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CHALIDZE PUBLICATIONS, RR 2, Box 6880, Fair Haven, Vt, O5743
ALL TEXTS ARE COPYRIGHTED. Do not post or reprint without permission
LINKS ARE WELCOME
OF THE STATE OF VERMONT,
ONE OF THE UNITED STATES OF AMERICA.
TO WHICH IS ADDED, AN APPENDIX, CONTAINING ANSWERS TO SUNDRY QUERIES, ADDRESSED TO THE AUTHOR.
By IRA ALLEN, Esquire,
MAJOR-GENERAL OF THE MILITIA IN THE STATE OF VERMONT.[*]
PREFACE
The public are therefore most respectfully referred to the "Particulars of the capture of the ship Olive Branch, laden with a cargo of arms, &c. the property of Major General Ira Allen, destined for supplying the militia of Vermont, and captured by his Britannic Majesty's ship of war Audacious, together with the proceedings and evidence before the High Court of Admiralty of Great Britain, Vol. 1. by Ira Allen, Esq; of Vermont, in the United States of America, the claimant in this cause, and printed by J.W. Myers, No. 2, Paternoster-Row, London, 1798."
The aim of the writer has been to lay open the source of contention between Vermont and New York, and the reasons which induced the former to repudiate both the jurisdiction and claim of the latter, before and during the American revolution, and also to point out the embarrassments the people met with in founding and establishing the independence of the State against the intrigues and claims of New York, New Hampshire, and Massachusetts, supported as they were by repeated resolves of Congress; when they were exposed to the power of a British army in Canada, &c.
Thus surrounded on every side, when their numbers were small, without affluence, and in a perilous situation; necessity, the mother of invention, instituted policy in place of power, which the author attempts to explain, but for want of documents and certain political expedients, some matters will be omitted till a future edition (in Vermont).
To state from memory historical facts relative to Vermont, many years past, with precision and correctness of dates, remote from original documents, is not to be expected, especially from a person involved in mercantile concerns, and embarrassed in a suit of much consequence; when Europe is affected with continental revolutions, and America feels the consequence; under such circumstances the Author relies on the public indulgence to pardon and correct all errors and inevitable imperfections, until they be noted in a future impression.
Many of the principal actors in establishing the independence of Vermont being numbered with the dead, the writer considered it his duty, while detained in this country, to spend a few weeks in relating the various manoeuvres made use of to perfect the constitution and Government of Vermont, which equally defends the rights and liberties of all.
Hereafter it may be proper further to explain the proceedings of New York against Vermont, as they were literally contrary to the orders of the King and Privy Council, and as they laid the foundation for the independence of Vermont. The conduct of the late colony of New York tended much to sour the minds of other colonies against the Government of Great Britain, believing as they did, that the Governor and Concil of New York acted in conformity to instructions from the British Cabinet. -- The principles of the controversy between New York and Vermont were spread and well understood in the colonies several years before the American war began, and no doubt had considerable influence in hastening and bringing about the revolution of America.
An appendix has been formed and subjoined to answer a number of queries of a gentleman respecting the general state of the country, its productions and habits.
The AUTHOR.
THE NATURAL AND POLITICAL HISTORY
OF VERMONT.
The territory forming the present independent State of Vermont, is situate between 42deg.[ ]45' and 45' degrees of north latitude, and between 3deg. 53' and 5deg.[deg.]46' of longitude, east of the city of Washington, which corresponds with 71deg.[ ]22' and 73deg. 15' west of London, and 73deg.[deg.]47' and 75deg. 40' of longitude west from Paris. It is bounded at the east on the west bank of Connecticut River, which is the western bounds of New Hampshire; on the north by the fourth line of Lower Canada; on the west by the waters of Lake Champlain, East Bay, and up Poultney; thence by a strait line to the north west corner of Massachusett; and thence east on the north line of Massachusett to Connecticut River. Its length measured by the latitude is one hundred and fifty-six miles and three-eight's of a mile; its north line is ninety miles and one-fourth, and its south is forty-one miles, which gives 10,164 superficial square miles and three-eighths, or 6,505,200 acres. The lands included within the State are fertile and well calculated for agriculture; the soil, with few exceptions, is deep, rich, moist, loamy, warm, and of a dark colour and loose contexture; wheat, Indian corn, and other kinds of grain grow and flourish luxuriantly as soon as the woods are removed, without the use of the plough; and after the first crop naturally produces grass for grazing and mowing. The face of the country affords different aspects; the lands adjoining the rivers are extensive fine plains and meadows; at a distance they rise into hills and mountains with many beautiful and productive valleys between them; springs and streams issue from those hills and mountains, which plentifully supply and fertilize the earth. The Green Mountains begin in Canada near the Bay of Chaleur, and one branch runs through Vermont, Massachusett, and Connecticut, and ends near New Haven. Their general course is from N.N. east to S.S. west, and they divide Vermont nearly in the centre; from ten to fifteen miles in width, and are the reservoirs of water to supply the adjacent hills and country; they are principally cloathed with spruce, hemlock, firs, some pine and other ever greens. The whole range is composed of huge rocks confusedly piled on one another, though in many places are large inlets of excellent land, which will be of more value for grazing than the low country, as they are but seldom exposed to droughts, and the grass is more nutritious. The humidity and height of these mountains render the air several degrees colder than it is in the flat country. The greatest height of Killington Peak (according to Dr. Williams) is 3454 feet above the level of the ocean, and the highest mountain within the State, whose summit has been taken by actual measuration; though it is concluded the Camel's Rump and Mansfield Mountain, if measured, would be found to exceed that, yet not more than half the height of the White Hills, the highest mountains in New England, which are said to be about 7,800 feet above the level of the sea, and but a little below the line of perpetual congelation in the same latitude in Europe[1] . Lake Champlain separates Vermont from the state of New York; its length (reckoning from White Hall [2], in the State of New York, to Fort St. Johns, in Lower Canada) is about one hundred and sixty miles, and its mean width near five miles. It contains three valuable islands, which are within the jurisdiction of Vermont, viz. the north and south heroes, and La Motte. Lake Mumphramagog is about forty miles long and nearly three miles broad; its greatest part lies in Lower Canada; the division line at latiude 45deg.[ ]crosses it; the lands and timber circumjacent to it are principally good, though at present the former is but partially cultivated. It discharges itself into the River St. Lawrence at the north, through the River St. Francois and Lake St. Peters; its navigation is more impeded by rapids and falls than the River Sorel is from St. John's to Chamble, through which Champlain empties into St. Lawrence.
In 1785 Captain Twist made a survey and level to ascertain the expence of a canal from the River St. Lawrence to Lake Champlain. By his report it is said to appear that the sum of twenty-seven thousand pounds sterling would make a canal sufficient for a ship of 200 tons to pass into Lake Champlain, which would extend a navigation 180 miles into the country, and make Lake Champlain a port; an idea which Congress have already anticipated, by the actual establishment of a custom-house at Alburg, near the entrance of the Lake.
The Rivers Missisqui, La Moile, and Onion, on the west side of the Green Mountains, flow into Champlain, and are of considerable extent. Otter Creek would be called a river in Europe, being equal in magnitude to either of the rivers before mentioned; so would many other streams which have not that appellation, though much larger than the Isis, so highly celebrated by the poets of Oxford. The Missisqui rises in Kellyvale, and runs north across the south line of Canada, thence turning S. westerly re-enters Vermont at Richford, and after a course of about seventy miles, discharges itself into Missisqui Bay at Highgate. This meandring river is navigable for large boats to Swanton Falls. La Moile and Onion Rivers are nearly of the same extent, and run in a serpentine manner. Otter creek flows in a northward course nearly 90 miles, and unites with Champlain at Ferrisburg; large vessels go up eight miles to the falls at Vergennes. The rivers and streams on the east side of the Green Mountains are more numerous, but of less magnitude, than those on the west, and all of them fall into Connecticut river; the most considerable are West River, White River, and Posoomsuck. The surface of the country appears to have undergone various changes. Large trunks of tree have been found in some places as low as thirty feet under the earth, which, no doubt, have lain there for ages, and from various circumstances, it is evident they once flourished above the spot where they lie. The floods, from time to time, have changed the beds of several of our rivers, as the different strata at twenty, thirty, and forty feet below the surface evince; and there is reason to conclude that the intervals have thereby been formed. The operation of water upon solid rocks indicates a very remote period, and proves they have been long subject to the power of that element, which has worn holes, of different forms, and a depth that astonishes the human mind. Travellers often have paid attention to the perforated rocks in Black River, at Cavendish.
About three miles from Burlington Bay, the River Onion presents a singular contraction, about seventy-five feet in breadth, depth unknown, two rocks rise at this point on each side, opposite to each other, which pointed out the ease of making a wooden bridge across it, ninety feet above the water, and which has been found exceedingly conveniently to passengers. Above and below this narrow place, the water is computed to be eighty-seven yards in breadth. How or in what manner this happened is a question worthy the enquiry of the naturalist, especially, when we view a channel south of this river which resembles the old bed of one, and if so, hence it is probable to conjecture, that the fertile lands, for several miles up the said river, might have once been the bed of a lake, which supposition is farther strengthened by the following curious fact, well authenticated: --
At Judge Lane's, in digging a well near the said river, at the depth of twenty-four feet, wood was found, at abont thirty frogs were discovered, but so apparently petrified that it was difficult to distinguish them from so many small stones, when brought out of the well, disengaged from the earth, and exposed to the air, they gradually felt the vivifying beams of the sun, and, to the surprize of all present, leaped away with as much animation as if they had never lain in their subterraneous prison. The place where this well was sunk, was on high grounds, often surrounded by the river in flood times, large pines, and the ancient fragments of them, are found on this land; from the appearance of the growth of this timber, those frogs we may well suppose to have remained under ground six hundred years. To account for this phenomenon, we must suppose some convulsion of nature to have buried those animals thus deep, whilst in a torpid state, and thus being excluded from the air, continued in the state in which they were found.
The River Onion, in passing through the range of the Green Mountains, also exhibits another curiosity: -- A stone bridge, consisting of one entire fragment, over which a man may pass, and which appears to have been seperated from a perpendicular rock on the south side, two hundred feet high. Above and below this place, the water may be about one hundred yards in breadth. The river flows underneath this bridge in low water, but when swelled with floods, runs over it.
In the spring of 1783, the dissolving snow and heavy rains swelled the River Poultney to such an extraordinary height, that it broke its usual bounds at Fair-Haven, whence it rushed with such impetuosity through a pine plain as to form a new channel, which is the less surprizing, as the soil was of a light texture on a stratum of hard blue clay, which it even wore away with such force as to discolour the water upwards of four months, sometimes extending to Crown Point, a course of fifty miles. It soon deserted Colonel Clark's intended mill, seat, and fall, and poured so rapid a torrent as to undermine and carry off lofty pines, the tops of which, when fallen in, and held by roots, did not fathom the bottom. What is strange, logs of wood were found in the banks, thirty feet beneath the suface of the soil, and different layers of earth, at different depths. It is not easy to account for these circumstances. Let us suppose for a moment, that the present interval above this fall, was once the bed of a lake, through which the river ran, and that in order of nature, and the course of time, wood, sand, &c. carried down by floods, choaked up the lake. The waters being no longer retained in their usual reservoir, rolled with all their strength, the effects of which, at length disclosed the materials of its original bed.
Vermont contains almost every thing within itself that can contribute to the immediate wants, convenience, and even luxury of man. This State abounds with different kinds of iron ore, well suited for hollow ware, bar-iron, and steel, together with lead and copper ore, ochre, red and yellow, lime-stone, and marble, white and beautifully clouded; and other kind of building stone: different sorts of clay for bricks, &c. materials from which putty of a good quality is made; springs that produce salts equal to that of Epsom; white pitch, yellow pine, oak, white, red, and black; and other species of useful timber, amongst which is the sugar maple, from which the farmers often make more sugar than serves for the usual comsumption of their families, by the use of their kitchen utensils; good hops and grapes grow spontaneously on the uncultivated intervals; apples, pears, plumbs, damascenes, red, black, and choke cherries, currants, gooseberries, rasberries, strawberries, melons, squashes, pompkins, &c. rise to great perfection in open fields and gardens.
The climate of Vermont is friendly to population and longevity; the air is salubrious, notwithstanding it partakes of heat and cold in high degrees[3], which gradually make their approaches. The frosts commonly retire about the 20th of April and return in October. Their first appearance is on the low lands in the congelation of the dews and vapours. High winds are found to prevent the humidity of the night falling on the earth, and fogs retain so much heat as to defeat the bad effects of a frost on vegetables and fruit. From the latter part of December to the last of March the snow covers the low lands from one to two feet in depth, and the mountains from two to four. It remains longer on the mountains than the valleys and hills. As soon as the snows melt off the mountains, the earth appears to be fertilized, and vegetation comes on rapidly; with a little cultivation the ground is prepared to receive the feed, and the vegetables soon spring forth to perfection.
The severity of the winter seldom kills young trees, or freezes any of the cattle, although they are not housed; nor is the cold so affecting to the inhabitants as the extremes and sudden transition from heat to cold on the sea coasts; there is a steady, settled frost for three months, and generally with little variation; the people, being accustomed to it, dress accordingly, and are far more healthy during the this season than those who are subject to the vicissitudes of heat and cold near the ocean.
The most prevalent winds are west, north west, and northerly; they are dry and elastic. Those from the south and south west are warm and more relaxing. The weather is generally fair in winter. The snows are frequent, and for the most part fall in small quantities, without high winds. Rain is uncommon in the winter, but hail is not. In April and May the weather becomes mild, attended with frequent showers, which promote vegetation. Though the weather, during the summer months, is generally clear and settled, yet it has been found, by meteorological observations, that near double the quantity of rain falls in Vermont to what falls in the same parallel of latitude in Europe. Naturalists attribute this to the forests and uncultivated state of the country, which furnish more water for the formation of clouds, but notwithstanding this opinion, many parts of America suffer more from droughts than any part of Europe.
The heat in the middle of the summer days is often uncomfortable, though the nights are cool and agreeable. The weather from the 15th of May to the 20th of October is, on the whole, very pleasant. Thunder and lightening are frequent in May, June, July, and August. The Aurora Borealis is the most common in March, September, and October, but is not unusual at other times of the year.
The climate admits of melioration as the woods are cleared away. The want of accurate meteorological observations prevents our determining whether the rain has decreased in the same proportion with the snow: Certain it is, that the snow has decreased in a visible manner since settling and clearing the lands, in many parts of the State. Perhaps the decrease of snow and rain will keep pace with the temperature of the atmosphere, which, in a century and a half (according to Dr. Williams) has changed, for the better, between ten and twelve degrees, though at present about ten or eleven degrees colder than in the same latitude in Europe. Many of the small springs, streams, and brooks have been converted into the richest meadows and arable lands. One of the first effects of cultivation is the dissipation of the waters, and a change in the swampy soil to that of dry and fertile lands. The forests abound with almost innumerable kinds of trees, shrubs, and vines; among the former, (reckoning the most useful) are the pine, cedar, maple, oak, ash, hickory, and wild cherry. Many vegetables are indigenous, and possessed of sanative qualities in a high degree, as far as has been proved in their application to medicinal purposes.
Various kinds of quadrupeds, peculiar to a northern and cold climate, are found in Vermont. Dr. Williams enumerates thirty-six. According to that able naturalist, Count de Busson, there are seventy-five in America peculiar to it, and twenty-five which are not, making in the whole one hundred. He concludes, that there are about two hundred diffused over the face of this globe. Vermont is not less fruitful in birds and fishes, than in the four footed race.
The extensive lakes and rivers in Vermont, and those contiguous thereto, are abundantly stored with fish, which in magnitude, variety and flavour, equal, and in many respects excel those of the same species in Europe, particularly sturgeon, salmon, salmon-trout, muskinunge, pike, &c. and in Davis and Lester Lakes, trouts are often taken from 20 to 30lbs. weight, with a line from 70 to 100 feet in length. Nature is not less bountiful to this State in fowl and quadrupeds of different kinds. The most useful in the first class are wild geese and ducks, partridge, pheasant, wild pigeon, quail &c. In the second, moose-deer, bear, beaver, hare, rabbit, otter, &c. independent of a large and encreasing stock of domestic animals. Hunting, fishing, and fowling, are free to all orders, in all seasons, except the killing of deer from the beginning of January to the first of September, as in part of that interval the skin and carcass are not so valuable; the intent of the other part of this law (founded on nature) is to preserve the young till they can exist without the dam. In 1741, the line, called the east and west line, which was the boundary between the provinces of New Hampshire and Massachusett, was ran and established. This line extended southward further than had been imagined, and included in New Hampshire the fort called Fort Dummer, which had been built and garrisoned by Massachusett's, but afterwards was supported at the joint expence of both provinces, as a mutual defence against the inroads of the savages, as the adjacent country, at the commencement of the war in 1754, was nearly a wilderness. A few families settled at and near this fort, as early as 1724, contiguous to Connecticut River, on locations from and under the Province of Massachusett, which lands were afterwards granted by Benning Wentworth, Governor of the Province of New Hampshire, in townships of six miles square each, by the names of Hinsdale, Brattleboro', and Fulham; and the dispute about the lands and titles was accomodated. A few Dutch families settled on the banks of Hoosoock River, without any titles to the lands, and which were afterwards granted by the Governor of New Hampshire, under the name of Pownal. Near the south line of this township were two block forts erected by Massachusett's, to guard the frontiers against the Indians and Canadians, whose incursions were dangerous. In 1731, the French erected the garrisons of Ticonderoga and Crown Point, and commenced settlements on Seignoral Grants, contiguous to Lake Champlain; the most flourishing of these was a settlement upon a point called Chimney Point, opposite to Crown Point, upon the said lake. On the Missisqui River was a large Indian town, which became greatly depopulated about 1730, by a mortal sickness that raged among them; in consequence of which they evacuated the place, according to the tradition of the savages, and settled on the River St. Francoise, to get rid of Hoggomog, (the devil) leaving their beautiful fields, which extended four miles on the river, waste. In pursuance to orders and instructions from his Britannic Majesty and the Privy Council, the Governor of New Hampshire (Benning Wentworth) proceeded, in 1759, to grant the lands on the west of Connecticut River, and north of the division line between the two Provinces, to such persons as would settle on and cultivate the same; those grants went under the title of New Hampshire Grants, each grant being six miles square, to sixty-eight proprietors, in equal shares, whose names were entered on the charter, reserving to himself 500 acres at the corner of every township, which were considered as two shares. Also reserving four public rights, viz. one to the Society for the propagation of the Gospel in foreign parts, one for a perpetual glebe to the Church of England, as by law established, one for the first settled Minister of the Gospel in the town, and one for the benefit of a School. The patentees or possessors after ten years were to pay ninepence sterling per annum on each and every hundred acres, as quit-rent to his Majesty. Each township was erected into a corporation, and authorized to act as such; and so soon as fifty families were settled therein, they were to have the privilege of a fair.
It is to be remembered that Govenor Wentworth made about one hundred and forty grants on similar principles, between 1759 and 1764, yet few settlements were made on them till after the capture of Montreal in 1761, and the reduction of Canada. In the course of this war, the French abandoned their patents, burnt their houses, and removed to Canada with the Indians, who had been a heavy scourge to the frontiers of New England, from its first settlement in 1620. Many of the patentees on the New Hampshire Grants, passed through the wilderness as soldiers, in the war against Canada; a road was cut from No. 4, (Charlestown) on Connecticut River, to Crown Point; others had traversed those woods as hunters and scouting parties, by which means they discovered the beauties of the country, and the richness of the soil; a country that had been hitherto reserved by contending nations as a barrier, and proved a snare for the subjects of both. At the happy period when Canada and New England became subject to one king, this wilderness was rapidly settled, and soon changed into fruitful fields and pleasant gardens, as there were no longer any savages to make the inhabitants afraid.
"To check the proceedings of New Hampshire and to intimidate the settlers, Mr. Colden, Lieutenant Governor of New York, issued a proclamation[4] reciting the grants to the Duke of York, asserting their validity, claiming the jurisdiction as far east as Connecticut River, and commanding the sheriff of the County of Albany to make a return of the names of all persons who, under colour of the New Hampshire Grants, had taken possession of any lands to the west of the river.
"To prevent the effects that might arise from this proclamation, the governor of New Hampshire put forth another proclamation[5], declaring the grant to the Duke of York to be obsolete; that New Hampshire extended as far to the west as Massachusett's and Connecticut; that the grants made by New Hampshire would be confirmed, if the jurisdiction should be altered; the setlers were exhorted not to be intimidated, but to be industrious and diligent in cultivating their lands; and civil officers were required to exercise jurisdiction as far westward as grants had been made, and to punish all disturbers of the peace."
Their prosperity and happy situation raised the envy of a number of avaricious and designing men in the colony of New York, who devised ways and means to change the jurisdiction, and attempted to disposses the inhabitants and proprietors of their property. Their plan was curious as it was culpable. In 1763, strangers were observed to pass through the district of the New Hampshire Grants, under the pretence of speculating in lands, but it was known that under this pretext they carefully took down the names of the inhabitants. Soon after, a petition to his majesty and the Privy Council was made out, as was supposed, signed with the names of the settlers, and sent off to London, praying that the district, lying west of Connecticut River, might be annexed to the Colony of New York, in consequence of its local situation, as best calculated to promote trade; and that the western bank of Connecticut River might be appointed the eastern boundary thereof. The petition had its effect; for on July the 20th, 1764, an order passed in council, declaring the western bank of Connecticut River, opposite the Province of New Hampshire, to be of right the eastern boundary of New York. The jurisdiction being changed by his Majesty's order, and the reasons not known, the people on the grants under New Hampshire acquiesced, never entertaining an idea that the title of their lands would be called in question, when both were royal governments. The governor of New Hampshire remonstrated against this loss of territory, and represented it to be injurious to the settlement and peace of the country; but his council being contracted in their politics, and more fond of gratifying the over-bearing influence of the favourite colony of New York, than of the just remonstrance of their Governor, induced his Excellency, of course, to relinquish all civil and military government over his grants west of Connecticut River; and in his proclamation, he recommended to the proprietors and settlers submission and due obedience to the authority and laws of the colony of New York, whereupon the Governor of New York issued his proclamation, claiming the jurisdiction, and requiring the inhabitants to deliver up their New Hampshire titles, and take out new grants of their lands, which was to be granted the settlers upon paying half the usual fees. Civil and military officers were accordingly appointed among the people of the New Hampshire Grants, and every thing seemed to presage happiness and prosperity. But their prospects were soon clouded; for the Governor of the colony of New York, who, with the advice of his council, on seeing the people not disposed to purchase their own lands over again, proceeded to re-grant the lands which they already held under the grant of one Royal Governor, whose authority was equal to that of any other Royal Governor. Fees of office, rather than justice or sound policy, actuated the Governor of New York, as will appear in the sequel; for certain of his favourites, who had distinguished themselves in procuring the change of jurisdiction, obtained extensive grants of other people's property. This conduct alarmed the settlers, not knowing what measures were best to secure their common interest; all being willing to own the jurisdiction of New York, but none being disposed to yield their lands; they therefore remonstrated against the injustice and illegality of one Governor superseding the grants of another; that the change of jurisdiction could not alter the state of private property; that the object of the Crown was originally to give the lands to the settlers; and finally, that it made no difference to the King which province held the jurisdiction if the quit-rents were not to be changed from their New Hampshire establishment of nine-pence sterling the hundred acres, though the Grants under the colony of New York established them at two shillings and six-pence. Those just and equitable assertions weighed not with the Governor and Council of New York so much as the fees, and they determined to persevere in re-granting the lands, and to enforce obedience to their measures both by civil and military law. The Governor used however some policy to complete his injustice, he made a difference between the settlers on the east and west sides of the Green Mountains. Some leading characters on the east side, by yielding up their New Hampshire grants, had new or confirmation grants from New York, on paying half fees.[6] This plan was intended to divide the people, while the settlers on the west side had their lands re-granted, and were called on to acknowledge themselves tenants to the Grantees under New York; this demand was not complied with by the settlers, who replied that the fee simple of the lands rested in the possessors. The settlers called a Convention of Representatives from the several towns on the west side of the Green Mountains, who, on mature deliberation, agreed to send an Agent to the Court of Great Britain, to state to the King and Council the illegal and unjust proceedings of the Governor of New York, and to obtain redress of their grievance; they appointed Samuel Robinson, Esq; of Bennington, as their Agent; he accordingly repaired to London, and stated the grievance that the people laboured under, through the illegal conduct of the governor and Council of New York, but unfortunately was taken sick and died, and was buried in Westminster-Abbey. After his death, his Majesty and Privy concil took the Petition into consideration; and in July, 1767, passed an 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 his Majesty's highest displeasure, presume to make any grants whatsoever, of any part of the lands described in the said report, until his Majesty's further pleasure shall be known concerning the same." This Royal prohibition was sent to the Governor, but was kept private by him and his Council, for near two years. In the meantime the persecutions of the settlers were carried on by the Governor and his land-monopolists. About this time Smith's History of New York was industriously circulated, in which he attempts to prove that the colony had an ancient and indisputable title to the lands west of Connecticut river, in virtue of a grant of King Charles II. to his brother James Duke of York, containing "all the lands from the west side of Connecticut river, to all the east side of Delaware-bay."
In order to promote a further division between the people on the east and west of the Green Mountains, the Governor of New York gave civil and military commissions to the leading characters on the east side. Mr. Nathan Stone, of Windsor, raised a large party to oppose the overbearing power of the Governor and Council of New York, but finally was overpowered and submitted; and soon after was appointed Colonel of the militia in the county of Cumberland, which then included all the New Hampshire grants east of the Green Mountains and west of Connecticut river. This county being so extensive, and other men wishing for preferment, the Governor and Council to secure their interest, divided it, and established the county of Gloucester to the north. The new county was divided into half shires, Newbury and Kingsland,[7] and (strange to relate) a log Court House and Gaol were erected at the latter place, though in the wilderness, and eight miles distant from any settlement; there the Courts were opened and adjourned to Newbury. The Govenor, by this stratagem, partially brought the eastern counties to coincide with the interests of New York, and placed the western district in the interior of the Government, thereby thinking to compel them to submit as tenants to the Grantees, under New York; forgetting that men, who had braved every danger and hardship attending the settlement of an uncultivated country, would not tamely submit to a mercenary Governor and set of land-jobbers, having no legal or equitable right to the lands and labours of others; the contest grew warm and serious; writs of ejectment were issued, and served on sundry persons, and returned to the supreme Court at Albany; some officers were opposed by the people and prevented serving their writs.
Ethan Allen, Esq; a proprietor under the New Hampshire Grants, was appointed by the people their Agent; his first step was to wait on the Govenor of New Hampshire, and obtain copies of the Royal orders and instructions, on which his Excellency had granted and given patents of lands in the western part of the province of New Hampshire; with these copies and the original charters or grants, he waited on Mr. Ingersoll, an eniment barrister of Connecticut, who accompanied him to Albany, to defend the settlers under New Hampshire Grants, before the supreme Court, against the writs of ejectment. When the first cause was brought before the Court, Mr. Ingersoll answered for the Defendant, and pleaded in bar to the action, and supported his plea by the Royal orders and instructions to Governor Wentworth to make grants of lands in the province of New Hampshire, to such people as would settle upon and cultivate them; and also produced the grant and charter to the settlers, but the judge would not admit of their being received in Court as evidence, on which Mr. Ingersoll saw the cause was already prejudged, and did not attempt to defend it; and judgment was rendered against the Defendant. Thus a precedent was established to annihilate all the titles of lands held under New Hampshire Grants, west of Connecticut river. Mr. Ingersoll and Mr. Allen retired from the Court, and in the evening Messrs. Kemp, Banyar, and Duane, lawyers and land speculators of New York, called on Mr. Allen, and among other conversation, Mr. Kemp, the King's attorney, observed to Mr. Allen, that the people settled on the New Hampshire Grants should be advised to make the best terms possible with their landlords, for might often prevailed against right: Mr. Allen answered, The Gods of the valleys are not Gods of the hills; Mr. Kemp asked for an explanation, Mr. Allen replied, that if he would accompany him to Bennington, the phrase should be explained. Mr. Kemp proposed to give Mr. Allen and other men of influence on the New Hampshire Grants, some large tracts of land, to secure peace and harmony, and the friendship of the leading men; but the proposal was rejected, and their conversation ended.
On the return of Mr. Allen to Bennington, a convention of the people met, and passed a resolution to support their rights and property 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, and not being able to stand in their Courts, before the intrigues and power of a junto of New York land-jobbers, who controlled the civil powers of the colony.
This was a bold stroke of a hundred men, who united to oppose the most favoured colony under the Crown, and whose wealth and numbers were great; but the people on the grants rightly considered their controversy was not with the great body of people; only with the Governor and Council of New York, and their land associates, who were but a small and jesuitical part of the community.
This distinction was kept up during the whole dispute in all the publications against the tyranny and injustice of the rulers of New York, which made friends abroad, and united the people at home, and greatly promoted migrations from New England.
Some Patents which began in New-York on perambulating and re-measuring their lines, were extended into the towns of Pownal, Bennington, Shaftsbury, &c. about three miles on their western parts.
These claims were violently insisted upon (especially at Walloomscoick, and were as forcibly defended by the people, who determined to dispute every inch of ground which had been granted to them by the Governor of New Hampshire.
Civil officers from New-York were therefore opposed by the people of New Hampshire Grants, who, in return, were indicted for riots, by the people of New York, from whence writs were issued, and their Sheriffs' officers sent to apprehend the delinquents. These officers were seized by the people, and severely chastised with twigs of the Wilderness; every day produced new events, which induced the settlers on the Grants to form themselves into a military association. Mr. Ethan Allen was appointed Colonel Commandant, and Messrs. Seth Warner, Remember Baker, Robert Cockran, Gideon Warren, and some others, were appointed Captains; Committees of Safety were likewise appointed in the several towns west of the Green Mountains; though by order of the Governor of New York the south parts of the Grants were annexed to the County of Albany, and the North formed into a County by the name of Charlotte, which extended some distance west of the district of the New Hampshire Grants. Here Justices of the Peace and Civil Courts were also appointed, and allowed (by the people) to act, when the title of Lands was not concerned, nor riots, nor sending people off the Grants without the concurrence of the Committee of Safety. The Governor of New York had threatened to drive the military (his opposers) into the Green Mountains, from which circumstance they took the name of Green Mountain Boys. In consequence hereof the Convention passed a resolution that no officer from New York be allowed to carry out of the district of the New Hampshire Grants, any person, without permission of the Committees of Safety; or of the military Commanders. Surveyors of land under New York were forbid to run any lines within the Grants; transgressors in this point were to be punished according to the judgment of a Court formed from among the elders of the people, or military commanders. Their punishment sometimes consisted in whipping severely with beech twigs, and banishment, not to return on pain of suffering the resentment of the Green Mountain Boys. Mr. Hugh Monroe, an old offender, was taken, tried, and ordered to be whipped on his naked back; he was tied to a tree and flogged till he fainted; on recovering he was whipped again until he fainted; he recovered and underwent a third lashing until he fainted; his wounds were then dressed, and he was banished the district of the New Hampshire Grants. These severities were used to deter people from endangering their lives, and to prevent aid being given to the land claimants of New York; they proved to answer the purpose, and the Green Mountain Boys soon became the terror of their adversaries. When the Sheriffs' officers came to collect debts they were used with civility, and the cause of the people was explained; in this way the strength of the enemy was weakened, and the cause of the settlers gained strength and credit.
Colonel Reed, a British officer, had obtained from the Governor of New York a grant of lands that covered most part of the townships of New Haven, Ferrisburgh, and Panton; he went and took possession of a saw mill by force, at the lower falls on Otter Creek, with a quantity of logs and boards, and refused to permit (the Pangborns) the owners and builders to make use of any part of their property. The Colonel kept possession and built a corn-mill, sundry houses, and settled some Scotch families on the premises. Several riots happend in consequence of opposing surveyors and civil officers under the authority of New York.
The Convention met again, and passed a decree forbidding all persons taking grants or confirmation of grants under the Governor of New York. This decree tended to unite very much the settlers in the common cause. About the same time the Legislature of New York passed an act, authorizing the Sheriffs of Albany and Charlotte counties to call out the posse comitatus in case they should be opposed in the execution of their office, and if any person refused to obey the order of the sheriff, he was subject to a fine of 75 dollars and six months imprisonment. The Governor of New York issued his proclamation, offering a reward of 150 pounds for Colonel Ethan Allen, and 50 pounds each for Warner and five others therein named, to any person that should take and confine them in any gaol in the colony of New York. Allen and the other proscribed persons issued another proclamation, offering five pounds to any person who should take and deliver John Tabar Kemp, Esq; Attorney General of the colony of New York, to any officer in the militia of the Green Mountain Boys, and published the same in the public newspapers in New England. The supreme Court at Albany having awarded a judgment on a writ of ejectment against James Brackenridge, of Bennington, Esq. the Sheriff of the County of Albany summoned the posse comitatus to go with and assist him in putting the Plaintiff in possession of the Defendant's house and lands. Accordingly 750 men well armed followed the Sheriff. The news of the Sheriff's approach with an armed force so formidable, was a trial of the courage and independent spirit of the Green Mountain Boys, who, under every discouragement, except that of being in the wrong, had determined on justice or death. The settlers in general were poor and widely spread, which made it difficult to convene them in a body sufficient to encounter 750 men; in this case they had to oppose the most favourite colony under the Crown, whose population was large, the land monopolists rich, the Governor and Council intriguing, and who had, by contending with Connecticut and New Jersey, in the settlement of boundary lines, gained considerably, and also laid claim to the western part of Massachusett's bay. Notwithstanding these discouraging circumstances, the officers of the Green Mountain Boys collected as many men as they could, (being only about three hundred) who arrived at the house of Mr. Brackenridge some hours before the Sheriff; they were formed into three divisions; the house was prepared, and an officer with 18 men put in it for defence; about 120 were placed in a wood, behind trees, near the road, through which the Sheriff must march, and would naturally halt his men while he went to demand possession of the premises; the other division was stationed behind a ridge of land in a meadow, within gun-shot of the house, and out of sight of the Sheriff's men. Thus the ambuscade was formed to have a cross fire on the Sheriff's men without endangering themselves, and to be ready against the Sheriff forced the door, which was to be known by hoisting a red flag above the top of the chimney. When the Sheriff approached all were silent; he and his men were compleatly within the ambuscade, before they discovered their situation; Mr. Ten Eyck, the Sheriff, went to the house and demanded entrance as Sheriff of the County of Albany, and threatened on refusal, to force the door; the answer was, "attempt it, and you are a dead man." He repeated his demand and threat, without using any force; and received for a second answer, hideous groans from those within! At this time the two divisions exhibited their hats on the points of their guns, which appeared to be more numerous than they really were. The Sheriff and his posse feeling their dangerous situation, and not being interested in the dispute, made a hasty retreat, so that a musket was not fired on either side; which gave satisfaction to and cemented the union of the inhabitants, and raised their consequence in the neighbouring colonies. Riots and disputes continued to increase, and many transgressors from New York underwent the discipline of the whip: Mr. J. Monroe, who had acted as a justice of the peace under New York, had rendered himself obnoxious by his partiality for New York, and persecution of the settlers of the grants. Colonel Allen, with a party, went to his house very early one morning, and fired several shot into the upper part of it, which alarmed him to such a degree that he fled to New York.
About this time a banditti came to Arlington, wounded and took prisoner Captain Remember Baker, (one of the seven proscribed persons) and his wife was also severely wounded with a sword. They put Baker into a sleigh, and drove off with great speed to Albany. An express was sent to Bennington with the tidings; instantly on the news, ten men mounted their horses and pursued them near thirty miles, and intercepted the party at a cross road, (about 50 men) on full speed. This banditti thought the ten horsemen were an advanced guard of a larger party, and therefore left their prisoner and fled. Captain Baker being nearly exhausted by loss of blood, was taken care of, his wounds dressed, and then carried home to his wife and children, to their no small joy, and that of the Green Mountain Boys.
Information reached Bennington, that Governor Tryon was on his way by water to Albany, with British troops, in order to subject, or destroy the Green Mountain Boys: This news was readily credited, as the royal troops had been lately used on Bateman's Patent, in the colony of New York, to quell some disputes about the titles or rents of lands; and it was known that the subsequent Grantees of the New Hampshire Grants had applied to the Governor of New York for a similar favour. New and more serious troubles daily appeared. The Committees of Safety met the military officers to consult on measures proper to be taken. They found matters had come to a crisis that compelled them either to submit and become tenants to the land jobbers of New York, or to take the field against a royal Governor and British troops; either step seemed like the forlorn hope. Having reflected on the justice of their cause, the hardships, expence of money, and labour they had been at in building and cultivation, they, therefore, unanimously resolved, that it was their duty to oppose Governor Tryon and his troops, to the utmost of their power; (and thereby convince him and his council, that they were punishable by the Green Mountain Boys) for disobeying his Majesty's prohibitory orders, of July 1767. The plan of defensive operation was the next question in case of an attack. The elders of the people urged the propriety of sending a flag to the Governor, to enquire whether an accomodation was impracticable? the military objected and said, that step would now shew pusilanimity as well as confidence in the Governor, who had proved himself at North Carolina to be not worthy of confidence; and besides, no officer could be found to be bearer of a flag to him.[8] The elders of the people assured the military officers that they would afford them every degree of assistance in their power, advising them to concert among themselves the plans of defence, and then retired.[9] The military sent a person to Albany, who had not been indicted as a rioter, to see the Governor and some of his principal officers, so as to know them again; to discover their strength, and order of marching; and when they would leave Albany. Having performed this business he had orders to return and join six other good marksmen, and station themselves at a certain place in a wood near the road that the enemy were to march; the Governor was to be pointed out, and the expert marksmen, were to fire, one by one at him, until he fell from his horse, then to give an Indian whoop and raise their ambuscade; and should the enemy afterwards continue their march, they were to return to the road at a fixed place, and take down two or three more of the chief officers; then to hasten and join the main body, who were to be prepared to receive Governor Tryon's troops, and to decice the fate of the inhabitants of the New Hampshire Grants.
The messenger, on his return from Albany, made the following report, that the British troops were wind bound some miles below Albany, and were destined to relieve the garrisons of Oswego, Niagara, and Detroit; and Governor Tryon was not with them; of course the preparations for a battle were suspended. The Governor and land-jobbers soon got information of this preparation; and they were both intimidated and convinced, that the Green Mountain Boys would fight even the King's troops if sent to decide the titles of land, and to dispossess the inhabitants who reduced them out of a state of nature. This alarm answered every purpose that a victory possibly could have done, without shedding blood.
The Convention met and passed a decree, 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 authority of the Governor or Legislature of New York, were required to suspend their functions on pain of being viewed. This decree united the people in the common cause, and induced many in New England to move and settle on the New Hampshire Grants. -- Mr. J. Monroe, whose house had been fired at, met Captain Warner and Mr. Sherwood, when some provoking words passed, and Warner drew his sword and smote Monroe on his head, but his thick hat, hair, and skull saved his brains, and broke Warner's sword.
Colonel Allen, with a party of men, thought it high time to pay a visit to the plantation and mills which Colonel Reed had taken possession of in New-haven as aforesaid; he gave Colonel Reed's tenants a short time to remove their goods, and then burnt the houses, ordering the tenants to quit the district, unless they took or purchased under the New Hampshire Grants.
Colonel Allen went then to Colonel Reed's corn mill; but found it could not be burnt separately from Pangborn's saw-mill; he ordered the mill-stones to be broken and thrown down the falls, and the roof taken off, and put Pangborns in possession of their property; assuring the people that henceforth all who held titles under the grants of New Hampshire, should be protected against the lawless invaders from New York.
The sheriff of Charlotte county attempted to arrest Captain Cockran for riots and outrages, who was too well armed for a civil officer, and the Sheriff, for safety, made the best of his way out of the territory of the Green Mountain Boys.
The first settlers of Clarendon, held under an absolute title of Colonel Henry H. Lydius, who pretended to have a title from Governor Pownal, of Massachsett's, but it was no more than an order of location, beginning at the mouth of Otter Creek, thence extending 60 miles up the creek, and its width 20 miles; a part of these lands had been granted by the Governor of New York to James Duane, and others, under the name of Socialboro'. The settlers were in favour of New York, and pretended to hold under Lydius; they, therefore, declined purchasing under New Hampshire or New York, until the dispute should be settled. Disturbances had frequently sprung up in this place; Mr. Spencer, an artful, intriguing, and designing man, acted as a justice of the peace under New York, and often sent writs against the inhabitants of that and other places. Colonel Allen, with near a hundred men, set off for Clarendon, to terrify and frighten Spencer out of the country. Information of the intended visit reached Spencer, and he fled into the woods. Allen and his party went to his house, but he could not be found. After scouting the woods in vain, they marched three miles, and put up for the night. Towards day-light Allen, with ten men, went again to Spencer's house, and, with a log, forced the door, then with swords and pistols rushed in, crying out for Spencer to appear, but he had not ventured to return home. They left the house and joined their party, where a small dog was discovered, whose name was Tryon; they took and cut the poor animal in pieces with their swords, for no other cause than that of being called Tryon; they held up the different parts of the dog, and vociferated, Thus will we do unto Tryon. Mr. Spencer was so much alarmed at this visit to his house, and the fate of the dog, that he fled to New York, and matters remained quiet for a time.
In the spring of 1772, Governor Tryon addressed a letter to the Rev. Mr Dewey, of Bennington, which held out a glimmering hope of a pacification. The Governor requested Mr. Dewey to interpose his good offices, and state the grievances of the people, assuring him that they should be redressed so far as was consistent, and that if the people chose to send agents to negociate an accommodation, they should be received and protected, excepting Mr. Ethan Allen, Seth Warner, Remember Baker, and Robert Cockran. This invitation was kindly accepted, and Captain Steven Fay, with Dr. Jonas Fay, were appointed agents of the settlers on the grants to go to New York, for an adjustment of the claims of the grantees under New Hampshire. Accordingly the agents waited upon and laid before the Governor and Council of New York all matters of grievance, and a suspension of all crown actions against the settlers on the grants took place in consequence, until his Majesty's will and pleasure should be known: and further it was recommended by the Governor and Council to the land claimants under New York, to put a stop, during this period, to all respecting titles of land suits. The agents found that nothing could be done effectually with the Governor and Council to secure the interest of the settlers; therefore, after having put the business in a train of negociation, they took leave and returned to their constituents. Their reports gave union and strength to the settlers, and proved sufficient caution against the collusions of New York. Sundry letters afterwards passed between Governor Tryon and Mr. Dewey on this subject, which had a tendency to keep matters quiet a little while. During this seeming friendly correspondence, the land jobbers of New York privately sent Mr. Cockborn, a surveyor, to make further locations within the district of the New Hampshire grants; some knowledge of this transpiring, pains were taken to find him out. At length Ira Allen discovered his destination, by traversing the wilderness, and Captain Warner and Baker, with a number of men, went in the pursuit; they found and took him in Bolton, near one hundred and thirty miles north of Bennington: great part of this way was in the Wilderness. They broke and destroyed his instruments, and tried him by a court martial; he was found guilty, and banished the district of the grants, on pain of death if he ever returned. The correspondence then going on between the Governor and the people for the restoration of peace and friendship, saved Mr. Cockburn a severe whipping.
In the autumn Lieutenant Ira Allen being desirous of exploring the northern part of the district for settlement, was accompanied by Captain Baker and five men, who went from Skeensborough-falls by water to the lower falls in Onion River, where they discovered and took a boat and some provisions, with two men, one of whom informed Allen and Baker that they were with a surveying party from New York under Capitain Stephens, who had with him five men and three guns. Baker and his party had only one gun, a case of pistols, and a cutlass. It was concluded to wait their return, as hunger would soon force them in; therefore at evening, they stationed a sentinel, secured their prisoners, and went to rest. Next morning, about sun-rise, two boats were seen coming towards the camp, with white men and thirteen Indians, armed. Stephens and his five men landed, and the Indians were about to follow. Allen and Baker had one man who spoke the Indian language; he told the Indians that "this was a land dispute between white men, and did not concern the Indians, who might hunt and fish and do what they pleased.["] At this the Indians went off, and left Stephens and his men prisoners.
They were released without any trial, or corporal punishment (on account of the subsisting negociations) and they promised not to return again. Baker, Allen, and the party went on, and exlored the country, surveyed the township of Mansfield, and returned to the river in Bolton. Allen wishing further to explore the country, Captain Baker and one man returned with the boat to Skeensborough, and he and the four remained, and traversed the wilderness. Being almost destitute of provisions, in consequence of a disappointment, they concluded to make the best of their way to Pitsford, nearly seventy miles, through a wilderness. After travelling four days through the woods, brooks, and rivers and over the range of Green Mountains, with only one dinner and three partridges for five men, they reached Pitsford, almost overcome with hunger and weakness. They were fed with a crust of bread, then with pudding for an hour, then with a small piece of mutton and turnips. One man eat a double share, and soon fell asleep; he was rolled over and over, and carried about an hour, before they could awake him; had they neglected him during that hour, he would have never awoke again: This should caution men not to eat much after long abstinence, and when hunger has changed to faintness.
The agents of Colonel Reed found means (by hooping) to repair the stones of the corn-mill, and by that means kept possession. Mr Allen, with one man, on passing that way, stopped at the mill, and caused the miller to break the stones into small pieces with a sledge, and throw them down the falls, and gave orders not to repair the mill again, on pain of suffering the displeasure of the Green Mountain Boys.
The Governor and his coadjutors seeing they could not make settlements, or get possession of the lands in the district of the grants, and that time and persecution had added strength and courage to the people, cunningly adopted another plan, by encouraging a number of Scotch emigrants to settle at New Haven falls, under the New York proprietors. Information of this was sent to Colonel Allen; whereupon he, with a number of men, repaired to New Haven falls, and built a block fort, but before it was finished, some agents from the Scotch emigrants came from New York to view the country, and learn the nature of the dispute, prior to the removal of their families. Having discovered the nature of differnt claims, they informed Col. Allen that they had been deceived, and that they had not migrated to settle on lands whose titles were contested, especially where garrisons were building to support them. Those emigrant strangers quitted the district of the grants, and afterwards settled on the Mohock River.
The families of Allen and Baker, with a view to guard the coasts against settlers under the grants of New York, errected another block fort at Colchester, near Onion River lower falls, with thirty-two port holes in the upper story, and well furnished with arms and ammunition.
A road was cut by these families, extending from Castleton to Colchester, being about seventy miles, which, with the forts now completed, contributed to facilitate the settlement of the northern part of the grants, and discouraged settlements under the claims of the New York patentees.
At Shelburne a few families had settled under the New York claimants, and these were permitted to remain so long as they continued peaceable, with leave to use their option as to purchasing under the New Hampshire titles.
The plan of the land monopolizers of New York was to get in possession and to occupy the lands contiguous to Champlain, as they had done on the east part of the grants adjoining Connecticut River, and thereby be able to subject the interior country. At this time New York was contending with Massachusett's and claimed jurisdiction over the county of Berkshire, that lay east of the twenty miles line from Hudson's River, which was, in 1764, the established eastern boundary of New York, and so remains. Though the New Yorkers, to change that line, and establish a precedent, sent warrants into that county, in the jurisdiction of Massachusett's, and took Joseph Bills and Gillom Belcher at Sandersfield, for (the supposed to be) forgers of New York paper currency, carried them to Albany, tried, condemned, and executed them, for a crime which (if committed) was commited twenty-five miles east of the jurisdiction of New York.
One evening Colonel Allen and Mr. Eli Roberts went into the house of Mr. Richardson at Bridport, and unexpectedly met with two serjeants and ten men from the garrison of Crown Point, well armed. The serjeants knew him; the soldiers were at the door, and before Allen saw his danger, it was too late for a retreat. Thus situated, Allen called for liquor, and made merry with the serjeants, who observed that he and Roberts had each a gun and a case of pistols. They supped and Allen and Roberts asked to be accommodated with beds, but were answered, that all were engaged by the serjeants. They then concluded to sleep in the barn, though the serjeants politely offered to give up one bed to them, which was not accepted, as the season was warm, and they well knowing that, for sake of the Governor's reward, the serjeants would endeavour to secure them. At bed time they were shewn to the barn, and, to blind suspicion, left their guns in the house; the serjeants saw them to the barn, and wished them a good night. Soon as possible Miss Richardson brought them their guns, and they departed. The serjeants waited in the house till they supposed Allen and Roberts were asleep, then surrounded the barn, and sought in vain for their expected prey.
Mr. Hough, of Clarendon, by persuasion of the Governor of New York, had the imprudence to accept the office of a justice of the peace, under the jurisdiction of that colony, and was hardy enough to officiate as such; whereupon he was taken, and brought before the Committee of Safety at Sunderland, before whom he justified his conduct, and pleaded the jurisdiction of the colony of New York. The Committee ordered the resolution of the Convention of the New Hampshire grants to be read, which forbid all persons holding any office, civil or military, under the colony of New York, within the said district.
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 suffer death, unless by special leave of Convention.
This sentence was executed in a severe manner. He asked for and received a copy of his sentence, which, together with the receipt on his back, would, no doubt, be admitted as legal evidence before the Supreme Court and Governor of New York, though the King's warrant to Governor Wentworth, and his Excellency's sign manuel, with the great seal of the province of New Hampshire, were not. In the summer of 1773, Mr. Ira Allen, with three men, went from the block fort on Onion River, in pursuit of a Mr. S. Gale, who, with a number of men, were surveying in the district of the New Hampshire grants, for the land jobbers of New York. Allen and his party traversed the district from east to west, through the townships of Waterbury, Middlesex, and Kingsland, to Moretown, alias Bradford, and Haverill; and, at length, obtaining information of the surveyor's destination, they procured provisions and some spirits, and went again in quest of him; they discovered his line, and by that, followed him to near the north east corner of the present town of Montpellier; here it ended, and he could not be traced further, because, being apprised of his danger, he made a corner on dry land, and thus precipitately escaped, and Allen came to the corner an hour after he fled. On the sixteenth day they reached the block fort whence they sat out.
Dr. Samuel Adams, of Arlington, became friendly to the interests of the monopolists of New York, and often spoke disrespectful of the Convention and system of the Green Mountain Boys, advising people to purchase lands under the New York titles. Such conversation tended to divide the people, and strengthen the enemy, who were much alarmed at the perseverance and summary mode made use of by the Green Mountain Boys, in punishing the claimants under, or partizans of New York, many of whom had been whipped almost to death. Therefore the New York grantees would have been willing to have sold their subsequent grants to the most influential characters, to cover their lands and improvements, in order to obtain peaceably the lands granted by New Hampshire, which were not settled, as well as that part of the country which had not been granted, considering themselves safe and in the quiet possession of all the lands to the east of the Green Mountains. Under these circumstances Doctor Adams was requested to change his conversation on the subject, or at least, to be silent. The Doctor persisted, and declared that he would speak his mind, and converse as he pleased. He also armed himself with a pair of good pistols and other private weapons, and gave out that he would silence any man who attempted to molest him. However, the Doctor was soon taken by surprize, 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 cat-a-mount's skin stuffed sitting upon the sign post, 25 feet from the ground, with large teeth, looking and 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 liberty 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 admonition to go and sin no more. This mild and exemplary disgrace had a salutary effect on the Doctor, and many others.
About this time the Convention of the said district of New Hampshire Grants appointed Messrs. James Breckenridge and Jehial Hawley, as their agents, to repair to London, and in the name and behalf of the said people, to prefer a memorial to his Majesty and Privy Council, for redress of the aforesaid grievances from the colony of New York, and to further negociate, in the name and behalf of said people, as circumstances might require.
They repaired to London, made some progress in their mission, and favourable measures were taken; but after considerable delays, the approaching American war seemed to bar any final decision, and they returned, without accomplishing the objects of their delegation.
Colonel and Lieutenant Allen were on a visit at their brother Heman Allen's, at Salisbury in Connecticut, near the east line of the colony of New York. A plot was laid by a number of people in the colony of New York to take Colonel Allen, and carry him to Poughkeepsie gaol, and thereby obtain the premium promised by Governor Tryon. One Robert M`Cormick, who had done business for Heman Allen, was appointed the decoy duck on this occasion. His plan was to go and find which room Colonel Allen slept in, then to inform the gang, who were well armed with swords and pistols, and had two sleighs prepared. At a proper hour in the night, Mr. M`Cormick was to open the door, and conduct them to the Colonel's apartment, seize, force him into a sleigh, and drive off with all speed out of Connecticut. The plan thus laid, M`Cormick parted with his gang, went to Heman Allen's house, and was as usual kindly received, and offered a bed. It was observed by the family that M`Cormick was unusually reserved in his conversation and drinking. He made some feint inquires about Colonel and Lieutenant Allen, who had rode out that afternoon, but were expected to return every moment. Heman Allen suddenly taxed M`Cormick of being concerned: He confessed such a plot was in agitation, and that he had come privately to apprise them of it. M`Cormick departed, and told the gang what had happend, and thought it prudent to suspend their intentions. The Colonel and Lieutenant armed, however, for their defence, but were not disturbed. The spirit of opposition and resentment had arisen so high in the course of these proceedings, that in March, 1774, the Government of New York passed an act, the most mandatory and despotic of any thing which ever appeared in the British colonies. Among other extraodinary exertions of "vindictive power, it contained[10]," to the disgrace and shame of the authors and abettors of this curious clause;
"and in case the said offenders shall not respectively surrender themselves pursuant to such orders of his Excellency the Governor, or of the Governor and Commander in Chief for the time being, to be made in Council as aforesaid; he or they so neglecting or refusing to surrender himself, or themselves as aforesaid, [i.e. within the space of seventy days next after the first publication of the order] shall, from the day to be appointed for his or their surrender as aforesaid, be adjusted, deemed, and (if indicted for a capital offence hereafter to be perpetrated) to be convicted and attainted of felony, and shall suffer death, as in cases of persons convicted and attainted of felony by verdict and judgment, without benefit of clergy; and that it shall and may be lawful to, and for the supreme court of judicature of this colony, or the courts of oyer and terminer, or general gaol delivery, for the respective counties aforesaid, to award execution against such offender or offenders, so indicted for a capital offense, perpetrated after the passing of this act, in such manner as if he or they had been convicted or attainted in the supreme courts of judicature, or before such courts of oyer and terminer, or general gaol delivery respectively."
This act of proscription caused a meeting of the committees of the several towns on the west side of the Green Mountains, to convene in Manchester, April 1774, who came to the following resolve:
"That for the future every necessary preparation 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 and attachment to the great and general cause, are falsely denominated rioters; 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 criminal prosecutions, that are so indeed; and that we will assist, to the utmost of our power, the officers appointed for that purpose."
The proscribed military were more pointed and severe in an address directed to the people of the counties of Albany and Charlotte, and others who might be called on to assist the authority of New York, in these words: that "we will kill and destroy any persons, whomsoever, that shall presume to be accessary, aiding or assisting, in taking any of us." This, with the preceding resolution, was published in newspapers and handbills, to deter any person from carrying the said acts into execution, and to prevent the effusion of blood. In this, the inhabitants of said district conceived that they were only contending for justice, as rigidly as it was forcibly and illegally debarred them by the Governor and Council of New York.
At this Convention, a printed constitution, or more properly rules for the future government of the district of the grants were published, as a general defence became necessary to guard against the usupations of the colony of New York.
After the accession of King William III. the first commission issued was, to appoint Colonel Henry Sloughter Governor of the colony of New York, and the territories thereon depending in America. The colony of New York did not, however, extend to Albany; but that country, and the remainder now claimed by the Governor of New York, were territorial jurisdictions, continuing still in residuum, under authority of the crown. The same forms have since been observed in commissions to the Governors of New York, until the independence of America.
In 1773, Colonel Allen made a collection of documents respecting grants to the Plymouth Company, Sir John Young and others, Lord Say and Sele, of the settlement of the boundary line between the provinces of Massachusett's and New Hampshire, the grant to the Duke of York, and the history of the first settlement of New Amsterdam, now New York.
From these documents, and the oppressions exercised by the Governor and Council of New York, Colonel Allen wrote and published a book of nearly 400 pages, in 1774. By this book and others, the cause of the people became of public notoriety through the colonies, as the newspapers were in every part circulating these proceedings, which sowered the minds of the people much against the British Government, as it was generally supposed that the Governor and Council of New York were countenanced by Government; and one circumstance which contributed to this idea, was the difference in quit-rents, annually payable to the crown under New Hampshire; they were ninepence sterling on each hundred acres of land; in New York proposed Grants they would be two shillings and sixpence sterling per hundred acres; these measures contributed much towards hastening and bringing about the revolution of America; the consequence the Green Mountain Boys had acquired abroad, through those violent struggles, to preserve their property in the first instance, and then to protect themselves against the tyranny of the late colony of New York, will, in some measure, appear from Colonel Ethan Allen's being applied to immediately after the battle at Lexington, both by the Governor and Council of Connecticut, and a board of war at Water Town, near Boston, to take Ticonderoga, Crown Point, &c.
Hence, in the year 1774, to get rid of the colony of New York, a plan was formed by Colonel Allen, Mr. Amos Bird, and other principal characters among the people, in conjunction with Colonel Philip Skene, to have established a new royal colony, which was to contain the grants of New Hampshire, west of Connecticut River, and the country north of the Mohawk River, to latitude 45deg. north, and bounded west by Iroquois River and Lake Ontario.
Colonel Skene had been an officer in his Majesty's service, and had retired on a large patent of land lying at the south end of Lake Champlain, which was called Skenesboro'[11], a proper scite for the capital of the new colony, of which he was proposed to be Governor.
The honor and lucrative prospects thus presented to Colonel Skene, stimulated him to go to London at his own expence, to solicit the accomplishment of an important object to individuals, and to the public: for had he succeeded, the people who had settled under the royal grants of New Hampshire would have been quiet, and relieved from the oppressive conduct of the Governor and Council of the colony of New York.
Colonel Skene's first object, after his arrival in London, was to get himself appointed Governor of the garrisons of Ticonderoga and Crown Point, which being effected, his friends advised him that, to obtain the grand object in view, he should bring forward a petition from the people on the premises to the King and Privy Concil, stating, that in order to restore harmony in the said district, and for the convenience of administering justice in a department very remote and extensive, his Majesty would be pleased to establish the territory aforesaid, with colonial privileges, and appoint Colonel Philip Skene Governor thereof.
Information of these matters was transmitted from London to the people of the said district; but the calamity of an approaching war in America put an end to the proposed negociation for a royal colony, that was to surround that important water LAKE CHAMPLAIN.
The disputes between Great Britain and the American colonies had arose to such an height, that a congress convened in Philadelphia, September 5th, 1774, and recommended to the people to maintain their liberties in such ways as might be found necessary. In consequence all the courts of justice in the neighbouring colonies, that were held under royal authority, were either shut up or adjourned, without doing business. In March, 1775, an attempt was made to hold a court of justice at Westminster, in the county of Cumberland, which was prevented by the people, who had early taken possession of the Court-house, and the Judges were refused entrance at the usual hour when the Courts were opened; therefore, they and the officers of the Court retired, until about eleven o'clock at night, when they returned, and were again refused admittance; whereupon they fired into the house, and killed one man and wounded several. This inflamed the minds of the people to an high degree, who next day flocked from every part of the county; a coroner's inquest sat on the body, and brought in a verdict that the man was wilfully murdered by the Court party, some of whom they seized, and sent to Northampton gaol in Massachusetts, but who were released on application to the Chief Justice of New York. The committees, exasperated at this event, met at Westminster the following month, from a large number of towns, and came to the following resolutions:
"That it is the duty of the inhabitants, wholly to renounce and resist the administration of the government of New York, until such time as the lives and property of the inhabitants may be secured by it, or until such time as they can have an opportunity to lay their grievances before His Most Gracious Majesty in council, together with a proper remonstrance against the unjustifiable conduct of that government; with an humble petition to be taken out of so oppressive a jurisdiction, and either annexed to some other government, or erected and incorporated into a new one, as may appear best for the inhabitants."
The animosity which subsisted between the two parties of New York, and the New Hampshire grants, partially gave way before greater events, which involved the colonies in a war of eight years, and terminated in the acknowledgement of American independence.
The battle of Lexington, which happened on the 19th of April, 1775, threw the whole continent into a ferment, and preparations were every where making for opposition to the unjust claims of the British cabinet. The Governor and Council of Connecticut immediately sent Major Halsey and Noah Phelps, Esquires, to the New Hampshire Grants, requesting Colonel Allen to raise the Green Mountain Boys, and to go and take the garrisons of Ticonderoga and Crown point; so consequential were the Vermonteers, that an application for offensive operations came at the same time from different colonies. Colonel Allen forthwith advertised his principal officers to meet him at Bennington, where they met, and in council of war it was resolved, that a secret and forced march should be undertaken without delay against those garrisons, in order to take them by surprize. This measure was necessary, as Ticonderoga was a strong and well fortified garrison, and well supplied with cannon, though not strongly manned in time of peace.
Colonel Allen had only small arms without bayonets; he, by the assistance of his officers, soon raised about 180 men, and having set guards on different roads, he marched and arrived with his troops nearly opposite to Fort Ticondaroga, on the night between the 7th and 8th of May, 1775: There he was joined by Colonel Benedict Arnold with only one man, who were sent by order of a council of war from Water Town, near Boston, to Colonel Allen, for the same purpose as Halsey and Phelps were from Connecticut. He produced his orders, and attempted to take the command, which Colonel Allen and his officers did not permit. At length, after considerable altercation, Colonel Arnold was admitted as second in command, and to enter the garrison with Colonel Allen, at his left hand. All possible dispatch was then made to cross the lake, about a mile in an oblique direction; they could find only very small boats: but with them, by passing and repassing, they got over about 80 men by the dawn of day, when Colonel Allen ordered an immediate attack on the garrison, which consisted of nearly an equal number of men, as he apprehended danger of being discovered by the approaching morning light, if he waited for the remainder of his men to join him. It being a peacable time, a wicket gate was left open wide enough for two men to pass a-breast; when Colonels Allen and Arnold approached, the out sentinel attempted to fire, but his gun did not go off; he turned and run through the wicket gate, and Allen and Arnold rushed in after him, and their men followed them. As soon as they were within the garrison, Allen made a pass with his sword at the sentinel, who defended himself with his musket, but received a slight wound on his head. On this the assailants made an hideous yell in imitation of the Indians, then demanded an immediate surrender of the garrison. Captain De la Place, Commandant of the garrison, appeared in his shirt at the head of one pair of stairs, which were outside leading to the parade; there Colonel Allen met him. De la Place demanded to know by what authority he (Colonel Allen) required the surrender of the garrison? Colonel Allen answered, in the name of the Great Jehovah, and the Continental Congress! The garrison was immediately surrendered, without firing a gun. The remainder of Colonel Allen's men having crossed the lake, a party was sent by water, as soon as possible, to Crown Point, under the command of Captain Warner; previous to this, Colonel Allen had sent orders to Captain Baker, of Onion River, forty miles north of Crown point, to come with his company and assist; (and though belated) yet he met and took two small boats on their way, to give the alarm to Fort St. John. Captain Warner and Baker appeared before Crown Point, nearly at the same time; the garrison having only few men surrendered without opposition. In the mean time Colonel Arnold, with the best water crafts that could be found, proceeded with all possible speed, with a small detachment of men to Fort St. John's, in order to take a sloop of war with 16 guns, which he effected by surprize, and brought her away.
Colonel Allen having made proper regulations respecting the garrisons and prisoners at Ticondaroga, set off with 60 men for Fort St. John's, and met Colonel Arnold with his prize; he proceeded on, and arrived there in the evening, and was informed that 150 British troops were on their way from Montreal, and would be at St John's by break of day. This news induced Colonel Allen and his officers to attempt to maintain their ground; in the night they formed an ambuscade for the party coming against them, but he and his men having had no rest for three days and nights, and being weighed down by fatigue and sleep, they raised the ambush and crossed the lake, taking all the boats away with them. Early next morning, Captain Amstruser arrived at St. John's, and fired some Field-pieces, and shot at Colonel Allen's men, who answered with bullets from their muskets, then returned to Crown Point and Ticondaroga, without having a man killed or much hurt. Thus, in a few days, at the commencement of hostilities between the British and the Americans, two hundred undisciplined men, with small arms, without a single bayonet, made themselves masters of the garrisons of Ticondaroga, Crown Point, and St. Johns, a sloop of war of 16 guns, about eighty prisoners, near 300 pieces of cannon, shot, shells, &c. &c. so that the stone which the builders rejected, became the head of the corner, to the honour of the Green Mountain Boys. It is to be remembered, that this was the first offensive part taken against Great Britain in the American revolution. Those troops of Colonel Allen kept possession of the two former garrisons, until Colonel Benjamin Hinman's regiment from Connecticut arrived, and by order of congress relieved them. The prisoners were sent to Hartford in Connecticut.
In June, 1775, Mr. Brook Watson[12], a British Merchant, with two young noblesse of Canada, arrived at Crown Point with passports from the continental congress, directing the commanding officer to give them a passage over the lake into Canada. The officers and men belonging to Colonel Hinman's regiment were not acquainted with the lake and country; therefore, Lieutenant Ira Allen, and some Green Mountain Boys, undertook to carry those gentlemen over the province line, to some settlements in Lower Canada. Having almost reached the south line of Canada, Lieutenant Allen was convinced, in his own mind, that Mr. Watson (although he professed to be) was no friend to the American cause, notwithstanding his papers from the President of Congress, and his public and fair speeches at Crown Point; and apprehending danger from some Indians near the Canada line, (who might not understand or respect the flags of truce) gave his men orders to prime their guns, and to be ready for defence, at which Mr. Watson and the two Frenchmen objected, and attempted to seize their pistols to prevent obedience to the orders, but they were soon silenced, and let their pistols rest. Mr. Watson and the two Frenchmen were landed in a swamp three miles from any house, with instructions to follow the lake shore, until they came to a Frenchman's house. The boat departed, leaving Mr. Watson to his choice.
After the arrival of Colonel Hinman, Captain Baker took the command of a scout to discover the movements of the British troops at the isle Aux Noix. He cautiously landed at the bottom of a bay four miles above that island, in the silent watch of the night, there secured his boat, and in the morning went with his men on a point of land, whence he could see the said island and the lake for some distance. Baker being a curious marksman, always kept his musket in the best order possible, sat down and sharpened his flint; a party of Indians having discovered his boat, took and set off with it towards Fort St. John's. Baker saw them approaching the point of land where he was, he stationed his men behind trees, and when the Indians came near he hailed them, and desired them to give up his boat in a friendly manner, as there was no war between the Indians and Americans. Baker had ordered his men to be concealed and ready, but not to fire on the Indians unless he did; the Indians shewed no signs of giving up the boat, whereupon Baker ordered them to return his boat, or he would fire upon them. An Indian in the boat was preparing to fire on Baker, who attempted to fire before hand with him, but his musket missed fire, owing to the sharpness of his flint, which hitched on the steel; he recovered his piece, and again levelled it at the Indian, at which Instant the Indian fired at him, one buck shot entered his brains, and Baker fell dead on the spot. His men fired on the Indians, and wounded some, but the boat was soon out of gunshot. Afterwards the Indians returned and cut off Baker's head, then carried it in triumph to St. John's, where the British officers bought and buried it; the body was likewise interred. Captain Baker was the first man killed in the northern department, and being a gentleman universally respected, his death made more noise in the country than the loss of a thousand men towards the end of the American war.
The district of the New Hampshire grants furnished a regiment for the northern army, under the command of General Philip Schuyler, who left the army at the Isle Aux Noix, and the command devolved on Brigadier-General Richard Montgomery. Soon after the blockade of Fort St. John's and the capture of Fort Chamblee by Colonel John Brown, (where the Americans found a considerable quantity of gun-powder, which, with the cannon, mortars, shells, and shot, taken at Ticondaroga and Crown Point, they used in the forty-eight days siege of St. John's.) Colonels Allen, Brown, and Warner were sent by General Montgomery into Canada, with small detachments, to learn the disposition of the Canadians, and the strength of Montreal. They met on the east side of the river St. Lawrence, opposite Montreal, where, in council, it was agreed to attack that town. Boats being scarce, it was agreed, that Colonel Allen, with his party, should cross at Longuale, below Montreal, and Colonels Brown and Warner were to cross from Laprairie, above the town. The night for crossing was agreed on, and being nine miles distant from one another, they agreed, upon principles of honour, that if any event should hinder either party crossing at the hour appointed, early notice should be given to the other. The night proved windy, and Brown and Warner judged it dangerous to attempt crossing the river, and went quietly to rest, without sending any express to Colonel Allen, who apprehended no danger from the wind, therefore crossed the river with his men, at different times, in the few small boats he had in his possession. The conduct of Brown and Warner is hard to be accounted for, on any principles honourable to themselves. We are informed by sacred writ that the disciples of Jesus Christ disputed among themselves who should be the greatest. In the morning the British troops and militia of Montreal marched against Colonel Allen, who had chose the best ground for defence, and put his men in order for battle, expecting Brown and Warner every moment to his relief. The action commenced, and continued obstinate for a considerable time, but Brown and Warner not appearing, and Captain Young, with a number of Canadians, deserting, Colonel Allen and his small party, were overpowered, and obliged to surrender themselves prisoners of war, on verbal stipulations with an officer, a natural son of Sir William Johnson, to whom Colonel Allen gave his sword. As soon as he had parted with his sword and musket, two Indians, painted in a frightful manner, came up, and attempted to tomahawk Colonel Allen, who, being a stout and strong man, seized the young coloured officer, a small man, and kept him as a target between himself and the Indians, which served for a defence till some British officers ran to his relief.
In this action numbers were killed and wounded on both sides. After the prisoners were conducted into Montreal, General Prescot gave orders to a serjeant and file of men to put to death some Canadians who had been taken in arms with Colonel Allen; they forthwith went, with their bayonets fixed, to execute the Canadians, according to the cowardly order of their General. Colonel Allen, understanding their business, stepped between them and the Canadians, opened his bosom, and told the guard to thrust their bayonets into his breast, if they must shed human blood, and thereby save those poor Canadians, who deserved no censure, as what they had done was in obedience to his orders. The guard were deterred, and returned to their General, whose orders were re-considered[13]. The regiment of Vermonters, commanded by Colonel Warner, was stationed at La Prairie and Longuale, during the siege of St. John's; their duty was severe, as they were daily exposed to the attacks from the British at Montreal, therefore two companies of New York troops were sent to reinforce them. General Carleton was busy in sending out boats to alarm Colonel Warner's party, and shot were daily exchanged between them near Longuale.
On this ground, Warner made several applications to General Montgomery, for some field-pieces, without success; at length the officers united in a petition for two field-pieces; fortunately they were sent, and arrived late in the evening. The next day General Carleton appeared with a large number of boats and men, with a view to land, march, and raise the siege of St. John's. Captain Potter was sent, with his company, nearly opposite to Grant's Island, where he arrived in time to prevent a party of Indians landing, and, after a smart skirmish, remained master of the ground, they retiring, with the loss of three prisoners, and four killed on the spot.
In the mean time a party of the enemy, in boats, took the advantage of the wind and current, and fell down against the town, where they expected to make good their landing, but were disappointed by a company of reserve, who marched down to the edge of the river before their two field pieces, where they opened to the right and left, and discharged grape shot upon the boats, which caused the enemy to believe a reinforcement had arrived, and, thus deceived, they gave Colonel Warner a victory over more than double his number of troops. Next morning Captain Heman Allen was sent with dispatches, and the three prisoners, to General Montgomery, who, after receiving them, sent a flag to Major Preston, Commandant at St. John's, and an account of the defeat of General Carleton, with the name of one of the prisoners, a man of consequence. Major Preston returned the flag, requesting a cessation of hostilities, and that the prisoner named might be permitted, on his parole of honour, to come into the garrison, and stay two hours.
The requests were granted, and the articles of capitulation were settled without further blood-shed. The garrison, consisting of about six hundred men, who surrendered prisoners of war, were almost destitute of provisions.
General Montgomery having ordered a gun-boat, with one nine-pounder in its bow, and other boats with field-pieces to Sorel, marched his army against Montreal. General Carleton, therefore, evacuated that city; his troops and a quantity of gunpowder were placed in eleven small vessels, which sailed for Quebec, but before they reached Sorel, a battery was erected there by the Americans, and two cannons mounted; besides, the gun boat from St. John's had arrived in the River St. Lawrence. Doctor Jonas Fay wrote a spirited letter, demanding an immediate surrender of the fleet, without any demolition of the stores, stating also, that he was strongly posted at Sorel; Colonel James Easton signed the letter, and the writer was the bearer with the flag. General Carleton seeing the battery and gun-boat, and a large number of troops on the shores, stopped the fleet, and returned the flag, with an answer to Colonel Easton. By this time Colonel Brown had arrived, who, with Dr. Fay, went on board the fleet with a second flag, and a truce was concluded on till next morning. In the night, however, General Carleton put himself into a small birch canoe, and, being covered with straw, was carried past Sorel by a Canadian, who for this service, was allowed a pension of [[sterling]]82 sterling per annum during life. After this escape, the General proceeded on to Quebec with less danger, where he arrived safe. Next day the fleet was surrendered, and sent back to Montreal, where General Prescot, with the British troops, grounded their arms, and became prisoners of war. The Americans who were in the battery at Sorel, and on board the gun-boat, did not exceed 80 men, while those of the enemy, who amounted to five times that number, with General Carleton at their head, were intimidated, and returned to Montreal, without much danger, either from the battery or gun-boat, as the wind and current favoured their descent. Thus after the surrender of Fort St. John's, General Montgomery made himself master of the fleet and Montreal, without firing a single shot.
Colonel Warner's regiment having served out the time for which they enlisted, were dismissed, and went home. General Montgomery, with his army, proceeded to Quebec, with intentions to take that garrison, where he reinforced a detachment from Massachusetts under Colonel Benedict Arnold, who set out from Cambridge, went to the province of Main, ascended the river Kenebeck, descended the Schedeure, and formed the blockade of Quebec, after many hardships from hunger and cold in traversing a wilderness of some hundred miles, in an inclement season; here he was joined by General Montgomery, who took the command. The united forces erected batteries, and about the eighth of December commenced a tremendous cannonade and bombardment against that fortress, until their powder, shot, and shells were nearly exhausted, when in a council of war, it was resolved to attempt to take the garrison by storm, though contrary to the opinion of the General. The assault was agreed on, and accordingly commenced before day-light in the morning of the first of January, 1776, and proved unsuccesful; the General was killed, and the assailants repulsed with loss of a considerable number of men. The command then devolved on Colonel Benedict Arnold, who had received a ball, under the walls of Quebec, in his leg; the seige was continued with perseverance, in this inhospitable and frozen clime, during the winter and spring, until the 6th of May following, under many and complicated discouragements. In this dilemma, the district of the New Hampshire Grants raised a second regiment under Colonel Warner, which marched to Quebec soon after the death of General Montgomery; the reinforcements which arrived from Montreal, and Colonel Warner's regiment, gave essential relief to the besieging army of a strong citadel.
On the 6th of May the siege was raised, in consequence of the arrival of a British fleet with considerable reinforcements, and the assailants were compelled to retreat from that place; the small-pox and a camp distemper raged in the army, which was in a bad state of health and spirits. General Thompson, and a detachment under his command, were defeated in an action, near Trois Rivieres, with considerable loss of killed, wounded, and prisoners. General Sullivan, on the whole, however, made a retreat that would have done honour to an officer of greater experience, being almost continually harrassed by the enemy; after many difficulties the army arrived at Crown Point in a deplorable state.
This disastrous retreat exposed the frontiers of the New Hampshire Grants to an invasive war; most of the inhabitants on Onion river and the shores of Champlain, north of Crown Point, instantly removed, and the militia was organized by the Convention of the New Hampshire Grants. The best possible measures for defence were taken, carefully guarding against all connections with the provincial Congress and Committees of New York. Several conferences were held among the leaders of the people, concerning the establishment of civil government; some were for returning and joining with New Hampshire, supposing that would secure the titles of their lands, notwithstanding the subsequent and illegal grants of the Governor of New York; others were disposed to form a new state, including all the district of the New Hampshire Grants west of Connecticut river, while some were for joining with New York during the war; this idea too much affected the property of the settlers. For the time being, as liberty was the reigning passion, they cordially united in self-defence and in the support of Congress, and accordingly, to evince their attachment to the general cause, met at Dorset in convention, Jan. 1776, and drew up a petition to Congress, and wich was the first application of the people to that body, stiled "The humble Petition, Address, and Remonstrance of that part of America, being situate south of Canada line, west of Connecticut river, commonly called and known by the name of the New Hampshire Grants," in which they avowed their readiness at all times to furnish their quota in support of the war, not only by raising troops, but by bearing an equal proportion with the other colonies, in defense of the rights and liberties of the American people. The Committee of Congress, to whom this application was referred, reported as their opinion, "that it be recommended to the Petitioners for the present, to submit to the Government of New York, and to assist their countrymen in the contest with Great Britain; but that such submission ought not to prejudice their right to any lands in controversy, or be construed to affirm or admit the jurisdiction of New York over the country, when the present troubles should be ended;[14]" however, to avoid a decision, it was thought advisable to withdraw the petition.
Colonel Allen being in captivity, Baker dead, Warner, Cockran, and others engaged in the army, greatly weakened the Council of the enterprizers of the New Hampshire Grants, and some months passed without any decisive measures being taken. The people had been governed by committees and conventions as before the war, with this difference, the dispute with the Governor and Council of New York seemed to be lost in the common cause of the struggling colonies of America; for those who had been outlawed and indicted for high treason, riots, and sedition against the authority of New York, passed freely, and without any kind of molestation through the colony of New York.
In the beginning of the year 1776, four of the leading men conferred on measures to be recommended to the people for the establishment of a civil Government, which appeared necessary effectually to carry on the war, raise men and money, and to secure the titles of the lands against the latent intentions of the Governor of New York: Those men differed in opinion about a plan, though all were convinced that their and the country's interest required a connection with New Hampshire, or an establishment of a new government; no one of them dreamed of ever associating with New York, whose late persecuting conduct and system of government, rendered that colony the most detestable of any on earth.
The arguments advanced in favour of a union with New Hampshire were, that as the jurisdiction of the New Hampshire Grants had been transferred from that colony through the misrepresentation of the Governor and Council of New York (contary to the interest and wish of the settlers, who held their lands under Royal deeds from New Hampshire,) a petition from the settlers to the Governor and Council of New Hampshire, praying them to extend their jurisdiction over them as formerly, notwithstanding the order of the King and Privy Council, would be granted, and the settlers would be gratified, and unite cordially in carrying on the war. That such a union would be highly satisfactory to the people of New England, whose children were settled on the grants, and many owned lands there under New Hampshire titles; and that this measure would secure all those who held lands under the grants of New Hampshire, and avoid a dispute with Congress respecting a new State, which the envy and intrigues of New York and the calamities of war might produce.
The arguments in favour of a new Government were, they did not like any connection with a colony, which, by act of a royal Governor, had too easily consented to part with territory, contrary to the interest and wishes of the people, and who might hereafter expose them to the evil intentions of the colony of New York. That by such a connection they should lose all the glory and credit they had gained in their exertions against the Governor and Council of New York. That a new Government would perpetuate the name of the Green Mountain Boys, and the honour of their leaders. That a new government would infallibly establish the title of their lands under the New Hampshire Grants; and that the unappropriated lands might be disposed of to defray the expences of Government and the war. That as a separate Government, in the couse of events, they might find ways and means to retaliate on the monopolists of New York, who had given them so much trouble in re-granting and claiming the lands they held and occupied under the grants of New Hampshire. That the active and offensive part taken at an early period of the war in taking Ticonderoga, Crown Point and St. John's, would make them consequential in the eyes of Congress, as friends to the American revolution. That notwithstanding the influence of New York might for a time prevent the new government from representation in Congress, yet it might not eventually hurt the interest of the people. That the district of the New Hampshire Grants, on revolutionary principles, was the oldest in America. That the people had governed themselves by Committees of Safety and Conventions, against the oppressions and tyranny of New York, eight years before the colonies of America took similar measures against Great Britain; of course the people ought to persevere and brave every danger that might be in the womb of futurity. The result of those deliberations was to establish a new Government; accordingly great care was taken to prepare the minds of the people for such an event, and to effect the important object; circular letters were sent to convene a Convention at Dorset, on the 24th of July, 1776; fortunately for these measures, Congress, on the 4th of the same month, made and published their declaration of independence of the colonies on Great Britain, declaring them to be free and independent states, which appeared, and was announced by the public papers to the people of the grants, a few days before the meeting of the Convention.
In this Convention thirty-five towns were represented, and consisted of fifty-one members, who unanimously were opposed to any connection with the Committees or provincial Congress of New York, and drew up an association for the support of the rights and liberties of the people, considering any who formed an association with the Congress of New York, as enemies to the common cause, which association was signed by all the members of the Convention, and sent to the several towns for signatures. -- The Convention appointed Heman Allen, Jonas Fay, and William Marsh to be a Committee to visit each town in the counties of Cumberland and Gloucester, to invite the people to unite in forming a new State, and for that purpose to send members to the Convention to be convened at Dorset, in September. -- The convention accordingly met, and were joined by several members from the aforementioned counties, when it was unanimously resolved, that the district of the New Hampshire Grants, ought, of right, to be a free and independent state; and that they had the same right to be, as Congress had to declare the colonies independent of the King and Parliament of Great Britain. They appointed William Marsh and Ira Allen their Committee to visit the counties of Cumberland and Gloucester, to point out to the people the advantages which would result from the district of the grants becoming a free state. They adjourned to meet at Westminster, in November, who met at the time and place aforesaid, and it appeared that great part of the people were ripe for a new state, but an obstacle appeared in the way, occasioned by the influence of the Congress of New York. The Convention continued Marsh and Allen their Committee, and adjourned to January, 1777.
The Representatives from the several towns on both sides of the mountain, met in January, at Westminster, and deliberately debated, for and against the formation of a new state. After mature deliberation, the members were of opinion, that the interest and safety of the people required the district of the New Hampshire Grants to be a free state. That the power of Government was vested in the people by the supreme arbiter of rights. That the people had not delegated their natural right of chusing what form of government they should be governed by, to any King, State, or Potentate on earth; and that they therefore had the right and power, and would henceforth use and exercise the right and power of government vested in them by the beneficent Creator. On the 15th of January, 1777, the Convention published the following declaration, "This Convention, whos members are duly chosen by the free voice of their Constituents, in the several towns on the New Hampshire Grants, in public meeting assembled, in our names, and in behalf of our Constituents, do hereby proclaim, and publicly declare, that the district of territory, comprehending, and usually known by the name and description of the New Hampshire Grants, of right ought to be, and is hereby declared, for ever hereafter to be considered as a free and independent jurisdiction or state; to be for ever hereafter called, known, and distinguished by the name of New Connecticut, and that the inhabitants that are at present, or that may hereafter become resident within said territory, shall be entitled to the same privileges, immunities, and enfranchisements, which are, or that mayu at any time hereafter be allowed to the inhabitants of any of the free and independent states of America; and that such privilege and immunities shall be regulated in a bill of rights, and by a form of government to be established at the next sessions of this Convention;" A Committee to inform Congress of this declaration, was appointed, and repaired to Philadelphia, consisting of four persons, who presented the following declaration and petition to that body, stiled
The Declaration and Petition
of the Inhabitants of the New Hampshire Grants, to Congress, announcing the District to be a Free and Independent State.
To the Honourable the CONTINENTAL CONGRESS
THE Declaration and Petition of that part of North America, situate south of Canada line, west of Connecticut river, north of the Massachusetts bay, and east of a twenty-mile line from Hudson's river, containing about one hundred and forty-four townships, of the contents of six miles square, each granted your petitioners by the authority of New Hampshire, besides several grants made by the authority of New York, and a quantity of vacant land, humbly sheweth,
"That your petitioners, by virtue of several grants made them by the authority aforesaid, have many years since, with their families, become actual settlers and inhabitants of the said described premises, by which it is now become a respectable frontier to three neighbouring states, and is of great importance to our common barrier Ticonderoga, as it has furnished the army there with much provisions, and can muster more than five thousand hardy soldiers, capable of bearing arms in defence of American liberty.
"That shortly after your petitioners began their settlements, a party of land-jobbers in the city and state of New York began to claim the lands, and took measures to have them declared to be within that jurisdiction.
"That on the 4th day of July, 1764, the King of Great Britain did pass an order in Council, extending the jurisdiction of the New York Government to Connecticut river, in consequence of a representation made by the late Lieutenant-Governor Colden; that for the convenience of trade, and administration of justice, the inhabitants were desirous of being annexed to that State.
"That on this alteration of jurisdiction, the said Lieutenant-Governor Colden did grant several tracts of land in the above described limits, to certain persons living in the state of New York, which were at that time in the actual possession of your petitioners; and under colour of the lawful authority of said State, did proceed against your petitioners, as lawless intruders upon the Crown lands in their province. This produced an application to the King of Great Britain, from your petitioners, setting forth their claims under the Government of New Hampshire, and the disturbance and interruption they had suffered from said post claimants, under New York. And on the 24th day of July, 1767, an order was passed at St. James's, prohibiting the Governors of New York, for the time being, from granting any part of the described premises, on pain of incurring his highest displeasure. Nevertheless the same Lieutenant Governor Colden, Governors Dunmore and Tryon, have each and every of them, in their respective turns of administration, presumed to violate the said royal order, by making several grants of the prohibited premises, and countenancing an actual invasion of your petitioners, by force of arms, to drive them off from their possessions.
"Those violent proceedings, (with the solemn declaration of the supreme court of New York, that the charters, conveyances, &c. of your petitioners' lands, were utterly null and void) on which they were founded, reduced your petitioners to the disagreeable necessity of taking up arms, as the only means left for the security of their possessions. The consequence of this step was the passing twelve acts of outlawry, by the legislature of New York, on the ninth day of March, 1774, which were not intended for the State in general, but only for the part of the counties of Albany and Charlotte, viz. such parts thereof as are covered by the New Hampshire charters.
"Your petitioners having had no representative in that assembly, when these acts were passed, they first came to the knowledge of them by public newspapers, in which they were inserted. By these, they were informed, that if three or more of them assembled together to oppose what said assembly called legal authority, that such as should be found assembled, to the number of three or more, should be adjudged felons: And that in case they, or any of them, should not surrender himself or themselves, to certain officers appointed for the purpose of securing them, after a warning of seventy days, that then it should be lawful for the respective Judges of the Supreme Court of the province of New York, to award execution of Death, the same as though he or they had been attainted before a proper Court of Judicatory. These laws were evidently calculated to intimidate your petitioners into a tame surrender of their rights, and such a state of vassalage, as would entail misery on their latest posterity.
"It appears to your petitioners then, an infringement on their rights is still meditated by the state of New York; as we find in their general Convention at Harlem, the second day of August last, it was unanimously voted 'That all quit-rents formerly due and owing to the crown of Great Britain within this State, are now due owing to this Convention, or such future government as may hereafter be established in this state.'
"By a submission to the claims of New York, your petitioners would be subjected to the payment of two shillings and sixpence sterling on every hundred acres annually, which, compared with the quit-rents of Levingston's, Phillip's, and Ranslear's manors, and many other enormous tracts in the best situations in the State, would lay the most disproportionate share of the public expence on your petitioners, in all respects the least able to bear it.
"The Convention of New York have now nearly completed a code of laws, for the future government of that State; which, should they be attempted to be put in execution, will subject your petitioners to the fatal necessity of opposing them by every means in their power.
"When the declaration of the honourable the Continental Congress of the fourth of July last past, reached your petitioners, they communicated it throughout the whole of their district; and being properly apprized of the proposed meeting, delegates from the several counties and towns in the district, described in the preamble to this petition, did meet at Westminster, in said district, and after several adjourments, for the purpose of forming themselves into a distinct and separate State, did make and publish a declaration, 'that they would at all times hereafter consider themselves as a free and independent State, capable of regulating their own internal police, in all and every respect whatsoever; and that the people in the said described district, have the sole exclusive right of governing themselves in such a manner and form, as they in their wisdom should choose; not repugnant to any resolves of the honourable the Continental Congress:' And for the mutual support of each other in the maintenance of the freedom and independence of the said district or separate State, the said delegates did jointly and severally pledge themselves to each other, by all the ties that are held sacred among men, and resolve and declare, that they were at all times ready, in conjunction with their brethren of the United States, to contribute their full proportion towards maintaining the present just war against the fleets and armies of Great Britain.
"To convey this declaration and resolution to your honourable body, the grand Representative of the United States, were we (your more immediate petitioners) delegated by the united and unanimous voice of the Representatives of the whole body of the settlers on the described premises, in whose name and behalf, We humbly pray, that the said declaration may be received, and the district described therein may be ranked by your Honours among the free and independent American States, and Delegates therefrom admitted to seats in the grand Continental Congress, and your Petitioners, as in duty bound shall ever pray.
15th Jan. 1777. New Hampshire Grants, Westminster,
Signed by order and in behalf of said inhabitants,
JONAS FAY. THOMAS CHITTENDEN. HEMAN ALLEN. REUBEN JONES."
Fay, Chittenden, Allen, and Jones, returned from Congress, without the decision of that body upon their petition in behalf of the inhabitants, and brought with them Doctor Young's letter, printed and published at Philadelphia, addressed to the Inhabitants of Vermont,[15] and among others were these paragraphs:
"I have taken the minds of several leading members in the honourable the Continental Congress, and can assure you, that you have nothing to do but to send attested copies of the recommendation to take up Government to every township in your district, and choose members for a General Convention, to meet at an early day, to choose delegates for the General Congress, a Committee of Safety, and to form a Constitution for your State. Your friends here tell me, that some are in doubt, whether delegates from your district would be admitted into Congress; I tell you to organize fairly, and make the experiment, and I will ensure you success, at the risk of my reputation as a man of honour of common sense; indeed, they can by no means refuse you; you have as good a right to choose how you will be governed, and by whom, as they had."
Previous to this, and a few days after the declaration of the independence of the State of Vermont, the Convention of the State of New York was then sitting; alarmed at the consequences which might result from such a measure, their President, by order of the Committee of Safety, wrote to Congress, Jan. 20th 1777, thus:
"I am directed by the Committee of Safety of New York, to inform Congress, that by the arts and influence of certain designing men, a part of this State hath been prevailed on to revolt, and disavow the authority of its legislature. The various evidences and informations we have received would lead us to believe that persons of great influence in some of our sister States have fostered and fomented these divisions. But as these informations tend to accuse some members of your honourable body, of being concerned in this scheme, decency obliges us to suspend our belief. The Convention are sorry to observe, that by conferring a commission upon Colonel Warner, with authority to name the officers of a regiment, to be raised independently of the legislature of this State, and within that part of it, which hath lately declared an independence upon it, Congress hath given but too much weight to the insinuations of those, who pretend that your honourable body are determined to support these insurgents; especially, as this Colonel Warner, hath been constantly and invariably opposed to the legislature of this State, and hath been, on that very account, proclaimed an outlaw by the late government thereof. It is absolutely necessary to recall the commissions given to Colonel Warner, and the officers under him, as nothing else will do justice to us, and convince those deluded people, that Congress have not been prevailed on to assist in dismembering a State, which of all others, has suffered the most in the common cause.[16]"
The Convention of New York, on the 1st of March following, again attempted to engage Congress to take up the matter, well knowing that the people of Vermont were daily becoming more formidable against the State of New York, and that they, by being permitted to exercise the functions of Government, would soon form a regular body, and be lost to that State. In this the Convention of New York represent, that they depend upon the justice of that honourable house, to adopt every wise and salutary expedient, to suppress the mischiefs which must ensue to that State and to the general confederacy, from the unjust and pernicious projects of such of the inhabitants of New York, as merely from selfish and interested motives, have fomented the dangerous insurrection: That Congress might be assured that the spirit of defection, notwithstanding all the arts and violence of the seducers, was by no means general: That the county of Gloucester, and a very great part of Cumberland, and Charlotte counties, continued steadfast in their allegiance to the Government of New York; and that there was not the least probability that Colonel Warner could raise such a number of men, as would be an object of public concern[17]. The publications and interest which many persons seemed to take in behalf of the State, was viewed with no less indignation than regret by the Convention of New York, and on the 28th of May, the Council of Safety of that State directed their President again to write to Congress, complaining to that body that they had reasons to conclude that numbers of their body were concerned in an attempt to dismember the State, "however unwilling we may be to entertain suspicions so disrespectful to any members of Congress, yet the truth is, that no inconsiderable numbers of the people of this State do beleive the report to be well founded;" from this it appears that Vermont had a considerable number of friends in Congress, notwithstanding the unfavourable resolutions on their declaration and petition of the 15th of January, 1777, which was taken up by Congress on the motion of a member from New York, who laid before that body, on the 23d of June, the publication of Dr. Young to the Inhabitants of Vermont; and on the 30th of the same month passed the following resolves:
"Resolved, That Congress is composed of delegates chosen by, and representing the communities respectively inhabiting the territories of New Hampshire, Massachusetts Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, as they respectively stood at the time of its first institution; that it was instituted for the purpose of securing and defending the communities aforesaid, against the usurpations, oppressions, and hostile invasions of Great Britain; and therefore, it cannot be intended that Congress, by any of its proceedings, would do, or recommend, or countenance, any thing injurious to the rights and jurisdiction of the several communities, which it represents.
"Resolved, That the independent Government attempted to be established by the people, stiling themselves inhabitants of the New Hampshire Grants, can derive no countenance or justification from the act of Congress, declaring the united colonies to be independent of the crown of Great Britain, nor from any other act or resolution of Congress.
"Resolved, that the petition of Jonas Fay, Thomas Chittenden, Heman Allen, and Reuben Jones, in the name and behalf of the people, stiling themselves as aforesaid, praying that 'their declaration, that they would consider themselves as a free and independent State, may be received; that the district in the said petition described, may be ranked among the free and independent States; and that delegates therefrom may be admitted to seats in Congress,' be dismissed.
"Resolved, That Congress, by raising and officering the regiment, commanded by Colonel Warner, never meant to give any encouragement to the claim of the people aforesaid, to be considered as an independent State; but that the reason which induced Congress to form that corps, was, that many officers of different States, who had served in Canada, and alledged that they could soon raise a regiment, but were then unprovided for, might be reinstated in the service of the United States."
Having recited the paragraphs on the letter from Thomas Young, which have been quoted, they next resolve, "That the contents of the said paragraphs are derogatory to the honour of Congress, are a gross misrepresentation of the resolution of Congress therein referred to, and tend to deceive and mislead the people to whom they are addressed."
Soon after the return of the Commissioners from Congress, Ira Allen printed and published a pamphlet, shewing the right the people had to form a Government, which, with Dr. Young's Letter, were spread through the State, and measu