HISTORY OF ADDISON COUNTY.
CHAPTER VI.
OPPOSITION WEST
OF THE MOUNTAIN -- NEGOTIATIONS WITH THE INHABITANTS OF BENNINGTON -- AFFAIR AT WALLOOMSIC -- CAPTURE
AND TRIAL OF HOUGH -- COL. REED'S CLAIM -- CAPTAIN WOOSTER'S GRANT -- DUNMORE'S GRANT.
WHILE
a considerable portion
of the settlers on the east side of the mountain, seemed thus inclined to submit
to the claims of New York, and accept confirmations of their charters, nearly
all on the west side refused to take such confirmations under the governors proclamation,
with "a quit rent of half a crown or two and sixpence sterling," for each hundred
acres, and with the exhorbitant fees of the governor and other officers concerned
in completing the titles, which it is said, amounted to one or two thousand dollars
for each charter. And the controversy with New York was transferred from the governor
of New Hampshire, to the claimants under his grants. These chose, rather than
submit to the terms required, and pay for their charters a second time, under
less favorable conditions, to defend the titles they had in such way as they must;
and accordingly made their preparations for that purpose. They proceeded to organize
the several towns and appointed the requisite officers, and so far as their circumstances
allowed, adopted the laws of New Hampshire; but, being without any established
government or law, where their peculiar circumstances required, they became "a
law unto themselves." To be the better prepared for the impending crisis, the
several towns west of the mountains appointed committees of safety, and these
occasionally met in convention, to consult for the general defence. For this purpose
they organized a military force, "of which ETHAN ALLEN
was appointed Colonel Commandant, and SETH WARNER,
REMEMBRANCE BAKER, ROBERT
COCKRAN and others were appointed captains." Under these
leaders every able
60
HISTORY OF ADDISON COUNTY.
bodied
man stood ready, when called on, to enter the service. Thus organized they waged
an exterminating war against all settlers, under a New York title, on lands
which were claimed under a New Hampshire grant, and against all persons acting
officially within the territory, under the laws of the former state. All rights
and powers, claimed under the authority of that State were denied and resisted.
If surveyors were sent to survey lands granted under that authority, they were
met by a competent force and expelled from the territory. If justices of the
peace, or constables living in the territory, who had taken office under the
government of New York, attempted to discharge their several duties, or otherwise
interested themselves in favor of that government, the leaders with a competent
force visited and arrested them, and having administered sufficient punishment,
banished them from the territory. If any man, claiming title under that State
settled himself down in his hut on lands claimed by the "Green Mountain Boys,"
they appeared on the ground, and, if he hesitated to relinquish his claim, leveled
his cabin to the ground, desolated his land and crops, and left him and his
family, houseless and destitute, to seek a shelter where else he might. No sheriff
or other officer was permitted to serve process from the courts of Albany. If
by any means writs of ejectment had been served, as was the case in the early
state of the contest, and judgments obtained in the courts at Albany, or if
any of the active agents, in defence of their claims, had been indicted as rioters,
and the sheriff had been sent, with the posse comitatus, to execute the
writs of possession, or arrest the rioters, he was set at defiance by a superior
force and prevented from serving his process. The inhabitants called out from
the neighboring towns in New York, to constitute a posse, were too little
inclined to use force against the Green Mountain Boys, to be relied on, and
generally fled before they came to close quarters and left the sheriff, with
his few friends from Albany to fight the battles. At a general meeting of the
committees at Arlington, in March 1774, it was, among other things, resolved,
"That as a country, we will stand by and defend our friends and neighbors so
inclined, (as rioters) at the expense of our lives and fortunes."
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HISTORY OF ADDISON COUNTY.
The claimants under New Hampshire, were not permitted, in the Courts of New York,
to give their grants in evidence in defence of their claims. The Green Mountain
Boys therefore, decided to make no further defence there, but to defend themselves,
as they might, by force. Whenever the leaders chose to give their proceedings
the forms of law, they established a court among themselves, and constituted themselves
the triers, as well as complainants and executive officers, and passed and executed
their own sentence.
While these proceedings were going on in the "New Hampshire Grants," the friends of
New York were constantly plying the governor and council and legislature of that
State for relief by complaints, petitions and remonstrances, accompanied with
affidavits to sustain them, while the government looked on with amazement and
were puzzled to find means adequate for a remedy. The "Bennington Mob," as they
were called, had not only inspired the "Yorkers" in the territory with terror
and dismay, but satisfied the New York government, that the means within their
control were insufficient to meet the force brought against them. On the 19th
of May, 1772, Governor TRYON of New York wrote a letter
to Rev. WILLIAM DEWEY, minister of
Bennington, and other inhabitants of that place and vicinity, inviting them to
lay before the government "the causes of their illegal proceedings," and requesting
them to appoint Mr. DEWEY and certain others, as agents
to lay their grievances before the governor and council, and giving assurance
of "full protection to any persons they should choose," "except ROBERT
COCHRAN, as also ALLEN, BAKER
and SEVIL, mentioned in his proclamation of the 9th of December
last, and SETH WARNER, whose audacious
behavior to a civil magistrate has subjected him to the penalties of the laws
of his country."
STEPHEN
FAY and his son Dr. JONAS FAY
were appointed agents, and by them was sent a general answer to Gov. TRYON'S
letter, dated June 5, 1772, explaining the grounds of their grievances,
signed by Mr. DEWEY and others; and of the same date a more
detailed reply, in explanation of their proceedings, signed by ETHAN
ALLEN, SETH WARNER,
REMEMBRANCE BAKER and ROBERT
COCHRAN. These letters were laid by the governor before
the council and refer-
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HISTORY OF ADDISON COUNTY.
red to a committee,
who recommended that the governor "should afford the inhabitants of those townships
all the relief in his power, by suspending, until his Majesty's pleasure should
be known, all prosecutions in behalf of the crown, on account of the crimes
with which they stand charged by the depositions before us, and to recommend
to the owners of the contested lands, under grants of this province, to put
a stop during the same period to all civil suits concerning the lands in question."
This recommendation was adopted by the council, and when communicated, through
the agents, to the people of Bennington and vicinity, was received with enthusiasm
and accepted by them as entirely satisfactory. But this promise of peace was
soon disturbed and the controversy was renewed and prosecuted as fiercely as
ever.
The governor of New York, with the advice of the council, issued one proclamation
after another, offering large rewards for the apprehension of ALLEN,
BAKER, WARNER, COCHRAN,
and other rioters to no purpose. To as little purpose the legislature passed severe
resolutions; and on the 9th of March, 1774, a law, which, for its savageness,
has no superior in the legislation of any civilized community. Referring to the
riots which had taken place in the counties of Albany and Charlotte, by certain
of the leaders, naming ETHAN ALLEN
and others, it enacts, among other provisions, that "as often as either of the
above named persons, or any other person shall be indicted in either of the counties
aforesaid, for any offence perpetrated after the passing of this act, made capital
by this or any other law," the governor is authorized "to make his order in council,
requiring and commanding such offender or offenders to surrender themselves respectively,
within the space of seventy days next after the first publication thereof," "to
one of his Majesty's justices of the peace for either of said counties respectively,
who are hereby required to commit them without bail or mainprize," to the jail
in New York or Albany. "And in case the said offenders shall not respectively
surrender themselves pursuant to such order," "he or they shall from the day to
be appointed for his or their surrendry, as aforesaid, be adjudged and deemed
to be convicted and attainted of felony, by verdict and judgment without benefit
of clergy."
63
HISTORY OF ADDISON COUNTY.
Governor
TRYON had before that, on the 31st of August, 1773, called
on Gen. HALDIMAND, commander of the British forces, for
a sufficient number of regular troops to quell the riots, and afterwards, September
1, 1774, a similar application was made to Gen. GAGE,
both of which were declined. Application was also made to the home government
for regular troops and declined.
The first open and forcible collision, arising out of this controversy, subsequent
to the occurrence of the Hoosick patent, as mentioned above, occurred on the Walloomsic
patent. This patent was granted to JAMES DELANCY,
GERARDUS STUYVESANT and others, July
15, 1739, about ten years previous to the first charter granted by New Hampshire,
and was the field on which Bennington battle was fought, August 16, 1777. The
charters of Bennington and Shaftsbury covered a part of this tract, and the farm
of James Breckenridge was laid on this interfering territory. "Commissioners and
a surveyor were appointed to make partition of certain lots," on this tract, "for
the more effectual collecting of his Majesty's quit rents." Lieut. Governor COLDEN
in his proclamation of December 12, 1769, states that "the said commissioners,
being employed in surveying the said lots, were on the 19th day of October last
past, interrupted and opposed by a number of armed men, tumultuously and riotously
assembled for the declared purpose of preventing the said partition, who by open
force compelled the commissioners and surveyor to desist from their survey, and
by insults and menaces, so intimidated the said commissioners, that, apprehensive
for the safety of their persons, they found it necessary to relinquish any further
attempt to perform their trust," and represents "that JAMES
BRECKENRIDGE, JEDIDIAH DUE,
SAMUEL ROBINSON and three others were
among the principal authors and actors in the said riot," and commands and requires
the sheriff of Albany to apprehend and commit "the before named rioters and offenders,"
and if necessary to take the posse comitatus. BRECKENRIDGE
and ROBINSON, in their affidavit, deny that they resisted
the surveyor, but say "a few more people assembled, a few of which had guns;"
that they "forbid their running, for we held our lands by our New Hampshire charters,''
"and if they run,
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HISTORY OF ADDISON COUNTY.
they must run it as disputed lands." Whatever the facts were, the commissioners
and surveyor quit the premises.
Actions of ejectment were soon after commenced against BRECKENRIDGE
and eight others, whose land had been granted to reduced officers and others,
and at the succeeding term of the circuit court at Albany, judgments were obtained
against him and three others. It is said "that BRECKENRIDGE
made no defence, being within twenty miles of Hudson's River;" but more probably
because his land was included in the Walloomsic patent, granted prior to the charter
of Bennington.
From the result of these legal proceedings, "It was hoped that the riotous spirit would
subside," and commissioners were again sent to make partition of the patent, who
made complaint, that "on the 20th of September they were again opposed and prevented
from effecting said partition by a riotous and tumultuous body of men," "among
whom was SILAS ROBINSON," and three
others named. And thereupon Governor DUNMORE issued a new
proclamation for the apprehension of the rioters. The sheriff afterwards reported,
that in obedience to the proclamation, he had arrested SILAS
ROBINSON, one of the rioters; and thereupon the governor
and council made an order directing the attorney general to prosecute him. He
was afterwards bailed but never tried.
The following case, among numerous others which we might record, will illustrate the
character of the proceedings of the "Green Mountain Boys," or at least show how
they were regarded and represented by the "Yorkers." BENJAMIN
HOUGH, who represented himself as an "Anabaptist preacher
of the gospel," resided in Socialborough, a New York town on Otter Creek, embracing
the whole or a part of each of the towns of Clarendon and Rutland, had accepted
a commission of justice of the peace, and was an active friend of New York. In
March, 1775, he preferred his petition to Governor TRYON,
stating his sufferings, and praying for relief, accompanied by his own affidavit,
and those of other persons to sustain his petition. In his own affidavit he states,
among other things, "that he was attacked by about thirty persons, a number of
whom were armed with firelocks, swords and hatchets,
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HISTORY OF ADDISON COUNTY.
was seized
and carried a prisoner to Sunderland," where he was kept in custody until they
sent to Bennington "for ETHAN ALLEN
and SETH WARNER ;" that on the 30th
day of January 1775, "the rioters appointed a court for the trial of this deponent,
which consisted of the following persons, to wit: ETHAN
ALLEN, ROBERT COCHRAN"
and four others, "and they being seated, ordered this deponent to be brought
before them;" "that ETHAN ALLEN
laid the three following accusations to the charge of this deponent, to wit:
1. This deponent had complained to the government of New York of their (the
rioters) mobbing and injuring BENJAMIN SPENCER
and others: 2. That the deponent had dissuaded and discouraged the people from
joining the mob in their proceedings; and 3rdly, That the deponent had taken
a commission of the peace under the government of New York, and exercised his
office, as a magistrate in the County of Charlotte, alledging that this deponent
well knew, that they (the mob) did not allow of any magistrate there;" that
the judges having consulted together for some time, ETHAN
ALLEN pronounced the following sentence, which he read
from a paper, which he held in his hand, to wit: "'that he should be tied up
to a tree and receive two hundred lashes, on the naked back, and then, as soon
as he should be able, should depart the New Hampshire Grants, and not return
again, upon pain of five hundred lashes." After the execution of this sentence,
ALLEN and WARNER gave a certificate,
that he had "received a full punishment for his crimes," and the inhabitants
were directed to give him "a free and unmolested passport toward the city of
New York," "he behaving as becometh."
But not to trespass further upon the province of State history, in detailing the incidents
of this controversy, we add only a few, which occured within the limits of the
County.
Colonel REID, of a Royal Highland regiment, had received from the
government of New York a grant of land, as a reduced, or half pay officer, on
Otter Creek, including the falls at Vergennes, whose tenants had been dispossessed,
in August 1772, by IRA ALLEN and others.
This occurred, while the agents, who had been appointed by the inhabitants of
Bennington, at the request of Governor TRYON,
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HISTORY OF ADDISON COUNTY.
as stated
in a former page, were in a negotiation with the governor and council, which
resulted in the conciliatory measure by them adopted. This proceeding, when
it came to the knowledge of Governor TRYON, so irritated
him that he wrote a severe letter to the "inhabitants of Bennington and the
adjacent country," charging them with a "breach of faith and honor, made by
a body of your people in dispossessing several settlers on Otter Creek," at
the very time the negotiations were going on, and requiring their "assistance
in putting forthwith those families, who have been dispossessed, into re-possession
of the lands and tenements."
The following is the substance of the answer of the committees of "Bennington, and
the adjacent country" to this letter, signed by ETHAN ALLEN,
clerk; on the 25th of August 1772, in explanation of the proceedings complained
of. The people, having noticed, that "Mr. COCKBURN, a noted
surveyor," had taken "a tour to the northerly parts of the New Hampshire Grants,"
(on Onion River) "to survey and make locations on lands," which had been granted
by New Hampshire, "rallied a small party and pursued and overtook him and his
party, and in their pursuit, passed the towns of Panton and New Haven, near the
mouth of Otter Creek, dispossessed Col. REID of a saw mill
in said Panton, which by force,"and without right, "he had taken from the original
owners more than three years before, and did, at the same time, extend his force,
terrors and threats into the town of New Haven," "who so terrified the inhabitants,
(which were about twelve in number) that they left their possessions and farms
to the conquerors, and escaped with the skin of their teeth." "Col. REID,
at the same time, and with the same force, did take possession of one hundred
and thirty saw logs, and fourteen thousand feet of pine boards," and converted
them to their own use. In 1769, a man by the name of PANGBORN,
built there a saw mill, and a few claimants under the New Hampshire grant, were
in possession of the lands in that year. After they were driven off, REID'S
men built a grist mill. The committees also deny, that there was any breach of
faith, as the result of the negotiations between Governor TRYON
and the delegates from Bennington was not known at the time, and the agents
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HISTORY OF ADDISON COUNTY.
were not
authorized to complete any arrangements, so as to be binding on the people of
the Grants, until ratified by them. They also promptly refused to obey the governor's
requisition to afford assistance in restoring Col. REID'S
men to the possession of the lands. And thus ended the result of the negotiations
for conciliatory measures between the parties in 1772.
The latter part of June, or the fore part of July 1773, Col. REID,
engaged several Scotch immigrants, lately arrived at New York, to settle on his
lands, of which he had been dispossessed, as above mentioned, and went with them
to Otter Creek. On entering upon the lands, they found several persons settled
on them, claiming title under the New Hampshire charters. One of them was JOSHUA
HYDE, who afterwards removed to Middlebury, and settled
in the south part of that town. Col. REID, in some way,
got rid of these tenants, and entered into possession of the mill and lands claimed
by him. The Green Mountain Boys, learning this fact, ALLEN,
WARNER and BAKER, with a strong force,
consisting, as represented by the Scotch tenants, of more than one hundred men
well armed, marched for Otter Creek, and on the 11th day of August, appeared on
the ground, drove off the Scotchmen, burnt their houses and other buildings, tore
down the mill, which, it was said, Col. REID had lately
built, broke the mill stones in pieces and threw them down the falls. JOHN
CAMERON, one of the Scotch tenants, in his affidavit, as
to the manner in which they went into possession under Col. REID,
states, "That the persons" (the tenants in possession) "did agree voluntarily,
to remove from Col. REID's land, till the King's pleasure
should be known, provided Col. REID would purchase their
whole crops then on the ground, that they might not lose their labor, which Col.
REID consented to, and paid them the full value for it accordingly."
The affidavit also states, "That the deponent was much surprised to see, among
the rioters, JOSHUA HYDE, one of the
three men, who had entered into a written obligation with Col. REID,
not to return again, and to whom Col. REID, on that account,
had paid a sum of money for his crops." *
----------
* Mr. THOMPSON, in his history of Vermont, in stating this transaction,
says nothing about the voluntary removal of the New Hampshire claimants, and a
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HISTORY OF ADDISON COUNTY.
A tract of "three thousand acres of land on the east bank of Lake Champlain, within
a mile and a quarter of the fort there, "was granted under the great seal of the
Province of New York," to DAVID WOOSTER,
** of New haven, in the Colony of Connecticut, Esquire, being a captain on half
pay, reduced from His Majesty's fifty-first regiment." This tract was in the north
part of Addison and probably extended into a part of Panton. In his deposition
laid before the governor and council, dated February 20, 1773, he states, among
other things, that "on visiting those lands*** he found five families, which had
then lately settled," "some of them, pretending to have no right at all, promised
to leave said lands. The others the deponent then served ejectments on, which
issued out of the inferior court of common pleas of Albany. Whereupon they also
submitted, and desired the deponent to give them leases of part of said lands,
which this deponent consented to; gave them permission to remain on the lands,
acknowledging him to be their landlord, until it was convenient for him to return
and give them leases in form." He states also, "that in the month of September
preceding, he went to his lands in order to give leases to the settlers," and
"that upon the deponent's arrival on his lands, the settlers thereon and others,
collected together in a body, about thirteen in number; when the deponent offered
those who had settled on his
----------
promise not to return on being paid for their crops, but says,
"On their arrival, the New Hampshire settlers were a second time compelled to
abandon the place. Rev. Dr. MERRILL, in preparing his history
of Middlebury, obtained from HYDE'S family, after his decease,
also a different account of the manner in which he was dispossessed of his farm.
This states, that he was arrested and made his escape, and sent back word to Col.
REID, that, if he was allowed to depart in peace, he would
never come back to his land, and soon after sold it, and the purchaser took possession.
HYDE, on his way to Connecticut after his expulsion, met
ALLEN'S company at Sudbury and returned with him.
**This Captain DAVID WOOSTER, at the
commencement of the revolutionary war was appointed by the legislature of Connecticut
a major general of the troops of that State. Being at home in New Haven in April,
1777, when the British troops came up the sound and burned the town of Danbury,
he volunteered and joined the troops suddenly raised to oppose them, and while
rallying the troops under his command, received a mortal wound, of which he soon
died.
***
This first visit was in 1767 or 1768.
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HISTORY OF ADDISON COUNTY.
lands, leases, which they absolutely refused to accept, on any terms whatever;
but declared that they would support themselves there by force of arms, and
that they would spill their blood before they would leave the said lands." Whereupon,
"being well armed with pistols," he "proceeded to serve two declarations in
ejectment on two principal ringleaders," "notwithstanding they continued their
firelocks presented against him during the whole time; that after the deponent
had served the said ejectments, they declared with one voice, that they would
not attend any court in the Province of New York, nor would be concluded
by any law of New York respecting their lands."
Among
other grants by New York, within the present limits of Addison county, a
considerable tract of land was granted or reserved to the Earl of Dunmore, who
was governor of that State in 1770 and 1771, embracing, as it appears by an ancient
map, the town of Leicester and at least a part of Salisbury, from Otter Creek
to the Green Mountains, and including the lake which still bears his name. On
the borders of this beautiful lake, and in the midst of the romantic scenery which
surrounds it, a large establishment has been recently built, as a retreat for
the accommodation of summer visitors, and for the resort of pleasure parties at
other seasons, by an incorporated association, chiefly under the superintendance
of the late EDWARD D. BARBER, Esq.
The establishment has since been purchased by a company of southern gentlemen,
who are still enlarging and ornamenting it, intending to make it a summer residence
for themselves and a large number of others.
While
the question was pending in 1772, as to the location of the public buildings
for the county of Charlotte, Lord DUNMORE'S land was proposed
for that purpose, especially for the reason that it was as central at that time
as the state of the population would allow, and because it was near Crown Point,
where military aid could be obtained to quell riots of the disaffected, if necessary.
Lord DUNMORE offered, that if his lands were fixed on, he
would "most cheerfully build a court house or other buildings; which may be thought
requisite.''