page 59 HISTORY OF ADDISON COUNTY

OPPOSITION WEST OF THE MOUNTAINT--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 cricis, 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

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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 hind 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 indicted, (as rioters) at the expense of our lives and fortunes."

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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 ALLAN, 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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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, COCERAN, 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."

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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 commissionors 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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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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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, a hedging 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 occurred 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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as stated in a former page, were in a negotiation with the governor and council, which resulted in the conciliatory measure, by then 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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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."*

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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 these 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

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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 filed on, he would "most cheerfully build a court house or other buildings, which may be thought requisite."

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