DEFENCE AT ALBANY, MILITIA ORDERED OUT. Benjamin Gardner for Pownal, Jehiel were indicted as rioters; but the officers Hawley for Arlington, Benjamin Purdy sent to apprehend them "were seized by for Manchester, Thomas Barney for Sun- the people," says a writer of that period, derland, and Benjamin Colvin for Shafts-" and severely chastised with twigs of the bury. In the meantime, the government wilderness." of New York continued to make grants, and actions of ejectment against the settlers continued to be brought in the court at Albany; and Ethan Allen, afterwards so distinguished, first coming to reside in the grants about this time, undertook the defence of the New Hampshire grantees in the actions brought against them. He proceeded to New Hampshire, procured the necessary documents from the colonial government there, engaged the services of Mr. Ingersoll, an eminent lawyer in Connecticut, and in June, 1770, they appeared before the court at Albany, and the trial of Josiah Carpenter, of Shaftsbury, came on. The counsel for the defendant produced to the court the documents above mentioned, among which were the charter of the township and the defendant's deed from the original proprietors. But these were immediately set aside by the court, on the alleged ground that the New Hampshire grants were illegal, and a verdict was readily obtained against the defendant. At this period, and for sometime afterwards, one of the most efficient supporters of the authority of New York was John Munro, who was proprietor of a patent under that province, lying upon White Creek, and extending into what is called Shaftsbury Hollow. He held the office of justice of peace for the county of Albany, and resided on his patent near the west line of Shaftsbury. He had about him a number of tenants and dependants, and by his boldness and energy of character was very troublesome to the New Hampshire grantees. By his assistance, the sheriff of Albany county surprised and arrested Silas Robinson in Bennington, early in the morning of the 29th of November, 1770, and succeeded in conveying him to Albany, where he was imprisoned. At the January term of the court in 1771 he was indicted as a rioter, and kept in jail till October, when he was liberated on bail. Simeon Hathaway, Moses Scott, and Jonathan Fisk were also indicted, but none of them were arrested. Two other cases being tried with like results, no further defence was made be- Whenever the sheriff appeared upon fore the court. And it is related that the grants for the purpose of arresting before Allen left Albany, he was called rioters, or ejecting the settlers, he was upon by the attorney general and some sure to be met by a party larger than his others, who told him that the cause of the own, fully determined to frustrate his obsettlers was desperate, and urged him to ject. Being required to serve a writ of go home, and persuade his Green Moun- ejectment on James Breckenridge, the tain friends to make the best terms they sheriff, by order of the governor, called to could with their new landlords, remind his assistance a posse of 750 armed miliing him of the proverb that might often tia. The settlers having timely knowl prevails against right. Allen coolly re-edge of his approach, assembled to the plied to them, that the gods of the callies are not the gods of the hills; and when asked by Kemp, the King's attorney, to explain his meaning, he only added, that if he would accompany him to Bennington, the sense would be made clear. nuinber of about 300, and arranged their plans to resist him. An officer with 18 men was placed in the house,-120 men behind trees near the road by which the sheriff must advance, and the remainder were concealed behind a ridge of land within gun shot of the house; and the forcing the door by the sheriff was to be made known to those concealed without by raising a red flag at the top of the chimney. When the news of the proceedings at Albany reached the grants, it created loud murmurs of discontent among the people. A convention of the settlers was held at Bennington, in which it was "Resolved, to support their rights and When the sheriff approached all were property which they possessed under the silent, and he and his men were comNew Hampshire grants, against the usur- pletely within the ambuscade before they pation and unjust claims of the governor discovered their situation. Mr. Ten Eyck, and council of New York, BY FORCE, as the sheriff, went to the door, demanded law and justice were denied them." Hav-entrance as sheriff of the county of Albaing thus appealed to the last arbiter of ny, and threatened, on refusal, to force disputes, their resolution was followed by it. The answer from within was, a spirited and determined resistance of tempt it, and you are a dead man.' the authority of New York, in conse- repeating his demand, with a threat of quence of which several of the settlers using force, he received for a second an "at On DECREES OF CONVENTION. MILITARY ASSOCIATION. BAKER TAKEN. swer-hideous groans; and at the same | in defiance of the New Hampshire gran- Remember Baker, and Robert Cochran, justice of the peace, upon this issued a Alexander McNaughton, a New York warrant for the apprehension of the perthe same time wrote to the governor of sons above mentioned as rioters, but at New York that their situation among the mountains was such that no sheriff or constable could take them; and recommended that a reward be offered for their apprehension. Accordingly, on the 27th of November, the governor, by advice of his council, put forth a proclamation, offering a reward of £20 each for the apprehension of Cochran, Allen, Baker, and the six others. The New York claimants finding that the militia of Albany county could not be relied upon to act against the settlers, they now sought to accomplish their object by other means. able offers of titles under New York to By making favorsome prominent individuals on the grants, by conferring offices on others, and by encouraging persons from New York to settle upon the unoccupied lands which had been granted by New Hampshire, they hoped to divide the people, and render the New York interest predominant. To thwart these plans of their enemies, committees of safety were organized in the several towns, and a convention of the settlers on the grants was assembled, which decreed, among other things, that ny county came to Rupert with the govIn February, 1772, the sheriff of Albano officer from New York should be al-ernor's proclamation, but did not succeed lowed, without permission of the commit-in taking any of the persons concerned in tee of safety, to carry any person out of the district of the New Hampshire grants, and that no surveys should be made, nor lines run, nor settlements made under New York, within the same. The violation of this decree was to be punished at the discretion of a court formed by the committees of safety or elders of the people. At the same time the civil officers were to be allowed to exercise their proper functions in collecting debts and other matters not connected with the controversy. To carry out these measures, and be in readiness in case of emergency, a military association was formed, of which Ethan Allen was appointed Colonel Commandant; and Seth Warner, Remember Baker, Robert Cochran, Gideon Warner, and some others, were appointed Captains. Under these, the people of the grants armed, and occasionally met for military exercise and discipline. Of this organization Gov. Tryon was apprized early in 1772, by a letter from John Munro, in which he says: "The rioters have established a company at Bennington, commanded by Capt. Warner, and on new year's day his company was reviewed, and continued all day in military exercise and firing at marks." In pursuance of the New York policy before mentioned, settlements were made in the western parts of Rupert and Pawlet by persons who had armed themselves the alleged riotous proceedings. On his return, he reported to the governor that the rioters had retired, but from the conduct of those at home, not concerned in the riot, "he found the greatest appearance of a determined resolution not to submit to the government, and this he found partciularly verified by the conduct of eight or nine, who were armed with guns and clubs, in which manner they came to the house of one Harmon near Indian river, where he then was, and what they intended." from their conduct it plainly appeared York justice already mentioned, moved Shortly after this John Munro, the New by the hope of the reward and the desire of notoriety, resolved to attempt the capture of one of the most prominent of the rioters. Having assembled ten or twelve of his friends and dependants, on the 22d of March, 1772, before daylight, being Sunday morning, he proceeded to the house of Remember Baker in Arlington for the purpose of arresting him. Baker was awakened by the breaking open of his door, and the entrance of a number of men armed with swords and pistols. The intruders rushed upon him with savage fury, wounding him by a cut across the head, wife too was barbarously wounded by a and also on the arm, with a sword. His sword cut across the head and neck, and one of his boys also, then about 12 years old. Baker being overpowered and bound BAKER RESCUED. was thrown into a sleigh and conveyed off with the greatest speed towards Albany. The news of this transaction being sent by express to Bennington, ten men immediately mounted their horses for the purpose of intercepting the banditti and rescuing Baker. They came upon Munro and his party just before they reached the Hudson river, who on the first appearance of their pursuers abandoned their prisoner and fled. Baker was found nearly exhausted by his sufferings and the loss of blood. Having refreshed him and dressed his wounds, they carried him home to the no small joy of his friends and the whole settlement. PREPARATIONS TO MEET GOV. TRYON. report was at first credited and produced some alarm. The committees of safety and military officers met in convention and after a full consideration of their situation, finally resolved that "it was their duty to oppose governor Tryon and his troops to the utmost of their power." Their resolution being thus taken, they next began to make preparations for an effectual resistance. Two cannon and a mortar, with powder and ball, were obtained from Hoosic fort and there was a general rally of the militia in Bennington and the neighboring towns. In order to ensure an effectual resistance, it was concluded to place some of their best marksmen at the narrow passes along the road An account of this transaction was af- from Albany to Bennington, for the purterwards sent to the governor of New pose of shooting down the officers of the York by Munro, in which he represents invaders as they advanced and producing the conflict at Baker's house as very des- disorder and dismay among their troops. perate, and says "he has reason to be In the mean time a trusty person was disthankful to Divine Providence for the pres- patched to Albany to ascertain the numervation of his life and that of his party." ber, the movements and designs of the He says further that he should have suc-enemy and take note of their officers so as ceeded in carrying Baker to Albany, "if to be able to distinguish them again. This he could have had ten men, who would have taken arms and obeyed his orders; but that they all ran into the woods when they ought to have resisted." Shortly after this attack upon Baker, Munro made an attempt to arrest Seth Warner. Warner with a single friend was riding on horse-back in the vicinity of Munro's residence, and, being met by Munro and several of his dependants, a conversation ensued, in the midst of which Munro suddenly seized the bridle of Warner's horse and commanded the bystanders to aid in arresting him. Warner after vainly urging him to desist, struck Munro over the head with a dull cutlass and levelled him to the ground. Munro, though stunned and disabled for the time, received no permanent injury, and the spectators manifesting no disposition to interfere, Warner was permitted to proceed without further molestation. messenger shortly returned with the joyful intelligence that the troops were windbound in the river below Albany, and that they had no designs upon the Grants, but were destined for the military posts on the lakes and thus were the settlers relieved from the necessity of putting their plans and their valor to the test. During the preparations above-mentioned several persons on the Grants, who were in the New York interest, judging it unsafe for them to remain, fled to New York, and by their representations and by the intelligence received from Munro, governor Tryon seems to have been impressed with the difficulty of subjugating the settlers on the Grants, by force, and to have determined to try what could be done by negotiation. He accordingly wrote to the Rev. Mr. Dewey and the inhabitants of Bennington and the adjacent country, and, after censuring them The repeated aggressions of this kind for their illegal acts and expressing a aroused the settlers to a determination to strong desire to do them justice, he invimaintain their ground at all hazards, and ted them to lay before him their grievanto expel every person who should be found ces and causes of complaint, and engaged upon the grants under the auspices of the full security and protection to any persons N. Y. claimants. In this exasperated state they might send to New York on that busiof public feeling,news was received atBen-ness, excepting Allen, Warner and three nington that Gov. Tryon was ascending the others.* North river with a body of troops, for the purpose of subduing and chastising the refractory Green Mountain Boys* This It was about this time that the settlers of the New Hampshire Grants began to be called Green Mountain Boys. The name was first applied to the military but was soon extended to the settlers in general. Governor Tryon's letter was dated at New York, May 19th 1772. On the 5th of June, two answers were returned, one signed by a committee appointed for that purpose by the inhabitants of Bennington and vicinity, and consisting of Mr. Dewey *This letter may be found in Slades Yt. State Papers, page 22. CORRESPONDENCE WITH GOV. TRYON. and others; and the other by the persons excepted in the governor's letter. In these they proceed to show the legality of their titles to their lands under the grants of New Hampshire, and that their proceedings, which had been declared to be disorderly and riotous, were necessary and justifiable in defending themselves and property against the machinations of base and sordid land-jobbers, and express an earnest wish that His Excellency would assist to quiet them in their possessions "till His Majesty, in his royal wisdom shall be graciously pleased to settle the controversy." These communications were forwarded by Capt. Stephen Fay and his son Mr. Jonas Fay, who were appointed agents on the part of the settlers of the New Hampshire Grants to deliver them to the governor of New York. They were kindly received by His Excellency and laid before the council. The council after mature deliberation reported favorably, and recommended that His Excellency afford all the relief in his power, by suspending till His Majesty's pleasure should be known, all prosecutions in behalf of the crown, on account of crimes with which the settlers stood charged, and recommend that the owners of disputed lands, claimed under New York titles, should suspend, during the same period, all civil suits concerning the same. This report of the council was approved by the governor and was immediately communicated to the people of the Grants, by their agents. PROCEEDINGS AT OTTER CREEK, and a numerous concourse of the inhabitants of the adjacent country and other spectators, gave a full and unanimous vote in favor of the papers aforesaid; and the thanks of the people were presented to us for our diligence in procuring these papers. Peace was also recommended on the whole New Hampshire Grants, by all who were present; when the whole artillery of Bennington, with the small arms were several times discharged in honor of the governor and council of New York.Health to the king-Health to governor Tryon-Health to the council of New York-Universal peace and plenty, liberty and prosperity, by sundry respectable gentlemen, some of whom were from neighboring provinces. STEPHEN FAY, During these transactions at New York, intelligence was brought to Bennington that Mr. Kockburn, a noted surveyor in the employment of New York claimants, was engaged in laying out land in some of the northern townships. Ethan Allen collected a small party, went in pursuit of the surveyor, overtook him, broke his instruments and made him prisoner. He was brought to Castleton, tried and sentenced to banishment, and was to suffer death if caught within the Grants, but at this juncture hearing of the success of the mission to New York, they rescinded their harsh sentence, and dismissed the surveyor. During this expedition, Allen's party disWhen intelligence of this result reachpossessed the tenants of an intruder at the ed Bennington, it diffused universal joy lower falls on Otter Creek, where Vergennes through the settlement. The rememnow stands. The lands here had been grantbrance of their former griefs and suffered by New Hampshire in 1761, and a settleings, was, for the moment, swept away ment commenced under said grant, and a in the overflowing enthusiasm for gover- saw-mill erected as early as 1769. Shortnor Tryon. On the 15th of July, 1772, the ly after, Col. Reed, claining under a subcommittee which had replied to the letter sequent grant from New York, forcibly of the governor of New York, together drove off the New Hampshire settlers and with a vast concourse of people, assembled put his own tenants in possession. They at the meeting-house in Bennington, and had extended the settlement, erected sevtheir agents then laid before them the re-eral log-houses and a grist-mill. These sults of their mission to New York. The manner in which it was received may be best understood from the report, made by these agents shortly after to governor Tryon. "We, as messengers, laid before the above committee an extract of the minutes of His Majesty's Council of the province of New York of the 2d instant, together with His Excellency governor Tryon's letter of the same date, directed to the inhabitants of Bennington, &c. and after reading the same, the above committee These may be found in Slade's Vt. State Papers, page 24 and 25. were in turn ordered off by Allen, their houses burnt, their mill-stones broken by being thrown over the falls, and Pangborn, the New Hampshire proprietor, again put in possession of his saw-mill. reached governor Tryon, who, on the Intelligence of these transactions soon 11th of August, 1772, addressed a letter of sharp rebuke to the inhabitants of the Grants and required them forthwith to put Col. Reed's tenants "into re-posses *This document may be found in the 11th No. of the Historical Readings, published in the State Banner of July 20, 1841, and was copied from the original on file at Albany. CHAP. 2. COMMUNICATION TO GOV. TRYON. COL. REED'S TENANTS DISPOSSESSED. sion of their lands and tenements." On preceding section, induced a number of the reception of this letter, the commit- Scotch emigrants, who had lately arrived tees of the several towns assembled at at New York, to accompany him to Otter Manchester, and on the 27th of August a Creek for the purpose of re-possessing the bold and decisive, but conciliatory answer property which he claimed there. On was prepared, in which they contended, their arrival the New Hampshire settlers that there was no breach of faith on their were a second time compelled to abandon part, because none was plighted till af- the place, and Col. Reed, having repairter those transactions, when on the 15th ed the grist-mill and re-instated the mill of July, the proposition of governor Tryon stones by means of hooping them, left was accepted, and that the aggressors were the Scotchmen, with orders to keep posthe New York claimants, who had under-session and continue the improvements. Intelligence of these transactions soon taken to survey and take possession of the disputed domain, declaring unequivocally reached Bennington, whereupon Ethan their determination neither to break arti- Allen, Seth Warner, Remember Baker, cles of public faith, insult governmental and a number of others immediately proauthority, nor abandon their property to ceeded to the place for the purpose of the mercy of New York land-jobbers. again dispossessing the New York intruThey, moreover, declined restoring Col. ders and restoring the rightful owners. Reed's tenants their possessions, not They compelled the miller to break the doubting that when His Excellency came mill-stone into small pieces with a sledge to understand that they were really in and throw them down the falls, and comtruders, he would approve their conduct.* manded them not to repair the mill again To the above-mentioned communication" on pain of suffering the displeasure of an answer from the governor was re- the Green Mountain Boys." The Scotch spectfully requested, but it does not appear settlers, who had not removed their famthat he saw fit to comply; and this abor-ilies from New York, on hearing the native attempt at reconciliation seems only ture of the controversy, declared they had to have widened the breach and increased the animosity between the parties. New York now resorted to the expedient of appointing several prominent settlers to office for the purpose of buying them over to their interests. To counteract these designs and to provide for an effectual resistance to the Yorkers, a convention was assembled at Manchester, on the 21st of October, 1772, which,among other things, decreed that no person on the Grants should accept or hold any office under the authority of New York: "and all civil and military officers, who had acted under the authority of New York were required to suspend their functions on the pain of being viewed." It was also decreed "that no person should take grants, or confirmation of grants, under the government of New York." been deceived, and abandoning all claim to the lands, retired, and afterwards settled on the Mohawk river. To prevent a recurrence of these scenes, Allen and his party caused a small blockhouse to be erected at the falls, which was garrisoned by a few men and subsequently afforded full protection to these settlements against the "Yorkers." At this period the rich lands on the Winooski, or Onion river, were attracting much attention, and several persons in and about Bennington, and others in Connecticut, had made purchases there under New Hampshire titles; and there is a tradition that the intelligence of Col. Reed's second intrusion was conveyed to Bennington by Ira Allen, who returning from exploring those lands preparatory to a settlement, and arriving at the falls on Otter Creek on a dark and stormy evening, sought shelter and refreshment at the settlement there, whichwas then the most northerly on the west side of the mountains. He knocked at the door and instead of being met by his friends, who had been re-instated by the Green Mountain Boys, as mentioned in the preceding section, was met by the thrust of a sword in the hand of some person within, which luckily did him no inIn July, 1773, Col. Reed, whose ten-jury. After making known his condition ants had been dispossessed at the lower falls on Otter Creek, as mentioned in the Punishment for the infraction of these decrees was left to the discretion of the court, except that it must not be capital for the first offence. SECTION IV. Controversy with New York from 1773 to For Gov. Tryon's letter and the reply, see Slade's Allen's History of Vermont. Pr. II. 4 he was admitted but to his surprize he found the place in possession of a number of Scotchmen. Here he passed the night and then proceeded to Bennington with the intelligence. |