CHAPTER V.

[27]Doc. Hist. N. Y.vol. iv. pp. 331, 332.

[28]Williams'sHist. of Vt.vol. ii. pp. 12, 13.

[29]Doc. Hist. N. Y.vol. iv. p. 332.

[30]Ibid.p. 333.

[31]Doc. Hist. N. Y.vol. iv. p. 353.

[32]Slade'sState Papers, p. 62.

[33]State Papers, p. 20.

[34]The fees to the governor of New Hampshire for granting a township were about $100. Under the government of New York, they generally amounted to $2,000, or $2,600. Williams'sHist. Vt.vol. ii. p. 9.

[35]Governor Moore sneers at him as "a driver of an ox-cart for the sutlers."Doc. Hist.N. Y.

[36]Thompson'sVermont, part ii. p. 21.

[37]Slade'sState Papers, p. 21.

[38]Doc. Hist. N. Y.vol. iv. p. 422.

[39]Thompson'sVermont, part ii. p. 22.

[40]Thompson'sVermont, p. 22.

A military force was organized, of which Ethan Allen was colonel commandant, and his active coadjutors, Warner, Baker, Cockran, Sunderland, and others, were captains. Of the name which they assumed, and which Vermonters are always proud to bear, Ira Allen says: "The governor of New York had threatened to drive the military (his opponents) into the Green Mountains, from which circumstance they took the name of Green Mountain Boys."[41]

The necessities of backwoods life accustomed every man of this force to the use of the musket, the long smooth-bore, or the rifle, and most were expert marksmen with any of these weapons, while many, from ranger service in the late war, were accomplished bush-fighters. Inured to hardship and toil, they could not but be enduring, and, to face the dangers that ever beset the pioneer, they must be brave. Rough but kindly and honest backwoods yeomen, they were of the same spirit, as they were of the same race and generation, as the men who fought at Lexington and Bunker Hill.

They were occasionally mustered for practice and drill. Esquire Munro informed Governor Tryon in 1772 that the company in Bennington, commanded by John Warner,[42]was on New Year's Day "received and continued all day fireing at marks," and again that "the Rioters had brought to Bennington two pieces of Cannon and a Mortar piece from the small Fort at East Hoseck with powder and Ball."

Ethan Allen was the chosen as well as the self-appointed leader of the people in their resistance to the claims of New York and its attempts to enforce them. Early in the controversy, he, with four of his brothers, came from Connecticut, and taking up lands under grants from New Hampshire in the southern part of the territory, west of the Green Mountains, very naturally espoused the cause of the New Hampshire grantees. His rude eloquence was of the sort to fire the hearts of the uncultivated backwoodsmen, whether he harangued them from the stump of a clearing, or, addressing a larger audience in the gray pages of his ill-printed pamphlets, he recited their wrongs and exhorted them to defend their rights. His interests and sympathy, his hearty good-fellowship and rough manners, though upon occasion he could assume the deportment of the fine gentleman, brought him into the most intimate relations with them; while his undoubted bravery, his commanding figure, and herculean strength set this rough-cast hero apart tothe chieftaincy which his self-asserting spirit was not slow to assume.

His brother Ira afterwards became a man of great note and influence in the young commonwealth, but was more distinguished for civil than military service, though he was a lieutenant in Warner's regiment, and afterward captain, colonel, and major-general of militia.

Seth Warner was of a commanding presence, "rising six feet in height, erect and well-proportioned, his countenance, attitude, and movements indicative of great strength and vigor of body and mind," says Daniel Chipman, who in his boyhood had often seen him.[43]But he was cast in a finer mould than was his more renowned compatriot, Ethan Allen. Modest and unassuming, he was no less brave, and with no lack of firmness, energy, and promptness to act, his bravery was tempered with a coolness, deliberation, and good judgment which made him a safe and trusted leader. He was no pamphleteer. In the public documents to which his name is appended with those of his associates, Allen's peculiar style is most apparent, yet his letters show that he could express himself with ease, clearness, and force. He too was of Connecticut birth, and removed with his father to Bennington in 1763, when he was twenty years of age. The abundant game of the region gave a first direction to his adventurous spirit, and he became a skillful hunter, expert in marksmanship and woodcraft. The samespirit presently led him to take an active part in the controversy respecting the Grants, and he soon took his place among the leaders of the opponents of New York. Remember Baker, the kinsman of both, was a native of Connecticut. He was killed early in the War of the Revolution while with the army invading Canada he was reconnoitring the enemy's position at St. John's. Ira Allen says: "He was a curious marksman, and always kept his musket in the best possible order," which was the cause of his death, for he had so over-nicely sharpened his flint that it caught, and prevented his firing so quickly as did the Indian who killed him. Robert Cockran was another of the border captains, and made himself particularly obnoxious to the government of New York by his active resistance to its encroachments. He served during the Revolution first in a Connecticut, then in a New York regiment, and rose to the rank of lieutenant-colonel.[44]Peleg Sunderland, who in peaceful times was a wood-ranger, hunting moose in the loneliest depths of the Wilderness and setting his beaver-traps on streams that were strange to the eyes of white men, was another leader of the Green Mountain Boys, prominent enough to suffer outlawry.

When, under the encouragement of the New York claimants, settlements were made on the western border of the Grants, though armed to defend themselves, the new-comers were driven away,their log-houses torn down and burned by Allen, Baker, Cockran, and six others. For their apprehension as rioters, warrants were thereupon issued. But the justice who issued them gave it as his opinion that no officer could arrest them, and recommended that a reward be offered to induce "some person of their own sort" to "artfully betray them." Accordingly Governor Tryon offered a reward of twenty pounds each for their apprehension.[45]Thereupon Allen, Baker, and Cockran issued a proclamation offering a reward of fifteen pounds and ten pounds respectively for the apprehension and delivery at the Catamount Tavern in Bennington of James Duane and John Kemp, two New York officials who were conspicuously active in pushing their claims to lands in the disputed territory. And one proclamation was as effective as the other.

However, some months later Esquire Munro was impelled to undertake the capture of Remember Baker at his home in Arlington, and in the early morning of March 22, 1772, with a dozen of his friends and dependents at his back, forcibly entered Baker's house. In the fray that ensued, Baker and his wife and boy were all severely wounded by sword-cuts, and he being overcome and bound was thrown into a sleigh and driven with all speed toward Albany. But the triumph of his captors was brief, for before reaching the Hudson they were overtaken by a rescue party that followed on horseback in swift pursuit upon the first alarm, and abandoningtheir bleeding and exhausted prisoner, they fled into the woods, and Baker, after being cared for by his friends, was triumphantly carried to his home. Munro also attempted the arrest of Seth Warner, who while riding with a friend was met by the squire and several adherents. Seizing the bridle of Warner's horse, Munro called on the others to aid him. When, in spite of all entreaty, he would not desist, Warner struck him to the ground with a blow from a dull cutlass delivered on his head, and went his way. The pugnacious squire had now had enough of the barren honors of his magistracy. "What can a justice do," he asks, "when the whole country combines against him?" and begs Governor Tryon to excuse his acting any longer. He gave his neighbors of the Green Mountains no further trouble, and in 1777 fled to the army of Burgoyne. His property was confiscated, and he was one of those who were forever proscribed by the Vermont act of February 26, 1779.[46]

The Green Mountain Boys were ready to resist more formidable attempts to bring them to submission. When news came to Bennington that Governor Tryon was ascending the Hudson with a considerable force to invade their territory, the Committee of Safety and the officers convened and resolved that it was "their duty to oppose Governor Tryon and his troops to the utmost of their power." Accordingly the fighting men of Bennington and the neighboring towns were assembled.The cannon, mortar, and ammunition were brought out. Sharpshooters were to ambuscade the narrow passes of the road by which Tryon's force must approach, and cripple the invaders by picking off his officer.

While this warlike preparation was in progress a messenger, who had been sent to Albany to gain information of the strength and intended march of the enemy, returned with the news that the troops, which were wind-bound somewhere below that town, were not coming to invade the Grants, but to garrison the lake forts. In fact, during this season of alarm, Governor Tryon was contemplating a milder policy than had so far been pursued, and presently dispatched a letter "to Rev. Mr. Dewy and the inhabitants of Bennington and the adjacent country on the east side of Hudson's River."

Though he censured their acts of violence, and warned them that a continuance of such acts would bring the "exertions of the Powers of Government" against them, and reasserted the claim of New York to the Connecticut as its eastern boundary, his tone was conciliatory, and he invited them to lay before his government the causes of their illegal proceedings, which should be examined with "deliberation and candor," and such relief given as the circumstances would justify. To accomplish this, such persons as they might choose to send to New York were promised safe conduct and protection, excepting Ethan Allen, Warner, Baker, Cockran, and Sevil. This was briefly replied to by thoseto whom it was addressed, and at more length by Allen, Warner, Baker, and Cockran.[47]In both replies the validity of the titles given by New Hampshire was maintained, and Allen and his associates declared their resistance had not been to the government of New York, but to land-jobbers and speculators who were endeavoring to deprive them of their property.

These were delivered by the settlers' appointed agents, Captain Stephen Fay and his son, and were laid before his council by Governor Tryon. Upon due consideration, the council recommended that all prosecutions in behalf of the crown, for crimes with which the settlers were charged, should be suspended till his Majesty's pleasure should be known, and that owners of contested lands under grants from New York should stop all civil suits concerning the same during the like period, and agree with the settlers for the purchase thereof on moderate terms, on condition that the inhabitants concerned in the late disorders should conform to the law of New York that settlers on both sides in the controversy should continue undisturbed, and such as had been dispossessed, or forced by threats or other means, to desert their farms, should in future enjoy their possessions unmolested.

This report was approved by the governor. When the agents, returning with it, laid it before the Committee of Safety and the people assembled in the meeting-house at Bennington, there wasgreat rejoicing over it. There was a universal expression of a desire for peace. The "whole artillery of Bennington, and the small arms," thundered and rattled salutes in honor of the governor and council of New York, and healths to the king, to Governor Tryon, and to the council were drunk "by sundry respectable Gentlemen."

Unfortunately for the continuance of this promising condition of affairs, news had come before the return of the agents that a surveyor employed by the New York claimants was surveying lands for them in some of the townships to the northward. Thereupon Ethan Allen, with a small party, went in pursuit of him, took him prisoner, and returned with him to Castleton, where he was tried and sentenced to banishment, under pain of death if again found within the limits of the Grants. Upon learning the favorable progress of the negotiations with New York, his judges revoked the rigorous decree and set him at liberty. Making the most of their time while in pursuit of the surveyor, Allen and his men halted at the First Falls of Otter Creek, in the present city of Vergennes, to dispossess the tenants of Colonel Reid, who had himself previously dispossessed persons who, under a New Hampshire grant issued in 1761, had settled there and built a sawmill. Allen's party drove the intruders away, burned their log-houses, and broke the stones of the gristmill Reid had built, and reëstablished the New Hampshire grantee in his sawmill.

Governor Tryon was soon informed of thesummary proceedings of the mountaineers, and in a letter dated August 11, 1772, he sharply reprimanded the people of the Grants for "so manifest a breach of public confidence," and, to "insure a continuance of his friendly intentions," required their assistance to reinstate in their possessions the persons who had been ejected. To this an answer was returned by the Committees of Safety of Bennington and ten other towns, in which they denied that any breach of faith had been committed in the seizure of the surveyor, or the dispossession of Reid's tenants, as at that time the proposals of Governor Tryon had not been accepted or even received, and asserted that not they but Reid and the surveyor who was acting for the land-jobbers were the aggressors, and they declined giving any aid in reinstating Reid's tenants in possession so unjustly obtained.[48]They respectfully asked a reply, but it does not appear that any was vouchsafed them, or that further advances were made by the government of New York.

Colonel John Reid, who had been lieutenant-colonel of the Forty-Second or Royal Highland Regiment, held to the purpose of maintaining his settlement on Otter Creek, and in the summer following he repaired thither with a company of his countrymen lately arrived in America. The New Hampshire settlers were again ousted, the gristmill was made serviceable by hooping the stones, and the Scotchmen were installed in their wilderness home,with orders to hold possession against all claimants. Ira Allen chanced soon after to come that way, at nightfall of a stormy day, on his return from an exploration of lands on the Winooski with a view to settlement there. The wet and weary traveler sought admittance at a log-house, whose cheerful firelight promised such welcome as had before been given him there. He was met instead by the savage thrust of a Highlander's skene dhu, delivered through the scarcely opened door, and was questioned, not in the familiar drawl of his compatriots, but in such broad Scotch dialect as unaccustomed ears could scarcely comprehend. He was grudgingly permitted to enter, and then discovered who his unwilling hosts were. He was given shelter for the night, and then went his way to Bennington with the news of this latest intrusion of the "Yorkers."

Ethan Allen and Seth Warner then mustered a force of sixty Green Mountain Boys, and set forth for Otter Creek. Arriving there after a march of four days, they at once set about dispossessing the Scotchmen and their families, burned their houses after their effects had been removed, and destroyed their corn by turning their horses loose in the fields. Allen's party was joined next morning by Remember Baker, with a force nearly as large, when they completed the work of destruction by tearing down the mill, breaking the millstones past all mending, and throwing the pieces into the river. With his sword Baker cut the bolt-cloth into pieces, whichhe distributed among his men to wear in their hats as cockades. When the sturdy miller, John Cameron, demanded by what authority or law he and his men committed such acts, Baker answered, "We live out of the bounds of the law," and, holding up his gun, said, "This is my law."[49]Cameron told him that with twenty good men he would have undertaken to defend his house and mill, though there were a hundred and ten of them, and was answered that he and his countrymen were all for the broadsword, but they were for bush fighting! Perhaps it was in admiration of his brave Scotch spirit that they offered him a gift of land if he would join them, an offer which he rejected, while it may be that Donald McIntosh, who had fought at Culloden and under Wolfe at Quebec, at least took the proposal into canny consideration, for his house was not molested, nor he forced to leave it.

Cameron deposed that he was informed some three weeks later by one Irwin, who lived on the east shore of the lake not far from Crown Point, that Baker and eight others had lain in wait a whole day near the mouth of Otter Creek, with the intention of murdering Colonel Reid and his boat's company on their way to Crown Point, and would have done so, had not Reid departed a day sooner than expected. The story seems unlikely, as theGreen Mountain Boys, who had come so far to enforce their laws of the green wood, could have had no means of gaining information of Colonel Reid's intended movements, even had they desired to take his life. They retaliated with hard and unrelenting hand the oppressive acts and the encroachments of New York, but never, though the opportunities were frequent and the chances of retribution few, did they, in all the course of this bitter feud, take the life of one of their opponents,[50]even when their leaders were outlawed and a price set upon their heads. Having destroyed six houses, the mill, and most of the growing and harvested crops, the "Bennington Mob" departed from the desolated settlement, Thompson says to build a block-house at the lower falls of the Winooski, to prevent the intrusion of New York claimants there, but it was not reported to the New York government that such fortifications had been built at that place and at Otter Creek till September of the next year.

The controversy engaged the attention of the British government in a direction favorable to the New Hampshire grantees, the Board of Trade, in a report to his Majesty's Privy Council, proposing measures[51]which, if carried out, would have confirmed the rights of settlers under the grants of New Hampshire.

It is worthy of notice that in this report theboard spoke with considerable severity of the conduct of the governor of New York in passing patents of confirmation of townships before granted by New Hampshire, and in granting other lands within the district, and in like manner called attention to the exorbitant fees exacted for grants by the governor, secretary, and surveyor of New York, which were more than double those established by an ordinance of 1710. Added to these were unauthorized fees taken by other officers, making "the whole amount of these fees upon a Grant of one thousand acres of Land in many instances not far short of the real value of the Fee Simple." It was in consideration of these emoluments, the board supposed, "that His Majesty's governors of New York have of late years taken upon themselves the most unwarrantable pretenses to elude the restrictions contained in His Majesty's Instructions with regard to the quantity of Land to be granted to any one person," by the insertion in one grant of numbers of fictitious or borrowed names, for the purpose of conveying to one person a grant of from twenty thousand to forty thousand acres. They recommended that his Majesty be advised to give the most positive instructions to the governor of New York that the granting of lands should be attended by no fees to the attorney-general, the receiver-general, or the auditor; and that neither the governor, the secretary, nor the surveyor-general should take any fees but those prescribed by the ordinance of 1710, which were greater than thosetaken by the same officers for similar service in any other colony.[52]

That portion of the report proposing a method of settling the dispute was transmitted by Lord Dartmouth to Governor Tryon, who in a lengthy reply set forth the impossibility of an adjustment upon the plan proposed.

No further conciliatory measures were proposed or entertained by either party in the quarrel, which after this brief respite grew more bitter. New York attempted to make herself friends in the grants by appointing some of the prominent settlers to office. To prevent the success of this policy, the Committees of Safety assembled in convention decreed that no inhabitant of the Grants should hold or accept any office of honor or profit under the government of New York, and all civil and military officers who had acted under the authority of that government were required to "suspend their functions on pain of being viewed." It was further decreed that no person should take grants or the confirmation of them under the government of New York. The punishment for violation of these decrees was to be discretionary with the court, except that for the first offense it must not be capital.[53]Banishment from the Grants was a frequent punishment, and as frequent was the application of the "beech seal." As may be imagined, when the spirit of the times and the roughcharacter of a backwoods community are considered, this was often inflicted with cruel severity. Yet it must be remembered in extenuation that the whipping-post was then a common adjunct of justice, and that, by the sentence of properly constituted courts, the scourge was mercilessly applied for the correction of very venial crimes.

The chastisement of offenders was sometimes more ridiculous than severe. A Dr. Adams of Arlington, who made himself obnoxious to the Green Mountain Boys by his persistent sympathy with their enemies, suffered at Bennington, according to his sentence, only the indignity of being suspended in an armchair for two hours beneath the famous Green Mountain Tavern sign, whereon stood the stuffed hide of a great panther, a tawny monster that grinned a menace to all intruders from the country of the hated "Yorkers."

Not long after Allen's raid on the Lower Falls of Otter Creek, he and his men appeared in Durham and Socialborough, whose inhabitants were for the most part friendly to New York, some of them having accepted office under that government. The officials sought safety within its established bounds at Crown Point and Albany, flooding courts and council with depositions, complaints, and petitions. Those who remained were obliged to recognize the validity of the New Hampshire titles.

By the advice of his council, Governor Tryon requested General Haldimand, the commander-in-chief of his Majesty's forces, to order a sufficientnumber of regular troops to Ticonderoga and Crown Point to aid the civil authorities in enforcing the laws, but the general declined on the ground that, in the present state of American affairs, the employment of regular troops to suppress "a few lawless vagabonds" would have a bad tendency as an acknowledgment of the weakness of the civil government; also that "Crown Point, being entirely destroyed, and unprovided for the quartering of troops, and Ticonderoga being in a most ruinous state, such troops as might be sent thither would not be able to stay a sufficient time to render them of much utility." If the request was persisted in, however, he wished to know what force would be deemed sufficient. The council thought that 200 men at Ticonderoga might be enough,—a very modest demand upon the commander-in-chief, but not on the individuals of a force so insignificant that it might as well have undertaken to level the Green Mountains as to attempt to subdue in their fastnesses these accomplished bush-fighters of the Grants. The requisition was not approved by the king, and the troops were not sent.

In consideration of the representations and petitions laid before it, a committee of the General Assembly of New York resolved that the governor be requested to issue a proclamation offering a reward of fifty pounds each for the apprehension, and securing in his Majesty's gaol at Albany, of Ethan Allen, Warner, Baker, and five others, and that a bill be brought in more effectually to suppress theriotous proceedings and bring the offenders to condign punishment. These resolutions having come to the Grants in the columns of the "New York Mercury," the committees of the towns on the west side of the mountains met at Manchester and made answer thereto. They said that in consequence of the report of the British Board of Trade, so favorable to them, they were in daily expectation of a royal confirmation of the New Hampshire grants, and declared themselves loyal and devoted subjects of his Majesty; that the government of New York was more rebellious than they, in that it had acted in direct opposition to the orders of the king; that they had purchased their lands of one of his Majesty's governors on the good faith of the crown of Great Britain, and would maintain those grants against all opposition, till his Majesty's pleasure should be known, and recommended to the governor of New York to await the same before proceeding to the harsh measures proposed, "to prevent the unhappy consequences that may result from such an attempt." They resolved to defend with their lives and fortunes their neighbors and friends who should be indicted as rioters, and that the inhabitants would hold themselves "in readiness to aid and defend such friends of ours who, for their merit to the great and general cause, are falsely denominated rioters," but they would act only on the defensive, and would "encourage execution of the law in civil cases, and in criminal prosecutions that were so indeed."[54]

But before this answer was approved by the general committee, the New York Assembly had enacted a law (March 9, 1774) as stringent as its committee could have urged, or its report had foreshadowed, and with it or following close upon its passage was issued Governor Tryon's proclamation of a reward of one hundred pounds each for the arrest of Ethan Allen and Remember Baker, and fifty pounds for the apprehension of Seth Warner and five others. Some of the provisions of this extraordinary law were, that if three or more persons, "being unlawfully, riotously, and tumultuously assembled within the counties of Charlotte and Albany," did not disperse when commanded to do so by proclamation made by a justice, sheriff, or coroner, they should upon conviction suffer twelve months' imprisonment without bail; and any person opposing, letting, hindering, or hurting the person making or going to make such proclamation, should be adjudged a felon, and suffer death without benefit of clergy. It should also be adjudged felony without benefit of clergy for an unauthorized person to assume judicial powers, or for any person to assist them, or to execute their sentences, or to seize, detain, or assault and beat any magistrate or civil officer, to compel him to resign his office, or to prevent his discharging its duties; or to burn or destroy the grain or hay of any other person; or to demolish or pull down any dwelling-house, barn, stable, or gristmill, sawmill, or outhouse within either of the said counties. When the persons named in thegovernor's proclamation, or any other persons, were indicted for any offense committed after the passage of this act, and made capital by it or any other law, did not, within seventy days after the publication of the governor's command to do so, surrender themselves to one of his Majesty's justices of the peace for either of the said counties, they were to be adjudged guilty of the offense for which they had been indicted; and if for a capital offense thereafter to be perpetrated, they should be convicted and attainted of felony, and should suffer death, as in the case of persons so convicted by verdict and judgment, without benefit of clergy; and it should be lawful for the supreme court of New York, or the courts of oyer and terminer or general gaol delivery, to award execution against such offenders as if they had been convicted in such courts. It was provided that, as it was impracticable to bring offenders to justice within the county of Charlotte, all persons committed within its limits should be proceeded against by any grand jury of the county of Albany, and tried in that county by a jury thereof, as if the crime or offense had been perpetrated therein.[55]

Here was indeed an "exertion of the powers of government," but it was barren of any result but to strengthen the spirit of opposition in those against whom it was directed, and, instead of terrorizing them into abject submission, as its authors had confidently expected, it served rather to unite them in more stubborn resistance.

In response, Allen and his proscribed associates put forth a manifesto and an address "to the people of the counties of Albany and Charlotte which inhabit to the westward, and are situated contiguous to the New Hampshire Grants," wherein, for the most part, the case is forcibly stated in Allen's peculiar style, and closes with the declaration that "We are under the necessity of resisting even unto blood every person who may attempt to take us as felons or rioters as aforesaid, for in this case it is not resisting law, but only opposing force by force; therefore, inasmuch as, by the oppressions aforesaid, the New Hampshire settlers are reduced to the disagreeable state of anarchy and confusion; in which state we hope for wisdom, patience, and fortitude till the happy hour his Majesty shall graciously be pleased to restore us to the privileges of Englishmen."

Not many times, if ever, thereafter, was the authority of the king invoked by those who set their names to this paper: but little more than a year had elapsed when most of them were engaged in wresting from the crown its strongholds on Lake Champlain.

Now, however, a scheme was set on foot to withdraw the Grants from the hated jurisdiction of New York by erecting them, and that part of New York east of the Hudson, into a separate royal government. Colonel Philip Skene, who lived in considerable state in Skenesborough House on his estate at the head of Lake Champlain, was engagedin it, probably with a view to the governorship of the new province, and he went to England to further the project. Whatever his success may have been, it came to nothing with the breaking out of the Revolution.[56]

The people of the Grants maintained their attitude of defiance and resistance. The stinging imprint of the beech seal was still set as relentlessly on the backs of justices who yet dared to act under the authority of New York, and their stern judges sent them "toward the City of New York, or to the westward of the Grants," with duly signed certificates that they had received full punishment for their crimes.

Lieutenant-Governor Colden, now acting governor, as Tryon "had been called home to give Lights on the Points in dispute," applied to General Gage at Boston for a force of 200 men to aid the civil officers in the county of Charlotte, but Gage declined, as Haldimand had done; and the attempts of New York to enforce its authority continued as futile as ever, while the Rob Roys of the new world Highlands as boldly went their way as if no price was set upon their heads.

[41]Hist. Vt.p. 345.

[42]MeaningSethWarner.

[43]Chipman'sMemoirs of Seth Warner.

[44]He died among his former enemies, the Yorkers, at Sandy Hill, N. Y., in 1812.

[45]1771.

[46]Governor and Council, p. 149.

[47]State Papers, p. 22.

[48]State Papers, pp. 29, 30.

[49]Baker showed James Henderson the stump of a lost thumb, as his commission (possibly given by Esquire Munro), for performing this "very disagreeable work."

[50]Doc. Hist.vol. iv. pp. 512-516.

[51]Ibid.p. 488.

[52]Doc. Hist. N. Y.vol. iv. p. 493.

[53]Thompson'sVermont, part ii. p. 25.

[54]State Papers, p. 42.

[55]State Papers.

[56]Williams'sHistory; Thompson'sVermont.

While the western portion of the New Hampshire Grants was involved in this turmoil of incipient warfare, most of the settlers to the eastward of the Green Mountains held aloof from the strife, for many of them had surrendered their original charters, taking new ones under New York and submitting quietly to its jurisdiction. Yet they were not lacking in the spirit of patriotism that was now warming all their countrymen into a new life, and presently there came an event which welded them into closer affiliation with their brethren of the western grants, and brought them into active opposition to the imperious government of New York.

On the 16th of May, 1774, a committee of correspondence was formed in the city of New York, with the object of learning the sentiments of the people concerning the measures of the British government respecting its American colonies. A letter, addressed by its chairman to the supervisors of Cumberland County, was kept secret by them, and no action taken upon it at their June session; but its receipt in some way became known to Dr. Jones of Rockingham and Captain Wright ofWestminster, who notified their towns; and a committee for the purpose being appointed in each, the supervisors were called on at their September session for any papers received by them which should be laid before the towns of the county. The letter was unwillingly produced, a copy was sent to each town, and a county convention was called to meet at Westminster on the 19th of October. Delegates from twelve towns met accordingly, and passed resolutions similar in spirit to those of the Continental Congress. When the action of Congress in declaring the rights of the colonies, and in adopting the "Articles of Association," became known, another convention was called, which met at Westminster on the 30th of October, "and did adopt all the resolves of the Continental Congress as their resolves, promising religiously to adhere to that agreement or association." But a motion to choose a "committee of inspection" to observe whether any person violated the Articles of Association was defeated by the opposition of two Tory members. The town of Dummerston, however, whose good people, "tired of diving after redress in a Legal way," had set Lieutenant Spaulding free from the jail to which he had been committed on a charge of high treason for saying that, "if the king had signed the Quebec bill, it was his opinion he had broken his coronation oath," at a town-meeting held in January following chose such a committee. This body removed two assessors from office for refusing to execute an order of the town to assess atax, payable in potash salts, for the purpose of procuring 100 pounds of powder, 200 pounds of lead, and 300 flints, for the town use; suspended another town officer till by his conduct he proved himself a Whig; and disarmed a suspected Tory. The example of this town was generally followed by others, without waiting the action of a convention.

The General Assembly of New York had refused to adopt the resolves and Articles of Association of the Continental Congress, and the courts of justice were continued in that province, while elsewhere they were almost universally suspended.

Affairs were at this pass, causing great dissatisfaction among the patriots of the Grants, when the time for the session of the King's Court of Cumberland County, to be holden at Westminster the 14th of March, 1775, drew near. A deputation of forty citizens of the county waited upon the chief judge, Colonel Chandler, at Chester, and endeavored to dissuade him from holding the court. He admitted that it would be better to hold no court in the present state of affairs, but said there was a case of murder which it was necessary to try, after which, if not agreeable to the people, no other cases should come on. In answer to the objections of one of their number, that the sheriff would be present with an armed posse and there would be bloodshed, he assured them that no arms should be brought against them, and dismissed them with thanks for their civility. After considerable discussion of methods to prevent the sitting of the court,it was decided that it should be permitted to come together, when the objections to its proceeding should be laid before it, "thinking," says the "Relation of the Proceedings," "they were men of such sense that they would hear them."[57]It presently became known that the court intended to take possession of the court-house the day before its session was to begin, and hold it with a strong guard against the intrusion of those opposed to its opening. To forestall this purpose, about 100 men, armed only with clubs that the stalwart men of Rockingham took from a neighboring woodpile, entered the court-house late in the afternoon of that day, with the intention of holding it till the judges should hear their grievances. They had not been long within it when the sheriff, with a strong posse of armed men and attended by the officers of the court, came marching up the level street of the little town. Halting near the door, he demanded entrance, but received no answer. He then read the king's proclamation in a loud voice, commanding all persons unlawfully assembled to disperse, adding with an oath that, if they did not do so within fifteen minutes, "he would blow a lane through them." They answered that they would not disperse, but would admit the sheriff and the others if they would lay aside their arms, and asked if they had come for war; declaring they themselves had come for peace, and would be glad to hold a parley with them. Upon this the clerk ofthe court drew his pistol, and, holding it up, swore that "only by it would he hold parley with such damned rascals," and would give no more friendly reply to any overtures. Judge Chandler, however, came to them when the sheriff's posse had gone for refreshments, and declared that the arms were brought without his consent, and said that those who held the house might continue to do so undisturbed till morning, when the court should come in without arms, and hear what they had to say before it.

With little fear of molestation now, yet taking the precaution to post a sentry at the door, the garrison of the court-house held the place. The curving crest of hills that half encircle the town, touching the river above and below it, grew dim against the darkening sky, and the last gleam of daylight faded from the ice-bound reaches of the broad Connecticut. The pallid dusk of the starless winter night blurred houses and threshold trees into indistinct forms, and fused the half-surrounding wall of forest-clad hills with the sky, till they seemed a part of it creeping down upon the little hamlet. One by one the lights went out, save where some housewife waited her husband's coming, and where the glare of the inn's hospitable fire fell in broad bars of flickering light across the snowy street. The sentinel at the door paced his short beat. Of those whose guard he kept, some fell asleep on the hard benches, some gathered in groups to listen to the discourse of oracularpoliticians, or discuss the all-absorbing topic of the hour. Some of the younger men crowded into the charmed circle wherein some gray and garrulous veteran of the old wars discoursed of bush fights and Indian ambuscades, the siege of Number Four or Ticonderoga's woeful day of slaughter and defeat, where he fought so hotly for the sovereign whom he now denounced. Some sat apart silently brooding, and taking no heed of the buzz of conversation, but grimly awaited the struggle they felt was impending. All became suddenly alert when, about midnight, the sentinel discovered armed men approaching, and gave the word to man the doors. The sheriff and his men were coming, with courage reinforced by potations of flip and fiery rum.

They marched to within ten rods of the door and halted. In a moment the order was given to fire, and three shots were reluctantly delivered. The order was repeated with curses, which incited the posse to a deadlier volley that killed William French almost outright, fatally wounded Daniel Houghton, and severely injured several others. The assailants then rushed in on the men, who had only clubs to defend themselves with, made several prisoners and took them to the jail. One of these was the dying man, whom "they dragged as one would a dog, and would mock at as he lay gasping," and "did wish there were forty more in the same case." Lying on the jail-room floor, his five wounds undressed, French, not yet twenty-two, died in the early morning of the 14th. Houghton survived his wounds nine days.

Thus in a remote frontier town was shed the first blood of the momentous conflict that gave birth to a nation.

In the darkness and confusion all the rest of the Whigs escaped, some fighting their way out with their clubs; one, Philip Safford, laying about him so lustily that eight or ten of the sheriff's posse went down beneath the blows of his cudgel.

The court party came out of the mêlée victorious for the present, and without serious injury to any of their number, though in the "State of the Facts," prepared next day by the judges and other officers of the court, two were reported as wounded by pistol shots, which, if indeed so, must have been fired by their friends, for the others declared that they had not so much as a pistol among them, having come with the expectation of gaining their object without violence. Some did now go home for their guns, but did not return to renew the fray. More hastened away to carry the woeful tidings of bloodshed to the Whigs of all the country around, and with such dispatch was this done that, before noon of the next day, two hundred armed men had arrived from New Hampshire. Before night every one known to have been concerned in the killing of French was seized and kept under strong guard. The next day an inquest was held, and a verdict given that French came to his death at the hands of the sheriff, and certain others of his posse. Armed men continued to come from the southern part of the county and from Massachusetts, till by thefollowing morning five hundred "good martial soldiers, well equipped for war," thronged the one street of the little town.

On that day all the people who had come assembled, and voted to choose a large committee to act for the whole, to be composed in part of citizens of Cumberland County, and in part of those residing outside its limits. After an examination of the evidence, this committee voted to commit those most implicated in the killing of French to the jail at Northampton, Mass., there to await a fair trial, while those who seemed less guilty should be put under bonds to appear at the next court. The bonds of those admitted to bail were taken next day, and the others were conducted under a strong guard to Northampton jail, but it does not appear that any of them were ever brought to trial, these cases being lost sight of in the thickening whirl of Revolutionary events.

Such is substantially the account of the affair as given by the committee chosen by the people. The accounts given by the officers of the court in their "State of the Facts," and by members of the sheriff's posse in their deposition, make it appear that the so-called rioters were the first violent aggressors, beating the sheriff with clubs when he first attempted to force his way in; that three shots were then fired by his order above the heads of those who held the court-house, who at once returned the fire by a discharge of guns and pistols, one pistol-shot being fired at such close quartersthat the powder burned a large hole in the breast of his coat, and yet the wearer was not hurt; that only four or five shots were fired into the court-house by the sheriff's party, and yet by this volley French was struck by five bullets, Houghton received a fatal wound, and several others were hurt. According to these accounts, Robert Cockran and others proposed such atrocities as burning the court-house and all within it, or firing volleys through it, and were only restrained by the New Hampshire men from doing so.[58]But there is nothing of this in the relation of the committee, which is quite as likely to impress the unbiased inquirer with its truthfulness. Governor Colden, in his report to Lord Dartmouth of what he calls this "dangerous insurrection," does not attribute it to any dispute concerning land titles, but only to the example of Massachusetts; nor does he charge the Bennington rioters with being implicated in it, though he foresaw that it would draw to the common cause of resistance to New York the people of the eastern Grants with their brethren of the western. He wrote to General Gage of this affair in Cumberland, and hoped that by his assistance he might soon be able to hold a court of oyer and terminer in that county; but the British general had weightier affairs upon his hands at Boston, and could give him no help.

In a convention held at Westminster on the 11th of April, it was voted "that it is the duty of theinhabitants to wholly renounce and resist the administration of the government of New York till such time as the lives and property of these inhabitants may be secured by it, or till such time as they can have opportunity to lay their grievances before his most gracious Majesty in council," with an humble petition "to be taken out of so offensive jurisdiction, and either annexed to some other government or erected and incorporated into a new one, as may appear best to said inhabitants, to the Royal wisdom and clemency, and till such time as his Majesty shall settle this controversy." Colonel John Hazletine, Charles Phelps, and Colonel Ethan Allen were appointed to prepare the remonstrance and petition that were to be presented.

Never again did any representative body of the Grants give an expression of loyalty to the king. Not many days later came the news of Lexington fight, and presently the mountaineers were all in as open revolt against King George as any had ever been against his royal government of the province of New York. Men grown so accustomed to resistance of the tyranny of the lesser power, as were the persecuted settlers of the western Grants, were not apt to be laggards in opposing the greater when its encroachments became as unendurable, and for a time the petty warfare of provincial bounds and jurisdiction was hidden from their sight in the over-spreading cloud of the grander struggle that involved the liberties of every American.

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