CHAPTER II.

ORIGIN OF THE LAND TROUBLES.

Vermont, as has been well said, was born in the midst of tumult and

the clash of arms. No other State, we can safely affirm, came up out

of such tribulation. Her experience is that of a people exposed to the

avarice and greed of officials who scruple not to use the necessities

of their helpless subjects as a means of securing their own selfish

ends.

It was in pursuance to instructions from his Britannic Majesty that

Benning Wentworth, Governor of New Hampshire, proceeded, in 1749, to

grant lands on the west side of the Connecticut River, in the present

State of Vermont, to such persons as would settle and cultivate the

same. After the declaration of peace between France and England,

Wentworth ordered that a survey be made of the river for sixty miles,

and that three tiers of townships be laid out on either side. In 1764

about one hundred and forty townships had been granted to New England

settlers.

The lands went under the title of the “New Hampshire Grants,” numbering

sixty-eight proprietors, each grant being six miles square, the

Governor reserving to himself five hundred acres at the corner of each

township. There were also reserved four public rights, viz.: one to the

society for the propagation of the Gospel in foreign parts; one for

a perpetual glebe to the established Church of England; one for the

first settled minister of the Gospel in town; and one for the support

of a school. The patentees, that is to say, the possessors, were after

ten years to pay ninepence sterling per annum on each hundred acres as

quit-rent to his Majesty.

In addition to the five hundred acres at the corner of each township,

Governor Wentworth received fees and other emoluments in his official

capacity in making these grants. But he was not always to pursue this

career of pecuniary prosperity. Other scheming brains, jealous of his

rapidly accumulating fortune, sought to deprive him of his monopoly

of land giving. This menace lay in the persons of Cadwallader Colden,

Lieut.-Gov. of New York, and some associates composed of lawyers and

land speculators of New York city.

As an initiative, Lieut.-Gov. Colden issued a proclamation to the

settlers on the west bank of the Connecticut, Dec. 28, 1763, arrogating

to the government of New York sole jurisdiction over the territory,

founding the claim on the grant made by Charles II to the Duke of York

in 1664 and 1674, embracing among other parts “all the lands from the

west side of the Connecticut River to the east side of the Delaware

Bay.” Colden at once commenced making grants of land in his newly

acquired territory, and by the first of November following, his patents

covered a large portion of the lands occupied by the settlers who had

just paid for their titles to the Governor of New Hampshire.

Gov. Wentworth now issued a counter proclamation intended to inspire

confidence in the grants from New Hampshire, and exhorting the people

to be diligent in clearing up their lands, and not be intimidated by

the threats of New York. The latter province thereupon made application

to the Crown for a confirmation of its claims, falsely and fraudulently

averring that such an arrangement would meet the wishes of the people

of the territory in dispute. These claims were confirmed by Great

Britain in July, 1764.

Wentworth complained of this loss of territory, and represented it to

be injurious to the peace and prosperity of the country; but he was

constrained, by advice of counsel, to recommend to the settlers due

obedience to the authority and laws of New York.

Had this royal decree been interpreted by the Yorkers as simply

effecting a change of jurisdiction, the inhabitants would have quietly

submitted, as it was immaterial to them, other things being equal,

whether they lived in New York or New Hampshire. Unfortunately, the

private interests of Colden and the land speculators induced another

interpretation. They maintained that the decision had a retrospective

application; that the Connecticut River had always been the eastern

boundary of New York, and hence the grants made by New Hampshire were

null and void.

The people of the Grants were now apprised of the true nature of the

diplomatic game that was being played, in which they were the parties

likely to be the most affected. They now realized that the lands they

had duly bought and paid for, and for which they held deeds under the

authority of the Crown, were coveted by the land speculators, and,

under color of law, the latter purposed to wrest them from their hands.

In 1765, a committee from the Grants waited upon the newly-appointed

Governor of New York, Sir Henry Moore, to solicit his protection

against the New York patents; but this measure failed of its purpose.

The following year an agent was sent to the Court of Great Britain to

recount the unjust proceedings against them; and the King in Council,

in response thereto, issued an order bearing date of July 24, 1767,

requiring of the Governor of New York that he should not, “upon pain of

his Majesty’s highest displeasure, presume to make any grant whatsoever

of any part of the lands in question, until his Majesty’s further

pleasure should be known concerning the same.” This order was obeyed

during the administration of Governor Moore; but after his death, which

occurred in the fall of 1769, it was wholly disregarded, and grants

were made by successive governors up to the Revolutionary period.

After the death of Moore, New York proceeded to carry out its plan by

attempting to compel the Vermontese to repurchase their lands, or to

abandon them. Many of the settlers did not have the ready funds with

which to repurchase their homes, had they been so minded; while the

great majority peremptorily refused to submit. This bold opposition was

followed by actions of ejectment at Albany, and judgments against the

protesting settlers, the original proprietors.

The Governor of New York exercised a little judicious diplomacy by

making a partial distinction between the settlers on the east and west

sides of the Green Mountains, and, by winning some of the leading

characters over to his interest, by that means divided the people. Some

settlers on the east side, by yielding up their New Hampshire titles,

had new or confirmation grants from New York on payment of half fees.

The usual fee of the former colony for granting a township was about

three hundred dollars; but under the latter it generally exceeded two

thousand dollars.

To promote a further division between the two sections, New York gave

civil and military commissions to settlers on the east side. A new

county was erected there, and a log court house and jail was built in

the wilderness, eight miles distant from any settlement. The Governor,

by this stratagem, partially brought the eastern counties to coincide

with New York, thus placing the western district in the interior of

the government. He hoped in that way to compel their submission;

forgetting that men, who had braved every danger and hardship attending

the settlement of a wild country, would not tamely submit to be

dispossessed. The contest now grew warm and serious. Writs of ejectment

were issued and served; some officers were prevented by force from

serving their writs; the papers were returned to the Supreme Court at

Albany.

Ethan Allen, a proprietor under the Hampshire Grants, accompanied by an

eminent barrister of Connecticut named Ingersoll, repaired to Albany

to answer in behalf of the Grants. When the first case was brought,

Ingersoll answered for the defendant, supporting his plea by the royal

orders and instructions to Governor Wentworth to make grants of land

in the province of New Hampshire, and also produced the grant and

charter to the settlers. The judge would not admit them to be taken as

evidence, on which Ingersoll perceived the cause was already prejudged,

and withdrew from the defense.

The Green Mountain Boys · 第 2 / 12 章