CHAPTER III.

REMOVAL TO VERMONT.--THE NEW HAMPSHIRE GRANTS.

Allen came to Vermont, probably, in 1769, a year memorable for the

founding of Dartmouth College and for the birth of four of earth's

renowned men: two soldiers, Wellington and Napoleon; two scholars,

Cuvier and Humboldt.

In the early history of Vermont, one of its prominent judges

speculated extensively in Green Mountain wild lands. The aggregate

result of these speculations was disastrous. Attending a session of

the legislature, the judge was called upon by a committee for his

advice in reference to suitable penalties for some crime. He replied,

advising for the first offence a fine; for the second, imprisonment;

and if the criminal should prove such a hardened offender, such a

veteran in vice as to be guilty the third time, he recommended that

the scoundrel should be compelled to receive a deed of a mile square

of wild Vermont lands. Speculation in wild lands is a feature of

pioneer society. Vermont was once the agricultural Eldorado of New

England. Emigration first rolled northward. Since that time a certain

star, erroneously supposed to belong to Bishop Berkeley, has been

travelling westward.

In 1749 Benning Wentworth, Governor of New Hampshire, issued a

patent of a township, six miles square, near the northwest angle of

Massachusetts and corresponding with its line northward, and in this

township of Bennington the Allens bought lands and made their home.

This grant caused a remonstrance from the governor and council of New

York. Similar remonstrances had been made in the cases of Connecticut

and Massachusetts, each of whom claimed that their territory extended

to the Connecticut River. But that question had been settled in

the former cases between New York and New England by agreeing upon

a line from the southwest corner of Connecticut northerly to Lake

Champlain as the boundary between the provinces. Wentworth urged in

justification of his course that the boundary line was well known,

and that New Hampshire had the same right as the other colonies of

New England, and he persevered in his own course. In 1754 fourteen

new townships had been granted, when the French war broke out and the

settlers were deterred from occupying their lands by the incursions

of the French and Indians on the frontier and the uncertainty of

the termination of the contest; but when Canada was reduced by the

English and peace concluded, there was a new rush for the possession

of the fertile lands by the hardy and adventurous sons of the old

New England colonies. In four years Governor Wentworth granted one

hundred and thirty-eight townships, and the territory included was

called the New Hampshire Grants. Then began in bitter earnest the

long controversy between New York and New Hampshire for the ownership

of all the territory now known as Vermont.

In order to make clear the circumstances of the time when Ethan

Allen came to the front, it is necessary to explain something of the

origin of the strife. The New York claim was founded on a charter

given by Charles II. to his brother, the Duke of York, in 1664, for

the country lying between the Connecticut and Delaware rivers. But

that charter had long been considered as practically a nullity, for

when the Duke of York succeeded to the throne of England, it all

became public property subject to the king's divisions; and there

are strong reasons for believing that the mention of the Connecticut

was merely a formality, not intended as a definite boundary, and

that the design was to take in the whole of the New Netherlands. The

geography of the country was little known, and the wording of the

charter was ambiguous and vague. Allen at once espoused the cause of

the settlers. But for him the State of Vermont would probably have

never existed. But for Allen, Albany, not Montpelier, might have been

the capital of Vermont. Allen's most illustrious achievement for the

benefit of the nation was the capture of Ticonderoga. His great work

for Vermont was successful resistance to the Yorkers.

Before entering upon this period of litigation, one of the stories of

Allen, illustrating his honesty, may fitly find a place. Having given

a note which he was unable to pay when it became due, he was sued.

Allen employed a lawyer to attend to his case and postpone payment.

But the lawyer could not prevent the rendering a judgment against

Allen at the first term of court, unless he filed a plea alleging

some real or fictitious ground of defence. Accordingly, quite

innocently he put in the usual plea denying that Allen signed the

note. The effect of this was to continue the case to the next term

of court, exactly what Allen wanted; but Allen was present and was

indignant that he should be made to appear to sanction a falsehood.

He rose in court and vehemently denounced his lawyer, telling him

that he did not employ him to tell a lie; he did sign that note; he

wanted to pay it; he only wanted time!

It was in June, 1770, that Allen first became prominent in Vermont

public affairs. Then it was that the lawsuits brought by Yorkers

for Vermont lands were tried before the Supreme Court at Albany.

Robert R. Livingston was the presiding judge; Kempe and Duane,

attorneys for plaintiffs; Silvester, of Albany, and Jared Ingersoll,

of New Haven, attorneys for defendants. Ethan Allen was active in

preparing the defence. But of what avail was defence when the court

was virtually an adverse party to the suit? Not only did Duane claim

50,000 acres of Vermont lands, but, to the disgrace of English

jurisprudence, Livingston, the presiding judge, was interested

directly or indirectly in 30,000 acres. The farce was soon played

out; the court refused to hear the New Hampshire charter read; one

trial was sufficient; the plaintiffs won all the cases. Duane and

others called on Allen and reminded him that "might makes right,"

advising him to go home and counsel compromise. Allen observed: "The

gods of the valleys are not the gods of the hills!" Duane asked for

an explanation, and Allen replied: "If you will come to Bennington

the meaning shall be made clear to you."

Allen went home and no compromise was thought of. The great seal

of New Hampshire being disregarded, the "Beech Seal" was invented

as a substitute. A military organization was formed with several

companies, Seth Warner, Remember Baker, and others as captains, and

Ethan Allen as colonel.

In July, 1771, on the farm of James Breakenridge, in Bennington,

the State of Vermont was born. Ten Eyck, the sheriff, with 300 men,

including mayor, aldermen, lawyers, and others, issued forth from

Albany, as did De Soto to capture Florida, as Don Quixote essayed

to conquer the windmills. Breakenridge's family were wisely absent.

In his house were eighteen armed men provided with a red flag to run

up the chimney as a signal for aid. The house was barricaded and

provided with loop-holes. On the woody ridge north were 100 armed

men, their heads and the muzzles of their guns barely visible amid

the foliage. To the southeast, in plain sight, was a smaller body

of men within gunshot of the house. Six or seven guarded the bridge

half a mile to the west. Mayor Cuyler and a few others were allowed

to cross the bridge and a parley ensued. The mayor returned to the

bridge, and in half an hour the sheriff was notified that possession

would be kept at all hazards. He ordered the posse to advance, and a

small portion reluctantly complied. Another parley followed, while

lawyer Yates expounded New York law and the Vermonters justified

their position. The sheriff seized an axe, and going toward the door,

threatened to break it open. In an instant an array of guns was aimed

at him; he stopped, retired to the bridge, and ordered the posse to

advance five miles into Bennington. But the Yorkers stampeded for

home, and the bubble burst. The "star that never sets" had begun to

glimmer upon the horizon.

In the winter of 1771-72 Governor Tryon, of New York, issued

proclamations heavy with ponderous logic and shotted with offers of

money for the arrest of Allen and others. To the arguments Allen

replied through a newspaper, the Connecticut _Courant_, of Hartford.

To the premium for his arrest he returned a Roland for an Oliver in

the following placard:

£25 Reward.--Whereas James Duane and John Kempe, of New York,

have by their menaces and threats greatly disturbed the public

peace and repose of the honest peasants of Bennington and the

settlements to the northward, which are now and ever have been

in the peace of God and the King, and are patriotic and liege

subjects of Geo. the 3d. Any person that will apprehend those

common disturbers, viz: James Duane and John Kempe, and bring

them to Landlord Fay's, at Bennington, shall have £15 reward for

James Duane and £10 reward for John Kempe, paid by

ETHAN ALLEN.

REMEMBER BAKER.

ROBERT COCHRAN.

Dated Poultney,

Feb. 5, 1772.

Duane and Kempe were prominent lawyers of New York, and also

prominent as advocates of New York's claim to Vermont lands.

Duane was the son-in-law of Robert Livingston and Kempe was

attorney-general. The idea of their being kidnapped for exhibition

at a log tavern in the wilderness was slightly grotesque. But this

did not satisfy Allen. He would fain visit the enemy in one of his

strongholds.

Albany was emphatically a Dutch city, for it was two centuries old

before it had 10,000 inhabitants. In 1772 it might have had half

that number. While the country was flooded with proclamations for

his arrest, Allen rode alone into the city. Slowly passing through

the streets to the principal hotel he dismounted, entered the

bar-room, and called for a bowl of punch. The news circulated; the

Dutch rallied; the crowd centred at the hotel; the officers of the

court, the valiant sheriff, Ten Eyck, and the attorney-general were

present. Allen raised the punch-bowl, bowed courteously to the crowd,

swallowed the beverage, returned to the street, remounted his horse,

rose in his stirrups and shouted "Hurrah for the Green Mountains!"

and then leisurely rode away unharmed and unmolested. The incident

illustrates Allen's shrewd courage, and sustains Governor Hall's

theory that the people of New York sympathized more with the Green

Mountain Boys than with their own land-gambling officers.

At the Green Mountain tavern in Bennington was a sign-post, with a

sign twenty-five feet from the ground. Over the sign was the stuffed

skin of a catamount with large teeth grinning toward New York. A

Dutchman of Arlington who had been active against the Green Mountain

Boys was punished by being tied in an arm-chair, hoisted to this

sign, and there suspended for two hours, to the amusement of the

juvenile population and the quiet gratification of their seniors.

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