ALLEN AND THE GREEN MOUNTAIN BOYS.--NEGOTIATIONS BETWEEN THE NEW YORK
AND THE NEW HAMPSHIRE GRANTS.
During the six years preceding the Revolution, Allen was the most
prominent leader of the Green Mountain Boys in all matters of peace,
and also in political writing. When the Manchester Convention,
October 21, 1772, sent James Breakenridge, of Bennington, and Jehiel
Hawley, of Arlington, as delegates to England, perhaps Allen could
not be spared, for if any New York document needed answering Allen
answered it; if any handbill, proclamation or counter-statement, or
political or legal argument was to be written, Allen wrote it; if
New England was to be informed of the Yorkers' rascalities, Allen
sent the information to the Connecticut _Courant_ and Portsmouth
_Gazette_, Vermont having no newspaper. Rarely was force or threat
used or a rough joke played on a Yorker, but Allen was first in the
fray. In Bennington County Allen with others told a Yorker that they
had "that morning resolved to offer a burnt sacrifice to the gods of
the woods in burning the logs of his house." They did burn the logs
and the rafters, and told him to go and complain to his "scoundrel
governor."
Of all the towns of Western Vermont, Clarendon had been most noted
for its Tories and its Yorkers. Settled as early as 1768, its
settlers founded their claims to land titles on grants from three
different powers: Colonel Lydius, New York, and New Hampshire. The
New York patent of Socialborough, covering Rutland and Pittsford
substantially, was dated April 3, 1771, and issued by Governor
Dunmore. The New York patent of Durham, dated January 7, 1772, issued
by Governor Tryon, covered Clarendon. Both were in direct violation
of the royal order in council, July, 1767, and therefore illegal and
void. The new county of Charlotte, created March 12, 1772, extended
from Canada into Arlington and Sunderland and west of Lake George
and Lake Champlain. Benjamin Spencer, of Durham, was a justice and
judge of the new county; Jacob Marsh, of Socialborough, a justice;
and Simeon Jenny, who lived near Chippenhook, coroner. These three
officers were zealous New York partisans. The Green Mountain Boys in
council passed resolutions to the effect that no citizen should do
any official act under New York authority; that all persons holding
Vermont lands should hold them under New Hampshire laws, and if
necessary force should be used to enforce these resolves.
In the early part of the fall of 1773, a large force of Green
Mountain Boys, under Ethan Allen and other leaders, visited Clarendon
and requested the Yorkers to comply with these resolutions, informing
them if this were not done within a reasonable time the persons of
the Durhamites would suffer. Justice Spencer absconded. No violence
was used except on one poor innocent dog of the name of Tryon, and
Governor Tryon was so odious that the dog was cut in pieces without
benefit of clergy. This display of force and the threats that were
very freely used, it was hoped, would be enough to secure submission,
but the justices still issued writs against the New Hampshire
settlers; other New York officials acted, and all were loud in
advocating the New York title.
A second visit to Durham was made. Saturday, November 20, at 11 P.M.,
Ethan Allen, Remember Baker, and twenty to thirty others surrounded
Spencer's house, took him prisoner, and carried him two miles to
the house of one Green, where he was kept under a guard of four men
until Monday morning, and then taken "to the house of Joseph Smith,
of Durham, innkeeper." He was asked where he preferred to be tried;
he replied that he was not guilty of any crime, but if he must be
tried, he should choose his own door as the place of trial. The Green
Mountain Boys had now increased in number to about one hundred and
thirty, armed with guns, cutlasses, and other weapons. The people
of Clarendon, Rutland, and Pittsford hearing of the trial, gathered
to witness the proceedings. A rural lawsuit still has a wonderful
fascination for a rural populace. Allen addressed the crowd, telling
them that he, with Remember Baker, Seth Warner, and Robert Cochran,
had been appointed to inspect and set things in order; that "Durham
had become a hornets' nest" which must be broken up. A "judgment
seat" was erected; Allen, Warner, Baker, and Cochran took seats
thereon as judges, and Spencer was ordered to stand before this
tribunal, take off his hat, and listen to the accusations. Allen
accused him of joining with New York land jobbers against New
Hampshire grantees and issuing a warrant as a justice. Warner accused
him of accepting a New York commission as a magistrate, of acting
under it, of writing a letter hostile to New Hampshire, of selling
land bought of a New York grantee, and of trying to induce people
to submit to New York. He was found guilty, his house declared a
nuisance, and the sentence was pronounced that his house be burnt,
and that he promise not to act again as a New York justice. Spencer
declared that if his house were burned, his store of dry-goods and
all his property would be destroyed and his wife and children would
be great sufferers. Thereupon the sentence was reconsidered. Warner
suggested that his house be not destroyed, but that the roof be taken
off and put on again, provided Spencer should acknowledge that it
was put on under a New Hampshire title and should purchase a New
Hampshire title. The judges so decided. Spencer promised compliance,
and "with great shouting" the roof was taken off and replaced, and
this pioneer dry-goods store of 1773 was preserved.
At another time twenty or thirty of Allen's party visit the house
of Coroner Jenny. The house was deserted; Jenny had fled, and they
burned the house to the ground. The other Durhamites were visited and
threatened, and they agreed to purchase New Hampshire titles. Some
of the party returning from Clarendon met Jacob Marsh in Arlington,
on his way from New York to Rutland. They seized him and put him on
trial. Warner and Baker were the accusers. Baker wished to apply
the "beech seal," but the judges declined. Warner read the sentence
that he should encourage New Hampshire settlers, discourage New York
settlers, and not act as a New York justice, "upon pain of having his
house burnt and reduced to ashes and his person punished at their
pleasure." He was then dismissed with the following certificate:
Arlington, Nov. 25, A.D. 1773. These may sertify that Jacob Marsh
haith been examined, and had a fare trial, so that our mob shall
not meadel farther with him as long as he behaves.
Sertified by us as his judges, to wit,
NATHANIEL SPENCER,
SAML. TUBS,
PHILIP PERRY.
On reaching home, Marsh found that the roof of his house had been
publicly taken off by the Green Mountain Boys.
Spencer in his letter to Duane, April 11, 1772, wrote: "One Ethan
Allen hath brought from Connecticut twelve or fifteen of the most
blackguard fellows he can get, double-armed, in order to protect
him." This same Spencer, after acting as a Whig and one of the
Council of Safety, deserted to Burgoyne in 1777, and died a few weeks
after at Ticonderoga.
Benjamin Hough, of Clarendon, was a troublesome New York justice. His
neighbors seized him and carried him thirty miles south in a sleigh.
After three days, January 30, 1775, he was tried in Sunderland before
Allen and others. His punishment was two hundred lashes on the naked
back while he was tied to a tree. Allen and Warner signed a written
certificate as a burlesque passport for Hough to New York, "he
behaving as becometh."
At this time the following open letters from the Green Mountain Boys
were published:
An epistle to the inhabitants of Clarendon: From Mr. Francis
Madison of your town, I understand Oliver Colvin of your town
has acted the infamous part by locating part of the farm of
said Madison. This sort of trick I was partly apprised of, when
I wrote the late letter to Messrs. Spencer and Marsh. I abhor
to put a staff into the hands of Colvin or any other rascal to
defraud your letter. The Hampshire title must, nay shall, be
had for such settlers as are in quest of it, at a reasonable
rate, nor shall any villain by a sudden purchase impose on the
old settlers. I advise said Colvin to be flogged for the abuse
aforesaid, unless he immediately retracts and reforms, and if
there be further difficulties among you, I advise that you employ
Capt. Warner as an arbitrator in your affairs. I am certain he
will do all parties justice. Such candor you need in your present
situation, for I assure you, it is not the design of our mobs
to betray you into the hands of villainous purchasers. None but
blockheads would purchase your farms, and they must be treated
as such. If this letter does not settle this dispute, you had
better hire Captain Warner to come simply and assist you in the
settlement of your affairs. My business is such that I cannot
attend to your matters in person, but desire you would inform me,
by writing or otherwise relative thereto. Captain Baker joins
with the foregoing, and does me the honor to subscribe his name
with me. We are, gentlemen, your friends to serve.
ETHAN ALLEN,
REMEMBER BAKER.
_To Mr. Benjamin Spencer and Mr. Amos Marsh, and the people of
Clarendon in general_:
GENTLEMEN:--On my return from what you called the mob, I was
concerned for your welfare, fearing that the force of our
arms would urge you to purchase the New Hampshire title at an
unreasonable rate, tho' at the same time I know not but after
the force is withdrawn, you will want a third army. However, on
proviso, you incline to purchase the title aforesaid, it is my
opinion, that you in justice ought to have it at a reasonable
rate, as new lands were valued at the time you purchased them.
This, with sundry other arguments in your behalf, I laid before
Captain Jehiel Hawley and other respectable gentlemen of that
place (Arlington) and by their advice and concurrence, I write
you this friendly epistle unto which they subscribe their names
with me, that we are disposed to assist you in purchasing
reasonably as aforesaid; and on condition Colonel Willard, or any
other person demand an exorbitant price for your lands we scorn
it, and will assist you in mobbing such avaricious persons, for
we mean to use force against oppression, and that only. Be it in
New York, Willard, or any person, it is injurious to the rights
of the district.
From yours to serve.
ETHAN ALLEN,
JEHIEL HAWLEY,
DANIEL CASTLE,
GIDEON HAWLEY,
REUBEN HAWLEY,
ABEL HAWLEY.
The convention had decreed that no officer from New York should
attempt to take any person out of its territory, on penalty of a
severe punishment, and it forbade any surveyor to run lines through
the lands or inspect them with that purpose. This edict enlarged
the powers of the military commanders, and it was their duty to
search out such offenders. The Committees of Safety which were
chosen were entrusted with powers for regulating local affairs,
and the conventions of delegates representing the people, which
assembled from time to time, adopted measures tending to harmony and
concentration of effort.
May 19, 1772 (the year in which occurred Poland's first
dismemberment), Governor Tryon wrote to Bennington and vicinity,
inviting the citizens to send delegates to him and explain the causes
of their opposition to New York rule. Could anything be fairer or
more politic and wise? He promised safety to any and all sent,
except four of their leaders, Allen, Warner, Cochran, and Sevil, and
suggested sending their pastor, J. Dewey, and Mr. Fay. Dewey answered
on June 5:
We, his Majesty's leal and loyal subjects of the Province of New
York.... First, we hold fee of our land by grants of George
II., and George III., the lands reputed then in New Hampshire.
Since 1764, New York has granted the same land as though the fee
of the land and property was altered with jurisdiction, which
we suppose was not.... Suits of law for our lands rejecting our
proof of title, refusing time to get our evidence are the grounds
of our discontent.... Breaking houses for possession of them
and their owners, firing on these people and wounding innocent
women and children.... We must closely adhere to the maintaining
our property with a due submission to Your Excellency's
jurisdiction.... We pray and beseech Your Excellency would assist
to quiet us in our possessions, till his Majesty in his royal
wisdom shall be graciously pleased to settle the controversy.
Allen, not being allowed to go to New York, wrote to Tryon in
conjunction with Warner, Baker, and Cochran, stating the case as
follows:
No consideration whatever, shall induce us to remit in the least
of our loyalty and gratitude to our most Gracious Sovereign, and
reasonably to you; yet no tyranny shall deter us from asserting
and vindicating our rights and privileges as Englishmen. We
expect an answer to our humble petition, delivered you soon after
you became Governor, but in vain. We assent to your jurisdiction,
because it is the King's will, and always have, except where
perverse use would deprive us of our property and country. We
desire and petition to be reannexed to New Hampshire. That is not
the principal cause we object to, but we think change made by
fraud, unconstitutional exercise of it. The New York patentees
got judgments, took out writs, and actually dispossessed several
by order of law, of their houses and farms and necessaries.
These families spent their fortunes in bringing wilderness into
fruitful fields, gardens and orchards. Over fifteen hundred
families ejected, if five and one-quarter persons are allowed
to each family.... The writs of ejectment come thicker and
faster.... Nobody can be supposed under law if law does not
protect.... Since our misfortune of being annexed to New York,
law is a tool to cheat us.... Fatigued in settling a wilderness
country.... As our cause is before the King, we do not expect
you to determine it.... If we don't oppose Sheriff, he takes
our houses and farms. If we do, we are indicted rioters. If our
friends help us, they are indicted rioters. As to refugees,
self-preservation necessitated our treating some of them roughly.
Ebenezer Cowle and Jonathan Wheat, of Shaftsbury, fled to New
York, because of their own guilt, they not being hurt nor
threatened. John Munro, Esq., and ruffians, assaulting Baker at
daybreak, March 22, was a notorious riot, cutting, wounding and
maiming Mr. Baker, his wife and children. As Baker is alive he
has no cause of complaint. Later he (Munro) assaulted Warner
who, with a dull cutlass, struck him on the head to the ground.
As laws are made by our enemies, we could not bring Munro to
justice otherwise than by mimicing him, and treating him as he
did Baker, and so forth. Bliss Willoughby, feigning business,
went to Baker's house and reported to Munro, thus instigating
and planning the attack.... The alteration of jurisdiction in
1764 could not affect private property.... The transferring
or alienation of property is a sacred prerogative of the true
owner. Kings and Governors cannot intermeddle therewith.... We
have a petition lying before his Majesty and Council for redress
of our grievances for several years past. In Moore's time, the
King forbid New York to patent any lands before granted by New
Hampshire. This a supercedeas of Common Law. King notifying New
York he takes cognizance and will settle and forbids New York to
meddle: common sense teaches a common law, judgment after that,
if it prevailed, would be subversive of royal authority. So all
officers coming to dispossess are violaters of law. Right and
wrong are externally the same. We are not opposing you and your
Government, but a party chiefly attorneys. We hear you applied to
assembly for armed force to subdue us in vain. We choose Captain
Stephen Fay and Mr. Jonas Fay, to treat with you in person. We
entreat your aid to quiet us in our farms till the King decides
it.[1]
The embassy was successful. The council advised that all legal
processes against Vermont should cease. If Bennington was happy in
May over the invitation, Bennington was jubilant in August over the
kindly advice. The air rang with shouts; the health of governor and
council was drunk and cannon and small-arms were heard everywhere. No
part of New York colony was happier or more devotedly British. Two
years had passed since the New York Supreme Court had adjudged all
the Vermont legal documents null and void: one year had passed since
New York had sent a sheriff and posse with hundreds of citizens to
force Vermont farmers from their farms, but both of these affairs
occurred under Governor Clinton. Now perhaps, the Vermonters thought,
the new governor was going to act fairly: there would be no more
fights; no more watching and guarding against midnight attacks; no
more need of fire-arms; and wives and babes would be safe. There
would be no more kidnapping of Green Mountain Boys and hurrying them
away to Albany jail; no more foreign surveying of the lands they
tilled and loved.