CHAPTER IV.

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.

Ethan Allen, the Robin Hood of Vermont · 第 4 / 18 章