Vermont: A Study of Independence. Rowland Evans Robinson
of Albany to return the names of all persons who, under the grants of New Hampshire, shall hold possession of any lands westward of Connecticut River, that they may be proceeded against according to law. This was followed by a proclamation of Governor Wentworth on March 13, 1764, in which he reviews and denies the claim of New York. He says: "At present the boundaries of New York to the Northward are unknown, and as soon as it shall be His Majesty's pleasure to determine them, New Hampshire will pay a ready and cheerful obedience thereunto, not doubting but that all Grants made by New Hampshire that are fulfilled by the Grantees will be confirmed to them if it should be His Majesty's pleasure to alter the jurisdiction." He encouraged the grantees under his government to be industrious in clearing and cultivating their lands, and commanded all civil officers within his province to be diligent in exercising jurisdiction as far westward as grants had been made by his government, and deal with all persons who "may presume to interrupt the settlers on said lands as to law and justice doth appertain."[31]
Though the claims of New York had thus far been founded on the grant to the Duke of York, she now sought to establish it on a less doubtful tenure, and made application to the crown for a confirmation of the same grant. This was supported by a petition representing that it would be greatly for the advantage of the settlers on the New Hampshire Grants to be annexed to New York. To this were appended the names of many such inhabitants, who afterwards asserted that it was done without their knowledge.[32]
In response came a royal order declaring "the Western bank of the Connecticut, from where it enters the province of Massachusetts Bay as far north as the 45th degree of northern latitude, to be the boundary line between the said two provinces of New Hampshire and New York."
Though this decision was not in accordance with the wishes of many of the inhabitants of the Grants, it gave them no uneasiness concerning the validity of their titles. They had obtained their lands under grants from the crown, and had no fear that under the same authority they would or could be compelled to relinquish or repurchase them. Governor Wentworth remonstrated against the change of jurisdiction, but finally by proclamation, "recommended to the proprietors and settlers due obedience to the authorities and laws of the colony of New York."[33]
But the government of New York chose to construe his Majesty's order as annulling the grants made by Governor Wentworth west of the Connecticut. It divided its newly confirmed territory into four counties, annexing the southwestern part to the county of Albany, which was termed by the New Hampshire grantees the "unlimited county of Albany." North of this was the county of Charlotte, east of it the county of Cumberland, and north of this the county of Gloucester.
The New Hampshire grantees were required to surrender their charters, and repurchase their lands under New York grants. Some complied, and paid the excessive fees demanded by the New York officials, which were twenty fold greater than those exacted by the government of New Hampshire;[34] but for the most part the settlers were not men of the metal to submit to what seemed to them rank injustice, and they refused to comply with the demand. Thereupon New York re-granted their lands to others, and actions of ejectment were brought against them. It was an easy matter to obtain judgments in the county of Albany against the settlers, but the execution of them was met by stubborn resistance, in which the people soon associated for mutual protection.
A convention of representatives from the towns on the west side of the mountains was called, and by it Samuel Robinson of Bennington was appointed as agent to present the grievances of the settlers to the British government, and obtain, if possible, a confirmation of New Hampshire grants.
The mission of Robinson[35] was so far successful that the governor of New York was commanded by his Majesty "to make no grant whatever of any part of the lands in dispute until his Majesty's pleasure should be further known" (July 24, 1767).
But the governor's council of New York decided that this order did not restrain the granting of any land formerly claimed by New Hampshire, but not already granted by that government; and the governor continued to make grants, and writs of ejectment were issued as before, returnable to the Supreme Court at Albany. It was decided in this court that authenticated copies of the royal orders to the governor of New Hampshire, and the grants made in pursuance thereof, should not be used in evidence.
Ethan Allen, soon to become one of the most prominent actors in this controversy, was attending suits at Albany when this decision was made. Being urged by some of the officials there to use his influence with the settlers to induce them to make the best terms they could with their New York landlords, and reminded that "might often prevails against right," Allen replied, in the Scriptural language which he was so fond of employing, that "the gods of the valleys were not the gods of the hills;" and when asked by the attorney-general to explain his meaning, answered that, "if he would accompany him to Bennington Hill, it would be made plain to him."[36]
Thus debarred from obtaining justice in the courts, the people, assembled in convention at Bennington, "resolved to support their rights and property in the New Hampshire Grants against the usurpations and unjust claims of the Governor and Council of New York by force, as law and justice were denied them."[37]
A more thoroughly organized resistance was now opposed to all attempts of the New York officers to make arrests or serve writs of ejectment. Surveyors who undertook to run the lines of New York grants across lands already granted by New Hampshire were compelled to desist. A sheriff could not come so secretly that vigilant eyes did not discover his approach, nor with so strong a posse that, when he attempted to execute his duties, he did not find a formidable force gathered to resist him. If he persisted, he was, in Allen's quaint phrase, "severely chastised with twigs of the wilderness," though the "blue beech" rod, whose efficacy in reducing a refractory ox to submission had been so often proved by the rough yeomen of the Grants, and which they now applied to the backs of their oppressors, could hardly be termed a twig. This mode of punishment, with grim humor, they termed the "beech seal."
A proclamation was issued by the governor of New York for apprehending some of the principal actors, and in the January (1770) term of the court at Albany several of the inhabitants of Bennington were indicted as rioters, but none of them were arrested.
Each party in the quarrel accused the other of being incited by the greed of the land-jobber and speculator, and no doubt there was some foundation for the charge, even on the part of the New Hampshire grantees. But with them, as against an aristocracy of monopolists, were the sympathies of the yeomen of New York, who, when called upon to enforce the authority of their own officers against their brethren of the Grants, held aloof, or feebly rendered their perfunctory aid.
Sheriff Ten Eyck, being required to serve a writ of ejectment on James Breckenridge of Bennington, called to his aid, by order of the governor, a posse of 750 armed militia. About 300 of the settlers, being apprised of his coming, assembled to oppose him. Nineteen of them were posted in the house; the others, divided in two forces of about equal number, were concealed along the road by which the sheriff and his men were advancing, and behind a ridge within gunshot of the house. Unsuspicious of their presence, the sheriff and his men marched to the house and were within the ambuscade. On threatening to make forcible entry, the sheriff was answered by those within, "Attempt it and you are a dead man." The ambuscading forces now made their presence known, and, displaying their hats upon the muzzles of their guns, made a show of twice their actual strength. The sheriff and his posse became aware of their dangerous position, and as one of the first historians of Vermont, Ira Allen, quaintly remarks, "not being interested in the dispute," and Mr. Ten Eyck remembering that important business required his immediate presence in Albany,[38] they discreetly withdrew without a shot being fired on either side.[39]