Ethan Allen, the Robin Hood of Vermont

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.

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