had never been touched by any hand before. There will be found around his shieling, unbroken silence, save when the stroke of his axe awakens the echo, or the howl of the wolf disturbs the dull ear of midnight. In the midst of all his labors, as well as his pastime, he is compelled to be ready with the loaded musket to repel the lurking savage. "You see a man of a very fine, and even majestic, appearance. Though tall and muscular, so compactly and finely set are his limbs that his contour presented nothing to the eye in the least disproportioned or ungainly. His features seem to correspond in regularity of formation to the rest of his person, while his countenance is rather of the cool and deliberate cast, indicative, however, of a mild, benevolent, disposition, as well as a sound, and reflecting intellect. Every development, indeed, whether of his shapely head or manly countenance, goes to show a strong, well-balanced character, and one capable of action beyond the scope of ordinary men."*

It is said by cotemporaries who have seen him at the head of his brave "Green Mountain Rangers," armed and equipped for duty, that no man could bestride a horse with more grace and dignity than he. With a broad and intellectual forehead, relieved with a profusion of nut-brown hair, and with sparkling blue eyes beaming forth under eye-brows most beautifully arched, his physiognomy gave unmistakeable signs of an intelligent, courageous and energetic man.

Such was the skillful huntsman and the practical botanist, before the blast of War blew in the ears of the early settlers of the New Hampshire Grants. Continuing to use his quick eye-sight and steady arm in hunting after game in the forests, and indulging his scientific taste in the dells and dingles where medicinal plants were most abundant, he became widely known as one upon whose usefulness and humanity, reliance could be reposed. And thus was laid the basis of that reputation which, in aftertimes, rendered him so influential and powerful for good when "the slings and arrows of outrageous Fortune" were hurtled at those who, like himself, had pitched their tents among the green hills of Vermont. Here, among the mountains and valleys of the so called "Switzerland of

*See the Green Mountain Boys," page 18.

America," the love of Nature shone in his soul, as undying lustre glistens in the diamonds which sparkle in the diadem of Beauty! Here, in the valleys of Vermont, through which messages are now sent by the aid of a power which outstrips even the sun in its flight, and here, among the mountains, where the iron-horse now puffs its way, with untold wealth following reluctantly in its wake, once lived and loved that man whose heart overflowed with the love of Freedom for which all huntsmen are proverbial, and whose soul was fired with that enthusiasm which burns brightly and gloriously in the breast of every devotee of Natural History. Truly this Vermont was a fit place to nurture such qualities of the head and heart.

"Hail, land of Green Mountains! whose valleys and streams
Are as fair as the muse ever pictured in dreams;

Where the stranger oft sighs with emotion sincere,

Ah! would that my own native home had been here!"

Hail, land of the lovely, the equal, the brave,

Never trod by the foe, never tilled by the slave;

Where the love of the world to the hamlet is brought,
And speech is as free as the pinions of thought."

The controversy between the Governors of New York and New Hampshire, relative to jurisdiction over the territory now constituting the State of Vermont, was, meanwhile, in no wise abated.That there was an acrimonious spirit gradually growing up between the two Colonies, the following extract from Gov. WENTWORTH'S Proclamation will demonstrate:

"For political reasons, the claims to jurisdiction by New York might have been deferred, as well as the strict inquisition on the civil power to exercise jurisdiction in their respective functions as far as the Eastern banks of Connecticut River.* * * To the end, therefore, that the grantees now settled and settling on those lands under His late and present Majesty's charters may not be intimidated, or any way hindered or obstructed in the improvement of the lands so granted, as well as to ascertain the right and maintain the jurisdiction of His Majesty's government of New Hampshire as far Westward as to include the grants made:

I have thought fit, by and with the advice of His Majesty's Council to issue this Proclamation, hereby encouraging the several grantees, claiming under this Government, to be industrious in clearing and cultivating their lands agreeably to their respective grants.

And I do hereby require and command all civil officers within the Province, of what quality soever, as well those that are not, as those that are inhabitants on the said lands, to continue and be diligent in exercising jurisdiction in their respective offices, as far Westward as grants of land have been made by this Government; and to deal with any person or persons that may presume to interrupt the inhabitants or settlers on said lands as to law and justice do appertain; the pretended right of jurisdiction mentioned in the aforesaid Proclamation notwithstanding. Given at the Council Chamber in Portsmouth, the 13th day of March, 1764, and in the fourth year of His Majesty's reign.

B. WENTWORTH.

The controversy, thus begun by gubernatorial proclamation, was

continued with much bitterness for a period of fifteen years. In 1764, the matter in question was decided by Imperial decree in favor of New York, and the claim of that government to jurisdiction extending to the East as far as Connecticut river, was confirmed. "His Majesty was pleased, with the advice of his Privy Council, to approve of what is therein proposed, and doth accordingly hereby order and declare the Western banks of the Connecticut river, from where it enters the Province of the Massachusetts Bay, as far North as the 45th degree of North latitude, to be the boundary line between the said two Provinces of New Hampshire and New York. Wherefore, the respective Governors and Commanders of his Majesty's said Provinces of New Hampshire and New York, for the time being, and all others whom it may concern, are to take notice of His Majesty's pleasure and govern themselves accordingly."

To this royal decree, different and widely variant construction was given. The settlers on the New Hampshire Grants considered that its fair operation was to place them under the future jurisdiction of New York. The government of that Colony, on the contrary, contended that the order had a retroactive and retrospective bearing, and determined not only what should be, but what always had been, the geographic limits of the Colony of New York. The settlers on the New Hampshire Grants inferred that the royal decree could in no wise affect their land-titles, or any past contracts. The New York authorities, taking a different view of the royal decision, insisted that the grants made by the government of New Hampshire were unauthorized by the Crown, and were, of course, illegal and consequently void. If the same interpretation. had been given to the royal decree by the authorities of both Colonies, all historians unite in saying there would have arisen no controversy like that which was carried on with great acrimony from the year 1763 to 1775.

The order of the 20th July 1764, created disaffection among the settlers on the New Hampshire Grants, of whom SETH WARNER was an acknowledged leader. At the outset, the order was regarded as extending the jurisdiction of New York over their ter. ritory, commencing with the date of said decree; and in this they were willing to acquiesce. But not apprehensive that the titles

to their farms could be at all affected, they were astonished when they were summoned to re-purchase or abandon the lands they had received by grant from the Crown. The Governor of New Hampshire interposed his remonstrance, complaining of a change of jurisdiction. As the remonstrance proved ineffectual, like a shrewd politician, who knows instinctively which is the stronger side of any question, and who has, like Orator Puff, two tones to his voice, he complacently "recommended to the proprietors and settlers, due obedience to the authority and laws of New York."

Soon after the issuing of this mild recommendation, the Government of New York proceeded to divide the territory into Counties, and to establish Courts and County seats. The Grants were organized into four Counties-Charlotte and Gloucester on the North, and Albany and Cumberland on the South; and this organization was continued until the Declaration of Independence on the part of Vermont in, 1777. Those settlers who peremptorily refused to surrender their charters, pursuant to the claims of the New York authorities, were sued before these Courts. As the judgments which were rendered were simply the echoes of the gubernatorial voice, and as the plaintiff was certain to be successful in his suit, no alternative was presented to the defendants, but either to re-purchase the farms once paid for, or to surrender the earnings and betterments of their industry to new claimants under New York titles.

All efforts to execute judgments obtained in these Courts, where it was decided that duly authenticated copies of royal orders to the Governor of New Hampshire, and of the grants made pursuant to those orders, should not be read in evidence, were commonly useless. Generally they were unavailing, and oftentimes were attended with mirth-compelling and disastrous consequences. For the purpose of rendering such resistance effectual, various associations were formed, and at a Convention holden in Bennington, an agent was appointed to go to the Court of St. James, and, representing the onerous grievances of the settlers, pray for a confirmation of the grants made by the Governor of New Hampshire. The result of his mission was an order from His Majesty, strictly charging, requiring and commanding "the Governor or

Commander in Chief of His Majesty's Province of New York, for the time being, upon pain of His Majesty's highest displeasure, not to presume to make any grant whatsoever of any part of the lands described in the Report of the Board of Trade, until His Majesty's further pleasure concerning the same shall be known.”

This prohibition was explicit enough. The Governor of New York continued, however, to make further grants. Writs of ejectment were prayed out by lawyers, whose bread depended upon "fat contentions and flowing fees," and inasmuch as no legal defence was tolerated, the settlers were driven to the last resort, as the only remaining alternative.

"Hitherto," say the Vermont State papers, "New York had founded her claim to the lands in question, on the grant to the Duke of York. Not choosing, however, longer to rely on so precarious a tenure, application was made to the Crown for a confirmation of the claim. This application was supported by a petition, purporting to be signed by a great number of the settlers on the New Hampshire grants, representing that it would be for their advantage to be annexed to the Colony of New York, and praying that the Western bank of Connecticut river might be established as the Eastern boundary of that Province."

In an article in the Connecticut Courant, published in April, 1772, there is a frank, and perhaps just, commentary on the strategy employed by the then Albany Regency, to acquire jurisdiction over the New Hampshire Grants. I transcribe the gist of said publication, as throwing some light on the subject of my present discourse:

* * * * "The fallacious policy, made use of in New York to obtain the jurisdiction, has given great umbrage to the said inhabitants. The Yorkers sent spies through the said country, and by one pretence or other, found out the names of the said inhabitants, and then, unknown to them, affixed their several names to a petition requesting His Majesty and Council to confirm and annex them to the Province of New York. This legerdemain was undoubtedly the cause of their extending their jurisdiction to the banks of Connecticut river. If so, it is probable, as the evidence of this fact was sent to His Majesty and Council last Summer, it will be the cause why His Majesty and Council should alter the jurisdiction to New Hampshire.

"Again; be this as it will, the unreasonable and inhumane use the Yorkers have made of the powers of jurisdiction since they obtained it, has given more trouble, disquietude and uneasiness than their first detestable way of obtaining it. Certain designing men in New York, having purchased patents from that Province and lapped them on patents antecedently granted under the great seal of the Province of New Hampshire-which antecedent patents were settled by the New Hampshire grantees, prior to the dates of said patents under the great seal of the Province of New York, notwithstanding the New York grantees have brought sundry writs of ejectment against the New Hampshire grantees and actual settlers, and having