country, inviting them to lay before him the causes of their illegal proceedings; assuring them, that both he and the council were disposed to afford them such relief, as the situation and circumstances of the people would justify; and engaging full security and protection, to any persons they might choose to send to New York on the business, except Allen, Warner, and three others. Letters were written on this occasion to governor Tryon by the inhabitants, and by the excepted persons, in explanation of their conduct and principles; and Capt. Stephen Fay, and Mr. Jonas Fay, were chosen to wait upon the governor at New York, to negotiate the business. Upon their return, they reported that the governor received them with expressions of kindness, and laid the state of their grievances before the council; who made report, that they were desirous that his excellency should afford the inhabitants of those townships, all the relief in his power, by suspending until his Majesty's pleasure should be known, all prosecutions in behalf of the crown, on account of crimes with which they stood charged; and should recommend it to the owners of the contested lands, under grants from New York to put a stop, during the same period, to all civil suits concerning those lands.* But no measures or attempts of this kind, could avail, or be attended with any permanently good effects, while the original cause of contention remained. The whole property of the settlers, was the matter in contest. Their attempts to preserve this, appeared to them, not only justifiable, but Allen's Narrative, p. 49-68: becessary, and highly meritorious; as being designed to preserve all, that man in any case, ever could have to defend. To the government of New York, their conduct appeared in a very different light, as acts of treason, and rebellion, perpetrated by lawless and violent men, in open and avowed opposition to the laws of their king and country. WHILE these different views of the controversy remained, the measures of both sides, instead of operating to remove the causes of contest, tended to increase the animosity, and to bring on a state of more open hostility. So high had the spirit of opposition and resentment arisen, in the course of these proceedings, that in 1774,† the government of New York passed an act, the most minatory and despotic, of any thing which had ever appeared, in the British colonies. Among other extraordinary exertions. of vindictive power, it contained this singular clause "And in case the said offenders, shall not respectively surrender themselves pursuant to such orders of his excellency the governor, or of the governor and commander in chief for the time being, to be made in council as aforesaid; he or they so neglecting or refusing to surrender himself, or themselves as aforesaid, [i. e. within the space of seventy days next after the first publication of the order] shall, from the day to be appointed for his or their surrendery as aforesaid, be adjudged, deemed, and (if indicted for a capital offence hereafter to be perpetrated) to be convicted and attainted of felony, : + March 9. Allen's Narrative, p. 23-36. VOL. II. C and shall suffer death, as in cases of persons convicted and attainted of felony by verdict and judgment, without benefit of clergy; and that it shall and may be lawful to, and for the supreme court of judicature of this colony, or the courts of oyer and terminer, or general gaol delivery, for the respective counties aforesaid, to award execution against such offender or offenders, so indicted for a capital offence, perpetrated after the passing of this act, in such manner as if he or they had been convicted or attainted in the supreme courts of judicature, or before such courts of oyer and terminer, or general gaol delivery respectively." All crimes committed on the grants, were by this act subject to be tried in the county, and by the courts at Albany. At the same time, a proclamation was issued by the governor of New York, offering a reward of fifty pounds a head, for apprehending and securing Ethan Allen, Seth Warner, and six others, of the most obnoxious of the settlers. WITH this act, all prospect of peace, or submission to the government of New York, ended. At a general meeting of the committees for the townships, on the west side of the green mountains, it was resolved :* " That for the future, every necessary preparation be made, and that our inhabitants hold themselves in readiness, at a minutes warning, to aid and defend such friends of ours, who, for their merit to the great and general cause, are falsely denominated riot. ers; but that we will not act any thing, more * April 14, 1774. Page 22. or less, but on the defensive, and always encourage due execution of law, in civil cases, and also in criminal prosecutions, that are so indeed; and that we will assist, to the utmost of our power, the officers appointed for that purpose." The proscribed persons carried the matter still further, and in an address to the people of the county of Albany, and others who were situated contiguous to the New Hampshire grants, made this public declaration : We will kill and destroy any person or persons whomsoever, that shall presume to be accessary, aiding or assisting in taking any of us." To avoid the government of New York, a plan was contrived about this time, by some of the inhabitants and Philip Skeen, to have the New Hampshire grants formed into a royal government, as a new province, Skeen, was a colonel in one of the king's regiments, and had large possessions on lake Champlain. To effect his designs, he went to the court of Great Britain, and seems to have met with some success. On March 16th, 1775, he wrote to one of the agents, that he was appointed to the government of Crown Point, and Ticonderoga; and should soon call upon all the Hampshire inhabitants, for an address, to shew their loyalty to the king; and he had no doubt, but they would shew themselves to be as loyal subjects, as he had represented them.† AN event took place in the spring of the year 1775, which served still further to exasperate all parties. In consequence of the proceedings of * April 16. Page 45. Skeen's letter to Capt. Hawley, dated London, March 16, 1775 the British court, the American colonies had met in Congress, Sept. 5, 1774; and the Congress had advised the people to maintain their liberties, in such ways as should be found necessary. The courts of justice, which were held under the royal authority, in all the adjacent provinces, were either shut up, or adjourned without doing any business. The court in Cumberland county, was to have been holden at Westminster, on March 13th, 1775. Some of the inhabitants of that, and the adjacent towns, took possession of the court house at an early hour, to prevent the officers of the court from entering. Being refused admittance at the customary time of opening the court, the judges returned to their quarters: About eleven o'clock at night, the sheriff with the other officers of the court, attended by an armed force, repaired to the court house. Being refused admittance, some of the party fired into the house, killed one man, and wounded several. The people were inflamed to the highest degree, by this rash proceeding. The next day they assembled in large numbers, from all quarters: A coroner attended, and a jury of inquest brought in a verdict, that the man was murdered by the court party. Some of the officers were made prisoners, and carried to the gaol at Northampton, in Massachusetts: But upon their application to the chief Justice of New York, they were released from their confinement, and returned home.* Highly irritated by this event, the committees of a large body of the people met at Westminster, April * Narrative of the Maffacre at Westminster Court House, by Reuben Jones. |