E 207 .A4M8 LIBRARY OF CONGRESS DDDDSSDlDtiH t -ov* 4 o -»■• MEMOIR -^ a ■^ ^. OP ®©2,-» i^SIAIf ^S^SLllJg CONTAINING THE MOST INTERESTING INCIDExNTS CONNECTED WITH HIS PRIVATE AND PUBLIC CAREER, BY HUGH MOORE. PLATTSBURGH, N. Y. ^ PUBLISHED BY O. R. COOK. 1834, Entered according to act of Congress^ in the year 1833, by Orkin Randolph Cook, in the Cleric's Office of the District Court of the United States, for the Soxithcrn> District of JVeiv York, F. p. ALLEN, PR. PLATTSBUECIL INTRODUCTION. The human mind is ever eager in the pur- suit of knowledge — ever awake to the inci- dents of hfe, as they spring into existence from the actions of mankind: and, perhaps, nothing is more deeply interesting, than the impressions given us by the '' deeds of noble daring," achieved by those brave and patri- otic men who breasted the current of oppres- sion, in the days of trial, and periled their " hves, their fortunes and their sacred hon- ors" in defence of their country's liberties. It is well, then, to transmit to posterity, as an inheritance worthy of preservation, the les- sons our fathers have taught us, and the ben- efits they have conferred upon mankind. — Earth contains no brighter treasure, than the imsulhed lustre of patriotism — and a coun- try, hke our own, can boast no dearer feeling than the veneration she may entertain for the valour and bravery of her sons. IV lNTRODtJCTIOIS^ The American Revolution called forth th& latent energies of many individuals, who would, in a more peaceable state of political affairs, have slumbered in obscurity, and gone down to the grave unhonored and un- known. The very nature of the policy of Great Britain towards this country — a policy every way tyrannical and oppressive — was calculated to call into action the efforts of every friend of liberty. It was an attempt to strip us of our rights, and manacle us with the fetters of slaverv — an envenomed thrust of the adder towards the breast of the inno- cent and the weak. But, thanks to the spirit which prevailed among our fathers — thanks to the patriotism which then vv^armed the hearts of the people — the mercenaries of a foreign pov^^er were unequal to the task of accomplishing the designs of their masters. Our population rallied to the calls of the brave and wise men of our country, imbued with a spirit worthy the little band which de- fended the Pass of Thermopylae. They fought and they conquered ; and their de- clining years were cheered with the knowl* edge that the country for which they had iNTRODUCTlQN. V struggled so long and fearfully, was prosper- ous and happy, and that their deeds were fondly remembered. Perhaps no individual, of equal advan-^ tages, and the station he occupied in life^ contributed more towards establishing the independence of our country, than Ethan Allen, the subject of this memoir. The mass of the people among whom he resided, were rude and uncultivated ; yet bold in spir- it and zealous in action. It, consequently y followed, that no one, save a man of strong natural endowments — of much decision, en- ergy and bravery, could control their preju- dices and inchnations. Habit had rendered them familiar with danger, and impatient of restraint : hence, it followed, that no pohcy, unless proceeding from a source in which they had confidence, ever gained their ap- probation. Upon Allen, whose courage wa-s undoubted, and whose zealous devotion to their interests was universally acknowledged, they implicitly relied. They had known him in adversity and prosperity — they had weigh- ed him, and found nothing lacking. To' friend or foe, he was ev^r the same unyieli* VI INTRODUCTION. , ing advocate of the rights of man, and uni- versal liberty. The policy, therefore, he up- held, as beneficial to the common cause of American liberty, ever found strong and effi- tient supporters in the friends with whom he associated, and by v/hom he vv^as known. From the commencement of our Revolu- tionary struggle, until its final close, Ethan- Allen proved a zealous and strenuous sup- porter of the cause. Whether in the field or the council — whether at home, a freeman among the mountains of Vermont, or loaded with the manacles of despotism, in a foreign country, his spirit never quailed beneath the sneer of the tory or the harsh threats of in- solent authority. A stranger to fear, hi» opinions were ever given without disguise or hesitation : and, an enemy to oppression, he sought every opportunity to redress the wrongs of the oppressed. It is not to be supposed^ however, that he was faultless : Like otlier men, he had his errors — like oth- er men, his foibles t Yet he was not wilfully stubborn in either.. When convinced of an erroneous position,, he was ever wilhng to yield a victory : but, ia theory, a& in prac- INTRODUCTION^ VII tice, lie contested every inch of ground ; and only yielded when he had no weapons left to meet his antagonist. This trait in his char- acter serves, at least, to prove, that he was honest in his conclusions, however erroneous the premises from which they were deducted. Much error of opinion prevails among all classes of individuals, in relation to the char- acter of Col. Allen, at the present period. — He is generally viewed as a coarse, ignorant man, void of all the social feelings, and arro- gant in all his pretensions. Even Mr. Dwight in his " Travels in Nev/-England," reports him in this light ; and deems him only worthy a brief and unjust notice in his work. In what manner Mr. Dwight came in possess- ion of the facts upon which he predicated his conclusions, is beyond the knowledge of the author of this Memoir : but, certain it is, he has materially misrepresented the moral principles, and, in fact, the general character of Col. Allen, it is presumed, however^ that Mr. Dwight, like many other travellers, drew his inferences from the gossip of the people among whom he associated, without being at the trouble of extending his enqui* Vilf INTRODUCTION. ries to a source from whence he might have derived every material fact in relation to the subject. In making this suggestion,, the au- thor would not be understood as attaching any particular blame to Mr. Dwight : but merely as correcting ^.n error of opinion which is quite too prevalent in our country. The author much regrets the absence of many important facts, which, could he have obtained them, would have given additional interest to the work : He has the satisfaction, however, of knowing, that many interesting particulars are furnished which have never before appeared in print. The reader will? also, find a correct history of the Controversy between the States of Mew-York and Vermont, in which Col. Allen bore a conspicuous part, together with a number of Original Letters, obtained from the Secretary's Office of the State of New-York. For a large proportion of the facts in the Memoir, the author is indebt- ed to the Vermont State Papers, Thompsoii's History of Vermont, and to " A Narrative of CoL Ethan Attends Captivity,'^'' written by hini^ self, and published at Walpole, N. H., in the year 1807-— the details of which he has avait INTRODUCTION. IX ed himself of, so far as was compatible with the design of the present work. He is, also, indebted to the kindness of several individu- als, in Vermont, who have assisted him in col- lecting many important incidents connected with the public and private life of Col. Allen. In some few instances, perhaps, he has fallen into shght errors in regard to the data of the difterent events in which Col. Allen was concerned : and, perhaps, a few unimpor- tant statements may be partially erroneous t In the aggregate, however, they will be found well authenticated, and worthy of reliance. As the author is urged, in this undertaking, almost wholly by a desire to rescue many im- portant historical events from oblivion, and to perpetuate the services rendered our com- mon country, by an individual who now sleeps in the tomb, he trusts his labours will prove a welcome offering to his fellow-citi- zens HUGH MOORE. Plattsburgh, N. Y., Dec. 9, 1833. MEIVIOIR. Joseph Allen, the father of Ethan, was a native of Coventry, Connecticut, and resided in Litchfield, where Ethan was born, in the year 1739. The family consisted of eight children : Ethan, Heman, Lydia, Heber, Le- vi, Lucy, Zimri, and Ira. Ethan was twice married : His first wife died at Sunderland, Vt. ; and his second (the wife of Dr. Penni- man, of Colchester,) is still hving. Joseph Al- len, was a sober, industrious farmer, in mod- erate circumstances, and of good character. Of his peculiarities, little or nothing is known at the present time. And, in fact, but few inci- dents, connected with the early life of Ethan, are extant. We are apprised, however, that his education, like that of a great majority of the people of that period, w^as quite limited — owing to the fact, that very few schools were then in operation. The necessity, therefore, of a thorough education, w^as but little understood by the primitive settlers of the country, v^ho gave more attention to the common labors of life, than to the spread of scientific information. Notwithstanding thes6 difficulties, however, a vast fund of useful 12 MEMOIR OP Jinowledge was treasured up by many indi- viduals ; and by none was the subject more devotedly attended to, than by young Allen. Ambitious to prove himself worthy of notice, and of that attention which superior intellect ever commands, he diligently explored every path leading to important points, and min- utely criticised every subject which came be- neath his notice, A warm attachment to lib^ erty, and to the natural rights of mankind, was a prominent characteristic of his youth ; and, when arrived to the age of manhood, he no longer forbore to express himself freely and boldly in relation to the oppressive policy of Great Britain towards the people of the American Colooies. '** Ever since i arrived to a state of mariliood,^' he observes in the Narrative of his Captivity, ''' and acquainted myself with the general history of mankind, I have felt a sincere passion for liberty. The history of nations, doomed to perpetual slave- ry, in consequence of yielding up to tyrants their natoral-born liberties,! read with a sort of philosophical horror.'^ To such senti- ments as the foregoing, is to be attributed the zeal v/ith v/hich he sought, on every occa- sion, to instil, into the minds of his associates, an aversion for the political power by wdiich the Colonies were controlled, and the people held in thraldom. Convinced that man was designed, by nature, to be the umpire of his own actions, and that he was fitted to act for COL. ETHAN ALLEN. 13 himself in matters connected with the meas- ures of the country in which he hved, he en- tertained, as he uniquely observes, a " philo- sophical horror" of every species of tyranny and oppression. It is not singular, therefore, that the friends of the American Revolution found, in him, an efficient leader, ready for any emergency and any danger ; and that, wherever any evils existed, weighing upon the interests of the community in which he lived, he was ever the first to apply the lan- guage of persuasion, or the rod of correction. We hear httle of Col. Allen, until vv^e find him a resident in the New^-Hampshire Grants — now the State of Vermont. At the period of his removal to this State, a controversy was pending between the settJers, and the authority of New- York, in relation to the va- lidity of the original titles of their lands, and other matters connected with their rights and o property. The first settlements w^ere made under grants from the Provincial Govern- ment of Massachusetts ; but, by a recommen- dation of King George II., in thn vear 1740, the territory was placed under the jurisdic- tion of New-Hampshire. A correspondence, however, was opened between the Governors of New-Hampshire and New- York, in which the latter claimed exclusive jurisdiction over the territory. Notwithstanding this claim, the former proceeded to make further grants ; and, by advice of his Council, in the year 1760, 2 14 MEMOIR ,QP ordered a siirve}^ of Cojinectfcut River for sixty miles. The applioations for lands be- ing numerous, pther sury^eys rapidly followed ; and during the year 1763, about sixty town- ships were granted. In return for these granitg, the Governor was liberally paid by the set- tlers, receiving, besides the fees allowed by law, a roservation of five hundred acres, in each township, for. himself. This state of affairs excited the jealousies of the govern^ mentof New-York— who determined, if pos.- sible, to check the operations of the Govern- or of New-Hampshire. In view of this re- sult, the Lieutenant-Governor of New-York, issued a proclamation, in which he referred to the grants made by Charles II. to the Duke of York, in 1664, which embi'aced '' all the lands from the West side of Connecticut River, on the East side of Delaware Bay." Relying upon this title, to the territory, hjs ordered the Sheriff of Albany to return the names of every person occupying laiids on the West side of Connecticut River, under the New-Hampshire titles. In answer to this Proclamation, the Governor of New-Hamp- shire issued a counter one, in which the grant to the Duke of York was declared obsolete. The settlers were exhorted to be diligent and industrious ; and not to fear the threats of the New-York authority. In this state of things, application v/a^ made, by New-York, directly to the pro wn, for a epnfirmation of CJbL. ETHAN ALLEN. 15 her claims f and^= in consequence of this ap- plication, the King ordered that the " West- ern bank of the Connecticut River, from where it enters the Province of Massachu- setts Bay, as far North as the 45th degree of North latitude, be the boundary line between the said provinces of New-Hampshire and Vermont."'^'' This decision surprised a:id dis- concerted the settlers on the grants, yet it produced no serious alarm. It was merely regarded as extending the jurisdiction of New- York over the territory, without affect- ing, in any manner, their title to the lands Upon which they had settled— having paid for them, and obtained deeds of the same under the Crown. The Governor of New- Hampshire, at first, remonstrated against the decision of the Kingv in relation to ex- tending the jurisdiction of New-York : but finally submitted to the change, and issued a Proclamation to that effect. The government of New- York, immedi- ately after the decision of the Crown, pro- ceeded to extend its jurisdiction over the New-Hampshire Grants : dividing the terri- tory into four Counties, and establishing Courts of Justice in each.* The settlers were imperatively commanded to surrender their charters and re-purchase their lands under grants from New- York. A few com- * Allen's History of Vermont, 16 MEMOIR OF plied with this order ; but a large majority peremptorily refused. The lands of those who non-complied, were granted to others ; in whose names, writs of ejectment were is- sued, and judgments obtained in the New- York Courts. A determined resistance was made, by the settlers, against these unjust and arbitrary measures : and, for the pur- pose of rendering this resistance more ef- fectual, a number of associations of the peo- ple were formed, and a Convention finally called, composed of Representatives from the different towns on the West side of the Mountain. After much deliberation, the Convention appointed Samuel Robinson, an Agent, to represent to the King, the griev- ances suffered by the settlers, and to obtain a confirm.ation of the New-Hampshire grants.*' The report of the Agent was fa- vorably received by the King : " His Majesty was pleased, with the advice of his Private Council, to approve thereof, and doth hereby strictly charge, require and command, that the Governor or Commander-in-Chief, of his Majesty's Province of New-York, for the time being, do not, upon his Majesty's highest dis- pleasure, presume to make any grant, what- soever, of any part of the lands described in the said report, until his Majesty's further pleasure shall be known, concerning the * Williams' History. COL. ETHAN ALLEX. 17 same." This explicit prohibition of the King, however, was of httle or no avail : The gov- ernment of New-York continued to make grants, and writs of ejectment were issued as formerly. Thus compelled to resort to more effective Measures than mere argument, the people assembled in Convention, at Benning- ton, and '' Resolved to support their rights and property under the New-Hampshire grants, against the usurpation and unjust claims of the Governor and Council of New- York, BY FORCE, as lav/ and justice were de- nied them."* The adoption of this resolution v/as fol- lowed by a resolute and spirited resistance to the Civil Officers of New- York : Many of them were seized by the people, and severe- ly chastised with '' twigs of the wilderness P — '•^ A military association Vv^as, also, formed, of which Ethax Allen was appointed Colo- nel Commandant, and Seth Warner, Re- member Baker, Robert Cochran, GmEON Warner, and others, appointed Captains. — Committees of safety were, likewise, appoint- ed in several towns West of the Green Mountains.t On the other side of the questiori,the an- thorities of New-York directed the Sheriff of Albany to raise the posse comitatus^ to assist ia the execution of his office ; and a " Proo ♦Allen's History, t Allen's Hiatory. 2* 18 MEMOIR OF lation was issued, by the Governor of New- York, ofiering a reward of one hundred and fifty pounds for the apprehension of Ethan Allen, and fifty pounds each, for the appre- hension of Seth Warner, and five others.— Allen, and the other proscribed persons, in their turn, issued a Proclamation, ofiering five pounds for apprehending, and dehvering to anyoflicerof the Green iMountain Boys, the Attorney General of the Colony of New- York;^*= At this crisis of the controversy, the Gov- ernor of New-York addressed a communica- tion to '' the Rev. Mr. Dewey, and the inhab- itants of Bennington, and the adjacent coun- try, on the East side of Hudson's River,^' in which he unequivocally pointed out what he termed the '' illegal acts" committed by the settlers against the authority of New-York. He, also, extended an invitation to Mr. Dew- ey to lay before the government the causes of the proceedings. '' That there may be no obstruction," observes the Governor, " to your laying before me, in Council, as soon as possible, a fair representation of your con- duct, I do hereby engage full security and protection to any persons whom you shall choose to send on this business, to New- York, from the time they leave their homes to thjs time of their return, except Robert Cochran, • Allen's History. COL. ETHAN ALLE^. 19 as also Allen, Baker and Sevil, mentioned in my Proclamation of the 9th of December last, and Seth Warner, whose audacious be- haviour to a Civil Magistrate, has subjected him to the penalties of the laws of his coun- try." To this communication, a firm and res- pectful answer was returned, detailing the op- pressions under which the settlers suffered, and beseeching his Excellency to be friendly disposed towards them, and lend his assist- ance to quiet them in their possessions, until his Majesty, in his royal wisdom, should b^ graciously pleased to settle the controversy. And, in addition to this, the following special communication was made to the Governor, at the same time : " Bennington, June 5th, J 772, To His Excelhicy^ Willl\m Tryon, Esq, S>cc. May it please your Excellency^ — We, his Ma- jesty's loyal subjects, whose names are to this piece affixed, inhabitants on that tract of land, your Excellency describes by the name of Bennington^ and the adjacent coun- try, &c. and who was, by your Excellency's letter of the 1 9th of May last, prohibited the privilege of going to JVew-York^ and person- ally vindicate either ourselves or country, be- fore your Excellency, and being put to the extremity of informing your Excellency by writing, the reason of our discontent, and ai- 80 of our behaviour, which we shall mora 2^ MEMOIR OF laTgely set forth, than is in the foregoing gen- eral answer to your Excellency's letter ; and also exhibit more arguments deduced from reason and the nature of things ; we hope your Excellency will be graciously pleased to view this our defence with that tenderne^ and candor, a gentleman in so elevated a sta- tion should do, and, therefore, beg leave to observe, that, as, on the one hand, no consid- eration whatever, shall induce us to remit, in the least, of our loyalty and gratitude to our most gracious Sovereign, nor of a rea- sonable submission to your Excellency ; so on the other hand, no tyrannical exertions of tlie powers of the government, can deter us from asserting and vindicating our undoubt- ed rights and privileges as Enghshmen. We expected an answer from your Excellency, to our humble petition to you dehvered, soon after your Excellency's accession to the ad- ministration of the government ; but for rea- sons to us unknown, your Excellency passed it by in silence. However, we cheerfully em- brace this opportunity of laying before your Excellency in Council, the true state of our controversy, which, we can no otherwise do^ but by absorbing our personal distinction into the community, and general cause, to which we have obtained the character of faithful. We assure your Excellency that we assent to your authority of jurisdiction, in as much as his Majesty's Proclamation assures us, it ia COL. ETHAN ALLEN^ 21 his will and pleasure, we be under the juris- diction of JS'ew' York ; and not only now as- sent to it, but have ever done the same, ex- cept in instances where such perverse use has been made thereof, as would dispossess us of our property and country. We are tru- ly desirous, and petitioning his Majesty to re- annex us to the Province of JVew-Hampshire, But this is not the ground of our discontent, or at least, is far from being the principal ground of it, though it was d.one ex parte ^ and we apprehend there were more or less wrong representations made to his Majesty, to ob- tain the jurisdiction. However, it is the un- reasonable and unconstitutional exercise of it, that is the present bone of contention — our properties are all at stake ; this we con- tend for, as the foUowing known facts will demonstrate. A certain number of designing men in JYew-York (and elsewhere) procured patents under the great seal of that Province, and those grantees, being non-residents, brought writs of ejectment againt the JVei^- Hampshire settlers on the same land, covered by both patents, as aforesaid, and obtained judgment against them, and proceeded fur- ther and took out writs of possession, and actually dispossessed several of them by or- der of Law, of their houses and farms, leav- ing them to suffer the inclemency of the weather, bereaved of all the necessaries of life, their new masters having monopolized 22 MEMOIR or their eartMy all, to themselves, 'these in- digent families havirig,, in the fir^t place, ex- pended their several fortunes, in bringing their farms out of a wilderness state, into that of fruitful fields, gardens and orchards ; the whole country, consisting of more than fif- teen hundred families, was greatly alarmed at the event which had already began to take place, and in the greatest consternation ; each individual^ from these instances, reading their own intolerable and universal destruc- tion. — Still the writs of ejectment came thick- er and faster, and universal slavery, poverty and horror, emblematically appeared in every countenance. Thus, things having come to this pass, the oppression was too great for human nature, under English Constitution, to grope under, for those unparalleled instances strtick an infinitely more terrible idea, than that of the exertion of the Powers of Government. Laws and society compacts were made to protect and secure the subjects, in their peaceable possessions and properties, and not to subvert them. No person or commu- nity of persons can be supposed to be under any particular compact or Law, except it pre-supposeth, that that Law will protect such person or community of persons in his or their properties ; for otherwise, the sub- ject would, by Law, be bound to be accesso- ry to his own ruin and destruction, which is COL. ETHAN ALLEN, 23 incoHsisteet with the Law of self preserva- tion ; but this Law being natural as well as eternal, ,can never be abrogated by the Law of men. We would acquaint your Excellency, that since our misfortune ,of being annexed to the Province o^ JYeiv-York^ Law has been rather used as a tool (than ft rule of equity) to cheat us out of the country, we have made vastly valuable by labour and expense of our for- tunes. We conclude, these things are yet unknown.; or in a great measure so, to your Excellency, as your Excellency's commence- ment of the administration, hath not been long, and a set of artful, wicked men, con- ceahng the truth from your Excellency, pur- posing to make a booty of us, characterizing us, (speaking of our inhabitants in general) as so niany rioters, if not rebels ; and we being a poor people, at a great distance from your Excellency's place of residence, fatigued in settling a v*^ildern.ess country, have little or no opportunity of acquainting your Excellency of our grievances, except by one short peti- tion delivered to your Excellency, soon after your first taking the administration — and as o^r cause is represented before his Majesty and Council, we did not expect your Excel- lency to determine the controversy, nor do we yet expect it. We are sensible, those men that seek our ruin, thereby, to enrich themselves, do, by stratagems of every kind, 2$ i^EMom OP represent us to your Excellency as breakers of the peace, and enemies to the government; and under this pretence, they hope to catch a number of the boldest of our inhabitants, and punish them in the JYcw-York Inquisition, with that severity that the residue may be frightened out of both liberty and property ; for otherwise, they would soon be indicted rioters, and thus, under colour of punishing rioters, and a zeal of loyalty and veneration for good government, rob the inhabitants of their country. If we do not oppose the She- riff and his Posse, he takes immediate pos- session of our houses and farms ; if we do, we are immediately indicted rioters ; and when others oppose officers, in taking such, their friends, so indicted, they are also indicted, and so on, there being no end of indictment against us, so long as we act the bold and manly part, and stand by our liberty. This is a short sketch of the disingenuous cunning of Messieurs Duane and Kemp^ and their associates ; and it comes to this, at last, that we must tamely be dispossessed, or oppose officers in taking possession ; and as a next necessary step, oppose taking of riot- ers, so called, or run aWay like so many cow- ards, and quit our country to a number of cringing, polite gentlemen, who have, ideally, possessed themselves of it already. As to sundry men, who have eloped lately from our grants, and fle(i to JS'ew- York for COL. ETHAN ALLEN. 25 protection, self preservation necessitated us to treat some of them roughly ; and others, viz : Ebenezer Cowl^ and Jonathan Wheat, of Shoftsbury, fled to Kew-York, on account of their own guilt, not being hurt or threatened. Would time permit, we could give a rational account for most, or all of our late conduct towards these men. The general reason is this, namely, they were a set of men that loved themselves, and not their country ; they busied themselves in planning and assisting to take rioters, so called. In fine, they were the emissaries of that mercenary core of Yorkers, and did more, in oppressing the people, than their preposterous benefactors. The assault, made upon Mr. Baker, at day break, of the night of the 22d of March last, by a number of ruffians, under the command of the infamous John Munro, Esq. was a no- torious riot, and gave energy and motion, to the subsequent acts, your Excellency denom- inates illegal. This Miinro, and his bloody party, by cutting, w^ounding and maiming, Mr. Baker, his wife and children, in such an inhuman and savage manner, was no less than proclaiming himself, in a public manner, to be a malicious and bloody enemy, not on- ly to Mr. Baker, but also to all those men, on our grants, who, manfully, adhere to main- taining liberty and property ; and inasmuch as the murderous villain is alive, he has no cause of complaint — for, after his assault up- MEMOIR OF on Mr. Baksr, he made another assault upr on Mr. Seih Warner; but not having sq strong a party of ruffians with him, as in his other expedition, it was not attended with ths hke consequences, for Mr. Warner struck his head with a dull cutlass, and leyelied him to the ground ; but the blow proved not mortal ; and after this, for his satisfaction for the wound, threatened the lives of anumr ber of the Jiew Hampshire settlers. — Your Excellency will, undoubtedly, consider, as our opponents have had the manufactory of the civil laws, so much under their power, that this mejciless man could not be brought to jiistic4, nor could others among us, be safe any other way., but by using him in his own play ; lie set the example and enraged thepeople to mimick him from that natural principle in every m.an's own breast. As to the perfidious and treacherous Bliss WilioghMj, he always pretended to be a friend of the said B.aker^s^ and Baker hud ever been triily u friend of his— this hypocrite, tw^o days before Baker was taken, made a frivo- lous excuse of business, went to said Ba- ker^s house, vrewed the strength of it, perceiv- ed Baker w:,as somev/liat careless and secure, and made report to the said Munro. in fine, Willoghby was the planner and instigator of that savage cruelty, exercised to ^nidi Baker^ Vv^hich was perpetrated and brought into ac- tion by the detestable said Munro. But tq COL. ETHAN ALLEN* 2t desist : as to the history of our late transac- tions, whether they be all right or not, we, on our part, have a few arguments and con- siderations more to lay before your Excel- lency, as to the cause of our discontent, as well as to the cause of our late actions your Excellency denominates illegal. The alteration of jurisdiction, m 17'64, could not effect private property. Surely his Majesty by this alteration, did not pm- pose to take awat the personal property of a large number of his loyal subjects, and transfer it to other subjects ; the Enghsh Constitutions will, by no means, admit of this, for the transferring or alienation of property is a sabered prerogative of the true owner. — Kings and Governors cannot inter- meddle therewith. Furthermore, your Ex- cellency and Council must needs be ac- quainted that we have a petition lying be- fore his Majesty and Council, for redress of grievances. That is an impartial board ; pray why may it not be determined here ? For the very identical matters in dispute^ are now, and for several years past have been lying before that Court, except the accusa- tions of riotousness, disorderly, &:c. which is improved as a handle to subvert property, and that only. Furthermore in the time of Sir Henry Moor's administration, his Majesty was pleas- ed to lay the government of JYew-York, un- 28 MEMOIR OF der absolute prohibition not to grant or pa- tent any of the lands antecedently granted under the great seal of the province of JVew;- Hampshire ; and furthermore forbid the gov- ernment to disturb or molest the settlers. — This rightly understood, amounts to a su- percedeas over the authority of common Law, and absolutely controuls the cognizance thereof. As to the particular matters in the prohibition set forth, or matters lying before his Majesty by petition, the import of the prohibition must needs be thus, name- ly : that his Majesty by it informs the gov- ernment of A'^eiU'York^ that he has taken the controversy, to him made known by pe- tition, under his royal consideration, and that, after due information and evidence of the state of the case, determines to settle the controversy; consequently forbids the government taking cognizance thereof; and common sense teaches us that under such prohibition, if a judgment at common law be supposed to be vahd, it would invalidate the authority of the crown, and subvert and overthrow the authority of the kingdom, as it would render the prohibitions of the crown perfectly impertinent. Therefore, common law in the case before us, is not clothed with cognizance of this case, much less with authority to dispossess us ; consequent- ly, every party of men, that have, w^ith of- COL. ETHAN ALLEN. 29 fi eel's, or otherwise, come into these parts to dispossess us, came in open defiance, and direct opposition to his Majesty's orders and authority ; and though they style us rioters, for opposing them, and seek to catch and punish us as such ; yet, in re- ahty, themselves are the rioters, the tumult- uous, disorderly, stimulating faction, or, in fine, the land-robbers; and every violent act they have done to compass their de- signs, though ever so much under pre- tence of law, is, in reality, a violation of law, and an insult on the constitution, and authority of the crown, as well as to many of us, in person, who have been great sufferers by such inhuman exertions of pretended le- gahty of law. — Right and wrong are eternal- ly the same, to all periods of time, places and nations; and colouring a crime with a specious pretence of law, only adds to the criminality of it ; for, it subverts the very de- sign of law, prostituting it to the vilest pur- poses. Can any man in the exercise of rea- son^ make himself believe that a number of Attorneys and other gentlemen, with all their tackle of ornaments, and comphments, and French finesse, together with their boasted legality of law ; that these gentlemen have just right to the lands, labours and fortunes of the New-Hampshire settlers } Certainly they cannot. Yet, this is the object in view, by this mercenary fraternity. 3* 30 MEMOIR OF We do not suppose, may it please your Ex- cellency, we are making opposition to a gov- ernment, as such ,• it is nothing more than a party, chiefly carried on by a number of gen- tlemen attorneys, (if it be not an abuse to gentlemen of merit to call them so,) who manifest a surprising and enterprising thirst of avarice, after our country : but, for a col- lection of such intriguers, to plan matters of influence of a party, so as eventually to be- come judges in their own case, and, thereby, cheat us out of our country, appears to us so audaciously unreasonable and tyrannical, that we view it with the utmost detestation and indignation, and our breasts glow with a martial fury to defend our persons and for- tunes from the ravages of t'lose that would destroy us ; but not against your Excellency'* person or government. We are fully persuaded, your Excellency's ears have been much abused by subtle and designing men; for, we are informed, from credible authority, your Excellency has, late- ly, made apphcation to your Assembly, to raise an armed force to subdue us, but that the motion was negatived. We apprehend your Excellency views us as opposing your Excellency's jurisdiction, and that the violent acts, by us done, was in rebellion to his Ma- jesty's authority, or your Excellency had nev- er proposed the subduing of us ; we are mor- COL. ETHAN ALLEN. 31 ally certain, we can convince your Excellen- cy, that it is not so ; but that on the other hand. Messieurs Duane^ Kemp^ and their as- sociates, are the aggressors. We have chosen two men from among us, viz : Capt. Stephen Fay^ and Mr. Jonas Fay^ to treat with your Excellency, in person ; who, we hope, will answer such queries, and give your Excellency the satisfaction you hope for. We view your Excellency as our Governor and political father, and hope, and expect, from the sincerity and candor of your Ex- cellency's letter, you will be friendly and fav- ourably disposed towards us, when your Ex- cellency,by these hnes,perceives the grounds of our discontent ; for, we are conscious that our cause is good, and that it was oppression which has been the ground of our discon- tent, and that self preservation hath, hither- to, urged us to the measure lately taken. — And we now earnestly intreat your Excellen- cy's aid and assistance to quiet us in our pos- sessions and properties, till his Majesty, in his royal wisdom, settle the controversy. If your Excellency should do this, there would be an end to riots, so called, and our tongues unable to express our gratitude to your Ex- cellency for such protection. Therefore, relying on your Excellency's great wisdom and goodness, as members of your Government, his Majesty's loyal and 32 MEMOIR OP liege subjects, we subscribe ourselves your Excellency's ever faithful and humble ser- vants, ETHAN ALLEN, SETH WARNER, REMEMBER BAKER, ROBERT COCHRAN. Upon the receipt of the foregoing commu- nications, Governor Tryon immediately laid them before his Council, who advised that his Excellency should afford the inhabitants of those townships all the relief in his pow- er, by suspending, until the pleasure of the King should be known, all prosecutions in behalf of the crown, on account of the crimes alleged against them ; and recommend to the owners of the contested lands, under grants from the Province of New-York, to stay all civil suits, in relation to the lands, during the same period. This advice met the approba- tion of the Governor, who communicated it to the inhabitants of Bennington and the vi- cinity. During the pendency of this negociation, the Green Mountain Boys, urged on by the numerous wrongs under vv^hich they suffered by the pobcy of New-York, proceeded to dis- possess a number of settlers on Otter Creek, who held their lands under titles from New- York. This aggression led Gov. Tryon to address a letter to the inhabitants of Ben- nington and the country adjacent, in which he expressed his " high displeasure at the COL. ETHAN ALLEN* 33 breach of faith and honor" of a portion of the inhabitants, in dispossessing the settlers on Otter Creek and its neighborhood, of their possessions : and required the assistance of the people '^ in putting, forthwith, those fam- ihes, who have been thus dispossessed, into re-possession of their lands and tenements." To this letter, the following was address- ed to the Governor in reply : " Bennington, Aug. 25, 1772. To His Excellency^ William Tkyon, Esq. &•6 MEMOIR OF long after, the original proprietors of the said saw mill did re-enter, and take possession thereof, but was, a second time, attacked by Col. Rcecfs steward, with a number of armed men, under his (supposed) instructions, and by their superior force and threats, obhged to quit the premises again — all which tene- ments, said Reed occupied and enjoyed until dispossessed, as your Excellency's letter complains of. But to return to Kochhurn again, Our par- ty, having taken him as aforesaid, brought him to the town of Castleton^ near South Bmj, where, being first informed of your Excelleur- cy's clemency, as well as that of the honora- ble Council, in granting the prayer of our pe- tition ; and in conformity to the articles of settlement agreed on, dismissed him on hon- orable terms. This is a short narrative of facts, for the proof of which, sufficient affidavits can be educed. We are apprehensive, your Excellency has been, hitherto, unacquainted with these facts, and have, therefore, exhibited them in this letter ; although it appears strange to us, ac- cording as your Excellency's own letter states the matter, that we should be suspected or taxed with violation of public faith, and that our disingenuous and dishonourable viola- tion thereof, hath nullified and made void the late amicable settlement ; for, at the same COL. ETHAN ALLEN, 37 time your Excellency charges us with breach of faith and settlement, the very prelimina- ries of this faith were not known on our part, and consequently could not have been com- pHed with ; the very stipulations and faith spoken of did not then exist ; for it must be the meeting of the minds of the contract- ing parties, which constitutes such faith and agreement, and of course cannot be broken before its existence. Mr. Kockburn's locating our lands, in the mean time the preliminaries of public faith were forming, was, at least as much a breach of that faith, as what we are charged with. Nay, according to our conception of the matter, more so ; as he made the first move- ment towards the invasion of our property. Soon after our messengers returned from New York, and read the Minutes of Council and your Excellency's letter ofcomphance therewith, to a large auditory, convened at Bennington for that purpose, composed of the inhabitants of that place, the adjacent country, and sundry respectable gentlemen from the neighboring Provinces ; your Ex- cellency's gracious, wise, and benevolent proposals for settling unity and concord in our part of the Province, were, by those present, unanimously applauded, and conce- ded to ; and all possible pubhc testimonies of honor and respect, paid to your Excellen- 4 38 -MEMOIR OF cy and Council, by sundry disdiarges of caij- non and small arms; your Excellency-s health, long life and prosperity, as well' as that of the honorable Council's, was the toast ; your name comjnanded reference and esteem, and your Excellency's p<3rso;i in particular, became precious in our eyes. And we do humbly assure your Excellen- cy we have no disposition of alienation of affections towards you, or knowingly breai; any article of public faith. Th^re are two propositions which are the objects of our attention. Firstly ; The protection and maintaining our property. And secondly ; -to us€ the greatest care and prudence, not to break the article of public faith, or insult governmental aui:hority. These two propositions, we mean strictly and religiously to adhere to. And for the more explicit knowledge of the preliminaries ^nd conditions of public faith and trust, we would inform your Excellency and Council, that our acceptation of those coiiditions on the part o^ JKeiv- York^ is, that they make no further settlements or locations onow lands, granted uxider tii^e great seal of the Province of JS^ew Hampshire^ until his Majesty's pleas^ ure be obtained, as to the validity of the grants. Although this ,>vas not so fully ex- pr^e4» J(et,w.e .:s«ppQ^ it was implied in tlie COLi ETtfAN itLEN. ^9 abstract of the Mimites of Conhcil ;• if it was not, we pray ) our Excellency and Coun- cil would undeceive us in that particular ; for if we are deceived ill this, then on this hy- pothesis, your Excellency a^d Council's leni- ent and friendly disposition towards us will not for the future, (by us) bt) viewed as such ; for such location and settlements on our lands, would be incompatibie with friendship, and a manifest infringement upon our prop- perty, which has all along been the bone of contentiorv. The last part of your Excellency's letter to us, contains a requirement of our immedi- ate assistance in repossessing Col Reed^s tenants of said tenements,- As to this par- ticular, had your Excellency have known by what means Col.- Reed obtained possession of them- lands and tenements,' undoubtedly your Excellency would not have required our assistance in repossessing him; or have viewed with concern our dispossessing him, as a daring insult to government : for the case rightly understood, it appears that his conduct was a darin^ insult to Government, and continued violation of more than three years, of the laws, restrictions, regulations, and economy, both of God and man ; a no- torious breach of the tenth commandment of the decalogue, which says, ''Thou shall not covet^^^ (St. He, coveting, did take the saw- 40 MEMOIR OF mill, logs, boards, and also the lands, labors, possessions, farms, tenements, &;c. &c., from the rightful owners, proprietors, and first oc- cupants thereof, without a process at law, as aforesaid, to their exclusion from the prem- ises more than three years ; all which time he hasbeenenrichinghimself by the improve- ments of their estates ; and should we re- possess him of the premises again, we should become co-partners with him, in his wicked- ness. Such an act we could not reconcile to our own consciences ; it being apparently immoral, and most flagrantly cruel and un- just. When your Excellency and Council views these facts and arguments, we humbly con- ceive we shah not be required to repossess Col. Reed of the premises : nor do we ex- pect your Excellency and Council will ad- judge us to be violators of the late articles of public faith : all which, with due submis- sion, we refer to your Excellency and Coun- cil. '^' And we do now, with due reverence, ask the favor of a few lines, which may certify to us, the determination of government, rel- ative to the particulars litigated in this pa- per*; and remain your ever faithful and most obedient humble servants. ^ No answer to this communication is extant. The negotiation, probably, terniiinated here. COL. ETHAN ALLEN. 41 • At a general meeting, held at Manchester, on the 27th day of August, 1772, by the Committee of the towns of Bennington, Sun- derland, Manchester, Dorset, Rupert, Paw- let, Wells, Poultney, Castleton, Pittsford and Rutland ; the foregoing answer to his Excel- lency's letter of the 1 1th inst., was read to the said committees, and the vote was called by Mr. Nathan Clark, Chairman, whether the said answer be approved of by the said Committees ? and it was voted in the affirm- ative. Test, ETHAN ALLEN, Clerk of said Commifiees.'''' The settlers, on the New-Hampshire Grants, were a brave, zealous and hardy bo- dy of men ; and the numerous wrongs, to which they had been subjected by the New- York authorities, had led them to a iirm re* sistancc in defence of their rights. In view of the British act of prohibition, heretofore referred to, the government of New York had proceeded to convey lands occupied un- der grants from royal authority ; and the Albany courts had uniformly decided in fa- vor of the grantees of New-York. Writs of possession having been issued, and every means having been put in requisition to de- fraud the settlers of their just rights, they had no alternative left but open resistance. At their head stood Ethan Allen — bold, even to desperation, and fitted, in every re- ispect, for the important character he sustain- 4* 42 MEMOIR OF ed in the drama. The settlers uniformly confidently relied upon his skill, his zeal and his well known character for bravery, for the successful termination of their difficulties ; and their confidence in him was increased by the measures he originated and carried into effect. He wrote and distributed sever- al pamphlets, addressed more particularly, to the feelings of the settlers, in which the injustice of the New-York government was strongly depicted, and the proceedings of the Green Mountain Boys triumphantly vin- dicated ; "and contributed much,"" says the author of the Siaie Papers^ "to inform the minds, arouse the zeal, and unite the efforts of the settlers." The inhabitants of Rutland and Benning- ton counties, for the purpose of adopting such measures as the exigency of the times re- quired, formed a convention, through their delegates, which met only on extraordinary occasions. Among other measures it was decreed, by this body, "that no person should take grants, or confirmation of grants un- der the government of New- York." It was also forbidden "all the inhabitants in the district of the New-Hampshire Grants, to hold, take, or accept, any office of honor or profit under the Colony'of New- York, and all civil and military officers who had acted under the authority of the Governor or Le- gislature of New- York, were required to COL. ETHAN ALLEIT. 43 suspend their functions on pain of being These decrees were rigidly and severely <3nforced ; the more common mode of pun- ishment being an application of the "beac/i *W."t to the naked back, and banishment from the settlements. A few instances, while they may serve to amuse, will, also, shew the spirit which actuated the settlers in punish- ing their enemies : A certain Doctor A. of Arlington, was a warnfi partizan of New-York; and had often spoken in disrespectful terms of the settlers and the decrees of their Con- vention. He was frequently requested to desist : and disregarding these requests, "be was carried," says Allen's History, "to the Green Mountain Tavern, in Bennington, where the Committee heard his defence, and then ordered him to be tied in an armed chair, and hoisted up to the sign, (a cata- mount's skin, stuffed, sitting upon the sign post, twenty-five feet from the ground, with large teeth, grinning towards New-York,) and there to hang two hours in sight of the people, as a punishment, merited by his en- mity to the rights and hberties of the people of the New-Hampshire Grants. The judg- ment was executed to the no small merri- ment of a large concourse of people. The * Allen's History. f So called in allusion to the great seal of New- Hampshire. 44 MEMOIR OF Doctor was let down, and dismissed by tho Committee, with an admonition to go and sin no more." A certain Benjamin Hough, was, also, punished under one of the decrees of the Convention : He had accepted, and officiated, in the office of Justice of the Peace, under the authority of New York ; and being arrested, was brought before the Committee of Safety, at Sunderland. He offered in plea, the jurisdiction of Mew York ; but was answered by the decree of the con- yention, which forbid all persons holding any civil or military office, under the authority of New-York. The following judgment was pronounced against him, before a large as- semblage of people : ''That the prisoner be taken from the bar of this Committee of Safety, and tied to a tree ; and there on hi& naked back, to receive two hundred stripes : his back being dressed, he should depart out of the district; and, on return, to suffer death, unless by special leave of Convention." Notwithstanding the evidence given that the Green Mountain Boys would not submit to the terms proposed by New-Y'ork, the au- thority of that state did not relax in their exertions to render them submissive. At a session of the general assembly, holden February 5th, 1774, the following resolution* were adopted: "1. That it appears to this Committee, that there at present prevails in part of th« COL. ETHAN ALLEN. 45 county of Charlotte^ and in the north-eastern district of the county of Albany, a danger- ous and destructive spirit of riot and Hcen- tiousness, subversive of all order and good government ; and that it has become an in- tolerable grievance, which requires immedi- ate redress. 2. Resolved^ That it appears to this Com- mittee, that many acts of outrage, cruelty, and oppression have been there perpetrated by a number of lawless persons, calling them- selves the Bennington mob, who have seized, insulted, and terrified several magistrates and other civil officers, so that they dare not exercise their respective functions ; rescued prisoners for debt, assumed to themselves military commands, and judicial power; burned and demolished the houses and pro- perty, and beat and abused the persons of many of his Majesty's subjects; expelled them from their possessions, and put a peri- od to the administration of its justice, and spread terror and destruction through that part of the country which is exposed to their oppression. 3. Resolved^ That it is the opinion of this Committee, that the complainants before this house, and others, who inhabit part of that colony, and from respect to government, will not countenance or be concerned in the said riotous proceedings, are exposed from the violence of the rioters, to iminent dan- 46 MEMorR o-r ger,^ botk in persons and properties ; ami th'at they stand in need of immediateprotec- tion and suceonr. 4. Resohed^ That it appears' t6 tliis Com- IMttee, that Ethan Allen^Seth Warner^ Remen^ ber Baker ^ Robert Cochran^ Peleg Sunderland 4 Sylvanm Broivn^ James Breakenrklge^ and- John Smithy are principcll rii^g-ieaders of, and aetors in the riots and disturbances afore- said, and that it is, therefore, tlie opinion of tliis Committee, that an humble address ba presented to his Excellency, desiring that he would be pleased to issue a Proclamation^ offering a reward of fifty pounds for appre-' bending and securing any or either of the persons above named, in his Majesty's g^iol in Albany ; and commanding the magistrates and other civil officers of the county of Albany and Charhttef to be active and vigilant iu- suppressing the said riots, and preserving^ peace and good order, as well as for bring- ing to jastiee the perpetrators and authors- of said riots. 5. Resolved^ That it is the opiniori of this committee, that a bill be brought in, more effectually to suppress the said riotous and disorderly proceedings, maintain the fre^' course of Justice, and for b-ringingthe offen- ders to condign punishment. Whieh report he read in his place and afterwards delivered It in at the table, where the said resolutions were severally read a seeoi^d? time, and it was (COL. jETWAN AI.LEN. , 47 resolved that this house doth .agre;e mtii the Committee in their saicj resolutions. Ordered^ That a bill be brought in, purSjiir R^nt to the last resolution, and that Mr. Brushy and Col. Ten Brgeck^ prepare aad bring in the same. Ordered that Capt. I)elancy and Mr. Walton^ wait on his Excellency the Govr ea*nor \yith the foregoing address and resolu- tions of the house." These resolutions, as may be expected^ created much excitement among the settlers and led them to the speedy adoption of coun- ter measures. A general meeting of the Committees for the several townships on the west side of the range of Green Mountains, was held at Manchester, on the first day of March, 1774 : at which the grievances of the people were freely discussed, as w^ell as the extiaordinary proceedings of the New York Legislature. In the conclusion of the answer, adopted by the meeting, to the reso- lutions of New-York, it was resolved, "that as a country, w^e will stand by and defend -pur friends and neighbours, indicted as riot- ers, at the expense of our lives and fortunes:'' and "that, for the future, every necessary preparation be made, and that our inhabit- ants hold themselves in readiness at a niin- :^te'g warning, to aid and defend such friends Qf ours, who, for their merit to the great and general cause, are falsely denominated fioters j but that we will not act any thing, 48 MEMOIR OF more or less, but on the defensive ; and al- ways encourage due execution of law in civ- il cases, and also in criminal prosecutions, that are so indeed; and that we will assist, to the utmost of our power, the officers ap- pointed for that purpose." On the 9th of March, and previous to the time the proceedings of the Manchester Con- vention were received, the General Assembly of New York, proceeded to carry into effect their resolutions of the 5th February, and enacted the following law : An Act for preventing tumultuous and riot- ous Assemblies in the places therein men- tioned, and for the more speedy and effect- ual punishing the rioters. Whereas, a spirit of riot and licentiousness has, of late, prevailed in some parts of the counties of Charlotte and Albany^ and many acts of outrage and cruelty have been per- petrated by a number of turbulent men, who assembling from time to time, in arms, have seized, insulted and menaced, several magis- trates, and other civil officers, so that they dare not execute their functions — rescued prisoners for debt — assumed to themselves mihtary commands, and judicial powers — *The County of Albany, it is believed, extended to the north line of Manchester, in the present County of Bennington ; the territory north of that, on the western side of the mountains, was erected in a separate County, by the name of Charlotte. — Vt. State Papers, COL. ETHAN ALLEN. 49 burned and demolished houses and property, and beat and abused the persons of many of his Majesty's subjects — expelled others from their possessions — and finally, have put a period to the administration of justice within, and spread terror and destruction through- out, that part of the country which is expos- ed to their oppression : Therefore, for the preventing and suppressing such riots and tu- mults, and for the more speedy and effectual punishing the offenders therein, ] . Be it enacted^ by his Excellency the G ov- ernor, the Council, and the General Assem- bly, and it is hereby enacted, by the authori- ty of the same. That, if any persons, to the number of three, or more, being unlawfully, riotously, and tumultuously assembled, with- in either of the said counties, to the disturb- ance of the pubhc peace, at any time after the passing of this act, and being required or commanded, by any one or more justice or justices of the peace, or by the high sheriff, or his under sheriff, or by any one of the cor- oners of the county, where such assembly shall be, by proclamation to be made in the King's name, in the form hereinafter direct- ed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of three, or more, notwithstanding such proclamation made, unlawfully, riotously, and tumultuously remain or continue together, to the number 5 50 MEMOIR OP of three or more, after such command or re-» quest made by proclamation, shall, for every such oftence, upon conviction thereof, in due form of law, either in the supreme court of judicature of this colony, or at the courts of oyer and terminer, and general gaol delivery, or at the general sessions of the peace, to be held respectively in and for the said coun- ties of j2 lb any and Charlotte, or either of them, suffer twelve months imprisonment, without bail or mainprize, and such further corporal punishment as the respective courts before which he, she, or they, shall be convicted, shall judge fit, not extending to life or limb ; and before his or her discharge, shall enter into recognizance with two sufficient sure- ties, in such sum as the said courts shall res- pectively direct, to be of good behaviour, and keep the peace towards his Majesty and all his subjects, for the term of three years from such his, her, or their discharge out of prison. 2. ^^nd be it further enacted by the authority aforesaid. That the order and form of the proclamation which shall be made by the au- thority of this act, shall be as hereafter fol- lows, that is to say : The justice or other person, authorised by this act to make the said piGciamation, shall, among the said ri- oters, or as near them as he can safely come, with a loud voice, command, or cause to be commanded, silence to be kept while procla- mation is making ; and shall then openlj:^ COL. ETHAN ALLEN. 51 With a loud voice, make, or cause to be made, proclamation in these words, or to the like effect : Our Sovereign Lord the King^ charg- eth and commandeth all persons being assembled^ immediately to disperse themselves^ and pcaceablif to depart to their habitations.) or to their lauful business^ upon the pain contai^ied in the act 7)iadc in the fourteenth year of the reign of King George the thirds to pjr event tumultuous and ri- otous assemblies. And every such justice or justices of the peace, sheriff, under sheriff or coroner, within the limits of the respective counties, where they reside, are hereby au- thorised, empowered and required, on notice or knowledge of any such unlawful, riotous and tumultuous assembly, forthwith to repair to the place where such unlawful, riotous and tumultuous assembly shall be, to the number of three or more, and there to make or cause to be made, proclamation in manner afore- said. 3. And be it further enacted by the authority aforesaid. That if any person or persons do, or shall, with force and arms, wilfully and knowingly oppose, obstruct, or in any man- ner, wilfully and knowingly let, hinder or hurt any person or persons, who shall begin to proclaim, or go to proclaim, according to the proclamation hereby directed to be made, whereby such proclamation shall not be made ; that then, every such opposing, let- ting, hindering or hurting, such person or ^^2 MEMOIR OF persons, so being or going to make such pro- clamation as aforesaid, shall be adjudged felony, without benefit of clergy ; and that the offenders therein, shall be adjudged fel- ons, and shall sulfer death, as in cases of fel- ony without benefit of clergy. And that also, every such person or persons, so being un- lawfully, riotously and tumultuously assem- bled to tlie number of three, as aforesaid, or more, to whom proclamation should or ought to have been made, if the same had not been hindered as aforesaid, shall, in case they or any of them, to the number of three or more, shall continue together, and not forthwith dis- perse themselves, after such let or hindrance, having knowledge of such let or hindrance^ shall, likewise, for every such offence, upon conviction thereof, in manner aforesaid, suf- fer the same pains and penalties as are here- by inflicted on those w^ho shall continue to- gether to the number of three or more, after they shall be commanded to depart to their habitations, or lawful business, by proclama- tion as aforesaid. 4. And he it further enacted hj t\\Q authority aforesaid. That if such persons so unlawful- ly, riotously and tumultuously assembled, or any three or more of them, after proclama- tion made in manner aforesaid, shall contin- ue together, and not forthwith disperse them- selves, it shall and may be lawful to and for every such justice of the peace, sheriff, under Col. ETHAN ALLEN. 53 sheriff, coroner, or constable, of any county or township where such assembly shall be ; atid to and for such person of persons as shall be commanded to be assisting unto such jus- tice of tlie peace, sheriff, under sheriff, cor- oner^ or constable, (who are hereby author- ised and empowered to command all his Ma- jesty's subjects of age and ability, to be aid- ing and assisting to them therein ;) to seize and apprehend, and they are hereby required to seize and apprehend such persons so un- lawfully, riotously, and tumultuously assem- bled together, after proclamation made as aforesaid, and forthwith to carry the persons so apprehended, before any one or more of his Majesty's justices of the peace of the said counties of Charlotte or Albany^ in order to their being proceeded against for such their offences according to law. And that, if the persons so unlawfully, riot- ously and tumultuously assembled, or any of them, shall happen to be killed, maimed, or hurt, in the dispersing, seizing or apprehend- ing them, by reason of their resisting the per- sons so dispersing, seizing, or apprehending, or endeavouring to disperse, seize, or appre- hend them ; and then, every such justice of the peace, sheriff, under sheriff, coroner or constable, and all and singular persons aiding and assisting to them, or any of them, shall be freed, discharged, and indemnified, as well against the King's Majesty, his heirs and 5# 54 MEMOIR OF successors, as against all and every other person or persons, of, for, or concerning the killing, maiming, or hurting of any such per- son or persons, so unlawfully, riotously, and tumultuously assembled, that shall happen to be so killed, maimed, or hurt as aforesaid. 5. And be it further enacted by the authority aforesaid. That, if any person or persons, within the said counties, or either of them, not being lawfully authorised a judge, justice or magistrate, shall assume judicial power, or shall try, fine, sentence or condemn any person who shall either be absent, or shall unlawfully or forcibly be seized, taken or brought before him or them, for trial or pun- ishment ', or if any person or persons shall aid or assist in such illegal proceedings, or shall enforce, execute or carry into effect ; or if any person or persons shall, unlawfully, seize, detain, or confine, or assault and beat any magistrate or civil officer, for, or in the respect of any act or proceeding in the due exercise of his function, or in order to com- pel him to resign, renounce, or surcease his commission or authority, or to terrify, hinder or prevent him from performing and discharg- ing the duties thereof; or if any person or persons, either secretly or openly, shall, un- lawfully, wilfully and maliciously, burn or de- stroy the grain, corn or hay, of any other person, being in any inclosure ; or if any persons, unlawfully, riotously, and tumultu- COL. ETHAN ALLEN 55 ously assembled together, to the disturbance of the pubhc peace, shall, unlawfully, and with force, demolish or pull down, or begin to demohsh or pull down, any dwelling house, barn, stable, grist mill, saw mill, or out house^ within either of the said counties ; that then, each of the said offences, respectively, shall be adjudged felony, without benefit of clergy ; and the offenders therein shall be adjudged felons, and shall sufler death, as in cases of felony without benefit of clergy. 6. And whereas complaint and proofs have been made, as well before his Excellency the Governor and Council, as before the Gener- al Assembly, That, Ethan Alle7i^ sometime of Salisbury^ in the colony of Connecticut^ but late of Bennington^ in the county of Albany^ yeoman ; Seth Warner^ late of Bennington^ in caid county, yeoman ; Remember Baker^ late of Arlington^ in the said county, yeoman ; Robert Cochran^ late of Rupert^ in the county of Charlotte^ yeoman ; Peleg Smiderland and Silvanus Brown^ late of Socialborovgh^ in the same county, yeomen ; James Brachenridge^ late of Wallumschach^ in the county of Albany^ yeoman ; and John Smithy late of Socialbo' roughs yeoman ; have been principal ring- leaders of, and actors in, the riots and dis- turbances aforesaid; and the general as- sembly have, thereupon, addressed his Ex- cellency the Governor, to issue a proclamar tion offering certain rewards for apprehend- 56 MEMom OF* ing and securing thd said offenders, and fof bringing them and the other perpetrators and authors of the riots to justice : And foras- much as such disorderly practices are highly criminal and destuctive to the peace and set- tlement of the country, and it is indispensa- bly necessary for want of process to outlaw- ry, (which is not used in this colony) that special provision be made for bringing such offenders, in future, to trial and punishment, without exposing the colony to the expense of extraordinary rewards and bounties for apprehending such offenders. Be it further enacted by the authority afore- said, That it shall and may be lawful to, and for, his Excellency the Governor, or the Gov- ernor and Commander in Chief, for the time being, by, and with, the advice of the Coun- cil, as often as either of the above named persons, or any other person, shall be indict- ed in either of the counties aforesaid, for any offence perpetrated after the passing of this act, made capital by this or any other law, or w^here any person may stand indicted for any of the offences above mentioned, not made felony by this act, to make his order in council, thereby requiring and commanding such offender or offenders to surrender them- selves, respectively, within the space of sev- enty days next after the first publication thereof, in the Mew York Gazette and JVeekly Mercury^ to one of his Majesty's justices of COL. ETHAN ALLEN^ S? the peace, for either of the said counties, re- spectively, who are hereby required, thereup- on, to commit him or them, without bail or mainprize, to the gaol of the city of New York, or of the city and county of Albany^ to the end that he or they may be forth coming to answer the oftence or offences wherewith he or they shall stand charged, according to the ordinary course of law ; which order the clerk of his Majesty's Council, or bis deputy, shall cause forthwith to be printed and pub- lished, in eight successive papers, oiih^New York Gazette ayid Weekly Mercury ; the tWo first of which to be, forthwith transmitted to the sheriffs of the counties of Jllbany and Charlotte ; and the said sheriffs, respectively, shall, within six days after the receipt thereof, cause the same printed orders to be affixed upon the door of the court house of the coun- ty oi Albany^ and upon the door of the dwell- ing house of Patrick Smith, Esq., where the courts are now usually held, for the said county of Charlotte, and upon the doors of two other public houses in each of their re- spective counties. And in case the said of- fenders shall not respectively surrender them- selves, pursuant to such orders of his Excel- lency the Governor, or of the Governor and Commander in Chief, for the time beisg, to be made in Council as aforesaid ; he orthey, so nefflectinff or refusing to surrender himself or themselves as aforesaid, shall, from the 68 MEMoik 6t day to be appointed for his or their surrendi^ as aforesaid, be adjudged, deemed, and (if ihdicted for a capital ofience hereafter to be perpetrated) to be convicted and attainted of felony, 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 termi- ner, or general gaol delivery, for the respec- tive counties aforesaid^ to award execution against such offender or offenders, so indict- ed 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 said supreme courts of judicature, or be^ fore such courts of oyer and terminer, or general gaol delivery respectively. And if any offender, being indicted for k lesser of- fence^ under the degree of felony, shall not surrender himself within the time fixed by such order, and after such notice aforesaid^ he shall thenceforth be deemed guilty of the offence for which he may be charged by such indictment ; and it shall be lawful for the court wherein such indictment is found, to proceed to pronounce such judgment against the offender, as might lawfully be dotie if he was present in court, and convicted in the ordinary course of law, of the criftie where* COL. ETHAN ALLEN. 59 with he shall so stand charged as aforesaid. Provided always, 7. And be it further enacted by the same-au^ thority aforesaid, That, if any person, so neg- lecting to surrender himself as aforesaid, within the said seventy days, shall, at any time after, surrender himself tq the sheriff of the city of JVew York or Albany^ or of the counties of Dutchess or V/est Chester^ (who are to receive, and safely keep such offenders) and being actually in custody, shall exhibit reasonable proof, to the satisfliction of the judges of the supreme court of this colony, or either of them, that he was not within ei- ther of the said counties of Cumberland or Gloucester^ at any time after the pubUcation and notices above directed, and before such surrender of himself as aforesaid ; then such judge before whom such proof is made, shall, forthwith, notify the same in writing, to the sheriff to whom any warrant of execution for the executing such offender, or any other pro- cess for any lesser punishment hath been, or may be issued ; and thenceforth, such prison- er or offender shall not be liable to sufier " death or any other punishment for not sur- ^ I rendering himself— Provided also, that no-^^ I thing in this act contained shall be construed^' ' to exenipt any offender, so surrendering him-^^ iself after the seventy days as aforesaid, fromW* any punishment to which he may be liable'-^^' for any other crime than for not surrendering^- 60 MEMOIR OP himself within the said seventy days as afore- said ; nor to deprive any person who shall so surrender himself within the seventy days, from being bailed, in cases where he shall be bailable by law j any thing herein contained to the contrary thereof, in any wise, notwith- standing. 8. And he it further enacted by the same au- thority aforesaid, That all and every person and persons who shall, after the expiration of the time to be appointed, as aforesaid, for the surrender of the respective offenders herein before named, harbour, receive, con- ceal, abet, or succour such offender or of- fenders, knowing him or them to have been required to surrender him or themselves by such order or orders as aforesaid, and not to have surrendered pursuant thereto, shall, up- on conviction thereof, in due form of law, suf- \ fer the same pains and penalties as are, by s this act, inflicted on those who shall continue SI together to the number of three or more, af- b^ter they shall be commanded to depart to oijtheir habitation or lawful business, by procla- in(jiiation as aforesaid. cou ^- ^^-^ whereas the said county of Char- pi'ootte^ hath but lately been set off from the said the ounty of ^Ihany^ and there is yet no gaol or wasourt house erected within the same ; and a ordireat part of the said county being involved a state of anarchy and confusion, by reason ' the violent proceedings of the aforesaid COL. ETHAN ALLEN. 61 riotous and disorderly people, from whence it must, at present, be extremely difficult, if not impracticable, to bring oftenders to jus- tice within the said county. Be it therefore further enacted by the author- ity aforesaid, That all treasons, felonies, crimes, misdemeanors and offences whatso- ever, at any time hereafter to be committed or perpetrated, within the said county of Charlotte^ shall and may be proceeded against and presented by any grand jury for the coun- ty of Albany^ from time to time, to be impan- nelled and sworn at any court of criminal ju- risdiction to be held in and for the said coun- ty 0^ Albany ; whd shall and may charge any of the said offences to have been committed in any part of the said county of Charlotte ; and all indictments so found by them, shall be adjudged to be good and valid, notwith- standing that the place of perpetrating any of the said offences be in the said indictments alleged to be out of the said county of Al- bany ; and all such offences and offenders which shall be presented or indicted as afore- said, shall and may be tried within the coun- ty o^ Albany^ and by a jury thereof, and there heard, determined, and punished in the same manner and as if such treason, felony, crime, misdemeanor or offence, h^d arisen and been perpetrated within the said county o^ Albany. 10. Provided always, and be it further en- acted^ That if, at any time hereafter, the jus- 6 62 MEMOIR OF tices to be appointed for holding courts of oyer and terminer, and general gaol delivery for the said county of Charlotte^ in cases cog- nizable before them, or the justices of the general sessions of the peace for the said county of Charlotte^ in cases cognizable be- fore them, shall conceive that any prisoner or offender may be safely brought to justice within, and by a jury of, the said county of Charlotte^ that then, it shall and may be law- ful to and for each of the said courts respec- tively, to proceed against, and try, such pris- oner or offender, having lawful cognizance of his cause, within, and by a jury of, the said county of Charlotte ; and hhn there to acquit or to sentence, condemn, and punish, as the law directs; any thing in this act lo the con- trary thereof notv/ithstanding. 11. And be it further enacted by the author- ity aforesaid. That this act shall be publicly read in .every court of generpJ sessions of the peace, to be held in each of the said coun- ties of Albany and Charlotte respectively. 1 2. And be it further enacted by the author- ity aforesaid. That this act shall remain and continue in full force and effect, from the passing thereof, until the first day o( January^ which will be in the year of our Lord, one thousand seven hundred and seventy six." The passage of the foregoing law, blasted every prospect of amity or peace between tlie belhgerents— -the Green Mountain Boys COL. ETHAN ALLEN. 63 regarding it as an act to terrify them into submission to unjust and arbitrary measures. tJnder this impression, therefore^ the threats were regarded with contempt ; and only served to rivet, still closer, their attachment to the position they had assumed. As an evidence of this, we find the following Re- monstrance to the law^ signed by Ethan Jl- len, and others, '^ which presents," says the State Papers^ " a fair specimen of the views and feelings of the great body of the New Hampshire grantees, at this trying period." " His Excellency, Governor Tryon^ in con- formity to the addresses of the general as- sembly of the colony of Neiv York^ having, on the 9th day of March, 1774, with the ad- vice of his Council, issued his proclamation, offering, therein, large sums of money for the purpose of apprehending and imprisoning the following persons, viz : Ethan Jlllen, Seth Warner^ Remember Bakcr^ Robert Cochran^ Peleg Sunderland, Silvwms Brown, James Brackenridge, and James Smith. And whereas his Excellency the Governor, by the same proclamation, hath strictly en- joined and commanded all magistrates, jus- tices of the peace, sheriffs, and other civil officers^ of the counties o{ Albany and Char- lotte, to be active and vigilant in apprehend- ing and imprisoning the persons above nam- ed ; and we^ the aforesaid persons, who have hereunto subscribed^ being conscious 64 MEMOIR OF that oar cause is good and equitable in the sight of God, and all unprejudiced and hon- est men, are determined, at all events, tO' maintain and defend the same, till his Majes- ty's pleasure shall be known concerning the validity of the Meiv Hampshire grants. And vve now proclaim to the public, not only for ourselves, but for the JYew Hampshim gYRHt- ees, and occupants in general, that the spring, and moving cause, of our opposition to the government of A'^eiv York, was self preser- vation, viz: Firstly, the preservation and maintaining of our property : and secondly, since that government is so incensed against us, therefore it stands us in hand to defend our lives ; for, it appears, by a late set of laws, passed by the legislature thereof, that the hves and property of the JVeiv Hampshire settlers are manifestly struck at : but, that the pubhcmay rightly understand the essence of the controversy, we now proclaim to those law givers, and to the world, that iiiheJSew York patentees willremove their patents that have been, subsequently, lapped and laid on the A^'ew H^ainpshire charters, and quiet, us in our possessions, agreeable to his Majesty's directions, and suspend those criminal pros- ecutions against us for being rioters (as we are unjustly denominated) then will our set- tlers be orderly and submissive subjects to government ; but, be it known to that des- potic fraternity of law makers and law break.- COL. ETHAN ALLEN. 65 ers, that we will not be fooled or frighted out of our property. They have broke over his Majesty's express prohibitions, in patenting those lands, and when they act in conformi- ty to the regal authority of Great Britain it will be soon enough for us to obey them. It is well known by all wise and sensible per- sons in the neighbouring governments, (that have animadverted on the controversy) that their pretended zeal for good order and gov- ernment, is fallacious, and that they aim at the lands and labours of the grantees and settlers aforesaid ; and that they subvert the good and wholesome laws of the realm, to corroborate Avith^ and bring about their vile and mercenary purposes. And, inasmuch as the malignity of their disposition towards us, hath flamed to an im- measurable and murderous degree, they have, in their new fangled laws, calculated for the meridian of the New Hampshire grants, pass- ed the 9th of March^ 1774, so calculated them, as to correspond with the depraved- ness of their minds and morals ; — in them laws, they have exhibited their genuine pic- tures. The emblems of their insatiable, av- aricious, overbearing, inhuman, barbarous, and blood guiltiness of disposition and inten- tion is therein pourtrayed in that transparent image of themselves^ which cannot fail to be a blot, and an infamous reproach to them, to posterity. — We cannot suppose, that every 6 * 66 MEMOIR OF of his Majesty's Council, or that all the mem-- bers of the general assembly were active in passing so bloody and unconstitutional a set of laws. Undoubtedly, some of them dis- approved thereof; and it is altogether pos- sible, that many that were active in making the law, were imposed upon by false repre- sentations, and acted under mistaken views of doing honor to government ; but be this as it will, it appears that there was a major- ity. And it has been too much the case with that government, for a number of designing schemers, and land jockeys, to rule the same. Let us take a view of their former narrow and circumscribed boundaries, and how, hy that legerdemain, bribery and deceptions of one sort or other, they have extended their domain far and wide. They have wrangled with, and encroached upon their neighbour- ing governments, and have used all manner of deceit and fraud to accomplish their de- signs : their tenants groan under their usury and oppression ; and they have gained, as w^ell as merited, the disapprobation and ab- horrence of their neighbours; and the inno- cent blood they have already shed, calls for heaven's vengeance on their heads ; and if they should come forth in arms against us, thousands of their injured and dissatisfied neighbours in the several governments, will join with us, to cut ofi", and extirpate such aii execrable race from the face of the earth ! COL. ETHAN ALLEN. 67 This piece is not supposed to eontaiii a full answer to the new constructed laws aforesaid; for such a large iwo year old^ hath never be- fore been seen in America^ it being of an enor- mous and monstrous birth -, nor is it supposed to give the legislators their full characters : but so much may suffice for the present. To quote the laws, and make remarks thereon^ v/ould be matter sufficient for a volume: how- ever, we will yet make some short observa- tions. 1st. Negatively, it is not a law for the Pro-- vince of JVeiv York in general, but, 2d. Positively, it is a law but for part of the counties of Charlotte and Albany^ viz : such parts thereof as are covered with the New Hampshire charters; audit is well known those grants compose but a minor part of the inhabitants of said Province ; and we have no representative in that assembly. — The first knowledge we had of said laws, was the completion of them ; which informed us, that if we assembled, three or more of us together, to oppose (that which they call legal) authority, we shall be adjudged felons-, and suffer the pains of death ; and that same fraternity of plotters knew, as well as we, and the generality of the people in the adjacent colonies^ that they have, for a number of years last past, endeavoured to exercise such a course of what they call law, that had they Bot been opposed by the people of these 68 MEMOIR OF grants (called the mob) in the executing th^ same, they would, before this time, have been in possession of that territory, for which the laws aforesaid are calculated. Therefore, the case stands thus : If we oppose civil officers, in taking possession of our farms, we are, by these laws, denominated felons ; or if we defend our neighbours who have been indicted rioters, only for defending our prop- erty; we are hkewise adjudged felons. In fine, every opposition to their monarchical government is deemed felony, and at the end of every sentence, there is the word death ! And the same laws further impowered the re- spective judges, provided any persons, to the number of three, or more, that shall oppose any Magistrate, or other civil officer, and be not taken, that aft^r a legal warning of sev- enty days, if they do not come and yield themselves up to certain officers appointed for the purpose of securing them ; then it shall be lawful for the judges aforesaid, to award execution of death, the same as though he or they had been convicted or at- tainted before a proper court of judicature, &c. The candid reader will, doubtless, ob- serve, that the diabolical design of this law, is to obtain possession of the Netc Hampshire grants, or to make the people that defend them, out-laws, and so kill them whenever they can catch them. Those bloody law-givers know we are ne- COL. ETHAN ALtErf. 6&' cessitated to oppose their execution of law, where it points directly at our property, or give up the sam^ : but there is one thing is matter of consolation to us, viz : that printed sentences of dfeath will not kill us when we are at a distance ; ancf if the e.tecutioners approach lis, they will be as likely to fall vic- tims to^ deatb as we : and that person, or country of persons, are cowards indeed, if they cannot, as manfully, fight for their hber- ty, property and life, as villains can do to de- prive them thereof. The JYeio Foiry^ schemers accuse tis with; many things ; part of which are true, and part not.— ^ With respect to rescuing prison- ers for debt, it is false. As to assuming ju- dicial powers, we have 7iot, except a well reg- ulated combinatiori of tRe people to defend their just rights, may be called so. As to form- ing ourselves into military order, and assum- ing mihtary commands, the J\^ew York po^- sies, and mihtary preparations, oppressions, &c. obliged us to it. Probably Messieurs Du- mie^ Kempf and Banyar^ of A^eiv York^ will not diBcommend us for so expedient a prepa- ration ; more especially since the decrees of the 9th otMarch^ are yet to be put in execu- tion : and we* flatter ourselves, upon occa- sion, we can muster as good a regiment of marksmen and scalpers, as America can af- ford ; and we now give the gentlemen above named, together with Mr. Brushy and Col *7d MEMOIR 01^ Ten Sroeckf ^nd in fine, all the land jobbers of JYew York, an invitation to come and view the dexterity 6f our regintent 5 and we can- not think of a better time for that purpose, than when the executioners come to kill us, by virtue of the authority their judges have lately received to award and sentence us to death in our absence. There is still one more notable complaint against us, viz : — That we had insulted and menaced several magistrates, and other civil officers, so that they dare not execute their respective func- tions. This is true, so far as it relates to the magistrates. But the public should be in- formed, what the functions of those magis- trates are : — they are commissioned for the sole purpose of doing us all the licirm and mischief they possibly can, through their ad- ministration and influence; and that they might be subservient to the wicked designs of the JVew York schemers. These are their functions ; and the public need no further proof than the consideration that they are the tools of those extravagant law-makers ; and it must be owned, they acted with great judg- ment, in choosing the most infernal instru- ments for their purpose. Draco, the Athenian law-giver, caused a number of laws, (in many respects analogous to those we have been speaking of,) to be written in blood. But our modern Dracos de- termine to have their's verified in blood. They COL. ETHAN ALLEN. 71 well know we shall, more than //ircc,nay, more tlian three times three hundred^ assemble to- gether, if need be., to maintain our conmion cause, till his Majesty determines who shall be and remain the owners of the land in con- test. " Wilt not thou possess that which Che- moth^ thy God, giweth thee to possess ?" So will we possess that which the Lord our God (and King) giveth us to possess. And lastly, vve address ourselves to the people of the counties of Albany and Char- lotte, which inhabit to the westward of, and are situated contiguous to, the JS^eiv Hamp- shire o-rants. Gentlejneii^ Frie7ids and JYeighhours^ Providence having allotted and fixed the bounds of our habitations in the same vicini- ty, which, together with the intercourse of trade and commerce, hath formed an almost universal acquaintance and tie of friendship between us, and hath laid such a foundation of knowledge, that your people, in general, cannot but be sensible that the title of our land is, in reality, the bone of contention ; and that, as a people, we behave ourselves orderly ; and are industrious, and honestly disposed ; and pay just deference to order and good government ; and that we mean no more by that which is called the mob, but to defend our just rights and property. We ap- peal to the gentlemen merchants, to inform 72 MEMOIR OF whether our people, in general, do not exert themselves to pay their just del:)ts ; and whether ever they have been hindered by tho country's mob, in the coljectiQn of their dues. But as the magistrates, sheriffs, under 4Bheir- iffs, coroners and constables, , of the respqct- ive counties, that hold their posts of honour and profit under our bitter enemies, we have a jealousy, that some of them may be induc- ed (to recommend themselves to those on whom they are dependent, and for the wages of unrighteousness, offered by proclamation) to presume to apprehend some of us, or our friends : We therefore, advertise such offi- cers, and ail persons whatsoever, that we are resolved to inflict immediate death on whom^ soever may attempt the same. And provid- ed any of us or our party shall be taken, and we have not notice sufficient to relieve them, or whether we relieve them or not, we are resolved to surround such person or persons, whether at his or their own house or houses, or any where that we can find him or them, and shoot such person or persons dead. And furthermore, that we will kill and destroy any person or persons whomsoever, that shall j}resu7m to be accessary, aiding or assisting in taking any of us as aforesaid ; for by these presents we give any such disposed person or persons to understand, that, although they have a license by the law aforesaid, to kill us ; vand an " indemnification" for such murder, COL. ETHAN ALLEN. 73 from the same authority ; yet they have no indemnification for so doing, from the g^-een vioimtain boys ; for our lives, Hberties and properties, are as verily precious to us, as to any of the King's subjects ; and we are as loyal to his Majesty or his government, as any subjects in the Province : but if the gov- ernmental authority of JYeiu-York will judge in their own case, and act in opposition to that of Great Britain^ and insist upon killing us, to take possession of our "vineyards" — come on, we are ready for a game of scalp- ing with them ; for our martial spirits glow with bitter indignation, and consummate fu- ry, to blast their infernal projections. It may be, the reader not having seen the law referred to in this piece, and not being thoroughly acquainted with the long and spir- ited conflict that hath subsisted betv/een the claimants under Mew-Hampshire and Mew- York^ nor of the progressive, arbitrary and monopolizing disposition of the court party of the latter of those Provinces ; may be apt to imagine that the spirit of this writing is too severe, inasmuch as it destines whoever presumes to take us as felons or rioters, to immediate death ; but let the wise consider the state of the cause. 1, Provided we on our part be taken, we have by them laws, the sentence of death al- ready pronounced against us, on proviso more than three of us assemble together to 7 74 MEMOIR OP maintain and defend our property, till his Majesty determines the controversy, And 2. May it be considered, that the legis- lative authority of the Province oi JS\w'York had no constitutional right or power to make such laws ; and consequently, that they are null and void, from the nature and energy of the English constitution ; therefore as they merit no place among the laws of the realm of Great Britain^ but are the arbi- trary league and combination of our bitter and merciless enemies, who, to obtain our property, have inhumanly, barbarously, and maliciously, under the specious and hypocrit- ical pretence of legal authority, and venera- tion for order and government, laid a snare for our lives ; can the public censure us for exerting ourselves nervously to preserve our lives, in so critical a situation ? For, by the laws of the Province, into which we are un- fortunately fallen, we cannot be protected in either property or life, except we give up the former to secure the latter ; so we are resolved to maintain both, or to hazard or lose both. From hence follows a necessary inference, That inasmuch as our property, nay, our lives, cannot be protected (but manifestly struck at) by the highest authority in the Province to which we, at present belong ; therefore in the interim, while his Majesty is determining tlie controversy, and till he shall fcOL. EtttAN ALLEN* 15 interpose his royal authority, and subject the authority aforesaid to their duty, or re- annex the district of disputed lands to the Province of JVew- Hampshire, in his great wisdom, and fatherly clemency, put the dis- tressed settlers under Mew-Hampshire, on an equal footing with our brother subjects in his realm ; we are under necessity of resisting^ even unto blood, every person who may at- tempt to take us as felons or rioters as afore- said ; for in this case it is not resisting law, but only opposing force by force ; therefore inasmuch as by the oppressions aforesaid, the JS'ew- Hampshire settlers are reduced to the disagreeable state of anarchy and confu- sion, in which state we hope for wisdom, pa- tience and fortitude, till the happy hour his Majesty shall graciously be pleased to re- store us to the privileges of Englishmen. Signed by ETHAN ALLEN, SETH WARNER, REMEMBER BAKER, ROBERT COCKRAN, PELEG SUNDERLAND, JOHN SMITH, SILVANUS BROWN. Bminington, April 26, 1774. The seeds of disunion, sown by the un- wise pohcy of the British Ministry, were, at this advanced state of the Controversy be- tween New York and Vermont, rapidly springing into life. The oppressive meas- 76 MEMOIR OF ures of the Parent Government— its fatal attempt to burthen the Colonists with a sys- tem of unequal taxation — aroused a spirit among them, indicative of a sanguinary struggle, and a bloody termination. So threatening was the aspect of aftairs, that preparatory measures were taken for con- vening a Continental Congress ; and Dele- gates were, accordingly, chosen, from twelve of the Colonies, to meet at Philadelphia, on the 5th day of September, 1774. This important step towards an organiza- tion of the pohtical power of the Colonies, was followed, as may naturally be anticipat- ed, by an almost total suspension of royal authority : " The courts of justice," says Williams' History, '• were either shut up, or adjourned, without doing any business :" and every attempt, on the part of the King's of- ficers, to extend their authority over the peo- ple, was followed by a strong and decided opposition. The first interruption of this kind, occurred at Westminster, in the county of Cumberland, in the New Hampshire Grants, over which the jurisdiction of New York had been extended. The occurrence is fully described in the following document : ''^A relation of the proceedings of the people of the County of Cumberland^ and Province ofJVew- York. In June, 1774, there were some letters came to the Supervisors of said county from COL. ETHAN ALLEN. 77 the Committee of correspondence at New- York, signed by their chairman, Mr. Low; which letters, said Supervisors, through ig- norance or intention, kept until September, when they had another meeting ; and it is supposed that they intended always to have kept them, and the good people would have remained in ignorance about them until this time, had it not been by accident that it was whispered abroad, so that Dr. Reuben Jones of Rockingham, and Capt. Azaria Wright of Westminster heard of it, and took proper care to notify those towns. A meeting was called in the two towns aforesaid, and a com- mittee was chosen by each town, to wait on the supervisors, at their meeting in Septem* her, to see if there were any papers that should be laid before the several towns in the county ; and they found that there were pa- pers come from the committee of corres- pondence, that should have been laid before the towns in June. The supervisors made many excuses for their conduct : some plead ignorance, and some one thing and some another : but the most of them did seem to think, that they could send a return to the committee at New-York, without ever laying them before their constituents ; which prin- ciple, at this day, so much prevails, that it is the undoing of the people. Men at this day are so unfortunately tainted, with the prin- ciples pf tyranny, that they would lain be- 78 MEMOIR OP lieve, that as they are chosen by the people to any kind of office, for any particular things that they have the sole power of that people by whom they are chosen, and can act in the name of that people in any matter or thing, though it is not in any connection with what they were chosen for. But the committees would not consent to have a return made, until every town in the county, had Mr. Low's letters laid before them ; which was done, and a County Congress was called ; return was made, a committee was chosen to see that it was put in print ; but through interest or otherwise, it never was pubhshed in any of the papers. Immediately after, the people of the coun- ty aforesaid received the resolves of the Continental Congress. They called a Coun- ty Congress, and did adopt all the resolves of the Continental Congress as their resolves, promising religiously to adhere to that agree- ment or association. There was a commit- tee of inspection moved for, to be chosen by the county, according to the second resolve of the association aforesaid ; but being much spoken against by a justice and an attorney and looked upon by them as an impertinent thing, the delegates dared not choose one. At this time there were tory parties forming, although they were under disguise; and had laid a plan to bring the lower sort of the people iato a state of bondage and slavery. COL. ETHAN ALLE5f 79 They saw that there was no cash stirrihg, and they took that opportunity to collect debts, knowing that men had no other way to pay them, than by having their estates ta- ken by execution, and sold at vendue. — There were but very few men among us that were able to buy ; and those men were so disposed, that they would take all the world into their own hands, without paying any thing for it, if they could, by law ; which would soon bring the country into slavery. Most, or all of our men in authority, and all that wanted court favors, seemed much en- raged, and stirred up many vexatious law- suits, and imprisoned many, contrary to the laws of this Province, and the statutes of the crown. One man they put into close prison for high treason ; and all that they proved against him, was, that he said if the King had signed the Quebec bill, it was his opinion that he had broken his coronation oath. But the good people went and open- ed the prison door and let him go, and did no violence to any man's person or property. Our men in office would say that they did like the resolutions of the Continental Con- gress, and they ought to be strictly adhered to, until our general assembly voted against them. Then they said that this would do for the Bay-Province, but it was childish for us to pay any regard to them. Some of our court would boldly say, that the King had a 80 MEMOIR OF just right to make the revenue-acts, for he had a supreme power ; and he that said oth- erwise was guilty of high treason, and they did hope that they would be executed ac- cordingly. The people were of opinion that such men were not suitable to rule over them : and as the general assembly of this Province would not accede to the associa- tion of the Continental Congress, the good people were of opinion, that if they did ac- cede to any power from or under them they should be guilty of the breach of the 4th ar- ticle of that association, and may justly be dealt with, accordingly, by all America. — When the good people considered that the general assembly were for bringing them in- to a state of slavery (which did appear plain by their not acceding to the best method to procure their liberties, and the executive power so strongly acquiescing in all that they did, whether it was right or wrong;) the good people of said county thought it time to look to themselves. And they thought that it was dangerous to trust their hves and fortunes in the hands of such enemies to A- merican liberty ; but more particularly un- reasonable that there should be any court held; since, thereby, we must accede to what our general assembly had done, in not acceding to what the whole continent had recommended ; and that all America would break off all dealings and commerce with us. COL. EtIlAN ALLEN* 81 and bring Us into a state of slavery at once. Therefore in duty to God, ourselves and posterity, we thought ourseh^es under the strongest obligations to resist and to oppose all authority that would not accede to the resolves of the Continental Congress. But knowing that many of our court were mqn that neither feared or regarded men, but thought it was most prudent to go and per- suade the judges to stay at home. Accord- ingly there were about forty good true men went from Rockingham to Chester, to dis- suade Col. Chandler, the chief Judge, from attending court. He said he believed it would be for the good of the county not to have any court, as things were : but there was one case of murder that they must see to, and if it was not agreeable to the people, they would not have any other case. One of the committee told him that the Sheriff would raise a number with arms, and that there would be bloodshed. The Colonel said that he would give his word and honor that there should not be any arms brought against us ; and he would go down to court on Monday the 13th of March instant, which was the day that the court was to be opened. We told him that we would wait on him, if it was his will. He said that our company would be very agreeable ; likewise he re- turned us his hearty thanks for our civility, and so we parted with him. B2 MEMOIR OP We heard from the southern part of the state, that Judge Sabin was very earnest to have the law go on, as well as many petty officers. There Were but two judges in the county at that time. Col. Wells being gone to New York. There was a great deal of talk in what manner to stop the court ; and at length it was agreed on to let the court come together, and lay the reasons we had against their proceeding, before them, think- ing they were men of such sense that they would hear them. But on Friday, we heard that the court was going to take possession of the house on the 13th inst., and to keep a strong guard at the doors of said house, that we could not come in. We being justly alarmed by the deceit of our court, though it was not strange, therefore we thought pro- per to get to court before the armed guards were placed ; for, we were determined that our grievances should be laid before the court, before it was opened. On Monday, the 13th of March inst., there were about 100 of us entered the court house, about four o'clock in the afternoon. But we had but just entered, before we were alarmed by a large number of men, armed with guns, swords and pistols. But we, in the house, had not any weapons of war among us, and were determined that they should not come in with their weapons of war, except by force of thera. COL. BTH4N AI^tEN, S3 Esq. Patterson came up at the head of hi^ armed company, within about five yards of the door, and commanded us to disperse ; to which he got no answer. He then caused the King's Proclamation to be read, and told us, that if we did not disperse in fifteen min- utes, by G— d he would blow a lane through us. We told him that we would not disperse. We told them that they might come in if they would^unarm themselves, but not without. — One of our men went out at the door, and asked them if they were come for war ; told them that we were come for peace, and that ' we should be glad to hold a parley with them. I At that, Mr. Gale, the clerk of the court, j drew a pistol, held it up, and said, d — n the parley with such d — d rascals as you are ; I will hold no parley with such d — d rascals, but by this, — -holding up his pistol. They gave us very harsh language, told us we should \ be in hell before morning ; but, after a while, they drew a little off from the house, and seemed to be in a consultation. Three of us went out to treat with them ; but the most or all, that we could get from them, was, that they would not talk with such d — d ras- cals as we were ; and we soon returned to the house, and they soon went oft'. Col. Chandler came in, and we laid the case before him, and told him that we had his word that there should not be any arms brought against us. He said that tlie arms 84 MEMOIR OF were brought without his consent, but he would go and take them away from them, and we should enjoy the house undisturbed until morning ; and that the court should come in the morning w^ithout arms, and should hear what we had to lay before them ; and th^n he went away. We then went out of the house and chose a committee, which drew up arti- cles to stand for, and read them to the com- pany ; and they were voted nem. con. cUs. and some of our men went to the neighbours, and as many as the court and their party saw, they bound. About midnight, or a little before, the sen- try, at the door, espied some men with guns, and he gave the word to man the doors, and the walk was crov/ded. Immediately, the sheriff and his company marched up fast, within about ten rods of the door, and then the word was given, take care, and then, jfire. Three fired immediately. The word lire was repeated ; G — d d — nyou, fire, send them to hell, were most or all the words that were to be heard for some time : on which, there were several men wounded ; one was shot with four bullets, one of which went through his brain, of which wound he died next day. Then they rushed in with their guns, swords and clubs, and did most cruelly bruise several more ; and took some that were not wounded, and those that were, and crowded them into close prison together, and COL. ETHAN ALLEN. S5 told them that they should all be in hell be- fore the next night, and that they did wish that there were forty more in the same case with that dying man. When they put him into prison, they took and dragged him as one would a dog ; and would mock him as he lay gasping, and make sport for themselves, at his dying motions. The people that es- caped took prudent care to notify the people in the count}^ and also in the government of New Hampshire, and the Bay ; which being justly alarmed at such an unheard of and aggravated piece of murder, did kindly in- terpose in our favour. On Tuesday the 14th inst., about 12 o'- clock, nearly 200 men, well armed came from New Hampshire government ; and before night there were several of the people of Cumberland county returned, and took up all they knew of, that were in the horrid mas- sacre, and confined them under a strong guard ; and afterwards they confined as ma- ny as they could get evidence against, except several that did escape for their lives. On the 15th inst., the body formed, chose a mod- erator and clerk, and chose a committee to see that the coroner's jury of inquest were just, impartial men ; which jury on their oath did bring in, that W. Patterson, &c. &:c. did, on the 13th March inst., by force and arms, make an assault on the body of William 8 86 MEMOIR OF French,* then and there lying dead, and shot him through the head with a bullet, of which wound he died, and not otherwise. Then, the criminals were confined in close prison, and on the evening of the same day, and ear- ly the next morning, a large number came from the southern part of the county of Cum- berland, and the Bay Province. It is com- puted, that in the whole, there were 500 good martial soldiers, well equiped for war, that had gathered. On the i6th inst., the body assembled ; but being so numerous that they * The followina; is a literal copy, of the inscription on the tomb stone of Mr. French. We present it to our readers as a literary curiosity. EPITAPH. !n Memory of Wiliiam French Son of Mi- Nathaniel French Who e th Was shct at Westminster March y 13 1775 by the hrnds of Cruel Ministereal e d tools of Georg y 3 in the Corthouse at d alia Clock at Night in the 22 year of his Age Here Williaiii French his Body lies For Murder his blood for Vengance cries King Georg the third his Tory crew tha with a bawl his head Shot threw For Liberty and his Countrys Good he L*^?t his Life his Dearest blood COL. ETHAN ALLEN. 87 could not do business, there was a vote pass- ed, to choose a large committee to repre- sent the whole, and that this committee should consist of men who did not belong to the county of Cumberland, as well as those that did belong thereto ; which was done. After the most critical and impartial exami- nation of evidence, voted, that the heads of them should be confined in Northampton jail, till they could have a fair trial ; and those , that did not appear so guilty, should be un- der bonds, holden to answer at the next court of oyer and terminer in the county aforesaid ; which was agreed to. On the 17th inst., bonds were taken for those that were to be bound, and the rest set out under a strong guard for Northampton. We, the committee aforesaid, embrace this opportunity to return our most grateful acknowledgments and sincere thanks to our truly wise and patriotic friends in the gov- ernment of New Hampshire and the Massa- chusetts Bay, for their kind and benevolent interposition in our favour, at such a time of distress and confusion aforesaid ; strongly assuring them, that we shall be always ready for their aid and assistance, if by the dispen- sations of divine providence, we are called thereto. Signed by order of the Committee. REUBEN JONES, Clerk. Cumberland county^ March 23d, 1775." 88 MEMOIR OF The effect of this Massacre, as it was termed, was electrical upon the people of Cumberland, and, in fact, upon the whole mass of settlers on the New Hampshire Grants. The opposition to the claims of New York, had, thus far, mostly been confin- ed to the inhabitants on the Western side of the Green Mountains — a majority of the grantees, in the vicinity of Connecticut River, having surrendered their original charters, taken new grants under New York, and qui- etly submitted to the jurisdiction of that Col- ony : They entered fully, however, into the spirit which pervaded the people of Massa- chusetts and Connecticut, in relation to the oppressive policy of Great Britain towards her American Colonies. This state of pub- lic sentiment, together with the fact that the Provincial Assembly of New York had with- h.eld its approbation from the pohtical meas- ures recommended by the Continental Con- gress, (which had received the sanction of every other Colony) induced them to an open resistance of the administration of New York. In pursuance of this determination, a meeting of a large body of people was held at Westminster, on the ]lth day of ApriU 1775, at which the following measures were adopted : ] . Voted, That Major Abijah Lovejoy be the Moderator of this meeting. COL. ETHAN ALLEN^ 89 2. Voted. That Dr. Reuben Jones be the Clerk. 3. Voted, as our opinion, That our inhab- itants are in great danger of having their property unjustly, cruelly, and unconstitution- €iily taken from them, by the arbitrary and designing administration of the government of New York; sundry instances having al- ready taken place. 4. Voted, as our opinion. That the lives of those inhabitants are in the utmost hazard and imminent danger, under the present ad- ministration. Witness the mahcious and horrid massacre of the night of the 1 3th ult, 5. Voted, as our opinion, That it is the du- ty of said inhabitants, as predicated on the eternal and immutable law of self preserva- tion, to wholly renounce and resist the ad- ministration of the government of New York, till such time as the lives and property of those inhabitants may be secured by it ; or till such time as they can have opportunity to lay their grievances before his most gra- cious Majesty in Council, together with pro- per remonstrance against the unjustijfiable conduct of that government ; with an hum- ble petition, to be taken out of so oppressive a jurisdiction, and, either annexed to some other government, or erected and incorporat- ed into a new one, as may appear best to the »aid inhabitants, to the royal wisdom and 8* 90 MEMOIR OF clemency, and till such time as his Majesty shall settle this controversy. 6. Voted, That Col. John Hazeltine, Cha's Phelps, Esq. and Col. Ethan Allen, be a Com- mittee to prepare such remonstrance and pe- tition for the purpose aforesaid. In this situation of affairs, the people of Vermont were electrified by the commence- ment of hostilities, between America and Great Britain, at Lexington, Ms., on the me- morable 19th of April, 1775. This exciting prelude to an eventful drama, produced a startling effect from one extremity of the Colonies to the other. " Local and Provin- cial contests, were, at once," says Wilhams' History, " swallowed up by the novelty, the grandeur, and the importance of the contest thus opened." Although the settlers on the New Hamp- shire Grants, yielded to the importance of the American cause, and used their endeav- ours to assist in carrying into effect the measures agreed upon by the sister Colo- nies, yet they did not relax in their exertions to improve their internal condition, and sub- stantiate the purity and justness of their pro- ceedings in regard to the claims of New York. To a firm adherence to their prima- ry position, and to their patriotic exertions in behalf of the common cause, may be attrib- uted the little trouble they afterwards expe- rienced in obtaining? an amicable and satis- COL« ETHAN ALLEN. 91 factor)' settlement of their difficulties, and a final admission into the Federal Union. The period to which we have now arrived in the life of Col. Allen, places him in a more broad and interesting position before the reader. Heretofore he has been seen onlj as the zealous friend of the people among whom he resided— as the champion of the humble citizen, contending for the rights of property and private justice : In these offi- ces of friendship and duty, however, he had rendered himself conspicuous ?tnd trust wor- thy. He had evinced a spirit of patriotism^ and a love of freedom, which warmly recom- mended him to the confidence, the esteem, and the friendship, of the most conspicuous advocates of American liberty. That he should have been selected, therefore, as a leader in a measure fi-aught with important incidents, to the cause of liberty, is a re- ward due both to his patriotic principles and important public services. Soon after the result of the battle of Lex- ington was known, instructions were private- ly sent to Col. Allen, from the General As- sembly of Connecticut, to enhst a body of the settlers on the New Hampshire Grants, and, if it were thought possible, to surprise and take the fortress of Ticonderoga.* This * Doctors Morse and Parish thus describe this fortress in the American Gazetteer : " Ticonderoga, in the State of New York, was built 92 MEMOIR OF enterprise was cheerfully undertaken by him* The requisite number of men were speedily enrolled, and ready for the attack. The se- veral passes, leading to the fortress, were carefully guarded by Col. Allen, and all com- munication between the garrison and the ad- joining country, intercepted. By a forced march, he arrived at the Lake, opposite Ti- conderoga, on the evening of the 9th day of May, 1775, with two hundred and thirty brave Green Mountain Boys. Considerable diffi- culty was experienced in procuring boats to cross the Lake : This difficulty, however, was, at last, surmounted ; and eighty threq men were landed near the garrison, and the boats sent back for the rear guard, com- by the French, in the year 1756, on the north side of a Peninsula, formed by the confluence of the waters is- suing from Lake George into Lake Champlain. It is now a heap of ruins, and forms an appendage to a farm. Its name signifies JVoisy, in the Indian language ; and Was called, by the French, Corillor. Mount Independ- ence, in Addison County, Vt*, is about two miles S, E. of it, and separated from it by the narrow strait whiela^ conveys the waters of Lake George and South River into- Lake Champlain. It had all the advantages whicfe art or nature could give it— being defended on three sides by water, surrounded by rocks ; and where that faik, the French erected a breast-work nine feet high. This was the first fortress attacked by the Americans during the Revolutionary war The troops under Gen. Ab» ercrombie were defeated here, in 1758 ; but it was re* taken the year follovNing: by Gen. Amherst. It was 8ur» prised by Col. Allen, May 10, 1775jaiid was retaken bj Gen, Burgoyoe, ia July, 1777. COL* ETHAI^ ALLEJTr 93 manded by Col. Seth Warner. As the day began to dawn, Col. Allen found himself un- der the necessity of attacking the fort, before the arrival of Coi. Warner's detachment. — "As this," says Col. Allen, in his '^ JVmrative,'^^ " was viewed hazardous, I harangued the of- ficers and soldiers in the manner following : '^Friends andfelloiv soldiers : You have, for a number of years past, been a scourge and terror to arbitrary power. Your valor has been famed abroad, and acknowledged, as appears by the advice and orders to me, from the General Assembly of Connecticut, to surprise and take the garrison now before us^ I now propose to advance before you ; and, in person, conduct you through the wicket- gate ; for we must, this morning, either quit our pretensions to valor, or possess ourselves of this fortress in a few minutes. And, in- asmuch as it is a desperate attempt, which none but the bravest of men dare undertake, I do not urge it on any one contrary to his will. You that will undertake^ voluntarily^ poise your firelocks,'''' As might be conjectur- ed, among such a body of hardy and fearless men, the musket of every one was brought to a poise : Colonel Allen, with his men, immediately advanced to the wicket gate, where a sentry was found posted, who snap- ped his musket at him, and retreated through the covered way into the parade, w^ithin the garrison, gave the alarm, and ran under a 94 MEMOIR OF bomb-proof.* Col. Allen immediately form^ ed liis men (who had boldly followed him,) on the parade in such a manner that they faced the two barracks, which were opposite to each other. The garrison being asleep, except the sentries, three loud huzzas were given, very much, without doubt, to their sur- prise. One of the sentries made a pass at one of the American officers, with a bayonet, and slightly wounded him. " My first thought," says the Colonel, " was to kill him with my sword ; but, in an instant, 1 altered the design and fury of the blow, to a slight cut on the side of the bead ; upon which, he dropped his gun, and asked for quarters, which I readily granted him, and demanded of him the place where the commanding offi- cer kept. He shewed me a pair of stairs, in the front of a barrack, on the West part of the garrison, which led up to a second story in said barrack, to which I immediately re- paired, .and ordered the commander, Capt. De La Place, to come forth instantly, or I would sacrifice the whole garrison ; at which the Captain came immediately to the door, with his small clothes in his hand — when I ^ The author, in detailing the events cf this transac' tion, as well as the incidents connected with the life o^ Col. Allen, from 1775 to 1778, has relied upon the de- tails furnished by the " Narrative'"^ heretofore referred to ,* and, so far as possible, preserved the language of the narrator. COL. ETHAN ALLEN. 95 ordered him to deliver to me the fort, instant- ly. He asked me by what authority I de- manded it. I answered him — " In the name of the Great Jehovah and the Continental Congress !" The authority of the Congress being very little known, at that time, he be- gan to speak again ; but I interrupted him ; arid, with my drawn sword oyer his head, again demanded an immediate surrender of the garrison : with v/hich he then complied, and ordered his men to be forthwith paraded without arms, as he had given up the garri- son. In the mean time, some of my officers had given orders, and in consequence there- of, sundry of the barrack doors were beaten down, and about one third of the garrison imprisoned, which consisted of the command- er, a Lieutenant Feltham, a conductor of Ar- tillery, a gunner, two sergeants, and forty rank and file, together with about one hundred pieces of Cannon, one thirteen-inch mortar, and a number of swivels. This sur- prise was carried into execution in the gray lof the morning of the 10th of May, 1775. — The sun," adds the Colonel, '-seemed to rise [that morning with a superior lustre ; and jTiconderoga and its dependencies smiled |on its conquerors, who tossed about the 'flowing bowl, and wished success to Con- gress and the liberty and freedom oi America." I Col. Warner, with the rear guard, crossed the lake, and joined the conquerorSs early in 96 MEMOIR OP the morning ; who was immediately des- patched, with about one hundred men, to take possession of Crown Point, which was garrisoned with only a sergeant and twelve jrnen. This was effected the same day, and about one hundred pieces of cannon, togeth- er with other munitions of war were secured. Only one thing now remained to be done in order to obtain the control of Lake Cham- plain : This was to capture a sloop of war, which v/as then lying at St. Johns, L. C. ; to .effect which, it was agreed in a council of w^ar, to arm and man out a certain schooner, lying at South Bay, and place Captain, (af- terwards General) Arnold, in command of her, while Colonel Allen was to command the batteaux. The necessary preparations being made, they set sail from Ticonderoga, in quest of the Sloop, which was much larger, and carried more, and heavier guns, than the schooner. The schooner sailing much more rapidly than the batteaux. General Arnold arrived at St. Johns and possessed himself of the sloop before the arrival of Col. Allen. He also made prisoners of a sergeant and twelve men, who were stationed at that place. "It is worthy of remark," adds the Narrative ; " that as soon as Gen. Arnold had secured the prisoners on board, and made preparations for sailing, the wind, which but a few hours before, was fresh from the ^South, and w^ell served to carry us to St. Johns, COL. ETHAN ALLEN. 97 now shifted, and came fresh from the North ; and, in about one hour's time, Gen. Arnold sailed with the prize and schooner for Ticon- deroga." He was met, by Col. Allen, within a few miles of St. Johns, and saluted with a discharge of cannon, which was returned with a volley of small arms. After two re- petitions of this compliment, the Colonel and his othcers went on board the sloop, w^hen several loyal healths were drank to Con- gress." The result of this victory was of the ut- most consequence to the cause of America, as it utterly destroyed the military force of the British, upon Lake Champlain, and weighed heavily in the balance of pubhc opinion. It cannot be disguised, that the people of the American Colonies embarked in the cause of freedom with many misgiv- ings. They were wdl aware of their own weakness : and they were equally well ap- prized of the gigantic power with which they were to contend. The capture, there- fore, of Ticonderoga, a strong and well for- tified fortress, together with the entire over- throw of the British power upon the Lake, tended to raise their drooping spirits, and cre- ate a confidence among them, which' was of vast importance to the general cause. First impressions, in every cause, exercise a pow- erful influence upon succeeding incidents : 9 m MEMOIR OP and, in proportion to their importance, are their effects to be considered.* Early in the ensuing fall, the Ameiican ar- my, under the command of Generals Schuy-r ler and Montgomery, received orders to ad- * Commenting upon the success which attended the attack upon Tieonderoga, and the expedition to St. Johns, Col. Allen remarks : " This success 1 viewed of consequence in the scale of American politics ; for, if a settlement, between the then Colonies of Great Britain, had soon taken place, it would have been easy to have restored these acquisitions; but viewing the then future consequences, of a civil war, as it has really proved to be, and ihe command of that Lake, gar- risons, artillery, &c., it must be viewed to be of signal importance, to the American cause ; and it is marvellous lo me that we ever lost the command of it. Nothing but taking a Burgoyne, with a whole British army, could, in my opinion, atone for it : and, notwithstanding such an extraordinary victory, we must be obliged to regain the command of that Lake again, be the cost what it will : By doing this, Canada will easily be brought into union and confederacy with the United States of America. Such an event would put it out of the power of the Western tribes of Indians to carry on a war with us, and be a solid and durable bar against any far- ther inhuman baj barilies, committed on our frontier inhabitants, by cruel and blood-thirsty savages; for, it is impossible for them to carry on a war, ex- cept they are supported by the trade and.* com^ inerce of some civilized nation : which, to them, would be impiacticable,did Canada compose a part of the American Empire." COL. ETHAN ALLEN. ^9 yanee into Canada. Col. Allen was at Ticonderoga when this order arrived ; and received pressing requests from the Generals, and a majority of the field officers, to ac- company the expedition — it being stipulated that, although he held no regular commis- sion from Congress, he should be considered as an officer, and, as occasion might require, command certain detachments of the army. This being considered, by him, an honorable offisr, and feeling a desire to assist, to the ex- tent of his power, in any expedition having for its object the good of the country, he eom.plied with the requests, and advanced with the army to Ish anx JVoix,^^ From this place, he was ordered, by the General, to accompany Major Brown, and certain in- terpreters, through the woods into Canada^ with letters to the Canadians, informing them that the design of the army was only against the English garrisons, and not the country, their liberties or their religion. Having, with much difficulty, arranged this business, he returned to Isle aux A'oix, early in Septem- ber. Gen. Schuyler having returned to Al- * Isle aux Noix, or Nut Island, is a smali Island of about 50 acres, near (he North end of Lake Chatirplain, and within the Province of Low- erCanada. Here the British had a garrison of 100 men. It is about 5 miles N. N. E. of the mouth of La Cole River, 20 North of Isle La Motte, and 12 oi* 15 Southward of St. Johns. 100 MEMOIR OP bany, the command devolved upon Getl, Montgomery, from whom Col. Allen soon af- ter received orders to make a second tour into Canada, for the purpose of observing the disposition, designs and movements of the inhabitants. This reconnoitre was un- dertaken with reluctance by the Colonel ; " choosing rather," as he asserts, " to assist at the siege of St. Johns,^ which was then closely invested ; but my esteem for the General's person, and opinion of him as a politicicm^ induced me to proceed." The route taken by the Colonel, led him through all the parishes on the river Sorrel,t to a parish at its mouth, bearing the same name. The inhabitants were addressed by him, upon the policy of the American Gener- als, in besieging St. Johns ; and every argu- ment used to quiet their fears and enlist their feelings in behalf of the besiegers. From the parish of Sorrel, he directed his course to the river St. Lawrence, and thence through * St. Johns, is situated on the West bank of the .Sorrel River, in Lower Canada, at the North end of Lake Champlain, and twenty eight miles from Montreal. f Sorrel River is the outlet of Lake Cham* plain ; and, after a course of abont 69 miles Norths empties into the river St. Lawrence, in North lat. 46, 10, and long. 72, 25 West. Sorrel Fort, built by the French, is at the Western point ofthefiaouth of this river. COL. ETHAN ALLEN Id the parishes to Longueil, accompanied by a Canadian guard, an interpreter, and a few American attendants. On the morning of the 24th of September, he left Longueil, with a guard of about eighty men, for La Prairie,* from whence it was his determination to proceed directly to Gen. Montgomery's camp. He had not advanced but about two miles, however, before he met with Major Brown, who informed him he had important intelli- gence to communicate ; the import of which was, that provided Col. Allen would return to Longueil, and procure a few canoes, to enable the party to effect a passage across the St. Lawrence, a short distance North of Montreal, he (Major Brown) would cross the river South of the town, with two hundred men, as he had a sufficient number of boats, and thus effect the capture of Montreal. — This plan, although somewhat chimerical and ill-advised, was readily approved by Col. Allen and those in council ; in consequence of which, they immediately returned to Lon- gueil — collected a few canoes, and, after ad- ding about thirty men to the party, crossed the river on the night of the 24th, agreeably to the proposed plan. The whole effective force of Col. Allen, consisted only of about * La Prairie, a populous little village, on the river St. Lawrence, in Lower Canada, eio;hteen miles North of St. Johns, and nine South West of Montreal. 9* 102 MEMOIR OF one hundred and ten men, about eighty of whom were Canadians, " We were most of the night," says the Colonel, " in crossing the river ; as we had so few canoes that they had to pass and re-pass three times to carry my party across. Soon after day-break, I set a guard between me and the town, with special orders to let no person whatever pass or repass them ; and another guard at the other end of the road, with like directions. In the mean time I reconnoitred the best ground to make a defence — expecting Major Brown's party was landed on the other side of the town — he having, the day before, agreed to give three huzzas with his men ear- ly in the morning, which signal I was to re- turn, that we might know that both parties were landed. But the sun, by this time, be- ing near two hours high, and the sign failing, I began to conclude myself to be in a sad di- lemma ; and would have crossed the river back again, but I knew the enemy would dis- cover such an attempt : and, as there could not more than one third part of my troops cross at one time, the other two thirds would, of course, fall into their hands. This I could not reconcile to my own feehngs as a man^ much less as an officer : I, ther-efore, con- cluded to maintain the ground, if possible, and share the fate of the others. In conse- quence of this resolution, I despatched two messengers — one to La Prairie, to Major COL. ETHAN ALLEN, 103 BrowB, and the other to L'Assomption, a French settlement, to a Mr. Walker, who was in our interest, requesting speedy assistance, giving them, at the same time, to understand my critical situation. In the mean time, sun- dry persons came to my guards, pretending to be friends, who were by them taken pris- oners, and brought to me. These I ordered to confinement, until their friendship could be farther confirmed ; for I was jealous they were spies, as they proved to be afterwards. One of the principal of them, making his es- cape, exposed the weakness of my party, which was the final cause of my misfortune : for I have since been informed that Mr. Wal- ker, agreeably to desire, exerted himself, and raised a considerable mmiber of men for my assistance ; but, hearing of my misfortune, he disbanded them." The news of the atK. al of Col. Allen and his followers, created muoh excitement and alarm in Montreal. Gen, Carlton, and the royal party, made every preparation to go on board their armed vessels, and would, prob- ably, have done so, had they not been dis- auaded by the information derived from the spy, heretofore referred to, who made his escape from the Americans. This occasion- ed an alteration in their determination, and emboldened Gen. Carlton to send an armed force against the invaders. "I had previ- ously chosen my ground," says CoL Allen, 104 MEMOIR OF " but when I saw the number of the encmVf as they sallied out of the town, I perceived it would be a day of trouble, if not of re- buke. But I had no chance to flee : as Montreal is situated on an Island; and the river St. Lawrence cut off my communica- tion with Gen. Montgomery's camp. I en- couraged my soldiery to bravely defend them- selves—observing that we should soon have help, and that we should be able to keep the ground, if no more. This, and much more, I affirmed with the greatest seeming assur- ance, and which, in reality, I thought to be in some degree probable. " The enemy consisted of not more than forty regular troops, together with a mixed multitude, chiefly Caii^dians, with a number of English who lived-iir^l^e town, and a few Indians: in all, amounting'to about five hun- dred men. ^^^^^^ " The reader wi^l'h6tice that a majority of my party were Canaditins : Indeed, it was a motley parcel of soldiery which composed both parties. However, the enemy began the attack from wood piles, ditches, build- ings, and such like places, at a considerable distance ; and I returned the fire from a sit- uation more than equally advantageous. — The attack began between two and three o'- clock, in the afternoon, just before which, I ordered a volunteer, by the name of Richard Young, with a detachment of nine men, as a COL. ETHAN ALLEN'y 106 flank ofuard, to annov the enemy under cov- er of the bank of the river, and, at the same time, to serve as a flank guard to the left wing of the main body. •• The lire continued for some time, on both sides ; and I was confident that such a remote method of attack could not carry the ground, provided it even continued until night. But about half the body of the ene- my began to flank round to my right; upon which. 1 ordered a volunteer, by the name of John Dugan, who had lived many years in Canada, and understood the French lan- guage, to detach about hfty of the Canadi- ans, and post himself at an advantageous ditch, which was on my right, to prevent my being surrounded. He advanced with the detachment ; but, instead of occupying the post, made his escape, as did, likewise, Mr. Young, upon the left, with their detachments. 1 soon perceived that they were in possession of the ground, which Bugan should have occupied. At this time I had but about forty-five men with me ; some of whom were wounded. The enemy continued to close around me, nor was it in my power to prevent it : by which means, my situation, which was advantageous in the beginning of the attack, ceased to be so at its close. Being almost entirely surrounded with such unequal num- bers, I ordered a retreat : but found that those of the enemy, who were of the couit- f06 MEMOIR OP try, and their Indians, could run as fast as my men, though the regulars could not. Thus 1 retreated near a mde ; and some of the en- my, with the savages, were continually blank- ing me, and others crowdmg hard in the rear. In fine, I expected, in a very short time, to t)y the world of spirits : for I was ap- prehensive that no quarter would be given to me ; and, therefore, I had determined to sell my life as dearly as I could. One of the en- emy's officers, boldly pressing in the rear, discharged his fusee at me. The ball whis- tled near me, as did many others that day. I returned the salute, and missed him, as run- ning had put us both nearly out of breath ; for I conclude we were not frightened. I then saluted him with my tongue, m a harsh man- ner, and told him, that inasmuch as his num- bers w ere so far superior to mine, I would surrender, provided I could be treated with honor, and be assured of good quarter for myself, and the men who were with me. He answered that I should. Another officer, coming up soon after, confirmed the treaty ; upon which I agreed to surrender, with mj party, which then consisted of thirty-one ef- fective men, and some wounded. I ordered them to ground their arms, which they did. The ofiicer I capitulated with, then di- rected me and my party to advance towards him, which was done. I handed him my sword ; and^ in half a minute after, a savage, COL. ETHAN ALLEN. 107 part of whose head was shaved, being al- most naked and painted, with feathers inter- mixed with the hair of the other side of his head, came running towards me with incred- ible swiftness. He seemed to advance with more than mortal speed. As he approach- ed near me, his hellish visage was beyond all description. Snakes' eyes appear innocent in comparison with his. His features were distorted, and mahce, death and murder .were depicted upon his countenance ;* and, , when within less than twelve feet of me, pre- sented his musket. At the instant of liis present, I twitched the officer, to whom 1 gave my sword, between myself and him. — He flew round, with great fury, trying to sin- gle me out to shoot me, without killing tha officer; but, by this time, I was near as nim- ble as he — keeping the officer in such a posi- tion, that his danger was my defence. In less than a minute afterwards, I was attacked by just such another imp. I then made th« officer fly around with incredible swiftness. One of the Canadians lost an ^ye, as it ap- peared afterwards, in taking my part ; and, soon after, an Irishman came to my assist- ance, with a fixed bayonet, and drove away the savages: swearing, by J — s, he would kill them. This tragic scene composed my * A portion of the description of this ** Savage" is omitted. J08 MEMOIR 0]P mind.* The escaping from so awful a death, made even imprisonment happy ; the more BO, as my conquerors on the held treated me with great civility and politeness. " The regular officers said they were very happy to see Col. Allen. I answered thenh, that I should rather chosen to have seen them at Gen. Montgomery's camp. They replied that they gave full credit to what I said ; and, I walked into the town, which was, as I should think, a distance of more than two miles— a British officer walking at my right hand, and one of the French no- blesse at my left. The latter was in the ac- tion, and had his eye brow carried away by a glancing shot : but was, nevertheless, very lacetious. No abuse was offered me, until i came to the barrack yard, where I met Gen. Prescott, who asked me my name, which I told him. He then asked me whether I was the Col. Allen who took Ticonderoga ? I told him I was the very man. He then shook his cane over my head, calling me many hard names ; among which he frequently us- ed the word rebels and put himself in a great rage. I told him he would do well not to cane me, as I was not accustomed to it t and shook my fist at him^ telling him that " that was the beeth of 7nortality^^^ for him, if he of- * The Colonel was, surely, of a peculiar tempe- rament. Very few men, we apprehend, can feath- er composure, in a struggle between life and death. COL. ETHAN ALLEN, 109 fered to strike; upon which, Capt. M'Cloud, of the British, pulled him by the skirt, and whispered to him, as he afterwards told me, to this import : that it would be inconsist- ent with his honor to strike a prisoner. He then ordered a sergeant's command, with fixed bayonets, to come forward, and kill thirteen Canadians,.which were included in the treaty aforesaid. The cruelty and manifest injustice of this order, aroused the sensibilities of Col. Al- len : '' It cut me to the heart," he says, " to see the Canadians in so hard a case, in con- sequence of their having been true to me ; they were wringing their hands, saying their prayers, as I concluded, and expected imme- diate death. I, therefore, stepped between the executioners and the Canadians, opened my clothes, and told Gen. Prescott to thrust his bayonet into my breast, for I was the sole cause of the Canadians taking up arms. " The guard, in the meantime, were rolhng their eye-balls from the General to me, as though impatiently waiting his dread com- mands to sheath their bayonets in my heart. I could, however, plainly discern that he was in a suspense and quandary about the matter. This gave me additional hopes of succeed- ing ; for my design was not to die, but save the Canadians by a finesse. The General stood a minute, when he made me the fol- lowing reply : " I will not execute you now ; 10 110 ME^IOIR OF but you shall grace a halter at T} bum, ved me five or six rods, but by making use of my legs, I got rid of the lubber. Sometimes I could obtain a COL. ETKAX ALLE>\ 161 little conversation, notwithstanding tlieir se- verities. "I was in one of the church yards, and it was rumoured among those in the church, and sundry of the prisoners came v/ith their usual complaints to me, and anionic the rest, a large boned, tali young man, as he told mc, from Pennsylvania, who Avas reduced to a mere skeleton. He said he was glad to sec me before he died, v» hich he expected to have done last night, but w^as a httle revived ; he farthermore informed mc, that he and his brother had been urged to enlist into the ' British service, but had both resolved to die I first ; that his brother had died last night, in •*! consequence of that resolution, and that he I expected shortly to follov/ him ; but I made •, the other prisoners stand a little off, and told •I \ him, with a lov/ voice, to enlist. He then asked, whether it was right in the sight of God ? I assured him that it v/as, and that duty to himself obliged him to deceive the British by enlisting, and deserting the first \ opportunity ; upon which he answered with transport, that he would enlist. 1 charged him not to m.ention my name, as his adviser, lest it should get air, and I should be closely confined, in consequence of it. The integ- rity of these suffering prisoners, is hardly credible. Many hundreds, I am confident, submitted to death, rather than enlist in the British service, which, I am informed, thev 14* 162 MEMOIR OP most generally were pressed to do. I was astonished at the resolution of the brothers particularly. It seems that they could not be stimulated to such exertions of heroism from ambition, as they were but obscure sol- diers ; strong, indeed, must the internal prin- ciple of virtue be, which supported them to brave death, and one of them went through the operation, as did many hundred others. I readily grant that instances of pubhc vir- tue are no excitement to the sordid and vi- cious ; nor, on the other hand, will all the barbarity of Britain and Heshland* awaken them to a sense of their d'lty to th® public; but these things will have their proper eftect on the generous and brave. The officers on parole were most of them zealous, if possi- ble, to afford the miserable soldiery relief, and often consulted with one another on the sub- ject, but to no efl'ect, being destitute of the means of subsistence, which they needed. — Nor could the officers project any measure, which they thought would alter their fate, or so much as be a mean of getting them out of those filthy places, to the privilege of fresh air. Some projected that all the officers should go in procession to Gen. Howe, and plead the cause of the perishing soldiers ; but this proposal was negatived, for the fol- * Meant for Hesse, in Germany. These troops werewhat were called mercenaries; being in the pay a foreign power. UOL*. ETHAiN ALLEK» 163^ lowing reasons, viz : Because that Gen.. Howe must needs be well acquainted, and^ have a thorough knowledge of the state and condition of the prisoners, in every of their wretched apartments, and that much more- particular and exact than any officer on pa- role could be supposed to have, as the Gen- eral had a return of the circumstances of the prisoners, by his own officers, every mor- ning, of the number which were alive, as al- so the number which died every twenty four' hours ; and consequently the bill of mortal- ity, as collected from the daily returns, lay before him, with all the material situations and circumstances of the prisoners ; and^- provided the officers should go in procession' to Gen. HoAve, according to the projection^ it would give him the greatest affront, and that he would either retort upon them, that it was no part of their parole, to instruct'him- in his conduct to prisoners ; that they were mutinying against his authority, and, by af- fronting him, had forfeited their parole; or that, more probably, instead of saying one word to them, would order them all into as wretched a confinement as the soldiers, whom they sought to relieve ; for, at that time, the British, from the General to the private cen- tinel, were in full confidence, nor did they so much hesitate, but that they should conquer the country. Thus the consultation of th.^ officers was confounded and broken to pieces. 164 MEMOIR OF in consequence of the dread, which at that time lay on their minds, of offending Gen. Howe ; for they conceived so murderous a tyrant would not be too good to destroy even the officers, on the least pretence of an af- front, as they were equally in his power with the soldiers ; and, as Gen. Howe perfectly understood the condition of the private sol- diers, it was argued that it was exactly such as he and his council had devised, and as he meant to destroy them, it would be to no pur- pose for them to try to dissuade him from it, as they were helpless and liable to the same fate, on giving the least affront ; indeed, anx- ious apprehensions disturbed them in their then circumstances. "Mean time mortality raged to such an in- tolerable degree among the prisoners, that the very school boys in the streets knew the mental design of it in some measure ; at least, they knew that they were starved to death. Some poor v/omen contributed to their necessities, till their children were al- most starved, and all persons of common un- derstanding knew, that they vv^ere devoted to the crudest and worst of deaths. It was al- so proposed by some, to make a written rep- resentation of the condition of the soldiery, and the officers to sio^n it, and that it should be couched in such terms, as though they were apprehensive that the General was im- posed upon by his officers, in their daily re- COL. ETHAN ALLEN. 165 turns to him, of the state and condition of the prisoners ; and that, therefore, the offi- cers, moved with compassion, were constrain- ed to cbmrnnnicate to him the facts relative to them, nothing doubting but that they would meet with a speedy redress ; but this proposal was most generally negatived also, and for much the same reason offered in the other case; for it was conjectured that Gen. Howe's indignation would be moved against such officers as should attempt to whip him over his officers' backs ; that he would dis- cern that himself was really struck at, and not the officers who made the daily returns ; and, therefore, self preservation deterred the officers from either petitioning or remonstra- ting to Gen. Howe, either verbally or in wri- ting; as also the consideration that no valu- able purpose to the distressed would be ob- tained. "-I made several rough drafts on the sub- ject, one of which I exhibited to Cols. Ma- gaw, Miles and Atlee, and they said that they would consider the matter ; soon after 1 call- ed on them, and some of the gentlemen in- formed me, that they had v/ritten to the Gen- eral on the subject, and I concluded that the gentlemen thought it best that they should write without me, as there was such spirited aversion subsisting between the British and me. *'In the mean time a Col. Hussecker, of tha 166 MEMOIR OP continental army, as he then reported, was taken prisoner, and brought to New York, who gave out that the country was almost universally submitting to the English King's authority, and that there would be little or no more opposition to Great Britain : This at first gave the officers a little shock, but in a few days recovered themselves ; for this Col. Hussecker, being a German, was feasting with Gen. De Heister, his countryman, and from his conduct, they were apprehensive, that he was a knave; at least, he was esteem- ed so by most of the officers ; it was, nev- ertheless, a day of trouble. The enemy blasphemed. Our little army was retreating in New Jersey, and our young men murdered by hundreds in New York : The army of Britain and Heshland prevailed for a little season, as though it was ordered by Heaven to shew, to the latest posterity, what the Brit- isli would have done if they could, and what the general calamity must have been, in con- sequence of their conquering the country, and to excite every honest man to stand forth in the defence 6f liberty, and to establish the independency of the United States of Amer- ica forever : But this scene of adverse for- tune did not discourafye a Washin£[ton : The illustrious American hero, remained immov- able. In liberty^s cause he took up his sword: This retlection, was his support and conso- lation in the day of his humiliation, when ho COL. ETHAN ALLEN. 167 retreated before the enemy, through New- Jersey into Pennsylvania. Their triumph only roused his indignation ; and the impor- tant cause of his country, which lay near his heart, moved him to cross the Delaware again, and take ample satisfaction on hi^ pursuers. No sooner had he circumvallated his haughty foes, and appeared in terrible ar- ray, but the host of Heshland fell. This taught America the intrinsic worth of perse- verance, and the generous sons of freedom fievv to the standard of their common safe- guard and defence ; from which time the arm of American liberty hath prevailed.* * The American army being greatly reduced by the loss of men taken |>risoners, and by the depar- ture of men whose enlistments had expired, Gen. Washington was obIi<2;ed to retreat towards Phila- delphia. Gen. Howe, exulting in his successes, pursued him, notwilhstandin;:!; tlie weather was se- verely cold. To add to the disasters of the Ameri- cans, Gen. Lee Nvas surprised and taken prisoner at Baskenridge. In this gloomy state of affairs, many persons joined the British cause, and took protec- tions. But a small band of heroes checked the tide of British success. A division of Hessians had advanced to Trenton, where they reposed in secu- rity. Gen. Washington was on the opposite side of the Delaware, with about three thousand men, many ol whom were without shoes or convenient clothing ; and the river was covered with floating ice. But the General knew the importance of striking some successful blow, to animate the ex- piring hopes of the country ; and on the night of 168 MEMOIR OP This surprise and capture of the Hessians enraged the enemy, who were still vastly more numerous than the continental troops: They, therefore, collected, and marched from Princeton, to attack Gen. Washington, who was then at Trenton, having previously left a detachment from their main body at Prince- ton, for the support of that place. This was a trying time for our worthy General, though in possession of a late most astonishing vic- tory, was, by no means, able to withstand the collective force of the enemy ; but his saga- city soon suggested a stratagem to effect that which, by force, to him was at that time impracticable : He tlierefore amused the enemy with a nuuiber of hres, and in the night made a forced march, undiscovered by them, and next morning, fell in with their rear guard at Princeton, and killed and took most of them prisoners. The main body too late perceived their rear was attacked, hurried back with all speed, but, to their mortification, found they were out-generalled, and baffled by Gen. Washington, who had retired with his little army towards Morristown, and was December 25tb, crossed (he river, and fell on the enemy by surprise, and took the whole body, con- sistinoof about nine hundied men. A few were killed, among whom was Colonel Rahl, the com- mander. [ Webster'' s Elements. ^. COL. ETHAN ALLEN. 169 out of their power.* These repeated suc- cesses, one on the back of the other, cha- grined the enemy prodigiously, and had an amazing operation in the scale of American politics, and undoubtedly was one of the cor- ner stones, on which their fair structure of Independenc has been fabricated ; for the country at no one time has ever been so much dispirited as just before the morning of this glorious success, which in part dispelled the * On the 2d of January, 1777, Lord Cornwallis appeared near Trenton, with a strong body of troops. Skirmishing took place, and impeded the inarch of the British army, until the Americans had secured their artillery and baggao;e ; when they retired to the southward of the creek, and repulsed the enemy in their attempt to pass the bridge. As Gen. Washington's force was not sufficient to meet the enemy, and his situation was critical, he de- termined, with the advice of a council of war, to I attempt a stratagem. He gave orders for the troops I to light fires in their camp, (which were intended , to deceive the enemy ) and he prepared to march. J Accordingly at 12 o'clock at night the troops left I the ground, and by a circuitous march eluded the vigilance of the enemy, and early in the morning appeared at Princeton. A smart action ensued, hut the British troops gave way. A party took refuge in the college, a building with strong stone walls, but were forced to surrender. The enemy lost in killed, wounded and prisoneis, about five hundred men. The Americans lost but few men ; but among them, was a most valuable officer, General Mercer. [ Webster^s Elements. 15 J 70 MEMOIR OP gloomy clouds of oppression and slavery, which lay pending over i^merica, big with the ruin of this and future generations, and en- hghtened and spirited her sons to redouble their blows on a merciless, and haughty, and, I may add, perfidious enemy. "Farthermore, this success had a mighty effect on Gen. Howe and his council, and roused them to a sense of their own weak- ness, and convinced them that they were nei- ther omniscient nor omnipotent. Their ob- duracy and death-designing malevolence, in some measure, abated or was suspended. — The prisoners, who were condemned to the most wretched, and crudest of deaths, and who survived to this period, though most of them died before, were immediately ordered to be sent within Gen. Washington's lines for an exchange ; and, in consequence of it, were taken out of their filthy and poisonous places of confinement, and sent out of New York to their friends in haste ; several of them fell dead in the streets of New York, as they attempted to walk to the vessels in the harbor, for their intended embarkation. What numbers lived to reach the lines, I can- not ascertain, but, from concurrent represen- tations which I have since received from numbers of people who lived in and adjacent to such parts of the country, where they were received from the enemy, I apprehend that most of them died in consequence of COL. ETHAN ALLEN. 171 the vile usage of the enemy. Some, who were eye-witnesses of that scene of mortal- ity, more especially in that part which con- tinued after the exchange took place, are of opinion, that it was partly in consequence of a slow poison; but this I refer to the doc- tors that attended them, who are certainly the best judges. "Upon the best calculation I have been able to make, from personal knowledge, and the many evidences I have collected m sup- port of the facts, I learn that, of tiie prison- ers taken on Long Island, Fort Washington and some few others, at different times and places, about two thousand perished with hunger, cold and sickness, occasioned by the filth of their prisons, at New York, and a number more on their passage to the conti- nental lines ; most of the residue, who reach- ed their friends, having received their death wound, could not be restored by the assist- ance of physicians and friends; but, like their brother prisoners, fell a sacrifice to the relentless and scientific barbarity of Britain. I took as much pains as my circumstances would admit of, to inform myself not only of matters of fact, but likewise of the very Je- sign and aims of Gen. Howe and his council ; The latter of which I predicated on the for- mer, and submit it to the candid public. "And lastly, the aforesaid success of the American arms had a happy eflect on the 172 MEMOIR OP continental officers, who were on parole at New York : A number of us assembled, but not in a public manner, and, with full bowls and glasses, drank Gen. Washington's health, and were not unmindful of Congress, and our worthy friends on the continent, and al- most forgot that we were prisoners. "A few days after this recreation, a British officer of rank and importance in their army, whose name I shall not mention in this narra- tive, for certain reasons, though I have men- tioned it to some of my close friends and confidants, sent for me to his lodgings, and told me, "That faithfulness, though in a wrong cause, had, nevertheless, recommend- ed me to Gen. Sir William Howe, who was minded to make me a Colonel of a regiment of new levies, abas tories, in the British ser- vice ; and proposed that I should go with him, and some other officers, to England, who would embark for that purpose, in a few days, and there be introduced to Lord G. Germaine, and probably to the King; and, that previously, I should be clothed equal to such an introduction, and, instead of paper rags, be paid in hard guineas ; after this, should embark with Gen. Burgoyne, and as- sist in the reduction of the country, which in- fallibly would be conquered, and, when that should be done, I should have a large tract of land, either in the New Hampshire grants, or in Connecticut, it would make no odds, as COL, ETHAN ALLEN. 173 the country would be forfeited to the crown." I then rephed, "That, if by faithfulness, I had recommended myself to Gen. Howe, I should be loth, by unfaithfulness, to lose the Gener- al's good opinion ; besides, that I viewed the offer of land to be similar to that which the devil offered Jesus Christ; "To give him all the kingdoms of the world, if he would fall down and worship him ;'' when, at the same time, that the d — d soul had not one foot of land upon earth.*' This closed the conver- sation, and the gentleman turned from me Avith an air of dislike, saying, I v/as a bigot ; upon which I retired to my lodgings. "Near the last of November, I was admit- ted to parole in New York, with many other American officers, and on the 22d day of Januar)^, 1777, was with them directed by the British commissary of prisoners, to be quartered on the westerly part of Lond Isl- and, and our parole continued. During my imprisonment there, no occurrences worth observation happened. I obtained the means of living as well as I desired, which, in a I great measure, repaired my constitution, , wdiich had been greatly injured by the severi- j ties of an inhuman captivity. I now began I to feel myself composed, expecting either an exchange, or continuance in good and honor- able treatment ; but alas ! my visionary ex- pectations soon vanished. The news of the conquest of Ticonderoga, by General ]5* 174 MEMOIR OP Burgoyne,* and the advance of his army into the country, made the haughty Britains again to feel their importance, and with that, their insatiable thirst for cruelty. "The private prisoners at New York, and some of the officers on parole, felt the sever- ity of it. Burgoyne was their demi-god : To him they paid adoration : In him the to- nes placed their confidence, "and forgot the Lord, their God," and served Howe, Bur- goyne and Knyphausen, "and became vile in their own imaginations, and their foolish hearts were darkened, professing" to be great politicians, and relying on foreign and merci- less invaders, and v/ith them seeking the ruin^ *In June, 1776, the British army amounting to seven thousand men, besides Indians and Canadi- ans, commanded by Gen. Burgoyne, crossed the Lake and laid siege to Ticonderoga. In a short time, the enemy gained possession of Sugar Hill, which commanded the American lines, and Gen. St. Clair, with the advice of a council of war, or- dered the posts to be abandoned. The retreat of the Americans was conducted under every possible disadvantage — part of their force embarked in bat- teaux and landed at Giienesborough — a part march- ed by the way of Castleton ; but they were oblig- ed to leave their heavy cannon, and on their march lost a great part of their baggage and stores, while their rear was harrassed by the British troops. An action took place between Col. Warner, with a bo- dy of Americans, and Gen. Frazer, in which the Americans were defeated, after a brave resistance, with the loss of a valuable officer, Col. Francis. COL. ETHAN ALLEN. 175 bloodshed and destruction of their country ,^ "became fools," expecting with them to share a dividend in the confiscated estates of their neighbors and countrymen, who fought for the whole country, and the rehgion and liberties thereof: — ''Therefore, God gave them over to strong delusions, to believe m lie, that they all might be damned." "The 25th day of August, I was appre- hended, and, under pretext of artful, mean, and pitiful pretences, that I had infringed on my parole, taken from a tavern, where there were more than a dozen officers present, and in the very place where those officers and myself were directed to be quartered, put under a strong guard, and taken to New York, where I expected to make my defence, before the commanding officer ; but, contra- ry to my expectations, and without the least solid pretence of justice or a trial, was again encircled with a strong guard, with fixed bay- onets, and conducted to the provost-gaol, in a lonely apartment, next above the dungeon, and was denied all manner of subsistence, either by purchase or allowance. The sec- ond day I offered a guinea for a meal of vict- uals, but was denied it; and the third day, I offered eight Spanish milled dollars for a like favor, but was denied; and, all I could get out of the sergeant's mouth, was, that by G — d, he would obey his orders. I now per- ceived myself to be again in substantial 176 MEMom OP trouble. In this conclitioR^ I formed an ob- lique acquaintance with a Capt. Travis, of Virginia, who was in the dungeon below me, through a little hole which was cuty with a penknife, through the floor of my apartment, which communicated with the dungeon; it was a small crevice, through which I could discern but a very small part of his face at once, when he applied it to the hols ; but from the discovery of him in the situation which we were both then in, I could not have known him, which I found to be true, by an after acquaintance. I could, nevertheless, hold a conversation with him, and soon per- ceived him to be a gentleman of high spirits, who had a high sense of honor, and felt as big, as though he had been in a palace, and had treasures of wrath in store against the British. In fine, I was charmed with the spirit of the man ; he had been near or quite four months in that dungeon, with murderers, thieves, and every species of criminals, and all for the sole crime of unshaken fidehty to his counti-y ; but his spirits were above de- jection,, and his mind unconquerable. I en- gaged to do him every service in my power, and in a few weeks afterwards, with the uniU ed petitions of the officers in the provost, procured his dismission from the dark man^ sion of fiends, to the apartments of his pe- titioners. *'And it came to pass on the third day, at COL. ETHAN ALLEN 177 the going down of the sun, that I was pre- sented with a piece of boiled pork, and some biscuit, which the sergeant gave me to un- derstand, was my allowance, and 1 fed sweet- ly on the same ; but I indulged my appetite by degre^s^ and, in a few days more, was taken from that apartment, and conducted to the next loft or story, where there were above twenty continental, and some militia officers, who had been taken, and imprison- ed there, besides some private gentlemen, who had been dragged from their own homes to that filthy place, by tories. Several of every denomination mentioned, died there, some before, and others after I was put there. '-The history of the proceedings relative to the provost only, were I particular, would swell a volume larger than this whole narra-^ live : I shall, therefore, only notice such of the occurrences which are most extraor- dinary. "Capt. Vandyke bore, with an uncommon fortitude, near twenty months' confinement in this place, and in the mean time, was ve- ry serviceable to others who were confined with him. The allegation against him, as the cause of his confinement, was very ex- traordinary : He was accused of setting fire to the city of New York, at the tinrie the west part of it was consumed, when it was a known fact, that he had been in the pro» H8 Memoir op vest a week before the fire broke out ; and, in like manner, frivolous, were the ostensible accusations against most of those who were there confined ; the case of two militia of- ficers excepted, who were taken in their at- tempting to escape from their parole ; and probably, there may be some other instances which might justify such a confinement. "Mr. William Miller, a committee man, from West Chester county, and state of New York, was taken from his bed in the dead of the night, by his tory neighbours, and was starved for three days and nights, in an apartment of the same gaol ; add to this the denial of fire, and that in a cold season 6f the year, in which time he walked day and night to defend himself against the frost, and when he complained of such reprehensible con- duct, the word rebel or committee man was deemed by the enemy a sufficient atonement for any inhumanity that they could invent or inflict. He was a man of good natural un- derstanding, a close and sincere friend to the liberties of x4merica, and endured fourteen months' cruel imprisonment, with that mag- nanimity of soul, which reflects honor on himself and country. "Maj. Levi W^ells and Capt. Ozias Bissell,. were ap{3rehended and taken under guard from their parole on Long Island, to the pro- vost, on as fallacious pretences as the for- mer, and were there continued till their e^ COL. ETHAN ALLEN, 179 change took place, which was near five months. Their fidehty and zealous attach- ment to their country's cause, which was more than commonly conspicuous was, un- doubtedly, the real cause of their confine- ment. "Major Brinton Payne, Capt. Flahaven, and Capt. Randolph, who had at diHerent times distinguished themselves by their bravery, especially at the several actions, in which they were taken, were all the provo- cations they gave, for which they suffered about a year's coniineraent, each in the same filthy gaol* "A few weeks after my confinement, on the like fallacious and wicked pretences, was brought to the same place, from his parole, on Long Island, Major Otho Holland Will- iams, now a full Colonel in the continental army. In his character are united the gen- tleman, officer, soldier, and friend ; he walk- ed through the prison with an air of great disdain; said he, "Is this the treatment which gentlemen of the continental army are to expect from the rascally British, when in their power ? Heaven forbid it !" He was continued there about five months, and then exchanged for a British Major. * The sufferini^s of the prisoners in New York, who remained faithful to their country's cause, are stated, on other authorities, to have been severe and excessive. 180 MEMOIR OF "John Fell, Esq. now a member of Con- gress for the state of New Jersey, was taken from his own house, by a gang of infamous tories, and by order of a British General, was sent to the provost, where he was continued near one year. The stench of the gaol, which was very loathsome and unhealthy, occasioned a hoarseness of the lungs, which proved fatal to many who were there confin- ed, and reduced this gentleman near to the point of death ; he was indeed given over by his friends, who were about him, and he himself concluded he must die. I could not endure the thought that so worthy a friend to America, should have his life stolen from him in such a mean, base, and scandalous manner, and that his family and friends should be bereaved of so great and desira« ble a blessing, as his iarther care, unefulness and example, might prove to them. I, there- fore, wrote a letter to Gen. Robertson, who commanded in town, and being touched with the most sensible feelings of humanity, which dictated my pen to paint dying distress in such lively colours, that it wrought convic- tion even on the obduracy of a British Gen- eral, and produced his order to remove the now honorable John Fell, out of a gaol, to private lodgings in town ; in consequence of which, he slowly recovered his health. — There is so extraordinary a circumstance COL. ETHAN ALLEN. l8l which intervened concerning this letter, that it is worth noticing. "Previous to sending it, I exhibited the same to the gentleman on whose behalf it was written, for his approbation, and he for- bid me to send it in the most positive and explicit terms : his reason was, "That the enemy knew, by every morning's report, the condition of all the prisoners, mine in par- ticular, as I have been gradually coming to my end for a considerable time, and they ve- ry well knew it, and hkewise determined it should be accomplished, as they had served many others ; that, to ask a favor, would give the merciless enemy occasion to tri- umph over me in my last moments, and, therefore, I will ask no favors from them, but resign myself to my supposed fate." But the letter I sent without his knowledge, and I confess I had but little expectations from it, yet could not be easy till I had sent it. It may be worth a remark, that this gentleman was an Englishman born, and from the be- ginning of the revolution, has invariably as- serted, and maintained the cause of liberty. "The British have made so extensive [an improvement of the provost during the pre- sent revolution, till of late, that a very short definition will be sufficient for the dullest ap- prehensions. It may be with» propriety call- ed the British inquisition, and calculated to support their oppressive measures and de- 16 182 MEMOIR OF signs, by suppressing the spirit of liberty ; as also a place to confine the criminals, and most infamous wretches of their own army, where many gentlemen of the American ar- my, and citizens thereof, were promiscuous- ly confined, with every species of criminals ; but they divided into difi:erenl apartments, and kept at as great a remove as circum- stances permitted ; but it was, nevertheless, at the option of a villainous sergeant, who had the charge of the provest, to take any gentleman from their room and put them into the dungeon, which was often the case: At two different times, I was taken down stairs for that purpose, by a file of soldiers, with fixed bayonets, and the sergeant brandishing his sword at the same time, and having been brought to the door of the dungeon, I there flattered the vanity of the sergeant, whose name v\ as Keef, by which means I procured the surprising favor to return to my compan- ions ; but some of the high mettled young gentleman could not bear his insolence, and determined to keep at a distance, and neither please or displease the villain, but none could keep clear of his abuse; however, mild meas- ures were the best ; he did not hesitate to call us d- — d rebels, and use us with the coarsest language. Captains Flahaven, Ran- dolph, and Mercer, were the objects of his most flagrant and repeated abuses, who were many times taken to the dungeon, and there COL. ETHAN ALLEN. 183 continued at hia pleasure. Capt. Flahaven took cold in the dungeon, and was in a de- clining state of health, but an exchange de- livered him, and, in all probability, saved his life. It was very mortifying to bear with the insolence of such a vicious and ill bred im- perious rascal. Remonstrances against him were preferred to the commander of the town, but no relief could be obtained ; for his superiors were, undoubtedly, well pleased with his abusive conduct to the gentlemen, under the severities of his power ; and re- monstrating against his infernal conduct, on- ly served to confirm him in authority ; and for this reason, 1 never made any remonstrances on the subject, but only stroaked him, for I knew that he was but a cat's paw, in the hands of the British officers, and that, if he should use us well, he would immediately be put out of that trust, and a worse man ap- pointed to succeed him; but there was no need of making any new appointment ; for Cunningham, their provost marshal, and Keef, his deputy, were as great rascals as their army could boast of, except one Joshua Loring, an infamous tory, who was Commis- sary of prisoners ; nor can any of these be supposed to be equally criminal with Gen. Sir WilHam Howe and his associates, who prescribed and directed the murders and cru- elties, which w^ere by them perpetrated. — This Loring is a monster ! — There is not his 181 MEMOIR OF like in human shape. He exhibits a smiHng countenance, seems to wear a phiz of hu- manity, but has been instrumentally capable of the most consummate acts of wickedness, which were first projected by an abandoned British council, clothed with the authority of a Howe, murdering, premeditated !y, in cold blood, near or quite tv^o thousand helpless prisoners, and that, in the most clandestine, mean and shameful manner, at New York. "The 6th day of July, 1777, Gen. St. Clair, and the army under his command, evacuated Ticonderoga, and retreated with the main body through Hubbardton into Castleton, which was but six miles distance, when his rear guard, commanded by Col. Seth Warn- er, was attacked at Hubbardton, by a body of the enemy of about two thousand, com- manded by Gen. Frazer. Warner's com- mand consisted of his own and two other re- giments, viz : Francis' and Hale's, and some scattering and enfeebled soldiers. His whole number, according to information, was near or quite one thousand; part of which were Green Mountain Boys ; about seven hundred out of the whole, he brought into action.— The enemy advanced boldly, and the two bodies formed within about sixty yards of each other. Col. Warner having formed his own regiment and that of Col. Francis, did not wait for the enemy, but gave them a hea- vy fire from his whole line, and they returned COL. ETifi^AN ALLEN. 185 it with great bravery. It was, by this time, datigerous for those of both parties, who were not prepared for the world to come ; but Col. Hale, being apprised of the danger, never brought his re^riment to the charge, but left Warner and Francis to stand the blowing of it, and fled, but luckily fell in v/ith an inconsiderable number of the enemy, and to his eternal shame, surrendered himself a prisoner. "The conflict was very bloody. Col. Fran- cis fell in the same, but Col. Warner, and the officers under his command, as also the sol- diery, behaved with great resolution. The enemy broke, and gave way on the right and left, but formed again, and renewed the at- tack ; in the mean time, the British grena- diers, in the centre of the enemy's line, main- tained the ground, and finally carried it with the point of the bayonet, and Warner retreat- ed with reluctance. Our loss was about thirty men, killed, and that of the enemy, amounting to three hundred, killed, including j a Major Grant. The enemy's loss, I learnt I from the confession of their own officers, j when a prisoner with them. I heard them j likewise complain, that the Green Mountain Boys took sight. The next movement of the 1 enemy, of any material consequence, was their investing Bennington,* with a design f o *The Americans had collected a quantity of stores at Bennineton ; to destroy which, as well as 16 * 186 MEaiOIR OF demolish it, and subject its Mountaineers, to which they had a great aversion, with one hundred and fifty chosen men, inchiding to- ries, with the highest expectation of success, and having chosen an eminence of strong ground, fortified it with shght breast works, and two pieces of cannon ; but the govern- ment of the young state of Vermont, being previously jealous of such an attempt of the enemy, and in due time had procured a num- ber of brave militia, from the government of New Hampshire, who, together with the mi- litia of the north part of Berkshire county, and state of Massachusetts, and the Green Mountain Boys, constituted a body of reso- lute men, under the command of the intre- to animate the royalists and intimidate the patriots, Gen. Burgoyne detached Col. Baum, with five hundred men and one hundred Indians, Col. Brey- mari was sent to leinforce him, but did not arrive in time. On the 16th of Aui^ust, Gen. Stark, with about ei»ht hundred brave militia men, attacked- Col. Baum, in his entrenched camp, about six miles fiom Bennington, and killed or took prisoners, nearly the whole detachment. The next day Col. Breyman was attacked and defeated. In these ac. tions, the Americans took about seven hundred prisoneis, and these successes served lo revive the spirits of the people. This success, however, was, in part, counterbalanced by (he advantao;e8 gained on the Mohawk, by Col. St. Leger ; but this offi- cer, attacking Fort Stanwix, was repelled, and obliged to abandon the attempt. COL. ETHAN ALLEN. 187 pid Gen. vStark, who, in number, were about equal to the enemy. Col. Herrick, who com- manded the Green Mountain Rangers, and who was second in command, being thor- oughly acquainted with the ground where the enemy had fortified, proposed to attack them in their works upon all parts, at the 55ame time. This plan being adopted by the General and his council of war, the little mi- litia brigade of undisciplined heroes, with their long brown firelocks, the best security of a free people, without either cannon or bayonets, was, on the 16th day of August, led on to the attack by their bold command- ersy in the face of the enemy's dreadful fire, and to the astonishment of the world, and burlesque of discipline, carried every part of their lines in less than one quarter of an hour after the attack became general, took their cannon, killed and captured more than two thirds of their number, which immortalized Gen. Stark, and made Bennington famous to posterity. "Among the enemy's slain was found CoL Baum, their commander, a Col. Pfester^ who headed an infamous gang of tories, and a large part of his command; and among the prisoners was Major Meibome, their second in command, a number of British and Hes- sian officers, surgeons, &;c., and more than one hundred of the aforementioned Pfester'a command. The prisoners being collected 188 MEMOIPw OF togetheiv were sent to the meeting house in the town, by a strong guard, and Gen» Stark, not imagining any present danger, the mihtia scattered from him to rest and refresh them- selves ; in this situation he was on a sudden attacked by a reinforcement of one thousand and one hundred of the enemy, commanded by a Gov. Skene, with two field pieces : — They advanced in regular order, and kept up an incessant fire, especially from their field pieces, and the remaining militia retreat- ing, slowly before them, disputed the ground, inch by inch. The enemy were heard to hal- loo to them, saying, "stop Yankees." In the mean time, Gol. Warner, with about one hundred and thirty men of his regiment, who were not in the first action, arrived and at- tacked the enemy with great fury, being de- termined to have ample revenge on account of the quarrel at Hubbardton, which brought them to a stand, and soon after, Gen Stark and Col. Herrick, brought on more of the scattered militia, and the action became gen- eral ; and in a few minutes, the enemy were forced from their cannon, gave way on all parts^ and fied ; and the shouts of victory were, a second time, proclaimed in favor of the mihtia. The enemy's loss, in killed and and prisoners, in these two actions, amount- ed to more than one thousand and two hun- dred men, and our loss did not exceed fifty men. This was a bitter stroke to the enemy, COL. ETHAN ALLEX. 180 but their pride would not permit thern to he* sitate but thattlrey could vanquish the coun-^ try : and, as a specimen of their arrogancy,- I shall insert Geii. Burgoyiie's proclamation. ^'By John Biirgoyne^ Esq, Lieutenani-Geiier' al of his Majesty'' s armies in America^ Colonel' of the Queen'' s recriment of light dragoons^ Gov enior of Fori William in North Britain^ one of the Representatives of the Commons of Great Britain^ in Parliament^ and commayiding an ar- my and fleet employed on an expedition from Can- ada^ S{c. Sfc, S{c. •^•The forces entrusted to my command are designed to act in concert, and upon a common principle, with the numerous ar- mies and fleets which already display, in ev^- ery quarter of America, the power, the jus- tice, and, when properly sought, the mercy of the King. "The cause,- in which the British arms arc thus exerted, applies to the most affecting interests of the human heart ; and the mil- itary servants of the crown, at first called forth for the sole purpose of restoring the rights of the constitution, now^ combine witk love of their country, and duty to their sove- reign, the other extensive incitements which spring from a due sense of the general privi- leges of mankind. To the eyes and ears of the temperate part of the public, and to th© breasts of suffering thousands in the prOviUr 19tt MEMOIR OP ces, be the melaneholy appeal, whether the present unnatural rebeUion has not been made a foundation for the completest system of tyranny that ever God, in his displeasure^ suffered for a time, to be exercised over a froward and stubborn generation. "Arbitrary imprisonment, confiscation of property, persecution and torture, unprece- dented in the inquisitions of the Romish church, are among the palpable enormities that verify the affirmative. These are in- flicted by assemblies and communities, ^vho dare to profess themselves friends to liberty,. upon the most quiet subjects, without dis- tinction of age or sex, for the sole crime, oft- en for the sole suspicion, of having adhered in principle, to the government under which they were born, and to which, by every tie^ divine and human, they owe allegiance. To consummate these shocking proceedings, the profanation of religion is added to the most profligate prostitution of common reason ; the consciences of men are set at nought ; and multitudes are compelled, not only to bear arms, but also to swear subjection to an usurpation they abhor. "Animated by these considerations ; at the head of troops in the full powers of health, discipHne, and valor ; determined to strike where necessary, and anxious to spare where possible, I, by these presents, invite and ex- hort all persons, in all places, where the pro-- €01.. ETHAN ALLEN, 1 91 :gress of this army may point ;; and by the blessing of God, I will extend it far, to main- tain such a conduct as may justify me in pro- tecting their lands, habitations and families. The intention of this address is to hold forth security, not depredation to the country. To those whom spirit and principle may induce to partake of the glorious task of redeeming tlieir countrymen from dungeons, and re-es- tablishiiig the blessings of legal government, I olfer encouragement and employment ; and upon the first intelligence of their associa- tions, I will find means to assist their underr takings. The domestic, the industrious, the infirm, and even the timid inhabitants, I am desirous to protect, provided they remain quietly at their houses ; that they do not suf^ fer their cattle to be removed, nor their corn or forage to be secreted or destroyed ; that they do not break up their bridges or roads : nor by any other act, directly or indirectly, endeavour to obstruct the operations of the King's troops, or supply or assist those of the enemy. Every species of provisions brought to my camp, will be paid for, at an equitable rate, and in solid coin. "In consciousness of Christianity, my royal master's clemency, and the honor of soldier- ship, I have dwelt upon this invitation, and wished for more persuasive terms to give it impression : And let not people be led to disregard it, by considering their distance 191 MEMOm OF from the immediate situation of my camp. — I have but to give stretch to the Indian forces under my direction, and they amount to thousands, to .overtake the hardened ene- mies of Great Britain and America : I con- sider them the same wherever they may lurk. '^If, notwithstanding these endeavours, and sincere inchnations to effect them, the phrenzy of hostihty should remain, I trust I shall stand acquitted in the eyes of God and men, in denouncing and executing the ven- geance of the state against the wilful out- casts. — The messengers of justice and of wrath await them in the field ; and devasta- tion, famine, and every concomitant horror that a reluctant but indispensable prosecu- tion of military duty must occasion, will bar the way to their return. J. BURGOYNE. ^^By his Excellency the Lieutenant General^ RoBT. Kingston., Scc\j.. ^Camp near Ticonderoga^ 4.th Jtdy^ 1777." "Gen. Burgoyne was still the toast, and the severities towards the prisoners, were, in a great measure increased or diminished, in proportion to the expectation of conquest. His very ostentatious Proclamation was in the hand and mouth of most of the soldiery, especially the tories, and from it, their faith was raised to assurance. — I wish my country- men in general could but have an idea of the assuming tyranny, and haughty, malevolent, COL. ETHAN ALLEN. 192 and insolent behavior of the enemy, at that time; and from thence discern the intolera- ble calamities which this country have extri- cated themselves from, by their public spirit- edness and bravery. — The downfall of Gen. Burgoyne,"^ and surrender of his whole ar- my, dashed the aspiring hopes and expecta- tions of the enemy, and brought low the im- pious spirit of an opulent, puissant and haughty nation, and made the tories bite the ground with anguish, exalting the valor of the free born sons of America, and raised * Gen. Burgoyne, after collecting his forces and stores, crossed the Hudson, with a view to pene- trate to Albany. But the American army being reinforced daily, held hina in check at Saratoga. — Gen. Gates now took the command, and was aided by Generals Lincoln and Arnold. On the 19th of September, the Americans attacked the British ar- my, and with such bravery, that the enemy could boast of no advantage, and night put an end to the action. The loss of the enemy was about five hundred. Gen. Burgoyne was confined in a nar- row pass— having the Hudson on one side, and im- passable woods on the other — a body of Americans was in his rear — his boats he had ordered to be burnt, and he could not retreat — while an army of thirteen thousand men opposed him in front. On the 7th of October, the armies came to a second ac- tion, in which the British lost Gen. Frazer, with a great number of oflficers and men, and were driven within their lines. On the part of the Americans, the loss was not great, but Generals Lincoln and Arnold were wounded. Webster^s Elements, 17 193 MEMOIR OF til Qir fame and that of their brave command- ers to the clouds,; and immortalized General Gates, with laurels of eternal duration. — No sooner had the knowledge of this interesting and mighty event reached his most Christian Majesty,* who, in Europe, shines with a su- perior lustre in goodness, policy and arms, but the illustrious potentate, auspiciously in- fluenced by Heaven to promote the recipro- cal interest and happiness of the ancient kingdom, of France, and the new and rising States of America, passed the great and de- cisive decree, that the United States of America, shpuld be free and independent. — Vaunt no more, Old England ! consider you are but an island ! and that your power has been continued longer than the exercise of your humanity. Qrder your broken and van- quished battallions to retire from America, the scene of your cruelties. Go home and repent in dust and sackloth for your aggra- vated crimes. The cries of bereaved pa- rents, widows and o^-phans, reach the Heav- ens, and you ar^ abominated by every friend to America. Take your friends, the tories, with you,, and be gone, and drink deep of tho * It appears, by this, that the Colonel, although a , staunch whig, could, if occasion required, speak in ^ commendation of crowned heads. It is to be consid- ered, however, that the l^rench King, by his kind ^ measures^in regard to our Revolutionary cause, had "well merited jthis tribute to his worth. COL. ETHAN ALLEN. 194 cup of humiliation. Make peace v, ith the Princes of the house of Bourbon ; for you are in no condition to wasie war with them. Your veteran soldiers are fallen ui America, and your glory is departed. Be quiet and pay your debts, especially for the hire of the Hessians. There is no other way for you to get into credit again, hut by reformation and plain honesty, which you have despised ; for your power is by no means sufficient to sup- port your vanity. I have had opportunity to see a great deal of it, and felt its severe er- fects,and learned lessons of wisdom and pol- icy, when I were your heavy irons, and bore your bitter revihngs and reproaches. I have something of a smattering of philosophy, and understand hum-ati nature in all its stages tolerably well ; am thoroughly acquainted with your national crimes, and assure you, that they not only cry aloud for Heaven's vengeance, but excite mankind to rise up against you. Virtue, wisdom and pohcy are, in a national sense, always connected witli power, or in other words, power is their oil- spring, and such power as is directed by vir- tue, wisdom and policy, never fails finally to destroy itself, as yours has done. It is so in the nature of things, and unfit that it should be otherwise ; for if it was not so, vanity, in- justice and oppression, might reign trium- phant forever. I know you have individuals, who still retain their virtue, and, consequent- 195 MEMOIR OF ly, their honor and humanity. Those I really pity, as they must more or less suffer in the calamity, in which the nation is plunged headlong; but as a nation, I hate and despise you. "My aflections are Frenchified. — I glory in Louis the sixteenth, the generous and powerful ally of these States; am fond of a connection with so enterprising, learned, po- lite, courteous and commercial a nation, and am sure that I express the sentiments and feelings of all the friends to the present revo* lution. I begin to learn the French tongue, and reconmiend it to my countrymen, before Hebrew, Greek or Latin, (provided but one of them is to be attended to) for the trade and commerce of these States, in future, must inevitably shift its channel from Eng- land to France, Spain and Portugal; and, therefore, the statesman, politician and mer- chant, need be acquainted with their several languages, particularly the French, which is much in vogue, in most parts of Europe. — Nothing could have served so effectually to illuminate, pohsh and enrich these States, as the present revolution, as well as preserve their liberty. Mankind are naturally too na- tional, even to a degree of bigotry ; and com- mercial intercourse, with foreign nations, has a great and necessary tendency .to improve mankind, and erase the superstition of the mind by acquainting them that human na- COL. ETHAN ALLEN 195 ture, policy and interest, are the same, in all nations, and at the same time they are bar- tering commodities for the conveniences and happiness of each nation, they may recipro- cally exchange such part of their customs and manners as may be beneficial, and learn to extend charity and good will to the whole world of mankind. — I was confined in the provost gaol at New York, the 26th day of August, and continued there to the 3d day of May, 1778, when I was taken out under guard,, and conducted to a sloop in the har- bour at New York, in which I was guarded to Staten Island, to Gen. Campbell's quar- ters, where I was admitted to eat and drink with the General, and several other of the British field officers, and treated for two days in a polite manner. As I was drinking wine with them one evening, I made an observa- tion on my transition from the provost-crim- inals to the company of gentlemen; adding, that I was the same man still, and should give the British credit by him, (spealdng to the General) for two days good usage. "The next day Col. Archibald Campbell, who was exchanged for me^ came to this place, conducted by Mr. Boudinot, the then American commissary of prisoners, and sa- luted me in a handsome manner, saying that he never was more glad to see any gentle- man in his life; and I gave him to understand that I was equally glad to see him, and was 17* 197 MEMOIR OP apprehensive that it was from the same mo- tive. The gentleman present laughed at the fancy, and conjectured that sweet liberty was the foundation of our gladness ; so we took a glass of wine together, and then I was accompanied by Gen. Campbell, Col. Campbell, Mr. Boudinot, and a number of British officers, to the boat, which was rea- dy to sail to Elizabethtown Point. Mean while I entertained them with a rehearsal of the cruelties exercised towards our prison- ers ; and assured them that I should use my influence, that their prisoners should be treat- ed in future in the same manner, as they should, in future, treat ours ; that I thought it was right, in such extreme cases, that their example should be applied to their own prisoners ; then exchanged the decent cere- monies of compliment, and parted. I sailed to the point aforesaid, and, in a transport of joy, landed on liberty ground, and, as I ad- vanced into the country, received the accla- mations of a grateful people. ''I soon fell into company with Col. Shel- den, of the light horse, who in a polite and obliging manner accompanied me to head- quarters, Valley Forge, where I was courte- ously received by Gen. Washington, with pe- culiar marks of approbation and esteem, and was introduced to most of the Generals, and many of the principal officers of the army, who treated me with respect, and after hav- COL. ETHAN ALLEN. 198 ing offered Gen. Washington my farther ser- vices, in behalf of my country, as soon as my heahh, which was very much impaired, would admit, and obtain his licence to return home, I took my leave of his Excellency, and set out from Valley Forge, with Gen. Gates and his suit for Fish Kill, where we arrived the latter end of May. In this tour, the Gener- al was pleased to treat me with the familiari- ty of a companion, and generosity of a lord, and to him 1 made known some striking cir- cumstances which occurred in the course of my captivity. — I then bid fare v^- ell to my no- ble General, and the gentleman of his reti- nue, and set out for Bennington, the capital of the Green Mountain Boys, where I arriv- ed the evening of the last day of May, to their great surprise ; for I' was, to them, as one rose from the dead, and now both their joy and mine was complete. Three cannon w^ere fired that evening, and next morning, Col. Herrick gave orders, and fourteen more were discharged, welcoming me to Benning- ton, my usual place of abode ; thirteen for the United States, and one for young Ver- mont." Having completed the history of the events connected with the captivity of Col. Allen, we now resume our account of the Contro- versy between the settlers on the New Hamp- 199 MEMOIR OP shire Grants and the authorities of New York. The inhabitants of the Grants, were, at the period of which we now speak, (1775) without any settled form of government or bond of union. Common interest had, thus far, kept them together, and given energy and unanimity to their proceedings. The partial relief experienced, however, at the com- mencement of the war, from the oppression of New York, served to convince them of the weakness of their political ties, and of the necessity of a better internal organiza- tion. Accordingly at the close of the year 1775, a number of influential individuals re- paired to Philadelphia, where the American Congress was then in session, with the intent to procure the advice of that body, relative to the best pohcy to be pursued, under the existing circumstances of the case. No for- mal measures were adopted by Congress, in relation to the subject ; but, upon the return of the gentlemen, a large number of circu- lars, setting forth the opinions of several in- fluential members of Congress, in favor of a temporary association, under proper regula- tions, were distributed among the people. In pursuance of these recommendations, a Convention of Delegates from the several towns, was assembled at Dorset, on the 1 6th of January, 1776 : — A petition was forward- ed to Congress, in which a brief sketch of COL. ETHAN ALLE.V. 200 the Controversy with New York was given, and their wilhngness avowed to bear their full proportion of the burden arising from the war. They, also, avowed their unwil- lingness to be considered, in any manner, sub- ject to the authority or jurisdiction of New York. The Committee of Congress, to whom the petition was referred, reported that it be recommended to the petitioners to submit, for the present, to the Government of New York, and assist their countrymen in the contest with Great Britain ; declaring that such submission ought not to prejudice their right to any land in controversy, or be construed to admit the jurisdiction of New York over the country, when the troubles should be ended. This petition, being con- sidered unfavorable to the Grants, by the Agent who presented it to Congress, vv^as with- drawn before it received the final action of that body. On the 4th of July, following the presenta- tion of the petition. Congress published to the world, our memorable Declaration of In- dependence. This placed the people of Ver- mont in a situation more difficult and em- barrassing than they were before ; and much speculation was afloat in regard to the course to be pursued. It was urged by some, that the settlers should immediately place themselves under the jurisdiction of New Hampshire — by others, that they should sub- 201 MEMOIR OP mit to the authority of New-York. The more resolute and influential, were, however, lor assuming the powers of government, and hazarding the consequences. That the dif- ficulty might be amicably settled, the people assembled in Convention at Dorset, on the 24th of July, 1776. An association was agreed upon for the defence of the country's liberties ; and a resolution v/as adopted, that they would not associate with,^or submit to, the provincial government of New York. — The Convention met again, by adjournment, on the 25th of September, and resolved unan- imously, "to take suitable measures, as soon as may be, to declare the New Hampshire Grants a free and separate District :" And, on the 1 5th of January following, at the third session of the Convention, it was declared, that "this Convention, whose members are duly chosen by the free voice of their constit- uents, in the several towns on the New Hamp- shire Grants, in' our own names^ and in be- half of our constituents, do hereby proclaim and publicly declare, that the district of ter- ritory comprehending, and usually known by the name and description of the New Hamp- shire Grants, of right ought to be, and is hereby declared ever after to be, a free and independent jurisdiction, or State : to be hereafter called, known and distinguished by the name of New Connecticut, or Ver- mont." This declaration was unanimously COL. ETHAN ALLEN. 202 adopted by the Convention ; and a petition forwarded to Congress^ in which they an- nounced that they liad declared the territory, known as the New Hampshire Grants, a free and independent State ; and closed by pray- ing that they might be acknowledged by Congress, and that delegates, from Vermont, might be admitted to seats in that body. These measures ,were variously regarded by the neighboring States. New Hampshire, Massachusetts, and Connecticut, werje wil- ling that Vermont should become a member of the confederacy ; but New York regard- ed the request as treason and rebellion to her authority. In this state of things, commu- nications, emanating from two different Con- ventions of the people of New York, were addressed to Congress, ip which the proceed- ings of Vermont were represented as result- ing from the acts and instigations of design- ing men ; and not from a desire of the in- habitants to renounce their allegiance. to the authority of New York. After the adoption ofvarious measures, by both Vermont and New York, Congress, at last, took up the matter^, and the communi- cations of both parties were referred to a committee of the whole ; which committee, among other things, resolved, "That Con- gress would not rccomfnend or countenance any thing injurious to the rights and juris- diction of the several communities herein 203 MEMOIR OF represented." "That the inhabitants of the New Hampshire Grants cannot be justified in their declaration of Independence, by the example of the United Colonies, nor by any act or resolution of Congress." ''That the petition of Vermont, to be recognized as an Independent State, and to have her delegates admitted to seats in Congress, be dismissed." While these important matters were trans- acting in Congress, the people of Vermont were engaged in forming a Constitution for the regulation of their civil government. A Convention, composed of the same delegates which declared the Independence of Ver- mont, met at Windsor, on the first W^ednes- dav in June, and appointed a committee to make a draft of a State Constitution. A res- olution was, also, adopted, recommending to each town to elect delegates to meet in Convention, at Windsor, on the second day of June, following, for th^ purpose of dis- cussing and adopting said Constitution. The Convention met ; and a Constitution, after a long and serious discussion, was read and adopted. It was, however, revised at a sub- sequent Convention, which met at Windsor; and the first election took place under it, on the first Tuesday of March, 1778. The determination of Vermont to main- tain her independence, at all hazards, evi- dently contributed to eflect an alteration in the policy of New York : On the 23d of COL. ETHAN ALLEN. 201 February, 1778, Gov. Clinton issued a Proc- lamation, in which he confirmed the titles of the settlers to their lands, in certain cases, find made several concessions, in their favor ; but the right of New York, to extend her jurisdiction over the Grants, was not relin- quished : The people were commanded, "at (heir peril to yield obedience and allegiance*' to New York, and, in all respects, to govern themselves as peaceable and quiet citizens. To this Proclamation, Ethan Allen, ever on the alert to detect political cunning, and willing to expose it, published the following answer : *'This Proclamation," says Col. All^^n, "af- ter mentioning a disaffection of many per- sons, inhabiting the north east parts of the county of Albany^ and certain parts of the counties of Charlotte^ Cumberland and Gloti- tester^ proceeds to affirm that these tracts of country were clearly included within the an- cient, original, true, and lately established bounds of the state of New York, That many, nay, almost the whole of the inhabitants in those counties, alias^ the state of Vermont^ are disaffected to the govern- ment oiKciv York, will not be disputed. This is a fact. But it is not a fact, that the an- cient, original, and true bounds oi Neto Yorh^ included those lands. The first intimatioa that ever saluted the ears of the public, as- serting this doctrine, wap. from a Proclanaa- 18' 205 MEMOIR OP tion of Gov. Tryon, dated the 11th day of December^ 177 1, which begins thus : "Where- as, it is the ancient and inqontestible right of this colony, to extend toConmcticutxiver^ as its eastern boundary." This assertion hath been answered, at large, in my treatise on the conduct of this government, tov^ards the Mm Hampshire settlers ; to which I refer the reader, and at present observe, that as the quoted assertions in these Proclama- tions, are wholly without foundation, they need only to be as positively denied as they are. asserted. The fact is, that the tract of land, vwhich now comprehends the state of Fcmwn^, was, universally, known to be in the government of .JVew Hampshire, Thus it was placed by all Geographers, in their maps, 'till the year .1764, w:hen the nowjEwg- iz-s/i King, for. certain political reasons, which I shall mention, extended the jurisdiction of .JS%w yo?'A: over the premises, by his special royal authority. At the time of the altera- tion of this jurisdiction, jealousies had fired the, minds of King and Parliament against the growth and rising power of ./^mmca, and at this time, they began to advance men and governments into power, with a politicalde- sign to crush the liberties o^ America, Mew York had ever been their favorite govern- ment. They could almost vie with Great Britain in the art of vasFalaging common people, and in erasing every idea of liberty; COL. ETHAN ALLEX. 206 from the human mind, by making and keep- ing them poor and servile. This, Great Brit- ain well knew, and therefore fleeced a large territory from JVew Hampshire, and added it to JS^eiv York, to depress the power of the one, and enlarge and extend the other. A well concerted plan : but the green mountain boys disconcerted it, by throwing their weight into the scale of Congress, which, thank God, has fairly preponderated. Thus may be seen the design, as well as date, of the original, ancient and true bounds of the state of M'eio York, being extended over the state of Vermont ; and for the same reason, it was thus extended by Great Britain^ it will un- doubtedly be curtailed by Congress. As to the acts of outlawry, mentioned in the Proclamation, they died a natural death, the first day of January, 1776, as may be seen from the act itself, here quoted : "And be it further enacted by the authority aforesaid, that this act shall remain and continue in full force and effect, from the passing thereof, until the first day of January, which will be in the year of our Lord, one thousand seven hundred and seventy six." The subjects of the state of Vermont, v/ere under no apprehensions from these old life- less acts. Nor do I conceive, that the pres- ent legislature of the state of JVew York have laid them under any obhgation, in granting them a pardon. It was a matter which for- 207 MEMOIR OF merly respected Gov. Tryon^ the old legisla- ture of JWiv York^ and the green mountain boys ; and the party last mentioned, choose to settle that old quarrel with Mr. Tryon ; and resent it, that the legislature of the state of JYeiv York have so late in the day, under- took to give an "unconditional discharge and remission of all penalties and forfeitures incurred,*' under any act which had been long dead ; and which, when alive, served only to discover to the world, the wickedness and depravity of that legislative body which enacted them. In the lifetime of this act, I was called by the Yorkers^ an outlaw, and af- terwards, by the British^ Wcis called a rebel ; and I humbly conceive, that there was as much propriety in the one name as the other; and I verily believe, that the King's commis- sioners would now be as willing to pardon me for the sin of rebellion, provided I would, af- ternards, be subject to Britain^ as the legis- lature above mentioned, provided I would be subject to JVcio York ; and, I must confess, I had as lief be a subject to the one as the oth- er; and, it is well knoun, I have had great c-xpcrience in them both. Next, I propose to consider that part of the Proclamation, called overtures, which are contained in the three first articles. Ar- ticle 1st. "That all persons, actually pos- sessing and improving lands, by title under grants from JS'cic Hampshire or Massachusetts COL. ETHAN ALLEN'. 208 Bay^ and not granted under JS'cw Yorh^ shall be coniirmod in their respective pos- sessions." This article cannot be considered of any material consequence, inasmuch as, among almost the whole possessions referred to in the article, there are but very few, if any, but what are covered wiiXiJS'ew York grants. The second article is as follows : "That all persons possessing and improving lands, not granted by either of the three govern- ments, shall be confirmed in their respective possessions, together with such additional quantity of vacant land, lying contiguous to each respective possession, as may be ne- cessary to form the same into a convenient farm, so as the quantity of land to be confirm- ed to each respective possession, shall not exceed three hundred acres."" Neither of these two first articles, called overtures, affect the controversy, except in some very ^^m instances ; inasmuch as all, or in a manner, all the possessions spoken of, were first granted by New Hampshire^ except some few which were granted by Massachu- setts Bay ; and then, lastly, almost the whole of those possessions were re-granted by Neio York. This being the case, what has been hitherto proposed, does not reach the es- sence of the controversy, as the J\*eio York- ers very well know ; besides, it is not in the power of the government to confirm any of 18 • 209 MEMOIR OF those possessions, which have been already granted, and therefore become the property of the grantees, as will be more fully discuss- ed in its proper place. I proceed to the third article of the much boasted overtures. "That where lands have been heretofore granted by JYew Hampshire and Massachusetts Bay, or either of them, and actually possess- ed in consequence thereof, and being so pos- sessed, were afterwards granted by JVew York ; such possession shall be confirmed, — the posterior grant under Mew York^ notwith- standing." Though it is absolutely out of the power of the said legislative authority, to confirm the possessions mentioned ; yet, to discover their want of generosity in their proposal, I shall, in the first place, consider what a tri- fling proportion of those possessions could be confirmed upon their own stating, inas- much as the confirming clause in the article, only confirms the possessor, who being so possessed at the time that the JYew York grant was laid ; and has no respect to any additional possession carried on after the grant took place. The identical words are, "And being so possessed, were afterwards granted by JYew York ;" viz. After such possession was actually made, and the pos- sessor being so in possession, at the time the grant topk place, such possession shall COL. ETHAN ALLEN, 210 be confirmed ; but any later possession can- not be included in the condition of ''being so possessed ;" for, a later possession was no possession at all, at the time the condition of possession took place; and, consequently, every possession which has been begun in the state of Vermottf^ since the lands were granted by J\''eiv York^ must be lost to the possessor, and fall into the hands of the J\'ew York grantees, with all other uncultivated lands in the state ; and all our purchases of those lands from JVew Hampshire and Massa- chusetts Bay^ fall to the ground, together with our possessions, Avhich have been increased an hundred fold. These overtures have hitherto been con- sidered only in a grammatical and logical sense, allowing them their own construction. I now proceed to consider them in a law sense. A legislative authority, within its own jurisdiction, may confirm a possession on vacant land, by making a grant of the same to the possessor. But, for the legisla- tive authority of the state of JVew York^ to pretend, as they do in their Proclamation, to vacate any grants made by their own author- ity, in favor of any possession, and to con- firm such possessions, by nullifying and de- feating their own grants, is the height of folly and stupidity : for, the lands being once granted, the property passeth to the grantee; 211 MEMOIR OF who is become the sole proprietor of the same ; and he is as independent of that le- gislative authority, which granted it, as any person may be supposed to be, who purchas- eth a farm of land of me by deed of convey- ance : and it is as much out of the power of that legislature to vacate a grant made by them, or the same authority, in favor of any possessor, as it is out of my power to vacate my deed of conveyance in favor of some se- cond person. It is contrary to common sense to suppose, that the property of the subject is at the arbitrary disposalof the legislature : if it was, they might give a grant to day, and vacate it to morrow, and so on, ad infinitum. This would destroy the very nature and ex- istence of personal property, as the whole would depend on the sovereign will and last act of the legislature. But the truth of the matter is, the first conveyance will, and ought to hold good ; and this defeats all subse- quent conveyances. From what has been said on this subject, it appears, that the overtures in the Procla- mation set forth, are either romantic, or cal- culated to deceive woods people, who, in general, may not be supposed to understand law, or the power of a legislative authority. I have further to evince my arguments on this subject, by the concurring opinion of the Lords of the Board of Trade, on complaint COL. ETHAN ALLErC. 212 made to them from those very persons, pos- sessing the land we are speaking of. That clause of their report which is similar to what I have argued, is in these words : — *'Such subsequent grants made by the gov- ernment of New York, however unwarranta- ble, cannot be set aside by any authority from his Majesty, in case the grantees shall insist on their title." Thus it appears, in a trial (of the same case we are treating of) before the board of trade, that the King, under whose authority the government of JYew York had, in an op- pressive manner, granted those very lands, could not, by his royal authority, vacate or set aside the grants : yet, the present legis- lative authority of the state of JVew Yorlc^ proclaim to the world, and pledge the faith of government, that they will do it. But enough has been said on the impossibility of it, a? well as on the ungenerousness of the propo- sal : and as to the quii-rents, the general as- sembly of the state of Vennont^ will deter- mine their expediency, and probably release them all. What has been observed, answers every part of the Proclamation worth notice, as the five last articles had an entire reference to the three first ; though it may be worth observing, that the time of compliance with those overtures are run out ; and it is my 213 MEMOIR OF opinion, that but few of the subjects of the state of Vermont have closed with them.-^ The main inducement I had in answering them, was, to draw a full and convincing proof from the same, that the shortest, best, and most eligible, 1 had almost said, the on- ly possible, way of vacating those JVew York interfering grants, is, to maintain inviolable the supremacy of the legislative authority of the independent state of Vermofit. This, at one stroke, overturns every JYew York scheme, which may be calculated for our ruin ; makes us free men, confirms our prop- erty, "and puts it fairly in our power to help ourselves" to the enjoyment of the great blessings of a free, uncorrupted and virtuous civil government. Bennington^ August 9, 1778."^ The declaration of their independence. By the people of Vermont, gave occasion to numerous new difficulties. No sooner had she organized a government, thaai the inhab- itants of sixteen towns, bordering on Con- necticut river, in New Hampshire, manifest- ed a disposition to dissolve their connexion with that State, and unite with Vermont. In justification ofthe separation, it was contend- ed "that all the lands, West of the Mason line, being royal grants, had been held in subjection to the government of New Hamp- shire, by force of the royal commissions, COL. ETHAN ALI4EN, 214 which were vacated hy the assumed inde- pendence of the American iColonies, and, therefore, the inhabitants of those grants had reverted to a state of nature," aad were at hberty to form whatever pohtical connexion they thought proper. In pursuance of this determination, they presented a petition to the Legislature of Vermoiit, on the 1 2th of March, 1778, praying for admission into its union. This apphcation greatly eniharrass- ,ed the Legislature : but,;at its June session, it was voted that the union take place : thir- ty-seven being in the aftirmative, and twelve in the negiative. The government of New HampBhire was justly incensed at these proceedings. xMr. Ware, President of the Council of that State, addresseda letter to Congress, on the 19th of August, to procure advice in relation to the subject : and on the 22d of August, in the name of the General Assembly, he wrote to Governor Chittenden, of Vermont, claim- ing the sixteen towns, as a part of New Hampshire. On the reception of this com- munication. Governor Chittenden convened the Council, and it was agreed that Colo- nel Ethan Allen should proceed to Phila- delphia, and learn in what light the pro- ceedings of Vermont were regarded by Congress. Qn his return, he made the. fol- lowing report : 215 MEMOIR OF **To his Excellency the Governor, the Hon- ^curable the Council, and to the Represent- ,atives of the freemen of the State of Ver- mont, in General Assembly met* Gentlemen, The subscriber hereto, begs leave to mako tte following report, viz. By the desire , of his Excelleiicy, and at the reqi^est of several of the members ofthe hon- ourable the Council, to me, made in Septem- ber last, I have taken a journey to Philadel- phia, in order to gain knowledge how the political situation of the State of Vermont stood, in the view of ;Congj^ess ; which I here. exhibit. On th« i6th day of September last, I .^m inforpied by members of Congress, that .the delegates from the State of New Hampshire exhibited to Congress, a remonstrance, (which they Imd, previously, received from the council and assembly of said state) agaipst the proceedings of the state of Ver- mont, with respect to their taking into union a number of towns, on tlie east side of Con- necticut river, and in their inviting other to w^s to revolt from New Hampshire ; a .co- py of which I, herewith, exhibit : a matter vhich, they alledge, was incompatible with • At thifi session of (he Legislature, representa- ^ix'es from ten of the sixteen towns on the east ««ide of Connecticut river, took their seata in the Geae- »ai Assembly. COL. ETHAN ALLEN. 217 the right of New Hampshire, and an infringe- ment on the confederacy of the United States of America ; and, therefore, desired the con- gress to take the matter under consideration, and grant some order thereon, to prevent the effusion of blood, and the confusion and dis- orders which would, otherwise, inevitably en- 'sue. The delegates from New York, at the same time, exhibited to congress sundry papers, containing allegations against the State of Vermont, which, after some altercations, were admitted; and it was agreed that the same, together with the remonstrance from the state of New Hampshire, should be tak- en under consideration, on the afternoon of the 18th, by a committee of the whole house : at which time it was moved to be brought forward, but urgent business occasioned its being deferred to the 19th ; at which time I arrived at Philadelphia, and being, immedi- ately, informed of the business by some of the members of congress, I used my influence against its being hastily determined ex parte ; and particularly objected to the complaints from'the States of New Hampshire and New York, their being both considered at the same time, alledging that they were of a ve- ry different nature. And, in consequence of this, together with my earnest request and application, I obtained assurance that the matter should not be brought to a decision, 19 218 MEMOIR OF before I could have an opportunity to lay tho matter before this people ; as I had, previ- ously^ let the members of congress know, that the assembly of tbis state was to sit at this time ; and I engaged to transmit the proceedings of this assembly to .congress, as soon as they transpired, at their reqiiest. The allegations, throwJi by New York, re- ceived a most severe shock on the perusal of my late pa^^phlet in answer to his Excel- lency Governor Clinton's prac.lamation, da- ted in February last, containing certain over- tures to the inhabitaiits,of this sl^te ; as well us from my large treatise .on the nature and merit .of the New York claii^i, and their treat- ment to ,the inhabitants of this no.w State of Vermoj^t. In hne, the New York complaints will never pjove .of ^uflicient force in con- gress, to prev^^^Bt the estahlislmie^nt of thig fetate. But, fro^ii what I have heard And seen of the disfipprobation, at cqngrefis, of the union with sundry to^vns, east of Connecticut river, I am sufficiently authorised to .offer it as my opinion, that, except this state recedjQ from such .union, immediately, the whole pow- er of stlie confederacy of the United States of America v/ill join to annihilate the State of Yermofo^t, and to viiidicate the righC of New Hampshire, ?aiid to maintain, inviolate, tha articles of confederation, which guaranteQ to each State, their privileges and immuui- ties. COL. ETHAN AJLLEX, 219 Tlius, gentlemen, I have given you a short representation of the poUtical situation of this State, as it now stands in the general congress of the United States of America, upon which I stake my honour. Given under my hand., at Windsor j this i 0/A dm, of October, X D, 1778. ETHAN ALLEN.^' The discussion of the question, relative to the union with the sixteen towns in New Hampshire, occupied the consideration of the Vermont Legislature, for several succes- sive sessions ; and on i\\Q 12th of February, 1779, it was voted that the tinion be dissolv- ed. This determination was immediately communicated to the government of New Hampshire, by Ira Allen, and the Legislature of that State, encouraged hj the concession of Vermont, and by the divisions existing in many of her frontier towns, now resolved to lay claim, not only to the sixteen towns, which had united with Vermont, but to the whole territory, as grants, originally made to that Province. Congress was applied to for a confirmation of this claim ; and, at the same period, New York made a similar application to the same body. In this position of affairs, the State of Massachusetts interposed, and laid a claim to a portion of the territory, as within her jurisdiction : and thus was Ver- mont subjected, in order to maintain her in- dependence, to struggle against the claims 220 MEMOIR OF of these adjoining States, without the coun- tenance of the Continental Congress to her proceedings. Vermont was still involved in the controversy with New York, during the troubles resulting from the union with a part of New Hampshire. The same spirit still prevailed with both par- ties, to sustain their own measures at all haz- ards. On the 7th ofJuly, 1778, the Governor of New York wrote to his adherents in Vermont, recommending that wherever the friends of New York were sufficiently powerful, "firm resistance should be made to the draught- ing of men, the raising of taxes, and to all the acts of the 'ideal State of Vermont ;' and that "associations be formed for mutual de- fence against this usurpation." In conformity to the expressed wishes of Governor Clinton, a Convention of the friends of New York, met at Brattleborough, on the 4th of May, 1779. After organizing, a petition, to the Governor of New York, was drawn up, in which they stated that the "ide- al State of Vermont" was proceeding to con- fiscate their property ; and they, therefore, "entreated his Excellency to take immediate measures for protecting the legal subjects of that part of the State, and for convincing Congress of the impropriety of delaying a decision in a matter which so nearly con- cerned the peace, welfare and Hves of so ma- ny of their firm adherents." A military as- €0L. ETHAN ALLIEN 221 sociation was, also, formetl about the same time, for the purpose of resisting the author- ity of Vermont. In consequence of these proceedings, on the part of New York, tlie Governor of Yer- rnont gave orders to Ethan Allen, to call out the naihtia. ¥/hen informed of this move- ment, CoL Patterson^ who held a commission in the county of Cumberland, under the New York authority, addressed a letter to Gover- nor Clinton, lor dircctious relative to the emergency of the case, and suggesting the propriety and necessity of receiving assist- iincQ from the military force of the county of Albany. In answer to this communication, the Governor gave assurances of protection ; and recommended that "the authority of Ver- mont should not be acknowledged, except in the alternative of submission or inevitable ruin.'' Governor Clinton, on the 1 8th of May, fol- lowing, wrote to the President of Congress, in regard to the difficulties existing between the two States — declaring, "that matters were fast approaching a very serious crisis, which nothing but the immediate interposition of Congress, could possibly prevent :" that he "daily expected he should be obliged to order out a force for the defence of those who ad- hered to Nev/ York :" that the wisdom of Congress would suggest to them what would be the consequence of submitting the con- 19 * 222 MKMOIR OF troversy, especially at this juncture, to the decision of the sword ; but, that justice, the faith of government, the peace and safety of society, would not permit them to continue any longer, passive spectators of the vio- lence committed on their fellow citizens.'^ — This letter, together with several other doc- uments, relating to the controversy, were laid before Congress, on the 29th of May, 1779, and referred to a committee of the whole. On the first day of June, Congress resolved that "a committee be appointed to repair to the inhabitants of a certain district, known by the name of the New Hampshire Grants, and enquire into the reasons why they refuse to continue citizens of the respective States, which have claimed jurisdiction over the said district : and that they take every prudent measureto promote an amicable set- tlement; and to prevent divisions and ani- mosities, so prejudicial to the United States.'* While the foregoing matters were engag- ing the attention of Congress, Col. Allen, inarched with an armed force, and made prisoners of Col. Patterson, and others, act- ing under the New York authority. Com- plaint was immediately made to Governor Clinton, and a letter was addressed by him to Congress, wherein he stated what had taken place, disapproved ofthe before mentioned re- solutions of Congress, and requested that the committee appointed to repair to the New COL. ETHAN ALLEN. 223 Hampshire Grants, might postpone their visit until after the ensuing session of the New York Legislature. On the 16th of June, it was resolved, by Congress, that the officers captured by Col. Allen, should be set at lib- erty ; and that the committee referred to, be directed to inquire into the circumstances connected with the transaction. Two, only, of the committee, attended to the duty as- signed them : and, owing to the excited state of public feeling, they failed to accomphsh the object of their mission. Several communications were forwarded to Congress, by the people of Vermont, in relation to their rights, which severally en- gaged the attention of that body ; and the final consideration of them was "postponed until the 2d Tuesday in September, 1780. Ira Allen and Stephen R. Bradley, were appoint- ed Agents of Vermont, to attend to the sub- ject, and see that she received her due share of justice. The matter was taken up by Congress, on the 19th of September — the Agents of Vermont being permitted to be present, but not as the Representatives of any State, or as the delegates of a body of people invested with legislative authority. — Efforts were made by both New Hampshire and New York, to prove their respective claims to the disputed territory ; and it soon appeared evident to the Agents, that Ver- mont was not regarded as a pany to the o New Hampshire Grants, East of Connecti- cut River, relative to the projected union ; and "that the votes of each town, should be returned to the Assembly, at their adjourned session, on the first Wednesday of April lol- lov/ing : and, on condition that two-thirds of the towns., in the State of Vermont, at a le- gal town meeting, vote for the union, and, al- so, two-thirds ot the towns on the New- Hampshire Grants, East of Connecticut lliver,^ then the union should take place, and the New Hampshire towns be at liberty to send representatives to the Legislature. At the session of the Legislature, in April fol- lowing, it appeared that thirty-six towns \;erQ in favor of the union, and seven opposed to it. The union was, therefore consummated ; and thirty-five Representatives accordingly took their seats from the towns on the Ea^^t side of Connecticut River. In consequence of the unjustifiable meas- ures of N;ew York, and the repeated solicita- tions from several towns, in that State, bor- dering on Vermont, to be received into union, the Legislature, on the 1 1th of Februa- ry, 1781, laid jurisdictional claim to all iho lands West of her present territory, and East of Hudson's River to the head thereof, and thence East of a North line, extending to the 45th degree of north latitude — provi- ding, that this jurisdiction should not be ex- 228 MEMOIR OF ercised for the time being. On the 1 1th of April, however, the Legislature of Vermont appointed a committee to attend a Conven- tion of delegates from the towns in New- York, desiring an union, and make the re- quisite arrangements for eftecting it. The Convention met at Cambridge, on the 1 5th of May — the articles of union were agreed to, by both parties ; and, on the 16th of June, following, they were confirmed by the Legis- lature of Vermont, and Representfitives from these tovvns were admitted to seats in that body. The people of Vermont having been driv- en, by the refusal of Congress, to recognize their claims to independence, and by the op- position they experienced on every quarter, to the necessity of maintaining their rights unaided, wisely determined to pursue that course of policy which would secure their safety and independence, against the en- croachments of the British on the North, and the stratagems of their enemies in other sec- tions. The British Generals, in America, had, for a long period, entertained the hope of turning the disputes between Vermont and the other States, to their own advantage, by detaching that section of territory from the American cause, and making it a British Province. The first intimation of this plan was communicated by Col. Beverly Robinson to Col. Ethan Allen, in a letter dated the 30th COL. ETHAN ALLEN. 229 of March, 1780. It was delivered to Col. Allen, by a British soldier, in disguise, in the streets of Arlington. Col. Robinson com- menced his letter by hoping that his propo- sals would be received with the same good intention with which he m.ade them : and proceeded to say, that he had often been in- formed that Col. Allen and most of the in- habitants of Vermont, were opposed to the wild and chimerical scheme of the Ameri- cans in attempting to separate from Great Britain, and to estabhshan independent gov- ernment of their own ; and that he would willingly assist in uniting America to Great Britain, and in restoring that happy consti- tution so wantonly and unadvisedly destroy- ed. "If I have been rightly informed," pro- ceeds the writer, "and these should be your sentiments and inchnations, I beg that you will communicate to me, without reserve, whatever proposals you would wish to make to the commander-in-chief; and, I hereby promise, that I will faithfully lay them before him according to your directions ; and I flat- ter myself I can do it to as good effect, as any person whatever. I can make no propo- sals to you until I know your sentiments ; but think, upon your taking an active part, and embodying the inhabitants of Vermont, in favor of the crown of England, to act as the commander-in-chief shall direct, that you may obtain a separate government under 20 230 MExMOIR OF the King and Constitution of England, and the men, formed into regiments under such officers as you shall recommend, be on the same footing as all the provincial corps are. If you should think proper to send a friend of your own here, with proposals to the General, he shall be protected, and well treated, and allowed to return whenever he pleases." The contents of this letter were immediately communicated, by Col. Allen, to the Govern- or and other confidential persons, who unan- imously agreed that it would be impolitic to return an answer. On the 2d of February., 1781, Col. Robin- son addressed a second letter to Col. Allen, inclosing a copy of the former one, in which he says — ^'The frequent accounts we have had, for three months past, from your part of the country, confirms me in the opinion I had, of your inclination to join the King's cause, and assist in restoring America to her former peaceable and happy constitution. This in- duces me to make another trial in sending this to you : especially, as I can write with niore aulhority, and assure you that you may obtain the terms menticned in the above let- ter, provided you and the people of VcTmont take a decisive and active part with us.'- — To this communication, Col. Robinson re- quested .an answer ; and, also, that some method might be pointed cut for carrying on a future correspondence. COL. ETHAN ALLEN, 231 No answer was returned to either of these^ letters by Col. Allen; but on the 9th of March, 1781, he inclosed them in a commu- nication to Congress. In this letter, convin- ced of the integrity of his conduct, and the justice of the measures contended for by the people of Vermont, he observed-— ''I am con- fident that Congress will not dispute my sin- cere attachment to the cause of my country, though I do not hesitate to say, I am fully grounded in opinion, that Vermont has an indubitable right to agree on terms of a ces- sation of hostilities with Great Britain, pro- vided the United States persist in rejecting her application for an union with them : for Vermont, of all people, would be the most miserable, were she obliged to defend the in- dependence of the United (claiming) States, and they, at the same time, at full liberty to overturn and ruin the independence of Ver- mont. I am persuaded, when Congress con- sider tli| circumstances of this State, they will be more surprised that I have transmit- ted them the inclosed letters, than that I liave kept them in custody so long ; for I am as resolutely determined to defend the indepen- dence of Vermont, as Congress are that of the United States -, and rather than fail, will retire with the hardy Green Mountain Boys, into the desolate caverns of the mountains, and wage war with human nature at large." This negociation was continued between 232 MEMOIR OF Vermont and Canada, until the year 1782 — having in its effects, not only served to pro- tect the state from the ravages of the British troops, but also to lessen the difficulties at- tendant upon her admission into the Federal Union ; and, to the firmness and patriotism of Col. Allen, in this difficult matter, may be attributed, in a great measure, the many ad- vantages which resulted from it. During the negociation with the British authorities, the primary cause of it was not forgotten or neglected by the people of Ver- mont. Their efforts were still continued to advance her internal interests, and procure an acknowledgement of her claim to an ad- mission into the Union. In consequence of her unceasing efforts, to this effect, a com- mittee of Congress, on the 20th of August, 1781, made a report, in relation to the sub- ject, to that body : whereupon, the following resolution was adopted : '-^ Resolved^ That it be an indispensable pre- liminary to the recognition of the independ- ence of the people inhabiting the territory called Vermont, and their admission into the federal union, that they explicitly relinquish all demands of lands or jurisdiction on the east side of the west bank of the Connecti- cut River, and on the west side of a line, be- ginning at the north-west corner of the State of Massachusetts, thence running twenty miles east of Hudson's River, so far as the eOL. ETHAN ALX.EX. Zao said River runs north easterly in its general course ; then by the west bounds of the town- ships granted by the late government ofNew Hampshire, to the River running from Soutl) Bay to Lake Champlain, thence along the said River to Lake Champlain, to the latitude of 4^f north ; excepting a neck of land be- tween MissisqueBay and the winters of Lake Champlain," Botli the States of Vermont and New York were dissatislied with this resolution— the ;>ne because it stipulated, as the condition of iier admission into the confederacy, the dis- solution of her unions with the adjoining States, and the other because it recognized the justness of a claim against which she liad ono^ and strenuously contended. The sub- .ect was taken up, by a committee of the Legislature of Vermont, on the 17th of Oc- tober, 1781 — when it was resolved as the ''•opinion of this committee, that the Legis- lature cannot comply with the resolution, without destroying the foundation of the pres- ent universal harmony and agreement that subsists in this State, and a violation of sol- emn compact entered into by articles of union and confederation." The political condition of Vermont, was now in every respect, extremely alarming ; and all parties trembled at the fearful ap- proach of civil war, Fortunately, however, for the prosperity of those concerned, Gov. 20 * 234 MEMOIR OF Chittenden received a letter from General Washington, dated January 1, 1782, in which he remarked — "It is not my business, nor do I think it necessary, now to discuss the origin of the right of a number of inhabitants, to that tract of country, formerly distinguished by the name of the New Hampshire Grants, and now by that of Vermont. I will take it for granted, that their right was good, be- cause Congress, by their resolve of the 7th of August, imply it ; and by that of the 20th, are willing fully to confirm it, provided the new State is confined to certain described bounds. It appears, therefore, to me, that the dispute of boundary is the only one that exists ; and, that being removed, all other difliculties would be removed also, and the matter terminate to the satisfaction of all parties. You have nothing to do but to with- draw your jurisdiction to the confines of your own limits, and obtain an acknowledgement of independence and sovereignty, under the resolve of the 20th of August, for so much territory as does not interfere with the an- cient established bounds of New Hampshire, New York and Massachusetts. In my pri- vate opinion, w hile it behoves the delegates to do ample justice to a people, sufficiently respectable by their members, and entitled, by other claims, to be admitted into the con- federation, it becomes them, also, to attend to the interests of their constituents, and see. COL. ETHAN ALLEN. 235 tliat under the appearance of justice to one, they do not materially injure the others. I am apt to think this is the prevailing opinion of Congress." The advice of Washington had a power- ful effect upon the minds of the people of Vermont. He was endeared to them by his many sacrifices in the cause of iimerican In- dependence, and by the examples of his pri- vate virtues : At the next meeting of the Legislature, at Bennington, the communica- tion was laid before them : and, on the 22d of February, it was resolved to comply with the preliminary requirement of the resolution of Congress, and relinquish all claims to the territory therein described, originally attach- ed to other districts. The determination of the Legislature of Vermont, on the 18th of October, heretofore referred to, had been communicated to Con- gress ; and much warmth of feeling was ex- hibited upon the subject, in that body. It was resolved, among other things, 'Hhat, if Vermont did not, within one month from tlie time this resolution was communicated to Go^- Chittenden, comply with the resolution of the 20th of August, and relinquish her jurisdiction beyond the bounds therein nam- ed, such neglect and refusal would be regard- ed as an indication of hostility to the United States." Previous to the adoption of this resolution, the agents of Vermont arrived at 236 MEMOIR OP Philadelphia, when Congress were informed that the requirement, prehminary to the re- cognition of her independence, had been comphed with by Vermont ; and, that tho condilional promise of such recognition, w^as, consequently, bhiding upon Congress. Tlie subject, however, did not receive its due share of attention, and the agents, disap- pointed in their hopes, returned liome. The subject was again taken up by Con- gTess, on the 5th of December ; but instead of fulfilhng their engagements to Vermont^ made by the resolution of the 'iOth of Au- gust, 1781, their proceedings were charac- terized by bitter invective against the pecpl"^ of that State, for having exercised authority over certain individuals professing allegiance to New York, in violation of the resolutions of Congress, passed on the 24th of Septem- ber, 1779, and on the 2d of June, 1780 : and it was resolved, "that Vermont be required to make full restitution to the persons con- demned to banishment, or confiscation of property, and that they be not molested on their return to said District." It was further resolved "that the United States will take ef- fectual measures to enforce a comphanco with the aforesaid resolution, in case the same shall be disobeyed by the people of the said District." These measures completely w^eakencd tlie faith of the people of Vermont in the wis- COL. ETHAN ALLEX. 237 dom and integrity of Congress, and, nearly destroyed their hopes of obtaining redress from that body. However, a spirited remon- strance, to the foregoing proceedings, was forwarded to Congress, by the Governor and Council of Vermont, in which the whole facts in the case were set forth, in a plain and un- varnished manner, and a request made, in conclusion, that Vermont might be admitted into the union. In consequence of this re- monstrance, and other corresponding meas- ures. Congress did not judge it politic to at- tempt to carry into effect her resolutions of the 5th of December. In the southeastern section of the State of Vermont, at its first organization, were ma- ny individuals opposed to its independence, and, of course, friendly to the claims of New York. These persons eagerly embraced ev- ery opportunity to embarrass the State ; and, on several occasions, openly resisted its au- thority. This opposition was principally con- fined to the town of Guilford — at that peri- od, the most populous village in the State. — The two parties in this town, (the friends of Vermont and those of New York,) had each an organization of their own ; and, in some cases, there were two sets of town officers. Between these, and their friends, frequent skirmishes occurred, which not unfrequently ended in bloodshed. The enmity of these parties was carried to an alarming extent 23$ MEMOIR OF during the years 1783 and 1784. Social or- der was entirely at an end ; and even Physi- cians were not allowed to pursue their avo- cations, without procuring a pass from the several committees. In this unpleasant state of affairs, Col. Ethan Allen, (at that period invested with the command of the military forces of Vermont,) was directed to call out the militia, for the purpose of enforcing the laws, and of suppressing the symptoms of civil war exhibited among the people of Windham county. In accordance with these directions, he marched from Bennington with a force of about one hundred Green Moun- tain Boys ; and, upon his arrival at Guilford, he issued the following unique Proclamation : ^^ly Ethan Alleyi^ declare^ that unless the people of Guilford^ peaceably submit to the authority of Vermont^ 1 urill make the town as desolate as were the cities of Sodom and Gomorrah .'" The "Yorkers" were fired upon by Col. Allen and his men, and pursued ; and all either taken prisoners or dispersed. Marshal law was es- tablished by Col. Allen; and, under it, a large proportion of the property, belonging to the tories and dissenters, was sold for the benefit of the State. Very little alteration was effected in the government of Vermont for several years af- ter the close of the war. After the adoption of the Federal Constitution, however, the policy and proceedings of Congress were COL. ETHAN ALLEN. 239 critically observed by the people of that State. Their measures b^ing marked by wisdom and prudence, had the effect of gaining the confidence of the people, and of removing the aversion, which had been expressed on former occasions, of joining the Federal Union. The former controversy with the State of New York, which had, already, produced so much difficulty, still remained unsettled. The authorities of that state were well aware that Vermont would now succeed in main- taining her independence ; and, it is proba- bly, the fact, that she entertained but little hostility to the measure. The former Gov- ernors of New York, had, however, made grants of extensive tracts of land in Ver- mont, the validity of which was not admit- ted by the government of Vermont. It was not conceived by New York, that she was under any particular obligations to refund the moneys received for these lands — they being the grants of the royal governors : A disposition was manifested, however, to com- promise the matter, on just and amicable terms : and, in accordance with these views, at a session of her Legislature, on the 15th of July, 1789, an act was passed, appointing a certain number of commissioners to ac- knowledge the sovereignty of Vermont, aixl adjust all difficulties with that State. Com- missioners were, also, appointed on the pari 2^10 MEMOIR OP of Vermont, to treat with those of New York, and remove whatever obstructions existed to prevent her admission into the union. On the.Tth of October, 1790, "the com- missioners for New York, by virtue of tho powers to them granted for that purpose, de- clared the consent of the Legislature of New York, that the State of Vermont be admitted into the Union of the United States of America; and that, immediately upon such admission, all claims of jurisdiction of the State of New York, within the State of Vermont, shall cease ; and thenceforth, the perpetual line between the State of New York and the State of Vermont, shall be as was then holden and possessed by Vermont ;" that is, the West lines of the most Western towns which had been granted by New Hampshire, and the middle channel of Lake Champlain. — In regard to the lands granted under the Provincial government of New York, "the commissioners, by virtue of the powers to them granted, declare the will of the Legislature of New York, that if the Legislature of the State of Vermont should, on, or before, the first day of January, 1792, declare, that on, or before, the first day of June, 1794, the State of Vermont would pay the State of New York, the sum of thirty thousand dollars, that immediately from such declaration, by the Legislature of the State of Vermont, all rights and titles to lands COL. ETHAN ALLEN. 241 within the State of Vermont, under grants from the government of the colony of New York, or from the State of New York, should cease," excepting those, which had been made in confirmation of the grants of New Hampshire. This proposal was readily agreed to by Vermont ; and, on the 28th of October, 1790, an act was passed directing the Treasurer of the State to pay the sum of thirty thousand dollars to the State of New York, at the proposed time. ' In this amica- h\e manner,' says Dr. Williams, ' was termi- nated a controversy which had been carried on, with great animosity, for twenty-six years.' The General Assembly of Vermont, com- menced its session at Bennington, on the 10th of January, 1791 ; and, appointed Hon. Nath'l. Chipman, and Lewis R. Morris, Esq., Commissioners to attend Congress, and ne- . gociate the admission of the State into the union. They repaired to Philadelphia, and laid before the President of the United States the proceedings of the Convention and Le- gislature ; and, on the 15th of February, 1791, Vermont was admitted into the Union, without debate, or a dissenting vote. We have thus given the reader a concise view of all the principal events in which Col. Allen was concerned : and, it is truly gratifying to consider, that, in all the trying scenes of his life— in all the vicissitudes attendant upon 21 242 MEMOIR OP a protracted, captivityT--he was never forget* ful of the rights of his fellow men,.or the cause of liberty in which his country was engaged. We have seen him cast aside, as unworthy the principles which governed him, the prof- fered honors of the British crown to betray his allegiance to his country's cause. We have seen him. adhering, with patriotic affection, to the interests .of that country, eveo while her efforts were directed to crush the rising pros- pects of his adopted state. What individual, then, will deny him the tribute of gratitude, or withhold from his memory, that mysterious feeling of veneration which patriotism ex- acts from the friends of hberty ? Col. Allen was the author of several polit- ical and religious Works. The former were principally illustrative of the ^measures adopt- ed by the people of the New Hampshire Grants, in relation to the position they assum- ed in the controversy with the New York au- thorities : and the latter were, probably, writ- ten more with a view to gratify a desire to occupy a space in the public mind, than for aiij other purpose. His religious sentiments, as promulgated in his writings, were nearly allied to Deism : Yet, it is quite probable, from the following anecdote, that his real opinions were based upon a different creed : A Dr. Elliot, who removed from Guilford, Conn., to Vermont, was well acquainted with Col. Allen, and made him a visit at a time when his daughter was very dangerously sick. COL. ETHArr AtLEN. 243 He was introduced into theLibtary; where the Colonel read to him some of his writings. While thus engaged, a messenger entered, and informed him that his daughter was dying, and desired to speak with hmi. He immediately went to her chamber, accompanied by Dr. EUiot, who was desirous of witnessing the in- terview. The wife of Col. Allen was a pious woman, and had faithfully instructed her daughter in the principles of Christianity. As soon as her father appeared at her bed side, she said to him, "I am about to die : shall I beheve in the principles you have taught me, or shall I believe in what my mother has taught me ?" Col. Allen became extremely agitated : His chin quivered — his whole frame shook : and, after a lapse of a few minutes, he replied, ''^Believe ivhat your mother has taup:ht you.^^ It would appear, from this, that however much Col. Alien might have indulged in the exer- cise of his fancy, upon religious matters, he was still, in principle, attached to the beauti- ful and holy precepts inculcated by our Savior* Col. Allen was brave, even to rashness : In support of this position, we submit to the reader the following adventure, related to us a short time since, by a gentleman remotely connected with him. — Soon after the Procla- mation of the Provincial Governor of New York, was received by the people of Vermont, in which a reward of one hundred pounds was offered for the apprehension of Allen, much anxiety was felt, by his friends, for his safety, 244 MEMOIR OP on account of the many opportunities offered for arresting him. Allen, however, laughed at their fears ; and offered a bet that he would proceed to Albany — ahght at the most prom- inent house of entertainment — drink a bowl of punch, and, finally, escape unharmed. This was accepted : His necessary arrangements having been made, he proceeded to'xAlbany, and, after alighting, called for a bowl of punch according to the terms of the bet. It was soon whispered around, however, that "Ethan Allen was in the city ;" and, a large concourse of people collected about the house — among whom, was the Sheriff of Albany county. Al- len, however, remained unmoved. Having finished his punch, he went to the door^ mounted his horse, and, after giving a hearty '''huzza for Vermont /" departed, unharmed,, from the astonished and gaping multitude. The followino- anecdote, derived from a source entitled to credit, exhibits good evi- dence of the singularity, as well as the firm resolution of Col. Allen : He was, for a short period, a resident of Tinmouth, Vt. ; and was celebrated among his townsmen for acts of boldness, and a perfect contempt of every thing pertaining to cowardice, a she had been among the soldiery, in his previous military career. Being one day on a visit to a neigh- boring town, (Middletown,) he happened in at the house of a gentleman, who, though not a regular dentist, was, nevertheless, in the habit of extracting teeth. A woman came in, COL. ETttAN ALLEX. 245 suffering from the pain of a decayed tooth, but without sufficient courage to permit an extraction. She frequently approached the ya/a/ seat, assigned for that purpose, and, as often retreated. Ahen, in the mean time, a very uneasy spectator, could restrain his feel- ings no longer. "Here," said he to the Dent- ist, "take out one of my teeth." "They are all sound. General."* "Never mind — do as I direct you." A tooth was extracted. "Now take c.ourage, madam, from the example I have given you," said Allen, to the trembling woman. Pride overcame her fears ; and she was soon relieved from apprehension and pain. An idea of the honesty and love of veracity of Col. Allen, may be obtained from the sub- joined anecdote : A certain individual, to whom he was indebted, had commenced a suit against him : and a lawyer had been em- ployed by him, to attend to it, and get the judgment postponed, if possible. As an easy method to effect this, the lawyer denied the signature of the note, knowing it would be almost impossible for the plaintiff to prove it genuine. Allen, who was present, could not submit to this trick of the law. Walking forward, through the crowd, he thus address- ed the astonished lawyer. "Mr. — , I did not * Col. Allen was, for a short period, the com- mander of the military forces of Vermont, with the rank of Brigadier General. 246 MEMOIR OF employ you to come here and lie — I employ- ed you to tell the truth. The note is a true one— the signature is mine. All I ask of the court is, to grant me sufficient time to meet the payment." It is almost needless to add, that the plaintiff acceded to his wish. In canvassing the various events, in the life of Col. Allen, we arrive at the irresistible conclusion, that he was a staunch friend to liis country, a good citizen and an honest rnaru To the poor, his hand was ever open ; and, in behalf of the oppressed, his energies were ever directed. In short, he was of that class of men, who freely offered up their all in de- fence of the liberties of this happy and flour- ishing government ; and, as such, his deeds and his fame are associated with all our po- litical and civil privileges and blessings. The last years of his life were spent in Burlington, Vt, w^here he pursued the avoca- tion of a farmer. He died, in that town, on the 12th of February, 1789, of apoplexy. A plain marble slab covers his remains, oa which is the following inscription : THE CORPOREAL PART OF GEN. ETHAN ALLEN, RESTS BENEATH THIS STONE THE 12rM DAV OF FEBRUARY, 1789, AGED 50 YEARS. His spirit tried the mercies of his God^ In ivhom he believed^ and strongly trusted. COL. ETHAN ALLEN. 247 ORIGLNAL LETTERS. TicoNDEROGA, 20th of Jtjly, 1775. Respectable Gentlemen — When I reflect ODlhe unhap- py controversy which hath many years subsisted be tween the Government of New York, and the settlers on the New Hampshire Grants ; and, also, contemplate on the friendship and union that hath lately taken place be- tween the Government and those of its former discon- tented subjects, in making a united resistance against IMinisterial vengeance and slavery, I cannot but indulge fond hopes of reconciliation. To promote this salutary end, [ shall contribute my influence ; assuring your Hon- ours, that your respectful treatment, not only to Mr. Warner and myself, but to the Green Mountain Boys in general, in forming them into a battallion, are, by them, duly regarded ; and I will be responsible that they will retaliate this favour, by boldly hazarding their lives, if need be, in the common cause of Americd. I hope no gentleman in the Congress will retain any preconceived prejudice against me ; as, on my part, I shall not against any of them ; but, as soon as opportu- nity may permit, and the public cause not suffer there- by, shall hold myself in readiness to settle all former difficulties and grievances, on honourable terms. I am, Gentlemen, with the greatest respect, your de- voted, most obedient, humble servant, ETHAN ALLEN. To the Hon. Provincial Congress ^ JVew York, Crownpoint, 2d of June, 1775. Respectable Gentlemen — Before this time, you havCf undoubtedly, received intelligence not only of the taking the fortified places on Lake Champlain, and also the armed sloop and boats therein, and the taking possess- ion of a schooner which is the property of Maj. Skene, and armed and manned it, and of the conversion of them, with a large train of artillery, to the defence of the liberty and constitutional rights of America. You have, likewise, undoubtedly, been informed that the e»- peditioa was undertaken at the special encouragement •248 ORIGINAL LETTERS. and request of a number of respectable gentlemen, in the colony of Connecticut. The pork forwarded to subsist tlie army, by your Honours' directions, evinces 'your approbation of the procedure, and, as it was a pri- vate expedition, and common fame reports that there are a number of overgrown tories in the Province, your Honours will the readier excuse me in not first taking your advice m the matter, lest the enterprizes might have been prevented by their treachery. It is here reported, that some of them have lately been savingly converted, and that others have lost their influence. If, in those achievements, there be any thing honourary, the sub- jects of your Government, viz : the New Hampshire settlers — are justly entitled to a large share, as they had a great majority of numbers of the soldiery, as v/ell as the command in making those acquisitions ; and, as your Honours justify and approve the same, I desire and ex- ])ect your Honours already have, or soon will, lay before the Graud Continental Congress, the great disadvantage it must eventually be to the Colonies, to evacuate Lake Champlain, and give up to the enemies of our country, those invaluable acquisitions, the key of either Canada or of our country, according as which party holds the same in possession, and makes a proper improvement of it. The key is ours as yet ; and, provided the Colonies would suddenly push an army of two or three thousand men into Canada, they might make a conquest of all that would oppose them in the extensive Province of Quebec, except reinforcements from England should prevent it- Such a diversion would weaken Gen. Gage, or insure us of Canada. I wish to God, America would, at this criti- cal juncture, exert herself agreeable to the indignity of- lered her by a tyrannical ministry. She might rise, on eagles* wings, and mount up to glory, freedom and in>- mortal honour, if she did know and exert her strength. Fame is now hovering over her head. A vast^continent must now sink to slavery, poverty, horror and bondage, or rise to unconquerable freedom, immense wealth, iiv- expressible felicity and immortal fame. / will lay my life m it, that with fifteen hundred men and a proper or- tillerp, I will take Montreal ; provided, 1 .could thus be ORIGINAL LETEKS. 249 furnished : and, if an army could command the field, it would be no insuperable difficulty to take Quebec. This object should be pursued, though it should take ten thou- sand men to accomplish the end proposed, for England cannot spare but a certain number of her troops ; nay, she has but a small number that are disciplined, and it is as long as it is broad, the more that are sent to Quebec, the less they can send to Boston, or any other part of the continent, and there will be this unspeakable advantage in directing the war into Canada, that instead of turning Hie Canadians and Indians against us, (as is wrongty suggested by many,) it would unavoidably attain and connect them to our interest. Our friends in Canada can never help us, till we first help them, except in a passive or inactiue manner. There are, now, but about seven hundred regular troops in Canada. I have lately had sundry conferences with the Indians: they are very friendly. Capt. Abraham Nimham, a Stockbridge In- dian, and Mr. Winthrop Hoit, who has sundry years lived with the Cachnewagas, in the capacity of a prisoner, and was made an adopted son to a motherly squaw of that tribe, have both been gone ten days to treat with the Indians as our embassadors of peace and friendship. I expect, in a few weeks, to hear from them. By them I sent a friendly letter to the Indians, which Mr, Hoit can explain to them in Indian. The thing that so unites the temper of the Indians to us, is onr taking the sovereign- ty of Lake Champlain. They have not enough to make a good bargain, and stand by the strongest side ; much the same may be said of the Canadians. They have no personal controversy with us, but act on political princi- ples. If we evacuate Lake Champlain, and retire to Lake George, Gov. Carlton can, by intrigue, and will not fail, to draw them into his interest. If we hold the supremacy, we shall do the same ; for cunning and pow- er are but the same thing, be it exercised by either Carl- ton or us ; but cunning, without power, can hold no equal contest with that which is armed with it. It may be thought, that to push an army into Canada, would be too premature and imprudent ; if so, I propose to make a Stand at the Isle aux Noix, which the French fortified by 250 ORlGir^AL LETTERS. entrenchment the last war, and greatly fatigued our ai>' my to take it. It is about fifteen miles this side of Saint Johns; and is an Island in the river, on which a small aLrtillery placed, would command it. An establishment of a frontier so far North, would not only better secure our own frontier, but put it into our power to better work our policy with the Canadians and Indians ; or, if need be, to make incursions into the territory of Canada, the same as they could into our country, provided they had th^ sovereignty of Lake Champlain, and had erected Head Quarters at, or near Skenesborough. Our only having it in our power to thus make incursions into Can- ada, might probably, be the very reason why it would be unnecessary so to do, even if the Canadians should prove more refractory than I think for. Lastly, with submission, I would propose to your Honours to raise a small regiment of Rangers, which I could easily do, and' that mostly in the counties of Albany and Charlotte, pro- vided your Honours should think it expedient to grant commissions, and thus regulate and put the same under pay. Probably your Honours may think this an imper- tinent proposal : It is, truly, the first favour I ever ask- ed of tlie Government; andif it be granted, I shall be zealously ambitious to conduct for the best good of my country, and the honour of the Government. I subscribe myself. Gentlemen, with due respect, your Honours'* most obedient, humble servant, ETHAN ALLEN. Gentlemen, in the narrative contained in the enclosed., was too materially omitted, the valour and intrepidity of Col. James Easton, and forty six veteran soldiers from the Massachusetts Bay, who assisted in the taking Ti- conderoga. Col. Easton is just returned from the Pro- vincial Congress of the Massachusetts Bay, to thisplace, and expects he will soon have the command of a regi- ment from that Province. Yours, &c. ETHAN ALLEN. TicONDEROGA, tho 4th of JuNE, 1775^ To our worthy and respectable friends and country- men, the French People of Canada, Greeting. Friends and fellow-countrymen :-— You are, undoubl- ORIGINAL LETTERS. 251 etlly, more or less acatmipted with the unnatural and un- happy controversy subsisting between Great Britain and her colonies, the particulars of which, in this letter, we do not expatiate upon, but refer your consideration to tho justice and equitableness thereof, qn the part of the colonies, to the former knowledge that you have had of this matter. We need only observe, that the inhabitants of thecolonies view the controversy, on their part, to be justifiable in the sight of God and all unprejudiced and honest men that have, or may have, opportunity and ability to examine into the merits of it. Upon this principle, those inhabitants determine to vindicate their cause, and maintain their natural and constitutional rights and liberties, at the expence of their lives and fortunes ; but have not the least disposition to injure, mo- lest^ or any way de|)rive our fellow subjects, the Canadi- ans, of their liberty , or property ; nor. have they any design to wage war against them : and, from all intimations tlta the inhabitants ofthe said colonies have received from the* Canadians, it has appeared that they were alike dis- posed for friendship and neutrality, and not at all dis* posed to take part with the King's .troops in the pres- ent civil war, againsi the colonies. We y/ere, never- theless, surprised to hear that a number of about thirty Canadians attacked our reconnoitring party, consisting of four men— fi.red en them, and pursued them, and obl^• ged them [0 return the fire. This is the account of tllo party which have since arrived at .Head Quarters, We desire to know, of any gentleman Canadians, the ifiCts of the ease, as one story is good till another is told. Our general orders to the soldiery was that they should not, on pain of death, molest or kill any of your people, but, if it shall appear, upon examination, that our reconnoV tring party commenced hostilities against your peopte, they shall suffer agreeable to the sentence of a Court Martial, for our special orders from the colonies are to befriend and protect you if need be, sg that i^ you desire their friendship, you are invited to embrace it, for notli- jng can be more undesirable to your friends in the cok)- nies, than a war with their fellow subjects, the Cana.di^ ans, or with the Indians. You are very seasjble thai war 252 ORIGINAL LETTERS* has already commenced between England and the colo- nies. Hostilities have already began. To fight the King's troops has become a necessary and incumbent du- ty. The colonies cannot avoid it, but pray is it necessa- rj' that the Canadians and the inhabitants of the English colonies should butcher one another? God forbid! there is no controversy subsisting between you and them.— Pray let old England and the colonies fight it out, and* you, Canadians, stand by and see what an arm of flesh can do ! We are apprehensive that the conduct of your }>eopIe before complained of, had not a general approba- tion ; and are still confident that your country, as such, will not wage war with the colonies or approve the afore- said hostile conduct of your people, as vve conceive it to be impolitic, to the last degree, for the Canadians to en- ter into a bloody war without either a provocation or motive ; and when at the same time, every motive of interest, virtue and hoi^our, are ready at hand to dis- suade you from iu In fine, we conclude Saint Luke, Capt McCoy, and other evil minded persons, whose interest and inclination it is, ihat the Canadians and the people of those colonies should cut one another's throats, have enveigled some of the baser sort of your people to at- tack our said reconnoitring party. We expect, gentle- men, as to these particulars, you will, in good time, in- form us ; and subscribe ourselves. Your real friends, ETHAN ALLEN, ') Jit present, the princi^ > j}al commanders of JAMES EASTON, ) the army. A copy of the foregoing letter was, this day, sent to IVlr. Walker, our trusty friend, at Montreal, per favour of Mr. Jefiere, whose fidelity is unquestionable, and it is wholly left with Mr. Walker to make its contents the most public that he possibly can, whether by printing it and translating it into French, &c. We, furthermore, thought it expedient your Honours should have a copy communicated to you. Yours, at command, ETHAN ALLEN, JAMES EASTON. ^'-^^-^ •^«;fs5^,^*^ i:> J* .*^>»*z * v> v:^ ' • • • ' *:> "^u •'' ^'^ <^ "• ;o' ■<'ao< i ' .v^ioi-. ^-. .^<-'^\*:f^%\. . <'"*.'^