Vermont: A Study of IndependenceRobinson, Rowland Evans
History
Vermont: A Study of Independence
Robinson, Rowland Evans
Vermont -- History
The mission of Robinson[35] was so far successful that the governor of
New York was commanded by his Majesty "to make no grant whatever of any
part of the lands in dispute until his Majesty's pleasure should be
further known" (July 24, 1767).
But the governor's council of New York decided that this order did not
restrain the granting of any land formerly claimed by New Hampshire, but
not already granted by that government; and the governor continued to
make grants, and writs of ejectment were issued as before, returnable to
the Supreme Court at Albany. It was decided in this court that
authenticated copies of the royal orders to the governor of New
Hampshire, and the grants made in pursuance thereof, should not be used
in evidence.
Ethan Allen, soon to become one of the most prominent actors in this
controversy, was attending suits at Albany when this decision was made.
Being urged by some of the officials there to use his influence with the
settlers to induce them to make the best terms they could with their New
York landlords, and reminded that "might often prevails against right,"
Allen replied, in the Scriptural language which he was so fond of
employing, that "the gods of the valleys were not the gods of the
hills;" and when asked by the attorney-general to explain his meaning,
answered that, "if he would accompany him to Bennington Hill, it would
be made plain to him."[36]
Thus debarred from obtaining justice in the courts, the people,
assembled in convention at Bennington, "resolved to support their
rights and property in the New Hampshire Grants against the usurpations
and unjust claims of the Governor and Council of New York by force, as
law and justice were denied them."[37]
A more thoroughly organized resistance was now opposed to all attempts
of the New York officers to make arrests or serve writs of ejectment.
Surveyors who undertook to run the lines of New York grants across lands
already granted by New Hampshire were compelled to desist. A sheriff
could not come so secretly that vigilant eyes did not discover his
approach, nor with so strong a posse that, when he attempted to execute
his duties, he did not find a formidable force gathered to resist him.
If he persisted, he was, in Allen's quaint phrase, "severely chastised
with twigs of the wilderness," though the "blue beech" rod, whose
efficacy in reducing a refractory ox to submission had been so often
proved by the rough yeomen of the Grants, and which they now applied to
the backs of their oppressors, could hardly be termed a twig. This mode
of punishment, with grim humor, they termed the "beech seal."
A proclamation was issued by the governor of New York for apprehending
some of the principal actors, and in the January (1770) term of the
court at Albany several of the inhabitants of Bennington were indicted
as rioters, but none of them were arrested.
Public-domain text, read in full here on John Shaqi.
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