Vermont: A Study of IndependenceRobinson, Rowland Evans
History
Vermont: A Study of Independence
Robinson, Rowland Evans
Vermont -- History
their merit to the great and general cause, are falsely denominated
rioters," but they would act only on the defensive, and would "encourage
execution of the law in civil cases, and in criminal prosecutions that
were so indeed."[54]
But before this answer was approved by the general committee, the New
York Assembly had enacted a law (March 9, 1774) as stringent as its
committee could have urged, or its report had foreshadowed, and with it
or following close upon its passage was issued Governor Tryon's
proclamation of a reward of one hundred pounds each for the arrest of
Ethan Allen and Remember Baker, and fifty pounds for the apprehension of
Seth Warner and five others. Some of the provisions of this
extraordinary law were, that if three or more persons, "being
unlawfully, riotously, and tumultuously assembled within the counties of
Charlotte and Albany," did not disperse when commanded to do so by
proclamation made by a justice, sheriff, or coroner, they should upon
conviction suffer twelve months' imprisonment without bail; and any
person opposing, letting, hindering, or hurting the person making or
going to make such proclamation, should be adjudged a felon, and suffer
death without benefit of clergy. It should also be adjudged felony
without benefit of clergy for an unauthorized person to assume judicial
powers, or for any person to assist them, or to execute their sentences,
or to seize, detain, or assault and beat any magistrate or civil
officer, to compel him to resign his office, or to prevent his
discharging its duties; or to burn or destroy the grain or hay of any
other person; or to demolish or pull down any dwelling-house, barn,
stable, or gristmill, sawmill, or outhouse within either of the said
counties. When the persons named in the governor's proclamation, or any
other persons, were indicted for any offense committed after the passage
of this act, and made capital by it or any other law, did not, within
seventy days after the publication of the governor's command to do so,
surrender themselves to one of his Majesty's justices of the peace for
either of the said counties, they were to be adjudged guilty of the
offense for which they had been indicted; and if for a capital offense
thereafter to be perpetrated, they should be convicted and attainted of
felony, and should suffer death, as in the case of persons so convicted
by verdict and judgment, without benefit of clergy; and it should be
lawful for the supreme court of New York, or the courts of oyer and
terminer or general gaol delivery, to award execution against such
offenders as if they had been convicted in such courts. It was provided
that, as it was impracticable to bring offenders to justice within the
county of Charlotte, all persons committed within its limits should be
proceeded against by any grand jury of the county of Albany, and tried
in that county by a jury thereof, as if the crime or offense had been
perpetrated therein.[55]
Public-domain text, read in full here on John Shaqi.
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