Wentworth complained of this loss of territory, and represented it to be injurious to the peace and prosperity of the country; but he was constrained, by advice of counsel, to recommend to the settlers due obedience to the authority and laws of New York.
Had this royal decree been interpreted by the Yorkers as simply effecting a change of jurisdiction, the inhabitants would have quietly submitted, as it was immaterial to them, other things being equal, whether they lived in New York or New Hampshire. Unfortunately, the private interests of Colden and the land speculators induced another interpretation. They maintained that the decision had a retrospective application; that the Connecticut River had always been the eastern boundary of New York, and hence the grants made by New Hampshire were null and void.
The people of the Grants were now apprised of the true nature of the diplomatic game that was being played, in which they were the parties likely to be the most affected. They now realized that the lands they had duly bought and paid for, and for which they held deeds under the authority of the Crown, were coveted by the land speculators, and, under color of law, the latter purposed to wrest them from their hands.
In 1765, a committee from the Grants waited upon the newly-appointed Governor of New York, Sir Henry Moore, to solicit his protection against the New York patents; but this measure failed of its purpose. The following year an agent was sent to the Court of Great Britain to recount the unjust proceedings against them; and the King in Council, in response thereto, issued an order bearing date of July 24, 1767, requiring of the Governor of New York that he should not, “upon pain of his Majesty’s highest displeasure, presume to make any grant whatsoever of any part of the lands in question, until his Majesty’s further pleasure should be known concerning the same.” This order was obeyed during the administration of Governor Moore; but after his death, which occurred in the fall of 1769, it was wholly disregarded, and grants were made by successive governors up to the Revolutionary period.
After the death of Moore, New York proceeded to carry out its plan by attempting to compel the Vermontese to repurchase their lands, or to abandon them. Many of the settlers did not have the ready funds with which to repurchase their homes, had they been so minded; while the great majority peremptorily refused to submit. This bold opposition was followed by actions of ejectment at Albany, and judgments against the protesting settlers, the original proprietors.
The Governor of New York exercised a little judicious diplomacy by making a partial distinction between the settlers on the east and west sides of the Green Mountains, and, by winning some of the leading characters over to his interest, by that means divided the people. Some settlers on the east side, by yielding up their New Hampshire titles, had new or confirmation grants from New York on payment of half fees. The usual fee of the former colony for granting a township was about three hundred dollars; but under the latter it generally exceeded two thousand dollars.
To promote a further division between the two sections, New York gave civil and military commissions to settlers on the east side. A new county was erected there, and a log court house and jail was built in the wilderness, eight miles distant from any settlement. The Governor, by this stratagem, partially brought the eastern counties to coincide with New York, thus placing the western district in the interior of the government. He hoped in that way to compel their submission; forgetting that men, who had braved every danger and hardship attending the settlement of a wild country, would not tamely submit to be dispossessed. The contest now grew warm and serious. Writs of ejectment were issued and served; some officers were prevented by force from serving their writs; the papers were returned to the Supreme Court at Albany.
Ethan Allen, a proprietor under the Hampshire Grants, accompanied by an eminent barrister of Connecticut named Ingersoll, repaired to Albany to answer in behalf of the Grants. When the first case was brought, Ingersoll answered for the defendant, supporting his plea by the royal orders and instructions to Governor Wentworth to make grants of land in the province of New Hampshire, and also produced the grant and charter to the settlers. The judge would not admit them to be taken as evidence, on which Ingersoll perceived the cause was already prejudged, and withdrew from the defense.
CHAPTER III.
RESISTING THE NEW YORK CLAIMANTS.
On the return of Mr. Allen to Bennington, the people met in convention, and passed a resolution to support their rights and property by force, inasmuch as justice was denied them by the intriguing land-jobbers controlling the civil power of New York. This was a bold stroke of one hundred men thus to oppose the most favored and influential colony under the Crown; but the Vermonters rightly conjectured their quarrel was with the governor of New York and a few land speculators only, and not with the body of its inhabitants.