In consideration of the representations and petitions laid before it, a committee of the General Assembly of New York resolved that the governor be requested to issue a proclamation offering a reward of fifty pounds each for the apprehension, and securing in his Majesty's gaol at Albany, of Ethan Allen, Warner, Baker, and five others, and that a bill be brought in more effectually to suppress the riotous proceedings and bring the offenders to condign punishment. These resolutions having come to the Grants in the columns of the "New York Mercury," the committees of the towns on the west side of the mountains met at Manchester and made answer thereto. They said that in consequence of the report of the British Board of Trade, so favorable to them, they were in daily expectation of a royal confirmation of the New Hampshire grants, and declared themselves loyal and devoted subjects of his Majesty; that the government of New York was more rebellious than they, in that it had acted in direct opposition to the orders of the king; that they had purchased their lands of one of his Majesty's governors on the good faith of the crown of Great Britain, and would maintain those grants against all opposition, till his Majesty's pleasure should be known, and recommended to the governor of New York to await the same before proceeding to the harsh measures proposed, "to prevent the unhappy consequences that may result from such an attempt." They resolved to defend with their lives and fortunes their neighbors and friends who should be indicted as rioters, and that the inhabitants would hold themselves "in readiness to aid and defend such friends of ours who, for 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]
Here was indeed an "exertion of the powers of government," but it was barren of any result but to strengthen the spirit of opposition in those against whom it was directed, and, instead of terrorizing them into abject submission, as its authors had confidently expected, it served rather to unite them in more stubborn resistance.
In response, Allen and his proscribed associates put forth a manifesto and an address "to the people of the counties of Albany and Charlotte which inhabit to the westward, and are situated contiguous to the New Hampshire Grants," wherein, for the most part, the case is forcibly stated in Allen's peculiar style, and closes with the declaration that "We are under the necessity of resisting even unto blood every person who may attempt to take us as felons or rioters as aforesaid, for in this case it is not resisting law, but only opposing force by force; therefore, inasmuch as, by the oppressions aforesaid, the New Hampshire settlers are reduced to the disagreeable state of anarchy and confusion; in which state we hope for wisdom, patience, and fortitude till the happy hour his Majesty shall graciously be pleased to restore us to the privileges of Englishmen."
Not many times, if ever, thereafter, was the authority of the king invoked by those who set their names to this paper: but little more than a year had elapsed when most of them were engaged in wresting from the crown its strongholds on Lake Champlain.
Now, however, a scheme was set on foot to withdraw the Grants from the hated jurisdiction of New York by erecting them, and that part of New York east of the Hudson, into a separate royal government. Colonel Philip Skene, who lived in considerable state in Skenesborough House on his estate at the head of Lake Champlain, was engaged in it, probably with a view to the governorship of the new province, and he went to England to further the project. Whatever his success may have been, it came to nothing with the breaking out of the Revolution.[56]
The people of the Grants maintained their attitude of defiance and resistance. The stinging imprint of the beech seal was still set as relentlessly on the backs of justices who yet dared to act under the authority of New York, and their stern judges sent them "toward the City of New York, or to the westward of the Grants," with duly signed certificates that they had received full punishment for their crimes.
Lieutenant-Governor Colden, now acting governor, as Tryon "had been called home to give Lights on the Points in dispute," applied to General Gage at Boston for a force of 200 men to aid the civil officers in the county of Charlotte, but Gage declined, as Haldimand had done; and the attempts of New York to enforce its authority continued as futile as ever, while the Rob Roys of the new world Highlands as boldly went their way as if no price was set upon their heads.
FOOTNOTES:
[41] Hist. Vt. p. 345.