of the tumults and riots made by those settlers, in opposition to that government, (many of which facts must be confessed to be true) though they have carefully omitted their manyfold provocations, yet, with all their particularity have given but a very imperfect idea of those transactions. I shall therefore, waving particulars, give a general review of the economy of those settlers in their opposition to that government. For defending their property, they were indicted rioters; the next thing was to defend rioters; then they had two objects of protection, viz. persons, as well as property: They were at first greatly intimidated at the empty appearance of law, that their opponents were so conversant with, sometimes despairing of maintaining their possessions; yet upon extremety, rather than quit their substance to the insatiable ravishers, would rally and frustrate their designs: Thus, when the sheriff of the county of Albany with his posse came to dispossess some of them, they, most generally, boldly took up arms and appointed leaders. Matters having come to this, not long after, the inhabitants assembled and appointed committees of safety in the several towns throughout their settlement; this general committe have the conducting of the public affairs of the country for its security, till his majesty settles the controversy. They have erected several companies, which by the votes of the soldiers are furnished with officers; these companies form a regiment which are known by the significant character of green mountain boys, who are generally in the prime of life, well versed in the use of fire-arms, and of robust constitutions; probably no American regiment in an interior defence could excel them, or that would willingly [or more willingly] contribute to the support of the crown of Great Britain; for it is observable, that such subjects that will not fight for their property will never fight for their king. And the general instructions from the committee, ever have been, not to act in any thing against the government of New-York, but on the defensive.

IT is in the nature of things impossible to pass a right judgment on the conduct of the New-Hampshire settlers, without taking into view the treatment of the goverument of New-York towards them. All cases must be determined upon the peculiar circumstances attending; no act can scarcely be conceived of, which, under certain attending circumstances, might not be lawful. It will be readily admitted on the part of those settlers, that, provided the government of New-York, and its patentees, have a clear and incontestible right to those lands; and that they are intruders, and by force and violence have maintained such encroachments; then they are truly guilty, in manner as the assembly of NewYork have alledged. But on the contrary, if those settlers have a legal and incontestible right to those lands, that they prosecute settlement on the good faith of the title, and the sundry approbations of both their title and settlement from the British administration, then, they are not guilty in manner as those gentlemen have declared: and the impartial public, instead of viewing them as usurpers, rioters, and felons, will justify them in their conduct, and esteem them as good members of society, liege subjects to the crown of Great Britain, and good soldiers for defending their persons and properties.

THUS, is humbly submitted the state of the controversy, which has for many years subsisted between the government of New-York and the settlers under New-Hampshire; by impartial justice must every act stand or fall; if those settlers are in the wrong, they are criminally so, but if not, then the allegations of their opponents will be adjudged as futile and cruel.

FINIS.

APPENDIX J.

DOCUMENTS ON THE ENFORCEMENT OF THE AUTHORITY OF VERMONT IN CUMBERLAND COUNTY

IN MAY 1779.'

[From the Documentary History of New York, vol. 4, p. 581-2.]

Samuel Minott, Esq., to Gov. Clinton.

BRATTLEBOROUGH, May 25th 1779. Sir - The Committee of this [Cumberland] County who are now met for the purpose of opposing the authority of the State of Vermont take this opportunity to inform your Excellency by Express, that Col. Ethan Alline [Allen] with a number of Green Mountain Boys, made his appearance in this County yesterday, well armed and equipt, for the purpose of reducing the loyal inhabitants of this County to submission to the authority of the State of Vermont, and made prisoners of Col. [Eleazer] Patterson, Lieut. Col. [John] Sergeant and all the Militia Officers except one in Brattleborough, with Mr. [Micah] Townsend3 and

'See ante, pp. 298-9, 302-3, 307-9, and 442-3.

2 The towns represented by adherents to New York, May 4, 1779, were Hinsdale, [Vernon,] Guilford, Brattleborough, Fulham, [Dummerston,] Putney, Westminster, Rockingham, Springfield, and Weathersfield.See Eastern Vermont, pp. 334-5. All of these towns except Vernon and Brattleborough were then represented in the General Assembly of Vermont. Hence the county committee, of which Mr. Minott was chairman, represented the adherents of New York, not the people at large.

3 MICAH TOWNSEND, son of Micajah Townsend and Elizabeth Platt, was born at Cedar Swamp, Oyster Bay, Long Island, May 13, 1749; graduated as Bachelor of Arts, Nassau Hall, Princeton, N. J., Oct. 8, 1766, and received the Master's degree Oct. 5. 1769. He was admitted to the bar of New York in April 1770, and settled at White Plains, Westchester county. He was clerk of the Committee of Safety for that county, and June 22 1776 was appointed captain of a militia company which had been raised to combat the tories, and he served in that capacity until the camp was broken up Nov. 1 following, by order of Gen. Washington. As the British forces gained possession of that region, Mr.

a number of other Persons. They have also taken the Militia Officers in Putney and Westminster with others; the number of prisoners we cannot ascertain. Col. Alline [Allen] declared that he had five hundred Green Mountain Boys with him-we are not able to ascertain the number, but believe there is not quite so many who are come from the west side of the Mountains; they are assisted by a number of the inhabitants of this County. Where they will carry the Prisoners we cannot tell. Col. Allin treated the people here with the most insulting language, assaulted and wounded several persons with his sword without the least provocation, and bids defiance to the State of New-York, declares they will establish their State by the sword, and fight all who shall attempt to oppose them. Nothing but the reluctance the people here have to shedding human Blood could hinder them from attempting to rescue the Prisoners--they had every insult which the human mind is able to conceive of to prompt them to it. Our situation is truly critical and distressing, we therefore most humbly beseech your Excellency to take the most speedy & efficient Measures for our Relief; otherwise our Persons and Property must be at the disposal of Ethan Allen, which is more to be dreaded than Death with all its Terrors.

Sir we are with the greatest esteem Your Excellency's most ob't. humble servts.

Signed by order of the Committee,

SAMUEL MINOTT, Chairman. To his Excellency George Clinton Esq. Gov. of the State of New-York.

Governor Clinton to President Jay.

May 29th 1779. Sir-You will perceive from the enclosed Papers that what I have long expected and frequently apprized Congress of has actually hap

Townsend removed to Brattleborough, Vt., and Aug. 15 1778 married Mary, daughter of Col. Samuel Wells. For a short time he served the adherents to New York very acceptably, but becoming convinced that this course was unwise, he took the oath of allegiance to and became a citizen of Vermont. In 1781 he was made judge and register of probate for the county, and held these offices until 1787. In the same year (1781) he was made secretary of state, and he held that office until he resigned, Oct. 21, 1788, when the General Assembly by resolution expressed "the warmest sentiments of gratitude" to him "for the fidelity and skill with which he had discharged the duties of his said office." Disposing of his estate in Brattleborough to Hon. Royal Tyler in 1801, judge Townsend resided in Guilford a year, and then remoyed to Farnham, Province of Quebec, where he died April 23, 1832, at nearly the age of eighty-three years. His reputation as a lawyer was high, and he was universally and greatly esteemed as a man by those who knew him. For a more complete and appreciative biographical notice, see Eastern Vermont, pp. 700–706.

'One hundred men from Bennington was the number ordered by gov. Chittenden.-See p. 300. The whole Vermont force ranged from two to three hundred and fifty.-See Eastern Vermont, p. 339.

* Minott's letter, and other papers concerning the action of Vermont.

pened. These papers which need no Comment I have transmitted to your Excellency by Express with an earnest Request that you will please immediately lay it before Congress.

Altho' this matter will scarce admit of a moment's delay; yet as the Legislature are to meet on Tuesday next I shall defer taking any decisive measures (except issuing the necessary orders to the militia to hold themselves in readiness) until I can have an opportunity of obtaining their advice and Direction. I am &c. &c. GEO. CLINTON.

His Excellency John Jay Esq. President of Congress.

On the same day Gov. Clinton wrote a similar letter to the New York delegation in Congress, adding as follows:

I shall also conceive it my Duty to order the 1000 men destined for the Defence of the frontiers & to compleat the Continental Battalions except such small small part as are already annexed to those Regiments to march to Brattleborough for the protection of that and the adjacent Towns unless the Interposition of Congress shall render this measure unnecessary. It doubtless will occur to you that the Legislature will be extremely impatient for an answer from Congress; I must therefore request you the moment it is obtained to forward it by a special messenger.

Resolutions of Congress, June 1, 1779.

[From the Journals of Congress, 1779-80, Vol. V.]

TUESDAY, June 1, 1779. According to the order of the day, Congress was resolved into a committee of the whole, and, after some time, the president resumed the chair, and Mr. Plater [of Maryland] reported that the committee of the whole have taken into consideration the letter of the 18th of May, from his excellency governor Clinton, the petition of the committee of Cumberland County, the letter of colonel Patterson to governor Clinton. governor Clinton's answer, &c.2 and have come to sundry resolutions thereon, which he was ordered to report:

"The Petition of the Committees of the towns of Hinsdale, [Vernon,] Guilford. Brattleborough, Fulham, [Dummerston,] Putney, Westminster, Rockingham, Springfield and Weathersfield in Cumberland County; chosen for the purpose of opposing the pretended State of Vermont & convened at Brattleborough the 4th May 1779." This paper set forth the distracted state of the county and closed as follows:

"Your Petitioners therefore humbly, and in the most urgent & earnest manner, on behalf of themselves and their Constituents entreat that your Excellency [Gov. Clinton] will take immediate & effectual Measures for protecting the loyal Subjects in this part of the State in their Persons and Properties & to convince the honorable the Congress of the Impropriety of delaying a publication of their Sentiments in a matter which so nearly concerns the Peace, Welfare & probably the Lives of many of their firm adherents."

The letter of Col. Patterson was similar to the petition; and Gov. Clinton in his reply promised to order out the militia instantly in case Vermont attempted to reduce the petitioners by force of arms. For these papers, see Documentary History of New York, vol. 4, pp. 576–580. Gov. Clinton's letter of May 29th, covering Mr. Minott's, was received while Congress was in committee on this subject on the 1st of June.

The report being read, Congress thereupon came to the following resolutions:

WHEREAS divers applications have been made to Congress on the part of the State of N. York and of the State of N. Hampshire, relative to disturbances and animosities among inhabitants of a certain district known by the name of "the New-Hampshire Grants," praying their interference for the quieting thereof; Congress having taken the same into consideration,

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 heretofore exercised jurisdiction over the said district; for that as Congress are in duty bound on the one hand to preserve inviolate the rights of the several states, so on the other they will always be careful to provide that the justice due to the states does not interfere with the justice which may be due to individuals: That the said committee confer with the said inhabitants, and that they take every prudent measure to promote an amicable settlement of all differences, and prevent divisions and animosities so prejudicial to the United States. Resolved, That the further consideration of this subject be postponed until the said committee shall have made report.

Ordered, That they report specially and with all convenient speed. Previous to passing the first resolution,

A motion was made by Mr. Henry [of Maryland,] seconded by Mr. Carmichael [of Maryland,] to strike out the word "several," and in lieu thereof insert "united;" and on the question, shall the word several stand? The yeas and nays being required by Mr. Henry, New-Hamphire, Massachusetts-Bay, Connecticut, New-York, New-Jersey, Pennsylvania, Virginia, North Carolina, and South Carolina, voted aye; and Rhode Island and Maryland voted no; So it was resolved in the affirmative.

Resolved, That to-morrow be assigned for electing the Committee.

Resolved unanimously, That the president inform the governor of New-York, that a more early attention would have been paid to the pressing applications of that state, relating to the disturbances mentioned in his several letters, had it not been prevented by matters of the greatest importance; and that Congress will continue to pay equal attention to the rights of that state with those of other states in the union. WEDNESDAY, June 2, 1779.

Resolved, That the committee to repair to the inhabitants of the NewHampshire Grants consist of five, any three of whom to be empowered

to act.

The members chosen, Mr. Ellsworth [of Connecticut,] Mr. Edwards, Mr. Witherspoon [of New-Jersey,] Mr. Atlee [of Pennsylvania,] and Mr. Root [of Connecticut.]

WEDNESDAY, June 16, 1779.

The committee, consisting of Mr. Jenifer [of Maryland,] Mr. Armstrong [of Pennsylvania,] and Mr. Sharpe [of North Carolina,] to whom was referred the letter of the 7th of June from governor Clinton,' brought in a report; whereupon,

In this letter Gov. Clinton expressed his astonishment and concern that "the Congress have passed over in profound silence the remonstrances on the seizure and imprisonment of the principal officers of government in the county of Cumberland by the revolters of this State,"