The New Hampshire Gazette And Historical Chronicle

REMARKS, &c. on some late Laws passed in New-York,

His Excellency Governor Tryon, General Assembly of the Colony of New-York, having on the 9th Day of March, 1774, with the Advice of his Council, issued his Proclamation, offering therein large Sums of Money for the Purpose of apprehending and imprisoning the following Persons, viz. Ethan Allen, Seth Warner, Remember Baker, Robert Cochran, Peleg Sunderland, Silvanus Brown, James Breakenridge, and John Smith.

And whereas his Excellency the Governor, by the same Proclamation, hath strictly enjoined and commanded all Magistrates, Justices of the Peace, Sheriffs, and other civil Officers of the Counties of Albany and Charlotte, to be active and vigilant in apprehending and imprisoning the Persons above named; and we the aforesaid Persons, whose Names are hereunto affixed, being conscious that our Cause is good and equitable, in the Sight of God, and all unprejudiced and honest Men, are determined at all Events, to maintain and defend the same, 'till his Majesty's Pleasure shall be known, concerning the Validity of the New-Hampshire Grants.

And we now proclaim to the Public, not only for ourselves, but for the New-Hampshire Grantees and Occupants in general; that the Spring and moving Cause of our Opposition to the Government of New-York, was self-preservation: viz. Firstly, the Preservation and maintaining of our Property: And secondly, Since that Government is so incensed against us, therefore it stands us in hand to defend our lives; for it appears by a late Set of Laws passed by the Legislature thereof, that the lives, and property of the New-Hampshire Settlers are manifestly struck at; but that the Publick may rightly understand the Essence of the Controversy; we now proclaim to those Lawgivers, and to the World, that if the New-York Patentees will remove their Patents, that have been subsequently lapped and laid on the New-Hampshire Charters, and quiet us in our Possessions, agreeable to his Majesty's Directions, and suspend those criminal Prosecutions against us, for being Rioters (as we are unjustly denominated) then will our Settlers be orderly and submissive Subjects to Government; but be it known to that despotic Fraternity of Law-Makers, and Law-Breakers, that we will not be fool'd or frighted out of our Property; they have broke over his Majesty's express Prohibitions, in patenting those Lands, and when they act in Conformity to the regal Authority of Great-Britain, it will be soon enough for us to obey them.

It is well known by all wise and sensible Persons in the neighbouring Governments, (that have animadverted on the Controversy) that their pretended Zeal for good order and Government, is fallacious, and that they aim at the Lands and Labours of the Grantees and Settlers aforesaid; and that they subvert the good and wholesome Laws of the Realm, to corroborate with, and bring about their vile and mercenary Purposes.

And in as much as the Malignity of their Disposition towards us, hath flamed to an immeasurable and murderous Degree, they have in their new-fangled Laws, calculated for the Meridian of the New-Hampshire Grants, passed the 9th of March, 1774, so calculated them, as to correspond with the Depravedness of their Minds and Morals; in those Laws they have exhibited their genuine Pictures. The Emblems of their insatiable, avaricious, overbearing, inhuman, barbarous, and blood-guiltiness of Disposition and Intentions is therein portrayed in that transparent Image of themselves, which cannot fail to be a Blot, and an infamous Reproach to them to Posterity.----We cannot suppose that every of his Majesty's Council, or that all the Members of the General Assembly were concern'd and active in passing so bloody and unconstitutional Set of Laws; undoubtedly many of them disapproved thereof; and it is altogether possible, that many that were active in making the Laws, were imposed upon by false Representations, and acted under mistaken Views of doing Honor to Government; but be this as it will it appears that there was a Majority.

And it has been too much the Case with that Government, for a Number of designing Schemers and Land-Jockeys, to rule the same. Let us take a View of their former narrow and circumscribed Boundaries, and how that by Legerdemain, Bribery, and Deceptions of one Sort or other, they have extended their Domain far and wide: they have wrangled with, & encroached on all their neighbouring Governments; they have used all Manner of Deceit and Fraud to accomplish their Designs: Their Tenants groan under their Usury and Oppression; and they have gained, as well as merited, the Disapprobation and Abhorrence of their Neighbours; and the innocent Blood they have already shed, call for Heaven's Vengeance on their guilty Heads; and if they should come forth in Arms against us, thousands of their injured and dissatisfied Neighbours in the several Governments, will join with us, to cut off, and extirpate such an execrable Race, from the Face of the Earth!

This Piece is not supposed to contain a full Answer to the new constructed Set of Laws aforesaid, for such a large Two-Year old, hath never before been seen in America, it being of an enormous and monstrous Birth; nor is it supposed to give the Legislators their full Characters: But so much and a little more may suffice for the Present.

To quote the Laws, and make Remarks thereon, would be Matter sufficient for a Volume: However, we will make a few short Remarks thereon.

I. Negatively, it is not a Law for the Province of New-York in general, but II. Positively, it is a Law but for Part of the Counties of Albany and Charlotte, viz. such Parts thereof as are covered with New-Hampshire Charters, and it is well known those Grants compose but a minor Part of the Inhabitants of the said Province; and we have no representative in that Assembly.

The first Knowledge we had of said Laws was the Completion of them, which informed us that if we assembled three or more of us together to oppose that which they call legal Authority, we shall be adjudged Felons; and suffer the Pains of Death; and that same Fraternity of Plotters knew, as well as we, and the Generality of the People in the adjacent Colonies, that they have for a Number of Years last past, endeavoured to exercise such a Course of that which they call Law, that had they not been opposed by People of these Grants, (called the MOB) in the executing the same, they would before this Time have been in Possession of that Territory, for which the Laws aforesaid are calculated: Therefore the Case stands thus; if we oppose civil Officers in taking Possession of our Farms, we are by these Laws denominated Felons, or if we defend and aid our Neighbours, who have been indicted Rioters only for defending our Property, we are adjudged Felons for that also.

In fine, every Opposition to their monarchial Government is deemed Felony, and at the End of every such Sentence there is the Word Death: And the same Laws further empower the respective Judges, provided any Persons to the Number of three or more, that shall oppose any Magistrate or civil Officer, and are not taken, that after a legal Warning of seventy Days, if they do not come and yield themselves up to certain Officers appointed for the Purpose of securing them; then it shall be lawful for the Judges aforesaid, to award Execution of Death; the same as though he or they had been convicted or attainted before a proper Court of Judicature, &c.-- The candid Reader will doubtless observe, that the diabolical Design of this Law is, to obtain possession of the New-Hampshire Grants, or to make the People that defend them outlaws, and so kill them wherever they can catch them.

Those bloody Lawgivers know we are necessitated to oppose their Execution of Law, where it points directly at Property, or give up our Property; but there is one Thing is Matter of Consolation to us, viz. that printed Sentences of Death will not kill us, when we are at a Distance: and if the Executioners approach us, they will be as likely to fall Victims to Death as we: And that Person, or Country of Persons are Cowards indeed, if they cannot as manfully fight for their Liberty, Property & Life, as Villains can to deprive them thereof.

The New-York Schemers accuse us with many Things, part of which are true, and part are not; with respect to rescuing Prisoners for Debt, it is false: As to assuming judicial Powers, we have not, except a well regulated Combination of the People, to defend their just Rights, may be called so. As to forming ourselves into Military Order, and assuming Military Commands, the New-York Possessors and Military Preparations, Oppressions, &c. obliged us to it: Probably Messrs. Duane, Kemp, and Banyar, of New-York, will not discommend us for so expedient a Preparation; more especially, since the Decrees of the 9th of March, are yet to be put in Execution: And we flatter ourselves, upon Occasion, we can muster as good a Regiment of Marksmen and Scalpers, as America can afford: and we now give the Gentlemen above named, together with Mr. Brush and Col. Tenbroeck, and in fine all the Land-Jobbers of New-York, an Invitation to come and view the Dexterity of our Regiment; and we cannot think of a better Time for that Purpose, than when the Executioners come to kill some, or all of us, by Virtue of the Authority their Judges have lately received, to award and sentence us to Death in our Absence.--There is still one more notable Complaint against us, viz. that we have insulted and menaced several Magistrates, and other civil Officers, so that they dare not execute their respective Functions: this is true, so far as it relates to the Magistrates: But the Public should be informed what the Functions of those Magistrates are: they are commissioned for the sole Purpose of doing us all the Harm and Mischief they possibly can, thro' their Administration and Influence; and that they might be subservient to the wicked Designs of the New-York Schemers, these are their Functions: and the Public need no farther Proof than the Consideration that they are the Tools of those extravagant Law-Makers: and it must be owned, they acted with great Judgment, in choosing the most infernal Instruments for their Purpose.

Draco, the Athenian Law-giver, caused a Number of Laws (in many Respects analogous to those we have been speaking of) to be written in Blood; but our modern Draco's determine to have theirs verified in Blood: They well know we shall more than three, nay more than three times three Thousand, assemble together, if Need be, to maintain our common Cause, 'till His Majesty determines who shall be and remain the Owners of the Land in Contest.

"Wilt not thou possess that which Chemosh thy God giveth thee to possess:" So will we possess that, which the Lord our God (and King) giveth us to possess.

And lastly we address ourselves to the People of the Counties of Albany and Charlotte, which inhabit to the Westward of, and are situated contiguous to the New-Hampshire Grants.---- Gentlemen, Friends and Neighbours, Providence having allotted and fixed the Bounds of our Habitations in the same Vicinity, which together with the free Intercourse of Trade and Commerce, hath formed an almost universal Acquaintance, and Tie of Friendship between us, and hath laid such a Foundation of Knowledge, that your people in general cannot but be sensible that the Title of our Lands is in reality the Bone of Contention; and that as a People, we behave ourselves orderly; and are industrious, and honestly disposed; and pay just Deference to Order and Government; and that we mean no more by that which is called the Mob, but to defend our just Rights, and Properties: We appeal to the Gentlemen Merchants, to inform whether our People in general do not exert themselves to pay their just Debts; and whether ever they have been hindered by the Country's Mob, in the Collection of their Dues; But as the Magistrates, Sheriffs, Under-Sheriffs, Coroners and Constables of the respective Counties that hold their Posts of Honour, and Profit under our bitter Enemies, we have a Jealousy, that some of them may be induced (to recommend themselves to those on whom they are dependant, and for the Wages of unrighteousness offered by Proclamation) to presume to apprehend some of us, or our Friends: We therefore advertise such Officers, and all Persons whatsoever, that we are resolved to inflict immediate Death on whomsoever may attempt the same: and provided, any of us or our Party be taken, and we have not Notice sufficient to relieve them, or whether we relieve them or not, we are resolved to surround such Person or Persons whether at his or their own House or Houses, or any where that we can find him or them, and shoot such Person or Persons dead: And furthermore that we will kill and destroy any Person or Persons whomsoever, that shall presume to be accessory, aiding or assisting in taking any of us as aforesaid; for by these Presents we give any such disposed Person or Persons to understand, that, although they have a Li-
Sentence by the Law aforesaid, to kill us; & an "Indemnification for such Murder from the same Authority; yet they have no Indemnification for so doing from the GREEN-MOUNTAIN-BOYS; for our Lives, Liberties and Properties, are as verily precious to us, as to any of the King's Subjects; and we are as loyal to his Majesty, or his Government, as any Subjects in the Province: But if the Governmental Authority of New-York, will judge in their own Case, and act in Opposition to that of Great-Britain, and insist upon killing us, to take Possession of our Vineyards; come on, we are ready to take a Game of Scalping with them; for our martial Spirits glow with bitter Indignation, and consummate Fury to blast their infernal Projects.

It may be, the Reader, not having seen the Laws referred to in this Piece, and not being thoroughly acquainted with the long and spirited Conflict that hath subsisted between the Claimants under New-Hampshire and New-York, nor of the progressive, arbitrary and monopolizing Disposition of the Court-Party of the Latter of these Provinces; may be apt to imagine that the Spirit of this Writing is too severe, inasmuch as it denounces whoever presumes to take us as Felons or Rioters, to immediate Death.

But let the Wise consider the State of the Case: I. Provided we on our Part be taken, we have by their Laws the Sentence of Death already pronounced against us, on proviso more than three of us assemble together to maintain and defend our Property till his Majesty determine the Controversy. And 2. May it be considered, that the legislative Authority of the Province of New-York had no Right or constitutional Power to make such Laws, and consequently that they are null and void, from the Nature and Energy of the English Constitution: therefore as they merit no Place among the Laws of the Realm of Great-Britain, but are the arbitrary League and combination of our bitter and merciless Enemies, who to obtain our Property, have inhumanly, barbarously and maliciously, under the specious and hypocritical Pretence of legal Authority, and Veneration for Order and Government, have laid a Snare for our Lives. Can the Public censure us for exerting ourselves vigorously to preserve our Lives in so critical a Situation; for by the Laws of the Province into which we are unfortunately fallen, we cannot be protected in either Property or Life, except we give up the first to preserve the latter; so we are resolved to maintain both, or to hazard or lose both,

From hence follows a necessary Inference, that inasmuch as our Property, nay our Lives, cannot be protected, (but manifestly struck at) by the highest Authority of the Province, in which we at present belong, therefore in the Interim, while his Majesty is determining the Controversy, and till he shall interpose his royal Authority, and subject the Authority aforesaid to their Duty, or reannex the District of disputed Lands to the Province of New-Hampshire, or some Way in his great Wisdom and Fatherly Clemency, put the distressed Settlers under New-Hampshire, on an equal Footing with our Brother Subjects in his Realm, we are under a Necessity of resisting 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, 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,

ETHAN ALLEN,
SETH WARNER,
REMEMBER BAKER,
ROBERT COCHRAN,
PELEG SUNDERLAND,
JOHN SMITH.
SILVANUS BROWN.

N. B. Whereas Mr. James Breakenridge hath the Honor to be enroled a Rioter with us we can assure the Public, that this worthy Gentleman hath never been concerned with us in any Mob whatsoever; but that he hath always relied on a good Providence and the regal Authority of Great-Britain, for the Confirmation of the New-Hampshire Charters; Exclusive of any other Measures whatsoever.