The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1894-02-16
VERMONT COURTS.

Our readers will be interested in
couple of excerpts taken from the col
umns of The Green Bag by Judge Rus
sell S. Taft of the Supreme Court of Yer
mont:
Prior to the Revolutionary war thu
present State of Vermont was included
in the limits Of the province of New
York, the Connecticut river forming thu
eastern boundary. At the time of the
conquest of Canada in 1850 the only white
settlements in the State were the siS
towns bordering on the Connecticut
north of the Massachusetts line, and the
number of the settlers was probably
about three hundred. After the termi
nation of the French war and the treaty
OF Paris, by which Canada passed under
the control of the English, settlements
were soon made as far north as the val
ley of the Winooski west of the Green
Mountains, and Essex county in the east
erly part of the state.
In 1863, before any attempt was made
to organize any county within the pres
ent limits of the state, Lieutenant Gov
ernOr Golden issued proclamation com
manding ''all Judges, justices and other
civil officers holding commissions under
New York ito exel else jurisdiction in
their respective functions as far as to the
banks of the Connecticut river" That
1T was difficult to execute process, if any
issued, is apparent from the petitions for
new county, in which is stated "there
can be no passing from the Connecticut
river to Albany without going through
the province of Massachusetts Bay; and
as soon as the officer gets across the line
OF the province, his office leaves him, and
the delinquent makes his escape"
Many justices of the peace were APP
pointed, but their precepts could not be
served, for the reason stated. A meeting
OF the justices of the peace and quorum
was held at Rockingham in February,
ITO, and constables were appointed for
some OF the towns Ii required guard
OF a dozen men to convey safely pris-
oner or debtor through the woods and
over the mountains to the Jail at Albany.
The whole of Vermont was nominally
within the limits of Albany county; but
it being impossible to execute the process
OF its courts on the easterly side of the
mountains, Cumberland and Gloucester
counties were organized in that part of
the province in 1865 and ITO respectively.
After the latter year Albany County en-
braced only the territory in VermonJ
west of the mountains. At this time
Dune, ITO, suits in ejectment against
the settlers toTecover lands in and near
Bennington were brought to trial at Al
bany. Ethan Allen was appointed by
the settlers as an agent to defend the
suits. He obtained copies of the ROYAL
orders and instructions, by virtue of
which Gov. Wentworth of New Hamp-
shire had made grants ard given patents
of the lands in question. and EMPLOYED
Mr.. Jared Ingersoll, an eminent barrister
of Connecticut, to appear for the settlers.
Upon trial the orders and Instructions
were excluded as evidence, and iudg-
ments passed for the plaintiffs. Mr.
Kemp, the Kings attorney, observed to
Mr. Allen that the people should be adj
Vised to make the best terms possible
with their landlords, for might often
prevailed against right" when Allen
made his noted reply that The gods Of
the valleys are not gods of the hills"
Mr.. Kemp asked for an explanation; and
Allen replied, that, if he would accom-
pany him to Bennington the phrase
should be explained. Failing to obtain
redress in the courts on Mr.. Aliens re-
turn to Bennington the "Vermontese'
met and resolved to defend their rights
by force; and under his leadership asso-
Citations were formed for the purpose of
resisting the officers. A military organ
ization was effected. with Mr.. Allen as
colonelIcommandant; and in the yigor.