USA > Connecticut > New London County > Lebanon > Early Lebanon. An historical address delivered in Lebanon, Conn. > Part 5
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WAR OFFICE.
GOV. TRUMBULL'S HOUSE AND WAR OFFICE.
NOTE-F.
WAR OFFICE .- COUNCIL OF SAFETY.
The house of Gov. Trumbull stood originally, and until 1824, on the north corner of Town street and the Colchester road, on the present site of the Lyman house, and the war office was west and near it, on the Colchester road. In the winter of 1823-4, Solomon Gilbert, who, in 1821, had bought the premises of John Champion, removed both the house and office a few rods further north, to the place where they are shown in the above view, and added the portico to the front
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EARLY LEBANON -APPENDIX.
of the office. The view is taken from a very accurate sketch by Barber, in 1836. The Governor's house still remains there, in good preservation ; but the war office was again removed, in 1844, a few rods further north. where it now stands. In this office, Gov. Trumbull conducted his great commercial business, and through the war of the Revolution, the "Council of Safety," or, War Council of the Colony, held most of its sessions here, and it became, by force of circumstances, not only the Military, but also the Naval Headquarters. of all the land and marine forces of the Colony during that war. Gov. Trumbull, was, by virtue of his office, commander-in-chief of all the land forces: and by special act of the Gen. Assembly, in 1775, he was also made commander-in-chief of all the naval forces ; with power to issue .commissions, grant letters of marque and reprisal, and to establish prize courts. Here also, was one of the chief centers of communica- tion between New England, and the southern colonies, and especially between the northern and southern armies.
COUNCIL OF SAFETY, OR "WAR COUNCIL."
The Gen. Assembly, May Session, 1775, established a Council of Safety, to assist the Governor, in the general conduct of the war, in raising, equipping, and directing the troops; and in supplying "every matter and thing that should be needful for the defense of he Colony". The following gentleman composed this council,* viz .: Hon. Matthew Griswold of Lyme,
* Stuart's Note, p. 203, in his Life of Gov. Trumbull, is an error. The gentlemen therein named, were not the "Council of Safety", but the regular " Council of Assistants," or State Senate. 1
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COUNCIL OF SAFETY.
Dep. Gov .: Eliphalet Dver. Jedediah Elderkin, and Nathaniel Wales, Jr. of Windham : William Williams and Joshua West of Lebanon ; and Jabez Huntington, Samuel Huntington, and Benjamin Huntington, all of Norwich.
This council held its first meeting June 7, 1775, at the War Office in Lebanon, Gov. Trumbull and every member of the council being present. Stuart says [p. 626] that it appears from a memorandum in Gov. Trumbull's hand-writing, that he was personally pres- ent at 913 sessions of this council during the war ; but Hinman, late Secretary of State, in his "War of the Rev- olution," compiled from the State Records and archives in his official custody, states [p. 321], that this council held over 1200 sessions ; and he gives the minutes of the proceedings at 371 sessions, held from June 7, above, to May 6, 1778, the first three years only of the war. Of these sessions, 355, about 96 per cent. of all, were held at Lebanon; 14 at Hartford; and 1 each at New Haven and Norwich. If the same pro- portion of these sessions were held at Lebanon during the war, as is more than probable, there were about 1145 sessions of this great, important, and illustrious council, held under the humble roof of that old War Office, still standing among us ; every rafter, and every shingle which covers it, on all sides, from roof-tree to sill, radiant in memory with the glorious light of our morning of liberty.
The threshold of that humble building, has thrilled to the tread of Washington ; of LaFayette ; of Count Rochambeau ; of the Marquis de Chastellux; of Ba- ron de Montesquieu ; of the Duke de Lauzun; of
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Admiral Tiernay ; of Generals, Sullivan, Knox, Put- nam. Parsons, Spencer : of the fiery Samuel Adams ; of John Adams; of John Jay: of Thomas Jefferson ; and of Benjamin Franklin, (whose recreant son Wil- liam, the tory Governor of New Jersey, was also here, but as a prisoner)-and a host of other high worthies and patriots, bearing messages of fate and destiny ; and taking high council together, in "the days that tried men's souls." There it stands! and there let it stand !- preserved with sacred care at pub- lic charge !- forever set apart from all ignoble or com- mon uses !- a consecrated Memorial ! !
MEETING - HOUSE WAR.
NOTE-G.
MEETING-HOUSE WAR.
There was a long and troublesome controversy, which belongs more properly to the ecclesiastical than the civil history of the town, the seeds of which had their birth at the very first commencement of the set- tlement and continued their disturbing influence for more than a century ; culminating in 1804 in an event that attracted a wide notoriety throughout the State, and which has been animadverted and commented upon, in terms derogatory to the fair fame of the town. But I am fully persuaded that most, or all, of this unfavorable comment, has arisen from a lack of apprehending the whole case, or of misapprehending the main facts and circumstances relating to it, and that a full and fair statement of these facts, will lead to a much more favorable opinion and charitable judg- ment concerning it.
When the settlement of Lebanon was first com- menced in 1697, it was agreed by all the proprietors and settlers, that a broad street, or highway, and com- mon, nearly 30 rods wide (now Town street). should be first laid out, and home-lots of 42 acres each, staked off and allotted upon each side of it; that at or near the center, midway between the south line of their purchase and the most northern of the home lots, a choice lot should be reserved for a minister's lot ; and
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a meeting-house built on the wide highwar and com- mon, nearly in front of the minister's lot, and a few rods distant from it [where the church now stands], and that this location for a meeting-house should be " fixed and established forever"; the object being to prevent any trouble from arising in the future, in con- sequence of new comers, who might so settle in differ- ent parts of the plantation, as to change the then center of population and travel, and therefore desire and claim a removal of the meeting-house to a new location.
In 1700, William Clark and Deacon Josiah Dewey, two of these settlers, bought of Owaneco and others a large tract of land north of the Lebanon " 5 mile pur- chase," and adjoining it, which they desired and pro- posed to annex to the Lebanon plantation. This was objected to by the town street settlers, from a fear that the Clark and Dewey settlers, uniting with some of the more northerly of their own, would soon be clamorous for a removal of the meeting-house nearer to them. To allay this fear, Clark and Dewey agreed to lay out a street for a village, and for a meeting-house thereon, stating that their purchase was large enough for a society by itself, and that the agreement about the location of the town street meeting-house, should never be violated or disturbed. These terms and conditions were satisfactory ; the new tract was annexed to Lebanon, the new street laid out, and a location fixed for a meeting-house upon it; and the place has ever since been known as "the village."
In 1724, the society voted to build a new and larger meeting-house on the old location; but there was so
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MEETING . HOUSE WAR.
much opposition to this vote, that no action was taken upon it ; and when, soon after, in 1727, the society of Goshen was set off from the southwesterly part. the difficulty between the first society and the northerly settlers about the location of their meeting-house, was thereby increased, because this setting off of Goshen society, left the location still further from the common center of population and travel. Application was then made to the General Assembly for relief; and to appoint a committee to fix a location. A committee was appointed in 1731, who, after visiting the place and hearing the parties, fixed the location upon the old spot, as being in accordance with the original agree- ment of the first settlers, that it should remain forever there.
This action of the committee, instead of healing, only intensified the opposition. The northern party denied that the early agreement was of the character of a contract made between two parties, to be legally and forever binding ; but had only the force and char- acter of a vote, and as such, repealable, and should be so held ; that if it was originally binding, its force was broken and ceased after the setting off of Goshen society, for by that act, the contracting parties were no longer existing as one society, but had become two separate and distinct corporations ; and over and above all, they stoutly protested against being compelled to pay their full share of the expense of a building, so distant from them, when they were expecting before long to form a new society and build a meeting-house for themselves.
Upon their application, another meeting of the ) 7
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society was called and held in 1732. at which it was voted, That within 18 years thereafter, but not before 6 years, there should be set off a new society in the northern part, by a dividing line agreed upon and described in the vote ; that until the new society should be so set off, the northern settlers should continue to pay their share towards the building and keeping in repair of a meeting-house on the old site ; that a sepa- rate account of all the moneys so paid by the people north of the line described. should be kept ; and, that when the new society was formed, and had built a meeting-house of their own, all the money so paid by them, should be refunded to them by the old society, to be applied towards the building of their own meeting-house : and that application should be made to the General Assembly, for an act ratifying and confirm- ing this agreement. Application was so made, and the General Assembly, May session, 1732, by a resolve, sanctioned, ratified, and confirmed this agreement.
This restored peace ; the meeting-house was rebuilt upon the old spot, by the united labors, and at the com- mon cost, of all the - parties; the rate-book and the amounts paid by the northern parties were kept sep- arate and recorded in the society records, and all con- tinued in harmony until 1767, a period of 35 years, although no action had been taken to form a new society, as proposed. At that time, 1767, some repairs had become necessary ; and at the request of the northern people, a meeting of the society was called to ascertain whether the society would then, in case a new society was formed within a reasonable time, agree to repay the moneys which they, the
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MEETING - HOUSE WAR.
northern people, had heretofore paid under the old agreement. The society voted, that if the " village " people would procure an act of incorporation as a society, within a reasonable time, the old society would so pay back the money advanced, in an equal term of time with that in which they had made the advance- ments.
No steps, however, were taken under this vote by either party, either to establish the new society. or to repay the advancements made ; doubts arising, whether from the fact that the 18 years fixed and sanctioned by the General Assembly (in 1732), as the limit in which the original agreement was to have been com- plied with, had long since expired, the new vote (of 1767) would be legally binding, and might not be revoked, at any future meeting of the society. This vexed question was agitated, and the old trouble con- tinued until June, 1772, when a society meeting was called at the request of the village people, at which it was voted, by a majority of two, to take down the meeting-house, and to rebuild it further north at the then new center of population and travel, including the village as a part; many of the southern people uniting with the northern, in favor of this vote.
Immediately upon this, a large number of the southern inhabitants, united in a petition to the General Assem- bly, for its further interposition; and at the October session, 1772, a committee was appointed to enquire into the facts and report their opinion. At the May session the committee reported, that after hearing the parties, they found-
" That there was an ancient agreement that the
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meeting-house should stand upon Meeting-House Hill, where it now stands : that this agreement was entered into for good reasons, and had its influence from the beginning, and ought to be held sacred and inviolable : that in ancient times it was expected that there would be a new society in the northern part, called the village from the beginning; and a line had been kept up between the old and new proposed societies ; that when the present meeting-house was built, the place was fixed under the ancient agreement, and with views and prospects of such new society's being formed in a future time ; that provisions were made to reimburse the people living northerly, what they should pay towards the building of it; that it should be and remain where it is now, according to ancient agree- ment, and be kept in good repair at the expense of the whole society ; and that when the village people should be set off a distinct society, they ought to be repaid the sums advanced by them for building and repairing the meeting-house."
The General Assembly approved the report, fixed the location on the same old place, and provided that it should be kept in repair at the cost of the whole society ; and that if the village people should form a new society, within five years thereafter, the old society should refund to them all the money which they had already advanced in the past, towards build- ing, or which they should thereafter advance towards repairing the old society meeting-house.
But still no further action was taken by the society, or by either party. The General Assembly had not in its last resolution, confirmed and made binding the last vote of the society, passed in 1767, agreeing to refund the money ; nor re-affirmed and extended the terms of, and time limited, in their former resolve in
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MEETING - HOUSE WAR.
May session, 1732, ratifying the vote of the society at that time passed upon the subject; and doubts still remained, whether the vote of the society of 1767, or any other vote of the society, was legally so binding and final, as to be beyond the power of repeal and revocation, at any time, by a major vote of the society. In this state of uncertainty, the village people, feeling themselves too weak to build alone, without the aid of the certain return to them of their former advance- ments, took no steps towards being set off; and so the whole subject remained in tolerable quietness until 1802.
At that time, 1802, the meeting-house again needed repairs, and at a meeting called to consider it, a vote was passed, by a majority present, refusing to repair it. Several of the southern inhabitants thereupon again presented a memorial to the General Assembly, at the October session, 1802, reciting the above facts and doings, and asking some relief; whereupon, after hearing, the Assembly passed a very singular and peculiar resolve. It authorized and empowered the inhabitants south of the line proposed as a dividing line for a new society, to tax themselves, for the repairs of the meeting-house, and to call meetings; choose certain officers ; and to lay and collect taxes, for such purpose, and to make future repairs; exempting, all the inhabitants north of the line, from any liability for such taxes or repairs; but making no division or set-off, and consequently, impairing none of the legal rights, privileges, or franchises, which the village people held in common with all others, of the whole society. 1 7*
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EARLY LEBANON -APPENDIX.
Under this resolve the southern voters met. taxed themselves, raising therefrom about 8600, appointed a committee, and expended the sum raised in repairs.
But this did not settle the difficulty. And now commenced a more general and serious agitation than ever. At a meeting of the society, legally warned and held March 27, 1804. it was voted,-by 75 yeas to 39 nays,-upon a proposition then made by Daniel Til- den, Israel Loomis, John Dewey, Samuel Bailey, and John Haywood, acting as a committee,-
"That the society would relinquish all its right and interest in the meeting-house, and consent that the materials thereof should be used in the construction of a new one ; upon conditions, that the said Tilden and others, as committee, would give sufficient bonds, that they would build a good, commodious meeting- house, for the use of the society, [at a place about 1 mile northerly] at or near the then center of the whole society, within one year from the first day of April next, at their own sole expense, and give full title thereto to the society, without any cost ; and that the people living north of said center, would fund their proportion for the support of the ministry for- ever."
The terms of this vote were accepted, on their part, by the Tilden committee, and they thereupon executed a bond, in the penal sum of $10,000, signed by all of the committee, conditioned for the faithful perform- ance of the contract. This bond was accepted by the society, and lodged with its clerk ; and twenty days after, on the 16th of April, 1804, the contractors, with a force of workmen, began, peaceably, to take down the old building, in order to use its materials in the construction of a new one. But the sight of the de-
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MEETING - HOUSE WAR.
molition of this long-loved structure, and its removal from the cherished spot for a century held sacred under the ancient agreement, deeply stirred the feel- ings of the southern people, and the whole society was soon in commotion. A large crowd assembled from every quarter, with mingled emotions of grief and anger so highly excited, as to forebode actual violence.
To prevent the progress of the work, writs were obtained from the local justices, and several of the workmen were arrested and held under bonds; and thereby, the work was interrupted and for that day sus- pended ; but on the 27th a larger force was employed, and again a still larger crowd gathered. To protect the contractors and their workmen, retaliatory or counter writs were obtained from other local justices, and arrests were made of those interfering, or in any way instigating interference, with the contractors or their workmen. These counter measures, enabled the contractors to complete, during this day, the taking down- of the building. But this war of writs and counter writs, and the arrests made under them, had only exasperated and intensified the popular feeling, and added fuel to the flame. Doubtless these writs, though in the forms of law, were an abuse of civil process, and a perversion of its purposes. It was " sharp practice," resorted to in anger, by both par- ties, and only to obstruct and harass each other. It was an unseemly strife; but it was a strife under the forms, at least, of law ; it was a war of writs and legal processes, on both sides, and however exasperating, no resistance was made to these arrests, so far as it appears. in a single instance. All held in sacred regard the symbols and mandates of the law.
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EARLY LEBANON -APPENDIX.
Men of high standing and influence were thus arrested upon both sides, among them the Hon. Wm. Williams. one of the signers of the immortal Declara- tion of Independence, and, it is said, at that very time a judge of the county court, then orer seventy years old, and infinitely more venerable, throughout the whole land, for his distinguished honors than for his years. Look at him! A town constable approaches him, taps him on the shoulder, arrests him as a prisoner, marches him off a mile, places him under a keeper, and holds him all day in custody, without the privilege of bail-prize, and the brave old man, whose fiery patriotism so flashed out in the dark days of the Revolution, yielding to all this, with the quiet submis- sion of a lamb, because of his high sense of LOYALTY TO LAW! Why, the whole scene would be sublime, if it were not at the same time so supremely ridiculous, as to excite our irrepressible laughter. But there was no spirit of laughter there that day, in that angry crowd.
And now came the crisis. One party determined, at all hazards, to remove the materials and proceed in the rebuilding on the new site north, and the other party as firmly determined, at all hazards, to prevent it. The local authorities were powerless to restrain them, for they were themselves divided, some taking one side and some the other, as partisans, and as strongly excited, and as active participants in the struggle, as the parties themselves ; and mingled with all this, as a disturbing element, fierce political feuds and animosities now showed their baneful influence. For it must be remembered that the bitter political
MEETING . HOUSE WAR.
war between the old " stalwart " federalists. and the " fierce democracy " under Jefferson's administration, was at this very time at its whitest heat.
To allay this excitement, and to prevent it from breaking forth into acts of lawless personal violence, beyond the power of control by the civil authorities, as was now threatening and imminently impending, the men of high character and influence, upon both sides, now came forward and strongly counseled for- bearance, and a resort for a peaceful solution of all the great questions in controversy, to the high judicial tribunals of the State. These wise counsels happily prevailed. Suits, in trespass, were immediately brought to the Superior Court, by Eliphalet Metcalf and others of the southern party, against Daniel Tilden and others of the northern party, for damages by demolishing the meeting-house ; and all became quiet, awaiting peace- fully, the final determination of the long-standing con- troversy, by due course of law.
In the trial of the cause before the Superior Court, the whole history of the controversy, from the begin- ning of the settlement in 1697, as herein narrated, together with certified copies of all the votes and trans- actions of the society pertaining thereto, and a copy also of the penal bond, of Tilden and others, given to the society for the enforcement of their building contract, were fully presented to the court, and admitted by both parties ; and the only issues were, the questions of law and equity arising upon these facts. Many issues were raised, but the great question involved, and upon which the whole case turned, was, whether the " ancient agreement" fixing forever the location of the meeting-
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house at the place then established, was still valid and irrevocable, by any vote of the society, however large the majority; for, if that agreement was found to remain irrevocable, then the vote of the society to change the location was null and void, and all action under it was without authority and a trespass. But if, on the other hand, that agreement was revocable by a major vote of the society, then the action of the parties, under the authority of such vote, was lawful and justifiable.
Upon a full hearing of the whole case, the Superior Court found the issue for the plaintiffs, Metcalf and others ; thus affirming the valid existence of the ancient agreement. On a further hearing in damages, another great question arose ; whether the resolve of the Gen- eral Assembly of 1802, authorizing a part of the society, to tax themselves and repair the meeting-house, gave that part, by itself, a right to sue and recover, in tres- pass, for taking down the building under the authority of a major vote of the whole society ; the building being the common property of all. The court found this issue also for the plaintiffs, Metcalf and others, and awarded that they should recover of the defendants, Tilden and others, the sum of $2,300 damages.
A bill of exceptions was thereupon filed by the defendants, and the case came, by writ of error, to the June term, 1806, of the Supreme Court of Errors, at Hartford; the court consisting of two judges and twelve assistant judges, " His Excellency Jonathan Trumbull of Lebanon, Governor," being " Chief Judge." The whole case, from the beginning, with all the documents, was again presented, and upon a full hearing, the court
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MEETING - HOUSE WAR.
affirmed the judgment of the Superior Court, upon both issues. against Tilden and others :# and this decision ended forever, this long and troublesome controversy. All the parties gracefully submitted, though applica- tion was made to the General Assembly, and granted. for a division of the society by the old line, as form- erly proposed. The society rebuilt the house upon the old ground, and has ever since remained at peace ; but as was inevitable from the nature of the controversy, some personal alienations and animosities continued to show their unpleasant influence for many years.
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