Historical records of the town of Cornwall, Litchfield County, Connecticut;, Part 21

Author: Gold, Theodore Sedgwick, 1818-1906, ed
Publication date: 1904
Publisher: [Hartford, Conn.] The Case, Lockwood & Brainard company
Number of Pages: 594


USA > Connecticut > Litchfield County > Cornwall > Historical records of the town of Cornwall, Litchfield County, Connecticut; > Part 21


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That an allowance of one bushel of wheat, or five pecks of meslin, or one bushel and a half of rye, or two bushels of Indian corn, or flour or meal equivalent, shall be reserved in the hands of the possessors, for each person in their families per month respectively, until the twenty- ninth day of August next, for their subsistence. And such owners and possessors of such grain, flour and meal on hand on said twenty-ninth day of April, more than the aforesaid allowance, for their families use for the time aforesaid, shall stand accountable to the Select-Men of their respective towns for the same, and not dispose thereof, unless to the Continental or State Commissaries, or to such persons as by a certificate of the town-clerk, or in his absence, of any one of the select-men of the town where they dwell, appear to be deficient of the quantity of such grain, flour and meal, for support of their respective families, as also the quantity that is necessary for that purpose, until the first day of August aforesaid. And whoever shall otherwise dispose of the same, or any part thereof, or shall refuse to render an account thereof to the select-men when required, shall forfeit the value of all such grain, flour and meal, refused to be disposed of or accounted for as aforesaid; one half thereof to the town treasurer of the town, where such grain is found, and the other half to him who shall sue for, and prosecute the same to effect, in any court proper to try the same.


And in case any owner or possessor of any such grain, flour or meal, more than is wanted for his own family, by the allowance aforesaid, will


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not sell to any continental or state commissary, or his agent, at a reason- able price, such commissary or agent may immediately apply to an as- sistant or justice of peace, who shall grant a warrant directed to any proper person, to enter any house or store, and seize and take from such refusing owner or possessor, all such grain, flour and meal, in his or her hands, over and above the allowance made by this act, and deliver the same to such commissary, taking a true account thereof, to be laid before the General Assembly, to be considered and allowed as they shall judge just and reasonable ; and such commissary shall thereupon pay for the same accordingly.


And any person who shall be in want of any such grain, flour or meal as aforesaid for his families use, may take a certificate from the town- clerk, or in his absence from any one of the select-men of said town where he belongs, of the quantity in which he is deficient, which shall be a sufficient warrant to him to purchase the quantity therein specified, on the back of which certificate, shall be endorsed the quantity of grain purchased, and of whom, and shall be returned to the town-clerk, and such persons receipt left with him, of whom he shall purchase, shall be good accounting, by the seller, for such quantity of grain sold as afore- said. And whenever any such certificate shall be given by any select- man as aforesaid, he shall forthwith lodge a memorandum thereof, in the town-clerks office; and the select-men of any town deficient in supplies of such grain or meal as aforesaid, may take a certificate from their town- clerk of their deficiency, and the same shall be a warrant to them, to purchase of such persons and in such town, as have to spare, and cause the same to be disposed of to such persons as are deficient therein, and shall have power to transport the same by the most convenient carriage, to their own towns, giving bond to the treasurer of the town from whence transported, in double the value of the grain, flour and meal by them so transported, to be forfeited to and for the use of such town, in case the whole of such grain, flour and meal be not disposed of for the purpose aforesaid.


And be it further enacted by the Authority aforesaid, That when any purchasing commissary, for the continent or state, shall have occasion for rum, molasses, sugar, coffee, or other supplies and refreshments, necessary for the continental or state troops, and cannot purchase the same, at a reasonable price, of such person or persons as may have the same on hand, such commissary shall make information thereof, as also whose hands such articles are in, to any assistant and justice of the peace, or to any two justices of the peace, who shall consider thereof, and it they judge it reasonable, shall grant a warrant, directed to some proper officer, to enter any house or store, seize and take such quantity as they shall judge sufficient, and deliver the same to such commissary, taking his receipt, and a true account thereof, and such warrant shall be returned to the authority granting the same by such officer with his doings, and a list of the goods taken and delivered by virtne thercof, truely indorsed thereon, and an account of such goods, with the expence of seizing and delivering the same as aforesaid, shall be laid before the General Assem- bly as soon as may be, to be adjusted and allowed as they shall judge just and reasonable, and snch commissary shall pay for the same ac- cordingly.


And be it further enacted by the Authority aforesaid, That it shall be, and is hereby enjoined on the commissaries, and all other persons what- soever, to stop, take, and scize all such grain, flour or meal, as they shall find in the hands of any person or persons, conveying or transporting the same, by land or water, out of this state, without a special permit


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from the General Assembly therefor, or from his Excellency the Governor and Council of Safety, and the same being so seized and stopped, shall be reported, with the facts and circumstances attending the same, to his Excellency the Governor, and Council of Safety, and be liable to such orders and directions as they shall give thereon, any law of this state notwithstanding. Provided nevertheless, That nothing in this act shall be construed to prohibit any licenced tavern-keeper, or victualler, from purchasing, or retaining in his or her possession, such supplies as the select-men shall judge necessary for the use of his or her tavern. Pro- vided also, that masters and owners of vessels, may purchase such neces- sary stores for the use of such vessels, having regard to the number of men, and the length of the voyage intended, as his Excellency the Gov- ernor and his Council of Safety shall allow, and grant them a licence to purchase for that purpose.


And be it further enacted by the Authority aforesaid, That if the select- men, in any town in this state, or any of them, shall neglect or refuse his or their duty, in executing the trust reposed in them by virtue of this aet, each select-man, so neglecting or refusing, shall forfeit as a penalty, to the treasury of this state, the sum of one hundred pounds, lawful money, to and for the use of this state; to be recovered by bill, plaint, or infor- mation, in any court proper to try the same. And the select-men and town-clerk of each town shall be allowed a meet reward for their services, by their respective towns. And this act shall be and remain in full force until the first day of August next, and no longer.


And all suits that may then be depending for the breach of this act, may be pursued thereon to final judgment and execution. And the form in which said returns shall be made from the select-men to the town-clerk, and from the town clerk to his Excellency the Governor, shall be as follows, viz. :


A true Copy of Record,


Examin'd, by GEORGE WYLLYS, Secretary.


-


GEN. JOHN SEDGWICK.


Gen. John Sedgwick was an officer in the War of the Revolu- tion. He was superseded by Col. Heman Swift, which offended him to such a degree that he resigned his commission and retired from the army. He was a brave and good officer. For many years he represented the town in the legislature. Although his early education was defective, his natural good sense enabled him to discharge the various duties of public and private life in which he was actively engaged in a very creditable manner. As a magis- trate he was remarkable in leading contending parties to an amic- able settlement. For many years he discharged the duties of School Visitor. To the scholars whom he inspected General Sedg- wick was always an object of much interest. His stalwart form, shaggy eyebrows, with the frank, familiar, and kind manner with which he was accustomed to address them, attracted their atten- tion, won their confidence and esteem to the highest degree, and


GEN. JOHN SEDGWICK. Born 1742. Died August 18, 1820.


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many a little fellow, for the first time, was induced to commence on a course of honorable manhood by his kindly persuasiveness and appropriate suggestions which flowed out of his large heart and superior mind. General Sedgwick was a man of piety. His passions were naturally strong, but, subdued by moral principle, and guided by an excellent understanding, made him one of the kindest of men in all the social relations of life.


A true friend, kind and affectionate in manner, a peace-maker, and given to hospitality, his memory will be cherished with vene- ration by all who had the pleasure of his acquaintance. As in stat- ure and physical strength he excelled his fellows, in moral quali- ties he was equally unrivaled. He died at the age of seventy- seven years, and his remains repose with those of the other mem- bers of his family in the old Cornwall Hollow Cemetery.


Anecdotes illustrating his Herculean strength and resolute cour- age are abundant. One of his oxen once slipping from the yoke left the half-loaded cart in the mire. He took the place of the ox at the yoke, saying, " I will have it go; whip up that other ox,"_ and it went. Hunting bears on the back side of Cream Hill-the bear came out of the cleft in the rock where he watched, and astride him he rode some ways down the mountain before the bear was subdued.


His energy at the time of Shays's Rebellion, in 1787, saved our county from participation in the affair.


SHAYS'S REBELLION.


Theo. Sedgwick of Great Barrington, wrote under date of May 13, 1787, to his brother Col. John Sedgwick of Cornwall, Conn., that the followers of Shays were depending on much assistance from New York, Vermont, and Connecticut, and especially boasted of receiving aid from Sharon and vicinity, and he asks if there is no power in Connecticut to stop these scoundrels.


Thereupon (the same day, May 13th) Col. John Sedgwick issued orders to his regiment, the 14th Militia, to hold themselves in readi- ness to march at a moment's notice to prevent all disturbances; that in no case must citizens be allowed to assist the rebels of Mas- sachusetts, and orders Parsons and Day to be arrested, who are leaders.


He appears also to have informed Gen. Heman Swift of the facts, who investigated the matter so promptly as to be able to write to Gov. Huntington, at Hartford, May 15th, to this effect: That


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Col. Sedgwick had acted as above in order to let the disturbers of the peace know that their plans are discovered; that many men, particularly in Sharon and Norfolk, had formed connection with Shays; that one Mitchell is employed in that service in Sharon; that he (Swift) had just sent a "man of sagacity and prudence " to Sharon, who had approached Mitchell and made him believe he was friendly, and Mitchell disclosed to him his whole plan of ope- rations, and said he had enlisted 100 men in Sharon as minute men, to support Shays, who were now completely equipped and ready to march at the shortest notice, but the whole organization was secret; that Drs. Hurlburt and Barns were Mitchell's advisers, who were insurgents from Berkshire, and had fled from justice there, and were harbored in Sharon; also, that one Captain Tanner from Spencertown, N. Y., had been publicly forwarding recruiting in Sharon, and that the disaffected people in Berkshire were con- stantly passing and repassing to and from Sharon. Swift says he had been obliged to act in secret, for the movement was very popu- lar, and he was regarded as "a speckled bird " for opposing it.


The Governor laid this at once before the Assembly, who ordered Col. Canfield to come at once, and gave him authority to arrest Mitchell, Tanner, Hurlburt, Barns, and such others as should be thought necessary, and the governor was authorized to order Gen. Swift to call out some or all the militia under his control, if necessary, to stop the insurrection and prevent their joining the Massachusetts insurgents.


Canfield acted so promptly and carefully as to be able to get to Sharon and make the arrests and put those men in jail before they knew any design to that effect was on foot.


This from State Archives at Hartford, in State Library.


COL. ETHAN ALLEN.


Ethan Allen was the son of Daniel Allen, who resided in Corn- wall, and though it does not appear that Col. Allen was born here, yet most of his boyhood was spent here, and we rightly claim some share in the honor which attaches to his name. The resi- dence of his father was on the corner south of the North Corn- wall Church, a large old house torn down about 1830. Many sto- ries are told of his youthful spirit, indicating the man of firm resolve and undaunted purpose.


Colonel Allen held a commission in the army, and by his bold daring and laconic demand obtained the surrender of Ticonderoga


.


,


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and Crown Point. He was afterwards taken prisoner and sent to England, where he was for some time confined in the Tower of London. The British found him such a difficult case to manage on account of the influence he exerted over the masses of the English metropolis, by communications which he made and con- trived to send out, though kept closely confined in prison, that they desired to send him back to America. He wore the same Continental uniform through the whole period of his imprisonment in England which he had worn in the American service. Of course it was in a soiled and dilapidated condition-on which no "busy housewife " had " plied her evening care" for many a long month. But this circumstance did not break down the spirit of Allen. He was sent under the charge of a hard and cruel officer, who treated him with the greatest severity. He was not allowed to come on deck in presence of the British officers. The ship in which he sailed had occasion to put into a port in Ireland, and when it became noised about that Colonel Ethan Allen was aboard-he who was the famous champion of American liberty-the great Irish heart, which then, as now, beat in unison with his in the cause of freedom, and in opposition to British tyranny, rallied around him, much to the annoyance of the officers who had him in charge. They pre- sented Colonel Allen with a new uniform, many articles for his comfort, of nice luxuries, and a purse of fifty guineas. The luxu- ries were distributed among the ship's crew by the captain. The purse of gold was nobly declined by Colonel Allen. The uniform he too plainly needed to decline.


GEN. HEMAN SWIFT.


Gen. Heman Swift came from Kent, about the year 1764-5, and settled on the road from Sharon to Warren and Litchfield, about half a mile southeast up the hill from the residence of his son, the late Rufus Swift, Esq. His mind was strong, and he pos- sessed an uncommonly sound judgment, for which he was much more distinguished than for brilliancy of imagination. He was also distinguished for firmness and decision of character. He was a man of strict integrity. Early in life he was selected by his fel- low-citizens for public service, both in a military and civil capacity. He was an officer in the old French war, and in the Continental army, having received a colonel's commission over Major John Sedgwick, which circumstance created a momentary excitement, and the major resigned his commission and retired from the army.


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But this breach of good feeling did not long continue. Colonel Heman Swift continued in active service during most of the War of the Revolution. He was a personal friend of Washington, by whom he was held in high esteem.


Colonel Swift's early education was very limited. This circum- stance prevented the attainment of as high a position as otherwise he might have occupied. He was for many years after the close of the war a member of the Upper House in the State Legisla- ture. He possessed a noble personal appearance, and during the later period of his life bore the title of General. He died Novem- ber, 1814.


Colony of Connecticut. S


THOMAS FITCH, EsQ. ;


Captain-General and Governor-in-Chief in and over His Majesty's English Colony of CONNECTICUT, in New-England in America.


To HEMAN SWIFT, GENTLEMAN, Greeting :


By Virtue of the Power & Authority to me given, in & by the Royal Charter, to the Governor & Company of the said Colony, under the Great Seal of England, I do by these presents, reposing especial trust & confi- dence in your Loyalty & Courage & good Conduct, constitute and appoint you the said Heman Swift to be first Lieutenant of the ninth Company in a Regiment of Foot, raised within this Colony for invading Canada, and carrying the War into the Heart of the Enemies Posses- sions ; & to proceed therein under the Supreme Command of His Majesty's Commander-in-Chief in North America, of which Regiment David Wooster, Esq., is Colonel. You are therefore carefully and dili- gently to discharge the Duty of a Lieutenant in leading, ordering, and exercising said company in Arms, both inferior Officers & Soldiers, in the service aforesaid, to keep them in good Order and Discipline ; hereby com- manding them to obey yon, as their Lieutenant, and yourself to observe follow such Orders & Instructions, as you shall from Time to Time receive from Me, or the Commander-in-Chief of the said Colony, for the Time being, or other your superior Officers, according to the Rules & Discipline of War, pursuant to the Trust reposed in you.


Given under my hand & the public of the said Colony at Norwalk, the Twenty-seventh day of March, in the Thirty- first Year of the Reign of his Majesty King George the Second. Annoque Domini, 1758.


By His Honor's Command,


GEORGE WYLLYS, Sect. THOS. FITCII.


CAPTAIN JOHN JEFFERS.


This name in the early records of the town was called Jeffrey. Whoever was acquainted with the people of Cornwall fifty or sixty years ago will recollect an old Revolutionary soldier by the name of Captain John Jeffers. He had served faithfully in the Conti-


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nental army against the British and Indians. The rough pursuits of a large share of his life, and the times in which he lived, had given him a peculiar style of manner, and made their impress indelibly upon his moral sensibilities. He was naturally brave, ardent, and of strong passions. After the war had closed he retired to private life, and abstained from any business engage- ments except as teacher of a district school. He taught in the dis- trict north of Cream Hill for at least two winters. As a teacher, Captain Jeffers, accustomed as he had been to the arbitrary rules of a military life, was severe in the government of his school-dif- fering widely from that modern tender-footed class who advocate the no-whipping and anti-corporeal punishment system, and believe that Solomon was not a very wise man in comparison with many in our day.


The military company which was under Jeffer's command, and which he often led to perform feats of valor, received the gentle appellation of " Hell Hounds." He was accustomed to spend most of his time in visiting the various families about the town, who were always happy to entertain an old soldier, give him the best seat at the board and the fireside, and to promote his happi- ness in every possible way. His genial manners, large stores of information, and free conversational powers, made his company usually agreeable and interesting. His vices, for he had some, "leaned to virtue's side," and were the inseparable accompany- ments of the camp and battle-field, where he had passed so many years.


Captain Jeffers was never married. When in 1812 war was declared by the United States against England, Jeffers made application to a distinguished member of Congress for a Brigadier- General's commission in the army; but this request was not granted.


Soon after this he was taken with a fever at the house of Mr. Timothy Johnson, and after a few days' illness died. His death occurred in the early part of May, 1813. His grave is in the old South Cornwall cemetery.


He was the son of John Jeffrey and Mary Howland. He was born 5th of June, 1761, being at the time of his death nearly 52 years of age. His birthplace, and where his father's family resided, was the farm owned and occupied by the late Hawley Reed, now that of Barnett Johnson, in Cornwall Hollow.


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HON. OLIVER BURNHAM.


Few, if any, of the distinguished men who have borne an active part in the transactions of Cornwall since its first settlement, would rank before the Hon. Oliver Burnham, whose late residence still remains, though in a dilapidated condition, about a quarter of a mile south of the North Cornwall Church. His father, at the time of his death, was a resident of Cream Hill. The son Oliver served, while very young, as a soldier in the Army of the Revolu- tion, and in consequence of a wound produced at that time he received a small annuity from the government. He occupied the place of County Surveyor for many years. For twenty or twen- ty-five years he represented the town in the General Assembly, usually in the House of Representatives, and served one term in the Senate. He held the office of magistrate until exempted by age, and served a short time as judge of the county court.


When in middle life he was distinguished by the beauty of his personal appearance. His manly form, dark eyes, regular features, which were usually enlivened by a smile and a strong intellectual expression whenever addressing another, was in no ordinary degree interesting and agreeable. A mind naturally vigorous had been much improved by his long course of public life, and his varied stores of knowledge, thus acquired, enriched his conversational powers, which gave a charm to his society possessed by very few men of the age in which he lived.


He was a native of Farmington, and born on November 11, 1760. When he was fifteen years of age, he enlisted as a soldier in the regiment of Col. Willis, and went, in December, 1875, to join Gen. Washington's army, then near Boston. When the Brit- ish evacuated Boston and removed to New York, the army of Washington soon followed them. Young Burnham was in the desperate and disastrous battle on the west end of Long Island, at Flatbush; many were killed, and others taken prisoners. The prompt withdrawal of the American army by Washington during a dense fog perhaps saved the cause in which he was engaged from total failure.


When in New York, young Burnham was removed from his regiment to a battalion of rangers, commanded by Col. Knowl- ton, and was near Harlem when the army of Gen. Washington left New York. Knowlton was ordered to take one hundred and twenty men and reconnoiter a large body of the British on Harlem


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Heights, and bring them down to a certain ground, more favor- able to the attack of the Americans. They went on until the enemy fired upon them, when Knowlton's men fired, and after giv- ing the enemy nine rounds, rapidly retreated and concealed them- selves behind a stone wall. The British came on, and when within about ten rods of the wall Knowlton's men fired upon them. Thirty were killed or wounded of the Americans, and many more of the British. Knowlton, before he could reach the main army, being pursued by the enemy, was mortally wounded. At this juncture the American army attacked the enemy in large force, and after a severe battle of four or five hours, the enemy were driven back, leaving many dead and wounded on the field. Gen. Washington gave his thanks to this brave body for their success, and they were ordered to the rear for a season of rest.


After this, the corps to which Burnham belonged, under the command of Maj. Coburn, was placed between the two armies- a post of danger, but one of honor also-the place of the greatest hazard is best suited for the brave. In a skirmish which ensued on Harlem Plain, Maj. Coburn was wounded, and in consequence resigned his command, and a Capt. Pope took his place.


On the 16th of the following November, the enemy came out in full force and attacked the Americans on every side. The battle lasted during most of the day and resulted in young Burnham, with many others, being taken prisoners of war. He was taken to New York with his associates. They were confined in a barn for two or three days, and then in the old Dutch Church. For the first four days after Burnham's captivity, he tasted no food nor saw any but some sea biscuit, which were devoured before he could obtain any.




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