USA > Massachusetts > Worcester County > Spencer > Historical sketches relating to Spencer, Mass., Volume IV > Part 17
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"November 19, 1785, Commonwealth of Massachusetts. To the Honorable the Senate and House of Representatives in General Court assembled :
The petition of the inhabitants of the Town of Spencer at a legal town meeting assembled the 16th day of November, 1785, most humbly showeth, That your petitioners being deeply impressed and sensibly touched with the present scarcity of a circulating medium and as we understand there is a large demand made by Congress upon the several states in the union for money, as also we expect a heavy tax will be laid upon the inhabitants of this Commonwealth in the present sessions of the court, together, we as well as others, are in arrears for past taxes with a heavy debt contracted by the town for hiring men and providing beef for the army in the course of the war, which are not yet discharged, beside private contracts between one and another and both public and private debts being called for by those to whom they are due and nothing but cash will answer the demands and that we have not nor is it to be had. Stocks and produce we have to spare, but that will not pay our debts until it is sold at the post and then it comes to very little. In the most disagreeable situation therefore we find ourselves in these distressing circumstances. We have no where to look for relief but our wise and judicious legis- lature whom we hope are able and we doubt not they are wil- ling to help in this general calamity. Your petitioners there- fore humbly pray that your honors would take the matter into serious consideration and point out some way whereby the distress of the people may be relieved, either by making a
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bank of paper money to pass in all payments equal to silver and gold or by making real and personal estate of all kinds a tender in discharge of debts at an appraisement that the debtor may not have his property taken from him for less than half the value thereof as it often is the case by being sold at the post or in some other way, which you in your wisdom you shall think just and equitable and as in duty bound shall ever pray."
The town by this time was in such straitened circumstances that it appears to have been unable to meet its financial obli- gations. Suits were brought, defaults made, executions levied. The condition of affairs certainly was a serious one. A record of one case on which execution was ordered by the court is as follows :
"Elisha Prouty# of Rutland in the County of Worcester husbandman, plaintiff vs. the inhabitants of the town of Spen- cer in the same county defendants.
"In a plea of the case, for that whereas the said inhab- itants at Worcester aforesaid on the twenty-fifth day of March, 1785, by their promissory note of hand of that date signed by Benjamin Bemis Jr., James Hathaway and John Sumner Jr., Selectmen of said Town of Spencer, for value received for the use of said Town of Spencer, promised the plaintiff to pay him on his order the sum of thirty pounds and seven shillings and eleven pence on demand with interest till paid; yet the said in- habitants though often requested the same sum hath not paid, nor the interest thereof, but neglect it to the damage of the said Elisha Prouty as he saith the sum of sixty pounds.
As by the writs on file dated the first day of August last appears.
"This action was commenced to be heard and tried at a court of common pleas begun and held at Worcester within and for said county of Worcester on the first Tuesday of Sep- tember last, when and where the plaintiff appeared and by order of court the same was continued to the present term. And now the plaintiff appears, but the defendants nor either of them, although solemnly called to come into court, do not appear but make default. It is therefore considered by the court that the said Elisha Prouty recover against the said in- habitants of the Town of Spencer the sum of 33 lbs., 14s, 9d, lawful money damage and costs of suit."
It seems but probable that the town finally obtained money with which to cancel its debts by pawning its state securities.
*Elisha Prouty was a Spencer man who had married a woman living in Rutland and was temporarily residing there. He soon returned to Spencer and carried on the farm south of the "Alta Crest," farm of Arthur H. Sagendorph.
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March 22, 1786. Voted to pawn the state securities ; that is the town's property for a sum of money to discharge the executions now against the town.
On June 8, 1786. "Voted to send a petition to the court of common pleas, which is to set at Worcester on Tuesday, 10th of June, praying said court to adjourn said court to a further term till the people can have an opportunity to petition the General court by way of a county convention."
A committee was chosen June 5, 1786, to meet with dele- gates from other towns at Worcester to make petition to Gen- eral court for redress of grievances.
At a town meeting legally assembled by a special warn- ing on Thursday, the 8th day of June, 1786, at three o'clock in the afternoon. Dea. Oliver Watson, moderator. Motion made to see if the town would choose a committee to draw two petitions; one to the General court of this Commonwealth, praying for relief of grievances some way or other occasioned by the scarcity of a circulating medium to answer the great demands now called for. The other to petition the court of common pleas which is to set at Worcester on Tuesday next, 13th instant June, praying said court to adjourn said court to a further term till the people can have opportunity to petition the General court by way of a county convention. Vote passed in the affirmative.
A committee of five were chosen to "draught resolutions," who reported as follows at an adjourned meeting held June 12, following :
"The inhabitants of the town of Spencer. Gentlemen- You did at your meeting the 8th day of this instant June, choose us a committee to take into consideration and point out some method to proceed in for the relief of the good people of this commonwealth. We, your humble servants, beg leave to report to you and give it as our opinion that we write cir- cular letters to the towns in the county of Worcester and we have likewise done it and have desired the towns to meet us by their delegates on Monday, 26th day of this instant June, at the house of Mr. George Brewers, innholder, at Leicester, at nine o'clock a. m., to take under their consideration the present distress and take such measures as their constituents shall in- struct them for redress of grievances. We further give it as our opinion it is best not to petition the Legislative body, as the petition of a single town at this time and no deputy to take care of it will be of little or no service at all. If the towns in the county should join with us in convention. If not, then petition as the town should think best. We further give it as
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our opinion that it is best not to petition the court of com- mon pleas at Worcester, which sets tomorrow, as it was pro- posed by some, as it is inconsistent to petition a body of men that haven't power within themselves to redress grievances, and for one town to be singular in such a motion will rather show ignorance and be a reproach. We would recommend to the town at this meeting to choose one or more delegates to sit in convention and give him or them instructions and ad- journ this meeting to Tuesday, the 29th day of this instant June. Signed Oliver Watson, John Sumner Jr., Benj. Bemis Jr., committee."
John Sumner Jr., was chosen delegate to sit in convention at Leicester and represent the town, and instructed him to in- form the convention that it is the opinion of the town that a bank of paper money would be the most expedient relief for the people.
June 29, adjourned meeting; heard report of John Sum- ner Jr., as to doings of convention at Leicester and voted it to be satisfactory. Voted to choose an additional delegate to attend an adjourned meeting of convention and Dea. Oliver Watson was chosen.
Adjourned town meetings were also held August 15, August 21st, September 25th, October 3rd, and matters discussed, with but little progress made towards settling the questions at is- sue. The last meeting is reported as having been dissolved by the moderator "forgiting the adjournment."
At a town meeting held January 1, 1787, on 3rd article, to see if the town will petition the Governor and General court for a settlement of the tumults that unhappily have arisen among us. Passed in the affirmative and the following com- mittee were chosen to draft the petition : Ensign John Sumner, Mr. Aaron Hunt, Lieut. John Muzzy, Mr. Wm. Green, Maj. David Prouty, Lieut. Jonas Muzzy, Mr. Elijah Howe, Lieut. James Hathaway, Lieut. Abijah Livermore. Adjourned to January 4, 1787. Adopted committee's report and chose Town Clerk to sign petition on behalf of the town and transmit the same to his excellency. the Governor.
COPY OF THE PETITION.
"To his Excellency, James Bowdoin, Esq., Governor and Commander in Chief in and over the Commonwealth of Mass- achusetts. The petition of the freeholders and other inhab- itants of the town of Spencer at a meeting legally called and held this first day of January, 1787, humbly sheweth: That whereas, a number of the inhabitants of this Commonwealth
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have been dragged to prison in a county remote to which they belong is a grievance very alarming. Your petitioners there- fore pray that your Excellency be pleased to grant that these men now under confinement may be liberated, if consistent with the authority vested in your Excellency. Your petition- ers further pray that your Excellency would be pleased to re- call all warrants which may have been issued by your Excel- lency against any person in order to carry them out of the county to which they belong for trial, until the sitting of the General court and as in duty bound shall ever pray."
"The petition of the freeholders and other inhabitants of Senate and House of Representatives in General court, who are to assemble 31st instant.
The petition of the freeholders and other inhabitants of the town of Spencer duly qualified to vote in town affairs legally assembled January 1st, 1787. Humbly sheweth : That whereas, there hath been very great and alarming appearances of hostilities being commenced, by the means used to prevent the sitting of the court of common pleas and general sessions of the peace, as also in measures taken by Government to sup- port them and causes of said tumult are not removed. Your petitioners being stimulated from a consideration of the great importance of mutual love, peace and good order, pray that your honors would be pleased to grant that said courts may be abolished or otherwise adjourned in the counties of Worcester, Hampshier and Barkshier until after the next election and dis- cussion of the honorable general court of this Commonwealth, as we conceive the existence of said courts is a very great and unnecessary burden upon the people. We also conceive the suspension of the writ of Habeas Corpeas by which a number of inhabitants of this Commonwealth have been dragged to prison in a county remote from that in which they belong is a grievance very alarming. Your petitioners therefore pray that your honors would be pleased to repeal said act which de- prives us of the privileges of said writ and grant that those men now under confinement may be liberated and that they together with all others who have arisen in opposition to the sitting of said courts may have an act of indemnity, who shall in future behave orderly and as becometh loyal subjects.
"However, your petitioners cheerfully submit the matter, reposing special confidence in the wisdom and clemency cf your honors in concerting such measures as tend to a general declension of the unhappy commotions amongst us, so that peace, love and concord may be restored throughout the Com-
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monwealth and as in duty bound shall ever pray. Spencer, January 4, 1787.
"Done in Town meeting assembled by an adjournment.
"BENJ. BEMIS, Jr., Town Clerk."
The acute stage of the rebellion came in the Fall of 1786. It was the time for the sitting of the courts. The day of com- plaint, remonstrance and petition seemed to be past and a suffi- cient number of citizens in various parts of the state marched to their respective county seats and stopped the sitting of the courts by the force of numbers and arms. The men who made up the bulk of the insurgent soldiery were composed of those who had seen service in the Continental Army, men of un- doubted courage who knew the meaning of war and were pre- pared to take the consequences of their action. It had been claimed from the beginning that the one and only objective point held in view by the Regulators, as they called themselves, was to prevent the sitting of the courts without bloodshed, un- till such time as the people could get an adjustment of the laws through the legislature and this assertion generally prevailed in all the acts of the insurgents. At the same time the Spen- cer company, who marched to Worcester, carried powder and ball ready to do deadly work if an exigency should arise which they might think would require it. Governor Bowdoin finally sent a force of state troops, established the courts, and then pursued such insurgent bands as still held together. On the 20th day of February, 1787, about two hundred insurgents were at New Braintree and the government sent about twenty horsemen and one hundred and fifty infantry in sleighs to dis- lodge them. They were fired upon by a party of insurgents concealed behind a stone wall and two of the party injured, one of them, Dr. David Young, receiving a bad wound in the knee. With the above exceptions all through the campaign the insurgents neither killed or wounded any of the inhabitants of the state. On the other hand quite a number of Revolu- tionists were killed outright and others wounded by state troops. The squad of men who fired on the state's soldiers men- tioned above included David May of this town, a great grand- father of the compiler of this work; also Josiah Kingsbury, clothier of Oxford, grandfather of Henry G. Kingsbury; Reu- ben Lamb, a miller: David Stone and John Barton Jr., hus- bandmen, all of Oxford, Thomas Mower of Brookfield, gentle- man. John Pratt of Ward and Luther Wicker of Paxton, hus- bandmen. They were under the command of Reuben Lamb and it is supposed he gave the orders to fire. Dr. Young, then of Ipswich. sued in the court held at Ipswich for the county of
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Essex and recovered a gross judgment against all the insur- gents named above of nine hundred pounds with costs, colle3- tion to be made from any one or all of them as circumstances proved to be favorable. It appears that property enough to satisfy the judgment could not be found in possession of them all, so Young took all he could get wherever he found it. David May at this time owned a good farm in the north part of the town, lately known as the John A. Frink place. Young secured this, and May having lost all his property in this suit, went to Brattleboro, Vt., and started life anew. IIis son, Wil- liam. afterward purchased from Young, who had settled at South Brimfield, the farm of their father and for two genera- tions more it was in possession of the May family. Josiah Kingsbury fled to Rhode Island, one of the states where an in- surgent could live in safety. Vermont was another state the governor of which would not honor a requisition from the governor of Massachusetts to deliver up insurgents and that state became a harbor of refuge for those who felt that safety demanded their removal elsewhere. This rebellion proved a God-send to Vermont, over seven hundred families of the best blood and sinew in the state removing thither within the space of six weeks. This included Capt. Shays, who against his wishes had been at the head of the insurgent army.
Captain Daniel Shays was a native of Hopkinton, but at the age of twenty-three was living at Brookfield, where he mar- ried his wife, Abigail Gilbert in 1772. When the revolution- ary war commenced he at once enlisted and was at the battle of Bunker Hill; afterwards made captain, served with disting- tion during the revolution and at its close was with other offi- cers presented with an elegant sword by Marquis De Lafayette.
The history of North Brookfield says, "Capt. Francis Stone of North Brookfield was the brains of the Shays Rebel- lion movement. He was a man of great decision of character, actively engaged with his father, who was killed in the French war and afterwards in the war of the revolution, where he soon distinguished himself and was promoted to the rank of captain. He had the reputation in the service of a brave and daring soldier and a successful leader of scouting parties. it was probably on account of his character as an officer in the revolutionary army that he was selected as a leader in the Shays Rebellion to which he attached himself and in which he became very prominent, not only as a military leader, but also as chairman of their meetings and committee of correspondence in which he manifested great ability as well as zeal; indeed, if there were any wisdom in counselling rebellion. he was one of
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the wisest counsellors in all that ill-advised and ill-resulting movement. At the defeat and final dispersion of the rebel army at Petersham in February, 1787, he was among those who fled for refuge to Vermont, where he remained until the decree of amnesty was issued by Governor John Hancock, when he returned to his home and the occupations of peace. He always justified the rebellion and never was heard to express any re- gret in relation to it, except at its failure. However sharply he was condemned by the patriots of his day the cooler judg- ment of the next generation seems to have given him credit for acting conscientiously. It is certain that he never repented his course." A general pardon was extended by the state to all who should take the oath of allegiance prior to January 1, 1787, and those who had borne arms against the state from Spencer were commanded to surrender their arms to John Bisco, Esq., and take the oath. The following appears to be a partial record of the company from Spencer who marched to Worcester to prevent the sitting of the court in the Fall of 1786, and all these took the oath of allegiance as recorded on another page in this book .* The other members of the com- pany without property or family interests had probably fled from the state. Wm. Bemis, an officer in the militia and an honored citizen in the annals of Spencer, petitioned for pardon October 28, 1786, presumably at Worcester.
While much of the foregoing was transpiring in other towns of the state, an unusual proceeding took place in Spen- cer. By the advice of Oliver Watson Jr., aged forty-four, a deacon of the Congregational church, patriot of the revolution, representative and citizen prominent in town affairs, Abijah Livermore aged twenty-one, Lot Livermore aged nineteen, Moses Livermore aged thirty-one, Benjamin Gleason Jr., aged twenty-eight, with Nathaniel Williams, Anthony Sprague and Samuel Jackson broke open the town's magazine, carried away and hid the town's stock of ammunition. But the day of re- gret and repentance came, which is fully told in the following documents.
Petition of Abijah Livermore to the inhabitants of Spen- cer. Gentlemen :
Spencer, March ye 6th, 1787.
I, the subscriber, being sensible of my conduct which has been much against justice and equity and have given just rea- son to the good people and inhabitants of this town to sneer
*John Sumner, Elijah Howe, Jonas Muzzy, James Watson, William Watson, Oliver Watson, Jr., Luke Converse, Ebenezer Mason, John Bisco, David Wilson, Robert Luther, James Sprague, Isaac Morgan, Benjamin Drury and Simon Draper.
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and condemn me, especially in my conduct in joining with others whose names I shall presently mention or make known, which was Samuel Jackson, Benjamin Gleason Jr., Lot Liver- more, Moses Livermore Jr., Nathaniel Williams and Anthony Sprague with the advice of Oliver Watson Jr., I say I have just reason given the good people of this town to condemn me in joining with the above named persons sometime in Decem- ber last and did unlawfully enter the public meeting-house in Spencer and unlawfully removed therefrom the store of the town or town stock of ammunition and keeping the same se- creted some considerable time and then taking unsuitable ways to return the same, all which conduct I am sensible is evil and unjust and for which I am heartily sorry and most earnestly pray for the pardon and for the forgiveness of all the inhabitants of this town and other good people, as I am willing to make full res- titution for all deficiency which shall be found wanting in said stores and as Lot Livermore and Moses Livermore Jr., together with Benjamin Gleason Jr., acted not voluntarily of them- selves, but by my desire and persuasion, I earnestly recommend them to the free pardon and forgiveness of the town and earn- estly ask the prayer of all God's people to God for me that He would give me a heart and grace that I might be enabled to live a life more agreeable to his laws and commands than ever I have yet done.
ABIJAH LIVERMORE.
At a town meeting held April 20, 1787.
Voted to accept the petition of Abijah Livermore by his making good the town stock of ammunition. Voted also, to accept the petitions of Nathaniel Williams, Moses Livermore, Jr. and Anthony Sprague.
Spencer, March ye 12th, 1787.
To the Inhabitants of the Town of Spencer. Gentlemen :
Whereas, we, the subscribers. have assisted in removing the town stores of ammunition from the meeting-house and thereby given reason to the town to blame our conduct, being fully sensible of the unjustifiableness thereof and are heartily sorry that we acted as we did, we hereby for ourselves most earn- estly desire the forgiveness of the town that we may have as- sistance to live to the honor of the town and the glory of God in all our future conduct.
NATHANIEL WILLIAMS, ANTHONY SPRAGUE, MOSES LIVERMORE, Jr.
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Matters had now reached such a stage that the oath of allegiance to the state was in many cases required to be taken by town officials and by citizens generally who in act had shown active sympathy with the insurgents' course.
Spencer, March 13, 1787.
The town officers, having been duly elected they were warned by Constable Isaac Morgan to meet at the dwelling house of Benjamin Drury, town clerk, on or before the 23rd of the same month to be sworn to the faithful performance of the office to which they were chosen.
1
Oath of Allegiance.
I., A. B., do truly and sincerely acknowledge, profess, testify and declare that the Commonwealth of Massachusetts is and of right ought to be a free, sovereign, and independent state and I do swear that I will bear true faith and allegiance to said Commonwealth and that I will defend the same against traitorous conspiracies and all hostile attempts whatsoever and that I do renounce and abjure all allegiance, subjection and obedience to the King, Queen or government of Great Britain as the case may be and every other foreign power and that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, superiority, pre-eminence, authority, dispensing or other power in any matter, civil, ecclesiastical or spiritual within the Commonwealth, except the authority and power which is or may be vested by their constituents in the Congress of the United States. And, I do further testify and declare that no man or body of men hath or can have any right to absolve or discharge me from the obligation of this oath, declaration or affirmative denial, renunciation, abjuration heartily and truly according to the common meaning and ac- ceptation of the foregoing words, without any equivocation, mental evasion or secret reservation whatsoever. So help me God.
Signed :
JOHN SUMNER, Jr., DAVID PROUTY, ELIJAH HOWE, LUKE CONVERSE, JAMES HATHAWAY, JOHN MUZZY, Jr., ROBERT LUTHER.
Instructions to James Hathaway by the Town of Spencer, May 28, 1787. Sir : You being chosen by the inhabitants
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of the town of Spencer to represent them in the great and gen- eral court of this Commonwealth for the ensueing year and not doubting but your ability and integrity is equal to the great and ardous service assigned you. Notwithstanding, we think it our duty to give you instructions, as it is a day of pub- lic distress and trouble and dark clouds hang over this Com- monwealth. Therefore we instruct you that you would do all in your power that wars may cease in the midst of said Com- monwealth and that peace and tranquility and harmony take place and that you do all that is in your power for confirming and strengthening the union of these states. That you at- tend strictly to the principles of the Commonwealth and pre- serve the same unviolated. And that you would endeavor that there may be an act of general indemnity for all who are mem- bers of said Commonwealth that have taken up arms to hinder the sitting of the courts in a number of counties in said Com- monwealth and also all those of every description who are under sentence of death, or bonds, that are fled to the neighbor- ing states for safety, that they may soon return home to their friends and families in peace and enjoy their privileges as formerly, upon conditions they behave well for the future. And also those that have taken up arms as aforesaid, and have laid them down and have taken and subscribed to the oath of allegiance. You are hereby instructed to do all in your power that their disqualifications may be taken off and that they may be restored to their former privileges, then behaving well for the future. That all the troops which have been raised by government for suppressing the Regulators, as they call themselves, may soon be discharged and return to their homes and to their own business.
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