USA > Massachusetts > Franklin County > Greenfield > History of Greenfield : shire town of Franklin county, Massachusetts, Vol. I > Part 17
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195
GREENFIELD MAKES A DISCOVERY
1753-1769]
Deerfield also chose a committee to settle with Greenfield all questions concerning the sequestered lands and the im- provement of the same, and proposed that they give as a free gift that proportion of the rents of the sequestered land for 1753 which Greenfield paid of the province tax, provided Greenfield gave a full receipt in settlement of the matter. With some magnanimity Deerfield offered to pay one half the expense of the committee which divided the town, which by the agreement was to be wholly paid by Greenfield if its south bound was not fixed below the eight thousand acre line.
The matter was satisfactorily settled, and the committees of the two towns leased the lands, or they were amicably occupied together until 1767, when Conway was set off, and Deerfield claimed that, according to the organic act, Greenfield had no more rights in the sequestered lands. Then Greenfield waked up and procured a copy of the enabling act and first dis- covered the clauses in the organic act which, in this book, are marked in italics, which they had never before known of. The copy of the act and the report of the committee do not appear on the Greenfield records until 1769. To say that the people of Greenfield were surprised and angry, and made charges of fraud and deception, is to put the matter very mildly. Greenfield still laid claim to what she had enjoyed for fourteen years, and by the terms of the report of the com- mittee, was to enjoy forever, and took possession of a portion of the crops raised on the sequestered lands in 1768 and 1769, vi et armis.
David Willard, Esq., the historian of Greenfield (who was a boy while this matter was a burning question to his parents), learned about the whole affair, and gave the subject much space in his work, so we give his version of the case in his own words, believing it to be a fair statement of an exciting chapter in the organization of the new district, and a vivid sketch of one of the principal causes of the estrangement which for so many years existed between the two towns.
117.7
196
DAVID WILLARD'S RELATION
" The act creating the new district of Greenfield, follows almost literally the award (of the committee) excepting as to those provisions in favor of the district (viz those relat- ing to the sequestered lands and to taxation of the meadow land in Cheapside, which were inserted by way of compensation for bringing the boundary up to the eight thousand acre line) which were so altered and limited in the act, contrary to the agreement of the parties, as to destroy almost entirely their purpose and effect. The referees decided that 'the said dis- trict of Greenfield have the use and improvement of one half of the sequestered lands in the said town of Deerfield, being north of Deerfield river,' and this forever, for there is no limi- tation of the provision, either in the award or the acceptance of it by the town of Deerfield.
"The act on the contrary is, that 'the said district shall have the improvement of one half of the sequestered lands on the north side of Deerfield river until there shall be another dis- trict or parish made out of the said town of Deerfield.' Thus introducing, contrary to the stipulations of the parties, a limi- tation to this enjoyment, not authorized by award, and which the referees afterwards testified was 'entirely contrary to their intent and meaning.'
" Again, the award provided that 'the lands lying in a cer- tain meadow or interval which lies north of Deerfield river, which is known as Cheapside, which belong to Timothy Childs and David Wells, who dwell in said proposed district, shall pay taxes to said district.' This was also without limitation, and the construction of the award of course, was, as was also the agreement of Deerfield in accepting it, that these lands should be so taxed forever. But this stipulation was also vio- lated in the charter, which enacts that 'the lands in a certain interval or meadow called Cheapside, which do now belong to Timothy Childs, Jr. and David Wells, shall pay their taxes in said district, so long as they are owned by any person living in said district.' The effect of this limitation of the second
197
COMMITTEE REPORT VS. ORGANIC ACT
1767]
right of the district, also introduced into the charter contrary to the agreement founded on the award, is sufficiently ob- vious.
" If Mr. Childs or Mr. Wells should move down upon their own farms (which comprised the principal part of the meadow at Cheapside, besides the sequestered lands) or these farms should go into the hands of any person not an inhabitant of Greenfield, tho' but for an instant, the right of taxation by Greenfield would be lost forever, for if once lost, it could not be resumed though the lands should again belong to in- habitants of Greenfield ; and such has been the exact practical effect of it, and is to be remarked as showing the case with which the limitation was introduced, that it is exactly in the words, i. e. ' so long as' which legal writers have recommended as having the effect, and which have received a settled judicial interpretation. The first question arose as to the sequestered lands which embraced something more than thirty acres of meadow, worth now (1838) about $5,000. It would seem that the inhabitants of the district of Greenfield were not aware of the variations between the award and the charter till 1767. This is to be inferred not only from their own language so often repeated after that time, but from the facts appearing upon their own records. Soon after the passage of the act, the magistrate of Deerfield, who was named in it, called a meeting of the inhabitants, the full record of which is pre- served upon their books. They organized by the choice of their officers, but it does not appear that the act was read to them, certainly there was no vote in relation to it, nor does the record contain it or a single illusion to its provisions.
" After the incorporation of the new district of Conway, from Deerfield lands, it was brought for the first time to the notice of Greenfield and spread upon its book of records, and then follow the complaints of wrong, injury, and fraud, which no one, acquainted with their character, can doubt would have been heard immediately, if the facts had come earlier to their
198
THE FIGHT FOR THE SEQUESTERED LAND
[1767, 1768
knowledge; and it is to be remembered that Greenfield had no representative in the Legislature* till after August 23, 1775, when by the provisions of an act of the General Court she became entitled to the rights of a town.
"Till 1767 the parties had governed themselves by the award of the Committee which each town had upon its books, as the rule of its conduct. They had amicably divided the seques- tered lands, each improving its half and had maintained all its provisions as to taxation. But this year the limitation as to the sequestered land having taken effect by the incorpora- tion of the new district of Conway, Deerfield demanded the relinquishment of that part which had been up to this time improved by Greenfield, and which by the agreement of the parties she was to enjoy forever.
"This demand was resisted on the part of Greenfield to the last, and it is said that the contest was not carried on in words only. In the summer of 1768, the agents of Deerfield took possession of the land, and mowed it, and each party went on in strong force to take away the hay ; an encounter took place between them, in which, it is said, clubs and pitchforks were freely resorted to. The Greenfieldites were successful in carrying off the greater portion of the hay, and the town of Deerfield immediately commenced against them individually several actions of trespass quare clausum, for entering upon the land, which were defended at the expense of the district. The trial of the first case was thoroughly contested, and made it most manifest that the legal rights were as clearly one way, as the equitables were the other. Greenfield insisted upon her right acquired under the award, and the deliberate agree- ment of the other party to fulfil it ; but the court very properly decided that as ministers of the law, they could look only at the act of incorporation, that was a public and not a private law, which they had no power to overturn, and if there was
* The record of the Legislature given in chapter 16 of this work shows conclusively that the bill was drawn by the Deerfield member or under his direction.
199
GREENFIELD APPEALS TO GENERAL COURT
1770]
any fraud or violation of previous contract between the parties attending its passage, the remedy of Greenfield was with the Legislature, not with the Courts, which must carry out the act as they found it."
" While these trespass suits were pending, Greenfield chose a committee of representative men to bring the matter before the General Court, and with their petition they filed the fol- lowing certificate signed by the Referees : Whereas we the subscribers were appointed by the town of Deerfield, in the year 1753, to consider and determine in what manner the dis- trict of Greenfield should be set off from the town of Deerfield, and among other things to determine what part of the seques- tered lands in Deerfield, the said district, when set off, should be entitled to, and for what term of time, which article we took under consideration as by our report appears, and we did determine that it was reasonable that the said district should have the improvement of the one half of the said sequestered lands lying north of Deerfield river, without limi- tation of any time, &c., and now, being desired to signify the understanding we then had of the affair-we do now say, that it was our design and intent that the sª district should forever thereafter hold and improve part of sª lands, and having seen the act of incorporation of the district of Greenfield and the limitation therein made with respect to the improvement of the sd sequestered lands, which we freely declare is entirely contrary to what was our intent and meaning.
""'OLIVER PATRIDGE. ""'SAMUEL MATHER. EBENEZER HUNT.'"
""'December 29, 1770.
Willard continues : "It will be recollected that the Legisla- ture then consisted of the Governor, appointed by the King, and his Council, who could only be appointed by his concur- rence, which formed one branch of the General Court-and the Representatives of the people, which formed the other.
200
[1770
GREENFIELD PAYS FOR HER TRESPASS
This matter was before the General Court several years and on every important vote, the Governor and Council were on the side of Deerfield, while the Representatives of the people always recognized the agreement as equitably binding upon the parties, and maintained that Greenfield had been wronged, and should be redressed. It will be seen by the report in the Council that they did not deny the contract, or the fairness of the award, but set up certain technical objections, as to the power of Deerfield to make the agreement, &c., which have indeed no more foundation in law than in reason.
" Of the probable motives which governed the different par- ties, there has been much speculation, but we know little. As the charter could not be altered without the concurrence of both branches, nothing was done.
"The war of the revolution came on soon afterwards, and our fathers forgot this excitement in the higher promptings of patriotism. They gave their whole hearts to the cause of their country."
In 1770 and 1771 committees were appointed in each town to negotiate and settle the matters in controversy, and the suits for trespass, and finally terms were made, and Deerfield gave Greenfield a discharge in full, expressed in the following terms :
" Know all men by these Presents that we David Field Thomas Williams Joseph Barnard Salah Barnard & Seth Cat- lin a committee authorized & Impowered by the town of Deerfield in Consideration of forty pounds Lawful money to us . paid by Sam11 Hinsdale Ebenezer Wells Amos Allen Jonathan Severance & David Smead of Greenfield do hereby in Behalf of said Town release and wholly discharge the Dis- trict of Greenfield from all Demands of whatever kind the said Town or any Person or Persons holding under said Town have or might have for Trespasses Committed on the Town Lands so Called by any of the Inhabitants of said District or
201
DEERFIELD WINS THE CASE
1771]
by any Person or Persons by Liberty or order of said District from the beginning of the year of 1768 to the 24th day of Decr 1770 any thing herein mentioned not to affect the Title of Said Lands.
"In Witness whereof we have hereunto set our hands and seals this tenth Day of January Anno Domini 1771.
" DAVID FIELD. " THOS WILLIAMS.
" JOSEPH BARNARD.
" SALAH BARNARD.
" SETH CATLIN."
During the revolutionary struggle the claims of Greenfield were allowed to remain unpressed in the General Court, al- though eminent counsel were employed on both sides of the case,-Mr. Sewell for Greenfield and John Adams (later pres- ident of the United States) for Deerfield.
The Superior Court decided that sequestered lands could not be divided among seceding bodies, but must remain for the use of those ministries to whom they were first set out ; and under this decision the sequestered land lying at the mouth of Green river remains in the hands of the " First Congrega- tional Parish in Deerfield " to this day, though the town of Greenfield after one hundred and forty years succeeded in pushing her southern boundary to the Deerfield river. In 1782 after the close of the war, Greenfield chose David Smead as agent and directed him " to make a trial before the General Court for a certain parcel of land the town of Deerfield have taken."
CHAPTER XIX
LAST FRENCH WAR
" War with its agonies, its horrors and its crimes, Is cheaper if discounted and taken up betimes."
A FTER the close of the first French war, when peace had once more smiled upon the valley, the frontier was pushed forward on either side of the river toward the north, and it was planned to establish a military post at Cowas. This gave great offence to the Indians and in 1752 a delega- tion from the St. Francis Indians came to No. 4, and pro- tested against it, so that the plan was reluctantly given up. In the fall of 1751, Colonel Williams was notified of hostile acts committed by the Indians upon the eastern settlements, and preparations were made for a renewal of the defence of the valley towns against the incursions of the dreaded foe. In May, 1752, the expected attack came in the New Hampshire settlements. John Stark, afterward the celebrated patriot, and William Stark, his brother, afterward a captain in "Rogers Rangers " and later a Tory officer of note, with some companions, were hunting on Bakers river, and were attacked by the Indians. John Stark and one Eastman were made prisoners. William Stark escaped and one of the party was killed. Other attacks were made eastward and Colonel Williams took measures for extensive improvements in the de- fences of the northern department of Hampshire county. Forts Shirley and Pelham having proved of little service, they were abandoned, and the old block houses and forts at North-
202
203
FRONTIER TOWNS PREPARE FOR WAR
1751-1754]
field, Bernardston, Greenfield, Colrain, and Deerfield were put in excellent condition, and forts Dummer and Massa- chusetts were greatly strengthened. At the latter a new watch house, forty feet high and twenty-eight feet square, was built. In 1754 Deerfield was made the chief place for sup- plies for the northwest frontier, Major Elijah Williams being made commissary, and Sergeant John Hawks appointed lieutenant and put in command of the Colrain forts, with headquarters at Morrison's. Colonel Williams writes to Secre- tary Willard : "The people of the new settlements have gen- erally withdrawn; some few have shut themselves up in poor forts and palisaded houses. What Fall-town people could not get into Lieut. Sheldon's fort are withdrawn
Some remain at Charlemont and are picketing a house & some of the inhabitants remain. . It is open war with us & a dark and distressing scene opening.
A merciless miscreant enemy invading us in every quarter."
" To his Honr. Spencer Phipps Esq. &c. &c.
" The memorial of Eph. Williams, Commander of Ft. Massachusetts : Humbly Sheweth-That Whereas, the Pick- ets which were Erected at Fort Massachusets when Built, are now rotten & falling to pieces. Must Therefore humbly Begg yr Hon" would take ye same into your Wise Considera- tion & make what provision you see Meet-Which is humbly Submitted.
" Yr, dutiful Servant " EPH. WILLIAMS, JUNR."
Sixteen pounds was allowed by the court, the new pickets to be eight feet above ground, and the part set in the ground " to be so heated with fire so as to make them most serviceable."
An example of the work of the settlers will be found in the following : " To His Excellency William Shirley Esq. &c. Oct. 17, 1751. The Petition of a Number of the Inhabitants of a New Settlement in the Western Frontiers called Charley
204
HOUSES AND FORTS GARRISONED
[1751-1754
Mount, Humbly Sheweth ; Whereas your Petitioners, in the late Distress by the Indian Enemy did with the advice of Col. Israel Williams of Hatfield, move two of our Houses near to- gether & pallisadoed from one house to the other on one side, & made a parade with Boards which we propose to Line on the other side; the charge of which amounts to six pounds eighteen shillings Lawful money, which sum your Petitioners humbly request may be granted them, and also that your petitioners may be allowed a further sum of six pounds Law- ful money to enable them to build a mount & watch Box & picket said Houses, and your petitioners further Humbly re- quest that they may be allowed a Suitable Number of Soldiers to Defend said Garrison & Scout to the Other forts, & your petitioners shall in duty Bound ever Pray &c.
" GERSHOM HAWKS. " JOSHUA HAWKS. " SETH HAWKS. "
The General Court, January 23, 1752 : " Ordered that there be at Fort Massachusetts, one Captain, one sergt. and thir- teen men. At Fort Dummer, one Sergt. and four men." The pay fixed was, each captain, £2 per month ; lieutenant, £1 ; Ios. sergeant, {1 6s. 4d ; corporal, {1 6s. 3d ; private, £I.
A few houses were slightly fortified in Huntstown (Ash- field) Hunting Hills (Montague), Road Town (Shutesbury), Cold Spring (Belchertown), and a small garrison was for a time kept at Huntstown at the expense of the province.
It was evident to all that no permanent peace with the In- dians would ever be maintained until Canada and the French possessions were dominated by British influence, and great preparations were made both in the provinces and in England to capture all the advanced posts of the enemy. A large army assembled at Albany, and Major Ephraim Williams of Deer- field was appointed to raise a regiment in Hampshire county,
205
SETTLERS KILLED AT CHARLEMONT
1754, 1755]
and Captain Isaac Wyman succeeded him as commander at Fort Massachusetts.
On the IIth of June, 1755, Captain Moses Rice and Phineas Arms (a Deerfield soldier), were killed near Rice's Fort, and Titus King and a lad, Asa Rice (grandson of Captain Rice), were taken prisoners. Artemas Rice fled to Taylor's Fort and gave the alarm. The post sent to Deerfield made such good time that twenty-five men reached the Taylor Fort the same day, but the enemy had fled and they buried the dead upon the sidehill above the fort. A generous descendant of Captain Rice furnished the means and the Pocumtuck Valley Memorial Association has marked his burial place with a suit- able monument.
Recently in the Public Archives there has been discovered a plan of the Taylor Fort, which was located in east Charle- mont. The houses of Othnial and Jonathan Taylor were moved within sixty feet of each other, and a palisade erected running from one to the other, making a parade sixty by thirty- eight feet, which contained a well. Outside of all was a pali- sade eighty by one hundred and forty feet, enclosing the whole and at the southeast corner of one house a mount was built five and a half feet square and fifteen feet high, pro- jecting beyond the walls so as to cover them with rifle fire. This and the Hawk's Fort were garrisoned by province soldiers.
Morrison's Fort in Colrain was also placed in good repair. Let Captain Morrison tell his own story :
" DEERFIELD, Ocb" 23, 1754.
" Honb Sir. I have picketed well round my house & have set up a good watch Box; the Picketts about 400 in No. the watch Box is set upon Posts 23 feet high, & ye box 9 feet square the charge of what I have done is about £50 old Ten". Should be much obliged to yr Hon" if you would put in a Pe- tition for me that I may be reimbursed my Charge, if you think it reasonable & it is likely the Province will allow it
206
ACTIVITY OF INDIAN ENEMY
[1754
me; Which will very much oblige your most Obt Humble Servt.
" HUGH MORRISON."
Fifty feet square was also added to the south of Morrison Fort in Colrain, and yet the people claim that they " have not garrisons enough for half the people."
Bridgeman's Fort at Vernon, destroyed in 1747, had been rebuilt, and the Indians lying in ambush near, had in some manner, possibly by watching from the heights which over- shadowed it, learned the signal by which its occupants obtained admission at its gate. After an attack upon men who were at work in the field, in which they fatally wounded Caleb Howe and captured his two sons, they approached the fort, gave the correct signal and were admitted. Here they took as prisoners Mrs. Jemima Howe and two other women with their eleven children. These captives were taken to Crown Point and afterward to the St. Francis village on the St. Law- rence. Mrs. Howe wrote a most touching story of her cap- tivity, which may be found in the appendix of Vol. III, Belk- nap's History of New Hampshire.
Major Williams writes to Colonel Williams : That the scouts frequently discover signs of Indians near Falltown, Colrain and Charlemont, and that they are seen every day about Fort Massachusetts ; that report comes from Albany that large numbers of Indians are out, some say 300, some 4 or 500- and one party of these is for Deerfield, that "We have so few men for gards at Deerfield and Greenfield and other places that the inhabitants are discouraged & think that they shall lose almost all the crops they have on the ground." " What to do or to say to them I know not-hope Sir, you have some directions from the Governor before he left the Province to raise succors in such a time of distress as it is now in the Poor Distressed Frontiers."
Colonel Williams to Lieutenant Governor Phips : July 29,
207
GREAT DISTRESS AT DEERFIELD AND GREENFIELD
1755]
"The people are much distressed and much grain must be lost for want of guards-I expect many wil venture hard to save their corn, not knowing (how) to support without it, without which multitudes will be ruined-The people con- duct with caution and prudence-of late-as I ever knew them-They are sufficiently fortified & are at great expense in hiring guards. No mischief has happened since the disaster at Charlemont-th° they have made frequent attempts-I fear they will be too cunning for us."
A party of Greenfield people were out at work covered by a guard ; Samuel Wells tied his horse and left his coat some distance from the others. Soon after the guard discovered some Indians hiding in ambush that they might take him when he came for his horse.
Major Williams to Governor Phips, August 7 : "The in- habitants of Greenfield are in great distress & are daily obliged to find guards for themselves, besides the soldiers that are allowed them-who are but two out every day on the guard ; only two left to keep the garrisons. Indians. have been about ye South fort (Colrain) & have called out to ye watch one or two nights wh looks to be very strange conduct in an enemy -. We at Deerfield being reduced by so many of our peoples being gone into the Service of the Province that we have but about 70 men left in town & how we shall be able to get hay to keep our stock and seed our ground I know not-Hope the Province will afford us some relief."
August 8, Lieutenant Clesson with fifteen men went on a scout up the Deerfield to its head waters, crossing over to West river and home by way of Fort Dummer, Fort Sheldon, etc. He reports, " Saw no enemy, but found tracks and laid in am- bush for the foe for several days." He started from McDowell's Fort in Colrain.
August 20, Acting Governor Phips to Colonel Williams : "I think it very necessary that ministers on our frontiers should be protected, which has been in all times of danger the care of
208
[1756
REV. ALEXANDER MC'DOWELL'S PETITION
the governor. You will give such orders as may be necessary for the succor of Mr. McDowell & his family, at Col- rain. This is a good place for scouting parties to go out & come in."
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