USA > Massachusetts > Worcester County > Hardwick > History of Hardwick, Massachusetts, with a genealogical register > Part 11
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The second Provincial Congress, believing that " the sword should, in all free states be subservient to the civil powers," and that such powers were then exercised only on sufferance, without due form of law, appealed to the Continental Congress May 16, 1775, for "advice respecting the taking up and exercising the powers of civil government, which we think absolutely necessary for the salvation of our country ; and we shall readily submit to such a general plan as you may direct for the colonies; or make it our great study to establish such a form of government here, as shall not only most promote our advantage, but the union and interest of all America." In answer to this appeal, the Conti- nental Congress, June 9, 1775, "Resolved, that no obedience being due to the act of parliament for altering the charter of the colony of Massachusetts Bay, nor to a governor and lieutenant- governor who will not observe the directions of, but endeavor to subvert, that charter ; the governor and lieutenant-governor are to be considered as absent, and their offices vacant. And as there is no council there, and the inconveniences arising from the sus-
1 Son of Brigadier Ruggles. He be- Some years later he returned, and resided came a refugee, and never returned.
in peace at Brattleborough, Vt., and
2 Mr. Chandler afterwards became a Hinsdale, N. H., where he died. refugee, and his property was confiscated.
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pension of the powers of government are intolerable, especially at a time when General Gage hath actually levied war, and is carrying on hostilities against his majesty's peaceful and loyal subjects of that colony ; that in order to conform, as near as may be, to the spirit and substance of the charter, it be recommended to the Provincial Congress, to write letters to the inhabitants of the several places which are entitled to representation in assem- bly, requesting them to choose such representatives ; and that the assembly, when chosen, should elect counsellors : which as- sembly and council should exercise the powers of government, until a governor of his majesty's appointment will consent to govern the colony according to its charter." Accordingly, the third Provincial Congress, now in session, issued letters, June 20, 1775, requesting the selectmen of the several towns to cause the. inhabitants to assemble and " elect and depute one or more free- holders resident in the same town, according to the numbers set and limited by an act of the general assembly, entitled an act for ascertaining the number and regulating the house of representa- tives, to serve for and represent them in a great and general court or assembly, to be convened, held, and kept, for the service of the said colony until the end of the day next preceding the last Wed- nesday of May next, if necessary, and no longer, at the meeting house in Watertown, upon Wednesday the nineteenth day of July next ensuing the date hereof."1 In accordance with this request, Capt. Stephen Rice was elected, July 15, 1775, a mem- ber of this House of Representatives, - the first which derived its authority directly and absolutely from the people.
October 10, 1775. " Voted, that Lieut. Timothy Ruggles be set at liberty. Voted, That the late proceedings of the Commit- tee of Correspondence with respect to the Tories are satisfactory to the town." Precisely what these " proceedings " were does not appear on record ; but it may safely be assumed that they were less " satisfactory " to the Tories than to the town. The number of Tories in Hardwick was not large. Indeed it is re- markable that Brigadier Ruggles, whose services to the colony had been so conspicuous, and to the town so important and beneficial, should have secured so few political adherents outside of his fam- ily circle. The more active and troublesome of them soon left the town. Those who remained, with a single exception, seem to have submitted unresistingly to the discipline adjudged necessary
1 Journals of each Prov. Congress, p. 359.
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by the Committee of Correspondence, and to have conformed to the new state of affairs so entirely as to secure the respect and confidence of the most ardent Sons of Liberty. And even Jona- than Danforth, the most unmanageable and pugnacious of the whole number, finally obtained the same boon, though he secured it " through much tribulation." Several documents relative to him are preserved in the records and archives of the Common- wealth, which have not heretofore been published, and from which I shall quote somewhat freely, as they perhaps include, and certainly illustrate, some of the " proceedings of the Committee of Correspondence with respect to the Tories " at that time and afterwards.
" Worcester, ss. To the Sheriff of the County of Worcester, or to the Keeper of the Common Goal in said County. Greeting. In the name of the Government and People of the Massachusetts Bay in New England : You are required to take into safe cus- tody, and commit to said Goal, Jonathan Danforth of Hardwick, a person inimical and dangerous to the States of America, there to remain in safe keeping till he shall be liberated and discharged by due course of law. Given under my hand this 4th day of De- cember Anno Domini 1776. WILLIAM PAIGE (by order), Chair- man of the Committee of Correspondence for Hardwick." 1
"To the Honorable Council of the State of the Massachusetts Bay : We, the Committee of Correspondence, Safety, and Inspec- tion, for the Town of Hardwick do show, - That we have commit- ted to the common goal in Worcester Jonathan Danforth of this town for the several crimes following, viz., (1.) That he, being collector for said Hardwick, refused to pay to the Treasurer of the State, Henry Gardner, Esq., the public monies he had in his hands, according to a resolve of Congress. (2.) But being com- pelled to answer for said money, he produced other men's security and took a receipt of the Committee, which receipt afterwards he gave to Harrison Gray, Esq., on the account of which one of the said Committee was seized by said Gray and contained [de- tained ?] to his great loss and damage. 3. Afterwards he was published in the public papers, and confined to the town as an enemy to the United States; but notwithstanding, he broke through his confinement, and went to New York and other places, which we apprehend was to confer with and give information to our enemies. 4. Concealing the goods of Richard Ruggles, a fu- gitive, when sought for ; and when part was found with him, sol-
1 Mass. Archives, clxxxi. 369.
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emnly declared there was all he knew of ; but afterwards others were found in a certain wood, which he confessed he put there. 5. And also absconded from said town of Hardwick for many months, conferring with our enemies, to the great uneasiness and worry of the inhabitants of said town. - For these and many other reasons which we are ready to show, if called to it, I have committed the said Danforth, as above stated. By order of said Committee, WILLIAM PAIGE, Chairman. Worcester Dec. ye 5th 1776." 1
" To the Honorable Council for the State of Massachusetts Bay, in Council assembled, Dec. ye 6th 1776 : Jonathan Danforth of Hardwick, in the County of Worcester, now a prisoner in the common Goal in said county, humbly shows, - That, some time in the month of July last, he left the town of Hardwick aforesaid- and went to North Yarmouth in the county of Cumberland, and let himself to the Hon. Jeremiah Powell, one of this Honorable Board, and lived with him until the sixth day of November last, when he returned home to Hardwick, bringing proper credentials with him from the said Mr. Powell that, during the time he had lived with him, he had behaved well: that, during his absence, the Committee of Correspondence &c., for said Hardwick seized upon the estate of your petitioner and leased the same out, al- though he had left a proper person on it, to take care of it and his family in his absence ; that, some little time after your peti- tioner's arrival home, the Committee aforesaid seized him, and in a most ignominious manner put him under guard and charged him with having been, in his absence, with the British troops, and made out a mittimus, signed by one William Paige, their chair- man, directed to the Sheriff of the County, ordering him to be committed to goal as a person inimical and dangerous to the States of America, and at the same time forbidding the Sheriff to take any bail, although your petitioner could have procured am- ple security for his good behavior, and he is confined in the goal aforesaid among prisoners of war, thieves, &c., and must remain there, unless your Honors interpose in his behalf. Since civil gov- ernment has taken place among us, and civil magistrates are ap- pointed for the due execution of the laws, your petitioner appre- hends that Committees cannot lawfully grant mittimuses for the commitment of any person ; but the late law of this State directs that if any person is supposed [suspected ?] of being inimical to the States of the United Colonies, upon complaint made by Com-
1 Mass. Archives, clxxxi. 370.
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mittees, &c. to a Justice of the Peace, the Justice is to examine the matter of complaint, and upon due proof being made to bind the offender to the next Court, and to his good behavior in the meantime; which law your petitioner is willing to submit to. Therefore [he] prays your Honors to direct the Sheriff that, upon your petitioner's giving bond, &c. agreeable to the direction of the law, he may be liberated ; and as in duty bound shall pray : " JONATHAN DANFORTH." 1
This petition was referred, December 7, to a committee, and no further notice of it is found on the records of the General Court; but it elsewhere appears that the petitioner "was set at liberty by the Judges of the Superior Court." Then followed a sharp and troublesome contest between him and the committee, the details of which, as well as the antecedent transactions, are set forth in the following petition : -
" To the Honorable the Council and House of Representatives for the State of the Massachusetts Bay: The petition of the Selectmen and Committee of Correspondence, Inspection, and Safety, for the town of Hardwick, humbly showeth, - That whereas Jonathan Danforth of said town has in many instances, in our opinion, been aiding and assisting the unnatural enemies of the United States of America, therefore we, the said Select- men and Committee, shall endeavor to inform the Honorable Court of the said Danforth's conduct, from the time of the date of the Resolve of the Provincial Congress requiring every town in this State to appoint Committees to call their Constables to account for the outstanding monies in their hands, and also the transactions of the Town, Selectmen, and Committee, aforesaid, with the said Danforth.
" In the first place, with regard to the said Danforth, when the said town's committee, agreeable to a Resolve of the Provincial Congress of the State (the said Danforth being constable for said town), proceeded to call him to an account for said outstanding monies, the said Danforth then absolutely refused to give any account respecting said monies, when requested, till after being compelled thereto by said town, agreeable to said Resolve, - who thereupon gave his note for said monies, for which they gave him a receipt. And further, the said Danforth made a humble ac- knowledgment for his past conduct, and solemnly engaged for the future that he would not oppose, but assist all in his power the people of this Town and State in every thing that is not con-
1 Mass. Arch., clxxxi. 367, 368.
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HISTORY OF HARDWICK.
trary to the constitution of this state and the laws of the same ; and that he would religiously stand to all the covenants of the town, which he had signed ; and that he would stand or fall with the people. But instead of performing his engagement, he im- mediately returned said receipt to Harrison Gray, by which means the gentleman who gave his receipt on the back of the Province- Warrant, in behalf of the town, was arrested for said monies, to his damage; and also did his endeavor to discourage the people from taking up arms to fight against the King of Great Britain ; and whenever the inhabitants of said town met together for the purpose of raising men for that purpose, he would appear to ridi- cule them in a contemptuous way and manner ; and did actually conceal the household furniture of Richard Ruggles, who has actually joined our unnatural enemy, and, being suspected, he. delivered up a part, and point-blank declared he knew nothing about any more ; but on further evidence being obtained against him, he confessed in an open town-meeting that he had concealed some other articles in a certain hill, which was afterwards actually found on said hill. And also the said Danforth, notwithstanding the restrictions which were laid on him by the Committee, in obedience to a Resolve of the Provincial Congress requiring them to take effective measures to prevent suspected persons from exe- cuting their wicked designs, in open contempt of their authority went to New York, or elsewhere, and purchased a large quantity of Bohea Tea and brought [it] into town, and immediately ab- sented himself ; by which circumstances the Committee was led to suspect that he had actually gone and joined our cruel enemies, he having previously disposed of all his stock and part of his household furniture, and part thereof he conveyed away privately and concealed in the woods, as his wife afterwards informed us, and also carried away all his valuable writings ; and when he returned back to town informed the Committee of his coming, and also gave hints that he was ready to give an account for his past conduct ; the Committee soon after gave him an opportunity therefor ; and when various questions were asked him by said Committee respecting his conduct, he refused giving any direct answer thereto. Furthermore, he endeavored to and actually did, in a clandestine manner, make conveyance of his real estate, in order as was supposed to secure it from being taken as a for- feited estate. Finally, his whole conduct, ever since the time first mentioned in this petition, has been to insult and act in con- tempt against the Resolves of the Continental Congress, the cove-
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nants and engagements entered into by the town, and the orders of said Committee agreeable to said Resolves and Acts of the Great and General Court of this State, unless compelled thereto.
" In the second place, we shall endeavor to inform the Honor- able Court of the transactions of the Town, Selectmen, and Com- mittee, with said Danforth, from time to time. Viewing him as an enemy to the rights and liberties of this country, they thought themselves in duty bound, -in pursuance of a Resolve of the Provincial Congress in the year 1775, recommending it to Select- men and Committees in all and every town in this State to take effectual steps to put it out of the power of such persons to ob- struct by any means whatever the measures that shall be taken for the common defence, - to publish his name to the world as an enemy, and lay him under restrictions not to pass over the bounds of the town without license first obtained from said Com- mittee. They also proceeded, in the year 1776, to enter a com- plaint to a Justice of the Peace, viewing him, agreeable to a Resolve of the Continental Congress, as a person that ought to be withdrawn from, and have no commercial intercourse with, to grant a warrant to take the forementioned Tea, and to have it stored, which was accordingly done. They also proceeded, agree- able to an Act of the Great and General Court in April 1776, - requiring Committees to make returns of the names of all such persons who had in any manner acted against or opposed the rights and liberties of the United States of America, together with their respective crimes, and evidences or depositions, - to make return of said Danforth's name, with depositions accord- ingly. They also proceeded, -some time after the said Danforth had fled and left the town as before mentioned, in the opinion of said Committee and every true friend and well-wisher to [the] rights and liberties of America, to join our unnatural enemies, or elsewhere, for protection, agreeable to a Resolve of the Great and General Court of this State in 1776, empowering Committees to take immediate possession of all such persons' estates, and to lease out all such real estate for the space of one year, - to take possession of all such personal estate as could be found belonging to said Danforth, and to lease out said real estate, and returned an inventory thereof to Court, agreeable to said Act. They fur- ther proceeded, after said Danforth had returned to town (he being absent from the fore part of July till late in the Fall, the same year), to bring him under examination, as before men- tioned, he giving no direct answers to questions asked him, it
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was our candid opinion, - referring to a Resolve of the Conti- nental Congress, recommending it to Committees that the most bold, impudent, and dangerous, enemies of this kind ought to be confined, - that it was not for the safety and welfare of the good people for him to go at large ; therefore the said Committee, with the advice of the principal men and Judges of the Inferior Court for the County of Worcester, having no particular Act at hand pointing out the method for commitment, proceeded to commit him to Worcester Goal, having first laid the case before the town at a full town meeting assembled, and having a very unanimous vote therefor. After said Danforth had remained in goal for some time, he was set at liberty by the Judges of the Superior Court, the Committee not knowing that he was to be brought upon trial at that time, and consequently had no opportunity to .. be heard. And on his returning home, the inhabitants of the town being very uneasy, thinking it not safe for the matter to remain in such a situation, -- and in conformity to an Act of the Great and General Court, recommending it to Committees that any persons that were found to be enemies to the liberties of the people, that they enter complaint against such persons, and have them brought before proper authority for examination and trial, - thought it advisable to proceed with him agreeable to said act ; and when coming to trial, and producing sufficient evidence against him, as we supposed, yet he was after all very unex- pectedly set at liberty, without any punishment or paying dam- ages ; by which means he has taken encouragement to proceed against said Town and Committee by endeavoring to take advan- tage of law, and has interceded with some magistrate to grant him a writ, by which means he has recovered the tea before men- tioned, and has summoned the officer, who served the warrant to take the tea, to make his appearance at the next Quarter Ses- sions to be holden at Worcester, to answer for his default; and is further endeavoring to take advantage of the Town and Com- mittee, in an insulting and impudent manner, by threatening to commence divers law-suits against them for their proceedings against him and his estate as before expressed.
" And whereas this town in a particular manner has had the hard fortune to suffer greatly by being infested with villains of this kind, beyond what has been undergone by many towns in this State, it must give your petitioners great uneasiness to see one which we think in no case ought to have the advantage of law suffered to disturb the town, and, if it were in his power, in-
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volve the whole land in ruin and misery. Your petitioners there- fore humbly pray the Honorable Court would take the matter into their wise consideration, and point out some effectual method to bring the matter to a speedy issue. And your petitioners, as in duty bound, shall ever pray. Dated at Hardwick, the 18th of February 1778.
" WILLIAM PAIGE, THOMAS ROBINSON, DAVID ALLEN, Selectmen. TIMOTHY PAIGE, TIMOTHY NEWTON,
" Signed per order, WILLIAM PAIGE, Chairman " (of the Com- mittee of Correspondence. ) 1
June 3, 1778. " In the House of Representatives, on a petition of the Selectmen and Committee of Correspondence of the town of Hardwick, setting forth that Jonathan Danforth of said Hard- wick hath conducted in an inimical manner towards this and the other United States, &c., and has commenced two actions at law, one against Timothy Paige, the other against Thomas Robinson, both of said town, which actions are to be tried at the next In- ferior Court of Common Pleas to be holden at Worcester on the second Tuesday of June instant : Resolved, that the petitioners serve Jonathan Danforth of Hardwick with a copy of their peti- tion and the order thereon, that cause may be shewn, if any there be, on the second Tuesday of the next setting of the General Court, wherefore the prayer of said petition should not be granted ; and notice be given to said Danforth fourteen days at least before the second Tuesday aforesaid ; and that all processes brought against the inhabitants of said Hardwick by said Dan- forth be stayed in the meantime. In Council. Read and con- curred. Consented to by fifteen of the Council." 2
At the time appointed, the following depositions (and several others) were presented, and are still preserved ; the first, here inserted, was dated September 26, 1778, and taken by Paul Man- dell, Esq. ; the others were taken at the house of Eliakim Spooner in Hardwick, September 14, 1778, by John Mason, Esq., of Barre.
" I, Uriah Higgins, of Hardwick, of lawful age, testify and say, that, in the month of December 1775, I was at Albany, and see Jonathan Danforth of said Hardwick purchase about half a bar- rel of Bohea Tea, which he brought to Hardwick for sale, as I took it.
URIAH HIGGINS." 3
1 Mass. Arch., ccxix. 440-443.
2 Gen. Court Records, xxxviii. 538.
3 Mass. Arch., ccxix. 459.
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" I, Gamaliel Collings, of Hardwick, yeoman, of lawful age, doth testify and saith, that at Worcester, in the year 1776, at the Inferior Court held there, I was in company with Deac. William Paige of Hardwick, one of the Committee of Correspondence, [who] had Jonathan Danforth of said town in possession as a suspected person of treason against these States. Deacon Wil- liam Paige not knowing what method to commit said Danforth, and said Paige asking Judge Moses Gill in what manner he should proceed with said Danforth, the said Judge Gill replying that the Committee had authority to commit to goal any person that the Committee should think was an enemy to their country. Further saith not.
GAMALIEL COLLINGS.
" Question put by the Committee to said Collings : Did Judge Baker give any advice respecting said Danforth ? Answer : Yes; after said Danforth was committed to goal, I heard Judge Baker say that there had not been much law in the land, only the law of the Committees, and that the Committees had a right to com- mit any person for treason, till further order of the Court." 1
" I, Jonathan Warner of Hardwick, being of lawful age, testify and say, that, agreeable to a Resolve of the Provincial Congress directing the several towns to call on their constables for the out- standing moneys in their hands, Jonathan Danforth being one of the constables, said Danforth being at my house, the question be- ing asked him where he would pay the money he had in his hands, his answer was, he would not pay the money to Hardwick or their Committee; he was not accountable to them for said money ; he either would see them damned first, or he would be damned before he would pay the money ; and said, I swear, be- fore I will pay the money to Henry Gardner, Esq., he would pay the money to Harrison Gray. In May 1775, after the Battle of Lexington, the people of Hardwick met for the purpose of raising men ; said Danforth, instead of appearing with his arms like a good soldier, he rode his horse round the companies in an insult- ing manner. And further saith not. JONATHAN WARNER." 2
"I, Thomas Robinson of Hardwick in the County of Worces- ter, of lawful age, testify and say, that in the month of Novem- ber, 1774, being one of the Committee of the town of Hardwick appointed to examine the constables concerning what public mon- ies they had not paid in, Jonathan Danforth, being one of the constables, refused to give any account to said Committee, which refusal he repeated in public town-meeting; upon which, being
1 Mass. Arch., ccxix. 458. 2 Ibid., ccxix. 445.
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told by the deponent that he must account for the monies as re- quired, or he should be given up to the people, he replied, ‘ damn you all.'1 In the spring of the year 1775, the whole militia be- ing together, consisting of divers companies, the said Danforth, instead of bearing arms, rode amongst us, to the no small disturb- ance of the companies. Further saith not.
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