USA > Massachusetts > Franklin County > History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. II > Part 77
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MILITARY. MONROE'S REBELLION RECORD.
The following is a list of the soldiers who served during the war of 1861-65 :
Alonzo Axtell, corp., enl. Oct. 11, 1862, Co. B, 52d Regt.
Ehen. Gifford, enl. Oct. 11, 1862, Co. B, 52d Regt.
Moses Nichols, enl. Oct. 11, 1862, Co. B, 52d Regt .; died in the service.
Isaac B. Stafford, enl. Oct. 11, 1862, Co. B, 52d Regt. ; died in service. Henry D. Thayer, enl. Oct. 11, 1862, Co. B, 52d Regt .; died Feb. 5, 1863. Warren Tower, enl. Oct. 11, 1862, Co. B, 52d Regt.
Not specified .- Henry Hicks,* Allen Phelps,* Nathaniel Whitcomb, Myron Whitcomb.
* Died in the service.
HISTORY
OF
HAMPDEN COUNTY, MASSACHUSETTS .*
CHAPTER I.
CIVIL ORGANIZATION-ORGANIC ACTS-COURTS AND BOARD OF COUNTY COMMISSIONERS- COUNTY BUILDINGS-TAXATION.
THE act organizing the county of Hampden was passed on the 25th of February, 1812, and took effect from and after the 1st of August following. For the principal portions of this act see Chapter II., General History of the Valley.
Supplementary acts were passed June 23, 1812, relating to the courts, and June 24, 1812, relating to the registry of deeds for the town of Chester. The external boundaries of the county have been changed in one particular since the or- ganization, which change is set forth in the following act, passed May 25, 1853, to wit :
" AN ACT to set of a part of the Towns of Chester and Blandford, and annex the same to Norwich.
" SECT. 1. So much of the towns of Chester and Blandford, in the county of Hampden, with the inhabitants thereon, as lies within the following described line, is hereby set off from said towns of Chester and Blandford and annexed to the town of Norwich, in the county of Hampshire, and made a part of the said county of Hampshire, to wit :
"Beginning at the southwest corner of Norwich, at a stone monument in the river at Chester village, and running thence north, six degrees four minutes east, in the line between Chester and Norwich, six hundred and ninety rods to a point forty-four rods north of the grist-mill in Norwich known as the Red Mill; thence sontli, fifty degrees forty-five minutes west, seven hundred and eighty rods to a point in the line between Chester and Blandford ; thence south, forty-three degrees forty minutes east, eight hundred and thirty-five rods and thirteen linke to the angle in the line between Blandford and Russell, designated by a tree known as ' Love and Unity tree;' thence north, twenty-eight degrees forty-one minutes east, in the line between Blandford and Russell aud Bland- ford and Montgomery, three hundred and seventy-five rods to the corner known as Rock-honse Corner; thence north, seventy degrees west, in the line between Blandford and Norwich, two hundred and forty rods to the first mentioned bound: provuled, however, that all taxes heretofore assessed, or that may be assessed within thirty days from the passage of this Act, shall be paid in the same manner as heretofore, and the towns of Chester and Blandford, respect- ively, shall be holden to make the same appropriations on the territory this eet off fur roads, bridges, and schools the current year as though this act had not passed; and provided, also, that the territory thus eet off shall remain a part of Chester and Blandford respectively, for the purpose of electing governor, lieu- tenant-governor, and representatives to the General Court, natil the next de- cennial censue shall be taken in pnrenance of the thirteenth article of amend- ment to the constitution, and for the purpose of electing senators so long as the present senatorial districts shall by the constitution be required to be perma- nent; and it shall be the duty of the selectmen of Norwich to make true lists of the persons, residing in the territory hereby set to the town of Norwich, qualified to vote in such elections, and deliver the same to the selectmen of Chester and Blandford, respectively, seven days at least before any such elections, and the said lists shall be taken, revised, and used in the same manner as if pre- pared by the selectmen of Chester and Blandford.
"SECT. 2. The town of Norwich shall, for the territory thus set off, pay annu- ally on or before the Ist day of November, commencing with the year 1854, to the treasurers of the towns of Chester and Blandford the following sums, to wit : to the town of Chester a sum equal to thirteen per cent., and to the town of Blandford a sum equal to two and three-fourths per cent., of all State and county taxes which said towue of Chester and Blandford shall be holden to pay, until the taking and apportionment of the next State valuation.
"SECT. 3. All persons whose settlement was gained by or derived from a resi-
dence on the territory thus set off shall be considered as holding a lawful settle- ment in the town of Norwich."
To take effect from and after its passage.
Among the first acts of the counties of Hampshire and Ilampden, after the passage of the act organizing Hampden County, was the appointment of a committee from each county to make an equitable division of the public property. The following were the parties appointed : Hampshire County, Joseph Lyman, Thomas Shepard, Daniel Wright; Hampden County, George Bliss, John Hooker, John Ingersoll.
On the 12th of November, 1812, they reported the amount of money in the treasury of Hampshire County to be about $2300, of which $1132.38, according to the amount of taxes paid by the respective counties, was the amount belonging to Hampden County.
The amounts due from unpaid taxes, expenses of courts, keeping of criminals, etc., were to be equally divided between the two counties.
The act incorporating the new county of Hampden was passed in a time of great political excitement. Hon. Elbridge Gerry had recently been elected Governor, and the Democratic party was in the ascendency in the State ; and notwithstanding the common belief that our ancestors were more upright in the management of political affairs than the politicians of to- day, it would seem that even then the great object to be arrived at by the victors in a political contest was the possession of the offices.
The organic act, though nominally correct and comprehen- sive, seemed to have a weak point or two in the arrangement of details, particularly in the case of the sheriff, where it was claimed by the Federal party that it failed to make the neces- sary provisions setting forth his exact authority and jurisdic- tion.
The act of incorporation, according to its terms, was to be in force from and after the 1st day of August, 1812. On the 23d day of May of that year the new Governor appointed Jonathan Smith, Jr., sheriff of the county. On the 20th of the same month he had also appointed Hon. Samuel Fowler judge of probate for the county.
These appointments, occurring as they did several months before the county was really and fully in existence, aroused, among the political opponents of Governor Gerry, a deter- mined spirit of resistance, and the necessary steps were at once taken to test the legality of the proceedings.
On the 4th of February, 1813, an order was passed in the House of Representatives requiring the attorney- or solicitor- general to file information, in the nature of a quo warranto, to know by what authority the Hon. Samuel Fowler, Jona- than Smith, Jr., and divers other persons exercised the offices to which they had been appointed. The officers mentioned refused to file the information officially, on the ground that they had not been requested to do so by both branches of the Legislature, and they prayed the advice of the court in the premises, which prayer the court refused to answer until the
* Prepared by Samuel W. Durant.
794
795
HISTORY OF HAMPDEN COUNTY.
persons appointed to the several offices should be heard in the premises, whereupon the proceedings were dismissed.
The next move, which was against Smith individually, was a plea in abatement, in the case of Fowler vs. Beebe et al. On the 17th of August, 1812, one Day, a deputy, had served a writ in the case of Fowler rs. Beebe ; and at the return term thereof, on the last of the same month, Beebe pleaded in abatement that Smith had received a pretended commission, dated May 23, 1812, from one Elbridge Gerry, with the advice of the council, appointing him sheriff of the county of Hampden ; and on the 14th day of August next following Smith appointed Day a deputy-sheriff; whereas on the day of said first appointment there was no such county as Hamp- den, nor any such office as sheriff. To this plea the plaintiff demurred. The counsel in the case were Hon. Samuel Lath- rop for the plaintiff, and Hon. George Bliss for the defendants. This case was technically decided in favor of Smith, who was thereby assumed to be the de facto sheriff.
In the case of the Hlon. Samuel Fowler, appointed to the office of judge of probate at the April term of the Supreme Judicial Court, held at Northampton in 1813, the solicitor- general filed a quo warranto requiring him to show by what warrant he claimed to fill the office.
After the service of summons, Hon. Eli P. Ashmun moved to quash the information upon technical grounds. Mr. Bliss, in the absence of the solicitor-general, replied, and the court overruled the motion. Ashmun then pleaded in bar that, on the 20th day of May, 1812, the said Fowler was duly ap- pointed by Governor Gerry to the office of judge of probate, with the advice of the council, and was sworn by William Gray, the lieutenant-governor, to discharge the duties. After a hearing of the commission and certificate, the solicitor- general demurred, and the respondent joined in demurrer.
Messrs. Bliss and Ashmun argued the cause at length, and with signal ability; and the court, after listening patiently, adjudged the appointment without legal authority, and con- sequently void. Mr. Ashmun moved an arrest of judgment, and the case was continued; but at the next term the court overruled the motion in arrest, enjoined Fowler from receiv- ing or holding the office, and ordered judgment entered against him for costs.
This ended the controversy. The residue of the offices were abandoned, and the Federalists retained peaceable possession.
COUNTY LEOISLATURE.
The general business of counties in Massachusetts has been, like that of many other States, transacted under a variety of forms. From the earliest formation of counties down to the year 1814, Courts of Sessions, or of General Sessions of the Peace, managed county affairs. These courts were made up of a certain number of justices of the peace from the several towns of the county, who met at the county-seat at stated periods .*
From April 28, 1814, to Feb. 21, 1819, the county legisla- tive body was known as the Circuit Court of Common Pleas, which was changed to "Court of Sessions" Feb. 21, 1819, and remained substantially the same (with unimportant modifica- tions) until Feb. 26, 1828, when an act was passed by the Gen- eral Court repealing the act of 1819, and establishing, for the transaction and management of county business, a board of commissioners for each county in the State, consisting, in the case of Hampden County, of three persons, to be appointed by the Governor and council, and to hold their respective offices for the period of three years ; vacancies to be filled by the same authority. They were clothed with (substantially) the same
powers as the Courts of Sessions which they superseded. They were to meet at stated periods, corresponding with the meetings of the Courts of Sessions, and the clerks of the Courts of Common Pleas were made clerks of the boards of commis- sioners.
Under the provisions of the ninth seetion of the organic act, in cases of emergency, where the regular commissioners could not legally determine questions concerning public highways, two special commissioners were to be appointed in certain counties, including Hampden, and clothed with the same powers as the regular commissioners, who were to be sworn and act in such cases.
The county commissioners have control over the public buildings and all property belonging to the county; and also exercise jurisdiction over all highways, public bridges, etc., and in case of abandoned turnpikes take possession of and es- tablish the same as public highways or common roads.
Under the Courts of Sessions committees were appointed to take charge of special highway matters, which were some- times known as highway commissioners, though only acting in a subordinate and temporary capacity under direction of the county commissioners.
By an act of March 11, 1854, the county commissioners were made elective, and divided into three classes. At the first election held in that year they were all elected at the same time for one, two, and three years, respectively, since which one commissioner has been elected annually. The first election for special commissioners was held in 1856. They are both elected at the same time, and hold their offices for three years. The chairman of the board is elected by ballot from among its members.
COURT-HOUSES.
The earliest courts in the region constituting the old county of Hampshire were held in Springfield, and probably in the house of "ye worshipful William Pynchon," who was the first magistrate. Subsequent to the organization of Hampshire County, in 1662, they were held alternately at Springfield and Northampton. From 1792 to 1813 all the courts were held at Northampton.
FIRST COURT-HOUSE, BUILT 1722.
There was no court-house in Springfield until 1722, and the courts were held wherever they could be best accommodated. The earliest legislation we find touching the erection of a court-house is under date of 1721, when the following appears of record :
Nov. 29, 1721 .- " Voted that we will build a Court-House, provided our neigli- boring towns, viz. : Westfield, Suffield, Enfield, and Brookfield, be assisting to ux in doeiog of it. Voted, also, that this town will be at half the cost and charge of said House. Voted that Capt. Luke Hitchcock and Joseph Williston, and John Worthington, be a committee to inform the Towus of Westfield, Suffield, Enfield, and Brookfield of the vote of this town, and to see what the said towns will Doe or give to the Building of said House, aod to make Return thereof to this Town."
"On the 26th of December, 1721, the Inhabitants aforesaid being assembled together, It was voted that Whereas the Inhabitants being lawfully assembled together on Nov. 29, 1791, Did vote they would build a Court-House, provided our neighboring towns, Westfield, Suffield, Enfield, & Brookfield, be assisting to us in Doeing of it ; It is now also voted the said Court-House shall be fourty foot long, and thirty foot wide, and Seventeen foot stod. It was also voted that Joseph Williston & John Worthington, & Luke Hitchcock, Sr., be a committee
* As early as 1652, according to Hon. George Bliss, aod before the erection of Hampshire County, three commissioners were appointed to transact public business for the people of the Connecticut River settlements. These eouimis- sioners succeeded the early magistrates, and continued until the erection of Hampshire County, in 1662.
ยท
796
HISTORY OF TIIE CONNECTICUT VALLEY.
to make provision for and effect the Building and finishing of the Court-House ; and it was also voted that the s'il committee appoint, & they have full power to Concluide upon and determine the place where the said Conrt-Honse shall stand ; & also before the meeting was dismissed or dissolved, there was delivered to the meeting a list of the names of some persons who ilid enter their Dissent against the Rate for Building a Conrt-House and Raising of Money; whome these per- aons are may further appear by said list.
" Voted that there be money drawn out of the Town Treasury to be improved toward Building the Court-House.
" Voted there be Twenty Pounds Drawn out of the Town Treasury, if it be there to be had, and that it be delivered to the Committee that were chosen to effect the bailling of ye said Court-House."
It does not appear that the outside towns made a favorable response to the request of Springfield ; and from the following legislation it would seem that the latter town was at all the expense of erecting the building :
Sept. 10, 1722 .- " Voted that there be a Committee Chosen to consider of and propose some method or way to compose the Differences that have bin or may arise about the Court-House, & to make Report of their proposalls to the Town. Voted that there be Ten in Said Committee. Voted that Lieut. Ephraim Colton, Peletiah Bliss, Increase Sikes, Capt. John Merick, Lient. Joseph Cooley, Samuel Day, Deacon Joseph Ely, Ensign John Miller, Ensign James Merrick, & Jona- than Worthington be the said Committee; and then the meeting was adjourned to the 2d Monday in October next eosning, At one of the clock io the afternoon, being the 8th day of the said month; and according to the adjouroment on said day, the lohabitants above being assembled together, the Committee aforesaid Did present their Proposalls to the Town, which was as follows, viz. : That some part of our Inward Commons be pot under Good Regulations & be exposed to sale toward the Defreighing the charge of Building said Conrt-House, viz. : that so much be sold on the West Side of the Gr't River as to advance the som of Thirty pounds, and so much be sold on the east side of the Gr't River as to ad- vance the sum of sixty pounds ; and that a Committee be chosen to regulate and manage said matter to as Little Dammage as may be to the Inhabitants; & if the Baid sums of thirty Pounds & Sixty Pounds be more than will be needful to finish & complete said Honse, with what is already given and grauted, that the over- plus he paid into the Town Treasury; and if the said sums of Thirty & Sixty pounds will not be enough to finish and complete said House, there be money drawn out of the Town Treasury to Compleat and finish said House; and that a meet person be chosen on the west side of the great River to joyne with the Committee for Building & finishing said Coort-House ; the Inhabitants aforesaid taking the said proposalls into consideration, and It was voted the said proposalls of the said Committee be accepted by the Town ; and it was voted that Deacon Parsons be one of the Committee for Building and finishing said Court-House."
Dec. 12, 1723 .- " Voted that Samuel Day, Lieut. Ephraim Colton, & Thomas Horton be a Committee to examine the accounts of the Committee for Building the Conrt-House.
Jan, 6, 1724,-" Voted that the Selectmen dne from Time to Time agree with some persen to sweep and keep clean the Conrt-House.
Jan. 7, 1724 .- " Voted that the Report of the Committee, viz. : Samul Day, Lient, Ephrain Colton, & Thos. Ilorton, Respecting the Committee of the Court- Honse, be accepted.
" May 8, 1724 .- " Voted that the Assessors doe assess the Iohabitants the sum of Forty & Seven Pounds Ten Shillings & Eleven peace to Defray the cost & charges of Building the Court-House."
This vote was rescinded Jan. 28, 1724.
Dec. 2, 1726 .- " Voted that the Removing the Seats & Inlargeing the Seat for the Judges to sit on io the Court-house be Don and effected at the Cost & charge of the Town, and Lieut. James Warriner & Thos. Marich, Sent, be a Committee to effect said work.
May 16, 1733 .- " Voted that the Committee appointed to Repair the under- piening of the Towo- or Conrt-House cause the same to be done by Square Pillars under each Post on the Back side of the House, and near the Brook, at each end of the House, with good stone, laid io lime, to be done as they judge needful, and all at the expense of the towo."
From all this it would appear that the building was erected at the expense of the town of Springfield, principally, at least, and individuals probably gave, as their means afforded, money, building material, and labor toward its construction. The cost can only be conjectured ; but it would seem that the amount paid by the town was in the neighborhood of one hundred and thirty pounds. Allowing liberally for contribu- tion, the building and lot cost probably less than one thousand dollars. It appears to have been erected during the years 1722, 1723, and 1724. Possibly it may have been finished in 1723.
This building originally stood on ground now occupied by Sanford Street, where it enters Main Street, and the front projected somewhat beyond the east line of the latter street.
There are many conflicting statements concerning the old building ; but it is probable that the terms " Old Parish- House" and " Old Court-House" had reference to it. The
statement of one writer that it was sold to the first parish about the time of its erection is certainly erroneous, for the town still owned it in 1726, as is apparent from legislation concerning it.
Dr. Booth, who collected many interesting facts regarding the early history of Springheld, says it was occupied for court purposes upon the erection of the second court-house in 1821, and afterward, until 1828,* by the town for a hall for public business. In that year a new town-hall was erected, and the old court-house was sold to the First Congregational Parish, which owned it until 1848.
It was used as a chapel and for common-school purposes, and singing-schools were also taught in it. When the courts were removed from Springfield to Northampton, in 1792, it was abandoned for court purposes, but was probably used for a town-hall until the organization of Hampden County, in 1812. About the year last named it was moved to the line of the east side of Market Street, and when Sanford Street was extended eastward it was once more removed to the north side of that street.
About 1843 the first parish sold it to Col. Ithamar Good- man, who shortly after sold it to Philo F. Wilcox, who re- moved it back to Berlin Street and fitted it up for mechanics' shops, raising it up and putting additional doors and windows in the first story. It was afterward used as a carriage-shop by the Messrs. Loomis.
In May, 1872, a part or the whole of the old building was sold to William Mattoon, taken down, and re-erected on the "Continental Field," being the place where a force of in- surgents encamped during the celebrated Shays rebellion. It was during that rebellion that a body of men under Shays himself, or Capt. Luke Day, took possession of the old court- house on the 28th of September, 1786, in order to prevent the sitting of the Supreme Judicial Court.
It was never a convenient building for court purposes. From the way the windows upon the sides were arranged, it would appear that it was erected more with a view to accom- modate religious meetings than for other purposes. The last window in the rear, it will be seen, is above the line of the others, and this was probably caused by a raised platform, or gallery, for the accommodation of the church-singers, or other similar use.
That the old building was used more or less by the courts, upon the incorporation of Hampden County, is apparent from entries upon the records in the clerk's office; and it is prob- able that the county leased or rented it and used it a portion of the time, until the new court-house of 1821 was completed. It is said that the original site of the old court-house cost thirty pounds.
There was a very active and exciting competition upon the location of the new building, commencing about 1819, some account of which may be interesting to the readers of this work. We find in one of the local papers, of date May 31, 1858, an interesting account of this controversy, from which we have compiled the following paragraphs. The article was prepared by Charles Stearns, of Springfield, and is no doubt substantially correct.
It appears that one party favored the location finally chosen, and another a site on State Street, east of the Unitarian Church, and the writer intimates that the division of the first parish and the organization of the Unitarian Society had something to do with the controversy upon the location.
At that time the principal part of the ground now occupied by Court Square was occupied on the southerly part by the old Stage tavern and its outbuildings, and on the northerly portions by the dwelling of Zenas Parsons, who died soon afterward. The tavern stood near the big elm still standing
* The date of the transfer of the old court-house to the first parish is uncer- tain ; some accounts would indicate that it was abont 1826.
797
HISTORY OF HAMPDEN COUNTY.
near the sontheasterly corner of the square, and the Parsons dwelling stood a little north of the other large elm and partly in what is now Court Street. The old First Church stood in front of the present building, and occupied what is now the street passing in front of the modern church, leading from Elm to Court Streets. The old church was sold at auction to Ebenczer Phelps and Alexander Rumrill for $500, and imme- diately demolished. The timbers were many of them used in the construction of other buildings.
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