USA > Massachusetts > Worcester County > Barre > Memorial of the one hundredth anniversary of the Incorporation of the town of Barre, June 17, 1874 ... > Part 6
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bravery; but Bunker Hill fought the first Great Battle, and in smoke and dust and gore covered itself with unfading glory. And where were our minute-men on that day of victorious defeat? Loitering and straggling on the road between Barre and Cambridge ? Munching their rations as they halted to rest under the trees of Waltham and Watertown? No, no ! They were there where Patriotism demanded their valor and their blood. They were on that perilous field, in the midst of that thunder-storm of Lib- erty which has cleared the air for a century and the echoes of which are still shaking the nations. They had been attached to Colonel Brewer's regi- ment, of which their gallant neighbor, immediately upon joining it, had been appointed lieutenant-colonel. The command of the company devolved on their townsman, John Black, whilst Benjamin Gates was · its lieutenant, and John Patrick its ensign. To have been thus represented in that grand and awful moment of American history, when the patriots " crossed the bridge and burnt it behind them," is martial honor enough for our town if she had achieved no other. .
Our principal hero of that day deserves a more particular, though it be a very brief, notice.
Colonel William Buckminster was born in Framing- ham in 1736. He was a brother of the Rev. Joseph Buckminster, of Rutland, who was the father of the Rev. Joseph Buckminster, D.D., of Portsmouth, N. H., and grandfather of the Rev. Joseph S. Buckminster,
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the celebrated minister, in the early part of this cen- tury, of Brattle Street church, Boston.
At the age of twenty-one years, William Buckmin- ster removed to this place and purchased a farm. Of recognized character and abilities, he soon became a leading and influential citizen. When the troubles with the mother-country began, he was at once " zeal- ously affected; " and his earnestness continued with- out abatement till the final triumph of our arms. He was active in raising and equipping the company of " Minute men " which he commanded. Mr. Froth- ingham, in his careful "History of the Siege of Boston," bears this testimony to him: "Lieut .- Col. Buckminster acquired much reputation for bravery and prudence in the battle. Just before the retreat, he received a dangerous wound from a musket-ball entering his right shoulder and coming out in the middle of his back. This made him a cripple during life. He was much respected for his sterling integ- rity, patriotism, and goodness of heart." Bancroft speaks of the men furnished from Brewer's regiment who "hastened to the aid of Prescott," "and with them the prudent and fearless William Buckminster, of Barre, their lieutenant-colonel.
His wound disabled him for further service in the war, though his name was continued on the army-list till its close. He returned to his farm, and by his word and spirit inspired his townsmen with courage and zeal to do their full part in the long and severe contest. He was universally respected while he lived;
II
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and in the graveyard where his body was interred is a monument with this inscription: -
" SACRED TO THE MEMORY OF COL. WILLIAM BUCKMINSTER, AN INDUSTRIOUS FARMER, A USEFUL CITIZEN, AN HONEST MAN, A SINCERE CHRISTIAN, A BRAVE OFFICER, AND A FRIEND TO HIS COUNTRY, IN WHOSE CAUSE HE COURAGEOUSLY FOUGHT AND WAS DANGEROUSLY WOUNDED AT THE BATTLE OF BUNKER HILL. HE WAS BORN DEC. 15, 1736, DIED JUNE 22, 1786."
It would be a grateful task to set forth in its various detail the part borne by our town-the men enlisted, the money appropriated, the resolutions adopted, the sacrifices made, the lives given up in camp and on battle-fields - during the War of Independence. I should love to recall the memory and the merits of that ardent patriot, John Gorham, who served under General Lafayette; of William Henry, a daring but kindly officer, as careful of his command in the camp as he was rigorous in the field; of Peter Fessenden, the good soldier and noted wit; of the younger Dan Hawes, still remembered for his eminently Christian character, who gave the freshness of his youth to the cause of his country; of the Holdens, and Rices, and Nyes, and Bacons, and scores besides, whose descend- ants justly glory in the honorable part they bore in the struggles of the Revolution.
But this belongs rather to a history of the town
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than to a commemorative discourse. And I shall content myself with noticing only one other of our soldiers, who was also an eminent citizen. Many here will remember the stalwart form and dignified bearing of General Samuel Lee. Born in this town in the year 1767, he enlisted as a soldier in the army in 1780, being but thirteen years old, though of physi- cal proportions far beyond his years. Joining the army at West Point about the time of Arnold's trea- son, he was transferred to a flying regiment under Col. Alexander Scammel in New Jersey, and took part in a severe engagement, in which one of his townsmen, Silas Smith, fell by his side. He was en- gaged in many actions, Yorktown being the most im- portant, and was honorably discharged at the end of the war. Returning home, he developed superior qualities of mind, and soon acquired such an educa- tion as made him a popular teacher of the common schools and an efficient town-officer. In the militia he rose rapidly till he became a brigadier-general. For many years he served with fidelity on the school- committee. In five legislatures he was a represen- tative. He was also a State senator, and at two successive elections one of the presidential electors for the Commonwealth. A man of unquestioned integ- rity and public spirit, of sound judgment and manly presence, he was one of the most honored fathers of the town. He died Oct. 17, 1839, aged 72 years.
" To Freedom's cause his ardent youth was given, His riper age to rural cares and Heaven."
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Leaving now the disturbances, conflicts, and sacri- fices of the war, we will take up again the thread of our municipal history. " Let us have peace !"
Our town has been bearing, since its full incorpora- tion, June 17, 1774, the name of HUTCHINSON. The public course of Governor Hutchinson had made it an odious name to all earnest patriots. Our people could not patiently endure to date their letters, or sub- scribe their names, or anywhere report themselves, as belonging to Hutchinson. It seemed ignominious; and after bearing the reproach as long as they could, they resolved to take the necessary steps to wipe it out. For this purpose a town meeting was called and a petition to the legislature was adopted. The phraseology of the petition is sufficiently emphatic to express the feeling of the people. It was probably the joint production of Mason and Parker. It is as follows: -
" To the General Assembly of the Colony of Massachusetts Bay, now sitting at Watertown.
" GENTLEMEN, - We your humble petitioners beg leave hum- bly to show that, whereas the inhabitants of a certain tract of land or plantation lying in the county of Worcester, formerly known by the name of Rutland District, being desirous of a new incorpora- tion, did, in the year 1773, petition the General Assembly of this Colony for to be set off as a town, and to have the connection with Rutland cease ; and we so far succeeded in our attempt as to obtain the approbation and concurrence of both houses; but the matter was non-concurred by Governor Hutchinson, who was then in the chair, unless he could have the privilege of filling the blank ; but the House not willing to give up what they viewed as their right, the matter was not completed till Mr. Gage took the
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chair, who very soon after gave us a specimen of what he was, or intended to be, to the Colony, by filling up the blank with that obnoxious name HUTCHINSON, that well-known enemy of the natural and stipulated rights of America, which gave us a very disagreeable sensation of mind, not being able to speak of the town in which we lived but our thoughts were necessarily turned upon that ignominious enemy of mankind, and in a measure filled with shame to tell where we live when requested. Therefore, we, your humble petitioners, on the seventeenth of January last, at a town meeting notified for the purpose of taking the mind of the inhabitants of our town, passed the following votes, viz. : Voted unanimously, To petition the General Assembly of this Colony to take off and cancel that obnoxious name Hutchinson. 2. Voted unanimously, That it would give content to the inhabitants of this town to be incorporated by the name of that ever-memorable friend to the rights and liberties of America, Wilkes. We, your humble petitioners, wishing success to the American cause, ex- pecting our petition to be granted which we in duty are bound shall ever pray.
(Signed) JOHN MASON, NATHAN SPARHAWK, PETER FESSENDEN, ANDREW PARKER,
'Committee in behalf of the Town.
" HUTCHINSON, 5th February, 1776."
John Mason was the representative of the town that year. The petition took the usual course; and on the seventh of November - four months and three days after the Declaration of Independence - an Act was passed entitled: "An Act for Discontinuing the name of a Town in the County of Worcester, lately incor- porated by the name of Hutchinson, and calling the same Barre." With the foregoing title, the Act runs as follows: -
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" Whereas, the inhabitants of the town of Hutchinson have, by their petition, represented to this Court, that, in June, 1774, when the said town was incorporated, General Gage, the then governor, gave it the name of Hutchinson, in honor to, and to perpetuate the memory of, Thomas Hutchinson, his immediate predecessor in the chair of government, whom they justly style the well-known enemy of the natural and stipulated rights of America ; and that, at a town meeting notified for that purpose, they voted unanimously to petition, and accordingly have peti- tioned, the General Court, that the name of the said town might be altered, and that it might no longer bear the disgraceful name of Hutchinson ;
" And whereas, there is a moral fitness that traitors and par- ricides - especially such as have remarkably distinguished them- selves in that odious character, and have long labored to deprive their native country of its most valuable rights and privileges, and to destroy every constitutional guard against the evils of an all-enslaving despotism - should be held up to public view in their true characters, to be execrated by mankind ; and that there should remain no other memorials of them than such as will transmit their names with infamy to posterity ;
" And whereas, the said Thomas Hutchinson, contrary to every obligation of duty and gratitude to this his native country, which raised him from private life to the highest and most lucrative offices in the government, has acted towards her the part of a traitor and parricide, as above described, which has been clearly manifested to the world by his letters lately published ; and, by his having thus acted, it has become fit and just that every honor- able memorial of him should be obliterated and cease ;
" Therefore, be it enacted by the Council and House of Rep- resentatives of the State of Massachusetts Bay, in General Court assembled, and by the authority of the same, that the land lying in the county of Worcester, formerly called Rutland District, and in June, 1774, incorporated into a town by the name of Hutchin- son, shall no longer bear that name, but henceforth shall be called and known by the name of Barre, the aforesaid incorporating act notwithstanding ; and all officers in the said town shall hold and exercise their offices respectively in the same manner as
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they would have done had not the name of the said town been altered.
(Signed) " S. DALTON, Speaker, pro tem.
(Also signed by the Council.) "Nov. 7, 1776."
The petitioners, it will have been seen, suggested the name of Wilkes. John Wilkes, whom they pro- posed to honor, was an English liberal and agitator who espoused our cause zealously, and at that time was much applauded by the patriots. He was a radical of a daring spirit, with vigorous powers of mind, which he employed in the interest of the people against privilege. But he was turbulent and indiscreet; was expelled from Parliament; and upon a second and third election was refused a seat, but was at last ad- mitted to the same Parliament of which Colonel Barre was a member. In compliment to both these friends of America, one of the towns of Pennsylvania took the name of Wilkes-Barre. Wilkes was a man of immense popularity, but was more a demagogue than statesman; and of his personal character no word of commendation can be spoken. Let us rejoice, then, that the " Great and General Court" did not put upon us the name of Wilkes, when it took away the reproach of being called Hutchinson. At whose instance the name of Barre was given to the town is not known. In the Act, as in that incorpo- rating Hutchinson, the place for the name was left blank, and was filled in the council-chamber before receiving the approval of the Executive.
Between the petition and the passage of the Act,
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to wit, on the roth of June, 1776, in town meeting, the following glorious vote was passed: -
"Voted, TO ABIDE BY THE CONTINENTAL CONGRESS IF THEY SHOULD DECLARE US AN INDEPENDENT STATE, AND THAT WE WILL DEFEND THE SAME WITH OUR LIVES AND FORTUNES."
And in less than a month the DECLARATION Was made!
In October of that year, wearied with the pro- tracted struggle which was draining their resources and making fresh demands for men difficult to meet, several of the prominent citizens, in apparent con- travention of the vote so recently passed, drew upon themselves great displeasure by signing a call for a town meeting "to consider Lord Howe's Hand Bill and Declaration, as it appears to us, by said declara- tion, that it contains as much as that all the acts that we complain of should be revised; and if that may be depended upon, that they will be repealed, and our rights and privileges established to us, we take it that is all the Congress prayed for in their petitions; and as all proposals must begin somewhere, we think it is time to know whether the people of this town mean to fight Great Britain only for independency, and if not, that their minds may be known thereon." This was the language of accommodation. It was the expres- sion of a lingering love for the old government and a painful weariness of war. This feeling was shared, it is well known, by large numbers in several of the States. Fortunately, it did not control the action of any. But it ought not to be regarded as impeaching
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either the honor or the patriotism of those in whom it appeared. In this town it was met with decided opposition. A warrant was issued as requested, but at the meeting pursuant, it was "voted, not to act upon the warrant." This vote, undoubtedly, meant not only opposition but indignation; and upon its adoption so true a man as John Black, who led the Barre minute-men at Bunker Hill only a year before, on the January ensuing was summarily dropped from all town offices. John Caldwell, Esq., was visited with a similar fate; and even William Buckminster, still feeble from his severe wound, scarcely escaped it. The town was right. The time for accommoda- tion had gone by. But these good and true men thought, or hoped, differently; and, in consequence, suffered the loss, for a while, of the good opinion of their townsmen. John Caldwell was censured more and suffered longer than the rest; and it is · not unlikely that his impatience at the rejection of his counsels gave some occasion for suspecting his patriotism. The other signers very soon began to participate again in public affairs with the entire confidence and respect of the people of the town; and after a few years he himself was restored to political favor and office.
In the same month of October the town voted " to authorize the present House of Representatives to frame a Constitution of government for the State." But when the constitution had been framed, and the vote was taken on its acceptance eighteen months
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later, April 27, 1778, the town, acting with a great majority of the people of the State, rejected it. Again, in April, 1779, it was voted by the legislature to call a convention of delegates of the towns to meet at Cambridge on the first of September following, for the express purpose of framing a form of government. The convention was held. It was an able and dig- nified body. Many of the most distinguished men of the State were members; among them James Bow- doin, John Adams, John Lowell, Theophilus Parsons, James Sullivan, to name no more. In this important convention, Barre was represented by those clear- sighted and trusty men, always foremost when any grave public service was to be rendered, John Mason, Esq., Lieut. Andrew Parker, and Lieut. Asa Hap- good. A frame of government was agreed upon by the convention and proposed to the people. It was discussed freely, chapter by chapter, in every town of the State, so attentive were the people to all things connected with their rights and liberties. In this town it was carefully examined, and, as it failed to give entire satisfaction, a committee of seven was appointed to report amendments at an adjourned meeting of the convention. This committee consisted of the Rev. Josiah Dana, Ebenezer Rice, Esq., John Caldwell, Esq. (risen again), Benjamin Lee, Lieut. Andrew Parker, John Mason, Esq., and Lieut. Corlis Hinds (a new name). The Rev. Mr. Dana, Chair- man, reported amendments, some of which would hardly find supporters in Barre to-day. (1) "That
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no person shall be eligible to office either as gov- ernor, lieutenant-governor, councillor, senator, or rep- resentative, unless he declare himself to be of the Protestant religion." (2) "That no person shall be eligible to any office in the legislature who does not contribute to the support of the civil government." (3) " That the governor, lieut .- governor, senators, councillors, or representatives, ought not to serve more than four years out of seven." (4) "That no person shall have a seat in Congress and the State legislature at the same time." (5.) " A particular day should be appointed for choice of Representa- tives." (6) " Each town to nominate one Justice of the Peace." These proposed amendments were re- ferred, no doubt, to the appropriate committee; and that was the last that was heard of them. A Consti- tution, in a new draught, was shortly submitted to the people, and their votes for or against it were directed to be taken the first Wednesday in June, 1780; and at that date it appeared that more than two-thirds of the votes were in its favor.
Not long after the adoption of the Constitution, to wit, May 1, 1781, arose the famous " Barre Slave Case," a detailed account of which, from the learned and accurate pen of Professor Emory Washburn, was published a few years ago in "Proceedings of the Massachusetts Historical Society." The case was first tried before the Court of Common Pleas at Worcester, and afterwards, on appeal, before the Supreme Court. There were, in fact, two cases; one
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of Quork Walker v. Nathaniel Jennison, who claimed to be his owner, declaring "that at the time of suing out the writ, and long before, and ever since, the said Quork was the proper negro slave of the said Na- thaniel." To which the plaintiff replied, "that he, the said Quork, is a free man, and not the proper slave of the said Nathaniel," and tendered an issue to the jury, which was joined by the defendant. The verdict was for the plaintiff. The other case was an action brought by Jennison against John and Seth Caldwell, alleging that, "on April 2, 1781, at Barre, a certain negro man named Quarco [the same as Quork] was the plaintiff's servant, and was kept, re- tained, and employed in and about his proper affairs and business; yet, the defendants . unlawfully solicited and seduced the said negro man from the business and service of the plaintiff and em- ployed the said negro in their own proper business; and did hinder, prevent, and molest him in claiming and reducing his said servant to his business and ser- vice," &c., &c. The trial resulted in a verdict and judgment for the plaintiff. The defendants appealed to September term, 1781, of the Supreme Judicial Court; and upon a trial there were found not guilty, and had judgments for costs against the plaintiff. At this same term of the Court an indictment was found against Jennison for assault on Quock Walker, -"the said Quock did beat, bruise, and evilly entreat, and him the said Quock, without warrant, just cause, or lawful authority, did imprison, during the space of two hours, &c."
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This case did not come to trial, as appears by the records, till the April term of 1783, when the ques- tion of the right of slavery under the constitution was fully argued, and it was settled for ever that slavery was wholly abolished in this Commonwealth by the Declaration of Rights prefixed to the Constitution of 1780. It was tried before the full bench, Cushing - Chief Justice. The minutes of the Chief Justice on this trial have been lately brought to light by Mr. William Cushing Paine, the namesake and great grand-nephew of Chief Justice Cushing. Those of his charge cannot fail to be of an interest at this day corresponding to the great importance of the question involved.
" Fact proved.
"Justification that Quack is a slave, - and to prove it 'tis said that Quack, when a child about 9 months old, with his father and mother, was sold by bill of sale in 1754, about 29 years ago, to Mr. Caldwell, now deceased ; that, when he died, Quack was appraised as part of the personal estate, and set off to the widow in her share of the personal estate ; that Mr. Jennison, marrying her, was entitled to Quack as his property ; and therefore that he had a right to bring him home when he ran away; and that the defendant only took proper measures for that purpose. And the defendant's counsel also rely on some former laws of the Province which give countenance to slavery.
" To this it is answered that, if he ever was a slave he was lib- erated both by his master Caldwell, and by the widow after his death, the first of whom promised and engaged he should be free at 25, the other at 2'1.
" As to the doctrine of slavery and the right of Christians to hold Africans in perpetual servitude, and sell and treat them as we do our horses and cattle, that (it is true) has been heretofore
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countenanced by the Province Laws formerly, but nowhere is it expressly enacted or established. It has been a usage, - a usage which took its origin from the practice of some of the European nations, and the regulations of British government respecting the then colonies, for the benefit of trade and wealth. But whatever sentiments have formerly prevailed in this particular, or slid in upon us by the example of others, a different idea has taken place with the people of America, more favorable to the natural rights of mankind, and to that natural innate desire of Liberty with which Heaven (without regard to color, complexion, or shape of noses) (features) has inspired all the human race. And upon this ground our Constitution of Government, by which the people of this Commonwealth have solemnly bound themselves, sets out with declaring that all men are born free and equal - and that every subject is entitled to liberty, and to have it guarded by the laws, as well as life and property -and, in short, is totally repug- nant to the idea of being born slaves. This being the case, I think the idea of slavery is inconsistent with our own conduct and Con- stitution, and there can be no such thing as perpetual servitude of a rational creature, unless his liberty is forfeited by some crim- inal conduct or given up by personal consent or contract.
"Verdict, guilty."
" It can hardly be doubted," says Chief Justice Gray, " that the case of Jennison v. Caldwell is the one to which Chief Justice Parsons, in 1808, referred in these words: "In the first action involving the right of the master, which came before the Supreme Judicial Court, after the establishment of the Constitution, the judges declared that, by virtue of the first article of the Declara- tion of Rights, slavery in this State was no more."*
From the adoption of the Constitution to the Treaty of Peace in 1783, the town was busily and anxiously engaged in providing men, clothing, and money for
* See " Proceedings of the Mass. Historical Society from January to June, 1874." For a full treatment of this whole question, see paper by Professor Washburn in the "Proceedings of the Mass. His. Soc.," 1855- 1858, pp. 191-203.
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