Proceedings of the Worcester Society of Antiquity, for the year 1881-1882, Part 6

Author: Massachusetts (Colony). Court of general sessions of the peace. Worcester Co. [from old catalog]; Rice, Franklin P. (Franklin Pierce), 1852-1919, ed
Publication date: 1882
Publisher: Worcester, Mass., The Worcester society of antiquity
Number of Pages: 570


USA > Massachusetts > Worcester County > Proceedings of the Worcester Society of Antiquity, for the year 1881-1882 > Part 6


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In the month of April, 1782, the feeling of unrest and dissatis- faction was apparent in many portions of the state and one Samuel Ely was indicted at Northampton for attempting to pre- vent the sitting of the court of common pleas at that place.


* Franklin and Hampden counties were set off from it by act of the Leg- islature of 1811-12.


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HIe pleaded guilty and was confined in jail, but while the guard, who were composed of inhabitants from Springfield, were off duty, Mr. Ely's friends gave him his liberty, for which offence the leaders of the liberating party were confined in the same prison, and an effort was made to release them also. At this the militia of the county, numbering about 1500 men, were called out to protect the jail. But there was no serious trouble, and in the month of November following the General Court passed a law granting the rioters complete pardon.


The fire continned to smolder within the breasts of the peo- ple ready to burst out at any moment into a fearful conflagra- tion that might destroy the life of the young Republic ; and the political war-cloud that was soon to test the strength of this Commonwealth was gathering in its fierceness from day to day, while its black lines were distinctly visible from Boston rolling up its dark folds along the western horizon in a most threaten- ing attitude. For more than four years the people had been looking to the Legislature for relief, but had been disappointed. Little progress had been made ; there seemed to be too much delay. The people could wait no longer. The enthusiastic convention hekt at Hartford had given the people new inspira- tion and confidence, and some of them determined to take the reins in their own hands hoping to accelerate matters; but in this they were not wholly united. While it seemed evident that a large majority of the people in the state west of the county of Middlesex were in favor of the desired reformation, and in full sympathy with the general movement, a considerable portion of them did not deem it wise to resort to violence to accomplish their purpose, and were not willing to join with their more zeal- ous and enthusiastic brothers in taking up arms against the goverment. and were determined to remain neutral in the fight ; but when the repeated calls on the militia, of which they were a part, were made to disperse the insurgents as they collected to prevent the sittings of the inferior courts, that arm of the gov- ernment to which they looked for strength was found to be paralyzed, and the officers of the courts were powerless and helpless in the hands of the regulators, as they styled themselves. Hostilities were carried no further than the preventing of the


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courts of Common Pleas and General Sessions of the Peace from performing legal business. The destruction of life or property was not contemplated by the Regulators any more than it was by the friends of Benjamin F. Butler when they took possession of Mechanics' Hall at a session of the Democratic convention in this city a few years since. They came out to exhibit their strength in numbers and took possession of the Court Houses to show their determination that they meant to have reformation, not only in the laws of the Commonwealth but in the manner of their execution. It was the spontaneous uprising of an over- taxed and overburdened people. But the welfare of public peace is always more or less placed in jeopardy where large or even small bodies of men are assembled together entertaining fixed opinions, and especially where they display a willingness to re-enforce their opinions by physical strength ; and a portion of this impoverished people resolved, perhaps unwisely, to try their success or defeat in that way. Nowhere during the cam- paign was there an assault made by them the object of which was the destruction of life or property, therefore the magnitude of this political movement cannot be measured by the loss of life or the destruction of property : that was studiously avoided by the Regulators and only done near the close of the contest by some of the most exasperated and reckless members of the party.


Worcester county had witnessed her share of conventions. The town of Sutton had perhaps taken the lead in extending the invitations. The first meeting was held in March, 1784, Mr. Ebenezer Davis being chosen presiding officer. For two years the regulators had been gaining strength, and there seem- ed to be little disposition on the part of Gov. John Hancock to push matters to a crisis. But on the election of James Bowdoin as Governor in 1785, the situation on the part of government began to assume a different aspect. In May, 1786, the town of Sutton again issued a call for a convention at Leicester, at which Mr. Willis Hall of Sutton was chosen president. Without adopting any definite plans for the future the convention adjourn- ed to meet at the same place, August 15th, following, at which time 37 towns in Worcester county were represented by dele- gates. A committee was chosen to correspond with other


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county organizations and to prepare on address for the people, and adjourned to Worcester where numerous delegates from other counties, also many persons who were prominent and ac- tive in the movement from different of the state had assembled. As a result of this conference, a petition to the General Court was prepared reiterating their many grievances, which were in substance similar to the list already quoted, and intimated their intention, unless the authorities granted the prayer of their petition, of calling a state convention. At the same time the people were counseled to abstain from taking up arms to stop the courts, means which had already been employed in other counties. To the credit of Worcester county it can be said that her people were not in favor of appealing to arms for a settle- ment of their troubles at this time. The experience of the past ten years had taught them to dread war, and particularly to stand in fear of civil war : they preferred rather to rely on, and appeal to the good sense of the people, believing that in its own good time the right would prevail and the proper legislation would be obtained. The result shows they were wise in that conclusion, for the moment an armed force was arrayed against government, notwithstanding the administration had been dis- tasteful and unsatisfactory, it drew their sympathy, and the party in opposition to goverment lost strength materially in numbers-only the most desperate and reckless were left to carry on the warfare.


The town of Northampton, Hampshire county, had already been the scene of conflict between the citizens and the officers of the courts of Common Pleas and General Sessions. But Thursday the 29th day of August, 1786, the Regulators were again determined that no business should for the present be transacted by that vexations arm of the law. About 1500 men assembled with such arms as they could command, and took possession of the court house and effectually prevented the sit- ting of the official body. This bold step called forth a procla- mation from his excellency, Gov. Bowdoin, in which he appealed to the officers and citizens of the state to suppress such treason- able demonstrations. The Insurgents paid but little attention to the call of the Governor, while the citizens of the counties of


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Hampshire, Berkshire, Worcester, Middlesex and Bristol were in a state of intense excitement. A general outbreak seemed inevitable. The campaign was opened in good earnest ; one scene of excitement after another followed in quick succession, the first point being Worcester. Monday night, Sept. 4th, an armed body of men under command of Capt. Adam Wheeler of Hubbardston, took possession of the court house, and on Tues- day morning a considerable re-inforcement joined the guard, while numerous sympathisers and curiosity seekers gathered about the premises evidently enjoying the spectacle. On the arrival of the hour for convening the court, the Justices and court attendants were seen making their way to the court house, and on reaching the door and finding it guarded by armed men who opposed their entrance, Chief Justice Artemas Ward demanded why this armed force was present and who was in command. Capt. Wheeler replied they had come to relieve the country from distress by preventing the sessions of the courts until the people could obtain relief from their greivances by leg- islation. The Judge reproved the rioters, as he termed them, for the rashness of their conduct and then retired with his asso- ciates to the United States Arms Tavern, where the court was formally opened and immediately adjourned to the next day. Although the community had been forewarned of the intention of the Regulators, and orders had been issued calling out the local militia, the officers reported that it was not in their power to muster their companies, showing conclusively that that arm of the government was in sympathy with the action of the peo- ple. Thus the courts were shorn of their strength, and the judges accepting the only alternative adjourned them to Tues- day, Nov. 21st.


For two days Worcester had been the seat of intense excite- ment. At the first appearance of Capt. Wheeler in the town, his command numbered less than one hundred men, but during Tuesday many recruits joined his company until it numbered four hundred strong, and the greater part well armed. They must have created no little amount of enthusiasm in this quiet, rural town, as they marched up and down Main street to the stirring sound of fife and drum, each man plumed with a sprig


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of evergreen, the emblem of distress. This was the first in- stance in Worcester where a tribunal established for the admin- istration of justice had been interfered with by armed men. Can you not in imagination look back and see the hard handed son of toil, the sturdy yeoman, the legal representative and the aristocrat standing together at the street corner in heated dis- cussion concerning the vital political issues of the day? Can you wonder that people were for the moment excited? By Wednesday the Regulators had accomplished their work for this time and quietly dispersed to their homes.


The Court of Common Pleas for Worcester county, consisted at this time of Major Gen. Artemnas Ward of Shrewsbury, Chief Justice, Joseph Dorr of Ward, Moses Gill of Princeton, and Samuel Baker of Berlin, associates. The Court of General Ses- sions of the Peace for the county, was composed of all the Jus- tices in the county, presided over by one or more of the four above mentioned judges. These two courts are often referred to as one body, in fact their sessions were held together. They were required to meet in the months of February, May, August, and November, each year. Three of the judges constituted a quorum for business as a Court of Common Pleas, while the fourth judge occupied the chair of dignity in the Court of Gen- eral Sessions of the Peace. When questions of importance were pending it was usual for all the judges to sit in the Court of General Sessions. This tribunal had jurisdiction over the mi- nor criminal offences committed in the county. It was to "keep and canse to be kept the laws and ordinances made for the good of the peace and for the conservation of the same, and for the quiet rule and government of our people." To chastise and punish all persons offending against the form of these laws and ordinances "Imprisonments, fines, the whipping post, the stocks and the pillory" were their instruments of punishment. This court was also given the management of the financial affairs of the county, and necessarily had much to do with the enforce- ment of the collection of the obnoxious taxes which so annoyed the people.


The counsellors for the Regulators had now determined on showing a bold front, and to present their claims for redress in


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stronger terms. Their friends in Hampshire county had organ- ized themselves for the purpose of using force when necessary. Worcester county also had produced an armed body of men who had successfully overawed the exactions courts at Worcester ; the militia had thus far failed to respond to the calls made on them to sustain the courts, and to many of the Regulators the way seemed certainly open to success. The courts of Common Pleas and General Sessions of the Peace were next to be held at Concord and Taunton, both on the same day, Tuesday Sept. 12th, and as it had been intimated that at attempt might be made to prevent their sitting at these places, the officers of government resolved to call out the militia for the counties of Middlesex and Bristol, feeling confident that the inhabitants of these districts would prove more loyal than those in the western counties had shown themselves. The call having been made, a delegation from the people of Concord and other towns in the vicinity waited on the proper authorities and asked that the order might be rescinded ; that the popular excitement would be greatly alleviated by so doing, while its enforcement would only add fuel to the flame ; and they would see to it that com- petent committees should be in readiness for the purpose of conferring with such armed men as should appear for the pur- pose of interfering with the courts, who would advise them to desist from the use of force and adopt more moderate meas- nres. The delegates were received with favor and the order countermanded for Middlesex, but was to remain in force in Bristol county conditionally. These well meaning pacificators did not know their men : their good promises did not avail any- thing, for on Monday Sept. 11th, about 100 men under Job Shattuck of Groton and Capt. Nathan Smith of Shirley, entered the town of Concord and hastily construeted a rude camp with boards and posts in which several loads of hay were furnished by the quartermaster to be used for beds while several kegs of rum were on tap to give zest to the occasion. Tuesday, these men took possession of the court house, and set sentinels to guard the place. About two o'clock in the afternoon, one of the Regulators acting as Sergeant, accompanied by fife and drums, went out a short distance from the court house and re-


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turned with about an hundred more armed men under Wheeler of IIubbardston and Converse of Hardwick. A convention of the inhabitants of Middlesex county was there in session ; dele- gates from twenty-six or twenty-seven towns had met at Brown's tavern, but not being acommodated with sufficient room there, anjourned to the meeting house. At the same time the judges, justices and attendants of the courts were at Jones' tavern where they took dinner and were waiting events.


The following notice was posted on the court house door :


To the Hon. Justices of the Court of Sessions of the Peace and Court of Common Pleus, in the County of Middlesex.


The voice of the people of this county is, that the Court of General Sessions of the Peace and Court of Common Pleas shall not enter this court honse until such times as the peo- ple shall have redress from the unmber of grievances they labor under at present, which will be set forth in a petition or remonstrance to the next General Court.


Concord, September 12. 1786.


J. SHATTUCK.


Later in the afternoon it received the following endorsement :


Since writing the within it has been arranged that the Court of Sessions may open and adjourn to the first Tuesday of November next, without going into the court house.


As the Judges concluded it would be unwise to attempt the transaction of business, they sent word to the Regulators that neither court would be opened as it was impossible with the armed force before them.


The Regulators now numbered about 300, some 220 armed with guns, the remainder with swords and clubs, led by Job Shat- tnek of Groton, Nathan Smith of Shirley, Adam Wheeler of Hub- bardston, Abraham Gale of Princeton, Converse of Hardwick, and Morris. During the afternoon of Tuesday some of the sol- diers who had partaken too freely of the stimulating rations, became quite lawless, and one Nathan Smith of Shirley was so reckless that he is reported to have said, accompanying the same with oaths, that every person who did not follow his drum in two hours, whether he be court. town committee, or otherwise,


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should be driven out of town at the point of the bayonet ; and whoever should be left would be "monuments of God's sparing mercy," to which the leader of the company from Worcester county replied, telling Smith that unless he recalled those words, he and his men would never join his company. Smith retracted, they joined forces, and the courts were compelled, at Concord, to yield to the popular demand. At Taunton the Regulators were more successful, although they did not take possession of the court house they turned out in far greater numbers than the mili- tia, and by their presence prevented the sitting of the courts .*


At this time it was estimated that not more than one quarter of the people in the state could be relied upon as being firm supporters of government. This was well understood by the judges of the courts as well as the chief officer of state. But the remaining three quarters of the people while they desired reformation in the government, did not wish its annihilation, for which so many lives had been sacrificed and so much treasure expended. And now the issue came, either to support the government or take up arms to destroy it; there could be no middle course. Many were inclined to wait for the correction of abuses in the new constitution, which at most was but an ex- periment. This kind of feeling took possession of many who had been ardent supporters and participators in the numerous conventions which had created so much enthusiasm throughout the state.


* Here a greater effort was made to get out the militia, or they were more willing to respond to the call, and several companies (about 300 men) re- ported to Major Gen. David Cobb, who took possession of the court house. This force consisted of nine companies ; two from Dalton, under Captains Walker and Talbot ; two or three from Bridgewater, under Col. Orr; two from Raynham, under Captains Hall and Washburn ; one from Rehoboth, under Lieutenants Peak and Carpenter; one from Taunton, under Captain Williams, and one from South Taunton, under Captain Townshend. The Regulators were commanded by David Valentine.


The courts with due deference to the majority and the wish of the people adjourned without day, although in this instance they were sustained and protected by the strong arm of the state.


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While this agitation was going on in Bristol and Middlesex counties, the excitement was running high in the western por- tion of the state. Between two and three thousand men assem- bled at Great Barrington, Berkshire county, to prevent the sitting of the courts in that place. A correspondent, under date of Sept. 16, 1786, writes as follows: "Tuesday last was a melancholy day. From ten r. M. the preceding day until Tues- day eve our streets were crowded with men in arms-discon- tented people of the county, assembled to suppress the courts. The militia were ordered out but only made matters worse. Between two and three thousand men were out, four fifths at least were on the side of opposition. The court met at a pri- vate house and adjourned without day. The court house was strictly guarded. The Insurgents entered the house where the justices were, and at the point of the bayonet extorted such en- gagements from them as suited their capricious and absurd hu- mors .* They opened the prison and set at large those confined for debt, and threatened to demolish the court house."


The Regulators now turned their attention to Springfield, where the Supreme Judicial Court was to convene. It was not because they stood in fear of indictments, for wherever the lower conrts had been able to transact any business, they failed through their jurors of finding bills against any of the Insurgents. The signal for an alarm in Springfield on this occasion was sounded on Saturday afternoon, Sept. 23, by Elisha Porter Esq., high sheriff of Hampshire county, who on his arrival from Had- ley informed the people of Springfield that men were assembling for the purpose of preventing the sitting of the court at that place, and informed Maj. Gen. William Shepard and also order- ed the court house guarded. That night the inhabitants of the town furnished the guard but were relieved Sunday morning by a company of militia from Northampton ; and friends of govern- ment to the number of 800, armed and officered with five or six


* The engagement here refered to, that was forced from the justices, was an agreement not to aet under their commissions until the grievances of the people were redressed, which they signed.


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hundred spectators, all with pieces of white paper in their hats to distinguish themselves from the Regulators. The judges arrived Monday evening and Tuesday morning, and proceeded to business, but adjourned from day to day to Thursday the 28th, and then adjourned without day. The opposition party present on Tuesday morning the 25th was estimated at 600, and by evening had increased to 900 well armed men under Capt. Daniel Shays. They also had their quota of camp followers to the number of 500, all with green boughs in their hats.


The opposing parties seemed to be very equally matched as to numbers, but there appeared to be no desire for crossing swords. They faced each other until Wednesday the 27th, when committes were chosen by each of the contending parties to meet and devise some honorable means for a release from this awkward dilemma of two well armed forces confronting each other, neither wishing to strike a blow, and both ready to offer an excuse for their presence. The conclusion of the joint committee was, that Gen. Shepard march his troops on Con- tinental Hill and there disband; Capt. Shays to march his men to ground adjacent to the court house and disband. every man to immediately return to his home. This was done. and the report goes on to say that in consequence of this disturbance, the high sheriff ordered the criminals confined in the jail in that town to be set at liberty. Quite likely this was a part of the the programme arranged by the committees on Wednesday, the Regulators gaining so much by the compromise.


The feeling of dissatisfaction with the management of the affairs of the state had now become truly alarming. The excite- ment was intense, and quite general throughout the Common- wealth, while the same sentiment had made its appearance among the people of other states-Connecticut, Rhode Island and New Hampshire. In the latter state the legislature having failed to grant the prayers of certain petitions presented by dis- affected persons, those persons organized themselves into an armed force, and on the 20th day of Sept .. 1786, marched in- to Exeter and surrounded the meeting house where both houses of assembly were in session, and tried to enforce their demands with threats of death to any person who should attempt to


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escape until they were granted. Their cry was for paper mon- ey, an equal distribution of property, and a release from debts. During the day the legislators were thus held in confinement without passing a single act for the relief of their their threaten- ing captors. Early on that Wednesday evening the loyal in- habitants of Exeter and vicinity rallied to the relief of their law makers, and the familiar roll of the drum calling the men to- gether, and their loud huzzas for government reached the ears of the insurrectionists, who thought discretion the better part of valor and withdrew rather than provoke an attack which they felt sure would come if they continued longer to hold the legis- lature in confinement. The same evening orders were issued calling out the state militia to quell the insurrection, and on the next day the chief officer in the movement with about forty of his followers were arrested, but only six were detained for trial for treason. Two others were subsequently arrested and tried for the same offence, but all were finally released.


In the Commonwealth of Massachusetts the courts in Middle- sex and Bristol counties were inoperative, while on account of organized armed opposition it was impossible for the courts to transact any business in the counties of Worcester, Hampshire, or Berkshire. This left but a very small portion of the territory of the state under the control of its governor. A proclamation had been issued calling together the members of the General Court on the 18th of October. But the decided stand taken by the opposition party and their bold actions infineneed Governor Bowdoin to issue another call, fixing Wednesday the 27th day of September for their coming together ; and at the opening for business the Governor took occasion to address that honorable body on the condition of affairs within the commonwealth, stat- ing the danger that might come from such unjustifiable actions of the insurgents, and how he had attempted to suppress them. "If the people," he said, "would not be obedient to orders is- sned for their own safety, (referring to the failure of the militia to respond to his call) the consequences were imputable only to themselves." The speech was cordially received, but the major- ity of the General Court was not found in favor of adopting any coercive measures towards the people.




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