USA > New Hampshire > Sullivan County > Charlestown > History of Charlestown, New-Hampshire, the old No. 4 > Part 18
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HISTORY OF CHARLESTOWN.
And be it further enacted by the Authority aforesaid, That the said Committee of Safety be and hereby are empowered to authorize the Sheriff of the said County of Cheshire to call upon the Sheriff's of any, or either of the other Counties in this State, to raise the Body of their respective Counties, to aid and assist him in executing the Order of the Committee of Safety, either to release the Persons imprisoned as aforesaid or to apprehend the Person or Persons imprisoning them and to convey the said Offenders to any Prison within this State, and also to command the Aid of any Officer or Officers of the Militia or Troops of this State which may at the Time be within the limits there- of and commanded by any officer commissioned by this State and all officers and other subjects of this State shall yield due Obedience to such command.
And be it further enacted by the Authority aforesaid, That the several and respective Courts of Judicature in the County or Counties, where the said Offender may be confined, be, and they are hereby respective- ly impowered to hear, try and determine any Process or Processes against the said Offenders, and to give Judgment and award Execu- tion thereon in the same manner as though the offence had been com- mitted within the Body of the County where such Trial is had ; any Law, Usage or Custom to the contrary in any wise notwithstanding.
State of In the House of Representatives New-Hampshire § November 27, 1781
The foregoing Bill having been read a third Time Voted that it pass to be enacted.
Sent up for concurrence,
WM. WHIPPLE, Speaker, P. T. In Council Nov. 28th, 1781.
This was read a third Time and Voted that the same be enacted.
M. WEARE, President. Copy examined by Joseph Pearson D. Sec'ry."
Armed with the above authority, in obedience to the injunction of the New-Hampshire Assembly, Col. Hale, the Sheriff of Cheshire County repaired to Charlestown for the release of the prisoners there confined. But being refused admission to the jail, for that object, re- lying upon the power conferred upon him, he made a violent attempt, with such implements as he had at hand to break it open. But in this attempt the jail and jail-keeper, Mr. Isaac H. Ely, were too much
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HISTORY OF CHARLESTOWN.
for him, and he did not succeed, but the next day was arrested, for his attempt, on the following warrant, and committed to jail himself.
"State of Vermont ) Whereas Enoch
Washington ss., § Hale, Esq., hath this day been brought before us, Benjamin Giles, Nathaniel S. Prentice, Elijah Bingham, Esq'rs., three of the Justices of the Peace for said County, on a Complaint exhibited against him by Isaac H. Ely for attempting to break the Common Gaol in said Charlestown, in said County, with an intent to release Nathan'l Bingham and John Grundy, jr., their Prisoners in said Gaol, which fact being fully proved by the oaths of the said Isaac H. Ely and Isaac Griswold, the said Hale was ordered to recognize for his appearance at the next County Court in said Coun- ty, in the sum of five hundred pounds, with sufficient surety or stand committed ; and the said Enoch Hale refusing to Recognize, these are therefore, in the name and by the authority of the free mnen of the State of Vermont, to command the Sheriff of the said County of Wash- ington, his Deputy or Gaol-Keeper to receive the Body of the said Enoch Hale, and him detain in the Common Gaol in Charlestown in said County, until he shall be discharged according to Law, for which this shall be your warrant. Given under our hands at Charlestown, this 29 day of Nov. A. D. 1781.
Attest a true copy BENJ'A GILES, ISAAC H. ELY, ) NATHANIEL S. PRENTICE Gaol-Keeper. ELIJAH BINGHAM.
A true copy of a copy attested by said Ely.
Attest ENOCH HALE.
According to the within Mittimus I have committed the within Enoch Hale to the Gaol in Charlestown,
Charlestown, Nov. 29, 1781.
ISAAC GRISWOLD, Dep'ty Sheriff.
A true copy,"
On being committed, Colonel Hale immediately applied to Dr. Wil- liam Page, the Sheriff of Washington County, for a release on Parole, for the purpose of consulting General Benjamin Bellows, at Walpole, and calling on him to raise the militia, according to the order of the New Hampshire Assembly ; which application was very courteously granted. The General, on being consulted, did not deem it advisable to call out the militia of Cheshire County, and the Colonel, after having
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HISTORY OF CHARLESTOWN.
arranged with him to forward by express the state of affairs to the New- Hampshire Assembly, returned again to Charlestown, where being allow- ed the liberty of the yard, he established himself to await the turn of fortune in his favor.
The result of the attempt by Colonel Hale to release the prisoners, Bingham and Grundy, was thus communicated to President Weare :
General Bellows to President Weare. " WALPOLE, November 29th, 1781.
SIR, The methods taken by the General Assembly for Liberating Messrs Bingham and Grundy, are so far from being Effectual for that Purpose, that the Authority of Vermont have imprisoned the Sheriff of the County of Cheshire, who was sent here for the purpose aforesaid. The Authority of the said Vermont are Determined to keep the Gaol and their Prisoners, and also to withstand and oppose (by Force of arms) all the Sheriff's and their Posses who may be employed by New-Hamp- shire to Counteract any of their Purposes or Designs. It is said that they can raise by their account Six Hundred men at the shortest notice, who will resolutely dispute the ground Inch by Inch. That the Posse should be raised to carry the orders of this State into Execution now, is absolutely necessary. Something effectual must be done ; dallying will not answer, and unless some force can be obtained from without the County of Cheshire, it will not be advisable to dispute the Ground any Longer. You can't but be sensible of the ill Consequences of such an attempt from within ourselves, within this County, and Especially with- in the Grants ; for should the friends of New-Hampshire Generally ex- ert themselves at this time, it would universally alarm the Vermonters ; and many who would not otherwise arm in this Quarrel would Exert themselves to the utmost to oppose the orders of the Assembly, and all the New-Hampshire Authority. I should think that if New-Hamp- shire are Determined to Support and Protect their friends in this Quar- ter, and to maintain their Jurisdiction, it will be absolutely Necessary, that a Sufficient force should be collected without the Grants be sure, if not from without the County of Cheshire. You will put yourself in our Circumstances and Especially in those of the Sheriff and the other prisoners, and I think you can't Hesitate a moment respecting what is necessary to be done and how it is to be done.
I am with Esteem Your Honor's
Most Ob'd't Humble Serv't
Hon'ble M. Weare.
BENJAMIN BELLOWS."
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HISTORY OF CHARLESTOWN.
December 4th, 1781. The Committee of Safety having met (being summoned by his Honor the President) took into consideration the fore- going communication from Honorable Benjamin Bellows ; but not be- ing fully prepared to act upon it, their meeting was adjourned till the following day. The next day the Committee gave directions to the Sheriff of the County of Cheshire inclosing two warrants. They moreover issued orders to Brigadier General Moses Nichols of Amherst, and to Brigadier General Benjamin Bellows to furnish troops from their command, for the release of Colonel Hale, and the other prison- ers. They also ordered Francis Blood Esq., of Temple, to supply the troops with provisions for the expedition.
Before any action on the part of the Committee of Safety, Dr. Wil- liam Page the Sheriff of Vermont, for Washington County, taking counsel from the letter of General Bellows to President Weare of the 29th of November, of the contents of which he was well informed, deeming a force would immediately be despatched by New-Hampshire for the liberation of Colonel Hale, in order to be in readiness on his part against any attempted release of his prisoners, addressed the fol- lowing to Colonel Samuel King.
" State of Vermont, 2 Charlestown, Dec. 1st. County of Washington S A. D. 1781. SIR :
Two men belonging to Chesterfield have been taken by the Au- thority of this State and Committed in the Gaol in Charlestown for opposing the Constable of said Chesterfield in the execution of his office. Intelligence of which has been sent to the General Court of New-Hampshire who did Resolve that Colonel Hale Proceed to said Gaol and Release the Prisoners ; and in case of Resistance to call on the Civil and Military Authority of the State of New-Hampshire, to support him, meaning the County of Cheshire. Colonel Hale arrived here on the 28th of November last, and Demanded the Prisoners. They being Refused he attempted to break Gaol in order to Release them. for which he was taken and Committed to Prison. Was released on his Parole for the Purpose of Consulting General Bellows, and calling on him to Raise the Militia, agreeable to the order of said Court, but the General Refused to do it. The Colonel is Returned and is now under confinement having the liberty of the yard. On the Evening of the 29th, General Bellows Sent an Express to the General Court of New-Hampshire now Sitting, Excusing himself for not Raising the
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HISTORY OF CHARLESTOWN.
Militia, and informing them, that if the Militia are to be Raised it would be best to Raise them without the Limits of this County for the Relief of Colonel Hale. Doubtless there will be a force sent to Relieve him. In which case I shall call on you for assistance to with- stand any Force that may be sent to Relieve him if I am advised to by proper Authority as the Law directs. I wish your Regiment might be notified Without Loss of time to be in Readiness-properly Provid- ed with Provisions, arms and ammunition, to march on the Shortest Notice Should I be under the Disagreeable necessity of Calling for your assistance. I have sent Similar Letters to Colonels Heywood's, Chase's and Child's Regiments-have only to add that if the People that Elected me into office will not turn out at so critical a Juncture to Defend me and the Honor of the State and its Laws, I shall be under the Disagreeable Necessity of giving up a Cause which I under Took for my own and their good.
I am, Sir your most obed't and Humble servant. WILLIAM PAGE, Sheriff.
To Colonel Samuel King.
A copy of the above, Colonel King addressed to Colonel Chamber- lain and the Captains in his Regiment as follows.
" Therefore Sir, I would Desire you to Favor the Captains in your Towns with a Copy of this or with this, and Exert yourself that the men may all be ready to march at the Shortest notice, and Doubt not your nor the Captains Exertions on Such an Important matter, and critical time as I view this to be and wish they may universally turn out in Defense of so Just a cause.
So I Remain your most Obedient Servant,
Dec. 3rd, 1781.
SAMUEL KING, Colonel.
To Colonel Chamberlain, Captain Franklin, Captain Cole and Cap- tain Butterfield.
P. S. I have sent this Day to other Towns in the Regiment, Simi- lar Letters to this."
Col. William Heywood of Charlestown on receiving the same Noti- fication from Dr. Page immediately forwarded it to Capt. Phineas Hutchins of Walpole accompanied by the following note.
" Sir :
I should be glad if you would show this to Captain Hooper and Lieut. Bundy and assist them in Notifying all that are friendly to the
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HISTORY OF CHARLESTOWN.
New State to be in readiness with their arms and ammunition Complete with two or three days provision Each to march to Charlestown on the shortest Notice.
I am your Humble Servant WM. HEYWOOD, Colonel.
Capt. Hutchins." This was superscribed,
" On public service Capt. Phineas Hutchins Walpole."
On the 5th of December Gen. Bellows was notified of the foregoing call for military aid by the following letter.
" Sir :
I beg the Leave to inform your Honor that the pretended Col. King has Sent out By order as I am informed from Dr. Page, to Raise his Regiment to oppose New-Hampshire; and that he Called the Mili- tia of this Town together yesterday to see who would fight against New-Hampshire, and that as I am Credibly informed, there were about sixty turned out as Volunteers for that purpose; and that the said King urged them in the Strongest terms to Stand By one another and by their officers for their Rights against the State of New-Hampshire, assuring them that if they Stood firm New-Hampshire would not fight. It is also reported that he sent over to Col. Sargeant at Brattleborough to assist, But what return unknown. Sir: I thought Proper to in- form you of these movements and I Pray Heaven to give both you and the State of New-Hampshire wisdom to Conduct matters wisely at such a Critical day and juncture. This from your
Most Ob't Humble Serv't
MICHAEL CRESSEY.
Chesterfield, Dec. 5th, 1781. To General Bellows."
Sheriff Page having notified the Militia of the county to be in read- iness against any demand for their services, in case of an attempted re- lease of Colonel Hale, forwarded to Governor Chittenden by express, by Captain Samuel Wetherbe, a report of the steps he had taken and what he had done ; which had the effect to draw forth from the Gover- nor the following letter to Major General Elisha Payne.
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HISTORY OF CHARLESTOWN.
" ARLINGTON, 14th Dec. 1781.
SIR :
I have received dispatches from William Page Esq:, Sheriff of Washington County, which give me to understand that there is a high probability that the Government of New-Hampshire are about taking Coercive measures to compel the peaceable citizens of this State to submit to the laws and authority of New-Hampshire. The Sheriff further desires my special orders in matters relating to the premises and as my Remote situation renders it impracticable that I should have the Knowledge of the particular occurrences which may take place, should such an attempt be made by New-Hampshire, therefore I can only give you general orders in the matter, viz. Provided that New- Hampshire reject the proposals of the Legislature of this State and in- sist upon hostile measures, you are directed to call on such of the mem- bers of the Council, and the Generals Fletcher and Olcott and such of the field officers of the Militia on the East side of the Mountains as you may think proper, and after having consulted matters if need be, you are directed to call on any and all the Militia in this State to the Eastward of the Range of the Green Mountains to your assistance and to assist the Sheriff in carrying into execution the laws of this State, and to defend its citizens against any insult; and provided New- Hampshire makes an attack with an armed force, you are hereby or- dered to Repel force by force ; and in the mean time you will use ev- ery means in your power consistent with the peace, happiness or Digni- ty of this State to prevent the Effusion of human blood, which at this time might be more or less injurious to the common Cause of America, as well as attended with many other serious considerations, and which I pray God may never take place.
I am Sir your Ob't and Humble Serv't THOMAS CHITTENDEN, Captain General, Elisha Payne Esq., Major General.
N. B. Provided a force from New-Hampshire precipitate an inva- sion you must act with that expedition which their manœuvres may Require with such counsel as you can in haste Collect.
T. C.
A True Copy Attest William Page Sheriff."
The Governor having written the foregoing letter to General Payne, addresses, in answer to his despatches, the following note to Dr. Page :
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HISTORY OF CHARLESTOWN.
ARLINGTON, December 14, 1781.
SIR :
I received your despatches of the 9th and 12th Instants, last evening, . by Capt. Wetherbe, have Considered the same ; and do approve of your Conduct in every particular.
I have wrote Major Gen. Payne, in which I have given him partic- ular orders, with the advice of certain Gentlemen therein named to give you such assistance as shall be necessary for the support of Govern- ment in your quarter.
I am Sir with respect Your Humble Serv't
THOMAS CHITTENDEN.
The foregoing orders of Governor Chittenden, and his letter to Dr. Page, were put into the hands of Colonel Ira Allen, whom, owing to the threatening aspect of affairs, the Governor and Council had thought fit to appoint and instruct to repair immediately to the General Court of New-Hampshire, then in session at Exeter, with full powers to concert measures for an amicable adjustment of all disputes with that State. Colonel Allen made no delay in reaching Charlestown, where, on seek- ing an interview with Dr. Page, he found the prospect of a collision im- minent, owing to the determination of New-Hampshire to release Col- onel Hale and the other persons claiming the protection of that State, who were confined in Charlestown gaol. On making himself familiar with the circumstances of the situation, Colonel Allen lost no time in making out several copies of the orders of Governor Chittenden to General Payne, which he distributed among the friends of the eastern union, ostensibly to encourage them to remain firm to Vermont, but secretly contrived to have one copy fall into the hands of a staunch friend of New-Hampshire, who eagerly seized the prize and sent it by express, day and night, to President Weare. He then proceeded on his way to Exeter, only to find such an excitement against Vermont among the people, that a very little added stimulus could scarcely fail to result in a civil war, which it was both his duty and inclination, if pos- sible, to prevent. On his arrival, finding everybody suspicious of him, and even his old and familiar aquaintances so reticent that they were lit- tle inclined to impart information, he almost despaired of gaining a knowledge of the true state of affairs. In these circumstances, he found means to obtain an interview, privately, with Major General Folsom, with whom he was acquainted, and who was commandant of all the
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HISTORY OF CHARLESTOWN.
Militia of the State, and who, he knew, had been friendly to Vermont. From him he learned that, two days before, the General Court had de- termined to raise a military force to assist the civil power to carry into effect the laws of the State on the Connecticut river ; but that, the day before, a copy of Governor Chittenden's orders to Lieutenant Governor Payne having been delivered to President Weare, in which he was directed to "repel force by force," a delay in issning the orders had been occasioned. For if the Militia to the west of Connecticut River were to cross and oppose the authority of New-Hampshire, it would provoke a civil war. Under these circumstances, what further action would be taken was undetermined. This interview was agreed to be kept a profound secret, till all disputes were settled between the con- tending states.
Lieutenant Governor Payne, having received the orders contained in the letter of Governor Chittenden, desiring, if possible, to avoid a collision between the forces of the two states, which in the circumstan- ces appeared probable, addressed the following letter, enclosing a copy of his orders, to President Weare:
CHARLESTOWN, December 21st, 1781.
SIR :
1
I herewith transmit to your Honor a copy of orders received from the Commander-in-Chief of the State of Vermont, issued in consequence of coercive measures, pursuing by New-Hampshire ; from which you will learn my situation.
Inclination and duty conspire to induce my compliance with any measures which reason and justice may point out to avert threatening hostilities, pregnant not only with the horrors of civil war, but also the greatest injury to the United States, whose interest it is our desire, as well as yours, to support-have therefore, by advice of sundry mem- bers of the Council of this State, and other Gentlemen of influence and consideration, now present, appointed Brigadier General (Roger) Enos, and William Page, Esq., in Conjunction with Colonel Ira Allen, (already appointed by the Governor to wait on your Assembly) to state before the said Assembly, the reasonableness of the late proposals of the legislature of Vermont, transmitted to your Honor by a Committee appointed by said Legislature for that purpose, for the settlement of disputes between New-Hampshire and Vermont.
You must be sensible it has ever been our idea to have justice and equity take place in the decision ; and therefore, by the advice afore-
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HISTORY OF CHARLESTOWN.
said (I) renew proposals, that the controversy in respect to the territo- ry, the jurisdiction of which is in dispute between the said States, be decided by an impartial tribunal, on principles of right and equity, in the mode Congress has pointed out by articles of Confederation of the United States, in cases where disputes arise beeween two or more states in respect to boundary, jurisdiction, &c.,-Vermont being allowed equal privileges as the other party in support of their claim-and that hostilities between the said states be suspended till such trial can be had.
We doubt not a compliance, on the part of Vermont, with the above proposals, which appear to us equitable and just ; and are persuaded that New-Hampshire are so possessed of principles of justice and equi- ty, as shall induce a compliance, on their part, and hope for a favora- ble answer, to lay before the Assembly of Vermont, for their Concur- rence at their meeting on the last Thursday in January next.
In case New-Hampshire refuses compliance with equitable terms, (as we view the foregoing) and are determined on hostilities, previous to attempts for an amicable adjustment (I) shall find myself under the disagreeable necessity to execute the orders I have received in raising the force of Vermont, to repel encroachments on its 'jurisdiction exer- cised by consent of the people, and which I doubt not their most spirit- ed exertions to support till the dispute is decided ; confident that New- Hampshire, in case they commence hostilities, must be accountable for the consequences.
I have the honor to be with esteem and respect Your Honor's most obedient and humble servant
ELISHA PAYNE, Lieut. Gov.
His Honor Meshech Weare, Esq.,
President of the Council of New-Hampshire.
On receiving the orders of Governor Chittenden, General Payne had forwarded them to General Samuel Fletcher, and officially notified him to have his forces in readiness, in case of any threatened invasion, to march immediately to Charlestown. To this official notice of General Payne, General Fletcher replied, on the 21st of December, that his or- ders had been attended to, and that he had issued directions to the proper officers under his command, to call out all the Militia east of the mountains, and to see that each man was suitably supplied with arms and ammunition and several days provision, so as to be prepared at a moment's warning to march for the defense of the Eastern Union.
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HISTORY OF CHARLESTOWN.
December 21st, General Enos and Dr. Page received their *commis- sion from Lieutenant Governor Payne at Charlestown, and on the 22nd, set out on their journey to Exeter. By Dr. Page, Colonel Hale wrote to President Weare, commending the attempt which was about to be made to obtain an honorable settlement between the two states. The following is a copy of his letter, which, owing to the prominence of his name in connection with the difficulties to be settled, can scarcely fail to be of interest :---
" CHARLESTOWN, Dec. 22nd, 1781.
Much Respected Sir,
I have this moment an opportunity, by Doct. Page, of Paying my Respects To the General assembly, but the Small Entilegence I have Received since my Confinement Puts me under some disadvantage in Righting. The surspention of opperation on the Part of New-Hamp- shire in Support of there Jurisdiction is to me unknown and I perceive that a further Surspention will be Requested on the Part of the People on the New-Hampshire Grants, which I could not object to in Case that might be Productive of an honorable settlement and the Prevention of human blud.
I have urged the Necessity of Jurisdiction on the Part of New- Hampshire, at least, that it should not be arrested out of our hands without any Trial or Consent-you will now see by the dispatches on there Part, that a Trial is Proposed (Though in the mean time they choose to hold the Key) and in Case the General assembly of New- Hampshire shall Consent to such a Trial to com in for the same in Two Seperate bodies in the line Proscribed by Consideration for settling boundary lines, I. should Expect a surspention of those matters and Govern myself as the wisdom of the General assembly may direct-
* The Commission was as follows :
STATE OF VERMONT.
To Brigadier General Roger Enos and William Page, Esq., GENTLEMEN :
By advice of Sundry Members of the Council of this State, You are hereby ap- pointed and impowered to repair forthwith to the Assembly of New-Hampshire, and in conjunction with Colonel Ira Allen (already there by appointment of the Gov- ernor) use your endeavor that said Assembly consider and concur in the propo- Bals made to them for settlement of the dispute between the two States, relative to jurisdiction, and agree on measures to prevent hostilities, till equitable and impar- tial determination of the said disputes can be obtained.
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