History of Cheshire and Sullivan counties, New Hampshire, Part 103

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1886
Publisher: Philadelphia : J. W. Lewis
Number of Pages: 1200

USA > New Hampshire > Sullivan County > History of Cheshire and Sullivan counties, New Hampshire > Part 103
USA > New Hampshire > Cheshire County > History of Cheshire and Sullivan counties, New Hampshire > Part 103

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" We, the Subscribers, are of Opinion that the s'd Mr. Ranna Cossett and Sam'l Cole, Esq'r, be, from and after the 12th day of this, instant, April, con- fined within the Limits of the Township of Clare- mont, in s'd Colony, during the present Contest between Great Britain and the Colonies, unless they or either of them shall be released by certifying their good Behaviour in future to the Com'ee of Clare- mont, or the Subscribers, or upon Application, if they see Cause, to the HIon'ble Council and Assembly of this Colony.

" Also, that Capt. Benj'a. Sumner be subjected in the same manner and within the same Limits as Cossett and Cole above mentioned, or give sufficient bonds, to the acceptance of the Com'tee of Clare- mont, for the time being, obligididing and binding him to his good behaviour, and that neither of the above named persons be seen conversent together upon any occasion whatever, except meeting together at Publiek Worship.

" Furthermore, if either of the above named per- sons shall not strictly and uprightly keep the above Determination, and, being fairly convicted thereof before the Com'tee of Safety of Claremont, that they be and hereby are directed to committ the offender to the Common Goal, there to abide untill released by Order of this Com'ee or the General Assembly of this

"Charleston, March 28, 1776."

CLAREMONT.

Colony, and that their fire arms be still retained in Custody of the Com'ee of Claremont, afores'd ;

" Provided, Nevertheless, that if the afores'd Mr. Ranna Cossett shall be call'd by any of the people of his perswasion specially to officiate in his ministerial office in preaching, baptizing and visiting the sick, this order is not intended to prohibit him therefrom. "A Coppy Exam'nd.

" Attest. NATH'L S. PRENTICE, Clerk."

In the month of February, 1778, Elihu Stevens, Esq., was chosen Representative. At this meet- ing Articles of Confederation, " appointed by the Honorable, the Continental Congress," were adopted.

It was also voted that " said Stevens proceed with justice to use his influence to call a full and free representation of the people of the State of New Hampshire to meet in convention, has been desired by the House of Representatives of said State." " Voted and chose Lieutenant Joseph Ives selectman in the room of Captain Joseph Taylor, as he expects soon to join the American army."

Elihu Stevens came to Claremont in 1775. He was an active and ardent Whig, and being a justice of the peace, an office of considerable dig- nity in those days, was frequently called to sit at the trial of rersons arrested on suspicion of being Tories. So bitter were his feelings toward that class of persons, that according to his judgment it did not require the most conclusive proof to convict a person charged with being a traitor to his country. It often happened, therefore, that of the many trials and convictions before him, nearly all were discharged at the highest courts.

Complaints were often made against the purest patriots in town. A complaint having been once entered, it was thought that no other course could be taken than to arraign and try the party accused. Among others thus complained against was Ichabod Hitchcock, an early settler in town. He was a thorough working Whig, and al- though engaged in no actual service himself, yet he had on certain occasions employed and paid at the same time no less than three persons for service in

the war. At that time he was the only master-car- penter and builder in town, and his services in this line being very much in demand, he chose to send others in his stead. Some evil-minded person circulated the report that Hitchcock had turned Tory. The report having reached the ears of Mr. Stevens, he immediately determined to arrest him. Accordingly, he started out very early one morning in company with his son, both being well armed, in pursuit of Hitchcock. A few rods beyond Hitchcock's house lived a man who was also sus- pected and had been complained against. It was the intention to arrest both at the same time and march them to the village, where they were to be tried. On arriving at the house of Hitchcock they found him at breakfast, and arrested him in the name of the Continental Congress. The son was stationed as guard before the only outside door, and the prisoner was safely confined. The father went to secure the other person. Hitchcock, having finished his breakfast, asked the guard if he had eaten anything that morning, who answered that he had not, and he was politely invited to come in and partake of the good cheer of his prisoner, which invitation he readily accepted, laid aside his gun and sat down at the table ; whereupon Hitch- cock seized the gun and coolly observed to his. astonished guest that he might eat all he wanted, for nobody should molest him, as he had been taken prisoner while in the discharge of his duty to his country as well as himself.

Soon the father returned with the other person, and seeing Hitchcock pacing to and fro before the door in true military style, immediately ordered him to lay down his arms. Hitchcock being some- thing of a wag, assumed an air of innocent igno rance, suddenly replied, " Oh, yes, I made him surrender arms some time ago, and I've got him safe. I'm satisfied he is a Tory and wish that he may be taken from my house as soon as possible." It required considerable explanation before he could be convinced that he was the person actually under arrest ; but after having received satisfactory evidence, as he termed it, that such was the fact, he at once yielded and accompanied his captors to

HISTORY OF SULLIVAN COUNTY, NEW HAMPSHIRE.

the village. The ceremonies of a trial resulted in the discharge of the prisoners, who, as before, availed themselves of every opportunity to aid in the struggles for the country. A few days after this trial the people were alarmed by loud reports, in rapid succession, apparently of fire-arms. Mes- sengers were at once dispatched in the direction of the sounds, with orders to ascertain the cause and return as quickly as possible. Meeting with two or three of their townsmen, the messengers in- quired of them if they had heard the noise, and if they knew the cause. They replied that they heard it, that it proceeded from British scouts, and that a large body of the enemy were eneamped at Cavendish, Vt., and before noon would be in Clare- mont. The messengers turned their horses and hastened back with the news. Among some of the families great consternation and confusion pre- vailed. Hastily they gathered up their movables and hurried away to the fort at Number Four (now Charlestown). But the majority of the people determined to await the result. It was subsequently ascertained that the noise which had occasioned the alarm was caused by some one dashing one upright board against another lying flat on the ground.

At the annual town-meeting in March, 1778, it was voted to divide the town into school districts, and accordingly a division was made, constituting seven school districts. Hitherto, as we have seen, there were only two school-houses in town, and this state of things existed until near the elose of the war; the Whigs patronizing the school on Jarvis Hill, and the Tories sending their children to the house situated near Union Church.

meeting the vote would be reconsidered, and a committee would be chosen to select a spot and report at a subsequent meeting, and, when the time arrived, the people would refuse to accept the re- port. Then it was agreed to refer the matter to a committee comprised of men from neighboring towns. This committee appeared and discharged their duty, and made a report, which the town voted not to adopt. The main cause of these dif- ficulties was that among the church-members themselves there was a division; and, of those compelled by law to pay taxes for the support of the "standing order," there were not a few who had at heart no interest of the welfare of the Con- gregational Society, and were ready to give their influence to promote confusion and increase the already existing difficulties. From 1779 to 1792 a large portion of the records of the town consists of memoranda of the votes and acts of the town respecting the selection of a spot "to sett the new meeting-house on." In 1791, Deacon Matthias Stone, at his own expense, erected a meeting-house on a spot of ground near what was known as the Harvey Draper house, on the road from the vil- lage to the Junction. In the petition for a town-meeting, called at Deacon Stone's request, was the article-" To see if the town will accept of the new meeting-house as a present." Although, from anything which appeared to the contrary, this offer was made with motives of pure benevo- lence, the town refused to accept the gift.

In the records of a town-meeting held August 23, 1779, is the following :

" Then red the Proclamation of the Continental Congress ; att the same meeting red the Bill of rights and Rejected the same by a vote."

In 1779 the prosperity and growth of the pop- ulation had been such that a new meeting-house In town, at this time, was one William McCoy, before mentioned, shrewd, cunning and active, who was more than suspected of rendering service to the spies and emis- saries of the British, and was a source of an- noyance and vexation to every good Whig. Many efforts had been made to detect him in the com- mission of some treasonable act, but he succeeded for the Congregational Church was required. Upon this point there seemed to be no difference of opinion, but as to the best location there was much diversity of sentiment, and was the occasion of considerable feeling and controversy. The matter was agitated in several town-meetings. At one it would be voted that the meeting-house should be located in a particular spot, and at the next in keeping beyond the reach of his persecutors.

CLAREMONT.

Finally, one evening, he was discovered going in the direction of " Tory Hole," in company with a strange, suspicious-looking person. This was enough. He was arrested and brought before Elihu Stevens, Esq., for trial. Notwithstanding that he succeeded in making the principal witness against him contradict himself in several important par- ticulars, yet he was found guilty of treason and ordered to be imprisoned to await trial at the next term of the Superior Court. When the sheriff, Ichabod Hitchcock, who had, a short time before, been arrested for the same offence and discharged, was about to start off with the prisoner for jail, he asked the justice if he had prepared the mitti- mus. The justice, with some impatience, replied, "Take my horse and carriage. If they will hold out long enough to get him to jail, it will be all the mittimus he deserves." It seenis, however, that, in addition to the team, the court furnished the requisite papers of committal, as will appear from the following :

" To Ichabod Hitchcock in Claremont :

"Cheshire ss. Claremont, August 16, A. D. 1779.

"att a Justice Court held in Claremont Before me one of the Justices of the Peace for ye County. of Cheshire, at the house of Edward Goodwin upon a Complaint made to me by Edward Goodwin of s'd Claremont against one Wm. McCoye of s'd Clare- mont of Being Guilty of treason against the States of America; and the judgment of the Court is that ye said Wm. McCoye be committed to Goal for tryal att Next Superior Court to be held in s'd County.

"E. S., J. P.

"[LS] Cheshire SS. to the Constable of Claremont in the County of Cheshire; and to the keeper of the (foal att Charlestown in s'd County: these are to Comand in the name of the Governor and people of the State of New Hampshire: forthwith to convey and deliver into the custody of the keeper of the said ((oal) the Body of Wm. McCoye; charged Before me with being Guilty of Treason against the States of America; the sd keepers are hereby Required to Re- ceive the sd MeCoye into your custody in the sd Goal : and him the sd Wm. McCoye their safely to keep until the Next Superior Court to be held at keen. Unless he shall before that time be thence Delivered

by Due Corse of Law : hearof fail Not as you will answer for your Contempt at your peril. Given under my hand and Seal att Claremont this Sixteenth Day of august in the year of our Lord one thousand seven hundred and seventy nine.

"E. S., J. P. for sd County." " WALPOLE, augst ye 17, 1774. " Sir,-

"M. Howard has Wm. McCoye: Delivered him to Confine in ye Goal at Charlstown, the Goal professant to hold him: I have advised him to Convey him to you to be Confined in the Goal at Keen, the mittimas is Not very well drawn : but if you will take him into your Custody and Indever to keep him Safe, You shall come to no harm I your Humble Servant

" B. B.

" to Mr. Silas Cook at keen."

In the month of May of 1779 the people were alarmed by the intelligence of a messenger from Vermont, that a party of Indians, Tories and English had made an attack upon Royalston, where they had destroyed several houses and taken a number of prisoners; that their course, so far as could be ascertained, was toward Connecticut River. The prospect of the approach of a large body of men friendly to the Tories, who infested this town in considerable numbers, could not but excite ull- pleasant feelings in the breasts of those who would be treated as rebels by the advancing army. The Tories, on the other hand, were in high spirits. For a long time they had anxiously looked for the complete triumph of the British, and now they regarded the wished-for event as near at hand. But the weak and defenseless condition of the Whigs by no means diminished their courage. Immediately a party of men was selected and sent off, with Lieutenant Barnabas Ellis at their head, in the direction of the rendezvous of the enemy. They had not proceeded far, however, when news came that the foe had retreated to Canada. Before the company started on the expedition it was very prudently determined to examine "Tory Hole," where a considerable quantity of provisions were found concealed. These discoveries led to the be- lief that the movements at this spot had some

HISTORY OF SULLIVAN COUNTY, NEW HAMPSHIRE.

connection with the designs of the party which made the descent upon Royalston.

It appears, by a vote passed in town-meeting in April, 1781, that the inhabitants of Claremont, for a short time, at least, took sides with those towns which had seceded from New Hampshire and formed a union with Vermont. The apportion- ment of the State tax for Claremont had been made by the proper authority and sent to the se- leetmen of the town for collection. The selectmen neglected to comply with these directions, alleging that they owed allegiance to another State. Still, they did not feel safe in assuming such a position, and, accordingly, the town voted that " the inhab- itants of Claremont will indemnify the selectmen of s'd Town from cost or damages arising on ac- count of their neglect to make up rates for the tax- bills now on hand, or that shall hereafter come to hand from the State of New Hampshire."

Claremont was not one of the sixteen towns which had petitioned for admission into the union with Vermont, and had been received as early as 1778. It will be recollected that the original territory of New Hampshire consisted of various grants to John Mason from the Council of New England, a body made up of several of the principal nobility of Great Britain, to whom, under that corporate name, "all the land in America, lying between the fortieth and forty- eighth degree of north latitude" had been granted. These grants were made between the years 1621 and 1635, and were limited on the west by a line sixty miles from the sea. This line, being straight, would pass through the towns, of Effingham, Wolfborough, Concord and Rindge. The territory between this line and Connecticut River was granted subsequently to the Governors of New Hampshire. As soon as Vermont had a government, which took place in 1777, a strong desire was manifested on the part of many of the inhabitants of the territory between the Mason line and Connecticut River to unite with the people of this new State. To justify a separation, they contended, as we have already seen, that all the lands west of the Mason line, being royal

grants, were subject to the government of New Hampshire by force of the royal commissions, which were rendered null by the assumed inde- pendence of the American colonies. They, there- fore, claimed that their social condition was but " a state of nature," and that they had a right to form a separate government, or connect them- selves with such others as would consent to a union with them.

Accordingly, sixteen towns on the east side of Connecticut River, on the 12th of March, 1778, presented a petition to be admitted into the union. The matter having been submitted to the people at large, a majority were found to be in favor of admitting the petitioners. As soon as this question was settled, the sixteen towns took a formal leave of New Hampshire. The step, however, was not without its troubles and embarrassments to the State of Vermont as well as to these sixteen towns. An address of Meshech Weare, president of the Council of New Hampshire, to Governor Chitten- den, of Vermont, seemed to bring the Assembly of the latter State to a stand in the union measure. They saw at once that, at most, it was a hazardous experiment, fraught with all the evils and in- justice exhibited by New York in her oppressive acts toward their own State, when struggling for birth. By a series of votes they declared their de- termination to give up further encouragement to these sixteen seceding towns. Such address excited the jealousy of the members from these towns, who, seeing that they were in danger of being sent back to their former allegiance, drew up the following protest, which is copied from the " Vermont State Papers : "

" WINDSOR, October 22d A.D. 1778.

"STATE OF VERMONT SS .- We, whose names are under written, members of the Council and general assembly of said State, beg leave to lay before the as- sembly the following as our protest and declaration against their proceedings on Wednesday, the twenty- first instant in passing the following votes or resolu- tions : 'First, that the counties in this State shall re- main as they were established by the assembly of this State in March last.'

"Second, 'That the towns on the east side of the

CLAREMONT.

river, included in the union with this State, shall not be included in the county of Cumberland.'

" Third, 'That the towns on the east side of the river shall not be erected into a distinct county by themselves.' As by said votes, on the journal of the house may appear, which votes are illegal, and in direct violation of the Constitution of the State and the solemn engagements and public faith, pledged by the resolutions of said assembly ; as by the following observations will plainly appear, viz .:

"1. That as the towns on the east side of the river were never annexed to any county in said State, they are consequently, by said votes, entirely excluded the liberties, privileges, protection, laws and jurisdic- tion of said State ; all which were granted them by the State, by an act or resolve of assembly, passed at Bennington, in June last, containing the union and confederation of the State and said towns ; by which act or resolve of assembly, every town included in the union received by grant from the then State of Ver- mont, all the rights, powers and privileges of any other town in said State; which they cannot be deprived of without their consent, as it is a maxim that the · grantor or grantors cannot reassume their grant witlı- out the surrendry of the grantee or grantees.

" 2. That said votes are in direct opposition to a solemn resolution of this assembly, passed on the 20th inst., establishing the report of the committee of both houses, in which report the assembly have solemnly covenanted to defend the whole of the State, entire, as it then was, including said towns.

"3. That the Constitution of the State, especially the sixth article in the bill of rights, Government is instituted or declared to be a right of every part of the community, and not a part only ; said votes are therefore a violation of the Constitution.

"4. That, so far as the assembly have power, they have, by said votes, totally destroyed the confedera- tion of the State by depriving those towns included in the union of the exercise of any jurisdiction, power or privilege granted them in the confederation; by which the towns in the State are combined and held together as one body. And as no political body can exercise a partial jurisdiction, by virtue of a confed- eration, or agreement of the people to exercise gov- ernment over the whole, it is therefore either void or destroys both the confederation and the Constitution. We do, therefore, hereby publicly declare and make known that we cannot, consistent with our oaths and

engagements to the State, so long as said votes stand and continue in force, exercise any office or place- either legislative, executive or judicial -- in this State; but look upon ourselves as being, thereby, discharged from any and every former confederation and associ- ation with the State."

This protest was signed by the Lieutenant- Governor of Vermont and twenty-six others, most of whom were residents upon the east side of the river. The protesting members immediately with- drew, leaving in the Assembly hardly enough to form a quorum. However just may have been their grounds for this bitter complaint, the As- sembly of Vermont, now fully aware of the danger, as well as the injustice of aiding in the dismemberment of New Hampshire, determined to retrace their steps and rid themselves wholly of the connection. Accordingly, it was decided in session, February 12, 1779, that "the said union ought to be considered as being null from the be- ginning." This decisive step only added to the excitement and chagrin of the protesting members, who immediately took measures for calling a con- vention at Cornish, to which they invited all the towns in the vicinity of Connecticut River to send delegates. The convention met as suggested, but nothing important was done, and the feeling of resentment soon died away.

Doubtless, this would have been the end of the difficulty, had New Hampshire, after having re- claimed her revolted territory, manifested the same regard for justice toward Vermont which she had demanded and received from that State.

Although the former union had been recently dissolved through the agency of Vermont people, yet many towns east of the river were desirous of forming a second connection.

" At a convention of delegates from the several towns in the county of Cheshire, in the State of New Hampshire, held at Walpole, in said county, on the 15th day of November, in the year of our Lord one thousand seven hundred and eighty,

" Voted, That Dr. Page, Colonel Hunt, Captain Holmes, Daniel Jones, Esq., and Colonel Bellows be a committee to confer with gentlemen from any parts of the territory called New Hampshire grants, con-

HISTORY OF SULLIVAN COUNTY, NEW HAMPSHIRE.

cerning the jurisdiction of said grants, and to con- sider what is proper to be done by the inhabitants thereof relative to their jurisdiction, that the same may be ascertained and established."

This committee, after due consideration, reported favoring the union with Vermont, and in conclusion said :

" We, therefore, earnestly recommend as the only means to obtain a union, preserve peace, harmony and brotherly love and the interest of the community in neutral, that a convention be called from every town within the said grants, to be held at Charlestown on the third Tuesday of January next, at one of the clock in the afternoon ; and that one or more mem- bers from each town be appointed with proper in- structions to unite in such measures as the majority shall judge most conducive to consolidate a union of the grants and effect a final settlement of the line of jurisdiction."

This report was signed by B. Bellows, S. Hunt. D. Jones, L. Holmes and W. Page, as committee. and was accepted by the convention.

In accordance with the recommendation of this report, a convention was held at Charlestown, January 16, 1781, consisting of delegates from forty three towns. In this movement Claremont played a part, and for a short season was regarded as within the jurisdiction of Vermont. On the 10th of February following, the convention made application to the Assembly of Vermont for a union of the grants on both sides of Connecticut River, setting forth the importance, necessity and justice of a permanent union of the grants on both sides of the river. They had good reasons for urging such measures. And, among others, it is to be remembered that only those towns which had been granted by Governor Benning Went- worth were engaged in the contliet with New York, which, ever since 1764, had attempted, not only to swallow them up in her jurisdiction, but also to compel them to repurchase their own fire- sides and acres, for the purpose of gratifying the insatiate avarice of the greedy minions of arbi- trary power, at which time these towns were cordially received by the State of Vermont, whose policy it certainly was at that time to gain such

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History of Cheshire and Sullivan counties, New Hampshire, Part 103

Author: Hurd, D. Hamilton (Duane Hamilton) Publication date: 1886 Publisher: Philadelphia : J. W. Lewis Number of Pages: 1200

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1886
Publisher: Philadelphia : J. W. Lewis
Number of Pages: 1200