History of Cheshire and Sullivan counties, New Hampshire, Part 7

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 7
USA > New Hampshire > Cheshire County > History of Cheshire and Sullivan counties, New Hampshire > Part 7


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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At an informal meeting of the inhabitants, held on the 27th of April, they chose Timothy Ellis a delegate to meet the committee at Exeter, and to sit, as a member, in the Provincial Congress, whenever they convene. He ex- pressed his willingness to accept the office, but declared that he had not, and could not, in season, procure money enough to bear his ex- penses. The inhabitants, thereupon, "Voted, that he might draw from the treasury four pounds, lawful money."


Soon after the battle of Lexington several Tories, among whom was Elijah Williams, Esq., left this vicinity, and joined the British in Boston.


In the warrant calling a town-meeting on the 7th day of December, one of the articles was, " To see if it be the mind of the town, that the names of those persons who buy, sell or make use of Bohea tea be advertised in the public prints." At the meeting, held on the day ap- pointed, this article passed in the negative ; but a committee of inspection was appointed to see that the resolves of the Continental Congress be complied with. After dismissing two other articles, relating to the troubles of that period, the town unanimously adopted the following resolves, which may be termed the Statute Law of Keene. And here it may be proper to state that no judicial courts were held in the county from 1774 to 1778.


" Whereas, by the unhappy disputes now subsisting between Great Britain and the American Colonies, the laws of several of them have been entirely sub- verted, or wholly neglected, to the great detriment of


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HISTORY OF CHESHIRE COUNTY, NEW HAMPSHIRE.


society, and of individuals, whereby many disorderly persons, taking undue advantage of the times, as a cloak to put their revengeful designs in execution, do wickedly and maliciousły threaten to abuse and destroy the persons and property of many of the good and wholesome inhabitants of the land, and the executive power being thrown by; and the Con- gresses, neither Continental or Provincial, have, as vet, found out or published any method or system of government, for the security of our persons or prop- erty ; and until such a system as they in their wisdom shall see fit, or some other be proposed,-


" We, the inhabitants of the town of Keene, in the county of Cheshire, and province of New-Hamp- shire, legally convened, being desirous of order and good government, and for the security of our lives, persons and property, do pass the following Resolves :


" 1st. It is Resolved, that a committee of three good and steady men of the town be chosen to act upon, and a proper officer appointed to prosecute the Resolves hereafter mentioned.


" 2d. Whereas, profane cursing and swearing are highly provoking to Almighty God and offensive to every true Christian, which we fear, if not discount- enanced, will provoke the Divine Majesty to bring heavy judgments upon us, and still heavier, deliver us up to the desire of our enemies; to prevent cursing and swearing, be it Resolved, that if any person or persons shall profanely curse or swear, and shall be thereof convicted before the committee, by sufficient witnesses or by confession of the party, every such offender shall forfeit and pay to the committee, for the use of the poor of said town, a sum not exceeding three shillings, nor less than one; according to the repeatedness of the offence, and pay cost of prosecu- tion, which cost shall be ascertained by the committee before whom the person shall be convicted, and in case any person, convicted as aforesaid, shall refuse to pay the sum or sums so forfeited and adjudged, he, she or they shall be immediately committed to the common gaol not exceeding ten days nor less than three for said forfeiture, and until he pay all just costs.


"3d. Whereas, it is highly necessary that every person of able body should betake himself to some honest calling, and not mis-spend their time in loiter- ing and tippling in licensed houses or elsewhere in this town, to prevent which,


"Be it Resolved, that if any person or persons, fit and able to work, shall refuse so to do, but loiter and mis-spend his or their time, wander from place to place, or otherwise misorder themselves, by drinking or tippling in any of the licensed houses or elsewhere in this town, after nine o'clock at night, or continue in any of the aforesaid houses above the space of one hour, unless on necessary business, all such persons being convicted of any of the aforesaid articles before said committee, by sufficient witnesses, shall, for every


such offense, forfeit and pay to the said committee, for the use of the poor of said town, the sum of two shillings, and all just costs of trial, which shall be adjudged by said committee, and in case any person, convicted as aforesaid, shall refuse to pay the sum or sums so forfeited and adjudged, he or they shall be committed to the common gaol, there to remain not exceeding ten days, nor less than three days, for said forfeiture, and until he pay all just costs.


"4th. Whereas, personal abuse tends to promote ill blood and discord among society, to prevent which, be it Resolved, that if any person or persons shall smite, or strike, or threaten to abuse or destroy the person or property of another, he or they so offend- ing shall, for the first offense, pay to the said com- mittee, for the use of the poor of said town, the sum of five shillings, and costs of prosecution, and double that sum for the second offense, and for the third or any after offense, shall be imprisoned or publicly whipt, according to the judgment of the committee before whom they are convicted, and in case any per- son, being convicted as aforesaid, shall refuse to pay the sum or sums so forfeited and adjudged, he or they shall be committed to the common gaol, there to re- main not exceeding ten days nor less than four, for said forfeiture, and until he pay all just costs.


" 5th. Further be it Resolved, that if any person or persons shall presume to purchase, or bring into this town, any teas, of what sort soever, until the minds of the Congress respecting that article shall be fully known, shall forthwith deliver up such teas to one or more of the committee, to be stored by them and kept for the owner until the minds of the Congress be known respecting that matter, and in case any person shall refuse to deliver up said teas, the com- mittee have power to imprison him until he does.


"6th. And for the better execution of all and every the foregoing articles, it is Resolved, that all and each of the said committee shall have full power and authority to bring before them any of the inhabitants of this town, or any person residing in said town, that shall offend in any of the foregoing resolves, and upon his or their own views, or other sufficient con- viction of any such offense, to impose the fine and penalty for the same, and to commit the offender until it be satisfied.


"7th. It is likewise Resolved, that the officer ap- pointed shall have power and authority to carry any person that shall be found trespassing in any of the foregoing particulars, before said committee for trial, and, if need be, may command aid and assistance in discharging his trust, and any person refusing to give aid or assistance, as aforesaid, he or they shall forfeit the sum of three shillings for every offence, and have their names inserted in the public Gazette as un- friendly to good order.


"And all masters and heads of families in this town are hereby directed to take effectual care that their


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children, servants and others under their immediate government do not trespass in any of the foregoing particulars.


" Chose Thomas Baker, Eliphalet Briggs and Dan Guild as a committee to judge, determine and act up- on said Resolves and put them in execution, and chose Elijah Blake officer for the purpose mentioned in said Resolves."


This extract informs the reader of the origin of the Committee of Safety for the State, and enables him the better to understand the follow- ing document :


" To the Selectmen of Keene :


"COLONY OF NEW HAMPSHIRE.


" In Committee of Safety, April 12th, 1776.


" In order to carry the unwritten Resolve of the Hon'ble Congress into Execution, You are requested to desire all Males above Twenty-One Years of Age, (Lunaticks, Idiots, and Negroes excepted,) to sign to the Declaration on this paper; and when so done to ! make return hereof, together with the Name or Names of all who shall refuse to sign the same, to the General Assembly, or Committee of Safety of this Colony. "M. WEARE, Chairman.


" In Congress, March 14, 1776.


" Resolved, That it be recommended to the several Assemblies, Conventions and Councils, or Commit- tees of Safety of the United Colonies, immediately to cause all persons to be disarmed, within their respec- tive Colonies, who are notoriously disatfected to the cause of America, Or who have not associated, and re- fuse to associate, to defend by Arms the United Colo- nies, against the Hostile Attempts of the British Fleets and Armies.


" Extract from the Minutes. (COPY.) "CHARLES THOMPSON, Sec'y.


"In consequence of the above Resolution, of the Hon. Continental Congress, and to show our Deter- mination in joining our American Brethren, in de- fending the Lives, Liberties and Properties of the In- habitants of the United Colonies,


" We, the Subscribers, do hereby solemnly engage, and promise that we will, to the utmost of our Power, at the Risque of our Lives and Fortunes, with Arms oppose the Hostile Proceedings of the British Fleets and Armies against the United American Colonies.


" Thomas Frink.


Bartholomew Grimes.


David Willson.


Benjamin Balch.


Ebenezer Day.


Joseph Blake.


Jolın Dickson.


Naboth Bettison.


Abraham Wheeler, Jr.


Eli Metcalf.


Ichabod Fisher.


James Wright. John Houghton. !


Thomas Wilder,


Silas Cook.


Isaac Wyman.


Nathan Blake, Jr.


David Foster.


Nathan Rugg.


Ephraim Dorman.


Stephen Larrabee.


Seth Heaton.


Robert Spencer.


Ebenezer Cook.


Joshua Ellis.


Thomas Baker.


Jotham Metcalf.


Benjamin Archer.


Moses Marsh.


Joseph Ellis. Simeon Clark, Jr.


Simeon Washburn.


Benjamin Ellis.


David Nims.


Ashahel Blake.


Elisha Briggs.


Benjamin Archer, Jr.


Jedediah Wellman.


Samuel Wood.


Jonathan Heaton.


Eliphalet Briggs.


Simeon Ellis.


Nathaniel Briggs.


Benjamin Ellis.


Elijah Blake.


James Crossfield.


Uriah Willson.


Joseph Ellis, Jr.


John Le Bourveau.


Thomas Baker, Jr.


David Foster, Jr.


Thomas Wells.


Timothy Ellis.


Achilles Mansfield.


Gideon Tiffany.


Royal Blake. William Gray.


Michael Metcalf.


Aaron Gray, Jr.


Jesse Clark.


John Daniels.


Gideon Ellis, Jr.


Samuel Daniels.


David Nims, Jr.


Jedediah Carpenter.


Abraham Wheeler.


William Goodenough.


William Ellis.


Adin Holbrook.


Joshua Osgood.


Hezekiah Man.


Nathaniel Kingsbury.


Jeremiah Stiles. Samuel Hall.


Reuben Daniels.


Jonathan Archer.


Cephas Clark.


Abraham Pond.


Ebenezer Carpenter.


Silas French.


Timothy Ellis, Jr.


Eliphalet Carpenter.


Eliakim Nims.


Benjamin Willard.


Caleb Ellis.


Jacob Town.


Joseph Willson.


John Day.


Davis Howlett.


Peter Rice.


Timothy Ellis ye 3d.


Isaac Esty.


Benjamin Willis.


Jonathan Dwinell.


Samuel Chapman.


Thomas Dwinell.


John Balch.


John Connolly.


Abijah Metcalf.


Abijah Wilder.


Henry Ellis.


Zadoe Wheeler.


Luther Bragg.


Daniel Snow.


Seth Heaton, Jr.


William Nelson.


Josiah Ellis.


Israel Houghton.


Benjamin Osgood.


William Woods.


Ebenezer Newton.


Asaph Nichols.


Daniel Willson.


Elisha Ellis.


Ezra Harvey.


Thomas Fields.


David Harris


Michael Sprought.


Obadiah Blake, Jr. Zadoc Nims.


Benjamin Tiffany. James Eddy.


Isaac Clark.


Nathan Blake. Eliphalet Briggs, Jr. Josiah Richardson.


Daniel Kingsbury. Dan Guild.


Andrew Balch. Gideon Ellis.


Samuel Bassett.


Jesse Hall.


Reuben Partridge.


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HISTORY OF CHESHIRE COUNTY, NEW HAMPSHIRE.


" Agreeably to the within direction, we have re- quested all in this Town to sign, as herein set forth ; and hereto annexed the names of all those who Re- fuse to sign within Declaration, viz .:


" Maj. Josiah Willard. Abner Sanger.


Lt. Benjamin Hall.


Thomas Cutter.


Dr. Josiah Pomeroy.


James Perkins.


Samuel Wadsworth.


Benjamin Osgood, Jr.


Robert Gilman.


John Swan.


John White.


James Hunt.


Eleazer Sanger.


"ELIPHALET BRIGGS, JR., )


Selectmen


"JOSIAH RICHARDSON,


of the Town


" JOSEPH BLAKE,


of Keene."


" DANIEL KINSBURY.


The representatives of the General Assembly having desired their constituents to nominate justices of the peace, the inhabitants, April 3d, " Voted, unanimously, that it is the mind of this town that Colonel Isaac Wymau be appointed."


August 2d, " Captain Eliphalet Briggs was chosen a delegate, to meet with other delegates at Walpole, to consult and agree upon such methods as shall be thought necessary for the general good, and our mutual defense and safety." This convention was called by order of a sub-committee of the several Committees of Safety in the county.


The following memorandum is copied from the records of this year, 1777 :


" Whereas, orders were sent from the Court to the Seleetmen, desiring them to assist the commanding officers of the militia in the town, by causing a town- meeting to be called, in order to raise men for the Continental army during the war, in obedience to which, a legal meeting was warned, and the town met on the 31st of March, made several proposals for en- couragement, and voted thirty pounds to each man, if a sufficient number would turn out, but as not any appeared, the meeting was dismissed and nothing voted that was conelusive or valid."


In May or June a court, appointed by the Committee of Safety in the county, was held at Keene, before whom were brought the princi- pal Tories in the county, to be tried for their offenses or opinions. It has not been ascer- tained who were members of this court, but Benjamin Giles, of Newport, and Colonel Hammond, of Swanzey, were probably two. The Tories were guarded by a body of men, of whom Mr. Floyd, of Walpole, was commander.


The court sat nearly two weeks before they came to any decision ; and it was supposed by some, at the time, that the object of this delay was that the violent Whigs, by whom they were surrounded, might become weary and dis- perse, and leave them at liberty to give a more lenient judgment than was demanded. In the end the court decided that the Tories should be confined to their farms, and give bonds for their good behavior.


At a town-meeting held June 11th a com- mittee was chosen " to state the price of articles, labor, &c., as the law directs." The town " Voted to pay to each man that has or shall enlist into the Continental army, for the term of three years, or doing the war, to make up the quota of this town, the sum of thirty pounds, exchi- sive of the bounty given by this State; and also to allow those that have done service in the war heretofore, in the same proportion as fifty- six pounds is for three years; and a committee was chosen to make an exact proportion of what every man had done in the war, in time past, in order that an exact assessment may be made for the above said charge."


Mrs. Sturtevant, who is the widow of Cor- nelius Sturtevant, Jr., the printer, was born in 1770, and is now living with mental faculties bright and vigorous, well remembers that, in early girlhood, when going to school from West Street to the school-house just south of the old Ralston house, she passed the old jail; standing near where the Emerald House now stands. It was made of hewn logs, with a small hole for a window. She and her com- panions often stopped to hear a Mr. Baxter, who was confined there, sing the " Viear of Bray." This Baxter was a Tory, lived in Surry or Alstead, and was probably then confined for Toryism. Tradition speaks of him as wealthy for the time, bold, reckless, fond of enjoyment and of defying public opinion. He doubtless sang the " Vicar of Bray " to reproach and pro- voke the rebels outside for having deserted their King and sworn allegiance to the new govern- ment. He emigrated to Nova Scotia.


The battle of Bennington was fought this year. On the fall of Ticonderoga urgent calls came from the Americans in that region to the


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people of Vermont and New Hampshire to hasten to their assistance.


Major Ellis, Josiah Richardson, Joshua Du- rant and others immediately crossed the Green Mountains, and soon found themselves in front of the Hessian breastwork, sustaining and re- turning an incessant fire. The major, some- what excited, ordered a charge, and himself and most of his men leaped over, among whom was Durant. The Hessians wavered, scattered and fled. Durant pursued a party of three, and gaining fast upon them, the hindmost turned back, their muskets at this moment touching each other. Durant fired first and killed his antagonist. While reloading, the other two turned back upon him. He wrenched his bayo- net from his gun, seized one by the collar, and was about to stab the other, when both called for quarter and surrendered themselves prison- ers. The three were brothers. For many years afterwards Durant occasionally wore, as trophies, a waistcoat and silver-mounted breast- pin taken from the man he had killed.


Mr. Richardson came home with the glory of having captured three Hessians. He allowed the world to believe the story to be true, as in fact it was, but to his friends he admitted that, either from terror or dissatisfaction with their condition, they appeared to be not very unwill- ing captives.


In December, in town-meeting, Captain Stiles, Captain Howlet and Jabez Fisher were succes- sively chosen representative, and each declined accepting the office ; Timothy Ellis was then chosen and consented to serve. The town " Voted to empower the representative to act in behalf of the town in the choice of delegates to the Continental Congress." A similar vote was af- terwards annually passed, from which it may be inferred either that the town did not con- sider their representatives had authority, or that the latter were unwilling to act in this behalf without such a vote.


At a meeting held January 17, 1778, the in- habitants, "after reading and conferring upon the Articles of Confederation of the Continental Congress, voted that it is the minds of the town that they be established by this State.


" Voted, further to instruct the representative


to use his influence in the General Assembly that a free and full representation of every town in this State take place to a Convention, to meet at such time and place as the General Assembly shall appoint," to form a plan of government for said State.


Chose Captain Stiles, Major Ellis and Cap- tain Griswold delegates to meet at Surry, and consult with the delegates of the other towns.


April 27th, Jeremiah Stiles was chosen a delegate to meet in the convention to be held at Concord for the purpose of forming a Con- stitution and plan of government for the State.


At a meeting held March 2, 1779, the town "Voted that the selectmen be a committee to give the representative instructions to use his influence that the delegates from this State to the Continental Congress lay claim to the New Hampshire Grants, so called, provided that Congress will not confirm the same into a new State."


In this year Captain Mack, of Gilsum, probably incited by some of the zealous Whigs in Keene, collected a party with a view of ap- prehending several Tories who resided here, and who were suspected of furnishing the enemy with provisions. On the evening of the 30th of May 1 they assembled at Partridge's tavern, near Wright's mills, on the road to Surry. In the night Mack sent forward several men with directions to place themselves separately at the doors of those houses where the Tories resided, and prevent their escape. At sunrise he rode into Keene, at the head of his party with a drawn sword; and when he came to the house of a Tory he ordered the sentinel standing at the door to "turn out the prisoner." The prisoner being brought out and placed in the midst of his party, he proceeded onward. Having gone through the street, collected all of them and


1 The first line of a song, remembered by an aged citizen, fixes the day when this party visited Keene :


" On the thirty- first of May, Appeared in Keene, at break of day, A mob, both bold and stout."


Those who lived in these times well remember that the muses were not silent amid the din of arms.


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HISTORY OF CHESHIRE COUNTY, NEW HAMPSHIRE.


searched their cellars for provisions, of which he found little, he returned to the tavern of Mr. Hall, and confined them in a chamber.


But, when he first made his appearance, information was sent to Mr. Howlet, who then commanded the militia, of the commotion in the village. IIe instantly sent expresses to warn his company to appear forthwith in the street, with their arms and ammunition. They came about the middle of the forenoon, were paraded, faeing south, in front of the meeting- house, then standing south of where it now does-on a line with the north line of West Street-and were ordered to load their guns with powder and ball. Mack paraded his com- pany across the street from the tavern to the Watson house, facing their antagonists. Col- onel Alexander, of Winchester, who then com- manded the regiment, had been sent for, and now came. He asked Captain Mack if he in- tended to pursue his objeet. " I do," replied he, "at the hazard of my life." "Then," said the colonel, emphatically, " you must prepare for eternity, for you shall not be permitted to take vengeance, in this irregular mode, on any men, even if they are Tories." This resolute speech cooled the ardor of many. After deliberating a while, Mack ordered his party to face about, and led them a short distance sonthward ; and the militia then went into the meeting-house. Not long afterwards the mob faced about again, and marched silently by the meeting-house, towards Surry ; but though silently, they did not march in silence, for the women, as they passed, furnished noisy and lively music, on tin pans and warming-pans, until they disap- peared from view.


At a meeting held July 7th the town chose "a committee to hire and agree with five men to serve in the Continental army, on the best terms they can ;" and the same committee were empow- ered to hire two men for the Rhode Island ser. vice, at the town's charge.


October 20th the town voted to raise three hundred and thirty pounds for paying the charge of raising men for the defense of the State of Rhode Island, and the sum of four hundred and thirty-one pounds for the charge of raising men for the Continental service.


June 27 1780, the town voted to give fifty dollars (as it is valued and stipulated in the aet of court) to each able-bodied man that will engage in the Continental service, in behalf of the town, for the space of six months.


In the warrant calling a town-meeting, to be held July 20th, the following article was inserted :


" Whereas, by an act of the General Assembly of this State, each town is obliged to provide (monthly) a quantity of beef for the use of the Continental army, for the space of five months; therefore to see what method the town will take to procure said quantity of beef."


At the meeting the town voted "to raise eleven thousand three hundred and nine pounds of beef, each person to have liberty to pay his equal pro- portion thereof in beef, or to pay so much money in lien thereof as he was taxed in the last State and Continental tax."


On the 24th of January, 1781, the seleetmen, reciting that, " by a late act of the General As- sembly, cach town is oblige to furnish their quota of men for the Continental army as soon as possible," called a meeting, to be held Febru- ary 7th, " to see what method the town will take to raise their quota."


At a meeting thus called the following votes were passed : "Voted, to choose a committee to make an average of what service each man has done heretofore, as to hiring men or going per- sonally into the service of the United States." Upon further consultation and consideration, it was voted to postpone the average to some future time, and " Voted, to divide the ratable inhabit- ants of the town into twelve equal classes, and cach class to procure a man to serve in the Con- tinental army the space of three years, or during the war upon their own charge, as soon as may be."


At a meeting held April 16, 1782, the town voted to choose a committee to make an account of the service each man has done in the present war, and make an average, so that cach man may have credit for what he has already done; and also to divide or class the inhabitants into twelve equal classes (credit for what each man has done to be given him), and cach class to provide, or hire, a man for the space of three


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years, or during the war, upon their on cost ; said classes to be so made that each pay equal taxes.


At a town-meeting held June 19, 1783, the town "Voted, unanimously, that the representa- tive be instructed to use his influence that all who have absented themselves from any of the United States of America, and joined with, or put themselves under the protection of, the ene- mies of the United States, be utterly debarred from residing within this State." This vote was passed at the request of the representative, Daniel Kingsbury, to be instructed on the sub- ject.




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