USA > New Hampshire > Cheshire County > Chesterfield > History of Chesterfield, Cheshire county, N.H., from the incorporation of "township number one," by Massachusetts, in 1736, to the year 1881; together with family Histories and genealogies > Part 7
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Congress at last decided, as an indispensable preliminary to the recognition of the independence of Vermont, that that State should abandon all claims to lands on the east side of the Connecticut, and should be limited on the west by a line running from the north- west corner of Massachusetts, twenty miles east of Hudson river, to Lake Champlain. To this condition the Vermont Assembly was unwilling to accede, and resolved to maintain inviolate the "Articles of Union."
Affairs had now arrived at a crisis. Frequent conflicts of author- ity took place between Vermont and New Hampshire officials, and one that occurred in November of this year came near ending in the shedding of blood. On the night of November 5th, Samuel Davis, of Chesterfield, acting as constable under the authority of Vermont, attempted to serve a "precept" upon James Robertson. Dr. Belknap says that the precept, or writ, was in an action of debt. Robertson happened to be, at the time, in the house of Nathaniel Bingham, who lived a short distance north of the Centre Village, on what is now known as "Wetherbee Hill." Davis was resisted, and at last was obliged to withdraw without effecting the object of his visit. Soon after this affair, Davis made the following com- plaint against John Grandy, Jr., who was also present when he tried to serve his writ :
"To the Hon. Sam'l King, Esqr., justice of the peace, Complains Sam'l Davis, that on the Night of the 5th of Nov'r Instant, being in the house of Nathaniel Bingham in the Execution of his office as Constable, in attempting to serve a precept upon James Robart- son,-that John Grandy did by force and arms oppose him, the s'd Sam'l Davis, and Did Not Suffer him to make his service ; all
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which is against the peace and Dignity of this State : this is there- fore to pray your hon'r to grant a warrant to apprehend the s'd Grandy so that he may be Done with as Law and Justice Doth thereunto appertain, as in Duty Bound your complainant in Duty Bound shall Ever pray." SAM'L DAVIS, Cons.
Thereupon, Samuel King issued a warrant for the arrest of Grandy and his committal to the jail at Charlestown. This war- rant was as follows :
"STATE OF VERMONT, } Whereas Jolin Grandy, jun'r of Chester- WASHINGTON SS. S feald in said County was Conveaned before me Samuel King Esquear one of the Justis of the pease for said Countey, for Impeading and hindring one Sam. Davis Constable of said Chesterfeald Executing his ofis and I proceed to Examin into the matar, the offence ap- peared to me with its Aggravetison to be so notorious and horid that I ordareed the offendar to be bound to the Neaxt Countey Cort; and the said John did refuse to get Bondsman for his appearans at said Cort.
To the Sherif of said County, his Deputy or Eyther of the Constables of the town of Chesterfield, in the name and by the Authority of the freemen of the State of Vermount, you are hereby Required to take the body of John Grandy, jun'r, of said Chesterfield, if he may be found within your Precinct, and him Commit to the Common Gaol in Charlestown in said County, within his said Prison, and our said Sherif or Gaol Keeper is hereby required to keep the said John till he be had before our Justices of our next County Cort to be holden in said County. Hereof fail not, as you will answer on your per- ril. Given under my hand at Chesterfield, this 12th day of November, 1781.
SAMUEL KING, Justice of the peace.
Attest-Isaac Griswold, Dept. Sherif.
A warrant was issued the same day for the arrest of Bingham, by Moses Smith, (Jr.), who was also a justice of the peace com- missioned by Vermont.
STATE OF VERMONT, ¿ WASHINGTON, SS. Whereas Nathaniel Bingham was convented before me, Moses Smith, Justice peace within and for the County of Wash- ington, for impending and hindring, as well as opposing an officer in the Ex- ecution of his office in Chesterfield in the County aforesaid, I thereupon hav- ing taken Into consideration the case aforesaid do adjudge that the said Na- thaniel find sureties to the next County Cort of Common Pleas, to be holden in this County, in the sum of five hundred Pounds Lawfull money, for his appearance at said [court]: These are therefore in the name and By the authority of the freemen of the State of Vermount, to command you, the Sheriff, under sheriff or Deputy or Gaoler of the County aforesaid, to Recive
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the Body of the said Nathaniel and him keep and have in the Gaol of our said County untill he may be had before the Justices of our County Cort or. Cort of Common Pleas, next to be holden at Charlestown, within the County aforesaid. Hereof fail not at your perril. Given under my hand this 12th day of November, A. D. 1781. MOSES SMITH, Justice of the Peace.
Attest-Isaac Griswold, Dep't. Sherif.
The complaint against Mr. Bingham was "that on the aboves'd night, s'd Bingham did by force and arms oppose the s'd Davice, and ordered him to depart his house, and told him that none of his precepts should be served in his house." It appears that Bingham and Grandy both refused to get bondsmen, preferring to go to jail. About the same time, a complaint was made against Lieut. [Wil- liam] Lee, in which he was charged "with threatening to take the life of the said Samuel Davis ; whereupon a warrant is issued and orders given to break up any house where the said Lee may be found." From the last clause of this extract, it is evident that the Vermont party were thoroughly in earnest. However, it is not known that Lee was actually arrested. After Bingham and Grandy had been lodged in jail at Charlestown, they sent the following petition to the General Court of New Hampshire : "To the Hon- orable the Council and House of Representatives in General As- sembly now sitting at Exeter : The petition of Nathaniel Bingham and John Grandy, Jun., of Chesterfield in said County, Humbly shews-That your Petitioners are now confined in the Gaol in Charlestown in said County by two several Mittimuses, the one signed by Samuel King, the other by Moses Smith of Chesterfield aforesaid, for the supposed crime of opposing a Constable acting under the authority of the State of Vermont in said Chesterfield, as by the copies of the Mittimuses herewith transmitted will ap- pear. How far we are justly chargeable with the fact of oppos- ing the said Constable (for we suppose it to be no crime) your Hon- ors will be able to judge from an impartial account of our conduct, presented by the Bearer. The pain we feel from our disagreeable confinement, induces us to trouble the Assembly with this Petition, not doubting but they will grant us such relief as on full considera- tion of our case shall be tho't expedient ; and as in duty bound shall ever pray
NATH'L BINGHAM, JOHN GRANDY, Jun'r.
Charlestown, Nov'r ye 16th, 1781."
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At the same time, Bingham transmitted to the speaker of the House of Representatives this statement : "As the Town of Ches- terfield in the County of Cheshire has been some time destitute of any officers either civil or military who would act under the author- ity of New Hampshire, we were advised by some of the principal Persons in the County to nominate one or two persons as Justices of the peace and return their names to the Assembly to be com- missioned if they tho't proper. We were accordingly assembled for that purpose at my House in said Chesterfield on the evening of the sixth of November Instant. About 8 o'clock in the evening Samuel Davis of Chesterfield aforesaid, who was legally appointed and sworn as Constable for said Town for the present year, but has since taken another oath as Constable for said Town under the authority of the State of Vermont, under which authority only he will act-came in with five others, and after some conversation took a book from under his coat, which I suppose to contain the Laws of Vermont, and said he would be glad to read a paragraph in it. I told him I did not choose to have him read any of the Acts or Laws of Vermont there, and forbade his doing it, and desired him to withdraw, for he interrupted us ; and some one in the com- pany said if he read any riot act there it would be kicked into the fire ; after some other conversation he put up his book, and said he had a Precept against one of the Company, and I forbade his read- ing any Precept under Vermont in my house,-on which he and his attendants left us. On the twelfth of Nov'r ins't, I was taken by a warrant signed by Moses Smith, directed to the Sheriff of the County of Washington, and was carried before the said Smith, and sentenced as set forth in the Mittimus, and kept in close confine- ment untill the afternoon of the 13th instant ; then conveyed to the north part of Walpole, and the next day committed to this Gaol with John Grandy, jun'r, who is in the same situation with myself, except that he was committed by Samuel King. The above is a true state of facts, which I beg leave humbly to submit to the Gen- eral Assembly of the State of New Hampshire.
NATHANIEL BINGHAM.
Charlestown, Nov'r ye 16th, 1781.
To the Speaker of the House of Representatives." It will be observed that Davis gave the date of the attempted
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arrest of Robertson as the fifth of November, and Bingham the sixth. It has not been ascertained which of these dates is the cor- rect one. The above petition and statement having been received by the New Hampshire Assembly, an act was passed by the House, on the 27th of November, authorizing the sheriff of Cheshire coun- ty to release all persons confined in the jail at Charlestown by authority of Vermont. The sheriff was empowered to call upon the sheriff of any county, or even upon the sheriff's of all the other counties in the State, for assistance ; and, if necessary, to call to his aid any military officer of the State, and his troops.
Armed with this act, Col. Enoch Hale, of Rindge, sheriff of Cheshire county, proceeded immediately to Charlestown in order to release Bingham and Grandy. The jailer, Isaac Ely, not only refused to deliver the prisoners, but at once made a complaint against Col. Hale, charging him with an attempt to break the jail, with intent to release Bingham and Grandy. The 29th of Novem- ber, Hale was brought before justices Benj. Giles, Nath'l S. Pren- tice and Elijah Bingham, for examination. These justices declared that the fact of his attempting to break the jail was fully proved, and ordered him to recognize for his appearance at the next county court, in the sum of five hundred pounds, or stand committed. Hale having refused to recognize, he was committed to the Charles- town jail by Isaac Griswold, a deputy sheriff for the new county.
The same day, Gen. Bellows, of Walpole, sent a letter to Meshech Weare, president of the New Hampshire Council, informing him of the imprisonment of the Cheshire sheriff, and urging the neces- sity of taking immediate measures to carry out the orders of the State. "Something effectual must be done," wrote the General ; "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."
The Vermont authorities were now afraid that an attempt would be made, on the part of New Hampshire, to accomplish by military force what the Cheshire sheriff had failed to do. Accordingly, William Page, sheriff of the new county of Washington, sent a let- ter to Samuel King of this town, who was serving the State of Ver- mont as colonel of a regiment of militia, requesting him to hold his regiment in readiness to march "on the shortest notice." The
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date of this letter was Dec. Ist, 17SI. Soon after receiving Sheriff Page's letter, Col. King transmitted it to Col. Chamberlain, prob- ably of Westmoreland. together with one written by himself. Col. King's letter was as follows : "To Col. Chamberlain : I shall trans- mit to you a copy of an Express I Rec'd Sabbath day night from the Sheriff of this county. Therefore, Sir, I would desire you to Favor the Captains in your Town with a copy of this [Page's letter], 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 De- fence of so just a cause. . So I remain your most obedient servant, SAMUEL KING, Colo.
Decem'r 3d, 1781.
To Colo. Chamberlain, Capt. Franklin, Capt. Cole and Capt. But- terfield .*
P. S. I have sent this Day to the other Towns in the Regiment Simelar Letters to this."
Notices were also sent to various other officers in the interest of Vermont, to hold their men in readiness to meet the force which it was anticipated that the government of New Hampshire was going to send into the western part of the State. Col. Samuel King was particularly zealous in the support of the cause of the Grants, and ready to fight, if necessary. The following letter from Michael Cressey to Gen. Bellows, gives us some insight into the state of affairs in Chesterfield at that time : "Sir-I Beg the Leave to in- form your Hon'r that the Pertened Coll. King has sent out, By order as I am informed from Doc. Page, to Raise his Rige'mt to oppose New Hampshire, and that he Called the militia of this Town together yesterday to see who would fight against New Hamp- shire, and that as I am Credably informed there was about Sixty turned out as Vollenters for that Purpose and the sed King Urged them in the Strongest terms to Stand By one another and by thire
*There appears to be no doubt that all these officers belonged to Westmore- land. Col. Chamberlain's Christian name has not, however, been ascertained. Capt. [Nathan] Franklin died in that town. Capt. [John] Cole removed to Londonderry, Vt., where he died. Capt. Butterfield was probably Jonas Butterfield, who had been a lieutenant in Major Whitcomb's Rangers.
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officers for thire Rights against the State of New Hampshire, assur- ing them if they stood firm New Hampshire would not fight; it is also reported that he sent over to Capt. Sarjants at Brattilbrough 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 as this. From your most obedient and Hum- ble Sarv't, MICHAEL CRESEY.
Chesterfield, Dec'ber ye 5th, 1781 ..
To Gen'al Bellows."
In the meantime, the New Hampshire authorities were not idle. On the 5th day of December, the Committee of Safety, at Exeter. issued an order to Moses Kelley, sheriff of Hillsborough county, to raise the body of his county, for the purpose of releasing the prison- ers in the jail at Charlestown, or any other place within the State, who had been committed by authority of Vermont. Sheriff Kelley was also directed to call to his aid all the militia necessary to effect the liberation of said prisoners, and Gen. Moses Nichols and Gen. Bellows were ordered to be ready to furnish a sufficient number of nien, completely armed, and supplied with ammunition, as soon as possible, if called upon by Sheriff Kelley to do so. Besides liber- ating the prisoners, Kelley was to apprehend the following persons : Benjamin Giles. Esq., of Newport ; Nathaniel Sartel Prentice, Esq., of Alstead ; Samuel King and Moses Smith, Jr., of Chesterfield ; Page and Ely, of Charlestown ; and Isaac Griswold, of Keene.
As has already been learned, Giles and Prentice were two of the three justices who ordered the committal of Sheriff' Hale, and Gris- wold was the sheriff who executed the order.
Gov. Chittenden of Vermont having been informed of the meas- ures taken by New Hampshire to maintain its jurisdiction over the seceded towns, sent an order to Gen. Elisha Payne to call out such military forces as would be necessary to assist the sheriff of. Wash- ington county in the execution of the laws, provided New Hamp- shire insisted upon hostile measures. Gov. Chittenden concluded as follows : "* and provided New Hampshire make an attack with an armed force, you are hereby ordered to repel force by force ; and in the meantime you will use every means in your power, consistent with the peace, happiness and dignity of this
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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."
This order bore the date of Dec. 15, (1781). Gen. Payne sent a copy of this order to President Weare of the Council, at the same time proposing measures for an amicable settlement of the difficul- ties. December 21st, Gen. Roger Enos and William Page, sheriff of the new county of Washington, were authorized to go to Exeter in order to use their endeavors to bring about a settlement of the dispute between the two States. They were to act in conjunction with Col. Ira Allen, who had been already appointed by the Gov- ernor of Vermont for that purpose.
When Page arrived at Exeter, he was seized by the New Hamp- shire authorities, and imprisoned. Enos and Allen, notwithstanding the arrest of Page, signified their desire to enter upon the business for which they had been commissioned.
The persons for whose arrest orders had been given by the Com- mittee of Safety, Dec. 5, not having been apprehended, orders were issued anew, the 27th of the same month, to Jonathan Martin, of Wilton, to apprehend Samuel King, gentleman, and Moses Smith (Jr.), yeoman, both of Chesterfield ; also Isaac Griswold, yeoman, of Keene, and Nathaniel Sartel Prentice, Esq., of Alstead. All the civil and military officers of the State were required "to aid and assist in the premises." Special Sheriff Robert Smith soon had possession of King, and started with him for Exeter ; but he had got no farther than Keene, when he was set upon by a party of anti-New Hampshire men, who rescued King. Sheriff Smith there- upon issued the following advertisement : "Four Hundred Silver Dollars Reward To any Person or Persons that Brings Samnel King of Chesterfield to Exiter in the State of Newhampshirer & there Confine Him in Gaol, or Have Him the said King Before the Com- mittee of Safety of s'd State ; As said Sam'l King was taken Priso- ner By Vertue of a Warrant to the Subscriber Derected & Con- ducted under a Proper Guard Twenty Miles, s'd King at the Town of Keen By a Number of Men Armed w'h Clubs, Sword and Staves, w'h Captains Farebanks, Davis, Pratt, Pomeroy & Harvie of Chesterfield at their Head & Capt. Carslil of Westmoreland w'h
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a Small Partie-which Parties Did on the Morning of the first Day of Jan. 1782 By Voilance Ressque the said Samuel King Prisoner from
ROBERT SMITH, Special Sherif."
The fact that King had been conducted twenty miles, and was rescued in the town of Keene, renders it highly probable that he was not arrested in Chesterfield. A few days after this occurrence (probably on the 7th of the same month) Sheriff Smith made the following return : "Pursuant to the within Warrant I have appre- hended the body of the within named Samuel King, Gentle'n, who was rescued ; the others are not found." From this it seems that King was soon re-arrested ; but the writer has not been able to learn anything concerning his trial. It is certain, however, that he was soon taking part in town affairs again. A reward was also offered for the arrest of Griswold and Moses Smith ( Jr. ) ; but it has not been ascertained whether they were apprehended or not.
On the first day of January, 1782, at midnight, Captain Joseph Burt, of Westmoreland, wrote a letter to President Weare, in which he gave an account of affairs taking place in Chesterfield, and prayed that something might be done for the relief of those who were still loyal to the State. According to Capt. Burt's statement, the party that had rescued King, the morning of the first of January, returned to Chesterfield and arrested Lieut. [James] Robertson, whom they were disposed "to treat according to the custom of Vermont, that is, by whipping him." But it was very uncertain in Capt. Burt's mind, whether they would really venture to do so. His informant was Mr. Bingham's son, who stated that a number of others had been driven away from their homes that cold night, by the riotous Vermont men. He himself had gone to Westmore- land to seek refuge. Capt. Burt added: "The triumphs of the Vermonts are great, and [they] say that New Hampshire dare not come like men, in the day-time, but like a thief, and steal a man or two away."
The next day (Jan. 2), Gen. Bellows also sent a letter to Presi- dent Weare, depicting in very vigorous language the unhappy con- dition of affairs in Chesterfield. After referring to the rescuing of King, the General said : "Upon the return of the Mob, after proper refreshment at said King's, they sought for all those Persons who were any way concerned in assisting the aforesaid officer [Sheriff
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Smith], some of which they got into their hands and have abused in a shameful and barbarous manner by Striking, Kicking and all the indignities which such a Hellish pack can be guilty of, obliging them to promise and engage never to appear against the new state again ; and this is not all-they sware they will extirpate all the adherents to New Hampshire, threatening to Kill, Burn and Destroy the Persons and Properties of all who oppose them; that the Friends to this State can not continue at said Chesterfield with their Families, but are obliged to seek an Asylum in other Towns among the Hampshire People. I have two respectable Inhabitants of said Chesterfield now sheltering themselves under my roof, who I have the Greatest reason to think would be Treated by them in a barbarous manner were they in their Power, as they have stove the Doors and Broke up Houses in search of them. I am credibly in- formed that there is in said Chesterfield about an Hundred Persons who support said King, who Damn New Hampshire and all their authority to Hell, and say they (New Hampshire) can do nothing only in a mean, underhanded way ; in short, they Defy all the authority and force of the State and are determined to support and maintain their usurped authority maugre all attempts that have [been] or shall be made to curb and restrain their usurpations. The wrath of man and the Raging of the Sea are in Scripture put to- gether, and it is He alone who can rule the latter and restrain the former."
Such was the gloomy state of affairs in this part of the State, as described by Capt. Burt and Gen. Bellows. It is to be regretted that we have no statement of the proceedings of the Vermont party in this town during the month of January, 1782, and the preceding December, from some respectable member of that party ; but, after making due allowance for the prejudices of the narrators above quoted, it seems fair to infer that there was too much truth in what they wrote. The tradition of the indignities inflicted by some of the Vermont party upon the adherents of New Hampshire, still lingers in the town.
The New Hampshire government now resolved to raise an armed force and send it into the western part of the State. Accordingly, the House of Representatives, on the Sth of Jan., 1782, voted "that
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the said armed force consist of one thousand men, including offi- cers ; that a proclamation be issued and forwarded to the several towns and places in the western part of this State, setting forth the reasons for raising said armed force." The proclamation referred to in the resolution passed by the House, and concurred in by the Council, was issued, and allowed forty days for the people in the revolted towns to subscribe to a declaration to the effect that they would recognize the jurisdiction of New Hampshire as far west- ward as Connecticut river. On the 10th of the same month, it was voted that the men should be raised by draft, or otherwise, out of certain designated regiments, and should be formed into two new. regiments, of six companies each. Maj. Gen. John Sullivan was appointed commander of these forces. But it seems that the troops, for the raising of which these provisions were made, were not called into actual service.
On the first day of January, 1782, Gen. Washington addressed a letter to Gov. Chittenden of Vermont, that doubtless did much toward bringing this memorable controversy to a close. It has already been stated that Congress had defined the limits that Ver- mont must accept, as an indispensable preliminary to admission into the Confederation of States ; and that the west bank of Con- necticut river was to be the eastern boundary of that State. Gen. Washington used, in his letter, the following emphatic language :
"I am apt to think * * * that your late extension of claim has, upon the principle I have above mentioned, rather diminished than increased your friends ; and that, if such extension should be persisted in, it will be made a common cause, and not considered as only affecting the rights of those States immediately interested in the loss of territory ;- a loss of too serious a nature not to claim the attention of any people. There is no calamity within the com- pass of my foresight which is more to be dreaded than the necessity of coercion on the part of Congress ; and consequently every en- deavour should be used to prevent the execution of so disagreeable a measure."
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