USA > New Hampshire > Grafton County > Lebanon > History of Lebanon, N.H., 1761-1887 > Part 13
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The minority complained that they were not allowed to ex- press their sentiments at the polls if in favor of New Hampshire. Some were threatened and insulted and forced to leave their homes and possessions because of their fidelity to New Hamp- shire. New Hampshire ordered the arrest of any person who took office under Vermont. Vermont imprisoned a New Hamp- shire sheriff. New Hampshire imprisoned a Vermont sheriff. New Hampshire ordered out the militia to release her sheriff. Vermont gave orders to Elisha Payne, as major general of her forces, to call out her militia and to resist force by force. Let- ters of remonstrances, protests and threats passed between the governors. Affairs were in as disturbed a condition as can well be imagined, and could not continue so without injury to the parties concerned and to the whole country.
While some of these collisions were of a serious nature and threatened bloodshed, others assumed a comical aspect, as in the. following detailed experience of Colonel Hale, a New Hamp- shire officer. He had arrested a certain 'Squire Giles, who was rescued by the people at Charlestown. The sheriff shall tell his story in his own way :
They son after held a Consultation for Taking and Carrying me to Bennington, but fearing that would not so well sute, they sent me their Judas to advise me as a frind to make my escape, immediately, to avoid Going to Bennington. I gave for Answer, if that was their intention I would Tarry all night. But in the morning I had a second message that they would be Ready for me in half an hower. I gave for Answer, that that would be time enough for me to take breakfast-which I then called for-and after breakfast I had another message that if I did not make my Escape they would Catch me before I got three miles, for
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THE VERMONT CONTROVERSY.
which I should be very sorry. I gave for answer that I should have the less way to come back-but that if I was not molisted I ment to set out for hom son, but finding that all their stratigems would not Prevent my Taking breakfast and leaving the Town in an open and Publick man- ner, they then Rallied all their forces that was Near at hand to the amount of about forty men and a Pretended deputy Sheriff at their head; but for a frunt Gard they Raised some of their most abeelist women and set forward with some men dressed in Women's apparill, which had the good Luck to take me Prisnor, put me aboard one of their slays and filled the same with some of their principal women and drove off nine miles to Williams tavern in Warlpole, the main body following after with acclimations of Joy-where they Regailed them- selves ; and then set me at liberty, nothing doubting but that they had entirely subdued New Hampshire! Prov. Papers, Vol X, pp. 481, 482.
Meanwhile all parties professed their willingness to submit to Congress all matters in dispute between them. Congress took up the matter, appointed committees to investigate and report, discussed and delayed, balanced between opposing interests. By August 20, 1781, it had proceeded so far as to declare by reso- lution that before they could recognize Vermont as a state they must "explicitly relinquish all demands of land and jurisdiction on the east side of Connecticut river, and on the west side of a line drawn twenty miles eastward of Hudson river to Lake Champlain."
Vermont assembly, sitting at Charlestown, October 19, 1781, declares that they were determined "to remain firm in the prin- ciples on which they first assumed government, and to hold the articles of union inviolate ; that they would not submit the ques- tion of their independence to the arbitrament of any power what- ever; but they were willing at present to refer the question of their jurisdictional boundary to commissioners mutually Chosen, and when they should be admitted into the American union they would submit any such disputes to Congress."
The matter still lingered in Congress, when early in January, 1782, General Washington was prevailed upon to write a letter unofficially to Governor Chittenden of Vermont. In that letter Washington recommends a compliance with the requirements of Congress in abandoning all territory east of the Connecticut and west of a line twenty miles east of the Hudson; that only on that condition is there any prospect that the state will be received into the Union. He appeals strongly to their patriotism not to em-
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HISTORY OF LEBANON.
barrass the United States in their struggle for independence, burdened already to the utmost; and finally intimates the dis- agreeable necessity of coercion on the part of Congress should the state continue to maintain its attitude towards the other states.
This advice was well received on the part of Vermont, and was effectual in composing the disputes about boundaries.
On the 19th of February, 1782, the Vermont assembly, being in session at Bennington, the whole matter of boundaries came up for consideration. Among other papers this letter of Wash- ington's was read, having evidently a strong influence on their minds. On the 20th of February the assembly, being in com- mittee of the whole, "Resolved, that in the opinion of this com- mittee, Congress in their resolutions of the 7th and 20th of August last, in guaranteeing to the respective states of New York and New Hampshire all territory without certain limits therein ex- pressed, have eventually determined the boundaries of this State," and they voted to relinquish the claims to the territory therein mentioned.
This action of Vermont virtually ended the great controversy, so far as boundaries were concerned.
But the towns on the east of the Connecticut must be disposed of. Vermont did not hesitate. The union was dissolved in the absence of the members from the east side of the river. Doctor Belknap says with admirable naïveté, "that when these members arrived and found themselves excluded from a seat in the As- sembly, they took their leave with some expressions of bitter -. ness."
Very likely that was the case; they certainly had some provo- cations for such expressions.
Probably Vermont was never very sincere in this union. Rather than lose her own towns in the movement towards New Hampshire, and see all her hopes of recognition as a sovereign state blasted, she consented to receive them with more diplomacy than cordiality. Probably "Honest deacon Moses Robertson" of Bennington unconsciously revealed the true feeling of many in Vermont when he said to General Folsom and others in an at- tempt to compose the dispute between the two states, "We never
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THE VERMONT CONTROVERSY.
had it in view to take the East side of the River-only to get rid of them the first opportunity."
On the other hand there is as little doubt that New York and New Hampshire were secretly opposed to the recognition of Ver- mont as a state; that while they were intent in keeping their own domains from being absorbed by her, they were quietly ob- structing her recognition in the hope that they might eventually divide her territory between them.
Vermont had to wait till February, 1791, before she was ad- mitted to the Union.
This sudden secession of Vermont from union with the towns on the east side of the Connecticut left these towns in a sad con- dition. They had made many sacrifices and been at much ex- pense to secure this union. They hoped for peace and pros- perity under it; to be thus summarily dismissed from it while the echoes of the most solemn pledges of fidelity on her part had scarcely died away, was a sad blow to their expectations. With the burdens of the war pressing heavily upon them, with the dis- tractions of a disputed jurisdiction, they had hitherto had little time and strength to devote to their own improvements in the surrounding wilderness. They hoped by this union to be re- leased from one of these sources of trouble, but they are suddenly thrust back into their "state of nature," with nothing but their town organizations to rely upon for peace and order. They had rejected the rule of New Hampshire, for good reasons as they thought; pride, if nothing more, would make it difficult for them to return to that state. There was nothing left for them but to wait and watch, taking their stand upon their town organiza- tion.
It is necessary in a complete history of the town to notice their action when they were without any state connections. Of course it was necessary to have certain officers besides their usual town officers; they therefore appointed their own justices of the peace. Many of the duties of courts they committed to their committee of safety. They voted that this committee should take acknowl- edgments of deeds.
It was necessary that they should have laws to govern them in their daily transactions. They had rejected New Hampshire and its laws, Vermont had rejected them. They naturally turned to
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HISTORY OF LEBANON.
a code with which most of them were familiar, and which had no smell of bitterness about it-the laws of the state which held their well-remembered homes.
Voted, March 14 1780 that the Executive Authorities of the Town. shall proceed in their Several Departments to persue and conform them- selves to the Rules prescribed in the laws of Connecticut, Especially in those acts that more immediately refer to the preservation of the Peace and good order of the Towns, &c.
The following protest was made against the action of the town in certain matters:
Lebanon 31st March 1780
We the subscribers Inhabitants of the town of said Lebanon, who. hold ourselves in duty bound to be the League Subjects of the State of Newhampshire-
Do hereby publickly remonstrate and protest against the Illegal pro- ceedings of the Town of Lebanon (viz) the Town Voting to pay no re- gard To the Authority of the State of Newhampshire and that thay Would Yield no Obedience to any precept sent to them from the Au -- thority of Said state for raising men for the defence of the United. states or any otherwise-
The Town enacting Laws in town meeting repugnant to the Laws. of the state and adopting the Laws of Connecticut to govern them Selves by in open violation of the authority of the state of Newhamp- shire. Altho they have Unanimously Acknowlidge themselves under the- jurisdiction of Newhampshire by Vollentarily confiderating with said State, and the Town under a pretence of authority in a high handed manner frequently stop men in the highway Rob them of their property even when they have a Certificate from proper authority to pass un- molested and Blocking up the publick highway by falling Trees Across. the path so as to Render it impractible for Travilors to pass Whereby Travilers have been much injured and to the disgrace of the Town and' many Other Illegal proceedings inconsistant in themselves and inju- rious to the public peace of this and Neibouring Towns .- to be commu- nicated to the Town forth with,
Sam1 Bailey
John Gray
Ebenr Bliss
Jabez Baldwin
Phinehas Wright
Gideon Baker
Charles Hill
Solomon Millington James Jones Elezer Robinson Joel Kilburn Wm Downer
Wm Downer Jur
Sam1 Millington James Feller
Joseph Tilden
Jesse Heath Sam1 Millington Benga Fuller
Wm Wakefield Nathaniel Hall Junr
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THE VERMONT CONTROVERSY.
We are not for a moment to suspect these men of any want of patriotism in this act, for many of them had been in the army, only they thought that the town had no right to take such action without the sanction of a higher authority than the town itself.
Money was needed for public purposes-for building roads and bridges, for the support of schools, for raising soldiers for the public defense. Often they were at their wit's end to know how to assess the necessary taxes, and still more puzzled how to collect them, since there was no authority back of their own upon which they could rely. Of course there were some disposed to take advantage of this state of things and refused to pay their taxes and their debts. But they found means to enforce their payment. And yet we find them instructing their officers to exempt any who had placed themselves under the protection of the state of New Hampshire.
Let it be kept in mind that all these burdens of taxation for so many purposes were to be met by a depreciated currency, whose value was scarcely the same for two successive months. It was a hard problem to know how much money to raise in such a cur- rency to meet their obligations and they were obliged to make a bushel of wheat their standard. Much of the time they could raise no money that had any fixed value, and were obliged to re- ceive their dues in grain and provisions.
Men who, under such circumstances, could fight such sturdy battles for their preference for state affiliation, who could con- tinually raise and equip men for their defense are worthy of all praise and honor. One other thing should be set down to their credit. However defiant they were of state authority, whatever expressions of bitterness they uttered at their betrayals by Vermont, they were always loyal to Congress. They heeded every command, they yielded to every requisition which came to them from that sacred source.
The following letter, addressed to Colonel Chase, indicates the position which they held :
Lebanon New Hampshire Grants July 7 1780
Sir As this Town hath been Repeatedly Called Together on account of orders Rec'd from you for scouting and other service, &c we haveing Collected the Sentiments of the Town with Regard to Raising men To Stand thus: that they acknowledge Subordination to you as a Colo. of
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HISTORY OF LEBANON.
their own Choice and ever will obey you as Such, But at the same time, think to obey you as haveing an authorative Power from the State of New Hampshire is Derogative To the Birth Rite of Englishmen, it Being a Tax Laid on us for men without being Represented &c. Sir, we wish fore the future you would Be Pleased To send a Request To us. We shall own the Power we Committed to you We mean not to Sett up an Allter in Deffiance To the Public Cause, & be Please, sir, to Ex- cuse our Simplicity and Except this with our Sincere obedience from your Humble Servants.
Simeon Peck Theop Huntington
Nath'l Storrs j Selectmen
To Colo. Jona. Chase, Cornish
It was difficult in such circumstances to preserve peace and order. Some there would be ready to take advantage of the lack of organized courts and state authority to punish offences. Tippling houses, I judge, gave the fathers a great deal of trouble from the frequent mention of them upon the records and ordinances passed to regulate them; yet through their committee of safety they were able to control the disorderly elements. The people were determined to sustain their committees, and did sus- tain them, and there was very little serious disorder.
Having no place of records they experienced great inconven- ience in the preservation of their deeds and other papers. Early in the war one Fenton, the probate officer for Grafton County, whose letter to the people of Grafton County has already been given, was suspected, probably with just cause, of too much friendship towards the king. The demonstrations against him were so violent that he fled from his home, leaving the important papers in his office in great disorder. Many of them were either carried away or destroyed, causing great perplexity and trouble among the people.
An old deed from Jane Hill, widow of Charles Hill, alludes to this event, reciting in a preamble :
& as said will was Lodged in the Judge of Probate of wills Office by said Judge's order (viz John Fenton Esq.) who has absconded himself and carried off or mislaid said will, so that it cannot be found, by reason of which the afore said'estate has not yet been settled and there are several creditors who have demands on said estate, who want to have their accompts settled; in order for which there is an absolute necessity of disposing of some of said lands to answer the just de-
SALLY TRUMAN.
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THE VERMONT CONTROVERSY.
mands of said creditors, wherefore she, the said Jane as the sole Exec- utor of the said last will and testament, &c.
The earlier deeds were recorded in the town, the acknowledg- ment being taken sometimes by a justice of the peace and some- times by the committee of safety. Among those by whom these acknowledgments were taken are the following: John Wheatley, J. P .; Nehemiah Estabrook, chairman of committee of safety ; Francis Smith, J. P., Plainfield; O. Willard, one of his majesty's justices of the peace for Cumberland County, province of New York-Vermont; Bela Turner, J. P .; Beza Woodward, Dresden ; Peter Olcutt, assistant, Dresden; Elihu Hyde, J. P .; Eleazer Wheelock, J. P. Many of them are destitute of any acknowledg- ment. A large number were made and executed in Connecticut.
It is amusing to read the headings of these acknowledgements, showing as they do the changes in the connections of the town: State of New Hampshire, Grafton County, Lebanon; Province of N. H., Grafton County, Lebanon, on the New Hampshire Grants; State of Vermont, Lebanon; State of Vermont, on the Grants east of Connecticut River; State of Vermont, territory east of Connecticut River; State of Vermont, Windsor County, Lebanon. One officer determined to be right one way or the other, writes, "Lebanon, State of Vermont, alias New Hamp- shire."
At the time when the town was uncertain as to its allegiance- both as to which party it of right belonged, and where it was for the time being, some were disposed to take advantage of the cir- cumstances and declare that there was no law that could be en- forced, and that they would do as they pleased. But the people were generally, at heart, law-abiding and would not suffer any breach of equity.
The late Mrs. Truman, years ago, related to me the following incident as belonging to this period :
A certain man had bought some goods of his neighbor and re- fused payment, confidently declaring that payment could not be enforced. But he was mistaken. One night he found his dwell- ing surrounded by masked men, who led him out of doors and required him to pay his debts. He defied them. They then found an old horse, whose bony system was highly developed. They set him upon this horse in a position the reverse of that us-
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HISTORY OF LEBANON.
ually chosen for equestrian exercise-facing the rear. They then ran a rail between the legs of the horse and tied the obdu- rate debtor by the feet to the rail and sat down on each end, which proceeding brought out an emphatic promise "to pay up." The crowd then marched him away to a distance, blowing horns and conch-shells and ringing bells.
Now on the way a couple were sleeping the sleep of the just (it is to be hoped). The wife was awakened and frightened by the noise, over which the horns predominated, which she, in her bewilderment, took to be the horn of Gabriel, when she gave a conjugal punch in the ribs of her spouse, crying out, "Wake up, husband, the day of judgment has come! Get up and put on a clean shirt."
The historian took this for a good story, which it is; but whether a tradition or myth, he knew not.
But a long time after, he discovered the following substantial verification of the whole matter :
Lebanon Newhampshire July 27 1779
To the Honble Meshack Ware and the Honbl Councel of the State of Newhampshire-
Gentlemen: your petitioners desire to inform your Honers of A late . disturbance in this town: against all Laws both Humane and divine- and in defyance of the authority of the States a number of men went to the dwelling House of mr. Jams Joans in the evening of the 22ª inst. And by force and Violence toock him from his bed and bound Him on a horse with his face to the Horses tail: and he was obliged to ride in that maner four or five miles-to a tavern-they following him with Bells horns &c-at the tavern they abused him in a most Shocking maner with words and blows: then Returned about half a mile made a halt and abused him as before: Even threatening with death till He was obliged to Comply with their Ureasonable Demands, your petitioners are Very much threttened if we Say anything against Such Conduct. therefore we pray your Honers, to take the mater into Consideration and Afford us Such assistance as you in your wisdom Shall think best
Jesse Heath Saml Bailey Charles hill
Comtt
Some of the citizens of the town were far-sighted enough to understand how the conflict with New Hampshire must termi- nate, and to cast an anchor to the windward they presented the following petition :
-
139
1
THE VERMONT CONTROVERSY.
To the Honble the Council & Assembly of the State of New Hampshire
We the Subscribers being Inhabitants of Lebanon in the County of Grafton and State aforesd Humbly Petition and give your Honrs to be Informed, that for Some Time past we have been greatly abused & harrassed by a Power, usurped without Right, to which we neither owe nor own Allegiance, and by which we have been prohibited, from Yield- ing that Subjection and Obedience to the State of New Hampshire which is justly due, and whereby we are deprived of those rights and Priviledges to which we are justly entitled as Subjects of sd State, and are liable to many and great Evils and Burdens for want of that Pro- tection, which we humbly conceive may be dutifully requested and de- manded from the State of New Hampshire-
Wherefore we most humbly pray that your Honrs will take such Reso- lutions on the premises as may effectually redress the Grievances of your Petitioners and restore them to their Just Rights and & Prive- ledges & the Protection of said state, and may be duly represented in the Gen1 Assembly and have Justice administered under the Authority of the Same-
And your Petrs Shall ever pray &c
Lebanon 15th Decr 1778
Charles Hill
Beniam fuller
William Downer Jur
Simeon Hovey
Solomon Millington
Eliezer Robinson
Ebenezer Bliss
Phinehas Wright
Isaac Cory
Samll Millington
Joseph Tilden Jr
Jesse Heath
Joseph Wood
Wm Wakefield
Samll Bailey
William Downer
James Jones
Josiah Hovey
John Gray
James Fuller
Jabez Baldwin
December 24 the petitioners voted to present their petition to the selectmen, and December 28 they voted
mr. william Downer their agent to pre sent Sd petition to the Honble Asembly of Sd State or in their reses to the Honble president and Coun- cil and Receive their answer
Jesse Heath, Clerk.
To the Honble the Genll Assembly of the State of New Hampre To be Holden at Portsmo in sd State the third Wednesday of Decr Instant-
May it please Your Honrs
We the Subscribers Inhabitants of the Town of Lebanon in the County of Grafton in Sd State; having taken into consideration the
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HISTORY OF LEBANON.
Several Resolves of the Honble the Continental Congress Respecting the Disputes that have Arisen about the Jurisdiction of the State of N: Hampre over the Hampre Grants (So Called) are of the Opinion that Sd Resolves implicitly declare it to be the Opinion of that August Body. that that part of Sd Grants Lying East of Connecticut River (in which we are included) Should be under the Jurisdiction of the State of New Hampre; with which we Readily comply; and Acknowledge the same; Yet Nevertheless for us to be Obliged to pay the back State Taxes; for the time being that we have been unconnected with the State of New Hamp.re in matters of Government, we Look upon it to be a Hardship, & Trust that your Honrs will Consider us in that matter, & as there is a Considerable Number of the inhabitants of this Town that wholly deny the Jurisdiction of N: Hampre,-if your Honrs should find yourselves Laid under the Disagreable Necessity of using Coercive measures, with Opposers, to your Authority we Hope that your Honrs will make a Specific Difference between them and Us, & we as in Duty bound Shall Ever pray
Joseph Tilden
Dan Metcalf
James Jones
Charles Tilden
Jesse Heath
Joseph Wood
Stephen Billings
Joseph Downer
Nath1 Hall Jur
Silas Waterman
Joseph Chamberlin
William Dana
Rufus Baldwin
David Hinckley
James Hartshorn
Solomon Millington
Sherebiah Ballard
Joel Kilborn Barna Tisdale
Ziba Hall
Wm Downer
Heze Waters
David Crocker
Jno Wheatley
Anw Wheatley
Oliver Penneg
Sam1 Bailey
Stephen Tilden
Samel Millington
Thos Wells
Gidn Baker
Phinehas Wright
Thos. Bingham
William Downer Jun
Charles Hill
Randol Evans
Simon Slapp
SETTLEMENT OF THE CONTROVERSY.
On the 7th day of October, 1790, commissioners from the state of New York and Vermont, meeting in the City of New York, mutually agreed upon their boundaries, and other questions which had arisen, and the long dispute was terminated.
One of the conditions of their agreement was that the state of Vermont should pay to New York $30,000, to be paid to the
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THE VERMONT CONTROVERSY.
inhabitants of New York who had suffered in their person and estate at the hands of the "Green Mountain Boy."
But this was a small compensation among the number who were to share in it, so the state of New York, taking the whole matter into consideration, passed the following resolution, intro- duced in the Senate and immediately concurred in by the as- sembly, March 1, 1786 :
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