USA > Vermont > Early history of Vermont, Vol. I > Part 8
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Ira Allen, Secretary of the Council, on the 15th of July, 1777, addressed a letter to the New Hamp- shire Council, urging their assistance, and said to them that, "unless we can obtain the assistance of our friends so as to put it immediately in our power to make a sufficient stand against such strength as they may send, it appears that it will soon be out of the power of this State to maintain a frontier," and New Hampshire would become the frontier. Meshech Weare, President of the
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New Hampshire Council, replied in substance that three battallions under command of Brigadier-Gen- eral Stark would be forthwith sent into the State to oppose the ravages and the coming forward of the enemy. Allen also communicated the alarming rumors to Gen. Philip Schuyler, who replied by letter dated at Fort Edward, July 16th, 1777, that, "As an officer of the Honorable the Congress, who represents the 13 United States of America, I cannot with propriety take notice of the 14th State, unknown in their Confederacy," but urged the Vermonters and the New Hampshire forces to co-operate in repelling the invasion of the British.
Stark came on with the New Hampshire forces, but refused to act under the Continental officers. A party of militia came on from Massachusetts to the aid of Vermont, and a regiment was raised in Vermont, and Samuel Herrick appointed its Colo- nel. No sooner had Gen. Schuyler, a citizen of New York and commander in chief of the Northern army. heard of the raising and the presence of these forces in Vermont to oppose the British than he sent orders to the militia of Massachusetts and to Colonel Herrick's regiment to repair to Sara- toga. The Massachusetts regiment had to obey, according to the regulation of Congress, but the Council of Safety superceded Gen. Schuyler and gave orders to Col. Herrick to remain within the State of Vermont.
This occasioned some sharp correspondence be- tween Gen. Schuyler and the Council of Safety. On the 13th of August, 1777, the Council of Safety issued a circular to the Colonels of the State mili-
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tia, ordering them to repair to Bennington with their men, as the Council had just been informed that the enemy were within twelve miles of that place and doubtless there would be an attack at or near that place within twenty-four hours, and that they had the assistance of Maj .- Gen. Stark with his brigade, and to hurry what Rangers were recruited forward with all speed, and said, "Now is the time, sir." And on the 15th of August, 1777, the Council issued an order to send by ex- press all the lead they could collect, "as it is ex- pected every moment an action will commence between our troops and the enemy's, within four or five miles of this place, and the lead will be positively wanted."
The battle of Bennington was fought on the 16th of August, 1777. During the engagement, Jonas Fay, the Vice-President of the Council, wrote the following letter and order :-
"State of Vermont, in Council of Safety, - Bennington, 16th August, 1777, 1 6 o'clock [P.M.]
"Gentlemen: Brig .- Gen. Stark from the State of New Hampshire, with his Brigade, together with the militia and company of Rangers raised by this State, with parts of Col. Symond's regiment of militia, are now in action, with a number of the enemy's troops assembled near this place, which has been for some time very severe. We have now in possession (taken from them this day) four brass field pieces, ordnance, stores, etc., and this minute four or five hundred prisoners have arrived. We have taken the ground, altho fortified by en- trenchments, etc., but after being driven about one mile. the enemy being re-enforced, made a sec-
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ond stand, and still continue the action. The loss on each side is doubtless considerable. You are therefore in the most pressing terms requested by Gen. Stark and this Council to forward the whole of the militia under your several commands to this place without one minute's loss of time :- they will proceed on horseback with all ammuni- tion that can be provided conveniently. On our present exertions depends the fate of thousands. I am, gentlemen, Your most obt. servant,
JONAS FAY, Vice-President To the Gentlemen Officers nearest - this place commanding Regiments of Militia in the several United States."
Notwithstanding the continuance of the war with Great Britain, the New Hampshire Grants insisted upon maintaining the title to their lands against the authorities of New York. After the New York authorities had granted lands in Vermont in violation of the order of the King in Council, July 24, 1767, and taken measures to en- force the Grants to yield to the claims of New York, an organization of the Green Mountain Boys was formed for resistance, in which Ethan Allen, Seth Warner, Remember Baker, Robert Cochran and Gideon Warren were captains. They resorted to chastising Yorkers who interferred of- fensively, "with twigs of the wilderness." Hugh Munro, an old offender, was lashed three times, each time till he fainted, when his wounds were dressed and he was banished from the State.
Others were dealt with in a similar manner, whereupon Gov. Trron of New York issued a proc- lamation, Dec. 9th. 1771, offering a reward for the
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arrest of each of the captains. Said Munro gath- ered in New York a posse of ten or a dozen men and repaired to the house of Remember Baker of Arlington to arrest him under Gov. Tyron's proc- lamation, and about daylight on the morning of March 22, 1772, broke into the house, wounded Baker and his wife, maltreated his children, and retired into New York with Baker as a prisoner. Munro was pursued and Baker was rescued. In 1777, Munro fled to Burgoyne,s camp, and the Vermonters confiscated his property. He was for- ever proscribed, with other New York sympathiz- ers, by the Vermont Act of Feb. 26, 1779.
Doctor Samuel Adams settled in Arlington in 1764, and he advised and urged the New Hamp -; shire Grantees to purchase the New York titles to their lands, but such conduct was very offensive to the opponents of New York, and he was advised to be silent. At this he took offence and threat- ened to silence any man who interferred with him. He was arrested, tried and convicted as an enemy, and punished by being hoisted up to the Cata- mount signpost and suspended there two hours, to his own chagrin and the merriment of the be- holders, which had a salutary effect on the Doctor; but in 1777 he became a violent Tory, and raised a company in Arlington and vicinity to co-operate with Burgoyne. His property was confiscated and his family sent within the enemy's lines in 1778.
It was voted in the Vermont Assembly in 1778, "that the style of the Governor of this State be, His Excellency,', and that the bill presented to the
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House by the Governor and Council relating to jurisdiction, be altered, and in the place of "New Hampshire," insert "the west bank of Connecti- cut River," and thus fixing the eastern boundary of Vermont on the west bank of that river.
All western Vermont was at one time named Bennington County, and eastern Vermont Unity County, which was changed to Cumberland. In 1776, and for a long time after, the inhabitants on the west side of the mountain were kept in a constant state of alarm for fear of sudden attacks from Indians and the British.
In 1776, Moses Pierson had raised a large crop of wheat on the "Ezra Meach farm" which lies in Shelburne on the lake a few miles south of Burling- ton, which he was forced to leave in the autumn, for fear of the enemy, but returned in January, 1777, accompanied by Capt. Thomas Sawyer and fourteen soldiers who had marched through the trackless wilderness about ninety miles, strength- ened the place, built a block house, made of large logs laid closely together. On the 12th of March, 1778, they were attacked by 57 Indians, com- manded by a British officer. The fight was stub- born; twice the house was set on fire by the enemy, but the flames were extinguished, once by L'eut. Barnum of Monkton, who lost his life by the daring act. After a two hours' fight the en- emy retreated, but they were pursued and two of them were captured. The loss of the Vermonters were three killed, while the enemy lost twelve killed, among whom were a British captain and an Indian chief.
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The Council from time to time ordered the com- manders of the Vermont military force to protect the inhabitants, situated in the sparsely settled districts, from the enemy.
The General Assembly empowered the Gover- nor and Council to appoint a court to confiscate and order the sale of both real and personal prop- erty of estates belonging to the enemies of the United States, and to appoint commissioners to adjust and settle the accounts of creditors to said estates. And, accordingly, a Court and Commis- sioners were appointed for those purposes.
One David Redding had been sentenced to death, after having been convicted by a jury of six men as a public enemy. Application was made for his reprieve, June 4th, 1778, because he was not tried by a full jury. The reprieve was granted till the 11th of June. The people were greatly excited by reason of the delay in the execu- tion. To appease them Ethan Allen mounted a stump and promised them that, "if Redding es- caped he would be hung himself." Redding was tried on the 9th by a full jury, and executed on the 11th of June, 1778.
The first divorce granted in Vermont of which I have any information was decreed by the Gover- nor and Council in June, 1778. Lurania McLane petitioned to be discharged from her late husband, John McLane. After considering the petition and evidence (the husband not appearing), the Coun- cil declared, that "the said Lurania be discharged from him the said John McLlane, and that she has a good and lawful right to marry to another
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man." The first Vermont Statute on divorce of which there is any record, is the Act of February, 1789.
The frame of government declared that the House of Representatives "shall be styled the Gen- eral Assembly of the Representatives of the Free- men of Vermont," but later it became to include the House, and when both acted together they were called the Joint Assembly.
From 1778 till 1781 there was a great agita- tion among the people of both Vermont and New Hampshire, growing out of an attempted union of the towns in New Hampshire, near Connecticut River, with Vermont. A union was consumated and at one time the representatives of thirty-five New Hampshire towns took their seats in the General Assembly of Vermont. New Hampshire claimed that this action and attempted union was illegal, and growing out of this controversy war was imminent between Vermont and New Hamp- shire, but better counsel prevailed and the union of those towns with Vermont was dissolved.
Tories were sentenced to banishment from the State, but many returned without permission, and consequently on Feb. 26, 1779, one hundred and eight persons were, by name, banished by an act of the General Assemby; and the Assembly passed an act "that if any such person or persons which have been sentenced to banishment as aforesaid, shall be found in this State after the first day of May, next, (which have not obtained, or shall not obtain a pardon or reprieve from their crimes from the Governor and Council of this State) such per-
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son or persons shall be whipt not exceeding forty stripes, to be repeated once a week, by order of any assistant judge or justice of the peace, so long as they shall continue in this State."
By an act of Feb. 25, 1779, the Governor and Council were constituted a Board of War, with full power to raise men for the defence of the frontiers, and the Council were given power to liberate the Tories under the care of Captain Samuel Robinson, or, dispose of them according to their merit. And on the 24th of February, 1779, the Assembly resolved to raise $15,000 by a lottery fund for military de- fence. In Cumberland County there was opposi- tion to the draft that had been ordered by the . Board of War. The opposition had been stimulated by Col. William Patterson, who was commissioned by Gov. Clinton. Patterson had a regiment of about 500 men. Gov. Chittenden sent Ethan Allen with an armed force, who promptly arrested Patterson and others, in all forty-four, most of whom were indicted, convicted and fined. These rioters, as they were called, were tried at West- minster in May, 1779.
William French and Daniel Houghton were killed or died of their wounds at Westminster in the collision that took place between the adher- ents of New York and the Green Mountain Boys the 13th of March, 1775. Ira Allen characterized the affair as "that odious and never-to-be-forgot- ten massacre," and it was charged as the "shed- ding innocent blood."
The next Vermont Convention was improved
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as a means of turning public opinion against New York, whose officers, it was charged, were respon- sible for the affair. New York charged the blame upon the Whigs. The people that did not sympathize with New York were determined that the court that was run by officers of New York should not hold the session under the New York regime, as the rights and liberties of the people of the State were in danger and their lands taken from them. The Vermonters had an interview with Col. Chandler, the chief judge, to dissuade him from attending court, as the sheriff would have attendants with arms, and there would be blood shed; but the judge told them there should be no arms brought against them, and he would open court on the 13th of March, 1775. Judge Sabin, the other judge who was to sit that term, and other officials of the court, were anxious to go on with the court as usual.
The Vermonters heard the Court was going to take possession of the court-house, and were go- ing to keep a strong guard at the door and pre- vent them from coming in. Thereupon the Ver- monters thought best to get to court before the armed guard were placed there. About one hun- dred of them entered the court-house, about four o'clock in the afternoon. They had no sooner en- tered before a large number of men, armed with guns, swords, and pistols, appeared, but the Ver- monters had no weapons. Patterson came up at the head of his armed company and commanded them to disperse, and caused the King's proclama- tion to be read, and told them, that if they did
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not disperse in 15 minutes he would blow a hole through them. The Vermonters replied that they should not disperse, but that the court party might come in if they would unarm themselves. -not without-and hold a parley. Mr. Gale, the Clerk of the Court, drew a pistol, held it up and said, "I will hold no parley with such d-d rascals but by this," referring to his pistol. The Ver- monters returned to the house. Col. Chandler, one of the judges, came in. They told him that they had his word that there should not be any arms brought. He said the arms were brought without his consent, but he would go and take them away, and they should enjoy the house un- disturbed until morning. But about midnight the. New York sympathizers came. The alarm was given and the Vermonters were ordered to man the doors. The sheriff's party marched up within ten rods of the door. Three obeyed the sheriff's order to fire. The word "fire" was repeated ; "G-d d-n you, fire. Send them to hell."
An eye witness described the rest of the scene in the following language : "Several men were wounded; one was shot with four bullets, one of which went through his brain, of which wound he died the next day. Then they rushed in with their guns, swords and clubs, and did most cruelly mammock several more; and took some that were not wounded, and those that were, and crowded them all into close prison together, and told them they should be in hell before the next night, and that they did wish there were forty more in the same case with that dying man; when they put
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him into prison, they took and dragged him as one would a dog, and would mock him as he lay gasp- ing, and make sport for themselves at his dying motions."
The people in that County and in New Hamp- shire and Massachusetts were notified, and alarmed at such an aggravated murder, and came to the assistance of the inhabitants. This massa- cre was on the 13th of March, 1775. The next day at twelve o'clock nearly 200 men well armed came from New Hampshire, and they, with those who had gathered from Cumberland County, took up those who were engaged in the massacre and confined as many as they could find evidence against. They held an inquest, and the jury on their oath brought in "that W. Patterson did on the 13th of March, inst., by force and arms, make an assault on the body of William French, then and there lying dead, and shot him through the head with a bullet, of which wound he died, and not otherwise." The leaders of the massacre were sent to the North Hampton jail, and others were put under bonds. The sheriffs party claimed the sheriff was struck several blows before he ordered his Posse to fire, and that some of the Posse were wounded.
The convention held at Westminster, April 11th, 1775, while the facts of the massacre were fresh in their minds, "Voted, as our opinion, that it is the duty of the inhabitants, as predicated on the eternal and immutable law of self-preservation, to wholly renounce and resist the administration of the government of New
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1
York," until they could be protected in life and property, or be annexed to some other govern- ment, or be incorporated into a new one.
There is another account of the Westminster affair, not inconsistent with the above, that re- cently appeared in the Burlington "Free Press," a newspaper published at Burlington, Vt. The ar- ticle was called out on the occasion of an oaken gavel, made from a sill of the old court-house at Westminster, having been presented to the Brattle- boro Chapter of the Daughters of the American Revolution. I here insert that account :-
"This sill was originally a part of the court- house at Westminster, the scene of the Westmin- ster massacre, where the first blood of the Ameri- can Revolution was shed. The prized wood was carefully turned to the required shape by Mr. Hines and it was trimmed with sterling silver appropriately engraved. It was then determined that the presentation should be attended with special exercises.
"The first court-house in Cumberland County, now Windham County, was a rudely constructed affair, built in Chester about 1768. Many were dissatisfied, however, with its location and they desired that its site be changed to Westminster. After much agitation and rioting, this was accom- plished and Westminster was chosen as the shire town of the County at a meeting of the supervisors in Chester, May 26, 1772. The erection of a court-house was begun in Westminster in the fall of that year and by the close of the next summer it was ready for use. The location se-
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lected was on the brow of an elevation which has since been known as 'Court-house hill.' The court- house was about 40 feet square and was built of hewn oak timber and clapboarded. The roof was gambrel, surmounted by a square cupola open at the sides. An aisle 10 or 12 feet wide ran east and west through the middle of the lower floor, with double doors at each end. The building was in- tended for a jail and tavern as well as a court- house, and in the southeast corner was a kitchen occupied by the jailer and in the southwest corner was a bar-room in which the jailer served in the capacity of bar-tender. In each room was a large fireplace connecting with the huge chimney, which rose between the two rooms. Another door was cut in the south side of the building leading into an entry, on either side of which were doors to the kitchen and bar-room. In the north part was the jail, which comprised two prison rooms separated by a narrow aisle running north and south. This aisle communicated with the broad aisle by a door. Doors also opened from the prison rooms into the narrow aisle. Stairs led from the east entrance to the court room on the second floor.
"A session of the Cumberland County court was to be held in the 'old court-house' March 13, 1775. Much dissatisfaction prevailed in the County because New York had refused to adopt the resolves of the Continental Congress, and the whigs made exertions to dissuade the judges from holding the stated session. They were unable to obtain from Chiet Judge Thomas Chandler the de- sired promise that no session would be held, so
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they resolved to prevent it by strategy. On the day set for court a party of from 80 to 100 whigs from Westminster and surrounding towns armed themselves with cudgels and took possession of the court-house about 4 o'clock in the afternoon. Soon afterward High Sheriff William Paterson, fearing trouble, came to Brattleboro and enlisted the services of 25 men. Others joined them on the way back and soon after the whigs had obtained possession of the court-house Paterson marched up to the house at the head of 60 or 70 armed Tories. The whigs heeded not the order to dis- perse and after much heated argument and ex- change of threats Judge Chandler appeared and promised the whigs possession of the house with- out molestation until morning, when court would convene and hear their grievances. The Tories
then departed and the whigs left the house, leav- ing a guard to give notice in case of an attack in the night. The sheriff increased his forces and after having drank to the honor of George III he marched, as he supposed unobserved, to the court-house about 11 o'clock. The moonlight re- flected from their bayonets told the sentry of their coming, however, and the doors were quickly guarded. The sheriff attempted to enter the house, but was twice repulsed. He then ordered his men to shoot, but the volley passed over the heads of those in the house. The next volley was
lower and the guards were driven from their posts.
The house was soon filled with Tories and a hand- to-hand conflict followed in the darkness. The deadly weapons of the Tories and their superior
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numbers soon gave them the victory. Ten of the whigs were wounded, two of them mortally, and seven were taken prisoners. Two of the sheriff's posse were wounded. The whigs who escaped spread the alarm and by the dawn of day a large number had assembled at the scene of the massa- cre. The prisoners were released and the leaders of the assault were arrested and sent to jail at Northampton, in Massachusetts, "until they could have a fair trial." The whigs or liberty men who were mortally wounded were William French of Brattleboro and Daniel Houghton of Dummerston, but as French died early on the following morning and Houghton lived for nine days, their names have not often been coupled as martyrs in the cause of freedom."
أوصى باقـ
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The inscription on the monument of William French was as follows, viz .:-
EPITAPH.
In Memory to William French
asas
Son to M' Nathaniel French Who
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e Was Shot at Westminster March y th
13 1775 by the hands of Cruel Min- istereal tools of Georg y 3 in the e ₫ Corthouse at a 11 a Clock at Night in d the 22 year of his Age --
Here William French his Body lies For Murder his blood for Vengance cries
King Georg the third his Tory crew tha with a bawl his head Shot threw For Liberty and his Countrys Good he Lost his Life his Dearest blood
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CHAPTER III.
THE EARLY HISTORY OF VERMONT CONTINUED.
A County Committee of Safety that had been chosen by the New York Convention to look after matters in Cumberland County in the interest of New York, met at Westminster Sept. 2nd, 1777. The following protest made by a member of that Committee showed the feellng and sentiment of the people in Eastern Vermont: viz., "Whereas I, the subscriber, a member of the County Commit- tee of Cumberland to represent the town of Windsor in Convention this third day of instant June, do now in behalf of said town enter my pro- test against any proceeding under the State of New York, either directly or indirectly, as to any jurisdiction over said town.
EBENEZER HOISINGTON."
In June, 1777, an inquiry was made as to the temper of the people in eastern Vermont, and the reply from Cumberland County was, that the New Hampshire Grants had declared themselves inde- pendent and would not let the County Commit- tees sit, nor permit anything to be transacted un- der the jurisdiction of New York." The adherents of New York held meetings in good many of the towns in the interest of that State, but as time went on, those adherents became less, and the opponents of Vermont fewer. On June 15, 1777,
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Gen. Jacob Bagley, who had been a member from Gloucester County to the New York Congress, wrote and declared that the people of that County were almost to a man violent for a separation from New York.
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