USA > Vermont > Bennington County > History of Bennington County, Vt. : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 12
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As the reader has already been informed, all that part of the State that lies west of the main range of the Green Mountains was, at the date named, in- cluded by the county of Bennington, and so continued from the time the State Legislature created the same until the month of February, 1781, when, by the erection of Rutland county, west of the mountains, and others on the east, it was reduced to its present environment.
But the reader, it is earnestly hoped, will pardon some further brief allu-
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HISTORY OF BENNINGTON COUNTY.
sion to the general events of the State's territory subsequent to the formatio: of this county ; and, by reason of the fact that a part of the State of New Yor was, for a short time, annexed to this State, and adjoined Bennington county on the west, and became a part of this county, it seems proper, if not impor tant, that some reference be made to these things. Likewise, there was an- nexed to the State, on the east, a strip of land that came from New Hamp shire ; but this, too, was only for a brief period of time.
No sooner had the several branches of the State government of Vermont become organized for the transaction of businesss than they were waited on by a committee representing a number of towns lying east of the Connecticut, who asked that their territory be annexed to the State of Vermont. To meet this committee a joint committee from the council and Assembly was chosen as follows : From the council, Jonas Fay, Ira Allen and Peter Olcott ; from the Assembly, Colonel Barrett, John Fassett, Reuben Jones, and Captain Curtis. After mueh consideration the whole matter of annexation of New Hampshire towns was, on the 18th of March, referred to the people of the several towns of Vermont to be decided by ballot. The election was held in June, and resulted in favor of the union, thirty seven towns voting in the affirmative, and twelve in the negative. Thus, by the voice of the people sixteen townships of land lying cast of the Connecticut River were annexed to the State of Vermont, and so became entitled to and had a representation in Vermont's house of Assembly.
But the authorities of the State of New Hampshire were by no means dis- posed to submit quietly to this reduction of their territory ; therefore the gov- ernor of that State, by the order of council and assembly, at once made an in- dignant protest against the action of Vermont in receiving the towns into union with the latter State. This gave rise to considerable discussion which was continued for some time, and has always been known in history as " The Con- troversy with New Hampshire." The contest was carried on for a consider- able time between the governments of the two States, but finally a feeling of dissatisfaction was created in the Vermont Assembly that eventually led to the withdrawal of deputy Governor Joseph Marsh and twenty-six other persons representing various branches of the Vermont government. This and other causes induced the authorities to retrace their steps. They again submitted the matter to the determination of the people, who this time voted that the union with a part of New Hampshire should be dissolved. Accordingly, on the 12th of February, 1779, upon the report of a committee recommending such action, the house passed a resolution declaring the union to be dissolved. and made "totally void, null and extinct." The report of this proceeding was conveyed to the authorities of New Hampshire by Ira Allen. Thus ended this unfortunate controversy.
Although this matter-the controversy with New Hampshire-has been given here an inconsiderable notice, a mere mention, it, nevertheless, placed
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THE LAND CONTROVERSY RESUMED.
Vermont in a very embarrassing, if not alarming position, and between the State of New Hampshire on the one side, and New York on the other, together with the dissenting and almost revolutionary element of the people within her own borders, the situation had become decidedly critical. The inhabitants of Cumberland county had never yielded a hearty support to the measures of the new State, but, situated as they were, in a locality remote from New York, with whom they would rather affiliate, they were held in subjection by the controlling masses of Vermont. But in 1779, while Vermont and New Hamp- shire were quarreling over the annexed territory, the people of Cumberland county, or many of them at least, presented a petition to New York asking that that State come to their relief and enforce the authority over Vermont to which New York was entitled. This disaffected element even went so far as to or- ganize a military association to resist the Vermont authority. To suppress this uprising Colonel Ethan Allen was ordered by the governor to raise a regiment of militia and march them into the revolted county. Upon this Colonel Pat- terson, the head of the military organization of Cumberland county, addressed the governor of New York, asking military aid from that quarter ; but Gov- ernor Clinton, not feeling able to respond with substantial assistance, wrote the people that they should not acknowledge the Vermont authority, neither should they submit to it unless threatened with absolute ruin. Governor Clinton also sought the intervention of the power of Congress, which body, on the first of June, 1779, adopted a resolution appointing a committee to " repair to the in- habitants of a certain district, known by the name of New Hampshire Grants (not recognizing any State government), and enquire into the reasons why they refuse to continue citizens of the respective States, which, heretofore, exercised jurisdiction over the said district; for that, as Congress are in duty bound, on the one hand, to preserve inviolate the rights of the several States, so on the other they will always be careful to provide that the justice due to the States does not interfere with the justice which may be due to individuals."
According to their instructions the committee proceeded to Bennington, where they held several conferences with the friends of New York and Ver- mont, but failing to arrive at any amicable adjustment of the controversy they returned to Philadelphia and reported their proceedings to Congress. The main reason why no adjustment of the difficulty could be made was the fact that but two of the Congressional committee attended the conference.
This matter was made the leading business of Congress, on Friday, the 24th of September; and it was then resolved to determine the controversy, by Con- gress itself, on the Ist of February, 1780, at which time Congress will, says the resolution of that body, "proceed to hear and examine into the disputes and differences relative to jurisdiction aforesaid, between the said three States re- spectively, (Massachusetts had, in the meantime, interposed a claim to juris- diction over a part of Vermont, more, it is believed, to help the cause of the
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HISTORY OF BENNINGTON COUNTY.
latter, than otherwise), or such of them as shall pass the laws before mention. (laws agreeing to refer the differences to Congress, to be passed by New Y. . New Hampshire and Massachusetts), on the one part, and the people on t district aforesaid, who claim to be a separate jurisdiction, on the other," etc.
But something seems to have occurred that induced Congress to modit. this resolution, for, on the 2d of October, a part of the same was rescinded, an : in its stead was adopted another, to the effect that "it is hereby recommend. to the States of New Hampshire, Massachusetts Bay, and New York, to ar- thorize Congress to proceed to hear and determine all disputes subsisting be- tween the grantces of the several States aforesaid, with one another, or with either of the said States, respecting title to lands, lying in the said district, to be heard and determined by ' commissioners or judges,' to be appointed," etc.
The main feature of this substituted resolution, aside from the fact that the investigation is to be heard before "commissioners or judges," is, that the State of Vermont, the New Hampshire Grants, or any residents, or any claim of any residents, other than as grantees of the States named, is wholly ignored. In truth, by this resolution Congress absolutely repudiates the idea, apparently, that there is any organization of any sort, worthy of recognition, in existence on the disputed territory; but the resolution provides incidentally that the in- habitants of the New Hampshire Grants shall have notice of the intended pro- ceedings.
This state of things certainly did not present a very gratifying prospect to the people most seriously to be affected by its ultimate determination; but they do not seem to have been at all dismayed or even discouraged by the unfavor- able outlook. During the same month, a little later, however, the local legis- lature was assembled at Manchester, proceeding with their regular duties, pass- ing laws for the future government of the State, and disposing of the affairsin- cident to the defense of the frontiers, as had previously been their custom. But this matter, of course, received due attention, and earnest, serious considera- tion; and on the 22d of October a resolution was passed that there be chosen by ballot, five persons to represent the State before the United States Con- gress, "on the first day of February next; and that they, or any of them, are hereby, fully authorized and empowered, by the representatives of the freemen aforesaid, to vindicate their right to independence, at that honorable board." The agents thus chosen to represent the State were Ethan Allen, Jonas Fay, Paul Spooner, Stephen R. Bradley, and Moses Robinson.
It would be impossible in continuing this narrative to recount in detail all of the proceedings taken by the several interested bodies in an attempt to arrive at a settlement of the controversy in question. The matter was brought before Congress in March, 1780, but preceding that occasion there was pub- lished to the country the famous defense of the action of Vermont, prepared by Stephen R. Bradley, and which has ever since been known in history as
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ENLARGEMENT OF TERRITORY.
"Vermont's appeal to the candid and impartial world." Should the reader desire to peruse this remarkable address, at its full length, the same will be found in volume II. appendix D, of the work entitled "Governor and Council," published in 1876, by the authority of the State.
The subject of the controversy was not called up in Congress on the day set for that duty, and was not moved until the 21st of March, 1780, at which time action was postponed. Its consideration was resumed on the 2d of June, and also on the 9th, but was, on the latter day, again postponed until the sec- ond Tuesday of September, at which time Congress promised a final determi- nation of the whole matter; but, notwithstanding that, the subject was before them on several succeeding days, and finally, on the 27th of September, Con- gress resolved, "That the farther consideration of the subject be postponed." Says a contemporaneous writer : "The agents of Vermont were indignant at this course of proceeding. They perceived that, in attempting to decide upon the controversy between New York and New Hampshire, Congress was adjudi- cating upon the very existence of Vermont, without waiting for her consent, or condescending to consider her as a party; thus in effect, assuming the ground that she did not, in any sense, possess the attributes of sovereignty. They therefore withdrew their attendance," etc.
But notwithstanding all the troubles and burdens that perplexed the peo- ple of the unfortunate State of Vermont, they were not wholly friendless; and not only this, but there were towns then outside the State that were anxious to be annexed to the territory of the State. On the 10th of l'ebruary, 1781, an application was made to the Legislature of Vermont, then in session at Wind- sor, from delegates representing forty-three townships of New Hampshire, asking that the jurisdiction of the State of Vermont be extended over their territory, and that they thus be received into that State. After the matter of this petition had been fully investigated and considered, the Vermont Assen- bly did, on the 14th of February, 1781, extend her jurisdictional claim over the territory seeking her protection, but it was not until the 5th of April following that the union was perfected. On the next day, the 6th, thirty-five represent- atives of towns east of the Connecticut River took their seats in the General Assembly of Vermont.
At about the same time the application was made by the New Hampshire towns, there came a similar petition from towns in New York State, and this matter next occupied the attention of the local legislature. To investigate the premises, and ascertain whether satisfactory articles of union could be agreed upon, the sub-committee of the whole put upon its passage a measure provid- ing for a committee to attend at Cambridge for the purpose specified, which measure was adopted by a vote of forty-eight yeas, there being thirty-nine nays. The Legislature then adjourned to meet at Bennington on the second Wednesday of June, 1781.
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HISTORY OF BENNINGTON COUNTY.
In June the Assembly, together with the governor and council, met at Ben. nington as provided, and proceeded to transact the business at hand. Il. articles of union were exhibited, agreed to by the interested parties bearing tin- signatures of John Rogers, chairman of the Cambridge convention, and Most Robinson, chairman of the committee of the Vermont Legislature. After some debate upon the question it was put to a vote in the Assembly and carried, fifty-three yeas, twenty-four nays.
By this union a number of towns were annexed to the western territory of Vermont, and being so annexed were entitled to a representation in the Leg- islature. These towns, together with the several representatives from each, were as follows :
Scorticook, Thomas Benedict and Benjamin Hicks; Hoosack, John Abbott, and John Johnson ; Greenfield, Gideon Warren; Little Hoosack, David Ran- dall and Dr. Abraham Burdick ; Black Creek, John Shepherd ; South Gran- ville, Joseph Craw ; Granville, Asaph Cook; Skecnesborough, Aaron Fuller; Saratoga, Thomas Smith and John Rogers; Cambridge, Phineas Whiteside and Joseph Caldwell.
At this same session the Assembly passed a law whereby it was enacted "that the townships of Little Hoosack, Hoosack, Cambridge, Scorticoke, and Saratoga-east, be and are hereby annexed to the county of Bennington; and all that remaining part of the aforesaid townships, be and are hereby annexed to the county of Rutland. The same act also incorporated each as a separate township.
Having now devoted considerable space to the events of the history of the State that related more particularly to her affairs connected with the outside world, and to her various endeavors to have her State independence recog- nized and established, we may properly return and review the events of the internal policy of the State, and observe what steps are being taken to perfect and advance her domestic organization. This subject has, perhaps, more to do with the actual history of the county than that to which the foregoing pages have been devoted, but at the same time may be found less interesting to the reader.
On the 4th of June, 1778, the Assembly met in session at Bennington. About the first business transacted after the organization was the measure de- fining the powers of the special courts theretofore created, by which the special courts " are not deemed county courts," within the meaning of the act passed at the March session.
On the 6th of June the Assembly was called upon to consider the petition of David Redding. This will recall to some of the descendants of pioneers the famous Redding case, the facts of which, as gleaned from "Slade's State Papers," were about as follows: Redding, according to the story, had been convicted of "enemical conduct," and sentenced to be executed on the 4th of June. The
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FIRST PUBLIC EXECUTION.
curiosity which has ever been manifested on such occasions was, on this, greatly heightened by the fact that a public execution had never been wit- nessed in Vermont. To this curiosity was added the strong feeling of indigna- tion which such a crime was calculated to excite at that period. Under the influence of these feelings a vast multitude collected to witness the execution. In the meantime, however, the council learned of an important defect in the proceedings. Redding had been tried by a jury of six only, which was dis- covered to be contrary to the common law of England, that accorded every accused felon a trial by a jury of twelve of his peers. Accordingly the matter was presented to the governor and council, and the condemned was granted a reprieve, on the very day upon which he was to be hanged, until the 11th of June, that a new trial according to law might be had.
With such a multitude, and on such an occasion, it was vain to reason, or talk of the rights of Englishmen. They had all pronounced the culprit guilty. and were not in a condition to understand upon what principle the verdict of the whole community could be set aside with so little ceremony. While they were agitated with mingled emotions of disappointment and indignation, Ethan Allen suddenly pressed through the crowd, mounted a stump, and waiving his hat exclaimed, "Attention the whole!" thus drawing them around him. He then proceeded to announce the reasons for the reprieve, advised the multi- tude to depart peaceably to their homes, and return on the day fixed for the execution, in the act of the governor and council, adding, with an oath, "you shall see somebody hung, at all events, for if Redding is not then hung I will be hung myself." The crowd then dispersed. Redding was again tried on the 9th of June, and executed two days later.
On the 17th of June the Assembly voted to appoint judges for the special court for the several shires of the counties. For Bennington shire were, Sam- uel Robinson, Martin Powel, John Fassett, Thomas Jewett and Gideon Olin ; for Rutland shire, Thomas Rowley, Hebar Allen, John Starks, Jonathan Fas- sett and Theodus Curtiss. On the 19th it was voted that Benjamin Fassett be clerk for the district of Bennington, and Moses Robinson for the district of Manchester. This day the Assembly adjourned subject to the call of the governor.
The Assembly was called together at Windsor on the Sth of October, fol- lowing the election held in that month. A canvass of the votes showed the choice of the following persons to. conduct the affairs of the State for the en- suing year: Governor, Thomas Chittenden; lieutenant governor, Joseph Marsh ; councilors, Joseph Bowker, Jacob Bayley, Peter Olcutt, Paul Spooner, Timothy Brounson Jonas Fay, Benjamin Carpenter, Moses Robinson, Jere- miah Clark, Ira Allen, Thomas Moredock, Elisha Payne; treasurer, Ira Allen. Representatives in Assembly were also chosen from sixty towns of the State. Those from the towns that form a part of the present county of Bennington
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HISTORY OF BENNINGTON COUNTY.
were : Pownal, Joseph Williams, Eli Noble ; Bennington, John Fassett, Ebr- nezer Walbridge; Shaftsbury, Gideon Olin, John Millington ; Arlington, Johu Fassett, jr., Ethan Allen; Sandgate, Reuben Thomas; Sunderland, Joseph Bradley ; Manchester, Gideon Ormsby, Martin Powel; Dorset, Abraham Un- derhill; Rupert, Moses Robinson.
On the afternoon of the oth it was voted and resolved " that Thursday, the 26th of November next, be observed as a day of public and solemn Thansgiv- ing to Almighty God for his manifold mercies."
A Superior Court for the State was established by the Assembly on the 23d of October, for whichi court Moses Robinson was appointed chief judge, John Shepardson second, Jolin Fassett, jr., third, Thomas Chandler fourth, and John Throop fifth judge. And it was also provided that this court sit four times each year-once at Bennington, in the meeting house, on the second Thursday in December; at the court-house in Westminster on the second Tuesday in March ; at the house of Colonel Jamies Mead in Rutland (no date fixed) ; and at Newbury on the second Thursday of September. The Assembly also provided that this court, " at one sitting," do not sit longer than one week.
During this same year, 1778, the governor and council were almost con- stantly in session, providing such measures and means as were necessary to carry on the military operations of the State. Their sessions were held in various places in the State, but three times were they convened at Arlington. At this place, on the 28th of May, they organized the Second and Fifth regi- ments of militia by the selection of officers, both regimental and company. For the Second Regiment the officers were as follows: Colonel, Samuel Her- rick ; lieutenant-colonel, Ebenezer Walbridge; major, Gideon Olin ; adjutant, Joseph Fay ; quartermaster, John Burnham.
First company in Bennington-Captain, Samuel Robinson ; first lieuten- ant, Gideon Spencer ; second lieutenant, - -; ensign, Joseph Hinesdel.
Second company in Bennington-Captain, William Hutchins; first lieu- tenant, N. Fillmore ; second lieutenant, Joseph Ruder ; ensign, Lib Armstrong.
First company in Shaftsbury-Captain, Abiather Waldo; ensign, John Sunderland.
Second company in Shaftsbury-Captain, Jonas Galusha; lieutenant, Gid- eon Lyon ; ensign, Nathan Stone.
Arlington company-Captain, Ebenezer Wallace; lieutenant, Thomas Butterfield ; ensign, James Hawley.
Sunderland company-Captain, Daniel Comstock; lieutenant, Eli Broun- son.
Pownal also had two companies in this regiment, but the names of officers are not given.
Names of officers for the Fifth Regiment-Colonel, Gideon Warren ; lieu- tenant-colonel, James Claghorn ; major, Nathan Smith; adjutant, Jonathan Saxton ; quartermaster, George Foot.
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REGIMENTAL AND COMPANY OFFICERS.
Manchester company -- Captain, Gideon Ormsby; lieutenant, Solomon Soper; ensign, William Saxton.
Rupert company-Captain, Tappan Noble; lieutenant, Enoch Eastman ; ensign, Moses Robinson.
Dorset company-Captain, Abraham Underhill; lieutenant, Richard Dun- ning; ensign, Ephraim Reynolds.
Other companies of the Fifth were also provided, but as they were from beyond the present Bennington county their officers names are not deemed important here. This regiment also had a company from Sandgate, in this county, but no officers names are given for it. It is safe to state, in connec- tion with the foregoing roster of officers, that not all of them served with the respective companies to which they were appointed.
The following is a list of the justices of the peace chosen and authorized by the governor and council, pursuant to an act of the Assembly, passed at Bennington, June 17, 1778. Only the names of those who were appointed from Bennington county, within its present bounds, are given : Pownal, Cap- tain Eli Noble; Bennington, Captain Samuel Robinson; Arlington, Captain John Fassett, jr. ; Sunderland, Colonel Timothy Brounson ; Manchester, Mar- tin Powel; Dorset, Captain Abraham Underhill; Rupert, Reuben Harmon.
Judges of probate for the several districts of the State: Bennington dis- trict, Captain John Fassett; Manchester district, Martin Powel; Rutland dis- trictct, Joseph Bowker; Newbury district, Jacob Bayley ; Hartford district, Paul Spooner ; - district, John Shepardson.
CHAPTER XII.
Boundaries of Bennington County in 1778-79 -- Superior Court Established-Laws Passed by the Assembly-Tories of the several Towns-Board of War Created-Military Districts -- Providing for a Draft-Legislative Sessions -- Proceedings of the Council of Safety and Board of War -- State Officers Elected in 1779-Judges of the Superior Court -- Officers for 1780 -- Board of War for this Year -- Frontier Towns Designated -- Expenses of the State Government -The Value of Continental Currency-Provision Tax Laid on the Towns-The Issue of Bills of Credit Authorized-Revenues of the State Raised by Sale of Confiscated Lands-Sale of Un- granted Lands -- The Haldimand Correspondence Opened -- Exchange of Prisoners with the British-Vermont's Negotiations with the Enemy-Effect of the Same-Close of the Revolution -Vermont again Seeks Admission to the Union- Outline of that Proceeding-Vermont Ad- mitted into the Union in 1791.
THE chapter immediately preceding this made mention of the fact that by an act of the Assembly, the territory of the State was, in 1778, divided into two counties-Bennington on the west, and Cumberland on the east of the Green Mountains. And it is further stated in the same connection that the
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HISTORY OF BENNINGTON COUNTY.
laws of 1778 were believed to be but temporary in their nature, and for the reason were not recorded, leaving to the Legislature of 1779 the duty of mak- ing permanent enactments for the future guidance of the people of the State.
The Legislature this year held their first session at Bennington, commenc- ing on the IIth day of February. While here a number of permanent laws were enacted, and among them was one defining the boundaries of the county of Bennington, which boundaries, from the fact of their not having been particu- larly described by the law of the previous year, and from the fact that the reader may desire to know the full extent of the county, at that time, will be shown by the following extract taken from the act itself: "That the tract of land in the hereafter described limits, as well the lands that are, as those that are not ap- propriated, shall be and remain one entire county, and known by the name of the county of Bennington, viz .: Beginning at the southwest corner of the town of Pownal, thence northerly in the west lines of the towns of Pownal, Benning- ton, Shaftsbury, Arlington, Sandgate, Rupert, Pawlet, and Wells, to the south- west corner of l'oultney; thence northerly on the west line of said Poultney, to the center of a small river, commonly called and known by the name of Pouit- ney River; thence down the center of said river, into the head of East Bay; thence down said bay, through the center of the deepest channel of the same, into South Bay; thence down said bay, through the center of the deepest chan- nel of the same, into Lake Champlain; thence down said lake, through the cen- ter of the deepest channel of the same, to the south line of the Province of Que- bec, being the west line of this State; thence east in the south line of the Prov- ince of Quebec, fifty miles, being the north line of this State; thence southerly to the northeast corner of Worcester; thence southerly on the easterly lines of the towns of Worcester, Middlesex, and Berlin, to the southeast corner thereof; thence on a straight line to the northwest corner of Tunbridge; thence on the westerly line of Tunbridge to the southwest corner thereof; thence in a straight line to the northwesterly corner of Bradford; thence in the westerly line of Bradford and Bridgewater to the southeasterly corner thereof; thence southerly, in a straight line, to the northeast corner of Shrewsbury ; thence on the easterly line of Shrewsbury to the southeasterly corner thereof; thence west to the northeast corner of Wallingford; thence southerly on the easterly lines of Wallingford, Harwich, Bromley, (Peru) Winhall, and Stratton, to the southeasterly corner of the latter; thence southerly on the westerly line of Somerset, to the southwest corner thereof; thence southerly to the northwest corner of Draper ; tlience southerly in the west lines of Draper and Cumber- land, to the north line of the Massachusetts Bay; (meaning the State) thence westerly on the line of the Massachusetts Bay, to the southwest corner of Pow- nal aforesaid, being the south line of this State." By the same act the remain- ing lands of the State were erected into Cumberland county.
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