USA > Vermont > Bennington County > History of Bennington County, Vt. : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 14
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In addition to the above, it also became necessary to have a suitable cash fund on hand, which was in part created by the sale of confiscated property, and the sale of ungranted lands. Prior to this, 1780, there had been no money raised by State tax, neither had the credit of the State been pledged. During the next year, 1781, a law was passed by the Legislature in session at Wind- sor, entitled, " an act for the purpose of emitting a sum of money, and direct- ing the redemption of the same." This law provided for the issue of State bills of credit to the amount of £25, 155. and redeemable on or before the Ist of June, 1782, in silver at the rate of six shillings for one Spanish milled dollar or gold equivalent.
As a matter of interest to the reader, the following compilation of the finances of the State from March, 1777, to October, 1786, both years inclusive, as shown by the statements of Ira Allen, the treasurer during that period :
Continental money received of commissioners on sale of confiscated property . 190,433 pounds, 6 shillings, 4 pence.
Lawful money received from land committee for land granted
66,815 pounds, 13 shillings, 8 pence.
State notes (bills of credit) issued 24,750 pounds, 8 shillings, 7 pence.
Cash received in lawful money from taxes. 38,536 pounds, 17 shillings, LI pence.
Cash received on hard money taxes .. 7,411 pounds, 2 shillings, 7 pence.
But while the authorities of the State of Vermont were making ample pre- parations for a defensive campaign against the British invasions from Canada and the posts occupied by them on Lake Champlain, an incident occurred that induced the Vermont authorities to withdraw their troops from the frontier and likewise the British ceased hostilities against the frontier settlements of the State. The incident referred to was the proposition made by the com- mander-in-chief of the Vermont military to the governor-general of Canada for the settling of a cartel for an exchange of prisoners. To this the gov- ernor of Canada, General Haldimand, replied agreeably, on October 22, to the effect that if the governor of Vermont would send a person to Crown Point, or St. Johns, such person could confer with Major Carleton upon this business. About the same time, October 26th, Ethan Allen had correspondence with Major Carleton, by which it was agreed that there should be a cessation of hostilities. This was followed by the resolution of the Assembly, passed Octo-
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ber 31, 1780, that " the captain-general be and he is hereby requested to dis. charge the volunteers raised for the defense of the frontiers."
This correspondence was opened and carried on for a time, at least, for the sołe and only purpose of arranging an exchange of prisoners, and the armistice was agreed to so that this exchange might be facilitated, and that while the negotiations were pending that there might be no further acts of hostility on either side. But at the same time this mutual correspondence relating to pri -- oners was used as a cover for another purpose, that, had it been carried out as the British emissaries desired, would have resulted in an alliance between England and Vermont, and the latter would have fought against the other States of the Union as their common enemy. This was the desire of the re- presentatives of Great Britain, and they were led to believe that such a union could be brought about by reason of the peculiar and unpleasant relations ex- isting between Vermont on the one hand and the neighboring States and the Congress of the United States on the other hand, and it was natural enough that Great Britain should seek to strengthen her arms in this country by such an alliance.
But Vermont was actuated by wholly different motives. She sought only her independence as a State, free from New York and New Hampshire and Massachusetts, and her representatives, it is sincerely believed, never once dreamed of an alliance with England, and taking up arms against the other States of America, but to better secure that independence, and to husband her whole strength for such effort as was necessary to accomplish that end, her astute leaders encouraged the British hope, by one subterfuge and another, that the general armistice between them might be maintained, and there might be no further British invasion of Vermont territory. For the reader will see that whatever of defensive warfare was conducted by the State was made by it alone, by its own people, and with its own means, without assistance from any other State, or from the United States. Furthermore, Vermont had contrib- uted of her soldiery to the Continental army, and provided for St. Clair's troops while on Vermont soil, but nothing had she received in return from the gen- eral government. To be sure the States of New Hampshire and Massachu- setts had come to her relief when Bennington was threatened, but the support then given was contributed by those States without the authority of the gov- ernment, on their own motion through friendliness, and had General Stark car- ried out the wishes, in fact, the express direction of the commander of the northern American army, and joined forces with him in New York, the re- sult of the battle of Bennington would have, in all human probability, been quite different ; Baum's raid would not have been defeated, and Burgoyne's ad- vance would not have been checked and turned into defeat, and, finally, into surrender. Congress had dismissed Vermont's petition and appeal to be made a separate State, and every act of the local authorities for the maintenance of
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an armed defensive force, or for self-government, or for the welfare of the peo- ple, was declared to be wrong and forbidden by Congress. But in all their distress the people of Vermont never lost hope, or relinquishied a single effort that would bring the unhappy controversy to an amicable and satisfactory ter- mination, and when her funds were likely to fail, and the State liable to be bur- dened with a heavy debt, (for bills of credit had already been issued) accident, or whatever it was, destiny, perhaps, provided a way out of the difficulty, and seeing it, the people and State accepted it and profited by it.
That which has always been known as the Haldimand correspondence, or negotiation, was continued between the Vermont authorities and the British representatives in Canada until near the close of the war, and from the time that correspondence commenced until it was closed, there was no British in- vasion of Vermont territory, there was no loss to Vermont soldiery, and the expense of State government was very materially reduced. The State was given an opportunity to strengthen itself for the coming effort that resulted in its independence. The Haldimand correspondence was opened in October, 1780, and was continued, upon a variety of subjects, until the latter part of the summer of 1782, and after that, as late as March 25, 1783. While peace be- tween the countries was being negotiated, one of the British agents wrote to the Vermont agents concerning their feelings regarding the situation, even then urging an alliance with the British powers. Says a prominent writer : " Thus terminated a nego iation by which Vermont, abandoned, and exposed at every point, was protected, as if by magic, from the overwhelming power of the enemy ; while, at the same time, and by the very same means, she added to her importance in the estimation of Congress, and secured a more respect- ful hearing of her claim to independence." And it might also be stated that these negotiations had the effect of keeping the powerful British army inactive in Canada for three successive campaigns. The war of the Revolution was practically terminated by the surrender of the army of Lord Cornwallis. The great achievement of " Mad " Anthony Wayne at Stony Point had turned the tide of the war in favor of the Americans. Their drooping hopes were revived, while the British and Tories were correspondingly disheartened. From that time forward the life of British supremacy in America hung upon a hair, and that slender cord was broken by the surrender of Cornwallis in the month of October, 1781. But it was not until some two years later that the treaty of peace was formally declared between Great Britain and America; and by the peace then declared this land was thenceforth to be acknowledged by all men as the United States of America, a free and independent nation.
While the negotiations between the British and Vermont agents were car- ried on with all possible secrecy, they nevertheless became known to many leading persons throughout the country, and the proceedings were watched with great interest and anxiety by people outside the State, who had no right .
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understanding of the true spirit that actuated the Vermont agents. Congre also became cognizant of Vermont's course, and, being then powerless to in'. r. fere with her proceedings by sending an armed force to suppress the possib: insurrection that might occur, it was, nevertheless, somewhat inclined to gie the appeals of Vermont for independence a more respectful consideration. Nor did Vermont relax one single effort to bring about the desired end, for while treating with the British on the one side, the State also had representa- tives at Philadelphia to look after her interests in that quarter. At last, on the 20th of August, 1781, Congress passed a resolution, which, while it did no: give positive assurance of the recognition of Vermont as a State of the Union, it did, however, impliedly agree to the recognition upon the State of Vermont relinquishing all claim to the territory over which she had previously ex- tended her jurisdiction, that the lands east of the Connecticut River, taken from New Hampshire, and the New York towns that adjoined Vermont on the east.
But the people of Vermont, after long and serious consideration, determined not to accept the terms offered by Congress and dissolve the eastern and west- ern unions. Therefore proceedings came to an abrupt termination, and the matter relapsed into its former condition, except that the situation of the State was, perhaps, less favorable than before.
However, men's minds do change; and as it is with an individual, so it is with a State, or a Nation. According to this accepted truth the State of Vermont, through its Legislature, on the 23d day of February, 1782, passed a resolution declaring the eastern and western boundaries of the State to be as they had been prior to the annexation, thus dissolving the union that had been formed with parts of New Hampshire and New York.
Upon this being done the agents of Vermont at once proceeded to Phila- delphia and reported the action to Congress, and that body referred the mat- ter to a committee. The latter in due time reported back to the house, but no immediate action was taken. In fact Congress treated the matter with the greatest indifference, and postponed proceedings from day to day, until the Vermont agents became discouraged and left Philadelphia; not however, until they had prepared and sent to the president of Congress a letter setting forth their views in the premises and expressing their disappointment at the extra- ordinary course taken by the house.
After this unhappy termination of affairs New York and Vermont became involved again in the old controversy, in part growing out of the enforcement of the draft in the latter State for the purpose of establishing the military or- ganization in her territory, which was carried to such an extent that Congress interfered, and assumed a threatening attitude toward the Vermont authorities. Governor Chittenden replied at length to the resolution of Congress, and made · a masterly defense of the Vermont position ; and the argument made by the
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worthy executive of the distressed State had the effect of demonstrating con- clusively to the power of the land that Vermont could not be awed into sub- mission to New York authority, nor could they be induced to yield one whit upon the matter of a separate State government. Matters were thus continued with varying effect until there arose a controversy in Congress, growing out of the attempt to reorganize the Federal union, and of the representation therein from the eastern and southern States. Then, in 1789, New York passed a law that had the effect of consenting to the recognition of Vermont as a State, upon certain conditions. To consider this question the people of Vermont met in mass convention at Bennington on the 6th of January, 1791. The subject was debated for some three days, after which, by a large majority, it was decided to accept the proposition
Nothing now remained to be done but to obtain the action of Congress, ratifying these proceedings, which was accomplished on the 18th of February, 1791 ; and Vermont thereupon, by an act of Congress passed March 4, 1791, became one of the United States of America, free and independent.
Thus was ended a controversy that covered a period of some forty years, commencing with the occasion in 1750, when the governors of the province of New York and New Hampshire disagreed upon the right of the latter to make grants of land in the territory that lay between the Connecticut River on the east, and the line twenty miles east of the Hudson River on the west. To be sure the controversy was not engaged in seriously until settlement was com- menced in Bennington township in 1761, and in other neighboring localities soon afterward. In all the interesting events that occurred before the final ad- justment in 1791, the inhabitants of that part of the disputed territory that was, in 1778, erected into the county of Bennington, took an active, in fact, a lead- ing part. The county prior to 1781 embraced all the territory of the State west of the mountains, and the history of that region consequently was the his- tory of Bennington county. The greater proportion of the important meet- ings of the people in convention, of the authorities of the State civil, military, and judicial, were held within the county. Being located as it was adjoining the province and State of New York, here was the scene of strifes, and col- lisions that were indulged in between the conflicting provinces; therefore, from all these and other facts, it will be seen that no early history of Bennington county could be at all complete without some reference to them.
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HISTORY OF BENNINGTON COUNTY.
CHAPTER XIII.
Division of Bennington County in 1781 -Rutland County Set Off-County Elections Ordered Officers to be Chosen-Bennington County Records Destroyed-Towns Annexed to Benning- ton County from New York State-The Annexation Annulled-The Towns that Comprise this County -Their Charter Organization -- Locating the County Seat-A Controversy-The County Has Two Shire Towns-Bennington and Manchester-The County Buildings at Ben- nington -- Three Times Destroyed by Fire -- The Present Court House and Jail at Bennington -Changed from West Bennington -- The Court House and Jail at Manchester -- Establishing Post Routes -- Legislative Act Concerning It -- Bennington a Distributing Office -- End of the System-Merged Into the Federal Government System Upon the Admission of Vermont to the Union.
N the year 1781, on the 13th of February, the General Assembly of the State, while in session at Windsor, passed an act for the division of Ben- nington county, and the erection of Rutland county. This division took from the former all the towns that lay to the north of Rupert and Dorset, on the west side of the mountains, and north of Peru (formerly Bromley), and the gore of land known as the town of Landgrove, on the east side of the mountains. Otherwise the county remained as established and bounded by the law passed in 1779.
The Assembly also made provision for the first election to be held in the counties after the division had been made ; in Bennington county as follows : On the last Tuesday of March, 1781, the constables were directed to warn the freemen to meet at the usual place of holding town meetings in their respective towns, at nine o'clock in the morning; and, after being duly qualified for voting, to proceed first to choose a moderator to govern the meeting. Second, the freemen to give their ballots for him whom they would have for chief judge of the county court in the county, which votes were to be sealed up by the mod- erator in the presence of the freemen. Then in like manner to vote for four assistant judges, which were to be sorted and counted by the moderator and town clerk. Third, the freemen to give in their votes for him whom they would have for sheriff of the county, which votes were also to be sealed up. Fourth, the freemen to give in their votes for one judge of probate for each probate dis- trict of the county, also to be sealed up as above mentioned. Fifth, the free- men to give their votes for two justices of the peace in each town wherein was one hundred taxable inhabitants; and in like manner for one justice of the peace in towns of twenty taxable inhabitants. Sixth, the freemen shall make choice of some meet person to take charge of said votes who shall be sworn to the faithful discharge of his duty, and the persons so chosen shall meet on the first Tuesday of April next (1781) at the house of Thomas Butterfield, inn-
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RUTLAND COUNTY SET OFF.
holder in Arlington, and being so met shall proceed to choose a moderator and clerk. Then to proceed to sort and count the votes given for the persons above named that were required to be sealed by the moderators of the respective towns. It was further directed that after the votes had been sorted and counted a return thereof should be forwarded to the governor that commissions might be isssued to the persons elected to the respective offices.
There does not appear to exist any reliable record of the officers chosen for Bennington county at the March election of 1781. The records of the gov- ernor and council contain reports from the other counties of the State but none from Bennington, except for the office of sheriff, for which Captain Jonas Gal- usha was chosen and commissioned. As is probably a well known fact by the burning of the Bennington county court-house all the old records were con- sumed, thus taking away much valuable information relating to the early civil affairs of the county.
In the same year in which the county of Bennington was divided and Rut- land county set off, there was added to the territory of the former all the towns lying to the westward thereof, even to the Hudson River. This was done upon the petition of residents of the towns, and the territory of each was erected into a township, which, from the month of June, 1781, until the State dissolved her eastern and western unions, became a part of this county, sub- ject to the laws thereof, and of the State, and entitled to the same privileges, and immunities as other towns of the county and State. This, of course, was but a temporary annexation, and was brought about by the State authorities, in part for the purpose of increasing their area, for the purpose of adding to their numerical strength, but mainly for the reason that the inhabitants of the towns were desirous that the union should be made, and were anxious to free themselves from the authority and jurisdiction of New York. The authorities of Vermont believed they should lose nothing by the union, and also thought that it might be productive of some substantial good. Whether this latter sup- position proved true or not, may be a matter of opinion, but, before Congress would consent that Vermont become a State of the Federal Union, one of the conditions precedent was that this union, as well as that on the east of the State should be nullified.
The county of Bennington, as it exists at this present, embraces the same territory as it had at the time of the erection of Rutland county.
The county of Bennington comprises seventeen townships, nearly all of which were in existence before the county, as such, was created ; two of these townships, however, and possibly a third, were chartered after the act that formed the county was passed. The exceptions were Landgrove and Sears- burg, and perhaps Readsboro, for there is no accurate or reliable record of its chartering.
The several townships of Bennington county, with the date of their charter
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HISTORY OF BENNINGTON COUNTY.
formation, as near as the same can be ascertained, are as follows : Benning- ton .- This was the oldest and first settled of the several that are embraced wit ... in the county, and, in fact, the State. It was chartered by Governor Benning Wentworth, of New Hampshire, on the 3d of January, 1749. New Stampford. but now known as Stamford, 1753, rechartered, 1764. Pownal, chartered January 8th, 1760. Arlington, chartered July 28th, 1761. Sunderland, char- tered July 29th, 1761. Manchester, chartered August 11th, 1761. Sandgate, chartered August 11th, 1761. Dorset, chartered August 20th, 1761. Rupert, chartered August 20th, 1761. Shaftsbury, chartered August 20th, 1761. Glastenbury, formerly known as Glassenburg, chartered August 20th, 1761. Winhall, chartered September 15th, 1761. Peru, chartered as Bromley, Octo- ber 13th, 1761. Landgrove, chartered November 8th, 1780. Searsburg, chartered February 23rd, 1781. Readsboro, the date of its charter being unknown.
One of the first acts necessary to be done, upon the organization of the county, was the designation of a town, or locality, for the county buildings, which town by such designation was made the county seat, or the seat of jus- tice. There is a semi official statement on record to the effect that over the question of the location of the county seat in Bennington county there was something of a controversy, as a number of localities were anxious to be so designated, that those most earnest in the matter were Bennington and Man- chester people, and the committee were unable to agree upon either, and give any satisfaction whatever to the representatives of the other. And it is fur- ther said that as Shaftsbury was, perhaps, as centrally located as any of the towns, and, withal, as accessible, it was proposed by the commissioners to designate that town as the shire of the county, but the advocates of Manches- ter and Bennington would not consent to such a compromise ; therefore, to gratify the people of both localities, the county was divided into half shires, thus giving each town the benefits of county buildings. In accordance with this determination, an act of the Assembly was passed in March, 1781, desig- nating Bennington and Manchester as half shire towns, and providing for the erection of a court-house and jail in each.
In the historical sketch of the town of Manchester, written by Henry E. Miner, it is stated that Shaftsbury was first selected as the site for the county buildings, then Bennington, and afterward Manchester and Bennington. Whichever of these accounts may have the greater foundation in fact would be difficult to determine at this late day, but public opinion and belief are inclined to accept the latter as being correct.
Thrice during the period of the existence of Bennington half shire has its court-house been destroyed by fire. The original court-house occupied a com- manding site on the "summit," in the village of Bennington, now known as Bennington Center, a few rods to the southeast of the monument. It was a
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THE COURT HOUSE.
plain frame structure, having strong rooms constructed for the confinement of offenders, besides what was then considered ample accommodations for court and other county purposes. This pioneer building answered the needs of the half shire for nearly a score and a half of years, when, on the morning of May 17th, 1809, it was destroyed by fire.
The loss was at once repaired by the construction of a new frame building for court-house and jail uses, on a site very near and just to the south of that occupied by the former ; but this, too, on the 28th of October, 1846, fell a vic- tim to a like devouring element.
By this time the village of East Bennington had assumed the proportions of a small municipality ; and the enterprising residents of that locality saw at once that the county buildings that must be erected to replace the old one, would be an important factor in the growth of the place in the future. There- fore they used every effort to bring about a change in the location of the court- house from Bennington to East Bennington.
On the 2d of November, 1846, the Legislature passed an act providing for the raising of a fund by tax, for the purpose of new buildings, and at the same time designated a commission consisting of Ebenezer N. Briggs, of Brandon, Abishai Stoddard, of Grafton, and Caleb B. Harrington, of Middletown, to visit the locality and select such site for the court-house as in their judgment should best serve the interests and convenience of the people.
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