USA > Vermont > Bennington County > History of Bennington County, Vt. : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 28
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HISTORY OF BENNINGTON COUNTY.
the record of organization is the following : "The Church of Christ from Hard- wick, and the Church of Christ from Sunderland met together, and after prayer agreed upon and voted : " That said church from Hardwick and said church from Sunderland join together and become one body, or Church of Christ in Bennington. At the same time others united with the church who had come from other towns of Massachusetts and Connecticut. So far as the names have been preserved there was a total of fifty-seven members at its organiza- tion, showing there had been a large immigration up to this time.
A call was given Rev. Jedediah Dewey of Westfield, Mass., " to the work of the ministry among us," by the church and society, at a meeting May 24, 1763, and in the fall he removed here and became the pastor. In the mean- time the church in Westfield joined with the church at Bennington by action of its delegates, on August 14, 1763, in council at Westfield, by solemn vote, signifying their consent to become one church under the pastoral charge of Rev. Jedediah Dewey. This action greatly strengthened the church, and in successive entries at short intervals, the records show frequent and oftimes large additions to it. Rev. Dewey was respected and beloved by the people of the town, and is believed to have exerted a large influence in their secular as well as spiritual affairs.
As early as in October, 1764, a military company was formed in town, of which an authentic roll was found among the papers of the late Captain Elijah Dewey, as follows, viz. : "Muster roll of the first company of militia in the town of Bennington, organized October 24, 1764. Officers .- John Fas- sett, captain; James Breckenridge, lieutenant; Elisha Field, ensign. War- rant officers .- Leonard Robinson, first sergeant; Samuel Safford, second ser- geant ; Ebenezer Wood, third sergeant ; Henry Wallbridge, fourth sergeant. Rank and file .- Benjamin Whipple, first corporal; John Wood, second cor- poral; Samuel Pratt, third corporal; Peter Harwod, fourth corporal. Music .- Benjamin Story, drummer. Military company, 1764 .- Timothy Abbott, John Armstrong, Libbeus Armstrong, Samuel Atwood, John Burnham, W. N. Burnham, John Burnham, jr., David Barnard, Levi Castle, Nathan Clark, Na- than Clark, jr., Asa Clark, Nathan Clark, third, Isaac Clark, Cornelius Cady Johnson Cleveland, Robert Cochran, Samuel Cutler, Isaac Davis, Elijah Dewey, Enoch Eastman, David Fassett, John Fassett, second, Jonathan Fassett, Josiah Fuller, Thomas Henderson, Zachariah Harwood, Abraham Newton, George Pengry, Timothy Pratt, Silas Robinson, Moses Robinson, Joseph Richardson, Daniel Rood, Benajah Rood, David Safford, Joseph Safford, Johathan Scott, Matthew Scott, Moses Scott, Oliver Scott, Phineas Scott, Samuel Scott, John Smith, Daniel Scott, John Smith, jr., Joseph Smith, Thomas Smith, Elijah Story, Thomas Story, Samuel Stubbs, Joseph Wickwire, Samuel Wright.
"(Signed) SAMUEL ROBINSON, Clerk."
The above list is supposed to embrace all the able-bodied men then in town between the ages of eighteen and sixty.
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TOWN OF BENNINGTON.
In the fourth volume of the " Documentary History of New York," at page 588, is a list of the persons settled in Bennington prior to June 1, 1765, pre- pared by recollection by Samuel Robinson, esq., in New York City, in De- cember of that year, and furnished the governor of that province, Mr. Robin- son being in New York as the agent of the settlers. This list contains the fol- lowing names not found on the foregoing military roll, viz .: George Abbott, Hezekiah Arınstrong, Elkanah Ashley, Benjamin Atwell, Benjamin Brown- son, Eliphalet Collins, Rev. Jedediah Dewey, Jonathan Eastman, Barnabas Harman, Simeon Harman, Eleazer Harwood, Jacob Hyde, John Holmes, John Holmes, jr., Samuel Montague, Jedediah Merrill, Jolin Pratt, Silas Pratt, Samuel Robinson, esq., Ebenezer Robinson, Joseph Rudd, Stephen Story, Gideon Spencer, Samuel Sweet, Benjamin Warner, Daniel Warner, Seth Warner, Ben- jamin Whipple. Of these Samuel Robinson, esq., Samuel Montague, and per- haps two or three others, were among the earliest settlers, but who from age or for other reasons had not been enrolled in the military company. The resi- due were doubtless new comers.
On a petition of the settlers to the king, dated November, 1766, are found the following names not on either of the previous lists, viz .: "Joseph Barber, Robert Cochran, jr., Jonathan Carpenter, Nathaniel Dickenson, M.D., Stephen Fay, Nathaniel Holmes, Nathaniel Holmes, jr., Samuel Hunt, Elnathan Hub- bell, Israel Hurd, Weight Hopkins, Stephen Hopkins, Daniel Mills, Joseph Robinson, Nathaniel Spencer, Henry Wallbridge, jr, Joseph Willoughby."
On a petition to the governor of New Hampshire, dated October, 1769, the following new names are found among the Bennington petitioners, viz .: "Eb- enezer Allen, Cornelius Cady, jr., Reuben Colvin, Brotherton Daggett, Elijah Fay, Benjamin Fay, Joseph Fay, Nathaniel Fillmore, Jesse Graves, Simeon Harman, jr., Jacob Hyde, jr., Daniel Harman, Simeon Hathaway, Thomas Jewett, Ebenezer Lyman, Josiah Noble, Seth Porter, Joshua Reynolds, Jona- than Scott, jr., John Stewart, Azel Warren, Reuben Warner, Isaac Warren, Elijah Wood."
There were other inhabitants of the town whose names are not found on either of the foregoing petitions. The following are on the town records, viz .: " In 1768 Jonas Fay, Robert Cochran, second; in 1769 Samuel Herrick; in 1770 Ebenezer Walbridge; in 1771 Charles Cashman ; in 1772 Elnathan Hub. bell, jr., David Haynes, Moses Hurd, Roswell Mosely, and in 1774 Jesse Tin- ney, Zepheniah Branch, Benjamin Webb and Eleazer Hawks."
Many others were here prior to the commencement of the Revolution in 1775, among whom were the following: "Thomas Abel, Nathaniel Brush, Samuel Blackmer, Jeremiah and Calvin Bingham, John Brackett, Eleazer Ed- gerton, William Henry, Joseph Hinsdill, John Kinsley, and John Weeks. Besides these several of the sons of the early immigrants to the town had grown from childhood to manhood, and become active members of society, 32
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HISTORY OF BENNINGTON COUNTY.
viz .: The Robinsons, Staffords, Deweys, Harwoods, Hubbells, Harmans, Wal- bridges, and many others." S
It will be necessary in order to understand the bearing of much that will follow in the part taken by the settlers in the difficulties with reference to their land titles, to give the situation somewhat at length. "The lands of the settlers had been granted by charters issued in the name of the king of Great Britain, purporting to be by his authority, and evidenced by the signature and seal of the governor of New Hampshire, one of his majesty's royal provinces, and the farms which they occupied had been fairly purchased and paid for. It was the doc- trine of that day that the ungranted lands of the country belonged to the Crown, and as the lands in question were universally believed to be within the province of New Hampshire, it had not occurred to the purchasers that any question could arise in regard to their titles. Such question was, however, made, and the controversy which it produced was of a novel and interesting character.
The first public intimation given to the settlers that their claim under New Hampshire might be called into question was from a proclamation issued by Mr. Colden, lieutenant-governor of New York, on the 28th of December, 1763, in which he claimed jurisdiction, by virtue of an old grant to the Duke of York, of the territory to the north of Massachusetts, as far east as Connecticutt River, and "commanding the sheriff of the county of Albany to return to him the names of all persons who had taken possession of lands under New Ilampshire Grants."
To quiet the settlers and give encouragement to other emigrants, Benning Wentworth, governor of New Hampshire, issued a proclamation setting forth the right of New Hampshire to the lands, and recommending "to the several grantees and claimants under that government to be industrious in clearing and cultivating their lands agrceable to their respective grants," and commanding "all civil officers under that government to be diligent in exercising jurisdic- tion in their respective offices as far westward as grants of land had been made by the government of that province, and to deal with any person or persons that might presume to interrupt the inhabitants or settlers on said lands, as to law and justice appertained." This counter proclamation had its intended effect, and the settlements on the grants progressed with new vigor, that of Benning- ton not behind the others.
But the government of New York not choosing to rely upon the doubtful title which it had set up to those lands under the grant to the Duke of York, made application to the Crown for a confirmation of their claim. This appli- cation was said to have been supported by a petition purporting to be signed by a large number of the settlers on the New Hampshire Grants, (at this time there had been settlements in Arlington, Manchester, lownal, and other towns in the vicinity, as also on the east side of the mountains) representing that it would be for their advantage to be annexed to the colony of New York; and
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on the 20th of July, 1764, an order was obtained from the king in council, by which the " western bank of the River Connecticut from where it enters the province of the Massachusetts Bay," was declared "to be the boundary line be- tween the two provinces of New Hampshire and New York."
The people on the "New Hampshire Grants (by which name the territory now Vermont began to be called), regarded this order in council as merely ex- tending the jurisdiction of New York in future over their territory, and had no apprehension that it could in any way affect the title to their lands. But the governor of New York gave another construction to the order, contending that it had a retroactive operation, and decided not only what should thereafter be, but what had always been the eastern boundary of New York, and that con- sequently all the grants made by the governor of New Hampshire were void. The governor of New Hampshire at first remonstrated against the change of jurisdiction, but finally acquiesced in it, and left the settlers to make such terms as they might with the new government under which they had been thus invol- untarily placed."
The settlers were not disposed to have any serious difficulty with regard to the jurisdiction of New York over what was now termed the "Hampshire Grants," which had been fixed by order of the Crown, though they would much prefer the institutions of New Ilampshire, with which they were acquainted, to those of New York. They had hitherto been allowed to meet annually and elect their own local officers, and make their own municipal regulations. Most of these matters in New York were under the control of provincial legislation, superintendence of the governor and council, and officers appointed by them.
The division of the old province of New York into large tracts called man- ors, patents, etc., owned by landlords or patrons, with all cultivating the soil as their tenants, subject to the payment of quit rents, alienation fees, etc., did not at all accord with their ideas of independence and personal equality. These grants contained a large quantity of fertile lands, much of which had been highly improved, and the desire of the governor of New York to derive a pe- cuniary profit from them, was a temptation he could not resist.
The order was made on the settlers by proclamation to give up their char- ters and repurchase their farms and lands from the province. A few of the towns near Connecticut River complied, but most of them, including Benning- ton and the other towns in the county of Bennington, refused. The governor now made new grants of the towns to his friends, among whom were members of his council, judges of the court, many of the members of the bar and of the Colonial Assembly. The relation this favored class of grantees held to the government gives a well founded reason why the claim of New York to the lands was afterward prosecuted with so much zeal. Measures were now taken to have the lands surveyed, with a view of disposing of them as the property of the new grantees. Such proceedings were very distasteful to the settlers, and
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the surveyors were in different ways hindered in their business and compelled to leave the grants. It is said that one of the surveyors when attempting to run a line across the farm of Samuel Robinson was attacked by him with a hoc and driven off. For this Robinson was apprehended and after being confined two months in Albany jail, was released on payment of a fine. The efforts of the sheriff of Albany county, whose jurisdiction extended to the Connecticut river, as it was claimed, in his attempts to arrest those who were indicted, were generally unsuccessful, and the settlers, who had full confidence in the justice of their cause, were led to remonstrate with the Crown, as they were continu- ally being annoyed by the New York authorities.
Samuel Robinson was appointed at a convention of several towns with Ben- nington, the agent to present the remonstrance to the king. He reached Eng- land in the winter of 1766-7, and on presenting his case to the Crown the fa- vorable light in which it was received augured a fair prospect of success. On the 20th of July, 1767, he obtained an order of the king, forbidding the gover- nor of New York, "upon pain of his majesty's highest displeasure, to presume to make any grant whatever of any part of the lands in controversy until his majesty's further pleasure should be known concerning the same." The sick- ness of Mr. Robinson and his death from smallpox in October of the same year ended for the time being further negotiations on this matter.
At this time and previously the warnings of town meetings in Bennington, as recorded on the town records, were signed by the selectmen, and directed to the constable, who gave notice to the people, and were all headed "Province of New Hampshire, ss.," etc., showing that the inhabitants still claimed to be under that province. From 1770 until the establishment of the constitution of Vermont in 1778, the warnings were simply dated at Bennington, indicating that they held themselves independent of all authority but their own.
Among those who had come into the town before this was Seth Warner, a young man of good judgment and character, who was to develop and become an advisor and champion of the settlers, holding their confidence through their long grievances, and eventually to be the acknowledged and honored leader in the military affairs of the State. He entered actively into the struggles of the settlers, and with such a balanced mind and clear head, never rash but always ready, that he made himself seemingly indispensable in the long continued contest.
Enough has been told to give even the stranger an insight into the merits of this great controversy, and to enlist the strongest sympathies with those who were defending their families, their homes, and their firesides against the un- scrupulous efforts of the New York colonial officeholders. With their con- tinued exertions in protecting their property the settlers made great progress in clearing the land and cultivating their fields, and in education and religious advancement.
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Petitions had been from time to time sent to the governor of New Hamp- shire, asking for his interposition in their behalf, and stating that writs of eject- ment had been issued to obtain possession of their farms, and that the grantees under New York were running out their lands by order of that government.
In the fall of 1769, when a number of the people were assisting James Breckenridge, near what is now called "Irish Corners," in harvesting his corn, a party of surveyors came upon the farm and appeared to be running a line across it. Mr. Breckenridge with Samuel Robinson entered into conversation with them, who stated they were acting under the authority of New York to divide among the proprietors the patent of " Wallumshaik." 1They forbid further surveying, stating that they protested against it to preserve their legal rights. Force was not used, but doubtless would have been, had not the party retired. One of the proprietors of the patent petitioned the governor and council of New York, saying that the officers for dividing the patent had been " riotously opposed by sundry persons, and prevented by their threats from executing the trusts reposed in them." Upon this a proclamation was issued by the governor "for apprehending and securing the principals and ringleaders;" and at the next January term of the Albany courts, among those indicted as rioters were the Rev. Jedediah Dewey, Joseph Robinson, Elijah Fay, Thomas Henderson, Ebenezer Robinson and John Stewart, none of whom, however, were arrested or brought to trial.
In October, 1770, a proclamation was issued " for apprehending Simeon Hathaway, Moses Scott, Jonathan Fisk and Silas Robinson, as authors and actors in the late riot, and to insist that the governor had orders from the king to protect the New York claimants with his whole power and authority." One of these, Silas Robinson, who lived about two miles north of Bennington Center, was arrested on the 29th of November, by a party headed by the sheriff of Albany county and one John Munro, a friend of the " Yorkers " then residing in Shaftsbury Hollow near White Creek. The party came upon him unexpectedly when alone, and returning with great rapidity, before any notice to his neighbors could be given, they succeeded in taking him to Al- bany where he was confined about a year, when he was released upon bail.
A crisis seemed now to be approaching. The result of the actions of ejectment which had been brought and were expected soon to come to trial in Albany, was not anticipated with pleasure, though they were determined to appear and make the best defense they should be able to. Ethan Allen appeared about this time, coming to this town from Salisbury, Conn. He was about thirty-two years of age, an athletic man, of strong intellect, and, though
' Upon this " patent, " much the greater portion of which was within the acknowledged bounds of New York, and had been granted long before that of the township of Bennington, was located the farm of Mr. Breckenridge. The provisions of the grant had not been fulfilled, and for other reasons it did not carry with it a valid title to the land.
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without much early education, of considerable general information. He was bold, with great confidence in his own abilities, and possessing a better ac- quaintance in New England and New York than inost of the people his aid was welcomed, and he was employed as an agent in defending the suits against the settlers. These suits were against persons in other towns of the grants, be- sides those residing in Bennington. He made preparations, going to New Hampshire for copies of papers, employed an eminent counselor from Con- necticut, Mr. Ingersol, and in June, 1770, appeared before the court at Albany with the defendants. The documents presented by the settlers to substantiate their titles, including the charter and deeds from the original proprietors, were rejected by the court as of no validity, as they presupposed that the boundary of New Hampshire might extend westward of the Connecticut River, which would not be allowed by a New York court or jury. As all the suits of ejectment were based upon the same construction of the grants, these decisions which were adverse to the defendants, were taken as a precedent for the balance, the settlers abandoning further defense, though other cases were called and de- cided against without opposition.
After Allen left the court it is said some of the officials interested in the New York grants, one of whom was the king's attorney-general for the colony, made it convenient to see him, and while endeavoring to convince him that his cause was desperate and could not be maintained, reminded him of the proverb, that "might often prevails against right." To this, Allen in one of his characteristic speeches, replied, " the gods of the valleys are not the gods of the hills " Carrying the interview still further, Kempe, the king's at- torney, in asking an explanation of his language, was told that the meaning would be made plain if he would accompany him to Bennington.
On the return of Allen and his friends, after the unfavorable results in the Albany courts, the finding was spread through the grants, creating great un- easiness, but the inhabitants of Bennington immediately assembled and form- ally determined to defend their rights, if necessary by force, and together resist all encroachments upon the lands held under titles from the governor of New Hampshire. This was a bold step, and was entered upon with a settled purpose, and in this determination they were seconded by the settlers of other towns of the grants. Suits which were now brought were not defended in the Albany courts, but when the sheriff and magistrates came to execute writs of possession and remove the occupants from their lands they exhibited that tact and courage which proved more forcible and effective in establishing their rights than any arguments, however well put, they could present in Albany.
A town-meeting was called in Bennington, to consider the grave situation and see what should be done. It was determined that until a final decision of the controversy by the king the lands of the defendants should not be surrendered; that the execution of writs of possession should, if necessary, be
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resisted with force; and that the farms of James Breckenridge, in the west part of the town, and Josiah Fuller, in the southeast, against whom judgments had been obtained, should be taken under the special protection of the town, a committee being appointed to see that they were effectually defended.
The importance of still another attempt to get possession of and divide the lands of James Breckenridge, made on the 19th of July, 1771, which proved unsuccessful, is the excuse for giving a somewhat lengthy account of it. Whenever the sheriff went to execute his writs, Munro says, he was "op- posed by a number of armed men who had shut themselves up in the defend- ants' houses, and threatened to blow his brains out if lie proceeded " Accord- ingly it was resolved that the posse comitatus, the militia of the county, should be called to the aid of the attending officer. "Sheriff Ten Eyck, left Albany the 18th, in command of about three hundred variously armed men of dif- ferent callings, among whom was the mayor, several alderman, and four eminent counselors-at-law. They remained over night at Sancoick, a little west of North Hoosick, having had some additions on the way, and took up their line of march the next morning for the residence of Mr. Breckenridge, some six or seven miles away." The settlers had been informed of the com- ing of the sheriff and his posse, and were prepared to receive them. The farm- house was situated about a mile from the New York line, at the foot of a slight ridge of land running east and west, then covered with woods; along the southerly side of which ridge ran the road, by which the posse would naturally come. In the woods, so far behind the ridge as to allow their heads and the points of their muskets to be obscurely seen among the trees from the road, were posted nearly one hundred well armed men. Across a cleared field to the southeast of the house, in sight and within gunshot of it was an- other somewhat smaller body of armed men. The house itself had been pre- pared against an assault by strong barricades for the door and loopholes in the walls from which to fire upon the assailants, and within it were eighteen resolute men, well supplied with the proper means of defense, and provided with a red flag, to be hoisted from the chimney to notify their friends without whenever their assistance should be needed. The family of Mr. Breckenridge had taken up their temporary abode at a neighbor's, and in this condition the settlers calmly waited the approach of their adversaries.
When the advance of the sheriff's party reached the bridge across the Walloomsack half a mile to the northwest of Breckenridge's, they found it guarded by "six or seven men in arms who said they had orders to stop them." However, after some conversation, it was agreed that a few of the party might pass for the purpose of seeing Mr. Breckenridge, upon condition that no man should cross until their return. These, headed by Mayor Cuyler, were then conducted near Mr. Breckenridge's house, where they found some twenty or thirty others. On being inquired of why so many men were
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