History of Rutland County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 66

Author: Smith, H. P. (Henry Perry), 1839-1925. 1n; Rann, William S
Publication date: 1886
Publisher: Syracuse, N.Y., D. Mason & co.
Number of Pages: 1170

USA > Vermont > Rutland County > History of Rutland County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 66

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Jacob Marsh, having bought his land of the New York grantees, was ap- pointed a justice of the peace for the New York county of Charlotte which ex- tended over this section. He is said to have been the ablest "Yorker " in Clarendon, and became foremost in advocating the New York and discrediting the New Hampshire title.

Benjamin Spencer, who lived in the south part of "Durham," and who is represented by Ira Allen in his history as " an artful, intriguing and design- ing man," was active as a York justice and assistant judge. He was one of the principal actors in obtaining the patent of " Durham," his name heading the petition. He was an active agent of the New York speculators in their at- tempts to obtain the land and expel the Green Mountain Boys from their homes. His efforts roused the hostility of the Green Mountain Boys and involved himself in difficulty. In April, 1772, he wrote to Mr. Duane that " the New Hampshire men strictly forbid any further survey being made only under the New Hampshire title. The people go armed and say they will not be brought to justice by this province. . . One Ethan Allen hath brought twelve or fifteen of the most blackguard fellows he can get double armed to protect him." In May he wrote as follows : " The Hampshire men swear that no man shall stay on these lands that favors the government in any shape whatever. The people of Socialborough prevent any settlement at present, swearing that

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they will shoot the first man that attempts to settle under the title derived from New York." These threats, made for the purpose of intimidation, were never executed ; but as Spencer, Marsh, Button and Jenny continued their efforts, as New York officers, to exercise authority and support the New York title, and new occupation of land was made, the struggle grew more earnest and bitter and increased in importance until the valley of Clarendon became the decisive field on which the adherents of New York and the Green Mountain Boys struggled, not only for their homes and firesides, but for the dominion of Ver- mont ; for, had the Yorkers succeeded here, they would have gained a position " that might enable them to overthrow all the other New Hampshire charters,1 and Vermont would henceforth have been a province of New York and all its glorious history as a separate State would never have been written." Aware of the importance of the issue, the Green Mountain Boys determined that none of the New York officers should exercise authority over the disputed territory, and that the Durhamites should separate their interest from New York and ac- knowledge the validity of the New Hampshire title. Early in the autumn of 1773 one hundred Green Mountain Boys, led by Ethan Allen, marched to "Dur- ham." Spencer fled on their approach and was not found. Allen invited the Dur- hamites to repent of their New York attachments and acknowledge the validity of the New Hampshire title, and threatened violence if they did not comply within a specified time. Hoping they would comply with his request, Allen and his party retired without doing any violence to the Durhamites. But the justices continued to issue writs against the New Hampshire men, and the Durhamites, led on by Marsh and Spencer, more loudly than ever advocated the New York title ; and Allen and his party soon after made them a second visit. In order to be sure of capturing Spencer, a party of some twenty or thirty men under the lead of Ethan Allen and Remember Baker went to his house about II o'clock Saturday night, the 20th of November, and took him into custody. He was carried about two miles to the house of one Green, and there kept under guard until Monday morning when he was taken to the house of Joseph Smith, of "Durham," innkeeper, when he was allowed a trial in front of his own house, the place being chosen by himself. By this time the Green Mountain Boys had increased to about 130, all armed with guns, cut- lasses, etc. The people from "Durham" with many from "Socialborough," were also assembled to witness the proceedings. Before the trial Allen ad- dressed the multitude saying that " the proprietors of the New Hampshire grants had appointed himself, Seth Warner, Remember Baker and Robert Cockran, to inspect and set things in order and see that there should be no in- truders on the grants," declaring among other things, that "Durham had be- come a hornets' nest which must be broken up." After his harangue the Green Mountain Boys, or "rioters," as the New York authorities termed them, pro-

1 GOVERNOR HALL'S Early History of Vermont.

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ceeded to the trial of Spencer. There was a scene worthy the artist's pencil, a scene which has no parallel in the annals of history. Beneath the clear sky of that autumn morning, on the green banks of the Otter, in the valley of Clarendon, surrounded by the guardian mountains in their robes of evergreen pine, stood Ethan Allen, at the age of thirty-six, a very Hercules in form and stature, his brow as yet unlit with the glory of Ticonderoga, but the "piercing glance of his eagle eye revealing the chafings of the untamed spirit within, which could brook tyranny in no form and under no guise." By his side, tow- ering above Allen, rises the manly form of Seth Warner, at the age of thirty, his brow unblanched by the snows of Canada, his sword undimned by the blood of Hubbardton ; and, there, too, was Remember Baker, the resolute, undaunted soldier who died for liberty, and Robert Cockran, as judges, surrounded by 130 Green Mountain Boys, the men of Ticonderoga and Bennington, with the red woolen caps and other homespun garments made in the rude cabins of the wil- derness, their faces bronzed with the tan of the woods, yet lit with the fires of liberty, boldly bidding defiance to tyrannical power and maintaining at this out- post on the frontier of freedom the right of man to self-government, years be- fore the guns of Concord echoed over the hills. And there, too, was the great crowd of " Yorkers," viewing with anxious faces the proceedings of Allen and his band. After taking the "judgment seat " the judges ordered Spencer to stand before them, to take off his hat and listen to the accusations against him. He was charged among other things " with cuddling with the land-jobbers of New York to prevent the claimants of the New Hampshire rights from holding their lands, and with issuing a warrant and acting as justice of the peace under New York," etc. His judges found him guilty, and declaring his house to be a nuisance, passed sentence that it should be burned to the ground. But upon Spencer's pleading that his store of dry goods and all of his property would be destroyed and his wife and children be great sufferers if his house was burned, the sentence was reconsidered, and upon the suggestion of Warner it was de- cided that the house should not be wholly destroyed, but only the roof taken off and might be put on again, provided that Spencer should say that it was put on under the New Hampshire title, and should purchase a right under the charter of that province. Spencer having agreed to these terms, the Green Mountain Boys took off the roof "with great shouting and much noise and tumult."

Jacob Marsh, while passing through Arlington on his way home from New York, was arrested and tried for his offenses at the house of Abel Hawley, No- vember 25, 1773. After being threatened with the "beech seal," he was dis- charged with this sentence, " upon pain of having his house burned and re- duced to ashes and his person punished at their pleasure," if he continued to act as a justice of the peace under a New York commission. The judge gave him a written certificate "so that our mob shall not medeal farther with him

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so long as he behaves." On arriving at Clarendon he found some forty or fifty men, led by Peleg Sunderland and John Smith, had unroofed his house and done other damage to his property. Charles Button, of Clarendon, was ar- rested and tried for acting as constable under the New York authority, and compelled to promise that he would never execute any precept under the prov- ince of New York. (See history of the town of Rutland.)

While it was deemed necessary for the general security of the New Hamp- shire claimants that the Durhamites should purchase their lands under that title, Allen and his friends were determined that they should not be compelled to pay unreasonable prices for them, and wrote as follows : -

To Mr. Benjamin Spencer, and Jacob Marsh and the People of Clarendon in General : Gentlemen : - On my return from what you call the mob, I was concerned for your welfare, fearing that the force of our arms would urge you to purchase the New Hampshire title at an unreasonable rate, though at the same time, I know not but that after the force is withdrawn you will want a third army. However, on proviso, you incline to purchase the title aforesaid, it is my opinion you ought to have it at a reasonable rate, as new lands were valued at the time you purchased them. . And on condition Colonel Willard or any other person demand an exorbitant price for your lands, we scorn it, and will assist you in mobing such avaricious persons, for we mean to use force against oppression, and that only, be it in New York, Willard or any other person, it is injurious to the rights of the district."

A few days afterward he wrote, " an epistle to the inhabitants of Claren- don," as follows: "From Mr. Francis Madison of your town, I understand Oliver Colvin of your town has acted the infamous part by locating part of the farm of said Madison. I abhor to put a staff into the hands of Col- vin or any other rascal to defraud your settlers. . I advise Colvin to be flogged for the abuse aforesaid unless he immediately retracts and reforms. .

None but blockheads would purchase your farms and must be treated as such."

In consequence of the proceedings of the Green Mountain Boys in " Dur- ham," the New York Assembly upon petition of Benjamin Hough offered a reward of one hundred pounds for the apprehension of Allen and Baker, and fifty pounds for either Warner, Smith, Sunderland, Brown or Cockran; and on March 9, 1774, passed the noted "most minatory and despotic act " against the Green Mountain Boys; adjudging them if they did not " surrender within sev- enty days, to be guilty of convicted and attempted of felony and punished with death without trial or benefit of clergy." Allen and his associates returned a bold and defiant answer to this law which terminated every prospect of peace.

None of the Yorkers in Clarendon seem to have made any further resistance to the Green Mountain Boys, except Benjamin Hough who, having, March 12, 1774, obtained a commission as justice of the peace under New York, became

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so troublesome that it was found necessary to silence and make an example of him. On the night of the 26th of December, 1774, he was arrested by a party of his neighbors and taken to the house of Colonel John Spafford in Tinmouth, and from there to Sunderland, where, on January 30, 1775, he was tried for his offenses, Ethan Allen, Seth Warner, Robert Cockran, Peleg Sunderland, James Mead, Gideon Warren and Jesse Sawyer acting as judges, and sentenced to receive two hundred lashes on the naked back and to depart the New Hamp- shire grants and not return again. The sentence was executed with unsparing severity, and at Hough's request Allen gave him a certificate to that effect and a free passport toward the city of New York. The next day Hough repaired to New York, where he gave under oath, before the chief justice, a full account of his trial and punishment, and petitioned the council for protection against the rioters. The council being unable to protect him and he being destitute of the means of support, they gave him a license to beg in the streets of New York, and the New York Assembly offered large rewards for the apprehension of the judges in his trial.

This was the last effort of the colonial government of New York against the New Hampshire grants. The Revolution soon afterward overshadowed all other questions. The New Hampshire claimants were generally Whigs, while the Yorkers, with few exceptions, were Tories. Thomas Brayton was the delegate from Clarendon to the Dorset convention of July 24, 1776, and the only one of that body of fifty members who refused to subscribe to an as- sociation, pledging their lives and fortunes in support of the American cause. He afterwards became an active Tory.

Clarendon was not represented in the Dorset convention of September 25, as the majority of the inhabitants were Tories and the " friends of liberty were directed to choose a committee of safety and conduct their affairs as in other towns."

Benjamin Spencer represented Clarendon in the convention of June, 1777, at Windsor, and united with the other members of that body in a solemn pledge to stand by the declaration for a new State, and to resist by arms the fleets and armies of Great Britain. He was appointed a member of the Council of Safety by the Windsor convention of July, 1777, but on the approach of Burgoyne he joined the enemy and is said to have died at Ticonderaga a few weeks after- wards. Jacob Marsh left about the same time and is supposed to have died at Saratoga.

After the battle of Hubbardton the town was mostly deserted by its inhabi- tants. Oliver Arnold remained and was taken prisoner by the British and compelled to drive his oxen with a load of corn to the British army, from whence he afterwards escaped by means of a forged pass.

During the turmoil and unsettled state of things before and during the Rev- olution, many " squatters," without any title, boldly took possession of the best

PORTER BENSON.

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tracts of land they could find that was temporarily vacated, and after the Rev- olution the returning settlers found themselves involved in many law-suits and quarrels regarding the titles of their lands.

Daniel Marsh, who, it appears, took protection papers from the British and sympathized with them, returned to Clarendon, and on December 16, 1782, the town "voted to receive him as a good wholesome inhabitant." He at- tempted to get possession of his old farm, a part of which he found occupied by Silas Whitney. A law suit followed in which Marsh was twice beaten. He then appealed to the Legislature, of which he was a member, which passed an act in June, 1785, giving him the possession of the farm " until he had an opportunity of recovering his betterments; " for which act the Legislature was severely censured by the first Council of Censors. Afterwards Marsh, who was a member of the Legislature five years, originated and advocated " a bill which became a law known as the quieting act," that settled most of the con- flicting claims to real estate by giving the lands to those who occupied them, and as all the land in Clarendon appears to have been occupied, no governor, church or school lots remained.

Saw and grist-mills were early erected at the " South Flats " and at East Clarendon on Mill River ; in the north part of the town on Cold River, and at the west side on Tinmouth River. Taverns, stores and shops sprung up in various places, and the population increased so rapidly that Clarendon was soon the leading town in Rutland county, the population in 1791 being 1,478 ; Pawlet being second and Rutland third in numbers.

In 1810 Clarendon had 1,797 inhabitants ; from that time its population has gradually decreased, as before shown, numbering in 1880 but 1, 106. The change in its relative political influence in the county and State has been greater than in its population. Its history might be divided into two periods : First, the period of its rise, extending from its first settlement to 1820. Second, the period of its decline, from 1820 to the present time. During the first period one of its citizens was president of the Council of Censors ; three were speak- ers of the House of Representatives ; two were judges of the Supreme Court eleven years ; one was sheriff of the county three years; two were judges of probate five years, and three were county judges eighteen years. During the second period of sixty-five years two of its citizens have been senators four years. During the last twenty-eight years none of its citizens have held any State or county office whatever.

In the early period the people were industrious and economical, their gar- ments homemade, their habits simple. They cut down the forests, cleared the land, made the roads, fences and houses, some of which remain to this day. They raised large families of children, and to give them a good common school education they built seventeen school-houses in the seventeen districts in town. They had but little money and paid their teachers in barter, generally in grain. 36

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The teachers worked cheap, sometimes for sixty-five cents a week ; but they worked well and trained up the boys that made their mark on the times. The children went to school, the rich and poor alike. The school-houses were crowded. About 1797 there were eight families living near the springs who had one hundred and thirteen children, ninety-nine of whom were living and attended the same school. Following are the names of heads of these families, the number of children born to them, and the number alive who attended the school at one and the same time : -

James Harrington and Polly (Bates) Harrington, 12 children, 10 scholars. Theophilus Herrington and Betsey (Buck) Herrington, 12 children, 11 schol- ars. William Harrington and Amy (Briggs) Harrington, 17 children, 13 scholars. George Round and Martha (Hopkins) Round, 12 children, 12 schol- ars. John Simonds and Sarah (Wescott) Simonds, 12 children, 12 scholars. Charles Simonds and Mehitable (Esborn) Simonds, 16 children, 16 scholars. Richard Weaver and Judith (Reynolds) Weaver, 13 children, 11 scholars. Jo- nathan Eddy and Temperance (Pratt) Eddy, 19 children, 14 scholars. In these eight families no one had ever had more than one wife, and there was but one pair of twins in the lot.

The parents, children and teachers were all interested in the schools, which made them comparatively good schools. Now, in 1885, there are eight school- houses in town and plenty of good books, maps, etc. The teachers are paid from three to six dollars per week ; but the schools are thinly attended. The parents, children, and some of the teachers, manifest very little interest in them; the schools are generally thought to be of little account, and many parents send their children to higher schools in other towns. While books and periodicals have increased a hundred-fold and the cost of education four-fold, it is doubt- ful if the people are any better qualified for the duties of life than formerly.

Political .- Clarendon has always been noted for its closely contested elec- tions. When the political parties were not very evenly balanced, the contest has been between individuals of the dominant party. From 1779 to 1784 Clarendon had two representatives each year. From the first settlement to 1870 forty-eight persons had represented the town ; of that number sixteen, or one-third, were elected but one year; eight others were defeated the second year, and afterwards re-elected. Since the term was extended to two years no one has been re-elected. From 1823 to 1885, a period of sixty-two years, but one person (Lensey Round, jr.) has held the office over two years.1

During the first division of parties, known as Federal and Republican, the contests were often bitter and exciting. It is related that in 1805 Daniel Dyer and James Harrington at repeated trials received an equal number of votes ;

1 From 1778 to 1885, a period of one hundred and seven years, eight family names have repre- sented the town sixty-two years, over five-ninths of the time. The Smiths 12 years ; Harringtons 9; Stewards 6; Rounds 8; Marshes 7; Hodges 8; Spencers 6, and Walkers 6.

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at length Dyer says to Harrington : "'Squire, it don't look well for you and I to be voting for ourselves ; suppose you vote for me and I vote for you at the next ballot." Harrington agreed to the proposition and voted for Dyer, but when the votes were counted it was found that Dyer had two majority and was elected. When Harrington's friends accused Dyer of voting for himself again, Dyer replied : " Damn a man who won't try to help himself when his friends are all trying to help him." The next year Harrington was elected.

After the names of parties were changed to Whig and Democrat the elec- tions were no less close and exciting. From 1832 for five years no one was re-elected. In 1845 there was no choice. The election of 1847 may be given as a specimen of some later meetings. It was held in the old dilapidated meeting-house on the hill south of the Briggs farm. The doors, windows and most of the pews were gone. On a table on the north side were placed the ballot boxes. It was a pleasant autumn day. In front of the house several peddlers were selling honey, apples, watermelons, gingerbread, cider, etc., while the younger men were engaged as usual in wrestling to decide which side of the creek had the champion wrestler of the town, which, on that occasion, was decided in favor of the east side, Samuel Hayward being " bully." Walter Ross was the Whig and Dr. Calvin Spencer the Democrat candidate; their strength was nearly equal - about one hundred and thirty votes each. The Liberty party, then rising in town, voted for John L. Marsh, who had sixteen votes and held the balance of power. Several ballots were taken with about the same result. Great efforts were made by the old parties, by personal ap- peal and promise, to detach members of the Liberty party ; but they fought on with unbroken ranks. Late in the afternoon an appeal was made to Marsh to resign and carry his friends over to the Democrats. He replied that each one of the Liberty party did his own thinking and his own voting, and that any man who had brains enough and backbone enough to be an Abolitionist at that time was qualified to represent the town; and if the Democrats were so anxious to defeat the Whigs, they might select any one of the Liberty party for a candidate and when they cast their full vote for him, the Liberty men would also vote for him and elect him. After consultation the Democrats selected Rev. Charles Woodhouse and at one ballot gave him about two-thirds of their votes, then fell back to Spencer, and the struggle went on. Early in the evening Spencer came near being elected, when a Whig motioned that the meeting adjourn ; the house was divided and the moderator, who was a Democrat, decided the motion lost ; later in the night Ross nearly gained the election, when a Democrat motioned to adjourn ; the house was again divided and the motion declared carried. Whereupon, the constable took the ballot boxes and with most of the Democrats left the house. The town clerk, who was a Whig, remained, and a Whig who was a justice of the peace took off his hat and called upon the people to vote in it. Some of the Whigs were doing

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so, when a young Democrat, who was not a voter, pushed through the Whigs and thrust a large handful of Democratic votes into the hat. In the tussle that followed the lights were extinguished and the house enveloped in darkness. Soon a large, stout Whig, Dr. Silas Bowen, came into the house with an old- fashioned tin lantern in one hand, and a cane in the other. Some of the crowd commeneed to kiek his lantern and hit him, when one of his tall Whig friends, Rufus Parker, rushing with out-stretched arms in front of him to help him, was mistaken for an enemy, and fell, groaning to the floor with a blow from the cane. The lantern was kicked out and darkness again prevailed. Lights were again procured and most of the crowd left except a few Whigs, who voted in the hat and declared Ross elected ; he went to Montpelier and was given a seat. The next year he was defeated and Spencer elected. In 1849 a Whig ; 1850-51, a Democrat ; 1852, a Free-Soiler; 1853, a Whig ; 1854-55-56, Free Soilers and Know-Nothings were elected ; then the Republicans carried the town for about twenty years without organized opposition, but with bitter con- tests between candidates in the party. In 1880 the Democrats had one and the Republicans five candidates. The balloting continued throughout the day and night ; many different men were voted for and abandoned ; it was a night long to be remembered for the slaughter of candidates. When the morning sun of Wednesday shone on the mountain tops, nearly all were weary of the protracted struggle and voted to adjourn. A few, however, refused to adjourn and two or three tendered their votes for Noel Potter, to the moderator, de- manding that he receive them, which he refused to do, and taking the ballot box left the hall, followed by most of the citizens. A few remained, and seven votes for Noel Potter were east in a hat held by one of the selectmen. Potter was given a seat in the Legislature and held it through the term, although many of his opponents went to Montpelier and made great efforts to unseat him. In 1882 the contest was renewed with increased bitterness, although narrowed down to one Democrat and two Republican candidates. After ballot- ing all day, dreading a night contest and determined to insure the defeat of the opposing Republican candidate, the largest wing of the Republican party wheeled its solid ranks to the support of R. F. Powers, the Democrat candi- date, and elected him. In 1885 again was heard the confliet's roar all through the day and through the night until Wednesday morning, when Seneca E. Smith, a Republican was elected by one majority.

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History of Rutland County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 66

Author: Smith, H. P. (Henry Perry), 1839-1925. 1n; Rann, William S Publication date: 1886 Publisher: Syracuse, N.Y., D. Mason & co. Number of Pages: 1170

Author: Smith, H. P. (Henry Perry), 1839-1925. 1n; Rann, William S
Publication date: 1886
Publisher: Syracuse, N.Y., D. Mason & co.
Number of Pages: 1170