History of Windsor County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 7

Author: Aldrich, Lewis Cass. ed. cn; Holmes, Frank R
Publication date: 1891
Publisher: Syracuse, N. Y., D. Mason & Co.
Number of Pages: 1260

USA > Vermont > Windsor County > History of Windsor County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 7

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The amicable adjustment of the dispute between Vermont and New Hampshire by no means left the former State in a condition of absolute contentment, for there was still active her old enemy, the State of New York; and that State seemed at that time to have many warm adher- ents east of the mountains, few if any of whom willingly yielded to Ver- mont, but who were compelled by force of superior numbers to submit to it. But after the termination of the trouble with New Hampshire the disaffected inhabitants of Cumberland county were still less inclined than previously to submit to Vermont authority. They therefore assembled a convention at Brattleboro on the 4th of May, 1779, at which were present delegates from nine towns, among them being rep- resentatives from Springfield and Weathersfield of this county, and it was then determined to send a statement of their grievances to the gov- ernor of New York, in the hope of receiving substantial relief from that State. And about the same time there was raised in Cumberland county a military association for the purpose of resisting the authority of Ver- mont This was an act so hostile in its intent and purpose that Gov- ernor Chittenden could not overlook it ; and for the purpose of subdu- ing the rebellious subjects he dispatched Colonel Allen to arrest the offenders, the details of which event is sufficiently referred to in an ear- lier chapter.

However much of affection the State of New York actually possessed for her constantly complaining subjects east of the mountains is uncer- tain, but her substantial assistance seemed to be confined to assurances of protection and much of what was considered sound advice. In reply to the latest petition for relief, that of the Brattleboro convention, the governor of New York further assured the faithful of his official pro-

CONTROVERSY WITH NEW YORK.

tection, and followed that by a letter to the president of Congress to the effect "that matters were fast approaching a very serious crisis, which nothing but the immediate interposition of Congress could possibly pre- vent."

On the Ist of June Congress did take cognizance of the matter of the complaint of Governor Clinton, and on the next day chose a committee consisting of Messrs. Ellsworth, Edwards, Witherspoon, Atlee and Root, to repair to the "New Hampshire Grants, and enquire into the reasons why they refuse to continue citizens of the respective States, which, heretofore, exercised jurisdiction over said district," etc. But soon after this Congress became informed of Allen's expedition to Cumberland county, and his arrest of Colonel Patterson and others, which caused that body (Congress) to pass another series of resolutions, being further instructions to the commission above named.

In due time a part of the committee (less than a quorum) visited Bennington, held several conferences with friends of Vermont and New York, but accomplished nothing; then returned to Philadelphia and subsequently made a report, but upon that report no immediate action was taken. Congress did, however, on the 24th of September follow- ing, take action on the matter of the disputes between "the States of New Hampshire, Massachusetts-Bay (this State now having become in- volved) and New York, on the one part, and the people of a district of country, called the New Hampshire Grants (not recognizing even the name Vermont), on the other," etc .; and resolved that, on the Ist day of February next (1780) " to hear and examine into the disputes and differences relative to jurisdiction between the said three States." These resolutions were subsequently amended.

The authorities of Vermont were of course duly apprised of all that was transpiring in Congress, and in the three States named, concerning the right to jurisdiction over the territory of their State, and were adopt- ing such measures as were deemed necessary to protect their rights and position. To this end a committee of " agents," comprising Ethan Allen, Jonas Fay, Paul Spooner, Stephen R. Bradley and Moses Robinson, was chosen to attend upon Congress, "to vindicate their right to independ- ence, at that honorable board."

During the interval between the time of the appointment of the agents

HISTORY OF WINDSOR COUNTY.

and the next February, the date fixed by Congress, the State of Ver- mont was in a most unfortunate and unenviable position, and was, says a contemporaneous writer, " literally struggling for existence ; a struggle requiring the exercise of no ordinary wisdom and firmness. Happily for her, she possessed statesmen whose resources were equal to any emergency, and who would have done honor to any age or any country. They perfectly understood the ground on which rested the claim of Ver- mont to independence, and, even at the most trying periods, they were never betrayed into a single measure, evincing, in the slighest degree, a disposition to abandon it."

During this critical state of affairs, on the 10th of December, 1779, by the direction of the Governor and Council, there was published and freely circulated the celebrated' "Appeal to the Candid and Impartial World," written by Hon. Stephen Row Bradley, one of the agents chosen to represent the State at the meeting of Congress.

When the first of February arrived it seems that Congress was not prepared to take any action regarding the differences between the States, and an adjournment or postponement was directed until the 21st of March following. But then, there not being the desired representation from nine States, a further postponement was ordered to the 2d of June. On this occasion a series of resolutions, condemning the action of Ver- mont, were offered, but no decisive action was taken. Again, on the 9th of June, the matter was further discussed, and the second Tuesday in September fixed upon as the time when a final determination should be reached. After this several postponements of the hearing were had, and it was not until the 27th of September, 1780, that Congress took any action whatever, other than to delay matters; and when reached the determination was altogether unsatisfactory, it being stated in a sin- gle brief resolution, " That the farther consideration of the subject be postponed."

However anxious the people of Vermont may have been to have the difficulties finally adjusted, they received no consideration whatever from Congress. And the other States, too, seemed satisfied with delay, for by such tactics it was hoped that the Vermonters would tire of their op- position. Of course the war was in progress during this period, and Congress was busied with other matters that were considered of far

PROPOSED ENLARGEMENT OF TERRITORY.

greater importance. And while the United States were actively engaged in aggressive and defensive military operations, the Vermont authorities were entering upon their negotiations with Canada, by which they suc- ceeded in protecting their State from British invasion, and greatly aided the cause of America by keeping inactive a strong army then in Canada.

Singular as it may appear, and notwithstanding the distressed condi- tion of Vermont at this time, there were many people residing in the towns east of the Connecticut River who desired to have their territory annexed to the State of Vermont; and to the accomplishment of this end a large convention of delegates representing those towns met in the county of Cheshire, and through a committee decided that a union of the inhabitants of that territory with those of Vermont to be " indispen- sably necessary." The same committee reported in favor of a conven- tion to be holden at Charlestown in January following, 1781, at which should be present one or more representatives from each town, " to unite in such measures as the majority shall judge most conducive to consol- idate an union of the grants, and effect a final settlement of the line of jurisdiction." (The people of many towns east of the river had always claimed to be a part of the grants, and not of the province of New Hampshire proper, being situated west of the " Mason line.")

The convention was held at Charlestown on the 16th of January, 1781, and that that body was in favor of annexation to Vermont is shown by the fact that in February the Legislature of that State received a petition for a union of the grants on both sides of the Connecticut River. The Vermont Legislature took due notice of this request, and appointed a committee to examine and report, recommending such ac- tion as was thought best for the State. The committee, on the 14th, reported as follows: " Therefore, your committee do recommend, that the Legislature of this State do lay a jurisdictional claim to all the land situate north of the north line of the State of Massachusetts, and ex- tending the same to Hudson's River," etc. These italicized words are noticeable from the fact that they indicate an extension westwardly, something not contemplated by anything previously stated. The fact is, that about the time the petition for the eastern union was received, there came another and similar request from several towns of New York State east of the Hudson River; and this annexation being favorably

HISTORY OF WINDSOR COUNTY.

considered by the Legislature, the jurisdictional claim was extended in that direction as well as the other, but the union with the New York towns was not completed until a later date.

In April an adjourned session of the Legislature was held at Windsor, and at the same time a convention of delegates from the towns east of the river was in session at Cornish. On canvassing the votes of the several towns of Vermont (the question of annexation having been sub- mitted to the people) it was found that a very large majority were in favor of the union, whereupon the union with the New Hampshire towns was effected, and their representatives admitted to seats in the Vermont Assembly.

The towns, now forming a part of Windsor county, that voted in favor of the union, were Bethel, Pomfret, Chester, Windsor, Reading, Barn- ard, Royalton, Sharon and Norwich; while those that disapproved of the annexation were Woodstock and Hartland. Others from which no vote was received were Weathersfield, Cavendish and Hartford.

After Vermont had completed her union with the New Hampshire towns, the public attention was next turned to the petition of the towns of New York State, which, likewise, were asking for annexation to the State, the very existence of which had been denied by the Federal gov- ernment, but which had before this laid claim to jurisdiction over the territory on which the petitioners lived. But there was not the same unanimity of feeling regarding the western union as was shown in favor of the eastern, for when the question was put to a vote it carried by a majority of but nine, there being forty-eight in the affirmative, and thirty- eight opposed to the proposition. Then followed a convention and the adoption of articles of union, at Cambridge, after which, on the 16th of June, 1781, the union was made complete, and the New York towns, like those formerly of New Hampshire, became entitled to a representa- tion in the legislative hall of Vermont; and likewise became, for the time being, a part of the State of Vermont.

In relation to the unions just referred to, William Slade very aptly remarks: "We cannot forbear pausing, for a moment, to contemplate the interesting attitude in which Vermont had now placed herself. No measures could have better exhibited the peculiar genius of her states- men, and none could have more effectually contributed to sustain her

ENLARGEMENT OF TERRITORY.

independence, than those we have just recorded. By the unions, thus formed, she had added an extent of territory equal, at least, to that over which she originally claimed jurisdiction. By this bold and decisive policy she had augmented her resources, compelled the respect of her enemies, gained upon the confidence of her friends, quieted disaffection at home, invited immigration, and thus laid the foundation for a large and powerful State.

"But there is another view of the advantages resulting from this policy, which produces a still higher conviction of its importance, and exhibits a coincidence of events as striking, perhaps, as any which dis- tinguishes the early history of this State. We allude to the influence produced by this policy upon the negotiations with the enemy in Canada. No people were more firmly attached to the cause of American independ- ence than the people of Vermont; and none had more successfully con- tributed to sustain it; yet, after all their efforts and sacrifices in the common cause, they had the mortification to find themselves denied par- ticipation in the blessings they had labored to secure. Their claims to independence had been treated with indifference, they were threatened with dismemberment of their territory and the annihilation of their sov- ereignty, and, to crown the whole, were abandoned by the power which ought to have protected them, and left to contend, single handed, against the common enemy. Much, therefore, as they were attached to the cause of their country, they could not fail to perceive that every step taken to support it only rendered their condition more hopeless; and that it was of no importance to them that the struggle with a foreign enemy should be brought to a successful termination, while they were threatened with subjection to a more detested enemy at home."

After completing her eastern and western unions Vermont again turned her attention to Congress, hoping now, in view of her increased strength and power, to obtain that boon so long witheld-her independ - ence as a State of the Federal Union; but, notwithstanding the fact that Congress did, on this application, give some indication of recognition of her claims, the people of the State were destined to wait ten more long and tedious years before their cherished object was finally accomplished. Congress so far relaxed the rigors attending former applications as to re- solve that as an indispensable prerequisite to recognizing any independ-

HISTORY OF WINDSOR COUNTY ..

ence for Vermont the unions with parts of New York and New Hamp- shire must be dissolved. But this Vermont was wholly opposed to doing; and this unwillingness, coupled with other events occurring about that time, had the effect of delaying Congressional recognition for a long time.

At last Governor Chittenden, in his extremity, addressed General Washington concerning the unfortunate condition of affairs, and the reply of that distinguished officer contributed as much to a change of sentiment on the part of the authorities of Vermont as all other things combined. Seeing at last that it would be almost impossible to obtain recognition as a State without some relaxation on their part, the govern- ment of Vermont reluctantly consented to dissolve the bands that had united her with parts of New Hampshire and New York ; and this led to such action on the part of Congress as made it possible for Vermont to become one of the United States. But before this could be accomplished the State was obliged to relinquish all claim to jurisdiction over the ter- ritory of New York that lay west of the established twenty-mile line from the Hudson River; and in addition thereto she was compelled to pay to the State of New York the sum of thirty thousand dollars, on or before the first day of June, 1794. The conditions being complied with, Con- gress passed an act by which it was declared that on the 4th day of March, 1791, "the said state by the name and style of ' the state of Ver- mont,' shall be received and admitted into this Union, as a new and en- tire member of the United States of America."

CHAPTER VIII.

A Brief Résumé on Divisions of the Grants into Counties - Courts Estab- lished-County Seat at Chester-Changed to Westminster-Erection of Cumberland County by Vermont -- Officers appointed-Some Personal Sketches-County Lines De- fined-Windsor County Formed-New Hampshire Towns Annexed to this County- Locating the County Seat-Woodstock Selected - Windsor Temporarily a Half-Shire Town-Judges of the County Court -The First Court-House-Its destruction by Fire- The Second Court-House also Burned-The Present County Buildings-Civil List- Officers of the Ancient County of Cumberland-Officers of Windsor County.

T HE preceding chapters of this work have been devoted almost wholly to a record of the events that pertained more particularly to the Commonwealth of Vermont and the region roundabout, in order that the

ORGANIZATION UNDER THE GOVERNMENT OF NEW YORK. 81

reader might have a fair understanding of what occurred during the early period of the State's existence, and even before the State had a being of any organized kind. This has been deemed essential as a foundation for the chapters that related particularly to the history of Windsor county, which was not brought into life until the year 1781. And now, that the events that pertained to the military operations during the Revolution, and those relating to the controversy with surrounding prov- inces and States, have been sufficiently narrated, it is proposed to devote the present chapter to the civil or internal policy of the State of Vermont with regard to the sub-division of its territory into counties, the erection of Windsor county, and then, having eliminated that district from the others of the State, to confine all further chapters to the social, civil, political and military history of the county.

But it will be necessary, owing to the singular condition of affairs in the region east of the mountains, to make some allusion to the civil or- ganization of the counties under the authority and government of New York. In fact, during the few years succeeding 1777, the territory now embraced by Windsor county had a double existence, the recognized State of New York and the independent State of Vermont both having a civil organization in the locality, each separate from and in conflict with the other.

A division of the State, or, as it was then known, the district of the New Hampshire Grants, into counties, was made by the province of New York, on the 3d of July, 1766, by virtue of an act of the Provincial As- sembly. By that act all the district of the grants that lay eastward of the Green Mountains was erected into a county by the name of Cumber- land. This act, however, was annulled by the Royal decree of 1767, which was intended to forbid New York from exercising further author- ity over the district, at least for the time being, but that province con- tinued its policy, notwithstanding the king's order, and in 1768 re- passed the act and proceeded again to organize the county. They established a Court of Common Pleas and appointed judges for the county. For a number of years the courts were held at Chester, one of the towns of Windsor county, but there seemed to be an element of the population in Chester that strongly favored the new State policy, and, as the New York control had erected no county buildings in the town,

HISTORY OF WINDSOR COUNTY.

it was deemed expedient to move the seat of justice to Westminster, where existed less opposition to New York. This removal to the more congenial locality was made during the year 1772.

In the year 1770, by an act of the Provincial Assembly of New York, passed March 7th, the territory of Cumberland county was divided, and the county of Gloucester was formed, comprising the lands lying north of the present north line of Windsor county, and the county seat of the new sub-division was fixed at Newbury. Thus did the district of land east of the mountains remain until the year 1778, after the independence of Vermont had been declared ; and from that time forth until the New York dominancy became gradually extinguished the people of the terri- tory now of Windsor county were living under the double and conflict- ing authority of the two States.

In March, 1778, the Governor and Council and the General Assembly of Vermont met in session at the meeting-house in Windsor; and among the proceedings of that session were those looking to the erection of counties and the establishment of such other institutions as were neces- sary to complete the civil organization of the districts. On the 17th of March the Governor and Council recommended that the Assembly di- vide the territory of the State into two counties, that portion west of the main chain of the mountains to be known as Bennington, and the part east to be known as " Unity county." The first request was complied with, but the latter was, on the 21st of March, amended or altered by the Assembly, the name " Cumberland county " being adopted instead of " Unity county." It was also voted at the same time that each county have four probate districts; also that the county elections be held on the 4th day of June, 1778.

On the 26th of March the Council appointed John Hatch, Joshua Bayley, Ezra Sargeant and Darius Sessions as county surveyors for the county of Cumberland for the time being; also John Benjamin as sheriff, for the time being, which meant until the forthcoming election. The shire town of the county of Cumberland was fixed upon as West- minster, and judges of its courts were appointed by the Assembly as follows: Major John Shepardson, first; Mr. Stephen Tilden, second ; Hubbel Wells, third; Deacon Hezekiah Thomson, fourth; and Nathaniel Robinson, fifth judges for the shire. And on the 17th of June the As-

PROMINENT REPRESENTATIVES.

sembly voted to appoint special judges for the several shires, those for Cumberland county as follows: John Shepardson, Stephen Tilden, Hezekiah Thomson, Colonel Samuel Fletcher and Joshua Webb.

In October, 1778, after the State election, the Legislature again met at Windsor ; and there were present members elected by the towns that form a part of Windsor county, as follows: Springfield, Lieutenant Sam - uel Scott ; Chester, Major Thomas Chandler; Weathersfield, Captain William Upham ; Windsor, Captain Ebenezer Curtiss and Thomas Cooper ; Hertferd (Hartland), William Gallop; Woodstock, Captain Phineas Williams and Captain John Strong; Hartford, Stephen Tilden ; Pomfret, Captain John Throop; Barnard, Captain Edmond Hodges ; Sharon, Benjamin Spaulding ; Royalton, Lieutenant Joseph Parkhurst ; Norwich, Abel Curtiss and Captain Joseph Hatch.

During this same fiscal year the county, now called Windsor, seems also to have had a fair representation in the higher body of State officials -the Council of Governor Chittenden ; for the records disclose that Pe- ter Olcutt of Norwich, Paul Spooner of Hartland, Thomas Murdock of Norwich, and Benjamin Emmons 1 of Woodstock, were elected council- lors, while Joseph Marsh of Hartford was elected lieutenant- governor. These persons were chosen to the same offices in the preceding March election, and their re-election seems to have shown that each possessed the entire confidence of his constituency. Concerning these persons it is proper that a brief biographical mention be here made.2

Joseph Marsh was born in Lebanon, Conn., January 12, 1726, and on the 10th of January, 1750, was married to Dorothy Mason, a de- scendant of John Mason, who at one time was major-general of the en- tire military force of Connecticut. Mr. Marsh and his family came to the New Hampshire Grants in 1772, locating in the town of Hartford, where he at once became an active participant in the affairs of his town and county, and soon began to be looked upon as a leader. The county then being under the New York control, Mr. Marsh was chosen as colonel of the upper regiment of militia in 1775, and in January of the next year was chosen to represent Cumberland county in the New York

' Benjamin Emmons, of Woodstock. was not elected, but appointed in the stead of Elisha Payne, who declined to serve.

? Condensed from sketches found in the "Governor and Council."

HISTORY OF WINDSOR COUNTY.

Provincial Congress. In July, 1777, his regiment came under the juris- diction of Vermont. Colonel Marsh was chosen to fill a number of offi- ces of responsibility, but his greatest honor was obtained in his election to the lieutenant-governorship, in March, 1778, and his re-election in October of the same year. Still later he was annually re-elected from 1787 to 1790. Other prominent offices held by him were: Member and chairman of the Eastern Vermout Court of Confiscation ; chairman of a committee of safety for a part of Vermont; representative of the town of Hartford in the General Assembly of 1781 and 1782; one of the first Council of Censors in 1785 ; and for a period of nine years, from 1787 to 1795, he was chief judge of the County Court of Windsor county.

" Colonel Marsh (said Roswell Marsh) went to school but a single month, and his advantages from books were limited ; but what he read he fully mastered and then held with a tenacious memory. He excelled in acquiring knowledge from conversation ; and his own was exceedingly interesting. His knowledge, however acquired, was utilized by a close logical mind. His temper was equable, and children loved him. In politics nothing, save remarks disrespectful to President Washington, ever disturbed him, for he was of the pure Washingtonian school, and trained his children in it. He was an earnest Christian, but free from bigotry. In person he was of large stature and well proportioned- broad shouldered, large boned, lean, and of great muscular power ; in weight over two hundred. His dress was of the Washington pattern- small clothes and the triangular hat. He was a bold and graceful horse- man, kept a chaise, but never used it for himself alone." Among the descendants of Colonel Joseph Marsh may be named the late Hon. Charles Marsh, of Woodstock ; the late professor and president, James Marsh, of the University of Vermont ; the late Dr. Leonard Marsh, of Burlington, and Hon. George P. Marsh, of the same city.

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History of Windsor County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 7

Author: Aldrich, Lewis Cass. ed. cn; Holmes, Frank R Publication date: 1891 Publisher: Syracuse, N. Y., D. Mason & Co. Number of Pages: 1260

Author: Aldrich, Lewis Cass. ed. cn; Holmes, Frank R
Publication date: 1891
Publisher: Syracuse, N. Y., D. Mason & Co.
Number of Pages: 1260