USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 17
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In answer to the request contained in the memorial, that the lands of the trespassers might be declared forfeited, the com- mittee, in concluding their report, replied :- We " conceive that advantages of broken conditions expressed in royal grants, are to be taken in a legal course, by regular prosecutions against the patentee ; and that it would be manifestly improper to order any steps for that purpose in the present case, because we con- sider the grant which his Excellency refers to, as merely void for want of authority in the government of New Hampshire, to issue patents for lands (as has been done in many instances) on the west side of Connecticut river."
In this manner ended the foolish attempt of Governor Went- worth to gratify his feelings of dislike towards the inhabitants of the " Grants," who acknowledged the jurisdiction of New
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HISTORY OF EASTERN VERMONT.
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York, by persecuting a few harmless individuals, who, if they had committed any wrong by trespass, had been driven to it by the neglect of the Surveyor-General's deputies. It does not appear that the prosecution against the Deans was continued after the Council of New York had expressed their opinion so plainly on the subject, and it is more than probable that the suit was abandoned, when it was found that the real motives of Governor Wentworth, in pursuing the course he had adopted, were more deserving of reprobation than of praise .*
* Doc. Hist. N. Y., iv. 621-633, 645-660. MS. Deposition of Ephraim Ranney and Silence, his wife, March 23d, 1770; also of Rachel Dean, wife of William Dean Jr. MS. Council Minutes, in office Sec. State N. Y., 1770, pp. 179, 181, 193, 195-197.
CHAPTER VII.
PROGRESS OF ORGANIZATION.
Gloucester County established-Sessions of the Court at Kingsland-Col. Nathan Stone of Windsor-His Conference with Col. Samuel Wells-Troubles at Windsor-Assault on the Sheriff of Cumberland County-Attempt to Overawe the Courts-Dislike towards John Grout, an Attorney-Determination to " Throw him over the Bar"-Grout taken by the Mob-Carried to Charlestown- Thence to Windsor-He refuses to accept the Terms of the Rioters-Escapes from Confinement-The Inhabitants of the " Grants" petition the King-Large Tracts of Land in Hinsdale and Guilford granted by Gov. Tryon to Col. Howard-Disturbance at Putney-Attempts at Jail Building by Thomas Chandler-Description of the Jails-The People of Cumberland County petition for a Removal of the Shire Town from Chester-Chandler's Objections to a Change-Subject brought before the Legislature of New York-Act passed for erecting County Buildings-Westminster chosen as the County Town-The " Old Court House."
THE territory north of Cumberland county had for several years been the resort of a " lawless banditti of felons and criminals," who found in that distant region a safe retreat from creditors and officers of the law. There were also living there, a number of poor but reputable people, who, actuated by the desire of extending their possessions and enticed by the cheapness of the land, had settled almost beyond the bounds of civilization, and were striving to subdue the wilderness, and adorn the steeps of the Green mountains and the shores of the Connecticut with the luxuriance of waving harvest-fields. After the formation of Cumberland county, it was generally understood that the re- maining portions of the " Grants" were to be deemed a part of Albany county. The authority of the latter county in the dis- trict referred to, was, however, merely nominal, and but little respect was paid to officers who issued their precepts at a dis- tance of two hundred miles from the place where they were to take effect, and then left it to chance or a wandering peddler to effect a service. Weary of living without laws, the intel-
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HISTORY OF EASTERN VERMONT.
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ligent and well disposed inhabitants of the new country, sent a petition to the city of New York asking for the establishment of a county. The subject was taken up in Council, on the 28th of February, 1770, Lieutenant-Governor Colden being present, and its discussion resulted in the passage of an order, directing his Majesty's Attorney-General to prepare the draft of an ordi- nance establishing as a separate county by the name of Glou- cester, the territory lying north of the north line of Cumberland county, and extending from the Green mountains to Connecticut river. The ordinance was passed on the 16th of March, and from that period dates the formation of the county of Glou- cester. At the same time, Kingsland was selected as the county town .*
On the 29th of May following, the first term of the courts of Common Pleas and of General Sessions was held at Kingsland, which was then little more than a wilderness. A full bench of judges was present, also three of the four justices of the quorum and the sheriff, but it does not appear that any business was transacted. The court met again at the same place on the 28th of August, and after appointing four constables, Simeon Stevens for Newbury, Jesse McFarland for Moretown, Abner Howard for Thetford, and Samuel Pennock for Strafford, adjourned for three months. On assembling at the appointed time, the 27th of November, the " eight causes" on the docket were "put over ;" the constabulary force of Thetford was increased by the addition of Ebenezer Green; Samuel Pennock, Ebenezer Martin, Ebenezer Green, and James Allen, were made county surveyors, and the session was brought to a close. In the following year, on the 25th of February, Judge John Taplin, Sheriff John Taplin Jr., and John Peters, who served in the double capacity of clerk and justice of the quorum or assistant justice, set out from Moretown for Kingsland for the purpose of dispensing justice as usual. Owing to the depth of the snow they were obliged to travel on rackets, and the difficulty of this mode of progression was increased by the want of a road. On the second day of their journey, having travelled a considerable distance, and being unable to decide as to their situation, except that they were " far in the woods," they made a halt and " the court was ordered to be opened on the spot." The records of the doings on this occasion and at the next session are in these
* The boundaries of Gloucester county are given, ante, pp. 5, 6.
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THE WINDSOR PEOPLE.
1770.]
words : "The court, if one, adjourned over until the last Tues- day in May next, at which time it was opened, and after dis- posing of one case of bastardy, adjourned to August next." The inconveniences of holding the courts in a locality as unset- tled and unknown as Kingsland being evident, an ordinance was passed by the Council of New York on the 9th of April, 1772, directing the courts of Common Pleas and General Sessions of the peace for Gloucester county, to be held in the township of Newbury on the last Tuesday in the months of February and August, " during the space of seven years." From this time the throne of sovereign law was, doubtless, established in greater dignity, and the sceptre of justice regarded with more profound respect .*
The inhabitants of Windsor, most of whom adhered to the jurisdiction of New Hampshire, were willing that those who favored the government of New York should be severely punished for misdemeanors, as has been plainly seen in the case of the Deans, before recited. They also denied the authority of the courts established by New York, and were ever ready to resist the execution of precepts issuing therefrom. During the month of May in the year 1770, as Samuel Wells of Brattle- borough, one of the judges of the Inferior court of Common Pleas for Cumberland county, was returning home from a jour- ney, he called on Col. Nathan Stone of Windsor, a justice of the peace under a New York commission, but at heart and in action a cooperator with those who maintained the supremacy of New Hampshire titles. As Wells was leaving, Stone mounted his horse and accompanied his guest almost to the limits of the town. Their discourse happening to turn on the opposition which had been made by the people of Windsor to the sheriff, who not long before had endeavored to serve some precepts there, Stone declared that no writs nor precepts from either of the courts of the county should be served in Windsor ; that the formation of the county was a sham ; that the patent authorizing
* Book of Commissions, in office Sec. State N. Y., 1751-1770, v. 440; 1770- 1789, D. vi. 27. Deming's Vt. Officers, p. 119. Doc. Hist. N. Y., iv. 634, 635.
The township of Washington, situated in the north-western part of Orange county, comprises the territory, formerly included within the bounds of Kings- land. Kingsland was probably chartered early in 1770. Soon after that event, a town plot was laid out into village lots near the centre of the town, and a log jail was erected. The latter circumstance gave the name of Jail Branch to two streams which take their rise in Washington. One of these empties into the Winooski, the other into Wait's river .- Thompson's Vt., Part III. p. 182.
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its erection was a libel, since it contained expressions in regard to the inhabitants of the "Grants" which were untrue; that justice could not be obtained in the county because of the cor- ruption of the judges and of the other officers ; that the courts were ruled entirely by John Grout, an attorney, residing at Chester, and that he, Stone, was determined to oppose the authority of the courts and the judges so long as he had " a drop of blood in his veins." He further informed Wells that friend- ship had induced him to bear him company until he had passed most of the settlements in the town, and intimated that should Wells ride alone through the town, he would be in danger of being assaulted by the people.
Wells endeavored to convince Stone of the danger of resist- ing the administration of justice, and exhorted him to alter his determination, telling him, that if the people would for the future make no opposition to the free execution of the laws, it would be the most likely method to induce the civil authority to pass over, "in the tenderest manner," the opposition which had already been made. He also remarked, that if Grout or any of the justices or officers had committed any wrong, the law provided a sufficient remedy, and was the only medium by which offenders could be properly punished. To a final obser- vation on the part of Wells, expressive of a fear lest Stone's determination to withstand the authority of the courts had been hastily made, Stone replied, that he had resolved, at least five or six months before, to resist the execution of writs ; "that while he had life, he would oppose the sheriff, and that the peo- ple of Windsor and some other places would join and stand by him to the last drop of their blood."
A few days after this interview and before the end of the month of May, Daniel Whipple, the high sheriff of the county, in order to retake Joseph Wait, Benjamin Wait, Nathan Stone and Samuel Stone of Windsor, who, having been arrested by him a short time previous, on a precept from the Inferior court of Common Pleas, had been rescued by a number of armed men, collected a posse of a dozen or fifteen persons, among whom was John Grout, and with them repaired to the house of Joseph Wait, in order to arrest him. Being informed that he was at the house of Benjamin Wait, the sheriff proceeded thither. He had gone but a short distance, when he perceived a body of armed men approaching. Conspicuous in the crowd were those against whom the precept was issued. Accompany.
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RIOTOUS PROCEEDINGS.
1770.]
ing them were David Stone, Steel Smith, Elisha Hawley, Peter Levins, Benjamin Thurston, Samuel Gridley, David Getchel, Jacob Getchel, Ebenezer Hoisington, senior and junior, Simeon Mills, Enoch Judd, Ebenezer Curtis, Solomon Emmons, John Benjamin, Andrew Norton, Jonathan Noble, John White, Samuel Whiston, Elnathan Strong, Joseph Thompson, Joseph King, and Aaron Bartlett, some of whom were office-holders in the county, and nearly all inhabitants of Windsor. The party appeared to be under the general direction of Nathan Stone, who was armed with a sword. The sheriff on approaching within hearing distance, made proclamation in form of law for them to disperse, but without effect. The rioters, led on by Joseph Wait, who for a time assumed command, then made an assault upon the sheriff and his posse, whom they soon over- powered. Wait, being armed with a club and pistol, struck at Grout twice with the former weapon, but he avoiding the blow, Wait levelled his pistol at him, whereupon he surrendered. The sheriff and his posse having been conducted to the house of Joseph Wait, were informed, that one, at least, of their num- ber would be detained as a prisoner until the sheriff, Grout, and some others, should enter into bonds in the sum of five hundred pounds, to be forfeited if the action on which the sheriff was attempting to take them was further prosecuted, or if any of the inhabitants of Windsor should be prosecuted at the next general sessions for any crimes, whatever might be their nature. They also demanded of the sheriff, that he should engage to make return upon the process against Joseph Wait, Benjamin Wait, Nathan Stone, and Samuel Stone, that those persons could not be found in his bailiwick. To these terms the sheriff refused to assent. To attempt to force him to a compliance was, to say the least, unpleasant. For this reason, and through fear lest a continuance of violent measures might bring upon them deserved retribution, the rioters released him and his posse, without conditions, after having detained them as prisoners about seven hours.
On the 3d of June, which was the Sunday before the sitting of the courts of the county, Bildad Andros, of Westminster, called at the house of Judge Wells, in Brattleborough, and showed him a copy of a letter written by Israel Curtis, one of his Majesty's justices of the peace by commission from New York, and directed to a certain Mr. Webb, of Westminster. From this document Wells inferred, that Curtis, Stone, and a
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number of others, from Windsor, intended to assemble at Chester for the purpose of disturbing the court and exciting a tumult. In consequence of this information, Wells, in company with Joseph Lord, his associate on the bench, set out as soon as possible for Chester, where they arrived on the evening of the 4th of June, and immediately presented the copy of Curtis's letter to Thomas Chandler, the first judge of the court, and to some justices of the peace who happened to be present. After consultation, the magistrates decided, in view of the ambiguous terms in which the missive was couched, that they would make no preparations to resist an attack, but would pro- ceed with business unless prevented by force.
On the morning of the 5th, which was the day appointed for the opening of the court, Col. Stone, accompanied by those who a few days before had overpowered the sheriff and his posse, appeared "in a riotous and tumultuous manner," at the place where the court was to sit. Stone was armed with a sword, Joseph Wait "with a dagger or hanger," and the rest of the party, thirty or more in number, with walnut clubs. Judge Chandler, fearing from their martial appearance that mischief was in- tended, mildly demanded of Stone the reason of his being armed, and desired him not to carry his sword into court. Stone replied to this remonstrance, but in a voice so low, that his words were not distinguishable. The judges soon after took their seats, and the court was regularly opened. Upon this the rioters entered the building without removing their hats, and commenced hostile demonstrations. Stone, with his sword drawn, accompanied by Wait, who was also armed, approached the table before the judges' seat, the rest of the party standing a little back from, but facing the bench, and demanded of the judges a declaration of the right by which they presumed to sit there as a court, adding that this demand was made in behalf of the public. These remarks were at the same time seconded by Wait and Curtis. Some of the judges answered, " that the letters patent, or ordinance erecting the county and the commission of the pleas," which documents " were always read at the opening of the court," showed their authority, and that those who were seeking satisfaction should have attended when these were published. The immediate effect of this announcement was to elicit from Stone, Wait, and Curtis, in " many arguments," a denial of the authority of the govern- ment of New York to establish the county of Cumberland.
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THE COURT THREATENED.
1770.]
To these remarks the court did not offer a reply, but gave the rioters to understand that their presence should not hinder the business for which the court had assembled.
Wait, who with some others stood indicted for a riot, then demanded an immediate trial, which the court did not deem it prudent at that time to grant. For this course there was a suffi- cient reason. Under the circumstances, any jury which might have been empanelled would have been more or less influenced in their verdict by the hostile presence of those whom they would have been required to try. On the other hand, some immediate act of violence it was feared would be the result, should the offenders be required to enter into a recognizance to appear at the next term. Notice was accordingly given to the parties indicted, that their attendance for the present was no longer required.
Stone, Wait, and Curtis, then moved the court that John Grout should be forbidden to practise as an attorney, on the ground that he was " a bad man." They were told, in answer, that the court entertained a contrary opinion of Grout's charac- ter ; that if they had anything to accuse him of, they might apply to the grand jury, and, in such case, the clerk of the court would assist in drawing any necessary bill or paper ; or they might, if they chose, apply to a higher court ; that Grout, if accused, had a right to be tried, but that the court had no lawful authority to comply with their request and prejudge him, on the suggestion that he was a bad man, unsupported by evidence, not even if the suggestion was sustained by a state- ment of the particulars of his bad conduct. Stone and Wait then said, that they did not accuse Grout in view of a trial, neither were they obliged to do so, but that the court might be certain that nothing would satisfy them and the people but the immediate expulsion of Grout, in such a manner that he would never again have the privilege of practising as an attorney in that county. Directing his attention more particularly to Judge Chandler, Stone added, "if it is not done, we shall do something which I shall be sorry to be obliged to do, which will make your Honour repent not complying with our request." The court having signified its determination to abide by the opinion previously expressed, the rioters began to close around the judges' bench, showing signs of a determination to carry their point by force. The court finding it impossible to pro- ceed with business amid the tumult which was gradually
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HISTORY OF EASTERN VERMONT. [1770.
becoming more fearful, and unwilling that any act of violence should be perpetrated while it was sitting as a commissioned judicatory, adjourned to the next day.
On the day of, and soon after adjournment, Benjamin Thurs- ton and David Getchel proceeded to the house of John Chan- deler, the clerk of the court, who dwelt in Chester, and in the presence of some of the judges, made prisoner of Jolin Grout, who had fled there for safety. On the appearance of the rest of the rioters, the whole party, under the command of . Joseph Wait, moved off with their prisoner towards Charlestown, New Hampshire, which was twelve miles distant. The journey was performed on foot, and was an easy task to the hardy back- woodsmen of Windsor and the adjacent towns, but, to the phy- sical capacities of Grout, the quick pace at which his captors advanced was in no respect suited. To this discomfort was added the indignity which he was compelled to bear, of being pulled or shaken at each one's pleasure. At the end of the first two miles, meeting with Capt. Utley, a resident of a neigh- boring town, Grout stepped aside to speak with him, but was immediately forced back by the rioters, who informed him he could speak to no man in private. On reaching Sartwell's tavern in Charlestown, where the party remained that night, Grout was treated with much attention by the innholder, and by the rioters "with as much humility and civility," to use his own expressions, " as could be expected under such extraordi- nary circumstances." Conversation chancing to turn on the events of the day, "we have now broken up the court," remarked the rioters, "if we thought we had not effected it, we would go back and bring away one of the judges." They then asked Grout whether he thought the court would continue its session in spite of the opposition which had been made; to which question he replied, in order to prevent further violence, that he " was sure" it would not.
On the 6th, the party under the command of Col. Stone, proceeded to Windsor, making most of the journey by water. Before leaving Charlestown, Grout was assured " that he should suffer no bodily hurt," nor "be in the least insulted," but, on the contrary, should be treated with respect. "We don't mean to injure or hurt you," said Stone; "you must go to Windsor and be imprisoned at my house, and there you shall experience the kindness and generosity of our people." The prisoner replied, by expressing a hope that his physical weakness might
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MALTREATMENT OF GROUT.
1770.]
excite compassion. Arriving at Windsor, Grout was first taken to the house of Joseph Wait. Here he was privately addressed by Steel Smith, one of the rioters, who informed him he should have his liberty immediately, provided he would assent to the proposals which should be made him. "You must send for your family," said Smith ; "you shall have a farm given you here, a genteel house built, and other presents." As he was proceeding in this strain, Grout reminded him of his illness, and begged him to reserve his remarks for another occasion. David Getchel, another of the rioters, commenced a similar conversation, but was persuaded to desist. As it was growing late, the rioters informed Grout, that he might retire if he was so minded. Having availed himself of this permission, Grout departed in the company of Stone, amid the good wishes and "low bowing compliments" of his captors.
Having gained the road, Stone endeavored, after the manner of Smith and Getchel, to point out to Grout the course which he should pursue. Grout again endeavored to change the sub- ject, but this time without success. Continuing his remarks, Stone informed his prisoner that it would be for his highest advantage to listen to his words; that the people of Windsor would assemble on the morrow, and would then expect to hear some definite information as to his, Grout's, future movements. " You must," said he, "agree not to practise the law in this county. We mean that your agreeing to this shall be no dis- advantage to you. We will make good all your damages, if you will come and live in this town, and become one of us. You will be treated with the greatest respect, and shall have a genteel settlement." Grout was at the same time assured that no one objected to his practising his profession in New Hamp- shire. Stone having finished his observations, Grout declared himself too weak to reply that evening.
On the morning of the 7th, Stone renewed the conversation, and acquainted Grout that he must meet the citizens of Wind- sor within a few hours, and inform them as to the course he should pursue in view of the offers which had been made him. " Violence has taken me out of my business," answered Grout. " My wife is of a slender constitution. Less trouble than this I have heretofore thought would have been too hard for her. The circumstances of my transportation will make her think I am murdered. My anxiety on her account, and for my family, deprives me of the power of speaking, and almost of thinking.
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HISTORY OF EASTERN VERMONT.
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Why am I asked, 'What will you agree to ?' or told I am 'free to act my sentiments.' I am in your power, and you mean to impose terms, and mean that I shall agree to them, whether willing or not. Under my present circumstances, I can agree to nothing. Willingly I take my liberty, if it be offered me. I will say nothing to your people. Call them only to ask them what terms they have to impose, and what punishment they will inflict on me, if I disobey them, my masters."
Such was Grout's reply to the inquiries of the people of Windsor. By reason of this answer, he was still retained in custody, not being permitted to write to his wife or any of his friends until the letter had been first approved of by his keepers. The severest threats were uttered against him, should he attempt to escape, and he was assured that, in case he should succeed, he would be retaken if he were "anywhere between heaven and hell." At the same time all his wants were attended to with the utmost care, and the respect which was shown him, so long as he remained passive, appeared to him more like the result of flattery than of true regard. In spite of the precau- tions and menaces of the rioters, Grout effected his escape on Sunday, June 10th, having been for six days a prisoner. On the 9th of August following, he petitioned the Hon. Daniel Horsmanden, Chief Justice of the Province of New York, to take measures to punish those who had acted as leaders in the outrages committed upon him. Process was accordingly issued against David Stone, Samuel Stone, Elisha Hawley, Enoch Judd, Ebenezer Curtis, John Benjamin, Andrew Norton, Elna- than Strong, Joseph Thompson, David Getchel, and Steel Smith, in two suits at law, Grout having been on two different occa- sions subjected to the riotous treatment of these men, and damages were laid at £200 in each action .*
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