USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 21
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* MS. records of the town of Chester.
199
RESOLUTIONS PASSED.
1774.]
loving men, who, regardful of the course which England had pursued towards her colonies, looked forward with dread apprehensions to the future-"he who has nothing but what another has power at pleasure lawfully to take away from him, has nothing that he can call his own, and is, in the fullest sense of the word, a slave-a slave to him who has such power; and as no part of British America stipulated to settle as slaves, the privileges of British subjects are their privileges, and whoever endeavours to deprive them of their privileges is guilty of treason against the Americans, as well as the British constitu- tion."
In view of these sentiments, they resolved " that as true and loyal subjects of our gracious sovereign, King George the Third of Great Britain, &c., we will spend our lives and fortunes in his service ; that as we will defend our King while he reigns over us, his subjects, and wish his reign may be long and glorious, so we will defend our just rights, as British sub- jects, against every power that shall attempt to deprive us of them, while breath is in our nostrils, and blood in our veins; that considering the late acts of the British Parliament, for blocking up the port of Boston, &c., which we view as arbitrary and unjust, inasmuch as the Parliament have sentenced them unheard, and dispensed with all the modes of law and justice which we think necessary to distinguish between lawfully obtaining right for property injured, and arbitrarily enforcing to comply with their will, be it right or wrong, we resolve to assist the people of Boston in defence of their liberties to the utmost of our abilities." In the next resolution they announced in the most explicit terms the rules by which their own conduct should be governed in circumstances in which they might be nearly concerned. "Sensible," said they, " that the strength of our opposition to the late acts consists in a uniform, manly, steady, and determined mode of procedure, we will bear tes- timony against, and discourage all riotous, tumultuous, and unnecessary mobs which tend to injure the persons or properties of harmless individuals ; but endeavour to treat those persons whose abominable principles and actions show them to be enemies to American liberty, as loathsome animals not fit to be touched or to have any society or connection with."
Agreeable to the suggestions contained in Low's letter, a committee composed of Joshua Webb, John Grout, William Williams, Deacon John Sessions of Westminster, and Capt.
200
HISTORY OF EASTERN VERMONT.
[1774.
Joab Hoisington of Windsor, were chosen to communicate with other committees of correspondence in the province and elsewhere. Thanks were returned to the committee in New York city for the notice they had taken of the "infant county," and the chairman was directed to forward the resolutions of the convention to Isaac Low, and inform him why his letter to the supervisors had not met with. an earlier answer. The con- vention also acknowledged their obligations to John Hazeltine, "for his good services as chairman." This report was read, paragraph by paragraph, and was adopted unanimously. Al- though there is no record to that effect, yet power seems to have been given to the chairman to convoke another convention whenever the good of the county might seem to demand it .*
The town of Dummerston numbered among its inhabitants some who were unfriendly to the jurisdiction of New York, and who regarded the order of the King in Council, by which Connecticut river was declared the eastern boundary of that province, as especially tyrannical. Such were pre-eminently the views of Solomon Harvey, the physician and clerk of this patriotic village, and the records which he kept, in virtue of the latter office, exhibit on almost every page, traces of his peculiar disposition. The dislike which he, in common with others, entertained towards the government of New York, had no doubt been increased by the aristocratic bearing of some of the county officials who held their appointments from the
* American Archives, Fourth Series, 1775, vol. ii. cols. 1064-1066. The proceed- ings of this convention-the first held within the limits of the present state of Vermont for the purpose of opposing the tyrannous measures of Great Britain- were not made public until the middle of the year following. Meantime, the Congress of the United Colonies had been organized, and a report had got abroad charging the people of Cumberland county with being unfriendly to its measures. On the 23d of June, 1775, some person in New York city-probably John Hazeltine, for he had arrived there as a member of the New York Provincial Congress two days previous-addressed a note to John Holt, the editor of the New York Journal, couched in these words: "The County of Cumberland in this Province, having been represented as inimical to the proceedings of the late Continental Congress at Philadelphia, and to the several Provincial Congresses since held in the respective British Colonies in America in defence of their just rights and freedom ; you are desired to publish in the New York Journal the following Proceedings and Resolutions of a General Committee, consisting of the Committees of a number of Towns, by which the whole County was well represented at a meeting in October last. The long delay of the publication was occasioned by some unfair practices of a small but mischievous party, together with the remote situation of the County from the City of New York." Holt complied with the request of his correspondent, and the opinions of the people of Cumberland county were presented in their true light.
201
EXTRACT FROM THE RECORDS OF DUMMERSTON.
1774.]
Colonial Legislature ; and the abuse of power which these men sometimes exhibited in their functionary character, was used as an argument against those from whom they had received their authority. At a town meeting held at Dummerston on the 17th of May, 1774, the people omitted to choose town trustees. "Should this Excite any Speculation," says Harvey, who entered an account of the event on the town records, several years after its occurrence, "it may be remembered that the Government of New York, has, Ever Since July ye 4th Anno 1764,* Exer- cised an unpresidented system of tyrany over all that teritory Since Called State of Vermont, and did in almost Numberless instances So Cruelly Harrass and pillage the poor New Settlers in this intolerably inhospitable wilderness, as rendered their hard Erned pittances Scarce worth Enjoying, and all under the Sacred and auspecious Name of administring justice."
Having with these words aroused the recollection of his readers, the eloquent clerk proceeds to unfold to them the reasons which led the people of the town to postpone the election of trustees. "Governor Tryon & his imps, and the minions of the British tyrant (George the third)," these are his glowing words : " had by their Hell-invented policy, their plans, Commissions, and other artful insinuations, Extended their in- fluence into Every New plantation, over which they tyranized ; and had not failed Even to have Some in their interest in this town, who by art and insinuation, overpersuaded the honest people of this town to Omit Chusing trustees for the year, alledging that they had no right to it by virtue of any Law of the government, notwithstanding the provision made and pro- vided in such Cases, and the Special injunction to all incorpo- rated Societies to Comply with it." The people having. discovered the imposition which had been practised upon them, and fearful that some of the higher dignitaries of the county would " appoint some of their emissaries to supply the place of trustees," caused another meeting to be notified, and avoided the mischief which had been intended for them by choosing for themselves the officers whose places had been left vacant at the regular election.+
Fully on their guard, and ready to treat as tyrants those who
* The order in Council which declared Connecticut river to be the eastern boundary of New York, was passed on the 20th of July, 1764. It is to this date that Harvey probably intended to refer.
+ MS records of the town of Dummerston, i. 15-17.
202
HISTORY OF EASTERN VERMONT.
[1774.
should endeavor to deprive them of any of their privileges, they afterwards sent delegates to the Westminster convention, and were among the foremost in advancing the objects for which it had been convoked. Nor was it long before they had an opportunity to carry into action the spirit which they had evinced in words. An event occurred in their own rock-ribbed village, which allowed full scope to their patriotism, and ended in confirming the jealous watchfulness with which they had resolved to guard their rights. The warm-blooded Dr. Harvey, the " village Hampden" of Dummerston, who, judged by his zeal and courage, seems to have possessed
" Hands, that the rod of empire might have sway'd,"
was the leader on this occasion. He has shown, in his narrative records, how the insolence of Britain was checked by the valor of himself and of his compeers, and it is but right that he should tell the story in his own quaint and energetic mode.
" On the 28th of October, A. Dom. 1774, Lieut. Leonard Spaulding of the town of Fullham alias Dummerston, was Com- mitted to the Common gaol for high treason against the British tyrant George the third,* by the direction of the infamous Crean Brush, his attorney, & Noah Sabin, William Willard, & Ephraim Ranney Esqrs., and Wm. Paterson the high Shreeve, and Benja. Gorton, and the infamous Bildad Easton, and his Deputiest; upon which, on the following day, viz.
* " P. S. Mr. Spaulding's pretended Crime was, that he threw out some words unfavourable to the British tyrant relating to the Quebec Bill by which he is made Pope of that government."-MS. Dummerston records, i. 20.
The cause of Lieutenant Spaulding's confinement, is more fully given in the annexed extract. "One man they put into close prison for high treason; and all that they proved against him, was, that he said if the king had signed the Quebec bill, it was his opinion that he had broke his coronation-oath. But the good people went and opened the prison door and let him go, and did no violence to any man's person or property."-Slade's Vt. State Papers, p. 56.
By the provisions of the Quebec bill, as it was called, the Roman Catholic religion, instead of being tolerated in Quebec, as stipulated by the treaty of peace, was established. By the same act the people of the province were deprived of the right to an Assembly. Trial by jury, and the English laws, in civil cases, were abolished. In the place of the latter laws, the laws of France were established, in direct violation of his Majesty's promise in his royal proclamation. See Journals Am. Cong. i. 37.
+ Jacob Laughton of Dummerston who was born in Rutland, Massachusetts, September 10, 1760, and who was contemporary with Dr. Harvey, remarked to the author, in a conversation which took place in December 1851, that " Lieut. Spaulding was a resolute man," and that " it took three or four 'Yorkers' to conquer him when he was committed to the jail at Westminster."
203
EXTRACT FROM THE RECORDS OF DUMMERSTON.
1774.]
October the 29th, a majority of the inhabitants met near the house of Charles Davenport on the green, and made Choice of Sundry persons to Serve as a Committee of Correspondancy to joyne with other towns or respectable bodies of peopel, the better to secure and protect the rights and priveledges of them- selves and fellow-cretures from the raveges and imbarassments of the British tyrant, & his New York and other imme- saries.
"The persons made choice of, were these, viz., Solomon Harvey, John Butler, Jonathan Knight, Josiah Boyden & Daniel Gates, by whose vigilence & activity Mr. Spaulding was released from his Confinement after about eleven days : the Committee finding it Necessary to be assisted by a Large Con- course of their freeborn Neighbours and bretherin, Consisting of the inhabitants of Dummerston, Putney, Guilford, Halifax and Draper, who discovered a patriotic Zeal & true heroic for- titude on the important occation. The plain truth is, that the brave sons of freedom whose patience was worn out with the inhuman insults of the imps of power, grew quite sick of diving after redress in a Legal way, & finding that the Law was only made use of for the Emolument of its Cretures & the im- misaries of the British tyrant, resolved upon an Easyer Method, and accordingly Opned the goal without Key or Lock-picker, and after Congratulating Mr. Spaulding upon the recovery of his freedom, Dispersed Every man in pease to his respective home or place of abode. The afforgoing is a true and short relation of that Wicked affair of the New York, Cut throatly, Jacobitish, High Church, Toretical minions of George the third, the pope of Canada & tyrant of Britain." Such is the graphic and impartial narrative of one who was the chronicler of events in which he bore an important part. Comment is unneces- sary .*
While the people of Cumberland county were thus engaged in endeavoring to pluck off the leaves from the tree of despotism, the representatives of the different Colonies, assembled in Con- gress at Philadelphia, were dealing vigorous blows at its trunk.
The adoption by Congress of the "non-importation, non-con- sumption, and non-exportation association" on the 20th of Oc- tober, was hailed with a joy, which, though not universal even
* MS. records of the town of Dummerston, i. 18-20.
204
HISTORY OF EASTERN VERMONT.
[1774.
among the lovers of liberty, was significant of the feelings of the mass of society. By the advice of some of the leading men in Cumberland county, John Hazeltine, on the 13th of November, assumed the responsibility of issuing circulars to the different towns, notifying a second convention to be held at Westminster, and inviting the attendance of delegates. At a meeting which was held at Chester, on the 28th of November, in accordance with this call, two delegates were chosen to represent that town at Westminster. They were instructed to " use their best en- deavors" to procure from the convention, a vote of thanks to the Continental Congress " for their good services," and an assur- rance that the people of the county would "fully comply with their advice and resolutions." They were also directed to exert their influence to obtain the passage of certain instructions to Samuel Wells and Crean Brush, their representatives in the New York Legislature. . Of these instructions, the chief was, that their representatives should exert "their best skill and wis- dom" to choose deputies to attend the Congress of the Colonies, to be held at Philadelphia in the following May, unless the grievances universally complained of should be redressed before that time. On the same day, a similar meeting with similar re- sults was held in Dummerston. Among the votes passed on that occasion, was one particularly significant, by which the as- sessors were directed to " assess the town in a Discretionary sum of money, Sufficient to procure 100 weight of gunpowder, 200 Weight of Lead & 300 flints, for the town use." The tax was to be taken in " potash salts," and a committee was appointed to receive that article.
At the second convention, held at Westminster, on the 30th of November, " all the resolves of the Continental Congress" which had been passed a few weeks previous, were adopted, and a promise was made by which the delegates bound them- selves as representatives of their constituents "religiously to ad- here to the non-importation, non-consumption, and non-exporta- tion" association. An attempt was made to form a county com- mittee of inspection, but as this movement was “much spoken against by a justice and an attorney," and was " looked upon by them as a childish, impertinent thing, the delegates dared not choose one." The state of the county was then considered, as were also the inconveniences to which the inhabitants were subjected in collecting their dues in the province of New Hamp- shire. As to the general spirit of the proceedings of the con-
205
COMMITTEES OF INSPECTION.
1775.]
vention, there was no retrogression from the high position which had been taken in the previous month .*
In one of the articles of the " non-importation, non-consumption and non-exportation association," was a recommendation that a committee should be chosen "in every county, city and town," by those " qualified to vote for representatives in the Legisla- ture," whose business it should be "attentively to observe the conduct of all persons" in regard to the measures which had been adopted by the association. The advice conveyed in these words, though rejected by the Westminster convention, was not unheeded by the patriotic people of Dummerston. The service implied was such as suited their temper. The subject was broached in town meeting, on the 3d of January, 1775, and seven persons, with Dr. Harvey at their head, were chosen a "Com- mittee of inspection" to observe the "Conduct of the inhabitants, agreeable to an order or recommendation of the Right Honora- ble Continental Congress." The authority with which this com- mittee was vested, was by no means negative, and their office was in no sense of the word a sinecure. Under their inquisito- rial sway, two of the town assessors were removed from their places, because they had refused to purchase the stock of am- munition which was to be paid for in " potash salts." From one man they took a gun, because forsooth they suspected it con- tained a ball more friendly to the King than to the Congress. By their decision, another man who had been prominent in the history of the village, was declared unfit for office, and was not permitted to act in a public station, until by his conduct he evinced the spirit of a patriot. After the commencement of the Revolution, committees like these were to be found in almost every town throughout the New Hampshire Grants, but the peo- ple of Dummerston seem to have led the way in sustaining in Cumberland county the efforts of Congress to guard against the manœuvres of inimical persons. t
So favorable had been the result of the two Westminster conventions, that it was thought best that another convention should be held early in the year 1775. Warrants signed by Col. John Hazeltine, were in consequence sent to the different towns in the county on the 30th of January, and primary meet- ings were again convened for the purpose of choosing delegates.
* MS. records of the town of Chester, i. 37-40. MS. records of the town of Dummerston, i. 28. Slade's Vt. State Papers, pp. 55, 56.
+ Journals Am. Cong. i. 25. MS. Dummerston Records, vol. i. passim.
206
HISTORY OF EASTERN VERMONT.
[1775.
As on former occasions, the towns of Chester and Dummerston were foremost in responding to the call. On the 7th of Febru- ary, delegates from twelve towns assembled at Westminster, and the convention was organized by the choice of Col. John Hazeltine as chairman, and Dr. Paul Spooner as clerk. The session lasted three days. A standing committee of correspond- ence, composed of persons from twenty-one towns, was chosen, that the county might be kept well informed as to the doings of the friends of liberty in the different colonies. Its members were Joshua Webb, Nathaniel Robinson, and Abijah Lovejoy, of Westminster ; Capt. Samuel Minott, of Putney ; Dr. Solomon Harvey, of Dummerston ; Nathaniel French, of Brattleborough ; William Bullock and Hezekiah Stowell, of Guilford; Lieut. Eleazer Patterson, of Hinsdale, now Vernon ; Edward Harris, of Halifax ; Charles Phelps and Capt. Francis Whitmore, of Marlborough ; Elijah Alvord, of Draper, now Wilmington ; Samuel Robertson, of Newfane; Col. John Hazeltine and Samuel Fletcher, of Townshend; James Rogers, of Kent, now Londonderry ; Moses Gile, of Chester ; Moses Wright and Jonathan Burt, of Rockingham; Simon Stevens, of Spring- field ; Hezekiah Grout and Oliver Rider, of Weathersfield ; Benjamin Wait, of Windsor ; Dr. Paul Spooner, of Hertford, now Hartland ; "Esquire" Jonathan Burk, of Hartford ; Jacob Hazeltine, of Woodstock; and John Winchester Dana, of Pomfret. Col. Hazeltine was chosen chairman of the com- mitte. Dr. Spooner, Joshua Webb, Abijah Lovejoy, Dr. Harvey, and Capt. Whitmore were appointed to "serve as monitors to the committee of correspondence" and were directed to transmit all letters of public importance, and con- vey all intelligence of general interest of which they might become possessed to Col. Hazeltine. To avoid any misrepre- sentation of the objects for which the delegates had assembled, Charles Phelps and Dr. Harvey were instructed to prepare for publication, such extracts from the doings of the convention as they should deem advisable, and to add a short account of the proceedings which had taken place at the meetings which had been previously held. Power was given to the chairman to call a general meeting of the town committees in cases of great emergency, or on application of the committees of three towns ; and he was directed to notify a meeting without delay when the application should proceed from the committees of five towns .*
* MS. Pingry Papers.
207
PETITION TO THE LEGISLATURE.
1775.]
One of the main objects for which this convention was assembled, was to obtain, if possible, from the Legislature of New York, the passage of such laws as would tend to improve the mode of administering justice in the county courts, and effect a change in several of the preliminaries in judicial proceedings. A formal petition, drawn by Charles Phelps, was in consequence addressed to Lieutenant-Governor Cadwal- lader Colden, and probably received the sanction of the con- vention before its adjournment. In this document the delegates, in behalf of their constituents, represented the "great expense and heavy burdens" that had been imposed on the county by the additional courts which had been lately established. As the result of this change, they stated that lawsuits had increased, charges had been multiplied, and families nearly beggared. They further declared that their hard-earned money had been appropriated in fulfilling the conditions of their charters, in clearing their heavy timbered lands, in cultivating their fields, in supporting their " numerous and very indigent families," and in building the court-house and jail, which had been located at Westminster. Among their other hardships, they mentioned the inconveniences attending the " calling off from their business" of more than seventy farmers at each of the quarterly sessions of the court to act as grand and petit jurors, for which service they did not receive enough to defray their expenses ; the wages which they were obliged to pay their representatives in the Colonial Legislature, and the high fees charged by attorneys for their work. These and other inflictions of a similar nature they pronounced " very burthensome and grievous," and stated that unless they were redressed the further settlement of the county would be greatly obstructed.
In view of this representation, they prayed that the number of the terms of the inferior court of Common Pleas, and of the court of General Sessions of the Peace, might be reduced to two of each annually, and further, that such an arrangement might be continued for seven years. They also asked for the reduction of the number of grand and petit jurors to eighteen each, for each of the court terms ; for the lessening of the retain- ing fee taxed by the court in bills of costs, to ten shillings ; for a regulation by which all deeds and conveyances of lands should for the future be recorded in the office of the clerk of the town in which the lands might lie; for the establishment of a probate office in the county ; for the passage of an act by
208
HISTORY OF EASTERN VERMONT.
[1775.
which all processes issuing from justices of the peace, under " the restriction of the five pound act," should be served by constables and not by the under sheriff or his deputies ; for the repeal of the law by which such processes were served by the sheriff, and for the passage of another act by which grand jurors should be paid for their services from the fines collected of criminals. Such were the changes prayed for by the con- vention. Through some inadvertence, those who were charged with the care of the petition delayed so long to send it to the Colonial Legislature, that when they would fain have retrieved their neglect, they found that that body had held its last session, and declared its final adjournment. Another circumstance had also occurred which rendered the contemplated reforms unnecessary. The courts of Cumberland county had been stopped by violence, and Providence had effected the desired changes in a manner far different from that which had been contemplated by man .*
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