USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 41
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Delegations from three counties having by previous agree- ment met on the 8th of November, at Charlestown, New Hampshire, measures were taken to learn the sentiments of the inhabitants residing in the towns included in the district which it was proposed to establish. Until the result of this inquiry should be declared, ultimate action was postponed. Desirous of engaging in the union, the towns in the county of Cheshire, New Hampshire, sent delegates to a meeting which was held at Walpole, on the 15th of November. On this occasion a commit- tee of five were appointed to confer with gentlemen from any of the towns on the "Grants " on the subject of establishing the jurisdiction of that district. The result was a general meeting of representatives from the counties of Cumberland, Gloucester, Cheshire and Grafton. The project of a union of the towns bordering the Connecticut, in Vermont and New Hampshire, was freely discussed, and various arguments were alleged in support of the right to establish the territory designated, as a separate and independent state. That time might be given for reflection, and that the people-the source of power-might be consulted before any decisive step should be taken, letters were
* Slade's Vt. State Papers, pp. 122, 123, 124. Journals of Am. Congress, Sept. 12th-27th, 1780. Pingry MSS.
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402
HISTORY OF EASTERN VERMONT.
[1781.
sent from this meeting of the counties, inviting the attendance of representatives from all the towns interested, at a convention to be held at Charlestown on the third Tuesday of January, 1781 .*
On organizing the convention which assembled in pursuance of this call, it was found that there were present, representatives from forty-three towns. The primary object of the assembly was declared to be, the formation of a union of the whole of the "Grants," consolidated upon such principles as the majority should think best. A committee of twelve from the counties of Cumberland, Gloucester, Grafton and Cheshire were appointed to confer with the General Assembly of Vermont at their next ses- sion on the subject of this union, and a declaration of the views of the convention in regard to the propriety and legality of the proposed measures, was at the same time drawn up and publish- ed. The proceedings of the convention were not, however, unani- mous, the members from eight New Hampshire towns entering their protest against them. During the two following months, extraordinary efforts were made to effect the consolidation, and on the 6th of April, thirty-five representatives, from as many towns in the western part of New Hampshire, took their seats in the General Assembly of the state of Vermont. In addition to the terms agreed to by the New Hampshire towns and the state of Vermont in view of this union, it was settled in regard to the towns in Cumberland and Gloucester counties which should join in the consolidation, that a general and full act of oblivion should be passed by the Legislature of Vermont in behalf of those persons who, on the 1st of October, 1780, although residing in Vermont were avowed subjects of New York ; that all judg- ments against them for fines and forfeitures on account of their opposition to the authority of Vermont should be annulled ; that no judgments should be hereafter rendered against them for any state offences committed before the time above specified; and that no civil suits should be hereafter maintained against them for trespasses perpetrated previous to the time aforesaid. The representation from Cumberland and Gloucester counties in the Vermont Legislature was not increased in consequence of the consolidation. The only immediate effect of the proceeding, in Eastern Vermont, was to beget a more kindly feeling towards the self-created state, in the minds of those who were almost ready to refuse any longer to yield allegiance to New York.
* Slade's Vt. State Papers, pp. 126, 127.
403
THE " UNIONS."
1781.]
Soon after the completion of the Eastern Union, as it was called, some of the inhabitants residing in that part of New York situated north of a line drawn west as far as Hudson river, in continuation of the northern boundary of Massachusetts, and between Hudson river and the western boundary of Vermont, who had asked to be admitted within the limits of Vermont, received an answer favorable to their petition. . On the 16th of June representatives from ten towns took their places in the Assembly of Vermont, and the Western Union was declared a constituent portion of the state. During the few months that these Unions were considered as a part of Vermont, they were a source of continual trouble and expense. Happy was the hour, when on the 23d of February, 1782, the unfortunate connections were dissolved, and the revolted districts were left free to return to their right and natural jurisdictions .*
Another important act of the February session, was the sub- division of the counties of Cumberland and Bennington. Since March, 1778, the former on the east and the latter on the west side of the Green Mountains, had comprised within their com- bined limits the whole state. On the 16th of February, Cumber- land was divided into three counties. To Windham county on the south were assigned limits which, with the exception of a few changes on the western line, are the same as at present. A similar qualification being made in respect to the western line of Windsor county, the same statement may be made with regard to its limits as then constituted, and as now preserved. Orange county comprised all the land lying between the north line of Windsor county and the forty-fifth parallel of north lati- tude, and extended from Connecticut river on the east to a line commencing at a point near Lake Memphramagog, fifty miles from the centre of the " deepest channel " of Lake Champlain ; and running thence south to the north-east corner of the town of Worcester ; thence south on the east lines of the town of Worces- ter, Middlesex, and Berlin, to the south-east corner of the latter town; thence on a straight line to the north-west corner of Tun- bridge; thence on the west line of Tunbridge to the south-west cor- ner of that town, at which place it struck the north boundary of Windsor county. To attempt to describe accurately the alterations which were continually made in the county lines which stretched
* Slade's Vt. State Papers, pp. 128-141, 169. Papers relating to Vt. Contro versy, in office Sec. State N.Y., p. 36.
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HISTORY OF EASTERN VERMONT.
[1781.
through the length of the state, now on the western, anon on the eastern slope of the Green Mountains, and sometimes on its very ridge, would be to undertake a task as difficult as it would prove practically useless. As has been already remarked, the more mountainous portions of the state were for years unsettled, and for this reason a description of them would add no value to an historical narration. On account of the addition of the Eastern Union, Orange and Windsor counties were temporarily enlarged. By an act of the General Assembly, passed in April, 1781, all the lands within Vermont on the east side of Connecticutriver, " lying and being opposite the county of Orange," were annexed to that county. With the county of Windsor was incorporated the new territory on the opposite side of the river, south of that which had been added to Orange county, and north of the north lines of the towns of Claremont, Newport, Unity and Wendall. The remaining district, situated to the south of these towns, was erected into a county by the name of Washington. When in the beginning of the next year the Eastern Union was dissolved, the counties resumed the limits which had been assigned them previous to the consolidation .*
During the whole of the war of the revolution, Vermont, especially the eastern section, was but rarely subjected to extended or disastrous incursions of the English or their Cana- dian allies. Very often, however, scouting parties would enter houses under cover of night, either for the purpose of plunder, or of taking some American whose strenuous opposition to the King of Great Britain had marked him as a dangerous per- son. Among those who had long been noted as zealous patriots, Gen. Jacob Bayley and Col. Thomas Johnson of Newbury were preeminent. The former not only possessed great influence with his own countrymen, but was regarded by the neighboring Indians as a father. Serving as quarter-master-general for the troops stationed at and about Newbury, he never failed to engage in any honorable enterprise which might serve to advance the interests of the common cause. A large reward was offered by the British for his person. Many were the plans
Journals General Assembly, Vt. Slade's Vt. State Papers, p. 427. On the 19th of February, 1781, by an act of the General Assembly, Windham county was divided into half-shires, called respectively Westminster and Marlborough, and the courts were held alternately in the shire-towns of the same name. Windsor county was constituted a shire by itself, and the town of Windsor was the shire-town. In Orange county, the shire-towns of Thetford and Norwich were situated within the half-shires of the same name.
405
CAPTURE OF COL. THOMAS JOHNSON. .
1781.]
arranged for his capture, and equally numerous were the fail- ures of the attempts made to take him. Col. Johnson was also a man whose influence upon the circle in which he moved, was such as to excite the fears of the enemy. By order of Gen. Lincoln, he, at the head of a volunteer company, had in Septem- ber, 1777, proceeded towards Ticonderoga for the purpose of diverting the attention of the enemy, while Colonel Brown was engaged in releasing the American prisoners at Lake George. Not only did he succeed in this undertaking, but in connection with others, assisted in recovering many important stations on Lake Champlain, in liberating more than one hundred Ameri- cans, and in capturing two hundred and ninety-three of the enemy. Of these prisoners, a hundred had been placed in his charge. Instead of securing them near the Lake, he had marched them back into the country where they would not be liable to be retaken, and where provisions could be more readily obtained. By this and other acts Col. Johnson had greatly troubled the British, who now eagerly sought for an opportunity to make him their prisoner. He succeeded, how- ever, in eluding their vigilance until the spring of 1781, when he was taken in the following manner.
Having contracted to erect a grist-mill in the town of Pea- cham, situated fifteen miles northwest of Newbury, Col. Johnson set out from the latter place on the 5th of March, 1781, taking with him two mill-stones. Owing to the lameness of his oxen, and a temporary illness with which he was affected, he was occupied three days in performing the journey. On reaching Peacham he stopped at the house of Deacon Jonathan Elkins. Being awakened on the morning of the 8th, between twelve and one o'clock, he arose and found the house surrounded by a party of the British, consisting of eleven men including Capt. Pritchard the commander. His first impulse was to draw on his stockings, clear the window, and run. But, before he could accomplish this object, the muzzles of two guns were brought in unpleasant proximity to his person, and he was claimed by two men as their prisoner. Surrendering himself as such, and having promised to give his captors no trouble, he was permit- ted to accompany them without being bound. Jonathan and Moses Elkins, sons of the Deacon, and Jacob Page were also made captives, but by the intercession of Johnson, who dis- covered among the British two " old acquaintances," Moses, who was feeble in body, was permitted to return after he had pro-
406
HISTORY OF EASTERN VERMONT.
[1781.
ceeded about eight miles. Taking in their course Lamoille river, Grand Isle, Point au Fer, and L' isle au Noix, the party reached St. John's on the 13th, after a journey of six days. Page was immediately sent on to Montreal, but of his after life, if he was permitted to live, nothing is known.
Jonathan, then a youth, known afterwards as Col. Elkins, was imprisoned at Quebec, and after enduring for eight months the most grievous privations, was sent to England with one hundred and fifty others. During the voyage the prisoners were distri- buted throughout the fleet with which they sailed, and were obliged to do duty. On arriving at Plymouth, Elkins and his fellow-sufferers were confined in the old Mill prison, and there remained from the 9th of February, 1782, until the 24th of June following. During this period they were allowed only two- thirds the rations of common soldiers, and most of them were miserably clad. Having been informed of their condition, Dr. Franklin, who was then the American minister at France, sent to each prisoner, one shilling sterling per week, which gift was of great service in relieving the misery of their condition .* Referring to this noble act, and the good results which followed it, Col. Elkins wrote :- "There were among us forty captains of vessels, and many others who had some learning; and when we got our shilling a week from Dr. Franklin, it was proposed that we, who had no learning, should pay four coppers a week for schooling, and soon many schools were opened. Among the rest, I procured paper, pen and ink, and a slate, and paid my four coppers a week for tuition. By this means, many who could neither read nor write got so much learning, that they were capable of transacting business for themselves, and a num- ber of us learned the mariner's art, so as to be capable of navi- gating a ship." This confinement having been brought to an end by an exchange of the American prisoners for the captured troops of Cornwallis, one thousand seven hundred and thirty- three of the former were put on board a cartel and sent back to the United States. Among this number was young Elkins, who afterwards returned to his home in Peacham.
The treatment which Johnson received during his captivity, was far different from that experienced by his unfortunate friend, Elkins. He was regarded by the British as a man who might
* This circumstance is mentioned in the " Memoirs of Andrew Sherburne " in connection with an account of the old Mill prison, pp. 78-96.
407
ADVENTURES OF JOHNSON DURING CAPTIVITY.
1781.]
be of great service to them, provided he could be induced to re- nounce his allegiance to the United States. For the purpose of leading him to take this step, he was allowed many privi- leges not often granted to prisoners, and was treated with great urbanity and kindness. While at St. John's, he was allowed a camp parole, and was permitted to live with Capt. Sherwood, a gentleman noted for the humanity which he uniformly display- ed towards those whom the fortune of war placed in his power. Notwithstanding the attentions which he received, his quarters were often shifted from St. John's to Montreal, from Montreal to Chambly, and from Chambly to Three Rivers. At each of these places, he was interrogated by different officers as to the " views and feelings of the inhabitants of the 'Grants,'" and as to his own opinions of the prospects of the colonies. Careful and guarded in his answers, he spoke with apparent careless- ness of the American cause, but never divulged anything which . would be of advantage to the enemy or detrimental to his friends. He afterwards ascertained that his answers were noted by those with whom he conversed, and sent to the commander for comparison and inspection.
On one occasion, a young officer, in whose charge he had been placed, had been drinking too freely, and had left a letter exposed, which Johnson took the liberty to peruse. It was from a person high in command, and expressed a hope that the young officer was possessed of " too much sense and intelligence to be imposed upon by the prisoner." Knowing from this, and other circumstances, that his words, as well as actions, were the sub- ject of critical examination, Johnson resolved to affect an in- difference towards the American cause, trusting that the result would prove personally beneficial. In this he was not disap- pointed. Having been detained a prisoner for seven months, he was finally released on parole, on the 5th of October, having first signed an instrument in which he pledged his "faith and word of honor" to Gen. Haldimand that he would " not do or say any thing contrary to his Majesty's interest or government;" and that, whenever required so to do, he would repair to what- ever place should be designated by proper authority, and would there remain until legally exchanged. After his return to his family at Newbury, he would, now and then, receive letters from his friends in Canada, but was never ordered to change his resi- dence or to surrender his parole. He freely communicated his views to Gen. Washington in regard to the negotiations which,
408
HISTORY OF EASTERN VERMONT.
[1781.
for a time, were carried on between the British in Canada and the principal men in Vermont, and although mistaken in his conclusions that the state was to become a British province, proved himself a true patriot by the jealousy with which he re- garded an intercourse which, to all but those concerned in it wore the aspect of contemplated, if not of incipient, or nearly consummated treason. His unpleasant connection with the enemy continued in force by virtue of the agreement he had signed, until the 20th of January, 1783, when the treaty of peace released him from his parole of honor, at the same time that it gave independence to the United States .*
On the 16th of March, a few days after the capture of John- son and his friends, another alarm was experienced at New- bury, the cause and character of which are not known. It was sufficient, however, to excite the apprehensions of Gen. Bayley, who immediately ordered the militia from the adjacent towns to march to the place threatened by invasion. The only re- cords of the affair which are known to exist are the pay-rolls. From these it appears that eighteen men from Westminster, belonging to the companies of Capts. Jesse Burk and Michael Gilson, but commanded by the former, "marched in the alarm" at Newbury, fifteen miles towards that place and returned, hav- ing been for three days in service ; that Capt. John Mercy of Windsor, led twenty-eight of his townsmen twenty-one miles on the same errand and then returned, after an absence of three days; and that a company of nineteen men, headed by the fiercely-named Samuel Stow Savage, performed a journey simi- lar in all respects to the last, and brought his gallant followers in safety to their homes.t
The necessity of establishing the internal government of Ver- mont on a firm basis had been deeply felt at the February ses- sion of the General Assembly. In order to secure, in part, this desired result, the times and places for holding the county elections had been selected and ratified by legislative enact- ment, and notified to the most important towns. At this time there resided in Windham county a number of gentlemen of ability, who, previous to the year 1775, had been connected either as judges, lawyers, or in some subordinate capacity, with the established courts. When the power of the King had been
* Powers's Coos Country, pp. 193-216. Thompson's Vt., Part III. p. 137. + MS. Muster-Rolls, etc.
409
DISSATISFACTION AT ROCKINGHAM.
1781.]
declared a nullity, these gentlemen still retaining their loyal feelings, had retired from the struggle which ensued, and during the six years that followed had, from their seclusion, observed with interest the changes which day by day gave a new aspect to the political affairs not only of their immediate neighbor- hood, but of the whole United States. The time had now come when these men must decide between "the King and the Con- gress," as the phrase of the times was. Aware that their men- tal attainments would give them a place in the new govern- ment, and viewing the condition of royalty as doubtful and desperate, they declared their willingness to embrace the cause of America, and avowed their allegiance to the state of Ver- mont. At the elections which were held on the 27th of March, several of these gentlemen were elected to the highest and most important offices of the county. When the result was made known, great indignation was felt by those who from the begin- ning had resisted the encroachments of Great Britain, and who now beheld men who had for years remained neutral raised to office, and placed in positions which were justly due to those who had suffered in, and sustained the now triumphing cause.
Among the people of Rockingham this feeling of dissatisfac- tion was manifested in terms most significant. Many of the inhabitants of that town had been at Westminster on the night of the memorable "massacre," or on the day succeeding that event, and had there become penetrated with aversion to any- thing which bore the insignium of the Crown, and to any per- son who derived authority from it. Although illiterate men, yet they could not acknowledge that to be justice which should grant favors to him who but yesterday had sworn allegiance to America, while it neglected the brave soldier who six years ago had taken his place with eagerness and enthusiasm, among the handful whom King George denounced as rebels. Influenced by these feelings, they drew up a petition on the 9th of April, addressed to Governor Chittenden and to the Council of the state, remonstrating against the election to office of the " friends to Ministerial Tirrany and Usurpation," who until within a few days had been the "a Vowed Enemies to all authority save that Derived from the Crown of Great Britton," and the "known Enemies to this and the United States of America." "If there is proof wanted of this," they continued, "we will bring in their being active in and accessory to the shedding the first Blood that was shed in America to support Brittanic Government, at
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HISTORY OF EASTERN VERMONT.
[1781.
the Horrid and Never to be for Got Massacre Committed at Westminster Cortt House on the Night of the 13th of March, 1775." They further declared that they could perceive no dif- ference "between being halled to Great Britton for Tryal or being Tryed by these Tools amongst our Selves," and asked for a new election, or for the retention of the commissions of Noah Sabin Jr., as judge of probate; of John Bridgman, Luke Knowlton, and Benjamin Burt, as judges of the county court; of Oliver Lovell and Elias Olcott as justices of the peace; and of Jonathan Hunt, as high sheriff, in order that the petitioners might have an opportunity " to Enter a proper Impeachment and prove that Said persons are Not onely Disquallefied for hold- ing any public Station By their own bad Conduct but Cannott be freemen of the State of Vermont by the Constitution thereof." To this paper were appended about fifty signatures written in scrawls, as ragged as the composition of the document was unique.
On the 12th of April, and before the presentation of the Rockingham petition, a remonstrance similar in import, signed by Leonard Spaulding and a number of the inhabitants of Dum- merston and the neighboring towns, was brought before the Council for immediate consideration. The request contained in this instrument was answered in part, and the commissions of Noah Sabin Jr., as judge of probate, and of Samuel Knight, as a justice of the peace, were withheld for the present. The Rock- ingham petition was considered on the 16th of April, but the Council refused to accede to the wishes of the petitioners and the subject was dismissed. At the fall session of the Legislature in the same year, the case of Sabin and Knight was reviewed, and their election was confirmed on the 25th of October by regularly executed commissions. Although there was still a lingering suspicion in the minds of many as to the patriotism of several of the county officers, yet their conduct was without fault, and their duties were performed agreeable to the wishes of the most loyal supporters of the American cause .*
In enforcing the laws of the state, the courts sometimes expe- rienced difficulties by reason of the nature of the offences which they were required to notice. By a statute passed in February, 1779, it had been enacted that whoever should defame "any court of justice, or the sentence or proceedings of the same ; or
* MS. Remonstrance, Council Records, &c.
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ยท 411
ALARM OF THE NORTHERN TOWNS.
1781.]
any of the magistrates, judges, or justices of any such court, in respect of any act or sentence therein passed," should, on con- viction, be punished by fine, imprisonment, disfranchisement, or banishment at the discretion of the court. Wholly disregarding this law and its denunciations, Nathaniel Bennet of Tomlinson, now Grafton, "did, on or about " the 1st of August, while at Athens, " utter and publish these false and defamatory words " in relation to Seth Oaks, a justice of the peace :- " He has given a damned judgment against me, and he has perjured himself; and deserves to be whipped damnably." Complaint having been made against him by Stephen R. Bradley, the attorney for the state, he was arrested on an order from the Superior court, and was brought before that body on the 6th of September, while in session at Westminster. Owing to an apparent reluctance, as it would seem, to try the pri- soner at that time, he was admitted to bail, and the cause was put over until the session in January, 1782. It was then carried forward to the June term, on which occasion it was again postponed. The defendant was subsequently ordered to appear at the session in February, 1783, but failing to be present he forfeited his bail bond. No further proceedings were taken in the matter .*
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