USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 51
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504
HISTORY OF EASTERN VERMONT.
[1783.
assaulted his house about two o'clock on the morning of the 16th of November, 1783, and, having made a forcible entrance, took him prisoner, conveyed him across the line of the state into Massachusetts, and there left him. As soon as the seizure of Knowlton had transpired, Brig .- Gen. Fletcher gave orders for the military to assemble. With prompt obedience more than a hundred men belonging to the regiment of Col. Stephen R. Bradley and Col. John Sergeant rendezvoused and reported themselves ready to act as their leaders should command. But the return of Knowlton after a short absence, and the disper- sion of the Yorkers, rendered their services unnecessary, and prevented a meeting which might have proved disastrous to both parties.
The matter was not, however, allowed to rest here. On the 18th of November a complaint was entered against the rioters by Edward Smith, a constable of Newfane, and a war- rant was issued by Samuel Fletcher as one of the Councillors of the state, for their arrest. Thomas Whipple and John Wheeler were taken without difficulty or delay, and a justices' court was immediately organized-Samuel Fletcher, who was also a civil officer, presiding-for the examination of the delin- quents. Whipple, being charged with an assault, acknowledged his guilt, and stated that he with a number of others had, in obedience to the commands of Francis Prouty, assisted in carrying Knowlton without the bounds of Vermont. Having given bonds in the sum of £100 with sureties for his appear- ance, he was dismissed until the next session of the Superior court. The result of Wheeler's examination is not recorded. A few days later Jonathan Dunkley was arrested, and on exam- ination had before Mr. Fletcher, on the 27th, was recognised in the same amount of bail that had served to effect the temporary release of Whipple. The constable's returns show that he further succeeded in taking " the body of Darius Wheeler," on the 24th, and that John Wheeler became responsible for his appearance before Mr. Fletcher. No account of his examination has been preserved. The chief offender, Francis Prouty, was still at large. and it was well known that it would not be as easy to secure him as it had been to secure his abettors. When the brave deputy sheriff, Barzillai Rice, sought for him, he found him, on the 1st of December, at home, in company with five of his neigh- bors. The little party were well provided with guns and pitch- forks, the latter having been turned from a peaceful use to a
505
VARIOUS CAPTURES.
1783.]
service of an opposite nature. On approaching the house, the deputy was confronted by Prouty, who, in language striking and emphatic, warned him to desist, and declared he would " be the death of him," or, at the least, would " let out his guts," in case the deputy should attempt to enter his domicil or touch his person. Well knowing that the pitchfork by its peculiar conformation, is admirably adapted to inflict wounds of a remarkable nature, the deputy resolved to finish his call at Mr. Prouty's on some other occasion, when, even if his official presence should not be more acceptable than now, his person might be more secure.
The day that witnessed the defeat of the deputy at Brattle- borough, by means of " guns and pitchforks," beheld an assem- blage at Guilford numbering more than seventy Yorkers, armed " with dangerous and offensive weapons." Their rage on this occasion was directed against Benjamin Carpenter, a staunch Vermonter, who had already held many important positions both on the field of battle and in the administration of govern- ment, and of whose physical and mental condition combined his epitaph has preserved a quaint record, which declares that his "Stature was about six feet. Weight 200. Death had no terror." But even these qualifications, sufficient to disarm the last enemy of his power, were not of a nature to protect their possessor from the attacks of an earthly foe. He was taken prisoner by the Yorkers,* and carried away "to his great damage." There is no written, printed, or traditional account to show in what this damage consisted, nor is there reason to believe that it was very serious in its nature. Whatever it might have been, he survived it many years, and lived to see the final establishment of the state, of whose constitution and government he was a founder. Occurrences like these were sufficient to convince the government of Vermont of the deter- mined nature of the opposition of the Yorkers. Retaliation, as on former occasions, was again resorted to.
Though William Shattuck had not been released from the penalties which had been imposed upon him by the decree of banishment, yet so long as he refrained from inimical acts he
* The more prominent actors in this seizure were, Abraham Avery, Cyril Car- penter, James Davison, Hezekiah Broad, Henry Evans, Nathaniel Carpenter, Adonijah Putnam, Joshua Nurse, Jotham Bigelow, Newell Earl, Henry Evans Jr., Joseph Peck, Daniel Ashcraft, Joseph Shepardson, David Goodenough, all of Guil- ford; Charles Phelps of Marlborough; and Eleazer Church of Brattleborough.
506
HISTORY OF EASTERN VERMONT.
[1783.
was allowed to live in the undisturbed possession of his house and farm. Still he was obliged to render to the treasurer of the state of Vermont an account of the income and expenses of his estate. Having again become obnoxious to government, he was arrested on the 25th of December by Oliver Waters, a Brattleborough constable. Being placed in charge of a guard commanded by Major Boyden, he was conveyed to Westminster. Here, after undergoing an examination before Justice Nathan Fisk, in consequence of the disregard he had shown to the sen- tence by which he had been forbidden to return on pain of death, he was sentenced on the 27th to be imprisoned in " Ben- nington Gaol," without " bail or mainprize," until he should be discharged by due course of law. Again, under the direction of Waters and his posse, he was escorted across the mountains to his place of destination, where he was confined in irons on the 3d of January, 1784 .*
Kindly treatment had also been manifested towards Charles Phelps, although he had been indicted at the same time that his four friends were banished. By a resolution of the General Assembly of Vermont, passed on the 20th of October, 1783, Governor Chittenden had been requested to grant him permis- sion to visit Westminster ; to attend upon the deliberations of the General Assembly then in session at that place ; and to return to his place of abode. This request was complied with on the 21st of October, and he was allowed "to pass unmolested from Walpole" to Westminster, there to remain during the Governor's pleasure, and thence to return to Walpole. All persons were warned to take notice of this permission, and to "govern themselves accordingly." Subsequent acts of opposi- tion again brought him into a hostile position in the eyes of the Vermonters. On the 3d of January, 1784, a warrant was issued for his arrest. Being taken on the 4th he was imprisoned in the jail at Westminster, and the keeper was ordered to retain him in custody until the courts should declare their opinion respecting his future treatment.t
Terrified at the summary manner in which the government of Vermont appeared determined to treat its opponents, a number of the most prominent adherents of the New York party assem- bled at Brattleborough on the 6th of January, and addressed a
* MS. Court Records. Papers in office Sec. State Vt. MS. Papers of S. R. Bradley.
+ MS. Papers of S. R. Bradley.
507
PETITION TO GOVERNOR CHITTENDEN.
1784.]
petition to the authorities of the state, couched in these words : " Whereas the exigences of the people living in sundry of the towns on the Grants, viz., Brattleborough, Guilford, Hinsdale, and others, demand the most serious consideration of the virtuous citizens both of the subjects of New York and Ver- mont, and a zealous assiduity to come to some equitable and salutary measures to prevent all kinds of severity against each other, or any hostile measures which will finally bar the bene- volent exertions of the subscribers in their humble address to the authority of Vermont.
"Therefore it is most humbly prayed and earnestly desired by each of us, the subscribers, that the authority of Vermont would immediately release Major Shattuck and Esquire Phelps from their present imprisonment; also cease from acts of the like kind, and restrain the troops raised and to be commanded by Colonel Wait, from marching for the support of the govern- ment, until the rising of the next session of Assembly in Febru- ary next, at which session of Assembly, the subscribers, who profess themselves to be subjects of New York, really intend by themselves or by agents appointed for that purpose, to make application to said Assembly of Vermont, for a general purifi- cation, and an amicable settlement of past misunderstandings and things which have happened between the people claiming to be subjects of New York and Vermont, upon just and equi- table terms, consistent with the rights of mankind, the constitu- tion of Vermont, and the authority of the United States of America." *
The reply of Governor Chittenden to this communication, dictated by those principles of loyalty which he owed to the state, and expressed in his own terse and emphatic language, was far from an endorsement of the views which had been set forth by the petitioners. "Gentlemen," he wrote on the 10th of February, "I received a request signed by you, which appeared to be designed for the consideration of the authority of this state. Viewing it to have come only from those in oppo- sition to this government, it would not admit of an answer for many reasons which appear obvious from the tenor and style of your writing. I shall, however, inform you, my friends, of my
* The names appended to this petition were those of John Bridgman, Samuel Knight, John Houghton, Jonathan Hunt, William Biglow, Timothy Church, Henry Evans, Jotham Biglow, Orlando Bridgman, Francis Prouty, Edward Carpenter, Timothy Phelps, Hezekiah Stowel, Amos Tute, Elijah Prouty, Rutherford Hays.
508
HISTORY OF EASTERN VERMONT.
[1784.
sentiments respecting the matters contained in it. The prospects I have had, which are well known to you, since the rising of the Assembly, of a general submission which was the only object of government, have been the only cause of the unexpected delay of the march of the troops.
"I am very certain were the Assembly now sitting they would have no bargain to make with the people who have given us so much trouble without any object. I cannot say what might be done by them to prevent the march of Colonel Wait's troops. This I can say, that nothing short of an imme- diate and universal submission can effect it."*
Pending this correspondence, the Vermonters continued to harass the Yorkers with an energy which accorded well with the late proceedings of the General Assembly. Although a warrant for the arrest of Francis Prouty had been in the hands of the constable for more than a month, yet by his vigilance the wily Lieutenant had eluded all efforts to take him. His capture was effected at last by a party of men who broke into his house on the evening of the 8th of January, and removed him thence to prison. On the same night Seth Clark, a New York sergeant, was disposed of in a similar manner. Deter- mined to teach the Guilfordites a lesson, a party of five men, armed and prepared for attack or defence, entered the house of Capt. Joseph Peck, a few hours after the arrest of Prouty and Clark, leaving a number of persons on the outside in case their aid should be needed. Not finding the object of their search, and being unable to obtain any information from Mrs. Peck on the subject, they plundered the house, carrying off a sword and such other weapons as they could obtain. About one o'clock on the morning of the 9th the same party entered the dwelling of Maj. Henry Evans, whom they could not find, and of whom his wife could give no reliable account. A candle and a tinder- box, taken from the ample pocket of one of the intruders, gave them light in prosecuting their investigations, and enabled them to appropriate a gun, a sword, and a quantity of ammunition, as the reward of their labors. They next entered the house of Mary Carpenter, but finding there neither arms nor men, be- took themselves to the residence of Hezekiah Broad, and made inquiries for him of his wife Sarah. In this instance, as in two of the instances already mentioned, their visit was without suc-
* MSS. in office Sec. State Vt., ix. 229.
509
LETTER OF S. R. BRADLEY.
1784.]
cess. Broad, like many other Guilfordites, had been warned of their coming, and had wisely withdrawn from observation. In enterprises like these they were engaged until morning, and were so fortunate as to secure a number of old blunderbusses, rusty swords, curiously carved powder-horns, pursy bullet-bags, and long, snake-like shot-pouches .*
Willing to put an end to these nocturnal visitations, Stephen R. Bradley, on the 10th of January, addressed a letter "To the inhabitants of the town of Guilford and its vicinity, who have been opposing the government of Vermont." "I officially ac- quaint you, as Attorney-General for the freemen of the state of Vermont," said he in this communication, " that government wishes for your welfare as a people, and notwithstanding the coercive measures that are adopted, are willing to do every- thing for you consistent with the welfare of government; and I now assure you, upon your desisting from your opposition, and returning peaceably to your families, your persons and proper- ties shall be protected ; and in order for that, upon your certi- fying under your hands on your parol of honor to me, or to the sheriff of this county, or his deputy, or to Major Josiah Boyden of Fulham; that you will not directly nor indirectly do any act or thing prejudicial to the state of Vermont, all prosecutions against any of you shall be no further prosecuted till the rising of the next General Assembly, when I trust you may meet with all desired lenity. I except nevertheless all persons who have been taken by the officers of government, and such as have been banished. What you do in this respect must be soon, as the matter is now become serious." Irritated by the indignities to which they had been subjected, the Yorkers were in no spirit to accept of conditions or apply for pardon. Meantime the Vermonters persisted in executing the laws of their state. On the 10th, warrants were issued for the arrest of Henry Evans of Guilford, and Eleazer Church and Nathaniel Chandler of Brat- tleborough. Church, who was taken on the 12th, was brought before Justice Nathan Fisk of Westminster, and being charged with " treasonable conduct" was lodged in the jail of that town, "loaded with irons." On the 13th, Chandler was also com- mitted.+
From the latter part of October, 1783, to the present time, a detachment of state troops, which had varied in number from
* Various MS. Depositions.
+ MS. Papers in office Sec. State Vt.
510
HISTORY OF EASTERN VERMONT.
[1784.
twenty-five to sixty-five, had been under arms for the purpose of quelling any outbreaks that might arise, and for assisting the sheriff in performing the duties of his office. They it were who had made arrests in the night time, and removed such means of defence as they could find, from the houses of the op- position. The quarters of Com .- Gen. Joseph Farnsworth, Maj. Josiah Boyden, Ens. Oliver Waters, and Lieut. Experience Fisk, the officers of this detachment, were at the inn of Josiah Arms, in Brattleborough. Enraged by the conduct of the sol- diers of this detachment, the Yorkers determined to retaliate by taking some of them prisoners. With this intention William White, Daniel Ashcraft," Joseph Shepdarson Jr., Nathaniel Shepardson, Noah Shepardson, Samuel Melendy, Hezekiah Broad, Samuel Curtis, Moses Yaw, Daniel Cole, Artemas Goodenough, Ithamar Goodenough, and Jotham Biglow, all of Guilford; Richard Church and Isaac Kendall of Brattlebo- rough; and a number of others, the whole commanded by Nathaniel Carpenter of Guilford, attacked the inn on the 16th, and demanded the immediate delivery of Waters, who had be- come especially obnoxious on account of the energy he had dis- played in behalf of the state. General Farnsworth endeavored to expostulate with them upon the rashness of their conduct, but they were deaf to his remonstrances and renewed their demand in the most peremptory manner. Determined to ac-
* At the commencement of the revolutionary war, Mr. Ashcraft, who was friendly to the American cause but who did not choose to engage in the struggle, abandoned his dwelling on Fisher's Island within the then province of New York, and removed to the town of Guilford, in Cumberland county. In the disputes which afterwards arose among the settlers on the New Hampshire Grants, he supported the claims of the New York adherents, and in the end was compelled to leave the state. On the 25th of October, 1784, he petitioned the Legislature of New York for a grant of land in the western part of that state. The commit- tee to whom his petition was referred reported thereon on the 29th, and the con- sideration of his request was, on their recommendation, postponed. Finding that he could obtain no aid in this direction, he presented a petition to the General Assembly of Vermont on the 19th of October, 1785, in which he prayed " for a pardon of all offences he had committed" against the state " by adhering to the government of New York." The report of the committee to whom his request was referred stated, that although he had formerly been connected with the opposition, he was " now likely to make a good citizen," and recommended that he should be pardoned by an act of the Legislature, provided he should take the oath of allegiance before the 1st of March, 1786. The report was accepted, and an act was passed agreeable to the recommendation .- MS. Petition to N. Y. Senate. Journal Senate N. Y., Ist Meeting, 8th Session, p. 13. Journals Gen. Ass. Vt., Oct. 1785.
511
RETALIATIONS OF THE YORKERS.
1784.]
complish their object, and enraged by the grievances to which they had been subjected, they commenced an assault upon the house, and riddled the doors and windows with musket balls and buckshot. After firing about thirty times, wounding Major Boyden in the leg, and shooting a traveller through the thigh, they entered the building "in their common, desperate man- ner," as was subsequently stated, and having captured Waters departed with their prey .*
The object of Farnsworth in remonstrating with the York- ers was to delay their attack until the troops, who were quartered about a mile distant, could be informed of the danger with which the officers were threatened. But his efforts, as has been seen, were without avail. Satisfied with the result of their foray, the Yorkers surrounded the prisoner, and ordered him to accompany them. Under a strong guard they conveyed him on foot to the northern lines of the state of Massachusetts, where they fastened on his hands " a huge weight of ill-shaped iron," and consigned him to the care of two of the party, with orders to conduct him to Poughkeepsie. The news of the seiz- ure reached Halifax on the night of the 17th, through the instrumentality of Lieut. John Noyes of Guilford, and pro- duced an intense excitement. Horses and arms were immedi- ately procured, and a company of fifteen ment led by Joseph Tucker started in pursuit. Knowing well the route which their opponents had taken, they followed closely in their track, and on the 18th reached Northampton, where they found Wa- ters. They immediately rescued him, and at the same time secured his guards.
Meantime Timothy Phelps, who had been entrusted with a number of dispatches and depositions which he was to deliver to Governor Clinton, had commenced his journey, and having reached Hadley, was visiting his brother Charles, who was a resident of that town. Tucker and his party, who, to use their own language, were "then in high spirits," being unwilling to return without accomplishing some other exploit, determined
* In a newspaper account of this affair it is stated that "Waters voluntarily resigned himself up to the party." The court papers, and the other documentary testimony of that period, corroborate the version presented in the text.
+ Thomas Scott, Stephen Gates, Timothy Woodward, David Williams. Elijah Phillips, Gorham Noyes, Joel Sumner, Philemon Stacy, Daniel Walworth, Rufus Fisk, Samuel Dennison, John Noyes, Caleb Owen, Thomas Farnsworth, Nathaniel Whitney .- Tucker's Petition.
512
HISTORY OF EASTERN VERMONT.
[1784.
to escort Timothy Phelps back to Vermont, in the same manner in which Waters had been compelled to leave that state. Concealing the object of their visit, they entered Hadley after nightfall, and on approaching the house where Timothy Phelps was lodged, asked to be admitted. Springing from his bed and seizing his arms, Charles Phelps rushed to the door, but before he could reach it, Tucker and his men had forced an entrance. A severe struggle en- sued, in which the owner of the dwelling was overpowered and thrown to the floor. As the rioters were proceeding to bind him, his wife appeared and claimed him as her husband. At the same time Timothy Phelps came forward, and the rioters perceiving their mistake allowed the supposed offender to arise, and seizing his brother secured him and departed, with the intention of confining him in Bennington jail, where he had already spent so many months.
As soon as Tucker and his party had gone, Charles Phelps hastened to Elisha Porter, the sheriff of Hampshire county, and informed him of the occurrences of the evening. Warrants were immediately issued, a number of the local militia who were commanded by Phelps were placed under arms, a posse was also collected, and the whole party, thirty strong, mounted, and headed by the sheriff, were soon in hot pursuit. On reach- ing Hatfield, Waters's party had been joined by twelve more of the state troops of Vermont, and with this reinforcement they were pushing forward with as much speed as the circumstances would allow. Dashing on without once drawing rein, their pur- suers followed with spirit and determination. At eight o'clock on the morning of the 19th the rioters were overtaken at Bloody Brook in Deerfield, where they had dismounted to refresh both themselves and their horses. Entering the room where they were engaged at breakfast, the sheriff exclaimed, " Where are these damned Vermonters ?" and without giving them time to rally, the men of Hampshire county commenced the attack. The rioters, ignorant of the legal authority under which their opponents were acting, and taking them for Yorkers, resisted with vigor. In the midst of the struggle which was now becoming serious, the sheriff made known his official charac- ter, and pronounced the rioters his prisoners. Satisfied that resist- ance to such authority would be likely to terminate unfortunately, Waters and his party submitted to the sheriff, released Timothy Phelps, and were carried back to Hadley. There they were tried before three justices. Four of them were found guilty of
513
SENTENCE OF TUCKER AND HIS ASSOCIATES.
1784.]
riotous conduct, and were adjudged to pay in fines and costs £21 Ss. Tucker, in his relation of the affair, stated that this verdict was obtained through the instrumentality of Charles Phelps of Hadley, and that the views of the sheriff were so much changed when all the circumstances connected with the affair were made known to him, that he frankly forgave the Vermonters, although he had received more wounds than all the rest of his party, eulogized them in open court as " good fellows," and promised his assistance in the future "both as a gentleman and a magistrate," in preventing their fellow-citizens from being " carried through that vicinity by the Yorkers."*
* On the 25th of February following, Tucker and his associates petitioned the General Assembly of Vermont who were then in session at Bennington, for a reimbursement of the expenses which they had incurred in these proceedings. Defending the course they had pursued, "we did all this," said they, "solely out of loyalty and friendship to this government, and although we did not carry our points in everything, yet we prevented Mr. Waters from being now confined in New York, which doubtless the Yorkers would have gloried much in; and also obtained the favor of the officer in the Massachusetts state, be- fore mentioned, which will, in all probability, be interesting to this state." Their petition was referred to a committee of three, who subsequently met and cousulted with a committee from the Council consisting of Ira Allen. The report of the joint committee was accepted on the 5th of March, and an order was passed directing the sale of so much of the estate of Charles Phelps of Marl- borough, which had already been confiscated to the use of the state, as should amount to £49 13s. 11d., the sum claimed by the petitioners. At this point the subject, it is believed, was dropped, and was probably never again revived .- MS. Accounts of the Capture of Waters, Tucker, Phelps, etc. Thompson's Vt. Ga- zetteer, p. 142. South Carolina Gazette, Feb. 2, 1784.
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