USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 55
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On the 6th of May, the day following the adoption of this act, a meeting of the commissioners of the land office was held in the city of New York, at the office of the secretary of state. Recognizing the full force of the act, the title of which has been already cited, and of a resolution they had previously passed, in which they described generally the land which they intended to bestow upon those who had suffered in the service of the state-the commissioners resolved " that the following tract of land equal to eight miles square, in a township to be laid out agreeable to the said act and the preceding resolution, be and is hereby appropriated for the use of Colonel Timothy Church, Major William Shattuck, and Major Henry Evans, and such other persons of the counties of Cumberland and Gloucester as shall be deemed by this board to be sufferers in opposing the government of the pretended state of Vermont, to wit :- Beginning at a point on the west bank of the Unadilla or Tianaderha river, one mile northerly from where the same empties itself into the Susquehanna, and thence running down the said river to the mouth thereof, thence southerly along the line run by Simon Metcalfe for the line of cession, commonly called the line of property, established at the treaty with the Indians at Fort Stanwix in the year 1768, eight miles, and extending from thence and from the place of beginning west so far as to include 40,960 acres, the north and south bounds to be east and west lines, and the west bounds to be a north and south line, and that a certified copy of this resolution be a suf- ficient warrant to the surveyor general to survey the same."
The prosecution of the claims of the New York adherents
* Laws of New York, 9th session, p. 133.
545
DISTRIBUTION OF LAND. ,
1786.]
was entrusted to the care of Timothy Church and William Shattuck. On the 11th of July, at a meeting of the commis- sioners of the land office, held in the city of New York, they produced to the board " a list of the names of one hundred and seven persons, inhabitants of Cumberland county, with their affidavit, proving that the said persons were sufferers in oppos- ing the government of the pretended state of Vermont, and that the quantity set down on the said list opposite to the names of the respective persons, are the proportions which they would, on an estimate of their respective losses of property and time, and sufferings by imprisonment, respectively be enti- tled to, of the tract of eight miles square, appropriated, agree- able to law, by this board for their use, on a presumption that there were no other sufferers." On a closer investigation, the board concluded that there might be other persons equally en- titled to "the bounty of the state," whose names were not inserted in the list presented by Church and Shattuck. This opinion was sustained by the fact that the list did not " in any instance extend to the inhabitants of Gloucester county." A resolution was therefore passed, " that there be reserved of the tract appropriated as aforesaid, the quantity of 6,400 acres, equal to ten lots, to satisfy the claims of such of the said suffer- ers as may not be included in the list now produced."
The board then proceeded to the consideration of the claims of the several persons named in the list, and having acknow- ledged them "to be sufferers in opposing the government of the pretended state of Vermont," distributed among them, in a ratio proportionate to their losses, fifty-four lots of 640 acres each, reserving ten lots of 640 acres each to meet any just demands for compensation that might be made in the future. Of the land thus granted, Timothy Church received 3,840 acres ; William Shattuck, 3,200 acres; Henry Evans, 1,920 acres ; Francis Prouty, 1,180 acres; Hezekiah Stowell, 840 acres ; William White, Joseph Peck, Daniel Ashcraft, and David Thurber, each 640 acres ; Charles Phelps, 508 acres ; James Davidson, 500 acres; and the rest smaller quantities .*
Daniel Shepardson received 280 acres. On the 4th of July, 1786, a few days before the allotment was made, he wrote to Governor Clinton from Guilford, in- forming his Excellency that he was dissatisfied with the statements that Mr. Shat- tuck had presented concerning his (Shepardson's) losses by the Vermonters. At the same time, he communicated an epitome of his losses in these words :- " By the Best Istemate that I Can make on the Whole for Time and Money Spent and for My Catel that have Bin taken from me By the Varmontears and for Being 35
546
HISTORY OF EASTERN VERMONT.
[1786.
But in no case did any one person receive less than 90 acres. Of the reserved lands, lots of 640 acres each were, on the 12th and 14th of September, divided among certain of the sufferers who had neglected to apply for compensation at the appointed time .*
The land granted to "the sufferers in opposing" the go- vernment of Vermont was, at the time of the grant, located in Montgomery county. It formed "a part of a larger tract " which the province of New York had purchased of the Oneida and Tuscarora Indians, in the year 1768, and was known in the records of the land office and on the pages of the field books as a part of No. 2, or Clinton township. In the year 1791, the land which had been appropriated to the " sufferers," and a sufficient quantity additional to make an area of 48,000 acres, was erected into a township by the name of Jericho. On the 1st of June, 1814, the name of the township was changed to Bainbridge, in honor of Commodore William Bainbridge, whose victory, as commander of the Constitution, over the British frigate Java, was at that time the theme of remark and admiration throughout the United States. Bainbridge is situ- ated in the south-eastern corner of the county of Chenango. The Susquehanna river runs through the township from the north-east to the south-west, and divides it diagonally. "The inhabitants came principally from the Eastern States," observes. Mr. Spaf- ford in his Gazetteer of the State of New York, "and it is almost superfluous to add that common schools for the educa- tion of youth are well supported."+
maid prisoner allso for my Beeing Drove from my Famaly and farm a Bout five Months, their Distressing my famaly and taking provishon from my house when I was in Exile allso their taking my Son prisonr who was a Solger under Cap Peck and for two fire arms and for Many more Damages too Neumorous to Menshun the which I Sustaned By Vermont [my losses are equal] To the Amount of Four Hundred Dolars And for the Better understanding I wood Refer His Excelency Unto Mar Evens Who is Best aquanted with my Affairs." It is probable that this information arrived too late to affect the decision of the commissioners. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 55.
* Land Office Minutes, in office Sec. State N. Y., 1784-1788, i. 169, 170, 194- 198, 220, 221, 224, 225. Doct. Hist. N. Y., iv. 1017-1020.
The names of the " sufferers" who were recompensed in lands, the quantity they received, the time when the grants were made, and other particulars relat- ing to this subject, will be found in Appendix K.
+ The town of Bainbridge, by the name of Clinton, was situated in the county of Montgomery until February 16th, 1791, when Tioga county was taken from Montgomery. At that time Bainbridge, by the name of Jericho, was organized as a part of Tioga. On the 15th of March, 1798, portions of Herkimer and Tioga
547
WISE ADDRESS OF GOVERNOR CHITTENDEN.
1786.]
While the Legislature of New York were endeavoring to compensate those of their citizens, who in maintaining the jurisdiction of that state on the "Grants," had lost much of their real and personal estate, the government of Vermont was engaged in devising measures to satisfy the wants of its own citizens. During the summer, " the sufferings of the people becoming severe, and their complaints loud, on account of the extreme scarcity of money, Governor Chittenden, in the month of August, published an address to the inhabitants of the state, which was evidently dictated by a paternal regard for their welfare and happiness." In this carefully considered paper, he earnestly exhorted his fellow-citizens to be industrious and economical; to avoid, as much as possible, the purchase of foreign productions ; and to devote their attention to the raising of flax and wool, and the various articles necessary for food and clothing. He counselled them to exercise prudence and diligence in business ; mutual forbearance and kindness in their relations with one another ; and a true regard for the safety of the state. By this course of conduct, and by the assistance which the Legislature would afford at their next session, he expressed a hope that their sufferings would be brought to a speedy termination, and they become " a prosperous and happy people."*
In accordance with the promise of Governor Chittenden,
counties were formed into a county by the name of Chenango. Since that time, Bainbridge-by the name of Jericho until 1814, and subsequently by the name of Bainbridge-has formed a part of Chenango county. The village of Bainbridge, now a "large and thriving" place, was incorporated by an act of the Legislature of New York, passed April 21st, 1829. The other settlements in the town are known as East Bainbridge, North Bainbridge, South Bainbridge, and Bettsburgh.
In the laws of New York, appended to the act for " altering the name of the town of Jericho in the county of Chenango " to Bainbridge, which was passed on the 15th of April, 1814, appears the following note, by the patriotic editor of the volume, inserted in brackets :- " The name of Bainbridge will be held dear by every American who loves his country and admires the heroes who defend it. The inhabitants of Jericho have evinced much patriotism in the alteration of the name of this town. We have now counties and towns bearing the names of Washington, Clinton, Gates, Jay, Preble, Decatur, Perry, and Bainbridge, besides others in honor of our revolutionary and naval heroes."-Maps in Book of " Deeds," in office Sec. State N. Y., xx. 568-570. Map No. 57, in office Sec. State N. Y. Laws of New York, 1791, 14th session, chap. x. Greenleaf's ed., ii. 341; 1798, 21st session, chap. xxxi .; 1799, 22d session, 2d meeting, chap. xxxiii. ; 1814, 37th session, chap. clxxx. p. 213; 1829, 52d session, chap. cxcviii. pp. 302- 308. Spafford's N. Y. Gazetteer, Art. JERICHO. Biog. Am. Military and Naval Heroes, ii. 143-176. Barber's N. Y. Hist. Coll., ed. 1841, pp. 99, 100. * Thompson's Vt., Part II. p. 79.
548
HISTORY OF EASTERN VERMONT.
[1786.
measures were taken by the Legislature during their session in October, to relieve the embarrassments of the people. Those who were inclined to suffer inconvenience rather than disturb the peace of the state, ceased to complain, and endeavored to quiet the murmurings of their neighbors. Others who owed money and who did not intend to pay their debts, determined " to prevent the sitting of the courts in which judgments and executions might be obtained against them." By the terms of the statute, a session of the court of common pleas for the county of Windsor was appointed to be held at Windsor on Tuesday the 31st of October. On the morning of that day, a mob of about thirty armed men,* from the towns of Barnard and Hartland, under the command of Robert Morrison, a Hart- land blacksmith, and Benjamin Stebbins, a Barnard farmer, assembled near the court house at Windsor, a little after sun- rise. Though no movements to that effect were made, yet their obvious design was to hinder the sitting of the court. Prompt in the discharge of duty, Stephen Jacob the state's attorney, and Benjamin Wait the high sheriff, waited on the malcontents ; read to them the riot act and several other acts relative to un- lawful assemblages ; made proclamation to them to disperse ; addressed them on the "impropriety of their proceedings ;" and kindly advised them to return peaceably to their homes. After a little hesitation, they concluded to obey the laws, and dispersed.+ The court convened in the afternoon, adjourned to the next morning, and then proceeded to business without any further molestation.
On Tuesday, the 14th of November, a term of the Supreme court was held at Windsor, Paul Spooner, chief judge, presiding, assisted by Nathaniel . Niles, Nathaniel Chipman, and Luke Knowlton, side judges. Warrants were immediately issued for the arrest of the rioters, and Morrison and several of his men were taken and placed in confinement. Complaints were then exhibited against them by Stephen Jacob. In these it was charged that they, on the 31st of October, "with guns, bayonets, swords,
* In the complaint exhibited by the state's attorney, in the action of the free- men against the rioters, the persons charged with being engaged in this disturb- . ance, were Amos Bicknal, John Whitcomb, and Solomon Aikin of Barnard; Moses Lull, Daniel Munsell, Daniel Munsell, Jr., Thomas Lazel Munsell, and Hira Flowers of Hartland; and "divers others to the said attorney unknown." MS. Court Papers.
+ In one account the following statement appears :- "The insurgents being disappointed in their views, dispersed."
1
549
WINDSOR RIOTS.
1786.]
clubs, drums, fifes, and other warlike instruments, unlawfully, routously, and tumultuously did assemble and gather themselves together, to disturb and break the peace of the state ;" and that being thus assembled, they did "parade themselves in the front of the court-house in said Windsor in martial array, and with fixed bayonets did resist, obstruct, and hinder " the sheriff of the county, and the county court "from entering the said court house, and them did impede from opening and holding the said court, then and there by law to be opened and holden." To these charges Morrison pleaded guilty and threw himself upon the mercy of the court. The court sentenced him to suffer one month's imprisonment ; to procure bonds of £100 for his good behavior for two years ; to pay a fine of £10, and to bear the costs of the suit. The punishment of the other offenders, who either pleaded or were found guilty, was proportioned to the offences they had committed.
Soon after the result of the trial had been announced, about fifty of the insurgents, most of whom resided in Hartland, assembled under arms at the house of Captain Lull, in that town, five miles north of the Windsor court house, with a fixed determination to rescue Morrison from imprisonment. The court having been informed of these proceedings on the 16th of November, directed the sheriff to procure assistance, proceed to the place where the insurgents were collected, arrest them, and commit them to prison. In obedience to these commands sheriff Wait, who was also Colonel of the third regiment of the Vermont militia, ordered Captain Dart of Weathersfield to march his company to Windsor. On the evening of the same day, the soldiery of the latter place assembled to aid the civil authority. The court and some of the higher military officers then called a council, and having taken into consideration the situation and character of the mob, determined that it would be true policy to take them by surprise. In conformity with this conclusion, Colonel Wait, with a force of forty men well armed, set out for the encampment of the insurgents very early on the morning of the 17th, and after a march of more than five miles, reached it between the hours of three and four.
Having escaped the notice of the guards by taking a circui- tous route, Wait and his men entered Captain Lull's house in two divisions, and after a short, but "very resolute " attack, captured twenty-seven of the insurgents. During the conflict the leaders of the revolt escaped. So expeditiously was this
550
HISTORY OF EASTERN VERMONT.
[1786.
service performed, that Wait's party returned to Windsor and lodged the culprits safely in the jail at that place, before sun- rise. Though the victory over the insurgents was gained with comparative ease, yet several wounds were received by the sheriff's party. Stephen Jacob, the state's attorney, did not escape without injury, and Wait himself was "badly wounded in the head."* Still he was able to attend court, and, observed a chronicler of that time, would "have headed his regiment if necessity had required it." The results of this attack would have been far more disastrous, but for the humanity and firm- ness evinced by the military. The conduct of Captain Dart was highly applauded, and it was publicly announced at the time that he and his company were entitled to "the particular thanks of the freemen" of the state.
On the 18th the state's attorney exhibited a complaint against the insurgents,t in which they were charged with having assembled for the purpose of hindering the Supreme court from proceeding with the trial of certain persons who had been "informed against for a high misdemeanor," and for the purpose of rescuing Robert Morrison, "then a prisoner in the gaol at said Windsor pursuant to a legal order from said court." In answer to these accusations the prisoners pleaded guilty, and appeared "very humble and penitent." In consequence of these manifestations, they were "treated with great tenderness by the court." Fines were imposed upon them, and they were also required to discharge the cost of the suits, and to procure bonds for their good behavior for one year. Fears had been enter- tained that an insurrection of the people was about to happen, which would endanger the government of the state, and jeopar- dize the lives and liberty of those who refused to join it. Pre- parations for such an event were accordingly made, and on Saturday, while the trial of the insurgents was in progress, six hundred soldierst under the command of Brig .- Gen. Peter
* In the pay roll of the field and staff officers, Colonel Wait claimed remunera- tion for loss, occasioned by "twenty-six days' sickness of wound."
+ In one of these complaints, the persons informed against, were Amos Kendall, Benjamin Hale, Silas Hale, David Hale, and Abijah Capen of Windsor ; Benjamin Munsell, Timothy Wooster, Eleazer Bishop Jr., Paul Rogers, Oliver Rogers, Samuel Danforth, Silvanus Wood, John Jenne, Elzi Evans, Asa Evans, Zera Evans, Elisha Gallup Jr., James Kelsey, and William Hopkins of Hartland; and Josiah Clark, and Josiah Hurlburt of Woodstock. MS. Court Papers.
# Among the militia present on this occasion, were Capt. Matthew Patrick's company of forty-three men; Capt. Andrew Tracy's of twenty-one men; Capt.
551
OUTBREAK IN RUTLAND.
1786.]
Olcott assembled under arms at Windsor. Meantime the insur- gents, having received reinforcements, had collected at Lull's house to the number of a hundred. While in doubt as to the course they should pursue, information was brought to them of the preparations for defence or attack which were in progress at Windsor. Satisfied that government was too strong to be overcome by their puny efforts, the malcontents dispersed, stu- dious only to avoid detection and disgrace. Early in the following week the soldiers returned to their homes, and peace was again restored to the distracted county. On the 21st of November, a similar outbreak occurred in Rutland, at the commencement of the session of the court. For a time, it seemed as though the efforts of the "Regulators," as the rioters styled themselves, would be successful. But the firmness and dignity of the court ; the readiness of the militia to act in defence of govern- ment ; and the speedy measures which were taken to quell the insurrection, all united to avert a result so fearful. The insur- gents were in the end defeated, and the course of justice was not again impeded by the reckless conduct of those whom misfor- tune had reduced to misery and want. The passage of laws to relieve the people from vexatious litigation, and more especially of an act "making neat cattle, beef, pork, sheep, wheat, rye, and Indian corn a lawful tender, if turned out by the debtor on any execution, which must be received by the creditor at the value of their apprisal by men under oath,"* tended to make the burden of debt under which many were laboring more
Henry Tolles's of sixteen men; Capt. Asahel Smith's of thirteen men; Capt. Nathaniel Weston's of ten men; and the combined companies of Capts. John Hopson and Nathaniel Severs of twenty-two men. The field and staff officers of the third regiment who, as it was expressed in the pay roll, "turned out for the support of government," were Col. Benjamin Wait, Lieut .- Col. Elijah Robinson, Major Jesse Safford, Adjt. Briant Brown, and Qr .- Mr. Jesse Williams. During this disturbance, the troops were well fed, as appears by the bills subsequently presented to the state treasurer for payment. Col. Benjamin Wait's demand "for supplying the troops with rum and other necessary provisions" was allowed, as was that of Elijah West " for his victualling and liquors delivered to Capt. Dart's company," and as were also several other demands of a similar nature.
* This act was passed at the session of the Legislature of Vermont, held at Ben- nington during February and March, 1787. On the 2d of the latter month, the following resolution was passed by the General Assembly, and ordered to be pub- lished :- " Resolved, that this house entertain a high sense of the services done to this state by the officers and soldiers, whose spirited exertions crushed the late daring insurrection against government, in the counties of Rutland and Windsor, and do hereby return the said officers and soldiers their hearty thanks."-Thomp- son's Vt., Part II. p. 81.
552
HISTORY OF EASTERN VERMONT.
[1786.
endurable, and served " to check the legal enforcement of col- lections." The people became satisfied of the protective cha- racter of government, and gave it a support, cordial, firm, manly, and patriotic. Attention to business was rewarded by increased profits. Competence crowned the labors of many. Contentment smiled in the humble cottage and pervaded the hos- pitable farm-house. Health glowed in the faces of the rosy girls and ruddy matrons of the Green Mountains, and happiness waved its wand of blessing over the valleys of the peaceful Connecticut .*
The allotment of lands by the Legislature of New York to Timothy Church and his associates, led others who had been similarly situated, but who at a comparative early stage in the controversy had submitted to the government of Vermont, to apply for assistance. On the 12th of December, Eleazer Pat- terson, Samuel Knight, Benjamin Butterfield, John Sergeant, Josiah Arms, and twenty-two other persons addressed a petition to Governor Clinton and to the Senate and Assembly of New York, in which they declared that they had been " uniformly loyal to the state of New York ;" had supported the rights and interests thereof; had " not only frequently risked their lives, but expended large sums of money and lost an abundance of time in defence of the said state ; had been often imprisoned ; and had suffered the loss of property to a considerable amount." They further stated that they had "continued to exert them- selves in support of the state of New York, until they were left totally abandoned to the fury of their enemies," and then had submitted " to the usurpation of the government of Vermont," only to avoid being " deprived of their whole property." For these services and sufferings they asked as a compensation, " a grant of vacant and unappropriated land." No evidence was adduced in support of these statements. In consequence of this omission, the committee of the Legislature to whom the subject was referred, reported adversely to the petition.t
* Worcester Magazine, 1786, ii. 460, 465. MS. Complaints of the state's attor- ney. MS. Pay rolls. MSS. in office Sec. State Vt. Thompson's Vt., Part II. pp. 79-81. + At a meeting of the commissioners of the land office, held on the 25th of May, 1787, " the petition of Eleazer Patterson of Hinsdale, suggesting himself to be a sufferer in opposing the government of the pretended state of Vermont, and praying for a grant of lands accordingly," was read. Similar petitions from John Kathan, Obadiah Wells, and the widow of Henry Sherburne were, at the same time, presented. The consideration of all these applications was postponed. Land Office Minutes, in office Sec. State N. Y., 1784-1788, i. 256. Doc. Hist. N. Y., iv. 1020-1022.
553
FAVORABLE FEELING IN NEW YORK TOWARDS VERMONT.
1787.]
At this period, a disposition favorable to the admission of the state of Vermont into the Union, began to be manifested by some of the most influential citizens of New York. Of this number were such men as Alexander Hamilton, Philip Schuyler, Richard Harrison and Egbert Benson. The pretensions of Ver- mont to a separate jurisdiction, first announced soon after the commencement of the late revolution, had been maintained throughout the whole of that struggle, and had never been disavowed although conciliatory laws had been passed, over- tures made, and negotiations carried on in Congress to effect this result. The peace of 1783 had found Vermont in a con- dition of actual independence, organized under a regular form of government, and with a population rated at one-half of that of New York. The latter state had formerly threatened to reduce the people of Vermont to its obedience. The idea of subjection had now become so involved in difficulty, that all except the most rash and thoughtless had abandoned it as fool- ish and chimerical. While affairs were in this position, an attempt was made to further the project of admitting Vermont to a share in the federal government. An act "to empower and direct the delegates of this state in Congress, to accede to, ratify, and confirm the sovereignty and independence of the people of the territory commonly called and known by the name of the state of Vermont," was introduced into the Legis- lature of New York, during the session of 1787.
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