USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 62
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* The private instructions, which, with the exception of General Howe's sig- nature, were in Mr. Brush's hand-writing, were as follows :-
"Sir,-I am informed there are large Quantities of Goods in the Town of Boston, which, if in possession of the Rebells, would enable them to Carry on War. And Whereas, I have given Notice to all Loyal Inhabitants to remove such Goods from hence, and that all who do not remove them, or deliver them to your Care, will
615
WHOLESALE PLUNDER.
No sooner was this proclamation issued, than Mr. Brush began his work of plunder. Regardless of the sacred character of the day, he broke into the shops of Samuel Austin, John Scollay, John Rowe, John Barrett and Sons, Captain Dashwood, and Captain Partridge, whence he removed goods to the value of several thousands of pounds sterling. From the shop of the Jacksons he also took about twenty-five packages of goods, but these were treated with more care, for they were guarded by James Jackson as far as the wharf whence they were shipped .*
Nor did he confine himself to linens and woollens, the articles which had been declared contraband. His was an indiscri-
be considered as abettors of Rebells. You are hereby Authorized and Required to take into your Possession all such Goods as answer this description, and to give Certificates to the Owners that you have received them for their use, and will deliver them to the Owners' Order, unavoidable Accidents excepted. And you are to make enquiry, if any such Goods be secreted or left in Stores, and you are to Seize all such and put them on Board the Minerva, Ship, or Brigantine Elizabeth. " Given under my hand at Head Quarters,
" Boston, this tenth Day of March, 1776. " W. HOWE,' " Com" Chf.
"TO CREAN BRUSH, Esquire."
The following is a copy of the proclamation of General Howe, which, in the form of a handbill, was posted in the town of Boston :-
" By His Excellency
" WILLIAM HOWE, " Major General, &c. &c. &c.
" As Linnen and Woolen Goods are Articles much wanted by the Rebels, and would aid and assist them in their Rebellion, the Commander-in-Chief expects that all good Subjects will use their utmost Endeavors to have all such Articles convey'd from this Place: Any who have not Opportunity to convey their Goods under their own Care, may deliver them on Board the Minerva at Hub- bard's Wharf, to Crean Brush, Esq. ; mark'd with their Names, who will give a Certificate of the Delivery, and will oblige himself to return them to the Owners, all unavoidable Accidents excepted.
" If after this Notice any Person secretes or Keeps in his Possession such Arti- cles, he will be treated as a Favourer of Rebels.
"Boston, March 10th, 1776."
MSS. in office Sec. State Mass. Frothingham's Siege of Boston, pp. 306, 307.
* Some idea of the manner in which the plundering of the town of Boston was conducted, may be gained by a perusal of the annexed inventory, drawn by James Jackson, " of sundry packages taken by Crean Brush out of Mr. Cyrus Baldwin's store, March 10, 1776."
"7 Trunks, 9 Boxes, 9 Casks, 1 Counter, 11 Bales, 1 Bag Pepper, 1 Bag All- spice, 1 Cask Indigo, 3 Quires small and 1 Quire large Press papers, Sundry Loose Ones, 1 Black Walnut Desk, 1 Writing Desk, 1 Pewter Dish, 1 Small organ in the chamber, 4 Chairs, 1 Pewter Dish."
616
HISTORY OF EASTERN VERMONT.
minate robbery, and everything portable on which he could lay his hands, if of value, was tumbled with the utmost confu- sion into the hold of the brigantine Elizabeth. On the next day le renewed his depredations with vigor. "Shops were stripped by him of all their goods, though the owners were in town." Dwelling houses were plundered of their contents, and what could not be carried off was destroyed. Mr. Brush after- wards bore witness to his activity in these words :- " I solemnly aver, that from the 5th to the 13th of March, my own assiduity was so great that I did not in any one night allow myself more than two hours sleep." For four days, commencing on the day on which the last proclamation was dated, the destruction of private property in Boston was immense. Those engaged in these scenes cared but little for the order which declared that the soldiers who should be " caught plundering" should be "hanged on the spot," and were not hindered in their lawless work by the rain which fell during the greater part of the time .*
On the 12th of March, John Hill, one of Mr. Brush's assist- ants, wrote to Brigadier-General Robertson for assistance. He stated that his employer and others had laded the Elizabeth with " a valuable cargo of rebels' goods ;" that one Captain Wheaton had assumed the command, but was incapable of fulfil- ling his trust ; that he had crowded her with twenty passengers, " besides seven negroes," among whom there was not one per- son who could superintend her navigation; that there were neither provisions nor water on board; that the passengers were in confusion, and the cargo in chaos. He further de- clared that should the vessel put to sea in her present state, she would undoubtedly be lost, and begged in behalf of Mr. Brush, that she might be provided with a fit master, and four compe- tent seamen, and that all " superfluous persons" might be re- moved from her. On the same day, William and James Jack- son proceeded to Brigadier-General Robertson's quarters, for the purpose of obtaining from Mr. Brush through him, a receipt for the goods of Baldwin. Samuel Austin and John Scollay, two of the selectmen of Boston, and Captains Partridge and Dashwood were already there, endeavoring to obtain informa- tion concerning their property. Mr. Brush produced manifests of the goods of these gentlemen, and even furnished them with receipts, but of the effects of Baldwin he could give no account.
Gordon's Hist. of the War, ii. 42-44. Frothingham's Siege of Boston, pp. 307, 308.
617
OUTRAGES BY THE BRITISH.
Some conversation then ensued relative to Mr. Brush's conduct, when Robertson, in order probably to put an end to the com- plaints which had arisen on account of the recklessness with which Mr. Brush had conducted the seizure of the "rebels'" goods, gave orders that the Elizabeth should fall down the har- bor. It had been expected that Boston would be evacuated on the 15th, but owing to an easterly breeze which rendered exit from the harbor unsafe, the departure of the troops was de- layed. The next day was spent by the soldiers in " defacing furniture, damaging goods, and breaking open stores." On Sunday, March the 17th, the embarkation commenced at an early hour, and before night the fleet was harbored in Nantas- ket Road. Mr. Brush left in the Elizabeth, and was accompa- nied by William Jackson, who had determined to remain with his property, to protect it, if he should be able.
The situation of the Elizabeth was unpromising in the ex- treme. The packages which had been thrown in indiscrimi- nately were broken open, and the goods were lying loose in the hold from one end of the vessel to the other. Wheaton, the temporary captain, and Mr. Brush were continually differing, each pretending to the command, and no care had been taken to lay in a store of provisions. As soon as General Howe arrived at Nantasket, Jackson, who was still there, wrote to him, informing him of the service he, as " a subject," had done "in the detection and discovery of persons concerned in fraudu- lently taking away the property of divers merchants," and asked to be appointed to take the charge of the cargo on board the Elizabeth, then "under the care of Mr. Brush." By the advice of Major Sheriff, Jackson repaired to the ship of Admi- ral Shuldham in King Road, on board of which General Howe had his head-quarters. He was there met by Captain Balfour, Howe's aid-de-camp, who begged him to return to the brigan- tine, and promised that he would soon follow. Not long after, Brigadier-General Robertson and Major Grant, the commandant of the 55th regiment, visited the Elizabeth, with a party of men, in place of Balfour. To them Jackson made known the situation of affairs, and informed them that the goods of several persons which had been taken, were not to be found on the brigantine. By their aid a search was instituted, and the lost property, among which was that of Mr. Baldwin, was discovered "on board a ship called the Peggy." Jackson thereupon agreed to attend to the preservation of the cargo of the Elizabeth, and a couple
618
HISTORY OF EASTERN VERMONT.
of men were sent to assist him in its stowage. Large quantities of goods were afterwards removed from the Peggy to the Eliza- beth, but the property which was hidden under the wheat and flour, which formed a part of the cargo of the former vessel, was not then discovered.
On Thursday, the 21st of March, Admiral Shuldham of the British fleet, ordered Peter Ramsay, a midshipman on the Chatham, to take the captaincy of the Elizabeth. With him were sent sailors, together with a sergeant and twelve privates of the 4th, or King's Own Regiment, that the vessel might be both navigated and defended. For a few days following, the crew were busily engaged in taking in provisions, and in making the necessary preparations for the voyage. Ar- rangements having been completed, and a number of women and children having been taken on board as passengers, the Elizabeth set sail for Halifax, Nova Scotia, between the hours of three and four, on the afternoon of Friday, the 29th of March, under convoy of the British ship-of-war the Niger. On Tuesday, the 2d of April, Commodore John Manly in the Han- cock, coming up with the brigantine, which had in the mean time parted from her convoy, fired a broadside at her. This was returned by a volley of small arms from the sergeant's party on board the Elizabeth. At this juncture Capt. Daniel Waters in the Lee, and Capt. John Ayres in the Lynch, joined the Commodore. Escape was now impossible. Between the hours of four and five in the afternoon the Elizabeth struck her colors. Captain Ramsay and all on board were made prison- ers, and the brigantine was floated into Piscataqua river in New Hampshire.
The most important prisoners were on Thursday, the 11th of April, brought before the Council of Massachusetts, then in ses- sion at Watertown, and examined. Mr. Brush did not deny the charges which were adduced against him, and even acknow- ledged that he took some articles which were not "woollens or linens ;" but " this," said he, " was owing to the owners them- selves, who would not inform me which packages contained them." The statements made by Captain Ramsay were strictly true. William Jackson declared that he had taken passage in the Elizabeth in order to protect his own and Mr. Baldwin's property, and that he had never been acquainted with Mr. Brush till he met him at General Howe's quarters. Another prisoner, one Edward Keighley, stated that he was a passenger
619
ARREST OF BRUSH AND OTHERS.
in the Elizabeth when she was taken, and that he had on board of her a quantity of goods, which it was his design to carry to Halifax and "make the best of." He also asserted that there were five persons on the Elizabeth who had been imprisoned on account of the share they had taken in plundering the town of Boston, and in secreting the booty in the hold of the Peggy.
On the day following this examination, the "major part of the Council" directed the keeper of the jail at Boston to take into his custody, Crean Brush, William Jackson, Peter Ramsay, Edward Keighley, and Richard Newton, " lately taken in their flight from Boston, in attempting to carry away from thence, under the protection of the British fleet, large quantities of goods, wares, and merchandizes, the rightful property of the inhabitants" of the town of Boston. The first three prisoners were ordered to be placed "each in an apartment by himself ;" were denied the use of pen, ink, and paper, and candles ; and were not permitted to converse with any person unless in the presence of the jailer. Mr. Brush was not only subjected to these restrictions, but was also handcuffed. Among the papers of Brush was found an unfinished letter, which was published in Edes's Boston Gazette a few days after its author had been imprisoned, in order, as was stated by the editor in his prefatory remarks, " that the good people of these colonies may see the unwearied attempts of our implacable enemies to enslave them."*
* This letter was without date or address, and was in these words :-
" SIR : The movement of the troops from Boston to Canada is the only measure which assures success in the reduction of America to due obedience, which, I trust, sir, you will remember to have been an observation of mine to you in Feb- ruary, 1765. From the frontiers of that Province, the troops can, with great facility, possess the interior fertile country, which forms the great object of Rebel resources, and, by throwing the disaffected inhabitants in crowds upon an already exhausted and almost barren sea-coast, and keeping them confined there, they must be reduced by famine without a blow, provided a proper fleet is stationed on the coast of the Atlantick, to harass them on that quarter, and prevent foreign succours. The rivers, lakes, and streams, connected with, and contiguous to, the River St. Lawrence, must be the channels through which this desirable object is to be accomplished-the River Kennebeck, whose source is near that of the River Chaudiere, emptying into the St. Lawrence River, a few miles above Quebeck ; the Sago River, which separates the Province of New Hampshire from the Pro- vince of Maine; the River Merrimack, rising about latitude 43º; the River Con- necticut, whose source is in about latitude 46°, near the Lake De St. François, in the River St. Lawrence ; Hudson's, Susquehannah, Delaware, and Ohio Rivers, with the lakes forming these rivers and streams issuing into them. For on the banks of these lakes, rivers, and streams, are the fertile lands ; and the whole set- tlements in the interior parts are chiefly formed on them. You will be pleased, sir, to excuse the liberty I have already taken, and indulge me until I lay before
620
HISTORY OF EASTERN VERMONT.
A memorial was also found among his papers, addressed to Brigadier-General James Robertson. In this, he gave a partial account of his doings in Boston, and blamed those of the rebels who had found fault with his ruffianism. Referring to these unreasonable grumblers, he said :- " Your memorialist begs leave to assure your Honor, that he is fully able to prove that his conduct towards them was governed with politeness and moderation. True it is, that when attempts were made to en- gage his attention in tedious dissertations on Magna Charta and the rights of British subjects, with intent to retard him in the execution of his office, he did interrupt such harangues, and with an irony which inflamed their resentment, complimented them on their eloquence, which had in town meetings been so successful as to throw all America into confusion." But he further asserted that remarks like these were always accompa- nied by the declaration, that he " was upon business" which he was " determined to execute without interruption." In another memorial intended for General Howe, which seemed to be a companion-piece to the above, he employed a similar style in his remarks. In one instance only did he turn aside from the justification of his own acts, in order to commend to favor the four men and their families, who "neglected their own concerns to serve government," when he procured their assistance in breaking open the shops of Boston.
you the method I would pursue in taking possession of any capital river; which, if it furnishes a hint which may facilitate the operations on any others, I should esteem myself very happy. The plan I would lay down relates only to the River Connecticut-an object of the greatest consequence, as it forms the granary of Massachusetts Bay and Connecticut. And I request you may believe, that what I advance is not founded on mere speculative knowledge, founded on maps, but from the actual experience of many years traversing that river, from its mouth to latitude 45°, where I had an opportunity of thoroughly inspecting its falls. On supposition, therefore, that the body of Regulars on this expedition consists of one thousand five hundred men, the like number of Canadians, and one hundred Indi- ans, with arms and ammunition, and six small field-pieces, the whole to proceed together from Quebeck to Lake De St. François, with about one hundred and fifty horses, or more, if possible, and birch canoes sufficient to carry such provisions and light baggage as may be necessary : the distance from the Lake De St. Fran- çois to the source of Connecticut River may be about six days' march ; and in this the whole difficulty consists. However, the Canadians, who are good axe- men, covered by an advanced party and Indian guides, might cut out such fallen timber as may lay across the path, and fill up such gulleys with logs and earth as would otherwise obstruct the march of the artillery. Immediately on enter- ing the settled townships on Connecticut River, a printed paper, to the purport or effect following, might be distributed."-Edes's Boston Gazette, April 15, 1776.
621
DISCHARGE AND RE-ARREST OF JOHN HILL.
One of these four men, John Hill, had been taken when the Elizabeth was captured. On his examination, as no evidence was adduced against him, he was dismissed. It was afterwards ascertained, in the words of the Council of Massachusetts, that when he was first made prisoner, he had on board the brigan- tine, in his possession, " chests, trunks, and packages of goods and merchandize, to the value of £300 sterling, supposed to have been stolen from the distressed inhabitants of the town of Boston ;" and that he had been "an assistant to Crean Brush in his late unwarrantable and high-handed thefts and robbe- ries." For these reasons, the Council, on the 25th of April, issued an order for his re-arrest. Having been taken at Mar- blehead, he was sent by the committee of correspondence of that town to Boston. On the 30th of April, he was again brought before the Council, and, having been examined by Benjamin Chadbourn, Mr. Cushing, and Mr. Sullivan, he was sent to "Boston Jail," there to be confined as a prisoner until he should appear before the seven justices of the peace of the county of Suffolk, " appointed to try associators and abettors of the ministerial army." After remaining in prison for a month, Hill, on the 4th of June, petitioned for his release, alleging as reasons the dying condition of his wife, and the starving state of his mother and daughter. His request was probably granted, for it is well known that cruelty was not a characteristic of the conduct of the Americans in the war of the revolution.
In a letter to the Council of Massachusetts, dated the 10th of June, William Jackson, another of the prisoners, asserted that he had not been "in any shape concerned with Brush," and agreed to prove his words by an appeal to that individual. In consequence of this letter, Jackson was again brought before the Council, on the 13th, and was re-examined. At the close of the interview, he drew up a detailed account of the part he had taken in the scenes which had been lately enacted in Boston, in which he represented himself as a succorer of those who had suffered by the vindictiveness of Mr. Brush. In proof of his innocence, he presented six certificates from Bos- ton gentlemen. Two of these were signed by John Scollay and Samuel Austin. On the 13th of July following, he was still in jail, subject to the restrictions which had been placed upon him three months previous. When the subject of the capture of the Elizabeth was discussed in Congress, a few
622
HISTORY OF EASTERN VERMONT.
months later, the conduct of William Jackson and of his brother James was spoken of without reprobation, and in such a manner as would lead to the conclusion that the former was not at that time in confinement.
The cargo of the Elizabeth, though varied in its character, was very valuable. Its worth was stated by William Jackson at £20,000 sterling, and the Boston newspapers raised these figures to £35,000 sterling. Regarding the vessel and its lading as a lawful prize, the captors expected their full quota of the net proceeds. On the other hand, the owners of the brigantine and her cargo laid claim to their respective property. Joshua Wentworth, of Portsmouth, New Hampshire, appeared in behalf of the captors, and John Lowell, of Newburyport, Mas- sachusetts, for the claimants. The latter gentleman obtained from the office of the secretary of Massachusetts, the papers which had been taken from Brush, in order that he might prove by them the ownership of the vessel and cargo. Samuel Austin, John Rowe, Capt. S. Partridge, Capt. Samuel Dash- wood, and John Scollay, the merchants whose stores had been most thoroughly plundered, presented a petition to Congress on the 21st of May, desiring that particular attention might be given to their situation. Wentworth, meantime, fully aware of the peculiar difficulties of the case he had undertaken, wrote to Stephen Moylan for advice. On the 21st of August, Went- worth, in behalf " as well of the United States of America, as of John Manly, Daniel Waters, and John Ayres, commanders ; and the officers, marines, and mariners, of the three armed ves- sels, Hancock, Lee, and Lynch," exhibited a libel before Joshua Brackett, judge of the court maritime of New Hampshire, " against the brigantine Elizabeth, commanded by Peter Ram- say ; and her cargo; and Richard Hart, of Portsmouth, in New Hampshire, owner of the said brigantine ; and William Jackson and others, of Boston, in the state of Massachusetts- Bay, owners of sundry goods and merchandize on board of her." The merits of the case having been set forth by counsel, the judge decided that the brigantine and so much of her cargo as was claimed, should be restored to the respec- tive claimants, and that the claimants should recover their legal costs of court.
From this sentence, Wentworth appealed to Congress. His appeal was read on the 12th of September, and on the 30th of the same month, the Boston sufferers petitioned Congress to
623
CONFINED IN BOSTON JAIL.
hear and determine the appeal. The subject was committed to the consideration of Robert Treat Paine, Samuel Huntington, Thomas Stone, George Wythe, and Richard Smith, with full powers to hear and determine. On the 14th of October, they gave in their report to Congress, which was agreed to. By it, they declared that the Elizabeth, "not being an armed or a transport vessel employed in the present war against the United States, nor carrying provisions, or other necessaries, to the British army or navy, within any of the United colonies," could not be forfeited. But they further decided, that the owners of the brigantine and cargo-who, probably, "would have lost their whole property," had not Manly and his colleagues inter- fered-ought to make a reasonable satisfaction to the re-captors. On these grounds, the sentence of the court was found errone- ous, and was ordered to be "reversed and annulled." In place of it, the court maritime was directed to restore the Elizabeth and such parts of her cargo as had been previously claimed, to the respective claimants, upon their paying to the United States and the re-captors, one twelfth part of the value claimed. As to the rest of the cargo, it was decided that it should be sold, and that the proceeds, " after deducting the like propor- tion and for the same uses," should be retained for the persons who should hereafter prove their right to the same. Liberty was also given to the appellants, to recover against the claim- ants, their costs as well in the court maritime as in the prosecu- tion of their appeal at Philadelphia ; and in this shape the cause was sent back, that the sentence of Congress might be carried into execution. By a resolution which followed the adoption of this report, Congress, as an act of charity, released that part of the twelfth, which, in lieu of salvage, had been adjudged to the United States, and restored it to the owners of the goods with which the Elizabeth had been freighted .*
·
Meantime Brush remained a close prisoner in the jail at Boston. His habits, it is stated, were not at this period of the most temperate nature, and there is a tradition that he would often beguile his leisure hours by an undue indulgence in strong liquors. In the month of January, 1777, his wife ar- rived at Boston, and there remained during the rest of that
* MS. Revolution Council Papers, in office Sec. State Mass., 1775, 1776, i. 316, 341 ; 1776, ii. 53, 54, 78-95. American Archives, Fourth Series, vol. v. cols. 177, 934, 1068, 1294, 1299, 1701 ; vol. vi. col. 681. Connecticut Courant, April 29th, 1776. Journals Am. Congress, i. 349, 471, 502, 507, 515 -- 517.
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