USA > Vermont > Windham County > Guilford > Official history of Guilford, Vermont, 1678-1961. With genealogies and biographical sketches > Part 5
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"We further represent that a considerable number of the people in this county, who are so warmly engaged in setting up their new state, have but little, or not any property which they can claim under any grant whatever; and we really believe that the leaders of the people who are for the new state in this county, are pursuing that which they esteem their private interest, and prefer that to the publick weal of America, and that they are determined to support the authority of their new state at all events; and we really believe that without the interposition of the Honourable Continental Congress they will never submit to the authority of the State of New York until compelled so to do by the sword.
"And we do hereby solemnly declare that we entirely disapprove of the proceedings of the late convention at Windsor, and of all per- sons whatever acting under authority of said convention, and that we will, at all times, do our best endeavour to support the legal authority of the state of New York in the county."
The above Report was adopted by the committee and sent to the New York Council of Safety, to which it was presented by Col. Eleazer Patterson on the 15th of July, 1777. The records do not show that any action was ever had thereon.
On the 2d of July the convention of the new state of Vermont as-
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sembled at Windsor. After a draft of the constitution had been read news was received to the effect that Ticonderoga had been evacuated by the Americans and that the frontier of the state was exposed to the ravages of the enemy. The meeting was well-nigh stampeded, and would undoubtedly have adjourned without further action, that the members might return at once to the defense of their homes, but a tremendous thunderstorm arose, preventing their immediate depar- ture, whereupon they proceeded to the adoption of the Constitution, which was read, paragraph by paragraph, and adopted amid the al- most incessant and blinding flashes of lightning, accompanied by the deafening reverberations of Heaven's artillery. After the ap- pointment of a committee of safety to act during the recess, the con- vention adjourned, not, however, until having reiterated their right to the county jail at Westminster, and issuing orders to a sergeant and six men to guard it both night and day, with instructions to permit no one to advance within six feet of the gratings, or to approach the jail door.
Congress was besought for an expression of opinion regarding the conflicting claims. The Vermonters found much difficulty in gaining that recognition from Congress which they so much desired, and until that end should be achieved they stood in the position of rebels, mu- tineers, secessionists, subjects of New York who renounced their alle- giance to and defied the government of that state, which, on the 13th of August ordered all counties in the state, those in the New Hamp- shire Grants included, to make returns of the present state of their militia, and also to furnish their quota of men to join the northern army, to which no attention was paid by the Vermont counties. Not- withstanding this state of things, a few weeks later, when it became known that the northern Vermont counties were suffering from want of salt, the matter was referred to the New York Legislature, and means were taken to supply them with this commodity, so necessary to health and life.
Guilford, July 3d, 1777.
This day Lieut. Josiah Allen, Capt. Daniel Wilkins, Hezekiah Stowell and Joseph Elliot was sworn as Committee men for this town, Before me,
Elijah Welch, Town Clerk.
The Claim of Massachusetts: Having been successful in obtaining three hundred firearms, one hundred and fifty pounds of powder, three hundred pounds of lead and four hundred and fifty flints from the Board of War of Massachusetts, by order of the Council of that Commonwealth, Charles Phelps of Marlboro, one of the ablest and
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most aggressive local characters of this period, and an active opponent of the establishment of the new state of Vermont, now turned his attention to the accomplishment of a bold project, which, had it re- sulted in accordance with his plans would have rendered the condi- tion of the inhabitants of Cumberland County far more precarious than it had hitherto been. On the 27th of October, 1777, he presented a memorial to the Council of Massachusetts "in behalf of the sacred Rights" of that state, and for the purpose of securing to her the control and disposal of fifty townships situated in the southeastern part of Vermont, including Guilford and all else in that locality.
In defence of his position he asserted that Massachusetts had pur- chased of the Indians the territory in question, which has been after- ward laid out into townships, and had taken of them the necessary deeds and conveyances signed and sealed by their chiefs and sachems; That these transactions had taken place when Belcher was governor of Massachusetts; that the necessary agreements had been entered into at Fort Dummer; that the papers drawn on the occasion had been placed in the Provincial Court House at Boston, and had been de- stroyed when that building, with its contents, was burned on the 9th of December, 1747. He denounced as unjust the conduct of Great Britain in assigning to New York lands which belonged to Massachu- setts, and did not scruple to blame New York, the state from which he had received so many favors, and to which he owed and had hitherto acknowledged and professed allegiance, for endeavoring to retain ter- ritory which had been claimed for Massachusetts by the "rightful, just, and most solemn resolves" of her General Court.
Inasmuch as manuscript evidence was out of the question, Phelps proposed that Col. Israel Williams, of Hatfield, the only surviving witness to the transactions referred to, should be requested to make affidavit to such facts as he might remember bearing upon the case un- der consideration, and that Massachusetts should purchase of John Moffatt, of Boston, the journals and records of that colony then in his possession. In answer to this memorial, the Council, on the 29th of October, voted to take the deposition of Col. Williams, to be used as evidence of the treatry consummated at Fort Dummer between the years 1725 and 1730, the proofs of which had been afterwards destroyed. Two years later the General Court declared that the State of Massa- chusetts had a "clear and indisputable right" to the southern part of Vermont, but when, in the year 1780, the subject was brought before Congress, the General Court decded the claim was "an infringement on the rights of Vermont", and refused to prosecute it further.
Fifteen or more Guilford men enlisted in Captain Josiah Boyden's Fulham (Dummerston) Company, in Col. William Williams' Regiment of Militia, on an expedition to Bennington, etc., in 1777.
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Enlistment was on September 24th, and the men served about twenty four days each.
The Guilford men, so far as known, who served in this company, are as follows: Shubel Bullock, Caleb Cole, Joel Cutler, Cyril Car- penter, Asaph Carpenter, David Davis, Newhall Earl, William Hoit, James King, Samuel Nichols, Jr., Asa Stowell, Seth Smith, Murdock Smith, Isaac Weld, Ephraim Whitney.
A meeting was called according to the directions of the Windsor Convention, but Guilford refused to act and was not represented in the first Vermont Assembly.
The General Assembly convened at Windsor for the first time on March 12, 1777, and elected the necessary state officers. The state as- sumed the position of a new and independent nation, thrown upon its own resources, under no obligation to join the Union of States, and entirely free, provided the claims of New York were disposed of.
At a general Convention, called by the Vermont Council of Safety and held at Windsor on December 24, 1777, the constitution was re- vised and means taken to set the machinery of the state in full opera- tion. The several towns were directed to call meetings on the 3d of March, following, for the election of representatives to the General Assembly of the State of Vermont, to be held at Windsor. At this con- vention Col. Benjamin Carpenter of Guilford was appointed as a member of the Council of Safety to fill a vacancy caused by the re- moval of Benjamin Spencer of Clarendon, who was reported to have "joined the enemy."
The first Guilford town meeting in 1778 was held on January 28, when the following business was transacted:
1st. Chose Daniel Wilkins, Moderator.
2nd. Made choice of the following men to Squadron out the Town into School Divisions, viz; Deacon Thomas Cutler; Hezekiah Stowell, John Noyes, Daniel Knight, and Major John Shepard- son.
The meeting dissolved. Attest, Elijah Welch, Town Clerk.
Monday, April 6th, 1778.
Then the inhabitants of Guilford according to adjournment.
1 ly, made choice of Thomas Cutler, Moderator.
2 ly, made choice of Thomas Cutler, Town Clerk.
3 ly, made choice of Thomas Cutler, Ichabod Packer, Peter Briggs, David Dennison and Mr. Fitch, Committeemen.
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4 ly, Made choice of Henry Evans and Daniel Boyden Constables for the present year.
5 ly, Made choice of Joseph Elliot, Treasurer.
6 ly, Made choice of Henry Sherburne, Simeon Edwards and Joseph Elliot.
7 ly, Made choice of David Dennison, Nathan Walsworth, Samuel Bixby, Hezekiah Stowell and Micah Rice Committee for laying out Roads.
9 ly, Made choice of Nathan Fitch, David Dennison, Amos Smith, Benjamin Martin, Joseph Elliot, John Barney, Jr., Hezekiah Stowell, William Ramsdale, Daniel Lynde, Jr., and Lovell Bul- lock (Committee of Safety).
10 ly, Voted that Sheep and Hogs should not run at large.
11 ly, Voted that Horses shall not run on the commons.
12 ly, Made choice of Edmond Bemis and David Pullen hog reeves.
13 ly, Fence Viewers, Timothy Larabee, Silas Rice, and Jesse Dimick.
14 ly, Voted to adjourn to the first Monday of March, next, at nine o'clock forenoon at the meeting house.
Thomas Cutler, Town Clerk
Fourteen Years of Strife: The period of fourteen years extending from the Declaration of Independence of Vermont in 1777 to the time of its admission into the federal union in 1791 was marked by much uncertainty and many troubles, more or less serious. The territory of Vermont had been a component part of the Colony of New York, and when the several colonies in 1776 declared their independence of Great Britain, and for mutual protection and the advantage of the whole united in the federal union, each retained its individuality, and re- leased no rights to its territory. New York refused to recognize the state of Vermont, never having agreed to its separation from New York, to which it had rightfully belonged. At the convention which declared the independence of Vermont, Congress had been petitioned to acknowledge the independence of the state, and to admit its dele- gates to seats in that body. But Congress had not seen fit to do this, and did not admit Vermont for fourteen years. The uncertain status of the new state, considering the claims of New York and the attitude of Congress, resulted in much differences of opinion between the partisans of Vermont and those who believed, and surely had logical reason for believing, that they were still citizens of New York. These differences were especially noticeable in the southeastern portions of the state, in several towns of which, and particularly in the town of Guilford, the adherents to New York were in the majority.
It should be noted that the inhabitants of Guilford were not To- ries, or sympathizers with the king in the revolutionary struggle, but
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were most patriotic and loyal in their support of the colonial cause in the war for independence.
For a few years following 1777 there was little friction between the factions, all uniting in the town meetings and conducting the public affairs in harmony and to those ends most conducive to the general welfare.
Notwithstanding their enmity to the new state of Vermont the supporters of the jurisdiction of New York who resided in Guilford and other neighboring towns were pure-minded, patriotic Americans, and exceedingly active in their opposition to British rule, and vigilant in their scrutiny of operations which indicated any Tory machina- tions. As an illustration of this it is related that on the 3d of May, 1778, the granary of Lieut. Samuel Stratton, in Hinsdale (Vernon), was broken open during the night, and a quantity of powder and lead belonging to that town, and which had been stored there, was stolen. The patriots of the vicinity were much disturbed at this demonstration of the close proximity of enemies.
Guards were placed, and measures taken to obtain information concerning the theft. A scouting party, passing near the granary on the evening of the 5th, secured a man whom they had found asleep at the foot of a haystack. On examination he proved to be a Tory, Jonathan Wright, one "inimical to the American cause." Elijah El- mer, an accomplice of Wright, was taken at the same time, but he escaped.
The town committee of safety was at once assembled, and the Guilford committee also sent for and responded by sending three of its members, Capt. Hezekiah Stowell, Joseph Elliot and Henry Sher- burne, to confer with their patriotic neighbors, Col. Eleazer Patterson, Capt. Joseph Stebbins, Capt. Orlando Bridgman, Moses Howe and Gad Wait. All of these men were sympathizers with and supporters of the government of New York. They assembled at Hinsdale (Vernon), on the 7th. Patterson was chosen chairman and Sherburne clerk, and the associated committees then proceeded to investigate the matter of the robbery. Wright refused to answer the questions of the committee. Ruth, a daughter of Lieut. Samuel Stratton, owner of the granary, had suspicions that the prisoner had been lurking about her father's place. Lieutenant Stratton, in whose charge the powder and lead had been deposited, could give no information beyond the fact that the ammunition had been stolen. An attempt to implicate him in the robbery was unsuccessful.
When the committee assembled on the morning of the 8th Wright asked permission to "turn State's evidence", or disclose what he knew concerning the matter in exchange for immunity from punishment which might be inflicted upon him personally. This privilege was
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granted him on condition that he prove his statements to the satis- faction of the committee. He then told the committee that in com- pany with Elijah Elmer, who was taken and escaped, he had broken open the granary, taken the powder and lead, carried them across the Connecticut River and hidden them in the bushes. He also informed the committee that John Stratton, son of the Lieutenant, had assisted in planning the robbery, and had so arranged the granary and its con- tents that the powder and lead could be easily reached and removed.
John Stratton had already been before the committee, and exam- ined, under oath, and had declared that he knew nothing of the affair.
He was now re-called and admitted the truth of Wright's state- ments, begged "mercy of God", as well as of the committee. As Wright had escaped punishment by his confession, Stratton was the only avail- able culprit upon whom to wreak the vengeance of the exasperated committee, who had expended so much time and pains in unraveling the mystery, and so that others might be deterred from engaging in such unbecoming and treasonable occupations the committee ad- judged that Stratton should pay all the charges which had been in- curred by reason of the theft; that he should restore four-fold to the town of Hinsdale; that he pay a fine of £100 to New York; that he be disarmed, and confined to the limits of his father's farm for the space of one year, provided that his father give a bond for £1000 to be for- feited in case the son should go beyond the prescribed limits. He had permission to attend public worship on Sundays, to attend funerals, and to leave the farm on permit, or pass, from the town committee of safety.
Even this drastic sentence was thought by many of the citizens to be too lenient, and threats were made of sending the committee to Albany to be tried by the Supreme Court, and Stratton to be tried by a Court Martial. In a letter to Governor Clinton reviewing the situation the committee suggested that this procedure would be likely to prove "troublesome to the committee and fatal to Stratton."
In the month of August, 1778, an attempt was made by the New York authorities, to ascertain whether public sentiment in southern Vermont was in favor of New York or Vermont, with the result that in the twelve towns examined, including Guilford, Hinsdale, Brattle- borough, Halifax, Marlboro, Draper (Wilmington), Fulham (Dum- merston), Newfane, Putney, Westminster, Springfield and Weathers- field, four hundred and eighty voters supported New York, three hundred and twenty supported Vermont, and one hundred and eighty- five had no preference. And on the 4th of May following, the commit- tees of those towns convened at Brattleborough and addressed a petition to Governor Clinton praying for protection for themselves and their property and estates. On May 5th Col. Patterson of Hinsdale (Vernon),
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wrote the New York governor reciting the troubles and distressing con- ditions existing in southeastern Vermont, including a statement to the effect that "in Guilford a sum of money was assessed upon those who were supposed to have done least in the war. The Persons who were to collect it were, upon Trial, frightened from it by those who oppose Vermont."
Also stating that there were near 500 men under his command, but poorly armed and provided with ammunition, he announced his determination of resigning his commission and retiring from the pub- lic service unless the Legislature of New York should give the desired aid.
Governor Clinton replied advising firmness and prudence, and waiting for the decision of Congress relative to the dispute but that body seemed reluctant to interpose.
Westminster Trial: In May, 1779, writs were issued for the arrest of forty-four persons including the officers in Brattleborough, Putney and Westminster who had received commissions from New York and were charged with conduct hostile to the state of Vermont. Thirty six of these were confined in the jail at Westminster, all in one room, too crowded to lie down, the heat making conditions insufferable. The next day they were given more comfortable quarters. For the protec- tion of the sheriff in the execution of his office, Governor Chittenden ordered Col. Ethan Allen to engage "one hundred able-bodied, effec- tive men, as volunteers, in the county of Bennington and march them into the county of Cumberland," there to remain during the sitting of the court. Further orders for men were also issued to Col. Joseph Marsh and Col. Samuel Fletcher, and during the week of the trial a force varying from two hundred to three hundred and fifty were under arms at Westminster.
It is related of Allen at this time that "Armed with authority from the Governor, Ethan Allen, at the head of one hundred Green Moun- tain Boys, boasted of the force which he represented as five times greater than it really was. In his intercourse with the Yorkers he abused them in the most insulting terms. Not only with his tongue, but his sword, also, he assailed those who differed from him in opinion. To such a pitch of rage were the Yorkers incensed by his conduct that only the reluctance to shedding human blood deterred them from resisting his tyranny, and releasing the prisoners who were guarded by his men." At this crisis a meeting of the county committee, composed of New York adherents, was held at Brattleborough on the 25th of May, and an account of the proceedings at Westminster was sent by express rider to Governor Clinton, who was told that unless aid is rendered "our per- sons and property must be at the disposal of Ethan Allen, which is more to be dreaded than death and all its terrors."
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At an adjourned session of the superior court, held at Westminster on the 26th of May, 1779, Moses Robinson of Bennington, presided as chief judge, assisted by John Shepardson of Guilford, John Fassett, Jr., of Arlington, Thomas Chandler, Jr. of Chester, and Capt. John Throop, of Pomfret, side judges. To guard against interruption during the session the Vermonters seized the public stock of gunpowder, amount- ing to one hundred pounds, which had been provided by the state of New York, and placed twenty five pounds of it in the hands of their friends.
The prisoners above referred to were then marched, under a strong guard, to the court room in the second story. The complaint against them charged that on the 28th of April previous, at Putney, they were assembled in a riotous and unlawful manner, and at that time made an assault upon one William McWain, a lawful officer in the execution of a lawful command, and rescued out of his hands and possession two cows, which he had taken by legal measures.
The prisoners, including Micah Townsend, of Brattleboro, peti- tioned the judges of the court, asking for delay that they might secure further legal assistance, but the only effect was the assignment of Stephen Row Bradley, the clerk of the court, as counsel for the de- linquents. The next morning three of the respondents were discharged for lack of evidence. Three more were discharged upon the grounds that they were minors. The court was about to proceed when Ethan Allen, who had learned that court was releasing some of the prisoners, without waiting to learn the reason, burst into the courtroom "breathless with haste, in his military dress, with a large cocked hat on his head, and a sword of fabulous dimensions swinging by his side," to teach the court their duty, but was required to remove his hat and sword before he was permitted to address the court, which he then did in his characteristic manner, after which the trial proceeded. The delinquents were found guilty and fined from 2f to 40£ each, and the costs of the proceedings.
On the 23d of July, 1779, the committees of Hinsdale, Guilford, Halifax, Brattleborough, Fulham, Putney, Westminster, Rockingham, Springfield and Weathersfield assembled in convention at the house of Col. Sergeants, in Brattleboro, for the purpose of adopting measures to protect themselves and their constituents from the indignities to which they were subjected by the authorities of Vermont. A petition was prepared, addressed to "the Honorable, the Congress of the United States of America," reviewing the disputed matters. Before presenting the petition to Congress it was decided to submit it to the New York Legislature, and obtain their views concerning its sentiments and propositions. The House approved of the action, and voted to pay the expenses of Charles Phelps, Esq., who was appointed by the
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petitioners, to take the petition to Congress. The Senate, also ap- proved the action of the House, and Phelps went on to Philadelphia, where he exerted every reasonable endeavor in the cause of his constituents.
Among other grievances recited in this petition were the allega- tions that the officers of the Insurgents (the Vermont party), had declared in the most publick manner the determination of their government to enforce submission by arms until Congress should otherwise direct, the aforesaid officers being then at the head of two hundred armed men. That beside this their "pretended legislature" in June last passed an act declaring that if any Person within this pre- tended State, shall, after the first day of September next, accept, hold or exercise any office, civil or military, other than shall be derived from the said pretended State, he shall for the first offense pay a fine not exceeding one hundred pounds, lawful money; for the second offense shall be whipped on the naked Back, not exceeding forty stripes, at the discretion of the Court; and for the third offense shall have his right ear nailed to a Post and cut off, and be branded in the forehead with a Capital Letter C, on a hot iron.
Early in the following year punishment was inflicted by Guilford officers, acting under the authority of New York, upon a Vermont sympathizer, in open defiance of the Act of the Vermont Legislature, and for the purpose, no doubt, of acquainting the Vermonters with the virtue of their own medicine.
A few weeks prior to this Convention an adjourned town meeting was held, of which the following record is preserved:
Tuesday, May ye 18, 1779.
Hezekiah Stowell Treasurer; Lovell Bullock, Timothy Rute (Root) and Henry Sherburne chosen Committee to Defend said Town against the Pretended State of Vermont.
The Vermont legislature, at its session held at Windsor June 2, 1779, passed an act referred to in the Yorkers' petition entitled "An Act to Prevent Persons from exercising Authority unless lawfully authorized by this State."
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