USA > Vermont > Windham County > Guilford > Official history of Guilford, Vermont, 1678-1961. With genealogies and biographical sketches > Part 6
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It provided that 'if any person within this State, except Continental Officers, shall, after the first day of September, next, accept, hold or exercise any office, either civil or military, from or under any authority other than is or shall be derived from this state, and be thereof duly convicted, shall for the first offense pay a fine not exceeding 100 pounds lawful money, according to the discretion of the Court which may have cognizance thereof; And for the second offense of the like kind shall be whipped on the naked body not exceeding forty stripes,
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Official History of Guilford
according to the discretion of the Court before whom they are prose- cuted; and for the third offense shall have their right ear nailed to a post and cut off, and be branded in the Forehead with a capital letter C, on a hot iron.
In its zeal to prevent the acceptance of public office under appoint- ment by the officers of the state of New York, the Vermonters appar- ently overlooked the provisions of the federal constitution which directs that "excessive fines shall not be imposed, nor cruel and un- usual punishments inflicted." However, the State of Vermont, so-called, not being then recognized outside its boundaries as a separate entity, this being twelve years before its admission to the Union, apparently felt as independent of Congress as it did of New York, and not subject to the Constitution of either.
Congress had done nothing toward settling the dispute, and mean- while Cumberland county continued her representation in the Legis- lature of New York. In a few of the towns of the county the Yorkers continued to assert their rights, and did not hesitate to punish those whom they decided to be guilty of violations of law.
Some time in the month of February, 1780, Henry Sherbourne and Timothy Root, both inhabitants of Guilford, and supporters of the New York authority, "arrogated to themselves" the power of action as judges in a case between Ephraim Nichols and Henry Hix. Sher- burne administered oaths, took the evidence in due form, and in conclusion he and Root declared Hix guilty, and awarded to him, as a punishment commensurate with the offense, fifteen stripes on his naked back. It is stated that Job Whitney laid them on.
Sherburne was a man of resource and ability, and much opposed to the Vermont regime. He resented the attempts to establish the new authority, and obstructed its course upon every opportunity which offered any promise of success. On the 6th of May following the punishment of Hix, a justice court was being held before Levi Goodenough, Jr., at his house in the west part of the town, his au- thority being derived from the people of the "independent state of Vermont".
Learning of this demonstration of rival authority, it was decided by a little band of arch-Yorkers to discourage such presumption within Guilford's limits, whereupon the party, comprising Henry Sherburne, its leader, with Hezekiah Stowell, Asa Rice, Phineas Rice, and Micah Rice, at hand in case of emergency, repaired to the residence of the justice, who was then engaged in the trial of a criminal. Sherburne overruled the authority of Goodenough, forbade him to proceed with the trial, and broke up the court. The criminal was ordered home, and the authority of Vermont was openly defied.
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Official History of Guilford
Tuesday, May ye 16, 1780.
Art. 9; Joseph Allet (Elliot) Hezekiah Stowell, Henry Sherburne a Committee to take care of the Town Stores of Powder and Lead.
CAPTAIN COMFORT STARR'S COMPANY
A Pay Roll of Captain Comfort Starr's Company of Militia of the Town of Guilford, who went out into the service of the State of Vermont, in the alarm in the month of October, 1780.
Comfort Starr, Captain
Ezra Pratt, Ensign Joseph Slater, Clerk
Caleb Carpenter, Sergeant Nicholas Pullen, Sergeant John Burroughs, Corporal
Privates
William Yaw Pearly Starr
Timothy Fisher Asarel Carpenter Hezekiah Horton, Jr.
Ezra Shepardson Nathan Horton
Jabez Franklin
Aaron Franklin, Jr.
Joshua Culver
Samuel Stafford
Jared Shepardson
Jonathan Kinsley William Morris Eseck Thayer
Philip Franklin, Jr.
Jefferson Barney
Abraham Jonas John Barney
Edward Barney Peleg Hicks
Seth Shepardson John Shepardson Stephen Shepardson James Burroughs
The private soldiers received one shilling four pence per day, and four pence per mile for travel. This pay roll provides for two days pay, with 28 miles travel for each man.
A subsequent alarm about the last of the same month occasioned the calling out of a part of the company as follows:
Comfort Starr, Captain Ezra Pratt, Ensign
Pearly Starr, Corporal Jabez Franklin, Corporal
Timothy Fisher Aaron Franklin, Jr. John Barns, Jr. (Barney?) Darius Bullock Peleg Hicks Stephen Chase
Privates
Asarel Carpenter Abner Slater Philip Franklin, Jr. Jonathan Culver
David Culver
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Official History of Guilford
These men were paid at this time for one day only, and four miles travel.
Three men were detached from Comfort Starr's company and were paid for six days and 47 miles travel, as follows: John Slater, Sergeant; William Marsh; Jonathan Shepardson.
Three names were overlooked when the pay rolls were made up, and payment was subsequently made to Capt. Starr for the following men: Stephen Chase, 2 days and 28 miles; Ezra Shepardson, 1 day and 8 miles; Nathan Horton, 1 day and 8 miles.
The Yorkers were still in control of the town and on May 16, at their annual town meeting chose a supervisor and other officers ac- cording to the wonted New York custom.
That state had ordered the spring elections, and it is related that one Simeon Edwards, a valiant citizen of Guilford, signed and posted up a warrant in the name of the sheriff, requiring the people of the town to assemble and elect a Governor and other civil officers for the state of New York. In obedience to this call, those who regarded it as legal assembled, and an election was held, of which no record has been preserved. In other places the Vermonters tore down the notifications and threatened those who should attempt to concern themselves in New York elections. In Putney the Vermonters appeared in force, and by their aggressive and menacing manner, put an end to the voting.
Much feeling was aroused by reason of the drafts by which Vermont replenished its militia, especial effort appearing to be exercised to secure those from the New York faction. In Halifax five Yorkers were drafted, but no Vermonters; In Guilford, Captain Price and four other subjects of New York, were enrolled, with two Vermonters; In Dummerston, one Yorker and one Vermonter were drafted; In Putney, five men were to be chosen from a list of thirteen Yorkers and two Vermonters.
While the subjects of New York in Cumberland County were at all times ready to serve that state in any capacity, civil or military, yet they did not consider themselves bound to perform similar duties for Vermont. Therefore, when Comfort Starr, captain of the first militia company in Guilford connected with the first Vermont regiment, in pursuance of an act of the General Assembly, and in obedience to orders from his colonel, directed his company to appear at their usual place of parade on the 25th of April, and on their assembling selected Josiah Bigelow and Peter Briggs to serve in the state guard until the Ist day of January 1781. It chanced that both of the men drafted refused to join the troops they were detached to serve with, and de- clined to pay the fine required of them by the statute as punishment for such neglect. Thereupon, by order of the Hon. Moses Robinson, Chief Judge of the superior court, process was ordered against the
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Official History of Guilford
delinquents. Dr. Daniel Rood, of Putney, an "indifferent person", served the summons on Briggs on the 7th of June, by leaving an attested copy of it at his dwelling. With Bigelow he did not succeed as well. He attempted to read the summons, and Bigelow ordered him out of the house. Upon a second attempt he was not only ordered, but driven, out of doors by Bigelow, who, with his fist doubled, de- clared that the Doctor should "take it", if he attempted to read the summons. After several ineffectual efforts, "being impeded by the position and words" of Bigelow, Rood delivered the summons verbally, and left with the aggressive Yorker a true and attested copy of the same. Both of the delinquents were tried before the superior court, and fined £ 108 each, with costs of prosecution.
By a resolution of Congress passed September 27, 1780, further consideration of the question respecting the jurisdiction of the New Hampshire Grants had been postponed, and settlement of the difficulty seemed to be no nearer than at the outset. At this time a majority of the towns of western New Hampshire expressed a wish to be received into union with Vermont, and a convention of the towns of Cumber- land county was called on the 31st of October, to consider the feasi- bility of a new government; the plan suggested was that all Vermont territory lying east of the ridge of the Green Mountains should be joined with western New Hampshire as far as Mason's grant on the east. Thomas Cutler was the Guilford member of the committee ap- pointed for the investigation of the project.
A town meeting was held in Guilford on January 10, 1781, to which none of the Vermont partisans were invited. The Walpole Convention referred to in the minutes was held on the 15th of No- vember previous, and the Convention to be held at Charlestown was set for the 3d Tuesday of January, 1781.
Guilford ye 10th d of January, 1781.
The people meet togather all them that means to stand in opposi- tion against the pretended State of Vermount and acted on the fol- lowing articles viz;
First, Made chise of David Joy, Esq. Moderator to govern sd. Meeting;
Second; Voted to defend themselves against the insults of the pretended State of Vermount;
Thirdly; Read the hand bill bearing date the fifteenth of Novem- ber one thousand seven hundred and eighty that the Convention give out at Walpole;
Fourthly; Voted to send a Committee to Charlestown to a seat in the Convention;
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Official History of Guilford
Fifthly; Voted William Bullock Capt. Peter Briggs the Committee. Sixly; Voted that Hezekiah Stowell shall keep the names of those that is against the pretended State of Vermount;
Sevenly; Voted to desolv the meeting;
A true copy; Pr. Saml. Bixby Town Clerk.
The following names of Guilford men are noticed in a pay-roll of Captain James Blakeslee's Brattleboro Company, which served from the beginning of the campaign of 1781 to June 30th of that year.
Solomon Ayers Eleazer Grover
Barnabas Russell
James Bacon
Comfort Healy
Edward Salisbury
James Dennis
Abiathar Joy
Isaac Smith
Jonathan Dennis
William Marsh
Amos Yaw
William Ferrel
Jasper Partridge
The Board of War met at Arlington January 2d to 10th, inclusive, and voted to raise a total of 668 men, to be apportioned among the several towns. Guilford's quota was eleven men, which it furnished. The private soldiers received £ 2 per month, and the Board of War prescribed that the equipment of non-commissioned officers and men should be
1 good Musquet
1 Powder Flask, or Horn
1 good Bayonet or Tomahawk
1 good Knapsack
1 Bullet Pouch, and a sufficient Tump Line
The tump line was a strong cord attached to a broad strap to be placed across the forehead to assist a man in carrying a pack on his back. The device was of Indian origin, and was also used for drawing a wounded comrade or other burden while crawling at length upon the ground.
On organizing the Charlestown convention, it was found that repre- sentatives were present from forty three towns. A committee of twelve from the counties of Cumberland, Gloucester, Grafton and Cheshire was appointed to confer with the General Assembly of Vermont at its next session on the subject of the proposed union. Strenuous efforts were made to effect the union, and on the 6th of April representatives from thirty five towns in the western part of New Hampshire took seats in the General Assembly of the state of Vermont, and on the 16th of the following June representatives from ten towns in New York, lying between the Hudson River and the Vermont boundary were ad- mitted to the Vermont Assembly, and the tract of territory which they represented was declared a constituent portion of Vermont, under the name of the Western Union. The New Hampshire acquisition had been denominated the Eastern Union. One of the conditions of this
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Official History of Guilford
consolidation was that a general and full act of amnesty should be passed by the Legislature of Vermont in behalf of those persons, who on the 1st day of October, 1780, although residing in Vermont were avowed subjects of New York; that all judgments against them for fines and forfeitures on account of their opposition to the authority of Vermont should be annulled; that no judgments should be here- after rendered against them for any state offences committed before the time specified; and that no civil suits should be hereafter main- tained against them for trespasses perpetrated previous to the time aforesaid. The only immediate effect was to engender a more tolerant feeling toward Vermont.
During the short time that these Unions were considered a part of Vermont they were a source of continual trouble and expense, and on the 23d of February, 1782, the connections were dissolved and these districts returned to their previous affiliations.
It was during the February session that the counties of Cumber- land and Gloucester were divided into smaller counties, Cumberland giving place to Windham, Windsor and Orange counties, the latter as first established extending north to the Canadian line.
On the 5th of November 1781 a letter was addressed by Seth Smith, Elijah Prouty, Daniel Shepardson and Hezekiah Stowell to Governor Clinton informing him of the unsatisfactory government as established in Vermont, of the threats and menaces of the Vermonters and of the fact that "vast numbers" still held to the state of New York and to the authority of Congress, but suppressed their sentiments from fear of personal violence. The letter was taken by Israel Smith, a New York Lieutenant, to whom the writers referred for corroboration. The na- ture of the correspondence became known in Vermont and Seth Smith was indicted in December, 1781, for "conspiring and attempting an invasion, insurrection and public rebellion" against the state of Ver- mont, and for "attempting the alteration and subversion" of its frame of government by endeavoring the betraying the same into the hands of a foreign power.
This action aroused some apprehension in the minds of the people of Guilford, who recalled the fact that at the time of the addition of the "Eastern Union" they had agreed to support the jurisdiction of Vermont, and on the 8th of January, 1782, they drew up an address to the Governor and Legislature of New York and to the "American Con- tinental Congress," advising against the recognition of the state of Vermont. A letter, dated January 10th, from Daniel Shepardson, Henry Hunt, Capt. Asa Rice, Capt. Daniel Wilkins, Newhall Earl and Lieut. David Goodenough, asserted that almost all the Vermonters in Guilford, and many in the adjacent towns, were desirous of owning the jurisdiction of New York and submitting to the decisions of Con-
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Official History of Guilford
gress. A "Representation" was drawn up by the Yorkers of Guilford and Brattleboro, and sent to their agent, Seth Smith, who secured the endorsement of Governor Clinton, who on Jan. 21 gave him a letter addressed to William Floyd, a delegate from New York in Congress. He caused the matters to be submitted to a special committee, whose second report being presented on March Ist, nearly the whole day was taken by the discussion in Congress of the Vermont question. Little resulted, however, except the clipping off of Vermont's "wings", the Eastern and Western Unions, leaving the boundaries as of yore.
In March, 1782, meetings were held in Brattleboro, Guilford and Halifax, when the people declared by vote that when the people of Vermont dissolved connection with the Eastern and Western Unions they had entered into a treaty with the enemy, and that the people of the New Hampshire Grants owed their allegiance to New York.
On March 20th a convention of committees of the three towns met at Brattleborough. Samuel Avery was chosen to lay the matters before the Legislature of New York, and pray for their advice and assistance, and if he should receive encouragement to proceed to lay the whole subject before Congress. These measures brought no immediate re- sults, yet while they received little encouragement from New York, they did not cease to importune that government, by petitions and agents, for the assistance which they felt that they rightfully deserved, with a spirit of perseverance which was to be noted for many genera- tions. On April 26th a remonstrance in behalf of these towns was pre- pared by Charles Phelps, of Marlborough, who with his sons, was violently opposed to the Vermont jurisdiction, and afterward became noted in the leadership of the New York partisans. At a convention of these three most faithful towns, held on April 30th, Daniel Shepard- son, of Guilford, was appointed to act as emissary to New York, where- upon he repaired to Poughkeepsie and received a reply from Governor Clinton, in which the latter promised to use his best endeavors to se- cure commissions for the requisite civil and military officers for the southern portion of Cumberland county. He then referred to the Act of Congress of Sept. 24, 1779, which expressly commanded the inhabi- tants of the "Grants" owing allegiance to Vermont, to abstain from exercising any power over those who were subjects of New York, and vice versa, and reminded the people that New York had observed this recommendation of Congress, and that resistance by force was justifi- able should any person under pretence of authority from the assumed government undertake to enforce their laws.
The annual town meeting of 1782 appears to have been partici- pated in by both factions, as usual.
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Official History of Guilford
Wednesday, March 25th, 1782.
Art. 10; Made choice of Lieut. Wm. Bigelow, Capt. Comfort Starr, Capt. David Dennison & Ens. Joseph Dexter, Tytheingmen.
Art. 11; Mr. Joseph Bullock, Lt. Wm. Bigelow, Amos Core, Elijah Porter, Isaac Weld & Mr. Isaac Smith, Haywards.
Art. 12; Mr. Abraham Avery & Benjn. Buckland, Branders of Horses.
Art. 17; Voted that the selectmen of this town have Authority to bind out all stroling indolend persons who shall impose themselves on said town.
At its session in February, 1782, the General Assembly of Vermont passed an act providing for the raising of three hundred men for the ensuing campaign, and requiring an apportionment of the men to the several towns south of Barnet, to be raised by the selectmen; and in case any town refused or neglected to raise its quota its selectmen were directed to hire such quotas, or any part thereof, as might be wanting in said town; and to issue their warrant to the sheriff of the county whereto such town belonged, his deputy, or the constable of such town, to be levied on so much of the goods, chattels or estate of such inhabitants, to be sold at public vendue by such officer, as should be necessary to pay such hired men, and to satisfy all necessary charges arising from the proceedings. The act especially provided that no per- son should be liable to pay such cost, who had voted to raise said men. The intention of this proviso was to place the burden upon those, both Yorkers and Tories, who were opposed to the raising of troops.
The New Yorkers sympathizers in southeastern Vermont had been steadily decreasing, and at this period Guilford was the only town in which they were in the majority. A special town meeting was called for the 3d of April to act upon the question of raising men for the state call, and it appears that out of a population of about two thou- sand, only eighteen men voted to raise the quota of troops under Ver- mont's requisition.
The proceedings of this meeting are hereby given:
Guilford, April 3d, 1782.
Pursuant to legal warning the inhabitants of the Town of Guilford met at the Meeting House in said Town, and proceeded to act on the following Articles, (viz.)
Ist made choice of John Shepardson, Esqr. Moderator. 2dly the following Persons voted to raise their quota of the three hundred men ordered by the Assembly of this State, viz.
Capt. L. Bullock, Job Whitney, Peter Briggs, Maj. Edwards, Dn. J. Cutler, John Shepardson, Esqr. Lt. Wm. Marsh, Capt. C. Starr, Mr.
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Official History of Guilford
Ephraim Nichols, Lt. Wm. Bigelow, Capt. D. Stowell, Mr. Joseph Goodwin, Manasseh Bixby, Wm. Bullock, Esq. Mr. Joel Cutler, Mr. Samule Nichols, Mr. Elijah Devonport, and Samuel Shepardson. The above names were taken by vote. 3dly. Voted that the Selectmen make out ten classes for raising the aforesaid. 4thly. Desolved sd. Meeting.
A true record, attest, Saml. Shepardson, T. C.
It was widely reported that drafts would be made from Guilford in accordance with the terms of the act providing for enlisting soldiers in the service of Vermont, and Governor Clinton, of New York issued a letter declaring that forcible resistance to such drafts would be justi- fiable. This letter was widely circulated and a special town meeting called in Guilford for the 13th of May, 1782. A prior meeting had been held on April 24th for the election of a new committee. The re- corded proceedings of these two meetings are hereby given:
Guilford Apral ye 24th, 1782.
Then the people meet in general and
Art. Ist: Chose Capt. Worworth (Walsworth) Moderator, to govern Sd. meeting;
Art. 2d: Chose Daniel Shepardson, Jotham Biglo, Capt. Worworth Committeemen of Convention;
Art. 3d: Voted the old Committee shall stand good for the Committee of inspection.
Guilford Maye 13th, 1782.
Then the people meet and made choise of Jotham Biglo Moderator; Art. 2d: Voted to stand against the pretended State of Vermont, so called untill the decision of Congress, with your lives and fortunes.
Art. 3d: Voted to receive the Instruction that comes from New York that Mr. Daniel Shepardson brote from their as your agent.
The Rescue of the Yorkers Cow: The New York adherents were willing to serve in the common cause against Great Britain, but re- fused to recognize the right of Vermont to compel them to serve in its regiments, and when the Vermont officers selected its entire Guilford list from the New York element, those who were drafted refused to serve, or to make any arrangement for furnishing or for paying a substitute. This state of affairs naturally soon came to a head, and on May 10th, the selectmen of the town, Simeon Edwards, William Marsh and Ephraim Nichols, who were all of the Vermont faction, directed the sheriff of Windham County to levy, in the name of the State, upon
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Official History of Guilford
the goods and chattels of Samuel Bixby, William White, Josiah Bige- low, Joel Bigelow, and Daniel Lynde, to the value of fifteen pounds, which had been expended in hiring a substitute to do military duty in their behalf. The sheriff was further directed to seize their property and sell it at public vendue, returning the proceeds to the selectmen with all convenient dispatch.
The sheriff, Jonathan Hunt, of Vernon, placed his warrant in the hands of a deputy, Barzillai Rice, with instructions to execute it immediately, which the zealous deputy proceeded to do, and repaired forthwith to the house of Hezekiah Stowell, which was used as a tavern, and was located upon the then main road leading from East Guilford to Guilford Center, and was situated on the hill northerly from the White Meeting House and cemetery easterly from Guilford Center village.
Hezekiah Stowell was one of the most pronounced and influential of the Guilford Yorkers, and when the deputy Rice arrived at his tavern he found assembled there a large company of the people, several of whom he much wished to see upon official business. Two of the selectmen who had drawn the warrant being present, and feeling secure in his official capacity, he made known his business, whereupon much confusion immediately resulted. Many proclaimed their inten- tion to oppose the claims and demands of Vermont, and it was soon apparent that the authority of the deputy was to be forcibly resisted, and without delay. A strong leader of the Yorkers, William Shattuck, of Halifax, was present, and seized the opportunity to encourage his friends to assist him in maintaining his views. He counselled them to protect their rights, to maintain their liberties, and to defend themselves against the invasion of a usurped power. He loudly declared that he was a supporter of the opposition, in public and in private. He denied the authority of Vermont, insisted that his cause was just, and that he had done and would do all in his power to uphold it.
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