USA > Vermont > Windham County > Guilford > Official history of Guilford, Vermont, 1678-1961. With genealogies and biographical sketches > Part 7
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While all present did not fully agree with Shattuck, a majority did so. Some were disposed to settle the fines if satisfactory terms could be arranged. For the purpose of a more private conference the selectmen, deputy, and those directly interested in the proceedings left the Stowell tavern and went to the house of Josiah and Joel Bigelow, across the valley to the westward, where Wm. W. Barney lived for many years, the place now being owned by Earl Clark. Two prominent local Yorkers, Henry Evans and William White represented the five de- linquents, and after lengthy consideration requested the deputy to delay the proceedings for twenty days, that they might have oppor- tunity to consult with the New York officers for instructions.
The deputy refused to agree to this and declared that he should follow his instructions without further delay, then calling upon all
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present in the name of the state to assist him in the performance of his duty he proceeded forthwith to carry off a cow belonging to Joel Bigelow. Henry Evans, who had no intention of tamely submitting to any such unrighteous procedure, interferred, and commanded the deputy to be gone, damned the authority of Vermont, and threatened Rice with personal violence unless he desisted, but the deputy paid little attention to the vigorous protestations of Evans, and started off with the cow, followed by a large crowd who were on the alert for a favorable opportunity. Rice retraced his way, leading the cow, until he arrived at or near the Stowell tavern, when Captain Joseph Peck, who had arrived with all of his men who could be had on so short notice, shouted to all present to "embody to rescue."
The deputy was immediately surrounded by a determined mob of about fifty men, who seized the cow and drove her away, but did no damage to the deputy. For this open resistance to the authority of the state of Vermont, indictments were found by the grand jury sitting at the subsequent term of Windham County court in September 1782, against the following: Jotham Bigelow, Joel Bigelow, Josiah Bigelow, Daniel Lynde, William White, Samuel Bixby, Giles Roberts, Dean Chase, Benjamin Chase, Nathaniel Carpenter, Edward Carpenter Asaph Carpenter, Daniel Shepardson, Adonijah Putnam, Nathan Avery, Josiah Rice, David Goodenough, John Stafford, Jr., James Packer, Stephen Chase, Joshua Nurse, Noah Shepardson, Joseph Peck, Joshua Lynde, Shubael Bullock, Israel Bullock, Samuel Melendy, Joseph Dexter, Moses Yaw, Amos Yaw, Jr., Hezekiah Broad, and Henry Evans, all of Guilford, also Elijah Prouty, Benjamin Baker and Timothy Church of Brattleboro, and William Shattuck of Halifax.
The resistance to the authority of Vermont, so successfully accom- plished by the Guilford men caused much excitement and general speculation as to the ultimate result. On May 17th, 1782 a meeting or convention of Yorkers from Guilford, Halifax and Marlboro assem- bled and prepared a remonstrance or petition to Governor Clinton of New York, setting forth the fact that intrigues, conspiracies and in- surrections were daily perpetrated by the Vermonters; that warrants were frequently issued by them for the seizure of the persons and prop- erty of the petitioners, and that their officials had been valiantly opposed by the Yorkers.
The petitioners further declared their intention to defend their rights by force until proper authority should be instituted, although they admitted their inability to successfully cope with the Vermonters without outside assistance, and requested the Governor to obain the appointment of a sufficient number of "prudent, just and faithful officers, both civil and military, of every kind necessary or proper for all the purposes of an organized government", which were to be sworn and entered upon their duties forthwith. They also asked permission
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to convey prisoners to any jail within the state of New York. As an assurance of their patriotic interest in the common cause against Great Britain they further asked the Governor to require the raising in Cumberland and Gloucester counties of a reasonable quota of men for the war and to collect means for their payment and support. At this time the Vermont government had divided Cumberland and Gloucester counties into Windham, Windsor and Orange counties, but the New York adherents recognized only the old counties as estab- lished by New York.
In response to the prayers of the petition Governor Clinton, on June 5, 1782, appointed several justices of the peace for Cumberland county, among them being Samuel Bixby, Daniel Shepardson and Hezekiah Stowell of Guilford. Power was given them to cause arrests for sundry offenses and they were especially charged to take notice of all attempts to set aside the laws and ordinances of New York.
At the same time commissions were prepared for officers of a bat- talion of six military companies in the towns of Guilford, Halifax and Brattleboro, viz., Timothy Church, Lieutenant Colonel Com- mandant; William Shattuck, First Major; Henry Evans, Second Major; Joel Bigelow, Adjutant; the two latter being Guilford men.
A special town meeting was held on June 10th to provide for con- certed action in opposing the Vermont constable, a committee being appointed who reported immediately, the records being as follows:
Guilford, June ye 10th, 1782.
Then the people meet in general in defence of their property and voted to choose a committee out of the company and forbid the Con- stable's acting;
Voted Henry Evans, Capt. Ashcraft, Capt. Nathan Fitch the Com- mittee men to forbid the Constable.
Guilford, June ye 10th, 1782.
We, the Committee chosen by this Body of People have forbid and do hereby ever forbid your venduing those numbers hereby given, and the blank lands and undivided lands including, we do hereby forbid you upon your apperal. (peril)
Attest,
Henry Evans, Daniel Ashcraft, Nathan Fitch, The Committee Men.
A true Copy. Saml. Bixby, Clerk.
The above business being attended to a second session was held, following the promulgation of further notice to the Vermont officers, records of which are found as follows:
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Official History of Guilford
Guilford, June ye 10th, 1782.
To all the officers of the civil authority under the pretended State of Vermont you are hereby forbid to proceed against any person or persons that owns the jurisdiction of the State of New York according to what is recommended to us by Congress in a hand bill bearing date June 2, 1780.
Pr. order of Committee, Benoni Culbrith, Clerk. A true Copy. Saml. Bixby, Clerk.
Guilford June 10, 1782.
Voted Edward Carpenter, Saml. Bixby, James Packer, Saml. Stafford a Committee men of convenson.
Voted David Colver, Benoni Culbrith, Nathan Avery, Phineas Rice, Josiah Rice a Committee of Inspection.
A true Copy, Saml. Bixby, Clerk.
On June 19, 1782, the Assembly passed an act entitled "An Act for the punishment of conspiracies against the peace, liberty and inde- pendence of this State," which provided that the assembling of six or more persons "with weapons of terror", to hinder the execution of the laws, or if any person or persons shall conspire or attempt any insur- rection, invasion or rebellion against the State. The punishment should be banishment or imprisonment and forfeiture of property. The third section provided that if any person banished under this act should refuse to depart or after departure should return without leave and be convicted thereof, "He or they shall suffer death". The act was to take effect from its passage and attested copies thereof were sent immediately to Guilford and its suburbs, Brattleborough, Halifax and Marlboro.
Upon the same day that this act was passed Isaac Tichenor was appointed to visit Guilford, Halifax and Marlboro for the purpose of explaining to the disaffected the proceedings of Congress in a true light and was instructed to do his utmost to unite the people of those towns to the government of Vermont, thus avoiding compulsory meas- ures, but this eminent ambassador failed, notwithstanding his elo- quent persuasive powers. The disaffected were determined upon re- sistance to Vermont and again appealed to Governor Clinton on July 10th through Charles Phelps of Marlboro who suggested, among other things, that General Washington order four field pieces to be sent from Springfield, Massachusetts to Brattleborough, representing that a demonstration of this kind would have more effect than a militia force of three hundred Yorkers raised without the sanction of General Washington.
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Official History of Guilford
Governor Clinton was further informed by way of Daniel Shepard- son on July 15th, that some of the more northern towns would unite in favor of New York if they could be assured of assistance from head- quarters.
On July 15th, 1782, the committees of those towns still loyal to New York met at Guilford for consultation upon a course of procedure in case an appeal was had to arms, as appeared to be imminent, con- sidering the drastic measures taken by the legislature of Vermont, apparently aimed at the extinction of the New York faction. This meeting resulted in another petition to Governor Clinton of similar tenor of those which had preceded it and asked for the New York militia to march against the Vermonters in case the latter should cross the mountains and commence hostilities against the petitioners. They also asked for positive commands to fight and stand in their own de- fense. This petition was forwarded to the governor by Mr. Benoni Cutbeth instead of the usual messenger, Major Shattuck, in explana- tion of which the committees suggested that they expected "to have business for Major Shattuck about home".
Upon receipt of the petition the Council of Appointment was im- mediately summoned by Governor Clinton and the list of officers of the southern regiment was completed. Elisha Pierce was chosen Quar- termaster and six companies were formed. Three in Guilford, two in Brattleborough and one in Halifax. The officers of the Guilford com- panies were listed as follows:
Cumberland County Militia-Commissioned by New York
June 5, 1782 Henry Evans, 2nd Major Joel Bigelow, Adjutant
1st Lieutenant James Waleworth
July 24, 1782
2nd Lieutenant Benoni Cutbeth
1st Guilford Company Captain, Joseph Peck
Ensign Samuel Stafford
1st Lieutenant William White
3d Guilford Company Captain, Joseph Elliot
2nd Lieutenant Israel Bullock
1st Lieutenant Elisha Root
Ensign, Joshua Nurse
2nd Lieutenant Isaac Weld
2d Guilford Company Captain, Daniel Ashcraft
Ensign, Simeon Ferrel
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Official History of Guilford
The commissions were at once prepared and forwarded by Mr. Cutbeth who also was the bearer of a letter from Governor Clinton to the petitioners, which was somewhat discouraging in its tone, stating that from accounts which the governor had received, he did not think it probable that Congress would decide in favor of the New York claim, notwithstanding the fact that it had not power under the confedera- tion, to create a new state. The bitter feeling between the factions increased and the Yorkers openly declared their determination to con- tinue their resistance to the collection of taxes and fines by the Ver- monters and threatened armed opposition to any force which come from the other side of the mountains to oppose them. Realizing the strained situation and the stubborn attitude of the Yorkers, Governor Chit- tenden on August 14th sent Ira Allen to Guilford and Brattleboro to watch the motions of the adherents to New York, that he might learn when it became necessary to execute the Act of the General Assembly passed June 19, previously referred to and another act passed June 21st, 1782, empowering the governor to raise men to assist the sheriffs, which act also authorized the Commissary-General to furnish the men so raised with necessary stores. On August 22d, Jonathan Hunt, the sheriff of Windham County, undertook to levy upon the goods of Timothy Church of Brattleboro to satisfy a judgment rendered by Justice John Bridgman. Church was a Yorker and refused to recognize the authority of the Vermont sheriff and notified Hunt that nothing should be taken by him from Church's farm unless Hunt was the stouter man of the two. Church was assisted by several friends and Hunt was prevented from levying his execution. Hunt immediately made application for a military force to aid him in performing the duties of his office, which was presented to the Council at a meeting held on the 29th of August, when a resolution was passed authorizing Governor Chittenden to raise two hundred and fifty men for that purpose, and requesting the appointment of Ethan Allen to command them.
Allen was commissioned on September 2nd. Of his command, one hundred and fifty were to be taken from Colonel Walbridge's regi- ment, and one hundred from that commanded by Ira Allen, and an immediate invasion of Windham County was projected. The route was decided upon, ammunition, provisions, horses and all necessary equip- ment collected, and the force mobilized at Bennington on Sunday, September 8th, 1782.
Guards were placed on all roads leading to the eastward, and no persons allowed to pass except messengers to and from the Vermont forces, the intent being to take the Yorkers completely by surprise, which purpose was well effected. The troops left Bennington long before sunrise on the morning of Monday, the 9th, taking the most
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Official History of Guilford
direct route to Marlborough, where the forces were augmented by the Vermont militia, companies of which came from Marlborough, Dummerston, Wilmington and other towns until no less than four hundred men were present under arms, commanded by Brigadier- General Samuel Fletcher, supported by Col. Stephen R. Bradley, Lieut .- Col. Charles Kathan and Adjutant Elkanah Day. The forces were divided at Marlboro and detachments sent to Brattleboro, Hali- fax and Guilford, the latter being under the command of Ethan Allen, comprised about one hundred mounted men. Their route from Marlboro, according to local tradition, was southeasterly, down the brook, entering Guilford at its northwest corner, just above the village called Hinesburg, continuing down the road near the stream as far as the turn leading easterly over Carpenter Hill, near the present resi- dence of Stuart Hunt, past the residence of Benjamin Carpenter lieutenant-governor of Vermont in 1779 and 1780, then a few rods easterly from the small brook at the foot of the first pitch taking a road leading to the left or northeasterly, up the hill to its summit to the house then owned by Paul Chase, since known as the Potter farm now owned by Thomas Ragle, thence easterly to the Aaron Barney farm, later known as the Cutting place and now owned by the Merton Clark family, thence southerly over the present mail route to Guilford Center. There is no record extant showing the exact place of Allen's visit. The principal settlement in that locality at that time was on the hill above the old White Meeting House, a short distance north of which, on the road to East Guilford and Brattleboro, stood the tavern of Hezekiah Stowell, which was really the heart of this strong- hold of Yorkers, and presumably Allen's destination, although we have no positive proof of this fact. Henry Evans and a number of others were taken by Allen's troops, the Guilford men being surprised and unarmed at first. As night approached Allen departed for Brattleboro, going northerly past the present residence of Leon Thayer, continuing northerly, past the dwelling of Lieutenant William White, later owned by Dr. B. W. Stevens, by A. W. Putnam, by Samuel M. Bullock and now owned by John Dudley. Expecting that the troops would take this route the Guilford men to the number of forty-six had assembled behind a bank, or kind of natural fortification on land of the Lovell Bullock farm, almost directly opposite the point where the road traveled by Allen meets the road leading from the Charles Ogden place to the District No. 2 schoolhouse and some twenty rods distant from that point. When the troops appeared on the latter road they were fired upon by the Guilford men who surprised them with such a tremendous volley that they turned and fied with all the speed of which their tired horses were capable. After having passed out of range, a consultation was held which lasted for half an hour. Night was coming
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Official History of Guilford
on, and no time could be wasted. Allen ordered that no mercy should be shown to any who offered resistance, then placed himself at the head of his troops and returned on foot to the little village which he had so recently left, and was not molested on the way.
Upon reaching the scene of his previous visit he promulgated his famous proclamation, which has been variously quoted, but was handed down to his posterity by Ephraim Gale, Sr., who was present, then being 22 years of age, the ultimatum was as follows :-
"I, Ethan Allen, do declare that I will give no quarter to the man, woman, or child who shall oppose me, and unless you, the people of Guilford, peaceably submit yourselves to the authority of Vermont, I swear that I will lay it as desolate as Sodam and Gomorrah, by God." Allen's men appeared to have been much more frightened than hurt, none having been killed, wounded or otherwise injured by the un- expected fusillade. It has even been doubted whether any of their guns were loaded except with powder, as no one ever contended that Guilford men were not good marksmen. The assailants dispersed upon the retirement of Allen's men, and no demonstrations were made after the delivery of the proclamation, but Allen and his men were per- mitted to retire in peace and in the dark, to Brattleborough, where the several detachments sent out from Marlborough were to re- assemble. On the next day, September 10th, the prisoners were started, under a strong guard, for Westminster jail.
The guard was instructed by Allen to kill without quarter anyone who should fire upon them, and every precaution was taken to prevent a rescue by the Yorkers. The prisoners, twenty in all, were safely in- carcerated in Westminister, where a special session of the Superior Court was opened on September 11th, Judge Moses Robinson presid- ing. The principal offenders were tried first. A grand jury was sum- moned and impanelled, and indictments found against active Yorkers from several towns, including Henry Evans of Guilford; the indict- ments alleged, in the language of the old forms, that the delinquents "not having the fear of God before their eyes, but being moved and seduced at the instigation of the Devil," did on the 1st of August preceding, at Guilford, and on other occasions, both before and after that time they did "with force and arms treacherously and perfidiously conspire an invasion, insurrection and public rebelion against this state, by their treacherously assembling together consult- ing and advising together of the means to destroy the constitution of this state and subvert the freedom and independence of the govern- ment thereof." All the prisoners being called to the bar pleaded not guilty and demanded trial by the country, whereupon a petit jury was impanelled and the trials began. The testimony concerning Henry
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Official History of Guilford
Evans was to the effect that he had often avowed his determination to withstand the jurisdiction of Vermont "even unto blood," and to use his own words, he had at times been "ready to try it on," when- ever the Vermonters should be ready to fight; that he had resisted Vermont constables; had assisted in rescuing property that had been lawfully seized by the sheriff and had expressed his hatred of the new state and its officers in the most violent and seditious terms. It does not appear that any evidence was introduced on behalf of the prisoners, and the jury found them "guilty of the facts charged in the indictment." The court therefore gave judgment that Timothy Church, William Shattuck, Henry Evans and Timothy Phelps be each of them taken from the bar of this court back to the common gaol of this county, there to remain in close imprisonment until the 4th day of October, next and that they be taken by the sheriff of the said county from the said common goal and carried without the limits of this state; and that they be then and there forever banished from this state, not to return thereto on penalty of death; and that all their goods, chattels and estates be condemned, seized and sold, as forfeited to the use of this state.
The prisoners were immediately confined in the jail rooms on the lower floor, in the north part of the court house. Attachments were issued and delivered to officers who were instructed to take the prop- erty of the criminals. A constable's return showed that of the effects of Shattuck he attached "about eighty acres of land in Halifax, with the buildings thereon standing; about ten tons of hay; a small quantity of rye in sheaf; a considerable quantity of flax spread on the ground, and about two or three acres of Indian corn standing on the ground. Timothy Phelps stated that "all of his goods were sold, except his wife's apparel, the beds and one cow." The property of the others were taken in the same manner, and the proceeds of the sales thereof were supposedly appropriated to the use of the state. On September 12th those who had been instrumental in effecting the rescue of the cow of Joel Bigelow from deputy sheriff Barzillai Rice on May 10th were declared guilty of the charges preferred against them and Captain Joseph Peck, the self-appointed leader of the Guilford men upon that interesting occasion, was fined £ 30 and costs of prosecution. Asaph Carpenter, Edward Carpenter and Shubael Bullock, who were among the most conspicuous of the ringleaders in the rescue were fined £ 20 each and costs. Stephen Chase pleaded guilty of a similar offense, in consequence of which the minions of the law were more lenient in his case, releasing him upon his giving bail in the amount of £ 30 to be forfeited in case he left the town without first procuring an order from the court. Within the week following he was fined £ 4 and costs, which was remitted by a resolution of the Vermont Council,
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passed June 8, 1785. Immediately following the Chase case, the grand jury presented an indictment against Joseph Peck, alleging that Peck, on the "Ist of July last past," not being a continental officer, did accept and hold a commission not derived from the authority of the people of Vermont, to wit a commission as captain of part of the militia of Guilford, under the authority of the State of New York, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Vermont. It appearing that the said commission was dated July 24th, and that Peck did not receive it until into August. He was declared not guilty and was discharged but was required to pay the cost of prosecution by way of admonishment not to do it again. There was much sympathy with the Guilford Yorkers manifested in the nearby towns of New Hamp- shire and Massachusetts and in the latter state one military officer recommended in a letter to another that their officers and soldiers should, "Ride up, armed well, to Guilford, where the Vermonters are committing those war hostilities," suggesting further that "you and I are, with all the United States, bound by the confederacy to protect them from all such violence," but all things considered, it was not thought best to interfere.
Ethan Allen, immensely elated by his shallow victory in Windham county was unable to restrain the blatant boasting and vulgar oaths so characteristic of him. Governor Clinton was a particular mark for his torrents of abuse. He declared that had he but orders he could go to Albany and be head monarch in three weeks, and that he had a good mind to do it.
Having warrants against a considerable number of the Yorkers whom they were unable to find, the officers of the court resolved on September 13th, to seize and confiscate the estates of all such, and Ethan Allen determined to make a new levy, and requested General Fletcher to raise in his brigade two hundred able, effective men, equipped for war, to assist the civil authority in carrying into execu- tion the laws of the state. Allen now appears to have adopted the principle that "might makes right," notwithstanding his former at- titude, when he made his famous reply to Attorney-General Kemp at Albany, in June, 1770, at which time Allen appeared, accompanied by Mr. Ingersoll, an eminent Connecticut lawyer, in defense of some claims brought against certain Vermonters holding title to lands granted by New Hampshire, these titles being held void by the New York court, which confirmed the titles of those holding lands under the grants from New York.
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