USA > Vermont > Records of the Council of Safety and Governor and Council of the State of Vermont, to which are prefixed the records of the General Conventions from July 1775 to December 1777, Vol. I > Part 37
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
Immediately after, the people of the county aforesaid received the re- solves of the continental congress. They called a county congress, and did adopt all the resolves of the continental congress as their resolves, promising religiously to adhere to that agreement or association. There was a committee of inspection moved for, to be chosen by the county, ac- cording to the second [eleventh] resolve of the association aforesaid : but being much spoken against by a justice and an attorney, and looked upon by them as a childish, impertinent thing, the delegates dared not choose one. At this time there were tory parties forming, although they were under disguise ; and had laid a plan to bring the lower sort of the people into a state of bondage and slavery. They saw that there was no cash stirring. and they took that opportunity to collect debts, knowing that men had no other way to pay them, than by having their estates taken by execution. and sold at vendue. There were but very few men among us that were able to buy ; and those men were so disposed, that they would take all the world into their own hands, without paying any thing for it, if they could, by law ; which would soon bring the whole country into slavery. Most, or all of our men in authority, and all that wanted court favours, seemed much enraged, and stirred up many vexatious law-suits, and imprisoned many. contrary to the laws of this province. and the statutes of the crown. One man they put into close prison for high treason ; and all that they proved against him, was, that he said if the King had signed the Quebec bill, it was his opinion that he had broke his coronation-oath.1 But the good people went and opened the prison door and let him go, and did no violence to any man's person or property.
Our men in office would say that they did like the resolutions of the continental congress, and they ought to be strictly adhered to, nutil our general assembly voted against them. Then they said, that this would do for the Bay-Province, but it was childish for us to pay any regard to them. Some of our court would boldly say, that the King had a just right to make the revenue-acts, for he had a supreme power ; and he
1 Leonard Spaulding of Dummerston.
334
Appendir A, No. 1.
that said otherwise was guilty of high treason, and they did hope that they would be executed accordingly. The people were of opinion that such men were not suitable to rule over them : and. as the general as- sembly of this Province would not accede to the association of the conti- nental congress,1 the good people were of opinion. that if they did accede to any power from or under them, they would be guilty of the breach of the 14th article of that association, and may justly be dealt with, accord- ingly, by all America. When the good people considered that the gene- ral assembly were for bringing them into a state of slavery, (which did appear plain by their not acceding to the best method to procure their liberties, and the executive power so strongly acquiescing in all that they did, whether it was right or wrong ;) the good people of said county thought it time to look to themselves. And they thought that it was dangerous to trust their lives and fortunes in the hands of such enemies to American liberty ; but more particularly unreasonable that there should be any court held ; since, thereby, we must accede to what our general assembly had done, in not acceding to what the whole continent had recommended : and that all America would break off all dealings and commerce with us, and bring us into a state of slavery at once. Therefore in duty to God, ourselves, and posterity, we thought ourselves under the strongest obligations to resist and to oppose all authority that would not accede to the resolves of the continental congress. But know- ing that many of our court were men that neither feared or regarded men, we thought that it was most prudent to go and persuade the judges to stay at home. Accordingly there were about forty good true men went from Rockingham to Chester, to dissuade Col. Chandler, the chief judge, from attending court. He said he believed it would be for the good of the county not to have any court, as things were ; but there was one case of murder that they must see to, and if it was not agreeable to the people, they would not have any other case. One of the committee told him that the sheriff would raise a number with arms, and that there would be bloodshed. The Colonel said that he would give his word and honour that there should not be any arms brought against us ; and he would go down to court on Monday the 13th of March inst., which was the day that the court was to be opened .? We told him that we would wait on him, ifit was his will. He said, that our company would be very agreeable ; likewise he returned us his hearty thanks for our civility, and so we parted with him.
We heard from the southern part of the state, that Judge Sabin was very earnest to have the law go on, as well as many petty officers. There were but two judges in the county at that time, Col. Wells being gone to New-York. There was a great deal of talk in what manner to stop the court ; and at length it was agreed on to let the court come to- gether, and lay the reasons we had against their proceeding, before them, thinking they were men of such sense that they would hear them. But on Friday, we heard that the court was going to take possession of the house on the 13th inst., and to keep a strong guard at the doors of said house, that we could not come in. We being justly alarmed by the de- ceit of our court, though it was not strange, therefore we thought proper to get to court before the armed guards were placed : for, we were de- termined that our grievances should be laid before the court, before it was opened. On Monday, the 13th of March inst., there were about 100 of us entered the court-house, about four o'clock in the afternoon. But
1 The New York association was not adopted until April following.
? The court was to sit on the 14th .- See " State of the Facts," by the officers of the court.
335
Appendix A, No. 1.
we had but just entered, before we were alarmed by a large number of men, armed with guns, swords and pistols. But we, in the house, had not any weapons of war among us, and were determined that they should not come in with their weapons of war, except by the force of them.
Esq. Patterson came up at the head of his armed company, within about five yards of the door, and commanded us to disperse ; to which he got no answer. He then caused the King's Proclamation to be read, and told us, that if we did not disperse in fifteen minutes, by G-d he would blow a lane through us. We tokl him that we would not disperse. We told them that they might come in, if they would unarm themselves, but not without. One of our men went out at the door, and asked them if they had come for war ; told them that we were come for peace, and that we should be glad to hold a parley with them. At that, Mr. Gale, the clerk of the court, drew a pistol. held it up, and said, d-n the parley with such d-d rascals as you are ; I will hold no parley with such d-d rascals, but by this .- hokling up his pistol. They gave us very harsh language, told us we should be in hell before morning ; but, after a while, they drew a little off from the house, and seemed to be in a consultation. Three of us went out to treat with them : but the most, or all, that we could get from them, was, that they would not talk with such d-d ras- cals as we were ; and we soon returned to the house, and they soon went off.
Col. Chandler came in, and we laid the case before him, and told him that we had his word that there should not be any arms brought against us. He said that the arms were brought without his consent, but he would go and take them away from them, and we should enjoy the house undisturbed until morning ; and that the court should come in the morn- ing without arms, and should hear what we had to lay before them ; and then he went away. We then went out of the house and chose a com- mittee, which drew up articles to stand for, and read them to the com- pany ; and they were voted nem. con. dis. and some of our men went to the neighbours, and as many as the court and their party saw, they bound.
About midnight, or a little before, the sentry, at the door, espyed some men with guns, and he gave the word to man the doors, and the walk was crowded. Immediately, the sheriff' and his company marched up fast, within about ten rods of the door, and then the word was given, take care, and then, fire. Three fired immediately. The word fire was re- peated ; G-d d-n you tire, send them to hell, was most or all the words that were to be heard for some time : on which, there were several men wounded ; one was shot with four bullets, one of which went through his brain, of which wound he died next day. Then they rushed in with their guns, swords, and clubs, and did most cruelly mammoc several more ; and took some that were not wounded, and those that were, and crowded them all into close prison together, and told them that they should all be in hell before the next night, and that they did wish that there were forty more in the same case with that dying man. When they put him into prison, they took and dragged him as one would a dog; and would mock him as he lay gasping, and make sport for themselves, at his dying motions. The people that escaped took prudent care to no- tify the people in the county, and also in the government of New-Hamp- shire, and the Bay ; which being justly alarmed at such an unheard of and aggravated piece of murder, did kindly interpose in our favour.
On Tuesday. the 14th inst about 12 o'clock, nearly 200 men, well armed, came from New-Hampshire government ; and before night there were several of the people of Cumberland county returned, and took up all they knew of, that were in the horrid massacre, and confined them under a strong guard ; and afterwards they confined as many as they
336
Appendix A, No. 1.
could get evidence against, except several that did escape for their lives. On the 15th inst. the body formed, chose a moderator and clerk, and chose a committee 15 see that the coroner's jury of inquest were just, im- partial men ; which jury on their oath did bring in, that W. Patterson, &c. &c. did, on the 13th March inst., by force and arms, make an assault on the body of William French, then and there lying dead, and shot him through the head with a bullet, of which wound he died, and not other- wise.1 Then, the criminals were confined in close prison, and, on the evening of the same day, and early the next morning, a large number came from the southern part of the county of Cumberland, and the Bay Province. It is computed, that in the whole, there were 500 good mar- tial soldiers, well equipped for war, that had gathered. On the loth inst. the body assembled ; but being so numerous that they could not do bus- iness, there was a vote passed, to choose a large committee to represent the whole, and that this committee should consist of men who did not belong to the county of Cumberland, as well as of those that did belong thereto : which was done. After the most critical and impartial exam- ination of evidence, voted, that the heads of them should be confined in Northampton jail, till they could have a fair trial ; and those that did not appear so guilty, should be under bonds, holden to answer at the next court of oyer and terminer in the county aforesaid ; which was agreed to. On the 17th inst. bonds were taken for those that were to be bound, and the rest set out under a strong guard for Northampton.
We, the committee aforesaid, embrace this opportunity to return our most grateful acknowledgments and sincere thanks to our truly wise and patriotic friends in the goverments of New-Hampshire and the Massa- chusetts-Bay, for their kind and benevolent interposition in our favour, at such a time of distress and confusion aforesaid : strongly assuring them, that we shall be always ready for their aid and assistance, if by the dispen- sations of divine providence, we are called thereto .?
Signed by order of the Committee.
REUBEN JONES, Clerk.
Cumberland County, March 23d, 1775.
1 The report of the coroner's jury was as follows:
New York
Cumberland County. An Inquisjon* Indented & Taken at Westminster the fifteenth Day of March one Thousand Seven Hundred and Seventy five before me Timo Olcott Gent one of the Corroners of the County afore Said upon the Veiw of the Body of William French then and there Lying Dead upon the oaths of Thos Ams- den John Avorll Joseph Pierce Nathast Robertson Edward Hoton Mi- chal Law George Earll Daniel Jewet Zachriah Gilson Ezra Robenson Nathaniel Davis Nathaniel Double Dee John Wise Silas Burk Elihue Newel Alexr Pammerly Joseph Fuller Good and Lawfull men of the County afore Said who being Sworn to Enquire on the part of our Said Lord the King when where how and after what manner the Said Wm French Came to his Death Do Say upon their oaths that on the thir- leenth Day of March Instant William Paterson Esgr Mark Langdon Cristopher Orsgood Benjamin Gorton Samuel Night and others un- known to them assisting with force and arms made an assalt on the Body of the Said Wm French and Shot him Through the Head with a Bullet of which wound he Died and Not Otherways in witness where of the Coroner as well as the JJuryors have to this Inquision put their hands and Seals att the place afore Said .- Eastern Vermont, p. 230.
2 The tory account in Holt's paper charged the Bennington county whigs, in particular, with rallying to Westminster immediately after the
* Inquisition was intended, same as Inquest.
337
Appendix A, No. 1.
STATE OF THE FACTS.
New York County of Cumberland court of common Pleas, And court of General Sessions of the Peace holden at the court House in Westmins- ter this Fourteenth Day of March A D. 1775. Whereas a very melan- cholly and unhappy affair Happened at this Place in the evening of' yester- day The thirteenth Instant and Whereas it may be that the Same may Be represented very Different From what The same really was We his majesty's Judges and Justices of the said Courts being chiefly there Present have Thought it our Duty thus to relate a true state of the Facts Exactly as they happened.
Many threats having for several Terms past been Thrown out by evil minded persons that they would With Violence break up and Des- troy the courts of our Sovereign Lord the king in this country and threats of A more Daring and absolute nature than formerly having been thrown out by certain Evil Minded persons Against the setting of this present Court the Sheriff tho't it Essentially necessary to raise a Posse For the Courts Protection and having Raised about sixty Men armed some With Guns and some with staves he arrived At their head before the Court House about five o'clock In the afternoon of yesterday When to the Great Surprise of the said Sheriff and Posse they found the court house Taken into Possession and the several Doors thereof Guarded By a large num- ber of Rioters (supposed to be about an Hundred in the whole) armed With clubs and some Few fire arms. The Sheriff then endeavored 10 Go in at the Door of the court-house, but was prevented by Threats And menaces; whereupon be read the King's Proclamation, with a very loud voice commanding In his Majesty's name all persons unlawfully as- sembled Immediately to Depart, and thereupon Demanded Entrance again But was again refused and Prevented by threats and menaces as Before. The Sheriff then told the Rioters that he would Leave them a short time to consider of their behaviour And to Disperse, and if they would not afterwards allow Him Entrance into the said court-house That he would Absolutely Enter it by force. But the Rioters made scoff at this Measure replying the hardest must fend off. The Rioters a little time afterwards wanted to choose committees to Parley but was answered that they could not Parley to consider whether the King's Court Should proceed or not. Judge Chandler informed them that if they had any real grievances to complain of if they would Present a Petition to the court when sitting it should be heard the Sheriff then gave the Posse Liberty To refresh themselves and about two Hours afterward He Brought the said Posse Before the courthouse again and then again Demanded Entrance in his majesty's Name but was again refused in like manner as Before Whereupon he told them that he would Absolute- ly enter it Either Quietly or by force and commanded the Posse to fol- low close to him which they Accordingly Did and getting near The Door he was struck several Blows with clubs, which he had the Good- ness in General to fend off' so far at least as not to Receive any very Great Damage but several of their clubs striking Him as he was gocing
massacre. No mention is made of them above, and moreover Lieut. Gov. Colden of New York, in an official dispatch to Lord Dartmouth, expressly exonerated them, adding, however: " Yet I make no doubt they will be joined by the Bennington Rioters, who will endeavor to make one common cause of it, though they have no connection but in their violence to Government."-See Eastern Vermont, pp. 239, 240.
338
Appendix A, No. 1.
up the steps, and The Rioters Persisting in maintaining Their Ground, he ordered some of the Posse to fire, which they accordingly did. The Rioters then fought Violently with their clubs and fired some few fire arms at the Posse by which Mr. Justice Butterfield received a slight shot in the arm and another of the Posse received a slight shot in the head with Pistol Bullets: but happily none of the Posse were mortally wound- ed. Two persons of the Rioters were Dangerously wounded (one of whom is since dead) and several others of the Rioters were also wound- ed but not Dangerously so. Eight of the Rioters were taken prisoners (including The one which is since Dead) & the wounded were taken care of by Doct. Day, Doct. Hill and Doct. Chase. The latter of which was immediately sent for on Purpose. The rest of the Rioters Dis- persed giving out Threats that they would collect all the force Possible and would return as on this Day to revenge themselves on the Sheriff and on several others of the Posse.
This Being a true state of the facts without the least Exaggeration on the one side or Diminution on the other We humbly submit to Every Reasonable Inhabitant whether his majesty's courts of Justice the Grand and only security For the life liberty and property of the publick should Be trampled on and Destroyed whereby said persons and properties of individuals must at all times be exposed to the Rage of a Riotons and Tumultuous assembly or whether it Does not Behove Every of his Majesty's Liege subjects In the said county to assemble themselves forth- with for the Protection of the Laws and maintenance of Justice.
Dated in open Court the Day and Year Aforesaid.
Thomas Chandler, Noah Sabin, Step'h Greenleaf, Benj'a Butterfield, Bildad Andross, S. Gale, Clk.
CONVENTION AT WESTMINSTER. APRIL 11. 1775.
AT a meeting of Committees appointed by a large body of inhabitants on the east side of the range of Green Mountains, held at Westmin- ster, on the 11th day of April, 1775.
1. VOTED, That Major Abijah Lovejoy be the Moderator of this meeting.
2. VOTED, That Dr. Reuben Jones be the Clerk.
3. VOTED, as our opinion, That our inhabitants are in great danger of having their property unjustly. cruelly, and unconstitutionally taken from them, by the arbitrary and designing administration of the government of New York : sundry instances having already taken place.
4. VOTED, as our opinion, that the lives of those inhabitants are in the utmost hazard and imminent danger. under the present administration, Witness the malicious and horrid massacre of the night of the 13th ult.
5. VOTED, as our opinion, That it is the duty of said inhabitants, as predicated on the eternal and immutable law of self-preservation. to wholly renounce and resist the administration of the government of New- York. till sneh time as the lives and property of those inhabitants may be seenred by it ; or till such time as they can have opportunity to lay their grievances before his most gracious Majesty in Council, together with a proper remonstrance against the unjustifiable conduct of that govern- ment ; with an humble petition, to be taken out of so oppressive a juris- dietion, and, either annexed to some other government, or erected and
339
Appendix A, No. 1.
incorporated into a new one. as may appear best to the said inhabitants, to the royal wisdom and clemency, and to such time as his Majesty shall settle this controversy.
6. VOTED. That Colonel John Hazeltine, Charles Phelps. Esq., and Colonel Ethan Allen, be a Committee to prepare such remonstrance and petition for the purpose aforesaid .- Slade's State Papers, p. 60.
CUMBERLAND COUNTY CONGRESS AT WESTMINSTER, JUNE 6, 1775.
In May, 1775, a Provincial Congress of the several counties had been called to meet in New York city, and the delegates of nine counties did meet on the 22d and organize as a Congress on the 23d. No delegates appeared from the territory of Vermont until the 24th, when
John Williams and William Marsh, from Charlotte County, appeared in Congress and produced a Certificate signed by fourteen gentlemen, the respective Committees of White Creek, Camden, [New York.] Ar- lington, Manchester, Dorset, Rupert, Parlett, and Wells, in Charlotte County, certifying that the said John Williams and William Marsh are appointed deputies to attend this Congress. The same was read and tiled.
Ordered, That they take their seats.1
The people of Cumberland county, through want of sufficient notice it seems, had not been able to send delegates for the organization of the Provincial Congress, and on the 6th of June a " County Congress " or "Committee " met at Westminster and proceeded as follows:
[From the American Archives, Fourth Series, Vol. II, cols. 918, 919.]
At a full meeting of the Delegates from the several Towns in the County of Cumberland, Colony of New- York, convened at Westminster, June 6, 1775:
The County of Cumberland having received certain intelligence from Mr. Isaac Low, Chairman of the Committee of Correspondence at New- York, that it is the desire of the said respectable Committee of Corres- pondenee at New- York, that the sense of the people in said County of Cumberland should be fully known with regard to the hostile measures that are using by the British Parliament to enforce the late cruel, unjust. and oppressive Aets of the said British Parliament, through the British Colonies in America: We, the Delegates from the several Towns and Districts in said County of Cumberland, being chosen by the freeholders and inhabitants of the same, to exhibit to the Provincial Congress the sense and voice of the people with regard to the unjust proceedings of the British Parliament, &c., do pass the following Resolves:
1. Resolved, nem. con., That the late Aets of the British Parliament, passed in order to raise a revenue in America, are unjust, illegal, and diametrically opposite to the Bill of Rights, and a fundamental principle of the British Constitution, which is, "that no person shall have his property taken from him without his consent."
2. Resolved, nem. con., That we will resist and oppose the said Acts of Parliament, in conjunction with our brethren in America, at the ex-
1 American Archives, Fourth Series, vol. II, 1775, col. 1246. Mr. MARSH alone was from Vermont .- See ante, pp. 15, 22. Doct. JOHN WILLIAMS was a resident of White Creek, N. Y., now Salen.
340
Appendix A, No. 1.
pense of our lives and fortunes, to the last extremity, if our duty to God and our Country require the same.
3. Resolved, nem. con., That we think it needless to pass many re- solves exhibiting our sentiments with regard to the unhappy controversy subsisting between Great Britain and America. Let it suffice, therefore, that we tully acquiesce with what our brethren have lately done at New- York, in their late AAssociation: and it is hereby resolved that the late Association entered into at New York is perfectly agreeable to the sen- timents of the freeholders and inhabitants of this County, and that they fully acquiesce in the same .?
4. Resolred, nem. con., That this County is at present in a very bro- ken situation with regard to the civil authority. We therefore sincerely desire that the advice of the honourable Congress may be by our Dele- gates transmitted to us, whereby some order and regularity may be es- tablished among us. We therefore should take it as a favour if the honourable Congress would particularly recommend to us in this County
" The "AAssociation " referred to was adopted in the city of New York April 29, 1775, and sent to all the counties in the province-as follows:
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.