USA > Vermont > Bennington County > Rupert > Rupert, Vt.; historical and descriptive, 1761-1898 > Part 2
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Rupert, Vermont.
fore the beginning of this century, but quite a number continued to be occupied for several decades later. In an- other part of this work some description of log houses and their owners will be found.
THE LAND CONTROVERSY.
IT IS USUALLY considered that early settlers, who subdue the forests, wild beasts and equally wild men, have a task difficult enough to dismay the boldest. To the usual trials of pioneers were added, in the case of the settlers of Vermont, a costly, violent, vexatious dispute as to the rightful ownership of the lands; continuing more than twenty-five years, and often approaching actual warfare. The territory constituting Vermont was claimed by New Hampshire and New York. The former claimed her boundary line extended from the northwest corner of Massachusetts to the headwaters of Lake Champlain, and thence to Canada. The latter, to extend to the Connecti- cut river, north of Massachusetts. The governor of New Hampshire had made grants of 138 townships west of the river, when the King of England decided its west bank to be the eastern boundary of New York, as she claimed (July, 1764). This decision, though distasteful to most of the settlers, would have been accepted had their rights been respected. But instead, the governor of New York began to grant the lands of these settlers, giving them the choice of either paying again or vacating. Having purchased in good faith of one royal governor, they declined both prop- ositions, and by their courageous decision laid the founda- tion for a new State. Rupert, being a frontier town, had her share in this controversy; the settlers entering with zeal into the contest, ardently espousing the cause of New Hampshire. As the contest advanced the adherents of
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The Land Controversy.
New Hampshire generally became the advocates of a new State. All the events of this struggle I have been able to gather, which belong to our town, are here presented.
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" Sometimes the New Yorkers would try to get peo- ple who thought as they did to settle on the land they had bought. The town of Rupert had been granted by the governor of New Hampshire in 1761. Settlements were made a few years later. In 1771 the governor of New York granted or sold a part of this same land, which was owned by Robert Cochran. The people who obtained the grant tried to have the land settled by their friends, but their men were driven off and their log houses were pulled down and burned." (Vt. Hist. Reader, p. 36.) In the Vermont Historical Magazine, p, 223, Dr. Sheldon des- cribes what was, undoubtedly, the same affair, as follows : " In 1771 settlements were commenced on the White Creek meadows by New Yorkers, who had armed themselves in defiance of the New Hampshire grantees. Soon after, these latter well armed, proceeded to drive off the intrud- ers, who fled; and the log houses which they had erected were pulled down, laid in heaps and burned with fire."
The three following extracts are from the Documentary History of the State of New York, and present in graphic language the Yorkers' side of the contest :
" Gov. Tryon to Justices Skeene, Monroe, &c. New York 24th August 1771, Gentlemen. The inclosed copy of a petition lately preferred to me will inform you of a Riot and Breach of the Peace committed on the 11th of June near Argyle Town by one Cochran and fourteen armed men, in violently assaulting and dispossessing Donald McIntire and the other complainants of Lands granted to them by the government and then under their actual im- provement. The dangerous Tendency of such Disorders calls loudly for the Exertion of the Civil Authority, and it is by the advice of his Majesty's Council that I now recom- mend this as matter highly deserving your consideration, and that you will, after the fullest Enquiry as to the Facts, and Sufficient Proof of the Force, give the Petitioners the Relief directed by the Statutes of forcible Entry, or such other Redress as the case shall appear to you to Require.
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Rupert, Vermont.
Transmitting to me as soon as may be a particular account of your proceedings in consequence hereof with such ex- aminations as shall be taken before you.
To Philip Skeene, John Monroe, Patrick Smith and John McComb Esqrs Justices of the Peace for the County of Albany .or any two or more of them, or any of the other Justices of the County." Vol. iv., p. 439.
" Warrant To Arrest Certain Rioters in Rupert. County of Albany ss: By Alexr McNaughton Esqr one of his Majesty's Justices in & for said County. Whereas one Charles Hutchesson late Corporal in Col. Montgomery's highland regmt of foot appeared before me & being duly Sworn Deposeth and Saith, That upon the 29th day of Octr last or one or other of the days of said month the Deponent being at work upon a Lott of 200 acres of land granted him by Patent from under the Seal of this Province of New York said land being vacant lying about 15 miles East of Hudsons river & 4 miles North of New Perth township in County Albany: There assembled Nine men who call themselves New Hampshire Men about the De- ponents house which he had built on said Lott and the Deponent observing all having fire arms and attempting to demolish his house he left his work came and earnestly desired them to stop whereupon one Sirnamed Allen, an- other Baker & one Sevil with Rot Cochran & 5 others names unknown to the Deponent said that they would burn it for that morning they had resolved to offer a burnt Sacrifice to the Gods of the world in burning the Logs of that house. That then they kindled + fires on the Logs of the house said Allen & Baker holding 2 clubbs over the Deponent's head ready to strike Commanded him to leave that land & not say one word to them. That if he ever returned he should be barbarously used. That the fires being kindled said Allen & Baker Insolently said to the Deponent-Go your way now & complain to that Damned Scoundrel your Governor. God Damn your Governor, Laws, King, Council & Assembly. That said Allen & Baker repeated said horrible Curses. That when the De- ponent reproved them for it the said Allen said G-d Damn your Soul, are you going to preach to us-and fur- ther said That if ever any Constable attempted to arrest them they would kill them. That if ever any of them were put in Albany Gaol they would break it down and rescue him. That then the Deponent fled to New Perth where he now resides with his family. That the Depo-
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The Land Controversy.
nent is credibly informed they often boast they can on short warning raise many 100s New Hampshire men to pre- vent any soldiers or others Settling on these lands & curse the regular troops. That said Rioters have also burnt down the house of one John Reid that same day. That 8 or 9 more families were driven off their lands in the De- ponent's vicinity lately grant'd to them by N. York Gov- ernment according to His Majestys Instructions. That said Expell'd people were all living in and about New Perth & suffer'd greatly by said Expulsion of said New Hampshire men who now claim said lands, that the De- ponent is also credibly informed said Allen Denys the Be- ing of a God & Denys that there is any Infernal Spirit ex- isting and further Saith not. Sic Subscribitur.
CHARLES HUTCHESSON.
These are Therefore in His Majestys name Command- ing you Johr Reid Constable in said County forthwith to Call a Competent Number of His Majestys good Subjects in your vicinity to Arms and go to the place called Rupert where it is said these Rioters reside & by all due means apprehend the said Baker, Allen, Sevil & Robt Cochran with their said Accomplices & them bring forthwith before me or some other of his Majestys Justices of the Peace in and for said County to be Dealt with according as the Law Directs.
Given under my hand & seal at New Perth the 12th day of Nov 1771. Sic Subscribitur
Vol. iv, P. 453.
ALEX : MCNAUGHTON."
" Minutes Of Council Respecting Certain Rioters Or- dered To Be Apprehended, In Council March 26th 1772.
His Excellency communicated to the Board a letter of the 2d March Instant from Henry Ten Eck Junr Esq Sheriff of Albany, acknowledging the Receit of the proc- lamation of the 9th December for apprehending certain Rioters therein named, and acquainting his Excelleney that three of them Baker, Allen and Sevil are retired to the Neighboring Government. That he has not been able to apprehend any of the Rest. But that from the Con- duct and Behaviour of those who were at Home tho' not particularly mentioned or concerned in the Riot, he finds the greatest appearance of a determined Resolution not to submit to the Government: And this he found partic- ularly verified by the Conduct of Eight or nine who were armed with Guns and Clubs in which manner they came to
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Rupert, Vermont.
the House of one Heermans near the Indian River where he then was, and from their Conduct it appeared what they intended."
Vol. iv, P. 468.
The first of these extracts, relating to Cochran and his associates in Argyle, seem to place them in an un- favorable light. What motive actuated them, whether wanton aggression or the spirit of retaliation, it is impos- sible to say. The second undoubtedly refers to the events already noted, by quotations from the Historical Reader and the Historical Magazine. The third I find noticed on p. 223 of the latter, which I quote : " In 1772 the Sher- iff of Albany County, armed with the Governor's procla- mation, came here with a posse, for the purpose of arrest- ing the rioters, as they were called, but the inhabitants, having intimation of the Sheriff's intent, turned out en masse, headed by 'one Harmon near Indian river,' and with guns and clubs drove them back to New York, and they were glad to escape with their lives." Adding, " The New Hampshire grantees were in the habit of often ap- plying the ' Beech seal' to the naked backs of the intrud- ing Yorkers." Dr. Sheldon declares the invaders were driven back. Sheriff Ten Eyck does not say that, but ad- mits the settlers' appearance and evident intentions were of a vigorous nature, and that his mission was a failure. Heermans and Harmon probably refer to the same person, the latter being the correct name. The Beech seal, alluded to, meant the whipping of the party on the bare back, beech whips being often chosen on account of their toughness. The victims were those who persisted in holding lands un- der New York grants, so-called "Yorkers." The whips were often called " Twigs of the Wilderness." No doubt, had our records been as complete as they might have been under favorable conditions, much more information con- cerning this period of the town's history would be availa- ble. But enough has been preserved to give a fair idea of the situation. From these scenes, rough and turbulent as they were, we turn to a period many times more trying,
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The Revolution.
THE REVOLUTION.
DURING this memorable struggle, the people of Ver- mont were afflicted beyond comparison ; for in addition to the claims of New York, there were tories in their midst with British and Indians on their borders. Situated as our town was with respect to the conflict, it is reasonable to believe it had its full share of stirring events; but the want of records makes it impossible to verify this in only a small degree. From May 18, 1773, to April 4, 1780, the records are silent. When Cass, the tory clerk, who stole our records, left is not known. It was probably not earlier than 1775, and might have been a year or more later. The family traditions, aided by the side lights thrown upon us by the histories of adjacent towns, are about all we have to depend on. Dr. Sheldon has this to say of Rupert in the Revolution : "Previous to the Revolu- tionary War, there were but few settlers in this town, lo- cated mostly in log huts, near Pawlet river and White Creek, on its east and west borders. Upon the breaking out of the war, and especially upon the advance of Gen. Burgoyne from the north, in 1777, and upon detachments from his army being sent into western Vermont, they deemed it unsafe to remain on their farms any longer, and packing up whatever of their household effects they could carry with them, and burying or concealing what they could not, removed with their families to Suffield, Ct., the place from which most of them had emigrated. Con- sequently this place was in the possession of the British and tories during this and two or three following years. They burnt the grist-mill on White Creek and most of the log dwellings, and stole whatever they could find, of value." After narrating an act of the tories, too long to be quoted, which I shall allude to later on, he says : "In 1780 the British and tories having evacuated this part of the country, the settlers began to return, accom- panied by many of their friends and neighbors, and com- (2)
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Rupert, Vermont.
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menced rebuilding their burned and dilapidated log huts and cultivating their farms." Vermont Historical Maga- zine, p. 223. Dr. Sheldon's estimate of the population of the town seems to have been too small. In the Vermont Historical Reader, pp. +2-3, is an account of the conflict at Westminster, March, 1775, between Whigs and Royal- ists. In describing the aid received by the former, this passage occurs: "The next day, Wednesday, more men came, and among them, toward night, came Robert Coch- ran of Rupert, with forty Green Mountain Boys." It . seems improbable so small a settlement as indicated could, on a few hours notice, furnish forty armed men. I But my main criticism will be of the statement that this town was abandoned by its inhabitants and occupied by British and tories for three years. That there are traditions showing quite an exodus is admitted. But I think Dr. Sheldon has accepted this too freely, and taken the departure of certain classes, or the most exposed families, as a general flight of the entire population. If it were as he states, it would be a strange event in Vermont history, for nothing like it took place in adjoining towns. If the inhabitants of those towns had done as those of Rupert are said to have done, there would be no Bennington or Saratoga to cele- brate. Shall we believe the settlers of Rupert were so dif- ferent from those of the adjoining towns? Grant that some, perhaps many, fled and did not return for years; it does not prove all fled nor that new settlers did not come in, and continue to, soon after Burgoyne surrendered. I will now show by Dr. Sheldon's own statements the town was not abandoned. He mentions the capture of Daniel Ormsby of Manchester, by a party of tories from Rupert, with the intention to convey him to the British camp at Saratoga. This was September or October, 1777. Ormsby was rescued, in the north part of this town, by his Manchester friends, aided by Whigs from the east part of Rupert, one of whom, John Nelson, is named. Vt. Hist. Mag., p. 223. Again, in a sketch of Martin Smith, he says: " He was a zealous Whig, and hated the British and
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The Revolution.
tories with a perfect hatred. He lived and died, at an ad- vanced age, on the farm he first occupied, never having left it except for a few months in 1777, during the ap- proach of Burgoyne from the north. Page 224."
I will now give some quotations bearing upon this pe- riod of our history: "When Burgoyne came up from Canada, sweeping all before him, most of the settlers north of us fled to the south, and some of our citizens joined in the stampede. Most of them, however, soon returned, and the presence of such gallant officers as Col. Warner and Col. Herrick soon reassured them." Hollister's His- tory of Pawlet, p. 12. "Let not the reader, therefore, conclude that Burgoyne's impressions on this subject were correct, or even that our sturdy Vermont settlers had the first thought of shunning, at such a crisis, the post of danger. While women and children, and the infirm, and some timid ones, fled in large numbers southward for safety, the profound anxiety of the time carried with it this most significant of all its results, the thorough arousing of the sturdy dwellers among the green hills of New Eng- land to the duty and necessity of the hour." Jennings' Memorials of a Century, pp. 156-7.
Writing of the Battle of Bennington, Hollister says: " Quite a number of our townsmen were in this battle." Similar and stronger testimony can be had from the towns east and south of us; little Sunderland furnishing a com- pany. Shall we continue to believe that while the settlers of other towns were fighting for their homes, those of Ru- pert fled to the shelter of Connecticut? I think not, for it is an error. The second part of his statement-that this town was in the possession of the British and tories for three or more years-is equally untenable. The Ben- nington victory was won August 16; the forts on Lake Champlain recovered September 18; Burgoyne's army captured October 17. Regarding the Champlain forts, I make this quotation from the History of Pawlet: "In September, 1777, five hundred men under Col. Brown were sent from Pawlet to attack Ticonderoga, Mount De-
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Rupert, Vermont.
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fiance and Mount Hope. The work was accomplished by surprise, September 18, not losing a single man." Her- rick's famous regiment of Rangers were organized at Pawlet, this year, and a considerable time after had head- quarters there. Strange they allowed the British and tories to occupy Rupert. The Vermont State government went into operation March, 1778, the governor residing at Arlington ; the State was not invaded again, Ira Allen's matchless diplomacy keeping the British in Canada and on the lake quiet; and yet Dr. Sheldon tells us British and tories occupied Rupert until 1780. He mentions the burn- ing of the grist-mill; but the time and circumstances are decidedly against his position. The time was 1778; the burning was by tories, in revenge for having been driven from their homes. Reuben Noble owned the mill at this time. It was burned in the night. The women and chil- dren fled to the forests, expecting their houses to be burned, while the men, seizing their firearms, pursued the tories, whom they overtook and severely chastised near what is now West Pawlet. Wm. Hopkins then resided near where the West Rupert railroad station stands. Mrs. Hopkins and children were among those who fled to the hills beyond, her husband being one of the pursuing party.
Thus we find in 1778, the Whigs in possession; the tories maddened by defeat, retaliating, and being pun- ished for their depredations by the victorious friends of American independence. In the cemetery near the resi- dence of G. H. Richey, I find these inscriptions : "Wm. Hopkins died December 11, 1789, aged 36 years. Mary, wife of Wm. Hopkins, died May 10, 1834, aged 80." These were the grand parents of the" late L. D. Hopkins. One other proof of continual occupation is furnished by the "Records of Marks on Cattle, Hogs and Sheep." This record begins with 1774 and ends with 1866. Of the year embraced within the period of the Revolution, all, save 1778, are represented. Wherever I mention "records," simply, I mean of the legal town or proprie-
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The Revolution.
tors' meetings. Our town was not abandoned in the trying years of conflict; much less was it in the continued possession of the British or their allies. In fact, it is doubtful if a British soldier entered the town. And if the facts could be known, I believe they would tell of res- idents of Rupert serving, with their brethren of other towns, in the patriot armies.
This warrant and the record of two meetings, which follow, as well as those presented earlier in this work, were copied from the original, by Dr. Sheldon, about 1828. In his return to the town, he declares them to have been cor- rectly copied, so far as possible to read them. It seems strange, even for these times, that a warrant should be is- sued in April for a meeting in December. Dr. Sheldon suggests that Read, the clerk, was probably chosen on account of superior scholarship.
" Rupert, April the 4th A. D. 1780.
Then the Proprietors of Rupert by the apintment of a Warrant as hear mentioned . Varmont
Whaire as aplycashon has ben mayd to me the sub- scriber by mour than a sixteenth part of the proprie- tors of the Tound ship of Rupert in the Countty of Ben- inton & Stat of Varmont to meat at the dweling house of Jonathan Eastman, inholder in sayd Town on the last Tuesday of December next :
1ly To chuse a Moderator
2ly To chuse a Clark
3ly Then and thaire to act on the following artickels, first to see if thay Will astablesh thaire formour vots & proceedings Reletive to laying out land, as sum parts Records aire caryd of by the lat proprietors Clark a noted tory, Secondly to see if they will lay out a forth Devishon & to do any other bisnis Necessary to be dun att sayd meting.
TIMOTHY BROWNSON, a petishoner
This Warant Was in the publick Nuse paypers three Weaks going Attest DANIEL READ proprietors Clark."
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Rupert, Vermont.
" At House of Jonathan Eastman Inholder Rupert at time and playse menshoned by Warant first mayd Choys of Nemiah Harmon mor 2 mayd Choys of Daniel Read Ca- this metting Is a jurnd to the first Tuesday of April next to the House of Jonathan Eastman."
This meeting, according to the warrant, was held in December, 1780. The following one, it appears, in April, 1781.
" the Proprietors being met on sayd day and playse first have establisht the formour vots to stand good Whitch was those hundred acor loots should stand good.
2ly Chous a Comitty for that purpus Jonathan Eastman Phinehas Sheldon Nemiah Harmon Daniel Smith tahorn Noble Com
3ly and have votted to lay out fifty akors on each Wright in forth Devishon
4ly the proprietors votted that Daniel Read should lay out His fifty akors Round his house.
bly votted that thay will be gin to lay out thaire land by the first of June next.
fly this metting has confarmed to phinehas Sheldon that of land Whitch Oliver Scott gave to Jesse Graves being fifty akors
7ly thay votted that a metting shall be cauled by the Clark and five of the proprietors. Test DANIEL READ
Clark sworn." pry Clark
The two meetings last noted are the first I have been able to locate with certainty. Jonathan Eastman's Inn stood near the residence of Wm. Root, nearer to the road and a little to the south.
We now come to the close of the Revolutionary his- tory of our town, scant and unsatisfactory as it is. I ap- pend a list of soldiers of the Revolution, sometime resi- dents of this town; for if ever men deserved to be re- membered, they deserve it. I am aware it is incomplete. The historian of Pawlet gave a list of seventy-three names; but he wrote thirty years ago and it was his for- tune to know many of those men personally.
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Revolutionary Soldiers.
REVOLUTIONARY SOLDIERS.
Daniel Warner, Isaac Clapp, Zadok Norton, Enoch Sherman, David Sheldon, Josiah Graves, Joel Taylor, Asa Kinne, Enoch Eastman, Ashbel Sykes, Jacob Sykes, Moses Sheldon, Jonathan Crandall, John Risdon, Oliver Scott, Eli- sha Lincoln, Josiah Wilson, Luke Noble, Jonathan Farrar, Samuel Gookins, William Gookins, John Weed. Some of these drew pensions and perhaps all. The last survivor, I think, was Enoch Sherman, who died March 30, 1849. He served under LaFayette and witnessed the execution of Maj. Andre. Luke Noble died in 1848; Isaac Clapp, same year; Joel Taylor, 1846; Asa Kinne, 1842; Zadock Norton, 1838; Jacob Sykes was the last survivor on the east side, but I have not the date of his death. A pity that a record of these old soldiers, their services and time and place of death was not preserved at a time when it might have been complete. also Reuben Stoddard anos Centre, Libeus Stannard Edward Hade
ORGANIZATION.
A TOWN HISTORY, without the time or place of the town's organization, is certainly lacking in an essential feature; but I find myself obliged to present just such a work. I am not passing the matter silently, as unworthy of notice; neither have I failed to make diligent search, but thus far unsuccessfully. From the town records not the slightest information is attainable; but from other sources I have gathered a little bearing upon it. In the Vermont Historical Magazine, p. 185, is an account of the convention held in Dorset, September 25, 1776. On this occasion Rupert was represented by Reuben Harmon and Amos Curtis; but whether as a town or " Propriety" is unknown. From Deming's Vermont Officers I obtained the two following items: That Moses Robinson was
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Rupert, Vermont.
the first Representative, March, 1778. This is the date when the State government went into operation. Robinson is not called Town Representative; and whether or not the Proprietors of unorganized towns were represented in the early legislatures I cannot say. The other item is that Enos Harmon was town clerk in 1780. This establishes the organization at that date, or earlier. These items from Deming are in harmony with the argument advanced that this town was neither abandoned or occupied by the enemy during three years of the Revolution. Records of the first marriage, birth and death are expected in a town history, but in this case not to be had.
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