Shays's Rebellion Chapter 2

THE SHAYS REBELLION 117 

A mob gathered at that time, appearing from several neigh- 
boring towns, and threatening to release him, but he was sent 
to prison in Springfield under a strong guard. A month later, 
June 12, a rabble of about 150 riotous persons, gathered from 
different towns up the river, entered Springfield late in the after- 
noon when a large part of the male inhabitants were absent at the 
funeral of Rev. Stephen Williams of Longmeadow, and released 
Ely from the jail. Col. Elisha Porter of Hadley, high sheriff of 
the county, hastily organized a posse and the next day in North- 
ampton an agreement was reached between the mob and the rep- 
resentatives of civil authority, whereby Ely was to be given up, 
but as he had already disappeared he could not be produced, and 
three hostages were therefore given by the mob and put into 
jail in Northampton to remain until Ely should be returned. This 
angered the malcontents who had begun to disperse. They gath- 
ered again and were joined by others the next day, while the 
guard about the jail was strong and vigilant. On Saturday, June 
16, the crowds increased and became so threatening that Colonel 
Porter called upon various towns for assistance, and the services 
on the following day were marked by the absence of many male 
worshipers usually in attendance. The account in the Diary of 
Jonathan Judd, Jr., who was an eyewitness, is so vivid in its de- 
tails of the proceedings on that eventful Sunday as to warrant 
its reproduction. 

Sunday 17. Got up about four went to the middle of the Town. Maj. 
Bannister, Capt. White & Capt. Warner, who are leaning toward the Mobb 
go up to Hatfield. Was with a Committee to advise the Sheriff. Was at 
the Meeting part of the Exercises. People collect but slow till Noon and 
after. Upon Maj. Bannister &c., coming back at 2 Phinehas Lyman, Noah 
Smith & Dea. King go to the Mobb. All the return we have is that they 
will have the Hostages. They were then thought at Luke Lymans. We 
answer they can not. At Dusk when Col. Porter had about 500 Men at 
the Jail and Gen. Parks arrives with 160 more, they march to the Jail 
mostly on Horses, being about 450 men one Half armed with Clubbs. 
They fill the Lane from the School House to and in the Jail Yard. A Par- 
ley then began which lasted about 1 Hour and a Half, in which Time 
Capt. Dickinson and other Heads of the Mobb went into the Goal and saw 
the Prisoners. They then had one Idea of resigning up Ely, but as soon 
as they came out Ely put of? with speed. It was then agreed that the 
Mobb should go to the plain near the Burying Yard and they went and 
Dickinson returned and the agreement was that the Question whether the 
Hostages should be delivered up should be brought to a County Conven- 
tion and their opinion sent to the General Court who should be the final 
Judges in the matter. When Dickinson returned to the plain all his party 



118 WESTERN MASSACHUSETTS 

had left him. Almost the whole Party might have been taken with very 
little loss but we aimed to show we did not want to Hurt them nor shed 
blood. Springfield people came while they were at the Jail with 1 field 
Piece and a Number of Continental Soldiers. A large Guard was kept at 
the Goal, others scattered about a little not much; it was so near Day 
before matters were settled. 

It was surely a long and exciting day for Judd, lasting nearly 
twenty-four hours, during which he could have had little if any 
rest. But late as was his hour of retiring he got up at 4 o'clock 
again on the following morning to find the leaders as "obstinate 
as human creatures can be. Nothing can de done with them. 
A Mobb man is almost certainly a Liar. Their cause is princi- 
pally carried on by Lying." 

The General Parks mentioned in his record was Gen. Warham 
Parks of Westfield, and his contingent of 160 men was probably 
raised in his native town. 

Though Major Hawley urged the policy of holding the hostages 
until Ely was returned to custody, or it would be a "triumph to 
the tories and Great Britain," the tories having been active in 
fomenting the troubles and inciting the seditious proceedings, 
yet on Tuesday the hostages were released on the promise that 
they would return Ely or themselves when called for by the Gen- 
eral Court. 

Holland is indignant over that proceeding, and declares, "noth- 
ing could have been more contemptibly pusillanimous than the 
conduct of Gen. Porter on this occasion." 

Major Hawley saw great danger in the exciting conditions, 
believing that the "Tories have great expectation from the view 
and prospect of them." But so careful a local historian as George 
Sheldon says, "It was by the firmness of Gen. Porter that the 
law was sustained, and by his prudence that a disastrous scene 
of bloodshed was averted, when six hundred determined men 
confronted the five hundred and fifty who guarded the North- 
ampton jail, men equal in courage and social position. The mob 
had been misled by false reports, and it is a fact that the hostages, 
while still in prison, made such representations to Capt. Dickin- 
son and others that this well-organized, well-led, and well-armed 
body of men, whom that distinguished patriot, Joseph Hawley, 
dignified by calling 'insurgents,' were induced to disband and dis- 
perse without firing a shot." 

Trumbull in a sane and judicial spirit approved the action of 
Colonel Porter, and his conclusion seems to be justified by the 



THE SHAYS REBELLION 119 

general tenor and specific details of a letter sent by Major Hawley 
to Caleb Strong, member of the Legislature from Northampton, 
June 24, 1782. He had already sent a message to the General 
Court recommending that it appoint a Committee to come to 
Hampshire County for the purpose of making a careful investi- 
gation of existing conditions. The General Court had voted sev- 
eral days earlier to suspend the Habeas Corpus Act in the county 
for six months, and he plead that the Committee to be appointed 
should be made up of "sensible, honest, cool, and Patient men." 
In describing the state of public affairs he says, "You would be 
astonished to know with what amazing rapidity the spirit of the 
Insurgents spreads. Many are infected with it of whom you 
would not have the least suspicion. We are not certain who be- 
sides the Devil sprang Ely at first. But we are not at a loss who 
ventilates the flame, for the fire is now become such a flame as 
I cannot describe to you. The Genl Court have not had any 
affair of greater magnitude before them since the Revolution. 
Dispatch is of infinite consequence, but at the same time we 
must remember festina lente, for that interest a committee must 
previously be on the spot." 

Later he reports, "We have had it Hurra'd for Geo. 3d within 
8 rods of the Court House. Doct Hunt surmises that there may 
be British emissaries with British money among the people. 
Such a supposition does not appear to me groundless. None but 
God can say how far the spirit may spread." Still later he adds, 
"The people of the highlands of this country and Berkshire are 
fervidum genus hominum, and many, too many, on the east side 
of the river are of the same temper. * * * An attempt to sub- 
due these People by force will at least be very expensive if not 
a very dangerous course. Their numbers by some means or 
other (be those what they may) increase daily." (Trumbull's 
Northampton. Vol. II, pp. 465-6. Copied there by permission 
from the Hawley papers, Bancroft Collection, Lenox Library, 
New York.) 

Two important considerations must be noted in this connection, 
the emphasis laid by Major Hawley upon the character of many 
of the partisans of the movement, with its widespread extent; 
and the fact that such a general spirit of discontent and resist- 
ance to authority had come into existence five years previous to 
the final outburst of the insurrection before the arsenal in Spring- 
field. The interest of people in Westfield is shown by the records 
of frequent action in the premises. On the last day of 1781 it 



120 WESTERN MASSACHUSETTS 

was voted not to accept the Excise Act and a Committee con- 
sisting of Capt. Gray, Doct. Ashley and Capt. Sacket, promin- 
ent citizens and patriots, was appointed "to draw up a Remon- 
strance against the aforesaid Act & to petition the General Court 
to repeal the same." That committee was also to draw up the 
petition "agreeable to the letter sent to this Town by the Com- 
mittee of West Springfield relative to Excise Act." 

Besides the delegates appointed to the convention at Hadley 
in February, and to that in Hatfield in April, as already noted, 
Captain Sacket was chosen to represent the town at a convention 
in Hadley May 15, and on the following day the town adopted 
the doings of that Convention and gave its fourteen articles as 
orders to its Representatives in the General Court. 

1. That there shall be no Excise paid on any article of Consumption 
in a free Republick. 

2d. We consider ourselves much agrieved by being obliged by law to 
carry all our Deeds to a Register when to have our Deed Recorded in our 
own Town must save the People a vast sum in a year & answer the Pur- 
pose in law. 

3d. We find ourselves much agrieved by haveing a large number of 
Justices at the quarter Sessions which must cost the County a large sum 
of money (we Judge needlessly) when the Inferior Court alone can an- 
swer the same statutary purpose. 

4th. We find ourselves much agrieved that the Legislature should give 
the Worthy Governour Eleven Hundred Pounds per annum and all other 
salary men of the civil Department proportionable together with the Pres- 
ident of the Colledge & his fellows to them as such. 

5th. We find ourselves much agrieved that the Several Clerks of the 
Superior & Inferior Courts should have ten or twelve shillings for Enter- 
ing of Actions when we apprehend that one shilling is sufficient reward 
from the Debtor. 

6th. We find ourselves much agrieved that there is such needless 
numbers of Deputy Sheriffs in this County & tis our real Judgment that 
no Deputy Sheriff ought to serve any writ of a civil matter as a Constable 
belonging to the several towns can and ought in Justice to serve all writs 
in their own town to save the poor generally in debt needless expense. 

7th. We find ourselves much agrieved that the Select Men or some 
other Town Officers have not sufficient power to License all Innholders 
& retalers in their own Towns in order to save time pains & needless cost. 

8th. We find ourselves much agrieved that we cannot have the Con- 
fession Act which we Judge is the best & the most saveing act for the 
People of any that can be adapted notifying the Debtor to repair before 
some Justice in the vicinity and makeing Confession of his Note or book 
Debt in order to save great cost. The civil trust to be Impowered by the 
Legislature to take such confession & give Execution upon sd confession, 
when demanded by the Creditor upon the riseing of the next successive 
Court. 



THE SHAYS REBELLION 121 

9th. We find ourselves much agrieved that we have but one Judge of 
Probate in this large County when the Constitution does admit better pro- 
vision for the saveing of the Publick great expence in probate matters. 

10th. We find ourselves much agrieved that all Debts exceeding forty 
shillings should be confined by law for Judgment at the County Court 
when we think that every Justice ought to have power to Judge and de- 
termine any civil cause not exceeding twenty Pounds allowing to either 
party a right of appeal. 

11th. We Judge it highly requisite that there be an Act of Law making 
Personal & Real Estate a tender to satisfy Execution, to be apprised by 
Indifferent Men under oath, with this restriction that household furniture 
meaning Utensils & the tools of Mecanicks shall not be taken while there 
is any other Estate. 

12th. Tt is our opinion that no man sustain any office in Government 
but these that have distinguished themselves as friends to their County. 

13th. We find ourselves much agrieved in the high & large fees which 
we understand the Law gives Atturnies for the drawing of writs & sum- 
monsis as the sum allowed them is six or seven shillings for a Court Writ 
when we are perswaided that one quarter of that sum or less is a sufficient 
consideration for that service. 

14th. We your humble Petitioners for the redress of the foregoing 
Grievances would bespeack the Legislature by all Means to suspend the 
law in civil Matters while we remain under such very great burdens of a 
publick nature untill we find ourselves redressed relating to the foregoing 
grievances, Publick Taxes excepted, your Petitioners therefore petition your 
Honours to take the matter of grievances (above related) into your wise 
Consideration & we doubt not we shall obtain redress as in duty bound 
we shall ever pray. 

N. B. the above is a Coppy of the doings of the Convention and by a 
vote of the Town is given our Representatives for their Instructions in 
the General Court. 

The above proceedings are interesting and illuminating in many 
respects. Granting the legitimacy of the convention as a method 
of correcting w^rongs and reforming methods of civil procedure, 
this action of the citizens was regular and orderly. They were 
living under a representative form of government in a demo- 
cratic State, and they simply thereby instructed their representa- 
tives at the General Court to attempt by proper means to influ- 
ence that governmental body to redress what their constituents 
considered grievances. 

It was a far cry from such orderly procedure to the insurgency 
which by overt acts sought to overwhelm and destroy constitu- 
tional instruments for the administration of justice and the law- 
ful conduct of affairs. 

It became a stock action of conventions, even when they fol- 
lowed in quick succession one upon another, to declare with ve- 



122 WESTERN MASSACHUSETTS 

hement emphasis, and to spread upon their records that they were 
legitimately convened. This declaration was made even when 
accompanied with most treasonable utterances and threats of an- 
archistic activities. 

In the absolutely free government which they had established 
at such cost of blood and treasure, and from the willing sacrifices 
for which they were then smarting under their enumerated griev- 
ances, they had ample opportunity to put into operation forces of 
amelioration plainly and amply furnished by their constitution. 
The men who framed the laws and administered civil affairs were 
the fruits of their own choice and awaited annually upon their 
will to determine whether they should continue to hold office. 
And so long as they were in office the people could advise, in- 
struct and command them at their good pleasure. It was to make 
more definite, more forceful, more swift, more popular the con- 
trol of statutes, measures and methods, that the plan of county 
conventions met with such favor with many citizens. Delegates 
could get together at short notice for common consideration of 
vital matters, and for concerted and immediate action respecting 
them. The same opportunity which, prudently and patriotically 
improved, had been fraught with such beneficent results through 
the various Committees of Inspection, Correspondence and Safety 
in preparation for and in prosecution of the Revolution, under 
different auspices, less wise and patriotic leadership, less lofty 
motives, less scrupulous methods, resulted in disaster and shame. 
Minot, commenting upon the matter of conventions in the year 
following the sensational end of Shays' Rebellion, says, "This 
practice is said to be founded on that article in the bill of rights 
'in an orderly and peaceable manner, to assemble to consult upon 
the common good ; give instructions to their representatives ; and 
to request of the legislative body, by way of addresses, petitions 
or remonstrances, redress of the wrongs done them, and of the 
grievances they suffer.' Many, however, have supposed that the 
sense of this article extended only to town meetings which are 
known to the laws. And, indeed, to construe it in the most lat- 
itudinary sense, might tend in practice so to divide the sovereign 
power of the people as to make the authority of the laws uncer- 
tain, and distract the attention of subjects; especially in a repub- 
lican form of government where all power is delegated." (History 
of Insurrections in Massachusetts. Second Edition, p. 24.) 

How many an illustration of that confusing and subversive ten- 



THE SHAYS REBELLION 123