: '"^^o^ ^''•-^^^ffil'-. ^^S^ :^m^\ '-^An^ 'oK '^o^ ► V )^\.^'.% ^^ *-•• V • ^^' (* ^ ^< 0^ o--..'^0. /^ 4 o ^o.%^T^\,6^ '"V'^'^*\audman, 22 Thomas Moore of Brookfield Gentleman & John Pratt of Ward husbandman, all in the County of Worcester are defendants. The Said Elijah Dix living more than thirty miles from the place of trial is the cause of this caption. The Said Lamb, Stone, Barton, Kingsbury, Wicker, May, IMoore & Pratt were respec- tively, duly notified, & the Said Stone, Barton, Kingsbury, May & Pratt attended at the Caption. The said Lamb, Wicker & Moore did not attend Before me JOS. ALLEN Just. Pacis Witness Attendance 1 Day 2/ taking depositions &c. 2/ Essex 88. Court of Comon Pleas Septemf term 1788 Opeud in Court Att I OSGOOD Cler. I Timothy Shaw of New Braintree in the County of Worcester Yeoman of Lawful Age do Testify & say that on the Night of the second, or rather on the morning of the Third day of Feb- ruary A D 1787 being the time when a party of the Government Troops under the Command of General Warner, were sent from Worcester to New Braintree, in order to Disperse a Guard of the Insurgents then stationed in said New Braintree, at the House of Moses Hamilton. That on said Night between the hours of Twelve & one of the Clock, I being in my own House in Bed & asleep One Oliver Witt of Paxton in the said County came to my house and waked me up & desired me to go up in Town to said Hamiltons, for that they the Insurgents Guard expected a party of the Government Troops to make an Onsett upon them, &c. I was very looth to go, but by his Urging I got up Dressed me & went with him to said Hamiltons, when the Insurgents party wanted me to Join them & take up Arms & help Defend the Ground &c. but I diclined & did advise them One & all not to fire upon the Government Troops (in Case they should come) but by all means to Quit the Ground in Season & make no resistance. After which the said Oliver Witt & myself left them and set out to go back to back to my house Witt, went on, I made a little Halt but soon overtook said Witt and we were standing both together in the Road leading south from said Hamiltons to my house & were a Quarter of a mile distant from sd. Hamiltons, when we heard the Firing which was still North from said Hamiltons House as it appeared afterwards, but said Witt, nor myself saw none of the Firing, nor one of the Govern- ment Troops that Night being at the time thereof both together & at the distance above mentioned. Soon after we heard said Firing we (s*^ Witt & myself) left the Public Road aforsaid & went ofif as much as half a Mile Easterly in to a Pasture & sat 23 down together (having neither of us any Arms) where we sat as much as three Quarters of an hour when we heard the Report of one single Gun. Said Oliver Witt was Terribly affrighted & wished me not to leave him & begged me to convey him down to Spencer Privately and he would give me 40 Dollars in Cash, I declined, but went with him about a mile & half to the House of one Harrington being in a Remote part of the Town of New Braintree where I left him said Witt, about the Breaking of the Day, and went home, & have not seen said Oliver Witt from that Day to this. I am Certain said Oliver Witt could not be an Eye Wittness of the Transactions of the said Night he being with me the whole of the Time of Said Firing and Skirmish as I have before declared, I further Say not. TIMOTHY SHAW New Braintree October 24*^ 1788. Worcester ss. October 24*^ 1788. Then the abovenamed Timothy Shaw Personally appearing, having been carfuUy Examined and duly Cautioned to tell the whole Truth made solemn Oath that the above Declaration by him Subscribed is the Truth, the whole Truth, and nothing but the Truth. Taken at the Request of Luther Wicker, to be used in an Action of Trespass to be heard and Tried at y® Supreme Judicial Court next to be holden at Salem in & for the County of Essex on the First Tuesday of November next, between David Young, resident at Ipswich in said County of Essex, Physician, Plaintiff and the said Luther Wicker & others Defendants the adverse party living more than Twenty miles from the place of Caption was not notified nor present. And the Deponent living more than Thirty miles from the place of Trial is the Cause of this Caption, before me PERCIVAL HALL Just? Pads Deponents Fees ^ Travel & attendence >- — 5 — 4 Justicis Fees J — 6 — Defendents attendance') one Day 1/6. Travel [■ 0—3—0 10 miles 1/6 ) £ 0—14—4 Examd. pT P. HALL Jus pacis Endorsed To the Hon**-', the Justices of the Supreme Judicial Court of the Commonwealth of Massachusetts next to be holden at Salem in & for the County of Essex on the First Tuesday of Novem- ber A. D. 1788. 24 The Deposition of Timothy Shaw of New Braintree, County of Worcester to be used in an Action of Trespass, David Young Plaintiff vs Luther Wicker & others Defendants Taken & Sealed by me P. HALL Jus! pacis I John Stanton of Worcester of Lawful age testify & declare that in the afternoon of Friday 2? February 1787 that Col? Flagg & myself went to Licester to one Southgates house to endeavor to collect a Debt he owed us, that while we were there the house was surrounded by a number of Armed Men believe about 50 or 60 and entered the house, and made prisoners of M^ Flagg «& myself and carried us to one Willson's about one mile dis- tance, where after some consultation, they concluded to Send us on to General Shays, and procured a Slay & gard for that purpose & Thomas Moore was Captain of the gard about 11 oclock of the same evening we arrived at New Braintree at the house of one Hamiltons a Tavern keeper, where we found about 30 men with Arms &c. under the Command of one Reuben Lamb of Oxford after staying in the room with them about half an hour they concluded to go no further with us that night, we desired liberty to go to Bed and they Set a Centry over us while in Bed about 2 hours after I heard a good deal of noise in the house and a drum beating in the chamber where I asked the C'entry what the matter was, he made no answer, about 15 minutes after I heard two Guns, and in about a minute more I heard 20 or 30, I immediately got up found the Centry gone, and some women in the Chamber holloimng that Lincolns light horse was come I immediately went down Stairs and found the house surrounded with Governments troops I went out and was informed that Mr Young was wounded, he was soon bro't into the house and I saw him unbutton his Knee & the Bullet fell on the floor. And I further say that Reuben Lamb and Thomas Moore lohere both in the house when I went to Bed. I further declare that on my arrival at M"^ Hamiltons house in the Evening the men I found there appeared to be under arms & Subject to Millitary rule & orders and on the beating of the drum I heard the cry turn out and the people appeared to be muster- ing & turning out JOHN STANTON" Worcester ss. Sept. 8, 1788 Taken at the request of David Young &c. &c. before JOS. ALLEN Just. Pacis Oliver Witt of Lawful age testifieth & saith that sometime in the beginning of the Month of February in the year 1787 that this deponent was at New Braintree, in the County of Worcester and Commonwealth of Massachusetts with about thirty men armed with Guns as a guard to oppose the Government of the Massachusetts, & under the Command of Reuben Lamb of 25 Oxford, that about one o clock at Night we had information that there was an armed force Sent by Government to apprehend us, and were then on their march upon which Information there was given to Said Guard to turn out, and the drums beat to arms, and this deponent Saw said Guard turn out to oppose the party Sent by Government, among whom were the said Reuben Lamb of Oxford Commander, David Stone of Oxford, Josiah Kings- bury of Oxford, John Barton f of Oxford David May and Thomas Moore both of Spencer, and Luther Wicker of Paxton all in the County of Worcester & John Pratt of Ward in said County and this deponent saw said guard a part of them sent as Pickett guard go to hale the party sent by Government as they approached, while the other part placed themselves some behind Fences & Some in one place and some in another, and when the party sent by Government approached Said Piquet, your depo- nent Saw Said Guard retreat and fire upon the Government Party and as Said Government party advanced towards the house of M Hamilton where we had been stationed this depo- nent Saw the other part of our Guard fire upon the Party Sent by Government in all about thirty guns and then make their escape with all possible Speed into the woods & other places and further your deponent Saith not. OLIVER WITT " •State of Vermont Windham ss August 20- 1788. Then per- sonally appeared the within named Oliver Witt &c &c — and made oath to the above before SAML KNIGHT Justice of the Peace &c. &c. &c. And Joshua Barnard testified to havinir heard John Pratt say " he wished the ball had gone a little higher, and then he should not have been put to any trouble about the matter." There is also among the Essex files an indictment against James Maloon, for sedition. It is contained in a collection of papers endorsed " from Sundry Old indict- ments taken out of ("ontiiuied File of Nov. Term 1788, and not further to be carried forward." Some points of interest are brought out by this, and it is illustrative of other similar papers. From Suffolk Court Files, Essex, Dec. 1788, No. 133826 Essex 88. At the Supreme Judicial Court begun and holden at Ipswich within and for the County of Essex on the third Tuesilay of June in the Year of our Lord Seventeen hundred and Eighty seven. The Jurors for the Commonwealth of Massachusetts upon 26 their Oath present that James Maloon of Methuen in the County of Essex Gentleman, being a disorderly Riotous and Seditious Person, and minding and contriving as much as in him lay unlawfully by force of Arms to stir up, promote and incite and maintain Riots Mobs Tumults and Insurrections in this Com- monwealth and to disturb and impede the Government of the Same and the due Administration of Justice in the Same And^ to prevent the Courts of Justice as by Law appointed for that purpose and to promote disquiets, Uneasinesses, Jealosies, Ani- mosities and Seditions in the minds of the Citizens of this Commonwealth on the thirtieth day of November last past at Methuen in the County of Essex aforesaid in the hearing of A great Number of liege Subjects and Citizens, Speaking of the disquiets, tumults And Insurrections then Subsisting and of the Orders of the Government of this Commonwealth to raise the Militia to Suppress and Subdue them, and addressing himself to Caleb Swan a Captain of a Company of the Militia in that Town he the said James Maloon with force and arms malisi- ously and Seditiously did utter and assert the following malisious and Seditious Words Viz- what think you of the times, you have Orders for your men to stand ready (meaning that the said Capt. Swan's Militia Company was ordered to be ready to march in Support of Government), I expect you intend to march your Company in Support of Government if one man is Called for (meaning if one man is called for to march in Support of Government) I (meaEing himself the said James Maloon) Mean to go on the other side (meaning that he the said James would go in opposition to the Government of this Common- wealth, and if I see you there in defence of Government mean- ing the said Captain Caleb Swan in Support of this Government) you shall be the first man 111 Kill: Bowdoin, meaning his Excellency James Bowdoin, Esq'- the then Governor of this Commonwealth is a Tory: Philips, meaning the honorable Samuel Philips jun"^ Esq""- then a Senator for the District of Essex in this Commonwealth is a Tory : and that the said James Maloon then and there for the Seditious wicked and destructive purposes before mentioned maliciously and Seditiously did circulate and Communicate and Cause to be Circulated and Communicated to numbers of the liege Subjects and Citizens of this Commonwealth then Called upon to be in readiness to Support the Government and due Execution of the Laws of the Same, a certain malicious and seditious Letter purporting to be wrote and signed by Daniel Shays, Luke Day and Eli Parsons to the said James Maloon, requesting him the said James Maloon to raise the people in Opposition to the Govern- ment of this Commonwealth and the Sitting of the Courts of Justice therein And afterwards Viz' on the nineteenth day of June aforesaid in the year aforesaid the said James Maloon 27 * Still continuing his Malicious aud Seditious disposition aforesaid at Ipswich aforesaid iu the County aforesaid in the hearing of a great Number of liege Subjects of this Commonwealth for the Seditious purposes aforesaid did utter & assert the following Scandalous and Seditious Words Viz', the General Courts and the Government has been guilty of great cruelty in taking up persons on suspicion only without any ground and had refused to bail them particularly John Ford, (meaning Capt .lohn Ford (pf Chelmsford : the Judges of the Supreme Judicial Court had a great deal of pay without doing anything for it, We have a bad Constitution, meaning, the Constitution of Government of this Commonwealth) and Bowdoin (meaning the honorable James Bowdoin Esq!") made it for the P^molument of himself and his Family : Some of the Acts of the General Court are Devillish and come right from Tophet all which is in evil Example to others to offend in like manner, against the peace of the Commonwealth aforesaid and Dignity of the Common- wealth aforesaid and Dignity of the same R, T. PAINE Atty pro Republica — a true bill JOHN WINGATE I Foreman. Endorsed "Indictment v. James Maloon for Sedition" " N. B. let a Warrant Issue & be sent Bradly of Haverhill 1 Sept. 1787. From the printed copies of Proclamations by the Gov- ernor among the files and used in the trial of cases, has been taken that of Governor Hancock, dated 15 June, 1787. There are also others similarh^ used, among them one directly connected with the Courts, springing out of the Act disqualifying any concerned in the rebellion from future service as jurors. (seal) COMMONWEALTH OF MASSACHUSETTS. BY HIS EXCELLENCY JOHN HANCOCK, ESQUIRE, GOVERNOUR OF THE COMMONWEALTH OF MASSACHUSETTS. A PROCLAMATION. WHEREAS the Legislature of this Commonwealth, with an intention, " not only to adopt every vigourous and efficacious method, necessary to suppress the i)resent traiterous opposition to the laws, and to restore peace and harmony to the Common- 28 wealth, but also to repeat the offers of grace and mercy to the penitent citizen, and to extend the same as far as may be con- sistent with the true interest of this Commonwealth, and the security of her citizens in future ; " have, by a resolve of the thirteenth day of June, instant, made provision for the raising and supporting a force, to defend the Commonwealth, against all wicked and rebellious men ; and have also with a very exten- sive clemency, by the same resolve provided, that, " each and every citizen of this Commonwealth, who have committed any treasons or misprisons of treason against the same, since the first day of -June, A. D. 1786, be, and they thereb}^ are indemnified for the same, and for all felonies which had been perpetrated by any of the said citizens in the commissions of treasons, and which are overt acts of the same ; and each and every citizen aforesaid, are thereby discharged of all pains, penalties, disqualifications and disabilities of the law in such case, made and provided : PROVIDED, That pursuant to the said resolve, such of said of- fenders, who have not taken and subscribed the oath of allegiance to this Commonwealth, since the first day of June, A. D. 1786, shall take and subscribe the said oath, before any Justice of the Peace within the Commonwealth, on or before the twelfth day of September next ; excepting out of the same indemnification, as well all such persons as had been convicted of such crimes by due course of law, as Daniel Shays, of Pelham, Gentleman, Luke Day, of West-Springfield, Gentleman, both of the county of Hampshire, and Lieutenant-Colonel William Smith, of the same county, Eli Parsons, of Adams, Gentleman, Perez Hamlin, of Lenox, Yeoman, Elisha Manning, of a place called the Eleven Thousand Acres, Yeoman, David Dunham, of Sheffield, Yeoman, Ebe/iezer Crittenden, of Sandisfield, Yeoman, Jacob Fox, of Washington, Gentleman, all within the county of Berkshire, whose Climes are so attrocious, and whose obstinancy so great, as to exclude them from an offer of that indemnification, which is extended to those who have been misled, and are not so flagrantly guilty. I have' THEREFORE, BY AND WITH THE ADVICE OF COUNCIL, AND AT THE REQUEST OF THE GENERAL Court, thought fit to issue this Proclamation, that the extention of mercy and indemnification offered by the Legislature, may be fully known, to those unhappy offenders who are the objects of it, and who have been deceived by wicked and designing men, and to give them assurances of their indem- nification for all past treasons, misprisions of treason and fel- onies, and of being again renewed to the arms of their country, and once more enjoying the rights of free citizens of the Commonwealth. As the lenient measures taken by the General Court, coin- ciding with the wishes of all good men who love their country, 29 and ardently wish for the perfect restoration of peace and tran- quility, cannot fail to convince the people of the whole State, that should the unhappy and deluded offenders, the subjects of said indemnity, again spurn at the clemancy of government, and continue their attrocious and traitorous exertions to overthrow the Commonwealth, the most spirited and decisive measures must be adopted : And I cannot but believe, that the good sense of my fellow-citizens, the regard the people have for the Consti- tution of civil government established by themselves ; their knowledge of their true interest; the obvious necessity of good government, and the unhappy and distressing consequences of supporting government by the sword, will unite all ranks and orders of men, in the pursuit of peace, good order and due obedience to the laws. AND all officers civil and military, who may be called upon in the duty of their offices to carry the resolve aforesaid, into execution, are hereby strictly enjoined to yield a ready and punctual attention to the same. GIVEN at the COUNCIL -CHAMBER, in Boston, the fif- teenth day of June, in the year of our LORD, one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of AMERICA. JOHN HANCOCK. By his Excellency's Command JOHN AVERY, jun. Secretary. Let Warrants Issue ag^ Daniel Shays & the others within Named (except Perez Hamlin & Manning Who are in Custody) returnable to the Supreme J Court next to be held at N. Hamp- ton, to the end Scire Facias ut legatum may Issue after that Term in case they are not taken. Proclamation of Indemnity. 9 excepted Warrant issued Nov^ 15th. 1787. vs. Shays Day Parsons Crittenden & Fox N. B. Could not find y^ Smith & Dunham were indicted An» Warrant issued Jany 7th. 1788 directed to the Sheriff of the County of Suffolk ag"* Luke Day. No. 159233. Suffolk Court Files. 30 In the "Laws and Resolves," as published by the Com- monwealth, appear many which have been "taken from the court record." A brief summary of these as well as others, and of the Messages of the Governor is here added. They all illus trate and explain the legal proceedings as well as set out the action of the Government, and seem a necessary part in giving the side of the Rel)ellion seen in the Courts. Laws and Resolves of Massachusetts. 1786-7. 1786. eh. 44. An Act granting indemnity to sundry offenders, on certain conditions, and providing for the trial of such, who shall neglect or refuse to comply with said condi- tions, and of those who shall be guilty of like offences in future. p. 111. (providing for trial before Sup. Jud. Court.) ch. 51. An Act in addition to said Act. (providing more specifically as to trials in Counties other than that where the offence p. 166. committed.) ch. 65. An Act for preventing persons serving as Jurors, who in consequence of having been concerned in the present rebellion, are disqualified therefor, p. 198. ch. 98. Resolve of November 10, 1786, showing an interrup- tion of the Supreme Judicial Court by the rebellion, taken from the Court Records — authorizes the Court to sit at Lenox the following May, '' the Justices of the said Court, by reason of the commotions, tumults and dis- orders in said County" "having been prevented from holding the said Courts " at the regular October Term preceding at Great Harrington, p. 390. In general the Supreme Judicial Court seems to have held its own and to have kept its regular sessions in spite of the commotions. 31 1786 Resolve for re-enlisting troops under General Lincoln, ch. 16 and granting a bounty ; and requesting the Governor to issue a proclamation for apprehending the principals of the rebels, and offering a reward for that purpose, and to request the Governors of other States to issue similar proclamations. p. 433 (providing for 1500 men — for 4 months — bor- rowing £40000 ; — bounty 20' — pay 40s. pr m° — Reward not exceeding £150. for apprehension of any ringleader — ) ch. 19 A Resolve made necessary on the petition of the town of Groton, in (.'onsequence of its Constables and tax collectors, Job Shattuck, Benjamin Page and Jacob Lakin Parker, being concerned in the rebellion — p. 436 ch. 56. Act, describing the disqualifications to which persons shall be subjected, who have been, or may be guilty of treason, on giving aid or support to the present rebellion, — and to whom a pardon may be extended, p. 176. ch. 29. Resolve requiring prompt payment of taxes — p. 440. ch. 30. Resolve requesting Governor to lend Gen. Lincoln £306 for purpose of enlisting men — p. 441. " 35. p. 443. Same purport— Gen. Ward £500—. " 140. Resolve on Report of Committee on Major General Shepard's letter of Feb. 1787. — requesting Governor to issue a proclamation warning against the purchase of real estate from any persons concerned in the rebellion except in certain cases described — And looking to the arrest of rebels moving out of State, p. 513. ch. 145. Resolve for appointment of three Commissions for the Counties of Middlesex, Hampshire, Worcester and Berkshire to conduct proceedings for granting indem- nity— And excepting from any promise of indemnity Daniel Shays, Adam Wheeler, Eli Parsons and Luke Day — by name and certain classes of persons — p. 515. ch. 146. Resolve for payment of £50 to each of such Commis- sioners, Hon*"^ Benjamin Lincoln, Hon"* Samuel Phillips, and the Hon*"* Sam> Alliu Otis, p. 516. 1786. 31 May Report of the Commissioners — & thence to in full — April 27. 1787. 32 25 Apr. 1787 read and accepted April 30 in House — by prorogation Read & Concurred in — in Senate Apr. 30. and Adjournments. ch. 14. p. 528. ch. 21. Resolve for raising from troops in service if practicable or from citizens at large 500 to 800 men — to be formed into one regiment — 6 mos. also That " whereas it is the intention of this Court not only to adopt every vigorous and efficacious method necessary to suppress I he present ti'aiteious opposition to the laws, and to restore peace and harmony to the Commonwealth, but also to repeat the offers of grace and mercy to the penitent citizen, and to extend the same as far as may be consistent with the true interest of this Commonwealth, and the security of her citizens in future : — Therefore it is further Resolved, that each and every citizen of this Commonwealth, who have committed any treason or misprisions of treason, against the Commonwealth, since the first day of June A. D. 1786, be, and they are hereby pardoned and indemnified for the same, and for all felonies which have been perpetrated since the time aforesaid, by any of the said Citizens, in the commission of such treasons, and which are overt acts of the same : And each and every of the Citizens aforesaid, are hereby discharged of all the pains, penalties, disqualifications and disa- bilities of the law in such cases provided ; and any of the citizens aforesaid, may upon trial for any of the said offences, give this resolution in evidence upon the general issue, which shall have the same operation, as if specially pleaded, except as hereinafter provided." providing further that "they hereby are restored to all the rights and privileges of citizens, to all intents and purposes whatever ;" — also for receiving back any arms delivered up ; The Resolve excepts "Daniel Shays of Pelham, in the County of Hampshire, Gentleman, Luke Day, of West Springfield in the same County, Gentleman, Lieutenant Colonel William Smith, of the same County, Eli Parsons of Adams, in the County of Berkshire, Gentleman, Perez Hamlin, of Lenox, in the same County, yeoman, Elisha Manning, of a place called the Eleven Thousand Acres, in the same County, yeoman, David Dunham, of Sheffield in the same County, yeoman, Ebenezer Crittenden, of Sandis- field, in the same County, yeoman, and Jacob Fox, of Washington, in the same County, Gentleman; but 33 they and each of them shall be liable to be tried, con- victed and punished for any of the offences aforesaid, in the same manner as if these resolutions had not been made." — And excepting also all, who not having taken the oath of allegiance, shall not take it before the 12'*' of the next September — And providing further that tiie resolution shall not "extend to any person or persons whatever, who stand convicted of any of the offences aforesaid, by due course of law, but the power of pardoning the same, remains subject to the discretion of the Gov- ernor, with the advice and consent of the Council, agreeably to the Constitution of this Commonwealth." — And providing further that the resolution shall not "extend to bar any civil action already commenced or which may be hereafter commenced for the recovery of damages occasioned by the commission of any of the offences aforesaid " — p. 677. ch. 22. p. 680. Resolve requesting Governor to issue his Proclamation, publishing indemnity and pardon agreea- bly to this Resolution — 1786 ch. 1. Message of Governor James Bowdoin, September 28, 1786, occasioned by " the tumults and disorders, which have lately taken place in several Counties within this Commonwealth, and the consequent obstructing the Courts of Common Pleas, and General Sessions of the Peace, in those Counties." p. 927. ch. 5. Message "on the subject of the insurrection in the County of Hampshire, for preventing the sitting of the Supreme Judicial Court, the last week, at Springfield." Wherein "it gives me pleasure to observe, that the Court behaved with great firmness and propriety : & in a manner that dignifies their dignified character," Oct. 2, 1786— p. 937. ch. 55. Message as to any measures necessary on occasion of Sittings of Supreme Judicial Court at Taunton and Cambridge— Oct. 23. 1786— p. 947 ch. 77. Message as to apprehended Troubles in the County of Hampshire— Nov^ 6, 1786. p. 949. ch. 96. Message — setting out the measures taken " for the support of the Supreme Judicial Court" at Cambridge, at its sitting Nov. 1. p. 956. ch. 2. 3 .10. 15. 31. 32. 1787. ch. 1. 34 ch. 1. Message of February 3, 1787 — Upon the Situation in general ; — the disorders which had occurred, the meas- ures which had been taken, and a consideration and discussion of the whole matter, p. 959. Further Messages on same matter — p. 964—967, 972—973. Message of Governor John Hancock. October 17, 1787. Addressed to the Legislature " in a Speech " : — Wherein he refers to the rebellion, the measures taken, the final issue of the matter, and congratulates the General Court " on the return of peace & good order thus far"; and expresses "the sentiment, that this unhappy occurrence cannot be considered as a certain mark of the indisposition of the people to good order & government," reviewing the case of " similar insurrections ... in the history of all Countries " and setting out the Constitutional con- ditions in this Commonwealth for the redress of griev- ances, and expressing his confident hopes for the future. He then refers to the pardon of four of the principal offenders, who had before been excepted from in- demnity &c. : — " The Legislature having by this Act of the thir- teenth of June, indemnified from criminal prosecution all the persons concerned in the late Commotions, excepting those convicted of crimes & nine others specially named in the Act ; the Supreme Executive, on similar sentiments, conceived that a pardon to Jason Parmenter, Henry McCullock, Henry Gale, & Job Shattuck, who were then under sentence of death for treason, might be granted consistently with the dignity & Safety of the Government, & that such a measure would have a tendency to restore the publick tran- quillity, to conciliate the affections of the people, & to establish peace in the State. Accordingly, by and with the advice of Council, on the thirteenth day of September, I sealed a pardon for those persons." p. 992. Message of Gov. Hancock 27 February 1788, " in a Speech." — Wherein among other things he says : — " Since the last Session, Luke Day, one of those persons for whose arrest a bounty was offered in con- sequence of an Act of the Legislature, has been taken 35 by some of the Citizens of New Hampshire, to whom one hundred pounds has been paid, upon their deliv- ering him into the Custody of the Sheriff of the County of Suffolk. Could the late unhappy commotions be thrown into oblivion, consistently with the honor of Government, & the Safety of the people, I persuade myself it would give Satisfaction." p. 996. 1788. "Resolve for pardoning Treasons in the late ch. 75. Rebellion"— After providing for the protection of persons acting in behalf of the Government or upon its side, and indemnity for Acts done, it is " Resolved that all and every Citizen and Citizens of this Commonwealth who have been concerned in the Insurrections & Rebellion aforesd as well those who have been guilty of Sedition & Seditious Practices as those who were excepted by Name in the Resolution of Indemnity passed on the 13*'' day of June in the Year 1787 are fully and freely indemnified for all Seditions, Seditious Practices Treasons and Misprisions of Trea- sons & for all Felonies committed in pursuance thereof, and are hereby entitled to the indemnity and to all the Benefits & Advantages of the said Resolution. Provided nevertheless, that nothing in this Resolve shall be construed to indemnify or extend to any Per- son or Persons who have been convicted in due Course of Law of any of the Crimes and Offences mentioned in the foregoing Paragraph, or to any Person or Per- sons who having been guilty of any of the said Crimes Shall neglect to take and subscribe the Oath of Alle- giance ; or to any of the Persons who were excepted by name in the said Resolve of June 13"^ A D 1787 and excluded from the Benefit of the Indemnity therein granted who Shall at any Time here- after accept or hold any Office civil or military within this Commonwealth." And also the provision that it shall be no bar to Civil Actions. It has not been attempted in this paper to present any exhaustive treatment of the subject or to give any more than an inconsiderable fraction of the material at hand, but rather merely to use a few illustrative matters from it, and to give here and there a glimpse of this one phase of Shays's Rebellion. c /7I-TT\ - - ^♦^'V *> ^ ,♦ V^ ^«< "^^z .0> LI, <6 ^...** /j^ife\ \,<^* .'^^ \./ ;^\ \, lECKMAN |±| INDERY INC. PI m^ AUG 89 N. MANCHESTER, INDIANA 46962