First Cabot Marriage by Peter Dannenberg

James Morse was born on May 6, 1746 in Hopkinton, Massachusetts. He wed Hannah Smith November 26, 1769, in Barre, Mass. He was a Revolutionary War Minuteman in Massachusetts.

Morse moved to Cabot in 1789; he became Cabot’s thirteenth settler. He built the first house at the Center of Town. Earlier settlers built along the Bayley-Hazen Road on Cabot Plains. His log home was the first Cabot tavern. He called it a hotel; it probably served as an inn for travelers. He also owned the first wagon in town, often used by others in Cabot.

In 1792, Morse became both Cabot’s representative to the Vermont legislature and the first Cabot Justice of the Peace. He was moderator of Cabot’s 1793 town meeting. It was the first town meeting that elected a full slate of town officers. Minutes listed him as “Capt. James Moss.”

Morse performed the first marriage in Cabot between David Lyford and Judith Heath on July 23, 1795. Morse worried about performing a marriage, so he rehearsed. He stood one of his sons, David, next to a tree stump and married the couple. David, as directed, agreed to love, cherish, and protect her. David and the stump were solemnly pronounced husband and wife.

Even after his dry run, James Morse blundered at the real ceremony; he had David Lyford promise to "forsake her and cleave to all other women." Morse was a Justice of the Peace for many years; he did better later.

Despite the mangled vow, the Lyfords had a successful union. They had nine children. The Judith Lyford Women’s Club that raised funds for the Willey building honored Judith’s memory. She was a fearless pioneer, as this tale shows:

There were two humble log cabins on West Hill, with a narrow footpath between the Lyfords and their neighbor. At the back of each cabin was a barn.

A swamp with large trees and thick bushes bordered the footpath. Walking home, Judith saw a bear cub. Through the bushes, she caught a glimpse of the adult bear and a second cub.

Most people would have run, but not Judith Lyford. She snatched up the cub. The cub squealed; it began to scratch and bite. She swung the cub into her sturdy tow apron, wrapped both arms around it, and ran. She heard the enraged mother bear crash through bushes behind her.

Judith reached the house, darting through the open doorway. She flung the cub from her arms, swung the plank door shut, and dropped the wood bar into its socket. A second later, the enraged mother-bear slammed into the door. The door held against the brute's efforts. The cub kept squealing, making the old bear frantic.

Hearing noise, David came out of the barn and saw his wife run in the house, with a bear at her heels. He ran to the rear window. Judith passed the always-loaded gun to him. David ran to the front of the house. The frantic bear did not see him. One shot laid her dead. The cub in the house soon shared the same fate. The second cub escaped.

James Morse had a narrow escape too. He borrowed money for business ventures that failed. Back then, county jails imprisoned destitute persons who could not pay court-ordered judgments. They could stay jailed indefinitely, until they worked off their debt or raised funds to pay the balance. Their labor went towards both the costs of their incarceration and their accrued debt.

The Caledonia County sheriff jailed James Morse in Danville. The jail was a log building beside Danville Green. Debtors could walk up to one mile from the jailhouse during daylight. Chains around roadside trees marked the boundary. Going beyond this was an “escape.”

Other Vermonters suffered similar fates. Ira Allen, former Vermont Treasurer, Surveyor General and a founder of the University of Vermont, went to jail in Burlington for debt. When released, he “jumped bail” and fled to Philadelphia. Allen could never return.

Revolutionary War hero William Barton was first grantee of Barton, Vermont. He lost a lawsuit and refused to pay. He, too, was imprisoned at Danville. Barton was in prison for 14 years, from age 63 until 77. His friend from the war, the Marquis de Lafayette, visited from France, and agreed to pay the balance, freeing Barton.

Vermont law released debtors who swore to the debtor’s oath in court. The oath was:

"You solemnly swear that you have not estate, real or personal, to the amount of $20.00, nor sufficient to satisfy the execution on which you are committed, except such as is exempt from execution; and that you have not, directly or indirectly, disposed of any part of your estate to defraud your creditors; and that you have not, since your commitment, disposed of any of your property to defraud the creditor on whose execution you are committed. So help you God."

However, the oath only applied to one creditor at a time. If there were more creditors, each could have the debtor jailed again.

James Morse owed several creditors. He left Danville jail while some still had unsatisfied claims. This ended up as an important Vermont Supreme Court case in 1800, Childs v Morse and Osgood. It is complex and lengthy. A creditor sued, saying the sheriff let Morse “escape;” he should not have released Morse, because he knew there were other unsatisfied debts. The Supreme Court decided the sheriff acted in good faith, relying on a court certificate. Years later, laws changed to prevent lengthy incarceration for ordinary business debts.

James Morse died August 21, 1812, at 66 years of age. The builder of the first home in Cabot Center rests in the Center Cemetery, with other Revolutionary War veterans. Many descendants still live in the area, including owners of Morse Farm Maple Sugarworks in Montpelier.

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