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Conceived in Liberty Companion · Volume V, chapter 11 · 26 September 1786

Hemlock against white paper

Farmers with green sprigs in their hats crowd one side of a dirt road and militia with white paper in theirs stand on the other, before a small wooden courthouse, as three plainly dressed men walk across between them.
Springfield, Massachusetts, September 1786. General Shepard holds the courthouse with 800 militia who wear white paper in their hats, and a committee led by Captain Daniel Shays walks up to him with farmers who wear hemlock in theirs. Rothbard calls the western farmers’ program eminently libertarian. The court shut down rather than sit. Chapter 11 of Conceived in Liberty, Volume V.

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Adapted, with the Mises Institute's permission, from Murray N. Rothbard, Conceived in Liberty, Volume V: The New Republic, 1784-1791 (Mises Institute), CC BY-NC-ND 4.0.

The story, from several sources

This account blends Rothbard’s chapter with the other sources listed below and has not yet been separated into Rothbard’s own account and the fuller story. Read Rothbard’s chapter 11 for his account.

By the autumn of 1786 the farmers of western Massachusetts had spent two years being taxed and sued. Rothbard says their program was eminently libertarian: lower taxes, cheaper courts, and the state’s debt redeemed at market value instead of face value, to the eastern speculators who held it. The General Court brushed them off and raised taxes. In August armed crowds began shutting the county courts, and militia sent against them refused to fire on their neighbors. On September 26 the Supreme Court was to sit at Springfield, and a grand jury there might indict the men who had closed the Northampton court. General William Shepard filled the courthouse with 800 men, 200 of them gentlemen of the county, and helped them to muskets from the federal arsenal. About 1,100 Regulators marched against him and sent in a committee headed by Captain Daniel Shays to demand that the militia go home, that no debt suit be heard, and that no indictment be returned. The court said no, and then could not round up a grand jury. As the two sides eyed each other, the Regulators stuck hemlock in their hats and the militia answered with slips of white paper. The court closed, and Shepard surrendered the courthouse. Rothbard adds that Shays was only one of the rebel captains, and among the most reluctant.

Where the record differs from Rothbard

Errata notes. Rothbard’s text and his account above are left as he wrote them. Every erratum.

Conceived in Liberty, p. 116
Rothbard says At Springfield on 26 September 1786 General Shepard held the courthouse with 800 men against ‘approximately 1,100 rebels’, and ‘General Shepard surrendered the courthouse’ when the court agreed to close. (Volume V, 2019 edition; page numbers equal the PDF’s.)
The evidence Wikipedia (‘Shays’s Rebellion’) has Shepard with about 300 men at the opening and Shays and Day recruiting a similar number, his force growing to about 800 only later; other accounts say about 600 rebels. The judges first postponed and adjourned on the 28th without hearing a case, and Shepard then withdrew to the armory, so ‘surrendered’ folds a withdrawal two days on into the 26th.
Source the sources named in the evidence column

Sources

  1. Murray N. Rothbard, Conceived in Liberty, Volume V: The New Republic, 1784-1791, ed. Patrick Newman (Auburn, Ala.: Mises Institute, 2019), ch. 11, ‘Shays’ Rebellion’, pp. 111-126, esp. pp. 112-113, 115-117, 119, 123-124. CC BY-NC-ND 4.0. Printed pages equal the hosted PDF’s page indices (checked 2026-10-02). Rothbard
  2. ‘Shays’s Rebellion’, Wikipedia (accessed 2026-10-02, through a fetch summary): the Supreme Judicial Court to meet at Springfield on 26 September; Shays and Day organizing the attempt; Shepard with about 300 men at the courthouse at opening; Shays and Day recruiting a similar number but demonstrating outside Shepard’s lines; judges postponing and adjourning on the 28th; Shepard then withdrawing about 800 men to the armory. Secondary source
  3. ‘Daniel Shays’, Wikipedia (accessed 2026-10-02, through a fetch summary): born August 1747; captain in the Continental Army from 1 January 1777; his exact role at Springfield ‘unclear’ and ‘exaggerated by contemporary elites’. Secondary source
  4. ‘Person: William Shepard’, Shays’ Rebellion site, Springfield Technical Community College (accessed 2026-10-02, through a fetch summary): born 1737 at Westfield, six feet tall and well-built, colonel of the 4th Massachusetts Regiment, militia major general; positioned Arsenal cannon in front of the courthouse and issued muskets to his poorly-armed militia without Congressional authority. Secondary source
  5. ‘William Shepard’, Wikipedia (accessed 2026-10-02, through a fetch summary): born 1 December 1737; major general in the state militia; defended the Springfield Armory in 1786-87. Secondary source
  6. Dale Pendell, ‘Remembering the “Regulation” called Shays’s Rebellion’ (accessed 2026-10-02, through a fetch summary): the Regulators wore a sprig of spruce or hemlock in their hats as their badge; ‘about half of Shays’s men were armed’ at Springfield in January 1787; Shays a prosperous farmer and five-year Continental veteran. Secondary source
  7. ‘Hampden County Courthouse’, Wikipedia (accessed 2026-10-02, through a fetch summary): the first courthouse at Springfield, for Hampshire County, ‘a small meetinghouse structure built in 1740’; replaced in 1822. Secondary source
  8. Era registry entry massachusetts-interior-1786 and place entry springfield-courthouse-1786 (data/cil/registry/), dress, arms and the courthouse; their own sources are listed in their notes. Secondary source