
In turning to the topography and natural
capabilites of the county of Chittenden, we in the first place notice
that the general surface of the county is not unlike the main portion
of western Vermont. The first range of townships bordering
upon the lake, is pleasantly diversified with ridges and valleys; having
but few elevations of sufficient height to be worthy of notice. In
the north part of this range of townships, however, there are two
elevations, known by the name of Cobble hill and Rattlesnake hill--that
rise from 500 to 600 feet above the surrounding plain. According
to the measurement of Prof. Thompson, the former is 827 feet and the latter
is 912 feet above the level of the ocean; and Sugar Loaf ill in the
south part of this range, 1003 feet above tide.
These isolated hills rise in spherical
form, are easily ascended, and afford fine views of the surrounding
country from their summits. The range of Green mountains bound
the prospect on the east, and the Adirondacks on the west; and between
these two elevated ranges, the valley of Lake Champlain extends to the
north and south as far as the eye can reach : and affords a prospect of
great beauty. The placid waters of the lake, bearing upon its
surface, the various craft that navigate it--the sail boats and steamers;
the bays, points, islands, and villages upon the shore--the church
spires--the locomotive, dragging its train of cars, and puffing its
fiery breath--the cultivated fields, the flocks and herds--the farm house,
orchards, and groves--the dark forests rising upon the mountain sides--and
the mountains themselves, with their serrated peaks; afford a picture,
not easily copied by a human artist.
As we pass east beyond the first range
of townships, the country is more uneven and broken; yet it has no
hills of any great height, and hardly a spot can be found which is
not valuable either for tillage or pasture, until you arrive at the
base of the Green mountains--which cover the extreme eastern part of the
county, and ascend to the highest point of land in the state.
Between the spurs of these mountains, there are valuable tracts of
land for timber and pasturage, indeed, far more valuable for the
dairy and the raising of neat stock, than they have generally been
reputed. The amount of capital employed in the purchase of these
lands, is comparatively small; and for grazing purposes, they will
pay a greater per centage on the money invested, than our high priced
lands--if not an equal profit per acre. Moreover, these lands
are not affected by drought, and always afford rich pasture and very
abundant crops of hay. But as you ascend the mountains, the timber
begins to shorten, and gradually diminishes in height, until the limbs
of the trees, extending horizontally near the surface of the ground,
form a network of interwoven branches, upon which a person may often
walk with safety. He will sonn, however, reach an altitude
where vegetable life does not receive sufficient heat and moisture
to support it, except here and there a few starved and stinted lichens,
that find a scant and dreary abode in some niche or crevice in the rocks.
The east line of the county cuts along
just east of Camels Hump mountin, and of the highest points of Mount
Mansfield--the chin of the latter, being 4359 feet above the level
of the sea, according to the trigonometrical admeasurement of Mr.
Johnson. Upon this mountain near the county line, a house for the
entertainment of visitors, has recently been erected; and from the
excellent accommodations afforded by its enterprising proprietor,
has become a place of fashionable resort. Roads have been opened
to it, both upon the east and west side of the mountain; and it is
now accessible by horse, from the east. It furnishes a healthy place
of resort for invalids, and presents a view said to be far superior
to that of the White mountains, and has already become a place of
note in the annals of the pleasure seeking world.
The county is watered by numerous springs,
that gush ofrth fromt he surface of the ground at almost every point
desired, and abundantly irrigate and fertilize the soil; and there
are also several streams that water the county, and at the same time
afford ample power for driving mills and factories. The Winooski
river takes its rise in the county of Caledonia; and after passing
across the county of Washington, and breaking through the Green mountains
near the east line of this county, it passes nearly through its centre,
and falls into the lake between the towns of Burlington and Colchester.
The Lamoille passes through the north westerly part of the county,
and enters the lake near the sand bar bridge. The sand bar,
which for so long a period of time formed an inconvenient and perilous
ford between the island and the main land, was doubtless formed by
the debris deposited by this stream.
There are also numerous streams of
smaller capacity, some of which discharge into the above rivers,
and others directly into the lake. Brown's river empties into
the Lamoille, and waters a large portion of the north eastern part of
the county--Huntington river waters the south east, and La Plotte river
and Lewis creek, the south west part; these two last fall into the
lake, the former at the head of Shelburne bay; Mallet's creek and
Day brook unite and empty into Mallet's bay; and Huntington river,
Mill brook, Muddy creek, and Sunderland brook, each empty into the
Winooski. Most of the above streams are of sufficient capacity for
driving mills and factories--the numerous saw mills, grist mills,
and manufactories of various kinds, have been erected upon them.
Indeed the water power in the county, particularly on the Lamoille
and Winooski rivers, is sufficient to turn the wheels and spindles,
and work the looms, in the manufacture of cotton and woolen fabrics,
to an extent equal to the Merrimac. The falls on the above streams
are but in part occupied, and will afford immense power.
The agricultural interests of the county,
especially since the opening of the several lines of rail way through
it, have been highly prosperous, and give employment to the main
portion of the population. Two lines of rail road pass through
the county from the north to south parallel with the lake, and from the
east to west along the Winooski river. They afford a surprising advantage
to the farmer, ever his old mode of transportation to market now
seeks him. Numerous depots and points of trade exchange are
opened at convenient stations along the lines, where purchasers for
the Boston, New York, and Montreal markets, post themselves to buy
up the various productions of the country; thus the beef, pork, butter,
cheese, poultry, wheat, rye, corn, live hogs, horses, cattle, sheep, and
various articles of lesser importance, are sold, in a few rods, as it were,
of the farmer's door. This gives greater opportunity and interest
in the improvement of his soil and crops; and he adds to this interest,
by comparing his experiments with others at the meetings of our agricultural
societies, and public fairs.
These advantages have resulted in much
greater profit to the tillers of the soil, and a proportionate advance
in the value of real estate in the county, especially of farming
lands. The husbandman is encouraged with the assurance that
ample returns will reward his labor--and truly, the habitual industry of
our farmers, and general fertility of the soil, "fill their garners
to overflowing." This high degree of prosperity attending the
agriculture of our county and state, is not fully appreciated by
us--it is difficult to realize our advantages in this branch of industry,
without turning our thoughts back, and comparing our present facilites
for market, (the all in all to the producer) with the old mode of
carting our produce over a long and wearisome journey, and using
the proceeds of our merchandise to pay the expenses of our pilgrimage.
The county of Chittenden has better
advantages, meanwhile, over the commerce and navigation of the lake, than
any other portion of the state. This is owing to its proximity
to the broadest part of the lake, which affords the most accessible
points of shipment on its eastern shore. The harbor of Burlington
is the natural stopping place of the steamers and other craft, that
pass along the lake, in either direction--it is protected by a breakwater,
constructed at the expense of the general government; and the lines
of rail road concentrate at the wharves here, where they have their
principal depots. This has already become an important point
of inland trade, from which a large amount of produce is shipped, and the
merchandise landed in return, for the use and consumption of this section
of the country and it has also become the depot of an immense lumber
trade, with the province of Canada.
At some future time, when the long
projected canal from Lake Champlain to the St. Lawrence, shall unite
those waters, and open a free navigation between them, in connection
with a ship canal from the lake to the Hudson, it will make Lake
Champlain one of the most busy thoroughfares of inland trade and commerce,
on the continent. The time is not distant, owing to the entire practability
of the scheme, and of its comparative economy of expense, when this
will be accomplished. The increase of population and the progressive
opening of te resources of Canada, constantly urge upon the attention
of the public, new reasons for the construction of this great work
of intercommunication. The tributaries of the St. Lawrence
and upper lakes, that water a country not adapted ot the purposes
of agriculture, will bring down the productions of the forest; and
from present indications, that country will become the chief source of
supply to the lumber trade, in the larger portion of the states of
this Union. Our trade with these provinces must soon require
greater facilities for transportation, and when this is effected,
it will make this harbor one of the principal points of business between
the cities of New York and Montreal.
As the means of commerce and navigation
are extended, the natural resources of the county of Chittenden will
be more and more developed. Its agriculture will be greatly
increased, and a field of labor, now dormant and unproductive, may
be opened. In this respect, the mineral productions of the
county, may be regarded as holding an important place. It is true
we have no deposits of coal, or of iron, to compete with the inexhaustible
beds of that mineral upon the opposite side of the lake; and it is
to be admitted, that iron and coal, considered in an economical point
of view, are the most valuable of all mineral substances for man's
use. But we have excellent building stone, slate, marbel, water
lime or hydraulic cement, and carbonate of lime; all of which, in addition
to the domestic supply, may become very extensive articles of trade.
The red sand stone that forms the shore line of the lake through
a considerable part of the county, is easily quarried and split into
blocks of any desirable size or shape--its color is attractive, and
it forms one of the most durable and safe building materials known.
It is very solid and compact, not splintered by frost, or abraded by heat
and moisture; and cannot be crused by the weight of superincumbent
walls, however high or massive. This stone should find its
way into our towns and cities, as a building material, far superior
to the loose friable rock so extensively used. From its adaptedness
to split with even and square surfaces, it is specially valuable for
that kind of work, where it is an object to save the expense of cutting;
and with the exception of granite--the most desirable, perhaps, of
all building materials, where cut stone is required--there is nothing
superior to it for the walls of buildings or public works.
A range of siliceous lime rock extends
through the county parallel with the lake shore, and from two to
three miles from it; which, from actual experiment, proves to form
the basis of water lime, or hydraulic cement, and has been worked
and satifactorily tried for that purpose. This is a material extensively
used, and is manufactured in the state of New York, as an important
article of trade. According to the geological reports of that
state, as long ago as 1839, there were 60 kilms in the county of
Ulster alone, that made during that year 600,000 barrels of this
article. It is also manufactured in several places along the line
of the western canal, and used in building and repairing its locks
and sluices and for shipment abroad; and in the town of Waddington
in the county of St. Lawrence, they annually turned off $40,000 worth
of this cement. Immense quantities were used in the construction
of the Victoria bridge at Montreal, and New York furnished the article;
while inexhaustible quantities of the raw material lay undisturbed, in
convenient proximity to our wharves.
Thewhite carbonate of lime lies next
east of the water line, and from 3 to 5 miles from the lake; and
also extends through the county. This has been burned into
quick lime, and used to meet the home demand, since the first settlement
of the country; and now, since the rail roads enable it to find a
more distant market, it has become an article of considerable commerce
with the interior and eastern parts of the state, New Hampshire and
Massachusetts. It is not merely used for building purposes,
but is sought as the most desirable material for bleaching cotton fabrics;
and is sent to the various manufacturing towns for that purpose.
The demand will be likely to keep pace with the business of the country,
and this indespensable article of consumption, will always afford
a source of production to the county.
The county of Chittenden has also inexhaustible
deposits of white and variegated marble. These quarries may
furnish employment to a large number of hands, and be made a source
of industry and production, more extensive than any other in the
county, with the exception of its agriculture. Indeed there is every
reason to believe, that our advantages in the quality and variety of our
marbles, are superior to those of any other county in the state.
And while Rutland county turns off annually an amount, that brings
over a million of dollars in return, our quarries, both white and
variegated, not surpassed in richness and beauty by any in the world,
lie wholly neglected. And there are very certain evidences that
roofing slate, to any desirable extent, may be obtained by making the necessary
appliances for quarrying and preparing it.
With the above sources of industry,
the county may also avail itself of the manufacture of iron in its
various forms, from ore shipped from Port Henry and Peru; which may
be worked by steam at the wharves at Burlington, or by water at the
lower falls of the Winooski or Lamoille rivers, with equal facility and
advantage as at the falls of the Ausable at Keesville. Mineral
coal, now extensively used for smelting iron and working both iron
and steel, together with the ore itself, may, certainly, be landed
as cheaply at any of the above places, as at Keesville, with their
heavy expense of cartage from the wharf at Port Kent.
How interesting it would be to the
county of Chittenden, to see these several sources of industry and
wealth, in a state of successful development; and hundred of industrious
artizans and laborers employed in the work. While these facilities
for business lie dormant, only a part of the county is represented, as
it were, on the credit side of its stock account. The revenue
of county may be immensely enhanced by a reasonable application of
enterprise and capital from our own citizens directed to the unfolding
of our natural resources; but so long as capital seeks investment
abroad, and the sinews of business are drained from the county, just
so long these elements of wealth and industry will lie neglected at our
feet. By comparing the census of 1850 and 1860, we can very
readily see the effect of this suicidal policy, as we notice that
the population of the county is 865 less than it was 10 years ago.
Our pure air and water, so congenial to activity and health, and
the opening of new and additional sources of enterprise, should keep our
young men at home. where in the wide world does the rich variety
of natural scenery tend more to elevate the soul to a sense of personal
freedom and independence, and inspire it with the associations and
contentments of home, than in Vermont? Yet our young men week
the western prairies, and often set themselves down in an abode of
malaria, and of eternal sameness at every point of the compass, to find
employment.
It may be added that we have in every
town in our county one or more villages, of neat New England aspect,
with their churches, school houses, post offices, stores, mils, mechanic
shops, and houses of entertainment. These villages are connected,
moreover, by safe and pleasant public roads, the result of continual
labor and improvement, since the first settlement of the county.
And, indeed, so numerous are the public highways that traverse the
county, that every facility desired is afforded to the inhabitants,
in all their business relations and intercourse with each other.
And the inconvenience of opening roads in a new country is here substantially
overcome.
In turning from the natural resources
to the civil history of the county, we find that the territory
embraced within the present boundaries of the county of Chittenden
forms but a small part of the territorial limits of the earlier county
jurisdictions, that held authority over us. The counties of Albany
and Charlotte, under the authorities of New York; and Bennington,
Rutland, and Addison under the laws of Vermont, have in turn extended
their jurisdiction over this section of the state--and last of all,
after the county of Chittenden was first incorporated, its liberal
proportions were divided and subdivided, until we were narrowed down to
the speck of earth that bears that honored name. And it may not be
wholly destitute of interest or utility at the present time, to fling
into a condensed and tangible form, the original outlines of these
successive county jurisdictions, within which the county of Chittenden
has, from time to time, been included.
Under the broad charter granted to
the Duke of York, the state of New York claimed the Connecticut river
as her eastern boundary; and up to July 3, 1786, when the county
of Cumberland was incorporated upon the east side of the mountain,
the old Dutch county of Albany claimed east to Connecticut river; or to
be more definite, as far east as there were any Christian inhabitants [see
act of New York legislature, Oct. 1, 1691, in which the boundaries
of Albany county were described as follows: "The manor of Rensellaerwick,
Schenectady, and all the villages and neighborhoods and Christian
plantations on the east side of Hudson river, as far as Roeloffe
Jansen's creek; and on the west side from Sawyer's creek to the uttermost
end of Sarahtoga." Roeloffe Jansen's creek empties into the Hudson
from the east nearly opposite Kaatskill.] She was bounded on
the north by New France; but previous to the treaty of Paris, and
the proclamation of George III, establishing the southern boundary
of the province of Quebec, she was in doubt whether her northern
boundary extended farther north than the French outposts and settlements
at Crown Point and Ticonderoga; but the establishment of the 45th
parrallel as the southern boundary of the province of Quebec, and the northern
boundary of New York, fixed her limits at the north. Her western
boundary extended to the Delaware river, and in the direction of
western New York, as far as white people resided. And her southern
boundary was designated by a line stretching across the entire state,
from the west side of the colony of Connecticut to the Delaware river;
commencing near the northwest corner of Connecticut, crossing the
Hudson about 2 miles north of the mouth of Esopus creek, and thence
in a direct line to the Delaware river, at the northeast corner of Pennsylvania.
This immense territory of course embraced
the county of Chittenden; and Albany being the shire town, and most
northerly seat of justice in this great wilderness, naturally extended
her court jurisdiction over the territory; not so much in obedience
to any positive enactments on the subject, as from the necessity
of administering justice to all, who were not otherwise provided for.
Thus we have it recorded, that during the controversy between New
York and New Hampshire grantees, numerous writs of ejectment, executions,
and other legal processes, were issued out of, and made returnable
to the courts at Albany; and were served, or at least were attempted
to be served, by the sheriffs of this great but somewhat indefinite
county.
As may be inferred, her excercise of
county jurisdiction over Vermont, was not acknowledged as lawful
by the settlers under New Hampshire; under which state they held
their titles and to which they owed their allegiance; and instead of
obeying their writs and going down to Albany to seek justice at the hands
of their enemies and pre-judgers, they chose rather to depend upon
their own limited means of self defence, and courage, for the adjudication
of their rights.
New York, however, persisting in her
right of jurisdiction over them, and finding a practical difficulty
in the execution of the duties of her magistrates and sheriffs, and
especially, "that offenders may be brought to justice, and creditors
may recover their just dues;" proceeded March 12, 1772, to erect a new
county of Albany. At the same time she had proceeded to erect
the county of Gloucester on the east side of the mountain; and had
also as before seen, erected the county of Cumberland. The
county of Cumberland embraced the present counties of Windham and
Windsor, with New Hamstead (now Chester) as the shire town; and
the county of Gloucester extended from the county of Cumberland north to
the province line, with Kingsland (now Washington) as the shire.
The boundaries New York allotted to
the county of Charlotte as laid down by the charts of the authorities
of that state, purporting to be compiled from actual survey now before
us, commenced on the Green mountain range near the southeast corner
of the present township of Winhall, thence northerly in a direct
line to a point at the east base of Camel's Hump mountain, thence northeasterly
direct to the south end of Lake Memphremagog and on in its course to the
province line, which it interesected a few miles east of the lake
in the township of Derby; thence due west to the St. Lawrence river,
which it struck near the Indian village of St. Regis; thence southerly
in a straight line to the Mohawk river, about 10 miles above Schenectady;
thence down the Mohawk to the Hudson, up the HUdson to the mouth
of Batten kill, and up the Batten kill, following the south branch to a
point near its source, to the southwest corner of the old town of
Princeton, as chartered by New York; thence to the southeast corner
thereof; and thence in a direct line to the place of beginning.
It will be seen that this additional
set off from the old county of Albany, had in itself very liberal
proportions; and it requires search to find that fraction of it which
forms the present county of Chittenden. But time and events change
together, and on modern charts we find that the great county of Charlotte
is not found, and the little county of Chittenden is distinctly marked.
While we formed a part of the county
of Charlotte, Skenesborough (now Whitehall) was made our shire town;
a rather poor exchange for the venerable and famous city of Albany--and
on the organization of the county of Charlotte, Philip Skene, the
arch tory, was commissioned by his majesty the king, as the first chief
judge of our court of common pleas. But so numerous were the rioters,
as the N. H. grantees were styled, who sought freedom not only from
the tyranny of New York, but of the king, that it made the Skenesborough
rather an unsafe place for a hostile court to set in. Its proximity
to these rioters, with the Bennington mob hanging upon their southern
flank, became a source of alarm to the royal magistrates of Skenesborough;
and they made application to Gen. Haldimand, then commander in chief
of his majesty's forces in New York, for a military force to protect
them. Gen. Haldiman very quaintly replies: "That the idea,
that a few lawless vagabonds can prevail in such a government as
that of New York, as to oblige its governor to have recourse to the
regular troops to suppress them, appears to me to carry with it such
reflection of weakness, as I am afraid would be attended with bad
consequences, and render the authority of the civil magistrate when
not supported by the troops, contemptible to the inhabitants." On
receipt of this discouraging, and in no wise very flattering dispatch,
the court without any unnecessary delay was removed from Skenesborough,
"to be held annually in the county of Charlotte at the house of Patrick
Smith esquire, near Fort Edward; on the third Tuesdays in the months
of October and May." This retreat from the advanced post of
judicial warfare, set up among those who had honestly bought and
once paid for their lands, with a view to drive them from their homes and
means of subsistence, for the benefit of New York land speculators, was,
no doubt, wisely made--but on prudential considerations alone.
And it seems evident, that even Gen. Haldiman, unlike James Buchanan
in the Kansas controversy, was not for settling questions of law,
between the provinces of New York and New Hampshire, by military
force. The court for the county of Charlotte, however, after
finding a resting place in a better disposed neighborhood, held its first
session, at Patrick Smith's, on the third Tuesday of October, 1773.

There was no time when the civil power
of the county of Charlotte was acknowledged by the settlers under
New Hampshire; and it was so feeble as hardly to be known as a living
power. In addition to the refugee court, however, there were
several justices of the peace, appointed under the authority of New York,
who resided in the county; and when any of these attempted to exercise
their powers as magistrates, they were chastised and driven off by
the settlers. Indeed, the settlers under New Hampshire took
law and justice into their own hands, in spite of the civil magistrates
and sheriffs of the county of Charlotte, or any aid they could bring
to their assistance. This is clearly shown by the arrest and trial
of civil magistrates and their abettors, as abundantly appears in
the historical records of those times: such as the case of Benj.
Hough, a justice of the county, who was brought to trial before what
Ethan Allen was pleased to style the judgment seat, convicted of
course, and sentenced to the ordinary punishment of the beach seal
and banishment from the territory; which sentence was carried into effect;
also of Dr. Adams of Landlord Fay's sign-post and catamount notoriety;
and the punishment and driving off of many other persons; and the
breaking up of the settlements of Durham, Socialborough, and other
places on Otter creek, held under New York titles--all which incidents
followed each other, with similar demonstrations in the chasing and
driving off the surveyors and other functionaries, who presumed to
act under the authority of New York. These bold and energetic
measures of the N. H. grantees, virtually extinguished the jurisdiction
of Charlotte county over them, and resulted in the notion that they
were capable of establishing and maintaining a govenment of her own, as
the best method of settling the question of jurisdiction between
New York and New Hampshire. [To keep up a show of jurisdiction
over this section of the country, the state of New York, however,
as late as March 7, 1788--even after the county of Chittenden was
incorporated--passed an act rebounding the counties of Cumberland
and Gloucester, and dividing the county of Charlotte into two counties,
by the name of Washington and Clinton. We then, under New York
authority, formed a part of the county of Clinton--but that authority was
a dead letter. See Statute Laws of New York, 11th session,
pp. 133-136.]
After this resolve of the grantees
had been acted upon in a convention of delegates, chosen by the people,
and the disputed territory had been declared a free and independent
state, under the name of Vermont (Jan. 16, 1777) and separate
state government initiated, the new legislative body proceeded to divide
the state into counties, without regard to any previous county organizations
under New York. On the 11th of February, 1779, they divided
the state into two counties, Bennington on the west, and Cumberland
on the east side of the mountain; both extending from Massachusetts
to the province line. Bennington was bounded on the west by
the west line of the state up to the line of Canada; thence east on said
line 50 miles; "thence southerly in a direct line to the north east corner
of Worcester; thence southerly on the east line of Worcester, Middlesec
and Berlin, to the south east corner thereof; thence on a straight
line to the north west corner of Bradford (Barnard); thence
in the westerly line of Bradford and Bridgewater, to the south westerly
corner thereof; thence southerly in a straight line to the north east
corner of Shrewsbury, and thence to the south east corner thereof; thence
west to the north east corner of Wallingford; thence southerly on
the east lines of Wallingford, Harwick, Brumley, Winhall, and Stratton,
to the south easterly corner of the latter; thence southerly to the
north west corner of Draper; thence southerly in the west lines of
draper (now Wilmington), and Cumberland (now Whitingham),
to the north line of the Massachusetts bay;" and Bennington and Rutland
were constituted half shires of the county.
We were only two years under the jurisdiction
of Bennington county, before we were separated from our good cousins
there, with whom we had been associated in so many hard trials.
We cherish as a part of our own history, how the Bennington boys
rescued our brave Baker from the hands of New York kidnappers; and
how many of the first settlers of Chittenden county were made up of those
intrepid men, who stood together in the defence of their persons and property
at Bennington, against proclamations, posse comitatus, words and
bayonets, gus, pitchfords, and various other implements of war, both
of paper and steel; the same men who fought shoulder to shoulder,
also, with the enemies of our common country at Willoomsuck, in the
defence of their wives and children, and firesides, reaping the victory
and joy together. We cherish, also as part of our history, how
our own Ira Allen, the youthful poineer of chittenden county, and Thomas
Chittenden, one of our earliest settlers in the county, and first governor
of the state, the latter the head, and the former the sould of the
old council of safety, labored with their brethren in the county
of Bennington, for the protection of the people, and the independence
of the state. How for many a day, month, and year, they worked
together, in that original self-created body, with no fixed government,
or code of laws, for their guide; but acted, and acted justly too, on the
time honored maxim of the Roman law, Salus populi suprema lex; arbitrary
and despotic as it was--a maxim as sound to day, in the cabinet at
Washington in its efforts to preserve the safety of the Union, as
it was in the days of Justinian, or in the the council chamber at
Landlord Fay's in Bennington, in the days of the Revolution.
With all these early associations,
it may well be supposed, that we parted reluctantly with our Bennington
friends--but like other young adventurers, we had gained sufficient
strength to set up for ourselves, and consequently left the old homestead.
The inhabitants of Otter creek, the lake shore, and Onion river, in
short, all of the people residing on the west side of the mountain north
of the present county of Bennington, united in applying for a new
county at the October session of the legislature of Vermont, 1780,
to be called the county of Washington.
At that same session of the legislature,
a bill was drawn up and presented to the house, defining the boundaries
of the county as follows: "The territory or district of land
hereafter described (viz): beginning at the south west corner of
Pollet; thence north on the west line of this state to latitude 45 degrees;
thence on Canada south line to the north west corner of the county
of Gloucester (formerly known by the county of Cumberland);
thence south on the Bennington county line (formerly so called) to the
north east corner of the town of Bromley (Peru); thence west
to the first mentioned bounds; to be known and called by the name of
Washington." The bill passed Nov. 8, 1780, both by the assembly and
council, but under the recommendations of the council it was to be
printed, and not put upon record, until after the next session of
the assembly. At the next session of the legislature holden
at Windsor, a new bill was passed, Feb. 13, 1781, by which the name
of Washington was changed to Rutland.
The old county of Rutland as described
in the above boundaries kept itself together for 4 years, 8 months,
and 5 days; during which time the courts were held at Tinmouth.
It was during this period that Abraham
Ives, the sheriff of the county of Rutland, sold such large quantities
of land at public vendue, for the collection of taxes; and many titles
in the county of Chittenden are now held under that sale. The
sale was made in a very loose and imperfect manner, hardly in any respect
answering the formalities and requirements of the law; yet from the necessity
of the case, the court determined to establish the sale as valid,
and it became the origin of the title to a vast amount of land, on
the west side of the mountain. The population of the county
of Rutland continued rapidly to increase, especially along the streams
and borders of the lake, up to the province line; and the convenience,
as well as the interest of parties, required a more economical mode of
settling their disputes, than making a semi-annual pilgrimage, with
their lawyers and witnesses, to attend the trial of their causes
at Tinmouth. To obviate this difficulty and meeet the
reasonable requirements of the increasing settlements at the north, the
legislature of the state on the 18th of October, 1785, dismembered the
old county of Rutland of most of its territory, and incorporated
a new county, by the name of Addison.
The boundaries of the county of Addison
as described in the above act are as follows: "Beginning at
the north west corner of the township of Orwell; thence running eastwardly
on the noth line of Orwell, Sudbury, Brandon, and Philadelphia, and
then so far east as to intersect the west line of the first town that
is bounded in its charter on some town or towns which are dependent for
their original bounds on Connecticut river; then northerly in the
westwardly line of the several towns that are dependent on Connecticut
river as aforesaid, to the south line of the province of Quebec,
which is the north line of this state; then westwardly on said line
through Missisquoi bay, &c., to the centre of the deepest channel
of Lake Champlain; then southwardly in the deepest channel of said lake
till it intersects a west line from the north west corner of said Orwell;
then east to the bounds began at." [Note: See act
of October 18, 1785, in the office of the secretary of state.
Dr. Williams and Prof. Thompson, in their respective histories of
Vermont, give the date of the incorporation of Addison county Feb. 27,
1787, instead of Oct. 18, 1785--in other words they took the revised
act of 1787 as the original act of incorporation in this case.
As well might they have given the same date to the counties of Bennington,
Windham, Windsor, Orange, and Rutland. As to Addison, the error
which originated with Dr. Williams doubtless arose from the fact, that
the act of 1785 did not come to his notice; and he mistook the act
of 1787 as the first act incorporating Addison county, whereas it
simply modified and defined the boundaries more clearly, and reorganized
the counties already formed. Mr. Thompson assumed the data
of Dr. Williams as correct; and did not discover the mistake until
after the publication of his reference to pre-existing counties, and
purports to divide the state into six counties, three upon the east and
three upon the west side of the mountain; whereas all of said counties
had been previously chartered.]
The west line of the towns dependent
on Connecticut river, also formed the west line of the county of
Orange, as then established; except Rochester, which lay in the northwest
corner of Windsor county. soon after, by the act of Feb. 27, 1787,
the counties were rebounded, and this line was better defined. It
was then described as passing along "the west line of Rochester,
Kingston (now Granville), Roxbury, Northfield, and Berlin
to Onion river, then up Onion river about 1 1/2 miles to the southwest
corner of Montpelier; then north 36º east in the west line of
Montpelier, Calais, Woodbury, Hardwick, and Greensborough, to the northwest
corner thereof, and then in the most direct course on town lines to the
north line of the state."
By the act incorporating Addison county,
the towns of Addison and Colchester were made half shires, and the
courts were to be held on the 1st Tuesday of March and 2d Tuesday
of November. The act made special provision for the organization
of the county, by making it the duty of the governor and council "to
appoint the county officers and commissionate them for the time being,"
and limiting the number of judges to three instead of five as required
by the act of 1781. John Strong of Addison was appointed chief
justice, Gamaliel Painter of Middlebury and Ira Allen of Colchester,
assistant justices, Noah Chittenden of Jericho, sheriff, and Samuel
Chipman, Jr., of Vergennes, clerk; and no states attorney of record--and
the first court was held at Addison on the 1st Tuesday of March 1786.
This appointment of county officers
and organization of the court, was a mere temporary measure, to supply
the vacancy up to the following March, when the people would elect
their own county officers, under the general law; and but one term
of the court intervened (the 1st Tuesday of March, 1786), which
was held just three weeks before the new judgees and county officers
were elected, which election took place at the annual March meeting,
then held on the last Tuesday of March. At the meeting in march,
1786, the act of 1781, requiring five judges, was still in force;
and they proceeded to elect John Strong, chief justice, William Brush,
Hiland Hall, Abel Thompson, and Samuel Lane, assistant justices; and Gamaliel
Painter sheriff; Roswell Hopkins was appointed clerk; and at this term
also there was no states attorney; and the second term of Addison
county court was held by the newly elected judges and county officers,
at the dwelling house of Capt. Thomas Butterfield, in Colchester,
on the 2d Tuesday of November, 1786--this being the first county
court held within the limits of Chittenden county.
The third and only remaining term of
Addison county court while we remained a part of that county, was
holden at Addison on the second Tuesday of March, 1787, where the
same judges held their seats, and Seth Storrs was appointed states
attorney; but there were no more elections of judges by the people.
By the new constitution as adopted July 4, 1786, by the convention
holden at Manchester, and ratified by act of the legislature of March
8, 1787, it became the duty of the general assembly and council to
elect the judges of the supreme and county courts, sheriffs, judges
of probate, and justices of the peace; limiting the number of judges
both of the supreme and county courts to three, and fixing upon the 1st
day of December, 1787, and annually thereafter, as the time for the
county offices to expire. And by a special act of the same
date, "the county officers, then in office, or to be appointed for
the remainder of the ensuing year, were to continue in the exercise
of their said offices until the 1st day of December next."
As we notice the complications this
network of legislation and change presented, it is not strange that
an apparent mystery should hang over the history of our first Addison
county courts. The puzzle as to the holding of those courts
before there was a county, and the jumble of judges, both in their time
of office and numbers, have, however, had no foundation in fact;
but have arisen from errors in dates, in our state histories.
But our connection with the county
of Addison only continued for the term of two years; and Colchester
had not the honor of holding the courts of that county but one term.
Before the next stated term, at colchester, the county of Chittenden
was set off from Addison and incorporated into a distinct county, Oct.
22, 1787. It then embraced all ther territory between the north
lines of Ferrisburgh, Monkton, Bristol, Lincoln, and Warren, and
the province line, was bounded on the west by the west line of the
state, which followed the deepest channel of the lake, passing east
of the Four Brothers, and west of Grand Isle, and Isle la Motte, and on
the east by the west lines of Northfield, Berlin, Montpelier, Calais,
Woodbury, Hardwick, and Greensborough to the north west corner thereof,
and then in the most direct course on town lines to the north line
of the state. By the same act provision was made "that the
supreme court be held on the first Tuesday of August, and the county
courts on the last Tuesday of February and second Tuesday of November,
annually, at Colchester in said county for the time being." It also
provided further, "That all causes now pending, or writs that have
been or may be served, until the 4th day of November next, returnable to
the county court of Addison county at Colchester, be returned, heard,
and determined at the term of the court to be holden at Addison,
on the 2d Tuesday of November next. And all causes appealed from
Chittenden county, shall be heard and determined by the supreme court in
Addison county, until the further order of the legislature.
The next fall, however, this last clause
of the act was repealed by the passage of an act Oct. 21, 1788, restoring
the supreme court to the county of Chittenden, with all actions and
appeals from this county, pending in the county of Addison, to be
heard, tried, and determined in said court, to be holden at Colchester,
and fixing the stated terms of the court on the 1st Tuesday of August
annually. The supreme court held two annual sessions in Colchester,
commencing with August term, Nathaniel Chipman presided as chief
justice, and Noah Smith and Samuel Knight as assistant justices;
and at the third term held at Burlington, Elijah Paine was chief
justice, and Samuel Knight and Isaac Tichenor assistant justices.
The county court held six terms at Colchester, commencing with the
February term, 1788; the four first terms (1788-1789), John
Fassett, Jr., of Cambridge, presided as chief justice, and John White
of Georgia, and Samuel Lane of Burlington, assistant justices, John
Knickerbacor, clerk, Noah Chittenden of Jericho, sheriff, Samuel
Hitchcock of Burlington, states attorney. John McNeil of Charlotte,
was judge of probate, Isaac McNeil, register, and Stephen Lawrence
of Burlington, county treasurer. The next fourt terms of the
court, the two last held at Burlington, at the inn of Gideon King
(1790
and 1791), John Fassett, Jr. presided as chief justice, and John
White and John McNeil assistant justices, Martin Chittenden, clerk, Stephen
Pearl, sheriff, Samuel Hitchcock, states attorney for 1790, and William
C. Harrington for 1791, Col. Jon. Spafford, county treasurer; and
the county still retaining its original limits, which extended over
the counties of Grand Isle, Franklin Lamoille, and parts of Washington
and Orleans, had been divided into three probate districts, and Matthew
Cole of Richmond, Jonathan Hoyt of St. Albans, and Timothy Pearl
of Burlington, were appointed judges of probate, in their respective
districts.
The first jury trial in the county
of Chittenden after its organization, ws at the February term of
the court, 1788, being an action of trespass quare clausum fregit,
in favor of John Collins vs. Frederick Saxton; in which case David Stanton,
Jonathan Bush, John Doxy, Alexander Gordon, John Martin, John Chamberlin,
John Fisk, David Whitcomb, David Warren, Eben. Barstow, Wm. Smith, and
Allen Hacket, were empaneled as jurors.
By special act of legislature, passed
Oct. 27, 1790, the courts were removed from Colchester to Burlington--fixing
the session of the supreme court on the 4th Tuesday of August, and
the county court on the last Tuesday of February, and last save one
in September. The county officers continued the same up to February
term, 1794, when Martin Chittenden took his seat as one of the assistant
justices in place of John White, and Solomon Miller was appointed
clerk, which office he held for the next 18 years in succession (save
the year 1808 by William Barney), to his credit as a very accurate
and efficient officer. And until 1794, the same judges of the
supreme court presided.
In the meantime the county of Chittenden
had grown so much in its business and population, that it became
its turn to be cut down in its territory; and on the 5th of November, 1792,
a new county on the north was incorporated, by the name of Franklin.
[Franklin county was not organized until 1796.] The line that
separated Chittenden from Franklin county, commenced "on the west line
of Orange county (as then established), at the north east corner
of Worcester; thence westerly on the north line of Worcester, Stowe,
Mansfield, Underhill, Westford, and Milton, to the waters of Lake
Champlain; thence across to the north of South Hero by the deepest
channel between that and North Hero; and thence on to the west line
of the state." But the act that removed the courts to Burlington,
did not make that place the permanent shire of the county; and after
the division of the county as above, it seems that there was a controversy
on the subject of locating the county town and buildings. To
settle the question, a special act of the legislature was passed
Nov. 4, 1793, "appointing Thompson J. Skinner and Samuel Sloan of
Williamstown, and Israel Jones of Adams, in the commonwealth of Massachusetts,
a committee to fix on the place for holding county and supreme courts in
the county of Chittenden; and to stick a stake, for the place of
building the court house." The decision of this committee resulted
in the establishment of the courts and court house at Burlington.
Since the permanent locations of the
county buildings, however, still further deductions have been made
from the original limits of the county. Oct. 20, 1794, Starksborough
was annexed to the county of Addison. Nov. 9, 1802, the county of
Grand Isle was incorporated, and the towns of Grand Isle and South Hero
and adjacent islands, were set off to form a part of that county.
In addition, the county of Jefferson (now Washington) was
incorporated Nov. 1, 1810, and the towns of Mansfield, Stowe, Waterbury,
Duxbury, Fayston, Waitsfield, Moretown, Middlesex, and Worcester,
were taken from the county of Chittenden, to form a part of that
county. In 1839, the west part of the town of Mansfield was annexed
to the town of Underhill, and reannexed to the county of Chittenden.
Thus after such a series of changes
from the old county of Albany--the first that claimed jurisdiction
over us--we have settled down at last to our present narrow limits,
comprising only 15 towns, all told.

[1]
In 1798, a petition was presented to the legislature of Vermont signed
by twenty chiefs, representing, as they said, "the seven nations
of Lower Canada Indians," among which were the Abenaquis and Coguahwaghahs,
in which they claimed all the land west of the Green Mountains and
between Ticonderoga and the province line. The Coguahwaghahs
originally formed a part of the Mohawks; but revolted from that tribe,
joined the French, and settled at the Sault St. Louis above Montreal.
If they had any claim it must have been under the Iroquois title; while
the Abenaquis claimed under the title of that nation who once inhabited
the whole country east of Lake Champlain, south of the St. Lawrence,
and embracing the northern part of New England. This would
seem to favor the idea, that the Iroquois--as Champlain represents
when he discovered the lake--might then have occupied this country
on its eastern border. If so, the Abenaquis must have gained
possession of it, and occupied it afterwards, until they joined their brethren
at St. Francis.
Their
petition to the legislature was rejected, on the ground that these
Indians had revolted from the English and joined France; and when the country
was ceded to the English by right of conquest, the title of these tribes
followed the fate of the surrender--and that the subsequent surrender
of the country by England to the United States, vested the property
in the state. But the Indians did not thereupon abandon their
claim, and have in several instances renewed their petitions since
[See
William's History of Vermont].
Transcribed by
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