VERMONT HISTORICAL MAGAZINE.

 

 

CHITTENDEN COUNTY.

 

 

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COUNTY CHAPTER.

 

 

BY HON. DAVID READ.

 

 

The county of Chittenden was incorporated by act of the legislature of Vermont, Oct. 22, 1787. It is bounded on the north by the counties of Grand Isle, Franklin, and Lamoille; south by the county of Addison; east by Lamoille and Washington; and west by the west line of the state, and the southerly part of the county of Grand Isle. In all our local histories, so far as noticed, the county is erroneously said to be bounded "on the west by Lake Champlain." By statute,* the western boundary includes "so much of Lake Champlain as lies in this state west of the towns in said county adjoining the lake, and not included within the limits of Grand Isle." The border towns, by their charters, were bounded "on the west by the lake;" and it seems that the legislature did not consider that they extended, by legal construction, to the west line of the state which passes along its main or deepest channel.

The county is situated between 44ー 7' and 44ー 12' of north latitude: and between 3ー 41' and 4ー 14' of longitude east from Washington. It has upon every side an irregular outline, formed by town lines on the north, south, and east: with an average length from north to south of about 26 miles, and from east to west, including the waters of the lake, of 23 miles and contains a land area of about 520 square miles.

A branch of the Abenaquis tribe of Indians, were the aboriginal occupants of this section of the country, previous to its settlement by the whites; and, indeed, they lingered upon their rightful soil, at the mouth of the Lamoille river and thence north along the Missisquoi bay, for a long while after the French and English had taken possession and commenced the settlement of the country to the north and south of them. They have not as yet wholly relinquished their claims upon the country; and although they left it and united themselves with the St. Francis tribe, another branch of the Abenaquis, who reside at the outlet of the St. Francis river on the St. Lawrence, they still claim an interest in the soil, and have repeatedly, and within a few years past, sent their delegates to the legislature of Vermont., to seek some compensation for their lands.** What time they left and joined their friends at St. Francis, is not fully known. After the settlement of the country, an Indian encampment and burial place were well distinguished near the mouth of the Lamoille river, together with a mound of large size, where the skeletons and bones of the race, buried in their usual sitting posture, were exhumed, and numerous arrow heads and other Indian relics found. And near this same place in Colchester, the remarkable urn or relic of Indian pottery, described by Prof. Thompson, and now in the cabinet of natural history in the University

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* See Revised Statutes of Vermont, 1839, pp. 68, 69.

** 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 Cognahwaghahs, in which they claimed all the land west of the Green Mountains and between Ticonderoga and the province line. The Cognahwaghahs 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 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 the 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 Williams's Hist. of Vermont, II, 282, 290.

 

 

 

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of Vermont, was also found.* If, however, the Abenaquis made that specimen of pottery, constructed in such perfect form, and so highly ornamented upon its exterior surface, there was a time when they far excelled in that useful art. The fact that this relic was found in the vicinity, affords no very certain evidence that it was the work of that race; but there is strong reason to believe that it must have been the work of a people far more advanced in the useful arts.

It appears that the Abenaquis claimed the country along Missisquoi bay, and sought to disturb the possession of the whites, as late as 1788. By the kindness of Henry Stevens, Esq., we have been furnished with a correspondence between Ira Allen, who then resided at Cochester, and Clement Gorselin of Pointe au Roche, Lord Dorchester, governor of the province of Quebec, and Lt. Col. John Campbell, "of his majesty's service," respecting the proceedings of these Indians, at so recent a date being even after the county of Chittenden was incorporated; and the settlement in question was then within its limits.

Gorselin, under date of Aug. 18th, 1786, writes to Allen to inform him that the Indians claimed the land on Missisquoi bay, and threatened to drive off the people, who had settled there, and destroy their possessions. Allen replies, Aug. 23d, 1786, that the French and Indians lost their claim in the French war, and the lands had been granted to the proprietors in 1763; that the Indians can have justice by applying to the courts in Vermont. Moreover, that the governor of the state had appointed Col. Eben. Allen of Grand Isle, to remove all unlawful intruders on the frontier, with a military force.

Allen procures the deposition of John Waggoner and Wm. Tichout, "June 21, 1788, before Thos. Butterfield, justice of peace for the county of Chittenden," wherein they state among other things, that an Indian named Capt. Louis of the St. Francis tribe, with about twenty men, came on to the Missisquoi river last October, "and hoisted a flag on a pole, drew their knives, threatened several of the inhabitants in a hostile manner, obliged the inhabitants to provide a dinner for them, claimed a right to the land, and took in a hostile manner 10 bushels of Indian corn from Waggoner, and about 15 bushels of potatoes from Tichout. The Indians also burnt and destroyed some fences; that in April last, the same Indians threatened to dispossess the subscriber John Waggoner, unless he would pay them one-quarter of all he raised on said land, as rent to them."

Allen enclosed the above deposition to Lord Dorchester, July 16th, 1788, and writes him the account of a similar occurrence about four years previous, when, he says, "the settlers were so exasperated as to be about to drive out the Indians by force, but had forborne on his request;" and asked the governor to take measures to prevent any further difficulty. And on the 7th of August, 1788, Allen also writes to Col. Campbell on the same subject, remarking: "if the Indians would behave he had no objection to their hunting and fishing on the land."

Col. Campbell thereupon addresses a letter to Sir John Johnson, "Bart., Supt. and Inspector General of Indian Affairs," dated, Montreal, September 5th, 1788, in which he says, "that he had called the Indians before him, and they confessed they had been on Missisquoi bay; and always travel with their colors and display them at their encampment, wherever they happen to be, as a mark of their attachment to their Great Father the King of England. Though they had the mortification to find Waggoner, Tichout, and others, on their lands, yet they neither drew knives or committed any irregularities; confident that their father would do them justice therein." That "they were but 9 men, a boy, 11 women, and 8 children on the breast, in number;" and that the Indians appealed to John Hilliker, neighbor to Waggoner and Tichout, who was their interpreter, to prove what they had said. Lord Dorchester, October 11th, 1788, transmitted a copy of the above letter to Ira Allen, for his examination. Capt. Louis was styled the Abenaqui chief, in the foregoing correspondence.

With the preceding there is a lease before us, from the papers of Mr. Stevens, executed in 1765, by a number of these Indians, which establishes the fact beyond question, that they were a branch of the Abenaquis tribe, or as they styled themselves, "the Abenackque nation of Missisque;" who occupied, and, to some extent, cultivated the lands, at that time, on the Missisquoi bay and river. As the lease is of historical interest, it is here given at length, except the formal repetitions in it:

"Know all men by these presents, that

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* Thompson's Hist. of Vermont, 207.

We take pleasure in acknowledging here, once for all, our indebtedness to Mr. Stevens for several documents and facts referred to in this article.

 

 

 

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we, Daniel Poorneuf, Francois Abernard, Francois Joseph, Jean Baptiste, Jeanoses, Charlotte, widow of the late chief of the Abenackque nation at Missisque, Mariane Poorneuf, Theresa, daughter of Joseph Madril, Magdalaine Abernard, and Joseph Abomsawin, for themselves, their heirs, and assigns; do sell, let, and concede unto Mr. James Robertson, merchant, of St. Jean, his heirs, and assigns, for the space of ninety-one years from the twenty-eighth of May, 1765, a certain tract of land lying and being and situated as follows, viz: being in the bay of Missisque on a certain point of land, which runs out into said bay and the river of Missisque, running front the mouth up said river near east, one league and a half, and in depth north and south, running from each side of the river, sixty arpents, bounded on the back of the aforesaid bay and at the end of the said league and a half to lands belonging to Indians joining to a tree marked; on the south side of the river said land belonging to old Abernard; and on the north side of said river to lands belonging to old Whitehead, retaining and reserving to the proprietors hereafter mentioned, to wit: on the north side of said river five farms belonging to Peirre Peckinowax, Francaise Nickowiget, Annus Jean, Baptiste Momlock, and Joseph Compient; and on the south side of said river seven farms belonging to Towgesheat, Cecile, Annome Quisse, Innongaway, Willsomquax, Jean Baptiste the Whitehead, and old Etienne, for them and their heirs, said farms contain two arpents in front nearly, and sixty in depth.

"Now the condition of said lease is, that if the aforesaid James Robertson, himself, his heirs, and assigns, do pay * * * yearly rent of fourteen Spanish dollars, two bushells of Indian corn, and one gallon of rum, and to plow as much land for each of the above persons as shall be sufficient for them to plant their Indian corn every year, not exceeding more than will serve to plant one quarter of a bushell for each family, to them and their heirs and assigns: * * * * * * said Robertson to have the right to build thereon, and establish the same for his own use, and to concede to inhabitants, make plantations, cut timber of what sort or kind he shalt think proper;

 

* * * * * * * * * * * *

 

In witness whereof, we have interchangably set our hands and seals hereunto, this thirteenth day of June, in the fifth year of the reign of our sovereign lord, George the Third, king of Great Britain, France, and Ireland, and in the year of our Lord 1765.

 

DANIEL POORNEUF, [L. S.]

FRANCOISE JOSEPH, [L. S.]

JEANOSES, [L. S.]

MARIANE POORNEUF, [L. S.]

MAGDELANE ABERNARD, [L. S.]

FRANCOISE ABERNARD, [L. S.]

JEAN BAPT , [L. S.]

CHARLOLLE, [L. S.]

THERESA, Daughter of Michel, [L. S.]

JAMES ROBERTSON. [L. S.]

 

Witnesses present:

EDWARD SIMONDS,

PETER STANLEY,

RICHARD McCARTY.

 

The lease was properly authenticated, and "recorded in the English register, letter A, folio 179, in the register's office of enrollments for the province of Quebec. George Powell, secry's regis't."

At the given date there was a Jesuit mission and church among these Indians, who from their names were evidently baptised or christianized; and they continued here up to the time of the Revolution, and some of them later.

It is evident that the French, before the conquest of Canada, were the first civilized occupants of the county of Chittenden;* and during the period of the French wars, they and their Indian allies, made this point one of the chief rendezvous of their hostile excursions against the English settlements, in the valley of the Connecticut. It was through here they generally led their captives and carried their plunder their usual route both in going and returning was along Missisquoi bay and Winooski river; crossing the short carrying place between the river and Mallet's bay. It was along here the suffering captives from Deerfield, in the dead of winter in 1704, were led on their way to Canada where the lad Enos Stevens, son of Capt. Phineas Stevens the brave defender of Charlestown No. 4, and father of Henry Stevens, Esq., our distinguished antiquarian neighbor was carried captive into Canada in 1748; and on the east shore of Missisquoi bay the year previous, where Mrs. Jemima Howe, whose narrative is of school-boy notoriety, found her young son Caleb, perishing with hunger. In 1709, moreover, a skirmish took place on Onion river, between a party sent out from Mass. to watch the movements of the enemy,

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* See History of Colchester in the next number of this magazine,

 

 

 

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and a party of French and Indians, in which Lieut. John Wells and John Burt were killed; their surviving associates, however, drove the enemy and pursued them to the lake, where another skirmish ensued, and several of the French and Indians were killed in turn.* These, with other incidents of a like kind, when brought to mind, serve to contrast the present populous and highly cultivated condition of our county, with the dark and savage wilderness that then brooded over it.

The first English occupants, who were known to settle in the locality, were Ira Allen and Remember Baker. They explored the country along the Winooski river, in the fall of 1772; and came into the county to reside the spring following. Baker brought his family with him; and Allen, being then a single man, resided in the family of Baker who was his uncle. They made their pitch at the lower falls, on the Winooski river; where, as a matter of security against the Yorkers and Indians, who at that time they held in equal enmity, they constructed a block house or fort, which they christened with the defiant name of Fort Frederick, and in which they lived.

About the same time, two Germans settled on Shelburne point, claiming under New York titles: "who" says Allen, "had the appearance of peaceable men, and on their promise to behave, were suffered to remain undisturbed." Prof. Thompson speaks of these men, in his History of Vermont, by the name of Logan and Pettier; and that "two points of land extending into Lake Champlain" were named after them respectively. We have before us the original field book of Ira Allen, of his first surveys on Onion river, and the lake shore, in 1773 being the same year he removed into the country. He scaled the lake shore that summer, from the mouth of the Winooski river to the mouth of the La Plotte, at the head of Shelburne bay; and in the course of his observations he calls Shelburne point Arkley point, and a house then there Lodawick's house.

On reaching the point now known as Rock point, he there takes observations to the islands, &c., and says: "to Ackley point is S. 15ー W. to Shugar loaf (Rock Dunder?) is S. 24ーW. to Juniper island is S. 36ー W." He then passes along on the beach "E. 29ー S. 105 rods to station B. to Arkley's point is S. 21ー W. to Shugar loaf is S. 30ー W., to Juniper island, east end, is S. 42ー W. to the Four Brothers, is W. 37ー S." When he had passed Burlington bay and came to Red Rock point, he speaks of it as "east of Arkley point and had a rocky bold shore." After sailing around it, and passing along the beach he made another station 27, 30 chains south of a brook (Louis creek?), and from there, he says: "to Arkley point, is N. 36ー 41' W. to Lodawick's house is N. 77ー 30' W. Shugar loaf and Juniper island are just to be seen by Arkley point." He then passes on, and took several more observations to the house on the point, until he arrived at the mouth of La Plotte river, where he terminated his survey.**

At the commencement of the Revolution, about forty families had settled upon the lake shore, and along the Winooski river, including the family of Mr. Brown on Brown's river in Jericho. Among those early settlers are the familiar names of Thomas Pierson, Moses Pierson, Simon Tubbs, John Collins, Stephen Lawrence, Frederick Saxton, Ira Allen, Remember Baker, Joseph Brown, Thomas Rood, Samuel Messenger, Thomas Chittenden, John Chamberlin, Jonathan Spafford, and Amos Brownson. But on the defeat and fall of Gen. Montgomery at Quebec, and the retreat of the American forces under Gen. Sullivan, from Canada, in the spring of 1776, all except Brown left their possessions and fled south among their friends for security, The wisdom of this abandonment of the settlement, during hostilities with the mother country, was made manifest by the fate of Brown and his family; who, trusting to his fancied security in the seclusion of his position so far from the lake and the ordinary path of the enemy was taken by a party of Indians, and carried into captivity. It is not certain, however, that the settlement would have been abandoned, had not the troops, who were stationed on Onion river for the protection of the inhabitants, left their post, and exposed them to the depredations of the enemy, without any means of defence. These troops were stationed at a block house in Jericho, on the river in the south west part of the town, and were under the command of Capt. Fassett, then holding a commission, and acting under

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* Hoyt's Indian Wars. Hall's History of Eastern Vermont, 12.

Thompson's History of Vermont, Part III, 160, Shelburne.

Sharpshins.

** If Logan and Pottier were the only persons on Shelburne point at that time, it is not easy to see how Ira Allen came by the names, "Arkley point," and "Lodawick's house." The north end of Shelburne point is known by the name of Pottier's point, and where, it is said, Pottier lived. Logan lived on a small point just north of Judge Meach's old place; and this point still bears his name; but it could not be seen by Allen in making the above survey.

 

 

 

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the orders of Gen. Gates; who had his head quarters at Ticonderoga. Matthew Lyon (afterwards known as the "Lyon of Vermont") held a lieutenant's command in the company, and it was said that he and the other subordinate officers of the company, in view of their exposed and dangerous position, induced the soldiers to desert it; which, however, Lyon always denied, casting the blame on Fassett and the other officers. Lyon went to Gates to make report that the soldiers had all left; whereupon he with the other officers were arrested, tried by a court martial, and cashiered for cowardice. When Lyon was afterwards in congress from this state, he was insulted by Roger Griswold of Conn., for wearing a wooden sword; which induced the personal affray on the floor of congress between those gentlemen, that occurred in 1798; and resulted in a vote for the expulsion of Lyon; but failing of a majority of two thirds, he retained his seat.*

On the return of peace in 1783, Stephen Lawrence was the first to return with his family, and during the same year most of the former occupants returned to their farms, and brought with them many new settlers; and the very great fertility of the soil, possessing all its native richness and strength, invited a rapid settlement of the country. At the end of eight years after the close of the Revolution (1791), the population within the present limits of the county of Chittenden, was 3,875; and in 1800, it was 9,395; more than one-third of the present population of the county it being in 1860, 28,171. It will be seen, however, that the ratable property of the county has increased in a much greater ratio, than the population; for we find on the first census, 1791, that the amount of ratable property returned was estimated in the aggregate, at $50,675.72, about $13 to each person man, woman, and child; while on the last census, 1860, the ratable property is estimated at the sum of $7,845,941, which is $278 to the person. It may also be noticed with interest, that the number of persons to each square mile in the county, in 1791, was 7 5/10; and in 1860, 54 2/10. That the ratable wealth to each square mile in 1791, was $97.47 and in 1860, $13,165.21. In 1791, Windsor was the most populous town in the state, containing 801 inhabitants now Burlington is the most populous, and contains 7,713 inhabitants; moreover, in 1791, Vermont was a slave-holding state; having returned 16 slaves on that census; but it was the last and only census that testified to the humiliating fact, that a resident slave treads upon the soil of Vermont.**

From the above figures we may plainly see how limited were the means of our fathers, and how severe must have been their toil, to open the country and make a beginning for the wealth and comfort of their children. But it should not be forgotten that they had a higher object than mere wealth and comfortable support; they looked forward to the more important advantages of social progress and political freedom; which have thus far been more than realized. But the result of the events that are now passing before us, must determine how much longer these highest of earthly blessings can be enjoyed. In turning to the topography and natural capabilities 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 912 feet above the level of the ocean; and Sugar Loaf hill 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

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* See American State Papers, I, 166, and post.

** Seybert's Statistical Annals of the United States, p. 35.

 

 

 

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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 soon, 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 mountain, 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 peen 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 horses, 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 forth from the 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 and 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 north to south parallel with the lake, and from east to west, along the Winooski river. They afford a surprising advantage to the farmer, over his old mode of transportation to market. Instead of a long and expensive journey to seek a market for his produce, the market now seeks him. Numerous depots and points of trade and 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,

 

 

 

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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 facilities 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 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 practicability of the scheme, and of its comparative economy of expense, when this will be accomplished. The increase of population and the progressive opening of the 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 to 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, marble, 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 crushed 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.

 

 

 

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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 satisfactorily 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 kilns 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.

The white 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 indispensable 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. The 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 Keeseville. 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 Keeseville, 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 hundreds 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 the 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 seek 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

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* Natural History of New York, part III., Mineralogy, p.78.

 

 

 

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neat New England aspect, with their churches, school houses, post offices, stores, mills, 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 wells 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.* 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 parallel 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 any 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 tended 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 the 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 exercise 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 on the west side of the mountain, called Charlotte, set off from the 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

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* 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 Saraghtoga."

Roeloffe Jansen's creek empties into the Hudson from the east nearly opposite Kaatskill.

 

** March 16, 1770.

 

 

 

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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 intersected 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 Battenkill, and up the Battenkill, 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 begining.

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; it 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 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 the 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 plate 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 at a living power. In addition to the refugee

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* The following curious record, verbatim et literatim, was entered upon the dockets of the court in this county, it being the last court held at Kingsland:

"Feb. 25, 1771. Set out from Moretown [Mooretown, named after Gov. Moore of New York now Bradford] for King's land, travelled until knight there being no road, & the snow very depe, we travelled on snow shoes or racats, on the 20th we travelled some ways & held a council when it was concluded it was best to open the court as we saw no line it was not whether in King's land or not, but we concluded we were far in the woods we did not expect to see any house unless we marched three miles within Kingsland and no one lived there when the court was ordered to be opened on the spot. Present John Taplin, judge; John Peters of the Quoram; John Taplin, Jr., sheriff. All causes continued or adjourned over to next term.

The court if one adjourned over until the last Tuesday in May next at which it was opened and after disposing of one case of bastardy, adjourned to August next.

JOHN PETERS, Clerk."

 

This also formed the east line of the county of Tryon at that time.

** Doc. Hist. of Hew York, IV, 844.

 

 

 

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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 government of their own, as the best method of settling the question of jurisdiction between New York and New Hampshire.*

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, and a 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, Middlesex, and Berlin, to the south east corner thereof; thence on a straight line to the north west corner of Tunbridge, and thence to the south west corner thereof; thence in a straight line to the north west corner of Bradford;** 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 on the west line of Somerset to the south west corner thereof; 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 the 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, swords and bayonets, guns, pitchforks, 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 the joy together. We cherish, also, as to part of our history, how our own Ira Allen, the youthful pioneer 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 soul of the old council of safety, labored

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* 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; Hall's Eastern Vermont, p. 555.

Jan. 16, 1777.

** Barnard.

Baker came from Bennington county.

 

 

 

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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 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 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 now 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 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 meet 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 north 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."

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* Record indorsed upon the bill: "In general assembly, Bennington. Nov. 8, 1780. The council having requested that the above bill might be printed, and not put on Record until after the next session of the assembly, it was accordingly passed. Attest Roswell Hopkins, Clerk."

** The writer acknowledges the receipt of extracts from the above act, showing its date, boundaries of the county, and special provisions, from Hon. George W. Bailey, secretary of state.

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

 

 

 

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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ス miles to the southwest corner of Montpelier; then north 36ー 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 judges 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 (March 8, 1787), "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 (then) 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 Ad‑

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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 an 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 work. The act of 1787 is drawn up, without any express 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.

* See State Papers, pp. 421-426,

** Credit is due to Dugald Stewart, Esq., clerk of Addison county, for this list of county officers.

After the county of Chittenden was organized the courts were held at the house of Ira Allen.

The clerks, states attorneys, and county treasurers, were appointed by the judges. See Statutes of February and March, 1787, published at Windsor by Hough and Spooner, p. 42.

 

 

 

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dison 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 the 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 aIso 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 1789. At this and the succeeding 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 (embracing the years 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 four terms of the court, the two last held at Burlington, at the inn of Gideon King (1790 and 1701). 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, was 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 the 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

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* Why Dr. Williams, and Prof. Thompson should give the date of the act incorporating Chittenden county, Oct. 22, 1782, instead of Oct. 22, 1787, can be accounted for only on the ground of a clerical or typographical error.

See Statutes of Vermont revised in 1787, and subsequent acts to 1791, inclusive. Printed by Anthony Haswell at Bennington in 1791.

 

 

 

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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.* 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 location 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.

But one instance of capital punishment has ever occurred in the county; and which indeed was the first in the state, after the regular organization of its government. This was the case of Cyrus B. Dean of Swanton, who was indicted for murder committed Aug. 3, 1808, within the jurisdiction of Chittenden county. He was tried at a special term of the supreme court being then a court for the trial of fact as well as law which was convened for the occasion; and commenced its session at Burlington on the 13th day of August, only 10 days after the committal of the offence. The judges of the court consisted of the Hon. Royal Tyler, chief justice; Theoph. Harrington and Jonas Galusha, assistant justices; Daniel Staniford, sheriff; Wm. C. Harrington, states attorney; and David Fay and C. P. Van Ness, Esqrs., were assigned by the court to assist the states attorney in the criminal prosecutions.

The grand jury of the county were also specially convened, who found bills of indictment not only against Dean, but against his accomplices consisting of Samuel J. Mott of Alburgh; William Noaks, Slocum Clark, and Truman Mudget, of Highgate; Josiah Pease of Swanton; David Sheffield of Colchester, and Francis Ledyard of Milton.

The offence committed originated in a smuggling transaction, which resulted in a collision between the smugglers and the custom house officials, on the Winooski river; about ス mile below the then dwelling house of Majory Joys on Mr. Pomroy's meadow. The smuggling party had run up the river in a boat called the Black Snake, and lay at a point a short distance below the falls; they had armed themselves for defence against the custom house department, then under the charge of Dr. Jabez Penniman, collector for the district of Vermont. Measures were taken to intercept the party on their return down the river, and a revenue boat or batteau lay in wait for them at the place above mentioned; among the revenue party were Jonathan Ormsby, Asa Marsh, and Ellis Drake the two former were stationed on the Burlington shore of the river, and Drake with others remained in the batteau.

As the boat of the smugglers came down the stream, Mott with a large gun, called the wall piece, fired upon Ormsby and Marsh with fatal effect, killing them both upon the

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* Franklin county was not organized until 1796.

The line between the counties of Chittenden and Grand Isle, is a continuation of the line from Missisquoi bay, "southerly through the centre of the waters of Macquam Bay (as near as may be) but so far east as to include Butler's island, Knight's island, Wood's island, and Savage Island" in Grand Isle county "thence southerly through the waters of Lake Champlain, to a point equidistant between the south point of South Hero and Colchester point; thence westerly to the west line of the state."

 

 

 

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spot, the others of the party fired upon the batteau, killing Drake instantly, who fell in his boat. The smugglers were arrested, and public excitement was so great, that no delay was suffered in bringing the offenders to trial. Mott and Dean were convicted of murder but the judgment in the case of Mott, the most guilty of them all, was, on motion of his counsel, arrested; the motion prevailed, on some technical points of law. He, however, was held in custody by the court, and a new bill of indictment filed against him for manslaughter; upon which he was convicted and sentenced to stand in the pillory for one hour, have fifty lashes upon his naked back at the public whipping post, and ten years imprisonment to hard labor. The other accomplices were also convicted of manslaughter, and received similar sentences to that of Mott. Dean, having failed in his motion to arrest the judgment of the court, was sentenced to be executed on the 28th of October (1808), but was reprieved to the 11th of November following; when the sentence was carried into effect.

At the time of this affair, party spirit ran so high between the old federal and democratic parties, not only in the county of Chittenden, but in the state, and country at large, that it evidently endangered the impartial administration of justice. Indeed, the opposition to the measures of the government then, and for several succeeding years, had become so strong, that the laws of congress, especially the acts regulating the customs duties, were treated as a nullity along the northern border; and so general was the practice of smuggling cattle and other supplies into Canada, and bringing out goods of British manufacture in return, that it was regarded less as a criminal than a justifiable act. Then, as now, there were men, of all political parties, who thought more of their pockets than their patriotism; who were ready to sacrifice the very government that protected them, if they could add a little more to the bulk of their filthy lucre.

Before we pass by our brief notice of the judicial proceedings of Chittenden county, it is but just to remark, that the courts in this county have always been distinguished for the courteous manner in which they have conducted their business. Both the judges and members of the bar, as well as the executive officers of the court, have habitually cultivated those sentiments of respect and urbanity towards each other, that ennobles the legal profession, and inspires a confidence in the integrity of legal proceedings. The high order of men that marked the leading members of the bar at an early day, has contributed in no small degree to this interesting trait in the history of our courts.*

Having made allusion to the high tone of party spirit that prevailed during the occurrences just related, and up to 1814, it is deemed proper here to notice, that the people of Chittenden county were in no degree behind other sections of the state and country in the virulence of their political animosities during that period. Indeed, so far was the question of peace or war with England, carried into the contest between these rival parties, that it became the chief topic of contention, and the source of the bitterest enmity. Families and friends were separated, and stood in hostile array against each other a man's polities was his passport, or his mark of rejection, at his neighbor's door and matters went to such a pitch, that the fear and dread of civil commotion hung heavily on the minds of the more considerate portion of the community.

The administration in power, elected by the democratic vote of the nation, made the repeal of the British orders in council; the safety of our commerce against her ships of war, and the surrender of her pretended right of search (claimed by England as a part of her maritime code, but more properly by her maritime will) as the only condition of peace, in short a sine qua non. The opposition to the government feared the consequences of a war with so powerful an enemy; and moreover detested the French Imperial government, which just then found it convenient to push the United States into hostilities with England. This opposition was powerful, and contained within its ranks a large portion of the most talented and eminent men of the Union, who had grown up with the old federal party; and their wishes were to withdraw the demands upon Great Britain, and put off the war for further negotiations.

On this question, which seemed to both parties to involve in its results the greater question of our independence if not nationality, we find on the one hand in the county of Chittenden, such men as C. P. Van Ness, Nathan B. Haswell, Jabez Penniman, Heman Lowry, and their political friends, and on the

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* In looking back, we find among those who have passed off the stage from the old class of lawyers, the names of Elnathan Keyes, Wm. C. Harrington, Samuel Hitchcock, Geo. Robinson, David Russell, Daniel Ferrand, Cors. P. Van Ness, Sanford Godcomb, Benjamin F. Bailey, Archibald W. Hyde, Warren Loomis, Chas. Adams, Heman Allen, Alvan Foote, Jas L. Sawyer, Fred A. Sawyer, John O. Thompson, Wm. A. Griswold, John S. Eldridge, Phineas Lyman, Timothy Follett, and Israel P. Richardson.

 

 

 

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other, Daniel Farrand, George Robinson, David Russell, Martin Chittenden, and their associates, arrayed against each other and with leaders of such marked influence and ability, it is no matter of surprise that the people of the county should be worked up with increasing intensity, as the decision in congress, on the question of peace or war, culminated and when war was actually declared on the 18th of June, 1812, an explosion followed in the ranks of the federal party.

At a convention called at Williston, at which Judge Farrand presided as chairman, they denounced the administration in the highest terms they passed a series of resolutions and adopted an address to the people of the county, wherein they declare, "that the last dreadful appeal to arms was not demanded by the interest or honor of the United States; that the war was not waged to obtain justice from Great Britain, but to aid the cause of the most infamous of tyrants,* that of all the calamities which God in his wrath ever suffered to fall on the head of guilty man, war stands preeminent; that the government which shall plunge into its horrid vortex, until compelled by absolute necessity, stands guilty in the sight of heaven, and is responsible for every life that is lost; that the time has at length come when silence becomes criminal, and forbearance pusillanimous; that the military power is vested in the vilest hands; and when the citizens are threatened with being tarred and feathered, the elective franchise comes as a rich gift from the beneficence of heaven, to purchase our deliverance."

Such, at that crisis, was the fervency of political strife and party warfare, on a question of mere expediency; upon which honest men might differ. No better description of the state of public feeling can be given, than that shown by the above resolutions, wherein the graphic language and stubborn intellect of Daniel Farrand are so plainly seen. But notwithstanding these two great political parties were arrayed in such mortal hostility against each other, even up to the brink of civil war and blood shed, the spirit of patriotism and devotion to the Union burned in every soul with accustomed fervor. All were ready, when the hour of trial came, to defend the country on the approach of external danger; and when the British army and fleet moved out of Canada to Plattsburgh, to crush our defences there, and invade the soil of a sister state, that moment the bitterness and clamor of party were hushed; and so far as the grounds of contention were then concerned, were hushed forever.

On that occasion the people of Chittenden county, without distinction of party, and in common with the people of the adjacent counties, volunteered their services to repel the common enemy. With such weapons as they had at command, they rushed from their homes; and in a few hours from the first alarm, they joined their New York friends on the banks of the Saranac, in the defence of the passes of that stream, against a far superior force of veteran troops and they defended them successfully.

During the previous progress of the war, however, the people of Chittenden county had been more or less annoyed by the quartering of troops in their midst. Burlington was made a depot and place of rendezvous for the northern army, and at one time even the university buildings were turned into barracks for the accommodation of the troops. Gen. Hampton organized his force here, in the summer of 1813, intended for the invasion of Canada; and the flotilla upon the lake, under the command of Com. MacDonough, at the same time occupied the harbor. Meanwhile the British gunboats (July 30) menaced the town, and exchanged a few shots with our batteries; and Com. MacDonough as soon as he completed the necessary equipment of his vessels, sailed out of the harbor to the northern part of the lake, and offered them battle, this, however, they very respectfully declined. It was left for them to attack our fleet the year following, and suffer the signal defeat that resulted in the loss of their commander and his whole fleet, except a few gallies. It was on this occasion, to repel the combined naval and land forces of the enemy, that our people, as above noticed, flung away the weapons of party, and shouldered their muskets for the common defence and this defence was heroically made. The enemy, consisting of 14,000 land forces, fresh from the Peninsular war, and trained under the ablest generals of Europe, were held in check, until the fate of the naval engagement was decided; and then, as they fled for safety they were pressed by our brave men and they lost in killed, wounded, and missing, near one-fifth of their number.

As we turn from our notice of the civil jurisdiction, early courts, and violence of party in the county, incident to the war of 1812, we will take a brief survey of our re‑

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* Bonaparte.

A hand-bill was circulated after the meeting, containing a series of resolutions and an address at length to the people from which the above extracts are taken.

 

 

 

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ligious, educational, and social advantages. These great interests that lie at the bottom of civilized society, are so intimately blended and connected together, that they may be mentioned promiscuously as parts of one great whole. Let us then proceed to say, that our system of common school education which has more recently been matured and put in working condition, by the aid of legislation and the efforts of the board of education in the state* is not only appreciated, but enjoyed in a high degree by the people of our county. Our common schools are, as a general thing, well sustained and we have more academies, high schools and union schools, in addition, than we have towns in the county. Here is also located the University of Vermont, the Episcopal institute, and several institutions of a subordinate, but highly useful and interesting character.

The census of 1860 gives us 202 schools of various kinds in the county, 215 teachers, and 4489 scholars in attendance. Of common schools, we have 165 school districts and school houses; 168 teachers and 7177 scholars between 4 and 18 years of age in the districts. We have 21 academies, high schools, and union schools, having 37 teachers and 806 scholars in attendance the female seminaries included and beside these there are several select schools. The university has a president and 6 professors, and 78 academical students; to which is attached a medical college with 6 professors and 67 medical students; making the whole number of students attached to the university the past season, 145. There are also in the county 20 public libraries, containing in all 22,700 volumes, of which 10,000 volumes belong to the university, and 8200 to towns and academies, 1500 volumes to the Phi Sigma society, 1400 to the Unitarian institute, 1600 to the Unitarian society of Burlington, and 17,200 volumes are returned by the census of 1860, as belonging to private libraries. The Episcopal institute has a president and two professors and from 30 to 40 students including the preparatory school having been but recently flung open to the patronage of the public. There is, moreover, a Catholic school at the convent in Burlington under the patronage of the Catholic church, having ordinarily over 200 pupils. Beside these, there are occasional select schools, of more or less size and importance, for miscellaneous objects.

We find, also, that there are 58 resident clergymen in the county; some of whom, however, do not preach statedly; viz: 22 Congregationalists, 16 Methodists, 8 Baptists, 5 Episcopalians, 3 Universalists, 3 Roman Catholics, and 1 Unitarian. There are also according to the census of 1860, 53 houses of public worship 15 Congregational, 14 Methodist, 10 Baptist, 3 Episcopal, 6 Catholic, 4 Universalist. 1 Unitarian; and in most of the cases the pulpits of these church edifices are regularly supplied, either by settled or resident ministers.

With these facilities for common school, academical, and religious instruction, there are in addition, published in the county, as the means of general intelligence, three weekly and two daily papers, which have a very general circulation;** while the city papers and periodicals are distributed more or less in every town.

These not only supply the general news of the day, but give an account of such improvements as are deemed worthy of note, in the various departments of literature and science. With these advantages for the instruction of youth, and the diffusion of knowledge among the people, there are also established in all our towns sabbath schools, having libraries and teachers assigned them, for the morel and religious instruction of children; which justly receive very great consideration among the various benevolent institutions of the day.

There is, meanwhile, a growing sentiment, that it is the duty of the public to educate every child, however poor and destitute, so far as to give him the benefits of common school education, and a knowledge of his duties as a citizen a sentiment in view passing events that grows more and more important. This salutary conviction is strengthened by the disgusting practice of mere time-serving politicians, who often work themselves into power, by imposing on the ignorance and credulity of freemen. And in view of the future, there seems to be no remedy against this treasonable practice, but to prepare every person, who is liable to become a freeman, to understand both his rights and duties at the ballot-box; and many question whether our republican form of government, can otherwise be preserved. The honest-hearted foreigner, is not prepared to comprehend the workings of our system of self-government, or the mysteries that surround him in his new character as a citizen; and he is exposed to the impositions of un‑

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* Of which J. S. Adams. Esq., is the active and efficient secretary.

The number of students has been reduced about one-fifth by enlistments in the volunteer service.

** The Northern Sentinel was the first newspaper established in the county, in 1801.

 

 

 

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scrupulous men, who think more of the public treasury, than the public safety and honor, who work their way into office by criminality and the contempt of law and authority.

The people of Chittenden county, however, as a general thing, are devotedly attached to the interests and institutions of the state and general government. The sacredness of the constitution and the Union is seldom questioned; and we have living evidence that our people are ready to make any sacrifices, even of life or property, to support them unimpaired.

When the contest was actually initiated, never, perhaps, in the history of any people, was such harmony and resolution displayed: old party opponents shook hands together, and the feuds and animosities of the past, vanished as the mist before the storm. Indeed, every other matter of worldly interest, was absorbed in the momentous issue at stake, and the impatience of the people could hardly be restrained even the delay necessary for organization, seemed too slow a process: so anxious were they to fall upon the rebels, and avenge the insult they had given to the national flag. Soon, however, the excitement of the moment, as it were, settled down into the work of earnest and steady preparation. They contributed money, enlisted men, provided for the families of soldiers, obtained arms and equipments from the state, and near twice the number of volunteers necessary to meet the requisition upon the county offered their services.

To conclude this chapter, it may be proper to notice that the county of Chittenden has furnished a goodly number of persons, who have held responsible positions both civil and military in the state and general government. In the civil department of our state history, no name stands more prominent than that of Thomas Chittenden. He was one of the first settlers of the county and became the first, governor of the state; and was ever reverenced by the people of Vermont, as their political father. He held the office of governor 18 years, during which time, as well as before, while serving in the old council of safety his sound judgment and sterling integrity of purpose, always commanded the highest confidence. Ira Allen, even earlier than Gov. Chittenden, made this county the field of his large business plans; and with his friend Baker, was the first to open the county to the attention of settlers. Allen was the life and soul of Vermont diplomacy, during her struggle for independence; and held in course almost every office of honor or trust in the state, except that of governor. The state conventions where he generally served as a delegate, were as often the results of his own getting up, as otherwise. He draughted the Vermont declaration of independence, the bill of rights, and there is more evidence than can be attached to any other man, that he also drew up the original constitution of the state.* He was a member and generally served as secretary of the old council of safety; was several times sent as delegate to Congress, also to the state of New Hampshire, and once each to the states of New Jersey, Pennsyvania, Maryland, Delaware, and Virginia; commissioner to the British army, which he managed to hold in check; and afterwards agent to Canada, to form a commercial treaty between the republic of Vermont and that province; nine years, from 1778 to 1787 a councillor of the state, and treasurer for the same length of time; assistant judge of the supreme court in 1779 and 1780; surveyor general of the state; major general of militia; and numerous appointments of minor importance. Martin Chittenden, after holding several county offices, was elected to congress in 1803, and continued a member of that body for the ten succeeding years; and elected governor of the state in the years 1813 and 1814. Daniel Farrand was speaker of the house of representatives in 1798, and assistant judge of the supreme court in 1813 and 1814. Cornelius P. Van Ness was three years U. S. district attorney, collector of customs during the war of 1812, chief judge of the supreme court in the years 1821 and 1822, governor of the state in 1823, 1824 and 1825, commissioner to run the northeastern boundary, and minister plenipotentiary to Spain, under the administrations of Andrew Jackson and Martin Van Buren. John C. Thompson was four years a member of the state council and assistant judge of the supreme court in 1830. Heman Allen of Colchester, was marshal of the state from 1819 to 1823, member of Congress from 1817 to 1819, and minister plenipotentiary to Chili from the 27th of January, 1823, to the 9th of February 1828. Ezra Meech was elected a member of Congress in 1819 and again in 1825, serving two terms. Heman Allen of Milton was elected to Congress in 1832, and also reelected at the two following terms holding his seat as a representative six years. Milo L. Ben‑

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* See biographical notice of Ira Allen in the History of Colchester, in its reference to this subject.

State Papers, p. 554. Quere. Were they not special courts?

 

 

 

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nett was elected assistant judge of the supreme court in 1838, and continued to 1849 inclusive; was reelected in 1852 and continued to October, 1859. Asahel Peck was appointed judge of the state circuit court for the northwestern district of Vermont, and held that place for several years previous to 1857; and in 1861 was elected assistant judge of the supreme court.* In 1793, Samuel Hitchcock was appointed judge of the U. S. district court for the district of Vermont, and held that office until 1801. David A. Smalley of Burlington, is the present incumbent, appointed under the administration of Franklin Pierce. George P. Marsh was elected a state councillor in 1835: chosen a representative in congress in 1843, and held that place until 1849; he was then appointed resident minister to Turkey, where he continued six years. In 1861, he received the appointment of minister plenipotentiary to Sardinia, resident at Turin which place he now fills. Henry B. Stacy was appointed consul to Rivas in Russia in 1861. Jacob Collamer spent the early part of his life in this county, where his father resided; graduated at the U. V. M. In 1810, entered upon the practice of law in Windsor county; held the office of assistant judge of the supreme court of Vermont from 1853 to 1841; was member of congress from this state from 1843 to 1849; then appointed post master general under the administration of Zachary Taylor, which place he filled until the death of the president. In 1855 he was elected to the U. S. senate for six years, and again for the same length of time in 1861. John A. Kasson, the present first assistant post master general, is a native of Charlotte in this county; graduated at the U. V. M. in 1842; admitted to the bar entered upon the practice of the law at Fort des Moines in Iowa; and received the appointment of assistant post master general in 1861, under President Lincoln. Lucius E. Chittenden, in 1861, was appointed first register in the office of the secretary of the treasury, which place he still holds. Stephen Keyes, David Russell, Jabez Penniman, Samuel Buel, C. P. Van Ness, Archibald W. Hyde, William P. Briggs, Albert L. Catlin, David A. Smalley, and Isaac B. Bowdish, all residents of this county before or after their appointments, have each held the office of collector of customs for the district of Vermont. Heman Lowry, in addition to Heman Allen as above noticed, held the office of marshal of the state from 1829 to 1835, and again from 1837 to 1841. John Fassett, Jr., was councillor for this county from 1787 to 1794; John White, 1795 to 1797; Solomon Miller, 1798 to 1801; Noah Chittenden, 1801 to 1811; Wm. C. Harrington, 1812 and 1813; Solomon Miller, 1814; Truman Chittenden, 1815 to 1827; John C. Thompson, 1828 to 1831; N. Leavenworth, 1831 and 1832; Wm. A. Griswold, 1833 and 1834; Geo. P. Marsh, 1835.

The election of George P. Marsh was the last before the organization of the senate under the amended constitution, which substituted the senate for the old state council. Under the provisions of the constitution, establishing the senate, two members were allotted to the county of Chittenden; but a change in the comparative population of the county, varied that apportionment to three, after the census of 1850.

The first senators elected under the new system were: John Yan Sicklen, Jr., and Harry Miller, in 1836, and again in 1837; Truman Chittenden and Joseph Clark were elected in 1838; Lyman Burgess and Joseph Marsh, 1839; Thad. R. Fletcher and Joseph Marsh, 1840; Thad. R. Fletcher and David French, 1841; David A. Smalley and David French, 1842; David Read and Luther Stone, 1843 and 1844; Harry Bradley and Daniel H. Onion, 1845 and 1846; J. Hamilton and Alex. Ferguson, 1847 and 1848; Lemuel B. Platt and Wm. Weston, 1849 and 1850; Heman Barstow and Albert G. Whittemore, 1851; Rolla Gleason, Ira Witters and John Parker, 1852; Ira Witters, John Parker and Henry S. Morse, 1853; George W. Benedict, Rolla Gleason and Alanson H. Wheeler, 1854; G. W. Benedict, A. H. Wheeler and John Allen, 1855; Martin Wires, Francis Willson and Levi Underwood, 1856; M. Wires, F. Willson and Lucius E. Chittenden, 1857; L. E. Chittenden, E. D. Mason and Josiah Tuttle, 1858 and 1859; J. H. Woodward, Asahel Peck and Elmer Beecher, 1860; J. H. Woodward, E. Beecher and George F. Edmunds, 1861, Levi Underwood was elected lieutenant governor in 1861, and is ex-officio president of the senate.

 

LIST OF ATTORNEYS

 

ADMITTED TO CHITTENDEN COUNTY BAR SINCE THE ORGANIZATION OF THE COUNTY.

 

[This list has been kindly furnished by ANDREW J. HOWARD, Esq., assistant clerk of the county.]

 

TERM. ADMITTED. NAME.

September, 1799, Albert Stevens,

February, 1800, Paul Dodge,

Phineas Lyman,

覧覧

* Hon. Luke P. Poland, chief justice of the supreme court of Vermont, is a native of Westford, in the county of Chittenden.

 

 

 

COUNTY CHAPTER. 473

 

TERM. ADMITTED. NAME.

September, 1800, Moses Fay

Daniel Benedict,

February, 1801, Daniel S. Bantram,

Philo Berry,

Morey Woodworth,

September, 1801, Thomas Jones,

February, 1802, George Robinson,

David Edmonds,

Samuel Holton,

September, 1803, John S. Eldridge,

February, 1804, Isaac Webb (ex. but no

record of admission).

February, 1806, William Page, Jr.,

September, 1807, Charles Adams,

September, 1812, James L. Sawyer,

Archibald W. Hyde,

Solomon S. Miller,

February, 1814, Norman Williams,

Timothy Follett,

September, 1814, Timothy Tyler,

September, 1815, Henry Hitchcock,

February, 1816, John N. Pomeroy,

February, 1817, David French,

February, 1819, Charles H. Perrigo,

September, 1819, John P. Richardson,

February, 1821, Andrew Thompson,

Luman Foote,

September, 1821, Jacob Mareck,

February, 1822, Gamaliel B. Sawyer,

September, 1823, Jared Kenyon,

February, 1824, Joseph Porter,

George Peaslee,

Henry Leavenworth,

August, 1826, Warren Hoxie,

William P. Briggs,

Adjourned, 1826, Richard W. Smith,

August, 1827, John Storrs,

March, 1828, Boyd H. Willson,

August, 1828, Irad C. Day,

August, 1829, Frederick G. Hill,

August, 1830, Theodore Patrick,

August, 1830, Henry Lyman,

E. L. B. Brooks,

William Weston,

March, 1831, Charles F. Deming,

Alonzo A. Wainwright,

Sylvanus M. Parsons,

March, 1832, Hector Adams,

Asahel Peck,

August, 1832, Martin B. Mener,

Sebastian F. Taylor,

March, 1833, Walter A. Buckbee,

August, 1833, W. S. Hawkins,

Albert Mason,

James E. P. Weeks,

August, 1834, Samuel L. Bascomb,

August, 1835, George F. Warner,

Leonard Whitney,

TERM. ADMITTED. NAME.

August, 1835, Horatio N. Wells,

Austin M. Gould,

March, 1835, Thaddeus R. Kendall,

August, 1836, George K. Platt,

March, 1837, Charles D. Kasson,

August, 1840, Romeo Austin,

Ira B. Pierson,

August, 1841, George H. Peck,

November, 1842, James W. Hickok,

Aaron B. Maynard,

Edward Van Sicklen,

May, 1842, Benjamin J. Tenney,

Edward A. Stansbury,

May, 1843, Joseph W. Allen,

Samuel N. Parmelee,

Henry Hale,

October, 1843, John Sullivan Adams,

October, 1844, Daniel B. Buckley,

William W. Peck,

March, 1845, Torrey E. Wales,

Eleazer R. Hard,

March, 1846, Bradford Rixford,

October, 1846, William W. Onion,

September, 1847, James H. Allen,

Edmund H. Bennett,

Elisha P. Mead,

David B. Northrop,

Guy C. Prentiss,

Samuel D. Wing,

Samuel Wells,

September, 1848, James O'Grady,

March, 1849, George F. Bailey,

Franklin D. Colton,

George F. Edmunds,

March, 1850, Carolus Noyes,

Thaddeus D. Isham,

September, 1850, Hiram Stevens,

Luther L. Dixon,

March, 1851, William M. Miller,

September, 1852, B. E. B. Kennedy,

March, 1853, E. C. Palmer,

William G. Shaw,

P. M. Sayles,

May, 1854, Wyllys Lyman, Jr.,

March, 1855, John B. Wheeler,

March, 1856, E. P. Hill,

Samuel H. Reed,

November, 1856, Russell S. Taft,

March, 1857, Frederick H. Waterman,

William W. Walker,

March, 1858, Charles I. Alger,

March, 1860, Asa R. Burleson,

Cornelius W. Morse,

September, 1860, George W. Kennedy,

S. H. Davis,

April, 1861, George Allen, Jr.,

James R. Hickok,

September, 1861, Henry H. Talcott.

 

 

 

474 VERMONT HISTORICAL MAGAZINE.