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South 10° West

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HISTORY OF MIDDLEBURY.

CHAPTER II.

RESULTS OF THE VOTES OF THE PROPRIETORS-PARTITION-TOWN PLOT-SECOND OR FIRST HUNDRED ACRE DIVISION-THIRD, OR SECOND HUNDRED ACRE DIVISION-JOHN CHIPMAN'S A\D OTHER SURVEYS-CHANGE OF TERRITORIAL LIMITS.

now proceed to state so far as we are able, the results of the proceedings of the proprietors, at their meetings. In the proceedings of the first meeting, reference is made to the time when "New Haven, Middlebury, Salisbury and Cornwall were jointly in company." This co-operation undoubtedly had reference to the measures adopted in procuring the charters. Most of the proprietors resided in the same neighborhood, and the towns chartered joined each other. Elias Reed, the agent, for procuring the charter of Cornwall, resided also in Salisbury. The charters of all the towns are dated on two consecutive days; those of Salisbury and Middlebury on the second of November, and those of New Haven and Cornwall on the third of the same month. The applicants for all the towns undoubtedly met together to consult respecting the measures to be adopted, and assessed all the proprietors of each right to defray the joint expenses. The agents also went together to the governor of New Hampshire. Such a co-operation would of course reduce the expenses of each. The tax assessed at this meeting was intended to apply only to the delinquents. Besides, the first meeting of the proprietors of each town was appointed to be held about the same time, and probably. in the same place.

Independent

of the vote passed at this meeting, Mr. Atkinson had a claim to one right, but the charter did not locate it "adjoining Governor Wentworth's 500 acres."

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HISTORY OF MIDDLEBURY.

movement seems to have been made to carry into effect the votes passed at the annual meeting in 1762, "to send Matthias Kelsey to lay out 50 acres to each right," and "to lay out one acre to each grantee." At the meeting held on the fourth Tuesday of March 1763, the vote "to lay out one acre to each right" was renewed, and a vote was passed " to raise a rate to defray the charge of laying out the first and second divisions," but no vote is recorded as being passed then or at any other time, to make a second division of 100 acres, or a "first 100 acre division." Whether such a vote failed to be passed through forgetfulness, or failed to be recorded through the neglect of the clerk, does not appear. But it seems to have been understood, that such a division was to be made; and when made by the committee, appointed for that purpose, it was accepted by the meeting to which the report was made.

appears, that no person accepted the proposition of the proprietors, made at their meeting in March 1765, to "give a sufficient bond to build a good saw mill within fifteen months," and in consideration thereof "to have any mill place he may choose," and "also fifty acres of land," and no such mill was built for the next nine years.

little was accomplished, in pursuance of the vote, at the same meeting offering the proceeds of a tax of "2s on each right to any man or men, who shall, the ensuing summer, clear a cart road on the east side of the creek." It does not appear that at any time the contemplated road was opened by any general concert of the towns, or inhabitants; but the roads, through the several towns, were probably built, as the necessities of the settlers required to open a communication to their lands. At what time roads were opened into Middlebury from the south is uncertain. The road from Arlington to Crown Point, at this time, it seems, was opened "10 or 12 miles beyond where No. 4 (Charlestown) road crosses Otter Creek;" which was probably as far as the foot of Sutherland's Falls. It is known that the road was built thus far some time before it was extended further. Obviously no road was opened further, when the first settlers came to Middlebury. From this point the creek was used in summer by rafts and canoes, and in the winter on the ice, and

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HISTORY OF MIDDLEBURY.

cattle were driven through the woods on the borders of the creek. The same course of travel was preferred, to some extent, for some years after the trees were cut down for a road.

The

proposition made at the meeting on the 7th of April 1766, granting "thirty five acres" to "each proprietor, that shall repair to Middlebury and do duty agreeable to the directions of the charter," was also disregarded, unless the case of Col. John Chipman hereafter mentioned is an exception. However that may be, he never obtained his thirty-five acres.

The

second, or first hundred acre division was laid out in two tiers, the first or eastern at the foot of the mountain. It commenced at what was then supposed to be the south line of New Haven. By a correction afterwards this line was removed about forty rods further north, forming a strip of that width between it and the north line of the "home lots," two miles long; which was called the "long lot," and was afterwards pitched with other undivided lands. In the eastern tier vas laid out thirty-nine lots, extending not quite to the north line of Salisbury; numbered from No. 1, at the north regularly to the south. The second or west tier, adjoining the first, commenced with No. 40; at the north, and extended south to No, 66, which made the whole number of rights granted, except the governor's reservation. This tier of course did not extend so far south as the first, having only seventeen lots. Each lot contains one hundred acres, with allowance for highways. The length east and west is called a mile, but by the survey is 330 rods, and the width is fifty rods. The course of the east and west lines is from the north ten degrees west of south, and parallel with the east line of the town. The north and south lines run east and west, parallel with the north line of the town. Between Nos. 53 and 54, in the west tier, was reserved a space of the width of two lots, or one hundred rods, in which was laid out the first or one acre division; the west line corresponding with the west line of the one hundred acre division, and extending east one hundred and twenty-four rods. This division is called the town plot, and has never been divided among the proprietors into one acre lots.

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HISTORY OF MIDDLEBURY.

The following diagram exhibits a plan of these divisions, with the numbers and original proprietors of the lots.

40 Matthew Baldwin.

1 Ruluff White

41 Samuel Turner.

2 School Right.

42 Russel Hunt.

3 Jonathan Moore.

43 Oliver Evarts.

4 David Hide, Jr.

44 T. Atkinson.

5 Ebenezer Field, Jr.

45 Moses Reed.

6 Elijah Skinner.

46 Bethel Sellick.

7 Rufus Marsh.

47 Thomas Chittenden.

8 Elkanah Paris

48 John Abbot.

9 Elias Reed.

49 Glebe Right.

10 Propagation Right.

50 Hezekiah Camp, Jr.

11 John Seymour.

51 Jeremiah Howe.

12 John Benton.

52 Benjamin Paris.

13 Noah Waddams.

53 Moses Reed, Jr.

14 Jonathan Moore, Jr.

Town	Glece
Plot.	2d 100a. div.

15 Nathaniel Evarts.

16 Elisha Fainter.

54 Minister's Right.

17 Gideon Hurlbut.

55 Ebenezer Field.

18 John Evarts.

56 Samuel Skinner.

19 John Howe.

57 Elisha Sheldon.

20 Zacheriah Foss.

58 Noah Chittenden.

21 Nathaniel Flint.

59 Ebenezer Hanchet.

22 M.H. Wentworth.

60 Samuel Towsley.

23 Deliverance Spalding.

61 Charles Brewsier.

24 John Reed.

62 Samuel Moore.

25 Thomas Chipman.

63 Janna Meigs.

26 Amos Hanchet

64 Datus Eusign.

27 John Baker.

65 Jonah Stoddar.

28 Benjamin Smalley.

66 James Claghorn

29 David Owen.

30 Benjamin Everest.

31 John McQuivey.

32 John Strong.

33 John Turner, Jr.

34 Matthias Kelsey.

35 Nathaniel Skinner, Jr.

36 Daniel Morris.

37 Samuel Keep.

38 John Evarts, Jr.

39 Matthew Bostwick.

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HISTORY OF MIDDLEBURY.

The

following boundaries may explain the position of this division in its present relation to other lands. Munger street passes through No. 40, the first lot in the west tier, about one-third of a mile from the east and two-thirds of a mile from the west end. This road, inclining to the east passes across the northeast corner of No. 52, to the line between the tiers, and thence on that line to Darius Severance's. The saw-mill on Muddy Branch, owned by Nichols and Wheeler, is on the west end of No. 47, and the road formerly leading from this mill southwardly to the dwelling house of the late Philip Foot is on the west line of the west tier. The same road still running varies little from the same line until it reaches the Centre Turnpike. The road leading from the late dwelling house of Abner Evarts to the line of Salisbury is on the west line of the east tier, and the east line of the same tier passes through the village of East Middlebury; the building lots of David Olmstead and Kneeland Olmstead being on. the east end of lot N0. 36.

seems, that at the time this division was made, the Middlebury lands were not in very high estimation. Benjamin Smalley, who had been appointed collector of the "rate," assessed to "defray the charge of laying out the first and second divisions," sold in the summer following no less than twenty-four whole rights, on which the tax had not been paid, at from £2, 1s. to £1, 10s. each, and in his report stated, "that one hundred acres of each of the rights that hath been sold in the whole of this vendue, was put up first to be sold, as the law of the Province of New Hampshire directs, but none appearing to buy, the whole rights were sold at the prices set against each right."

The

third, or "second hundred acre " division, authorized at the meeting held in March 1765, was never located by the committee appointed for that purpose, or by any other committee or agents of the proprietors; but each owner was authorized to locate his own lot by "pitching." Each proprietor accordingly surveyed his land in such manner and at such place as he chose. This practice made great confusion, and the absence of the records, containing tile principal surveys of this division has made it difficult

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HISTORY OF MIDDLEBURY.

to ascertain correctly the location of many of these lots. Many of the surveys commence at trees or other monuments, which have disappeared, and without any reference to permanent boundaries. Some of the lots are known by their numbers, and, for that .reason have been supposed to be regularly laid out in the south part of the town. But the numbers do not seem to have any reference to the location of the lots, and, with few exceptions, are scattered irregularly over the town. The numbers were probably derived from the order of time in which the lots were surveyed. Only the earlier surveys are numbered, and none of the surveys, which we have discovered, contain the numbers, although some of them refer to the numbers of other lots, previously surveyed. We have, in our possession, belonging to Allen Foot, a plan of Daniel Foot's lands, made out, under his direction, by Col. Bott, of Bridport. By this it appears, that the earliest numbers of this division were attached to land belonging to Daniel Foot and his family, or adjoining such lands, and probably owned by him, and all in the neighborhood of the location he had fixed on for the centre of the town. Several of the lots lie west of and adjoining home lots owned by him, and. all were probably laid out and numbered under his direction.

seems, that the proprietors in 1772, probably by a general vote, authorized the owners of the rights to pitch two hundred acres together. There are numerous examples of this, as will be seen hereafter. The conditions, on which this authority was given we have not been able to ascertain; nor are we able to satisfy ourselves fully, whether these pitches were intended to embrace the second and third hundred acre divisions, or whether the vote of the proprietors authorized the owners to surrender their home lots, and pitch the first and second hundred acres together. It appears also by surveys on record, that John Chipman and Daniel Foot, and perhaps others, were authorized to surrender their home lots and pitch anew "in exchange for that was laid by the committee.''

has been our wish, as far as possible, to show who were the first settlers, and the lots on which they settled. For this purpose, and to supply the deficiency of the records of the proprietors' meetings, we have made an extensive and laborious search of their

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HISTORY Of MIDDLEBURY.

records of surveys and deeds, so far as we have found them, as well as the town records; and for this purpose we copy below some of the more prominent surveys, and give abstracts of others. The numbers mentioned in the surveys are the numbers of the home lots belonging to the same rights.

JOHN CHIPMAN'S SURVEY.

"Laid

out to John Chipman, two hundred acres of land lying in the southwest part of Middlebury,and on Middlebury River, beginning at a walnut tree, south side of a black ash swamp, the northeast corner of his lot, then east thirty-seven degrees south one hundred and sixty rods to a white-pine tree, then south thirty-seven degrees west two hundred rods to a white hazel staddle, then west thirty-seven degrees north one hundred and sixty rods to a walnut tree, then to the first mentioned bounds-being the original proprietor of the right of Elisha Painter, number 16. September 20th, 1773.

Surveyed by me, PHINEAS BROWN, Surveyor."

G. PAINTER'S SURVEY

"Laid

out to Gamaliel Painter, two hundred acres of land in Middlebury, Deliverance Spalding being the original proprietor of the lot No. 23. It buts and bounds as follows : beginning on his north line, about fifteen rods north of his house, at a large heap of stones on the ledge by the river, thence east thirty-seven degrees south fifty-six rods to a stake, then south thirty-seven degrees west one hundred and sixty rods to a red ash tree, thence west thirty-seven degrees north two hundred rods to a large maple, then north thirty-seven degrees east one hundred and sixty rolls to a hard maple, then to the first mentioned bounds. September 23d, 1773.

Surveyed by me, PHINEAS BROWN, Surveyor."

BENJAMIN SMALLEY'S SURVEY.

"Laid

out to Benjamin Smalley, two hundred acres of land, lying in the south west part of Middlebury, and on the mouth of Middlebury River, where it empties into the creek. Begins at a stake at the northwest corner of his lot on the creek then east twenty degrees south two hundred and seventeen rods to a walnut tree, John Chipman's northwest corner, then south thirty-seven degrees west two hundred and three rods to a walnut tree, the southwest corner of John Chipman's lot, than west thirty-seven degrees north one hundred and twenty-seven rods to the creek, thence on the creek to the first mentioned bounds. Russel Hunt being the original proprietor, lot No. 42. September 23, 1773.

Surveyed by me, PHINEAS BROWN, Surveyor "

the time of these surveys, the owners were living on the lands, and Painter's survey refers to "his house" and his "north line,"

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HISTORY OF MIDDLEBURY.

Chipman's to the "northwest corner of his lot," and Smalley's has the same reference. Probably they had previously run out lines for themselves to show the extent of their claims, or they might at first have pitched only one division, and afterwards had their lots re-surveyed to contain the two.

John

Chipman also pitched a lot, on the 15th of August 1774, containing one hundred acres, lying south of the two hundred acres pitches of John Chipman and Benjamin Smalley, extending from Painter's 200 acre pitch on the east to the creek on the west, "laid in the third (second hundred acre) division, on the original right of Janna Meigs. This lot was afterwards purchased by his brother Thomas Chipman, and occupied by him as his home farm.

During

the period, in which Phineas Brown was surveying the above mentioned two hundred acre lots, he surveyed also the two following in the same neighborhood. On the 22d of September 1773, "laid out to Thomas Skeel two hundred acres, lying in Middlebury and on Middlebury River, beginning at the southwest corner of his lot, at a maple staddle, then east 19° south 160 rods to a stake, then north 19° east 200 rods to a stake by the river, then west 19° north 160 rods to a stake, thence to the first bounds."

September

23d, 1773, "laid out to Eleazar Slasson 200 acres of land in the township of Middlebury, Nathaniel Flint being the original proprietor of lot No. 21. It buts and bounds as follows, beginning at a stake, the northwest corner of Thomas Skeel's lot, then east 19° south 160 rods to a stake, the southeast corner of said Slasson's, and the northeast corner of said keel's, then north 19° east 96 rods to the home lots, then north 11° east on the home lots 107 rods to a witchhazle staddle, then west 19° north 150 rods to a large beech tree, then south 19° west 200 rods, then east 19° south four rods to the first mentioned bounds."

will be perceived that the east line of the Skeel's lot from the south runs eight or nine degrees more to the east than the west line of the home lots, and thus approaches it, but does not reach it. The east line of the Slasson lot, lying north of it, running in the same direction soon reaches it, leaving a narrow wedge between these two pitches and the home lots. Nathaniel Evarts in October 1774,

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HISTORY OF MIDDLEBURY.

located a hundred acre pitch on his original right, which embraces this strip. Joshua Hyde having purchased the Skeel's lot purchased also this wedge to bring his land to the home lots and the highway.

Joshua

Hyde in 1774, pitched one hundred acres lying east of home lots 36 and 37, and on both sides of Middlebury River, on which the east part of the village of East Middlebury is situated. It embraces the principal water power and is called Hyde's Mill lot.

The

following two hundred acre lots in the neighborhood of Middlebury Falls, were surveyed by Phineas Brown, near the same time as those in the south part of the town.

September

28th, 1773. "Laid out to Joshua Hyde two hundred acres of land in the northwest part of Middlebury, Moses Reed being the original proprietor of the right, beginning at the southwest corner at a stake near a red ash tree marked, then east one hundred and sixty rods to a stake, then north two hundred rods to a stake near a beech tree marked, then west one hundred and sixty rods to a hemlock tree marked, then south two hundred rods to the first mentioned bounds."

October

22, 1773. "Surveyed for Oliver Evarts, in the northwesterly part of Middlebury, two hundred acres of land, being the third division of said Evarts' original right (first 100 acre lot No. 43) beginning at a stake, which is the southeast corner of Joshua Hyde's lot, from thence running east 20 degrees south one hundred and sixty rods to a large hard maple tree, marked O. E. from thence running north 20 degrees east 200 rods to a witchhazle sapling, marked O. E. from thence running west 20 degrees north one hundred and sixty rods to a large white oak tree marked; from thence south 20 degrees west 200 rods to the first mentioned bounds."

The

location of the former of these lots was very important to our purpose, because the latter has one of its corners for a boundary, and the surveys of several other lots refer to it: The survey contains no permanent boundaries, and gives no intimation of its locality, except that it was "in the northwest part of Middlebury." No record remains of a conveyance from Hyde to any other person; all who were alive at the time have gone to their graves; and in the course of eighty years it has been so often divided and subdi-

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HISTORY OF MIDDLEBURY.

vided, that the present owners have no knowledge of the source from which their title is derived. But a very laborious examination of records has solved the mystery. Hyde's two hundred acre pitch lies directly north of the village, and includes the north part of it as far south as the house of Alanson Dustin, and the highway leading from the Methodist chapel to Dr. Bass's. The southwest corner was about twenty-three rods east of the creek, and it extends east over the highest part of the south point of Chipman's Hill. The south part of it was for many years the home farm of Freeman Foot.

The

Evarts survey lies east of Hyde's, the southwest corner of the former being the southeast corner of the latter. It embraced the farms on which Stephen Goodrich and Robert Huston settled.

the year 1784 the Surveyor General re-surveyed the lines of the town, by which the south line of New Haven was moved about forty rods north of what had been recognized as the north line of Middlebury. At the same time the north line of Salisbury was moved north on to territory which had been supposed to be included in the limits of Middlebury, some of which had been laid out as such. Among the lands cut off by this change of the line, was 170 acres of the two hundred acre pitch of Judge Painter, including his house. In April, 1785, the proprietors granted him "the privilege of re-pitching land in lieu of what was cut off by said line." In pursuance of this authority, the following pitch was made in May 1786: "Beginning at a cherry tree, which stands forty links from the bank of Otter Creek, thence east 5 chains and fifty links to a stake near a red ash tree marked, which is the southwest corner of a two hundred acre pitch laid out to Joshua Hyde, on the original right of Moses Reed, thence east on the south line of said pitch 26 chains and 50 links to a maple staddle, thence south 34 chains and 30 links to a hemlock tree, thence west 12 chains and 75 links to an elm staddle standing on the bank of Otter Creek, thence following down the creek, as that runs to the bounds begun at." This embraced the whole of the east side of the falls and was called the "Mill lot."

the same month Painter surveyed for Abisha Washburn fifty acres, of which he received a deed from Washburn soon after,

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HISTORY OF MIDDLEBURY.

bounded as follows: beginning, at an elm tree standing on the bank of Otter Creek, the southwest corner of a fifty acre lot (the mill lot) "that was laid out to the said Gamaliel Painter, which contains the falls on Otter Creek, thence east 12 chains and 50 links to the south-east corner of the above mentioned lot, thence north 35 chains to the south line of a 200 acre pitch laid out to Joshua Hyde; thence east 13 chains and 50 links to the southeast corner of said pitch, and the southwest corner of a pitch surveyed to Oliver Evarts, thence south 37 chains to the southwest corner of a 50 acre lot, that Joseph Parker is in possession of, thence west 23 chains to a large hemlock tree on the bank of Otter Creek, thence down the creek, as that runs to the bounds begun at." This adds a tract on the south side of the mill lot, extending to and embracing the present house lot of Horace Crane and the lot now occupied by the family of the late Gideon Carpender, who died November 22, 1858, and embraces a strip on the east of fifty-four rods wide. These two, making 100 acres, constituted the home farm of Judge Painter at the falls, and embrace the whole tract now covered by the village, on the east side of the creek, except what is included in the Hyde pitch above mentioned, and the Risley pitch, on the paper mill road, mentioned below.

June 1785, Benjamin Risley surveyed, among other lands, alot of fifty-eight acres, embracing a strip of land between Hyde's 200 acre pitch on the east and the creek, and extending north from Painter's mill lot to Abisha Washburn's pitch, along the paper mill street. In addition to the lots north of the village, already mentioned, a two hundred acre lot was laid out to Samuel Bentley, Jun., next north of Hyde's pitch. Next north of this Joel Evarts pitched a second hundred acre lot. Between the Bentley and Evarts lots .on the east, Abisha Washburn had a fifty acre pitch, and forth of these and south of the governor's lot Risley had a hundred acre pitch, extending to the creek. North of all these is the governor's 500 acres, in the northwest corner of the town, the east line of which is about the same as the east line of the highway from Harry Goodrich's to New Haven line. The southeast corner of the lot is the triangular piece, cut off from the main body by the roads, on which John A. Hammond resides.

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HISTORY OF MIDDLEBURY.

About

the year 1783, the proprietors voted to grant a right to Col. Seth Warner of Bennington. This right, in July of that year, he deeded to his son, "for the love and good will I have to my son Israel Warner, of said Bennington," as he expresses the consideration; and he describes the land as being voted to him by the proprietors "for services done by me in defence of their lands." The selection had been delayed until all the lands below the mountain had been taken up, and Col. Warner's son pitched his land on that part of the mountain, which has since been annexed to Ripton, and it is doubtful, whether much, if anything has been received from it, for the benefit of himself or family. The only survey was made in 1790, and is as follows:

"Surveyed

for Israel Warner, one hundred and seventy-seven acres of land., on the adventurer's right of Seth Warner, in the town of Middlebury, as follows: Beginning at a beech tree marked, and the southwest corner of a lot laid out to Appleton Foot, thence west ten degrees south 177 rods to a stake, thence north ten degrees west 160 rods to a stake, thence east ten degrees north 177 rods to a birch tree, the northwest corner of Appleton Foot's lot, thence to the first bounds, containing one hundred and seventy-seven acres"

shall have occasion to refer to other lots as we proceed with the settlement of the town.

CHANGE OF TERRITORIAL LIMITS.

The

following act was passed by the Legislature on the 25th day of October 1796, in pursuance of the vote of the town.

"An

act annexing part of the town of Cornwall to Middlebury: It is hereby enacted. by the General Assembly of the State of Vermont, that the northeasterly part of the town of Cornwall, in the County of Addison, hereinafter described, be, and the same is hereby annexed to the town of Middlebury, in said County, bounded as follows, viz: beginning at the southwest corner of said Middlebury, then running west so far that a north line will strike the west end of the long causeway, so-called, then on a straight line to the southeast corner of Ethan Andrus's farm, on which he now lives, thence on the east line of said farm to the northeast corner thereof, thence on a straight line to a large white-pine stump, from which was cut the shingle tree, so-called, thence north to tile north line of said Cornwall; thence cast on the north line of

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HISTORY OF MIDDLEBURY

said Cornwall to the westwardly side line of Middlebury, thence southerly on the westerly line of Middlebury to the first bounds; and the inhabitants, who do or may hereafter inhabit the above described tract of land, shall, in common with all the other inhabitants of said Middlebury, be entitled to all the privileges and immunities of said Middlebury."

would in this connection suggest to the wealthy towns of Middlebury and Cornwall, that it might not be improper to substitute more permanent monuments, for the changing and decaying boundaries referred to in this act. Not many years hence the "long causeway" may be converted into a civilized earth road, so that the "west end " shall disappear. "The southeast corner " and the "east line of Ethan Andrus's farm, on which he now lives" may soon be lost to all living men, through the Yankee propensity to change often the titles and boundaries of their farms; and even the stump of the "shingle tree," obstinate as pine roots are, has been already principally, if eat wholly removed, through the decay which time has wrought, as well as the necessities of the poor for wood.

The

Legislature, on the 11th day of November 1814; also enacted "That a tract of land on the east side of the mountain in Middlebury, in the County of Addison, described as follows, to-wit: beginning at the southeast corner of said Middlebury, thence west on the south line of said town one mile, thence northerly to a stake in the north line of said Middlebury, one mile and a. half from the north-east corner of said Middlebury; thence on said north line of said Middlebury, to the northeast corner thereof, thence to the first bounds, be and the same is hereby annexed to the town of Ripton, in said County, and the inhabitants that now do or hereafter may reside on said tract, shall be entitled to all the privileges and immunities with the other inhabitants of said Ripton."

another act passed on the 29th day of October 1829, the farm of Zebina Cushman, lying in Middlebury, and adjoining tile west line of Ripton as established by the preceding act was annexed to the latter town.-In these changes Middlebury has lost something in the extent of its territory, but has gained much in value, by exchanging the mountain land on the east for the fertile territory and the valuable water-power added from Cornwall on the west.