286

HISTORY OF MIDDLEBURY.

CHAPTER XII.


FURTHER SETTLEMENTS WEST OF THE CREEK--STILLMAN FOOT--APPLETON FOOT--HARVEY BELL--JOHN WARREN--CAPT. MARK-S. SARGEANT--J. M'DONALD--J.

DOOLITTLE--T. HAGAR--JUDGE PHELPS--J. JEWETT--J. BLIN--C. PORTER.

I
N addition to the superintendence of his mills, Stillman Foot erected on his mill yard a small building for a store, and was furnished with goods by Mr. Daniel Henshaw, then of Albany. These he sold as partner of Mr. Henshaw. His ill success in this business has been said to be the occasion of his selling his property here and removing out of the State. In the fall of 1800, he deeded his house and adjoining lands to Mr. Henshaw, and at that time, or afterwards, his saw mill. In December of the following year, he sold to John Warren his grist mill and appurtenances. In the spring of 1801, he went to Canton, N. Y., to examine the country and make provisions for his future residence, and in 1802, removed his family to that place.
Mr.
Henshaw moved with his family in the year 1803, and took possession of the house and property purchased of Foot. He became interested in some of the works below Appleton Foot's mills, and erected a building on the west side of the bridge, opposite Nichols' brick building, on land which is now vacant, the different apartments of which were rented for various uses. He erected, on the south side of his lot, a building designed for a store, and for some time used for that purpose, but which has since been transformed into a dwelling house, and is occupied by the widow and family of Rev. Lucius Clark. He built also the brick building north of his house now owned by Miss Thirza Adams. Besides superintending his saw mill and other works at the falls, he was, for

287

HISTORY OF MIDDLEBURY.

some time, engaged in the manufacture of paper at the Paper Mill Falls. He, and we believe all his family, were prominent and exemplary communicants in the Episcopal Church, and occupied a high social position in the community. He left a widow and an interesting family of children, and among them Rev. John P. K. Henshaw, late Bishop of Rhode Island.

About
the year 1794, Jonathan Nichols, Jun., an ingenius mechanic acquainted with the manufacture of iron and the various forms of working it, purchased of Appleton Foot land and a water power, and erected below Foot's mills, successively, a forge, trip-hammer and gun factory. He was not very successful in the prosecution of these establishments, and they fell into the hands of different persons, and were kept in operation partially for several years, but fell into decay and were finally consumed with the other works in that location. Josiah Nichols, a brother of Jonathan, also an ingenious mechanic, joined him in 1796, and continued to work in iron, in all required forms and at different places, until his death in 1836, at the age of sixty-five years. He left a widow, Mrs. Bathsheba Nichols, who is still living.

On
the land purchased by Nichols was a small house, of one story, between the dwelling house of Appleton Foot and his mill house, to which John Atwater, in 1801, added a second story. This afterwards became the property of Capt. Moses Leonard, and was occupied by him as a residence until his death, and is still occupied by his widow. Andrew Rutherford, a son-in-law of Capt. Leonard, afterwards erected the addition on the north end, and resided in it until he left town. Capt. Leonard was largely concerned in the works on the falls, and owned the Appleton Foot mills when they were burnt. Mr. Rutherford, after his marriage, was connected with him in business, and being a woolen manufacturer, built and occupied the woolen factory south of the passage to the creek. Capt. Leonard died in 1853, aged 79 years.

Appleton
Foot sold his mills in 1807, and removed with his family to Malone, N. Y., where he died in 1831, at the age of sixty-four years.
Among
the earliest settlers on the west side of the falls, was Har-

288

HISTORY OF MIDDLEBURY.

vey Bell, a fuller and dresser of cloth. He established his business here as early as 1791. He built a small house and shop on a lot which he purchased of Stillman and Appleton Foot, and on which now stand the brick house owned by John Vallette, Vallete's store and the large brick building, erected by the late Jonathan Hagar. He afterwards made an addition to his shop, and, in company with his brother, added to his other business that of a merchant. In February, 1797, he sold his premises to John Warren, of Marlborough, Mass., also a clothier, and removed to New Haven, and there, for two or three years, prosecuted his cloth dressing and merchandize. But the latter was unsuccessful, and terminated in the discontinuance of both. He then returned to Middlebury and purchased the lot, on Weybridge street, formerly owned by the late Adna Smith, for some years sheriff of the county, and now belonging to his widow. This lot had been sold by Nehemiah Lawrence to Jonathan Nichols, Jun., previous to his sale to Rhodes, and before that part of Cornwall was added to Middlebury. On this lot Bell built the present dwelling house, and resided in it for a time. In 1805 he purchased Amasa Stowell's tavern lot and opened and kept a public house, and in 1812 took a lease from Artemas Nixon of the Mattocks tavern house. While occupying this house, in December, 1814, he died, in the fiftieth year of his age.

John
Warren, after his purchase, went into possession and prosecuted his trade with great success and profit, and accumulated a large estate. Encouraged by his great success, in 1801 he purchased of Stillman Foot his grist mill lot, and its appurtenances, including all his land and privileges, which he had not deeded to Daniel Henshaw. Warren also, as early as 1804 or 1805, erected his large brick house on the Bell lot. About the commencement of the war of 1812, Mr. Warren, not content with the income which had made him independent, undertook to establish a cotton factory. For this purpose he made large additions to his grist mill buildings, and built and otherwise procured the requisite machinery. But the business was then in its infancy in this country; the machinery was not adapted to the successful prosecution of it, and required frequent changes to keep up with the improvements made. Although the

289

HISTORY OF MIDDLEBURY.

goods sold at high prices during the war, they fell after its termination, the factory and mill and accompanying buildings were burnt, and being left with no great abundance, Mr. Warren sold out his premises and returned to Massachusetts.

Capt.
Ebenezer Markham had been in mercantile business in Canada, and was detained there a prisoner during the war of the revolution, but after its close returned to the States. In the meantime, through some connection with others, he became involved in large debts. While in Shoreham, the debts were prosecuted, and he was committed to the liberties of the jail in Middlebury in the spring of 1795. The first year he lived here without his family and tended bar for Mr. Mattocks. In the spring of 1796, he established a nail factory in a room at the end of Stillman Foot's saw mill, which was said to be the first nail factory in the State. The same year he moved his family here, and resided with them in the nail factory through that year. The following spring he took a lease of Foot for four years, which was extended from time to time, of a small lot, north of Foot's house and extending to the creek. The lease contemplated that the lot should be fitted and used for a garden, but gave the right to erect buildings, which were to belong to Markham and paid for by Foot at the termination of the lease. Under this lease Capt. Markham, in 1797 built the north half of the house now occupied by Mrs. McLeod his daughter. While doing this he put up some posts on the premises, covered them with boards, and occupied this shanty with his family. In the year 1800, in anticipation of the session of the legislature to be held here the fall following, he erected the south half of the house. In this building he opened a public house, which he continued until his death. He died in February 1813, of the prevailing epidemic, at the age of 64 years. The property has since continued in the family and is owned by his daughter Mrs. McLeod, who has furnished most of the foregoing details. Mrs. Markham, his widow, who was the daughter of Benjamin Kellogg, one of the earliest settlers on the lake shore in Addison, survived him and died in January 1850, at the age of 85 years.

Samuel
Sargeant, a goldsmith from Worcester, Mass., purchased

290

HISTORY OF MIDDLEBURY.

the lot on the Weybridge street, on which Harmon A. Sheldon resides. He also purchased the lot next north of it then owned by Elias Wilder. On the lot first mentioned he built a house of one story, in which he resided several years. This house he removed to the Wilder lot, and built the present two story house. In this he resided until the year 1847, when he died at the age of eighty years. He continued his business until the infirmities of age induced him to retire from it. James McDonald, Esq., who married his daughter, purchased and, for several years, occupied the one story house, which had been removed. William Flagg, a carpenter and joiner, and a respectable citizen, afterwards purchased and resided in it until his death. Mr. Flagg was engaged in finishing a contract for building a church in West Rutland, which was nearly completed, when the scaffolding on which he stood gave way, and he fell to the ground; from which he received a fatal injury and died August 24, 1854, aged 49 years. His family still occupy the house.

Mr.
McDonald, on leaving this house, purchased the lot where he now resides. An old house standing on it he removed and built his present brick house. Mr. McDonald had been successfully engaged in the mercantile business, for several years, in the room in Sargeant's building now in possession of Mr. W. H. Remsen. He retired from this business some years ago, satisfied with his previous accumulations, and is now the accomplished town clerk of Middlebury. Mr. McDonald was succeeded in his mercantile business, by Harmon A. Sheldon, who occupied the same room until the completion of Davenport's block. Since which he has occupied a room in that building, with greatly enlarged business. The old house, on the lot where Mr. McDonald now resides, was built as early as 1801, by David Dickinson, and used by him for a store. It was afterwards fitted up for a dwelling house, and was for several years the residence of Hon. Joel Doolittle, previous to his purchase of the house of Erastus Hawley, as elsewhere stated.
Thomas
Hagar, before mentioned, in 1813, purchased the lot and small house from which Dr. Willard removed, and erected a large house now standing there. He resided in it several years with his family, and was succeeded by Hon. Samuel S. Phelps, who resi-

291

HISTORY OF MIDDLEBURY.

ded in it until his death. It is still the residence of his family.

Samuel
Sheather Phelps,* was born at Litchfield, Conn., May 13, 1793. His father, John Phelps, was a wealthy and respectable farmer of that place, and a soldier of the revolution. Samuel was graduated at Yale College in 1811, with credit to himself, although considerably younger than most of his class,-among whom were Hon. John M. Clayton of Delaware, and Hon. Roger S. Sherman of Connecticut. The following winter he spent at the Litchfield law school, and attended the lectures of Judge Reeve and Judge Gould. In the following spring he came to Middlebury, and continued his studies in the office of Hon. Horatio Seymour. At that time of the declaration of war in 1812, he was a decided supporter of the administration. Soon after hostilities commenced, he was drafted as one of 100,000 men, who were to hold themselves in readiness. During the summer he was ordered to the Canadian frontier, and served in the ranks at Burlington and Plattsburgh. In the fall he received the appointment of paymaster in the United States service. In this capacity he remained while his services were needed.
On
his return to Middlebury he resumed his law studies, and was admitted to practice at the December Term 1814. He continued in extensive and successful practice in this and other Counties until 1831. In the meantime, in 1827, he was elected one of the Council of Censors. The address to the people, put forth by this Council was written by him. In 1831 he was chosen a member of the legislative council, and during the session of the legislature that year he was elected a judge of the Supreme Court. This office he held by successive elections until 1838. In the autumn of that year he was elected to the senate of the United States, his term to commence on the 4th of March following. In the fall of 1844 he was re-elected for a second term, which expired on the 3d of March 1851.

Judge
Phelps was distinguished, as a judge, by his clear, discrim-

----------
*In the Whig Review July 1850, is a biographical sketch of Judge Phelps, written by J. H. Barrett, Esq., then editor of the Middlebury Register. We use some of its materials, and such others as are within our reach, in forming this notice.

292

HISTORY OF MIDDLEBURY.

and comprehensive views, and thorough mastery of his subject; and his decisions, as they appear in the reports from 1831 to 1838, were distinguished by clear, forcible and convincing arguments and language. He left the bench with a prominent reputation. He was distinguished by similar traits as an advocate. In this character his reputation was not confined to his own state or to New England. His arguments, before the Supreme Court of the United States, have made him known generally as a cogent and powerful reasoner, and his talents were recognized by distinguished men, capable of judging.

As
a senator, Judge Phelps was cautious and conservative, and did not incline to take a leading position, as some of his friends thought he ought. He did not take himself common as a speaker, but reserved his efforts for the more important questions and occasions. But his influence, though silent, was felt, and his reputation recognized through the senate as a statesman of sound, discriminating and practical talents. Several of his speeches, which were published, gave him a prominent reputation through the country. His labors on the committees of claims and Indian affairs were highly appreciated, and it is said that the recommendation of his reports, fortified as they were by a clear, definite statement of the case, were seldom, if ever, rejected.
After
the close of his second term in the senate, Judge Phelps retired to private life in his own home, and employed himself, as far as he had leisure from other avocations, in the superintendence of his farm. But he was frequently called from his retirement for counsel and professional aid in the trial of important causes, in different parts of the state, and beyond its limits.

While
Judge Phelps was thus situated, Daniel Webster died, October 24, 1852, and his friends in Middlebury decided to take some notice of so important an event, appointed a meeting to be held on the 11th of November, and requested Judge Phelps to deliver an address on the occasion. He was well qualified to perform this service, for he had been long personally acquainted with Webster in all the positions in which his talents as a statesman and advocate had been exhibited. On the day appointed, a large audience assem-

293

HISTORY OF MIDDLEBURY.

bled in the Congregational church, and Judge Phelps delivered an unwritten address, for nearly two hours, to a quiet and interested assembly. He took advantage of his text,-the life and character of Daniel Webster,-to impress upon his audience his own views on many important political subjects, and on the true character of a statesman. Application was made to him, numerously signed, requesting a copy for publication. But for some reason it was never furnished. Being an unwritten address, he probably found no sufficient leisure to write it out.

One
of the deepest convictions, which seemed to occupy the mind of Judge Phelps, in the later years of his life, was, that the continuance of our civil and political institutions depends wholly on the influence of Christian principle among the people. In his eulogy on Daniel Webster, there was no topic, which he more earnestly pressed, and no trait in his character, which he more earnestly commended, than that, being a descendant of the puritans, he was an inheritor of their principles.
In
January 1853, occurred the death of Mr. Upham, then United States Senator from this State. Judge Phelps being in Washington on other business, Governor Fairbanks sent him an appointment to supply the vacancy. He remained in discharge of the duties of that position through that session. At the "next meeting," in the ensuing fall, the legislature failed to make an appointment, and it was a mooted question whether a senator appointed by the executive would not continue to fill the vacancy, while it should last. By the solicitation of his friends, he went on, at the next session, to claim his seat, but a majority of the senate decided against his claim.

Judge
Phelps died at his residence on the 25th of March 1855 in the sixty-second year of his age.

Jonathan
Hagar, brother of Thomas Hagar, had also been in business in Montreal, and at the commencement of the war of 1812, retreated from Canada and settled in Middlebury. He entered extensively into the mercantile business, and for its accommodation erected the large brick building next west of the brick house built by John Warren. He also soon after built the two dwelling houses, on the east side of the Weybridge road, next north of his late resi-

294

HISTORY OF MIDDLEBURY.

dence, now severally owned by Chester Elmer and Orin Abby. On the lot where he resided was a small house built by David H. Griswold, who, at an early day, commenced and for a few years continued the practice of law. Here Mr. Hagar built the two story front, and resided in it with his family until his decease. It is now owned by Rev. Joseph Steele and is the residence of his family. After a few years, Mr. Hagar exchanged his former business for book selling, which he continued until his infirmities forced him to retire from it. He was employed in various offices and trusts, and among them was treasurer of the County, and treasurer of the Middlebury Savings Bank for many years preceding his death. He was also representative of the town in the legislature for three or four years. He died in April 1855, at the age of seventy-seven.

The
lot now owned and occupied by Russell Vallett Esq., between Mr. Steele's residence above mentioned, and the Wilder lot occupied by the family of the late William Flagg, was owned, by a title derived from Appleton Foot, by Gen. Hastings Warren, who built a small house on it, and, on the 6th of March 1815, sold it to Nichols and Pierpoint, cabinet makers from Litchfield Conn. They built a shop on it for the use of their business, and occupied it for several years. The present house was built by Mr. Vallett.
Mr.
James Jewett commenced his apprenticeship, in the cloth dressing business, with John Warren in 1797. In 1806 he entered into partnership with Warren, and they together purchased the carding machines of Artemas Nixon, which he established here in 1801, and which were the first brought into the county, and added them to their other business. Mr. Jewett soon after purchased of Elias Hall part of a lot, which he had a few years before purchased of Col. Storrs, and erected the dwelling house, in which he has ever since resided. On the other part of the lot, owned and lately occupied by Jason Davenport, Hall drew a blacksmith shop and fitted it up, which, he says, is the same dwelling house now there.

The
lands in this neighborhood were purchased of Col. Storrs and occupied at an early day, but the original settlers and their successors were mostly temporary residents. The first house on the lot, where George Cleveland Esq. resided for many years before his

295

HISTORY OF MIDDLEBURY.

death, and now occupied by Professor Parker, was built by Nathan. Hubbard. From him Cleveland purchased it, and about the year 1814, enlarged the old house or built a new one for his residence. He came to Middlebury as early as 1805 or 1806, and pursued the mercantile business for several years. He was appointed collector of the direct tax under the administration of Mr. Madison, and held the office of postmaster for twenty years from 1809. He died in February 1851, aged eighty-two years, and his widow, who survived him, in May 1853, at the age of eighty-seven years.

Soon
after the present road was laid out to Cornwall in 1803, Ethan Andrus Esq. from Cornwall, owning a farm on that road, built the house now occupied by the family of the late Dea. Cyrus Porter,* until he exchanged his farm in Cornwall with Dr. Mattews as elsewhere stated. After this he resided in the Matthews house until his death in 1841 at the age of eighty-five years.
In
1810, Jonathan Blin from Orwell, purchased the house above mentioned, built by Andrus, and after residing in it a few years sold it to William G. Hooker, and purchased the lot on the corner, made by the Cornwall road and the street running south, on which had been erected a small house still standing, and built the present two story house. He resided here while he lived. He died in 1832, at the age of seventy-one years.

We
here close our minute details of the settlement of the village. In a few instances we have gone beyond our original design. There are still many other cases, especially on streets more recently opened, which our limits do not permit us to notice. With these we include the residences on the Grammar School Common.

----------
*Dea.
Cyrus Porter from Farmington, Conn., purchased this farm of Dr. William G. Hooker, in February 1829, and about that time moved on to it, with his family and resided on it until the time of his death, which took place April 1, 1857, at the age of 62 years. He was an active and efficient member and deacon of the Congregational Church, and a respectable citizen. His death was a very sore affliction to his widow and numerous family, as well as serious loss to the church.