USA > Vermont > Addison County > History of Addison county Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 15
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The Vermont and Canada Railroad Company was incorporated by the General Assembly October 31, 1845, and amended and altered November 15, 1847, giving a right to build a railroad "from some point in Highgate, on the Canada line, thence through the village of St. Albans, to some point or points in Chittenden county, most convenient for meeting at the village of Burlington a railroad to be built on the route described in the acts to incorpo- rate the Champlain and Connecticut River Railroad Company, and the Ver- mont Central Railroad Company." The route decided upon was from Rouse's Point to Burlington, a distance of fifty-three miles, passing through the towns of Colchester, Milton, Georgia, St. Albans, Swanton and Alburgh. Ground was broken for its construction early in September, 1848, in the northern part of Georgia, and it was completed and opened to the public early in 1851.
The Vermont Central Railroad touches the northeastern corner of the town of Granville, but exerts only a slight influence on this county.
By the subsequent organization of the present Central Vermont Railroad Company, however, these roads all came under its control, and are now op- 9
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HISTORY OF ADDISON COUNTY.
erated by the same, as different branches of the Central Vermont Railroad. The company had its principal office at St. Albans, with the following list of officers : J. Gregory Smith, president; J. R. Langdon, vice-president ; J. W. Hobart, general manager; J. M. Foss, general superintendent and master me- chanic; E. A. Chittenden, superintendent of local freight traffic; and S. W. Cummings, general passenger agent. Directors, J. Gregory Smith, J. R. Lang- don, W. H. H. Bingham, B. P. Cheney, Ezra H. Baker, Joseph Hickson, E. C. Smith ; clerk, George Nichols ; treasurer, D. D. Ranlett.
The Champlain and Connecticut River Railroad was incorporated Novem- ber I, 1843. The first meeting of stockholders was held at Rutland, May 6, 1845, with Timothy Follett, of Burlington, chairman, and Ambrose L. Brown, of Rutland, clerk. It was voted to open subscriptions for stock June 10, 1845. By the 12th, more than 2,000 shares having been subscribed to the capital stock, stockholders were notified to meet at the court-house in Rutland for choice of nine directors, which were chosen as follows : Timothy Follett, Sam- uel Barker, Ira Stewart, Charles Linsley, John A. Conant, Chester Granger, George T. Hodges, William Henry and Henry N. Fullerton. Subsequently, January 14, 1846, the following were chosen directors in place of the old board : Timothy Follett, Samuel P. Strong, William Nash, Charles Linsley, John A. Conant, Chester Granger, George T. Hodges, Nathaniel Fullerton, William Henry, John Elliott, Horace Gray, Samuel Dana and Samuel Hen- shaw, with Timothy Follett president.
The first blow towards its construction was struck during the month of February, 1847, in the town of Rockingham, near Bellows Falls. Two years and nine months sufficed to complete the road, and it was opened through December 18, 1849.
The name of the road was changed to the Rutland and Burlington Railroad Company by an act of the Legislature, November 6, 1847. It was subse- quently changed to the Rutland Railroad Company. Hon. John B. Page was president at the time of his death, in October, 1885, and Joel M. Haven treas- urer. Thus, through various changes and vicissitudes, litigation and bank- ruptcy, the whole line, its buildings, etc., on the Ist day of January, 1871, was leased for a period of twenty years to the Vermont Central Railroad Company.
The Addison branch of the Central Vermont Railroad was a project due to the managers of the Rutland Railroad, which was inaugurated in 1870. The line extends from Leicester Junction westward through the towns of Whiting, Shoreham and a part of Orwell, and thence across Lake Champlain into New York, a distance of fourteen miles. The contract for building the road was let to W. Phelps & Son, who finished the road in 1871, at a cost of about $500,- 000, including the bridge across the lake. The line is now included in the lease of the Central Vermont.
All of these lines of road have undoubtedly had their influence upon this
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BUILDINGS, SOCIETIES, INTERNAL IMPROVEMENTS, ETC.
county and for the general good of the inhabitants. It is one of the inevitable consequences of building railroads that some sections must suffer for the up- building of others; but the great advantages to a State or county at large can- not be questioned. Real estate almost always advances in value, and the fact of ample railroad communication between any given point and others at a dis- tance tends to invite settlement and business operations to that point.
COUNTY CIVIL LIST.
Chief Judges of the County Court until the new organization of the Judi- ciary in 1825. - John Strong, Addison, 1785-1801 ; Joel Linsley, Cornwall, 1801-07; Henry Olin, Leicester, 1807-08; Joel Linsley, Cornwall, 1808-10; Henry Olin, Leicester, 1810-24; Dorastus Woodbury, Middlebury, 1824-25.
Assistant Judges of County Court. - Gamaliel Painter, Middlebury, 1785- 86; Ira Allen, Colchester, 1785-86; William Brush, Vergennes, 1786-87; Abel Thompson, Panton, 1786-87; Hiland Hall, Cornwall, 1786-89; Samuel Lane, Cornwall, 1786-87 ; Gamaliel Painter, Middlebury, 1787-95 ; Abel Thompson, Panton, Joel Linsley, Cornwall, 1795-1801 ; Abraham Dibble, Vergennes, 1801-05 ; Henry Olin, Leicester, 1801-07; Samuel Strong, Vergennes, 1805- 08; Charles Rich, Shoreham, 1807-13 ; Henry Olin, Leicester, 1808-10; Mat- thew Phelps, jr., New Haven, 1810-12; Samuel Shepard, Panton, 1812-13; Samuel Strong, Vergennes, 1813-15 ; Ezra Hoyt, New Haven, 1813-18 ; Chas. Rich, Shoreham, 1815-16; William Slade, jr., Middlebury, 1816-22; Stephen Haight, jr., Monkton, 1818-25 ; Elisha Bascom, Shoreham, 1822-24; Ezra Hoyt, New Haven, 1823-24; John S. Larrabee, Shoreham, 1824-25 ; Daniel Collins, Monkton, 1824-25; Dorastus Wooster, Middlebury, 1825-31; Eben W. Judd, Middlebury, 1825-29; Silas H. Jenison, Shoreham, 1829-35 ; Will- iam Myrick, Bridport, 1831-33 ; Samuel H. Holley, Bristol, 1833-42; Calvin Solace, Bridport, 1835-38; Davis Rich, Shoreham, 1838-42; Calvin Solace, Bridport, 1842-44; Fordyce Huntington, Vergennes, 1842-44; Dorastus Wooster, Middlebury, 1844-46; Jesse Grandey, Panton, 1844-45 ; Ville Law- rence, Vergennes, 1845-47; George Chipman, Ripton, 1846-49; Elias Bot- tum, New Haven, 1847-49; Calvin G. Tilden, Cornwall, 1849-51; Nathan L. Keese, Ferrisburgh, 1849-51; Joseph Haywood, Panton, 1851-54; Roswell Bottum, jr., Orwell, 1851-54; Dorastus Wooster, Middlebury, 1854-55 ; Eras- tus S. Hinman, New Haven, 1854-56; Samuel Swift, Middlebury, 1855-57; John W. Strong, Addison, 1856-58; M. W. C. Wright, Shoreham, 1857-58; Harrison O. Smith, Monkton, 1858-59; Samuel E. Cook, Weybridge, 1859- 60; William W. Pope, Lincoln, 1860-61 ; John B. Huntley, Bridport, 1861- 62; Oliver Smith, New Haven, 1862-63; Abel Walker, Whiting, 1863-64; Edwin Everts, Waltham, 1864-65 ; Ebenezer H. Weeks, Salisbury, 1865-66; Jonas N. Smith, Addison, 1866-67 ; James M. Slade, Middlebury, 1867-68; Norman J. Allen, Ferrisburgh, 1868-69; Joseph K. Ferre, Bridport, 1869-69;
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HISTORY OF ADDISON COUNTY.
Thurman Brooking, Shoreham, 1870-71; Isaiah L. Strong, Starksboro, 1870- 71; Lewis L. Beers, Monkton, 1872-73; J. W. Boynton, Orwell, 1872-73 ; A. D. Hayward, Weybridge, 1874-75 ; John E. Roberts, Vergennes, 1874-75 ; Royal D. Hedden, Salisbury, 1876-77 ; Daniel H. Sargent, Lincoln, 1876-77 ; Henry B. Williams, Monkton, 1878-79; Harvey Z. Churchill, Goshen, 1878- 79; C. W. Wickes, Ferrisburgh, 1880-81 ; Henry N. Solace, Bridport, 1880- 81 ; Carleton T. Stevens, Vergennes, 1882-83; George L. Harrington, Wey- bridge, 1882-83 ; Henry Lane, Cornwall, 1884, now; Edson A. Doud, New Haven, 1884-85 ; William L. Wright, Waltham,1 1885.
Judges of Probate, District of Addison. - John Strong, Addison, 1787- 1801 ; Darius Matthews, Cornwall, 1801-19; Samuel Swift, Middlebury, 1819- 41 ; Silas H. Jenison, Shoreham, 1842-47; Horatio Seymour, Middlebury, 1847-55 ; Calvin G. Tilden, Cornwall, 1855-68; Samuel E. Cook, Middlebury, 1868-79; Lyman E. Knapp, Middlebury, 1879, now in office. District of New Haven. - Ezra Hoyt, New Haven, 1824-29; Noah Hawley, Vergennes, 1829-31 ; Jesse Grandey, Panton, 1831-33 ; Adin Hall, New Haven, 1833-35 ; Harvey Munsil, Bristol, 1835-71; John D. Smith, Vergennes, 1871, now in office.
State's Attorneys. - Seth Storrs, Addison, 1787-97 ; Daniel Chipman, Mid- dlebury, 1797-1804; Loyal Case, Middlebury, 1804-08 ; David Edmond, Ver- gennes, 1808-10; Horatio Seymour, Middlebury, 1810-13; David Edmond, Vergennes, 1813-15 ; Horatio Seymour, Middlebury, 1815-19; David Ed- mond, Vergennes, 1819-24; Noah Hawley, Vergennes, 1824-24; Enoch D. Woodbridge, Vergennes, 1824-27; George Chipman, Middlebury, 1827-30; William Slade, Middlebury, 1830-31; Ebenezer N. Briggs, Salisbury, 1831- 39; Ozias Seymour, Middlebury, 1839-45 ; George W. Grandey, Vergennes, 1845-48; John Prout, Salisbury, 1848-51; John W. Stewart, Middlebury, 1851- 54; Frederick E. Woodbridge, Vergennes, 1854-59; William F. Bascom, Mid- dlebury, 1859-63 ; Henry S. Foote, Middlebury, 1863-66; Levi Meades, Ver- gennes, 1866-68; George W. Grandey, Vergennes, 1868; Ira W. Clark, Mid- dlebury, 1870; Joel H. Lucia, Vergennes, 1872; George R. Chapman, Ver- gennes, 1874; James M. Slade, Middlebury, 1878; E. W. J. Hawkins, Starks- boro, 1882, now in office.
Sheriffs. - Noah Chittenden, Jericho, 1785-86; Gamaliel Painter, Middle- bury, 1786-87 ; Samuel Strong, Vergennes, 1787-89 ; John Chipman, Middle- bury, 1789-1801; William Slade, Cornwall, 1801-II; Jonathan Hoyt, jr., New Haven, 1811-12; John Willard, Middlebury, 1812-13; Samuel Mattocks, Middlebury, 1813-15 ; Jonathan Hoyt, jr., New Haven, 1815-19; Abel Tom- linson, Vergennes, 1819-24; Stephen Haight, Monkton, 1824-28; Seymour Sellick, Middlebury, 1828-31 ; Marshall S. Doty, Addison, 1831-33; Azariah Rood, Middlebury, 1833-35 ; William B. Martin, Middlebury, 1835-36; Aza-
1 Appointed in place of E. A. Doud, resigned.
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BENCH AND BAR.
riah Rood, Middlebury, 1836-37 ; Ethan Smith, Monkton, 1837-39; William B. Martin, Middlebury, 1839-40; Adnah Smith, Middlebury, 1840-42; Gaius A. Collamer, Bristol, 1842-44; David S. Church, Middlebury, 1844-59; Will- iam Joslin, Vergennes, 1859; G. A. Collamer, Bristol, 1859-67 ; Isaac M. Tripp, Middlebury, 1867-78; Noble F. Dunshee, Bristol, 1878-84; Howard Clark, 2d, Lincoln, 1884, now in office.
High Bailiffs .- Samuel Mattocks, Middlebury, 1798-1806 ; John Warren, Middlebury, 1806-08; Artemas Nixon, Middlebury, 1808-10; Moses Leon- ard, Middlebury, 1810-12 ; James Jewett, Middlebury, 1812-13; Benjamin Clark, Weybridge, 1813-14; Eliakim Weeks, Salisbury, 1814-16; Wightman Chapman, Weybridge, 1816-26; Nathaniel Foster, Middlebury, 1826-29; John Howden, Bristol, 1829-30; Marshall S. Doty, Addison, 1830-31 ; My- ron Bushnell, Starksboro, 1831-33; Milo Winslow, Middlebury, 1833-35 ; Gaius A. Collamer, Bristol, 1835-37; Wightman Chapman, Weybridge, 1837-39 ; Harry Goodrich, Middlebury, 1839-40 ; Asa Chapman, Middlebury, 1840-49 ; George C. Chapman, Middlebury, 1849-50; William Joslin, Ver- gennes, 1850-53 ; G. A. Collamer, Bristol, 1853-57 ; L. S. Crampton, Leices- ter, 1857-61 ; Ira Raymond, Orwell, 1861-64; Edward Gorham, Addison, 1864-78; J. W. Barney, Ferrisburgh, 1878-82; Henry B. Ripley, Ripton, 1882, now in office.
County Clerks .- Samuel Chipman, jr., Vergennes, 1785-86; Roswell Hop- kins, Vergennes, 1786-1803 ; Darius Matthews, Middlebury, 1803-08; Mar- tin Post, Middlebury, 1808-10; John S. Larrabee, Middlebury, 1810-14; Samuel Swift, Middlebury, 1814-46; George S. Swift, Middlebury, 1846-55 ; John W. Stewart, Middlebury, 1855, one term; Dugald Stewart, Middlebury, 1855-70; Rufus Wainwright, Middlebury, 1870, now in office.
County Treasurers .- Darius Matthews, 1803-08 ; Hastings Warren, 1808- 19; Justus Foot, 1819-26; Jonathan Hagar, 1826-55 ; Harmon A. Sheldon, 1855-70; John G. Wellington, 1870-78; Charles E. Pinney, 1878, now in office.
CHAPTER X.
BENCH AND BAR OF ADDISON COUNTY.
Early Independence of Vermont - The Judicial System - The Town Meetings - Acts of Early Conventions - The Council of Safety - Court of Confiscation - Superior Court - Court of Chancery - Probate Courts -- Courts of Insolvency - Probate Judges of Addison County - County Courts -Justices of the Peace -- Judges of the County Court -Supreme Court Judges - Biographical Sketches.
1
IN the early history of Vermont there is so much of individual personal in- dependence manifest that we are not surprised at a bold and fearless disre- gard of precedent, nor that a territory and people that presented the most nota-
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HISTORY OF ADDISON COUNTY.
ble example of absolute independence of any one of the States in the Union should establish a State and conduct its affairs for fourteen years before she was received into the Union, with no help from others, admitting no allegiance to others, and no obligations save those assumed when her leading men signed that immortal document pledging their lives and fortunes to assist the older States to cast off the British yoke. In every department of government they were a law unto themselves.
The judicial system of Vermont grew from small beginnings, originating in the necessities of the inhabitants and expanding as the needs became apparent. No other State has had an experience like Vermont. A bone of contention to New York and New Hampshire ; frowned upon by Congress and sought after by Canada, with no acknowledged government or authority over the territory, the inhabitants were led on by the supreme law of self-protection to provide some form of government, and after her declaration of independence in 1777, to enact laws and establish courts was a matter of no small moment, requiring men of great organizing and executive ability and of the soundest discretion and judgment.
The bulk of the population was bold and energetic men of fearless cour- age, undaunted by physical suffering, with very decided views of personal in- dependence; "men of rude frankness and a generous hospitality, but withal impatient of even wholesome restraint and capable of fierce resentments." Many of them were unlearned, while others had been educated in the older States and were well adapted to lead in the affairs of a young and growing State.
The first attempts to establish any legal organization grew out of the town meetings, which were provided by the charters of all the towns, and in which the moderator was named and directed to call such meetings for the election of town officers. Owing to the trouble with the New York claimants of their lands the freemen in these town meetings appointed committees of safety and these town committees, called in some unexplained manner, met and consti- tuted conventions, and these conventions, " desiring the inhabitants to meet by delegates," grew by the acquiescence of the people into a power " which es- tablished the State, ruled it for a brief period, and gave it in due time a con- stitution."
This outgrowth from the common wants and dangers grew into life and form by the imperious law of necessity.
Among the early acts of conventions and the first attempt at legal restraint it was voted to erect a gaol at Manchester for securing Tories, and the general convention which met at Westminster January 15, 1777, declared in a petition to Congress that the " convention of New York have now nearly completed a code of laws for the future government of that State which, should they be called upon to put in execution, will subject your petitioners to the fatal neces-
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BENCH AND BAR.
sity of opposing them by every means in their power." In June following they established a board of town committees for the trial and punishment of per- sons "inemical to their country," but if found by the board to be worthy of death, they were to " imprison them in a common gaol or gaols within this State, there to remain without bail until a proper court shall be established in this State to try him or them."
In July, 1777, the "Council of Safety " was established as a temporary sub- stitute for a State government in time of war. Their powers were only limited by the exigencies of the times and they exercised judicial powers. It is not clear just when or how justices of the peace were first appointed, but a list is found " of the justices of peace chosen and authorized by virtue of an act of assembly at Bennington June 17, 1778." March 17, 1778, the whole of West- ern Vermont was named Bennington county, and March 26 a Court of Con- fiscation was appointed for Bennington county ; some special courts were pre- viously appointed. The first record of higher courts of law is where a " Su- perior Court appointed by the Legislature of 1778 " is mentioned, but no such law in that year is now to be found. In February, 1779, the Legislature es- tablished a Superior Court, consisting of five judges with unlimited jurisdiction in all causes of action, with the following exceptions : "That this court shall not have cognizance of any action when the matter in demand does not exceed twenty pounds or the fine does not exceed twelve pounds, except by appeal." "That this court shall have no power to try any action or title of land for the year ensuing."1
The times and places of holding this court were fixed to be at Bennington on the second Thursday of December next, Westminster on the second Thurs- day of March next, Rutland on the second Thursday of June next, Newbury on the second Thursday of September next.
In October, 1779, it was enacted "that in future the judges of the Superior Court shall be chosen in October annually by the governor, Council and House of Representatives, by their joint ballot," and at this same session the Superior Court was constituted a court of equity. It is supposed that the last session of this court was at Rutland in the spring of 1783, as it was supplanted by an act of June, 1782, by which it was provided "that there shall and hereby is constituted a Supreme Court of Judicature within and for this State, to be held and kept annually at the respective times and places in this act hereafter men- tioned, by one chief judge and four other judges to be chosen by ballot by the governor, Council and General Assembly annually at their October session." The Supreme Court, until 1786, consisted of one chief judge and four assistants; from 1786 to 1825 it consisted of three judges; in 1825, 1826 and 1827 of four judges ; from 1827 to 1850 of five, and from that time to 1857 of three Supreme Court judges and four circuit judges ; from 1857 of six, until the law of 1870 created seven, as at present.
1 Slade's State Papers, page 299.
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HISTORY OF ADDISON COUNTY.
Court of Chancery .- At the October session of the Legislature in 1779 the Suprior Court was made a Court of Equity. By subsequent enactments the judges of the Supreme Court were made chancellors, and the " powers and jurisdiction of the Chancery Court to be the same as those of the Court of Chancery in England, except as modified by the constitution and laws of the State," and two stated terms were to be held annually in each county, to com- mence on the days appointed by law for holding the County Courts.
Probate Courts .- The first act establishing Probate Courts (by Vermont legislation) was undoubtedly passed June 17, 1778, but "the laws of that year were not recorded, and this first essay at legislation by the government of Ver- mont has been lost to succeeding generations."1
Under date of October 20, 1778, a list of probate judges is given in Gov- ernor and Council, vol. I, p. 280, as follows: "Bennington district, Captain John Fassett; Manchester district, Martin Powel, esq .; Rutland district, Joseph Bowker, esq .; Newbury district, General Jacob Bailey ; Hartford district, Paul Spooner, esq .; - district, Major John Shephardson." In the various acts in regard to Probate Courts they are made Courts of Record and have a seal, and have special original jurisdiction of the settlement of estates and appoint- ment of guardians.
Courts of Insolvency .- These courts were established in 1876 and judges of probate given jurisdiction of the settlement of insolvent estates.
Judges of Probate Courts for the County of Addison .- At the organization of the county in 1785 John Strong, of Addison, was appointed by the Gov- ernor and Council probate judge, and at the next March election he was elected by the people, and after that by the Legislature till 1801, when he declined an election, and Darius Matthews, of Cornwall, was elected and held the office eighteen years. In 1819 Samuel Swift, of Middlebury, was elected and held the office by successive elections for twenty-two years. While he was judge of this court in 1824 a second district was formed of the ten northern towns in the county, named New Haven district, and Ezra Hoyt, of New Haven, was elected the first judge of the district. He continued in the office five years. Noah Hawley, of Vergennes, elected 1829 and 1830; Jesse Grandey, of Pan- ton, elected 1831 and 1832; Adin Hall, of New Haven, elected in 1833 and 1834; Harvey Munsill, of Bristol, elected 1835, continued to hold the office by re-election annually till December 1, 1870; in 1870 J. D. Smith was elected and is the present incumbent.
In the district of Addison Judge Swift continued in office till Silas H. Jeni- son, of Shoreham, was elected in 1842, and was in the office six years ; Horatio Seymour, of Middlebury, elected 1847, served six years ; Calvin G. Tilden, of Cornwall, was elected in 1855 and continued to 1868; Samuel E. Cook as- sumed the office in the year 1868 and retained it until 1879, when Lyman E. Knapp received the election and now administers the office.
1 Slade's State Papers, p. 287.
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BENCH AND BAR.
County Courts on the west side of the mountain were first held at Tin- mouth April 24, 1781. The law of 1782 defined the powers of County Courts and justices of the peace and gave to County Courts " power to hear and de- termine all crimes and misdemeanors not capital and which by law are cogniz- able before said court. And also to hear and determine all civil actions and suits between parties when the demand or matter in dispute shall exceed the sum of six pounds, and all suits appealed from justices' courts." In 1797 ju- risdiction was given County Courts in all criminal matters of every name and nature except such as are made cognizable only in the Supreme Court or be- fore justices of the peace, and all civil causes with the same exceptions.
Justices of the peace, so called, appointed by New York, were found in Vermont at an early day, but obtained little respect or favor from the true Vermonter. The first constitution provided that courts of justice shall be estab- lished in every county in this State, and that the freemen in each county respect- ively shall have the liberty of choosing the judges of inferior courts of common pleas, sheriffs and judges of probate. In 1778 it was resolved by the Governor and Council that the justices of the peace whose names have been returned to the governor, or that shall be hereafter returned, shall be commissioned for the year ensuing.
The law of 1782 gave to justices jurisdiction in criminal matters, when the fines or forfeitures are within forty shillings and the corporal punishment does not exceed ten stripes, and in civil actions (other than actions of defamation and actions where the title of land is concerned), when the debt or other mat- ter in demand does not exceed the sum of four pounds, and in all specialties ; notes of hand and settled accounts not exceeding six pounds; the last-named amount was afterwards raised to fifty dollars, then to one hundred dollars, and then fixed as it now stands; in criminal cases when the fine does not exceed twenty dollars (with special exceptions regulated by statute), and power to bind over for trial in County Court for greater offenses, and in civil cases where the amount in dispute does not exceed two hundred dollars.
Great confusion has existed and some misstatements have been published in regard to the first County Courts in Addison county and the officers thereof; but the following explanation is gathered from the article by Hon. David Read, in Miss Hemenway's work, and the records of Governor and Council, by Hon. E. P. Walton : "By the act incorporating Addison county (October 18, 1785), the towns of Addison and Colchester were made half shires and the courts were to be held on the first Tuesday of March and second 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 com- mission them for the time being."
On the 25th of October, 1785, the appointments were made as follows (see Governor and Council, vol. III, p. 91) :
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