History of Chittenden County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 27

Author: Rann, W. S. (William S.)
Publication date: 1886
Publisher: Syracuse, N.Y. : D. Mason & Co.
Number of Pages: 1054


USA > Vermont > Chittenden County > History of Chittenden County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 27


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List of attorneys and dates of their admission to practice in the County Court of Chittenden county since the organization of the county, as appears by the records of the county clerk's office :


Albert Stevens, Sept., 1799; Paul Dodge, Feb., 1800; Phineas Lyman, Feb., 1800; Moses Fay, Sept., 1800; Daniel Benedict, Sept., 1800 ; Daniel S. Bantram, Feb., 1801; Philo Berry, Feb., 1801 ; Morey Woodworth, Feb., 1801 ; Thomas Jones, Sept., 1801 ; George Robinson, Feb., 1802; David Ed- monds, Feb., 1802; Samuel Holton, Feb., 1802 ; John S. Eldridge, Sept., 1803 ; Isaac Webb (no record of admission), Feb., 1804 ; William Page, jr., Feb., 1806; Charles Adams, Sept., 1807 ; James L. Sawyer, Sept., 1812; Archi- bald W. Hyde, Sept., 1812 ; Solomon S. Miller, Sept., 1812; Norman Will- iams, Feb., 1814; Timothy Follett, Feb., 1814; Timothy Tyler, Sept., 1814; Henry Hitchcock, Sept., 1815 ; John N. Pomeroy, Feb., 1816 ; David French, Feb., 1817 ; Charles H. Perrigo, Feb., 1819; John P. Richardson, Sept., 1819; Andrew Thompson, Feb., 1821; Luman Foote, Feb., 1821; Jacob Maeck, - Sept., 1821 ; Gamaliel B. Sawyer, Feb., 1822; Jared Kenyon, Sept., 1823 ; Joseph Porter, Feb., 1824; George Peaslee, Feb., 1824; Henry Leavenworth, Feb., 1824; Warren Hoxie, Aug., 1826; William P. Briggs, Aug., 1826; Richard W. Smith, adjourned, 1826; John Storrs, Aug., 1827 ; Boyd H. Wil- son, March, 1828; Irad C. Day, Aug., 1828 ; Frederick G. Hill, Aug., 1829; Theodore Patrick, Aug., 1830; Henry Lyman, Aug., 1830; E. L. B. Brooks, Aug., 1830 ; William Weston, Aug., 1830 ; Charles F. Deming, March, 1831 ; Alonzo A. Wainwright, March, 1831 ; Sylvanus M. Parsons, March, 1831; Hector Ad- ams, March, 1832 ; Asahel Peck, March, 1832 ; Martin B. Mener, Aug., 1832 ; Sebastian F. Taylor, Aug., 1832; Walter A. Buckbee, March, 1833; W. S. Hawkins, Aug., 1833 ; Albert Mason, Aug., 1833 ; James E. P. Weeks, Aug., 1833 ; Samuel L. Bascomb, Aug., 1834; George F. Warner, Aug., 1835; Leonard Whitney, Aug., 1835 ; Horatio N. Wells, Aug., 1835; Austin M. Gould, Aug., 1835 ; Thaddeus R. Kendall, March, 1835 ; George K. Platt, Aug., 1836; Charles D. Kasson, March, 1837; Romeo Austin, Aug., 1840; Ira B. Pierson, Aug., 1840; George H. Peck, Aug., 1841 ; James W. Hickok ; Nov., 1842; Aaron B. Maynard, Nov., 1842; Edward Van Sicklen, Nov., 1842 ; Benjamin J. Tenney, May, 1842 ; Edward A. Stansbury, May, 1842; Joseph W. Allen, May, 1843 ; Samuel N. Parmelee, May, 1843 ; Henry Hale, May, 1843 ; John Sullivan Adams, Oct., 1843; Daniel B. Buckley, Oct., 1844;


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William W. Peck, Oct., 1844; Torrey E. Wales, March, 1845 ; Eleazer R. Hard, March, 1845 ; Bradford Rixford, March, 1846; William W. Onion, Oct., 1846; James H. Allen, Sept., 1847; Edmund H. Bennett, Sept., 1847; Elisha F. Mead, Sept., 1847; David B. Northrop, Sept., 1847 ; Guy C. Prentiss, Sept., 1847; Samuel D. Wing, Sept., 1847; Samuel Wells, Sept., 1847 ; James O'Grady, Sept., 1848 ; George F. Bailey, March, 1849; Franklin D. Colton, March, 1849; George F. Edmunds, March, 1849; Carolus Noyes, March, 1850; Thaddeus D. Isham, March, 1850; Hiram Stevens, Sept., 1850; Luther L. Dixon, Sept., 1850; William M. Miller, March, 1851; B. E. B. Kennedy, Sept., 1852 ; E. C. Palmer, March, 1853 ; William G. Shaw, March, 1853 ; P. M. Sayles, March, 1853 ; Wyllys Lyman, jr., May, 1854; John B. Wheeler, March, 1855 ; E. P. Hill, March, 1856; Samuel H. Reed, March, 1856; Russell S. Taft, Nov., 1856; Frederick H. Waterman, March, 1857; William W. Walker, March, 1857 ; Charles I. Alger, March, 1858 ; Asa R. Burleson, March, 1860; Cornelius W. Morse, March, 1860; George W. Kennedy, Sept., 1860; S. H. Davis, Sept., 1860; George Allen, jr., April, 1861 ; James R. Hickok, April, 1861 ; H. H. Talcott, Sept., 1861 ; Dwight L. Heald, April, 1862; Evelyn L. Pierpoint, April, 1862 ; Henry Ward Dana, Sept., 1862 ; Henry Ballard, Sept., 1863 ; Charles E. Allen, Sept., 1864 ; Peter Leclair, April, 1865 ; Alfred C. Ballard, Sept., 1865 ; Frank L. Hungerford, Sept., 1865 ; L. L. Lawrence, April, 1866; W. L. Burnap, April, 1866; Brad- bury W. Hight, April, 1866; Alexander G. Watson, Sept., 1867 ; George Bigelow Shaw, April, 1868 ; Reuben P. B. Hewett, April, 1868 ; Addison C. Benedict, Sept., 1869; John H. Bissell, April, 1870; Edward F. Brownell, Sept., 1870 ; Albert G. Whittemore, Sept., 1870; Cornelius S. Palmer, April, 1871 ; Julius W. Russell, Sept., 1871 ; Robert Roberts, Sept., 1871 ; Henry L. Wash- burn, Sept., 1871 ; Henry O. Wheeler, April, 1872 ; Chauncey W. Brownell, jr., Sept., 1872 ; Elihu B. Taft, April, 1873 ; Hamilton S. Peck, April, 1873 ; Delbert M. Mead, April, 1874; Seneca Haselton, April, 1875 ; John T. Drew, April, 1875 ; William Henry Hare, April, 1876; Frank P. Goin, Sept., 1876; L. F. Englesby, April, 1879; Rufus E. Brown, Sept., 1880; John J. Enright, April, 1881 ; Elliott G. Arthur, Sept., 1881 ; George W. Wales, April, 1882 ; David J. Foster, April, 1883.


The greater number of the attorneys formerly admitted to practice in the County Court have located in the county. Many, however, have removed to other fields immediately after admission.


The records of the County Court do not disclose the names of all the law- yers who have practiced before it, for many were admitted to the bar else- where. A list of these, doubtless more or less incomplete, is as follows : Samuel Hitchcock, William C. Harrington, John Fay, Elnathan Keyes, Daniel Farrand, Phineas Lyman, Moses Fay, Stephen Mix Mitchell, George Robin- son, C. P. Van Ness, Warren Loomis, Isaac Warner, John C. Thompson, Sen-


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eca Austin, George P. Marsh, Alvan Foote, A. W. Hyde, Davis Stone, San- ford Gadcomb, Jason Chamberlin, William H. Griswold, John B. Richardson, Luman Foote, Benjamin F. Bailey, William Brayton, Amos Blodgett, George F. Porter, Charles Russell, Nahum Peck, Lyman Cummings, David A. Smalley, David B. Webster, Carlos Baxter, Albert G. Whittemore, Heman Allen, Ed- ward J. Phelps, Levi Underwood, Frederick George Hill, Lucius E. Chitten- den, Hiram B. Smith, Daniel B. Hale, C. F. Davey, E. E. Kellogg, Daniel Roberts, Jeremiah French, L. F. Wilbur, R. S. Taft, C. J. Alger, R. H. Start.


The present membership of the county bar, with dates of admission, as appears from the docket of the County Court, for the April term, 1886, is as follows : In Burlington : Daniel Roberts, Sept., 1832 ; Levi Underwood, June, 1842 ; Torrey E. Wales, March, 1845 ; Eleazer R. Hard, March, 1845 ; Will- iam G. Shaw, March, 1853; Carolus Noyes, March, 1850; L. F. Wilbur, December, 1856; Charles J. Alger, April, 1858; A. V. Spalding, June, 1859; Henry Ballard, September, 1863 ; Charles E. Allen, September, 1864; W. L. Burnap, April, 1866; O. P. Ray, March, 1867; A. G. Safford, Sept., 1867 ; George B. Shaw, Sept., 1868 ; A. G. Whittemore, Sept., 1870; Ed. F. Brownell, Sept., 1870; J. W. Russell, Sept., 1871 ; Robert Roberts, Sept., 1871 ; H. O. Wheeler, April, 1872 ; C. W. Brownell, jr., Sept., 1872 ; H. S. Peck, April, 1873 ; E. B. Taft, April, 1873 ; Seneca Haselton, April, 1875 ; William H. Hare, April, 1876; L. F. Englesby, April, 1879 ; John J. Enright, April, 1881 ; George W. Wales, April, 1882 ; David J. Fos- ter, April, 1883. In Colchester : Henry N. Deavitt, March, 1866; H. F. Wolcott, April, 1876. In Essex: M. A. Bingham, May, 1868. In Jericho : M. H. Alexander, April, 1883. In Milton : C. W. Witters, Sept., 1860; J. E. Wheelock, June, 1868 ; H. E. Powell, April, 1875. In Richmond : S. H. Davis, Sept., 1860. In Underhill : J. J. Monahan, June, 1866 ; V. A. Bullard, April, 1884.


The county of Chittenden was set off from Addison and incorporated into a distinct county October 22, 1787. The Supreme Court held two annual sessions in Colchester, commencing with the August term, 1789. At this and the succeeding term Nathaniel Chipman presided as chief justice, and at the third term, held at Burlington, Elijah Paine was chief justice. The County Court held six terms at Colchester, commencing with the February term, 1788. The four first terms John Fassett, jr., of Cambridge, presided as chief justice, and John White, of Georgia, and Samuel Lane, of Burlington, as assistant justices. John Knickerbacor was clerk, Noah Chittenden, of Jericho, sheriff, and Samuel Hitchcock, of Burlington, State's attorney. The next four terms of the court, the two last held at Burlington, John Fassett, jr., presided as chief justice, and John White and John McNeil were assistant justices. Martin Chit- tenden was clerk, Stephen Pearl, sheriff, Samuel Hitchcock, State's attorney, for 1790, and William C. Harrington for 1791 ; and the county, still retaining


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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. Al- bans, and Timothy Pearl, of Burlington, were appointed judges of probate in their respective districts.


By special act of the Legislature, passed October 27, 1790, the courts were removed from Colchester to Burlington. In the mean time the county of Chittenden had grown so much in its business and population that it was cut down in its territory, and, on the 5th of November, 1792, a new county on the north was carved out and incorporated under the name of Franklin. Then followed the usual controversy as to the location of the shire-town and the county buildings. By special act of the Legislature in 1793 a committee was appointed 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 a court- house." The action of this-committee resulted in the permanent establishment of the courts and the court-house at Burlington. Since the permanent location of the county buildings, however, still further reductions have been made from the original limits of the county.


After the organization of the county of Chittenden the first terms of the court were held at the house of Ira Allen, in Colchester, and after the removal of the courts to Burlington the seat of justice was for a time at the primitive abode of Captain King, of Burlington Bay, at the foot of what is now Battery street. The first court-house was placed near the center of the present City Hall Park, and the whipping-post near it.


The first case found in the records of the County Court is William Hubbell vs. Andrew Van Gilder, entered at the February term, 1788. This was an action of book account to recover a balance of seven pounds and six pence. The defendant thereupon brings against the plaintiff in the first suit and Phinehas Heath an action of trespass vi et armis for assault and duress of im- prisonment for twelve hours, claiming fifty pounds damages. Both cases, by consent of parties, were referred to John White, Samuel Lane and John Knick- erbacor, to be heard and decided according to law. The referees reported that the original plaintiff was entitled to recover six shillings on book, and that the defendant in that suit recover of Hubbell and Heath five pounds for assault and five pounds and fourteen shillings costs. The inference from the record would seem to be that in those days it was expensive to undertake to enforce a claim by the primitive method of force and arms. At the same term of court Ira Allen was sued upon a ten pound note by Abraham Ives, of Wallingford. In- deed, Allen seems to have been a frequent litigant in the early days.


The first recorded criminal trial was that of Mott, Dean and accomplices for the murder of three revenue officers on the Winooski River, not far below the falls. The respondents were a party of smugglers. Their boat was in the


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river and the revenue officers were lying in wait below, some in a boat and some on shore, when the smugglers opened fire with fatal effect. Mott, who killed two of the officers, procured a new trial by means of that godsend to criminals, a motion in arrest, and escaped with a sentence, "to stand in the pillory for one hour, have fifty lashes upon his naked back at the public whip- ping-post and ten years' imprisonment to hard labor." Dean having failed in his motion in arrest, was hung in the year 1808.1


In the early days there was much more litigation than at present. There was less money, but there were more disputes. The machinery of business was less perfectly organized and land titles were unsettled. The character of the litigation, say thirty years ago or later, is thus described by an old practi- tioner :


"The business of an attorney of those earlier days was largely before jus- tices of the peace, and was chiefly, and in all the courts, the collection of debts by employing the severe pressure upon debtors which the law then invited. Money being scarce, business was done mostly upon a credit, and to a consid- erable extent in barter. The older lawyers present will remember the obliga- tions made payable in ' good merchantable hollow ware,' 'fulled cloth,' 'grain,' or ' neat cattle, bulls and stags excepted.' It was not an unusual device of country traders to make nominal changes in their partnerships from time to time or put forth other ostensible reasons for placing their books of account into the hands of the village lawyer for collection. The temptation of fees and income de- pendent upon the number of suits brought, which fees were expected to come out of the debtor in the form of costs, and the credit of being reputed a sharp collecting lawyer was a stimulus to him to push the law to its extremities of coercion. At the same time the creditor might be ready with instructions, 'Put him in jail. He will contrive some way to pay ; or his friends won't suffer him to lie in jail; or, the town will see the debt paid rather than support his family as paupers.' In the case of a debtor who had credit, or means of credit, but no present money, the grand economy was to pursue the case to judgment, exe- cution and commitment, when the debtor would give a jail bond and immedi- ately break it. Then would come a new suit upon the jail bond, with judg- ment, execution, commitment, and a second jail bond, breach and suit, and so on indefinitely, to the increasing profit of the attorney. After a time the Leg- islature, envying his happy state, ruthlessly cut off this source of his gain, by pro- hibiting the taking of a second jail bond where the judgment was upon a jail bond - a provision now found in section 1, 500 of the revised laws. Many a vil- lage lawyer in Vermont laid the foundation of a fortune for himself and family


1 Dean was hung on a gallows that stood on a little knoll just west of the late residence of Miss Mary Fletcher, on North Prospect street, on land then owned by Moses Fay. The procession came up Pearl street from the jail and turned north in a lane at what is now the west end of the lawn of Henry Loomis. The gallows was erected especially for Dean. At that time the neighborhood was a mass of second growth pine, and there were no roads in this vicinity. The sheriff and executioner was Daniel Staniford.


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in these early conditions of practice, when it was not unusual for one to bring 500 or more suits yearly, chiefly before justices, and for small collections. The changes of fifty years in business, society and the law, have left the attorney of the present day little of this class of business, a change not to be regretted."


Since the settlement of the cases arising under the national bankrupt act of 1867, the dockets of the bar have been growing smaller. From a published report we find that in 1877-78 throughout the State there were 2,581 entries. of civil causes, 181 jury trials, 755 decrees in chancery, and 209 judgments in the Supreme Court. In 1882-83 the business had diminished until there were only 1,391 entries of civil causes, 99 jury trials, 318 decrees in chancery, and 183 Supreme Court judgments. On the other hand, the suits tried in recent years have sometimes involved large property interests, heavy corporate liti- gation has increased, and attorneys of established reputation still have enough to do.


The lawyer's life is one of conflict, but his battles are those of peace ; so his biography lacks incident, and the salient points of his career can be given in a few words. Sketches of the lives of many of the more distinguished who passed from earth previous to 1861 are already in print and will be liberally drawn from in some of the following memorials.


BIOGRAPHICAL SKETCHES.1


Samuel Hitchcock was born in Brimfield, Mass., in 1755. He was gradu- ated from Harvard University in 1777, and was admitted to the bar before com- ing to Vermont, to which State he removed in 1786, and established himself in Burlington. He held the office of State's Attorney from 1787 to 1790 inclu- sive, and was town representative from 1789 to 1793 inclusive. He was a member of the convention of delegates of the people of the State of Vermont held at Bennington, January 10, 1791, to ratify the constitution of the United States. The charter of the University of Vermont, which was granted in 1791, is said to have been drawn by Mr. Hitchcock, the materials of it being largely furnished by another alumnus of Harvard, Rev. Samuel Williams, of Rutland. Mr. Hitchcock was one of the trustees of the university from the start and held the office until his death. He was attorney-general of the State from 1790 to 1793, and was appointed by the Legislature a presidential elector, and cast his vote in 1793 for George Washington and John Adams. In 1797 he was one of the committee who reported the second general revision of the laws of the State, which were adopted and printed in 1798. He was appointed by Presi- dent Adams judge of the United States District Court, and held the office until the repeal of the judiciary act. He was married May 26, 1799, to Lucy C. Allen, second daughter of General Ethan Allen. This marriage is the first one , recorded in the town records of Burlington. Judge Hitchcock died at Burling-


1 Brief notices of the attorneys at present practicing in the county appear in the chapters containing the history of the respective towns where they reside.


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ton November 30, 1813, aged fifty-eight years. He was a superior scholar, a prominent lawyer, and from the importance of the public trusts committed to him it is evident that he was a distinguished figure in the early history of the State.


Cornelius Peter Van Ness. - Cornelius P. Van Ness was of Dutch origin, the third son of Peter Van Ness, and was born in 1782, in Kinderhook, N. Y. He was fitted for college, but did not enter. He studied law in the office of his brother, Martin Van Buren being a fellow student. He was admitted to the bar in 1804 and began practice in his native town, and married the same year Miss Rhoda Savage, who is spoken of as a highly accomplished and beautiful lady. He remained in Kinderhook two years and then removed to St. Albans, Vt., but in 1809 he changed his residence to Burlington where, with occasional intermissions while in the public service, he continued to practice his profes- sion for twenty years or more. The same year of his removal to Burlington he was appointed by President Madison to the office of United States district attorney for Vermont, at that time a very important position. Smuggling over the Canadian border was very extensively carried on and prosecutions for vio- lations of the customs laws correspondingly frequent. In 1813 he was made collector of the port of Burlington. This office he held until the termination of the war, and then left it to fill the more important one of commissioner to act with two others to settle our national boundaries under the Treaty of Ghent. This agency he continued to hold for some four or five years with a salary of $4,500 per annum, and by the ability displayed in this position he added largely to his reputation as a public man. Resuming his practice he became a leading politician controlling the government influence and patronage for the State. He was also active and influential in local affairs. He was elected town repre- sentative in 1818 and was re-elected in the three following years. He was a strong debater and natural parliamentary leader. He introduced and carried the bill to incorporate the Bank of Burlington, and on the fate of that bill de- pended the adoption of the banking system of Vermont. He became president of this bank and held the office until his appointment to the bench of the Su- preme Court. He was made chief justice and held the office two years when he was elected governor. This office he held three years, having been twice re-elected without opposition. It was during his term as governor in 1825 that the reception was given to General Lafayette at the Van Ness mansion on Main street, in Burlington.


The culminating ambition of Governor Van Ness was a seat in the Senate of the United States. In this he failed. After a memorable and bitter contest he was beaten by a small majority, and Horatio Seymour elected. In 1829, under the Jackson administration, he was appointed minister to Spain, a post which he occupied for many years. Returning to Vermont in 1840 he found the State had settled down to a fixed opposition to Democratic rule, and there


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seemed to be no rewards for political activity at home. In 1841 he took up his residence in New York city and for a year and a half in 1844 and 1845 he held the office of collector of the port of New York under President Tyler. In 1846 the death of his brother, General John P. Van Ness, of Washington, left him one of the heirs of a large estate, in the settlement and care of which his now declining years were mainly occupied. He died in December, 1852, and was buried in Washington.


Charles Adams was born in Arlington, Vt., March 12, 1785. He gradu- ated from the University of Vermont at the age of nineteen, and was one of the three forming the first graduating class of that institution. He immedi- ately entered the law office of Hon. William C. Harrington, in Burlington, and was admitted to the bar in due course. In 1814 he married Maria Waite, by whom he had four children, one of them, J. S. Adams, who afterwards be- came secretary of the State Board of Education and county clerk. For one or more terms he served as one of the Governor's Council. During the festivi- ties attendant upon the visit of General Lafayette in 1825, Mr. Adams acted as aid to Governor Van Ness. He died January 12, 1861, aged seventy-six years; widely known throughout the State for his ability and public services for more than forty years, and esteemed by his fellow men for the purity of his character, and his generous and earnest public spirit. The Vermont Reports bear witness that his practice was large, and the character of it was thus touched upon in one of the resolutions introduced by Hon. George F. Ed- munds at a meeting of the bar after Mr. Adams's death : " Resolved, That in his practice as a counselor and advocate of this bar we would record their sense of his integrity, prudence, learning, knowledge of men and affairs, and power of persuasion, and that when he died there was extinguished one of the few remaining lights of the ' old common law.' "


William A. Griswold was born in New Marlborough, Mass., September 15, 1755. He was about ten years old when his father removed to Bennington, Vt. He was graduated from Dartmouth College; studied law with Judge Jonathan Robinson ; married, at the age of twenty-three, Miss Mary Follett, and opened an office at Danville. His practice extended to good proportions, and he was considerably employed in the District and Circuit Courts of the United States, to which the evasions and violations of the revenue laws, and the circumstances of the times attracted a large amount of business. He was appointed to the office of State's attorney in 1803, which he continued to hold with few interruptions until he removed to Burlington, in 1821. He was elected to the Legislature from Danville in 1807, the year in which the act passed es- tablishing the State prison. This policy, which had been much canvassed and objected to in the State, and seriously opposed in the Legislature, Mr. Gris- wold warmly supported, urging the Legislature to abandon the branding-iron, pillory and whipping-post, and to substitute a kind of punishment which con-


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templated the reformation and restitution to society of the criminal. He re- mained a member until 1811, five sessions consecutively, and was an influential legislator. In 1812 he was chosen a presidential elector, and voted for James Madison and the war. He re-entered the Legislature in 1813, to which he was annually elected to 1819. During the stormy years of the war he was an active and energetic member, and a leader of his party in the House. In 1815 he was elected speaker of the House, and was annually re-elected so long as he remained a member. President Monroe appointed him to the office of United States district attorney, which office he held until the close of Mr. Adams's administration in 1829. He was a member of the Council of Censors in 1828, and an elector of president in 1836, and voted for Harrison. He was elected to the Legislature from Burlington in 1841. After his removal to Bur- lington he formed a law partnership with his brother-in-law, Judge Follett, and pursued his profession so long as his health permitted. He died in 1845, aged seventy years. He was a disciple of the political school of Jefferson, a sup- porter of President Adams's administration, and an ardent friend and supporter of Henry Clay. In a biographical sketch of Mr. Griswold written by the late Gamaliel B. Sawyer, and which forms the basis of this notice, it is said of him : " He will be especially remembered as an excellent specimen of a species be- coming rare, but we hope not quite extinct - an honest politician."




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