History of Royalton, Vermont, with family genealogies, 1769-1911, Part 22

Author: Lovejoy, Mary Evelyn Wood, 1847-
Publication date: 1911
Publisher: Burlington, Vt., Free press printing company
Number of Pages: 1280

USA > Vermont > Windsor County > Royalton > History of Royalton, Vermont, with family genealogies, 1769-1911 > Part 22

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

A souvenir of the day was issued in the form of a collection of the papers presented on the program, a sketch of the life of Dr. Phineas Parkhurst, an account of Lafayette's visit to the town, and various other articles connected with the history of the town. This was handsomely printed in pamphlet form and also in cloth binding, the clever work of Miss Ivah Dunklee of Weymouth, Mass.

Among the notables present on the occasion were Gov. and Mrs. C. J. Bell, Col. C. W. Scarff, Judge and Mrs. Hiram R. Steele, Ex-Gov. and Mrs. S. E. Pingree, Mrs. John H. DeGraff of Amsterdam, N. Y., Gardner Cox, M. D., of Holyoke, Mass., Mrs. A. D. Tiffany, Mr. and Mrs. G. F. Hendee of Pittsford.

Lieut. Houghton in his report stated that he took thirty-two prisoners. If he included the four killed in this number, that would leave twenty-eight who were taken to Canada. Steele does not give the names of all the prisoners, and included Prince Haskell who was at that time a prisoner in Canada. The boy Daniel Waller, spoken of as being at Gen. Stevens', was probably David Waller. Other persons who are known to have been cap- tured and are not mentioned by Mr. Steele are Edward Knee- land, Jr., Ephraim Downer, Sen., Ephraim Downer, Jr., and William Evans and Timothy Miles of Randolph.

In the application for pension by Cotton Daniel Evans he states that at the burning of Royalton he was taken prisoner, carried to Montreal, and kept in King's prison thirteen months and three days, when he was exchanged. This adds one more to the list of prisoners. He was in Royalton March, 1782.

UNVEILING OF THE "INDIAN MONUMENT," MAY 23, 1906.

MRS. FRANCES (MERRILL) JOINER, President of the Woman's Club, Royalton Village.

CHAPTER XIII.

HISTORY OF THE CHARTERS

AND

SKETCHES OF NEW YORK GRANTEES.

As was usual in land grants, most of the men to whom New York granted Royalton were mere figure-heads, whose names were added to make the required number of grantees. On July 12, 1768, "subscribers" named in the petition to the King for a grant of 1000 acres for each in Royalton, stated that the names of each of them were made use of in trust only, to and for the proper use and behoof of William Livingston, Esq., of New York, his heirs and assigns and such persons as he should nomi- nate and appoint their heirs and assigns forever, and they agreed to claim no part of the land when granted, and at the request of Livingston to convey to him and his heirs all their rights in said land, Livingston saving them free from all expense by rea- son of the use of their names in the petition. It was signed by William Sorrel alone.

John Kelly took the initiative, and on Nov. 15, 1769, by pay- ing £50 to each he secured the shares of Robert Hyslop, Elias Nixon, Isaac Heron, John McKenney, and Ganet Roorback. Three days later William Smith, Jr., secured the shares of Eliza- beth Livingston, John W. Smith, Samuel Smith, Ganet Noel, and John Brown, by paying only ten shillings to each. Four days after this Livingston began to look after his own interests, and purchased from William Sorrel, Gilbert Ash, and John Robinson their shares, paying only five shillings for each. November 24th he and his wife Susannah deeded her share to Gerard Banker for ten shillings, and on the 30th Banker deeded her share and his own to Livingston for ten shillings. On Dec. 6, Whitehead Hicks paid £5 each for the shares of Gilbert Hicks, John Woods, Thomas Hicks, John Brevort, and Elias Brevort.

An outside party now appeared. Goldsbrow Banyar bought for £50 each the shares of John D. Crimshier, Francis Child, James Moran, Isaac Myer, John Lewis, and Samuel Boyer, and the 30,000 acres were now equally divided among Livingston,

184

HISTORY OF ROYALTON, VERMONT

Smith, Kelly, Hicks, and Banyar. The next step was to divide and allot the land. This was done under date of Aug. 9, 1771. Three allotments were made, the Dutch, Town Plot, and Large Allotment, consisting respectively of forty-six, forty-one, and fifty-nine lots. They then proceeded to draw by ballot. Each drew 29 lots except Whitehead Hicks. The records show that Livingston and Banyar both drew Lot 49 L. A., which must be a mistake. It was drawn by Livingston, and Banyar probably drew fifty-nine. In the individual deeds the lots of Banyar do not entirely agree with those named in the deed of partition. The list of holdings follows, and the number of acres in each lot, according to the first survey, which, however, did not prove to be correct in every case.

Livingston drew Dutch lots, Nos. 7-100 acres, 14-100, 15-72, 34-100, 36-76, 38-100, 42-145, 44-100, 45-100; Town Plot lots, Nos. 8-100 acres, 13-127, 18-100, 24-100, 28-100, 30-160, 35-1281/2, 52 not given, but 400 or more acres; Large Allotment lots, Nos. 30-566 acres, 31-300, 33-300, 35-300, 36-300, 37-300, 39-300, 40-300, 49-300, 51-428, 53-299, 55-301 acres, making a total for him of 61021/2 acres. Banyar drew Dutch lots, Nos. 1-100 acres, 6-100, 13-100, 21-113, 23-100, 26-127, 28-100, 29-100, 43-100; Town Plot lots, Nos. 4-100, 15-100, 21-132, 23-100, 27-100, 29-104, 34-12812, 54-416; Large Allotment lots, Nos. 8-300, 28-300, 29-300, 32-300, 34-3341/2, 38-244, 41-300, 45-300, 46-300, 49-300, 56-302, 57-3031/2, making his total 5604 acres. Hicks drew Dutch lots, Nos. 2-100, 8-137, 9-112, 10-100, 18-100, 30-100, 37-137, 39-100; Town Plot lots, Nos. 2-100, 16-100, 17-100, 19-100, 20-151, 31-12812, 36-12812; Large Allotment lots, Nos. 1-405 and an island, 2-300, 3-300, 4-300, 5-435 and two islands, 6-300, 7-300, 12-300, 13-300, 21-300, 42-315, 50-300 acres, making 5547 acres in all. Smith drew Dutch lots, Nos. 3-100 acres, 4-100, 11-100, 16-117, 19-100, 24-100, 27-127, 31-104, 40-100 acres; Town Plot lots, Nos. 3-100, 5-146, 7-135, 9-100, 11-100, 25-100, 32-1281/2, 37-1281/2 acres; Large Allotment lots, Nos. 9-300, 10-288 and an island, 11-300, 16-325 and an island, 17-300, 18-300, 25-300, 26-497 and an island, 43-300, 47-300, 48-300, 52-298 acres, in all, 5694 acres besides the islands. Kelly drew Dutch lots, Nos. 5-100 acres, 12-100, 17-100, 20-100, 22-122, 25-100, 32-132, 33-100, 41-107, 46-309 acres; Town Plot lots, Nos. 1-90 acres, 6-135, 12-95, 14-100, 22-100, 26-100, 33-1281/2, 38-135, 53-360 acres; Large Allotment lots, Nos. 14-300, 15-300, 19-300, 20-300, 22-407, 23-300, 24-300, 27-300, 44-300, 54-300 acres, a total of 5620 and one half besides the islands. Banyar had two islands in 34 L. A.

Only a few records have been found of the transfer of these lands to other persons by the New York grantees. In the County Clerk's office in Chelsea is an old book of deeds of Gloucester county. In this is found a mortgage by Daniel McAlpine, Cap- tain in his Majesty's 60th Regt. of Foot, on Lot No. 12 in Roy- alton, probably in Town Plot. This is dated Oct. 10, 1774. In the same book is a record of the deed of 37 Dutch from Hicks to Eleazer Davis of Hanover, also of 11 Town Plot from Smith, and 10 L. A. from Smith, 42 Dutch from Livingston, 53 Town Plot from Kelly. These transfers are dated July 10, 1773. Eben- ezer Brewster of Preston, Conn., bought of John Kelly, on Dec.

185

HISTORY OF ROYALTON, VERMONT

12, 1774, 41 and 46 Dutch. Robert Havens bought of Eleazer Davis of Hanover 37 and 42 Dutch on Jan. 14, 1774, and Joseph Parkhurst bought 126 acres in 16 L. A. of William Smith, Dec. 24, 1774, and Isaac Morgan bought of Whitehead Hicks 211 acres in 5 L. A., and 100 acres in 1 L. A. on Dec. 14, 1775. William Livingston sold Elias Curtis 34 Dutch, May 28, 1777.

The Declaration of Independence resulted in nullifying many grants made to sympathizers with the home government, and the New York proprietors were no exception. It is not likely that any one of them realized much from the sale of land in Royalton.

It is not known when the town was organized. That it was later than March, 1772, is evident from the Sharon records. At their meeting March 10, 1772, they voted that Robert and Joseph Havens should be voters at that meeting. It will be recalled that the Havens family had removed to Royalton in 1771. It was later ascertained that their meeting was illegal, because they had chosen, "some person or persons in the township of Royalton to serve as officer or officers in the town of Sharon for the year ensuing, which town of Royalton is granted and pattented under New York the Great Seal of the Province aforesaid which pro- ceeding in sd meeting with the Inhabitants of said Royalton voting in said meeting makes Sd Meeting Illegal and is Null and void in Law - - - there is an act of this province that the inhab- itants of the townships that are not incorporated shall meet on the 1st Tuesday in April to choose officers." A meeting was warned for April 7th. Before and after this year Sharon had her town meetings for the election of officers in March.

It would seem certain from this action that the organiza- tion of Royalton took place between 1772 and 1777. In this lat- ter year the town voted in favor of the new State, making their action known to the convention at Westminster through a letter. In a petition of Comfort Sever's dated 1777 he speaks of the "town clerk" of Royalton, but does not name him. It is doubt- ful if there were settlers enough before 1776 to effect an organiza- tion, unless the town was organized by the original grantees in New York. In the case of the settlement of Sharon, the proprie- tors met and elected their officers in Plainfield, Conn., for some years, until the town had a fair number of settlers.

Royalton was not represented by a delegate in any of the conventions of the state prior to 1778. Joseph Parkhurst was our first representative to the Assembly in October, 1778, and his action in that Assembly has already been noted. The sentiments of the minority in that body were very detrimental to the inter- ests of the new state, which was struggling to maintain her ex- istence against so many claims, and the attacks of the British

186

HISTORY OF ROYALTON, VERMONT

and Indians. She needed money. In Royalton were many acres of land held by non-residents under the New York charter. The inhabitants were indifferent to the welfare of the state, the lead- ers thought. Numerous applicants were clamoring for grants, some of whom petitioned for the township of Royalton. Eliakim Spooner and Danforth Keyes were the most persistent or the most influential. It is likely that they had made proposals to the citizens of the town to join with them in their petition, for the next town meeting, which was held June 28, 1779, recites that they voted against joining with Messrs. Spooner and Keyes in their petition for a grant of Royalton. Some of the citizens of Royalton had been fully alive to their danger. Comfort Sever was one of them. His petition is on file in the office of the Sec- retary of State at Montpelier, and shows his foresight. The fol- lowing is a copy :

"The Petition of Comfort Sever of Royalton in said State- Humbly sheweth

That he removed with his family to said Royalton last March and settled on the hundred acre Lot No. 11 in the Town Plot on the north side of White River near the Second branch, in expectation of having a conveyance of it from Wm Smith Esq late of New York, and of the ninety acre lot No 12 adjoining south on the aforementioned Lot of G. Banyar Esq of the State of New York.

That your Petitioner has laid out considerable labor thereon to put them in a situation for improvement. That the said Wm Smith (owner of the first mentioned Lot) is lately gone to the Enemy, and that the last mentioned Lot (it appears) was sold to one Capt. McAlpine an officer in the British service, on which account is apprehended the disposal of those Lots will belong to the honorable General Assembly of this State

Your petitioner therefore humbly prays That this honorable As- sembly will be pleased to pass a resolve whereby your Petitioner may become (owner?) of the Lots before mentioned at a reasonable price, whenever they shall see fit to dispose of them, or otherwise secure your petitioner (so far as the Assembly may be concerned therein) from any injury he may be exposed to sustain on account of his settlement and improvement on said lots as before mentioned

-And your Petitioner as in duty bound shall ever pray &c. Comfort Sever

Royalton Oct 1 1778"

The confiscation of tory land was ordered in 1777, and se- vere action taken with regard to tories, so that Mr. Sever had good reason to suppose that his petition would be favorably con- sidered. No action, however, seems to have been taken on it, when, on Oct. 26, 1779, Ethan Allen, chairman of the committee appointed by the Assembly to consider claims to land, reported favorably on granting to Col. Keyes and his associates the tract of land called Royalton. The result of their report is seen in the following extract from Vol. II of Governor and Council, page 13: "Whereas the Assembly have Resolved to Grant to

187

HISTORY OF ROYALTON, VERMONT

Mr John Payne & his associates the Township of Bethel And to Col. Danforth Keyes and others his associates the tract of Land called Royalton - - - Resolved that his Excelency the Governor & Council be desired to carry the above Resolves into Execution." Provision was made that real settlers should not be disturbed if they paid their share of costs, and each was to have 100 acres. The next day the Assembly set the price of Royalton at $2.00 an acre to be paid by the proprietors.

There is no indication in the town records of any meeting being held to act in this critical period of the town's history. If the charter should be issued to Keyes and his associates, dis- putes and ejectments similar to the disturbances with the New Yorkers would be likely to result. There is no town meeting record between July 12 and Dec. 15 of this year, but some action was taken either by the selectmen or the inhabitants, for the fol- lowing petition is recorded in the office of the Secretary of State:

"To his Excellency the Governor and the honorable Council of the State of Vt-The remonstrance and petition of the Inhabitants and owners of lands in the township of Royalton-That persons to the amount of sixty-one in number have within the term of about seven years last past purchased and become possessed of Lots of Land in said Royalton that about fifty of these persons are now inhabitants thereof and forming settlements in the town," and it goes on to say that they have been to expense of roads to give access to the town, that they have built mills etc. "This being the case it is with great astonish- ment and surprise they understand of late that the Hon'ble General Assembly at their last session have ordered a charter of said township to be made out to a list of grantees in which the names of many of the owners and inhabitants are omitted and without ever calling on them to appear and shew reason why it ought not to be done The Inhab- itants have good reason to apprehend that the Assembly have been in- fluenced by undue representations thereto or they would not have ordered the grant without notice to the public and particularly to the Inhabitants as is usual in such cases in the New England States." They say the only knowledge they have comes from vague reports, and ask that no action be taken until they can be heard at the next session, "or otherwise secure your petitioners those lands which they have pur- chased or otherwise rendered valuable at their own expense." Signed "Royalton Nov 6 1779 Comfort Sever Agent."

The Governor and Council considered this petition Nov. 12, and appointed as a committee Hon. Benjamin Emmons, John Throop, Samuel Robinson, and Capt. Edmund Hodges, any three of whom were empowered to act, to go immediately to Royalton, inquire how many settlers were actually on the premises, when they entered, how many had made actual improvements and were not on the premises, and to inquire into any other matters of grievance, and report as soon as might be. Their evidence was to be under oath. Subsequently Jonathan Fassett was named in place of Samuel Robinson. The committee had not made their visit evidently, Jan. 13, 1780, for on that date a meeting was

188

HISTORY OF ROYALTON, VERMONT

held, and it was voted to postpone the matter respecting paying the money or incorporation fees for the town until a hearing could be had from the committee. Comfort Sever was chosen as agent to treat with the Governor and Council respecting the claim of the town to non-residents' property. This honorable body on Jan. 26, at Manchester, took the following action :

"The Proprietors of the Township of Royalton having laid before this Council the dispute between them with respect to granting such said Township to the Inhabitants thereof, & a number of non-residents, who by a resolution of the Council of the 24 December last was to appear this day & receive the Charter of Incorporation & pay the Grant- ing fees-but as it appears the Inhabitants of said Town did (not?) fully understand the Intentions of the Resolution aforesaid-Therefore Resolved to postpone the Making out the Charter of Incorporation of said Town until the Next Session of Assembly in March Next.

Attest Joseph Fay, Secy."

On March 14 the petition of Comfort Sever & Company was called up, and a committee of two appointed to confer with the Governor and Council, who soon made a verbal report. It was called up again in the afternoon and ordered to lie on the table. Finally, Mar. 16, it was "Resolved, that a resolution of this Assembly passed the last session directing the Governor and Council to make out a charter of the township of Royalton be and hereby is repealed by the consent of the parties concerned."

The committee appointed to take into consideration the peti- tion of Sever and Company, brought in the following:

"That it is our opinion that a grant issue to the present inhab- itants of the township of Royalton as specified in the petition of Com- fort Sever and Company. And to the end that equal justice be done to all parties concerned as non-resident petitioners for said town do earnestly recommend that said non-resident petitioners respectively have an equivalent for their respective shares in some vacant lands in this state granted them as soon as may be.

All which is humbly submitted Ira Allen for the Committe"

The report was accepted, and the Assembly

"Resolved that there be and hereby is granted unto Capt. Sever and Company being sixty-one in number a township of land, as speci- fied in their petition, by the name of Royalton lying and being in this state containing about 24,000 acres And the Governor and Council are hereby requested to make out a charter of the aforesaid township of Royalton and ascertain the bounds unto the said Comfort Sever and Company upon such conditions, limitations restrictions and reserva- tions as they shall judge necessary for the benefit of this state.

Resolved That the Governor and Council be and they are hereby requested to direct the Surveyor General to issue out an order of sur- vey for a township of land to Eliakim Spooner, Danforth Keyes and Company to whom was granted the township of Royalton the last session of Assembly-as an equivalent for said grant provided that there be sixty in number of such proprietors." Col. Keyes and his associates received the town of Hardwick.

189

HISTORY OF ROYALTON, VERMONT

The governor's attention was quite fully occupied with guarding the frontiers and provisioning the militia during the next few months, and before he had made out the charter and the fees were ready, the terrible calamity, known as the Burning of Royalton, had almost destroyed the young settlement, and left the inhabitants in no condition to pay anew for their lands. The town records are silent from Mar. 6, 1780, to Mar. 20, 1781. Three meetings are recorded in the year 1781, with not a single reference to their disaster, and none to the chartering of the town. It is certain a petition was prepared, for the following records are found in the Journal of the Assembly for 1781. On Feb. 12, 1781, a petition signed by a number of suffering pro- prietors of Royalton praying for relief was referred to a com- mittee of five, and they reported next day. The Assembly "Re- solved that Comfort Sever and Joel Marsh Esquires and Mr. Wm Humphrey be and they are hereby appointed a committee for the purpose mentioned in the report." The report itself was not found. The day following this the Assembly

"Resolved that so much of the petition as prays that the suffering Proprietors of Royalton be discharged from their granting fees that is due to this state be granted, and Resolved that a committee of three be appointed to make inquiry and report who are the sufferers that ought to be released from paying the granting fees as aforesaid."

This committee must have been prompt and active, for the same day the legislature passed the following :

"Whereas a Number of the Inhabitants of the Town of Royalton have suffered greatly by the late ravages of the Enemy in that Town, by which Misfortune they are so reduced as to be unable to pay their charter fees, Due for the grant of said Town: And whereas this As- sembly view them as Persons worthy the compassion & benevolence of this Legislature:

Therefore resolved that the said sufferers (viz) Timothy Durkee, Heman Durkee, Aden Durkee, Timothy Durkee, Jr., David Fisk, (Fish), Joseph Fisk (Fish), David Brewster, Zebulon Lyon, Elias Stevens, Robert Handy, Calvin Parkhurst, James Cooper, Joseph Parkhurst, Elisha Kent, Daniel Rix, John Hibbard, Joseph Johnson Rix, Medad Benton, Jonathan Benton, Nathan Morgan, John Billings, Benjamin Day, Israel Wallow (Waller), Tilley Parkhurst, Phineas Parkhurst, Jabez Parkhurst, Ebenezer Parkhurst, Daniel Gilbert, Simon Shepherd, Jere- miah Trescott, Nathaniel Morse, Joseph Havens, Widow Sarah Rude, Isaac Morgan, Elias Curtis, Robert Havens, Daniel Havens, John Evans, Martin Tullar, Garner Rix."

On the back of the manuscript it is stated that these suffer- ers were discharged of their dues, which statement is erased and "re-considered" written. The Assembly reconsidered this action on Feb. 22, and instead of discharging the proprietors from pay- ing their charter fees, they postponed the payment of them five years. The Governor and Council further resolved that the fees for the remaining proprietors should be postponed until the fol- lowing April. The charter was finally made out Dec. 20, 1781.

190

HISTORY OF ROYALTON, VERMONT

For the action of the proprietors regarding charter fees the reader is referred to Chapter III.

A sketch of the five men who expected to control the settle- ment of Royalton under the New York charter may not be unin- teresting. From "Halsey's New York Frontier" and other sources we learn that Goldsbrow Banyar was born in London, England, that he came to New York City in 1737 or 1738. In 1746 he was deputy secretary of state, registrar of the Colonial Court of Chancery in 1755, an officer of the Prerogative Court in 1753, 1756, and 1769. When the Revolutionary War broke out, he retired to a place on the Hudson river. He was a tory, and his name appears in a list of suspected persons, Jan. 15, 1776. He seems to have remained unmolested at his home, Red Bank, later called Rhinebeck. As an example of his discretion, it is related that a British officer was sent to him for advice. Banyar sent him away with a sealed letter, which was found to read, "Banyar knows nothing." At the close of the war he lived in Albany. He grew blind in his old age, and was led about the streets by a colored servant. He died Nov. 15, 1815, at the age of ninety-one. It is said of him, "He preserved his character from reproach on the other side of the water, and his lands from confiscation on this." By the terms of his will the name Golds- borough must survive with the ownership of the property, and though he died childless, today there exists on the premises an opulent gentleman of this name. He claimed more than six townships, and asked for more yet. When the $30,000 which Vermont paid to New York was divided, he received more than one fourth of it. In 1786 there were granted him 5000 acres in New York, perhaps as an equivalent for what he had lost in the N. H. Grants. The original grantees under New York did not submit without protest to the re-chartering of their town. A "caveat" was entered by Mr. Banyar, who gives a history of the grant, and petitions the Vermont Assembly in relation thereto. An extract from the petition follows.

"The subscriber Goldsboro Banyar being a proprietor and owner of certain Lotts of land in the above described township of Royalton doth hereby in behalf of himself and the other proprietors thereof enter a caveat against granting the whole or any part of the said township to Capt. Comfort Sever and Company or other persons under the state of Vermont or against fixing the Seal of the said State to any Letters patent or Charter for the same Township until the Subscriber is heard by himself or counsel

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Royalton, Vermont, with family genealogies, 1769-1911, Part 22

Author: Lovejoy, Mary Evelyn Wood, 1847- Publication date: 1911 Publisher: Burlington, Vt., Free press printing company Number of Pages: 1280

Author: Lovejoy, Mary Evelyn Wood, 1847-
Publication date: 1911
Publisher: Burlington, Vt., Free press printing company
Number of Pages: 1280