USA > Vermont > Addison County > Salisbury > History of Salisbury, Vermont > Part 2
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Comp'mise line 1796,
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Leicester north line.
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3,
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-
* A 1
67100
8
900 rods long, set to Ripton.
160 rd.
-
Salisbury south line from 1762 to 1796.
23
HISTORY OF SALISBURY.
Nothing can be found recorded on the grantees' or other records in town, from the year 1774 to 1785, so that we are left in the dark, as far as our own records show, concerning transfers of lands during this period of eleven years.
It is found, however, that many deeds of land and surveys are recorded on the dockets of Rutland county court. It is probable that during the struggle of the American Revolution, the town of Salisbury went to Rutland with all papers intended for record, and had them recorded there. On examining the books of the Rutland county court, a long list of deeds is found, made in 1779 ; also deeds and surveys made in 1783 and 1784. Many records of deeds of lands are also found under Leicester title, which fell into Salisbury by the compromise between the two towns, which occurred in 1796; also Salisbury deeds are found. on record, as of lands lying in Leicester; so that to fol- low out a regular chain of title of these lands, em- braced within what we may call the lap of the two charters, is attended with the greatest difficulty.
The confusion in regard to the title of a part of the lands in both Salisbury and Leicester, originated in the fact that there was not land enough between Neshobe (now Brandon), and Middlebury for two full townships. On account of this, the charters of Salis- bury and Leicester lapped upon each other so far, that
24
HISTORY OF SALISBURY.
if Leicester held her full charter bounds, Salisbury would hold a strip of land only about one mile wide on the north side, next to Middlebury. On the other hand, if Salisbury was allowed to hold lands to the full extent of her charter, Leicester would retain only about one-sixth of her granted lands, and that in a strip about a mile wide, on the south side, adjoining Neshobe or Brandon. Leicester, by her charter, is bounded on the north line of Brandon ; Salisbury, by her charter, on the south line of Middlebury.
One of the last votes of the proprietors found on record, previous to the revolution, was taken at a pro- prietors' meeting, held at Salisbury, Connecticut, De- cember 19th, 1774, to wit : "Voted, Joseph Waterous, Samuel Moore, jr., Amos Storey, be a committee to run the line of the town and ascertain its true boundaries." Another vote was taken at this meet- ing, which allowed any of the grantees who would become settlers within one year from that time, to pitch two hundred acres in addition to their shares.
The grantees had, previous to this, offered a hun- dred acres of land to any one who would pitch and settle in this town, but without success, except in one or two instances.
Joshua Graves, who will be more particularly no- ticed hereafter, pitched a hundred acres in the spring of 1774, and Amos Story came into town in Septem-
25
HISTORY OF SALISBURY.
ber of the same year and pitched another hundred acres, under this proprietor's offer.
Amos Story was killed by the fall of a tree, proba- bly in October previous to his appointment as com- mittee to survey the town, his death not being known in Connecticut, where most of the grantees lived at that time.
It is probable that the vote taken December 19, 1774, allowing proprietors who would become actual settlers within a year, to pitch two hundred additional acres, was repeated after the war ; for it was certain
NOTE .- As already stated, no records of this town between the years 1774 and 1785, except what appears on the Rutland records, can be found; and the proprietors' records are so mutilated, and so many pages lost, that it has not been possi- ble, after the most diligent search, to ascertain at what time the original proprietors first held their meetings, or who were their first officers. As the meetings of the grantees were in- variably held in Salisbury, Connecticut, before the revolution- ary war, and as the name of the state of Connecticut appears but once, and that of Vermont not at all, on the proprietors' records, we can only form conjectures from the place of resi- dence of the proprietors at the time the records were made, and this is uncertain at least for one year. Samuel Moore re- corded deeds in 1785, and Eleazer Claghorn early in the year 1786. Moore lived in Connecticut; and Claghorn was in this town as early as 1784, but the exact time he was ap- pointed proprietors' clerk is not known.
2*
26
HISTORY OF SALISBURY.
that some persons did make an additional pitch of lands. For instance, Amos Story's widow was al- lowed to pitch a hundred acres in addition to the hundred which her husband had pitched previous to his death. E. Claghorn, Elias Kelsey, Gilbert Everts, and others, it is believed, pitched their lands under this vote in favor of permanent settlers.
Settlers came into town very rapidly in 1785, in which year appears the first vote, of any importance, after the war. The object of the vote was the appoint- ment of Gamaliel Painter, Abe Waterous, and Elias Kelsey, to lay out roads. These men were already permanent settlers in town.
In this and a few subsequent years it was found that the rapid immigration, into this and neighboring towns, was making heavy drafts upon the provisions of the country ; so much so, that quite a scarcity of provisions was experienced in the winter and spring of 1787.
27
HISTORY OF SALISBURY.
CHAPTER III.
PROGRESS OF THE SETTLEMENT .- SURVEY OF THE EAST LINE. - FIRST TOWN MEETING. - FIRST REPRESENTA- TIVE .- FIRST GRAND LIST.
THE settlement of the town advanced very rapidly in 1785, 1786, and 1787. In 1786, probably, (though no record has been found by the writer to show the time,) a re-survey was made of New Haven and Mid- dlebury, when it was found that the proprietors of these towns had embraced more land in their original surveys than was contemplated in their charters ; so that, after the new survey, New Haven was con- tracted one tier of lots or more, which tier was al- lowed to fall within the limits of Middlebury, and Middlebury in turn gave a part of her domain to Salisbury, and the south line of Middlebury was run and established two hundred and fifteen rods further north than it was originally surveyed .* Thus Mid-
When this line was moved the governor's lot in Salisbury was surveyed, the north line of which was predicated on the new south line of Middlebury. This was in 1787.
28
HISTORY OF SALISBURY.
dlebury gave up considerable valuable land to Salis- bury, together with some valuable citizens, who may be numbered among the early settlers of Middlebury. In this number were Benjamin Smalley, who owned the farm where F. Nash now lives, and afterward the one now owned by Paul Pratt; and Gamaliel Painter, who lived on the farm now owned by Wm. F. Goodrich.
By the new survey, Mr. Painter's house and the principal part of his farm fell within the limits of Salisbury, which rendered him eligible to office in this town, and accordingly he was chosen dele- gate to the General Assembly, and represented this town in that body, at their session in Bennington, in 1787.
Mr. Painter moved his family to Middlebury, in the fall of 1787, and represented that town in the state legislature the following year.
There is no record of the time when the east line of this town was surveyed, except what appears from marks made by a surveyor's marking iron, on a tree standing in this line about midway between its ex- tremities. The tree bears the date of 1787. It should be remarked, however, that the part of the figure seven which distinguished it from the figure one, had become so worn in the lapse of time that it appeared nearly ready to fall off, as early as 1844. This mark
29
HISTORY OF SALISBURY.
will soon, if it does not already indicate the date of 1781, which is six years too early.
The inhabitants of Salisbury organized the town, at the dwelling-house of Solomon Everts, on the 17th of March, 1788, by choosing the proper officers and doing other legal acts, which constituted their first meeting.
The following grand list was taken in the year 1788, and was the first list taken in town.
The first column contains the names of the settlers liable to pay taxes.
The second, the names of those who now occupy their places.
GRAND LIST OF SALISBURY FOR THE YEAR 1788.
L.
S.
D.
L. s.
D.
Tax.
Gilbert Everts,
46
9
00
10
00
Oscar P. Sheldon. .
Elias Kelsey,
28
9 00
10
00
Loyal J. Kelsey.
Eleazer Claghorn,
29
13
00
13 8 00 John M. Dyer.
Francis Strong,
6
00
13
00
Harry F. Daniels.
Abe Waterous,
5
3
00
18
00
Munroy M. Doud. Wm. F. Goodrich.
Gam'l Painter,
10
00
00
Joseph Dolph,
1
00
00
16
00 West of S. S. Crooks.
Solomon Everts,
4
11
00
8
00
North of Zerah Scott's. Mark Prindle.
Holland Weeks,
24
8
00
Bazediel Richardson,
2
00
00
5
00 West of Mark Ranney's.
Abram Hard,
3
4
00
12
00 Alanson Wainwright.
Darius Matthews,
3
4
00
12
00 Boarded out.
Eber Everts,
2
5 00
10
00
Alfred Smauley,
5
00
00
Alonzo Boardman. Andrew Wainwright.
30
HISTORY OF SALISBURY.
L. S. D.
L. S. Tax.
D.
Barnabas L. Chipman,
2 14
00
Josiah Farnham,
2
5
00
Joel Newton,
2
00
00
12
00 Munroy M. Doud.
Asa Graves,
2
10
00
10
00 Columbus Smith.
Jesse Graves,
3 00
00
Justus Sutherlin,
4
15
00
10
James Bradley,
6
2
00
12
00 Wallace Crook. Wm. Pierce.
James Sutherlin,
4
15
00
Joseph Graves,
2
10
00
Asa Huntly,
Griffith Plaice,
5 00
00
10
00 Rufus Storey.
Jehial Smith,
9
13
00
14
00 Deacon Kelsey place.
Asa Lawrence,
3
10
00
10
00 Wallace W. Doud. Wm. Pierce.
Aaron Adams,
12
00
12
00 East of Zerah Scott's. Mark Ranney.
Ami Chipman,
2
8
00
Stephen Hard,
1
16
00
Isaiah Golden,
10
00
00
John Hodgson,
2 10
00
Samuel Pierce,
2 00
00
Elijah Skeel,
2
7
00
James Waterous,
9
10
00
William Cobb,
1 10
00
Ephraim Storey,
1 13
00
Curtis Smith,
5 00
00
Chancey Graves,
2
00
00
12
00 North of Wm. Thomas.
Diah Waterous,
4
11
00
Samuel Moore, jr.,
2
16
00
John Ensign,
10
00
00
Henry Kelar,
3 13
00
Obediah Wheeler,
10
00
+
Sam'l Abbott,
10
00
+
David Seymour,
5
00
+
8
00 Zerah Scott. Near Mrs. John Dyer. Ceylon Gipson.
14 00 Royal D. Hedden.
10
00 Cyrus Bump. Nath'l Spencer. Francis L. Dyer.
17 00 Norman Storey. Stone Schoolhouse.
10
00 Francis L. Dyer. Mrs. Nor'n Boardman.
Mrs. Holland W. Everts.
Sam'l S. Crook. Augustus Graves.
5 00 Columbus Smith. 00 Sam'l Holt.
James Baker,
9
00 Sam'l Holt, Rufus Storey, Harry Bump.
Bela Farnham,
31
HISTORY OF SALISBURY.
L. S. D
S. D. Tax.
Nathaniel Gurnsey,
10
00
Thomas Chipman,
2
5
+
Benj. Smauley,
5
00.00
Paul Pratt.
James Adams,
2
10
+
10
00
Solomon Storey,
9 00
9
00
Wm. Thomas.
William Pratt,
4 11
00
11
00
Mrs. John Dyer. Columbus Smith.
Joshua Graves,
-
Total of Taxes,
L. 15 15 00
GRAND LIST OF PERSONS LIVING ON LANDS CLAIMED BY LEICESTER. -
L. 8.
D.
L.
S.
D.
Tax.
Merifield,
17
10
00
10 * Samuel Morin.
Henry Chamberlin,
8 00
00
7 00
Calvin Chamberlain,
16
10
00
Mrs. Ester Gibson. Dan Daniels. Dan Daniels.
Hinds Chamberlain,
6
00
00
John Fyfe,
16
10
00
3 00 Albert Barker.
Jeremiah Parker,
19
00
00
Abel Johnson,
15
10
00
John Barker,
29
00
00
Miles Story.
Benjamin Garfield,
23
00
00
* Leonard Jenne.
Wm. Kendall,
17
10
00
10
Luther Bailey,
8
00
00
Job Brittain,
8
00
00
Sam'l Adams,
10
16
00
10
* Amos Merifield.
Eli Brown,
11
00
00
* John Mack,
Jos. Merifield,
6 00
00
'Thos. Stephens,
7
10
00
10
Widow Holdman,
2
00
00
Solomon Warner,
8
00
00
* Ebenezer Jenne. Horace Thomas.
00 Lothrop Bump. F. L. Dyer. Orson Taylor.
* Winchester Esty.
00 Henry Moosman. Isaac Shays. Noah Lovet.
+ Supposed to be non-residents.
S. D.
32
HISTORY OF SALISBURY.
.
L. S. D.
L. s. D.
Tuc.
John Holdman,
10
00
00
Isaac Shays.
Daniel Warner,
8
00
00
Noah Lovet.
Jesse Bigelow,
6
00
00
Frank Atwood.
Solomon Bigelow,
14
00
00
Frank Atwood.
Moses Knapp,
20
12
00
14
Daniel Shays.
Solomon Story, 2d,
11
19
00
19
Royal Graves. Norman Story.
Penuel Stephens,
8
00
00
-
L.
s.
D.
Total of Taxes.
4
3
00
It appears that the selectmen exercised a wide dis- cretion in making out taxes, without much regard for rules, either legal or mathematical.
* Lands which fell to Leicester by compromise of 1796.
33
HISTORY OF SALISBURY.
CHAPTER IV.
CONTROVERSY WITH LEICESTER.
THE attention of the people at the first town meet- ing, otherwise than choosing town officers, was chiefly directed to the adjustment of the controversy between this town and Leicester .*
On the 19th of May, 1788, a committee was ap- pointed to meet a committee from Leicester, who were in attendance, to settle upon some method by which the line between Salisbury and Leicester could be determined.
This committee, on the part of Salisbury, was com- posed of five men-Elias Kelsey, Gamaliel Painter, Captain James Waterous, Gilbert Everts, and Eleazer
* Proprietors meetings were also regularly held every year and generally on the same day with the town meeting, after the latter was adjourned, till 1797, when their meetings were merged in the town meetings.
3
34
HISTORY OF SALISBURY.
Claghorn, who, on the same day with their appoint- ment, after having had a conference with the Leices- ter committee, made the following report :
" We have agreed to petition the surveyor general of this state, to run the lines of several towns, from where Leicester takes its first rise agreeable to char- ter, in order to find the true boundary of said town, that the contest betwixt Salisbury and Leicester may be settled ; and further agree that the whole expense be paid by both towns in proportion to the quantity of land that remains to each town after running said lines."
The foregoing report was accepted by this town and recorded in Book I, page 3.
At a subsequent town meeting, held September 2, 1788, it was "voted, that Eleazer Claghorn, Asa Lawrence, and Stephen Hard, be a committee to meet a committee from Leicester, to settle all the cost that has accrued by preparing to run, and for running, the lines of several towns, to find where Leicester lieth according to charter, in order to see what belongeth to Salisbury to pay, and make up their account, and lay before the select men of said town, and also prepare a petition to the Honorable General Assembly of this state, in behalf of the town, that the Assembly will grant, on the land in the town of Salisbury, for defraying the expenses of
35
HISTORY OF SALISBURY.
ascertaining the boundary line between Salisbury and Leicester."*
1248469
It would seem, from the foregoing, that both towns were fast approaching a final settlement of all their difficulties, but the dockets of Addison county court show that this happy consummation was not so easily obtained, as do all subsequent votes in this matter, as seen on the records.
Many law suits were commenced, and some of our honest and peaceable citizens, who had been so un- fortunate as to locate on lands claimed by both towns, found themselves occupying conspicuous places, in scenes of litigation, before our courts. It was not uncommon for those claiming land under title other than that of the occupant, in a single night to reap, and carry away from him who raised it, the wheat of several acres. These scenes of liti- gation and quarrel lasted about twelve years, as ap- pears from various accounts and records. In 1788, Eleazer Claghorn obtained judgment in Addison county court for the sum of three pounds and ten
The towns resurveyed at this time, undoubtedly, were Pittsford and Brandon, for Middlebury and New Haven had been resurveyed previous to this; and it is certain that the north line of Brandon was moved, not far from this time, to the south.
36
HISTORY OF SALISBURY.
shillings, damages, and fifteen pounds nine shillings and one penny, costs, against Thomas Stephens, Eph- raim Stephens, Joseph Nickols, Samuel Kendall, and Isaac Scott, for reaping and carrying away in the night about three acres of his wheat. It also appears, from the docket of the county court, that Stephen Olin and Penuel Stephens were complained of, for riotous conduct toward Eleazor Claghorn, James Waterous, and others, and were fined by the court twenty-five shillings, and thirteen pounds two shil- lings, cost.
One chief hindrance in getting the proprietors and landowners of the two towns into a train of settle- ment, was the difficulty of ascertaining which of the two charters was granted first. Leicester charter bore marks of priority, as it was dated October 20. 1761, and Salisbury charter was not dated until Nov. 3, of the same year. Now Salisbury people had reason to believe Leicester charter had been clandestinely altered, and dated back, as its south line, which was made its starting point by its char- ter, was predicated on Neshobe, (now Brandon), and that town was not chartered until November 3. Moreover, other evidence, as appeared from the char- ter itself, carried the conviction, as the writer was in- formed by the counsel for Salisbury in the case, that its date had been altered. But as a full argument
37
HISTORY OF SALISBURY.
here may fail to interest the reader, we will state a few concise facts concerning the matter, and let the subject die away, and rest with its cotemporaries in silence.
We find on record, January 26, 1791, the following agreement:
" Agreed with Esq. Claghorn to submit all matters between Salisbury and Leicester, both respecting right of soil and jurisdiction, to Nathaniel Niles, Samuel Safford, Timothy Brownson, Doctor Arnold, and John Fassit ; provided the towns will agree that the judgment of said men shall be confirmed by the General Assembly to be a final settlement of all dis- putes aforesaid."
The above agreement must have been made at Bennington where the" General Assembly convened that year, as John Smith signed the agreement, and was representative from Leicester, and Claghorn from Salisbury. This appears obvious from the fact that at a subsequent town meeting, held March, 7, 1791, it was " voted we will submit all matters according to the above agreement made by John Smith and Eleazer Claghorn, Esqs., at Bennington, January last."
Whereupon, " Eleazer Claghorn, Stephen Hard, and Holland Weeks, were appointed a committee to treat with the town of Leicester, to see if they would 3*
35
TIISTORY OF SALISBURY.
agree to the above proposal." This meeting was ad- journed to a future day, to hear the report of their committee, but no record can be found of this last meeting, nor of the committee's report. Neverthe- less, it is believed, the General Assembly did some- thing in the case; and it is quite probable that the men agreed upon by Smith and Claghorn heard the case, and that the General Assembly confirmed their
report. This is evident from the fact that the town at their meeting, March 13, 1792, voted a tax to de- fray the expenses of the town, and also "voted that the inhabitants living south of the south line that was set off from Salisbury to the inhabitants of Lei- cester, at the last session of the General Assembly of this state, be exempt from the above tax."
Now a dividing line, without doubt, was fixed be- tween these two towns at that time; but where it was laid, cannot be ascertained from any of the oldest in- habitants, nor is there any record showing its loca- tion. It seems that the line thus established did serve as a jurisdiction line for two or three years. As late as 1794, the line referred to was recognized by a vote of the town, "to remunerate E. Claghorn one pound six shillings, paid for depositions used be- fore the General Assembly at the time the jurisdic- tion line was settled betwixt Salisbury and Leicester, and also eight shillings, for money paid Enoch Wood-
39
HISTORY OF SALISBURY.
bridge as counsel in the case before the Legislature."
But this jurisdiction line was soon broken up; for what reason, it is now impossible to tell; neither the town nor state records throw any light upon the matter. The conflict between the two towns revived with new energy before the close of the year 1795. On the 7th of December of that year, it was " voted to raise a tax of two pence on the pound on the list of the polls and rateable estate, for the year 1795, to be collected by the first day of March next, for the purpose of defending against Leicester in a suit brought against Caleb Church by Garfield." Again, at the town meeting held March 1, 1796, we find another vote touching this matter, which was: "That E. Claghorn, Holland Weeks, Stephen Hard, Salathiel Bump, and Elias Kelsey, be a committee to meet a committee from Leicester, to see if they can settle the difficulty between the two towns, and make report at an adjourned meeting." And, finally, April 14, 1796, it was " voted that the town of Salisbury will make the south line of lot No. 20 the jurisdiction line between the towns of Salisbury and Leicester, and on the 19th of April of the same year the com- mittee made the following report :
" April 18, 1796. The committee from Salisbury and Leicester met at the house of John Deming, and agreed on a final settlement of the difficulties be-
1
40
HISTORY OF SALISBURY.
tween the towns of Salisbury and Leicester; that a line for jurisdiction shall be run between said towns, viz .: beginning at the south-west corner of lot No. 20, being the first hundred acre division laid to the proprietors of said Salisbury. From thence westerly until it strikes thirty rods south of John Fyfe's, now dwelling-house, and from thence to con- tinue the same course until it strikes the east bank of Otter creek, and then to run easterly from the first- mentioned bounds on the south line of said lot No. 20, until it strikes the west line of Captain White's farm; then north on said farm until an east line will strike thirty rods north of said White's house; then east until it comes parallel with the south-east corner of said lot No. 20; then south to said corner ; then east parallel with the line of said lot to the east line of said Salisbury; and the towns, and proprietors of the towns of Salisbury, and Leicester, considered in them corporated, shall not bring nor encourage any suit to be brought over said line against each other."
Signed,
ELEAZER CLAGHORN,
SALATHIEL BUMP,
STEPHEN HARD,
İ
Committee from Salisbury.
HOLLAND WEEKS, ELIAS KELSEY, JOHN SMITH,
BENJ. GARFIELD,
JOSEPH WOODWARD.
Committee from Leicester.
41
HISTORY OF SALISBURY.
The foregoing report and agreement was accepted by the town, and ordered to be recorded, and the vote to raise money to defend against Leicester, in the case of Garfield against Church, was rescinded.
Here this controversy, which had been the cause of so much trouble for a series of years, was brought to a close, and the inhabitants of both towns ever after en- deavored to cherish kind feelings towards each other, though it was obvious, for many years, that the people of those towns did not associate and mingle together with so much ease as they did with those living in adjoining towns.
This controversy, aside from its bad moral effects, greatly impeded the settlement of the two towns. In the meantime, adjoining towns were rapidly filling up; indeed immigration into all the towns west of the mountains was so great in 1787, 1788 and 1789, that a fearful scarcity of provisions was again realized in the winter and spring of 1790.
42
HISTORY OF SALISBURY.
4
-
CHAPTER V.
FURTHER DISTRIBUTION AND ALLOTMENT OF LANDS.
THE boundaries of the town have been altered still further by two acts of the Legislature ; once in 1832, by which a strip of land in the north-easterly part of the town, one hundred and sixty rods wide and nine hundred rods long, was annexed to the town of Rip- ton. By the other act of the Legislature, passed in 1840, a slight alteration was made in the southern boundary.
The charter required the grantees to lay out and appropriate certain shares for specific public purposes, viz., five hundred acres to be the private property of the governor who granted the charter, which was to be laid out in one body, in any part of the town he chose to designate; the same also being considered equal to two shares. One share to be appropriated to the use of schools ; another for a glebe for the Church of England ; another for the first settled minister, and another still for the support of the gospel in foreign parts.
With the exception of the governor's lot, these
43
HISTORY OF SALISBURY.
shares have not been laid out as required by the char- ter, nor as intended by the original proprietors. The governor's lot was located in the north-west corner of the town, and sold to Holland Weeks in 1785, but was not laid out until after the settlement of the south line of Middlebury in 1786. The controversy with Leicester rendered it doubtful whether any of the public lots could be laid out so as to be held, legally, in any place where the land had not already been taken up. And nothing definite could be agreed upon concerning them, until after the settlement of the jurisdiction line between Salisbury and Leicester. As the proprietors' meetings were kept alive until this settlement took place, it was agreed that lot No. 12 of the home lots should be appropriated as a part of the share for the first settled minister ; and lot No. 4 be appropriated for schools.
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