History of the state of Vermont; for the use of families and schools, Part 18

Author: Thompson, Zadock, 1796-1856
Publication date: 1858
Publisher: Burlington [Vt.] : Smith and company
Number of Pages: 514


USA > Vermont > History of the state of Vermont; for the use of families and schools > Part 18


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HISTORY OF VERMONT.


council, and then only so long as they shall approve ; and the lieutenant governor is, by virtue of his office, lieutenant general of all the forces of the state. To prevent the evil consequences, which might result from hasty determinations, all bills which originate in the assembly, are laid before the governor and council, for their revision and concurrence, or pro- posals of amendment. The governor and council have no 'negative upon the house ; but they have power to suspend the passing of any bill until the next session of the legislature.


4. The constitution provides for the appointment of a council of censors, consisting of thirteen persons, to be chosen by the people every 7th year on the last Wednesday in March, and who are to meet on the .first Wednesday of the June following. It is their business to inquire whether the constitution has been preserved inviolate ; whether the legislative and ex- ecutive branches of government have performed their duty ; whether public taxes have been justly laid and collected ; and whether the laws have been duly executed. They also have power to pass pub- lic censures, order impeachments and recommend the repeal of such laws as they may deem contrary to the principles of the constitution ; and, should they judge it necessary, they may propose amend- ments to the constitution and call a convention to act upon them. These powers they may exercise for the space of one year from the day of their election and no longer.


5. The constitution of Vermont differsin some re- spects from that of every other state in the union. The whole legislative power is vested in a house of representatives, but the council, though not a co-or- dinate branch, has power to suspend the acts of the legislature, and prevent their becoming laws, for the period of one year. Thus every law which is not approved by the council, is in effect, submitted di- rectlyto the people. If the people approve it, they


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233


JUDICIARY POWERS.


will manifest it through their representatives, the following year. If the legislature re-enacts this suspended bill at the next session, it then becomes a law without the concurrence of the governor and council ; from which it will be seen that the govern- ment of Vermont approaches very nearly to a pure democracy.


6. The successive councils of censors have fre- quently proposed so to alter the constitution, as to establish a senate, instead of the executive council, and make it a co-ordinate branch of the legislature, but these proposals have allways been rejected by the conventions, which have been called to consider them. Only one amendment to the constitution has been made during the last forty years, and that only provided for the naturalization of foreigners, who should settle in this state, agrecably to the laws of congress.


7. The Judiciary powers are vested in a supreme court and court of chancery, consisting at present of five judges and a county court in each county, con- sisting of one of the supreme court judges, as chief justice and two assistant justices ; a probate court in each probate district, of which there are nineteen : and justices of the peace in each town, all appoint- ed annually by the legislature. The supreme court and court of chancery holds one session in each county annually, and have original and conclusivo jurisdiction in all suits of chancery and petitions not triable by jury. Appeals may be had to this court from the county courts, only for the determination of questions of law. The county courts hold res- pectively two sessions annually in each county. They have original jurisdiction of all criminal mat- ters, excepting such as are made cognizable before justices of the peace. Justices of the peace may try actions of a criminal nature where the fine, or for- feiture, does not exceed $7. They have original and exclusive jurisdiction in civil cases, where the matter


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HISTORY OF VERMONT


in demand does not exceed $100, except for slander- ous words, replevin above $7, and trespass upon freehold above the sum of $20.


8. Crimes and punishments .- Treason, murder, perjury, in consequence of which some person's life is taken away, and arson, by means of which some person's life is destroyed, or his, or her body, or members, injured, are at present the only crimes punished with death by our laws. Manslaughter, and the second conviction for burglary, are punished by imprisonment at hard labor in the state prison for life, or for a term of years, in no case less than seven, and in that of manslaughter not less than ten. The punishment for perjury, where life is not taken in consequence, may be the same as for manslaughter. Arson, without death, burglary, rape, robbery, purju- ry, forgery, theft, adultery, polygamy, incest, coun- terfeiting, and swindling, are punished by imprison- ment at hard labor, and by fine, in no case cxeceding $1,000, or either of said punishments, in the discre- tion of the court. Only three executions have taken place in this state, by sentence of a court of law, since the assumption of the government in 1778. The first was Dean, who was executed at Burlington in 1808, the second was Godfrey, executed at Wood- stock in 1818, and the third was Virginia, a man of color, executed at St Albans in 1820. David Reding was executed at Bennington before the present form of government was established, and several have sut- fered, in time of war, by sentence of court martials. Since the establishment of the state prison at Wind sor, the average number of couvits confined there, has been about 100. These have been sentenced for various crimes, and for different terms of service, but the greatest part for theft and counterfeiting.


9. The laws of Vermont consist of the acts of the legislature, which are published at the close of the session, making an annual pamphlet of from 50 to 100 pages. The first attempts at legislation in Ver-


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335


EDUCATION.


mont are not preserved. The laws passed previous to February 1779, are not on record in the office of the secretary of state. The most important acts from that time down to the close of the year 1786, are to be found in the valuable work entitled " Vermont State Paper," compiled by the Honorable William Slade, Junior. In 1787, there was a general revision of the laws, and those then in force were collected and published in a single volume. They were again revised, digested and published in a single octavo volume in the year 1825. By our present laws every organized town is obliged to support all the poor, who have a legal settlement in the same. A legal settlement is acquired in several ways ; as by a res- idence of seven years in the town, without expense to the town, or of five years if their ratcable proper- ty has been set in the list of the town during that time at $60, or upwards. Persons sworn into town office two years, gain a residence thereby. Married women always have the settlement of their husbands. Legitimate children have the settlement of their pa- rents, and illegitimate children the settlement of their mothers. Children cannot gain a settlement in a town by birth where their parents have not a legal settlement.


10. Education .- There are few states in the Union in which useful knowledge is more generally diffus- ed than in Vermont. The first settlers were not gen- erally well educated men, but the trying circumstan- ces in which they were placed, led them to form a true estimate of the importance of education, and we accordingly find them, very soon after assuming the powers of government, providing for the establish- ment of schools and seminaries of learning. Each organized town is divided into school districts, and n each district a school is maintained during a part of the year. A part, and in some places, all of the noney for the support of these schools is raised up- on the Grand List, in consequence of which our


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HISTORY OF VERMONT.


schools are open to the poor as well as the rich, and, if any children in Vermont grow. up without a com- petent knowledge of the common useful branches of education, the fault is wholly chargeable upon themselves, or their parents. Besides our common schools, academies are established in most of the counties, where instruction'may be had in the higher branches of education. There are likewise two col- leges and three medical institutions in Vermont.


11. The first printing office was established in Ver- mont at Westminster in the year 1778, by Judah Pad- dock, Spooner and Timothy Green. The same year Judah Paddock and Alden Spooner were ap- pointed state printers by the General Assembly. In April 1781, the first News Paper printed in Vermont, was published at Westminster by Judah P. Spooner and Timothy Green. It was called the Vermont Ga- zette or Green Mountain Post Boy, and its motto was characteristic of the inhabitants of the Green Moun- tain state.


"Pliant as reeds, where streams of freedom glide, Firm as the hills, to stem oppression's tide."


This paper was issued weekly on Monday, on a sheet of pot size, but was continued only one or two years.


12. The second paper published in Vt. was the Ver- mont Gazelle, or Freeman's Depository. It was commen ced by Anthony Hlaswell and David Russell, June 5th 1783, and has been continued to the present time. The press and types which were at Westminster hav- ing been purchased by George Hough he removeed them to Windsor in 1783, and in partnership with Alden Spooner commenced publishing the Vermont Journal and Universal Advertiser on the 7th of August of that year. This was the third paper published in Vermont and the second which continued any con siderable length of time. It is still continued in con- nection with the Republican and Yeoman. There are at this time in Vermont no less than twenty four pa-


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DISEASES.


pers published weekly, besides three or four period- icals which are issued less frequently.


13. Religion .- The constitution of Vermont secures to every person freedom of religious opinion and wor- ship, and declares, " that no man can be compelled to erect or support any place of worship, or to main- tain any minister, contrary to the dictates of his own concience." No person can be deprvied of his civil rights, as a citizen, on account of his religious senti- ments, or his peculiar mode of worship. Yet all de- nominations are enjoined by the constitution to ob- serve the Sabbath, and to keep up some sort of re- ligious worship, which to them shall seem most agreeable to the revealed will of God." The whole number of clergymen in this state is about 350, and they are of the following denominations, viz. Congregationalists, Methodists, Baptists, Freewill Baptists, Presbyterians, Episcopalians, Christians, Universalists, Unitarians and Friends. Some new sects have occasionally sprung up in this state, but they soon came to nought.


14. Diseases .- Vermont enjoys a pure and whole- some air. The diseases most common to our cli- mate, are fevers, dysentery, consumption and other inflammatory complaints, arising from colds, induced by the sudden changes in the weather to which this state is subject. The typhus or slow fever, has been the most common in Vermont, though it has not generally been very fatal. It has prevailed more or less in almost every year since the settlement of the state was com- menced. The spotted fever commenced its ravages in this state about the beginning of the year 1811, and continued its devastations for about two years. This was the most alarming disease ever known in Ver- mont. It usually attacked persons of the most ro- bust and hardy constitutions and often proved fatal in the course of a few hours. It was not uncommon that the patient was a corpse before a physician could be brought to his assistance.


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HISTORY OF VERMONT.


15. The lung fever followed the spotted fever, and was the most fatal epidemic disease ever experienced in this part of the country. 'This disease resembled the spotted fever, except in having its principal loca- tion upon the lungs, and being slower in coming to a crisis. It commenced in this state in the autumn of 1812, at the northwestern part. It proved very mortal in the United States' army at Burlington, carrying off from 10 to 12 in a [day, before it spread among the inhabitants : It was, however, but a short time before it became general throughout the state In the course of the succeeding winter it swept off from 20 to 60 of the most respectable and useful cit- izens in almost every town. Intermittent fevers were formerly common in many places along the shores 'of lake Champlain, but cases of this disease at pres- ent very rarely occur. The dysentery has ever been one of the most fatal disorders to children, and has frequently prevailed in different sections of the state to an alarming degree. This disease is seldom known, except in the months of July, August and Septem- ber. Some cases of dysentery have occurred almost every year since the state has been settled ; but they have been for some years less numerous than formerly. In the autumn of 1822 and 1823, the dysentery ap- peared in a much more malignant form than usual, and was very fatal in some places.


16. But of all the diseases, which continue from year to year to make their inroads upon our popula- tion, the pulmonary consumption is the most fatal and deplorable. Slow in its advances, it almost im- perceptibly undermines the constitution-exhausts the vital energies, and, annually, brings down hun- dreds within this state to an untimely grave. The consumption seems to have its origin in the sudden changes to which our climate is subject, and as the weather has become more variable in consequence of clearing and cultivating the country, we have an obvious cause for the increasing ravages of the dis-


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SEASONS.


ease ; and this cause is not a little aided by the pro- pensity, which' prevails, to indulge the caprices of of the fickle goddess, fashion. Too much pains cannot be taken by those, who prize their health, to guard themselves against the effects of sudden changes of temperature. The measles, canker rash, influenza, &c. have frequently been epidemic in this state. To the Epidemic Cholera which was so fatal in many parts of the United States during the summer of 1832, there were only ten or twelve vic- tims in Vermont ; and it may be safely affirmed that Vermont enjoys as pure an atmosphere, as good and wholesome water, and as healthy a climate as almost any part of the world.


17. Seasons .- The Climate of Vermont is cold and the weather is subject to sudden changes. The ex- tremes of heat and cold are about 100 degrees above, and 27 degrees below, the zero in the scale of Far- enhert's thermometer. But few observations have hitherto been made for determining the mean annual temperature. Snow usually falls about the first of December and covers the ground till April, and du- ring this time the cold is often severe. The win- ters in Vermont are, however, milder and more variable, and the quantity of snow less, than at the time this state was first settled. Frost commonlys cease about the 10th of May and commences again about the first of October, but they have been known every month in the year. Apple-Trees put forth their leaves about the 5th of May, and their blossoms about the 15th. Indian corn is planted between the 10th and 25th of May, blossoms in July and is ripe in September .. Vegetation is about eight or ten days later on the high lands than it is along the lake and rivers.


18. Vegetation has sometimes suffered for the want of rain, but much more frequently from'two great an abundance ; and the crops along our rivers are fre- quently destroyed by sudden freshets. The most re-


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HISTORY OF VERMONT.


markable and destructive freshets which have occur red since the settlement of the state, were those of 1783, 1811 and 1830. In addition to the vast amount of property destroyed by these floods, many lives were also lost. During the freshet of 1830, no less than 14 persons, were drowned in the town of New Haven in this state.


19. Soil and productions .- The soil of Vermont is in general, rich and loamy, producing an abundance of those kinds of vegetables, which are common in our latitude. Still the variety of soil in the different parts of the state, is very considerable. Bordering our numerous rivers, are beautiful tracts of interval land, which consists of a dark, deep and fertile allu- vial deposit, very productive in corn, grain, grass and . garden vegetables. Back from the intervals, the land rises in some places gradually, in others abruptly, into hills, and further back into mountains. These are intersected by numerous streams, and in general, present a broken and diversified aspect. The up- lands in many places are, however, scarcely inferior to the intervals. They are generally sufficiently free from stone to admit of easy cultivation, and produce good crops of corn, grain and grass. Farmers, who are industrious, seldom fail of having their barns filled with hay and flax, their granaries with corn, wheat, rye, oats, barley, peas and beans, and their cellars with the best of cider, potatoes, turnips, beets, onions, and other esculent vegetables. Those hills and mountains which are not arable, on account of their steepness or rocks, afford the best of pasturage for cattle and sheep. The principal articles of ex- port are lumber, marble, copperas, horses, beef, pork, mutton, pot and pearlashes, butter, cheese and wool. No part of the world is better adapted to the pro- duction and fattening of horses, cattle and sheep, than the hills and mountains of Vermont. The rai- sing of wool constitutes an important branch of em- ployment.


APPENDIX.


... J. I .--- Governors and Lieutenant Governors.


Governors.


1778


Thomas Chittenden.


1779


1781* 66


1782


1786. 66


1787 60


Joseph Marsh.


1789 Moses Robinson.


1790


Thomas Chittenden. 66


1794


Peter Olcut. Jonathan Hunt. Paul Brigham.


1796 66 66 1797 Isaac Tichenor. 66 1801 1807 Israel Smith. 1808 Isaac Tichenor.


66


1809 Jonas Galusha.


1813 Martin Chittenden.


William Chamberlain.


1815


Jonas Galosha.


1820


Richard Skinner. 66


Aaron Leland.


1825


Ezra Butler.


66 66


1827


Il. nry Olin. 66


1828


Samuel C. Craf's.


1830


1831


William A. Palmer. 66


Mark Richards. Lebbeus Egerton.


* In those years which are omitted as from 1779, &c. the incumbents were continued in office.


21


1832


Paul Brigham. William Cahoon.


1822 1823 C. P. Van Ness.


Lieut. Governors.


Joseph Marsh. Benjamin Carpenter. Elsha Payne. Paul Spooner.


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242


APPENDIX.


Nos. II .... Treasurers and Secretaries.


Treasurers.


Secretaries of Slute.


1778


Ira Allen.


1778*


1781


66


66


Micah 'Townsend-


1786


Samuel Mattocks.


1788


1301


Benjamin Swan.


1802


¥


David Wing Jr.


I806


Thomas Leverett.


1813


Josiah Dunham.


1815


66


William Slade Jr.


1823


60


Norman Williams.


1831


Timothy Merrill,


No. III .--- Speakers and Clerks.


Speakers.


Clearks.


1778


Nathan Clark.


1778


Thomas Chandler.


1779


66


1781


Thomas Porter.


1782


Increase Mosely.


1783


Isaac Tichenor.


1784


Nathan Niles.


1785


S. R. Bradley.


1786


Gideon Olin.


66


1788


Stephen Jacobs.


1790


Lewis R. Morris.


1791


66


William Eaton.


1793


Daniel Buck.


Richard Whitney. 66 66


1795


Lewis R. Morris.


1797


Abel Spencer.


1798


Daniel Farrand.


Samuel C. Crafts.


1799


Amos Marsh.


1800


Nathan Osgood.


1801


66


James Elliot.


1802


Abel Spencer.


Thomas Chandler. Joseph Fay.


Roswell Hopkins. 66


Benjamin Baldwin. Bezaleel Woodward. Roswell Hopkins.


* When tho date is repeated there were two sessions of the assembly in a year.


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APPENDIX.


Speakers.


Clerks.


1803


1804


Theo. Harrington. Aaron Leland.


Anthony Haswell. Martin Post.


1806


1808


Dudley Chasc. 66


William D. Smith.


1809 1813


Daniel Chipman.


=


1815


Wm. A. Griswold.


1818


Richard Skinner.


1819


Wm. A. Griswold.


1820


D. Azro A. Buck.


1822


Timothy Merrill.


1823


George E. Wales. Isaac Fletcher.


1825


D. Azro A Buck.


1827.


Robert B. Bates.


"


1829


D. Azro A. Buck.


1830


Robert B. Bates.


1831


John Smith.


Charles Davis.


1832


66


Robert Pierpont.


No. IV .- Counties and Towns.


The following table exhibits the time of the incorpora- tion of the several counties, and the number of town- ships and gores and the shire towns in each.


Counties.


|Incorporated.|Towns.|Gores.|Shire Towns,


Addison,


Feb.


I787


23


1


Middlebury.


Bennington,


Feb. 11, 1779


17


Manchester.


Caledonia,


Nov. 5, 1792


17


3


Danville.


Chittenden,


Oct. 22, 1782


16


1


Burlington.


Essex,


Nov. 5, 1792


18


3


Guildhall.


Franklin,


Nov. 5, 1792


20


1


St Albans.


Grand Isle,


Nov. 9, 1802


5


N. Hero.


Orange,


Feb.


1781


17


Chelsea.


Orleans,


Nov. 5, 1792


23


Irasburgh.


Rutland,


Feb.


1781


26


Rutland.


Washington, Nov. 1, 1810


17


Montpelier.


Windham,


Feb. 11, 1779


21


4


New Fanc.


Windsor,


Feb.


1781


23


1


Woodstock.


Bennington.


1824


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APPENDIX. No. V .--- Judges of the Supreme Court.


Elected Oct., 1778. Moses Robinson, John Shepardson, John Fassett, jun. Thomas Chandler, John Throop. Oct., 79. Moses Robinson,


John Shepardson, John Fassett, jun.


John Throop,


Paul Spooner, Oct., 80.


Moses Robinson,


Paul Spooner,


John Fassett, jun.


Increase Mosley, John Throop.


Oct., 81.


Elisha Payne,


Moses Robinson,


John Fassett, jun. Bezaleel Woodward, Joseph Caldwell. Oct., 82,


Moses Robinson,


Paul Spooner,


Jonas Fay,


John Fassett,


Peter Olcutt,


Oct., 83.


Moses Robinson,


Paul Spooner,


John Fassett,


Peter Olcutt,


Thomas Porter. Oct., 84.


Paul Spooner, John Fassett, Nathaniel Niles, Thomas Porter, Peter Olcutt. Oct., 85.


Moses Robinson, Paul Spooner, Nathaniel Niles,' John Fassett, Thomas Porter, Oct., 86. Moses Robinson, Paul Spooner, Nathaniel Niles, Nathaniel Chipman, Luke Knowlton. Oct., 87. Moses Robinson,


Nathaniel Niles, Paul Spooner. Oct., 88. Moses Robinson, Paul Spooner, Stephen R. Bradley. Out., 89 & 90. Nathaniel Chipman, Noah Smith, Samuel Knight. Oct., 91, 92 & 93. Samuel Knight, Elijah Payne,


Isaac Tichenor. Oct., 91 & 95.


Isaac Tichenor, Lot Hall,


Enoch Woodbridge. Oct., 96. Nathaniel Chipman, Lot Hall,


Enoch Woodbridge. Oct., 97.


Israel Smith, Enoch Woodbridge, Lot Hall.


Richard Skinner, Samuel Prentiss Titus Hutchinson, Stephen Royce Jr. Oct., 1827. Richard Skinner Samuel Prentiss Titus Hutchinson


Bates Turner. Oct., 1828. Richard Skinner Samnel Prentiss


Titus Hutchinson


Bates Turner


Ephraim Paddock.


Oct., 1229 Samuel Prentiss


Titus Hutchinson


Charles K. Williams


Stephen Royce Jr. Ephraim Paddock.


Oct., 1830. Titus Hutchinson C. K. Williams Stephen Royee Jr. Ephraim Paddock


Nathaniel Chipman, Daniel Farrand, Jonathan H. Hubbard. [John C. Thompson. Oct. 1815. Asa Aldis, Richard Skinner, James Fisk. Oct. 16.


Richard Skinner


James Fisk,


William A. Palmer. Oct. 1817, 18, 19 & 20. Dudley Chase, Joel Doolittle,


William Brayton. Oct., 1821. C. P. Van Ness. Joel Doolittle, William Brayton. Oct., 1822. C. P. Van Ness, Joel Doolittle, Charles K. Williams. Oct., 1823.


Richard Skinner, Charles K. Williams, Asa Aikons.


Oct., 1824. Richard Skinner,. Joel Doolittle, Asa Aikeus. Oct., 1825, 1826.


Oct., 98,99 & 1800. Enoch Woodbridge, Lot Hall,


Noah Smith, Oct., 01, & 02. Jonathan Robinson, Royal Tyler,


Stephen Jacob.


Oct., 03, 4, 5 & 6 Jonathan Robinson, Royal Tyler,


Theophilus Herrington Oct., 1807 & 1808. Royal Tyler,


Theoph. Herrington, Jonas Galusha.


Oct. 1809, 10, 11 & 12. Royal Tyler,


Theoph. Herrington, David Fay. Oct. 1813 & 14.


Oct., 1831, -32. Titus Hutchinson C. K. Williams Stephen Royce JJr. Nicholas Baylies S. S. Phelps.


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APPENDIX.


No. VI .--- Senators in Congress. Senators, elected. Senators,


elected.


Moses Robinson, Oct. 1791


Steph. R. Bradley, Oct. 1791


Isaac Tichenor,


"


1796


Elijah Paine,


"


1794


Nathl. Chipman,


" 1797


Elijah Paine, " 1800


Israel Smith,


1803 Steph. R. Bradley, " 1801


Jona. Robinson,


" 1807 Steph. R. Bradley,


" 1806


Jona. Robinson,


"


180S Dudley Chase,


"


1812


Isaac Tichenor,


" 1814 James Fisk,


"


1817


Horatio Seymour,


" 1826 Wm. A. Palmer,


" 1818


Horatio Seymour,


"


1826 Dudley Chase,


1824


Benjamin Swift,


" 1832 Samuel Prentiss,


"


1830


No. VII .--- Representatives in Congress.


Representatives. Term.


Representatives. Term.


Nath'l. Niles, 1791-1795 Charles Marsh, 1815 --- 1817


Israel Smith, 1791-1797 John Noyes,


1815-1817


Daniel Buck,


1795-1797 Heman Allen, 1817-1819


Matlı. Lyon,


1797-1801|S. C. Crafts, 1817-1825


L. R. Morris,


1797-1803|Wm. Hunter, 1817-1819


Israel Smith,


1801-1803 0. C. Merrill, 1817-1819


W. Chamberl'n, 1803-1805 Charles Rich,


1817-1825


M. Chittenden,


1803-1813 Mark Richards, 1817-1821


James Elliot,


1803-1809 William Strong, 1819 ___ 1821


Gideon Olin,


1803-1807 Ezra Meech,


1819-1821


James Fisk,


1805-1809|R. C. Mallary, 1820 ... 1831


J. Witherill, 1807-1808 Elias Keyes,


1821 ___ 1823


Samuel Shaw, 1808-1813 John Mattocks, 1821-1823


W. Chamberl'n, 1809-1810 W. C. Bradley, 1823-1827 J. H. Hubbard, 1809-1810 D. A. A. Buck, 1823-1829 James Fisk, 1825 ___ 1827


Win. Strong,


1810-1815 John Mattocks, 1825 ... 1827


W. C. Bradley, Ezra Butler, R. Skinner, Charles Rich,


1813 -- 1815 Geo. E. Wales, 1825 ___ 1829 1813-1815 Benjamin Swift, 1827 --- 1831 1813 -- 1815 Jonathan IIunt, 1827 ... 1832 1813-1815 Win. Cahoon, 1827 ...




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