USA > Vermont > Addison County > Cornwall > History of the town of Cornwall, Vermont > Part 3
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HISTORY OF CORNWALL.
records and deeds still accessible ; and that there was, as in Middle- bury and other towns, a first and second hundred acre division, is, from various documents equally probable. But it is certain that in consequence of the destruction of the Proprietors' records above alluded to, most traces of surveys and divisions were so far oblit- erated, that the settlers while they severally claimed under some "original right," consulted their own preferences as to the location of their claims. Ilence it happened that hundred acre, or smaller, or larger lots, claimed under the same "original right," were loca- ted in different parts of the town. Claims thus located were called "pitches," the evidence of which was a certified survey which embraced some designation of boundaries, and was recorded on the Proprietor's book. This method of making pitches without regard to any system of division, unavoidably occasioned confusion, which was increased by the action of the Proprietors appropriating lands to individuals as a remuneration for service done on the highways, the construction of which was for years an extremely heavy burden on the inhabitants. For example ; at a meeting of the Proprie- tors soon after the burning of the records, permission was granted to any one of their number, to make a pitch of fifty acres for doing two days' work on a highway, and for the payment of three dollars to the treasurer of the body, he should have the privilege of making such a pitch in "two places." At the same meeting the names of a considerable list of persons are mentioned, to whom, severally, the privilege of making one, two or even three pitches, was con- firmed, for the prescribed service on the highway, and to a still longer list, pitches already made were confirmed for the amount of service named, or for its equivalent paid in money. The only condition imposed was that the pitches should be "in square form, and not lap on other surveys."
As a result of this mode of division, some of the later claimants found no laud unoccupied, on which to place a survey ; while many of the settlers shrewdly observing the boundaries of the pitches occupied by their neighbors, after the lapse of years found vacant Lots that had escaped the notice of surveyors and claimants, which they secured for themselves simply by having them surveyed, and
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HISTORY OF CORNWALL.
the survey entered on record. Many valuable lots of land were secured in this way, which cost their owners nothing but the trouble of surveying, or the surveyor's and register's fees.
The majority of the Proprietors in Cornwall, held that a regular meeting of their body was appointed by adjournment, the 10th of February following the destruction of their records, which meeting was originally warned for the purpose of making a division of lands. They claimed, therefore, that in holding that adjourned meeting, and all other properly notified meetings, they acted legally, while those settlers who had failed to realize their expectations, thought of no surer way to push their own claims into notice, than to attempt to invalidate those of others, by questioning their legality.
To terminate disputes which might otherwise have been endless, consuming in useless litigation, time, money and kind feeling, tho Legislature of Vermont, at its session in 1798, passed an act em- powering the Proprietors to authenticate and confirm the division they had authorized. The act, which is the same in its tenor, as were several acts passed the same year in reference to Middlebury and other towns in the vicinity, roads as follows :
" Whereas, in the year one thousand seven hundred and seventy- eight, the Proprietors' records of Cornwall were wholly destroyed by fire, in consequence of which, it becomes extremely difficult to prove the legality of their first Proprietors' meeting, which stood adjourned at the time said records were burned, on which the whole of said division depends :
"Therefore, it is hereby enacted by the General Assembly of the State of Vermont, that the Proprietors of the township of Corn- wall aforesaid, are hereby authorized and empowered, at a proprie- tors' meeting, notified agreeably to the existing Inws of this State, mentioning the business to be done at said meeting, to pass any vote or votes, ratifying and confirming the votes of said proprietors, passed at their adjourned meeting aforesaid, and to pass any other vote or votes ratifying and confirming their division as aforesaid, which votes shall be valid in law, to establish their former records and division, any law to the contrary notwithstanding."
This was entitled a " Quieting Act," and it probably had the effect, temporarily, to check the efforts of disappointed claimants, but did not so effectually allay all disturbance, as to render unneces-
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sary further action on the part of the Propriotors, as we learn from the record of their final meeting cited on a subsequent page.
I cannot persuade myself to withhold from the reader, copious extracts from the early records of the Proprietors. We here find the names of most if not all the residents in town previous to 1779, together with a few who arrived at a later date. These records rureal the doings of a body of energetic and daring pioneers, actu- ally engaged in preparing homes for themselves and their families, in the hitherto unbroken wilderness, and in laying the foundations of an orderly and thriving community.
The reader will bear in mind that we have here the record of the - first meeting held in Cornwall, which was, also, by adjournment, a continuation of the last meeting held in Connecticut previous to the burning of the records.
" February the 10th day, A. D., 1778. Then was this meeting opened according to adjournment, at time and place.
Test per me, ELDAD ANDRUS, Clerk.
1. Voted and chose James Bentley moderator for said meeting.
2. Voted to adjourn this meeting to the first Tuesday in March next, at the house of James Bentley, Jr., at ten of the clock in the forenoon. Test per me, ELDAD ANDRUS, Clerk.
March the 3d day, A D., 1778. Then this meeting was opened according to the adjournment. at time and place.
1. Voted and chose James Bentley moderator for said meeting. .
2. Voted to adjourn this meeting to the last Tuesday of March, at the house of James Bentley, at ton of the clock in the forenoon.
Test per me, ELDAD ANDRUS, Clerk.
March 31st, 1778. This meeting was opened according to ad- journment.
1. Voted to adjourn this meeting to the house of Mr. Aaron Scott, of Cornwall, to the second Tuesday of April next, at ten of the clock in the forenoon.
Test per me, ELDAD ANDRUS, Clerk.
April the 14th, A. D., 1778. Then this meeting was opened according to adjournment at time and place.
Test per me, ELDAD ANDRUS, Clerk.
1. Voted and chose Nathan Foot Clerk for said meeting.
2. Voted that those who assigned their names in a former vote,
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dated May the third, A. D., 1774, that have done their duty accor- ding to said vote, shall be entitled to their pitches : namely, Luther Stoddar on the original right of Jabez Williams : Thomas Bentley, Sarah Nichols, Asa Blodget, two pitches; James Bentley, Wra. Douglass, Theophilus Allen, and those whose names are here men- tioned, have done their duty, and shall hold their pitches, if laid in square form, as many rods ono way as the other :* cach pitch to coutain one hundred acres, with proper allowance for highways, except Mr. Asa Blodget's bow, so called, where he now lives.
3. Voted that Nathan Foot, Samuel Benton, William Douglass. Eldad Andrus, Aaron Scott, shall hold their pitches that were voted at a Proprietor's meeting, holden on the second Tuesday of December, 1774, for encouragement of settlement :- each man's pitch to be laid in square form, as many rods one way as the other, with proper allowance for highways-one hundred acres to each pitch-the above named men have made their settlement, and shall hold their pitches.
4. Voted that Ebenezer Stebbings, Nathan Foot, Samuel Ben- ton for the encouragement of settlement, shall have the privilege of pitching one hundred acres a piece with proper allowance for high- ways. The men above mentioned have pitched and done their duty, and shall hold their pitches.
5. Voted and adjourned this meeting to the house of Mr. Eldad Andrus in Cornwall. to the fifteenth day of April, at eight of the clock in the morning.
Test per me, NATHAN FOOT, Clerk.
April the fifteenth, A. D., 1778. Then this meeting was opened according to adjournment, at time and place.
1. Voted that those whose names are mentioned, namely, Samuel Benton two pitches ; William Douglass, two pitches ; Aaron Scott, one pitch ; Nathan Foot, one pitch ; Saml. Blodget, two pitches ; Asa Blodget, three pitches ; James Bentley, one pitch ; had a right to pitch as many pitches as are here mentioned, for services done
* All the very early surveys of pitches were so surpulously conformed to the rule above alluded to, that an exception was deemed necessary, and was made by express vote, in the case of Asa Blodget, who settled on the bend on Otter Creek generally known as the " Ox Bow," and afterwards in reference to other pitches. The Proprietors would have known, if they had ascertained correctly the bounda- ries of the town, that its shape would preclude conformity to the above rule. To the attempt at comformity, it is, at least, in part owing, that so many small lots of land have been found unclaimed, especially in the swamp, and have been covered by the surveys of those who have made the discovery, down to a date as late as 1858.
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HISTORY OF CORNWALL.
by clearing a road from Otter Creek to Lemon Fair, and have made their pitches with proper allowance for highways. One of Mr. Asa Blodget's pitches does lie on three sides of Sardius Blodget's lot that he now works on, which lies on Weybridge line.
2. Voted to choose a committee to get the minutes of the road laid out through the town of Cornwall north and south, that was lost by an accident, and for to receive labour or money equivalent to four day's works to each pitch.
3. Voted and choso Asa Blodget, Nathan Foot, William Douglass a committee for that purpose, and said committee shall make their returns to the next meeting.
4. Voted that those men for service done, for laying a road through the town of Cornwall, north and south, or for clearing said road, or that paid money to a committee for that purpose, shall hold their pitches according to a former vote that was destroyed by fire, namely, Samuel Benton four pitches twelve dollars; Asa Blodget two pitches six dollars; James Bently two pitches six dollars ; William Douglas four pitches twelve dollars ; Eldad Andrus three pitches ; Ebenezer Stebbings two pitches; Nathan Foot three pitches ; Capt. Truman Wheeler one pitch ; Gamaliel Painter two pitches; Sam'l Blodgett one pitch ; Aaron Scott two pitches ; Obadiah Wheeler one pitch. Those not mentioned in money, have done labor acceptable to three dollars to each pitch.
'5. Voted to choose a committee to lay out two hundred acres upon the ministerial right, also two hundred acres upon the school right. It is to be laid out according to the discretion of the com- mittee which shall be hereafter chosen.
6. Voted and chose a committee for the purpose before mentioned, namely, James Bently, Asa Blodget, Eldad Andrus to make returns at the next meeting.
. 7. Voted that any of the Proprietors have the privilege of laying out three hundred acres on each right which they own on the undi- vided lands, by paying five dollars to each hundred acres that he pitches; said pitches to be laid as many rods one way as the other, with proper allowance for highways. Said money to be paid to the Treasurer that shall be hereafter chosen.
8. Voted and chose Nathan Foot for a Treasurer for the purpose aforesaid, and said Treasurer shall keep account of his doings, and male returns to the next meeting.
9. Voted that Sardius Dlodget shall hold his pitch that he now works on.
10. Voted that any Proprietor shall have the privilege of pitch- ing fifty acres for doing two days' work on the highway from Otter Wreck to Thomas Bentley's, or by paying three dollars to the
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HISTORY OF CORNWALL,
Treasurer, said Proprietors may have the privilege of it in two places.
11. Voted and adjourned this meeting to the first Tuesday of February, A. D. 1779, at the house of Mr. Asa Blodgott in Cornwall. Test per me, NATHAN FOOT, Clerk."
The next meeting of the Proprietors mentioned in their records, was named Sept. 3d, 1783, " to finish laying out the second divis- ion, and to concert measures to lay out part or all the remainder of said town." The meeting was convened, but did not transact any business of importance.
No other meeting is mentioned till July 20, 1782-& period of nearly six years-when the Proprietors were warned to meet for the purpose of " laying out the remaining part of their rights," and of making the necessary arrangements to prosecute their con- troversy with Whiting. In regard to the first article nothing was done, probably because conflicting claims had become too numerous to be reconciled or compromised. This meeting was perpetuated by repeated adjournments till Feb. 10th, 1792. At these meetings & prominent subject of attention was the controversy with Whiting, in reference to which the doings of the Proprietors have, perhaps, been presented sufficiently at length on a former page. The Proprietors, also, as in their previous proceedings, confirmed several pitches to settlers.
At their adjourned meeting, Sept. 21, 1700, the Proprietors appointed Mesers. Joel Linsley, Wm. Slade and Nathaniel Blan- chard " a Committee to measure of twenty-five thousand acres in the town of Cornwall beginning at Weybridge south-cast corner, then running southeasterly on the bank of the crook, so far as turn- ing a due west ling will contain the above said land." Whether this Committee discharged the duty assigned them, we are left in doubt, as no report is entered on the record.
"The last, and only cther meeting of the Proprietors mentioned in their records, was bell as- late as May 20th, 1806, that they might effectually silence all complaints respecting their early ap- propriation of lands, by adopting the provisions of the act of 1798 above citel. The doing; of the meeting were as follows : -
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HISTORY OF CORNWALL.
" Whereas, it appears to this meeting that the Proprietors' Book of Records of the town of Cornwall, was destroyed by fire in the vear 1778, and the Proprietors' meeting stood adjourned till the 10th day of Feb., 1778. which meeting among other things, was warned for the purpose of making a division of land amongst said Proprietors, and the Proprietors met on the said 10th day of Feb., and adjourned from time to time, until the 15th day of April then next, and passed sundry votes relative to dividing their lands into severalty ; and, whereas, doubts have arisen in regard to the legality of saidl votes, on account of the warning and records of the meeting being consumed by fire; and, whereas, the Legislature of the State of Vermont, at their annual session in Vergennes, in the year of our Lord, 1793, passed a law authorizing and empowering said Proprietors at a legal meeting warned for that purpose, to ratify and confirm any vote or votes passed at their adjourned mect- ings as aforesaid, and to pass any vote or votes ratifying and con- firming their division :
Therefore, voted that all the votes and proceedings of the Pro- prietors, passed at their meetings aforesaid, are hereby ratified, established and confirmed, and the mode of division by pitching is accepted and acquiesced in, to all intents and purposes, as a good and valid division, provided the pitches are made in conformity to the aforesaid votes of the Proprietors.
2. Voted that the clause in the seventh vote of the Proprietors, passed at their adjourned meeting, on the 15th day of April, 1778, which required that all pitches or surveys of land should be laid as many rods one way as the other shall be, and the same is hereby dispensed with ; and that no exception or advantage shall hereafter be taken of any Proprietor, on account of his pitching or surveying his land different in form or shape from sail vote.
3. Voted to adjourn this meeting till the 25th day of September naxt. at one o'clock P. M., then to be holden at the dwelling-house of William Slade, in said Cornwall.
Attest, WM. SLADE, Proprietor's Clerk."
A careful examination of the course adopted by the Proprietors, and sanctioned by the Legislature, to encourage settlement, and to defray the expenses of making roads, and of other improvements, awakens a doubt respecting its justice. Each Grantee or Proprie- tor had, by the Charter, a right to a share of about three hundred acres of land "equal in quantity and quality to other shares in town," and each was justly liable to taxation for necessary public Zurdens. But an arbitrary appropriation of unsettled lands for
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these purposes, thus depriving a part of the non-resident claimants of their property, could have been justified only by the stern law of necessity.
" A necessary act incurs no blame,"
But no votes of corporate or legislative bodies can render an un- just act equitable,
Many of the deeds by which the early Proprietors conveyed their rights to others, were exceedingly indefinite. A specimen or two may interest the reader :
" Know all men by these Presents, that I, Levi Benton of Salis- bury, in Litchfield County, and Colony of Connecticut, in New England, do, for and in consideration of ten pounds lawful money, to me in hand paid to my full satisfaction, by Theophilus Allen, of Salisbury, for myself and my heirs quit-claim unto the said The- ophilus Allen, his heirs and assigns forever, all the right, title or claim that I have, or may have, to one right of land which I have in the township of Cornwall, in the parcel of lands called and known by the name of Otter Creek, said to be in the Province of New Hampshire. Nathan Benton was the original Proprietor, Number 48.
To have and to hold the same free and clear from all claim that I have, or any under mo ; in witness whereof I have hereunto set my hand and seal, this 23d day of May, 1774.
LEVI BENTON."
"To all people to whom these Presents shall come, Greeting :-- Know ye, that I, Seth Austin, of the town of Salisbury, &c., &c., do give, grant, bargain and sell unto Theophilus Allen, all my right, title, interest and possesion to one whole right of land, lying easterly of Crown Point. in the State of New Hampshire, granted by the Governor of said State, to a certain number of Proprietors, by the name of Cornwall, which township butts casterly on Otter Creek, and northerly on the town of Weybridge.
Signed, SETH AUSTIN."
Many of the deeds represent Cornwall as in Rutland County, N. Y.,-others as in Charlotte County, N. Y.,-others still as in the County of Rutland or Charlotte, in the Province of New Hampshire, or in the New Hampshire Grants, or State of Vermont. This phraseology may indicate the preference of the parties inter- ested, for the jurisdiction of one or the other of the Governments thus designated.
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The consideration named in the early deeds differs greatly in amount. We find the sums varying all the way from two pounds, lawful money, for an entire share, in 1767, to one hundred pounds in 1785, This diversity was perhaps to be expected. Some of the Proprietors might have needed the proceeds, and have accepted for their lands, the best offer they could obtain. Others might have felt that it was quite doubtful how long the lands would remain unsettled, and consequently have placed but a slight value upon them. After they began to be settled, their value of course increased, though in April, 1778, the Proprietors, as we learn from their records, voted to allow certain persons who had borne the labor and exposure of commencing the settlement, to pitch lots of one hundred acres each, for four dollars paid in money, or for four days' labor done on the highways, or for other service of similar value.
For the gratification of those readers who have not seen the Pro- prietors' records, I copy two or three of the original surveys, pre- mising only, that as there were many surveyors, much variety of description is found in their returns.
"Surveyed in Cornwall, Oct. 23, 1774, for Solomon Linslov. one lot of land containing one hundred acres, and allowance for highways, --- Butts and Bounds as follows, -begins at a soft maple about nine chains east of Beaver Brook, and runs south 32 chains and 50 links to beech staddle ; then west 32 chains and 50 links to Weybridge line, to beech staddle ; then cast on Weybridge line to the first bounds. Surveyed by me,
GAM'LL PAINTER, Surveyor. "The above survey bill recorded Aug. , 1785, by me, JERE'H BINGHAM, P. C." "Surveyed in Cornwall, Oct. 34th, A. D. 1774, for Aaron Scott, one lot of land, containing one hundred acres and allowance for highways, on the original right of John Judd, butts and Bounds as follows : Beginning at the south-west corner of Solomon Lins- ley's Pitch, and runs W. 32 chains and fifty links to a Beech stake; then North 32 chains and fifty links to a Beech tree on
* This survey covers the farm, with some variations, now occupied by Milo Wil- liamson.
t This survey covers the farm, of which Reuben T. Sanrson's forms a part .-- The Weybridge line mentionel in this and the preceding, is Weybribge " Old Line."
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HISTORY OF CORNWALL.
Weybridge line, then E. on said line, 32 chains and 50 Links to the N. W. corner of Linsley's Pitch, then to the first bounds.
Surveyed by me, GAM'LL PAINTER.
This survey bill received to record, June the 27th, 1783, and recorded by me. WM. SLADE, Prop's Clerk."
"Cornwall, Rutland County, State of Vermont, Sept. 8th, 1788, surveyed and laid out for Truman Wheeler 100 acres of land with allowance for highways; beginning at a beech stump marked T. W., then running north 84 rods to a beech tree marked T. W., then running west 200 rods to a beech tree marked T. W., then south 84 rods to a beech marked T. W., then east 200 rods to the first bound. Said land lies between Samuel Benton and Doct'r Foots, laid on the original right of Samuel Beebe. This is instead of an old survey bill which was on record before the records were burnt.
OBADIAH WHEELER, Surveyor.
The above survey was received for record Sept. 8, 1783, and recorded Oct. 12th, 1784.
By me, JERE'H BINGHAM, P. C."
* This survey covers the farm now occupied by William Hurlburt,
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HISTORY OF CORNWALL.
CHAPTER V.
SETTLERS BEFORE THE REVOLUTIONARY WAR : ELDAD ANDRUS, SAMUEL BLODGET, SARDIUS BLODGET, SOLOMON LINSLEY, AARON SCOTT, NATHAN FOOT, JOHN HOLLEY, EBENEZER STEBBINS, JOEL LINSLEY, OBADIAH WHEELER, JONAH SANFORD, JAMES MARSHI DOUGLASS - RETIREMENT OF SETTLERS.
The eighty-six years that have passed since the first log cabin was erected in Cornwall, are but a span in the history of commi- nities, yet they chronicle the transformation of the forest into smi- ling fields teeming with the varied products of agricultural skill and industry - the lurking place of the savage into the abode of peace, security and abundance. We often read with wonder of the rapid growth of settlements in our Western States, yet the carly growth of Cornwall very nearly furnishes a parallel. In twenty- six years from the arrival of the first settler, and in sixteen years from the announcement of peace with Great Britain, when settle- ments became safe, the dwellings of the settlers - humble and unpretending, indeed, yet actual dwellings -had become as numerous, and the population as great as it is at the present mno- muent. We may profitably review the course of the fathers, as they broke away from the ties of kindred, and the homes of early life, provided only with implements for subduing the forest, and with supplies of food and raiment to serve until their own vigorous arme might replenish their store.
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HISTORY OF CORNWALL.
" They brav'd the savage in his native wild; They bade defiance to the wintry blast; Smil'd at the toils and perils of their way, And onward came."
The first settlers within the original bounds of Cornwall, were Asa Blodget, James Bentley, James Bentley, Jr., Thomas Bentley, Joseph Throop, Theophilus Allen, William Douglass, Samuel Ben- ton, Eldad Andrus, Samuel Blodget, Sardius Blodget, Solomon Linsley, Aaron Scott, and Nathan Foot. They arrived and monde their pitches in 1774. The eight first named, selected their lands in the east part of the township, bounding on Otter Creek, and by the change of territorial limits in 1796, became inhabitants of Mid- dlebury, and as such are mentioned in the history of that town by Judge Swift. The remaining six made their pitches in the north- ern and central parts of this town.
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