USA > Vermont > Addison County > Middlebury > History of the town of Middlebury, in the county of Addison, Vermont > Part 13
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4. Voted that, if any man or men, by the first day of May next shall appear and give sufficient bond to the proprietor's Committee to build a good saw-mill, within fifteen months from this day in the township of Middlebury, he shall have any mill-place, which he or they shall choose insaid township, viz : in the undivided part thereof, and also fifty acres of land adjoining said mill-place, he or they to be at the cost of laying out said fifty acres, and build said mill so as to leave room for fifty acres, to be laid out to accommodate a grist mill, and proper place to set a grist mill, if the proprietors see fit to improve it.
5. Voted to lay out a third division, 100 acres to each grantee, as soon as may be conveniently done the ensuing summer.
6. Voted and chose James Nichols, Timothy Harris and Sam'l Keep, a committee to lay out saia 2d division, and also to employ all needful help to assist in laying out the same.
7. Voted to give 5s. per day to each committee-man, so long as they shall be faithfully in the service of iaying out said 3d division.
8. Voted to raise a rate of 10s. lawfull money on each right to defray the charge of laying out said 3d division, to be paid by ye first day of September next.
9. Voted and chose Ebenezer Hanchet, Collector.
10. Voted and chose Enoch Strong, Jonathan Hall and Sam'l Tously assessors.
11. Voted to raise 2s. on each right and give the same to any man or men, who shall, the ensuing summer, clear a cart road from the road last fall cut from Arlington to Crown Point, viz : from about ten or twelve miles beyond where No. 4 road crosses Otter Creek ; said road to be cleared on the east side of said Creek, through the townships of Salisbury, Middlebury and New Haven.
12, Voted and adjourned half an hour.
18. Opened. Voted and chose Ebenezer Hanchet, Treasurer.
14. Voted to pay 6s. to Samuel Keep, for his paying the same sum to the printer for advertising this meeting.
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HISTORY OF MIDDLEBURY.
15 Voted and adjourned this meeting to the first Tuesday of December next at 2 o'clock afternoon at the house of Mr John Evarts, in Salisbury.
Test, SAM'L KEEP, Proprietor's Clerk.
There is no record of a meeting held at the time of the above adjournment, or of the annual meeting in March 1766.
" At a meeting of the proprietors of the township of Middlebury, legally warned, opened and held at the dwelling house of Mr. John Evarts in Salisbury, in Litchfield County, and Colony of Connecticut, the 7th day of April, 1766,
1. Voted and chose Mr. James Nichols Moderator for said meeting.
2. Voted that each proprietor that shall, the ensuing summer, repair to Middlebury, and do the duty agreeable to the directions of the charter for said township, so as to hold said right, that such proprietor or proprietors shall have thirty-five acres to each right or share in said township over and above his or their equal proportion with the rest of the proprietors in said township ; provided he or they will be at the trouble and cost of laying out said thirty-five acres in good form in any of the undivided part of said township, reserving every conve- nient place or stream for mills, to be disposed of hereafter, as shall be thought proper, and also highways, if needed through each thirty-five acres.
3. Voted and adjourned this meeting to the 2nd Tuesday of January next, at 2 o'clock afternoon at this place. Test, SAM'L KEEP, Clerk."
At the time of the adjournment above mentioned, a meeting was held, and was further adjourned to the "third Tuesday of April next," at the same place. And the meeting held at that time was again adjourned to the third Tuesday of May following.
" SALISBURY the 3d Tuesday of May, A. D. 1767.
Then the proprietors of the township of Middlebury met at the dwelling house of Mr. John Evarts in Salisbury, according to adjournment. Opened the meeting and adjourned to the 2nd Tuesday of October next, at 2 o'clock afternoon, at the dwelling house of Doct. Joshua Porter, Esq., in said Salisbury.
Test, SAM'L KEEP, Proprietor's Clerk."
We have copied thus extensively the records of the proceedings of the original proprietors for the first five or six years, that our readers may be able to know, as far as we are able to tell them, what our predecessors did for the settlement of the town-how they did it and who were the agents employed. We have inserted verbatim the whole of their proceedings during this term, except the adjournment of a few meetings, when nothing else was done, and of these we have given an abstract. We have done this because no other records of these proceedings to this time are to be
152
HISTORY OF MIDDLEBURY.
found, and these are in a perishable paper book. which may be gone with the others before the next generation will have opportu- nity to see them. *
From the indisposition of the proprietors to remove so far into the wilderness, it is probable that few proceedings were had, and few efforts were made towards the settlement of the town from 1767 to 1773. It is probable also, that the decision of King George the Third, on the 20th day of July, 1764, placing the territory under the jurisdiction of New York, and the severe con- test with that State, which followed, also interrupted the settlement. The Revolutionary war, from 1775 to 1783, was also a total inter- ruption. But from a laborious examination of the records of deeds and surveys, we have been able to ascertain some further proceedings of the proprietors, and some additional facts connected with the history which will appear in the sequel.
* The records were kept in Salisbury, Connecticut, where the proprietors lived until the spring of 1783, when the owners of the lands, after the close of the Revolutionary war, began to take possession of them. All the records which remain, in addition to the above, are a dozen loose half sheets of paper, which once constituted a part of a book. On one page of these is a list of the numbers drawn to the several original rights in the second division, called the " first hundred acre division," or " home lots." These we have inserted in our diagram of that division. The remainder of the pages contain records of deeds and surveys of pitches, commencing September 1773, and ending February 1775, Some of the deeds recorded in this time were dated as early as 1763, but principally in 1773, about the time the proprietors first began to bestir themselves to take possession of the lands. During this time Oliver Evarts was proprietor's clerk. The only book of records to be found, which was kept after the business was removed to Middle- bury, is a book containing surveys of pitches made by the proprietors, and recorded from May 1783 to June 1793, by John Chipman, proprietor's clerk. In the same book are contained also surveys of highways laid out in April and July 1786, by committees of the proprietors. There was also recorded in the same book, Decem- ber 22, 1785, surveys of the several lots of the first hundred acre division, made by order of the proprietors in the summer of 1763, eighteen years before. The original surveys are not to be found. Some years after this George Chipman, Esq. was chosen cle. k of the proprietors. But no records are to be found of proceed_ ings under his administration ; and probably little was done, as the town had then been many years organized. The records which remain are now in the town clerk's office.
153
HISTORY OF MIDDLEBURY.
CHAPTER II.
RESULTS OF THE VOTES OF THE PROPRIETORS-PARTITION-TOWN PLOT-SECOND OR FIRST HUNDRED ACRE DIVISION-THIRD OR SECOND HUNDRED ACRE DIVISION-JOHN CHIPMAN'S AND OTHER SURVEYS-CHANGE OF TERRITORIAL LIMITS.
WE now proceed to state so far as we are able, the results of the proceedings of the proprietors, at their meetings. In the proceed- ings of the first meeting, reference is made to the time when "New Haven, Middlebury, Salisbury and Cornwall were jointly in com- pany." This co-operation undoubtedly had reference to the meas- ures adopted in procuring the charters. Most of the proprietors resided in the same neighborhood, and the towns chartered joined each other. Elias Reed, the agent for procuring the charter of Cornwall, resided also in Salisbury. The charters of all the towns are dated on two consecutive days; those of Salisbury and Middle- bury on the second of November, and those of New Haven and Cornwall on the third of the same month. The applicants for all the towns undoubtedly met together to consult respecting the meas- ures to be adopted, and assessed all the proprietors of each right to defray the joint expenses. The agents also went together to the governor of New Hampshire. Such a co-operation would of course reduce the expenses of each. The tax assessed at this meeting was intended to apply only to the delinquents. Besides, the first meet- ing of the proprietors of each town was appointed to be held about the same time, and probably in the same place.
Independent of the vote passed at this meeting, Mr. Atkinson had a claim to one right, but the charter did not locate it " adjoining Governor Wentworth's 500 acres."
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HISTORY OF MIDDLEBURY.
No movement seems to have been made to carry into effect the votes passed at the annual meeting in 1762, " to send Matthias Kelsey to lay out 50 acres to each right," and "to lay out one acre to each grantee." At the meeting held on the fourth Tuesday of March 1763, the vote "to lay out one acre to each right " was renewed, and a vote was passed " to raise a rate to defray the charge of laying out the first and second divisions," but no vote is recorded as being passed then or at any other time, to make a second divi- sion of 100 acres, or a "first 100 acre division." Whether such a vote failed to be passed through forgetfulness, or failed to be recor- ded through the neglect of the clerk, does not appear. But it seems to have been understood, that such a division was to be made ; and when made by the committee, appointed for that purpose, it was accepted by the meeting to which the report was made.
It appears, that no person accepted the proposition of the pro- prietors, made at their meeting in March 1765, to " give a sufficient bond to build a good saw mill within fifteen months," and in con- sideration thereof "to have any mill place he may choose," and " also fifty acres of land," and no such mill was built for the next nine years.
As little was accomplished, in pursuance of the vote, at the same meeting offering the proceeds of a tax of " 2s on each right to any man or men, who shall, the ensuing summer, clear a cart road on the east side of the creek." It does not appear that at any time the contemplated road was opened by any general concert of the towns, or inhabitants ; but the roads, through the several towns, were prob- ably built, as the necessities of the settlers required to open a com- munication to their lands. At what time roads were opened into Middlebury from the south is uncertain. The road from Arlington to Crown Point, at this time, it seems, was opened "10 or 12 miles beyond where No. 4 (Charlestown) road crosses Otter Creek ;"' which was probably as far as the foot of Sutherland's Falls. It is known that the road was built thus far some time before it was extended further. Obviously no road was opened further, when the first settlers came to Middlebury. From this point the creek was used in summer by rafts and canoes, and in the winter on the ice, and
155
HISTORY OF MIDDLEBURY.
cattle were driven through the woods on the borders of the creek. The same course of travel was preferred, to some extent, for some years after the trees were cut down for a road.
The proposition made at the meeting on the 7th of April 1766, granting "thirty-five acres" to "each proprietor, that shall repair to Middlebury and do duty agreeable to the directions of the charter," was also disregarded, unless the case of Col. John Chip- man hereafter mentioned is an exception. However that may be, he never obtained his thirty-five acres.
The second, or first hundred acre division was laid out in two tiers, the first or eastern at the foot of the mountain. It com- menced at what was then supposed to be the south line of New Haven. By a correction afterwards this line was removed about forty rods further north, forming a strip of that width between it and the north line of the " home lots," two miles long; which was called the " long lot," and was afterwards pitched with other un- divided lands. In the eastern tier was laid out thirty-nine lots, extending not quite to the north line of Salisbury ; numbered from No. 1, at the north regularly to the south. The second or west tier, adjoining the first, commenced with No. 40, at the north, and extended south to No, 66, which made the whole number of rights granted, except the governor's reservation. This tier of course did not extend so far south as the first, having only seventeen lots. Each lot contains one hundred acres, with allowance for highways. The length east and west is called a mile, but by the survey is 330 rods, and the width is fifty rods. The course of the east and west lines is from the north ten degrees west of south, and parallel with the east line of the town. The north and south lines run east and west, parallel with the north line of the town. Between Nos. 53 and 54, in the west tier, was reserved a space of the width of two lots, or one hundred rods, in which was laid out the first or one acre division ; the west line corresponding with the west line of the one hundred acre division, and extending east one hundred and twenty-four rods. This division is called the town plot, and has never been divided among the proprietors into one acre lots.
2
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HISTORY OF MIDDLEBURY.
The following diagram exhibits a plan of these divisions, with the numbers and original proprietors of the lots.
40 Matthew Baldwin.
i Ruluff White
41 Samuel Turner.
2 School Right.
42 Russell Hunt.
3 Jonathan Moore.
43 Oliver Evarts.
4 David Hide, Jr.
44 T. Atkinson.
5 Ebenezer Field, Jr.
45 Moses treed.
6 Elijah Skinner.
46 Bethel . ellick.
7 Rufus Marsh.
47 Thomas Chittenden.
8 Elkanah Paris.
48 John Abbott
9 Elias Reed
49 Glebe Right.
10 Propagation Right.
50 Hezekiah Camp, Jr.
11 John Seymour.
51 Jeremiah Howe.
12 John Benton.
52 Benjamin Paris.
13 Noah Waddams.
53 Moses Reed, Jr.
14 Jonathan Moore, Jr.
Town
| Glebe
15 Nathaniel Evarts.
Plot.
| 2d 100 a. div. |
16 Elisha Painter.
54 Minister's Right
17 Gideon Hurlbut.
55 Ebenezer Field.
18 John Evarts. 1
56 Samuel Skinner.
.19 Jehn Howe.
57 Elisha Sheldon.
20 Zacheriah Foss.
58 Noah Chittenden.
21 Nathaniel Flint. 1
59 Ebenezer Hanchet
| 22 M. H. Wentworth.
60 Samuel Towsley.
23 Deliverance Spalding,
61 Charles Brewster.
24 John Reed.
62 Samuel Moore
25 Thomas Chipman
63 Janna Meigs
1
26 Amos Hanchet
64 Datus Ensign.
27 John Baker.
65 Jonah Stoddar.
28 Benjamin Smalley.
66 .James Claghorn
29 David Owen.
30 Benjamin Everest.
31 John McQuivey.
32 John Strong
33 John Turner, Jr
34 Matthias Kelsey.
35 Nathaniel Skinner. Jr.
36 Daniel Morris
37 Samuel Keep.
38 John Evarts, Jr.
39 Matthew Bostwick.
South 10° West.
South 10° West.
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HISTORY OF MIDDLEBURY.
The following boundaries may explain the position of this division in its present relation to other lands. Munger street passes through No. 40, the first lot in the west tier, about one-third of a mile from the east and two-thirds of a mile from the west end. This road, inclining to the east passes across the northeast corner of No. 52, to the line between the tiers, and thence on that line to Darius Severance's. The saw-mill on Muddy Branch, owned by Nichols and Wheeler, is on the west end of No. 47, and the road formerly leading from this mill southwardly to the dwelling house of the late Philip Foot is on the west line of the west tier. The same road still running varies little from the same line until it reaches the Centre Turnpike. The road leading from the late dwelling house of Abner Evarts to the line of Salisbury is on the west line of the east tier, and the east line of the same tier passes through the village of East Middlebury; the building lots of David Olmstead and Kneeland Olmstead being on the east end of lot No. 36.
It seems, that at the time this division was made, the Middle- bury lands were not in very high estimation. Benjamin Smalley, who had been appointed collector of the "rate," assessed to " defray the charge of laying out the first and second divisions," sold in the summer following no less than twenty-four whole rights, on which the tax had not been paid, at from £2, 1s. to £1, 10s. each, and in his report stated, " that one hundred acres of each of the rights that hath been sold in the whole of this vendue, was put up first to be sold, as the lasy of the Province of New Hampshire directs, but none appearing to buy, the whole rights were sold at the prices set against each right."
The third, or " second hundred acre " division, authorized at the meeting held in March 1765, was never located by the com- mittee appointed for that purpose, or by any other committee or agents of the proprietors ; but each owner was authorized to locate his own lot by " pitching." Each proprietor accordingly surveyed his land in such manner and at such place as he chose. This practice made great confusion, and the absence of the records, con- taining the principal surveys of this division has made it difficult 4
1
158
HISTORY OF MIDDLEBURY.
to ascertain correctly the location of many of these lots. Many of the surveys commence at trees or other monuments, which have disappeared, and without any reference to permanent boundaries. Some of the lots are known by their numbers, and, for that reason have been supposed to be regularly laid out in the south part of the town. But the numbers do not seem to have any reference to the location of the lots, and, with few exceptions, are scattered irregu- larly over the town. The numbers were probably derived from the order of time in which the lots were surveyed. Only the earlier surveys are numbered, and none of the surveys, which we have discovered, contain the numbers, although some of them refer to the numbers of other lots, previously surveyed. We have, in our possession, belonging to Allen Foot, a plan of Daniel Foot's lands, made out, under his direction, by Col. Bott, of Bridport. By this it appears, that the earliest numbers of this division were attached to land belonging to Daniel Foot and his family, or adjoining such lands, and probably owned by him, and all in the neighborhood of the location he had fixed on for the centre of the town. Several of the lots lie west of and adjoining home lots owned by him, and all were probably laid out and numbered under his direction.
It seems, that the proprietors in 1772, probably by a general voto, authorized the owners of the rights to pitch two hundred acres together. There are numerous examples of this, as will be seen hereafter. The conditions, on which this authority was given we have not been able to ascertain; nor are we able to satisfy ourselves fully, whether these pitches were intended to embrace the second and third hundred acre divisions, or whether the vote of the proprietors authorized the owners to surrender their home lots, and pitch the first and second hundred acres together. It appears also by surveys on record, that John Chipman and Daniel Foot, and perhaps others, were authorized to surrender their home lots and pitch anew " in exchange for that was laid by the committee .? '
It has been our wish, as far as possible, to show who were the first settlers, and the lots on which they settled. For this purpose, and to supply the deficiency of the records of the proprietors' meetings, we have made an extensive and laborious search of their
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HISTORY OF MIDDLEBURY.
records of surveys and deeds, so far as we have found them, as well as the town records ; and for this purpose we copy below some of the more prominent surveys, and give abstracts of others. The numbers mentioned in the surveys are the numbers of the home lots belonging to the same rights.
JOHN CHIPMAN'S SURVEY.
" Laid out to John Chipman, two hundred acres of land lying in the southwest part of Middlebury, and on Middlebury River, beginning at a walnut tree, south side of a black ash swamp, the northeast corner of his lot, then east thirty-seven degrees south one hundred and sixty rods to a white-pine tree, then south thirty- seven degrees west two hundred rods to a white hazel staddle, then west thirty- seven degrees north one hundred and sixty rods to a walnut tree, then to the first mentioned bounds-being the original proprietor of the right of Elisha Painter, number 16. September 20th, 1778.
Surveyed by me, PHINEAS BROWN, Surveyor."
G. PAINTER'S SURVEY.
" Laid out to Gamaliel Painter, two hundred acres of land in Middlebury, Deliverance Spalding being the original proprietor of the lot No. 23. It buts and bounds as follows : beginning on his north line, about fifteen rods north of his house, at a large heap of stones on the ledge by the river, thence east thirty- seven degrees south fifty-six rods to a stake, then south thirty-seven degrees west one hundred and sixty rods to a red ash tree, thence west thirty-seven degrees north two hundred rods to a large maple, then north thirty-seven degrees east one hundred and sixty rods to a hard maple, then to the first mentioned bounds. September 23d, 1773.
Surveyed by me, PHINEAS BROWN, Surveyor."
BENJAMIN SMALLEY'S SURVEY.
" Laid out to Benjamin Smalley, two hundred acres of land, lying in the south west part of Middlebury, and on the mouth of Middlebury River, where it empties into the creek. Begins at a stake at the northwest corner of his lot on the creek ' then east twenty degrees south two hundred and seventeen rods to a walnut tree, John Chipman's northwest corner, then south thirty-seven degrees west two hundred and three rods to a walnut tree, the southwest corner of John Chipman's lot, then west thirty-seven degrees north one hundred and twenty-seven rods to the creek, thence on the creek to the first mentioned bounds. Russel Hunt being the original proprietor, lot No. 42. September 23, 1773.
Surveyed by me, PHINEAS BROWN, Surveyor."
At the time of these surveys, the owners were living on the lands, and Painter's survey refers to " his house " and his "north line,"
.
1
160
HISTORY OF MIDDLEBURY.
Chipman's to the "northwest corner of his lot," and Smalley's has the same reference. Probably they had previously run out lines for themselves to show the extent of their claims, or they might at first have pitched only one division, and afterwards had their lots re-surveyed to contain the two.
John Chipman also pitched a lot, on the 15th of August 1774, containing one hundred acres, lying south of the two hundred acres pitches of John Chipman and Benjamin Smalley, extending from Painter's 200 acre pitch on the east to the creek on the west, " laid in the third (second hundred acre) division, on the original right of Janna Meigs. This lot was afterwards purchased by his brother Thomas Chipman, and occupied by him as his home farm.
During the period, in which Phineas Brown was surveying the above mentioned two hundred acre lots, he surveyed also the two following in the same neighborhood. On the 22d of September 1773, " laid out to Thomas Skeel two hundred acres, lying in Mid- dlebury and on Middlebury River, beginning at the southwest cor- ner of his lot, at a maple staddle, then east 19º south 160 rods to a stake, then north 19º east 200 rods to a stake by the river, then west 19º north 160 rods to a stake, thence to the first bounds."
September 23d, 1773, " laid out to Eleazar Slasson 200 acres of land in the township of Middlebury, Nathaniel Flint being the original proprietor of lot No. 21. It buts and bounds as follows, beginning at a stake, the northwest corner of Thomas Skeel's lot, then east 19º south 160 rods to a stake, the southeast corner of said Slasson's, and the northeast corner of said Skeel's, then north 19º cast 96 rods to the home lots, then north 11º east on the home lots 107 rods to a witchhazle staddle, then west 19º north 150 rods to a large beech tree, then south 19° west 200 rods, then east 19° south four rods to the first mentioned bounds."
It will be perceived that the east line of the Skeel's lot from the south runs eight or nine degrees more to the east than the west line of the home lots, and thus approaches it, but does not reach it. The east line of the Slasson lot, lying north of it, running in the same direction soon reaches it, leaving a narrow wedge between these two pitches and the home lots. Nathaniel Evarts in October 1774,
161
HISTORY OF MIDDLEBURY.
located a hundred acre pitch on his original right, which embraces this strip. Joshua Hyde having purchased the Skeel's lot purchased also this wedge to bring his land to the home lots and the highway.
Joshua Hyde in 1774, pitched one hundred acres lying east of home lots 36 and 37, and on both sides of Middlebury River, on which the east part of the village of East Middlebury is situated. It embraces the principal water power and is called Hyde's Mill lot.
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