USA > Vermont > Addison County > Middlebury > History of the town of Middlebury, in the county of Addison, Vermont > Part 14
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The following two hundred acre lots in the neighborhood of Mid- dlebury Falls, were surveyed by Phineas Brown, near the same time as those in the south part of the town.
September 28th, 1773. " Laid out to Joshua Hyde two hundred acres of land in the northwest part of Middlebury, Moses Reed being the original proprietor of the right, beginning at the southwest corner at a stake near a red ash tree marked, then east one hundred and sixty rods to a stake, then north two hundred rods to a stake near a beech tree marked, then west one hundred and sixty rods to a hemlock tree marked, then south two hundred rods to the first mentioned bounds."'
October 22, 1773. " Surveyed for Oliver Evarts, in the north- westerly part of Middlebury, two hundred acres of land, being the third division of said Evarts' original right (first 100 acre lot No. 43) beginning at a stake, which is the southeast corner of Joshua Hyde's lot, from thence running east 20 degrees south one hundred and sixty rods to a large hard maple tree, marked O. E. from thence running north 20 degrees east 200 rods to a witchhazle sapling, marked O. E. from thence running west 20 degrees north one hun- dred and sixty rods to a large white oak tree marked ; from thence south 20 degrees west 200 rods to the first mentioned bounds."
The location of the former of these lots was very important to our purpose, because the latter has one of its corners for a boun- dary, and the surveys of several other lots refer to it. The survey contains no permanent boundaries, and gives no intimation of its . locality, except that it was " in the northwest part of Middlebury." No record remains of a conveyance from Hyde to any other person; all who were alive at the time have gone to their graves ; and in the course of eighty years it has been so often divided and subdi-
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vided, that the present owners have no knowledge of the source from which their title is derived. But a very laborious examination of records has solved the mystery. Hyde's two hundred acre pitch lies directly north of the village, and includes the north part of it as far south as the house of Alanson Dustin, and the highway lead- ing from the Methodist chapel to Dr. Bass's. The southwest cor- ner was about twenty-three rods east of the creek, and it extends east over the highest part of the south point of ( hipman's Hill. The south part of it was for many years the home farm of Freeman Foot.
The Evarts survey lies east of Hyde's, the southwest corner of the former being the southeast corner of the latter. It embraced the farms on which Stephen Goodrich and Robert Huston settled.
In the year 1784 the Surveyor General re-surveyed the lines of the town, by which the south line of New Haven was moved about forty rods north of what had been recognized as the north line of Middlebury. At the same time the north line of Salisbury was moved north on to territory which had been supposed to be included in the limits of Middlebury, some of which had been laid out as such. Among the lands cut off by this change of the line, was 170 acres of the two hundred acre pitch of Judge Painter, including his house. In April, 1785,. the proprietors granted him " the privilege of re-pitching land in lieu of what was cut off by said line." In pursuance of this authority, the following pitch was made in May 1786: "Beginning at a cherry tree, which stands forty links from the bank of Otter Creek, thence east 5 chains and fifty links to a stake near a red ash tree marked, which is the south- west corner of a two hundred acre pitch laid out to Joshua Hyde, on the original right of Moses Reed, thence east on the south line of said pitch 26 chains and 50 links to a maple staddle, thence south 34 chains and 30 links to a hemlock tree, thence west 12 chains and 75 links to an elm staddle standing on the bank of Otter Creek, thence following down the creek, as that runs to the bounds begun at." This embraced the whole of the east side of the falls and was called the " Mill lot."'
In the same month Painter surveyed for Abisha Washburn fifty acres, of which he received a deed from Washburn soon after,
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bounded as follows : beginning at an elm tree standing on the bank of Otter Creek, the southwest corner of a fifty acre lot (the mill lot) "that was laid out to the said Gamaliel Painter, which contains the falls on Otter Creek, thence east 12 chains and 50 links to the south- east corner of the above mentioned lot, thence north 35 chains to the south line of a 200 acre pitch laid out to Joshua Hyde, thence east 13 chains and 50 links to the southeast corner of said pitch, and the southwest corner of a pitch surveyed to Oliver Evarts, thence south 37 chains to the southwest corner of a 50 acre lot, that Joseph Parker is in possession of, thence west 23 chains to a large hem- lock tree on the bank of Otter Creek, thence down the creek, as that runs to the bounds begun at." This adds a tract on the south side of the mill lot, extending to and embracing the present house lot of Horace Crane and the lot now occupied by the family of the late Gideon Carpender, who died November 22, 1858, and embraces a strip on the east of fifty-four rods wide. These two, making 100 acres, constituted the home farm of Judge Painter at the falls, and embrace the whole tract now covered by the village, on the east side of the creek, except what is included in the Hyde pitch above mentioned, and the Risley pitch, on the paper mill road, mentioned below.
In June 1785, Benjamin .Risley surveyed, among other lands, a lot of fifty-eight acres, embracing a strip of land between Hyde's 200 acre pitch on the east and the creek, and extending north from Painter's mill lot to Abisha Washburn's pitch, along the paper mill street. In addition to the lots north of the village, already mentioned, a two hundred acre lot was laid out to Samuel Bentley, Jun., next north of Hyde's pitch. Next north of this Joel Evarts pitched a second hundred acre lot. Between the Bentley and Evarts lots on the cast, Abisha Washburn had a fifty acre pitch, and north of these and south of the governor's lot, Risley had a hun- dred acre pitch, extending to the creek. North of all these is the governor's 500 acres, in the northwest corner of the town, the east . line of which is about the same as the east line of the highway from Harry Goodrich's to New Haven line. The southeast corner of the lot is the triangular piece, cut off from the main body by the roads, on which John A. Hammond resides.
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About the year 1783, the proprietors voted to grant a right to Col. Seth Warner of Bennington. This right, in July of that year, he deeded to his son, "for the love and good will I have to my son Israel Warner, of said Bennington," as he expresses the consideration ; and he describes the land as being voted to him by the proprietors " for services done by me in defence of their lands." The selection had been delayed until all the lands below the moun- tain had been taken up, and Col. Warner's son pitched his land on that part of the mountain, which has since been annexed to Ripton, and it is doubtful, whether much, if anything has been received from it, for the benefit of himself or family. The only survey was made in 1790, and is as follows :
" Surveyed for Israel Warner, one hundred and seventy-seven acres of land, on the adventurer's right of Seth Warner, in the town of Middlebury, as follows : Beginning at a beech tree marked, and the southwest corner of a lot laid out to Appleton Foot, thence west ten degrees south 177 rods to a stake, thence north ten degrees west 160 rods to a stake, thence east ten degrees north 177 rods to a birch tree, the northwest corner of Appleton Foot's lot, thence to the first bounds, con- taining one hundred and seventy-seven acres ."
We shall have occasion to refer to other lots as we proceed with the settlement of the town.
CHANGE OF TERRITORIAL LIMITS.
The following act was passed by the Legislature on the 25th day of October 1796, in pursuance of the vote of the town.
" An act annexing part of the town of Cornwall to Middlebury: It is hereby enacted by the General Assembly of the State of Vermont, that the northeasterly part of the town of Cornwall, in the County of Addison, hereinafter described, be, and the same is hereby annexed to the town of Middlebury, in said County, bounded as follows, viz : beginning at the southwest corner of said Middlebury, then running west so far that a north line will strike the west end of the long causeway, so-called, then on a straight line to the southeast corner of Ethan Andrus's farm, on which he now lives, thence on the east line of said farm to the northeast corner thereof, thence on a straight line to a large white-pine stump, from which was cut the shingle tree, so-called, thence north to the north line of said Cornwall, thence east on the north line of
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mid Cornwall to the westwardly side line of Middlebury, thence southerly on the westerly line of Middlebury to the first bounds ; and the inhabitants, who do or may hereafter inhabit the above described tract of land, shall, in common with all the other inhab- itants of said Middlebury, be entitled to all the privileges and immunities of said Middlebury."
We would in this connection suggest to the wealthy towns of Middlebury and Cornwall, that it might not be improper to substitute more permanent monuments, for the changing and decaying boundaries referred to in this act. Not many years hence the "long causeway " may be converted into a civilized carth road, so that the " west end " shall disappear. "The southeast corner " and the "east line of Ethan Andrus's farm, on which he now lives " may soon be lost to all living men, through the Yankee propensity to change often the titles and boundaries of their farms ; and even the stump of the " shingle tree," obstinate as pine roots are, has been already principally, if not wholly removed, through the decay which time has wrought, as well as the necessities of the poor for wood.
The Legislature, on the 11th day of November 1814, also enacted " That a tract of land on the east side of the mountain in Middle- bury, in the County of Addison, described as follows, to-wit : begin- ning at the southeast corner of said Middlebury, thence west on the south line of said town one mile, thence northerly to a stake in the north line of said Middlebury, one mile and a half from the north- cast corner of said Middlebury ; thence on said north line of said Middlebury, to the northeast corner thereof, thence to the first bounds, be and the same is hereby annexed to the town of Ripton, in said County, and the inhabitants that now do or hereafter may reside on said tract, shall be entitled to all the privileges and immunities with the other inhabitants of. said Ripton."
By another act passed on the 29th day of October 1829, the farm of Zebina Cushman, lying in Middlebury, and adjoining the west line of Ripton as established by the preceding act was annexed to the latter town .- In these changes Middlebury has lost something in the extent of its territory, but has gained much in value, by exchanging the mountain land on the cast for the fertile territory and the valuable water-power added from Cornwall on the west.
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CHAPTER III.
SETTLEMENT BEFORE THE WAR IN CHARTER LIMITS-BENJAMIN SMALLEY-GAMALIEL PAINTER-JOHN CHIPMAN AND OTHERS -- IN TERRITORY ANNEXED FROM CORNWALL - SURVEYS AND PITCHES-ASA BLODGET-THEOPHILUS ALLEN-THE BENTLEYS AND OTHERS-SETTLEMENT IN THIS TERRITORY AFTER THE WAR.
THE first settlements, designed to be permanent, were commenced in the spring of 1773. At that time the settlers in the State, under the New Hampshire title, had become so numerous, as to inspire them with confidence in their strength effectually to resist the claim- ants under the New York grants. Most of the towns south of this County had already been settled, or immigrants were fast passing into them. A few settlements had already been made on the French clearing on the lake shore in Addison, and in New Haven on the creek above the falls, and one or more families had taken possession . of lands, on the borders of the lake in Panton and Bridport. Gen. Wooster's claim to a tract of land in the north part of Addison, on the lake shore, had been effectually resisted, in the fall of the pre- vious year, by the claimants under the New Hampshire titles. The Scotch tenants of Colonel Reed, who had a grant, as a reduced or half pay officer, including the falls at Vergennes, had, early in that season, been expelled by Ethan Allen and his company of Green Mountain Boys; and all the active New York partizans were in a course of being subdued or rooted out, by the same force. No grants had been made by the governor of New York of lands within the limits of Middlebury, and there were no claimants under that
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title. * Thus the way was opened for the proprietors of Middle- bury to enter upon the possession of their lands.
Benjamin Smalley from Salisbury, Conn., and brother of the late Rev. Dr. Smalley of Berlin, in that State, was the first immi- grant, who brought his family into town. In the spring of 1773, he took possession and built the first log house in town, on his two hundred acre pitch, lying at the mouth of Middlebury River. John Chipman and Gamaliel Painter had been here to look out a place for settlement and make some preparation, and soon after returned with their families. Judge Painter's wife, being a sister of Col. Chipman, they joined forces in making preparations for living in their new abodes. They first built Painter's house, and perhaps had done so before their families came, and there they lived together until Chipman's house was completed. The first houses here, as in other new countries, were log cabins. There was no saw mill in this, or any of the neighboring towns ; and if they had had the means, they would not have wasted in building more expensive houses, the time needed for clearing their land for the crops, which were needed for their subsistence. Smalley's house was on the site of the frame house, which he afterwards built and occupied to the time of his death. Chipman's house was also near the place where he afterwards built his brick house ; and Painter's was north of and near the river, and east of the centre road leading south, and was thrown into Salisbury, by the re-survey of the town line.
John Chipman had, before this, in 1766, cleared on his lot seven or eight acres, which was the first clearing in Middlebury. In the
* Although no persons were here claiming lands under the New York title, sev- eral of the owners, under the New Hampshire charters seem to have been inclined to recognize the jurisdiction of New York. Daniel Foot, Benjamin Smalley, Thomas Skcels and perhaps others, in deeds given soon after the first settlement, describe their residence as in " Middlebury, in the County of Charlotte, and Province of New York." This seems to have been universal in Cornwall. Some deeds given about the same date say, " now the jurisdiction claimed by New York," or "re- puted to be in the Province of New York." But it is known on the other hand, that there were in the town, many strenuous and active opposers of that jurisdiction. Many of the first settlers were the neighbors and acquaintances of Ethan Allen, in Salisbury, Connecticut.
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spring of that year, he started, with fifteen other young men, for the purpose of looking up, and making preparation for, a settlement in the wilderness. Some of them were destined for that part of New Haven now included in Waltham, bordering on the creek above the falls at Vergennes; some for the lake shore in Panton, and some for the French clearing in Addison. Among the latter was David Vallance, who afterwards settled in that place on the farm recently owned by David Vallance Chambers, his grandson. Chipman and Vallance jointly hired a colored man, with the under- standing that he should work half the time for Vallance in Addison, and the other half for Chipman, in Middlebury. This company started from Salisbury, Conn., with a cart and oxen, which con- veyed their farming tools and other freight. According to Chip- man's account, as related by Dr. Merrill, they found no house north of Manchester. They made their way as they could, through the wilderness, cutting out their path, where there was not room between the trees for their team. They followed up the Battenkill to the headwaters of Otter Creek, which they followed down to the foot of Sutherland's Falls in Pittsford. Here they stopped long enough to make a canoe out of a large tree. They then fastened their cart to the stern of it, loaded their tools and provisions into it, with men enough to row it, while the rest with their oxen traveled through the woods on the bank. At Middle- bury they loaded their canoe into the cart, which was drawn by the oxen around the bend of the creek on the east bank, until they arrived at the foot of the lower falls in Weybridge. Here they transferred their canoe to the water and followed the creek to Vergennes.
At this time Chipman had no title to the land, on which he made his clearing, or probably any other in Middlebury. The deed by which he received his title to the land is dated January 14, 1773, only a short time before he commenced his settlement. It is probable that when he reached the mouth of Middlebury River he followed up that stream to a place which promised well for a settle- ment, and there pitched his tent.
These were the only families, which had located themselves in
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town the first year. Eleazar Slasson, the same year commenced & cloaring on his two hundred acre pitch, before mentioned, directly west of home lot No. 36, and built a cabin there. The same year James Owen commenced on a part of the same pitch, being a fifty acre lot, which he had before purchased of Slasson. Dr. Merrill says, " James Owen made a beginning but sold to Joshua Hyde." Hyde's deed from Owen is dated 26th June 1781, while both were in Salisbury during the war. Besides, Ilyde on his return in 1774, did not settle on any land, which Owen had owned, nor did he until after the war. Samuel Bentley made a beginning and put up & barn on his two hundred acre pitch, north of Hyde's pitch, and near the place where Eleazar Conant afterwards lived on the west side of Chipman's Hill. Jonathan Chipman the same year, com - menced a clearing on the second hundred acre lot on the right of his brother Thomas Chipman. This lot lies northeast of Col. Chip- man's pitch, and is the same afterwards owned and occupied by Freedom Loomis. Thomas Chipman, the original proprietor, soon after the date of the charter, and before the first meeting of the proprietors, deeded his whole right to his younger brother Jona- than, who attended the meetings and acted as proprietor.
In the year 1774, Robert Torrance moved his family into town, and commenced a settlement on the west end of home lot No. 33, in the place where he afterwards built a brick house, in which he re- sided until the time of his death. He owned also Nos. 31 and 32, lying next north.
The same year Bill Thayer settled on fifty acres of Slasson's 200 acre pitch, which he had before purchased, lying west of and adjoin- ing home lot No. 34.
Joshua Hyde, one of the earliest settlers, was born in Lebanon, Conn., where his family resided ; but when fourteen years of age, he went to live with his uncle, Dr. Joshua Porter in Salisbury, an original proprietor, and remained there until his manhood. In the year 1773, owning a lot of land in that part of New Haven, which has since been formed into the town of Waltham, on Otter Creek, near the falls in Vergennes, he worked on it and put in crops that season, A considerable tract of land in that neighbor-
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hood had been granted by the governor of New York to Col. Reed, & reduced or half pay officer of a Scotch regiment, for his services in the French war. Reed had before driven off the claimants under the New Hampshire title, and had put his own tenants in possession. These in their turn were driven off by a company of Green Moun- tain Boys under Ira Allen. In the summer of 1773, Col. Reed appeared again with a company of recent immigrants from Scotland. The result of the meeting was, that Reed's men went into posses- sion, and the New Hampshire claimants went out. Reed's story was that he paid the men for their crops, and they voluntarily quitted. However that may be, the Scotchmen were not long left in quiet possession, before Ethan Allen appeared with a more formid- able force, and effectually and finally banished them from the country. Reference is made to this subject more in detail in the history of Addison County. Mr. Hyde, for some reason, thought it not best to return there, and, after remaining a while in Middle- bury, went to Salisbury and spent the winter. Hyde, on his way south, met Ethan Allen and his company, on their way to the falls, to drive off Reed's men, and returned with them.
In the spring of 1774, he returned to Middlebury and commenced a settlement here. He was before the owner of some land in Mid- dlebury, and about the time of his settlement here, he purchased two whole rights, embracing home lots No. 36, which he afterwards cultivated as a part of his home farm, and No. 33, which he sold to Robert Torrance. He also purchased Skeel's 200 acre pitch. This lot lies west of and not far from the home lots. It was undoubtedly on this lot, that he first settled. The place described by Dr. Mer- rill is on this lot, and the remains of his house are still to be seen there.
William Hopkins this year commenced a clearing and built a cabin on the south part of Oliver Evarts' 200 acre pitch, east of the village, near the place, on which Dr. William Bass, in his life time lived.
Daniel Foot from Dalton, adjoining Pittsfield, Mass., which, in some of his deeds, he calls " Ashuelot Equivalent," owned at least four or five home lots and as many second hundred acre lots, in the
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same neighborhood. Among others he owned No. 5, on the right of Nathaniel Skinner, and No. 6, on the right of Samuel Skinner, both lying west of and adjoining the home lots. In 1774, he com- menced a settlement, and built a house on No. 5, southwest from where he finally settled. The remains of the foundation of this house are still to be seen.
Simeon Chandler from Arlington, in the year 1775, began a settlement on the west end of home lots Nos. 37 and 38.
Daniel Foot had deeded to Enoch Dewey of Pittsfield, who had married his daughter, lot No. 2, in the second hundred acre division, which lies directly west of home lot No. 63, which Mr. Dewey also owned. On the lot which his father-in-law deeded to him he commenced a clearing near where his son Stillman Dewey lived and died. Ile did not remove his family before the war, and died of the small pox in February, 1778, in the thirty-third year of his age, leaving two children, Stillman and Patty.
Joseph Plumley, from Salisbury, Conn., in the year 1775, began a settlement on a second hundred acre division on the right of Ebenezer Field. The lot was afterwards owned and for several years occupied by Billy Manning, then by John Simmons, Esq., and now by Reuben Wright. Plumley died soon after and left a widow and one daughter, to whom we shall refer in our account of the settlement after the war.
John Hinman, from Wallingford, the same year settled on a second hundred acre lot, east of lot No. 14 of the same division, in the place where William Carr, Jr., now resides.
In this year Samuel Bentley settled on his two hundred acre pitch, on which he had built a barn in 1773. About the same time James Bentley, his father, settled on the north part of the same pitch, where he was living in 1775.
Philip Foot, the eldest son of Daniel Foot, in 1775, came to Middlebury, a young man, and commenced a clearing on lot No. 7 in the second hundred acre division, lying west of and adjoining home lot No. 56, and north of No. 6, owned by his father. He also owned No. 8, next north of the other.
Eber Evarts, also a young man, and son of Nathaniel Evarts,
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an original proprietor, began a clearing this year, on a second hundred acre pitch on the right of his father, which is now owned and occupied by Col. Joel Boardman.
These, so far as we are able to learn, were the only persons who attempted a settlement in the charter limits of Middlebury before the war. And these had scarcely nestled in their new homes in the wilderness, and were anxiously looking forward to brighter scenes, wider fields and more abundant crops and comforts, when the desolations of war disturbed their repose, drove them from their cabins and terminated their anticipations.
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