USA > Vermont > Addison County > Middlebury > History of the town of Middlebury, in the county of Addison, Vermont > Part 23
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Hon. Daniel Chipman removed to Middlebury in 1794, and set- tled in the practice of law. He selected for his future residence a site on the southern point of the hill which bears his name, now
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owned and occupied by S. B. Rockwell Esq. It is generally es- teemed the most elegant location in the village. Here he purchased of Freeman Foot five acres, which before constituted a part of Foot's farm. He was then unmarried. After his marriage, he purchased the lot next north of William Young's lot, which Freeman Foot had before sold, and on which he had built a small house. The house Mr. Chipman fitted up for a residence, and it has since been owned and occupied successively by Mrs. Latimer, Calvin C. Waller and Edward D. Barber, and is now owned by Miss Lucy Merritt. In 1802 and 1803 he erected on the lot first selected for his residence his large house, in our estimation the most elegant building ever ereted in Middlebury. It was designed and partly built by Samuel D. Coe, an architect of fine taste, who died before its completion. While Mr. Chipman was attending the Legislature in the fall of 1818, this elegant mansion was wholly consumed by fire. He then removed his family into the three story building on the opposite side of the road, which he had previously erected for a law school.
Hon. Daniel Chipman, LL. D., was born in Salisbury, Conn., October 22, 1765. He was one of six sons of Samuel Chipman, then residing in that place. In 1775, the father removed with his sons to Tinmouth in Rutland County. Daniel there labored on his farm until November 1783, when he commenced his preparatory studies with his brother Nathaniel, who was then in the practice of law in Tinmouth. He entered Dartmouth College at the com- mencement in 1784. Notwithstanding the short time he spent in his preparatory studies, by his confirmed habit of industry and his en- ergy, he graduated in 1788, with a standing among the first in his class. He immediately commenced the study of law in the office of his brother Nathaniel, and in September 1790 was admitted to the bar, and opened an office in Rutland. He soon had an extensive practice, regularly attending all the courts in the counties of Rut- land, Bennington, Addison and Chittenden. In 1793, three years after he was licensed to practice law, he was chosen a delegate from Rutland to the convention held at Windsor, for amending the con- stitution. In the year 1794 he removed to Middlebury, still con- tinuing his practice in the counties above named. In 1790, he was
DanChipman
SPRING SIDE
RESIDENCE OF S. B. ROCKWELL, ESQ.
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married to Eleutheria Hedge, daughter of Rev. Lemuel IJedge, a min- ister of Warwick, Mass., and sister of the late Levi Hedge, professor in Harvard College, then residing with her mother in Windsor. In 1798 and two succeeding years, he represented Middlebury in the General Assembly, and in several other years previous to 1808. He was chosen that year a member of the council, under the old constitution, and was annually elected to that body for several years. He represented the town also in 1812, 1813 and 1814.
In 1813 he was elected speaker, and was distinguished for his promptness and decision. It was a time of high party excitement, the two political parties, Federal and Democratic, being nearly equal. The constitution provides, that "at the opening of the General As- sembly, there shall be a committee appointed out of the Council and and Assembly, who, after being duly sworn to the faithful performance of their trusts, shall proceed to sort and count the votes for governor and declare the person who has a major part of the votes to be gov- ernor for the year ensuing, and if there be no choice made, then the Council and General Assembly, by their joint ballots, shall make choice of a governor." Such committee had been appointed at this session, and some time in the evening, having completed the canvass, the Governor and Council came into the chamber of the House of Representative to hear the report of the canvassing committee, and agreeably to the uniform usage, on such occasions, the speaker re- signed his chair to the governor, who was appointed chairman. The canvassing committee reported that there was no choice of governor by the people, and thereupon the committee of the two houses ad- journed to an early hour the next day. On examination of the constitution the next morning, Mr. Chipman was satisfied that the report of the canvassing committee was conclusive; that the two houses had no power to canvass the votes, or to act on the subject otherwise than by a concurrent resolution to meet and elect a gov- ernor by their joint ballots. He therefore considered it would be highly improper, and indeed in violation of the constitution, for the House of Representatives to join the governor and council, to decide the question whether a governor had or had not been elected by the people. Having taken this view of the subject, he at once decided
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on the course to be pursued : that he would not resign the speak- er's chair to the governor, when he and the Council shall enter the House, but retain it and continue to preside, and preserve order in the House, leaving the governor to preside in the Council. Ac- cordingly, when the Governor and Council came in, he retained the speaker's chair, seating the Governor at his right. This was so un- expected, that there was profound silence for several minutes. At length a member of the House arose and addressed the chairman. The speaker called him to order, saying if he had a motion to make, he must address the speaker. Several other members made the same attempt, but were immediately put down by the speaker. A member of the council then addressed the chairman; upon which the governor, turning to the speaker, observed, "there seems to be great confusion." " There is indeed," said the speaker, "but your excellency may rest assured that the most perfect order will be pre- served in the House, over which I have the honor to preside." At length the Governor and Council, finding that the House of Repre- sentatives would not act with them, retired, and the two houses af- terwards met by concurrent resolution, and elected a governor by their joint ballots.
This incident in the life of Mr. Chipman, which produced some excitement at the time, we have copied from an account given by himself, not only because it is an illustration of his character, but because it is an event connected with the political history of the State.
In the year 1814, Mr. Chipman was again elected Speaker of the House, and the same year was elected a representative to Congress. He attended the first session, but, by reason of ill health, was unable to attend to his duties a great portion of the time, and, during the next session, was confined at home by sickness. The year following his health was so far restored, that he again resumed the practice of law, and in the years 1818 and 1821 represented the town in the legislature.
In the year 1822, he published an essay on contracts for specific articles. It was highly commended by Judge Story, Chancellor Kent and other eminent jurists, met with an extensive sale, and
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added much to his reputation as a lawyer and scholar. In the pro- face to this work, he urged the importance of having the decisions of the Supreme Court reported. At the next session of the legis- lature, in the year 1823, an act was passed providing for the ap- pointment of a reporter, and he was appointed to that office. Hay- ing published one volume of reports, ill health compelled him to resign it.
In the preface to this volume, he urged the importance of divid- ing the legislature into two branches, by constituting a Senate. The Council of Censors having recommended this among other amendments, a convention was called for the purpose of considering it. In the meantime Mr. Chipman had retired from public life, and invested considerable property, and built him a large house in a pleasant location in Ripton, and had fixed his residence in the re- freshing and salubrious atmosphere of that place. Such was his anxiety to have this amendment adopted, that he yielded to the so- licitations of his neighbors and accepted the appointment of dele- gate to the convention, held in Jauuaay 1836, from that town. Mr. Chipman took a conspicuous part in the able and animated debate on that subject, and the amendment was adopted by a small majority.
In 1846, Mr. Chipman published the life of his brother, " Hon. Nathaniel Chipman LL. D., formerly member of the United States Senate, and Chief Justice of the State of Vermont." He afterwards published several smaller works, "Memoirs of Col. Seth Warner " and " of Thomas Chittenden, first Governor of Vermont, with a history of the constitution during his administration," which are valuable publications.
In 1850, Mr. Chipman was elected delegate to the constitutional convention of that year, and there made his last appearance in any pulic capacity. The journey to Montpelier proved too much for his advanced age and feeble health. While in attendance upon the con- vention he was attacked with sickness, from which he never recov- ered. He reached his home in Ripton in a feeble condition, and died on the 23d of April 1850, in the cighty-fifth year of his age.
The preceding history furnishes probably sufficient information of the character and standing of Mr. Chipman. We doubt whether
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there is, or ever has been, another man so familiarly acquainted with the carly history and interests of the State. From childhood, he was in the company aud under the influence of his brother, Judge Chipman, with a discernment capable of comprehending and appreciating every measure adopted. His perception of truth was quick and discriminating. Ile was a plain man in his dress and address, but courteous in his manners. His addresses at the bar and in public assemblies, as well as in private conversation, were in eloquent from the power of his argument and the weight of his the opinions, rather than from any polished oratory. Mr. Chipman every position, was devoted to the interests of the town, and among the projectors and founders of our educational establishments. He was especially a liberal contributor and supportor of the college, and a member of its corporation from its beginning. In 1849 the corpo- ration of Middlebury College conferred on him the honorary degree of LL. D.
Mr. Chipman was by conviction an Episcopalian. But before an Episcopal Society was established here, he contributed liberally to the support of the Congregational Society, and for the erection of their church.
The reader will, we trust, excuse the introduction here, as illus- trating the character of Mr. Chipman, of a merely personal matter. When about his twenty-first birth-day, the writer closed, as penni- less as he commenced, two years of severe labor as tutor in college, which he wished to have counted as two years in the study of law, Mr. and Mrs. Chipman received him into their family, treated him as one of its members, and furnished a convenient room for the pros- ecution of his studies. On being admitted to the bar in 1804, Mr. Chipman received him into partnership, on equal terms in all the courts to which he was admitted. In this position he spent the only six years of his professional life.
Several lots, on the north side of Seminary Street, from Free- man Foot's farm, and sold by him before he sold it to Mr. Chipman, were settled at an early day. An acre lot next west of Mr. Chip- man's house lot was purchased by Nathaniel Bishop from Attle- borough Mass., on which James Sawyer had previously resided in a
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sinall house. The lot was afterwards divided into two lots, which have been successively owned by different persons. On the front of the east half stands the brick district school house. The west half, with that part of the east which lies back of the school house, is owned by Harry Langworthy, a merchant doing business in Nichols' building, at the south end of the bridge. In 1798, Bela Sawyer, for many years a carpenter in the village, purchased the lot now owned by Myron Langworthy, of the firm of J. M. Slade & Co. Sawyer built and resided in a one story house, to which Langworthy has added a second story. The lot between this and the Bishop lot was purchased by Col. Nathaniel Ripley from Windham, Conn. The let is now owned by Richard Cottrell, of Plattsburgh. Ripley built the present house, and resided in it many years. He afterwards resided for a few years on a farm in Weybridge, and afterwards in a house on the farm of his son, William Y. Ripley, in the south part of the town, and died there in 1842 at the age of eighty years. In 1798, James Sawyer, a joiner and carpenter, and father of Bela Sawyer, purchased an acre lot next west of Bela Sawyer's. On the west half, he built a small house and resided in it for several years. The cast half was sold by him to Abijah Hurd, who built a house on it, which was occu- pied for some years by his brother Hinman Hurd. The lot was for many years owned by Mr. Samuel B. Bent, who built the present house and other buildings .* Mr. Bent was from Rutland, Worces- ter County, Mass., and a manufacturer of cards. This business he prosecuted here until his death, adding from time to time new ma- chinery with late improvements. He died suddenly of enlargement of the heart, December 4, 1857, much respected as an honest, up- right citizen and exemplary christian, aged 73 years. The other half of this lot was for some years owned by Timothy C. Strong, a printer, who built the present house and resided in it. It has since been owned by Dr. Merrill in his lifetime, and occupied, as a residence for his family, by Mr. Z. Beckwith, who has long been known among us as a merchant. It is now owned by Dr. Hiram Meeker.
*Mr. Harry Langworthy has recently purchased this house and fitted it up for his own residence.
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After Mr. Chipman became the owner of the Foot farm, the lots now occupied by Dea. Elmer, Mr. Ansel D. Stearns the painter, and Mr. Garner, on the New Haven road, were early purchased and have been since occupied by different families. Until the year 1814, the land between Dea. Elmer's and the Methodist Chapel lot, was a smooth meadow, where we have seen a general training. In that year, Mr. Chipman opened a road through the vacant lot and offered building lots for sale. The writer of this history purchased the north half, and that year and the following he erected his present dwelling house. And here, in 1817, he commenced the interesting business of housekeeping, with his own family, and here he hopes to end it, when death shall remove him from his earthly relations.
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CHAPTER XI.
O. BREWSTER-ASA FRANCIS-J. FULLER-H. BELL-L. CASE- P. DAVIS-J. HENSHAW-L. HOOKER-W. SLADE-E. HAWLEY -CAPT. YOUNG-D. DICKERSON-D. PAGE-G. PAINTER.
We proceed now to further settlements under purchases from Judge Painter. In 1795, Oliver Brewster, a tailor, purchased the lot next north of Festus Hill's, on which he built the present house and resided in it until he left the state. Capt. Jonathan M. Young became the owner of the lot in 1805, and resided on it many years. When he came to this place in 1804, he engaged in the mercantile business with Adonijah Schuyler, under the firm of Young and Schuyler. He was afterwards owner of the Appleton Foot grist mill, deputy sheriff of the county and constable of the town. At the commencement of the war of 1812, he received a commission of lieutenant in the regular service. He died in March, 1854. at the age of eighty-two.
In 1835, Asa Francis, Esq., formerly from Hartford, Conn., pur- chased this lot, and occupied it for the residence of his family, until within a few years he removed to the house next north of Dr. Lab- aree's, where he still resides. He had been extensively and suc- cessfully engaged in mercantile business. He some years since re- tired from it, and established his son, Parkhurst Francis, in the same business, first in Middlebury and since in Illinois. The lot which he left is now owned by James Negus, in business as a mer- chant tailor.
In 1795, Capt. Josiah Fuller purchased the lot, now occupied by the family of William Morton, * on the west side of Pleasant street, and running to the creek, on which he built a small house, and os-
*Mr Morton died April 20, 1856. aged. 65 years.
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tablished his tannery on the bank of the creek. Fuller the next year purchased the lot on the opposite side of the street, next north of Oliver Brewster's. On this lot, in 1801, he built the present house. It is now -- greatly remodeled and repaired-the residence of Rev. Benjamin Labarec, D. D., president of the college. It was also the residence of Rev. Joshua Bates, D. D., while in that office.
Philip Davis from Rockingham, also a tanner, in 1806 purchased both these lots, established a tannery and built the present house on the creek lot, and resided in it several years.
Thomas Archibald, in 1796, bought the lot next south of Fuller's creek lot, and built the present house. It was the first residence of the family of Hon. Peter Starr, and is now the residence of Mr. David Piper, a carpenter and joiner.
The lot in possession of Mrs. Bell, widow of the late Harvey Bell, Esq., was first purchased by President Atwater, and by him sold in 1808 to Dr. Edward Tudor. . There was then a small shanty on the lot. But the house now standing on it was built by Dr. Tudor, and occupied by him with his family for many years. He afterwards removed to the house, where he resided until the time of his death, next north of the Catholic church. The house left by Dr. Tudor was purchased by Mr. Bell in 1818, and was the resi- dence of his family until his death in 1848, at the age of fifty-sev- en years, and is still the residence of his family.
Harvey Bell, Esq. was the son of Harvey Bell, mentioned else- where. He was graduated at Middlebury College in 1809, studied law, in part with John Simmons, Esq., his brother-in-law, and partly at the law school in Litchfield Conn., and was licensed in 1812. He commenced practice in partnership with Mr. Simmons, but con- tinued it afterwards separately as an attorney and advocate. In the later years of his life he was the editor and publisher of the Ver- mont Galaxy. He was one of the first members elected to the state senate in 1836, after the establishment of that branch of the legis- lature, by the amendment of the constitution of that year. He was also a member in 1837, and was among the prominent members of that body. He was Secretary of the Corporation of Middlebury
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College from 1826 to 1843, and was always prompt in aiding and supporting that and our other educational institutions. He was also a liberal supporter of religious institutions, and was a member of the Congregational Church from 1835.
Joshua Henshaw first settled, as before stated, on the farm now owned by Silas Piper and his son. In the year 1800 he purchased the lot, now constituting the rail road depot grounds, and built the large house standing there. To this he removed his family and re- sided in it until he removed to Canada. The house has since been the residence successively of Professor Hall, Professor Fowler and Joseph Warner, Esq., and is now occupied by Professor Robbins.
Levi Hooker came to Middlebury about the year 1801, with a large stock of merchandize, and in 1803 purchased the lot, now the residence of Asa Francis, Esq., on Pleasant Street, and for many years previously occupied by Cyrus Birge, Esq., and built there the present house. He also built successively three stores on the ground on which the four stores of Jason Davenport stand. The three up- per stores Mr. Davenport built since the construction of the rail road, which altered the position of the ground, and raised the trav- elled way above the foundation of the former buildings. Mr. Ilook- er was largely engaged in the mercantile business for a few years, and afterwards occupied himself with various other pursuits, and removed many years ago to the State of New York. Mr. Birge, mentioned above, was also for several years in the successful prosecution of the mercantile business. He resides now in the city of Washington.
Loyal Case, Esq., in 1803, purchased the lot next south of Pain- ter's house lot, now belonging to the estate of Austin Johnson, and occupied by Rev. James T. IIyde. He built the present dwelling house, and resided in it until his death. Mr. Case had been ad- mitted to the practice of law in September, 1797. He had studied law with Hon. Daniel Chipman, and after his license, entered into partnership with that gentleman. In 1804 the partnership was dis- solved, and he continued the practice separately. From that time until his death, he was annually appointed State's Attorney for the county. He was a man of ardent temperament, and of a kind, be- nevolent disposition, easily kindled at every appearance of injustice
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or oppression, and at this day would have been a prominent reformer. He became a very ardent and popular advocate, and was increasing in popularity. Hon. Horatio Seymour related to us the following characteristic anecdote. A fugitive slave was overtaken and arrest- ed at Shoreham, and a time appointed for the trial. Mr. Seymour was employed as counsel for the owner, and Mr. Case for the fugi- tive. They started together on horseback for the place of trial. Case remonstrated with his companion, who was also his brother-in- law, against his engaging in so unrighteous a business as defending slavery. Mr. Seymour justified himself with the argument, that it was his duty to vindicate the legal rights of all persons, and see that the laws were duly executed. This did not satisfy Mr. Case, who continued his remonstrance, advised him to return, and assured him that if he went on such an errand, some judgment would come upon him from Heaven. While passing through Cornwall, Mr. Seymour was seized with a violent cholic, which was so painful as to arrest his progress, and force him to stop and return without attending the court.
The career of Mr. Case was suddenly arrested, on the 13th of October, 1808, by his death at the age of thirty two.
Cyrus Brewster, at an early day settled on the lot, between Mrs. Simmons' house lot, and the Stewart lot, and in 1803 it was pur- chased by Joseph Dorrance, a hatter, who built the present dwelling house. The lot was owned by, and was the residence of, the late Hon. William Slade, and is now occupied by his widow.
Hon. William Slade, whom we have thus incidentally mentioned, has passed from among the living, since this work was written; but we deem it improper to send it to the press without some further notice of him, as among our distinguished citizens. He was the son of William Slade, Esq., of Cornwall, who was sheriff of the county for ten successive years, from 1801 to 1810; and was born at Cornwall, May 9, 1786. He was graduated at Middlebury Col- lege in 1807, having maintained a prominent standing in his class, and immediately entered upon the study of law in the office of Judge Doolittle. He was admitted to practice at the August term of the County Court in 1810, and immediately opened an office in this vil-
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William Stade
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lage. IIe continuetl to practice with increasing reputation, especially as an advocate, until 1814.
As a politician Mr. Slade was of the school of Jefferson and Mad- ison. In consequence of the measures, adopted by these adminis- trations, in resistance of the encroachments of the British and French nations, who were engaged in an exterminating war, and followed by our own war in 1812, party politics raged to an extent never since known. A majority of the people of this state had given in their adhesion to the Democratic party, at the commencement of Mr. Jef- ferson's administration. But the parties were so nearly equal, that the Federalists obtained the ascendency for two years, during the war. The struggle between the parties was arduous and exciting. Mr. Slade entered with his whole soul into the conflict, and became an active and influential partisan. He addressed with zeal and ef- fect all political assemblages, and wrote much, in enforcing and vin- dicating his political views. On account of his popularity as a wri- ter and public speaker, he became an acknowledged leader. The Democratic party, in the fall of 1813, had established a paper, called the Columbian Patriot ; but the editor who had been employed not proving satisfactory, he was dismissed; and Mr. Slade, early in 1814, gave up his profession and became the editor,-a business which was congenial to his talents and temperament. He also es- tablished an extensive book store and printing office, and published several books. This business did not prove successful, and was con- tinued only two or three years. But he occupied so prominent a position in his party, that his friends were ready to give him any office which might be vacant. Accordingly he was elected Secretary of State, successively from 1815 to 1822; Assistant Judge of Ad- dison County Court, from 1816 to 1821; Clerk of the Supreme Court for the county from 1819 to 1823. After the failure of his printing and publishing business, the offices, which he held at home in 1823, did not satisfy his pecuniary wants, and he took the office of clerk in the Department of State at Washington in 1824. Af- ter the disorganization of the political parties, at the close of the war and during the administration of Mr, Monroe, and when the election of a successor approached, towards the close of his admin-
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