State papers of Vermont, v. 2, Part 26

Author: Vermont. Office of Secretary of State; Vermont. General Assembly
Publication date: 1918
Publisher: Montpelier : Published by The Secretary of State
Number of Pages: 870


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Joseph Beeman"


APPENDIX B


[COPY OF CHARTER OF ST. GEORGE]


GEORGE THE THIRD BY THE GRACE OF GOD OF GREAT BRITAIN FRANCE AND IRELAND KING DEFENDER OF THE FAITH


St. George


Province of New Hampshire


L. S. To all Persons to whom these Presents shall come GREETING-


KNOW YE that we of our special Grace, certain Knowledge and meer motion for the due encouragement of settling a new Plantation within our said Province by and with the advice of our trusty and well beloved Benning Wentworth Esq' our Governor & Commander in Chief of our said Province of New Hampshire in New England and of our Council of the said Province HAVE upon the Conditions and Reserva- tions hereinafter made given and granted And by these Presents for us our heirs and Successors do give and grant in equal Shares unto our loving Subjects . Inhabitants of our said Province of New Hampshire and our other Governments and to their heirs and Assigns forever whose names are entered on this Grant to be divided to and amongst them into Seventy equal Shares all that tract or parcel of Land situate lying and being within our said Province of New Hampshire containing by ad- measurement 23040 Acres Which tract is to contain six miles square and no more; out of which an Allowance is to be made for highways and unimproveable Lands by Rocks Ponds Mountains and Rivers one thousand and forty Acres free according to a Plan and Survey thereof made by our said Governor's order and returned into the Secretary's office and hereunto annexed Butted and bounded as follows vizt BE- GINNING at the Southeast Corner of Shelburne a Township this day granted being a Stake and Stones in the Northerly side Line of Hindsburgh and from thence running east six Miles to a stake and Stones Then turning off


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and running North six miles to a Stake and Stones Then turning off and running West six miles to the northeasterly corner of Shelburne aforest Then running South six miles by Shelburne aforesd to the Southeasterly Corner thereof the bound began at. And that the same be and hereby is incorporated into a Township by the name of ST. GEORGE And the In- habitants that do or shall hereafter inhabit the said Township are hereby declared to be enfranchised with and entitled to all and every the Priviledges and Immunities that other towns within our Province by Law exercise and enjoy: And further that the said Town as soon as there shall be fifty Families resident and settled thereon shall have the liberty of holding two fairs one of which shall be held on the and the other on the


which fairs are not to continue longer than the


annually-


respective


following the said


And that as soon as the said Town shall consist of fifty Families, a market may be opened and kept one or more days in each week as may be thought most advantageous to the inhabitants. Also that the first meeting for the Choice of Town officers agreeable to the Laws of our said Province shall be held on the third Wednesday in September next Which said meeting shall be notified by Mr Jesse Hallock who is hereby also appointed the Moderator of the said first meeting which he is to notify & govern agreeable to the Laws and Customs of our said Province And that the annual meeting for ever hereafter for the choice of such officers for the said Town shall be on the second Tuesday of March annually To HAVE AND TO HOLD the said Tract of Land as above ex- pressed together with all Priviledges and Appurtenances to them and their respective Heirs and Assigns for ever upon the following Condi- tions, vizt


I. That every Grantee his Heirs or Assigns shall plant and cul- tivate five Acres of Land within the term of five Years for every fifty Acres contained in his or their Share or Proportion of Land in said Town- ship and continue to improve and settle the same by additional Culti- vations, on penalty of the forfeiture of his Grant or Share in the said Township and of its reverting to us our Heirs and Successors to be by us or them regranted to such of our Subjects as shall effectually settle and cultivate the same.


II. That all white and other Pine Trees within the said Township fit for masting our royal Navy be carefully preserved for that use and none to be cut or felled without our special Licence for so doing first had and obtained upon the penalty of the Forfeiture of the right of such Grantee his Heirs and Assigns to us our Heirs and Successors as well as being subject to the Penalty of any Act or Acts of Parliament that now are or hereafter shall be enacted.


III. That before any Division of the Land be made to and among the Grantees a tract of Land as near the Centre of the said Township as the land will admit of shall be reserved and marked out for town Lots, one of which shall be allotted to each Grantee of the Contents of one Acre.


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IV. Yielding and paying therefore to us our heirs and Successors for the space of ten years to be computed from the date hereof the rent of one Ear of Indian Corn only on the twenty fifth day of December annually if lawfully demanded, the first Payment to be made on the twenty fifth day of December 1763.


V. Every Proprietor Settler or Inhabitant shall yield and pay unto us our heirs and successors yearly and every year forever from and after the expiration of ten years from the above said twenty fifth day of December namely on the twenty fifth day of December which will be in the year of our Lord 1773 one Shilling Proclamation money for every hundred Acres he so owns settles or posesses and so in proportion for a greater or lesser tract of the said Land Which money shall be paid by the respective persons above said their heirs or assigns in our Council Chamber in Portsmouth or to such officer or officers as shall be appointed to receive the same And this to be in lieu of all other rents and Services whatsoever.


IN TESTIMONY whereof we have caused the Seal of our said Province to be hereunto affixed. Witness Benning Wentworth Esq' our Governor and Commander in Chief of our said Province the 18th day of August in the Year of our Lord Christ one thousand seven hundred and sixty three and in the third Year of our Reign-B. WENTWORTH -By His Excellency's Command-with advice of Coun- cil-T Atkinson Jun' Secy .-


Province of New Hampshire August 18 1763 Recorded in the 3d Book of Charters Pages 22 & 23 pr. T. Atkinson Jun', Secry


Names of the Grantees of St. George vizt Isaac How, Jesse Hallock, Samuel Farmer, Christian Farmer, John Farmer, Christian Farmer Jun', Robert Farmer, Peter Farmer, Jeremiah Leming, Thomas Ellison Jun', William Ellison, Simon Ramson, Rem Remson, Isaac Sears, JesperDrake, Joseph Sacket, Joseph Sacket Doct Frances Sacket, William Butler, Isaac Underhill, Benjamin Underhill, Henry Franklin, Jonathan Court- land, Uriah Wolmon, Amos Underhill, Richard Willits, Samuel Willits, Jacob Watson, Benjamin Ferris, Daniel Prindle, Joshua Watson, Ben- jamin Seaman, Edmund Seaman, Richard Seaman, Richard Titus, Isaac Man, Isaac Man Jun', John Man, Thomas Man William Man, Ennes Graham, John Jeffreys, Peter Vanderwort, William Hayer, Magnes Garret, Robert Ling, John Dervieux Murphy, Edward Ferrol Murphy, John Dervieux Murphy Jun' Thomas Wright, Caleb Wright, John Wright, Timothy Witmore, Timothy Broundige, John Witmore, Benjamin Clap, Benjamin Clap Jun', Henry Clap Jun', Daniel Quinby, Jonathan Quinby, Jonathan Weeks, Hon ble John Temple Esq', Theodore Atkinson Esq', and Mark H. Wentworth Esq' and John Fisher Esq'- His Excellency Benning Wentworth Esq' a tract of Land to contain five hundred Acres as marked BW. in the plan which is to be accounted two of the within Shares .- One whole share for the incorporated Society for


APPENDIX


241


the propagation of the Gospel in foreign parts .- One whole share for a Glebe for the Church of England as by Law established .- One whole Share for the first settled Minister and one Share for the benefit of a School in said Town forever .-


Province of New Hampshire August 18th 1763 Recorded in the third Book of Charters Page 24 pr. T. Atkinson Jun', Secy


North 6 Miles.


West & Miles


St. George


Last 6 Miles


BW


South 6 Miles


South easterly Corner of Shelburne


Part of Handsburgh


Province of New Hampshire August 18th 1763 Recorded in the 3 Book of Charters Page (21) pr. T. Atkinson Jun' Secy.


State of Vermont Secry's. Office 5th Janry 1788


The preceding Charter, List of Grantees & Plan of St George are recorded in this Office at the request of the Proprietors of said Town & are true Copies of the originals.


Attest. Micah Townsend. Secry.


Note .- The foregoing copy of Charter of St. George is found recorded in Vol. III [Ms.] Vermont Charters, pp. 9-14.


242


APPENDIX


APPENDIX C


[LIEUT. ANDREW F. PHILLIPS GRANT AND MORTGAGE THEREOF]


Province of New Hampshire


GEORGE THE THIRD BY THE GRACE OF GOD OF GREAT BRITAIN. FRANCE & IRELAND, KING, DEFENDER OF THE FAITH Lieut. Andra. F. Phillips Grant


L. S. To all to whom these presents shall come, GREETING:


WHEREAS we have thought fit by our proclamation given at St. James the 7th day of Oct' in the 3d year of our Reign AD. 1763 amongst other things to testify our Royal sence & approbation of the conduct & bravery of the officers & soldiers of our armies and to signify our desire of rewarding the same & have therein commanded & impowered our several Governors of our respective provinces on the Continent of America to grant without fee or reward to such reduced officers as have served in North America during the late war & to such private soldiers as have been or shall be disbanded there & shall personally apply for such quantities of land respectively as in & by our aforesaid proclamation are particularly mentioned subject nevertheless to the same quit rents & conditions of cultivation & improvements that as other our lands are subject to in the province within which they are granted-And whereas Andrew Faneuil Phillips Gent" of Boston in the County of Suffolk and province of the Massachusetts Bay had an appointment under the hands & Seal of George Williamson Esq' Colonel and Commanding Officer of our Royal Train of Artillery in America to be conductor of our stores in our said train & serve during the late war in North America and is now reduced & having agreeable to our aforesaid proclamation personally solicited such grantt KNOW YE that we of our special grace, certain knowledge & mere motion do signify our approbation as aforesaid & for encourageing the settlement & cultivation of our land within our province of New Hampshire in New England, have and by and with the advice of our trusty & well beloved Benning Wentworth Esq' Governor & Commander in Chief of our said province of New Hampshire & of our Council of our said province agreeable to our aforesaid in part recited proclamation & upon the conditions & reservations herein after mentioned given & granted & by these presents for us our heirs & successors do give & grant unto the said Andrew Faneuil Phillips his heirs & assigns forever a certain tract of land containing two thousand acres lying & being within our said province of New Hampshire butted & bounded as follows viz BEGINNING at the Northeasterly corner bounds of a tract of land


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lately granted to Robert Rogers Esq' which tract is bounded on the Eastern side line of the township of Stamford in this province and from the said Northeasterly corner of said Rogers said grant to run due West by said Rogers Grant to the Easterly side line of Stamford aforesaid & from thence to carry the length of that line back due North so far as that a parrellel line will include two thousand acres of land-To HAVE & TO HOLD the said tract of land as above expressed to him the said Andrew Fanieuil Phillips & to his heirs & assigns forever upon the following conditions and reservations viz-Ist. That the said Andrew Faneuil Phillips his heirs or assigns shall plant & cultivate five acres of land within the term of five years for every fifty acres contained in this his grant & continue to improve & settle the same by additional cultivating on penalty of this forfeiture of this his grant and of its reverting to us our heirs & successors to be by us or them regranted to such of our subjects as shall effectually settle & cultivate the same-2ª That all white and other pine trees within said tract fit for masting our Royal Navy be carefully preserved for that use & none to be cut or felled without our special license for so doing first had & obtained upon the penalty & forfeiture of the right of the grantee his heirs and assigns to us our heirs & successors, as well as being subject to the penalty of any act or acts of parliament that now are or shall hereafter shall be enacted-


3ª Yeilding & paying therefore to us our heirs and successors for the . space of ten years to be computed from the date hereof the rent of one ear of Indian Corn only on the 25th day of December if annually de- manded-


4th The said grantee his heirs or assigns shall yield & pay unto us our heirs & successors yearly & every year forever from and after the ex- piration of ten years from the above said 25th day of December namely on the 25th day of December which will be in the year of our Lord 1774 one shilling proclamation money for every hundred acres he so owns settles or possesses & so in proportion for a greater or lesser tract of the said land which money shall be paid by the respective owner, settler or possessor as aforesaid in our Council Chamber in Portsmouth in the province aforesaid or to such officer or officers as shall be appointed to receive the same-And this to be in lieu of all other rents & services whatsoever-IN TESTIMONY whereof we have caused the seal of our said province to be hereunto affixed .- Witness Benning Wentworth Esq' our Gov' & Commander in Chief of our said province the 19th day of August in the year of our Lord Christ 1764 & in the 4th year of Our Reign- B WENTWORTH- By his Excellency's command with advice of Council T. Atkinson Jun' Secry.


Province of New Hampshire Augth 20th, 1764 Recorded according to the original Charter under the province seal pr. T. Atkinson Jun' Secry.


Province of New Hampshire Aug. 20, 1764 I do hereby acknowledge to have received a grant of two thousand acres of land as by the above


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pattent will appear in virtue of his Majesty's proclamation above re- ferred to-And I do hereby declare that I never have received any satisfaction of any of His Majesty's Governments before witness my hand


A. F. Phillips


August 20th 1764 Recorded from the bottom of the original grant signed by Andrew F. Phillips


Copy Exam'd. pr. Joseph Pearson Secy. attest T. Atkinson Jun' Secy.


State of Vermont Secy office March 23d 178[9]


Recorded at the request of the assigns of the grantee.


Attest Ros. Hopkins, Secy.


KNOW ALL MEN BY THESE PRESENTS that Andrew Faneuil Phillips of Boston in the County of Suffolk & province of Massachusetts Bay Gen -- for and in consideration of nine pounds Lawful money of Great Britain to me in hand before the delivery hereof well & truly paid by George Jaffrey Esq' of Portsmouth in the province of New Hampshire the receipt whereof I do hereby acknowledge have given granted bar- gained sold & by these presents do give, grant, bargain sell aliene enfeoff and confirm unto the said George Jaffrey his heirs & assigns forever all that Tract or parcel of land containing two thousand acres in the pro- vince of New Hampshire but not within the bounds of any township bounded as follows viz BEGINNING at the Northeasterly corner bounds of a tract of land lately granted to Robert Rogers Esq' which tract is bounded on the east side line of Stamford in New Hampshire and from the said Northeasterly corner of said Rogers said grant runs due West by said Rogers grant to the Easterly side line of Stamford aforesaid & from thence carrys the length of that line back due North so far as that a parrallel line will in- clude two thousand acres of land the same being granted to me by charter dated the IIth day of Augt 1764 duly executed & recorded-TO HAVE & TO HOLD the said granted premises with all the priviledges & appur- tenances to the same appertaining to him the said George Jaffrey his heirs & assigns to his & their only proper use & benefit forever-And the said A. F. Phillips for me my heirs Executors & adm do hereby covenant grant & agree to & with the said George Jaffrey his heirs & assigns that at & until the delivery hereof I am the lawful owner of the said premises am lawful[ly] seized & po[se]sed thereof in my own right in fee simple & have full power & lawful authority to grant & convey the same in manner aforesaid-that the said premises are free & clear of all & every incum- brance what[s]oever-And that I my heirs Executors & administrators shall & will warrant the same to the said George Jaffrey his heirs & assigns agt the lawful claims & demands of any person or persons whomsoever- PROVIDED nevertheless that if I the said Phillips my heirs Ex's or Adms shall well & truly pay or cause to be paid to the said George Jaffrey his Ex's Adms or assigns the full & just sum of forty four spanish milld dollars at or before the 31st day of Augt 1765 with Int. at the rate of ten per cent


245-46


APPENDIX


pr. annum till paid then the foregoing deed to be void & of none effect or else to remain in full force & virtue


IN WITNESS WHEREOF I have hereunto set my hand & seal the 31 st day of Aug. 1764 A. F. PHILLIPS (L. S.)


Signed Sealed & delivered in prescence of Mark Langdon, Samuel Frost Province of New Hampshire Aug. 31st 1764 then the above named A. F. Phillips personally appearing acknowledged this Instrument to be his free act & deed before me William Parker Just. Peace


Recorded by request March 23d 1789


attest Ros. Hopkins Secy.


Note .- The foregoing copy of Lieut. Andrew F. Phillips' Grant and mortgage thereof is recorded in Vol, III, [Ms.] Vermont Charters, pp. 15-18.


Notes HISTORICAL AND DESCRIPTIVE ORIGINALLY COMPILED BY HIRAM A. HUSE in 1895


1


Continued and Brought Up to Date


APPENDIX D


NOTES


HISTORICAL AND DESCRIPTIVE


ACTON .- About 5,045 acres of land in Windham County granted by Vermont, Feb. 23, 1782, to Moses Johnson & Company, thirty- three in number, ante p. 113. This tract was granted under the name of Johnson's Gore and it was so known until it was incorporated Nov. 6, 1800, as the township of Acton, which, however, was not by its incor- poration given representation in the General Assembly except that its freemen were given the right to assemble with those of Townshend in freemen's meeting in Townshend. In 1824, notwithstanding this attempted restriction, a representative was chosen from Acton, and again in 1825, and these representatives were admitted. In 1825 the act of incorporation was amended by repealing the section by the terms of which the freemen of Acton were to assemble with those of Townshend in freemen's meeting. In Oct, 1840, an act annexing Acton to Townshend was passed. This act, after acceptance by each town, went into effect Feb. 1, 1841.


Laws of Vermont, 1800, p. 29; 1840, p. 59; Thompson's History of Vermont, (Gazetteer), p. 1; ditto, edition of 1824, p. 45; Hemenway's Vermont Historical Gazetteer, 5:532; Governor and Council, 4:285; Deming's Vermont Officers, 1918, p. 71; State Papers Vt., 1:28.


See Warrenton, (New York grant), post.


ADDISON .- Town in Addison County, granted by New Hamp- shire Oct. 14, 1761, (State Papers N. H., 26:3). The first English fort on Vermont territory was built in this town at Chimney Point in 1690 by a party from Albany under Capt. Jacobus D'Narm. This fort was not permanently occupied. But the French made a settlement at Chimney Point in 1730 which continued until near the time of the New Hamp- shire grant of Addison. An agreement between the proprietors of Addi- son and those of Panton was ratified by act of Oct. 24, 1785, giving the proprietors of Panton the ownership of 8,000 acres in the north part of Addison, it proving that Addison, granted three years before Panton, lapped over lands first settled by Panton proprietors. Part annexed to Weybridge Oct. 22, 1804. Part annexed to Waltham Oct. 25, 1804. Legislation as to lines between Addison and Weybridge: Laws of 1856:78, survey to be made; 1859:148, establishing line; 1862:51, estab- lishing line.


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APPENDIX


The act of Oct. 24, 1785 is found in [ms.] Record of Acts and Laws of the State of Vermont in America, 1:509, and in [ms.] Vermont State Papers, Vol. 1; and is referred to in [Revised] Laws 1797, p. 145 of Appendix; Laws, 1804, pp. 7, 23; 1856, p. 78; 1859, p. 148; 1862, p. 51: Thompson's Gazetteer, p. 1; Hemenway's Vermont Historical Gazetteer, I-I; Child's Gazetteer of Addison County, p. 63; Coolidge and Mans- field's History and Description of New England, p. 731; Conant's Vermont, pp. 67, 72;Governor and Council; Deming's Vermont Officers 1918, p. 71; State Papers Vt. 1:28; Crockett's History of Vermont, 1921, I:222-4.


Gov. Dunmore of New York, March 13, 1771, granted a small tract in Addison to Adolphus Benzel, and May 30, 1771, granted 10,000 acres lying in Addison, to Sir John St. Clair. Vermont Hist. Soc. Col. I:155; Vol. I, Documentary Hist. of N. Y., map preceding Index.


AIKIN'S GORE .- About 930 acres in Windham County granted by Vermont Feb. 25, 1782, to Edward Aikin [later spelled Aiken], Nathaniel Brown, Peter Sylvester, Peter Sylvester 2d, William Aikin and Nathaniel B. Brown, and by the terms of the charter annexed to Londonderry which had been granted in 1781, ante p. 3. It forms the southwest part of Londonderry, and most, if not all, of this gore was included in the 26,000 acre grant made by New York, Aug. 9, 1770, called Virgin Hall.


Hemenway's Vermont Historical Gazetteer, Vol. 5, Part 3, under Londonderry; Governor and Council; State Papers Vt., I:28.


See Virgin Hall, (New York grant), post.


ALBANY .- Town in Orleans County. A grant was made June 27, 1781, by resolution of the General Assembly to Colonel Henry Emanuel Lutterloh and Major Thomas Cogswell and their associates to the number of sixty-five officers and soldiers then in the continental army, of a tract of land six miles square to be located and return made of the location to Ira Allen, Surveyor General, "to obtain a charter of in- corporation." The town was charted as Lutterloh, (sometimes written Lutterlock), June 26, 1782. Col. Antipas Gilman being one of the gran- tees, ante p. 128. Col. Henry Emanuel Lutterloh was a New York officer appointed Deputy Quarter-Master-General by General Wash- ington, June 30, 1777. Major Thomas Cogswell was a Massachusetts · officer, then of Haverhill, Mass., and afterwards of Gilmanton, N. H. Name of Lutterloh changed to Albany in 1815.


Laws of 1815, p. 1I; 1870, p. 570; Thompson's Gazetteer, p. 2;


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APPENDIX


ditto, edition of 1824, p. 46; Child's Gazetteer of Lamoille and Orleans Counties, p. 189; Coolidge and Mansfield's History of New England, p. 733; Hemenway's Vermont Historical Gazetteer, 3:46; Governor and Council, 8 vols .; [ms.] Chandler,-Atlas, p. 31; Land Records, p. 535; Deming's Vermont Officers, 1918, p. 72; State Papers Vt., I :28, 96.


ALBURGH .- Town in Grand Isle County granted by Vermont to Ira Allen and his sixty-four associates Feb. 23, 1781, ante p. 4. The name is said to be an abbreviation of Allenburgh or Allensburgh. A settlement was made within its bounds by the French in 1731 at Wind Mill Point. This settlement was made under a French grant to Francis Foucault, afterwards confirmed and renewed by the King of France. After the conquest of Canada this grant was confirmed by the King of Great Britain and the title passed from Foucault to Gen. Haldimand, from Haldimand to Henry Caldwell, and from Henry Caldwell to John Caldwell, all British subjects. The tract went, before it was known as Alburgh, successively under the names of Point Algonquin, Point Du Detour, Point Detouror, Turnabout, Missisco Leg, Missisco Tongue, and Caldwell's Upper Manor. Heman Allen acquired the Caldwell title and about 1820 endeavored to establish it in a United States Court but failed. Part of Alburgh was annexed to Highgate, Nov. 1, 1792.


Laws of Vermont, 1792, p. 26; Governor and Council, 3:222; 4, see index under Alburgh; also other of the 8 vols. of id. as indexed; and es- pecially map facing p. 430 of Vol. 8. Thompson's Gazetteer, p. 3; ditto, edition of 1824, P. 47; Hemenway's Vermont Historical Gazetteer 2:487; Child's Gazetteer of Franklin and Grand Isle Counties, p. 214; Coolidge and Mansfield's History of New England, p. 733; Deming's Vermont Officers, 1918, p. 73; State Papers Vt., 1:29.


ALBURGH GORE .- Referred to in Governor and Council, 4:352, 354, 358, and 428. Probably that part of Alburgh east of Missisquoi Bay which was annexed to Highgate Nov. 1, 1792. See Laws of 1806, p. II.


ANDERSON'S GORE .- About . 1730 acres of land in Windham County granted to James Anderson and nine others by resolution of the General Assembly, Feb. 27, 1782, which was read in Council Oct. 17, 1782; see Governor and Council, 3:8. The charter was not issued until Oct. 22, 1801, ante p. 6. By the terms of the charter the tract was made a part of the town of Windham.




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