USA > Vermont > Windsor County > Windsor > The birthplace of Vermont; a history of Windsor to 1781 > Part 17
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COLONEL STONE MAKES UP WITH NEW YORK 193
ing of the Windsor Townsmen left a record in the year 1771 showing the authorization of Colonel Stone to resume relations with New York. We do find, however, in the first book of Windsor Deeds, at page 303, a remarkable power of attorney executed on December 30, 1771, by twenty-four Windsor in- habitants in favor of Colonel Stone and authorizing the latter to petition in his own name or in the name or names of any- body else for a new grant of the township of Windsor from the Province of New York. Not the least striking feature of this power of attorney is the circumstance that any of the people of Windsor should have thought it expedient to des- ignate as their agent to treat with New York the very man who in the year previous had been the leader of a rebellion against New York's authority. Despite this seeming disquali- fication, the considerations which doubtless weighed most with Colonel Stone's constituents were that he had been to New York before and knew the way, that he could address men of position without stage fright or appearing a boor, that he had some brains and could read and write, that his penmanship suggested that of an educated gentleman and that he possessed whatever veneer of quality was supposed to go with the rank of a militia colonel and membership in the Church of England. The events proved that the people of Windsor selected their delegate wisely.
The fact that exactly twenty-four persons signed the power of attorney was probably not accidental. It was known that the township of Windsor contained something over twenty- four thousand acres, and it was also known that the New York authorities professed themselves unwilling to allow more than one thousand acres to each proprietor in a township. Colonel Stone and the twenty-four signers constituted twenty-five available grantees. The names of the signers were as follows: Zedekiah Stone, Andrew Norton, Solomon Emmons, Samuel Stone, Abel Stafford, Ebenezer Davis, Isabel Patrick, David Stone, Joseph Woodruff, Elnathan Strong, Benjamin Bishop, William Smead, Levi Stevens, Caleb Benjamin, Ebenezer Howard, Samuel Seers, Peter Leavens, Nathaniel Atkins, Jon- athan Burke, Jeremiah Bishop, Samuel Patrick, Enoch Judd, Thomas Phelps, Jr., and John Benjamin.
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The omission of the names of Steel Smith, Israel Curtis, Thomas Cooper, Joab Hoisington, and Joel Stone from the list of signers might, at first blush, be accounted for by the fact that they had signed a deed on October 9, 1766, conveying all their lands to Nathan Stone. This, however, was equally true of Zedekiah, Samuel, and David Stone who joined in the power of attorney. No member of the Dean family, neither of the Waits, nor Ebenezer Curtis, Elisha Hawley, Ebenezer Hoisington, or Hezekiah Thomson signed either the deed or the power of attorney. The names of several other Windsor residents appear in neither paper. It is quite possible that there was a division of sentiment in the town as to the propriety of again making overtures to the New York government since we have already noted the remark of Thomas Chandler of Ches- ter to the effect that "there is two parties" in Windsor. It is not likely that the omission of the names of the Deans was due to partiality for New Hampshire. Their failure to allow their names to appear is more naturally attributable to the fact that they had been convicted of trespassing on the King's timber and that a committee of the New York Provincial Council had intimated that such conviction might well debar them from a right to receive the benefit of a confirmation charter. That Colonel Stone may have obtained in his own favor other deeds or powers of attorney that were never spread upon the Windsor records is not at all improbable.
Armed with his power of attorney of December 30, 1771, the deed of October 9, 1766 and perhaps with other papers, Colonel Nathan Stone visited the city of New York in the month of January, 1772. Here he enlisted the services of one William Swan, a New York schoolmaster who was similarly engaged with other applicants for confirmation charters and whose name had been proposed as one of the dummy grantees in connection with Windsor's earlier application for a charter. Colonel Stone found at New York a new administration. The Earl of Dunmore had been transferred to the post of governor of Virginia and had been succeeded at New York by William Tryon, lately governor of North Carolina. The latter had reached New York on July 7, 1771 and had assumed office on the following day. With the exception of Lieutenant-Governor Cadwallader Colden, Governor Tryon was the most business-
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like and efficient head that the Province of New York had had in many years. Colonel Stone found him entirely ready to talk business.
Colonel Stone at once learned that the New York govern- ment while feeling no compunction against making a re-grant of Windsor township would insist either on payment of the charter fees in advance or else such security for the fees as would certainly result in their prompt payment. The latter alternative was, of course, the only one practically available but could be taken only by creating a substantial incumbrance on the lands of the township.
The usual method of effecting such security in all similar cases consisted in re-granting the townships not to the inhabi- tants or those holding New Hampshire titles, but to one or two of the inhabitants on the particular grant and a score or more of New York City residents with the understanding and expectation that the latter should retain their respective inter- ests until the fees had been raised and paid. Such an arrange- ment commonly resulted in finding some person or persons of means who had an inclination to speculate in lands on the Grants and who would agree to pay the amount of the New York charter fees for an interest in the township. When this was arranged the New York dummies who were named in the New York charter would sign a deed conveying all their interest to the one or two actual residents in the township who were named in the New York charter, the latter would sign a deed for a certain number of acres in favor of the capitalist or in- vestor, the capitalist or investor would pay the fees to the proper officers of the New York Government and the two deeds would be delivered. The actual resident or residents would then distribute the remaining lands to the inhabitants. With this explanation, which is merely a detailed repetition of the procedure already sketched in connection with the previous application of 1765, the reader will understand the following petition of Colonel Nathan Stone and the list of strangely named associates which he presented to the governor of the Province of New York:
"To his Excellency William Tryon Esquire Cap- tain General and Governor in Chief in and
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THE BIRTHPLACE OF VERMONT
over the Province of New York and the Ter- ritories depending thereon in America, Chan- cellor and Vice Admiral of the same.
IN COUNCIL
"The Humble Petition of Nathan Stone and William Swan in behalf of themselves and their Associates whose Names are inserted in the Schedule hereunto Subjoined
"HUMBLY SHEWETH.
"That your Petitioners and twenty three other Persons who were Associated with them, did upon their Petition unto his late Excellency Sir Henry Moore Baronet deceased, then Captain General and Governor in Chief of this Province, in the year of our Lord 1765, Obtain an Order of his said Late Ex- cellency in Council, for Granting unto them a Certain Tract or Parcel of Land situate lying and being in the County of Cumberland within the Province of New York, on the West side of Connecticut River, as by the said Order and the War- rant of Survey issued pursuant thereto, may more fully and at large appear.
"That in virtue of the said Warrant of Survey, the Lands before mentioned were Surveyed for your Petitioners and their said Associates, as by the Return of such Survey remaining in the Secretary's Office may also appear.
"That since the proceedings before mentioned the several Parties who were so Associated with your Petitioners, Save Mary Stone the Wife of your Petitioner Nathan Stone, have relinquished all their Right Title and Interest of in and to the said Lands, as by the Instruments in writing herewith presented unto your Excellency will appear.
"That your Petitioners and the Persons named in the Schedule aforesaid, being the only Persons interested in the said Lands, are desirous of suing out his Majesty's Letters Patent for the same.
"Your Petitioners therefore most humbly pray that the Letters Patent heretofore directed to issue, may pass in the Names of your Petitioners and their Associates mentioned in
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the said Schedule, under the Quit Rent, Provisoes, Limitations and Restrictions prescribed by his Majesty's Instructions. "New York 29th January 1772.
And your Petitioners shall ever pray &c Nath". Stone for himself the other Peti- tioners and their Asso- ciates."
"Schedule referred to by the aforegoing Petition
Waldron Blaau John Abeel William Puntine Michael Nan
Edward Patten Andries Riegler George Klein Henry Tiers
John McGinniss Richard McGinniss
Thomas Lupton
Duncan Robertson
Robert McGinniss
Patrick Walsh James Abeel
Samuel Stevens John Pesinger George Lucam
Edward McCollom
Francis Groome
Adam Van Denbergh Junr. Marinus Low
James Cobham"
The petition and schedule bear the following endorsement: "29th January 1772 Petition of Nathan Stone and William Swan in behalf of themselves and their Associates.
Recd 29b Jany 1772
1772 January 29 Read in Council and granted reserving the public shares and giving the usual securities."
Of the language of this petition, the original of which may be found in the Secretary of State's office in Albany in volume XXX of Land Papers at page 100, there is little to be said save that it was something of a stretch of the truth to allege
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THE BIRTHPLACE OF VERMONT
that the petitioners were all the persons "interested in the said lands" although the township of Windsor was not men- tioned by name or described by bounds or by other definite location. Still, the petition was doubtless in the form prescribed by the officers of the New York Government and, as the en- dorsements show, was favorably received. The earlier survey, however, was not deemed sufficient and a new one, definitely setting out the "public rights" and the Benning Wentworth reservation, had to be obtained. The return of this new survey, accompanied by a rough map, is to be found at page 17 in volume XXXI of the Land Papers in the office of the Secretary of State at Albany and reads as follows:
"Pursuant to a Warrant from his late Excellency Sir Henry Moore Baronet Then Captain General and Governor in Chief in and over the Province of New York and the Territories depending thereon in America Chan- cellor and vice Admiral of the Same bearing Date the twenty Ninth day of May 1766.
"SURVEY'D for Zedekiah Stone and his Associates ALL THAT Certain Tract of Land known by the Name of WIND- SOR Situate, lying and being, on the west Side of Connecticut River in the County of Cumberland within the Province of New York BEGINNING on the West bank of the said River at the Distance of five hundrd and Six Chains and twenty links South, from the South bounds of a Tract of Land known by the Name of Hertford and this Tract runs from the said place of Beginning North Seventy four degrees West four hundred and Eighty Chains. Then North Six degrees East four hundred and Ninety four Chains. Then South Seventy four degrees East along the Said South bounds of Hertford to Connecticut River. Then down along the West bank of the said River as it winds and turns to the place where this Tract Began Containing twenty four thousand and five hundred Acres of Land and the Usual Allowance for Highways Including the five Lots herein after described, and Containing Exclusive
COLONEL STONE MAKES UP WITH NEW YORK 199
of the Said five Lots Twenty three thousand Acres of Land and the Usual Allowance for Highways The First Lot which is to remain Vested in the Crown Begins on the West Bank of Connecticut River at the Southeast Corner of the above Mentioned Larger Tract of which this first Lot is a part and runs thence along the South bound of the said Larger Tract North Seventy four degrees West One hundred and thirty Six Chains Then North Sixteen degrees East Forty Chains. Then South Seventy four degrees East to Connecticut River, and Then down the West Bank of the said River as it winds and Turns to the place where this Lot Began Containing five hun- dred Acres of Land and the usual Allowance for Highways. THE SECOND Lot for the use of the Incorporated Society for the Propagation of the Gospel in Foreign Parts Begins in the South bounds of the above mentioned Larger Tract at the South west Corner of the First Lot and runs thence along the said South bounds North Seventy four degrees West Seventy Nine Chains Then North Sixteen degrees East, forty Chains. Then South Seventy four degrees East Seventy Nine Chains to the first Lot and then along the West bounds of the said first Lot South Sixteen degrees West forty Chains to the place where this Second Lot Began Containing Three Hundred Acres of Land and the usual Allowance for Highways. THE THIRD Lot for a Glebe for the use of the Minister of the Gos- pel in Communion of the Church of England as by Law Estab- lished for the time being residing on the above mentioned Larger Tract. Begins in the South bounds of the said Larger Tract, at the Southwest Corner of the Second Lot and runs thence along the said South bounds North Seventy four de- grees West Seventy Chains. Then North Sixteen degrees East forty five Chains. Then South Seventy four degrees East Seventy Chains to the fourth Lot, and Then along part of the west bounds of the said fourth Lot and the West bounds of the Second Lot South Sixteen degrees West forty five Chains to the place where this Third Lot Began Containing three hundred Acres of Land and the usual allowance for Highways.
"THE FOURTH LOT for the use of a Schoolmaster resid- ing on the above mentioned Larger Tract Begins at the North- west Corner of the Second Lot and runs Thence along the North
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bounds of the said Second Lot South Seventy four degrees East Seventy Nine Chains to the fifth Lot. Then along the west bounds of the said fifth Lot North Sixteen degrees East thirteen Chains and forty links Then North Seventy four degrees West Seventy Nine Chains, and Then South Sixteen degrees West thirteen Chains and forty links to the place where this fourth Lot Began Containing one hundred Acres of Land and the usual allowance for Highways.
"THE FIFTH LOT for the first Settled Minister of the Gospel on the above mentioned Larger Tract of Land Begins at the Northwest Corner of the first Lot and runs thence along the North bounds of the said first Lot South Seventy four de- grees East Sixty three Chains. Then North Sixteen degrees East fifty Chains Then North Seventy four degrees West Sixty three Chains and then South Sixteen degrees West fifty Chains to the place where this fifth Lot Began Containing three hundred Acres of Land and the usual Allowance for highways. "GIVEN under my hand this Second Day of March One thousand Seven hundred and Seventy two. ALEX' COLDEN Survey' Gen1"
(Endorsed) "March 2.ยช 1772. Return of WINDSOR on the West side of Connecticut River in the County of Cumberland."
The foregoing certificate of survey, through its reference to Zedekiah Stone, had the effect of tying up Colonel Nathan Stone's petition of 1772, with the application made in 1765 for a confirmatory patent for Windsor. It also remedied the defect noted in connection with the earlier application in the matter of the reservations for public uses. It is somewhat singular that the certificate should have contained the recital that the survey of 1772 was made for Zedekiah Stone when the papers otherwise showed that Zedekiah Stone had parted with all his interest in the township; but this peculiarity is not more remarkable than the locations selected by Surveyor-
COLONEL STONE MAKES UP WITH NEW YORK 201
General Colden for the public rights. Zadock Thompson ob- serves in this connection that the original plan of Windsor "disappeared" and that in its place a new one was substi- tuted "in which all the public rights are located on the most barren and inaccessible part of Ascutney mountain; . . . " 1 This new plan is the one now preserved in the office of the town clerk of Windsor. It followed the survey of 1772 and the terms of the New York Patent which was presently issued. By these terms there was left for Colonel Nathan Stone and his associates the disposition of virtually all the meadows and tillable lands in the township to be divided between the New York capitalists and the Windsor settlers.
The expenses of securing the New York charter Colonel Stone arranged to finance through Mr. Henry Cruger, of New York, and Mr. Goldsbrow Banyar, of Albany, but mainly through the former. Henry Cruger was an eminent merchant, a trustee of King's College, a representative of New York City in the Assembly, and, from 1767 to 1773, a member of the Provincial Council. In search of health, he went to Eng- land in May, 1775, and never returned. He died in Bristol in 1780.2 His will is one of the earliest if not the very first to be spread upon the Windsor town records.
Goldsbrow Banyar, a native of London, was born in 1724. Coming to America at the age of thirteen, he entered public office on attaining his majority. He served the Province of New York as Deputy Secretary of the Province, as Deputy Clerk of the Council, and as Deputy Clerk of the Supreme Court. Various other positions in the courts later fell into his lap. Like Henry Cruger, he was a trustee of King's College. At the outbreak of the Revolution he retired to Rhinebeck on the Hudson. After peace was restored he moved to Albany. He died in 1815, leaving a considerable fortune. He was rated as being possessed of sagacity and knowledge of the world.3
1 Thompson's Gazetteer of Vermont, pp. 292-293.
2 7 Lond. Doc., 843.
38 Lond. Doc., 188.
CHAPTER XXV THE NEW YORK PATENT
IN some of the Vermont town histories the authors judi- ciously observe that the New York charters are too long to print, and accordingly omit them. In the main, the truth of such observations is not to be disputed: the New York char- ters are not only too long to print, but, for most of us, too long to read. Nevertheless, the writer of this history will set forth the New York charter of Windsor in its entirety, so that, if there shall chance to be a few who care for a real under- standing of how such things were done in colonial days, there will be the opportunity to observe the text, the style, the sen- timent, the scrupulous attention to detail. For such few per- sons, if any there be, a reading of the document may afford pleasure.
The original of the New York charter, engrossed on parch- ment, is in the custody of the Windsor town clerk. It bears date March 28, 1772, is recorded in the Secretary of State's Office in Albany, and in record book number four in the Town Clerk's Office in Windsor, and was printed in full in that val- uable pamphlet entitled Centennial Memorial of Windsor, Ver- mont. Its text follows.
"GEORGE THE THIRD, By The Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth: To All to Whom These Presents Shall Come, Greeting.
"WHEREAS, our province of New York, in America, hath, ever since the grant thereof to James Duke of York, been abutted and bounded to the east in part by the west bank or side of Connecticut river; and, WHEREAS, of late years, great part of our said province lying to the westward of the same river, hath, nevertheless, been pretended to be granted by divers instruments under the great seal of the province of New Hampshire, as tho' the same lands had then belonged to and were within the bounds and limits of the said province of
202
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THE NEW YORK PATENT
New Hampshire, and within the powers and jurisdiction of the government thereof; and, WHEREAS, among others, the tract of land by these presents hereinafter granted, part of our said province of New York, as aforesaid, hath been so pre- tended to be granted and to be erected into a township of the said province of New Hampshire, by the name of Windsor; and, WHEREAS, our loving subjects, Zedekiah Stone, Nathan Stone, and David Stone the second, in behalf of themselves and twenty other persons, by their humble petition presented unto our trusty and well-beloved Cadwallader Colden, Esquire, our Lieutenant-Governor, and then our commander-in-chief of our said province of New York and read in our council for our said province of New York, on the twenty-ninth day of October, which was in the year of our Lord one thousand seven hundred and sixty-five, did set forth among other things, That there was a certain tract of land lying in our said prov- ince of New York, commonly called and known by the name of Windsor, a little more than six miles square, beginning at a black ash tree standing on the west bank of Connecticut river, marked with the figures two and three, and runs from thence west, sixteen degrees north, six miles; then north, six degrees east, six miles and fifty-six rods; then east, sixteen degrees south, six miles and a quarter, to a maple tree stand- ing on the said bank of the said river, marked with the figures three and four; then down the said river to the tree first men- tioned, bounding easterly on the said river southerly on a tract of land commonly called and known by the name of Weathers- field, westerly on a tract of land commonly called and known by the name of Reading, and northerly on a township known by the name of Hertford; That the petitioners and their asso- ciates held the same by the said pretended grant from the government of New Hampshire, and thinking their title good, settled about sixteen families thereon; That they were willing and desirous to secure their property, possessions and im- provements, by holding the same under the government of our said province of New York, and make further settlements upon the said tract; and therefore the petitioners did, in be- half of themselves and their associates humbly pray that our said Lieutenant-Governor would be favorably pleased by our
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Letters Patent to grant to the petitioners and their Asso- ciates, their heirs and assigns, the said tract of land containing upwards of 23,600 acres and that the same might be erected into a township, by the name of Windsor, and vested with the same powers and privileges as other towns in our said prov- ince of New York had and did enjoy. Which petition having been then referred to a committee of our council for our said province of New York, our same council did, afterwards, on the same day, in pursuance of the report of the said com- mittee, humbly advise and consent that our said Lieut .- Governor, should, by our Letters Patent, grant to the said petitioners and their associates and their heirs, the tract of land aforesaid, under the Quit-rent, provisoes, limitations and restrictions prescribed by our royal institutions.
"AND, WHEREAS, the said Nathan Stone and our loving subject William Swan, in behalf of themselves and their asso- ciates, by their humble petition presented unto our trusty and well-beloved William Tryon, Esquire, our Captain-General and Governor-in-Chief in and over our said province of New York, and the territories depending thereon, in America, chancellor and vice-admiral of the same, and read in our council for our said province of New York, on the twenty- ninth day of January, now last past, writing the proceedings aforesaid, did set forth, among other things, in substance that, since the above proceedings, the several parties who were for- merly associated with the petitioners, save Mary Stone, the wife of the petitioner Nathan Stone, had relinquished all their right, title and interest to the said lands, as by the instru- ments in writing presented with the said petition might ap- pear, and that the petitioners and the persons named in the schedule to the said petition annexed were the only persons interested in the said lands; and therefore the petitioners did humbly pray that our Letters Patent so directed to issue, as aforesaid, might pass in the names of the petitioners and their associates, mentioned in the schedule aforesaid. On due con- sideration of which last recited petition our same council did humbly advise that, when our Letters Patent should issue for the said tract of land called Windsor, our said Captain-General
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and Governor-in-chief should issue the same agreeable to the proceedings aforesaid, of the twenty-ninth day of October, 1765; but that, instead of the grantees therein mentioned or referred to, our said Letters Patent should issue in the names of the petitioners, the said Nathan Stone and William Swan, and of their associates named in the schedule to the last re- cited petition annexed, and that the several shares of the said tract of land which, by the pretended grant or charter from the government of New Hampshire, were intended for public uses, be granted in trust as follows-that is to say: one such share for the use of the Society for the propagation of the Gospel in foreign parts; a like share as a Glebe for the use of the minister of the Gospel in communion of the Church of England, as by law established, for the time being, residing on the premises; a like share for the first settled minister of the Gospel in the said town, and one hundred acres for the use of the school-master residing on the premises; That the share of the said tract of land formerly allotted to Benning Wentworth, Esquire, should remain vested in us, and that the whole of the said tract of land should be erected into a township by the name of Windsor, with the usual privileges.
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