USA > Vermont > Orleans County > The history of Orleans county, Vermont. Civil, ecclesiastical, biographical and military > Part 66
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Capt. Bartlett was a native of Browning- ton, born Apr. 20 1833, a son of Seth and Asenath (Huggins) Bartlett, and a brother of the late Major Amasa Bartlett* of the 9th Regiment. He spent his minority, except a few terms at Derby academy, on his father's farm' in Coventry. Upon coming of age he went to Peoria, Ill., where he spent a year as clerk in a store ; then returning to Vermont, he attended the academy at Morrisville 2 years, after which he entered upon the study of law with Henry H. Frost, Esq., of Coven- try. He was admitted to the Orleans County Bar at the June Term 1860, and immediately took the office and business of Mr. Frost who had died some months before.
He was actively and successfully engaged in business when the war broke out, but he
* See account of Major Amasa Bartlett, page 384.
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could do no business after that. His whole soul seemed to be absorbed in thoughts of his country and of the duty he owed to it. A recruiting office was soon opened at Coventry, and he was one of the first to enlist, and one of the most active to induce others to do the same. It was a great disappointment to him that the company was not filled in season to enter either the first or second regiments. It was at length organized as Company B, of the 3d Regiment, 24 May 1861, and he was elected first Lieutenant. He was promoted to the Captaincy 22 Sept. 1862. He Par- ticipated in all the fatiguing marches and desperate fightings in which the 3d Regiment was engaged, having been in the thickest of the fight at Lee's Mills, Williamsburgh, the seven days before Richmond, Antietam, Fredericksburgh, Chancellorsville, and other bloody fields. He fell at last in the Wilder- ness, and received a soldiers burial on the spot where he fell.
CHARLESTON. MARY'S GRAVE.
BY F. C. HARRINGTON.
The sea pulse beats, where Mary sleeps, Along the whitened sand ; And o'er her grave the woodbine creeps. Trained by a spirit-hand, The sighing willow sadly weaves A curtain o'er her head, And oft the dark magnolia's leaves Weep 'round her lowly bed.
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The white rose blooms upon her grave, Bathed by an angel's tear ; And orange blossoms sweetly wave Above that form so dear ; But when the blast from Northern land Sweeps cold across the main, Sweet tears shall water, sighs shall fan The bud to bloom again.
West Charleston, May 1, 1858.
P. S. I am a Vermonter by birth and residence. F. C. H.
[There is also the poetical vein in the Allyn family. From a graduating poem, we think, occupying 115 lines, by Rosetta H. Allyn, daughter of Alpha Allyn, we give the follow- ing sample-not having room for the whole. -Ed.]
A thousand flowers of Summer, Rich, gaudy, modest, fair- Exhaling sweetest perfume, With fragrance filled the air.
The Summer breeze was blowing; The flowers it gently swayed, And with the graceful branches It ever softly played.
*
"Now let us sing together Before the twilight close,"
Then, borne by evening zephyrs, Enchanting music rose.
My soul was wafted upward To gates of heavenly bliss, Wondering if angel songs Could be more sweet than this.
* *
*
*
#
The silent stars above me, Had peeped out-one by one-
And now the moon in splendor Her silvery radiance flung.
DERBY.
ADDITION FOR CONGREGATIONAL HISTORY.
BY HON. E. A. STEWART.
During the year 1870 the meeting-house Society voted to repair their house of worship as a memorial offering, it being the 5th Jubilee year since the landing of the Pilgrims. The young ladies had previously raised about $ 250. and this added to the amount raised by the society, and the gifts of former residents swelled the aggregate to $ 3000. which being faithfully expended rendered it one of the most unique and attractive houses of wor- ship in this section of the state. It was re- dedicated Feb 24, 1871, Mr. Rogers, the pas- tor, preaching the sermon.
While the repairs were in progress the so- ciety 'worshiped with the Methodists by their invitation and a very deep and pungent revival of religion was enjoyed, of the fruits of which 26 persons have already (July 1871) united with this Church, nearly all of them being heads of families, and more than doubling its working power.
HENRY KINGSBURY
and his wife Susannah, ancestors of Charles Kingsbury, one of the early settlers of Der- by, came from England, about the year 1650, and settled in Haverhill, Mass. In 1656 their son Joseph was born, and in 1679 he married Love Ayres, also of Haverhill. They had two sons, Joseph and Nathaniel, who married sisters, Ruth and Hannah Dennison, of Ipswich, Mass. Joseph was born in 1682, and married Ruth Dennison in 1705, and in
4
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1708, being harassed by the Indians, they removed to Norwich, Ct., where Joseph, known as " Deacon Joseph," has a numerous posterity. Nathaniel settled in Andover, Ct. Joseph and Ruth had a son, Joseph, born in 1714, who lived in Pomfret, Ct .; and in 1738 had a son Sanford, who was educated at Yale College. He married Elizabeth Fitch, and lived in Windham, Ct. In 1780, he re- " ESQ. KINGSBURY." moved to Claremont, N. H., where he died in 1834. His wife died several years previ- ous. They are buried in the western part of the burying place, at Claremont Center. Charles Kingsbury, eldest son of Sanford and Elizabeth, was born in Windham, Ct., in 1773. He was one of the early settlers of Derby, and shared in all the hardships and privations of a pioneer life. His first deed was dated in 1797, and was for a piece of land situated about half way between the center of the town and Canada, and about 80 rods east of the present main road. The first 3 years that he worked at " his clearing," he returned to Claremont to spend the win- ter, which, in those days, was a long and tedious journey, such as those who ride in " palace cars " can hardly appreciate. Re- turning in the spring, he commenced his preparations for a home, living in a bark shanty, which was of sufficient size for par- lor, dining-room, sleeping room and kitchen. He was "monarch of all he surveyed." and made himself very comfortable on his " bed- stead " of basswood bark. He would turn it " bottom upwards," and his " chamber-work " was done, and the votaries of black walnut and rosewood might envy such sleep as came to the occupant of the bark shanty. " Old Joe Indian " had his wigwam on the shores of Salem pond, and formed an early attach- ment for the young farmer, which he mani- fested by frequent visits to the shanty. The violin pleased the red man, so also the pork and beans. As soon as he began to raise some small crops, the fight with the bears and wolves commenced, which was some- times quite fierce. In June of 1800, he put up frame buildings, and the 17th of Septem- ber of that year, he married Miss Persis Stewart, daughter of General Stewart of Brattleborough, Vt. They lived on the farm till it " blossomed like the rose." They had the first apple-trees in town, and made the first cider. The old "Kingsbury orchard " is still yielding fruit. In 1812, the road hav-I dissimulation, and spurning the ways of
ing been moved, they came down to a place half a mile east of the village, and in 1820, the year the " old meeting house " was built, they moved up opposite where the new Con- gregational church now stands, and where they both died, in 1843. They are buried in the old burying-ground near the center of the town.
was an Episcopalian, but never made any public profession of his faith. His religion manifested itself in his every-day life. To do right was his highest aim, and the govern- ing principle in all his business transactions. He led in singing several years, and was & constant attendant at church as long as he lived, and many who read these lines will remember him in the corner pew of the old meeting-house, a plain, unassuming man, of sound sense, with a frank, open countenance which won respect and confidence. His clear perception of right and wrong eminently fit- ted him for the duties which he was often called to perform. His services were often solicited in settling estates and adjusting dif- ficulties. He was free from deceit, and pos- sessed a kind and forgiving temper, was lib- eral in assisting in all public enterprises, and generous in relieving the distressed; but it was in his family that his character shone brightest. All were made to feel they were in their father's house. There was no dis- play, but a love that was felt. He became early identified with the interests of his chosen home, and, although he could not be called a public man, he served his town in almost every capacity. He was the first rep- resentative from the town to the general assembly, and was elected the next 3 years. He also represented the town in 1828-29, and 1838-39. He had the office of town treasurer from 1812 to 1833, He was justice of the peace from the organization of the town to 1829. He was lister from 1806 to 1826, &c. &c. There are now nine genera- tions of Kingsburys this side the water, in this line. A recent writer, speaking of the. first five, said, "They were remarkable as a family for their fondness for agricultural pursuits from their first settlement in Ameri- ca ; that they lived in the common temperate style of the New England farmer, that they were a noble hearted, industrious race of the strictest integrity, disdaining the low acts of
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vice, and walking in the paths of virtue and piety." And Charles Kingsbury, of the sixth generation, has brought no shame or disgrace on his ancestors, but has handed the name down to his posterity fair and unsullied as he received it .- MRS. LUCIUS KINGSBURY.
IRASBURGH.
JUDGE JAMESON'S WORK ON CONSTITUTIONAL CONVENTIONS.
The Constitutional Convention; Its History ; Powers and Modes of Proceeding; Royal Octavo, 564 pp .; By Hon. J. A. Jameson, Professor in the Law Department of Chicago University ; New York, Scribner & Co .; Chicago, Griggs.
Desiring some account of Judge Jameson s work on Conventions, we sent to him for it and received a package of notices of the Press from which we extract the following ;-
From the Chicago Legal News, for Oct. 3, 1868.
THE CONSTITUTIONAL CONVENTION - We take pleasure in calling the attention of the profession, to the work of the Hon. John A. Jameson, of our Superior Court, upon Consti- tutional Conventions. It should not only be in the hands of the profession, but be read by every man interested in the formation and change of our government. This volume, to the organic law maker, is indis- pensable. The next legislature having to provide for a Constitutional Convention, its members would be aided much in their labo- rious task by the careful reading of Judge Jameson's book.
From the Chicago Journal of Oct. 16, 1869.
Judge Jameson first gave this volume to the public three years ago. It attracted con- siderable attention at the time. It, was some- thing of a novelty, in legal literature. The field, as a whole, had never been harvested before. The erudition of the author and his profundity gave to the volume consider- able notoriety and sale. There was, however, no immediate use for a treatise, as the author modestly calls his work, on this subject ; but since then a demand has sprung up for it. The Southern States all had to be re-con- structed, and consequently were obliged to adopt new organic laws. Then, too, not a few of the States which never seceded, found their Constitutions illy adapted to their pres- ent wants. Changes, in whole or in part, have been made, or are now contemplated. There has then been developed a demand for which Judge Jameson had most opportunely made provision. We are not at all surprised, therefore, that a second edition was called for. In our own State, the sale of this second edition will, doubtless, far exceed that of the first, for the reason that, the subject has now passed from the domain of abstract specula-
tion to that of practical reality. Three years ago the history, powers and modes of pro- ceeding of Constitutional Conventions, had no vital interest to any of our people, but now they have to every intelligent, public spirited citizen. The Legislature has taken steps for holding a Convention for the pur- pose of framing a new foundation for the civil institutions of our State. At the approaching election, the people will choose delegations to that body. The candidates are already in the field, and the campaign, as a whole, is mainly important from the constitutional stand-point.
BY JAMES T. MITCHELL, one of the Editors of the American Law Register.
In no other country could such a book have been produced, and certainly at no other time, even here, could it have been produced so opportunely. Constitutional Conventions are a peculiar feature of the political institutions of the United States, and at present, of all times in our history, their "power's and modes of proceeding" are of the most vital interest. The principles of popular government occupy the conversa- tions of nearly all men in this Country, and from the foundation of the government, there have never been found wanting, men of mas- ter minds who have given to political science a profound study. But the conflict of inter- ests, and the discussion of principles has generally been upon the construction of writ- ten constitutions and the practical powers of the government, and the officers under them. Judge Jameson, however, has gone deeper, and, in the present work, has examined the legal powers of the people themselves in the formation of their governments, and the prin- ciples by which they are to be guided in the establishment or change of constitutions un- der the forms of law. In one sense this may be called an inquiry into the precise limits of the ultimate right of revolution, and the proper or justifiable occasion for its exercise. In the course of this inquiry many topics of the most vital and permanent political inter- est, from the foundation of American gov- ernments, down to the changes of fundamen- tal law now in process, come under discussion.
Chicago Post, December 29, 1866.
The chief value of the book lies in the dis- cussion and (passing over the chapter on "Con- stitutions") in the related inquiry " the requi- sites to the legitmacy of conventions and their history"-after setting forth the two sole legitimate modes of initiating or calling con- ventions the historical resume is entered upon, under the two classes of such as were held during the Revolutionary period-1775- 1789, and those called since the Federal Con- stitution went into operation, in March of the latter year. The very full and exhaustive re- view here given begining in Boston in 1775, and ending in Montgomery in 1861, supplies a want long felt by political writers and most keenly felt, during the discussions of the past five years. All the Federal, State and Territo-
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rial Conventions of these periods are de- scribed,and the arguments of Statesmen, and the decisions of Judges bearing upon them are collated and reviewed. ยท
A congenial labor too has been performed with more than mere industry; it embodies large views and exhibits judgment and dis- crimination in their exposition,-especially in the relative attention given to many distinct topics of fact and argument, some of them very large and remote, so as to keep the treatise within not only voluminous but read- able limits. The style of treatment is in keeping with the gravity of the subject, serious and studied,-aiming at condensation, cor- rectness, and luminousness, rather than at brilliancy or power. It is the elevated legal style, of which our early Statesmanship pre- sents us niany models, not always formal and dry, but warming and becoming animated and earnest under the inspiration of momentous events, under the sense that what has so long been, even in the discussions of Calhoun and Webster, matter of opinion, has now become matter of fact, embodying concrete principles to be applied, rather than abstract theories to be talked about.
Chicago Republican, Dec. 19, 1866.
"It examines with that care and thorough- ness, which characterize the entire work, the important question whether, if a Constitution provides one mode of amendment, another can be pursued. It is one upon which the people of Illinois are vitally interested as upon it depends the question whether our own State Constitution can be easily and speedily amended. The question has never before been so comprehensively and thorough- ly discussed."
Chicago Evening Journal, Dec. 8, 1866.
Next to the Federalist not excepting even Story on the Constitution, must be ranked Jameson's Constitutional Convention, its History, Powers and Modes of Proceeding. . "A writer in Blackwood, some time since, admitted that the American historians, Ban- croft, Motley and Prescott, were unequalled in their chosen field; and what they are in ordinary history, Jameson is in constitution- al history.
From Mons. Edward Laboulaye, member of the Institute of France, translated from the " REVUE DE DEUX MONDES" for Oct. 15, 1871."
"For the richness of its documents and the solidity of its judgments, it may sustain a comparison with the commentary of Story upon the Constitution of the United States.'
N. Y. S. W. Tribune, Dec. 4, 1866.
The questions discussed in this volume are of the gravest importance, and the Author has treated them with the political learning, thoroughness of research, and comprehensive statement, which challenge the attention of scientific publicists.
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N. Y. Evening Post, Jan. 15, 1867.
A complete history of constitutional con- ventions in this country, one of great interest to a political student. It gives, with great precision of detail, the history of the methods of constitutional changes in this country.
Chicago Tribune, Dec. 5, 1866.
The subject, which is one of great, and, in many respects of surpassing interest, has never before, we believe, been treated in an independent work.
The Nation, Jan. 3, 1867.
To a lawyer this work is almost as enter- taining as light reading; and no one who cares to study the theory of our government can fail to be interested, as well as instructed by it.
This work is one of the most valuable contri- butions, which have been made to political or legal literature within the last few years.
Wisconsin State Journal, Jan. 7, 1867.
Judge Jameson considers a variety of ques- tions which are now prominent subjects of discussion, in Congress, and throughout the country, and throws upon them the light of a careful and diligent investigation. This book is, therefore, of peculiar interest at this time, and supplies a most convenient work of ref- erence, where all the facts and precedents bearing upon many mooted points of consti- tutional history and procedure, are clearly and concisely set forth.
Round Table, Jan. 12, 1867.
A work of solid and permanent value, and at the present juncture in our State affairs it has a peculiar interest
Vermont Watchman and State Journal, Dec. 21, 1866.
It contains a vast deal of history and law, gathered from sources inaccessible to those who do not make its subject a special study, and therefore it will be very valuable to statesmen, and to all professional men who would grasp this field of constitutional law. Now, when Constitution making and mending, is the necessity of the day, this book is well- timed.
Hours at Home, Jan., 1867.
One of the most important and characteris- tics of the political institutions of the country is the Constitutional Convention. A work on this subject has long been needed ; and the want is at length supplied by a stately octavo, from the pen of one competent to do ample justice to this important subject.
In the appendix a careful and accurate list is given of all the Conventions held, thus far, in the United States. A brief synopsis of this work will give only an inadequate idea of its scope, but its value will at once be recognized by all who have to do, even in- directly with public or political affairs.
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Burlington (Vt.) Free Press, March 4, 1867.
The book is the work of four or five years of study and research on the part of the author, and none who know his industry, high scholarship and legal ability, need to be told that it is a most valuable contribution to the text books of Constitutional learning It is especially timely and valuable, at a time like this, when Congress is calling on the people of eleven States to form new Constitutions, by means of Constitutional Con- ventions, under which they may regain their lost representation, and share in the govern- ment. The work has no preface, but with characteristic directness, and without a wasted word, enters on the discussion of the subject, which is continued through eight chapters In the first, Judge Jameson treats of the different kinds of Constitutions. He divides them into the Spontaneous Convention, or public meeting, the Legislative Convention, or general assembly, the Revolutionary Con- vention, and the Constitutional Convention. He insists on the distinction between the last two. He tells us :
" The Constitutional Convention, I consider as an exotic, domesticated in our political system, but in the process so transforined as to have become an essentially different institution from what it was as a Revolution- ary Convention. In the following pages an attempt will be made to vindicate the accuracy of that view by inquiring into the institution in all its relations to the public as well as to the Government in its various departments, connecting with the theoretical consider- ations necessarily involved in the discussion, historical sketches of all such Conventions as have thus far been held in the United States."
Before addressing himself to this question, the author, in some preliminary chapters, defines the terms "Sovereignty " and " Con- stitution." Maintaining that the people of the United States constitute a Nation, he finds the right of sovereignty residing in the "Nation," as supreme above all divisions. He holds, even, "that the States ought to be regarded as expedients subordinate to the Nation, subservient in all respects to its in- terests ; and therefore, if the Nation so will, temporary."
The remaining chapters are, Of Requisites to the legitimacy of Conventions, and of their History; Of the Organization and Modes of Proceedings of Conventions, Of the Submission of Constitutions to the people ; and Of the Amendment of Constitutions. In reference to the submission of constitutions to the people, the author shows that of one hundred and eighteen constitutional conven- tions held in the United States, "seventy-eight have submitted their labors to the people, and forty have not; " but among the forty are counted the secession conventions in the Southern States in 1861, and the reconstruc- tion conventions, called by Mr. Johnson, in 1865. If these are excluded, as they ought to be, it will be seen, as the author remarks, that "the prevailing sentiment of this country from the earliest time, has favored the sub- mission of constitution to the people." In reference to the amendment of constitutions, he reaches the conclusion that
"It is not enough that a Constitution provides a mode for effecting its own amendment; it is necessary that there should be developed a political conscience impel- ling to make amendments to the written Constitution, when such as are really important have evolved them- selves in the Constitution as a fact. Our courts can, in general, recognize no law as fundamental which has not been transcribed into the book of the Coustitution. When great historical movements, like those which have lately convulsed the United States, have resulted in im- portant political changes, and they are so consuinmated and settled, as to indicate a solid foundation in the actual Constitution, they should be immediately regis- tered by the proper authorities, among the fundamen- tai laws Why embarass the courts aud fly in the face of destiny by refusing torecognize accomplished facts ?"
The author gives, in his appendix, a list of no less than 152 Conventions, which have assembled within the last 90 years of our country. for making or amending constitu- tions The number of these instruments is, of course, less numerous. Mr. Jameson says, -" A considerable unmber of constitutions known to exist, I have not been able, after much research, to find at all; but I have succeeded in ferreting out about eighty." We can of course, in such an article as this, but indicate the scope of the work. It is a storehouse of facts and precedents, not readily accessible, made more valuable by embodying the conclusions of a philosophic thinker, and covering ground not heretofore discussed with anything like the amount of research and care. Judge Jameson's book will be indis- pensible to the political student or American Statesmen, and must add largely to the high reputation of its author. A full index com- pletes its value as a book of reference.
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