USA > Vermont > Windham County > Londonderry > The history with genealogical sketches of Londonderry > Part 22
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(Second Skin line the fifteenth part of the word South line the sixteenth part of the word East, Line the twenty fourth part of the Word Assigns and Line the twenty fifth part of the Word Limitations wrote on Razures. and in the third Skin Line the forty fifth the word do interlined.
Clarke.
In the preceding Certificate and Letters Patent recorded for James Rogers and his Associates, page 2 last line the Words the use of interlined; Page 5 Line II the Words that Government; Page 6 Line 18 the Word last, Page 7, Line 19, the word or and Page II Line II the Word or wrote on Razures; Examined and compared with their respective originals this 22d February 1770 By Me
Go BANYAR D Secry
EXTRACTS FROM "ASSEMBLY JOURNAL," STATE OF VERMONT, (Vol. I).
March 14th, 1780.
The petition from the inhabi- tants of Kent which was referred from the 13th inst. was read and referred to a committee of two to join a committee from the Council and make report to this House. The members chosen, Mr. Jones and Mr. Curtis.
March 15th, 1780. *** Resolved that this Assembly will not grant any lands this session except Royalton and Kent.
March 16th, 1780.
* The committee to whom was re- fered this petition from the inhabitants of Kent brought in the following re- port, viz., That it is our opinion that the tracts of land now known by the name of Kent be granted to a committee of trust who are to be under the direction of the Governor and Council, by the name of Londonderry, under such regulations as they shall think proper.
IRA ALLEN, Chairman.
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The above report was read and accepted, and Resolved that there be and hereby is granted by this Assembly unto such persons as the Governor and Council shall direct a township of land (formerly known by the name of Kent) lying and being in this state to be incorporated by the name of Londonderry, and the Governor and Council are hereby requested to make out a charter of incorporation as specified in the petition, under such con- ditions, reservations and restrictions as they shall judge proper for the benefit of this state .**
The petition above referred to is not to be found in the State Papers in the office of the Secretary of State.
THE CHARTER OF LONDONDERRY
SS
The GOVERNOR, COUNCIL, & General Assembly of Representatives
of the Freemen of VERMONT
To all People to whom these Presents shall come GREETING,
Know ye that whereas, the General Assembly of. this State did at their Sessions, held at Westminster in March last, Resolve to Grant unto a Com- mittee to be appointed for that purpose, a certain tract of Land as here- after described. We have therefore Given and Granted, and by these Presents do give and Grant, unto our worthy Friends, Edward Akin, Samuel Fletcher, & Joseph Tyler Esquires, who are appointed a Committee as aforementioned, and to their heirs and assigns, a certain tract or Parcel of Land, situate within this State, and in the County of Cumberland, bounded as follows viz. BEGINNING, at a black spruce tree two rods from the East side of a brook commonly known by the name of the south branch of Williams' River, and about two rods north of where the road now goes from Manchester to Chester across said Brook, which tree has been Marked for the southeast corner of Andover, thence running north sixty three degrees West, seven Miles and three quarters, to a Yellow Birch tree, thence south ten degrees West six miles to a small black spruce, thence south sixty three degrees east seven miles and three quarters to a small white beach, thence North ten degs, East six miles to the first mentioned bounds. Re- serving five sixty fifth equal parts to be appropriated to public uses as follows viz. one equal part for the use & support of a simenary or College within this State, one equal part for the use and support of the County Grammar schools throughout this State, one equal part for the use and support of the first settled Minister of the Gospel in said Town, to be dis- posed of for that purpose as the Inhabitants thereof shall direct, one equal part for the support of the Ministry, and one equal part for the benefit and support of a school or schools within said Town.
And that the same be and hereby is Incorporated into a Township by the name of LONDONDARY, & the Inhabitants that do or shall hereafter inhabit said Township are declared to be Infranchised and entitled to all the previledges, and Immunities that other Towns within this State do by Law exercise and enjoy.
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The History of Londonderry
To have and to hold the said Granted premises as above described, with every previledge and appurtenance therein contained, to the aforesaid Edward Akin, Samuel Fletcher, and Joseph Tyler, to them and their Heirs and assigns forever.
In Testimony whereof we have caused the seal of this State to be affixed at Arlington in the County of Bennington this 20th day of April A.D. 1780, and in the fourth year of the Independence of this, and the United States of America.
THOMAS CHITTENDEN.
Attest
JOSEPH FAY, Secy.
PETITION
To his Excellency THOMAS CHITTENDEN Esq. their honors the Council, and the Honorable House of Representatives of the State of Vermont, in general assembly convened, the petition of Capt. Edward Aiken, Moses Grimes, Hugh Montgomery, Robert Montgomery & Samuel Eyres humbly show
That whereas there is a certain gore of land lying west of the township of Londonderry, containing by estimation eight hundred acres which hath not yet been granted we your honors, Petitioners humbly pray that s'd gore may be granted to us, at such time and under such Consideration as your honors in your Wisdom shall see fit and we as in duty bound shall ever pray.
GRANT OF AIKEN'S GORE
SS
The GOVERNOR, COUNCIL and General Assembly of the Freemen of the State of VERMONT
To all People to whom this present writing shall come GREETING,
Know ye that whereas Capt. Edward Aikens and his Associates six in number have Petitioned for a Grant of a small gore or tract of unappro- priated Land in This State Situate, lying Between and by the Township of Landgrove, Jamaica, Londonderry and Winhall in Order for improving & settleing the same
We have therefore Thought fit for the due Encouragement of their Laudiable design & Other Considerations Us hereunto Moving & do by these presents in the name and By the Authority of the Freemen of the state of Vermont Give and grant the said gore or tract of land Unto him the said Edward Aiken & to the several persons hereafter named Viz :-
Peter Silvester, Peter Silvester second, Nathaniel Brown, Wm. Aiken, Nathn/ Bartlett Brown, And to their respective heirs & Assigns forever in Equal rights or shares, which tract or gore of land Is Situate and Described as follows Viz: Bounding south of landgrove North of Jamaica West of Londonderry & East of Winhall & is Estimated to contain Nine hundred Acres be the Same more or less; which said gore or tract of land is also by these presents annexed to the Township of Londonderry & the Inhabitants
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that do Inhabit the said gore are hereby declared To be entitled to all the Privileges & Immunities that the Township of Londonderry Do and ought by the Laws & Constitution of this State to Exercise & enjoy.
To Have & To Hold the said granted Premises as above Expressed with all privileges & Appurtenances thereof in equal Rights or shares unto them the said Edward Aikins, Peter Sylvester, Peter Sylvester 2nd, Nath'nl Brown, Wm. Aikins & Nath nl Bartlett Brown & to their respective heirs and assigns Forever Upon the following Condition Viz: that Each Pro- prietor of said Land, his heirs or Assigns Improve & Cultivate three Acres of said Land or have a family living & settled on the same within the Term of three Years after the Conclusion of the present War Between America & Great Britain On Penalty of the forfeiture of Each respective Right or share of land in said gore or Tract not so Improved or settled & the same to revert to the freemen of this State to be by their representatives re- granted to such persons as shall appear to Cultivate & Settle the same.
In Testimony whereof we have Caused the seal of this State to be Affixed. Done in Council this Twenty-fifth day of Feby in the Year of Our Lord One Thousand seven Hundred & Eighty-two and in the six Year of the Independance of this state.
THOS. CHITTENDEN.
JONA. KNICKERBOCKOR Depy Secry.
AN ACT FORMING THE EAST PART OF LONDONDERRY AND MACK'S LEG, IN THE COUNTY OF WINDHAM, INTO A SEPARATE TOWN
Whereas it appears to this Assembly, that it is inconvenient for the in- habitants of the east, to assemble with those of the west part of London- derry, to transact public business.
Therefore, It is hereby enacted by the General Assembly of the State of Vermont, That the east half of the town of Londonderry, as divided by a certain line, running parallel with the east and west lines of said town together with a gore of land adjoining the east line of said town, known by the name of Mack's Leg, be and the same is hereby incorporated into a town, by the name of Windham; and the inhabitants residing therein shall have privileges and immunities which the inhabitants of other towns in this State have and enjoy excepting that of electing and sending a representative to the General Assembly, and to Conventions.
II And it is hereby further enacted, That the freemens meeting of the said towns of Londonderry and Windham, shall be holden at the most conven- ient place near said division line, as shall be appointed by a joint vote of said town; and such meetings shall be warned by the first constable of Londonderry by posting a warning in two of the most public places in each of said towns - and the freemen of said towns, when met, shall jointly choose one representative, to represent them in General Assembly, or in State Conventions. And
III It is hereby further enacted, That the military stores, and other pub- lic property, be divided to each town aforesaid, agreeably to the grand list of polls and ratable estate for the year one thousand seven hundred and ninety-four.
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The History of Londonderry
Provided always, that this act affect any cause, or suit, for or against any of the inhabitants of the town of Windham, commenced before this first day of January, in the year of our Lord one thousand seven hundred and ninety-six.
Passed Oct. 26, 1795.
PETITION
To the honorable, the general Assembly of the representatives of the freemen of the STATE of VERMONT, to be holden at Windsor in said state on the second Thursday of this instant October :-
The petition of the inhabitants of the easterly part of Londonderry - humbly sheweth - That said town being divided by a mountain which runs from the south line through the centre of said town and extending nearly to the north line - the meeting therefore of the easterly with those of the westerly part of said town is extremely difficult - and very oppressive for the inhabitants living near the south line.
And whereas said town contains more land than is usual in townships in this state - it being, including two gores which adjoin, one the west and the other the east line, almost nine miles in length.
And whereas nearly all the land east of said mountain will admit of settlement so as to form a compact and convenient town and the setle- ments thereof having been hitherto under its present situation very much impeded - your petitioners conceive it would be advantageous both for the public and the inhabitants of said town to divide the same equally into two separate towns and therefore desires to be set off from the said town of Londonderry and incorporated into a seperate town by the name of Wind- ham.
Therefore your petitioners humbly prays your honors to take the affair into your wise and serious consideration, and if you in your wisdom think it is advisable to grant the prayer of this our humble petition, that the said line of division begin on the north line of said town at an equal distance from the northeast and northwest corner of said town from thence to run parallel with the east and west lines till it intersects the South line of said town - And your petitioners as in duty bound shall ever pray. Londonderry Oct. 2, 1795.
Samuel Ayers, Jonas Butterfield, Samuel Wheen, Ruben Woodcock, John Woodburn, James Stearns, Patrick Taggard, Benjamin Pierce, Arch'd W. Cormick, Abial Whitman, Daniel Lassbie, Amos Dagrot Jr., Ebenezer Rhoads, Ebenezer Farnsworth, John Mack, Benjamin Cole, James McCormick Sen., Ephriam Amadon, James Mack, Salmon Cole, Lemuel Abbot, Solomon Streeter, James McCormick Jr., Silas Cole, Ira Babbit, Elisha Barker, John Aiken, Archibald Mack, Amasa Cole, Shere- biah Fletcher, George Parsons, George Burnap, George Parsons Jr., Bartholamu Parsons, Benjamin Farmin, Joseph Parsons, Jonathan Brintnell, George W. Murphy, John Williams, Adam Streeter, Judah Dodge, Oliver Capron, Ebenezer Comings, Benjamin Watts, Edward Aiken, Elias C. Amiter, James Aiken, Nehemiah Pierce, John Hopkins, Simeon Smith, Jesse Martin, Zadoc Barrit, Peter Aiken, Lemuel Willis, Moses Reed.
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TO WHOM IT MAY CONCERN-
The petition for setting off the east half of Londonderry into a distinct town has been legally notified in said town-
Certified by JAMES AIKEN Town Clerk.
7th October 1795.
To the Honble the General Assembly to be convened at Rutland on the second Thursday in October next.
The Petition of the subscribers Inhabitants of the Town of Windham in the County of Windham
Humbly Sheweth.
That until the division of the Township of Londonderry in October last they were Inhabitants of said Town of Londonderry That the Local situ- ation of their farms are such as renders it extremely difficult for them to convene with the Inhabitants of Windham in Town meetings or for other purposes - That they should be well accommodated if annexed to London- derry - That if they had had any expectation of being annexed to Wind- ham in the Division of the Town they should have laid their case before the legislature at the time of making the division, but they were ignorant of the transaction until it was too late to make their objections at that time.
Your Petitioners Therefore pray that they may be annexed to the Town- ship of Londonderry & that the dividing line between the said Townships of Londonderry & Windham may be established agreeably to the divisiona line between the two military Companies formerly belonging to the said Township of Londonderry.
September 24th 1796. John Patterson William Cox John Cox John Jacob William Aiken Jas. Hopkins.
[On this petition appear the following indorsements:]
We the Subscribers Inhabitants of the Townships of Londonderry & Windham request that the prayer of the within Petition may be granted. Jonathan Aiken Jonathan Warner Willard How Samuel Thomson
Daniel Jacobs Ebenr Patterson
Nehemiah How David Thompson Moses Patterson
Hugh Montgomery Emerson Hodges Patrick Larkin
Joshua Warner Joseph Oughterson
Barnet Wait
James Patterson
David Cochran
** **** "In General Assembly. 14th October 1796
Read & with the remonstrance thereto & refered to Messrs. Curtis, C. Wright, & Porter to join, State facts &c.
Attest R. Whitney Clk.
In Council Oct. the 15 Day A.D. 1796 Read and Resolved that Judge Galusha be appointed to join sd. Committee.
Attest T. Squire Secry.
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The History of Londonderry
Rutland Oct. 20th 1796.
To the Honble the General Assembly now sitting - Your Committee to whom was refered the within petition and Remonstrance report that after having examined the merits of both - it is the opinion of your committee that the facts set up in sd. petition are true and that the prayer of this said petition be granted - All which is humbly submitted - by
Jonas Galusha for Committee.
In General Assembly 2Ist Octr, 1796
Read & the petition & remonstrance referred to the next Assembly of the Legislature.
Attest R. Whitney Clerk.
To the Honourable the General assembly to be convened at Windsor in Oct. instant, the remonstrance and petition of us the subscribers Inhabi- tants of Windham humbly sheweth,- That, having understood that a petition will be prefer'd to your honours by a few of the Inhabitants of Windham & Londonderry in which the late division of said towns is rep- resented as being productive of many enormous & peculiar disadvantages resulting from the unnaturally divided situation of the same that said division has proven fatal to the inhabitants of said towns, both in town & Ecclesiastical affairs, also averring that said divisional line does not touch the Glebe Mountain so called, that a Considerable tract of land lies in Windham west of said Mountain, that the Inhabitants of said town can convene & be better accomodated at one Centre than at their respective centres, That it would be for the Interest of said towns to be reunited &c.
We, therefore, on Viewing said representation, are surprised that men of Common sense shou'd subscribe to that which is so unjust partial & in- equitable - Not however to descend to their futile particulars we shall endeavor to Confine ourselves to those which we deem most Important - That the Mountain is the Grand Obstacle both parties readily acknowledge, but that there are Inhabitants or habitable Land on the west side of said Mountain in Windham your remonstrators positively deny, or that the Inhabitants of Londonderry & Windham can resort to one centre more conveniently than they can to their respective centres we aver to be equally Impossible but may with the greatest propriety declare to your honors, Nature has decidedly (as we presume) formed the sd. towns to be as they now are to which the Inhabitants Generally acknowledge their most eager & Joyful assent and are also, those of Londonderry as well as those of Windham, determined, to be perfectly resigned & agreed to the report of your honourable Commissioners Appointed to examine the Situation of the premises which report we trust may more fully evince the truth of what we have here represented as far as it may touch the merits - We can also with truth assure your honours, respecting the eccleiastical disadvantages in- sisted on by said petitioners that the zealous Contentions about a centre occasioning such disagreeable feuds, together with the Natural Impossi- bility of being in any Advantagious degree conven'd were the sole & Cogent reasons of our making application for a division primarily. Therefore we hope that their Error being so flagrant, by our Impartial explanation may
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appear to your honours in its proper Colours & do most earnestly pray that the prayer of their Petition be not granted & as in duty bound shall ever pray.
Windham 6th Oct. 1797.
Saml. Davis
Abial Whitman
John Aikin
Ephraim Hewett
George Person
John Rugg
George Persons Junr.
John Scott
Lemuel Abbot
Eli Scott
Archd. McCormick
Benjamin Scott
Benjamin Farnum
Benj. Pierce
Jonathan Person
Judah Dodge
Joseph Person
James Stearns
Patrick Taggered(t)
Jonas Butterfield
Arch. Mack
Naham Barret
Simeon Smith
Sherbiah Fletcher
Aaron Reed
Jonathan Brintnall
Moses Reed
John Williams
Ithama Reed
Zacheus Bemis
John Burnap
James McCormick
Daniel Babbit
Peter Abbot
James McCormick Jun.
Ebenezer Rhoads
Benjamin Cole
John Hopkins
Ebenr. Farnsworth
Timothy Johnston
Samuel Wellington
Bartholomo Person
Saml. Smith
John Glynn Junr.
James Smith
James Mack
Ebenezer Cumings
Edward Aiken
John Hamilton
Peter Aiken
David Cobb
Samuel Ayers
George McMurphy
James Ayers
George McMurphy Junr.
Charles Pirkens
Samuel Taggert
John Woodburn
Zadock Barrett
James Aiken
Daniel Chapin
Jonathan Perry
Samuel Weeks
Calvin Barrett
Nehemiah T. Pierce
Daniel Cobb Junior
Abraham Stockwell
Adam Streeter
Ira Babbit
John Woodcock
Lemuel Wyllys
Elisha Barber
Ephraim Amadon
To the Honb. the General Assembly of the STATE OF VERMONT, of Vermont, the remonstrance & petition of us the subscribers Inhabitants of Londonderry humbly sheweth.
That, understanding, that a small part of the Inhabitants of Londonderry & Windham design to prefer their petition to your honors wherein they represent the late division of said towns as pregnant with many material disadvantages resulting from a division so unnatural & dis- commodious That said division has proven destructive to the prosperity & ahrmony of the Inhabitants of said towns both in town & church affairs,
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The History of Londonderry
affirming that the divisional line does not touch the Glebe Mountain so Called, that a considerable tract of habitable Land lies West of said moun- tain in Windham, that the Inhabitants of said towns can Convene at one Centre more advantagiously than they can at their respective centres that it would be greatly for the benefit & advantage of sd. towns to be Re- united in one town as formerly &c.
We therefore on viewing said representation are astonish'd that rational men shou'd subscribe to that which most certainly Impartial Judges will esteem so unjust, partial & Inconsistent. We shall not, however particularly set forth their unjust representation, but merely mention those articles which we deem most Important & on which the affair ought to turn. That the Mountain is esteem'd by both parties the Grand Obstacle Neither will pretend to deny - but that there are inhabitants or habitable land in Windham West of said Mountain your remonstrators positively aver to be false or that the Inhabitants of Windham & Londonderry can convene to one Centre with more advantage than they can to their respective Centres is equally Impracticable. Your remonstrators therefore placing due con- fidence in the Honle. Committee appointed to examine the situation of the premises are perfectly resigned to their expected report which we assuredly hope, will more fully evince the truth of what we here affirm.
We also will beg Leave to enform your honours that these dissatisfied petitioners own the land situated about where the Centre of Londonderry before sd. division wou'd naturally fall, as they expected.
Your remonstrators therefore hoping that when their said petition shall appear in its proper Colours & your honours be sensible of its demerit you will not Grant the prayer thereof and as in duty bound shall ever pray.
Londonderry 7th Oct. 1797.
DAVID COCHRAN
Stephen Chafey
Samuel Arnold
Elisha Collidge
Royal P. Wheeler
George Hewes
Noah Whitman
Joseph Danby (Darby)
Rufus Thayer
Jonathan Emmons
Elisha Cook
Benja. Hoar
Abiram Stacey
Amos Cook
Samuel Hayward
John Wakefield
Joseph Allen Junr.
Joseph Allen Ebenezer Cobb
William Arnold
Nehemiah Allen
Samuel Cobb.
To the honble General Assembly of the STATE OF VERMONT to be holden at Windsor in the County of Windsor on the second thursday of October next.
Your Committee to whom was refered the petition of John Patterson & others, Inhabitants of Windham, in the County of Windham praying to be set off from sd. Windham to the Town of Londonderry in sd. County at the session of the Assembly in October last, & A remonstrance of Saml. Arnold & others agt. the prayer of Sd. Petition, after twelve days notice being given to the Parties; met at Windham in Sd. County on the 16th day of Decr. 1796, and after hearing the parties: on motion of the Party signing the
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remonstrance for an adjournment replied to by the Petitioners agreed to adjourn until the 31st day of May 1797 at sd. Windham Which time & place your Committee met, & after considering Sd. Petition & remonstrance, the evidence & matters thereto appertaining make the following report - The Towns of Londonderry & Windham being divided by a mountain ex- tending thro' almost half of Sd. Towns north & south; but the wast land of Sd. Mountain Chiefly lying in the Town of Windham; the Petitioners living in the northwesterly part of Sd Town, we apprehend may be commoded by a road not yet laid out, nearly as well as if annexed to Londonderry, when the same is made passable; which we think can be done without very great expence; adding to the above, that if the prayer of Sd. petition should be granted, the north line of the Town of Windham will be but about two miles & an half long, & the north line of Londonderry above five miles long, and chiefly inhabitable land; Your Committee therefor give it as our Opinion that the Prayer of Sd. Petition ought not to be granted.
Signed with our hands at Sd. Windham this 31st day of May Anno Domini 1797. Samuel Fletcher for Committee.
In General Assembly 17th Octr. 1797. The Report of the Como. read and not agreed to - Ordered That the prayer of the original petition be granted and That Mr. Marsh bring in a bill accordingly.
Attt. R. WHITNEY Clerk.
AN ACT, annexing part of Windham to Londonderry.
It is hereby enacted by the General Assembly of the State of Vermont, That the dividing line between the towns of Windham and Londonderry, shall be hereafter known and established as hereafter described, to wit, beginning at the north line of Windham, where Middle Brook, so called, crosses the same, from thence southerly up said brook, to the foot of Glebe Mountain, so called, thence running a direct course, to the top of said mountain, to the ancient south line of Londonderry, any law heretofore to the contrary notwithstanding.
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