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Full text of "Men of Vermont: an illustrated biographical history of Vermonters and sons of Vermont"

MEN OF VERMONT: 



AN [LLUSTRATED 



BIOGRAPHICAL 



History of Vermonters 



SONS OF VERMONT. 




Compiled bv 

JACOB G. ULLERY, ^ 

•I 

Under the Editorial Supervision of HiRAM A. HUSE. 



Brattleboro. Vt. : 

TRANSCRIPT PUBLISHING COMPANY. 

1894. , 



F 4^ 



Copyright 1894 by JACOB G. ULLERY- 



Printed by the Transcript Publishing Cosifanv, 
HoLYOKE, Mass. 

Engravings by the Process Etching and Engraving Co.mi 
New York. 



ALL BORN UNDER THE SHADOW OF THE 

GREEN MOUNTAINS, 

THIS BOOK 

IS RESPECTFULLY DEDICATED. 




'^ 



PREFACE 



My first idea as to this work was tliat it should he made up of hiographical sketches 
and portraits of living Vermonters and Sons of Vermont who had attained prominence 
in the political, professional and industrial affairs of their communities ; and thus, through 
her most striking personalities, bring out the record of that sturdy and aggressive Vermont 
character (for, be it remembered, the Green Hills of Vermont have developed a distinct 
character) which has made the state famous as the birthplace and home of a nation's 
great men. No native of any other state has reason to be prouder of his state than a 
Vermonter. 

Such a work had never been attempted; the only previous effort in these lines con- 
fined itself to a few only of the leaders, thus leaving, practically, an unexplored field, and 
one rich in material and valuable historically. 

As the work progressed and possibilities unfolded, the suggestion was adopted that it 
should not be limited to men now living, but that it might be made of historic value and 
interest, in certain lines, by including those who were leaders in the founding of the state, 
and those who had been its Governors, its Senators and its Representatives in Congress, 
and its Judges, since its first struggles for admission to the Union, when it was a " little 
independent republic." In the preparation of this portion of the work I have endeavored 
to secure the assistance of the men best adapted to treat the subjects under consideration, 
and how well this judgment was founded my readers shall decide. 

That it could not have been made to include all who have, in past generations, made a 
record honorable to themselves and the state, is to me a matter of regret, but also of 
necessity, as to cover the whole field would require a life's work. 

As illustration is a demand of the times and contributes so much to the understanding 
of biography, it has been made a prominent feature in all departments of this work, and 
wherever possible I have embellished each sketch with an engraving of the subject. 

In Parts II and III of the work I have carried out the original intention, excejit that 
there have been added to the Sons of \'ermont sketches of all Vermonters who have re])re- 
sented other states in the National Congress. 

I have labored faithfully and earnestly to have the work include all who properly 

come within its scope. That the work contains mistakes of commission and omission 

within the lines of its intended performance, goes without saying ; but I trust that as it 

stands it will be of interest to the readers of this day, and that it will preserve something 

of historic value for the future. 

J. G. U. 

Bratileboro, April lo, 1894. 



CONTENTS. 



PART I. 



Introduction, by Redfield Proctor, . . • • ■ .11 

Introduction to Historical Biographies, by C. H. Davenport, . • '7 

The Fathers, .....••■ 20 

The Governors, . . . . • • • ■ 7' 

Senators in Congress, . . . • • • .104 

Representatives in Congress, . . . . • • '27 

Introduction to Judges of -ihe Supreme Court, by Hiram A. Huse, . .160 

Biographies of Judges of the Supreme Court, . . . • i6y 

Vermont Inventors, by Levi K. Fuller, . . . • • • '9' 

Queer Characters, by Hiram A. Huse, . . . • ■ 'O^ 



PART 11. 
Biographies of Vermonters, A. I). i892-'94, 



PART 111. 

B10GR.APHIES OF Sons of Vermont, . . ■ • • • '-'75 



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PART I 



HISTORICAL BIOGRAPHIES. 



BY CHARLES H. DAVENPORT. 



INTRODUCTION. 



Vermont has always been a nursery of remarkable men. Henry Cabot Lodge had an 
article in the Century Magazine of September, 1891, giving analytic tables of the birth- 
places and race descent of men whose names appear in the biographical dictionaries, that 
might at first view seem to discredit this statement, for it shows no more— hardly as many 
— from Vermont, than her proportion according to population. But this calculation neces- 
sarily credited to other states, chiefly Connecticut, where they were born, the fathers of 
Vermont ; the men who made one of the most romantic and inspiring chapters of modern 
history, and whose pioneer achievements, along some most important lines in humanity's 
upward progress, were made as Vermonters and in connection with Vermont — a natural 
evolution out of Vermont conditions. It is also to be remembered that ^'ermont is one of 
the young states. It is but little over a century since her career began. As we measure 
generations, there have been only three, native born to her soil, from which men of distinc- 
tion could come in season to be counted in Mr. Lodge's computation. Making due 
allowance for these facts, and for the smallness of her population, the Vermont crop of big 
men, doing their work at home or contributed to other states, other countries and fields, is 
proportionately larger than that of any other state in the LTnion. 

The physiologist and the psychologist alike have in this field an interesting line of 
thought. There are, in the rich soil and verdure, that wrung the words " Veni Monf from 
Champlain, as he first viewed it, in the pure water and bracing air, elements and influences 
that have given a superiority to Vermont products as recognized in all the markets, and have 
made her an exceptional breeding ground for fine horses and catde and sheep, of qualities 
of genuine and stable usefulness rather than fancy value. These elements and influences 
have had a hke effect in the rearing of the human animal. On the moral and intellectual 
side, the effect of environment, especially of a mountainous scenery, is seen even greater 
than with the people of Switzerland, because of a more variegated picturesqueness ; produc- 
ing a race of sturdy, robust, original, clear- thinking and right-reasoning about man's relation 
to man, all along up the rugged heights that reach towards the eternal problems. 



THE FATHERS. 



It was said by Dr. Dwight, during the early contests, that the \ermont settlers were 
made up of L' niversalists and infidels. This was an extreme and intolerant way of stating 
the fact that it was men of independent mould and bold thought, that were attracted to 
Vermont, and that the surroundings here were such as developed these characteristics. But 
it also included a statement that is full of meaning and that could hardly be made of any 
other pioneer settlements or of any immigration not purely religious in its motives, that the 



I 8 HISTORICAL BIOGRAPHIES. 

men who came to \'ermont were men interested in the subjects that engage the highest 
thought of man. We find their philosophy compressed into a sentence in the instructions 
of the committee of twenty towns at Westminster in June, 1775 : "All civil power under 
God is in the people." While their ideas stood to a certain extent for emancipation from 
the narrowness and dogmatism of that time, no people ever made a more generous and 
cheerful provision for religion than they, as the events of the next few years showed. There 
was in the good doctor's bigoted exaggeration, after all, the key to much of the \'ermont 
character and development. 

Human motives, of course, played their part in the story of Vermont, as they do every- 
where. There was land speculation mixed with patriotism. There was lawlessness growing 
out of some of the reasoning about a "state of nature," in which Ethan Allen and his com- 
peers were fond of finding the roots of our institutions. There was overreaching in some 
of the contests with "Yorkers." There was some manipulation of men on their baser side 
to strengthen the cause of the new state. There was perhaps a little too much of the 
Napoleonic ideal of statesmanship in the Haldimand negotiations.* But in the aggregate, 
in the large survey that gives the little hillocks of imperfection only their right proportion, 
the early history of Vermont is one the student can leave only with admiration that 
approaches reverence, for the courage that braved the most tremendous odds, the shrewd- 
ness that mastered the most complicated difficulties, the large comprehension of basic prin- 
ciples that made the work of the fathers of the state broadest and most enduring, as well as 
of the most progressive character. 

Consider the situation. With a population of only about three hundred families in the 
beginning, and not over one-tenth of that of New York at the end, the Vermonters were 
defying the whole power of that state, fighting for their very homes, on what their greatest 
jurist, Nathaniel Chipman, always feared would never stand the legal test as titles, but 
which were indisputable morally. Then as the Revolution approached, they took the lead in 
braving the powers of the Crown. They shed the first blood for America at Westminster, 
for the issues back of that massacre were substantially those of the Revolution They won 
the first decisive victory and achieved the first lowering of the British flag at Ticonderoga. 
They entered enthusiastically and probably with a greater unanimity than any other people 
in the country, into the cause of the colonies, and they wrung from Burgoyne the tribute 
that described them as the "most active and rebellious race on the continent, that hangs like 
a gathering storm upon my left." They, or their leaders, did some important and never 
fully appreciated work in negotiation with Indians and in securing alliances, or at least 
neutrality, from tribes at the north and the west. They took the lead of all the states in 
strengthening the resources of the Revolution — Ira Allen's bold conception — by confiscating 
the estates of the Tories. They organized and largely fought the turning point battle of the 
war at Bennington. While Burgoyne's army was marching down upon their borders they 
adopted at \Yindsor the constitution of the state, the purest conception of democracy, the 
best formulation of man's rights, that the world had seen up to that time. The Pennsylvania 
constitution was the model to a considerable extent ; but this document, the work of an 
assemblage of unlettered farmers, with probably not a lawyer nor a college graduate among 
them, of men who had thought out the principles of government while at work in their fields 
or in felling forests, went far beyond the Pennsylvania constitution in its reach for great 
truth, engrafted upon the model a large number of what seemed to be the most radical 
ideas at that time, caught from across the waters the light of the mighty philosophic thought 
that was beginning to stir Europe, and produced a constitution that for its practical sagacity 
as well as its enlightened scope must command the admiration of the ages — a constitution 
that was the first in modern times to put the ban on slavery — a constitution that advanced 
beyond the thought of Penn and of the great Franklin in securing compensation for 
private property taken for public uses, in guarding the right of hunting and fishing against 

*Bonaparte said about one of his ablest antagonists : "Metternich approaches being a 
Though a caustic reference, there was a Napoleonic conception back of it. 



HISTORICAI. HIIIGRAI'HIES. I9 

■exclusive privilege, in placing the right of governing internal [jolice as inherent in the peo- 
ple, and in provision against hasty enactment of laws — a constitution under which the little 
state grew and prospered as an independent little republic for fourteen years. 

And it was all done under constantly multiplying difficulties. Not only were the Ver- 
monters at war with New York and the mother country, but they soon found New Hamp- 
shire and Massachusetts laying claim to their territory, and not only that, but plans forming 
while Congress refused to recognize them as a state, to divide them up on the line of the 
mountains between New York and New Hampshire, and secession schemes fomenting for 
the formation of a new state out of parts of Vermont and New Hampshire, while at the 
same time a large section of the people of the southeastern part of the state were in revolt 
against their authority. All the conditions of disintegration into anarchy seemed to be 
present, and it was while these were at their height that Congress, very likely with the idea 
of forcing the plucky mountaineers to submission — even while they had a regiment fighting 
for the common cause in the Continental army and were advancing the money to pay the 
troops because Congress could not, vide resolve of June 9, 1780 — withdrew all protection, 
even to the last piece of ordnance and the last camp kettle from the Vermont borders, and 
left the state defenceless before the invasion organizing in Canada. The shrewd and mas- 
terful tactics of the .-Xllens, Chittenden and the rest were equal to the emergency on every 
side. They paralyzed the schemes of New York and New Hampshire by coolly incorporating 
into Vermont portions of those states, under the names of the East and West unions. They 
kept an army of 10,000 men idle and useless in Canada through three campaigns by ]ire- 
tending to negotiate for a return to allegiance to England — about the most skillfully 
prolonged deception that history records, and they used the fact of this negotiation as a 
•club to deter Congress from taking action to crush them. They steadily fortified them- 
selves against such an attempt by judicious land grants to officers of the Continental army, 
until, when an invasion of the state under authority of Congress was discussed, Washington 
had to confess that he couldn't depend on his army for such work. From a beginning 
with the famous "beech seal" discipline of intruders on their land under color of New- 
York titles, they organized well and permanently the machinery of justice : even in their 
outlawry, while defying all outside authority, they respected and observed the principles of 
law and of the jury system, as in the Redding case. They gave an administration whose 
taxes were so low as to make the people of adjoining territories anxious to join them ; this 
was the secret of the East and West unions. They developed from their healthful sense of 
right, many ideas in legislation that are well worth the attention of history. The "quieting 
act" to finally settle land titles, which Governor Chittenden finally pushed to enactment 
over the opposition of nearly all the lawyers, led the state by the path of equity out of diffi- 
culties and confusion that were simply inextricable and insoluble through the precedents and 
procedure of law, and did it all by applying the simple rule of justice. Much attention is 
being given by publicists of late years to the Swiss system of "Referendum," as a guard 
against some of the worst evils and dangers of representative government. Early Vermont 
history contains some striking examples of the benefits of it. The most notable was that 
which disposed of the paper money question. The delusion was having a great run ; people 
everywhere were harassed with debt ; executions were thick and multiplying ; cheap money 
seemed to be an easy way out of the trouble ; legislators, taking it for granted, as they always 
do, that what appealed to the selfish interests of their constituents would be popular, were 
eager to pass a paper money bill. Nathaniel Chipman, simply because he saw it could not 
be defeated in the Legislature, proposed a submission to popular vote. The result was that 
the cheap money scheme, supposed to be so popular because people were about all debtors, 
was overwhelmingly defeated. Vermont escaped the evil which wrought such disaster in 
nearly all the other states, and in this action largely lay the secret of her marvelous develop- 
ment of prosperity in the next two or three decades. It was a fine demonstration of the 
great principle that the truth lies more safely with majorities than anywhere else in human 
affairs. 



ALLEN, Ethan.— Typical of the times, 
the people, and the conditions, were the 
character and career of the man whose statue, 
by common consent, stands with that of 
Collamer in Statuary Hall at Washington as 
the representative Vermonter — Ethan Allen, 
"The Robin Hood of Vermont," Mr. Henry 
Hall calls him, and the figure, because of its 
own proportions and of its historic settings, 
is necessarily a romantic one — Ethan Allen, 
a born leader of men, with power to inspire 
and enthuse, to sway and guide, such as the 
great leaders of history have had. A\'here- 
ever he was placed he impressed with his 
potent personality. Washington wrote of him, 
after their first interview : " There is an orig- 
inal something in him that commands admi- 
ration." It was a something whose presence 
that great commander felt, besides the "for- 
titude and firmness and patriotic zeal " and 
the other qualities that he could see and an- 
alyze — a something that left deep and indeli- 
ble lines on our institutions, though Ethan 
Allen had so little part in the formal framing 
of them. Gov. Hiland Hall truly said ; "It 
is impossible to tell what the result of the 
dispute with New York would have been with- 
out Allen's aid." Bold, enterprising, ready 
and resourceful, fertile in daring exploits, full 
of confidence in his own powers of mind and 
body, ready of wit, with a singular faculty of 
forceful epigrammatic expression, chivalric in 
bearing and itnpulse, handsome of face and 
form, remarkable for his physical strength 
and endurance, a good judge of men, a 
natural orator who could address a court or 
a multitude with equal skill and effect, pa- 
triotic always in purpose and thoroughly 
grounded in democratic faith, Ethan Allen 
was remarkably well fitted for the part he 
played in life. 

Ethan Allen was born in Litchfield, Conn., 
Jan. lo, 1737, though three other towns, 
Woodbury, Cornwall and Salisbury, have 
been claimed as his birthplace. The blood 
was Anglo-Saxon, blending with a strain of 
the Norse, and Samuel Allen, one of two 
brothers who came to Chelmsford in 1632, 
was the .American progenitor. Ethan .Allen's 
father was Joseph Allen, a farmer in moder- 
ate circumstances but of good character, and 
his mother, Mary Baker, and his three 
brothers, Heman, Hebar and Ira, filled 
leading parts in the formation of Vermont, 
as did also another for a time, Levi, who 
finally turned Tory. Remember Baker was 
their cousin, and also a cousin by marriage 
of Seth Warner. 

Ethan married for his first wife, Mary 
Brovvnson, so that there was quite an exten- 
sive relationship among the leaders of our 



early settlement. It is said that Ethan 
started to fit for college under the tutorship 
of Rev. Mr. Lee, of Salisbury, but the death 
of his father left the family so poor that 
he had to give it up. It is evident from his 
earlier writings in the Vermont controversy 
that his education had been very defective, 
but his productions show the effects of con- 
stant effort at self-improvement all through 
his maturer years. But these very lacks 
probably contributed to his peculiar great- 
ness ; for they compelled a concentration 
of reading and thought, so that his naturally 
vigorous mind thoroughly assimilated what 
it got hold of; especially his knowledge of 
the scripture embellished and strengthened 
his rude eloquence. His career could never 
have been a commonplace one. 

He was early a man of enterprise in Con- 
necticut. In 1762, when he was only twen- 
ty-five, he entered with three others into the 
iron business at Salisbury. He afterwards 
lived at Sheffield, the southwest corner town 
of Massachusetts. In 1764 he bought a part 
of a tract of land on Mine Hill, in Roxbury, 
which contained a remarkable deposit of 
spathic iron ore, and large sums were spent 
in trying to develop it as a silver mine. Ex- 
cepit for these glimpses of his business under- 
takings, in farming, mining and casting iron- 
ware, little is known of him until he came 
to the New Hampshire grants about 1769. 
He had, in the three or four years previous, 
spent much time in exploring the grants for 
the purpose of locating lands. He first set- 
tled at Bennington, but afterwards lived at 
four other places, Arlington, Sunderland, and 
Tinmouth until he settled at Burlington, where 
he died. He immediately became a leader 
among the settlers in their land controversy 
with New York. The grounds of that contro- 
versy in their historical and legal bearings 
need not here be discussed. Suffice it to say 
that the practical moralities were with the 
settlers under the New Hampshire grants. 
They had taken the lands and improved 
them under what they had a fair right to re- 
gard as good titles and grants, under the au- 
thority of the Crown. When the jurisdiction 
was decided to belong to New York it ought 
not to have carried with it any change in the 
titles of bona fide settlers and purchasers, 
and if it had not, as was at first supposed 
would be the case, there would have been no 
trouble. Such a sense of equity as that of 
Chittenden and Chipman a few years later, 
in the "quieting act" to settle titles under 
Vermont authority, would have ended the 
controversy in a twinkling. But the fact 
of their settlement and improvement of these 
lands had increased values to tempt cupidity 



and the hea\y tees which each ,a:rant yieldcti 
to the colonial officials of New \'ork,madeit 
an object to feed this cupidity. The New 
York grants were chiefly in large tracts, and 
it was in fact, as the \'ernionters claimed, 
mainly a struggle between land jobbers and 
genuine husbandmen. Allen reached the 
marrow of the controversey when he wrote in 
one of his pamphlets ; "The transferring and 
alienation of property is a sacred prerogative 
of the owner — Kings and Governors can- 
not inter-meddle therewith ; common sense 
teaches common law." He studied the sub- 
ject exhaustively, knew it in all its relations, 
collected a great mass of historical and docu- 
mentary evidence and before the end was 
reached he had written a series of pamphlets 
whose vigorous sledge hammer arguments 
had convinced the world of the justice of the 
Vermont cause, and in this way gave it the 
vitality that enabled it to prevail through 
difficulties almost unexampled. He was not 
alone in defending the claim of the settlers 
with the pen, but there will be no disagree- 
ment in according to him the chief distinc- 
tion among them all. Most of his articles 
were published in the Hartford Courant, then 
the ofificial organ of the state, as Vermont at 
that time had no printing press ; but some 
appeared in the New Hampshire Gazette, 
and a few in handbills. 

At the very inception of the controversy, 
when he had been upon the grants but a few 
months, he was selected for an agent to 
defend the New York suits against the set- 
tlers, and went to New Hampshire and got 
copies of Governor Wentworth's commis- 
sions and instructions from the King. Then 
he engaged Jared Ingersoll of Connecticut 
as counsel, and in June, 1770, appeared at 
Albany to answer in a suit of ejectment by a 
New York claimant against a settler. The 
judge, Livingston, was a patentee under New 
York grants, interested directly or indirectly 
in 30,000 acres. So were the attorneys and 
court ofificers, nearly all, and a fair consider- 
ation of the case was the last thing they pro- 
posed to permit. All of .^lien's documents 
and deeds under New Hampshire authority 
were simply excluded as evidence, and the 
verdict was against him as arranged. After- 
wards some gentlemen called on him at his 
hotel, and representing how desperate the 
case was, urged him to go home and ad\ise 
his friends to make the best terms they could. 
He coolly replied, " The gods of the valleys 
are not the gods of the hills." .\sked his 
meaning, he told them that if they would 
come to Bennington it should be made clear. 
There is a New York yarn that he promised 
to do as advised ; but the facts of history all 
go to contradict it, and the evidence is that 
he was offered land grants for himself and 
appointments to office imder New \"ork au- 



thority if he would use his influence, which 
was already recognized to be considerable, to 
support the New \'ork side. He spurned 
the offer, as he always did all through his life, 
every attempt to induce him to betray a 
cause in which he was engaged. 

Then began the long struggle between the 
two jurisdictions, not to be finally settled for 
eighteen years, during the first few of which, 
after New Hampshire had abandoned them, 
the settlers were practically without govern- 
ment, except such as they improvised for 
their towns, acknowledging no other author- 
ity and no other allegiance except such as 
they agreed to among themselves, for mutual 
protection. The sheriff of Albany county 
repeatedly came with posses of from 300 to 
700 men to dispossess the farmers, but always 
without success, doubtless because the bor- 
dering people of New York, from whom the 
posses had to be recruited, had no heart in 
the work and no sympathy except for their 
fellow-farmers whom greedy aristocrats in 
the cities were using the law to dri\e out of 
their homes. The story has often been told 
of the raid on the farm of James Breaken- 
ridge, at Bennington, and its successful re- 
pulse without the firing of a gun. Here, 
Mr. Hall says, was really born the future 
state of Vermont. Allen was the leader of 
this resistance before and after it took organ- 
ized form. When the military organization 
was formed, towards the close of 1771, and 
Allen was elected colonel, with Seth W'arner, 
Remember Baker, Robert Cochrane and Gid- 
eon Olin captains, this regiment took the 
name of "Green Mountain Boys," in derision 
and defiance of Governor Tryon of New York, 
aftersvards the Tory leader, who had threat- 
ened to "drive the settlers from their farms 
into the Green Mountains." They repeat- 
edly drove off the New York authorities. 
They protected one another from arrest. 
They took in hand and disciplined anybody 
that ventured to survey or occupy lands un- 
der New York titles. Their method was 
generally that of the "beech seal," or, as 
Allen humorously described it, a "chastise- 
ment with the twigs of the wilderness, the 
growth of the land they coveted." 

The New York government, met and 
beaten at every point, in the winter of 
i77i-'72 offered a reward of ^150 for the 
capture of Allen and ^^50 for Baker and the 
others. .Allen, Baker and Cochrane ])romptly 
met this with a counter proclamation, dated 
at Poultney, Feb. 5, 1772, reciting that 
" whereas James Duane and John Kempe of 
New York (prominent lawyers and advocates 
of New York's claims) have by their men- 
aces and threats greatly disturbed the public 
])eace and rejiose of the honest peasants of 
Bennington and the settlements to the north- 
ward, * * * any person that will apprehend 



these common disturbers shall have /[i^ 
reward for Duane and ^lo for Kempe." 

Allen's personal comment on the act of 
outlawry was this ; " They may sentence us 
to be hung for refusing to voluntarily place 
our necks in the halter, but how will the 
fools manage to hang a Green Mountain 
Boy before they catch him?" An anecdote 
is told in this connection that illustrates his 
extraordinary daring and his power to awe 
' men. Fears were expressed for his safety 
after this act of outlawry. He offered a bet 
that he would go to .Albany and to the most 
prominent hotel, drink a bowl of punch and 
come back unharmed. .And he did it. When 
he reached the city and the hotel, he alighted 
deliberately from his horse, called for his 
punch and drank it, while the word flew 
round, " Ethan .Allen is in the city," bring- 
ing a large concourse of people, among them 
the sheriff of .Albany county himself. It was 
worth S750, in those days of scarcity of 
money, to anybody that would take him, but 
they all stood gaping and wondering, while 
.Allen leisurely enjoyed his punch, walked 
out, mounted his horse, and giving a " huzza 
for the (Ireen Mountains," rode off. On 
another occasion, which Thompson describes 
interestingly in his tale of the " Creen Moun- 
tain Boys," .Allen, while hunting on the shores 
of Lake Champlain, stopped over night at 
the house of Mr. Richards. .A party of six 
soldiers from Crown Point opposite, fully 
armed, determined to arrest him for the 
sake of the reward. .Allen drank with them 
boisterously and got them well soaked, while 
he simulated worse intoxication himself, and 
he and his companions, having been warned 
by Mrs. Richards, silentlv raised a window 
and escaped. 

These years were full of adventures like 
these, the expeditions against Clarendon, to 
breakup its " hornets nest " of Yorkers, the 
raid on Colonel Reed's Scotchmen along the 
Otter Creek, the trials of Benjamin Spencer, 
Benjamin Hough, and Jacob Marsh for ac- 
cepting commissions as judge and justices 
in disregard of the order in council that no 
citizen should do any official act under New 
York authority, the offering of the Bennington 
county Yorkers' house as " a burnt sacrifice 
to the gods of the woods in burning the logs 
of his house," as ."^llen quaintly told him — 
these are only a few of the incidents that 
have come down to us. I'he size and the 
intensity of the struggle are illustrated by 
Allen's declaration, perhaps e.xaggerated, in 
a letter to Governor Tryon in 1772, that 
over 1,500 families had been ejected from 
their homes and the "writs come thicker and 
faster." " Nobody," he adds, with a recur- 
rence to first principles, " can be supposed 
under law if law does not protect." 

Out of all this struggle was evolved, in i 774, 



an interesting scheme of which .Allen was a 
leading advocate, for the formation of a new 
colony to include the grants and stretch west 
and north of the Mohawk river to Lake 
Ontario. The capitol was to be Skeenes- 
borough, now \\'hitehall, and Col. Phillip 
Skeene was to be the Governor. He had 
gone to England to urge the project upon the 
ministry when the outbreak of the Revolution 
upset all plans. 

.After the Westminster massacre a meeting 
of committees was held at that place which 
passed resolutions to renounce and resist 
the authority of New York "until such times 
as life and property might be secured by it, 
or until the matter could be laid before the 
Crown and the people taken out of so oppres- 
sive a jurisdiction and annexed to some other 
government or erected into a new one." .Al- 
len and Col. John Hazeltine of TowMishend 
and Charles Phelps of Marlboro were ap- 
pointed a committee to prepare a remon- 
strance and petition to King George in ac- 
cordance with these resolutions, but the rapid 
march of events left no taste or opportunity 
for such work. The petition was never pre- 
pared, and the resolutions were the last pub- 
lic expression of loyalty to the Crown that 
ever came from Vermont. 

The Westminster massacre occurred March 
i3> i/TSi the battles of Lexington and Con- 
cord April 19, and Ticonderoga was cap- 
tured May 10. In these opening days of 
the Revolutionary struggle .Allen was among 
the most active of the patriots. Ever the 
unyielding advocate of the rights of man and 
a foe of oppression of all kinds, the issues of 
the Re\olution were in close line with those 
upon which he had been thinking and writ- 
ing for the past five years, and they were a 
kind to enlist all the sympathy and arouse 
all the ambition of a nature like his, while 
the Westminster affair had given the subject 
a practical personal interest to him and to 
all ^■ermonters. He plunged into the patri- 
otic work with a promptness, a resolution 
and farsightedness of plans that ought to 
have made him one of the foremost men of 
the struggle and probably would but for the 
misadventure at Montreal. He early dis- 
patched messengers with characteristic let- 
ters, to win over the Indians to the side of 
the colonies, or at least to neutrality, and 
thereby he did an important service to the 
cause which did not cease entirely to be felt 
until the end of the w-ar. Many of the red 
men were induced to come to Newbury,, 
some to settle and some to enter the service 
as scouts and spies. Some were sent to 
Washington's camp and some went to Can- 
ada, where they procured information that 
was highly valued by Washington and Schuy- 
ler. But while he was doing this work, and 
even before he had fairly gotten into it,. 



Allen had entered with all his zest into the 
project for the capture of Ticonderoga. 
Even before the spring o])ened, perhaps be- 
fore the \\'estniinster massacre, the plan had 
been formed. In the middle of February he 
wrote a letter, which is still extant in Massa- 
chusetts, to Oliver Wolcott of Connecticut 
that "the regiment of (Ireen Mountain 
Boys would assist their American brethren," 
in case of war. John Brown, a Massachu- 
setts lawyer who had been through the grants 
to Canada in the interest of the Massachu- 
setts committee of safety, wrote on March 
29, from Montreal to Boston : "The people 
on the New Hampshire grants have en- 
gaged to seize the fort at Ticonderoga as 
soon as possible, should hostilities be com- 
mitted by the King's troops." 

There were simultaneously in the latter 
days of April and early in May movements 
started for the capture from both Connecti- 
cut and Massachusetts. That from the 
former state was in charge of Edward Mott, 
afterwards a major in Colonel Gray's regi- 
ment, and it started out April 28 and 29, 
enlisting sixteen men before it arrived at 
Pittsfield, Mass., where John Brown was met 
on his way back from Canada and joined 
them. Thirty-nine more men were enlisted 
at Jericho and Williamstown, and the partv 
proceeded to Bennington, where a party of 
future ^'ermonters were gathered. No one 
dreamed of any one but Allen for com- 
mander, and he, full of energy and resolu- 
tion, goes ahead of the party to raise more 
men and make sure, by throwing trusted 
scouts still farther ahead, that no tidings of 
the approach reach the fort. But when the 
expedition reaches Castleton, May 8, it is 
overtaken by Benedict .Arnold, on horseback 
and with one attendant, to arrogantly claim 
the command, and show a commission from 
the committee of safety at Cambridge, Mass. 
The dispute for a time threatened to wreck 
the project. .Arnold persisted until the men 
declared that they would serve under no offi- 
cers other than those with whom they had 
engaged. Finally, when .Allen was overtaken, 
he good-naturedly averted the difficulty by 
agreeing that, while he should command, 
Arnold might accompany him at the head of 
the attacking party. 

There was great difficulty, and partial 
miscarriage of plans to procure boats to cross 
the lake, and as morning began to dawn. 
May 10, only eighty-three men had been 
got across, while Seth Warner, with the re- 
mainder of the two hundred and thirty men 
of the expedition was impatienty waiting on 
the Vermont side. .Mien saw that no time 
was to be lost, so he drew his men up in line, 
told them it was a desperate attempt that was 
about to be made and gave all who wished 
the pri\ilege of backing out, but asked those 



23 



who were willing to follow him into the fort 
to poise their fire-locks. Instantly e\ ery fire- 
lock was poised. " Face to the right," he 
cried, and he marched the men in three files, 
himself at the head of the center file, to the 
gate. A sentry at the wicker gate snapped 
his fuse at Allen, who pursued him with up- 
raised sword into the parade ground of the 
garrison. .Allen then formed his men so as 
to face the two barracks, and ordered three 
huzzas. .Another sentry, who had slightly 
wounded an officer with a bayonet thrust, 
and been struck in the head by .Allen's 
sword, begged for quarter, which was granted 
on condition that he show the way to the 
quarters of the commanding officer. Captain 
De La Place, which were in the second story 
of a barrack. .Allen strode up the stairway 
and summoned Captain De La Place to 
come out instantly or the whole garrison 
would be sacrificed. De La Place appeared 
at the door, trousers in hand, and asked by 
what authority the demand was made, elicit- 
ing the reply, which has gone thundering 
down the generations : "In the name of the 
i;reat JehovaJi and /he Continental Congress." 
The dazed commandant wanted more infor- 
mation and began further parley, but .Allen, 
with drawn sword, and voice and manner 
that admitted no trifling, repeated his de- 
mand for an immediate surrender. De La 
Place had to comply and ordered his men to 
parade without arms. .AH were treated by 
.Allen with characteristic generosity but as 
prisoners of war. .After the capture, .Arnold 
again demanded the command, greatly to the 
wrath of officers and men, and to end the 
assumption the committee of war gave .Allen 
a certificate signed by Lldward Mott, chair- 
man, requiring him to keep command until 
further orders from Connecticut or Congress. 

The capture was made on the very day of 
the first assembling of the Revolutionary 
Congress. It was the first surrender of the 
British flag, and had a great effect on the 
spirits of the country. Lieutenant-( lovernor 
Colden, in reporting it with other misfor- 
tunes to Governor Dartmouth, found his 
consolation in the fact that "the only peo]jle 
of any prominence that had any hand in 
this expedition were that lawless people 
whom your lordship has heard so much of 
under the name of the Bennington mob." 

The capture was followed by a rapid suc- 
cession of brilliant strokes. Capt. Sam Her- 
rick and his detachment had simultaneously 
captured Skeenesboro and Major Skeene, and 
seized a schooner and several bateaux there. 
Warner with a detachment of one hundred 
men was dispatched to Crown Point, which 
he captured the same day, with thirteen men 
and sixty-one pieces of cannon. .Allen and 
.Arnold with their sloop and a lot of bateaux 
proceeded to St. Johns on the i8th, where 



they or rather Arnold who went ahead of the 
bateaux, captured the King's armed sloop 
that was cruising the lake, and Allen attempt- 
ed a land attack though unsuccessful, being 
attacked by a superior force, and compelled 
to retire with a loss of three men. 

The whole of Lake Champlain within a 
little over a week had fallen into the hands 
of the Revolutionists. With Ticonderoga 
were taken without a blow, not only a fortress 
that had cost Britain years of struggle and 
vast expenditures of blood and treasure, but 
stores of incalculable benefit to the army 
near Boston, including one hundred and 
twenty iron cannon, fifty swivels, ten tons of 
musket balls, three cart-loads of flints, a ware- 
house full of material for boat building and a 
large quantity of other supplies and material. 

Allen's conceptions were Napoleonic. He 
proposed at once to follow up his success 
with the capture of Canada, which was almost 
depleted of British forces, there only being 
about seven hundred regulars in the province, 
and where a large part if not an actual major- 
ity of the people were ready to rise in sympa- 
thy. It was a great opportunity lost. If 
there had been in Congress energy and fore- 
sight equal to Allen's the whole course of the 
war would have been changed and the geog- 
raphy of America made a century ago what it 
may take a century yet to make it. And Ethan 
Allen would in all likelihood have ranked 
next to Washington among the Revolutionary 
commanders. Allen wrote to Congress May 
29 : "The Canadians (all except the noblesse) 
and also the Indians appear at present to be 
very friendly to us ; and it is my humble 
opinion that the more vigorous the colonies 
push the war against the King's troops in 
Canada, the more friends we shall find in 
that country." 

He offered to "lay his life on it" that "with 
fifteen hundred men and a proper train of 
artillery," he would take Montreal. Then 
"there would be no insuperable difficulty to 
take Quebec, and set up the standard of 
liberty in the extensive province whose limit 
was enlarged purely to subvert the liberties 
of America." He pointed out that the only 
possible defense for the British against such 
a diversion would be to draw troops from 
General Gage in front of Washington at 
Boston, and the result would surely be to 
"weaken General Gage or insure us of Can- 
ada." Lake Champlain, he shrewdly argued, 
was "the key of either Canada or our country, 
according as which party holds the same in 
possession and makes a proper improvement 
of it. The key is ours as yet, and provided 
the colonies would suddenly push an army of 
two or three thousand men into Canada, they 
might make a conquest of all that would op- 
pose them. * * Our friends in Canada 
can never help us until we help them." 



The imagination cannot help but draw 
pictures of the results of such a master- 
stroke. The enthusiasm following the cap- 
ture of Ticonderoga, and the successful 
dashes about the Lake, gave the .-Americans 
every advantage in pushing their victory. 
The success of Allen's "political preaching" 
a few months later showed how receptive 
the Canadians were. (Even in September 
James Livingston reported "them all friends, 
and a spirit of freedom seems to reign among 
them.") And the dissatisfaction with British 
rule that has continued ever since, with the 
repeated though ill-fated uprisings to win 
the independence the people of the .States 
had secured, indicate something of the tre- 
mendous advantage it would have been to 
have these people as allies rather than ene- 
mies — a part of the new republic instead of a 
base for British operations all through the war. 
Burgoyne's expedition would never have 
been thought of. The Indian alliances with 
all their bloody work, which the officers of 
the Crown negotiated, would have been be- 
yond their reach, and all the fighting that 
was done by Indians would have been, under 
the plans launched by .Allen, on the side of 
the colonists. How much this one fact 
alone would have meant for American his- 
tory in the last one hundred years ! Allen's 
project, with proper support, could hardly 
have failed of success, because it would have 
been undertaken with advantages that were 
largely gone when the expeditions of the 
fall were undertaken. If it had failed, its 
defeat would have been accomplished by so 
weakening Gage as to make it more than 
probable that he would have been crushed 
by Washington. On the other hand, it is to 
be remembered that success would have 
meant the incorporation of Canada, with 
problems of church and state, of race and 
education, with which, as we can now see, 
our American system could not safely have 
loaded itself, besides all the other problems 
it has had to solve. .And it would probably 
have made impossible the independence of 
Vermont with its valuable additions to the 
democratic thought of the age. So we can 
see how the most disappointing things of 
history do their part in working out mighty 
results of righteousness. 

xAUen flooded the Continental Congress 
and the provincial congresses of New York 
and Massachusetts with letters and petitions 
and arguments in favor of his project and in 
remonstrance against a plan advanced in the 
Continental Congress to remove the stores 
and cannon of Ticonderoga to the south end 
of Lake George, which he declared truly, 
" meant ruin to the frontier settlements which 
are extended at least 100 miles to the north- 
ward of that place." Backed by the pro- 
tests of Massachusetts, Connecticut and New 



-5 



York, he secured the abandonment of that 
plan. In the meantime he went ahead with 
letters, proclamations and embassies to the 
Indians and Canadians to prepare the way 
for an invasion, exhibiting a vigor and adroit- 
ness that evidenced his high quality of lead- 
ership. May iS he wrote the merchants of 
Montreal, calling for provisions, ammuni- 
tion and liquors, assuring them that it should 
all be paid for and that his orders were not 
to "contend with or in any way injure or 
molest" them, "but, on the other hand, to 
treat them with the greatest friendship and 
kindness." May 24 he addressed a letter to 
the Indians, calling them "brothers and 
friends," telling them how King George's 
troops had killed some of their "good friends 
and brothers at Boston,' how Ticonderoga 
and Crown Point had been taken with all 
their artillery and two great armies raised, 
one of which was commg to fight the King's 
troops in Canada, and how he hoped the In- 
dians, as "good and honest men, would not 
fight for King Ceorge against your friends 
in America, as they have done you no wrong, 
and desire to live with you as brothers ;" 
how he had always been a friend to Indians 
and hunted with them many times ; how his 
warriors fought like the Indians in ambush, 
while the British regulars stood all along 
close together, rank and file ; how he would 
give them blankets, tomahawks, knives, paint 
and anything, and "my men and your men 
will sleep together and eat and drink to- 
gether and fight regulars because they first 
killed our brothers." The letter was most 
shrewdly calculated to impress the Indian 
mind, and its arguments were reinforced by 
sending "our trusty and well-beloved friend 
and brother," Capt. Ninham of Stockbridge 
and Winthrop Hoit of Bennington, who had 
long lived among the Indians and was an 
adopted son of one of the tribes, as embas- 
sadors to them to further explain the good 
intentions of the Americans. 

There is no doubt that if Allen's policy 
had been promptly and systematically fol- 
lowed the trouble from the Indians in the 
later years of the war might have been 
greatly avoided. June 4 he issued a procla- 
mation to the French people of Canada, 
appeahng to their sense of "justice and 
equitableness " not to "take part with the 
King's troops in the present civil war against 
the colonies," for they were fighting in a 
common cause to "maintain natural and 
constitutional rights," and assuring the peo- 
ple that his special orders were "to befriend 
and protect you if need be ; so that if you 
desire our friendship you are in\ited to 
embrace it, for nothing can be more unde- 
sirable to your friends in the colonies than a 
war with their fellow-subjects the Canadians, 
or with the Indians " "Prav," he added, 



"is it necessary that the C'anadians and the 
inhabitants of the English colonies should 
battle with one another? God forbid '. 'I'here 
is no controversy subsisting between you and 
them. Pray, let Old England and the colon- 
ies fight it out, and you, Canadians, stand by 
and see what an arm of flesh can do." ISut 
his vigorous scheme of invasion was too much 
for the nerveless control of that time. There 
was indeed at first some disposition to apolo- 
gize for the seizure of Ticonderoga and Crown 
Point, and it was not until autumn that an 
invading army was put in motion. Allen 
wrote, August 3, " I fear the colonies have 
been too slow in their resolution and prepa- 
tion." 

Allen and U'arner went to Philadelphia 
and Albany to urge the scheme on the con- 
tinental and provincial congresses. They 
were received with considerable honor at 
both places, though they were still placarded 
as outlaws by the New York government. 
The result, after long urging, was that the 
New York Congress, on the recommendation 
of the continental body, authorized the rais- 
ing of a regiment of Green Mountain Boys, 
to be commanded by officers chosen by 
themselves. .Another mortification followed 
for .Allen, for when a committee of towns 
met at Dorset, July 27, to choose a lieutenant- 
colonel to command the regiment, Seth \Var- 
ner was elected by a vote of 41 to 5. Not- 
withstanding the high merit as an officer 
always displayed by Warner, it is difficult to 
account for this action, in view of Allen's 
recent achievements, the large capacity he 
had shown and the unanimitv with which he 
had been regarded as the leader only a few 
weeks before. .Allen himself, in a letter to 
Governor Trumbull of Connecticut, attri- 
buted it to " the old farmers who do not in- 
cline to go to war," saying he was in the fa- 
vor of the officers of the army and the young 
Green Mountain Boys. He hoped, however, 
to get a commission from the Continental 
Congress, and when, in the fall, General 
Schuyler invited him to accompany the ex- 
pedition to Canada, with the understanding 
that he should be regarded as an officer, and 
have command of detachments as occasion 
required, he accepted. But this service had 
continued only about three weeks when it 
was ended by his capture before Montreal. 
.Schuyler sent him on several expeditions 
" preaching politics " and extending the work 
he had so hopefully began to arouse and or- 
ganize the people of Canada into support of 
the Revolution. He met with sweeping suc- 
cess ; the Canadians guided and guarded 
him through the woods ; enthusiastic crowds 
greeted him in the villages ; the Caughna- 
waga Indians, some of whom had been among 
the British skirmishers, sent him assurances 
that they would not take up arms on either 



side. September 20 he wrote to General 
Montgomery that he had 250 Canadians 
under arms, and that he could raise one or 
two thousand in a week's time, but would 
first visit the army with a less number and if 
necessary go again recruiting, and he added : 
" I swear by the Lord I can raise three times 
the number of our army in Canada, provided 
you continue the siege." 

All these hopes were dissipated by the 
misadventure at Montreal, Sept. 24. While 
returning to camp, as he had written to Mont- 
gomery, Allen met Maj. John Brown, the 
Pittsfield lawyer, who had in the spring made 
the reconnoitering expedition into Canada, 
and had now entered the service, and who 
was at the head of a force of about two hun- 
dred Americans and Canadians, and a plan 
was concocted .between them and their offi- 
cers to surprise and capture Montreal. Brown 
was that night to cross the St. Lawrence 
above the city and Allen below, and at a sig- 
nal of three huzzas, they were to attack si- 
multaneously. Brown, for some reason never 
explained, failed to fulfill his part. Doubtless 
some unforeseen obstacle prevented, for he 
was a brave and capable officer ; but he was 
killed at Stone Arabia, in the Mohawk valley, 
in a battle with the Tories and Indians, Ocf. 
19, 1780, and his story about the Montreal 
attack was never told. Allen crossed over 
his force of no men, according to agree- 
ment, taking nearly the whole night for the 
task, as he had but few canoes. When he 
failed to get the signal from Brown, he saw 
he was in a scrape, but concluded to stand 
his ground as he could not get off over a 
third of his force at a time, and the enemy 
would surely discover the attempt. So he 
dispatched a messenger to Brown and to 
L'Assumption, a French settlement where 
lived a Mr. Walker, who was on the side of 
the patriots, to hurry on assistance. Allen's 
hope was to hold his ground until aid could 
arrive, and Walker had raised a considerable 
force to march to him, when he learned of his 
surrender. Allen placed guards between his 
position and the town, with orders to let 
nobody pass or repass. A good many pris- 
oners were detained in this way early in the 
day, but one of them managed to escape and 
went to Ceneral Carlton in the city, who had 
made every preparation to take refuge in his 
ships, exposed the weakness of Allen's force, 
and so brought on an attack in the middle of 
the afternoon, before assistance could arrive. 
Carlton marched out with a force of about 
five hundred men, chiefly Canadians and 
residents of the city, and including only 
forty regulars. Allen's force was made up 
of only thirty Americans and eighty Cana- 
dians, but he was in a well-selected position, 
and he defended it bravely and skillfully for 
an hour and three-quarters, until nearly all 



his Canadians had deserted him, when he 
finally surrendered with a force of thirty-one 
effective men and seven wounded, on being 
assured good quarters for himself and men. 

Schuyler and Montgomery both com- 
mented severely in letters and reports on 
Allen's rashness in making the attack single- 
handed, and this \ievv was excusable with 
the information they had at the time. They 
knew nothing apparently of the plan of con- 
cert with Brown, or how surely it would have 
succeeded if Allen had had the co-operation 
he had a right to depend on. They only 
knew the consequences of defeat, which were 
so disastrous, putting "the French people 
into great consternation," as Warner wrote, 
and "changing the face of things," as a Tory 
wrote to Covernor Franklin of New Jersey 
(the son of the great Benjamin Franklin). 
"The Canadians," he added, "were before, 
nine-tenths for the Bostonians ; they are now 
returned to their duty." 

But no such excuse can be urged for the 
historian, Bancroft, who, writing with all the 
knowledge of later years, charges that Allen's 
officers opposed the project, but that he 
"with boundless rashness indulged himself a 
vision of surprising Montreal as he had sur- 
prised Ticonderoga." Even Go\'. Hiland 
Hall was not fair and full when he said the 
attempt was due to Allen's "ambition to dis- 
tinguish himself, and add to the laurels won 
at Ticonderoga." The truth is that the at- 
tack instead of being a reckless exhibition of 
Allen's vanity was planned after a full con- 
sultation, on the united judgment of all the 
officers in both commands, and it only failed 
bv one of those military accidents which can 
never be provided against, in Brown's fail- 
ure to co-operate. Carlton practically ad- 
mits this in his report when he shows how 
poorly prepared Montreal was for attack, 
and how he was on the point of abandoning 
the city when he learned from the escajsed 
prisoner of Allen's weakness. The effect of 
the failure on the Canadians only shows 
correspondingly how beneficial the effect of 
success would have been. The people were 
wavering, chiefly to be on the winning side, 
inclined to the American side, perhaps, but 
fearful of the consequences if the British 
prevailed. What was needed above all else 
was to impress them with confidence of 
American success. Delay had dimmed the 
eclat of Allen's victories on Lake Champlain, 
but another brilliant stroke, like the capture 
of Montreal, would revive it, powerfully im- 
press an imaginative people, and draw them 
in great masses to the American standard. 
Allen and Brown had, in their intercourse 
with the people, learned the importance of 
such a stroke, and hence the enterprise. 

Allen's "narrative" of his captivity gives 
us all the information we have of it and it 



27 



was full of exciting and characteristic inci- 
dents. He had just handed over his sword 
when an Indian rushed u]> and attempted to 
shoot him. .\llen instantly twitched the 
ofificer to whom he had handed his sword 
between him and the savage. Then another 
"imp of hell," as .Allen described him, at- 
tacked and Allen only saved himself from 
being murdered by twitching the otificer 
around him with such swiftness that neither 
of the Indians could reach him or get 
aim at him without endangering the officer. 
He keep this up several seconds until 
another ofificer and an Irishman interfered 
and drove the Indians away. .Allen then 
walked with the officers to Montreal, meet- 
ing in the barrack yard (ieneral Prescott, 
who, when he learned that it was the Colonel 
-Allen of Ticonderoga fame, broke into a tor- 
rent of abuse, shook his cane over .Allen's 
head until the latter shook his fist and as- 
sured the general that it would be " the 
beetle of mortality" for him if he struck. It 
would have been interesting to see this af- 
fair to its conclusion, but other officers 
stayed its progress by reminding the enraged 
general that it would be inconsistent with 
his honor to strike a prisoner. Then Pres- 
cott, according to .Allen's narrative, ordered 
forw-ard a sergeant's command to kill the 
thirteen Canadians who were included in 
the surrender. Allen's magnetic boldness, 
as so often in his career, here served a use- 
ful purpose. He stepped between the e.x- 
ecutioner and the prisoners, opened his 
clothes and told Prescott to thrust the bayo- 
nets into his breast, for he was the sole cause 
of the Canadians taking up arms. Prescott 
was of course thrown into a quandary ; he 
dared not execute a man of .Allen's promi- 
nence, in violation of the capitulation, and 
dared not carry out his brutal purpose 
against the prisoners in the face of such a 
man's protest. Allen had evidendy calcu- 
lated on all this; his "recklessness" usually 
had calculation behind it. .As he says : "My 
design was not to die, but to save the Cana- 
dians by a finesse." Prescott, after a little 
hesitation, replied with an oath : "I will 
not execute you now, but you shall grace a 
halter at Tyburn." 

Then began Allen's two years and eight 
months of captivity, most of it filled with the 
most brutal abuse, but relieved with a few 
gleams of soldierly magnanimity. He was 
first put on board the ship of war Gaspee in 
the harbor and kept in irons six weeks. The 
leg irons he describes as weighing thirty or 
forty pounds with a bar eight leet long, 
and so heavy that he could only lie on his 
back. He wrote to Prescott and Carleton 
protesting against such usage and contrast- 
ing it with that he had accorded to the 
prisoners he took at Ticonderoga ; but with- 



out eliciting a reply, though he was finally 
transferred to another shij) where he was \ery 
generously treated. The imjjression that he 
always made on manly men was illustrated by 
the conduct of Captain Littlejohn, the com- 
mander of the latter ship. The captain swore 
that a brave man should not be treated like a 
rascal on board his ship ; he refused to keep 
.Allen in irons, and gave him cabin fare with 
the officers. So far did this friendship go 
that when Littlejohn was challenged to a 
duel he accepted Allen's offer to act as his 
second, going to the field in disguise, on 
.Allen's pledge of honor that whatever the re- 
sult of the duel he would return to the ship. 
But this mark of confidence was prevented 
by the interference of other British officers 
who at the last moment settled the contro- 
versy without fighting. But this ])olite treat- 
ment lasted less than a fortnight when, on 
the appearance of Arnold before Quebec, 
.Allen and the other prisoners were placed on 
board a merchantman, the .Adamant, and 
shipped to England.- Their treatment under 
the inspiration of a junto of Tories aboard 
was most villainous. Thirty-four of them 
were confined, hand-cuffed, in a little room 
20x22, so dark that they could not see one 
another, filled with vermin and an intoler- 
able stench, denied an adequate supply of 
water, where suffering from diarrhcea and 
fever they were compelled to eat, sleep and 
perform all the offices of life. .Allen had a 
fight before he would go into the filthy in- 
closure. He first protested against it as a 
disgrace to honor and humanity, but was 
told that it was good enough for a rebel, that 
anything short of a halter was too good for 
him, and that a halter would be his portion 
as soon as he reached England. In the 
course of the dispute a lieutenant among the 
Tories spit in his face. .Allen, hand-cuffed 
as he was, sprang upon him, knocked him 
partly down, pursued him in fury to the 
cabin where the lieutenant, thoroughly 
frightened, got under the protection of a file 
of men with fixed bayonets. .Allen chal- 
lenged the man out to meet him in hand- 
cuffs as he was, which the cowering fellow 
would not do. But the soldiers finally forced 
.Allen at the point of the bayonet into the 
hole. 

.Arriving at Falmouth, in England, he and 
his men were shut up tor a few weeks while 
the ministry decided what to do with him. 
He was a subject of general interest. Bets 
were laid in London that he w-ould be 
hanged. Parliament debated the question. 
Crowds of people came to see what, up to 
that time, was the most romantic, and, be- 
cause of what he had done, the most feared, 
figure of the Revolution. He often, while 
walking in the spacious parade of the castle, 
would stop and harangue the crowds assem- 



28 



bled to see him, telling of the impractica- 
bility of Britain's conquering the colonies, 
expatiating on American freedom, and im- 
pressing all with his boldness in such talk 
while the question of his execution was still 
under consideration. It was a part of a 
shrewd game of bluff, .\nother part he 
humorously details in telling how he " came 
Yankee " over the prison authorities. He 
asked for the privilege of writing a letter to 
Congress, which the commander of the 
castle granted after consultation with a su- 
perior officer. Allen wrote in this letter of 
his ill-treatment, how he and his companions 
were kept in irons by General Carleton's 
order, but urged Congress to desist from 
retaliation until the results of the treatment 
of himself and companions were known, and 
then that the retaliation should be, " not 
according to the smallness of my character 
in .America, but in proportion to the impor- 
tance of the cause for which I suffered." 
The letter, of course, went, as expected, 
straight to Lord North instead of Congress, 
and its design, as .Allen says, was " to intimi- 
date the haughty English government and 
screen my neck from the halter." Another 
thing that helped him is that there was an 
attempt to win him back to the British 
cause. This fact has been found by B F. 
Stevens in official correspondence in the 
British archives at London. An "officer of 
high rank," whose name does not appear, 
was sent to him to represent that the injuries 
he had suffered from New York arose from 
an abuse of an order in council, and if he 
would return to allegiance to the King he 
should have a full pardon, his lands be re- 
stored to him, he and his men sent back to 
Boston, and he placed in command of a 
company of rangers ; but if he refused, they 
must all be disposed of as the law directs— 
a delicate way of intimating that he would 
grace a gallows, .\llen onlv makes a brief 
allusion to this incident. 

But the event shows that he spurned the 
bribe and dared the government to do its 
worst. His bold demeanor won the sympathy 
of liberal-minded people. He learned after- 
wards, he says, that there was a move for a writ 
of luil'eas corpus to obtain for him his liberty. 
In consequence of all this, it was determined 
in cabinet meeting, Dec. 2 7, to get rid of the 
problem by ordering Allen and his associates 
to be returned to America as prisoners of 
war, and he was, Jan. 8, i 776, placed in irons 
on board the man-of-war Solebay, Captain 
Symonds, where he again had to undergo 
harsh and brutal treatment. When the fleet 
rendezvoused at Cork some benevolent gen- 
tlemen in that city undertook to supply the 
prisoners with the necessaries which the 
ship's officers denied, and sent aboard com- 
plete outfits of clothing, with sea stores. 



meats, wines and liquors, most of which 
Captain Symonds promptly appropriated, 
swearing that the "damned American rebels" 
should not be feasted by the "damned rebels 
of Ireland." A few guineas of money from 
his generous friends, however, did remain 
with .Allen, and his conclusion from this af- 
fair and his other experience was that as a 
people the Irish "excel in liberality and gen- 
erosity." He tells of a characteristic encoun- 
ter he had with the captain sometime after 
they left Cork. The purser was ordered not 
to sell to Allen some medical supplies of which 
he was in need, and when .Allen remonstrated, 
saying he was sick, the captain replied that it 
did not matter how soon he was dead ; he 
was not anxious to preserve the lives of 
rebels. Allen again contrasted, as he was 
fond of doing, the treatment of their pris- 
oners by the Americans, and argued that as 
the English government had not proceeded 
against him as a capital offender, English 
officers had no right to, but as he had been 
acquitted by being sent back as a prisoner 
of war he was entitled to be treated as such. 
Furthermore, it was not policy for them 
by harsh usage to destroy his life, for if 
li\ ing he might redeem one of their officers. 
The captain retorted in a rage that the Brit- 
ish would surely conquer the rebels, hang 
Congress and the leaders, Allen in par- 
ticular, and retake their own prisoners, so 
that his life was of no consequence in their 
policy ; besides it was not owing to the hu- 
manity of the Yankees, but their timidity, 
that they treated prisoners so well. This 
was really the prevalent idea up to Burgoyne's 
surrender. Allen's reply was that if they 
waited until they conquered .America before 
they hung him he should die of old age, and 
in the meantime he would like to purchase 
of the purser with his own money such arti- 
cles as he really needed. .Allen came off 
first best in the argument as he usually did ; 
but he did not get the permission. The 
fleet proceeded by way of Madiera to Cape 
Fear in North Carolina, where the prisoners 
were all collected and put on board the frig- 
ate Mercury, Capt. James Montague, who 
was even more bigotedly brutal in his treat- 
ment. He e\ en forbade his surgeon to ad- 
minister help to any sick prisoner, many of 
whom were suffering with scurvy, and cut 
their food down to barely a third of the usual 
allowance. Allen shared equally with the 
rest, though the men offered him more. 
From Cape Fear they went to Halifax, ar- 
riving about the middle of June, where Allen 
managed to secure some alteration of their 
treatment by sending a letter of complaint 
through a sympathetic guard to Governor 
.Arbuthnot, who ordered them transferred to 
the Halifax jail. Allen, however, there suf- 
fered severely from jail distemper, for which 



29 



he found a remedy in raw onions, which the 
other prisoners used to advantage. In Octo- 
ber they were sent on board the Lark frigate, 
bound for New York, Captain Smith, who 
drew the first tears of his captivity from Allen 
by his kindly and cordial treatment, inviting 
him to dinner and assuring him that he 
should be treated with respect by the whole 
crew. Smith, it appears, had before got him- 
self into trouble with some of his superiors 
by his vigorous protests against their inhu- 
man conduct towards the prisoners. Allen 
expressed, as best he could, his gratitude at 
this unexpected kindness, and his fear that 
it would never be in his ])ower to return the 
favor. 

Smith replied, like the hearty tar, the true 
soldier he was, that he had no reward in 
view ; he only aimed to treat his prisoner as 
a gentleman should be treated ; but this, he 
said, is a mutable world, and one gentleman 
never knows how soon it may be in his power 
to help another. This came true sooner 
than he ever knew, for while the ship was 
skirting along the coast, one of the prisoners, 
Captain Burk, formed a conspiracy with an 
under officer and some of the crew of the 
ship to kill the captain and the principal 
officers and take the ship with ^35,000 
sterling in the hold, into one of the Ameri- 
can ports. They laid the plan before .Allen 
and urged him to enlist the other prisoners 
in the design. Allen refused absolutely and 
showed what a sorry return it was for the 
chivalric kindness they had received. Asked 
to remain neutral, he gave emphatic notice 
that he would fight by Captain Smith's side 
if the attempt was made, but he assured them 
that if they would give up the project he 
would respect their confidence and keep the 
secret, guarding their lives with the same 
honor as he would Captain Smith's, and such 
was his power over men and their faith in 
him that the matter rested right there. 

In November the prisoners vvere landed 
in New York, where he was placed on parole 
and remained for eighteen months in com- 
parati\e comfort himself, though he tells a 
harrowing story of the way the private sol- 
diers were treated. He exerted himself a 
good deal to alleviate their condition, but 
with little success. He held Sir William 
Howe personally responsible for these cruel- 
ties and in his "narrative" in his extravagant 
style denounces him and James I>oring, a 
Tory, and the commissary of prisoners, 
especially, as "the most mean-spirited, cow- 
ardly, deceitful and detestable animals in 
God's creation below, and legions of infer- 
nal devils, with all their tremendous horrors, 
are impatiently ready to receive Howe and 
him with all their detestable accomplices 
into the most exquisite agonies of the hottest 
regions of hell fire." 



( )f the thirty-one men captured with him 
two died in imprisonment, three were ex- 
changed and all the rest made their escape 
at one time or another. It was while at New 
York that the second attempt was made to 
seduce his allegiance, by an officer who came 
to his lodgings, told him that his fidelity, 
though in a wrong cause, had recommended 
him to General Howe, who wished to make 
him colonel of a regiment of Tories ; pro- 
posed to send him back to England to be 
introduced to Lord George Germaine, and 
probably to the King, and return with Hur- 
goyne ; he should be paid richly in gold, in- 
stead of rag money, and receive for his ser- 
vices in reducing the country a large tract of 
land in Connecticut or Vermont, as he pre- 
ferred. .Allen replied that if by fidelity he 
had recommended himself to General Howe, 
he "should be loth by unfaithfulness to lose 
the general's good opinion : besides, I view 
his offer of land to be similar to that which 
the devil offered our Saviour, to give him all 
the kingdoms of the world to fall down and 
worship him, when the poor devil had not 
one foot of land on earth." 

Allen was e.xchanged May 3, 1778, for 
Colonel .Alexander Campbell, and after two 
days of courteous entertainment at General 
Campbell's headquarters he crossed New 
Jersey to Valley Forge, where he was enter- 
tained by Washington for several days and 
received marked honors from Putnam, (lates, 
Lafayette, Steuben and all the officers and 
men who were heroically maintaining the 
country's cause in its very darkest hour. He 
wrote a letter to Congress offering his ser- 
vices to the cause in any capacity where he 
could be useful, and then proceeded to l^en- 
nington, going most of the way in company 
with Gates, who treated him royally, and 
everywhere being received with acclamations 
by the people, and reaching home Sunday 
evening. May 31, where the expressions of 
love and enthusiasm could not be restrained, 
even in that orthodox populace, and cannon 
boomed welcome from the people, who had 
long supposed him dead. Fourteen guns 
were fired, one for each state and one for 
Vermont. His brother Heman had just died 
at Salisbury, Conn., while he was on his 
journey home. His only son had died dur- 
ing his captivity. His wife, in feeble health, 
and four daughters were in Sunderland. 

He at once asserted his old powers of 
leadership. .Another characteristic incident 
introduced him to it. David Redding had 
been convicted of treason and sentenced to 
be hanged. .\ rehearing was petitioned for 
on the ground that his conviction was a vio- 
lation of the common law, being by a jury 
of six instead of twelve. Governor Chitten- 
den had granted a reprieve to June 11. The 
populace, very bitter against Redding, was 



30 



disappointed, angry, and threatening to take 
the law into its own hands, when Allen ap- 
peared and cried : "Attention, the whole 1 " 
and he proceeded to explain the illegality of 
the trial, and told the people to go home and 
return in a week, and they should " see a 
man hung ; if not Redding, I will be." The 
crowd obeyed. Allen was appointed attor- 
ney for the state at the next trial, and he 
secured Redding's conviction. 

He was selected to write a reply to a pro- 
clamation of clemency issued by Governor 
Clinton the February previous, in which the 
New York (Governor charged Vermont's 
wrongs to the British government while 
New York was a colony, and offered to recall 
the outlawry act, to revoke all unjust prefer- 
ence in grants, reduce the quit rents to the 
New Hampshire basis, make the fees of 
patents reasonable, and confirm all grants 
made by New Hampshire. Allen's reply, in 
a pamphlet, was skillful, and made clear the 
impracticability of what seemed and doubt- 
less was intended to be a fair proposition. 
He showed that as a matter of fact most of 
the New Hampshire and Massachusetts 
grants had been covered by New York pat- 
ents and that as a matter of law it was impos- 
sible for New York to cancel her former grants, 
and cited the opinion of the lords of trade 
to that effect. Many people had been eager 
to accede to Governor Clinton's terms, but 
Allen's argument was so strong, the rights of 
self-government so well stated, that the tide 
of public opinion was completely turned. 
Probably it prevented a dissolution of the 
state government. Here again, as well as 
in the initial stages of the controversy, was 
it true, as his best biographer, Henry Hall, 
says : " But for him the state of Vermont 
would probably never have existed." 

He was three times sent on embassies to 
Congress, first in August, 1 7 yS, with reference 
to the trouble with New Hampshire over 
the "Eastern union." He performed the 
delicate duties with great tact and reported 
strongly advising the dissolution of that 
union and saying that unless it was done "the 
nation will annihilate Vermont." He was 
again sent in i 779 with Jonas Fay, to defend 
the new state's action, and to show Congress, 
as they wrote July i, 1779, that they were 
"willing that every part of the conduct of the 
people we represent should at any convenient 
time be fully laid before the Grand Council 
of America" but considering all the embar- 
rassments of the country "would be far from 
urging a decision * * until you can have 
leisure to take it up deliberately." The third 
mission was with Fay, Stephen R. Bradley, 
Moses Robinson and PaulSpooner in 1 780 to 
defend Vermont's case against the claims of 
all three of the adjoining states, and the 
duties were performed with skill and address. 



He was also, ( )ct. 19, 1799, appointed 
agent to wait on the Council and General 
Court of Massachusetts to negotiate for an 
abandonment of the pretensions which the 
latter state had raised to jurisdiction o\-er 
Vermont, and to secure her acknowledgment 
of Vermont's independence. He was, in 
October, 1779, though not a member of the 
Assembly, appointed chairman of a commit- 
tee, ■ consisting of himself, Reuben Jones, 
Nathan Clark, and John Fassett, "to form 
the outlines of a plan to be pursued for de- 
fense before Congress against the neighbor- 
ing states in consequence of a late act of that 
body." He was repeatedly appointed on 
legislative committees when not a member. 

He was elected to the Legislature from 
Arlington, though his "usual home" was in 
Bennington and his family lived in Sunder- 
land, and he was allowed to act, though he 
refused to take the oath expressing belief in 
the divine inspiration of the Bible and pro- 
fession of the Protestant religion. 

His military service after his release from 
captivity was confined entirely to his own 
state. Congress gave him the commission of 
brevet brigadier-general, but did not call him 
into the field. Perhaps the reason was the 
suspicion of his loyalty that soon became 
rife. The third effort to seduce him was pub- 
licly known before he knew it. The l.egisla- 
ture made him major-general and comman- 
der-in-chief of the Vermont militia, and he 
held the position for two years, but no active 
service was required except to guard the 
frontiers. In February, 1 780, Col. Beverly 
Robinson, a Virginia Tory, wrote him a letter 
alluding to the Vermont feeling over its treat- 
ment by Congress and inviting a negotiation 
with the British. The letter was delivered to 
him on the streets of Arlington in July. Allen 
showed it to Governor Chittenden and the 
leading men of the state, and it was decided 
to pay no attention to it. The next March, 
however, while the Haldimand negotiation 
was in full progress, Allen sent the letter, with 
a duplicate which Robinson had impatiently 
forwarded, to Congress, with a long screed of 
his own, well calculated to impress Congress 
with the idea that it was running a great risk 
of driving Vermont to the other side by its 
unjust treatment. He said he was confident 
Congress would not dispute his sincere attach- 
ment to the cause of his country, though he 
did not hesitate to declare that he was fully 
" grounded in the opinion that Vermont had 
an indubitable right to agree on terms of ces- 
sation of hostilities with Great Britain, pro- 
vided the United States persisted in rejecting 
her application for a union with them ; for 
Vermont of all people would be the most 
miserable were she obliged to defend the in- 
dependence of the United States and they at 
the same time claiming full liberty to over- 



turn and ruin the independence of Vermont." 
He closed with the characteristic words : 

" I am as resoUitely determined to defend 
the independence of \'ermont as Congress 
is that of the United States, and rather than 
fail, will retire with my hardy (Ireen Moun- 
tain Boys into the desolate caverns of the 
mountains and wage war with human nature 
at large." 

The Haldimand negotiations are more 
fully discussed in the sketch of Ira Allen, 
whose consummate shrewdness conducted 
them to success. Ethan Allen was in the 
secret of them all, and at the time had to bear 
more of the suspicion and odium than any 
other man, but his part was chiefly that of 
counsellor, with very little of the active 
work, 'i'here is reason for believing that he 
told Washington all about them in the begin- 
ning, and that the policy of protecting Ver- 
mont by fooling the British had the tacit 
approval of the country's chieftain. There 
is no chance for reasonable belief that .Allen 
ever tor a moment contemplated treason to 
the -American cause ; he had twice spurned 
offers when far more alluring. He was con- 
stantly and carefully looking after the arms 
and equipments of the state, to keep her in 
the best condition for defense. In Decem- 
ber, 1780, even while the charges of treason 
were getting loudest against him, he was ne- 
gotiating with Governor Trumbull of Con- 
necticut for two tons of powder, to resist an 
invasion from Canada. He offered, .April 
14, 1 781, when there seemed to be a chance 
that the British could no longer be kept off 
by diplomacy, in a letter to Governor Clin- 
ton, his own services and those of two other 
Vermont ofificers to defend New Vork against 
their cruel invaders. 

The only question is whether in his deceit 
of the British he went beyond the lines of 
honor. The worst piece of evidence is a 
letter written to Haldimand, June 16, 1782, 
and closing with these words : "I shall do 
everything in my power to render this a 
British province." The letter was unsigned, 
but it read very Allenish, and has generally 
been believed to have been written by him. 
Allen, as commander of the Vermont army 
in 1 78 1, concluded a truce with the British 
forces while the negotiations were in prog- 
ress, and he got the northern parts and 
frontier of New Vork included in it. He 
reported these doings to Colonel Webster 
and General Schuyler, and warned the latter 
of a project to capture his person, assuring 
him that the "surmises of my corresponding 
with the enemy to the prejudice of the 
United States are wholly without founda- 
tion." Captain Sherwood, who came to 
Allen's headquarters at Castleton as an en- 
voy from Haldimand, reported .Allen as bar- 
gaining hypothetically for himself and for 



the state, but the rejjort of his terms con- 
cludes with this significant condition: "If, 
however, Congress should grant \'ermont a 
seat in that assembly as a separate state, 
then these negotiations to be at an end and 
be kept secret on both sides." 

P>ut the wildest reports of his treachery 
flew about the country. Some of them e\en 
represented him at the head of British troops 
in Canada. The feeling grew at home and 
finally focussed in an arraignment before the 
Legislature in No\ember, 1782, for miscon 
duct in the armistice. This is what appears 
in the "(iovernor and Council" minutes as 
the "Captain Hotchkiss Resolutions." The 
record is very meagre. Fay and Bradley, 
who were on his staff at Castleton, testified, 
and apparently con\inced all that nothing 
improper had been done. .Allen resigned 
his commission, evidently deeply hurt that 
after all he had done for the people he 
should be subject to such suspicion : that, as 
he said, "such false and ignominious asper- 
sions" were entertained against him for a 
moment, and he indignantly left the house, 
declaring that he would "hear no more of 
it." The Legislature appointed a committee 
of two to express the state's thanks for .Al- 
len's services, and then accepted the resigna- 
tion which .Allen had offered "because there 
was uneasiness among some of the people on 
account of his command," but he patriot- 
ically said he would ever be ready "to serve 
the state according to his abilities," if ever 
necessary. 

The next spring he was chosen general of 
the brigade of militia, but refused to accept, 
though with a repetition of his promise to 
serve the state in an unofficial capacity in 
case of need. In December, 1781, when 
New York attempted force to get control of 
the state, .Allen was present with the force of 
\ermont militia that defeated the project, 
not nominally in command, but evidently at 
the request of Governor Chittenden, as his 
account against the state for that service was 
allowed. 

The rest of his days were passed in j^ri- 
vate life, but with recognition on every side 
as the leader of the state. In i 782 he was 
called to the field, as he had been two years 
previously, to quiet the rebellious "Yorkers" 
in Windham county, and when his party was 
fired on by ambushed men in (kiilford he 
walked into the town on foot and gave his 
famous warning that unless the inhabitants 
of the town peacefully submitted to the au- 
thority of the state of Vermont he would 
"lay it as desolate as Sodom and Gomorrah." 

When Shay's rebellion was started in 
Massachusetts, messengers were sent to him 
offering him the chief command, but heccm- 
temptuously refused it, orilered the messen- 
gers out of the state, notified the Massachu- 



ALLEX. 



setts authorities, and also exerted himself 
vigorously to prevent the insurgents from 
making Vermont a place of refuge. Though 
so long posted as an outlaw, though a leader 
of revolutionists and a discourser on human 
rights through all his active career, and 
though seemingly so recklessly extravagant 
in his talk, he was always the friend of law 
and order. His revolutionism was only 
against what was so plainly wrong as to be 
in ethics and morals illegal. 

In 1787 he moved to Burlington, where he 
devoted himself to farming. He died, Feb. 
12, 1789, at the age of only fifty-one, while 
on his way home from South Hero, where he 
had been for a load of hay, and had spent 
the afternoon and evening previous, at the 
invitation of Col. Ebenezer Allen, with a 
party of old friends. On the journey his 
negro attendant spoke to him several times 
and received no reply, and on reaching home 
he was found to be unconscious with apo- 
plexy. He died a few hours later. He was 
buried with military honors, and his remains 
rest in a beautiful valley near the Winooski. 
The Legislature in 1885 ordered a monu- 
ment to be erected over his grave, a Tuscan 
column of granite 42 feet high, and 4 1-2 feet 
in diameter. A commanding statue of him 
designed by Mead, of Vermont marble, 
stands in the portico of the Capitol at 
Montpelier. Another by the same great 
sculptor, of Italian marble, is in the Capitol 
at Washington. The earliest statue of him 
was modeled by B. H. Kinney, a native of 
Sunderland, back in the early fifties. It was 
pronounced by aged people who had seen 
him, an excellent likeness, but it is still pri- 
vate property. A fourth statue of heroic 
size, designed by Peter Stevenson, was un- 
veiled at Burlington, July 4, 1873, ^.nd sur- 
mounts the Allen monument. 

Allen's first wife was Mary, daughter of 
Cornelius and Abigail (Jackson) Brownson, 
of Woodbury, Conn. The earlier historians 
used to say that she died in Connecticut 
during the war, but on the authority of a 
remembered statement of Dr. Ebenezer 
Hitchcock it is now believed that she died 
in Sunderland about 1783 from consumption, 
and was buried in Arlington. Some verses 
in her memory, the only attempt at poetry 
Allen ever made, were published in the Ver- 
mont Gazette of July 10, 1783, and are well 
worth preservation, for his recognition, how- 
ever skeptical he may have been himself, of 
the sublime power of the Christian faith in 
his wife : 

Farewell, my friends; the fleeting world, adieu, 
My residence no longer is with you; 
My children I commend to Heaven's care, 
And humbly raise my hopes above despair; 
And conscious of a virtuous, transient strife, 
Anticipate the joys of the next life; 
Yet such celestial and ecstatic bliss 
Is but a part conferred on us in this. 



Confiding in the power of God most high. 
His wisdom, goodness, and infinity 
Displayed, securely I resign my breath 
To the cold, unrelenting stroke of death. 
Trusting that God, who gave me life before, 
Will still preserve me in a state much more 
Exalted, mentally beyond decay. 
In the blest regions of eternai day. 

No Stone was ever erected to her memory. 
She bore Allen one son and four daughter's. 
The son died at the age of eleven. Two of 
the daughters died unmarried and one mar- 
ried Eleazer W. Keyes of Burlington and the 
other Samuel Hitchcock of Burlington, and 
was the mother of Gen. E. A. Hitchcock. 

Allen was married a second time, Feb. 9, 
1784, to Mrs. Frances Buchanan, the widowed 
daughter of Crean Brush, the Tory, the man 
who had led in the New York Legislature in 
passing the act of outlawry against him and 
procured the reward to be offered for his 
head. The story of this marriage is romantic 
and again illustrative of Allen's rough-and- 
ready audacity. Mrs. Buchanan, who was 
twenty-two years his junior, and a woman of 
grace, culture and fascination, was living with 
her mother in the house of Stephen R.Brad- 
ley at Westminster, where she frequently met 
Allen with other leading men of the state, 
and a sort of friendship, that was still half of 
antagonism, grew up between these two 
strong and original natures. Its character 
may be judged from a remark to John Nor- 
tin, the ex-Tory tavern keeper at Westmin- 
ster, who one day said to her : " Fanny, if 
you marry General Allen you will be queen 
of a new state." "Yes," she retorted scorn- 
fully, "if I should marry the devil I would 
be queen of hell." 

But early that February morning Allen 
drove up with a span of dashing black horses 
and a colored driver. It was during a 
session of the Supreme Court, and the 
judges were at breakfast. He declined an 
invitation to partake, saying he had break- 
fasted, and passed without ceremony into 
Mrs. Buchanan's part of the house, where 
he found her in a morning gown, standing 
on a chair, arranging some glass and china 
on the upper shelf of a closet. After a few 
moments' playful chat, Allen said : "Well, 
Fanny, if we are to be married, now is the 
time, for I am on my way to Arlington." 
"Very well," she replied, descending from 
the chair, "but give me time to put on my 
Joseph." Allen led her into the room where 
the judges, having finished their breakfast, 
were smoking their long pipes, and accost- 
ing his old friend, Chief-Justice Robinson, 
asked him to tie the knot. "U'hen?" said 
the judge in surprise. "Now," replied 
Allen. "For myself I have no great opinion 
of such formality, and from what I can dis- 
cover she thinks as little of it as I do, but 
as a decent respect for the opinions of man- 
kind seems to require it, you will proceed." 



The ceremony reached the point where 
the judge asked Ethan if he promised to live 
with Frances, " agreeable to the law of 
God." "Stop ! stop !" cried Allen, and paus- 
ing and looking out of the window he added : 
"The law of (lod as written in the great 
book of nature? Yes! Goon!" Without 
further interruption the service was com- 
pleted, the bride's trunk and guitar case were 
placed in the sleigh and the pair driven 
across the mountain to the general's home. 
By this second wife there was one daughter 
and two sons. After his death the daughter 
entered a nunnery in Canada and died there. 
The sons were Hannibal and Ethan A., and 
became officers of the United States Navy. 
The latter had a son, since well known, C'ol. 
Ethan Allen of New York. 

Little that Allen wrote has been preserved 
to the present day. Among his works, besides 
those mentioned on pre\ious pages, was 
his " Vindication of \'ermont and Her Right 
to Form an Independent State," a forceful 
argument of one hundred and seventy-two 
pages, written in 1779 and published under 
authority of the Governor and Council. In 
1779 also appeared his "Narrative" from 
which his biographers have all got most of 
their material. In 177S appeared his "An- 
imadversary .Address" in answer to Governor 
Clinton ; in i 780, "Concise Reputation of the 
Claims of New Hampshire, Massachusetts, and 
New York to the Territory of Vermont," which 
he and Jonas Fay had prepared with much 
care ; and in i 782 a " Defense of the Eastern 
and Western Unions." In 1774 his most am- 
bitious pamphlet on the New York contro- 
versy appeared, a document of over two hun- 
dred pages and an exhaustive discussion of 
the historical aspect of the case, showing that 
prior to the royal order of 1764 New York 
had no claim to extend easterly to the Con- 
necticut river. In 1784 he brought out the 
work on which he expected his fame to rest, 
his "Oracles of Reason," printed at Benning- 
ton, which he called a " Compendious Sys- 
tem of Natural Religion " and consisting as 
he described it in a letter to St. Johnde Cre- 
vecoeur of "the untutored logic and salHes 
of a mind nursed principally in the moun- 
tain wilds of America." It was a volume of 
four hundred and seventy-seven pages, an 
infidel work, denying the inspiration of the 
scriptures, but energetic in its expressions of 
veneration for the being and perfection of 
the Deity and its firm belief in the immortal- 
ity of the soul. It was laid a good deal on 
the same lines as Paine's "Age of Reason," 
without Paine's caustic style of debate but 
with a larger and healthier view of things eter- 
nal. There was a presumptuous tone to it that 
greatly marred it, and yet much of high ideals, 
of humanitarian sentiment and of insight 
beyond things material to things spiritual. He 
had all his life been in the habit of jotting down 



his thoughts on these subjects, and indeed 
the work was planned in his youth, and there 
is reason to believe that some of it was the 
contribution of Dr. Thomas Young, one of the 
ablest men of his times, an influential friend 
of N'ermont in later years and the intimate 
of Allen in his Connecticut days. Both de- 
lighted in batding against New I-^ngland 
orthodoxy, then wrote in conjunction, and it 
was agreed that the one that outlived the 
other should publish their stuff. Allen left 
his manuscript with \'oung, on going to Ver- 
mont, and on his release from captivity after 
Young's death obtained it from the latter's 
family, and elaborating the material as he had 
leisure, finally published it. But it was a 
failure, and a great disappointment to him. 
The sale was limited, and a large portion of 
the fifteen hundred volumes burned in the 
printing office, and it brought on him an op- 
probrium much like that suffered by Paine. 

There have been two theories about Allen, 
one that he was a hero, the other a humbug, 
and about them has centered a vast deal of 
discussion, but all of it fragmentary, without 
a view in its wholeness of his work or char- 
acter. That there was a big streak of hum- 
bug in him is indubitable, and the anecdotes 
of himself that he tells with most relish are 
those where he made the humbug work. He 
was overfull of faith in himself, to the point 
of vanity and bombast at times. He was 
often a heavy drinker, and that fact may ex- 
plain many of the things that showed worst 
in him. He was also, as Disraeli said of 
Gladstone, in the habit of getting "intoxicated 
with the exuberance of his own rhetoric" 
— and blasphemy. But after making 
every allowance, there is no denying his 
greatness — the greatness of his influence on 
liis times, of the work wrought out by the 
force of his personality, of the results of 
what he achieved, as well as attempted, but 
missed, by the fault of others, and of the 
greatness that was the foundation of it all, 
the ideals above and beyond self that guided 
him. He was too big-minded to ever be 
mean. 

Once when sued on a note he employed 
a lawyer to have execution stayed a short 
time. The lawyer, as the easiest way to do 
this, denied the signature. .Allen arose in 
court in a rage and shouted : "Sir, I did not 
employ you to come here and lie. The 
note is a good one, the signature is mine. 
All I want is for the court to grant me suffi- 
cient time to pay it." 

Another court anecdote, not so creditable 
and perhaps to be accounted for on the in- 
toxication theory, Cdadstonian or alcoholic, 
was at the trial at Westminster, in May, 
1779, of the thirty-six Yorkers who had 
rescued two cows from an officer who had 
seized them because their owners had re- 
fused to do militarv dutv on the frontier or 



34 



to pay for substitutes. Three had been 
discharged for want of evidence, and three 
more because minors. .Mien, who was there 
by order of (jovernor Chittenden, with one 
hundred soldiers to support the court, heard 
of it and strode into court to warn it not to 
let the offenders slip through its hands. 
With hat on and sword swinging by his side 
he began to attack the lawyers. Chief-Jus- 
tice Robinson said reprovingly that the court 
would gladly listen to him as a citizen, but 
not as a military man in military attire. 
Allen threw his hat on the table and un- 
buckled his sword, exclaiming, " For forms 
of government let fools contest ; whate'er is 
best administered is best." Then, as the 
judges began whispering together, he added, 
" I said that fools might contest, not your 
honors, not your honors." Then he told 
how he had come fifty miles to support the 
prosecution of the " enemies of our noble 
state," and some of them are escaping " by 
the quirks of this artful lawyer, Bradley ;" 
and " this little Noah Smith," the state's 
attorney, " is far from understanding his 
business, since he at one moment moves for 
a prosecution and in the ne.\t wishes to 
withdraw it. Let me warn your honors," 
and turning to Smith he said, " I would have 
the young gentleman know that with my 
logic and reasoning, from the eternal fitness 
of things, I can upset his Blackstones, his 
Whitestones, his gravestones and his brim- 
stones." 

The military quality of his theological 
views in the heat of dispute was shown in his 
retort to John Norton, the Westminster tav- 
ern keeper, who said regarding the then new 
theories of Universalism : "That religion 
will suit you, will it not, (General?" 

Allen, who knew Norton to be a Tory, re- 
plied scornfully ; "No 1 No I for there must 
be a hell in the other world for the punish- 
ment of Tories." 

In 1778 he complained of his own brother 
Levi as a Tory, charging that he had ])assed 
counterfeit continental money and under the 
pretense of helping him while a prisoner on 
Long Island, had been detected in supplying 
the British with provisions. He stated that 
Levi had real estate in ^'ermont and peti- 
tioned that it might be confiscated to the 
public treasury. For this Levi challenged 
him to a duel, but Ethan retorted that it 
would be disgraceful to fight a Tory. 

The eccentricity of his vanity was illus- 
trated while he was on his way to New York 
after the capture of Ticonderoga. He stop- 
ped at Bennington and went into the church 
where Rev. Mr. Dewey was fer\ently thank- 
ing the Lord in his prayer for that victory 
for our arms. Allen got impatient as these 
thanks to the Giver of all good were pouring 
up, and shouted : "Parson Dewey !" No at- 



tention was paid to him, but the thanksgiv- 
ing still went on. "Parson Dewey !" again, 
and again no stop. "Parson Dewey "' Allen 
thundered the third time, springing to his 
feet as the minister opened his eves in as- 
tonishment. "Parson Dewey, please make 
mention of my being there !" 

Another anecdote, out of the many that 
have come down, gives a glimpse of his 
make-up on several of its sides. While he 
was on his way to England as a prisoner, 
and in irons, he discovered that the pin or 
wire that fastened one of the handcuffs was 
broken, and he extracted the pieces with his 
teeth, unloosed the bolt, and then freeing 
that hand soon had the other and his feet at 
liberty. He replaced the irons before his 
keeper came in, but was able afterwards to 
liberate himself at pleasure. One day the 
captain ordered him to be brought on deck 
in order to make sport of him, and as 
though to frighten a land lubber, said there 
was a probability of the ship's soon founder- 
ing, and asked ; "If so, what will become of 
us, especially you, Mr. Allen, a rebel against 
the King?" "My !" replied Allen, "that would 
be very much like our dinner hour." "How 
so?" "I'd be on my way up just as you 
were going down." The joke was theologi- 
cal, but founded on the fact that .Allen was 
allowed to come on deck only when the 
captain went down to his cabin to dine. 
But the captain was mad, began a regular 
tirade of abuse, and promised that "all the 
rebels will soon be in the same situation as 
yourself." Ethan's choler also arose, and in 
a twinkling, raising his hands to his teeth, 
he had the pins and bolts unlocked and the 
irons thrown o\erboard, and while the crowd 
stood paralyzed with astonishment, actually 
seized the captain and threw him headlong 
on the deck ; then turning to the affrighted 
crew he declared in a voice of thunder : "If I 
am insulted again during the voyage I'll sink 
the ship and swim ashore." 

He had the fondness of a superior mind 
for the companionship of able men. His 
early intimacy with Dr. Young was only the 
forerunner of many hke it, and one of the 
pleasantest was that with the cultured St. 
John de Crevecoeur, French consul at New 
York, and after whom he procured St. Johns- 
bury to be named, as well as Danville and 
Vergennes after other eminent Frenchmen ; 
and great men, both of his and latter times, 
have always admired him, even if they 
didn't like. John Jay, found his writings to 
be characterized by "wit, quaintness, and 
impertinence." 

The Englishman, Col. John A. Graham, 
who wrote a series of letters from \'ermont 
in the last century, found Allen to be an 
"extraordinary character," possessing "great 
talents, but is deficient in education ; in all 



his dealings he possesses the strictest sense 
of honor, integrity, and uprightness." 

"A character strangely marked by both 
excellences and delects," is the verdict of 
Jared Sparks, whose biogra])hy finds him 
"bra\e, generous, consistent, true to his 
friends, true to his country, seeking at all 
times to ])roniote the best interests of man- 
kind." 

Governor Hall, in his study of him, was 
impressed with the extent and accuracy of 
his political information, and with his style 
of wTiting, as one to "attract and fix atten- 
tion, and inspire confidence in his sincerity 
and justice." 

Judge D. F. Thompson's summary at- 
tributes to him, "wisdom, aptitude to com- 
mand, abihty to inspire respect and confi- 
dence, a high sense of honor, generosity, 
and kindness." 

Z odack Thompson finds in him "un- 
wavering patriotism, love of freedom, wisdom, 
boldness, courage, energy, perseverance," 
but too much "self-sufficiency and personal 
vanity." 

WARNER, Seth,— The ablest soldier 
of Vermont's youth, was, like nearly all the 
leaders of the state's formative period, a 
native of Connecticut, being born at that 
part of Woodbury then Roxbury Parish, 
and now Roxbury, Conn, May 17, 1743, 
and he returned there to die, forty-one years 
later. He early joined the movement to the 
New Hampshire grants, which were begin- 
ning to be settled after the close of the 
French and Indian war, and were soon to 
become the Eldorado of New Kngland agri- 
culture. He came to Bennington in 1765, 
and being a skilled botanist, though he had 
had only a common school education, and 
an ardent huntsman, the life was just of the 
kind to delight him ; judging by his circum- 
stances, these pursuits absorbed more of his 
energies than the more prosaic work of 
farming. He was once or twice a member 
of the conventions of settlers, though he 
had little ambition to play a political part. 
But his quasi-military operations were always 
useful and in demand in the controversy 
with New York. His residence in Benning- 
ton was less than a mile from the New York 
line, and outside of the settlement, and yet 
despite the indictments and heavy rewards 
offered, the Yorkers never succeeded in cap- 
turing him. Once a New York ofificer, 
armed to the teeth, found and attemjated 
to arrest him. Warner attacked and wounded 
and disarmed the man, but with the spirit of 
a soldier spared his life. Warner was, in 
I 77 1, elected by a convention a captain of 
one of the companies in the regiment of 
(Ireen Mountain Boys organized to resist 
New York authority, and the story of its 



WARNEK. 35 

wild, rollicking and romantic work is very 
much the same as to Warner's part as any 
of the other leaders. He was prompt and 
eager to go with his comrades into the revo- 
lution, and to join the expedition to Ticon- 
deroga. He was left with the rear guard, 
the bulk of the party, on the east shore of 
the lake unable to get across, at the time 
of the capture of that fortress, but he was 
sent the next day with a detachment of men 
to take Crown Point, which he accomplished 
successfully, the fortress surrendering at the 
first summons, with two men and sixty-one 
good cannon, besides a lot unfit for service. 
He earnestly seconded .-Vllen's eftbrts for an 
invasion of Canada, going with him to 
Philadelphia and Albany, to urge it on the 
Continental and provincial congresses. It 
looked for a lime as if the controversy be- 
tween New York and the people on the 
grants was to disappear in the enthusiasm 
over the capture of Ticonderoga, for not 
only were Allen and \Varner cordially re- 
ceived when they appeared before the Pro- 
vincial Congress, but they were both willing 
and eager to lead troojjs raised under New 
York authority, and the Congress passed a 
resolution authorizing the raising of a regi- 
ment among the lately rebellious people to 
be commanded by officers chosen by them- 
selves. .Allen in his impulsive generosity 
wrote to the Provincial Congress : "When 
I reflect on the unhappy controversy which 
has many years subsisted between the gov- 
ernment of New York, and the settlements 
of New Hampshire grants, and also con- 
template on the friendship and union that 
hath lately taken place between the govern- 
ment and these its former discontented sub- 
jects, in making a united resistance against 
ministerial vengeance and slavery, I cannot 
but indulge fond hopes of reconciliation. 
To promote this salutatory end, I shall con- 
tribute my influence, assuring your honors, 
that your respectful treatment, not only to 
Mr. Warner (Seth Warner) and myself, but 
to the Green Mountain Boys in general, in 
forming them into a battalion, are by them 
duly regarded, and I will be responsible that 
they will retaliate this favor by wholly haz- 
ardizing their lives, if need be, in the com- 
mon cause of .America. I hope no gentle- 
man in Congress will retain any precon- 
ceived prejudice against me, as on my part 
I shall not against any of them ; but as soon 
as opportunity may permit, and the public 
cause not suffer thereby, shall hold myself 
in readiness to settle all former ilisputes and 
grievances on honorable terms." But the 
land jobbers evidently got in their work 
soon to check this flood of good feeling. 
For when the regiment had been raised and 
Warner elected its colonel — much to the 
mortification of .\llen — the New N'ork gov- 



36 



ernment neglected to give him his commis- 
sion, for it appears by General Montgom- 
ery's note book that after the regiment had 
reached Canada and joined in the operations 
the General appointed him colonel, and re- 
quested him to be obeyed as such. The 
New York Congress had not only withheld 
commissions from the regiment, but had 
asked the Continental Congress to do the 
same, and the demand was several times 
afterward repeated. January 20, 1777, the 
New York Congress adopted a report declar- 
ing that "The said Seth Warner hath been 
principally concerned in riots, outrages and 
cruelties against the former government of 
this state, and is otherwise utterly unfit to 
command a regiment in the Continental ser- 
vice," and insisting that it is absolutely neces- 
.sary to disband the regiment and "recall the 
commissions given to Colonel \Varner and 
the officers under him ; as nothing else will 
do justice to us and convince these deluded 
people that Congress have not been prevailed 
on to assist in dismembering a state." But 
no attention was paid to the demand, although 
New York was profuse in promises to raise 
extra troops enough beyond her quota to 
make up for the disbandment of this regi- 
ment, and yet it was but little more than 
a year after this that New York was relying 
on Warner and this regiment mainly for the 
protection of her own frontiers — an arduous 
and exhausting service which Warner cheer- 
fully rendered, and in which really he lost his 
life. 

When the invasion of Canada was finally 
begun in the fall of 1775, Warner and his 
Green Mountain Boys joined it within three 
days. Montgomery promptly sent him with 
a part of his men to the St. Lawrence and 
vicinity of Montreal to watch the motions of 
the enemy. With three hundred men he 
repulsed Carlton when the latter attempted 
with eight hundred men to join McLean and 
raise the siege. Warner watched the British 
as they embarked from Montreal, permitted 
them to approach very near the south shore 
and then poured a hot fire into them, throw- 
ing them into disorder and compelling a 
retreat. It was well and gallantly done. 

After repulsing Carlton and maneuvering 
McLean back to Quebec, he erected a 
battery at the mouth of the Sorel to com- 
mand the passage of the St. Lawrence and 
block up Carlton in Montreal. Carlton 
managed to escape down the river to Que- 
bec, and Montgomery took possession of 
Montreal Nov. 13. But General Prescott 
attempting to escape with a number of 
armed vessels loaded with provisions and 
military stores, was captured at the mouth 
of the Sorel with one hundred and twenty 
men. Warner also commanded at an action 



at Longueil in which Z^Iontgomery com- 
mended his bravery and prudence. 

November 20, as the regiment had served 
only as volunteers and was too miserably 
clad to endure a winter's campaign, Mont- 
gomery discharged it with peculiar marks of 
respect. But the gallant boys had hardly 
got home when General Wooster wrote 
Warner, telling of the desperate straits the 
invading army was in after the repulse at 
Quebec, and the sickness and desertions 
from which it was suffering and urging him 
to raise a body of men and hasten to their 
support until relief could come from the 
colonies. " Let them come," (ieneral Woos- 
ter wrote, " by tens, twenties, thirties, forties 
or fifties, as fast as they can be prepared to 
march." Eleven days afterward the valiant 
and energetic Warner was again marching a 
regiment northward. The men had become 
habituated to turn out at his call, they had 
unbounded confidence in his vigilance, pru- 
dence and courage, and they loved him as 
few officers are loved by their soldiers. He 
was affable and familiar with the humblest 
private without sacrificing any of the dignity 
necessary to command. 

The campaign was an extremely distress- 
ing one. The troops, even the freshly-armed 
Green Mountain Boys, lacked comfortable 
clothing, barracks and provisions. ^Vhen 
the retreat was made, A\'arner was placed in 
command of the rear guard and did good 
and skillful service in covering the retreat, 
picking up the wounded and distressed, and 
keeping generally only a few miles ahead of 
the British advance, who pursued closely 
from post to post. He brought ofl^ most of 
the invalids, and with this corps of diseased 
and infirm, arrived at Ticonderoga a few 
days after the main column. 

July 5, 1776, shortly after the final aban- 
donment of Canada, Congress resolved, on 
a report of the board of war, to organize a 
regiment of regular troops for permanent 
service, to be under command of officers 
who had served in Canada. Warner was 
appointed colonel of this regiment, which 
was raised chiefly in Yermont, and Samuel 
Safford lieutenant-colonel. Warner was at 
Ticonderoga with his regiment through the 
whole of the remainder of the campaign of 
1776, and did some efficient service in pro- 
tecting that post. 

In the 1777 campaign, with its invasion 
by Burgoyne, \\'arner went to work with his 
accustomed activity to meet it. He issued 
a stirring appeal to all Vermonters and wrote, 
July 2, from Rutland to the convention at 
Windsor, that an attack was expected at Ti- 
conderoga, and urging that all men who 
could possibly be raised be forwarded at 
once. "I should be glad," he said, "if a 
few hills of corn unhoed should not be a mo- 



37 



live sufficient to detain men at iiome." He 
reached Ticonderoga with 900 men, mainly 
Vermont militia, July 5, in season to assist 
in its defense, but St. Clair and his council 
of war resolved to abandon the post that 
night, before ?!urgoyne's investment was com- 
pleted. Warner was again placed in com- 
mand of the rear guard. He was overtaken 
by Fraser, in command of the 15ritish ad- 
vance, on the morning of July 7, and the re- 
sult was the well-planned and splendidly 
fought, but most unlucky, battle of Hubbards- 
ton. Warner had about t,ooo men, consist- 
ing of his own and Colonel Francis, and 
Colonel Hale's New Hampshire and Massa- 
chusetts regiments. The British for cenum- 
bered rather more, besides Riedesel's in- 
fantry and reserve corps following three 
miles behind. Hale got detached and was 
captured, and Francis fell while charging for 
the third time at the head of his regiment. 
Still Warner fought on with the utmost gal- 
lantry and with skillful dispositions and had 
the battle nearly won when Reidesel's rein- 
forcements arrived. Warner himself was 
surrounded with a small party at one time, 
but fought his way out. Only when defeat 
v\'as evidently overwhelming did he give up. 
There is a story, not supported by incontes- 
table proof, however, that he then gave an 
order not found in any tactics, for every man 
to take to the woods and meet him at Man- 
chester. He himself safely conducted a re- 
treat with a small remnant to Fort Kdward. 

The historian, Bancroft, is even more 
imjust than in his strictures on Allen at 
Montreal, when he says that Warner had en- 
camped at Hubbardston contrary to St. Clair's 
instructions, and calls the fight a rash one. 
St. Clair had ordered him to keep the British 
in check while the main army made its 
escape. Besides, it was a good opportunity 
for St. Clair, who was only six miles distant, 
at Castleton, to turn upon the pursuing 
column and crush it. Burgoyne, with the 
rest of his army, was on the ships in the 
lake and beyond supporting distance. War- 
ner would have made the day victorious but 
for the arrival of Riedesel's reinforcements, 
and successfully resisted them for a time. 
.And yet Riedesel had three miles to march 
while St. Clair would have had only six. 
When Riedesel arrived with his three C.er- 
man batallions, Fraser took him by the 
hand and thanked him for the timely rescue. 
If Warner had run for Fort Edward without 
fighting, as Bancroft seems to think he 
ought, it would have reversed the conditions 
and given the British a chance to beat the 
Americans in detail, and very possibly St. 
Clair would have been unable to reach 
Schuyler with a single soldier. 



Warner arri\ed at Manchester a few days 
after with about one hundred and fifty effect- 
ives, where he maintained a bold front until 
the New Hamjishire men had time to rally, 
and it very likely saved the stores at Ben- 
nington from a descent by Riedesel from 
Castleton. He adopted, in agreement with 
Stark, the plan of arresting Burgoyne's ad- 
vance, harassing his Hanks. Schuyler con- 
sented to it most reluctantly and only after 
he found that Stark would not obey his 
orders to join him in Burgoyne's front. 
Washington approved these tactics which 
Warner had inaugurated, and it was ob- 
viously the only thing to do in the pres- 
ent junction, because it would compel 
Burgoyne to weaken his column to guard 
points in the rear, while time was the one 
thing necessary to gather and organize a 
sufficient force to arrest his progress in the 
front. Schuyler, after he had assented to the 
plan, did his best to make it effective, send- 
ing Warner $4,000 and an order for whatever 
clothing he could procure at .Albany. The 
result was not only a gain of over a month 
of precious time, but to make the Benning- 
ton expedition for supplies a necessity for 
Burgoyne. 

Warner was with Stark two days before 
the battle of Bennington, .August 16, 1777, 
aided in planning the attack on Raum's in- 
trenchments, and rode about the field with 
the General early in the fight. The battle 
was planned and fought with a degree of 
military talent that would have done no dis- 
credit to any service in Europe, and Stark 
in his official report expressed his particular 
obligations to \\'arner, "whose superior skill 
was of great service." Warner himself had 
hurried on at the first tidings brought by his 
admirable scouting service of the approach 
of the British to capture the stores which had 
been accumulated at Bennington to be for- 
warded to Ticonderoga. But his regiment had . 
so large a number off scouting that it couldn't 
start on the r4th. but had to wait for the 
parties to come in. The next liay they 
started under command of Major Stafford, 
but owing to a heavy rain it was midnight 
before they arrived within a mile of Benning- 
ton. Their ammunition was wet, and a 
considerable part of the next day was e.x- 
hausted before they could get to the scene 
of the battle. They arrived, however, most 
opportunely, just as Breyman had come with 
reinforcements for the British, after the day 
had once been won by the .\mericans, who 
were now scattered about gathering up 
plunder. It was by Warner's earnest advice, 
and against Stark's first impression, that the 
fresh troops were at once thrown against 
Brevman, instead of retreating to rally the 



38 



whole army on a new line. Warner jnit him- 
self at the head of his regiment and pushed 
the fight with a fire and dash that made the 
Americans irresistible as soon as the other 
troops coidd be formed in line and brought 
into action, and swept Breyman and his bat- 
talion off the field in complete rout. War- 
ner's brother, Jesse, was killed in the battle. 

Warner was with Gates throughout the 
rest of the campaign, and after the surrender 
of Burgoyne he was in constant service along 
the Hudson and elsewhere. He commanded 
an expedition to Lake George I^anding, by 
which the vessels in which Burgoyne might 
have escaped, were captured. In. April, 177S, 
he was ordered to .Albany, leaving the state 
without protection. Schuyler sent him on a 
particular command into Vessop's Patent, 
which he executed with skill and address. 
It was not a field for brilliant achievements, 
but for vigilance, energy and cool judgment 
in guarding against Indian incursions, watch- 
ing the Tories, gathering information, and 
protecting communications. His bravery 
and military capacity came to be highly re- 
garded by the officers of the Continental 
army. He was wounded from an ambush of 
Indians in September, i 7S0, when the only 
two officers with him fell dead by his side, 
and with his constitution undermined by his 
constant exertions and exposures, he returned 
to Bennington toward the close of the war a 
dying man, with poverty to crown his mis- 
fortunes. Never a business man or thought- 
ful for money matters, he had taken no in- 
terest or part in the land speculations that 
made most of the Vermont leaders wealthy. 
The proprietors of several towns had voted 
him land as a reward for his services, but 
most of it was sold for taxes and he never 
got any benefit. The neglect of his affairs 
and other tax sales while he was fighting for 
his country had nearly used up what little 
possessions he had, so that before his death 
his wife was forced to appeal for charity to 
the helpless Congress. In 1777 the Legisla- 
ture had granted him 2,000 acres in the 
northwest part of Essex county, supposing it 
would be valuable, but he never realized 
much from it. 

Colonel Warner was not at any time in the 
secret of the Haldimand negotiation, but 
like most people belie\ed that something 
wrong was going on between the British and 
the Vermont authorities and was very indig- 
nant about it, becoming estranged from his 
old associates on account of it. He went 
with a Bennington committee to .Arlington, 
in 1782, to protest to (iovernor Chittenden 
against the sending of prisoners that had been 
taken in war to Canada and threatening to 
raise a regiment to overtake and bring them 
back. There was quite an altercation, and a 
reply from the Governor, substantially telling 



him to mind his own business, that Colonel 
Allen's regiment which had taken the prison- 
ers was able to protect them, and that there 
would soon be seen a generous return of 
prisoners from Canada — which proved to be 
the fact. 

Colonel Warner returned to Roxbury, Ct., 
in the summer of 1784 and died there Dec. 
26, of that year, at the age of forty-one. He 
w-as long sick abed : mortification began at 
his feet and continued by slow progress up 
his body. His last few months were clouded 
by fits of insanity. The burial was with 
all the honors of war. There was in the old 
days a pleasant story that Washington re 
lieved the homestead of a mortgage for the 
widow ; but it was a fiction. 

The record is insufficient in the words of 
the inscription on his tombstone, to 

'* 'I'ell future .iges wh.^t a hero's done." 

For Seth Warner's career was one of deeds 
done, not words written, and his modesty 
made his reports few and short and free 
from any recounting of his own achieve- 
ments. He always appeared to be satisfied 
with being useful and manifested little solici- 
tude that his services should be known or 
appreciated. So it came about, as he was 
never much of a pen and ink man, anyway,, 
that in the latter part of his service, while he 
was on detailed commands, we have very 
few particulars about him ; but he was about: 
the ideal soldier, with cool courage and 
perfect self-possession, at all times resolute,, 
energetic and sound of judgment, inspiring 
his associates and his command with entire 
confidence, courteous and frank in bearing 
and with a character that was given a strong 
and steady fibre by the high and patriotic 
purposes that animated him. 

Hon. S. D. Boardman of Connecticut, who- 
as a youth often saw him, describes Warner 
as of "noble personal appearance, very tall, 
not less than six feet two ; large-boned, but 
rather thin in flesh, and apparently of great: 
bodily strength ; features regular, strongly 
marked, and indicative of mental strength, 
fixedness of purpose, and yet of much 
benevolent good nature, and in all respects 
both commanding and pleasing. His man- 
ners were simple, natural and free from any 
kind of affectation, at once both pleasing 
and dignified." .Additional descriptions tell 
of his sparkling and beaming blue eyes, his 
beautifully arched eyebrows below nut- 
brown hair, and a forehead broad and intel- 
lectual, indicative of a sound and reflecting 
mind and a strong and well-balanced man- 
hood. He bestrode a horse with rare grace 
and dignity. 

The state of Connecticut has caused a 
neat and substantial monument, a granite 
obelisk, about twenty-one feet high, to be. 
erected over his grave. 




CHITTENDEN. 

C: H 1 T T H N U H N , THOMAS.— I'he 
"Washington of 
Vermont," her 

firstgovernor,for 

nineteen years, 
shaping her ad- 
mi nistrat ion, 
shares with the 
Aliens the honor 
of the successful 
birth of the new- 
state, and in him 
was the intlis- 
pensable com- 
p 1 e t e m e n t of 
their talents to 
carry it through 
the niulti]5Hed 
perils of its youth. John I.. Heaton in his 
"Story of Vermont," does not exaggerate 
when he says that Chittenden should "rank 
with Adams, Hancock, and Morris among the 
great men of the Re\ olutionary period : for 
he was one of the wisest and purest," and it 
cannot now be seen that he made or sanc- 
tioned more than one serious blunder, 
though his task was one of the most difficult 
that e\er confronted a leader of the people. 
This plain, hard-working farmer, equipped 
by Crod as a statesman, came to \'ermont and 
assumed his work at the age of over forty 
and in the full maturity of his mind and 
powers. He was born at East Guilford, 
Conn., Jan. 6, 1730, the son of Ebenezer 
Chittenden, and descended from a family that 
came from Cranbrook, England, in 1639, and 
of whom one, Moses, was an officer in 
Cromwell's own regiment. The Chittendens 
were of Welsh origin and the name comes 
from the words Chy-tune-den or din, signify- 
ing a castle in a valley between mountains. 
Crittenden is another form of the name and 
the great Senator John J. Crittenden, of Ken- 
tucky, was closely related to the Connecticut 
and Vermont family. A brother of the (Gov- 
ernor, Bethuel Chittenden, was the first Epis- 
copal minister of Vermont. His mother was 
a Johnson, and cousin of President Johnson 
of Columbia College. 

Thomas Chittenden's father was a farmer 
of only moderate circumstances, and there- 
fore the boy had only the meagre common 
school education of those days. He worked 
on the farm until he was eighteen, becoming 
quite noted as an athlete, and then shipped 
as a sailor on a voyage to the West Indies. 
England and France then being at war, the 
ship was cajitured by a cruiser; he landed on 
one of the islands moneyless and friendless, 
and he reached home only after much suf- 
fering and fully satiated with sea life. 

At the age of twenty he married Elizabeth 
Meigs and removed to Salisbury, where by 
his industry and frugality he soon acquired a 



cHrrrENDEN. 



39 



com])etence and became a leading man of 
the place, rejiresenting it in the colonial .Vs- 
sembly six years, and being colonel of a 
regiment of militia. His large business 
judgment saw the opportunities of the virgin 
land in Vermont, to which the spirit of emi- 
gration and adventure was then directed, and 
in 1774 he came to Williston, on the (hiion 
river, where he purchased a considerable 
tract of land, settling with his family and a 
few others when there was scarcely a family 
or road in that part of the land. He was 
pushing improvements on the ])lace when 
the retreat of the American army from Can- 
ada forced him, in the spring of 1776, to 
abandon it, first taking his family to .Slassa- 
chusetts. But he soon bought a farm in 
Arlington, to which he removed, and re- 
mained there, with short stays at Pownal 
and Danby, until after the war, when he 
returned to Williston, which was his home 
until his death. One of his reasons for 
locating in .Arlington was to cpiell the Tory 
power which had then become seriously 
troublesome there, and this, in conjunction 
with the .'\llens and Matthew Lyon, he did 
vigorously, but, as Hon. David Read says, 
with "sagacity, humanity, and sound discre- 
tion," until nearly every royalist was dri\en 
out of town or persuaded to remain in sub- 
mission. From the beginning he had entered 
zealously into the struggle of the settlers with 
New York and the mother country. He was 
appointed first president of the committee 
of safety at Bennington, was a member of 
the first convention of delegates that met at 
Uorset, Sept. 25, 1776, to consider the inde- 
pendence of the state, and at the Westmin- 
ster session was one of the committee that 
drafted the declaration, and assisted at the 
Windsor convention in framing the constitu- 
tion. He went to Philadelphia with .-Mien, at 
the opening of the Revolution, to learn the 
disposition and intentions of Congress, and 
generally to procure intelligence and advice. 
He was chosen one of the council of safety 
by the Constitutional Convention, and at 
once became president of that body, and 
was unremitting in his attention to its duties, 
which combined the legislati\e, judicial, and 
executive powers of government, throughout 
that summer. 

Perhaps he cannot be said to ha\e been 
the first to see the o])|)ortunity to end the 
New York controversy by erecting a new 
state ; but he was one of the foremost in ad- 
vocacy of the idea, and indeed, by this time, 
this sagacious, cool-headed, thoroughly i)rac- 
tical and dignified gentleman had come to be 
universally recognized as the representative 
man of the settlers : the one to mould and 
weld into practical shape the results of the 
tremendous power, as a popular leader of 
agitation, of Ethan .Alien : thebrilliant fertil- 



40 



CHl'ITENDEN. 



CHITTENDEN. 



ity and financial resourcefulness of Ira Al- 
len, and the shrewd and patriotic endeavors 
of Carpenter and Warner, the Fays and Rob- 
insons and the rest. So, naturally, he was 
elected the first (".overnor, taking the ofifice 
March i, 1778, and being regularly re-elected 
until March, 1797, except in the one year of 
'89, when, owing to issues which will be later 
explained, Moses Robinson defeated him for 
a single term. He was undoubtedly best fit- 
ted of any man in the state for the position 
and its duties. 

He steadily pursued the policy of inde- 
pendence, and he made the Haldimand 
negotiations (more fully treated in the sketch 
of Ira .Allen) a chief club with which to 
maintain it. He wrote a spirited protest 
against the proposal, on which New York 
and New Hampshire were figuring in 1 780, 
to divide the state upon the mountain line 
between them. He likened it to the iniquit- 
ous division of Poland, told about the new 
state's maintenance of posts in the northern 
frontier, and that she was at liberty " if 
necessitated to it," to offer or accept terms 
of cessation of hostilities with Clreat Britain ; 
and " if neither Congress nor the other states 
will support her in independence, but devote 
her to the usurped government of any other 
power, she has not the most distant moti\e 
to continue hostilities and maintain an im- 
portant frontier for the benefit of the United 
States, and for no other reward than the un- 
grateful one of being enslaved by them." He 
acted in December of the next year with 
General Enos, Ira Allen and William Page, 
as commissioners to New Hampshire, to ac- 
commodate matters with that state and save 
the effusion of blood in a conflict of author- 
ity in the East Union. 

When called upon by Stark for an explan- 
ation of St. Leger's letter, expressing regret at 
the killing of an American citizen, he made it 
direct to Washington. This is another of the 
many pieces of circumstantial evidence that 
Washington was in the secret of the Vermont 
intrigue with Haldimand. On transmitting 
the resolution of Congress of August 7, 1778, 
preceding, requiring as an indispensable pre- 
liminary to her admission as a state, that Ver- 
mont give up the territory of New York and 
New Hampshire, which she had incorporated 
into her own lines under the name of the 
East and the West unions, Washington had 
inquired by verbal message if the people 
would be "satisfied with the basis of inde- 
pendence suggested, or whether the people 
seriously contemplated a British dependen- 
cy." Washington was certainly inclined to 
take the Vermont side. He wrote guardedly in 
transmitting the above message that he would 
not discuss the rights of Vermont's claim to 
independence but take it for granted that it 



was good "because Congress by their resolve 
of .-Vugust 7, imply it." 

In one of his letters he asks : " Would it 
not be more prudent to refer this dispute to 
New York and Vermont than to embroil the 
whole confederacy of the United States 
therewith? " 

Even if Chittenden had in good faith at- 
tempted a British connection he would have 
been morally justified. For after the new state 
had been cheated by Congress — as all Xer- 
monters believed and as A\'ashington prac- 
tically admitted in advance, in his letter 
about the resolve — into abandoning the 
unions on the broken promise, in effect, that 
it should then be admitted to the confeder- 
acy, and had ignored the offer of union and 
aid in the "protest" of 1780, the Governor 
did the utmost, as the "protest" suggested, 
to get the neighboring states to act in con- 
junction with \'ermont against the British. 
He sent circulars to New Hampshire, Massa- 
chusetts, Connecticut and New York, pro- 
posing a union with the first three for pur- 
poses of defense against the invasion which 
would surelv be made from Canada the next 
spring, demanding as the only condition that 
any claim of territory in Vermont should be 
relinquished. Massachusetts assented to this. 
Connecticut made no response, though 
understood to be favorable. New Hampshire 
paid no attention to it. The New York 
Legislature w-anted to agree to it, recog- 
nizing the benefit the state had had from the 
military activity of the Green Mountain Boys 
and the likelihood that the plan would make 
Vermont instead of New York soil the scene of 
the next campaign, but Governor Clinton 
only prevented the passage of a resolution 
of assent by threatening to prorogue the 
Legislature. In such a situation, abandoned 
by both Congress and the other states to her 
own resources, believing, as there was every 
reason to do, that the purpose of it all was 
to crush her, what was there for Vermont to 
do? Absolutely nothing but to throw her- 
self into the arms of the British, or adopt 
the policy of tergiversation that was adopted. 
The fact that the latter was the course 
taken is of itself sufficient proof of the pa- 
triotic Americanism of the ^'ermonters. 

One of Chittenden's letters, Nov. 14, 1781, 
after the British had returned to Canada, 
shows his purpose : "The enemy were man- 
oeuvred out of their expectations and then re- 
turned into winter quarters with great safety, 
that it might be fulfilled which was spoken by 
the prophet : 'I will put my hook in their 
nose to turn them by the way whence they 
came, and they shall not come into this city 
(alias Vermont) saith the Lord.' " 

Another evidence of it was afforded by a 
circumstance in October of that year. I'he 
New York government, comparatively imbe- 



CHIITENDKN. 



CiU'riENDEN'. 



cile in a military sense, because of its large 
element of Toryism and its aristocratic con- 
stitution, ne\er hesitated when in danger to 
call for help on the Green Mountain Hoys, 
whom it persisted at all other times in regard- 
ing as "rebels" against its authority. So 
when Carlton made his raid from Canada 
and captured Forts Ann and George, Gov- 
ernor Clinton again appealed to Chittenden 
for aid. The latter replied that the state's 
militia was up north, but he would immedi- 
ately forward some he expected from Berk- 
shire. The fact is that at this time and on 
repeated other occasions, as Clinton officially 
acknowledged, the Vermont troops rendered 
prompt and valuable service to New York 
when she needed it, and New York's return 
was to procure ^'ermont's being left entirely 
xindefended, when invasion was organized 
against her. 

Governor Chittenden wrote to Washington, 
Nov. 14, 1782, that they would join the Brit- 
ish in Canada rather than submit to New 
York, though there were no people more at- 
tached to the cause of America. 

With Chipman and Lewis R. Morris, he 
was a commissioner in 1791 to negotiate the 
admission of the state into the Union. 

He died, August 25, 1797, at the age of 
si.xty-eight. For several months previous he 
had been unable to perform the cluties of his 
office, and in July he had issued an address 
to the freemen announcing that he would not 
be a candidate for re-election, and invoking 
Heaven's blessings on the state and people 
to whom he had devoted so many years of 
service and whom he had seen increase from 
a band of a few hundred to a population of 
over 100,000 people. Many descendants 
have borne his honored name, and it is said 
that they all bear the stamp of his physiog- 
nomy, so strong has been the personality to 
show through generations. One son, Mar- 
tin, was congressman and Governor ; another, 
Truman, was councilor and repeatedly Dem- 
ocratic candidate for Lieutenant-Go\ernor, 
and he and still another son, Noah, were 
judges of probate. One daughter was the 
wife of Gov. Jonas Galusha, another of Mat- 
thew Lyon, and another of Col. Isaac Clark : 
" Old Rifle " in the war of 1812. 

The character of Governor Chittenden is 
best expressed by a statement of the work 
done by him. He was a genuine Yankee in 
his mental make-up, with its strength and 
activity, its practical rather than theoretic 
knowledge, its keen and quick perceptions, 
its great tact, its penetration of the designs 
and character of men, its " almost unerring 
foresight, unhesitating firmness and sound 
judgment," as Governor Hall says. But he 
was more. He had that quality and poise of 
mind that constituted so much of Washing- 
ton's greatness, that habit of hearing all the 



e\idence and considerations before reaching 
a conclusion, of seeking a full view of all sub- 
jects however complex, of divesting himself 
of ail influences except that of duty, which in- 
spired confidence even to the point of vener- 
ation, which inevitably evolved a dignified 
demeanor, and which made tiiis plain, unlet- 
tered farmer who could hardly write a letter 
in straight Fnglish, one of the great men of 
his time. He grew in statesmanlike stature 
as his opportunities widened. 

While so keen a judge of human nature 
that bad men could rarely deceive him, he 
did not fail to bestow his trust where it was 
worthy ; he did not make the mistake of 
smaller minds, because he saw so much of 
evil and littleness in the world, of losing faith 
in humanity in the aggregate. The crown- 
ing element of his success was that he knew 
and utilized the good in men. 

He was plain and simple and kindly in 
manners and ways of living, his dignity be- 
ing that of moral and intellectual rectitude 
entirely, not of affectation, fitting him with 
his long residence and his close acquaintance 
with the work of the people, for the long 
pojiularity he enjoyed. There is a story told 
of a visit of some high-born dames from 
.\lbany to the chief executive's home at Ar- 
lington that gives a glimpse of the genuine 
democracy of those days in Vermont. When 
the hour for dinner arrived the Governor's 
wife went out to the piazza and blew the 
horn for the men at work in the fields. " Do 
you have your servants eat at the same table 
with you?" inquired the visitors, doubtless 
with some elevation of noses. " Yes," re- 
plied Mrs. Chittenden, " but I have been 
telling the Governor that we ought not to, 
that they have 10 work to much harder that 
they ought to eat first." 

He was always of remarkably equable 
temper, and it is related of him that when a 
neighbor. Colonel Spofford, had induced the 
Legislature to appoint a man justice of the 
peace whom the Governor thought unfit and 
had opposed, and came to him to triumph 
over the success, the Governor replied plac- 
idly, " Well, well, Spofford, I am glad of it 
on the whole ; Smith will make a better 
justice than I supposed, and / always hoped 
he would." The sure way to rouse his wrath 
to the depths was to abuse Ira Allen. It 
was his appreciation of and faith in .\llen 
that brought him his only political defeat, in 
1789. The Legislature in 1783 authorized 
the disposal at a specific price, of the " flying 
grant" of Woodbridge (apparently High- 
gate), w^hich had been forfeited for non-pay- 
ment, and thirty-five rights in Carthage 
(Jay), to raise funds and provide supplies 
for the survey of town lines and cutting 
roads in the northern part of the state. No 
sales were effected under this resolution, but 



42 



CHITTENDEN. 



CHirrENDEN. 



Allen, as surveyor-general, went ahead with 
the work, advancing some §4,000 for it, as 
it ultimately appeared, from his own funds. 
Governor Chittenden, at the meeting of the 
Governor and Council at Arlington, July 
12, 1785, when unfortunately only half the 
Council were present, gave Allen a paper, 
signed by himself and seven members of the 
Council, stating it as their opinion that if 
Allen advanced the money he should have 
the lands " at the price mentioned." Allen 
was defeated for state treasurer the next 
year, and called on Governor Chittenden to 
deliver to him the charter of Woodbridge in 
pursuance of this paper, and it was done. 
The next year, in 17S7, Jonathan Hunt, of 
^'ernon, procured from the Legislature, by a 
vote of 36 to 13, against the protests of 
Allen, a grant of the same lands, and organ- 
ized a fight in the Legislature and secured 
an investigation. A committee, headed by 
Stephen R. Bradley, reported that the Gover- 
nor had converted the state seal to " private 
sinister views," and that the charter was 
fraudulent and ought to be declared void. 
.■\ bill to this effect, modified somewhat, 
passed and went into effect, and such a 
storm was raised that C'hittenden failed of a 
majority at the next election, and as a ma- 
jority of the Legislature was against him, 
Moses Robinson was chosen in his place. 
Allen got out a statement " To the Impartial 
Public " about the case, but it was published 
too late to save the election. But the report 
of the commission in 1790, to adjust the 
state's accounts with Allen, showed that he 
had actually advanced the money for the 
state, and the people were satisfied that 
though there had been technical irregularity 
there was no fraud or wrongful intent in the 
matter, and the (xovernor's old popularity 
returned to him with renewed strength. 

Chittenden's bearing when the storm was 
at its height was one of admirable dignity. 
When the count was completed it was his 
duty to declare Robinson elected and after 
assurances that he had sought to discharge his 
duty " with simplicity and unremitted atten- 
tion " he said : 

"Since I find that the election has not gone 
in my favor by the freemen, and that you, 
gentlemen, would prefer some other person 
to fill the chair, I can cheerfully resign to him 
the honors of the office I have long since 
sustained, and sincerely wish him a happy 
administration, for the advancement of which 
my utmost influence shall be exerted." 

And the Legislature could not help re- 
sponding that the people "felt a grateful 
sense of the many and good services he had 
rendered them "^"and wished for him on his re- 
tirement from arduous labors "all the blessings 
of domestic ease." 



His wise and foresighted benevolence 
twice had a chance to show itself in provid- 
ing food for the people, first at .Arlington, 
where the disorders of the times and the leav- 
ing of their unharvested fields, had brought 
danger of a famine, and afterwards, after the 
war at W'illiston where early frosts had done 
great harm. The Governor's granaries were 
full, and they were freely emptied for the bene- 
fit of his suffering neighbors. .At .Arlington 
he visited every family periodically, took an 
account of the provisions on hand, and by 
impartial and disinterested distribution saw 
to it that no one perished for want that hard 
winter. At \Villiston, so one historian says, 
men came from scores of miles away through 
the snow to draw food on hand-sleds for their 
suffering families. When they offered pav or 
security his reply was that he had no corn to 
sell to those who were hungry. The only re- 
striction was that they should leave enough 
for seed. And the tale has been handed 
down in many a familv how thev would ha\e 
starved that "cold winter," but for the corn 
of " Old Governor Tom." 

The high quality of his statesmanship was 
shown in the "betterment" and "quieting" 
acts of 1781-86, legislation that was perfectly 
novel in character yet so clearly founded on 
the principles of natural justice that several 
other states have since imitated it. The 
idea was his in origin, and it cut the way 
with equity through difficulties that were 
simply inextricable in law procedure. And 
it was done after a long fight against the op- 
position of nearly all the lawyers of the state, 
who were unable to see beyond technicalities. 
When the state go\ernment was formed, land 
titles were in woeful shape, owing to the long 
time since the grants by New Hampshire the 
unsettlement and insecurity that had come 
from the controversy with New York, the 
lack of any office or place of record, and the 
general custom of not passing title deeds to 
purchasers. There was pretty nearly noth- 
ing by which to determine ownership. Lands 
could be sold without the preliminary of pur- 
chase as well as with it, and there were 
manv men who had practiced swindling 
of this kind extensivelv. The possessor, 
though he had cleared and improved his 
land and erected the best of buildings on it, 
was in law simply a trespasser if some one 
else could trace a title to it. Of course the 
greater the improvements the greater the ob- 
ject to dispossess, the thicker the speculators, 
like those of former times in New York, who 
sought farms that others had converted from 
forests for them. Litigation was multiplying 
on every side. Governor Chittenden's solu- 
tion, which he had the help of Nathaniel 
Chipman to put in its final shape, was first 
to gi\e the settler, if a trespasser technically, 
the full value of his improvements and leave 



■Hiri KNIlEX. 



43 



the courts to make further e(iuital)le (H\ision, 
then by the act of '84 to gi\e him half the 
rise in the value of the land besides the im- 
provements, and finally to allow the legal 
owner only the original value before the im- 
provements and six per cent besides. 

Governor Chittenden's readiness of re- 
source in an emergency was shown in Octo- 
ber, 1 78 1, when the Legislature was in session 
at Charlestown in the East union, and an 
accident came near uncovering the whole 
Haldimand business. For the sake of ap- 
pearances the Vermonters had an army 
under Enos at Castleton to confront the 
British under St. Leger, who had come up 
the lake from Canada. 

The commanders and leading officers only 
were in the secret of the negotiation, and 
when an affair between scouting parties re- 
sulted in the death of a Vermont sergeant 
(Tupper by name), General St. Leger sent 
back the man's clothes with a letter of 
apology and regret to General E^nos, which 
when delivered, caused a good deal of dis- 
turbance among the Vermont troops. A 
messenger, who was sent soon afterward 
with dispatches to the Governor, made loud 
proclamations all along the route, of the ex- 
traordinary occurrence, fanning into flame 
the suspicion with which the air was sur- 
charged, and creating great excitement in 
the Legislature when Charleston was reached. 
The Go\ernor saw what must come, so he 
called a meeting of the board of war, sum- 
moning to their aid Chipman, then a young 
lawyer and leader of the party opposed to 
Chittenden, and in a few moments while Ira 
Allen was bluffing in the Legislattire by 
getting up a row with an inquisitive mem- 
ber. Major Rounds, the Governor and his 
assistants concocted some new letters from 
(leneral Enos and Colonels Walbridge and 
Fletcher, who were at the front with him, 
including all they reported about military 
matters that did not bear on the negotiation. 
After Allen had kept up his disputation long 
enough, he appealed to the dispatches as 
evidence that there was nothing wrong, the 
new ones were brought in and read for the 
originals. Chipman followed with a speech 
reminding the people that they were doubt- 
ing the good faith of Thomas Chittenden, a 
man whom he though of the opposing party, 
knew to be honest and true, and would 
trust against a whole army of St. Legers. 
And before long the crowd that started in so 
ugly was dispersing with cheers for Chitten- 
den and Chipman. 

His remarkable qualities of character were 
well summarized by Ethan .Allen, who wrote 
of him : " He was the only man I ever knew 
who was sure to be right in all, even the most 
difficult and complex cases, and yet could 
not tell or seem to know whv it was so." 



Thompson says : "He had a rare combi- 
nation of moral and intellectual qualities — 
good sense, great discretion, honesty of pur- 
pose and an >ni\arying equanimity of tem- 
per, united with a modest and pleasing 
address." 

I'^. P. Walton says : " He did not tower 
like an ornate and graceful Corinthian col- 
umn, but was rather like the solid Roman 
arch that no convulsion could overturn and 
no weight could crush." .And another bi- 
ographer concludes : " Mosses and lichens 
have co\ered the . stone which marks his 
grave, but that stone will crumble into dust 
long before \'ermonters will cease to respect 
the memory of Thomas Chittenden." 

ALLEN, iRA, the " Metternich of Ver- 
mont," as he has 
sometimes been 
called ; its first 
secreta r y and 
its first treasur- 
erer ; the one 
great diplomat- 
ist of the little 
republic, and its 
guide through 
its greatest diffi- 
culties, has had 
meagre justice 
done him b y 
history. While 
we properly re- 
gard Chittenden 
as the "Wash- 
ington of Vermont," Ira Allen mav be well 
called its Hamilton. Indeed, the likeness is 
striking between these two men in their dif- 
ferent fields. The wonderful intellectual 
precocity of Hamilton, a mind versatile, 
clear, and penetrating, with its intense, prac- 
tical and logical cast, its perceptions quick 
as light, its fertility of original ideas, its bold 
and foresighted conceptions, and its master- 
ful handling of the problems of administra- 
tion, had its counterpart in Allen. Like 
Hamilton, Ira Allen was a statesman before 
he was twenty-five. Like Hamilton, he was 
one of the handsomest men of his time, 
with his intellectual countenance, his flashing 
black eyes, his imposing presence, and pleas- 
ing address. .As with Hamilton, there was at 
times a dash of unscrupulousness in his pub- 
lic or political work, coupled with the utmost 
personal honor — a sort of misdirection of an 
o\er-generous nature in sacrifice for others. 
It has been truly said of Ira .Allen that he 
was secretly or openly the originator of more 
important political measures for Vermont 
and the Revolution than any other man in 
the state, and it might truly be added than 
hardly any other in the country. Still other 
projects of \ast utility from his teeming 






44 



brain were pre\ente(l from fruition only by 
the misfortunes of his later years. 

He it was, who after the fall of Ticon- 
deroga, when the settlements seemed help- 
less before the on-coming army of Burgoyne, 
conceived the scheme of confiscating the 
estates of the Tories to raise money to 
equip and support troops, and as a result 
within a week a regiment of men was in the 
field. It was the first act of the kind in the 
country, but it was one which all the other 
states, on the urging of Congress, had to 
adopt later. It was the measure that put 
the new state on its feet as a self-reliant, 
self-supporting entity. He was a leader in 
the formation of the constitution. He did 
inestimable service as secretary of the com- 
mittee of safety, which was given the work 
of defending the state, because the members 
of the Constitutional Convention at Windsor 
when Ticonderoga fell had to leave for their 
homes and families and had no time to com- 
plete the organization of a state government. 
He sent expresses at his own expense in 
every direction with news of the disaster, 
and appeals for prompt forwarding of troops. 
In the terror of the time no one else, even 
among the military commanders, attended 
to this, and it may not be too much to sav 
that the victory at Bennington was due to 
the energy and the wise provision of Ira 
.'\llen. He organized scouting parties that 
gathered full information of the enemy's 
movements and forwarded it by express in 
all directions, with such encouragements as it 
warranted that the enemy could be met and 
repulsed. He sent timely warnings of the 
expedition to Bennington, so that it was by 
no accident that Stark and the New Hamp- 
shire troops and the Berkshire militia ar- 
rived in season to repulse and crush it. He 
helped to concert the measures for the cap- 
ture of Ticonderoga, Crown Point and the 
strong posts in his rear that helped so much 
towards the ruin of Burgoyne. He did all 
this when the new state was without funds or 
credit, as well as without organization, when 
near three-fourths of the people of the west 
side of the mountain had fled from their 
homes, and a large part of those of the east 
side were disposed to favor New York's 
claims, when weak nerved and weak prin- 
cipled men were flocking to Burgoyne and 
taking the oath of allegiance to the Crown, 
and when, besides the danger of invasion 
from the British and the savages, the late 
proceedings of Congress had shown par- 
tiality towards New York and the embryonic 
state had every reason to expect hostile 
action. He staked not only large amounts 
of his money, but his life on the chance of 
winning victory out of this seemingly des- 
perate situation. He was nearly always the 
agent of the state, either alone or with others 



in dealing with Congress and with New 
Hampshire and New York. He was the 
principal manager of the Haldimand nego- 
tiations and Metternich never handled his 
difficult tasks with more skill or with a tech- 
nical frankness that was more profoundly 
deceptive. 

He was the author of many publications 
in pamphlet and newspaper form in defense 
of the state in the New York controversy. 
One in 1 777, reviewing the constitution of 
New York, with all its features of aristocracy, 
was especially strong. He was a clear and 
forcible writer always, and most of the offi- 
cial correspondence of the state in its early 
years, particularly Governor Chittenden's 
orders, was done through him. 

He was the father of the University of 
Yermont. October 14, 1789, he presented a 
memorial to the Legislature for the estab- 
lishment of the college with subscriptions 
amounting to ^'5643, of which he contribu- 
ted ,£"4000, and the charter was granted 
Nov. 3, 1791. 

Ira was the youngest of the Allen brothers 
and was born at Cornwall, Conn., April 21, 
I 75 1, so that he was barely twenty-two when 
he was acting as secretary of the \'ermont 
committee of safety, only twenty-six when 
he was taking the lead in our Constitutional 
Convention, a little over thirty when the state 
had been piloted, so largely by his efforts, as 
an independent litde republic into a safety 
and prosperity that were the envy of the 
states surrounding, and still in the early 
thirties when, by his remarkable judgment 
and nerve in business operations, he had 
come to be recognized as one of the wealth- 
iest men of the country. He received a good 
English education, and was a practical sur- 
\eyor very young. He came to Vermont 
before he was twenty, and he was scarcely 
twenty-one when he became an extensive 
proprietor of land in Burlington and Col- 
chester. He had the eye to see the future 
of this location, but at the time had to en- 
dure much ridicule for his selection. He 
entered with zeal into various land specula- 
tions, first as a member of the "Onion River 
Land Company," which consisted besides 
himself, of his brothers, Ethan, Heman, and 
Z irmi, with Remember Baker, and which 
became the most extensive proprietor of 
land in the state, with a corresponding in- 
tensification of zeal, of course, against the 
New York claims. 

He was appointed secretary of the com- 
mittee of safety as soon as it was formed and 
served until its labors closed. He was a 
lieutenant in Warner's regiment in the Can- 
ada campaign in the fall of 1775, and was 
selected by Montgomery as one of the two 
officers for the confidential trust of attacking 
Cape Diamond and throwing rockets as a 



45 



signal for three other detachinents to attack 
(Quebec on the night of Montgomery's at- 
tempt on the city. For the next two years 
he was a member from Colchester of all the 
conventions. 

On the organization of the new state gov- 
ernment, in I 778, he was chosen a member of 
the coimcil and was its secretary. Me was 
also elected state treasurer at the beginning 
and held that office for nine years, and was 
surveyor-general about the same time, until 
the jealousies and antagonisms that accumu- 
lated against him, the complaints that he 
was holding "so inany ofifices," resulted in 
his defeat in 1786, with widely-believed 
I harges of corruption soon following, and 
though they were afterwards cleared away 
and it was shown that he had been constant- 
Iv aiding the state with his money instead of 
making money out of it, enough of the cloud 
clung to the old suspicion about the Haldi- 
mand negotiation to somewhat shadow his 
subseijuent career. In the elections of 17S4 
and 1785 he failed as candidate for state 
treasurer before the people, and was only 
elected by the joint assembly. He was 
dropped from the Governor's Council after a 
year of service in 1785, and the Assembly 
on the last day of the session of the latter 
year, aimed a bill at him to annul his surveys 
and discontinue his work as surveyor gen- 
eral, which the council succeeded in postpon- 
ing to the next session. 

His military service in the Revolution, 
ended with the retreat from Canada in 1 7 76, 
but he soon became captain, then colonel, 
and finally major-general of the state militia. 
He was also a member of the board of war 
during nearly the w^hole of the Revolution. 

The Haldimand negotiations, over which 
so much controversy has been waged, must 
form a chief feature of .Allen's biography. 
Though magazine and newspaper writers 
keep bobbing up with startling "discoveries" 
of the treason of the Vermontese, as editor 
H. B. Dawson of the New York Historical 
Magazine calls them, the facts are fully 
known. There are, as J. L. Payne says, hun- 
dreds of manuscripts in the archives of Can- 
ada bearing on the subject, and indicating 
to a one-sided view as he expresses it, "how 
near Vermont came to being a British prov- 
ince." They leave no doubt of the fact of 
these negotiations or of their pretended 
purpose. The fact was, that beginning with 
a cartel for the exchange of prisoners which 
was concluded with the Vermont authorities 
when it was refused to Washington, these 
negotiations brought about a truce between 
Venuont and the British forces, which was ex- 
tended through the last three campaigns of 
the war, while emissaries and spies passed 
back and forth in great profusion, and the 
hope was kept dangling before the British 



that the slate would desert the cause of the 
Revolution and return to allegiance to the 
Crown. Several times the negotiations went 
so far as to discuss the terms of settlement 
and to fix dates for it ; but Ira Allen as the 
principal negotiator was sure to turn up with 
some plausible reason for postponing de 
cisive action.* 

But all that has been published and argued 
has shown no more than was known more 
or less definitely at the time or soon after. 
The dispute is whether the Vermonters were 
sincere, or were merely fooling the British, 
or were playing for a position that would 
leave them free to take advantage of the 
issue whichever way it went. The conduct 
of Congress towards the new state, with all 
its people had at stake in the controversy 
with New York, would make it seem natural 
that the Vermonters should seek safety 
under the British wing. But the event and 
the skillful way the negotiation was pro- 
tracted shows that they did not. It is certain 
that the masses of the people would not tol- 
erate the idea, and did not when they found 
out what was or seemed to be doing ; and 
the leaders never once lifted a finger to 
reconcile them to it. It is notable also that 
in all the correspondence and negotiations, 
including the conversations as reported by 
the English representatives, there was never 
once a single profession of loyalty to the 
King on the part of the \'ermont leaders. 
But there is one decisive fact in this busi- 
ness to which the disputants have never given 
due attention. The participants on the 
Vermont side took particular pains to pro- 
tect themselves in history. Early in the 
negotiations they put on paper a record of 
their purpose in the form of a certificate for 
.Allen, prepared in June, 1781, and signed by 
all the eight men in the secret, Jonas and 
Joseph Fay, Samuel Safford, Samuel and 
JSIoses Robinson, Governor Chittenden, 
Timothy Brownson and Jona Fassett. This 
certificate stated explicitly that the scheme 
was adopted "to make them (the British au- 
thorities) believe Vermont had a desire to 
negotiate a treaty of peace," and because it 
was beyond the power of the state to defend 
itself by arms, the negotiation was opened 
and "we think it to be a necessary political 
manoeuvre to save the frontier of this state." 
Such a document as this, considering the 
times and circumstances of its writing and 
the confirmation of the event, ought not to 
leave an intelligent doubt of the design. 



ite possible thai Allen was more inclined to 
these negotiations than the other leaders, i 
o be looking a far way ahead for contingencies, 
be consistent with his character and a recently discos 
from him written to Samuel Hitchcock, Oct. ii. 
situation was gained by the negotiation where "i 
; of the war h.ad terminated in favor of Great Bri 
int would have been a favorite colony under the Cro 



46 



It is fortunate that this paper has been 
prevented, for reasoning upon ordinary 
human motives, we should expect the Ver- 
monters to be seeking British help. They 
had in no way obligated themselves to the 
cause of the colonies. They were in their 
own view, in the nature of politics, and prob- 
ably in a legal view, an independent republic. 
They had sought union with the confederacy 
and it had been refused. They had made 
great sacrifices for the Revolutionary cause, 
and the return had been to abandon them to 
British invasion, and even while a regiment of 
their own troops — and paid by them, because 
Congress could not pay — was serving in the 
Continental army, to withdraw all means and 
ammunition of defense from the state. Con- 
gress, which had been temporizing with the 
Vermont question for fear of alienating New 
York or New Hampshire, had at this time 
apparently reached a point where it calcu- 
lated in this way to dri\e the new state into 
submission to New York. Remembering 
how this involved the property interests of 
the Yermonters — their all for most of them — 
it would not ha\e been surprising if it had 
set them against the country that treated them 
so, and it accounts for such disposition as 
there was to reach a position where they 
would be favorably regarded above New 
York in case of final British victory. And 
yet it is the truth, attested in a variety of 
ways, that from the beginning to the end 
there was a smaller Tory sentiment in Ver- 
mont than anywhere else in the country, 
and there was not a moment when everv 
reservation would not have been abandoned 
if the state could have been admitted to the 
Union. The Vermonters had been too well 
educated in the first principles, too thoroughly 
innoculated with the spirit of independence 
to allow their sympathies to be swerved bv 
mean considerations. 

Whether in the ethics of war such decep- 
tion as was practiced on the British wa.s justi- 
fiable, is another question. But at least it 
can be said that it was a necessity, the only 
thing the Vermonters could do, unless to ab- 
solutely desert to the British side, or suffer 
ruinous invasion, or commit political suicide 
by surrendering to New York, and then with- 
out any certainty of protection against the 
British. And it was the most useful thing for 
the American cause that could possibly have 
been done ; for it kept an army of ten thous- 
and men idle on the border in Canada. It 
was really a help in this way to the Yorktown 
moxement, which would have been well- 
nigh impracticable with such an army besides 
Clinton's left in Washington's rear. Wash- 
ington knew all about the negotiation at 
least a month before the surrender of 
Cornwallis (so says James Davie Butler on 
the strength of a recently discovered letter) 



and he understood its purpose. Allen in 
after years with the knowledge he had gained 
in Europe and in extensive travels about this 
country wrote : " I know that the capture of 
Ticonderoga, etc., and the fame of the Green 
Mountain boys are more thought of in Europe 
than in the United States. That in the 
southern states, the battle of Bennington is 
considered to have caused the change of the 
commander-in-chief of the Northern army, 
and a stepping-stone to the capture of Gen- 
eral Burgoyne and army. That the truce 
between the British in Canada and ^'ermont, 
in causing the inactivity of ten thousand 
British troops, enabled General Washington 
to capture Lord Cornwallis and army." 

While the negotiations were in progress 
early in 1781, a dispatch from Lord George 
Germaine to Sir Henry Clinton, disclosing 
their existence and the hope that the people 
of Vermont would "return to their allegi- 
ance," fell into American hands, and was 
laid before Congress with the effect of alarm- 
ing that body into a more just policy. 
Referring to this dispatch, .Allen says it "had 
greater influence on the wisdom and virtue 
of Congress than all the exertions of Ver- 
mont in taking Ticonderoga, Crown Point, 
and the two divisions from General Bur- 
goyne's army, or their petition to be admit- 
ted as a state in the general confederation, 
and offers to pay their proportion of the 
expenses of the war." Out of the discovery 
of these negotiations and the fear that the 
state with the control of Lake Champlain 
would be thrown into British hands, came 
the pledge of the resolutions of August 7 and 
20, 178:, on which finally, after much back- 
ing and filling, came the acknowledgment 
of the independence of the state. 

.After the war ended, the Clovernor of Can- 
ada still pursued the negotiation and it has 
been plausibly supposed that one of the en- 
voys he sent to Burlington was the prince 
who was afterwards George IV. 

.Allen played with consummate address 
through these negotiations not only a double 
but a triple, and even a quadruple game. 
While he was fanning the British hopes to 
their highest, he was with Stephen R. Brad- 
ley in 1780, and with Jonas Fay and Bez'l 
Woodward in 1781, an agent before Con- 
gress to urge the admission of the state and 
resist the claims to jurisdiction of New York 
and New Hampshire, he was manipulating 
with the Legislature and authorities of New 
Hampshire and the commander of the New 
York troops, to avert bloodshed, pending a 
decision by Congress over the conflicting 
claims of the East and West unions, and in 
the meanwhile he converted to the support 
of the new state Luke Knowlton, who had 
been sent to Philadelphia especially to fight 
it by the adherents of New York in Cumber- 



47 



land (now Windham and Windsor nearly) 
county, and in Allen's words, "a ]5lan was 
laid between them to tmite all parties in \'er- 
mont in a way that would be honorable to 
those who had been in favor of New \'ork." 
The nerve, the resourcefulness and the com- 
prehension of human motives by which he 
kept all these schemes floating, and the peo- 
ple of his own state passably well satisfied at 
the same time, were little short of marvelous. 
They had a good illustration in the hearing 
before the \'ermont Legislature in June, 
1781, on a resolution for an inquiry into the 
grounds for the report of a treaty with Can- 
ada. Allen knew that there were several 
spies from Canada among the spectators. 
How could he answer the inquiry so as to 
satisfy the suspicious ^'ermont patriots with- 
out undeceiving the British authorities as 
soon as his words were reported to them? 
But he did it with a frankness that was 
praised by both sides. (Governor Chittenden 
led off, stating how he had at the retjuest of 
several persons who had friends prisoners in 
Canada, appointed Colonel Allen to meet a 
British commissioner to arrange for an ex- 
change, and how the latter had succeeded 
after considerable difficulty in accomplishing 
it, though no such exchanges had taken 
place with the United States or any other in 
the northern department. For further par- 
ticulars he would refer them to Colonel Allen. 
The latter told how, having made his re- 
port to the Governor and Council, not ex- 
pecting to be called on, he had left his com- 
mission and papers at home, but he was 
ready to make a verbal statement, or if 
desired he would go home and produce 
the writings for the inspection of the Leg- 
islature. They called for the papers and 
the next day he appeared with them, read 
them seemingly without skip or hesitation, 
and made a short verbal explanation which 
seemed to show that the British had exhib- 
ited great generosity in the business, and 
narrated sundry occurrences that indicated 
that there was a fervent wish for peace among 
the British officers, and that the English 
government was as tired of the war as the 
United States, and he concluded by inviting 
any member of the Legislature or any au- 
ditor in the gallery who wished to ask any 
further questions to do so and he was ready 
to answer them. But "all seemed," to use 
his words, "satisfied that nothing had been 
done inconsistent to the interests of the 
states," and many of those who had before 
been most suspicious complimented him for 
his "open and candid conduct." That even- 
ing he had a conference with the spies from 
Canada and they also had nothing but praise 
for the devotion he had shown to the cause 
of union with Britain ! 



His and Bradley's mission to Congress in 
1780 was to prepare for the second Tuesday 
of September, which time had been set for 
the determination of the case of Vermont. 
15esides the claims of New \'ork and New 
Hampshire, the former supported by Knowl- 
ton as agent from the southeast jiart of the 
state, the advocates of still another state to 
be carved out of portions of X'ermont and 
New Hampshire were represented by Peter 
Olcott. Allen and Bradley did what they 
could in the way of private interviews with 
members of Congress, and then requested 
that they might be present at any de- 
bates affecting the sovereignty or independ- 
ence of Vermont. They listened for parts of 
two days to the presentment of New Vork's 
claims and took minutes of it, but when it 
came time to put in New Hampshire's claim 
they refused to attend because \'ermont was 
not put on an equal footing with the others. 
They submitted a remonstrance to Congress 
against the mode of trial adopted, which 
meant that they should "lose their political 
life in order to find it." They refused to 
submit to "Congress acting as a court of 
judicature by virtue of authority given only 
by the states that made but one party." But 
they offered in behalf of Vermont to leave 
the question in abeyance until after the war, 
in the meantime agreeing that the state 
should do its full share in furnishing troops 
and supplies, and then to leave the decision 
to one or more of the Legislatures of disin- 
terested states as mediators. 

They accomplished their purpose by this 
course and prevented any decision at all by 
Congress. The next year's mission was more 
delicate, because of the suspicion of the 
Haldimand business, but Allen and the 
others parried the inquiries skillfully while 
they continued to impress upon Congress 
the danger that the support of the \'er- 
monters would be drawn off from the patriot 
cause, and the result was the resolutions of 
August 7 and 20 favorable to Vermont pro- 
vided they would relinquish their east and 
west unions. 

Allen had early the previous year visited 
the Legislatures of New Jersey, Delaware, 
Pennsylvania and Maryland to distribute 
phamphlets and work up sentiment in favor 
of \'ermont, and succeeded in gaining con- 
siderable favor by supporting their views of 
the Western land question and -pledging Ver- 
mont if admitted to the L'nion, to assist in 
compelling unappropriated lands and the 
property of loyalists to be disposed of to de- 
fray the expenses of the war, and not for the 
emolument of any one state. The combina- 
tions which he formed had considerable effect 
in later driving New York and afterwards 
Virginia to cede their western claims to the 
general government. 



48 



The British were not without suspicion 
while he was negotiating with Congress and 
on these missions to other states, especially 
Connecticut and Massachusetts. In June, 
1 78 1, an agent reported his belief that Allen 
was " gone to solicit forces to ensnare Gen- 
eral Haldimand's troops." But Allen always 
managed when he got round to allay these 
suspicions just enough to prevent the break- 
ing off of the negotiations, and to leave 
enough of them to deter Haldimand from 
any overt act against the Vermonters for 
fear that he would drive them to active sup- 
port again to the .American cause. Allen 
accomplished this by steadily representing 
the people to be naturally strongly inclmed 
that way, and only being gradually alienated 
by the ill treatment of Congress. 

The "east union" of a number of New 
Hampshire towns with Vermont was based 
on the argument that New Hampshire was 
granted as a province to John Mason, ex- 
tending only sixty miles from the sea, and 
that the lands to the west were annexed only 
by royal authority, which ceased with the 
power of the Crown, and the towns had a 
right to join any government they chose. 
The real reasons were : first, the attraction 
which the low taxes and vigorous govern- 
ment of Vermont held out to neighboring 
peoples, and second, the scheme of influen- 
tial men near the Connecticut river to se- 
cure the center and seat of the new govern- 
ment for that section. The Legislature was 
reluctant to take in the new towns and re- 
ferred the subject back to the freemen, who 
returned a strong majority in favor of the 
union, and an act was passed at the next 
session to incorporate sixteen petitioning 
towns from New Hampshire, with a later 
provision to accept others where a majority 
of their people desired it. But on Ethan 
Allen's report of the feeling of Congress, 
the Legislature hastened in 1779 to get rid 
of the connection, with the result of stimu- 
lating a project for the formation of a new 
state from the seceding New Hampshire 
towns joined by some from the other side 
of the river in Vermont, followed still later 
by overtures from the dissatisfied Vermont 
towns to be annexed to New Hampshire. 

Ira Allen was sent on a mission to New 
Hampshire to explain the matter and re- 
store amicable relations. He penetrated the 
designs of the Connecticut River schemers, 
and also found that New Hampshire was 
planning to revive before Congress her 
jurisdictional claim to the whole of Vermont 
under the pretense of friendship for Vermont 
and to defeat the New York claims. She wanted 
Vermont's support in this. Allen was satisfied 
that the scheme was deeper than this, argued 
his best against it without success, insisted 
that he had no authority to negotiate on 



such a basis, and finally managed to get the 
inatter postponed till the next session, so 
that the opinion of the Vermont Legislature 
might be obtained in the meantime. He 
was playing simply for time to unite the 
people on the Vermont side of the river 
against all these projects, which was success- 
fully done. And upon his disclosure of the 
intrigue the Legislature of Vermont at the next 
session and under his advice boldly advanced 
a claim to the whole of New Hampshire west 
of the Mason line. His skill in handling such 
negotiations came well into play in i7Si-'82, 
when there was eminent danger of civil war 
with both New York and and New Hamp- 
shire over these unions which Vermont had 
accepted, or revived and enlarged as a 
buffer to the claims of both states to her. 

Both were organizing military invasions. 
Allen interviewed General (iansevort, the 
New York commander, took his measure, and 
found that he was reluctant to engage in civil 
war but felt that he must obey orders by going 
ahead. Allen then advised Governor Chit- 
tenden that all that was neccessary was to 
take the offensive and march out a regiment 
against him and Gansevort would retreat, and 
so it proved. Then Allen proceeded to New 
Hampshire, sending out orders from Cov- 
ernor Chittenden to call out the militia to 
meet the "menacing insults of New Hamp- 
shire and repel force by force." One of 
these he contrived to have fall into the hands 
of a New Hampshire partisan and sent post 
haste ahead of him to Exeter. The New 
Hampshire authorities were thus easily fright- 
ened out of their project and decided to 
take the advice of Congress before proceed- 
ing to hostilities — all of which he managed 
to learn through a lady friend, while they sup- 
posed they were scaring him with their 
threatenings. xAllen always regarded these 
unions as trump cards in the game with the 
opposing states and he regarded it as a great 
miss when Vermont surrendered them in 
compliance with the August resolutions of 
1 781 and before she had actually got in hand 
her <p/!i/ pro qun in the recognition of her 
independence. He was on the way from 
Philadelphia with Jonas Fay and Abel Carter 
in high spirits o\er the success they had had 
with Congress which satisfied them that no 
measures would be taken against Vermont, 
when they learned of the dissolution of these 
unions by the Legislature. They hurried 
their journey to secure a reconsideration of 
this action but the Legislature had adjourned 
the day before they arrived. 

After the return of peace in 1786 Allen 
was, with his brother Levi, a Tory who had 
returned to the state, and it was supposed 
would be useful for this purpose, commis- 
sioned to negotiate a treaty of commerce 
with Canada, and he was greatly interested 



49 



in the idea. He tried to secrure a substan- 
tial free trade arrangement and pictured 
eloquently the benefits that would come from 
such a use of Champlain's waters, especially 
if supplemented by a canal to connect the 
lake with the St. l.awrence river. He de- 
signed this connection several years ahead 
of the scheme of Watson and Schuyler for 
the present Champlain canal and he offered 
to cut it at his own expense if the British 
government would allow him to collect such 
a tonnage as would secure the interest on 
the investment, and the ships of Vermonters 
could be allowed to pass out into the open 
sea with only a reasonable tonnage at Que- 
bec, and the products of both countries to 
pass both ways without import or export 
duties. This was one of the enterprises in 
whose interest a few years later he took the 
trip to Europe that resulted in his business 
ruin. He was also an enthusiastic promoter 
of the canal scheme between the Hudson 
and the southern waters of Lake Champlain. 

His official services to the state closed in 
1790 when he was member of the commis- 
sion on the part of \'ermont that finally 
settled the protracted controversy with New 
York and cleared the way for the admission 
of the state into the Union. 

In 1 795 .Allen went to Europe for his 
canal enterprise and on a commission from 
Governor Chittenden to purchase arms for 
the state. He got nothing but fair words 
from the British cabinet in return for his ex- 
ertions for the canal, but he secured twenty- 
four cannon and twenty thousand muskets 
in France, and with them took ship for 
home. But the ship was captured by an 
English cruiser, and seized with the whole 
cargo on a charge that it was designed to 
aid the rebellion in Ireland. Allen showed 
conclusively by evidence secured from Ver- 
mont that the charge was untrue and the 
arms purchased for the jjurpose he repre- 
sented. But it took eight years of litigation 
to do it, and the enormous expense of it, 
with the neglect of his affairs at home, ruin- 
ed him. He at one time estimated his real 
estate in Vermont to be worth on proper 
appraisal from Sr, 000,000 to §1,500,000. 
He may have included in this estimate the 
shares of his four brothers and of Remem- 
ber Baker, of whose estate he was adminis- 
trator, but there is no doubt that he was enor- 
mously wealthy, or that while he was in Europe 
he was robbed right and left with claims of 
fraudulent title, executions and tax sales. He 
had accumulated considerable unpopularity 
at home, having had a long controversy over 
his accounts as state treasurer as well as 
surveyor-general, and had once gone so far, 
in 1792, as to begin a suit against the state 
in the United States Circuit Court, and these 
things were of material assistance to the 



people who were plundering him. I'lnally, 
wearied with lawsuits, broken in health and 
fortune, and even jailed at Burlington by 
exacting creditors, he made his escape and 
fled from the state for which he had done 
so much. He lived in Philadelphia the last 
few years of his life, where he died in pov- 
erty, Jan. 7, 18 14, and was buried in a 
stranger's grave with no stone to mark the 
spot. 

He married Jerusha, daughter of General 
Roger Enos, and three children were the 
fruit of the union : Two, a son and daugh- 
ter, died in early life, and one son, Ira H. 
Allen, lived to become prominent in Ver- 
mont affairs, showing good sense and good 
character but nothing like his father's bril- 
liant abilities, and dying at Irasburgh, .April 
29, 1866, at the age of sixty-five. 

It was while in England watching his lit- 
igation that he wrote his History of Vermont, 
which contains much valuable matter, though 
it is marred by some striking errors, due to 
the fact that he wrote almost entirely from 
memory. 

Our state seal is among the things credited 
to Allen, and quite a story is told of it by 
Henry Stevens, who got it from an aged 
member of Governor Chittenden's guard. 
The design was engraved on one of the Gov- 
ernor's horn drinking-cups, made from the 
horn of an ox, bottomed with wood, and done 
by a British lieutenant who used to come 
secretly to the Governor's house in xArlington, 
bringing him letters from Canada during the 
progress of the Haldimand intrigue, and who 
also improved the opportunity to " spark " 
a hired girl in the Governor's family. While 
once staying there several days, he happened 
to look out of the west window of the resi- 
dence on a wheat field of some two acres, in 
the distance, beyond which was a knoll with 
a solitary pine on the top, and he drew the 
scene on the cup. This cup attracted Allen's 
attention and he adopted it for a state seal, 
except that he brought a cow from over the 
fence into the wheat. 

Ira Allen loved Vermont and in that fact 
is the secret alike of his achievements and 
his offences, if such they were, and the 
message that he sends down to us is in the 
words he penned after he had experienced 
much of the wrong and ingratitude that 
shadowed his later years : 

" I have travelled through some of the 
finest countries in Europe and paused with 
rapture on some of the most picturesque 
views, and I do not hesitate to say that Ver- 
mont vies with any of them." 

HERRICK, Col. Samuel.— One of the 
romantic figures of the Revolution and the 
few years before, and that is all we know of 
him. He came to Bennington about 1768, 



EREAKENRIDGE. 



and soon after the Revolution moved to 
Springfield, N. Y., but prior to and after that 
time his career is a blank to written history. 
He was a captain in the Ticonderoga ex- 
pedition and was detailed by Allen with a 
party of thirty men to capture Skeenesbor- 
ough (now Whitehall) and take into custody 
Major Skeene and his party. He succeeded 
completely, secured the young man and a 
schooner and several bateaux with which 
they hastened to Ticonderoga and which 
gave Arnold the material for his victory at 
St. Johns. In the summer of 1777 he was 
made colonel of a regiment of rangers which 
the council of safety ordered raised to help 
meet Burgoyne's invasion. He and his ran- 
gers bothered Piurgoyne a great deal, ob- 
structed his advance by felling trees over the 
roads and rolling stones in his path so that 
Burgoyne was compelled to cross Fort Ann 
Mountain with his heavy train of artillery by 
a road that was almost impassable. They 
harassed his rear, cut off his supplies, and in 
a thousand ways did the work of genuine 
" rangers " to increase the difficulties of the 
British descent. It was a work which contri- 
buted materially to the final ruin of the in- 
vasion, and for it the credit is due the 
council of safety which ordered him to keep 
it up, while Schuyler was continually order- 
ing him to abandon it and join the defen- 
sive army in the front of Burgoyne. He was 
at the battle of Bennington with such of this 
regiment as had then been enlisted and a 
body of local militia as a separate detach- 
ment, making a body of 300 men with which 
he led the attack on the rear of Raum's 
right simultaneously with the assaults of 
Colonels Nichols, Hubbard and Stickney on 
other parts of the line, and he did his part 
of that glorious day's work skillfully and gal- 
lantly. 

In September of the same year he and 
the Rangers with Colonel Brown's regiment 
gained the command of Lake George, drove 
the liritish from Mounts Independence, 
Defiance and Hope, and forced their evacu- 
ation of Ticonderoga. He was afterwards 
in command of the southwestern regiment 
of the state militia and did active service on 
several occasions. The council in February, 
I 778, ordered a batallion of six companies to 
be raised under command of Herrick to aid 
a proposed attack of Lafayette on St. Johns, 
but the enterprise was given up. 

Herrick had a special letter of thanks 
from ( lates and from the Vermont council 
for his part in the Lake Ceorge expedition. 

BREAKENRIDGE, James, whose 
house was the scene of the opening struggle 
with the Yorkers, and who was sent to Eng- 
land with Capt. Jehial Hawley of Arlington, 
as agent for the settlers in 1772, was a 



native of Massachusetts, and of Scotch-Irish 
descent. He came to Bennington, and as 
his farm was right on the border of the 
Grants up against the twenty-mile line from 
the Hudson river, it was naturally the first 
point of attack. His name appears in the 
New York riot act of 1774, but he was a 
quiet and inoffensive man who never en- 
gaged in riots, was in fact a man of the most 
exemplary habits in every way. He was a 
lieutenant of the militia company formed in 
Bennington in 1764. He died there, April 
16, 1783, at the age of sixty-two. 

FAY, Dr. Jonas. — One of the mostact- 
i\e, level-headed, and industrious of the men 
who laid the foundations of Vermont, the 
draftsman of the Declaration of Independ- 
ence, and the man from whom we get nearly 
all of the early records. His service covers 
a wider field than that of any of the other 
fathers. He was prominent among the early 
settlers, coming to Bennington in 1766 and 
practicing medicine there, except for his 
calls to public duty, for thirty-five years. 
Being a man of education and pen and ink 
training, he was secretary for most of the 
meetings of the committee of safety and 
conventions until after the formation of the 
state government, keeping his records in 
account books or on slips of paper, some of 
which have been lost. He and his father, 
Stephen Fay, the landlord of the famous 
Catamount Tavern, were appointed delegates 
from Bennington and neighboring towns to 
appear before Crovernor Tryon in 1772 in 
response to his invitation for a statement of 
grievances, and to urge him to discontinue 
violent proceedings. He was clerk of the 
convention of settlers in March, 1774, which 
resolved to defend their cause and leaders 
by force, when Allen, Warner, and the others 
were threatened by New York with outlawry 
and death. In January, 1776, he was clerk 
of the Dorset convention, that petitioned 
Congress to be allowed to serve the common 
cause independent of New York. He, and 
Chittenden, Reuben Jones, Jacob Bayley, 
and Heman Allen were appointed delegates 
to prepare and present to Congress the 
declaration and petition of independence, 
and he was its draftsman. He was secretary 
of the convention of July, 1777, that framed 
the constitution, and he was one of the coun- 
cil of safety to administer the affairs of the 
state during that summer of storm and dififi- 
culty. He was four times, between 1777 and 
1782, an agent of the state to the Continental 
Congress. As soon as the state government 
was launched he was elected a member of 
the Governor's council, and held the position 
for seven years to 1785. In the necessity 
because of the scarcity of lawyers, as well as 
the disposition of the times to make judges 



•of men who had not been "learned in the 
law," he was elected judge of the Supreme 
Court in 1782. He was also judge of pro- 
bate for the five years following, until 1787. 

Dr. Fay was a native of Hardwick, Mass., 
where he was born, Jan. 17, 1737. .\t the 
age of nineteen he served in the French war, 
in 1756 at F'ort Edward and Lake (ieorge as 
■clerk in Capt. Sam Robinson's company of 
Massachusetts troops. He accompanied 
Allen's expedition to Ticonderoga as surgeon 
-and continued in that capacity until the 
Green Mountain Boys were relie\ed by the 
arrival of Colonel Elmore's regiment from 
Connecticut. He was then appointed by the 
Massachusetts committee of safety to muster 
in troops as they arrived for the defense of 
that post. He was also for a time surgeon of 
Warner's regiment organized later in the 
season for the invasion of Canada. 

After he had helped launch the new state 
on her career of independence and pros- 
perity he returned to the practice of his pro- 
fession at Bennington, >mtil 1800, when he 
moved to Charlotte, then a few years later to 
Pavvlet, and then back again to Bennington, 
where he died March 6, 181 8, at the age of 
eighty-two, after one of the most useful careers 
to his fellow-kind that it is given anv man to 
fill. 

Professionally, history says little of him, for 
a physician's labors, though most beneficent 
to the generations that follow, are little known 
about even by the next generation. But he 
was a man of extensive information, well di- 
gested for mental strengthening, and bold and 
determined in opinion and action. Evidently 
he was also a most likeable man personally, 
for he was on intimate terms with all the \'er- 
mont leaders and nowhere do we find any 
expression of jealousy of him or any feeling 
but one of confidence in his fidelity and 
capacity. 

Dr. Fay was twice married and left numer- 
ous descendants. 

FAY, Col. JOSEPH, brother of Dr. 
Jonas, and son of the tavern keeper Stephen 
Fay, was born at Hardwick, Mass., in 1752, 
and came to Bennington in 1766. He was 
secretary of the council of safety from 
September, 1777, to March, 17 78, and of the 
Governor's council from March, 1778, to 
1 794. He was also secretary of state for 
three years after the resignation of Thomas 
Chandler, Jr., in the latter part of 1778, 
until 1 781. He was Ira .'\llen's assistant in 
most of the Haldimand negotiations and 
did some skillful work in fooling the British. 
It took him over two weeks, on his trip of 
July, 1 78 1, to overcome their suspicions, but 
he finally did it, and he and Allen managed 
to shift the risk and responsibility of the 
first public proposal of a treaty on to Haldi- 



H.AKKR. 5 I 

mand, and then got him to jnit it off. 'i'he 
latter reluctantly consented to proceed bv 
jiroclamation to the recovery of \'ermont. 
He had the form of the proclamation all 
pre])ared when the news of the surrender of 
Cornwallis saved .Mien and Fay the necessity 
of concocting further excuses for delay, 
which seemed to be about exhausted. 

Colonel F"ay moved to New York City in 
1794 and died there of yellow fever in 1803. 

BAKER, Remember.— .\ cousin of the 

.-Miens, and, by marriage, of Seth Warner, one 
of the men for whose head New \'ork offered 
a reward, was among the most influential and 
useful of the early leaders and was fast grow- 
ing towards a larger fame when his life was 
cut off at the age of thirty-five. 

He was a native of Woodbury, Conn., born 
about 1 740. In early youth he lost his father, 
who was shot by a neighbor while out hunt- 
ing, and he was a])prenticed to a joiner, where 
he learned to read and write and accpiired the 
habits of prudence, energy and self-reliance 
that served him so well in after years. 

At the age of eighteen he served in the ex- 
pedition against Canada in the French war 
and saw much service about Lakes George 
and Champlain, and in this way acquired 
much knowledge of Vermont lands and their 
attractiveness. He was present at Ticon- 
deroga when Abercrombie fell. He rose to 
be an officer before the war closed, and 
gained much distinction by his bravery and 
discretion. He came to Vermont with the 
fir.st wave of immigration to the west side, in 
1763, at the age of twenty-three, and spent 
much time exploring lands and hunting, and 
a year later he settled in Arlington, where he 
built the first grist mill on the grants north 
of Bennington, which attracted many settlers 
to that \icinitv, and identified himself unre- 
serxedly with the cause of the settlers when 
the trouble with New York arose. He is de- 
scribed as cool and temperate in council, but 
resolute and determined in action. He usu- 
ally wished to inflict severer penalties on the 
Yorkers than his companions. Perhaps his 
own tough experience afforded some reason, 
for, stimulated by the reward offered, an at- 
tempt was made in March, 1772, to capture 
him, by a dozen partisans of New York under 
the lead of one John Monroe. They broke 
into his house in the dawn of a Monday 
morning, pounded and maltreated his chil- 
dren, attempted to slash his wife with a 
sword, and even to fire the building after 
plundering it. Baker at first attempted to 
defend himself in his chamber, but to draw 
the attention of his assailants from his family 
burst a board from the end of the house, es- 
caped and ran. Then, according to the story 
written by Ethan Allen for the Hartford 
Courant, they set a large dog upon him, 



52 



WALBRIDGE. 



overtook him, pinioned him, refused to allow 
him to dress — for he was just as he arose 
from the bed — threw him into a carriage 
where they ckibbed and cut and slashed him 
unmercifully until blood streamed from va- 
rious parts of the body, and then dro\ e rapidly 
towards Albanv. Three men who pursued 
were fired upon by Monroe's party, and 
robbed of all their effects to the amount of 
S40. But another rescuing party was formed 
at Arlington as soon as the news of the kid- 
napping spread, and pursued with such vigor 
that it came up with Monroe's gang at Hud- 
son's Ferry, just opposite Albany, drove the 
captors off, and took Baker back in triumph 
to Arlington. 

Baker was with Allen as a captain at Ticon- 
deroga, and also with the regiment of Green 
Mountain Boys when the invasion of Canada 
was begun in the fall following. When 
Schuvler took command of the northern de- 
partment he sent Baker ahead to reconnoiter 
the enemy's position and obtain information 
of the military situation in Canada, and it 
was while out on this duty that he was shot 
by the Indians in the vicinity of St. Johns. 

He was not only a brave and capable offi- 
cer and a progressive business man, but he 
was a kind neighbor and he reheved the dis- 
tress of many a family. 

He left fi\e children, one of whom, also 
named Remember, became a lawyer of some 
note in New York state. 

WALBRIDGE, EbeNEZER.— Prominent 
as both a military man and civilian, and one 
of the few, after the original eight, admitted 
to the secret of the Haldimand corres- 
pondence, was born at Norwich, Conn., Jan. 
I, 1738, came to Bennington about '65, and 
died there October, 18 19. 

The family was a brave and brainy one, 
tracing back to Sir William de Walbridge of 
Suffolk county, Eng., who distinguished him- 
self in the Fourth Crusade, under Richard 
Coeur de Lion. One of General Wal- 
bridge's grandsons, Hiram Walbridge, was a 
member of Congress from New York in 
i853-'55, a granddaughter was the wife of 
Gov. Washington Hunt of New York, and 
David S. Walbridge, congressman from 
Michigan, i854-'59, born in Bennington in 
1802, was probably a relative. 

Ebenezer Walbridge was a lieutenant in 
the regiment of Green Mountain Boys before 
Quebec in 1775, and was adjutant of the 
regiment, and he fought at Bennington where 
his brother Henry was killed. 

He was in this campaign sent by General 
Lincoln with five hundred troops to Skeens- 
borough. Fort Ann and Fort Edward to 
alarm and divide the British forces, and this 
diversion had an important bearing on the 
campaign and was another important factor 



in the ruin of Burgoyne. He was lieuten- 
ant-colonel in 1778, and in 1780 succeeded 
Herrick in command of the Bennington 
regiment, and he also commanded a regi- 
ment of militia in that vicinity in 1781, and 
in October of that year was at Castleton to 
meet a threatened invasion by St. Leger. 
In December of that year when New York 
was threatening to make war on the state, 
he was in command of the troops before 
which the New York militia fled. He was 
subsequently elected brigadier-general. He 
twice represented his town and was a mem- 
ber of the Governor's council i78o-'88. He 
was an enterprising business man, and in 
1784 built and operated at Bennington the 
first paper mill in Yermont. Personally he 
is described as a man of most kindly and 
winning qualities. 

COCHRAN, Robert.— \\'ho was 
honored as one of the eight outlawed by 
New York in 1774, and who was one of the 
recognized leaders in the "beech seal" days, 
came from Coleraine, Mass., to Bennington 
about 1768, but soon moved to Rupert. He 
was a captain among the Green Mountain 
Boys before the Revolution, and after the 
\\'estminster massacre, appeared within 
forty-eight hours at the head of forty men to 
fight the cause of the people against the 
"Court party." With a file of twenty-five he 
assisted in conveying the prisoners taken 
the next day to the jail at Northampton. 
He was a captain in the Ticonderoga ex- 
pedition in the May following, and assisted 
^^'arner in the capture of Crown Point. He 
afterwards joined Colonel Elmore's regi- 
ment, where he held a commision as cap- 
tain until July 29, '76, when he was pro- 
moted to be major by resolution of Con- 
gress. The next October we find him on 
the frontier in Tryon County, N. Y., com- 
manding at Fort Dayton. He served with 
reputation in the '77 campaign, probably on 
Gates' staff. He certainlv bore dispatches 
from the general to the committee of safety 
on the Grants. The next year he had an 
adventurous trip to Canada, where he was 
sent to obtain information of the military 
situation, and narrowly escaped arrest and 
execution as a spy. .\ large reward was 
offered for his capture, and he was taken ill 
w'hile hiding in a brush-heap from his pur- 
suers. Hunger and disease at length com- 
pelled him to venture to approach a log 
cabin, where he heard three men conversing 
about the reward and planning his capture. 
When the men left he crawled into the pres- 
ence of the woman of the house, frankly 
told her his name and plight, and threw 
himself on her mercy. She gave him food 
and a bed, and kept him hid in the house 
until the men had returned and left again. 



and then directed him to a place of conceal- 
ment a little oft, and she stealthil)' fed and 
nursed him there until he was able to travel, 
knowing all the time how much money it 
would be worth to her to betray him. 
Years afterward he met her and rewarded 
her generously for her womanly ministration. 

In September, 1778, Cochran was in com- 
mand of Fort Schuyler and did active and 
efficient work on the frontier. In 1780 he 
was promoted to a lieutenant-colonelcy. He 
came out of the war like most of the heroes 
who had fought through it, deeply in debt, and 
Sparks, in his life of Baron Steuben, gives a 
pathetic account of Cochran's distress, as he 
viewed the circuiiistances in which his ser- 
vices to his country had left him and the 
empty-handedness with which he must go to 
the wife and children who were awaiting him 
in the garret of a wretched tavern. It is a 
scene to which, for the credit of human nature, 
attention cannot be too often directed, show- 
ing what man with all his littleness and im- 
perfections is capable of doing and sacrific- 
ing for an idea. 

Later years, howe\er, brought deserved 
prosperity to Cochran. He lived after the 
war at Ticonderoga and Sandy Hook, N. V., 
dying at the latter place July 3, 1812, at the 
age of seventy-three, and being buried near 
Fort Edward. 

ALLEN, HEMAN. — The eldest of the 
Allen brothers, and a most capable man of 
affairs, as he proved himself before his early 
death, at the age of thirty-eight, was born at 
Cornwall, Conn., Oct. 15, 1740. He was 
only fifteen years old when his father died 
and he soon had to take the care of his 
widowed mother and the younger children. 
He was a merchant at Salisbury at the out- 
break of the Revolution, and probably his 
legal residence was there though he was 
prominent in Vermont affairs, a delegate 
from Rutland to the convention in January, 
1777, that declared independence, and from 
Colchester to the Windsor convention that 
framed the constitution, an agent of the 
Dorset convention in January, 1776, to pre- 
sent their petition to Congress to he allowed 
to serve in the common cause under officers 
to be named by Congress, and the minutes 
of the council of safety showed that he re- 
ported on the mission July 24, 1776. His 
name in fact appears on the record of all 
the conventions, except two, from July, 1 775, 
to July, 1777, and in two he was delegate at 
large or adviser and counselor, once with 
Seth Warner. He served on the most im- 
portant committees, as of that to fix the basis 
of representation of the towns in January, 
1776, and that to treat with the inhabitants 
of the eastern part of the state in July of 
that year. He represented Middlebury once. 



53 



His service in the mission to Congress in 
1776 was very tactful and probably ])re- 
vented an adverse decision which would 
have been ruinous to the new state at that 
time. His brother Ira regarded Heman 
.\llen with even more admiration than I'^than. 
Heman was in the Canadian champaign as 
a captain in the regiment of Creen Mountain 
Boys. He was at the battle of Bennington 
as a member of the council of safety, and he 
caught a cold there and died of decline in 
the May following. He was a considerable 
owner of \'ermont lands. Henry Hall says : 
"Of all our early heroes few glide before us 
with statelier step or more beneficent mien 
than Heman .-\llen. His life of thirty-seven 
and one-half years was like that of Chevalier 
Bayard, without fear and without reproach. 
.A merchant and a soldier, a politician and a 
land owner, a diplomat and a statesman, he 
was capable, honest, earnest and true." 

ALLEN, EBENEZER, one of the framers 
of the constitution, a brave and successful 
partisan leader, and the pioneer abolitionist, 
was not of the Connecticut family of the 
other famous Yermonters, and only distantly 
related to them. He was born in North- 
ampton, Mass., Oct. 17, 1743. His parents 
moved, while he was a child, to New Marl- 
boro, Mass., where his father soon died, and 
he, as one of the oldest children, had to bear 
much of the burden of the support of the 
family, with only meagre opportunities for 
education. He was for a while, at least, an 
apprentice to a blacksmith. In 1762 he 
married a Miss Richards, who survived him 
for many years, and in 1768 he came to Ben- 
nington, living there for three years, and 
thence proceeding to Poultney, where he 
helped in the first settlement of the town. He 
was with Ethan Allen at Ticonderoga, and was 
a lieutenant in \Varner's regiment of Green 
Mountain Boys in Canada in 1775, and he 
moved to Tinmouth soon after. He was a 
delegate from there to the several conven- 
tions of 1776, and to the historic ones of the 
next year that declared the state's independ- 
ence and framed the constitution. In July, 
1777, he was captain of a company of min- 
ute men in Herrick's regiment of Rangers, 
and he greatly distinguished himself at l^ien- 
nington. .\t one time during this fight, with 
only thirty men, under cover of a natural 
breastwork of rocks, he stood against the 
main body of Raum's army, and a hot and 
well directed fire threw the assailants into 
confusion and temporary retreat. He saw 
considerable service later in the war, was 
promoted to be major in the Rangers, and 
afterward several times a colonel in command 
of a regiment in the state's servic:e. He 
participated with Brown, Herrick and John- 
son in the movement in the middle of Sep- 



54 



tember, 1777, to cut off Burgoyne's com- 
munications by attacking the posts in his 
rear, and with only forty men he made a 
brilhant night attack on Mt. Defiance, occu- 
pied by two hundred men, captured it and had 
turned its guns on Ticonderoga when Brown 
decided to give up the attempt to take the 
fort. Two months later, when the British 
abandoned Ticonderoga, Allen cut off their 
rear guard and with a force of men took 
forty-nine red-coat prisoners. He used to 
explain in after years how he did this. It was 
by a ruse, and by the employment of most all 
his men scattered about to yell and make the 
English think the woods were full of Mer- 
rick's Rangers, or "white Indians," as the 
English called them, and of whom the in- 
vaders had learned to have a mortal terror. 
In this capture w-as the negro slave of a 
British oiificer, Dinah Morris, with her infant 
child. "Conscientious that it is not right in 
the sight of God to keep slaves," he gave her a 
written certificate of emancipation and caused 
it to be recorded in the clerk's ofifice at Ben- 
nington, where it stands with the clause for- 
bidding sla\ery in the constitution, and Judge 
Harrington's blasphemous, yet reverent de- 
cision that he would require a "bill of sale 
from God Almighty" as proof of ownership 
before he would remand a runaway negro 
back to slavery, as one of the brightest jew- 
els in ^'ermont's imperishable diadem of 
honor. 

He was in command of the fort at Ver- 
gennes in 1778 or 1779. He was also in 
1779 on the board of war. 

In iNIay 1780, Sir John Johnson, made a 
raid from Canada into the Mohawk Valley 
and Governor Clinton hastened to the south 
end of Lake George to intercept his return. 
The Governor dispatched a request to the 
commander of the \'ermont troops at Castle- 
ton to send aid. The next day Colonel 
Allen wrote that he had reached Mt. Inde- 
pendence with two hundred men one hun- 
dred more would follow at once, and he 
would lead the three hundred to the scene 
if the Governor would send boats to trans- 
port them. Johnson escaped by way of 
Crown Point, but Clinton in writing to Con- 
gress was constrained to say that this punct- 
uality did great honor to the men of the 
Grants. There is but little record evidence 
left of the military events of the four years 
after 1779, as it was all "play war" so far as 
Vermont was concerned, with almost no 
fighting. But it is certain that Allen per- 
formed much service about Lake Champlain, 
and mainly on the western side. 

He moved to South Hero, about 1783, 
where he engaged in farming, blacksmithing, 
tavern-keeping, and finally shipping oak lum- 
ber to Quebec. In 1792 he made a tour of 
the then unsettled territories of Ohio and 



Michigan, in company with a party of 
friendly Indians, and was absent nearly a 
year on the trip. He represented the town 
from 1788 to '92, was a justice of peace, and 
its leading citizen. He was a member of the 
convention in 1791 that voted for admission 
to the L^nion. He moved to Burlington in 
1800, where he opened a tavern near the 
south wharf, which he conducted until his 
death, March 26, 1806, at the age of sixty- 
three. 

He is described in personal appearance by 
D. W. Dixon, his best biographer, as : " Of 
medium height, with a large head, in which 
the perceptive faculties were \ery prominent ;. 
black-eyed, dark-featured, deep-chested, and 
endowed with more than ordinary physical 
strength and activity." In religion he was a 
Calvinist, in politics a Hamilton Federalist. 
He was in many respects a remarkable man. 
Nature had infused into him a vigor and vi- 
vacity of mind which in a measure supplied 
the deficiencies of his education. Courage,, 
enterprise, and perseverance were the first 
characteristics of his mind. His disposition 
was frank and generous, though he possessed 
a combati\ e temperament. 



THE ROBINSON FAMILY. 

ROBINSON, Samuel.— The acknowl- 
edged leader of the band of pioneers who 
settled Bennington, and almost a controlling 
authority among them, was the progenitor of 
the most remarkable among a number of 
Vermont families prolific of public useful- 
ness — a family that has in the past century 
furnished two Governors, two L'nited States 
senators, six judges of one degree and an- 
other, the acknowledged leaders of the Demo- 
cratic party in the state in three different 
generations, and United States marshals, 
generals, colonels, state's attorneys, town 
clerks, etc., almost without computation. 

The family had a heritage of brains and 
power, tracing its descent from Rev. John 
Robinson, the father of the Puritans in Eng- 
land in 1620, and pastor of the Pilgrims be- 
fore they sailed from Holland in the ^Lay- 
flower, and being allied by marriage with 
the ancestry of Governor Jonathan Trumbull 
of Connecticut. 

Samuel Robinson, born at Cambridge,. 
Mass., in 1 705, came to Vermont from Hard- 
wick, Mass. 

He had been a captain of Massachusetts 
troops through several campaigns in the 
vicinity of Lake George and Champlain in 
the French and Indian war. 

He was the first justice of the peace com- 
missioned by (Jovernor Wentworth in the 
Grants and the first clash between New 
York and New Hampshire authority was be- 



fore him. It arose over the case of two 
claimants in I'ownal. He took the New- 
Hampshire side and he and Samuel Ashlev, a 
New Hampshire deputy siieriff, were arrested 
and taken to Albany jail in consetjuence and 
occasioning acrimonious correspondence 
between the two Governors ; but the affair 
ended in a compromise and though Robin- 
son and Ashley were indicted for resisting 
New York officers, they were never brought 
to trial. He was deputed by the settlers in 
1765 to go to New York and try to save their 
lands from the city speculators to whom 
Lieutenant-Governor Golden was making 
Grants with lavish hand, but his efforts were 
unavailing. He was, in 1766, sent as an 
agent for the settlers to England to present 
their case to the ministry, and the mission 
was making very favorable progress towards 
success when he was taken with smallpox 
and suddenly died in London, Oct. 27, 1767. 
His eldest son. Col. Samuel Robinson, 
born at Hardwick, .August 15, 1738, was 
active in the controversy over the grants, was 
elected one of the town committee to succeed 
his father, commanded one of the Benning- 
ton companies in the battle of Bennington, 
and during the war rose to the rank of colonel. 
He was, in 1777 and 1778, "overseer of the 
Tory prisoners" and in 1779 and 1780 rep- 
resented the town in the General Assembly 
and was a member of the board of war. He 
was the first justice appointed in town under 
Vermont authority, in 177S, and was one of 
the judges of the special court for the south 
shire of the county, and, as such, presided at 
the trial of Redding. He was a generous ■ 
and large-minded man, upright, enterprising, 
kindly in manner and of decided natural 
ability and ready courage. .Another son. Gen. 
David Robinson, born at Hardwick, Nov. 
22, 1754, was a major-general of the state 
militia, an active and energetic man of his 
time and United States marshal for eight 
years up to 18 iS. He fought as a private in 
the battle of Bennington, rising by regular 
promotion to the place of major-general, 
which he resigned in 181 7. He was sheriff 
of the county for twenty-two years ending 
with 1811. He died Dec. 12, 1843, at the 
age of eighty-nine. His wife was Sarah, 
daughter of Stephen Fay, who bore him three 
sons. One of these, Stephen, was a member 
of the Cleneral .Assembly several years, a 
judge of the county court, and a member of 
the council of censors in 1834. He died in 
1852, at the age of seventy-one. 

ROBINSON, Gov. MOSES.— The first 
chief justice of the state. Governor and one 
of her first senators, the close friend of 
Jefferson and Madison, and one of the 
leaders of the Democracy of that day, was the 
second son of Samuel Robinson, Sr., born at 



HariUvick, Mass., March 20, 1741. Lanmann 
says he was educated at Dartmouth. He 
was elected IJennington's clerk at the first 
meeting of the town in March, 1762, and 
kept its records for nineteen years. In the 
early part of 1777 he was a colonel of militia, 
and was at the head of his regiment on 
Mount Independence when 'i'iconderoga 
was evacuated by St. Clair. Then he be- 
came a member of the council of safety 
which held continuous sessions for several 
months. He was also on the Governor's 
council for eight years, to October, 1785. 
He was in the secret of the Haldimand 
negotiation from the beginning, was one of 
the signers of the certificate which was 
drawn up to protect the fame of Chittenden, 
and .Mien and Fay, in 1781, and all through 
the infant troubles of the new state, had the 
confidence of the leaders and fathers, and 
was one of the shrewd advisers of this criti- 
cal period, though his position was such that 
he could not take an active part. For, on 
the first organization of the state, he was ap- 
pointed chief justice, a position which he 
held, except one year, until 1789, when in a 
temporary breeze of dissatisfaction he was 
elected (lovernor for a single term. But as 
the issues were purely local and personal, 
and bore no relation to national politics, 
with which, of course, Vermont had no in- 
terest while outside the I'nion, he cannot 
be said to have been the first Democratic 
Governor — an honor which belongs to Israel 
Smith as a matter of fact, though in point 
of power of leadership Jonas (ialusha must 
be called the first of his time. The causes 
of the overturn of this year are explained in 
the sketch of Governor Chittenden. The vote 
of the freemen stood 1,263 ^or Chittenden, 
746 for Robinson, 478 for Samuel Safford, 
and 378 for all others. The choice, in the 
failure of any one to get a majority, therefore 
went to the Legislature, and the opposition 
to Chittenden concentrated on Robinson, and 
elected him. 

In 1782 Judge Robinson was sent to the 
Continental Congress as one of the agents of 
the state, and he was one of the commissioners 
that finally adjusted the controversy with New 
York. In 1791 he was chosen by the Legis- 
lature with Stephen Bradley Senator to Con- 
gress. He was very active with the then 
young Republicans in opposition to the rati- 
fication of the Jay treaty, not only in Con- 
gress but in procuring puVilic meetings in his 
town and county to condemn it, as a part of 
the campaign of popular agitation organized 
all over the country against the measures of 
the Federalists that finally dro\e that party 
from power. The Senator had the vigorous 
support of his town and county for his politi- 
cal views, but when satisfied that he was in a 
fixed and definite minoritv in the state, in 



56 



obedience to his democratic views of duty, 
he resigned his position as Senator in Octo- 
ber, 1796, a few months before the expiration 
of his term, and was succeeded by Isaac 
Tichenor, who had then become tlie Fed- 
eralist leader. 

U'his closed his public career, with the ex- 
ception of one term in the General Assembly 
in 1802. He died May 26, 1813, at the age 
of seventy-two. 

Senator Robinson was a man of profound 
piety and Democracy, and he had no difiti- 
culty in making these convictions mix, 
though it was the general belief of New En- 
gland that they were antipodal. He was an 
ardent sympathizer with the French Revolu- 
tion, because he believed in the rights of 
man, and even if French republicans were 
infidels and went to the most extravagant 
length in blasphemy, it was, to his view, no 
argument for the rights of kings. Many news- 
paper squibs were fired at him in after years 
because of an occurence in 1791, when Jeffer- 
son and Madison, making a horseback trip 
through New England, stopped with him at 
Bennington over one Sunday. The senator 
who never failed to attend divine worship 
when possible, took them to church, and 
proud, as country people were apt to be in 
those days of the church choir, insisted on 
getting their opinion of it, and how it com- 
pared with church music in other churches 
and places, whereupon, it was said, both had 
to admit that they were no judges, as neither 
of them had attended any church for several 
years. The yarn of course was designed to 
injure him politically with the intolerant 
people with whom he mixed and to discredit 
him as deacon of the church, as he was from 
1789 to the time of his death. But though 
Moses Robinson might and doubtless did 
regret Jefferson's tendency to free religious 
views, it did not abate one jot his admira- 
tion of that man's great work for humanity's 
progress, or friendly association with him in 
working towards high ideals of government. 

This union of piety and Democracy is 
finely expressed in his address on retiring 
from the Governor's chair in 1790, so free 
from the slightest accent of jealousy, so cor- 
dial towards his successful rival, so unaffect- 
edly obedient to the popular wish, that it de- 
serves to be preserved as a gem in our 
political literature. After alluding to his own 
election the year previous, and his conscious- 
ness that he had faithfully discharged his 
duty and executed his trust, he added : " It 
appears from the present election that the 
freemen have given their suffrages in favor 
of His Excellency Governor Chittenden. I 
heartily acquiesce in the choice, and shall, 
with the greatest satisfaction, retire to private 
life, where I expect to enjoy that peace 



which naturally results from a consciousness 
of having done my duty. 

"The freemen have an undoubted right 
when they see it for the benefit of the com- 
munity to call forth their citizens from be- 
hind the curtain of private life and make 
them their rulers, and for the same reason to 
dismiss them at pleasure and elect others in 
their place. This privilege is essential to 
all free and to republican governments. As 
a citizen I trust I shall ever feel for the in- 
terest of the state ; the confidence the free- 
men have repeatedlly placed in me ever 
since the first formation of government, lays 
me under additional obligations to promote 
their true interest. 

" Fellow-citizens of the Legislature, I wish 
you the benediction of Heaven in the prose- 
cution of the important business of the pres- 
ent session : that all your consultations may 
terminate for the glory of God and the inter- 
est of the citizens of this state, and that both 
those in pubhc and private life may so con- 
duct in the several spheres in which God in 
his providence shall call them to act, so that, 
when death shall close the scene of life, we 
may each of us ha^•e the satisfaction of a 
good conscience and the approbation of our 
Judge." 

Governor Robinson became very wealthy 
with the progress of the state and was cor- 
respondingly generous in his gifts for the 
cause of religion. 

He was really the father of the Congrega- 
tional church at Bennington, and it is related 
of him that when people came to Benning- 
tan to purchase land, he would invite them 
to his house over night, contri\e to learn 
their religious \iews and if they were not 
good Congregationalists persuade them to 
settle in Shaftsbury or Pownal, in both of 
which he was also a proprietor. So strong a 
bent did he and his associates gi\e to the 
religious opinion of the community that up 
to 1830 there was only one house of public 
worship in the town. 

His sunset days were of almost ecstatic hope 
and beauty. One of those present at his death, 
the wife of Gen. David Robinson, said of 
the scene : " If I could feel as he did, it 
would be worth ten thousand worlds." 

Governor Robinson married for his first 
wife Mary, daughter of Stephen Fay, and 
after her death, Susannah Howe. He left six 
sons by his first wife, to show the effects of 
blending the patriotic blood of Robinson 
and Fay. Moses, the eldest, was a member 
of the council in 1814, and was rejieatedly, 
in i8i9-'2o-'23 representative in the General 
Assembly. He was, in opposition to nearly 
all the rest of the family, a Federalist in poli- 
tics, and repeatedly that party's candidate 
for councilor, being defeated once only by the 
omission of " Ir." from his name. Aaron, the 



57 



second, was town clerk seven years, justice of 
the peace twenty-three years, representative 
in the Legislature in i8i6-'i7, and judge of 
probate in i835-'36. Samuel, the third, was 
clerk of the Supreme Court for the county 
from 1794 to i8i5,and Nathan, another son, 
a lawyer, who died at the age of forty, repre- 
sented the town in 1803. 

ROBINSON, JONATHAN,— The yoimg- 
est son of Samuel, Sr., brother of the pre- 
ceding, and, like him, chief justice of the 
Supreme Court and United States Senator, 
was born at Hardwick, August 11, 1756, 
came to Bennington with his father in 1761, 
and was admitted to the bar in 1796. He 
vt'as town clerk for six years beginning with 
1795, town representative thirteen times be- 
fore 1802, and chief justice of the Supreme 
Court from 1801 to 1807. In the latter year 
the triumph of the Jeffersonians in at last 
defeating Tichenor and electing Israel Smith 
Governor, seven vears after they had got 
control of the rest of the government, neces- 
sitated the latter's resignation of his seat in 
the Senate, and Judge Robinson was chosen 
to succeed him, and in 1809 he was also 
elected for another term closing in 1815. He 
was in Federal relations the political master 
of the state during this time, had a controll- 
ing influence in the distribution of the army 
and other patronage of the administration, 
which was very great during the war of 181 2, 
and he handled it with much shrewdness as 
well as care for the public interest. He had 
not the remarkable power of his great com- 
peer, Jonas Galusha, to make a permanent 
impress on the thought of his time, but he 
was an astute and far-seeing leader. He 
more closely resembled his great competitor 
in county politics, and his successor in the 
Senate, Isaac Tichenor, in his popular man- 
ners and facility of leadership ; and, as with 
Tichenor, there was a strong leaven of faith- 
fulness to duty and an underlying strength of 
character and solidity of ability, that made 
the ultimate basis of success. He had the 
ear and confidence of President Madison to 
an extent that few men had. 

After his retirement from the Senate, like 
many other great Vermonters, he found it 
not beneath his dignity to serve the people 
in other stations to which they called him. 
He was elected judge of probate in October, 
1815, and held the position for four years, 
and again represented the town in 181 8, be- 
ing prominent in the discussion over the 
proposed constitutional amendment for the 
real democratic plan for the choice of presi- 
dential electors by districts. He died Nov. 
3, 1819, at the age of sixty-three. 

He married into another noted ^'ermont 
family, his wife being Mary, daughter of 
John Fassett. One of their sons, Jonathan 



I'!., a lawyer, was town clerk nine years and 
judge of county court in 1S28 and died in 
1831. .\nother, Henry, was paymaster in 
the army, clerk in the pension office, briga- 
dier-general of militia, and for ten years clerk 
of the county and supreme court. He died 
in 1856. 

ROBINSON, JOHN S.— Son of Nathan, 
and grandson of Gov. Moses Robinson, a 
Democratic leader in the last generation and 
the only Democratic Governor of the state 
for more than half a century, was born at 
Bennington No\-. 10, 1804. He graduated 
at Williams in 1S24, and was admitted to the 
bar in 1827. A man of brilliant parts, he 
rapidly rose to the front rank of his profes- 
sion and was well adapted for a political 
career like that of the other great men of the 
name but for the fact that the movement of 
the times had left his party in a hopeless 
minority in the state. He twice represented 
the town in the lower House of the Legisla- 
ture and was twice a state senator. He was 
repeatedly the Democratic candidate for 
Congress in his district. There was a serious 
split in the organization growing out of the 
Free Soil movement of 1848, and continuing 
for several years until it merged into the 
Liberty or later the Republican party. In 
1 85 I he was the candidate of the minority 
element, receiving 6,686 votes to 14,950 for 
Timothy P. Redfield, the regular Demo- 
cratic candidate, and 22,676 for Charles K. 
Williams, Whig. The next year the Demo- 
crats made him their regular candidate, and 
with a temporary increase of strength for the 
Liberty party which cast9,446 votes for Law- 
rence Brainerd, there was a failure to elect by 
the people, Robinson having 14,938 \otes 
and Erastus Fairbanks, Whig, 23,795, and the 
choice was by the Legislature, which elected 
Fairbanks. 

The next year the enactment of prohibi- 
tion had stirred things up a good deal, and 
given the Democrats renewed hope, they 
made Robinson their candidate again, and 
the result of the election was 20,849 for Fair- 
banks, 18,142 tor Robinson, and 8,291 for 
Brainerd, again throwing the choice to the 
Legislature where Robinson was elected. But 
it was only a year's triumph. It was the period 
of political breakup over the slavery issue, 
and of the foundation of the new Repub- 
lican party. In July of the next summer, 
Brainerd presided over the first Republican 
state convention, and that fall was sent to 
the United States Senate. The polls in Sep- 
tember showed the dropping out of the 
Liberty party, and except some 1,600 scat- 
tering votes among various candidates, the 
issue was between the two leading jjarties, 
and Stephen Royce was elected Governor by 



^8 



a vote of 27,926 to 15,084 for the Demo- 
crats. 

Governor Robinson, however, remained an 
active Democrat, and in i860 was chairman 
of the Vermont delegation to the National 
Democratic convention at Charleston, S. C, 
but was stricken with apoplexy while in 
that city, and died there the 24th of that 
month. 

Governor Hall, so long his rival, profes- 
sionally and politically, pays tribute to his 
"legal attainments and high order of talent," 
and adds : "Generous of heart, amiable in 
disposition, and with integrity undoubted, 
he, by his uniform courtesy and kindness, 
endeared himself to all with whom he had 
business or intercourse." 

Governor Robinson wedded, in October, 
1847, Juliette Staniford, widow of A\'illiam 
Robinson. He left no children. 

ROWLEY, Thomas.— The first poet of 
the Green Mountains, a public favorite, 
trusty patriot, and something of a statesman, 
a soldier, legislator and judge, was born in 
Hebron, Conn., and cajne to Danby in 1769, 
was its first town clerk serving for nine 
years until in 1778, and then, on the organi- 
zation of the state government was its first 
representative in the General Assembly and 
also for the next two years. Through the 
troublous times of the Green Mountain Boys' 
resistance to New York and the Revolution 
he was generally chairman of Danby's com- 
mittee of safety and while in the Legislature 
he served on the most important commit- 
tees, and was the draftsman of their bills. 
He was in the convention of 1777 that de- 
clared independence and framed the con- 
stitution. 

I3ut it was as a poet that he rendered his 
memorable service to Vermont. His verses 
were everywhere sung through the state as 
an inspiration to the settlers and the Green 
Afpuntain Boys And they were just fitted, 
with their homely vigor of phrase, their 
sympathy with the wild romance of nature 
about them, their heat of intense conviction 
of right and their scoring of the speculators 
after their homes, to stir the people on the 
Grants deeply. They were indeed the fit 
complement of Ethan Allen's vehement elo- 
quence in prose. They were mostly given 
out impromptu, many of them never com- 
mitted to paper at all, and only a few and 
imperfect fragments have been brought 
down to the present ; but with all their 
roughnesses of meter and expression, even 
after the struggle that made the soul of them 
had passed, it is easy to see that there was 
wit and genius in them. He was always 
versifying, and some specimens on religious, 
moral and family topics have been preserved, 
but though they contain some diamonds of 



poetic thought, they lack the fire that even 
now can be felt in his effusions. 

He lived at Rutland for a while and was 
first judge of the special court for that 
county. After the Re\-olutionary war he 
mo^ed to Shoreham, where he had before 
lived for a year, and was also the first town 
clerk and first justice of the peace of that 
town. About the year iSoo he went to Ben- 
son to live with his son Nathan and died 
there in 1803. 

He was regarded as a man of sound judg- 
ment and ability, as well as a wit and poet. 
He was intensely religious, a Wesleyan in 
his views. In appearance he is described as 
"of medium height, rather thick set, rapid 
in his movements, with light eyes, sprightly 
and piercing, indicating rapidity of percep- 
tion, and sometimes the facetious poetic 
faculty ; yet he was generally a sedate and 
thoughtful man." 

DEWEY, Rev. Jedediah,— Sonof Jede- 
diah and Rebecca Dewey, was born in AN'est- 
field, Mass., April 11, 17 14, married Mindwell 
Hayden of Windsor, Conn., August 4, 1736, 
and removed to Bennington from ^^'estfield, 
Mass. Died December 21, 1778. 

"The Records and Memorials of a Cen- 
tury," edited by Rev. Isaac Jennings, show 
that Mr. Dewey was the first minister and 
also the first school teacher in the state. He 
was a patriot with a profound interest in the 
future prosperity of the infant settlement 
where he had cast his lot, and took a promi- 
nent part in the controversy originating from 
the disputes concerning the land titles of the 
New Hampshire Grants. His correspondence 
with Governor Tryon, of New York, demon- 
strated that his influence was weighty in put- 
ting an end to the struggle by peaceful 
negotiation. Rev. Mr. Dewey preached the 
war sermon pre\'ious to the battle of Ben- 
nington, charging his congregation to go 
forth and fight for their native land. On the 
following Saturday the battle of Bennington 
was fought and won. His son, Capt. Elijah 
Dewey, was on the field in command of the 
infantry company from Bennington, and 
every history of \'ermunt relates how well he 
discharged his duty on that occasion. 

It is related in "Jennings' History of ^"er- 
mont," that at the public divine service of 
thanksgiving for the capture of 'Liconderoga, 
many officers being present, among whom was 
Ethan Allen, Mr. Dewey preached and made 
the prayer, in which he gave to God all the 
glory and praise of the capture of that strong- 
hold. Ethan Allen, in the midst of the 
prayer called out, "Parson Dewey," "Parson 
Dewey," "Parson Dewey." At the third 
pronunciation of his name Mr. Dewey paused 
and opened his eyes, when Allen raised both 
hands and exclaimed, "Please mention to 



KNOWI.TON. 



59 



the Lord about my being there," to which 
the parson repUed, "Sit down thou bold 
blasphemer, and listen to the word of Cod," 
and it is a matter of record in the Walloomsac 
Valley that the hero of Ticonderoga quietly 
resumed his seat. 

FASSETT, Captain John.— One of the 

most useful and constantly employed of the 
public men of the state's formative jieriod, 
was born in Hardwick, Mass., June 3, 1 743 : 
the son of Captain Fassett, who came to 
Bennington in 1761, became an innholder 
and captain of the first military company 
formed in town, and was the town's repre- 
rentative in the first Vermont Legislature. 
John Fassett came to Bennington with his 
father. He was lieutenant in Warner's first 
regiment in 1775, ^"d captain in ^^'arner's 
second in 1776. In 1777 he was one of the 
commissioners of sequestration, and with 
Governor Chittenden and Matthew ].yon 
successful in subduing the Tories of Arling- 
ton. He was elected Representative of 
Arlington in the General .Assembly for 1778 
and 1779, and for Cambridge in 1787 and 
1788, 1790 and 1791 ; though in 1779, 1787 
and 17S8 and 1790 and 1791 he was also 
elected councilor. He served in each office 
portions of the time. He was a member of 
the Council in 1779 and until 1795, with the 
exception of 1786, fifteen years. He was 
judge of the Superior Court from its organ- 
ization in 1778 until 1786, eight years; 
and chief judge of Chittenden county court 
from 1787 until 1794, seven years. 

Highland Hall states that Judge Fassett 
died in Cambridge, but the historian of that 
place tells of "Dr. John Fassett who came 
from Bennington in 1784 moving west after 
he had lived in town about forty years, and 
when he must have been an octogenarian." 

KNOWLTON, LUKE, (or Knoulton, as 
he wrote the name), councilor, judge, early 
settler and most influential citizen of New- 
fane, and holding some anomalous positions 
in the early controversies, was born at 
Shrewsbury, Mass., November, 1738. He 
w-as a soldier in the French and Indian war, 
was stationed at Crown Point for a while, 
and came close to starvation in the march 
from that point to Charleston, Nov. 4, where 
his company was obliged to kill its last pack 
horse for food. He came to New'fane in 
1773, the fifteenth family to settle in town, 
and came under a New Vork title which he 
and another man had purchased from a lot 
of speculators in New York City. Naturally, 
therefore, he took the New Vork side in the 
controversy with the Green Mountain boys, 
and adhered to it until i 780, when he and 
Ira .Allen came to terms while they were at 
Philadelphia as agents for the two sides 



before Congress. But it is certain, in spite 
of the accusations of later years, that he was 
on the patriot side at the opening of the 
Revolution, and there is no sufficient reason 
for impugning his patriotism afterwards, for 
at the time it was done he was acting 
in concert with the \'ermont leaders when 
his social and personal connections were 
such as to make him a convenient medium 
of communication with the British. From 
June, 1776, to June, 1777, he was a member 
of the Cumberland county committee of 
Safety. 




^Lay 17, 1774, on the organization of the 
town of Newfane, he was elected town clerk 
and held that position sixteen years. In 
1772 he had been appointed by New Vork 
one of the justices of peace for the county. 
In September, 1780, the Yorkers of Cum- 
berland county sent him to ("ongress as their 
agent to oppose the pretensions of the new- 
state, and for this service he had a letter of 
recommendation from Governor Clinton, of 
New York. It was while on this mission 
that the arrangement was made with Ira 
Allen, on a basis, as the latter wrote, that 
should " be honorable to those who had 
been in favor of New York." The arrange- 
ment was to call a convention of delegates 
of all parties interested, including the New 
Hampshire towns that wanted to unite with 
Vermont. 

The next month we find Knowlton active 
as chairman of a Cumberland county com- 
mittee of thirteen to brim; about this con- 



6o 



KXOWLTON. 



KNOWLTOX. 



vention, which first met at \\'alpole, and then 
called another convention at Charlestown, 
Jan. i6, I 781. He was present at the latter 
convention, acting in concert with Allen, who 
was manipulating it from the outside. The 
result was the "East union" of thirty-five 
New Hampshire towns with Vermont, and 
following that the "West union" of that part 
of New York to the banks of Hudson river, 
north of Massachusetts line to latitude 45". 
Knowlton was evidenth' satisfied with this, 
as were most of the New York adherents in 
^Vindham county, for he soon appeared 
among the leaders in Vermont politics. 

He was town representative in the General 
Assembly of the state of Vermont during the 
years 1784, 1788, 1789, 1792, 1803, and 
1806, and a member of the old council from 
1790 to 1800; judge of the Supreme Court 
in 1 786, and judge of the \\'indham county 
court from 1787 to 1793. 

In 1782 while the Haldimand intrigue was 
at its height and emissaries were passing 
thick back and forth through Vermont, a dis- 
patch was intercepted which showed that the 
British commander in Canada was communi- 
cating with British agents in New York City 
by means of letters, exchanged through Mr. 
Knowlton and Col. Samuel Wells, of Brattle- 
boro. The thing was of course suspicious, 
and there is no doubt that Wells was thor- 
oughly Tory in sympathy ; but it was neces- 
sary for the Vermont policy at this time that 
Haldimand should frequently consult the 
British commander in New York about it, 
and it had to be done through men in whom 
both parties had confidence. The discovery 
was laid before Congress by Washington and 
the result was an order for the arrest of 
Wells and Knowlton. Their escape to 
Canada was aided by the Aliens. Knowlton, 
however, returned within a year, and was at 
his house in Newfane, November 16, 1783, 
when a lot of Yorkers but American sympa- 
thizers broke in and arrested him, and forcibly 
deported him to Massachusetts. General 
Fletcher and Colonel Bradley organized a 
rescuing party, but Mr. Knowlton returned 
before it became necessary for them to act. 
It was this case of abduction for which the 
leader of the rioters, Francis Prouty, was in- 
dicted for burglary at Westminister, and 
which resulted in this curious verdict : "The 
jury find in this case that the prisoner did 
break and enter the house of Luke Knowlton, 
Esq., in the night season, and did take and 
carry away the said Luke Knowlton, and if 
that breaking a house and taking and carry- 
ing away a person as aforesaid amounts to 
burglary, we say he is guilty ; if not, we say 
he is not guilty." The judgment of the 
court on the verdict was not guilty. 

John A. Graham, in a series of rambling let- 
ters descriptive of \'ermont scenery, written 



and ])ublished at the close of the last century, 
thus speaks of judge Knowlton : "Newfane 
owes its consequence in a great measure to 
Mr. Luke Knowlton, a leading character and 
a man of great ambition and enterprise, of 
few words, but possessed of great quickness 
and perception and an almost intuitive 
knowledge of human nature, of which he is a 
perfect judge." "Saint Luke" was the ap- 
pelation given Mr. Knowlton by his contem- 
poraries because of his grave and suave man- 
ners and his decorous deportment even to 
the point of humility. He was liberal and 
generous to the poor, entered heartily and 
zealously into all the public enterprises of 
the day, gave to the county of Windham the 
land for a common on Newfane hill at the 
time of the removal of the shire from West- 
minster to Newfane, and contributed largely 
towards the erection of the first court house 
and jail in Newfane. Judge Knowlton died at 
Newfane Nov. 12, 1810, aged seventv-three. 
His wife, Sarah, daughter of Ephraim Hol- 
land of Shrewsbury, whom he married Jan. 
5, 1760, had died Sept. i, 1797. Three sons 
and four daughters were the fruit of the 
union, nearly all of whom had distinguished 
careers or connections. Calvin, the eldest, 
graduated at Dartmouth and was a promis- 
ing lawyer at Newfane at the time of his 
death at the age of thirty-nine. Patty, born 
in 1762, dying in Ohio in 1S14, married 
Daniel Warner and was the grandmother 
of Hon. Willard Warner, late United States 
senator from Alabama, and during the civil 
war a member of General Sherman's staff in 
his celebrated "march to the sea." Silas, 
born in 1764, married Lucinda Holbrook at 
Newfane, Nov. 30, 1786, and died in Canada 
aged eighty. Sarah, born I\Iay 2, 1767, 
married John Holbrook at Newfane, Nov. 
30, 1786. She died March 22, 1851, aged 
eighty-four. Alice, married Nathan Stone, 
April 24, 1788. She died Nov. 14, 1865, 
aged ninety-six. Lucinda, born August 8, 
1 77 I, married Samuel Willard. They lived 
awhile in Sheldon, from thence they moved 
to Canada, where she died May 4, 1800. 

Luke Knowlton, Jr., was born in Newfane, 
March 24, 1775, died at Broome township, 
Canada East, Sept. 17, 1855, aged eighty. 

Among Judge Knowlton's grandsons, be- 
sides General \\'arner, are Paul Holland 
Knowlton, Broome township. Lower Canada, 
son of Silas Knowlton, who has occupied 
distinguished positions in the Province, and 
was for many years a member of the Canada 
Parliament ; Rev. John C. Holbrook of 
Syracuse, N. Y., an eloquent divine, highly 
esteemed for his piety and learning ; Hon. 
Geo. \y. Knowlton of ^^'atertown, N. Y., and 
Frederick Holbrook, the war Governor of 
Vermont. 



CLARK, Nathan, of ISenninnton, was 
speaker of the first General Assembly after 
the organuation of the state government in 
1778. He was also a native of Connecticut, 
though the place and date of his birth are 
not known, and came to Bennington as early 
as 1762 and died there April 8, 1799, at the 
age of about seventy-four. He was frequently 
chairman of the several committees and con- 
ventions of the settlers. He was chairman of 
the Bennington committee of safety in 1776, 
and received the thanks of General Gates for 
his promptness in supplying Ticonderoga 
with fiour. He was also a member of the 
state council of safety. He represented Ben- 
nington in 1 778. In manners he is described 
as mild and gentlemanly, and he was e\i- 
dently very facile as a manager of men and 
measures. His son, Col. Isaac Clark, known 
as "Old Rifle," was distinguished as a parti- 
san leader in the war of 181 2. 

BOWKER, JOSEPH.— An early settler in 
Rutland, president of every general conven- 
tion, except two, in the state's embryonic 
period, and the first speaker of the General 
Assembly ; " in a modified sense, the John 
Hancock of Vermont," as Henry Hall calls 
him, was born in Sudbury, Mass., or vicinity. 
The tradition as dug up by Mr. Hall is that 
he was early left an orphan, brought up in 
the family of a Mr. Taintor, privately be- 
throthed to his daughter, Sarah, drafted into 
the army during the French and Indian war, 
in the garrison at Ticonderoga one or two 
years, and then returned with so good a rep- 
utation that he soon became the son-in law 
of his quasi guardian. He appeared in Rut- 
land about 1773, and participated in the 
opposition to the New York grant of Social- 
borough which covered that township. 

Yet, although he was the recognized leader 
of the opponents and much trusted in the 
town and state throughout the struggle, he 
was not named in any act of outlawry. He 
soon became a very general office-holder, 
member of the committee of safety, town 
treasurer, selectman, representative, magis- 
trate, conveyancer, and adviser of citizens. 
He was one of the four men that built the 
first saw-mill in town, and all his life "farmed 
it," though apparently rather shiftlessly. At 
the first election under the constitution he 
was elected representative for Rutland, and 
at the same time received the highest vote 
cast for any man as councilor. Before the 
votes for councilor had been canvassed, he 
was elected speaker of the House, which 
office and that of representative he of course 
relinquished on taking his seat in the coun- 
cil. To that body he was elected seven 
times, and until his death. He was the first 
judge of Rutland county court, which office 
he held till December, 1783 ; also the first 



judge of probate, and held that office until 
his death in 1 784. 

He was a superior jiresiding officer, famil- 
iar with parliamentary usages, impartial, 
courteous and quick of apprehension, and 
must have been a man of marked native 
ability though of limited education. 

.\ neighbor speaking in after years, says of 
him : "that Joseph Bowker was greatly looked 
up to for counsel, much esteemed for his 
great and excellent qualities, for many years 
the most considerable man in town, and 
during the negotiations with Canada he was 
always resorted to solely for counsel and 
advice." He seems to have combined with 
his qualities of leadership, moderation, 
and generosity, so that he encountered less 
antagonism than most of his associates in 
the work of state building. 

He died July 11, 1784, just as the little 
republic he had helped to launch was well 
upon her remarkable career, and was buried 
somewhere in the public acre of the ceme- 
tery at Rutland Center, but the exact spot 
nobody knows. The date of his marriage 
is also unknown. He left only two children, 
daughters, who early left the state and set- 
tled somewhere in the West. Few indeed 
are the men who do so useful a work as that 
of Joseph Bowker and yet of whom the rec- 
ord is so meagre and unsatisfactory. 

BAYLEY, Gen. Jacob.— Washington's 
most trusted officer in Vermont, who had 
charge of the protection of the frontier for 
several years, and who was at different times 
an advocate of the claims of New York, of 
the new state, and of New Hampshire to the 
territory of Vermont, was born at Newbury, 
Mass., July 2, 1728. He was a captain in 
the French war in i 736, present at the Fort 
William Henry massacre in 1757, from which 
he escaped, and was a colonel under .Am- 
herst in the taking of Crown Point and 
Ticonderoga in 1759. He came to New- 
bury, Vt., in October, 1764, was in 1775 
elected to the New York Provincial Con- 
gress, though he did not take his seat, and 
was one of the most influential men of that 
part of the state. He was commissioner to 
administer oaths of office, judge of inferior 
court of common pleas, and justice of the 
peace; August i, 1776, he was appointed 
brigadier-general of the militia of Cumber- 
land and Gloucester counties, and in 1776 
he began work on the celebrated Hazen 
road, afterward completed by General 
Hazen, which was designed as a military road 
from the Connecticut river to St. Johns, 
Canada. 

He was, in the early years of the struggle 
between the settlers and New York, one of 
the most trusted representatives of the 
authoritv of the latter, but suddenlv changed 



his position in 1777, writing to the New 
York council under dale of June 14, acknowl- 
edging the receipt of ordinance for the 
election of Governor, Senators and Repre- 
sentatives and saying ; "I am apt to think our 
people will not choose any member to sit in 
the state of New York. The people before 
they saw the constitution were not willing to 
trouble themselves about a separation from 
the state of New York, but now almost to a 
man they are violent for it."' He had 
earlier been chosen by the convention one 
of the delegates to present Vermont's re- 
monstrance and petition to the Continental 
Congress, and he was one of the two repre- 
sentatives from Newbury in the Windsor 
convention of July 17, 1777, that framed the 
constitution. Less than a year and a half 
afterwards, he was a leader in the scheme of 
the Connecticut River towns on both sides of 
the river to join together and form a new 
state, and was chairman of the committee 
that issued, Dec. i, 1778, a long " public 
defense " of their right to do so. In less 
than two years from that time he was an 
emphatic and headlong advocate of New 
Hampshire's jurisdiction over the whole of 
Vermont, and Nov. 22, 1780, wrote to Presi- 
dent Weare of New Hampshire : " For my 
part I am determined to fight for New 
Hampshire and the United States as long as 
I am alive and have one copper in my 
hand." 

But, notwithstanding his erratic state poli- 
tics, he was unflinchingly faithful to the con- 
tinental cause, and his later state flops were 
largely due to his suspicions of the Aliens. 
He warned Washington repeatedly that there 
was treason afoot. "We have half a dozen 
rascals here," he said, and in 1781 he fully 
believed that ^'ermont had been sold out to 
Canada. British emissaries in the state wrote 
to Haldimand in that year, that he had been 
employed by Congress at great expense to 
"counteract underhand whatever is doing 
for government." He was in 1780 intensely 
anxious to lead an invasion into Canada — 
"the harbor for spoils, thieves, and robbers," 
as he wrote President ^Veare. He thought 
then that the patriot cause was "sinking so 
fast" as to make the attempt a vital necessity 
whatever the risk. He did important service 
throughout the war in guarding the ex- 
tensive frontier of two hundred miles, keep- 
ing friendship with the Indians, and keeping 
them employed for the American cause so 
far as he could. He was in this way con- 
stantly in confidential communication with 
^^'ashington to the end of the war. He was 
repeatedly waylaid while in the performance 
of his arduous duties, his house rifled and 
his papers stolen by the bands of both scouts 
and lawless men that roamed the forests be- 



tween the hostile countries. He was a com- 
missary-general during a part of the war. 

He was a member of the famous Council 
of Safety in 1777, and the next spring was 
elected to the Covernor's Council. He was 
at Castleton in military service in 1777, but 
appears to have been acting under his New 
York commission. For the next few years 
the Vermonters had no use for him, but in 
1793 he was again elected councilor by a 
close margin over John \Miite. He repeat- 
edly represented his town in the Legislature, 
and was a judge of Orange county court 
after that county was organized. 

He died at Newbury, March i, 1S16. He 
was married, Oct. 16, 1745, to Prudence 
Noyes. They had ten children, and their 
descendants have been numerous and re- 
spectable. 

MARSH, JOSEPH, the first Lieutenant- 
Governor of the 
state, and an- 
cestor of sever- 
al of the ablest 
men that have 
graced Ver- 
mont history, 
was born at Le- 
banon, Conn., 
Jan. 12, 1726, 
the son of Jos- 
eph Marsh and 
descended from 
John Marsh, an 
early Puritan, 
and from Dep- 
uty Governor 
He is, however, said to 
a single month's school- 
ing himself. He came to Hartford in 1772 
and soon became active and influential 
in public affairs. He took the New York 
side in the early part of the controversy 
over the grants, as did a vast majority of the 
people on the east side of the mountains in 
the beginning, because they had their grants 
from New York, or where they were from 
New Hampshire, New York had taken pains 
to secure their friendship against the "Pen- 
nington mob" by confirming them. 

In August, 1775, he was by New Vork 
authority appointed lieutenant-colonel of the 
upper regiment of Cumberland county, and in 
the January following he was promoted to a 
full colonelcy. He was also in 1776 ap- 
pointed by the Cumberland county commit- 
tee of safety a delegate to the New York 
Provincial Congress for the sessions begin- 
ning in February, May, and July ; but he 
appears to have been present only at the 
May and a part of the July session, and 
within a year of that time he was among the 
leaders of the "new state" men, participat- 




John Webster, 
have had but 



CARPENTER. 



63 



ing in the conventions of June, lulv, and 
December of that year, and being their vice- 
president. The July convention made him 
chairman of the committee to procure arms 
for the state. As military commander he 
did some efficient service that year, (jeneral 
Schuyler ordered him, in February, to enlist 
every fifth man in his regiment to reinforce 
the Continental army at Ticonderoga, and he 
executed the order with remarkable prompt- 
itude. The Vermont council of safety, in 
August, ordered him to march half of the 
regiment to liennington, and he did so, but 
apparently not in season to participate in 
that battle, though the regiment was after- 
ward in service under his command on the 
Hudson. 

When the new state government was or- 
ganized in March, 1778, he was, by a narrow 
margin, elected Lieutenant-Governor, and was 
re-elected for another term and then was 
succeeded by Benjamin Carpenter. In 17S7, 
however, he was again elected and successive- 
ly reelected until 1 790. He was almost simul- 
taneously with his first election as Lieutenant- 
Governor, made chairman of the court of 
confiscation for Eastern Vermont and was 
also during the "East union" chairman of 
the committee of safety for a section of Ver- 
mont, including also the annexed territory 
from New Hampshire and had his head- 
quarters at Dresden. He represented Hart- 
ford in the (General Assemblies of 1781 and 
'82, was one of the first council of censors 
and was from 1787 to 1795 chief judge of 
the Windsor county court. He died Feb. 9, 
1811. 

Colonel Marsh married, Jan. 10, 1750, 
Dorothy, a descendant of Gen. John Mason, 
the famous commander of the English 
forces in the Pequot Indian war, and an 
aunt of the distinguished jurist Jeremiah 
Mason of Boston. Among their descend- 
ants have been Professor and President 
James Marsh of the University of Vermont, 
Dr. Leonard Marsh of Burlington, Charles 
Marsh, congressman and famous lawyer, and 
greatest of all, George P. Marsh, congress- 
man, minister to Turkey and Italy, Scandi- 
na\ian scholar and a profoundly able author 
in many lines. 

Governor Marsh is described by his grand- 
son, Hon. Roswell Marsh of Steubenville, 
Ohio, who was brought up in the former's 
family, thus : " He excelled in acquiring 
knowledge from conversations, and his own 
was exceedingly interesting. His knowl- 
edge, however acquired, was utilized by a 
close logical mind. His temper was equable, 
and children loved him. In politics nothing 
save remarks disrespectful to President 
Washington, ever disturbed him, for he was 
of the pure \\'ashingtonian school, and 
trained his children in it. He was an 



earnest Christian, but free from bigotry. In 
person he was of large stature and well pro- 
jjortioned — broad shouldered, large boned, 
lean and of great muscular power ; in 
weight over two hun,dred." 

CARPHNTHR, BENJAMIN.— Colonel in 
the Revolutionary service, Lieutenant-Gov- 
ernor, I 779-'8i, among the foremost of the 
early patriots of the state, and a character 
whose steady strength of principle makes 
one of the most interesting figures of Thomp- 
son's romance, was born in Swanzey, Mass., 
May I 7, 1725, the son of Edward and Eliza- 
beth (Wilson) Carpenter. He had only a 
common school education, yet he was evi- 
dently a man of prominence before he came 
to \'ermont, for the famous inscription on 
his tombstone at Guilford states that he was 
a magistrate in Rhode Island in 1764. He 
appeared on the Grants and settled in Guil- 
ford in 1770, and he was the first delegate 
from Guilford to a \'ermont convention and 
one of the very few on the east side of the 
state that had any part in the early struggles 
against New York. He was in the ^Vest- 
minister convention of April 11, 1775, which 
condemned the New York government for 
the Westminster massacre, in the Dorset and 
Westminster conventions of 1776, and in 
the Windsor convention that framed the con- 
stitution of the state. An incident in this 
connection, given on the authority of the 
late Rev. Mark Carpenter, shows a creditable 
freedom on his part from the greed for land 
speculation which was so mixed up with the 
\'ermont patriotism of those days. 'I'he Leg- 
islature, which consisted largely of the men 
who had framed the constitution, voted to 
themselves several townships of land as 
" compensation for their long and self-sacri- 
ficing services." Colonel Carpenter voted 
against the measure, denounced it as detract- 
ing from the dignity of the work, and to his 
dying day persisted in never touching what 
the town \oted to him, (Barre), or in taking 
any compensation for his public services. 

In the heated politics of Guilford, going 
far beyond what was ever known elsewhere 
in the state, the New York adherents got 
atop in 1778 and ruled the town for the 
next thirteen years ; but Colonel Carpenter 
fought them uncompromisingly and at much 
risk and sacrifice, as it is recorded that in 
December, 1783, he was taken prisoner by 
the \'orkers and carried away " to his great 
damage." 

He was a leader among the patriots as 
soon as the Revolution broke out, being 
chairman of the Cumberland county com- 
mittee of safety Feb. i, 1776, and by that 
body was nominated lieutenant-colonel of 
militia and the appointment confirmed by 
New York authoritv. He was a member of 



64 



HASWELL. 



the Council of Safety which managed the 
1777 campaign so efificiently, building out 
of disaster and disorganization the victory 
at Bennington and the eventual capture of 
Burgoyne. With pack and cane he went 
afoot from his Guilford home, thirty miles 
through the woods by his line of marked 
trees, to attend the meeting of the Council 
that took the decisive measures of confiscat- 
ing Tory estates to raise money, and stimu- 
lating enlistments by the promise of a 
township of land for each company. So 
important were his services recognized to 
be, that at the second election of the new 
state in 1779, he was chosen Lieutenant- 
Governor and re-elected in 1780. In the 
later politics of the state he was a staunch 
Jeftersonian ; in the words on the tombstone : 
" A public leader of righteousness, an able 
advocate to his last for Democracy and the 
equal rights of man." His last office was 
that in the Council of Censors in 17S3. 

He was a deacon in the Baptist church, of 
which he was for fifty years a member, influ- 
ential throughout the denomination in New 
England, and occasionally preaching himself. 

He died March 29, 1804, at the age of 
nearly seventy-nine, and leaving one hun- 
dred and forty-six persons of lineal posterity. 
His wife was a fourth cousin, Annie, daugh- 
ter of Abial and Prudence Carpenter, whom 
he married at Providence, R. I., Oct. 3, 

1745- 

Colonel Carpenter was a man of impres- 
sive presence, being over six feet tall and 
weighing two hundred. Thompson's His- 
tory of Vermont truly says that he " deserv- 
edly holds a conspicuous place in the early 
history of the state." 

HASWELL, ANTHONY.— Editor, pub- 
lisher, and author, the postmaster-general of 
the state when it was an independent re- 
public, and in after years one of the victims 
of the alien and sedition laws, was born at 
Portsmouth, Eng., April 6, 1756, came to 
Boston when he was thirteen years old, 
learned the printer's trade with Isaiah 
Thomas, afterwards drifted to Vermont and 
started the Vermont Gazette at Bennington, 
June 5, 1783. He was for many years one 
of the public printers of the state, the work 
being divided between his and the press 
established at Windsor about the same time. 
The Legislature in 1784 passed an act 
establishing postoffices at Bennington, Brat- 
tleboro, Rutland, Windsor, and Newbury, 
and made him postmaster-general, and this 
position he held with extensive powers and 
increasing business until the state was ad- 
mitted to the LTnion' in 1791. In national 
politics he then became an ardent Repub- 
lican, and when Mathew Lyon was prose- 
cuted under the sedition law, he criticised the 



proceeding severely in his paper, and also 
published another article severely condemn- 
ing President Adams' appointment to office. 

The articles, though they showed consid- 
erable warmth of feeling, were not anywhere 
near as bad as have been published thou- 
sands of times since in political controversy 
without exciting more than passing attention, 
and they did not begin to compare for bit- 
terness and personal invective with the utter- 
ances which the Federalists were constantly 
pouring forth from both press and pulpit 
against Jefferson and the Democratic lead- 
ers. Nevertheless, he was indicted before 
the United States Circuit court, at Windsor, 
and sentenced by Judge Patterson to S200 
fine and two months' imprisonment. He 
was allowed to serve out the imprisonment in 
the jail at Bennington, but the fine he had to 
pay, and it was refunded to his descendants 
over fifty years afterward. The prosecution 
made him a good deal of a popular hero, as 
it did Lyon, and the celebration of the 
Fourth of July in 1800 was postponed at 
Bennington till July 9, when his term ex- 
pired, and he was liberated amidst the roar 
of cannon and a great demonstration of the 
people. 

The publication of the old Bennington 
Gazette which Mr. Haswell established was 
continued with occasional interruption both 
before and after his death, until 1849, when 
it expired in the hands of his son, John C. 
Haswell. The elder Haswell also started a 
paper in Rutland, in 1792, called the " Her- 
ald of Freedom," the progenitor of the pres- 
ent Rutland Herald, but his office was burned 
after he had issued the fourteenth number, 
and it was to recoup this misfortune that the 
Legislature authorized him to raise $200 by 
lottery. Mr. Haswell ventured twice into the 
magazine field, starting in March, 1794, "The 
Monthly Miscellany, or Vermont Magazine," 
and on Jan. 8, 180S, another monthly called 
the "Mental Repast." Both had a short life, 
though the latter carried considerable original 
and interesting matter. He published a 
good many books and pamphlets from his 
office, among them the " Memoirs of Capt. 
Matthew Phelps " of which he was the author, 
and he wrote or rather composed much on 
moral, religious and political subjects, in 
both prose and verse, for most of his thoughts 
took shape as he put them into type at his 
case. 

He was a man of decided ability, warm 
and impulsive temperament and thorough 
conscientiousness. He was twice married, 
and dying. May 26, 18 16, left numerous de- 
scendants. 

PAYNE, ELISHA. — Lieutenant-Governor 
in 1 781, simultaneously chief judge of the 
Supreme Court, and in 1782 one of the dele- 



CHANDLER. 



gates to Congress, appears only brielly in 
\'ermont history, during tiie continuance of 
the " Kast union " of New Hampshire towns 
with Vermont. He was born at Canterbury, 
Conn., in 1731, became quite prominent in 
New Hampshire in colonial days, doing 
good service in the French war, rising to be 
colonel and deputy surveyor-general of the 
King's woods, to preserve the pine trees re- 
served in all grants for the royal navy. In 
the short-lived union of the sixteen New 
Hampshire towns with X'ermont in 1778, 
Colonel Payne appeared as representative of 
Cardigan, N. H., and was elected councilor, 
though he refused the position because he 
thought he could be more useful in the House 
in resisting the effort he knew would be 
pressed to dissohe the union. He was a 
leader in the Charleston convention of i7iSi 
which, with the aid of Ira Allen's manipula- 
tion, resolved to ask annexation to \'ermont 
of all of New Hampshire west of a line 
seventy miles from the sea-coast, instead of 
attempting to form still another new state of 
this part of New Hampshire and the eastern 
half of \'ermont, as had been originally 
planned. 

He urged the union energetically and 
eloquently before the Vermont Legislature 
until it was consummated in the .April fol- 
lowing, when he enjoyed a liberal share of 
the honors of the new state as above stated. 
His election as Lieutenant-Governor was by 
the Legislature, as there had been no choice 
by the people. In the winter following, 
when New Hampshire started to regain the 
seceded territory by force, Mr. Payne's ad- 
dress and firm stand undoubtedly went far 
to avert bloodshed. When Governor Chit- 
tenden ordered him to call out the militia 
" to repel force by force," he at once wrote 
President Weare of New Hampshire stating 
his instructions, but in a tone so conciliatory 
and yet firm that peace was restored. When 
this last " union " was dissolved, Gov- 
ernor Payne adhered to New Hampshire, 
though he had now such a hold on the 
respect and affections of the people of Ver- 
mont that he could have commanded high 
honors from them which were impossible 
from the former state. He died at Lebanon, 
July 20, 1807, aged seventy-six. One of his 
descendants was Col. E. P. Jewett, of Mont- 
pelier. 

CHANDLER, ThO.MAS.— Among the 
earliest and most influential settlers on the 
east side of the mountain, but dying finally 
in poverty and disgrace, was a native of 
Woodstock, Conn. He was born July 22, 
1709, and came to Vermont in 1763, being 
one of the proprietors under New Hampshire 
of the present town of Chester, luider the 
name of New Flamstead. He procured its 



rechartering with the name of Chester by 
New Vork, after jurisdiction had been given 
that colony by the Crown, and in the course 
of 1766 was appointed justice of the peace, 
surrogate of the county, colonel of militia, 
and judge of the inferior court of common 
pleas under New Vork authority, and held 
all these appointments when the (-ounty was 
reorganized by direct act of the Crown. 

His conduct at the attempted session of 
the court that led to the Westminster massa- 
cre is difficult to understand. 'I'he picture 
which D. P. Thompson paints in such dark 
colors of the sycophancy, the cowardice and 
tergivisation of his conduct corresponds to 
the idea that was generally held at the time 
and covered his reputation with an obloquy 
from which it never recovered. There is no 
doubt that he wavered in his ideas of duty. 
He had presided at meetings of settlers that 
resolved to resist the British encroachments. 
He had publicly said a few days before that he 
thought it would not be best to hold the court, 
"as things then were," but yielded to the more 
resolute loyalty of Judge Sabin and perhaps 
to the pressure of the land grabbers by whom 
he was surrounded, and convened the court, 
though he evidently exerted himself to a\ert 
the violence that followed, and conducted 
himself with prudence and dignity through 
the difficulty. He was im])risoned for tw'o or 
three days by the popular party and though 
released on bonds was never brought to trial. 
He appears to have been zealously on the 
patriot side in the next few years, though so 
distrusted that he had no public position. 

He was deeply embarrassed financially in 
his later years, the result, as Thompson 
charges, "of a long course of secret fraud in 
selling wild land to which he had no title," 
and in 1784 petitioned the Legislature for 
an act of insolvency in his favor. It was 
finally granted, June 16, 1785, but on June 
20 of the same year he died in jail at West- 
minster, where he had laid for several 
months, and was buried privately and with- 
out funeral, owing to the superstition that 
then prevailed about the inhumation of the 
body of an imprisoned debtor. 

Similarly wretched was the fate of his 
two sons, who came with him to Chester 
after a residence of a year or two at Walpole, 
N. H. John, the eldest, was assistant judge 
for six years, 1766 to 1772, and county clerk 
for nearlv the same period : but he was re- 
moved for misconduct, and the rest of his 
career is buried in obscurity, except once in 
I 781, when a case appears before the Legis- 
lamre to recover a tract of 9,000 acres of 
land in Tomlinson (Grafton) which he had 
unlawfully deeded as attorney for a Tory, 
after the latter had joined the enemy, and 
showing that he had his father's business 
habits. 



66 



HAZELTINE. 



Thomas Chandler, Jr., the second son, 
first secretary of state for a few months, 
then for nearly three years speaker of the 
General Assembly, was born Sept. 23, 1740, 
and died towards the close of the century in 
poverty and embarrassment, like that of his 
father. He was also for nine years, 17 76-' 75, 
an assistant judge of the inferior court of 
common pleas, a court which New York 
seems to have made a family snap for the 
Chandlers. But he was soon after active 
among the Vermont men, was a delegate in 
the Westminster convention of October, 
1776, and January, 1777, was elected to the 
first General Assembly in March, 1778, and 
chosen its clerk, but abandoned the post to 
take the secretaryship of state, was re-elected 
in 1778 and 1781, was a member of the 
council in 1779 and 1780, a commissioner 
of sequestration on the estates of Tories, 
and was judge of the first Supreme Court, 
elected in October, 1778. He resigned the 
speakership of the Assembly in the middle of 
the session of 1 780, because of charges 
brought by Azariah '\\'right of Westminster, 
alleging that he had acted as an attorney 
for a negro while speaker, and that he also 
invited the massacre at Westminster in 1775 
by misleading the sons of liberty by writing 
to them that he knew his father's mind in 
their favor. Chandler brought a libel suit 
against Wright because of these charges, 
and finally recovered some $50 and costs, 
but they nevertheless brought him into 
"great discredit" and he sank into a rapid 
decline politically. He was once elected a 
judge of the Windsor county court in 1786, 
and in 1787 again represented Chester in 
the Assembly, but the prejudice against him 
was too great to permit his successful ad- 
vancement. He was, however, an undoubted 
patriot during the war, and exerted himself 
much for the patriot cause in Chester town 
meetings. The records of the Governor 
and council in October, 1792, show that 
like his father he was a petitioner for an act 
of insolvency in his favor, having been re- 
duced to poverty "by a long series of sick- 
ness in his family." 

SAFFORD, Gen. Samuel, — Revolu- 
tionary soldier, judge and councilor, was born 
at Norwich, Conn., April 14, 1737, and came 
to Bennington among its earliest settlers. He 
took an active part in the land controversy 
with New York, represented Bennington in 
several of the conventions of settlers, and 
was an ardent advocate of the new state idea. 
When the regiment of Green Mountain Boys 
was organized under the recommendation of 
Congress to support the Revolutionary cause, 
he was chosen major and second officer to 
Warner, who was lieutenant colonel, and 
he served under ^^'arner in Canada, and 



when Warner's continental regiment was 
raised Safford was appointed lieutenant col- 
onel, and as such fought at Hubbardton and 
Bennington and throughout the war. The 
Legislature in 1781 elected him general of 
militia. He represented Bennington in 
1 781 and '82 and the next year was elected 
state councilor and regularly re-elected for 
nineteen years. In 1781 he was elected 
chief judge of Bennington county court and 
held the office for twenty-six successive 
years. Governor Hall well describes him as 
"an upright, intelligent man of sound judg- 
ment and universally respected." "He was 
one of the few who were cognizant of the 
Haldimand negotiations, but his patriotism 
was never questioned," says Walton. He 
died March 3, 1813, and tliere are some of 
his descendants still at EJennington. 

HAZELTINE, JOHN, of Townshend, was 
one of the early and most trusted patriots on 
the east side of the mountain. He came to 
Townshend from Upton, Mass., soon after 
the first settlement in 1761. He was chair- 
man of the convention at Westminster, Oct. 
19, 1774, which resolved to "assist the peo- 
ple of Boston in defense of their liberties to 
the utmost of our abilities," and also chair- 
man of the convention of Feb. 7, following, 
which formed a standing committee of cor- 
respondence with the friends of independence 
in other colonies, and he was made, by order 
of the convention, custodian of all its papers. 
He was one of the committee appointed by 
the convention after the Westminster massa- 
cre to draw up resolutions of indignation 
and resistance to the authority of New York. 
He procured the signature of every man in 
Townshend to a pledge to maintain and dis- 
seminate the principles of American liberty. 
In May, 1775, he was appointed with Dr. 
Spooner and Major Williams a delegate from 
Cumberland county to the Provincial Con- 
gress and Convention of New York and 
attended, but remained only three days. He 
was the person to whom bonds with security 
were given by sundry of the persons who 
were arrested for participation in the West- 
minster massacre. This is only one of the 
evidences of the confidence in which the 
whigs held him. Another is the epithet 
"King Hazeltine" which John Grout, the 
pestilent Tory, bestowed on him. He died 
in the early part of 1777, owning about one- 
fourth of the land of Townshend. He was 
quite a land speculator, and his enemies used 
to tell amusing tales of the sharp methods by 
which he got his titles. 

FLETCHER, GEN. SAMUEL.— Judge, 
councilor and Revolutionary soldier, was 
born at Grafton, Mass., in 1745, served a 
year in the French and Indian war, married 



TOWNSHEND. 



JONES. 



67 



a daughter of Col. John Hazeltine, and gave 
up the blacksmith trade to which he had 
been trained, and moved to Townshend. 
He was one of the few men on the east side 
of the mountain active in the formation of 
the new state and was a member of the con- 
ventions of October, 1776, and January, 

1777. He was at the Bunker Hill fight as 
orderly sergeant, then was made captain of 
militia, was at the siege of Ticonderoga and 
the Bennington fight in 1777 and on the 
way to the former at the head of a party of 
thirteen, he attacked a British detachment 
of forty, killed one and took seven prisoners 
without the loss of a man himself. He was 
promoted to be major and continued in the 
service until after the surrender of Burgoyne. 
He was afterwards a brigadier and major 
general in the Vermont Militia, represented 
Townshend at the first session under the 
new government in 1778 and also in 1779. 
He was councilor from 1779 to 1790 and in 
1808, sheriff of Windham county from i 78S 
to 1S06, and judge of the county court in 

1778, 1783, 1784 and 1786. He was ap- 
pointed a judge of the superior court in 
1782 but refused to serve. He died Sept. 
15, 1 814. Physically he was a man of fine 
proportions and manly beauty, elegant in 
manners and bland and refined in deport- 
ment, while his intellectual equipment was 
strong and his courage, integrity and busi- 
ness capacity conceded. He was a fine 
writer and through much of his active life 
kept a journal, recording daily events of 
public importance, but it was unfortunately 
lost in the burning of the house of his son- 
in-law and executor. One of his daughters 
married Epaphroditus Ransom, afterwards 
Governor of Michigan. 

TOWNSHEND, MiCAH, for twenty-four 
years a lawyer at Brattleboro, Secretary of 
State i78i-'88, and the ablest and most 
trusted of the "Yorkers" in the early years 
of the controversy, was born at Cedar 
Swamp, Oyster Bay, L. I., May 13, 1749, 
graduated from Princeton in 1767, studied 
law in New York City, and first settled in 
practice at White Plains, N. Y. He was 
active among the young patriots there at the 
opening of the Revolution, clerk of the 
county committee of safety, and ca])tain of a 
company of militia to operate against the 
Tories. The destruction of the village of 
White Plains by fire caused him to start 
anew in life and to locate at Brattleboro, 
where, in August, 1778, he married Mary, 
daughter of Col. Samuel Wells. He was 
here in confidential correspondence with 
Governor Clinton, making a series of able 
and cool-headed reports on the condition of 
affairs and frequently being entrusted with 
important negotiations with the Vermont 
men. He was a delegate from Cumberland 



county to the New York .Assembly, and ex- 
erted a great influence there. He earnestly 
opposed the ])ro]iosal to divide the state on 
the mountain line with New Hampshire after 
the extraordinary exertion.s and sacrifices the 
people of his county had made to remain in 
New York, and his arguments were effective 
in dissuading New York from going into the 
scheme. 

Finally he became satisfied that New York 
could not maintain her claims, and gave in 
his adherence to the new state, which was 
quick to avail itself of his talents in public 
employment. Besides the secretaryship of 
state, he was judge and register of probate 
for Windham county from 1781 to '87. He 
resigned the former office in '88, and the 
Legislature, by resolution, " expressed the 
warmest sentiment of gratitude for the fidel- 
ity and skill " with which he had peformed 
its duties. Nathaniel Chipman regarded him 
as one of the ablest and most useful men the 
state had at this period. He served with Chip- 
man on the committee to frame the " quieting 
act." He was secretary of the council of 
censors for the first revision of the constitu- 
tion, and his promptness and skill with rec- 
ords, and his facility in phrasing legislative 
propositions made him almost indispensable 
to the times. He had a large and success- 
ful practice as a lawyer, was not renowned 
for oratory, but for the clear, cogent way he 
had of making his statements. He, how- 
ever, quitted the state and country in 1801, 
selling his Brattleboro property to Judge 
Tyler, and settling in Farnham, Que., on 
lands which the British government had 
granted his father-in-law for his Toryism, 
where he died, April 23, 1832. 

JONES, Dr. Reuben, of Rockingham 
and afterwards of Chester, was the earliest 
and perhaps the most active of the new state 
men on the east side of the mountains. He 
was active in stirring up the people to arrest 
the loyal court after the Westminster massa- 
cre, riding express and hatless to Dummer- 
ston on this errand. He gave history the 
answer to the misrepresentation of the offi- 
cial reports, with his "relation" of the affair. 
He was an efficient member of each of the 
Vermont conventions, beginning with that of 
Sept. 25, 1776, and being secretary of several 
of them. He represented Rockingham in 
the first four Legislatures and also Chester 
for one year. He was one of the most ar- 
dent and uncompromising whigs in the state. 
His later years were spent in deep po\erty 
and in dodging back and forth between New 
Hampshire and \'ermont to avoid imprison- 
ment for debt. Once when under arrest pop- 
ular sympathy forced his release, for which he 
and two friends were indicted in the W'intlsor 
county court. 



68 



SPAULDING. 



SPAULDING, Lieut. Leonard, of 

L)ummerston, shared with Dr. Jones the 
honor of being among the earliest leaders in 
this county of the new state men. He was 
born, probably in Rhode Island, (Jet. 28, 
1728, served in the French and Indian war 
and soon after its close settled in Putney and 
later for a few months in \\estmoreland, N. 
H. He was a member of all the conven- 
tions beginning with September, 1776, but 
for years before that he had been a headlong 
agitator against both royal and New York 
authority, and had built up a strong popular 
following. It was early when he shocked 
pious people by denouncing the King as 
"Pope of Canada" because of the Quebec 
bill. In 1 77 1 while he was a resident of 
Putney some of his property had been seized 
under a judgment of a York court, and a 
large party crossed the river from New 
Hampshire and rescued it by force. In 1774, 
after he had come to Dummerston, he was 
arrested and imprisoned at \\'estminster for 
high treason in speaking disrespectfully of 
the King, and it is related that it required 
three or four Yorkers to arrest him. .\ meet- 
ing of indignation was held at Dummerston 
the next day to denounce " the ravages of 
the British tyrant and his New York and other 
emissaries." A large body of men formed 
from that town, Putney, Halifax and Draper 
and proceeded to \\'estminster a few days 
later and forcibly released him. He was once 
arraigned before the county committee for the 
arrest and imprisonment of Col. Sam Wells, 
which in the excess of his patriotic zeal he 
had effected at the head of a body of fol- 
lowers. But his penalty w-as only a require- 
ment of apology to the Tory leader, which he 
made. He was the first man in Dummers- 
ton to shoulder his gun and start for West- 
minster for the fight of March 13, 1775. He 
joined the Re\olutionary army as soon as hos- 
tilites broke out, served through most of the 
war, gained a captain's commission, was in 
the battle of Bennington and was wounded 
in the batde of White Plains, Oct. 28, 1776. 
He represented Dummerston in the General 
Assembly in 1778, 'Si, '84, '86, and '87. He 
died July 17, 1788, aged fifty-nine. 

PHELPS, Charles.— The first lawyer 
to settle upon the grants, in 1764, one of 
the leaders in the organization of Cumber- 
land county, and the most unbending of all 
the "Yorkers," though a supporter of the 
Revolution, was born at Northampton, Mass., 
.'\ugust 15, 1717, of a family which had con- 
tained John Phelps, private secretary of 
Oliver Cromwell. He was one of the orig- 
inal grantees of Marlboro under New Hamp- 
shire authority, and he petitioned unsuc- 
cessfully for a confirmation of the charter 
by New York, but nevertheless supported 



New York authority with a courage and 
devotion that were pathetic in the sacrifices 
and suffering it caused him, but with an ec- 
centricity that indicated the twist of mind 
that after events made only too evident. 
"Vile ^'ermonters" was his regular epithet 
for the great men of the new state. For a 
time after the \\'estminster massacre, when 
New York and royal authoritv appeared to 
be identical, he was in revolt against both, 
and was on the committee that framed reso- 
lutions of denunciation. At one time also 
he intrigued industriously for the annexa- 
tion of the state to Massachusetts, declaring 
that he regarded the authority of New York 
as composed of "as corrupt a set of men as 
were out of hell," and that he would as "soon 
put manure in his pocket as a commission 
from New York" — though he held such com- 
missions for a good share of his life. But 
this aberration was short-lived, and he was 
soon engaged again in fighting New York 
fights. 

Twice, in 1779 and 17S2, he appeared 
before Congress, first as a delegate from the 
Yorkers of Cumberland county, and last on 
his own responsibility, to oppose the recog- 
nition of the new state, and he stuck to the 
latter mission, penniless, hungry, and almost 
freezing at one time, an actual object of 
charity from the New York delegates, until, 
by his " persistence, zeal, craftiness, and 
finesse," as Jay describes it, he thought, as 
was the general idea, that he had won in the 
resolution from Congress, ordering " full and 
ample restitution " to be made to the New 
York adherents who had been arrested or 
imprisoned, or had their property confis- 
cated, and declaring the purpose of Congress 
to enforce a compliance with this demand ; 
but he found when he reached Vermont that 
these resolves were treated with as much in- 
difference as the edicts of New York. It 
was while on this mission that he wrote 
his trenchant pamphlet, " Vermonters Lln- 
masked." 

He was jailed in January, 1784, his prop- 
erty ordered to be sold for the benefit of the 
state, and even his law books given to Nath. 
Chipman and Micah Townshend to pay for 
their services in revising the laws of the 
state. But his petition for pardon and re- 
mission of sentence, on taking the oath of 
allegiance, brought a resolution of the Legis- 
lature in October, 1 784, restoring such prop- 
erty as had not been sold for the benefit of 
the state. One of the reasons given for this 
clemency was his fidelity to the whig cause. 
But his allegiance was only nominal. He 
remained to the end intensely opposed in 
feeling to the new state, and he dated his 
last will at " New Marlborough, in the county 
of Cumberland and state of New York." 
He died in April, 1 789, at the age of seventy- 



A GROUP OK TORIES. 



69 



three. Among his descendants have been 
some exceptionally able men, but all, in the 
early generations at least, showing often to 
the point of insanity, the mental eccentrici- 
ties that became so marked in his later years. 
His oldest son, Solomon, a graduate of Har- 
vard and a lawyer and preacher of fine 
powers, committed suicide at the age of 
forty-eight, 'limothy, his third son, a man 
of great energy of character and steadfast- 
ness of opinion, and sheriff of Cumberland 
county under New York authority, ])assed 
his later years with darkened mind. 

John I'helps, son of Timothy and grandson 
of Charles, was register of probate, state sena- 
tor and councilor in 1831 and 1832. Other 
descendants have been : John Phelps, of 
Guilford, son of Timothy, who was state 
councilor in 1831 and 1S32, his son Charles 
E. Phelps, congressman from Maryland and 
brigadier-general of the Union army ; Judge 
Charles I'helps, of Townshend, who was 
councilor in i820,-'2i,-'22, and his son, the 
late Judge James H. Phelps, of Townshend ; 
Gen. John W. Phelps, the author, scholar and 
accomplished soldier, who entered the war 
with such brilliant prospects which were 
blasted by his quarrel with Butler and his in- 
sistance on emancipation of negroes in 
Louisiana before the administration was 
ready for that measure, and who was the 
anti-Masonic candidate for President in i 780. 
Except for a young son of General Phelps, 
the male line of the family is now extinct. 

ENOS, Gen. Roger.— One of the few 
men in the secret of the Haldimand corres- 
pondence, and Vermont's military com- 
mander through that trying period, was born 
at Simsbury, Conn., in 1729. He was in 
the colonial service, and in the French and 
Indian war, being promoted to be an en- 
sign in 1760, an adjutant in 1761, and a 
captain in Col. Israel Putnam's regiment in 
1764. He also took part in the Havana 
campaign of 1762. He was afterwards a 
member of the commission to survey lands 
in the Mississippi valley. He promjjtly 
took the side of the patriots at the outbreak 
of the Revolution and had command of the 
rear guard of .Arnold's expedition against 
Quebec. He left it, however, with a siz- 
able detachment, in order to avoid starva- 
tion, as he claimed. He was afterwards 
courtmartialed under a charge of cowardice 
in this action but was honorably acquitted. 
He was lieutenant-colonel of the 16th Con- 
necticut regiment in 1776, and colonel of 
another regiment in 177 r' '9- In 17S1 he 
came to ^'ermont, settling at Enosburg, 
which was named after him, and his inti- 
macy with the Vermont leaders, so many of 
whom had come from Connecticut, at once 
gave him a prominent position. He was 



that year appointed brigadier-general in com- 
mand of all the \'ermont troops and was at 
the head of the army that was pretending to 
resist the invasion from Canada. In 1787 
he was appointed major-general of the First 
Division of the militia but resigned in 1791, 
after thirty-two years of nearly continuous 
military service. He was a member of the 
Vermont board of war from 1781 to 1792, 
served several terms in the General .As- 
sembly, was a trustee of the Vermont Uni- 
versity, a member of the commission to 
adjust the trouble with New Hampshire, and 
of the committee to consider to resolutions 
of Congress for the admission of the state to 
the Union. His daughter married Ira .Allen 
and his son, Pascal Paoli, was one of the 
four proprietors of the original site of 
Springfield, 111. 

A GROUP OF TORIES.— .As before 
stated, notwithstanding the peculiar situation 
of the state, outside of the Union, or recog- 
nition with the other colonies, an independ- 
ent republic, having to maintain herself by 
her own efforts, Vermont contained fewer 
Tories and British sympathizers than any 
other part of .America. 

Perhaps the most distinguished of these 
was the one who played only a brief part 
either in Vermont or on earth after the Rev- 
olution began. 

Crean Brush came to this country about 
1762, from Ireland, where he had evidently 
had quite a career, being educated as a 
lawyer and having held a commission in the 
military service. He first settled in New 
York City, was for several years assistant 
under the deputy secretary of the province 
and having by his connection obtained large 
grants of land in this section, came to West- 
minster in 1 77 1, was appointed clerk of 
Cumberland county, obtained a large law 
practice, and cut a big figure among the 
high-toned and arrogant loyalists. He and 
Col. Samuel \Yells were elected, in 1773, as 
representatives from the county to the (Gen- 
eral .Assembly of New York, where Brush 
became a leader in the advocacy of all min- 
isterial measures, fighting against the meas- 
ures of Schuyler, ^Voodhall, and the leading 
patriots, and made the report offering a re- 
ward for the head of Ethan .Allen— whom his 
step-daughter afterwards wedded — and the 
other Vermont patriots. 

When hostilities broke out Brush offered 
his services to General Gage at P.oston, and 
was employed in removing goods from the 
buildings where Gage wished to take winter 
quarters. He improved the opportunity for 
pillage and plunder of the merchants and 
people by the wholesale, packed a ship with 
goods he had seized under his commission, 
and calculated to make himself wealthy. 



70 



A GROUP OF TORIES. 



J ROUP OF TORIES. 



But the ship fell into the hands of an Ameri- 
can cruiser, and Brush and some of his fellow 
plunderers were thrown into jail at Boston, 
but he finally escaped by the time-honored 
device of donning his wife's apparel, when 
she came to visit him. He made his way to 
the British quarters at New York, but met 
little but contempt from Lord Howe, and 
living in poverty and neglect for several 
months, finally blew his brains out in an 
apartment house. His large estate in Ver- 
mont was confiscated to the use of the state, 
his name being included in the 12S specified 
by a legislative act as Tories. 

Samuel Adams formed a company of 
Tories from Arlington, Sandgate and Man- 
chester, to co-operate with Pkirgoyne. 

Capt. Jehial Hawley, the founder of ."Xrl- 
ington, connected by marriage with the 
Warners, a leader among the settlers against 
New York, though peaceful and a non-com- 
batant, was strongly royalist in sympathy, 
and took refuge with Burgoyne, and died 
on Lake Champlain while on his way to 
Canada. He had several sons who took the 
same side, and one of them, Eli, helped con- 
vey the correspondence between Canada 
and the Vermont authorities, and believed 
to the day of his death that the Vermont 
leaders really wanted to form a British 
colony. He often pointed out the "Raven 
Rock," where he had a midnight interview 
with Governor Chittenden on one of these 
trips. 

Camp James Hard from Arlington, held 
a commission in the British army. Zodack, 
his brother, was a loyalist in principle but 
took no active part in the war, though he is 
said to have secreted and fed the loyalists 
who came to him for shelter, and he was 



always generous and hospitable. He was 
several times arrested and hea\ily fined by 
the patriot authorities. 

Noah Sabin, of Putney, a native of Reho- 
both, Mass., was the judge whose insistence on 
holding the court when Chief Justice Chand- 
ler was inclined to temporize, led to the West- 
minister massacre. His thorough-going con- 
scientiousness, his conception of his duty to 
the Crown, from which he held his commis- 
sion, led him to this course. He was impris- 
oned for some time after the affair. He was, 
in the first years of the Revolution, strongly 
attached to the Crown, and so strong was 
the whig feeling against him that he was 
confined to his farm in 1776 by order of the 
committee of safety, with permission gi\en 
to anybody to shoot him if seen beyond its 
limits, and he was refused communion at 
church. Finally, after a period of indecision, 
he took the side of the colonies and de- 
veloped into quite an earnest patriot. He 
was elected judge of probate for Windham 
county, 1 781, and though suspended for a 
few months because of the suspicions of his 
loyalty, was soon reinstated and continued 
to serve until 1801. He died March 10, 
181 1, aged ninety-six. He was a man of 
large mental power, superior education for 
his times, and of indisputable integrity. 

Col. James Rogers of Kent ( now London- 
derry), who had been a prominent man of 
that section, was offered the office of briga- 
dier-general of militia by New York, but 
refused it " upon political principles." He 
afterwards became an avowed Tory and left 
the country, and his property was confis- 
cated, though the Legislature in i 797 restored 
to his son, James Rogers, Jr., all the lands 
that had not been sold. 



THE GOVERNORS. 

'I'he following is a complete list of the ( lovernors of Vermont, with the dates of service. 
Biographical sketches of the entire list are given on the following pages, with exceptions noted . 



*Thomas Chittenden, 


1789-90 


SilasH.Jennison(3), 


1835-36 


Paul Dillingham, 


1865-67 


*"Moscs Robinson, 


bilas H. Jennison, 
Charles Paine, 


.836-41 


John B. Page, 


1867-69 


*Thomas Chittenden, 


1790-97 


■8i.-43 


Peter T. Washburn, 


1869-70 


Paul Brigham (s). 




John Mattocks, 


1843-44 


fOcorge W. Hendee (5), 


.870 


•,- .. ■''"^- =5 '" 


Oct. 16, 1797 


William Sladc, 


1844-46 


tjohn W. Stewart, 


1870-72 


Isaac lichcnor. 


1797-1807 


Horace Eaton, 


1846-48 


Julius Converse, 


1872-74 


Israel Smith, 


1807-08 


Carlos Coolidge, 


1S48-50 


Asahel Peck. 


1874-76 


Isaac Tichenor, 


1808-09 


Charles K. Williams, 


1850-52 


Horace Fairbanks, 


1876-78 


Jonas C^ilusha, 


1809-13 


Erastus Fairbanks, 


.852-53 


tRedfield Proctor, 


T878-80 


Martin Chittenden, 


1813-15 


*John S. Robinson, 


i853-i4 


tRoswell Farnham, 


1880 82 


lonas Galusha, 
Richard Skinner, 


1815-20 


Stephen Royce, 


1854-56 


tJohn L. Barstow, 


1882-84 


1820-23 


Rylaiul Fletcher, 


1856-58 


tSamuel E. Pingrce, 


1S84-86 


Cornelius P. Van Xess, 


1823-26 


Hiland Hall, 


1858-60 


tEbenczer J. Ormsbce. 


1886-88 


Ezra Butler, 


1826-28 


Erastus Fairbanks, 


1860-61 


tW.lli.tm P. Dillingham, 


1888-90 


Samuel C. Crafts, 


1828-31 


tFredcrick Holbrook, 


1861-63 


tCarrol S. Page, 


1890-92 


William A. Palmer, 


1811-35 


J. Gregory Smith, 


1863-65 


tLevi K. Fuller, 


1892-94 



* Biographical sketch will be found among " The Fathers." f Biographical sketch 

(2) Lieutenant Governor, acting Governor on the death of Governor Chittenden. 

(3) Lieutenant-Ciovernor, Governor by reason of no election of Governor by the people. 
(5) Lieutenant-Governor, Governor bv reason of the death of Governor Washburn. 



'ill be found in Part II. 




BRIGHAM, Paul.— For twenty-one 
years Lieuten- 
ant-Governor of 
the state and a 
few months, in 
jt, • 797) the acting 

ff' Ct o V e r n o r , a 

M^ — ^ -■ Revolutionary 

^0^. ^T^ soldier, state 

councilor for five 
years, and ma- 
jor-general of 
the state militia, 
was born at Cov- 
entry, Conn., 
Jan. 17, 1746. 
He early devel- 
oped military 
capacity, and rose in the militia of his native 
state, through every intermediate position, 
from the ranks to a captaincy, at the age of 
twenty-eight. When the Revolution broke 
out he had been captain long enough to be 
exempt from military duty, but he went 
promptly into active service with his com- 
pany, in Colonel Chandler's regiment of 
McDougall's brigade in the Continental ser- 
vice, fought at Cermantown, Monmouth and 
Mud Island, and was in the service three 
years. 

In I 781 he joined the tide of adventurous 
spirits from Connecticut to Vermont, and 
settled with his family at Norwich. Here 
again he became active in militia services, 
passing through every grade until he became 
a major-general. He and Samuel Fletcher, 
Isaac Tichenor and Ira .Alien commanded 



the four divisions of the state in 1794, at the 
time President Washington ordered detach- 
ments of minute men to be formed, accord- 
ing to the act of Congress of that year. He 
rapidly rose to prominence in Windsor 
county, being successively elected high sher- 
iff, judge of probate, assistant judge and 
chief judge of Windsor county court. He 
represented Norwich in the Ceneral Assem- 
bly in 1783, 1786 and 1791, and was a dele- 
gate to the Constitutional Conventions of 
1793, 1814 and 1822. In 1792 he was 
elected councilor and five times re-elected, 
until in 1796 he was elevated to the lieuten- 
ant-governorship. During his service on 
the council he was prominent in the state 
bank and state prison controversies, and with 
John White and Nathaniel Niles was a mem- 
ber of the committee that reported the com- 
promise bill for the banks in 1806. In 1792 
he was a Washington presidential elector. 

The quality of his service as Lieutenant- 
Governor is illustrated by the remarkable 
way he held on through all the ups and 
downs of party politics in the state. He was 
re-elected regularly with Governor Tichenor 
years after the Jeffersonians had got a major- 
ity in the state, and when in 1807 Tichenor 
was defeated by the Democratic Israel .Smith 
for Governor, Brigham was still elected 
Lieutenant-Governor. So it was when 
Tichenor was returned in 180S, and still 
again when Tichenor was overthrown by 
Galusha in 1809. Brigham started out a 
Federalist, but gradually drifted in his sym- 
pathies towards the Jeffersonians, and when 
the Federalists got atop again for a short 



72 



TICHENOR. 



TICHENOR. 



time in 1 8 13-'! 4 they defeated Brigham as 
well as Galusha for re-election. But the 
fight was a close as well as a hot one, and 
in neither year was there a choice by the 
people, and the election went to the Legis- 
lature and the Federalists only won, in 1S13, 
by tactics that bore more than a suspicion of 
dishonesty. But with the return of the 
Jeffersonians in 1815, Brigham was again 
elected Lieutenant-Governor, and success- 
ively re-elected until 1820, when at the age 
of seventy-four, together with his great party 
chieftain, Governor Galusha, he declined re- 
election. 

He died, June 15, 1824, after a few years 
of happy and easeful retirement, deepened 
in its enjoyment by the consciousness of 
duty long and well done, and by the consola- 
tion of a religious faith which had gaited 
and ennobled his whole career. 

TICHENOR, ISAAC— rhe third Gover- 
nor of the state ; 
for six years a 
judge of the Su- 
p r e m e Court, 
,;_ twice a LTnited 

States senator 
and the Federal- 
ist leader for a 
number of years, 
was a resident of 
the state all 
through her ex- 
istence as an in- 
dependent re- 
public, but 
came on the 
stage of political 
activity only towards the close of that inter- 
esting period. He was born at Newark, N. 
J., Feb. S, 1754, and graduated from Prince- 
ton College in 1775 under the presidency of 
Dr. \\'itherspoon and for whom he always had 
the utmost consideration. He studied law 
at Schenectady, N. Y., where he was in 1777 
appointed an assistant to Commissary Gen- 
eral Cuyler in buying supplies for the north- 
ern department. It was on this duty that he 
came to Bennington in the summer of that 
year and remained there and in that vicinity 
collecting the supplies whose accumulation 
tempted the fatal expedition of Burgoyne. 
Tichenor had just left, August 13, with a 
drove of cattle for Albany when the tidings 
of that expedition were received. He re- 
turned by way of Williamstown, reaching the 
field at dusk on the evening of the i 7th after 
the fighting had ceased. 

He then decided to settle in Bennington, 
and this was his home when not in actual 
service in the commissary department. In 
the line of his duty he incurred heavy pecuni- 
ary responsibilities, which embarrassed him 




through a large part of his life. About the 
close of the war he began the practice of 
law there. He was town representative in 
i78i-'82-'83-'84, speaker of the House in 
17S3, and an agent to Congress in 1782. 
In that year he was also sent by the Legis- 
lature to Windham county to urge the claims 
of the new state on the people, and quell the 
disturbances there, and the mission had con- 
siderable effect, though severer measures had 
to be taken later. He was a commissioner 
under the act of 1789 to determine the terms 
of settlement with New York. 

He had been steadily growing in reputa- 
tion among the \'ermont leaders, and the 
peculiar value of his services with his plausi- 
ble, persuasive ways added much to his 
prominence. He was a judge of the Supreme 
Court from 1791 to 1796, and chief justice 
the last two years, when, on the resignation 
of Senator Moses Robinson, he was chosen 
to fill out the latter's term. He was re- 
elected the next year for a full term of six 
years, but he was also elected Governor 
that fall, and resigned the senatorship to 
accept. He had then become the recog- 
nized Federalist leader of the state, and 
the canvass for the governorship was a 
sharp one. The retirement of Governor 
Chittenden had loosed the restraint partisan- 
ship had felt. The result was no choice by 
the people for Governor, but Tichenor was 
elected by the Legislature by a large ma- 
jority. He served eleven years in all as 
Governor, being steadily re-elected every 
year until 1809, except 1807, when he was 
defeated by the Democrats under the leader- 
ship of Israel Sinith ; so strong had he be- 
come that he was re-elected several years 
after his party had got into a minority. 

He was in 1814 again elected Senator to 
Congress, serving six years, until March 3, 
182 I, when with the complete obliteration of 
his party from American politics he retired 
to private life, after a public service filling 
thirty-eight out of the forty-four years be- 
tween 1777 and 1821. He died Dec. 11, 
1S38, at the age of eighty-fotir and leaving 
no descendants. 

Governor Hall measures him compactly 
as a man of " good private character, of 
highly respectable talents and acquirements, 
of remarkably fine personal appearance, of 
accomplished manners and insinuating ad- 
dress." So marked was his make-up in the 
latter particular as to earn for him the 
sobriquet of " Jersey Slick," which stuck to 
him all through his career. But though he 
had these qualities, perhaps to the point of 
fault, it would be a great mistake to suppose 
that he had not solid merit beneath his 
smooth exterior, even beyond what Governor 
Hall credits as "respectable talents." It 
was a clear head and a strong will that he 



73 



carried on his shoulders. With all his poli- 
tician arts he was a real statesman. It was 
on the state's prison issue largely, that he 
defeated Governor Smith for re-election in 

1808, but he had strongly recommended 
such an institution in 1803, got a bill through 
the Legislature for it, and had the prepara- 
tory steps taken under his administration, 
and in his message after his return to power 
did not hesitate to commend it as a " hu- 
mane and benevolent " idea, and urge 
measures to carry it into "complete effect." 
His messages were often strongly tinctured 
with Federalist doctrine, but so skillfully 
phrased that the able young Republicans in 
the Legislature found it hard to find any 
effective point on which to join issue. A 
strong proof of his popularity was alTorded 
in 1799, when the Legislature by a unani- 
mous vote adopted a resolution of thanks, 
whose author, L'dney Hay, was the leader 
of the opposition in the House, for the 
" happy and speedy " settlement he had 
effected with Canada of the difficulty over 
the arrest by American officers on British 
soil, and the subsequent accidental death, 
but alleged murder, of John Griggs. The 
event has " increased, if possible," so the 
resolution read, " the very high esteem we 
have ever entertained of your patriotism, 
your candour, your abilities, your integrity." 
His high courtesy and genuine kindliness of 
character were shown by the letter of con- 
gratulation he wrote after his defeat in 

1809, to his successful competitor. Governor 
Galusha, tendering "in great sincerity, my 
best services in any matter that shall relate 
to the duties of your office or shall have a 
tendency to promote the interests of our 
country." 

Governor Hall tells a couple of anecdotes 
that are illuminating. He had an art, some- 
times too obvious, of ingratiating himself 
into favor. While traveling in a distant part 
of the state he contrived to pass the resi- 
dence of a farmer of great influence in his 
town, who had formerly supported him for 
Governor, but who was now supposed to be 
wavering. On his approach to the place he 
discovered the farmer at some distance 
building stone wall by the road side. Leav- 
ing his carriage the Governor began to 
examine the wall with great care and earnest- 
ness, looking over and along both sides of it 
and exhibiting signs of excessive admiration. 
On coming within speaking distance the 
Governor exclaimed, with much ap]iarent 
emotion : " Bless me, friend, what a beauti- 
ful and noble wall you are building — I don't 
believe there is another equal to it in the 
state." "Yes, Governor," was the reply of 
the farmer, " it's a very good wall to be sure, 
but I can't vote for you this year." 



He was quite a s|)ortsman and delighted 
to range the mountains hunting and fishing 
until the feebleness of age prevented. Once 
he laid a wager with a companion with 
whom he was out fishing, as to which would 
catch the most trout. (Jn weighing the fish 
at Landlord Dewey's the Governor was 
found to have lost the bet, which he readily 
paid, though considerably disappointed. " I 
don't see," said he to his friend M., " how 
your trout should weigh the most, mine cer- 
tainly looks the largest, and besides I filled 
it full of gravel stones." " .Ah, Governor," 
said his friend, " I was too much for you 
this time, I stuffed mine with shot.' 

SMITH, Israel, the fourth Governor, 
judge, congressman and senator, the first 
popular favorite of the young 1 )emocrats of 
the state, and a fine specimen of the politi- 
cian of the early days, was also a native of 
Connecticut, born at Sheffield, April 4, 1759. 
He graduated from Vale in 1781, and two 
years later settled at Rupert, where he was 
admitted to the bar. He represented that town 
in the General Assembly in 1785, '88, '89 and 
'90, and became prominent in the affairs of the 
state during the latter part of its period of 
independence. He was one of the com- 
mission in '89 to close the controversy with 
New York, and a member of the convention 
in '91 that ratified the federal constitution 
preparatory to the admission of the state 
into the Linion. In this year he moved to 
Rutland. He was immediately elected one 
of the first representatives in Congress from 
the western district of the state, and was re- 
elected several times, when in 1797 he was 
at last defeated by Matthew Lyon, who had 
twice before contested the election with him. 
He and Lyon were both identified with the 
leffersonian party, though Lyon was far the 
more rabid, and the Federalist element of 
the district supported a third candidate. But 
he was that fall elected to the Legislature 
from Rutland, and the Republicans being in 
a majority he was elected chief justice of the 
Supreme Court. But he held the ]3osition 
only one term ; for the next year came a re- 
turn of Federalist control, and the " Yer- 
gennes slaughter-house," when every position 
in the state within reach was made party spoils. 
In 1 80 1, he was again elected to the chief 
justiceship but declined it. He was that fall 
the Republican candidate for tJovernor 
against 'I'ichenor but was defeated. He was, 
however, again elected representative to 
Congress and at the end of the term elected 
Senator over Chipman. 

In 1S07 the Democratsor Republicans were 
finally able to overcome for a short time the 
great popularity of Governor Tichenor and 
elected Mr. Smith Governor. He resigned 
his seat in the Senate to accept the place. 



74 



His inaugural address, tliough most courteous 
to Inis defeated opponent, for his "urbanity 
and unassuming administration," was breezy 
witii liealtliful new ideas. He laid down the 
good Democratic truth, that "the end of all 
government is to teach each individual of 
the community the necessity of self-govern- 
ment." He urged a measure whose import- 
ance is only just beginning to be realized to- 
day, for state supervision of highways, like that 
of schools. He argued that the two subjects 
were equally of "^•ery general concern," and 
that the state was entitled to be "officially 
informed how far and in what manner" laws 
about them were carried into effect. He 
ably discussed ptmitive problems, urged the 
abolition of all cor])oral punishment and 
the substitution of confinement at hard labor, 
"to initiate the culprit into a habit of useful 
industry, and as a method peculiarly suited 
to an advanced state of society where the 
arts abound." His discussion would be a 
good text for prison reformers today. His 
influence was exerted strongly to secure the 
construction of the state's prison. But these 
good ideas were the cause of his political 
undoing. The farmers of the state were too 
accustomed to government of the utmost fru- 
gality to welcome such plans, and though the 
Democrats had now secured an easy ascend- 
ing in the state and cast its electoral vote for 
Madison that fall. Smith was defeated for re- 
election by Tichenor, after a hard fought 
campaign, by a jjlurality of 859 and majority 
of 432. 

Soon after his health began to fail, and he 
died at Rutland, Dec. 2, 1810, aged fifty-one. 
His son, William Donaglas Smith, a graduate 
of iNIiddlebury, and a lawyer, was clerk of 
the House of Representatives from 1809 
until his death, Feb. 22, 1822, at the age of 
thirty-six. (;o\ernor Smith was a brother of 
Noah Smith, who also came to Vermont soon 
after his graduation, became state's attorney 
for Cumberland, then for Bennington county, 
judge of county and Supreme Courts, U. S. 
collector of internal revenue, and coun- 
cilor. 

Little that Governor Smith wrote besides 
his one inaugural address has come down to 
present times. But he was conceded to be 
a man of fine talents and high ideas, of 
"amiable candor," one cotemporary says, 
and of "inflexible integrity" as another de- 
scribes him. "He was a noble-looking man, 
and got the name of the handsome judge." 
He was a great admirer of the principles on 
which the French Revolution was based in 
its earlier and nobler days, and was at that 
time one of the Republicans who gloried in 
the charge of being French sympathizers. 




GALUSHA, Jonas, Revolutionary sol- 
dier, sheriff, 
judge, Governor, 
for forty years in 
continuous pub- 
lic service, the 
Democratic 
leader who led 
his party into as- 
cendency that 
lasted for nearly 
a generation, and 
one of the most 
interesting per- 
sonalities of our 
whole history, 
was born at Nor- 
wich, Conn., Feb. 
II, 1753, and came to Shaftsbury in 1775. 
He was captain of one of the town's two 
militia companies, commanded them both in 
the battle of Bennington, and saw much ac- 
tive service from 1777 to '80. He was by 
occupation a farmer and inn-keeper, and his 
first political office was that of sheriff of 
Bennington county from 17S1 to '87, and as 
such he did prompt and efficient work in 
preventing Shay's men during their rebellion 
in Massachusetts from making Vermont soil 
a base of operations. He was elected state 
councilor in 1793, '94, '95, '96, '97, '98, and 
again in 1801, '02, '03, '04 and '05, and 
judge of the county court in 1795, '96, and 
'97, and again in 1800, '01, '02, '03, '04, '05 
and '06. He had, as soon as the national 
jiarties developed in politics, become an 
ardent Democrat, and the recognized leader 
of the party in state politics. After the de- 
feat of Governor Smith by Tichenor in 1808, 
Galusha was made the next Republican can- 
didate and elected, by a vote of 14,583 to 
13,467 for Tichenor, and 498 scattering, and 
re-elected in 1810, 'i i and '12, and again in 
1815, '16, 'i 7, '18 and '19, a service of nine 
years. 

His party was rapidly increasing in strength 
and aggressiveness until the New England 
feeling against the embargo and the war of 
181 2 produced a reaction, and he failed of a 
majority in the election in 18 13, getting 16,- 
S2S votes, to 16,532 for Martin Chittenden 
and 625 scattering. This sent the election 
to the Legislature where the vote was a tie, 
and where after a long struggle Chittenden 
was elected, and the Democrats claimed that 
the state "was stolen." The result turned 
on the vote of Colchester, which if counted 
would elect the three 1 )emocratic councilors 
and if rejected would elect the three F'eder- 
alists. The House was Federalist and the 
Council Democratic. The House appointed a 
canvassing committee which rejected the Col- 
chester returns, on the ground that other Uni- 



ted States troops had voted there in company 
with those from this state in the national ser- 
vice who were allowed under the act of 1812 
to vote in any town in the state where they 
might hapi^en to be. There was violent dis- 
pute over the facts and also over the consti- 
tutional power to canvass the votes. The 
constitution made the House the judge of the 
election and qualifications of its members ; 
but it had no such power over the members 
of the Coimcil nor was the latter body given 
any ])ower to determine the election of its 
members. In other words the power rested 
expressly nowhere and the House assumed 
it. But for this returning board action the 
Democrats would ha\e controlled the joint 
Assembly and re-elected (lovernor (Jalusha 
and Lieutenant-Governor Brigham ; as it was, 
that body was just a tie. The council pro- 
tested and insisted that the Colchester votes 
should be counted, that the Asseml)ly refused 
a reading to the report. Finally the ballot- 
ing in the Legislature, greatly to the astonish- 
ment of the Democrats, showed 1 12 votes for 
("hittenden and iii for Calusha.and the lat- 
ter was declared elected. Two days later the 
Democrats offered to show by the oaths 
of one hundred and twelve members that 
they had voted for (lalusha, so that there 
was an error or fraud in the result as de- 
clared, and therefore they asked that the 
first vote be counted as naught, and another 
one taken. A long debate ensued, but 
before a conclusion was reached Chittenden 
and ("hamberlain appeared in the House 
and council, took the oaths of office and 
Chittenden delivered his speech. The truth 
probably was as developed later, that one of 
the Democratic assemblymen was bribed to 
withhold his vote. 

Notwithstanding this scaly \ictory, the 
feeling over the war ran so high that the 
Federalists won again in 18 14 by a narrow 
margin. The popular vote was : C'hittenden, 
17,466; Galusha, 17,411; scattering, 451. 
But the Federalists had a stiff majority in 
the Legislature and elected Chittenden again 
by a vote of 123 to 94, and ('hamlierlain by 
a still larger majority. But the next year 
witnessed a merited revolution on both state 
and national lines, (lalusha defeated Chit- 
tenden handsomely at the ])olls, 18,055 to 
16,632. 'Ihe next year the Federalists made 
Samuel Strong their candidate and were 
worse whipped, 17,262 to 13,888. In 181 7 
the Federalists tried Tichenor again for a 
candidate and were beaten almost two to 
one, 13,756 to 7,430. By 1819 there was 
no organized opposition to ( ialusha left, less 
than 3,000 votes being cast for v'arious can- 
didates against him, and the bulk of these 
for other Democrats, W. C. Bradley and 
Dudley Chase. 



GAI.USIIA. 75 

Governor Galusha was well qualified to 
bring about such a state of affairs. A plain 
farmer without jjretending to scholastic at- 
tainments, but with commanding native 
abilities, his thoroughly democratic man- 
ners and habits of thought ap])ealed strongly 
to a constituency of yeomen. .\ resolute 
fighter and skillful campaigner, he had too 
generous a nature to be mean or vindictive 
and too jihilo.sophic a bent of mind to fail 
to see beyond personal interests and feelings 
to the larger forces involved in jjolitics. 
l'"ervently jiatriotic, his voice and thought 
naturally headed the sweep of sentiment 
that followed the peace after the last war 
with (Ireat Britain, while his c:omprehen- 
sive understanding and his humble, nay, 
even religious devotion of the best there was 
in him to the service of his fellowmen made 
him a most useful legislator and adminis- 
trator, though never very original or sug- 
gestful of new ideas. 

It is impossible to read his inaugiiral 
addresses, elo(iuent with the intensity of 
sincerity, without comprehending in some 
measure the sources of his ])ower. For in- 
stance, on his accession to power in i8og, 
after one of the most heated struggles, there 
was not a word of bitterness toward his ad- 
versaries, no epithet worse than "misguided" 
for the "spirit of discord and disunion" 
that had been so ramjiant in New Kngland, 
no expression but of " gratitude to Heaven " 
that the " efforts of foreign emissaries and 
domestic traitors" had "failed to distract 
and divide us," and no hope worse than 
that " the talents, the wisdom and the ener- 
gies of the states " might now be united, 
and citizens soon " lay aside all party feel- 
ings and become united like a band of 
brothers." The address was Jeffersonian, 
alike in the shrewdness with which it was 
[jhrased and the warmth of its faith in human 
good. He had a kindly word to say of the 
new state's prison as "an humane and bene- 
ficent institution," but he wanted a strict 
in(|uiry made into the exjaenditures for its 
erection. His message of 1S12 urged the 
laying aside of all party prejudices and unit- 
ing of the whole people in the common 
cause. In 1815, after all the heated struggles 
of the past two years, the only lesson he had 
to draw was that "during the calm," since 
the return of peace to the country, "we 
ought, by an indissoluble union, to be pre- 
l)ared for any storm that may arise." He 
pictured the triumph of ruthless despotism 
in every part of the Old World, and besought 
the ]ieople solemnly to remember that " of 
all the nations of the earth " they " alone 
were left to support a government whose 
basis is e(|ual liberty and whose sovereignty 
is the will of the people." 



76 



CHITTENDEN. 



CHITTENDEN. 



His message of 1817 alluded with satisfac- 
tion to the "wide and recent spiritual har- 
vest" in the state, in the shape of the great 
religious revival of that year, probably the 
only allusion of the kind ever made in any 
governor's message. He hailed with joy the 
revolutionary movements in South .America, 
and they stimulated for him beatific visions 
of the future of humanity. He urged, in 
1819, legislation to free the bodies of debtors 
from arrest and imprisonment on debts of 
small amount, being "of opinion that more 
money is spent in the collection of such 
debts than is saved by the collection," and 
arguing that it would be a benefit to "dis- 
courage credit." He advised the chartering 
of agricultural societies throughout the state, 
by "experiments, proper researches, and cor- 
respondence," to improve agriculture. He 
was always an earnest supporter and presi- 
dent of both societies. He died Sept. 24, 
1834, his last years, full of honor and con- 
tentment, having been passed in rural enjoy- 
ment at his Shafcsbury home. He was 
always profoundly religious in his methods 
of life, of thought and expression, but never 
joined any church, though he announced 
his intention of doing so at the age of sev- 
enty-nine, when he attended a protracted 
meeting at Manchester and took an active 
])art in the exercises. 

His first wife was Mary, daughter of Gov. 
Thomas Chittenden, and so sister of his 
strongest opponent in political life, and by 
her he had nine children — five sons and four 
daughters ; one of the former, Elon, became 
an eminent Baptist clergyman. 

He rarely failed in his messages to urge 
the encouragement of manufactures, and in 
that of 18 10 said : "I trust the time is not 
far distant when the citizens of these United 
States, instead of relying on foreign coun- 
tries for their clothing, will be able not only 
to supply their own wants, but to export 
every kind of cotton, if not woolen goods, 
and restore to the Union that portion of 
specie which has been drawn from us by the 
exclusive use of foreign manufactured goods." 

(iovernor Galusha retired from office with 
expressions of affection from the Legis- 
lature and the people, second only to those 
which had been bestowed on Thomas Chit- 
tenden. He was a presidential elector in 
1808, 1820 and 1824, and a member of the 
constitutional conventions of 18 14 and 1822. 

CHITTENDEN, MARTIN.— Second son 
of Gov. Thomas Chittenden, sixth (jovernor, 
and thirty years in the public service as 
judge, congressman and legislator, was born 
at Salisbury, Conn., March 12, 1769, and was 
liberally educated, graduating from Dart- 
mouth in 1 789. He inherited much of 




his father's aptitude for public affairs and 
many of his popular qualities, so that the 
very next year after his graduation in 1790, 
he was elected Jericho's representative and 
subsequently for eight years, and W'illiston's 
two years after 
he moved to that 
town. He was 
clerk of the Chit- 
tenden county 
court four years, 
judge ten years, 
judge of probate 
two years, and. a 
<lelegate to the 
' o n s t itutional 
ronventions of 
1791 and 1793. 
I le was elected a 
r e p r esentative 
in Congress in 
1 803 and four 
times re-elected, until his elevation to 
the governorship in 1813. The circum- 
stances of that election and suspicions 
surrounding it have been fully explained 
in the sketch of Governor Galusha. Ver- 
mont was the one New P^ngland state that 
had sustained the declaration of war in 1812, 
had cast her electoral vote for Madison, and 
the revolution of 181 3, though not accom- 
plished by the vote of the people, produced 
a deep sensation at the time, all the more 
aggravating because of the obvious unfair- 
ness and dishonesty that brought it about, 
unfairness in excluding the votes cast at Col- 
chester of the citizens who were defending 
the state — even though there were irregular- 
ities about it — and dishonesty somewhere, 
somehow in the final vote of the Legislature. 
His re-election in 18 14 bore no such stigma, 
though it had to be reached through the 
Legislature, there being no choice by the 
people but a plurality for Governor Galusha 
and the patriotic side. 

(>o\ernor Chittenden's administration was 
in the main in full sympathy with the anti- 
war element, though on the whole it may 
fairly be said to have been better in this 
respect than most of the New Kngland ad- 
ministrations, and the Vermont sentiment 
was generally better than that of the sea- 
board states. His address, in 18 13, argued 
that the "conquest of Canada of which so 
much has been said, if desirable at all," 
would be "poor compensation for the sacri- 
fices" that must be made, and in 1814 he 
reiterated his opinion that the war was "un- 
necessary, unwise and hopeless, in all its 
offensive operations." The minority of the 
House, 89 in the former year and 82 in the 
latter, under the lead of William .\. Griswold, 
solemnly entered their protest on the journal 



CHITTENDEN. 



77 



against such sentiments, and against the 
replies which the House had by a ]jartisan 
vote given to the (Governor in echo of his 
words. Governor Chittenden took the 
ground in both messages, the contempti- 
ble one that was then general with New 
England executives, that the militia could 
not be ordered out of the state for the com- 
mon defense, or to "repel invasion" of any 
e.xcept the state's territory. 

In November of that year, while a part of 
the 3d brigade of the 3d division of the 
state militia was about Plattsburg, " under the 
command and at the disposal of an officer 
of the United States, out of the jurisdiction 
or control of the executive of this state," 
Governor Chittenden issued a proclamation 
reciting this lugubrious situation, and the 
danger to "our own frontier," and com- 
manding the militia "forthwith to return " to 
their homes. 

The order was received with hot indigna- 
tion by the troops, the messenger who brought 
it was marched by force out of camp, and the 
officers united in a reply to the Governor 
declaring that " an invitation or order to 
desert the standard of our country will never 
be obeyed by us, although it proceeds from 
the Governor and captain-general of ^'er- 
mont." They told him flatly that the proc- 
lamation was, in their opinion, " a renewed 
instance of that spirit of disorganization and 
anarchy which is carried on by a faction, to 
overwhelm our country with ruin and dis- 
grace," and they told him that even the sol- 
diers of the line regarded it "with mingled 
emotions of pity and contempt for its author 
and as a striking monument of his folly." Prob- 
ably it was the most extraordinary military 
communication of its kind ever framed, and 
it was not altogether undeserved or without 
good effect ; for the next year when General 
Macomb wrote of the advance of the enemy 
again towards Plattsburg, and calling for "all 
the assistance in his power," Governor Chit- 
tenden promptly replied, that he would take 
"the most effectual measure to furnish such 
number of volunteers as may be induced to 
turn out." He insisted that he was not 
"authorized by the constitution or laws to 
order the militia out of the state," but could 
request them logo, and he " recommended" 
the officers to volunteer to go. The call was 
grandly responded to by the people, fathers, 
sons, and veterans of the Re^■olution, from 
all parts of the state, and the result was the 
glorious victory at Plattsburg. 

Chittenden could not help feeling the in- 
spiration, and as the British army, notwith- 
standing the failure of Provost's campaign, 
was hovering on our frontier, the Governor 
issued a proclamation, Sept. 14, exhorting 
the people to defense. "The conflict has 
become a common, and not a party concern," 



he said, "and the time has now arrived 
when all party distinctions and animosities 
* * ought to be laid aside : that every heart 
may be stimulated, and every arm nerved for 
the protection of our common country, our 
liberty, our altars, and our firesides." .And 
he "enjoined" upon all military officers to 
be in "a complete state of readiness to 
march at a moment's warning," and upon 
all selectmen and civil authorities to render 
all aid possible. 

It was good talk at last, after victory had 
been seemingly won in the war, but it did 
not save Chittenden and his party from 
defeat and emphatic rebuke at the polls the 
next September. The party went to speedy 
ruin in the state and nation, and the Gov- 
ernor into a political eclipse from which he 
never emerged until his death, Sept. 5, 1840, 
at the age of seventy-one. 

Still it is but just to the Governor to say 
that these positions into which the party 
passion of the time swept him, were not 
natural to him. His blood and breeding 
were patriotic, and his real feeling, that 
which finally burst partisan bonds, found 
expression in the last quoted proclamation. 
He was constitutionally moderate and tem- 
perate, and broadly intelligent in his views, 
but lacked in assertive strength, and was too 
apt to yield to the counsels of party leaders. 
In his personal relations he was kindly and 
winning, and leaving an impress of large 
capacity on all with whom he came into 
intercourse. 

SKINNER, Richard.— The seventh 
Governor, con- 
gressman, judge, 
and speaker of 
t h e Assembly, 
was born at 
l,itchfield,Conn., 
May 30, 1778, 
the son of Gen. 
Timothy Skin- 
ner ; received his 
legal education 
at the famous law 
school in that 
place, and came 
Id Vermont in 
"- e p t e m b e r , 
1 799, settling at 
Manchester. The next year he was ap- 
pointed state's attorney for Bennington 
county and held the position until i<8i2, and 
was judge of probate for the last six years of 
this time. The next year, in 18 13, he was 
elected to Congress, ser\ing a single term, 
and then representing his town in the state 
Legislature, serving for two years and being 
the speaker in the last, 1818. He was also 
assistant judge of the Supreme Court in 1815 




78 



VAN NESS. 



and 1816, and in 18 17 was elected chief 
justice but declined to accept. He was 
again state's attorney for his county in 1819. 
In 1820 in the era of "good feeling" he was 
elected Governor by nearly a unanimous 
vote, 13,152 to 934 scattering. He was re- 
elected in 1 82 1 with still greater unanimity, 
12,434 to 163, and again in 1822, though 
the record of the vole cannot be found. He 
declined further re-election, but was the 
next fall chosen chief justice of the Supreme 
Court and served until 1829, when he 
retired from public life for good, and died 
May 23, 1853, from injuries received by 
being thrown from his carriage while crossing 
the Cireen Mountains. 

'J"he period of Governor Skinner's admin- 
istration was in the years of cessation from 
the great controversies of early politics, so 
that there was no chance for the exhibition 
of great qualities of leadership. His state 
papers had the clearness and force which are 
said to have characterized his arguments as 
a lawyer, and were always severely practical 
in their scope. His inaugural address of 
1820 advanced some suggestions for the im- 
provement of our judicial system, especially 
on the chancery side and with regard to the 
probate courts, which afterward bore good 
fruit. He pointed out that the difficulties 
which had become so serious in the settle- 
ment of estates was due to a lack of clear 
apprehension, that our whole system of pro- 
bate law must be essentially different from 
that of England, whence we derived our 
common law. He expressed disapproval in 
this address in emphatic terms of the Mis- 
souri compromise, and of the failure of the 
last Legislature to instruct the state's delega- 
tion to vote against it. He also expressed 
the opinion, in his address in 182 1, that there 
could "be no doubt of the wisdom and jus- 
tice" of a protective tariff policy. 

He was president of the northeastern 
branch of the American Educational Society, 
and a member of the board of trustees of 
Middlebury College, which institution confer- 
red on him the degree of LL. D. 

In personal appearance he is described as 
of ordinary form and stature, eyes and com- 
plexion dark, and hair of the deepest black. 
"Intellectually," says Henry R. Minor, Man- 
chester's historian, "his qualities were of a 
kind which gain the respect and confidence 
of mankind rather than immediate admi- 
ration." 

VAN NESS, Cornelius P.— The eighth 

Governor, was born at Kinderhook, N. Y., 
Jan. 26, 1782, son of Peter Van Ness, and of 
a wealthy and prominent Dutch family. Two 
of his brothers were distinguished in 
public life. Gen. John P. ^'an Ness, congress- 
man, and for years mayor of Washington, 




and William P. Van Ness, United States dis- 
trict judge for New York. Judge W. W. Van 
Ness, the distinguished jurist and scholar, was 
a cousin. 

The subject of this sketch did not receive 
a college education, though designed and 
prepared for it by his father, because he pre- 
ferred a c o m - 
mercial to a pro- 
fessional life. He 
soon changed his 
mind, however, 
and studied law 
in the office ot 
his brother, 
w here Martin 
^"an liuren was a 
fellow - s t u dent. 
Ileing admitted 
t o t h e bar, h e 
]iracticed at 
Kinderhook for 
two vears a n d 
then came to 
N'ermont, first settling at St. .Albans in 1806 
and then at Burlington in 1809. He was 
appointed United States district attorney for 
this state in 1810 and this was the begin- 
ning of a public career in the state and 
Federal field that lasted for more than thirty 
years. 

He rapidly rose in the confidence of the 
Madison administration and in 181 3 was 
appointed collector of customs at Burling- 
ton, at that time the most important position- 
of the kind in the county, especially so be- 
cause of the necessity the administration had 
found of getting around its restriction policy, 
by admitting importations of goods from 
Montreal under the legal fiction that they 
were goods from neutrals. Mr. Van Ness 
handled this delicate duty, both as district 
attorney and collector, with tact and skill. 
He held the latter position until the close of 
the war and then was appointed one of the 
commissioners under the treaty of Crhent to 
settle the boundary line between the United 
States and the British possessions, a task to 
which he gave a large part of his time for 
several years, but without coming to an agree- 
ment with the British commissioners. 

He was Burlington's representative in the 
Legislature from 1S18 to 1820, chief justice 
of the Supreme Court in i82i-'22, and in 
1823 was elected Governor, being twice re- 
elected, in 1824 and 1825, until he declined 
further service. 

He was at this time at the height of his 
popularity and influence. Nearly twenty 
years of practice had brotight him to rank 
with the half-dozen leading lawyers of the 
state, in an era that has not been surpassed 
for brilliant ability at the bar. He had for 
a decade been supreme in wielding the 



VAN NESS. 



79 



federal patronage of the state as well as that 
of state affairs while (iovernor. His ad- 
ministration in the latter office had been 
most acceptable ; first elected with only 
1,431 votes cast against him, his re-election 
in 1824 was almost as unanimous' — with only 
1,962 votes cast for the opposing candidate, 
Joel Doolittle, besides 346 scattering— and in 
1825 it was so strongly so that no record is 
preserved of the vote. He had done the 
honors for the state during Lafayette's visit 
in a manner of which everybody was proud. 
The favors he had had to distribute with 
the genuine good-fellowship and kindliness 
as well as shrewd discernment and knowledge 
of men which he had shown, had attracted 
to him a strong following of devoted friends. 
He was in thorough sympathy with the 
Democratic development upon which our 
institutions had entered, and he had to some 
extent led and directed it. And his wealth, 
with the generous hospitality he dispensed, 
and the social leadership he and his ac- 
complished wife had wielded in the most 
cultivated circles, seemed to make him strong 
in the only remaining direction where 
strength was needed. 

But all this prestige was shattered at a 
single blow, which sent him in mortification 
into political exile. He desired to crown 
his career with a term in the Senate, and 
even before he left the executive chair, laid 
his plans to succeed Horatio Seymour whose 
term was to expire, and who, it was generally 
understood, would not seek a re-election ; 
but the latter was finally persuaded to do so. 
It was at the time of a reformation of party 
lines, and when the feeling was most ran- 
corous between the adherents of Adams and 
Jackson ; antagonisms that for years had 
been smouldering against Van Ness burst 
forth ; men whom he had disappointed in 
giving out offices entered the field actively 
against him, while the disposition of Ver- 
monters, which has exhibited itself from the 
beginning, to retain senators in long service, 
was a large factor, adding much to the 
strength which his talents and conciliating 
manners gave Mr. Seymour. It was the 
most exciting personal fight the state ever 
had, and few in the country have e\er 
equalled it. Where it was supposed at first 
Governor Van Ness would be irresistible, the 
result was left doubtful at the ]3olls and the 
fight was taken to the Legislature where at 
length Seymour won by a small majority. 

Governor Van Ness attributed his defeat 
to the influence of the Adams administration, 
and issued a manifesto to the peo])le declar- 
ing hostility to Adams, and himself went to 
work actively to pay off scores by organizing 
Jackson support in the state. He was in- 
volved, as a consequence of the manifesto, 
in a number of contro\ersies with men who 



had long been in his confidence and friend- 
shi]), and before the election of 1828 his old 
])ovver had been pretty generally broken and 
the state cast its vote for .Adams by a strong 
majority. 

Shortly after Jackson's inauguration, how- 
ever, he was appointed minister to Spain and 
continued to occupy this position for about 
ten years. He returned to the country and 
state in 1840 and made a determined effort 
to carry Vermont for his old friend Van Huren, 
but of course with even less results than in the 
campaign of 1828, and the next spring he 
shook the dust of Vermont from his feet, 
and took up his home in New York City. 
He was after this for a year and a half, in 
i844-'45, collector of the port of New York 
by appointment of President Tyler. This 
was his last political position. The death of 
his brother, General Van Ness, at Washing- 
ton, in 1846, devolved the care of the latter's 
estate on him and he spent much of his time 
in Washington until his death, Dec. 15, 1852, 
which occurred at Philadelphia while he was 
journeying between New York and the Cap- 
itol. 

G. B. Sawyer in an obituary sketch of 
Governor Van Ness in the New York liven- 
ing Post just after his death, thus summed up 
his character : "Governor Van Ness neither 
felt nor affected love for literature ; troubled 
himself little with theoretical speculations or 
with abstract principles, except as connected 
with the kindred sciences of law and politics, 
which few men more thoroughly studied and 
understood ; this concentration of mind and 
effort was the secret and the source of his 
success. Without imagination, using lan- 
guage plain, but expressing always the pre- 
cise idea he wished to convey, disregarding 
decoration, his reasoning, compacted link 
within link, glowed with the fire of earnest- 
ness and conviction — or rather his speech 
was a torrent of impassioned argument, as 
clear as it was rapid, capable of sweeping 
away juries and assemblies, and of moving 
from their moorings the anchored caution and 
gravity of the bench." 

The most considerable monument to Go\- 
ernor Van Ness in our statutes is the act of 
Oct. 25, 1824, for the present system of 
choosing presidential electors, which was 
passed in pursuance of his recommendation 
in place of the old method of election by the 
Legislature. He made many valuable sug- 
gestions for legislation regarding the militia 
and imprisonment for debt, and was par- 
ticularly clamorous that the last should be 
abolished, at least as regards females. Each 
of his messages argued for a protective tariff 
as was the habit of all the old 1 )emocratic 
Governors, and he took what afterwards be- 
came solid Whig ground as to internal im- 
provements. A large part of his address of 



1825 was given to adiscussionof the projects 
for improvement of the navigation of the Con- 
necticut and the junction of its waters by 
canal with those of Lakes Memphremagog 
and Champlain, a work in which he thought 
the general go\ernment ought to assist under 
the "general welfare" clause of the constitu- 
tion. 

Ciovernor Van Xess was twice married, 
first, March 5, 1804, to Rhoda, daughter of 
James Savage of Chatham, X. V., who died 
at Madrid, Spain, July 18, 1834, and second 
to a Spanish lady. Three sons and two 
daughters were the fruit of the first union. 
The second son, Cornelius, went to Texas, 
where he was secretary of state at the time 
of his death by accident, July 18, 1842. The 
third son, George, also died in Texas in 
1855, being then a collector of customs. 
Of the daughters, the eldest married Lord 
Onseley of the British legation at Washing- 
ton, and the second, Cornelia, a famous 
belle of her time, married Judge J. J. Roose- 
velt of the New York Supreme Court. 

BUTLER, Ezra. — Legislator, councilor, 
judge, representative in Congress and Gov- 
ernor, was another Baptist preacher and 
Democrat. He was a native of Lancaster, 
Mass., the fifth of seven children of .Asaph 
and Jane (McAllister) Butler, and born Sept. 
24, 1763. During his early youth his father 
came to A\'est Windsor in this state, but the 
death of his mother necessitated the boy's 
spending of most of his time in the family of 
an older brother, and his taking care of him- 
self after he was fourteen, with only six 
months of schooling. He went to work on 
the farm of Dr. Stearns at Claremont, N. H., 
soon having the entire management of it. At 
the age of seventeen he was a soldier in the 
Revokitionary army and early in 17S5, when 
twentv vears old, having spent a few months 
in Weathersfield, he and his brother came to 
Waterbury, where they built a log house, to 
which Mr. Butler, in June of that year, 
brought his bride. Miss Tryphena Diggins, 
they making the journey into the wilderness 
on horseback by way of a bridle path. They 
were the second family to settle in Water- 
bury and suffered all the privations and hard- 
ships of pioneer life. He afterward built the 
first frame house in town. 

The town of Waterbury was organized at 
a meeting in 1790, and Mr. Butler was chos- 
en the first town clerk, and for the next forty 
years he was constantly in the public service, 
frequently holding two or more important 
positions at a time, so that if we count the 
years of his terms of office they make over 
sixty-five. He was town representative for 
eleven years, from 1794 to 1805, excepting 
I 79S, and again in 1807, when he was chos- 
en both representative and member of the 



council, and acted a part of the time in one 
body and a part in the other. He served in 
the council sixteen years, 1807 to 1826, ex- 
cepting 1813 and '14, when he was in Con- 
gress. In 1803, '04 and '05, he was assist- 
ant judge of the county court of Chittenden, 
to which Waterbury then belonged, and in 
1S06 to '11 he was its chief judge. In 1812, 
when Jefferson (now Washington) county 
was organized, he was elected its chief jus- 
tice and held the position uninterruptedly 
except for the two years of his congressional 
service, until 1825, when the present judi- 
ciary system was formed, and he was elected 
first assistant judge. In 1806 he was a 
member of the Council of Censors, and in 
1822 of the Constitutional Convention of 
that year. 

He was a vigorous supporter of Jonas 
Galusha, in state politics, and in his long 
and active ser\ice in the Council steadily rose 
to a recognized position of leadership. But 
he fought for his beliefs of right rather 
than for personal advancement and he was 
so earnestly conscientious that party rewards 
came slowly to him. He was well started in 
that way when in 181 2 he was elected to 
Congress on a general ticket with James 
Fisk, William Strong, W. C. Bradley, Richard 
Skinner and Charles Rich, a galaxy of talent 
that has ne\'er been surpassed in the state's 
representation. He was with the rest an 
earnest supporter of the Madison adminis- 
tration. But the New England revulsion 
against the war gave the state to the Fed- 
eralists in 1 8 14, and the delegation to Con- 
gress was entirely changed. But Mr. But- 
ler's constituents were prompt to return him 
to the council and to the bench, and he was 
regularly re-elected until in 1826 he was 
made the Democratic candidate for (lover- 
nor and was elected and re-elected without 
any party putting up a candidate to oppose 
him, though some 2,000 votes were cast for 
Joel Doolittle at each election. His most 
notable work as Governor was his strenuous 
opposition to lotteries as expressed in both 
his messages, and his arguments for legislation 
to abolish or minimize imprisonment for 
debt. 

He declined in 182S to be a candidate 
for another term and retired to private life 
after a continuous political service since 
1790. But he went into the anti-Masonic 
movement, which after the disappearance of 
the old political issues now swept the state, 
and held control of its affairs for the next 
few years, with only a remnant of the Dem- 
ocratic organization to stand up against it. 
Mr. Butler was one of the electors to cast the 
electoral vote of the state in 1832 for Wirt 
and EUmaker. He had before been a Jef- 
ferson elector in 1S04 and a Monroe elector 
in 1820. He was a member of the commit- 



tee that fixed the site of the first state house 
in Montpeher and of the commissioners that 
located the state's prison and state arsenal 
and made the plans for them. He was a 
trustee of the University of Vermont from 
1810 to 1816. With the other party leaders 
in the Legislature of 1804 he aided in the 
defeat of the Massachusetts proposal of a 
constitutional amendment to exclude slaves 
in the apportionment for representatives in 
Congress, arguing that this was one of the 
sacred compromises of the constitution and 
thus the consideration for it in the pro\ision 
which Massachusetts also proposed to abolish 
for the apportionment of direct taxes by 
population might be important in case of war. 

For above forty years he was an elder of 
the Baptist church, its pastor at W'aterbury, 
its preacher whenever at home and a con- 
stant and unremitting teacher of religion 
wherever he was. According to his own 
account he was an irreligious and profane 
youth, presumptuous in his skepticism. His 
conversion was brought about one Sunday 
by the reading with his wife of a pamphlet, 
whose beginning and end were gone and 
whose author he never knew, on hereditary 
sin. Its perusal threw him into deep and 
anxious thought, bordering on despair, 
which lasted for several days until he was 
brought "into the clear light and liberty of 
the gospel." In a few months he was bap- 
tized into the Baptist church and when a 
church of that denomination was organized 
in Waterbury he was ordained its pastor and 
continued in the discharge of its duties until 
within a few years of his death, July 12, 
1838, at the age of seventy-four, adding this 
service to all his other multifarious cares 
as legislator and judge, and political leader, 
for love of his Maker and his fellowmen, 
without salary or remuneration to the end. 

Rarely indeed does any man hold public 
confidence as Ezra Butler did. He had not 
the winning presence of Fisk or Tichenor, 
or the learning of the Bradleys, or the tre- 
mendous popular strength of Galusha, but 
his judgment was sound and penetrating, his 
ideals high, his purposes pure, his methods 
always painstaking, and his appearance al- 
ways that of intensest sincerity. This is 
illustrated by the tradition that after one of 
his executive speeches a man in the gallery 
invited the audience to sing "Hear." He 
always had the air of meekness and dignity 
characteristic of the ministry, and one that 
could not fail to command respect. 

No portrait of him was ever painted — "He 
was not that sort of a man," replied a mem- 
ber of the family to an inquiry of Governor 
Walton. But he is described by Rev. C. C. 
Parker as in form "slightly stooping, his 
complexion sallow and dark, and his whole 
appearance quite unprepossessing ; but his 




.JVf^i 



penetrating black eye and the calm tones of 
his voice quickly told of an intellect and will 
of no common order." 

CRAFTS, Samuel C- Governor, sen- 
ator, and rep- 
resentative in 
Congress, filled 
nearly e\ery 
office within 
the gift of the 
people of Ver- 
mont, being in 
continuous 
]j u b 1 i c service 
for fifty years 
or more. He 
was born in 
\V oodstock, 
Conn., Oct. 6, 
1768, the son 
of Col. Eben- 
ezer Cralts, a tirst and leading settler of 
Craftsbury, and in honor of whom the town 
was named. The son was liberally educated 
and graduated from Harvard in 1790, then 
accompanied his father into the wilderness, 
and two years later, on the organization of 
the town of Craftsbury, was elected its first 
town clerk, and held the position for thirty- 
seven consecutive years, even while his pub- 
lic duties called him away from home a 
large part of the time. He was in the con- 
vention to revise the state constitution in 
I 793, being its youngest member, and even 
then showed the marked aptitude for pubhc 
affairs that achieved his distinguished career. 
In 1796 he was Craftsbury's rei^resentative in 
the General Assembly, in 1798 and 1799 he 
was clerk of the House, and the next year was 
again on the floor, being re-elected in 1801, 
1803, and 1805. He was register of pro- 
bate for the Orleans district from 1796 to 
18 1 5, judge of the Orleans county court from 
1800 to 1810, and chief judge for the next 
six years, and twenty years later, from 1836 
to 1838, after he had filled the highest posi- 
tions in the state, he was clerk of the court. 
In 1809 he was elected a member of the ex- 
ecutive council, serving for three years, and 
again from 1825 to 1827. At this time also, 
from 1825 to 1S28, he was again chief judge 
of his county court. 

In 1816 he was elected representative in 
Congress and served eight years, until 1S25, 
usefully and industriously, but without any 
great distinction or prominence in the na- 
tional battles of those times. Indeed, he 
was seldom heard in debate in either state 
or national halls, for he had little faith in the 
good of speech-making. Afterward he was 
senator for a few months, from December, '42, 
to March, '43, being appointed by Governor 
Faine, and then also chosen by the I.egisla- 



ture, to fill out the unexpired term of Judge 
Prentiss, who had resigned to accept the of- 
fice of United States district judge. 

In 1828, after his last term in the council, 
he was elected Governor and re-elected in 
1829 and '30. His first election, which was 
substantially without opposition, as Van 
Ness' and Butler's had been, closed the "era 
of good feeling" in state politics. The vote 
in 1828 was 16,285 for him and 916 for Joel 
Doolittle. The two parties had already 
taken lines under the names of "National 
Republican" and the "Jackson Party" or 
"Democrats," with the Anti-Masons soon 
to appear, and in 1829 the vote was 14,325 
for Crafts, 3,973 for Joel Doolitde, and 
7,347 for Heman .\)\en, of Highgate, then of 
Burlington, whom the ,\nti-Masons sup- 
ported, though he had refused to identify 
himself with them. But in 1S30 the Anti- 
Masons had become so strong as to prevent 
an election by the people. The vote was 
13,476 for Crafts, 10,923 for William A. 
Palmer, Anti-Mason, and 6,285 for Ezra 
Meech, Democrat, with 37 scattering. This 
threw the election into the Legislature, where 
the Democrats substituted William C. Brad- 
ley for Meech as their candidate, and thirty- 
two ballots were required to reach a result. 
Crafts was finally elected by eight of the 
Anti- Masons and some of the scattering 
votes going to his support. The next year 
the Anti-Masons had a strong plurality lead 
in the popular vote, and won in the Legisla- 
ture, though a portion of the National Re- 
publicans supported Governor Crafts in the 
balloting, endeavoring to compromise on him 
when it was evident that their candidate, 
Heman Allen, could not be elected. 

Clovernor Crafts' address in 1829 was the 
first to treat of the evils of intemperance, and 
he urged higher licenses and more stringent 
regulation of public houses to check the 
"free indulgence in the use of spirituous 
liquors." He advanced in his message of 
1828 what may be called the germ idea of 
our present town system of schools, and he 
urged the system of highway taxes that has 
since been adopted. He was able to see 
into the future even beyond today, when 
he said in his message of 1830 : "The state 
of Vermont, possessing a salubrious climate, 
a productive soil, much mineral wealth, an 
immense amount of water power, and an in- 
dustrious, enterprising and intelligent popu- 
lation, seems destined to become, when the 
natural resources shall be fully developed, a 
very important member of our great family of 
states. If some safe, cheap and expeditious 
means of communication with the market 
towns be constructed, no part of the Union 
would offer more eligible situation for some 
branches of manufacture than Vermont." 

Governor Crafts, after his retirement, was 
president of the constitutional convention of 



1829 and was an elector on the Harrison 
ticket in 1S40. 

Personally he was modest and unassum- 
ing — not " magnetic " in leadership, but with 
a profound power of inspiring confidence ; 
scholarly in habit, especially in dealing with 
practical affairs, he became in the course of 
his long life an almost exhaustless storehouse 
of information which he gathered from every 
side. In June, 1802, when there were but 
few log huts on the site of the present city of 
Cincinnati, he commenced a tour of obser- 
vation to the lower Mississippi, and in com- 
pany with Michaux, the younger, made a 
botanical reconnoissance of the valley of the 
Great \\'est in canoes and arks. All the 
sciences, including natural history, geology, 
mineralogy, astronomy, as well as the higher 
mathematics, were the objects of study and 
extensive reading and some writing by him 
all his life. While in college he calculated a 
transit of Venus, the first achievement of 
the kind that had ever been made by an 
undergraduate at Harvard. He was also an 
accomplished student of architecture, ser\'- 
ing on the committee of public buildings in 
Congress, and the noble structure of a state 
house was a monument of his learning until 
it was burned in 1857. Above all was he a 
student of the Bible, and the most honorable 
station he ever filled, in his view, was that of 
.Sunday school teacher, whose duties he faith- 
fully performed whenever at home, giving 
freely of his vast and varied knowledge to 
illuminate the text. He was active in every 
good work, serving on the official boards of 
the various state benevolent societies. He 
died, Nov. 19, 1853, at the age of eighty-five. 

Governor Crafts married, in i 798, Eunice 
Todd, a sister of the famous alienist, Dr. Eli 
Todd, of Hartford, Conn., and by whom he 
had two children, one son and one daughter. 
The former died while at college at Burling- 
ton, and the latter married N. S. Hill, treas- 
urer of the L'niversity of Vermont. 

PALMHR, William A.— The eleventh 
(lovernor of the 
state, judge, leg- 
islator and Fed- 
eral senator, was 
another leader of 
Connecticut ori- 
gin, born at He- 
bron, Conn., 
Sept. 12, 1 781, 
the son of Joshua 
and Susanna Pal- 
mer, of a family 
that had emi- 
grated from Eng- 
land before the 
Revolution, and 
was full of intel- 
lectual and physical vigor. Of the Gover- 




83 



mor's seven brothers and sisters, all ii\eil to 
the age of eighty or upward. He had only a 
common school education, but an accident 
by a fall on the ice with an axe lost him the 
•use of a part of one of his hands and unfitted 
him for manual labor, so that he studied law 
with Judge Peters, and, after coming to \'er- 
mont, with Daniel Buck at Chelsea, ])rac- 
ticed a few years at St. Johnsbury and then 
moved to Danville, where in after years he 
devoted most of the time that he was free 
•from public cares to agriculture. He was 
for eight years county clerk and judge of 
probate of Caledonia county and served one 
year as judge of the Supreme Court in 1816, 
refusing a further election. He was si.x times 
elected representative from Danville. 

In politics he was a Jeffersonian Demo- 
crat, and during the ascendency of that party 
in the state, until the .\nti-Masonic break-up, 
was one of its most potent leaders. In 18 17 
he was elected United States senator to suc- 
ceed James Fisk, resigned, and then for a 
full term of six years, closing in 1825. He 
had for several years been under something 
of a cloud of unpopularity, because of his 
vote for the Missouri compromise, and be- 
fore that in favor of admitting the state with 
the constitution which she had herself 
adopted, though it allowed slavery. He was 
practically the only senator from the state 
who ever cast a vote on slavery's side. But 
he always maintained to his dying day that 
the vote was right, not because he approved 
of slavery, but because he stood, even at that 
early day, on what afterwards became the 
Douglas idea of squatter sovereignty as the 
only doctrine consistent with the com- 
promises of our constitution. Returning to 
his home in Danville he was the next year 
elected again to the Legislature, and re- 
elected in 1827. 

He was elected Governor in 1S31, and 
re-elected till 1835. He had in 1S.50 been 
the candidate of the new and rapidly rising 
element that called itself the Anti-Masonic 
party, and obtained so strong a vote as to 
throw the election into the Legislature as 
detailed in the sketch of Governor Crafts. 
At the 1 83 1 election. Palmer and the .Anti- 
Masons were in a strong lea:d in the popular 
vote, it standing 15,258 for Palmer, 12,990 
for Heman Allen, National Republican, and 
6,158 for Ezra Meech, Democrat. No 
party had a majority in the Legislature, and 
it took nine ballots and a heated contest to 
elect Palmer, and this was only accomplished 
by one majority, due to a break among the 
National Republicans in trying to transfer 
their support from .Allen to Governor Crafts. 

In 1832 again there was no election by the 
people. The National Republicans returned 
again to Governor Crafts, whom they had 
found to be their strongest candidate, and 



gave him 15,499 votes, while Palmer had 
17,318, and Meech 8,210. It took forty- 
three l)allots in the Legislature to re-elect 
(Governor Palmer, with barely two majority, 
and this result was finally due to the aid of a 
few friends of Crafts. In 1833 the National 
Republicans had gone out entirely or been 
absorbed by the .Anti-Masons, owing to a 
combination of both national and state 
causes, and the Democrats were the only 
party to stand up with any show against 
the new party. The \ote was 20,565 for 
Palmer, 15,683 for Meech (Dem.), 1765 for 
Horatio Seymour, 772 for John Roberts, and 
120 scattering. This was the only election 
Governor Palmer received by a majority vote 
of the people. By 1834 the Whigs had got 
well organized under the lead of Horatio 
Seymour, and the vote was 17,131 for 
Palmer, 10,365 for William C. Bradley 
(Dem.), and 10,159 for Seymour; but Pal- 
mer was elected on the first ballot in the 
Legislature, getting 126 out of the 168 votes 
cast. This was due to the fact that both par- 
ties, anticipating the early collapse of the 
Anti-Masons as a political organization, were 
playing to catch the pieces. Seymour had 
published a letter announcing that he would 
not be a candidate in the General Assembly 
against Governor Palmer, and the vote indi- 
cates that Bradley or the Democratic leaders 
had been conveying the same assurances 
privately. 

In 1835 Governor Palmer still led in the 
popular vote, 16,210 for him to 13,254 for 
Bradley, and 5,435 for Paine, Whig, but 
could not win in the Legislature, and after 
sixty-three ballots without any choice, the 
highest vote for Palmer being 112, Bradley 
73, and Paine 45, the effort was given up, 
and Jennison, who had been chosen Lieuten- 
ant-Cio\ernor, had to take the executive 
chair. .AH the rest of the .Anti- .Masonic ticket 
except Governor Palmer had been indorsed 
by the Whigs, and the combination to defeat 
the Ciovernor was due to the recollection of 
his Democratic proclivities and the belief 
that he purposed to support Van Buren for 
the presidency the next year. 

Governor Palmer had been the .Anti-Ma- 
sonic leader because he profoundly believed 
in the evil of all secret societies. He was 
never a member of any of them or of any 
similar social organization. But he did not 
take any such radical grounds in his mes- 
sages as might have been expected. In his 
first address in 1831 he declared his purpose 
to appoint to ofifice only men who were "un- 
shackled by any earthly allegiance except to 
the constitution and laws," and he suggested 
legislation to prohibit the administration of 
oaths except "when necessary to secure the 
faithful discharge of public trusts and to 
elicit truth in the administration of justice," 



JENNISON. 



and to "diminish the frequency" of even 
these, because of the "influence which they 
exercise over the human mind." He reiter- 
ated these recommendations in subsequent 
messages. 

He followed up the denunciations of the 
previous Governors of the system of im- 
prisonment for debt, which he pronounced 
"a relic of a dark age, and a barbarous 
code," and declared to be inconsistent with 
the constitution of the state as it was, "ex- 
cept where a strong presumption of fraud" 
could be shown. He took occasion in his 
1834 message to disapprove President Jack- 
son's severe measures against the national 
bank as "pernicious in their consequences, 
and altogether unwarrantable," though he 
admitted the misconduct of the bank and the 
dangerous features of its charter, to whose 
renewal he was opposed " in its present 
form." The latter declaration was the reason 
of the Whig bitterness towards him. 

In 1837 Governor Palmer was again re- 
turned to the Legislature, being elected 
county senator, and with this service he 
closed his public career, retiring to his farm 
in Danville, where he lived in honored ease 
until his death, Dec. 3, i860, at the age of 
se\enty-nine. He had in his later years 
been so subject to epileptic fits as to become 
a great source of trouble and anxiety to his 
friends and family. 

The Governor was a very popular man 
personally, and also a good manager in po- 
litical contests, and hard to beat when up as 
a candidate. He was charitable to a fault, 
as is sometimes said, frequently giving to his 
own hurt financially, and at his death he was 
comparatively poor. He was often consulted 
as an adviser by his townsmen and others, 
and his opinion was always considered valu- 
able — and quite usually acted upon. He 
was certainly a man of " strong natural abil- 
ity, possessing a decided and penetrating 
mind," and with such an " unpretending 
simplicity of manners," as inevitably made 
him a popular favorite. 

He married in September, 1813, at Dan- 
ville, Miss Sarah, third daughter of Capt. 
Peter and Sarah Blanchard of Danville, who 
had removed to Vermont from Concord, N. 
H., in I 790 or before. The Governor and 
wife had seven children in all, two daughters 
dying in infancy ; five boys lived to man- 
hood : William B., Abial O., Henry Wirt, 
Edward Carter, and Franklin Rolfe, all ex- 
cept Edward, who died in 1SS8, residing in 
Danville. 

JENNISON, Silas H.— Governor of the 
state in iS36and for the six years following, 
was the last of the Clovernors to secure such 
repeated re-elections, and the first who was 
native born. He was born in Shoreham, 




May 17, 1 791, the son of Levi and Ruth 
Hemenway Jennison. His father died when 
he was only a year old, but his mother was a 
woman of uncommon strength of character, 
and to her very 
largely was due 
his success in 
after life, as is 
the case with 
most great men. 
He had to work 
hard in his 
youth, attend- 
ing school only 
a few weeks 
each year, but 
with the en- 
couragement of 
his energetic, in- 
dustrious and 
ambitious moth- 
er, he secured an education by omniverous 
reading, devoting his nights to study and 
reciting to Mr. Sisson, a neighbor. .And he 
kept up this habit of study all through his 
life, storing his mind with information, so 
that though he was never a speaker and 
never engaged in public debate, the weight 
and solidity of his attainments, with his 
faculty of facile and accurate transaction of 
public business, won him prominence. He 
early became an expert in mathematics and 
surveying. 

He represented his town 1826 to 1831, 
was assistant justice of the county court six 
years, i82g-'35, councilor, Lieutenant-Gov- 
ernor in 1835, acting also as Governor, as 
there was no choice by the people or in the 
Legislature, as explained in the sketch of 
Governor Palmer. He was then elected 
Governor in 1836 as a whig, by a vote of 
20,471 over \\illiam C. Bradley, who had 
16,1 24. He issued a proclamation this year, 
during the rebellion in Canada, warning 
against any violation of the neutrality laws, 
as there was much sympathv among our 
people with the rebels. 

The proclamation affected his popularity 
for the time being, but in the end only in- 
creased it, as his firmness and good judg- 
ment came to be appreciated. The Demo- 
crats, however, took advantage of the feeling 
to make a sharp canvass against him in 
1837, but he was re-elected with an increase 
of 187 in his majority. In 1838 it was in- 
creased 1,024 more, though so able and 
strong a man had been his competitor each 
year. The next year the Democratic fight 
was made under the cry of "Simlie and Bank 
Reform," with Nathan Simlie as the candi- 
date, and Jennison's majority was cut to 
2,354. But in the Harrison log-cabin year, 
1840, he got a majority of 10,798, after the 
most exciting canvass he ever had. In the 



MA'nncKs. 



85 



Legislature, and as Governor, he interested 
himself largely in the subject of the grand 
list and problems of taxation. At the close 
of his term in 1841 he declined re-election. 
But he served for six years after this as 
judge of probate, 1 841 -'4 7, and was a dele- 
gate to the Constitutional Convention of 
1S43, and he died in September, 1849, after 
a protracted illness. 

Governor Jennison, who was of tall, stately 
build, and unaffected, cordial manners, was 
a man of cultivated tastes, clear-viewed on 
public (piestions, and prudent and correct in 
administration. .As a political leader he was 
a man of uncommon shrewdness and percep- 
tion, of winning lines of argument, and he 
was one of the half-dozen leaders to whom it 
was due that out of the .Anti-Masonic shake- 
up the U'higs brought such growingly secure 
control of the state, to hand down to the 
Republicans after them. 

PAINE, Charles. — (;overnorof the state 
in i84i-'43, the youngest man who had ever 
held the office, one of the leading projectors 
of the Vermont Central R. R., and its first 
president, was the son of Judge F^lijah Paine, 
and was born .April 15, 1799. He inherited 
his father's executive ability and bold con- 
ceptions of mind and enterprise of spirit, 
with even more than his benevolence, be- 
cause of the easier lines on which his life 
was cast. His last work, where he lost his 
life, fitly supplementing what he had done in 
Vermont, was exploring a route in Texas for 
a Pacific railroad. 

He was well educated, graduated from 
Harvard, and was intended for a profession, 
but instead took hold of his father's business 
matters, showing such an efficiency and grasp 
of affairs as pointed out the proper career 
for him. The great ambition of his young 
manhood was the building of the \'ermont 
Central R. R. He interested foreign capital 
in it, and Oct. 11, 1848, he rode on the first 
train into Northfield, where he had settled. 
He l)uilt and conducted for years the large 
hotel at Depot Village, and was all his days 
engaged in important enterprises. Like his 
father, he was interested in agriculture, and 
imported a full-blooded Durham into town 
to improve the breeding of the cattle there. 
He was elected Governor in 1841 as a whig, 
being re-elected the next year. He had for 
several years been prominent in his party, and 
had been its candidate as far back as 1835, 
when its resurrection began from the ruins of 
Anti-Masonry, as explained in the sketch of 
(jovernor Palmer. There were no great feat- 
ures to his administration, though it was busi- 
ness-like in its conduct, and his messages 
gave considerable prominence to topics of 
■education. 



lie donated the land on which the Xorth- 
field .Academy was built, giving, besides, an 
excellent apparatus and S500 in cash. He 
built entirely with his own funds the Con- 
gregational church at I )epot Village. He 
bequeathed to the Catholic church the land 
for its church and cemetery, and he also 
gave the land for the beautiful Elmwood 
cemetery at that place. He was a man of 
too broad mind to be sectarian in his gen- 
erous impulses, and his charities always ex- 
tended to the most diver.se objects. His 
views were epitomized in his will, which, 
leaving all details to the trustees, required 
them, after "assisting such persons as they 
may think have any claim arising from con- 
sanguinity, friendship or obligation" in- 
curred by him, "to use and appropriate what- 
e\er property I may die possessed of for the 
best good and welfare of my fellowmen, to 
assist in the improvement of mankind, re- 
commending that they do it without sec- 
tarianism or bigotry according to the inten- 
tion of that God whose will is found in the 
law of the Christian religion in which I be- 
lie\e and trust." 

This will is not lawyer-like, could not 
stand under the law of trusts as expounded 
by the courts nowadays, and notably in the 
Tilden case, but it is noteworthy as showing 
the character of the man. 

His career was cut short by his death in 
Texas, as above stated, after only twenty-six 
days' illness, July 6, 1853, when he had 
reached the age of only fifty-four. 

In personal appearance he is described by 
a friend, Rev. E. Gannett, D. D., as of 
"erect form, open face, and princely de- 
meanor, always with words of cordial greet- 
ing." 

MATTOCKS, JOHN.— A distinguished 
lawyer, briefly a judge of the Supreme Court 
in 1832, ( Governor in iS43,and three times a 
representative in Congress, was born at Hart- 
ford, Conn., March 4, 1777, the son of Samuel 
Mattocks, a captain in the Revolutionary 
army who afterwards came to Vermont, be- 
came prominent in the early days, represent- 
ing Tinmouth in the Legislature for four years, 
being judge and chief justice of the l^utland 
county court for five years, serving in the 
ninth council, succeeding Ira Allen as state 
treasurer, and holding the position fourteen 
years, from 1786 to 1800. 

John Mattocks was only a year old when 
his father moved from Connecticut to Tin- 
mouth, and at the age of fifteen went to live 
with his sister, Rebecca Miller, at Middle- 
l)ury for two or three years, where he began 
the study of law in the office of Samuel 
Miller, completing it, however, at Fairfield, 
under Judge Bates Turner, and being ad- 
mitted to the bar in February, 1797. He 



commenced practice at Danville, but soon 
after moved to Peacham, where he carved 
out his successful career. He was Peacham's 
representative in the General Assembly in 
i8o7-'i5-'i6-'23-'24, was a delegate to the 
Constitutional Convention of 1836, and was 
first elected to Congress in 1820, then in 
1824, and again in 1840. He joined the 
Whig party as soon as it was formed, and 
was an unyielding adherent of that organiza- 




tion to the day of his death. He was chosen 
judge of the Supreme Court in 1832, but 
declined a re-election the following year. ■ 
He devoted himself to his professional prac- 
tice for the next four years, until in 1S43 
the Whigs nominated him for Governor and 
elected him by a vote of 24,465 to 21,982 
for Judge Daniel Kellogg, Democrat, and 
3,766 for Charles K.Williams. 

He was in 1806 one of the thirteen direc- 
tors of the Vermont State Bank, and a brig- 
adier-general of the state militia in 1812. 

As a lawyer Governor Mattocks was often 
likened to the great Jeremiah Mason of New 
Hampshire. He was especially strong before 
a jury, with a concentration of mind, a power 
of analysis and illustration, a capacious mem- 
ory that was a storehouse of argument, and a 
clear and convincing way of statement that 
were apt to make him irresistible. He was 
keen and searching on cross-examination, 
and his knowledge of practical life and his 
quickness of judgment of human nature, 
made him a very shrewd and adroit mana- 
ger of cases. In Congress his most notable 



speech accompanied the presentation of ai 
petition for the abolition of slavery in the 
District of Columbia. His personal de- 
meanor was always that of the utmost cour- 
tesy, and his kindliness to young lawyers has 
been the subject of anecdote for generations. 
He was deeply religious, Calvinistic in belief,, 
and in his later years a member of the Con- 
gregational church at Peacham. .A severe 
domestic affliction in the death of a son 
caused him to refuse re-election as (Gov- 
ernor and to retire to private life. 

Governor Mattocks wedded, Sept. 4, 1810^ 
Esther Newell, of Peacham, who died on her 
fifty-second birthday, July 21, 1844, leaving 
a daughter and three sons living. Two 
daughters died ■ in infancy. Governor Mat- 
tocks died August 14, 1S47. Of the three 
sons who survived, one filled an honorable 
position as a clergyman, another as a lawyer,, 
and the other as a physician. 

SLADE, William. — Congressman, Gov- 
ernor, secretary of state, secretary of the 
National Board of Education, political edi- 
tor, compiler of "Slade's State Papers," and 
who probably held a greater \ariety of civil 
trusts than any other citizen of the state,, 
was born at Cornwall in 1786. His father 
was Col. \\'illiam Slade, a Revolutionarv vet- 
eran, who came from Washington, Conn., in. 
1786, was sheriff of Addison county for sev- 
eral years, an active Republican politician, 
and a staunch supporter of Madison and the 
war of 181 2. Young Slade graduated from 
Middlebury College in 1807, studied law,, 
and was admitted to the bar in 1810. But 
his attention was soon absorbed in journal- 
ism and politics, and in historical and liter- 
ary studies. In i8i4-'i5-'i6 he edited the 
Columbian Patriot, a political papier at Mid- 
dlebury, where he also kept a book store. In. 

1 81 6 he was made secretary of state, and 
held the position for eight years. He was a 
Madison presidential elector in 181 2. From 

1817 to 1823 he was also judge of the Addi- 
son county court, and was afterwards state's, 
attorney. Before the close of the Monroe 
administration he was appointed clerk in the 
state department in Washington, and served 
until 1829, when he had to "go" under Jack- 
son. But he had improved the opportunity in 
the meantime to equip himself intellectually 
for the larger usefulness of later years, and 
was one of the few men who ever rose from. 
de]5artmental service to anything higher. 

In 1830 he was elected representative to- 
Congress and served contiruiously for twelve 
years. On his retirement, such was the 
versatility he had shown, that he was ap- 
pointed reporter of the decisions of the 
Supreme Court of Vermont. But he held 
this position only one year, because in 1844 
he was chosen Governor, and re-elected the 



8? 



next year. Subse(|iiently he was for nearly 
fifteen years secretary of the national board 
of popular education, having for its object 
the furnishing of the West with teachers 
from the Kast, and gave himself to the duties 
of the position with the thoroughness and 
the zest that always characterized him, and 
with an effect for good that it is not easy to 
measure. These labors ceased only with his 
death, Jan. i8, 1859. 

His best title to historical rank will rest on 
his speech, Dec. 20, 1S37, on a petition for 
the abolition of the slave trade in the Dis- 
trict of Columbia, and though the speech 
was suppressed by vote of the House, the 
pluck with which he presented the case and 
the skill and coolness with which he prodded 
the slavocracy to desperation, were well 
worthy of admiration. In arguing for the 
removal of the disgrace of this traffic from 
the National Capital, he naturally branched 
off into a discussion of the wicked and 
brutalizing character of the traffic every- 
where. Quoted Franklin, Jefferson and 
Madison in reprobation of it, and when points 
of order were fired at him to the effect that 
"slavery in the United States" could not be 
discussed, he was ready with (juotations 
from these great southern statesmen them- 
selves to show that they were ready to dis- 
cuss and consider, but never to throttle 
debate on the subject. He finally got the 
southerners into a corner where they ob- 
jected to quotations from the Declaration of 
Independence itself, and driving them re- 
morselessly in their dilemma, extorted a call 
from the leaders for the southern delegations 
to leave the hall in a body. When they 
attempted the gag rule to suppress him he 
said : " Vou may indeed silence the voice of 
truth in this hall, but it will be only to give it 
louder and deeper tones elsewhere" — words 
that were prophetic. His speech on the 
tariff bill of 1842 was also regarded as a 
strong one for the protectionist side of the 
argument, especially for its wool schedule, 
and it was widely published and circulated 
by the \\'higs. 

One of the interesting episodes of Ver- 
mont politics in those days was the "war of 
pamphlets" between him and Senator Phelps 
in 1845 an J 1846, growing out of the charges 
made against the senator before his re-election 
in 1844, that he had been inclined to kick 
out of the party traces and to refuse to vote 
for the tariff bill of 1842 and against the land 
distribution bill, and that he had impaired 
his usefulness by excessive intemperance, 
violence of temper, and coarseness of lan- 
guage. Slade was at the time (lovernor and 
claimed that Phelps had got him nominated 
to silence these accusations. He had been 
an aspirant for the senator's seat, as also had 
Hiland Hall, and these two with Ezra Meech 



and Charles .\dams fathered the reports, as 
Phelps claimed. The thing was fought out 
in the Whig convention and in the Legisla- 
ture, which apijointed a committee of inves- 
tigation. Phelps wtm at both (joints, and 
then in the following winter published an 
".\])pear' to the peo])le of \'ermont in his 
vindication, reviewing the charges, produc- 
ing letters from a large number of his col- 
leagues and associates to show the baseless- 
ne.ss of the charges. Slade followed with a 
"reply," then Phelps with a "rejoinder" and 
Slade with another address "'I'o the People 
of Vermont," in which they handled each 
other severely and with a personal bitterness 
that would be irreparably damaging to the 
author in these days. 

EATON, Horace, (lovernorof the state 
in 1846-8, Lieutenant-Covernor for the three 
years preceding, physician, college professor 
and writer, was a man of modest but wide 
merit. The accessible biographical facts 
about him, however, are meagre. He was a 
son of Dr. Eliphoz and Polly ( liarnes ) P^aton, 
born at Barnard, June 22, 1804, but remov- 
ing with his parents to Enosburg two years 
later. He attended the district schools until 
he was fifteen, when he was sent to St. .Albans 
Academy to fit for college, entered Middle- 
bury in 1821, and graduated in 1825, having 
taught school every winter to help pay his 
expenses, but keeping up with his class with- 
out difficulty. He taught the academy 
school in Ivliddlebury for two years after 
graduation, and then returned to Enosburg 
and studied medicine with his father, and 
also attended medical lectures at Castleton, 
where he received his diploma. He contin- 
ued at Enosburg in the practice of his pro- 
fession in company with his father, until the 
latter's retirement, then alone, and still later 
in company with his brother, Dr. Rollin 
Eaton. He was town clerk for a number of 
years, representative in the Legislature six 
different times, and once in the Constitu- 
tional Council. In 1837 he was elected state 
senator, and again in 1839, being re-elected 
three times. Though unpretentious, he was 
so diligent and useful a legislator that he 
made a reputation which resulted in his 
nomination by the Whigs for Lieutenant- 
Covernor, in 1843, on the ticket w-ith Cov- 
ernor Mattocks, and he was re-elected on the 
ticket with Covernor Slade for his two 
terms. In 1846 he was the party nominee 
for Ciovernor, and was elected by a plurality 
of 5,763, the largest the \\higs had up to 
this time obtained, except in presidential 
years, and he was re-elected the next year. 
On his retirement from the Go\ernor's chair 
he was called to Middlebury College to take 
the post of professor of natural history and 
chemistry, which he held for about six years 



88 



until his death, July 4, 1855, in his sixty-first 
year. He had for several years been in 
feeble health, the victim of wasting and ex- 
hausting disease contracted in the care of a 
professional brother. Doctor Bard, of Troy. 

He was a man of clear and well-balanced 
mind, Madison-like in the simple, convincing 
fairness of his arguments, and the comprehen- 
siveness of his understanding of the subjects 
he handled, just and kindly towards others, of 
great delicacy of feeling, and always exceed- 
ingly careful not to wound, always a gentleman 
in his deportment. It was a combination of 
qualities that when bottomed on real intellec- 
tual strength and extensive learning, as was the 
case with him, make a strong man, a con- 
trolling one in deliberative assemblies and an 
authoritative on executive duties. He wrote 
much in the way of public addresses and 
lectures, reports and newspaper articles, not 
much of which, however, was of an enduring 
character. His last address delivered but a 
few weeks before his death was before the 
" Enosburg Young Men's Temperance So- 
ciety." He was much interested in temper- 
ance work all through his later years, taking 
an active part in the agitation that finally led 
to the enactment of our prohibitory law. 
Besides all his other services to the state he 
was for five years the state superintendent of 
common schools. 

(jovernor Eaton was twice married, first, 
August 14, 1821, to Cordelia L. Fuller, who 
died Feb. 7, 1841 ; and second, December, 
1 84 1, to Miss Edna Palmer. There were 
two children, but only one, Mrs. R. D. Ross 
of Missouri, lived to reach maturitv. 

COOLIDGE, Carlos.— Speaker, sen- 
ator, and Governor, son of Xathan and 
Elizabeth (Curtis) Coolidge, was born in 
Windsor, June 25, 1792. He fitted for col- 
lege with Rev. James Converse of Weathers- 
field, and entered Dartmouth in the fall of 
1807, but transferred to Middlebury in the 
spring of 1809, and was graduated in 181 1. 
After graduation he commenced the study 
of law with Peter Starr, Esq., of Middlebury, 
with whom he rvpnained about two years, 
and then returnii^i•^,' to Windsor completed 
his legal studies with Hon. Jonathan H. 
Hubbard, and was admitted to the Windsor 
county bar at the September term, 1814, and 
established himself in practice in his native 
town. In 1 83 1 he was elected state's at- 
torney for the county of Windsor, and was 
successively re-elected for five terms. He 
was a member of the first, board of bank 
commissioners, appointed under a statute 
enacted in 1831. In 1834 he" was elected 
to represent Windsor in the Legislature, and 
re-elected during the two succeeding years, 
being speaker in 1836, and was also repre- 
sentative for another term of three years, 



i839-'4o-'4 1, and speaker during the whole 
term, and distinguished himself by the dig- 
nity and im])artiality with which he dis- 
charged the duties of that station. 

In 1845 he was presidential elector and 
assisted in giving the vote of ^'ermont to 
Henry Clay. He was the candidate of the 
Whig party for Governor in 1848, and, no 
election being made by the people, was 
chosen by the Legislature. In the same way 
he was re-elected in 1849. He was a sena- 
tor from Windsor county in i853-'S4-'55, 
and was frequently called upon to act as 
president pro tempore of the Senate and 
Joint .Assembly. 

He married Harriet Bingham of Clare- 
mont, X. H., by whom he had one son, who 
died in early childhood, and one daughter : 
Mary, who married Rev. Franklin Butler. 

He received the honorary degree of A. 
M. from the L'niversity of Vermont in 1835, 
and that of LL. D. from his alma mater in 
1849. He died at Windsor, August 14, 1866, 
aged sixty-nine. 

WILLIAMS, Charles Kilborn.— 

( J o V e r n o r , an 
eminent jurist 
and one of the 
most wideh' use- 
ful of our states- 
; men, was born 

at C am bridge, 
Mass., Jan. 24, 
1782. Youngest 
son of that emi- 
nent philosopher 
and historian. 
Rev. Samuel Wil- 
liams, LL. D., by 
lane, daughter of 
Klphialet Kil- 
born. He came 
to ^'ermont with his father in 1790, gradua- 
ted at Williams in 1800, and locating at 
Rutland, continued to reside there until his 
death. He studied law with Cephas Smith, 
Esq., of Rutland, then clerk of the L'. S. 
courts for the district of Vermont ; was ad- 
mitted to the bar in March, 1803; was 
appointed a tutor in Williams College in 1802, 
and about the same time received a similar 
appointment from Middlebury College, both 
of which he declined. He served one cam- 
paign on the north frontier in the war of 1 8 1 2. 
Represented Rutland 1809-'! i-'i4-'i5-'2o- 
'21 and '49. After his retirement from the 
bench, by the general concurrence of all po- 
litical parties in town, he was state's attorney 
of Rutland county in 1815 ; was elected judge 
of the Supreme Court of Vermont, in 1822- 
'23-'24, declining the last election ; was ap- 
pointed collector of customs for Vermont in 
1825 and held the position until October, 1829, 




I'AIRHANKS. 



89 



when he resigned, being again elected one of 
the judges of the Vermont Supreme Court : to 
this office he received seventeen successive 
annual elections. He retired from the bench 
in 1849, declining a re-election. In i85o-'5i 
he was elected Governor by a majority of 
the popular vote. In 1827 he was ajjpointed 
one of the state commissioners for common 
schools, a board to select and recommend 
suitable text books and to have general super- 
vision over educational affairs of the state ; 
was a member of the corporation of Middle- 
bury College from 1827 to 1843, and, at the 
time of his death, was ]3resident of the society 
of the Alumni of Williams College. He re- 
ceived the degree of Master of Arts from 
Middlebury and Williams Colleges in 1803, 
and that of Doctor of Laws from the former 
in 1834. 

Governor Williams died very suddenly at 
his residence in Rutland, March 9, 1853. 

FAIRBANKS, ERASTUS.— Twice (;over- 
nor of the state, the signer of its prohibitory 
law, which defeated him for re-election, but 
eight years later elected the first of our 
three war Governors, the founder, with his 
brother 'I'haddeus, of the great firm of scale 
• manufacturers at St. Johnsbury, one of the 
fathers of the Passurapsic R. R., and its 
first president, was born in Brimfield, Mass., 
Oct. 28, 1792. 

The early American ancestors of the Fair- 
banks family, Jonathan and Grace Fair- 
banks, came from Yorkshire, England, in 
1633 and settled in Dedham, Mass., where 
the family mansion there erected still stands. 
In Erastus Fairbanks, the sixth generation 
in the line of descent, was seen the junc- 
tion of the qualities of character in the early 
New England settlers, energy, public spirit, 
and clear religious convictions. Joseph Fair- 
banks, a farmer, carpenter, and mill owner, 
was the father of the subject of this sketch, 
and he came to Vermont and St. Johnsbury 
in 18 15, the son having preceded him by a few 
years. Erastus Fairbanks' early means of edu- 
cation were very limited and confined wholly 
to the common school of which he made un- 
common use. In referring to this period 
of his early history he himself said of the 
school where he studied : "I went thor- 
oughly through all the stages of the fresh- 
man, sophomore, junior, and senior classes 
of this institution, and graduated at the age 
of seventeen with a knowledge of the 
branches there taught as a foundation. I 
ever considered myself a student at large, 
capable of acquiring, and bound to acquire, 
a knowledge of other sciences more or less 
thoroughly, and an acquaintance with what- 
ever is requisite to qualify myself for any 
calling or station whicn in the providence of 
God I may be called upon to occupy." For 



a little while after leaving school he con- 
tmued his education by teaching for two 
terms. Soon after, in 181 2, he accepted an 
invitation from his uncle, Judge l-^ihriam 
I'addock of St. Johnsbury to enter his office 
as a student of law. A serious affection of 
the eyes soon compelled him to abandon his 
legal studies and 'engage in other pursuits. 
He entered mercantile life as represented in 
a country store, and continued in this for 
eleven years in Wheelock, East St. Johns- 
bury, and Barnet. In these years he estab- 
lished a reputation for absolute integrity and 
for interest in everything that concerned the 
public welfare. 

On the settlement of his affairs in Barnet, 
he returned to St. Johnsbury and entered 
into business with his next younger brother, 
Thaddeus Fairbanks, as manufacturers of 
stoves, plows, etc. In 1829 the brothers 
added to their business the purchase and 
preparation of hemp for market. The rude 
antl inaccurate mode of weighing their pur- 
chases led to the invention of the platform 
scale by them. This invention, like most of 
the discoveries that have revolutionized 
methods of industry, was simple and easily 
understood. The demand for the new scale 
compelled the brothers to relinquish other 
business interests. The two men were fitted 
for partnership in the work and growth of a 
great manufacturing establishment. Thad- 
deus gave the strength of his inventive 
genius to the improvement and manufacture 
of the scale, while Erastus with his genius 
for business, by original and far seeing 
methods, secured a wide and solid financial 
success, though they had their full share of 
struggles and misfortunes. A fire and a 
freshet in 1828 compelled them to ask for a 
two years extension from their creditors, 
which was cordially granted. 

In 1836 Erastus Fairbanks was elected to 
represent the town in the state Legislature, 
and was re-elected for the two succeeding 
years. In 1844, and again in 1S48, he was 
chosen a presidential elector for the state. 
In 1848 he was appointed with Charles K. 
Williams and Lucius B. Peck to prepare a 
general railroad law, and also one relating to 
manufacturing corporations, and their report 
still remains embodied in the statutes of the 
state. In 1852 he was elected Governor by 
the Legislature, having fallen a few hundred 
short of a majority in the popular vote, be- 
cause of the candidacy of Brainerd and the 
Liberty party. In the closing days of the Leg- 
islature of that year the law for the prohibition 
of the sale of intoxicating liquors was passed ; 
Governor Fairbanks signed it, and in conse- 
quence was defeated for re-election the next 
year. The figures and particulars of that 
interesting contest are given in the sketch of 
Governor Robinson, his successful competi- 




amim 



FAIRBANKS. 



9> 



tor. 'I'he Whigs desired to fight out the issue 
in 1854 with Governor Fairbanks again as a 
candidate, but he declined a nomination 
because of his business engagements. 

In i860, however, the Republican con- 
vention unanimously made him its candi- 
date, and he was easily elected over John (1. 
Saxe, the poet, Democratic candidate. His 
administration in 1861 secured for him a 
reputation as a "man with a brain and con- 
science." By his energy and patriotism ; 
he being "as lavish of his own time and 
money as by was sparing of the people's ; 
and as regardless of his private interests as 
he was devoted to the public good," he 
earned the name of the war Governor. War 
meant loss of property and credits which the 
firm had in the South, but he never wavered 
for a moment in the conviction that the 
Union must be sustained. He called an 
extra session of the Legislature eight days 
after the assault on Sumter, and it placed 
$1,000,000 at his disposal without check on 
his discretion, for the arming and forwarding 
of troops, but at his earnest request a com- 
mittee was appointed at the October session 
to audit his accounts, and on its report the 
Legislature adopted a series of resolutions 
highly complimentary to the ability and 
patriotic devotion with which he had ex- 
ecuted the trust. The first six regiments of 
the state, of the famous "Vermont Brigade," 
and the first company of sharp-shooters were 
organized and mustered into the service 
under his administration. The Clovernor's 
services all through this trying period were 
purely a patriotic offering. He declined even 
to draw his salary, such was his sentiment 
on the subject, and it still remains in the 
treasury a monument of his self-sacrifice. 

As a man of business, he had the power 
that easily assumes and carries on great op- 
erations. In 1850 he was active in the con- 
struction of the Passumpsic R. R., and 
was for years president of the company. He 
was also a leading and efficient member of 
the company that constructed the Sault Ste. 
Marie canal. He was always a man of deeds 
rather than words. " .\ staid and stable cit- 
izen, a successful man of business, a dignified 
and courteous Christian gentleman," is Colo- 
nel Benedict's description of him in " Ver- 
mont in the Civil War." A man of wide 
reading, to which he devoted an hour every 
day, of wide and practical information, in- 
tensely earnest in his convictions, and reso- 
lute in carrying them out, he was well 
equipped in every way for success in both 
private and public life. 

He made work of public good, especially 
the interests of the town, an integral and a 
necessary part of his business. Anything 
that touched the community touched his in- 
terests. Probably his most enduring reputa- 



tion is that of a business philanthropist. 
Prominent among his home charities rejire- 
sented in an active way may be mentioned 
the founding of the .Academy, with his broth- 
ers ; and his endowments assist in maintain- 
ing the Athenreum, the .Museum of Natural 
Science, and the North Church. From 1849 
until his death, he was president of the Ver- 
mont 1 )omestic Missionary Society, and for 
many years was a corporate member of the 
American Board of Foreign Missions. 

He was married. May 30, 181 5, to Lois 
Grossman, of Peacham. His married life 
continued to within a few months of half a 
century. They had nine children, of whom 
four now survive : Charles, Franklin, Sarah 
(Mrs. C. M. Stone), and Emily (Mrs. C. L. 
Goodell). 

Governor Fairbanks died Nov. 20, 1864. 

ROYCE, Stephen.— Governor in 1S54 
and 1855, for twenty-five years a member of 
the Supreme Court of the state, and for six 
years the chief justice, had some of the 
brainiest and most patriotic blood of the 
state in his veins, and belonged to a family 
that for four generations has been distin- 
guished in Vermont affairs. He was the 
grandson of Maj. Stephen Royce, a Revolu- 
tionary soldier and a member of the Dorset 
convention that declared Vermont's inde- 
pendence, and son of that Stephen Royce, 
also a Revolutionary soldier, who was Berk- 
shire's first representative in the Legislature. 
On his mother's side he was a grandson of 
ludge and Doctor Ebenezer Marvin, like- 
wise a Revolutionary officer, who was with 
F^than .Allen at Ticonderoga, a surgeon in the 
Continental army, judge of the county courts 
in Rutland, Chittenden, and F'ranklin for six- 
teen years, and member of the Governor's 
Council for eleven years. His nephew, Homer 
K. Royce, was a member of Congress for 
four years, and a judge of the Supreme 
Court for nearly a generation, and for eight 
years chief justice. 

Governor Royce was born in Tinmouth, 
August 12, 1787, but removed with his 
parents to Huntsburgh (now Franklin), in 
I 79 1, and two years later to the still newer 
town of Berkshire where there were at the 
time only two other families. His oppor- 
tunities for schooling in his early youth were 
very meagre, but besides an able father he 
had in his mother, Minerva Marvin Royce, 
the best of teachers and character de- 
velopers, and at the age of thirteen he was 
sent to Tinmouth to attend the common 
school, and a year later began an academ- 
ical course at Middlebury under Charles 
Wright, afterwards a famous clergyman, and 
in 1803 entered Middlebury College, where 
he graduated with the class of 1S07 which 
contained such a remarkable number of 



eminent men. Twice was he interrupted in 
his academical and collegiate course by the 
necessity of returning to the farm to work. 
But he persevered, made his journey back to 
college on foot, with packages of furs secured 
in the wilderness, from which he obtained 
the money for the purchase of necessary 
books. 

After graduating at the age of twenty, he 
taught district school for one term and 
studied law with his uncle, Ebenezer Mar- 
vin, Jr., with whom he was afterwards in 
partnership for a few years. He commen- 
ced practice at Berkshire, where he remained 
two years, then for six years was at Sheldon, 
representing the town in 1815 and i Si 6, and 
in 1 81 7 went to St. Albans, where he re- 
mained the rest of his life, pursuing his pro- 
fession with ever-increasing success until he 
was called to the bench. St. Albans sent 
him to the Legislature in 1822, 1S23, and 
1824 and as a delegate to the state constitu- 
tional convention in 1823. He was a mem- 
ber of the legislative committee in 1816 that 
made a strong report in favor of adopting 
the constitutional amendment proposed by 
North Carolina for choosing both presi- 
dential electors and congressmen by the dis- 
'trict system, the same principle substantially 
as has recently been tried in Michigan. He 
was state's attorney for Franklin county from 
1816 to 1 818 and held the office of judge 
during 1825 and 1826, when he declined a 
re-election and resumed his professional 
practice until 1829, when he was again 
elected to the bench and continuously re- 
elected for twenty-three years until 1S52, 
rising to be chief justice in 1847, and hold- 
ing that position until he positively refused 
a re-election. In 1854 the whigs nomi- 
nated him as their candidate for Governor 
and he was easily elected. 

In 1855 he was re-elected, and at the end 
of his term retired to private life, passing 
the remaining twelve years until his death, 
Nov. II, 1868, in a serenity and well-earned 
contentment that made a beautiful picture, 
with its easy hospitality, its enjoyment of 
literature and social amenities, and its care 
from kindred ; for, though he was never 
married, his declining years were attended 
by nephews and nieces. His local attach- 
ments were deep, and among his later works 
was a carefully written historv of Berkshire, 
though he did not li\e to complete it. 

His personal appearance is described by 
B. H. Smalley as "tall, erect, with a vigorous 
and well-proportioned frame, of a command- 
ing presence and a serene majesty of man- 
ners. His face was mobile, expressive, and 
strongly marked. The gleam of his mild gray 
eye illuminated his countenance and revealed 
every emotion whether grave or gay that was 
passing within, moving the looker-on by a 



sort of magnetic influence to sympathize 
with him." Professionally his ideal of honor 
was high. 

He made it a rule ne\ er to accept a fee in 
a case in whose justice he did not believe, 
and if afterwards he was convinced it was 
wrong, to compel the client to settle or 
abandon the case. .\s a judge, he resem- 
bled Marshall and Chipman in his way 
of stating a case, laying down the legal 
principles and seldom referring to the books 
for authority ; in other words, regarding the 
law in its high relation as the science of 
reason and right, which authorities can only 
illuminate, not slavishly bind. He followed 
this method e\en while confining himself to 
the case before him and carefully avoiding 
any essays upon law at large. He refused to 
report cases where there were no new prin- 
ciples involved, and it is said that he also 
refused to report some when he was satis- 
fied, upon reviewing the case, that his de- 
cision had been wrong, holding that it was 
bad enough to have done injustice to an 
individual without sending it out as a prece- 
dent for future wrongs. He had considera- 
ble trouble because of these omissions to 
report, and the Legislature withheld a part of 
his salary for a time, but without moving 
him. Politically his career cannot be said to 
have been a notable one. The times of his 
prominence were not of a kind to call forth 
great powers, and it is doubtful if his tem- 
perament was of a kind to strive in political 
turmoil. He made a good and painstaking 
(Governor. 

FLETCHER, RylAND.— Ihe first dis- 
tinctively Republican Governor of the state, 
was born in Cavendish, Feb. i8, 1799, the 
son of Dr. .\saph and Sally (Clreen) Fletcher. 
His father who came from Westford, Mass., 
in 1787, had been a member of the conven- 
tion that framed the constitution of that state 
and was a man of considerable prominence 
both professionally and politically in ^'er- 
mont, being a judge, legislator, councilor 
and presidential elector. CJne of the sons, 
Richard, who studied law with Daniel Web- 
ster, and after whom one of the latter's sons 
was named, represented Massachusetts in 
Congress and was a judge of her Supreme 
Court, .\nother. Rev. Horace Fletcher of 
Townshend, was quite a distinguished Bap- 
tist clergyman. The family was of English 
and Welsh origin and probably farther back 
of French, and Rev. John Fletcher, the early 
Methodist ]3hilologist and philosopher rank- 
ing next to Wesley himself for his influence 
on religious thought, belonged to one branch 
of it. 

Ryland was the youngest of Dr. Fletcher's 
children, had only a common school educa- 
tion, worked on his father's farm through his 



FLETCHER. 

young manhood, teacliing district school 
winters, but by his soHd merits of mind and 
character grew to be a man of local inlluence. 
He w-as seized with the "western fever" in 
1836, but after a few months' vain quest of 
fortune in the several parts of the country, 
was glad to return to okl \ermont. Me was 
early identified with the militia of the state, 
joining the company at Cavendish at the age 
of eighteen, being made a lieutenant the next 
year, captain two years later, major in six 
years more, then successively lieutenant- 
colonel and colonel, until in 1S35 he was ap- 
pointed brigadier-general, resigning when he 
went west. He became active as an anti- 
slavery man as early as 1837, and was the 
intimate associate of Garrison, Giddings, 
Wilson, Tappan, Gerrit Smith, and John P. 
Hale, in their work for the cause. He attend- 
ed the great meeting of the anti-slavery lead- 
ers in 1845, at Fanueil Hall, Boston, and was 
with Henry Wilson present at the Philadel- 
phia meeting of the Native American or 
Know-nothing leaders to launch a new party, 
and he and \Mlson were the only decided 
anti-slavery men present, and after their elo- 
quent appeals to commit the proposed party 
to this cause, the convention finally adjourned 
in great excitement w'ithout accomplishing 
the purpose for which it had been convened. 

In 1854 the practical fusion through the 
action of the state committees of the Whigs 
with the Free Soilers and Liberty party men 
resulted in the selection of Mr. Fletcher as 
candidate for Lieutenant-Governor after the 
nomination had been refused by Oscar L. 
Shaffer, and he was elected this year and in 
185s on the ticket with Governor Royce. 
He distinguished himself as the presiding 
officer of the Senate, and in 1856 was nomi- 
nated by the Republicans for the chief 
magistracy, and was elected by a majority of 
23,121 over Henry Keyes, Democrat, and 
re-elected the next year with a majority of 
23,688, also over Keyes. In his messages he 
took strong ground for prohibition, and 
recommended the appointment of a board of 
education, which was done. He began the 
agitation for the establishment of a reform 
school with the first gubernational recom- 
mendation to that effect. It was during his 
adminstration that the state house was de- 
stroyed, and the location and construction 
of the new one determined. 

He retired from office after trying respon- 
sibilities, with general agreement that his 
record had been a clean and creditable one. 
He was again summoned to the public ser- 
vice in 1861 and '62, when his town sent 
him to the Legislature to give the weight of 
his reputation and influence, as well as his 
ability and experience, to the war measures 
of the state. He of course exerted a large 
power for good in this emergency. He was 



HALL. 93 

also a member of the Constitutional Con- 
vention of 1870, and strongly favored the 
policy of biennial elections. He was several 
times a presidential elector and a delegate 
to Republican national conventions. He 
was identified with temperance work from a 
very early period, gave many lectures on the 
subject, and was for several years president 
of the State Temperance Society. While 
colonel in the militia he induced the officers 
of his regiment to pass a vote to abolish the 
custom of " treating " on parade days. He 
was prominent in the denominational work 
of the Baptist church, and always active in 
Sunday-school duties. 

Governor Fletcher's distinction was won, 
not as a man of brilliant abilities, but as one 
of well-balanced and well-poised character, 
pure of purpose, high of aims, and sound of 
judgment. .\s a public speaker he was most 
logical and convincing, without oratorical 
display, but with a power of pointed illustra- 
tion and simplicity and clearness of state- 
ment that went straight to the understanding 
of the ordinary audience. 

Governor Fletcher wedded, June 11, 1829, 
Mary, daughter of Fleazer May of West- 
minster. Of the three children of this union 
only one, Col. Henry A. Fletcher, Lieuten- 
ant-Governor of the state in 1890, survives. 
Governor Fletcher himself died Dec. 19, 
1885, at ProctorsA'ille. 

HALL, HILAND.— Governor in iS58-'59, 
for ten years a 
congressman. 
Comptroller of 
the I' n i t e d 
States Treasury 
for about a year 
more, and per- 
haps the most 
indefatigable of 
the state's his- 
torians, certain- 
ly the most fruit- 
f u 1 in results, 
was born in Pien- 
nington July 20, 
1795, the eldest 
of seven c h i 1 - 
Nathaniel and .Abigail 
He was descended on 
both sides from good English stock, from 
ancestors who were among the first settlers 
of Middletown, Conn., going there from 
Boston in 1650. 

Hiland was brought up on a farm, receiv- 
ing only a common school education with 
one finishing term at the Granville, N. Y., 
.Academy. But he had besides the best of 
all education, in an experience of several 
terms, with all its power of development and 
discipline, as a district schoolteacher. .And 




dren of Deacon 
(Hubbard) Hall. 



94 



he was from early youth an omniverous 
reader, especially along historical and bio- 
graphical lines, absorbing the contents of 
every book he could get in the neighbor- 
hood, often by the light of coals on the 
hearth of an old-fashioned fireplace, even 
candles at that time being a luxury. He 
was a born patriot, and at the age of eigh- 
teen was interested in the formation of the 
" Sons of Liberty," a society of young men 
in Bennington to uphold the rigorous prose- 
cution of the war of 1812, and in protest 
against the pro-English sympathy that was 
then so rampant in New England. 

Studying law, he was admitted to the bar 
in 1 819, and continued its practice through 
his active life at Bennington, except when 
called away by official duties. He repre- 
sented the town in the Legislature in 1827, 
was clerk of the Supreme and county court 
for Bennington county in 1828, and was 
state's attorney in i828-'3i. On the forma- 
tion of party lines afresh, after the "era of 
good feeling" under Monroe, he espoused 
the cause of the National Republicans dur- 
ing the brief existence of that party under 
John Quincy Adams, then became a whig, 
and finally a Republican. In 1833, on the 
death of Hon. Jonathan Hunt, he was 
elected to succeed him in Congress and rep- 
resented the old south district of the Senate 
for ten years, when he declined a renomina- 
tion, and attempted to return to private life. 
His service in Congress was a laborious 
rather than a speechmaking one, his com- 
mittee places being on that of postoffice and 
post roads, and Revolutionary claims. 

His chief speeches were in May, 1834, 
joining the attack on President Jackson's 
removal of the government deposits from the 
national bank, and in May, 1836, favoring 
the distribution of the surplus among the 
states, from which Vermont received nearly 
Si 00,000 as her portion to be added to the 
school fund of the towns. Both these speech- 
es were printed and extenivesly circulated by 
the Whigs as campaign documents. In one 
of the premonitory struggles over the slavery 
question, he presented a strong minority re- 
port on "incendiary publications" in oppo- 
sition to the message of the President and 
the advice of the Postmaster-General and in 
answer to a report made in the Senate by 
Mr. Calhoun, of South Carolina. So thor- 
oughly and convincingly did it answer the 
position of the slave party that the majority 
of the committee did their best to suppress it 
by failing to make a majority report. But 
it found its way into the newspapers and was 
widely published and commented on. 

Mr. Hall did an important and permanent 
service in connection with the act of July 22, 
1836, in procuring the passage of which he 
took an active and leading part and by which 



in the reorganization of the postoffice depart- 
ment a system for which the settlement of 
accounts was established, which inaugurated 
an economical administration. 

He made a big and single-handed and tri- ■ 
umphant fight against the fraudulent claims 
which had for years been put in by \'irgin- 
ians under the name of commutation half 
pay and bounty land claims, founded on al- 
leged promises of the state of Virginia or of 
the Continental Congress to officers of the 
Re\olutionary army. It was an organized 
raid led by influential Virginians, Governors 
and congressmen, and had been pushed 
through Congress with little opposition, so 
that over $3,000,000 had been collected in 
the names of deceased officers, and the de- 
mands were fast multiplying. Mr. Hall's 
habit of thorough and exhaustive investiga- 
tion stood him in good stead in this fight. 
He went through the Re\olutionary archives 
at Washington and the public records at 
Richmond, he found authentic evidence that 
every one of these claims was unfounded, 
and he made a report as chairman of the 
committee on Revolutionary claims to this 
effect. The whole Virginia delegation, led 
by ex-( Governor Gilmer, who was getting i 
per cent on all he could collect of these 
claims, aided by their sectional sympathizers 
in the South and political in the North, at- 
tacked him bitterly and attempted a re- 
opening of the case by means of a select 
committee. Hall in response gave a list of 
sixteen of the last claims that had been paid, 
and on which over S2oo,ooo had been drawn, 
challenged the Virginians to show that a 
single one was well or honestly founded and 
offered to withdraw his opposition if they 
could. The fight lasted through several days. 
Mr. Hall sustained every position he had 
taken in the debate, and so thoroughly dis- 
comfited his assailants as to win the plaudits 
of ex-President Adams and of the whole 
country. The result was a select committee 
and a report from it prepared by Mr. Hall 
which definitely suppressed the rascality. 

He was president of the large "Whig" 
convention held in Burlington in 1S40, and 
made the opening speech, and introduced to 
and presented Hon. Daniel Webster at the 
famous " Stratton \\'hig convention," held on 
the top of the Green Mountain on the i6th 
of August of the same year. 

He was bank commissioner of \'ermont 
for four years, from 1843, judge of the Su- 
preme Court for a like period until 1850, 
when he was appointed second controller of 
the United States Treasury. He had an 
opportunity while in the latter position to do 
the country a permanent serxice, and to lay 
down lines which have since been followed 
in departmental practice. He took the 
ground that he should, if satisfied of the 



95 



illegality of an expenditure, reject it, no 
matter who ordered it, even if the head of a 
department, or if sanctioned V)y the Presi- 
dent himself. He held this ground against 
the published opinion of three former attor- 
ney generals. He showed conclusively that 
judicial authority had been designedly con- 
ferred on the accounting officers as a check 
upon la\ish expenditures in the sexeral de- 
partments, and a second edition of his pub- 
lished opinion, which has since been followed 
in the department, has recently been printed 
for government use. 

In 1 85 1 he was appointed by President 
Fillmore, with Gen. James Wilson of New 
Hampshire, and Judge H. I. Thornton of 
.\labama, a land commissioner for Cali- 
fornia, resigned his position as controller, 
recommending for his successor, Edward |. 
Phelps of Burlington. He was chairman of 
the commission and wrote the opinion in 
the famous Mariposa claim of (len. J. ('. 
Freemont, which included almost without 
exception, all the points that would be liable 
to arise in the adjusting of land claims 
under the treaty with Mexico. After the 
election of President Pierce, he remained 
for a time in San Francisco with the law 
firm of Halleck, Peachy, Billings & Park as 
general adviser, and to assist in the prepara- 
tion of important papers. 

He returned to Vermont in the spring of 
1854, and resumed the practice of his pro- 
fession at Bennington, was a delegate to the 
first Republican national convention at Phila- 
delphia in 1856, and in 185 8 was elected 
Governor by a majority of 16,322 over 
Henry Keyes, Democrat, and re-elected in 
1 85 9 by a still larger majority, 16,717, over 
John G. Saxe, Democrat. He spoke severely 
in his message of the attempt, by a decision 
of the Supreme Court, to legalize slavery in 
the Territories, he pronounced the decision 
in the " Dred Scott " case as " extra judicial, 
and as contrary to the plain language of the 
constitution, to the facts of history and to 
the distastes of common humanity." He, 
however, acted as chairman of the delega- 
tion from Vermont to the fruitless " Peace 
Congress," at Washington in February, 1861, 
on the eve of the rebellion. 

Mr. Hall always took a deep interest in 
the history connected with the territory and 
state of N'ermont. He delivered the first 
annual address that was made before the 
\"ermont Historical Society : and for six years, 
from 1859, was its president and was after- 
wards active in the preparation of the mate- 
rials for a number of the \olumes of its col- 
lections, and otherwise promoting its success. 
He read se\eral papers at the meetings of 
the society, some of which were published ; 
among them, one in 1869, in vindication of 
Ethan .\llen as the hero of Ticonderoga, in 



refutation of an attempt made in the " ( lalaxy 
.Magazine " to rob him of that honor. He 
contributed papers to the " New ^■ork His- 
torical .Magazine," to the " N'ermont Histori- 
cal Gazetteer," to the " Philadelj)hia Histori- 
cal Record," and also to the " New England 
Historic Genealogical Register." In i860, 
he read before the .New York Historical 
Society a paper showing why the early inhabi- 
tants of \"ermont disclaimed the jurisdiction 
of New York, and established a separate 
government. 

In 186S, his " Karly History of Vermont," 
a work of over five hundred pages, was pub- 
lished, in which is unanswerably shown the 
necessity of the separation of the inhabitants 
from the government of .\ew York ; their 
justification in the struggle they maintained 
in the establishment of their state independ- 
ence, and their valuable services in the cause 
of .American liberty during the Revolutionary 
war. In it the loyalty of all the important 
acts of the leaders is so firmly established by 
documentary evidence, that he was confi- 
dent no aspersion could be maintained 
reflecting upon the patriotism of any of 
the early heroes. Naturally he has also 
taken a leading part in the rearing of the 
Bennington battle monument. 

The honorary degree of LL. D. was con- 
ferred upon him by the University of Ver- 
mont in 1859. He was a life member and 
vice-president for Vermont of the New Eng- 
land Historic Genealogical Society, a mem- 
ber of the Long Island Historical Society, an 
honorary member of the Buffalo and corres- 
ponding member of the New York Histori- 
cal Societies. 

Mr. Hall was possessed of the qualities 
which go to make up a statesman ; a strong 
mind stored with good common sense, a re- 
tenti\e memory, and a practical mode of 
thinking. His flow of language as an ex- 
temporaneous speaker was deficient, but at 
the desk he excelled, as formulated thoughts 
and moulded ideas flowed as freely as could 
be readily written, and in whatever position 
he was placed he was found equal to any 
exigency which arose, as his fund of informa- 
tion extended to all branches of national, 
constitutional or international research. 

He married in 1818, Dolly Tuttle Davis, 
daughter of Henry Davis of Rockingham. 
She died Jan. 8, 1879. Henry Davis was at 
the battle of Bunker Hill under Colonel 
Stark at the line of rail fence, and also served 
at West Point at the time of .Arnold's trea- 
sonable attempt to surrender it to the enemy, 
being in the Revolutionary service over 
three years. .\t a family reunion in .North 
Bennington, July 20, 1S85, in honor of Mr. 
Hall, at the residence of his granddaughter, 
on which day he was ninety years of age, there 
were present fifty-one of his descendants. 



96 



DILLINGH.\iI. 



there being five others who were detained 
from this interesting gathering. 

Governor Hall died in Sjiringfield, Mass., 
at the house of his son, with whom he was 
spending the winter, Dec. i8, 18S5. 

SMITH, John Gregory.— The third of 

the war Ciovernors of the state, the organizer 
and the head for years of the great Central 
Vermont railroad system, and one of the pro- 
jectors of the Northern Pacific, was for 
nearly thirty years the most potent person- 
ality in Vermont affairs. He was born at St. 
Albans, July 22, 1S18, and was the son of 
John Smith, a pioneer railroad builder in 
Vermont, and a leading lawyer and public 
man of his generation, representing St. Al- 
bans nine successi\e years in the Legislature 
and serving one term in Congress. The 
family came from Barre, Mass. John Greg- 
ory graduated from the University of Ver- 
mont in 1 84 1, and subsequently from the 
Yale law school. He at once associated with 
his father in the practice of law and inci- 
dentally in railroad management. 

At the death of his father in 1858 John 
Gregory succeeded to the position of trustee 
under the lease of the ^'ermont & Canada 
R. R. Simultaneously he entered politics, 
and for many years the career in each line 
was involved with the other. The roads ran 
down so that in 1865 trust bonds began to 
be issued to provide for repairs, and from 
this Governor Smith advanced to a large 
policy of " development " forming by leases 
and purchases a great " through system of 
roads, all under the authority " of the court 
of chancery, and as an extension of the 
policy of repairs. The emissions of "trust" 
bonds continued till 1872, when 54,356,600 
were out. When the financial panic struck 
the country, these structures tumbled, the 
rent payment to the Vermont & Canada 
was defaulted, notes went to protest, a legis- 
lative investigation was held, and a long and 
complicated litigation ensued. Governor 
Smith and his management, generally speak- 
ing, came out of the courts successful, but 
before the end was reached a compromise 
was effected by which new securities were 
issued to the different interests and the 
" Consolidated Railway of Vermont " formed, 
still under Smith's management. He was 
one of the originators of the Northern Pacific 
railroad enterprise and was the president of 
the cor])oration from 1S66 to 1872, when he 
retired amid the troubles that were thicken- 
ing about both companies. Under his lead 
five hundred and fifty-five miles of the road 
were built. 

He entered the Legislature as St. Albans' 
representative in i860, and in '61 and '62 
was speaker of the House, winning such 
popularity that he was unanimously nom- 



inated for Governor in 1863 and re-elected 
in '64. And none are there to deny the high 
quality of his ser\ice to the state and nation, 
in those days. He was the friend and con- 
fidant of Lincoln and Stanton. He was par- 
ticularly solicitous in caring for the Vermont 
boys at the front, and his many deeds of 
kindness won him many enthusiastic and 
life-long admirers. He was chairman of 
the state delegation to the national Re- 
publican conventions in 1872, 1880, and 
1884. After his retirement from the Gover- 
nor's chair he held no public office, though 
for about twenty years he was the master of 
Vermont politics. 

He was frequently afterward talked of for 
a seat in the United States Senate, particu- 
larly in 1886, when quite a breezy little fight 
was made for him, and again in 1891 after 
Edmunds' resignation. But in both cases 
he withdrew his name. 

He was a very remarkable man — shrewd, 
far-seeing, persuasive, and yet iron-handed 
in his determination to carry his purposes. 
He had a wonderful faculty, with his wide 
knowledge of human nature and his singu- 
lar affability of manner, of winning other 
men to his support, and his marked execu- 
tive ability made successful the schemes he 
was so facile in organizing and inaugurating. 
He was prominently interested in several 
local business enterprises, and was president 
of \Velden National Bank, the People's Trust 
Co., and the Franklin County Creamery 
Association. He was a life-long member of 
the Congregational church, and a liberal 
giver for church purposes, a late contribution 
being a gift of some $7,000 for remodeling 
the church edifice. In 1888 he gave the 
village of St. Albans an elegant bronze foun- 
tain costing §5,000, which now adorns the 
public park. His palatial residence in St. 
Albans has been the scene of many gather- 
ings, at which Governor and Mrs. Smith 
have dispensed a courteous hospitalitv. He 
married in 1842, Ann Eliza, daughter of Hon. 
Lawrence Branerd, who has written several 
novels and other charming books and who 
survives him with five children : George G., 
in business at Minneapolis, Minn., Edward 

C, president of the Central Vermont R. R., 
Mrs. C. O. Steven of Boston, and Mrs. Rev. 

D. S. Mackay of St. .Albans. 

Governor Smith died at St. Albans, after a 
month's illness, Nov. 6, i8gi. 

DILLINGHAM, Paul.— Congressman, 
Governor, and a lawyer of singular power 
and eloquence, was born at Shutesbury^ 
Mass., August 10, 1799, the son of Paul 
and Hannah (Smith) Dillingham, and of a 
family that traces back to the \Vinthrop 
colony in American history, that had brave 
officers, the direct ancestors of the Gover- 



DII.I.INGHA-M. 



UILLISC;1IAM. 



97 



nor, in both the French and the Revolution- 
ary wars, and that has always been marked 
by that fervent patriotism and usually by the 
religious earnestness so characteristic of him. 
Paul's father, a farmer, moved from 
Shutesbury to Waterbury when the boy was 
only six years old. The latter was educated 
in the \\'ashington county grammar school, 
studied law at Middlebury in the office of 
Dan Carpenter, was admitted to the bar in 
March, 1823, and formed a partnership with 
his preceptor, which lasted until the latter's 
elevation to the bench. For fifty-two vears. 




until his retirement in 1875, '''^ ^^'^^ '^^ the 
constant practice of his profession, except 
for the interruptions by his public service, 
and as a jury advocate he was at the head of 
a bar that for a full generation was among 
the ablest the state ever contained, and 
ranked perhaps as the first in the state. 

As a Supreme Court lawyer he was not so 
great, though strong. A fine presence, six 
feet tall and weighing over two hundred 
pounds, with a kindly bearing, manly frank- 
ness and dignified simplicity, an eye beam- 
ing with magnetic quality, a voice " musical 
and sweet as a flute in its lower cadences, 
but in passion or excitement resounding like 
the music of a bugle," were only the exter- 
nals of his power. The real secret was a 
nature rich with human sympathy. A knowl- 
edge of men and of affairs gathered in a long 
and observant contact, was illuminated by a 
mind fertile in poetic conceptions, apt illus- 
trations and happy anecdotes, and deepened 
and strengthened by a profound study of the 



Scriptures to enforce his thought. .As H. F. 
Fifieid says in a sketch of him : " When in 
his best mood, he played upon the strings of 
men's hearts with the facility that a skilled 
musician plays upon the strings of a guitar, 
and made them respond to emotions of 
laughter, anger, sympathy or sorrow, when- 
ever he pleased and as best suited the pur- 
poses of his case." 

He was town clerk of Waterbury from 
1829 to '44; representative to the Legisla- 
ture in 1833, '34, '37, '38 and '39 ; state's 
attorney for Washington county in 1835, '36 
and '37 : a member of the Constitutional 
Conventions of 1836, '57 and '70 ; state sen- 
ator of Washington county in 1841, '42 and 
'61 ; and in 1843 was elected member of 
Congress, where he served two terms, and 
was on the committee on the judiciary. In 
1862, '63 and '64 he was Lieutenant-Gov- 
ernor, and in 1865 and '66 Governor of the 
state. 

He was one of the leaders of the state 
Democracy, in what may be called its golden 
era intellectually, though it was a hopeless 
minority ; and when a state convention met 
with Saxe, Eastman, Dillingham, Smalley, 
Kellogg, Stoughton, Thomas, Field, Chit- 
tenden, Poland, Redfield, Davenport and 
others, to flash their wit and eloquence 
across it, and with Hawthorne frequently 
coming up from Massachusetts to partake of 
the communion, there was apt to be a "feast 
of reason and flow of soul," such as no other 
political organization in the state before or 
since has witnessed. \\'hile in Congress Mr. 
Dillingham was the only Democrat on the 
delegation. He strongly favored the admis- 
sion of Texas, and the policy that led to the 
Mexican war, not that he had any sympathy 
with slavery, but because he was a believer 
in the manifest-destiny doctrine, and one of 
his speeches predicted the territorial growth 
and expanding greatness of his country in 
words that were almost prophetic. 

Mr. Dillingham's personal jwwer was a 
large factor in making that section of the 
state so strongly Democratic. Pmt the firing 
on Sumter shattered in a moment the 
political affiliations of a life-time. With a 
nature like his it was impossible for patriot- 
ism to take any other course. He would go 
to the utmost verge in concessions under 
the constitution to keep the South content 
in the L^nion and this same intense love of 
the Union would lead him to like sacrifice 
when once the blow of rebellion was struck. 
He couldn't see why any Democrat should 
fail to take that view. He wanted party 
lines obliterated entirely and the whole 
North to stand solid in support of the national 
administration. He, of course, received a 
warm welcome into the Republican ranks. 
He was a leader in the state Senate in the 



war measures of 1861, and the next year his 
services were recognized with the nomina- 
tion for Lieutenant-Governor, and after 
three years' service in this position with that 
for chief executive in '65 and '66. The can- 
didate against him both years was his old 
political friend, Charles N. Davenport. 
Governor Dillingham's majority in '65 was 
16,714 and in '66 22,822. The great mon- 
ument of his administration is the establish- 
ment of the reform school, which he recom- 
mended in his first message. He was a 
member of the Constitutional Convention 
of 1870 and with this his public service 
closed. He retired from law practice in 
1875 and lived for fifteen years more, in se- 
rene and well earned leisure, dying at 
Waterbury July 26, 1891. 

He was for many years an influential lay- 
man of the Methodist church, and was the 
first lay delegate from the Vermont confer- 
ence to the quadrennial general conference 
in Brooklyn, N. V., in May, 1872, where he 
took a high position. 

(lovernor Dillingham was twice married, 
first to Sarah P., eldest daughter of his friend, 
preceptor, and partner, Dan Carpenter. She 
died Sept. 20, 1831, and Sept. 5, 1832, he 
married her younger sister, Julia. Seven 
children, three daughters and four sons, lived 
to reach maturity. One daughter, who died 
in 1875, married J. F. Lamson of Boston, 
and another the great senator, Matthew H. 
Carpenter of \\'isconsin, while the other is 
unmarried. 'JVo of the sons entered the 
army : Col. Charles, president of the Hous- 
ton & Texas Central R. R., and Major Edwin, 
who was killed at Winchester. Frank is a 
citizen of San Francisco, Cal., while William 
P., Governor of the state in '88 and '90, is 
still practicing law at Waterburv and Mont- 
pelier. 

PAGE, John B. — Governor, state treas- 
urer, and for a generation prominent in 
Vermont railroading, was born in Rutland, 
Feb. 25, 1826, the son of William and Cyn- 
thia (Hickok) Page. Educated in the pub- 
lic schools, and at Burr and Burton Semi- 
nary at Manchester, he was called at the age 
of sixteen to assist his father, then cashier 
of the old bank at Rutland, to which office 
the son of John B. succeeded later, and so 
became a banker, and was many years presi- 
dent of the National Bank of Rutland, the 
reorganized form of the old state bank. He 
became interested in the Rutland & Bur- 
lington R. R., by being appointed one of 
the trustees of the second mortgage bond- 
holders, and upon the reorganization of the 
property as the Rutland Railroad Co., was 
made president. He was for a time co- 
trustee with Hon. T. U'. I'ark of the Ben- 
nington & Rutland R. R., and later was 



associated with Hon. J. Gregory Smith as 
vice-president of the Central Vermont. He 
was a director of the Chamjilain Transporta- 
tion Co., and various other railroad enter- 
prises, and also in the Caughnawauga Ship 
Canal project for connecting Lake Cham- 
plain and the St. I,awrence, etc. 

He was instrumental in the transfer of 
the shops of the Howe Scale Co., from 




Brandon to Rutland, of which company he 
was the treasurer. He was in 1852 elected 
a representative to the General .Assembly of 
Vermont at the age of twenty-six, and re- 
elected for the sessions of 1853 and 1854. 
In 1860 he was elected state treasurer and re- 
ceived successive re-elections annually till 
1 866, and was during this time allotment com- 
missioner by appointment of President 
Lincoln. He originated the plan for the 
payment of the extra state pay voted by 
Vermont to her soldiers, $7 per month, and 
disbursed during his term as treasurer a 
total of §4,635,150.80 for military expenses. 

In 1867 he was elected Governor and re- 
elected in 1868, serving with judgment and 
ability through the critical period after the 
war. 

He was again elected representative from 
Rutland in 1880 and took the place for the 
purpose of furthering some important meas- 
ures that he had become interested in. 
Chief among these was a comprehensive 
scheme of tax reform, which is the founda- 
tion of our present corporation law, and with 
which he wished also to include a plan for 
the taxation of personal property like that 



WASIlliURN. 



WASIIHIKN. 



99 



of Connecticut. He made a strong fight for 
these ideas with the influential vested in- 
terests of the state mustered against him, 
and he lived to see them afterwards incor- 
porated into its laws. 

He was a member of the Congregational 
church, for many years a deacon and super- 
intendent of the Sunday school, a corporate 
member of the American Board of Com- 
missioners for Foreign Missions and was in- 
strumental in having the meeting of that 
society, the only one ever convened in the 
state, held at Rutland in 1874. During this 
meeting he led in the movement which 
resulted m the establishment of a Christian 
College in Japan which the late Jose])h 
Neesima projected. His strong personality 
was illustrated by his advocacy and accom- 
plishment, at a meeting of this society at 
Providence, of an effort to pay off a debt of 
over $70,000. 

He was one of the most public-spirited of 
men and had always in mind the welfare of 
his town and state. In his young manhood 
he was foreman of the Nickwackett Fngine 
Co., one of the oldest organizations of fire- 
men in the state. He pushed the erection 
of the commodious Congregational church 
in i860, building for future generations, and 
largely aided in the construction of the 
chapel addition, the two united forming, 
perhaps, the most complete church property 
in the state. He died Oct. 24, 1885, and is 
buried near Rutland in Evergreen cemetery, 
a "city "which he helped to purchase and 
adorn. 

WASHBURN, PETER T.— Governor, ad- 
jutant and inspector-general during the war, 
and one of that brilliant group of lawyers 
that made Woodstock famous through so 
many years, was born at Lynn, Mass., Sept. 
7, 1 8 14, the eldest son of Reuben and Han- 
nah B. (Thacher) Washburn. There was 
distinguished ancestry on both sides. John 
Washburn, the sixth generation back, was 
secretary of the Massachusetts Bay Co., 
while in England. Joseph Washburn, his 
grandson, married a granddaughter of Mary 
Chilton, the first female member of the Pil- 
grim band that stepped upon Plymouth 
Rock. The Thachers were for several gen- 
erations dstinguished preachers in Massa- 
chusetts. 

In 18 1 7 the father of Peter T. Wash- 
burn moved to Vermont, first setding at 
Chester, then at Cavendish, and finally at 
Ludlow. Voung Peter graduated at Dart- 
mouth in 1835, studied law first under the 
direction of his father, then for a time in the 
office of Senator L'pham at Montpelier, was 
admitted to the bar in 1838, and began prac- 
tice at Ludlow, moving in 1844 to Wood- 
stock where he formed a partnership with 



Charles P. Marsh which continued until the 
death of the latter in 1870. Mr. Washburn 
was in 1844 elected reporter of the decisions 
of the Supreme Court of N'ermont, holding 
the position for eight years with high credit. 
He rejiresented Woodstock in the Legisla- 
tures of 1853 and '54. But his c:hief ener- 
gies had been devoted to his professional 
work, with ever growing reputation, until the 
breaking out of the war in 1861. He had 
been chairman of the \"ermont delegation 
to the Republican national convention that 
in i860 nominated Lincoln and Hamlin. 
He was then in command of the Woodstock 
Light Infantry, a company of citizen soldiers 
who at once proffered their services to their 
country, and on the ist of May marched to 
Rutland where it was incorporated with the 
First Vermont Regiment. Washburn was 
commissioned lieutenant-colonel, but acted 
as colonel during its entire period of service. 

In October, 1861, he was elected adjutant 
and inspector-general of \"ermont and until 
the war closed devoted himself to its arduous 
duties, foreseeing their importance to the 
future, bringing order and system out of 
chaos and making it the model adjutant's 
office of the country. He was often likened 
by his admirers to Stanton for the energy, 
force and intellectual grasp with which he 
performed the duties of his office. 

He was in 1869 elected Co\ernor by a 
majority of 22,822 over Homer W. Heaton, 
the Democratic candidate, arid died in 
office February 7, 1870. He had simply 
worn himself into the grave by overwork in 
the e.\cess of his faithfulness to duty. No 
trace of disease, organic or functional, could 
be found by the physicians after his death. 
The decision was that there had been a 
complete breaking down of the nervous sys- 
tem. He was at the time preparing a digest 
of all of the decisions of the Supreme Court 
from the beginning, and had worked his 
wav through thirty-eight of the forty-one 
volumes of the Vermont reports when his 
labors were interrupted. 

The able, painstaking and widely varied 
service he had done the state were ap- 
preciated at his taking off, and have been 
more so since. "He was our Carnot, in or- 
ganizing and administrati\e talents, our 
Louvois in energy and e.xecutive force," said 
the Rutland Herald, in speaking of his ser- 
vice as war adjutant Thorough, studious, 
accurate, absolutely incorruptible, inflexibly 
just, judicious and kindly, he was a man the 
people could not fail to admire. 

Ciovernor Washburn was twice married, 
first to .\lmira E. Ferris of Swanton, and 
second to .\lmira P. Hopkins of ( Hens Falls, 
N. v. Two children by the first wife died 
young, but two daughters and a son by the 
second marriage survived his decease, as 
did the widow. 



CONVERSE, Julius.— Governor and 
another Woodstock lawyer, was born at 
Stafford, Conn., Dec. 17, 1798, the fourth 
son of Joseph and Mary (Johnson) Con- 
verse. The family was of French origin, the 
primary orthography being De Coigners, but 
emigrated to England centuries ago, and the 
American ancestor, l)ea. Edward Converse, 
came with Winthrop's colony in 1630. The 
Governor's grandfather and great-grand- 
father, Lieutenant Josiah and Major James 
Converse, were renowned in the Indian wars 
of Massachusetts. 

Joseph Converse, father of the subject of 
this sketch and a farmer, came to Vermont 
and settled at Randolph in 1801. Julius 
was educated in the common schools and at 
Randolph Academy, studied law in the 
office of William Nutting at Randolph, was 
admitted to the Orange county bar in 1826, 
and settled first at Bethel, whence he re 
moved in 1840 to Woodstock. At Bethel 
he was for several years in partnership with 
A. P. Hunton, afterwards speaker of the 
lower house of the Legislature in i8oo-'62. 
At Woodstock he formed a connection with 
Andrew Tracy and later with James Barrett, 
the firms of Tracy &: Converse, Tracy, Con- 
verse & Barrett, and after Mr. Tracy's elec- 
tion to Congress, Tracy & Barrett, being 
among the strongest in the state. After Mr. 
Barrett's elevation to the Supreme Court 
Mr. Converse formed a partnership with W. 
C. French which continued until 1S65, and 
after that Mr. Converse's practice was alone 
and within comparatively narrow limits. As 
a lawyer he was particularly strong in the 
careful preparation of his cases and as a 
cross-examiner of witnesses. He also ex- 
celled in chancery practice. 

He several times represented Bethel in the 
Legislature and was a member from Wind- 
sor county of the first Senate in 1836, and 
three times re-elected to that body. He also 
represented Woodstock several times, and 
was state's attorney for Windsor county from 
1844 to '47. In 1850 and '51 he was elected 
Lieutenant-Governor on the ticket with 
Crov. Charles K. Williams. For the next 
twenty years he was out of public life until 
in 1872, when nearly seventy-four years old, 
he was suddenly and unexpectedly nomi- 
nated for Governor, being taken up to defeat 
Frederick Billings, a purpose that was ac- 
complished by a narrow majority of one after 
a hard fight in the Republican state conven- 
tion. Mr. Con\-erse was traveling outside of 
the state at the time, and the first he knew 
of his candidacy was when he read about the 
nomination in the morning papers. He was 
elected by a majority of 25,319 over A. B. 
Gardner, ex-Lieutenant Governor, who had 
joined the Liberal Republican movement of 
that year, and whom the Greeleyites and 




Democrats had nominated in high hopes of 
cutting the Republican majority down to 
10,000. His administration was without 
notable incident. 

(Governor Converse was twice married, 
first in 1827 to Melissa, daughter of Henry 
Arnold of Randolph, who died two months 
after his inauguration as Governor, Dec. 14, 
1872. June 12, 1873, he wedded Jane E., 
daughter of Joseph Martin, and a daughter 
was the issue of this second union. 

Governor Converse died, .August 16, 1885, 
at Dixville Notch, N. H. 

PECK, ASAHEL.— Judge of the Su- 
pre me Court 
and Gover nor, 
was born at Roy- 
alsto n, M a s s., 
September, 1 803, 
the son of Squire 
j^ ■^ and F'.liza b e t h 

t| ^. (Goddard) Peck 

of Puritan ances- 
try on both sides. 
The family rec- 
ord can be 
traced back from 
Joseph Peck, the 
first Americ a n 
anc estor, for 
twenty-one gen- 
erations to John Peck, Esq., of Belton, 
Yorkshire, England, probably farther than 
that of any other Vermont family. His 
father came to Vermont and settled at Mont- 
pelier when Asahel was only three years old. 
Asahel's youth was passed on the farm, 
where he developed the sturdy vigor, men- 
tal, moral and physical, that was so marked 
throughout his career. He was educated in 
the common schools and fitted at the Wash- 
ington county grammar school to enter the 
sophomore class of the L^niversity of Ver- 
mont in 1824 ; but he did not graduate, 
leaving in his senior year at the invitation of 
the president of a French college in Canada, 
for a course of study in the French language 
in the family of the latter. He studied law 
in the office of his oldest brother, Nathan 
Peck, at Hinesburgh, and one of the leading 
lawyers of that section, and afterward for a 
year or two in the office of Bailey &: Marsh 
at Burlington. He was admitted to the bar 
in March, 1832, practiced alone for a while 
and afterward in partnership with Archibald 
Hyde and later with D. A. Smalley. 

He was a man of solid rather than brilliant 
parts, but he made his way steadily. E. P. 
Walton says that it was "characteristic of him 
that he was slow in everything, but in the 
end he was almost always sure to be right 
and that he regarded as the only point worth 
gaining. He was a thorough and patient 



FAIRl'.ANKS. 



student. * * Possessing a tenacious mem- 
ory, he held firmly all that he had secured in 
years of study, and could instantly bring his 
great store of learning to bear upon any legal 
question presented to him." (Jne critic has 
said that no man in New England since Judge 
Story has equalled him in knowledge of the 
common law of England and the law of 
equity. He and Rufus Choate were once 
pitted against each other in a case, and that 
wonderful genius of the profession professed 
astonishment to find such a lawyer in Ver- 
mont, and besought him to move to Boston, 
where he would surely win both fame and 
fortune. But there were higher things in life 
for Peck and he persisted in staying in \'er- 
mont, whose practice he beheved was the 
best in the Union to develop a lawyer of 
really great attainments. 

He was judge of the circuit court from 
185 I till it ceased in 1857. In i860 he was 
elected a judge of the Supreme Court under 
the present .system and heki the position con- 
tinuously, though desiring toward the end to 
retire, until his election as (jo\ernor in 1874. 
He was nominated then in response to a 
strong demand from the people and against 
the calculations of the old line of managing 
politicians. He did not, however, make 
such radical recommendations on the ques- 
tions of the day, especially with regard to the 
regulation of railroads, as some of his sup- 
porters had expected. But generally speak- 
ing, his administration was able, sound and 
deeper in its impress on the opinion of the 
people than that of almost any (lovernor of 
recent years. He strongly urged in his mes- 
sage the establishment of the house of cor- 
rection to supply a serious lack "in the 
means of the suppression of crime and the 
punishment and reform of criminals," and 
he may justly be called the father of that in- 
stitution. 

On his retirement from the gubernatorial 
chair Judge Peck retired to his farm in Jer- 
icho, where he lived in the enjoyment of 
rural life, of which he was passionately fond, 
until his death May 18, 1879. 

In politics Judge Peck was by nature and 
early affiliations a Democrat. But the ag- 
gressions of the slaveocracy early disgusted 
him, and he became a Free Soiler in 1848, 
being a member of the famous Buffalo con- 
vention that nominated Van Buren and 
.^dams ; and after the formation of the Free 
Democracy or Liberty party he identified 
himself with it, was its candidate for Con- 
gress in the Burlington district, and naturally 
was one of the pioneers in the formation of 
the Republican party. His patriotism was 
of the uncompromising kind, and during the 
war he had little patience with the assailants 
of the administration. A western lawyer of 
■copperheadish proclivities who had been a 



student in his office in former years, and 
knew his reverence for law and all legal 
safeguards of the individual, met him one 
day in Burlington, and speaking of the Val- 
landingham or some similiar case, asked, 
"How long are such outrages to be endured?" 
"What outrages?" demanded the Judge. 
"The arrest and imprisonment of .'Vmerican 
citizens without process of law." The Judge 
replied, "I don't know what this case is, but 
I do know one thing, that a good many more 
men are out of jail who ought to be in, than 
in who ought to be out." The reply was 
evidently aimed at the coUoquist individ- 
ually and he subsided. Judge Peck was too 
great a lawyer, too large-minded a man to 
allow the forms of law to outweigh the es- 
sentials of right and justice. 

Personally he was a most lovable man, 
tender and chivalric almost to the point of 
fault, as it sometimes seemed, when as a 
judge he was accused of "riding" cases in 
favor of the weaker party, especially if a 
woman — modest, kindly, and unostentatious 
— with a side of poetic beauty to his rugged 
nature, with its positive integrity. He was 
profoundly religious, and Gov. W. P. Dill- 
ingham, who was his secretary of civil and 
military affairs, says that he was one of the 
best biblical students he ever met, that he 
would sit up until nearly midnight talking of 
religious matters, of the lofty purity of Isaiah 
and of the mission of Christ, whose divinity, 
in his opinion, was better attested by His 
character and by the fact that through Him 
the (iospel is preached to the poor, than by 
His miracles. 

Governor Peck was never married. 

FAIRBANKS, HORACE. — Governor and 
son of a Governor, was born at Barnet, 
March 21, 1820, coming with the family to 
St. Johnsbury five years later. The general 
facts about the family are given in the 
sketch of Gov. Erastus Fairbanks on page 
89. Horace was the second son of Erastus 
and Lois (Grossman) Fairbanks, was edu- 
cated in the common schools and at the ac- 
ademies in Peacham and Lyndon, Meriden, 
.\. H., and Andover, Mass. .-^t the age of 
eighteen he took a clerkship in the firm of 
E. & T. Fairbanks & Co., became active 
]3artner in 1843, and finally the financial 
manager of its e.xtensive business, whose 
annual product he saw grow from §50,000 to 
53,000,000, and force of workmen from forty 
to six hundred. He was from the beginning 
identified with the construction of the Port- 
land & Odgensburg R. R., almost the father 
of the idea, the piloter of the charter through 
the New Hampshire Legislature, and the 
backer of the enterprise with the utmost of 
his means and credit. The I'"airbanks 
characteristic of benefaction towards St. 




HORACE FAIRBANKS. 



FAIRHANKS. 



FAIR HANKS. 



I "3 



lohnsbury and of desire to devote a share of 
their prosperity to public good, was very 
strong with Horace Fairbanks and took 
shape to correspond with the great success 
which his adminstration of the business 
achieved. The result is the great free pub- 
lic library and art gallery under the name of 
the St. Johnsbury .Athenffium, for which the 
foundation was laid in 1868 and which was 
finished and dedicated in 187 1. The library 
now contains some 15,000 volumes and in 
the gallery is a splendid collection of paint- 
ings including liierstadt's masterpiece the 
" Domes of the Voseniite." The cost of this 
donation was never made public by Gover- 
nor Fairbanks, but the spirit in which he 
gave it and the keynote of his whole life, 
were well expressed in the words of the dedi- 
cation in which he said : " It gives me pro- 
found satisfaction and sincere pleasure to 
present to you and your children and to all 
who may come after you, the free use of this 
building and its contents. My highest 
ambition will be satisfied and my fullest ex- 
pectations realized, if now and in the com- 
ing years the people make the rooms of the 
Athenffium a favorite place of resort for 
patient research, reading and study." 

Governor Fairbanks' active life was spent 
as a business man rather than a politician, 
and in moral, educational and religious work 
rather than office-holding. He was a dele- 
gate to the Republican national conventions 
of 1864 and 1872, and was a presidential 
elector in 1868. The only other political 
position to which he was chosen, before the 
governorship, was that of state senator from 
Caledonia county, to which he was elected 
in 1869, but was unable by reason of illness 
to take his seat. His nomination for (Gov- 
ernor was a compromise after a bitter pre- 
convention fight in the party over the candi- 
dacy of Deacon Jacob Estey of Brattleboro. 

A number of names were placed in the 
field, arraying different elements against 
Estey, and finally that of Fairbanks was 



brought forwarti and he was nominated on 
the third ballot, though he had before de- 
clined o\ertures. He was out of the state 
at the time. The result at the polls was his 
election by a vote of 44,723 to 20,988 for 
W. H. H. Bingham, the Democratic can- 
didate. 

The chief criticism of his administration 
was that concerning his use of the pardoning 
power. His humanitarianism and his kind- 
ness of heart made it difficult for him to re- 
sist appeals that appeared to have any basis 
of merit to them. It was during this term 
that the celebrated case of John P. Phair 
came up, and the Governor granted the con- 
demned man a reprieve on the very day 
fixed for his execution, on a telegram from 
Boston that seemed to indicate his inno- 
cence. Phair finally went to the gallows 
after the Supreme Court had passed on his 
case, but Governor Fairbanks' conduct, 
though bitterly assailed at the time, was 
amply justified by the circumstances. His 
inaugural message was to quite an extent 
devoted to the different systems of prison 
discipline, the condition of our county jails 
especially receiving his critical notice, and 
he earnestly urged more attention to the 
work of reforming criminals, and a revision 
of our whole prison system with this in view. 
His recommendations bore fruit of good 
in this line, and his administration for what 
it did and what it proposed, deserved and 
commanded the respect of thoughtful peo- 
ple. He was held in high esteem abroad, 
being a member of the Century Club at New 
York, and the St. Botolph, Boston. 

Governor Fairbanks was married, .'\ugust 
9, 1849, to Mary E., daughter of James and 
Persis (Hemphill) Taylor of Derry, N. H. 
Of their three children, Helen Taylor, the 
oldest daughter, died in March, 1864 ; Agnes, 
the wife of Ashton R. Willard of Boston, is 
now living ; and Isabel, wife of Albert L. 
Farwell, died July 2, 1891. Governor Fair- 
banks died in New York, March 17, 1888. 



SENATORS IN CONGRESS. 

The following is a complete list of the Senators in Congress for \'ermont. Biographical 
sketches of the entire list are gi\en on the following pages, with the exceiitions noted. 



FIRST CLASS. 




Solomon Foot, 


1851-66 


*Moses Robinson, 


1791-96 1 


JGeorge F. Edmunds, 


1866-91 


flsaac Tichenor, 








Nathaniel Chipman, 


1797-1803 i 






tisrael Smitli, 


1803-07 ' 


Stephen R. Bradley, 


1791-95 


*Jonatlian Robinson, 


1807-15 


Elijah Paine, 


1795-1801 


tisaac Tichenor, 


181S-21 


Stephen R. Bradley, 


i8oi-iii 


Horatio Seymour, 


1821-33 


Dudley Chase, 


1813-17 


Benjamin Swift, 


1833-39 


James Fisk, 


i8i7-t8 


Samuel S. Phelps, 


1839-51 


tWilliam A. Palmer, 


181S-25 



Dudley Chase, 
Samuel Prentiss, 

tSamuel C. Crafts. 
William Upham, 
Samuel S. Phelps, 
Lawrence Brainerd, 
Jacob Collamer, 
Luke P. Poland, 

t Justin S. Morrill. 



defined in the : 



cle in the Constituti 



aphical sketch will be found in Part 11. 



BRADLEY, STEPHEN R., and Moses 
Robinson were the first senators after the 
admission of the state into the Union. Mr. 
Bradley was five times elected the president 
pro tern of the Senate, the third highest of- 
fice in the government, was the friend and 
close adviser of Jefferson and iMadison, and 
all through that era up to the war of 1812 
was regarded as the ablest and most potent 
Democrat in New England. He was on 
terms of intimacy also with Ethan Allen, and 
filled a brilliant career during the state's 
e.xistence as an independent republic, being 
one of the brainiest of her statesmen, and 
acquiring great wealth in the land operations 
in which most of the fathers were engaged. 

Stephen R. Bradley was born at Walling- 
ford (now Cheshire), Conn., Eeb. 20, 1754, 
the son of Moses and Mary (Row) Bradley 
and grandson of Stephen Bradley, one of a 
family of six brothers who came to this 
country in 1637, after service in Cromwell's 
Ironsides, in which one of them was an offi- 
cer. Young Eiradley graduated from Yale in 
1775, having while a student there prepared 
an almanac for that year, of which an edi- 
tion of two thousand copies was published 
by Ebenezer AVatson in November, 1774, and 
having in his course shown frequent promise 
of the unusual abilities he afterward devel- 
oped. Soon after graduation he entered the 
Revolutionary service, being captain of a 
company of " Cheshire \'olunteers," as early 
as January and February, i 776, being in the 
fighting about New York, and afterward 
serving as quartermaster and as aid on the 
staff of General Wooster, until that patriot 
fell at Danbury in April, 1777. 

The next year Bradley was employed as 
commissary and in the summer of '79 as 



major at New Haven. About this time, 
probably in the fall or winter previous, he 
had appeared in Vermont, certainly being 
present at the May term of court in West- 
minster in '79, when he was licensed to prac- 
tice law in the new state. He had in the in- 
termissions of his military service both 
taught school and pursued his law studies 
under the direction of Thomas Reeve, after- 
ward the founder of the famous Litchfield 
Law School. He had, before 1780, located 
definitely in A'ermont, for he was in June of 
that year appointed state's attorney for Cum- 
berland county, and still earlier, Dec. 10, 
1779, had prepared, at the request of the 
Go\-ernor and council, a statement of Ver- 
mont's case against the claims of New York, 
New Hampshire, and Massachusetts, en- 
titled "\'ermont's .Appeal to a Candid and 
Impartial World." It was a pamphlet of re- 
markable power, considering that, coming to 
the state a stranger to the controversy, he 
had had actually less than two months to 
studv it up. He reviewed trenchantly the 
claims of each of the states, laid bare with 
great skill the inconsistencies and weak 
points of all, and concluded with the declara- 
tion that "Vermont has a natural right of in- 
dependence ; honor, justice and humanity 
forbid us tamely to surrender that freedom 
which our innocent posterity have a right to 
demand and receive from their ancestors. 
Full well mav thev hereafter rise up in judg- 
ment against us, if, like ])rofane Esau, we 
mortgage away their birthright, and leave 
them at the expense of their lives to obtain 
freedom. We have now existed as a free 
and independent state almost four years ; 
have fought Britains, Canadians, Hessians, 
Tories and all, and have waded in blood to 



I05 




^^fi/t^^ ^ Qs >^<S4 



maintain and support our independence. 
^^'e beg lea\e to appeal to your own mem- 
ories with what resolution we have fought by 
your sides, and what wounds we have re- 
ceived fighting in the grand American cause, 
and let your own recollection tell what Ver- 
mont has done and suffered in the cause of 
civil liberty and the rights of mankind, and 
must we now tamely gi\e up all worth fight- 
ing for? No, sirs ; while we wear the names 
of Americans we never will surrender those 
glorious pri\"ileges for which so many have 
fought, bled, and died ; we appeal to your 
own feelings, as men of like sufferings, 
whether you would submit your freedom 
and independence to the arbitrament of any 
court or referees under heaven? If you 
would, after wasting so much blood and 
treasure, you are unworthy the name of 
Americans : if you would not, condemn not 
others in what you allow yourselves." 

He and Jonas Fay and Moses Robinson 
were appointed agents to Congress to 
urge the recognition of the independence of 



the state. They arri\ed there February i, 
1780, presented the appeal and declared 
their readiness to unite in placing Ver- 
mont on a footing with other states, but had 
no authority to close with the resolutions of 
Sept. 24. They said, if given time, they 
thought they could show that Great Britain 
had made a distinct government of Vermont, 
appointed (iovernor Skeene to preside over 
it, and hence Vermont had equal right with 
any of the other states to assume an inde- 
pendent goverment. 

The fruitlessness of this mission has been 
explained in previous sketches, but the abil- 
ity and resourcefulness with which Bradley 
sustained the argument added greatly to 
his re])utation, and though only twenty-six 
years old, he at once took a position at the 
forefront among the Vermont leaders. B. H. 
Hall says : " .\n examination of his papers 
affords conclusive evidence that at this pe- 
riod, and for many years after, he was, in many 
respects, the ablest man in the state." In 
September he again went to Congress in 



io6 



company with Ira Allen, as an agent for the 
state to meet and defeat Luke Knowlton, 
the representative of the Cumberland Coun 
ty \'orkers, and Peter Olcott who was there in 
advocacy of the scheme to form still another 
state by slicing off strips on each side of 
Connecticut. How safety was brought out 
of this complication and an agreement of all 
the factions reached, is told in the sketch of 
Ira Allen. Bradley was that year and again 
in 1 781, '84, '85, '88, '90 Westminster's repre- 
sentative and in i 785 speaker of the House, 
of which he had been clerk in 1779. He 
was selectman of Westminster in 17S2, and 
town clerk in i787-'88. He continued to 
be state's attorney till 1775, and was for sev- 
eral years a general prosecuting officer for 
the state. He was register of probate from 
December, 1781, to March, '91, when he en- 
tered the United States Senate. In 1783 he 
was judge of the county court and from 
October, 1788, to October,: 789, was judge of 
the Supreme Court. In addition to all this 
he was active in the military service, being 
first appointed a lieutenant and then a 
colonel in the first regiment of the Vermont 
militia, serving on the staff of Gen. Ethan 
Allen, and finally in 1791 being made 
a brigadier-general. He was repeatedly 
called out with his troops to restore order 
during the troubles in the southern part of 
the county and with his skillful management 
seldom failed of success. 

He was a member of the commission that 
settled the controversy with New York and 
of that which afterwards established the bound- 
ary. He was a powerful ad\ocate in the conven- 
tion of 1791, of the ratification of the Federal 
constitution and of the vote to join the Union, 
and next to Chipman, is entitled to the chief 
credit for the sweeping victory which the 
Union party won there. 

By lot it fell to him when elected in 1791 
to be a senator of the second class whose 
term expired in four vears, and then as politi- 
cal lines began to form and the Federalists 
were a majority, he was defeated for re-elec- 
tion in 1794, but six years later, after serving 
one term in the council, in 1798, and one in 
the General Assembly, in 1800, on Paine's 
declination to serve another term, Bradley 
was again elected, and re-elected in 1.S06, 
serving with great distinction. 

He was president of the convention of 
Republican members of Congress, and, as 
such, Jan. 19, 1808, he summoned the con- 
vention of members which met and nomina- 
ted Mr. Madison as President, and though 
there was vigorous kicking by the minority 
faction of the party when he called the caucus, 
the nomination that resulted was confirmed 
by the country. He was placed on commit- 
tees to which the most important and delicate 
questions were referred, for example— on the 



special message of Jefferson, Jan. 13, 1806, 
transmitting the claim of Hamet Caramelli, 
ex-Bashaw of 'I'riiioli, which involved the 
then late war with the ruling Bashaw, and Mr. 
Bradley made the report, including a bill for 
Hamet's relief, and a resolution of thanks to 
General William Eaton and his American 
associates, for their eminently brave and suc- 
cessful services in Hamet's behalf: on the 
confidential message of President Jefferson, 
Dec. 18, 1807, proposing an embargo; and 
on the confidential message of President 
Madison, Jan. 3, 181 1, suggesting that the 
United States take possession, for the time 
being, of East Florida, and publish a declara- 
tion that the United States could not see, 
without services inquietude, any part of a 
neighboring territory, in which they have, 
in different respects, so deep and so just a 
concern pass from the hands of Spain into 
those of any other foreign power. This was 
aimed against Great Britain, and this, in fact, 
contained the germ of the famous " Monroe 
doctrine," of 1823. 

A still more important service was that 
for the constitutional amendment of 1S03, 
requiring the \'ice- President, like the Presi- 
dent, to be elected by a majority of the 
electoral votes, of which he was the author, 
and which he reported from the appropriate 
committee. 

But Mr. Bradley partook of the New 
England feeling about the war of 1812. He 
earnestly counselled Madison against it, and 
at the close of his term in 18 13, he had 
become greatly dissatisfied with his party's 
policy and he retired finally from public 
life. ■ 

In 181S he removed from Westminster to 
the neighboring village of Walpole, N. H., 
where, after a happy and contented evening 
of life, he went to rest Dec. 9, 1S30. 

I )artmouth and Middlebury both conferred 
the degrees of LL. D. on him. Some of his 
contemporaries called him " eccentric " or 
" erratic," but all united in testimony to his 
great ability, his power as an orator, and his 
high qualities of leadership. Graham's let- 
ters from Vermont in 1 79 1 say of him : " Few- 
men have more companionable talents, a 
greater share of social cheerfulness, a more 
inexhaustible unaffected urbanity." 

S. C. Goodrich, or " Peter Parley " who 
married a daughter of Mr. Bradley, says in 
his "Recollections of a Lifetime :" "He was 
distinguished for political sagacity, a ready 
wit, boundless stores of anecdotes, a large 
acquaintance with mankind and an exten- 
sive range of historical knowledge. His 
conversation was exceedingly attractive 
being always illustrated by pertinent anec- 
dotes and apt historical references. His 
developments of the interior machinery of 
parties, during the times of Washington, Jef- 



I07 



ferson and Madison : his portraitures of the 
political leaders of these interesting eras in 
our history — all freely communicated at a 
period when he had retired from the active 
arena of politics, and now looked back upon 
them with the feelings of a philosopher — 
were in the highest degree interesting and 
instructive." 

PAINE, Elijah. — Senator at the close 
of the last century, state judge, United 
States judge for forty years, and a pioneer 
manufacturer, road maker and scientific far- 
mer, was born at Brooklyn, N. V., Jan. 2, 
1757, the son of Seth Paine, a respectable 
farmer of Brooklyn, and grandson of Seth 
Paine of Pomfret, Conn. He entered Har- 
vard in 1774, but abandoned his studies for 
a few months to fight for his country in the 
Revolutionary army, and graduated in 1781. 
Then after studying law he came to Ver- 
mont in 17S4, locating first at Windsor 
where he cultivated a farm, and then pushed 
into the wilderness and opened a settlement 
in Williamstown near the North field line, 
and soon established a large manufactory of 
fine broadcloths, which finally employed 
one hundred and seventy-five to two hun- 
dred workmen, erected the first saw and grist- 
mills in that section, and constructed, at a 
cost of Si 0,000, a turnpike road twenty 
miles through the forest from Brookfield 
to Montpelier and which he finally presen- 
ted to the state. Full of energy and enter- 
prise, with a capacity for large affairs and of 
extensive scientific attainments, he intro- 
duced progressive ideas in every direction. 
He was a pioneer in the rearing of Merino 
sheep of which he had at one time a flock 
of 1,500. He also gave much attention to 
improvement in the breeding of horses, cattle 
and swine. And in addition to all this busi- 
ness and to his professional engagements, 
his farming was done on a vast scale and it 
is said to have been no uncommon thing for 
him to have thirty or forty men at work in the 
field, and himself superintending them. But 
with all these multifarious activities he grew 
to be a very able lawyer and a great judge, 
even while he devoted some of his best 
years to politics and statesmanlike useful- 
ness and to educational projects. His re- 
markable executive ability seemed to win 
success from everything he undertook, and 
he died very wealthy for those times. 

His public serxice extended almost con- 
tinuously through sixty years. In 17S6 he 
was a member of the convention to revise 
the constitution of the state, and was its 
secretary. From 1787 to 1791 he was \\'ill- 
iamstown's representative in the (leneral 
Assembly. Then he was appointed judge of 
the superior court, and held that office until 
in 1794 he was elected I'nited States Sen- 



ator to succeed Ste])hen R. Bradley. He 
was offered a re-election for another term in 
1800, but declined it because in the late 
days of the .-Vdams administration he was 
appointed United States di.strict judge for 
the district of Vermont. The appointment 
was one of 'those of partisan grab in the last 
days of P>deralist power, which so marred 
the record of patriotic upbuilding the party 
had made, but it proved to be a most ad- 
mirable appointment, for Judge Paine's long 
career on the bench extending over a period 
of o\er forty vears, until within a few weeks 
of his death, April 28, 1S42, at the age of 
eighty-six, was one of strength and honor 
throughout, bearing with it at notable points 
the enlightenment he brought to his business 
o])erations. 

Though he came to the state after her 
formative period was well advanced, he be- 
came prominent in her affairs before the 
period of independent statehood had passed, 
and he was with Tichenor, Bradley, Chip- 
man and Ira Allen one of the commission- 
ers to settle and close the controversy be- 
tween Vermont and New York. He was on 
terms of personal friendship with Washing- 
ton and on the visit of Lafayette to .America 
was selected as the fittest man in the state, 
because of these associations, to deliver the 
address of welcome. He was interested in 
many movements for the intellectual and 
moral betterment of his time, and in close 
relations with the best minds of his day. 
He was president of the Vermont Coloniza- 
tion Society, the first president of the Phi 
Beta Kappa Society at Harvard, pronounc- 
ing its first oration, a trustee of Dartmouth 
College, a pecuniary benefactor of the Uni- 
versity of ^'ermont, elected a fellow of the 
American .Academy of Arts and Sciences and 
an honorary member of several other literary 
institutions. Both Harvard and the Univer- 
sity of Vermont conferred the degree of 
I.L. D. on him. 

All around he ranked with his great po- 
litical antagonist, Nathaniel Niles, as intel- 
lectually the most versatile man Vermont 
has contained. He was an exemplary Chris- 
tian of the orthodox faith, and a constant 
attendant at church. One secret of his 
varied attainments was his close economy of 
time. It is said that he was never seen idle 
in his waking moments. \Vhenever there 
was an intermission of labor, it was improved 
with book and pencil. His thought powers 
were brought into training so that he could 
deal thoroughly and systematically with one 
subject after another as they came before 
him — now a problem of constitutional law, 
then one about the construction of the hog- 
pen, and anon one about the machinery in 
the woolen mill — and come out superior to 
difficulty in every one. He was ])unctual to 



the uttermost in business matters. Two 
anecdotes illustrate this ; One night he 
happened to remember that he had not 
paid a note due to a townsman that day, 
and he routed out his hostler, hitched up 
and drove to the townsman's house with the 
money before the hour of midnight had 
arrived. " Vou need not have bothered," 
remarked the creditor, " to-morrow would 
have answered just as well." " Did I not 
promise to pay it to-day?" was Judge Paine's 
response in his quick, nervous style. The 
late Hon. Daniel Baldwin tells another : 
Once Judge Paine called on him for a loan 
of Si,ooo for a few days, until he could get 
a remittance from Washington for his salary, 
which he had been expecting for some time. 
Baldwin, who was a merchant, said he could 
spare it until a certain day, when he would 
have to take it to Boston to buy goods with. 
On the appointed day Judge Paine came 
hurrying to Baldwin just before time for the 
stage to leave and explained that he had 
waited for his ^^■ashington remittance until 
the day before, but not receiving it he had 
gone to Woodstock, forty miles distant, rid- 
ing all night, and making a journey of eighty 
miles to procure it and return to fulfill his 
promise. 

Judge Paine married, June 7, 1790, Sarah, 
daughter of John Porter, a lawyer of Ply- 
mouth, N. H. She was a woman of culti- 
vated mind, engaging manners and lofty 
character, and the result was a brainy fam- 
ily of children. There were four sons, three 
of whom graduated at Harvard, and one at 
Dartmouth. Martin, the eldest, was a dis- 
tinguished physician at Montreal and New 
York, one of the founders of the Medical 
Department of the University of New York, 
where he for years held a professor's chair, 
and the author of various medical works, es- 
pecially some aimed at materialistic ideas, 
which attracted much attention in both Eu- 
rope and .America. The second son, Elijah, 
was a judge of the Supreme Court of New 
York, rendering the notable decision sus- 
taining the constitutionality of the statute 
that freed slaves when brought by the owner 
into the state, and a law writer of reputa- 
tion, associated in the making of Wheaton's 
reports and the United States Circuit reports 
that bear his name. Gov. Charles Paine was 
the third son, and the fourth, George, also a 
lawyer, died in his twenty-ninth year at Mar- 
sellon, Ohio. (Jne of the judge's descend- 
ants married into the Fionaparte family in 
Baltimore. 

\\'alton describes Judge Paine as a "tall, 
well-proportioned gentleman, dressed in the 
style of President \\'ashington, of a grave 
countenance and dignified bearing, scornful 
to none but affable to all." His daughter, 
Mrs. John Paine, says he "had a command- 



ing personal appearance, a well proportioned 
frame of six feet in height,with a physiognomy 
of the Roman cast and a corresponding 
vigor of mind. Though sternly dignified he 
was as gentle as a woman and was loved 
and venerated by his children." 

CH1PM.4N, Nathaniel.— One of the 

most eminent jurists and statesmen of his 
time. United States senator for one term, a 
Federal judge and a judge of the Supreme 
Court of the state for many years. He 
was also of Salisbury, Conn., origin, being 
born there, Nov. 15, 1752, the son of Samuel 
and Hannah Chipman and one of a family of 
six sons, of whom two were physicians, and 
four lawyers, and nearly all men of eminence. 
He graduated from Yale, in 1777, served for 
a time as lieutenant in the Revolution, fought 
at Monmouth and was at\'alley Forge through 
a part of that winter of destitution and suffer- 
ing, but resigned because of poverty, and 
completed his study of the law. Admitted 
to the bar in March, 1779, he came to \'er- 
mont, setded in Tinmouth, where his father 
had preceded him, and where in addition to 
his professional duties he took the manage- 
ment of the farm and built a forge for the 
manufacture of bar iron. There was a most 
promising field for lawyers in those days and 
he and young Bradley, espousing the side of 
the new state with ardor, rapidly and almost 
simultaneously came to the front as leaders. 
Chipman, however, became a member of the 
"young party," opposing Governor Chitten- 
den and his administration and seeking to 
clear the way of the fathers for a generation 
of younger men. The " fathers "were indeed 
at that time only men of middle life and 
many of them of less, but the contingent of 
younger and ambitious men, as is almost in- 
variably the case, viewed their ascendency 
with impatience. 

But Chipman was loo candid and just- 
minded a man to carry this party feeling to 
unreasonable lengths, and several times at 
critical junctures he rendered the Governor 
and his associates important service. One 
of these was at Windsor when knowledge of 
the intrigue with Canada was exploded be- 
fore the Legislature and he helped the Gover- 
nor and Ira Allen to concoct the hasty de- 
ception which bridged the affair over. He 
was frequently in confidential relations with 
the CrO\ernor and wrote out many of the lat- 
ter's letters and state papers. He was a 
man of great and resourceful shrewdness in 
legislative and political management. It 
was his idea that stayed the paper money 
flood when the Legislature was overwhelm- 
ing in favor of such an issue. Coming to 
Rutland, where the Legislature was in ses- 
sion in 1 786, he found such a bill, with 
another making specified articles a legal 



I09 



tender for debt, on the point of i)assage, and 
seeing after looking the ground over and 
consulting with various members, that there 
was no hope of defeating the bill on a 
straight issue, he prepared the amendment, 
which made the enactment conditional on 
the approval of the voters of the state and to 
go into effect only after it had been stibmitted 
to a vote of the electors. Then the ques- 
tioij was fought out at the next election and 
the result was the rejecting of the bill by a 
vote of more than four to one. 

.And it is not too much to say that Ver- 
mont's exceptional prosperity above any 
part of the Union in the next thirty years, 
and its freedom from troubles like Shay's 
rebellion in Massachusetts that afflicted so 
many parts of the country, and came so near 
reducing things to a state of anarchy, was 
the result of this referendum scheme. It 
was, considering the times, a measure of ex- 
traordinary wisdom, and even yet its lesson 
has not been fully learned, that where dema- 
gogues and agitators with their plausible 
fallacies are bringing on disaster the safest 
defense is a reference to the original source 
.of power, the people. It cannot be said, of 
course, that the people will always be right, 
especially on new problems before they have 
been fully discussed and sifted. But they 
are more apt to be right than any other 
source of authority. This is the bottom princi- 
pal of democracy as against monarchy or 
oligarchy. Especially is it true, in a repre- 
sentative government where leaders con- 
stantly figure that the way of popularity and 
power lies in pandering to the selfishness 
and meaner passions of mankind, that an 
occasional direct application of the ozone of 
genuine popular thought is necessary. The 
politicians of Vermont then believed as did 
the politicians of other states, while the 
times were hard and debt burdens were op- 
pressive, that the people would be pleased 
with a measure of inflation. The error was 
shown by an appeal to the people in Vermont ; 
if it had been in the other states they would 
have escaped some severe experiences. .An- 
other notable case like it in political history 
was in Ohio in 1 875, when the wave of Green- 
backism was at its highest, men of all parties 
were bending before it, the Democrats had 
made it their chief issue, with the idea that 
success lay that way, and the Republicans 
feared to face the issue. Gen. Rutherford B. 
Hayes, the Republican candidate for Go\ern- 
or, insisted that there should be no faltering, 
but the canvass should be fought out on that 
question before the people, and the result 
was a signal victory for sound money against 
all the calculations of the time servers. It 
was this act of clear-viewed courage that 
made General Hayes his party's candidate for 



President the next year. It is always the 
safest course. 

Mr. Chipman was also Governor Chitten- 
den's coadjutor in the pressing to passage of 
that extraordinary measure of good sense in 
law, the quieting act, which is explained in 
the sketch of Governor Chittenden. Chip- 
man represented Tinmouth in the General 
.Assembly in t784-'85. In 1786 he was 
elected assistant judge of the superior court 
being the first lawyer to be placed on the 
bench in Vermont. In 1789 he was elected 
chief justice and held the office for two 
years. He also had the decisive part in the 
negotiations which finally closed the contro- 
versy with New York and brought about 
Vermont's admission to the Union. He was 
a friend of Alexander Hamilton and in 178S 
opened a correspondence with that great 
leader, which finally ended in Hamilton's 
espousing the cause of Vermont or throwing 
all his power and influence into an argu- 
ment for an adjustment. Daniel Chipman 
says that the two men had an interview at 
.Albany that winter, in which they agreed on 
the mode of settlement that was afterward 
adopted by the two states. When finally 
the consent of the New York Legislature 
was secured Chipman was appointed one of 
the commissioners for Vermont to determine 
the terms of settlement. He had always 
been fearful that the Vermont claims, and so 
land titles under ^'ermont authority, would 
fail to stand the test of law if they should 
ever be brought to adjudication, and so was 
not only solicitous for agreement with New 
York but that all these questions be disposed 
of in the agreement, as was done. He was 
a member of the commission that deter- 
mined the boundary between the two states. 
In the convention at Bennington to pass 
on the act of union and adopt the Federal 
Constitution, Chipman was the " Colossus of 
the debate," as Jefferson said of .Adams in 
the Congress that adopted the Declaration 
of Independence. There was then a strong 
feeling for the continued independence of 
Vermont ; her prosperity had for several 
years been the envy of her neighbors ; her 
own taxes were very light, and she had no 
share to bear of the burdens which the Rev- 
olution had left upon the rest of the country ; 
her population was fast increasing and her 
values steadily mounting upward ; she had 
gone safely through difficulties which seemed 
impossible of parallel, had shown her ability 
to take care of herself, was in a situation 
where it was an obiect for all sides to culti- 
vate her friendship, had established a stable 
and smooth-working system of her own — 
and many were the men who argued that 
there was nothing to be gained by hitching 
the state to the federal system. Probably 
consent would have been positively refused 



in the latter years of the old confederation, 
but the vigor and hopefulness which the new- 
government under the constitution showed 
was very attractive to men of Chipman's 
views. Still the result seemed very doubtful 
when the convention at Bennington assem- 
bled, and under the leadership of Daniel 
Buck the arguments against union were 
speciously presented. Chipman made a 
speech of magnificent logic and eloquence, 
portraying the possibilities of political devel- 
opment in art, literature, science, industry 
and commerce, that were contained in the 
proposed connection, discussing and analyz- 
ing the new constitution in comparison with 
the best the world had seen. It was master- 
ful as an argument and with the support of 
Bradley and Niles and others, it carried 
such conviction that the ratification was 
agreed to by a vote of 105 to 4. January 18, 
1 79 1, he was appointed with Lewis R. Mor- 
ris commissioner to attend Congress and 
negotiate for the admission of the state into 
the Union. 

Immediately after the admission Presi- 
dent Washington appointed Chipman United 
.States judge for the district of Ver- 
mont, a position which he resigned in 
1793. But three years later, in 1796, he was 
again elected chief justice and in 1797 
elected senator to succeed Tichenor, serving 
from 1797 to 1803. .\t the expiration of his 
term he returned to Vermont and resumed 
the practice of law with ever increasing 
fame. But he was not above serving the 
public in the humbler capacity and for the 
meagre pay of a legislator because he had 
been a United States judge and senator and 
he again represented Tinmouth, in the Leg- 
islature in i8o6,-'7-'8-'9-'i I. 

In March, 18 13, he was elected one of the 
council of censors, a body chosen once in 
seven years to review the constitution and 
recommend admendments. The ideas for 
which he stood then have some of them 
had to be adopted since and others must be 
to overcome evils that remain in our system. 
He always advocated amending the constitu- 
tion to create a Senate as a co-ordinate 
branch of the Legislature, to take the power 
of election of judges from the Legislature and 
provide for appointment during good behav- 
ior and also to constitute a court of chan- 
cery distinct from the courts of law. He 
made and published a great argument then 
for the independence of the judiciary, re- 
viewing the constitutions and practice of all 
the states, and applying most cogently the 
lessons of history and of the methods of other 
countries. But in spite of this luminous 
showing the old method of election at 
each session still survives, a relic of distorted 
and misapplied democracy, a method that 
combines the vices of both the appointive 



and elective systems without the merits of 
either. It is simply wonderful that the re- 
sults of it have not been more evil. 

Chipman was chosen chief justice of the 
state in 1813, receiving a majority of seven- 
teen, where his party, the Federalists, had 
the lead by only one or two on joint ballot. 
He was however displaced in 18 15 when 
the Democrats, or Republicans as they then 
generally called themselves, returned to 
power. 

This was his last public position. He had 
for many years been an associate justice on 
the supreme bench, and had four times left 
the practice of law to take a seat on the 
bench. In 18 16 he was appointed profes- 
sor of law in Middlebury College, and gave 
a course of lectures that attracted much at- 
tention, and held the chair until 1843. 

During the nullification times he wrote 
and published a very strong pamphlet 
against the Calhoun doctrine, more than 
matching in its vise-like logic the argument 
of the able South Carolinian. 

Judge Chipman died Feb. 13, 1843, from 
congestion and inflammation of the lungs, 
aged ninety-one years. The last twenty-five 
years of his life were the golden period, where 
in well earned retirement, except for such law 
business as he chose to undertake, he enjoy- 
ed in rural pursuits his books, his friendship 
and correspondence with some of the most 
cultivated men of his time, and he was re- 
garded by his neighbors and brethren of the 
profession almost as a patriarch. 

His measurement as a lawyer and a judge 
will best be given by Mr. Huse in his de- 
partment of this work. We will only allude 
to one of his methods as a judge, his habit of 
giving in his charges a summary of the testi- 
mony of each witness, instructing the jury 
as to the points on which it bore, clearing 
away immaterial matter and laying before 
the jury a compact and lucid statement of 
the whole case in all its bearings, while in- 
structing them upon the law of it. He had 
a clear and discriminating mind, compre- 
hensive in its grasp, and steadily analytic in 
its processes. He was cautious in forming 
his opinions, proceeding entirely without 
prejudice or bias, conscious that he had 
done so, and therefore positive and em- 
phatic when he had reached a conclusion. 

In 1 793 he published a small work entitled 
" Sketches of the Principles of Government " 
and also a volume of " Reports and Disserta- 
tion" containing reports of cases decided 
while he was chief justice, with dissertation 
on the statute adopting the common law of 
England, the statute of offsets, on negotiable 
notes and on the statute of conveyances. In 
1796, he was appointed one of a committee 
to revise the statutes of Vermont and the re- 
vised laws of 1797 were written by him. In 



iSj;3 he published "Principles of Govern- 
ment, a treatise on free institutions including 
the Constitution of the United States," 
which contained parts of his 1796 work. 

CHASE, Dudley.— Speaker of the state 
Assembly for five years, twice United States 
senator, and four years chief justice of the 
state Supreme Court, was of a brainy family, 
being a brother of Bishop Philander Chase 
of Ohio, founder of Kenyon and Jobilee 
colleges, and the uncle of Salmon P. Chase, 
the great Republican statesman and chief 
justice. 

Dudley Chase was born at Cornish, N. 
H., Dec. 30, 1 77 1, the son of Deacon Dudley 
Chase, and one of a numerous family of 
eight .sons and six daughters. His youth 
was passed in pioneer privations at Cornish 
and Sutton, Mass., but he succeeded in ob- 
taining a college education, graduating at 
Dartmouth in 1791. He studied law with 
Hon. Pot Hall at \\'estminster, and in the 
early nineties settled at Randolph. He was 
state's attorney for Orange county for eight 
years from 1S03 to 181 1 inclusive. He was 
a member of the constitutional conventions of 
1814 and 1822. He represented Randol])h 
in the Legislature from 1805 to 1812 in- 
clusive, and for the last five years he was 
speaker of the House, closing the service with 
such popularity that he was immediately 
elected United States senator to succeed 
Stephen R. Bradley. 

He was elected for a full term of six years, 
but he resigned his seat in 181 7 to accept 
an election as chief justice of the Supreme 
Court of the state. He was re-elected to 
that post each year until 182 1 when he re- 
tired to return to the practice of law, but 
was sent to the Legislature in i823-'24 and 
again won such popularity that he was 
in 1825 again elected to the United States 
Senate. At the close of his term in 1831 he 
retired finally to private life, devoting his 
attention to farming and gardening, of 
which he was exceedingly fond. A little of 
the scattering and disorganized opposition 
to Governor Galusha in iSig centered about 
him, giving him 618 of the 2,618 votes 
cast against Galusha for Governor. 

He was of attractive and winning address, 
portly in person, commanding in presence, 
well balanced mentally, with a poise of mind 
that fitted him admirably for judicial posi- 
tion, and a real kindness of heart that could 
not help to make him a favorite among men. 
He was perhaps somewhat lacking in the 
aggressive quality, like that of Galusha or 
Bradley or Niles, that makes the political 
leader of enduring power or that leaves per- 
manent impress in statesmanlike work. 
Still there are events and good ideas in Ver- 
mont historv with which Dudlev Chase's 



name is identified. He was always earnest 
in advocacy of the support of district 
schools by a tax on the grand list so as to 
give poor children an equal opportunity with 
the rich to obtain an education. He helped 
in the framing in the act of 1805 regulating 
marriage and divorce. He was a member 
of the committee that fixed upon Montpe- 
lier for the location of the state capital. 
Phe state bank was established in i8o6 on 
lines largely laid down by him. He was 
that year also a member of the legislative 
committee that drafted the famous "address 
of the Vermont Legislature" to President 
Jefferson entreating him to be a candidate 
for a third term. He was a member of the 
committee that provided for the location of 
the state prison at Windsor. He supported 
Bradley's resolution in 1807 for a consti- 
tutional amendment empowering the Presi- 
dent to remove Supreme Court judges on 
address by a majority of the House and 
two-thirds of the Senate. 

He died P"eb. 23, 1846, at the age of se\en- 
ty-four, after several years of declining health 
with fits of epilepsy. A fall in his room para- 
lyzed his right leg which swelled badly, be- 
came erysipelas, and terminated in mortifica- 
tion and death. His wife, whose maiden 
name was Olivia Brown and whom he married 
in 1796 when she was seventeen years old, 
survived him but twenty-three days. They 
had no children of their own, but brought 
up many nephews and nieces and indentur- 
ed boys, and of these gave a college educa- 
tion to not less than twelve or fifteen. 

FISK, James. — Judge of the Supreme 
Court, representative and senator in Con- 
gress, Universalist preacher, and a leader of 
the Democratic or Republican party in the 
state during its era of power and prosperity, 
was a nati\e of Greenwich, Mass., born Oct. 
4, I 763, and came to Vermont from Green- 
wich. Little is known of his ancestry or 
early youth, but his circumstances were 
humble and he was self-educated. His 
father died when he was only two years old, 
and he was early left to shift for himself. In 
1779, at the age of sixteen he enlisted in the 
Revolutionary army, served for three years, 
then returned to (Jreenwich and went to 
work as a farm hand. He was only twenty- 
two years old when he was elected repre- 
sentative to the General Assembly of Massa- 
chusetts, and about this time he began to 
preach as a Universalist minister. He came 
to Barre in 1 798, continued preaching 
occasionally, cleared a farm, and in his 
leisure hours studied law, opened practice 
and rapidly rose to eminence and influence. 
His alert mind, ready wit and power of prac- 
tical and winning argument, his poise of 
character and justice and kindliness of views. 



combined with liis singularly genial, attract- 
ive demeanor, qualified him to an unusual 
extent for leadership. The late E. P. Wal- 
ton says of him that " in his form, the vigor 
of his intellect and the brilliancy of his mind, 
he much resembled Aaron P3urr." He was 
small of stature, keen-eyed, a brilliant conver- 
sationalist, and, as Thompson says, "really 
talented." 

He had been in Barre only three years 
when he was elected one of its selectmen, 
and the next year was sent to the Legisla- 
ture, representing the town nine years, from 
1800 to 1S05, 1809 and 18 10, and in 1815. 
He was a useful and prolific legislator, taking 
an active part in the legislation for the ob- 
servance of the Sabbath, the taxing of liquor 
selling, the overhauling of the statutes for 
the support of the gospel, the collection of 
debts, proceedings in case of absconding 
debtors, land taxes, the forfeiture of charters, 
the reorganization of the judiciary system, 
and the regulation of marriage and divorce. 
He was prominent in the fight of 1804 over 
the law of libel, when it was proposed to do 
away with the old principle of privilege, 
"the greater the truth the greater the libel," 
and in criminal prosecutions to allow the 
respondent to plead in defence the truth of 
his words. He moved, as early as 1803, for 
the establishing of a permanent seat for the 
Legislature, and when the Assembly had 
passed the bill, before the Governor and 
Council had got the subject postponed, he 
was selected for Orange county's member of 
the special committee to locate the capital. 
He was also, in 1S04, chairman of the com- 
mittee that endeavored to get a settlement 
of our northern boundary with Canada. 

He was an ardent friend of the University 
of Vermont in its younger days, and served 
on its board of trustees for several years, re- 
signing in 181 2. He naturally, with his 
adroitness and resourcefulness, became the 
leader of the Jeffersonians, being placed in 
the front in most of the contests with the 
Federahsts, and especially where they wanted 
to match Governor Tichenor, who was in- 
dubitably one of the shrewdest politicians of 
his time. He was chairman of the com- 
mittee in 1805 to draft an address in reply 
to the Governor's speech, and framed the 
answer to the proposal of the Massachusetts 
Legislature for constitutional amendments to 
exclude slaves from representation in any 
measure in Congress. He regretted the ex- 
istence of slavery, and its influence in the 
making of laws to bind the freemen of our 
free state, but could see no remedy that 
"would not subvert the first and most opera- 
tive principles of our federal compact." The 
skill with which these replies managed to 
take issue with the Governor, while couched 
in the most commendatory phrase, were too 



much for even "Jersey Slick" himself, and 
they may be instructively studied as models 
of this sort of sheathed stabbing in politicaL 
warfare. 

Mr. Fisk was also the chairman of the 
same committee when the Democracy came 
into power in 1809 and it was the address of 
Governor Galusha, with whom he was in full 
political sympathy, that was to be answered. 

He was a judge of the Orange county court 
in 1802 and 1809, and in 1816 the I^egisla- 
ture chose him one of the three judges of the 
Supreme Court of the state. The next year 
hewas re-elected, becoming the first assistant, 
and with his undoubted talent as a lawyer 
was on his way to the chief justiceship when 
he resigned to accept an election to the 
Senate. 

He was elected a representative in Con- 
gress in 1804, serving two terms, and again 
two terms from 181 1 to 1815, and then after 
his two years service on the Supreme Court, 
was chosen by the Legislature L^nited States 
senator in 181 7 to succeed Dudley Chase, 
but resigned after less than two years service 
and William A. Palmer was elected to suc- 
ceed him. 

He was a close friend and confidential ad- 
viser of President Madison and the adminis- 
tration through the war of 181 2 ; he voted for 
the declaration of that war and his cotmsel 
was constantly sought, with reference to war 
measures. 

He took a vigorous part in the "John 
Henry" debate of 1812, over the papers 
secured from that reprobate, who after five 
years life as a farmer, lawyer and editor in 
Vermont, was in 1809 employed by the 
Governor of Canada to get into communica- 
tion with the most violent Federalists in 
New England and ascertain how far they 
could be brought to turn against their own 
country and in favor of England in case the 
embargo and other resistance to British 
aggressions should result in war. These 
papers opened the lid only a bit upon one 
of the most shameful chapters of our history, 
a chapter over which, fragmentary and un- 
satisfactory as is our knowledge of it, the 
blood of right feeling men cannot fail to boil 
to-day, a chapter that tells of sordid men 
and money making interests in New England 
that conspired in treason against the govern- 
ment that was fighting their battle and seek- 
ing to protect them from British spoliation, 
because they believed that the government 
ought to crawl at Britain's feet and do 
Britain's bidding against France, in order to 
help them to continue their money making. 
Mr. Fisk treated the subject vigorously in 
this view, and collected and presented a 
large mass of evidence showing how plottings 
for the dissolution of the L'nion had been^ 
going on. He quoted letters from Mr., 



Krskine, the British minister, in su|>port of 
this view. His arraignment was one that 
must have done an iniijortant part in cover- 
ing the once glorious Federalist party with 
the disgrace that brought it into speedy 
decay and ruin. 

But Mr. risk's moderation at another time 
served the state a good turn. The country's 
indignation at the selfish and base deeds of 
Federalists, focussed in the introduction, Jan. 
6, 1814, of resolutions in the House in- 
structing the attorney-general to institute a 
prosecution against (lov. Martin Chittenden 
for his proclamation of the year before 
ordering the Vermont militia home from 
New York, where they had been assigned to 
military duty at a critical time and point un- 
der the orders of federal commanders. The 
Governors of Massachusetts, Connecticut and 
Rhode Island had pursued a similar policy, 
refusing or threatening to refuse, on state 
rights grounds, requisitions on their militia 
for the common defense. Unscrupulous parti- 
sanship had reached about its worst abase- 
ment when Federalist executives could take 
this ground, and so far as they were concerned 
personally, prosecution might have been 
healthy. But Fisk deprecated the resolu- 
tions. He admitted , that the proclamation 
was unjustifiable, thought few people in Ver- 
mont approved of it, knew the delegation in 
Congress did not, but he did not think it 
advisable to thus force the issue between 
state and nation. If the Governor had com- 
mitted an offense against the laws let him be 
prosecuted, but let not Congress turn in- 
former, which was all the resolutions meant ; 
their effect would be only to give undue 
weight to successful prosecution and make 
Congress ridiculous if unsuccessful ; they 
neither made nor strengthened law, and so 
were of no use. The argument was so well 
made that the resolutions were put to final 
sleep on the table. 

Air. Fisk was nominated and confirmed 
judge of the territory of Indiana in 181 2, 
but declined the office after the Federalist 
presses in Vermont had wasted considerable 
energy in ridiculing the appointment. He 
did not cut much of a figure in his senatorial 
service because it was too brief to permit 
him, even under the rules then, to get to the 
front. He resigned in 1819 to accept the 
post of collector of customs for the district 
of Vermont, which he held for eight years, 
and during that time moved to Swanton, 
where he made his home until his death, 
which occurred Dec. i, 1844. 

In his later years he was a Whig as ardent 
as he had formerly been a Democrat. He 
was by temperament and logic a follower of 
Henry Clay, and the development of issues 
after the death of the Federalist party, that 
made the great Kentuckian the leader of the 



SEVMOUR. 113 

new party, naturally brought Fisk with them. 
Mr. Fisk, soon after he came out of the 
Revolution, wedded Miss Priscilla West, of 
(ireenwich, who died .August 19, 1840, at 
the age of seventy-seven. They had six 
children — three sons and three daughters. 

SEYMOUR, Horatio.— Judge, coun- 
cilor and senator, was born in Litchfield, 
Conn., May 31, 1778, the son of Major Moses 
and Mary ( Marsh) Seymour. His father was 
a man of importance in Connecticut, a Rev- 
olutionary otiicer, state legislator for seventeen 
years and town clerk forty years, and among 
his descendants was Horatio Seymour, the 
New York statesman. Democratic candidate 
for the presidency in 1S68, and a nephew of 
the Horatio Seymour who became the Ver- 
mont senator and for a number of years the 
acknowledged leader of the Whigs in this 
state. 

The subject of this sketch fitted for college 
under the tuition of his brother-in-law-. Rev. 
Truman Marsh, graduated from Yale in 1797, 
taught an academy for a year at Cheshire, 
Conn., then attended Judge Reeve's famous 
law school at Litchfield for a year, and in 
October, 1799, came to Middlebury to con- 
tinue his studies in the office of Daniel Chip- 
man, and in 1800 was admitted to the bar. 
He was soon after appointed postmaster at 
Middlebury, and continued in the office nine 
years, until the growth of his law practice pre- 
vented his longer holding it. His reputa- 
tion professionally was confined mainlv to 
his own county, but he was probably engaged 
in more cases than any lawyer before or after 
him. His great defect was over modesty 
and lack of confidence in himself, so that he 
never pushed himself in law practice or poli- 
tics as he might. 

He had to get absorbed in the cause of 
his client, and the feelings and interests in- 
volved, before he could do himself justice. 
But he was very shrewd and tactful in the 
management of cases, and as a speaker, 
while making no pretensions to oratory, 
clear, logical and persuasive. In manners 
he was not only unassuming, but most ur- 
bane and courteous, and careful not to 
offend. His make up, in fine, was such as 
was sure in the course of years to command 
a great popularity, and he held it almost 
against his will, while shrinking from lead- 
ership, as few Vermonters have done. He 
was state's attorney for .\ddison county iSio 
to 1813 and again 1815 to 18 19, and coun- 
cilor 1809 to 1814. When the Vermont 
state bank was established in 1806 he was 
chosen one of the first directors, and re- 
mained such until the branch at Middlebury 
was closed. In 1S20 he was elected United 
States senator, and re-elected in 1S26 after 
a vigorous contest with (lovernor ^'an Ness. 



114 



He was in early life a supporter of the ad- 
ministration and measures of Jefferson and 
Madison, but after the breakup following 
the Monroe administration he went with the 
Adams, on National Republican or what 
was afterwards the Whig element, and was 
influential in the party councils until his 
term in the Senate closed. He was also on 
terms of intimate personal friendship with 
Adams, Clay, Webster, King and Marcy, and 
men of such caliber, w-ho all relied much on 
his judgment in matters of legislation, 
though it was rarely they could ever get 
him to speak in the Senate. He was chair- 
man of the committee on agriculture. 

.\t the close of his second term he re- 
turned to his law practice, and to party 
leadership in the state. It was due to his 
shrewd management very largely, that after 
the Anti-Masonic wave had swept over the 
state and controlled it for several years, the 
whigs were able to get the chief advantage 
of its breakup. Mr. Seymour was their can- 
didate for Governor in 1833 and 1S34, in the 
former of which years the whig vote fell to 
less than two thousand. In 1834, when the 
election was thrown into the Legislature, 
Seymour wrote a letter before the assemb- 
hng, announcing that he would not be a 
candidate. This was to allow Governor 
Palmer an ^unobstructed re-election, which 
it was calculated would count when the 
collapse of Anti-Masonry came. Bradley, 
the Democratic candidate, who had about 
the same vote as Seymour, each a little over 
ten thousand, pursued the same wary course, 
but by individual instruction rather than a 
public letter, and with much less effect on 
the rank and file of the voters. 

Mr. Seymour's later years were passed in 
the practice of his profession and in the 
duties of judge of probate, which he per- 
formed from 1847 to 1856. Middlebury 
conferred the degree of LL. D. on him in 
1847. 

He died Nov. 21, 1S57, after se\eral 
years of infirmity, at the age of eighty. He 
married in 1800 Lucy, daughter of Jonah 
Case, of Addison. She died in October, 
1838, leaving three sons and one daughter. 
One of the sons, Moses Seymour, settled at 
Gene\a, Wis. ; another, Horatio, was a law- 
yer at Buffalo, X. V., and another, Ozias, an 
attorney at Middlebury. 

PRENTISS, Samuel, twice United 

States Senator, one of the great Whig leaders 
of his day, ranking with thesi.x of highest fame 
whom Vermont has had among " the Elders 
of the land," the peer of the intellectual giants 
with whom he sat, Webster, Clay, Calhoun, 
and Benton, and perhaps even greater yet 
on the bench of the state Supreme Court 
and the LTnited States district court, was a 




native of Stonington, Conn., where he was 
born March 31, 1782, the son of Dr. Samuel 
Prentiss. The family had been one of note 
for centuries, tracing back to 13 18 in Eng- 
lish official records, and including Capt. 
Thomas Prentiss, the noted cavalry officer 
in the King Phillip war, and Col. Samuel 
Prentiss, of the Revolutionary army, the 
great - grandfather of Judge and Senator 
Samuel. 

Young Pren- 
tiss' boyhood was 
chiefly passed at 
dfMr^ Xorthfield, Mass., 

g^ ^ii where Dr. Pren- 

w) JH tiss moved after 

,^ ^^ fff a short stay at 

Worcester, when 
the future states- 
m a n was only 
four years old. 
^\'ith only a com- 
mon school edu- 
cation, supple- 
mented by a 
study of the 
classics under 
Rev, S. C. .Allen, the minister of the town, 
young Prentiss studied law, first with Samuel 
Vose, of Northfield, then with John W.PJlake, 
at Brattleboro, was admitted to the Windham 
county bar in December, 1802, and located 
at Montpelier a few months later. He de- 
voted himself for full twenty years to his 
profession, and to extensive study and read- 
ing in cognate lines until his equipment was 
such as few men have. 

The Legislature offered him almost unani- 
mously in 1822, a position as associate jus- 
tice of the Supreme Court, but he declined 
it. But in 1824 he did accept an election 
as Montpelier's representative in the Gen- 
eral Assembly and from this time his rise in 
politics was rapid. It was at a time when 
the era of great Democratic leadership, the 
era of Galusha, Niles, Butler, Fisk, Bradley, 
and Van Ness, was drawing to a close, and a 
man of Prentiss' intellectual sweep found but 
little to obstruct his progress. He was re- 
elected to the General Assembly in 1825, 
and during the session was chosen to the 
Supreme Court, where four years' service 
won him an election by common consent to 
the chief justiceship, and one year more 
brought a summons to go to Washington as 
senator to succeed Dudley Chase. He was 
re-elected for a second term in 1836, but 
before it e.xpired he resigned to accept an 
appointment as judge of the LTnited States 
district court for the district of ^"ermont to 
succeed Elijah Paine, deceased. The nom- 
ination was confirmed by unanimous con- 
sent without the usual reference to a com- 
mittee. He continued in this position for 



fourteen years until his death, Jan. 15, 1857, 
completing an otficial career of thirty-four 
years which was not begun until he was forty- 
two. There is reason for beliexing that he 
could have had a seat on the Federal su- 
preme bench, but preferred this because the 
duties were so near home. 

As a lawyer he was profoundly learned 
with a learning that reached to the sources 
of the Roman as well as the common law, 
with a comprehension that embraced it as a 
great system of i3rinci]jles rather than tech- 
nicalities and with a thorough belief that no 
less could be said of the law, in the words of 
Bishop Hooker, "than that its seat is the 
bosom of God." As a judge no less an 
authority than Chancellor Kent said: "I 
cannot help regarding Judge Prentiss as the 
best jurist in New England." His penetrat- 
ing judgment, his power of analysis, like that 
of chernical forces in the certainty with 
which it could resolve every problem into its 
elements, his habit of sifting and of classifi- 
cation, together with his faculty of luminous 
.statement, and his resolute uprightness, com- 
bined to render him well nigh a model for a 
judge. 

It is said that not one of his decisions while 
on the Supreme Court was afterwards over- 
ruled. In the Senate his rank was easily 
among the first. John C. Calhoun said of him 
and his speech against the bankruptcy law of 
1840, that it was the clearest and most un- 
answerable argument on a debatable ques- 
tion which he had heard for years. Mr. Pren- 
tiss' independence in following where his con- 
victions led was illustrated by his stand on 
his questions, for he was the only Whig, with 
one exception, that fought the bill. But he 
was generally in close and confidential rela- 
tions with Clay and ^Vebster, sharing with 
them as third in command, the party leader- 
ship in the Senate. They both regarded 
him as the best lawyer in the Senate. 

He was the originator and successful ad- 
vocate of the law to suppress dueling in the 
District of Columbia. He was in at the 
opening of the great and protracted battle 
with the slavocracy, presenting in 1S3S, the 
resolutions of the state Legislature for the 
abolition of slavery in the District of Colum- 
bia and also against the annexation of Texas. 
Several of his speeches on different subjects 
have gone into the reading books as among 
the .\merican classics, and they are fine 
examples of the eloquence of straightfor- 
ward logic. In his younger days he wrote 
considerable on literary and moral topics, 
which was published in the newspapers, and 
all through his life he constantly sought re- 
freshment and invigoration of the mind by 
communion with the great masters of Eng- 
lish literature. In his personal habits and 
his domestic life, he was a severe economist, a 



habit to which early necessity trained him ; 
but he was still a liberal giver where the object 
commanded his approval. It is related of 
him that when the minister lost his own 
cow, the judge sent his man to the parson- 
age stable with one of his own two cows, 
and when as luck would have it that cow 
died the first night, he forwarded to the 
minister the money required to buy still 
another. 

He married, in 1804, Lucretia, daughter 
of Edward Houghton of Northfield, a woman 
of unusual powers of mind and strength of 
character, who bore most of the family cares 
during Judge Prentiss' busy life. She died 
at Montpelier, June 15, 1855, aged sixty- 
nine. She had twelve children of whom ten 
were boys, and all of them who lived to 
reach manhood became lawyers. 

SWIFT, Benjamin. — Representative in 
Congress in 1827,-1831, and senator from 
1833 to 1839, came of a family of distinction 
in Connecticut, where his uncle, a Revolu- 
tionary colonel, was a judge and member of 
the council for twelve years. His father. Rev. 
Job Swift, was a well-known divine at Ben- 
nington and Addison. .\ brother, the sev- 
enth son of Rev. Job, was Samuel Swift, 
lawyer, editor, historian of Addison county, a 
judge of probate and assistant judge there, 
and secretary of the Governor and council in 
1813 and 1814. 

Benjamin Swift, the sixth child of Rev. 
Job, was born at .\menia, N. Y., .A-pril 8, 
1780, before his father's coming to Vermont. 
He was well educated for tho.se days, took a 
course in the law school of Reeves & Gould 
at Litchfield, Conn., and first put out his 
shingle for practice in Bennington county, 
but moved to St. Albans in 1809. Like 
most young lawyers'Tie soon plunged into 
politics, taking the side of the then declining 
Federalists, so as to be effectually estopped 
from office-holding for a while and leaving a 
good share of his time and energy for im- 
provement in his profession. He thus at- 
tained a leading place at the bar, though his 
etiuipment was not by nature that of a lawyer. 
He was repeatedly a candidate on local and 
county tickets and was two or three times 
elected representative from St. Albans, but it 
was eighteen years after his settlement in St. 
Albans before he reached any other office. 
He had come out of the war of 1812 a good 
deal better than most Federalists, for he did 
not allow his feeling against the Madison ad- 
ministration and his criticism of the war to 
carry him to any such foolish or traitorous 
lengths as it did many of his party. In fact, 
when the report came of a probable engage- 
ment with the British at Plattsburgh he was 
one of the first to shoulder his musket and 
proceed to the scene, and though he arri\ed 



^ 



too late for the battle he showed a (lisi)Osi- 
tion which rountcd in his iavor in after 
years. 

As party lines were reformed after the 
"era of good feeling" under the Monroe 
administration, he naturally took the side of 
the national Republicans, and afterwards the 
Whigs, and as such was elected representa- 
tive to Congress in 1827. He was re-elected 
in 1S29, but before his term had expired the 
opposition party had become so strong, that 
though he was earnestly supported by his 
followers for a third election, he withdrew in 
favor of Henian Allen of Milton, who was 
elected. The next year, however, while the 
politics of the state were shaken all to pieces 
as regards the old parties, by the Anti- 
Masonic mo\ement, he was brought forward 
as a candidate for the United States Senate, 
as a man whose moderation of views could 
command votes from all factions. He was 
elected and served a full term till 1S39, re- 
tiring with a fair degree of credit. On one 
point especially he took an emphatic posi- 
tion in line with Vermont's views from the 
beginning. He refused to vote for the ad- 
mission of Arkansas in TCS36, because the 
new constitution of the state sanctioned per- 
petual slavery. He w'as a warm admirer 
and follower of Clay, and an enthusiastic 
advocate of his policies. 

.After his retirement from the Senate he 
de\oted himself mainly to agricultural pur- 
suits and scholarly leisure, except when he 
buckled on the armor for the management of 
cam])aign work for the Whig party, and it 
was while he was at work in the fields with 
his laborers that death overtook him. \Miile 
in Congress he engaged earnestly in temper- 
ance work and was among the pioneer movers 
in the great Washingtonian temperance re- 
form. 

\\hile in the Legislature he obtained the 
charter for the Bank of St. .Albans, and was 
its first president. 

He was a man of simple tastes and haliits 
of life, of clear and penetrating judgment, 
severe in his notions, even while of a natur- 
ally impulsive temperament, anil inclined to 
pursue with an absorbing energy any object 
for which he had started. In theology he was 
a Cahinist of the most rigid type in the regu- 
lation of his own conduct, but inclined to 
gentleness in abstract views. There was a 
rugged kindly courtesy about him, a freedom 
from malice or personal bitterness in contro- 
versy, political or religious, which in spite of 
his uncompromising argument, could not fail 
to command respect and even attachment. 
" Physically, mentally and morally," says E. 
P. Walton, "he was a large man." 

PHELPS, Samuel S.— Senator for thir- 
teen years, councilor, Supreme Court judge. 



and one of the ablest and most accomplish- 
ed men the state has ever had in public life, 
was born at Litchfield, Conn., in May, 1793, 
and of a family that had for generations 
been one of intelligent well-to-do farmers. 
Litchfield was in those days a breeding 
ground for able and influential men, and 
has probably turned out more than any 
town of its size in the country. It then 
contained the very best law school in the 
country. The intellectual friction of such 
associations was of incalculable benefit for 
such a bright youth as Phelps, and here 
may be found the foundation of his great- 
ness and that of his son. He entered Vale 
at the age of fourteen, graduating in 181 1, 
in the class with John .M. Clayton of Dela- 
ware and Roger S. Baldwin of Connecticut. 
He pursued his legal studies for a few 
months in the law school until in 181 2 he 
came to Middlebury and entered the office 
of Horatio Seymour who had himself coiiie 
from Litchfield. He served in the war of 
18 1 2, in the ranks at Burlington and Platts- 
burg and afterwards as paymaster. In those 
days he was an enthusiatic young Democrat 
and supporter of the administration and 
the war ; but when the ^\'hig party was 
formed he went with that, though all through 
his political life he exhibited an indepen- 
dence of judgment and action that was un- 
usual in those times, and several times he 
stood up for his views against the majority 
of his party when it cost something of peril 
and sacrifice to do so. 

He was admitted to the .\ddison county 
bar in 1815, and made rapid progress to 
professional eminence, even with such lawyers 
as Seymour, Dan Chipman and Robert B. 
Bates as competitors. He was a member of 
the council of censors of 1827, and wrote 
the address of that body to the people of the 
state, chiefly notable for its argument for 
the abolition of the Governor's council, and 
the establishment of a Senate as a co-ordinate 
branch of the Legislature — an argument 
which bore fruit seven years later, though it 
then failed. In 1831 he was elected a mem- 
ber of the Governor's council, and at that 
fall's se.ssion was chosen a judge of the 
Supreme Court, and was annually re-elected 
seven times until 1838, when he was chosen 
a senator in Congress to succeed Benjamin 
Swift. He was again elected in 1844, 
though he had one of the most disagreeable 
fights that the state has ever seen ; an ac- 
count of it is gi\en in the sketch of Gov- 
ernor Slade. 

In January, 1853, on the death of Senator 
Upham he was appointed to the vacancy on 
the recommendation of the Vermont delega- 
tion in Congress, though he lived on the 
west side of the state, because he was in 
Washington at the time ; the nomination of a 



'17 



judge of the Supreme Court was pending in 
the Senate and it was doubtful if any one else 
if appointed, could reach the Capital from 
Vermont, in season to help the \\'higs on the 
vote. JikIrc Phelps remained in the dis- 
charge of his duties through that session, and 
returned to Washington the next winter to 
claim his seat, but as the Legislature had met 
in the meantime and failed to elect him or 
anybody else, the Senate refused to admit him 
on the ground that an executive ap])ointee 
could not continue after the Legislature had 
had an opportunity to fill the vacancy. 

Judge I'helps then retired to private life 
and the delights of his farm, though he still 
practiced in the courts in important cases, 
especially before the Supreme Court at 
\Vashington, where he had a high reputa- 
tion. ( )ne argument especially, on the 
Woodworth planing machine patent, was 
regarded as among the strongest ever de- 
livered before the court. He was not a 
fre(pient speaker in the Senate, reserving 
himself for great occasions. He was a 
member of the committee of thirteen that 
reported the Clay compromise measure be- 
tween the North and South, the (")mnibus 
bill of 1S50, and the action greatly weakened 
him at home. He had been fully committed 
to the principle of the \Vilmot proviso ; he 
had, in a powerful speech the year before, 
reminded the .Southerners that the whole 
agitation over the slavery question of which 
they complained, and because of which they 
were threatening the dissolution of the 
Union, was " only the logical sequence of 
the Mexican war, * * * which carried in its 
train elements that might end in despoiling 
the Republic ;" but when the real danger of 
dissolution confronted him, his love of the 
L^nion led him, like Webster, to temporize, 
where with larger and cooler prevision he 
had recognized that temporizing was useless. 

There was no stronger argument made 
against slavery in the whole course of the 
debates than that of Phelps in answer to 
Calhoun and Berrien in 1848 on the bill for 
the exclusion of slavery from Oregon, with 
the lessons and warning he drew from the 
action of the new l'"rench republic in abol- 
ishing it. Henry Wilson in his "Rise and 
Fall of the Slave I'ower" describes it as a 
speech of "remarkable eloquence and pow- 
er." Wilson says, in a general estimate of 
Phelps, that he was "a man of rare ability 
and equalled by few as a lawyer and forensic 
debater, but his unfortunate habits impaired 
public confidence." His position in the 
Senate gradually grew to be a conservati\e 
one, out of sympathy with the current of 
thought and events, soon to be guided by 
men like Seward and Chase, and he thus 
became less of a leader than his admirers 
thought he ought to be. He served labor- 



iously on the committees of claims and In- 
dian affairs, and it is said that the recom- 
mendations of his reports, fortified as they 
were by a definite statement of the case, 
were seldom rejected. He was, both as 
senator, judge and advocate, a cogent, pow- 
erful reasoner, with a clear, simple, vigorous 
way of stating his argument, and a habit of 
viewing questions that was at once compre- 
hensive and discriminating, large in its 
grasp and quick in its mastery of the sub- 
ject, and this with his dignified bearing and 
his air of resolute honesty, made him a 
weighty man in what was perhaps the great- 
est era of the greatest deliberative body of 
the world, a peer among such senators as Clay, 
Webster, Calhoun, Cass, Benton, Macy, Clay- 
ton, Wright, Forsyth, Corwin and Douglas. 
'I'he senator died at his home in Middle- 
bury, March 25, 1855. He was twice mar- 
ried, and brought up a large family of chil- 
dren of whom the eldest is Edward J. Phelps, 
the late minister to England. [For a sketch 
of E. J. Phelps see page 309, part H.] 

UPHAM, William— For ten years Ignited 
States Senator, and though not ranking u]i 
with the great historii:al names from Ver- 
mont — ISradley, Phelps, Prentiss, Collamer, 
and Foote — yet a strong and able man of 
his time in national councils. He was born 
at Leicester, Mass., .'Vugust 5, 1792, the son 
of t'apt. Samuel L'pham, who moved to \'er- 
mont in 1802, settling on a farm in Mont- 
pelier. Voung William worked on the farm 
until he was fifteen, attending school only 
winters, when an accident in a cider mill, 
crushing his right hand so that it had to be 
amputated, and unfitting him for manual 
labor, procured paternal consent to his being 
"educated." A few terms at the old acad- 
emy at .Montpelier, then some tutoring in 
Latin and Greek by R.ev. James Hobart at 
Berlin, and a short time at the LIniversity of 
\"ermont were, however, all that his means 
would jjermit in this line. Then he studied 
law with Samuel Prentiss at Montpelier: was 
admitted to the bar in i8ri, and for a few 
years practiced in partnership with Nicholas 
Itaylies and afterwards alone or in temporary 
partnership for about thirty years, with hardly 
an interruption from politics to mar his 
professional achievements. 

It was a bar of great lawyers with whom 
he had to match wits, including besides 
Senator Prentiss, such giants as Dillingham, 
Collamer and Lucius B. Peck. But he was 
a foeman worthy of the best of them, and 
became, in fact, one of the strongest jury 
advocates the state has ever had. He was 
Choate-like in the fiery impetuousness of his 
eloquence, though without the rich poetic 
fancy with which Choate embellished his 
argument, masterful in his methods of state- 



ment, biting in sarcasm, full of nervous 
energy. Senator Seward in the obituary 
speeches in Congress described him as a 
"man of strong and vigorous judgment, 
which acted always by a process of inductive 
reasoning," and these were qualities that 
gave him peculiar powers in the rough and 
tumble of the law combats of those days. 

He kept carefully out of politics until his 
reputation was made at the bar, refused all 
proffers of nomination to office, including 
one for a seat on the bench of the Supreme 
Court, and held firmly to the theory that 
the "law is a jealous mistress." In 1S27 
he did accept an election as town represen- 
tative, because success seemed very dubious 
when he consented to run, and he was re- 
elected the next year and again in 1830. 
He took high rank as a debater, of course, 
but at the close of his third term he re- 
mained for ten years more a simple lawyer 
though he was state's attorney for Washing- 
ton county in 1S29. But he was ardently in 
sympathy with the Canadian rebellion of 
1838, presided over a great meeting at Mont- 
pelier that year to send greetings to the 
insurgents and condemn the Van Buren 
administration for its efforts to stop filibust- 
ering aid, and the 1840 campaign aroused 
him and for the first time in his life, when 
nearly fifty years old, he plunged actively 
into jiolitics, and stumped nearly the whole 
state for Harrison. 

The fruit was an enthusiastic personal fol- 
lowing for himself, which, in 1842, showed 
itself in his election as United States senator 
to succeed Samuel C. Crafts : at the end of 
his term he was re-elected for another term 
but died before completing it, Jan. 14, 1853. 

He was an ardent Whig and all the more so 
because of the power of partisan advocacy 
which his training as a lawyer had given him. 
Ill-health in the later years of his service 
interfered much with his activity, but he 
made a number of notable speeches and 
took positions on some occasions that were 
historic. He and Crittenden of Kentucky 
were the two men who voted "aye, except 
the preamble" on the bill in 1S45, declaring 
that "war existed by the act of Mexico " and 
authorizing the President to call out 50,000 
men. He moved the Wilmot proviso, for- 
ever forbidding slavery in the territory to be 
acquired, as an amendment to the bill in 
1846 appropriating $3,000,000 to authorize 
the President to negotiate peace with Mexico, 
and he made a speech on the subject, treating 
trenchantly as it deserved the whole iniquity 
back of the Mexican war, which was widely 
circulated and published in pamphlets and 
newspapers. He made a number of strong 
speeches on different questions connected 
with the war, the greatest of them being that 
of Jan. 28, 1848, on the bill to establish ter- 



ritorial governments in Oregon, California, 
and New Mexico. But perhaps the greatest 
one and the one most independent of party 
lines of all his career was that of July i and 
2, 1850, against the "compromise bill" of 
that year on the slavery question. 

On the tariff question he was a Whig of 
Whigs, believing that increase of industry 
and growth of national wealth would surely 
flow from a protective policy, and being one 
of the most strenuous advocates of the idea 
that wool growing was to be promoted by high 
duties. He fought hard against the Walker 
tariff-reducing bill of 1846, and his speech 
on that occasion was highly complimented 
by Daniel Webster, who wrote asking for 
memoranda of some of his " statements re- 
specting the market abroad for our wool," 
and adding, " following in your track, my 
work is to compare the value of the foreign 
and home market." 

The senator had a habit of exhaustively 
studying his subject before speaking and then 
an effective way of marshaling his facts and 
arguments. As Senator Foot said in his 
eulogy, his speeches had " the peculiar im- 
press of his earnestness, his research, his 
ability, and his patriotic demotion." Mr. 
Upham was for several years chairman of the 
committee on Revolutionary claims and post 
office and post roads, so that a vast deal of 
detail work was thrown on his shoulders. 

The senator's domestic life was a singu- 
larly happy one. His wife was Sarah Keyes 
of Ashford, Conn., whom he met while she 
was on a visit in Montpelier with her sister, 
Mrs. Thomas Brooks, grandmother of Gen. 
W. T. Brooks, commander of the Vermont 
Brigade. She w-as a beautiful, accomplished 
woman, who made her home at Montpelier 
and at Washington a center of social charm 
as well as a delight to its inmates. She died 
May 8, 1856. One of their sons, William K. 
L'pham, went to Ohio, where he rose to the 
front in law, ranking with such men as Chase, 
Corwin, and Bingham. Another, Major 
Charles C. Upham, was paymaster in the 
United States Navy. 

FOOT, Solomon.— Senator, repre- 
sentative' in Congress for nineteen years, 
like Bradley and Edmunds long president 
pro tern of the Senate, and among the great- 
est of the siiccession of remarkable men 
Vermont has kept in the Senate, with hardly 
an exception, from the beginning, was a 
native of the state, born in Cornwall, Nov. 
15, 1802, the son of Dr. Solomon and Betsey 
(Crossett) Foot. The family w-as of Con- 
necticut origin, where one of the ancestors 
was prosecuted in 1 702 "for having his negro 
servant sit" in his church pew, "contrary to 
religion and profanation of the Sabbath." 
Dr. Foot died when young Solomon was 



"9 



only nine years old, and the boy was left to the 
training of an intelligent and prayerful 
mother. W ith intermissions of farm work and 
teaching of district schools to earn money, 
he fitted for college and graduated from 
Middlebury in 1826. For the next five 
years, excejit for one year while he was a 
tutor at Middlebury, he was preceptor of 
Castleton Ac-ademy, and professor of natural 
philosophy at the Vermont Medical School 
at that place. He re-established the academy 
on a broader basis, erected a handsome and 
spacious edifice, and indeed achieved a 
large success as a pedagogue, as he did with 
everything he took hold of in life. 

But while teaching he had pursued the 
study of law ; was admitted to the bar in 
1831, and established himself in practice at 
Rutland. He at once plunged into politics, 
attracted attention the next year with an ad- 
dress which he issued in favor of Clay for 
President and against the re-election of Jack- 
son, and from this time until his death he 
was almost constantly before the public. 
Rutland sent him to the Legislature in 1833, 
again in i836-'37-'38, he being speakerin the 
last two sessions, and freshly enhancing his 
reputation by the ease and ability with which 
he discharged the duties. From 1836 to 
1842 he was state's attorney for Rutland 
county, and in the latter year was elected 
representative in Congress as an ardent ^\'hig, 
a follower of Clay, and a repudiator of Tyler. 
His first appearance on the floor was to pre- 
sent a petition for the "protection of .Ameri- 
can producers against the unfriendly and 
ruinous competition of foreign nations." 

His first speech, June 4, 1844, was in the 
same line, and this was his position as long 
as he was in Congress. He was one of the 
few Republicans to vote against the low 
tariff bill of 1857. He, of course, fought the 
Walker tariff bill of 1846 strenuously. He 
earnestly opposed the admission of Texas 
and the .Mexican war, whose purpose he de- 
clared to be simply to obtain more territory 
for slavery, and denounced the measures of 
the Polk administration almost uniformly, 
and especially its construction of the ( )regon 
boundary question. He made a hot speech 
Feb. 10, 1847, full of" scornful defiance " of 
the President for his intimation that those 
who censured the conduct of the executive 
in carrying on the war were guilty of con- 
structive treason. He was one of the three 
intrepid men who came to the rescue of 
Giddings of Ohio, when Dawson of Louis- 
iana, supported by four other Southerners, 
pistol in hand, threatened to shoot him for 
his denunciation of the "brutal coarseness" 
and " moral putridity " of slavery, and when 
it looked for a time as if the floor of Con- 
gress was to be a general shooting-ground. 



He served in the House two terms and 
refused a re-election in i84i,to return to 
the practice of law. Hut he was the next 
fall sent to the Legislature by Rutland and 
re-elected in 1848, and again was speaker of 
that body, and in 1850 he was elected to the 
Senate to succeed. Judge Phelps, and this 
was the arena where he won his largest 
tame. He was prominent in the debates 
over the Kansas question against the ad- 
mission of the state under the Lecompton 
constitution. He opposed the scheme for 
the acquisition of Cuba, justified the action 
of Commodore Paulding in the arrest of 
William Walker whose filibustering expedi- 
tion to South .\merica he recognized as a 
scheme of the slavery extensionists. He 
was a participant in the discussion of all 
Central .\merican matters, and strenuous in 
insisting that Klngland should give up her 
protectorate over the Mosquito territory. 
He served with Jeff Davis as a commissioner 
to reorganize the course of study and disci- 
pline at West Point. He was a strong 
advocate of governmental construction of a 
railroad to the Pacific coast. He carried 
through bills for the erection of a custom 
house at Burlington and court houses at 
Windsor and Rutland and for the improve- 
ment of the breakwater at Burlington. He 
served industriously on the committees on 
pensions, post-offices and post roads, revo- 
lutionary claims, public lands, pensions con- 
tingent claims and foreign relations, rising 
steadily by the care and thoroughness of his 
work to a position of leadership. He super- 
vised the enlargement of the capitol and the 
erection of other government structures. 
He was chairman of the committee of ar- 
rangements for the inauguration of President 
Lincoln. 

When the extra session of Congress was 
convened on account of the war, July 4, 1861, 
Mr. Foot was unanimously elected president 
pro tempore and through the whole of this, 
the whole of the Thirty-seventh and a part 
of the Thirty-eighth Congress he continued in 
this position. During the trying days of the war 
he did not appear on the floor so much as he 
had before done, evidently regarding speech- 
making as a needless waste of energy when 
there was so much work to be done, and the 
party in power had things all their own way, 
anyhow. On several important occasions, 
however, he kicked out of party traces. He 
voted against the legal tender act because he 
regarded it as clearly unconstitutional, and 
against Sumner's bill in i86i to wipe out of 
slavery in the proposed new state of \\'est 
Virginia as a prerequisite to its admission. 
He was a delegate to the Republican national 
convention of 1864. One of his last speeches 
in the Senate was that of Jan. 12, 1S65, in 
favor of terminating the Canadian reciproc- 



HRAINERD. 



ity treaty. He was with the leaders of his 
party in sharp antagonism to President 
Johnson and his pohcy, but died March 28, 
i<S66, before the crisis in that struggle came, 
though he clearly foresaw it. 

In him the country plainly saw it had lost 
one of its best equipped statesmen. He 
may not have had, as Senator Edmunds says, 
" that aggressive intellectual combativeness 
and analytical subtlety of mind, which, for- 
tified by learning, has produced the greatest 
lawyers," but he had a sound and practical 
mind, an active and vigilant industry, a 
habit of thoroughness of preparation for his 
duties, together with an intellectual and 
moral courage, and a hatred of meanness 
and duplicity, that, while it sometimes car- 
ried him too far in partisanship, made him 
faithful, reliable and useful. 

Senator Foot was twice married, first in 
1S39, to Emily, daughter of William Fay of 
Rutland, who soon after died ; and second, 
to Mrs. Anna Dora, daughter of Henry 
Hodges of Clarendon, who survived him. 

BRAINERD, LAWRENCE.— Briefly sen- 
ator, to fill out 
Mr. U p h a m ' s 
term, for years 
the recognized 
leader of the Jjib- 
erty party in the 
state and under 
whose auspices 
the old Whig 
partv was ab- 
solved into it, 
under the n e w 
name " Republi- 
can," was a na- 
tive of Connecti- 
cut, born at East 
Hartford, March 
16, 1794. He was from a family that has 
been called one of " the two great families of 
divines" — the Beechers being the other — be- 
cause of its great number of clergymen, Con- 
gregational, Presbyterian and Methodist, 
Among them have been several missionaries, 
including David Brainerd, the evangelist of 
the aborigines, whose biography was written 
by lonathan Edwards. 

Lawrence was the fifth of the thirteen chil- 
dren of Dea. Ezra and Mabel (Porter) Brain- 
erd, but when nine years old went to Troy, 
N. v., to live with an uncle, Joseph Brainerd. 
Five years later he started out to shift for 
himself, went to St. Albans on the proceeds 
of walnuts he had gathered and sold, and 
with a capital of just twenty-five cents began 
the struggle of life. That same year, though 
only fourteen, he was sent to Massachusetts, 
a distance of three hundred miles, to fetch a 
pair of oxen. He made the journey on foot 




but executed the trust faithfully. Though 
his education had been limited, he fitted him- 
self to teach district school and that pursuit 
he followed for several winters. Then he 
became a clerk in a store, and, in 181 6, em- 
barked in business for himself, and with his 
foresight, courage and large judgment rapidly 
enlarged his operations, acquiring additional 
wealth at every step. 

He conducted a large mercantile estab- 
lishment, doing an extensive barter with the 
farmers. He also engaged in farming and 
sheep raising, and as "railroad times" ap- 
proached took hold of these enterprises with 
all his energy. \\'ith John Smith and Joseph 
Clark he effected the construction of the 
Vermont & Canada R. R., borrowing S500,- 
000 on their personal credit before any stock 
subscriptions had become available. He was 
connected with the Vermont Central either 
as director or trustee until his death, and was 
among the original projectors and promoters 
of the Stanstead, Sheffield & Chambly, and 
of the Missisquoi roads. He was also largely 
interested before this time in Lake Cham- 
plain navigation, built the first upper cabin 
steamer that plied its waters, and was a 
director of the St. Albans Steamboat Co. for 
many years. 

His political life began with service as 
deputy sheriff in his young manhood, to 
which he was recommended by his reputa- 
tion for bravery. In 1834 he was elected 
representative from St. Albans, but this was 
his last office until he became Federal sena- 
tor, because in 1840 he abandoned the 
\\'hig party, with which he had been aiifili- 
ated, on the slaverv issue. He was one of 
the three hundred and nineteen in Vermont 
to cast their votes for Birney for President 
in 1840. He stood as the Liberty party's 
candidate for Governor in 1846 and 1S47, 
yielding the post to Oscar L. Shafter and 
the "Free Soil" movement of 1848, but re- 
turning to it in T852 and 1853, holding the 
balance of power so as to throw- the election 
into the Legislature in 1852, and defeat 
the \Vhigs and prevent Ciovernor Fairbanks' 
re-election in 1853. The result was the 
break- down of the Whigs, the coaHtion of 
1854 and the formation of the new Repub- 
lican party, over whose first convention in 
July of that year Mr. Brainerd presided. He 
was a candidate for the state Senate from 
his county, but was beaten by the old Whig 
animosity. But the new movement had be- 
come so strong before the close of the year, 
that when a vacancy in the United States 
Senate occurred by the death of Senator 
Upham, Brainerd was elected to it by a 
practically unanimous vote, the first man 
who had been sent there on purely abolition- 
ist principles. 



He was a delegate to the Republican 
national conventions of 1856 and i860, and 
chairman of the \ermont delegation in the 
latter that threw the vote of the state for 
Abraham Lincoln. He called the conven- 
tion of 1856 to order, was chosen one of its 
vice-presidents, and served during the cam- 
paign on the national executive committee. 
He was, of course, a cordial supporter of the 
Union cause through the war, and a less 
impatient one than most of the old anti- 
slavery leaders, because he foresaw that the 
end, in the inevitable logic of events, must 
be emancipation. He had, before the war, 
kept the last station of the " underground 
railroad " on the route to Canada, and many 
a poor runaway black had been aided by 
him to liberty. 

Aher the war he was deeply interested in 
the work of the American Missionary Associ- 
ation in educating and uplifting the freemen, 
and was president of the association and 
always a generous contributor to its funds. 
He in fact came to be known as among the 
most princely of Vermont philanthropists, 
and his donations were in many lines of edu- 
cational and religious work. He was a bus- 
iness man of remarkable ability always, and 
his training and habits of thought followed 
him in his benefactions. He had to be con- 
vinced that the object of charity was a 
worthy one, that the money would be judi- 
ciously expended, and then his purse strings 
were open. Disbursements increased in 
magnitude as his means increased, and he 
recognized in the possession of wealth a trust 
to be executed for good. 

He was married Jan. 16, 1819, to Fidelia 
Barnet, daughter of William Ciadcomb, and 
she died Oct. iS, 1852, having borne him 
twehe children, of whom four sons and two 
daughters reached maturity. One daughter 
married J- Gregory Smith, afterwards Gover- 
nor ; and the other, F. S. Stranahan, the 
present Lieutenant-Governor. The sons 
were : Lawrence, Aldis, Frastus P., and 
Herbert, who have all been men of promi- 
nence. 

COLLAMHR, JACOB.— Judge, both 
representative and senator in Congress, post- 
master-general under Taylor, the only Yer- 
monter before Proctor to serve in the 
cabinet, is the man whose statue, as the rep- 
resentative \'ermonter, stands with that of 
Ethan Allen in legislative hall at Washing- 
ton. He was born at Troy, N. Y., Jan. 8, 
1 79 1, the son of Samuel and Elizabeth (Yan 
Ormun) Collamer, the third of eight chil- 
dren. His father was a soldier of the Revo- 
lution and of a family that had for genera- 
tions been prominent in Massachusetts, 
" Collamores Ledge " being named after one 
member, Capt. Anthony Collamer, who was 



shipwrecked there. Samuel Collamer came 
to Vermont when Jacob was about four 
vears old. Early in youth, ambition and 
thirst for knowledge possessed the boy, and 
by his own energy and industry he procured 
the means to prosecute preparatory collegi- 
ate and professional study and yet was 
fitted for admission to the University of 
\'ermont at the age of fifteen. He gradu- 
ated in 1 8 10, and then studied law with Mr. 
Langworthy and later with Benjamin Swift 
at St. Albans, being admitted to the bar in 
18 13. There was an interruption in 1812 
when he was drafted into the detailed militia 
service and served in the frontier campaign 
as lieutenant of artillery. 

In 1816 he moved to Royalton, where he 
practiced his profession with growing repu- 
tation for twenty years, until in 1S36 he 
went to Woodstock. He was for several 
years register of probate in the Royalton 
district. He represented that town in the 
Legislatures of 182 1, '22, '27 and '28. He 
was state's attorney for Windsor county 
in 1822, '23 and '24. He was a member 
of the constitutional convention of 1836, 
that did away with the old Governor's 
council and established the state Senate, 
and took a leading part in effecting the 
change. 

In 1833, unexpectedly to himself, Mr. 
Collamer was elected one of the assistant 
judges of the Supreme Court, and regularly 
re-elected until 1842, when he declined 
further service. If his career had ended 
here it would have been distinguished ; as a 
nisi prius judge he was extraordinarily well 
equipped by habit and training of mind. 
.As Judge James Barertt, long his partner, 
says of him : "Without any of the qualities 
designated fancy, imagination, brilliancy, 
or genius, his mind was made up of a clear 
and ready perception, acuteness of discrimi- 
nation, a facile faculty of analysis, an apt- 
ness and ease in rigid and simple logic, 
excellent common sense, and withal, a most 
tenacious memory of facts. These qualities 
of mind enabled him to serve and master all 
the substantial purposes of professional and 
judicial avocation without his becoming em- 
phatically a judicial scholar. What his law- 
books contained he knew not, as mere mat- 
ter of recollection, their substance became 
incorporated as matter of consciousness 
into the very substance of his mind, which 
thus became thoroughly indoctrinated and 
imbued with the foundation principles upon 
which the superstructure of his professional 
greatness arose." 

Says Judge Poland : "His published 
opinions while a judge of the Supreme Court, 
are models of judicial compositions. For 
accuracy of learning, terseness of statement, 
clearness and com])rehensiveness of style, I 



COLLAMER. 



COLLAMER. 



do not know where they are excelled. Had 
Judge Collamer remained upon the bench to 
the end of his life, like Chief Justice Shaw of 
Massachusetts, or Chief Justice Gibson of 
Pennsylvania, I have no doubt his judicial 
fame would have equalled that of those emi- 
nent jurists." 

But the next year, after a close and hotly- 
contested campaign that required two trials 
at the polls, and with Ransom and Titus 
Hutchinson the candidates against him, he 
was elected to Congress and entered upon 
the national career that continued, with only 
brief interruptions and with steadily enlarg- 
ing fame and usefulness, until his death. His 
colleagues when he took his seat were George 
P. Marsh, Solomon Foot and Paul Dilling- 
ham. His first speech was in February, 
1844, in opposition to the apportionment 
resolution, and it attracted a good deal of 
attention. But the argument which fixed his 
place in the front rank of the Whig leaders 
was delivered in the .April following, on the 
tariff, and under the title of " ^^"ool and 
Woolens," to which a large part of it was 
given. It is, perhaps, the strongest and 
most exhaustive argument ever made in favor 
of protection to wool growing, and as a his- 
torical, constitutional and economic argu- 
ment was one of the best Congress has ever 
heard on the protective side of the question. 
He served on the public lands committee 
and was its chairman in the Thirtieth Con- 
gress. He originated the system now in 
force of mapping the public domain and 
thus exhibiting the real location and market 
status of every section of land. He was 
prominent in the debates on the annexation 
of Texas and the Mexican war, taking the 
Whig view, of course, but with the modera- 
tion and independence of judgment that so 
often marked his conduct. 

He declined a re-election to Congress in 
1S48, but a legislative caucus that fall for- 
mally recommended him for a cabinet posi- 
tion, and President Taylor on his inauguration 
named him for Postmaster-General. Here 
again his clear-headed and progressive 
thought brought some good ideas to the 
administration, and though the service was 
brief, it is the testimony of his associate in 
the cabinet, Reverdy Johnson, that the "vast 
and complicated business of the department 
was never more ably conducted." Henry 
Wilson says in his history, the "Rise and 
Fall of the Slave Power," that Mr. Collamer 
"was a statesman of recognized ability and 
firmness, and was unquestionably the most 
decided of any member of the cabinet in his 
opposition to the increasing encroachments 
of the slave power." 

On the death of President Taylor, in July, 
1850, Mr. Collamer resigned with the rest of 
the cabinet, and again returned to his law 



practice in \'ermont. and was that fall 
elected circuit judge by the Legislature. 
The choice between the Supreme Court and 
circuit judiciary was offered him, but he pre- 
ferred the latter and continued to preside in 
the county courts, until in 1854 the young 
Republican party elected him United States 
Senator as an anti-slavery A\'hig, in conjunc- 
tion with Lawrence Brainerd of Free Soil 
antecedents. He at once entered the arena 
over the Kansas troubles, presented a min- 
ority report, signed only by himself, upon the 
condition of affairs in that territory, and he 
was fully a match for Douglass in the great 
debate that followed, ushering in the years 
of controversy that ended with the admis- 
sion of Kansas as a free state in 1861, a 
result that was largely developed out of his 
efforts. He was not and never professed to 
be an abolitionist, but he understood fully 
the spirit and purpose and inevitable pro- 
cedure of the slave power. He long be- 
lieved that it could be met and defeated by 
standing on the constitution, but never by 
yielding to its encroachments. He and 
Grimes of Iowa, and Fessenden of ^Iaine 
were most intimate associates through this 
era, forming in their conservatism along cer- 
tain lines, and their agreement in economic 
views a triumvirate not less useful, though less 
conspicuous than that of Seward, Chase and 
Sumner which finally aroused and brought 
to fruition the tremendous moral sentiment 
of the North on the slavery question. .\s 
has been well said of him, he "united the 
best traits of the radical and the conserva- 
tive." He was one of the three senators 
from New England who voted against the 
tariff bill of 1S57. 

When his term expired in i860 he was 
re-elected for a second term, and filled even 
a larger place in national councils. Indeed, 
A'ermont ]iresented his name to the Chicago 
convention that year for the Republican 
nomination for the presidency, and he re- 
ceived ten votes on the first ballot of the 
convention, the only Vermonter, except Ed- 
munds, who has been so honored in the 
national conventions of either party. But 
his name was withdrawn after the first ballot, 
and though there was some talk of him for 
the vice-presidential nomination, he was left 
to do an important work and one for which 
he was best adapted in the Senate, to meet 
the storm which was gathering upon the 
country. 

At first, as Sunset (^"ox says in his "Three 
Decades," Senator Collamer was " regarded 
as not indifferent to a compromise which 
would at least retain the border states, if it 
did not stop the moyement of the Gulf states" 
toward secession. He and Fessenden were 
among the few Republicans who declined 
to vote against the " Crittenden compro- 



Cdl.I.AMER. 



123 



mise " of the winter of 1861, proposing by 
constitutional amendment to fore\er forbid 
any revocation of the guarantees of slavery 
within existing limits, its three-fifths repre- 
sentation and its perpetual right to recover 
fugiti\es, in other words, to intrench the 
institution securely in the organic law of 
the land. They did not vote for this amend- 
ment, but by abstaining from voting at 
all, signified their willingness to concede so 
much if it would satisfy the South ; and 
indeed it would only have been putting 
into constitutional phrase the doctrine upon 
which all parties had professed to stand up 
to that time. He voted and spoke power- 
fully in the panic following Hull Run, for the 
Crittenden resolution, declaring that the war 
was waged only to preserve the Union, the su- 
premacy of the constitution, and the dig- 
nity, equality and rights of all the states, and 
as soon as these objects were accomplished 
the "war ought to cease." 

But while he was of the conservative ele- 
ment of the party, repressing the extreme 
measures to which the times naturally tended, 
he was resolute and uncompromising in his 
stand for the Union. The great act of July 
13, 1 86 1, which invested the President with 
new powers and gave the war its first con- 
gressional sanction, was drawn by him, and 
in the words of Charles Sumner, who was so 
often in conflict with him, it was "a land- 
mark in our history, and might properly be 
known by the name of its author as Col- 
lamer's Statute." He offered the resolution 
in the amended form it finally took regard- 
ing the reclaiming and surrender of fugitive 
slaves, forbidding any army or naval officer 
under severe penalties from assuming to take 
any action whatever on the subject. 

He opposed in 1862 Sumner's amendment 
to an appropriation bill prohibiting the do- 
mestic sla\e trade, on the ground that any 
law which should undertake in anv wav 
to recognize negroes as merchandise in- 
stead of "persons," as described in the 
constitution, was " totally unauthorized and 
unconstitutional." He offered the bill of 
1S64, to treat all negroes who had enlisted 
on the same footing as other troops. But 
he opposed, as did several of the most radi- 
cal anti-slavery men, the prohibition of 
slavery in West Virginia when it was cre- 
ated into a state and admitted to the Union. 
He stood out against the bulk of his party 
in denying the right of Congress to tax the 
state banks out of existence. He opposed 
also the Legal Tender Act, making an ex- 
haustive argument against it as unconstitu- 
tional. He would not admit the " necessity " 
or the morality of the greenback issue. He 
was not willing that the government should 
be like the man who says, " Here is my note, 
if I do not pay it you must steal the amount 



from the first man you come to and give 
him this note in payment." 

As the war closed and the era of recon- 
struction came on, Mr. Collamer found him- 
self more nearly in line with the more 
radical section of his party. He denied the 
right of the insurgent states to participate in 
any presidential election until Congress had 
declared that the insurrection was ended. 
He demanded of the South in the last 
speech he made, " some security for future 
peace." His argument for the requirement 
of the " ironclad oath " is declared by Henry 
Wilson to have been " among the most 
lucid and logical presentation, of the reasons 
for extra-judicial and extra-constitutional 
legislation." He took the ground fully that 
Congress could and should control in the 
matter of reconstruction. But disease and 
death cut short his service before the 
struggle over this subject had reached its 
great historic intensity. He died at his 
home in Woodstock, Nov. 9, 1865. 

The judgment of his cotemporaries was 
one of profound admiration for his character 
and abilities. Senator Morrill, in presenting 
to Congress the statue in behalf of the state, 
declared him to be its "foremost citizen in 
ability, moral excellence, and national dis- 
tinction." Mr. Blaine in "Twenty Years of 
Congress" sums Collamer up as "an able, 
wise, just and firm man, stern in principle, 
conservative in action," and again, "to de- 
scribe him in a single word, he w-as a w'ise 
man." "Conservative in his nature, he was 
sure to advise against rashness. Sturdy in 
his principles, he always counseled firmness. 
In the periods of excitement through which 
the party was about to pass, his judgment 
was sure to prove of highest value — influ- 
enced, as it always was, by patriotism, and 
guided by conscience. Without power as 
an orator, he was listened to in the Senate 
with profound attention, as one who never 
offered counsel that was not needed. He 
carried into the Senate the gravity, the dig- 
nity, the weight of character, which enabled 
him to control more ardent natures, and he 
brought to a later generation the wisdom 
and experience acquired in a long life de- 
voted to the service of his state and of his 
country." 

Of his personality the best picture was 
that drawn at a single touch by Representa- 
tive \\'oodbridge, in presenting resolutions 
upon his death. " Vou all recollect the 
sweetness of his face. He seemed, as Sidney 
Smith said of Horner, to have the ten com- 
mandments w-ritten there." He was a man 
who was loved by children, by neighbors, by 
all who knew^ him. He was a member of 
the Congregational church for the last twenty 
years of his life, and he delivered a course of 
lectures, as reverent as thev were learned, on 



124 



^**- »•{• 



" The Authenticity of the Scriptures." He 
was for some time professor of medical juris- 
prudence in the \'ermont Medical College, 
at Woodstock, where he ga\e short but 
instructive courses of lectures. The Uni- 
versity of Vermont conferred the degree of 
LL. D. on him in 1S49, and Dartmouth in 
i860. 

Mr. Collamer wedded, July 15, 1S17, 
Mary N., daughter of Abijah Stone, and 
seven children were the fruit of this union : 
Harriet (Mrs. P^liakim Johnson), Mary (Mrs. 
Horace Hunt, of New York City), Edward, 
now in Ohio ; Kllen (Mrs. Thomas G. Rice, 
of Cambridge, Mass.), and Frances, who 
resides at the old family mansion at Wood- 
stock. William Collamer died in iSy,-?, being 
a man of unusually brilliant i^arts. 

POLAND, Luke P.— Chief Justice of the 
state Supreme 
r - Court, both sen- 

I ■ ator and repre- 

s e n t a t i V e in 
Congress, and a 
man of extraor- 
(linarily large 
brain power, 
though without 
the qualities of 
popular success 
in politics, was 
born at West- 
ford, Nov. I , 
1S15, the son 
of Luther and 
Nancy ( Potter) 
Poland. The father and grandfather were 
carpenters and joiners by trade and farmers 
as well, and the father was Waterville's first 
representative in the Legislature after it was 
organized as a town. But the family was in 
comparatively humble circumstances and 
Luke's educational advantages were limited 
to a few weeks each year in the public 
school, until he was twelve years old, and a 
bare five months in the academy at Jericho, 
when he was seventeen. The balance of 
his youth was passed as clerk in a country 
store at Waterville, and in work upon the 
paternal farm and in the saw-mill. But he 
was an eager student and gathered such 
knowledge from reading and contact with 
life that his father approved of his desire to 
study law, and he set out on foot with a 
capital consisting of just one change of 
underclothing, for the neighboring village of 
Morristown, and teaching school that win- 
ter, began the study the following spring in 
the office of Samuel A. Willard. 

He was admitted to the bar in 1836 and 
by the force of his native ability rose so 
rapidly in the ranks of his profession that 
twelve years later, in 1848, he was elected 




one of the judges of the Supreme Court over 
a Whig competitor and by a Whig Legisla- 
ture, though he had himself always been a 
Democrat until that year when he was can- 
didate for Lieutenant-Governor on the Free 
Soil ticket. He had before been register of 
probate for I>amoille county in i839-'4o;a 
member of the state constitional conven- 
tion in 1843; states attorney for Lamoille 
county in 1844 and '45. His judicial 
duties kept him out of active politics for 
the next twenty years, though he was still 
a Democrat of Free Soil sympathies until 
after the formation of the Republican 
party when he joined that. In i860 he was 
chosen chief justice of the Supreme Court 
and held the position until his election as 
senator. .Some important questions went 
into the crucible of his thought and decision 
during these years, among them the power 
of eminent domain or the right to take pri- 
vate property for public uses and the proper 
extent and limitation of that power ; the 
adoption of the common law of Kngland by 
the United States : the subject of easements ; 
the constitutionality of retroactive statutes ; 
the acquirement of title by adverse posses- 
sion : to what extent promises to pay the 
debt of another are governed by the statute 
of frauds. His opinion upon the extent of 
the constitutional power of the state to au- 
thorize its soldiers in camp to vote was re- 
garded as a settlement of that \exed ques- 
tion, and was followed by several states. 

Judge James Barrett says of him : "In 
thirty years conversancy with the bench and 
bar of Vermont, it has not been my fortune 
to know any other instance in which the 
presiding judge in his nisi prius circuit has 
been so uniformly, and by the spontaneous 
acquiesence of the bar, so emphatically 'the 
end of the law' in all things appertaining to 
the business of these courts. As judge of 
the Supreme Court sitting in banc his adapt- 
edness to the place was equally 'manifest. 
His mastery of the principles of the law, his 
discriminating apprehension of the principles 
involved in the specific case in hand, his 
facility in developing, by logical processes 
and practical illustrations, the proper ap- 
plications and results of these principles are 
^ery strikingly evinced in the judicial opin- 
ions drawn up by him, contained in the Ver- 
mont reports. His memory of cases in 
which particular points ha^•e been decided 
was extraordinary, and this memory was ac- 
companied by a very full and accurate appre- 
hension of the very points and grounds and 
reasons of the judgment. Some of the 
cases in which he drew the opinion of the 
court stand forth as leading cases, and his 
treatment of the subjects involved ranks with 
the best specimens of judicial disquisition." 



I'pon the death of Senator Collamer, 
having some years before moved to the east 
side of the mountain and made St. Johns- 
bury his home, he was chosen by the Legis- 
lature to fill out the unexpired term of a 
little over a year, and in 1866 was elected 
representative to the lower house of Con- 
gress and Morrill transferred to the Senate. 
While in the Senate he was placed on the 
judiciary committee and piloted the bank- 
ruptcy bill, of which he was given charge, 
to enactment. While in the Senate also he 
inaugurated the greatest work of his con- 
gressional career, the revision and consoli- 
dation of the statutes of the United States. 
The plan, a singularly clear and comprehen- 
sive one, was his, and passed substantially in 
the shape he reported it, the direction of all 
subsequent proceedings in the following 
seven years was by him, as chairman of the 
house committee ; the ultimate decision of 
what was and was not law, the sifting out of 
statutes that over-lapped one another, or 
were repealed because of incompatibility or 
inconsistency ; the construing of difficult or 
conflicting phrases, the rearrangement of the 
statutes by subject and in all the detail and 
diversity of chapters and sections, were all 
guided ultimately by him. This codification 
was a work largely judicial in character, and 
as Hon. Lorin Blodgett said in an address 
before the Social Science .Association at 
Philadelphia, in 1S75, entitled to " a rank 
quite distinct from if not higher than any 
previous work of the kind known to history." 
Both the House and Senate accepted the 
work as it came from his hands and it be- 
came law June 3, 1874. 

judge Poland filled several other important 
posts during his House service. He was 
chairman of the committee to investigate the 
Ku Klu.x outrages, which took e\idence fill- 
ing thirteen large volumes, and whose report 
had much to do with breaking up that organ- 
ization. He took a prominent part in the 
discussion of the vexed question of the 
Geneva award, advocating the right of the 
insurance companies to receive the money 
awarded for vessels and cargoes destroyed 
by the rebel cruisers where the owners had 
received their insurance. He was chairman 
of the Credit Mobilier investigating com- 
mittee, and drew the report which, though 
unanimous on the part of the committee, and 
relegating several prominent men to pri\ate 
life, was regarded as somewhat of a com- 
promise on the merits of the case. In the 
winter of i874-'75, after he had been de- 
feated for re-election, he was chairman of 
the special committee appointed to in\esti- 
gate the troubles in .Arkansas, and his report 
was in direct antagonism to the views of 
President Grant and the party leaders, and 
strong in its condemnation of the policy of 



military interference with state elections and 
state governments. It was a \igorous dis- 
play of independence, such as he had not 
often been accustomed to in the heat of the 
politics of the previous few years, but natural 
ot his judicial mind. There had been a 
marked incident of a similar kind while he 
was in the Senate when he \oted in oi)])osi- 
tion to the bulk of his party in favor of 
Senator Stockton in the contested election 
case from New Jersey. 

It was in the Congress of i8-3-'75, while 
leading in the Credit Mobilier investigation, 
and as his great work in the revision of the 
laws was Hearing its end, that Judge Poland 
seemed to be on the crest of the wa\e of 
advancement. There were even suggestions 
of him for the Presidential nomination in 
the next campaign. But the prospects were 
all dashed at one blow, by the passage of the 
"salary grab" bill, so called, increasing the 
salaries of members to 87,500 a year and 
dating it back to the beginning of that Con- 
gress. Judge Poland voted against the bill, 
but he would not yield to the storm of pop- 
ular fury which arose. U'hile other members 
hastened to convert their extra salary back 
into the treasury, or give it to their states or 
benevolent objects, he felt only contempt for 
their terror. "Here," he said, slapping his 
trousers pocket, when asked as to the dispo- 
sition of his extra pay, "here it is and here 
it is going to stay." He had had a sharp 
fight against the brilliant Judge B. H. Steele 
to secure his renomination in 1872, and 
antagonisms and claims of broken trades 
arose on every side to confront him. 

There had always been weaknesses in him 
as a politician. His brainy quality could not 
be denied, and personally there was a spark- 
ling wit and genial humor that won some 
men to him, while it seemed to repel others ; 
there were accusations of greed in money 
matters, of too much grasping of honors for 
himself and of too great fondness for whiskey, 
all of which had some basis of truth, though 
greatly exaggerated and entitled to weigh but 
little in the balance against his extraordinary 
intellectual equipment. But in the peculiar 
conditions of that year, the political revulsion 
that extended through the land, they were 
sufficient to defeat him for re-election in one 
of the strongest Republican districts of the 
country. 

He was, however, chairman of the state's 
delegation to the Republican national con- 
vention of 1876, and was still suggested in 
some quarters as a vice-presidential candi- 
date : but he himself presented Wheeler's 
name to the convention and was largely in- 
strumental in securing the nomination for that 
gendeman. In 1878 St. Johnsbury sent 
him to the state Legislature, where, of 
course, he took a leading position. In 



126 



i882, he made something of a contest against 
Senator Morrill for the latter's seat in the 
Senate, but unsuccessfully of course. But 
a "surprise party" in the convention of the 
new second district of that year secured him 
the nomination for the House away from 
General Grout. But he ser\ed only one term 
and despite his great and recognized ability, 
and long experience, without especial dis- 
tinction ; he seemed to be out of the current, 
all the more because it was evident that he 
would not secure a re-election. 

He was married on the 12th of Janua- 
ry, 1838, to Martha Smith, daughter of Dr. 
■William Page of Waterville. By this mar- 
riage he had three children. ' Of these 



Martin L., the eldest, was educated at West 
Point Military Academy, and afterward 
served as captain of the ordnance corps; 
he died at Fort Yuma in August, 1878; 
Mary died in August, 1865 ; and Isabel is 
now the wife of A. E. Rankin of St. Johns- 
bury. Mrs. Poland died in .^pril, 1853. 
In 1S54 Judge Poland married .Adelia H. 
Page, sister of his deceased wife. 

He received the degree of LL. D. from the 
University of Vermont in 1S61, was a trus- 
tee of the institution, 1878, and founded 
the Westford scholarship there in honor of 
his native town. 

Judge Poland died July 2, 18S7. 



REPRESENTATIVES IN CONGRESS. 



The following is a complete list of the Representatives in Congress for Vermont. Hio- 
graphical sketches of the entire list are given on the following pages, with exceptions noted. 



Nathaniel Niles, 


1791-95 


Orsamus C. Merrill, 




1817-19 


^Solomon Foot. 


1843-47 


•Israel Smith, 


179J-97 


Charles Rich, 




i8i7-=s 


tPaul Dillingham, 


1843-47 


Daniel Buck, 


"795-99 


Henry Olin, 




1824-25 


§Jacob Collamer. 


1843-49 


Matthew Lyon, 


1797-1801 


Mark Richards, 




1817-21 


William Henry, 


1847-5- 


1 cwi» !!. Moms, 


1797-1803 


William Strong, 




1819-21 


Lucius B. Peck, 


1847-51 


•l-,%u-l >„nlh. 


1801-03 


Ezra Meech, 




1819-21 


William Hebard, 


1849-53 


Willi. ,m Chamberlain. 


1803-05 


Rollin C. Mallory, 




1819-31 


James Meacham, 


1849-56 


' M.irtm i-'hitlenden, 


1803-13 


Elias Kcyes, 




1821-23 


Ahiinan L. Miner, 


1851-53 


lame, Elliot, 


1803-09 


tjohn Mattocks, 




1821-23 


Thomas Bartleti, Jnn.. 


1851-53 


C.kk.m Olin, 


1803-07 


Phineas White, 




1821-23 


Andrew Tracey. 


1853-55 


vMamcsFisk, 


1805-og 


William C. Bradley, 




1823-27 


Alvah Sabin, 


1853-57 


'"lanie. Witherell. 


1807-08 


D. Azro A. Buck, 




1823-29 


JJustin S. Morrill, 


1855-67 


Samuel Shaw, 


1808-13 


Ezra Meech, 




1825-27 


George 1. Hodges, 


1856-57 


William Chamberlain. 


1809-11 


tJohn Mattocks, 




1825-27 


Eliaklm P. Walton, 


1857-63 


Jonathan H. Hubbard, 


180^-11 


George E. Wales, 




1825-29 


Homer E. Royce, 


1857-61 


SJ.an.es Fisk, 


1811-IS 


Heman Allen of Milt 


Dn, 


1827-29 


Portus Ba.vter, 


1861-67 


\\ illi nil Strong, 


1811-15 


§ Benjamin Swift. 




1827-31 


Frederick E. Woodbridge, 


1863-69 


W illi nil C. Bradley, 


1813-15 


Jonathan Hunt, 




1827-32 


Worthington C. Smith, 


1867-73 


•1 1,1 Iniilcr, 


1813-15 


William Cahoon, 




1827-33 


§Liike P. Poland, 


1867-75 


■Ki. h ir.l Skinner, 


1813-15 


Horace Everett, 




1K29-43 


Charles W. Willard, 


1869-75 


Charles Rich, 


1813-15 


tWilliam Slade, 




i8)i-43 


JGcorge W. Hendee, 


■873-79 


Daniel Chipman, 


1815-17 


Heman Allen of Milton, 


1832-39 


Dudley C. Denison, 


1875-79 


Luther Jewett, 


1815-.7 


tHil.and Hall. 




1833-43 


tCharles H. Joyce, 


.875-83 


Chauncey Langdon, 


1815-17 


Benjamin F. Deming 




1833-35 ■ 


Bradley Barlow, 


1879-81 


Asa Lyon, 


1815-17 


Henry F. Janes, 




1835-37 


tjames U. Tyler, 


1879-S3 


Charles Marsh, 


1815-17 


Isaac Fletcher, 




1837-41 


tWilliam W'. Grout, 


1881-83 


John Noyes, 


1815-17 


John Smith. 




1839-41 


IjLuke P. Poland, 


1885-85 


Heman .nllen of Colchester, 1817-18 


Augustus Young, 




1841-43 


ijohn W. Stewart, 


1883-92 


tSamuel C. Crafts, 


1817-25 


tJohn Mattocks, 




1841-43 


nVilliam W. Grout, 


1885- 


William Hunter, 


1817-19 


George P. Marsh, 




1843-49 


JH. Henry Powers, 


1892- 


* Biographical sketch v 


fill be found amo 


ng " The Fathers." 


§ Biographical sketch will be found among " The Se 


nators." 


t Biographical sketch v 


fill ht found amo 


ng *' The Governors." 


X Biographical sketch will be found in Part IL 





NILHS, Nathanie L.— Legi-slator, 
speaker, councilor, congressman, lawyer, 
judge, physician, preacher, inventor, and with- 
al something of a poet, was, perhaps, the man 
of the most varied attainments of any of the 
fathers. He was one of the first settlers of 
Fairlee, and having been a legislative leader 
during the state's career as an independent 
republic, was, with Israel Smith, its first 
representative in the Federal Congress. 

He was born at South Kingston, R. I., 
.April 3, 1 74 1, the grandson of Samuel Xiles, 
the famous author and minister at Braintree, 
Mass. He commenced his collegiate course 
at Harvard, and, ill-health compelling him to 
suspend his studies for a time, graduated at 
Princeton. He studied theology under Rev. 
Dr. Bellamy, early exhibiting his tendency 
toward independent thought and inquiry 
along unusual lines. He was also in these 
young days a student of law and medicine, 
taught school awhile in New York City, 
preached for a time at Norwich and Torring- 
ton, Conn., and showed his versatility of 
mind with mechanical experiments. He was 
the inventor of the process of making wire 
from bar iron by water power, and he erected 
at Norwich, Conn., where he early took up 
his residence, a woolen card manufactory. 
He was an ardent patriot in the Revolution 
and, though there is no record preser\ed of 



military service on his part, he was the au- 
thor of an ode entitled " The American 
Hero," written just after the battle of Bunker 
Hill and published in the Connecticut Ga- 
zette in February, 1776, which was immedi- 
ately set to music by Rev. Dr. Sylvanus Rip- 
ley, father of Gen. E. W. Ripley, and was 
almost universally sung in the churches of 
the eastern states, and is said to have be- 
come the war song of the New England 
soldiers. Its concluding stanza read : 

Life for my country and the cause of freedom 
Isbul a trifle for a man to part with: 
.\nd if preserved in so great a contest. 
Life is redoubled. 

He came to West Fairlee with a number 
of Connecticut associates just after the Rev- 
olution, settled near the center of the town 
and purchased a large tract of land. Here 
he preached every Sunday in his own house 
for twelve years, and became a strong relig- 
ious and moral force in the community. He 
w-as elected to the Legislature in 1784 and 
was immediately chosen speaker. .\s a pre- 
siding officer he won the same success as 
everyw-here in life, being masterful in parlia- 
mentary law, fair in rulings, and efticient and 
expeditious in the transaction of business. 
In 17S4 he was also elected with Moses Rob- 
inson and Ira Allen an agent to Congress to 
"transact and negotiate the business of this 
state with that body." In the break-up of 



128 NILES. 

I ySQjwhen Governor Chittenden failed for one 
year of re-election, Mr. Niles got a few of the 
scattering votes for Governor. The same year 
also he was elected one of the judges of the 
Supreme Court, and held the position until 
1 788. In 1785 and 1787 he was also a mem- 
ber of the council, and served in the Consti- 
tutional Convention of i79i,and took the 
lead with Chipman in securing the ratifica- 
tion of the Federal Constitution. 

Upon the admission of the state to the 
Union he was elected to Congress, serving 
two terms from 1791 to 1795. But the close 
of his service in Congress did not mean his 
retirement from public life. He again rep- 
resented Fairlee in the Legislatures of iSoo- 
'oi-'o2, and in iSi2-''i3-'i4, was again a 
member of the council of censors in 1799, 
and was again returned to the Governor's 
Council in 1803, and served five years until 
1808, while he also took a prominent part in 
the Constitutional Convention of 1814. 

In politics Mr. Niles, like that other great 
Baptist preacher-politician of the state, Ezra 
Butler, was a thorough-going Jeffersonian 
Republican, all the more influential because 
their views were in such marked contrast to 
the generality of ministers in New England. 
For a period of nearly twenty years Mr. 
Niles was perhaps the most steadfast and 
most popular champion of Democratic views 
in Vermont. His first election to Congress 
was before party lines had been definitely 
formed in either the state or nation, and his 
retirement became inevitable as the Federal- 
ists got control of the state, and party pas- 
sion was running to a high degree of virulence. 
It is worthy of note that all four of the state's 
first congressmen, Senators Robinson and 
Bradley, and Representatives Niles and 
Israel Smith, afterwards took the Jeffersonian 
side of pohtics. Naturally, coming from the 
healthy mountain atmosphere of freedom, 
they were shocked even as Jefferson was, at 
the growth of aristocratic ideas and mon- 
archical leanings which increasingly charac- 
terized the career of the Federalist party, and 
ruined its usefulness so quickly after it had 
achieved its great work of consolidating the 
Union. His political feeling once led him 
to what approached rather near sharp prac- 
tice for a man of the cloth. It was in 1813, 
when the people of Vermont had failed to 
elect a Governor by popular vote and when 
the issue in the Legislature hung so long 
doubtful. Three of the Federalist councilors 
had failed to arrive at the opening of the 
Legislature, and Niles and Henry Olin on 
October 16, moved to proceed at once to 
the election and fought hard to bring it 
about in joint committee. Probably if they 
had succeeded Governor Galusha would have 
been re-elected, but they were beaten by a 
vote of 108 to 102. 



Niles was consistent with the spirit and 
hope of his party in those days, in being a 
resolute antagonist of slavery. He led in 
formulating the demand of the state in 1S05 
for a constitutional amendment to forever 
prohibit the importation of slaves, or people 
of color into the country. 

His name appears all through the records 
of the "Ciovernor and Council" alike during 
his service on the floor of the .\ssembly and 
in the Council, as among the busiest of legis- 
lators, alike with topics of mere local inter- 
est and those of large importance. He was 
prominent in 1801 in advocacy of the 
amendment to the Federal constitution for 
the election by districts of presidential elec- 
tors and representatives in Congress, which 
passed the Vermont legistature by a vote of 
nearly three to one, but failed of assent by 
the requisite number of states. He and 
Olin made sharp issue with Gov. Martin 
Chittenden's address of 1S14, expressing 
the extreme Federalist antipathy to the war 
of 181 2, and declaring it "unnecessary, un- 
wise and hopeless in all its offensive oper- 
ations." After fighting the answer of the 
legislative committee echoing this sentiment, 
they with eighty other 1 )emocratic members 
entered their solemn protest against it on 
the records of the House. It was a time 
that stirred men deeply. 

That Niles was not ordinarily indisposed 
to the amenities of official intercourse was 
shown in 1800, when he was chairman of 
the committee to draft a response to Gover- 
nor Tichenor's address, and though they 
were on opposite sides in politics and it was 
the year of a presidential campaign, the re- 
port responding to the sentiments of the 
Governor was such as was agreed to by the 
Assembly without a division. He was also 
chairman of a committee to respond to 
Governor Galusha's patriotic address in 
1 81 2, and being in full sympathy with the 
Governor did it in a style that was called 
" eminently partisan." He is on record 
with -Asaph Fletcher and Samuel Shepardson 
in 1804, as "entering a solemn protest" 
against some of the lottery legislation of that 
year, not so much against the principle of 
the thing itself as the extraordinary immuni- 
ties granted the sellers of the tickets. He 
was chairman of the committee in 1814, that 
reported against the constitutional amend- 
ment proposed by Tennessee and Pennsyl- 
vania to reduce the term of senators from 
six years to four, and he was chairman on 
the part of the House of the joint committee 
to consider the invitation of Massachusetts 
to send delegates to the Hartford conven- 
tion, and which to the lasting credit of Ver- 
mont, by a unanimous vote of the six Fed- 
eralists and three Republicans, reported 



I 



at;ainst having anything to do with this 
traitorous scheme. 

He was a strenuous opponent of the bank 
bill schemes proposed so thickly in the early 
years of the century, though he did, finally, 
in 1806, assent to the compromise for the 
establishment of the Vermont State Bank. 
Some of the arguments of his reports read 
interestingly now. "Banking operations," he 
wrote, are "a vicious substitute for that in- 
dustry and economy, which constitute the 
best portion of our means of livelihood." 
" Credit is not less lial)le than money to be 
misimproved, and while the misimprovement 
of money merely diminishes property, that of 
credit creates debt and when it is employed 
to discharge one debt by incurring another, 
nothing can commonly be gained. Sudden 
changes in the quantity of circulating me- 
dium are not less fatal to prosperity than all 
such changes in the atmosphere to the com- 
fort and health of mankind. They operate 
powerfully, to shift property from hand to 
hand without at all augmenting the general 
wealth of a country ; banking establishments, 
to say the least,'possess in a very high degree, 
the very dangerous power of producing such 
changes, in the circulation of the pecuniary 
medium of commerce." The " tendency " of 
bank bills would be to " palsy the vigor of in- 
dustry and to stupefy the vigilance of econ- 
omy." Among the many other measures of 
permanent interest with which he was iden- 
tified was that of 1803 defining the power of 
justices of the peace. 

With his work in the Legislature, and the 
constitutional convention of 18 14, Judge 
Niles, at the age of nearly seventy-four, re- 
tired from his thirty years of almost con- 
tinuous public service, and passed the rest 
of his days until his death, in November, 
1828, at the age of eighty-eight, at his com- 
fortable home in West Fairlee, and being 
until the end among the most revered of 
our ])ublic characters. A massive granite 
monument, typical of his character, stands 
over his grave in the center of the town. 

Judge Niles was twice married, first to 
a daughter of Rev. Dr. Joseph Lathrop of 
West Springfield, Mass., and second to 
Elizabeth, daughter of William Watson of 
Plymouth, Mass., a lady of the highest ac- 
complishments and the intimate friend and 
correspondent of the most eminent philoso- 
phers and theologians of the period. He 
left two sons of considerable intellectual at- 
tainments ; one of them, also named Nath- 
aniel, became United States consul at 
Sardinia, acting plenipotentiary to Austria, 
and secretary of legation at the court of St. 
James under General Cass. 

Judge Niles was quite a voluminous writer 
and a large number of his sermons, addresses 



HUCK. 1 29 

on one occasion or another, essays and 
poems were published. 

BUCK, Daniel.— One of the state's re- 
presentatives to Congress and speaker of the 
Assembly just after the admission to the 
Union, was one of the earliest settlers of the 
state, a lawyer by profession. He repre- 
sented Norwich for several years, was active 
and prominent in legislation always, and held 
the speaker's chair in 1795-6. He was also 
in the Legislature again in 1806. He was 
in 1792 counsel for Ira Allen in the long 
and bitter fight in the Legislature over the 
latter's accounts, one phase of which re- 
sulted in a political revolution, and ousted 
( 'rovernor Chittenden from office for one 
term. He was a member of the convention 
at Bennington that adopted the act of union, 
but took the lead in opposing that action 
and urging Vermont to continue an inde- 
pendent little republic by herself. He made 
the motion in 1 794, though then speaker, 
by which it was decided after long debate 
not to make provision to pay the debts of 
those Tories whose property had been con- 
fiscated by the state. He took a leading 
part in the passage of the act of 1806, em- 
powering judges of the Supreme Court of 
judicature to grant divorces. He was one 
of the committee in 1805 that drafted the 
resolution to concur in the proposal of Ken- 
tucky to amend the constitution so as to 
limit the jurisdiction of United States 
courts by excluding caiises between citizens 
of different states. He was also active in 
the Legislature of 1806 for the establish- 
ment of a state bank. He appears to have 
served the state as attorney-general in 1794, 
as the records of the (lovernor and council 
show an act in October, '95, directing pay- 
ment for the last year. 

His service in Congress from 1795 to '99 
was in no way noteworthy, except that as 
parties formed he became an ardent Feder- 
alist, while his colleague Matthew Lyon was 
a red-hot Democrat. 

Soon after his last term in the Legislature 
expired he was committed to jail at Chelsea 
for debt, and obtaining the liberties of the 
prison took up his residence there and kept 
up the practice of his profession until his 
death in 181 7. 

BrcK, D. .^ZRO A., son of the former, also 
speaker and representative in Congress, was 
born at Norwich in 1789, and was a young 
man when his father moved to Chelsea. He 
graduated from Middlebury in 1807, and also 
from West Point in 1808, when he entered 
the army, being appointed second lieutenant 
of engineers ; but he resigned his commis- 
sion in 1811. The state offered him a com- 
mission as major in a volunteer corps ordered 
by the Legislature. The next year, Aynil 13, 



I30 



he became a captain in the 21st Regt. in the 
U. S. Army, which was made up of Ver- 
monters, and served creditably through the 
war, but finally abandoned the military pro- 
fession in 18 1 5, and at the age of twenty- 
six established himself as a lawyer at Chel- 
sea, and though not profoundly learned 
reached a reasonable success. His easy and 
courteous address, with the demeanor of the 
real old-fashioned gentleman, made him quite 
effective as an ad\ocate and won rapid polit- 
ical promotion. He was for six years state's 
attorney for Washington county, and was 
Chelsea's representative in the Legislature 
fourteen years, and was speaker in i820-'23, 
i825-'2 7, and i829-'3o, a length of service 
equaled only by (lideon Olin and James L. 
Martin in the w-hole history of the state. 
He was with William Strong and Stephen 
Royce a member of the committee in 1S16 
that drafted the report in favor of electing 
congressmen and presidential electors by 
districts, as proposed by the constitutional 
amendment that had been sent up by the 
Kentucky I^egislature. He was one of the 
presidential electors in 1820 that cast the 
vote of the state for Monroe. He was twice 
elected to Congress, in 1822 and 1826. In 
1836 he moved to Washington, where he 
was connected with the Indian Bureau of the 
War Department, and he died there Dec. 24, 
1841. 

LYON, Matthew.— Elected to Congress 
from three states, the peppery, red-headed 
little Irishman, whose ups and downs in life 
with his big ideas and his untiring enterprise, 
made a career that can but kindle the admira- 
tion of the reader even as it did of some of 
his cotemporaries, while it stirred the pro- 
found animosity of others. He came to this 
country a poor boy, indentured for his pas- 
sage money, and touched, before he got 
through, most of the extremes of human 
experience. His apprenticeship indenture 
was transferred a few months after he reached 
here for a yoke of steers and his favorite oath 
in after years was " By the bulls that bought 
me." 

He was born in Wicklow, Ireland, about 
1 746 ; his parents were poor and his father 
died when he was a boy. He attended 
school at Dublin where he got an English 
education and a respectable smattering of 
Latin. He was then apprenticed to a printer 
and bookbinder, where he got a taste for 
the " art preser\ative " that followed him 
through life ; but at the age of thirteen a sea 
captain, with glowing tales of .America, in- 
duced him to run away and come here, even 
though it meant several years slavery to pay 
his passage. Lyon in after years would be- 
come sentimental instead of combative for a 
few moments whenever he recurred to this 



experience and his last visit to his mother's 
chamber to kiss her good-bye while she 
slept. On the sea voyage he was very sick 
and tenderly ministered to by some aban- 
doned women on board who also suppHed 
his necessities for new clothing, most of his 
old having been rendered unfit for use by 
his illness. This was one of the extremes of 
life which he touched, and perhaps it helped 
to give him the broad human sympathy that 
always accompanied his resolute aggressive- 
ness. He ne\er told, or if he did it is not 
remembered, of his first fifteen years in this 
country, the working out of his indenture 
and his struggles for a livelihood. 

But he was in Vermont in 1776, for he 
then held a lieutenant's commission under 
Captain Fassett and was stationed at Jericho 
w'ith a squad of men to hold a post of obser- 
vation there. The men refused to serve be- 
cause of the unsupported position, and 
cleared out, leaving Lieutenant Lyon to 
report the facts. It was strongly surmised 
that the officers were as willing as the men 
to get away from the post and Lyon and the 
others were court martialed and cashiered 
for cowardice. The story, which his political 
enemies were careful to keep alive all 
through his career was that he was presented 
with a wooden sword, and made to ride 
about the camp, and he was called in derision 
the " Knight of the wooden sword." But 
Ceneral Schuyler reinstated him, and in July, 
1777, appointed him paymaster of the North- 
ern army. 

Before the end of that year and after the 
battle of Bennington, we find him in .Arling- 
ton and a laborer on the farm of Governor 
Chittenden, with whom he had apparently 
come to take possession of the confiscated 
estates of the Tories and who made him also 
deputy secretary for the Governor, and clerk 
of the court of confiscation until 1780. He 
got himself into one of his scrapes in later 
years and suffered some opprobrium, because 
he refused to give up the records of this 
court. 

He married the widow lieulah Galusha, 
daughter of the (Governor, an intelligent, 
warm-hearted and benevolent, though rather 
coarse woman, and was soon a rising man. 
He had before wedded a woman by the name 
of Hosford, who died after bearing him four 
children. 

He became a captain and colonel of the 
militia and served the state in its contests 
with New York. 

He represented .Arlington in the Legisla- 
ture in i779-'82, serving on important com- 
mittees. He was one of the original gran- 
tees of Fair Haven under the new state's 
authority and "moved there in 1783, having 
already established a saw and grist mill there. 
He erected an iron mill in 1785 and a 



paper mill soon after. He manufactured 
paper from bass wood, and with some suc- 
'cess, long years before it was thought of any- 
where else, and in his iron mill he turned 
out hoes, axes and various agricultural im- 
plements, but the business was mainly the 
making of iron, from the ore imported from 
abroad, into nail rods which were then man- 
ufactured into nails by hand. During the 
time of his prosperity he employed a large 
number of hands. He drew distinctions of 
honor between his business and his public 
relations that could well be emulated in these 
days of subsidy and special privileges. Once 
he endeavored to get a legislative act giving 
him the exclusive right of slitting iron in the 
state and he counted every member from 
Bennington county as a supporter of the 
bill because a political friend. But after 
hearing the arguments on both sides he 
refused to support the measure himself and 
when his name was reached in the roll call 
he asked to be excused, because his con- 
science would not permit him to so use the 
trust of the people for his private benefit. 
He was for years the king-bee of Fair Haven, 
was selectman in 1788, 1790, and 1791, the 
town's representative in the General Assembly 
ten years continuously from 1783 to 1796, 
except 1785, 1786 and 1789, and he gave 
most of his time to town affairs till the ad- 
mission of the state to the Union. He was 
•a man of multifarious activities. Besides all 
his other business enterprises he started in 
1 793 a newspaper called " The Farmers 
Library " and later through his son James, 
a political sheet, the " Fair Haven Gazette." 

In I 786 he was assistant judge of the county 
court. He plunged into politics as soon as 
the state was admitted to the Union, 
became a red-hot Democratic leader, and 
immediately a candidate for Congress. He 
contested the election with Israel Smith and 
Isaac I'ichenor in 1791, '93, '95. Party 
lines had not been very clearly formed then, 
but 'I'ichenor stood for the Federalist ten- 
dencies, and between Smith and Lyon who 
were in political sympathy, it was a matter 
of personal choice. Lyon announced his 
candidacy as that of the "commercial, 
agricultural and manufacturing interests in 
preference to any of the law characters." 
At the first election, in August, 1791, he had 
a plurality — 597 votes to 513 for Smith and 
473 for Tichenor ; but at the second trial 
Tichenor withdrew and Smith was elected by 
a majority of 391 over Lyon. The next 
election, in January, 1793, also required two 
trials, but Smith was elected. Lyon's re- 
markable strength among his neighbors was 
shown by the fact that in 1793 he got 355 of 
the 376 votes cast in Fair Haven. 

In 1795 he was elected in a close contest 
in which he and Smith were the onlv candi- 



dates, the vote being 1,804 to 1,783, and he 
took his seat in 1797, having grown steadily 
in the \iolence of his hatred of the Federal- 
ists. His first appearance in debate was in 
a long speech replying to the President's 
message. He and Andrew Jackson in the 
Senate had the distinction of being the two 
most rabid anti-Washington men in Con- 
gress. In January, i 798, he had a personal 
fray with Roger Griswold of Connecticutt 
that ruined his position in that body. In 
the course of a debate Griswold twitted him 
with the "wooden sword" story. Lyon spit 
in his face. Griswold started to give him a 
thrashing, but was prevented by his col- 
leagues. A motion of expulsion against both 
was lost by a less than two-thirds vote, though 
it had a majority. In an address to his con- 
stituents the February following justifying his 
conduct, Lyon said that if he had borne the 
insult he should have been "bandied about 
in all the newspapers on the continent, which 
are supported by British money and federal 
patronage, as a mean poltroon. The district 
which sent me would ha\e been scandalized." 

But perhaps the thing with which Lyon's 
name is most strikingly linked in history is 
his martyrdom to the alien and sedition law. 
At the October term of the United States 
court at Rutland in 1798 he was indicted 
for " scurrilous, scandalous, malicious, and 
defamatory language " about President 
Adams, written in June, fourteen days be- 
fore the passage of the law, but published in 
the \\'indsor Journal the last of July. The 
language, though Lyonesque decidedly, was 
no worse than has been used thousands of 
times in every political campaign without 
other effect than an amused pity that men 
will so lose their heads, and the prosecu- 
tion was an illustration of the dangerous 
and vicious tendency which Federalist 
ideas had taken after their great service 
in consolidating the Union. The article was 
about appointments and removals and the 
use of religion to make men hate each other 
— all legitimate though exaggerated argu- 
ment — and the offensive words about Presi- 
dent Adams were these : " Every considera- 
tion of public welfare swallowed up in a con- 
tinual grasp for power, unbounded thirst for 
ridiculous pomp, foolish adulation or selfish 
avarice." 

He was also accused of having " malic- 
iously" procured the publication of a letter 
from France which reflected somewhat 
severely on the government. Lyon pleaded his 
own case at the trial, but was convicted and 
sentenced to four months imprisonment and 
a S 1,000 fine. He was committed to jail at 
\'ergennes and treated with inexcusable hard- 
ship. But the prosecution only increased 
his ])opularity. While in the jail, he was 
re-elected to Congress bv fi\e hundred ma- 



jority. The sentence expired in February, 
1799, and he only saved himself from re- 
arrest by proclaiming that he was on the way 
to Philadelphia, as a member of Congress. 
His journey was one of triumph in a coach 
and four under the American flag and with a 
succession of fetes along the way, especially 
at Bennington. He was for the time being 
a party and popular hero. Another effort 
was made to expel him, but without success. 
In the prolonged contest over the presiden- 
tial election of iSoo, he became prominent 
by finally casting the vote of the state, which 
had been divided in the House, for Jefferson, 
and in after years when out of temper with 
that great leader, he said, " I made him, and 
can unmake him." This was of course an 
exaggeration, as Bayard, of Delaware, also 
cast the vote of that state for Jefferson, 
while Maryland voted blank, and Jefferson 
had nine of the sixteen states, without ^'er- 
mont. 

But his neglect of his extensive business 
while in jail and so immersed in politics, with 
the bitter antagonisms engendered by the 
prosecution, had ruined him financially and he 
determined to quit Vermont and start anew 
in life. So putting his affairs into liquida- 
tion, and settling his debts as best he could, 
on the expiration of his term in Congress he 
moved to Kentucky, established the first 
printing office in the state at what is now 
Eddyville, and again engaged in extensive 
business operations and was again elected to 
Congress in 1804, serving until 18 10. He 
again fell into business disaster, owing to his 
failure during the war of 1812, to deliver to 
the government in season some ships he had 
contracted to construct, and he again struck 
out to new fields, going to Arkansas, whence 
he was, in 1820, chosen the first delegate to 
Congress, but died at Little Rock, August i, 
before taking his seat. One of his sons, 
Chittenden Lyon, was also afterward a mem- 
ber of Congress. Another, Matthew, was a 
man of considerable business prominence in 
Kentucky, and a Jackson elector. General 
H. B. Lyon of Kentucky was also the latter's 
son. 

That this "ardent, combative, rough and 
ready Irishman" as Pliney H. White charac- 
terizes him, this "rough and wilful man" as 
A. N. Adams, the historian of Fair Haven, 
styles him, was a man of extraordinary 
qualities as his career sufficiently attests. 
Among the men with whom he came into 
friendly contact he was wonderfully popular. 
He was a forceful writer, an independent 
thinker, full of moral courage, and physical 
also, notwithstanding the episode of 1776. 
He dispensed a generous hospitality always. 
He was a business genius, and unsuccessful 
mainly because instead of looking out for 
himself alone he was always ambitious to 



build up prosperity around him. Perhaps 
the personal ugliness that so often appeared 
in him was due to the fact that like Ethan 
-Allen he was often a deep drinker. One of 
the traditions still preserved at .Arlington, 
where perhaps much of the old Tory feeling 
is handed down, is that of often seeing 
.Allen, Lyon and most of the old Vermont 
heroes staggering drunk through the streets 
in squads after their meetings of state. 

In 1S40, Congress refunded to Colonel 
Lyon's heirs the fine that he paid under the 
sedition law. 

MORRIS, LEWIS R.— Six years congress- 
man, prominent in the last days of Ver- 
mont's independence, and in the negotia- 
tions which resulted in her admission to the 
L'nion ; was a native of New York, where he 
was born, Nov. 2, 1760, of one of the most 
illustrious families of the colonial period. 
The family influence secured a grant of land 
for him in Springfield, which was settled 
under a charter from New York, and he 
came to the new state about 1786, and at 
once became prominent in business and 
political affairs of both the town and county. 
Though his land tides originated in New 
York authority, he came to the state after 
the controversy had practically ceased, and 
no distinction w^as made against him on this 
account. He was a member of the Benning- 
ton convention that voted to ratify the 
Federal constitution ; was influential in carry- 
ing the \ote, and was one of the com- 
missioners to Congress that completed the 
negotiation for admission to the Union in 
1791. 

He represented Springfield in the General 
.Assembly in i795-'96, i8o3-'o5-"o6-'o8. He 
was secretary of the Constitutional Conven- 
tion held in Windsor in 1793. From 1797 
to 1803 he was a member of the National 
House of Representatives, and though an 
ardent Federalist in politics, he assisted in 
ending the long contest over the presi- 
dential election of 1800, and to defeat the 
Federalist intrigue to supplant Jefferson with 
Burr, by absenting himself on the thirty- 
sixth ballot and allowing Lyon to cast the 
vote of the state for (efferson. He was 
subjected to much bitter criticism at the 
time, for this action ; but history has amply 
justified it with the revelations of after years 
about Burr's character. 

Many are the anecdotes told of General 
Morris, all going to show that he was kind 
and considerate to those in humble circum- 
stances with whom he had to deal. He was 
a complete gentleman ; the ease and grace 
of his manner under all circumstances made 
him a general favorite. Soon after settling 
in Springfield he married the daughter of 
Re^•. Buckley Olcott of Charleston, N. H. A 



CHAMBKRLAIN. 



iiS 



few years later his wife died, and he later 
married Ellen, daughter of (len. Arad Hunt 
of Vernon. He had children by both wives, 
but the descendants of the family have all 
left the state. 

The last years of (General Morris's life 
were devoted to rural pursuits on his farm 
on the banks of the Conncticut, where he 
died, Dec. 29, 1S25, surrounded by mem- 
bers of his family. 

CHAMBERL.AIN, WILLIAM.— A Revo- 
lutionary soldier, general of militia, councilor, 
judge, congressman and Lieutenant-Gov- 
ernor, was born at Hopkinton, Mass., in 
1753, and, when twenty years old, moved 
with his father to London, N. H. He en- 
listed promptly when the war for independ- 
ence opened, was in the Canada expedition 
as an orderly sergeant, and one of nine 
officers and privates out of a companv of 
seventy that survived to take part in the 
battle of Trenton, N. ). He soon after re- 
turned to his New Hampshire home, but 
volunteered again upon Burgoyne's invasion, 
and was in the battle of Bennington where 
he distinguished himself by his bravery, and 
brought away some trophies of personal com- 
bat with the enemy. He settled in Peacham 
about 1780, being clerk of the proprietors of 
the town, and was town clerk for twelve 
years ; justice of the peace twenty-four years ; 
town representative twelve years, 1785 and 
'87 to 1796, and in 1805 and 1808; chief 
judge of the Caledonia county court seven- 
teen years, 1787 to 1803, and in 1814, and 
councilor seven years, from 1796 to 1803. 

He was twice elected to Congress, first in 
1802 and again in 1808, serving only one 
term in each case. The Federalist victory 
of 1 81 3 elected him Lieutenant-Governor 
with Martin Chittenden, and they were re- 
elected in 1 8 14. He was an Adams presi- 
dential elector in 1800. He was for nearlv 
two decades one of the party leaders — facile 
and resourceful in tactics, and very strong 
before the people. But he came to the front 
in the period of his party's decline, which 
was particularly rapid in Vermont after the 
war of 18 1 2, and this fact prevented his at- 
taining further distinction. The close and 
hard-fought election of 1815 retired him to 
private life finally, though he ran a little bet- 
ter than Chittenden. He was for fifteen 
years president of the Caledonia County 
Bible Society, and of the board of trustees 
of Peacham Academv. He died Sept. 27, 
1828. 

Personally he was a man of clean and up- 
right life, sincere in all his relations, both 
public and pri\ate, interested in the forward 
movements of humanity, and of a simple 
and earnest religious faith. He had two sons 
of some distinction : Mellin, a I\Iaine law- 



yer, who was drowned in Europe in 1840, 
and William A., jirofessor of languages at 
Dartmouth, who died in 1830. Judge Mel- 
lin Chamberlain of Boston was a grandson. 

ELLIOT, James. — in Congress three 
terms, 1803-9, ^ "i^n ^^'ho had to shift for 
himself from the time he was seven years old, 
and yet, without educational or professional 
advantages, was in Congress before he was 
thirty, and was for some years the foremost 
Democrat of his part of the state. He was 
born at Gloucester, Mass., Au.^ust 18, 1775. 
His fatherwas a seafaring man and lost his life 
while the boy was yet an infant. The widow 
moved to New Salem five years later, and ill- 
health rendering it ditificult for her to sup- 
port the family, young James was placed in 
the family of Colonel Sanderson of Peters- 
ham, as the youngest and most menial 
farm servant. He was, however, taught the 
rudiments of grammar by his employer. His 
mother had before taught him to read, and 
the few books within his reach, the Bible, 
Pilgrim's Progress, Josephus' Wars of the 
Jews, Rollins' Ancient History, Dilworth's 
spelling book, and the catechism, were pe- 
rused and reperused until he was the thorough 
master of their contents. This he was able 
to supplement in later years with other 
books of travel and history, and it may be 
said to have constituted his education. 

He came to Guilford at the age of about 
fifteen, and got a position as clerk in a 
retail store, where he had the advantage of 
an acquanitance and conversations with a 
remarkable circle of literary people, includ- 
ing Royall Tyler, John Phelps, J. H. Palmer, 
John Shepardson, Henry Denison, and Miss 
Elizabeth Peck. According to his own ac- 
count, young Elliot had come to be pretty 
lawless about this time and spent a good 
share of his leisure in gambling. It was 
only a brief aberration, however ; he had too 
much mind to find lasting enjoyment in 
such things. His youthful readings had 
filled him with military ardor, and at the age 
of eighteen he enlisted at Springfield, Mass., 
as the first non-commissioned officer in the 
Second L'. S. Sub-legion, commanded by 
Capt. Cornelius Lyman, and was in the ser- 
vice for three years against the insurgents in 
Pennsylvania, and the Indians in Ohio. Re- 
turning to Guilford, he published in 1798 a 
volume of two hundred and seventy pages, 
called "The Poetical and Miscellaneous 
Works of James Elliot," including a diary of 
his military service, twenty-five short essays 
called "The Rural Moralists," a number of 
fiigitive political pieces, and some twenty 
poetical effusions, chiefly versifications of the 
Odes of Horace, but including several original 
pieces, lines of glorification on the adoption 
of the Federal constitution, an Ode to 



Equality, another to General Lafayette, 
etc. The diary part of the work is notable 
for the views it expresses on the Indian 
question, uncommon for the time, and such 
as would make him a leader in these times 
in the Indian Rights Association. The es- 
says, poems and fugitive pieces had been 
published in the Greenfield Gazette, and the 
New England Galaxy. 

Mr. Elliot had from his youth enthusiastic- 
ally taken the Democratic or Republican side 
in the political division, though he was of too 
candid a cast of mind to ever be so bigoted 
a partisan as was usual in those days. He 
was also a warm admirer and follower of 
Nathaniel Niles and took the lead in politi- 
cal discussions in this part of the state, and 
in 1S03, ha\ing in his leisure moments read 
law, was admitted to the bar and settled in 
practice at Brattleboro. He was elected to 
Congress to succeed Lewis R. Morris. On his 
retirement from congressional ser\ice, in 
1809, he published a paper for a w-hile in 
Philadelphia, then entered the army in the 
warofi8i2asa captain, but after a brief 
service returned to Vermont and resumed 
the practice of law at Brattleboro, being 
sent to the Legislature by that town in 1818- 
'19 ; afterwards removed to Nevvfane, rejjre- 
sented that town in i837-'_38; became 
county clerk, register of probate, and in the 
last two years before his death state's attor- 
ney. 

He died at Newfane, Nov. 10, 1839, 
aged sixty-four. His wife, a daughter 
of General Dow, survived him for thirty 
years, and both are buried in the Prospect 
Hill cemetery at Brattleboro. One daugh- 
ter, Mrs. D. Pomroy, of New York, was at a 
recent date the only survivor of that family. 

Mr. Elliot was a man of fine intellectual 
equipment, thoroughly honest and sincere, 
and with the force of character to make his 
mark. The mistake of his life was that his 
energies were so scattered. Samuel Elliot, 
so long a distinguished citizen of Brattle- 
boro, was his brother. 

OLIN, Gideon. — Congressman, and one 
of the founders of the state, was born in 
Rhode Island, in 1 743, and came to Vermont 
and settled in Shaftsbury in 1776. His ability 
and force of character were such as to at 
once bring him to the front in Vermont af- 
fairs, and he was a delegate to the '\^'indsor 
convention of June 4, 1777, and a represen- 
tative in the first Legislature under the new- 
state government in 1778. He was also ap- 
pointed a commissioner of sequestration that 
year. He was major of the second regiment 
under Colonel Herrick, in 1778, and after- 
wards under Lieutenant-Colonel Walbridge, 
and was often in service on the frontier dur- 
ing the Revolutionary war. During the 



WITHERELL. 

state's independence he was one of its most 
trusted leaders : being in the General Assem- 
bly fourteen years, from 1780 to 1793, and 
speaker six years, from 1788 to 1793 ; judge 
of the Bennington county court from 1781 
to 1798. After the admission to the Union 
he was equally prominent, serving in the coun- 
cil from 1793 to 1798, being again judge of 
the county court from 1800 to 1S02, and 
chief judge from 1807 to 181 1 — a total judi- 
cial service of twenty- three years. He was. 
a delegate to the Constitutional Convention 
of 1 791 and 1793, and was in Congress two 
terms, from 1803 to 1807. 

He died in January, 1823. Martin Matti- 
son says in his sketch of Shaftsbury. "Gideon 
Olin was one of the firmest supporters of the 
state, and in the hours of political darkness, 
not a star of lesser magnitude ; possessed 
great natural talents, an intuiti\e knowledge 
of mankind, was nobly free in his opinions^ 
and decided in his conduct." 

Congressman .Abraham B. Olin of New 
York was his son. Congressman Henry Olin,. 
of this state his nephew, and the descend- 
ants of distinction from him and his brother^ 
of Shaftsbury, have been numerous. 

WITHERELL, JAMES.— Patriot of the- 
Revolution and the war of 181 2, doctor,, 
councilor, congressman and United States 
territorial judge, had a stirring career. 
Born at Mansfield, Mass., June 16, 1759, of 
an old English family, he enlisted at the age 
of sixteen in the Revolutionary service, and 
continued in it from early in the siege of 
Boston, and being severely wounded at 
White Plains, until peace was won and the 
army disbanded at Newburgh in 1783, when 
he came out an officer in the Continental 
line, with just S70 in continental currency 
as pay for his eight years of fighting, bleed- 
ing and suffering for his country. With this, 
it is said, he "treated a brother officer to a 
bowl of punch, and set out penniless to fight 
the battle of life." He studied medicine 
with Dr. Billings of Mansfield, and in 1789 
settled in practice at Fair Haven, where the 
next year he wedded Amy, daughter of 
Charles Hawkins, a lineal descendant of 
Roger Williams. He was the hearty associate 
and coadjutor of Matthew Lyon in politics, 
a red-hot uncompromising Democrat. He 
represented Fair Haven from 1798 to 1802; 
was assistant judge of the Rutland county 
court 1801-3, and chief justice 1803-6; 
councilor 1802 till 1807, when he was elected 
to Congress, where he had the pleasure of 
voting for the act abolishing the slave trade, 
which was passed in 1808. 

But before his term was completed Presi- 
dent Jefferson appointed him one of the 
judges of the territory of Michigan, with 
executive and legislative duties to perform 



1 



iiiiii;ARn. 



as well as judicial, antl with a jurisdiction 
extending over a vast wilderness from the 
Great Lakes to the Pacific Ocean and con- 
taining a population of only about three 
thousand in all. Here he helped to lay out 
the new city of Detroit. Here also he had 
an opportunity to again serve his country 
bravely in the war of 1812, and he embraced 
it. He commanded a corps at Detroit and 
when the post fell before the British, he 
refused to surrender his command but 
allowed his men to disperse and escape 
while he and his son and son-in-law re- 
mained to be taken prisoners. He again 
lived in Fair Haven a few years while paroled, 
but when exchanged returned to Detroit to 
resume his mixed judicial and political duties 
which he continued with increasing use- 
fulness and honor until, in i<S26, President 
John (^uincy .Adams appointed him secretary 
of the territory. He died at Detroit Jan. 9, 
1838, aged seventy-nine. One of his sons, 
Benjamin F. H. A\'itherell of Detroit, was 
a judge of the circuit court of Michigan and 
a man of much influence. 

SHAW, Samuel. — Physician, councilor, 
congressman, and Democrat of the Matthew 
Lyon school, was born at Dighton, Mass., in 
December, 176S; came to Putney with his 
parents in 1778, and nine years later, when 
he was only nineteen years old, though he 
had had but a limited education, settled him- 
self at Castleton and began, after two years 
of study, the practice of medicine. He soon 
became a leading politician of that locality, 
and Lanman says in his "Dictionary of Con- 
gress" that he was "one of the victims of the 
sedition law. For his deunciation of the 
administration of John .Adams he was im- 
prisoned, and liberated by the people with- 
out the forms of the law." Walton says he 
is unable to verify this statement, but there 
was probably a demonstration of some kind 
to furnish a foundation for it. \)t. Shaw was 
Castleton's representative from 1800 to 1807, 
when he was elected to both Houses, but 
accepted the office of councilor. He was, 
however, defeated for re-election the next 
year, when the Federalists elected ten of the 
twelve councilors. But he was immediately 
elected a re]3resentati\e to Congress, ser\ing 
from 1808 to 18 13, being high in the confi- 
dence of Jefferson and Madison, and vigor- 
ously supporting the war measures of the 
latter. 

He had, while in private practice, won 
quite an extended reputation as a surgeon, 
and on his retirement from Congress was ap- 
pointed a surgeon in the LTnited States army, 
being stationed at different times at New 
York, Greenbush, St. Louis, and Norfolk, 
and attaining an eminence that was remark- 
able, considering his earlv ilisadvantages. He 



was indis]:iutably a man of decided native 
ability and with physical powers to corre- 
spond. He once rode on horseback from 
St. Louis to .Albany, N. V., in twenty-nine 
days. He continued in his duties as sur- 
geon throughout the war and until 1816. He 
died at Clarendon, Oct. 22, 1827. 

HUBBARU, Jonathan Hatch.— 

Jurist, born in Windsor, in 1768; died 
there Sept. 20, 1849. After receiving a lib- 
eral education he studied law and was ad- 
mitted in 1790, and practiced his profession 
with success until his election to Congress in 
1808. He served until 181 1, and in 1813 
became judge of the Supreme Court of Ver- 
mont, continuing in office until 1845. 

STRONG, William.— At two different 
times in Congress, was born at Lebanon, 
Conn., in 1763, the son of Benajahand Polly 
(Bacon) Strong, descended in the sixth gen- 
eration from Elder John Strong of North- 
ampton, the .American ancestor. Benajah 
Strong was also one of the first settlers of 
Hartford in this state, coming there in 1764 
when William was a baby. The latter was 
necessarily self-educated, denied even the 
advantages of a common school in youth, 
and gaining from contact with men and life, 
and from the reading of such books as he 
could borrow, the knowledge that made him 
a man of power and usefulness in his later 
years. He was in early manhood, for several 
years extensively engaged in making land 
surveys in Grand Isle county, a ])rofessional 
work for which he had fitted himself by his 
own exertions. Returning to Hartford and 
engaging in farming he quickly liecame a 
man of inlluence in the town and county ; 
represented Hartford in the Legislature in 
1798-99, 1801, '02, '15, '16, '17, and '18, 
and taking a leading position among that re- 
markable coterie of Democrats or Republi- 
cans, including (Salusha, Leland, Butler, 
Skinner, Richards, and Meech, who so long 
ruled the state. He w-as also sheriff of \Vind- 
sor county for eight years, from 1802 to 
iSio, judge of the Supreme Court of Wind- 
sor county in 181 7, and a member of the 
council of censors in 1834. He was first 
elected to Congress in 181 r, and served two 
terms with James Fisk, Samuel Sha\v, Will- 
iam C. PJradley, Butler, Skinner, and Charles 
Rich for his colleagues a part or all of the 
time. In 1819 he was again returned. ser\- 
ing one term. 

He died Jan. 28, 1840, at the age of 
seventy-seven. He was a man of sterling 
integrity, hearty and cordial in manner, 
thoroughly democratic in his instincts and 
bearing, broadly generous in views and ac- 
tion, and of ample mental cajiacity. He 
was throughout his public career connected 



136 




n^^^<-(rJifmC^u 



with events of large importance, and always 
acquitted himself creditably in them. 

He married, June 17, 1793, Abigail 
Hutchinson of Norwich, who bore him nine 
children. Of these, Jasper, a man of 
superior abilities, was an extensive govern- 
ment contractor before the war, and two 
others, John P. and Charles, were woolen 
manufacturers at Quechee, and the latter, 
the in\entor of valuable improvements in 
vertical and horizontal motion. One daugh- 
ter, Emily, was the wife of Hon. A. G. 
Dewey. 

BRADLE\', William C— Twice a con- 
gressman, long the leader of the Jacksonian 
Democracy of the state, and its perennial 
candidate for tlovernor, in the opinion of 
Pliney White, " all things considered the 
greatest man \'ermont has produced," and 
whom \Vebster declared to have one of the 
greatest minds in the country, was born at 
Westminster, March 23, 1782, the son of 



Senator Stephen R. and Merab (Atwater) 
Bradley. 

His youth contained abundant promise of 
his brilliant future. He began to write 
poetry when only six years old and at twelve 
his first prose work was published under the 
title of : "The Rights of Youth, composed 
revised and submitted to the candid reader 
by William C. Bradley, Esq., author of the 
poem on Allen's and Tichenor's Duel." At 
nine he had read the Bible through seven 
times and thoroughly saturated his young 
mind with the noble imagery, the right 
thought and sublime eloquence better im- 
bibed from the Scriptures than any other 
source on earth. At eleven he w-as fitted for 
college : at twelve he was studying Hebrew 
and at thirteen he entered Vale, but was ex- 
pelled before his freshman year was ended. 
At seventeen he delivered the Fourth of 
July oration at the U'estminster celebration, 
followed by an ode which he had composed. 
Both exhibited a remarkable maturity of 



137 



thought. At eighteen he was secretary of 
the Commissioners of bankruptcy, ser\ing 
for three years, and before he was of age he 
was state's attorney for Windham county, 
being specially appointed by the Legislature, 
though he had been refused permission to 
practice before the Supreme Court because 
of his youth. He held this position for 
seven years. .\t twenty-four he rei)resented 
his town in the Legislature. At thirty he 
was a member of the Governor's Council 
and at thirty-two was sent to Congress. 

His expulsion from college (for some 
prank, of w^iich he always claimed that he 
was not guilty, though he admitted that he 
deserved it on general principles) greatly 
enraged and mortified his father, who for 
discipline ga\e him a dung fork and set him to 
work on a manure heap and finally expelled 
him from home. He went to .Amherst, Mass., 
and entered upon the study of law with 
Judge Simeon Strong, and soon showed the 
manly, sturdy stuff in him, sufiiciently to win 
back the stern parent's forgi\eness, so that 
on Mr. Strong's appointment to the Supreme 
Court young Bradley returned to his home at 
Westminster and continued the study of the 
law, being admitted to the bar in 1S02. He 
was for a number of years town clerk of 
Westminster, and it was in i8o6-'o7 that he 
represented the town, and in 181 2 that he 
was in the council. Besides all his other 
accomplishments he had, through his father's 
intimacy with the great men and events of the 
time and by constant and instructive corres- 
pondence with that great statesman while at 
Washington, acquired an understanding of 
politics on their practical and personal, as 
well as their philosophic side, that was an 
education of itself. Few men ever entered 
public life so thoroughly and admirably 
equipped or so certain of winning the largest 
fame ; but he soon developed a strong dis- 
taste for office holding, while his love of 
home life was unceasing. Besides, after the 
formation anew of party lines after the ad- 
ministration of John Quincy Adams, he was 
in the minority party, and pleased to be so, 
though he enjoyed leading the Democracy in 
its up-hill fight, and did so with \ery great 
skill at times and with a relish that was in 
inverse proportion to his chance of being 
elected. He was the Democratic nominee 
for Governor in 1S30, i834-'35-',36, twice 
in i837-'38 driving the choice to the Legisla- 
ture, holding the organization together against 
the .Anti-Masonic wave, playing warily but 
unsuccessfully against Seymour to get the 
remnants of that mo\ement when it should 
collapse, and still heading the ticket after the 
Whigs had gained a secure ascendency in the 
state. But when the extension of slavery 
became the issue of our politics he was 
prompt to join the Free Soil jjarty of 184S, 



and afterward the young Republican party, 
in company with many others of his old 
associates, and he headed the Fremont elec- 
toral ticket in 1856. 

He was first elected to Congress as a Jef- 
fersonian Democrat in 181 2, and was an 
ardent supporter of the war policy of the 
Madison administration. He was the friend 
and intimate associate of Clay, .\dams, Web- 
ster, Calhoun, Graudy, Forsyth, Pickering 
and men of that stamp, who were all won and 
charmed by his wonderful versatility. It may 
be that he shone too much in the drawing room 
and social circle for the best achievements 
in committee and on the floor. At the ex- 
piration of his term he was appointed agent 
of the United States, under the treaty of 
(;hent, for fixing the northeastern boundary, 
a work that required five years, and which 
he regarded as the greatest service of his 
public life. He went in person to the wild 
region in dispute and laid down the line 
which, rejected by (^reat Britain and dis- 
puted over almost to the point of war, he 
had the satisfaction of finally seeing adopted 
by the .Ashburton treaty. He was again 
elected to Congress in 1822, and re-elected 
in 1824, and this substantially closed his 
office-holding, though he again represented 
Westminster in the Legislature of 1850 and 
was a member of the constitutional conven- 
tion of 1857. During his last term in Con- 
gress he had a rupture with President .Adams 
over what he considered a breach of faith 
on the latter's part. This was the immediate 
occasion of his retirement, and naturally also 
of his allegiance to the Jacksonians, as 
party lines were reformed, though his sym- 
pathies and antecedents were such as would 
have made him a Democrat anyway. He 
had some part in the tariff debates of that 
time, though always moderate in his views, 
which he well summarized in after years in 
his eulogy of Webster, when he said, "Tariffs 
are, of necessity, alway matters of expedi- 
ency, and an unchanging one would in time 
defeat itself." 

In 1858, he took formal leave of the bar, 
after fifty-six years of constant practice, ex- 
cept when called away by public duties, 
with the most brilliant success, and always 
as the acknowledged head. The banquet 
and toasts on this occasion at Newfane 
formed one of the most interesting annals 
of the Windham county bar. The sunset 
years that followed were indeed beautiful. 
He had been called a free thinker, because 
he was willing to read and to discuss can- 
didly all that was written on the great prob- 
lems of life, the works of the German infidels 
as well as the Scriptures whose thought and 
feeling had been interwoven with every fiber 
of his mind in childhood. He was a truth 
seeker always, but never a scoffer. "Theol- 



138 



ogy'' he once said "is the noblest profession, 
law is second to it." "My boy," he said to 
a pert fellow once, "never make sport of the 
religious worship of any sect, no true gentle- 
man will do it." Shortly before his death 
he remarked to a minister "As I grow older, 
my faith grows simpler ; I come nearer and 
nearer to the simple truth of salvation by 
Christ." A correspondent of a New York 
paper, who visited him about this time, 
wrote, "He was portly and florid, as if fed on 
roast beef and port; but redeemed from the 
sensual by a massive, noble-formed head. 
He had a keen bright eye, which gave me 
at once a glance into that capacious brain, 
as I have sometimes peeped through the 
window of a conservatory and caught a vis- 
ion of rich masses of foliage and rare flowers. 
* * * It is delightful to see this man in the 
green November of life, hale and hearty, 
ripened and mellowed, with all the juices of 
a kindly nature flowing in a full, strong cur- 
rent in his veins. Such a spectacle does 
one good ; we understand better the capac- 
ity and power of the human soul to enjoy 
and impart enjoyment." 

He died at Westminster in March, 1867, 
at the old homestead where he had remained 
after bringing the remains of his fondly 
loved wife from Brattleboro, for interment 
in the family tomb in the .August preceding. 
She was a daughter of Hon. Mark Richards, 
a woman of rare beauty of person, and had 
mingled in the politest society of the time, 
to whom he plighted troth when they were 
school boy and girl together and between 
whom love and devotion grew till at the age 
of eighty-four death separated them. There 
were four children of whom only two, Jona- 
than Dorr and Merah Ann, who afterwards 
married Judge Daniel Kellogg, survived 
until maturity. 

Mr. Bradley with his rich imagination and 
vast stores of learning from English, French, 
German, Latin, Greek, Arabic and Hebrew 
literatures, his keen wit and wholesome 
nature, was a good deal of a poet and some 
of the scraps which he dashed off, notably ".-\ 
Ballad of Judgment and Mercy," may fairly 
be counted among the gems of our litera- 
ture. 

Rev. Pliney H. \\'hite in the estimate above 
quoted of him, says: "Williams may have 
equalled him as a lawyer, Collamer as a 
reasoner, Phelps as an orator and Marsh may 
be a peer in multifarious learning ; but 
neither of them, nor any other Vermonter, 
living or dead, who has come to my knowl- 
edge, has been at once lawyer, logician, 
orator and scholar to so eminent a degree. 
His personal presence was that of a remark- 
ble man." 

And E. P. Walton says, " Rich in the 
wisdom that comes from learning, reflection 



and intercourse with the ablest men of the 
country, he had also a ready wit and a large 
fund of anecdotes, so that in public ad- 
dresses or social converse he was charming." 

Rev. J. F. Fairbanks, says "He possessed 
a wonderful memory, accompanied with rare 
conversational powers. His capacious mind 
seemed an inexhaustible reser\'oir of learn- 
ing, wit and wisdom, which poured forth in 
a full torrent from his powerful, yet melodi- 
ous voice, that would hold the delighted 
hearers entranced for hours." 

J. Dorr Br.adlf.v, was of the third gen- 
eration of this remarkable family, and by 
many good judges rated as the most brilliant 
intellectually of all, with the large practical 



i»«i^ 




J. DORR BRADLEY, 

talent of his grandfather, and the rich origin- 
ality of his father developed into positive 
genius. He held no public office higher than 
that of representative in the Legislature from 
Brattleboro, though he was several times the 
Democratic candidate for Congress from his 
district. Indeed, he had very little ambi- 
tion for official place which he could have 
readily commanded after the formation of 
the Republican party, of which he early be- 
came a member. He was also utterly without 
care for money. His tastes and desires were 
all intellectual ; the only acquisitions for 
which he cared were those of law, literature 
and science, with liberal enrichment from the 
humorous and the knowledge of contact with 
life. 

lonathan Dorr Bradley was born at West- 
minster in 1803, the son of William C. 



139 



llradley. He graduated from \'ale, studied 
law in his father's office, began practice at 
lieliows Falls, but mo\ed to Brattleboro 
about 1S32. It was in 1856 that he repre- 
sented that town in the Legislature, and 
greatly distinguished himself in the debate 
over the new state house question. He was 
prominent in the \'erniont and Massachu- 
setts R. R. enterprise, and was on the first 
board of directors of the company. Pro- 
fessionally, he stood for years admittedly at 
the head in this portion of the state, and one 
of the two or three leaders of the brilliant 
bar of ^'ermont. As a pure lawyer, a rea- 
soner from foundation principles, he was 
great and masterful, and added to that, in the 
words of the tribute of a committee at the 
session of the U. S. circuit court after his 
death, "his varied and elegant acquire- 
ments as a scholar, his general and attractive 
qualities as a man * * professional labors en- 
riched by learning so complete, by wit so 
rare, and sense so full, and inspired always 
by so thorough an appreciation of what be- 
longed to the lawyer and the gentleman," it 
is not to be wondered that he won so large a 
fame. E. P. Walton says of him : "His 
reading was extensive and recherche, his 
memory was retentive, his style of conversa- 
tion was playful and captivating, and always 
appropriate to his theme, his perceptions 
were quick and vivid, his illustrations apt 
and beautiful, and his whole air and manner 
reminded us of the school of elder time.s in 
which he had his training." He was always 
fond of mechanical and scientific investiga- 
tions, and especially strong, of course, in 
those lines of law that were allied to these 
studies. He was facile in adapting himself 
to all grades of intellect, a keen judge of 
human nature, and so a jury advocate of 
tremendous power. Thousands are the 
anecdotes that still linger in local annals 
of his wit and readiness at repartee. Withal 
he was something of a poet and dashed off 
at different times soine good specimens of 
verse, especially of a satirical kind. 

He married at Bellows Falls, in icSii;, 
Susan Crossman, who bore him four children : 
William C, a Harvard graduate in 1851, now 
librarian at Brattleboro : Richards, of EJoston 
and Brattleboro : Stephen Rowe of New York, 
and of the firm of Hall, Bradley & Co., exten- 
sive manufacturers of white lead ; and .Arthur 
C, an .Amherst graduate in 1876, and now of 
Newport, N. H., and who has won fortune 
by the genius of mechanics and scientific 
experiments which he inherited from his 
father. 

Mr. Bradley died after three weeks of ill- 
ness from fe\er, in September, 1862. 

RICH, Charles. — Congressman for ten 
years, was a thoroughly representati\e Ver- 



monter in the first ijuarter of this century 
with its \igorous 1 )emocratic growth, healthy 
hard-working pros]jerity and beautiful home 
life. He was born in Warwick, Mass., Sept. 
13, 1 77 1, and came to Vermont with his 
father, Thomas, in 1787, going all the way 
to Shoreham on foot. Charles at the age 
of twenty-nine vvas elected representative 
from Shoreham to the Legislature and was re- 
elected eleven times. He served as county 
judge six years. He was first elected to 
Congress in 18 12, and constantly re-elected, 
except for the term of i8i5-'i7, till 1825. 
He was there a member of practical useful- 
ness, a ready debater, well and (juite widely 
informed, with a habit of thoroughly study- 
ing every subject that came before him, so 
constantly growing more active and promi- 
nent in service. He had only a limited 
education, attending school only three 
months when he was fifteen years old, his 
aid being required by his father in erecting 
mills, clearing land, etc., but he was always 
a great reader, especially of .Addison's Spec- 
tators, had a retentive memory and a faculty 
of analysing and assimilating his informa- 
tion, and he early began to discipline his 
mind by committing his thoughts to writing. 
.As a youth he was often called upon for ora- 
tions on public occasions. His mind was 
well balanced and considering his opportun- 
ities, a well trained one, his knowledge of 
human nature was penetrating, and his fine 
personal ajjpearance and his open bland 
manners fitted him for the great popularity 
he so long enjoyed. He continued, along 
with his ]Hiblic duties, the mill business 
which his father established, and he took a 
cold from working in the water for several 
days on some repairs, and died from the con- 
sequences Oct. 15, 1824, aged fifty-three. 

He wedded at the age of twenty a daugh- 
ter of Nicholas Wells, to whom he had been 
attached since childhood and toward whom 
he was a lover to his last day, and the affec- 
tion evidenced by his correspondence with 
her and with the children is inspiring for 
the depth and richness of life's possibilities 
which it shows. He commenced life with 
one cow, a pair of steers, six sheep and a few 
articles of furniture, on about forty-five 
acres of land which Mrs. Rich's father had 
given them, but by industry and prudence 
from this small beginning he became a \ery 
wealthy man. 

OLIN, Henry. — Both Lieutenant-Gov- 
ernor and congressman and a leader of the 
Jeffersonian Democrats to their long con- 
trol of the state, vvas born in Shaftsbury, May 
6, I 768, the son of Justice and Sarah (l)win- 
ell) Olin, and a nephew of the distinguished 
patriot, Gideon Olin. The family was a 
Rhode Island one. Henrv settled in Leices- 



140 



ter in 1788 and it was there that he passed 
his active life and won his distinction. 
He was chosen to the Legislature in 1 799 
and steadily re-elected, except four years, 
until 1825 and was elected to the council in 
1820 and '21. This twenty-three years of 
legislative service was matched by a similar 
period on the bench. He was elected assist- 
ant judge of the county court in 1801, when 
only twenty-three years old, and held the 
place eight years, then being chosen chief 
judge and serving for fifteen years more. In 
1824 he was elected to Congress to fill the 
unexpired term of Charles Rich. He was 
chosen Lieutenant-C.overnor in 1827, and for 
the three years subsequently. His popularity 
was so great that he had the nearly unani- 
mous vote of his town for Governor in 1827. 
He was a member of the constitutional con- 
ventions of i8i4,'22,and '28. He became 
a \\'hig after that party was formed and 
about that time retired from public life after 
nearly forty years of almost uninterrupted 
service. 

He was undeniably a strong man — one of 
the "self-made," so-called — winning his way 
upward, in spite of his limited early educa- 
tion, by his native wit, shrewdness and 
vigorous common sense. He was almost 
Lincolnlike in his exhaustless fund of stories 
and apt illustrative humor. He had a great 
unwieldy frame, but such was the sense of 
power that went with it that it is said, wher- 
ever he went, men, women and children 
would abandon any task to look at him. He 
mixed his Jeffersonian Democracy with zeal- 
ous Methodism, and of his nine children 
one, .Stephen Olin, I). D., became a famous 
Methodist divine in the South, professor of 
belles lettres in Franklin College, Ga., presi- 
dent of Randolph, Macon and Wesleyan 
Colleges, and author of "Travels in Holy 
Land " and other books. 

Henry Olin died at Salisbury in August, 
1837, having moved there the spring before. 

CHIPM.^N, Daniel.— Brother of Na- 
thaniel, the youngest of seven sons who were 
all distinguished men, congressman for one 
session, legislator, speaker, biographer of 
his brother. Gov. Thomas Chittenden, and 
Seth Warner, and a law writer of some note. 
He was born at Salisbury, Conn., Oct. 22, 
1763, fitted for college with his brother, 
Nathaniel, at Tinmouth, graduated from 
Dartmouth in 1788, studied law with his 
brother, opened an office in Poultney in '90 
but moved to Middlebury in '94. He rep- 
resented Middlebury in the Legislature 
several times between 1798 and 1808, and 
also in 1812-13-14-18 and 21, was speaker 
of the House in '13 and '14, and was a 
meiiiber of the Governor's council in 1808. 
In 1814 he was elected to Congress, but 



had to resign because of ill-health after one 
session. In 1828 he moved to Ripton, 
where he had large property interests and 
where he did most of his literary work. 
His biographies cannot be praised as either 
very interesting or instructive, though of 
course they have preserved a few facts from 
loss, especially in the history of the state 
under Chittenden. 

In 1822 he published a treatise on law 
contracts for the sale of specific articles 
which is highly esteemed by the profession 
and was commended by Kent, Story and 
other jurists. In 1823 the Legislature ap- 
pointed him reporter of the decisions of the 
Supreme Court, the necessity of which work 
he had strenuously urged, and he had pub- 
lished one volume of reports when ill-health 
compelled him to resign. His law pactice 
was extensive and in his younger years took 
him regularly to all the courts in Rutland, 
Bennington, .Addison and Chittenden coun- 
ties. He was state's attorney for Addison 
county for twenty years, from 1797 to 181 7. 
He was a member of five different Consti- 
tutional Conventions in 1793, 1814, 1836, 
1843 and 1850. In attending the latter at 
the age of eighty-four he incurred the 
disease that ended in his death. In the 
convention of 1843 he was conspicuous in 
the debate over the amendment for the 
establishment of the state Senate which was 
adopted by a small majority. E. P. Walton, 
who saw him there, says he strongly re- 
sembled John Quincy Adams in personal 
and intellectual qualities, and " with equal 
advantages in culture and experience in lofty 
statesmanship, Mr. Chipman would certainly 
have won high repute in the nation." His 
ideas were considerably different from his 
brother's, or rather ran to an extreme from 
the same premises, for his writings are not- 
able for the distrust they express of democ- 
racy, while some of his brother's grandest 
achievements had their roots in that trust. 
In state politics Daniel Chipman will proba- 
bly be longest remembered for his part as 
speaker of the Assembly in carrying through 
the seating of Gov. Martin Chittenden. The 
details of the affair are given in the sketch 
of Governor Galusha. Chipman's part was 
to refuse to yield his chair to the Governor 
for a joint assembly the second day, holding 
that the report of the canvassing committee 
the first day, that there was no choice, was 
conclusive, and that the two Houses had no 
power to canvass the votes or to act on the 
subject otherwise than by concurrent resolu- 
tions to meet and elect a Governor. In 
other words he held that the Legislature 
had no power to act on the report of its own 
committee ; if there had been a deliberate 
and palpable falsification of the figures there 
would have been no escape. In this case it 



jEWErr. 

amounted to nearly the same thing, for the 
action prevented any consideration of ques- 
tions of law and- fact, whether (certain votes 
should be counted or not, on which the 
result turned. To the lay mind it looks like 
a curious doctrine for so great a lawyer as 
Mr. Chipman. .-Xt any rate it was unexpected 
for the joint assembly had adjourned to the 
next morning for just that consideration and 
Speaker Chipman's action assumed to dis- 
solve it. 15ut he said he had satisfied him- 
self by an examination of the constitution 
during the night that this was the proper 
action, and Governor Calusha and his sup- 
porters were unable to help themselves with- 
out violence. Afterwards, while the dispute 
over the election was in progress, Chipman 
ended it by escorting Chittenden to the 
chair and having him sworn in as Governor. 

He was a liberal supporter of Middlebury 
College and a member of the corporation 
from the beginning. He received the degree 
of I.L. D. from it in 1849. 

He married, in 1796, Elatheria, sister of 
Rev. Lemuel Hedge, of Warwick, Mass., sister 
of Prof, Levi Hedge, of Harvard. 

J E W E T T, Luther. — Congressman, 
physician, preacher, and editor of St. Johns- 
bury's first paper, was born at Canterbury, 
Conn., in 1772, graduated at Dartmouth in 
1792, and came to St. Johnsbury in 1800. 
He began his career there with the practice 
of medicine and kept it up more or less all 
his active life. He was later licensed to 
preach by the Coos .Association, and supplied 
the pulpits of Newbury and other towns for 
ten years. In 1827 he started the first paper 
in St. Johnsbury, which he styled the Friend, 
and issued chiefly to combat .iXnti-Masonry, 
to which he was strenuously opposed, though 
he gave considerable attention to slavery and 
intemperance. The next year, July 3, 1828, 
he issued the first copy of the Farmers' Her- 
ald, Whig in politics, but ably edited, and 
which he continued for four years, when de- 
clining health compelled him to abandon it. 
In 1815 he was elected to Congress from the 
northeastern district of the state, but served 
only one term. He was a man of varied ac- 
quirements, scrupulously just, and all through 
his later years was one of St. Johnsbury's 
most honored citizens. He died in i860 at 
the age of eighty-seven. 

LANGDON, HON. ChaunCY.— Rep- 
resentative in Congress, i8i5-'i7, state leg- 
islator and councilor, was a man of very 
considerable power, who was kept from the 
public employment his talents merited, by 
the fact that he was a Federalist in a strongly 
Democratic locality. 

Among the families that came early from 
Connecticut to the New Hampshire Grants, 



I.ANGDON. 141 

when it was probable that they would soon 
be admitted into the .Vmerican Union as a 
new state, were the Langdons. Chauncv 
was the second son of F^benezer I.angdon of 
Farmington, Conn., where he was born Nov. 
8, 1763. Having by his own efforts, secured 
for himself a collegiate education, graduating 
at Vale in 17S7, and studied law at Litch- 
field, he determined to seek his fortune in the 
new state, and removing to "the Grants" in 
1788, he pursuaded his parents and his five 
brothers and sisters to go with him, Thev 




went first to Windsor, where his parents and 
older brother, Ira, remained. The young 
lawyer, however, with the younger members 
of the family settled in the new \illage of 
Casdeton, between Rutland and Skeensboro. 
Here Mr. Langdon became an influential 
member of the community, in consequence 
not only of his superior education and abili- 
ties, his force of character and his unflagging 
industry and energy, but even more on ac- 
count of his capacity for public affairs and 
his proud integrity and thorough uprightness. 
He was register of probate, i792-'97, and 
judge of probate in 1798 and 1799. He 
represented Castleton in the General .Assem- 
bly in 1813 and '14, '17, '19, and '20, and 
'22. He was elected to Congress with the 
full Federalist delegation in 1814, during the 
last war with England. But it was nearly the 
last effort of Federalism in Vermont. The 
delegation went out at the end of its first 
term and the party thereafter went rapidly to 



pieces. But Mr. Langdon who had been a 
councilor for one term in 1808, was again 
elected to this body in 1823 and continued 
until his death in 1830, While in Congress, 
and indeed so long as the party lasted, he was 
a Federalist of the most pronounced type, 
strong and sturdy in temper and character, 
a representative Vermonter of the day. He 
was a trustee of Middlebury College for nine- 
teen years, from 181 1 until his death; and 
for many years president of the State Bible 
Society. 

"Squire Langdon" brought with him from 
Connecticut a young wife, Lucy Nona 
Lathrop, daughter of the Rev. Elijah Lath- 
rop of Hebron, who, as "Lady Langdon," 
is remembered by some yet living. Besides 
children who died in early life, they left one 
daughter and two sons : Lucy, who married 
Charles K. Williams of Rutland, afterwards 
chief justice and Governor of the state : 
Benjamin Franklin, who succeeded his 
father as lawyer and judge at Castleton ; and 
John Jay, who removed from Vermont to 
Washington, D. C, and afterwards to the 
South. 

The Hon. Chauncy I^angdon died July 
23, 1830. and with his wife, who survived 
him four years, is buried at Castleton. 

L YON , ASA. — Representative in Congress 
1815-'! 7, member of the Governor's Council 
one year in 1808, for eight years a member 
of the lower house of the Legislature, for 
four years chief judge of the Grand Isle 
county court, a preacher who preached a 
life-time without pay, and yet died the 
wealthiest man in his county, was one of the 
unique characters of our history. He be- 
longed to that remarkable generation of 
clergymen, including Nathaniel Niles, Ezra 
Butler and .Aaron Leland, that had so de- 
cided an influence in the state's adolescent 
period. He was always a hard fighter in 
theology and politics and in money getting, 
a man as cordially hated and roundly de- 
nounced by his enemies as ALatthew Lyon 
(to whom he was in no way related), and 
yet within his range exercised the completest 
influence and commanded the most devoted 
following, which was very likely only strength- 
ened by his eccentricities. 

Rev. Asa Lyon was born at Pomfret, Conn , 
Dec. 31, 1763, graduated from Dartmouth 
in I 790, and for nearly a year, from Octo- 
ber, 1792, to September, 1793, was pastor of 
the Congregational church at Sunderland, 
Mass., where he got into some controversy 
that resulted in his leaving. Soon after he 
appeared at Grand Isle, which was origin- 
ally united with North and South Hero in 
one town under the name of the Two Heroes, 
then divided into two and finally into three 
towns. Here he organized the Congrega- 



tional church, and was its first minister and 
continued to serve it for over forty yeais, 
though he was never installed as pastor, but 
was elected by the members. \Vhen after 
a few years a difficulty arose about its sup- 
port he declared that his pastoral services 
should be gratuitous and so they ever con- 
tinued to be. One of his motives in this 
action was to match the Methodists, who 
were in those days declaiming against sala- 
ries. But while he proclaimed a free gospel 
he had an eye for the dollar in other direc- 
tions, and was all his days a shrewd and ex- 
acting, though strictly just, business man, 
frugal to the point of penuriousness and 
never giving money to any charitable object, 
regarding his contribution of services as 
sufficient for him. 

He secured a fine tract of the most valua- 
ble land in North Hero, richly timbered, and 
built a house of cedar logs containing just 
two rooms and a lobby, in which he lived 
and wrote, reared his family, and transacted 
his business until in later years, after he had 
got wealthy, he built a brick house. He 
never made pastoral calls, except in sickness, 
but required people to come to him on 
church matters as well as other business, 
summoning each one by letter, for which he 
used about a tenth of a sheet of foolscap. 
His economy of time was as severe as of other 
things, and enabled him to do thorough work 
in each of his multifarious employments. 
With all the rest he had, because his wife (a 
Miss Newell from Charlotte) was crazy for 
many years, to carry the cares of the family 
and the rearing of five children. He was 
not too stingy to own a copy of the Edin- 
burgh Encyclopedia, and he studied it and 
made himself master of vast masses of its 
information. With his assimilative powers 
of mind, his vigor and positiveness of logic, 
he was regarded, as he was in fact, a very 
learned man. Theologically, he belonged to 
the Jonathan Edwards school, and he was 
the moulder of the religious thought not 
only of his congregation, but of the minis- 
terial associations of that part of the state. 

He was also for a long period its foremost 
public man and its political leader. He 
represented South Hero in the (General As- 
sembh' 1799 until 1S03, 1804 until 1807, and 
in 1S08 for a short time until he entered the 
council. He was Grand Isle's representa- 
tive from 181 2 until 18 15, when he was 
elected to Congress, being the third of the 
council of 1808 who succeeded in the same 
Congress. He was chief judge of the county 
court in i8o5,-'6,-'8 and '13, being in 
nearly continuous public service for eighteen 
years. 

In politics he was a thorough-going Fed- 
eralist, and W'ith Chipman and .\rad Hunt 
was in constant tilts in the Legislature with 



143 



such leffersonian champions as WilUain C 
I'.radlev, James Fisk, Fzra IJutler, Aaron l.e- 
land, Henry ( )lin, Charles Rich, Mark Rich- 
ards, Titus Hutchinson, and Samuel Shaw, 
who all but two afterward became congress- 
men. 

He leil the opposition to Governor 
Cialusha in the Legislature of iSii, and 
moved a substitute to the address of the 
committee in reply to the Governor's ad- 
dress. When he was elected to Congress, 
so the story goes, he decided that he must 
have a new suit of clothes. So he sheared 
the wool from one of his sheep, did the card- 
ing, spinning and weaving in his own family, 
]irocured butternut-tree bark for the dyeing, 
and had the suit made up by a woman who 
was owing him. Thus he fitted himself out 
for service in the halls of national legisla- 
tion without the expenditure of a penny in 
cash. Though his service in Congress ex- 
tended only through two years, it was 
enough to impress his colleagues with his 
powers. -Another anecdote illustrates this : 
( )ne of the committees on which he served 
had a bill to frame of more than ordinary 
importance, and a member remarked ; 
"Lyon will draft it so strong nothing can 
break it. Let us go down to him to-night ; 
but we must buy the candles." 

The late Charles Adams of Burlington 
said : "There have been two men in the 
state whose intellect towered above all 
others ; one, 'Nat' Chipman of Tinmouth, 
the other .Asa Lyon of Grand Isle." Said 
one of his old parishioners : "People would 
talk about Father Lyon and his peculiarities 
but when he arose in his pulpit every one 
forgot the man, or the peculiarities in the 
man ; with such a dignity he looked down 
upon his assembly, with such a commanding 
power of eye, voice, thought, he drew every 
one up to him and carried them with him. 
All, whether pulpit audience, political op])o- 
nent or theological controversialist to be 
brought over, were not more irresistibly 
than agreeably drawn to his conclusions." 
Rev. Simeon Parmalee in his sketch of him 
for the Gazetteer, describing his personal 
appearance, said : "He was a great man in 
stature and in powers of mind. He had a 
dark complexion, coarse features, powerful 
build, more than six feet in height, large 
boned, giant-framed and a little stooping." 

He died April 4. 1841, in his seventy- 
eighth year. 

MARSH, Charles.— Congressman one 
term, but greatest as a lawyer, standing undis- 
jnitedly at the head of the bar of the state 
tor many years, was a member of one of the 
remarkable families of the state, being the 
son of Lieut. Gov. Joseph Marsh. "He was 
born at Lebanon, (^onn., July 10, 1765, but 



came to Hartford, in this state, with the 
lamily in 177,5. lie was graduated from 
Dartmouth, in 1786, took a course in the 
famous law school of Judge Reeves at Litch- 
field, Conn., and established himself in 
])ractice at Woodstock. His honors were 
nearly all in the line of his profession up to the 
time of his election to Congress. He was ap- 
jiointed in 1797 by President Washington to 
the then comparatively unimportant position 
of district attorney for the district of Vermont, 
ser\ing until 1801. In 1814 he was electecl 
to Congress but served only one term. While 
in Washington he became identified with the 
.American Colonization Society as one of its 
founders. He acquired great popularity as 
a patron of benevolent societies generally, and 
was a highly influential and useful citizen. 
He made three notable speeches while in the 
House, on the tariff, the war with Mexico, 
and the Smithsonian Institution, the latter a 
particularly thoughtful one. He was chosen 
one of the board of trustees of Dartmouth 
College in 1809, and continued as such until 
his death. 'Lhe degree of LL. D. was con- 
ferred on him by this institution. 

He was twice married — first, June 18, 
I 793, to Xancy Collins of Litchfield, Conn., 
and second, after her decease, to Susan, 
widow of Josiah Arnold of St. Johnsbury, 
and daughter of Dr. Elisha Perkins of Plain- 
field, Conn. There were two children by 
the first wife, and five by the second. One 
son, Lyndon Arnold, was a lawyer at Wood- 
stock for thirty-three years, and register of 
probate for that district. Another son, 
Charles, a lawyer at Lansingburg, X. \'., 
died at the age of twenty-seven. Joseph, 
the third son of the second marriage, was 
professor of theory and practice in the Uni- 
versity of Vermont. The youngest son, 
Charles, spent his life on the paternal estate. 
The daughter by the first marriage married 
Dr. John Barnell of Woodstock, and the 
daughter by the second marriage, who died 
when only thirty-four, was the wife of Wyllys 
Lyman, a Hartford lawyer. 

Mr. Marsh died at Woodstock, Jan. 11, 
1849, in the eighty-third year of his age. 

NOYES, John.— Representative in Con- 
gress 1815-'! 7, and for years one of the 
leading business men of the southeast part 
of the state. He was born at Atkinson, X. 
H., a descendant of one of the earlv settlers 
of Massachusetts, and of an unusually learned 
and scholarly family. He was graduated at 
Dartmouth in 1795, and became a tutor 
there, and had among his pupils Daniel 
Webster, who in after life admitted his debt 
intellectually to the tutor. Mr. Xoyes en- 
gaged in theological study and fitted himself 
for the ministry, but gave it up because of 
ill-health and returned to teaching, had 



144 



charge of the Chesterfield, N. H., Academy 
for a time, and in 1800 moved to Brattleboro 
to engage in mercantile trade with (leneral 
Mann, the grandfather of the wife of Gen. 
George B. McClellan. There were several 
famous connections through the firm of 
Noyes & Mann. A partner of one of its 
branches, at Wilmington, was Rutherford, 
father of President Rutherford B. Hayes. 
Mr. Noyes' oldest son was John H. Noyes, 
founder of the (.)neida, N. Y., Perfectionist 
community, which had its first start at Put- 
ney. His eldest daughter was Mrs. L. G. 
Mead, mother of the famous sculptor of that 
name. 

The firm did a heavy business, with stores 
at Brattleboro, Wilmington, \\'hitingham and 
Putney, and rapidly amassed wealth. 

Mr. Noyes represented Brattleboro in the 
General Assembly of 1 80S-' 10 and 181 2, 
and in 1815 was elected to Congress, serv- 
ing one term as contemporary with Clay, 
Randolph and other celebrities. On his 
return from Washington he moved to Dum- 
merston, where he lived for four years, and 
then retired from active life to a farm in 
Putney, where he died Oct. 26, 1841, at the 
age of seventy-eight. He wedded, in 1804, 
Polly, the oldest daughter of Rutherford 
Hayes, the grandfather of the President. 

ALLEN, HEMAN.— "Chili" Allen, as he 
was called to distinguish him from his distant 
relative and long political opponent, but per- 
sonal friend and for many years close neigh- 
bor, Heman Allen of Milton, who was also 
in Congress, was a son of Heber Allen and 
nephew of Ethan and Ira, born at Poultney 
in 1779. After the death of his father he 
was at an early age adopted into the family 
of his uncle Ira at Colchester and given a 
good education, graduating from Dartmouth 
in 1795. He adopted the profession of law, 
but did not practice very extensively as he 
was in public life nearly all his days. 

He was sheriff of Chittenden county in 
1808 and 1809; from 1811 to 1814 he was 
chief justice of the Chittenden county court ; 
from 181 2 to 181 7 he w^as an active mem- 
ber of the state Legislature : was appointed 
quartermaster of militia, with the title of 
brigadier, and was a trustee of the Univer- 
sity of Vermont. He was first elected a 
representative in Congress from Vermont in 
1S17, but resigned in 181S to accept from 
President Monroe the appointment of United 
States marshal for the district of Vermont. 
In 1823 he received from the same President 
the appointment of minister to Chili, which 
he resigned in 1828 ; in 1S30 he was ap- 
pointed president of the L'nited States 
Branch Bank at Burlington, which he held 
until the expiration of its charter, after 
which he setded in the town of Highgate, 



where he died of heart disease April 9, 1852. 
His remains were brought to Burlington and 
interred in the Allen cemetery there. He 
had much of the .Allen ability. 

HUNTER, Willi A.M.- -Was born in Ver- 
mont ; was a member of the Legislature in 
1807, 1809 : was a state councilor in 1809, 
1 8 14 and 1815 ; was elected a representative 
from Vermont in the Fifteenth Congress, 
serving from Dec. i, 1817 to March 3, 1819. 

MERRILL, ORSAMUS C— Printer, law- 
yer, judge, congressman and councilor, was 
born at Farniington, Conn., June 18, 1775, 
came to Bennington in April, 1791, and was 
apprenticed to .Anthony Haswell. On com- 
pleting his apprenticeship he engaged in 
the printing business for himself, and his 
first printed book was a U'ebster's spelling 
book. He then studied law and was admit- 
ted to the bar in June, 1804. 

He entered the military service in the 
war of i8i2-'i5, and was made major in the 
eleventh Ignited States infantry, March 3, 
1813; lieutenant-colonel of the twenty-sixth 
infantry as riflemen, Sept. 4, 18 14, and 
transferred back to the eleventh infantry as 
lieutenant-colonel, .Sept. 26, 1814. He was 
register of probate 1815 ; clerk of the courts 
1816 ; member of Congress i8r7-'i9 ; repre- 
sentative of Bennington in the Constitu- 
tional Convention and General Assembly in 
1822 ; judge of probate court in 1822, 1841, 
1842 and 1846: state's attorney 1823 and 
'24; councilor 1824 and 1S26, and member 
of the first state Senate. Governor Hall 
states that he was also postmaster for sever- 
al years. He was a candidate for re-elec- 
tion to Congress in 18 18, and the joint 
assembly declared him elected, but R. C. 
Mallory, the opposing candidate, contested 
his claim, showed that the result was de- 
clared for Merrill before the returns from 
several towns had been received, and the 
result was that Mallory was given the seat. 

Mr. Merrill lived in the honor and respect 
of his fellow-citizens, until he reached the 
age of eighty-nine, dying April 12, 1865. 
The late Timothy Merrill, of Montpelier, 
who held many responsible positions in the 
public service, was his brother. 

RICHARDS, Mark —Councilor, Lieu- 
tenant-Go^■ernor, congressman, and one of 
the brilliant coterie of Jeffersonian leaders 
that so long ruled the state in the first quar- 
ter of the territory, was born in Waterbury, 
Conn., July 15, 1760, the grandson on his 
mother's side of Rev. Dr. Hopkins, the dis- 
tinguished theologian and divine. He was 
a soldier of the Revolution, enlisting at the 
age of sixteen, and seeing hard service at 
Stony Point, Monmouth, Red Bank and 



145 



X'alley Forge. He afterwards settled in 
lioston, and accumulated property in mer- 
cantile and mechanical pursuits, until in 
1796, he moved to Westminster, where he 
also continued in trade. Five years later, in 
1 80 1, he was elected to represent the town, 
and was re-elected in i8o2-'o4-'o5. From 
1806 to 1810 he was sheriff of U'indham 
county, in 18 13-'! 5 was in the Governor's 
council, and in 1816 was elected to Con- 
gress, serving two terms until 1820. He 
again represented his town in 1 824-' 26, and 
1828, and in i830-'3i was I.ieutenant-Ciov- 
ernor of the state, being associated on the 
ticket with (lovernor Crafts. He was again 
in the Legislature in 1832 and 1834. 

His son-in-law, William C. Bradley, de- 
scribes him as in person " lean and tall, of 
pleasant but somewhat formal manners and 
in spite of lameness a remarkably active man. 
His liberality though great for his means was 
discriminating and well timed ;" his "industry 
and perseverance whenever occasion called 
for it were untiring ; his love of order was 
so precise and descended to such minuteness 
of detail that it appeared almost incompatible 
with much expansion of thought, and yet few 
men can be named who united more knowl- 
edge of human nature, more sagacity and 
promptness in business." 

His wife was the widow Dorr, and their 
(laughter, Sarah, married Mr. Bradley. He 
died at W'estminster, August 10, 1844, at the 
age of eighty-four. 

MEECH, Ezra. — Twice in Congress, 
Democratic candidate for Governor in 
1 830,-3 1 '-32, and afterwards prominent as a 
Whig, and one of the most enterprising and 
far-seeing business operators the state had 
in the early part of the century, was born at 
New London, Conn., July 26, 1773 and 
came with his father to Hinesburgh in 1785. 
He was in his young manhood a hunter and 
trapper, then branched out into the fur 
trade, became associated with John Jacob 
Astor in it, and in 1806, and for a few years 
after, was the agent of the Northwest Fur 
Co. He frequently went into Canada on 
his purchasing trips, bringing large packs 
through the wilderness, and in 1809 was 
agent for supplying the British government 
with spars and timber. In 1795 ^^ opened 
a store at Charlotte Four Corners, still 
keeping up his fur trade. In 1806 he pur- 
chased a farm along the lake shore in Shel- 
burne, moved there, opened a retail store, 
also continuing the purchase of furs ; en- 
gaged in the manufacture of potash and in 
1810 in lumbering, especially with oak, 
which he shipped to the Quebec market. 

At the declaration of the war of 181 2 he 
was caught in Canada with a large quanity 
of timber, and obtained a permit to remain 



and close his business. During the war he 
was an extensive contractor in sup])lying the 
government and army with ])ro\isions. At 
its close he again went into the lumber trade 
with success, and all through his later years 
was also an extensive agriculturist and stock 
breeder, his farm containing three thousand 
acres in a high state of cultivation, on which 
could be seen a flock of three thousand sheep 
and eight hundred oxen. He was probably 
the largest land holder in the state, and at 
his death his real estate was appraised at 
8125,000. 

He was in 1S05 and 1807 elected to the 
state Legislature. In 1S22 and 1823 he was 
chief justice of the Chittenden county court 
and he was a member of the Constitutional 
Conventions of 1820 and 1826. His first 
election to Congress was in 1818 : he served 
only one term but was again elected for 
another term in 1824. His candidacies for 
Governor were during the period that the 
state was swept by anti-.Masonry and it was 
largely under his leadership that the skeleton 
of a Democratic organization was preserved. 
But before 1840 he had become a Whig, 
being then a Harrison presidential elector. 

He was emphatically what is called a " self 
made man" ; with but a limited education he 
won fame and fortune by the aid alone of a 
strong mind, an accurate judgment and 
resolute perseverance. He was a large man, 
physically as well as intellectually, being six 
feet five inches in height and weighing 
three hundred and seventy pounds, and yet 
he was one of the most expert trout fishers in 
the country, following the sport with delight 
to his last years, even as he had the chase 
with his rifle in his youthful days. He was 
always noted for his generous hospitality. 

He died at Shelburne, Sept. 23, 1856, 
aged eighty-three. He was twice married, 
first in 1800 to Mary McNeil, who died 
while he was in Congress, and subsequently 
to Mrs. L. C. Clark who survived him. He 
was the father of ten children, only two of 
whom survived him, sons who lived in Shel- 
burne. 

He joined the Methodist f^piscopal church 
in 1S33, and for the rest of his life was a 
very influential man in his conference. 

MALLORY, ROLLIN CaRLOS.— Rep- 
resentative in Congress from 1819 to 1831, 
and like Morrill in later years the chief 
framer and foremost advocate of the high 
tariff bill of his time, was born in Cheshire, 
Conn., May 27, 1784. He was graduated 
from Middlebury in 1S05, studied law with 
Horatio Seymour at Middlebury, and Robert 
Temple at Rutland, and settled at Castleton 
in 1806, where he was preceptor of the acad- 
emy for a year, then was admitted to the bar 



146 



in 1807 and practiced at Castleton till 1818, 
when he moved to Poultney. 

He was secretary of the Governor and 
Council in 1807, 1809 to 1812, and 1815 to 
1819 — ten years in all — was state's attorney 
for Rutland county, i8ii-'i3 and in 1816; 
was elected to Congress in 1818, serving for 
six terms until 1S31, and becoming a leader 
among the protectionists. He was chair- 
man of the committee on manufactures that 
reported the tariff of 1828, the "tariff of ab- 
ominations" as the Democrats called it, that 
led to South Carolina's act of nullification, and 
Jackson's energetic measures for the Union, 
though it was largely the reaction of the 
country against this tariff bill, which had been 
calculated to strengthen Adams' cause, that 
had made General Jackson President. ]\Ir. 
Mallory therefore was one of the issue-mak- 
ing men of one of the most exciting epochs 
in our national history. He was a thorough 
believer in the principles of protection, like 
Governor McKinley of our day, and it was a 
subject that grew on his hands. This tariff 
was projected at first in the interest of the 
woolen manufacturers but ended by includ- 
ing all the manufacturing interests. He was 
the leader of the House debate on it and ex- 
erted himself greatly to secure its passage. 
He was also prominent in the fight over 
the Missouri compromise which took place 
soon after his entrance into Congress and 
he opposed the admission of the state with 
its slave constitution. 

But sudden death, at Baltimore, Md., 
April 15, 1 83 1, cut short a career which 
promised to become one of continent-wide 
fame, and hardly second to that of his great 
compeers. Clay, Webster and Hayne, in the 
great economic struggle ushered in bv the 
1828 tariff. 

Lanman says of him that " he was held in 
the highest estimation both for his public 
acts and his private virtues." He was a 
brother of Rev. Charles D. Mallory, D. D., 
the Baptist divine and founder of Mercer 
(Ga.) University. 

That branch of the family has produced a 
number of distinguished men of the South. 

KEY'ES, ELIAS. — Representative in Con- 
gress for one term, and a judge, and a coun- 
cilor in state affairs, a native of Ashford, 
Conn., was one of the first settlers of Stock- 
bridge, whither he came in 17S4 or' 85. He 
represented the town sixteen years, i 793 to 
'97, 1798 to 1803, 1818, 1820 and i823-'26, 
and was in the Governor's council fourteen 
years, from 1803 to 18 18, except the one 
term of 1814 ; was assistant judge of the 
Windsor county court eight years, 1806-14, 
and chief judge two years more, 1813-17. 
He also ser\'ed in the constitutional conven- 



tion of T814. He was in Congress from 
1S21 10 1823. 

WHITE, PhineaS. — Representative in 
Congress 182 1-3, was a native of South Had- 
ley, Mass., where he was born Oct. 30, 1770. 
Graduating at Dartmouth in 1797, he studied 
law with Charles ^Nlarsh at ^^'oodstock and 
Judge Samuel Porter at Dummerston and in 
1800 began practice at Putney where he 
made his home the rest of his life. He 
represented the town in the Legislature in 
i8i5-'2o; was postmaster 1802-9 ; wasstate's 
attorney for the county in 1813 ; register of 
probate 1800 to 1809 ; judge of probate for 
several years afterward and chief judge of 
the county court from 1S18 to 1820, or until 
his election to Congress. On his return from 
the latter service he abandoned his law prac- 
tice and devoted himself to farming on quite 
an extensive scale, but was frequently called 
to public duty, nevertheless. He was a mem- 
ber of the constitutional convention of 1836, 
and was a state senator in 1838-40. He 
was for several years president of the Ver- 
mont Bible and Vermont Colonization So- 
cieties, and was prominent in Masonry, 
being grand master of the Grand Lodge of 
the state. He was also one of the trustees 
of Middlebury College. He was a man of 
solid rather than brilliant abilities, always 
fulfilling faithfully and creditably the many 
positions of trust to which he was called. 
He died at Putney, July 6, 1847, at the age 
of seventy-six. His wife, who survived hmi 
for nine years, was Esther, daughter of Xehe- 
miah and Hepziba Stevens of Plainfield, 
Conn., and he married her July 5, 1801. 

WALES, George E.— judge, speaker 
of the lower house of the Legislature and 
four years in Congress, was born in West- 
minster May 13, 1792, studied law in the 
offices of Gen. Stephen R. Bradley at \\'est- 
minster and Titus Hutchinson at \\'oodstock, 
was admitted to the Windsor county bar in 
181 2, and settled at Hartford that year. .-V 
man of brilliant parts, he rapidly rose to 
success and prominence. He was Hartford's 
representative in the Legislature in 1822, 
1823 and 1824. He was in his first term 
elected speaker on the resignation of D. 
.Azro .-X. Buck, and he was re-elected in 1823 
and 1824, holding the position as long as 
he was in the House. .\ nomination to 
Congress followed these triumphs, and he 
was elected in 1825, and re-elected in 1829. 
But here he formed habits of dissipation 
that brought much criticism upon him and 
really wrecked his political career, though 
doubtless his prominence in Masonry, being 
grand master in iS25-'27, just as the wave 
of -Anti-Masonry was beginning its sweep of 
the state, had more to do with it. At least 



■it brought attack for things that would other- 
wise have passed without mention. Doubt- 
less also the attack and defeat aggravated 
the evil. After leaving Congress he located 
in different places in Windsor county, prac- 
ticing his profession, but finally returning to 
Hartford, where he was elected town clerk 
in 1840, and held the position until his 
death. He was elected judge of probate 
for the Hartford district in 1S47, but held 
the office only three years. He was active 
in Masonry, beginning in 181 2, he being 
one of the charter members of the lodge at 
Hartford. 

Personally he was one of the most attrac- 
tive men we have had in public life ; accom- 
I)lished, eloquent, quick-witted, genial and 
large-hearted, ever drawing about him a 
coterie of friends and admirers. 

He married in January, 1813, Miss 
.\manda Lathrop of Sharon, by whom he 
had seven children. He died at Hartford, 
Jan. 8, i860. 

ALLEN, Heman, of Milton — twice a 
representative, serving in all eight years, and 
one of the \Miig leaders of his time, was 
-born in Ashfield, Mass., within limits of what 
was anciently 1 )eerfield, June 14, 1777, 
the son of Enoch Allen. His grandfather 
and several of his other ancestors were \ic- 
tims of the different Indian raids upon that 
historic ground. On his mother's side he 
was descended from Elijah Belding, the 
first town clerk of Deerfield. His father 
died when he was only twelve years old, and 
a few years later the family, a widow and 
younger children came up to (Irand Isle 
where two of their uncles had preceded 
them. Heman remained behind for a time 
and took a course of two years at the old 
■academy of Chesterfield, N. H., then he 
followed to Grand Isle, pursuing his classi- 
cal studies under Rev. Asa Lyon, and read- 
ing law with EInathan Keyes at Burlington, 
and Judge Turner at Fairfield, until in 1S03 
he was admitted to the bar and opened 
practice at Milton. Though a modest and 
unassuming man, very diffident about ap- 
pearing in court, he within a few years 
secured a clientage that extended through 
Chittenden, Franklin and (irand Isle coun- 
ties, won a high reputation for the thorough- 
ness with which he prepared his cases, and 
as the best real estate lawyer in the circuit. 

He represented Milton in the Legislature 
in 1 8 to, and eleven years afterward between 
that time and 1S26, whenever in fact he 
would be a candidate. He was Milton's 
earliest lawyer and a man whom the people 
there almost universally admired. He was 
several times a colleague of his namesake of 
Colchester in the Legislature, and he being 
a Federalist and the other just as warm a 



ALLEN. 147 

Democrat, they helped to keep things inter- 
esting. He was first nominated in 1826 for 
Congress and elected only after a close con- 
test, because his candidacy was entangled 
with that of Governor Van Ness for the 
Senate, so that he was susjjected of being a 
" Jackson man " and jjartly because of a lack 
of understanding with the supporters of 
IJenjamin Swift. He served only one term 
at this time because of these complications, 
but was again elected after a protracted con- 
test in 1832, and three times re-elected. He 
served on the Revolutionary claims commit- 
tee where he stood bravely and efficiently 
with Hiland Hall against the swindlers from 
X'irginia. His lawyer-like habits of pains- 
taking care and thoroughness made his con- 
gressional service efficient. He was defeated 
for re-election in 1S38 because of his vote 
for the neutrality bill proposed by President 
Van Buren against the insurrection which had 
broken out in Canada. Mr. Allen's district 
was a hot-bed of sympathy with the insur- 
rection and he understood fully the risk he 
took with this vote, but it was clearly right 
and even the entreaties of his friends to 
at least absent himself from the roll call 
could not shake his resolution to do his 
duty. The September election failed to give 
a majority for anybody and he peremptorily 
refused to stand for the second contest. It 
had been his idea from the first that the un- 
popularity he had incurred made it injudi- 
cious for his party to nominate him, but he 
yielded to the persuasions of his enthusiastic 
supporters in accepting. There was a move- 
ment afterward to make him the Whig can- 
didate for senator, but it failed. He was also 
offered the Whig nomination for Governor 
but declined it. 

For the next four years he devoted him- 
self with all his energy to his professional 
practice, but died Dec. 11, 1844, after a lin- 
gering illness brought on by a cold contract- 
ed in the service of a client. 

Mr. .\llen wedded, Dec. 4, 1804, Sarah, 
daughter of Dr. John Prentiss of St .-Vlbans. 
There were nine children, of whom five lived 
to maturity. Of these George became pro- 
fessor of Latin and Greek in the University 
of Pensylvania, Joseph W. became a lawyer 
of some prominence, and Sarah was the 
wife of Rev. J. R. Converse. 

His son George describes his personal 
appearance as " of lofty stature, over six feet 
high, and of commanding presence. His 
strongly marked countenance indicated that 
combination of massive strength of intellect 
with inflexible adherence to principle in 
private and public life, which formed the 
salient points of his character. His feat- 
ures, in repose, wore a slight expression of 
severity, which belied the real kindness of 
his disposition. The dignified simplicity of 



his manners was perfectly expressive of his 
habitual absence of all personal pretension." 

HUNT, JONATHAN.— Congressman, 
i827-'32, and dying in the service, a man 
of remarkable popular strength in his day, 
came from a notable \'ermont family. His 
father was Jonathan Hunt, Sr., who was 
Lieutenant-Governor of the state in 1794- 
'96, a native of Northfield, Mass., a leader 
in the early troubles of the settlers, first a 
"Yorker" and afterward appointed a sheriff 
under New York authority, then an advocate 
of the division of the " Grants " between 
New York and New Hampshire, and one of 
the committee of thirteen, with Luke Knowl- 
ton, Charles Phelps and Micah Townshend, 
to prepare a plan to establish still another 
new government out of parts of \'ermont 
and New Hampshire, and only joining the 
"new state" men, as did Knowlton and 
Townshend, when they saw that these 
schemes were hopeless. He was one of 
four brothers, who were all men of superior 
abilities and large influence in the affairs of 
this part of the country. Among them was 
Gen. Arad Hunt, of Yernon, who got his 
title in the command of Yermont militia, 
who was a member of the Wesminster con- 
vention of June, 1776, and who donated 
5,000 acres of land in the town of Albany, 
Vt., to Middlebury College. One of his 
daughters married Governeur Morris of New 
York. The distinguished Hunt family of 
New York is also a branch of this, which 
was also connected by marriage with the 
Seymours of Connecticut. 

Gov. Jonathan Hunt, the father of the 
congressman, married Lavinia Swan of Bos- 
ton, a woman of superior intellectual en- 
dowments, a former pupil of President John 
Adams, and their home in Vernon, with its 
wealth and generous hospitality, was long a 
social center for the best and brainiest peo- 
ple in New England. With such an ances- 
try and such surroundings, Jonathan Hunt, 
Jr., who was born August 12, 17S0, natur- 
ally came up a man of unusual talent and 
promise, uniting as he did uniform industry 
and perseverance to his other advantages. 
He was graduated at Dartmouth in 1807, 
studied law at Brattleboro, and was admitted 
to the Windham county bar in November, 
1792. 

He settled in a practice, which grew to be 
extensive, at Brattleboro, and was promi- 
nently identified with the town's commercial 
and social life. He was chosen the first 
president of the old Brattleboro Bank, after 
its incorporation in 1821, and held the posi- 
tion until his death. He represented the 
town in the Legislature in i8i6-'i7-'24. 
He succeeded ^^'illiam C. Bradley as repre- 
sentative in Congress in 1827 and was twice 



re-elected, holding the office until his death 
in Washington, May 15, 1832, aged only 
forty-two. The news of his death was re- 
ceived almost as a personal bereavement by 
the people of the district, so deep was the 
hold he had obtained on their affections and 
regard. 

Mr. Hunt married Jane Maria Leavitt. 
Among the five children were William Mor- 
ris Hunt, the artist of world-wide renown, 
and Richard M. Hunt, the architect, of New 
York. 

CAHOON, Gen. William.— in Con- 
gress from 1827 to 1833, and Lieutenant- 
Governor 1820-22, was born at Providence, 
R. I., in I 774, the son of Laniel Cahoon and 
brother of Daniel Cahoon, Jr., the first settler 
of Lyndon. The misfortunes of Revolution- 
ary times brought to comparative poverty 
and to Vermont the father, who had been an 
importing merchant and was one of the 
charter grantees of Lyndon, where the family 
has ever been one of prominence. The 
elder Cahoon was town representative eight 
years, selectman eleven, and town clerk fif- 
teen in succession. Ihe son, \\'illiam, suc- 
ceeded to the latter position in 1808 and 
held it uninterruptedly until he went to Con- 
gress. He was elected town representative 
in 1802 and re-elected eight times. He was 
a delegate to the constitutional con\ entions 
of 1814 and 1828, a Madison presidential 
elector in 1808, judge of the Caledonia 
county court i8ii-'i9, and councilor 18 15- 
'20. He was for many years one of the most 
influential Democratic leaders of the state, 
and was one of the candidates for councilor 
counted out in the close contest of 181 3. 
He obtained his title of general in the miL 
itia and was the commander of the fourth 
division at the time of the war of 1812, with 
the rank of major-general. 

EVERETT, HORACE.— Congressman 
for years, one of the strong A\'hig leaders, 
was born in Vermont in 1780. He gradu- 
ated at Brown L'niversity in 1797, studied 
law, and practiced in Windsor. He was 
state's attorney for Windsor county 1813-'! 7 
and became famous as one of the most suc- 
cessful jury advocates in the state. He repre- 
sented ^^'indsor in the Legislature in 18 19, 
1820, 1822, 1824, and 1834, and was a prom- 
inent member of the state Constitutional 
Convention of 1828, and in that year also 
was elected to Congress as a Whig, defeating 
George K. \\'ales. He was re-elected to the 
Twenty-third Congress on the second trial, 
receiving 304 majority; was re-elected again 
to the Twenty-fourth, defeating Anderson 
(Dem.) and Arnold (Whig), and again to 
the Twenty-fifth and Twenty-sixth Con- 
gresses, receiving 5,183 votes in the latter 



149 



year against 3,841 votes for Partridge (Dem.), 
and was re-elected to tlie Twenty-seventh — 
2,222 majority — serving from Dec. 7, 1829, 
to Marcli 3, 1843. 

His chief fame in Congress was made by 
his advocacy of the rights of the Indians. 
Among his notable speeches was that of June 
3, 1836, against the Indian bounty bill and 
the removal of the Creeks, Seminoles, Cher- 
okees, Choctaws, and Chickasaws to Indian 
'I'erritory, a very exhaustive one, and he pre- 
dicted that the removal only changed the 
scene of war. He died at Windsor [an. 30, 
1851. 

DEMING, Benjamin F.— Who was 

.sent to the House for one term, i833-'35, 
being elected from the Fifth congressional 
district on the .Anti-Masonic ticket by a 
large majority, was a native of Danville, 
where he was born in 1790. He received 
only a common school education, began life 
as a clerk in a store and then was for a num- 
ber of years a merchant at Danville until he 
gave up his time to his public duties. He 
was for sixteen years, i8i7-'32, the Cale- 
donia county clerk, and eleven years, 
i82i-'32, judge of probate, and councilor 
for six years, 1827 to 1833, winning in these 
positions the reputation which secured his 
nomination to Congress. He served, how- 
ever, only one session, and contracting a 
disease of the bowels at Washington, died 
while on his way home, at Saratoga Springs, 
X. v., July II, 1834, aged only forty-four. 
He left a wife and young family. 

He was a man of " more than ordinary 
talent, of a calm and deliberative mind, 
quick of perception, prompt, apt and up- 
right in business transactions, gentle and 
winning socially, and benevolent in ideas." 

JANES, Henry F.— Congressman 1835- 
'37, councilor from 1830 to 1834, and state 
treasurer from 1830 to 1841, was of a family 
that was among the pioneers in Vermont, 
and prominent in the early history of several 
towns. He was himself born in October, 
1792, at Brimfield, Mass., the third of eight 
children of Solomon and Beulah (Fisk) 
Janes. The family came in his early boy- 
hood to Calais, and he studied law at Mont- 
pelier, enlisted from there in a company 
that was in the battle of Plattsburg in the 
war of 181 2, and settled in Waterbury for 
the practice of his profession in 18 17, being 
reasonably successful with his cases as well 
as in amassing a competence and in winning 
popular favor. He was postmaster for ten 
years, i82o-'29. Then he was immediately 
elected a councilor, serving four years, till 
I S34, and then promoted to Congress where 
he represented the district for one term, and 
then was elected state treasurer, serving 



three years, 1838 to 1S41. This closed his 
political life in a large field, though he was 
a member of the council of censors in 1848, 
and represented Waterbury several terms in 
the Legislature, his last election being in 
1S55. He died June 6, 1879, i" his eighty- 
eighth year. He wedded, in 1826, Fanny, 
daughter of Cov. Ezra Butler ; and Dr. Henry 
Janes, a distinguished physician and war 
surgeon, was their son. 

Mr. Janes is described as a most just man 
in every relation of life, with clear, strong 
judgment, and conscientious devotion to 
duty. 

FLETCHER, GEN. Isaac— Representa- 
tive in Congress for two terms, i837-'4i, was 
native of Massachusetts, born in 1784, and a 
graduate of Dartmouth. After teaching the 
academy awhile at Chesterfield, N. H., he 
studied law with Mr. Vose in that state and 
Judge White at Putney, and established him- 
self in practice at Lyndon. He rose rapidly 
to the front rank of the profession, participa- 
ting for a time in the trial of nearly every 
case in Caledonia, Orleans and Kssex coun- 
ties, and literally wearing himself out with 
overwork. He represented Lyndon in the 
(General .Assembly four years, was state's 
attorney of Caledonia county eight years and 
was adjutant-general on the staff of Gover- 
nor Van Ness, getting his title from that 
source. His health had failed before he got 
far in his congressional service and though 
he was still faithful to his duties, his weak- 
ness prevented his attaining any distinction. 
He died in October, 1842, just after the 
close of his second term. 

He married Miss .Abagail Stone of Chester- 
field who survived him. His only son, C. 
B. Fletcher, a lawyer of Boston, was a man of 
brilliant parts, but died of consumption at 
the age of thirty-four. 

SMITH, John.— Representative in Con- 
gress, i839-'4i, and one of the chief projec- 
tors of the Vermont & Canada R. R., was 
a native of Barre, Mass., born August 12, 
1789, and the son of Deacon Samuel Smith. 
The family moved to St. .Albans in 1800, 
where young John had only the advantage 
of the slender educational facilities of the 
town, studied law first with his brother-in- 
law, Roswell Hutchins, and then with Ben- 
jamin Swift, was admitted to the bar in 1810, 
and formed a partnership with Mr. Swift, 
which continued with high success for seven- 
teen years, until Mr. Swift went to Congress. 
He represented the town in the General 
Assembly ten years, from 1827 to 1S38, with 
the exception of 1834, and was speaker of 
the House in '32 and '33. He was state's 
attorney for Franklin county seven years, 
i827-'33. In 1838 the Democrats of that 



'SO 



district nominated him for Congress, and, 
thougli the district was strongly U'hig, Mr. 
Smith was elected, after a vigorous canvass 
to which his large personal popularity added 
much strength. But it was only for one 
term. The great political storm of 1840 
left him high and dry at home. His con- 
gressional service was of course too short to 
permit any great reputation in it to be won, 
but he made one speech, a defense of the 
independent treasury idea, which was wide- 
ly published and counted one of the ablest 
and most thorough ever made on the sub- 
ject. His defeat for re-election to Congress 
closed his public life and he returned to the 
practice of his profession, until 1845, after 
which he gave his time and energies chiefly 
to railroad enterprises, and it was to him in 
conjunction with Lawrence Brainerd and 
Joseph Clark and to their boldness of action 
through the most critical emergencies, risk- 
ing their entire fortunes in the project by 
borrowing $350,000 on their personal credit, 
that the Vermont & Canada road was made 
a reality and the last link forged that was to 
connect New England with the great lakes. 

The conception was a great one and by 
energy and sagacity was it reahzed, but the 
triumph was followed by perplexing and ex- 
hausting labor to make a business success of 
the enterprise, and the strain and the 
anxiety undermined Mr. Smith's health and 
led to his sudden death, Nov. 20, 1858. 

Mr. Smith was a man of large mold, liberal 
and public-spirited, of clean and worthy ])ri- 
vate life, and in the words of a local biogra- 
pher : " An earnest Christian man, full of 
charity and good works, without partiality 
and without hypocrisy." 

He married, Sept. 18, 1814, Miss Maria 
W. Curtis, of Troy, N. Y., and Gov. John 
Gregory and Congressman W'orthington C. 
Smith were their sons. 

YOUNG, AUGUSTUS.— Representative 
in Congress tS4i-'43, and a scientific author 
of reputation, was born in Arlington, March 
20, 1785, studied law and was admitted to 
the bar at St. Albans in 18 10, began practice 
at Stowe, but in about eighteen months 
moved to Craftsbury, where his active life 
was spent. He represented the town eight 
years, was state's attorney for Orleans county 
four years, and judge of probate in 1 830. 
He was elected state senator in 1836, and 
was twice re-elected. His election to Con- 
gress was in 1840, but he declined a re-elec- 
tion. In 1847 he moved back to St. .Albans, 
and for several years was judge of probate, 
but devoted most of his time until his death. 
Tune 17, 1857, to literary and scientific pur- 
suits, and was appointed state naturalist in 
1856. He was one of the most learned men 
the state ever contained in geologv and 



mineralogy, was a great mathematician and 
a profound reasoner. His intellectual charm 
was such, with his easy and kindly manners, 
as to give him great popularity, and though 
his energies were perhaps too scattered to 
win the greatest success, none knew him but 
to admit that he was a man of great talents. 

MARSH, George Perkins.— Son of 

Congressman Charles Mansh and grandson of 
the Lieutenant-Governor, a lawyer, congress- 
man, diplomat, philologist and of world-wide 
fame as an author and scholar, was perhaps 
the most broadly accomplished man the state 
ever produced. He was born March 15, 
1 80 1, graduated at Dartmouth in 1820, stud- 
ied law in his father's office, was admitted to 
the bar in 1825, and settled at Burlington, 
speedily acquiring an extensive practice. But 
he divided his time between law, literature 
and politics, and, in 1835, he was a member 
of the (Governor's council. In 1842 he was 
elected representative to Congress and three 
times re-elected, until, in 1849, President 
Taylor appointed him minister to Turkev. 
The time and the situation were such as to 
give him opportunity, which he improved to 
the utmost, to render important service to the 
cause of ci\il and religious toleration in the 
Turkish empire. The marked improvement 
of the system of the Porte in this respect in 
the past forty years may truly be said to be 
due to Mr. Marsh more than any other one 
man. He was also charged in 1852 with a 
s])ecial mission to Greece, which he filled with 
added reputation. On the change of admin- 
istration, however, in 1853, he was relieved, 
and returning to Vermont, he was appointed 
one of the commissioners to rebuild the pres- 
ent state house in Montpelier, and, in 1857, 
he was appointed railroad commissioner, 
serving two years. In 1857, also by the ap- 
pointment of Governor Fletcher, he made a 
\aluable and exhaustive report on the artifi- 
cial propagation of fish, laying the foundation 
for much of the work that has been done 
since. In 1 861 President Lincoln appointed 
him minister to Italy, and he held the position, 
being the patriarch of American diplomacy, 
twenty-one years, until his death, in Valom- 
brosa, not far from Florence, July 23, 1882. 

During his residence abroad he travelled 
extensively in the East and in Europe, pass- 
ing some time in Denmark, Sweden and Nor- 
way, where he has long been recognized as a 
leading Scand)na\ian scholar. His published 
works include a " Compendious Grammar of 
the Old Northern or Icelandic Language," 
compiled and translated from the Grammar 
Rask (Burlington, 1838) ; "The Camel, His 
Organization, Habits and L'ses, considered 
with reference to his introduction into the 
United States" (Boston, 1856) ; and "Lec- 
tures on the English Language" (New York, 



i86o) ; originally delivered in 1S59 in tlie 
post-graduate course of Columbia College, 
New York, in which he "aimed to excite a 
more general interest among educated men 
and women in the history and essential char- 
acter of their native tongue, and to recom- 
mend the study of the Faiglish language in its 
earlier literary monuments rather than 
through the medium of grammars and lin- 
guistic treatises. 

He never tired in dehing in the languages 
and literature of the North of Europe, and 
his sympathies appear to be with the Goths, 
whose presence he traces in whatever is 
great and peculiar in the character of the 
founders of New England. In a work en- 
titled "The Goths in New England," he has 
contrasted the Gothic and Roman charac- 
ters, which he appears to regard as the great 
antagonistic principles of society at the 
present day. He was also the author of va- 
rious essays, literary and historical, relating 
to the Goths and their connection with 
.\merica. 

Still another of his works, and one of great 
merit, was "Man and Nature," first pub- 
lished in 1864, and largely re- written and re- 
published in 1874 under the title: "The 
Earth as Modified by Human .Action." He 
was collaborator in the preparation of the 
dictionary of the English language, issued 
under the auspices of the London Philologi- 
cal Society. And his miscellaneous pub- 
lished addresses and speeches are quite 
numerous. Henry Swan Dana says he 
"was a truly learned man, in the variety and 
thoroughness of his acquisitions, in all de- 
partments of human knowledge being almost 
without a peer in the world." His library, 
one of the finest in the country, rich beyond 
compare in Scandinavian literature, he pre- 
sented to the University of Vermont, of 
whose corporation he was chosen a member, 
in 1844. 

Mr. Marsh was twice married. His first 
wife, who lived but a few years after the mar- 
riage, was Harriet, daughter of Ozias Buell, 
of Burlington. The second, whom he 
wedded Dec. i, 181 6, was Carohne Crane, 
of Berkeley, Mass., a woman of literary 
power and an author of some reputa- 
tion. Her published productions are : 
"The Hallig ; or, the Sheepfold in the 
Waters," translated from the German of 
Biernatzki, with a biographical sketch of the 
author (Boston, 1S57) ; and "Wolfe of the 
Knoll, and Other Poems" (New ^'ork, 
i860). 

There were two children by the first wife : 
Charles, who died in childhood, and George 
Ozias, a promising New York lawyer, who 
died when only thirty-three. 

HENRY, William. — Congressman for 
two terms, close friend of Lincoln, and one 



of the fatliersof the now large village of ISel- 
lows Falls, was born in New Hampshire in 
1788. He received only a common school 
education, moved to Bellows Falls, where he 
was cashier of the Bank of Bellows Falls for 
fifteen years, and held various stations in 
l«iblic life. It was on his motion in 1834 
that the act incorporating the village was 
accepted at a meeting of the corporation, 
after it had once been rejected. From that 
time up to and including 1843, Mr. Henry 
was a member of the board of fire wardens. 
He was a member of the Harrisburg conven- 
tion in 1839 which nominated (leneral Har- 
rison and a presidential elector in 1S40. In 
1846 he was elected a member of the House 
of Representatives and was re-elected and 
served two terms. In i860 he was again 
elected a presidential elector and during the 
campaign visited Mr. Lincoln at his home 
in Illinois, with whom he was personally 
acquainted, they having served together in 
Congress where their seats were near to- 
gether and they had been in close sympathy 
asU'higs. The Democratic candidate against 
him at both his elections was William C. 
Bradley. 

Mr. Henry died at Bellows Falls .\pril 17, 
1 86 1, at the age of seventy-three, just as the 
great civil war was breaking upon the 
country. Vp to his last moment almost, he 
followed the progress of events with intensest 
interest. 

PECK, Lucius B. — Representative in 
Congress from 1847 to 185 1, was born at 
Waterbury in October, 1802, the son of Gen. 
lohn Peck. He was admitted as a cadet at 
West Point in 1822, but had to resign be- 
cause of ill-health after a year's study, en- 
tered upon the study of law first with Judge 
Prentiss at Montpelier, and then with Denni- 
son Smith at Barre, and was aidmitted to the 
bar in September, 1825. He formed a part- 
nership with Mr. Smith, who had an exten- 
si\e practice, but was growing old so that 
the burden soon fell upon young Peck's 
shouklers. But he rapidly rose in his pro- 
fession and became one of the leading 
lawyers of Washington and Orange counties, 
and the worthy antagonist in the forensic 
forum of such men as Paul Dillingham, 
William i'pham, and Jacob Collamer. He 
represented Barre in 1831, but soon after 
moved to Montpelier, where he devoted 
himself to his profession with all the ardor of 
his nature, keeping out of politics steadily for 
fifteen years. In 1846 the Democrats of the 
district nominated him for Congress and 
elected him, and re-elected him for a second 
term in 184S. While in Washington he was 
on intimate and familiar terms with such 
great ]5arty leaders as William L. Marcyand 
Daniel S. Dickinson. He was also twice 
the Democratic candidate for Governor, and 



152 



from 1853 to 1857 was United States dis- 
trict attorney by appointment of President 
Pierce. But these were all the political 
honors he ever held, and indeed he had but 
little taste for politics, and little ambition for 
its contests or distinctions. B. F. Fifield, the 
able lawyer with whom he was in partner- 
ship in his later years, says that i\Ir. Peck 
often told him that the greate.st mistake of 
his life was in going to Washington at all. 

He resumed his professional practice after 
his congressional career closed and to the 
end held a rank close to the front at the bar 
of the state and being especially potent in 
railroad litigation. He was president of the 
Vermont & Canada road from 1859 until his 
death. His power as a lawyer and poli- 
tician, too, was in his candor and fairness of 
statement, his fine and unruffled courtesy, 
his masterful analysis, separating the true 
from the false, the essential from the non- 
essential, and the clearness with which he 
piled up proposition upon proposition un- 
answerable. It was true of him, as his 
admiring colleague said of John G. Carlisle, 
that he "never had a clouded thought." 
He was slow and deliberate, cautious in con- 
clusions, but most apt to be convincing 
when he reached them, and a safe and dis- 
criminating adviser. He had little of the 
art of oratory or the embellishments of 
fancy ; he spoke to convince, not to please. 

He married in 1S30 the daughter of Ira 
Day of Barre, an accomplished lady with 
whom his home life was a most beautiful one 
for the fifteen years until her death in 1845. 

He was stricken with paralysis while on a 
professional visit to Lowell, Mass., and died 
there Dec. 28, 1S66. 

HEBARD, William.— Was a self-made 
and self-educated man, and read law with 
William Nutting of Randolph. He was ad- 
mitted to the Orange county bar in 1827, and 
commenced to practice at East Randolph, 
but in 1845 removed to Chelsea, and re- 
mained there practicing his profession until 
the time of his death. He was one of the 
ablest and most popular men of his time, 
represented Randolph four years, and Chel- 
sea five years in the General Assembly ; was 
state senator in i836-'38, and state's attor- 
ney in i832-'34-'36 ; judge of probate in 
1838, 1840, and 1 84 1, and judge of the 
Supreme Court of Vermont from 1842 to 
1844 inclusive. In 1848 he was elected to 
Congress, and again in 1850. In i860 he 
was a delegate to the national Republican 
convention that nominated Abraham Lin- 
coln. Judge Barrett of the Supreme Court 
pays him this tribute ; "I think his promi- 
nent characteristics were candor, consider- 
ateness, integrity and faithfulness. He was 
plain and practical, with substantial common 



sense that gave itself with faithful effort to 
such office as he was called to do, and the 
estimate in which he was held is amply and 
best attested by the fact of his large and long 
continued professional practice with all classes 
of the community, by his early and oft re- 
peated calls to offices of important respon- 
sibility, in which his integrity and assiduity 
were always conspicuous ; by the universal 
respect in which he was held as a citizen, as 
a member of society, as a neighbor, and as a 
friend." 

As an advocate, in the putting of his facts 
and ideas, his propositions and his argument 
into written expression he had unusual facility 
and merit. 

Judge Hebard married Elizabeth Stockwell 
(Brown), Sept. 12, 1830. He died at Chel- 
sea at the age of seventy-five, Oct. 20, 1875. 

MEACHAM, James.— College professor 
and Congregational preacher as well as poli- 
tician, was born in Rutland, August 10, 1810, 
and being left an orphan in early childhood 
was apprenticed to a cabinet maker. But a 
benevolent neighbor, impressed with his tal- 
ents and ambition, assisted him to an educa- 
tion, and he graduated from Middlebury in 
1832, took a course of theology at Andover, 
and was settled as pastor of the Congrega- 
tional church at New Haven in 1838. He 
had been employed before completing his 
education as a teacher in the academies at 
Castleton and St., Albans, and for two years, 
from 1836, had been a tutor at Middlebury. 
In 1846, he was called back to the college to 
take the professorship of elocution and Eng- 
lish literature. His reputation as an orator, 
writer and man of high culture rapidly ex- 
tended and in 1848 he was elected to Con 
gress, served four terms and had been 
unanimously nominated for a fifth at the 
time of his death, August 23, 1856, at the 
age of only forty-six. He resigned his 
chair in the college in 1850 and devoted him- 
self entirely to his public and political 
duties. In Congress he was chairman of 
the committee on the District of Columbia, 
and the severe labors of the position are 
what undermined his health. He was 
prominent in the opposition to the abroga- 
tion of the Missouri compromise, which he 
regarded as a contract which both sides 
were bound to obey in good faith, and he 
warned the Southerners that if they persis- 
ted it was the last compromise that would 
be made between the clashing interests of 
the sections. .\ number of his speeches 
while in Congress have been published. 

MINER, AHLMAN L.— Representative in 
Congress, i85i-'53, was a native of Middle- 
town, the son of Deacon Gideon and 
Rachel (Davison) Miner, and was born 
Sept. 23, 1804. 



I 



'53 



Heworkeilon his father's farm until he 
was of age and then fitted for the sophomore 
class in college, hut instead of entering studied 
law in the offices of Malloney &: Warner at 
Poultney and Royce & Hodges at Rutland ; 
was admitted to the bar in 1832 ; practiced for 
three years at W'allingford and then moved 
to Manchester. He represented the latter 
town four years in the Legislature, 1838, '39, 
'46 and '54 and was also in 1840 county 
senator. He was clerk of the House of 
Representatives, i836-'38 ; state's attorney 
for Hennington county in i843-'44 ; register 
of probate seven years and judge of probate 
three years, i846-'49. His nomination for 
Congress, by the Whigs from the southern 
district of the state, in 185 1, was secured 
after one of the hardest fought pre-conven- 
tion campaigns the state has ever seen. 
Col. Calvin Townsley opposing him. He 
was a man of popular power, social and en- 
gaging personally. He was twice married 
and had eight children. He died July 19, 
1886. 

BARTLETT, THOMAS Jr.— Was a na- 
tive of Burke, the son of Thomas liartlett, a 
man of ability and local prominence in his 
time. \'oung Bardett studied law and set- 
tled in Lyndon in 1839 ; in '41 and '42 he was 
the state's attorney for the county, in 1840 
and '41 was in the state Senate and in 1850 
was elected to Congress for a single term. In 
the former year he was also chosen the town's 
representative and again filled that position 
in '54 and '55. He was also a member of 
the constitutional conventions of 1850 and 
'57 and presided over the former body. At 
that time he was one of the most influential 
men of his district and of the state. 

TRACY, ANDREW. — In Congress for 
one term and speaker of the state House of 
Representatives for three years, was born in 
Hartford, Dec. 15, 1797, the son of James 
and Mercy (Richmond) Tracy. The family 
was one of worthy and prosperous farmers, 
but it was decided to give young .Andrew an 
education, because he was not robust physic- 
ally. He was fitted for college at the Royal- 
ton and Randolph Academies, and entered 
Dartmouth, but remained there only two 
years, because his friend and classmate, 
Leonard Marsh, had to leave on account of 
trouble with his eyes. The two young men 
then struck out into New York state, and 
Tracy taught school at Troy for two years. 
Returning home he studied law in the office 
of George E. Wales, being a portion of the 
time postmaster at White River village, was 
admitted to the bar in 1S26, and began 
]iractice in Quechee village, enlarging his 
clientage and reputation steadily until it be- 
came of state extent. In 1838 he moved to 



Woodstock, where he formed a partnership 
with Norman Williams that lasted until the 
spring of 1839, when Mr. Williams became 
t ounty clerk. The next year he formed one 
with Julius Converse, and in 1849 with Con- 
verse and James Barrett, which lasted until 
he went to Congress. 

For more than a generation Woodstock 
was famous as a place of big lawyers, and 
this firm, and Mr. Tracy at its head, more 
than kept alive the tradition and held its 
rank among some of the ablest competitors 
ever gathered at any bar. Of him W. H. 
Tucker, Hartford's historian, says : " Mr. 
Tracy's power and strength as a lawyer and 
advocate consisted in his wonderful quickness 
of perception, the rapidity with which he 
could adapt facts to legal principles, his 
quick comprehension of the full merits or 
demerits of a case, his keen discriminating 
analysis of facts, the nervous power and 
eloquence with which he presented facts to 
a jury, and in his masterly power of sarcasm 
and invective. Mr. Tracy was not what we 
called a learned lawyer, he rarely read text- 
books or reports, but consulted them in 
connection with his cases. He was well 
grounded in the principles of common law, 
and in his arguments of legal points, rea- 
soned from first principles, and rarely cited 
or referred to decisions." 

H. S. Swan, the Woodstock historian, tells 
of his swift and ready way of speaking, the 
force and compactness of his statements, and 
the keenness of his sarcasm. 

His political career would have been one 
of equal brilliance if his tastes had permitted 
him to persist in it. He was at first a National 
or Adams Republican and then after the Whig 
partv was formed an ardent follower of it. 
He represented Hartford in the Legislature 
for four years, i833-'37, and after his removal 
to Woodstock, he was, in 1839, elected a 
state senator. In 1840 he was a candidate 
against Horace Everett for the Whig nomina- 
tion for Congress, but was defeated after 
a hard fight, much to his chagrin. In 1842, 
however, Woodstock sent him to the Legisla- 
ture, and he was immediately made speaker, 
being re-elected in 1843 and 1844, as long as 
he was in the House and coming out with 
great eclat. In 1852, he was nominated and 
elected to Congress as a Whig, but declined 
re-election after serving one term, being 
thoroughly satiated with political honors and 
a good deal disgusted with what he saw at 
Washington. He returned to the practice of 
his profession with renewed zest and con- 
tinued at it without further distraction through 
his active life. 

Personally, he is described as a tall, slim, 
cadaverous man, who to a stranger would 
seem to be in the last stages of consum])tion. 
But his step was ever quick and elastic, and 



154 



he had a great amount of energy and an in- 
domitable will, though never a well man. 
He died at Woodstock, Oct. 28, 186S. 

SABIN, ALVAH.— Another preacher-pol- 
itician of a power approaching that of Niles, 
Lyon, Leland and the giants of the earlier 
days, was born in Georgia, Oct. 23, 1793. 
the son of Benjamin and Polly ( McMaster ) 
Sabin. He was graduated at Columbian Col- 
lege in the District of Columbia, educated 
for the Baptist ministry, and preached at 
Cambridge, Westfield and Underhill until he 
was settled in Georgia in 1825. Here he re- 
mained, a fine specimen of the old-time 
power of the country minister in the com- 
munity, for forty- two years, removing in 1867 
to Sycamore, 111., where he continued his 
ministerial duties as long as life and strength 
lasted. His only brother, Daniel Sabin, was 
also a Baptist clergyman, and after preach- 
ing at Swanton, North Fairfax, and other 
places for several years, went to Wisconsin. 

Parson Sabin was ten times his town's 
representative in the Legislature, in 1826, 
'35. '38. '40, 47, '48, '49. 5'' '61, and '62, 
and in the latter sessions, though nearly 
seventy years old, was prominent in the war 
legislation. He was three times county 
senator, in i84i,'43 and '45 and was secre- 
tary of state in 1841. He was also county 
commissioner for Franklin county under the 
prohibitory law in 1861 and '62. 

He was first elected to Congress in 1852 
and re-elected in 1854. 

HODGES, George T.— Was born in 
Clarendon, July 4, 17S9, the son of Dr. 
.Silas Hodges, a surgeon in the Revolutionary 
army and for some time in the military 
family of General Washington, and for twenty 
years the leading physician of his section. 
George was the third son of a family of 
eleven children, and took a partial course in 
college, but abandoned it for a business 
career and went to Rutland where he was a 
prosperous merchant for many years and 
until his death. He served repeatedly in 
both houses of the Legislature. On the 
death of Hon. James Meacham, representa- 
tive to Congress, in 1856, he was chosen to 
fill the vacancy. He was a director of the 
old Bank of Rutland from its organization 
in 1825, until his death, and its president 
from 1834. He was also a director and the 
vice-president of the Rutland & Burlington 
R. R., from its commencement. 

He was also a warm supporter of the Ver- 
mont Agricultural Society. He was a man 
of dignified and courteous demeanor and 
with a good deal of ability in both business 
and political affairs. He died at Rutland 
Sept. 9, t86o. 




WALTON, ELIAKIM p.— Representa- 
tive in Congress 
from 1857 to 
1863, one of the 
great editors of 
the state, and a 
valuable c o n - 
tributor to its 
history,wasborn 
a t ^Iontpelier, 
Feb. 17, t8i2, 
the son of Gen. 
E. P. and Prus- 
s i a ( Parsons ) 
Walton. The 
family was of 
Quaker origin, 
and the father, 
who rose to be major-general of the state 
militia, was also for years one of the chief 
editorial powers of the state, who probably 
did more than any other one man towards 
building up the old Whig party and its suc- 
cessor to secure ascendency, and who was 
nominated for ( Governor by the first Repub- 
lican convention in 1S54, but withdrew in 
favor of Judge Royce for the purpose of con- 
solidating the various elements into one 
organization. 

Eliakim, the eldest of his children, was 
educated in the common schools and at the 
Washington county grammar school, but, 
better than all, had a double advantage in in- 
struction by a cultured and discriminating 
mother and of training at the printer's case 
in his father's office. He studied law in the 
ofifice of Samuel & S. B. Prentiss, where he 
also obtained an instructive insight into 
national politics, as the former was then 
United States senator. But instead of giv- 
ing his life to law he was, when twenty-one,, 
in 1833, taken into partnership with his 
father in the publication of the Vermont 
Watchman and State Journal and in the 
general printing and publishing, book-bind- 
ing and paper-making business. Soon the 
main editorial duties fell upon him, while 
General \Valton's attention was chiefly ab- 
sorbed in the other departments of the busi- 
ness, and for thirty-five years, except while in 
Congress and engaged in other public duties, 
he was constantly in the editorial harness. He 
established the first exclusively legislative 
newspaper, which soon expanded into a 
daily. Early in the war he started a daily, 
maintained a li\e correspondent in e\ery 
Vermont regiment at the front and gathered 
and preserved in this way an immense 
quantity of historical data that is of price- 
less value. 

Like his father he was not a seeker for 
office for himself, but in 1853 represented 
Montpelier in the Legislature, and three 
vears later, at the solicitation of ludge Col- 



1 



lamer and other party leaders, reluctantly 
consented to stand for Congress in order to 
solve a political situation that was full of 
com[)lications. He was easily elected by a 
majority of over three to one, and twice re- 
elected, in 1858 and i860. His most notable 
speeches during this service were on the 
admission of Kansas to the Union in March, 
1858; on the tariff question, in February, 
1859 ; on the state of the Union, in Febru- 
ary, 1 86 1, and on the confiscation of rebel 
property, in May, 1862. He demonstrated 
by an exhaustive table of figures the injustice 
to Vermont and seven other states of the 
apportionment act of 1862, based on the 
census of i860, and calling Senator Coila- 
mer's attention to it, the latter procured the 
passage of a supplementary act by whii h 
Vermont's representation in the House wa> 
sa\ed from being cut down from three U> 
two. He performed a similar service for the 
state under the act after the census of 1870, 
and Edmunds and Thurman, producing his 
facts and figures, carried an amendment 
which again sa\ed the threatened states 
from a cut-down. 

Mr. Walton, returning to private life, con- 
tinued in charge of the Watchman until 
1868, when he sold it to J. and J. M. Poland, 
but continued to write much as long as he 
lived. He was a member of the constitu- 
tional con\ention of 1870 and a senator 
from U'ashington county for two terms, 1874 
to '78. He was three times a delegate to 
national conventions, in 1840 to the young 
men's convention at Baltimore, in 1864 to the 
Republican convention at Philadelphia, and 
in 1866 the Philadelphia convention to meet 
and consult with southern men. He was 
])resident of the Vermont Historical Society 
from the retirement of Rev. Dr. Lord in 
1876 until his death, and of the Vermont 
Fxiitors' and Publishers' Association from its 
organization until 1881. He edited Vol. II 
of the collections of the Vermont Historical 
Society, including the Haldimand Papers 
and the eight volumes of the " Records of 
the (;o\ernor and Council," and his notes — 
biographical, historical and explanatory — 
exhibit a painstaking and exhaustive re- 
search, while the ilhnnination of the Haldi- 
mand business, under his careful analysis, 
was a service to the state and to the truth of 
history which cannot be too highly appreci- 
ated, 'j'he "\"erraont Capitol," 1857, consisted 
mainly of his reports, and Walton's Vermont 
Register, up to within ten or a dozen years, 
was under his editorial charge. Printed ad- 
dresses of his include those on Gov. Charles 
Paine, on the Battle of Hubbardton, and on 
Nathaniel Chipman. 

Mr. Walton was twice marrieil, first to 
Sarah Sophia, daughter of Joseph Howes, of 
Montjielier. She" died Sept. 3, 1880, and 



«W 0«%'. 




Oct. 19, 1882, he wedded Mrs. Clara P. 
Field, >ief Snell, of Columbus, Ohio. 
Mr. Walton died Dec. 19, 1890. 

ROYCE, Homer H.— Congressman, 
and chief jus- 
tice of the state 
Supreme Court, 
was born at 
Berkshire, June 
14, 1820, the 
son of Elihu 
Mar V i n , and 
Sophronia (Par- 
k er ) Roy ce . 
His ancestry in 
his father's side 
traces back on 
Z' both directions 

to the fathers of 
the state, Maj. 
Stephen Royce 
and I'2benezer Marvin, and he was a nephew 
of Gov. Stephen Royce. His maternal 
grandfather was Rev. James Parker, the first 
settled minister of Underbill and long 
known as an able preacher of the Congre- 
gational denomination. 

Young Royce was educated in the district 
schools and at the academies in St. Albans 
and Enosburgh, studied law with Thomas 
Childs, was admitted to the bar in 1844, 
was in partnership for two or three years at 
F^ast Berkshire with Mr. Childs, and after- 
wards for about the same time with his rela- 
tive, Heman S. Royce. He was state's 
attorney for Franklin county in 1846 and 
'47. In the same year also he represented 
Pierkshire in the Legislature, was chairman 
of the railroad and a member of the judic- 
iary committees, which had some difficult 
work in a hitherto unexplored field in 
guiding legislation upon the relations of the 
railroads to the state. In 1849, '50 and '51 
and again in 1861 and '68 he was elected 
to the state Senate from Franklin county, 
doing his most notable work on the judic- 
iary committee. 

Professionally and politically he had come 
to be recognized as a man of brilliant parts 
and comprehensive reach of mind, and in 
1856 he was elected a representative in 
Congress, being the youngest member of 
that body, but taking quite an active part 
for a new member, serving on the foreign 
affairs committee, and attracting attention 
by his speech on the Cuban ciuestion, which 
was at that time deeply agitating the country. 
Retiring from Congress he resumed his 
professional practice with increasing renown, 
until in 1S70 he was elected justice of the 
Supreme Court, and regularly re-elected 
until in 1882, on the death of Judge Pier- 
point, Governor Farnham appointed hinv 



'56 



WOODBRIDGE. 



chief justice, a position tliat he held by 
regular re-election, though once or twice 
with a spirited contest, until his death. It 
was under him as chancellor that the long 
and involved litigation of the Central Ver- 
mont R. R. arose. Many of his opinions, 
notably as to the disqualification of jurors, 
as to what constitutes an expert, and as to 
the rights of riparian owners, are often 
quoted. 

Judge Royce was prominent among the 
promoters of the Mississquoi R. R. In 
1882 he received the degree of I.L. 1). from 
the University of Vermont. 

He married, Jan. 23, 185 1, Mary, daugh- 
ter of Charles Edmunds of Boston, who bore 
him three children : Stephen E., Homer C, 
and Mary Louise. 

Mr. Royce died April 34, 1891. 

BAXTER, PORTUS.— Representative in 
Congress 1861- 
'65, the "sol- 
dier's friend," as 
^ he w a s t h e n 

fondly and de- 
ser^•edly called, 
and, for a full 
decade before, 
the Thurlovv 
Weed of Ver- 
mont politics, 
the greatest per- 
sonal political 
force on the east 
side of the 
mountains, was 
born from one of 
iiulies of the state, at 
Brownington, 1806. He was liberally educated 
at Norwich University, but engaged at Derbv 
in 1828 in mercantile and agricultural pur- 
suits, and, with his keen activity, energy, and 
farsightedness, most successfully. His posi- 
tive character, his fine judgment of men, and 
his facile handling of them rapidly won him 
an influential position in politics, first in his 
town and county, then throughout the dis- 
trict and the state, and finally in national 
affairs. But he was never a self-seeker, more 
enjoying power behind the throne, in con- 
ventions and appointments, and in using his 
electric power to lift other men rather than 
himself. 

He repeatedly refused election as town 
representative and once or twice at least 
could have had his party's nomination 
for Congress but preferred it to go to others. 
He was an ardent Henry Clay Whig while 
the party lasted, and was the only delegate 
from New P^ngland in the convention of 
1848 to advocate the nomination of Gen- 
eral Taylor from the beginning. In 1852 
he headed the Scott electoral ticket in Ver- 




the ol.k 



mont, and in 1856 that of the young Repub- 
lican party for Fremont. 

Finally, in i860, he accepted a nomina- 
tion for Congress, beginning services with the 
opening of the rebellion and continuing 
through the momentous events of that pe- 
riod, until in 1866, with the Union secure, he 
declined a re-election, which he had before 
had almost unanimously. He served indus- 
triously on the committees of elections, agri- 
cultural, and expenditures of the navy de- 
partment. He was a close friend of Secretary 
Stanton, and the latter as he said, found it 
about impossible to refuse him anything. 
Mr. Baxter improved the opportunity to min- 
ister with extraordinary zeal to the wants 
of the soldiers in the field. He operated 
by personal efforts, by the charm of his man- 
ners and the magnetism of his conversation 
and social intercourse, rather than by speech- 
making. He never but twice attempted 
any formal speech-making or any real 
argument on his feet. What he had to say 
he said in a few words, so surcharged with the 
intense conviction and the thorough earnest- 
ness of his nature as to well take the 
place of logic and rhetoric. He was in 
every fibre of his being a patriot ; he was a 
man of generous and warm svmpathies. 
These two facts, with his frank and engaging 
manners, explain his remarkable power of 
party leadership. "We never knew a more 
earnest or energetic politician," said one 
eulogist after his death. During the ghastly 
days of the Wilderness campaign and fight 
he was at the front at Fredericksburg to 
minister to the wounded and suffering, and 
all that sunmier both he and his wife 
remained at their post of tender duty until they 
were themselves prostrated, and sickness only 
made an interval in their labors. It was no 
wonder that he obtained such a large place in 
the soldiers' affections. Two of his sons, 
physicians, also rendered invaluable ser- 
vice on the field and in the hospitals, and 
a third, the youngest, entered the service as a 
private, in the i ith Vermont and came out a 
brevet major, with successive promotions, all 
won by gallantry. 

His wife, was Ellen Jannette, daughter of 
Judge Harris of Strafford, whom he wedded 
in 1832. 

Mr. Baxter died at Washington, March 4, 
1868, from pneumonia, after only a few days' 
illness, though he had for years suffered from 
asthma. 

WOODBRIDGE, FREDERICK E.— For 
four years in Congress, was born at Ver- 
gennes, .August 29, 1818, graduated at the 
University of Vermont, 1840, studied law 
with his father, Hon. E. D. Woodbridge and 
was admitted and practiced at Vergennes. 
He was a member of the state House of 



«57 



Representatives, 1849, 1857, 1858, repeatedly 
mayor of \'ergennes, state auditor, i85o-'5i- 
52, prosecuting attorney, i854-'58, engaged 
in railroad management, and was several 
years vice-president and active manager of the 
Rutland & Washington R. R. ; a state senator, 
i86o-'6i, and president pro tonpoie of that 
body in 1861. He was elected a represent- 
ative from Vermont in the Thirty-eighth 
Congress as a Republican, receiving 8,565 
votes, against 3,486 for White, Democrat ; 
was re-elected to Thirty-ninth Congress, re- 
ceiving 9,447 votes, against 3,671 for \\'ells, 
Democrat, was re-elected to Fortieth Con- 
gress, 10,568 votes, against 3,036 for Wells, 
Democrat. 

Mr. Woodbridge died April 25, 18SS. 

SMITH, WORTHINGTON C— Congress- 
man from 1867 to 1873, son of Congressman 
John and Maria (Curtis) Smith, and brother 
of Gov. John Gregory Smith, was born at 
Barre, Mass., August 12, 1789. He gradu- 
ated from the University of Vermont, near 
the head of his class, in 1843, and studied 
law for a while in his father's office, but 
abandoned it before admission to the bar to 
enter business life. He embarked in the 
iron trade in 1845, and carried it along suc- 
cessfully, either alone or in partnership, until 
i860, when he leased the works known as 
the St. Albans Foundry until 1878, then re- 
suming the active management again. The 
business consisted chiefly in the manufacture 
of articles needed by railroad companies. 
He was himself largely identified with the 
railroading of the state, being a director for 
several years and afterwards president of the 
Vermont & Canada, a trustee and manager 
of the Vermont Central and the leased lines 
from 1870 to the crash of 1S73, then vice- 
president for three years of the Central Ver- 
mont, and one of the trustees for six years 
after 1872, and then president and manager 
of the Missisquoi road. He was also presi- 
dent of the \'ermont National Bank, at St. 
.Albans, from 1864 to 1870. 

Up to the war he was a Democrat in poli- 
tics, but promptly identified himself with 
what he regarded as the party of the Union 
after the firing on Fort Sumter. As presi- 
dent of the corporation of St. .'Albans he con- 
vened the first "war meeting" at the place, 
and he helped to raise and equip the Ransom 
Guards, a company in the first volunteer reg- 
iment dispatched from Vermont. In 1863 
he represented St. .'\lbans in the Legislature, 
and in i864-'65 was state senator, being 
complimented by a unanimous election to 
the presidency pro tem of that body in the 
latter year. He had ser\ed so usefully in both 
branches of the Legislature that in 1S66 he 
was sent to Congress, and was re-elected in 
1868 and 1S70. In the two latter terms he 



served on the committee on banking and cur- 
rency, of which Garfield was chairman. His 
position was not a prominent one in Con- 
gress, though its duties were well filled. His 
first speech, on the question of the impeach- 
ment of President Johnson, was a very good 
one in its discussion of constitutional princi- 
ples. Another one which attracted some 
attention was delivered Jan. 26, 1869, and 
took the ground that the way to reach specie 
payments was to retire the greenbacks. 

Mr. Smith was possessed of a good deal of 
executive ability, was keen and farsighted as 
a business man, and personally was a most 
interesting conversationalist, and he had the 
powers of mind that would have adorned 
almost any of the professional walks. 

He married, Jan. 12, 1850, Catherine M., 
daughter of Maj. John \\'alworth of Platts- 
burg, N. v., and seven children, of whom 
five sursived childhood, were the issue of 
the union. 

He died Jan. 2, 1894. 

W 1 L L A R D , Charles W.— Lawyer, 

editor and congressman, was born at Lyndon, 
June 18, 1827, and son of Josiah and Abigail 
(Carpenter) Willard. He graduated from 
Dartmouth in 1851, and came to Montpelier 
where he studied law in the office of Peck & 
Colby, was admitted to the bar in 1853, and 
for a time was in partnership with F. F. 
Merrill. He was a man of refined scholarly 
habit, of a breadth and candor of mind that 
were almost Madisonian, and of high ideals 
and earnest purposes in every relation of life. 
These qualities combined with practical good 
sense and ready courage in contests for what- 
ever he believed to be right, made him a 
power for good in state thought and opinion, 
and though he was lacking utterly in the arts 
of politics secured him steady advancement. 
In 1855 and '56 he was secretary of state, 
until he declined a further re-election. In 
i860 and '61 he was a state senator from 
Washington county, and in the latter year 
became editor and proprietor of the Mont- 
pelier Freeman, which he built up to be one 
of the most influential papers of the state, 
and a fine exponent of the more temperate 
thought of his party. He retained the con- 
trol of its conduct and most of the time did 
its editorial work until 1873, though in 1865 
he was for a time in Milwaukee in the editor- 
torial chair of the Sentinel, and as long as 
life lasted he wrote much and inspiringly on 
current events. 

He was elected to Congress in 1868, and 
re-elected in 1870 and 1872. His service 
was both conscientious and laborious, so 
much so as to undermine his health. In the 
latter part of his service amid the revulsions 
of wholesale corruption, the credit Mobilier, 
salary grab and other scandals, the use of 



iS8 



force to sustain state governments in the 
South, and the progress of the third term 
movement for President Grant, hs got out of 
sympathy with his party, and voted inde- 
pendently on a number of questions, while 
he wrote vigorously in criticism of e\ents. 
The result was that he was defeated for re- 
nomination. 

For some time afterwards his energies 
were given largely, with visits to Colorado 
and other places, in efforts to regain his 
health, but with only partial success. His 
intellectual activity, however, did not cease, 
and in 1879 he accepted an appointment as 
one of the commissioners to revise the 
statutes of the state, and his colleague, Col. 
W. G. Veazey, having gone upon the bench, 
the burden of the work fell on Mr. Willard, 
and he did it, had the copy all prepared and 
about three-fourths of it put to press, before 
death overtook him, June 7, 1880. 

In the state election of 1878 he received 
quite a complimentary vote, without any 
action or approval on his part, from an inde- 
pendent movement in the southeast part of 
the state, consisting mainly of I )emocrats. 
He was a life-long member of the Congre- 
gational church, and a genuine Christian in 
his daily walk. 

He married, in 1855, Emily Doane, daugh- 
ter of H. H. Reed, and she bore him four 
children: Mary, Ashton R. (a lawyer and 
literateur of growing reputation), KlizaMay, 
and Charles Wesley. 

DENISON, Dudley C. -Congressman, 
born in Royalton, Sept. 13, i8ig, was the 
son of Joseph A. and Rachael (Chase) Den- 
ison. The Denison family is of English 
origin, represented now in that country by 
the Earl of Londesborough. The Chase 
family and its distinction in .American life is 
traced in the sketch of Senator Dudley Chase, 
after whom our subject was named. 

Dudley C. Denison was graduated from 
the University of Vermont in 1840, studied 
law in the office of John S. Marcy, was ad- 
mitted to the bar in 1845, and has practiced 
continually at Royalton, having his oldest son, 
J. D. Denison, for a partner after 1870. He 
was coimty senator in t853-'54, state's attor- 
ney 1858 '60, and represented Royalton in the 
House in i86i-'62-'63, serving on the com- 
mittee of ways and means, and doing efficient 
work in securing the first appropriation for 
defraying the expenses of the war for the 
Union. In 1864 President Lincoln ap- 
pointed him United States District .Attorney 
for the District of Vermont, and he held the 
position until 1869, having a good many dif- 
ficulties growing out of the war to handle, 
as also those connected with the Fenian 
raid on Canada. 



The political reaction of 1874, so strong 
throughout the country, was intensified in the 
old Second District of Vermont by the an- 
tagonism left by the animated contest for the 
nomination to Congress in 1872 between 
Judge Poland and Judge B. H. Steele. 
Poland won, but he had another hard fight, 
though against a more scattered and more 
poorly led opposition to get the nomination 
in 1874. The result was a bolt after the con- 
tention, the opposition concentrating on 
Denison. The result was no election in 
September and at the second trial in Novem- 
ber the Democrats generally united with the 
dissatisfied Republicans, and Denison was 
elected by a handsome majority, getting 
8,295 ^'otes to 4,079 for Poland, and 1,524 
for Alex. McLane, the Democrat. Mr. Deni- 
son was elected for a second term in 1876, 
by a vote of 14,430 to 5,739 for A. M. 
Dickey, Democrat. His congressional career, 
however, was without notable incident, e.x- 
cept that he was one of the twelve in the 
House to vote against a resolution declaring 
that no man should be eligible to a third 
term for the presidency. 

At the expiration of his term he returned 
to the practice of his profession with renewed 
\igor and success. He was regarded as an 
especially strong jury advocate, full, clear and 
explicit in his statement of the case, and with 
a rare faculty of inspiring confidence. 

He was married Dec. 22, 1846, to Eunice, 
daughter of Joseph Dunbar, of Hartland, and 
seven children, of whom five survive, were the 
issue of this union. Besides Joseph D., his 
father's partner, John H., is a lawyer at Den- 
ver, Col., and three are daughters. 

B A R L OW, Bradley. — Congressman, 
banker, railroad 
operator, over- 
land stage pro- 
prietor and for 
forty years one 
. of the most ac- 

tive and influen- 
tial men of his 
section, was born 
in Fairfield, May 
12, 1814, the son 
of Col. Bradley 
and De b o r a h 
(Sherman) Bar- 
low. His father 
was one of the 
leading citizens 
and business men of Franklin county. 

The son, receiving a common school edu- 
cation, commenced life as a clerk in a store 
at Philadelphia, then succeeded his father in 
business at Fairfield, until he moved to St. 
.Albans, in 1857, to become cashier of the 
bank there. The bank management was his 



..;*i 1«5l 




159 



primary business, first as cashier, then, after 
1S74, as president, until the collapse of all 
his interests in 1883. 

In 1S60 he was drawn through a loan he 
had made into the overland stage and ex- 
press business in the West. He readily saw 
the opportunities and future of the business, 
and for the next twenty years as the chief 
member of the firm of Barlow & Sanderson, 
and in other connections, he was deeply en- 
gaged in it, building htmdreds of miles of 
road, employing hundreds of men, and thou- 
sands of horses and mules, and at one time 
covering an aggregate distance of seven 
thousand miles a day. The enterprise was 
very successful, and when Mr. Barlow re- 
tired it was with a fortune. Hut he was 
also a thorough believer in Vermont and her 
resources, as are all who know the West best, 
and he was full of projects for Vermont 
development, in the water power at Ver- 
gennes, the statuary marble quarries and 
mills at Brandon, in all of which he had in- 
terests, but misfortune prevented the fulfil- 
ment of his plans. He was liberal to every 
project of enterprise, benevolence, or public 
spirit at St. Albans, and especially he put 
some 540,000 into the Welden House at 
that place. 

He became interested in the Southeastern 
Railway of Canada and Northern Vermont 
in 1879, after the death of Col. A. B. Foster, 
whose sons, one of whom had married a 
daughter of William Barlow, found his es- 
tate badly involved. Barlow stepped into 
the breach, purchased one interest after 
another until he became substantial owner of 
the whole property, entered upon an exten- 
sive scheme of equipment, improvement and 
development, acquiring, by lease and pur- 
chase of securities, control of a line 300 
miles in length and connecting the Atlantic 
seaboard with Montreal and the Canadian 
Northwest. He had a contract with the syn- 
dicate controlling the Canadian Pacific and 
went ahead with his improvements in full 
confidence that the contract would be ful- 
filled, because it was a needed property for 
the syndicate. 

But the latter preferred to get control 
cheaper, so at a critical time it refused to 
ad\'ance the expected money, and Barlow 
was compelled to fail, drawing his bank down 



with him and making the beginning of a 
series of crashes that wiped out every bank 
in St. Albans. He turned over everything 
for the benefit of creditors, who almost uni- 
versally felt only sympathy for him, regarding 
the failure, disastrous as it was, as a misfor- 
tune rather than fault. He never recovered 
from the blow, and his remaining years were 
passed in comparative retirement until his 
death. 

Mr. Jjarlovv represented Fairfield in the 
Legislature of 1845, 1850. 1851 and 1852, 
and St. Albans in 1864 and 1865, while he 
was a member of the state Senate from 
Franklin county in 1866 and 1868. He 
was a member of the Constitutional Conven- 
tions of 1843, 1850 and 1857 and assistant 
secretary of the former. In each of these 
bodies and wherever he was placed, his 
ready and resourceful mind, his faculty of 
making winning combinations, and his clear 
and businesslike way of statement whenever 
he spoke, made him a leader in influence. 
Up to the war he was a Democrat in politics 
but afterwards a Republican. He was the 
county treasurer from i860 to 1867, and 
among the other positions of responsibility 
and trust he held were that of director and 
president of the ^'ermont &: Canada R. R., 
and director of the Central \'ermont and 
other companies. 

In 1878 he was ambitious to go to Con- 
gress, but was defeated for the nomination 
by Gen. W. W. Grout. A bolt was soon 
organized, and an independent convention 
held to endorse the nomination which had 
been given him by the Greenbackers, who 
were quite strong in the district, and the 
bulk of the Democrats turned in to his sup- 
port. The result was to prevent Grout's 
election at the first trial and Barlow's easy 
victory at the second. Barlow had the 
unanimous vote of his native town of Fair- 
field and the largest one that was ever cast 
for any candidate of any party in St. .Ailbans. 
But he served only one term. Before that 
was out he got involved in his Southeastern 
enterprise and before the next campaign 
opened withdrew his name in favor of his 
former competitor. Gen. \\'. W. Grout. 

Mr. Barlow married, Jan. 17, 1837, Caro- 
line, daughter of Gen. James Farnsworth of 
Fairfax, and the issue of the union were 
five children, only two of whom survive. 



JUDGES OF THE SUPREME COURT. 



By HIRAM A. HUSE. 



The following is a complete list of the Judges of the Supreme Court of Vermont, with 
dates of service, from 1778 to 1894. 



•Moses Robinson, Ch. J., 


tjonas Galusha, 


1807-09 1 Milo L. Bennett, 


1838-50, 


1852-59 


177S-S4. 1785-80 


David Fay, 


1809-1:5 1 William Hebard, 


1842-43, 


1844-45 


John Shepardson, 1778-80 


Daniel Farrand. 


1813-ii 1 Daniel Kellogg, 


1843-44. 


1845-5' 


John Fassett, 1778-86 


ITJonathan H. Hubbard, 


1813-15 


tHiland Hall. 




1846-50 


Thomas Chandler, 1778-79 


Asa.41dis, Ch. J., 


1S15-16 


Charles Davis, 




1846-48 


John Throop, 1778-82 


tRichard Skinner. Ch. J., 




§LukeP.Poland.Ch.J., 


1848-50, 


1857-65 


Paul Spooner, Ch. J., 1779-89 


18.5-17. 


1823-29 


Pierpoint Isham. 




.851-57 


Increase Mosley, 1780-81 


§James Fisk, 


1815-17 


Asa 0. Aldis. 




1857-05 


•ElishaPayne, Ch. J., 1781-82 


tWilliam A. Palmer, 


1816-17 


John Pierpoint, Ch. |., 




1S57-82 


Simeon Olcott, 1781-82 


§Dudley Chase, Ch. I., 


1817-21 


James Barrett. 




1857-80 


•Jonas Fay, 1781-83 


Joel DooHttle, 


1817-23 


Loyal C Kellogg, 




1859-67 


Peter Olcott, 1782-85 


William Brayton. 


1817-22 


tAsahel Peck, 




1860-74 


Thomas Porter. 1783-86 


tCornelius P. Van Ness, Ch. J 




William C. Wilson, 




1863-70 


Nathaniel Niles, 1784-88 




1821-23 


Benjamin H, Steele, 




1865-70 


§Nathaniel Chipman, Ch, J., 


tCharles K. Williams, Ch. J., 




JohnProut 




1867-69 


1786-87, 1789-91, 1796-97, 1813-15 


1822-24, 


1829-46 


tHoyt H. Wheeler, 




1869-77 


•Luke Knowlton, 1786-87 


Asa Aikens, 


1823-25 


jHomer E. Rnyce. Ch. 


., 


1870-Qo 


§Stephen R. Bradley, 1788-89 


§Samuel Prentiss, Ch. J., 


1S25-30 


Timothy P Redfield. 




.870-84 


Noah Smith, 1789-91, 1798-1801 


Titus Hutchinson, Ch. J., 


1825-34 


tJonathan Ross, Ch. J., 




1870- 


Samuel Knight, Ch. J., 1789-94 


tStephen Royce, Ch. J.. 




tH. Henry Powers. 




.874-9° 


§Elijah Paine, 1791-94 


1825-27, 


1829 52 


Walter C. Dunton, 




1877-79 


tisaac Tichenor, Ch. J., 1791-96 


Bates Turner, 


1827-29 




Wheelock G. Veazey, 




1879-89 


Lott Hall, 1794-1801 


Ephraim Paddock. 


1828-31 




Russell S. Taft, 




1880- 


Enoch Woodbridge, Ch. J., 1794-1801 


John C. Thompson. 


1830-31 




John W. Rowell. 




1882- 


tisrael Smith, Ch. J., 1707 98 


Nicholas Baylies, 


1831-34 




William H Walker, 




1884-87 


•Jonathan Robinson, Ch. J., 1801-07 


«Samuel S. Phelps. 


1S3.-38 




James M. Tyler, 




"!?'" 


RoyalTyler, Ch. J,, 1801-13 


Ijacob Coilamer. 


1834-42 




Loveland Munson. 




i88q- 


Stephen Jacob, 1801-03 


tjohn Mattocks, 


i8j4-35 




Henry R. Start, 




1890- 


Theophilus Harrington, 1803-13 


Is.iac F. Redfield, Ch. J.. 


1835-60 




Laforrest H. Thompsor 




1890- 



* Biographical sketch will be found among " The Fathers." t Biographical sketch will be found a 
t Biographical sketch will be found in Part H. § Biographical sketch will be found ; 

V, Biographical sketch will be found among " The Representatives." 



ng"TheGo 



THEIR FIELD OF LABOR. 

There are (since Dec. i, 1893) three terms (October, January and May terms) of the 
Supreme Court, all held in Montpelier. The seven judges of the Supreme Court (one chief 
judge and six assistant judges) all attend these terms, giving them from fifteen to twenty 
weeks' work in a year hearing cases that go up from the county courts on appeal or excep- 
tion. Besides this each judge presides in four terms of county court (our trial court) each 
year. For some years the judges have gone in rotation to their county court work, and, as 
there are fourteen counties in the state, it takes each judge three and one-half years to make 
the entire circuit of the state as presiding judge of the county court. Until about ten years 
ago this county court work was done in a different way, each judge having two or three 
counties where he regularly presided, and till Dec. i, 1893, a term of the Supreme Court was 
held in each county attended by four judges, there being only one general term held in 
Montpelier. 

So that the Supreme Court, as to its own terms, has ceased to be " on wheels," but its 
members still have to wheel about, or slide about the whole state to do their nisi prius 
work. , 

The aboriginal jurisdiction of the Indians was not much interfered with till about the 
middle of the eighteenth century, and till that time they ran things and themselves pretty 
much as they liked, and indeed, for many years after that, now and then ran the whites off 
in a way the latter did not like. 

Governor Benning (hence Bennington, and John and Molly, whose real name was 
Elizabeth Stark, and the battle and the monument) Wentworth of New Hampshire began 



JUDGES OF THE SUPREME COURT. l6l 

granting towns in 1749, and to 1764 had granted one hundred and thirty-eight towns, on 
what is now Vermont territory. .At the close of the French and Indian war immigration 
set in, and in 1 764 an order of the King in council made the west bank of the Connecticut 
River the boundary between New Hampshire and New York, and New York began granting 
not only lands not before granted by New Hampshire, but also regranting such granted 
lands on which settlements had been made. The King, in 1767, ordered New York to 
cease making these grants, but the New York authorities construed the order to apply only 
to lands already granted by New Hampshire. 

We get to 1764 no counties, for New Hampshire itself was not divided into counties 
till 1769 or 1771, and as her courts between 1749 and 1764 seem to have been held at 
Portsmouth, the luxury of a lawsuit was rather a long-distance blessing for Vermont. From 
I 764, for some years, the privilege of " 'tendin' court " could only be indulged in in Albany, 
for the whole state was then in .Albany county. This " privilege " continued for the west 
])art of the state longer than for the east, and was not highly valued by the settlers of the 
" grants," as is set forth in Judge Taft's excellent sketches of the Supreme Court now publish- 
ing in the "Green Bag." He says: "So many of the recalcitrant settlers were sum- 
moned to the City Hall in .Albany, in which the blind goddess purported to hold sway, that 
a meeting of the settlers was held at Bennington to devise means to get rid of the building. 
Several methods of blowing it up were suggested, when Ethan .Allen, to divert their minds 
from that manner of destruction, proposed that Sim Sears, a famous land speculator, noted 
tor selling property that did not belong to him, 'be employed to sell the d — d thing.' " 

By the way, how Ethan keeps himself to the fore ! Evidently not as much loved by his 
fellows as were Seth \Varner and Remember Baker, his "please mention that I was there" 
gets obeyed by later generations, though it only drew from the parson to whom it was 
directly addressed, the rebuke, "Sit down, thou bold blashemer." He 7iias bold, and strong ; 
not modest : loved to do things deserving praise, and loved praise. Only the other day, 
going down through the State House yard, I met by the gate a man and woman with their 
little girl between them. It would have warmed the cockles of Ethan's heart to have heard, 
as I did when I passed them, the mother say to the girl, "I'll show him to you just as soon 
as we get there." The Bennington cannon and Mead's statue of .Allen flank the State House 
door, and within and above are the battle-flags borne against the rebellion — all symbols of 
the sword that won and preserved the peace in which our courts give justice to those who 
seek it within their precincts. 

.Allen, \Varner, Baker, and their fellow settlers didn't have county seats and court- 
houses on the " Hampshire Grants " for some time, but in the Documentary History of 
New York may be found some " mighty interesting reading," as to how they judged and 
punished those who trespassed on their lands. In fact, these plaints of those who suffered 
from the beech seal, and from the twigs of the wilderness, and from the free and untram- 
meled language of the woodland judges, are excellent specimens of reporting, and would 
make at least as large a volume as N. Chipman. 

New York took measures for the administration of her laws in the territory declared to 
be hers in the order of 1764, beginning in 1766 to establish the county of Cumberland and 
effecting it finally by a charter of March 17 or 19, 1768 — the boundaries were the west 
bank of the Connecticut, thence twenty-six miles to the southwest corner of Stamford, thence 
north fifty-six miles to the northeast corner of Socialborough (Clarendon), thence north 
fifty-three degrees, east thirty miles to the south corner of Tunbridge, thence by the south line 
of Tunbridge, Strafford and Thetford to the Connecticut. The county seat was first Ches- 
ter, then (1772) Westminster. .A Court of Common Pleas and General Sessions of the 
Peace was authorized to be held twice a year. Thomas Chandler of Chester, Joseph Lord 
of Putney and Samuel Wells of Brattleboro were first commissioned judges of the Inferior 
Court of Common Pleas July 16, 1766, and their commissions were renewed in April, 1768 
and 1772, and in the last named year Noah Sabin was added to their number. So the first 
court ever held in Vermont w-as at Chester, in the county of Cumberland of the state of 



l62 JUDGES OF THE SUPREIIE COURT. 

New York, and the first judges were the above named. I think Charles Phelps of Marlboro, 
the great-grandfather of Gen. John W. Phelps, was the first Vermont lawyer, at any rate he 
had the first law library of any member of the profession in the state and by being a Yorker 
in sympathy and action, got it confiscated. Mr. Phelps got most of his books back after a 
time, but the revisers of the laws in 1782 made use of them in their work and they may be 
said to have constituted the first appearance of a Vermont State Library. 

Solomon Phelps, Crean Brush, Charles Phelps and Samuel Knight were commissioned 
as attorneys. John Grout, of Chester, was also admitted an attorney. They were the first 
"block of five" of lawyers here, and in their lives pretty well exemplified the varying for- 
tunes of the profession. Grout had an especially rocky time in attempting to practice ; 
Brush was a tory, and committed suicide in 1777; Knight was an estimable man and highly 
esteemed after the unpopular stand he took with the Yorkers had grown to be an old story ; 
the Phelpses were men of brains but Charles was always in troubled waters, and Solomon, 
his son, at last killed himself. 

By a New York ordinance of March 16, 1770, Gloucester county was established out of 
that part of Albany county lying north of Cumberland county and east of the Green Moun- 
tains, and May 29 of that year, at Kingsland (or Kingsborough), now Washington, the first 
court for Gloucester county was held. There was not an inhabitant or a house within the 
hmits of Kingsland when the county was estabHshed, but a log courthouse and jail were 
there when court was held in May, and' the stream that flows near by is still called "Jail 
Branch." Governor Farnham's article on the Orange County Bar in Child's Gazetter of 
Orange County sets forth the records of this Gloucester county " courts of quarter sessions 
and court of common pleas." John Taplin, Samuel Sleeper and Thomas Sumner were the 
"judges being appointed by the government of New York." There were also present 
James Pennoc, Abner Fowler and John Peters, "Justices of the Quor'm," as well as John 
Taplin, Jr., High Sheriff. The business recorded is : "The court adjourned to the last 
Tuesday of August next." The last Tuesday of August it met and "adjourned to the last 
Tuesday in November next." In November it had eight cases before it, called them and 
put them over, and adjourned to the last Tuesday in February, 1771. 

The record of the next term shows that when our Supreme Court wheeled and slid 
about the state it was not in the lowest condition attainable, for here was its humble fore- 
runner fairly traveling "on its uppers." This is the record (now at Chelsea), and in read- 
ing it one must remember that Mooretown (Moretown) is now Bradford and not the town 
which now has that name, and that Kingsland is now Washington. 



" Feb. 25th, Sat out from Mooretown for Kings Land travieled untill 
1771. Knight there being no road and the Snow very Depe we 

travieled on Snow Shoes or Racatts on the 26th we travieled some ways and 
Held a Council when it was concluded it was Best to open the Court as we saw 
No Line it was not whether in Kingsland or Not But we concluded we were 
farr in the woods we did not expect to see any house unless we marched tliree 
miles into Kingsland and no one lived there when the Court was ordered to be 
opened on the spot. 

Present John Tapun Jniige 

John Peters of the Qitor^m. 
John Taplin, Jun'r, Sheriff. 

All cases continued or adjourned over untill next term. The Court, if 
unc, adjourned over untill the last Tuesday in May next." 

" If one " is careful and good. 

In 1772 it was ordered that the February and August terms be held in Newbury, and 
the court ran a year or more longer. 

In July, 1774, there first appeared in Vermont a Supreme Court judge doing official 
business. This was at Westminster, and the judge was Robert R. Livingston, one of the 
judges of the Supreme Court of the Province of New York, presiding in a court of Oyer and 
Terminer and general gaol delivery. Judge Livingston was born in New York in August, 
1 718, and died in Clermont, N. Y., Dec. 9, 1775. He was a man of abihty and many 
accomphshments, and the richest landholder in New York — his country home at Clermont 



JUDGES OF THE SUPREME COURT. 163 

and his city residence in New York being of the best in their day. He married Margaret) 
daughter of Col. Henry Beekman, and his daughter Janet married Gen. Richard Montgomery. 
Judge Livingston was also a landholder in Vermont, as one of the grantees of Camden, 
(part of Jamaica and vicinity). 

The Revolution was coming on apace and the next March saw the close of courts held 
under authority of a Province of a King, and of New York judicial rule in \"ermont. This 
close was more than dramatic ; it was tragic ; and, while there has been much dispute as to 
whether the uprising was against New York or Britain, and some doubt as to William 
French's right to the title that has been given him, it should be remembered that Benjamin 
H. Hall, than whom no more painstaking, accurate and truthful historian ever wrote, claims 
for him in the History of Eastern Vermont, "the title of the proto-martyr to the cause of 
American liberty and of the Revolution." The Westminster massacre marked the last attempt 
to hold court in Vermont under royal authority ; and William French's epitaph on the old 
gravestone that first marked his resting place, is the testimony of his own day and genera- 
tion as to the cause in which this young man from Brattleboro died. It ran thus : 

" In Memory of William French, 
Son to Mr. Nathaniel French. Who 
Was Shot at Westminster March ye i3lh, 
1775, by the hands of Cruel Ministereal tools, 
of Georg ye s^ in the Corthouse at a 11 a Clock 
at Night in the 22^1 year of his Age. 

Here William French his Body lies. 
For Murder his Blood for Vengance cries. 
King Georg the third his Tory crew 
tha with a bawl his head Shot threw. 
For Liberty and his Country's Good, 
he lost his Life his Dearest Blood." 

Charlotte county had been established by New York March 12, 1772, its territory being 
the northern part of what had been Albany county, and lying partly in Vermont and partly 
in New York. The southern part of what is now Bennington county remained in Albany 
■county. So much of Charlotte county was hostile to New York that, in 1774, the courts of 
Albany county were given jurisdiction of crimes committed in Charlotte county — that was 
the year that one hundred pounds reward was ofTered by New York for Ethan .^Uen, the 
same for Remember Baker, and fifty pounds each for six others. Those named in the act 
of outlawry issued an address threatening immediate death to any one trying to arrest them. 
Charlotte county, whose county seat was Fort Edward, really did no business this side the 
present New York line. After the Westminster tragedy no courts were in operation till the 
organization of the state government. The people took care of public matters by commit- 
tees and by the Council of Safety. The division into counties was recognized, however, as 
may be seen, as well as elsewhere, on the title page of Rev. Aaron Hutchinson's Sermon, 
" preached at Windsor, July 2, 1777, before the representatives of the towns in the counties 
of Charlotte, Cumberland and Gloucester, for the forming of the State of Vermont." 

When Vermont's first Legislature convened the new state was organized into two 
counties, Bennington and Unity. This act was passed March 17, 1778. March 21 the 
name of Lhiity was changed to Cumberland. Cumberland included the territory east of 
the Green Mountains and was divided into two shires by the " ancient county line" — the 
Newbury shire and the Westminster shire. Bennington county had also two shires, Ben- 
nington and Rutland. At the February session, 17S1, Bennington county was divided, keep- 
ing under its own name substantially what is now its territory, and its northern part becom- 
ing Rutland county. The same session Cumberland was divided into three counties — 
Windham and Windsor, substantially as now existing ; and Orange county, comprising every- 
thing to the Canada line north of Windsor and east of Rutland. October 18, 1785, Addi- 
son county was established and Oct. 22, 1787, Chittenden county. November 5, 1792, 
Franklin, Caledonia, Orleans and Essex counties were established, but the Orange county 
territory in the above counties was to "continue to be annexed" to Orange county till Oct. 



164 JUDCES OF THE SUPREME COURT. 

I, 1796. Cirand Isle county was formed Nov. 9, 1802, getting North and South Hero from 
Chittenden and its other three towns from Franklin. November i, 1810, Jefferson county 
was incorporated and it was organized in 18 11, beginning its working existence Dec. i 
iSii. It got its territory from Orange, Caledonia, Chittenden and Addison counties. The 
name of Jefferson was changed to Washington Nov. 8, 1814. Lamoille county was estab- 
lished in 1836. 

Vermont's first Legislature met March 12, 1778, and had a session of two weeks, and 
another session in June. It established a special court, with five judges to each court, for 
each shire, thus electing twenty judges, none of whom, it may be noted, were lawyers. In 
June they re-elected twelve of these, and elected eight new ones, and among the eight not 
re-elected was Maj. Jeremiah Clark, the first judge of the Bennington shire. His court had 
done business, however, before he went out of office, for David Redding was tried for and 
convicted of " enemical conduct." Redding was a spy, and had been detected in his secret 
work, and in carrying off some muskets to the enemy. But June 4, John Burnham, who 
appears never to have been admitted to the bar, appeared before the (Governor and Council 
with a copy of Blackstone, and convinced them that it was all wrong to hang Redding, as 
the jury that convicted him consisted of only six men. They gave the prisoner a new trial. 
Ethan Allen had returned the week before from his captivity in England, and had completed 
the celebration of his return, at which, he records, they " passed around the flowing bowl." 
The Governor and/Council on that 4th of June reprieved Redding, who was to have 
been hung that very day, for one week, and appointed .Allen as prosecutor to conduct 
the case at the new trial. A multitude had gathered to see Redding hung, and on learning 
of the reprieve seemed inclined to appeal to Judge Lynch. Allen mounted a stump, waved 
his hat, and, without speaking through it, called ".Attention, the whole ! " advised the people to 
go quietly home, and to return the i ith, adding : "You shall see somebody hung, for if Red- 
ding is not then hung I will be hung myself." The crowd left ; Redding was tried the gth by 
a jury of twelve men. Major Clark being presiding judge again, and Allen conducting the 
prosecution. The twelve found Redding guilty, as the six had done before, and on the i ith 
he was duly hung, having had the same benefit he would from exceptions, if there had been 
any provision for exceptions, which benefit figured up just seven days more of life. 

June 17, 1778, the General Assembly constituted a Superior Court for the banishment 
of Tories and appointed as its judges Col. Peter Olcott of Norwich (afterwards a judge of 
the Supreme Court), Bezaleel Woodward of Dresden (now Hanover, N. H., and then with 
Piermont and many other New Hampshire towns, represented in the Vermont Legislature), 
Major Griswdld, Patterson Piermont, Esq., and Major Tyler. I think it was this court that 
passed judgment of banishment on James Breakenridge, Ebenezer Cole and John McNeill, 
and which the council, July 17, 1778, recommended to " dissist from any further prosecu- 
tions " till the " rising of the Sessions of Assembly in October next." These men sentenced 
to banishment were reprieved till such rising of the Assembly : S^f Xo]. I, Governor and 
Council, pp. 273, 274. 

The Major Tyler of this court was evidently Major Joseph Tyler of Townsend. Major 
Griswold was doubtless Major John Griswold of Lebanon. Patterson Piermont, Esq., I am 
now unable to place. It is a fact that a Capt. Isaac Patterson was then or soon after a resi- 
dent of Piermont. The ridiculous mistake once made by the .Austrian police, warns me 
however from indulging the notion that Patterson of Piermont was the fourth judge. 

The relation — by consanguinity, affinity, or otherwise — of the Austrian police to the 
Supreme Court of Vermont may be rather distant but this paragraph goes in all the same. In 
Watertown, Wis., Feb. 6, 1857, I heard the brilliant if eccentric Rev. James Cook Richmond 
lecture on Hungary, the body of whose patriot Kossuth is at this writing on its way to burial 
in the land he loved. No better word-painting was ever done at the bar or on the lecture plat- 
form than Mr. Richmond's of the bewilderment of the Austrian police when they had muddled 
their brains by some alleged mental process peculiar to themselves and superinduced by 
James Cook Richmond's peculiar name, and became thereby convinced that there was within 



.H'I)i;ks of the suprkme court. 165 

the bounds of the iMnpire a James Cook (or \'awmess Ko-ok as they pronoiun-ed it) of 
Richmond, who had mysteriously disappeared from their ken. This dupUcation business 
brought on by their own stupidity or carelessness was a horror to the police and an amuse- 
ment to Richmond as it was to his audience as he told of the police inquiries continually 
made of him in the hope that he might give aid by having and imparting knowledge of the 
whereabouts of his interesting countryman, Yawmess Ko-ok. The tragic close of Mr. Rich- 
mond's life brought an incident of peculiar interest to Vermonters. In July, 1866, Rich- 
mond was brutally murdered by two of his servants. Frank A. Flower in his life of Matt 
Carpenter, says : " With perhaps a single exception. Carpenter entertained a deeper regard 
for Rev. James Cook Richmond than for any other man of God he ever knew." The 
December after Richmond's murder Carpenter went from Milwaukee to Dutchess county, N. 
Y., and offered to aid in the prosecution, which offer was accepted. The prisoner's counsel 
tried to prejudice the jury by alleging that Carpenter, by his long journey and free services, 
showed he was seeking revenge and not justice. Carpenter made the closing argument and 
the jury brought in a verdict of murder in the first degree after being out only twenty minutes. 
Judge Gilbert who presided at the trial, after it closed, said to him : " I presume, Mr. Car- 
ter, you were a member of Father Richmond's church." " No," says Flower, was the instant 
reply, " I take my religion by the curtesy." 

And now getting near the beginning of the Supreme Court and mentioning Carpenter 
there comes to mind the picture of the professional beginning of those supreme lawyers, 
Edmunds and Carpenter, in their night struggle with each other in the justice's court in 
Bolton nigh unto Camel's Hump ; a scene on which Edmunds threw a flash light when 
speaking in the Senate on the death of Carpenter. 

There were no lawyers in the territory that is now Yermont before the State of Yer- 
mont was established, except those in Cumberland county. These, in their order of com- 
ing, were : Charles Phelps, who came from Massachusetts to Marlboro in 1764 and was 
then a lawyer before there was any court for the place of his new residence, unless one went 
to Portsmouth or .-Xlbany to find it — according as one stood for the Hampshire or York 
jurisdiction; John (irout, about 1 768, who came to Windsor first and rapidly changed to 
Chester; Crean Brush who was licensed to practice law Jan. 27, 1764, in New York by 
Governor Colden, and who came to Westminster in 1771 ; Solomon Phelps, son of Charles 
whose name perhaps should come before Grout's, as Solomon came to Marlboro with his 
father and was commissioned by Gov. Henry Moore of New York, as an attorney-at-law, 
March 31, 176S, though the (record of his admission to the bar by the court in Cumberland 
county is as of Sept. 8, 1772 ; Samuel Knight (afterwards a judge of the Supreme Court), 
who was admitted as an attorney by the court the same day as Solomon Phelps, Sept. 8, 
1772, though he was "commissioned " as an attorney, June 23, 1772 ; Elijah Williams who 
was admitted at March term, 1773, though it does not appear where he lived— an Elijah 
Williams was one of the first settlers of Guilford in 1754 — and the most that can be hoped 
is that when Patterson Piermont makes his local habitation known Williams will come with 
him; Simeon Olcott, who was admitted, Sept. 15, 1774, but as he was doubtless resident 
in Charlestown, N. H., he can hardly count as a Cumberland county lawyer— he was after- 
wards elected a judge of the Supreme Court but did nothing as such except to resign, and 
still later he was chief justice of and a senator from New Hampshire ; and last but not least 
Micah Townsend of Brattleboro, who was admitted in New York in April, 1770, and came 
to Yermont about 1777. Two of the above killed themselves — Crean Brush shot his brains 
out in New York in May, 1778, and Solomon Phelps after preaching, went crazy and tried 
to beat out his brains with the head of an axe but only broke his skull, whereupon trepan- 
ning saved his life till 1 790, when he cut his throat with a razor. Knight became chief 
judge of Yermont and Olcott chief justice of New Hampshire and senator as above stated. 
Micah Townsend lived long and had the happiness so clerkly, and able, and pious a man 
deser%-ed, and as to Charles Phelps and John (irout, of each the old epitaph is true, " af- 
flictions sore long time he bore." 



100 JUnOES OF THE SUPREME COURT. 

At one of the many sessions in which Lyman G. Hinckley, of happy memory, repre- 
sented Chelsea, somebody who had the notion that the state was being impoverished by the 
emoluments pertaining to the office of justice of the peace, had introduced a new fee bill 
for justices and speech after speech was made, all aimed at abuses real or imaginary that 
needed to be corrected in our fifteen hundred or more "courts of record" that don't have a 
seal, .^t last "Lyme" — it was years after he had been Lieutenant-Governor — who had 
nearly all his life been a justice without being made aware of the disgraceful character of the 
occupation as set forth by his fellow-representatives, came to the rescue of the rank and file 
of the judiciary force and announced that he had heard enough of invective against a re- 
spectable body of men, invective having its moving cause, he said, in nine cases out of ten 
in the knowledge of those who assailed our worthy magistrates, that they never could hope 
to arrive at and be clothed with the dignity of a justice of the peace. The House laughed, 
killed the bill, and, figuratively speaking, took off its hat to the representative from Chelsea 
and his army of justices. 

Well it might, for in early times as well as later, the pathway of the local magistrate was 
not strewn with roses. And in September, 1778, when the Superior Court had not been 
established and the Supreme Court was yet farther off in the future, and the Special Courts 
were not in session and the Superior Court for the banishment of tories had been recom- 
mended to "dissist from any further prosecution," the judicial power of the state was in ex- 
ercise only by the despised justices. The following complaint shows some of the emolu- 
ments and pleasures of the office of justice in early days : 

''State of Vermont ( u u-r c . u ^ o 

Cumberland County f Hallifax, September y 20, 1778. 

To^ His Exellencv the Governoh, to His Honour the Lielt. -Governor, to the Honourable Counsil and House of 
Representatives: 

Greeting— The Complaint of William Hill Most Humbly sheweth that your complainant Did on the 24'li Day of Instant 
September receive a warrant from Hubbel Wells Esqr to arrest the Bodys of John Kirkley and Hannah his wife, of the Town 
and County afore Said for asault and Battery parpetrated in the Highway on the body of David Williams in Hallifax afore 
S-j I therefore took the said John and Hannah persuant to the orders and Brought them Before said athority without any 
abuse the warrant was returned the partys called and the Cort opened— then there came Thomas Clark Thomas Baker Isaac 
Orr Henrey Henderson Alexander Stewart Jonathan Saflord Elijah Edwards Peletiah Fitch With about Sixteen Others of Said 
Town armed With Clubs to attempt to Resque the prisoners or to set the Court aside and in a Tumultuors manner Rushed 
into the House Drew their Clubs and Shok them over the Justices Head and Swore he Should not try the case Called him a 
Scoundral and that he to Shew himself such was forgery Which he Should answer for and Bid Defience to the State and all its 
authority with Many more Insults and abuses which Stagnated the free Course of Justice, in that way overpowered the author- 
ity and Stopt the Court— all which is against the peace of the Community Subversive of the athority of the State against the 
peace and Dignity of the Same Your Complainant prays for your advice and assistance in this Matter that Some Method may 
be taken Whereby the above Said Offenders may be Brought to Justice for such acts of Contempt of athority and for such 
atrotious acts of out rage. 

this Granted and Your Complainant as in Duty Bound Shall Ever pray. 

William Hill, Criisl.iile." 

One gathers from the above that the men with clubs were adherents of New York, for 
they maintained that for ^Vells (who was a justice under appointment of the new State of 
Vermont) " to shew himself such " — that is, to claim to be or shew himself as a justice — was 
" forgery," a rather unique but forcible use of the word. 



THE JUDGES. 

At the October session, 1778, at Windsor, Oct. 23, the General Assembly "Resolved, 
that there be a Superior Court appointed in this State, consisting of five judges ;" also, 
" Resolved, that the Hon. Moses Robinson, Esq., be, and is hereby appointed chief judge 
of the Superior Court, and Maj. John Shepardson, second ; John Fassett, Jun., third ; Major 
Thomas Chandler, Jr., fourth ; and John Throop, Esq., fifth, judges of said court." The 
court was to sit four times a year — at Bennington, \\'estminster, Rutland and Newbury, and 
was not to "sit longer at one sitting than one week." This court existed four years. 

The first session was held at Bennington and began Dec. 10, 177S. The record be- 
gins : 



JUDGES OF THE SUPREME COURT. 1 67 

"State of Vermont, Bennington, lo"' December, 1778. 
This day met the Superior Court for said State in the Council-Chamber .at Bennington half shire in the house of Mr. Stephen 
Fay's in said town agreeable to an act of the Geneial Assembly of the state made and provided lor that purpose. 

Prescnt-Thc Hon. Moses Robinson, Esi/uire, Chief Judge, 
John Fassett, Jiin'r, and 
Thomas Chandler, Jutz^r, Esquit-es. 
Havins each ..f them taken the necessary oaths of office proceeded to the choice of a clerk for said court," i^c. 

They chose Joseph Fay, F^sii., clerk. The following account, which was allowed, 
shows what judges attended. It seems that Major Shepardson did not attend, but Jonas 
Fay who was a member of the council, did attend, this coming from a provision of law that 
in the absence of a judge a member of the council might sit as a judge. The account given 
below bears on its back the " aproval " of Thomas Chittenden and the receipt of John Fas- 
sett, Jun., to Ira .Allen, the treasurer, in January, 1779, when it is plain Fassett got his pay 
for the money ad\anced to pay the judges and officers. This is the account : 

Bennington, 14th December, 1778. 

State of Vermont. To the Superior Court, Dr. 

To Moses Robinson, Esq., Chief Judge, 4 days' Service, ^600 

Thomas Chandler, Esq., I2 days' Service, 60 miles Travel, 21 o o 

John Fassett, Jur., Esq., 7 days' Service, 18 miles Travel, 11 8 o 

John Throop, Esq., 11 days' Service, 100 miles Do., ^1 10 o 

Jonas Fay, Esq., 2 days' Do., 300 

John Burnum, Esq., State's Attorney, 2 days' service, 300 
Benjamin Fay, Esq., Sheriflf, 4 days' Service, .\ttend Court, Summoning 

24 Jurymen, 36 miles Travel, 9180 

David Robinson, Constable, Attending i day, o 18 o 

Grand Jury's Bill, 10 16 o 

Joseph Fay, Clk., 3 days' Service, 3 12 o 

^i ' o 
Samuel Robinson, Esq., 2 Days, 280 

i<ii to O 

December 14th, 1778. 

We whose names are heretotore prefi.xed do hereby acknowledge to have Reed, of 
John Fassett, Jur., Esq., the several sums anne.xed to each of our Names in the above 
Acct. in full of all demands on said Acct. Moses Robinson. 

Thos. Chandler, Jr. John Fassett, Jur. 

This may certify that the Grand Joseph Fay. Jonas Fay. 

Jury Reed, the money mentioned in David Robinson. John Throop. 

the above act. Saml. Robinson. Benj. Fay. 

Attest: Jos. Fay, Clk. John Burnam, Junr. 

Ira Allen, Esq., Treasurer. 

.\t this session it seems nothing was done the loth, the day court met, except to appoint 
a clerk and adjourn to the nth. On the nth the court was mainly occupied with the case 
of William Griffin vs. Jacob Galusha for fraudulently taking and detaining a certain white 
horse belonging to Griffin ; the parties appeared and joined issue and the defendant Galusha 
"]3leading" for a continuance for the want of material evidence, it was granted him to the 
third Thursday of February, and to that time the court adjourned on the nth. On the 
14th of December, at a Special Superior Court, "called on special occasion," a prisoner 
pleaded guilty of " enemical conduct against this and the United States and going over and 
joining the enemies thereof," and was sentenced, having prayed the mercy of the court, and 
presumably getting benefit from the prayer, to be banished and transported within the 
"enemies lines at Canada, and to depart this state, on or before the loth day of February 
next ; and to proceed within the enemies lines, without delay ; never more to return within 
this, or the United States of America, on penalty of being, on conviction thereof, before 
any court or authority proper to try him, whipped on the naked back, thirty and nine 
lashes ; and the same number of lashes to be repeated once every week, during his stay ; 
paying cost." The bill for service printed above evidently covers the sitting of the court at 
its regular session on the loth and nth, and at its special session of the 14th. 

It is rather interesting to follow out Griffin vs. Galusha. At the February term, 1779, 
C'Talusha was defaulted, and the court judged " that a certain white horse, now in the custody 
of the sheriff, the property of William Griffin, be delivered up to the said Griffin and that 
the defendant pay cost," which order was discharged by the defendant, who turned up after 



IDS JUDGES OF THE SUPREME COURT. 

he was defaulted and asked the court to grant a review ; this it did and on the next day 
tried the cause. Galusha got beaten on the trial and had an additional bill of cost to pay. 
At this February term Timothy Brownson of the Council sat with Robinson and Fassett, 
judges, to make a quorum. 

At the May term, 1779, at Westminster, Stephen R. Bradley and Noah Smith were 
" appointed attornies at law, sworn and licensed to plead at the bar within this state " — 
being the first lawyers admitted by a Vermont court. At the June term, 1779, at Rutland, 
Nathaniel Chipman was appointed attorney at law, sworn and licensed to plead at the bar 
within this state. These three young men were very much in evidence in the state later 
on, and Chipman was the first lawyer to become one of the judges of the Supreme Court, 
Bradley the second, and Smith the third. 

Noah Smith was appointed state's attorney pro tempore for the county of Cumberland 
the day he was admitted, and on the same day exhibited a complaint against Nathan 
Stone, of Windsor, for uttering reproachful and scandalous words of the authority. It 

appears that Stone, on the 15th of March, at Windsor, had said to the sheriff, " 

you, and your Governor and your Council," or, as set forth by Smith in his complaint, " you 
(meaning the high sheriff of said county, John Benjamin, Esq.), and your Governor (mean- 
ing his Excellency the Governor of this state), and your Council (meaning the Honorable 
Council of this state), which opprobrious language was a violation of the law of the land." 
Stone was fined twenty pounds and cost. Lucky for Stone he didn't damn the Court as 
well. At that term all five of the judges were present, so no member of the Honorable 
Council sat in judgment on his reviler. Smith and Chipman were the first lawyers to be 
admitted who resided west of the Green Mountains. Smith had lived in Bennington nearly 
a year and Chipman had come that spring from Connecticut, where he had been admitted 
an attorney in March. 

It is not intended to give here any detailed account of the acts constituting the courts 
of Vermont. It is enough to say that county courts were established by acts of the Feb- 
ruary and April sessions, 1781, and the first county court was held at Westminster June 26, 
1 78 1. In 1779 the Governor, council and assembly were invested with equity powers as a 
court in cases involving more than four thousand pounds and with appellate powers in equity 
cases involving more than twenty and less than four thousand pounds, but the 1785 Council 
of Censors pointed out the inconvenience of that arrangement and in i 786 it was repealed. 
The Superior Court was given equity jurisdiction in cases above twenty and less than four 
thousand pounds. The Governor, council and assembly had one chancery case before them 
in 1785 but gave up the consideration of it. There was no chancery court between 1786 
and 1797. In 1797 the court of chancery was constituted by legislative enactment, and 
till 1839 consisted of the judges of the Supreme Court, and in 1814 each of the Supreme 
Court judges was authorized to make as a chancellor interlocutory orders in vacation in 
chancery cases preparatory to final hearing. The Supreme Court continued to 1839 to be 
the Court of Chancery and of course there were no appeals, but since then (except from 
1850 to 1857, when the circuit judges were chancellors), there has been a court of chancery, 
consisting of one judge as chancellor ( each Supreme Court judge being a chancellor) , sitting 
contemporaneously with the county courts in each county, appeal from all decrees lying to 
the Supreme Court. The Supreme Court was constituted in 1782 and five judges elected. 
The Supreme Court judges concluded the work of the Superior Court, and except to have 
this business finished, the latter court ceased to exist after four years from its creation, the 
county and Supreme courts taking its place. Ihe first session of the Supreme Court was 
held at Marlboro, Windham County, F"eb. 6, 1783, after its judges had finished business 
pending in the Superior Court. 

In name no judges elected before October, 1782, belong in the list of Supreme Court 
judges, but the judges of the Superior Court have been treated as though they properly be- 
longed in that list and the Supreme Court took the place of the Superior Court, and four of 
the Superior Court judges of 1782 became Supreme Court judges that same year. The 



SHEPARIISON. 



169 



Superior Court judges will be here treated as though their court had been legally called 
Supreme. 

It was not till i 786, four _vears after the Supreme Court was established, that it had a 
lawyer on its bench, and the Superior Court never had one. Lawyers were scarce for one 
thing, and were either very young or in sympathy with the claims of New York. Out in 
Illinois long ago a sensible business man was nominated for judge, and, thinking there was 
no possibility of election did not take the trouble to decline. To his surprise he was elected 
and thereupon went to a good friend who was a lawyer for advice. The lawyer said, "ac- 
cept," and when the judge-elect protested that he would not know what to do, told him : 
"Hear each case and decide it as seems to you right, and in nine cases out of ten your de- 
cision will be right, but never give a reason for your decision for in nine cases out of ten 
your reason will be wrong." It was not till 1793 that any book of reports of decisions of 
our Supreme Court was published, and "N. Chipman" is a very unpretentious volume. 

Before giving account of the judges who sat in the highest court of the state from the 
October session of 1778, a final word may be said of that first superior court created June 
17, 1778, for the banishment of Tories, etc. A quarter of a century ago Charles Reed when 
working with Gov. Hiland Hall in preparing for publication matter going into the collections 
of the Vermont Historical Society, got on track of a man, real or mythical, of the name of 
Evan Paul, but never found him. And Patterson Piermont, Esq., judge of the brief court of 
banishment, yet stands the shadow of a name. 

The judges of the Superior Court elected in ( )ctober, 1 7 78, were five ; Moses Robinson, 
John Shepardson, John Fasset, Jr., Thomas Chandler, Jr., and lohn Throop. 



ROBINSON, Moses.— Chief judge of 
the Superior Court, 1778 to 1781, and from 
June, 1782, to October, 1782 ; chief judge of 
the Supreme Court, 1782 to 1784, and from 
1785 to 1789. [See Mr. Daxenport's sketch 
in "The Fathers," ante page 55.] 

SHHPARDSON, JOHN. — Major John 
Shepardson, of Cuilford, was born in Attle- 
boro, Mass., Feb. 16, i 729, and died Jan. 3, 
1802. He came to Cuilford soon after its first 
settlement in September, 1761, by iMicah 
Rice and family, and was there when the only 
road, that up Broad Brook, was impassable 
with teams, so that the settlers had " to boil 
or pound their corn, or go fifteen miles to 
mill with a grist upon their backs." The 
first recorded town meeting of Cuilford was 
held May ig, 1772, and John Shepardson 
was chosen town clerk. When the new state 
was organized he and Col. Benjamin Carpen- 
ter were the two leaders of the cause of Ver- 
mont against the New Yorkers. He was 
twice, in 1778 and 1779, elected "second 
judge " of the Superior Court — his name 
standing next to that of the chief judge. He 
attended the court at Westminster, May 
26, 1779, when S. R. Bradley and Noah 
Smith were admitted to the bar, but does 
not seem to have attended other sessions of 
the court. 

This session of May, 1779, which Shep- 
ardson attended was, taken altogether, an 
interesting one. Vermont and New \'ork 



were each claiming jurisdiction over Vermont 
territory. In February, a militia law had 
been passed by Vermont giving the com- 
mander of a militia company the right to 
draft men to serve. In April, U'illiam Mc- 
Wain, a sergeant in Capt. Daniel Jewet's 
company, was drafting men. The Yorkers 
refused to serve, especially Capt. James Clay 
and Lieutenant Benjamin Wilson of Putney. 
McW'ain told them they would be fined, and 
then that they were fined ; they would not 
pay and April 2 1 he levied on two cows, one 
Clay's and the other Wilson's, and advertised 
to sell them the 2Sth. On the 28th the cows 
were forcibly taken from Mc^Vain by a num- 
ber of men of Col. Eleazer Patterson's New 
York regiment. May 18, McWain entered 
complaint against those who took the cows 
from him and, on papers issued by Ira Allen, 
thirty-six Yorkers were arrested and confined 
in \Vestminster jail. Governor Chittenden, 
to protect the \'ermont sheriff, ordered Ethan 
Allen to collect a hundred able bodied \olun- 
teers in the county of Bennington and march 
them mto the county of Cumberland to re- 
main during the sitting of the court. The 
county committee of the New York adherents 
met at Brattleboro, May 25, and sent an ex- 
press to Governor Clinton saying that if aid 
were not rendered, " our persons and prop- 
erty must be at the disposal of Ethan .Allen, 
which is more to be dreaded than death with 
all its terrors." Court met the 26th. Noah 
Smith was appointed state's attorney, f<ro 



lyo 



SHEPARDSON. 



SHEPARDSOX. 



tempore, and complained of the prisoners for 
assembling at Putney, April 28, in a riotous 
and unlawful manner and assaulting McWain, 
a lawful officer in the execution of a lawful 
command, and taking the cows which Mc- 
Wain had taken by legal measures — charging 
that this "wicked conduct" was a violation 
of the common law and contrary to the stat- 
ute [passed in February but not printed and 
published until June], to prevent riots, dis- 
orders and contempts of authority. The 
preliminary proceedings used up the day and 
the prisoners were sent back to jail. Micah 
Townsend w-as one of the thirty-six prisoners ; 
at his suggestion, twenty-eight of them peti- 
tioned the court for a month's delay but the 
only effect of this was to procure the new 
lawyer, S. R. Bradley, as counsel for the res- 
pondents. On the 27th, Smith entered a 
nolle pivsei/iii in the complaints against three 
of the thirty-six, and Mr. Bradley moved to 
quash three other complaints on account of 
the nonage of the parties respondent. Brad- 
ley worked this racket on Smith successfully. 
Benjamin H. Hall, who was far from being 
an admirer of Allen, says : 

" The motion was granted, and the court 
was about to proceed with the trial of the 
remaining prisoners, when an unexpected 
interruption took place. Ethan Allen, who, 
with his men, had been engaged at West- 
minster in assisting the sheriff and guarding 
the prisoners, had watched with interest and 
satisfaction the transactions of the preced- 
ing day, and had expressed great pleasure 
at the manner in which the goddess of jus- 
tice seemed to be preparing to punish the 
rebellious Yorkers. He was not present at 
the commencement of the second day's 
session, but having heard that some of the 
prisoners were obtaining their discharge, he 
resolved to stop such flagitious conduct, and 
teach the court their duty. Accoutred in 
his military dress, with a large cocked hat 
on his head profusely ornamented with gold 
lace, and a sword of fabulous dimensions 
swinging at his side, he entered the court 
room breathless with haste, and pressing 
through the crowd which filled the room, 
advanced towards the bench whereon the 
judges were seated. Bowing to Moses Rob- 
inson who occupied the chief seat, and who 
was his intimate friend, he commenced a 
furious harangue, aimed particularly at the 
state's attorney, and the attorney for the 
defendants. 

" The judge, as soon as he could recover 
from his astonishment, informed the speaker 
that the court would gladly listen to his 
remarks as a private citizen, but could not 
allow him to address them either in military 
attire or as a military man. To this infor- 
mation Allen replied by a nod, and taking 
off his chapeau threw it on the table. He 



then proceeded to unbuckle his sword, and 
as he laid it aside with a flourish, turned to 
the judge, and in a voice like that of a 
Stentor exclaimed. 



He then turned to the audience and having 
surveyed them for a moment, again addressed 
the judge, as follows : ' Fifty miles I have 
come through the woods with my brave men, 
to support the civil with the military arm ; 
to quell any disturbances should they arise ; 
and to aid the sheriff and the court in pros- 
ecuting these Yorkers — the enemies of our 
noble state. I see, however, that some of 
them, by the quirks of this artful lawyer, 
Bradley, are escaping from the punishment 
they so richly deserve, and I find also, that 
that this little Noah Smith is far from under- 
standing his business, since he at one moment 
moves for a prosecution and in the next 
wishes to withdraw it. Let me warn your 
honor to be on your guard, lest these delin- 
quents should slip through your fingers, and 
thus escape the reward so justly due their 
crimes.' Having delivered himself in these 
words, he with great dignity replaced his hat, 
and, having buckled on his sword, left the 
court room with the air of one who seemed 
to feel the weight of kingdoms on his 
shoulders. After a short interval of silence, 
business was again resumed." 

Thirty respondents were before the court. 
Bradley came to the rescue of them as he 
had of the three "infants," and the thirty 
pleaded in bar that though by common law 
they might be held to answer part of the in- 
formation (Hall calls the allegations against 
them at one time complaint, at another in- 
dictment, and again information), yet they 
could not be held to answer that part founded 
on the statute since it was not in their 
power to know the statute when the crimes 
were alleged to have been committed as it 
had not then been promulgated, and this 
they were ready to verify. This invention 
of Bradley's (if Micah Townsend was not the 
originator) succeeded as well as could have 
been expected and the court ordered that 
part of the information brought on the 
statute to be dismissed. To be " boiled in 
oil" was not a part of the statutory penalty, 
but whipping on the naked back and divers 
and sundry other unpleasant things were, so 
Bradley's point was worth making. The 
prisoners then pleaded not guilty and gave 
evidence that they were subjects of New 
York and did the acts alleged against them 
by virtue of authority given them by that 
state. What Smith was doing when Bradley 
put in that evidence does not appear, and 
one can but think of Allen's characterization 
of the two men. The state then put in some 
e\itlence and the court considered the mat- 



SHEPARIlSclN. 



SHEPARliSON. 



171 



ter and adjudged the defendants guilty antl 
fined them from two pounds to forty pounds 
lawful money each. Townsend's fine was 
twenty pounds. The court also sentenced 
the delinquents to pay in equal shares the 
costs, amounting to 1,477 pounds and 18 
shillings. These large figures, it must be 
remembered, were those of a miserably de- 
preciated currency and Mr. Hewitt even 
would regard a coined vacuum with much 
more favor than the paper money of that 
time. 

All these doings Shepardson saw and 
helped Robinson preside at. He went out 
of judicial office in i 780. One more glimpse 
of Allen in the neighborhood of Shepard- 
son's home may be had. In 1782 renewed 
trouble with the Yorkers, who had their main 
strength in Cluilford, induced "one-eyed 
Tom," as the irreverent dubbed His p]xce)- 
lency Thomas Chittenden, to again call out 
Allen and the troops. Chittenden, by the 
way, was not the only Covernor who had a 
nick-name, for, appalling to relate, the, to us, 
venerable Isaac Tichenor, who was elected 
Governor in i 797, the year Chittenden died, 
was called " the Jersey Slick." In Septem- 
ber, 1782, Allen went into Windham county 
and put himself at the head of the Vermont 
militia, and when in Marlboro was boldly 
faced by Timothy Phelps, who, as Allen ap- 
proached, " announced himself as the high 
sheriff of Cumberland county, bade Allen go 
about his business, denounced his conduct 
and that of his men as riotous, and ordered 
the military to disperse. ^Vith his usual 
roughness, Allen knocked the hat from the 
head of the doughty sheriff, ordered his at- 
tendants to 'take the d — d rascal off,' and 
galloped away to superintend the operations 
of other portions of his forces." It was 
probably the same day that .Allen dispersed 
the Cruilfordites by his famous proclamation. 
They had fired on his troops, and he, on 
reaching Guilford, made proclamation to the 
people in these words : " I, F.than .Allen, do 
declare that I will give no quarter to the man, 
woman, or child who shall oppose me, and 
unless the inhabitants of Cluilford peacefully 
submit to the authority of Vermont, I swear 
that I will lay it as desolate as Sodom and 
Gomorrah, by C; — ." The terrified Yorkers 
of (kiilford thereupon fled. Tradition has it 
that .Allen's answer to De La Place at Ticon- 
deroga, when asked by what authority he 
demanded the surrender, had the same two 
words ending as his Guilford proclamation, 
though not so quoted in the books. .A Bos- 
ton newspaper the other day, commenting 
on the assertion that somebody in Brattle- 
boro says "Begad," remarks that is not the 
way Vermonters pronounce it when excited. 
However this may be, the power to hit the 
mark with words, and hit it hard, is a great 



gift, and that gift Allen had in his day, as the 
creator of Mulvaney, Grtheris, and I .earoyd, 
in an altogether different field, has it in this 
day. 

In December, 1783, the Yorkers attempted 
to capture Shepardson and Col. Benjamin 
Carpenter, but did not succeed. These two 
men seem to have hunted in couples some- 
what in their work for the new state. Per- 
haps Shepardson has a monument with par- 
ticulars about him that would go well here, 
for the judge don't seem to cut quite as 
much of a figure in this sketch of him as he 
ought to, but without monumental inscrip- 
tion at hand to give light on him, a few lines 
from Carpenter's monument will have to do 
to show the kind of man his next friend was. 
The tribute to Carpenter on his monument 
after stating among other things that he was 
a field officer in the Revolutionary war and 
a founder of the first constitution and gov- 
ernment of Vermont, concludes with these 
words, "lined" by the monument-maker 
thus : 

" A firm professor of Christianity in tile 

Baptist Church 50 years. Left this worid 

and 146 persons of lineal posterity, 

March 29, 1804. 

.^ged 78 years, 10 months and 12 days, 

with a strong 

Mind and full faith of a more 

Glorious state hereafter. 

Stature about six feet — weight 200. 

Death had no terror." 

In the sth volume of Hemenway's Ver- 
mont Historical Gazetteer are given the 
records of the town of Guilford for many 
years of Judge Shepardson's time. The pro- 
ceedings of the meeting of Feb. 20, 1777, of 
which Major Shepardson (he wasn't elected 
judge till the next year and query whether 
the military title even then gave way to the 
judicial) was moderator, are, like many of 
the other records, well worth reading. The 
meeting appointed a committee of nine " to 
state the Price of Labor, Provisions, Mer- 
cantable Goods, etc., and to make [report] 
to the town for their approbation." Alarch 
6, 1777, at an adjourned meeting the com- 
mittee reported among other things that 
" good merchantable wheat shall not exceed 
60 cts. per bu. * * Good yallow potaters 
shall not in the spring exceed 20 cts. per 
bushel. * * Good West India Rum 
and New England Rum and Molasses and 
Muscovado Sugar shall be sold on the same 
as they are stated in the New England 
states ; Farming laborers in the summer 
season shall not exceed 30 cts. per day and 
so in usual proportion at other seasons of 
the year and the labor of mechanics and 
tradesmen and other labor to be computed 
according to the wages and customs that 
hath been practiced among us computed 
with farm labor." .Among other articles on 
which a price was fixed were Rye, Indian 
Corn, Oats, Peas, and Beans, Flax Seed, Salt 



172 



Pork, Good Grass Beef, Raw Hides, Sole 
Leather, Neat Leather Shoes, Wool, Tow 
Cloth, Coarse Linen, Striped Flannel, Hay, 
Butter, Tallow, Hog's Fat and Pine Boards. 
It was voted if anybody in town should sell 
any named article to any person in the 
neighboring towns at a higher price than 
stated in the re])ort he should forfeit the 
value of the article to the town, and if any 
person directly or indirectly took a greater 
price than stated in the report he should 
forfeit the value of the article sold, one- 
half to the town and one-half to the 
complainant. It was then voted that the 
committee of nine hear and determine all 
cases and complaints in these matters and 
impose costs of suit if they should find 
those charged guilty ; " By a unanimous 
vote of this town and chose Maj. John Shep- 
ardson one of the Committee of Inspection." 

All this was in the "Republic of Guilford" 
and there was no Coxey with his army of 
the Commonweal to march to its capital. 
Political economists can figure the matter 
out to suit themselves. But this wasn't the 
Guilford which \'ermont had on her hands 
to contend with — that Guilford was the 
"other crowd," the York adherents. 

In bidding Judge Shepardson good-bye, 
we bid good-bye to comment on the form 
and pressure of his time 

" When the Hampshire Grants were tracts of land 

Somewhat in disputation, 
Traclced by the most untractable 

Otall the Yankee nation: 
When Ethan Allen ruled the State 

With steel and stolen ' scriptur,' 
Declared his ' beech seal ' war against 

New York, and look and whipt her." 

Vermont's poet, Eastman (born in Maine 
though) makes "My Uncle Jerry" sum it up 
with a free swing of words that matches 
Allen's own : 

" There's much, he says, about Vermont 

For history and song; 
Much to be written yet, and much 

That has been written wrong. 
The old Thirteen united, fought 

The Revolution through ; 
While, single handed old Vermont 

Fought them, and England, too. 



She'd Massachnsei 


tts ar 


id New 


■ York, 


And-so thp r.-,-, 


ird o 


t;tnds — 




New Ham,,v , 


!■ li'jl 


HI.', r, 


uilford, : 


TheU.H.M, .M 








Yet still he, .:,J 








Her hilLs liiuj..p 


li alt. 


^hiine 




And when the smu 


.keo 


i battle 


passed, 


.She'd whipt ther 


n all, 


, alone 





So Modesty survives the flight of time 
and like Charity, vaunteth not itself, is not 
puffed up, doth not behave itself unseemly. 

FASSETT, J(3HN, JR.— Judge of the 
Superior Court, 1778 to 1782 ; judge of the 
Supreme Court, 1782 to 1786. [See sketch 
in "The Fathers," an^e page 58.] 

CHANDLER, THOMAS, JR.— Judge 
of the Superior Court, 1778 to 1779. [See 
sketch in "The Fathers," an/c page 66.] 



THROOP, John, of Pomfret, was born 
in Lebanon, Conn., Sept. 11, 1733, and 
died Jan. 25, 1802. He was a judge of the 
Superior Court, 1778 to 1781, and February 
to October, 1 782, and had lived in Pomfret at 
least as far back as 1773, when the town was 
organized. He was a delegate to the con- 
vention at A\'indsor June 4, 1777, and was 
also a delegate to the convention forming 
the constitution in July and December of 
that year. Judge Throop was chosen repre- 
sentative from Pomfret in the fall of 1778 
and was a member of the council from 1779 
to 1786. In i787-'S8 he again represented 
Pomfret, and was judge of probate, 1783 to 
1792. 

SPOONER, Paul.— Dr. Paul Spooner 
of Hartland (which was called Hertford till 
1772) was born in Dartmouth, Mass., March 
20 (one authority says March 30), 1746, and 
died at Hartland while a judge of the Supreme 
Court Sept. 4, 17S9. He was the youngest 
of the ten children of Daniel and Elizabeth 
(Ruggles) Spooner and his father moved 
to Petersham, Mass., when Paul was about 
two years old. There Paul grew up, studied 
medicine and from there came to Hertford 
in 176S. His father Hved to the great age 
of one hundred and three years, dying in 

1797- 

Dr. Spooner married m 1769 Asenath, 
daughter* of Amasa Wright, and by her had 
three children, one of whom, Paul, moved to 
Hardwick and was the first town clerk of 
that town in 1795 ^"^1 ''^ first representative. 
His second wife was Mrs. x\nn (Cogswell) 
Post. 

Dr. Spooner was first elected a judge of 
the Superior Court in October, 1779, at which 
session that court was constituted a court of 
equity in matters above twenty and under 
four thousand pounds— the Governor and 
council and House of Representatives being 
given original etpiity jurisdiction in cases in- 
volving over four thousand pounds, and an 
appeal lying to them from the Superior 
Court in cases where the latter had original 
jurisdiction. This provision as to the equity 
powers of the Governor, Council and House 
was, as has been before stated, repealed in 
1786. 

Dr. Spooner was a delegate from Hertford 
to the Westminster convention of Oct. 19, 
1 774, called to condemn the tea act, the Bos- 
ton Port bill and like measures of the mother 
country. He was a delegate to a convention 
of Whigs at Westminster Feb. 7, 17 75' and 
to the " Cumberland County Congress" of 
June 6, 1775, and was chosen a delegate to 
represent that county in the New York Prov- 
incial Congress at its sessions beginning in 
May and November of that year. May 5, 
1777, he was chosen sheriff of Cumberland 



173 



county under New York, but declined the 
otitice in a letter dated July 15, 1777, having 
the week before been appointed one of the 
\'ermont Council of Safety. He was a mem- 
ber of the council from 1778 to 1782 and 
l.ieutenant-Clovernor from 1782 to 1787. 
In 1781 and 1782 he was judge of probate 
for Windsor county, and was agent of Ver- 
mont to Congress in 1780 and 1782. 

ludge Spooner served as a judge of the 
Superior Court from 1779 to 1782, though 
in 1 781 he was left off at the election, when 
Chief Judge Robinson was displaced by 
Elisha Payne and being angry declined to 
serve as assistant. When Robinson declined 
S]3ooner was elected in his place. In 17S2 
ludge Spooner was elected a judge of the 
Supreme Court and served as such till his 
death. From 1784 to 1785 he was chief 
judge. 

.•\ communication, dated Hartland, Sept. 
8, 1789, appeared in Spooner's Vermont 
lournal of Sept. 16, 17S9, from which the 
following is an extract : 

" Frid.iy last, departed this life and on Sunday was decently 
interred, the Honorable Paul Si-oonek, Esq., in the 44th year 
of his age. His character as a skilful and careful practitioner 
in the Medicinal Art, was established here soon after his ar- 
rival from Petersham ; even without the advantages of a liberal 
education. The sprightliness of his genius, his candid and 
generous temper, his discreet and diligent application to busi- 
ness, soon attracted the eyes of his fellow citizens. He was a 
steady friend and steady assistant to his country, through all 
the late unhappy war with Greatbritain: and from the first 
rise to the present advancement of the State of Vermont. 
• * * He died while the other Judges were on the circuit 
for the administration of justice. * * * The honor and 
benefit accruing to the town by his dwelling among them has 
been largely e.xperienced; the loss whereof may be long felt 
and regretted. He was a zealous promoter of learning — a 
great benefactor to the rising generation, * * * As a judge 
he ever aimed to administer judgment in uprightness. * * * 

He left a sorrowful widow (his second wife) and three chil. 
dren (by his first wife) to bemoan their loss The concourse 
to the funeral fwith only two days for the tidings to spread) 
was so great, that one could scarce see so many sad counte- 
nances, without crying out in the heart. Behold hoiv they 
loved hint. The conjectures of people varied as to the num. 
ber, as from five to ten hundred A pertinent and affecting 
sermon (as it is said) was delivered by the Reverend Aaron 
Hutchinson of Pomfret, well adapted to the occasion, from 
Psalm cvlvi 3 4.—- Put not your trust in frii/ees, nor in the 
Son 0/ wan, in lohom there is no help. His breath goeth 
forth, he retnrneth to the earth; in that very day his 
thoughts perish: After sermon the Fimeral Thought was 
sung, which added not a little to the solemnity " 

MOSELEY, 'Increase.— Dr. increase 
Moseley was born in Norwich, Conn., May 
18, 1 7 12, married Deborah Tracy of Wind- 
ham, Conn., May 7, 1735 ; moved to An- 
cient Woodbury, Conn., about 1740 and to 
Clarendon about 1779. Dr. Moseley was 
one of the leaders in .\ncient Woodbury and 
served as representative in the Connecticut 
Legislature from 1 75 1 almost continuously 
till his removal to Vermont. He was mod- 
erator of Woodbury's meeting for the relief 
of Boston, Sept. 20, 1774, and a member of 
her Revolutionary committees. 

He was elected a judge of the Superior 
Court in 1780, but served only one year, 
going off in the election of 1781, when 
everything was mixed up by giving the New 
Hampshire towns representation on the 
bench. In 1782 he was representative from 



Clarendon and was elected speaker of the 
House. 

I )r. Moseley was chief jtidge of Rutland 
county from 1781 to 1787 and was presi- 
dent of the first council of censors — that of 
1785 — a body of which Benjamin Carpen- 
ter, Joseph Marsh, and Micah Townsend 
were members, and whose work was well 
done and . whose "proceedings" — really an 
address to the people — constitute a state 
paper of remarkable merit, the authorship of 
which probably lay largely with Townsend, the 
secretary. Judge Moseley died May 2, 1795. 

PAYNE, ELISHA.— Col. Elisha Payne of 
Lebanon, was elected chief judge of the su- 
perior court in October, 1781, and held that 
place till he ceased to be a citizen of Ver- 
mont, on the dissolution of the union with 
the New Hampshire towns in February, 
I 782. He presided at a session of the court 
held for the county of Washington (an ephe- 
meral county, inade up of New Hampshire 
towns while the Union existed and that went 
out of existence with the Union) at Charles- 
town, N. H., December, 1781. No business 
was done, only Judges Payne and Spooner 
being present. [See sketch in "The Fathers," 
an/e page 64.] 

OLCOTT, Simeon.— At the October 
session, 1781, Bezaleel Woodward, represen- 
tative from Dresden, and a professor in 
Dartmouth College, was chosen a judge of 
the Superior Court. Prof. Woodward de- 
clined the office and Simeon Olcott of 
Charlestovvn (a New Hampshire town then 
in Union with Vermont and situate in the 
short-lived county above referred to) was 
elected in his place. Judge Olcott was the 
first lawyer to be elected to the bench by the 
Vermont Legislature, but he never held 
court, so that Nathaniel Chipman stands as 
the first Vermont lawyer elected judge who 
took judicial service upon himself. Mr. 
Roberts puts Olcott in the list of judges ; 
while Judge Taft leaves him out because he 
didn't 'tend court. Whether it was a mere 
freak that kept Olcott away from sitting with 
Payne and Spooner when they were at 
Charlestown in December, or whether he 
had some constitutional scruple about main.- 
taining that court of justice in Washington 
county, is not known. .At any rate Olcott 
resigned Jan. 28, 1782, and Feb. 13, 1782, 
the .Assembly elected Gen. Samuel Fletcher 
of Townsend, who declined, and, F"eb. 16, 
|ohn Throop, who had been judge till left ofif 
the October before, was elected, and served. 
Simeon Olcott was born in Bolton, Conn., 
Oct. 1, 1735, graduated at Vale in 1761, 
studied law, moved to Charlestown, N. H., 
in 1764, was admitted as an attorney in 
Cumberland county, Sej)!. 15, 1774, and was 



in 1 784 appointed chief justice of the court 
of common pleas in New Hampshire. In 
1790 he was appointed a judge of the New 
Hampshire Superior Court of which he was 
made chief justice in 1795. On the resig- 
nation of Samuel Livermore he was made a 
United States Senator from New Hampshire 
and served as such from Dec. 7, 1801, to 
March 3, 1805. He died in Charlestown, 
N. H., Feb. 22, 1815. He married, Octo- 
ber, 1783, Tryphena Terry and has descend- 
ants now living in Charlestown. He is said 
to have been the first lawyer to settle in 
Western New Hampshire. 

FAY, Jonas. — Dr. Jonas Fay, of Ben- 
nington, was a judge of the Superior Court 
the last year of its existence and of the 
Supreme Court its first year. His two years 
of service were from 1781 to 1783. [See 
sketch in the " P'athers," ante page 50.] 

OLCOTT, PETER.— Col. Peter Olcott 
of Norwich was the first person elected a 
judge of the Supreme Court who had not 
already served as a judge of the Superior 
Court. The Supreme Court was established 
the session of his election thereto, October, 
1782. The Superior Court consisted of five 
judges during the four years it existed ; the 
Supreme Court had five to begin with, the 
number was decreased to three in 1787, in- 
creased to four in 1S24, to five in 1828 and 
to six in 1846. In 1850 the number was 
decreased to three and so continued (during 
the existence of the Circuit Court of four 
judges) till 1857 when the number was 
restored to six at which it remained till in- 
creased to seven, its present number, in 
1870. 

Colonel Olcott served three years as a 
judge of the Supreme Court, his service 
ending in 1785. He is said to have been 
a graduate of Harvard College ; he married 
Sarah Mills and moved from Bolton, Conn., 
(where judge Simeon Olcott was born) to 
Norwich about 176S. He was a member of 
the Windsor convention, June, 1777, and 
also of the convention of July and 1 )ecem- 
ber, 1777, which adopted the constitution. 
In 1777 he commanded a regiment in Glou- 
,cester county and was summoned to march 
to Bennington too late to reach it before the 
battle, but was employed in other military 
service. He was elected to the council in 
1779, and elected again in 1781 ; he served 
till 1790 as a councilor. He was Lieuten- 
ant-Governor four years — 1790 to 1794 — and 
in the latter year declined to be longer a 
candidate for that office. His son Roswell 
graduated at Dartmouth in 1789 and his 
son Mills in 1790. Rufus Choate married 
Helen, a daughter of Mills Olcott. Judge 



Olcott died at Hanover, where his son 
Mills resided, in September, iSoS. 

PORTER, THOMAS.— Thomas Porter 
was born in Farmington, Conn., in 1734, 
served in the British army at Lake George 
in 1755, held local offices in Farmington, 
married Abigail Howe, moved to Cornwall, 
Conn., where he was prominent in town af- 
fairs and from that town he went into the 
Revolutionary army. He was many years a 
member of the Connecticut Legislature. In 
1 7 79 he moved to Tinniouth from which town 
he was elected as representative to the Assem- 
bly in 1780, 1 781 and 1782, in each of which 
years he was elected speaker of the House. 
In 1782 he was also elected to the council 
and resigned as speaker to take the new po- 
sition. He served till 1795 as a councilor. 
Judge Porter was a farmer. 

He was elected a judge of the Sujireme 
Court in 1783 and served till 1786. Judge 
Porter died in Granville, N. Y., in 1833. His 
son, Ebenezer Porter (Dartmouth, 1792), was 
a famous Doctor of Divinity and was presi- 
dent of Andover Theological Seminary. 

NILES, Nathaniel.— Nathaniel Niles,of 
Fairlee (that part which is now West Fairlee), 
teacher, student of law and medicine, preach- 
er, inventor and poet, was judge of the Su- 
preme Court from 1 784 to 1 7S8. [See sketch 
in "Representatives," ante page 127.] 

CHIPMAN, Nathaniel.— Nathaniel 

Chipman of Tinmouth, the first lawyer to 
serve as a Vermont judge, was elected an 
assistant judge of the Supreme Court in 
1786, and served one year; in 1789 he was 
elected chief judge, and served till he was 
appointed U. S. District Judge for Vermont 
in 1 79 1. In 1796 he was again elected chief 
judge, and served one year, and in 1S13 and 
1 8 14 was for the last times elected chief 
judge, serving two years in this, his third 
period of service as chief judge. Judge 
Chipman was the first to report decisions of 
the Supreme Court. Judge Samuel Prentiss 
said that the various traits of his mind and 
constitutional temperament, combined with 
his deep and extensive learning, entitled him 
to rank among the first judges of this or any 
other country. Judge Prentiss further said : 
"I witnessed, during the short period he was 
last on the bench, exhibitions of the great 
strength, vigor, comprehension, and clear- 
ness of his mind, of his profound and accur- 
ate knowledge of Lgal principles, and of his 
remarkably discriminating and well-balanced 
judgment." Judge Chipman was a student 
of the law, and eminently just-minded. He 
was a Federalist, and thought our system of 
electing judges a bad one — ad\ocating an 
appointive system with long tenure. The 



KNI.)\VLTl )N. 



175 



proof of the pudding is in tiie eating, and 
if in any state as small as ours there can be 
found a court that has maintained a higher 
standing for a hundred years than that which 
we have had under our system then we had 
better give it up — and not till then. [See 
Mr. Davenport's sketch of Judge Chi]jman 
in the "Senators," ante page loS.] 

KNOWLTON, LUKE.— Luke Knowlton 
of Newfane was elected a judge of the Su- 
preme Court in 1786 and served one year, 
Ijeing dropped with Nathaniel Chipman in 
1787 when the court was reduced from fixe 
to three members. [See sketch in the 
"Fathers," ante page 59.] 

BRADLEY, STEPHEN R.— Stephen Row 
Bradley of Westminster was elected a judge 
in 1 788 and served one year. [See Mr. Dav- 
enport's sketch of him in the "Senators" 
and of his still more brilliant son, William 
C. Bradley in the "Representatives."] judge 
Bradley was three times married, by the first 
and second of which marriages he had chil- 
dren. His first wife was Merab .Atwater ; 
his second. Thankful Taylor : and his third, 
Belinda Willard. Spooner's Vermont Jour- 
nal of Jan. 19, 1802, has the following 
notice : 

"Died at ^^■estminster, in this state, on 
Sunday the loth instant, of a lingering ill- 
ness, Mrs. Thankfull Bradley, consort of the 
Hon. Stephen R. Bradley, in the thirty-fourth 
year of her age. To those who have ex- 
perienced her tenderness and affection 
as a daughter, sister, wife and mother, her 
loss is irreparable. To the society which 
she adorned as a friend and neighbor, her 
virtues will long be remembered, and the 
loss regretted with tears. 

"Her funeral was attended by a very large 
and respectable assembly on the Wednesday 
following, when a very pathetic discourse 
was delivered by the Rev. Mr. Barber from 
the words of the Apostle : 'For we know, 
that if our earthly house of this tabernacle 
were dissolved, we have a building of God, 
an house not made with hands, eternal in 
the hea\ens.' " 

This excellent step-mother is as worthy of 
remembrance as any just judge on the face 
of God's earth, for her love wrought a per- 
fect work and that is all justice can hope to 
do. Judge Wheeler in his paper on Will- 
iam (i'. Bradley, read before the Vermont 
Bar Association in 1883, said : 

" .\t an early age he encountered what is 
perhaps the greatest earthly loss of a boy, 
the death of a worthy mother. Her place 
was not long after taken by a step-mother, 
who soon became his fast friend and whose 
kindness and care he dutifully and affection- 
ately repaid. Full of both physical and in- 



tellectual life and vigor, he needed at times 
to break forth in somewhat wayward [iranks. 
His father was stern and imperious with him. 
She with kindness and good judgment miti- 
gated the severity of the law. At one time 
when he was going from home alone under 
his father's displeasure, she followed him a 
little way and gave him a little case of 
needles and thread, called a housewife, 
which she had made for him, in the pocket 
of which was a guinea, and spoke some kind 
words of encouragement to him. His father 
soon relented and got him back. He re- 
membered the kindness and forgot the 
strictness. He always cherished this keep- 
sake and would never ha\e the guinea taken 
out. In his last sickness he had it brought 
to him and held so he could see that the 
guinea was still there, and it was handed 
down under his will to a favorite grand- 
daughter." [See sketches, ante pages 104 
and 136.] 

SMITH, NOAH.— Noah Smith of Benning- 
ton was a judge of the Supreme Court from 
1789 to 1791, and again from 1798 to 1801. 
He was born in Suffield, Conn., in 1755, 
graduated at Vale in 1778, and at once came 
to Bennington, where he that summer deliv- 
ered the address at the first anniversary of 
the battle of Bennington. He was admitted 
to the bar May 26, 1779, and went right to 
work as may be seen ante in sketch of John 
Shepardson. He was for some years state's 
attorney and county clerk of Bennington 
county, and was appointed L". S. Collector 
of Internal Revenue in 1791. In 1798 he 
was elected a councilor, but resigned to 
accept the judgeship. He moved from Ben- 
nington to Milton soon after 1800. He 
married Chloe Burrall ; she died in Burling- 
ton in 1 8 10, where he was then confined in 
jail for debt. In 181 1 the Legislature passed 
an act for his relief which freed him from 
jail. He died in Milton, Dec. 23, 18 12. 

His son Albert became a doctor of divin- 
ity, as did his son Henry, who married Abby, 
daughter of President Joshua Bates of Mid- 
dlebury College. Henry became president 
of Marietta College, Ohio, and died while a 
professor and the head of Lane Theological 
Seminary, Cincinnati. Prof. Henry Preserved 
Smith of that seminary and the present day, 
who is with Dr. Briggs in ecclesiastical con- 
troversy with certain strict constructionists 
in theology, by name and locality ought to 
be a grandson of the judge, but there is an- 
other family of Smiths and I do not know 
the professor's pedigree. 

Judge Smith came near being elected sen- 
ator instead of Mr. Bradley in January, i 791, 
and resigned Jan. 24 of that year, perhaps 
with the intent to contest the senatorial 
election but he did not do it. 



1 76 KNIGHT. 

KNIGHT, Samuel.— Samuel Knight of 
Hrattleboro was elected a judge of the Supreme 
Court in 1789 and chief judge in 1791 and 
served until 1794, making five years service 
in all. He was born about 1730 and died 
at his home on his farm between Brattleboro 
and West Brattleboro in 1804. He was ad- 
mitted to the bar in 1772 and was on the 
York side in the Westminster trouble of 
March, 1775. He fled across the river and 
did not return to Brattleboro for a year. He 
finally made up his mind that the York cause 
was hopeless and overcame by his character 
the prejudice that existed against him be- 
cause of his early adherence to the authority 
of New York. He represented Brattleboro 
in 1 781, 1783, 1784 and 1785, and was chief 
judge of \\indham county court in 1 786, 
1794, 1795 ^n*^! 1801. 

■ PAINE, Elijah. — Elijah Paine of Will- 
iamstown was judge of the Supreme Court 
from Jan. 27, 1791, ( in place of Noah 
Smith, resigned), till he was elected United 
States Senator in 1794. [See sketch in the 
"Senators," ante page 107.] 

TICHENOR, ISAAC— Isaac Tichenor 
was judge from 1791 to 1794 and chief 
judge from 1794 to 1796. [See sketch in 
the " Governors," ante page 72.] 

HALL, LOT. — Lot Hall, of Westminster, 
was judge from 1794 to 1801. He was born 
on Cape Cod, and was in the early years of 
the Revolution a sailor. Engaged in a naval 
expedition to protect South Carolina, he was 
taken prisoner while acting as lieutenant in 
charge of a prize and carried to Glasgow, 
Scotland, where he was released. On his 
way home he was again captured, but Patrick 
Henry procured hi's release. His marriage 
to Mary Homer, of Boston, in 1786, was as 
romantic as his experiences in war ; she was 
but fifteen. Mary was not, however, the 
woman to whom the Chicago Tribune refers 
when it says that in Boston Sunday schools 
each class recites in concert, when asked 
what became of Lot's wife, " She was trans- 
muted into chloride of sodium." 

He began the study of law at Barnstable 
in 1 782, came that year to Bennington, and 
the next year settled in Westminster, which 
he represented in 1788, 1791, 179- and 
1808. He was a presidential elector in 
1792, and a member of the Council of Cen- 
sors in 1799. 

judge Hall was taken sick while attending 
the Legislature in 1808, and died May 17, 
1S09. 

WOO DB RIDGE, ENOCH.— Enoch 
\Voodbridge of Vergennes was a judge of the 
Supreme Court 1794 to 1798, and chief judge 



I 798 to 1 80 1. He was born in Stockbridge, 
Mass., December, 1 750, and graduated at 
Yale in 1774. In the Revolution he was in 
the Continental service as commissary of 
issues, and was at Hubbardton, Bennington, 
and Burgoyne's surrender. He studied law, 
and on first coming to Vermont began prac- 
tice in Manchester, from which place he went 
to Vergennes, of which city he was in i 794 
elected the first mayor. He represented Ver- 
gennes from 1 79 1 to his elevation to the 
bench, and again in 1802. In 1793 Mr. 
Woodbridge was a member of the Consti- 
tutional Convention. He died in May, 1805. 
Judge Woodbridge was descended from Gov. 
Thomas Dudley, and was a great-grandson 
of Rev. John Eliot, the apostle to the In- 
dians. He married, in 1774, Nancy Win- 
chell, and they had eight children ; one of 
whom, Enoch D., married Cora Strong, a 
daughter of Gen. Samuel Strong, and was 
the father of Frederick E. Woodbridge. 

SMITH, Israel.— Israel Smith of Rut- 
land was elected chief judge in 1897, and 
served one year. In 1801 he was again 
elected, but declined to serve. [See sketch 
in "Governors," ante page 73.] 

ROBINSON, Jonathan.— Jonathan 
Robinson of Bennington was chief judge 
from 1 80 1 to I So 7. [See sketch in the 
"Fathers," ante page 57, and also the follow- 
ing notes on Judge Tyler.] 

TYLER, ROYALL.— Royall Tyler, was 
born in Boston, Mass., July 18, i757- His 
father, Royall Tyler, was a man of distinction 
and died in i 7 7 1 . B. H. Hall says that the son 
was named William Clark Tyler and that on 
the death of his father this was by legislative 
enactment changed to Royall. He gradua- 
ted at Harvard in 1776, went into the army 
and served on the staff of General Lincoln ; 
studied law with Francis Dana at Cambridge, 
was admitted to the bar in 1779, went to 
Falmouth (now Portland), Me., and practiced 
there two years, returned to Boston, and set- 
ded in Braintree, Mass., intending to make it 
his home. When Shay's Rebellion came he 
again served under General Lincoln, and was 
sent by Governor Bowdoin to negotiate with 
New York and Vermont concerning the sur- 
render of the rebels who had fled. 

.About this time he wrote the "Contrast," 
the first .American play ever staged. This 
comedy was played at the old John Street 
Theatre in New York, .\pril 16, 1786. Wig- 
nell, the actor for whom it was written, pub- 
lished it and Dr. Conland of l!rattleboro can 
tell what year, for he has a copy. The state- 
ment here about the play differs from what 
is stated in Hemenway's Gazetteer, Vol. 5, 
from the pen of Thomas Pickman Tyler, son 



1/7 



of Royall, who gi\es the place of production 
as the old Park Theatre and the spring of 
I 7S9 as the time. The editor of the Gazet- 
teer gave only extracts from T. P. Tyler's 
memoirs of Judge Tyler and they are just 
enough to make one hungry for the rest. 
Judge Tyler wrote many other plays and 
books. 




Judge Tyler moved to Guilford, Vt., in 
January, 1791, and soon had a good law 
practice. He married Mary Palmer and 
they had eleven children. In 1801 he was 
elected a judge of the Supreme Court and 
in 1807 was promoted to chief judge. He 
left the bench in 1S12 after eleven years 
continuous service. Tyler's reports are from 
his pen. From 1S15 to 182 1 he was register 
of probate for Windham county and con- 
tinued the practice of law to about 1820. 
He was afflicted with cancer in his later 
years and died August 16, 1826. 

In the memoirs above referred to are 
many letters to and from Judge Tyler that 
light up the past. Jonathan Robinson, long 
on the bench with him and then a Senator, 
writes to him from Washington, Feb. 4, 
1810: "When we come to be judged for 
our judgments, my friend, the question will 
not be whether we pursued legal forms or 
technical niceties, but have you heard the 
cry of the poor and relieved them from their 
oppression. But I hope that the philan- 
thropy of Bro. Fay and yourself will prevent 
all unpleasant results because he does not 
carry the Hopkinsian doctrine to that lofty 



pinnacle of revelation and philosopliy to 
which you so ardently and rationally aspire. 
In one thing I fear, he will ne\er be able to 
arrive to equal resignation, w^hich you once 
expressed, even willingness to see Bro. Rob- 
inson damned. However, good men of all 
faiths will, I hope, be accepted if their 
hearts are but right." Senator Robinson's 
reference may be better understood if it be 
stated { Robinson being of the Calvinistic 
and Hopkinsian school) that he and Tyler 
had debated the alleged need, as evidence of 
regeneration, that one should be willing to 
be lost eternally if it were for the glory of 
God, and Tyler on being detained from 
court on one occasion wrote Judge Jacob 
and requested him to inform the chief judge 
(then Judge Robinson) "that he really be- 
gan to hope that he had made some little 
spiritual progress, for, although he could not 
honestly say that he was willing to be damned 
himself, even if it were needful for the glory 
of the Almighty, yet he believed that by 
great effort he had nearly or quite attained 
to a sincere willingness that in such an exi- 
gency Bro. Robinson should be damned." 

Robinson writes Tyler from Washington, 
June 17, 1812: "All is anxiety. It is four 
o'clock and the Senate has not yet taken the 
question [on a war measure]. I want a 
pipe, and I want my dinner, but I cannot 
start, tack or sheet, until I see, as Bro. Her- 
rington says, ' the last dog hung.' Recollect 
me to Mrs. Tyler, the boys and girls and to 
Miss Sophia. Keep this letter to yourself. 
I cannot continue while Gorman is murder- 
ing language in an endless speech, which 
sounds more discordant to my ears than the 
thundering cannon did thirty-seven years 
ago this day, when I heard more than two 
hundred of them in my cornfield in Benning- 
ton." The thundering cannon w-ere those of 
Bunker Hill. 

In another letter from ^\■ashington Robin- 
son expresses his impatience at delays in 
Congress, and on the outside of the letter 
describes his idea of the scene of its recep- 
tion by their Honors, the Judges of the 
Supreme Court of Vermont, in these words : 
" Bro. Tyler filled his pipe and said, ' Come, 
Brethren, let us see what Bro. Robinson has 
to say.' Reads. Bro. Fay spits and says, 
' Bro. Robinson is as cross as the devil.' 
' Well,' says Bro. Herrington, ' I feel easy 
about it, it is a pack for their backs, not 
mine.' Bro. Tyler smiled, and filled his 
second pipe." 

Judge Tyler was honored and loved by all. 
Judge Royall Tyler of Brattleboro, now in his 
eighty-second year, is his son. That fact, 
though neither the relationship nor the name 
is pat, somehow calls to mind this : 

"Jerry! 
I s.iy, my boy. you'll go it yet 
You're like your uncle, very." 



178 



JACOB. 



JACOB, Stephen.— Stephen Jacob of 
Windsor was born in Sheffield, Mass., grad- 
uated at Yale in 1778, came to Bennington, 
Vt., that year, and read a poem at the first 
celebration of the Battle of Bennington, 
August 16, 1778; married Pamela Farrand 
in 1779, and came to Windsor in 1780. He 
had, before admission to the bar, studied 
law with Theodore Sedgwick of Massachu- 
setts. In I 781 he was a representative from 
^Vindsor, and again in 1788 and 1794, and 
was clerk of the House in 17S8 and 1780. 
He was a member of the able council of 
censors of 1785, delegate in the constitu- 
tional convention of 179,3, chief judge of 
\\'indsor county court 1797 to 1801, and a 
councillor from 1796 to 1802. Mr. Jacob 
was brave and energetic in quelling the 
Windsor county insurrection in 1786, and in 
1789 was a commissioner in settling the 
controversy with New York. 

He was elected a judge of the Supreme 
Court in 1801 and served two years. Judge 
Jacob was a high-strung Federalist, aristo- 
cratic in bearing and mode of life and 
bought several slaves and brought them into 
Vermont, where, of course, they could serve 
him or not as they chose. He bought one 
Dinah, a negro woman of thirty, July 26, 
1783, for forty pounds, but Dinah emanci- 
pated herself, fell into want, and the select- 
men of Windsor sued Judge Jacob for her 
support. His views on the slavery question 
were very different from those of his suc- 
cessor next noticed herein. Judge Jacob 
died Jan. 27, 18 17. 

HERRINTON, THEOPHILUS. — Theo- 
philus Herrinton of Clarendon, called by 
others in his own day Harrington, Herring- 
ton, or Herrinton, but who himself wrote his 
name as here given, was born in Rhode 
Island, married Betsey Buck, came to Ver- 
mont in 1785 and became a farmer in Clar- 
endon. Betsey and he were not out, and 
in 1 797 there were living eleven of their 
twelve children. In their school district 
that year were eight families to whom had 
been born 113 children, 99 of whom were 
then living, and none of the husbands in 
these families had a second wife. 

Judge Harrington, to use the name by 
which he is known in history, represented 
Clarendon in 179S, and from 1798 to 1803 
inclusive, being speaker the last-named year. 
He was chief judge of Rutland county court, 
1800 to 1803, and in 1803 was elected a 
judge of the Supreme Court, where he served 
ten years. 

He was no observer of conventionalities, 
if he knew them, and it has been said that 
he sometimes went into court barefooted. 
His business was that of a farmer, and he 
was not admitted to the bar till after his 
election as a Supreme Court judge. Many 



stories are told of him — how that he said he 
didn't know as the court knows what a 
demurrer is, but it knows what justice is, 
and the plaintiff shall have judgment ; how, 
while the other judges doubted whether the 
horse thief who stole in Canada and was 
guilty of asportation in this state, could be 
here convicted, Harrington insisted that 
he not only stole it in Canada, but every 
step of the way he took with it, and so stole 
it all the way through \'ermont ; and how he 
cut the knot about the seal by his " hand 
me a wafer." 

His strong good sense and just mind gave 
him the respect of the people and of his as- 
sociates on the bench, and one of his judg- 
ments ( remember he succeeded Judge Jacob, 
who bought slaves) deservedly made him 
famous. It was upon application for a war- 
rant to be given the claimant, which would 
give him power to remove his escaped slave. 
The claimant's lawyer had a bill of sale of the 
slave and back of that a bill of sale of the 
slave's mother. " Is that all? " said the judge. 
The claimant's lawyer thought going back to 
the two bills of sale was enough, but Har- 
rington said, " you do not go back to the orig- 
inal proprietor." The attorney wanted to 
know what would be sufficient and was in- 
formed that nothing in that court would give 
title to a human being but "a bill of sale 
from .Almighty God."^ 

Judge Harrington died Nov. 27, 1813. 

GALUSHA, Jonas.— Jonas Galusha of 
Shaftsbury was a judge of the Supreme Court 
two years, 1S07 to 1809. [See sketch in 
"Governors," ante page 74.] 

FAY, David.— David Fay of Benning- 
ton, youngest son of Stephen and brother of 
Judge Jonas Fay, was born in Hardwick, 
Mass., Dec. 13, 1761. When sixteen he 
was a filer in Capt. Samuel Robinson's com- 
pany at the Battle of Bennington. He was 
admitted to the bar in 1794, member of the 
council of censors in 1799, state's attorney 
of Bennington county, 1797 to 1801, and 
United States attorney throughout Jeffer- 
son's administration. 

He was elected a judge of the Supreme 
Court in 1809 and ser\ed till 1813 when the 
" Vergennes Slaughter House" proceedings 
of 1798 were repeated and the Federalists 
again turned the Republicans or Democrats 
out of the Supreme Court — as in 1801, so in 
18 1 5 the other side had its innings. He was 
judge of probate in 1819 and 1820, and a 
councilor from 1S17 to 1S21. 

Judge Fay died June 5, 1S27, leaving no 
descendants. 

FARRAND, DANIEL.— Daniel Farrand, 
son of Rev. Daniel Farrand, was born in 
Canaan, Conn., about 1760. 



179 



He graduated at \ale, came to Windsor 
•where his brother-in-law, Stephen Jacob, 
ii\ed, began the practice of law but soon 
moved to Newburv which town he made his 
residence till 1800, and represented in 1792, 
1793, 1796, 1797, and I 798, being speaker 
the last named year. He was twice state's 
attorney of Orange county. May i, 1794, he 
married Mary Porter, of Haverhill, N. H., 
daughter of Asa Porter, and sister of Mrs. 
Mills Olcott, of Hanover, N. H. Mr. Far- 
rand went from Newbury to Bellows Falls, 
represented Rockingham in 1802, and was 
state's attorney of \Vindham county in 1801, 
1S02 and 1803, and in the latter year was de- 
feated for Congress by James Fliot. In 181 3 
he was a member of the council of censors and 
the same year was elected a judge of the Su- 
preme Court and served two years. \\'hen 
the Republicans or Democrats got the upper 
hand in 181 5, he was bounced, as he was a 
strong Federalist, and, in 1S14, had presided 
at a con\ention in Williston that roundly de- 
nounced the administration. He was chair- 
man of the committee of arrangements at 
Burlington, when President Monroe was re- 
cei\ed there on his tour, July 24, 1817, and 
did some very good speaking. He was a man 
of vigorous intellect, a good lawyer and of 
extensive learning. He died Oct. 13, 1825, 
and left nine daughters surviving him, all 
brilliant and accomplished women says Judge 
Taft. 

HUBBARD, JONATHAN Hatch.— J. H. 

Hubbard, of Windsor, was a judge of the Su- 
preme Court from 18 13 to 1815. [See 
sketch in " Representatives," ante page 135, 
where 1845 is a misprint for 18 15 — he was a 
judge but two years.] 

ALOIS, Asa. — -Asa Aldis, was born in 
Franklin, Mass., about 1 770. His father was 
a loyalist and moved to Boston, where he 
died in 1775. Asa's mother had died two 
years before and he was brought up by an 
aunt. He graduated at Brown University in 
1796, studied law with Judge Howell in 
Providence and began practice in Che- 
pachet. He married Mrs. Oadcomb, daugh- 
ter of Lieut.-Gov. Owen. In 1802 he moved 
to St. Albar," and there practiced his pro- 
fession. In 1S04 he formed a partnership 
with Bates Turner, but it did not last long. 
When the Republicans drove the Federalists 
off the supreme bench in 18 15 he was 
elected chief judge of the Supreme Court, 
much against his wish, and served one year. 

Judge Aldis was strongly urged to accept 
a re-election, but he absolutely refused. His 
ability was equal to the requirements of the 
ofifice, but he did not like ofificial position. 
He practiced many years after leaving the 
bench, but poor health kept him out of court 



for a long time before his death. He died 
at St. Albans, Oct. 16, 1847, in his seventy- 
eighth year. Daniel Kellogg was his son-in- 
law, and Asa Owen .\ldis was his son. 

SKINNER, Richard.— Richard Skinner 
of Manchester was judge of the Supreme 
Court from 181 5 to 181 7, and the latter year 
was elected chief judge, but declined the 
position. Kiltx his service as Governor, he 
was in 1823 elected chief judge, and pre- 
sided as such till 1S29. [See sketch in 
"Go\ernors" ante page 77.] 

FISK, James. — James Fisk of Barre was 
judge of the Supreme Court from 181 5 to 
181 7. [See sketch in "Senators," ante 
page III.] 

PALMER, William Adams.— William 

A. Palmer of Danville, was elected judge of 
the Supreme Court in 18 16, and served one 
year. [See sketch in "Go\ernors," ante 
page 82.] 

CHASE, DUDLEY.- Dudley Chase of 
Randolph was chief judge of the Supreme 
Court from i8i7toiS2i. He presided at 
the trial of Stephen and Jesse Bourne for the 
murder of Russell Colvin — a case that has 
become famous and which gave Wilkie Col- 
lins the theme for "The Dead Secret." [See 
sketch of Judge Chase in "Senators," ante 
page III.] 

DOOLITTLE, JOEL.— loel Doolittle 
was born about i 773 in Massachusetts, grad- 
uated at Yale in 1799, came to Middlebury 
in the fall of 1800 as the first tutor in Mid- 
dlebury College. He was admitted to the 
bar in 1801 and was a successful lawyer till 
181 7 when he was elected a judge of the 
Supreme Court. He served six years con- 
tinuously on the bench, and after a year of 
practice at the bar was again elected a judge 
in 1824 and served the following year. 

judge Doolittle was a councillor from 
18 15 to 1818, represented Middlebury in 
1S24 and was a member and president of 
the council of censors in 1834. 

He died, March 9, 1S41, at the age of 
sixty-eight. Mrs. Doolittle survived him 
and after his death went to^ Painesville, 
Ohio, where she lived with her children. 

BRAYTON, William.— William Bray- 
ton of Swanton was born in Lansingburgh, N. 
Y., and when thirteen was a student in Will- 
iams College, but never graduated. He 
was admitted to the bar in Franklin county 
in February, 1807, and began jsractice in 
Swanton. He married Hortentia Penniman, 
daughter of Jabez and Frances Penniman. 
Frances was the widow of Ethan Allen. He 



i8o 



was made chief judge of Franklin county 
court in 1815, represented Swanton in 181 7, 
and that year was elected a judge of the 
Supreme Court, and served as such five 
years. While on the Supreme bench he 
moved to St. Albans, and after living there 
several years, and after ceasing to be a judge, 
he removed to Burlington, where he died in 
1828. His son, William, died young, but a 
daughter, if not now, was very lately living 
in Missouri. He published the reports 
known as Brayton's Reports. 

VAN NESS, Cornelius Peter.— Cor- 
nelius p. Van Ness, of Burlington, was chief 
judge of the Supreme Court from 182 1 to 
1823. [See sketch in " Governors ," aw/f 
page 78.] 

WILLIAMS, Charles Kilborn.— 

Charles K. Williams, of Rutland, was a judge 
of the Supreme Court, 1822 to 1S24, again 
from 1826 to 1833, and from 1833 to 1846 
was chief judge. [See sketch in "Gover- 
nors," ante page 88.] 

AlKENS, Asa.— Asa Aikens, of Wind- 
sor, was born in Barnard ; entered Mid- 
dlebury College in 1804; studied three 
years there ; then was a year as a cadet at 
\\'est Point. In 1808 he returned to Mid- 
dlebury and studied law with Joel Doolittle. 
In 1812 he settled in Windsor, which town 
he represented two years and he was state's 
attorney for Windsor county two years. In 
18 1 2 he was elected a judge of the Supreme 
Court and served on the bench two years. 
He was a careful, painstaking lawyer and 
judge, and the two volumes of reports pub- 
lished under his name form the first product 
of skilled labor in this state in that line. 
"Aikens' Forms" is thumbed in many a law 
office in the state. Later in life he pub- 
lished "Aikens' Tables." 

In 1843 he moved to Westport, N. ¥., and 
made that his home afterwards. On a visit 
to his son-in-law at Hackensack, N. J., he 
died of nervous prostration, July 12, 1863. 
He was buried in Trinity cemetery. New 
York City. 

PRENTISS, Samuel. — Samuel Prentiss, 
of Montpelier, was judge of the Supreme 
Court from 1825 to 1829, and in 1829 was 
elected chief judge, and held that position 
till elected senator in 1830. [See sketch in 
" Senators," ante page 114.] 

HUTCHINSON, TiTUS.— Titus Hutch- 
inson of Woodstock, son of Rev. Aaron and 
Margery (Carter) Hutchinson, was born in 
Grafton, Mass., April 29, 1771. July 4, 
1776, the family left Hebron, Conn., and 
moved to what is still called the Hutchinson 



Farm, in Pomfret, two miles from Wood- 
stock. Titus graduated at Princeton College, 
studied law with his brother Aaron in Leb- 
anon, N. H., and was admitted to the Orange 
county bar June, i 79S. He settled in Wood- 
stock, where there was already one lawyer. 
In 1S13 he was appointed L'. S. attorney for 
the district of Vermont, and held the office 
ten years. 

In 1826 he was elected a judge of the Su- 
preme Court, served as such till 1S30, when 
he was elected chief judge, which position he 
occupied three years, being defeated by 
Judge Williams in the election of 1833 by a 
vote of 118 to 1 13. 

Judge Hutchinson married Clarissa Sage 
Feb. 16, 1800. She died Jan. 18, 1844. 
Their children were : Edwin, Oramel, Hen- 
ry, Titus, Clarissa S., and Alexander. The 
judge lived in comparative retirement the 
last twenty years of his life. He died Aug- 
ust 24, 1857. A full sketch of him may be 
found in Henry Swan Dana's History of 
Woodstock, as good a town history as was 
ever written in this world — perhaps they write 
town history better on the planets of the 
Pleiades or those of the golden belt of Orion, 
but not here. 

ROYCE, Stephen.— Stephen Royce of 
Berkshire was judge of the Supreme Court 
from 1825 to 1827, again from 1829 to 
1846, and was chief judge from 1846 to 
1852. [See sketch in "Governors," ante 
page 9 I.J 

TURNER, BATES.--Bates Turner of St. 
Albans entered the Revolutionary army at 
sixteen, studied law under Judges Reeve 
and Gould and was admitted to the bar in 
Connecticut. He settled in Fairfield in i 796, 
but moved to St. Albans and in 1804 there 
formed a partnership with Asa Aldis. It 
lasted but a short time and he returned to 
Fairfield and set up a law school. He had 
in his life about 175 law students. In 181 2 
he removed to Middlebury thinking his 
school would do better there, but soon re- 
turned to Fairfield and before long to St. 
Albans again. 

He was elected a judge of the Supreme 
Court in 1827 and continued in service two 
years. He was quite old when elected judge 
but on leaving the bench returned to prac- 
tice. Judge Turner, carrying his bag of law 
papers, called on a lady who playfully re- 
minded him that Judas carried a bag. 
"Yes," said the judge, "and kept better 
company than I do." 

Judge Turner died at an advanced age, 
April 30, 1847. 

PADDOCK, EPHRAIM. — Ephraim Pad- 
dock of St. Johnsbury came when a young 



man from Massachusetts to Vermont. His 
opportunities for education were limited to 
the common school, but he made such 
good use of them that he was for two or three 
years employed as an instructor in Peacham 
Academy. He began the practice of law in 
St. Johnsbury and by diligence became 
a learned lawyer. He represented St. 
lohnsbury from 1S21 to 1826, inclusive; 
was a member of the constitutional conven- 
tion of 182S, and of the council of censors in 
1.S41. He was elected a judge of the Supreme 
Court in 1828, but preferred the vi^ork of his 
profession and retired from the bench in 
1 83 1. 

Judge Paddock continued in acti\e prac- 
tice till 1848, when he gave up professional 
duties and lived in peace and quiet the re- 
mainder of his days. He died July 27, 1859, 
at the age of seventy-nine. 

THOMPSON, JOHN C— John C. 
Thompson, of Burhngton, was born in 
Rhode Island, studied law in Hartford, 
Conn., and was there admitted to the bar 
about 181 3. He came at once to Windsor, 
where he staid till 1818, in which year he re- 
moved to Hartland. In 1822 he left Hart- 
land and settled in Burlington. He was a 
good lawyer and rose rapidly in public favor. 
In 1827 he was elected a councillor and held 
that ofifice till elected a judge of the Supreme 
Court in 1830. Before his first year of serv- 
ice was ended he was taken sick on his way 
to Montpelier in a stage-coach and in a few 
days died. He had won approval as a judge 
although so short a time on the bench. 

Judge Thompson married Nancy Patrick 
in December, 18 16. His death occurred 
June 27, 1 83 1. He left surviving him a son 
who was drowned in Lake Champlain, Sep- 
tember, 1846. 

BAYLIES, Nicholas.— Nicholas Bay- 
lies of Montpelier, son of Deacon Nicholas 
Baylies, of Uxbridge, Mass., was born in 
I'xbridge, graduated at Dartmouth College 
in 1 794, read law with Charles Marsh of 
^^'oodstock, was admitted to the bar, and 
practiced in Woodstock a number of years. 
He moved from Woodstock to Montpelier in 
1809 and was "warned out" of Mont- 
pelier the 15th of November following — a 
fine old custom for booming a new settle- 
ment ! He was a scholarly man and was 
the author of a three volume " 1 )igested 
Index to the Modern Reports," published at 
Montpelier in 1814, which received the ap- 
proval of James Kent and Judge Parker. 
The " proprietors " of this book were Nicho- 
las Baylies, Samuel Prentiss, Jr., and James 
H. Langdon. Mr. Baylies also published a 
theological work on free agency. He was 
elected state's attorney in 181 3, 1814 and 



1825, and a judge of the Supreme Court in 
1S31, 1832 and 1833. y^ 

He removed to Lyndon about iS35yAvnere 
he lived with his son-in-law, George C. 
Cahoon, and practiced law till his death, 
.August 17, 1847. He was buried in Mont- 
pelier, August 22, 1847. Mr. Baylies was 
probably seventy-nine years of age at his 
death, though some authorities make him 
eighty-two and others onl\' seventy-five. He 
argued a case in the Supreme Court in Mont- 
pelier but a few months before his death. 
He married Mary Ripley, daughter of Prof. 
Sylvanus Ripley, and granddaughter of Pres- 
ident Eleazer Wheelock. She was a sister of 
Cen. Eleazer Wheelock Ripley, who com- 
manded at Lundy's Lane after Scott was 
wounded. Mr. Baylies' only daughter, Mary 
Ripley Baylies, married George C. Cahoon 
of Lyndon, Oct. 27, 1825. His son, Hor- 
atio N. Baylies, was long a merchant in 
Montpelier, and died in Louisiana. An- 
other son, Nicholas Baylies, Jr., was a lawyer. 

PHELPS, Samuel Sheather.— s. s. 

Phelps of Middlebury, was a judge of the 
Supreme Court from 1831 to 1838. [See 
sketch under " Senators," ante page 1 16.] 

COLLAMER, JACOB.— Jacob CoUamer 
of Woodstock, was a judge of the Supreme 
Court from 1834 to 1842. [See sketch under 
"Senators," t?;//^ page 121.] 

MATTOCKS, JOHN.— John Mattocks, 
of Peacham, one of the brightest men that 
ever lived, was elected a judge of the Supreme 
Court in 1834, but served only one year, ab- 
solutely declining a re-election. The opinions 
he gave are not only good law but so put that, 
as Horace (Ireeley would have said, they "are 
mighty interestin' reading." [.See sketch in 
"Governors," ante page 85.] 

REDFIELD, ISAAC FLETCHER.— Isaac 
F. Redfield, son 
ofDr.Peleg Red- 
field and Han- 
nah ( Parker ) 
Redfield, was 
born at Weath- 
ersfield, April 10, 
I S04 ; went to 
Coventry when 
his father moved 
there in 1S05 ; 
graduated at 
Dar t m o u t h in 
1825, and was in 
I S 2 7 admitted 
•■ to the bar in Or- 
leans county. He 
began practice at Derby, and so good a law- 
yer was he that he was continuously state's 




l82 



attorney from 1832, till elected a judge of 
the Supreme Court in 1835. He moved to 
Montpelier, and about 1846 to the Judge 
Chase house at Randolph Center, where he 
lived three or four years, and then moved to 
Windsor, where he lived till he went to Bos- 
ton in 1861. He was elected a judge of the 
Supreme Court in 1835, and so served till 
1S52, when he was elected chief judge, 
which office he held till 1800. 

He conferred honor on the court, and it 
was quoted in other states as the " Redfield 
Court. " After he declined further service 
on the bench he went to Boston. He wrote 
many valuable legal works, notably treatises 
on the law of wills and railway law. Judge 
Redfield died in Charlestown, Mass., March 
23, 1876, of pneumonia, and was buried at 
Windsor. He married Mary Ward Smith 
of Stanstead, Sept. 28, 1836, and Catha- 
rine Blanchard Clark of St. Johnsbury, May 
4, 1842. No children survive. 

BENNETT, MlLO L. — Milo L. Bennett, of 
Burlington, was born in Connecticut, studied 
at Williams and Vale and graduated at Vale 
in 181 1. He studied law at the Litchfield 
Law School ; came to .Bennington and soon 
went to Manchester, where he remained till 
1836, when he went to Maine and spent two 
years in the business of lumbering and losing 
his property. 

In 1838 he moved to Burlington; was in 
the fall of that year elected a judge of the 
Supreme Court and served till the court was 
reduced to three judges in 1850. He was in 
1850 elected one of the four judges of the 
newly established circuit court and going off 
the circuit bench practiced law one year, 
i85i-'52, in company with E. E. Kellogg. 
In 1852 he was elected again to the Supreme 
Court and served this time till 1859, se\en 
years. 

After his judicial service closed he was 
commissioner to revise the statutes and this 
revision, when enacted, became the "Gener- 
al Statutes," published in 1863. "Bennett's 
Justice" was also a work on which he spent 
a good deal of time. 

Judge Bennett did good work both at the 
bar and as a judge and good legal work is 
kept up by his descendants in the Boston 
Law School. He died July 7, 1868. 

HEBARD, William.— William Hebard 
of Randolph was elected a judge of the Su- 
preme Court in 1842, served one year, was 
again elected in 1844 and served another 
year. [See sketch in "Representatives," 
ante page 152.] 

KELLOGG, Daniel.— Daniel Kellogg 
of Rockingham was born at Amherst, Mass., 
Feb. 10, 1 791, graduated at ^\'illiams Col- 



lege in iSio, studied law with Gen. Martin 
Field of Newfane, and began practice at 
Rockingham in 1814. In iSigand 1820 he 
was judge of ])robate, secretary of the Gov- 
ernor and council 1823 to 1828, state's at- 
torney 1 82 7, and member of the council of 
censors the same year, L'nited States attor- 
ney for District of Vermont 1829 to 1841, 
member and president of the constitutional 
convention of 1843 and presidential elector 
in 1864. 

He was elected a judge of the Supreme 
Court in 1843, but did not accept; in 
1845 he was again elected and served six 
years. He was a scholarly, orderly man of 
excellent legal learning and took great pains 
in writing his opinions. He had the confi- 
dence of both the bar and the people. His 
professional, social, political and business 
life were characterized by the most perfect 
integrity. Judge Barrett said of him, " His 
lawyership was broad, accurate, practical 
and sensible, the result of faithful study, 
faithful and extensive practice, of a large con- 
versancy with current business and aflairs in 
all departments, and a most excellent social 
culture and bearing." He was president of 
the first savings bank of the state. 

Judge Kellogg married, first, Jane McAffee 
of Rockingham : second, Merab Ann Brad- 
ley, daughter of William C. Bradley ; third, 
Miranda M. Aldis, daughter of Asa Aldis. 
His children were : Henry, George B., Sarah 
B., and Daniel. 

Judge Kellogg moved to Brattleboro in 
1854 and died there May 10, 1875. 

HALL, HILAND.— Hiland Hall of Ben- 
nington was a judge of the Supreme Court 
from 1846 to 1850. [See sketch in "Gov- 
ernors," ante page 93.] 

DAVIS, Charles.— Charles Davis of 
Danville was born in Connecticut, and when 
he was a boy his father moved to Rocking- 
ham and in 1806 to Middlebury. Charles 
graduated at Middlebury, studied law with 
Daniel Chipman and was admitted to the 
bar in 1814. He edited a newspaper at one 
time. He stayed two years in Middlebury, 
then went to Barton and afterwards to 
Waterford, but in 1828 settled in Danville. 
He was that year elected state's attorney 
and held that office seven years and again 
served a year by an election in 1838. From 
1840 to 1845 he was L'nited States attorney 
for the district of Vermont and was probate 
judge for a time. In 1846 he was elected a 
judge of the Supreme Court and served two 
years. He represented Danville after he 
was on the bench, though it was a strongly 
Democratic town and he was a firm Whig ; 
in his legislative service he was chairman of 
the judiciary committee. He spent the last 



1 83 



of his life with a son in Illinois and died 
Nov. 2 1, 1863. 

POLAND, LUKE Potter.— Luke P. 

Poland, of St. Johnsbury, was a judge of the 
Supreme Court, 1S48 to 1850: of the Cir- 
cuit Court, 1850 to 1857; of the Supreme 
Court, 1857 to i860, and its chief judge, 
i860 to 1865. [See sketch in "Senators," 
ante page 124.] 

CIRCUIT JUDGES.— Three judges sat 
on the bench of the Circuit Court, which 
existed from 1S50 to 1857, who never re- 
ceived an election to the Supreme bench. 
They were Robert Pierpoint, \\'illiam C. 
Kittredge and Abel Underwood. 

Robert Pierpoint, of Rutland, a brother 
of John Pierpoint, was born in Litchfield, 
Conn., ^Lay 4, 1791 ; came when a child to 
Manchester, studied law with Covernor 
Skinner, and settled in Rutland. He was 
circuit judge from 1850 to 1856, and died 
May 6, 186^5. 

William C. Kittredge, of Fair Haven, 
was born in Dalton, Mass., Feb. 23, 1800; 
graduated at Williams College in 181 2 ; 
studied law in Northampton, Mass. ; went 
to Kentucky, and w'as there admitted to the 
bar ; was six months in Ravenna, Ohio ; 
caine to Vermont, was admitted in Rutland 
December, 1824, and settled in Fair Haven. 
He married three times, and had eleven 
children. For eight years he represented his 
town ; was county senator two years ; was 
speaker two years ; was state's attorney five 
years, and six years a judge of the county 
court. He was Lieutenant-Clovernor in 1852, 
and in 1856 was elected a circuit judge, and 
served one year. He died at Rutland, June 
II, 1869, while on his way to Bennington in 
discharge of his duties as V . S. Assessor of 
Internal Revenue. 

Abel LLnderwood, of Wells River, was 
born in Bradford, April 8, 1799, and was an 
uncle of Levi L'nderwood. He fitted for col- 
lege at Rovalton, and graduated at Dartmouth 
in 1824, teaching to pay his way. He stud- 
ied law with Isaac Fletcher, of Lyndon, and 
was admitted to the bar in Caledonia county 
in 1827. July 12, 1827, he married P'.mily 
Rix, of Royalton, and in 182S began jiractire 
in Wells Ri\er, being about one thousand 
dollars in debt for his education. He ])ros- 
pered in life, was U. S. attorney for this dis- 
trict, from 1849 to 1853, and was a circuit 
judge from 1854 to 1857. Judge L'nderwood 
died .\pril 22, 1879. His daughter and grand- 
daughter live in Montpelier. 

ISHAM, Pierpoint.— Pierpoint Isham, 
of Bennington, was born at Manchester. 
He was a son of Dr. Kzra Isham and his 
mother was a cousin of Judge Phelps and of 
J\idge Pierpoint. After attendance at the 



acaiiemy he studied law with Covernor Skin- 
ner ; was admitted to the bar and first set- 
tled in Pownal but soon moved to Benning- 
ton. In 1 85 1 he was elected a Supreme 
Court judge and served six years. .-Xt the 
end of that time, when the circuit judge sys- 
tem was broken up and the Supreme Court 
judges again made to undertake the task of 
presiding at trials in county court. Judge 
Isham absolutely declined a re-election, for 
his impulsive temperament made him averse 
to sitting at the conduct of jury trials. He 
made an excellent judge in the work of the 
Supreme Court, which was all that a Supreme 
Court judge had to do during the term of his 
service. Judge Isham died May 8, 1872. 

ALDIS, ASA Owen.— .\sa O. Aldis, of 
St. Albans, was born in that town ; graduated 
in 1829 at the L'niversity of Vermont, studied 
law and became law-partner of his father. 
Judge Asa Aldis. His practice was large, 
and in 1857 he was elected a judge of the 
Supreme Court, and served as such till the 
summer of 1865, when he resigned, moved 
to this step by the loss of several children 
and the impaired health of other members 
of his family. He was L'nited States consul 
at Nice till 1870, and in 187 1 was appointed 
president of the Southern Claims Commis- 
sion, the duties of which important position 
occupied his time till 1880, when the com- 
mission ended. He thereupon served till 
1884 on the French and .Alabama Claims 
Commission, and from 1871 made Washing- 
ton City his home. He had the grippe in 
[890, and was thenceforward in poor health 
till his death, which occurred in Washington, 
D. C. Owen Aldis, his son, is a Chicago 
lawyer. 

PIERPOINT, John.— John Pierpoint, 
of \' e rgennes, 
was born at 
Litchfield, Ct., 
Sept. TO, 1805, 
and was the sev- 
enth and young- 
est son of Dan- 
■»' ^ iel and' Sarah 

^. _ ( Phelps ) Pier- 

▼ ,, — ' point. In 18 15 

he came to Rut- 
land to live in 
the family of his 
brother Robert, 
who had mar- 
ried and settled 
there, and years 
after at the Hates House he told Judge Ross 
that he had felt old when there for he had 
hunted that ground all over time and again 
and shot his first game near where the Gen- 
eral Baxter residence stands. llis first 
day's hunting was so successful that his 




1 84 



IIEARDSLFA'. 



brother Robert told him next time he might 
take his new gun. John was as good a 
hunter all his days as he was judge and 
there can be no higher praise of skill than 
that. Tudge Peck once went with him when 
he was hunting and told of his shooting a 
bird on the wing, "firing as much as a min- 
ute after it had gone out of sight behind 
some cedar trees." At his brother's he did 
the chores and went to school ; at eighteen 
began studying law, probably in Manchester, 
and to continue his study he soon went to 
the law school at litchfield and boarded in 
his father's family two miles away. Judge 
Ross thinks that there he got the habit of 
thinking law as he walked and all through 
his life he kept the habit of walking in study. 
He was admitted to the bar in Rutland 
county in 1827 and began practice in Pitts- 
ford, where he wore through the boards of 
his office floor by walking back and forth, it 
is said. 

He mo\ed to Vergennes in May, 1832. 
Here his health broke down and he spent 
the winter of i835-'36 in Fayette, Miss. 
A\'ith bettered health he returned to Ver- 
mont, but was always a man of frail health. 
He represented Vergennes in 1841 and was 
Register of Probate from 1836 to 1857. In 
185s, 1856 and 1857 he was in the state 
Senate and chairman of its judiciary com- 
mittee two years. 

In 1857 he was elected a judge of the 
Supreme Court and his service on the bench 
was thence continuous till his death ; he was 
chief judge from November, 1865 to 1882. 

In 1838 he married Sarah M. Lawrence of 
Vergennes and they had seven children. He 
died Jan. 7, 1882, and Mrs. Pierpoint died 
Jan. 20, 1884. The bar of Vermont erected 
a monument over his gra\e. 

No more lovable man ever was a judge, no 
man more pure, no man more just, no man 
whose work was better done. And of all 
things in him that made him beloved did 
Charity most abound. 

BEARDSLEY, HERMAN R.~H. R. 
Beardsley of St. Albans, son of Ephraim 
Beardsley, was born in Kent, Conn., July 
21, 1800. His father moved to Grand Isle 
while Herman was a boy and sent his son to 
school to Rev. Asa Lyon. Herman entered 
the University of Vermont in 18 ig, but be- 
cause of failing health left college in his 
junior year and soon after began the study 
of law with Bates Turner and afterwards read 
with Asa Aldis. He took high rank at the 
bar and on the resignation of Asa Owen Al- 
dis in the summer of 1865 was appointed by 
Governor Smith a judge of the Supreme 
Court. His service was short, as the Legis- 
lature of that year instead of electing Mr. 
Beardsley chose William C. Wilson. 




Judge Beardsley married .Abigail S. Webb, 
stepdaughter of Bates Turner, and by her 
had three daughters and one son. He died 
in St. Albans, March 9, 1S78. 

BARRETT, J AMES.— James Barrett of 
\\'oodstock, and 
now of Rutland, 
son of IMartin 
and Dorcas 
(Patterson) Bar- 
rett, was born 
in Strafford, 
May 31, 1814. 
He graduated at 
1 )artmouth Col- 
lege in 1838; 
read law with 
Charles Crocker 
of Buffalo, N. v., 
in 1838 and 
1S39, and with 
Charles Marsh 
in Woodstock in 1839 and 1840; was ad- 
mitted and began practice in Woodstock in 
1840; moved to Boston in 1848, and re- 
turned to Woodstock in 1849. He was a 
state senator two years, and state's attorney 
two years. 

In 1857 he was elected a judge of the Su- 
preme Court, and served as such twenty- 
three years, his last service on the bench 
being in 1880. No man of more profound 
knowledge of the law than Judge Barrett was 
ever on the Supreme Court bench unless 
Asahel Peck was that man. It is said of 
Judge Peck that, having taken his position 
in consultation on cases in which he differed 
from his brethren, he was known to confess 
himself wrong and his brethren right in but 
one instance in all his service. Judge Poland 
told me that, in consultation, when he and 
Judge Peck disagreed, he once said to Judge 
Peck : "You are a great deal the better law- 
yer, but I am a great deal the better judge." 
There can be no doubt that the Supreme 
Court, when I. F. Redfield, Poland and Bar- 
rett were on its bench together and after- 
wards when Poland, Barrett and Peck were 
members, was a court that was supreme — 
one that united stood and divided didn't fall 
a great ways. How many times Judge Bar- 
rett gave up that he was wrong is not of 
record. When those men differed, who 
would novi^ dare to say which was right and 
which wrong — unless he could find out 
what John Pierpoint thought, was, taking 
everything into consideration, the right way 
to dispose of the Case. 

Judge Barrett's many opinions, reported 
in the near a quarter of a century that he 
served, exhibit a strength and living force 
that will always in legal circles give good 
repute to Vermont courts and to the state. 



'8s 



The degree of Doctor of Laws conferred on 
him is in his case a truthful as well as 
honorable title — given in accordance with 
the fact. 

After his retirement from the bench he 
moved to Rutland where he practiced his 
profession and where he suffered, Feb. 15, 
1887, the great loss of the death by accident 
of his son James C. Barrett who had though 
yet young in years attained position in the 
very front rank of lawyers. 

Judge Barrett married, Sept. 24, 1S44, 
Maria Lord, daughter of Dr. Simeon Wood- 
worth of Coventry, Conn., and they had 
nine children. He lives in Rutland, adding 
days of good old age to the years of honor 
that lie behind him, and still dignifying the 
profession of which he became a member 
more than half a century ago, by doing good 
work in it. 

KELLOGG, LOYAL CASE. —L. C. 
Kellogg of Ben- 
son, son of John 
and Harriot 
(Nash) Kellogg, 
was born in Ben- 
son Feb. 13, 
1816. He grad- 
uated at Amherst 
College in 183O, 
read law with 
Phineas Smith 
at Rutland, and 
with his father in 
Benson, and was 
admitted in Rut- 
land county, 
September term, 
1S39. He settled in Benson, which town he 
represented in 1847, 1850, 185 1, 1859 and 
1 8 70. He was a member of the constitu- 
tional conventions of 1857 and 1870, and 
president of that of 1857. 

In 1859 he was elected a judge of the 
Supreme Court and served eight years ; he 
was elected for a further term, but declined 
to continue in office. He moved to Rutland 
while judge, but returned to Benson on re- 
tiring from the bench. Judge Kellogg was 
a most honorable and learned judge. His 
love of order was great, and I well remember 
how, years ago, after he had returned to 
practice, he got me to copy one live-long 
night papers that were to be presented to 
the court the next day. They were done to 
his satisfaction — and that was cause of won- 
der when I learned how particular he was — 
except that he had well-defined and positive 
ideas about the place for putting the filing 
which were new- to me, but for which he 
gave reasons at large. His mode I after- 
wards followed till Judge Rowell, who is as 
orderly minded as was Judge Kellogg, insti- 




tuted the present method, for which he has 
reasons as cogent as Judge Kellogg had for 
his way i and now that Judge Rowell's 
method has been embodied in a rule, I try 
to follow that, but always with a mental 
apology to the memory of Judge Kellogg. 
Both ways are good ways — mine wasn't — 
and it is entirely probable that the departed 
judge's respect for a rule of court as a sacred 
thing would lead him to comply with it 
should he return to practice, and if he didn't 
so comply, revisiting the glimpses of the 
court room would be unpleasant for him. 

Judge Kellogg never married. He died 
at Benson, Nov. 26, 1872. 

PECK, ASAHEL.— Asahel Peck of Jeri- 
cho was a judge of the circuit court from 
185 1 to 1857 and of the Supreme Court 
from 1S60 to 1874. [See sketch in " Gov- 
ernors," ante page 100.] 

WILSON, WILLIAM C— W. C.Wilson, 
of Bakersfield, 
was born inCam- 
bridge, July 2, 
181 2. Hisfather, 
John, was a farm- 
er, and till eight- 
e e n William 
worked on the 
farm and attend- 
ed districtschool. 
The boy then 
went to school 
m Jericho and by 
leaching got 
money enough 
^o he could study 
i.iw, which he did 
first in Cam- 
bridge, then fur two years in Fairfax and 
then in St. Albans. Mr. Wilson was admitted 
to the Franklin county bar September term, 
1834, settled in Bakersfield, and obtained 
a large practice. He maintained a school 
for law students for some time after 1850 and 
drilled them carefully in their studies. He 
was state's attorney in 1844 and 1845, assist- 
ant judge of the county court in 1849, 1850, 
and 185 I, member of the Constitutional Con- 
ventions of 1843 s-nd 1850, state senator in 
1848 and 1849, and representative in the 
Legislatures of 1863, 1864, and 1865. In 
1865 he was elected a judge of the Supreme 
Court and served five years, till 1870. 

He married Clarissa A. Pratt of Bakers- 
field and by her had three children, three of 
whom survived him : \\'. D. Wilson, Esq., 
of St. Albans ; Mrs. M. R. Tyler of St. 
l^aul, Minn., and Mrs. C. M. Start of Roches- 
ter, Minn. Mrs. Wilson -died in 1869. Soon 
after leaving the bench in 1870 Judge Wil- 
son removed to Rochester, Minn., where his 




i86 



daughter, Mrs. Start, was then H\ing. In 
1873 he married a second time. 'I'he Min- 
nesota climate benefited his health and he 
began writing upon a law work for publica- 
tion, but the sickness and death of his wife 
and then his own failing health compelled 
him to abandon the undertaking. 

Judge Wilson died April 16, 1882, and 
in accordance with his expressed wish was 
buried in the cemetery at Bakersfield. 

STEELE, Benjamin Hinman.— b. h. 

Steele of Derby, son of Sanford and Mary 
(Hinman) Steele, was born in Stanstead, P. 
n., Feb. 6, 1837. Fond of books his progress 




in study was so rapid that when but fourteen 
he taught an advanced school in his native 
town, the next winter he taught in Troy, 
then two winters in Concord, Mass., then 
again in Derby. Governor Dale said of 
him : " He had early selected the road he 
was to take, and was preparing earnestly for 
his journey, teaching, studying, reading ; 
now the most ardent devotee at the Derby 
and Stanstead academies, again reciting 
Latin and French to the kind Catholic 
priest ; then busily learning French five 
months at the College of St. Pierre ; rush- 
ing into a course at Norwich University, 
quickly hurrying from there to Dartmouth 
College for want of time to complete a course 
at both institutions ; prostrated by sickness, 
burdened with the care of a family which 
sickness and death threw upon his capable 
and willing mind, he ran towards the citv of 



his destiny with wonderful courage. Thus 
with a long arm and a strong will, he hewed 
his way through college, over the threshold 
of which he was stepping out into the world 
as the acknowledged leader of his class, 
when I first saw him." 

Graduating at Dartmouth with honor in 
1857 he continued studying law, first in Bar- 
ton (teaching as principal of Barton Acad- 
emy at the same time) ; typhoid fever com- 
pelled him to stop, on recovery he went to 
Cambridge, Mass., intending to pursue his 
studies at the law school. He went into the 
Supreme Court as a spectator and was ad- 
vised by his friends to apply for admission 
to the bar and at the age of twenty-one he 
did so, was examined by Benjamin F. Butler, 
commended by Choate, who heard part of 
the examination, and was admitted. He pre- 
pared to go west, but his old friends were 
loath to let him go and persuaded him to 
begin at Derby Line. This he did and at 
once by untiring application, zeal and elo- 
quence went to the forefront as a lawyer. 

When Judge Poland, in the fall of 1865, 
was appointed to the Senate the other judges 
each went up a peg and the place thus made 
vacant was filled by Governor Dillingham's 
appointing Steele a judge of the Supreme 
Court. Only twenty-eight when he went on 
the bench he was one of the strongest judges 
of his day during his five years' service. In 
1870 he declined a re-election to the bench, 
was appointed a member of the board of edu- 
cation, and in 1S72 was a formidable candi- 
date for the nomination to Congress against 
Judge Poland. The canvass was an active 
one and Judge Poland was barely successful 
in convention. Judge Steele was a member 
of the Republican national convention in 
1872, and the civil service and tariff planks 
of the platform were from his draft. 

Judge Steele had an enthusiastic following 
among the younger members of his party 
and his genius justified their admiration. 
Had he lived he would have taken his 
proper place in the work of national legisla- 
tion and would have stood second in national 
fame to no other of Vermont's representative 
men. He was not only a thorough student 
and profound thinker but an orator by na- 
ture and cultivation. His early death was 
not only a grievous loss to his family and 
friends, but to the state in good service and 
in the honor a worthy and brilliant son 
gives her when he becomes on a broader 
field a statesman and leader of men. 

Judge Steele married, Feb. 6, i86t, 
Martha, only daughter of David and \\ealthy 
(Thomas) Sumner. Two children were the 
issue of this marriage : Mary Hinman, and 
David Sumner. The last years of Judge 
Steele were spent at Hartland, where his 
widow yet resides, and not mnnv miles from 



i87 



the home of his sister, Mrs. Samuel K. I'in- 
gree in Hartford. 

His health had always been delicate, and 
in 1873 he went to Minnesota, hoping its 
climate would arrest the disease that has 
been fatal to so many of New England's 
sons and daughters. He died in Faribault, 
Minn., July 13, 1873. No man who knew 
him can write of him, even after the lapse 
of more than a score of years, without quick- 
ening blood as he remembers the man of 
whom at the commenorative meeting of old 
neighbors and friends at Derby Line, 1 lale 
long ago said : "A pleasant, happy father, 
husband, brother, man. From his couch in 
that far off Western town he looked back 
upon no wild irregularity of his youthful or 
riper years. He looked back with conscious 
rectitude, through the fact that he had done 
all he could, and with regret that he could 
no longer comfort his friends ; and forward, 
across the river lit by the faith of that 
church, the forms and creed of which had 
long been pleasant to his mind ; then quietly 
passed beyond our view." 

PROUT, JOHN.— John Prout, of Rut- 
land, was born in Salisbury, Nov. 21, 1815. 
His training was of the old-fashioned kind, 
and his education was in the common 
schools and academy. He followed the 
trade of a printer several years and then 
studied law in the office of E. N. Briggs and 
was admitted to the bar in Addison county 
in 1837 and began practice with Mr. Piriggs. 
He represented Salisbury in 1847, 1S48 and 
1 85 1 and was state's attorney of .Addison 
county from 184S to 185 1. 

In 1S54 he moved to Rutland and there 
pursued his profession most successfully till 
he retired in 1886. He had at various times 
as partners, Caleb B. Harrington, Charles 
Linsley, W. C. Dunton, N. P. Simons and 
Col. .Mdace F. Walker. He represented 
Rutland in 1865 and 1866 and was a sena- 
tor for Rutland county in 1867. In 1867 
he was elected a judge of the Supreme Court 
and served two years. The work was not as 
congenial to him as that of his profession 
and he declined further service. He was 
honest, learned and wise ; and was a sort of 
counselor-general not only to his clients but 
to the community and his brethren of the 
bar. It has been said of him that " to one 
who knew Judge Prout principally in his 
later life, its most striking characteristic 
was the degree in which his name and his 
opinions were deferred to in the community 
wherein he lived." 

Judge Prout died in Rutland, .August 28, 
1890. 

WHEHLER, HOYT H.— H. H. Wheeler 
of Jamaica, now of Brattleboro, and United 
States district judge for the district of Ver- 



mont, was a judge of the Supreme Court 
from 1869 to his resignation, March 31, 
1877. [See sketch in Part ll,/>os/ page 427.] 

ROYCE, HOMER ELIHU.— H. E. Royce 
of St. Albans was a judge of the Supreme 
Court from 1870 to 1890, serving as chief 
j\idge after the death of Chief Judge Pier- 
jioint in January, 1882. [See sketch in 
"Representatives," atiU page 155.] 

REDFIELD, TIMOTHY PARKER.— T. P. 
R e d fi e 1 d of 
Montpelier was 
one of the twelve 
children of Dr. 
Peleg and Han- 
^ nah (Parker) 

t'^ 'fSf^td Redfield. He 

% \"^ was born at 

, '2i^n Coventry, Nov. 

, I ' 3, 1812, andwas 

educated at 
Dartmouth i n 
the class of 1836. 
He read law 
with his brother, 
Isaac F., was ad- 
mitted to the 
Orleans county bar in the year 1838, and be- 
gan practice at Irasburgh, where he remain- 
ed ten years. In 1848 he was elected sen- 
ator from Orleans county. He moved to 
Montpelier after the session of 1848, prac- 
ticed there till his election as a judge of the 
Supreme Court in 1870, and continued on 
the bench till the fall of 1884, when he de- 
clined a re-election. He married Helen W. 
Crannis of Stanstead, Feb. 6, 1840, and she 
survives him. They had four children, one 
of whom, Alice, the wife of Andrew J. Phil- 
lips, is living in Chicago. .Alice has one 
child living, a son Timothy. The judge, 
after many years, lies with his three other 
children in Green Mount cemetery, that 
pleasant place of rest of which Eastman 
wrote : 

" This fairest spot of hill .ind gL^ile, 

Where blooms the flower and waves the tree. 

."^nd silver streams delight the shade, 
We consecrate, O Death, to thee." 

Judge Redfield was a wise and genial man, 
as well as a profound lawyer and great judge. 
No man at the bar had quite so much the 
flavor of the olden time. Some way he re- 
membered the wise and witty things that 
seemed to be the common stock of the 
ancients of the law, and it was an education 
to hear him discourse of the old lawyers and 
the old practice. .And w-ithal he knew more 
things that were "going on" about him than 
nine-tenths of their actors ; how he became 
possessed of his information was aniystery — 
he must have absorbed knowledge from the 
air as he went along. He was a powerful 



advocate while at the bar ; logical, adroit,with 
play of wit and humor, he was a dangerous 
antagonist. And after he was on the bench 
his power and mastery of the art of putting 
things used to make the lawyer who was 
getting the worst of the charge wince, and 
make the one whose law and facts the judge 
thought were right ashamed of himself to 
see how a real artist could do his work. 
When he had his mind made up he took 
care that his position should be understood. 
When he made decisions as a chancellor he 
would often file reasons with or as a part of 
the decretal order that, when the case went 
up, were a tower of strength in defense of 
the order he had made. 

It is, I find, the general sense of those 
who knew the two Judges Redfield that Isaac 
F. was the more studious in habit, and Tim- 
othy P. the stronger by nature. The elder 
brother cultivated more assiduously, but the 
younger plowed the deeper, and he seemed 
to know intuitively legal fields and what 
grains and fruits they bore. I have been 
surprised, after examining a doubtful point, 
and going over all the authorities attainable, 
to hear him, the moment the question was 
sprung in the court room, start from a prin- 
ciple and go on till he had talked all the law 
there was about the thing — give a better 
summary of the law off-hand than one could 
find in the books of those who had taken 
their time for thought and statement. He 
was solidly grounded in the principles of the 
law, and he remembered a vast deal about 
practice. He was to the younger members 
of the bar a spring of pure and ever flowing 
law, and I believe that his brethren on the 
bench would say that they looked to him as 
to the master of a stronghold of the law, 
with all its weapons available to his hand. 

Judge Redfield died in Chicago, May 27, 
1888, and was buried in Green Mount cem- 
etery, Montpelier. 

ROSS, Jonathan.— Jonathan Ross, of 
St. Johnsbury, now chief judge of the Su- 
preme Court, was elected a judge of that 
court in 1870, and has been chief judge 
since 1890. [See sketch in Parti I, post 
page 342.] 

POWERS, HORACE HENRY. — H. H. 
Powers, of Morrisville, was a judge of the 
Supreme Court from 1874 to 1890, when he 
was elected to Congress. [See sketch in 
"Representatives," /cijV page 324.] 

DUNTON, Walter C — Walter C. 

Dunton, of Rutland, was born in Bristol, 
Nov. 29, 1830. He was educated at Malone 
Academy, N. Y., and Middlebury College, 
graduating at the latter institution in 1857. 
He read law with Dillingham and Durant at 



Waterbury and with Linsley & Prout at Rut- 
land and was admitted to the bar of Rutland 
county in 1858. 

He resided in Kansas some years and was 
a member of its last territorial Legislature in 
1 861. That same year he located in Rut- 
land. In 1862 he went into the army and 
served as Captain of Co. H, 14th Vt. Vols. 
He was Rutland's member of the constitu- 
tional convention of 1870. In 1865 he was 
elected judge of probate for the district of 
Rutland and served till April 14, 1877, when 
he was appointed a judge of the Supreme 
Court by Governor Fairbanks to fill the 
vacancy caused by promotions consequent 
on the resignation of Judge Wheeler. Judge 
Dunton served on the Supreme Court bench 
terminated in the fall of 1879 by his resig- 
nation of the office. 

He resumed practice and died in Rutland 
April 23, 1890. 

VEAZEY, Wheelock Graves.— w. 

G. Veazey of Rutland, now a member of the 
Interstate Commerce Commission, was ap- 
pointed a judge of the Supreme Court Nov. 

I, 1S79, upon the resignation of Judge Dun- 
ton, and served till August, 1889, when he 
resigned. [See sketch in Part \\, post page 
408.] 

TAFT, Russell F.— R. S. Taft of Bur- 
lington has been a judge of the Supreme Court 
since 18S0, and since 1890 has been first 
assistant judge. [See sketch in Part \\, post 
page 391.] 

ROWELL, JOHN W.— John ^V. Rowell, 
of West Randolph, has been a judge of the 
Supreme Court since Jan. 11, 1882, when he 
was appointed by Governor Farnham sixth 
assistant after the death of Chief Judge Pier- 
point. He has been, since 1890, second 
assistant judge. [See sketch in Part II, post 
page 343-] 

WALKER, William H.— W. H. Walker, 
of Ludlow, was elected a judge of the Supreme 
Court in 1884, and served till September, 
1887, when he resigned. [See sketch in Part 

II, post page 41 7.] 

TYLER, James M.— James M. Tyler, of 
Brattleboro, has been a judge of the Supreme 
Court since September, 1887, when he was 
appointed by (iovernor Ormsbee to fill the 
vacancy caused by promotions after resigna- 
tion of Judge \\'alker. He is now third as- 
sistant judge. [See sketch in Part \\, post 
page 405.] 

MUNSON, LOVELAND.— Loveland Mun- 
son, of Manchester, has been a judge of the 
Su])reme Court since his appointment by 



THOMPSON. 



Governor Dillingham in September, 1889, to 
fill the vacancy caused by promotions fol- 
lowing Judge Veazey's resignation. He is 
now fourth assistant judge. [See sketch in 
Part U,/>os^ page 283.] 

START, HENRY R.— Henry R. Start of 
Bakersfield has been fifth assistant judge of 



the Supreme Court since his election in 
i8go. [See sketch in Part \\, post page 373.] 

THOMPSON, LafOREST H.— L. H. 
Thompson of Irasburg has been sixth assis- 
tant judge of the Supreme Court since his 
election in 1890. [See sketch in Part H, 
posip&ge: 397.] 



VERMONT INVENTORS. 

B^ Lt£\ 1 K. FULLER. 

In a search for rare and curious inventions, there has been revealed, among the citizens 
of this state, a wealth of inventive talent, great ingenuity and remarkable achievements, little 
known and long forgotten. It is a pleasing task to rescue from obscurity and to bring into 
more prominent light the efforts of our citizens in this direction. Many inventors are 
found to have been too early, as well as some too late, in the race ; so that they have performed 
their tasks upon a line so slender, in its relation to the then known wants or needs of the 
community, that recognition of their discoveries and the importance of their inventions, by 
the multitude, was not possible until future years and an advanced civilization should disclose 
their true value in industrial affairs. 

In many respects the state of Vermont has been as fruitful in the development of great 
inventions as it has been unique in other interesting phases of .\merican history. A few 
of the wonderful deeds of Vermonters are here recorded and their rightful place in the pro- 
gress of a century pointed out. 

During the century there were 600,000 inventions patented in the United States, of 
which nearly 4,000 have been granted to Vermonters, upwards of 1,000 of these being the 
first of their class. Many of them have indeed been important and controlling, even revo- 
lutionizing, departments of industry ; but in many instances important inventions were 
never patented. 

How came the inventions and improvements of the century to be made? They were 
not conceived or born in the patent office at Washington, or in any government bureau, 
much less brought forward by the order of any public official. They were of an impelling 
force, far different in its nature, strength and magnitude ; a force that had its source in that 
spirit born of freedom of thought, unfettered hands and unbounded opportunities : a force 
that has carved a nation out of the forest, and made the prairie and the desert to blossom 
as the rose ; that has preserved to us freedom, and given to the nation prosperity — indi- 
vidual responsibility and opportunity — with governmental care only so far as is necessary to 
secure this in its largest and noblest sense. 

It has not been my object to speak of inventions merely to show the number or kind, 
but to point out some of those in which citizens of Vermont were the earliest in the field. 

Thus we see, up among the fertile valleys of our little state, and among the green hills, 
where live a hardy, thrifty and self-reliant people, left to carve out their own fame and 
fortune, the ordinary citizen has grappled with the most important inventions of the age, 
has solved successfully the mechanical and industrial problems of the century, reaping, in 
many instances, a fair reward with unusual distinction, many with gratifying honors. 

Patents issued to Vermonters in the last century : 

Richard Rhobotham, Floor Composition, two patents, April 12, 1794. 

William Hodgson, Threshing Machine, April 2S, 1794. 

Toshua Hathaway, Hydraulic Machine, Oct. 29, 1794. 

Samuel Kellogg, Wool and Cloth Shearing Machine, Jan. 31, 1795. 

Lester Fling, Machine for Manufacturing Nails, Dec. 19, 1797. 

Charles Holden, Windmill, Jan. 24, 1798. 

Eliakim Spooner, Cultivator, Jan. 25, 1799. 



DAVENPORl. 



191 



AUAMS, RUFUS, Randolph, invented a 
steel spring pitchfork, about 1827. He 
kejU the secret to himself, until some of the 
men whom he employed discovered it and 
started factories in Brookfield and Hart- 
ford, whence it spread throughout the 
United States. Before his invention was 
used, the sticks were cut in the woods and 
heavy forks were made from iron by the 
blacksmith. 

BRADLEY, J. DORR, of Brattleboro, 
invented in 1852, a rotary pump, consisting 
of a piece of rubber tubing secured to the 
inside of a circular form, through which the 
water was pressed by a revolving wheel 
driving the water before it, as it was made 
to turn either by hand or power. Large 
numbers of these were made and found at 
the time a ready market. [.A biographical 
sketch and portrait of J. Dorr Bradley will 
be found in Part L page 138.] 

DAVENPORT, THOMAS, Brandon.— 
.\mong the most important inventions with 
which mankind has to do at the present 
time, is the use of electricity in its various 
phases. To Vermont belongs the credit of 
having given to the world the earliest suc- 
cessful harnessing of magnetism, or electro- 
magnetism as it was then called, or elec- 
tricity, as we now term it, through the inven- 
tions of one Thomas Davenport, a native of 
W'illiamstown. This ingenious man was by 
trade a blacksmith, and worked at his trade 
in Pirandon until 1832, when he became in- 
tensely interested in magnetism, and many 
years lived, dreamed and worked, surrounded 
by his successful demonstration of his skill 
in the development of various electrical ap- 
paratus. 

In 1B34 he made an electric motor, set- 
ting it upon the top of an earthen drinking 
cuj), which contained a battery which oper- 
ated the motor at the top. It had a horizon- 
tal revolving shaft, with the balance wheel at 
one end. He exhibited this model in New 
York to a syndicate of gentlemen who pro- 
posed to buy it. Among those whom they 
brought to examine it for the purpose of get- 
ting an opinion was Prof. S. F. B. Morse, 
who carefully examined it and then declined 
to give an opinion other than this : "It is 
certainly worthy of careful consideration, 
and the subject is one in which I feel a 
lively interest." 

Davenport also invented a tvventy-four- 
wire telegraph for the sending of communi- 
cations over long distances. This he had 
on exhibition in the city of New \'ork, and 
it was also examined by Professor Morse. It 
consisted of an apparatus for the sending of 
an electric current over each wire and an- 
other set of apparatus for receiving and re- 



cording the same at the other end. This 
twenty-four-wire telegraph of 1 )a\enport's, 
which had a wire for each letter of the 
alphabet and which was examined by Pro- 
fessor Morse furnished the basis of the latter's 
invention. 

Morse did not begin to think of a single 
wire until 1835. He had gone no farther 
than the thought of the use of magnetism 
with the wire, but when he saw the twenty- 
four-wire invention of Davenport, with the 
mechanism at one end for sending the 
electric current and the apparatus at the 
other for registering the signal, the problem 
was solved. 'What Morse did was to invent 
an alphabet enabling him to dispense with 
twenty-three of Davenport's wires and use 
the remaining one. 

Mr. Da\enport also exhibited his invention 
in 1S35 at Middlebury College, then at the 
institution at Troy, presided over by Miss 
W'illard, then at Princeton (,'ollege, and also 
in New ^'ork, Springfield and Boston. Prof. 
Joseph Henry gave him a certificate attest- 
ing the originality of his invention." His 
first patent was dated Feb. 25, 1837, and 
was for the broad use of magnetism as a pro- 
pelling force for motive power. Mr. Ells- 
worth, then at the head of the patent office, 
on the 4th of July, 1838, wrote him that his 
was the first patent issued to anyone for such 
an invention. 

In 1840 he began the publication of a 
newspaper in the city of New \ork, the print- 
ing press of which was driven by one of his 
electric motors, and in one of the editions he 
prints an editorial giving an estimate com- 
parison between the cost of steam when gen- 
erated by the use of wood, and power pro- 
duced from electricity, and showing by his 
logic a large balance in favor of electricity ; 
and then he adds, "The power of electricity 
is far superior to steam, and must and will 
triumphantly succeed," a prophecy which 
fifty years later is being fulfilled. 

Among his inventions is that of a circular 
railway, a model two and one-half feet in 
diameter having been made in 1837, and 
sold to the Troy Seminary, presided over by 
Miss Willard, and it remained in Troy until 
two years ago, when it was procured by 
Professor Pope and presented by him to the 
Society of Electrical Engineers of New York. 
In that model, there is a stand for the bat- 
tery, a circular track, a magnetic field, re- 
volving armature, a divided commutator, 
the connection of the armature by means of 
a bevel gear with the track, embodying every 
essential element of the modern electric 
road. In fact, the divided commutator is 
the only successful means that has been de- 
vised of controlling the electric current. 

The number of electrical inventions of 
this wonderful man was quite large, he ex- 



192 



FAIRBANKS. 



perimented in the making of motors for 
driving different kinds of machines, and ex- 
perimented with an electric piano, since 
then successfully developed. 

Professor Pope, who has studied the work 
of this great mind, says that, at the average 
progress which attended his labors, six more 
months of work, logically, would have led to 
the production of the phonograph. 

Mr. Davenport gave ten years of his life 
to this subject, but when Professor Page re- 
ported to the Congress of the United States 
that the cost of operating by electricity was 
vastly greater than that of steam, Davenport 
became discouraged, the want of public ap- 
preciation disheartened him, and he returned 
to Brandon in 1S42, and resumed his toil at 
the forge and anvil. He was simply a few 
years in advance of his time. 

FAIRBANKS, THADDEUS, of St. Johns- 
bury. The invention of a cast-iron plough 
in 1825 was the beginning of an inventive 
career that was singularly fertile, for the 
number and variety of inventions as well as 
their utility and influence upon trade and 
commerce. The trade in domestic hemp 
suggested greater convenience for weighing, 
a simple platform scale was constructed 
which proved so useful and accurate that its 
development into a commercial article soon 
followed. His first patent for this invention 
was taken out in 1831. The "knife edge" 
bearings which supported the platform and 
working parts, were so admirably disposed 
and the entire scale so carefully worked out, 
that the increasing trade caused the little 
mill to be speedily turned into a scale 
factory, and it in turn giving way to larger 
and more pretentious buildings, until the 
present establishment with its army of men, 
supporting a large and thriving village, is 
known wherever civilization has developed 
the need of accurate weighing machines. 
More than thirty-three patents were taken 
out upon the scale and the means of its pro- 
duction, for in the early days of this inven- 
tion exact duplication of parts was unknown 
and special machines for their rapid and 
accurate production must also be invented. 

His fertile mind led him to improve the 
cooking stove and the ice refrigerator for the 
housewife. For more than sixty years he 
led this life of enquiry, and developed along 
many lines new and useful improvements, 
and at the ripe age of ninety, having com- 
pleted an improvement in hot water heaters, 
receiving with unusual delight his last patent, 
his light went quietly out. [A biographical 
sketch and portrait of Sir Thaddeus Fair- 
banks will be found in Part H, page 129.] 

FIELD, ARTHUR, Springfield.— About 
1830 invented an improvement in hoes. 



The blade of his hoe was made of two layers 
of metal. On the inside, or top, was a thin 
layer of tempered steel, while the bottom 
consisted of a thin soft iron. The two were 
welded together. The soft iron, while it pro- 
tected the steel from breaking, was more ex- 
posed to wear, and as it wore away on the 
bottom edge, left the cutting edge thin and 
so acted as a self-sharpener. The hoes 
made by Mr. Field were lighter and had an 
improved socket for the handle. They were 
made by him as long as he lived, and were 
held in high esteem by farmers wherever 
they were used. 

FULLUM, A. J., Springfield.- Invented 
and patented about 1852, an improved pro- 
cess of manufacturing dies, for stamping 
stencil plates and similar work, by grinding 
and cutting them into shape with burrs in- 
stead of filing them out by hand, by which 
the process of manufacture was greatly 
cheapened, and the form and utility of the 
implements improved, eliminating the wedge 
shape which the hand file always gave. He 
invented in i860 a new method of stencil 
making, and in 1864 a sheep shearing 
device. 

FISK, James, Brattleboro.— About 1878 
invented a contrivance by which a horse 
could be released from the wagon and a 
brake applied to the hub of the wheel for the 
stopping of a carriage. 

GORE, John, Brattleboro.— Was the 
inventor of a steam wagon or carriage, which 
he constructed and operated about the coun- 
try. It was driven by an engine of several 
horse power, and was an object of especial 
interest. It was seen during a period of 
several years running about the country, but 
finally was dismantled and put to other uses. 

GOULD, William, Brattleboro.— Was a 
man of peculiar fertility of mind in matters 
connected with waterworks and appliances. 
In 1856 he invented improvements in fire 
engines, but probably his greatest invention 
was in a machine for making lead pipe, and 
lead pipe with tin lining. This occurred be- 
tween 1840 and 1850. The machine was 
finally sold for old iron about 1880, although 
some of the minor parts of it are now at the 
old shop. .As both of these inventions in- 
volved large interests and immense sums of 
money, it is singular that they never came 
into notoriety, but Dr. Rockwell says that 
J. Dorr Bradley took two strangers there to see 
the machine, who were in the interests of one 
of the parties of the lead or tin pipe litigation. 

HARRIS, Silas, Shaftsbury.— Was the 
first inventor and manufacturer of the modern 



193 



carpenters' square. He began by cutting 
the plates out of old saws. In i8i 7 he came 
to Shaftsbury and engaged Stephen Whipple 
to forge them from bar stock, as he had a 
trip hammer. This business had been con- 
tinued by one and another, developing until 
there were four such manufacturing estab- 
lishments in Shaftsbury, which were consoli- 
dated some time since under the name of 
the Eagle .Square Manufacturing Co., located 
at South Shaftsbury. 

FULLHR, LEVI K., Hrattleboro.— .At the 
age of sixteen Levi K. Fuller, then a tele- 
graph operator at Bellows Falls, constructed 
a steam engine, having a vahe of new and 
novel design. It was exhibited at the U'ind- 
ham county fair and received a premium. 
This invention attracted much attention and 
introduced young Fuller to the world of in- 
ventors and mechanics. 

Many of the most \aluable inventions re- 
lating to, and improvements in the con- 
struction and operating of reed organs, are 
the result of his skill and thought, and for a 
third of a century he has de\oted his efforts 
to this line of work in the interests of the 
Estey Organ Co. Not alone in this depart- 
ment have his eflbrts been crowned with suc- 
cess, but in telegraphy, steam engineering, 
car construction, and artificial ventilation, 
as well, he has originated in many other 
branches of mechanics and science, improve- 
ments and methods of value. 

The manner of drying lumber and numer- 
ous other articles by means of the system 
widely known as the "Common-sense" Dry- 
ing -Apparatus, is one of his inventions. 

It has been said that the road to the 
patent office has been more frequently trod 
by this inventor than almost any other in 
Vermont, and but few men in the country 
have a larger list of patented inventions. 
Upwards of one hundred dififerent patents 
attest the frequency with which the road to 
the patent otifice has been trodden by him. 

HEDGE, L., Windsor, was an inventor 
with rare traits of mental activity ; his mind 
grasped the delicate details of machines of 
precision with startling accuracy. His first 
inventions are dated as early as 181 5, for a 
spring pen ruler ; in 181 7, a revolving ruler ; 
in 1825, a machine for ruling paper; in 
1835, a carpenter's rule joint; followed by 
the wonderful machines for the marking of 
rules, so long employed by E. A. Stearns &: 
Co., at Brattleboro, and later consolidated 
with the Stanley Rule and Level Co., New 
Britain, Conn. The machines made sixty 
years ago have not been surpassed in accu- 
racy in the marking of carpenters' measuring 
rules. 



J.ACKMAN, ALONZO, Northfield.— 
Very soon after the successful inauguration 
of the electric telegraph, scientists every- 
where attempted to grapple with the prob- 
lem of using this means to connect conti- 
nents separated by water and thus bring the 
world into closer communication. Proba- 
bly the honor belongs to General Jackman 
of offering the first successful solution of this 
question. 

His life was spent in the quiet retreat of 
Norwich L'niversity ; he was a mathema- 
tician of rare mental endowments and with- 
out a superior ; whatever he did in this 
matter was the legitimate result of his learn- 
ing, opportunity and scientific investigation. 

In 1842 he devised the scheme and dem- 
onstrated its practicability by successful ex- 
periments ; in 1843, while lecturing at the 
Windsor .Academy, he was asked the ques- 
tion : "How is telegraphic communication 
carried on across large bodies of water?" 
He immediately answered that it was done 
by encasing the wires in India rubber. In 
1846 Amos Kendall published an article 
calling upon scientists to investigate the 
problem, whereupon Professor Jackman im- 
mediately wrote him revealing his plan a-nd 
offered the same for publication to prominent 
newspapers, who declined the same with 
thanks as being visionary and foolish. The 
Vermont Mercury, printed at Woodstock, 
however, published his article on the 14th of 
August, 1846 ; in this he proposed the use 
of a wire or wires coated with rubber and 
enclosed within a lead pipe ; in order to give 
the necessary strength he proposed to wind 
his cable with iron rings suitably connected 
with wires passing through holes in the 
bands and then he proposed to wind the 
whole with yarn to keep the strengthening 
material in place. It must be remembered 
that at this time the use of gutta percha was 
not known to the arts. 

The manner of laying the cable was as 
follows : " Now let two steamers sufficiently 
large, each having seven hundred and fifty 
tons of said pipe judiciously coiled in the 
hold, accompany each other to a point half 
way between Boston and Liverpool, then let 
an artist splice the two halves of the appar- 
atus together, wire to wire, rubber to rubber, 
and pipe to pipe. Next let one ship head 
toward Liverpool and the other toward Bos- 
ton, and each put on steam and pay out pipe 
according to the circumstances of the case." 

The wide circulation of this article through- 
out the world could not have failed to at- 
tract the attention of many readers, for it is 
precisely this plan that was adopted in 1857, 
when the British and .American men-of-war 
proceeded to mid-ocean, and, splicing the 
cable, the Agamemnon started for the Irish 
coast and the Niagara for Newfoundland, and 



194 



the dream of Jackman had been successfully 
accomplished by the commercial enterprise 
of Cyrus \\'. Field. 

HOLTON, S., Middlebury.— Invented a 
large number of intricate and interesting 
things entering into the whole question of 
the manufacture of cottons and woolens. 
He was also a jeweler and made an ivory 
watch, which is running to-day, and which 
is a great curiosity and an invention of re- 
markable ingenuity. He also invented a 
watch with the chronometer escapement. 
He also invented new devices in regard to 
clocks, and made the Garfield clock that 
was taken about the country for exhibition. 

KEYES, Asa, Brattleboro.— Invented in 
1850 the steam cutting machine for cutting 
slate used at the slate quarry at Guilford, an 
invention which at first bid fair to produce 
important results, but with the closing of the 
quarry, nothing further was done with it, al- 
though lately it is being revised and intro- 
duced in Pennsylvania. 

MOREY, Samuel, Fairlee.— in the Life 
of Robert Fulton, by Knox, it is related that 
Samuel Morey, between 1790 and 1794, 
made experiments on the Connecticut river 
by propelling boats by steam. The facts 
appear to be these : Gen. Israel Morey, of 
Hebron, Conn., moved to Orford, N. H., in 
1765, and to Fairlee, Vt., in 1772. He soon 
after obtained a charter for a ferry between 
the towns of F'airlee, Vt., and Orford, N. H., 
across the Connecticut river. He had five 
sons and two daughters. The second son, 
Capt. Samuel Morey, is without doubt en- 
titled to the credit of having invented, built 
and operated a steamboat at his father's 
ferry, between Orford and Fairlee, in 1 790 
to I 794, or more than fifteen years before 
Fulton constructed the "Clermont" on the 
Hudson river, and is the person alluded to 
in the biography of Robert Fulton. 

Rev. Cyrus Mann, of Orford, N. H., states 
that he saw a steamboat made by Morey in 
successful operation on the Connecticut river 
at Fairlee, before 1793. He also states that 
he built a larger boat that ran from Hartford 
to the city of New York in i 794, where it was 
seen by Chancellor Edward and Judge Li\- 
ingston, and many others. He also affirms 
that Morey exhibited the same to Fulton and 
that there was correspondence between him 
and Fulton. Morey built a model of his 
steamboat and took it to New York and there 
exhibited it, as he claimed to Fulton, Liv- 
ingston and others, the model of which is now 
in existence and in the possession of his 
heirs. 

The original engine in the boat which 
Morey first operated across the ferry at Fair- 



lee, he afterwards placed in a larger boat 
which he constructed, called the "Aunt Sally," 
and took to Fairlee Pond (now Lake Morey), 
and plied it there ; but being unsuccessful in 
introducing it into commercial life, he be- 
came discouraged and sunk the boat in Fair- 
lee Pond. 

Morey died in 1842 and down to the day 
of his death he claimed that he gave the idea 
to Fulton : that at one time there was a bar- 
gain between them, and that, because of its 
non-fulfillment, he felt that he was greatly 
wronged, as well as having his invention 
misappropriated. In regard to this charge 
of ^Iorey's, Prof. R. H. Thurston, in his 
Life of Fulton gives full credence to the 
claims of Morey as to the invention of 1 790 
and 1 793 at Fairlee, accepting the story of 
\Villiam .\. Morey, as published in the Provi- 
dence Journal in 1874. 

Much of the correspondence between 
Professor Silliman of New Haven and Morey, 
and also of others, successfully established 
the claims. Some of this correspondence is 
in existence today. Knox, in his life of Ful- 
ton, accepts the statement of Morey's bi- 
ographer that he probably had a boat on the 
Connecticut river at Fairlee between 1790 
and I 793, but in regard to the charge that 
he had exhibited the same to Fulton, it is 
claimed that Fulton was in France at the 
time the plans of the Clermont were made, 
and could not have known of what was tran- 
spiring in the New World with this Ver- 
monter. 

Howe, in his "Eminent Mechanics," also 
accepts the statement that Morey did mature 
and operate a stern-wheel steamboat at Fair- 
lee, in 1793. This last author assigns to 
Fulton the position, not of having been the 
original inventor nor the perfecter, but as a 
successful person, who so satisfied the law 
of the state of New York as to receive its 
prize ; and as the first to establish a regular 
line of steamboats ; and by his genius and 
perseverance so improved them as to lay a 
solid foundation for those who came after 
him. 

This places the success of Fulton entirely 
upon the commercial side of the enterprise, 
and takes him out of the category of an in- 
ventor, leaving the honor to others, which so 
far as i790-'93 is concerned, the problem 
had been completely solved and was in prac- 
tical operation upon the waters of the Con- 
necticut. 

Samuel Morey, who invented the steam- 
boat at Fairlee and Orford, was visited by 
Chancellor Livingston. The patent for this 
invention was issued to Morey and signed 
by the President, George Washington. It is 
singular in its phraseology ; it is a patent 
for the securing of power by means of steam. 
Morey, thinking if he could propel a wheel 



by steam he might do so whenever and to 
whatever it could be apjjHed. 

NICHOLS, George W., Randolph. 

— In 182-, while driving a team to Boston, 
passing through Andover, N. H., had the 
misfortune to break one of the runners of 
his sled. The next day was stormy and he 
conceived the idea of cutting off the other 
runner to the same length as the broken 
one, went into the woods and cut a short 
sled-crook, which he put in place of the 
broken runner, converted his sled into a 
traverse, and continued his journey with the 
other teams to Boston. He found on the 
way that with the wooden shoes he could 
get over the ground better than any other 
team, could turn shorter by this means, and 
could start his load when others failed, turn- 
ing out and getting back into the road with 
greater ease, and the next winter the teams 
on that route changed their sleds to the 
traverse system, setting their wagon bodies 
on them. 

This is one of the most interesting inven- 
tions affecting the farming industry, truck- 
ing interests, and a multitude of vehicles. 
It is a good illustration of the native inge- 
nuity, readiness of resource so characteristic 
of a large class of our people who possess 
the ability to overcome difficulties in an un- 
usual degree. 

PALMER, Frank M., Brattleboro.— 
Among the remarkable things that have con- 
duced to the economical conduct of busi- 
ness and furtherance of social intercourse, 
and have greatly promoted the convenience 
of mankind, is the inxention of the postage- 
stamp, emanating in Brattleboro about 1S45, 
by the postmaster at Brattleboro, Mr. Pal- 
mer, who invented and caused to be made 
the first stamp for the prepayment of post- 
age in the general conduct of postal affairs. 

Thomas Chubbuck, then of this place, a 
most skillful engraver, was the artist em- 
ployed to make the design, and engraved the 
same upon a block of wood. So valuable 
have these become that at the time of writ- 
ing this, one thousand dollars has been 
known to have been paid for a single stamp. 

PIKE, Samuel, Brattleboro.— During the 
summer of 1861, when the war of the rebell- 
ion was making such heavy demands upon 
our army, inxented a portable cannon, to be 
transported about the field by hand, which 
could also be used upon a light gun carriage, 
or upon the deck of a ship. In its best 
form it has since been worked out in the 
tripod class of small cannon, and in the 
rapid-fire form of construction now being 
introduced in the navv. 



•95 



Mr. I'ike was a gunsmith of rare talent. 
He was consulted by Samuel Colt in regard 
to the making for him of his revolver, and 
offered, for the sum of four hundred dollars, 
to construct the first revoher, agreeing to 
make it in good style, perfect in operation, 
and first-class in workmanship, one that 
should serve as a model to be copied in sub- 
sequent manufacture. Mr. Colt thought he 
could get it done cheaper, but afterwards told 
Mr. I'ike of his error in judgment. 

PORTER, Frederick, Springfield.— 

In 1820 Mr. Porter, while engaged in card- 
covering by hand, invented a machine that 
would make the holes in the leather, bend 
the wire into proper shape, cut it off and in- 
sert it into the leather, suitable for cards. 
Work upon this in\'ention was carried on 
under lock and key for many years, with the 
help sworn to secrecy. 

SMITH, D. M., Springfield, was one of 
the brightest inventors that this state has 
ever had. He was the inventor of the spring 
clothespin in common use wherever w-ashing 
is done. 

The manufacture of hooks and eyes was 
carried on at Springfield for many years by 
the D. M. Smith Co., who used the machine 
of Mr. Smith, which was a marvel of ingen- 
uity, taking the wire from the reel, bending 
it into both a hook and an eye, and some of 
the machines went so far as to make the 
swanbill hook and eye, which contained a 
fastener, so that it could not be unhooked 
excepting by a dexterous hand. The same 
machine counted them, put them upon 
cards, and boxed them ready for market, 
although that part which related to the 
putting of the hooks and eyes upon the 
cards was done by one of the workmen, 
named .^Ivin Mason. A single machine to 
do this cost §20,000. 

It is believed that Mr. Smith was the first 
inventor of the typewriter. Parts of the 
original machine are now preserved at 
Springfield. 

STEWART, P. P., Pawlet.-The inven- 
tion of the modern cooking stove by P. P. 
Stewart is an illustration of the fertility of re- 
sources of men bred amid our hills and hav- 
ing to contend with early difficulties. In 
1832, while visiting a friend, he obser\ed 
the needs of a stove in the room ; he imme- 
diately made one, and it served so well that 
an addition of an oven was suggested ; this 
he made of sheet iron, which served the 
family well for many years. He had been a 
sort of industrial missionary to the Choctaw 
tribe of Indians, and performed this work 
after he left Pawlet and prior to his founding 
of Oberlin College. He returned to Pawlet 



196 



WHEELER. 



in 1S36. Having adopted a vegetable diet, 
on account of ill-health, the cooking did not 
suit him, being burned on one side and half 
done on the other. 

This is the way he soliloquized in regard to 
it — twenty-eight years ago I had this story 
from his own lips, it has been confirmed in 
courts of law, and reproduced by his biogra- 
pher, and shows the operations of a logical 
mind while working out a problem. He was 
then struggling for a new start in life. He 
said his stove must be adapted to the wants 
of a poor man, in order to cook his food well 
and thoroughly and bake his bread on all 
sides ; a single stick of wood as large as a 
man's arm was to furnish the fire. He split 
it into three small sticks, laid them side by 
side, but spread out they would not burn ; he 
held in his hand a paper and philosophized 
thus : " If I turn up the sides of the sheet 
bringing the wood so near together that they 
touch, then they will burn, and the sides will 
throw off heat enough to heat the oven, back 
and front," so he cried Eureka and told his 
wife of his invention. He made a sheet iron 
box for an oven, and into this he suspended 
his firebox. No such thing had ever before 
been heard of and with the three sticks of 
wood he performed the work necessary for 
himself and wife, and upon the bed of coals 
already made, a single stick sufficed for 
ironing. 

Thus simply, yet under great distress was 
the modern cooking stove e\olved. 

STRONG, Frank M., Vergennes. — a 
workman in the Sampson scale works of that 
city, made a special study of weighing ma- 
chines with a view of overcoming the wear 
upon the pivots and bearings. It has been 
stated that while engaged in this study, 
holding a grapeshot in his hand, it slipped 
and rolled upon the floor, striking the wall and 
rebounding ; this suggested the novel idea 
which he afterward incorporated in the scale. 
He said, " If I could put the platform of a 
scale upon balls like that, whenever any 
weight struck it rudely, I could arrange the 
platform so as to have the surrounding frame 
receive the shock, and thereby increase the 
life of the scale." By allowing the platform 
to move readily and quickly, all the \ital 
parts of the scale are thoroughly protected. 

WARDWELL, GEORGE J., Rutland.— 
The marble quarries of Vermont were orig- 
inally worked entirely by hand, the blocks 
being cut much as they now are, except that 
they were of less thickness, a large force of 
men being employed for that purpose at 
West Rutland, where the main quarries were 
developed. 



To Mr. William ¥. Barnes of West Rut- 
land is attributed the discovery and working 
of these quarries, which was done for many 
years in a small way, even before the intro- 
duction of railroads, the marble being then 
hauled by teams to Lake Champlain to be 
shipped to more distant markets by water. 
The great expense of cutting by hand, with 
other troubles which frequently occurred, 
induced the owners of the quarries, and 
more especially Mr. George J. \\'ardwell, to 
invent a machine to do the work of channel- 
ling, which machine is still extant and in use, 
and which has proved very valuable in in- 
creasing the output of marble as well as in 
reducing the cost of its production, one ma- 
chine doing the work of many men. 

In these machines the drills are combined 
in gangs consisting of several drills operated 
by machinery, cutting channels to a greater 
depth and much faster than was possible by 
the old process. The same power that op- 
erates the drills also propels the machine 
along the channels as they are cut. 

These machines have, since their introduc- 
tion and use at West Rutland in the quarries 
there, been extensively used in other marble 
quarries of the state, and are now in use in 
many sections of the country in quarrying 
other varieties of stone. [A biographical 
sketch and portrait of Mr. Wardwell will be 
found in Part II, page 419.] 

WHEELER, Franklin, Brattleboro.— 
Mr. ^Vheeler came to Brattleboro about 
1820 to work for Hezekiah Salisbury, mak- 
ing window springs. One Sunday while 
wandering in the woods of West Brattleboro 
he stumbled and fell, hurting his crippled 
leg so that he thought best to rest before get- 
ting up. \N'hile lying on the ground, he 
noticed some of the stones under him 
covered with moss ; by his stumbling and 
fall he had knocked off some of this moss, 
and he noticed shining yellow spots upon 
the stones ; he dug out a quantity of the 
shining metal with his knife, resolving to try 
it in a crucible to see what it was. He shut 
himself up in the shop, melted the ore in a 
crucible, and it came out pure, shining, yel- 
low metal. ^Vith some of it he plated the 
heads of the window springs and showed 
them to his uncle Salisbury, who said it was 
gold ; it was sent to Boston and there pro- 
nounced gold. It is not known of any 
earlier gold plating having been done in 
Vermont. 

While Wheeler was making window springs 
at Brattleboro he invented a breech-loading, 
six-shooting, revolving pistol, in 1S21, which 
was perfect in all its parts and for many 
years was in constant use. This antedates 
Colt by about fourteen years. 



QUEER CHARACTERS. 

BV HIRAM A. HUSE. 

There is hardly a town in N'ermont that has not its tradition of one or more queer 
specimens of hmnanity who left a name of curious fame among those who dwelt near his 
local habitation. These people — odd in different ways and in all degrees — whose name is 
legion cannot be individually described unless one should take up the writing of many 
books of which there is no end. 

Moreover, they run all the way from the class whose eccentricities are tacked to strong 
and forceful natures and form but little part of the real man, to the one that includes those 
whose oddities are about all there is to them. 

Within these wide limits we find many nationalities represented and more than one 
race. Joe and Molly — the Indians w-hose memory is perpetuated by the ponds that bear 
their name — perhaps would rightly head the list — not in degree of strange conduct but in 
order of time ; and many a man whose name rightfully appears in far other kinds of record 
would in certain phases belong in the long list. 

The strong man it is said sooner or later always finds a stronger man than he, and the 
one who has killed his sixty-eight bears can if he seeks find another who has killed one hun- 
dred and twenty-three. And no doubt a large contingent of the noble army of native odd 
men could be recruited from the hunters and fishermen who ha\e lived as well as from those 
who now live in the state. 

Each profession has its contribution ; business, the trades, the farms — all give numbers 
to the ranks of those who are called "odd." 

One who is interested in this phase of human life will find his taste gratified by many 
true "brief mentions" in Hemenway's Gazetteer, and, as Blackstone has it, not to speak 
ridiculously, even in the proceedings of the Vermont Bar Association, where are recorded 
divers and sundry doings and sayings of odd sticks in the profession, as well as those of the 
wise and learned. 

But, after all, the best written history in this line is not dressed up as history at all, but 
comes to us in the guise of fiction. The " Yankee " is pretty much alike in the six states of 
his nativity and with more or less degree of fidelity has been painted in many a novel and 
story. Of the authors who have done this work, D. P. Thompson was a pioneer, and his 
Yankee was the Vermont Yankee. Thompson did not go into analysis of mode of thought 
or attempt photographic accuracy in giving the dialect, but his Vermont Yankees will never 
be turned out of doors by one who knows the genuine article. At this day Rowland Rob- 
inson is introducing to a wide reading public types of the queer folks in Vermont — up to 
date. Nothing better — closer to the fact — has e\er been done in book-making than his 
Vermont Yankee and French Canadian in " Uncle ' Lisha's ' Shop," and in " Sam Lovell's 
Camps" — from the opening chorus of the former, the deestric' school meetin' to the end of 
the books. ^Vhen Thomas W. Wood paints a Yankee, the real Yankee looks at you from the 
canvas — you have seen him, you know him ; when Robinson paints in words what \\'ood 
does in colors, you see and hear Uncle 'Lisha and Sam and all the others who have lived 
and moved and had their being under other names right here in Vermont. So that one 
who wants to know Vermont types can do no better than read Thompson for the old and 
Robinson for the later — if a man has read them once he will read them again and if any 
Vermonter hasn't read both of them it is high time that he did. The odd characters have 



their fair representation in these books — their types there given are well worth study and 
life is too short for writer or reader to deal with the host of oddities who have made \er- 
niont their home. 

If one were to begin, say with Heman W. \\". Miller, where would he end? Miller, who 
was a quondam t/i/asi lawyer, school teacher, orator, what not, with a big voice and flow of 
words to keep it going — early abolitionist, with genuine belief in the cause and zeal, he it 
was who, after the killing of Lovejoy by the pro-slavery mob in Alton, said in an anti- 
slavery speech up in Orleans county : "Fellow-citizens, future ages will erect to him a 
monument which shall have for its base eternal space, and from whose top you can behold 
the throne of Almighty God." 

There is, however, a quartette of natives of this slate that ought to be mentioned bv 
name and have some brief account of them here given. Had they spent their lives in \'er- 
mont those of us who remain within her borders would be modestly reticent about them, 
but it would be hardly just to the Sons of Vermont not to lift the bushel for a moment and 
give a glimpse of these four shining lights. 



JOSEPH Smith.— When Dr. Denison of 
Royalton was called one winter night near 
ninety years ago to attend Mrs. Joseph 
Smith, it never entered his head that he 
was to aid in the advent of a prophet, and 
it is not at all probable that the good doctor 
would have admitted, had he lived to this 
day, the prophetic character of the child 
born that night of his patient. But thous- 
ands in other lands as well as this have done 
so, and the Mormon Church and communi- 
ties bear witness to the power exerted by the 
strange man, who came to be known as the 
Mormon Prophet. And however much this 
man Smith's "revelation" as to spiritual 
wives may have paved the way, it should be 
remembered that polygamy was established 
under the domination of Brigham Young, 
whose authority and doctrine were disputed 
by the surviving members of Smith's family. 

Joseph Smith, son of Joseph and Lucy 
(Mack) Smith was born in Sharon, Dec. 23, 
1805. The family was poor, but it is said 
that the mother, Lucy, was a woman of 
some peculiarities, and had herself a sort of 
"prophetic soul" as to some great things her 
sons were to do in the world. When Joseph 
was ten his parents moved to Palmyra, N. 
v., and four years later to Manchester, N. 
v., near Palmyra. In 1820, a year when 
four of his father's family joined the Presby- 
terian church, Joseph took to the woods to 
pray and claimed to have there had a vision, 
the telling of which excited only ridicule. 

Smith obtained the plates soon after at- 
taining his majority, and told his later 
visions, which were treated with the same 
ridicule that greeted the story of his vision 
in the woods. He thereupon went to where 
the family of his wife lived in Pennsylvania, 
and began copying the characters that were 
on the plates. These characters, bv the 
way, are said to have been a " composite " 



made from several alphabetical forms. Smith 
claimed that he was enabled to understand 
them by the aid of a pair of magic spec- 
tacles, to which he gave the name of " L'rim 
and Thummim." He dictated his transla- 
tion from behind a curtain, the first of it to 
one Martin Harris, and the rest to one Mar- 
tin Cowdery. May 15, 1829, Smith again 
went into the woods, this time taking Cow- 
dery with him, and there they professed to 
have been in receipt of an address from 
John the Baptist, and that he conferred the 
priesthood of Aaron and the spirit of pro- 
phecy upon Smith. 

He claimed to have had another \ision 
Sept. 23, 1S23, and that at this time the 
angel Maroni or Moroni (the orthography 
of the family name of this angel is a little 
uncertain) visited him and told him of a 
book written on golden plates that contained 
the history of former inhabitants and "the 
fulness of the everlasting gospel." The an- 
gel also told him where these plates were de- 
posited, and Joseph went to the place de- 
scribed and saw the plates, but was not able 
to take them away, afterward learning from 
the angel that his inability to remo\e them 
arose from the fact that he prized the plates 
more than what was inscribed thereon, and 
that he could not hope to get into possession 
of them until he was willing to devote him- 
self to their translation. 

In 1S30 the Book of Mormon (the trans- 
lation, by aid of the magic spectacles, of the 
matter on the plates of gold) was published 
at Palmyra by Egbert B. Grandin. It is 
said that its basis was a story written by one 
Solomon Spaulding, entitled "The Manu- 
script Found." On the 6th of .^pril, 1830, 
the Mormon Church was organized by 
"saints "at the house of Peter Whitmer in 
Fayette, N. Y., and on the next Sunday at 
U'hitmer's house Oliver Cowdery preached 



199 



the first sermon and several were baptized. 
In June, t<S3o, the church held its first con- 
ference, and had a membership of about 
thirty persons. Smith at this gathering 
claimed supernatural power, and his first 
" miracle " was casting the devil out of 
Newell Knight of Colesville, N. V. The 
" Prophet " at this time, with his Book of 
Mormon promulgated, and, church started, 
was only twenty-four years old and soon did 
a good business, for a young fellow with his 
opportunities, in drawing people to his new 
doctrines. 

The " Holy Rollers," who infested Hard- 
wick and vicinity more than half a century 
ago, and were preached against by Rev. 
Chester Wright, were not more zealous in 
season and out of season than Smith and his 
lieutenants, and had none of the executive 
ability and constructive skill of the latter. 
His following increased, and he announced 
that Kirkland, Ohio, was the promised land, 
and early in 1831 the new "church" settled 
there and at once sent out missionaries. 
That summer Missouri also was announced 
as promised land, and Smith located a Z ion, 
as lie called it, out there, afterwards return- 
ing to Kirkland, and getting tarred and 
feathered at Hiram, Ohio. His partner in 
this affliction was Sidney Rigdon, a Pennsyl- 
vanian a dozen or more years older than 
Smith, who tried to succeed Smith after the 
Litter's death, but was outgeneraled by Brig- 
ham Young, and who, notwithstanding, ad- 
hered to the Mormon faith till his death in 
Friendship, N. Y., in 1876. 

The Mormons adopted May 3, 1834, the 
name of "The Church of Jesus Christ of Lat- 
ter Day Saints," in February, 1835, organ- 
ized their twelve Apostles, and dedicated 
the first Mormon temple March 27, 1836, at 
Kirkland. A couple of years later there 
were disagreements and the prophet was 
accused of having stirred up some of his fol- 
lowers to take the life of Grandison Newell, 
who opposed him ; on this charge he was ar- 
rested but was discharged. In 1838 he got 
away from Kirkland and went to F"ar West, 
Mo., where for a year conflicts raged between 
his followers and hostile missionaries. The 
militia were called out. Smith lodged in jail 
and indicted for all manner of crimes. He 
escaped from jail and in .April, 1839, with 
most of his fleeing brethren, settled in Illi- 
nois and founded the city of Nauvoo. In 
1840 he obtained a charter for this city of 
Saints — soon organized the Nauvoo Legion, 
a military body of 1,500 men, erected and 
dedicated a new temple and extended his 
missionary work by sending preachers across 
the ocean. 

In 1842, he was at the height of his power, 
but the next year his "revelation" to take 
spiritual wives made a break in the church. 



and was the cause of his death. All through 
his career his enemies had made life mis- 
erable for him, if being arrested forty or 
fifty times was enough to do it ; and now 
two Mormons, Foster and Law, angered by 
his new revelation and its effect on their 
domestic affairs, founded a newspaper to at- 
tack him. 'I'he first number of their paper 
had the affidavits of a number of women 
who charged Smith and Rigdon with im- 
moral conduct. The prophet appears to 
have been a prohibitionist in his way, for he 
had the council adjudge the pajier a nui- 
sance and order it abated, and his friends 
attacked the office, smashed the press and 
burned the paper and furniture. 

Foster and Law escaped to Carthage, made 
complaint on which warrants were issued 
for the arrest of Smith and a score of his 
followers ; the officer who went to serve the 
warrants was driven out of Nauvoo by the 
city marshal. The militia were called out 
and the Mormons ga\'e up the arms they 
held belonging to the state. 

Joseph and his brother Hyrum were ar- 
rested for treason and taken to Carthage 
where the Governor of Illinois visited them 
in jail and promised to protect them from 
the mob. He did place a guard at the jail, 
but June 27, 1844, a mob consisting of more 
than a hundred disguised men attacked it, 
rushed in, and at their first volley killed 
Hyrum. Joseph next fell dead, pierced by 
four bullets. So closed, at the age of thirty- 
eight, the life of this remarkable specimen of 
human kind. Whether he was an enthusiast 
partially self-deceived or whether he was 
a conscious fraud each can determine for 
himself. 

His wife refused to acknowledge the lead- 
ership of Brigham Young as her husband's 
successor and remained at Nauvoo when the 
exodus of the Mormons under Young took 
them to Utah. His son, Joseph, who was 
born at Kirkland Nov. 6, 1832, remained 
with his mother and after attaining manhood 
formed the "re-organized" Mormon Church, 
which professedly in accordance with the 
teaching of "the prophet" and the Book of 
Mormon is antagonistic to polygamy. 

Brigham Young.— The man who suc- 
ceeded Smith as prophet and leader was also 
a native of Yermont. Brigham Young was 
born in Whitingham, June 1, 1801, and when 
he was three years old his folks mo\ed to 
Sherburne, N. Y., and there Brigham re- 
mained till sixteen, his educational advan- 
tages consisting in attendance on school to 
average one day a year. He then went to 
work in Mendon, N. Y., and was there a 
carpenter and joiner, painter and glazier. 

Young came to know of the Book of Mor- 
mon the year of its publication, and in 183 1 



he was converted to its doctrines under the 
preaching of Samuel H. Smith, one of the 
modern Joseph's brethren. April 14, 1832, 
he was baptized, and in the fall of that year 
went to Kirkland, where he became a fast 
friend of Smith, was soon ordained an elder, 
and, Feb. 14, 1835, was chosen one of the 
twelve Mormon Apostles. Till the dedica- 
tion of the Kirkland temple in 1836 Young 
occupied himself in its building, for which 
his trade fitted him, and in the study of 
Hebrew. The year after the dedication, 
when David Whitmer tried to supplant Smith, 
Young was very active and successful in 
keeping the Mormons faithful to Smith. 

He went to Far West, Mo., in 1837, but 
got into trouble with Governor Boggs of that 
state, who ordered him to leave, upon which 
Young went into Illinois. In 1839 Young 
and Kimball went to England to spread the 
new faith and remained there two years. On 
his return he was- one of the founders of 
Nauvoo. 

When Joseph and Hyrum Smith were shot 
in 1844 Young was in New Hampshire, but 
at once set out for Nauvoo, and in .\ugust 
defeated Rigdon for the leadership of the 
church. The body of believers in the fall 
were eager to leave Nauvoo, and Illinois 
soon took its charter away and the Mormons 
were assailed with great enmity. Many were 
plundered and had their houses burned ; 
some were whipped and some killed. 

Young proclaimed his intention to have 
them find a home in the wilderness and to 
start to seek it in 1846. In February and 
March, 1846, they started, and their proces- 
sion of several hundred wagons went west- 
ward. In June they were called on to fur- 
nish 500 men for the Mexican war, and 
Young had the Mormon battalion filled in 
three days. From July to April, 1847, they 
remained with the Pottawattamie Indians 
who gave them kind treatment. April 7, 
Young and 142 followers went as an advance 
guard to select a suitable place for the new 
city of the Saints, and July 24, 1847, he en- 
tered Salt Lake valley, choosing this as the 
place for their future home ; he returned in 
the fall to the main body. He had been 
chosen to succeed Smith as prophet, and 
was now, selected as president by the twelve 
apostles. 

May 26, 1848, Young with his family and 
two thousand Mormons started across the 
plains and reached Salt Lake City, Sept. 20, 
1848. A provisional government for the new 
state of Deseret was organized and Young 
elected its Governor in 1849. The territory 
of LJtah was established by the national gov- 
ernment. Young was appointed by the 
President its Governor and took the oath of 
office Feb. 3, 185 1. Thus these strange 
people found a place to grow undisturbed, 



and the government machinery was in the 
hands of their ablest man. . 

August 29, 1852, Young openly announced t 
polygamy as to be a part of the doctrine and ' 
practice of the church. Isolated as his peo- 
ple were and powerful as they were be- 
coming, he threw away all disguise in this 
matter, and claimed that his action was based 
on a revelation to Smith before his tragic 
death. But in Smith's behalf it may be urged 
that the Book of Mormon forbids polygamy 
and Smith's wife and his four children stren- 
uously denied ever having heard of any such 
revelation. 

The extraordinary character of these events 
has not escaped the notice of writers of 
drama and fiction, as well as moralists and 
legislators. Bayard Taylor felt moved to 
dramatize some of their features, and A. 
Conan Doyle has Young as one of his charac- 
ters in "A Study in Scarlet." Doyle puts a 
sentence into the mouth of one of his Mor- 
mons that shows well the blind faith in 
which they obeyed this unique and powerful 
personality : " Brigham Young has said it, 
and he has spoken with the voice of Joseph 
Smith, which is the voice of God." 

The doings of the Danites, or Avengers of 
Blood, the troubles that led to the military 
expedition of thirty odd years ago, the efforts 
of Young to strengthen and of moralists to 
weaken his pet twin relic — all these belong 
to history rather than to a brief biographical 
notice. At any rate, Vermonters have the 
satisfaction of knowing that it is " the Ed- 
munds law " that of late has done much to 
do away with the evils of polygamy. 

Brigham Young died at Salt Lake City, 
August 29, 1877. He had seventeen wives 
and left forty-four children living. 

Heber Chase Kimball.— This man was 

in 1847, when Young was elected president 
by the twelve apostles, chosen as one of the 
two counsellors to act with Young. Kimball 
was born in Sheldon, June 14, 1801. Some 
ha\e said that Kimball was from the vicinity 
of Strafford as well as that Smith's people at 
one time lived in Tunbridge, but the ac- 
cepted authorities relieve Orange county 
from responsibility for these two men. 
Heber had a common school education and 
as he grew up worked in his father's black- 
smith shop in West Bloomfield, N. Y. He 
then learned the potter's trade and worked 
ten years in Mendon, N. Y. April 15, 1832, 
he was baptized and thenceforward was a 
zealous Mormon, becoming one of the twelve 
apostles in 1835. 

He was in 1838 taken prisoner by the 
militia and released. The next year he went 
with Young on a missionary tour to Eng- 
land, where they spent two years. Kimball 
was of those who left Nauvoo in February, 



1846, and one of the pioneers wlio first en- establishment of tlie widely celebrated 

camped at Salt Lake City in July, 1847. He Oneida Community. For some years the 

died tiiere, June 22, iSOS. community was apparently successful with 

its "Unity House" and farming and manu- 

JOHN Humphrey NOYES.— Altogether facturing enterprises that represented half a 

a different type of man from any of the trio million dollars in value, 

noteil above, |ohn H. Noyes established a 'J'he public would not have concerned 

community thai was for a time a close second itself about his affairs as long as they exem- 

to the Mormons in notoriety. He was born plified a community of property only, but 

in Hrattleboro, Sept. 6, 181 1, graduated at the complex marriage system savored too 

Dartmouth College in 1830, studied law for '""'^h of a community of person and the 

a time, then pursued a theological course at Oneida concern had to abandon its complex 

.\ndo\er and Vale seminaries and was marriage business, and thereupon it soon 

licensed to preached in 1833. The next '^^"^ out of business generally and taded 

year he experienced a new conversion and fom the knowledge of men. It had in ,874 

; , , r -ii, II u J two hundred and thirty-nve members and a 

began to ijreach a new laith. He had some 1 • 1 1 1 ^ , ,,. ,i- <• , ^. , , 

, " ' , , , , , , kindred plant at VVallinsford, Conn., hafl 

theory ot a dual body and complex mar- f^^^^, members 

riage, and ran a small community for some ^oyes died' at Niagara Falls, Canada, 

years before making what was his most April 13, i860. The public condemned his 

famous \ enture. The thing by which he be- institution and its results, but allowed him 

came known all over the country was the credit for good motives. 

Since the foregoing was written a new theory as to the origin of Mormonism has been 
told me. It will be remembered that Gen. John W. Phelps was not only a radical anti- 
slavery man, but a zealous anti-Mason. Years before he got into trouble with Secretary 
Stanton, because of his haste to kill slavery during the rebellion, he had been stationed at 
Salt Lake City. A Brattleboro neighbor, talking about his experience there, asked him what 
he thought of Mormonism, and the general replied : "The whole miseraijle thing had its 
rise in Masonry." They used to lay many things to Van Buren — in respect of which Parson 
Tilton Eastman once said, when asked whether he was going to plant his potatoes in the 
new, full, or old moon, " I think FU plant 'em when I get ready, and if I don't get a good 
crop I'll lay it to Van Buren." 

Van Buren is gone, and " The Total Depravity of Inanimate Things" cannot explain 
everything, and a table of errata is an abomination. I acknowledge the irrepressible tend- 
ency of the comma to insert itself where it never was written, and contemplate with 
ecjuanimity its unexpected appearance in all sorts of places, as where, on page 197, already 
printed and beyond recall, it implies that Blackstone said something about the Vermont Bar 
Association or some of its proceedings, or wherever it does a/ta enormia. But when in the 
account of Joseph Smith, on page 198, the fourth paragraph is made to precede the third, 
I do wish the reader, kind or otherwise, may discover the transposition or lay the present 
arrangement of the plates to Van Buren or some other deceased person — or even to the 
Masons, which will let me out of all but a proportionate share of blame. 

L'ntil "hostile missionaries" appeared suddenly, as from ambush, on page 199, the 
interconvertibility of Missourians and missionaries was wholly unsuspected. 

It would take more than all this to worry any of the queer characters, but what may be 
permitted in a lively theme may not in one severe. So any one whose eye this may catch 
is asked to note that the sketch of Judge Beardsley on page 184 should follow that of Judge 
Peck on page 185, and that the names of the first and sixth assistant judges on pages 188 
and 189 should be Russell S. Taft and Laforrest H. Thompson. 

Judge Beardsley's name is left out of the list of Judges at the head of the article on 
them, as is that of Senator Proctor from the list of Senators heading sketches of them. 
'I'hat is all well enough, as far as it goes, for it would have been ridiculous to attempt to put 
up the Senator in nonpariel — and in fact nonpareil and the users of it ought to be abated as 
nuisances anyway. 

Outside of matters that go to the form only and not to the substance there must be in 
any book purporting to give facts about many persons, errors of substance unless there be 
revision upon revision and verification upon verification. Take, to illustrate, the case of 
I'^than Allen — there are, considering time and place, four differing statements as to his 
birth. i\Ir. Da\en])ort gives the date as Jan. 10, 1737. Were I giving it I would follow 
Allen's statement in his own hand-wTiting in a presentation copy to his second wife of his 
Oracles of Reason, which is that he was born Jan. 21, 1739. The difference as to the day 
of the month is because of the use in one case of old style and in the other of new style. 
But style cannot explain the two years' difference ; and I am not sure Mr. I )avenport's 
statement is wrong or that mine would be right. 



PART II. 



I 



BIOGRAPHIES OF VERMONTERS. 



A. D. 1892-93. 



ADAMS, Bailey F., of Randolph, son 
of Luther and Lydia (Reed) Adams, was born 
in Brookfield, April 11, 1825. 

He received his education in the common 
schools of Brookfield and W'illiamstovvn and 
at Newbury Academy. 

His grandfather, Samuel Adams, was a rela- 
ti\e and namesake of the famous Massachu- 
setts patriot and served seven years in the 
Continental army. His maternal grandfather, 
Jonathan Reed, was also a Revolutionary sol- 
dier and carried on his breast a scar from a 
British bayonet. 



jttM^^ 




BAILEY F. ADAMS. 



Mr. .-Vdams remained on his father's farm 
at Brookfield and Williamstown until 1851, 
when he moved to the farm where he now 
resides, devoting his attention to dairy pro- 
ducts and horse breeding, and owning a fine 
herd of Jerseys. 

Mr. Adams is a Republican in politics ; 
was selectman for five consecutive years from 



1862, and with his associates during that 
period paid out of the town treasury over 
S6o,ooo to the soldiers, together with the 
money compensation offered by the govern- 
ment to selectmen for recruiting services. 
Mr. Adams has been town auditor for seven- 
teen consecutive years ; lister, fourteen years ; 
has represented his town repeatedly at county 
and state conventions ; was member for Ran- 
dolph in the Legislature of 1874; elected 
assistant judge of Orange county court 
i888-'90 ; has been one of the trustees of the 
Normal School at Randolph since its estab- 
lishment and also the trustee of' its endow- 
ment fund. 

He was married May i, 1855, to Lucinda 
S., daughter of Rev. Andes T. and Lydia 
( Lincoln) Bullard. Of this union four chil- 
dren were born : Jairus B., Clinton A., Al- 
bert C. (deceased), and Julius L. (deceased). 

ADAMS, Edward Payson, of Swan- 

ton, son of Lemuel and Sally (Smalley). Adams, 
was born in Sheldon, March 16, 1843. 

His early education was obtained at the 
district school and a course of study at Barre 
.Academy. 

Till he arri\ed at the age of thirty-nine, 
Mr. .Adams remained upon the farm in Shel- 
don which had been in the possession of both 
his father and grandfather. In 1881 he 
changed his place of residence and removed 
to Swanton, where he became a heavy dealer 
in butter. For the last twenty-five years he 
has been engaged in this occupation. 

\\'hen the Swanton Suspender Co. was or- 
ganized in 1885, he was chosen its president, 
discharging the duties of that office with gen- 
eral acceptability. During his business ca- 
reer he has traveled extensively in the United 
States. 

Mr. .Adams espoused, Sept. 7, 1868, Helen 
.A., daughter of Noah and Abigail (Yale) 
Best of Highgate. Four children are the 
issue of this marriage : Mary A., Helen B., 
Lemuel P., and John. 

While residing in Sheldon, Mr. .Adams 
took a leading part in the affairs of the 
town, and was the incumbent of many local 
offices. 



He was elected county commissioner four 
successi\e terms and was appointed railroad 
commissioner during the administration of 
Governor Peck. Upon the incorporation of 
Swanton Milage in 1882 he was elected its 
president, continuing in ofifice two vears. 
He has been vice-president of the Swanton 




he worked with his father on the farm and at 
the trade of boot and shoe-making during 
his minority, enjoying only such opportuni- 
ties for an education as were supplied by the 
imperfect public school of that time and 
place. 

Soon after attaining his majority he mar- 
ried and setded in Fair Haven, where he 
established and carried on for nearly twenty 
years a large manufactory of ladies' shoes for 
the wholesale trade. His goods had a wide 
reputation, and were much sought for over a 
large extent of the countrv. 

He sold out in 1843 'in^l remoxed to Ra- 
cine, ^^'is., but returning to Fair Haven, he 
began, in the spring of 1845, in conjunction 
with Alonson Allen and William C. Kittredge, 
the building of a mill and the sawing of Rut- 
land marble, in Fair Haven. For a number 
of years he had the principal charge and 
management of the business and continued 
his connection with it more or less acti\ ely 
during the rest of his life. He is jiroperly 
considered one of the pioneers of the great 
marble industry of the state. 

He was always public-spirited and enter- 
prising, leading in works of public impro\e- 



National Bank, and in 1890 was honored by 
an election to the upper branch of the Legis- 
lature in which he served with great efficiency. 

He united with the Congregational church 
in 1864, and for sixteen years performed the 
duties of Sunday-school superintendent. He 
has long been a Free Mason and w^hen Mis- 
sisquoi Lodge Xo. 38, L O. O. F. was organ- 
ized he was unanimously elected its first 
Noble Grand. In this organization he at 
present holds the position of grand treas- 
urer of the Grand Lodge of Vermont. 

Mr. .Adams, from his genial disposition 
and unaffected manner, is very popular in his 
section of the state, while his wide experience 
of men and affairs renders him both an enter- 
taining companion and sage counselor. 

AD.-\MS, Joseph, late of Fair Haven, 
the youngest of the seven children of John 
and Mary Ann (Morrison) Adams, was born 
in Londonderry (now Derry), N. H., Feb. i, 
1802. Of pure Scotch parentage, he re- 
tained in a marked degree the characteristics 
of his nationality. 

Having removed with his parents in the 
autumn of i8c6 to East Whitehall, N. Y., 





ment and pnilanthropy. He was^ a trial 
justice of the peace for many years ; was 
president of the Washingtonian Temperance 
Society organized in Fair Haven in 1841 : 
was chairman of the Park Association in 1 855- 
'56, and contributed largely to the establish- 



nient of the park. He was one of the huilding 
committee of the original school and town 
house. He assisted in raising the bounties 
for soldiers during the war. He frequently 
advocated the introduction of public water 
works. He was the original mover in the 
establishment of the First National IJank ; 
was one of the first and largest stockholders, 
one of the first board of directors, and be- 
came its presitlent in 1873, holding the office 
until his death. 

He represented the town in the Legisla- 
tures of i854-'5S, and was an active member. 

He was fearless and indejsendent in poli- 
tics and religion. He early espoused the 
cause of the slave, and was one of the first 
subscribers and readers of the National Kra, 
an anti-sla\ery journal edited by John G. 
^Vhittier at Washington in i846-'48, when 
slaves were bought and sold at public auc- 
tion in the capital of the nation. Though 
lacking early educational advantages, he was 
not an uneducated man. With an active 
mind, and a genius for philosophy and me- 
chanics, he made himself acquainted with 
letters and knew what was in many of the 
best books ; was well informed in history, in 
constitutional and international law, in poli- 
tics, theology, mechanics and science. Of 
his own thought he reached conclusions sus- 
tained by later scholarship and criticism. 

He was a lover and judge of music and no 
unapt performer on the violin. 

Writing at the time of his death, Feb. 26, 
1878, a friend said of him : "For more than 
half a century he has been closely identified 
with the business interests of Fair Haven 
and has been one of its most respected citi- 
zens. In all the relations of life he was re- 
garded as a strictly honest man. In business 
he was remarkable for his energy and tenac- 
itv of puri-wse, working out success where 
most men would have given up in despair. 
In religion he was liberal, in politics a 
Republican, and he was always a warm 
friend of temperance in all things. Although 
economical in his style of living, he was ever 
a friend of the poor — generous and kind- 
hearted. The people of Fair Haven will 
long have occasion to cherish the memory 
of Mr. Adams as a citizen thoroughly identi- 
fied with the interests of the town and vil- 
lage, warmly favoring all practical public 
improvements, advocating good schools and 
all moral reforms." 

Mr. Adams was married Nov. 6, 1823, to 
Stella Miller, daughter of Capt. William Mil- 
ler of Hampton, N. Y., and sister of Rev. 
William Miller. Of this union were eight 
children, only two of whom lived to mature 
age : Andrew N. (see below), and Helen M., 
who married Dadd B. Colton in 1852. 



AUAMS, ANDRKW N., of Fair Haven, 
son of Josejih and Stella (Miller) .\dams, was 
born in I'"air Haven, Jan. 6, 1830. 

His great-great-grandfather, James .\dams, 
came from Ulster, north of Ireland, to .Amer- 
ica in 1 72 1, and settled in Londonderry, N.H. 

Mr. Adams • prepared for college at the 
Oreen Mountain Institute, South Woodstock, 
in iS47-'48; spent two years in the Mead- 
\ ille Theological School, Meadville, Pa. ; en- 
tered the divinity school department of Har- 
\ard Uni\ersity, Cambridge, Mass., in 1852, 
and graduating in 1S55 was ordained to the 
ministry and settled as pastor of the First 
Parish Church, Needham, Mass. ; resigned 
and removed to Franklin, Mass., in the fall of 
1857, serving as pastor of the newly organ- 




ANOREW N. 



ized First L'niversalist Church in that place 
till the summer of i860, when he resigned 
and returned to Vermont. 

Retiring from the ministry he engaged in 
mercantile business in Fair Haven in the 
spring of 1861, and has retained his connec- 
tion with the same, in association with others 
since 1S69, till the present time. 

In company with his father Mr. .Adams 
engaged in manufacturing marble for the 
wholesale trade in 1869, and, with some 
changes, continues to hold connection with 
the business at Belden Falls. 

He has a large farm near the village to 
which he gives personal supervision ; is a di- 
rector in the First National Bank of Fair Ha- 
ven ; has been justice of the jseace ; treasurer 



ALEXANDER. 



of the town and \ illage ; was instrumental in 
establisliing and organizing the graded school 
of Fair Haven in 1874 ; has been many years 
a member of the school board ; principal di- 
rector and manager in the organization and 
conduct of the Fair Ha^•en Public Library ; a 
contributing member and officer of the Rut- 
land County Historical Society from the be- 
ginning ; trustee of the State Normal School 
at Castleton since 1869, and president of the 
board since 1882 ; was chairman of the Rut- 
land County Board of Education during its 
existence in i889-'9o, arranging the contracts 
for the purchase and sale of text books 
through the county. Mr. Adams prepared 
and published the history of the town of Fair 
Haven in 1870, is the author of numerous 
essays and addresses which have been pub- 
lished, and has now in course of preparation 
an extensive genealogy of the Adams family. 

He has been active in politics as Aboli- 
tionist, Free Soiler and Republican, repre- 
senting F'air Haven in the Legislature of 1S84, 
and his county as senator in 1888. 

Mr. .'\dams married in Orwell, Aug. i, 
1855, Angle, daughter of Erastusand Marga- 
ret(Hibbard) Phelps, of Orwell, and has four 
daughters: Alice A. (Mrs. Horace B. Ellis 
of Castleton), Ada M. (Mrs. John T. Powell 
of Fair Haven, died ^Lay 21, 1893 ), Annie E. 
(Mrs. George B. Jermyn of Scranton, Pa.), 
and Stella Miller. 

ALBEE, JOHN Mead, of (Jallups Mills, 
son of John 0. and Sarah S. (Blake) Albee, 
was born Jan. 14, 1S54, in Derby. 



He was eilucated in the public schools of 
Holland and Island Pond, and engaged in 
business as a lumber manufacturer at the 
latter place and at Whitefield, N. H., tmtil 
1882, when he moved to Granby, and was 
employed by the firm of Buck & ^^"ilcox. 
His business capacity soon brought him pro- 
motion, and for several years past he has 
filled the position of foreman of the exten- 
sive works of C. H. Stevens and the North- 
ern Lumber Co. 

Mr. .Mbee is a member of the Independ- 
ent Order of Odd Fellows. Politically he 
has been a worker in the ranks of the Re- 
publican party. He has been selectman and 
represented the town of Granby in the Leg- 
islature of 1888. 

Mr. Albee was married Oct. 31, 1876, to 
Alivia, daughter of John and Nancy Web- 
ster. Their children are ; .\ustin G., Bertha 
M., and Myra G. 

ALEXANDER, JOHN P., of Saxtons 
River, son of Willard H. and Eunice (Scott) 
Alexander, was born Feb. 21, 1838, in Ches- 
terfield, N. H. 




W. 



JOHN MEAD ALBEE. 



JOHN F. ALEXANDER. 

After jiassing the common schools of his 
nati\e town, he entered the high school at 
Brattleboro. 

In 1853, as an apprentice, he entered the 
employ of Gates & White, cabinet makers, 
Brattleboro, and remained with the firm three 
years. Removing to Bellows Falls in 1856 
he served in the dry goods store of Gray & 



Perrv. l-"iiuling the business congenial lie 
bought Mr. I'erry's interest in it, conducted 
suicessfiilly his department, and at the end of 
two years sold his share in the store to engage 
with S. I'erry & Co. in the manufacture of 
woolen goods at Cambridgeport, residing at 
.Saxtons River. In 1866 Mr. Alexander sold 
iiis interest in the firm of S. Perry & Co., 
buving out that of Theophilus Hoit in the 
Farnsworth & Hoit woolen mills at Saxtons 
Ri\er. Mr. Farnsworth lately selling his in- 
terest, the firm is now known as Alexander, 
.Smith & Co. 

I'olitically Mr. Alexander is a Reiniblican, 
and in 1886 he represented the town of Rock- 
ingham in the Legislature. 

Mr. Alexander is a prominent and widely 
known member in the order of F. & A. M., 
a member of King Solomon Lodge and 
Abenaqui Royal Arch Chapter, Bellows Falls, 
and of the council and encampment at 
\\'indsor. 

Mr. Alexander was married Oct. 31, i860, 
to Mary S., daughter of George and Hannah 
(Chandler) Perry, of Saxtons River. Of this 
union were four children : John F., Jr., 
Charlotte M.,(wife of Dr. H. G. Anderson, 
of New York), Anna E., and George P. 



ALLEN, Charles Edwin, of Burling- 
ton, son of Joseph Dana and Eliza R. (John- 




CHARLES EDWIN ALLEN. 



son) Allen, was born in Burlington, Nov. 28, 
JS38. 



He was educated in the Burlington pub- 
lic and high schools, and was graduated 
from the University of Vermont, August, 
1859. During the year 1861 he studied law 
with Hon. Isaac F. Redfield at Windsor, 
and in i862-'63 with Hon. Milo L. Bennett 
in Burlington. He entered the Albany Law 
School (Lfnion College) in September, 1S63, 
and was graduated in June, 1864. After 
practicing his profession in the New York 
courts for three years, Mr. .Allen returned 
to Burlington in the spring of 1867, and 
there opened an office, making a specialty 
of patent law. 

Mr. Allen was elected assistant secretary 
of the Senate in i862-'63. He is a Republi- 
can. In I S 78 he was elected alderrnan from 
ward I for two years, and re-elected for a 
like term in 1880. In 1882 he was elected 
city assessor ; in 1883 school commissioner, 
re-elected in 1884, and successively chosen 
for terms of two years. During this period, 
with the exception of one vear, he has 
served as clerk of the school board, and his 
annual reports of the census and condition 
of the city schools are highly esteemed for 
their accuracy and completeness. In Sep- 
tember, 1886, he was elected city clerk, and 
has been unanimously re-elected each year 
since. In 1870 he was chosen secretary of 
the Alumni Association of the LIniversity of 
Vermont, and has held the office since that 
time. During the years i867-'68 Mr. Allen 
was local editor of the EJurlington Free 
Press, and reported for New York pa|)ers. 

Mr. Allen is a member of the Protestant 
Episcopal church, of which he is now, and 
has been for several years, a vestryman and 
its Sunday-school superintendent, and a fre- 
quent delegate to its diocesan conventions. 
He is a member of the Algonquin Club 
of the Vermont Press Association, and has 
published, in pamphlet form, statistics of the 
town and city of Burlington from 1763, in- 
cluding complete meteorological observa- 
tions since 1840, besides several historical 
papers connected with his native town. 

Mr. .\llen was married Oct. 31, 1S67, to 
l'',llen C, daughter of Elias and Cornelia 
(Hall) Lyman. Of this union are three 
children : Joseph Dana, Lyman, and Flor- 
ence L. 

ALLEN, Ira R., of Fair Haven, son of 
Ira C. and Mary E. (Richardson) .\llen, was 
born in Fair Haven, March 29, 1859. 

Ira C. Allen was a man of ability and 
was well known in the state, ser\ing five 
terms in the state Legislature. 

Ira R. Allen obtained his early education 
in the schools of Fair Haven and in 1877 
studieil at Colgate .-Xcademv. He graduated 



from ISroun Lniversity in 1882. His busi- 
ness experience has been varied and exten- 
si\e and he has traveled in the States and 
upon the other side of the AUantic. From 
1882 to 1884 he resided in the city of New 
Vork and was engaged in the produce com- 
mission business. In 1886 he became inter- 
ested in mining operations in Virginia, and 
in 1887 returned to Fair Haven where he 
has been interested in banking, slate indus- 
tries and railroads. His family has the prac- 
tical control of the Rutland I'v: Whitehall R. R. 
and he is vice-president of the Allen National 
Bank. Mr. .^Uen is the fortunate possessor 
of one of the best private mineralogical cab- 
inets in the state. While in Virginia he was 
enabled to obtain many fine specimens of 
garnets, some of which were loaned by him 
for the purpose of exhibition at the World's 
Fair in Chicago. 

Mr. Allen is a Republican and one of the 
most public spirited men of his town. He 
has served as selectman and was considered 
as an available candidate to place in the field 
for town representative in a community where 
Democratic opinions had hitherto prevailed. 
This position he easily won and served in 
the Legislature at the session of 1892. An 





ardent anil enthusiastic member of the Ma- 
sonic fraternity, he has attained the 32d 
degree and represented Mt. Sinai Temple at 
Cincinnati in 1893. In religious views a 
Baptist, and though not a member of the 
church has always been a liberal supporter 
of all Christian enterprises. 



AMSDEN, Charles, of Amsden, son 
of .America and Nancy (Child) .\msden, was 
born in ^\■est Windsor, ^lay 6, 1S32. 

His grandfather, Abel Amsden, was a pio- 
neer of the town of Reading, a soldier during 
the Revolution, and a prominent man of his 
lime. His mother, Nancy Child, was born 



£P9 




CHARLES AMSDEN. 

in Westminster, Mass., July 20, 1790, and 
li\ ed one and one-half years after the cele- 
bration of her centennial, retaining her men- 
tal vigor to the last. 

Charles Amsden was educated at the com- 
mon schools and passed his early boyhood 
on his father's farm. At the age of seven- 
teen, with a capital of Sioo, he went to what 
is now called .Amsden and engaged in trade, 
opening the following year a lime kiln, which 
he still works, producing about 10,000 bar- 
rels annually, and carries on an extensive 
business in general merchandise. 

Mr. -Amsden is a Republican in politics. 
He represented the town of AVethersfield in 
the Legislatures of 1870 and 1890, and was 
elected a senator for Windsor county in 
1892. He has been town treasurer since 
1876, and postmaster since 1875, except 
when holding state office. Beyond his own 
town his business ability has been and is still 
appreciated. During the years i886-'87 he 
was a director of the Rutland R. R. and he 
is at the present time a director of the Na- 
tional Black River Bank of Proctorsville, and 
of the Howe Scale Co. 

January 20, 1S50, Mr. .Amsden married 
-Abbie E., daughter of Joseph and Mary Ann 



ANDROSS. 



(C'arev) Craigue. Of this union is one 
child : Mary Alelvina (Mrs. Charles 1',. Wootl- 
ruff, of \\oodslock.) His second marriage 
was with Miss ]^Iary L. Stockin. 

ANDREWS, John ATWOOD, of John- 
son, son of Asa'and Jane ( Hogg) Andrews, was 
born at New Boston, X. H. 

When John was three years of age, his 
father, who was a farmer, hoping to better 
his condition moved to Johnson. The son 
received such education as could be obtained 
in the common schools of that period, and 
afterward pursued his studies at the Lamoille 
county grammar school. 

.\t the age of twenty-one he purchased a 
farm situated about half a mile west of the 
town, where he has ever since resided, and 
here his father and mother found a home 
until their death. His estate of one hun- 
dred and fifty-four acres is one of the best 
adapted for cultivation in the neighborhood, 
and is pleasantly located on the Lamoille 
river, commanding a broad view of moun- 
tains, hills and stream. 

He is a member of the Republican party. 
In 1882 he was sent to the Legislature, 
where he served on the educational com- 
mittee, and he has just completed his fourth 
year as assistant judge of Lamoille c^ounty 
court. Judge Andrews was a member of the 
L O. G.T. 

He was united in marriage March 28, 
1844, to Angeline, daughter of Daniel and 
Lydia Scott (Eaton) Davinson of Craftsbury. 
Four children have been born to them : Sum- 
ner .\., Lydia (Mrs. Lyndley Fullington , 
Abner (died in infancy), and Wallace Gale 
of Montpelier. 

ANDREWS, Sumner A., of \'ergennes, 
son of J. Atwood and Angeline (Davinson) 
Andrews, was born in Johnson, Dec. 28, 1844. 

Mr. Andrews received his education at the 
public schools of his native town and at the 
Lamoille county grammar school. 

He remained with his father on the home 
farm until he enlisted in the army at the age 
of seventeen. He was a member of Co. 
E. 13th \'t. Vols, and was at the battle of 
Gettysburg. 

.■\fter the war he worked six years in a store ; 
and in 1875 went to the State Primary School, 
Monson, Mass., as supervisor, remaining 
there eight years. In 1883 he became a 
member of the firm of Andrews Brothers, 
dealers in general merchandise, in his native 
town where he remained until 1889 when he 
was appointed superintendent of the Ver- 
mont Reform School. 

Mr. Andrews is a Republican in politics, 
and represented Johnson in the Legislature 
of 1884, serving on the committee of educa- 



tion. In 1888 he was elected assistant judge 
of Lamoille county court. 

His church connection is with the Bap- 
tists, and for several years he served his 
denomination as deacon in Johnson. 



^^^ -• 




SUMNER A. ANDREWS. 

Mr. .Andrews was married Sejit. 28, 1868, 
to Mary \., daughter of Ozias and Charlotte 
Story. ' 

AN DROSS, Dudley Kimball, of 

Bradford, son of Broadstreet Spafford and 
Mary ( Kimball) Andross, was born in Brad- 
ford, Sept. 12, 1823. He comes of old 
\'ermont stock, one of his grandfathers. Dr. 
Bildad Andross, having been an early settler 
in the town of Bradford, and a member of 
the first convention which met to organize 
the Commonwealth of Vermont ; and another, 
Capt. Broadstreet Spafford, having been the 
first settler in Fairfa.x in 1783. His great- 
uncle, Obadiah Kimball, was killed in the 
battle of Bennington. 

In early life Mr. .-Xndross worked as a lum- 
berman, then as a railroad builder, and as 
such he helped to lay the first rail of the 
Rutland & Burlington R. R ; later he was a 
successful gold-miner in California. During 
his whole life his love of sport has led him to 
make hunting something more than a pas- 
time. 

When the ci\ il war broke out he was in 
business as a miller and was lieutenant of the 
Bradford company of militia. In its reor- 
ganization for service, uj)on the first call for 



ARCH HULL). 



troojjs in April, 1861, Lieutenant Andross 
was elected captain and served as such with 
the I St \'t. Regt. throughout its term. At 
the battle of Big Bethel, when the three com- 
panies of the 1st regiment attacked the 
rebel earthworks, Captain Andross was the 
first man upon the embankment. .At the 
close of the three months' service he returned 
to the army as lieutenant-colonel of the 9th 
Vt. Regt., his commission dating May 26, 
1862. .\t Harper's Ferry he was taken pris- 
oner, the 9th regiment having been sur- 
rendered under Cleneral Miles. The pri.soner 
was speedily released and at once promoted 
to the rank of colonel, which position he held 
until ill health compelled him to tender his 




Dudley k andross. 



resignation June 23, 1S63. Since the war 
Colonel -Andross has led a quiet life, farming 
and hunting. 

Colonel .Andross was married March 17, 
1878, to Mrs. Marcella Wasson, daughter of 
Rev. Horatio Harris. Their three children 
are : Mary Kimball, Walter Carpenter, and 
Alice Caroline. 

Colonel .Andross is believed to be (ex- 
cept Stephen Thomas, always known as (Gen- 
eral ) , the senior surviving colonel of Vermont 
troo] IS. 

ARCHIBALD, S. HENRY, of Walling- 
ford, son of the Rev. Dr. T. H. and Susan 
(Tuck) .Archibald, was born in Dubuque, 
Iowa, Nov. 10, 1848. 

He received his preparatory education at 
the New Hampton Institution, Fairfax, and 



later graduated from Colgate University, in 
the class of 1873. 

Having completed his college course and 
after further study he ministered to a con- 
gregation at West Pawlet, and during this 
pastorate he was ordained to the ministry of 
the Baptist church. Being settled by the 
church at Wallingford in 1876, he has since 
that time remained in that parish, and is at 
])resent the senior clergyman of his denomi- 
nation in the state, with regard to the num- 
ber of years of service in one church. 

His father was a clergyman of high repu- 
tation, and was formerly settled over parishes 
in .Addison, Bennington and Rutland coun- 
ties, but has now retired to private life, 
making his residence at Middlebury. .Mr. 
.Archibald occupies a prominent position 
in the Baptist church, and is well known 
and popular throughout the state, and has 
for twelve years served as the secretary of 
the board of managers of the state conven- 
tion of that denomination. 

He was united in marriage at West Paw- 
let, Feb. 13, 1877, to Esther .A., daughter of 
Daniel D. and Mary E. (Townsend) Nel- 
son. Four children have blessed their 
union: Nelson Henry, Eva E. (deceased), 
Walter, and Mary Townsend. 

In his political creed Mr. .Archibald is a 
loyal Republican, but his energies and time 
have been mainly devoted to his profes- 
sional studies and duties, yet he has sers-ed 
as superintendent of schools in ^\'allingford 
for seven different years, and is now chair- 
man of the board of directors. 

ARNOLD, FeNELON, of Westminster, 
son of .Ambrose T. and Priscilla ( Farnum ) 
.Arnold, was born in Westminster, Jan. 25, 
1817. 

He obtained his education in the public 
schools of his native town, and began farm- 
ing at an earlv age, first with an uncle until 
the latter's death in 1840, and then at the 
age of se\enteen, with a brother, he took a 
farm, wiped out a debt contracted in the pur- 
chase and acquired an unincumbered home. 

In 1855 he began the business of silver 
and brass plating, continuing it until i860 
under the firm name of Arnold & Cook. 

Mr. .Arnold's political preferences are Re- 
publican. He has served as selectman thir- 
teen years, several as chairman of the board. 
\Mth the exception of clerk and treasurer he 
has filled every office in the gift of the town, 
serving in the Legislatures of 18S0 and 1884, 
and was a member of the committee on elec- 
tions, banks and banking. .As custodian for 
ten years of the Campbell Trust Funds he 
showed excellent ability, making safe and 
profitable investments in the interest of the 
peojjle. Finding himself physically disquali- 
fied for service in the field durins: the war 



Mr. Arnold took an active part in raising 
troops for the nation's defence. 

He was married Nov. 4, 1840, to Amanda, 
daughter of Luther and Mary Richards. Of 
this union were two children : Charles F., 



ICast, filling the master's chair of ^\'hite 
River Lodge, Xo. 90. 

He was wedded Oct. 17, 1882, to Martha 
I'., daughter of Amos and Nancv White of 





FENELON ARNOLD. 



and George R. Mrs. Arnold dying Dec. 24, 
1867, he married, March 13, 1872, Emily A., 
daughter of Edmund A. and Isabella (Hos- 
mer) Marsh. Of this union is one child : 
Seth F. 

ARNOLD, Fred, of Bethel, son of 
Thomas and Jane ^L (Wellington) Arnold, 
was born in Randolph, Dec. 7, 1856. 

.After receiving his education in the com- 
mon schools and the Randolph State Normal 
School, he adopted the profession of the 
law, and since 1S80 has pursued that voca- 
tion in Bethel, combining his practice with 
the occupation of an insurance agent. In 
both of these pursuits he has met with grati- 
fying success. His business ability and un- 
doubted integrity have called him to many 
positions of honor and usefulness in the 
town, which he represented in the General 
Assembly in 1892. In this body he was an 
able and earnest advocate of the town sys- 
tem of schools, and was largely instrumental 
in the establishment of that important 
measure throughout the state. 

Mr. .Arnold has knelt at the altars of Free 
Masonry, having received the degrees of the 
blue lodge at Bethel, the chapter in West 
Randolph and commandery in Mont]ielier. 
In the first named he has i)resi<le(l in the 




FRED ARNOLD 

Providence, R. I. Six children have been 
the issue of the union ; five boys and one 
girl. 

ATKINS, Hiram, late of Montpelier, son 
of John S. and Margaret (Smith) Atkins, 
was born Dec. 22, 1831, in Esopus, N. Y., 
and died at Montpelier, Oct. i, 1892. 

When he was about three years of age his 
father moved to Poughkeepsie, N. Y., where 
for the next ten years Hiram lived the usual 
life of a farmer's bov. -At the age 01 four- 
teen he entered the office of the Poughkeep- 
sie I^agle as an apprentice, and at the age 
of eighteen was employed on the Journal, 
Kingston, N. Y., having charge of the paper 
during the editor's absence. In 1853 he 
came to \'ermont and started a small paper 
called the Battle Ground, at North Ben- 
nington. He had one dollar in cash when 
he arrived in Bellows Falls a few weeks later 
to take charge of a local ])a])er, the .\rgus. 
In February, 1S63, Mr. .Atkins went to 
Montpelier, bought the Patriot, and estab- 
lished the .Argus and Patriot, of which from 
that time until his death he was publisher 
and editor. 

During his residence in Bellows Falls Mr. 
.Vtkins was for a time deputy postmaster in 
President Pierce's and postmaster in Presi- 



(lent BiK'hanan's administration, and during 
I'resident Cleveland's first term he was super- 
intendent of construction of the government 
building at Montpelier. He was at his de- 
cease one of the four World's Fair commis- 
sioners from N'ermont, and also by an act of 
the Legislature one of the Columbian com- 
missioners of Vermont. He attended every 
Democratic national convention but one 
after attaining his majority, and in i8S8 was 
the member from Aermont of the Demo- 
cratic national convention. From 1863 he 
was a member of the Democratic state com- 
mittee, and its chairman since the early 
seventies. 




Mr. .Atlcins was a communicant in the 
Protestant Episcopal Church : tor many years 
a vestryman of Christ Church at Montpelier, 
and often a delegate to the diocesan con- 
vention. 

In 1854 he married ISIaria .Abeel, daughter 
of John'L. DeWitt, of Windham, N. Y." She 
died Dec. 5, 1S59, leaving three children, 
two of whom, Catherine Abeel, and Eliza- 
beth DeV\'itt, wife of Major Osman D. Clark 
of Montpelier, survive their father ; the 
third, Margaret Smith, died about six months 
after her mother's decease. Mr. Atkins, 
June 27, 1864, married Julia M., daughter 
of Ezra F. Kimball, Bellows Falls. 

Mr. .\tkins was a man of strong individ- 
uality ; honest, rugged, and at times out- 
wardly harsh and rough, made to contend 
in stormy times for principle, but kind at 



heart, and winning the respect and friend- 
ship of men who opposed him, and whom 
he opposed in many things. 

ATWOOD, Frank C, of Salisbury, 
son of Hiram and Phcebe (Frank) Atwood, 
was born in Starksboro, Dec. 14, 1828. 

He was educated at the common schools 
and at the Bristol Academy. In 1851 he 
settled on a farm in Salisbury, where he is 
widely known as a catde buyer and stock- 
man, ha^■ing had a large exjierience in the 
industries he represents. 

Mr. .Atwood is prominent in Masonic cir- 
cles and has been a member of Union Lodge 
F. & A. M., Middlebury, for nearly forty 
years. 

I." His political affiliations are with the Re- 
publican party. He represented the town 
of Salisbury in the Legislature of 18S2, serv- 
ing on agricultural and other committees. 
Over the county and district conventions of 
his party he has presided for many years past. 

Mr. Atwood was married April 2, 1851, to 
Sarah i\L, daughter of Solomon and Sarah 
Thomas of Salisbury. They have two sons,: 
Henry S. (now deputy county treasurer of 
LaBette County, Kan.), and Julius W., who 
has been rector of St. James Church at Prov- 
idence, R. I., since 1887. 

AUSTIN, ORLO Henry, late of Bar- 
ton Landing, son of Asa and Nancy (Gregg) 
Austin, was born in Eden, August 13, 1838, 
and died at Barton Landing, Sept. 15, 1893. 

Mr. Austin acquired his education first in 
the jjublic schools of Eden. On removing 
to Craftsbury in 1848, he attended the L^lssex 
Classical Institute. He was admitted to the 
class of '63 in the L'niversity of Vermont and 
was a teacher until the breaking out of the 
civil war, when, in the spring of 1862, he en- 
listed in Co. F, nth Regt. Vt. Vols., was 
chosen 2d lieutenant and successively pro- 
moted to I St lieutenant and captain of Co. 
.A., Sept. 2, 1864, while in active service 
under Sheridan in the Shenandoah Vallev. 
He was in e\ery action engaging his regi- 
ment except the assault at Petersburg. Cap- 
tain .Austin came of patriot stock, his father 
having joined the Vermont Volunteers in 
1 814, was in the batde of Plattsburg. 

.At the close of the war, Captain Austin 
built a store in Barton Landing and became 
a dealer in general merchandise. He entered 
into partnership November, 1869, with C. E. 
Joslyn and together they built up a large trade. 
J. C. Parker and I. D. R. Collins joined the 
firm in the fall of 1873, adding to its business 
an extensive lumber trade. Decline in prices, 
losses by fire, increased through defective 
insurance, caused a suspension of the firm in 
the spring of 1877. Captain Austin suffered 
a second time by fire, and then built the 



present large business l)lork, which is an 
ornament to the village, entered into ])art- 
nership with A. C. Parker, studied law^ and 
was admitted to the bar in iSPo. In Novem- 
ber of the following year he was appointed 
judge of probate to fill the vacancy caused by 
the death of Hon. I. N. Cushman and hel<l 
that office till his death. 

In ]iolitics he was a Republican and held 
imi>ortant town otifices. 



He was an active member and su|)porter 
of the Congregational church and served it 
many years as Sunday-school superintend- 
ent. 

Captain Austin was married Oct. 15, 1S68, 
to Sophia M., daughter of Captain Timothy 
J. and Melona (Wilder) Joslyn of Hrowning- 
ton. The children of this union are : Fred 
(). (deceased), Clara M., Kmma S., Helen A., 
.Arthur O., and (irace F. 



BAILEY, ALDEN Lee, of St. Johnsbury, 
was born in Compton, P. ()., May 31, 1845, 
the only child of Lewis and Nancy Bailey. 

He was early bereft of both parents, his 
father dying iiefore he reached his fourth 




England. Two well equipped warerooms, 
one in St. Johnsbury, the other in Burling- 
ton, with twenty traveling salesmen, attest 
the fact. He has been a director in Citi- 
zens Bank from its organization, his business 
tact and good judgment doing much toward 
giving it its present good reputation. 

These qualities have also done much 
toward removing the debt and placing on a 
good financial basis the Young Men's Chris- 
tian .Association, of which for several years 
he has been a director. In early life he 
connected himself with the Methodist Epis- 
copal church, of which he has always been 
a generous supporter, and to it he has given 
his best service as one of its stewards, and 
also for many years as its successful Sunday- 
school superintendent. He is possessed in 
an eminent degree of the quality rudely 
termed "push," giving an enthusiasm to what- 
ever he undertakes, which insures success. 

He is a sunny man with a cheerful word 
for all, and ever ready to dispense sub- 
stantial aid as well as wise counsel when- 
ever and wherever needed. 



ALDEN LEE BAILEY. 

year, and his mother when he was only ten 
years of age. Alone in the world, he was 
"bound out" during the remaining years of 
his minority to his uncle, a farmer, whom he 
faithfully served until he reached his major- 
ity. Greater opportunities, with less of hope 
and resolution might have disheartened 
him. He had nothing to lose, but every- 
thing to win, and he was determined to suc- 
ceed. This spirit found him ready employ- 
ment, and also opened the way for him to 
enter into the business in which his success 
has proved his fitness. From very small 
beginnings he has built up the largest trade 
in musical merchandise in Northern New 



BAILEY, Horace Ward, of New- 
bury, son of ^Villiam and .Abigail (Eaton) 
Bailey, was born in Newbury, Jan. t6, 1852. 
His father's family was of English descent, 
coming to Newbury in 1780. His mother 
came of Scotch parentage and was the daugh- 
ter of the late Jesse F^aton of Wentworth, 
N. H. 

Educated in the common schools of his 
town and at Newbury Seminary, Mr. liailey 
first entered the employment of John Lind- 
sey at the Fabyan Hou.se in the White 
Mountains, at C)kl Orchard Beach and in 
p:astman. In 1882 he opened a grocery 
store in Newbury Village, where he built up 
a large and profitable business, but finally 
sold out in 1890. Since retiring from the 
mercantile profession he has been chiefly en- 
gaged in the settlement of estates in North- 
ern Vermont and New Hampshire. In 1886 
he was elected town clerk, which office he 
still holds. He was superintendent of schools 
in iS85-'86-'87 ; for two years chairman of 



board of listers ; member of county board of 
education in 1889, and chairman of board of 
school directors in 1893; also several years 
a trustee of the Bradford Savings Bank. 

His political creed is Republican and in 
religion he is a liberal. -Mr. Bailey is a man 
of strong literary tastes, possessing an excel- 




olutionary war, while his son, John Bailey, 
Sr., was a hardy pioneer and farmer. 

Descended from such stock, John early 
showed his lineage, and from earliest youth 
lent a helping hand upon the farm, on which 
he resided for nearly fifty years. Though 
his educational advantages were limited, 
being restricted mostly to the district school, 
he has borne a very prominent part in the 
public affairs of the town and state. Though 
he has filled many imiMrtant town offices, 
he is perhaps best known as sheriff and dep- 
uty sheriff of Orange county, and is consid- 
ered as one of the best executive officers that 
has ever served the county and the state. 
Among his best known exploits the pursuit 
and capture of the notorious Barre bank rob- 
bers may be regarded as singularly proving 
his shrewdness, intelligence and daring, show- 
ing that he fully inherited the courage of his 
ancestors. Mr. Bailey was appointed post- 
master in 1889 and still holds that ])Osition. 
He was representative in 1 869-' 70, '84, and 
elected senator in 1886. 

He married, Oct. 21, 1847, Isabel, daugh- 
ter of George and Margaret (CJardner) Nel- 
son. They have six children : Ellen M.(Mrs. 
Newton N. Field), Albert H., Margaret J. 
( Mrs. Eugene D. Carpenter), Lizzie (Mrs. 
Oscar Warden of Mclndoes Falls), Nelson 
H., and Clara (Mrs. Simeon Clark). 



HORACE WARD BAILEY. 

lent miscellaneous library, selected with great 
care and which is not surpassed in his sec- 
tion of the state. 

A man of most benevolent impulses, he is 
always a staunch su])porter of all good works 
and charitable enterjirises in his neighbor- 
hood. 

BAILEY, John, of Wells River, born at 
Newbury, Jan. 30, 1822, was the son of John 
and Martha, granddaughter of Rev. Peter 
Powers, the first settled minister in New- 
bury. The latter lived with John until he 
died in his eighty-ninth year. 

(ien. Jacob Bailey, the great-grandfather 
of the subject of this sketch, was an officer 
in the old French and Indian war and was 
captured at Fort \\ illiam Henrv, where his 
courage and promptness of action alone saved 
him from destruction in the treacherous and 
bloodv massacre which followed the surren- 
der of this important post. He lived to be- 
come ijrominent among the Cireen Mountain 
boys, who took such an active part in the 
dispute concerning the New Hampshire 
grants, and was a member of the Council 
of Safety. Col. Joshua Bailey, son of Gen. 
Jacob Bailey, was a daring scout in the Rev- 



BAILEY, Myron W., of St. Albans, 
son of Richard and Sally (Barrows) Bailey, 
was l)orn at Waterville, Feb. 9, 1837. 

Commencing his education at the common 
schools, and at the Bakersfield .Academy he 
afterwards attended the People's .\cademy 
at Morrisville, where he prepared for college, 
but ill health obliged him to resign his hope 
of a liberal education. In the spring of 1S57 
he commenced the study of law in the office of 
Hon. Homer E. Royce, and continued the 
same under ^Valdo Brigham until the summer 
of 1858, when he entered the law de])artment 
of the L'niversity of .-Mbany, where he 
graduated in May, 1859, and was admitted 
as an attorney and counselor at law in the 
supreme court at .Albany, N. Y., and at the 
.■\pril term was admitted to the bar of Frank- 
lin county. He then commenced the prac- 
tice of his ])rofession at Bridport and con- 
tinued until June, 1861. 

When the war began he determined to 
serve his country, and enlisted in Co. H, 
3d Regt. Vt. Vols., and was mustered into 
service July 16, 1861, and soon after went 
to the front with his regiment, which was 
stationed near the Chain Bridge. He was 
present at the battle of Lewinsville, Va., 
Sept. II, 1 86 1, but in the last of the month 
while on picket duty he was severely wounded 
in the lower part of the back, the result of 



13 



which was a jjaralysis of the lower Hmbs, 
and he was discharged Feb. 5, 1862. 

He has held many town offices and has 
been judge of probate for Franklin county 
and district from Dec. i, 1867, \\p to the 
present time, and was railroad commissioner 
from 1872 to 1878. 




MYRON W. BAILEY. 

He is a member of the Masonic order, 
and is a past olificer of Missis(|uoi Lodge, 
No. 9. 

Judge Bailey married ISIary L., daughter 
of Sherman W. and Catharine Sears. Their 
children are : Carrie M. (wife of E. W. 
Thompson), and Katharine S. (wife of Kben 
E. McLeod). 

BAKER, Austin S., of Danby, son of 
Stephen and Susanna (Matthewson) Baker, 
was born in Mount Holly, March 16, 1824. 

Receiving a thorough and practical educa- 
tion in the public and private schools of 
Danby, he entered the battle of life fully 
equipped for an energetic struggle. Pos- 
sessing a strong and well developed phys- 
ique and highly trained reasoning powers, he 
adopted the profession of teaching for some 
years. Setding on the homestead in Danby 
he has devoted himself to farming for twenty- 
eight years, giving much attention to dairy- 
ing and horse breeding. 

As an ardent Republican, Mr. Baker has 
been honored by his fellow-townsmen with 
an election to nearly every office in their 
power to bestow. He has performed the 



duties of selectman, superintendent of schools 
and justice of the ])eace, serving with equal 
credit in each capacity. He has been assist- 
ant judge of Rutland county court for six 
years and has already established an enviable 
reputation in the ministration of this office. 
During the war Judge Baker was greatlv in- 
strumental in raising men. 

He is a member of the Masonic frater- 
nity, taking an active share in the work of 
Marble Lodge, No. 76, of Danby. 

Judge Baker was united in wedlock |an. 
27, i<'^48, to Betsy M., daughter of Rev. 
Orange and Maria (Jones) Green. Two 
children have been born to them : Helen M. 
(Mrs. L. P. Howe of Mount Tabor), and 
Charles S. Baker of Trov, N. Y. 




AUSTIN S. L 

BAktfR, Joel Clarke, of Rutland, son 
of Edia and Seleucia A. (Davenport) Baker, 
was born in Danby, .April 16, 1838. 

Mr. Baker seems to have inherited a goodly 
share of the sterling character and sturdy in- 
dependence of his Scotch progenitors. 

Educated at the public schools of Danby, 
\\'allingford, and at Poultney Academy, in 
1858 he began the study of Latin and Creek 
with Philip H. Emerson. In 1859 he com-' 
menced the study of law in the office of 
Spencer Green of Danby, then changed to the 
office of David E. Nicholson of \\allingford, 
where he remained until 1862, when he was 
admitted to the bar of Rutland county court. 

In 1862 he enlisted as private in Co. B, 
9th Regt., Vt. Vols., was mustered into the 
service as sergeant, and before his discharge 



■was successively promoted to the grades of 
ist sergeant, 2d and ist lieutenant, and finally 
captain. At the surrender of Harper's Ferry 
he was sent as a paroled prisoner to Camp 
Douglas at Chicago, where he remained until 
his exchange, Jan. 9, 1863, afterwards serving 
as guard over five or six thousand rebel pris- 
oners. He then returned to the front, par- 
ticipating in many battles and skirmishes, 
and with the Army of the James, was present 
at the engagements of Chapin's Farm, Fair 
Oaks and the capture of Richmond. He 
was among the first to enter the city, reach- 
ing the residence of Jeff Davis where the 
Confederate flag was still flying, which he 
pulled down and took away with his own 
hands. While he was in North Carolina, 
Congress organized provost courts in which 
Captain Baker had a good deal of practice. 
After his return from the army he pursued 
his profession in Wallingford, but in t868 
removed to Rutland, where he still resides. 
He has attained a very high reputation as a 
lawyer, in both civil and criminal practice, 
and has conducted several cases of notable 
importance in Rutland and Bennington 
■counties as well as in the 4th district in 
New York, and also before the United States 
circuit and supreme courts. 

Mr. Baker has important real estate in- 
terests in Rutland ; is director in the Clem- 
ent National Bank, Howe Scale Co., the P. 
E. Chase Manufacturing Corporation, the 
Rutland Herald and Globe Association, 
having been the editor of that paper from 
i86g to 1873. 

He has discharged the duties of superin- 
tendent of schools and grand juror in the 
towns of Wallingford and Rutland, and has 
been register of probate and deputy county 
clerk. He is a Republican and was elected 
state senator in 1886, serving on the com- 
mittees on the judiciary, railways, and the 
insane. He was for two years county audi- 
tor, and is now city attorney. 

Mr. Baker has also joined the ranks of 
Masonry, affiliating with Chipman Lodge, 
No. 52, of which he has been junior and 
senior warden, and is now a member of Cen- 
ter Lodge, No. 34. He also belongs to the 
Rutland Royal Arcanum, and is interested 
in the V. M. C. A. of that city. He is a 
companion of the M. (). of L. L., and a 
■comrade of the C. A. R. In his religious 
preference he is an Ei)iscopalian. 

He married, Oct. 8, 1866, Ada O., daugh- 
ter of Luther P. and Mary .\. (Rounds), 
Howe of Mount Tabor. One daughter, 
Mabel, is the issue of the marriage. 

BALCH, William EVERARD, of Lun- 
enburg, son of Sherman and Eliza (Clines) 
Balch, was born in Lunenburg, Feb. 3, 1854. 



.■\fter pursuing the usual educational 
Lourse in the public schools and at St. 




WILLIAM EVERARD BALCH. 

Johnsbury Academy, he entered his father's 
carriage shop to learn that trade, and 
after a two years' sojourn in the West, in 
1S76, he returned to his native place and 
again entered the employ of his father. 
From his early boyhood, Mr. Balch had de- 
voted all of his spare time to the study of 
natural history and the collection of speci- 
mens illustrating that science. On his re- 
turn to Vermont he learned taxidermy, and 
employed his leisure in forming a collection 
of the birds and mammals of the state, with 
such success that in eight years he had gath- 
ered specimens of all the representative 
birds and mammals of Vermont. This col- 
lection was sent to the World's Fair at New 
Orleans as the state collection, and about 
this time he was offered the position of state 
taxidermist, which he still holds. The high 
scientific standard of his work is amply at- 
tested by the specimens of his skill exhibited 
at the Fairbanks Museum at St. Johnsbury. 

Mr. Balch represented the town in the 
Legislature of 1892. 

He wedded, Sept. 27, 1876, Ella, daughter 
of Jordan and Lois A. Mutt. They have 
two children : Florence May, and \Valter. 

BALDWIN, Charles, of Dorset, son 
of Thomas and Polly (Lanfear) Baldwin, was 
born in Dorset, Oct. 30, 181 6. 




JoUj €*. fb CLJt^j.^\ 



i6 



His education was obtained in the ])u\)\\f 
and select schools of Dorset. In 18.55 he 
went to work for his brother and learned the 
trade of a cooper and after four years of this 
employment he removed to Rutland, where 
he entered the em])loy of (iersham Cheney. 
He then returned to his brother, and finally 
purchased the business in if-'4i, and till ii^'gi 
continued to follow his vocation in that 
locality. 

Mr. Baldwin was married Feb. 4, 1848, to 
Susan, daughter of Rev. William and Susanna 
(Cram) Jackson of Dorset, who died in 
November, 1878. His second wife was Mary 
E. Willard of Castleton, whom he married 
June 4, 1879. She died in July, 1889. He 
"married, Dec. 30, 1 889, a third wife, Sarah, 
daughter of Charles and .-Vdah (Eells) Bangs 
of Lenox, Mass. 

He has been a strong Republican since 
the formation of the party and has held most 
of the town offices, serving as county com- 
missioner since i8fc2. Mr. Baldwin is a 
stockholder in the Factory Point National 
Bank and the Battenkill Industrial Society 
as well as a large owner of real estate. 

William J. Fuller, while living with Mr. 
Baldwin, enlisted in Co. G, ist Vt. Cavalry 
and died in Andersonville in August, 1864, 
and in honor of his memory W. J. Fuller 
Post, No. 52, C. A. R., in Dorset is named. 

In his religious views Mr. Baldwin is a 
Congregationalist and has always taken a 
deep interest in the welfare of the Sunday- 
school and all other means for the advance- 
ment of religion in the church and society. 

BALDWIN, A. T., of Wells River, son 
of E^rastus and Lucinda (Richardson) Bald- 
win, was born at Topsham, Aug. 31, 1841. 

Erastus Baldwin, his father, located at 
Wells River early in the present century, 
settled upon a farm in that town and later 
engaged extensively in the trade of a har- 
ness manufacturer, which vocation he pur- 
sued until the time of his death, which oc- 
curred July 16, 1889. 

Mr. A. T. Baldwin received his education 
at the common schools of the town and at 
St. Johnsbury Academy and at the age of 
twenty-four he formed a partnership with his 
brother, Mr. E. Baldwin. The firm engaged 
in the wholesale boot and shoe business and 
for twenty years did a larger business than 
any other concern in the state. In 1879 
Mr. A. T. Baldwin was a partner in the firm 
of Henry, Jay & Baldwin," which operated at 
Fabyan's, and continued for three years. 
Then, in connection with Erastus, Jr., he 
purchased a mill and timber lands at Groton 
Pond, where the brothers conducted an ex- 
tensive and profitable lumber business till 
shortly before the death of Mr. A. T. Bald- 
win. Soon after his brother's death Mr. E. 



P.aldwin entered into copartnership with 
Mr. L. D. Hazen of St. Johnsbury, which 
continued for three years. 

Mr. A. T. Baldwin was one of the bright- 
est business men ever reared in the village 
of Wells River, and left one son, who died 
three weeks after his father, making his 




uncle sole heir to the bulk of his property, 
and the latter, desirous to keep the family 
name in honorable remembrance, has erected 
a structure for the village library association 
as a memorial, which is styled the Baldwin 
Library Building. 

Mr. Erastus Baldwin takes a lively inter- 
est in agricultural pursuits and is perhaps 
best known as the proprietor of the Baldwin 
Valley Farm, which covers a large area and 
is one of the leading stock farms in New 
England. This he has now sold to his son, 
H. T. Baldwin. 

Mr. Erastus Baldwin is president of the 
Wells River Savings Bank which position 
itself confirms his character for unstained 
integrity and business sagacity. 

He acts with the Republican party, but, 
though interested and well informed in 
national and state affairs, he has chosen to 
remain a private citizen in spite of many 
urgent calls to accept important and re- 
sponsible positions of trust. 

He was united in marriage Jan. 6, 1S63, 
to Ellen, daughter of William B. and Mary 
A. (Chamberlain) Abbott. One son has 
been born to them : Hammon T. 



BALDWIN, Frederick W., of I'.anon, 

was born at Lowell, Sejit. 29, 1848, the son 
of Asa and Rosalinda (Shedd) Baldwin. He 
is of English descent, this branch of the Bald- 
win family being derived from John Baldwin 
who appears in Billerica, Mass., as early as 
1655 and who came from Hertfordshire, Eng- 
land, about 1640. 

Frederick was brought up on his father's 
farm and enjoyed only such advantages for 
education as the average ^'ermont farmer 
gives his children. He attended the district 
school in his native town until he was seven- 
teen years of age and afterward the ^Vestfield 
grammar school, the normal school at John- 
son and the Vermont Conference Seminary 
at Montpelier. 




FREDERICK W. BALDWIN. 

fT'At the age of twenty-two he entered the 
law office of Powers & deed at Morrisville 
and was admitted to the bar of Lamoille 
county at the December term, 1872, and 
soon afterward formed a copartnership with 
Gen. William \\'. Clrout which continued till 
1875. Since then Mr. Baldwin has been in 
the successful practice of his profession in 
Barton. 

In politics he has always been an ardent 
Republican. In 1872 he was elected assist- 
ant secretary of the state Senate and secre- 
tary of the same in i874,-'76,-'7S and state's 
attorney of Orleans county in 1880. He has 
been successively elected the Orleans county 
member of the Republican state committee 
since 1884. His ability as a member of that 
committee has been fullv demonstrated bv 



his having been elected the secretary and 
treasurer of the committee in 1886 and in 
1888 its chairman, which position he still 
holds. ']"his year, as a recognition of his 
zealous work for the party he was elected a 
l)residential elector at large for Vermont, and 
was the messenger to carry the vote of Ver- 
mont to Washington. Mr. Baldwin has 
always been deeply interested in biography 
and history, especially that of Vermont, and 
his library of Vermont books is one of the 
choicest in the state. In 1886 he published 
the " Biography of the Bar " of Orleans 
county, containing a sketch of every lawyer 
admitted or who had practiced in that county 
since its organization. Mr. Baldwin has 
given liberally of his time and money for the 
development of business in Barton Village, at 
present being a stockholder and secretary of 
two corporations for that purpose, the Bar- 
ton Manufacturing Co. and Barton Hotel Co. 

Mr. Baldwin belongs to the Congrega- 
tional church and has labored earnestly in 
its behalL 

He married Miss Susan M. Grout, Sept. 
24, 1873, by whom he had one child, Edward 
(Irout Baldwin. Mrs. Baldwin died in 1876. 
Mr. Baldwin was united in a second marriage 
Oct. 28, 1878, to Miss Susan M. Hibbard of 
I!rooklyn, N. V. 

BALL, Franklin P., of Rockingham, son 
of Abraham and Hannah (Edwards) Ball, was 
born in Athens, May 2, 1828. 

His education was derived from the cus- 
tomary course at the common schools of the 
times. 

His early life being spent at the home of 
his parents, he removed at the age of twenty- 
three to Springfield where he resided and 
was engaged in manufacturing for thirty 
years, during this time occupying many 
responsible positions and representing that 
town in the General Assembly of i867-'68. 
In 1883 Mr. Ball removed his manufacturing 
business to Bellows Falls in the town of 
Rockingham, and since that time he has 
successfully conducted his business from this 
point. 

Politically Mr. Ball has always afifiliated 
with the Republican party and at its hands 
he has been honored with positions of trust, 
representing the town in the Legislature of 
i88S-'90, serving on the committee on rail- 
roads, and also as a senator from Windham 
county in 1892. 

Mr. Ball offered his sen-ices to his country 
when the call was made, but owing to his 
constitution was not accepted. 

Mr. Ball first married Margaret Wilson in 
May, 1852. She died in January, 1855, with- 
out issue. He contracted a second alliance 
with Elizabeth, daughter of Asa and Margaret 
^[eacham, in July, 1857. This union has been 



1 8 



blessed with four children : Margaret E., 
C.eorge F., Everett M., and Winifred E. 

Mr. Rail's religious preference is that of 
the Methodist Episcopal faith, and he has 





admitted to practice in the I'nited States 
district and circuit courts. 

Mr. Ballard has obtained a well-earned 
distinction in the practice of his profession, 
and while he has the reputation of being one 
of the best criminal lawyers in the state, he 
has also been equally successful in the trial 
of civil cases. He is emphatically a trial 
lawver and as a jury advocate he stands 
among the best. His practice has not been 
confined to his own locality but has extended 
into many counties in the state. .Among the 
notable cases in which he has been engaged 
are the celebrated crim. co?!. case of Shackett 
against Hammond in Addison county; the 
National Bank of Brandon against John A. 
Conant et als, a suit to recover §125,000 lost 
by reason of alleged forgeries ; the Rutland 
Railroad Co. against e.\-Governor John B. 
Page, noted as the longest jury trial ever had 
in New England, lasting nine weeks ; the 
cases that arose out of the Hartford bridge 
accident against the Central \'ermont Rail- 
road Co. ; the slander case of Lizzie J. Cur- 
rier against J. B, Richardson in Windsor 
county ; State against Edwin C. Hayden for 
the murder of his wife at Derby Line ; and 
State against Smith for the murder of his 
wife by poison at Vergennes. He is an 



FRANKLIN P. BALL. 

been closely connected with the societies of 
both Springfield and Bellows Falls, always 
contributing liberally to their support. 

BALLARD, HENRY, son of Jeffrey B. 
and Amelia (Thompson) Ballard, was born 
in Tinmouth, April 20, 1839. 
;: His early education was obtained in Tin- 
mouth and at Castleton Seminary, and im- 
mediately after his preparatory studies he 
entered the LTniversity of Vermont, from 
which he graduated with high honors in the 
class of 1861, having been selected to de- 
liver the master's oration at the college com- 
mencement three years later. 

In September, 1S62, he became a student 
in the Albany (N. Y.) Law School and he 
graduated from that institution in May, 1863, 
and at the time of his graduation the Hon. 
Amos Dean, the founder and dean of the 
school, said of him that he was one of the 
best students that ever was graduated from 
that institution. He at that time gave prom- 
ise of what he has since been noted for — a 
popular and successful advocate. 

After his graduation, in 1S63, he at once 
entered the office of Daniel Roberts, Esq., 
of Burlington, and there remained until he 
was admitted to the bar in September, 1863, 
when he opened an office in that city, where 
he has resided ever since. In 1864 he was 




4 



HENRY BALLARD. 



effective speaker on political subjects, and 
since 1868 his services on the stump have 
always been in demand during political cam- 
paigns, not only in Vermont, but in New 
York, New Hampshire and Massachusetts. 
He has sometimes made as many as one 



liundred speeches in a single campaign. 
He is a ready sjjeaker upon all occasions 
and he has frequently appeared upon the 
lecture platform. 

Soon after the commencement of the civil 
war in the summer of 1861, and immediately 
after his graduation from college, Mr. ISal- 
lard enlisted as a private and was mustered 
into service as 2d lieutenant of Co. I, 5th 
Vt. Vols., and served with this regiment 
through the Peninsula campaign, being pres- 
ent at the battles of Lee's Mills, \\"illiams- 
burg and the seven days' fight before Rich- 
mond, but he was obliged to resign in July, 
1862, on account of ill health. 

Mr. Ballard belongs to the Republican 
party, and was elected to the state Senate 
from Chittenden county in i878-'79, serv- 
ing on the committees of judiciary, state 
prison, and federal relations. In i888-'89, 
he represented the city of Burlington in the 
lower branch of the Legislature and did 
•effective service on the judiciary and general 
committees, of which last body he was the 
chairman. He has been city attorney of 
Burlington for two years. In 1884 he was a 
delegate to the Republican national conven- 
tion at Chicago, where he was chairman of 
the important committee on credentials. 
There were forty-five cases of contested del- 
egates' seats before the committee and much 
•credit was given to him for the manner in 
which he acquitted himself in that responsi- 
ble and difficult position. He was one of 
the reading clerks at the Republican national 
convention in 18S8. 

He is a member of the Stannard Post, G. 
A. R., and was a delegate from that body to 
the national encampment in San Francisco, 
in 1 886, and has been judge advocate for 
that order in Vermont. For many years he 
has been a member of the Webster Histori- 
cal Society of Boston, and of the Home 
Market Club of Boston, also of the American 
Institute of Civics, New York City. He was 
a charter member of the A'ermont Command- 
ery of the Loyal Legion. He is a member 
of the .\lgonquin Club, Burlington, and of 
the Lake Champlain Yacht Club, and of 
the Vermont Fish and Game League. 

In religious belief he is an Episcopalian, 
and he takes an active interest in the Young 
Men's Christian Association. 

He was united in marriage, Dec. 15, 1863, 
to Annie J., daughter of Robert and Huldah 
(Bailey) Scott of Burlington, and he has 
four children: Kate (Mrs. James B. Hen- 
derson of Burlington), Frank Scott, Mary E., 
and Maude. 

BALLOU, HOSEA BeRTHIER, of Whit- 
ingham, son of Hosea Faxon and Mary 
(Ballou) Ballou, was born Jan. 8, 1826, in 
Monroe, Mass. His father was a L'^nixer- 



salist minister, and he is a grandson of the 
Rev. Hosea Ballou, father and founder of 
Universalism in .America. 

Mr. Ballou's education was obtained in 
the district schools and at the old Whiting- 
ham Academy. Early in life he served an 
apprenticeship and became a carpenter and 
joiner, which occupation has employed him 
more or less during his life. 

Mr. Ballou has held every town office of 
importance, has been town clerk continuously 
since 1857, and was assistant clerk for fourteen 
years previous to that time ; this is a record 
of service unsurpassed by any in the state. 
He was deputy sheriff for some fifteen years, 
and has been a justice of the peace for a long 
period. In 1876 he was made an assistant 
judge of the county court, and held that 
office six years. 

In his political views Judge Ballou is a 
Republican. In the time of the war he was 
enrolling officer for his district, and was 
active in filling the required quotas, and 
urging men to enlist. He has never belonged 
to any secret societies, and is a ilniversalist 
in his religious preferences. 

Perhaps no man in his vicinity has oltener 
been called upon as an arbitrator ; and for 
forty-five years he has been conspicuously 
engaged in probate matters. 

Judge Ballou was married June 22, 1856, 
to Adelia A., daughter of Samuel and Mercy 
(Bowen) Murdock. Of this union there is 
one daughter : Flora A. (Mrs. F. D. Stafford 
of North .Adams, Mass.) 

BARNEY, Herbert R., of Chester, son 
of Allen and Mary L. (Willet) Barney, was 
born in Shrewsbury, .August 27, 1S56. 

He received his early education in the 
public and private schools of Shrewsbury. 
Leaving home at the age of fifteen he went 
to Plattsburg, N. Y., remaining there one 
year as clerk and telegraph operator. Re- 
turning to Shrewsbury at the age of nine- 
teen, he assumed the responsible position of 
train dispatcher, the duties of which he dis- 
charged for two years. In 1877 he settled 
at Chester, and has acted in the capacity of 
station agent there till the present time. 

He was elected as a Republican to the 
Legislature of 1888, and was an efficient 
member of the committee on corporations. 
He has been a prominent member of the 
Masonic order, holding several eminent po- 
sitions, as well as Past Grand of Chelsea 
Lodge, No. 39, of I. O. O. F. 

He married, June 7,1880, F.mma F., daugh- 
ter of Alden and Mary (Stuart) Howe of Lud- 
low. They have one child : Florence M. 

BARRETT, BYRON SIMEON, of Bur- 
lington, son of Solomon and .Apphia (Mil- 



ler) liarrett, was born in Madrid, N. V., Dec 
II, 1 83 1. 

His father, Solomon Barrett, was well 
known as the anthor of a series of gram- 
mars of the English, Latin, Greek, German 
and French languages, and the subject of 
this sketch was also the author of a work on 
English grammar, having been educated at 
the Utica (N. Y.) Academy and the Roches- 
ter Collegiate Institute. 

He married, June 6, 1855, Ellen P., daugh- 
ter of Jacob and Rispah (Burlingame) Jones 
of Madrid, X. V. Four children have been 
born to them, all now living : William Wal- 
lace, Nellie (Mrs. E C. Browne), John Fran- 
cis, and Franklin Clark. 




BYRON SIMEON BARRETT. 

From i860 to 1869 Mr. Barrett was asso 
ciated in business with the firm of John F. 
Henry & Co., druggists, and had the man- 
agement of the Montreal branch of their 
business. He then removed to New York 
where he was associated with Mr. Henry in 
the New York house. He then engaged in 
printing and literary work and contributed 
for several years to Puck and other metro- 
politan journals. 

He visited Pairope and spent two years 
in traveling through the states and territo- 
ries west of the Missouri ,and from the mate- 
rial gathered during the course of his trav- 
els there he has prepared a lecture entitled 
"Out West," which he is now delivering. 

In 1889 he located at Burlington and es- 
tablished the newspaper The Earth, and in 



1893 his firm, Barrett cS; Johnsons, bought 
the Vermont Farmers' Advocate and since 
then he has had editorial' charge of both 
papers. 

Mr. Barrett has never been an office- 
seeker, but did some campaign work for 
.Abraham Lincoln in 1859, and during his 
residence of nearly twenty years in Brook- 
lyn, N. Y., he was active in Republican pol- 
itics and was for several years connected 
with the Sons of Temperance and Good 
Templars, and was at one time an officer in 
the Grand Lodge of the S. of T. in the 
Province of (Quebec. He is also an ama- 
teur musician of some note, having com- 
posed over sixty vocal and instrumental 
pieces that have been published by 1 )itson 
and other publishers. 

Mr. Barrett is not a native Vermonter, but 
has cast his lines with us and takes a deep 
interest in the welfare of the people of this 
state, whose interests he conserves in both his 
papers with all the ability he can command. 

BARSTOW, JOHN L., of Shelburne, 
son of Heman and Lorain (Lyon) Barstow, 
was born in Shelburne, Feb. 21, 1832. His 
parents were of English descent, and several 
of his ancestors served in the colonial and 
Revolutionary wars. 

He received his education in the schools 
of his native town, and began to teach in the 
district school at the age of fifteen. He 
went West at an early age and was engaged 
in active business in Detroit, but in 1857 
returned to Shelburne and began farming, 
assuming the charge of his aged parents. In 
the fall of 1 86 1, while serving as assistant 
clerk in the House of Representatives at 
Montpelier, he was appointed on the non- 
commissioned staff of the 8th Regt. Vt. Vols., 
and was afterwards successively promoted 
to the rank of adjutant, captain, and major, 
and was honorably discharged at the e.xpira- 
tion of his term of service June 22, 1864. 
He entered the service with robust health 
and vigorous constitution, but nearly three 
years of arduous service in the swamps and 
miasmatic climate of Louisiana shattered 
both, and for many years malarial diseases 
deterred him from entering upon any active 
business pursuit. W'hen he was made major, 
the rank and file of his old company pre- 
sented him with a beautiful sword, and when 
he left the regiment, the men who were mus- 
tered out with him presented him with 
another still more elegant. These two 
memorial gifts are justly preserved with great 
pride as evincing the regard of the enlisted 
men after thev had served with him in the 
field. 

The historian of his regiment says : "When, 
after the bloody fight of June 14, 1863, in 





'^^^^^^, 



'^^i/?/ 



front of I'ort Hudson, (ieneral Banks called 
for volunteers to head a storming column 
for a final attack, Captain Barstovv was one 
of the brave men who stepped forward to 
form the forlorn hope." He was acting 
adjutant general under Generals Thomas 
and W'eitzel ; participated in all the engage- 
ments in which his regiment took part; was 
complimented for eminent service in the 
field, for gallantry in the assault on Port 
Hudson, and honorably mentioned for his 
personal services. He had hardly reached 
home after leaving the army before he was 
called into state service by the offer of a 
responsible position in the recruiting service 
by Adjutant General Washburn, which office 
he was obliged to decline on account of 
shattered health. In September, 1864, he 
was elected a member of the Legislature, 
and it was during this session that the St. 
Albans raid occurred. At the request of 
General Washburn, Major Barstow immedi- 
ately repaired to the scene of action and was 
sent into Canada on a special mission, sub- 
sequently was made commander of one of 
the brigades of militia raised by the state in 
consequence of that daring raid. He was 
jjlaced in command of the forces on the 
northwestern frontier of the state, and re- 
mained on duty until relieved by General 
Stannard in January, 1865. In September 
of that same year he was again elected to the 
Legislature by the unanimous vote of his 
town, and in the years 1866 and 1867 he 
was elected senator from Chittenden county. 
In 1870 he was appointed by President 
Grant to the office of U. S. pension agent at 
Burlington which he held for nearly eight 
years. He at once set about reforms that 
were of great benefit to the needy pensioner, 
and so discharged the duties of the office as 
to call from Hon. Carl Schurz, then secre- 
tary of the interior, an autograph letter of 
thanks. In 1879 Governor Proctor appointed 
him state commissioner for the centennial 
celebration of the surrender of Cornwallis at 
Vorktown, and he rendered effective service 
in securing government aid for the under- 
taking, and for the monument, and in the 
arrangements for the celebration. 

In 1880 he was elected Lieutenant-Ciov- 
ernor for the biennial term, and in 18S2 was 
elected (lovernor, the nominations to each 
office having been made by the unanimous 
vote of the respective conventions. He was 
the first Governor of Vermont to call the 
attention of the law-making power to the 
alleged discriminating and excessive rates 
of freight by transportation companies, and 
urged the creation of an effective railroad 
commission. 

Colonel Carpenter, in his history of the 
8th regiment, says : "The Ely riots occurred 
during Governor Barstow's term of ofifice. 



and his course in requiring that justice 
should precede force, and that the riotous 
miners be paid their honest dues, attracted 
much favorable comment throughout the 
country." 

The resolution of the Legislature of 1884, 
requesting the Vermont delegation in Con- 
gress to use their best efforts to secure the 
passage of the interstate commerce law, was 
passed in pursuance of Governor Barstow's 
recommendation. At the close of his ad- 
ministration the Rutland Herald gave utter- 
ance to the general opinion of his constit- 
uents when it declared that "he had been as 
careful, independent, able and efficient a 
ruler as Vermont had enjoyed for twenty 
years." 

The above sketch might be largely ex- 
tended, as he has held many other appoint- 
ments of trust and honor, such as president 
of the Officers' Reunion Society ; trustee of 
the University of Vermont and State Agri- 
cultural College : trustee of the Burlington 
Savings Bank ; commissioner to fix and pur- 
chase a site for the Bennington battle monu- 
ment, etc., etc. In 1891 he was appointed 
by President Harrison to serve on a com- 
mission with Gen. A. McD. McCook, U. S. 
A., to treat with the Navajoe Indians, and 
the work was brought to a successful and sat- 
isfactory conclusion. He was also disbursing 
officer of the commission, and to the aston- 
ishment of the treasury officers, returned 
nearly one-half of the appropriation for 
expenses. In 1893 at the request of Gov- 
ernor Fuller he has acted with the executive 
committee of the national anti-trust society. 
In regard to these elective offices it can l)e 
stated, as was said by Ashael Peck when he 
was elected Governor, "Neither solicitation 
nor hint of ambition for this dignity ever 
emanated from him." Governor Barstow 
never directly nor indirectly solicited the vote 
or influence of any man for any elective office. 

He is, in religious preference, an Episco- 
palian, and has been a Mason since 1853 ; he 
is also a member of the Grand Army and 
Loyal Legion. 

He was married Oct. 28, 1S5S, to Laura 
Maeck, granddaughter of Dr. Frederick 
Maeck, the first physician settled in Shel- 
burne. Mrs. Barstow died March 11, 1885, 
leaving two sons : Frederick M., born March 
3, i860, who was graduated from the Uni- 
versity of Vermont in 1880, and is now a 
civil engineer; and Charles L., born May 23,. 
1867, who was graduated from Union Col- 
lege in 1889, and is now in New York City. 

BARRON, Lyman P., of Washington, 
was born in Washington, Nov. 27, 1820. 

His grandfather, Isaac Barron of Brook- 
field, Mass., held the commission of lieuten- 
ant in the Revolutionary army signed by John 



Hancock, president of the Continental Con- 
gress, was captured by the British and held 
a prisoner in an E nglish man-o'-\var for 
several years. His family supposed him 
dead. Recaptured after a daring attempt 
to escape, during which he suffered incredi- 
ble peril and hardship, he was at length 
exchanged, and, with a bullet in his thigh, the 
unfortunate result of his effort to free himself 
from prison, he was restored to his family 
and was soon afterward drowned in the Con- 
necticut river. His son Eleziah, when a boy 
often, in the company of Thaddeus White, 
went from Hanover to \Vashington, then a 
wilderness, over a route marked by blazed 
trees a distance of forty miles, whence the 
boy returned alone. Soon the family re- 
moved to W'ashington. In due time Eleziah 
married and the subject of this sketch was 
the youngest of ten children. His mother's 
maiden name was Albea Dickenson. 

Mr. Eyman Barron has lived upon his 
farm for fifty-two years, an active and influ- 
ential man in business and public affairs, 
represented Washington for six years in the 
Legislature, has served as sheriff or deputy 
sheriff a nearly continuous term since 1S50, 
a position for which he is well adapted from 
his shrewd perception and fearless action. 

He married, March 22, 1852, Emily A., 
daughter of Henry and Betsey (Little) (God- 
frey. They have one daughter : Ada Louise 
(Barron) Dwinell of Taunton, Mass. 

BATES, Edward L., of Bennington, son 
of William and Melissa (Scribner) Bates, was 
born in Bennington, June 24, 1869. 

He received his education in the graded 
schools of Bennington, supplemented by a 
course of instruction at the Kimball Union 
Academy, Meriden, N. H. Choosing the 
legal profession as a business of life, in 1875 
he entered the office of Gardner & Harman, 
of Bennington, where he remained until 
1S82, when he formed a partnership with 
James K. Batchelder, Esq., which continues 
to the present time. 

Mr. Bates was admitted to practice at the 
bar of the Bennington county court June 
12, T882, and more recently to that of the 
United States district and circuit courts. 
He has also been appointed United States 
commissioner for Vermont. 

Though a general practitioner he gives 
especial attention to criminal and office 
practice. Outside of his profession he deals 
largely in real estate in Bennington, Peters- 
burg and Cambridge, N. Y. 

He is a firm adherent of the Republican 
party, and through their votes has been ap- 
pointed to many positions of trust and honor. 
For several years he discharged the duties 
of auditor and village clerk in Bennington, 
was state's attorney, and was commissioned 



by Governors Page and l'"uller as special 
prosecutor of criminal offences. He has 
acted as corporation counsel for the village 
of Bennington, and was secretary of the 
citizens' committee of fifty at the dedication 
of the Bennington battle monument. In 
1892 he was made a member of the staff of 
Governor Fuller, with the rank of colonel. 
He is very active in town and ])olitical affairs 
and is an eloquent and powerful orator in 
political campaigns. 

Colonel Bates was united in wedlock in 
May, 1882, to Jennie M., daughter of Buel 
and Mary (Fames) Rockwood, who died in 
1884. He contracted a second alliance May 
17, 1887, with Estella, daughter of Perry W. 
and Lucy (Green) FJbred, of Hoosick, N. Y. 
Of this latter marriage there are issue Beulah 
Bell and William Leroy Bates. 

Colonel Bates is a member of the Baptist 
church and of the Masonic order, having 
held several offices in the local lodge as well 
as that of Grand Orator of the Lodge of Per- 
fection. He belongs to the Bennington 
Council and the Oriental Temple of Nobles 
of the .Mystic Shrine, and he has also affili- 
ated with Tucker Lodge, I. O. O. F. 

BAXTER, Edward K., of Sharon, was 
born in Barton, Feb. 3, 1840, the youngest 




EDWARD K. BAXTER. 

in a family of seven children of Harry and 
Deborah (Steele) Baxter. 

.\fter the death of his father he removed 
to Sharon and lived with an uncle, and this 
town has since been his home. 



24 



His education was received at the com- 
mon schools and Kimball Union Academy, 
Meriden, N. H. He studied medicine with 
Drs. Dixi and A. B. C'rosby of Hanover, X. 
H., attended three courses of lectures at 
Dartmouth Medical College, and one course 
at the College of Physicians and Surgeons, 
New York, and graduated at Dartmouth Med- 
ical College in 1S64. Has been assistant 
phvsician at the Hartford, Conn., Insane 
Retreat, and at Sanford Hall, a private asylum 
at Flushing, L. I., and is a member of the 
State Medical Society and of the American 
Medical Association. 

Dr. Baxter is a Republican, and has always 
been active and prominent in the politics of 
the town, having for several years served as 
chairman of the town committee, superin- 
tendent of schools and represented the town 
in the General .Assembly of 1886. 

Not being dependent on the practice of 
his profession he has had time and oppor- 
tunity to indulge a natural fondness for agri- 
cultural pursuits and the study of the natural 
sciences, especially botany, mineralogy, orni- 
thology and microscopy. 

He was one of the principal organizers and 
promoters of the Sharon Co-operative Cream- 
ery Association, and has served as its presi- 
dent and treasurer. 

Owing to impaired health and the pressure 
of business cares. Dr. Baxter has recently 
withdrawn from the practice of his profes- 
sion, and will henceforth devote himself to 
the care of his own business and the execu- 
tion of certain large and important trusts 
now devolving upon him. 

Religiously Dr. Baxter is a Congregation- 
alist, and for many years has been clerk and 
treasurer of the church and society in 
Sharon, and its most liberal friend and sup- 
porter. Humane, philanthropic and educa- 
tional work have claimed his interest and 
support to a considerable degree, as a recent 
gift of five thousand dollars to Kimball Union 
Academy in her hour of need can testify. 

Dr. Baxter was married, Sept. 5, 1880, to 
Sarah S., daughter of Col. Gardner and Susan 
(Steele; Burbank. 

BEAN, Cromwell Phelps, of West 

Glover, was born in the town of Glover, 
.April 4, 1846, was the son of .Amos Phelps 
and Phila E. (Sartwell) Bean. 

Since his education at the public schools 
and Orleans Liberal Institute he has devoted 
himself to the cultivation of the old home- 
stead. He has also extensively dealt in farm 
products and is an extensive breeder of 
Morgan and George Wilkes horses. 

.A strong Democrat in politics he has held 
about every town office that could be con- 
ferred upon him, and in 18S2. by the help 
of the Republicans, was elected to the Leg- 



islature, being the first Democrat who had 
been sent there since his father in 1859. 

He is a member of Orleans Lodge, F. & 
.A. iM., and his religious preferences are those 
of Universalism. 





CROMWELL PHELPS BEAN. 

He married, Dec. 22, 1S67, .Alpa M., 
daughter of Ira and Lavina (Camp) Emery 
of Burke, by whom he has had two chil- 
dren : Carl W., and Ida L. 

BECKETT, George, of Williamstown, 
son of William S. and Polly (Pool) Beckett, 
was born in Williamstown, May 14, 1833. 
The father was a prominent and highly re- 
spected citizen of that town, filling several 
offices of trust and usefulness : thirty years 
justice of the peace, town clerk thirty-five 
years, and captain of the local militia com- 
pany, besides being four times representative 
from the town. The son received a common 
school education only, which he has sup])le- 
mented by extensive reading and intelligent 
self-culture. He has been successful in bus- 
iness, amassing a modest competence, a part 
of which he has invested in real estate in his 
native town. He has been influential in found- 
ing several stock companies, especially the 
Williamstow-n Granite Co., giving a great im- 
petus to the business of that place. As 
librarian he has been an untiring worker for 
the \^'illiamstown Social Library, which was 
started in 1801 with only thirty-five volumes. 

Mr. Beckett is a Democrat, is town clerk 
and treasurer, having held these positions for 



more than ten years. He was an incorpora- 
tor of the Barre Savings Bank & 'I'rust Co., 
and now holds the position of treasurer, anil 
is a deacon in the Congregational church. 

He married, June 21, i<S55, Belle R., daugh- 
ter of Calvin and Dolly ( Delano) Flint. I'hey 
have one son, Charles Henry, who graduated 
with distinguished honors at Dartmouth and 
afterwards at Columbia Law School. He is 
the author of "Who Is John Noman?" and is 
now a member of the eminent law firm of 
Booraem, Hamilton, lieckett tv Ransom, of 
New York City. 

BEDELL, Henry EdSON, of Newport, 
son of James G. and Amanda (Smith) 
Bedell, was born in Troy, July 26, 1836. 

He was educated in the district schools of 
AVestfield and before the war was a farmer, 
while his present occupation is that of an 




HENRY EDSON BEDELL. 

auctioneer. In August, 1862, he enlisted in 
Co. D, nth Regt. In this organization he 
was successively promoted from private 
through the grades of corporal and ser- 
geant to that of 2d lieutenant. The regi- 
ment was first stationed in the defenses of 
Washington, but was afterwards engaged in 
the battles of Spottsylvania, Cold Harbor, 
and on the \\elden R. R. ; returned to 
\Vashington, and driving back the rebels 
at Berryville, then up the Shenandoah Val- 
ley, again returned to Washington and was 
afterwards detached to Harper's Ferry and 
after many forced marches and skirmishes 
around that place finally met the enemy at 



UKNEDICT. 25 

( )pe(iuan, where Lieutenant Bedell, acting 
as captain of the second company was 
struck by a shell which carried off his left 
leg and injured him severely in the right 
hand. He was conveyed to the temporary 
hospital on the field and suffered the ampu- 
tation of his leg. A few days later the sick 
and wounded were ordered to be transferred 
to Harper's Ferry .As Lieutenant iiedell 
was so much exhausted it was impossible to 
move him and he was left in the hands of 
the rebels, and would have perished had it 
not been for the kindness of a rebel lady in 
the neighborhood of the battlefield, who 
removed him to her own house and though 
her means could but barely furnish the 
necessities of life she nursed him with such 
care and attention that he was finally able 
to be transported within the Union lines. 

Lieutenant Bedell married, March 3, 1856, 
Kmeline, daughter of .Aaron and JAicinda 
(Hitchcock) Burba of Westfield. Si.K chil- 
dren have been born to them : De Etta L 
(died March 9, 1879), Lucena A. (Mrs. Nol- 
ton McClaflin of Montgomery), Alden N. 
(died Nov. 3, 1892), Herman A., Betty 
Nanny, and James .A. 

Mr. Bedell is a Republican and while in 
Westfield acted as the constable of the town 
.■\fter the close of the war he was for twenty 
years an employe of the LTnited States as 
custom house officer. For five years of this 
period he was stationed at Richford and 
Berkshire and for fifteen years discharged 
the duties of inspector and deputy collector 
at Newport. 

He is a Methodist in his religious creed ; 
was one of the charter members and found- 
ers of Baxter Post, No. 5 i, (i. -A. R., and has 
been its junior commander. 

BENEDICT, George Granville, son 

of Ceorge Wyllys and F,liza( 1 )ewey) Bene- 
dict, was born in Burlington, Dec. 26, 1826. 

Mr. G. G. Benedict prepared for matricu- 
lation at college in the academy at Burling- 
ton, entered the L'niversity of Vermont and 
graduated with honors in 1847, receiving 
the degree of Master of Arts in 1S50. In 
1865 he was elected member of the corpo- 
ration of the university and was also ap- 
pointed its secretary. 

Subsequent to his graduation Mr. Bene- 
dict taught in the city of New York for about 
twelve months, and for the three following 
years was employed in building the lines of 
the Vermont & Boston Telegraph Co. In 
1853 he acquired a proprietary interest in 
the daily and weekly Burlington Free Press, 
became associate editor, and is now editor- 
in-chief of the same paper. He was also 
postmaster of Burlington and president of 
the Vermont & Boston Telegraph Co. from 
i860 to 1864. 



26 



In August, 1862, he enlisted as a private 
in Co. C, 1 2th Regiment, Vermont Vohmteer 
Militia. In January, 1S63, he was promoted 
to a lieutenant, and later was appointed aid- 
de-camp on the staff of Gen. George J. Stan- 
nard, commanding the 2d brigade of ^■t 
Vols. At the expiration of Lieutenant Hen- 
edict's term of service he was honorably dis- 
charged on the 14th of July, 1863. In 1865 
he held the office of assistant inspector gen- 
eral with the rank of major. 

In 1866 he was appointed aid-de-camp 
on the staff of CJov. Paul Dillingham, with the 
rank of colonel. In 1869 he was elected to 
the state Senate from Chittenden county, 
and served in the committees on education 
and military affairs. Re-elected to the same 
body in the following year, he served therein 
as chairman of the committee on education 
and in the committee on military affairs. 

In civil life Colonel Benedict also served 
as director of the old Farmers' and Me- 
chanics' Bank. Very appropriately, too, in 
view of his antecedents, he has been cor- 
responding secretary of the \'ermont His- 
torical Society for a long series of years. In 
1879 Colonel Benedict was appointed by 
Governor Proctor state military historian to 
prepare a history of the part taken by Ver- 
mont in the war for the Union, which work 
he did with painstaking care and great liter- 
ary ability. 

He was married on the 27th of October, 
1853, to Mary Anne, daughter of Edward 
and Abigail Frances (Warner) Kellogg of 
Canaan, N. Y. One daughter was the issue 
of this union. Mrs. Benedict died on the 
9th of November, 1857. Mr. Benedict mar- 
ried as his second wife on the 2 2d of Decem- 
ber, 1864, Catherine Almira, daughter of 
the Rev. Alvin Pease, D. D., and Martha 
(Howes) Pease of Rochester, N. Y. A daugh- 
ter, who died in infancy, and one son were 
the fruits of his second marriage. 

BENTON, JOSIAH H., of Maidstone son 
of Samuel S. Benton, was born in Waterford, 
Aug. 8, 1816. 

He received his education in the common 
schools of Waterford and St. Johnsbury and 
at Lyndon .\cademy, concluding his studies 
at Burr Seminary, Manchester. He left his 
paternal home at the age of seventeen to 
pursue his education, relying on his own 
unaided efforts to effect this praiseworthy 
endeavor. After teaching several successive 
terms at Belchertown, Mass., and Montpelier, 
and in the meanwhile pursuing his theolog- 
ical studies, he was ordained as minister of 
the Congregational church and settled in 
West .\ddison, but soon went to Northfield, 
and afterwards to Michigan as a conventional 
delegate and settled at Clinton, Mich. Then 
he received a call to Port Huron, but in a 



year returned to Clinton. Malaria compelled 
him to return East. He now resides upon 
his farm of eight hundred and fifty acres 
on the Connecticut river. " * ^ 

An outspoken advocate of the Republican 
party, Mr. Benton has filled several impor- 
tant town offices and was a member of the 
constitutional convention in 1870. 

He married at Putney, August 12, 1841, 
Martha E., daughter of David and Hulda 
Danforth. From this marriage there were 
four children : Josiah H., Jr., Martha E., 
Mary, and Robert. At Newbury, Oct. 9, 
1856, he married for his second wife Harriet 
B., daughter of Nathaniel and Silence Niles. 
From this union there were eight children : 
Samuel S., Harriet Mari