.:>'.'«,', -'i'-A i^ :-*" \ *2 WHITINGHAM, VERMONT nevertheless, and We do hereby for us, our heirs and Successors direct and appoint, that this our present Grant shall be registered and entered on Record within six months from the date thereof in our Secretary's Office in our City of New York in our said Province in one of the Books of Patents there remaining and a Docquet there- of shall be also entered in our Auditor's Office there for our said Province and that in default thereof this our present Grant shall be void and of non Effect, any thing before in these Presents contained to the contrary thereof in any wise notwithstanding, and We do moreover of our especial Grace, certain Knowledge and Meer Motion Consent and agree that this our present Grant being registered, recorded and a Docquet thereof made as before directed and appointed shall be good and effectual in the Law to all Intents, Constructions and Purposes whatsoever against us, our heirs and Successors notwith- standing any misreciting, misbounding, misnam- ing or other Imperfections or Omissions of in or in any wise concerning the above granted or hereby mentioned or intended to be granted Lands, Tenements, Hereditaments and Premises or any part thereof. In Testimony If hereof We have caused these WHITINGHAM, VERMONT 33 our Letters to be made Patent and the Great Seal of our said Province of New York to be here- unto affixed. Witness our said trusty and well beloved Cad- wallader Golden, Esquire, our said Lieutenant Governor and Commander in Chief of our said Province of New York and the Territories de- pending thereon in America at our Fort in our City of New York the twelfth day of March in the Year of our Lord one thousand seven hun- dred and seventy and of our Reign the Tenth. Second Skin, the word any in the twenty- fourth being first interlined. — Clarke. In the preceeding Certificate and Letters re- corded for Nathan Whiting and others, page §2 Line 75 the word "thereof" is interlined. Ex- amined and compared this I^ March, ITJO, By me. Geo. BanYER, D. Sec'ry. Recorded in Book IS, page 51 &c. 34 WHITINGHAM, VERMONT Plan of Whitingham at Time of Charter March 12, 1770. Draper 124 ohaioa 178 chaina 178 chains Lieut. Culeton 2,000 tcrea 169-2 Capt. Walknr 3,000 acrba Lieut. Etherinfton 1,000 acn* u Lieut. Nordberih 2.000 acres g 3 1 Fitch'l 6,900 acrea N 9 ha Lieut. Gamble 2,000 acres Lieut. Eddington 2,000 acres Capt. Whitinc 3,000 acres a J3 00 SScboiiu 118i chains llSi chains 178 chains 480 chains ProTince of Massachusetts Bay Tree Comer of Cumberlaod Thus was Whitingham chartered and sur- veyed, more carefully than any surveying has since been done until recently. In surveying WHITINGHAM, VERMONT 35 these lands more than fifty acres in each thou- sand were allowed for "highways" or "bad and unprofitable acres," so that the entire 23,040 acres were covered or six miles square. These grantees were officers in the French and Indian wars. Thomas Etherington received a part of the thirty thousand dollars paid by Vermont to New York as a compromise for grants made in Vermont, but whether it was for the grant in this town or not I do not know, nor have I learned what, if anything, Lieut. James Edding- ton, Lieut. John Nordbergh or Lieut. Dennis Carleton did in relation to their grants, but the "land grabbers" not of New York, seized a large part of them. Samuel Darby built a house and had posses- sions on T. Etherington's patent as early as 1776 and November 5 of that year gave Silas Hamil- ton authority to sell the same. — Green Leaves, page I02. With or without right, Silas Hamilton was living in that part of the town soon after the charter was granted, and probably built a house there that year. He built the first hotel in town on the place known as the Addison Eames place. About the year 1780 he and seven associates petitioned for a grant of three thousand acres. 36 WHITINGHAM, VERMONT to the authorities of Vermont, and their petition was granted as follows: (L.S.) State of Vermont The Governor; Council and General Assembly of the Free- men OF Vermont. To all people to whom these presents shall Come, Greeting : Know Ye that whereas it has been represented to us by our worthy friend Silas Hamilton and associates, that there is a certain tract of Vacant land within this State, which has not been here- tofore granted, which they pray may be granted to them, we have therefore thought fit for the due encouragement of settling a new plantation within this State and other valuable considera- tions us hereunto moving and do bv these Pres- ents in the name and by the authority of the free- men of Vermont give and grant unto the said Silas Hamilton and the several persons here- after named his associates, viz. : Thomas Sterns, John Butler, James Roberts, Abner Moor, James Angel, Charles Dodge, and Eliphalct Hyde, bounded as follows, viz. : Beginning at the southeast corner of Wilmington and the northeast corner of Whitingham beach tree marked P. P. M. thence bounded on Wilming- WHITINGHAM, VERMONT 37 ton north eighty degrees west 176 chains and 25 links to a small maple tree marked P. P. M. thence south 10 degrees west 171 chains and 25 links to a large beach tree marked M. E. 1 1 1 thence south eighty degrees east 176 chains and 25 links to a large hemlock tree on Halifax line, thence bounded on Halifax line north 10 degrees east 171 chains and 25 links to the first mentioned bounds, containing three thousand acres. And the said tract of land is hereby declared to be joined to the Township of Whitingham or entitled to receive equal privileges and immuni- ties in connection with said town as other cor- porated Towns within this state do by law exer- cise and enjoy. To have and to hold the said granted premises with every appurtenance and privilege to them and their respective heirs and assigns as above described to their free and full enjoyment forever. In Testimony whereof we have caused the seal of this State to be affixed this 15th day of March, A.D., 1780, and in the third year of the independence of this State. Thomas Chittenden. Jonas Fay, Sec'y. This was evidently intended to cover the same territory as the grant to Lieutenant Nor Ibergh 38 WHITINGHAM, VERMONT and Etherington, though the distance given is a little less. The State asked for this grant six thousand shillings, but June 8, 1780, reduced the price to three thousand, money made good as in 1774. This is now known as Hamilton's Grant. Feb- ruary 23, 1781, the General Assembly of Ver- mont passed a resolve that a grant of land be made to Robert Bratton and seven associates in the northeast corner of Whitingham of five thousand acres. — Jillson's address. If this is not a mistake in copying it certainly is in statement for the grant was made for two thousand acres, November 22, 1782, and in the northwest comer, and covered the lands form- erly granted to Lieut. Carleton, and to Bratton and six associates. The petition called for 5,000 acres, but before the grant was made, October 22, 1782, a grant covering the grant to Capt. John Walker, was made as follows: "Tuesday, October 22, 1782. Resolved that there be and is hereby granted and conferred to Messrs Samuel Wells, Jona- than Hunt and Arad Hunt three thousand acres of land lying in Whitingham with the usual WHITINGHAM, VERMONT 39 allowances for highways in such proportion as they heretofore claimed the same under a grant from the late government of New York, for such fees the Governor and Council shall judge reasonable, upon this condition that the said Grantees convey to each settler now actually dwelling on said land, one hundred acres to be laid out in such form as the committee herein- after named shall direct, and to include the im- provements made by such settler within four- teen days after such settler shall have paid or secured to be paid to the said grantees to the satisfaction of said Committee such sum or sums of money as said committee shall judge just. Provided That the said grantees shall not be holden to convey as aforesaid except as to such settlers who shall pay or secure the payment as aforesaid within one month after such committee shall have determined the price to be paid by them and notice thereof given to them respec- tively, said land hereby granted bounded as fol- lows, viz. : Beginning at the northwest corner of a tract of land granted by the late government of New York to Lieut. Thomas Etherington, and runs thence north 80 degrees west 178 chains, thence south 10 degrees west 177 chains, thence south 80 degrees east 178 chains, thence north 40 WHITINGHAM, VERMONT 10 degrees east 177 chains to the place of begin- ning, and further Resolved that Col. Zadock Granger and Capt. Whittemore of Marlborough and Luke Knowlton, Esq., of New Fane or such other person or persons as the parties shall mutually agree on shall be a committee for the purpose aforesaid." John Walker seems by some kind of arrange- ment to have transferred his three thousand acres to Col. Samuel Wells of Brattleboro and he in turn to Jonathan and Arad Hunt of Ver- non, then called Hinsdale. It would be interest- ing to know whom these settlers were. March 6, 1774, when Col. Wells owned this grant he mortgaged it to William Wincher of New York, and September 8, 1774, he deeded lot No. 1 of this grant to Hezekiah Leffenwell, who in two days mortgaged it back to Wells. See Cumberland Deeds. Why, if Samuel Wells owned the Walker grant should he ask a grant from Vermont, then in a new and uncertain state, and with uncertain authority; and why did he ask a grant of land he had already sold, unless he had taken back the Leffenwell lot? But he had not, for Leffen- WHITINGHAM, VERMONT 41 well sold it, and the title is regular down to this date. What, if anything, was done under the com- mission I am not informed. There was a supplementary grant to the Hunts as follows: I The Governor, Council and (L. S.) [ General Assembly of the State I OF Vermont. To all persons to whom these presents shall Come, Greeting: Knov/ Ye That Whereas Jonathan Hunt and Arad Hunt, Esquires, our worthy friends, have by petition requested and obtained a grant of land within this State for the purpose of Settle- ment, we have therefore thought fit for the due encouragement of their laudable designs and in consequence of their faithful performance of the conditions of the grant of land aforesaid, and do by these presents and in the name and by the authority of the freemen of the State of Ver- mont, give and grant unto the aforesaid Jonathan Hunt and Arad Hunt their heirs and assigns forever the lots or pieces of land hereafter bounded and described as follows, to wit: 42 WHITINGHAM, VERMONT Three lots in the Township of Whitingham, being a part of three thousand acres granted to Capt. John Walker, a reduced officer, said lots containing one hundred and ninety-six acres in each lot and are numbered two, three and five as expressed in a certain indenture of release made to the said Jonathan Hunt and Arad Hunt by Samuel Wells and is contained in a grant made by the Legislature of this State to Messrs Samuel Wells and the aforesaid Jonathan and Arad Hunt on the 22d day of October, 1782, of three thousand acres of land in the aforesaid Whitingham, the aforesaid three lots of land containing in the whole six hundred acres or thereabouts, reserving to the use of the public the usual allowance for highways. To have and to hold the aforesaid Lots and Pieces of land as above described, with all the privileges and appurtenances belonging thereto to the above said Jonathan Hunt and Arad Hunt and each of their respective heirs and assigns forever, they doing and performing the settle- ment and duty required by Law on other Grants made by this State. In Testimony whereof I have hereunto set my hand, and caused the Seal of this State to be affixed this 25th day of October, 1787. Thom.\s Chittenden. WHITINGHAM, VERMONT 43 In 1796 a tract of land was granted to Green, Moulton and others, as Whitingham Gore, as follows : I MEN OF THE STATE OF VERMONT. (L. S.) [ General Assembly of the Free- J The Governor, Council and To all People to Whom these presents shall Come, Greeting: Know Ye that whereas, that whereas our worthy friend, Mr. Amos Green and Company to the numbers of sixteen have by petition re- quested a grant of unlocated land within this State for the purpose of settlement, we have therefore thought fit for the due encouragement of their laudable designs and for other valuable causes and considerations as hereunto moving, do by these presents in the name and by the authority of the freemen of the State of Vermont give grant unto the said Amos Green & Com- pany the tract of land hereafter bounded & de- scribed to be divided into equal shares as fol- lows, viz: Samuel Moulton, Thomas Day, Sam- uel Day, James Howard, Seth Howard, Benja- min Nelson, Benjamin Blodgett, Benjamin Blodgett, Jr., Samuel Nelson, Solomon Moul- 44 WHITINGHAM, VERMONT ton, Asaph White, William Nelson, Thomas Blodgett, Abishai Blodgett and Daniel Wallace reserving three hundred acres out of said tract of land for the following public use, viz: One hundred acres for the use and benefit of a college within this State, one hundred acres for the use and support of a school or schools within said tract & one hundred acres for the use and sup- port of the first settled minister of the gospel within said tract of land to be disposed of for the sole and exclusive purposes aforesaid in such way and manner as the Proprietors or inhabi- tants of said tract shall judge proper the same to remain unalienable & the rents, profits and moneys arising therefrom shall be appropriated to the several uses aforesaid, and the said three hundred acres shall be divided into three equal parts & be so laid out within said tract as to be equal in quality and in such situation as will best answer the purposes for which they are reserved — which tract of land hereby given and granted as aforesaid is bounded and described as follows, viz: Beginning at the southwest corner of Whit- ingham at a maple tree standing in the North line of the State of Massachusetts being 24 perches west of the West bank of Deerfield WHITINGHAM, VERMONT 45 River & running South 81 degrees & 30 minutes 290 chains to a spruce tree marked O, then North 8 degrees 30 minutes East 174 chains and SO links to a maple tree marked, standing in the South line of Col. Fitches Grant, then North 81 degrees and 30 minutes 290 chains to a stake & stones, then South 8 degrees and 30 minutes West 174 chains & 50 links to the bounds begun at, containing five thousand & sixty acres & eighty perches. Bounding South on the State of Massachusetts Bay, East on Col. Whiting's pat- ent. North on Col. Fitches patent and West on Readsborough and that the same hereby is incor- porated into a district by the name of WHITING- HAM Gore and that the inhabitants that do or shall hereafter inhabit said district are declared to be enfranchised and entitled to all the privi- leges and immunities of citizens and exercise all legal power & authority in support of their inter- nal rights as fully and amply and (?) other in- corporated districts within the State do by law exercise and enjoy. To Have and to Hold the said granted premises as expressed in the aforesaid grant with all the privileges & appurtenances thereunto be- longing & appurtaining to them & their respec- tive heirs & assigns forever upon the following 46 WHITINGHAM, VERMONT conditions, viz.: that each proprietor of the said district of Whitingham Gore, his heirs or assigns shall plant & cultivate five acres of land & build a house at least eighteen feet square on the floor or have one family on each respective right with- in the term of four years from the time of sur- veying the out lines of said Gore on the penalty of the forfeiture of each respective right or share of land not so settled & improved as aforesaid and the same to revert to the freemen of this State to be by their Representatives regranted to such persons as shall appear to settle and culti- vate the same that all pine timber suitable for a Navy be reserved for the use and benefits of the freemen of this State: In Testimony Whereof we have caused the seal of this State to be affixed at Rutland this 20th day of October, Anno Domini, 1796 & the 20th year of our independence. Witness our well beloved Thomas Chitten- den, Esquire, Governor of our said State, Cap- tain General & Commander in Chief of all the Militia of the same. Thomas Chittenden. By his Excellency's Command Truman Squire, Secretary. WHITINGHAM, VERMONT 47 This piece of land was evidently intended to cover the grant of Lieut. Eddington, Lieut. Gamble and the land to the West — but the meas- ure lacks about 50 rods of reaching the entire length of the premises. Probably a petition had been presented for this grant as early as September, 1783, in peti- tions to the legislature describe this as land granted to Green and Moulton. A petition dated Sept. 29, 1783, set forth that the subscribers were settlers of the town of Whit- ingham, that they presented a petition dated Sept. 22, 1778, for land granted by New York to Col. Fitch and his associates, they now renew their request for said land containing about six thousand acres, bounded east on the east line of Whitingham, north on land formerly granted to Capt. Walker and one Nordbergh by two New York patents and south on Col. Whiting's grant and a grant formerly made to Lieut. Gambell York patents. Your petitioners some of us moved here near or quite ten years ago. Reciting their great hardship in making roads 48 WHITINGHAM, VERMONT and bridges, and signed by Leonard Pike, Nathan Green, Elijah Pike, Levi Shumway, James Reed, Amos Green, Bille Clark, Jesse Groves, Jona Thompson, Joshua Coleman, Nathaniel Streeter, John Marks, John Rugg, Fitch Lamphire, Joseph Doubleday, Jonathan Shumway, John Nelson. This was not granted to them. It was the major part of the grant to Nathan Whiting and others when Whitingham was chartered and is known as Fitches Patent. There was another petition dated Oct. 2, 1783, claiming that the petitioners since the year 1772, had entered upon and settled a tract of land in the township of Whitingham containing about 3,000 acres. This is Whiting's grant and they bound it on the west by Lieut. Gambell's New York Patent since granted by this State to Amos Green and others and ask for a reasonable consideration signed Amasa Shumway, Eliphalet Gustin, Jr., Chandler Lamphere, Eliphalet Gustin, James Mullett, Eleazer Gleason, Benajah Lamphire, Levi Shumway, Benjamin Crittenden, Jonathan Edgcomb. WHITINGHAM, VERMONT 49 No "reasonable consideration" was granted them nor was their western boundary correct. Oct. 7, 1783, another petition was dated setting forth that the subscribers were settlers in the town of Whitingham and ask for a tract of land bounded as above except west on land granted to Moulton and Green and company, stating that some of them had lived there a number of years. Expecting at least a settling lot and ask that the land be sold or granted to them. Containing about four thousand acres, and signed Jonathan Thompson, Benj. Crittenden, James Reed, Eli- phalet Gustin, Daniel Wilcox, Amos Green, Benjamin Lampee, Lieut. Williams, Jesse Groves, Amasa Shumway, James MacMullet, Samuel Thompson, Nathan Cobb, John Mack. It would almost seem as though this last peti- tion was drawn and signed by some one not familiar with either the territory or the names of the people there. 50 whitingham, vermont Whitingham After Grants by Vermont. Robert Bratton and Otben W»Ikor'«, Well'i. Hunt'a 178 ch&inB SiUa HamiltoQ &nd Others Nathan Whiting and otfaera Fitch'a Patent Green and Moulton Really 302 chains Called 290 chains Nathan Whitins 178 chains So it seems the legislature refused to meddle with the grant to Whiting, and to Whiting and others except the handle which seemed uncertain land. Thomas Gamble probably came to the war from Ireland. He deeded his 2,000 acres to William Gamble, Jr., late of Ireland, then WHITINGHAM, VERMONT 51 living in the State of New York. In the descrip- tion the date is given as 1789, but the deed is dated January 12, 1797, and recorded February 14, 1798. William Gamble, then of Hinsdale, N. H., deeded this tract to John Van Dusen of Great Harrington, Mass., Nov. 13, 1797, and re- corded the same day as the above. John Van Dusen deeded it to John Fuller by a deed of warranty, June 16, 1806. Although the legislature of Vermont seemed to have recognized some of the grants made by New York in this town, it is claimed by some that all those grants and the charter itself were void, and they base their final stand upon the fact as they claim, that the legislature of Ver- mont passed a law avoiding "all grants, cedes or patents made by or under the government of the Colony of New York except such grants, cedes or patents as were made in confirmation of the grants, charters or patents made by or under the government of the late Province or Colony of New Hampshire." That such a law was passed is true, but it has not been recognized by the Supreme Court of the State of Vermont and was 52 WHITINGHAM, VERMONT in direct conflict with the agreement of the com- missioners of the State of New York and the State of Vermont, when the State was admitted into the Union. If there was any question in the minds of anyone as to the validity of grants, charters or patents issued by New York not in conflict with these of New Hampshire the de- cision of the Supreme Court in the case of Reads- bo ro vs. Woodford as late as 1904. Reported in 76 Vt. page 376 settles it. The town of Reads- boro was chartered April, 1770, about a month later than Whitingham, and by the Province of New York also. The latest grant of land which we have found. Hon. Clark Jillson, a native of this town, and who was Judge of the District Court, and at one time Mayor of the City of Worcester, Mass., spent much time in research about the town of his nativity, and furnished us a valuable book in his "Green Leaves from Whitingham" which book was unique in this — Mr. Jillson gathered his facts, wrote them down, set the type and became the printer also of his work, except the last twelve paees. which were printed after his decease. Probably, had he lived, WHITINGHAM, VERMONT 53 much more would have been found and written by him. He discovered many things which had been forgotten and were not known by his gener- ation, yet he had not found it all as he says of the grant of the three lots to Jonathan and Arad Hunt. "This grant was made in such a way as to render its location doubtful unless the three lots were more clearly defined than was custom- ary in those days." Walker's Patent was early divided into six- teen lots, each lot containing exactly 196 acres 146 rods and were numbered as follows: 54 WHITINGHAM, VERMONT Wilmington < 3 1 1 A II 7 8 13 11 10 » 13 14 IS IS Fit