The History of Addison County

Chapter II
County Seats - County Buildings - Courts - Changes of the Judiciary

Transcribed by Nancy Piper

Taken From History of the Town of Middlebury In the County of Addison To Which Is Prefixed A Statistical and Historical Account of the County Written at the Request of the Historical Society of Middlebury By Samuel Swift Middlebury, A. H. Copeland 1859, Pages 19-28

The act incorporating the County in 1785, established the towns of "Addison and Colchester to be half shires," for the time being," and directed "that the times and places for holding County Courts, or Courts of Common Pleas annually, be as follows, viz., at Addison aforesaid, the first Tuesday of march, and at Colchester the second Tuesday of November, and that the Supreme Court be held on the second Tuesday of August, alternately at Addison and Colchester." The Governor and Council were authorized "to appoint County Officers and commissionate them for the time being." The Judges of the County Court, appointed under this provision "for the time being," were John Strong of Addison, Chief Judge, and Gamaliel Painter of Middlebury, and Ira Allen of Colchester, side or Assistant Judges, and Noah Chittenden Sheriff.

The first term of the Court was held at Addison, on the first Tuesday of March 1786. An act passed in February 1781, had provided that the freemen should elect four Assistant Judges of the County Court; and before the next term of the Court, the freemen of the County had elected William Brush, Hiland Hall, Samuel Lane and Abel Thompson, Assistant Judges, and the Court was held by them "at Captain Thomas Butterfield's in Colchester," on the second Tuesday of November 1786. The March term 1787 was held according to the act at Addison; and the County of Chittenden, which included Colchester, being established before November, that term was also held at Addison. The Judges chosen by the freemen in 1786, held court in 1787; and since that time, only two Assistant Judges have been appointed. Until the alteration of the constitution in 1850, these with other County Officers were appointed by the Legislature. The Court continued to be held at Addison until the September term 1792. At their October session in 1791, the Legislature passed an act removing the Court to Middlebury, but providing that is should not take effect until "April next," and of course the March term 1792 was held at Addison. Since that time the Courts have been uniformly held at Middlebury.

There were no County buildings in Addison, and the Court held its sessions at the houses of Benjamin Paine at Chimney Point, of Zadock Everest, Esq., of Johan Case, and of his widow after his decease, all on the shore of Lake Champlain. The Courts were also held for some time at public houses in Middlebury; in the years 1792 and 1793 at the public house of John Deming, which stood on the ground now occupied by the Congregational Church, and afterwards until the Court House was completed, at the public house of Samuel Mattocks. The first Court House was commenced in Middlebury in 1796, but was not occupied by the Court until 1798. It was built by subscription of the citizens of Middlebury and vicinity. The jail had been previously built.

Hon. Gamaliel Painter, who owned a large tract of land on the east side of Middlebury Falls, on the second day of May 1791, and previous to the removal of the Courts to that place, executed to "John Willard, Benjamin Gorton and Jabez Rogers, together with all the rest of the inhabitants of the County of Addison, and to their successors forever," a quit claim deed of the following tract of land in Middlebury," viz., beginning at the southeast corner of a half acre lot of land, that be the said Gamaliel sold to Samuel Miller, Esq., and is the same lot where the said Miller now liveth; thence south 30 minutes east, eight chains and ten links to a stake standing on the east side of a road; thence east one chain and six links to a stake; thence north 30 minutes west eight chains and ten links to the south line of Miller's lot; thence west one chain and six links to the bounds begun at," "for the only expressed purpose and use of a Common never to be divided, or put to any other use," This tract is in the form of a parallelogram, about four and a quarter rods wide, extending from the house lot owned by the late Edward D. Barder, Esq., in front of Mr. Warner's lot and the Addison House, to the house lot owned by the late Rufus Wainwright, and now occupied by his widow.

On the 22d of May 1794, Judge Painter executed another deed to "Jabez Rogers, Joseph Cook and Eleazer Claghorn, together with all other inhabitants of the County of Addison" of a tract of land in Middlebury, "bounded as follows, beginning at a heap of stones at the southwest corner of an acre lot of land, which said Painter formerly sold to Simeon Dudley; thence running south, 30 minutes east, on the east line of a certain piece of land said Painter formerly gave to the people of said County, three chains and seventy-eight links to a stake; thence each 30 minutes north three chains and seventy-three links to a stake; thence north 30 minutes west three chains and seventy-eight links to a stake, standing in the south line of said Dudley's lot; thence a straight line to the bounds begun at, containing one acres and sixty-five rods," "for the express use and purpose of erecting a court house and jail thereon, and as a common, never to be divided or put to any other use." This lot lies east of, and adjoining, the lot first mentioned; and on this lot the court house and jail were erected. The Dudley lot, which forms the northern boundary, is that on which Samuel Mattocks built his public house, and on which the Addison House now stands; and it is understood that in erecting the present house, it was extended south several feet beyond the limits of the lot, on the land of the County.

The court house was built on the brow of the hill five or six rods north of, and nearly in a line with the house occupied by Mrs. Wainwright. The jail house had been previously built of wood on the same line and within a rod or two of the south line of the Dudley lot. It contained a tenement for the family of the jailor, as well as a dungeon and other rooms for prisoners. This jail was built by a "tax of two pence on the pound" on the list of the County for the year 1793, granted by the Legislature in November-December 1794." Eleazer Claghorn, Gamaliel Painter, Samuel Miller, Jabez Rogers, Joseph Cook, Samuel Jewett, and Elijah Foot were appointed a committee to receive and lay out the money."

The legislature at that time being in the practice of removing their annual sessions from one principal town to another, the court house was built with reference to their use. One high room arched overhead, with long windows, and seats rising towards the rear, and a gallery over the entrance at the west end, constituted the whole interior of the building. The General Assembly held its session in it in the years 1800 and 1806. The inhabitants of the town having contributed towards its erection, it was used also as a town room. And until the completion of the new church, in 1809, it was occupied by the Congregational Society as a place of worship, and for all meetings of the society. There being no other suitable room in the village, it was used for pubic meetings of every character.

By the arrangement of the roads in the vicinity and the business, which entered there, these buildings were left in an exposed condition, without enclosures, and the whole grounds around them became a thoroughfare for teams and other modes of travel. The jail, especially, came to be regarded as too unsafe and uncomfortable for the purpose for which it was designed. Accordingly, in November 1809, the legislature passed an act assessing a tax of one cent of a dollar on the lists of the several towns in the County (except the city of Vergennes, which maintained a Jail of its own) for the purpose of erecting a jail in Middlebury, to be paid into the treasury of the County, by the first day of February 1811, and authorized the Judges of the County Court to appoint an agent to superintend the erection. They appointed Hon. Daniel Chipman, who preceded to procure a suitable lot for its site, and in December 1810, received a deed from Artemas Nixon, of a vacant lot on the corner made by the road leading east from the Court House, and another leading thence north. On this he erected a jail house of stone, at a cost of about four thousand dollars. After the completion of this building, the old jail house was sold to Capt. Justus Foot, and by him was removed to the lot east of the hotel, repaired, fitted up and occupied by his family for a dwelling house. It is now owned by Calvin Hill, Esq.

In 1814 the Court House, in its exposed condition, came to be regarded as a nuisance, rather than an ornament, and was removed to the place where it now stands. On the first of January, 1816, and after the Court House was removed, Judge Painter deeded to the County a tract of land, "being that piece or parcel of land, on which the Court House now stands in Middlebury, together with a free and open passage on the whole front of the same to the Center Turnpike road, so called, with a passage around the said Court House on the north, east and south sides of the same, for the purpose of repairing or fitting up the said House, or for the erection of a new Court House on the premises at all times," "for the express purpose of erecting, keeping and having a Court House for the County of Addison aforesaid, on the said premises, where the same is now erected, so long as the premises shall be used for the purpose aforesaid, and no longer," with a quit claim of the right to erect buildings on the neighboring lands within certain distances. The width of the "free passage around" the House was fixed by a deed from the Corporation of Middlebury College, who received the land by will from Judge Painter to R. and J. Wainwright, at one rod.

The Court House having so high a room for the sessions of the Courts, having been much racked by the removal, and being otherwise out of repair, was found to be not only inconvenient, but so cold that it could not be kept comfortable in the cold weather in winter, when most of the Courts were held; and for that reason the Supreme Court held its sessions, for several winters, at the public houses. The County Court therefore, in the year 1829, ordered Samuel Swift the Clerk, and Seymour Sellick the Sheriff, to divide the building into two stories. The Agents accomplished this purpose during that season, finishing the upper story for the sessions of the Courts, with one room adjoining for a consultation room, and three rooms below for Jury rooms and other uses, in the style in which it still remains. When finished, the Court Room was said to be the best room for the purpose in the State. The expense of the alteration was $1250.11. The town of Middlebury paid toward this expense $250, in consideration that they were to have the use of the large room in the lower story for a town room, and a subscription was made by the citizens to the amount of $113.50. The balance was paid from the funds of the County, received for licenses, without any tax, and a large share was advanced by the clerk in anticipation of future receipts.

In the year 1844 the belfry and roof were found to need repair, and other pars of the exterior were regarded nearly as offensive, on account of its style, as the interior had been; and the court ordered the clerk to make the requisite repairs and alterations. This was accomplished the same season at an expense of $822,70 of which the town paid $137. The balance was paid from the County funds, as in the case of former alterations. By means of these alterations nothing remains of the first Court House but the frame.

In the meantime the stone jail built in 1811 was found, like the old one, unsafe and entirely uncomfortable and oppressive to prisoners confined in it, and not in accordance with the philanthropic views, which prevailed; and it had been many times indicted by the grand jury. The legislature, in October 1844 therefore granted a tax of six cents on a dollar of the lists of the several towns in the County, except the city of Vergennes, for the purpose of erecting a new jail, provided the inhabitants of Middlebury would, before the first day of February 1845, procure conveyed to the County of Addison a suitable piece of land, to the acceptance of Silas H. Jenison, Harvey Munsill and Silas Pond, and appointed Samuel Swift and Austin Johnson Agents to superintend the erection. The lot now occupied for that purpose was purchased and paid for by the citizens of Middlebury, and accepted by the above mentioned commissioners. The agents believing that, as the population and business of the County should increase, and a more speedy communication by rail roads should be opened, the number of criminals would increase, and desiring to erect a prison, which would be adequate to such an emergency, and not require to be soon replaced, adopted a plan larger than present circumstances required. They accordingly erected a large brick building, the front of which was designed for the residence of the Sheriff's family, with an office for the sheriff. Through this room is the only communication with the prison from the outside. The prison is in the rear of the building, in which are twelve cells for securing each prisoner by himself in the night, six in the lower and six in the upper range, with a large, well lighted and ventilated room in front of them, for the occupation of the prisoners in the day time. The prisoners in this room are, at all times, subject to inspection, by means of a grated opening, from the rooms occupied by the family. By the same means the least disturbance or nice, by night as well as by day, may be heard. The expense of the cells was much larger than was anticipated. The iron work alone cost about $1500; and slabs of strong stone were purchased and hauled from Brandon, for the floors, caps and sides of the cells, from six to eight inches thick, and of the size of the length, width and height of the cells. When the legislature assembled in October 1846, the tax had been expended, the gents were largely in debt and the jail not completed. Application was therefore made for a further tax. The representatives from the County, to whom the application is by law referred, consented to another tax of five cents on a dollar - wholly inadequate for the purpose, - on condition that the town or village or citizens of Middlebury would give a bond to the satisfaction of the judges of the County Court, to secure the payment of all the debts, and the completion of the Jail, and by the act, Rufus Wainwright was appointed an additional agent. To him the other agents committed the whole management of the business. A subscription was raised among the citizens, the debts were paid and the prison completed, but the plan was not carried out to its full extent. The whole expense was about $8000. After the completion of this building, the old stone jail house was sold to Mr. Oliver Wellington, who, after great alterations and at great expense, has since occupied it as a dwelling house.

From the year 1787 to the year 1825, the County Court consisted of a chief judge, and two assistant judges, appointed expressly to those offices, and was independent of the Supreme Court. In November 1824, the Legislature passed an act reorganizing the Supreme and County Courts, and providing, that the Supreme Court should consist of a chief judge, and three assistant judges, and that the County Court "from and after the third Thursday of October then next," should consist of a chief judge, who should be one of the judges of the Supreme Court, for each circuit, and two assistant judges, appointed as before required law. And the State was for that purpose divided into four circuits. The number of Judges of the Supreme Courts and of the circuits was afterwards increased to five. To the County Courts, by this act was given "original and exclusive jurisdiction of all original civil actions, except such as are cognizable before Justices of the Peace," "and appellate jurisdiction of all causes civil and criminal appealable to such court," and "original jurisdiction of all prosecutions for criminal offences, except such as are by law made cognizable by justices of the peace," and in such cases the jurisdiction of the Supreme Court extended only to questions of law, arising out of the trial in the County Court. The clerk, to be appointed by the County Court, was to be also clerk of the Supreme Court.

At the session in October 1849, the Legislature made a further alternation in the organization of the judiciary system. The act passed at that session provided, that the State should be divided into four judicial circuits, and these judges were constituted chief judges of the County Court in each County, and chancellors in their respective circuits. These were distinct from the Judges of the Supreme Court, and with the two assistant judges, constituted the County Court. The first circuit was composed of the Counties of Bennington, Rutland and Addison.

The Legislature at their session in October 1857, repealed the law last mentioned, and provided that the Supreme Court shall consist of one chief judge and five assistant judges. These judges are constituted chief judges of the County Court and Chancellors in the several Counties; and for this purpose it is made the duty of the Supreme Court to assign one of the judges to each County. This act substantially restores the system adopted in 1824. By the first constitution of the State, adopted in 1777, it was provided "that the General Assembly when legally formed, shall appoint times and places for County elections, and at such times and places the freemen in each County respectively, shall have the liberty of choosing the judges of the Inferior Court, or Court of Common Pleas, Sheriffs, Justices of the Peace and Judges of Probate, commissioned by the Governor and Council, during good behavior, removable by the General Assembly upon proof of maladministration." By the amended constitution, adopted by the convention in 1786, it was provided, that the above mentioned officers should be annually elected by the General Assembly, "in conjunction with the council." And they continued to be thus elected, until the amendment of the constitution adopted in 1850. Until this time no provision was made in the constitution for the election of a state's attorney or high bailiff. An act passed in February 1779, provided "that in each County there shall be one State's Attorney, and that they be appointed by the respective County Courts." Col. Seth Storrs, then residing in Addison, was appointed by the Courts in 1787, the first State's Attorney of Addison County. Afterwards the State's Attorney, as well as the High Bailiff, was appointed in the same manner as other officers.

At the time of the election of the Council of Censors in 1848, the evils of the then existing mode of electing County Officers by the legislature, had become more and more apparent for several years, and had come to be condemned generally by the people. The nomination, according to practice, being made by the County members had become a subject of traffic between the parties interested, and was subjected to an influence, which could not be made to bear upon the mass of the people. It also occasioned much delay of the appropriate business of the Legislature. Accordingly the convention, which was held in 1850, in pursuance of the recommendation of the Council of Censors, adopted the amendment now in force. This provides, that the assistant judges of the County Court, Sheriffs, High Bailiffs and State's Attorneys, shall be elected by the freemen of the Counties, the Judges of Probate by the freemen of the several towns. The votes are to be given at the freemen's meeting on the first Tuesday of September, to be sent to the next meeting on the first Legislature, and there canvassed by a joint committee of the Senate and House of Representatives. The officers chosen are commissioned by the Governor, and hold their offices for one year from the first day of December following.

By an act of the legislature in February 1787, the County of Addison was constituted a Probate District and Probate Courts were established in it and until the year 1824, the whole constituted by one Probate District. The Legislature, at their October session in that year, divided the County into two Districts by the names of Addison and New Haven. The District of New Haven embraces the towns of Addison, Panton, Vergennes, Waltham, New Haven, Bristol, Lincoln, Starksborough, Monkton and Ferrisburgh. The remainder of the County constitutes the District of Addison.

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