The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-04-26
For the Middlebury Register.
The CLOAK In Ohanoerv.

Element and village of Il. The commun.
ity originally was made up of men Of
different pursuits and mechanical trades,
but before the Coloncl's DEATH by inter
marriages and the settlement of sons and
daughters, had assumed o character al
most patriarchal. The Colonel outlivcd
the days of the cooked hats. but retained
his small clothes and shoe.buckles, or
his high boots, to the last and more
than all, preserved with religious care,
worn only upon the sabbath or occasions
of state, his embroidered cloak This
was the mark of his pdtrondi character,
which the children grew up to respect,
and with the parents was n token ofstill
kindlcr emotions In his will, having
no children of his own, the Colonel re-
mcmbercd the people his settlement as
his own offspring, bequeathing his prop
etty for their common use or benefit, for
the ornament and advantage of the place,
the support of schools and religious in
stitutions, and his cloak, with a picture
which had been made of himself, was to
be preserved by the town treasurer !;
with other articles, if his friends pleas
cd of the costume of his earlier days.
1t is needless to say that during the
lives of the first generation. which had
known him well and perhaps could re-.
member their personal obligations to
him, the old gcntleman's wishes were re.
spectcd. The town treasurer had pride
in preserving such articles of the Found
or's wardrobe as could be collected so
far as they connected him with earlier
times, and especially, the old but un.
worn, embroidered cloak was brushed
and aired duly, and preserved 30 scru.
pulously, that had the titles of all tho lots
in I. depended on its preservation, the
lawyers might have slept in peace, there
was no chance of forfeit But time
wore on, and gratitude by degrees seem
cd wearing out. A shoe buckle was
missing the Colonel's military gloves,
also embroidered. we're not forthcoming;
the small clothes, whether silk or kcrscy,
were no longer folded into forms of sym.
mcsry, but seemed, " they were strung
out annually to rotate from one careless
treasurer to another,as if they could new.
or have covered the nakedncss of a man:
till at last, it was proposed openly, at
a meeting of the townoficers, that the
residue of the parcel, including the
cloak, DO distributed among them. The
grossness of this proposition alarmed
the more timid, though the more infuen-
tial were ready for summary operations
but in defercnce to the objection, the con-
sent of the town was asked for and OBJ
tanned, and the sale, at last, for the COM
mon benefit Of the Colonies wardrobe,
was decided on. The hearing in chance,
ry was had therefore on petition Of Ger.
tain of the younger citizens who had
an interest in the memory of the first in.
habitants of the place, aud especially Of
its Founder, the contemporary and friend
perhaps of their own prosenitors,-for
an injunction against the offico.holders'
proceeding. At the same time, measures
were commenced at home by the same
young men, by which it was hoped, if sue.
ceSsful before the chancellor, o reaction
might be gained, and as some testimon.
ial of the public feeling towards load.
ing bencfactor, Town Hall, of fire.proof
construction, should be built, containing
offices for the town clerk and treasurer,
town room, and hall for lectures to
be called Glaciers Hall in connection
with the latter, a cabinet room or mus
cum, in which the old fashioned articles,
with other things, and in a case of glass,
constructed for the purposo,t the embroid.
cred cloak should be preserved. But
this intention was unknown to the Judge.
The decision was such as was to be
expected. The chancellor commented
upon the unimportant character of tho
trust in pecuniary point of view This
did not affect its sacredness. unless to
make 1t the more one Of gratitude aud
iilial sentiment, such as the testator had
reason to expect. lie might have mado the
whole benefit of his liberality, as apub.
lie benefactor, dependent on the faithful
execution of the trust lie refused to do
it but at the same time so connected
request, which depended on feeling of
sentiment only, with the confcrment of
tho greatest obligations, that it would DO
wanton protancness to think of sever.
ing the two, and lie should therefore de-
cree the obligation of the town to fulfil
the trust according to its letter, and that
the town be responsible for the costs Of
the petition.
The Chancellor concluded as follows :.
"A Court of Chancery is a court of
sentiment rather than of selfshncss. -
Justice in the spirit of justice is that
we are called to decree, sometimes against
even the forms of law, which conceal a
lawless spirit. The memory of tho dead
is said to be too unsubstantial thing to
solicit the protection Of chancery. If
unsubsiantial it should not be rudely
meddled with, and court of conscience
will exert power enough to save it from
rough usage. But the petitioners are
right that the idea of property does not
attach to money only, in the view of a
Court of Equity. A man has a proper
ty in his children or his parents, in mere
relationship, which it is, as it were, the
natural Office of chancery to protect
How unnatural, also, to disregard the
rights of townsmen or tho relationship
of beneficiarics by their common success
sion. sentiment which ought to be as
lively where justly due, as that of flial
piety itself, and which, in this instance
at least, makes its appeal in tangible
character, There are other circumstan-
ces in which a similar appeal might
be made, and, in this court, said the
Judge, it will never BIO heard with indif.
ference.
1t is where provisions of public benefit