Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1890-05-23


July ., l74j, leaving her with one child
Mary. Their daughter Submit was born in
l146 aud she was married to Caleb Howe
in the same year. Her father died her
mother removed ~ Sunderland, aud she
had the land granted to him, and the fort.
from Bridgman's fort where they had gone
for greater safety, June 27, l7jj, and with
her children, Mary and Submit Phipps, and
Moses and Squire Howe, and an infant born
in January previous, marched TO Canada.
Her husband was wounded and scalped in
the meadow and died the next morning ON
the east side of the river, where he was
buried. Her infant died in Canada the
next year. She returned with her sons
Moses and Squire, but was compelled to
leave her daughters, and was married to
Mr.. Tute. She afterwards went to Canada
for her daughters Mary had been carried
to France, and was afterward married to
Cron Lewis. She got Submit and brought
her back. She had Il son Jonathan Tute
Born ON the Twelfth Of May was He
In Seventeen Hundred Sixty Three
To Death he fell a helpless Prey
April the Five and Twentieth Day
Ia Seventeen Hundred Seventy Seven
Quitting this World We hop, for Heaven
He died from being inoculated with small
poX for protection against it, then a new
treatment here.
Behold the amazing alteration
Effected by InOculation
The Means improy d his Life to Save
Hurried him headong to the Grave
Submit Phipps was married November %,
no 70 Nathan Willard of Brattleboro,
who at one time was in command of Fort
Dummer as a sergeant. Mr.. Tute died
April Il, 1890, having devised a farm in
Brattleboro for the use Of schools there.
Mrs. Tute resided with her son, Moses
Howe, and was usually called Mrs. Howe,
at the Howe place, where he kept tavern,
till she died March :, 1905 He was sue.
ceeded by his son Ebeuezer, who was fol-
lowed by his son Ebenezer, whose descend.
ants live there yet to whom the place has
come down by descent from Josiah Sart-
well
After the peace of 1853 the British army
"a7 ltbu'Nhf ahl plONlSiou was uldue lOT
grant, under royal msndamus of land not
before granted to the officers. Lieut. Col
Thomas Howard, of the First regiment of
Foot Guards, came to Governor Tryon of the
Province Of New York, with a mandamus
for the patent to him of ten thousand acres
The governor had been directed by the 18th
article of instructions from the King in
Council not to grant any lands within the
territory formerly claimed by New Hamp
shire till his Maiesty's pleasure should be
further made known, under penalty of his
highest displeasure. But Col. Howard Sc
lected land on the river in Hinsdale, which
had not been before granted by New York,
for the location of his land, and patent
was issued 10 him for it dated November
%, l11l. He Immediately came there with
two hvered servants as attendants and
made known his claim TO the occupants
They were much surprised and alarmed, for
they had before no doubt as to their titles,
and the alarm spread to the neighboring
towns The location did not extend up
the river so but that the required quantity
would reach into Guilford. The settlers re-
fused to treat his title as superior to theirs,
and he came to Judge Wells at Brattleboro
for support. He offered to lease the land to
them for one penny per acre, yearly, for
five years, one shilling per acre yearly. for
five years more, and then to come to a new
agreement They refused this, and sent
John Bridgman to New York to attend 10 |
their intarasts with this lattar.
'Sir, The surprising affair of the Ancient Town |
Of Hinsdale and part Of the Town of Guilford be
ing patented last month to Col. Howard Of the |
Kings Guards has unsettled the minds of many Of |
us. The former Town was granted by MaSSachu- |
sets NJ years ago, and they have a good Indian |
deed of said land near as long since, and have |
themselves with their ancestors possessed it near
81 years quietly, since which by the running of the
line between Massachusetts, and New Hampshire |
it fell in New Hampshire Province and was patent
ed under that seal near % years since and yet |
seems by reports Of Col Howard that Mr.. William |
Smith advised him to lay his location there. | |
pray you to advise Mr., Bridgman the bearer
hereof, to what is best in all respects, who is
stranger among you. And sir please confer with |
your people If it is advisable for all Of who art
Grantees under New Hampshire Grants both in |
habitants and claimants or proprietors through |
out New England colonies to joyn in a memorial |
aud petition to His Majesty that our lands may be |
confirmed 10 us inhabitants and grantees at home. |
and that we may all be quieted in our possessions,
and impower pay, and send, an agent with it as |
soon as possible. Please sir to let me know your |
mind in the premises as soon as may be, who am |
sir with much respect your sincere friend & most |
obedt Servant at Command
New Marlborough CHARLES PHELPS"
December Is, l77i
To David Matthews Esq
Atty at Law York"
Charles Phelps was the first lawyer to re-
side in Vermont, aud lived at New Marl- |
borough, now Marlboro. He was well ac-
quainted and influential with the authorities
of New York, largely interested in lands
under New Hampshire grants in New Marl-
boro, and in Draper, now Wilmington, and
well informed upon the whole subject. He |
sent similar letter by Mr.. Bridgman to
Mr. John Burling of New York. William
Smith was one of the council of New York, |
and largely interested in the New York title
to lands in what is now Vermont. Gov
ernor Tryon was alarmed at the aspect
which the patent took, and offered Col How
ard tG00 10 locate his land elsewhere which |
he refused. The matter was carried to the |
Privy Council in England. Governor Try
on, in letter to Lord Dartmouth, one of |
the Council, tried to justify the patent un-
der the royal mandamus, and wrote that, |
''the offer Col Howard made TO the occu-
pants of the land when he became acquaint-
ed with their circumstances was too gener- |
Gus to leave room for complaint" This |
subject was referred to the board of trade,
who, on November 20, 1772, reported
Pursuant TO order of 18th June last have taken |
into consideration extract Of letter OF Governor |
Tryon Of February l. l172 in which he states In
consequence of His Majesty's Royal Mandamus |
he had granted ten thousand acres of Land TO |
Lieut. Col. Howard In the township of Hinsdale |
ON the western side Of the River Connecticut ap- /
pretending that the 18Th instruction was super |
seeded by the Mandamus" From their |
state of the Case il does appear to us that the
proprietors Of the Township Of Hnsdae ought .
not To have been disturbed by any subsequent /
grant whatever" That the Mandamus does not |
warrant the construction put upon II by His Mai |
estys Governor, hut ARE unable 10 suggest any
means by which the proprietors cen be relieved |
from the injury they complain Of otherwise than
by AN appeal TO the Courts Of Justice in the Col