Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-08-30
IN THE LOCAL FIELD.
BRArTLEBoRo COMMONS.

A History of the One at West Brattle- |
boro which Is Of Interest at this Time |
---something About the one at the
East village.
The history of the early commons of this !
town is somewhat interesting. The first |
was on Westinghouse hill south of the !
cemetery, and was reserved there on the
plan of he town. That at West Brattle-
boro came from five sources, at five differ
ent times; from Capt. John Houghton in
17Sj. from Benjamin Pratt in 1902, from
DR.. Russell Fitch in 1906, from the estate
of Benjamin Wheaton in 1911, and from
John Noyes in 1922 and all were by deed
to the selectmen of the town and their
successors, except that from Noyes, which
was to Brattleboro academy. The main
road at first, went straight out to where
the seminary buildings now are, and Simp-
son Elias then lived, and then straight
down to the brook; the Westinghouse and
the houses and yards east Of it extend into
where this road was and where the road
now goes in front of the stores and houses
down about to the foot of the hill and out
TO that road was part of the common.
Capt Houghton gave that part of this land
extending from the StoCkwell store south
eastward, to set the meeting house upon.
ne west line Ol Lllls lduu went lTOu lut
southwest corner of the Stockwell store
lot, six rods southwest across what is now
the common to that road, and Capt Hough-
ton lived Just west of that line. Benjamin
! Pratt sold that in front of the Stockwell
store for $50, ito be appropriated to the
use OF said town as a common ground in
addition to the ground now laid common
| in said town, bounded east on the west
! line Of the common ground on which the
| meeting-house in said BrattleborO now
/ stands Dr. Fitch who lived where Her
! bert Clark now lives, gave that where the
road turns down from the Guilford road,
and northwardiy in front of Mr. Clark's.
/ twelve rods, the deed reading that the
premises "shall be forever used. occupied
and improved as a highway or common
land for the benefit OF the inhabitants OF
the town OF BrattlebOro aforesaid and of
! the Public in General and the said select
men and their successors shall never allow
or suffer any enclosure to be- made around
the said premises, nor any buildings, tim
Der or stones to be set. placed or laid
/ thereon, excepting ornamental trees.
DR.. Fitch, a. administrator of the Beuja-
min Wheaton estate, sold that northward
of what be- had given himself and in front
/ now of Miss Susan Clark's. being about
]
town of BrlttiebOr0 forever as a road.
common OF green. and for no other pur-
pose" When the hrst academy was built
in l~02, Mr.. Noyes owned the land under
and about the east side OF il. and subscribed
$50 payable in land, for il. Before he
decided to the academy Moses Van Doom
had become the owner of the land cas-, of
h.. When Mr.. Noyes's deed was made 1t
read: And 1t is further provided that the
corporation OF BrattebOrO academy shall
never erect any buildings. nor suffer any
buildings, incu mbrauces or nuisances to
remain on that part of said granted prem
ises situated eastwardly OF the academy
building and those lying in front OF Moses
Van Doom land SO as 10 derogate from
the privileges OF said Van Doom other
wise than if his land in that place fronted
on the road. This land. which was so 10
be kept clear and open like road. thus
became a part OF the common.
These common grounds remained open
until 1860 when Hiram Circuit, who had
leased the academy for ten years and was
establishing Glenwood seminary, proposed
to enclose part OF the common with the
seminary grounds About 80 made oppo-
sition to this in writing to the selectmen
but he made a bee and gave a supper to
which they We're invited, and went. Many
OF them took their names from the paper,
and he was suffered to enclose with a
costly fence, = square rods in semcrcuar
form where the evergreens are in front Of
the seminary, and 10 put in il an expensive
fountain. walks and shrubbery, which
after some years We're removed. His en-
closure included part OF that given by
Capt Houghton, a part of that given by
DIR. Fitch. a part of that conveyed by Mr..
NOyes, and part Of the first road. The Sc
lectmen have power TO take care of. i'm
prove and keep clear such commons for the
public use, but have no power or authority
to grant them Tor any other purpose. and
any permission from them for any other
use would be wholly void. Perhaps this
occupation was long enough continued 10
gain a right by possession TO continue il
longer, had the land been private property
but such rights cannot, especially since
1855, be gained in public property like this
The right 10 it remains in the public the
same as before, subject only TO contro
of 1t for public purposes by the selectmen,
as a part OF the commons and common
highways of the town.
The common in Brattleboro village came
from Grindal Il. Ellis in 1914. \ history
of it has been brought into that of the
present times as a part OF the trolley war
1t remains, nevertheless, like that at West
Brattleboro, part of the common high
ways of the town. For a common is
highway upon which everyone has a right
10 60, everyday; and as such it is TO bt
cared for by the selectmen, as officers Of
the town, having charge of it, for that pur
pose.
The old common on the hill ceased Ions
ago to be wanted for any public use; tn,
roads which ran across it were given up ant
it has been left to become part of tn
T field of the surrounding land owner