The life of Hon. Nathaniel Chipman

Preface

Although it might be supposed that the death of my brother, at his advanced age, would not surprise or deeply affect any one, yet, as we had been the only survivors of a numerous family, and as he had now left me the only survivor, the intelligence of his death produced a shock, which I had not anticipated. I felt a depressing, lonely feeling, which I will not undertake to describe ; and I at once resorted to the numerous letters which had passed between us, and spent the day in reading them. From this I found relief: It seemed like a renewal of our long, intimate fraternal intercourse. This susiffested the idea of writing his biography, before it was suggested by others. As I anticipated, I have derived great satisfaction from a review of his life

IV PREFACE.

and character ; alloyed, however, by a fear, that, by the infirmities of age, I should not be able to do justice to the subject, if permitted to bring it to a conclusion in any form. But I have great reason to be thankful that a kind Providence has enabled me to bring the work to a close, though not in a manner satisfactory to myself. A considerable portion of the time since the decease of my brother, I have been wholly unable to write, and at all times writing with difficulty. I have permitted a great portion of the work to be copied from the first draught. But if the work, with all its defects, shall prove useful ; if I have portrayed the character of Nathaniel Chipman with exact truth ; if I have succeeded in accounting for the acuteness, strength and comprehension of his mind, and for that fund of general knowledge which he had acquired, by truly setting forth his early training, his early voluntary attention, his conscientious regard for truth, and his systematic diligence, — I have accomplished all I wished. I have set forth an example, to be followed by parents in training their children, by young men in the course of their education, and by all in public life. To write a panegyric would, in this case, savor of van-

PREFACE. V

ity, and is in no case very useful, without setting forth the early training and the early acquired habits which contributed to form the character of the person eulogized, as an example to be followed by the rising generation. Such is, undoubtedly, the legitimate purpose of biography. To eulogize a great and a good man may indeed be useful, by exciting an ambition to follow his example, but it does not instruct the young by what means they may be enabled to do so. Biographers are generally compelled, from a want of a knowledge of facts, to content themselves with portraying the character as it appeared on the theatre of life, without setting forth the causes which operated in forming it. Fortunately, in this case, I have been able to obtain the necessary facts, or rather to detail them from my own knowledge. All this I could do without any embarrassment. But from my near connection with Judge Chipman, and from the very high estimation in which I had ever held him as a judge, I felt a delicacy in portraying his judicial character, fearing that I might either go beyond or fall short of exact truth. So sensibly did I feel this embarrassment, that I concluded to engage some jurist, more compe-

VI PREFACE.

tent and more impartial, to write hi^ judicial character. Having formed this conclusion, for obvious reasons, my attention was immediately turned to the Hon. Samuel Prentiss ; and I took leave to write him on the subject. In answer, I received the following letter :

MoNTPELiER, Dec. 14thj 1843.

Dear Sir : I have reflected upon the subject of your letter, and am quite free to say that in my opinion, no one is so competent to write the judicial character of your brother, as ^^ourself. You have advantages in the execution of such an undertaking which no other one possesses. You were a cotemporary with him, practised at the bar under his administration, and know, of course, all the various traits of mind and constitutional temperament, which, combined with his deep and extensive learning, entitled him to rank among the first judges of this, or any other country. From your personal observation and intimate knowledge of him both in public and private, you are enabled to state the prominent features of his mind and character as a judge, and to illustrate his peculiar excellencies in that capacity,

PREFACE. VU

with more truth, discrimination and accuracy, than it is in the power of any one else at this day to do. I knew his general reputation as a judge, and witnessed, during the short period he was last on the bench, exhibitions of the great strength, vigor, comprehension and clearness of his mind, of his profound and accurate knowledge of legal principles, and of his remarkably discriminating and well-balanced judgment ; but my practice in the supreme court was at that time but just commencing, and my opportunities of personal observation were too few and limited to enable me to give, with just precision and distinctness, neither going beyond nor falling short of exact truth, the distinguishing traits of his judicial character. All this, as I have said, you have the means of doing, and I think you should feel no delicacy in performing it, but express your views with perfect freedom, and without reserve. The life of Lord Keeper Guilford, one of the most interesting biographies extant, was written by his brother ; the life of Lord Hardwick, if I recollect right, was the production of his son ; and so was the life of Lord Teignmouth the work of his son. To these might be added many other instances of the like

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kind, both in English and American literature ; so, you see, you are not without the support of numerous and very illustrious examples.

I am, with high respect.

Your obedient, &.c.

Samuel Prentiss.

Hon. Daniel Chipman.

On the receipt of the foregoing letter, I proceeded with the work, following the friendly advice of Judge Prentiss in expressing my views, as the reader will perceive, with perfect freedom, and without any reserve ; and, I hope, without going beyond or falling short of exact truth.

Bipton, August 13, 1844.

CHAPTER I. Page

Genealogy of the Family — The staid Habits of the Puritans continued'during his Childhood and Youth — Diligent and systematic Pursuit of his collegiate Studies — Appointed Lieutenant in the revolutionary Army — Some of his juvenile poetic Productions — Letters to some of his Classmates, written while in the Army, and when pursuing his legal Studies — Admitted to the Bar in Connecticut and commenced Practice in Vermont — His standing at the Bar. ...••••*'

CHAPTER H.

Secret Negotiations with the British Authorities in Canada — Extract from the " Life of Brant," containing a Charge of Criminality a^rainst the Leading Men in Vermont — Vindication of those Patriots against the Charge. . . • • . o /

CHAPTER HL

Occasion and beneficial Operation of the Quieting Act — Mr. Chipman unsuccessful in his Farming and other Business — Resolution of the Legislature, by which certain Measures proposed for the Relief of the People calculated only to increase and prolong their Sufferings, were postponed and defeated — Elected Assistant Judge of the Supreme Court. . . • • 6*

b

Xii CONTENTS.

Page.

NO. VIII.

Letter from Nathaniel Chipmau to Alexander Hamilton, occasioned by certain Proceedings of the Democratic Society of the County of Chittenden ...•••• 393

LIFE OF NATHANIEL CHIPMAN.

CHAPTER I.

Genealogy of the Family — The staid Habits of the Puritans continued during his Childhood and Youth — Diligent and systematic Pursuit of his collegiate Studies — Appointed Lieutenant in the revolutionary Army — Some of his juvenile poetic Productions — Letters to some of his Classmates, written while in the Army, and when pursuing his legal Studies — Admitted to the Bar in Connecticut and commenced Practice in Vermont — His standing at the Bar.

The common ancestor of all those bearing the name of Chipman, in North America, was John Chipman, born in Barnstable, in England, in the year 1614. He emigrated to America in the year 1630, at the age of sixteen, and married a daughter of John Rowland, one of the pilgrims, who in 1620 landed from the Mayflower upon the Plymouth rock. He settled on a farm in Barnstable, on which his descendants have ever since resided. He was admitted a freeman by vote of the town in December, 1662. His second son, Samuel Chipman, was born in Barnstable, August 15th, 1661. He married Sarah Cobb, and had ten children, one of which was John Chipman, born in Barnstable in 1691, graduated at Har- 1 vard College in 1711, ordained minister in Beverly, Massachusetts, in 1715, and died in 1775, aged 84. He had fifteen children ; their descendants are very numerous in Nova Scotia and New Brunswick, among whom is Ward Chipman, one of the commissioners under the treaty of Ghent for setthng the North-eastern boundary.

The eldest of the ten children of Samuel Chipman was Thomas, born in Barnstable, November 17th, 1687. He settled in Groton, Connecticut, and had five sons, Thomas, John, Amos, Samuel and Jonathan. In the year 1740, he removed with his five sons to Sahsbury, Connecticut. In the year 1741, the town of Salisbury was organized, and he was the first representative. When the county of Litchfield was organized, he was appointed a judge of the county court, but died before the first term. His son Samuel, father of the subject of this memoir, married Hannah Austin, of Suffield, Connecticut. The family records having been lost, the following is all that is known of her family. Her father was a physician ; himself and the father of the late Apollos Austin, of Orwell, Vermont, were cousins. The late Seth Austin, of Tunbridge, Vermont, the late Aaron Austin, of New Hartford, Connecticut, the late Daniel Austin, merchant in New York, and the late Eliphalet Austin, of the state of Ohio, were her nephews. And I learned from the late Benjamin Austin, of Boston, that himself and the Austins in Sufiield, were of the same stock. Samuel and Hannah Chipman had six sons, Nathaniel, the subject of this memoir, who was born the 15th of November, 1752, Lemuel,

Darius, Cyrus, Samuel and Daniel. The five eldest brothers died at the following ages, to wit : Nathaniel, 90 ; Lemuel, 76 ; Darius, 76 ; Cyrus, 77, and Samuel, 76. Their father, Samuel Chipman, and his two brothers, Thomas and Jonathan, all died in the ninety-first year of their age.

To delineate the character of Nathaniel Chipman, and clearly to account for the early discipline, acuteness, strength and comprehension of his mind, for which in after life he was so distinguished, it seems necessary to advert to the times in which he spent his childhood and youth.

The staid habits of the puritans were continued with little adulteration to the commencement of the revolutionary war. Everything with them was orderly and systematic. In comparison with the religious character of their descendants, their religion was more intellectual. Great stress was laid on orthodoxy— on a clear understanding and steadfast faith in the great doctrines of the Gospel, and less on the vividness of their religious affections. As their religious affections were less vivid, they were more uniform, more habitual, and thus became actuating motives, and settled religious principles by which they were governed in all the concerns of life. Public worship was punctually attended on the Sabbath, but with them this was scarcely more of a religious exercise than the government of their families, the education of their children, industry in their several callings, honesty in their dealings, submission to the civil and ecclesiastical authorities, and the performance of all their moral duties.J True, other sects consider all these as enjoined by the scriptures, but the puritans had in their exercise a more constant reference to the scriptures for direction. Most treatises on reHgious subjects were argumentative, requiring an exercise of the intellectual faculties, and were in the hands of the mass of the people. Hence a habit of voluntary attention, so indispensable in the education of youth, was early acquired, with a taste for sohd and useful reading on other subjects. It has been said, that " the effects upon the intellect of the well-directed pursuit of religious knowledge are not inferior to those of literary and scientific pursuits, in cultivating those mental habits and powers, which are of the greatest importance in the conduct of life, and that the laborious class of the Scotch, aflbrd a striking illustration of this truth. Their acuteness and penetration of thought, solidity of judgment, and habits of reflection for which they have been justly so much noted, have been brought into exercise by their religious culture." The puritans offered as striking an illustration of this truth.

The family government of the puritans was also peculiarly adapted to the cultivation of the intellectual faculties, as well as to laying a foundation for moral and religious principles. The child was governed as well by fear as by aflection. If a child be allured to the acquisition of knowledge, it will have a tendency to form an amiable character. But unless he be governed in part by fear of his parent, and act in obedience to his authority, there will seldom be that hardy vigor of intellect, which is so useful in every department of life ; and if, by a too severe and austere government, a child was sometimes ruined by creating in him an utter impatience of all restraint, and producing a settled opposition to all sound principles, and all legitimate authority, yet in most cases the strictness of family government had a most salutary effect. It created in the child an habitual submission to the will of his earthly parent — an important if not an indispensable preparation for an habitual obedience to the will of our heavenly Parent. Children, too, were brought up in habits of unremitted and patient industry. And when they were called from labor, to study, to obtain an education, this habit of industry greatly accelerated their progress.

The father of the subject of this memoir carried on the business of a blacksmith, and cultivated a small farm, by which he maintained a numerous family. Some of the sons labored with him in the shop, the others on the farm. He was himself a most industrious man, and was very particular in having his sons in constant employment, and all the concerns of the family were subjected to an orderly system, no departure from which was ever permitted.

At an early hour the whole family retired to rest, and all, from the oldest to the youngest, were compelled to rise at an early hour, by means of which they acquired a confirmed habit of early rising, for which they were noted through life. The father and mother were equally industrious, and yet both had a taste for reading, and both read more than most laboring people. Still, it seemed never to interfere with their business. During the winter evcninffs, some one in the family read, and what was read was made the subject of conversation. And it is worthy of notice that a well-selected town library had been procured, and that from this library the family were supplied with books.

The subject of this memoir labored on the farm until the year 1772, when he entered upon his preparatory studies for entering college, as was customary in those days, with the minister of the parish. And as he entered upon his studies with a sound body and with a sound mind, both alike invigorated by exercise, and with a settled habit of industry, he / made rapid progress in his studies, and entered Yale ^' College in the year 1773, at the age of 21, having C spent but nine months in his preparatory studies. For a short time after he entered college he spent most of his time upon his recitations ; but he was soon able to make such progress in his classical studies, that he was obliged to spend but a short time in reviewing his lessons before recitation. This enabled him to go forward of his recitations still more rapidly. He followed this course until he left college. He pursued his studies systematically, devoting a certain allotted portion of his time to the languages, another portion of his time to his other classical studies, another to general reading ; every day devoting some time to light reading for relaxation. This course he strongly recommended to those who were about to enter college, saying, " if you calculate to become a scholar of any distinction, solely by studying your lessons, so as to appear well at your recitations, you will be sadly disappointed. Or if you pursue your

Studies without system, reading this or that, as you may be prompted by the feelings of the moment, you will only dissipate the mind. You will never either discipline the mind, or lay up in order any store of useful knowledge. If you calculate only from day to day to get your recitations, you will sit down to them as a task, and will not acquire a taste for your studies, or take any pleasure in pursuing them ; and if you do not, it will be better to quit your studies, no matter how soon. Whereas if you pursue your studies systematically and with diligence, not confining yourself to your recitations, but keeping in advance of them, in all your classical studies, and spending but a short time in reviewing them, you will be far more likely to acquire a taste for your studies and pursue them, not as a dreaded task, but as a most pleasant employment."

He immediately took a high standing in his class, which he maintained through his collegiate course. Although he had a peculiar taste for the languages, yet he had the reputation of a universal scholar. He was advised to prepare and present himself as a candidate for the premium provided to be awarded to the best linguist in the class ; but he declined it, on the ground, that his inclination led him to spend as much time in the study of the languages as he ought to do, without this stimulus. This was true ; for during his collegiate course he made himself perfect master of the Hebrew, Greek, and Latin. And after he left college and entered upon his profession, he continued through life to read the Old Testament in Hebrew, and the New Testament in Greek, with

Homer, Virgil, and the minor Greek and Latin poets, calculating to go through the course once in a year.

It appears, on examination of his papers, that during his collegiate life, and for a short period after, he exhibited a taste for poetry, but soon after he entered on his profession he desisted from writing poetry altogether. It is evident, therefore, that if he ever entertained an idea of appearing before the world as a poet, he very early abandoned it. I should not therefore, feel justified in publishing any of his juvenile productions, were I not persuaded that the man will, by their publication be more intimately known to the reader. It will I think appear highly probable that if he had not derived a higher degree of pleasure from the exercise of his reasoning faculties, he would have been attracted by the pleasures of the imagination to the cultivation of his poetic talents.

The following was written in May, 1775, soon after the Lexington battle, and is all that remains of the manuscript, the forepart of which has been torn oflf, and cannot be found. The piece was published in the New Haven Postboy, and as it related to British oppression and the doubtful contest for liberty then just commenced, it attracted considerable notice at the time.

Here, when a tyrant Britain's sceptre swayed, And persecuting zeal the land o'erspread. Led by the hand of Heaven across the flood. The sons of Liberty fixed their abode. Here desert wilds and trackless wastes they found. Here savages by thousands girt them round, With painted arms they poured their legions forth. In swarthy myriads from the pop'lous north.

To extirpate tliose mighty sons of fame, And from the earth to raze their envied name. In vain they swarmed — aimed their fleet shafts in vain, Overcome they fell upon the ensanguined plain. Now the untrod desert, cultivated, smiled ; And towns were settled through the pathless wild ; Young states were founded here and lived at ease, Enjoyed their freedom and their rights in peace ; Till France invaded — then the British arms Her boasted empire shook with dread alarms. With laurels were the British armies crowned, And Canada the British sceptre owned.

Now tyranny again has filled the throne, And from the British senate virtue flown. False to their oaths, and to their solemn trust, They tread the rights of nations in the dust. America, where freedom held her reiorn. Now first is doomed to wear the sailing chain. Oppressed, she groans beneath their lawless power, And quakes to hear the gathering tempest roar. Rise ! sons of freedom ! close the glorious fight, Stand for religion, for your country's right. Resist the tyrant, disappoint his hopes. Fear not his navies, or his veteran troops. Think on those heroes who resigned their breath To tools of tyrants, ministers of death, Who firm, the rage of tyranny withstood. And seal'd the cause of liberty with blood. Let their example patriot zeal inspire, And every breast with martial ardor fire. Oh Heaven ! be gracious ; save our sinking land, Crush our proud foes with thine avenging hand. Kindle thy thunders, bid thy lightnings fly, Let tempests heave the ocean to the sky. Plunge in the billowy deeps their naval power, Or cast them shipwreck'd on some unknown shore. /^Lct white-robed peace once more extend her reign. And justice hold the impartial sword again. 2

Under their influence let an empire rise, And far extend beneath the western skies. From sea to sea — from Darien to pole, Till time shall end, till years shall cease to roll.

The following was written to Mr. Cogswell, a classmate, in April, 1777, after he had received a Heutenant's commission in the army.

/ No more, my friend, I '11 rack my brains, To write in high heroic strains.

But since I see 't is what you choose, I '11 court the Hudibrastic muse.

And think you then the softer passion Of love, with me is out of fashion ?

Or think my heart so hard has grown, No charm can ever melt it down. ^ You 'd make your friend a very stoic For only jesting in heroic.

However, sir, since you 've begun, I '11 tell a tale to help it on.

When every beast could talk and chatter. As learned ^Esop tells the matter, On high there hung a bunch of grapes, For which a fox took many leaps; But when he found he could not gain them. He thus affected to disdain them : Hang them, he says, I '11 leap no more, For when they 're gained they 're cruel sour. Think you this fox would never leap, To catch another tempting grape .'' Or can you safely make the assertion, That all thenceforth were his aversion? Or should I now give o'er the tilt.

If one or two have play'd the jilt?

Because a lass has proved unkind, Can that forever sour my mind ?

You '11 think it strange what I assert, But I will venture to aver 't I ne'er found Heaven in smiles alone, Nor yet damnation in a frown. 'T is my opinion, sensibility Should never banish all tranquillity.

Avast ! methinks you say, enough Of this condemned insipid stuff.

Let's know how you employ your time.

Why faith, you see I 'm writing rhyme : |But I no more Parnassus tread, A foolish whim has turned my head.

The muse has lost her wonted charms.

And I am rushing on to arms.

No more I sing of bloody fight.

But now prepare myself to try't.

And leave to you the extensive rule You 've late acquir'd in country school ; Your whip, your ferrule and your pen, And cringing band of pigmy men.

Yes, you may laugh to see me cased In armor, with a cockade graced ; Nor will you laugh alone, I warrant.

The following were written in camp at Valley-forge, in February, 1778, to Mr. Fitch, a classmate, afterwards president of Williams College.

From where the Schuylkill rolls its waves. And Pennsylvania's meadows laves, To Fitch, mine and the muses friend.

These Iludibrastic lines I send.

While you drink deep the Aonian fountain. Or range Parnassus' sacred mountain.

Beneath those blooming shades recline, Surrounded by the immortal Nine !

To love, to joys, and tender pains ;

And while the plaintive numbers flow,

With raptures feel your bosom glow,

Or now unlock the learned store,

By sages treasured up of yore,

Trace mighty empires from their source.

See how they rose by freedom's force,

See how disinterest made them great.

Or fell corruption sapped the state ;

With god-like Plato moralize.

Or soar with Homer to the skies ;

Or now more modern works you read

As judgment, or as fancy lead.

And when the over-studied mind

To recreation is inclined.

In circle with the softer sex

Gayly in conversation mix.

Now woo the mistress of your heart.

Who feels herself the pleasing smart.

And glows alike with chaste desires,

A passion to the mob unknown

And felt by generous souls alone.

While you these rapturous scenes pursue,

Where pleasure rises ever new;

By cruel fate condemned to roam

Far from my friends and native home.

Where ruthless war in triumph reigns,

And desolation sweeps the plains.

Here must we feel the inclement air.

Bear all the unequalled toils of war ;

Meet hardship in a thousand forms.

Now scorch'd with heat, now drench'd with storms.

With cold and want maintain the strife,

Such are the ills of martial life.

And leaders cry aloud, to arms !

Now polished arms in dread array

Beaming, restore the blaze of day, —

The streaming standards blaze on high.

And front to front the hosts draw nigh ;

And now they close with direful shock,

The fields involved in flames and smoke,

That echoes to the distant shore.

While leaden deaths thick fly around,

And slaughtered heroes strew the ground.

Terror in every form appears.

Now shouts, now groans assail the ears.

The earth is drenched in streaming blood

That purples every neighboring flood ;

Till one deep pierced in disarray.

Is forced to yield the fatal day.

And now, my friend, come view the plain,

See here by deadly wounds subdued.

Thousands still weltering in their blood.

Their country's glory was their all.

For her they fought, for her they fall.

Oh grant, kind Heaven, these scenes may end.

And peace her olive-branch extend ;

In freedom this fair land be blest.

Nor Britain more our right contest.

Among the papers of the deceased I find translations of several odes of Horace, and of part of his satires — made during his collegiate life. The following is a short poem from Anacreon, paraphrased.

Unhappy he whose callous heart

Ne'er felt the joys of love, Whose bosom, steeled to soft desires,

Not Venus' self can move.

Unhappy he who yields his heart A pray to Love's enchanting snare,

Whose hopes of bliss alone depend On some inconstant fair.

But more unhappy he who loves,

Yet meets no kind return, Whose sighs, whose tears, and tender vows

Are all repaid with scorn.

Soon after the close of the revolutionary war, the people, from habits of idleness and dissipation, contracted during its seven years continuance, found themselves impoverished, and wholly unable to pay their debts. And as it ever is with individuals so it is with communities ; if they find themselves in a poor, distressed condition, they never once think of ascribing it to the true cause, their own misconduct, but invariably charge it to misfortune, or what is more natural and more common, to the wrong-doing of others. The distress of the people was not at that time laid to the oppressive aristocracy of wealthy individuals, they were too few in number to attract attention. But as the people felt the pressure of their debts through the courts, the lawyers, and the sheriffs, the cry was, " stop the courts," expel the lawyers, and resist the sheriffs ; and the people began to hold conventions to increase the excitement and to organize an opposition to the government. For this purpose a convention was holden at Wells, or rather in the " edge of Wells," for at that day, (how it is now I know not) all the inhabitants of Wells invariably gave as the place of their residence " The edge of Wells."

The convention published a journal of their proceedings, and the subject of this memoir, wrote and published the following as a burlesque on these proceedings. It was considered at the time, that it had a very salutary effect. Many individuals who had before favored the malecontents, were afterwards unwilling to be seen with them.

JOURNAL OF THE WELLS CONVENTION, 1786.

Whereas the assembly of this state

Have dared audaciously of late

With purpose vile the constitution

To break, or make a wicked use on;

By making laws and raising taxes,