Did slavery in Vermont really end in 1777?

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This clipping is from a 1786 copy of the Vermont Gazette, and appears in the book The Problems of Slavery in Early Vermont, 1777-1810.

This clipping is from a 1786 copy of the Vermont Gazette, and appears in the book The Problem of Slavery in Early Vermont, 1777-1810.

copyright the Chronicle February 26, 2014

The Problem of Slavery in Early Vermont, 1777-1810.  By Harvey Amani Whitfield.  Published by the Vermont Historical Society 2014.  140 pages with notes, documents and index.  $19.95

Reviewed by Paul Lefebvre

The assertion that Vermonters kept slaves into the early years of the nineteenth century not only skews the state’s constitutional ban on slavery but also calls into the question the historical belief we have of ourselves as a people who believe in live and let live.

Surely there can be no place for such a belief where men can live off other men’s labor and sell their children.  But that’s what historian Harvey Whitfield has found and documented in his new book, The Problem of Slavery in Early Vermont, 1777-1810.

For those who don’t have the date on the tip of their tongue, 1777 was the year Vermonters formed a Constitution that abolished slavery.  Well, not quite.  What the framers actually abolished was adult slavery.  The children of the new black freemen could still be for sale.

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UTG reject Seneca Wind

copyright the Chronicle January 15, 2014

by Paul Lefebvre

FERDINAND — Community opposition in three of the most remote northern towns of the Northeast Kingdom have shut the door on hosting what would have been the third industrial wind project planned for the region’s ridgelines.

On Monday, the Unified Towns and Gores (UTG) joined Brighton and Newark in rejecting a proposal to build a ridgeline wind project on Seneca Mountain.

The decision came on the strength of a referendum mailed to property owners, whose ballots were counted in the UTG office in Ferdinand Monday night.

By a margin of 171 to 107, voters rejected the project and left little choice but for the UTG five-member board of governors to follow suit.

“The board has agreed to support the vote, and that’s what we intend to do,” said Chairman Barbara Nolan, after the results of the vote were announced.

There was also little room to maneuver for Eolian Renewable Energy, the company that had been spearheading a project that came to be known as Seneca Mountain Wind (SMW).  The company had repeatedly vowed that the project would rise or fall on the results of the vote.

“We are committed to abide by the local vote,” said a disappointed John Soininen, a company vice-president who was present during the counting of the ballots.

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Orleans County now has its own forester

Orleans County Forester Jared Nunery on his first day on the job that was reinstated this year as a full-time position.  Photo by Paul Lefebvre

Orleans County Forester Jared Nunery on his first day on the job that was reinstated this year as a full-time position. Photo by Paul Lefebvre

copyright the chronicle December 4, 2013

by Paul Lefebvre

Not many young professionals would welcome a reporter’s questions on the first day of a new job.  But that’s where Jared Nunery found himself Monday, roughly six hours into the role as the new county forester for Orleans County.

“My goal is to be the best resource I can for the county,” said Mr. Nunery, who comes to the job with a degree in forestry from the University of Vermont.

A native of Freeport, Maine, Mr. Nunery has worked in a variety of forestry related fields that have taken him to places like Alaska and Montana — states whose land mass and wilderness dwarf that of Vermont.

In Montana he even had a job that many professionals in the outdoor world would trade their firstborn for — the reintroduction of wolves into a state known for big game such as elk, bighorn sheep, and mountain lions.

Not Mr. Nunery, who found counting wolves “incredibly boring.”

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In the UTGs: Has industrial wind worn out its welcome?

UTG webby Paul Lefebvre

copyright the Chronicle 11-13-2013

ISLAND POND — Seneca Mountain wind developers stuck their head in the lion’s den here Monday night, and the lion roared back.

Eolian Renewable Energy is proposing a 20-turbine project for Seneca Mountain that would be sited exclusively in the town of Ferdinand, a small, sprawling community and a member of the Unified Towns and Gores (UTG). Continue reading

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Rifle season for white-tailed deer opens November 16

deer menard web

The weekend before rifle season is set aside for youth hunters. Noah Menard of Barton poses proudly with the spikehorn he shot Sunday, November 10, in Barton. He and his father, Nathan, stopped by the Chronicle for a photo before having the deer weighed, but his first buck, taken at a distance of 55 yards, was big enough to put a smile on the eight-year-old’s face. Photo by Joseph Gresser

by Paul Lefebvre

copyright the Chronicle 11-13-2013

Why do deer hunters enjoy less success in the Northeast Kingdom than they do elsewhere?

The 2013 deer rifle season opens Saturday, and the Department of Fish and Wildlife is projecting a harvest similar to 2012 when rifle hunters took 6,159 buck over the 16-day season.

Adam Murkowski, the department’s top deer biologist, said he expects that 16 percent of the state’s deer population will be harvested.  He estimated the herd’s present population at roughly 130,000, and noted that the harvest rate has been stable for the last few years. Continue reading

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Vermont history through the eyes of a lawyer

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paul gillies book webUncommon Law, Ancient Roads, and other Ruminations on Vermont Legal History, by Paul Gillies.  Published by the Vermont Historical Society. 2013.  414 pages with index. $24.95.

Reviewed by Paul Lefebvre

People who major in history in college often find themselves going to law school once they graduate.  More often, anyway, than those who major in physics or biology.  Ironically, Paul Gillies, who has a master’s degree in English from the University of Vermont, reversed that familiar transition by becoming a historian after he first became a lawyer.

Fortunately, for anyone interested in Vermont history, it’s been a seamless transition.  As a lawyer with a flair for writing, Gillies has given us a book that is quirky, original and highly entertaining as a study of Vermont’s past.

What’s original about Uncommon Law, Ancient Roads and Other Ruminations on Vermont Legal History, is how revealing our laws reflects our history.  Not just the laws as they were passed 200 years ago, but as recent as the Ancient Road Law that was passed by the Legislature in 2006.

The key question underlying ancient roads, say Gillies, writing as an attorney, is:  “What happens when the town announces it intends to develop the public road that runs through your property that nobody has traveled for several centuries?”

The question requires a legal resolution, but Gillies the historian frames its importance in a much larger context.  The lasting value in finding ancient roads — those having “no nexus to the current highway map” — is to show how a town evolved, or “how the hill farms were abandoned, the villages developed, and the land subdivided.”

Politically, a republic is a country governed by laws.  And to read Gillies is to see how laws mirror a country or state’s historical development.

Following the American Revolution, the country as well as Vermont did away with the British custom of judges wearing scarlet and ermine robes in court.  The tradition of judges wearing robes, however, remained.

By wearing a robe, explains Gillies, “the person is covered up and the office made manifest by the costume.”  And while individual judges may retire, “the robe comes back every day.”

Not to be outdone by members of the judicial branch, Vermont legislators even went one step further in 1789 by allowing members to “sit with their heads covered, except when they address the Speaker.”

Gillies, himself, appears to have little patience with some of the practices still at work today when a Latin phrase is used instead of an English one.  For while it may elevate a proceeding, he says, it also has a downside for the layman who has come to court.

“Latin can be so powerful, until you have to translate it, and then it falls flat, like explaining a joke to someone who doesn’t get it.”

Property laws or those regulating trade and commerce often come in reaction to something that is causing a conflict.  Gillies lays out an number of case histories on point, including those stemming from an eighteenth-century enterprise that every spring churned the waters of the Connecticut River until the early nineteen-hundreds:  the log drives.

“Like the law, log driving took balance, judgment, and quickness,” he writes in verve that is typical of his style.

In 1785 the Legislature passed a law that gave an owner nine months to remove his logs from a drive that had become snared by the river.  Similar laws ruled that the logs could be no longer than 20 feet and had to be marked for identification by the owner.

Throughout the decades there were laws passed that regulated log diameters and set deadlines for driving logs from one point to another.

“The present law is a museum of regulations of the log driving industry,” write Gillies.  And they still remain on the books.

Selectmen determine the location of the boom in rivers and streams to hold back the logs, “and no boom may be anchored until the fees are paid,” Gillies writes.

“Should log drives come back, the law awaits them.”

Packed into this big book — which can easily be read as an anthology — is a chapter on what Gillies understandably calls “Luminaries,” former Supreme Court Justices.  As profiles they run the gambit from Nathaniel Chipman — who in 1786 at 33 years old was elected to serve on the Supreme Court — to Justice F. Ray Keyser, who joined the Court in 1964.

Justice Chipman was Vermont’s foremost legal scholar, but what he contributed to the state’s legal foundation is, in Gillies’ view, the lynchpin to what we have become today as a society.

In his Sketches of the Principles of Government, written in 1793, Justice Chipman took a very benign and, at the time, radical view of human nature.  People do not need a government to protect themselves from each other, because they have a natural “relish for society.”

In other words, writes Gillies, “human beings in Chipman’s view were drawn intuitively to society, order, and organization as a fulfillment of their quest for happiness and social improvement.”

Among his peers, Gillies says, Chipman was a lawyer who liked to play in deep waters but had difficulty when it came to sustaining a lawyer-client relationship.

The profiles make up a hefty third of the book, which may explain why Gillies offered a writer’s disclaimer before forging ahead.

“Each essay is a violation against the law of practicing psychology without a license, but the perfume of the temptation is irresistible against the possible odor of the risk,” he writes.

Gillies concluded his book with a lengthy examination of Act 250, whose significance for Vermont he underscores by writing:

“In 1969, there was Woodstock, Vietnam, the moon landing, the Manson murders, and Act 250.”

He credits Governor Deane Davis for seeing the need and the 1970 Legislature for following through to pursue “a public interest in traditionally private matters when it comes to land and how it is used.”

Gillies says that Act 250 has reached maturity, and traces its evolution over four decades.  The results over the first ten years were mixed, or constitute what the author calls a difficult childhood.  By 1980, he says the Act “had found its bearings,” after the Legislature eliminated the “ten-acre loophole,” which took away lot size as an exemption from Act 250 review.

The third decade, “its most difficult,” saw wrangles with the Legislature over membership on the Environmental Board.  An Environmental Court was created.  Accusations proliferated that the Act 250 process was too unwieldy.  Gillies called it a time for retrenchment.

Throughout its fourth decade, which began in 2000, Act 250’s power to regulate was diminished by the Legislature and the High Court, according to Gillies.

Speaking of the Act as a process, the author writes:  “It has been revised almost as often as educational theory.  What other law has had to be saved so often?”

As a lawyer, Gillies has made his mark by representing towns.  Before ancient roads became such a hot political issue, he may have been municipal government’s first road warrior.  To that end, he is also the first historian to study the state’s past by looking at its routes of travel.

“The developing road network is a revelation of several centuries of community evolution,” he writes.

“This is the beginning of the golden age of Vermont highway law.”

contact Paul Lefebvre at paul@bartonchronicle.com

For more free articles from the Chronicle like this one, see our Reviews pages. For all the Chronicle’s stories, pick up a print copy or subscribe, either for print or digital editions.

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Moose harvest lagging at mid-season

Barry Adams of Lyndonville hunting with his father, Dave, shot this 442-pound cow in Wheelock Monday morning.  Photo courtesy of Cedric Alexander

Barry Adams of Lyndonville hunting with his father, Dave, shot this 442-pound cow in Wheelock Monday morning. Photo courtesy of Cedric Alexander

by Paul Lefebvre

BARTON — Halfway through the 2013 season and the moose harvest is running about 40 percent behind last year’s figures at this time, according to biologist Cedric Alexander of the state’s Fish and Wildlife Department.

Early estimates suggest that 115 moose had been taken as of Monday night, said Mr. Alexander, the department’s moose biologist who was at the Barton reporting station Tuesday.

Mr. Alexander attributed the trailing harvest to a reduction in permits — about 30 fewer than were issued a year ago.

A hunter not included in the mid-season report was Chris Manges of West Burke, who shot a 622-pound cow Tuesday in Craftsbury.

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Passenger train might come to Island Pond

Kato's Railroad

copyright the Chronicle, October 9, 2013

by Paul Lefebvre

ISLAND POND — For two private developers who would like to start a nighttime rail passenger service between Montreal and Portland, slow is beautiful.

The working name for the project is train-hotel, and in a special meeting here Tuesday with Brighton Selectmen, Francois Rebello of Montreal and Richard Bennett of Biddeford, Maine, laid out a business proposal that would warm the heart of nearly everyone in a town that the railroad put on the map.

Essentially, the pair want to put evening passenger trains on three different routes, all linking Montreal to New York.  Initially, the trains would run for three months, starting in the summer.

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In Island Pond: Quebec maple firm seeks syrup factory

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IP maple web

The REM building in Island Pond. Photo by Paul Lefebvre

by Paul Lefebvre

ISLAND POND — A Quebec maple company may be setting up shop in an empty factory here that failed to gain traction as a woodworking facility and create jobs after the Ethan Allen plant shut down in 2000.

The empty factory, known as the REM building on Meadow Street and owned by the town, could have a tenant as early as the middle of the month, according to Brighton Administrative Assistant Joel Cope.

A representative from Bernards Maple of Saint-Victor, Quebec, talked to Brighton’s selectmen late last month, and on Tuesday confirmed that the company is interested in leasing the building and more.

“It’s not a building we’re looking at, it’s an industry,” said Jacques Letourneau, who is negotiating with the town on behalf of the company.

Mr. Letourneau, who spoke guardedly during a brief telephone interview, said negotiations over leasing the building with an option to buy are still at a very preliminary stage, and he preferred “not to divulge anything until everything is in place.”

According to the minutes of the August 27 selectman’s meeting, the company would like to move in by September 16 and have environmental permits in place by the end of October.

“We’re happy to help them with that and move through the process,” said Mr. Cope, speaking in an interview last Thursday.

Still uncertain is what the deal would mean in terms of jobs.  Best estimates suggest that only a few jobs would be created at the outset, with as many as 30 to 40 to “maintain the operation” and three or four permanent jobs at the plant.  Yet the potential has the power to excite town officials.

“We think it’s a very exciting opportunity and is exactly what this community needs,” said Melinda Gervais-Lamoureux, chairman of the Brighton selectmen.

She said the company is considering a two-phase development over four to five years, “and that’s where the jobs will come from.”

The deal offered by the town last week would be to lease the factory for $15,000 — $1 per square foot — with the annual lease payment going toward a $250,000 purchase price.

Tentatively, the company plans to make maple syrup in the building with sap trucked in from maple bushes in the area that it seeks to lease.  To that end, it has already begun talks with Plum Creek, the large timber company that owns more than 86,000 acres in northern Essex County.

Mr. Cope said the company would like to collect sap from roughly 100,000 taps, and expand up to one million.

“If they can find the land and the trees,” he added.

Mr. Letourneau said the company knows the trees are there, having done its research before approaching the town.  Realtor Mick Conley of Derby, who is serving as the company’s agent in Vermont, said Essex County has the third highest number of maple trees in the state.

Mark Doty, a public affairs agent with Plum Creek, would only confirm Tuesday that the Canadian company has expressed an interest.  “It’s still very, very preliminary,” he said.  “Nothing to report.”

The town put the REM building on the market about a year ago, according to Mr. Cope.  It derives its name from the previous owner, Robert E. Miller of South Burlington, who gave the building to the town after its previous tenants — the Island Pond Woodworkers, an employee-owned woodworking factory — failed to make a go of it.  Mr. Cope estimated the town has owned the building since 2010.

Located in Saint-Victor, about an hour south of Quebec City and 125 miles north of Island Pond, Bernards Maple is a fifth-generation-owned company that “has been making maple syrup for over 200 years,” said Mr. Letourneau.

As a company it is involved in every aspect of the maple industry, from tapping the trees to distributing the final product.

“We’re about as close to the consumer as you can get without putting it in the refrigerator,” he said.

The company plans to start off slow and expand.  It wants assurances from the town that it will be able to put on a 5,000-square-foot addition to the building without running into any regulatory delays.

Located in a light industrial zone, the building already has an Act 250 permit.  On Tuesday Steve Paterson, who heads the regional planning agency, the Northeastern Vermont Development Association (NVDA), said his group is looking at what additional permits may be required.

According to the minutes of the selectmen’s meeting last month, the company could be running as many as ten big trucks a day into Meadow Street at certain times of the year.  The REM building appears to be well situated to overcome any permitting obstacles.

“None seem to be insurmountable to me,” said Mr. Cope.

If the company comes to town, one change that will occur quickly is that the building will change its name to the Island Pond Maple Factory.

Mr. Letourneau said Tuesday that, as an old family company in Quebec, Bernards Maple wants the community to be involved.  He told selectmen that the company wants to make sure that the residents of Meadow Street are not disturbed by the heightened traffic on their street.  And on Tuesday, he spoke of the need for community support for the project.

Presumably, that support will grow as jobs become available.  But as Ms. Gervais-Lamoureux noted, the potential for jobs will increase only if the factory is occupied.

contact Paul Lefebvre at paul@bartonchronicle.com

For more free articles from the Chronicle like this one, see our Editor’s Picks pages.  For all the Chronicle’s stories, pick up a print copy or subscribe, either for print or digital editions.

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In Barton: Chronicle reporter watches car get stolen

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by Bethany M. Dunbar

BARTON — A veteran reporter for the Chronicle had his car stolen from the office as he was working inside on Tuesday.  But about three hours later, the vehicle was found in Orleans, and the person who took it was caught.

About 3:30 p.m., Assistant Editor Natalie Hormilla Gordon arrived for her evening shift job and noticed a young man in a hooded sweatshirt sitting in Paul Lefebvre’s car, holding the steering wheel.

She did not recognize him, thought it was odd, and when she went inside, she told Mr. Lefebvre, who went outside to take a look.  By then the car was being driven from the scene, badly.  It’s a Honda CRV with standard shift, and the driver was stalling as he made his getaway, down Water Street and north on Route 5, as Mr. Lefebvre watched.

Thinking he might be able to head it off on foot, Mr. Lefebvre cut through the schoolyard at a run to try to get his car back.

The attempt proved unfruitful, so he came back to the office where he called the State Police to report the theft.  Chronicle staffers also decided to post the car’s theft on Facebook.  Trooper Erika Liss came to the Chronicle office and interviewed Mr. Lefebvre and Ms. Gordon, who had got a good look at the robber.  She described him as a white male in his twenties, average size, with blue eyes, wearing a Navy blue hoodie.

“He had his hands on the wheel, looking kind of intense,” she said.  “He was just sitting there, and I thought, maybe he knows Paul.”

Mr. Lefebvre said his first thought was, “How am I going to get home tonight?”

His car had been in an accident about a week and a half before, and the back window was smashed out and covered with a green tarp and duct tape.  It also had problems with the door, created in the accident.

Mr. Lefebvre said it has not been a very lucky car for him, as he has had to put in a new motor, water pump, and clutch.

“I think that car has a hex on it,” he said.

But Mr. Lefebvre’s luck was apparently turning a few hours later, when people started calling the office to say they had seen the car in Orleans Village.  They were aware of the theft due to the Facebook post.  Mr. Lefebvre called the police back to say the car had been spotted in Orleans, and Lieutenant Kirk Cooper went to the village, spotted the car and found out the driver was in the bathroom at the Sunoco station.  The driver, who said he is from Enosburg and had no wallet with him, was cited after he came out of the bathroom.

Mr. Lefebvre had his car back, and nothing seemed to be missing from the vehicle.

contact Bethany M. Dunbar at bethany@bartonchronicle.com

For more free articles from the Chronicle like this one, see our Editor’s Picks pages.  For all the Chronicle’s stories, pick up a print copy or subscribe, either for print or digital editions.

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