Records of the Governor and Council of the State of Vermont

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RECORDS

OF THE

GOVERNOR and COUNCIL

OF THE

STATE OF VERMONT.

V ■" ' ?» -° '?•>'* ••' V" » j*°

VOLUME IV.

EDITED AND PUBLISHED BY AUTHORITY OF THE STATE

By E. P. WALTON.

MONTPELIER:
STEAM PRESS OF J. & J. M. POLAND.

1876.

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CONTENTS OF VOLUME IT.

I. PORTRAIT of Lieut, and acting Gov. Paul Brigham, frontis-

piece.

II. RECORD of the GOVERNOR AND COUNCIL, (Fifteenth Coun-

cil,) Oct. 1791 to Oct. 1792 1-20

Record of the Sixteenth Council, Oct. 1792 to Oct. 1793 21-40

Record of the Seventeenth Council, Oct. 1793 to Oct. 1794 41-59

Record of the Eighteeth Council, Oct. 1794 to Oct. 1795 60-82

Record of the Nineteenth Council, Oct. 1795 to Oct, 1796 83-104

Record of the Twentieth Council, Oct. 1796 to Oct. 1797 105-136

Record of the Twenty-First Council, Oct. 1797 to Oct. 1798... 137-167
Record of the Twenty-Second Council, Oct, 1798 to 1799. . . .168-214

Record of the Twenty-Third Council, Oct. 1799 to 1800 215-255

Record of the Twenty-Fourth Council, Oct. 1800 to Oct. 1801.256-289
Record of the Twenty-Fifth Council, Oct. 1801 to Oct. 1802. .290-325
Record of the Twenty-Sixth Council, Oct. 1802 to Oct. 1803. .326-367
Record of the Twenty-Seventh Council, Oct. 1803 to Oct. 1804.368-422

III. APPENDIX A.— Vermont in 1791, as viewed by a Vir-

ginian 423

No Slaves in Vermont in 1791 425

IV. APPENDIX B.— Amendments to the Federal Con-

stitution ( 426-432

The twelve amendments proposed in 1789, [ten adopted,] 426

The eleventh amendment, judicial jurisdiction 426-429

Proposed amendment in 1798, on eligibility of President, &C..429-431

Twelfth amendment, on election of President and V. P 431

Proposed amendment on certain elections by districts 432

V. APPENDIX C— Letters of Public Officers of Ver-

mont, 1791 to 1802 433-445

Letters of Gov. Thomas Chittenden, 441, 442; Roger Enos, 435;
Samuel Hitchcock, 442; Roswell Hopkins, 442, 444; Jon-
athan Hunt, 440; Samuel Knight, 433, 437; Joseph Marsh,
441; Israel Morey, 438; Peter Olcott, 436; Elijah Paine,
433, 436; Thomas Porter, 439 ; Moses Robinson, 440;
Isaac Tichenor, 441. 443, 444; David Wing, jr., 445; Enoch
Woodbridge, 439.

VI. APPENDIX D.— Internal Improvements 446-453

Champlain Canal, and Navigation of Connecticut

river 446

The canal suggested by Vermonters in 1790, 447; Letters of
Gen. Philip Schuyler on, 449, 450; report on, 451; ena-
bling act for, 452; steamboats on Connecticut river, 453.
— See p. 438 for the first steamboat.

M160116

iv Contents.

VII. APPENDIX E.— Surveillance of the northern

frontier by British Troops, 1783 to 1796 454-478

Organization of the town of Alburgh, 454 ; Letter of Henry
Caldwell, 456; Interference at Alburgh of British officers
in 1792, 457; Correspondence and depositions thereon,
458-471 ; Renewed interference in 1794 — Vermont charged
with endangering the peace of the country, 471; Corres-
pondence and depositions thereon, 473-478; Withdrawal
of the British troops, 478.

VIII. APPENDIX F.— Military Contributions of Ver-

mont for U. S. Service, 1792 to 1800 479-484

The Vermont Company in Wayne's Indian War, 1792 to 1795,
479-482; the Minute-Men of 1794, 482, and of 1797-8, 483;
Vermonters in 16th U. S. regiment in 1798-9, 483.

IX. APPENDIX G. — Extradition of Fugitives from jus-

tice, 1796 to 1799 485-489

Correspondence and legislative action, 485-488; form of war-
rant, 488.

X. APPENDIX H. — Addresses of the General Assem-

bly to Presidents of the United States. . .490-500
Address to Prest. Washington, 490 — reply thereto, 491; to
Prest. John Adams, 492— reply thereto, 495; to Prest.
Jefferson, 497, 499— replies thereto, 498, 500.

XL APPENDIX I.— Obituary Notices 501-503

Of Gov. Thomas Chittenden, 501 ; of Doct. Jonathan
Arnold, 503.

XII. APPENDIX J. Governor's Speeches to the Gen-

eral Assembly, 1797 to 1803 504-524

Of Gov. Tichenor, in 1797, 504; in 1798, 506— reply thereto,
509; in 1799, 510 — reply thereto, 512; special message in
1799, and reply, 514; case of John Griggs, 515; in 1800,
516 — reply referred to, 518; in 1801, 518 — reply referred
to, 520 ; in 1802, 520— reply noted, 522 ; in 1803, 522—
reply referred to, 524.

XIII. APPENDIX K.— The Kentucky and Virginia Res-

olutions of 1798 525-529

Answer of Vermont to Kentucky, 526; to Virginia, 529.

XIV. APPENDIX L.— Last Speech of Gov. Chittenden

to the General Assembly 530

XV. ADDITIONS AND CORRECTIONS 531

XVI. ACKNOWLEDGMENTS AND NOTE 532

XVII. GENERAL INDEX 533

FIFTEENTH COUNCIL.

OCTOBER 1791 TO OCTOBER 1792.

Thomas Chittenden, Williston, Governor.
Peter Olcott, Norwich, Lieutenant Governor.

Councillors:

Timothy Brownson, Sunderland,
John Fassett, jr., Cambridge,1
Jacob Bayley, Newbury,
Thomas Porter, Tinmouth,
Samuel Safford, Bennington,
John Strong, Addison,

Jonathan Hunt, Vernon,
Eben'r Walbridg-e, Bennington,
Isaac Tichenor, Bennington,2
Luke Knoulton, Newfane,
Jona. Arnold, St. Johnsbury,
Ebenezer Marvin, Tinmouth.

Joseph Fay, Bennington, Secretary.
William Sweetser, Windsor,. Sheriff.

BIOGEAPHICAL NOTICE.

Ebenezer Marvin, then a resident of Tinmouth but subsequently of
Franklin, according to his grandson, the late chief justice Royce, was
born in the south-west part of Connecticut, in April 1741. His occupa-
tion until some years after his marriage was that of a farmer, but he
qualified himself for the medical profession, which he followed until
1794, when his age and a competent estate induced him to retire from
practice. He was a resident of Sharon, Conn., in 1766, but removed to
Stillwater, N. Y., from thence to Lansingburgh, from thence to Tin-
mouth, Vt, in 1781, and from Tinmouth to Franklin in 1794, where he
died of paralysis in November 1820, in his 80th year. His public servi-
ces were various and valuable. At the approach of the revolutionary

1 Judge Fassett was elected Councillor, but did not attend or serve
as such; and did not take the oath of office, unless he was sworn by the
governor after the only session of that body had been closed.

2 Oct. 25 1791, Mr. Tichenor resigned his seat to accept the office of
judge of the supreme court. Paul Brigham was elected to fill the va-
cancy, but served in the House during the session.

1

2 Governor and Council — October 1791.

war, he took an active part and contributed liberally of his means to the
cause. His first military service was as captain of a company of volun-
teers who marched to support Ethan Allen and Benedict Arnold at
Ticonderoga; but subsequently he served as surgeon in the continental
service, and in that capacity was present at the battle with and surren-
der of Burgoyne, in October 1777. He was judge of Rutland county court
in 1786, and from 1788 to 1794, when he removed to Franklin. He was
judge of Chittenden county court from 1794 until 1796, and of Franklin
county court from 1796 until 1802, and again from 1808 until 1809— in all
sixteen years. He represented Tinmouth in 1783, and from 1786 until
October 1791, when he took his seat in the Council — six years. His ser-
vice in the Council was from 1791 to 1802 — eleven years. Though he
was not educated for the bar, chief justice Royce declared that through
his long experience as a judge and his powers of discrimination and
judgment, he became " what may justly be styled a great common-sense
lawyer." Chief justice Royce described him thus:

In person, judge Marvin was august and impressive, being at least six
feet in height, with broad shoulders, full chest and stout limbs, every
way strong and muscular, and withal quite corpulent. A larger human
head than his is rarely if ever seen. In politics he was a federalist of
the Washington school, and in religious preference and profession an
Episcopalian.

See Vermont Historical Magazine, Vol. n, articles " Berkshire," and
"Franklin;" and Deming's Catalogue.

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT WINDSOR,

October 1791.

State of Vermont, Windsor, 13th- October 1791.

At a General Election Holden at Windsor on Thursday the 13th day
of October 1791. Present His Excellency Thomas Chittenden Esqr-
Governor, His Honor Peter Olcott Esqr- 1> Governor, and the following
members of the Honorable Council viz1- Timothy Brownson Jacob Bay-
ley Samuel Safford Thomas Porter Ebenezer Walbridge John Strong
Jonathan Hunt Isaac Tichenor Luke Knoulton Jonathan Arnold and
Joseph Fay Secy William Sweetser Sheriff.

Resolved that a Committee of Seven be appointed to join a Committee
from the House, to receive sort and Count the votes of the Freemen for
Governor, L*- Governor, Treasurer, and Twelve Councillors; Members
choosen Mr- Safford, Mr Brownson, Mr Strong, Mr- Tichenor, Mr- Knoul-
ton, Mr Arnold & Mr- Hunt.

Governor and Council — October 1791. 3

The Committee Having attended to the business of their appoint-
ment, Report the following Gentlemen to be Elected into office for the
year Ensuing viz4- His Excellency Thomas Chittenden Esqr- Govr- His
Honor Peter Olcott Esqr- J> Governor, And the Honorable Samuel
Safford Isaac Tichenor Jonathan Hunt John Strong Luke Knoulton
Jonathan Arnold John Fassett Jur- Jacob Bayley Timothy Brownson
Ebenezer Walbridge Thomas Porter & Ebenezer Marvin1 Counsillors,
Honble- Samuel Mattocks Esqr- Treasurer.

Adjourned to 9 °Clock Tomorrow.2

Friday, 14th- October 1791.

Met according to Adjournment. Present His Excellency Thomas
Chittenden Esqr- Gov- His Honor Peter Olcott Esquire L* Governor
and the following Members of the Honorable Council viz4- Timothy
Brownson Jacob Bayley Thomas Porter Samuel Safford Ebenezer Wal-
bridge John Strong Jonathan Hunt Isaac Tichenor Luke Knoulton
Jonathan Arnold. Joseph Fay Secy- William Sweetser Sheriff.

His Excellency the Governor, and the Honorable Council Having Taken
the Oath to Support the Constitution of the United States, were duly
qualified to Take the seats in Council.3

The Honorable Ebenezer Marvin Esquire being duly qualified and
sworn to Support the Constitution of the United States & having taken
the Oath of office, took his seat in the Council accordingly.

1 Occasionally written Mervin in the legislative journals.

2 From the Vermont Journal of Oct. 18 1791 :

Last Thursday, being the anniversary election of Governor and Coun-
sellors for this State, the day was ushered in by the beat of drums. —
About 10 o'clock, His Excellency the Governor, with His Honor the
Lieutenant Governor, accompanied by several Gentlemen of the Coun-
cil, and others, were met a few miles from this town [Windsor,] by a
troop of horse commanded by Capt. Hawley, and received on the parade
by Capt. Hodgman's company of Artillery, and Capt. Leverett's com-
pany of Light-Infantry — each corps in most beautiful uniforms : Their
manoeuvrs and discipline, on this occasion, would have met the applause
of regular troops.

The Committee appointed for the purpose, having declared His Excel-
lency Thomas Chittenden, Esq. duly elected Governor, the same was
announced by the discharge of fifteen cannon from the parade, by Capt.
Hodgman's Artillery company.

A sermon, suitable to the occasion, was delivered by the Rev. Mr.
Shuttlesworth, of this town, with his usual energy and pathos.

In the evening an elegant ball was given by a number of Gentlemen
of this town, to a most brilliant assembly of Gentlemen and Ladies of
this and the neighbouring States.

Rev. Samuel Shuttleworth, of Windsor, was appointed chaplain for
the session.

3 The Governor and Council then joined the House, and the Governor
" laid before the Legislature several communications from different pub-
lic offices, among which were the proposals of amendment to the Con-
stitution of the United States communicated from Congress; which were
read, and laid on the table." — Printed Assembly Journal. See Appen-
dix B.

4 Governor and Council — October 1791.

The Ballots being Taken for the appointment of Secretary to the
Council, Joseph Fay was declared to be duly Elected, and Took the
necessary Oath to Support the Constitution of the United States, and
duly to execute the office of Secretary.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

A bill from the House was received, appointing a Committee of seven
to join a Committee from Council, to make the necessary arange-
ments of the business to be Transacted the present Session.

Resolved that Mr Safford & Mr- Knoulton join said Committee.

Adjourned to 9 °Clock Tomorrow.

Windsor 15th- October 1791.

Met according to adjournment. Present His Excellency Thomas
Chittenden Esqr- Gov1-- His Honor Peter Olcott Esquire L1- Governor
and the following members of the Honble Council viz1- Timothy Brown-
son Jacob Bayley Thomas Porter Samuel Safford Ebenezer Walbridge
John Strong Jonathan Hunt Isaac Tichenor Luke Knoulton Jonathan
Arnold Ebenezer Marvin. Joseph Fay Secy- Wm- Sweetser Sheriff.

A Message was recd- from the House by Mr- Hitchcock, requesting the
Governor and Council to join the House in Grand Committee to take
under consideration the validity of the former Election of Senators to
represent this State in the Senate of the United States.

His Excellency by a Resolution of Both Houses was declared to be
Ex offisio [officio'] Chairman in Grand Committee [and] Joseph Fay
Clerk.

The further Proceedings of the Committee entered on the journals of
the House of Assembly.

Adjourned to 2 °Clock P M.

Met according to adjournment.

The Governor and Council Proceeded to the House and joined in
Grand Committee for the further consideration of the appointment of
Senators. The question being decided that the former appointment was
premature, the Committee dissolved, and the Council returned to the
Council Room.

In General Assembly Octr- 15 1791.

Resolved that Monday next at the opening of the House in the after-
noon be assigned to Elect Senators to represent this State in the Senate
of the United States.

Extract from the Journals. Roswell Hopkins, Secy- of State.
In General Assembly 15 October 1791.

Resolved that Thursday the V- day of December next be Observed as
a day of Public Thanksgiving throughout this State; and that His Ex-
cellency the Governor in Council be requested to Issue his Proclama-
tion accordingly.

Extract from the journals. L. R. Morris, Clerk.

Adjourned until 10 ° Clock Monday next.

In Council Monday Windsor 17th- October 1791.
Met according to adjournment. Present His Excellency Thos- Chit-
tenden Governor, His Honor Peter Olcott Esqr- I> Governor and the
following members of the Honble- Council viz*- Timothy Brownson Jacob
Bayley Thomas Porter Samuel Safford Ebenezer Walbridge John

Governor and Council — October 1791. 5

Strong Jonathan Hunt Isaac Tichenor Luke Knoulton Jonathan Ar-
nold Ebenezer Marvin. Joseph Fay Secy- Wm- Sweetser Sheriff.

Resolved to join the House in Grand Committee at 2 °Clock P. M. for
the purpose of'Elecling Sennlors agreeable lo the order of Saturday.

The Honorable Samuel Mattocks Esqr- Treasurer appeared before
the Governor and Council and was duly qualified to serve in that office,
by the taking the necessary Oaths of office, and to Support the Constitu-
tion of the United States.

The said Treasurer also as Principle [principal] and the Honble John
Strong & Nathaniel Chipman Esquires as Sureties was Recognized in
due form in the Sum of Ten thousand Pounds Lawful Money, to the
Secretary of State for the faithful performance of his duty in his said
office of Treasurer. Attest, Joseph Fay, Secy-

Adjourned to 2 °Clock P. M.

Met according to adjournment.

The Governor and Council proceeded to Ballot for the Senators. The
ballots being Taken The HonbIe Moses Robinson Esq1"- was declared by a
Majority of all the votes to be duly nominated the first Senator.

The Ballots being taken for a Second, The Honble Stephen R. Bradley
was declared by a Majority of the whole votes to be duly nominated.

A message from the House was recd by Mr- Chipman, requesting the
Governor and Council to join in Grand Committee for the purpose of
Comparing the nominations of the the Two Houses for Senators, and to
proceed to Election.

The Governor and Council joined accordingly and compared the nom-
ination, when the Honorable Mosos Robinson, and Stephen R. Bradley,
was declared to be duly Elected Senators to Represent this State in the
Congress of the United States.1

1 By letters of Oct. 10 1791, addressed to Gov. Chittenden and Speaker
Olin, Senator elect Moses Robinson stated that it had been suggested
that the election of U. S. Senators at the previous session was prema-
ture, and urged a decision of that question as soon as possible, inasmuch
as Congress was to meet in the last of the then present month. Oct. 15,
one of these letters was read, when Matthew Lyon moved, and the House
resolved, that the election was premature. Probably the ground taken
was, that the election on the 19th of January 1791 preceded by six weeks
the date fixed by Congress for the admission of the State into the
Union. Both houses joined immediately in grand committee, and after
a long debate in the morning session and extending into the afternoon,
the question was decided in the affirmative, and the 17th was fixed for
another election. On the morning of that day, says the Assembly Jour-
nal, " General Bradley appeared on the floor of the House, and in a
handsome and well adapted speech resigned the credentials of his elec-
tion as a member of the Senate of the United States, into the hands of
the Secretary of State." Neither the official records nor the Vermont
newspapers give the names of the unsuccessful candidates; and the only
clue discovered is a copy, in the Vermont Journal of Oct. 18 1791, of a
humorous hand-bill which was posted in Windsor on the day preceding
the election. It characterized the election as u Federal Racing," and de-
scribed the racers thus: "Eastern Racers— The Past-Time [Stephen R.

6 Governor and Council — October 1791.

The Committee then Kesolved to proceed to Elect Judges of the Su-
preme Court. The ballots being Taken the Honble Samuel Knight was
Elected chief Judge, and the Honble Elijah Payne [Paine] & Isaac Tich-
enor Esquires was declared to be duly Elected side judges. Committee
adjourned until 2 °Clock Tomorrow then to Elect county officers.1

Adjourned to 9 °Clock Tomorrow.

Tuesday 18th- October 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor J> Governor Olcott, and the following Members
of the Honble Council viz4 Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt
Isaac Tichenor Luke Knoulton Jonathan Arnold Ebenezer Marvin.
Joseph Fay Secy- William Sweetser Sheriff.

A bill was recd from the House Stating the 3d- 4th- & 6th- Articles in the
bill of arangement & appointing a Committee to join a Committee from
the Council to Take into consideration the aforesaid articles; Resolved
that Mr Marvin and Mr Tichenor join said Committee.2

A bill from the house was recd- on the 5th- article of arangement for
amending the Militia bill [act,] and a Committee appointed to join a
committee of Council; Resolved that Mr Walbridge and Mr- Strong join
said Committee.

Adjourned to 2 °Clock P. M.

Met according to adjournment & proceeded to join the House in
Grand Committee agreeably to the order of yesterday for the purpose of
Electing County officers, when they proceeded to read the nomination
of the Counties of Bennington, Rutland, Windham, Addison & Chitten-
den; the whole not being Returned adjourned to Thursday morning
next at 9 °Clock, and the Council returned to the Council Room.

A bill from the House was recd- upon the 10th- article in the arange-
ment viz4- that the Legislature Take under consideration the expediency
of Opening a Communication between the waters of Lake Champlain
and Hudson River, and also of rendering the Navigation of Connecticut
river more Easy and advantageous, was [which had been] read and re-
fered to a Committee of one member from each County to join a Com-
mittee of Council. Resolved that Mr- Arnold join the above Committee.

Bradley,] Peacock [possibly Elijah Paine,] Pretty Town Horse, Old
Roger [Enos,] Narraganset Pacer [Jonathan Arnold,] Connecticut Blue
[Nathaniel Niles.] Western Racers — The Old Script [Moses Robinson,]
Jersey Sleek [Isaac Tichenor,] Figure, Bold Sweeper [probably Mat-
thew Lyon,] Northern Ranger [probably Samuel Hitchcock.]

1 Samuel Hitchcock was at the same time elected Attorney General.
Judges Knight and Paine accepted their respective offices in letters
which are printed in Appendix C.

2 The articles of business thus referred were an alteration of the act
defining the powers of the supreme and county courts; a revision of
criminal laws; and an act empowering executors and administrators to
prosecute suits pending at the death of plaintiff or defendant.

3 The committee of the House consisted of Arad Hunt, Jonathan Rob-
inson, Roger Enos, Matthew Lyon, Gamaliel Painter, William Denni-
son, and Ira Allen. — See Appendix D.

Governor and Council — October 1791. 7

A petition Signed by William Henry & Nathan Wood Executors on
the last will and Testiment of Thomas Caston1 Late of Bennington de-
ceased praying for an Act of the Legislature to pass to Establish said
will, having been read in General Assembly and a Committee appointed
thereon to join a Committee of Council, Resolved that Mr- Marvin join
said Committee.

The Honorable Samuel Knight Esqr- appearing in Council was duly
qualified before the Governor to Execute the office of Chief Justice for
the Supreme Court for the year Ensuing. The Honorable Elijah Payne
[Paine] also qualified as first side judge.

A petition signed by a number of the Inhabitents of Windsor, praying
for a Lottery of" one Thousand Dollars to be appropriated to Clearing
out Connecticut River, having been read in General Assembly, and a
Committee appointed thereon to join a Committee of Council; Resolved
that Mr- Knoulton join said Committee, and to join the Committee on
the petition of the Inhabitents of Bethel praying for a Lottery for build-
ing a Bridge over the third Branch of White river

A petition Signed by Martin Kinsley and Polly Kinsley, praying to
have a Law passed to make void an Intailment on a certain Lott of
Land in Westminster, having been read in General Assembly and a
Committee appointed thereon to join a Committee of Council, Resolved
that Mr- Knoulton join said Committee.

Adjourned to 9 °Clock Tomorrow.

In Council Tuesday 19 October 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor L*- Governor Olcott and the following Members
of the Honorable Council viz*- Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford Ebenezer Walbridge Jonathan Hunt Isaac Tich-
enor Luke Knoulton Jonathan Arnold Ebenezer Marvin. Joseph Fay
Secy- Wm- Sweetser Sheriff.

An act appointing Commissioners for the purpose of making a settle-
ment with Ira Allen Esquire having [passed] the General Assembly was
read and nonconcurred.

A petition of the Inhabitants of Woodstock and others praying for a
Grant of a Lottery of three hundred pounds for the purpose of repairing
the Roads across the Mountain thro Killington [Sherburne,] having
been read in General Assembly & a Committee appointed thereon to
join a Committee of Council, Resolved that Mr. Knoulton join sd- Com-
mittee.

A bill from the House was rec'd appointing a Committee to join a
Committee of Council, to Confer with and give some directions to the
Treasurer Agreeable to his request, Resolved that Mr- Brownson join
said Committee.

Adjourned to 2 ° Clock P. M.

Met according to adjournment. No business being rec'd from the
House the Council adjourned to 8 °Clock Tomorrow Morning.

Thursday 20th- October 1791.
Met according to adjournment. Present His Excellency Governor
Chittenden, His honor L4- Governor Olcott, and the following members

1 Casson in the Assembly Journal.

8 Governor and Council — October 1791.

of the Honble- Council viz*- Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford Ebenezer Walbridge John Strong Isaac Tichenor
Luke Knoulton Jonathan Arnold Ebenezer Marvin. Joseph Fay Sec'J-
Willm- Sweetser Sheriff.

The Governor and Council proceeded to join the House in Grand
Committee to Complete the County Elections.

A bill from the House was rec'd appointing a Committee to join a
Committee of Council to Examine the Claims of General Allen." Re-
solved that Mr- Arnold join said Committee.

A petition from Jacob Sheldon of Reuport was read praying for relief
for Land Bought of John Fassett Commissioner of Sales as property
belonging to this State, which he is not able to hold by Law, said peti-
tion having been read in the General Assembly and a Committee ap-
pointed thereon to join a Committee of Council, Resolved that Mr-
Brownson join said Committee.

Adjourned to 2 °-Clock P. M.

Met according to adjournment.

A petition from the Collector of the Town of Sharon praying for relief
in Collecting State Taxes on Wild Land, said petition being read in the
General Assembly, and a Committee appointed thereon to join a Com-
mittee of Council, Resolved that Mr- Marvin join said Committee.

A petition signed by Benjamin Bellows, and John Bellows, praying
to have certain Records Perpettuated, said petition having been read in
General Assembly, & a Commitree being appointed thereon to join a
Committee of Council, Resolved that Mr- Safford join said Committee.

Adjourned to 9 °Clock Tomorrow.

Friday 21*- October 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor Ll- Governor Olcott, and the following Members
of the Honble- Council viz1- Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt
Isaac Tichenor Luke Knowlton Jonathan Arnold Ebenezer Marvin.
Joseph Fay Secy- William Sweetser Sheriff

[Before proceeding to the following business, the Governor and Coun-
cil joined the House to elect further County officers.]

A petition signed John Hazellton praying for Compensation as Sur-
geon in the Service of this State during the late War, having been read
in General Assembly, and a Committee of three members being ap-
pointed to join a Committee of the Council, Resolved that Mr- Brown-
son join said Committee.

A petition from the Inhabitents of the County of Addison, one from
the Inhabitents of Vergeens, one from the Inhabitents of Middlebury,
and one other from a number of the Inhabitents of said County of Ad-
dison, having been read in General Assembly, and a Committee ap-
pointed thereon to join a Committee of Council, Resolved that Mr- Ol-
cott & Mr- Hunt ioin said Committee.

Adjourned to 2 °Clock P. M.

Met according to adjournment. Having read Sundry Acts which
were ordered to lie on the Table, Adjourned to 9 °Clock Tomorrow.

Saturday 22d October 1791.
Met according to adjournment. Present His Excellency Governor
Chittenden, His honor Ll- Governor Olcott, and the following Members
of the Honble- Council viz1- Timothy Brownson Jacob Bayley Thomas

Governor and Council — October 1791. 9

Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt
Isaac Tichenor Luke Knoulton Jonathan Arnold Ebenezer Marvin.
Joseph Fay Secy- Wm- Sweetser Sheriff.

A petition from William and Royal Gurley, praying for Leave to sell
some Real Estate in Guilford the property of a Minor, Having been
read in General Assembly and a Committee appointed thereon to join a
Committee of Council, Resolved that M> Brownson join said Com-
mittee.

A petition from Levi Allen praying to be Allowed for his Services as a
Commissioner, to negotiate a Treaty of Commerce in the Province of
Quebec, having been read in General Assembly and a Committee ap-
pointed thereon to join a Committee of Council, Resolved that Mr- Tich-
enor and Mr' Marvin join said Committee.

An Act pointing out the mode of Electing Sensors [Censors,] having
passed the General Assembly was read and Concurred with some Amend-
ments which was Agreed to by the House.

The petition of Samuel Parkins [Perkins] and Samuel Walker, pray-
ing to be secured in their persons and properties from arest for three
years, having been read in General Assembly, and a Committee appointed
to join a Committee of Council, Resolved that Mr Hunt join said Com-
mittee.

The Petition of Joseph Hubbard and Abraham Downer, praying for
a Lottery to compleat the building of a Brew House in Weatherstield,
having been read in General Assembly, and a Committee appointed
thereon to join a Committee of Council, Resolved that Mr- Knoulton join
said Committee.

A petition from the Inhabitents of Reedsboro' praying for a Lottery
having passed the General Assembly and a Committee appointed thereon
to join a Committee of Council, Resolved that Mr- Knoulton join said
Committee, and to join the Committee on the petition of a number of
the Inhabitents of the Counties of Bennington & Windham praying for
a Lottery to compleat a bridge over deerfield river [in Readsborough,]
& to amend the roads across the Green Mountains.

An act Dividing the Township of Cavendish into Two Towns, having
passed the General Assembly was read & concurred.

Adjourned to 10 °Clock Monday next,

In Council Windsor Monday 24th- Octr- 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor J> Governor Olcott, and the following members
of the Honble- Council viz*- Timothy Brownson Thomas Porter Jacob
Bayley Samuel Saftbrd Ebenezer Walbridge John Strong Jonathan
Hunt Isaac Tichenor Luke Knoulton Jonathan Arnold Ebenezer Mar-
vin. Joseph Fay SecP- Wm- Sweetser Sheriff.

An act annexing part of the Town of New Haven to the Town of Wey-
bridge having passed the General Assembly, was read and Concurred.

An act to postpone the time for Electing City officers for the City of
Vergeens having passed the General Assembly was read and Con-
curred.

A petition from Calvin Parkhurst was read praying for a Lottery to
be Granted for the purpose of building a Bridge over white river having
been read in General Assembly, and refered to Lottery Committee;
Resolved that Mr- Knoulton join said Committee.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

10 Governor and Council — October 1791.

The Governor and Council joined the House of Assembly in Grand
Committee for the purpose of consulting on the proper place for Erect-
ing a College within this State and also for Establishing a place or places
for the Temporary residence for Holding the General Assembly in this
State.'

A petition Signed Elisha Gustin, praying for relief by way of Com-
pensation for the loss of a Certain Farm of Land which he "bought of
Reuben Jones, as Confiscated Estate, and which he has since lost, the
Tittle not being vested in the State, said petition having been read in
General Assembly and Committed to join Committee of Council, Re-
solved that MrBayley join said Committee.

An act Granting a new Tryal in a cause depending, the Demise of
Derius Chipman against Salmon Farr having passed the General Assem-
bly was read and concurred.

Sundry petitions from the Collectors of Braintree, Bethel, & Maid-
stone, having been read in General Assembly, & Committed to join a
Committee ot Council, Resolved that Mr Marvin join said Committee.

Adjourned to 9 °Clock Tomorrow.

In Council Tuesday 25 October 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor I> Governor Olcott, and the following Members
of the Honble- Council viz*- Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt
Isaac Tichenor Luke Knoulton Jonathan Arnold Ebenezer Marvin.
Joseph Fay Sec- Wm- Sweetser Sheriff.

[The Governor and Council joined the House in Grand Committee,
when the Hon. Paul Brigham was elected councillor.]2

An Act authorising a Committee to Superintend the Printing the Laws
of this State, at Bennington, having passed the General Assembly was
read and concurred.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

The Secretary of Council was directed by the Governor and Council,
to Notify Mr [Paul] Brigham of his being Elected a Member of Council,
which being done Mr- Brigham Attended Accordingly, & requested Leave
of a few days' consideration before he accepted his appointment, which
was Granted.3

The Governor and Council joined the House in Grand Committee for
the purpose of Taking into Consideration an act constituting a College
within this State, and for passing an Act appointing Commissioners for
assertaining the Expenditure of this State in the last War, for the pur-

1 The results were the appointment of a committee to draft a bill for a
University; and to amend the bill fixing Rutland and Windsor alter-
nately as " the residence of the Legislature " for the term of twelve
years, by striking out " twelve " and inserting eight.

2 In place of Isaac Tichenor, who was disqualified by accepting the
office of judge of the supreme court on that day.

3 Mr. Brigham was a member of the House, and served as such during
the session.

Governor and Council —October 1791.

y the Same to the Cong
uming a Stale Debt.
Adjourned to 9 °Clock Tomorrows-

pose of Stating the Same to the Congress of the United States for the
purpose of assuming a Stale Debt.

Wednesday 26th- October 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor' I> Governor Olcott, and the following Members
of the Honble- Council viz'- Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan
Hunt Luke Knoulton Jonathan Arnold Ebenezer Marvin. Joseph Fay
Sec*- Wm- Sweetser Sheriff.

The Governor and Council joined the House of Assembly in Grand
Committee for the purpose of Electing Ten Trustees for the College of
the Slate of Vermont; the ballots being taken the following persons
were declared to be duly Elected viz'- Caleb Blood, Bethewel [Bethuel]
Chittenden, Asa Burton, George Bowne, Judge [Charles] Piatt, Ira
Allen, Jonathan Arnold, Enoch Woodbridge, Samuel Hitchcock, Jona-
than Hunt.

1 From the Assembly Journal:

Oct. 25 1791, p. m. — His Excellency the Governor and Council ap-
peared in the House, and the Grand Committee, agreeable to adjourn-
ment, proceeded to business.

The report of the Sub-Committee [Dr. Benjamin Greene, Jonathan
Arnold, Samuel Hitchcock, Samuel Williams, (of Rutland, but not the
Rev. Dr. of that place and name,) Cornelius I^ynde, Ebenezer Marvin,
and Paul Brigham,] to whom was referred the drafting of the bill enti-
tled An act for an establishment of a College, or Seminary, in the State
of Vermont, was read, and the Committee proceeded to vote by ballot
for the place of establishing the Seminary — when upon receiving, sort-
ing and counting the ballots, it appeared that 89 members were in favour
of Burlington, 24 of Rutland. 5 of Manchester, 1 of Danville, 1 of Cas-
tleton, 1 of Berlin, and 5 of Williamstown — total 126— majority in favour
of Burlington, 52.

Voted, that it be recommended to the Legislature of this State to pass
the bill under consideration into a law" of this State.

Voted, To elect a Sub-Committee of seven, who shall nominate twenty-
one persons, out of whom ten shall be chosen as Trustees for the pro-
posed Seminary — Members chosen — His Excellency, Messrs. [Gideon]
Olin, [Samuel] Safford, [Paul] Brigham, [Ebenezer] Marvin, [Jonathan]
Arnold, and [Roger] Enos.

A bill, entitled An act appointing Commissioners to ascertain the ex-
pences of this State in prosecuting the war with Great-Britain, was read,
and on motion of Mr. Safford, Voted, That the Sub-Committee above
mentioned nominate six persons, out of whom three shall be chosen to
fill up the blank in the above bill.

His Excellency recommended to the Legislature to take some effectual
measure to suppress the recent villainy of burning court-houses, &c.
and to bring the incendiaries to condign punishment.

Windham county court-house was burned on the night of Oct. 6, and
that of Windsor on the night of Oct. 24th. The Assembly advised the
governor to offer a reward of five hundred dollars for the detection of
the incendiaries, a proclamation of which was issued accordingly.

12 Governor and Council — October 1791.

Committee adjourned to 2 °Clock. The Council also adjourned to
2° Clock P. M.1

Met according to adjournment and joined in Grand Committee for the
purpose of choosing three Commissioners for the purpose of Collecting
& adjusting the public accounts of this 'State to lay before the Congress
of the United States; the ballots being Taken, Benjamin Green, Ira
Allen, and Isaac Tichenor Esqrs- was declared to be duly Elected.

The Committee also proceeded to Elect a Surveyor General, when
James Whitlaw [Whitelaw] was declared to be duly Elected.

The Committee also proceeded to Elect an audittor of Public accounts
when Elisha Clark Esquire was Declared to be duly Elected.

Committee Adjourned until 9 °Clock Tomorrow Morning.

An act Granting a Tax of two pence pr- acre on all the Lands in the
Township of Waitsfield read and Concurred.

An act Granting a Tax of one penny half penny on the Land in
Kingston [Granville] having passed the General Assembly was read and
concurred.

An act Granting a Tax of a half penny on each acre of Land in the
Township of Warren, having passed the General Assembly was read &
Concurred.

An act for dividing the Township of Cavindish into Two Towns, be-
ing read and a remonstrance from the Inhabitents of said Town, against
said Act being passed into a Law — Resolved that said bill be Noncured
[non-concurred] and the reasons Entered on the bill, and the remon-
strance with the said bill to be returned to the House.

A petition Signed by L. R. Morris and William Page praying for a
Grant of the Exclusive Right to Lock the Palls on Connecticut River
Called Bellows Falls having been read in General Assembly and a Com-
mittee appointed thereon to join a Committee of Council, Resolved that
[Lieut.] Governor Olcott and Mr Hunt join said Committee.

A petition Signed Jonathan Chase of Cornish, N. Hampshire, praying
for compensation for wheat Taken from him for the use of the State
during the Late War, and praying for compensation for Certain Notes
given him by Zadock Wright & one Naughton who afterwards joined
the Enemy and their Estate was Confiscated to the use and benefit of

^From the printed Assembly Journal:

Oct. 26 1791, a. m. — In Grand Committee — The report of the Sub-
committee appointed to nominate twenty-one persons, from whom ten
Trustees are to be elected for the proposed seminary, was read — Persons
nominated, Caleb Blood, Bethuel Chittenden, Enoch Woodbridge, Ira
Allen, Samuel Hitchcock, Judge [Charles] Piatt, Jonathan Arnold, Sam-
uel Shuttleworth, Ebenezer Marvin, Jonathan Hunt, Noah Smith, John
Strong, Jonathan Spafford, Samuel Cutler, Elijah Paine, Dan Foster,
Roger Enos, William Chamberlain, Paul Brigham, Jonas Galusha.

The Committee proceeded to vote for the ten Trustees.

On motion of Mr. Robinson, Voted, That a person from the sect of
Congregationalists be added to the nomination — Rev. Mr. Burton was
accordingly added.

On motion of Mr. Emmons, Voted, That a person from the society of
Friends be added to the nomination — George Bowne was added accord-
ingly.

Gentlemen chosen Trustees, — Rev. Caleb Blood, Rev. Bethuel Chit-
tenden, Rev. Asa Burton, Gen. Ira Allen, Hon. Jonathan Arnold, Col.
Samuel Hitchcock, Mr. George Bowne, of New- York, Charles Piatt, Esq.
Enoch Woodbridge Esq. Hon. Jonathan Hunt.

Governor and Council — October — 1791. 13

this State, having been read in General Assembly & Committed to join
a Committee of Council, Resolved that Mr- Marvin join said Committee.

An act regulating Mesne process having passed the General Assembly
was read & Concurred.

An act Granting a Lottery for the purpose of rasing £300 to repair
the roads from Woodstock to Rutland, having passed the General As-
sembly was read & Concurred.

Adjourned to 9 °Clock Tomorrow.

Thursday 27th- October 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His Honor L1- Governor Olcott and the following Members
of the Honorable Council viz*- Timothy Brownson Jacob BayTey Thomas
Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt
Luke Knoulton Jonathan Arnold Ebenezer Marvin. Joseph Fay Secy-
W"1' Sweetser Sheriff.

The Council not having any Special business from the House they
agreed to adjourn until 2 ° Clock P. M.

Met according to Adjournment.

A petition from Silas Whitney was read praying for relief in a dispute
Subsisting between said Whitney & Daniel Marsh relative to a farm of
Land which he purchased in Clarindon, having been read in General
Assembly & Committed to join a Committee of Council, Resolved that
Mr Strong join said Committee.

A petition from Colonel John Barron in behalf of himself and a num-
ber of Inhabitents of Bradford, praying to receive a quantity of Land in
said Bradford free of expence; Also a petition from General Moses
Hazen, (by his Agent Benjamin Moore,) praying for further Time for
paying the fees on the Land Granted to him in Moretown Alias Brad-
ford, said petition having been read in General Assembly & Committed
to join a Committee of Council — Resolved that Mr- Porter and Mr
Brownson join said Committee.

Adjourned to 9 °Clock Tomorrow.

Friday 28th- October 1791.

Met according to Adjournment. Present His Excellency Governor
Chittenden, His honor L1 Governor Olcott, and the following Members
of the Honble- Council viz1- Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt
Luke Knoulton Jonathan Arnold Ebenezer Marvin. Joseph Fay Secy-
Wm- Sweetser, Sheriff.

An act removing the Sitting of the Courts from Addison in the
County of Addison to Middlebury having passed the General Assembly
was read and Concurred.

An account Exhibitted by [Lieut.] Govr- Marsh of £69 3 0 for money
Services paid out during the late War having been before the Assembly
and Committed to join a Committee of Council, Resolved that Mr- Por-
ter join said Committee.

An act for raising a Tax of a half penny on the polls and Ratable
Estate in the County of Windham for the purpose of Re-building the
Court house in said County having passed the General Assembly was
read and Concurred.

The Honble Jonathan Arnold Esquire obtained Leave of Absence
until Monday next.

14 Governor and Council — October 1791.

The Honorable Luke Knoulton Esq1"- Obtained Leave of Absence
during the present Session.

Adjourned to 2 °Clock P. M. .

Met according to adjournment.

An Act Laying a Tax of 2d- on the pound on the Grand List of this
State for ye ensuing year, having passed the General Assembly was read
and returned to the House with a proposal of a half a penny to be added
to said Tax as an amendment; the House agreed to the amendment &
the Tax is Granted of Two pence half penny on the pound.

An act Granting a Lottery in Royalton of one hundred pounds for the
purpose of Repairing a Bridge over white River, having passed the
General Assembly was read and Concurred.

An act in addition to and alteration of an act Granting a Tax of one
penny on each acre of Land in Washington, having passed the General
Assembly was read & Concurred.

An act in addition to an act entitled an act Granting a Tax of one
penny on Each acre of Land in Guildhal for declareing the Time of Re-
demtion to be one year after sale, having passed the General Assembly
was read and Concurred.

Adjourned to 9 °Clock Tomorrow.

Saturday 29th- October 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor Peter Olcott Esqr- Ll Govr- and the following
Members of the Honble- Council viz4- Timothy Brownson Jacob Bayley
Samuel Safford Thomas Porter John Strong Jonathan Hunt Ebenezer
Walbridge Ebenezer Marvin. Joseph Fay ISecv- Wm- Sweetser Sherriff.

A petition Signed by Daniel Marsh praying for an allowance of his
ace*- against the State for Cattle, Sheep, and one horse Taken from him
during the War and sold for the use of this State, having been read in
General Assembly & Committed, Resolved that Mr- Walbridge join said
Committee.

An act regulating the prices for which Goalars shall board prisoners,
having passed the General Assembly was read and Concurred.

An act against Counterlitting the public Securities of this State, &
orders Drawn on the Treasurer by the Clerk of the Supreme Court,
having passed the General Assembly was read and Concurred.

An act in addition to an act for the punishment of theft, horse Steal-
ing &c. having passed the General Assembly was read & Concurred.

On request of General Ira Allen Resolved that Mr- Safford join the
Committee on the settlement of said Allen's accounts.

A petition from the Selectmen of the Town of Lunenburgh praying
to be released from paying the Surveyor General's Tax for Surveying
the outlines of said Township, said petition having been read in General
Assembly & Committed, Resolved that Mr- Hunt join said Committee.

A petition from Samuel Avery Esqr- Praying for the fees on the Town-
ship Granted to him west of Duncansboro' [Newport] to be Lessened,
having been read in General Assembly and Committed to join a Com-
mittee of Council, Resolved that Mr- Satford join said Committee.

A petition from the Honble Jona- Arnold Esquire praying for a dispen-
sation of the Law for admitting Attorney5 to the Bar in this State and
admitting his son Lyndon Josiah Arnold to plead in the Several Courts
in this State, having been read in General Assembly and Committed to
join a Committee of the Council — Resolved that Mr- Marvin join said
Committee.

Governor and Council — Oeotober 1791. 15

A Memorial from Levi Allen as one of the Commissioners for Treat-
ing with Lord Dorchester on a Commercial Intercourse between the
Province of Quebec & this State, having been read in General Assembly
and Committed to join a Committee of Council, Kesolved that Mr- Bay-
ley & Mr- Strong join said Committee.

An act Granting a Tax of Two pence on the acre on all the Lands in
Chelsea having passed the General Assembly was read and Concurred
with the amendment of one penny in lieu of Two pence.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

An act denning the powers of the Supreme and County Courts within
this State having passed the General Assembly was read and Concurred,
with a proviso inserted and returned to the House.

Adjourned to 9 °Clock Monday next.

Monday 31* October 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor I> Governor Olcott, and the following members
of the honorable Council viz1- Timothy Brownson Jacob Bayley Samuel
Safford Thomas Porter John Strong Ebenezer Walbridge Jonathan
Hunt Ebenezer Marvin. Joseph Fay Secy- Wm- Sweetser Sherriff.

The Honble- John Strong Resigned his office as Brigadier General of
the 4th [6th] Brigade of the Militia of this State, which was accordingly
accepted and the General Assembly informed thereof, and requested to
join and till the vacancy at the opening of the House this afternoon.

Adjourned to 2 °-Clock P. M.

Met according to adjournment.

A petition from General Spafford praying to be annexed to the west
Parish in Williston having been read in General Assembly and Com-
mitted to join a Committee of Council — Resolved that Mr- Porter join
said Committee.

A petition from a number of Representatives Inhabitints of the
County of Orange, Praying for said County to be Divided into three
Counties, having been read in General Assembly and Committed to join
a Committee of Council, Resolved that [Lieut.] Governor Olcott join
Said Committee & also M> Walbridge.

Adjourned to 9 °Clock Tomorrow.

Tuesday l4 November 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor J> Governor Olcott, and the following Members
of the Honblc- Council viz4- Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt
Jonathan Arnold Ebenezer Marvin. Joseph Fay Secv- Benjamin Page
D. Sheriff. J 6

A Letter from the Honble- Major General Roger Enos, Resigning his
Command of the 4th Division of the Militia of this State which was
accordingly accepted, and the General Assembly notified thereof &
requested to join in Grand Committee for the purpose of Pilling the
vacancy. 1

$ See Appendix C.

16 Governor and Council — October 1791.

An act granting to William Page and Lewis R. Morris Esquires, their
heirs and assigns forever, the Exclusive Right of Locking Belows Falls
(so called) on Connecticut River, having passed the General Assembly
was read and Concurred.1

An act directing the Secretary of Council, the Clerk of the Supreme
Court, and audittor of accounts to this State to make returnes of the
amount of orders drawn on the Treasury, having passed the General
Assembly was read and Concurred.

An act to prevent undue influence of Juriors [undue influencing of
jurors] by the party gaining their cause Treating them, having passed
the General Assembly, was returned to the House with proposals of
amendment, to add one Dollar to the usual fees.

An act for the punishment of Eapes, having passed the General As-
sembly was read and Concurred — with a small amendment.

An act defining the Powers of the Supreme and County Courts in
this State was returned to the Council by Mr Hitchcock, rendering the
reasons why the house could not Concur with the Council in the amend-
ment, whereupon the amendment was altered and returned to the
House.

An act entituled an act Regulating Proprietors' Meetings, having
passed the General Assembly was read and Concurred.

An act to prevent undue Influencing Juriors was returned from the
House by Mr- Lott Hall, rendering the reasons why the House could
not Concur with the Council in the amendment, whereupon the Coun-
cil on reconsideration read the bill and Concurred with the House
therein.

The Governor, Council & General Assembly joined in Grand Com-
mittee, for the purpose of Electing a Brigadier General, when Samuel
Benton Esqr- was declared to be duly Elected to Command the 6th Brig-
ade—[vice John Strong resigned.]

An act entituled an act empowering Executors and administrators to
prosecute and defend suits &c. having passed the General Assembly was
read and Concurred.

An act entituled an act to Establish the residence of the Sitting of
the Legislature of this State for the Term of Eight years, having passed
the General Assembly was read and Concurred.2

Adjourned to 2 °Clock P. M.

1 See Appendix D.
*The act was as follows:

An Act to establish the residence of the legislature of the state of Ver-
mont, for the term of eight years.

Whereas great inconvenience and expence have arisen to this state
by reason of having no fixed places for holding the sessions of the
legislature: And whereas no place near the centre is sufficiently settled
to accommodate the same:

It is hereby enacted by the general assembly of the state of Vermont,
That the session of the legislature in October next shall be holden at
Rutland, and thereafter the annual sessions shall be holden alternately
at Windsor, and at Rutland aforesaid, for the space of eight years. And
that the next adjourned session of the legislature shall be holden at
Windsor, in the county of Windsor; and thereafter the adjourned ses-
sions of the legislature shall be holden alternately, at Rutland and
Windsor aforesaid, for the like space of eight years. Provided, That

Governor and Council — November 1791. 17

Met according to adjournment.

The Governor and Council joined the House in Grand Committee for
the purpose of Electing a Major General of the fourth Division in place
of Major General Enos resigned; the ballots being Taken the Honble-
Paul Brigham was declared to be duly Elected.

An act Impowering the Governor to raise two Independant Compa-
nies of Caddats [cadets] in the Towns of Windsor and Rutland, having
passed the Council was directed to be sent to the General Assembly to
be passed into a Law of this State.

An act directing the manner of Taking bail in certain cases therein
mentioned having passed the General Assembly was read and Con-
curred.

An act empowering Daniel Marsh to administer on the Estate of
Thomas W. Pitkin Late of Hartford Decd- & to Empower him to Sell
real Estate, having [passed] in General Assembly was read & Con-
curred.

An act directing leather sealers in their office and duty, having passed
the General Assembly was read and Concurred.

A bill from the House appointing a Committee to join a Committe of
Council to point out the mode of appointing Electors to Elect a Presi-
dent and vice President of the United States, Resolved that Mr- Arnold
join said Committee.

Adjourned to 9 °Clock Tomorrow.

Wednesday 2d November 1791.

Met according to adjournment. Present His Excellency Governor
Chittenden — His honor U- Governor Olcott, and the following Members
of the Honble- Council viz1- Timothy Brownson Jacob Bayley Thomas
Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt
Jonathan Arnold Ebenezer Marvin. Joseph Fay Secy- Benja- Page D.
Sheriff.

The Governor and Council joined the House in Grand Committee for
the purpose of Electing of a Brigadier General in place of General
Brigham Promoted; the ballots being Taken Elias Stevens was declared
to be duly Elected.

An act for Establishing a University within this State, having passed
the General Assembly was read & returned to the House with proposals
of amendment.

An act to prevent the Groth of Canada Thistle (so called) was read
and passed the Council, and ordered to be sent to the General Assembly
to be passed into a Law of this State.

A Bill from the House was Recd- appointing a Committee to join a
Committee of Council for the purpose of forming a bill pointing out the
mode to be pursued in adopting the amendments to the Constitution of
the United States; Resolved that Mr Arnold join said Committee.

An act annexing a part of New Haven to the City of Yergeens having
passed the General Assembly was read and Concurred.

An act to Empower William Gurley to Sell the real Estate of
Royal Gurley only son to the Revd- Ebenezer Gurley late of Guilford
Deceased, having passed the General Assembly was read & Concurred.

Adjourned to 2 °Clock P. M.

the said towns of Rutland and Windsor shall, at their own expence,
furnish good and sufficient houses for the reception of the legislature;
and shall provide for and entertain the members of the same on reason-
able terms.

18 Governor and Council — November 1791.

Met according to adjournment.

An act impowering John Barnes of Pittsford to Serve as first Con-
stable of said Town, having passed the General Assembly was read &
Concurred.

The University Act being returned from the House with their Concur-
rence with the amendments was igain read and Concurred.

An act Granting a Lottery of tie Sum of £200 for Erecting a Malt &
Brew House in Withersfield, having passed the General Assembly was
read and Concurred.

An act Granting a Tax of one penny pr- acre on the Land in Smith-
field for making roads, having passed the General Assembly was read &
Concurred.

An act Granting a Tax of one penny pr- acre of Land in Fairfield for
making roads, having passed the General Assembly was read and Con-
curred.

An act in addition to an act for raising a Tax in Athens & appointing
Two persons in addition to the former Committee, having passed the
General Assembly was read & Concurred.

An act Granting a Tax on the Land in Hungerford of two pence pr-
acre, having passed the General Assembly was read and Concurred.

An act Granting a Tax of one penny on the list and Eatable Estate in
the County of Windsor, having passed the General Assembly was read
and Concurred.

An act Granting a Tax of Two pence pr- acre of Land in Elmore, hav-
ing passed the General Assembly, was read and Concurred.

An act Granting a Tax of one penny pr- acre on all the Lands in Glos-
enbury [Glastenbury] having passed the General Assembly was read and
Concurred.

An act Granting a Tax of one penny pr- acre in the Township of South
Hero having passed the General Assembly was read and Concurred.

An act for altering the line of Jurisdiction of the Towns of Salisbury
& Leicester, having passed the General Assembly was read and Con-
curred.

An act to empower the Judges of the County Court to repair the Goal
in Woodstock in the County of Windsor, having passed the Gen1 Assem-
bly was read and Concurred.

An act directing the Sitting of the adjourned Supreme Court, from
Woodstock to Windsor, having passed the General Assembly, was read
and Concurred.

An act Granting a Tax of one half penny on the pound in the County
of Rutland having passed the General Assembly was read and Concurred.

An act in addition to an act for Regulating the admission of attorney8
at the bar having passed the General Assembly was read and Con-
curred. l

An act for the payment of a Chaplain out of the avails of Fines &
penalties laid by the Supreme Court, having passed the General Assem-
bly was read & Concurred.2

Adjourned to 9 °Clock Tomorrow.

*Any person, if of good moral character and a competent knowledge
of the law, was admissible on examination by the court and bar. Ante-
rior to this act a certain term of residence had been required.

2 The act was as follows:

An act appropriating monies therein mentioned.

Whereas the people called quakers, living in this state, have petitioned
the legislature, informing them that they feel a tenderness in their con-

Governor and Council — November 1791. 19

Thursday 3d November 1791.

Met according to adjournment. Present as yesterday.

An act laying a Tax of one half penny pr- acre on the Lands in Al-
burgh, having passed the General Assembly, was read and Concurred —
adding Samuel Peckham to the Committee.

An act to Suspend any prosecution against John Lyman, having passed
the General Assembly was read and Concurred.

An act to prevent the Groath of the Canada Thistle (so Called) having
passed the General Assembly was read & Concurred.1

An act Granting a Lottery of five hundred and fifty pounds for the
purpose of erecting a Bridge in Bethel over White Biver, having passed
the General Assembly was read and Concurred.

An act Granting a Tax of 2d pr- acre on the Land in Handcock, having
passed the General Assembly was read and Concurred.

An act allowing the Sheriff of Windsor County [four deputies,] having
passed the Gen1- Assembly was read and Concurred.

An act empowering the Select Men of Hartford to Sell the real
Estate of a Negro Girl, having passed the General Assembly was read &
Concurred.

An act in addition to an act difining the powers of the Supreme
& County Courts, having passed the General Assembly was read and
Concurred.

An Act making certain Processes returnable in Windsor County valid
in [law] having passed the General Assembly was read and Concurred.

An act removing certain cause pending in the County [Court] in Addi-
son County to the Supreme [Court] having passed the General Assembly
was read & Concurred.

An act Granting a Tax of one penny on Each acre of Land in Norfolk
[part of Canaan,] having passed the General Assembly was read and
Concurred.

An act Extending the time for the payment of Granting fees on the
land Granted to General Moses Hazen in Moore Town having passed the
General Assembly was read and Concurred.

An act Incorporating the East Society of WiJliston, a part of Jerico
and N. Huntington into one Religious" Society having passed the Gen-
eral Assembly was read and Concurred.

An act anexing General Jonathan Spafford to the west Society in
Williston read and Concurred.

An act Granting a Lottery to the Inhabitents of Shrewsbury, having
passed the General Assembly was read and Concurred.

An act Granting a Tax of Two pence pr- acre on the land in Isle
[la] Mott having passed the General Assembly was read and Concurred.

An act Granting a Land Tax in the Township8 of Lyndon, Newark,

science with respect to paying taxes in the expenditure of which sums
of money are paid to the chaplains of the general assembly; and whereas
this legislature are ever willing to shew their readiness to comply with
the reasonable requests of all such people as may think their rights of
conscience infringed on: Therefore,

It is hereby enacted by the general assembly of the state of Vermont,
That such sum as may be necessary for that purpose, be and is hereby
appropriated out of the avails of the supreme court, and the treasurer of
this state is hereby directed to govern himself accordingly.

1 Every possessor of improved land was required to cut the thistles in
the month of July or August in each year, on a penalty not exceeding
thirty shillings for each neglect, with costs of prosecution.

20 Governor and Council — November 1791.

and Kandom [Brighton] of Two pence pr- acre, having passed the Gen-
eral Assembly was read and Concurred.

An act directing the Treasurer of this State in Issuing extents against
the Collectors of State Taxes, having passed the General Assembly was
read & Concurred.1

Treasury office Windsor 22d Octr- 1791.

Then recd- of John Kelly of the City of New York by the hands of
Stephen Jacob & Mr- Abraham Bravoort nine hundred and three dollars
in silver being in full of the Granting fees upon thirty thousand one
hundred acres of Land Granted the said John Kelly by the Legislature
of the State of Vermont situate in the County of Chittenden in the said
State, this being a duplicate of which I have signed an original of the
Same Tenor and date.

Dollars 903. S. Mattocks TreaT-

Witness Present True Copy Examd- & sent the Sec^- of State

Abraham Brevoort by order of the Govr-

Stephen Jacob Attest Jos. Fay SecP-

Debenture of Council at their Session Holden at Windsor Com-
mencing on the 13 day of October 1791 & Ending the 3d day of Novem-
ber following including boath days.

Honble Peter Olcott Esqr- L4 Gov- £16 10 8, Samuel Safford Esqr- 9 4 0,
Jacob Bayley 8 11 8, Thomas Porter 8 10 0, Ebenezer Walbridge 9 4 0,
John Strong 9 4 0, Timothy Brownson 8 7 4, Jonathan Hunt 8 12 4,
Luke Knoulton 6 7 4, Isaac Tichenor 6 14, Jonathan Arnold 9 0 8,
Ebenezer Marvin 8 0 10, Joseph Fay Secv- 11 8 0, William Sweetser
Sheriff 6 13 8.— [Total] £127 0 8.

End of October Session for the year 1791.

Attest Joseph Fay Secy-

The Secretary of the Council omitted to note concurrence in several
House bills near the close of the session; which bills, however, were
returned to the House concurred. Among these omissions was an
act privileging state officers and members of both houses from arrest on
civil process, during any session and while going to or returning there-
from. Another was the act ratifying the amendments to the federal con-
stitution, proposed by Congress Sept. 25 1789.

\ From the Assembly Journal, Nov. 3 1791 :

Resolved, That the Treasurer be, and he is hereby directed, to pay his
Excellency the Governor of this State, thirty Spanish milled dollars, for
defraying the expences of election day.

SIXTEENTH COUNCIL.

OCTOBER 1792 TO OCTOBER 1793.

Thomas Chittenden, Williston, Governor.
Peter Olcott, Norwich, Lieutenant Governor.

Councillors:

Timothy Brownson, Sunderland
John Fassett, jr., Cambridge,
Jacob Bayley, Newbury,1
Thomas Porter, Tinmouth,
Samuel Safford, Bennington,
John Strong, Addison,

Joseph Fay, Bennington, Secretary.

Jonathan Bell, Rutland, Sheriff.

Jonathan Hunt, Vernon,1
Eben'r Walbrldge, Bennington,
Luke Knoulton, Newfane,
Jona. Arnold, St. Johnsbury,
Ebenezer Marvin, Tinmouth,
Paul Brigham, Norwich.

BIOGRAPHICAL NOTICE.

Paul Brigham took his seat as Councillor at this session, for the first
time, although he had been elected to the office in joint assembly on the
25th of October 1791. He received twent3^-seven elections from the peo-
ple of this State at large — one in 1792 as Elector of President and Vice
President; five elections as Councillor, 1792 — 1796; and twenty-one as
Lieutenant Governor, 1797 until 1818, and 1815 until his declination in
1820. During the adjourned session. Feb. 14 to March 10 1797, he pre-
sided in the absence of Gov. Chittenden, and on the death of the gover-
nor, Aug. 24 1797, Mr. Brigham became acting governor. The follow-
ing obituary is from the Vermont Bepublican and American Yeoman of
July 12 1824. The editor is indebted to a young lady of Montpelier, a
descendant of Gov. Brigham, for both the obituary and a portrait.

Died at Norwich, on the 15th of June, [1824,] the Hon. Paul Brig-
ham, late Lieut. Governor of Vermont, after a long and distressing ill-
ness which he bore with exemplary fortitude and resolution. In his
death it falls to our lot to record an instance of mortality which not only
his intimate friends, who best knew his worth, but the publick also have
a right to deplore.

He was born at Coventry, in the state of Connecticut, January 17th,
1746. He was married Oct. 3d, 1767, to Miss Lydia Sawyer, with whom

1 Messrs. Bayley and Hunt did not take their seats.

22 Biographical Notice.

he lived nearly fifty-seven years, and who survives, with four children,
to mourn their irreparable loss.

In this mournful event we have occasion to weep for another of the
departed worthies, by whom, with the blessing of heaven, our national
independence was achieved. Previous to his acceptance of a commis-
sion of Captain in the Continental army, he had risen to that rank
through every intermediate step from a corporal in the militia of his
native state. It is a proof of his patriotism, that when he embarked in
the war of the revolution, he had held the office of Captain long enough
to be exempted by law from military duty. But he shrunk not in the
hour of his country's danger. With many other champions of liberty,
he entered the field to redeem the pledge of the signers of the declara-
tion of independence, of ' their lives, their fortunes, and their sacred
honor.' June 16th, 1777, he joined his regiment under the command of
Col. Chandler, in Gen. McDougall's brigade. He fought under General
Washington, in the battles of Germantown and Monmouth, and was in
the detachment at Meed [Mud] Island by whom fori Miflin was a long
time bravely defended against the land and naval forces of the enemy.
Having served his country three years, the time for which he had been
engaged, he returned to the enjoyment of his domestic circle.

In the year 1781 he removed with his family to Norwich, Yt. He
there lived and died, respected for his republican simplicity of manners
and ardent patriotism, and for many useful labours in the different sta-
tions to which he was elevated by his fellow citizens. In the military,
he was promoted through every grade to a Major General. He was suc-
cessively High Sheriff, Judge of Probate, [assistant] and Chief Judge
of the Court of Windsor county. In the year 1796 he was elevated to
the second office in the gift of the people, under the administration of
his Excellency Thomas Chittenden, the first Governor of the State. He
was retained by their suffrages twenty-four years, with the interruption
of two years — 1813 and 14. If any thing can evince the estimation in
which he was holden, it is the uniform result of the election in his favour
for such a length of time, during the political changes which the State
experienced. In the year 1820, at the age of seventy-four, when his
gray hairs were covered with honors, and it was no longer desirable to
himself to retain the office, he, with his venerable associate Gov. Galu-
sha, declined a re-election. He retired to the shades of private life,
to witness in the evening of his days the happy effects of the laws
which he had assisted in framing; and to reap the rewards of his faith-
ful services in the esteem of a free and enlightened people.

It would be great injustice to his memory to forget his active zeal in
support of the institutions of religion. He was a firm believer in the
truths of the Christian revelation. The faith which he possessed at an
early period, had a salutary influence upon his life, and yielded him sup-
port in the hour of death. He contemplated his approaching dissolution
without dismay, and resigned himself to the will of God in the hope of
a resurrection to eternal life.

His funeral was attended on the 17th, at which, after the customary
religious services, his remains were accompanied to the grave with every
demonstration of respect by a military escort and a large concourse of
citizens from Norwich and the vicinity.

In addition to the offices above recited, Mr. Brigham was a represent-
ative of Norwich in the General Assembly in 1783, 1786, and 1791; and
delegate in the Constitutional Conventions of 1793, 1814, and 1822.

Governor and Council — October 1792. 23

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

OCTOBER SESSION OF THE GENERAL ASSEMBLY AT RUT-
LAND, 1792.

State of Vermont, In Council, Rutland, October 11th- 1792.

At a General Election of the Governor, Lieutenant Governor, Council
and Treasurer, Present His Excellency Governor Chittenden, His
Honor L*- Governor Olcott, and the following members of the Honble-
Council viz*- Timothy Brownson Thomas Porter Samuel Safford Eben-
ezer Walbridge John Strong Luke Knoulton Jonathan Arnold Ebenezer
Marvin Paul Brigham. Joseph Fay, Secv- Jonathan Bell, Sheriff.

Besolved that a Committee of six be appointed to join a Committee of
the Gen1- Assembly to receive, sort and Count the votes of the Freemen
for Governor, L* Governor, Twelve Councillors and Treasurer for the
year Ensuing and to make report — Members chosen, Messrs- Arnold,
Walbridge, Brigham, Safford, Porter, and Brownson.

The Committee of both Houses Reported the following persons to be
duly Elected, which are as follows, viz1- His Excellency Thomas Chitten-
den Esq. Governor, His honor Peter Olcott Esq. L*- Gov. Honble- Samuel
Mattocks Esq. Treasurer; Honble Samuel Safford Jonathan Hunt Paul
Brigham Ebenezer Walbridge Jonathan Arnold Luke Knoulton John
Strong John Fassett Timothy Brownson Jacob Bayley Ebenezer Mar-
vin Thomas Porter Members of Council.

Adjourned to 9 °Clock Tomorrow.1

Friday 12th- October 1792.
Met according to adjournment. Present His Excellency Governor
Chittenden, His honor Ll- Gov. Olcott, and the following Members of

1 It appears from the following document that the state officers and
legislators were duly honored on this occasion by the militia:

General Orders, given at Head Quarters, Rutland, 12th October 1792.

His Excellency the commander in chief returns his thanks to Major
Clark, and the officers and troops under his command, for their polite
attention shewn to him on his arrival in town yesterday; and expresses
his approbation of their conduct through the different evolutions of the
day. ' He observes (with satisfaction) the progress in point of discipline
and order amongst the troops of this state; a strict adherence to which,
joined with our encreasing numbers, cannot fail to render the state
respectable, and afford the best security to our liberties.

By his excellency's command, Joseph Fay, Adjutant General.

The election sermon was preached by Rev. Caleb Blood, of Shafts-
bury.

24 Governor and Council — October 1792.

the Honble- Council viz*- Tim0- Brownson John Fassett Thomas Porter
Samuel Safford John Strong Ebenezer Walbridge Luke Knoulton Jona-
than Arnold Ebenezer Marvin Paul Brigham. Joseph Fav Secy- Jona-
than Bell Sherriff.

Having no particular business to Transact the Council adjourned to 2
0-Clock P". M.

Met according to adjournment.

A bill from the House was rec'd appointing a Committee to join a
Committee of Council for the purpose of Making the necessary arrange-
ment of the necessary business to be Transacted during the present
Session — Resolved that Mr- Marvin join said Committee.

The following requisition was rec'd from the Council of Censors now
sitting in this place viz4-

In Council of Censors Oct. 12, 1792.

Kesolved that Mr- Beriah Lommis be directed to wait on the Secretary
of Council, and request the journals of that Honble- Body for the last
Septenary for the Inspection of the Council of Censors.

A True Copy. Attest RosL- Hopkins Secy-

Resolved that the Secretary of Council be and he is hereby directed
to Diliver the journals of Council for the last Septenary agreeable to
the above requisition.

Adjourned to 9 °Clock Tomorrow.

Saturday 13th- October 1792.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor I> Governor Olcott, and the following members
of the Honble- Council viz*- Timothy Brownson John Fassett Thomas
Porter Samuel Safford John Strong Ebenezer Walbridge Luke Knoulton
Jonathan Arnold Ebenezer Marvin Paul Brigham. Joseph Fay Secy-
Jonathan Bell Sherriff.

A Petition signed by Enos Wood Sheriff's Deputy within and for the
County of Chittenden, praying for Compensation for his Time expences
and sufferings of himself & two other men, who were taken prisoners
while in the due execution of h^s office by a British Guard and Caried
prisoners to S*- Johns, having been read in General Assembly & a Com-
mittee appointed thereon to join a Committee of Council, Besolved that
Mr- Strong join said Committee.1

Honble Timothy Brownson requested Leave of Absence to visit his
son who is sick at Onion river. Ordered that he [have] leave accord-
ingly.

A bill from the House was rec'd appointing Messrs- J. Robinson, Hunt,
Stevens, Cogswell, Harvey, Whitney, & Harrington, to be a Committee
to join a Committee from the Council to arrange the Militia of this
State agreeably to the late act of Congress. Resolved that Messrs- Wal-
bridge & Brigham join said Committee for the purposes therein men-
tioned.

A bill from the House was rec'd appointing Messrs- Armes, D. Shel-
don, Spencer, Marsh, Porter, Painter & Stannard, to be a Committee to
join a Committee from the Council to take under consideration all peti-
tions for Land Taxes, state facts & make report. Resolved that Mr Saf-
ford join said Committee.

A bill from the House was rec'd appointing Messrs- E. Robinson, Ste-
vens, Williams, J. Robinson & Mix, to be a Committee to join a Com-

1 See Appendix E.

Governor and Council — October 1792. 25

mittee from the Council to take under consideration all petitions for Lot-
teries and make report. Eesolved that Mr- Walbridge join said Com-
mittee.

Kesolved that the Council proceed to Elect a Secretary of Council.
The Ballots being taken Joseph Fay was declared to be duly Elected &
sworn accordingly.

Adjourned to 9 °Clock P. [A.] M. Monday next.

Monday 15 October 1792.

Met according to adjournment. Present His Excellency Governor
Chittenden, his honor U Governor Olcott, and the following Members
of the Honble- Council viz*- John Fassett Thomas Porter Samuel Safford
John Strong Ebenr- Walbridge Luke Knoulton Jonathan Arnold Ebenr-
Marvin Paul Brigham. J. Fay Sec'J- Jona- Bell Sherriff.

The Governor & Council proceeded to the House of Assembly for the
purpose of Communicating several Letters & papers which his Excel-
lency had rec'd in the recess of Assembly, which was accordingly done
and the papers Lodged with the Clerk. -i

1 From the printed Assembly Journal, Oct. 15 1792:

The Governor and Council appeared in the House — when his Excel-
lency made the following communications, viz.

1st. A letter from Joseph Fay, Esq. to the honorable Moses Robinson,
Esq. at Philadelphia, dated 7th January, 1792.

2d. A letter from the Hon. Moses Robinson, Esq. to his Excellency
the Governor, dated at Philadelphia, 29th Feb. 1792.

3d. Another letter from Hon. Moses Robinson, Esq. to his Excellency
the Governor, dated 5th July, 1792.

4th. Copy of instructions from his Excellency the Governor, to Mr.
Stanton, directing him to proceed to Alburgh, and make enquiry rel-
ative to Enos Wood, Deputy-Sheriff for the county of Chittenden, being
taken by a British guard, and conveyed to St. John's, [Canada.]

5th. A copy of a letter from his Excellency Governor Chittenden, to
his Excellency Alured Clarke, Governor of the Province of Quebec,
requesting an explanation of the conduct of the aforesaid British guard.

6th. Directions to Levi Allen, Esq. to proceed to Quebec, with the
above mentioned letter.

7th. A letter from his Excellency Edward Telfair, Governor of the
State of Georgia, including a resolution of said State, in which they had
instructed their Members in the Senate of the United States, to use
their influence that the doors of the Senate be open, while acting in their
legislative capacity, except when the interest of government might
require them to be shut.*

8th. A copy of a letter from his Excellency the Governor, to the
President of the United States, informing him of the conduct of the
British guard aforesaid.

9th. A letter from his Excellency Governor Clarke, to his Excellency
Governor Chittenden, in answer to the letter above cited.

10th. A copy of another letter from his Excellency Governor Chit-
tenden, to the President of the United States, enclosing a copy of Gov-
ernor Clarke's letter.

11th. Two letters from the Hon. Thomas Jefferson, Esq. Secretary of
the United States, dated the 9th and 12th July, 1792, in which were sun-

*A rule to this effect was proposed Jan. 3 1793, and defeated Feb. 4, 18 to 10. The Senate did not
sit in open session until Feb. 20 1794.

26 Governor and Council — October 1792.

A bill from the House appointing Messrs- Shumway, I. Smith & Olin
a Committee to take under consideration the 12th & 13th articles in the
report of the Committee in their report of arrangement [of business]
viz*- "That the justices' act be revised, and that the act for the preven-
tion and punishment of frauds & perjuries be revised," to join a Com-
mittee from the Council and make report. Kesolved that Messrs- Knoul-
ton & Walbridge join said Committee.

Adjourned to 9 °Clock Tomorrow.

Tuesday 16 October 1792.

Met according to adjournment. Present His Excellency Gov. Chit-
tenden, his honor I> Govr- Olcott, and the following Members of the
Honble- Council viz*- John Fassett Thomas Porter Samuel Safford John
Strong Ebenezer Walbridge Luke Knoulton Jonathan Arnold Ebenezer
Marvin Paul Brigham. Joseph Fay Secy- Jonathan Bell Sh'ff.

A bill from the House was rec'd appointing Messrs- Farrand, I. Smith
and E. Sheldon a Committee to join a Committee from the Council to
take under consideration the several Letters communicated by His Ex-
cellency the Govr- to the Council & Assembly — Resolved that Mr- Strong
join sd Committee. — [See Appendix E.]

A petition Signed David Stanton in behalf of himself & the Inhabi-
tents of Alburgh, praying to be Exempt from Taxes the year ensuing,
on ace*- of their Crops being distroyed by a hail Storm — having been
read in General Assembly, & Messrs- Farrand, I. Smith, & E. Sheldon
appd- a Committee to join a Committee of Council. — Resolved that
Messre- Marvin and Strong join said Committee.

The Governor and Council proceeded to the House of Assembly at
the request of the Board of Trust for the University of Vermont, and
after communicating to them a dispute between the Board & General
Ira Allen relative to three Thousands pounds value in Land Subscribed
by said Allen, and having confered some time on the business, the
House proposed to join the Governor and Council in Grand Committee
which was agreed to for the purpose of taking the sense of the Legisla-
ture relative to the donation of General Ira Allen, and also for the
purpose of Electing County officers, His Excellency the Governor in the

dry papers enclosed, relative to the disturbances occasioned by the above-
mentioned British guard.

12th. Sundry affidavits relative to the above communication.

13th. A letter from William Eaton, Esq. late Clerk of the Assembly,
relative to the report of a Committee appointed on the subject of
opening a water communication between Lake-Champlain and North -
River, and for rendering Connecticut-River navigable.

The above communications being read, were all referred to Messrs.
Farrand, I. Smith, and E. Shelden [Elisha Sheldon,] to jMn such Com-
mittee as the Council shall appoint, to state facts and make report —
except the letter, and resolution accompanying it, from his Excellency
Edward Telfair, Esquire; as also the letter from William Eaton, Esquire,
upon which no order was taken.

Mr. Strong was joined from the Council.

For documents named in numbers 4, 5, 6, 8, 9, 10, and 11, see Appen-
dix E; and for papers on the subjects named in number 13, see Ap-
pendix D.

Governor and Council — October 1792. 27

Chair, Joseph Fay Clerk, after which the Committee proceeded on the
business aforesaid which are entered at Large in the journals of the
Housed The Committee having adjourned until Tomorrow Morning
9 °Clock the Governor & Council returned to the Council Koom & not
having any business from the House adjourned to 9 °Clock Tomorrow
Morning.

Wednesday 17th [October] 1792.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor Lfc Governor Olcott, and the following Members
of the Honble- Council viz*- John Fassett Thomas Porter Samuel Saf-
ford John Strong Ebenezer Walbridge Luke Knoulton Jonathan Arnold
Ebenezer Marvin Paul Brigham. Joseph Fay Secy- Jonathan Bell
Sheriff.

A bill from the House was rec'd appointing a Committee to join a
Committee of Council to report an act to Enable Credittors to recover
debts from absconding Debtors, and report the necessary alterations to
be made in the act directing the Levying and Serving executions. Re-
solved that his honor L*- Governor Olcott join said Committee.

A bill from the House was rec'd appointing a Committee to join a
Committee of Council for the purpose of revising the Law for appointing
an Attorney General, and regulating his office and duty, and to make a
report of the necessary alterations in the act for the settlement of Testate
& intestate Estates. — Resolved that Mr- Strong and Mr- Knoulton join
said Committee.

A Bill from the House was rec'd appointing a Committee from Each
County to join a Committee of Council for the purpose of reporting an
act for regulating &Encourageing useful Manufactories within this State,
and an act laying a duty on writs and Civil processes, for the use of
Schools. — Resolved that Mr- Safford join said Committee.

A Bill from the House was rec'd appointing a Committee to join a
Committee of Council, to make an addition & amendment to the act reg-
ulating Civil processes & proceeding in civil causes. Resolved that
Mr- Safford join said Committee.

The petition of Charles Goodrich & Joseph Durkee in behalf of them-
selves and the proprietors of Stockbridge & Pittsfield, praying for Com-
pensation on ace*- of said Townships not containing the full quantity of
Land, having been read in General Assembly, & Messrs- Denison, Edson,
Train, Nicholds & Emmons appointed a Committee to join a Committee
of Council— Resolved that Mr Porter join said Committee to take said
petition under consideration & report thereon.

A petition signed by Solomon Norton, and Seth Crow of Poultney,
praying for Compensation for the loss of thirty-six acres of Land which
has fallen into the State of New york by the late settlement of the
boundary line between the Two States, having been read in General As-
sembly & Messrs- Hunt. Shumway & E. Robinson appointed to join a
Committee of Council — Resolved that Mr- Fassett join said Committee.

A petition signed by Benjamin Reynolds praying for an allowance on
ace*- of his Estate being confiscated for Enimical conduct against the
United States, having been read in General Assembly and Messrs- Shum-
way, Hunt, & E. Robinson appointed to join a Committee of Council,
Resolved that Mr- Fassett join said Committee.

1 For proceedings on the disagreement of Allen and the Trustees of
the University, see printed Assembly Journal of 1792, pp. 19, 20, 58.

28 G-ovemor and Council — October 1792.

A petition signed Asa Smith praying for compensation for losses
sustained on ace*- of his loss of Lands purchased in Clarindon of Col0-
Claghorn Commissioner, having been read in General Assembly, &
Messrs- Campbel, Fletcher and Sanders appointed a Committee to join a
Committee of Council — Resolved that M> Arnold join said Committee.

Adjourned to 9 °Clock Tomorrow.

Thursday 18th October 1792.

Met according to Adjournment. Present His Excellency Governor
Chittenden, His honor I> Governor Olcott, and the following members
of the Honble- Council viz*- John Fassett Thomas Porter Samuel Safford
John Strong Ebenezer Walbridge Luke Knoulton Jonathan Arnold
Ebenezer Marvin Paul Brigham. Joseph Fay Secy- Jonathan Bell
Sheriff.

The Governor & Council having attended in Grand Committee yester-
day, the Honble Samuel Knight Esquire was duly Elected chief judge of
the Supreme Court, and the Honble Elijah Payne [Paine] & Isaac Tich-
enor Esquires were duly Elected side judges. Having adjourned until
this morning, the Committee met and took under consideration the peti-
tions of Messrs- Haswell & Rogers praying for Loan of Money on ace*-
of their having unfortunately their printing office & distillery consumed
by fire; after taking a Resolution not to Loan Money for private use the
Committee Adjourned until 9 °Clock Tuesday next.

The Honble Samuel Mattocks Esquire, Treasurer, appeared before the
Governor & Council & was duly qualified to serve in that office by tak-
ing the necessar}r Oaths required by Constitution; The said Treasurer
also as principle [principal.] and the Honble John Strong and jSTathaniel
Chipman Esquires as sureties, was recognized in due form of Law in the
sum of Ten thousand pounds Lawful Money to the Secretary of State
for the faithful performence of his duty in his said office of Treasurer.

£10,000. Attest, Joseph Fay Secv-

A petition signed William Gallup, praying to have one thousand Dol-
lars paid to him, in consequence of that sum being put into Loan office
in the year 1778, on condition of being paid in Land in Hartland belong-
ing to White Head Hicks &c. having been read in General Assembly,
was Committed to Messrs- Lyon, Painter & Harvey to join a Committee
of Council; Resolved that his honor Governor Olcott join said Com-
mittee.

A petition from fifty-one petitioners of the Episcopal Church, pray-
ing that the Glebe Lands in the several Towns may be put into the
hands of a Committee of the Church, having been read in General As-
sembly & Committed to join a Committee of Council, Resolved that
Messr8' Safford and Marvin join said Committee.1

Adjourned to 9 °Clock Tomorrow.

Friday 19th- October 1792.
Met according to Adjournment. Present His Excellency Governor
Chittenden, His honor L*. Governor Olcott, and the following members
of the Honble- Council, viz*- Timothy Brownson John Fassett Thomas
Porter Samuel Safford John Strong Ebenezer Walbridge Luke Knoul-
ton Jonathan Arnold Ebenezer Marvin, Paul Brigham. Joseph Fay
Secv- Jonathan Bell Sherriff.

i For a history of this matter, see The Documentary History of the
Protestant Episcopal Church in Vermont, by C. R. Batchelder, 1870.

Governor and Council — Ocotober 1792. 29

A Messuage from the House was rec'd by Doctr- Campbel, requesting
the Governor & Council to join in Grand Committee on the Subject of
a Bancrupt Act. The Governor & Council having joined the House in
Grand Committee on the Subject of passing a Bancrupt Act, which ter-
minated by a Eesolution that this State have no right to make [such an]
Act.

A bill from the House was rec'd appointing Messrs- [Calvin] Knoulton,
Greene, [Lemuel] Chipman, Woodbridge, Denison and Hall, to be a
Committee to join a Committee from the Council, to revise the act
Eutituled an act regulating Gaols and Gaolers ; Resolved that Messrs-
Marvin & Knoulton join said Committee.

A petition signed Daniel Marsh praying for the repeal of a certain
act passed in the year 1785 nullifying "a certain judgment of Court by
which he has lost his farm in Clarindon, said petition being referred to
this Session of Assembly, and Messrs- Bigelow, Lynde, & Dana appointed
a Committee to join a Committee of Council, Resolved that Mr Strong
join said Committee.

An act for raising £160 by Lottery for compleating the Court House
in Rutland was rec'd and ordered to lie on the Table until Tomorrow.

A petition signed Joseph Baker praying for relief on ace*- of a dispute
subsisting between him & Col0- Jacob Davis, wherein said Davis has re-
covered a Judgment [for] £1155. 14. 6, said petition having been read
in General Assembly and Committed to Messrs- Olin, Bigelow, Fletcher,
Sanders, & Williams, to join a Committee of Council, whereupon re-
solved that Messrs- Walbridge and Fassett join said Committee.

A petition signed Jacob Sheldon praying for Compensation for his
losses on ace1- of Land Bought of the State in Reuport, having been read
in General Assembly & Committed to Messrs- Field, Train, and Hub-
bard to join a Committee of Council, whereupon Resolved that Mr-
Brownson join said Committee.

The petition of Charles Goodrich praying compensation for the defi-
ciency of Lands in the Townships of Pittsfield & Handcock, having
been read in General Assembly & a Committee appointed to join a Com-
mittee of Council, which Committee have reported that the prayer
thereof ought not to be Granted, whereupon a Second Committee was
appointed to join a Committee of Council to take said petition under fur-
ther consideration, state facts and report — Resolved that Mr- Porter
join said Committee.

An act restoring Benjamin Purdy Jur- to the priviledge of Law, in a
Cause depending Between said Purdy and David Lee, having passed the
General Assembly was read and Concurred.

The Honble- Major General Samuel SarTord made a formal Resignation
of the office of Major General of the 2d- Division of the Militia of this
State, which was accordingly accepted by the Captain General, who by
the advice of Council will notify the same to the General Assembly &
request the vacancy to be filled according to Constitution.

Honble- John Fassett Esquire requested leave of absence until Tuesday
next, which was accordingly Granted.

On the representation of General Samuel Safford, and General John
Strong, who were appointed a Committee to receive the Granting fees of
the Township of Brownington, it appears that there was three names
omitted in the Charter of said Town, and that it appears that the omition
[omission] was occasioned by the procurement of Timothy Brown,
Esquire agent, for said proprietors, either thro' mistake or otherwise —
And as the Charter is yet in the hands of the Secretary of Council—
Therefore Resolved that the said Timothy be notified that unless he
shall appear before the Council within eight days and see the mistake

30 Governor and Council — October 1792.

rectified, the said three names will be entered in said Charter.— The names
Omitted are Noah Chittenden, Thomas Tolman, & Stephen Pearl.

The foregoing Resolution sent by Judge FassetL.

Adjourned to 9 °Clock Tomorrow.

Saturday 20th October 1792.

Met according to adjournment. Present His Excellency Governor
Chittenden, his honor If- Governor Olcott, and the following members
of the Honble- Council viz*- Timothy Brownson Thomas Porter Samuel
SafFord John Strong Ebenezer Walbridge Luke Knoulton Jonathan
Arnold Ebenezer Marvin Paul Brigham. Joseph Fay Sec?- Jonathan
Bell Sheriff.

An act Granting a Lottery of £160 for Compleating the Court House
in Rutland was ordered to lie until Tuesday next.

An act dividing the Township of Fairhaven into two Towns, having
passed the General Assembly was read and Concurred.

A petition signed Charles Ward Abthorp [Apthorp,] by his Attorney
Ammasa Payne, praying for Leave to amend his declaration in Identi-
fying a certain piece of Land in Woodstock which is in dispute, and an
action now pending in Windsor County Court, having been read in the
House & committed, Resolved that Messrs- Arnold & Safford join said
Committee.

Adjourned to 9 °-Clock Monday next.

Monday 22d October 1792.

Met according to adjournmenL Present His Excellency Governor
Chittenden, his Honor I> Governor Olcott, and the following members
of the Honble- Council, as usual. [Probably as on the preceding Saturday.]

Having no business from the House, Adjourned until 9 °Clock
Tomorrow.

Tuesday, in Council, 23d October 1792.

Met according to Adjournment. Present His Excellency Governor
Chittenden, His honor I> Governor Olcott, and the following members
of the Honble- Council viz4- Timothy Brownson Thomas Porter Samuel
Safford John Strong Ebenezer Walbridge Luke Knoulton Jonathan
Arnold Ebenezer Marvin Paul Brigham. Joseph Fay Seev- Jonathan
Bell Sherriff.

The following resolution was rec'd from the House viz*-

In General Assembly October 20th- 1792.

Resolved that His Excellency the Governor with advice of Council be
requested to appoint Thursday the sixth day of December a day of pub-
lic Thanksgiving throughout this State.

Attest, R. Whitney Clerk.

The Governor & Council joined in Grand Committee according to ad-
journment for the purpose of Completeing Orange County Election. Said
County not being ready, the Committee adjour'd until next Friday
morning, at which time the Committee will proceed to appoint a Major
General of the Militia of the 2d Division in this State in lieu of the
Honble- Major General Samuel Safford Resigned.

Resolved that the Revd- Doctr- Williams be requested to make a
Draught of a Proclamation for a public day of Thanksgiving thro'out
this State.

Governor and Council —October 1792. 81

An act Granting a Lottery of £160 for the purpose of Completeing the
new Court House in Eutland, having passed the General Assembly was
read and Concurred.

A messuage from the House by Mr- Spencer was rec'd requesting the
Governor & Council to join the House in Grand Committee to take
under Consideration the' Settlement with General Allen, which Took up
the whole day, after which the Council returned & adjourned until 9
°Clock Tomorrow, to which time the Committee also adjourned. l

Wednesday 24 October 1792.

Met according to adjournment. Present as yesterday.

The Governor & Council joined the House in Grand Committee on
the account of General Ira Allen; after a full hearing by Mr- Tichenor
Council [counsel] on the part of the State — and Mr- Buck Council
for Mr- Allen, the Committee passed a resolution recommending to
the General Assembly that the Sense of the Committee was that the
State was not Indebted to General Allen neither in Law or equity, &
that the Treasurer be directed to Call on General Allen for one thousand
Dollars paid to him by order of the General Assembly in October last;
whereupon the Committee dissolved, and the Council adjourned to 9
°Clock Tomorrow.1

Thursday 25 October 1792.

Met according to adjournment. Present His Excellency Govr- Chit-
tenden, His honor U Governor Olcott and the following members of
the Honble- Council viz4- Timothy Brownson John Fassett Thomas Por-
ter Samuel Safford John Strong Ebenezer Walbridge Luke Knoulton
Jonathan Arnold Ebenezer Marvin Paul Brigham. Joseph Fay Secy-
Jona- Bell Sherriff.

An Act for Incorporating the Townships of Fairfield & Bakersfield
into two Townships having passed the General Assembly, and having
remained in Council until it became a Law — Resolved that Mr Fassett
return said act to the General Assembly and request them to reconsider
said Act and take into consideration a different Division of said Towns
and other Towns adjoining.

An Act Granting to William Page & Lewis R. Morris the exclusive
right of Locking Bellows Falls having passed the General Assembly was
read and Concurred with several amendments written and annexed
thereto.2

Adjourned to 9 °Clock Tomorrow.

Friday 26 October 1792.
Met according to adjournment. Present His Excellency Governor
Chittenden, His honor L*- Governor Olcott, and the following members
of the Honble- Council viz*- Timothy Brownson John Fassett Thomas
Porter Samuel Saftbrd John Strong Ebenezer Walbridge Luke Knoul-
ton Jonathan Arnold Ebenezer Marvin Paul Brigham. Joseph Fay
Secy- Jonathan Bell Sheriff.

1 See printed Assembly Journal of 1792, pp. 48-52.

2 See Appendix D.

32 Governor and Council — October 1792.

The following certificate rec'd from the Treasurer & ordered to be
recorded vizf*

Treasurer's Office, Rutland October 25 1792.
This may certify that Samuel Avery Esquire hath paid into the Treas-
ury eighty-seven pounds ten shillings in specie for 9,723 acres of Land
lying northerly and adjoining to Lands Granted to John Kelly Esqr- it
being in full therefor, the same being receipted to said Avery.

Samuel Mattocks Treasr-
True copy sent to the Sec^- of State. Attest, Joseph Fay ISecv-

Agreeable to the order of the day the Governor and Council joined
the House in Grand Committee for the purpose of Electing civil officers
for the County of Orange; the nomination was read and passed the
House, after which Joseph Tyler Esq1-- of Townsend was Elected justice
of the Peace within and for the County of Windham — Asa Briggs &
John Lord was Elected Justices of the Peace for the County of Wind-
sor— Jonathan Eisk was Elected justice of the Peace Within & for the
County of Chittenden. James Whitlow [Whitelaw] Esq1-- was Elected
Surveyor General for the year ensuing.— Isaac Tichenor Esqr. was
Elected Major General of the 2d- Division of the Militia of this State vice
Gen1- Safford resigned.

An act Incorporating Cavendish Grammar School, having passed the
General Assembly was read and Concurred.

A petition signed Samuel Atly [Atbee] praying for an Act of Insol-
vency, having been read in General Assembly, and Committed to Mess18-
Harvey, Thompson, and Greene, to join a Committee of Council, State
facts and make report— Resolved that Mr- Eassett join said Committee.

Adjourned until 9 °Clock Tomorrow.

Saturday 27 October 1792.

Met according to adjournment. His Excellency the Governor, L*.
Governor & Members of Council as yesterday.

A petition Signed Aaron Parmalee of Weybridge, having been read
in General Assembly and Committed to join a Committee of Council —
Resolved that Mr- Fassett join said Committee.

A petition signed Thomas Chandler, praying for an Act of Insolvency,
having been read in General Assembly & Committed to join a Commit-
tee of Council — Resolved that Mr- Walbridge join said Committee.

A petition signed Thomas Payne, praying for an Act of Insolvency,
having been read in General Assembly and Committed to join a Com-
mittee of Council — Resolved that Mr- Walbridge join said Committee.

A petition signed John Cramer, praying for an Act of Insolvency, hav-
ing been read in General Assembly and Committed to join a Committee
of Council — Resolved that Mr- Walbridge join said Committee.

A petition signed Elijah S. Hollister, praying for an Act of Insolvency,
having been read in General Assembly and Committed to join a Com-
mittee of Council — Resolved that Mr- Safford join said Committee.

Adjourned to 10 °Clock Monday next.

Monday 29th- October 1792.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor L*- Governor Olcott & the following members of
the Honble- Council the same as yesterday [Saturday.]

His honor Judge Knoulton Obtained Leave of Absence during the
present Session.

Governor and Council — October 1792. 33

An act Granting Anthony Haswell Leave to raise <£200 by Lottery,
having been read and passed in General Assembly, was read and Con-
curred.

An act Granting to Jabez Rogers Leave to raise by Lottery the sum
of J61,200, having passed the General Assembly, was read & Concurred.

An act altering the name of Tomlinson to that of Grafton, having
passed the General Assembly, was read and concurred.

An act discharging Samuel Atley from his Debts having passed the
General Assembly was read and concurred.

An act annexing Walden Gore to Danville, having passed the General
Assembly was read and Concurred.

A bill from the House was rec'd appointing Messrs- [Lemuel] Chip-
man, D. Sheldon, Hunt, E. Robinson & Thompson to be a Committee,
to join a Committee of Council, to take under consideration the expedi-
ency of Dividing the Counties of Orange & Chittenden — Resolved that
Mr Olcott & Mr- Strong join said Committee.

Adjourned to 2 °Clock'P. M.

Met according to adjournment.

An act Granting to Levi Pease the exclusive right of Running a Stage
from Springfield to Dartmouth College, having passed the General As-
sembly, was read and Concurred.

A messuage from the House was rec'd requesting the Governor and
Council to join the House in Grand Committee tomorrow morning to take
under consideration the several Claims of those persons who have pur-
chased Lands of the Commissioners of sales, and Credittors to Estates
so confiscated.

Adjourned to 9 °Clock Tomorrow.

Tuesday in Council, 30 October, 1792.

Met according to adjournment. His Excellency Governor Chittenden
Present, «& his honor L*- Governor Olcott & the following members of
the Honble- Council viz4- Tim0. Brownson John Fassett Thomas Porter
Samuel Safford John Strong Ebenezer Walbridge Jonathan Arnold
Ebenezer Marvin Paul Brigham. Joseph Fay Se&- Jonathan Bell
Sheriff.

Agreeable to the order of the day, the Governor and Council joined
the House in Grand Committee for the purpose of Taking under Con-
sideration the making compensation to persons who have purchased
confiscated Estates whose Titles have not proved Good, & for paying to
persons debts due from confiscated Estates. His Excellency the Gover-
nor in the Chair, Joseph Fay Clerk. Whereupon the Committee pro-
ceeded as Entered on the journals of the House.1

Adjourned to 2 °Clock P. M.

1 From the printed Assembly Journal, Oct. 30 1792, A. M.

The House met pursuant to adjournment, when, agreeably to the
order of the day, his Excellency the' Governor, and Council, appeared in
the house, and joined in Grand Committee, for the purpose of taking
under consideration the several claims of those persons who have pur-
chased lands of the Commissioners of sales of confiscated estates, and
whose titles have failed— and also the claims of the creditors to estates
so confiscated. His Excellency the Governor in the chair. Joseph
Fay, Clerk. On motion, Resolved, as the opinion of this Committee,
That they recommend to the Legislature of this State, to make compen-
3

34 Governor and Council — November 1792.

Met according to adjournment & proceeded to join the House in
Grand Committee, agreeable to adjournment, to take under considera-
tion the subject of Allowing and paying Debts due from persons whose
Estates have been confiscated to the use of this State — Whereupon Re-
solved to recommend to the Legislature that no such debt or Claims
whatever ought in justice or equity to be paid.

Resolved that Andrew Barton Jur- and Joel Barber be and they are
hereby appointed justices of the peace within & for the County of Ad-
dison.

An act impowering the administrators of Seth Keeler Deceased to
give deeds, having passed the General Assembly, was read and con-
curred.

An act Establishing (for the time being) the rate to which printing
business for the State shall be done, having passed the General Assem-
bly was read & Concurred.

An act confirming the Choice of a First Constable in the South dis-
trict of Wardsborough, having passed the General Assembly, was read
& Concurred.

An act Laying a Tax on the County of Rutland of one penny on the
pound, having passed the General Assembly, was read & Concurred.

An act in addition to an act to amend an act Levying [a tax] in Bur-
lington, having passed the General Assembly was read and Concurred.

An act Incorporating Jacksons's Gore and part of Ludlow into one
district, having passed the General Assembly was read & concurred.

Adjourned to 9 °Clock Tomorrow.

Wednesday 31l- October 1792.

Met according to adjournment. Present as yesterday.

An act discharging Daniel Stanton from his Credittors having passed
the General Assembly, was read and Concurred.

Honble- Ebenezer Walbridge requested Leave of absence during the
present Session, which was accordingly Granted.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

On a bill from the House appointing Messrs- Williams, Greene, & Far-
rand to join a Committee of Council to take under Consideration &
report a General Act of Insolvency, Resolved that his honor [Lieut.]
Govern1- Olcott join sd- Committee

Adjourned to 9 °Clock Tomorrow.

Thursday 1*- November 1792.

Met according to adjournment. Present His Excellency Governor
Chittenden, his honr- 1> Govr- Olcott & the Members of Council as
yesterday.

An act in adition to an act in alteration of an act Incorporating the
Members of the Athens Grammar School into a Society, having passed
the General Assembly was read and Concurred.

An act Granting a Land Tax of 2d pr- acre on the Township of Wind-
sor having passed the General Assembly was read & Concurred.

sation to those persons who have purchased lands of Commissioners of
sales of confiscated estates, and who have been ejected off said lands,
where, upon examination, the justice and equity of their claim may
require it. Adjourned to 2 o'clock P. M.

Governor and Council — November 1792. 35

An act empowering the Supreme Court to Grant a New Tryal to
Jacob Sherwin, having passed the General Assembly was read and con-
curred, with amendments.

An act annexing part of Alburgh to the Town of Highgate, having
passed the General Assembly was read and concurred.

Adjourned to 2 "-Clock P. M.

Met according to adjournment.

An act Granting to Frye Bayley Esqr- £12 4 0, having passed the
General Assembly was read & Concurred.

An ace*- exhibitted by Levi Allen for going to Quebec express by
order of Governor Chittenden, having been read and committed by the
House to Messrs- Olin, Lynde & Harvey to join a Committee of Coun-
cil, Resolved that Mr- Porter join said Committee.

A bill from the House was rec'd appointing Messrs- Shumway, J.
Robinson, and Weld to be a Committee to join a Committee of Council,
to take under consideration the situation of the society lands, and make
report — Resolved that Mr Strong join said Committee.

A bill from the House was rec'd appointing Messrs- Hitchcock, Far-
rand, and E. Sheldon, to join a Committee of Council to Enquire into the
situation of the Lands in Londondary in the County of Windham, state
facts and make report — Resolved that Mr- Safford join said Committee.

Adjourned until 9 °Clock Tomorrow Morning.

Friday 2d Nov- 1792.

Met according to adjournment. Present His Excellency Govr- Chit-
tenden, his honor L* Governor Olcott and the members of the Honble-
Council as yesterday.

His Excellency the Governor & Council joined the House in Grand
Committee for the purpose of choosing Electors. The Ballots being ta-
ken, Samuel Hitchcock, Lott Hall, Lemuel Chipman, and Paul Brigham
Esquires was declared to be duly Elected, for the purpose of Electing a
President & Vice President of the United States.

An act repealling an act Entituled an act to secure to Daniel Marsh
the possession of a Certain Farm &c, having passed the General As-
sembly was read & Concurred.

An act laying a Tax of 2d half penny on the pound throughout this
State, having passed the General Assembly was read and Concurred.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

An act in addition to an act entituled an act Directing proceedings
against Forcible Entry and Detainer, having passed the Council, was
ordered to be sent to the General Assembly to be passed into a Law of
this State.

Adjourned to 9 °Clock Tomorrow.

Saturday 3d November 1792.

Met according to adjournment. Present the Governor, L*- Governor
& Council as yesterday.

Resolved that the second Wednesday in April next be and is hereby
appointed and set apart as a day of public Humiliation & prayer
throughout this State, and that his Excellency the Governor be and is
hereby requested to Issue his Proclamation accordingly.

86 Governor and Council — November 1792.

An [act] directing the times when the Several County Courts shall be
holden within this State, having passed the Council was directed to be
sent to the General Assembly to be passed into a Law of this State.

Adjourned to 2 °Clock P. M.

Met according to adjournment and adjourned to 9 °Clock Monday next.

Monday 5 November 1792.

Met according to adjournment. Present His Excellency the Gover-
nor and his honor the I> Governor and the following members of the
Honble- Council viz4- John Fassett Thomas Porter Samuel Safford John
Strong Jonathan Arnold Ebenezer Marvin Paul Brigham. Jos. Fay
Sec?- Jona- Bell Sherriff.

On application of John Kelly Esquire for a Charter of Incorporation
of 12,000 acres of Land adjoining to Carthage [Jay,] Dunkensboro
[Newport,] Coventry, & Land Chartered to the said John Kelly in the
year 1791 — the Kesolution of the General Assembly making a Grant
and directing the Governor & Council to Issue a Charter, together
with a rec1- from the Treasurer and a Survey from the Surveyor General,
being produced, whereupon Kesolved that the Governor be & he is
hereby requested to Issue said Charter, to be dated the 30th of October
1792, being the day the Granting fees was paid.

An act dividing Orange and Chittenden Counties, & Erecting four
new ones, was read & Concurred with the amendments following viz1-
that in Lieu of Organizing in the year 1793 that 95 & 96 be inserted, and
that the name of York be that of Franklin.

Adjourned to 2 °Clock P. M.

Met according to adjournment, and Adjourned to 9 °Clock Tomorrow.

Tuesday 6 November 1792.

Met according to adjournment. Present His Excellency Governor
Chittenden, his honor L* Governor Olcott & the following members of
the Honble- Council viz4- John Fassett Thomas Porter Samuel Safford
Johu Strong Jonathan Arnold Ebenezer Marvin Paul Brigham. Joseph
Fay Secv- Jonathan Bell Sherrijf.

A bill from the House was rec'd appointing a Committee to join a
Committee of Council to report what ought to be done with the Conti-
nental Money in the Treasury; Resolved that Mr- Safford join sd Com-
mittee.

A act appointing Commissioners to assertain and Establish the
boundary line between the State of New Hampshire & the State of Ver-
mont having passed the General Assembly was read & concurred.

An act Enabling the first society in Dorset to Tax themselves passed
& Concurred.

An act affixing a place for the meeting of the Electors of President &
Vice Prcs4- of the United States of America having passed the House
was read & Concurred.

An act restoring Robert Nicolds [Nichols] to the priviledge of Law
read and Concurred.

An act appointing Nathaniel Stoughton and Thomas Prentis Managers
to the Second Class of Weathersfield Lottery for Erecting a Brewery,
read and Concurred.

An act Granting relief to Two native Indians read & Concurred.

Adjourned to 2 °Clock P. M.

Governor and Council — November 1792. 37

Met according to adjournment.

An act In addition to an Act Intituled an Act regulating processes &
proceedings in civil causes, read and Concurred.

An act in addition to and amendment of an Act defining the powers
of justices of the Peace within this State & prohibiting writs of Certiorari
— passed, read & concurred — with amendments.

An Act In addition to the Act regulating Civil processes & for
appointing Clerks to the Supreme Court, having passed the General
Assembly was read and Concurred with this amendment viz1- that this
act continue in force for two years from the rising of this Assembly &
no longer.

An act Granting a Tax of one penny on the pound in the County of
Chittenden passed, read & Concurred.

An act Establishing a jurisdictional Line between the Towns of Han-
cock & Rochester read & Concurred.

An act Granting a Tax of one penny pr- acre in Wilmington read &
Concurred.

An act Granting a Tax of one penny pr- acre in Marlboro' read &
Concurred.

An act Ratifying the Division of the town of Rutland by & between
the proprietors thereof having passed the House was read & Concurred.

An act releasing the Town of Alburgh from State Taxes the present
year, having passed the House was read & Concurred.

An act Granting a Tax of one penny pr- acre in Huntsburgh [Frank-
lin] read & Concurred.

An act Granting a Tax of one penny pr- acre in Greensboro' read &
Concurred.

Adjourned to 9 °Clock Tomorrow.

Wednesday 7th- November 1792.

Met according to adjournment. Present as yesterday.

An act Granting a Tax of a half penny in Craftsbury. two pence in
Kellyvale [Lowell] and one penny in Montgomery was read & Con-
curred.

An act in addition to and alteration of an act Granting to Jabez Rog-
ers of Middlebury leave to raise ,£1,200 by Lottery was read and con-
curred.

An act adding Jabez Barlow and Nathan Gilbert to the Committee of a
Road Tax in Smithfield [part of Fairfield,] having passed the House was
read and Concurred.

Adjourned to 2 °Clock P. M.

[Met according to adjournment.]

Upon a Representation of the judges of the County Court for the
County of Rutland, that in their opinion it would be of public Utility to
relinquish the fines laid on a number of persons in said County by the
Supreme Court in August 1787 for Riotous conduct, — 'Therefore Re-
solved that all and every one of the said persons fined as aforesaid shall
be discharged from the payment of sd- fines on their paying their equal
proportion of the fines paid by Captain Daniels, excepting his equal
proportion.— That the State's Attorney for said County be & he is
hereby directed to discharge each of said persons on procuring a dis-
charge from said Captain Daniels that they have paid their proportion
of their fine aforesaid, which he is to avarage according to their re-
spective fines.

An act directing the Time for holding County Courts read & Con-
curred.

38 Governor and Council — November 1792.

An act in addition to an act regulating fees read & Concurred.
An act for Mending & Clearing highways read & Concurred.
An act to prevent the Growth and Spreading of the Canada Thistle
read and Concurred.
Adjourned to 9 "Clock Tomorrow.

Thursday 8 November 1792.

Met according to adjournment. Present as yesterday.

Resolved that the Honble- Samuel Safforcl be & he is hereby directed to
Call on the Treasurer for the money due on the Debenture for the pres-
ent Session, & to Rec4- the Same in behalf of the L* Governor & Council.

An act making addition to the Committees on the Land Tax in Wood-
bury and Hardwick read & Concurred.

An act Granting a Tax of one penny pr- acre in Richford read and
Concurred.

An act Granting a penny Tax in Chittenden read & Concurred.

An act Granting a Tax of one penny pr- acre in Pittsfield read & Con-
curred.

An act Granting a Tax of one penny pr- acre in Montpeliar read and
concurred.

An act Granting a Tax on Holland, Caldersburgh [Morgan,] Wenlock
& Brunswick read and Concurred.

An act Granting a Tax of 2d pr- acre in SL George read & Concurred.

An act for the purpose of Raising by Lottery three hundred pounds to
build a Bridge over the river La Moil in Milton read & Concurred.

An act Granting a Tax of 2d pr- acre in Grotton read & Concurred.

An act Granting a Tax of one penny pr- acre in Granby read & Con-
curred.

An act Granting a Tax of 2d pr- acre in Rygate read & Concurred.

An act directing the Managers of Lotteries read & Concurred.

An act Granting to David Sanderson the Exclusive right of Carting
by Bellows Falls, Read & Concurred with amendments.

An act making provission for the Support of Daniel Whipple of
Rockingham read"& Concurred.

An act empowering the judge of Probate for the district of West-
minster to order the sale of the Estate of William Shaw, read & Con-
curred.

An act empowering Joseph Packerd to sell the real Estate of Winslow
Packerd read & Concurred.

An act altering the name of Hungerford to that of Sheldon read and
concurred.

An act empowering the first Constable of Fairhaven to Collect several
Taxes read and Concurred.

An act in adition to and alteration of an act Entituled an act for the
prevention and punishment of Frauds and perjuries, read & Concurred.

An act in adition to an act regulating Goals & Goalers read & Con-
curred.

An act to secure John Stevens from arest read & concurred.

An act in adition to the act for raising 30,000 Dollars read & Concur-
red adding the Township of Fletcher.

An act regulating the Manufacturing of Iron & Nails read & Con-
curred.

An act to promote the Increase of Sheep read and concurred.

An act Granting Leave to raise £500 by Lottery for building a Bridge
over White river read and Concurred with amendments.

Governor and Council — November 1792. 39

An act to free from arrest the body of Jonathan Fassett until the 10th
day of November next, read & Concurred.

An act Granting a Tax of a halfpenny on the pound in the County of
Windham read and Concurred.

An act to suspend prosecution against Luke Coffein for one year was
read and Concurred.

An act directing the Treasurer to pay to Enos Wood Twelve pounds
Lawful Money in hard Money, read & concurred. £12.

An act Granting a Tax of one penny pr- acre on Morristown, Sterling
& Worcester read and Concurred, with adding Martin Chittenden to the
Committee in lieu of Joseph Leach.

Resolved that the name of Stephen Pearl be inserted in the Charter
of the Township of Brownington as an addition to the number already
Inserted and that thereupon the Secretary of Council compleat & Diliver
the Charter to Timothy Brown Esqr- he dilivering all rects- for Money
paid Generals Safford & Strong ammounting to three hundred & ninety
two pounds & one penny. £392 0 1.

An act for paying the Convention [on the constitution] read and
Concurred.

An act in addition to an act for raising 30,000 Dollars read and Con-
curred.

Resolved that His Excellency Thomas Chittenden be directed to sign
a Charter to himself agreeably to a Resolution of the General Assembly
of the 7th- of November 1792, for Twenty rights of Land in the Town-
ship of Carthage [Jay] amounting to seven thousand six hundred acres
including part of the public rights in said Township to be reserved
according to said Resolution.

An act dividing the State into districts for Electing Representatives to
Congress read and Concurred.

Adjourned to 2 °Clock P. M. *

Met according to adjournment.

An act empowering the Selectmen of Springfidd to sell the Estate of
Oliver Blye, read and Concurred.

An act giving Leave to the Town of Pittsfield to appoint a Constable
read and Concurred.

An act directing the Collecting of Land Taxes read & Concurred.

An act directing the mode of appropriating public money8 read and
Concurred.

An act to raise by Lottery one hundred and fifty pounds to build a
Bridge across Deerfield River, read & Concurred, with amendments.

An act in addition to an act Empowering the Administrators of Seth
Keeler to Deed Lands in Certain cases, read & Concurred.

1 From the printed Assembly Journal, Nov. 8 1792:

Resolved, That the salary of his Excellency the Governor, for the
present year, be one hundred and fifty pounds; and the treasurer is hereby
directed to pay the same.

Resolved also, That Samuel Mattocks, Esq. Treasurer, be allowed one
hundred and twenty pounds, as his salary for the year ensuing.

Resolved, That the treasurer be directed to take bonds of the attorney
general, with sureties, in the sum of two thousand pounds, for the faith-
ful performance of his office.

Resolved, That the treasurer be, and he hereby is directed, to pay to
his Excellency Thomas Chittenden, Esq. out of the treasury of this state,
the sum of nine pounds, in hard money, to defray the expense necessa-
rily incurred on election day.

40 Governor and Council — November 1792.

An act explanitory of an act for Collecting and paying rates, read and
Concurred.

This Council having heard a Eesolution of Assembly requiring his
Excellency the Governor to Issue a Charter of the Township of Sheffield
to Noah Smith Esqr- & associates, and insert therein such names as the
said Noah Smith shall Exhibit to be Entered, & as there is a dispute
respecting the names which may be by him offered to be so inserted, &
in which the parties whose names were heretofore given in, and who it
appears had money8 actually paid into the State for their respective
rights or shares, have had no opportunity to be heard — And as it further
appears to the Council, injury may arise as well to the State as to the
said parties if said Charter should Issue without the Insertion of their
names, and no material damage can insue from a Temporary delay in
Issuing the Same — It is the opinion and advice of this Council that the
Seal of this State be not affixed to any Charter for said Township of
Sheffield unless the names presented by the said Noah Smith Esqr- shall
agree with the names contained in a "Receipt given by said Smith and
Lodged in the office of the Sec^- of this Council as a part of the propri-
etors of said Sheffield, until the next Session of the General Assembly,
that the parties may have an opportunity to be heard before the Assem-
bly respecting the same.

A Debenture of Council at their Session Holden at Eutland com-
mencing the 11th- of October, and ending the 8th- of November inclu-
sive.

His honor I> Gov- Olcott £23 8 4, Honble- Timothy Brownson 7 12
8, John Fassett 12 2 0, Thomas Porter 10 12 4, Samuel Safford 12 3 0,
John Strong 11 3 0, Ebenezer Walbridge 9 7 0, Luke Knoulton 8 16 4,
Jonathan Arnold 14 3 0, Ebenezer Marvin 10 12 4, Paul Brigham 11
16 4, Joseph Fay 8e&- 15 1 0, Jonathan Bell Sherriff 8 14 0— £156 1 4.
State of Vermont Treasurer's office Kutland December 1792.
This may certify that Samuel Avery has this day paid into the Treas-
ury the whole of the Granting fees for Eleven thousand and forty acres
of Land Granted to him October 1789, and agreeable to a Resolution of
Assembly dated October 25th- 1792, being two hundred and sixty four
pounds, nineteen shillings and two pence, at Twenty four pounds pr-
Each Thousand acres, the same being otherwise receipted.
£264 19 2. Samuel Mattocks Treasurer.

The foregoing certificate is a true Copy of the Original on file, or-
dered by the Governor to be recorded.

Attest, Joseph Fay Secy-
I the Subscriber Treasurer of the State of Vermont do certify and de-
clare to all whom it doth or may concern, that I have on the day of the
date hereof Recd- from the Honble- John Jay Esqr- and John Cozine Es-
quire by the hand of Josiah Armes Esqr- the Sum of Two hundred &
sixty one pounds Lawful Money which with Twenty four pounds like L.
Money heretofore paid by General John Strong is in full of the Grant-
ing fees ordered by the Legislature of Vermont to be paid into the
Treasury upon fifteen Thousand acres of Land part of a Tract of Land
heretofore called Carthage [Jay,] in pursuence of and agreeable to a
Resolution of the Assembly of Vermont, bearing date the 7th day of
November last — for which money I gave a rec4- & duplicate of this date.
Given under my hand this 28th day of Decr- 1792.

Samuel Mattocks Treasurer.
True Copy Examd- Attest, Joseph Fay Secy-

SEVENTEENTH COUNCIL.

OCTOBER 1793 TO OCTOBER 1794.

Thomas Chittenden, Williston, Governor.
Peter Olcott, Norwich, Lieutenant Governor.

Councillors :

John Fassett, Cambridge,
Jacob Bayley, Newbury,1
Thomas Porter, Tin mouth,
Samuel Safford, Bennington,
John Strong, Addison,
Jonathan Hunt, Vernon,

Joseph Fay, Bennington, Secretary.

William Sweetser, Windsor, Sheriff.

Eben'r Walbridge, Bennington,
Luke Knoulton, Newfane,
Ebenezer Marvin, Tinmouth,
Paul Brigham, Norwich,
Jonas Galusha, Shaftsbury,
Gideon Olin, Shaftsbury.

BIOGRAPHICAL NOTICES.

Jonas Galusha, born in Norwich, Conn., Feb. 11, 1753, came to
Shaftsbury in 1775. He was captain of a militia company from 1777 to
1780. In 1777 there were two companies in the town, one of which
seems to have taken part in the battle of Hubbardton, where Amos
Huntington, its captain, was captured by the British. Captain Galusha
was thereupon assigned to the command of both companies, and he led
them in the battle of Bennington. He represented Shaftsbury in the
Legislature of 1800; was Councillor from Oct. 1793 until Oct. 1799, and
also from Oct. 1801 until Oct. 1806; Sheriff of Bennington county from
1781 to 1787; Judge of the County Court from 1795 until 1798, and again
from 1801 until 1807; Judge of the Supreme Court in 1807 and 1808;

1 John White of Georgia was declared to be elected in place of Mr.
Bayley, but on the 14th of October errors in the canvass were discov-
ered, the correction of which elected Mr. Bayley, and the seat was as-
signed to him.

42 Biographical Notices.

and Governor from 1809 until 1813, and from 1815 until 1820. He was
an elector of President and Yice President in 1808, 1820, and 1824; one
of the Council of Censors in 1792; and a member of the Constitutional
Conventions of 1814 and 1822, and President of both. His services in
civil offices covered forty years. " He possessed a mild, benevolent, and
philosophic turn of mind, and a comprehensive understanding. He was
not a dealer in many words, gave his reasons with openness and candor,
and always made them plain to the meanest capacity. Like Cincinna-
tus, he delighted to retire from the toils of war and labors of state, to
return again to the comforts of societ}' and follow his plough." — Vt. Hist.
Magazine, Vol. t, p. 234. Like many of his day in Vermont, among
them several excellent and notable men, he was both farmer and inn-
keeper. Gov. Galusha, though not a member of any church, was, " in
the estimation of those competent to judge, a true Christian. He main-
tained family worship in all its forms, was known to observe private de-
votions, was an habitual attendant upon public worship and at social
meetings, and frequently took an active part in the latter. In his daily
life he was also such as a Christian should be, modest, amiable, upright,
faithful to every obligation. * * * When nearly seventy-nine years of
age, he attended a protracted meeting at Manchester, and took an ac-
tive part in its exercises; as the result of which he was aroused to a
sense of the duty of making a public profession of religion, and an-
nounced his intention to do so, but was prevented from accomplishing
his purpose by a stroke of paralysis, which he experienced soon after,
and from which he never recovered. * * * By his first wife, Mary,
[daughter of Gov. Thomas Chittenden,] he had five sons and four daugh-
ters. His children were well trained, and all of them who survived
childhood became professors of religion; one of them, Elon, an eminent
minister in the Baptist denomination." — Memoirs of Jonas Galusha, by
Rev. Pliny H. White. In publishing the death of Gov. Galusha, which
occurred on the 24th of Sept. 1834, the Vermont Watchman and State
Gazette characterized him as " a decided and unwavering republican, an
honest man, and a veteran of the revolution."

Gideon Olin was born in Rhode Island in 1743, removed to Shafts-
bury in 1776, and very soon took a prominent part in public affairs. He
was a delegate to the Convention at Windsor June 4 1777; Commissioner
of Sequestration Feb. 21 1778 ; Major of the second regiment May 28
1778, in which office he engaged in active service on several occasions
during the revolutionary war ; representative in the General Assembly
in 1778, March and October sessions, and from 1780 until 1793, when he
took his seat in the Council ; Speaker of the House from 1788 to 1793,
and again a member in 1799 ; Councillor from 1793 until 1798 ; Judge of
Bennington County Court from 1781 until 1798, again from 1800 until 1802,
and Chief Judge from 1807 until 1811 —in all twenty-three years as judge;
delegate in the Constitutional Conventions of 1791 and 1793, and Mem-

Biographical Notices. 43

ber of Congress from 1803 to 1807. " Gideon Olin was one of the firmest
supporters of the State, and in the hours of political darkness not a star of
lesser magnitude ; possessed great natural talents, an intuitive knowl-
edge of mankind, was nobly free in his opinions, and decided in his
conduct. He died at Shaftsbury in January 1823." — Vt. Hist. Magazine,
Yol. I, p. 234. For an example of Judge Olin's firmness and decision,
see Vol. in. p. 378. The Olin brothers, Gideon and John, of Shaftsbury,
have been conspicuous in their descendants, among whom are Hon. John
H. Olin of Shaftsbury; Lieut. Gov. and M. C. Henry Olin of Leicester;
Rev. Dr. Stephen Olin, President of Randolph (Georgia) Macon College,
and the Wesleyan University at Middletown, Conn. &c, and Hon.
Abraham B. Olin, member of the 35th, 36th, and 37th Congress.

44 Governor and Council — October 1793.

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT WINDSOR,

OCT. 1793.

At a meeting of the Governor & Council for the purpose of Electing
officers of Government for the Year ensuing holden at Windsor afore-
said this 10th- day of October A. D. 1793. Present His Excellency
Thomas Chittenden Esqr- Governor — His honor Peter Olcott Esqr- L*-
Gov. and the following Members of the Honble- Council viz*- John Fas-
sett Jacob Bayley Thomas Porter Samuel Safford John Strong Eben-
ezer Walbridge Jonathan Hunt Luke Knoulton Ebenezer Marvin Paul
Brigham. Joseph Fay Secy- Wm- Sweetser Sheriff.

Resolved that a Committee of Seven be appointed to join a Commit-
tee from the House, to receive, sort & count the votes of the freemen
for Governor, L* Governor, Treasurer and twelve Counsillors, & make
report of the persons who shall appear to be duly Elected — Members
chosen Messrs- Safford, Brigham, Marvin, Strong, Porter, Fassett and
Hunt.

Adjourned to 2 °Clock P. M.

Met according to adjournment & adjourned until 9 °Clock Tomorrow.

Fkiday 11th- October 1793.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor L*- Governor Olcott, and the following Members
of the Honble- Council viz*- John Fassett Thomas Porter Samuel Safford
John Strong Ebenezer Walbridge Luke Knoulton Jonathan Hunt Eb-
enezer Marvin Paul Brigham. Joseph Fay Secy- William Sweetser
Sheriff.

The Committee appointed to join a Committee from the House to re-
ceive, sort and count the votes of the freemen for Governor, L*- Gov-
ernor, twelve Counsillors & Treasurer for the year ensuing have de-
clared the following persons to be duly Elected viz1- His Excellency
Thomas Chittenden Esqr- Governor, Peter Olcott Esqr- L*- Governor,
Samuel Mattocks Esqr- Treasurer— and the Honble- Samuel Safford Paul
Brigham Jonathan Hunt Ebenezer Marvin John Strong John Fassett
Luke Knoulton Ebenezer Walbridge Jonas Galusha Gideon Olin Thomas
Porter & John White l Counsillors.2

1 See post, pp. 46, 47.

2The canvass of votes for Governor, as printed in the Vermont Gazette
of Oct. 18 1793, gave the following results by counties :

Counties. 1

Addison,

Bennington,

Chittenden,

Orange,

Rutland,

Windham,

Windsor,

Totals,

5 Chittenden.

Isaac Tichenor.

Noah Smith.

Scattering.

460

139

21

10

494

404

73

14

422

463

43

29

292

374

7

4

1094

299

27

9

152

558

3

273

475

3

16

3184

2712

174

85

Governor and Council — October 1793. 45

His Excellency the Governor, I> Govr- and the Members of Council
present were duly qualified and took their seats accordingly.

His Excellency was pleased to appoint Joseph Fay Secretary to the
Governor & Council, who was duly qualified accordingly.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

Honble- Gideon 01in*Esqr- appeared in Council and was duly qualified
before the Governor and took his seat in Council.

A bill from the House was rec'd appointing Messrs- Henry, E. Spooner,
J. Robinson, Todd, Lyon, Williams, E. Robinson, Emirions, Davis, Ear-
rand, Woodbridge, Painter, Harrington, & Hitchcock a Committee to
join a Committee of Council to arrange the business of the present Ses-
sion— Resolved that Messrs- Marvin and Brigham join said Committee.

Adjourned to 8 °Clock Tomorrow.

Saturday 12th- October 1793.

Met according to adjournment. Present His Excellency Governor
Chittenden — his honor I> Governor Olcott, and the following members
of the Honble Council viz*- John Fassett Thomas Porter Samuel Safford
John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Eb-
enezer Marvin Paul Brigham Gideon Olin. Joseph Fay Secy- William
Sweetser Sheriff.

The Governor and Council joined the House in Grand Committee for
the purpose of Making the County Elections, & to Elect the judges of
the Supreme Court, and to fill the vacancy8 of General officers in the
Militia. The Committee adjourned to Wednesday next at the opening
of the House.

A petition signed by Oliver Barret and others praying for Leave to raise
the sum of two thousand & five hundred Dollars by Lottery for the pur-
pose of clearing and improving the Navigation of Connecticut River;
having been refered for several sessions past to the present session & a
Committee appointed to join a Committee of Council, Resolved that Mr-
Safford join said Committee.

A bill from the House was received appointing a Committee to join a
Committee of Council for the purpose of providing a Goal & work house
in some convenient place in this State, to confine State prisoners and
regulating the same — Resolved that Mr Fassett join said Committee.

A petition from a Manufacturing Company praying to be Incorpora-
ted was rec'd, and a Committee appointed to join a Committee of Coun-
cil— Resolved that Mr- Marvin join said Committee.

A petition signed Solomon Simpson in behalf of himself and Euro-
pean Company of Minors [miners,] praying for a Pattent of all the Gold
& Silver Mines in the Stale of Vermont, under certain restrictions and
regulations, having been read in General Assembly and a Committee
appointed to join a Committee of Council, Resolved that Mr- Marvin join
said Committee.

A bill from the House was rec'd appointing a Committee to join a
Committee of Council to provide more effectually for the encouragement
of useful manufactories within this State — Resolved that Mr> Marvin join
said Committee.

Resolved that Mr- Strong join the Committee from the House for the
purpose of arangeing the Militia of this State.

Adjourned to 10 ° Clock Monday next.

46 Governor and Council — October 1793.

Monday 14th October 1793.

Met according to adjournment. Present His Excellency Governor
Chittenden, His honor I> Governor Olcott, and the following members
of the Honble Council viz*- John Fassett Thomas Porter Samuel Safford
John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Eb-
enezer Marvin Paul Brigham Gideon Olin. Joseph Pay Secv- Will-
iam Sweetser Sherriff.

Whereas it is Represented to this Council that thro' mistake or inat-
tention the votes of the freemen of one or more Towns were not
counted by the joint Committees of both Houses, by which means in-
justice has taken place in the Election of a Member of Council, there-
fore Resolved that the General Assembly be requested to join the Gov-
ernor and Council in Grand Committee to take the same under consid-
eration and rectify any mistake which may appear to have taken place.1

xThe Governor and Council joined the House accordingly, when it
appeared that the votes of Duxbury had been excluded by the canvass-
ing committee, on the supposition that the town was not organized; but
it was proved that the town was organized, and that its vote gave Jacob
Bayley one majority over John White. It also appeared that the votes
of Pawlet had not been delivered to the committee, all of which were
for Mr. Bayley. Therefore, at an adjourned meeting of the grand com-
mittee in the afternoon, it was resolved that Jacob Bayley was, and
John White was not, elected Councillor. — See printed Assembly Journal
of 1793, pp. 22-24.

In General Assembly Oct. 14, 1793.

The following Address of the Council of Censors was handed [in] by
Mr. Secretary Hopkins, viz.

Vermont. In Council of Censors, Nov. 29th, 1792.
To the Honorable the Legislature of this State, to be convened in October

next.

This Council, in examining the proceedings of the Legislative and
Executive Departments of this Government, during the last Septenary,
are happy to find no proceedings which we judge unconstitutional; but
with due deference we judge the Legislature have, in some instances,
too hastily and inconsiderately, passed insolvent acts, and acts suspend-
ing the operation of law against particular persons, and acts granting
exclusive rights and privileges to individuals.

We conceive there can be but few instances in this State, where in-
solvent acts or acts suspending the operation of law, ought to be passed;
and that acts granting exclusive privileges to individuals, ought not to be
passed, unless to secure to indviduals the exclusive right to their own
inventions: — And we also judge it inconsistent with the spirit and ge-
nius of a free people, that a man should be adjudged to pay costs in
criminal causes, or cases of delinquency, after an impartial jury of the
country has declared he is not guilty. Therefore, this Council recom-
mend to the Legislature, to repeal the last paragraph of an act passed
March 9th, 1787, entitled An Act regulating the disposal of fines and pen-
alties, and the payment of costs, in cases of delinquencies.

It gives us great pleasure, when we take a retrospective view of the
multiplicity and the intricacies of business, that is brought before the
Legislature, that there are so few instances, where they have erred; —

Governor and Council — October 1793. 47

A petition signed Nehemiah Hopkins praying for relief on account of
the loss of his arm; having been read in General Assembly & a Com-
mittee appointed thereon to join a Committee of Council, Resolved that
Mr Hunt join said Committee.

A Bill from the House was rec'd to Notify the Governor and Council
that they were ready to join in Grand Committee to rectify any mis-
take which might appear to have taken place in the appointment of a Mem-
ber of the Council. — The Governor & Council joined the House accord-
ingly.

Adjourned to 2 ° Clock P. M.

Met according to adjournment.

A petition signed by Benjamin Page, praying to have his fine remit-
ted & to be released from Bennington Goal, was read and ordered to lie
on the Table.

A bill from the House was rec'd appointing a Committee to join a
Committee of Council to revise and propose alterations in the act for
raising thirty Thousand Dollars— Resolved that Messrs- Olin & Strong
join said Committee.

A petition signed by John Hubbard & Joshua Hale praying for the
exclusive right of building a Bridge ever Connecticut river, having been
read in General Assembly and a Committee appointed thereon to join a
Committee of Council, Resolved that Mr Knoulton join said Committee.

The following resolution of the Grand Committee was rec'd and or-
dered to be recorded viz1-

In Grand Committee 14 Octr- 1793.

Whereas it appears upon an inquiry of the Committee appointed to
receive, sort and Count the votes for Counselors for the present year, that
the said Committee, thro' mistake, Omitted counting a number of votes
for Counsillors, which if counted would have given a Majority for Jacob
Bayley in Stead of John White, which Votes ought to have been
Counted, therefore Resolved that Jacob Bayley was duly Elected Coun-
sillor for the State for the present year, and that John White, who was
declared by a Committee to be Elected, was not elected by the freemen
of the State.

The preceding is a true Copy of the [resolution of the] Grand Com-
mittee. Attest, Roswell Hopkins Clerk.

True Copy Examined. Joseph Fay Secy-

A petition Signed Isaac Gage praying for the exclusive right of build-
ing a Temporary floating Bridge over Otter Creek at a place Called
Gage's Ferry, having been read in General Assembly and Committed to
join a Committee of Council — Resolved that Mr- Knoulton join said
Committee.

Adjourned to 9 °Clock Tomorrow.

Windsor 15 October 1793.
Met according to adjournment. Present His Excellency Governor
Chittenden, His honor L* Governor Olcott, and the following Members
of the Houble- Council viz4- John Fassett Thomas Porter Samuel Safford

and are happy to find that wisdom and stability mark the proceedings of
our public bodies; and that this government is daily gaining knowledge
and respectability. By order of the Council,

Samuel Knight, President.
Attest, Roswell Hopkins, Secretary.

48 Governor and Council — October 1793.

John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Eb-
enezer Marvin Paul Brigham Gideon Olin. Jnseph Fay Secy- Wm-
Sweetser Sheriff.

The Governor and Council joined the House in Grand Committee for
the purpose of taking under consideration the propriety of Holding two
Stated Termes of the Supreme Court in each County, and also three
Stated Termes of the County Courts within the respective Counties;
after debating fully on the subject, the Committee adjourned until 2
°Clock on Monday next.

A petition Signed Jonathan Holton praying for Compensation for the
loss of his farm, having been read in General Assembly & Committed to
join a Committee of Council, Resolved that Mr- Olin join the said Com-
mittee.

A petition Signed Benjamin Page prisoner confined in Bennington
Goal praying to be discharged from his fine & cost & Imprisonment,
having been taken under consideration was unanimously agreed to be
dismissed.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

A petition Signed Elnathan Marvin praying for the pavment of .£35
15 for Money8 paid for Armes during the War, having been read in Gen-
eral Assembly & Committed to join a Committee of Council — Resolved
that Mr- SafFord join said Committee.

The petition of the Inhabitents of Fairfax and Selectmen of Sandgate
praying for Lotteries to be Granted, having been read in General As-
sembly and Committed to join a Committee of Council -Resolved that
said petitions be referred to the Lottery Committee.

A petition from a number of Inhabitents in Hanover, also a petition
from the Inhabitents of Norwich & Hartford, & one from the selectmen
in Manchester praying for a Grant of Lotteries for building a bridge
across Connecticut river, & repairing the road across the Green Mount-
ain, having been read in General Assembly and Committed to join a
Committee of Council — Resolved that Mr- Brigham join said Com-
mittee for the purposes therein Mentioned, and make report.

Honble- Jonas Galusha Esqr- appeared in Council & was duly qualified
before the Govr- and took his seat accordingly.

Adjourned to 8 °Clock Tomorow.

Wednesday 16th- October 1793.

Met according to adjournment. Present his Excellency Governor
Chittenden, his honor L* Govr. Olcott and the following members of the
Honble- Council viz*. John Fassett Thomas Porter Samuel Safford John
Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Ebenezer
Marvin Paul Brigham Jonas Galusha & Gideon Olin. Joseph Fay Secy-
Wm- Sweetser Sheriff.

The Governor & Council joined the General Assembly in Grand Com-
mittee agreeable to the order of the day for the purpose of making the
County Elections of Civil officers for the year ensuing which are entered
at Large on the journals of the House — also for the purpose of Electing
Judges of the Supreme Court, & Brigadier Generals of the Militia.—
The Election of Brigadier Generals being postpooned, the ballots being
[taken] for Judges of the Supreme Court, the Hon1- Samuel Knight Esqr-
was declared to be duly Elected chief Judge, & the Honble- Elijah Payne
[Paine] & Isaac Tichenor Esq1"8- was declared to be Elected side Judges.

Resolved that it appears to this Council by the Original enteries of the
Names of the petitioners for the Township of Medway [Mendon] & also

Governor and Council —October 1793. 49

by the original entries of the Names of the persons paying the Granting
fees for said Town & other evidence, that Eleazer Wheelock was an
Original Grantee in said Grant, and that it was by mistake that the Name
of Ebenezer Wheelock was inserted in lieu of Eleazer Wheelock in said
Charter.
Adjourned to 8 °Clock Tomorrow.

Windsor 17th October 1793.

Met according to Adjournment. Present His Excellency Governor
Chittenden, His honor L1- Governor Olcott, and the following members
of the Honble Council vizf- John Fassett Thomas Porter Samuel Safford
John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Eb-
enezer Marvin Paul Brigham Jonas Galusha Gideon Olin. Joseph Fay
Secy- Wm- Sweetser Sheriff.

A petition signed Johnathan Holton praying for Compensation for the
loss of his farm, having been once Committed and the report not ac-
cepted, but recommitted to join a Committee of Council — Resolved that
Mess1-8- Porter & Galusha join said Committee.

Adjourned to 2 °Clock P. M.

Met according to adjournment, and joined the House in Grand Com-
mittee on the petition of Mr Goodrich, praying for Compensation, hav-
ing paid too much Granting fees for the Grant of Pittsfield & Han-
cock; the Committee Resolved to recommend to the House not to Grant
the prayer of the petition.

An act Granting to Nehemiah Hopkins Jur- the sum of £36, in full
Compensation for the loss of his arm, having passed in the General
Assembly was read and Concurred with amendments.

Adjourned to 9 °Clock Tomorrow.

Friday In Council Windsor 18th- October 1793.

Met according to Adjournment. Present His Excellency Governor
Chittenden, His honor L1 Governor Olcott, & the following members
of the Honble- Council viz1- John Fassett Thomas Porter Samuel Saf-
ford John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton
Ebenezer Marvin Paul Brigham Jonas Galusha Gideon Olin. Joseph
Fay Secy- Wm- Sweetser Sheriff.

A bill from the House was rec'd requesting the Governor and Coun-
cil to join the House in Grand Committee for the purpose of Taking
into Consideration the Militia bill; Resolved that the Governor & Coun-
cil join accordingly. — The business being largely discussed in Commit-
tee, they Resolved to recommend to the House to Comply with the
Laws of Congress by releasing all full Colonels, upon which the Com-
mittee adjourned to meet at 2 °Clock P. M. for the purpose of Electing
Brigadier Generals.

Adjourned to 2 °Clock P. M.

Met according to adjournment. The Governor & Council joined the
House in Grand Committee. — The Ballots being taken for Brigadier
General for the first Brigade in the 2d Division, when Col0- Josiah
Wright was declared to be duly Elected, and Eli Cogsell [Cogswell]
Esqr- was declared to be Elected Brigadier General of the 4th Brigade &
Col0- David Whitney was also Elected Brigadier General of the sixth
Brigade. — The Committee then dissolved.

4

50 Governor and Council — October 1793.

A petition signed John Barret and Lewis K. Morris Esquires, praying
for the exclusive right of building a Bridge across Connecticut river
near sd- Barritt's Dwelling house, having been read in the House and
Committed, to join a Committee of Council, Resolved that Mr- Brigham
join said Committee and also to join the Committee on the petition of
Zebina Curtis Praying for like priviledges &c.

The petition of Samuel B. Sheldon having been read in General As-
sembly and Committed to join a Committee of Council, Resolved that
Mr- Oliu join sd Committee.

The petition of Jonathan Parker praying for a Grant of Land adjoin-
ing to Killington [Sherburne,] having been read in General Assembly
& Committed to join a Committee of Council, Resolved that Mr- Wal-
bridge join said Committee.

In Genekal Assembly 18th- October 1793.

Resolved that his Excellency the Governor be requested to appoint
the first Thursday of December next to be Observed as a day of public
Thanksgiving throughout this State and Issue his proclamation accord-
ingly. Attest, R. Whitney Clerk.

An act altering the Name of WildersLurgh to that of Barre having
passed the General Assembly was read and Concurred.

Honble- Jacob Bayley appeared & was duly qualified & Took his seat
accordingly.

An act empowering Joel Doolittle Administrator on the Estate of
John Doolittle Deceased to deed Lands in Certain Cases, having passed
the House was read & Concurred.

A petition Signed Ezra Fellows, and Isaac Gorham, praying for relief on
ace*- of a Resolution of the General Assembly, Obtained in a fraudulent
manner by Noah Smith Esqr- relative to the Grant of Sheffield, having
passed the General Assembly and a request thereon to join in Grand
Committee, Resolved that the Governor & Council join accordingly.

Adjourned to 8 °Clock Tomorrow.

Saturday In Council Windsor 19th October 1793.

Met according to adjournment. Present His Excellency Governor
Chittenden, his honor j> Governor Olcott, and the following members
of the Honb,e- Council viz4- John Fassett Jacob Bayley Thomas Porter
Samuel Safford John Strong Ebenr- Walbridge Jonathan Hunt Luke
Knoulton Ebenr- Marvin Paul Brigham Jonas Galusha Gidn- Olin. Jos.
Fay Secy- Wln- Sweetser Shff.

An Act Granting to Josiah Tilden the sum of six pounds, having
passed the General Assembly was read and Concurred.

An act in addition to Bristol Land Tax having passed the General
Assembly was read & Concurred.

An act in alteration of an act for the purpose of raising £'300 by
Lottery for building a Bridge Over the river Lamoile, having passed in
General Assembly was read & Concurred.

An Act for dividing the Town of Cavendish, and altering one part of it
to the Name of Baltimore, having passed the General Assembly was
read & Concurred.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

An act annexing part of the Town of Tinmouth to the Town of Wal-
lingford, having passed the General Assembly was read and Concurred.

Grovernor and Council — October 1793. 51

The Governor & Council joined the House in Grand Committee on
the petition of Ezra Fellows & Isaac Gorham; the Committee adjourned
to Wednesday Morning next at the Opening of the House.

Adjourned to 9 °Clock Monday Next.

Monday 21> October 1793.

Met according to adjournment. Present his Excellency Governor
Chittenden, His honor IA Governor Olcott, & the following Members
of the Honble- Council, viz4- Jacob Bayley John Fassett Thomas Porter
Samuel Saftbrd John Strong Ebenr- Walbridge Jonathan Hunt Luke
Knoulton Ebenr- Marvin Paul Brigham Jonas Galusha Gideon Olin.
Jos. Fay Secy- Wm- Sweetser Sheriff.

Honb'e- Samuel Mattocks as principle and the Honble- John Strong &
N. Chipman EsqTS- sureties, was recognized before the Governor &
Council in due form of Law in the Sum of Ten thousand pounds L.
money to the Sec^- of State for the faithful performance of his duty in
said office of Treasurer.

An act in addition to & alteration of an act for raising 30,000 Dollars,
having passed the General Assembly was read and Concurred [with
amendments.]

Adjourned to 2 °Clock P. M.

Met according to adjournment.

A bill from the House was rec'd requesting the Governor & Council to
join a Grand Committee for the purpose of Confering on the propriety
of Erecting a State Goal and Work House. Resolved that the Governor
& Council will join accordingly.

An act in alteration of and in addition to an Act for raising 30,000
Dollars being returned from the House non-concurring with amend-
ments proposed by Council, Resolved that the Governor & Council on
Reconsideration rescind from their proposals of amendment & concur
with the General Assembly in passing the Within Act into a Law of
this State.

An act directing the Treasurer to pay the Selectmen of Dummerston
in the County of Windham the sum of £18 13 8 having passed the Gen1-
Assembly was Read & Concurred.

Adjourned to 9 °-Clock Tomorrow.

Tuesday 22d October 1793. ■

Met according to adjournment. Present as yesterday. The Gover-
nor & Council joined the House in Grand Committee agreeable to the
order of the day on the Subject of providing a suitable prison for the
purpose of confining State Criminals and putting them to Labor. '

Resolved that the General Assembly be requested to lay before this
Council official Statements of the Slate of the Treasury, the expenditures
of the State, the Grand List & other resources of Revenue arising to this
State for the Courant Year, for the information of this Council. Copy
sent to the House.

An act repealling a certain Clause in an act for Supporting Foreign-
ers, having [passed] the Council was directed to be sent to the General
Assembly to be passed into a Law of this State.

Adjourned to 2 °Clock P. M.

1 The Committee recommended the appointment of a board to obtain
information as to the best location.

52 Governor and Council — October 1793.

Met according to adjournment.

An act Granting to Jonathan Parker Jur- Esqr- seventeen hundred
acres of Land & appointing a Committee to join a Committee of Council
to assess the Granting fees thereon, read & Concurred, & Mr- Marvin
appointed to join the Committee of the House for assessing the fees.

jjonbie. Brigadier General Bradley Resigned his Command of the
Eighth Brigade of the Militia of the State of Vermont, which was ac-
cordingly accepted.

An act repealling a Certain Clause in an act for providing for the Sup-
port of Foreigners &c. was returned from the House non concurred.

Adjourned to 9 °Clock Tomorrow.

Wednesday 23d October 1793.

Met according to adjournment. Present as Yesterday.

An act empowering Allen Harrington to Sell part of Ephraim Har-
rington's real Estate, having passed the General Assembly was read &
Concurred.

An act repealling part of an act regulating processes in civil Causes
having passed the General Assembly was read & Concurred.

An act empowering the Supreme Court to Grant New Trials, having
passed the General Assembly was read & Concurred.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

A bill from the House was rec'd requesting the Governor & Council
to join the House in Grand Committee to take under Consideration the
petition of Mr- [James] Denison, and others, praying for Compensation
for the loss of Land purchased of the State, whereupon Resolved to join
accordingly.

Adjourned to 9 °Clock Tomorrow.

Wednesday [Thursday] 24 October 1793.

Met according to adjournment. Present His Excellency the Governor
— his honor the L* Governor, & the Members of the Honble Council as
usual — except Mr- Galusha who obtained Leave of Absence last evining.

An Act Granting to Eluathan Marvin £35 11 0 having passed the
General Assembly was read & nonconcured.

An Act Regulating the Election of Governor, T> Governor, Treasurer,
Counsillors and Representatives, having passed the House was read and
Concurred.

An act Granting Ephraim Doolittle Liberty to enter an appeal in a
Certain Cause, read & Concurred with proposals of amendment.

An act Enabling the administrators of Charles Wolcott to sell real
Estate read and Concurred with proposals of amendment.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

A packet was rec'd this day by his Excellency the Governor from the
executive of the Common Wealth of Massachusetts, enclosing a Certain
Letter, the Speach of His Excellency John Hancock Esq1-- at the open-
ing of the Session, and the proceedings of the Legislature on the Sub-
ject of the suibility of the State, by an individual, to answer before the
Court of the United States, which several Letters and papers have [hav-
ing] been read in their Order, Resolved that said Letter & other papers
be communicated to the House Tomorrow Morning at the Opening of
the House.

Governor and Council — October 1793. 53

An act against Counterfitting & passing bills of public Credit, Coins,
Notes &c. read & Concurred. •

An act Granting a Tax of one penny half penny on the acre in Wild-
ersburgh [Barre,] having passed the House was read and Nonconcurred,
for the following reasons viz*- It appears to this Council that two pence
has been already Granted, and that the Town is sufficiently settled to
repair their own roads in the usual way.

An act Granting a Tax of one penny on the acre in Starksboro — Fays-
ton — Buel & Avery8 Gores, read & Concurred.

An Act Granting Leave to Oliver Barrit and Others to raise by Lot-
tery the sura of Two thousand and five hundred Dollars for the purpose
of Clearing and amending the Navigation of Connecticut River having
passed the General Assembly was read and Concurred.

Adjourned to 9 °Clock Tomorrow.

Friday 25th October 1793.

Met according to adjournment. Present His Excellency Governor
Chittenden, his honor I> Governor Olcott, and the following members
of the Honble- Council viz*- Jacob Bayley John Fassett Thomas Porter
Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt Luke
Knoulton Ebenezer Marvin Paul Brigham Gideon Olin. Joseph Fay
Secv- Wm- Sweetser Sherriff.

Having rec'd no business from the House, adjourned to 2 °Clock P. M.
at which time the Governor and Council are to join the General Assem-
bly in Grand Committee to take under consideration the petition of
Isaac Gorham and Ezra Fellows. Having met agreable to assignment
the Committee agreed to the Motion of Mr- [Noah] Smith to postpoon
the Consideration of the petition until Mr- Adams could be Notified— the
time proposed and agreed on is the first Tuesday of the meeting of the
Legislature in October next.

An act for Creditting the Town of Fairlee £5 12 6 read and Concurred.

An act Granting a Tax of 2d pr acre in Sunderland & Stratton read &
Concurred excepting Stratton which was rejected as a proposal of
amendment.

Adjourned Until Tomorrow Morning. \

Saturday— Windsor 26 October 1793.

Met according to adjournment. Present his Excellency Governor
Chittenden, his honor L*- Governor Olcott, and the Members of the
Honble- Council as yesterday.

The Governor & Council joined the House in Grand Committee agree-
able to the order of the day.

An act providing for the distribution of the Laws &c. having passed
in Council was directed to be sent to the Gen1 Assembly to be passed
into a Law of this State.

An act directing the Treasurer to pay unto Elnathan Marvin the
Sum of £35 11 0 being returned from the House without Agreeing to
the amendments of the Council, Resolved that Mr- Olin be requested to

xThe Governor and Council joined the House, when the Governor
presented sundry documents and resolutions from Massachusetts for an
amendment to the constitution of the United States on the liability of
states to suits in federal courts.— See Appendix B.

54 Governor and Council — October 1793.

return the bill to the House & assign the reasons for nonconcurrence
viz*- that that Debt Originated before the existence of the State, therefore
cannot be considered as a regular charge against this Government.1

A petition Signed by James Denison and others Inhabitents of Hart-
land praying for Compensation for Land Bought of the State in which
the title failed, being Committed to join a Committee of Council, Re-
solved that Messrs- Olin & Marvin join said Committee.

An act for raising a Tax of 2d pr-' acre in Sunderland and Stratton was
read having passed the General Assembly, [and] was recommended to
be suspended until the next session of Assembly for further information.2

Adjourned to 2°Clock P. M.

Met according to adjournment.

Lewis R. Morris is Elected Brigadier General in Lieu of Stephen R.
Bradley, resigned.8

An act Granting to Elnathan Marvin £35 11 0 having been returned
to the General Assembly nonconcured, by a Member of Council stating
the reasons for their nonconcurrence, was again sent up by a member
of the House, stating that the House could not recind [recede] from
their Act, the Council Took the Second time under consideration & Re-
solved that the said act be suspended until the next Session of the Legis-
lature in October Next.

An act regulating Election of Governor, L*- Governor &c. read & Con-
curred with amendments.

[Adjourned to Monday morning next.]

Monday Windsor 28 October 1793.

Met according to adjournment. Present His Excellency Gov- Chit-
tenden, his honor L* Governor Olcott and the following members of
the Honble Council viz*- Jacob Bayley John Fassett Thomas Porter Sam-
uuel Safford John Strong Ebenezer Walbridge Jonathan Hunt Luke
Knoulton Ebenezer Marvin Paul Brigham Gideon Olin. Joseph Fay
Secv- Wm- Sweetser Sheriff.

An act for perpetuating Testimony Read and passed the Council &
directed to be sent to the General Assembly to be passed into a £aw of
this State.

Adjourned & met again.

An act for regulating Goals and Goalers read & returned to the House
by Mr- Brigham with proposals of amendment.

JThe reasons given by Mr. Olin were as follows:

That the arms and accoutrements, for which said bill is intended as a
compensation, were furnished by the said Israel, [of whose estate Elnathan
was administrator,] for the use of the continental army, and actually de-
livered in February 1777, which was previous to the organization of this
State as an independent government. — See printed Assembly Journal,
1793, p. 123, where the name of the claimant is Merwin.

The Assembly adhered to its disagreement, and the Council suspended
the bill until the next session.

2 The House concurred, postponing the bill.

3 The election was made in Grand Committee. Col. Elijah Robinson of
Weathersfield was first elected, but he positively declined, when Col.
Morris was elected.

Governor and Council — October 1793. 55

An act Granting a Tax on the Grand List of this State of 2d on the
pound read and Concurred.

An act Granting to Isaac Tichenor Esqr- the sum of six pounds to be
paid by the Treasurer read & Concurred.

An act regulating Goals & Goalers was returned by Mr- Farrand stat-
ing that the House would not agree to the amendments proposed by
Council — ordered to lie until Tomorrow.

Adjourned to 9 °Clock Tomorrow.

Tuesday 29th October 1793.

Met according to adjournment. Present as yesterday.

An act Granting 2don the acre in Sunderland and one penny in Strat-
ton, having passed the General Assembly was read & Concurred.

An act regulating Goals & Goalers being returned from the House by
a Member stating the reasons why the House could not Agree with the
amendments proposed by Council, the Council on reconsideration re-
cinded [receded] from part of their amendments & returned the bill to
the House.

An act regulating the pettit Jurors before the County Court read &
Concurred.

An act directing the Treasurer to Credit the Town of Williston one
pound and ten pence, having passed the House was read & Concurred.

An act for regulating the Militia, having passed the General Assembly
was read & Concurred, with one amendment.

An act for discharging Elisha Peirce from his Credittors having
passed the General Assembly was read and Concurred.

An act regulating the Militia being returned from the House by Mr-
[Jonathan] Robinson staring the reasons why the House could not Con-
cur with the amendments proposed.

Adjourned to 9 "-Clock Tomorrow.

Wednesday 30th October 1793.

Met according to adjournment. Present as yesterday.

Honble- Jonas Galusha returned and joined in Council.

An act regulating Goals and Goalers was returned to the House rec-
ommending to them to refer the further Consideration thereof until the
next Session of the Legislature in October next.

An act dischargeing" William Ward [of Burlington] from his Credit-
tors read and Concurred with proposals of amendment.

An Act Granting a Tax of 2d pr acre in Yershire, read and Concurred.

An act Establishing the New County of Orleans to be one probate
district, read & Concurred with amendments.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

An act empowering the Supreme Court to be a Court of Chancery for
the examination and Trial of the forfeiture of Lands Granted by this
State & by the late Governor of N. Hampshire, having been read in the
House & Committed to join a Committee of Council, Resolved that
Messrs- Olin, Strong, Marvin & Galusha join sd Committee.

Adjourned to 9 °Clock Tomorrow Morning.

56 Governor and Council — October 1793.

Thursday Windsor 31* October 1793.

Met according to adjournment. Present as yesterday.

An act regulating Goals & Goalers being again returned from the
House and Committed, Resolved that M<jssrs- Olin, Marvin aud Kuoulton
join sd Committee.

An act in addition to an act regulating Town Meetings read & Con-
curred.

An act Granting a Tax of one penny pr- acre in Chelsea read and
Concurred.

An act regulating the publishing of Advertisements, having passed
the General Assembly was read & Concurred.

An act impowering John Fassett Esquire to sell the real Estate of
Benoni Grover, having passed the General Assembly was read & Con-
curred, with Amendments.

An act freeing the body of John Stevens from arest in Civil Causes,
and execution for one year, having passed the House was read & Con-
curred.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

An act for Collecting Surveys of the Towns for Making out a Map of
the State having passed the General Assembly was read & concurred.

An [act] Granting a Land Tax of one penny pr [acre] in Shrewsbury
read & Coucurred.

An act Granting a Land Tax of one penny on Each acre of Land in
Stamford read & Concurred.

An act to Suspend prosecution against Edmond Williams, read &
Concurred.

An act Granting a Tax of one penny pr- acre in Walden read & Con-
curred.

An act Granting a Tax of one penny pr- acre in Reedsboro' read &
Concurred.

An act appointing Audittors to settle with the States8 Attorney8 &
County Treasurers having passed the Council was sent to the General
Assembly to be passed into a Law of this State. ■

An act in addition to an act entituled an act to encourage the distroy-
ing of Wolves and Panthers read and Concurred.

An act for Granting a Tax of 2d pr- acre in Sheffield having passed the
House was read and returned to the House with a Recommendation to
suspend it until Next Session on ace*- of the dispute of the tittle.

An act Granting a Tax of one penny half penny pr- acre in Bruns-
wick & Minehead & 2d on Each acre of Land in Lemington read & Con-
curred.

An act discharging Aaron Parmeley from his Credittors read & Con-
curred.

Adjourned to 9 °Clock Tomorrow.

Friday 1* November 1793.

Met according to adjournment. Present His Excellency Governor
Chittenden, his" honor I> Governor Olcott & the following Members of
the Honble Council viz4- Jacob Bayley John Fassett Thomas Porter Sam-
uel Saftbrd John Strong Ebenezer Walbridge Jonathan Hunt Luke
Knoulton Ebenezer Marvin Paul Brigham Jonas Galusha Gideon Olin.
Joseph Fay Secy- Wm- Sweetser Shff.

An Act in addition to an act Incorporating Vergeens read and Con-
curred.

Governor and Council — November 1793. 57

An Act empowering the administrators [administratrix] on the Es-
tate of James Lock Jur- to sell the real Estate, read and Concurred, with
amendments.

An act Granting a Tax of one half penny pr acre in Middlesex read &
Concurred adding a halfpenny.

An act Granting a Tax of one penny pr acre in Rochester read &
Concurred.

An act affixing the Time & place when the Trustees of Athens Gram-
mar School meet, read & Concurred.

An act Granting a Tax of one penny pr acre in Concord read & Con-
curred.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

An act discharging Stephen Keyes from his Creditors read & Concur-
red with this amendment viz4- that the name of Joshua Stanton be inserted
in lieu of Stephen Pearl on ace*- of said Pearls being Sheriff of the
County.

The Honble Gideon Olin Enters his dissent to the passing the act dis-
charging Stephen Keyes from his Debts as being unconstitutional.

An act to Suspend the Opperation of an Act Limiting the Time for
Dividing the County of Windsor read & Concurred.

An Act discharging Luke Coffein from his Debts read & Concurred.

A Letter from General Philip Schuyler was ree'd, requesting this State
to assist in Opening the Lock Navigation from the North River to Lake
Champlain, having been read in General Assembly and Committed to
join a Committee of Council, Resolved that Messrs- Safford & Marvin
join said Committee

An act authorising Jonas Lindon [Lyndon] Arnold to deed Lands as
specified therein, Read & Concurred.

An act in addition to an act regulating Goals & Goalers read & Con-
curred.

An act Suspending a Cause in the Supreme Court viz*- Cephas Smith
against Frazer & Young, read & Concurred.

An act Granting a Tax of one penny pr- acre in Woodbury read &
Concurred.

Adjourned to 8 °Clock Tomorrow.

Saturday 2d Nov- 1793.

Met according to adjournment. Present as Yesterday.

An act regulating the proceedings on petitions [for] Granting Land
Taxes for repairing roads &c. read & Concurred.

An act Granting a Tax of one penny in Peacham— read & Concurred.

An act remitting to the Inhabitents of Alburgh certain Taxes read &
Concurred.

An act Granting a Tax of one halfpenny pr acre on [Middlesex] read
& Concurred.

An act appointing George Gage Collector of a Tax of one penny pr
acre in Johnson read & Concurred.

An act Granting a tax of three farthings pr Acre on the lands in
Eridgewater read & Concurred.

An act Granting a Tax of one penny pr acre in Glover & Barton read
& Concurred.

An act Granting one penny half penny on the acre in Littleton [Wa-
terford,] read and Concurred.

58 Governor and Council — November 1793.

An act to Suspend the Opperation of Law in favour of John Allen
read & Concurred.— [To suspend prosecutions against John Allen, of
Reading.]

An act Granting a Tax of one penny on each acre of Land in Water-
bury read and Concurred.

An [act] Granting a Tax of 2d on the pound in the County of Addison
read & Concurred.

An act Granting a Tax of one penny on each acre of Land in West-
iield & Jay was read & Suspended until next Session of Assembly.

An act in addition to the act for Limitation of actions, read & Con-
curred with an amendment.

An act in addition to an act for the settlement [of] Testate & Intestate
Estates read & Concurred.

Adjourned to 2 °Clock P. M.

Met according to adjournment.

A bill from the House was rec'd appointing Messrs- Sanderson, Crafts
& Spafford to join a Committee of Council to State the Granling fees on
a small Gore of Land between Alburgh & Huntsburgh [Franklin,] Re-
solved that Messrs- Hunt & Walbridge join said Committee.

An act in addition to an act for regulating Militia read & concurred.

An act Granting a Tax of one penny pr acre on al' the lands in Lut-
terloh [Albany,] Irasburgh, Coventry & Dunkensboro [Newport,] read &
Concurred with amendments.

An act directing the Sheriff in Windsor County what Goal to keep in
repair — read & Concurred.

An act in addition to an act empowering Sheriffs & Constables to Com-
mit persons to Goal out of their Counties read & Concurred.

An act Granting a Tax of one penny pr- acre in Philadelphia [part of
Goshen and Chittenden.] read & Concurred.

Adjourned to 8 °-Clock Monday next.

Monday 4th November 1793. *■

Met according to adjournment. Present as yesterday.

An Act in addition to an Act laying a Tax on Panton read & Con-
curred adding Gen1- Strong to the Committee.

An act Granting a Tax of one penny on Westfield read & passed.2

An act Granting the exclusive Right of keeping a Ferry between Col-
chester and South Hero read & concurred.

An act regulating proceedings for Taxes [asked for] by petitions read
& Concurred.

A bill from the House was rec'd appointing Mr- J. Robinson to join a
Committee of Council to fill the blanks in the appropriation bill. — Re-
solved that Mr Galusha Join said Committee.

Resolved that Mr Galusha be directed [to] Call on the Treasurer & re-
ceive the Debenture of Council & rec*- the same.

1 From the printed Assembly Journal, Nov. 4 1793:

Resolved that there be allowed to his Excellency Thomas Chittenden,
Esquire, the sum of eighteen pounds, fifteen shillings, to defray expenses
necessarily incurred on Election day.

2 An amendment to the House bill taxing Westfield and Carthage
alias Jay, excluding Carthage; with which the House concurred.

Governor and Council — November 1793. 59

An act appointing a Committee for fixing on a place for the Sitting of
the Supreme & County Courts in the County of Chittenden read &
Concurred with amendments.

An act making further provisions for the return of writs & executions
to the Supreme Court read & suspended until next Session of As-
sembly.

Resolved that Secretary Fay be directed to Call on Micah Townsend
Esquire late Secretary of State, for tie Records remaining in his hands
relative to the Grants of Lands or Charters Issued, or any" other records
which belong to the Council which remain in his hands, and the
said Micah Townsend is directed to diliver over the said records ac-
cordingly.

An act Granting a New Tryal to Benjamin Smith read & Concurred.

An act for disposing of fines and penalties, read & Recommended to
the House to be suspended until next Session of Assembly.

Resolved that the second Wednesday in April next be Observed as a
day of public fasting & prayer throughout this State.

An Act for paying to William Gallup and others the sum of £385 0 10
read & Concurred.

An Act Making appropriations for the year 1793 read & Concurred.

An act Granting o Ebenezer Marvin Esqr- A Gore of Land read and
Concurred.

Ebenezer Crafts Esquire is Elected Judge of Probate for the district
of Orleans, & Commissioned accordingly.

Debenture of Council for Windsor Session.

L*- Governor Olcott £20 4 8, Jacob Bayley 10 16 8, John Fassett 13,
Thomas Porter 10 15 4, Samuel Safford 12 2, John Strong 12 8 8,
Ebenezer Walbridge 12 2 0, Jonathan Hunt 10 19 4, Ebenezer Marvin
10 15 4, Paul Brigham 9 Id 8, Luke Knoulton 10 14, Jonas Galusha
8 5 4, Gideon Olin 11 15 4, Joseph Fay Secy- 14 14, Wm- Sweetser
Sherriff 7 17 4.— £176. 6. 8.

The End of the October Session for the year 1793.

Joseph Fay Secy-

EIGHTEENTH COUNCIL.

OCTOBER 1794 TO OCTOBER 1795.

Thomas Chittenden, Williston, Governor.
Jonathan Hunt, Vernon, Lieutenant Governor.1

Councillors :

John Fassett, Cambridge,2
Thomas Porter, Tinmouth,3
Samuel Safford, Bennington,
John Strong, Addison,
Eben'r Walbridge, Bennington,
Luke Knoulton, Newfane,
Ebenezer Martin, Franklin.

Paul Brigham, Norwich,
Jonas Galusha, Shaftsbury,
Gideon Olin, Shaftsbury.
John White, Georgia,
Cornelius Lynde, Williamst'wn,4
Elijah Robinson, Weathersfield.5

Joseph Fay, Bennington, Secretary. ? Until Oct. 18 1794, when
John Fay, Bennington, Deputy Sec'y. $ Sec. Fay resigned.
Truman Squier, Manchester, Secretary, from Oct. 18, 1794.
Jonathan Bell, Rutland, Sheriff.

BIOGRAPHICAL NOTICES.

John White, a descendant from a contemporary of William Penn,
was born in Esopus, N. Y. and settled in Arlington some years prior to
1783, as in that year he was appointed Assistant Judge of Bennington
County Court. He held that office until 1787, when he removed to Bur-
lington with an intention of settling in the town of Georgia. Oct. 22
1787 he was appointed Assistant Judge of Chittenden County Court, and
he held that office until 1796, the year 1793 excepted. In 1796 he was

1 Lieut. Gov. Olcott declined a re-election.— See Appendix C. There
having been no election by the people, Mr. Hunt was elected in grand
committee, Oct. 10 1794.

2 Judge Fassett was elected by the people but did not take his seat,

3 Resigned Oct. 29 1794.

4 Elected in grand committee, Oct. 11 1794, vice Hunt "promoted."
5 Elected in grand committee, Oct. 29 1794, vice Porter resigned.

Biographical Notices. 61

appointed to the same office in Franklin County, and reappointed in
1797. His judicial service therefore covered ten years. He was elected
representative of Georgia in the Assembly in 1790, 1794, and 1800; but
in 1794 he was also elected a member of the Council, and he served in
that body. His service in the Council was from 1794 until 1798, and
from 1801 until 1808— eleven years. He was a member of the Council of
Censors in 1792, and 1799; of the Constitutional Convention in 1791, and
1793; and a Presidential Elector in 1808. "He was a man of character
and ability, making up for his want of education by habits of close ob-
servation, and the practice of a sound common sense." — Vt. Hist. Maga-
zine, Vol ii, p. 238; Deming's Catalogue ; and Vermont Legislative
Directory.

Cornelius Lynde, one of the original grantees of the town of Will-
iamstown, was born in Leicester, Mass., Aug. 16, 1751. He served a
regular apprenticeship in the clothier's trade until he was twenty-one;
shortly after entered Harvard College, but on the opening of the revo-
lutionary war he joined the army and served through the war, being a
lieutenant when he was discharged. He then went to Williamstown,
Mass., probably to pursue his studies further, since in 1785 he came to
Williamstown, Vt., and was employed by the proprietors to survey and
allot the land. He was the first town clerk, elected in 1787, and held
that office until 1797. He was town representative from 1791 until 1794,
and was elected for 1794, but was transferred to the Council. He was
Councillor from 1794 until 1799; Judge of Orange County Court from
1793 until 1798; and a delegate in the Constitutional Convention of 1791.
Judge Lynde was associated with Judge Elijah Paine in public enter-
prises, and with him labored for the establishment of the State Univer-
sity at Williamstown, instead of Burlington. Judge Lynde died at
Williamstown in 1836.

Col. Elijah Robinson first appeared in the Vermont records as rep-
resentative for Weathersfield in 1782, which station he filled in 1783, and
from 1792 until Oct. 29 1794, when he was appointed Councillor. To
this office he was elected annually until 1802. In 1783 he was a member
of the Board of War, and in 1786 he served as Lieut. Colonel in sup-
pressing the attempted insurrection in Windsor County. He was judge
of Windsor County Court from 1782 until 1787, again from 1788 until
1801, and Chief Judge in 1802— making nineteen years of judicial ser-
vice. He was also a member of the Council of Censors in 1785. In
1793 he was elected Brigadier General, but refused to accept the office.
— B. H. Hall's Eastern Vermont; Deming's Catalogue ; and Vermont
Legislative Directory. His death was announced in Spooner's Vermont
Journal of Feb. 13 1809 as follows:

Died at Weathersfield, on the 25th ult. universally lamented, the Hon.
Elijah Robinson, Esq. aged 73, an officer of the late revolutionary
army of the United States. Col. Robinson sustained his share in the

62 Biographical Notices.

services of his country in the war of 1755, [and] was one of the number
who in 1759 traversed the then wilderness from Charlestown [N. H.]
to Crown Point. At the commencement of the contest which termina-
ted in the emancipation of these States, he repaired again to the " tented
field," and contributed several years personal services to our freedom
and independence. At the close of the revolution he retired to a wil-
derness to repair a fortune exhausted in the services of his country.
Since his residence in this State he has sustained and discharged sev-
eral important civil offices with honor and integrity — he was moreover a
virtuous, exemplary and religious man. His remains were committed
to the silent tomb on the Saturday following, accompanied by the great-
est concourse of people ever witnessed in this country on a similar
occasion.

Truman Sqtjier, of Manchester, attorney, resigned the Secretary-
ship on the 15th of October 1798, and on the 25th of the same month the
Governor and Council appointed him Judge of Probate for the District
of Manchester, vice " a Mr. Stone [Luther Stone,] who was elected a
Judge of Probate for the District of Manchester the last year and had
declined qualifying as such.'1 Mr. Squier was appointed to the same
office for the year 1798-9; and also State's Attorney for Bennington
County in 1798 and 1799.

Governor "and Council — October 1794. 63

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT RUTLAND,

Oct. 1794.

State of Vermont, Rutland Oct. the 9, A. D. 1794.

At a meeting of the Governor & Council this Day Convened, Present
his Excellency Thomas Chittenden Esqr- Governor, and the following
members of the Hon'ble Council Viz. Samuel Safford Ebenezer Wal-
bridge rJohn Strong Jonathan Hunt Luke Knoulton Paul Brigham Jonas
Galusha. Joseph Fay Seen- John Fay Dv- Secy- Jonathan Bell Sheriff.

Resolved that a Committee of seven to Consist of one member from
each County be appointed to join such Committee as the General As-
sembly shall appoint for the purpose of Receiving, Sorting & Counting
the Votes of the Freemen lor the Governor, Lieu4- Governor, Council
& Treasurer and Declare the several persons who shall appear to be
Duly elected for the year ensuing according to Law, — Members chosen,
Mrss. Walbridge, Strong, Knoulton, Brigham, Safford, Porter & Hunt.

A Bill from the House was received appointing a Committee Consist-
ing of two members from each County to join a Committee of Council
for the receiving, sorting & Counting the Votes of the Freemen for
[officers for] the year ensuing — Resolved that Mrss- Safford, Knoulton,
Brigham & Strong Join said Committee.

Adjourned untill 9 O'clock to morrow. l-

Rutland Oct. the 10 A. D. 1794.
Council met according to adjournment. Present his Excellency
Thomas Chittenden Esqr- Govr- and the following Members of the Hon'ble
Council Viz. Samuel Safford Ebenezer Walbridge John Strong Jonathan
Hunt Luke Knoulton Paul Brigham Jonas Galusha John White. Jo-
seph Fay Secy- John Fay Dp- Secy- Jonathan Bell Sheriff.2

4 From The Farmers' Library of Oct. 21 1794:

On Thursday the 9th Oct. inst. his Excellency the Governor, together
with both branches of the Legislature, met at the State-House in this
town, thence proceeded to the Meeting-House, escorted by a company
of Infantry, where they were entertained by a patriotic and instructive
discourse, by the Rev. Samuel Williams, L. L. D. from the IX Chapt. &
7 — 15th verses of Judges, ornamented with instrumental and vocal
music.

2 The House, on opening the session of Oct. 10, adopted the fol-
lowing:

Resolved, That Mr. Williams [Hon. Samuel, of Rutland,] be requested
to wait on the Rev. Doctor Samuel Williams, [also of Rutland,] and
desire him to officiate as chaplain to the house this morning.

Resolved, That Mr. E. Robinson be requested to wait on his excel-
lency, the Governor and Council, and inform them that the house are
now ready for prayers.

On the same day the House elected Rev. Dr. Williams as chaplain.

64 Governor and Council — October 1794.

The Committee chosen for receiving sorting & counting the Votes of
the Freemen for Gov'r. Lieu*- Gov'1- Treasurer and Councillors for the
State of Vermont for the year ensuing, Keported the following Persons
Duly elected to wit, Thomas Chittenden Esq. Governor, (no choice for
Lieuft- Gov'r>) Samuel Mattocks Esq. Treasurer, And Paul Brigham,
Samuel Safford, Ebenezer Marvin, Jonathan Hunt, Jonas Galusha, Luke
Knoulton, Gideon Olin, John Eassett, Ebenezer Walbridge, John
Strong, Thomas Porter, & John White Esquires Councillors.

The Council adjourned untill 2 o clock in the afternoon.

Met according to adjournment.

A Bill from the House was received and Kead appointing a Committee
consisting of Two members from each County Chosen to join such a
Committee as the Council shall appoint to arrange the Business of the
Present Session.— Members Chosen Me88rs- J. Robinson, Selden, Bridg-
man, Campbell, Williams, Lee, E. Robinson, Buck, Thompson, Linsley,
Cahoon, Lynde, Chittenden and Hatheway. Resolved that Mess'rs Brig-
ham and White Join said Committee for the purposes in said Bill Con-
tained.

The Hon. Ebenezer Marvin Esqr- arrived & took his seat in Council.

The Governor and Council proceeded to the House and Joined in
Grand Committee for the Election of Lieuft. Gov. and Judges of the
Supreme Court, and made choice of the Hon'ble Jonathan Hunt Esq'r
Lieuft. Governor and the Hon'ble Isaac Tichenor Esqr- Chief Judge, the
Hon'ble Elijah Paine first assistant Judge & The Hon'ble Enoch Wood-
bridge Esqr- second side or assistant Judge of the Supreme Court.

The Hon'ble Jonathan Hunt Esqr- prayed to be excused the accept-
ance of his appointment.

Resolved that this Committee adjourn untill the opening of the House
tomorrow morning.

The Council Returned and adjourned to 9 Oclock tomorrow morning.

Saturday October the 11 Day A. D. 1794.

Council Met according to adjournment. Present his Excellency
Thomas Chittenden Esq. Governor & the following members of the
Council Viz. Samuel Saftbrd, John Strong, Ebenezer Walbridge, Jona-
than Hunt, Luke Knoulton, Ebenezer Marvin, Paul Brigham, Jonas
Galusha, John White. Joseph Fay Secy- John Fay Dp- SecP- Jona-
than Bell Sheriff.

Council proceeded to the House to Join in grand Committee accord-
ing to the Adjournment and the Honble Jonathan Hunt Esqr* accepted of
his appointment as Lieuft. Governor and was Duly Qualified to that
Office according to Law.1 '

1 From the printed Assembly Journal of Oct. 11 1794:

His Excellency laid sundry papers before the house: among which
was an act, passed bv the Congress of the United States, at their session
at Philadelphia, requiring a detachment from the militia of this state, to
be held in readiness, as minute men.

Also, the proceedings of the Governor and Council, at Rutland, in
June last, who were convened in consequence of the requirements made
in the aforesaid act.

Also, the correspondence between his Excellency, and the Honorable
Edmund Randolph, Esquire, Secretary of the United States, relative to

Governor and Council — October 1794. 65

Adjourned to 2 Oclock in the afternoon.

Met according to adjournment and again Adjourned untill Monday
next 10 Oclock forenoon.

Monday October the 13 Day A. D. 1794.

Council met according to adjournment. Present His Excellency
Thomas Chittenden Esq'r Governor, His Honor Jonathan Hunt Esq'r
LicuP Governor, And the following members of the Hon'ble Council
Viz. Samuel Safford, John Strong, Ebenezer Walbridg'e, Luke Knoul-
ton, Ebenezer Marvin, Paul Brigham, Jonas Galusha, John White.
Joseph Fay Secv- John Fay DFv Sec ■ Jonathan Bell Sheriff.

A Bill from the House appointin a Committee of one member from
each County to Join such Committee as the Council shall appoint to
receive all Petitions praying for Lotteries, — State facts and make Ex-
port, Members Chosen Mess'1-8 J. Kobinson, Bigelow, Lyon, Gallup,
Thompson, Arnold and Hatheway. Besolved that Gen. Strong Join
said Committee for the purpose therein said Bill mentioned.

The Petition of the Inhabitants of the Town of Dummerston praying
for a Lottery for the Purpose of Building a Bridge over West River in
said Town was Read and a Committee from the House appointed thereon
to Join a Committee from Council — Resolved that Mr- Strong Join said
Committee.

The Petition of the Church & Society of Brandon praying for a Lot-
tery for the Purpose of Building a Meeting House for the Public Wor-
ship of God in said Town was Read and a Committee of the House
appointed thereon to Join a Committee of Council — Resolved that Mr-
Strong Join said Committee.

The Council receiving a Messuage from the House requesting them to
Join in Grand Committee for the Purpose of Nominating a Senator to
Congress — Resolved that this Council proceed to the House accord-
ingly.

In Grand Committee.

Roswell Hopkins Esq. appointed Clerk. Resolved that this Day after-
noon be assigned for the nominations of County Officers. Resolved that
tomorrow morning be assigned at the Opening of the House for the
nomination of a Senator to Congress. Grand Committee adjourned till
to morrow 10 Oclock forenoon.

The Hon'ble Cornelius Lynde Esq1* Chosen Councillor in stead of his

certain complaints made by Mr. Hammond, the British Minister; to-
gether with sundry affidavits relating to the subject of those complaints.

And, also, a letter from the Honorable Stephen R. Bradley, Esquire,
one of the Senators of this state, in the Senate of the United States,
inclosing an extract from the Journal of the Senate of the 7th of No-
vember, 1791; by which his seat in the Senate will become vacant on
the 4th of March, 1795.

Which were read. And, on motion, Ordered, That they lie on the
table.

In drawing for his class, Senator Bradley drew the term of four years.

The proceedings of the special session of the Governor and Council,
June 1794, were never recorded; but their resolutions, and orders of the
Governor on military matters, were printed in the Vermont newspapers
of that period. For these see Appendix F; and for complaints of Brit-
ish minister, &c. see Appendix E.
5

66 Governor and Council — October 1794.

Honor Jonathan Hunt Esqr- Promoted.1 The Honble Cornelius Lynde
Esqr. Came forward [and] after being Duly Qualified took his seat in
Council.

The Petition of Sundry Inhabitants [of different towns in Windsor
county] praying for a Lottery for the Purpose of making a Road from
Chester to Rutland, was Read and refered by the House to the Lottery
Committee. Resolved that it be refered to said Committee.

The Petition of the Inhabitants of the Town of Salsbury, praying that
their Jurisdictional Priviledges might extend to the Limits as Described
in their Charter, was Read and by the House was refered to Messrs-
Bridgman, J. Robinson, Spooner, Davis, & Harvey to Join a Committee
from Council, State facts and make Report. Resolved that Mr- Brigham
Join said Committee for that purpose.

Adjourned to 2 Oclock afternoon.

Met according to adjournment.

The Hon'ble Thomas Porter Esqr- arrived & took his seat in Council.

Adjourned till 9 Oclock tomorrow morning.

Tuesday the 14 Day of Oct. A. D. 1794.

Council Met according to adjournment. Present His Excellency
Thomas Chittenden Esqr. Governor, His Honor Jonathan Hunt Esqr.
Lieuf*- Governor, And the following Members of the Hon'ble Council
Viz. Thomas Porter, Samuel Safford, John Strong, Ebenezer Walbridge,
Luke Knoulton, Ebenezer Marvin, Paul Brigham, Jonas Galusha, John
White, Cornelius Lynde. Joseph Fay Secv- John Fay Dp- Secy- Jona-
than Bell Sheriff.

The Ballots being taken for the person to be in nomination to Repre-
sent this State in the Congress [Senate] of the United States, when the
Hon'ble Elijah Paine Esq1"- was Duly nominated by a Majority of Votes
and Declared accordingly.

A Messuage from the House by Mr Jacob, Requesting the Council to
Join in Grand Committee for the purpose of nominating [completing
the election of] a Senator to Congress. Return made that the Council
was not then ready.

Afterwards the Council proceeded to the House and Joined in Grand
Committee — when the Hon'blc Elijah Paine Esqr- was Declared to be
Duly nominated [elected] to Represent this State in the Congress of the
United States.2

Resolved that this Committee proceed upon the Business of the
County Elections, and proceeded accordingly.

Adjourned till 2 Oclock afternoon.

Met according to adjournment, and proceeded to the House and Joined
in Grand Committee according to adjournment and proceeded to Com-
plete the Business of the County Elections.

On motion, Nominated & appointed James Whitelaw Esqr- Surveyor
General for the year ensuing.

Committee adjourned till 9 Oclock to Morrow Morning.

Roswell Hopkins Clerk.
In Council.

A Bill from the House appointing a Committee of one member from
each County to Join such a Committee as the Council shall appoint to
receive and take under Consideration all Petitions praying for new

1 Mr. Lynde was elected by the Grand Committee on the 11th.
8 See Appendix C.

Governor and Council — October 1794. 67

Trials between party and party, state facts and make Report — Members
Chosen Mess'r8 Todd, Henr}^, Lee, E. Robinson, Linsley, Arnold & E.
Sheldon; Resolved that Mr- Strong Join said Committee for the Pur-
poses in the said Bill mentioned, to State facts and make Report.

The Petition of Sundry Inhabitants in Different Towns in Windsor
County praying for a Lottery for the Purpose of making a Road from
White River thro' Bridgewater was Read and by the House refered to
the Lottery Committee. Resolved that it be refered to the Lottery
Committee.

The Petition of the Inhabitants of Wells Complaining that by reason
of a Certain Mill Dam erected at the Lower end of Wells Pond by
Elkanah Cobb and Simeon Francis s^eat sickness and Deaths had Vis-
ited the Inhabitants of Wells and thereof [therefore] praying that the
said Dam might be Demolished or some remedy to be Provided, was
Read and Refered to Mess'rs E. Robinson, Harvey, Campbell, Wright,
Hammond, Thompson & J. Spafford as a Committee to join a Committee
from Council, State facts and make Report. Resolved that Mr- Marvin
Join the said Committee to State facts and make Report.

The Petition of Timothy Miles of Randolph setting forth that he had
been a great sufferer in the Last War by the Depreciation of Paper
Money and Captivity and that one James Blodgett in his behalf had
given his note for the granting fees of a Right or Share of Land in said
Randolph which had been put in suit and a Recovery thereon had and
thereof praying to be releived by a Discharge of said Blodgett from said
Recovery — was read and Messrs- Selden, Bigelow, Lee, Stephens [Elias
Stevens,] Hide, Harvey and Brownson, appointed a Committee to Join
a Committee of Council to State facts &c. and make Report. Resolved
that Mr- White Join the said Committee to State facts &c. and make
Report.

The Petition of William Evens [Evans,] praying to be favoured and
releived from a Recovery had and Obtained against him on a note of
hand given for granting fees of a Right in Randolph he having suffered
greatly by Indians &c. in the Last War [was] Read and by the House
refered to the Committee [on the petition] of Timothy Miles. Resolved
that it be refer'ed to the Committee appointed on the Petition of Timothy
Miles.

The Petition of Joseph Baker praying that an Award before Samuel
Lane and John White Esquires in favour of Jacob Davis made against
him and affirmed and accepted by the County Court of the County of
Orange, might be set aside and he the said Joseph restored to his Law
for Cause that Two of the Persons of the three appointed to the Refer-
ence had undertaken on the Refusal of the third to make up the award
and in that undue respect was had to evidence [which ought] not to
have been admitted — Read and by the House refered to the Committee
on all Petitions praying for new trials between party and party. Re-
solved that it be so refer'ed.

The Petition of Lemuel White praying for a new trial of a Cause re-
covered against him by John Lovel for that new evidence had since been
Discovered to Vary the Determination of the Cause. Read and by the
House referred to the Committee appointed to receive all Petitions pray-
ing for new Trials between party and party. Resolved that it be referred
accordingly.

The Petition of Zadoc Steel of Randolph setting forth that he had
been a great sufferer in the Last War By reason whereof he had been
unable & prevented the taking up of a Certain note which one James
Steel had given in his behalf for the granting fee of a Right of Land in
said Randolph, which note had been sued and a Recovery had thereon,

68 Governor and Council — October 1794.

praying to be releived of the same. Read and by the House Referred
to the Committee appointed on the Petition [of] Timothy Miles. Re-
solved that Mr White Join the above Committee.

The Petition of the Inhabitants of Alburgh praying for new Trials of
two Ejectment Causes recovered against them by Ira Allen Esqr- and
John Knickerbacor Esqr; in behalf of the Proprietors of Alburgh. Read
and by the House referred to the Committee appointed to Receive and
take under Consideration all Petitions between party and party. Re-
solved that Mr Strong Join said Committee.

The Petition of Sundry Towns praying for a Lottery for the purpose
of making a Road from Basset's Meeting House in Chester to Rutland.
Road and by the House referred to the Lottery Committee. Resolved
that Mr- Safford in Lieu of Mr- Strong Join the above Committee.

The Petition of Ahimaaz Sherwin a Prisoner in the Common Goal in
Woodstock, praying to be releived and released from a Certain fine of
fifty pounds inflicted on him by the Supreme Court on his Conviction of
having assisted Elihu Mather to make his escape from the Goal in said
Woodstock. Read & Resolved that the fine be remitted and that the
said Ahimaaz be released of the same.

Council Adjourned till 9 O'clock to Morrow Morning.

Rutland Oct. the 15 Day A. D. 1794.

Council Met according to adjournment. Present His Excellency
Thomas Chittenden Esq'r Gov. His Honor Jonathan Hunt Esqr- Lieut*1-
Gov. — And the following Members of the Hon'ble Council Viz. Thomas
Porter, Samuel Safford, John Strong, Ebenezer Walbridge, Luke Knoul-
ton, Ebenezer Marvin, Paul Brigham, Jonas Galusha, John White, &
Cornelius Lynde. Joseph Fay Secy- John Fay Dp- tfec- Jonathan
Bell Sheriff.

Council proceeded to the House and Joined in Grand Committee ac-
cording to adjournment and made Choice of Lott Hall Esqr- Assistant
Judge of the Supreme Court.

Grand Committee Dissolved. Roswell Hopkins Clerk.

The Petition of Samuel Sheldon of Hungerford alias Sheldon setting
forth that he had built a Gristmill and Sawmill on Black Creek in said
Sheldon and that the Dam had flowed more Ground than was expected
By reason whereof he was threatened with several prosecutions and
thereof praying to be releived by the appointment of the Judges of the
Supreme Court or their Successors in Office to assess the Damages
Done. Read & Referred to Mess'rs P. Wright, Silas Akin, Morey, and
Spooner to Join a Committee of Council. Resolved that Mr- Lynde join
the above Committee.

The Petition of the Inhabitants of Castleton & adjacent Towns for the
removal of a Dam in said Castleton which proved injurious to the
Plealths of the Inhabitants. Read and by the House referred to Mess'ss
P. Wright, Silas Akin, Morey, & Spooner to join a Committee from
Council, State facts and make Report. Resolved that Mr Lynde Join
the said Committee.

The Petition of Elisha Baker and others praying the establishment of
the Jurisdictional Line between Sudbury and Whiting. Read and by
the House referred to the Committee appointed on the Petition of Sals-
bury and Leicester. Resolved that Mr- Brigham join the above Com-
mittee.

The Petition of Francis Culver, Zadoc Remington and others praying
to be secured against further prosecutions at Law by Josiah Brush of
Castleton by reason of the Petitioners Mill Dam in said CastletDii over-

Governor and Council — October 1794. 69

flowing his Land and that Commissioners might be appointed to assess
the Damages Done by the overflowing of said Dam. Read and by the
House referred to Mess'rs P. Wright, Silas Akins, Gen. Morey, & Mr-
Spooner to Join a Committee of Council, State facts and make Report.
Resolved that Mr Lynde Join the said Committee.

The Petition of the Inhabitants of the Town of Stockbridge praying
for a Lottery for the Purpose of Building a Bridge over White River.
Read and by the House referred to the Lotteiy Committee. Resolved
that Mr- Saffbrd Join the above Committee. Resolved that M> Strong
be released from the Lottery Committee agreable to his request and
that Mr Saffbrd be appointed in his stead.

A Bill from the House (as follows) that the tenth Article in the
arrangement of the Business of the Present Session Yiz. that some
effectual measures be taken to Direct the selectmen to take actual Pos-
session of the Glebe and Propagation Rights in the several Towns in
this State, be referred to a Committee consisting of one member from
each County to join such a Committee as the Council shall appoint.
Members Chosen Mess'rs Bradley, Whitney, Williams, Gallup, Linsley,
W. Chamberlin [Wm. Chamberlain,] & Coit. Resolved that Mr Galusha
Join the said Committee.

A Bill from the House that the sixth Article in the arangement of the
Business of the present Session Viz. that some amendments & altera-
tions be made to the act regulating the Militia & that effectual measures
be taken to arm & Equip the same, be referred to a Committee Consist-
ing of one member from each County to Join such Committee as the
Council shall appoint. Members Chosen Messrs- J. Wright, Campbell,
A. Spaffbrd, E. Robinson, Marshal Smith, W. Chamberlin, & J. Spaffbrd.
Resolved that Mr- Brigham Join the said Committee.

The Petition of Timothy Wood of Townshend in the County of Wind-
ham praying for a new Trial of a Cause which Joseph Tyler Esq'r has
recovered agrinst him l'or cutting and felling his apple Trees, Stating
that new evidence had since the Recovery been Discovered. Read &
by the House referred to the Committee appointed to Receive & take
under Consideration all Petitions praying for new Trials between
Party & Party, State facts and make report. Resolved that Mr Strong
Join the said Committee.

The Petition of John Hills of Charlotte praying for a new Trial of a
Cause which John Frazer had recovered against him Stating that he had
been Defaulted without any Opportunity of making Defence. Read and
by the House Referred to the Committee appointed to receive & take
under Consideration all Petitions praying for new Trials between Party
& Party. Resolved that Mr Strong Join the above said Committee.

The Petition of Seth Putnar [Putnam] & Others praying for a
Lottery for the Purpose of Building Two Bridges acrost Onion River
near the Hogg-Back Mountain in Middlesex & Waterbury in the County
of Chittenden. Read & Referred [by the House] to the Lottery Com-
mittee to State facts & make Report. Resolved that Mr Saffbrd Join the
said Committee.

Adjourned to 2 Oclock in the afternoon.

Met according to adjournment.

A Bill from the House requesting a Copy of M'r Elijah Paine'8 Letter
to his Excellency Resigning his Office as Judge of the Supreme Court
& accepting that of Senator. — Resolved that a Copy be sent.1

[Adjourned until to morrow morning.]

^he letter had been read in Grand Committee, preceding the election
of Judge Hall, which had been recorded in the journal of the Council.

70 Governor and Council — October 1794.

Rutland Oct. the 16 Day A. D. 1794.

Council met according to adjournment. Present his Excellency
Thomas Chittenden Esq'r Gov'1' His Honor Jonathan Hunt LieuP Gov'er'
And the following members of the Hon'ble Council Viz. Thomas Porter,
Samuel Safford, John Strong, Ebenezer Walbridge, Luke Knoulton, Eb-
enezer Marvin, Paul Brigham, Jonas Galusha, John White & Cornelius
Lynde. Joseph Fay Secy- John Fay Dp- Secv- Jonathan Bell Sheriff.

A Bill from the House requesting his Excellency the Gov'r & Council
to Join the House of Representatives at the Opening of the House on
[this] Thursday morning next to take under Consideration the Petition
of John Roberts and Christopher Roberts. Resolved to Join the House
in Grand Committee for that Purpose and proceeded & Joined the House
accordingly.1

The petition of the Selectmen of the Town of Sandgate praying for a
Lottery to raise five hundred Dollars for the Purpose of making a Road
from Sandgate across the mountain to Manchester or Dorset Was read
and by the House referred to the Lottery Committee. Resolved that
Mr- Safford Join the said Committee.

A Bill from the House requesting his Excellency the Governor to ap-
point the first Thursday of Deem'1" next to be Observed as a Day of
Public Thanksgiving & Praise. His Excellency the Governor by the
advice of Council hath therefore thought fit to appoint the first Thurs-
day of December next to be observed as a Day of Public Thanksgiving
and Praise throughout this State.

Adjourned till 9 Oclock to morrow morning.

Friday Oct. 17 Day A. D. 1794.
Met according to adjournment. Present his Excellency Thomas
Chittenden Esq'r Gov, his Honor Jonathan Hunt Esqr Lieuf*- Gov, And

Perhaps the House subsequently asked for a copy to be entered and
printed in its journal, but there is no record of such a request in the
journal of the House.

1 The petitioners stated that, in 1775 and 1776, James French, then of
Manchester, was indebted to them in the sum of sixty pounds, which
remained unpaid; that French "absconded, and joined the enemies of
the United States," and his real and personal estate was confiscated to
the use of Vermont; wherefore they prayed that they might receive
from the State a just proportion, with other creditors, of French's estate.
There were several cases of the kind, and this seems to have been made
a test. After " a discussion on the subject of the petition upon general
principles," on motion of Hon. Daniel Buck, who was then Speaker of
the House, the Grand Committee resolved to recommend to the legisla-
ture not to make provision for the payment of the debts of any person
whose property had been confiscated in consequence of their treasonable
conduct. The House concurred, and the petitioners had leave to with-
draw.

Gov. Chittenden then delivered to the Grand Committee a letter from
the Hon. Samuel Knight, on retiring from the office of Chief Justice of
the Supreme Court, for which see Appendix C.

Governor and Council —October 1794. 71

the following Members of the Hon'ble Council Viz. Thomas Porter,
Samuel Safford, John Strong, Ebenezer Walbridge, Luke Knoulton,
Ebenezer Marvin, Paul Brigham, Jonas Galusha, John White, and Cor-
nelius Lynde. John Fay Dp- [Sec.'] and Jonathan Bell Sheriff.

The Hou,blc Gideon Olin Esq'r arrived and being Duly Qualified took
his seat in Council.

The Petition of the Selectmen of Manchester praying for a Lottery
for the Purpose of repairing the Road which crosses the mountain from
Manchester to Chester, entered Last Session and Laid over to the Pres-
ent. Read aud by the House referred to the Lottery Committee. Re-
solved that Mr- Safford Join the said Committee.

An act incorporating certain Physicians into a Society by the name of
the Windham Medicaf Society. [Accepted] by the General Assembly
& Directed to be ingrossed, sent to the Governor & Council for Revision
and Concurrence or Proposals of Amendment. l Read and Ordered to
Lie.

The Petition of Thomas Burrell a Prisoner in the County Goal at
Bennington in the County of Bennington Committed for the payment
of a fine on Conviction of Horse Stealing, praying a Remission of his
fine. Read and Ordered to Lie.

Adjourned untill 2 Oclock P. M.

Met according to adjournment.

[Here occurs a blank page on the record of the Council.]

The Petition of William Howe & Others setting forth that Amos Tute
late of Hinsdale [Vernon] deceased had made his Last Will and Testa-
ment which was presented to the Judge of Probate for the District of
Marlboro" for Probate thereupon whose Decree was that said Will and
Testament ought not to be approved from which sentence an appeal was
prayed to the next Supreme Court, that the Appeal by the Executors
was neglected to be carried up & that the Judge has refused granting
any further audit thereon — therefore praying that the Supreme Court
might yet nevertheless be empowered to take Cognizance of said ap-
peal. Read and by the House referred to Mess'rs Williams, Perry &
Thompson to Join a Committee from Council, State facts & make Re-
port. Resolved that Mr- Olin Join the said Committee.

The Petition of Abel Aylesworth and Zadoc Hard of Arlington in the
County of Bennington praying to be releived from a Judgment Recov-
ered against their sureties of £310 by reason of the Principals breaking
Goal committed on Judg1* recovered on Recognizance for the appear-
ance of one Israel Burritt. Read and by the House Referred to M'r
Lee, Stevens, Campbell, Marvin, & E. Robinson, to Join a Committee
of Council, State facts & make Report. Resolved that Mr Brigham Join
the above Committee.

The Petition of Thomas Burrell taken up and Resolved that his fine
shall not be remitted.

[Adjourned till to morrow morning.]

Rutland Oct. the 18 Day A. D. 1794.
[Met pursuant to adjournment]

Col. Joseph Fay having resigned his Office of Secretary to the Gov. &
Council, [his resignation] was accepted & His Excellency the Gov. was

1 This is the first entry in the Council journal of an order of the
House to engross a bill, though Thomas Tolman had been engrossing
clerk from Oct. 15 1792.

72 Governor and Council — October 1794.

Pleased to Appoint Truman Squier Esq'r to the Office of Secretary to
the Gov. & Council for the year ensuing — who appeared & was Duly
Qualified to that Office.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

Adjourned untill Monday the 20 Day at 10 Oclock in the forenoon.

Rutland Oct. the 20 Day A. D. 1794.

Met according to adjournment, his Excellency Thomas Chittenden
Esq'r Gov, his Honor Jonathan Hunt Esq'r Lieuff- Gov, Present & the
following Members of the Hon'ble Council Viz. Thomas Porter, Samuel
SafFord, John Strong, Ebenezer Walbridge, Luke Knoulton, Ebenezer
Marvin, Paul Brigham, Jonas Galusha, Gideon Olin, John White & Cor-
nelius Lynde. Truman Squier Secv- Jonathan Bell Sheriff.

An act Directing the Treasurer to Discharge an execution in behalf
of this State against William Evans having passed the House, Read and
Concurred.

An act restoring Enoch Bean to his Law having passed the House,
Read & Concurred.

An act for repealing the providing Clause of an act entitled an act
Appointing Commissioners to assertain the Boundary Line between the
State of Newhampshire & this State passed the 6 Day of November A.
D. 1792, having passed the House, Read & Concurred.

An act Directing the Treasurer of this State to pay to the Selectmen
of Dummerston in the County of Windham the sum of Twelve pounds
seven shillings & four pence having passed the House, Read & Con-
curred.

An act Directing the Treasurer of this State to Credit the Town of
Randolph the sum of Two pounds seven shillings having passed the
House, Read & Concurred.

An act ratifying the Division of the Town of Wilmington by & be-
tween the Proprietors thereof having passed the House, Read & Con-
curred.

An act to Discharge Isaac Gage from an Execution in a Certain Case
therein mentioned having passed the House, Read & Concurred.

An act in addition to an act entitled an act granting a Tax of Two
pence on each acre of Land in the Township of Sunderland in the
County of Bennington & one penny on each Acre of Land in the Town
of Stratton in the County of Windham having passed the House, Read
& Concurred.

An act Directing the Treasurer to pay to Thomas Smith the Legal
Bounty for Killing A Grown Wolf having passed the House, Read and
Concurred.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

The Petition of Alexander Plumley, Joseph Carpenter, William Cur-
tis & John Bacon praying that the Line between the Towns of Randolph
& Bethel shall be so settled that they shall not be Obliged to pay Taxes
in both Towns being Read in the House was referred to Mess'rs Todd,
Town, Sherman, Stephens [E. Stevens,] & Peckham, to Join a Commit-
tee from Council. Resolved that the Hon. Gideon Olin Join said Com-
mittee.

The Petition of Alexander Plumley praying that the Lines between
the Towns of Randolph & Bethel may be made Public, & Stay execu-
tion already obtained against him in Defending the said Lines &c.

Governor and Council — October 1794. 73

Read in the House and Referred to the above Committee Last named —
Resolved that Mr- Olin Join said Committee.

On request of the House to the Governor & Council to Join in Grand
committee, Resolved to Join Accordingly and proceeded to the House
& Joined Accordingly for the Purpose of Electing a Brigadier General
in Room of Gen. Morey Resigned.1

An act incorporating Certain Physicians therein named into a Society
by the name of the Windham Medical Society having passed the House,
Read in Council and Returned to the House with Proposals of amend-
ment.

Adjourned untill 9 Oclock to morrow morning.

Rutland Tuesday the 21 Day A. D. 1794.

Met according to adjournment. Present his Excellency the Governor
& his Honor the Lieufn Governor & the Honble Council.

The Petition of a number of Inhabitants of the South & North Heroes,
Isle of Mott & Alburgh praying that a new County may be erected In-
cluding all the Islands West of the Channel & Lying in Lake Cham-
plain North of Colchester point, being Read in the House was Referred
to Messrs- Wright, Sanderson, Williams, E. Robinson, M. Bradley, Ar-
nold, & Bostwick to Join a Committee from Council. Resolved that
[Lieut.] Gov. Hunt Join the said Committee.

An act Directing the Treasurer to pay John Simons [Simonds] Jun.
the sum of two pounds five shillings having passed the House, Read &
Concurred.

An act to free the Body of Isaiah Parmeter from arrests in civil
Causes having passed the House, Read & Concurred.

An act empowering an administrator on the Estate of Eliab Stone
Deceased to Deed Land in Certain Cases having [passed] the House,
Read & Concurred.

An act Directing the Treasurer of this State to pay to the Selectmen of
Milton sixteen pounds nineteen shillings having passed the House, Read
& Concurred.

A act granting a Tax of one penny on each acre of Land in the Town
of Cabot in the County of Orange for the Purposes therein contained
having passed the House, Read & Concurred.

An act granting a Tax of one penny on each acre of Land in the
Township of Killington [ Sherburne ] for the Purposes therein Con-
tained having passed the House, Read & Concurred.

The Petition of Thomas Butterfield in behalf of the Inhabitants of the
Town of Swanton praying for a Lottery to raise three hundred pounds
for the Purpose of Building a Bridge over the River Missisque in Swanton
being Read in the House & Referred to the Lottery Committee, Re-
solved that the Lottery Committee from Council Join the aforesaid Com-
mittee from the House.

The Petition of Eleazer Wheelock praying for a grant of Land ad-
joining the east part of Rutland &c. being Read in the House & Refer-
red to the Committee appointed on the Petition of Gideon Olin, Samuel
Williams & others, Resolved that Judge Knoulton join the above Com-
mittee.

The Petition of Gideon Olin, Samuel Williams & Jonathan Parker
Jun. praying the Legislature to grant them a Gore of Land Lyino- and
being between Goshen, Hancock, Phylidelphia [parts of Goshen and

1 See Apendix C.

74 Governor and Council — October 1794.

Chittenden,] & Leicester, being Read in the House & Referred to Mess'1"8
Coir, I. Allen & W. Chamberlain to Join a Committee from Council,
Resolved that Judge Knoulton Join the above Committee.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

An act Discharging James Steel & James Blodgctt from the payment
of Two notes of hand therein mentioned having passed the House, Read
& Concurred.

An act in addition to an act suspending the Operation of an act Lim-
iting the act Dividing the County of Windsor into half Shires having
passed the House, Read and Concurred.

An act granting a Tax of one penny on each acre of land in the Town
of Stockbridge in the County of Windsor for the Purpose therein men-
tioned having passed the House, Read & Concurred.

A Demand from his Excellency Samuel Adams Esq'r Governor &
Commander in Cheif in & over the State of Massichusetts, under his
hand & the seal of said State, Dated the first Day of January A. D.
1794, to his Excellency Thomas Chittenden Esqr- to Issue his Warrant
against one Nathaniel Welch Jun. Late of Pittsfield in the County of
Berkshire & Commonwealth of Massichusetts, now an Inhabitant of the
Town of Benson in the County of Rutland, & Deliver him over into the
hands of the high Sheriff of the County of said Berkshire as a fugitive
from Justice, which was Read & all the Records thereunto annexed;
the Question being put whether his Excellency the Governor should
Issue his Warrant accordingly & it passad in the negative for the follow-
ing Reason — Viz. the said Nathaniel being an Inhabitant of this State
before the adoption of the Constitution of the United States & that he
had not fled from any Court of Justice in the State of Massichusetts
since said Constitution of the United States was adopted. '

Adjourned untill 9 Oclock to morrow morning.

Rutland Oct. the 22 Day A. D. 1794.

Met according to adjournment.

An act empowering the Town of Brattleborough in the County of
Windham as Devisees in the Last Will & Testament of Amos Tute Late
of Hinsdale [Vernon] in said County to enter and prosecute Certain ap-
peal therein mentioned, having passed the House, Read and Concurred.

An act giving an exclusive Right to Periz Gallop [Perez Gallup] to
Lock the Water Queche falls [on Connecticut river] &c. having passed
the House was Read and sent back to the House with proposals of
Amendments.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

Thursday the 23 Day [of Oct.] A. D. 1794.2

Met according to adjournment]

A Bill brought in for Defining the Powers of the Supreme & County
Courts within this State having been Read in the House & Referred to J.

1 See Appendix G.

2 No record of proceedings and adjournment on the afternoon of the
preceding day is entered in the journal of the Council; nor any minute
of proceedings in Grand Committee on the 21st and 23d, on the rights of

Governor and Council — October 1794. 75

Wright, Bridgman, Lee, Gallop, J. Davis, Harrison, and Woodbridge to
Join a Committee from Council, Resolved that Judge Marvin and Esqr
Galusha Join the above Committee.
Adjourned untill 2 Oclock P. M.

Met according to adjournment.

An act Limiting the Powers of the Supreme and County Courts in
granting new Trials, having passed the House, Read & Ordered to Lie.

An act Directing the Treasurer of this State to Credit the Town of
Putney the sum of Two pounds & nine pence having passed the House,
Read and Concurred.

The Petition of Eliakim Spooner pray[ing] for a Compensation for the
Loss of a Certain fifty acre Lot of Land Purchased under this State the
Title not being Yalid having been Read in the House was Referred to
Mess'rs Thompson, Harrington, & Harvey, to Join a Committee from
Council, Resolved that Judge White Join the aforesaid Committee.

Fjriday October the 24 Day Anno Domini 1794.

Met according to adjournment.

An act for the Punishment of Theft having passed the House, Read
and Ordered to Lie.

An act in alteration & amendment of an act for the Prevention & Pun-
ishment of Frauds & Perjuries having passed the House, Read & ordered
to Lie untill the afternoon.

The Resolution of the third Congress at their first Session begun &
held at the City of Phylidelphia by two thirds of its members proposing
to the Legislatures of the several States the following Article of Amend-
ment to the Constitution of the United States of America, Viz.

" The Judicial Power of the United States shall not be Construed to
" extend to any suit in Law or Equity commenced or prosecuted against
"one of the United States by Citizens of another State or by Citizens or
•'subjects of any foreign State." — Read and Ordered to Lie.1

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

An act granting a Tax of one penny on each acre of Land in Walden
Gore for the purposes therein mentioned having [passed] the House,
Read and Concurred.

An act granting a new Trial to John Hills having passed the House,
Read and Concurred.

The act Limiting the Powers of the Supreme & County Courts in
granting new Trials was taken up agreeable to the Order of the Day and
Ordered to further Lie untill to morrow forenoon.

Adjourned untill to morrow morning 9 Oclock.

land granted by Great Britain to the Society for the Propagation of the
Gospel in foreign parts— the decision being that the State should appro-
priate these lands for the support of schools. Oct. 29th the bill for this
purpose was passed by the House, yeas 100, nays 15. Another bill
devoted the church glebes to religious purposes, and both bills became
acts. — See The Documentary History of the Protestant Episcopal Church
in Vermont for a history of this matter.

1 This amendment was ratified by Vermont. — See Appendix B.

76 Governor and Council — October 1794.

Saturday Oct. the 25 Day A. D. 1794.

Met according to adjournment.

The act Limiting the Powers of the Supreme & County Courts in
granting new Trials was taken up agreable to the Order of the Day.
Read and Concurred.

The Resolution of the House appointing a Committee of five to Join
a Committee from Council to prepare and Report a Bill to make ade-
quate Compensation to this State's Quota of 80,000 Militia, Ordered by
Congress to be held in readiness upon any emergency, in case they are
called into actual service — Members Chosen Mess'rs Emmons, J. Wright,
Wm- Chamberlain, J. Robinson, & Chittenden. Read and Resolved that
Judge Lynde Join said Committee.

The act in alteration and amendment of an act entitled an act for the
Prevention and punishment of Frauds and perjuries was taken up agre-
able to the Order of the Day, Read and nonconcurred because the
Council Consider the present existing Law in such Cases made and
provided is well guarded and that innovations in the System of Juris-
prudence without urgent reasons for it is Dangerous to the Liberties
and Interest of the the Citizens of this State.

The act for the Punishment of Theft was taken up agreeable to the
Order of the Day, Read and non concurred for the same Reasons as
above.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

Adjourned untill 9 Oclock Monday Morning.

Monday Oct. 27 Day A. D. 1794.

Met according to adjournment.

An act granting a Tax of Two pence Per acre on the Lands in the
Town of Victory in the County of Orange having passed the House,
Read and Concurred.

An act Discharging Jonathan Greene from the paying of a Bill of Cost
having passed the House, Read and Concurred.

An act granting to Samuel Mattocks Esq1- Treasurer sixty nine pounds
fifteen shillings & Two pence having passed the House, Read and Con-
curred.

An act authorizing Simeon Brown Administrator on the Estate of
Oliver Blie Late of Springfield Deceased to sell Lands therein men-
tioned having passed the House, Read and Concurred.

An act Directing the Treasurer of this State to pay to Joshua Bayley
the sum of six pounds fifteen shillings having passed the House, Read
and Concurred.

An act granting a Land Tax on the Town of Barrc alias Wilders burgh
having passed the House, Read and Concurred.

An act Directing the Treasurer to pay to Tarant Putnam the sum of
four pounds Twelve shillings & ninepence having passed the House,
Read and Concurred.

An act regulating the Publishing of Advertisements within this State
and repealing an act for that Purpose passed Oct. the 31 Day A. D. 1793
having [passed] the House, Read & Concurred.

An act establishing and Constituting the Eastardly part of Burlington
the Southardly part of Jericho the Two Societies of Williston a part of
Newhuntington & part of Buels & Averys Gore into three Distinct
Towns having passed the House, Read & Concurred.

Governor and Council — October 1794. 77

An act making a Grant of Lands to Samuel Knight Esq'r having
[passed] the House, Read & Returned with an amendment Proposed and
as follows to wit, provided nevertheless that this shall not enable the
said Samuel Knight Esq'1" to Lay Claim to a Certain Gore or Tract of
Land Lying & being situated between Goshen, Hancock, Philidelphia,
& Leicester.

An act to release from Confinement the Body of Samuel Beach for the
Space of one year and to secure his Body from arrests on Civil process
During that Term having passed the House, Read and ordered to be
sent Back with the following proposed amendments Viz. for any Debt
or Contract entered into by the said Samuel before the passing of this
act; 2th [2d] provided that the said Sheriff shall take the Bonds men-
tioned in this act for the Benefit of the said Samuel'8 Creditors & they
shall be assignable to them in the same manner as bonds for the Liber-
ties of the Goal Yard by Law are Directed to be taken.

An act appointing Commissioners for the Purposes therein mentioned
having passed the House, Read and ordered to be sent back with the
following amendments proposed Viz. the 1 after having advertised in
the Vermont Journal three Weeks successively at Least six Weeks be-
fore the Day of Sale; 2th an equal Proportion.1

An act in addition to an act entitled an act Regulating proprietors
meetings passed March the ninth Day A. D. 1787 having passed the
House, Read and Ordered to Lie till to morrow morning.

A Bill for Limiting the time for bringing writs of Error proposed by
the Council, Read and Ordered to be sent to the General Assembly to be
passed into a Law.

Adjourned untill to morrow morning 9 Oclock.

Tuesday October the 28 Day A. D. 1794.

Met according to adjournment.

An act for raising a Company of Cavalry in the second Regiment in
the eighth Brigade & first division of the militia of this State having
passed the House, Read and Concurred.

The act in addition to an act entitled an act regulating proprietors
meetings &c. taken up agreeable to the Order of the Day and Ordered
to lie untill the afternoon.

A Bill brought in from the House in alteration of an act regulating
Term fees being referred to a Committee to Join a Committee from
Council being Read Resolved that Judge Olin Join the said Committee.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

An act Dividing this State into Districts for electing Representatives
to the Congress of the United States and Directing the Mode of their
Election having passed the House— Read and Ordered to be sent back
with the following amendments: the 1 the Words or a Representative
from some adjacent town next after the word " Town" in the eighth
Line from the Bottom in the second Page; the 2 the Word Publicly to
be inserted next after the Word u there" in the second Line from the
Bottom in the third Page; the 3 the Words four highest to be erased in
the fifth Line from the Top of the second Page in the second Sheet.

*In the Assembly Journal the places in the bill of these amendments
are specifically stated. The Secretary of the Council seems to have
deemed it fit to state the substance only.

78 Governor and Council — October 1794.

An act appointing Josias L. Arnold one of a Committee to superin-
tend the expenditure of Tax in Burke in the Place of Jonathan Ar-
nold Esq'r Deceased x having passed the House, Read and Concurred.

An act constituting and establishing the Persons therein named as
Company of Artillery &c. having passed the House, Read & Concurred.

An act granting a Tax of one penny on each acre of Land in the town
of Berlin &c. having passed the House, Read & Concurred.

An act granting a Tax of one penny on each acre on the Town of
Johnson & Twopence per acre on Coit's Gore &c. having passed the
House, Read and Concurred.

An act in addition to an act entitled an act Directing and regulating
the Levying and serving of executions having passed the House, Read
and Concurred.

An act appointing a Collector of a Land Tax in Johnson having
passed the House, Read and Concurred.

An act making it the Duty of the several Judges of the Supreme
Court to keep Regular Extracts &c. [of the actions, evidence, and deter-
minations in each cause,] having passed the House, Read and Resolved
that the General Assembly be requested to Lay the act over untill the
next session of the Legislature.

An act in addition [to] and alteration of an act entitled an act Defining
the Powers of Justices of the Peace within this State having passed the
House, Ordered to Lie untill to morrow morning.

Adjourned untill to Morrow Morning at 8 Oclock.

Wednesday Oct. the 29 Day A. D. 1794.

Met according to adjournment.

An act annexing the Town of Starksborough in the County of Chit-
tenden to the County of Addison having passed the House, Read and
Concurred.

An act in addition to an act entitled an act regulating Proprietors
meetings &c. having passed the House, Read agreable to the Order of
the Day and Ordered to be sent back to the General Assembly with Pro-
posals of Amendment.

An act empowering and Directing the Supreme Court to amend a
Certain writ having passed the House, Read and Concurred.

An act ratifying the Doings of a meeting of the Proprietors of Navy
[Charleston,] having passed the House, Read and Concurred.

A Bill brought in from [to] the Council to alter the times of the sit-
ting of the County Court in the County of Chittenden — Read and
Ordered to be sent to the General Assembly to be passed into a Law.

The act in addition [to] and alteration of an act entitled an act Defin-
ing the Powers of Justices of the Peace &c. was taken up agreable to
the Order of the Day, Read and Ordered to be sent to the General As-
sembly with Proposals of amendment.

A Bill brought [in] by his Excellency establishing the Town Officers
in the Towns of Burlington, Williston, Newhuntington and Jericho —
Read and Ordered to be sent to the General Assembly to be passed into
a Law of this State.

Samuel Mattocks Esq'r as Principal & Nathaniel Chipman & John
Strong Esq'rs as sureties acknowledge themselves jointly and severally
bound unto the Secretary of this State in the penal sum often thousand
pounds Lawful money which payment well and Truly to be made they

aSee Appendix I.

Governor and Council — October 1794. 79

bound themselves, their Heirs, Executors and administrators firmly by
these Presents this 29 Day of October A. D. 1794— Conditioned as fol-
lows, that if the said Samuel Mattocks Esq'r shall faithfully execute the Of-
fice of a Treasurer within & for this State for the year ensuing so that
neither the Public or any Individual suffers any Damage thereby, then the
above bond of Recognizance to be Void, otherwise to remain in full
force and virtue.

Attest, Truman Squier Sec'v-

A messuage from the House requesting the Governor and Council to
Join them in Grand Committee at the opening of the House in the after-
noon to Choose a Councillor in the Room of Thomas Porter Esq'1" re-
signed. Read & Resolved to Join accordingly. l

Adjourned until 2 Oclock in the afternoon.

Met according to adjournment.

An act in addition to an act entitled an act granting leave to Anthony
Haswell to raise the sum of Two Hundred pounds by Lottery &c. hav-
ing passed the House, Read and Concurred.

An act in addition to an act entitled an act for the settlement of Tes-
tate and intestate Estates having passed the House, Read and Concurred.

An act in addition to & Alteration of an act regulating and Governing
the Militia of this State having [passed] the House, Read and Ordered
to be sent to the General Assembly with Proposals of amendment.

The Bill sent to the General Assembly for altering the times of the
County Court in the County of Chittenden returned with Proposals of
amendment. Read and Concurred.

The Hon. Elijah Robinson Esqr- was requested to attend in Council &
take his Oath of Office, who accordingly Did.2

An act to Continue in force an act to suspend prosecutions against
Edmond Willis having passed the House, Read and Concurred.

The act in addition "[to] and alteration of an act entitled an act Defin-
ing the Powers of Justices of the Peace being Returned from the House
with the Proposals of amendment nonconcurred, Resolved that the same
be sent back with a request to the General Assembly to Lay the same
over untill the next Session of the Legislature.

An act granting a Tax of Twopence per Acre on No. 4 in Kelly'8
Grants having passed the House, Read and Concurred.

An act Directing the Judges of Windham County Court to Continue
a Certain action &c. having passed the House, Read and Concurred.

An act in addition to an act relative to Quakers &c. having passed the
House, Read and Concurred.

An act appointing a Committee to alter the Lines of a number of

1 See Appendix C.

2 From the printed Assembly Journal:

In Grand Committee, Oct. 29, 1794.

Agreeable to the order of the day, his Excellency the Governor, and
Council, and house of representatives, joined in Grand Committee, to
elect a Councillor, in the place of the honorable Thomas Porter, Es-
quire, resigned, His Excellency in the chair. Ros. Hopkins Clerk. The
ballots being taken — Col. Elijah Robinson was declared duly elected.

On motion, by Mr. Arnold, the ballots being taken for an auditor of
accounts against the state Elisha Clark Esq. was declared duly elected.

80 Governor and Council — October 1794.

Towns therein specified &c. having passed the House, Read and Con-
curred.1

An act appropriating the Propagation Lands &c. having passed the
House, Read and Concurred.2

An act making Compensation for the Detached Militia of this State
&c. having passed the House, Read and Concurred.3

An act in addition to and in alteration of an act granting a Tax of one
penny on each acre of Land in the Towns of Morristown, Sterling, &
Worcester &c. having passed the House, Read and Concurred.

An act granting a new Trial to sundry Inhabitants of Al burgh &c.
having passed the House, Read and Concurred.

Adjourned untill 8 O'clock to Morrow Morning.*

Thursday October the 30 Day A. D. 1794.

Met according to adjournment.

An act for the more Speedy settlement of Controversies having
passed the House, Read and Concurred.

An act to enable Towns to make Laws to prevent Sheep from running
at Large &c. having passed the House, Read and Concurred.

A Resolution of the House appointing a Committee of three to make
appropriations for the year ensuing and bring in a Bill for that purpose
— Members Chosen Mess'rs J. Robinson, Williams, & Bridgham
[Bridgeman.] Resolved that Judge Knoulton Join the aforesaid Com-
mittee.

An act appointing a Collector in Colchester, Burlington, Essex, and
Shelburn &c. having passed House, Read and Ordered to be sent to the
General Assembly with an amendment.

An act to rectify a mistake in the Charter of Midway [Medway, now
Mendon,] &c. having passed the House, Read and Concurred.

An act granting to Eliakim Spooner the sum of forty Two pounds
nine shillings & three pence &c. having passed the House, Read and
Concurred.

An act in addition to an act for mending and Clearing Highways &c.
having passed the House, Read and Concurred.

An act in addition to an act entitled an Act Defining the Powers of
the Supreme & County Courts having [passed] the House, Read and
Concurred.

The act in addition [to] and alteration of an act entitled an act Defin-
ing the Powers of Justices of the Peace &c. being with the non concur-
rence of the House &c. [in the amendments of the Council] Returned,
Read and Concurred.

xThe towns were "Georgia, St. Albans, Swanton, Highgate, Sheldon
alias Hungerford, Fairfield, Bakersfield alias Smithfield, Fairfield and
Bakersfield, Fairfax, Fletcher, Cambridge, and Coit's Gore," [Water-
ville.]

2 See note 2, ante, p. 74.

2 See Appendix F.

4 From the printed Assembly Journal, Oct. 29 1794.

Resolved, that the salary of his Excellency Thomas Chittenden, Es-
quire, Governor of the state of Vermont, be the sum of one hundred and
fifty pounds, lawful money, for the year ensuing.

Resolved, Also, That the salary of Samuel Mattocks, Esquire, Treas-
urer of the state of Vermont, be the sum of one hundred and twenty
pounds, lawful money, for the year ensuing.

Governor and Council — October 1794. 81

A Bill brought in regulating the mode of raising money for Building
School Houses and supporting Schools in the several Districts &c. [was]
Read and Ordered to be sent to the General Assembly to be passed into
a Law.

An act Levying a Tax in Windsor County having passed the House,
Read & Concurred.

An act for the purpose of Obliging the Proprietors of a Mill Dam &c.
[on the mouth of Wells pond, to draw off the water,] having passed the
House, Read and Concurred.

An act Directing the uses of the Rights of Land in this State hereto-
fore granted by the British Government as Glebes for the Benefits &c.
having passed the House, Read and Concurred.1

An act assessing a Tax of Twopence on the pound on the List of A.
D. 1794 having passed the House, Read and Concurred.

An act making provision for the payment of costs in Certain Cases
therein mentioned &c. having passed the House, Read and Concurred.

An act empowering Adam Dickey Collector of the halfpenny Tax in
the Town of Topsham &c. having passed the House, Read and Con-
curred.

An act appointing Commissioners to settle with the Treasurer &c.
having [passed] the House [was read & concurred,] an amendment pro-
posed and Ordered to be sent to the House.

An act in addition to and explanation of an act for the Purpose of
Raising by Lottery five hundred Dollars &c. having passed the House,
Read and Concurred.2

An act to suspend the Prosecution of an action against Abel Spencer
and James Claghorn having passed the House, Read and Concurred.

An act in addition to the Isle La Molt Land Tax having passed the
House, Read and Concurred.

An act for Committing Prisoners by the Authority of the United
States in the Goal in the City of Vergennes having passed the House,
Read and Concurred.

An act appointing a Collector of Land Taxes in the Town of Jericho
having passed the House, Read and Concurred.

An act granting a Tax of one penny on each acre of Land in the
Township of Stowe in Chittenden County having passsed the House,
Read & Concurred.

An act for the Purpose of Granting a new Trial to Samuel Beach
against Henry Wiswell &c. having passed the House, Read and Con-
curred.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

An act in addition to an act entitled an act for the Incorporating a
part of the Towns of Newhaven, Panton &c. having passed the House,
Read and Concurred.

An act granting a Tax of Two pence on each acre of Land in the
Township in [of] Bakersfield having passed the House, Read and Con-
curred.

An act to suspend the administration of Israel Stockings &c. having
passed the House, Read and Concurred.

An act for making a new Town out of Putney and Athens by the
name of Brookline having passed the House, Read and Concurred.

A Bill brought into the Council for the [purpose] of enabling Certain

1 See note 2, ante, p. 74.

2 For a bridge over Lamoille river in Fairfax.

6

82 Governor and Council — October 1794.

PersoDS therein named to take of and Lease out the Lands granted for
the use of the Grammar Schools in the County of Windsor, Ordered to
be sent to the General Assembly to be passed into a Law of this State.

An act making appropriations for the Year A. D. 1794 having passed
the House, Read and Ordered to be sent to the General Assembly with
an amendment. Returned with all the amendment non-Concurred ex-
cept the Expences of the Council as to their Chamber and Candles. —
Read and Concurred.

In Council October the 30 Day A. D. 1794.

Resolved that the Treasurer of this State be and he is hereby Di-
rected to pay to his Excellency the Governor five hundred Dollars out
of the money appropriated for that Purpose for his Salary for the present
year.

An act making it the Duty of the Supreme Court to appoint a Clerk
in each County &c. having passed the House, Read and Ordered to be
sent to the General Assembly with a proposal of Amendment.

An act granting a Tax of one penny on each acre of Land in the
Town of Mansfield in Chittenden County &c. having passed the House,
Read and Concurred.

An act granting to Samuel Williams Esqr. the Right of Doing all the
printing Business in this State for the Legislature for the Term of ten
years having passed the House, Read and Ordered to be sent to the
General Assembly with a Proposal of an amendment.

An act regulating settling Duties required by Charter &c. having
passed the House, Read and nonconcured and Returned with the Rea-
sons assigned.

His Honor Judge White is appointed to Receive the Debenture of
Council.

The Letter of Address from the Legislature to the Hon'ble Thomas
Porter Esq'r on his Resignation of his Office as Councillor [was] Read
and Unanimously approved of by the Council.

Debenture of Council for Rutland October Session A. D. 1794.

His Honor

Miles

Days

£.

S.

D.

the Lieuf* • Governor

Travel.

Att.

Jonathan Hunt

80

22

19

3

4

The Hon'ble

Thomas Porter

14

22

8

3

4

Samuel Safford

60

22

9

14

0

John Strong

48

22

9

6

0

Ebenezer Walbridge

58

22

9

12

8

Luke Knoulton

63

22

9

16

0

Ebenezer Marvin

120

22

11

14

0

Paul Brigham

50

22

9

7

4

Jonas Galusha

50

22

9

7

4

Gideon Olin

52

15

6

19

8

John White

90

22

10

14

0

Cornelius Lynde

50

22

9

7

4

& Elijah Robinson

2

0

14

0

Esq'rs Councillors

Truman Squier Secy-

36

13

7

1

0

John Fay Dp- Secy-

70

10

7

5

8

Jonathan Bell Esq'r Sheriff.

22

6

12

0

£144:

17:

8

The End of

said Session.

Truman Squier Secy

NINETEENTH COUNCIL.

OCTOBER 1795 TO OCTOBER 1796.

Thomas Chittenden, Williston, Governor.
Jonathan Hunt, Vernon, Lieutenant Governor.

Councillors:

Samuel Safford, Bennington,
John Strong, Addison,
Eben'r Walbridge, Bennington,
Luke Knoulton, Newfane,
Ebenezer Marvin, Franklin,
Paul Brigham, Norwich,

Truman Squier, Manchester, Secretary
William Sweetser, Windsor, Sheriff.

Jonas Galusha, Shaftsbury,
Gideon Olin, Shaftsbury.
John White, Georgia,
Cornelius Lynde, Williamstown,
Elijah Robinson, Weathersfield.
Samuel Williams, Rutland.

BIOGRAPHICAL NOTICED

1800, February 28th. — Hon. Samuel Williams, of Rutland, being at
Plymouth, Vt., where he and his brother Elias had a mill, lime-kilns, &c,
"while hauling a load of wood, accidentally fell upon it, a knot entered
his body, causing his death." Judge Williams was one of the earliest
settlers and one of the most distinguished citizens of Rutland. He was
one of the few Whigs who remained in Rutland after the evacuation of
Fort Ticonderago.2 He was for many years town clerk and selectman,
represented Rutland in the General Assembly of Vermont in 1783, '84,
'85, '87, '88, '89, '90, '91, '92, '93, '94, '98, and '99.3 Councillor, 1795, '96,
'97, and '98, the last of which he declined, preferring to represent Rut-
land in the House. Judge of Rutland county court, 1790, '91, '92, and
'93; Chief Judge, 1794, '95, '96, '97, '98 and '99, being Chief Judge at the

xBy Chauncey K. Williams, Esq., of Rutland.

a Sept. 22 1777, the Council of Safety gave Mr. Williams a permit to
pass and repass the line(of defence unmolested. — See Vol. I, p. 177, where
this permit was erroneously assigned to Rev. Dr. Samuel Williams.

3 He was elected to both the House and Council in 1795, and served in
the Council.

84 Biographical Notice,

time of his death. He was one of the first members of the Congrega-
tional church in the east parish, and was its first deacon. He and Rev.
Samuel Williams, LL. DM were the establishers of the Rutland Herald,
the first number of which was issued December 8th, 1794. To him is
this village indebted for its common, the funds for its purchase being
mainly contributed by him and he being the first grantee named in the
deeds (uto Samuel Williams and other inhabitants of said town of Rut-
land.") His remains were brought to Rutland "and buried with tokens
of deep respect as an honored citizen." A beautiful marble tablet was
erected over his remains, in what is known as the north burial ground in
the east parish of Rutland, on which is the following inscription:

THE

Honorable Samuel Williams,

died the 28th day of February

A. D., 1800,

in the 44th year of his age.

He was a Pillar of Church and of State

and lived and died the Father of this

Village and the Friend of Mankind.

Over the remains of his mortal part,

as a testimony of his virtues,

this marble placed

by his Masonic Brethren,

June 2Uh, A. L. 5800.

Governor and Council — October 1795. 85

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT WINDSOR

OCT. 1795.

State of Vermont, Windsor Oct. the 8 Day A. D. 1795.

At a Meeting of the Governor & Council Present His Excellency
Thomas Chittenden Esquire Gov- His Honor Jonathan Hunt Esquire
Lieuf4- Govr- And the following Members of the Hon'ble Council Viz.
Samuel Safford, John Strong, Ebenezer Walbridge, Luke Knoulton,
Ebenezer Marvin, Paul Brigham, Jonas Galusha, Gideon Olin, John
White, Cornelius Lynde, Elijah Robinson, & Samuel Williams.1 Truman
Squier Secrv- William Sweetser Sheriff.

Resolved that it be recommended to the General Assembly that after
appointing a Committee to Count the Votes of the Freemen that they
proceed to appoint a Committee Consisting of One Member from each
County whose Duty it shall be to Receive the Votes from the Represen-
tatives of their Respective Counties and Deliver them over in their Or-
der as called for.

A Bill from the House was received appointing a Committee consisting
of Two Members from each County to Join a Committee of Council for
the purpose of receiving, Sorting and Counting the Votes of the Free-
men [for Governor, Lieutenant Governor, Treasurer, and Councillors]
for the year ensuing. Read & Resolved that Judges Safford, Olin, Strong,
White, Knoulton, Brigham, & Lynde be a Committee from Council to
Join said Committee.

The before mentioned Bill [sent by the Council to the House,] returned
from the House Nonconcured.

'This is not a list of Councillors who attended at the opening of the
Council, as Mr. Williams was not then Councillor: but, with the excep-
tion of Samuel Mattocks as Treasurer, of the State officers and Council-
lors who were in the afternoon of that day declared to be elected for the
year then ensuing.

From the Vermont Journal of Oct. 12 1795:

On Wednesday last, his Excellency the Governor, escorted by Captain
Stone's company of Cavalry, arrived in this town — And on Thursday
following, the Governor, Council, and House of Representatives, formed
a procession, and, attended by Captain Leonard's company of Light In-
fantry, proceeded to the Court-House, where a sermon was delivered by
the Rev. Asa Burton, from Psalms viii, 5: " Thou hast made him a little
lower than the Angels." — They then proceeded to count the votes for the
election of Governor, Councillors, &c. * * * The whole was concluded
by a discharge of fifteen cannon, by Captain Hodgeman's company of
Artillery, and firings with small arms. Such was the order and regu-
larity, during the transactions of the day, as reflects the highest honour
on the Officers and Soldiers, and citizens in general.

86 Governor and Council — October 1795.

Adjourned Untill 5 Oclock P. M.

The Council Met according to Adjournment & Adjourned Untill 9
Oclock Tomorrow Morning. \

Windsor Friday Oct the 9 Day A. D. 1795.2

The Gov'er & Council Met according to Adjournment.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment.

A Bill from the House appointing a Committee Consisting of Two
Members from each County to Join such a Committee from Council as
they shall please to appoint to make an Arrangement of the Necessary
Business During the present Session. Kesolved that Judge Brigham,
Galusha, Strong, & Knoulton Join Said Committee.

A Bill from the House appointing a Committee of One Member from
each County to Join such Committee as the Council shall appoint to
take under Consideration all Petitions praying for Land Taxes, State
facts and make Report. Members Chosen Mess'rs Todd, Bigelow, La-
throp, Hunter, Linsley, Morey & Cole. Resolved that Judge Lynde
Join the aforesaid Committee.

A Letter from Genrl Arad Hunt to his Excellency Resigning his Office
as Brigadier General of the first Division of the Militia of this State was
Read and Ordered to Lie for the present.

A Bill from the House requesting His Excellency the Governor to
appoint the first Thursday of December next ensuing to be Observed as
a Public Day of Thanksgiving & Praise throughout this State. Read &
Concurred.

A Petition from Col. Matthew Lyon, Stating that he purchased a Cer-
tain Farm in the Town of Strafford in the County of Orange of one
Timothy ^Bartholomew a Late Commissioner of Confiscation in this
State, taken from one Cap4- James Pennock, & that he paid One hundred
& fifty pounds for said Farm & that he the said Col. Matthew Lyon has
Lost said Farm by another Claimant & by Due Course at Law & has
paid out Large sums in Cost in Defending said Land, & the said Col.
Matthew Lyon prays that this State wou'd be pleased to pay him the
Damages he has sustained in the premises. Read & by the House Re-
fered to Messrs. Denison, W. C. Harrington, Thomas, Arnold, &
Shumway to Join such Committee as the Council shall Please to appoint.
Resolved that Genrl Safford & Col. Robinson Join said Committee.

Adjourned Untill 9 Oclock To Morrow Morning.

[Saturday, Oct. 10, 1795.]

Met according to Adjournment.

A Petition from a number of the Inhabitants of the Towns of Han-
cock, Kingston [Granville,] and Rochester praying for a Land Tax to
Complete & finish the Road formerly Laid through said Hancock, Goshen,
& part of Middlebury, Being Read in the House & Referred to the Land

xThe Report of the Grand Committee of the election of State officers

and Council is omitted in the Council Journal.
2 From the printed Assembly Journal, opening of the sitting of Oct. 9:
Mr. [Martin] Chittenden was requested to wait on his excellency the

governor and council, and inform them that the House is now assembled

and ready to attend on prayers.

Governor and Council — October 1795. 87

Tax Committee, Resolved that the Land Tax Committee from the Coun-
cil Join said Committee.

A Petition ofa number of the Proprietors and Landowners of the Town
of Westfield in the County of Chittenden praying for a Land Tax of one
penny on each acre of Land in said Town to be Laid for the purpose of
Making and Repairing Highways and Building Bridges in said Town,Read
& by the House Referred to the Land Tax Committee, Resolved that the
Land Tax Committee from the Council Join said Committee.

The Petition of Benjamin Wait and Others praying for a Land Tax
of one penny on each Acre of Land in the Town of Waitsfield in the
County of Chittenden Public Lands excepted for the Purpose of Re-
pairing Roads and Building Bridges in said Town, Read and by the
House Referred to the Land Tax Committee &c. Resolved that the Land
Tax Committee from the Council Join said Committee.

The Petition of William Williams in behalf of the Inhabitants of
Canaan & Norfolk1 praying for a Tax of Two pence on each acre of
Land in said Towns public Lands excepted for the Purpose of Building
Bridges and making and Repairing Highways in said Towns, Read and
by the House Referred to the Land Tax Committee &c. Resolved that
the Land Tax Committee from the Council Join said Committee.

Adjourned Untill Monday next at 10 Oclock A. M.

Monday Oct. the 12 Day A. D. 1795.

Met According to Adjournment.

The Resolution of the House that the sixth Article in the Arangement
of Business, to wit that some provision be made for Rendering more
passable the Road from Massichusetts Line to Newbury the West side
ot Connecticutt River be Refered to a Committee Consisting of Two
Members from each County [on the eastern side of the mountain]—
Members Chosen Mess'rs Spooner, Whitney, Perkins, Brush, Johnson,
& Barron. Read & Resolved that [Lieut.] Govr Hunt & Genrl Brigham
Join said Committee.

The Resolution of the House on the Eighth Article of the Arange-
ment of the Business Viz. that enquiry be made into the Benefitts re-
sulting from the Office of Attorney General and whether the act consti-
tuting said [office] be or be not expedient, Referred by the House to a
Committee Consisting of one Member from each County to Join a Com-
mittee of Council— Members Chosen Mess'rs Seldin, Bigelow, Lyon, Gal-
lop, Foot, W. Chamberlain, & W. C. Harrington. Resolved that Judge
Olin Join said Committee.

A Bill brought in from the House empowering the Supreme Court to
take the Forfeitures of Lands heretofore granted within this State & the
mode of proceeding thereon with the Resolution of the House appoint-
ing a Committee [thereon] Consisting of one member from each County
to Join a Committee of Council to take said Bill under Consideration-
Members Chosen Messrs. P. Wright, Shatter, Whelpley, Gallup, Pond,
Sias, & Sheldon. Resolved that Judge Olin & Judge Williams Join said
Committee.

The Petition of a Number of the Inhabitants of the Southwest part of
Tinmouth, North West part of Danby, Northeast part of Pawlett and
Southeast part of Wells— praying to be made into a Town and Incorpo-

Norfolk was annexed to Canaan in 1801.

88 Governor and Council — October 1795.

rated, being Read and by the House Referred to Mesres Wait, Johnson &
Cutler to Join a Committee from Council.1

His Excellency the Governor was Pleased to Reappoint Truman
Squier Esq'r Secretary to the Council for the year ensuing, and [who
was] by him Qualified to that Office.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

The Petition of Aaron Hutchinson 2 and others setting forth that they
are appointed and Incorporated by an act of the Legislature of the State
of Newhampshire for the Purpose of Locking White River Falls so
called in Connecticut River against Lebanon and Building Bridges over
said River, praying for a similar act of this State, being Read and by the
House Referred to a Committee — Members Chosen Messrs. Arnold,
Chittenden, Davis, Stanton, & Porter to Join a Committee of Council —
Resolved that Genrl Brigham Join said Committee.

The Petition of William Hazletine of Rockingham setting forth his
Misfortunes in being wounded in the Bennington Battle praying the as-
sistance of the Legislature to Help him to a Pension, — Read and by the
House Referred to Messrs. Todd, Lyon, Spafford, Cutler & Lee to Join a
Committee from Council, Resolved that Judge Robinson Join said Com-
mittee.

The Petition of Jonathan Haynes of Middletown setting forth that
he was wounded in the Bennington Battle, praying the Legislature to
assist him in Obtaining a Pension from Congress &c. being Read & by
the House Referred to Messrs. Lyon, Todd, Spafford, Cutler & Lee to
Join a Committee from Council, Resolved that Judge Robinson Join
said Committee.

The Petition of Sherburn Hale of Rockingham setting forth the Ne-
cessity of having a Road in the South east Corner of Rockingham, pray-
ing for the Exclusive Right of Making said Road and Receiving Toll
from Passingers in Like manner as Ferrymen have for ferrying across
Connecticutt River, Read and by the House Referred to Messrs. Spooner,
Hatch, & E. Sheldon to Join a Committee of Council, Resolved that
Judge Knoulton Join said Committee.3

The Petition of Pliny Pomeroy of Westminster setting forth his Mis-
fortunes in the service of the United States in the Last War in being
Wounded and having failed in Obtaining a Pension from the United
States altho Deserving, praying the Assistance of the Legislature in that
respect, Read and by the House Referred to Messrs. Lyon, Todd, Spaf-
ford, Cutler & Lee to Join a Committee of Council, Resolved that Judge
Robinson Join said Committee.

Adjourned Untill 9 Oclock to Morrrow A. M.

JHere the record as to these petitions ends, the lines following indi-
cating that there was an omission.

2 Hutchins in the Assembly Journal.

8 This seems to have been the first suggestion of turnpike companies
in Vermont, many of which were subsequently granted in place of
the former practice of building roads and bridges by money derived from
lotteries.

Governor and Council — October 1795. 89

Tuesday Oct. the 13 Day A. D. 1795.

Met according to Adjournment.

The Petition of Timothy Mitchell of Pomfret in the County of Wind-
sor praying to have the exclusive Right of running a Stage from Wind-
sor to Burlington for a Term of years, Read & by the House referred to
Messrs. E. Stephens, [Enos Stevens,] Hatch & Davis, to Join a Com-
mittee of Council &c. Resolved that Judge Williams be appointed to
Join said Committee.1

The Petition of Israel Converse & others of Randolph praying for the ex-
clusive privilidge of Running a Stage from Windsor to Benjamin Wrights
on White River in Hartford, thence on the Main Road to Royalton
thence through Randolph Brookfield & Williams Town to Col. Davis'8
on Inion [Onion] River to Burlington Bay, Read and by the House re-
ferred to Messrs. E. Stephens, Hatch & Davis to Join a Committee of
Council &c. Resolved that Judge Williams be appointed to Join said
Committee.

The Petition of Samuel Allen of Tinmouth Administrator on all the
Estate of Asahel Leet Late of Tinmouth Deceased praying for an act
empowering him to sell a certain Lot of Land belonging to said Estate
Lying in said Tinmouth, Read and by the House referred to Messrs.
Train, Bush & Alias [Elisha Allis,] to Join a Committee of Council,
Resolved that Judge Robinson Join said Committee.

The Petition of Benjamin Marvin of Alburgh in the County of Chit-
tenden setting forth that he was wounded in the Last War in the ser-
vice of the United States, praying the assistance of the Legislature to
Congress that he may be put upon the Pension List with Others in Like
Cases, Read and by the House Referred to the Committee to whom was
Committed the Petition of Plinny Pomeroy, Resolved that Judge Rob-
inson be Appointed to Join said Committee.

The Petition of Timothy Church of Brattleborough in the County of
Windham setting forth that he is sued on his note to this State for
Goaler fees &c. amounting to Twenty pounds ten shillings he the said
Timothy being Committed on account of his adhearing to the Govern-
ment of the State of Newyork, and while so Imprisoned his Cattle was
taken and sold at Public Auction by this State and that he said Timothy
has had no Compensation from this State for the same, therefore prays
that he may not be any further Distressed by the aforesaid Action but
that the Legislature wou'd be pleased to grant him releif by ordering
said action to be withdrawn without any Costs to be Taxed against him,
Read and by the House Referred to Messrs. Heald, Lathrop, & Ormsby
to Join a Committee of Council. Resolved that Judge Strong be ap-
pointed to Join said Committee.

The Petition of Alexander Frazer of the Province of Canada setting
forth that Administration has been granted on his Late Brother James
Frazer8 estate Lying in Pawlet in the County of Rutland by Judge
Ward to one Israel Stockings who represented said Estate Insolvent and
Commissioners were appointed to examine the claims against said Es-
tate all unknown to him the said Alexander, and that the said Israel

JThis and the next petition originated the great mail stage route which
was made very famous forty years later by Mahlon Cottrill of Mont-
pelier, and over most of which the Vermont Central Railroad was con-
structed. Col. Jacob Davis, of the committee, then kept a hotel in Mont-
pelier, and his son Thomas built and kept the old Pavilion, over which
Mr. Cottrill afterward presided.

90 Governor and Council — October 1795.

Stockings & one Jeremiah Bemis exhibited Large Demands against said
Estate amounting in the whole to £427 10 2 which said Demands the
said Alexander States are unjust and prays the Legislature to Make an
act revoking said Letters of Administration and Directing said Judge
to grant New Letters of Administration and an Opportunity of Contest-
ing said Demands, Read and by the House Referred to Messrs. Thomp-
son, Burnham, Heald and Shumway «& P. Wright to Join a Committee
from Council &c. Resolved that Judge White be appointed to Join said
Committee.

The Resolution of the House Appointing a Committee of five to Join
a Committee of Council for the purpose of Reporting a Bill to Have
Pork & Beet inspected. Resolved that Judge Knoulton be appointed to
Join said Committee.

The Petition of Samuel Ball of Marlboro Stating that he hast Lost his
Health in the Service of the United States, and prays that the Legisla-
ture would assist him in Obtaining a Pension from the United States,
Read and by the House Referred to the Committee appointed on the Pe-
tition of Plinny Pomeroy to Join a Committee of Council. Resolved
that Judge Robinson Join said Committee.

Adjourned untill 2 Oclock in the afternoon.

Met according to Adjournment.

The Petition of a number of the Inhabitants from the Eastardly part
of Londonderry praying to be set off as a Town & Incorporated by the
name of Windham, Read and by the House Referred to Messrs. Selden,
Hazeltine, Train, Heald, Furgason, Elderkin, & O. Smith,1 to Join a
Committee from Council &c. Resolved that Judge Knoulton Join said
Committee.

The Petition of John Powel of Strafford & Nehemiah Lovel [Love-
well] of Newbury praying to be Restored to all they have Lost by means
of Drawing Orders on Col. Bedel who sent them a flag of Truce to Can-
ada while there Detained as Prisoners, being Read and by the House
Referred to Messrs. Davis, Wait & Morey to Join a Committee from
Council. Resolved that Judge Safford be appointed to Join said Com-
mittee.2

1 Orange Smith of Highgate, printed Orange Train in the Assembly
Journal. Orange Train is correctly entered as of Tinmouth.

2 The report of the Committee recites that Powell ai^d Lovewell [both
of whom were captains in the service of Vermont subsequent to 1777,]
were sent in 1777, by Col. Timothy Bedel of a continental regiment, as
a flag of truce to St. Johns; but the flag was disregarded, and the men
were sent under guard to Quebec, where they were detained ten or
twelve months as prisoners. Having spent their money, they suffered
for the necessaries of life, and to obtain relief for themselves and other
prisoners of war, they drew on Col. Bedel for fifty dollars. These bills
were not protested, though l>edel did not honor them, and in 1793, Bedel
being dead, a suit was entered against Powell and Lovewell, and in June
1795 judgment was rendered against them for forty pounds, which they
were compelled to pay. The committee found these facts, but reported
that the petition ought not to be granted by Vermont, on the ground
that the matter belonged to the United States.— See printed Assembly
Journal of 1795, p. 83.

Governor and Council — October 1795. 91

The Petition of the Inhabitants of Marlborough praying for a Grant
of a small Gore of Land Containing about eight hundred acres of Land
Lying between said Marlborough and Newfane in Lieu of a Right of
Land granted in other Towns for the propagation of the Gospel in for-
eign parts & appropriated by this State for the use of Schools in their
several Towns— Read and by the House referred to Messrs. J. Wright,
Burnham, & Selden to Join a Committee of Council. Resolved that
Judge White be appointed to Join said Committee.

The Resolution of the House appointing a Committee on the third
Article of the [second reported] Arangement of the Business before
[the] House Viz. that the several acts Regulating the Office of Treasurer
be Revised, Consisting of one Member from each County. Members
Chosen Messrs. Selden, Spooner, Burnham, Keyes. Hard, & W. C. Har-
rington, to Join a Committee of Council. Resolved that Judge Marvin
be appointed to Join Said Committee.

Adjourned untiU 9 Oclock A. M. [tomorrow.]

Wednesday Oct. the 14 Day A. D. 1795.

Met according to adjournment.

On motion of Judge Knoulton that he may be released on the Peti-
tion of Sherburne Hale, Resolved that he may be released & that Judge
Williams be appointed in his Stead.

The Petition of Genrl Ira Allen Esq1'- of Colchester praying the Legisla-
ture of this State to make an Alteration in the Name of the University
of the State of Vermont & Call it Allen's University, proposing a Dona-
tion of One Thousand pounds worth of Books for a Library & a Deed to
the Corporation of fifteen hundred acres of Land, &c. Read and by the
House referred to Messrs. Robinson, Butler [Cutler of Rockingham,]
Lathrop, Speaker [Lewis R. Morris,] Linsley, Johnson, & W. C. Har-
rington to Join a Committee of Council, &c. Resolved that Judge Olin
be appointed to Join said Committee. l-

The Petition of the Inhabitants of Johnson praying to be exhonorated
from being Liable to pay a Certain Tax of about eight pounds now in
extent against them which said Tax was Laid on them without any List
given in &c. being [read] and by the House Referred to Messrs. Lyon,
Campbell, & J. Wright, to Join a Committee of Council &c. Resolved that
Judge Galusha be appointed to Join said Committee.

Adjourned Untill 2 Oclock P. M.2

1 Oct. 22, the above-named committee reported, recommending a post-
ponement to the next session : but the matter was referred to another
committee, which reported the documents in detail, with the opinion that
while the proposition of Allen was liberal, it was not agreeable to his
first offer, and to the purport of his proposed act. The House agreed to
the report, and gave Allen leave to withdraw. — See printed Assembly
Journal for 1795, pp. 119 and 141.

2 Most of the morning of this day was spent by both Houses in Grand
Committee, of which the Secretary of the Council made no note. The
principal business was the election of county officers, but the following
elections were also made: Isaac Tichenor, Enoch Woodbridge, and Lot
Hall, Judges of the Supreme Court; James Whitelaw Surveyor Gen-
eral; and Elisha Clark Auditor of Accounts against the State.

92 Governor and Council — October 1795.

Met according to adjournment.

A Letter of Resignation was presented to his Excellency by Samuel
Fletcher Esq. Maj. Grl of his Office as such, which was Read and ap-
proved of by the Govnr- & Council &c.

General Arad Hunt'8 Letter of Resignation was taken up again and
accepted by the Govnr.

An Act Laying [a tax of] Two pence on each acre of Land in the
Towns of Norfolk & Canaan for Purposes therein Contained having
passed the House, Read and Concurred.

The Petition of William Simpson praying the Legislature to grant
him a new Trial in a Certain Cause against him and one Azariah Lomiss
Clark final Judgment being rendered against them at the Last Session
of the Supreme Court — Read and by the House Referred to Messrs.
Sias, Bean & Porter, to Join a Committee of Council. Resolved that
Judge Marvin be appointed to Join said Committee.

Adjourned Until! 9 Oclock to Morrow A. M.

Thursday Oct. the 15 Day A. D. 1795.

Met According to Adjournment.

An Act Laying a Tax of one penny on each acre of Land in Bolton
for the Purposes therein Mentioned having passed the House, Read and
Concurred.

An Act appointing States Attornies &c. Having passed the House,
Read and Ordered to Lie for the present.

An Act granting a Tax of one penny on each [acre] of Land in the
Town of Washington &c. having passed the House, Read and Con-
curred.

An act Directing the Treasurer of this State to Credit the Town of
Hartford the sum of three pounds eight shillings & fourpence having
passed the House, [Read] & Concurred.

An act granting a Tax of one penny on each acre of Land in the
Town of Calais for the Purposes therein mentioned having passed the
House, Read and Concurred.

An act for the Purpose of paying the Commissioners for settling with
the Treasurer of this State [having passed the House,] Read & Ordered
to Lie for the Present.

A Draft for a Proclamation for a Public Day of Thanksgiving & Praise
throughout this State was Read & Approved of.

Adjourned Untill 2 Oclock P. M.

Met according to adjournment.

The Act for paying the Commissioners for settling with the Treasurer
was taken up agreeble to Order. Read and Concurred with the following
proposals of Amendment Viz. that next after the word Day in the
fourth Line from the Bottom be Inserted the words while attending on
said Business be inserted.

An Act in addition to &' to Continue in force an Act entitled an Act
to Release from Confinemet the Boby of Samuel Beach &c. having
passed the House &c. Read and Concurred.

An Act granting to John W. Blake, Calvin Knoulton & their Associ-
ates the exclusive Right of Building a Bridge over West River &c.
Having passed the House &c. Read and Ordered to Lie.

The Petition of John Kelly of the City and County of New york
praying for a New Trial in Two Causes brought against Stephen Gen-
ner & Joshua Moss, Read and by the House Referred to the Committee

Governor and Council — October 1795. 93

appointed on the Petition of James Rogers to Join a Committee of
Council &c. Ordered to Lie.

The Petition of James Kogers of Upper Canada in behalf of himself
and Heirs to his Late Father [Col. James Rogers,] praying that the
Board of Trust appointed in behalf of this State to take his Late Father8
Estate into the Custody of the Law in Order to Confiscate the same [be
authorized and requested to convey to him all the lands in London-
derry, formerly called Kent, which remained unsold on the ratification
of the treaty of peace between his Brittanic Majesty and the United
States, having been] Read and by the House Referred to Mess'rs Robin-
son, Campbell, Train, Gallup, Hide, Allis, & Chittenden, to Join a Com-
mittee of Council &c. Resolved that Judge Strong be appointed to
Join said Committee.

Adjourned Untill tomorrow morning 9 Oclock A. M.

[Friday, Oct. 16 1795.]

Met according to adjournment.

An act assessing a Tax of one penny on each acre of Land in the
Town of Duxbury having passed the House, Read and Concurred.

An act for appointing a Committee to Determine the Place or Places
for County Buildings in the County of Orange having passed the
[House,] Read and Concurred.

An act in Amendment of an Act granting to William Page, Lewis R.
Morris and their Associates the Privilidge of Locking Bellows falls hav-
ing passed the House, Read and Concurred.

The act granting to John W. BJake, Calvin Knoulton Esquires & their
Associates the exclusive Right of Building and having a Toll Bridge
over west River at the Place therein Mentioned was taken up agrea-
ble to the Order of the Day -Resolved that [Lieut.] Gov,r Hunt & Genrl
Brigham be appointed a Committee from Council to make proposals of
amendment to said Act.

Adjourned Untill 2 Oclock P. M.

[Met pursuant to adjournment.]

An act empowering Israel Smith &c. to Deed Land in Bradford in a
Certain Case therein mentioned having passed the House, Read and
Concurred.

An Act granting to John W. Blake, Calvin Knoulton Esqrs- & their
associates the exclusive Right of having & Building a Toll Bridge over
West River was again taken up agreable to the Order of the Day. Read
and Concurred with proposals of Amendment.

The Consideration of an act entitled an Act Appointing States Attor-
nies in the several Counties within this State was again Reassumed and
Concurred with proposals of Amendment.

Adjourned Untill 9 Oclock Tomorrow Morning.

Saturday Oct. the 17 Day A. D. 1795.

Met According to Adjournment.

The Petition of John A. Graham Esquire of Rutland praying for the
exclusive Right of Smelting all Gold, Silver, Copper, Brass, and Lead
ore within this State for the Term of thirty five Years which he may Pur-
chase &c. Read and by the House Referred to Messrs. Shumway, J.
Hazletine, Osgood, Stephens, Hyde, Davis, & Stanton to Join a Com-
mittee of Council &c. Resolved that Judge Olin be appointed to Join
said Committee.

94 Governor and Council — October 1795.

The Honble Isaac Tichenor Esqr- was Qualified to his Office as Cheif
Justice by his Excellency the Govr-

An act in addition to an act entitled an Act for appointing and sup-
porting Schools and Building School Houses &c. having passed the
House, Read & Ordered to Lie.

An act for appointing a Committee to Determine the Place for erect-
ing County Buildings &c. in the County of Caledonia &c. having passed
the House, Ordered to Lie for the present.

The Petition of William Simpson praying for a New Trial being recom-
mitted by the House, Resolved that Gen^ Walbridge be appointed to
Join said Committee.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment and adjourned Untill Monday next 10
Oclock A. M.

Monday Oct, the 19 Day A. D. 1795.

Met according to adjournment.

An act Directing the Treasurer of this State to pay Matthew Lyon
the sum of Two hundred & thirteen pounds fifteen shillings Lawful
money &c. having passed the House, Read and Concurred.

An act Directing the Treasurer of this State to pay the sum of fifteen
pounds three shillings to John Chipman Esq'r Sheriff &c. having passed
the House, Read and Concurred.

General Safford moved for Liberty of Absence the Remainder of the
Session which was granted by the Council.

Adjourned Untill 2 Oclock in the afternnoon.

Met according to adjournment and proceeded to the House for the
purpose of Joining in grand Committee agreable to the Request of the
House.1

An act Directing the Treasurer of this State to pay to the Selectmen
of Dummerston the sum of sixteen pounds seventeen shillings & six-
pence having passed the House, Read and Concurred.

An act assessing a Tax of one penny on each acre of Land in More-
town having passed the House, Read & Concurred.

An act assessing Twopence on each Acre of Land on the Township
of Waterbury having passed the House, Read and Concurred.

The Honble Enoch Woodbridge Esquire was Qualified to his Office as
first side or Assistant Judge in the Superior Court; also the Honable8
Samuel Safford, Ebenezer Marvin, Paul Brigham, Samuel Williams, Cor-
nelius Lynde, & Elijah Robinson Esquires to their Respective Offices
[Judges of the County Court,] by his Excellency the Governor.

An act to Direct the Recording of survey Bills &c. having passed the
House, Read and Concurred with the following amendment Viz. that
the Proviso to said act be struck out and the following added Viz.
that said act shall not extend to any surveys or survey Bills or Records
thereof heretofore made any thing &c.

An Act in addition to an Act entitled an Act for appointing & sup-
porting Schools having passed the House, Read and Concurred with the
following proposal of Amendment Viz. that the Clerks [of school dis-

i The Grand Committee made further elections of county officers, and
the following military appointments: Lewis R. Morris Maj. Gen. of the
first division; and Gideon Brownson Brig. Gen. first brigade second
division.

Governor and Council — October 1795. 95

tricts] have full power to warn School Districks & when mett shall
have the same power to act as they now have when warned by the
Selectmen.
Adjourned Untill 9 Oclock to Morrow Morning.

Tuesday October the 20 Day A. D. 1795.

Met according to Adjournment.

The Resolutions of the House on the Invalids Petitions for Pensions
&c. Read & Concurred with the House in their said Resolutions &cl

An act empowering Certain Persons therein Named [administrators
on the estate of George Gibson,] to sell Lands as Administrators in the
County of Orange &c. having passed the House, Read & Nonconcured
and sent back from the Council to the House with a Member.

The Petition of Samuel B. Sheldon praying the Legislature to pass an
act Impowerin the County Court in the County of Chittenden to assess
the Damages his Mill Dam does yearly to the Lands of others adjoining
and no Suit shall be brought against him if he tenders or pays the said
sums so assessed by said Court, Read and by the House Referred to
Messrs- Lyon, Lee and Osgood to Join a Committee of Council &c. Re-
solved that Judge Galusha be appointed to Join said Committee.

An act granting a Tax of one penny on each Acre of Land in the
Town of Waitsfield for the Purpose of making Roads &c. having passed
the House, Read and Concurred.

An act in addition to an act appointing a Land Tax in the Towns of
Colchester, Burlington, Essex, &c. having passed the House, Read and
Concurred with the following proposal of Amendment Viz. & it shall
be the Duty of said Solomon Miller to Publish the said Notification three
weeks successively in the Vermont Gazette, Journal, & the Rutland Her-
ald within six months next after receiving said paper &c.

An act empowering Ebenezer Ober &c. to sell so much of the Real
Estate of Asa Ober &c. having passed the House, Read & Ordered to be
Sent to the House by a Member for Information into the Reasons of
passing said Act &c.

An act for the Continuing in force an act entitled an act to suspend
Civil prosecutions against Edmond Willis &c. having passed the House,
Read and Ordered to be sent back for the Reasons of the House in pass-
ing s'd act.

Adjourned Untill 2 O'clock in the afternoon.

Met according to adjournment.

Resolved that the first Wednesday of April next be appointed as a Day
of public fasting throughout this State.

The Hon'rl Gamaliel Painter Esqr- presented his Letter of Resigna-
tion from his Office as one of the Assistant Judges of the County Court
within and for the County of Addison which was Read and Accepted
[and ordered to be sent to the House for their information.]8

1 These were resolutions of instruction to the Vermont delegation in
Congress. — See printed Assembly Journal of 1795 pp. 64-67. The result
was the addition of several of the Vermont petitioners to the pension
roll.

8 To his excellency the Governor and Council, and House of Represent-
atives, now sitting:
Having received information that you have done me the honour of re-
electing me an assistant judge for the county of Addison, I take the

96 G-overnor and Council — October 1795.

An Act for appointing a Committee to Determine the place for erect-
ing County Buildings in the County of Caledonia Read and Concurred.

An Act in addition to an Act entitled an Act for maintaining Stocks,
Sign Posts, & Pounds &c. having passed the House, Read and Concurred
with the proposals of Amendment Viz. that next after the word third in
the fourteenth Line in the first section, be inserted the words to wit, &
in case the owner or owners of such Creature or Creatures taken Dam-
age feasant & notice given so as aforesaid shall Neglect or Refuse to
appoint an Appraiser, or the Appraisers when Chosen by the pound
Keeper or Owner as aforesaid Cannot agree upon the third person when
necessary, the Party agreived may apply to the next Justice of the Peace
who is empowered to Judge in Civil Causes &c. and appoint one or more
as the Case may be &c.

An act empowering Ebenezer Ober &c. to sell so much Land of Asa
Ober &c. as to pay the sums of Twelve pounds Two shillings & 2d &c.
having passed the House, Read and Concurred.

An act to Incorporate Certain Persons for Locking Falls, Cutting
Canals &c. having passed the House, Read & Concurred"

Adjourned Untill 9 Oclock to Morrow Morning.

Wednesday Oct. the 21 Day A. D. 1795.

Met According to Adjournment.

An act assessing a Tax of Twopence per acre on the Towns of Averil
& Lewis &c. &c. having passed the House, Read and Concurred.

Samuel Mattocks Esquire as Principal and Nathaniel Cliipman &
John Strong Esquires as sureties Acknowledge themselves to be Jointly
& severally Bound & Holden unto the Secretary of this State in the
Penal sum of ten thousand pounds Lawful money which payment well
& Truly to be made they bind themselves their Heirs and Assigns
firmly by these presents this 21 Day of Oct. 1795 Upon the following
Conditions Viz. that if the said Samuel Mattocks Esquire shall faithfully
execute the Office of a Treasurer within & for the State of Vermont for
the year ensuing so that neither the Public or any Individual suffers any
Damage thereby then this bond of Recognizance to be Void otherwise
to Remain in full force and Virtue.

An act assessing a Tax of one penny per Acre on the Township of
Lincoln for the Purpose of making and Repairing Roads &c. having
passed the House, Read & Concurred.

Upon Motion Leave was given to Judge Robinson to bring in a Bill
for the Repeal of the act passed this Session making States Attornies in
the several Counties in this State. Read and Ordered to Lie.

The act entitled an act for the Continuing an act to suspend Civil
prosecutions against Edmond Willis having passed the House, Read
and Concurred.

The Resolution of the House Requesting the Governor & Council to
Join the House of Representatives in grand Committee at the Opening

earliest opportunity of informing you that I decline serving in that
office. At the same time, I am far from being insensible of the honour
you have conferred on me, by the last testimony of your approbation:
and shall ever hold in remembrance the repeated instances in which you
have heretofore done me the honour of appointing me to that office,
which I have sustained since I have been an inhabitant of this state; for
which you will please to accept the warmest acknowledgments of your
most obedient and devoted humble servant, Gam. Painter.

Windsor, 20th Oct. 1795.

Governor and Council — October 1795. 97

of the House in the afternoon for the Purpose of Electing an Associate
Judge in the County of Addison Vice Judge Painter resigned, read &
Resolved to Join accordingly.1

An act [in addition to and repealing part of an act] assessing a Tax of
Two pence on each acre of Land in Moretown for the Purpose of Build-
ing Bridges & Repairing Roads in said Town &c. having passed the
House, Read & Concurred.

Adjourned Untill one Oclock in the afternoon.

Met according to Adjournment.

The Bill brought in by Judge Robinson by Motion was taken up and
Resolved not to send the same to the House.

An act granting a Tax of one penny on each acre of Land in North-
field &c. having passed the House, Read & Concurred.

An act in addition to S?nt Georges Land Tax &c. having passed the
House, Read and Concurred.

An act Discharging the Town of Johnson from paying a Tax therein
mentioned having passed the House, Read and Concurred.

A Bill [for a jail and work-house, or state prison,] brought in by the
House upon the 2 Articles of the Arangement of the Business Reported
this Session and by the House Referred to Messrs- Selden, Cutler, Lyon,
Stephen [Elias Stevens,] Linsley, Morey, & Stanton to Join a Committee
of Council &c. Resolved that judge Brigham be appointed to Join s'd
Committee.

Adjourned Untill 9 Oclock to Morrow Morning.

Thursday Oct. the 22 Day A. D. 1795.

Met according to adjournment.

An act granting a Tax of one penny on each acre of Land in the Town
of Westford for the Purpose therein mentioned &c. having passed the
House, Read and Concurred.

An act forming the east half of Londonderry & Macks Leg &c. into a
separate Town &c. having [passed] the House, Read & Concurred.

Thomas Gould8 Petition praying for a New Trial in his Cause against
James Nobles &c. in the County Court in & for the County of Rutland,
Read and by the House Referred to Join a Committee of Council &c.
Resolved that Judge Galusha be appointed to Join said Committee.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

An Act suspending the Collection of an Execution in favour of James
McLaughlin against William Simpson &c. having passed the House,
Read & Concurred.

An Act granting to Israel Converse, Josiah Eden, Stephen Fisk, &
Timothy Mitchel the exclusive Right of Running a Stage from Windsor
to Burlington on the most Direct Rout and Road &c. having passed the
House, Read and Concurred with the following proposals of amendment

!In Grand Committee the following elections were made: John
Stewart Brig. General first brigade first division, and John Fuller Brig.
Gen. eighth brigade first division; the following State's attornies, David
Fay for Bennington county, Royal 1 Tyler for Windham, Darius Chip-
man for Rutland, Amasa Paine for Windsor, Daniel Chipman for Addi-
son, Daniel Farrand for Orange, Wm. C. Harrington for Chittenden;
and Joel Linsley assistant judge for Addison county.
7

98 Governor and Council — October 1795.

Viz. that instead of the words on the main post Road in the seventh
Line of the first enacting Clause of said act be Inserted the words the
most Direct and Convenient Road &c.

An act empowering the Administrators of Elijah Austin Late of New-
fane to sell Lands &c. having passed the House, Read and Concurred.

An Act to Dismiss the Hon'1"1 Gamaliel Painter Esquire from being a
Manager of the Reparation Lottery &c. having passed the House, Read
and Concurred.

The Hon'1"1 General Ira Aliens Petition Recommitted by the House to
Join a Committee from the Council, Resolved that [Lieut.] Gov1r Hunt
& Judge Williams be appointed to Join said Committee.

Adjourned Untill 9 Oclock to Morrow A. M.

Friday October the 23 Day A. D. 1795.

Met according to adjournment.

An Act Granting to John A. Graham Esq. the exclusive Right of
Smelting and Refining Certain Minerals & Metals &c. having passed
the House, Read and Concurred.

An Act Directing the Board of Trust to Deed Lands in Londom'erry
to James Rogers & the other Heirs of James Rogers his Late Father
Deceased &c. having passed the House Read and Concurred with pro-
posals of Amendment.

His Excellency the Gov,nr Dissented & wished the same to be entered
Upon the Journals.

An Act Laying a Tax of one [penny] on each Acre of Land in the
Town of Wolcott &c. having passed the House, Read and Concurred.

An Act Laying a Tax on Chittenden County having passed the House,
Read & Concurred.

An Act to set aside or Nullify part of the proceedings of the Admin-
istrators on the Estate of James Frazier &c. having passed the House,
Read and Concurred.

An Act assessing a Tax of one penny on each acre of Land in the
Township of Hardwich &c. having passed the House, Read & Concurred.

An Act assessing a Tax of one penny on each acre of Land in the
Township of Eden &c. having passed the House, Read & Concurred.

An Act assessing a Tax of one penny on each acre of Land in the
Township of Lutterlock [Albany,] &c. having passed the House, Read
& Concurred.

An Act in addition to an Act entitled an Act for Dividing the Coun-
ties of Orange and Chittenden into five Counties &c. having passed the
House, Read and Concurred.

An Act granting a Tax of one penny on each acre of Laud in the
Town of Fairfax &c. having passed the House, Read & Concurred.

An Act appointing a Collector in the Town of Berlin having passed
the House, Read and Concurred.

An Act appointing a New Collector in Moretown having passed the
House, Read & Concurred.

An Act to Stay proceedings in favour of John Partridge against Rob-
ert Knoulton having passed the House, Read and Concurred.

An Act Assessing a Tax of one penny on each Acre of Land in the
Town of Greensboro1 &c. having passed the House &c. Read & Con-
curred.

An Act in addition to an act entitled an act granting a Lottery for the
Purpose of Raising 2500 Dollars &c. [for the purpose of clearing the
channel of Connecticut river from Lebanon falls to the north line of
Massachusetts,] having passed the House, Read and Concurred.

Governor and Council —October 1795. 99

An Act empowering Samuel Allen to sell the Lands of Asahel Leet
Late of Tinmouth Deceased having passed the House, Bead & Con-
curred.

An Act Laying a Tax of three farthings on the pound on the Polls &
Rateable estate in the County of Windsor &c. having passed the House,
Head & Concurred with a proposal of amendment.

Adjourned Untill 2 Oclock P. M.1

Met according to adjournment.

An Act Directing the Treasurer of this State to pay to Daniel Buck
Esquire as Attorney Gen'rl- for his services for the Last year the sum of
£57 : 11 :4 having passed the House, Read & Concurred.

An Act Laying a Tax of 3 farthings on the Polls & Rateable estate in
the County of Windsor &c. Returned [from the House] with the Rea-
sons for non concurring in the Amendment proposed &c. Read and the
Amendment Reconsidered, & Concurred.

Adjourned Untill 9 Oclock To Morrow Morning.

Windsor Saturday Oct. the 24 Day A. D. 1795.

Met according to Adjournment.

An Act to Restrain & Regulate the fishing in the Great Pond in
Green sborough &c. having passed the House, Read & Concurred.

An Act Assessing Twopence on the pound on the List of the year
A. D. 1795 [having passed the House,] Read & Concurred.

Adjourned Untill 2 Oclock in [the] Afternoon.

Met according to Adjournment.

An Act Authorising the Sheriff of Chittenden County to appoint Two
additional Deputies &c. having passed the House, Read & Concurred.

An act in addition to an act entitled an act granting to Anthony Has-
well a Lottery &c. having passed the House, Read & Concurred.

An Act for Levying a County Tax in the County of Bennington hav-
ing passed the House, Read & Concurred.

An Act granting a Tax of one penny on each acre of Land in the
Town of Marshfield having passed the House, Read & Concurred.

An Act enabling the Administrator of Benjamin Cahoon to sell real
estate &c. having passed the House, Read and Concurred.

Adjourned Untill Monday next at 10 Oclock forenoon.

[Monday, Oct. 26 1795.]

Met according to Adjournment.

An Act empowering Certain Persons thereing named to take care of &
Lease out the Lands granted to the use of the County Grammar Schools
in the proposed County of Orange [Caledonia] having passed the House,
Read & Nononcurred and Ordered that the same be sent back to the
House by a Member from the Council to state the Reasons of their
Nonconcurrence &c. Resolved that General Brigham be appointed a
Member for that purpose.

IFrom the Assembly Journal, Oct. 23 1795:

Resolved that the salary of his Excellency the Governor be one hun-
dred and fifty pounds for the year ensuing.

Resolved also that the salary of Samuel Mattocks Esq., [State Treas-
urer,] be one hundred and twenty pounds for the year ensuing.

100 Governor and Council — October 1795.

An Act establishing a County Grammar School in the County of Cal-
edonia &c. having passed the House, Read and nonconcured and Resolved
that General Brigham be appointed a Member from the Council to
Transmit the same and assign the Reasons of the Council for their non-
concurrence.

An Act in addition to an Act entitled an Act Regulating the Choice
of Representatives to Congress &c. having passed the House &c. Read
and Concurred.

An Act Directing the Treasurer of the State of Vermont to pay out
several sums of money &c. having passed the House &c. Read and
Concurred.

An act empowering the Justices and Selectmen to Make Abatements
in Certain Cases therein Mentioned &c. having passed the House, Read
and Concurred.

An Act for the Releif of Nathan Osgood Esq. in his Capacity as
Bondsman for Augustine Hibbard &c. having passed the House, Read
and Concurred.

An Act granting the exclusive privilidge of Keeping a Ferry from
Milton to South Hero &c. having [passed] the House, Read and Con-
curred.

An act in addition to an act entitled an Act assessing a Tax of Two-
pence on each acre of Land in the Town of Victory in the County of
Orange &c. having passed the House, Read and Concurred.

Adjourned Uutill 2 Oclock in the Afternoon.

Met according to adjournment.

An Act empowering & Directing Certain persons therein mentioned
to Lay out and survey a Post Road from Massachusetts Line to the
North Line of the Town of Newbury in the County of Orange having
passed the House, Read & Concurred with proposals of Amendment.

An Act assessing the fees of the Legislature for the present year hav-
ing passed the House, Read and Concurred with the following amend-
ment, that the Council Receive their fees in a Due proportion.1

An Act repealing an act entitled an Act for the Temporary Residence
of the Legislature of this State for the time therein mentioned having
passed the House, Read and Nonconcurred for the following Reasons to
wit, that the said Act being a Temporary one and so near the expiration
and no evils to be apprehended from its Operation &c.

Adjourned Untill Tomorrow 9 Ocl. A. M.

1 The act as finally passed fixed the pay of one dollar and forty-six
cents per diem for Councillors, and one dollar and twenty-five cents for
members of the House and the Auditor of accounts. The act applied
only to the session of 1795. The appropriation act for state expenses for
the legislative year, Oct, 1795 to Oct. 1796, was £1723 2 7 for debentures
of Lieut. Governor, Council, General Assembly, and necessary officers
including the Auditor of accounts; <£3 for wood and candles for the
Council room; 18 shillings for same for the clerks; $50 for powder used
on election day; £1 10 to the Auditor for services in 1794-5 in the
recess of the legislature; $10 extra to the Secretary of the Council; and
$5 extra to the Sheriff. The appropriation for Auditor's orders was
£1600. The pound was reckoned at $3.33£ cents.

Governor and Council — October 1795. 101

Tuesday Oct. the 27 Day A. D. 1795.

Met according to adjournment.

An Act in addition to an act Incorporating the City of Vergennes
having passed the House, Read and Concurred.

An Act in addition to an act Laying a Tax on Brumly [Peru] & Land-
grove &c. having passed the House, Read and Concurred.

An Act to appoint a Committee for the purposes therein mentioned
&c. [to set oft' part of a farm to Joseph Macks of Wilmington, which had
been set off on an execution in favor of State Treasurer Mattocks,] hav-
ing passed the House, Read and Concurred.

An Act Discharging Timothy Church from the payment of a Certain
part of a note therein mentioned &c. having passed the House &c. Read
and Concurred. x

An Act in addition to an act appointing a Committee to Divide Sun-
dry Towns in the Northern part of this State having passed the House,
Read and Concurred.

An Act Introducing Dollars and its parts as the Money of Account in
this State &c. having passed the House, Read and Concurred with pro-
posals of amendment.

Resolved that Judge Lynde be appointed to Receive the Debentures of
Council.

An act granting to Stephen Jacob, Amasa Paine, & Oliver Gallup the
exclusive Right of Building a [toll] Bridge of [over] White River &c.
[in Hartford,] having passed the House, Read and Concurred.

Adjourned Untill 2 O'clock P. M.

Met according to adjournment.

A Resolution from the House Allowing the Lieuft. Governor ten Dol-
lars in addition to his fees allowed by Law, Read & Concurred.

An act granting to Amasa Paine three pounds for his services as
Deputy Attorney General having passed the House &c. Read and Con-
curred.

An act with respect to the Negotiability of Notes &c. having passed
the House. Read and Concurred with the following proposal of amend-
ment Viz. that no executor or administrator shall be barred by said
act &c.

An act granting a Suspension of prosecutions against Harding Wil-
liard for one year &c. having passed the House &c. Read and Con-
curred.

An act to Continue the Jurisdiction of Orange County till the first
Day of December A. D. 1796 having passed the House, Read and Con-
curred. [Jurisdiction over towns set off in the formation of new
counties.]

An act to prevent the Destruction of Muskrats &c. having passed the
House, Read and Concurred.

An act regulating the Taxation of Costs in Justices Courts &c. having
passed the House, Read and Concurred.

An act appointing a Committee to Receive & Compile [to collect,
compare and revise] the Laws of this State &c. having passed the House,
Read and Concurred.

An act making appropriations for the present year &c. having passed
the House, Read & Concurred with proposals of Amendment.

An act in Addition to and Alteration of an Act entitled an act in ad-
dition to an act &c. for summoning Juries &c. having passed the House,
Read and Concurred.

1 See Yol. in, pp. 268, 276, 297, and 333.

102 Governor and Council — October 1795.

An act granting to Samuel Williams, Gideon Olin, & Jonathan Parker
Jun. &c. a Certain Gore of Land &c. having passed the House &c. Read
and Concurred.

An act empowering Jonathan Robinson Esq. to Draw out ten Dollars
out of the Treasury &c. having passed the House, Read & Concurred.

An act exempting Certain Towns from paying State Taxes &c. having
passed the House, Read and Concurred.

An act for the Releif of Merril Sheppard &c. having passed the House
Read and Concurred.

An act granting to Benjamin Cady a Bill of Abatement &c. having
passed the House, Read and Concurred.

An act allowing the Town of Shaftsbury the sum of fourteen pounds
seven shillings out of the Public Treasury of this State &c. having
passed the House, Read and Concurred.

An act appointing certain persons therein Named to Inspect &
Certify the Printed Volumes of the Statute Laws of this State &c.
having passed the House Read & Concurred.

The act repealing an act entitled an act to establish the Residence of
the Legislature &c. being Returned from the House [with a message]
that they Do not Recede from the Act for the Reasons Offered by the
Council, therefore Resolved by the Council that said act be suspended
Untill the next Session of the Legislature.

An act relating to the payment of the Surveyor General &c. having
passed the House, Read & Concurred with proposals of Amendment.

An act of Suspension in favour of Daniel King &c. having passed the
House, Read and Nonconcured & Resolved that it be Recommended to
the Legislature to Lay over said Act to the next Session &c. that the
Creditors be Notified &c.

An act altering the name of the Town of Newhuntington to that of
Huntington, having passed the House, Read and Concurred.

An act making provision in Cases where Records of any Court of
Probate are Destroyed by fire &c. having passed the House, Read and
Concurred.

An act empowering Selectmen to Lease Lands belonging to County
Grammar Schools &c. having passed the House, Read and Concurred.

An act Crediting the Town of Bennington three pounds seventeen
shillings & nine pence &c. having passed the House, Read and Concurred.

CONFISCATION OF THE PROPERTY OF ENEMIES TO THIS
AND THE UNITED STATES.— 1779.

Whereas the General Assembly of the Representatives of the Freemen
of the State of Vermont Did at their Last Session Order the Confisca-
tion and Sale of the Estates both Real and Personal of the Enemies of
this & the United States Living within this State who have Distinguished
themselves by Repairing to the Enemy or other Treasonable Conduct,
and Did appoint the Governor and Council of this State to be a Court to
Confiscate and Order the Sale of Said Estates—

To Thomas Chandler Senior Esquire,

You being by said Court appointed a Commissioner to sell said Lands
&c. You are hereby Authorised and fully empowered to sell at Public
Vendue or at private Sale all or any such Lands, Improvements, posses-
sions, Houses, Mills, or other Buildings, or such part of them as you can

Governor and Council — October 1795. 103

sell to the Advantage of this State, Lying & being in the Townships of
Kockingham, Westminster, Kent [Londonderry,] Putney, and Chester,
and Moveable Estate, formerly belonging to the Persons whose Names
are in the List to this affixed and is by this Court Confiscated to the use
of this State. You will give Deeds in the Name and in behalf of the
Representatives of the Freemen of this State. If the Title was De-
rived from the Government of Newhampshire you will warrant the
Purchaser the said Newhampshire Title and if the forfeiture had only
the Newyork Title where there is no Hampshire Grant on said Lands
you will sell the Possession and Imorovement only except in the Town
of Kent [Londonderry]. You will not sell on any other Terms than for
cash Down except you first have Liberty from this Court. You will
take care to sell to Persons who are known friends to this and the
United States and such persons as are Disposed to settle and Improve
the Lands soon. Such of Said Lands &c. as are by Bargain or Lease
actually Made by any of the Commissioners of Sequestration Let out to
any person or Persons for any Term of Time, You will sell under such
Incumbrances making such Reserves as will be necessary to Keep good
the Bargain or Lease of said Commissioner of Sequestration. You will
take all proper means to make public that you have such Lands to sell.
You will take the advice of the Selectmen of the Town where you sell
Lands &c. in that [what] manner it is best to sell before you Determine
the sale of any of the aforesaid Lands &c. You will take care to asser-
tain the Bounds and Quantity of the Lands you sell in the Deeds you
give. You will take care to Obtain all the writings that Did belong to
the Persons whose Names are in the annexed List in Order to enable
you to assertain the proper title to the Lands as also the Debts and
Credits of said persons; if any person or persons within this State is by
you suspected to have in Custody or have any knowledge of any papers
that Did beloug to any of said persons, you are hereby impowered by a
summons or warrant to call him or them before some assistant [Council-
lor] or Justice of the Peace & examine him or them under Oath relative to
the Matters. You will take a Certificate on Oath from the persons to
whom you sell Lands &c. Certifying the exact sums of money they pay
unto you For any of the aforesaid Lands &c. also assertaining the Bounds
and Quantity, in what Town & what part of the Town and who was the
forfeiter. You will mention in the Deeds you give the exact sum you
receive. The aforesaid Certificate [you] will Transmitt to this Court for
Record. You will Lodge the monies arising from such Sales together
with such monies as you Collect being Due by Bond. Note or Otherwise,
to such persons, which Debts you are hereby Authorized to Collect,
with the Treasurer of this State or his Substitute, and after you have
sold the whole of the Estate of any of the aforesaid persons you will
apply to the Gov- of this State or any one Member of this Court who
shall appoint Two Respectable Freeholders of this State Commissioners
who shall advertize the Creditors of said Estate or Estates in the Hart-
ford [Connecticut] Newspapers three weeks successively at least one
Month before they shall meet of the time and place of their Meeting,
their Business, and [notifying them] to briug in their accounts [against]
Estate or Estates; Also set "up a Copy of said Advertisement in some
Public Place in the Town where the person Last Resided when said
Commissioners will sit to find & examine the accounts against said Es-
tates & Determine the Just Debts Due from such Estate or Estates and a
True List of them to you Deliver which List together with a List of the
Collectable Debts Due to the forfeiter you will forthwith Transmitt to
the Treasurer of this State. Said meeting you will attend in behalf of
this State. Seid Commissioners to be paid a Reasonable Reward for

104 Governor and Council — October 1795.

their services. You will Keep a Just and True account of the Time
and Money you spend in performing the Business herein enjoined on
you and exhibit the same to this Court for settlement.

Thomas Chittenden Govr-
Bennington February the 23 Day A. D. 1779.

The foregoing is A true Copy of the Original Commission & Direc-
tions therein Contained as given to me & ordered to be Recorded by his
Excellency the Governor. Attest, Truman Squier Secretary.

A True List of Tories Names Upon the Back of said Commission Viz.
Col James Rogers: Kent.
Capt. Timothy Lovil — Rockingham.
Crean Brush ~)

William Patterson >■ Westminster.
Samuel Gale )

William Smith ) ^T
Thomas Smith \ NewyorK,

Attest, Truman Squier Secretary.1

Windsor Tuesday Oct. the 27 Day A. D. 1795.
Debenture of Council for Windsor October Session A. D. 1795.

His Honor

Miles

Day

£.

S.

D.

the Lieuft. Govr-

Travel.

Att.

Jonathan Hunt

55

20

19

16

8

& the Honorable

Samuel Safford

90

13

8

13

9

John Strong

90

20

11

15

0

Ebenezer Walbridge

90

20

11

15

0

Luke Knoulton

48

20

10

7

0

Ebenezer Marvin

150

20

13

15

0

Paul Brigham

22

20

9

9

8

Jonas Galusha

85

20

11

11

8

Gideon Olin

87

20

11

13

0

John White

125

20

12

18

4

Cornelius Lynde

55

20

10

11

8

Elijah Robinson &

10

20

9

1

8

Samuel Williams

45

20

10

5

0

Esquires Councillors.

Truman Squier Sec'ry

70

20

11

6

8

& William Sweetser Sheriff

20 '

7

10

0

£173: 10: 0

[170: 10: 1]

Attest, Truman Squier Secretary.

The End of Windsor Oct. Session for the year A. D. 1795.

xThe foregoing copy of a commission of sequestration doubtless was
ordered to be recorded by Gov. Chittenden, as embracing the reasons
for his dissent to the surrender of the land of Col. Rogers in Kent [Lon-
donderry.]

TWENTIETH COUNCIL.

OCTOBER 1796 TO OCTOBER 1797.

Thomas Chittenden, Williston, Governor.
Paul Brigham, Norwich, Lieut. Governor, and Acting Gov-
ernor from Aug. 25 until Oct. 16 1797. 1

Councillor,

Samuel Safford, Bennington,
John Strong, Addison,
Luke Knoulton, Newfane,
Ebenezer Marvin, Franklin,
Paul Brigham, Norwich,2
Jonas Galusha, Shaftsbury,
Gideon Olin, Shaftsbury,

Truman Squier, Manchester, Secretary.
Jonathan Bell, Rutland, Sheriff.

John White, Georgia,
Cornelius Lynde, Williamstown,
Elijah Robinson, Weathersfield,
Samuel Williams, Rutland,
Wm. Chamberlain, Peacham,
Stephen Jacob, Windsor.8

BIOGRAPHICAL NOTICES.

Gen. William Chamberlain, born at Hopkinton, Mass., April 27
1753, removed with his father to Loudon, N. H., in 1773; volunteered in
the army in 1775, and served as orderly sergeant in the invasion of Can-
ada, suffering all sorts of privations, and being one of the nine officers
and privates, out of a company of seventy, who survived to take part in

*Gov. Chittenden died on Friday, Aug. 25 1797. It has been stated
that he resigned his office previous to his death; but this is an error,
Gov. Chittenden's address to the freemen in July, 1797, being simply a
notice that he would not be a candidate for re-election. Gov. Chitten-
den did not attend the adjourned session in February 1797, and Lieut.
Brigham presided over the Council during the session.

2 Elected Lieut. Governor, in Grand Committee, Oct. 14 1796.

3 Elected Councillor, in Grand Committee, Oct. 15 1796, vice Brio-ham
promoted.

106 Biographical Notices.

the battle of Trenton, N. J. At the expiration of his enlistment he re-
turned to New Hampshire, but on Burgoyne's invasion he again
volunteered, and was in the battle of Bennington, from which he is said
to have brought away some trophies of personal combat with his ene-
mies. About 1780 he removed to Peacham, being then clerk of the pro-
prietors of the town. He was town clerk twelve years; justice of the
peace twenty-four years; town representative in 1785, 1787 until 1796,
in 1805, and 1808— twelve years; Chief Judge of Caledonia County
Court 1787 until 1803, and again in 1814 — seventeen years; Councillor
from 1796 until 1803— seven years; Lieutenant Governor 1813 to 1815;
a delegate to the Constitutional Conventions of 1791 and 18L4; a Presi-
dential Elector in 1800; and a Member of Congress two terms, 1803-5,
and 1809-11. He died Sept. 27 1828. In private life he was upright, a
friend of order, learning, and religion. He lived to see the wilderness
become a cultivated and populous region, and as a matter of far higher
moment to himself, closed a long, useful, and eventful life on earth in
humble trust of a betier life in heaven. — Vt. Historical Magazine. Yol. I,
p. 363; Deraing's Catalogue; and Vermont Legislative Directory.

Stephen Jacob, an attorney, born in Sheffield, Mass., and a graduate
of Yale college in the class of 1778, appeared first in the records of Ver-
mont as poet at the first celebration, in 1778, of the battle of Bennington.
He was a representative in the General Assembly for the town of Wind-
sor in 1781, which office he held in 1788 and 1794. He served also as
Clerk of the House in 1788 and 1789. He was a member of the first
Council of Censors in 1785, and a delegate in the Constitutional Conven-
tion in 1793. He was Chief Judge of Windsor County Court from
1797 until 1801, and Councillor from 1796 until 1802. He distinguished
himself for courage and energy in quelling the attempted insurrection
in Windsor county in 1786, and in 1789 he was appointed one of the
Commissioners to settle the controversy with New York, and he served
in that delicate and important business. He died in February 1817, aged
sixty-one.— Ft Hist. Soc. Collections, Yol. I, pp. 254, 265 ; B. H. Hall's
Eastern Vermont; Deming's Catalogue, and Vermont Legislative Directory.

Governor and Council — October 1796. 107

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT RUTLAND,

Oct. 1796.

State of Vermont.

At a Meeting of the Governor & Council at their Annual Oct. Session
begun and Held at Rutland on the thirteenth day of Oct. A. D. 1796,
Present, His Excellency Thomas Chittenden Esq'1 Gov'r- His Honor
Jonathan Hunt Esqr- Lieut. Gov'r & the following Members of the
Hon. Council Viz. Samuel Safford, John Strong, Luke Knoulton,
Ebenezer Marvin, Paul Brigham, Jonas Galusha, Gideon Olin, John
White, Cornelius Lynde, Elijah Robinson, & Samuel Williams, Coun-
cillors. Truman Squier Se^'y- & Jonathan Bell Sheriff.

A Bill from the House appointing a Committee consisting of Two
Members from each County for the purpose of sorting and Counting the
Votes of the Freemen for a Governor, Lieut. Gov- Treasurer, & Council,
Members Chosen Mess'rs Dewey, Bradley, Cutler, Bridgman, Osgood,
Spencer, Gallup, Morris, Painter, Thompson, Farrand, Sias, Stanton. &
Sheldon. Read & Resolved that Judge Safford, Williams, Strong, White,
Lynde, Robinson, and Knoulton be appointed to Join said Committee,
which said Committee were Duly Qualified by his Excellency the Gov'1
to their Respective Duty as such.

Attest, Truman Squire Sec^y- »

The above Committee reported to the Gen'rl Assembly the following
Gentlemen Duly elected to their respective Offices for the year ensuing
and as follows to wit — His Excellency Thomas Chittenden Esqr- Gov-
ernor— No Lieu'1 Gov'r Chosen — The Hon. Samuel Mattocks Esqr- Treas-
urer, And the following Members of the Hon. Council Viz. Samuel
Safford, John Strong, Luke Knoulton, Ebenezer Marvin, Paul Brigham,
Jonas Galusha, Gideon Olin. John White, Cornelius Lynde, Elijah Rob-
inson, Samuel Williams, & William Chamberlin Esquires, Councillors.2

Adjourned Untill 9 Oclock to Morrow Morning.

'From the Rutland Herald of Oct. 17 1796:

Thursday last being the day appointed by the constitution, for an-
nouncing the choice of governor, lieutenant governor, [treasurer,] coun-
cil, and representatives, the gentlemen returned to serve for the present
year, assembled in this town. Having taken the necessary oaths, they
were escorted to the meeting-house at 12 o'clock by Capt. Mead's com-
pany of light infantry, where a judicious and well adapted discourse was
delivered by the Rev. D. [Dan] Kent, of Benson, from Luke xvi, 10.
He that is faithful in that which is least, is faithful also in much: And he
that is unjust in the least, is unjust also in much.

2 Truman Squier, Secretary, and Jonathan Bell, Sheriff] are added on
the record. They were officers of the Council, but their names did not
belong to the report of the Committee of canvassers.

108 Governor and Council — October 1796.

Friday Oct. the 14 Day A. D. 1796.1

Met according to adjournment.

The Hon. Members of the Council were respectively Qualified by
Oath to their Offices as Councillors by his Excellency the Governor.

His Excellency the Gov'r was pleased to reappoint Truman Squier
Secr'y to the Gov'r & Council for the year Ensuing, who was Duly sworn
to that Office.

An Official Letter from Lord Dorchester to his Excellency the Gov,r
Demanding some fugitives from Justice agreable to the 27 Article of the
Late treaty made with Great Britain, also Necessary Documents prov-
ing them fugitives, which were Bead and Ordered to Lye — Also an
Official Letter from the Secretary of State to his Excellency favouring
the above request, with the President's Opinion thereon.2

Adjourned Untill 2 Oclock in the afternoon.

Met according to Adjournment.

A Bill from the House appointing a Committee consisting of one
Member from each County for the purpose of making an Arrangement
of the Business for the present Session, Members chosen Messrs Baker,
Rust, Spencer, Emmons, Linsley, Edson & Stanton ; read and Resolved
that Judge Williams, Olin, & Lynde be appointed to join said Commit-
tee.

A Bill from the House requesting the Gov'r & Council to join in Grand
Committee this Afternoon for the purpose of electing a Lieut. Gov"r.
Resolved to Join accordingly.

The Gov'r & Council proceeded to the House and after Joining in
Grand Committee for the purpose aforesaid made choice of the Hon.
Paul Brigham Esq'r for the Lieun Gov1r who was Qualified by Oath to
said Office for the year ensuing.

Adjourned Untill 9 Oclock to Morrow Morning.

Saturday Oct. the 15 Day A. D. 1796.

Met according to adjournment.

A Bill from the House requesting the Gov'r & Council to Join in
Grand Committee for the Purpose of choosing the Judges of the Supreme
Court — Read & Resolved to Join accordingly. The Gov'r & Council then
proceeded to the House and Joined in Grand Committee when by the
Joint Ballotts of Both Houses the Hon. Stephen Jacob Esqr- was elected
a Councillor to fill the Vacancy of the Hon. Paul Brigham Esq. pro-
moted, & the Hon. Isaac Tichenor Esqr- as Cheiff Judge & the Hon.
Enoch Woodbridge & Lott Hall Esquires as Side or Assistant Judges to
the Supreme Court for the year ensuing.

A Letter from Gov'"' Robinson to His Excellency, communicating his
Resignation of his Office as Senator, [was] Read, & Resolved that the
same be communicated to the House by the Secretary of Council.3

A Petition from Jason Richardson & others of Woodstock praying for
a Lottery for the purpose of Building a Bridge over Water Queche
River in said Woodstock, Read & by the House referred to Messrs. Brad-
ley, Henry, Horton, Curtis, Linsley, Davis, & Peckham, to Join a Com-
mittee from Council &c. Read & Resolved that Mr Robinson be ap-

^he Assembly Journal of this morning states:

His excellency the Governor and council being present, the throne of
grace was addressed by the Rev. Mr. Heman Ball.

2 See Appendix G.

3 See Appendix C.

Governor and Council — October 1796. 109

pointed to Join said Committee & be stiled the Lottery Committee from
Council &c.

The Petition of Timothy Morsman & others praying for a Grant of
Land or Gore Lying between Summerset and Stratton and that the same
be annexed to Stratton &c. Read & by the House referred to Messrs.
Sherman, Castle & Crafts &c. to Join a Committee from Council &c.
Resolved that Mr Williams be appointed to Join said Committee.

A Petition for annexing a part of the Town of Windham to London-
derry, and the Remonstrance against it, Read and by the House referred
to Messrs. Curtis, P. Wright, & Porter to Join a Committee from Council,
Resolved that Judge Galusha be appointed to Join said Committee.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

A Bill from the House requesting the Gov'r & Council to Concur with
the House in proceeding on Tuesday Morning next at 9 Oclock in the
forenoon to make their several nominations of a Senator to Represent
this State in the Senate of the United States, Read & Concurred.

Adjourned Untill Monday next at 9 Oclock in the Morning.

Monday Oct. the 17 Day A. D. 1796.

Met according to adjournment.

An act regulating the Taxation of Costs in Certain Cases therein
mentioned, brought in Last Session with an amendment subjoined by
their said Committee for that purpose, being Read and Referred to the
next Session of Assembly and being taken up again & read & by the House
referred to Messrs. Davis, Linsley, & Spencer, to Join a Committee from
Council, Resolved that Judge Olin be appointed to Join said Committee.

A Lottery Petition of Sundry Inhabitants of Castleton, Hubbardton,
& Sudbury, praying for a Lottery to raise one thousand Dollars for the
purpose of making an Inprovement upon the Public roads from Ben-
nington thro' Manchester & Directly thro' Castleton, Hubbardton,
Sudbury & so on in the most direct route to Middlebury, Read and by
the House referred to the Lottery Committee to Join a Committee from
Council, Resolved that the Lottery Committee from the Council Join
said Committee.

A Petition for a Lottery to raise four Hundred Dollars for the pur-
pose of Building a Bridge over White River, Read and by the House
referred to the Lottery Committee to Join the Lottery Committee from
the Council. Resolved to Join accordingly.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The Petition of William Hazeltine of Rockingham in the County of
Windham setting forth his Misfortunes in being wounded in the Last
war in the service of the United States, to wit at the Bennington battle,
praying the assistance of the Legislature of this State to cause him to be
put upon the Pension List, Read and by the House referred to Messrs.
P. Wright, Josiah Arms, Abel Stephens [Stevens,] Safford, Claghorn,
Barron, & Sheldon, to Join a Committee from Council, Resolved that Mr-
Galusha be appointed to Join said Committee.

The Petition of the Selectmen of Pomfret praying for Liberty to enter
an Appeal in the County Court within and for the County ot Windsor
from an Order of Removal of a Poor Person removed from Woodstock
to said Pomfret the said appeal not being entered in Due time, Read
and by the House referred to Messrs. Wait, Enos Stevens, & Ephraim

110 Governor and Council — October 1796.

Wheelock, to Join a Committee from Council, Kesolved that Mr Olin be
appointed to Join said Committee.
Adjourned Untill 9 Oclock to Morrow Morning.

Tuesday Oct. the 18 day A. D. 1796.1

Met according to adjournment.

The Hon. Stephen Jacob Esqr- arrived and took his seat in Council
after taking his Oath of Office.

The Council agreable to the Order of the Day proceeded to Nominate
a Person to represent this State in the Senate of the United States, when
the Hon. Isaac Tichenor Esquire had a Majority of Votes. The Council
then proceeded to [nominate a person] to fill the Vacancy in the Senate
of the United States Occasioned by the Resignation of the Hon. Moses
Robinson Esqr- when the Hon. Nathaniel Chipman Esqr- had a Majority
of Votes; the Council then proceeded to the House with their Nomina-
tions made in manner aforesaid & when Compared with the Nomina-
tions of the House it appeared they Did not agree in the Last Nomina-
tion made for filling the Vacancy & the Joint Ballotts of both Houses
being taken the Hon. Isaac Tichenor Esquire was Duly elected.2

A Petition from sundry of the Inhabitants from [of] the Towns of
Pittsford, Brandon, Chittenden, and Philidelphia [part of Goshen and
Chittenden,] praying that a Town may be sett off from the several
Corners of said Towns and Incorporated by an act of the Legislature,
being read and bjr the House Referred to Messrs. [Josiah] Fletcher,
Jabez Foster, & Edson, to Join a Committee from Council, resolved that
Mr- Chamberlain be appointed to Join said Committee.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

A Letter of resignation from the Hon. Joseph Marsh Esqr- was read&
Resolved that the same be Communicated to the House.3

Adjourned Untill 9 Oclock to Morrow Morning.

Wednesday Oct. the 19 Day A. D. 1796.

Met according to adjournment.

An act protecting Daniel King from Civil Arrests During the Present
Session having passed the House, Read & Concurred.

The Govr- & Council then proceeded to the House and Joined in Grand
Committee for the Purpose of receiving the County Nominations.

Adjourned Untill 9 Oclock to Morrow Morning.

Rutland Thursday [Oct.] the 20 Day A. D. 1796.
Met according to adjournment.

The Petition of a Number of Persons praying for the exclusive right
of a Turnpike road from Bennington to Willmongton and for an act of

xThe Governor and Council joined the House in the morning of this
day, when Gov. Chittenden delivered his last speech to the General As-
sembly, for which see Appendix C.

2 That is, Mr. Tichenor was elected for both the vacancy and the full
term.

* See Appendix C.

Governor and Council — October 1796. Ill

Incorporation in their favour, Read and by the House referred to Messrs.
Dewey, Z. Curtis, Burt, Gallup, & Osgood, to Join a Committee from the
Council, Read & Resolved that Mr- Galusha be appointed to Join said
Committee.

An act Discharging Calvin Knoulton from the payment of a Certain
Note therein mentioned having passed the House, Read and Concurred.

A Resolution of the Gov'r & Council that the General Assembly be
requested to Join in Grand Committee this forenoon for the purpose of
filling the Vacancy Occasioned by the Resignation of the Hon. Isaac
Tichenor Esq1-- as Chief Judge in the Supreme Court, [was ordered to be
communicated to the House through the Secretary. *]

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

The resolution of the House requesting his Excellency to Appoint the
first Thursday of December next to be Observed as a Day of Public
Thanksgiving and Praise throughout this State Read and approved of
& Resolved that Mr Jacob and Robinson be appointed a Committee to
make a Draft for a Proclamation.

The Petition of Gen'rl Roger Enos setting forth that he is now con-
fined in Woodstock Goal upon a writ of execution in favour of this State
for the sum of five hundred pounds against him & that he Does not owe
more than one hundred Dollars in the New England States and not
more than the same sum to this State which he cou'd have shown had
he had Sufficient Opportunity at the time of Trial to have shown it
but being out of this State at that time Judgment passed against
hiai for the full sum aforesaid, therefore prays Le may be Liberated from
his Confinement for the space of one year that he may show to the
Treasurer of this State that he Does not owe more than one hundred
Dollars Instead of five hundred pounds, Read and by the House Refer-
red to Messrs. Dewey, Linsley, & Spaflbrd, to Join a Committee from the
Council, Resolved that Mr White be appointed to Join said Committee.

An act for paying Samuel Walker Twenty six pounds eighteen shil-
lings having passed the House, Read & Concurred.

An act establishing a Jurisdictional Line between Salisbury and Lei-
cester having passed the House, Read and Concurred.

The Petition of the Inhabitants of Marlborough setting forth that the
Legislature of this State at their October Session in the year A. D. 1794
passed an act Declaring all the Lands heretofore granted to the Society
for the Propagation of the Gospel in foreign parts to be the property of
this State and Did at the same time Appropriate the same to the use of
the several Towns where the Lands Lie for their Schools, and there
being no such Lands in said Marlboro' but there being a small Gore of
Land between said Marlboro' and Newfane to the amount of about Eight
hundred Acres of Land Ungranted, therefore the Petitioners pray for a
grant of said Land For the use and benefitt of a School or Schools in
said Marlboro; Read & by the House referred to the Committee ap-
pointed on Timothy Morsman & others Petition, Resolved that it be
referred accordingly.

Gen'rl Philip bctiuyler"s Letter as President of the Directors of the
Western Company [Northern Inland Lock Navigation Company,] to

1 For the letter of Mr. Tichenor, accepting the Senatorship and resign-
ing as Chief Justice, see Appendix C.

The two Houses subsequently met in Grand Committee and elected
Nathaniel Chipman Chief Justice of the Supreme Court, vice Tichenor
resigned.

112 Governor and Council — October 1796.

His Excellency the Gov'r Soliciting the Aid of this State in the Internal
Lock Navigation from Skeensborough [Whitehall, N. Y.,] to Hudson's
River being Officially Communicated to the General Assembly, Read
and Referred to Mr" Dewey, Lyon, Gallup, Arms, Thompson, Farrand,
& Sheldon, to Join a Committee from Council, Resolved that Messrs.
Knoulton & Strong Join said Committee.'

An act empowering Joel Linsley & Jeremiah Bingham to Deed Land
in a Certain case therein mentioned, Read & Concurred with proposals
of Amendment.

The Petition of North & South Heroes, Alburgh, & Isle Mott, praying
that They may be sett off into a New County, Read & by the House
referred to Messrs. Sol. Wright, Fisher, Chauncey Smith, [Flynn,] Ebenr-
Wheelock, & Porter, to Join a Committee from Council &c. Resolved that
Messrs. Robinson & Williams be appointed to Join said Committee.

Adjourned Until 9 Oclock to morrow Morning.

Friday Oct. the 20 A. D. 1796.

Met according to adiournment.

The Petition of a Number of the Inhabitants of the Town of Cavin-
dish praying for an appeal [repeal] of the Act of Incorporation of the
Academy in said Cavindish, with a Remonstrance against the Petition,
being read and by the House referred to Messrs. Lyon, Stanton, Z. Cur-
tis, Hathaway, & Sias, Resolved that Mr Safford be appointed to Join
said Committee.

The Hon'ble Judges of the Supreme Court appeared in Council & took
their several Oaths of Office respectively.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

The request from the General Assembly to his Excellency the Gov'r
that he would not Issue his warrants for an election of a Member to
Congress &c. being taken up, Resolved that his Excellency postpone
Issuing his Warrants accordingly.

Adjourned Untill 9 Oclock to Morrrow Morning.

Saturday Oct. the 22 Day A. D. 1796.

Met according to adjournment.

A resolution from the House appointing a Committee to Join such
Committee as the Council shall please to Appoint to Revise the acts rel-
ative to the Disposition of Monies raised by Land Taxes for the Purpose
of making & repairing roads & Building bridges &c. Read and by the
House referred to Messrs. Gallup, Allis, & Whitney, Resolved that Mr-
Jacob be appointed to Join said Committee.

An act annexing the Town of Craftsbury to the County of Caledonia
having passed the House, Read & Concurred.

An act granting a Tax on Middlesex & Moretown having passed the
House, Read and Ordered to Lye.

The Petition of Abner Miles of Putney in the County of Windham
praying for a New trial in a Cause Decided against him in the Supreme
Court in favour of Isaac Bard in an action of Ejectment, or grant him
releif in some other way in said Cause, being read and by the House re-
ferred to Messrs. Chittenden, Joshua Chamberlain, and Royce, to Join

See Appendix D.

Governor and Council — October 1796. 113

a Committee of Council &c. Kesolved that Judge White and Williams
be appointed to Join said Committee.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment.

A Letter of Resignation from Maj'r Thomas Craige of Westminster to
his Excellency the Gov'r was Read and accepted and Answer ordered to
be made out accordingly.

An act suspending all Civil prosecutions against Abia Colburn of
Hartford in the County of Windsor for the Term of one whole year with
the Petition for that purpose there unto annexed having passed the
House, Read and Ordered to Lye.

The Petition of Elkanah Stevens and others praying to have the
exclusive privilidge of Locking White River &c. being read and by the
House referred to Messrs. [Benjamin] Tupper, [Timothy] Castle, [Tim-
othy] Miller, John Foster, [Edmund] Grandy, [Jonathan] Lewis, &
[Timothy] Holibut [Holabird,] to Join a Committee from Council, Re-
solved that Judge Robinson be appointed to Join said Committee.

The Petition of William Baxter praying for a New trial in the Cause
James Strong & Eddy Coy against him in the County Court within & for
the County of Windsor being read and by the House referred to the
same Committee that it appointed on Abner Miles's Petition, Resolved
that Messrs. White and Williams be appointed to Join said Committee.

An act in addition to and Repealing a part of an act for Dividing this
State into Districts and pointing out the Mode of Choosing Represen-
tatives to represent this State in Congress having passed the House,
Read and Ordered to Lye Untill Monday Morning next.

The Consideration of the act suspending all civil suits, actions, &c.
against Abia Colburn being again reassumed was Concurred.

Adjourned Untill Monday Morning next 9 Oclock A. M.

Monday Oct. the 24 Day A. D. 1796.

Met according to adjournment.

The Act in Addition to an Act granting a Tax on Middlesex & More-
town having passed the House, Read & Concurred.

The Petition of George Reab praying for a New trial in his Cause
against Abel Stevens in the County Court for the County of Bennington
being Read and by the House Referred to the Committee appointed on
the Petition of Abner Miless &c. Resolved to Join accordingly.

The Petition of Royal Crafts of Rutland praying to have the exclusive
[right] of making and having a Turnpike Road from Finney8 Tavern in
Shrewsbury to and over a Bridge which is erected across Black water
River in Ludlow under such regulations and Restrictions as the Legis-
lature shall Direct &c. being Read and by the House referred to the
Committee Appointed on Samuel Saffords & others [petition] &c. Re-
solved accordingly.

An Act Allowing Constant Brown fifty Dollars &c. having passed the
House, Read and Concurred.

An Act empowering Jeremiah Bingham & Ebenezer Hulburt to sell all
the real Estate of Hiland Hall Esqr &c. having passed the House, Read
and Concurred.

The Petition of Oliver Gallup & others praying for all the Avails of
the Connecticutt River Lottery which remains not expended for the pur-
pose of Appropriating the same on the Post Road on the West side of
Connecticutt River &e. being read and by the House Referred to the
Lottery Committee, Resolved to Join accordingly.

114 Governor and Council — October 1796.

The Petition of Elijah Bennet praying the Assistance of the Legisla-
ture of this State to Help him to Arrears of Pensions previous to his
being put upon the Pension List &c. in Consequence of his being
wounded in the service of the United States &c. having been read and
by the House referred to the Committee appointed on the Petition
of Wm- Hazletine, resolved to Join accordingly.

The Petition of the Selectmen of Manchester praying for the grant of
a Lottery for the Purpose of Making & repairing a Road across the
Mountain from Manchester to Chester &c. being read and by the House
referred to the Lottery Committee, Resolved to Join accordingly.

An act Levying a Tax Upon the County of Addison having passed
the House, read & Concurred with proposals of Amendment.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An Act granting a Tax of one penny half penny per acre on the
Township of Kingston [Granville] for the Purpose of Making & Repair-
ing roads & Building Bridges in said Town, having passed the House
&c. Read and Concurred.

An Amendment being proposed to the Act Levying a Tax Upon the
County of Addison by the General Assembly, Read and Concurred.

Maj. Ebenzer Allen Esq1-- has made Application to his excellency the
Gov'1,1 for a Dismission from the first regiment in the third Brigade of
the Militia of this State. Read and Accepted.

The act in alteration of an act & repealing a part of said act entitled
an act Dividing this State into Districts for electing Representatives
to Congress &c". being reassumed & taken under Consideration agreable
to the Order of the Day, Voted not to Concur.

Adjourned Untill 9 Oclock to Morrow Morning.

Tuesday Oct. the 25 Day A. D. 1796.
Met according to Adjournment.

An act annexing part of the Town of Cornwall to the Town of Mid-
dlebury having passed the House, read and Concurred.
Adjourned Untill 2 Oclock in the Afternoon.
Met according to Adjournment.
Adjourned Untill 9 Oclock to Morrow Morning.

Wednesday Oct. the 26 Day A. D. 1796.

Met according to Adjournment.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment.

The Act in Alteration of an Act & in Addition to said act entitled an
Act Dividing this State into Districts for the purpose of Electing Rep-
resentatives to Congress &c. having passed the House was again reas-
sumed & Concurred with proposals of Amendment.

Adjourned Untill 9 Oclock to Morrow Morning.

Rutland Thursday Oct. the 27 Day A. D. 1796.

Met according to Adjournment.

An act to suspend prosecutions & suits on Civil Contracts against
Edward Fullington &c. having passed the House, read and Concurred
with proposals of amendment.

Governor and Council — October 1796. 115

An act to Direct the County Court in the County of Eutland to enter
the action John Partridge against Robert Knoulton anew &c. having
passed the House, Read & Concurred.

An Address from the House to the President of the United States
requesting the Concurrence of the Govr- & Council, Read & Resolved to
Concur accordingly.1

A Draft for a Proclamation [for a day of thanksgiving] was read &
approved of and Ordered to be printed &c.

An Act Laying a Tax on Windham County, &c. having passed the
House, Read and Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

Resolved that the second Wednesday of April next be Observed as a
Day of Fasting & prayer throughout this State.

Adjourned Untill 9 Oclock to Morrow Morning.

Friday Oct. the 28 Day A. D. 1796.

Met according to adjournment.

His Honor Judge Knoulton moved for Leave of Absence During the
remainder of the Session, which was granted.

A Petition from John Holbrook, Sam1- Dickinson, & Lemuel Whit-
ney, praying for the exclusive privilidge of running a stage from Brat-
tleborough to Hannover in the most Direct route as it passes thro' this
State, Read and by the House referred to Messrs. Z. Curtis, Barron, &
Josiah Arms, to join a Committee from Council . &c. Resolved that
[Lieut.] Gov1"- Brigham Join said Committee.

A Petition for a New Town to be made out of a part of Tinmouth,
Danby, Pawlett, & Wells &c. being read and by the House referred to
Messrs. Baker, Fisher, C. Smith, Perkins, Whitman, Crafts, & Jesse
Arms to Join a Committee From Council, resolved that Judge Olin be
appointed to Join said Committee.

The Petition of the Proprietors of Salem by their Agent James White-
law, praying to be reimbursed for Monies paid into the Treasury for
their grant, which Does not hold out Measure as bounded by their Char-
ter, Read and by the House referred to Messrs. Barron, Peckham, Marsh,
Flyn, Case, Henry and Bradley, to Join a Committee from Council,
Resolved that Messrs. Robinson & Chamberlain be appointed to Join
said Committee.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

A Resolution from the House appointing a Committee to Join a Com-
mittee from Council to confer with the Surveyor General respecting
some Unlocated Lands North of the Line of this State & adjoining the
Province of Canada & that the same be granted to William Coit for one
shilling per acre, which Tract is supposed to Contain 23,040 Acres, Mem-
bers Chosen Messrs. Dewey, Spencer, Perry, Painter, Farrand, Sheldon,
& Burt, Resolved that Judge Marvin and White be appointed to Join
said Committee.2

1 See Appendix H.

2 William Coit jof Burlington represented to the General Assembly
that he had examined the supposed north line of the State, and had con-
ferred "with Mr. Collier [Collins,] then late deputy surveyor of the
province of Canada, who made said line," and found the line verging so

116 Governor and Council — October 1796.

An act Directing the Clerk of Windsor County Court to enter a Cer-
tain action on the Docquet of said Court &c. having passed the House,
Read and Concurred.

An act granting a suspension of prosecution against Daniel King &c.
having passed the House, read & Concurred.

An act in addition to an act entitled an act to enable the Landowners
of the Town of Fairlee &c. having passed the House, read and Con-
curred.

An act to erect a part of Fairlee in the County of Orange into a sep-
arate Parish &c. having passed the House, Read and Concurred.

The Proprietors of Pittsfield prayer for Compensation &c. being read
& by the House referred to the Committee appointed on James White-

far south of the forty-fifth degree of north latitude as to embrace within
Canada lands really belonging to Vermont, in quantity as above set
forth. The committee heard Mr. Coit, and, after consulting Surveyor
General Whitelaw, reported that they could not ascertain that there was
any vacant land, as alleged in the resolution, and that it was "not
eligible for the legislature at present to take any measures respecting
the same" ; whereupon the House ordered the resolution to be with-
drawn.— See printed Assembly Journal for 1796, pp. 113, 114, 133. By
the treaty of Washington of 1842, on boundaries, the line run by "Col-
lins and Valentine previous to 1774'' was agreed upon as the boundary
line, and commissioners were provided for to mark the line. The joint
report of these commissioners, made April 20 1848, says:

The line of Valentine and Collins was explored and found by the
blazes still remaining in the original forest. Upon cutting into those
blazes, it was seen, that, deep seated in the tree, there was a scar; the
surface of the original blaze slightly decayed; and, upon counting the
rings, (which indicate each year's growth of the tree,) it was found that
the blazes dated back to 1772-'3 and '4. The line of Valentine and Col-
lins was run in 1771-"2-'3, and '4. The coincidence of the dates of the
blazes with those of the above line, confirmed by the testimony of the
people of the country, satisfied the undersigned that the line they had
found was that mentioned in the treaty. Along this portion of the
boundary, which is known as the 45th° of Valentine and Collins, and
which extends from Hall's stream, [north-east corner of Canaan,] to St.
Regis, there are several interruptions to the blazes, in those parts where
clearings have been made; and there the authentic marks of the precise
situation of the old line have been lost. In those cases, the undersigned
have drawn the boundary line straight from the original blazes on the
one side of a clearing to the original blazes on the other side of the same
clearing. It cannot be positively stated that the line, as it has been
traced through those clearings, precisely coincides with the old line;
but the undersigned believe that it does not differ materially from it;
nor have they had the means of determining a nearer or a surer approx-
imation. * * * The boundary along the west line, though very far
from being a straight line, is generally about half a mile north of the
true parallel of latitude 45°, from Hall's stream to Rouse's Point.— Exec-
utive Document J¥o. 71, 30th Congress, 1st Session, pp. 71, 72.

It thus appears that all the maps, which give the northern boundary
of Vermont on or below the parallel of latitude 45°, are erroneous.

Governor and Council — October 1796. 117

law's Petition as agent for the proprietors of Salem, Kesolved to Join
accordingly.

The Hon. Samuel Mattocks Esquire as Principal & the Honbs Nathan-
iel Chipman and John Strong Esquires as sureties appeared in Council
& Acknowledged themselves Jointly and severally holden to the Secre-
tary of State in the penal sum of ten Thousand pounds to be Levied of
their goods, Chattels or Estate; & for want thereof upon their Bodies,
if Default of performance be made in the following Conditions Viz. that
if the said Samuel Mattocks Esquire shall well & Truly execute the
Office of a Treasurer within and for the State of Vermont for the year
ensuing so that neither the Public or any Individual suffers thereby,
then the above said Bond of Recognizance to be Yoid, otherwise to be
in full force & Virtue.

Attest, Truman Squier, Se&-

Adjourned Until] 9 Oclock to Morrow Morning.

Saturday Oct. the 29 Day A. D. 1796.

Met according to adjournment.

Judge Safford is appointed upon the Petition from the Islands praying
to be made into a New County Instead of Judge Robinson.

The act suspending all civil prosecutions against Edward Fullington
being returned with the General Assembly's Noneoncurrence to" the
proposals of amendment made by the Council by Mr Wright their Mes-
senger to assign their reasons; after attending to the reasons assigned,
Voted not to recede & that the Bill be sent back to the House by a Mem-
ber to assign the reasons for the proposed amendment. Resolved that
Mr- Jacob be appointed to return the s'd act.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

An act repealing an act entitled an act to annex part of the Township
of Newhaven to the City of Vergennes &c. having passed the House,
Read and Ordered to Lye.

Adjourned Untill 9 Oclock Monday Morning next.

Monday Oct. the 31 Day A. D. 1796.

Met according to adjournment.

The act repealing an act for annexing part of the Township of New-
haven to the City of Vergennes &c. being again [taken up,] read and
Concurred with proposals of Amendment.

An act Directing the Treasurer to Credit the Town of Hinsdale [Ver-
non] a Certain Sum &c. having passed the House, read & Concurred.

An act Directing the Treasurer to pay the Selectmen of Dumraerston
£13: 2: 6 having passed the House, read & Concurred.

An act to recover Damages in Cases where sheep are killed or
wounded by Dogs &c. having passed the House, Read and Concurred.

An act Dividing the Counties of Orange, Caledonia & Essex &c.
into Probate Districts, &c. having passed the House, Read & Concurred
with proposals of Amendment.

A Bill brought in by Judge White for the purpose of forming the
North hero, Isle la Mot, Alburgh & the Adjacent Islands into a probate
District, Read and by the Council resolved that the same be sent to the
General Assembly to be passed into a Law of this State.

Adjourned Untill 9 Oclock to Morrow Morning.

118 Governor and Council — November 1796.

Tuesday November the 1 Day A. D. 1796.

Met according to adjournment.

A Resolution from the House Appointing a Committee of five persons
to Consist of the Judges of Probate if there be so many in the House to
Join a Committee from Council to take under Consideration an act for
the settlement of Testate and Intestate estates & Report amendments
if they Judge Necessary, Members Chosen Messrs. Bridgman. Perry,
Farrand, Sias, & Marsh, Resolved that Judge Robinson & Strong be ap-
pointed to Join said Committee.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act regulating the Disposition of monies raised by Tax on Lands
in the several Towns &c. having passed the House, Read & Concur-
red with proposals of Amendment.

An act appointing an Attorney General &c. having passed the House,
Read and Concurred with proposals of Amendment.

The above act regulating the Disposition of Monies raised by Tax on
Lands &c. returned Concurred in by the House in all the amendments
except the one to the fourth Section, Resolved to Recede from said pro-
posal &c.

Adjourned Untill 9 Oclock to Morrow Morning.

Wednesday Nov. the 2 Day A. D. 1796.

Met according to adjournment.

A Resolution from the House Appointing a Committee to Join a
Committee from Council to take into Consideration the expediency of an
adjourned Session of the Legislature &' make report there on, Members
Chosen Messrs. S. Wright, Campbel, Lyon, Gallup, Marsh, Edson, &
Stanton, Resolved that [Lieut] Govr- Brigham & Judge Olin be Ap-
pointed to Join said Committee.

The Report of the Committee Upon the Petition of the proprietors of
Salem and the Resolution of the General Assembly thereon being read,
Resolved that the same be recommitted.

An Act Constituting and establishing the Persons therein named as a
Company of Artillery &c. having passed the House, Read and Concurred
with proposals of Amendment.

An Act empowering the Administrators of the Estate of Paul Davison
Late of Hartland Deceased &c. having passed the House, Read and
Concurred.

The Committee appointed upon the Petition of the proprietors of
Salem &c. having requested to be excused and others to be appointed in
their stead, therefore Resolved that Judge Williams & White be ap-
pointed in their stead.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

An Act Adopting the Constitution of this State as the supreme Law
of the Land, [and describing those persons entitled to the privileges of
law and justice,] having passed the House, Read and Concurred.1

Adjourned Untill 9 Oclock Tommorrow Morning.

1 The acts of 1779, 1782, and 1787, adopted the constitution simply as
a part of the laws of the State, but the above act conferred upon that
instrument the higher dignity to which it was and is entitled, to wit,
uas the supreme law of the State." — See printed Laws of Vermont,
1796, p. 3.

Governor and Council — November 1796. 119

Thursday Nov. the 3 Day A. D. 1796.

Met according to adjournment.

An act to raise a Tax on the County of Windsor &c. having passed
the House, Read and Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The resolution of the House informing the Gov- & Council that they
have Concurred in the proposed Amendment to the act entitled an act
Directing the mode of Appointing an Attorney General & State's At-
torneys &c. & their request to Join in Grand Committee at the Opening
of the House This morning to elect an Attorney general &c. which being
read & Considered, Resolved that the request is premature & that no
Attorney General is to be elected by s'd act Untill next October Session
of the Legislature.

An act granting a New Trial to Abner Miles &c. having passed the
House, Read and Concurred with proposals of Amendment.

The act constituting and establishing the Persons therein named as a
Company of Artillery &c. being returned from the House with their
nonconcurrence to the proposal of amendment, [Resolved to rescind
from the within proposal of amendment.]1

His Hon. Judge Strong moved for Leave of Absence During the re-
mainder of the Session, which was Granted.

Adjourned Untill 9 Oclock to Morrow Morning.

Rutland Friday Nov. the 4 Day A. D. 1790.

Met according to adjournment.

A Resolution from the House requesting the Govr- & Council to Join
in Grand Committee for the Purpose of Choosing Electors to Elect the
President & Vice President of the United States, Read & Resolved to
Join accordingly.

A Resolution from the House Appointing a Committee consisting of
three persons to Join such Committee as the Council shall appoint for
the purpose of reporting a Bill to the House Directing the mode of De-
livering up Fugitives who have been Guilty of Offences in the Province
of Canada &c. & have fled into this State &c. Members Chosen Messrs.
Farrand, Marsh, & Lyon, Resolved that Mr- Jacob be appointed to Join
said Committee.2

The Govr- & Council then proceeded to the House to Join in Grand
Committee for the Purpose of Choosing Electors, &c. & when the Bal-
lots of both Houses were Duly taken the following Gentlemen appeared
to be elected by a majority of Votes Viz. Messrs. Elijah Dewey, Elisha
Sheldon, John Bridgman, & Oliver Gallup.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act empowering the proprietors of Newhaven to Lay a Tax &
Pitch their Undivided Lands &c. having passed the House, Read and
Concurred with proposal of Amendment.

An act for the releif of Gen'rl Roger Enos &c. having passed the
House, Read & Concurred.

An act granting a Tax of one penny on the pound on the County of
Orange &c. having passed the House, read and Concurred with a pro-
posal of Amendment.

1 Printed Assembly Journal, Nov. 4, 1796.

2 See Appendix G.

120 G-overnor and Council — November 1796.

An Act Adopting the Common & Statute Law of England having
passed the House, read & Concurred with proposals of Amendment.
Adjourned Untill 9 Oclock to Morrow Morning.

Saturday Nov. the 5 Day A. D. 1796.

Met according to adjournment.

An act granting to Enoch Hall the right of Keeping a Ferry &c. hav-
ing passed the House &c. Read and Concurred.

An act in addition to Isle la Mott Land Tax &c. having passed the
House, read and Concurred.

An act granting a Suspension of prosecutions against Thomas Butter-
field &c. having passed the House, read and Concurred with proposals
of Amendment.

An act empowering the Proprietors of Newhaven in Addison County
to Pitch the Undivided Lands in said Town &c. having passed the
House, read and Concurred with a proposal of Amendment.

An act granting to Reuben E. Taylor [of Alburgh the exclusive right]
to Keep a Ferry &c. having passed the House, Read and Concurred.

.An act Directing the Treasurer to pay the Selectmen of Stockbridge
the sum of ten pounds ten shillings Lawful money for Keeping a Ferry
&c. having passed the House, Read & Concurred.

An act Incorporating Certain Persons therein mentioned a Society by
the name of Bradford Social Library Society having passed the House,
Read and Concurred with proposals of amendment.

An act granting a Suspension of all Civil prosecutions against Daniel
Cross &c. having passed the House, Read and Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act Directing the Treasurer of this State to pay the several sums
of money therein mentioned &c. having passed the House, Read and
Concurred with. a Proposal of amendment,

An act for Notifying Creditors on application [of debtors] for acts of
suspension &c. having passed the Council, Ordered to be sent to the
House for their Revision, Concurrence, and proposals of amendment &c.

A Resolution from the House advising the Gov1-- respecting Lord Dor-
chester8 Request read & Concurred.1

A Charter was made out in favour of Jonathan Parker Jun. Esqr- &
Laid before the Govr- for his Signature & agreeable to the Resolution of
the Council it was Duly executed.

Adjourned Untill 9 Oclock Monday Morning next.

Rutland Monday Nov. the 7 A. D. 1796.

Met according to adjournment.

An act empowering Gideon D. Cobb & Ebenezer Cobb Administra-
tors to Deed Lands &c. having passed the House, Road and Concurred.

An act regulating the pay of the Council & General Assembly for the
year A. D. 1796, Read and Concurred with proposals of amendment.

A Resolution from the House appointing a Committee consisting of
one member from each County to Join such Committee as the Council
shall appoint to make a Distribution of the hard money in the Treasury
& assertain what sum each Member of both Houses shall receive in [hard
money and] hard money Orders &c. Read and Concurred with propo-

See Appendix G.

Governor and Council — November 1796. 121

sals of amendment &c. & the House agreeing to the proposed amend-
ment made by the Council & the same has passed into a Law of this
State. x

A Resolution from the House Appointing a Committee of three to
Join a Committee of Council To report an act of appropriation for the
year ensuing being read, Resolved that Mr. Jacob Join said Commitee.

An act enabling Towns to Tax themselves &c. having passed the House
Read & Concured with proposals of amendment.

Adjourned Untill [2] Oclock in the afternoon.

Met according to adjournment.

An act granting a Tax of 2d on each acre of Land in the Township of
Ferrisburgh &c. having passed the House, read & Concurred.

An act assessing a Tax of one penny on each acre of Land in Georgia
and 2d on each acre of Land in Snt Albans &c. having passed the House,
Read & Concurred.

An act assessing a Tax of 2d on each acre of Land in the Town of
Hinesburgh having passed the House, Read and Concurred.

An act assessing a Tax of one penny per acre on the Lands in Sheffield
&c. having passed the House, Read & Concurred.

An act assessing a Tax of one penny per acre on the Lands in Crafts-
bury, &c. having passed the House, Read & Concurred.

An act assessing a Tax of Two pence on each acre of Land in the
Town of Cambridge &c. having passed the House, Read and Concurred.

An act granting a Tax of one penny on each acre of Land in the
Town of Underbill &c. having passed the House, Read and Concurred.

An act granting a half penny Tax on each acre of Land in the Town
of Underhill [Roxbury] &c. having passed the House, Read & Concur-
red.

An act granting a Tax of Two pence on each acre of Land in the
Town of Enosburgh &c. having passed the House, Read & Concurred
with proposals of amendment.

An act granting a Tax of Two pence on each acre of Land in the
Town of Woodford having passed the House, Read and Concurred with
proposals of Amendment.

An act granting a Tax of Two pence on each acre of Land in the
Town of Ferdinand &c. having passed the House, Read & Concurred
with proposals of Amendment.

An act for granting a Lottery to raise Money to make a Road from
Castleton to Middlebury &c. having passed the House, Read & Con-
curred.

An act granting a Lottery to raise four hundred Dollars for the Pur-
pose of Building a Bridge over White River &c. [in Stockbridge,]
having passed the House, Read and Concurred with proposals of amend-
ment.

An act Directing the State's Attorney for the County of Rutland to
pay to Titus Watson & Reuben Stevens the several sums therein men-
tioned having passed the House, Read & Concurred.

An act assessing a Tax of one penny on each acre of Land in the
Town of Brownington &c. having passed the House, Read and Con-
curred.

An act Directing the Treasurer to pay to the Selectmen of the North
hero £31 4 3 having passed the House, Read & Concurred.

'The resolution provided simply for a distribution of funds to pay the
debenture of the Governor, Council, and Assembly, and of their officers.

122 G-overnor and Council — November 1796.

An act granting to David Maxfield the exclusive right of Keeping a
Ferry from Georgia to Southhero &c. having passed the House, Read &
Concurred.

An act Directing the Treasurer to pay the Selectmen of Londonderry
Nineteen Dollars &c. having passed the House, Read and Concurred.

Adjourned Untill 9 Oclock to Morrow.

Tuesday Nov. the 8 Day A. D. 1796.

Met according to adjournment.

An act granting a Suspension of prosecutions against Harding Wil-
liard &c. having passed the House, Read and Concurred.

An act granting a Tax of Two pence on the pound on the County of
Chittenden &c. having passed the House. Read and Concurred.

An act granting Two pence on each acre of Land in the Town of
Duncansborough [Newport] &c. having passed the House, Read and
Concurred.

An act Laying a Tax of one cent and a half on each acre of Land in
the Town of Lunenburgh &c. having passed the House, Read & Con-
curred.

An act granting Two pence on each acre of Land in Huntsburgh
[Franklin] &c. having passed the House, Read & Concurred.

Mr Isachar Reed presented his bill for the use of his Chamber, Fire-
wood, & Candles for the Govr- & Council During the present Session
which was £3: 12: 0 — Read and approved of.

An act empowering Grove Moore Esqr- & Fanny Baker to sell all the
real estate of Pemberton Baker Deceased having passed the House, Read
& Concurred with proposals of Amendment.

An Act Directing the Treasurer of the State to Credit the Town of
Vershire the sum of £2: 12: 2 having passed the House, read & Con-
curred.

The Council have rescinded [receded] from the proposal of amend-
ment to the Bill Directing the Treasurer to pay the Clerks the several
sums therein mentioned &c. & have Concurred in s'd Bill.

An act assessing a Tax of one penny per acre on the Lands in the
Town of Whitingham &c. &c. having passed the House, Read and Con-
curred.

An act Directing the Treasurer to Credit the Towns of Monkton and
Fairhaven certain sums as therein mentioned, having passed the House,
Read & Concurred.

An act granting a Tax of one penny per Acre on all the Lands in the
town of Saltash [Plymouth,] having passed the House, Read and Con-
curred.

An act granting a Tax of one penny on each acre of Land in the Town
of Marshfield &c."having passed the House, Read and Concurred.

An act granting releif to James Greenlief & Udney Hay &c. having
passed the House, Read and Concurred.

An act to Rectify the Errors committed in the Records of the Propri-
etors of the Town of Underhill &c. having passed the House, Read &
Concurred.

An act appointing a new Committee & Collector in the Town of John-
son &c. having passed the House, Read and Concurred.

An act granting a Lottery to raise 500 Dollars for the Purpose of
making a Road over the Mountain &c. having passed the House, Read
& Concurred with proposals of amendment.

Adjourned Untill 2 Oclock in the afternoon.

Governor and Council — November 1796.

123

Met according to adjournment.

An act assessing a Tax of 4 Cents on the pound Upon all the Polls &
Eateable estate Included in the Grand List for the year ensuing &c. hav-
ing passed the House, Kead & Concurred.

An act making Appropriations for the year ensuing &c. having passed
the House, Read and Concurred in the proposals of amendment.

Information is Given by the Clerk of the House that the Law repeal-
ing an act making Rutland & Windsor the Temporary seats of the Gov-
ernment &c. is repealed — [repassed by the House, notwithstanding the
objection of the Governor and Council.]

The act making the Appropriations came from the House and the
Council Rescinded [receded] from their proposals of amendment & made
a new proposal of amendment that Mr Tollman [the engrossing Clerk] be
allowed 2 Dollars [for firewood, candles,] &c.

An act Organizing the Counties of Franklin & Caledonia having
passed the House, Read & Concurred.

An act Directing the Treasurer to pay Joel Hambleton [Hamilton]
the sum therein mentioned &c. having passed the House, Read and
Concurred.

An act Authorizing the Judge of Probate for the District of Caledonia
to empower W. C. Arnold & James Whitelaw to Give Deeds &c. having
passed the House, Read & Concurred.

An act granting a sum of money as therein mentioned to Stephen
Clark &c. having passed the House, Read and Concurred.

An act granting releif to the several Town Clerks in the County of
Chittenden having passed the House, Read & Concurred with proposals
of amendment.

An act empowering the administrator to the Estste of Nathan Del-
ano to Sell certain Lands &c. having passed the House, Read & Concur-
red.

An act granting a New Trial to Smith & Rowley [William Smith,
Gideon Smith, and Aaron Rowley, of Panton,] &c. having passed the
House, Read & Concurred.

An act appointing an additional Committee to the Committee already
appointed for the Revision of the Laws &c. having passed the House,
Read & Concurred.

An act Directing the Treasurer of the County of Chittenden to Re-
ceive of Aaron Rowley, Collector, certain orders [drawn on the treasury]
&c. having passed the House, Read and Concurred.

An act granting a Tax of one penny on each acre of Land in the Town
of Salem &c. having passed the House, Read & Concurred.

An act granting a Tax of 2d on each acre of Land in the Town of
Swanton having passed the House, Read & Concurred.

Adjourned Untill the second Tuesday ot February next which will be
in the year of our Lord A. D. 1797.

A Debenture of Council for Rutland October Session A. D. 1796.

Their Honors the Lieut.

Governors
Jonathan Hunt
& Paul Brigham

and the Honorable
Samuel Safford
John Strong
Luke Knoulton
Ebenezer Marvin

Travel

Days

Miles.

L.S.D.

Att.

L.

S.

80

2:13:4

1

0

18

50

1:13:4

27

29

8

60

2: 0:0

27

11

16

48

1:12:0

22

8

19

63

2: 2:0

16

6

4

120

4: 0:0

27

11

16

I).

9

124

Governor and Council — February 1797.

Jonas Galusha

Gideon Olin

John White

Cornelius Lynde

Elijah Robinson

Samuel Williams

William Chamberlain &

Stephen Jacob Esquires Councillors

Truman Squier Setfy

& Jonathan Bell Sheriff

A True Debenture of Council &c.

Attest,

50
52
90
50
45

100
45
36

889

1:13:4

27

11

16

3

1:14:8

27

11

16

3

3: 0:0

27

11

16

3

1:13:4

27

11

16

3

1:10:0

27

11

16

3

27

11

16

3

3: 6:8

27

11

16

3

1:10:0

22

8

19

3

1: 4:0

27

12

3

0

27

10

2

<i

29:2:8

385

193

1

1

Truman Squier Secr'y.

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

ADJOURNED SESSION OF THE GENERAL ASSEMBLY AT
RUTLAND, FEB. 1797.

Rutland, February the 14 Day A. D. 1797.

At a meeting of the Lieut. Gov'nrl & Council Holden at Rutland by
Adjournment on the 14 Day of February Anno Domini 1797, Present
His Honor the Lieut. Governor Paul Brigham Esquire & the following
Members of Hon'ble Council to wit, John Strong, Luke Knoulton, Eben-
ezer Marvin, Jonas Galusha, Gideon Olin, Cornelius Lynde, John
White, Elijah Robinson, Samuel Williams, Wm- Chamberlain, & Stephen
Jacob, Esquires, Councillors. Truman Squier Secr^y & Jonathan Bell
Sheriff.

The act Laying a Poast road from Yergennes to Burlington having
passed the House, Read & Ordered to Lie.

The Act in Addition to an Act pointing out the Office and Duty of the
Secretary of State, & the Act appointing new Managers to Connecticutt
River Lottery, having passed the House, read & Ordered to Lie.

Adjourned Untill 9 O'clock to Morrow Morning.

[Wednesday, Feb. 15, 1797.]

Met according to adjournment.

A resolution from the House requesting the Lieut. Gov'nr & Council
to meet in Grand Committee for the purpose of passing Paragraph
by Paragraph the Laws of this State as revised by the Committee of
Revision &c. Read & Resolved not to Concur.

1 Lieut. Gov. Brigham presided over the Council at this session, Gov.
Chittenden not attending.

Governor and Council —February 1797. 125

A resolution of Council requesting the House to Join Immediately to
Receive the Report of the Committee of Revision, Read & Concurred
[Adopted.]

Genvl [William] Chamberlain Motioned to reconsider the Vote taken
upon the Resolution of the House. Resolved to reconsider said Vote
& to Concur.

The Act pointing out the Office and Duty of the Secretary of State
was again taken up, Read and Resolved that Mr Jacob be Appointed to
return said Act to the House and Assign the reasons for not acting
upon it.

The Act regulating poor Debtors swearing out of Goal &c. having
[passed] the House, read & resolved that Mr- Lynde be Appointed to re-
turn said Act to the House and assign the reasons for not acting upon it.

Adjourned Untill 2 O'clock in the afternoon.

Met According to Adjournment.

The Lieut. Gov'nr & Council then proceeded to the House to join in
Grand Committee Agreable to the resolution taken in the forenoon.

Judge Safford arrived in Town & took his Seat in Council.

Adjourned Untill 9 Oclock to Morrow Morning.

Thursday the 16th Day of February A. D. 1797.

Met According to Adjournment & then proceeded to the House to
Join in Grand Committee for the Purpose of hearing the report of the
Committee of Revision &c. according to their Resolution.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment & adjourned Untill 9 Oclock to Mor-
row Morning & then proceeded to Join the House in Grand Committee
to hear the Report &c.

Friday February the 17 Day A. D. 1797.

Met According to Adjournment.

Resolved that his Excellency the Govnr be requested to sign a Charter
of an exclusive privilidge to Lemuel Bradley & others of Smelting &
refining certain ores & minerals &c.

Judge Marvin moved for Leave of Absence Untill the Middle of next
week, which was granted.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment.

Adjourned Untill 9 Oclock to Morrow Morning & then proceeded to
the House to Join in Grand Committee to hear the report of the Com-
mittee on Revision &c.

Saturday February the 18 Day A. D. 1797.

Met according to adjournment.

An act appointing new Managers to the Connecticutt River Lottery
&c. having passed the House, Read & Concurred.

A Petition from the Inhabitants of Fairlee in the County of Orange
praying to be Divided into Two Towns &c. being read and by the House
referred to Messrs- Burt, Painter, & Spencer, to Join a Committee from
Council &c. Resolved that Judge Knoulton be Appointed to Join said
Committee.

126 Governor and Council — February 1797.

An Act appointing David Knowles a Committee man to superintend
the expenditure of a Certain Tax in the Town of Westford Instead of
Eliphalett Smith who has moved away &c. having passed the House,
Read & Concurred.

In Council February the 18 Day A. D. 1797.

The Answer of the President of the United States to the Address of
the Legislature of this State made at their Oct. Session last past Com-
municated by the Senators from Vermont being read, resolved that the
same together with the said Address be entered at Large on the Jour-
nals of Council & that the Lieut. Govnr- be requested to Communicate
the said answer to the General Assembly.1

An act Laying a Poast road from Vergennes to Burlington &c. having
passed the House, Read & Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act assessing a Tax of one penny on each acre of Land in Colches-
ter &c. having passed the House, Read & Concurred.

An act assessing a Tax of 2d on each acre of Land in Burlington &c.
having passed the House, read and Concurred.

An act assessing a Tax of one penny on each acre of Land in the
Town of Stockbridge &c. having passed the House, read and Concurred.

An act assessing a Tax of one penny on each acre of Land in the
Town of Barton having passed the House, Read and Concurred.

An act assessing a Tax of 3d on each acre of Land in the Town of
Highgate &c. having passed the House, Read & Concurred with Pro-
posals of Amendment Viz. that it be 2d instead of 3d-

An act assessing a Tax of one penny on each acre of Land in the
Town of Shelburn &c. having passed the House, Read and Concurred.

An act assessing a Tax of one penny on each acre of Land in Char-
lotte &c. having passed the House, Read and Concurred.

An act assessing a Tax of one penny on each acre of Land on the
Township of Pittsfield &c. having passed the House, Read and Con-
curred.

A Resolution from the House Appointing a Committee Consisting of
three persons to Join such Committee as the Council shall please to
Appoint to Confer with the Committee of Revision &c. Members Chosen
Messrs. Burt, Farrand, & Davis, Resolved that Judge Galusha be ap-
pointed to Join said Committee.

A Resolution from the House requesting his Honor the Lieut. Gov'nr
& Council to Join the General Assembly in Grand Committee at the
opening of the House on Monday morning next, Resolved to Join accord-
ingly.

An act authorising Theodora Young to sell all the real estate of Ro-
dolphus Wheelock &c. having passed the House, Read & Concurred.

An act assessing a Tax of one penny on each acre of Land on the
Township of Woodbury &c. having passed the House, Read and Con-
curred.

An act assessing a Tax of one penny halfpenny on each acre of Land
in the Town of Littleton [Waterford,] &c. having passed the House, read
& Concurred.

An act Authorizing the Selectmen of Townshend to Deed Land &c.
having passed the House, read & Concurred.

xThe order, to enter the address and answer on the Journals of the
Council, was not executed. For those documents See Appendix H.

Governor and Council — February 1797. 127

An act granting a Tax of Twopence on each [acre] of Land on the
Township of Jamaica &c. having passed the House. Read & Concurred.
Adjourned Untill 9 O'clock Monday Morning next.

[Monday] February the 20 Day A. D. 1797.

Met according to adjournment & adjourned Untill 2 O'clock in the
afternoon. The Lieut. *Gov'nr & Council then proceeded to the House &
Joined in Grand Committee according to their concurrent resolution
with the House.

Met according to adjournment.

An act to enable Samuel Bellows of Charlestown [!N\ H.] to sell Cer-
tain Lands having [passed] the House &c. Read & Concurred.

Adjourned Untill 9 Oclock to Morrow Morning.

Tuesday February the 21 Day A. D. 1797.

Met according to Adjournment.

An act annexing part of the Town of Monkton to the Town of Starks-
boro' having passed the House, Read & Concurred.

An act Directing the mode of passing Laws &c. having [passed] the
House, Read & Ordered to Lie for the present.

An act relating to Quakers and for other purposes mentioned &c. hav-
ing passed the House, Read & Ordered to Lie &c.

An act to prevent the spreading of the Small Pox &c. having passed
the House, Read and Ordered to Lie.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The act Directing the mode of passing Laws &c. being read again,
Resolved to Concur.

An act Limiting the time of the County Offices therein mentioned &c.
having passed the House, Read & Concurred.

An act empowering Benjamin Fassett to Sell the real estate of Henry
Walbridge the second &c. having passed the House, Read and Con-
curred.

An act granting a Tax of three Cents on each acre of Land in the
Town of Fairlee &c. having passed the House, Read and Concurred.

Adjourned Untill 9 Oclock to Morrow Morning.

Wednesday February the 22d A. D. 1797.

Met according to adjournment.

A Petition from Charles Bull is of Manchester praying to be reimbursed
the sum of thirty-five pounds which he paid into the State Treasury for a
peice of Land he bought of Jeremiah French & which Land he has
since Lost by reason of the said French having no title to the same &c.
being read [in the House] & referred to a Committee &c. to Join &c. Re-
solved that Judge Olin be appointed to Join said Committee.

An act to alter the name of Saltash to the name of Watertown &c.
having passed the House, Read & Concurred with this proposal of
amendment Viz. that the word Plymouth be Inserted Instead of Water-
town in said act.

An act granting to Elkanah Stevens & others certain privilidges &c.
having passed the House, Read & ordered that the same be returned to

128 Governor and Council — February 1797.

the House by a Member & assigns [to assign] the reasons for postponing
the Consideration of said act Untill next Session of the Legislature.

An act relating to Quakers and for other purposes therein mentioned
having passed the House, read & Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The Petition of John Holbrook, Samuel Dickinson, & Lemuel Whit-
ney, praying for the exclusive privilidge of running a Stage from Brattle-
boro' to Hanover [N. H.] thro' this Slate for Twelve years, prefered in
Oct. Session Last past, being read and by the House referred to Messrs.
Z. Curtis, Barron, & Jos. Arms to Join a Committee from the Council
&c. Kesolved that Judge White be appointed to Join said Committee.

The act for [preventing the] spreading of the Small Pox &c. having
passed the House, read & Concurred with proposals of Amendment.

Adjourned Untill 9 Oclock to Morrow Morning.

Thursday, February the 23 A. D. 1797.

Met according to adjournment.

The House having Concurred to [in] the amendments proposed by
the Council to the act entitled an act against spreading the Small Pox,
the same has passed into a Law of this State.

The act relating to actions of account having passed the House, read
& Concurred with proposals of amendment.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The Gen'rl Assembly have sent their written Messuage to the Council
to Inform them they have Concurred in their proposals of Amendment
for Altering the Town of Saltash to Plymouth by name, & the same has
passed into a Law.

The act Directing the mode of taking Inquisition on the Body of a per-
son found Dead by Casuality [casualty] or Violence having passed the
House, Bead & Concurred with proposals of amendment.

The Gen,rl Assembly have sent their written Messuage to Inform the
Council they have concurred in their proposals of amendment to the act
relating to actions of account.

An act regulating Town Meetings & the Choice and Duty of Town
Officers &c. having passed the House, read & ordered to Lie for further
Consideration.

Adjourned Untill 9 O'clock to Morrow Morning.

Friday February the 24 Day A. D. 1797.

Met according to Adjournment.

His Honor the Lieut. Gov'nr & Council then proceeded to the House
to Join in Grand Committee agreable to their Concurrent resolution &
after returning to the Council Chamber The act Directing the mode of
taking an Inquisition on the Body of a Person found Dead by Casuality
or Violence, being returned with the nonconcurrence of the House to
the proposals of amendment, by a member to assign the reasons there-
for, Read & Resolved not to Rescind [recede] from said proposal of
amendment & that the same be sent back to the House by a member
from the Council to assign the reasons for said proposal of amendment,
& Mr- Jacob was appointed the member for that purpose.

The act regulating Town Meetings is again taken up & being read
was ordered to Lie Untill the afternoon.

Adjourned Untill 2 O'clock in the Afternoon.

Governor and Council — February 1797. 129

Met according to adjournment.

The act regulating Town Meetings & the Choice & Duty of Town
Officers being taken again under Consideration agreable to the Order of
the Day, Resolved to Concur with proposals of amendment.

A resolution from the House appointing a Committee of three to Join
such Committee as the Council shall appoint to take under Considera-
tion the several Militia Laws &c. Resolved that Judge Chamberlain be
appointed to Join Said Committee.

Adjourned Untill 9 Oclock to Morrow Morning.

Saturday February the 25 Day A. D. 1797.

Met according to adjournment.

Judge Lynde moved for Leave of Absence During the remainder of
the Session, which was granted.

An act relating to Bastards & Bastardy &c. having passed the House,
Read & Ordered to Lie.

The Petition of John Wood praying for a Lottery to make him good
for what he Lost & spent in preventing a Massacre at Westminster in
the year 1775 being read & by the House referred to Messrs. Spafford,
Foster, & Barlow, to Join &c. Resolved that Judge Robinson be ap-
pointed to Join said Committee.

The act relating to Fences and Denning the Duty offence viewers &c.
having passed the House, Read and Concurred with proposals of amend-
ment.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act Dividing the Town of Fairlee into Two Towns &c. having
passed the House, Read and Concurred.

An act Dividing the State into Probate Districts & Discribing the
Lines & Boundaries thereof &c. having passed the House, Read and
Concurred.

An act to prevent forcible entries & Detainers &c. having passed the
House, Read and Concurred with proposals of amendment & sent to the
House by a Member.

Adjourned Untill Monday Morning next at 9 Oclock.

Rutland Monday February the 27th A. D. 1797.

Met according to adjournment.

The act relating to Bastards & Bastardy &c. being again taken up, Read
& Concurred with proposals of amendment & the same was Ordered to
be sent to the House by a Member.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

An act respecting Testate & Intestate Estates having passed the House
&c. Read & Concurred.

An act regulating Marriage & Divorce &c. having passed the House,
read & Concurred with proposals of amendment.

The Speaker of the House sent his written Messuage to Inform his
Honor the Lieut. Gov'nr & Council that the Genrl Assembly have Con-
curred to [in] the proposed amendment to the act relating to Bastards &
Bastardy.

The act regulating Town Meetings &c. being returned with the non-
concurrence of the House to [in] the proposed amendments to the 21st,

9

130 G-overnor and Council — March 1797.

22d & 23d Sections &c. with a member to assign the reasons &c. Resolved
not to Rescind & that Mr Jacob be appointed a member to return the
same [and] assign the reason of the Council'8 adh earing [adhering] to
their proposals &c.

The act to prevent forcible entry & detainer &c. being returned with
the proposed amendments nonconcurred, Read & Resolved to Rescind
[recede] from the first proposal of amendment & to Adhere to the rest &
that Mr- Jacob be appointed a member to return the same & assign the
reasons of the Council for adhearing &c.

An act relating to the marking & branding of Cattle, Sheep, & Hogs
&c. having passed the House, Read & Concurred.

An act relating to Mills & Millers &c. having passed the House, Read
& Concurred with proposals of amendment.

The act regulating Marriages and Divorce &c. being returned from
the House with their nonconcurrence to the 1st & 2d proposals of amend-
ment, Resolved to Rescind [recede] from the same &c.

The act relating to Fences & the Office & Duty of Fenceviewers &c.
being returned nonconcurred &c. Resolved to Rescind &c.

The Speaker has sent his written Messuage to his honor the Lieut.
Gov'"1" & Council to Inform them that they have Concurred &c. in the
act [on] taking Inquisition on the bodies of Persons found Dead &c. &
the act for [on] forcible entry k Detainer &c.

Adjourned Untill 9 Oclock to Morrow Morning.

Tuesday the 28 Day of February A. D. 1797.

Met according to adjournment.

The Speaker has sent his written Messuage to his Honor the Lieut.
Gov'nr & Council to Inform them that the Gen'rl Assembly have [concur-
red] in the proposed amendments to the act regulating Town Meetings
&c.

The act Defining the Powers of Justices of the Peace in this State
&c. having passed the House, Read & Concurred with proposals of
amendment.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

An act constituting the Supreme Court of Judicature and County
Courts, Defining their powers & regulating Judicial proceedings &c. hav-
ing passed the House, Read & Concurred with proposals of amendment.

The Speaker has sent his written Messuage to Inform his Honor the
Lieut. Govnr & Council [that] the Gen1 Assembly have Concurred to the
proposed amendments to the act regulating Mills & Millers &c. & the
same has passed into a Law of this State.

Adjourned Untill 9 Oclock to Morrow Morning.

Wednesday the 1 Day of March A. D. 1797.

Met according to adjournment.

An act relating to 'Pounds, Estrays, & Lost Goods having passed the
House, Read and Concurred with proposals of amendment.

An act empowering Rhoda Stevens to Deed a Certain peice of Land
therein mentioned having passed the House, Read and Concurred.

An act assessing a Tax of 2 Cents on the Polls & Rateable Estate of
the County of Windsor &c. having passed the House, Read & Con-
curred.

Adjourned Untill 2 Oclock in the afternoon.

Governor and Council — March 1797. 131

Met according to adjournment.

An act Dividing this State into Counties & Describing their bound-
aries having passed the House, Read & Concurred.

An act in addition to an act Entitled an act granting to Wm- Page,
Lewis R. Morris &c. having passed the House, Read & Concurred with
an amendment.

The Speaker has sent his written Messuage to Inform his Honor & the
Council that the General Assembly have Concurred to the amendment
proposed to the act in addition to & explanation of an act entitled an act
Granting to Wm- Page. Lewis R. Morris &c. & the same has passed into
a Law of this State.

Adjourned Untill 9 Oclock to Morrow Morning.

Thursday March the 2 Day A. D. 1797.

Met according to adjournment.

An act to inforce the Due Observation of the Sabbath &c. having
passed the House, Read and Concurred with proposals of amendment.

An act for Releif of Ideots [relief of idiots] & Distracted persons &c.
having passed the House, Read & Concurred.

An act Authorizing the Inhabitants of Towns & other Corporations to
Maintain & Defend suits at Law &c. having passed the House, Read &
Concurred.

The act regulating Judicial proceedings &c. again sent to the House
with another amendment &c.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The act to Enforce the Due Observation of the Sabbath &c. having
passed the House, Read & Concurred with a proposal of amendment
which came back nonconcured, & Resolved to Rescind, & made a fur-
ther proposal of amendment.

Adjourned Untill 9 Oclock to Morrow Morning.

Friday March the 3 day A. D. 1797.

Met according to Adjournment.

An act Defining what shall be Deemed a Legal settlement & for the
support of the Poor & the Duties of the Overseers of the Poor &c. having
passed the House, Read & Concurred with a proposal of amendment.

An act for the Preservation of the Fish & Muskrats &c. having passed
the House Read & Concurred.

An Act for the regulation of Ferries & Ferriages within this State &c.
having passed the House, Read & Concurred.

An Act relating to the Office & Duty of the Secretary of State, &c.
having passed the House, Read & Concurred.

An Act Appointing a Committee to Lay out & survey a Post road
from Rutland to Vergennes &c. having passed the House, Read & Con-
curred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment.

An Act reducing into one the several acts for Laying out, making, re-
pairing & Clearing Highways &c. having passed the House, Read & Con-
curred with proposals of Amendment.

Adjourned Untill 9 Oclock to morrow Morning.

182 Governor and Council — March 1797.

Rutland Saturday March 4th Day A. D. 1797.

Met according to adjournment.

Judge Marvin moved for Leave of Absence During the remainder of
the Session, which was granted.

The Act relating to Escheats &c. having passed & being Reconsidered,
the House appointed a Committee to Join a Committee from Council,
Members Chosen Mess'rs Allis. Horton, & Jabez Foster, Resolved that
Mess'rs Jacob & Olin be appointed to Join said Committee to take under
Consideration said Bill.

An Act to enable the Freemen of the Town of Athens & Brookline to
Hold Freemens Meetings &c. having passed the House, Read & Con-
curred.

An Act for the Punishment of Certain Capital & other high crimes &
Misdemeanors &c. having passed the House, Read & then taken up
Section by Section & Resolved that the same be referred to a Committee
to make Amendments to said act.

Adjourned Untill 2 O'clock in the Afternoon.

Met according to adjournment.

An act regulating the Conveyances of real property &c. having passed
the House; read & Concurred with proposals of amendment.

The Speaker has sent his written Messuage to Inform the Lieut. Gov'nr
& Council that the General Assembly have concurred in the amendment
proposed by the Council to the Last bill &c.

An act for the punishment of Certain Inferior Crimes & Misdemean-
ors &c. having passed the House, Read & Concurred with proposals of
Amendment.

An Act more Effectually to prevent Trespasses in Divers Cases &c.
having passed the House, Read & Concurred.

The Speaker of the House has sent his written Messuage to Inform his
Honor the Lieut. Gov,lir & Council that the Gen'rl Assembly have Con-
curred in the proposed amendment to the Last bill [but one] above men-
tioned.

An Act Directing the Levying & Serving of Executions &c. having
passed the House, &c. Read and Ordered to Lie Untill Monday Morning
next at 9 Oclock A. M.

Gen'rl Strong moved for Leave of Absence During the remainder of
the Session, which was Granted.

Adjourned Untill 9 Oclock Monday Morning next.

Monday March the 6th Day A. D. 1797.

Met according to adjournment.

An Act for the encouragement of the Destroying of Wolves & Pan-
thers within this State having passed the House, Read & Concurred with
proposals of Amendment.

An Act relating to tines, forfeitures, Penalties & Costs & Directing the
taking of Recognizances in Certain Cases &c. having passed the House,
Read & Concurred.

The Speaker has sent his written Messuage to Inform his Honor the
Lieut. Gov'nr & Council that the Gen'rl Assembly have Concurred in the
proposed amendments to the act regulating the Conveyances of real
Estates and for the prevention of Frauds therein &c.

An Act relative to Petitions preferred to the General Assembly &c.
having passed the House, Read & Concurred with a proposal of amend-
ment.

Governor and Council — March 1797. 133

An Act regulating the Office & Duty of Sheriffs, high Bailiffs, their
respective Deputies, and Constables &c. having passed the House, Read
& Concurred with proposals of Amendment.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment.

An Act for a Land Tax of Two pence on each acre of Land in the
Township of Milton &c. having passed the House, Read & Concurred.

The Act for Destroying Wolves &c. Returned with the amendments
nonconcurred in by the General Assembly, Read & Resolved to Rescind
[recede] from the proposed amendments.

The Speaker of the House has by his written Messuage Informed his
Honor the Lieut. Gov'nr & Council that the Geurl Assembly have Con-
curred in the proposed amendments to the Act regulating the Office &
Duty of Sheriffs &c. & the act relative to Petitions being preferred to the
General Assembly.

A Resolution from the House Appointing a Committee of five to Join
a Committee from Council on the Petition of John Jay, John Cozine, &
George Clinton; Members Chosen Mess,rs Wait, Isaac Clark, Burt, Jabez
Foster, & Whitney, Resolved that Judge Galusha and Robinson be ap-
pointed to Join said Committee.

The. Act Directing the Levying & serving executions &c. having
passed the House, Read & Concurred with proposals of amendment.

An Act in Addition to the Act Laying a Tax on Huntington &c.
having passed the House, Read & Concurred.

An Act empowering Benjamin Swan & Moses Osgood both of Wood-
stock in the County of Windsor to Raise five hundred Dollars by Lot-
tery &c. having passed the House, Read & Concurred with proposals of
amendment.

Adjourned Untill 9 Oclock to Morrow Morning.

Tuesday March the 7 Day A. D. 1797.

Met according to adjournment.

An act appointing a Committee to Lay out a Post road from Onion
River to the Province Line having passed the House, read & Concurred
with proposals of amendment.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

An Act for the Distribution of the Laws, Journals & other public
papers &c. having passed the House, read & Concurred.

An Act Constituting a Court of Chancery &c. having passed the House,
Read & Concurred.

An Act Appointing Notaries Public & Declaring their Office & Duty
&c. having passed the House, Read & Concurred.

The Speaker has by his written Messuage Informed His Honor the
Lieut. Gov'nr & Council that the House have Concurred in the Amend-
ment to the Act Directing the Levying & serving executions &c. & that
the same has passed into a Law of this State.

Adjourned Untill 9 Oclock to Morrow Morning.

[Wednesday, March 8 1797.]

Met according to adjournment.

An act for the purpose of enabling a Committee therein appointed to
Straiten, Lay out & Repair a Road from the South Line of Salsbury to
Onion River Bridge &c. having passed the House, Read & Concurred.

134 Governor and Council — March 1797.

An act relating to Debts and Taxes Due & payable to this State &c.
having passed the House, Read & Concurred.

An act regulating weights & Measures &c. having passed the House,
Read & Concurred.

An act Affixing the times & places for holding the several County
Courts & the Supreme Court of Judicature & Chancery in the Several
Counties in this State having passed the House &c. Read & Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The act for the Punishment of Certain Capital and other high crimes
and Misdemeanors &c. having passed the House, Read & Concurred
with proposals of amendment.

The Speaker by his written Messuage has Informed his Honor the
Lieut. Govnr and Council that the General Assembly have Concurred in
the proposals of amendment to the act appointing a Committee to Lay
out & Survey a Post road from Onion River to the Province Line &c.

Adjourned Untill 9 o'clock to Morrow Morning.

Thursday March the 9th Day A. D. 1797.

A Resolution from the House Appointing a Committee of three to
Join a Committee from Council &c. Members Chosen Mess"rs P. Wright,
C. Smith, & Horton, resolved that Judge Knoulton be appointed to Join
said Committee.

An act for the punishment of Certain Capital or other high crimes
and misdemeanors &c. being returned with all the amendments Con-
curred in except the Amendments made to the 21st Section of this act,
Resolved to Rescind [recede] from said amendments & to propose a fur-
ther amendment to said Section.

An Act Relating to Goals & Goalers & the releif of the poor prisoners
Confined therein &c. having passed the House, Read and Concurred with
proposals of Amendment.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act Altering the Name of Littleton to Waterford &c. having passed
the House, Read & Concurred.

An act establishing a District School of part of the Towns of Leices-
ter & Salsbury having passed the House, Read & Concurred.

An act Directing the Treasurer to Credit the Town of Chester 12 Dol-
lars & 21 Cents having passed the House, Read & Concurred.

An act enabling Eli Brownson to sell Certain Lands therein m'ention-
ed &c. having passed the House, Read & Concurred.

An Act granting to John Wood Esq. a Lottery to raise five hundred
Dollars as a Compensation for his past services rendered this State &c.
having passed the House, Read & Concurred with proposals of amend-
ment.

An Act for making & Repairing a Road from Rutland to Salem [N.
Y.] &c. having passed the House, Read & Concurred.

An Act to prevent the Destruction of the Deer &c. having passed the
House, Read & Concurred.

The Speaker of the House has personally Informed his Honor the
Lieut. Govnr & Council that the General Assembly have Concurred to
the proposed amendments to the act for the punishment of Certain Cap-
ital Crimes &c. & also to the act regulating Goals & Goalers.

Governor and Council —March 1797. 135

An Act establishing a Turnpike road & Gates from Shewsbury across
the Mountain &c. having passed the House, Bead & Concurred.

An Act granting to John Holbroock & others the Exclusive Privi-
lidge of running a Stage &c. having passed the House &c. Bead &
Concurred.

An Act Ascertaining the Principles on which the List of this State
shall be made & Directing Listers in their Office & Duty &c. having
passed the House, Read & Concurred with proposals of amendment.

An Act in favour of John Gove &c. having passed the House &c.
Read & Concurred.

Adjourned Untill 9 Oclock to Morrow Morning.

Friday March the 10 Day A. D. 1797.

Met according to Adjournment.

An Act for paying" the Legislature the present Session &c. having
passed the House, Read & Concurred.

An Act Laying 3 Cents on each acre of Land &c. [in Fairlee, read
and concurred: also the same tax on each acre of that part of Richmond
formerly belonging to Williston.]

An amendment to the act regulating Testate & Intestate Estates
having passed the House, Read & Concurred with proposals of amend-
ment.

An Act for regulating and Governing the Militia of this State &c.
having passed the House &c. Read & Concurred with proposals of
amendment.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act appointing Timothy Mead Jun. to Collect a Land Tax on Land-
grove & Brumley &c. having passed the House &c. Read & Concurred.

An act in addition to an act for Granting a Tax of one penny on each
acre of Land upon the Township of Faystou &c. having passed the House,
Read & Concurred.

An act appointing Jonas Brigham a Committee man &c. having pass-
ed the House, Read & Concurred.

An act Directing the Treasurer to receive a Certain Note or Order &
pay the same to Paul Gates &c. having passed the House &c. Read &
Concurred with an amendment.

An Act suspending the Operation of Certain acts therein mentioned
and for other purposes &c. having passed the House &c. Read and Con-
curred with proposals of amendment.

The Debenture of the Council being made out & Read &c. Resolved
that Mr- Jacob be Appointed to Apply to the Treasurer for the pay &c.

An act in addition to & Alteration of an Act entitled an act Empow-
ering and Directing certain persons therein named to Lay out & survey
a post road from Massichusetts Line to the North Line of Newbury &c.
having passed the House, Read & Concurred.

An act making the Appropriations for the present year &c. having
passed the House, Read & Concurred.

136

G-overnor and Council— March 1797.

Rutland Friday March 10th Day A. D. 1797.
A Debenture of Council &c.

His Honor the

Miles

Days

Dolls,

Lieut. Gov'nr

Travel.

Dolls.

Cents.

Attend.

Total.

Cents.

Paul Brigham Esquire 50

5

55

25

105

55

& the Honble

Samuel Safford

60

6

66

25

48

66

John Strong

48

5

32

20

40

32

Luke Knoulton

63

7

0

25

50

75

Ebenezer Marvin

120

13

32

13

22

87

Jonas Galusha

50

5

55

25

49

30

Gideon Olin

52

5

78

25

49

53

John White

82

9

12

25

52

89

Cornelius Lynde

50

5

55

11

24

80

Elijah Kobinson

45

5

0

25

48

75

Samuel Williams

0

0

0

25

43

75

William Chamberlain 100

11

11

25

55

75

& Stephen Jacob

45

5

0

25

48

75

Esquires Councillors.

Truman Squier #ec'

ry 36

4

0

25

60

25

& Jonathan Bell, Sheriff 0

0

0

25

37

50

Mr- Isachar Reeds bill for his

Chamber &c.

14

0

753 & 42

A True Debenture of Council as was made up at the Rutland Ad-
journed Session of the Legislature, which said Debenture was paid over
& Duly & Respectively Receipted as Appears from the Minutes.

Attest, Truman Squier Sec'ry.

TWENTY-FIRST COUNCIL.

OCTOBER 1797 TO OCTOBER 1798.

Isaac Tichenor, Bennington, Governor, from Oct. 16 1797. 2
Paul Brigham, Norwich, Lieut. Governor.
Councillors:

Samuel Safford, Bennington,
John Strong, Addison.
Luke Knoulton, Newfane,
Ebenezer Marvin, Franklin,
Jonas Galusha, Shaftsbury,
Gideon Olin, Shaftsbury,

John White. Georgia,
Cornelius Lynde, Williamstown,
Elijah Robinson, Weathersfield,
Samuel Williams, Rutland,
Wm. Chamberlain, Peacham,
Stephen Jacob, Windsor.

Truman Squier, Manchester, Secretary.
Lucius Hubbard, Ludlow, Sheriff.

The members of Council are the same as for the preceding year.

x For biographical notice and portrait of Gov. Tichenor, see Vol. in.

VSS Governor and Council — October 1797,

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT WINDSOR.

Oct. 1797.

State of Vermont ss.

At a Meeting of his Honor the Lieut. Gov'ur & Council Began & Hol-
den at Windsor at their Annual Oct. Session on the second Thursday
of Oct. A. D. 1797, Present His Honor the Lieut. Gov,nr Paul Brigham
Esquire, & the following Members of the Honbl Council Viz. Samuel
SafFord, John Strong, Luke Knoulton, Ebenezer Marvin, Jonas Galusha,
Gideon Olin, John White, Elijah Robinson, Cornelius Lynde, Samuel
Williams, William Chamberlain, & Stephen Jacob Esquires, Councillors.
Truman Squier Sec'ry & Lucius Hubbard Sheriff.

A resolution from the House Appointing a Committee Consisting of
Two Members from each County to join such Committee as the Council
shall please to appoint to Receive, Count, & Sort the Votes for a Gov'nr
Lieut. Gov?nr Treasurer & Councillors for the [year] ensuing. Read &
Resolved that Judge Saftbrd, Williams, Olin, Strong, Marvin, Lynde,
Chamberlain, Robinson, and Knoulton, be Appointed to Join said "Com-
mittee. The aforesaid Committee personally appearing before his Hon-
or the Lieut. Gov'ur were Duly Qualified by Oath to their respective Ap-
pointment.

Adjourned Untill 4 Oclock in the Afternoon.

Met according to adjournment.1

Adjourned Until 9 Oclock to Morrow Morning.

'From the printed Assembly Journal of Oct. 12 1797:

5 O'CLOCK P. M.

The honorable Samuel Safford, esq. chairman of the committee ap-
pointed to receive, sort, and count the votes for Governor, Lieutenant
Governor, Treasurer and Councillors, for the year ensuing, handed to
the speaker the following report, to wit:

To the Honorable the General Assembly of the state of Vermont now in
session at Windsor.

Your committee appointed to receive, sort and count the votes for
Governor, Lieutennnt Governor, Treasurer and Councillors for the year
ensuing, Report. That no person has a majority of votes for Governor.
That the honorable Paul Brigham Esq. has a majority of votes for Lieu-
tenant Governor. That Samuel Mattocks Esq. has a majority of votes
for Treasurer. That the honorable Elijah Robinson, Samuel Saftbrd,
Samuel Williams, Ebenezer Marvin, Cornelius Lynde, William Cham-
berlain, Jonas Galusha, Luke Knoulton, John Strong, Stephen Jacob,

Governor and Council — October 1797. 139

Friday Oct. the 13 d. A. D. 1797.

Met according to adjournment.1

A Resolution from the House requesting his Honor the Lieut. Gov'nr
& Council to Join the House of Representatives in Grand Committee
at the Opening of the House in the Afternoon for the purpose of Elect-
ing a Gov'™- for the year ensuing. Resolved to Join accordingly.

A resolution from the House Appointing One Member from each
County a Committee to Join such Committee as the Council shall please
to Appoint to Arrange the business of the present Session; Members
chosen Messrs- Shumway, Knight, Williams, Isaac Clark, Marsh, John-
son, Keys, [Elnathan Keyes,] Sias, & Fassett. Resolved that Messrs.
Knoulton, Strong, & Robinson be Appointed to Join said Committee.

His Honor the Lieut. Gov'nr & Council then proceeded to the House
to Join said Committee agreable to the resolution which was Concurred
in this forenoon — Afterwards returned to the Council Chamber & pro-
ceeded to Business.2

Adjourned Untill 9 Oclock to Morrow Morning.

John White, and Gideon Olin, Esquires, have the highest number of
votes, for councillors, by the suffrages of the people.

Signed, Samuel Safford, for Committee.

Windsor, October 12, 1797.

Whereupon Lucius Hubbard, esquire, sheriff of the county of Wind-
sor, by proclamation, declared said officers, respectively, duly elected by
the suffrages of the people.

The Vermont newspapers of the period give no account of election
day services; which, as the appropriations therefor show, were much
more expensive than usual. It appears from the printed Assembly
Jounrnal that an election sermon was preached by the Rev. Samuel
Whiting, of Rockingham.

^rom the printed Assembly Journal, morning of Oct. 13, 1797:

The house met pursuant to adjournment, his honor the Lieutenant
Governor and the honorable Council being present. The honorable
Paul Brigham, esquire, declared his acceptance of the office of Lieuten-
ant Governor, and was duly qualified before the legislature, by the hon-
orable Nathaniel Chipman, esquire, chief judge of the supreme court of
judicature.

2 From the printed Assembly Journal, Oct. 13 1797, afternoon :

The council and general assembly, pursuant to the resolution of this
morning, met in joint committee, for the purpose of electing a Governor
for the year ensuing. His Honor the Lieut. Governor in the chair,
Roswell Hopkins, Clerk. The ballots being taken and examined, the
honorable Isaac Tichenor, esquire, had a' majority of all the votes.
Whereupon Lucius Hubbard, Esq. Sheriff of the county of Windsor, by
proclamation, declared the said Isaac Tichenor, Esq. duly elected Gov-
ernor, in and over the state of Vermont, for the year ensuing.

On motion, Resolved, That Mr. Jacob, Mr. Spencer, and Mr .Samuel
Miller be a sub-committee from this joint committee, to wait on the
honorable Isaac Tichenoi*, Esquire, and acquaint him of his appointment,
as Governor, in and over the state of Vermont, for the year ensuing.

Mr. Jacob, from the sub-committee aforesaid, reported verbally, That
the committee had waited on the honorable Isaac Tichenor, Esq. with a

140 Governor and Council — October 1797.

Saturday Oct. the 14 d. A. D. 1797.

Met according to adjournment.1

A Resolution from the House requesting the Lieut. Govnr- & Council
to Join the House of Representatives in Grand Committee at 9 Oclock
this Morning for the purpose of Agreeing on a time when to make the
County Elections. Read and Resolved to Join accordingly.

The Lieut. Gov'nr & Council then proceeded to the House & Joined in
Grand Committee agreable to the above resolution — Afterwards return-
ed to the Council Chamber & reassumed the Business of the Day.

A Petition from the Inhabitants of S'nt Andrew'8 Gore [Plainfield,] in
the County of Caledonia praying for an act of Incorporation with all the
privilidges and Immunities that other Towns in this State exercise and
enjoy. Read and by the House referred to Messrs. I. Clark, Knight, & J.
Wright to Join &c. Resolved that Judge Chamberlain be appointed to
Join said Committee.

A Petition from the Inhabitants of Fairhaven & Westhaven praying
for a Tax upon the Lands in said Towns to Defray the expense in resur-
veying the Lots in said Towns &c. Read and by the House referred to
Messrs. J. Robinson, Fassett & I. Smith to Join &c. Resolved that
Judge Williams be Appointed to Join said Committee.

A Petition from a number of the Inhabitants of Pawlett in behalf of
the Widow & Heirs to the Estate of Capt Wm- Andrews Late of Pawlett
Deceased to sell real Estate &c. Read & by the House referred to Messrs-
Burnham, Marvin, & J. Wright to Join &c. Resolved that Judge White
be appointed to Join said Committee.

The Petition of the Selectmen of the Town of Bennington praying to
be Authorized by an act of Legislation to set over the Lands allowed
by Charter lor Highways which have been Omitted &c. Read & by the
House referred to Messrs Fassett, Bostwick, & Marsh to Join &c. Re-
solved that Judge Strong be Appointed to Join said Committee.

Adjourned Untill 9 Oclock Monday Morning next.

copy of the preceding resolution: — and delivered this further message —
That the honorable Isaac Tichenor, Esq. would, at the opening of the
house to-morrow morning, declare his acceptance, or non-acceptance, of
his appointment as Governor.

The joint committee then adjourned to 9 o'clock to-morrow morning.

1 From the printed Assembly Journal, Oct. 14 1797, A. M.

The joint committee met according to adjournment, when Mr. Chair-
man handed to the Clerk the following letter from the honorable Isaac
Tichenor, esquire, viz.

Sir, — Agreeably to the Communication made to me from the Legisla-
ture by their joint Committee — I do myself the honor to acquaint you
for the information of the Council, & General Assembly, that I shall
accept the Appointment of Governor of this State for the year ensuing
— and will meet both Branches of the Legislature at the opening of the
House, on Monday afternoon next, for the purpose of taking the neces-
sary qualifications. Isaac Tichenor.

His Honor Paul Brigham Lieu*- Govr-

Windsor Oct. 14, 1797.

The foregoing letter is copied from the original in Ms. Vermont State
Papers, Vol. 24, p. 103.

Governor and Council — October 1797. 141

Monday Oct. the 16 d. A. D. 1797.

Met according to adjournment.

An Act regulating the Collection & payments of Rates &c. having
passed the House, Bead & Concurred with the following proposals of
Amendment Viz. that next after the words Newspapers in the seventh
section second Line from the Bottom of the Page be inserted these
words to wit (in which Land Taxes are by Law to be Published,) and
these words to be erased to wit, printed on that side of the Mountain in
which the Lands Lie — & that Mr- Galusha be requested to assign the
reasons to the General Assembly of said amendments.

A Petition signed by James Rogers in behalf of himself & the Heirs
of his Late Father James Rogers Deceased praying for an act of the
Legislature Obliging the Commissioners on his Late Father'8 Estate to
Deed Certain Lands to him in Trust for said Heirs which Lies in Lon-
donderry & has been by them Mortgaged & forfeited under said Mort-
gage, Read & by the House referred to Messrs- [Thompson,] Cutler,
[Isaac] Clark & others to Join a Committee from Council &c. Resolved
that Judge Robinson be Appointed to Join said Committee.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment, Present His Excellency Isaac Tich-
enor Esq1- His Honor the Lieut. Gov1- Paul Brigham Esqr- & the follow-
ing Members of the Honble Council, Samuel Safford, John Strong, Luke
Knoulton, Ebenezer Marvin, Jonas Galusha, Gideon Olin, Cornelius
Lynde, Elijah Robinson, John White, Samuel Williams, Wm- Chamber-
lain, & Stephen Jacob Esqrs- Councillors, Truman Squier Sec'ry, & Lucius
Hubbard sheriff, & Agreable to the Order of the Day the Gov1nr &
Council proceeded to the General Assembly & Joined them in Grand
Committee. After the Dissolution of said Committee The Gov'nr &
Council returned to the Council Chamber & proceeded to the Business
of the Day.1

An act Directing the Mode of granting Licences &c. having passed
the House, Read & Concurred with proposals of Amendment.

Resolved that the above Act shall be Committed to a Committee con-
sisting of Two Members to make the amendments. Members chosen
Messrs- Jacob & Lynde.

A Petition signed by Ebenezer W. Judd that the Public Buildings
for the County of Essex may be established in the Upper part of Guild-
hall in said County — Read and by the House referred to Messrs. Wil-
liams, P. Wright I. Clark, Burt, & Keys, to Join a Committee from Coun-
cil, Resolved that Judge Chamberlain & Olin be appointed to Join said
Committee.

A Petition from the Inhabitants of Canaan praying that the Legisla-
ture would be pleased to pass an act for the purpose of having the Coun-
ty Buildings for the County of Essex made at Guildhall in said County,
Read & by the House Referred to the Committee Appointed on Eben-
ezer W. Judds Petition, Resolved to Join accordingly.

A Petition from the Inhabitants of Lemington praying for an act
Establishing the County Buildings for the County of Essex at Guildhall
iu said County, Read & by the House referred to the Committee Ap-
pointed on Ebenezer W. Judd8 Petition, Resolved to Join accordingly.

Adjourned Untill 9 Oclock to Morrow Morning.

lLn Grand Committee, Judge Chipman administered the oaths of office
to Gov. Tichenor, who then addressed both Houses. In the Assembly
Israel Smith, Amos Marsh, and Abel Spencer were appointed to draft
an answer to the speech. For speech and answer see Appendix J.

142 Governor and Council — October 1797.

Tuesday Oct. the 17 d. A. D. 1797.

Met according to adjournment.

A Kesolution From the House requesting the Gov'nr & Council to
meet them in Grand Committee this Morning for the purpose of agree-
ing on the time of Making their several Nominations for a Senator to
Represent this State in the Senate of the United States, Read & Non-
concurred.

The following resolution of Council was submitted to the House of
Representatives to wit —

In Council October the 17 d. A. D. 1797.

Resolved that the House of Representatives be requested to Concur
with the Gov'nr & Council in proceeding at 2 Oclock in the Afternoon of
this Day in their respective Houses to make their several Nominations
of a Senator to Represent this State in the Congress of the United
States, Immediately after which both Houses shall meet in Grand Com-
mittee and proceed to Determine the Election.

A Petition from the Inhabitants of the North west part of the Town
of Wells praying to be annexed to the Township of Poultney for the Pur-
pose of enjoying Town privilidges &c. being read & by the House referred
to Messrs- Fassett, Thompson, Hoit, Z. Curtiss, & Whitney, together with
a petition of the Inhabitants of the Northwest part of"Pawlett with a
Remonstrance thereto, Resolved that Mr- Williams be appointed to Join
said Committee.

An act appointing an Attorney General, several State's Attornies &c.
& Directing them in their Office & Duty &c. having passed the General
Assembly, Read & Ordered to be Discussed Paragraph by Paragraph.
On motion said act now under Discussion is Ordered to Lie for the
present.

Resolved that a Committee Consisting of three Members from the
Council be Appointed for the purpose of Reporting such rules as they
shall Judge proper to Govern the Council in their Debates. Members
Chosen Messrs- Marvin, Brigham, & Jacob.

The foregoing resolution of Council for the purpose of Nominating
a Senator in the United States &e. Returned Concurred in by the
House.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

In Council Oct. the 17 d. A. D. 1797.

Two of the Clock in the Afternoon.

Agreably to the Order of the Day the Gov'nr & Council proceeded to
Nominate a Person as Senator to represent this State in the Senate of
the United States & the Ballots being taken & examined when the Hon.
Nathaniel Chipman Esq1-- was Declared Duly Nominated. The Gov'nr
& Council then proceeded to the House of Representatives agreable to
their resolution taken in the forenoon for that Purpose & Join them in
Grand Committee for the purpose of Comparing their Nominations
respectively taken in each House for a Senator to represent this State in
the Congress of the United States and to Determine the Election, when
it appeared that the Hon. Nathaniel Chipman Esqr- was Duly Nominated
by both Houses, and [he was] Declared Duly elected. And after the
Dissolution of the Grand Committee the Gov'nr & Council returned to
the Council Chamber and agreable to the Order of the Day proceeded
to Business.

The Petition of William Page of Charlestown, Newhampshire, As an
agent to the Company for Locking Bellows?s falls for himself & in be-
half of said Company* praying for an act of the Legislature encreasing

Governor and Council — October 1797. 143

the Toll thro' the Locks made at said Falls &c. being read & by the
House Referred to Messre- Cutler, J. Wright, Johnson, Weatherbee, &
P. Wright, to Join such Committee as the Council shall please to Ap-
point, Resolved that Messrs- Jacob and Robinson be appointed to Join
said Committee.

A Resolution from the House Appointing a Committee of three per-
sons to Join a Committee from Council to receive and examine the
accounts of the several Clerks of the Supreme Court and the several
State's Attornies & make report &c. Members Chosen Messrs- Israel
Smith, Chittenden, & Wing— Resolved that Mr Chamberlain be Ap-
pointed to Join said Committee.

The Act Directing the Mode of Obtaining Licenses for selling strong
Liquors &c. is ordered to be recommitted for further Amendments to be
made, & to the same Committee.

The Petition of Timoth}^ Mossman & others praying for a grant of a
Strip of Land Lying between Summerset & Stratton being read & by the
House referred to Messrs- E. Allen, Knight. & Hunt to Join such Com-
mittee as the Council shall please to appoint, Resolved that Judge Olin
be appointed to Join said Committee.

A Resolution from the House requesting the Gov,|ir & Council to Join
the Genrl Assembly in Grand Committee at 10 Oclock to Morrow Morn-
ing for the purpose of Choosing Judges of the Supreme Court for the
year ensuing, Read & Resolved to Join accordingly.

Adjourned Untill 9 Oclock to Morrow Morning.

Wednesday Oct. the 18 Day A. D. 1797.

Met according to Adjournment & agreeable to the Order of the Day
the Gov'nr & Council Joined the General Assembly in Grand Committee
for the purpose of receiving the County Nominations for the Civil Offi-
cers for the year ensuing & proceeding to Determine their elections, af-
terwards returned to the Council Chamber &reassumed the Business of
the Day.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment And agreeable to the Order of the Day
the Gov'nr & Council joined the General Assembly in Grand Committee
for the purpose of electing the Judges of the Supreme Court for the year
ensuing.1 After the Dissolution of the Grand Committee the Gov'111" &
Council returned to the Council Chamber & reassumed the Business of
the Day.

In Council Oct. the 18 Day A. D. 1797.

Resolved that the House of Representatives be requested to Join in
Grand Committee at the Opening of the House to Morrow Morning &
then by the Joint Ballots of Both houses to Choose a Major General in
the second Division of the Militia of this State, and also to make Choice
of a Major General in the third Division of the Militia of this State
which Office is by Law rendered vacant by the Absence of the Hon.
Major General Ira Allen.

The Petition of Timothy Brown Esqr- of Manchester in the County of
Bennington setting forth that he brought his certain action against one
Ripley Torry in the State of Massichusetts to recover against him the
said Ripley as Guarentee upon four several notes the sum [same]
amounting to the sum of about £398: 12: 0 Lawful money, & a final De-

1 The election resulted in the choice of Israel Smith as Chief Justice
and Enoch Woodbridge and Lot Hall as Assistants.

144 Governor and Council — October "1797.

cision being had against him the said Timothy in said State of Massi-
chusetts and the said Kipley Torrey having removed into this State and
New & Material evidence being Discovered since said Decision, there-
lore prays for an act to enable him the said Timothy to bring another
action in this State to recover said Demand. Read and by the House re-
ferred to Messrs- J. Robinson, Cutler, [Israel] Smith, [Samuel Miller,] &
Keys, to Join such Committee as the Council shall please to appoint,
Resolved that Mr- Strong be appointed to Join said Committee.

The Hon. Samuel Mattocks Esqr. as principal and the Honble Nathan-
iel Chipman & John Strong Esquires as sureties acknowledged them-
selves Jointly & severally holden & bound to the Secretary of this State
in the penal sum of $33,333 & 33 Cents which payment well & Truly to
be made they bound themselves their Heirs, executors and administra-
tors firmly by this bond of Recognizance this 18 Day of Oct. A. D. 1797.
— The Condition of this Bond of Recognizance is such that if the said
Samuel Mattocks Esquire shall well & Truly execute the Office of a
Treasurer within & for the State of Vermont for the year ensuing so that
neither the Public or any Individual suffers thereby then this bond of
Recognizance to be void otherwise of Force.

In Council Oct. the 18 d. A. D. 1797.

Then personally appeared Samuel Mattocks Esqr- before his Excellency
the Gov'nr & was Duly Qualified by Oath to his Office of Treasurer for
the year ensuing.

The Petition of James Whitelaw for exchanging a Public Right in
Ryegate &c. being read & by the House referred to Messrs- Johnson,
Brock, & Moore, to Join such a Committee as the Council shall please to
Appoint, Resolved that Mr- Safford be Appointed to Join said Com-
mittee.

The resolution of the Council [sent] to the House requesting them to
Join in Grand Committee at the Opening of the House to Morrow
Morning to Make Choice of Two Major Generals &c. Returned Con-
curred in by the House.

A resolution from the House of representatives was sent to the Gov'nr
& Council in these words to wit —

Resolved as the Opinion of this House that the Bills alluded too in the
Communication made by Mr- Jacob which were not acted upon in Coun-
cil Last Session be considered & the same proceedings had thereon as
tho' the same had been received in Council from this House on this
Day.

An Act Directing the Treasurer of this State to pay to Elijah Hulburt
the sum of One hundred & Twenty nine Dollars & 79 Cents having pass-
ed the House, Read & Concurred with following proposals of amend-
ment to wit in the 9th and L0th Lines after the word money erase the
words & also the sum of Twenty Eight Dollars in boarding said prison-
ers, & the 15th Line after the words One hundred erase the words Twen-
ty nine and Insert the word "One."

Adjourned LTntill 9 Oclock to Morrow Morning.

Thursday Oct. the 19 d. A. D. 1797.

Met according to Adjournment & Agreeable to the Order of the Day

the Gov'nr & Council Joined the Gen'rl Assembly in Grand Committee

for the purpose of Making Choice of a Major General in the second &

third Divisions of the Militia of this State. 4 After the Dissolution of

1 Eli Cogswell, of Castleton, was elected Maj. General vice Ira Allen ;
David Erwin was elect Brig. General of 2d Brigade 2d Division, and
Samuel Strong of the 1st Brigade 3d Division.

Governor and Council — October 1797. 145

said Committee the Gov'nr & Council returned to the Council Chamber
& Reassumed the Business of the Day.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

The Petition of Amos Potter of Pitstown in the County of Rensilear
& State of Newyork praying for a New Trial in a Certain Cause therein
mentioned &c. being read & by the House referred to the Committee
appointed to hear petitions between party & party for New trials &c.
resolved that Messrs- Safford & Lynde be Appointed to Join said Com-
mittee.

A resolution from the House of Representatives Appointing a Com-
mittee consisting of one member from each County to Join such Com-
mittee as the Council shall please to Appoint to take under Consideration
all Petitions praying for New trials between party & party, State facts &
make report thereon, Members Chosen Messrs- Wait, Holmes, Wing, A.
Chamberlin, Claghorn, Heald, C. Smith, Cutler, & Baker, Resolved that
Messrs- Safford & Strong be Appointed to Join said Committee.

A resolution from the House requesting the Gov'nr & Council to ap-
point thursday the 7th Day of December next to be Observed as a Day
of Public Thanksgiving and Praise throughout this State.

The Petition of GenrL Roger Enos now Confined in Woodstock Gaol
for a Debt due from him to this State praying for an Act Liberating him
from said Confinement &c. being read & by the House referred to Messrs-
J. Robinson, Wait, & Allis to Join such Committee as the Council shall
please to Appoint, Resolved that Mr Galusha be Appointed to Join said
Committee.

The Petition of Thomas Richardson praying for an act Quieting him
in his possessions made on a Gore of Land Adjoining the North part of
Enosburgh &c. Read and by the House referred to Messrs- Israel Foster,
P. Wright, & Cutler to Join a Committee from Council, Resolved that
Mr- Knoulton be Appointed to Join said Committee.

The Petition of Richard Rand praying for a Grant of a Gore of Land
of about six hundred acres Lying between Marlboro' & N ewfane &c. be-
ing read & by the House referred to Messrs- Sam'1 Jewett, Fassett, &
Walker to Join such Committee as the Council shall please to Appoint,
Resolved that Mr- Safford be appointed to Join said Committee.

A resolution from the House Appointing a Committee Consisting of
One Member from each County to Join such Committee as the Council
shall please to appoint for the purpose of taking under Consideration all
Lottery Petitions &c. to be stiled the Lottery Committee, Members
Chosen Messrs- Moore, D. Jewett, Lothrop, Throop, Samuel Miller,
[Asahel] Chamberlin, [Martin Chittenden,] Standley [Timothy Stanley,]
& Holmes, &c. Resolved that Mr Olin be appointed to Join said Com-
mittee.

The proposals of Messrs- Judah P. Spooner & James Lyon for printing
the Statute Laws of this State being read & by the House referred to a
Committee consisting of one Member from each County to Join such
Committee as the Council shall please to appoint &c. Resolved that Mr-
Lynde be appointed to Join said Committee.

The Petition of Josiah Scott, & other Inhabitants of the Towns of
Wolcott, Elmore, & Craftsbury, praying for an Act of Legislation grant-
ing them Leave to raise the sum of five hundred Dollars by way of a
Lottery for the purpose of Building a Bridge over the River La Moile
in s'd Wolcott, & being read & by the House referred to the Lotter}^ Com-
mittee to Join the [committee] from the Council &c. Resolved to Join
Accordingly.

10

146 Governor and Council — October 1797.

The Petition of Benj. Whitman in behalf of the Proprietors of Leices-
ter praying for a grant of Unappropriated Lands within this State & to
Contain fourteen thousand acres of Land to make up the Deficiency of
the Lands in said Town of Leicester Occasioned by the Grant previ-
ously made of Salsbury which Includes a part of s'd Leicester, being
read & by the House referred to Mess'rs- Knight, Is- Smith, & Olcott, to
Join such Committee as the Council shall please to Appoint, Kesolved
that [Lieut.] Gov'nr Brigham be Appointed to Join said Committee.

An Act for the Partition of Real Estates in Certain Cases &c. having
passed the House, read & Concurred.

The Petition of James Hide [Hyde] Late of Poultney praying for
Compensation for the Loss of 28 Acres & 63 Rods of Land in said Poult-
ney set over to the State of Newyork by the Commissioners of this State
in settling the Line of this State with the State of Newyork, being read
& by the House referred to Messrs- Saxton [Sexton,] J. Whitney, I.
Clark, Curtiss, McLanklin [McLaughlin,] Walker, Thorp, Cahoon, &
Town [Fasset,] to Join such a Committee as the Council shall please to
Appoint, Resolved that Gov'nr Brigham be Appointed to Join said Com-
mittee.

The Petition of Solomon Norton praying for Like Compensation as
the foregoing petitioner has is referred by both houses to the Committee
Last Mentioned — & the Petition of Seth Craw praying for Like Com-
pensation & for Like Losses as the Petitioners James Hide & Solomon
Norton have Done is also referred to the same Committee as are ap-
pointed on said Petitions.

The Petition of Aaron Post & others praying for Leave to raise a
pond &c. Upon Fairlee Lake &c. being read & by the House referred to
Messrs- Hatch, D. Whitney, & Z. Curtiss &c. to Join a Committee from
Council &c. Resolved that Judge Marvin be appointed to Join said Com-
mittee.

The Petition of Joseph Marks of Wilmington praying the Legislature
to Chancer or Lequinquish [relinquish] One Certain Judgement had
against him by this State as bail for being bound for one James Frazer
&c. being read & by the House referred to Messrs- I. Smith, Linsley, &
Johnson, to Join a Committee from Council, Resolved that Mr White
be appointed to Join said Committee.

The Petition of Simeon Hager who prays for an Insolvant act in his
favour &c. being read & by the House referred to a Committee appoint-
ed to Hear Petitions for Insolvent acts Generally, Resolved to Join ac-
cordingly.

A resolution from the House Appointing a Committee consisting of
one Member from each County to join such Committee as the Council
shall please to Appoint to take under Consideration all Petitions for
Acts of Insolvency or Suspension, Members Chosen Messrs- Moore, Shat-
ter, Lothrop, Willoby [Willoughby,] John Clark, Johnson, Chittenden,
Chandler, & Hutchins, Resolved that Gov?nr Brigham be Appointed to
Join said Committee.

The Petition of Seth Ford & others praying for a Grant of a Gore of
Land Lying between the Towns of Enosburgh & Montgomery in the
County of Franklin &c. being read & by the House referred to the Com-
mittee Appointed on the Petition of Thomas Richards &c. Resolved that
Mr Knoullon be Appointed to Join said Committee.

The Hon. Jonas Galusha Esqr- Moved for Leave of Absence During
the remainder of the Session, which was granted.

The Act Directing the Mode of Obtaining Licenses & regulating Inns
& Houses of public Entertainment Read & Concurred with the following
proposals of Amendment to wit, after the word presented in the 15th

Governor and Council — October 1797. 147

Line after [of] the 1st Section erase the Section to the end & Insert
these words to wit, to the next & Stated County Court in the same
County. Such Court may grant Licenses to such Person or any number
of them that they shall think expedient, to keep Inns or houses of Pub-
lic entertainment for the year ensuing, which Licenses shall be in force
for one year next after the Stated Session of the Court after such Nomi-
nation is made & no Longer. Also erase the whole of Sects, third,
fourth, fifth, sixth, & seventh, & Insert & it is hereby further enacted
that it shall be the Duty of the several County Courts in their respective
Counties in their Discretion to Assess the Persons so by them Licensed
in such sums severally as they shall Judge proper not exceeding thirty
Dollars or Less than one Dollar according to their respective profitts &
situations, which sum shall be paid to the Clerk of such Court & be by
him delivered over to the Treasurer of the same County for the use of
the County & shall be accounted for by said Treasurer. In sect. 9th in
the fourth Line erase the words Town Clerk of the Towns & Insert the
County Court of the County. In the fourteenth Line & nineteenth
Line of the same section before the word Beer erase the word
Common & Insert the word Strong; in the sixteenth Line of the same
Section after the word Brandy insert the word Methiglin, and in the
nineteenth Line of the same Section erase the word Methiglin, Also
erase the whole of Section tenth.
Adjourned Untill 9 Oclock to Morrow Morning.

Friday Oct. the 20 d. A. D. 1797.

Met according to adjournment.

The Petition of Isaac Beard of West Springfield in the Common-
wealth of Massichusetts praying to be restored to his Law in a Cer-
tain action therein mentioned & a new Trial granted him, & also to
have Liberty to give Copies of Deeds from the Town Clerk's Office in
evidence, the Original Deeds being Lost &c. Read & by the House re-
ferred to Messrs- E. Wheelock, Johnson, & J. Whitney, to Join such
Committee as the Council shall please to appoint &c. Resolved that Mr-
Williams be appointed to Join said Committee.

A resolution from the House Appointing a Committee to consist of
five persons to Join such Committee as the Council shall please to Ap-
point to take under Consideration the sixth Article of the arangement
of the Business of the present Session to wit that measures be taken to
Appoint Inspectors & Pakers of Beef, Pork & Flour &c. Members
Chosen Messrs- Curtis, Olcott, Wing, Chittenden, & J. Wright, Read &
Resolved that Mr Knoulton be appointed to Join said Committee.

A resolution from the House Appointing a Committee of three per-
sons to Join such Committee as the Council shall please to appoint to
take under Consideration the fifth Article of the arangement of the
Business of the present Session to wit that some Measures be taken for
the sale of the Lands of Minors &c. Members Chosen Mr- Burnham,
Hutchins & Shumway, Read & Resolved that Mr- Strong be appointed to
Join Said Committee.

Resolved that Mr- Robinson be appointed to Join the Committee ap-
pointed on the Petition of Gen'rl Roger Enos Instead of Mr- Galusha who
was excused by leave of Absence During the remainder of the Session.

A Petition of a number of the Inhabitants of the Town of Windham
preferred to the Legislature at their Last Oct. Session holden at Rutland
with their Doings thereon being read & by the Council resolved that the
same be referred to Messrs- Knoulton & Lynde.

148 Governor and Council — October 1797.

An Act Directing the Mode of the Election of the Gov'nr Lieut. Gov'nr
Treasurer & Councillors of the State & Representatives having passed the
House, read and Concurred with the following proposal of amendment
to wit, In the sixth Line of the second section after the word both Insert
the words either of, and erase the word of in the same Line, & Insert before
the Last proviso in the third section at the letter A these words — pro-
vided always & it is hereby further enacted that if the Representative of any
Town shall Die, be Absent or Otherwise Incapacitated or prevented
from Transmitting the Votes & Certificates as aforesaid, the same shall
by the presiding Officer be Delivered to any Representative of the
County in which such Town is situate whose Duty [it] is hereby made
safely to Transmit the same to the Committee to be appointed by the
Council & General Assembly as aforesaid, and erase the words & Also.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act for the revival of & in addition to an act entitled an act assess-
ing a Tax of One penny per acre on the Lands in the Town of Brown-
ington passed the 8th [November] A. D. 1796 having passed the House,
Read & Concurred.

Adjourned Untill 9 Oclock to Morrow Morning.

[Saturday, Oct. 21, 1797.]

Met according to adjournment.

An act annexing part of Windham to Londonderry &c. having passed
the House, Read & Concurred.

An act relating to Interest on Contracts Made or hereafter to be made
having passed the House, Read & Concurred with the following propo-
sals of amendment to wit, after the word One in the Twenty sixth Line1
& Insert these words — the whole of the Usurious part of said Contract
& Twenty five per Cent, on the whole sum of said Contract; and from
the word accustomed in the 38th Line erase the residue of the provis-
ional Clause.

The Petition of Aaron Barlow of Barnard who prays for an act of
Legislation granting him a New Trial in a Certain Action brought
against him by one William Burton of Hartford and which has been
finally Decided against him &c. being read & by the House referred to
Messrs Robinson, Marsh, & Knight, Resolved that Mr- Olin be appointed
to Join said Committee.

A resolution from the House appointing a Committee consisting of
five Members to Join such Committee as the Council shall please to ap-
point to take under Consideration the extent of the act Authorizing
Samuel Williams Esqr- to Do the State printing & Report their Opinion
thereon, Members Chosen Messrs- Olcott, Curtis, Morey, Wright, &
Williams, Read & Resolved that Messrs- Marvin & Chamberlain be
appointed to Join said Committee.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

Adjourned Untill 10 Oclock Monday Morning next.

Monday Oct. the 23 d. A. D. 1797.
Met according to Adjournment.

A petition of William Maxwell of Barnet who prays for an act
Vacating a Certain Deed which he gave to his child Inconsiderately &c.

JHere is an omission in the record that cannot be supplied.

Governor and Council — October 1797. 149

being read & by the House referred to Messrs- Johnson, Israel Smith, &
Cahoon, to Join such Committee as the Council shall please to appoint,
Resolved that Mr- Chamberlain be appointed to Join said Committee.

The petition of Ebenezer Marvin, Stephen Royce, & Stephen Pearl
Esquires who pray for a grant of a Gore of Land between the Towns of
Berkshire & Richford for the benefitt of the proprietors of said Berk-
shire, being read & by the House referred to Messrs- Linsley, Lothrop,
& Fassett, to Join such Committee as the Council shall be pleased to ap-
point, Resolved that Mr- Strong be appointed to Join said Committee.

An act for the support of the Gospel &c. having passed the House &c.
Read & Concurred.

An act Directing the Mode of taking forfeitures of Grants and Chart-
ers &c. having passed the House &c. Read & Concurred.

Adjourned Untill 2 Oclock in the afternoon.

Met according to adjournment.

The Petition of Samuel Campbell of the South Hero in the County of
Chittenden who prays for an act of Legislation granting him a New
trial in a Certain action wherein one Jedediah Hide was Defendant —
Read & by the House referred to Messrs- Knight, Burt, & Linsley, to
Join such Committee as the Council shall please to appoint, Resolved
that Mr Robinson be appointed to Join said Committee.

An act Liberating Gen'rl Roger Enos from Confinement &c. having
passed the House, Read & Concurred with the following proposal of
amendment to wit, that next after the word note in the Twentieth Line
of said act Insert these words to wit, payable on Demand.

The Petition of Jonathan Parker Esq1-- & others who pray for a Land
Tax of one cent & half per acre to be assessed on all the Lands in Med-
way [Mendon,] public rights excepted &c. having passed the House,
&c. Read & Concurred. *

The act relating to the Office & Duty of an Attorney General, State's
Attornies, Clerks of the Supreme Court <& County Court & County
Treasurer &c. Read with the following proposal of amendment to wit,
in the 6th Line in the 9th Section after the word Counties Insert the
words " Annually or Oftener if need be." On Motion of Mr- Olin the
yeas & nays were called for, which were as follows to wit —

Yeas & Nays —

Samuel Williams, Paul Brigham,

John Strong, Samuel Safford,

Luke Knoulton, Gideon Olin,

Ebenezer Marvin, & John White.

Cornelius Lynde,
Elijah Robinson,
Wm- Chamberlain
& Stephen Jacob.
8 Votes in the Affirmative & 4 Votes in the Negative —

& said Bill was therefore concurred in with said proposal of amendment.

The House have by their written Messuage Informed the Gov'nr- &
Council that they have concurred in the proposal of amendment to the
act Liberating Gen'rl Roger Enos from Confinement.

The House of Representatives have sent their written Messuage to in-
form the Gov'nr- & Council they have Concurred in the proposal of
amendment to the act against Usurious Contracts &c.

Adjourned Untill 9 Oclock to Morrow Morning.

150 Governor and Council — October 1797.

Tuesday Oct. the 24 d. A. D. 1797.

Met according to adjournment.

An act for the revival of and in addition to an act entitled an act
granting a Tax of one penny half penny per acre on all the Lands in
Saltash [Plymouth] &c. having passed the House, Read & Concurred.

An act appointing Joseph Lord of S'nt Johusbury Collector of a Tax
in Burke &e. having passed the House, Read & Concurred.

An act Directing the Treasurer ot this State to pay to Charles Bullis
of Manchester in the County of Bennington the sum of Eighty seven
Dollars & hfty Cents &c. having passed the House, Read & Concurred.

An act Directing the Treasurer of this State to Credit Alexander
Pennock Constable of Strafford &c. thirty three Dollars & forty Cents,
having passed the House, Read & Concurred.

The Petition of Stephen Jacob & Benj. Stebbins Esquires wherein
they pray for Some releif in Consequence of their being bound for Wm-
Sweetser Esquire Late Sheriff of the County of Windsor &c. being read
& by the House referred to Messrs- J. Wright, E. Wheelock, I. Smith,
Williams, Sam1- Miller, Keys, Sias, & Goodrich, to Join a Committee
from Council <&c. Resolved that Mr- Olin be Appointed to Join said Com-
mittee.

The act Directing the mode of Obtaining Licences & Regulating Inns
& Houses of Public Entertainment &c. being returned from the House
with the three first proposals of amendment nonconcurred in, the rest
of the amendments Concurred in, which act is Ordered to Lie for the
present.

The Petition of James Whitclaw & Ebenezer Strong agents for the
proprietors of the Town of Salem wherein they pray for some releif in
Consequence of their grant not being made good by the State of Ver-
mont &c. being read & by the House referred to Messrs- Chittenden, P.
Wright, & Baker to Join such Committee as the Council shall please to
Appoint, Resolved that Mr- Knoulton be appointed to Join said Com
mittee.

The act for the support of the Gospel &c. being taken up & reconsid-
ered— Concurred with the following proposals of amendments. [Amend-
ments omitted from the journals.]

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

On Motion of Mr Jacob the yeas & nays were called for upon the act
for the support of the Gospel &c. with the proposed amendments, which
were as follows —

Yeas & Nays.

Samuel Safford,
John Strong,
Luke Knoulton,
Cornelius Lynde,
Elijah Robinson,
Samuel Williams,
Wm- Chamberlain
Stephen Jacob.
Adjourned Untill 9 Oclock to Morrow Morning

John White,
Gideon Olin.

Judge Marvin excused himself
from Voting. There being eight
Votes in the Affirmative & but Two
in the Negative said act was con-
curred in with said amendments.

Wednesday Oct. the 25 d. A. D. 1797.
Met according to adjournment.

A resolution from the House requesting the Gov'nr- & Council to Join
in Grand Committee at the Opening of the House this morning to Con-

Governor and Council — October 1797. 151

fer upon the amendment proposed to the amendment proposed to the
act Directing the mode of Obtaining Licenses &c. Resolved to Join ac-
cording to said request.

The Gov'ur & Council agreable to the above resolution immediately
proceeded to the House & Joined the General Assembly in Grand Com-
mittee— and after the Dissolution of said Committee the Gov'nr & Coun-
cil returned to the Council Chamber & reassumed the Business of the
Day.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The House of Representatives by one of their Members returned the
Act Directing the Mode of Obtaining Licenses &c. with their adherence
to their nonconcurrence to the proposed amendments of Council with
their reasons therefor. On motion said Act is Ordered to Lie Upon the
Table for the present.

Adjourned Untill 9 Oclock to Morrow Morning.

Thursday Oct. the 26 d. A. D. 1797.

Met according to adjournment.

A Copy of the Petition of Amos Potter wherein he prays for a new
trial in a Certain Cause therein mentioned, the Original being Lost &c.
being read & by the House referred to a Committee to Join such Com-
mittee as the Council shall be pleased to appoint &c. Resolved that
Messrs- Strong & Lynde be appointed to Join said Committee.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The act for the support of the Gospel &c. being returned from the
House of Representatives with all the amendments of the Council Con-
curred in except the provisional Clause to the fourth section to said [act,]
Resolved to Concur with the House of Representatives in Rescinding
from said proposed provisional Clause.

An Act Appointing a Committee to Lay out a road for the County
[a county road] from Chelsea to Danville &c. Read & by the House
referred to Messrs- Hoit, I. Clark, & P. Wright1 to Join such Com-
mittee as the Council shall please to Appoint, Resolved that Mr- Wil-
liams be Appointed to Join said Committee.

Adjourned Untill 9 Oclock to Morrow Morning.2

^Sias of Danville, Hatch of Chelsea, and Merrill of Wheelock in the
Assembly Journal, which doubtless is correct.
2 From Ms. Vermont State Papers, Vol. 24, p. 105:

Sir, — I do myself the honor of enclosing, for the information of the
House of Representatives, a Letter from the Sec^- of War, accompanied
by an act of Congress, passed the 24th of June, 1797.

Isaac Tichenor.
Addressed To the Speaker of the House of Bepresentatives.

Windsor Oct. 26th 1797.

The act communicated authorized a force of eighty thousand detached
militia, in addition to the regular and provisional armies. It was passed
in view of a probable war with France or other European nation, and
the command was given to Washington the 3d of July following.— See
Appendix F.

152 Governor and Council — October 1797.

Friday Oct. the 27 d. A. D. 1797.

Met according to adjournment.

The Act Directing the Mode of Obtaining Licenses and regulating
Inns & Houses of Public entertainment &c. was taken up again and
Discussed agreable to the Order of the Day &c. Resolved not to Rescind
from the proposals of amendment to sd act & that the said [act] Lie for
the present & for a further Discussion &c.

An act assessing a Tax of three Cents per acre on all the Lands in
the Townships of Guildhall, Easthaven, Newark, & Westmore & one
half Cent per acre on all the Lands in the Township of Granby &c. hav-
ing passed the House of Representatives, Read & Committed to Messrs-
Strong and White to examine said Bill, State facts & make report &c.

A Resolution from the House of Representatives Laying a [Land]
Tax throughout this State to support Government & appointing a Com-
mittee consisting of one Member from each County to Join such a
Committee as the Council shall please to appoint, Members Chosen
Messrs- Robinson, Bigelow, I. Clark, Olcott, Linsley, Johnson, Keyes,
Cameron, & House, Resolved not to Concur for the following reasons to
wit, because all Money Bills ought to Originate in the House of As-
sembly, Also shou'd the Council Concur in said resolution it would
virtually foreclose any Discussion that might be had upon the principles
of any bill that might be brought forward in pursuance of said Resolu-
tion. J

An Act Assessing a Tax of One half Cent per acre on all the Lands
in Glover having passed the House, Read & Committed to Messrs- Strong
& White to take the same under Consideration & the accompanying
Petition, State facts & make report.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

The Hon. Judge [Samuel] Barnard appeared in Council & was by his
Honor the Lieu*1 Gov'nr Duly Qualified by Oath to his Office as side or
assistant Judge to the County Court within & for the County of Frank-
lin for the Year ensuing.

An act ratifying the Division of the Town of Barnard &c. having
passed the House of Representatives, read & Committed to M1'- Cham-
berlain, & the accompanying Petition, for examination & to state facts &
make report &c.

An act assessing a Tax of three Cents per acre on all the Lands in
Goshen &c. having passed the House of Representatives, Read & Con-
curred.

An act for the revival and Alteration of an act assessing a Tax of One
penny per acre on all the Lands in Woodbury having passed the House
of Representatives, Read & Concurred.

An act granting to Daniel Taylor & his associates the privilidge of
Building a Toll bridge over West river in Dummerstown &c. having
passed the House, Read & Concurred with the following proposal of
amendment — Erase the word ten in the second Line of the third sec-
tion and Insert the word forty instead thereof; & Judge Knoulton is

1 As there was nothing in the constitution reserving to the Assembly
an exclusive right of originating bills for raising revenue, this recom-
mendation of the Governor and Council is notable. It covered the first
clause of section seven of the first article of the constitution of the
United States.

Governor and Council — October 1797. 153

requested to take said act to the House of Representatives & state the
reasons of said amendment.

The act ratifying the Division of the Town of Barnard &c. being re-
turned by Mr- Chamberlain with his report in favour [of] said Bill, Read
& Concurred.

Adjourned Untill 9 Oclock to Morrow Morning.

Windsor Saturday Oct. the 28 d. A. D. 1797.

Met according to adjournment.

The Petition of Jonathan Fassett wherein he prays for an Act of
Suspension of all civil suits against him for the Term of One year &c.
being read & by the House referred to Messrs- Burnham, Pearl, &
Thompson to Join such a Committee as the Council shall please to
appoint &c. Resolved that Mr- Olin be Appointed to Join said Com-
mittee.

An Act staying all civil proceedings against Abel Stevens for the
Term of one year &c. having passed the House, read & Concurred.

The Petition of Amos Marsh for & in behalf of the good Citizens of
the City of Vergennes wherein he prays for an act Establishing a
County Grammar School in said City of Vergennes, with a remonstrance
& Petition from the Inhabitants of Middlebury in said County of Addi-
son, being read and by the House referred to Messrs- Wing, Burt, & I.
Smith, to Join such a Committee as the Council shall please to appoint,
Resolved that Gov?nrl- be Appointed to Join said Committee.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act granting a new trial to George Reab in a Certain Cause or
Action therein mentioned &c. having passed the House, read & Con-
curred.

Adjourned Untill 9 Oclock Monday Morning next.

Monday Oct. the 30 d. A. D. 1797.

The Honble Ebenezer Marvin and John White Esquires appeared in
Council & were by his excellency the Gov'111' Duly Qualified by Oath to
their Offices respectively as Judges of the County Court within & for the
County of Franklin for the year ensuing.

Judge Marvin moved for Leave of Absence During the remainder of
the Session, which Leave of Absence was granted.

A resolution from the Gov'nr & Council requesting the General As-
sembly to Appoint a Committee of Conference to Confer with a Com-
mittee from the Council Upon the Disagreement of the Two Houses
respecting the Amendment proposed to the Bill Directing the Mode of
Obtaining Licenses & to report specially thereon, & Resolved that Mr-
Olin be appointed to Join a Committee to be appointed from the House
of Representatives for the purposes aforesaid &c.

[The House refused a conference, and thereupon the Governor and
Council] Resolved to suspend said act Untill Next Session of the Legis-
lature.

An Act assessing a Tax of three Cents per acre on all the Lands in
Guildhall &c. being taken up agreable to the Order of the Day, Read &
Concurred with the following proposal of Amendment to wit, in Line

* Probably Lieut. Gov. Brigham.

154 Governor and Council — October 1797.

sixth Sect. 1st after the Word Cents Insert the words per acre. In
the Twelvth Line in said Section after the [word] Westmore Insert
the words which said monies shall be expended in the Towns aforesaid
respectively from which by this act they are to be Collected, and in the
fourteenth Line after the word expended Insert [the words] as afore-
said. In the thirteenth Line of the second section after the word West-
more Insert the words any Law to the Contrary notwithstanding.
Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act to Authorize Oliver Kidder to sell the real estate of Tyrus
Preston &c. having passed the House, Read & Concurred.

An act Directing the Appointment of a Surveyor General & County
Surveyors and Regulating their Office & Duty &c. having passed the
House, Read & Concurred.

An act Directing the Appointment of an Auditor of Accounts against
this State & an Auditor or Auditors in the Treasury Department & De-
fining their several Duties, Directing the Treasurer in his Office & Duty
& Declaring the Manner in which actions shall be brought [for debts]
Due to this State &c. having passed the House, Read & Concurred with
the following proposal of amendment to wit, erase the word fifty in the
seventh Line of the sixth page & insert these words to wit, " one hun-
dred."

The resolution of Council which was sent to the House of Represent-
atives in the forenoon Returned nonconcurred.1

An act Establishing forms of Oaths &c. having passed the House, Read
& Concurred with this amendment to wit, in the Last Line in the Form
for a Juror's Oath in Criminal Cases after the word " you " in the Last
Line Insert the following words, " In Court," & in the form of Oaths for
Jurors before a Justice Court in Civil Cases after the word "evidence "
in the Last Line add these words " Given you in Court & the Laws of
this State."

An act Directing the proceedings against Trustees of Concealed or
Absconding Debtors &c. having passed the House, Read & Concurred
with the following proposals of Amendment to wit, In the Nineteenth
Line of the fifth Section after the word " trustees " erase the words " &
if" & Insert " provided always that the Court before which such process
or action shall be brought shall allow the Trustee or Trustees to retain
in his, her or their hands and possession of the Money, Goods, Chattels,
rights or Credits of such principal Debtor sufficient to Indemnify such
Trustee or Trustees for his, her or their reasonable costs, which shall be
Taxed by the Court, if there be sufficient to satisfy the same, but if on
examination as aforesaid it shall appear that such Trustee or Trustees
had not at the time of serving such process as aforesaid or at the time
he, she or they had notice of the «ime. or at any time since, sufficient to
Indemnify him, her or them for his, her or their reasonable Costs, no
Judgment shall be rendered against such Trustee or Trustees on such
process, but all proceedings shall be staid against such Trustee or Trus-
tees, but the Court may render Judgment thereon in favour of such
Trustee or Trustees for the Residue of such reasonable costs to be Taxed
as aforesaid against the plaintiff or plaintiffs in such process, and execu-
tion may Issue accordingly and no further proceedings shall be had upon
such process against the principal Debtor Unless he shall have had no-
tice or actually apneared & answered as is before provided in the fourth
section of this act— provided nevertheless that if it shall appear on ex-

Asking a committee of conference. This entry is misplaced.

Governor and Council — November 1797. 155

animation as aforesaid that such Trustee or Trustees shall have fraudu-
lently endeavoured to Conceal the Money, Goods, Chattels, rights or
Credits of the principal Debtor in his, her or their hands & possession,
or unduly or unreasonably have Delayed the examination and Trial of
the action, in all such cases the Court shall have power to Tax costs for
or against the Trustee or Trustees in whole or in part according to the
equity of the case as shall be thought Just and reasonable on considera-
tion of all the circumstances of the case, and Issue execution accord-
ingly. Sect, vi, and it is hereby further enacted that if execution shall
Issue against the goods and Chattels of the principal Debtor in the pos-
session of the Trustee or Trustees.
Adjourned Untill 9 Oclock to Morrow Morning.

Tuesday Oct. the 31 Day A. D. 1797.

Met according to adjournment.

A resolution from the Council requesting the House of Representa-
tives to furnish the Council with a Copy of their Journals relative to
their proceedings upon the Bill entitled an act relating to the Office and
Duty of an Attorney General &c.

An act assessing a Tax of One Cent & one half per acre on all the
Lands in Killington [Sherburne] &c. having passed the House, read &
Concurred.

An act empowering Damarious [Damaris] Harrington to Deed Lands
in Middlesex in a Certain Case therein mentioned &c. having passed the
House, Read & Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

Maj. Gen'rl Whitney and Brigadier Gen'1"1 Sam1- Strong appeared in
Council & were by his Excellency the Gov'nr Duly Qualified to their
Offices respectively as the Law prescribes.

An act prescribing forms of writs &c. & other proceedings having
passed the House, Read & Concurred.

An act restoring Aaron Barlow to his Law in a Certain Case therein
Mentioned &c. having passed the House, Read & Concurred.

An act for the support of Schools &c. having passed the House, Read
& Concurred.

An act empowering the Selectmen of the Town of Bennington to
appropriate Certain Lands for the benefitt of highways &c. having
passed the House, Read & Nonconcured, & that Judge Olin be re-
quested to Assign the reasons for said nonconcurrence to the House of
Representatives.

An act granting payment to t!ie several State's Attornies & Clerks of
the Supreme Court &c. having passed the House &c. Read & Concurred
with this proposal of Amendment that there be allowed to Nathan
Osgood Esqr- the sum of thirty five Dollars & 23 Cents for his services
as a Clerk to the same said Supreme Court &c.

Adjourned Untill 9 Oclock to Morrow Morning.

Wednesday Nov. the 1 d. A. D. 1797.
Met according to said adjournment.

A resolution trom the House of representatives requesting the Gov'nr
& Council to Join them in Grand Committee at 9 Oclock this Morning

156 G-overnor and Council — November 1797.

for the Purpose of Electing an Auditor of Public Accounts against this
State & Surveyor General, Read and Resolved to Join accordingly. ]

An act assessing a Tax of Two Cents & an half per acre on all the
Lands in Andover having passed the House &c. Read & Concurred.

An act assessing a Tax of One Cent per acre on all the Lands in Fair-
haven & Westhaven &c. having passed the House, read & referred to
Messrs- Jacob & Williams a Committee to examine said act & make their
report thereon.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act Directing the Treasurer of this State to take security of Stephen
Jacob & Benjamin Stebbins Esquires in a Certain Case therein Men-
tioned &c. having passed the House, Read & Concurred with this Amend-
ment to wit, inthe Ninth Line as numbered after the word "Instal-
ments" Insert the words hard money, Hard Money Orders, or Treas-
urer's notes.

An Act in addition to an act granting a Tax on Fairlee &c. having
passed the House, Read & Referred to Judge Knoulton to report amend-
ments thereon if Necessary &c.

An Act Directing the Treasurer of this State to pay a Certain sum of
Money as therein mentioned &c. having passed the House, Read &
Concurred.

An Act establishing the Divisions of Land in Bethel having passed
&c. Read & Nonconcured & that Mr Williams be requested to assign
the reason therefore to the House of Representatives.

An Act granting to Elkanah Stevens & Others the Exclusive Right
of Locking White River &c. having passed the House &c. Read & Con-
curred.

An Act assessing a Tax of three Cents per acre on the Town of John-
son &c. having passed the House, Read and Concurred with the follow-
ing proposals of amendment to wit, and be it further enacted that if any
monies shou'd remain unexpended after the Completion of one or more
Bridge or Bridges over said River La Moile, the same shall be ex-
pended in repairing Roads in said Town &c.

An Act assessing a Tax of one half Cent per acre on all the Lands in
the Town of Glover &c. having passed the House, Read & Concurred
with this proposal of amendment to wit, after the word " Tax" in the
thirteenth Line add these words, who is hereby appointed a Collector
for that purpose.

An Act assessing [a tax] of Two Cents per acre on all the Lands in
that part of Goshen Lying in Addison County &c. having passed the
House &c. Read & Concurred.

Adjourned Untill 9 Oclock to Morrow Morning.

Thursday Nov. 2 d. A. D. 1797.

Met according to adjournment.

An act Directing the Treasurer of this State to pay to the Selectmen
of Bennington the sum of forty three Dollars & fourteen Cents &c. hav-
ing passed the House, Read & Concurred.

The act establishing the Divisions of Land in Bethel &c. being taken
up again & on motion resolved to Rescind from the former resolution
taken upon said Act & Concurred in the following proposal of Amend-

1 Seth Storrs was elected Auditor, and James Whitelaw Surveyor
General.

Governor and Council —November 1797. 157

ment to wit, therefore it is hereby enacted by the General Assembly of
the State of Vermont that the proprietors of Bethel be and they are
hereby empowered at any Legal meeting warned for that purpose to rat-
tify & Establish all or any of the Divisions made in said Town, and if
hereafter, at any meeting of said proprietors warned as aforesaid said
proprietors shall vote to ratify & Establish all or any of the Divisions
made in said Town either befere or after the Issuing their Charter, [said
vote] shall be considered as good and valid in Law and any person may
and are hereby empowered to give the records of the Divisions of said
proprietors so Ratified and Confirmed in evidence the same as tho' they
were regularly & Legally made.

An act Directing the times & places for holding Probate Courts within
and for the District of Bradford and Randolph in the County of Orange
&c. having passed the House, Read & Nonconcured and that Gov;nr
Brigham be appointed to Assign the reasons to the House of Representa-
tives for said Nonconcurrence.

The act empowering the Selectmen of the Town of Bennington to
Appropriate Certain Lands &c. Returned from the House of Represent-
atives by Mr- Robinson a Member with their reasons for their adherance
to said act.

The act for the revival of and in addition to an act entitled an act
Granting a Tax of three Cents on each acre of Land in the Township of
Fairlee &c. having passed the House, Read & Concurred with the follow-
ing proposal of amendment to wit, erase the whole of said act except
the words " an act" & Insert the following Lines and words to wit, In
addition to an act entitled an act granting a Tax of three cents per acre
on each [acre] of Land on the Township of Fairlee in the County of
Orange for the purpose of Making Roads & Building Bridges, passed the
22d. of February A. D. 1797. — Whereas the Committee Appointed in &
by said act have not been able to Lay out the whole of the Monies
arising from said Tax the preceding season agreably to Law, and
whereas it appears to this Assembly that it wou'd be greatly beneficial
to the Public to have the Post road thro' said Town Compleated the
present year, therefore it is hereby enacted by the General Assembly of
the State of Vermont that said Committee be and they are hereby Au-
thorized and impowered to Lay out the residue of said Tax at any time
in the present year, any thing in this or any other act [or] acts of this
State to the Contrary notwithstanding. And it is hereby further en-
acted that the County Court of said County be and they hereby are
Directed to allow the same price for Labour which shall be Laid out in
pursuance of this act as is Directed to be allowed in the months of Nov.
& December in & by an act of this State entitled an act regulating the
Disposition of Monies raised by Tax on Lands in the several Towns in
this State for the Purpose of Making and repairing roads & Building
Bridges passed Nov. the 2'd A. D. 1796.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act assessing a Tax of three Cents per acre on all the Lands in
Stamford for the purpose of Making roads & Building Bridges &c. hav-
ing passed the House, Read & Concurred.

An act to Establish the doings of the Selectmen of Hartland &c.
having passed the House &c. Read & Concurred.

An act impowering the Administrators on the Estate of Hilkcot
[Hilkiah] Grout Late of Weathersfield &c. to Deed Certain Lands as
therein Specified &c. having passed &c. Read & Concurred.

The resolution taken Yesterday upon the act assessing a Tax of Two
Cents on each acre of Land in that part of Goshen Lying in the County

158 Governor and Council — November 1797.

of Addison being reconsidered the said Act was Concurred in with the
following proposal of Amendment to wit, in the tenth Line in the first
sect, after the word " Hancock " insert these words — and for the Laying
out a Road & making one thro' said Town from Brandon to Ripton &c.

A Bill appointing a Committee to fix the place for holding Courts in
Franklin County &c. having passed the House, read & Concurred with
the fallowing proposals of Amendment to wit, erase the whole of the
preamble to said Act except the Two first Lines and a part of the third
Line so far as to include the word Franklin &c. Also erase the whole
of the Last enacting Clause.

Adjourned Untill 9 Oclock to Morrow Morning.

[Friday, Nov. 3, 1797.]

Met according to Adjournment.

The Act Appointing a Committee to Lay a County road from Chelsea
to Danville &c. having passed the House, Read & Concurred.

An Act empowering Silas Crosby Administrator on the estate of
Jared Crosby Deceased to sell Lands &c. having passed the House &c.
Read & Concurred.

A resolution from the House requesting the Gov1nr & Council to Join
in Grand Committee at 2 Oclock in the "Afternoon for the Purpose of
Electing a Brigadier General in the second Brigade and third Division
[and second brigade of the fourth division] of the Militia of this State.
[Resolved to Join accordingly.]

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment.1

The Gov'nr & Council then proceeded to the House of Representatives
& Joined them in Grand Committee according to their Concurrent res-
olutions taken in the forenoon of this Day — & after the Dissolution of

1 The following resolution of the Governor and Council was not en-
tered on the journal of that body, but was sent to the House, and was
printed in its journal.

From the printed Assembly Journal, Nov. 3 1797 :

The following resolution was received from the governor and council,
viz.

In Council, November 3, 1797.

Whereas by an existing law, directing the mode of passing bills, and
by the constitution of this state, it becomes the duty of the house of rep-
resentatives, on receiving a bill from the council, with the proposals of
amendment thereto, to proceed to try the sense of the house, whether
they will concur with the council in the amendments proposed, and on
non-concurrence to return the bill to the council, with the reasons of
their dissent, that the council may proceed further thereon. And
whereas it appears from the journals of the house of representatives,
that the bill entitled u An act relating to the office and duty of an attor-
ney general, state's attornies, clerks of the supreme and county courts,
and county treasurers,'1 returned to the house of representatives, by the
council, on the 23d of October last, with proposals of amendment, has
been dismissed by the house without acting on the amendments so pro-
posed as aforesaid contrary to the opinion of the council, to the ex-
press letter of the law, and a just construction of the constitution :
Therefore, Resolved, That it be recommended to the house of repre-

Governor and Council — November 1797. 159

said Committee the Gov'nr & Council returned to the Council Chamber
and reassumed the Business of the Day.1

An Act Directing the Treasurer of this State to pay Elisha Clark for
his services as Auditor of Public Accounts fifty Two Dollars &c. having
passed the House of Representatives &c. Read & Concurred.

An Act assessing a Tax of Two Cents & one half per acre on all the
Lands in Enosburgh &c. to make a Bridge across Missisqui River & Re-
pair Roads &c. [having passed the House,] Read & Concurred with the
following proposals of Amendment— to wit, In the Title of the act & in
the third Line of the enacting Clause erase the words " & an half," & at
the Close of the Act add the following providing Clause Viz: Provided
Nevertheless and it is further enacted that the Collector of said Tax
shall have no power to sell any Lands for the payment of the same
Untill after Two years from the passing of this Act, and it is also further
provided that the aforesaid Committee shall [not] be entitled to Charge
or receive any more pay for their services in advertising & Directing
the expenditure of Monies arising on said Tax than they would be
entitled to receive if they Lived in the said Township of Enosburgh.

Adjourned Untill 9 Oclock to Morrow Morning.

Saturday Nov. the 4 d. A. D. 1797.

Met according to Adjournment.

The Honr,1 Judges of the Supreme Court of Judicature Appeared in
Council & were by his Excellency the Gov'nr Duly Commissionated &
sworn to their said Office respectively.

An Act Declaring the Manner in which Accounts shall be kept &c.
having passed the House of Representatives &c. Read & Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met According to Adjournment.

An Act Adopting the Common Law of England &c. having passed
the House of Representatives &c. Read & Concurred.

An Act Assessing a Tax of Two Cents per acre on all the Lands in
Newfane &c. having passed the House of Representatives, Read & Non-
concurred & Mr Olin is Appointed as a Member to Assign the reasons
therefor to the House &c.

An Act for Quieting the Heirs of William Utley Late of Brumley
[Peru] Deceased &c. having passed the House of Representatives &c.
Read & Concurred.

A resolution from the House of Representatives Appointing a Com-
mittee of One Member from each County to Join such Committee as the
Council shall please to Appoint to Assertain the Hard money in the
Treasury and Apportion the same among the Members & Officers of the
Legislature &c. Resolved that Judge Olin be Appointed to Join said
Committee.

sentatives, to proceed and act upon the amendments proposed by the
council, in the manner prescribed by law.
A true extract from the journals, Attest, Truman Squier, Secretary.

In the House this matter was debated largely on the 4th of Novem-
ber, and on the yeas and nays the House refused to reconsider the vote
dismissing the bill — yeas 38, nays 65.

"The Brigadier Generals elected were Martin Chittenden and Cor-
nelius Lynde.

160 Governor and Council — November 1797.

An Act for the Limitation of suits &c. on Penal Statutes, Criminal
prosecutions, and Actions at Law having passed the House &c. Read and
Concurred with the following proposals of Amendment to wit, Next
after the word " theft " in the seventh Line of the third section Insert
the words Robbery, & next after the word " Forgery " in the eighth
Line insert the word Arson, & next after the word "Robbery " insert
the word Burglary, and next after the word " except " in the Twenty-
fifth Line insert these words " Arson and " — and next after the word
" Persons " in the Twenty-seventh Line of the tenth section insert these
words " Coming or " — in the thirteenth Line of the eleventh section
erase the word " One " and insert the word " Two " — and in the fifteenth
Line erase the word " one " & insert the word Two — & in the Twenty
second Line erase the word " recovering " & insert the word reversing
— & in the Twenty fourth Line erase the word " one " & insert the word
Two.

Adjourned Untill 9 Oclock Monday Morning next.

Monday Nov. the 6 d. A. D. 1797.

Met According to Adjournment.

An Act granting power to the Administrators of David Johnson to
execute the Deed therein mentioned &c. having passed the House, Read
& Concurred with the following proposal of Amendment to wit, erase
the words " it is " in the tenth Line.

An Act in Revival and Alteration of an act entitled an act assessing a
Tax of one penny per acre on all the Lands in Georgia &c. and Two
pence per acre on all the Lands in S'nt Albans &c. having passed the
House &c. Read & Concurred.

An Act in Addition to & Alteration of an act entitled an act for the
purpose of enabling a Committee therein appointed to Straiten, Lay out
& Repair a Road from the South Line of Salsbury to Onion river bridge
&c. having passed the house, Read & Nonconcured & that Mr- Wms
is appointed to return said Act & Assign the reasons therefor &c.

An Act Directing the Treasurer of this State to pay to Samuel Hitch-
cock Esqr- & Richard Whitney Certain sums of Money &c. having passed
the House, Read & Concurred.

An Act altering, adding to & Reviving an act assessing a Tax of &c.
on Colchester &c. having passed the House, Read & Concurred.

The Act for the Limitations of suits on Penal Statutes, Criminal pros-
ecutions & actions at Law &c. being returned from the House of Repre-
sentatives by a Member with their Nonconcurrence to the proposed
amendment respecting writs of Error &c. Resolved to Rescind from said
amendment.

A Bill Directing Certain Trustees to make the Conveyance therein
mentioned &c. having passed the House of Representatives &c. Read &
Concurred.

An Act Incorporating S'nt Andrews Gore into a Township by the
name of Plainfield &c. having passed the House of Representatives &c.
Read & Concurred.

An Act assessing a Tax of four Cents on each acre of Land in Towns-
hend &c. having passed the House &c. Read & Concurred.

An Act Directing the Treasurer of this State to pay to Cornelius Thorp
& Wm- Duncan Twenty Dollars &c. having passed the House of Repre-
sentatives &c. Read & Concurred.

An Act Directing the Sale of the Real Estate of Silas Aylsworth a
Minor &c. having passed the House of Representatives &c. Read & Con-
curred.

Governor and Council —November 1797. 161

An Act freeing Nathan Manly from Civil Arrest for three years &c.
having passed the House &c. Bead & Nononcurred & Mr Williams is
appointed to assign the reasons therefor to the House of Representa-
tives.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An act granting to Aaron Post Liberty to erect Dams on the Waters
of Fairlee Lake so called &c. Read and Nonconcured — & Mr Olin is
appointed to assign the reasons thereof to the House &c.

The act appointing a Committee to fix the Place for holding Courts in
Franklin County &c. being returned by a Member from the House of
Representatives with their Noneoncurrence to the proposals of amend-
ment, Read & Resolved to Rescind from s?d proposals of Amendment &
Concur with the House &c.

An act for establishing Addison County Grammar School &c. having
passed the House of Representatives &c. Read & Referred to Messrs- Rob-
inson & Knoulton to examine said act & make Report &c.

An act in addition to an act and in revival of an act entitled an act
assessing a Tax of one penny per acre on Craftsbury &c. having passed
the House of Representatives &c. Read & Concurred.

An act in addition to an act and in Revival of an act entitled an act
Impbwering the proprietors of the Town of Newhaven to Pitch the Un-
divided Lands &c. having passed the House of Representatives &c. Read
& Concurred.

An act for the Revival & Alteration of an act assessing a Tax on
Hinesburgh &c. having passed the House of Representatives &c. Read
& Concurred.

An act to revive an act entitled an act assessing a Tax of Twopence
per acre on all the Lands on the Township of Swanton &c. having
passed the House &c. Read & Concurred.

An Act laying a Tax of one half Cent on the Polls & Rateable estate
of the Inhabitants of Windsor County &c. having passed the House of
Representatives &c. Read and Concurred.

Adjourned Untill 9 O'clock to Morrow Morning.

Tuesday Nov. the 7 Day A. D. 1797.

Met according to adjournment.

An Act Assessing a Tax of one Cent & an half on each acre of Land
in the Town of Danvillee & Walden Gore &c. having passed the House
of Representatives &c. Read and Concurred.

An Act empowering Joel Foster & Jerusha Washburn &c. to Deed
Lands &c. having passed the House of Representatives &c. Read & Or-
dered to Lie for the present.

An Act granting to Samuel Campbell a New Trial &c. having passed
the House of Representatives &c. Read & Ordered to Lie for the present.

A Bill on the Report of your Committee on the Petition of the Select-
men of the Northhero &c. having passed the House of Representatives
&c. Read & Ordered to Lie.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to Adjournment.

The Petition of John Nott praying for releif against Stephen R. Brad-
ley respecting a Certain Farm of Land &c. being read & by the House
of Representatives referred to Messrs- Knight, Keyes, & P. Wright, to
Join such Committee as the Council shall please to Appoint, Resolved
that Mr- White be Appointed to Join said Committee.
11

162 Governor and Council — November 1797.

An Act for Establishing Addison County Grammar School &c. having
passed the House of Representatives &c. Read & Concurred with the
following proposals of Amendment to wit, in the fifth Line in the Title
of the act erase the word " Middlebury" & Insert the word County in its
Stead, — in the the Eleventh Line in the first page erase the word " Mid-
dlebury " & Insert Addison County in its Stead — in the second page in
the first Line erase the word u Middlebury " & Insert Addison County —
in the tenth Line after the word " made " [insert] within said County
of Addison &c.

Adjourned Untill 9 Oclock to Morrow Morning.

Windsor Wednesday Nov. the 8 d. A. D. 1797.

Met according to adjournment.

An act for granting a Tax of three Cents per acre on all the Lands in
the Town of Concord &c. having passed the House of Representatives
&c. Read & Concurred.

An Act Directing the Treasurer of this State to pay to the Selectmen
of Northhero sixty six Dollars & fifty nine Cents &c. having passed the
House of Representatives &c. Read & Concurred.

An Act Assessing a Tax of One Cent per acre on the Town of Hol-
land &c. having passed the House of Representatives &c. Read & Con-
curred.

An Act in addition to an Act assessing a Tax of Twopence per acre
on all the Lands in the Town of Craftsbury &c. having passed the House
&c. Read and Concurred.

The Hon. Martin Chittenden Esq. appeared in Council & was Duly
Qualified to his Office as Cheif Judge of the County Court within & for
the County of Chittenden for the year ensuing.

An Act granting a Tax on Lincoln of Two Cents per acre &c. having
passed the House of Representatives &c. Read and Concurred.

The Honrble Cornelius Lynde & Martin Chittenden appeared in Coun-
cil and were Duly Qualified by his Excellency the Gov?nr to their
respective Office5 as Brigadier Generals &c.

An Act in addition to an Act granting to Israel Converse &c. the
right of running a Stage from Windsor to Burlington &c. having passed
the House of Representatives &c. Read and Concurred.

An act assessing a Tax of Two Cents per acre on all the Lands in
Darby [Derby] &c. having passed the House of Representatives &c.
Read and Concurred.

An Act appointing a Land Tax in Fletcher &c. having passed the
House of Representatives &c. Read and Concurred.

An Act Directing the Treasurer of this Slate to pay to the Selectmen
of Dummerston the sum of forty six Dollars & Eight cents &c. having
passed the House of Representatives &c. Read & Concurred.

An Act assessing a Tax of Two Cents per Acre on all the Lands in
Whiting &c. having passed the House of Representatives, Read and
Concurred.

An Act empowering Asa Tilden Administrator to the Estate of Benj.
Follett to sell all the real Estate of the Deceased &c. having passed the
House of Representatives &c. Read & Concurred.

An Act suspending all Civil prosecutions against Simeon Hagar for
three years &c. having passed the House of Representatives &c. Read
and Nonconcured & Mr- Olin is appointed to return s'd act & assign the
reasons for said nonconcurrence.

An Act assessing a Tax of Two Cents per acre on all the Lands in

Governor and Council — November 1797. 163

Sterling &c. having passed the House of Representatives, &c. Read and
Concurred.

An Act Aopointing a Collector of a Land Tax in Fairfield &c. having
passed the House of Representatives &c. Read and Concurred.

An Act Directing the Treasurer of this State to pay the Selectmen of
Shelburn the sum of Twenty five Dollars & 45 Cents &c. having passed
the House &c. Read and Concurred.

An Act in Addition to an Act entitled an Act Organizing the Coun-
ties of Franklin & Caledonia &c. having passed the House &c. Read and
Concurred.

An Act Authorizing Reuben Bradley to Deed Lands &c. having passed
the House &c. Read and Concurred.

An Act Laying out & Establishing a Road thro' S'nt Johnsbury &
Lyndon having passed the House &c. Read and Concurred.

An Act in Addition to an act constituting the Supreme Court of Ju-
dicature, County Courts, and Defining their powers &c. having passed
the House &c. Read & Concurred.

An Act assessing a Tax of three cents per acre on all the Lands in
Orange &c. having passed the House &c. Read and Concurred.

An Act Assessing One Cent & an half per acre on Georgia &c. having
passed the House &c. Read and Nonconcured, And Mr Wms- is ap-
pointed to Assign the reasons therefor to the House &c.

An act empowering Joel Foster and Jerusha Washburn Adminis'trs
on the Estate of Daniel Washburn Deceased &c. to Deed One hundred
acres of Land &c. having passed the House &c. Read and Concurred.

An Act in addition to an act entitled an Act granting Leave to Jabez
Rogers of Middlebury to raise Twelve hundred Dollars by Lottery for
his benefitt &c. having passed the House, Read and Concurred.

An Act Describing the Division Line between the Towns of Burling-
ton & Williston &c. having passed the House &c. Read and Concurred.

An Act Authorizing the proprietors of Leicester to Divide their
Lands by pitching &c. having passed the House &c. Read & Concurred.

An Act assessing a Tax of three cents per acre on all the Lands in
the Town of Barnett &c. having passed the House, &c. Read & Con-
curred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An Act in Addition to and Alteration & in revival of an Act entitled
an act assessing a Tax of Twopence per acre on all the Lands in Milton
&c. having passed the House &c. Read and Concurred with the following
proposals of amendment to wit, erase the four first Lines of the Pream-
ble and in the third Line of the first Section erase the word " three "
& Insert the word Two instead thereof.

An Act suspending all prosecutions against Simeon Hager for three
years returned by Mr- Marsh a Member with the adherence of the House
&c. to their said act.

A Bill repealing the 10th Section of the Act Defining what shall be
Deemed and adjudged a Legal Settlement &c. having passed the House
&c. Read & Concurred.

An Act empowering Samuel Wheat to Sell Lands &c. having passed
the House &c. Read and Concurred.

An Act granting to Joseph Marks Liberty to redeem his Farm &c.
having passed the House &c. Read and Concurred.

An Act regulating fees &c. having passed the House &c. Read & Con-
curred with the following proposals of Amendment to wit, in the first
page under the title Gov'nrs fees erase the three Last Lines — under the
title Councillor's fees erase fifty Cents — & seventy five cents under the

164 G-overnor and Council — November 1797.

title Justice's fees at the bottom of the seventh page — erase one Dollar
& insert seventy five cents under the title Clerk's of the Supreme &
County Courts fees page Ninth. In the Article relating to the record-
ing all Deeds to be by Law recorded in the County Clerk's office the
same fees as are allowed to Town Clerks for like services — page tenth
under the title Sheriff's. Constable's & Collector's fees at the beginning
of the eighteenth Line insert the word Sheriffs, and at the end of said
Line Insert fifty Cents. After the Nineteenth Line Insert the words
Sheriffs for attending the Supreme & County Courts per day eighty one
cents, Constables for like services seventy five Cents — page eleventh at
the end of the Eight Line erase the figure five and Insert the figure
four — in the Ninth Line erase five & Insert four — Line the tenth erase
seventy five & Insert fifty. Line Twelvth at the end erase five & Insert
four, Page Twelvth Line third after the word " Complaint " Insert the
words before a Justice of the Peace — at the end of the fifth Line erase
the figure five & Insert four. Page thirteenth Line third at the end
erase eighty one & Insert seventy five cents, erase the fourth Line Under
the Title Sheriff's fees, after the words one Dollar add fifty cents in
Sheriff's fees for attending the Assembly, & also insert for Attending
Supreme & County Courts per Day one Dollar, Constable's fees for Like
services &c. seventy five cents.

Adjourned Untill 9 Oclock to Morrow Morning.

Thuksday Nov. the 9th A. D. 1797.

Met according to adjournment.

An Act Directing the Treasurer of this State to pay to Benj. Cadey the
sum of Twelve Dollars &c. having passed the House &c. Read & Con-
curred.

An Act granting to Samuel Campbell a New Trial in a Certain Cause
therein mentioned &c. having passed the House &c. Read & Concurred.

An Act Directing the Treasurer of this State to pay to the Selectmen
of the South Hero the sum of One hundred & nine Dollars & sixty six
Cents &c. having passed the House &c. Read & Concurred.

An Act Assessing a Tax of three Cents per acre on all the Lands in
Irasburgh & Coventry &c. having passed the House &c. Read & Con-
curred.

An Act Directing the Secretary of State to Make an Alteration in an
Act as therein mentioned &c. having passed the House &c. Read & Con-
curred.

An Act Appointing New Managers in the Connecticutt River Lottery
&c. having passed the House &c. Read & Concurred.

The HonrbIe Samuel Williams, John Strong, Samuel Safford, Cornelius
Lynde, William Chamberlain, & Gideon Olin were Duly Qualified to
their respective Offices as Judges of the County Courts by his Excel-
lency the Gov'nr in the presence of the Council.

The Act Suspending all Civil prosecutions against Simeon Hager for
the Term of three years, which was Nonconcurred in by the Council,
being returned adhered too by the House &c. Resolved to Rescind from
said nonconcurrence & Concur, with the following proposal of* amend-
ment to wit, provided nevertheless, & it is hereby further enacted that
the said Simeon Hager shall take no Benefitt by this Act untill he gives
bonds with one or more sureties to the acceptance of one of the Judges
of the County Court of Bennington County in the sum of One thousand
Dollars to his Creditors generally, Conditioned that the said Simeon
shall not waste, embezzle, secrete, or Destroy any of his Estate with in-
tent to Defraud any one of his Creditors, which bond shall be filed with

Governor and Council — November 1797. 165

the Clerk of such County Court, and each Creditor on any breach of said
Condition shall have right of Action in his own name on said Bond, a
Copy of which attested by the Clerk of said County Court may be read
in evidence on any such action & have the same Opperation as if such
Creditor had been severally named in such Bond & the same was pro-
duced in Court.

In Council Nov. the 9 day A. D. 1797.

Kesolved that the House of Representatives be requested to furnish
the Gov'nr & Council with a Copy of their Journals of their proceedings
on the resolution of Council of the 3'd Instant recommending to the
House of Representatives to proceed to Act upon the amendments pro-
posed by Council to the Bill entitled an Act relating to the Office &
Duty of Att'y General, State's Attornies, Clerks of the Supreme &
County Courts, & County Treasurers, that the Council may be enabled
to proceed on a Bill now before them in part embracing the same
Objects &c.

An Act Directing Leather Sealers in their Office & Duty and regu-
lating the sale of Leather, boots & shoes, the Manufacture & sale of Iron
& Nails &c. having passed the House of Representatives &c. Read &
Concurred.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An Act Directing the Treasurer to pay to the Selectmen of Norwich
the sum of &c. having passed the House, read & Concurred.

An Act assessing a Tax of half a Cent on each acre of Land in the
Town of Williston &c. having passed the House &c. Read & Concurred.

An Act assessing a Tax of one Cent per acre on all the Lands in the
Townships of Fairhaven & Westhaven &c. having passed the House &c.
Read & Concurred with proposals of Amendments &c.

An Act for the Limitation of Actions &c. having passed the House &c.
Read & Referred to Messrs- Jacob & Lynde to examine & make report &c.

An Act Directing the Treasurer to pay [$103.66] the expences of
Election Day &c. having passed the House &c. Read & Concurred.

An Act entitled an act pointing out the Mode of Collecting Land
Taxes in several Towns in the County of Chittenden &c. having passed
the House of Representatives, Read & Concurred.

An Act Directing proprietors' Clerks to Deliver over to Town Clerks
upon the Dissolution of proprietorship all records of said Office &c. hav-
ing passed the House of Representatives &c. Read & Concurred.

The Gen'rl Assembly having Concurred in the resolution of Council
for meeting in Grand Committee &c. the Gov'nr & Council agreable to
the Concurrent resolutions of both Houses met in Grand Committee ac-
cordingly— & after the Dissolution of the Grand Committee Govnr &
Council returned to the Council Chamber & proceeded to the Business of
the Day.

A resolution from the House of Representatives with respect to the
Debentures of this Session & how the same shall be made up for this
Session to wit, the Members of the Assembly & Officers attending them
& all other Officers waiting on the Legislature shall be made up agrea-
ble to the Bill that has passed the House this Session, & that the Coun-
cillors' fees shall be made up at one Dollar & 75 Cents per Day — Read &
Concurred.

An Act Confirming to Jonathan Chase Esq. & other proprietors of
Cornish Bridge the exclusive right of Building Toll Bridges over Con-
necticut River between Cornish & Windsor &c. having passed the
House of Representatives &c. Read & Concurred.

166 Governor and Council — November 1797.

An Act Directing the Treasurer of this State to pay Wesley Perkins
the sum of 26 Dollars & sixty six Cents having passed the House of
Representatives, Read & Nonconcurred & Mr- Williams is appointed to
Assign the reasons to the House for said Nonconcurrence.

An Act in Addition to an Act entitled an act regulating proprietors'
Meetings &c. having passed the House of Representatives &c. Read &
resolved that it be recommended to the House to Lay over said act un-
till the next Session of the Legislature.

Adjourned Untill 9 Oclock to Morrow Morning.

Friday Nov. the 10 d A. D. 1797.

Met according to adjournment.

The Debenture of Council being made out amounting in the whole to
the sum of 922 Doll: & 57 Cents, Read & by the House of Representa-
tives Approved of, Resolved that Mr- Robinson be appointed to receive
the Debenture of Council &c.

In Council Nov. the 10 d. A. D. 1797.

Resolved that his Excellency the Gov'nr be advized to proceed in
making Detachments from the Militia of this State to supply the Quota
of Troops required by the Government of the United States in such
manner as he shall Judge most proper & Convenient. 1

An Act assessing a Tax of one Cent per acre on all the Lands in this
State for the support of Government &c. having passed the House of
Representatives &c. Read & Concurred with the following proposals of
amendment to wit, in the third section after the word " Borough " In-
sert North Districk [district] & New Borough South Districk — in the
same section after the word " Londonderry " Insert Sommerset — in the
same section erase the Names of the following Towns to wit, " Chitten-
den, Philidelphia'' — in the same section to the Names of the Towns in Cal-
edonia County Insert Grotton. Sect. 12, In the Line 13th- after the
word "advertisement" Insert these words: in which shall be specified
the Names of all the several Towns or Gores of Land upon which the
Tax has not been paid. Sect. 13th- after the word u shall " in the third
Line erase the whole Clause & insert these words Viz. between the
Hours of Nine Oclock in the forenoon & the setting of the sun the same
Day or Days on which the same may be holden, & every sale which shall
not be made within the Period of the Day or Days above prescribed is
Declared to be Null & Void.

An Act regulating the printing, binding, Distribution & Sale of the
Revised Laws of this State &c. having passed the House of Representa-
tives &c. Read & Concurred.

The Act repealing certain acts therein Mentioned having passed the
House of Representatives &c. Read & Concurred with the following pro-
posals of amendment to wit, erase the Two first Lines in the 12th page
33 section — 2d in the third Line erase the word u July " & Insert the
word August.

Adjourned Untill 2 Oclock in the Afternoon.

Met according to adjournment.

An Act suspending the Operation of Certain Acts therein mentioned
& for other purposes brought into Council by Mr- Jacob, Read & passed
& Ordered to be sent to the House of Representatives for their Concur-
rence &c.

} See Appendix F.

Governor and Council — November 1797.

167

An Act for the Inspection of Beef, Pork, &c. &c. having passed the
House of Representatives, Read & Concurred.

An Act Appointing State's Attornies, Clerks of the Supreme Court in
the several Counties in this State &c. Regulating their Office & Duty &c.
having passed the House of Representatives &c. Read & Concurred.

An Act correcting the errors in the proceedings of Westford &c. hav-
ing passed the House of Representatives &c. Read & Concurred.

A resolution from the House Appointing three Members as a Com-
mittee to Join such Committee as the Council shall please to appoint for
the purpose of reporting an act for the Appropriations for the present
year &c. Resolved that Judge Robinson be Appointed to Join said
Committee.

An Act for the Appropriations for the present year &c. having passed
the House &c. Read & Concurred with this amendment, that there be
allowed to Mr- West 15 Dollars Instead of ten Dollars.

Information is sent from the House by a Member that they have con-
curred in the Act sent Down from Council relating to the suspending
the Operation of Certain Acts therein mentioned & for other purposes &c.

The Act regulating fees &c. returned to the Council from the House
of Representatives &c. with proposals of amendment Nonconcurred in.
On Motion of Mr- Jacob shall the act be suspended untill next Session
of the Legislature, Resolved to suspend said act accordingly. Messrs-
Safford, White, & Olin moved to have their Dissent entered Upon the
Journals, which was granted. Resolved that Mr- Williams be Appointed
to return said act to the House &c.

An Act to Continue in force the several Acts relating to fees &c.
Read, Passed & Ordered to be sent to the General Assembly for their
revision, Concurrence, or proposals of Amendment.

Resolved that his Excellency the Govnr be advised to Appoint the sec-
ond Wednesday of April next to be Observed as a Day of Humiliation,
Fasting & prayer thro'out this State &c.

Debenture of Council.

His Honor the Lieut.

Miles

Days

Doll.

& Cents.

Gov'nr

Travel.

Atten.

Total

amount.

Paul Brigham Esqr-

22

30

122

64

& the Honorable

Samuel Safford

90

30

63

30

John Strong

90

30

63

30

Luke Knoulton

48

30

58

26

Ebenezer Marvin

130

19

64

57

Jonas Galusha

85

8

24

20

Gideon Olin

87

30

62

94

John White

125

30

67

50

Cornelius Lynde

55

30

59

10

Elijah Robinson

10

30

53

70

Samuel Williams

45

30

57

90

William Chamberlain

72

30

61

14

& Stephen Jacob Esqrs-

0

30

52

50

Councillors.

Truman Squier Secr'y

60

30

67

20

& Lucius Hubbard Sheriff

22

30

47

64

Mr- W est's account for

his Chamber &c.

0

0

10

0

961 417 922 57

Both Houses concluded their Session at Windsor by adjourning with-
out Day. Attest, Truman Squier, Secr'y.

TWENTY-SECOND COUNCIL.

OCTOBER 1798 TO OCTOBER 1799.

Isaac Tichenor, Bennington, Governor.
Paul Brigham, Norwich, Lieut. Governor.

Councillors:

Samuel Safford, Bennington,
John Strong, Addison,
Luke Knoulton, Newfane,
Ebenezer Marvin, Franklin,
Jonas Galusha, Shaftsbury,
Cornelius Lynde, Williamstown,
Elijah Robinson, Weathersfield,

Samuel Williams, Rutland,1
Wm. Chamberlain, Peacham,
Stephen Jacob, Windsor.
Noah Smith, Bennington,2
Timothy Todd, Arlington,
Abel Spencer. Clarendon,3
Benjamin Burt, Westminster.4

Truman Squier, Manchester, Secretanj, until Oct. 15 1798.5
Richard Whitney, Guilford, Secretary, on and after Oct. 15.
John Chipman, Middlebury, Sheriff.

BIOGRAPHICAL NOTICES.

Noah Smith was born at Sumeld, Conn., and was a graduate of
Yale College in 1778, having among his classmates Stephen Jacob,
who was his colleague in the Council, and his successor on the bench of

*Mr. Williams was elected to both Council and House, and served in
the House.

2 Resigned Oct. 29, 1798, to accept the office of Judge of the Supreme
Court.

3 Elected in Grand Committee and took his seat in the Council Oct.
13 1798.

4 Elected in Grand Committee, vice Smith resigned, Oct. 29 1798.

6 Mr. Squier resigned Oct. 12 1798, but consented to serve until a suc-
cessor was appointed.

Biographical Notices. 169

the Supreme Court— Noah "Webster the lexicographer, Joel Barlow the
poet, Gov. Oliver Wolcott, Chief Justice Zephaniah Swift, and U. S.
Senator Uriah Tracy. On leaving college, Mr. Smith immediately re-
moved to Bennington, and there he delivered an address, Aug. 16 1778,
on the first anniversary of the battle of Bennington, for which see Ver-
mont Historical Society Collection, Vol. I. He was admitted to the bar of
Vermont at Westminster, May 26 1779, with Stephen R. Bradley — these
being the first admissions to the bar of Vermont. Bradley was appoint-
ed clerk of the court, and Smith State's Attorney within and for the
county of Cumberland, pro tempore. In June of the same year he was
appointed to the same office for Bennington County, which he held in
1780, from 1786 until 1789, and in 1791. He was Clerk of Bennington
County Courts from 1781 until 1784; Judge of the Supreme Court in
1789 and 1790; appointed U. S. Collector of Internal Revenue in 1791;
and again Judge of the Supreme Court from 1798 until 1801. He served
as Councillor one year only. He removed from Bennington to Milton
soon after 1800, and died there, Dec. 25 1812, aged 57.— Vt. His. Soc.
Collections, Vol. i; Slade's state Papers; Deming's Catalogue; Vt. Leg-
islative Directory.

Doct, Timothy Todd represented Arlington in 1790, '91, '93, '94, and
'95; was Councillor from 1798 until 1801; and delegate in the Constitu-
tional Convention of 1791. — Deming's Catalogue. Of the Doctor's pre-
vious and subsequent life, no record is found, other than that he was an
influential member in the first incorporated Medical Society in the State,
and a poet ranking well among his contemporaries. — See in Rutland
Herald of July 9 1798, and July 15 1799, two odes— the first by Thomas
Green Fessenden, and the last by Dr. Todd.

Abel Spencer was among the inhabitants of Clarendon who left
their homes on the approach of Burgoyne's army, in 1777, and joined
the enemy. For this he was fined in the sum of one thousand pounds.
In 1779 he petitioned for a remission of part of this fine, and one half
was remitted. — See Vol. I, pp. 69, 306. Spencer represented Clarendon
in 1791, '2, '3, '6 and '7, and Rutland in 1802, '3, '6 and '7, and was Speaker
in 1797 and 1802; was Councillor from Oct. 13 1798 until 1801; and
State's Attorney in Rutland County from 1796 until 1803. He was the
Federal candidate for United States Senator in Oct. 1802, and was de-
feated by Israel Smith, 111 to 85. Nov. 10 1807, Spencer was expelled
from the House, by a unanimous vote, for theft, — Deming's Catalogue;
and Vermont Journal of Oct. 26 1802.

Benjamin Burt was a member of the House at the date of his elec-
tion as Councillor, and resigned his seat in the House and entered the
Council on the 1st of November 1798. He was arrested as one of the
court party at the Westminster massacre in 1775, but he soon joined the
Vermont party; in 1781 was appointed a judge in the county court, and

170 Biographical Notices.

in 1784 Quarter Master in Col. Stephen R. Bradley's Vermont regiment.
He represented Westminster in the General Assembly in 1781, '86, '96
'97, and '98 until Nov. 1, and 1799; was Councillor from Nov. 1798 until
Oct. 17 1799, when he resigned, choosing to serve in the House. He was
judge of Windham county court in 1781, and from 1786 until 1803; and
a member of the Council of Censors in 1792. — B. H. Hall's Eastern Ver-
mont; and Deming's Catalogue.

Richard Whitney was an attorney of Windham county court, re-
siding at Guilford in 1795. He was Clerk of the House of Representa-
tives from 1792 until 1798, when he declined a re-election. On the re-
signation of Truman Squier, Oct. 15 1798, Mr. Whitney was appointed
Secretary of the Governor and Council, and he held that office until
1804. His death occurred at Hinsdale, now Vernon, in May 1805, his
age being 39.

Governor and Council — October 1798. 171

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY HELD AT VER-
GENNES. OCTOBER 1798.

State of Vermont ss.

Journal of the proceedings of the Governor and Council of the State
of Vermont [at a session] begun and held at the City of Vergennes,
within and for said State, on the second Thursday of October (being the
eleventh day of said Month) in the Year of our Lord, one thousand,
seven hundred and ninety eight — pursuant to the constitution, laws and
resolves of said [State.] Present His Excellency Isaac Tichenor, Gov-
ernor. His Honor Paul Brigham, L*- Governor. The hon'ble Samuel
Saiford, John Strong, Luke Knoulton, Ebenezer Marvin, Cornelius
Lynde, John White, Jonas Galusha, Gideon Olin, Elijah Robinson, Sam-
uel Williams, William Chamberlain, and Stephen Jacob, Councillors.
Truman Squier, Esquire, Secretary. John Chipman, Esquire, Sheriff.

A resolution from the house, appointing a committee, consisting of
two members from each County, to join such committee as the Council
shall appoint, to receive, sort and count the votes for Governor, Lieuten-
ant [Governor,] Treasurer and Councillors, for the Year ensuing, was
received, in Council. Whereupon, On Motion, Resolved, That Messieurs
Robinson, Jacob, Strong, ^afford, Lynde and Knoulton, be appointed to
join said committee appointed by the house. The Members appointed
by the house are Messieurs Robinson, Ormsby, Cutler, Burt, Isaac Clark,
Elurnham, Jacob Smith, Olcott, Chipman, Thompson, Hatch, Farrand,
Stanton, Bay, Wing, Leavenworth, Sheldon and Barlow. The members
of which committee appeared before his Excellency the Governor and
were qualified by Oath to their appointment, except Messieurs Hay,
Burnham and Ormsby.

Adjourned until 5 o'clock in the afternoon.

5 o'clock P. M. *

A Resolution from the house, requesting the Governor and Council to
join the General Assembly immediately for the purpose of receiving the
report of the committee of both houses appointed to receive, sort and
count the votes of the freemen, for Governor, L* Governor, Treasurer

1 No account of ceremonies of election day is found. The sermon was
preached by Rev. Daniel C. Sanders, then of Vergennes, and later Pres-
ident of the University of Vermont.

172 Governor and Council — October 1798.

and Councillors for the year ensuing. The same being read, On motion
Kesolved, That the Governor and Council do concur therein.

The Governor and Council then proceeded to the house for the pur-
poses contained in the foregoing resolution, and having taken their
seats, Mr- Safford, chairman of the committee appointed to receive, sort
and count the votes for Governor, Lieutenant-Governor, Treasurer, and
Councillors, for the year ensuing, handed in the following report, to wit:

" To the honourable General Assembly now sitting at the City of
Vergennes: Your committee appointed to receive, sort and count' the
votes for Governor, Lieutenant Governor, Treasurer, and Councillors,
for the year ensuing, Report, That his Excellency Isaac Tichenor,
Esquire, is duly elected Governor, His Honor Paul Brigham, Esquire,
Lieutenant-Governor, Samuel Mattocks, Esquire, Treasurer, and Wil-
liam Chamberlain, Ebenezer Marvin, Cornelius Lynde, Stephen Jacob,
Elijah Robinson, Luke Knoulton, John Strong, Samuel Williams, Noah
Smith, Timothy Todd, Samuel Safford and Jonas Galusha, Esquires,
Councillors. (Signed) Samuel Safford for committee.

"City of Vergennes, Oct: 11 1798."1

Whereupon, (The said report being first read), John Chipman, Es-
quire, sheriff of the County of Addison, by proclamation, declared said
Officers, respectively, duly elected by the suffrages of the People.

The Governor and Council returned to their Chamber and adjourned
until 9 O'Clock To-morrow morning.

Friday, 12th Oct'- 1798, 9 O'Clock A. M.

Met according to adjournment. Present, His Excellency, Isaac Tich-
enor, Esqr- Governor, His Honor Paul Brigham, Esqr- U Governor,
Samuel Safford, John Strong, Luke Knoulton, Ebenezer Marvin, Cor-
nelius Lynde, Jonas Galusha, Elisha Robinson, William Chamberlain
and Stephen Jacob, Esquires, Councillors, Truman Squier Secretary.

The honourable Samuel Williams, Esquire, being officially informed
of his appointment as a member of the Council, appeared, and resigned
all his pretentions to that office.

Adjourned to 2 O'Clock in the afternoon.

2 O'clock P. M.

Met according to adjournment.

The honourable Noah Smith and Timothy Todd, Esquires took their
seats in Council, agreeable to their appointments.2

xThe votes for Governor were as follows: Isaac Tichenor, 6,211;
Moses Robinson, 2,805; scattering. 332.— See Ms. Vermont State Papers,
Vol. 38, p. 188, for the votes for state officers and Councillors by coun-
ties.

2 The Governor and Council then joined the House, and the Governor
delivered a speech, for which see Appendix J.

On the same day Gov. Tichenor transmitted to the House a letter from
Gov. Sumner of Massachusetts, covering resolutions of that State, in
favor of an amendment to the Constitution of the United States on the
eligibility of foreign born citizens to the office of President, Vice Presi-
dent, and member of either branch of Congress. — See Appendix B.

Governor and Council — October 1798. 173

A resolution requesting the house of representatives to join the Gov-
ernor and Council in grand-committee, at the opening of the house to-
morrow morning, to elect a member to fill the vacancy in the Council
by the resignation of the honourable Samuel Williams, Esquire.

A Resolution requesting the general assembly to appoint a committee
to join the committee appointed by the Council, to take up the unfin-
ished business of the last session. Members chosen by the Council,
Messieurs Marvin, Jacob and Strong.

A Resolution from the house, appointing a committee, consisting of
three persons to join such committee as the Council shall please to ap-
point—Members chosen by the house Messieurs Peter Wright, J. W.
Blake and Amos Marsh. Resolved that Messieurs Jacob and Lynde be
appointed to join said committee [to inquire whether any errors had oc-
curred in counting the votes for state officers and councillors.]

Adjourned until 9 O'Clock To-Morrow Morning.

Saturday 13th- Oct1"- 1798, 9 O'Clock A. M.

Met according to adjournment.

Agreeably to the concurrent resolution of both houses, the Governor
and Council joined the house of representatives, for the purpose of
electing a Councillor, vice Samuel Williams, Esqr- resigned, And the
ballots of both houses being taken, Abel Spencer, Esquire was declared
duly elected.

Adjourned to 2 O'Clock, in the afternoon.

2 O'Clock P. M.

Met according to adjournment.

Abel Spencer, Esquire, appeared in Council, and after being duly
qualified by his Honor, the Lieu1- Governor, took his seat.

Adjourned Until 9 O'clock Monday Morning next.

Monday, 15th- Octr- 1798, 9 O'Clock A. M.

Met according to adjournment.

The following is a copy of a letter addressed to his Excellency and
the hon'ble Council by their secretary, viz.

"■ To his Excellency the Governor and hon'ble Council —

" Gentlemen — Having had the honor of holding the office of Secretary
to your Excellency and the hon'ble Council for a series of years, I now
find it as well incompatible with my interest, as interfering with the
arrangement of my private and domestic concerns, to fill that office
longer. I therefore, under the above circumstances, resign all preten-
tions to that office, and while I shall uniformly recognize your goodness,
must solicit you, Gentlemen, to accept my resignation^ and my best
wishes for your future health, and happiness— and the prosperity of the
State. — And have the honor to be Your Friend and very humble servant.

Truman Squier.

" Vergennes, 12th- Oct1"-, 1798."

The same being laid before the Council and accepted, His Excellency,
the Governor, nominated Richard Whitney, Esquire, late clerk to the
general assembly, as secretary to the Governor and Council, to fill the
vacancy occasioned by the Resignation of Truman Squier, Esquire,
which nomination was unanimously approved by the Council. In con-
sequence of which, his Excellency acquainted Mr- Whitney by the fol-
lowing note : to wit —

m Mr. Whitney,— On the resignation of Mr- Squier, of the office of Sec
retary of Council, I have thought proper to nominate you to that office—

174 Governor and Council — October 1798.

provided you see cause to accept it, Mr Squier will continue to serve,
until you shall have taken the necessary oaths. I. Tichenor.

"In Council 12th- Oct* 1798."

Richard Whitney, Esquire, appeared in Council, and declared his ac-
ceptance of his appointment, to the office of Secretary to his Excellency
the Governor and Council — and after being duly qualified before his
Excellency and the honourable Council, immediately entered on the
duties of his office.

Attest. [Blank left for the signature of Sec. Squier, which was never
given.]

On Motion, Resolved, That the secretary to the Governor and Council
carry and return all bills and resolutions to the House of Representa-
tives, and deliver to them the directions of the Governor and Council
thereon — unless the Governor and Council shall otherwise specially
order and determine.

On Motion, Ordered, That the secretary furnish the house of repre-
sentatives with a copy of the foregoing resolve.

A petition of the inhabitants of Lunenburgh was sent up from the
house of representatives requesting the council to join a committee ap-
pointed by the house thereon. The same being read — On Motion Re-
solved, That Mr- Galusha join the aforesd committee.

A petition of John Vance was sent up from the house of representa-
tives, requesting the council to join a committee by them appointed
thereon. On Motion Resolved, that Mr Todd do join the aforesaid com-
mittee.

A petition of General [Eli] Cogswell and others was sent up from the
house of Representatives, requesting the Governor and Council to join
them on the said petition, in grand-committee, at the opening of the
house to-morrow morning, to take the same under consideration. The
same being read, On motion Resolved, That the Governor and Council
do join [on] the aforesaid petition, agreeably to the request of the house
thereon.

Petitions from the land-owners and proprietors of Marshfield — two
petitions from the inhabitants of Ryegate; and also a petition for a land
tax in Worcester, were sent up from the house of representatives with
this order endorsed on the same severally — viz.

" In General Assembly Octr- 15th- 1798.

Read and referred to the committee appointed on the petition of the
inhabitants of Lunenburgh.

Attest, S. C. Crafts, Cleric"

The same being read, On Motion, Resolved, That the council do con-
cur in the orders made by the house on the foregoing petitions respec-
tively.

A petition of Timothy Clements was sent up from the house of rep-
resentatives with this order thereon, Viz.

" In General Assembly 15th Octr- 1798.

The within being read, was referred to Messrs- D. Sheldon, Jewet,
Witherill, Keyes, Chipman, Allis, Chamberlin, Beardsley, and Danforth,
to join a Committee from Council. Attest, S. C. Crafts, Clerk."

The same being read, On Motion, Resolved, That Mr- Todd do join in
the aforesd- Committee.

A petition for a land-tax on Billymead [Sutton,] was sent up from the
house of representatives, with this order entered thereon, Viz.

" In General Assembly 15th Oct* 1798.

The within petition being read, was referred to the committee ap-
pointed on the petition of the inhabitants of Lunenburgh.

Attest S. C. Crafts, Clerk."

Governor and Council — October 1798. 175

The same being read, On Motion, Kesolved, That the council do
concur in the order of the house thereon.

The following petitions were sent up from the house of representatives,
viz. A petition of Andrew McGaffey, of Samuel Wyman, and of Na-
thaniel Bishop, with the following order entered on each, Viz..

" In General Assembly 15th Ocf- 1798.
Read and referred to the committee appointed on the petition of John
Vance, and that said committee report by bill, or otherwise.

Attest, S. C, Crafts, Clerk.11

The said petitions being severally read, On Motion, Resolved, That
the council do concur in the orders on the foregoing petitions re-
spectively.
The Council adjourned to 2 O'Clock P. M.

2 O'Clock P. M.
The Council met pursuant to adjournment.

A petition of Robert Holley was sent up from the house of represen-
tatives with this Order entered thereon, Viz.

" In General Assembly 15th OcLr- 1798.
The within petition being read, was referred to the committee ap-
pointed on the petition of John Vance, to state facts, and make report.

Attest, S. C. Crafts, Clerk.11

The said petition being read, On Motion, Resolved, that the council
do concur in the Order of the house thereon.

A petition of David Wing junr- was sent up from the house with this
order entered thereon, Viz.

" In General Assembly Octr- 15th 1798.
Read and referred to Messieurs Putnam, Hatch, and J. Wright, to join
a committee from Council, to state facts and make report.

Attest, S. C. Crafts, Clerk.11

The said petition being read, On Motion, Resolved, That Mr- Knoul-
ton do join the aforesaid committee.

A petition of the land-owners of Plainfield was sent up from the house
of Representatives, with the following order entered thereon, Viz.

" In General Assembly Octr- 15th 1798.
Read and referred to the committee appointed on the petition of the
inhabitants of Lunenburgh. Attest, S. C. Crafts, Clerk.11

The said petition being read, On Motion, Resolved, That the council
do concur in the order of the house thereon.

A petition of Samuel B. Sheldon was sent up from the house of repre-
sentatives with the following order entered thereon, Viz.

" In General Assembly Octr- 15th 1798.
The within petition being read and referred to Messieurs Bigelow, S.
Williams, Thompson, Anthony and Z. Curtiss to join a committee from
Council, to state facts and make report.

Attest, S. C. Crafts, Clerk.11

The said petition being read, On Motion, Resolved, that Mr- Strong
and Mr Brigham do join the aforesaid committee.

The following resolution was sent up from the house of representa-
tives, Viz.

" In General Assembly Oct'- 15th- 1798.
On Motion of Mr Marsh, Resolved, That the Governor and Council
be requested to join the house in Grand-Committee, on Wednesday
morning, for the purpose of discussing the constitutionality of granting
private acts of insolvency.

Extract from the Journals of the House.

Attest, Saml C. Crafts, Clerk,

176 Governor and Council — October 1798.

The said resolution being read, On Motion, Kesolved, That the Gov-
ernor and Council do concur therein, and that the hour be at the open-
ing of the house in the morning. Ordered, That the Secretary acquaint
the house of representatives of their concurrence in the foregoing reso-
lution, and also of their resolution to join house in Grand-Committee
on the petition of General Coggswell and others.

The Council adjourned until 9 O'Clock To-morrow morning.

Tuesday, 16th Oct1"- 1798, 9 O'Clock A. M. i

The Council met pursuant to adjournment.

The following resolution was sent up from the house of representa-
tives, viz.

" In General Assembly 15th Octr- 1798.

Kesolved, That the Governor and Council be requested to join the
house of representatives in grand-Committee, on 9 O'Clock To-Morrow
Morning, for the purpose of agreeing on a time, when to make the
County nominations. Extract from the Journals of the house.

Examd- Attest SAM1'- C. Crafts, Clerk."

The said resolution being read, On Motion, Resolved, That the Gov-
ernor & Council do concur therein. Ordered, That the secretary do ac-
quaint the house of representatives of the concurrence of the Governor
and Council in the foregoing resolution.

A petition of Calvin Stowell and a petition of the selectmen of Wey-
bridge were sent up from the house of representatives with the following
order entered on each of them, viz.

" In General Assembly Octr- 15, 1798.

The within petitions were read and referred to the committee appointed
on the petition of John Yance, to state facts and make report.

Attest, S. C. Crafts, Clerk:'

The said petitions being severally read, Resolved, That the council
do concur in the orders of the house on the foregoing petitions re-
spectively.

Petitions praying for land-taxes, on the towns of Landgrove and Dux-
bury, were sent up from the house of representatives with the following
order entered on each of them, viz.

" In General Assembly Ocf- 15th 1798.

The within petition being read was referred to the committee ap-
pointed on the petition of the inhabitants of Lunenburgh, to state facts
and make report. Attest, S. C. Crafts, Clerk."

The said petitions being read, On Motion, Resolved, That the Council
do concur in the orders of the house on the foregoing petitions respec-
tively.

A petition praying for a land-tax in Mooretown [Moretown] was sent
up from the house of representatives with the following order entered
thereon, viz.

" In General Assembly 15th Octr- 1798.

The within petition was read and referred to Messieurs Bullock, Phin:
Williams, Israel Smith, Spooner, E. Sheldon, Seeley, Ward, Burnham
and Hurd, to join a committee from Council, state facts &c.

Attest, S. C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr Smith do
join the committee on the aforesaid petition.

JLBoth houses met in Grand Committee on a petition of Maj. Gen.
Eli Coggswell and others. — See Appendix F.

Governor and Council — October 1798. 177

The following resolution was sent up from the house of representa-
tives, viz.

"Resolved, That his Excellency the Governor and Council be re-
quested to appoint a committee to join a committee which was chosen
b}T this house for the purpose of reporting an address to the president of
the United States.1 Extract from the Journals,

Attest, Saml- C. Crafts, Clerk."

The said resolution being read, On Motion, Resolved, That Mr- Jacob
and Mr- Spencer do join the aforesaid Committee.

A petition of the proprietors of Pawlet was sent up from the house of
representatives with the following order entered thereon, viz.

'• In General Assembly Octr- 15th 1798.

The within petition was read and referred to Messieurs Stanton, Hard
and S. Williams, to join a committee from Council, state facts and make
report. Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr- Safford
do join the committee on the aforesaid petition.

The Council adjourned to 2 O'Clock P. M.

2 O'CLOCK P. M.

The Council met pursuant to adjournment.

On Motion, Resolved, The house of representatives concurring therein,
That the members of the respective Counties meet in County Conven-
tion on Wednesday next at 2 o'clock P. M. for the purpose of making
the nomination of their respective County Officers — The resolve of the
joint committee of this day notwithstanding.

Resolved further, The house of representatives concurring therein,
That the two branches meet in joint committee, at the opening of the
house on Thursday next at 2 O'Clock P. M. for the purpose of receiving
the nominations of the several Counties, and appointing the different
civil officers of Government.

Ordered, That the secretary lay the above resolutions before the house
of representatives, and [ask] the concurrence of the house; and that he
state to the house the reasons for passing the same.

Mr- Wing, member of the house of representatives, appeared in the
council and returned the foregoing resolutions, with the order of the
house, thereon, viz.

" In General Assembly Ocf- 16th 1798.

On consideration, Resolved, That this house non-concur with the
preceding resolutions of Council.

Attest, Saml C. Crafts, Clerk."
and lay before the council the following resolution, viz.

" Resolved, That the Governor and Council be requested to join the
house, in grand committee, at the opening of the house this afternoon,
for the purpose of reconsidering the resolution, passed in joint committee
of the two houses in the forenoon, " appointing Thursday for county
nominatious" — and for the purpose of appointing an earlier period for
said county nominations, and for the purpose of appointing a time to
receive the county nominations — and also to elect judges of the supreme
court of judicature.

Extract from the Journals, Attest, Saml- C. Crafts, Clerk."
and Mr- Wing then withdrew.

The said resolution being read and considered, On Motion, Resolved,
That the Governor and Council do concur therein. Ordered, That the
secretary acquaint the house of representatives of the concurrence of
the Governor and Council in the foregoing resolution.

1 See Appendix H.
12

178 Governor and Council — October 1798.

A petition praying for the organization of the County of Essex was
sent up from the house of representatives with the following order entered
thereon, viz.

" In General Assembly 16th Ocf- 1798.

The within petition was read and referred to Messieurs Eobinson,
Weatherby, Thompson, Stanton, Hathaway, Allyn, Gallup and Hatch, to
join a committee from Council, state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr Todd
and Mr- Safford do join the Committee appointed by the house on the
said petition.

A bill, entitled "An act for organizing the County [of] Essex," was
sent up from the house of representatives, referred to the committee ap-
pointed on the last beforementioned petition. On Motion, Resolved,
That the said bill [be] committed to the same Committee.

On Motion, Resolved, That all committees from the council shall be
nominated from the Chair.

A bill, entitled "An act regulating fees," was sent up from the house
of representatives with the following order entered thereon, viz.

" In General Assembly, Octr- 16th- 1798.

The within bill was read and referred to Messieurs Robinson, Chip-
man, and Hunt, to join such committee as shall be appointed by the
council, to report thereon. Attest, Saml- C. Crafts, Clerk."

The said bill being read, On Motion, Resolved, That Mr Robinson
and Mr- Knoulton do join the committee appointed by the house on the
said bill.

A petition of William Duglass, in behalf of the proprietors of Goshen,
was sent up from the house of representatives with this order entered
thereon, viz.

" In General Assembly Octr- 16th 1798.

Read and referred to Messieurs Chipman, Allis and Shumway, to join
a Committee from Council, state facts and make report.

Attest, Sam. C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr- Marvin
do join the committee appointed by the house on said petition.

The following resolution was sent up from the house of representa-
tives, viz.

" In General Assembly Oc*- 16th- 1798.

Resolved, That the Governor and Council be requested to meet
the house of representatives in grand-committee, at the opening of the
house, To-morrow morning, for the purpose of taking under considera-
tion the address to the President of the United States, as reported by the
committee from both houses.

Extract from the Journals. Attest, Saml- C. Crafts, Clerk."

The said resolution being read, Resolved, That the Governor and
Council do concur therein. Ordered, that the secretary do acquaint
the house of representatives of the concurrence of the Governor and
Council in passing said resolution.

A petition, praying for a land-tax on Burke, Newark and Westmore,
was sent up from the house of representatives with the following order
entered thereon, viz.

"In General Assembly Octr- 16th- 1798.

The within petition was read and referred to a committee appointed
on the petition for a land tax in Moretown, to state facts and make
report. Attest, S. C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the council
do concur in the order of the house on the same.

The Council adjourned until 9 O'Clock To-morrow morning.

Governor and Council — October 1798. 179

Wednesday, 17th- Octr- 1798, 9 O'clock A. M.
The Council met pursuant to adjournment.

No business being before them, The Council adjourned until 9
O'Clock To-morrow morning. *

Thursday, 18th- Oct- 1798, 9 O'Clock A. M.
The Council met pursuant to adjournment.

No business being before them, The Council adjourned until 9
O'Clock To-morrow morning.

Friday, 19th- Octr- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

No business being before them, The Council adjourned to 2 O'Clock
P. M.2

2 O'Clock P. M.

The Council met pursuant to adjournment.

The petition of General [Eli] Coggswell and others was sent up from
the house of representatives, with the proceedings of the grand-com-
mittee thereon, and requesting that a committee from the council may
be chosen to join the committee appointed by the house thereon. The
said petition and the proceedings of the grand-committee being read,
On Motion, Resolved, That Mr- Brigham and Mr- Lynde do join the
committee appointed by the house on the said petition and proceedings
of the grand-Committee thereon.

A petition, praying for a land-tax on Westmore — A petition, praying
for a land-tax on Hardwick — A petition, praying for a land-tax on Win-
hall — A petition, praying for a land-tax on Minehead [Bloomfleld,] — A
petition praying for a land-tax on Navy [Charleston] and Brownington —
A petition praying for a land-tax on Victory & A petition praying for a
land-tax on Glover, were sent up from the house of representatives with
the following order entered on each, viz.

" In General Assembly 16th- Octr- 1798.

The within petition was read and referred to the second land-tax
committee to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

1 The two houses met in Grand Committee to consider the consti-
tutionality of private acts of insolvency, and resolved that the legisla-
ture have a constitutional right to pass such acts. It was also resolved
to present an address to the President of the United States. — See Ap-
pendix H.

2 On the 17th, 18th, and forenoon of the 19th, the Governor and Coun-
cil were with the House in Grand Committee on county officers. It was
on this occasion that the federalists, who were very largely in the
majority, permitted political opinions to influence the selection of judi-
cial officers; whereupon their opponents complained loudly, but subse-
quently imitated the example. Fortunately the legislatures of the State
have for many years been very liberal to political minorities, and
specially in the highest judicial appointments.

180 Governor and Council — October 1798.

The said petitions being severally read, On Motion, Kesolved, That
the council do concur in the order of the house made on each of said
petitions.

A petition, praying for a land-tax on Burke Gore was sent up from
the house of representatives with the following order entered thereon,
viz.

u In General Assembly Octr- 16th- 1798.

The within petition being read, was referred to the committee ap-
pointed on the petition of the inhabitants of Lunenburgh, [first land-tax
committee,] to state facts and make report.

Attest, S. C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the council
do concur in the foregoing Order of the house made thereon.

A petition praying for a land-tax on Bridport, was sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly 16th- Ocf- 1798.

The within petition being read, was referred to Messieurs T>. Sheldon,
Anthony, John Smith, Barns, Hubbard, Shafter, Keyes, J. White and
Phelps to join a committee from council to be styled the 3rd land-tax
committee, to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr- Strong
do join the committee appointed by the house on the said petition.

A petition praying for a land-tax on Waitsfield was sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly Octr- 16th- 1798.

The within petition being read, was referred to the third land-tax
committee, to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the Council
do concur in the foregoing Order of the house made thereon.

The following resolution was sent up from the house of representa-
tives, viz.

" In General Assembly Octr. 16th- '98.

On Motion, Resolved, That a committee of three Members be ap-
pointed, to join such committee as the council shall appoint, to inquire
into and make report to this house some method to enforce the payment
of the granting fees assessed on the town of Ira in the County of Rut-
land. Members chosen, Messieurs Amos Marsh, Leavenworth and J.
Wright. Extract from the Journals.

Attest, Saml- C. Crafts, Clerk."

The said resolution being read, On Motion, Resolved, That Mr- Jacob
do join the committee appointed by the house on the foregoing reso-
lution.

A petition of Daniel Gay was sent up from the house of representa-
tives with the following order entered thereon viz.

" In General Assembly Oct'- 19th- 1798.

The within petition being read, was referred to the committee [ap-
pointed] on the petition of John Vance, to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the council
do concur in the foregoing order of the house made thereon.

A petition of Ichabod Paddock was sent up from the house of repre-

Governor and Council — October 1798. 181

" In General Assembly Oct'- 19th- '98.
The within petition being read, was referred to the committee ap-
pointed on the petition of Samuel C. Sheldon.

Attest, Saml- C. Crafts, Clerk:'
The said petition being read, On Motion, Resolved, That the council
do concur in the foregoing Order of the house made thereon.

A petition of Joel Wood worth was sent up from the house of repre-
sentatives with the following order entered thereon, viz.

" In General Assembly Oct'- 19th- 1798.
The within was read and referred to Messieurs E. Sheldon, A. Marsh,
and Hatch, to join a committee from Council, to state facts and make
report. Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That M'- Spencer
do join the committee appointed by the house on said petition.

A petition of Seth Ford and others was sent up from the house of
representatives with the following order entered thereon, viz.

"In General Assembly Oct'- 19th- 1798.
The within was read and referred to Messieurs J. Wright, Bullock,
J. Burnham, Z. Curtiss, Thompson, Hatch, Bottom, Leavenworth and
Danforth, to join a committee from council, state facts &c.

Attest, Saml- C. Crafts, Clerk."
The said petition being read, On Motion, Resolved, That M'- Cham-
berlain do join the committee appointed by the house on said petition.

A petition of the Selectmen of Winhall was sent up from the house
of representatives with the following order entered thereon, viz.

" InGeneral Assembly Oct'- 19th- 1798.
Read and referred to Messieurs Cahoon, Lucas, and DeForrest, to
join a committee from Council, state facts and make report.

Attest, Saml- C. Crafts, Clerk:''
The said petition being read, On Motion, Resolved, That M' Marvin
do join the committee appointed by the house on said petition.

A petition, praying for a land-tax in Roxbury, was sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly Oct'- 19th- 1798.
The within was read and referred to the third land-tax committee, to
state facts and make report. Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the Council
do concur in the foregoing order of the house made thereon.
The Council adjourned until 9 O'Clock To-morrow Morning.

Saturday, 20th Oct'- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

A petition, praying for a land-tax on Westfield, was sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly, Oct'- 19th- 1798.

The within was read and referred to the committee appointed on the
petition of the inhabitants of Lunenburgh, to state facts and make re-
port. Attest, S. C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the council
do concur in the foregoing order of the council [house] made thereon.

A petition of James Bayley was sent up from the house of represen-
tatives with the following order entered thereon, viz.

" In General Assembly, Oct'- 19th- 1798.

The within was read and referred to Messieurs Blake, E. Allen of
New-Fane, Allis and Hoyt, to join a committee from Council, state facts
and make report. Attest, Saml- C. Crafts, Clerk"

182 G-overnor and Council — October 1798.

The said petition being read, On Motion, Resolved, That Mr Todd
do join the committee appointed by the house on the said petition.

A petition of Eliakim Spooner was sent up from the house of repre-
sentatives with the following order entered thereon, viz.

u In General Assembly, Octr- 19th- 1798.

The within was read and referred to the committee appointed on the
petition of Samuel B. Sheldon, to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

On Motion, Resolved, That the Council do concur in the order of the
house made on the foregoing petition.

A petition of James Hawley, a petition of Isaac Sprague, a petition of
Joseph Beaman Junr- a petition [of] Moses Heaton, a petition of Jesse
Badcock, and a petition of Joseph Gilman, were sent up from the house
of representatives with the following order entered on each, viz.

" In "General Assembly Octr- 19th- 1798.

The within was read and referred to the committee on the petition of
John Vance, to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said petitions being severally read, On Motion, Resolved, That
the Council do concur in the foregoing Order of the house on the said
petitions respectively.

A petition, praying for a land-tax on Berkshire, and a petition praying
for a land-tax on Montgomery, were sent up from the house of repre-
sentatives with the following order entered on each of them, viz.

" In General Assembly Oct'- 19th- 1798.

The within was read and referred to the second land-tax committee, to
state facts and make report. Attest, Saml- C. Crafts, Clerk.''''

The said petitions being severally read, On Motion, Resolved, That
the Council do concur in the foregoing order of the house made on the
petitions aforesd- respectively.

On motion of Mr- Saffbrd, Ordered, That he have liberty of absence
until Tuesday Noon next.

A petition, praying for a land-tax on Craftsbury, was sent up from the
house of representatives with the following order entered thereon, Viz.

u In General Assembly, Oct'- 19th- 1798.

The within was read and referred to Messieurs Taylor, .Finney, P.
Smith, J. Smith, Fisk, Slade, Chamberlin, Pratt, and Hinman, to join a
committee from Council, (to be styled the 4th- land-tax committee,)
to state facts and make report. Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr Cham-
berlain do join the committee appointed by the house on said petition.

A petition praying for a land-tax on Kelley-Vale, [Lowell,] A petition
praying for a land-tax on Washington, Orange, Harris's Gore, Groton
and Peacham, A petition praying for a land-tax on Wolcott, A petition
praying for a land-tax on Avery's Gore, A petition praying for a land-tax
on Morristown, A petition praying for a land-tax on Faystown, A petition
praying for a land-tax on Mansfield, A petition praying for a land-tax on
Stow, and A petition praying for a land-tax on Chelsea, were sent up
from the house of representatives with the following (or a similar) Order
entered on each of them, viz.

" In General Assembly Ocf- 19th- 1798.

The within was read and referred to the 4th land-tax committee, to
state facts and make report. Attest, Saml- C. Crafts, Clerk."

The said petitions being severally read, On Motion, Resolved, That
the Council do concur in the orders of the house made on the aforesaid
petitions respectively.

The Council adjourned until 10 O'Clock on Monday Morning next.

Governor and Council — October 1798. 183

Monday 22d Ocf- 1798, 10 O'Clock A. M.

The Council met pursuant to adjournment.

An address to the president of the United States was sent up from the
house of representatives for concurrence. The said address being read,
On Motion, Ordered, That it lie on the table until all the Members of
the Council be present.

A petition, praying for a lottery of three hundred dollars for the pur-
pose of making a road from Kutland, to Salem in the state of New-York,
was sent up from the house of representatives with the following Order
entered thereon, viz.

u In General Assembly Octr- 22nd 1798.

The within was read and referred to Messieurs D. Sheldon, Shum-
way, and Burnham, to join a committee from the Council, to state
facts &<• Attest, Saml- C. Crafts, Clerk.'''

The petition being read, On Motion, Resolved, That Mr- Brigham do
join the committee appointed by the house on the said petition.

A petition of John Wood was sent up from the house of representa-
tives with the following order entered thereon, viz.

" In General Assembly, Octr- 22»d '98.

Read and referred to the committee on the petition from Pawlet, viz.
D. Sheldon, Shumway, and Burnham, to join from Council, to state
facts &c. Attest, Saml. C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the Council
do concur in the foregoing order of the house made on said petition.

A petition, praying for a land-tax on Walden, was sent up from the
house of representatives with the following order entered thereon, viz.

"In General Assembly Ocf- 22»d '98.

The within was read and referred to the committee on the petition of
David Wing junr- to join from the Council.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the Council
do concur in the foregoing order of the house made thereon.

A petition of the inhabitants of South Hero was sent up from the
house of representatives with the following order entered thereon, viz.

"In General Assembly Ocf- 22nd- '98.

Read and referred to Messieurs Bottom, Leavenworth and Storrs to
join from Council, state facts &c.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr- Lynde
do join the committee appointed by the house on said petition.

A petition of John Jay and others was sent up from the house of rep-
resentatives with the following order entered thereon, viz.

" In General Assembly Octr- 22nd '98.

Read and referred to Messieurs Hunt, Hay and Wing, to join from
Council, to state facts &c- Attest Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr- Smith
do join the committee appointed by the house on said petition.

A petition praying for land-tax on Fletcher, a petition praying for a
land-tax on Brunswick, Wenlock and Caldersburgh [Morgan,] and a
petition praying for a land-tax on Hancock, were sent up from the house
of representatives with the following order entered on each. viz.

" In General Assembly, Octr- 22nd '98.

Read and referred to the 4th- land-tax committee viz. W. Taylor and
others, to state facts &c Attest, Saml- C. Crafts, Clerk."

The said petitions being severally read, On Motion, Resolved, That
the council do concur in the orders made on the aforesaid petitions
respectively.

184 Governor and Council — October 1798.

A petition of John Shumway was sent up from the house of repre-
sentatives with the following order entered thereon, viz.

" In General Assembly, Octr- 20th- '98.
The within was read and referred to the committee appointed on the
petition of James Baylev, to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the council
do concur in the foregoing order of the house made thereon.

A petition of John [or Joseph] Hawkins were [was] sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly Octr- 22nd '98.
The within was read and referred to Messieurs A. Marsh, S. Williams
and Z. Curtiss, to join a committee from Council, state facts &c-

Attest, Saml- C. Crafts, Clerk:'

The said petition being read, On Motion, Resolved, That Mr- Brig-
ham do join the committee appointed by the house thereon.

A petition of Jonathan Fassett was sent up from the house of repre-
sentatives with the following order entered thereon, viz.

" In General Assembly Octr- 22nd '98.
The within was read and referred to Messieurs Burt, Chipman and
Jacob Smith to join &c- to state facts &c-

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion. Resolved, That Mr- Robin-
inson do join the committee appointed by the house on the said petition.
The Council adjourned to 2 O'Clock P. M.

2 O'Clock P. M.
The Council met pursuant to adjournment.

A petition of Joseph Cook, Esquire, and others, was sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly Octr- 22nd '98.
Read and referred to Messieurs Duncan, A. Barlow, Bigelow, Robin-
son, and E. Sheldon, to join a committee from Council, to state facts &c-

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr- Strong
do join the aforesaid Committee.

The Council adjourned to 9 O'Clock To-morrow morning.

Tuesday, 23rd- Octr- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

A petition of the Selectmen of Swanton in behalf of the inhabitants
of said town, was sent up from the house of representatives with the
following order entered thereon, viz.

" In General Assembly, Octr- 22nd- 1798.

The within was read and referred to Messieurs Willoughby, Stanley,
E. Sheldon, W. B. Marsh, and May, to join a committee from Council,
state facts &c- Attest Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr- Cham-
berlain do join the committee appointed by the house on the aforesd-
petition.

The following resolution was sent up from the house of representa-
tives, viz.

" In General Assembly Octr- 22nd 1798.

Resolved, That a committee of five members of this house, to join
such committee as the council shall appoint, be chosen to take under
consideration the following articles, viz.

G-overnor and Council — October 1798. 185

1st That on joint and several bonds, bills, notes, or other contracts in
writing, not more than One suit or action shall be had or maintained
thereon, in any court or courts within this state at the same time — but if
more than One suit or action be brought on any such bond, bill, note, or
other contract, the action or suit so last brought and entered in any
court, shall, on motion and due evidence, be abated, — and the defendant
or defendants recover his, her or their costs.

2nd. That no plaintiff or plaintiffs on sundry demands of a similar na-
ture, due and payable at the same time, from any defendaut or defend-
ants, and for which seperate actions might be brought, shall have sepe-
rate actions for the recovery of the same — but such demands shall all be
joined in the same writ and declaration, if prosecuted at one and the
same Court.

3rd. That on all actions, between plaintiff and defendant, or plain-
tiffs and defendants, if it shall appear that either party, or any one of
either party, shall actually live or reside within this State, travel on such
action, in no instance, shall be taxed farther than from the place where
such person aforesaid shall live or reside, to the place where final judg-
ment shall be had or rendered thereon — Provided such judgment be
rendered on default or nonsuit or otherwise in the discretion of the
court before whom judgment shall have been rendered.

4th- That provision be made that when the real or personal estate of
any person or persons shall be attached at the suit of another, then such
estate so attached shall not be holden, exclusively, for the benefit of the
party so attaching, but shall be holden for the benefit of all the creditors
in proportion to their respective claims and demands — and that this
committee report to this house, if they shall see fit, as well by bill as
otherwise. Members chosen, Messieurs W. C. Harrington, Olcott.
Blake, Chipman and Hay.

Extract from the Journals, Attest, S. C. Crafts, Clerk."

The said resolution being read and considered, On Motion, Resolved,
that Mr- Jacob and Mr- Robinson do join the committee appointed by
the house on the said resolution.

The Council adjourned to 2 O'Clock P. M.

2 O'Clock P. M.

The Council met pursuant to adjournment.

The following letter from his Excellency Governor Tichenor was sent
up from the house of Representatives, viz.

" In Council 23ld Oct'- 1798.

Mr- Speaker — I do myself the honor to lay before the General Assem-
bly certain papers, together with an application made to me by a depu-
tation from a number of the Indian-Chiefs of the seven nations of
Lower Canada, who conceive that they have an equitable claim to com-
pensation for the loss of their hunting lands in this state. As they [are]
attending at this place solely for the purpose of receiving an answer to
their application, you will give me leave suggest the propriety of an
early attention to the within Communication.

Isaac Tichenor.

On the foregoing communications the General Assembly had entered
the following, viz.

" In General Assembly Octr- 23rd- '98.

The within communications were read and referred to Messieurs P.
Wright, Burt, S. Williams, Gallup, Chipman, Hatch, Hay, Elisha Shel-
don and Blanchard, jointly with such committee as may be appointed on
the part of the council, to state facts and make report.

Attest, Sam'- C. Crafts, Clerk."

186 Governor and Council — October 1798.

The said letter of his Excellency, together with the accompanying
communications being read and considered, On Motion, Kesolved, That
Mr- Brigham, Mr- Marvin and M1- Strong, on the part of the Council,
do join the committee appointed by the house on the foregoing letter
and communications. J

The Council adjourned until 9 O'Clock To-Morrow Morning.

Wednesday 24th- Oct'- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

The following resolution was sent up from the house of representa-
tives, viz.

li In General Assembly Octr- 22nd- 1798.

On Motion, Kesolved that his Excellency the Governor, with the advice
of Council, be requested to issue his proclamation, appointing the first
Thursday of December next to be observed as a day of public thanks-
giving and praise throughout this state. Extract from the Journals,

Attest, Saml- C. Crafts, Clerk:1

The said resolution being read and considered, On Motion, Resolved,
As the advice of this Council, That his Excellency do appoint a day of
public thanksgiving and praise agreeably to the foregoing Resolve of the
house of representatives.

The Council adjourned until 2 O'Clock P. M.

2 O'Clock P. M.

The Council met pursuant to adjournment.

M1 '• Todd moved for liberty to bring in a bill entitled "An act regulating
the choice of a Council of Censors." Ordered that he have leave. The
said bill being read, Ordered, That it lie on the table for consideration.

The council (all the members being present) resumed the considera-
tion of the address to the president of the United [States,] sent up from
the house of representatives on the 22nd instant, Which address is as
follows, viz. — [For Address, and answer of President Adams, see Ap-
pendix H.]

On the foregoing address the house of representatives entered the
following resolutions, viz.

u State of Vermont. In General Assembly Oct1- 20th 1798.

Resolved, That the foregoing address pass — that it be signed by the
Speaker in behalf of this house, and that it be sent to the Governor and
Council for their concurrence.

And further Resolved, That the Governor be requested to forward the
same to the President of the United States.

Attest, Samuel C. Crafts, CZerfc."

The said address, together with the resolutions of the house thereon,
being read and considered, On the Question, Will the Governor and
Council concur with the house of representatives in passing the fore-
going address? (His Excellency in the Chair,) The Yeas and Nays being
required by M1- Brigham—

1 The whole of the documents, including the commission and speech
of the Indians, and their answers to questions put by Gov. Tichenor,
will be found in Spooners Vermont Journal of Nov. 6 1798. These pa-
pers are omitted, for the reason that this claim has been repeatedly pre-
sented and reported upon in accessible printed documents. — See printed
Assembly Journals of 1799. p. 96, and of 1S26, p. 140; and House Journals
of 1854, pp. 605-634; of 1865, pp. 619-641; and of 1874, pp. 326-7.

Governor and Council — October -1798. 187

Those who voted in the affirmative are, Mr- Brigham, Mr- Chamber-
lain, Mr- Jacob, Mr- Knoulton, Mr- Lynde, Mr- Marvin, Mr Robinson,
Mr Strong, Mr- Smith, Mr- Spencer, and Mr- Todd.

Those who voted in the negative are, Mr Galusha and Mr- Safford.

It passed in the Affirmative — Yeas 11, Nays 2 — Majority 9.

Ordered, That the Secretary return said address to the house of rep-
resentatives and acquaint them of the concurrence of the Governor &
Council in passing the same.

The house [Council] adjourned until 9 O'Clock To-morrow morning.

Thursday 25th Oct'- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

The following resolutions were sent up from the house of representa-
tives, viz.

" In General Assembly Ocf- 23>'d- '98.

" Whereas it is highly expedient that every constitutional barrier
should be opposed to the introduction of foreign influence into our na-
tional councils, and that the Constitution of the United States should be
so amended as to effect and secure, in the best manner, the great objects
for which it was designed: —

"Resolved, that the senators and representatives of this state, in the
Congress of the United States, be and they are requested to use their
best endeavours, that Congress propose to the legislatures of the several
states the following amendment to the Constitution of the United
States: to wit—

fck That, (in addition to the other qualifications prescribed by said con-
stitution,) no person shall be eligible as President or Vice President of
the United States, nor shall any person be a Senator or Representative,
in the Congress of the United States, except a natural born Citizen, or
unless he shall have been a resident in the United States at the time of
the declaration of independence, and shall have continued either to re-
side within the same, or be employed in its service, from that period
to the time of his election.

" And Whereas the spirit of amity and mutual concession, which pro-
duced the Federal Constitution, ought always to be cultivated in the
proposition & adoption of any amendments to the same:

" Resolved further, That in case the senators and representatives of
this state in Congress shall find that the amendment above proposed is
not perfectly conformable to the wishes and sentiments of a majority of
both branches of the national legislature, they are hereby empowered
and requested so to modify the same as to meet the sentiments of such
majority. Provided, however, and it is the wish and opinion of this
legislature, that any amendment which may be agreed upon, should ex-
clude, at all events, from a seat in either branch of Congress, any person
who shall not have been actually naturalized at the time of making this
amendment, and have been admitted a citizen of the United States,
fourteen years, at least, at the time of such election.

" Resolved further, that the Governor be requested, forthwith, to
transmit the foregoing resolutions to the senators and representatives of
this state in Congress" —
with the following order of the house entered thereon, viz.

" In General Assembly, Octr- 23rd- '98.

Read and passed, and directed to be sent to the Governor and Coun-
cil for revision and concurrence or proposals of amendment.

Attest, Saml- C. Crafts, Clerk."

188 Governor and Council — October 1798.

The said resolutions being read & considered, Eesolved, That the
Governor and Council do concur with the house in passing the same.
Ordered, that the Secretary carry down to the house of representatives
the said resolutions, and acquaint them of the concurrence of the Gov-
ernor and Council in passing the same.

The bill, entitled " An act regulating the choice of a Council of Cen-
sors," was read the second time. Resolved, That it do pass. Ordered,
That it be engrossed and sent to the house of representatives for their
revision and concurrence, or proposals [of amendment.] Ordered, That
the secretary carry down said bill and desire the concurrence of the
House of representatives in passing the same.

A bill, entitled " An act directing the Treasurer of the state to pay
Cephas Smith Jun'r a sum of money therein mentioned," was sent up
from the house of representatives for revision and concurrence or pro-
posals of amendment. The said bill being read, Resolved that the Gov-
ernor and Council do concur in passing the same. Ordered, That the
Secretary acquaint the house of representatives with the concurrence of
the Council in said bill.

A bill, passed in the house of representatives, entitled " An act regu-
lating Fees," was sent up for revision and concurrence or proposals of
amendment. The said bill being read, Resolved, That the Council do con-
cur in passing the same. Ordered, that the Secretary acquaint the
house of representatives with the concurrence of the Council in said
bill.

A petition of Seth Wetmore was sent up from the house of Repre-
sentatives with the following Order entered thereon, viz.

" In General Assembly 25th- Octr- '98.

The within vvas read and referred to Messieurs Hunt, Hatch, Leaven-
worth, Jacob Smith, and Beardsley, to join a committee from Council,
state facts, &c- Attest, Saml- C. Crafts, Clerk."

The said petition being read, Resolved, That Mr- Todd do join the
committee appointed by the house on the aforesaid petition.

The Council adjourned until 2 O'Clock P. M.

2 O'CLOCK P. M.

The Council met pursuant to adjournment.

A bill, entitled " An act establishing a turnpike road from Windsor to
Burlington in this State," was sent up from the house of representatives
with the following order entered thereon, viz.

" In General Assembly Octr- 25th- 1798.

The within bill, brought in on motion, was read and referred to
Messieurs Hurd, Blake, Olcott. S. Williams, Storrs, Chipman, W. C.
Harrington, Beardsley and Hathaway, to join a committee of Council.

Attest, Saml- c. Crafts, Clerk."

The said petition [bill] being read, On Motion, Resolved, That Mr-
Lynde and Mr Marvin do join the committee appointed by the house
on the same.

A bill, (without any title,) for the purpose of enabling several towns
in the County of Chittenden to divide their lands into severalty, was
sent up from the house of representatives with the following order en-
tered thereon, viz.

" In General Assembly 25th- Oct'- 1798.

The within was read and referred to Messieurs Chipman, Stanton,
Blake, E. Sheldon and Jackson, to join such committee as the council
shall appoint, to take the same under consideration and to report ac-
cordingly. Attest, Saml. c. Crafts, Clerk."

The°said bill being read, On Motion, Resolved, That Mr- Jacob and
Mr- Galusha do join the committee appointed by the house on the same.

Governor arid Council —October 1798. 189

His Excellency stated to the council that a Mr- [Luther] Stone, who
was elected a Judge of Probate for the District of Manchester the last
year, had declined qualifying as such, and therefore there is a vacancy
in said district.

Whereupon, On Motion, Resolved, That the Governor and Council
do, at this time, proceed by ballot to fill said vacancy. The ballots
being taken and examined, Truman Squier, Esquire, was declared duly
elected. On Motion, Resolved, That the Governor issue a commission
to the said Truman Squier, Esquire, accordingly.

A petition, praying for a land-tax on Bridgewater, was sent up from
the house of representatives with the following order entered thereon,
viz. " In General Assembly Octr- 25th- '98.

The within was read and referred to the 3rd land-tax committee, to
state facts &c- Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the Council
do concur in the foregoing order of the house thereon.

A bill, entitled "An act directing the mode of obtaining licences and
regulating inns and houses of public entertainment," was sent up from
the house of representatives with the following Order entered thereon,
viz.

" In General Assembly Ocf- 25th 1798.

Read and referred to Messieurs P. Wright, Hunt, Burnham, Z. Cur-
tiss, Chipman, Hatch, Stanton, Leavenworth, and Danforth, to join from
Council, to report amendments &c-

Attest, Saml- C. Crafts, Clerk."

The said bill being read, On Motion, Resolved, That Mr Knoulton
and Mr- Todd do join the committee appointed by the house thereon.

A petition of Daniel Farrington was sent up from the house of repre-
sentatives with the following order entered thereon, viz.

" In General Assembly Octr- 25th- 1798.

Read and referred to the committee on the petition of James Bayley,
to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the Council
do concur in the foregoing order of the house on the said petition.

A petition of John Fay was sent up from the house of representatives
with the following order entered thereon:

" In General Assembly Octr- 25th- 1798.

The within was read and referred to the first land-tax committee, to
state facts and make report. Attest, Saml' C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the council
do concur in the foregoing order of the house made thereon.

A bill, entitled u An act directing the Treasurer of this state to credit
the town of Weybridge in the County of Addison the sum of eleven
dollars and seventy five cents, on the cent tax, so called," was sent up
from the house of representatives with the following order entered
thereon, viz.

" In General Assembly Octr- 25th- 1798.

Read and referred to the committee on the petition of John Vance, to
join, state facts &c- Attest, Saml- C. Crafts, Clerk."

The said bill being read, Resolved, That the Council do concur in the
order of the house made thereon.

A petition of James Whitelaw, in behalf of the proprietors of Salem,
was sent up from the house of representatives with the following order
entered thereon, viz.

190 Governor and Council — October 1798.

" In General Assembly Octr- 25th- 1798.

Bead and referred to the committee on the petition of John Vance,
to join, state facts and report their opinion.

Attest, Saml- C. Crafts, Clerk."

The said petition being read, Resolved, That the Council do concur
in the order of the house made thereon.

On Motion of Mr- Spencer, Resolved, That when any member of the
house of representatives shall appear on the floor of the Council with
any message from the house, such appearance shall be announced by the
officer attending upon the Governor and Council, and all business before
the Council shall be suspended while such member shall be delivering
such message. Ordered, That tie Secretary acquaint the house of rep-
resentatives with the foregoing resolution.

The Council adjourned until 9 O'Clock To-Morrow Morning.

Fkiday, 26th Oct'- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of representatives, entitled

"An act restoring Samuel B. Sheldon to his law," was sent up "for
revision and concurrence, or proposals of amendment." The said bill
being read and considered, " Resolved, That the Governor and Council
do concur in passing the same. Ordered, That the Secretary acquaint
the house of representatives with the concurrence of the Council in said
bill.

A bill, passed in the house of representatives, entitled " An act em-
powering Israel Hay to deed certain lands," was sent up " for revision
and concurrence, or proposals of amendment." The said bill being
read, Ordered, That it be referred to Mr- Spencer for amendment.

A petition of John Munn was sent up from the house of representa-
tives with the following order entered thereon, viz.

" In General Assembly Octr- 25th 1798.

Read and referred to the committee appointed on the petition of James
Bayley, to join, state facts and make report.

Attest, Saml- c. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the Council
do concur in the order of the house made thereon.

A petition of William Page was sent up from the house of representa-
tives with the following order entered thereon, viz.

" In General Assembly Ocf- 26th- 1798.

The within petition and accompanying papers were read and referred
to Messieurs J. Wright, Bigelow, H. Horton, J. White, Thompson,
Storrs, Stanton, Wing and Hubbard, to join a committee from Council
and make report. Attest, Sam^ C. Crafts, Clerk:''

The said petition and accompanying papers being read, On Motion,
Resolved, That Mr- Safford and M1- Strong do join the committee ap-
pointed by the house thereon.

A bill, passed in the house of representatives, entitled " An act grant-
ing to Eliakim Spooner leave to appeal from a certain judgment ren-
dered by the County Court in the County of Windham, to the Supreme
Court," was sent up " for revision and concurrence or proposals of
amendment." The said bill being read and considered, Resolved, That
the Governor and Council do concur in passing the same. Ordered,
That the secretary do acquaint the house of representatives with the
concurrence of the Governor and Council in said bill.

The Council adjourned until 2 O'Clock P. M.

Governor and Council — October 1798. 191

2 O'Clock P. M.

The Council met pursuant to adjournment.

Mr- Spencer, to whom was referred the bill entitled " An act empow-
ering Israel Hay to deed certain lands," reported the same bill with cer-
tain clauses to be added to the third section thereof. Which report be-
ing read and considered, Eesolved, That the same be agreed to. The
safd bill being read with the amendment, Kesolved, That the Governor
and Council do concur in passing said bill, with the amendments pro-
posed to be added to the third section thereof. Ordered, That the Sec-
retary desire the concurrence of the house of representatives in the said
amendments.

The Council adjourned until To-morrow Morning 9 O'Clock A. M.

Saturday 27th- Oct'- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

A petition, signed by a number of men, praying that some relief may
be provided for them against the embarrassments to which they are
subjected from the present scarcity of money, was sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly 27th- Octr- 1798.

Read and referred to Messieurs J. Wright, Burnham, Hard, W. C.
Harrington, H. Barlow, Roberts, J. White, Leavenworth, and Peters, to
join, state facts, and report by bill or otherwise.

Attest, Sam*- C. Crafts, Clerk:'

The said petition being read, Resolved, That M1'- Robinson and
M1'- Spencer do join the committee appointed by the house thereon.

A petition of James Greenleaf was sent up from the house of repre-
sentatives with the following order entered thereon, viz.

"In General Assembly, Oct1"- 27th- 1798.

Read and referred to the committee appointed on the petition of
William Page, to join, state facts and make report.

Attest, Sam1- C. Crafts, Clerk."

The said petition being read, Resolved, That the Council do concur in
the order of the house made thereon.

A petition of Andrew Durkee was sent up from the house of repre-
sentatives with the following order entered thereon, viz.

" In General Assembly, Oct*"- 27th- 1798.

Read and referred to Messieurs Hoyt, T. Harrington, and P. Wright,
to join, state facts &c- Attest, Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That Mr Galusha
do join the committee appointed by the house on said petition.

On Motion, Ordered, That the Secretary inquire of the house of rep-
resentatives whether or not they propose sitting this afternoon.

The following written message was received from the house of repre-
sentatives, viz.

" In General Assembly Ocf- 27th- 1798.

A bill entitled " An act regulating the choice of a Council of Censors,"
received from the Council, after having had two several readings, has
passed into a law of this State without amendment.

Attest, Saml- C. Crafts, Clerk."

Mr- Jacob Smith, member of the house of representatives, appeared in
the Council and delivered the following message, viz.

" May it please your Excellency, I am directed by the house to ac-
quaint your Excellency and the hon'ble Council that the house of Rep-
resentatives will not sit this afternoon." And he withdrew.

192 Governor and Council — October 1798.

A bill, passed in the house of representatives, entitled " An act laying
a tax of three cents per acre on the town of Ryegate, for the purpose
therein mentioned," was sent up "for revision and concurrence, or pro-
posals of amendment." The said bill being read and considered, On
Motion, Resolved, That the Governor and Council do concur in passing
said bill with this amendment, viz. — That the word " three" be erased
before the word " Cents" and the word " two" inserted instead thereof.
Ordered, That the Secretary desire the concurrence of the house of rep-
resentatives in the said amendment.

A bill, passed in the house of representatives, entitled " An act for the
removal of prisoners from the Gaol in Vergennes to the Gaol in Bur-
lington," was sent up " for revision and concurrence or proposals of
amendment." The bill being read, Ordered that it lie on the table.

The Council adjourned until Monday next 9 O'Clock A. M.

Monday, 29th Octr- 1798, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr- Smith, member of Council, appeared in Council and resigned his
seat as such, and at the same time declared his acceptance of his appoint-
ment as one of the judges of the Supreme Court of Judicature.

The honourable Enoch Woodbridge and the honourable Noah Smith,
Esquires, appeared before the Council and by his Excellency Governor
Tichenor were duly sworn and qualified to the Offices of judges of the
supreme court of judicature for the year ensuing.

On Motion, Resolved, The house of representatives concurring there-
in, That the two houses meet in joint-committee, at the opening of the
house this afternoon, in the house of representatives, for the purpose of
electing a councillor in the room of Mr- Smith, who has resigned his seat as
such and accepted his appointment as a judge of the Supreme Court of
Judicature. And also to elect a Brigadier General in the first brigade of
the first division of the Militia of this state, in the room of Brigadier Gen1
John Steward whose resignation has been accepted. And also to elect a
Surveyor General, and Auditor of accounts against this state, and an aud-
itor or auditors in the Treasury Department. Ordered, that the Secretary
desire the concurrence of the house of representatives in the foregoing
resolution.

Petitions from sundry inhabitants of Woodstock, Fairlee, Wheelock
and Bradford, praying for relief in some measure from the operation of
the present laws in the collection of debts, were sent up from the house
of representatives with the following (or a similar) order entered on
each, viz.

" In General Assembly Octr- 27, '98.

Read and referred to the committee appointed on the petition of the
inhabitants of Thetford, to join, state facts &c-

Attest, Saml- C. Crafts, Clerk."

The said petitions being severally read, On Motion, Resolved, That
the Council &c. concur in the orders of the house thereon respectively.

A petition of Thomas Archibald was sent up from the house of repre-
sentatives with the following order entered thereon, viz.

" In General Assembly Octr- 27th- 1798.

Read and referred to the committee on the petition of Andrew Dur-
kee, to join, state facts, &c- Attest Saml- C. Crafts, Clerk."

The said petition being read, On Motion, Resolved, That the Council
do concur in the order of the house thereon.

Governor and Council — October 1798. 193

A petition of Nathaniel P. Sawyer and John McDanela was sent up
from the house of representatives with the following order entered
thereon, viz.

" In General Assembly Oct*"- 27th- 1798.

The within was read and referred to the 4th land-tax committee, to
join, state facts and make report. Attest, Saml- C. Crafts, Clerk.''''

The said petition being read, Resolved, That the Council do concur in
the foregoing Order of the house made thereon.

A Memorial of Jonathan Willard was sent up from the house of rep-
resentatives with the following order entered thereon, viz.

" In General Assembly Oct*"- 27th- 1798.

The within was read and referred to Messieurs Jewet, Fletcher,
Thompson, Collins and S. Williams, to join a committee from Council,
to state facts and make report. Attest Saml- C. Crafts, Clerk.'11

The said Memorial being read, On Motion, Resolved, That Mr- Brig-
ham do join the committee appointed by the house thereon.

M1*- Hunt, a member of the house of representatives, appeared in the
Council Chamber and delivered this message, viz.

'* May it please your Excellency — M1'- Smith, who was appointed on
the part of the Council, to join the committee appointed by the house of
representatives on the petition of the town of Randolph, having resigned
his seat as Councillor, it became necessary that some other person should
be chosen in his room." And he withdrew.

On Motion, Resolved, That Mr- Chamberlain do join on the petition
of the town of Randolph in the room of Mr- Smith.

A bill, entitled u An act establishing a turnpike gate or gates on such
road as shall be made at the place and according to the provisions of
this act," was sent up from the house of representatives with the follow-
ing order thereon, viz.

" In General Assembly, Octr- 29th 1798.

Read and referred to the committee on the bill for a turnpike from
Windsor to Burlington, to join &c-

Attest Saml- C. Crafts, Clerk."

The said bill being read, Resolved, That the Council do concur in the
order of the house made thereon.

The bill, sent from the house of representatives, entitled " An act for
the removal of prisoners from the gaol in Vergennes to the gaol in Bur-
lington," was again read and considered. On Motion, Resolved, That
the Governor and Council do concur in passing the same. Ordered,
That the Secretary acquaint the house of representatives with the con-
currence of the Governor and Council in said bill.

A petition, praying for a land-tax on Fletcher, was sent up from the
house of representatives with the following entry made thereon, viz.

" In General Assembly Octr- 29th 1798.

Report read and Ordered to be recommitted to the same committee to
state facts &c- Attest Saml- C. Crafts, Clerk."

On Motion, Resolved, That the Council do concur in the aforesd- pro-
ceedings of the house thereon.

Mr- Robinson, member from the house of representatives, appeared in
the Council Chamber and returned the resolution passed this morning,
relative to the appointment of a Brigadier General, Surveyor General,
&c- with the following order of the house entered thereon, viz.

" In General Assembly, 29th- Octr- '98.

Resolved, That this house do concur in the said resolution except in
the appointment of an Auditor in the Treasury Department — and that

13

194 Governor and Council — October 1798.

M1'- Robinson be requested to inform the Governor and Council the rea-
sons of their nonconeurrence as aforesaid.

Attest Saml- C. Crafts, Clerk."

Mr- Robinson then stated " That the appointment of ' An Auditor or
Auditors in the Treasury Department ' was by law vested in the house
of representatives, and not in the two branches/' And he withdrew. —
Whereupon On Motion, Resolved, That the Council do rescind from that
part of the resolution which relates to the appointment of " An Auditor
or Auditors in the Treasury Department." Ordered, That the Secretary
acquaint the house of representatives thereof

A bill, passed in the house of representatives, entitled " An act for the
surveying of a public county road thro' the county of Bennington," was
sent up ''for revision and concurrence or proposals of amendment."
The said bill being read, Ordered that it lie for consideration.

The Council adjourned to 2 O'Clock P. M.

2 O'clock P. M.

The Council met pursuant to adjournment.

A bill, passed in the house of representatives, entitled " An act annex-
ing the town of Duncansboro' [Newport] to the county of Caledonia for
the time being," was sent up u for revision and concurrence or proposals
of amendment." The said bill being read, Ordered, That the secretary
enquire of the house of representatives the reasons which influenced
them to pass said bill.

A bill, passed in the house of representatives, entitled " An act grant-
ing to Joseph Hawkins leave to raise by lottery the sum of two thousand
dollars," was sent up "for revision and concurrence or proposals of
amendment." The said bill being read, Ordered that it lie on the table
for consideration.

A bill, passed in the house of representatives, entitled " An act reviv-
ing an act entitled ' An act assessing a tax of three cents per acre on the
towns of Irasburgh and Coventry for the purpose therein mentioned,' so
far as it respects the town of Irasburgh, passed November 2nd 1797,
and appointing an additional member of committee," was sent up for
" revision and concurrence or proposals of amendment." The said bill
being read, On motion. Resolved, That the Governor and Council do
concur in passing the same with this amendment, viz. That the word
u deceased " in said bill be erased. Ordered, That the Secretary desire
the concurrence of the house of representatives in the foregoing amend-
ment.

A bill, passed in the house of representatives, entitled " An act allow-
ing Endorsees to maintain actions in their own names," was sent up for
revision and concurrence or proposals of amendment. The said bill
being read, Ordered, That it lie on the table for consideration.

The bill, sent up from the house of representatives, entitled " An act
for the surveying a public county road thro' the county of Bennington,"
was again read.' Resolved, That the Governor and Council do concur
in passing said bill. Ordered, That the secretary acquaint the house of
representatives with the concurrence of the Governor and Council in
said bill.

Mr Morrill, member from the house of representatives, appeared in
the Council Chamber, and stated the reasons which influenced the house
to pass the bill entitled " An act annexing the town of Duncansborough
to the County of Caledonia for the time being "—after which he with-
drew. The said bill being again read and considered, Resolved, That
the Governor and Council do concur in passing the same. Ordered,
That the secretary acquaint the house of representatives with the con-
currence of the Governor and Council in said bill.

Governor and Council —October 1798. 195

A bill, passed in the house of representatives, entitled " An act di-
recting the Treasurer of this state to pay Nahor Hayward, first con-
stable of Jamaica for the year seventeen hundred and ninety seven" —
also A* bill, passed in the house of representatives, entitled "An act
directing the Treasurer of this state to pay to Abel Sheppard, first
constable for the town of Halifax for the year 1796, seven dollars and
ninety two Cents," were sent up for revision and concurrence or propo-
sals of amendment. The said bills being severally read, Resolved, That
the Governor and Council do concur in passing the same respectively.
Ordered, That the secretary acquaint the house of representatives with
the concurrence of the Governor and Council in the foregoing bills
respectively.

The Council adjourned until 9 O'Clock To-morrow morning.

Tuesday, 30th Oct- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

The bill, sent up from the house of representatives, entitled "An act
allowing Endorsees to maintain actions in their own name," was again
rea(l — Resolved, That the Governor and Council do concur in passing
the same. Ordered, That the secretary acquaint the house of repre-
sentatives with the concurrence of the Governor and Council in said bill.

The following resolution was sent up from the house of representa-
tives, viz.

" In General Assembly, 27th- Octr- 1798.

"Resolved, That a committee be appointed to prepare and

report a bill making all receipts taken by sheriffs and constables for the
redelivery of property levied on by virtue of any writ of execution, as-
signable to the original Creditor or Creditors, in the same manner that
bonds executed to the sheriff for the liberties of the goal -yard now are ;
and no action shall be had or maintained against such sheriff or
constable in consequence of such sheriff's or constable's returning
said execution not satisfied, unless the said receipt, so taken, shall
be insufficient. And also making all executions, issued either by the
clerks of the county courts, or by the clerks of the supreme court of
judicature, returnable from term to term, or within six months from the
time execution shall issue on the original judgment, — and also making
all executions hereafter to be issued by Justices of the peace returnable
in six months from the date of the same respectively" — with the follow-
ing order entered thereon, viz.

" In General Assembly Oct'- 29th- 1798.

The within being read, was referred to the committee appointed on
the petition of the inhabitants of Thetford.

Attest Saml. C. Crafts, Clerk."

The said resolution being read, Resolved, That the Council do concur
in the foregoing order of the house made thereon.

The bill, sent from the house of representatives, entitled " An act
granting to Joseph Hawkins leave to raise by lottery the sum of two
thousand dollars," was again read. Resolved, That the Governor and
Council do concur in passing the same. Ordered, That the secretary
acquaint the house of Representatives with the concurrence of the Gov-
ernor and Council in said bill.4

The Council adjourned until 2 O'Clock P. M.

J This was a peculiar case. Joseph Hawkins of Alburgh went on a
voyage from one of the southern states to the coast of Africa in 1794
and 1795, on commercial pursuits, " and after enduring uncommon

196 Governor and Council — October 1798.

2 O'Clock P. M.

The Council met pursuant to adjournment.

A bill, passed in the house of representatives, entitled "An act direct-
ing the mode of summoning grand-jurors," was sent up for revision and
concurrence or proposals of amendment. The said bill being read, On
Motion, Ordered, That it lie on the table for consideration.

A bill, passed in the house of representatives, entitled u An act alter-
ing the times for the sitting of the supreme court of judicature, court of
chancery, and county court, in the County of Franklin," was sent up for
revision and concurrence or proposals of amendment. The same being
read, Resolved. That the Governor and Council do concur in passing the
same. Ordered, That the secretary acquaint the house of representa-
tives with the concurrence of the Governor and Council in said bill.

A bill, passed in the house of representatives, entitled " An act to
enable the proprietors of Brookfield in the county of Orange, in conjunc-
tion with the landowners, to ratify and establish the divisions of land in
said town," was sent up for revision and concurrence or proposals of
amendment. The said bill being read, Ordered, That it lie on the table
for consideration.

A petition of the agents of the proprietors of Salem was sent up from
the house of representatives with the following order entered thereon,
viz.

"In General Assembly Octr- 30th- '98.

The vote dismissing the within petition was reconsidered, and Or-
dered to be committed [to] Messrs- Chipman, W. C. Harrington, Wing,
Burnham and Bottom, to join a committee from council.

Attest Sam1- C. Ckafts, Clerk.1''

The said petition being read, Resolved, That Mr Brigham and Mr-
Chamberlain do join the committee appointed by the house thereon.

A bill, entitled "An act directing the issuing of a new Charter to the
grantees of Goshen," was sent up from the house of representatives with
the following order entered thereon, viz.

"In General Assembly Oct'- 30th- 1798.

Read and referred to the committee on the petition of the agents of
Salem, to join, state facts &c- Attest Saml- C. Ckafts, Clerk."

The said bill being read, Resolved that the Council do concur in the
order of the house made thereon.

A bill, entitled "An act directing the publishing of advertisements in
the newspapers therein mentioned," was sent up from the house of rep-
resentatives with the following order entered thereon, viz.

" In General Assembly Ocf- 30th- 1798.

Read and referred to Messieurs Robinson, Chipman, and W. C. Har-
rington, to join a Committee from Council and report thereon.

Attest Sam^- C. Crafts, Clerk."

fatigues and dangers, his sufferings received an aggravating consumma-
tion of distress, by a deprivation of his sight." His age, when this re-
lief was asked, was twenty-six; he was advised that a cure was possible,
but that skillful occulists could be found only in Europe. He was unable,
from poverty, to undertake the voyage; and this act was for the purpose
of furnishing the means. However questionable the mode, the act was
a commendable example of State benevolence. It was stated in the
Rutland Herald of Dec. 31 1798, that Hawkins had written an instructive
and entertaining account of his voyage and travels in Africa, and was
then still engaged in literary pursuits and publications.

G-overnor and Council — October 1798. 197

The said bill being read, Resolved, That Mr- Safford do join the com-
mittee appointed by the house thereon.

The bill, entitled "An act directing the mode of summoning grand
jurors,1' was again read. On Motion, Resolved, that the Governor and
Council do concur in passing the same. Ordered, That the secretary
acquaint the house of representatives with the concurrence of the Gov-
ernor and Council in said bill.

The Council adjourned until 9 O'Clock To-morrow morning.

Wednesday, 31st- Octr- 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

A resolution, for the purpose of releasing to Zadock Hard and others
a certain sum of money contained therein, was sent up from the house
of representatives with this order entered thereon, viz.

" In General Assembly, Oct'- 30th- 1798.

Read and referred to Messrs. Bradley, Hay and P. Wright, to join,
state facts &'• Attest Saml- C. Crafts, Clerk."

The said resolution being read, Resolved, That Mr Strong do join the
committee appointed by the house thereon.

The bill, entitled "An act to enable the proprietors of Brookfield in
the Count}r of Orange, in conjunction with the land-owners, to ratify
and establish the divisions of lands in said town," was again read. On
Motion, Resolved, That the Governor and Council do concur in passing
the same. Ordered, That the Secretary acquaint the house of repre-
sentatives with the concurrence of the governor and council in said bill.

A bill, passed in the house of representatives, entitled "An act assess-
ing a tax of three cents per acre on the lands in the town of Landgrave
for the purpose therein mentioned," was sent up " for revision and con-
currence or proposals of amendment." The said bill being read, Re-
solved, That the Governor and Council do concur in passing the same.
Ordered, That the Secretary acquaint the house of representatives with
the concurrence uf the Council in said bill.

His honor Lieu1- Governor Brigham in the Chair. The following
letter and communication was received from his Excellency Governor
Tichenor, viz.

Gentlemen of the Council, " From t le inconvenient situation in which
the 2nd brigade of the 4th division is now arranged, pursuant to the
powers vested in me, I have made the following arrangements therein,
provided it shall meet the advice of council, viz.

" That the tract or territory now comprehending the said second brig-
ade shall be divided into two brigades, in the following manner, viz.

" The said second brigade shall be formed from the militia in the fol-
lowing towns, viz. Thetford, Strafford, Fairlee, Vershire, Chelsea, Brook-
field, Roxbury, Northfield, Williamstown, Washington, Corinth, Brad-
ford, Newbury, Topsham, Orange, Barre, and Berlin, in the County of
Orange— and of the towns of Montpelier, Calais, Marshfield, and Plain-
field alias Sl Andrews, in the County of Caledonia, any former arrange-
ment to the contrary notwithstanding — and

wk That the third brigade in said division shall be formed of the Militia
of all the remaining towns in the said County of Caledonia, and of all
the towns in the Counties of Essex and Orleans, any former arrange-
ment to the contiary notwithstanding.

" I have the honor to be, Gentlemen, Your very hum1 Servant,

Isaac Tichenor.

" City of Vergennes, Oct1- 31st- 1798.

" His Honor Paul Brigham &c- "

198 Governor and Council — October 1798.

The said letter being read and the matters therein contained consid-
ered, On Motion, Kesolved That it is the advice of Council That his Ex-
cellency make the arrangements in the Militia agreeably to the manner
prescribed in the foregoing letter.

His Excellency appearing in Council resumed the Chair.

A petition of the Trustees of Addison County Grammar School was
sent up from the house of representatives with the following order en-
tered thereon, viz.

" In General Assembly Octr- 31s'- 1798.

Read and referred to Messieurs Bradley, Hunt, S. Williams, Gallup,
Hoyt, Allis, Rood, Cahoon, and S. Hathaway, to join, state facts &c-

Attest Sam'l- C. Crafts, Clerk"

The said petition being read. Resolved that Mr- Todd and Mr- Cham-
berlain do join the committee appointed by the house thereon.

A petition, praying for a land-tax in Moretown, was sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly Ocf- 31st- 1798.

Report read and recommitted to the same committee, to join, state
facts &c- Attest Saml- C. Crafts^ Clerk."

The same being read, On Motion, Resolved, That the Council do con-
cur therein, and that M1- Strong be joined to the said committee ap-
pointed on the part of the house, in the room of Mr- Smith resigned.

A bill, passed in the house of representatives, entitled " An act grant-
ing a new trial on a certain cause therein mentioned," was sent up " for
revision and concurrence or proposals of amendment." The said bill
being read, Resolved, That the Governor and Council do concur in pass-
ing the same. Ordered, That the secretary acquaint the house of rep-
resentatives with the concurrence of the Governor and Council in said
bill.

The Council adjourned until 2 O'Clock P. M.

2 O'Clock P. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of representatives, were sent
up for revision and concurrence or proposals of amendment, viz. A bill,
entitled " An act laying a tax of one cent per acre on the town of Hard-
wick;" A bill, entitled "An act appointing a Collector of a land-tax in
the town of Milton;" A bill, entitled " An act appointing a Collector of
a land-tax in Johnson;" A bill, entitled "An act laying a tax of three
cents on each acre of land in the township of Craftsbury, public land
excepted;" A bill, entitled "An act laying a tax of two cents per acre
on the township of Warren;" A bill, entitled " An act assessing a land-
tax on the townships of Washington. Orange, Harris's Gore, Grotonand
Peacham, for the purpose therein mentioned;" A bill, entitled, " An act
in alteration of an act entitled 'An act for dividing the town of West-
minster into two parishes,' passed Octr- 19th- 1787;" A bill, entitled "An
act annexing a part of the town of Wells to the town of Poultney;" A
bill, entitled " An act in addition to and amending an act entitled 'An
act constituting and establishing a company of artillery in the town of
Rutland;'" A bill, entitled "An act granting to Isacher Reed the exclu-
sive right and privilege of running a stage from Rutland to the line of
this state, on the road from Rutland to Salem in the state of New York;"
A bill, entitled "An act empowering the proprietors of the township of
Cornwall to authenticate and confirm their division;" A bill, entitled
" An act pointing out the method of establishing the lands divided into
severalty in the town of New Haven, according to the lines thereof;"
and A bill, entitled " An act for the purpose of annexing the tract of
land called and known by the name of Knight's Gore, in the county of

Governor and Council — November 1798. 199

Franklin, to the town of Bakersfield, and a part of the town of Bakers-
field to the town of Enosburgh." The aforesaid bills being severally
read, On Motion, Resolved, That the Governor and Council do concur in
passing the same. Ordered that the secretary acquaint the house of rep-
resentatives with the concurrence of the Governor and Council in the
said bills respectively.

The following bills, passed in the house of representatives, were, sev-
erally, sent up " for revision and concurrence or proposals of amend-
ment," viz. A bill, entitled "An act assessing a tax of three cents per
acre on the township of Berkshire for the purpose therein mentioned " ;
A bill, entitled "An act appointing a committee to lay out and survey a
road from Greensboro' and Hardwick to the court house in Danville,
and laying a tax of two cents per acre on the township of Walden " ;
and A bill, entitled "An act appointing a committee to lay out and sur-
vey a county road from Montpelier to Danville. The said bills being
severally read, Ordered, That they lie on the table for consideration.

A bill, passed in the house of representatives, entitled "An act ap-
pointing a committee to lay out, alter, and streighten the road from
Vergennes thro' Castleton to Bennington," was sent up "for revision
and concurrence or proposals of amendment." The said bill being read,
Resolved, That the governor and council do concur in passing the same,
with the amendment noted on the back of said bill. Ordered, That the
secretary desire the concurrence of the house of representatives in the
foregoing amendment.

Mr- Strong asked permission to bring in a bill entitled " An act empow-
ering the proprietors of the Township of Addison in the County of Ad-
dison to lay out the remainder of their undivided land by pitching."
Ordered, That he have permission. The said bill being then read, Re-
solved, That it do pass. Ordered, That it be engrossed, and sent to the
house of representatives for revision and concurrence or proposals of
amendment.

The Council adjourned until 9 O'Clock To-morrow morning.

Thursday, 1st November 1798, 9 O'Clock A. M.

The council met pursuant to adjournment.

The following bills, passed in the house of representatives, were sent
up " for revision and concurrence or proposals of amendment," viz. A
bill, entitled " An act directing the Treasurer of this state to pay Joseph
Chamberlin twenty dollars;" A bill, entitled "An act directing the
Treasurer to pay Jacob Fowler twenty dollars;" A bill, entitled "An
act in addition to an act entitled ' An act granting to Israel Converse,
Josiah Edson, Stephen Fisk, and Timothy Mitchel the exclusive right
of running a stage from Windsor to Burlington, for the term therein
mentioned;' " A bill, entitled " An act assessing a tax of two cents per
acre on all the lands in the township of Burk, and three cents per acre
on all the lands in the township of Westmore, public rights excepted, for
the purpose of making and repairing roads and building bridges;" A bill,
entitled " An act granting to Joseph Munn an appeal in a certain cause
therein mentioned;" A bill, entitled "An act granting relief to Seth
Wetmore;" A bill, entitled "An act directing the issuing of a new
Charter to the Grantees of Goshen;" a bill, entitled "An act assessing
a tax of two cents on each acre of land on the township of Duxbury for
the purpose therein mentioned;" A bill, entitled "An act laying three
cents on each acre of land on the township of Billymead [Sutton,] (pub-
lic rights excepted;") A bill, entitled "An act assessing a tax of two

200 Governor and Council — November 11 '98.

cents per acre on the township of Montgomery for the purpose therein
mentioned;" A bill, entitled "An act granting an appeal to Sylvester
Learned in the case therein mentioned;" & A bill, entitled, " An act
assessing a tax of three cents on the township of Berkshire for the
purpose therein mentioned." The aforesaid bills being severally read,
On Motion, Resolved, That the Governor and Council do concur in
passing the same. Ordered, That the secretary acquaint the house of
representatives with the concurrence of the Governor and Council in
said bills respectively.

A bill, for the purpose of appointing a committee to examine into the
situation of the County of Windham and report upon the propriety of
altering the shire, was sent up from the house of representatives with
this Order entered thereon, viz.

" In General Assembly 31st Octr- 1798.

Read and referred to Messrs- S. Williams, Thompson, E. Sheldon,
Stanton and Hurd, to join a committee from Council, and report their
opinion thereon. Attest Saml- C. Crafts, Clerk"

The said bill being read, Resolved, That Mr Todd and Mr- Chamber-
lain do join the committee appointed by the house thereon.

A bill, entitled "An act constituting a Company of Light Infantry in
the town and vicinity of Bradford in this state," was sent up from the
house of representatives with the following order entered thereon, viz.

" In General Assembly Nov1-- 1st- 1798.

Read and referred to Messieurs Whitney, Z. Curtiss, and Gallup, to
join a committee from Council, to take under consideration the within
and report what alterations should be thought necessary.

Attest, Saml- C. Crafts, Clerk.''''

The said bill being read, Resolved, That Mr- Brigham do join the
committee appointed by the House thereon.

Mr- Lynde asked permission to bring in a bill entitled "An act em-
powering the proprietors of the township of Williamstown in the County
of Orange to lay out their undivided lands by pitching." Ordered, That
he have leave. The said bill being then read and considered, On Mo-
tion, Resolved, That it do pass. Ordered, That it be sent to the house
of representatives for their revision and concurrence or proposals of
amendment.

A petition of the selectmen of Poultney was sent up from the house
of representatives with the following order entered thereon, viz.

" In General Assembly Nov1"- 1st '98.

Read and referred to Messrs P. Wright, James Smith, and Jones, to
join a committee from Council, to state facts and make report.

Attest Saml- C. Crafts, Clerk."

The said petition being read, Resolved, that Mr Todd do join the
committee appointed by the house thereon.

On Motion, Resolved, The house of representatives concurring there-
in, That the two houses meet in joint committee, at the opening of the
house in the afternoon, in the house of representatives, for the purpose
of electing a brigadier general in the third brigade and fourth division
of the militia of this state, which brigade the Governor, by and with the
advice of Council, has directed to be formed of all the militia in all the
towns in the counties [of] Caledonia, Essex and Orleans, except the
towns of Montpelier, Calais, Mansfield [Marshfield,] and Plaintield alias
St. Andrews, situate in the said county of Caledonia.

A bill, entitled uAn act authorizing Joseph Churchill to sell the real
estate of* Benjamin Dimick deceased," was sent up from the house of
representatives with the following Order entered thereon, viz.

Governor and Council — November 1798. 201

" In General Assembly, Nov- 1st '98.

Read and referred to Messrs- Jacob Smith, Joshua Chamberlin, and
Phinehas Williams, to join from council.

Attest Saml- C. Crafts, Clerk."

The said bill being read, Resolved, That M>- Robinson do join the
committee appointed by the house thereon.

The Council adjourned until 2 O'clock P. M.

2 O'Clock P. M.

The council met pursuant to adjournment.

The resolution, passed in the forenoon, for the purpose of electing a
Brigadier General in 3rd brigade in the 4th division of the militia of this
state, was sent up from the house of representatives with the following
minute entered thereon, viz.

" In General Assembly Nov'- 1st 1798.

Resolved, That the house of representatives do concur in the fore-
going resolution. Extract from the journals.

Attest Sam1- C. Crafts, Clerk."

The Council then proceeded to the house of representatives and joined
them in committee for the purpose expressed in the foregoing concur-
rent resolution. The said committee being dissolved, the Council re-
lumed to the Council Chamber and proceeded to business. l

The hon'ble Benjamin Burt, Esquire, who was elected, by the joint
ballot of both houses, a Councillor, on the 29th- ultimo, appeared in
Council, and, after taking the necessary qualifications, was admitted to
his seat.

A bill, entitled " An act restoring Daniel Farrington to his law,"
passed in the house of representatives, was sent up for revision and con-
currence or proposals of amendment. The same being read and consid-
ered, Resolved, That the Governor and Council do not concur in passing
said bill. Ordered, That Mr Spencer return said bill to the house of
representatives and assign to them the reasons for the nonconcurrence
of the council in passing the same.

The bill, passeci in the house of representatives, entitled " An act ap-
pointing a committee to lay out and survey a road from Greensboro' and
Hardwick to the court house in Danville, and laying a tax of two cents
per acre on the township of Walden," was again read and amended,
Whereupon Resolved, That the Governor and Council do concur in
passing said bill, with the amendments noted thereon. Ordered, That
the Secretary desire the concurrence of the house of representatives in
the amendments to the same.

The following bills, passed in the house of representatives, were sent
up " for revision and concurrence or proposals of amendment," viz. A
bill, entitled "An act directing the Treasurer of this state to pay the
sum of four dollars and seventy five cents to the Selectmen of Dum-
merston;" A bill, entitled " An act directing the Treasurer of this state
to credit the town of Weybridge in the County of Addison the sum of
eleven dollars and fifty seven cents on the "cent tax;'" and A bill, en-
titled a An act laying a tax of three mills on the dollar on the polls and
rateable estate of the inhabitant in the County of Orange." The afore-
said bills being severally read and considered, Resolved, That the Gov-
ernor and Council do concur in passing said bills respectively. Ordered,
That the secretary acquaint the house of representatives with the con-
currence of the Governor and Council in said bills respectively.

The Council adjourned until 9 O'Clock To-morrow morning.

1 The Grand Committee elected Hon. William Chamberlain Brigadier
General of the 3d brigade in the 4th division.

202 Governor and Council — November 1798.

Friday, 2nd- November 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment.

Mr- Marvin moved for liberty to bring in a bill entitled " An act sup-
plementary to an act entitled 'An act dividing the state into districts
for electing representatives to the Congress of the United States, and
directing the mode of their election.' " Ordered, That he have leave.
The said bill being read. Ordered, That it lie on the table for considera-
tion.

The bill, entitled " An act restoring Daniel Farrington to his law,"
which was passed in the house of representatives and sent up for revision
&c- and was nonconcured yesterday afternoon, was again sent up with
this order entered thereon, viz.

" In General Assembly Novr- 1st- '98.

Resolved, That the house do not reconsider the vote passing this bill,
and that Messrs- Chipman and W. C. Harrington wait upon the Governor
and Council with this bill and state the reasons that induced the house
to pass this resolution. Attest Saml- C. Crafts, Clerk.'''1

M1'- Chipman and M1- Harrington then stated to the Governor and
Council the reasons of the house inducing them to adhere to their for-
mer vote for passing said bill — and they withdrew. Whereupon, Re-
solved, That the Governor and Council do reconsider their former re-
solve for nonconcuring said bill — and On Motion, Resolved, That the
Governor and Council do concur in passing said bill. Ordered, that the
secretary acquaint the house of representatives with the concurrence of
the Governor and Council in said bill.

The following bills, passed in the house of representatives, were sent
up "for revision and concurrence or proposals of amendment," viz.

A bill, entitled "An act assessing a tax of half a cent on Kelly vale'*
[Lowell;] and A bill, entitled "An act directing the mode of obtaining
licenses and regulating inns and houses of public entertainment." The
said bills beingseverally read, On Motion, Resolved, That the Governor
and Council do concur in passing the same respectively. Ordered that
the Secretary acquaint the house of representatives with the concur-
rence of the Governor and Council in said bills respectively.

A bill, entitled "An act for paying Mathew Lyon five hundred and
thirty five dollars," was sent up from the house of representatives with
the following order entered thereon, viz.

" In General Assembly, 2nd Novr- 1798.

Read and referred to Messieurs J. Wright, Hunt, Anthony, Z. Curtiss,
Thompson, Hatch, Reed, Lucas and Hubbard, to join a committee from
Council, state facts, and report as well by bill as otherwise.

Attest, Saml- C. Crafts, Clerk.-1

The said bill being read, Resolved, That Mr Lynde and Mr- Robinson
do join the committee appointed by the house thereon.

The following resolution was sent up from the house, viz.

"On Motion, Resolved, That there be a committee, consisting of One
member from each County, to join a committee from Council, appointed
to receive this state's proportion of the laws of the United States, and
report some mode for their distribution. Members chosen, Messieurs
Robinson, Hunt, Witherill, Olcott, Chipman, Hatch, Stanton, Leaven-
worth, and S. Hubbard.

Extract from the Journals, Attest, Saml- C. Crafts, Clerk."

The said resolution being read, Resolved, That Mr- Galusha do join
the committee appointed by the house thereon.

The Council adjourned to 2 O'Clock P. M.

Governor and Council — November 1798. 208

2 O'Clock P. M.

The Council met pursuant to adjournment.

The petition of William Page, 'agent of the company for rendering
Connecticut River navigable by Bellows Palls, was again sent up from
the house of representatives with this order entered thereon, viz.

" In General Assembly Novr- 2, 1798.

Read and referred to Messieurs Shumway, T. Harrington, James
Smith, Whitney, Allis, Hay, Beardsley, and Hathaway, to join a com-
mittee from Council, to make further enquiries, state facts and report.

Attest, Sam^ c. Crafts, Clerk:'

The same being read, Resolved. That Mr Brigham and Mr- Burt do
join the committee appointed by the house thereon.

The bill, entitled " An act restoring Daniel Farrington to his law,"
was again read. Resolved, That the Governor and Council do concur in
passing said bill, with the amendment noted on the back of the same.
Ordered, That the secretary desire the concurrence of the house of
representatives in the amendment to the said bill.

The bill, entitled u An act supplementary to an act entitled ' An act
dividing the state into districts for electing representatives to the Con-
gress of the United Slates, and directing the mode of their election,"
was read the second time. Resolved, That the said bill do pass. Or-
dered, That the same be sent to the house of representatives for revision
and concurrence or proposals of amendment.

The bill, entitled "An act appointing a committee to lay out and sur-
vey a county road from Montpelier to Danville," was again read. Re-
solved, That the Governor and Council do concur in passing the same
with this amendment, to wit: That the words " and the expence of such
survey shall be paid by the town of Montpelier " in the third, fourth and
fifth lines of the second section [be stricken out.] Ordered, That the
secretary desire the concurrence of the house of representatives in said
amendment.

The following bills, passed in the house of representatives, were sent
up for revision and concurrence or proposals of amendment, viz. A bill,
entitled " An act laying a tax of two cents per acre on the township of
Waitsfield;" A bill, entitled " An act giving relief to the proprietors of
Salem on the cent tax;" and a bill, entitled "An act appropriating the
monies raised by tax in the town of Swanton to the defraying the ex-
pence of building a bridge over Missisque River." The said bills being
severally read, Resolved, That the Governor and Council do concur in
passing the same respectively. Ordered, That the secretary acquaint
the house of representatives with the concurrence of the Governor and
Council in said bills respectively.

The Council adjourned until 9 O'Clock To-Morrow Morning.

City of Yergennes, Saturday November '<rd- 1798, 9 o'clock A. M.

The Council met pursuant to adjournment.

Resolved, That the House of Representatives be and they are hereby
requested to lay before the Governor and Council, as soon as may be
convenient, all statements relative to the Treasury Department with
which they have been furnished by the Treasurer— as also the General
List, and other Documents and reports of which they are possessed,
which will shew the present state of the Treasury of this State.

Resolved, further, That if the House of Representatives be not fur-
nished with any Statement from the Treasurer; that, in that case, they
be and hereby are requested to call on the Treasurer, to lay before them
a particular account of the State of the Treasury.

204 Governor and Council — November 1798.

Ordered, That the Secretary carry the same -to the house.

A Bill, passed in the House of Representatives, Entitled An act em-
powering the several Judges of Probate in this State, to empower Ex-
ecutors and Administrators to deed land in certain cases, was sent to the
Governor and Council, for their revision and concurrence or proposals
of amendment, and being read, it was, on motion, Resolved, That it be
referred to Mess'8 Jacob and Robinson to propose amendments.

A Bill, passed in the house of Representatives, Entitled An act em-
powering the Selectmen of the several Towns in this State to take
charge of or lease out the Lands granted to the first Settled Minister,
and to the use of the Ministry, was sent to the Governor and Council,
for their revision and concurrence, or proposals of amendment, which
was read, amended, and on motion, it was Resolved, To concur with
the house in passing the same into a Law, with the proposals of amend-
ment noted on the back of sd Bill.

The Council adjourned to 2 o'clock P. M.

2 o'clock P. M.

A Bill, passed in the house of Representatives, entitled An act
directing the publishing of advertisements, in the News-Papers therein
mentioned, was sent up for revision and concurrence or proposals of
amendment, and being read, it was on motion, Ordered, That it lie on
the Table 'till Monday, for consideration.

The following resolution was sent from the house with the papers
therein alluded to, to wit:

u In General Assembly Nov. 3d- 1798.

Resolved that the General list of this State, together with the report
of the auditor, appointed to examine the State of the Treasury, be sent
to the Governor and Council. Attest Saml- C Crafts. Clerk."

Whereupon Resolved, That Mess8- Todd and Jacob do take said Pa-
pers and report thereon.

A Bill, Entitled, An act granting relief to Ephraim Stevens, which
passed in the house of Representatives, was sent up for revision and
concurrence or proposals of amendment, read, amended, and then it
was Resolved, To concur with the house in passing the said Bill into a
Law, with the proposals of amendment noted on the back of the same.

On motion, Resolved, That Mr. Spencer be a Committee on the Peti-
tion of William Page, in the room of Mr Burt.

Council adjourned to 10 o'clock Monday morning.

Monday o November 1798, 10 o'clock A. M.

The Council met pursuant to adjournment.

The following resolution was sent up from the house:

" In General Assembly Nov. 3(1 1798.

Resolved, the Governor and Council concurring therein, that the two
houses of the Legislature will rise, on Wednesday the 7th day of Novem-
ber Instant, and that the Engrossing Clerk be directed to make up the
Debenture of both houses accordingly.

Extract from the Journals. Attest Saml- C. Crafts, Clerk."

The same being read, Resolved, That the Governor and Council con-
cur therein.

Mr- Jacob reported sundry amendments to the Bill, Entitled An act
empowering the several Judges of Probate in this State, to empower
Executors and Administrators to deed lands in certain cases — which
amendments were read and accepted. The said Bill was then read and
Resolved That the Governor and Council do concur therein with the

Governor and Council — November 1798. 205

amendments proposed thereto. Ordered, That the Secretary carry down
said Bill.

On motion, Resolved, To reconsider the Vote, concurring in the Res-
olution relative to affixing the time of the rising of the legislature.
Ordered, That said Resolution lie on the Table.

The following Bills passed in the house of Representatives, were sent
up for Revision and concurrence or proposals of amendment: A Bill,
Entitled An act laying a Tax of one cent per acre on the Township of
Kingston. A Bill, Entitled An act in alteration of an act, Entitled an
act granting relief to two native Indians passed Nov. 7, A. D. 1792. A
Bill, Entitled An act appointing a new Collector of a Land Tax in the
Town of Isie of Mott. A Bill, Entitled An act, laying a Tax of one
Cent per acre on the Township of Wolcott, for the purposes therein
mentioned.

Resolved, That the Governor and Council do concur in passing the
same.

Adjourned to 2 o'clock P. M.

2 o'clock P. M.

The following written messages were received from the house:

" In General Assembly Nov. 5, 1798.

A Bill entitled, " An act supplementary to an act, directing the mode
of electing Representatives to Congress," recd- from the Council, after two
several readings, was accepted, and is passed into a law of this State.

Attest Saml- C. Crafts, Clerk."

" In General Assembly Nov. 5, 1798.

A Bill, originating in Council, entitled "An act, empowering the
Proprietors of Williamstown to pitch their undivided Land," after having
had two several readings, is accepted, and passed into a Law of this
State. The house have concurred in the amendments proposed by the
Governor and Council to the Bill, Entitled An act empowering the sev-
eral Judges of Probate to empower Executors &c. to Deed lands in cer-
tain cases. Attest Saml- C. Crafts, Clerk."

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence, or proposals of amendment — viz. An
act, empowering Asa Tilden, Administrator of the estate of Benjamin
Follet, late of Hartford, deceased, to sell all the real estate of the said
Benjamin. An act, laying a Tax of two Cents per acre on the town of
Braintree, for the purpose therein mentioned. An act determining a
particular regulation, relative to the Proprietors and Landowners of
Goshen and Warren — and an act, laying a tax of two cents per acre on
the towrn of Glover, for the purpose therein mentioned — and the same
being severally read, it was Resolved, That the Governor and Council
do concur in passing the said Bills respectively.

A Bill, passed in the house of Representatives, Entitled An act,
annexing two Companies of Cavalry, already raised, to the second regi-
ment, first Brigade, and first division of the Militia of the State of Ver-
mont, was read and Resolved, To concur in passing the said bill, with
the amendments proposed to the same, as endorsed and noted thereon.

A Bill, passed in the house of Representatives, Entitled, An act lay-
ing a tax of three cents per acre on the town of Moretown, for the
purpose therein mentioned, was sent up for revision &c. which was read,
and then it was Resolved, To concur with the house in passing said
Bill into a Law, with the amendments proposed to the same as endorsed
and noted thereon.

A bill, passed in the house of Representatives, Entitled, An act respect-
ing a claim made by some of the Chiefs of the Seven Indian nations of
the Province of lower Canada in behalf of their respective Nations, to

206 Governor and Council — November 1798.

lands within this State, was sent up for revision &c, read, and then it
was Eesolved, To concur in passing said Bill, with the proposals of
amendment endorsed and noted thereon.

A bill, passed in the house of Representatives, Entitled, An act for
the relief of Jonathan Fassett in a certain suit, was sent up for revision
&c. and the same being read, Resolved, that the Governor and Council
do concur in passing the same, with the proposals of amendment, as re-
ferred to on the Back of said Bill.

The Council Adjourned until 9 O'clock Tomorrow morning.

Tuesday, November 6th, 1798, 9 o'clock A. M.

The Council met pursuant to adjournment.

A bill, Entitled, An act laying a tax of two cents per acre on the
town of Roxbury, which had passed the house of Representatives, was
sent up for revision &c. and the same being read, it was Resolved, That
the Governor and Council do concur in passing said Bill, with the amend-
ments thereto proposed and noted in the paper marked (A.)

A bill, passed in the house of Representatives, Entitled, An act, for
the purpose of regulating the raising and falling of the waters, occasioned
by the erection of a mill darn on Muddy Brook, so called, in Shelburne,
by Nathan Tiler a number of years past, was sent up for revision &c.
read, and Resolved, To concur with the house in passing the same into
a law.

Mr Todd, from the Committee, appointed to take under consideration,
the documents and reports relative to the Treasury department reported,
That the Bill, passed in the house of Representatives, entitled An act
assessing a tax of one cent, on the dollar, on the List of 1798, ought to
be passed — which report was read and accepted — whereupon Resolved
That the Governor and Council do concur in passing the said bill into a
Law.

A bill, passed in the house of Representatives, Entitled, An act, estab-
lishing a Ferry from the eastern part of Alburgh, to the landing called
Hog-Island in Highgate, was sent up for concurrence &c. and the same
being read Resolved, That the Governor and Council do recommend to
the General Assembly to reconsider the vote passing the same, the ob-
ject thereof being fully embraced in a general law of this State, for that
purpose.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment — viz. An act
reviving an act, entitled, an act, for laying out and establishing a Post
Road, through the Towns of St. Johnsbury and Lyndon, in the County
of Caledonia. An act, authorizing the Proprietors of Middlebury to
confirm and compleat the division of their lands. An act, authorizing
the Committees appointed to superintend the collection of certain land
taxes, to proceed in the collection thereof. An act, assessing a Tax of
one cent per acre on the township of Mansfield, for the purpose therein
mentioned. An act, to revive an act, Entitled, An act, assessing a Tax
of one cent, on each acre of land in Holland, for the purpose therein
mentioned. An act, laying a tax of one cent per acre on the townships
of Brownington and Navy, for the purpose therein mentioned, and An
act directing the Treasurer of this State, to pay certain sums of money,
to the several persons therein mentioned. The same being severally
read, it was Resolved, That the Governor and Council do concur in pass-
ing the aforesaid bills, respectively.

Governor and Council — November 1798. 207

The Bill, Entitled, An act directing the publishing of advertisements,
in the newspapers therein mentioned, was read a Second time, and
amended, and it was Resolved, To concur with the house in passing the
same with the amendments.

A Bill, passed in the house of Representatives, entitled, " An act,
confirming a rate, made by the Selectmen of the Town of Winhall," was
sent up for revision &c. and the same being read, it was Resolved, That
the Governor and Council do concur in passing the same with the amend-
ments, as noted on the back thereof.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following written message was transmitted from the house —

"In General Assenfbly 5th of Nov. '98.

" The following bills received from the Governor and Council, with
proposals of amendment being read, were concurred, as amended, and
are passed into laws of this State. A bill Entitled "An act Laying a
tax of three cents per acre on the Town of Moretown, for the purpose
therein mentioned. A bill Entitled An act, respecting a claim by some
of the Chiefs of the Seven Indian Nations of the Province of lower
Canada, in behalf of their respective nations, to lands within this State.
A Bill Entitled, An act, for the relief of Jonathan Fassett in a certain
suit, and A Bill, Entitled, An act, establishing a company of cavalry.

Extract from the Journals, Attest, S. C. Crafts, Clerk.'1''

The following Bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment— viz— "An
act, granting to Charles Rich, the sum of twelve dollars and ninety five
cents, for the purpose therein mentioned." "An act, assessing a tax
of three cents per acre on the town of Faystown, for the purpose therein
mentioned." "An act, assessing a tax of two cents per acre on the
town of Colchester, for the purpose therein mentioned." " An act assess-
ing a tax of two cents per acre on the town of Hancock for the purpose
therein mentioned." " An act, assessing a tax of one cent per acre on
the township of Jay, for the purpose therein mentioned," and " An act,
for suspending prosecutions against Timothy Clement for the space of
five years." The aforesaid bills being read, it was Resolved, That the
Governor and Council do concur in passing the same respectively.

On motion of Mr- Jacob, Resolved, That a committee of one member,
to join such Committee as the house of Representatives may appoint, be
chosen, to examine into the unfinished business before the legislature,
and make report tomorrow, at which time the legislature can rise, with
safety to the Public— also Resolved, That Mr- Robinson be the Commit-
tee on the part of Council.

Adjourned to 9 o'clock Tomorrow morning.

Wednesday November 7th- 1798, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent to
the Governor and Council for their revision and concurrence or proposals
of amendment— viz. "An act laying a tax, of one and a half cent per
acre, on the town of Bridgewater, for the purpose therein mentioned,"
" An act directing the Treasurer, to pay the expences, incurred on the
day of Election," "An act, granting leave to raise Volunteer companies,
from Exempts, and incorporating them, into the several regiments of
the Militia of this State," "An act, assessing a tax, of one cent per acre,
on the township of Morristown, for the purpose therein mentioned,"

208 Governor and Council — November 1798.

"An act, assessing a tax of one cent per acre, on the township of Cal-
dersburgh [Morgan,] for the purpose therein mentioned," "An act, lay-
ing a tax, of one cent and a half, on each acre of land, in the township
of Minehead [Bloomfield,] public lands excepted," "An act, discharging
Jonathan Nichols Jur- from the payment of a certain note therein men-
tioned," "An act, authorizing the Proprietors of the Township of Salis-
bury, to establish their divisions allready made, and also to divide the
remainder of their lands by pitching," "An act, laying a tax of one and
a half cent per acre on the Town of Elmore, for the purpose therein
mentioned," "An act, dividing the South-hero into separate towns,"
"An act, in alteration of an act, Entitled an act, granting to William
Page and Lewis R. Morris, their heirs and assigns forever, the exclusive
right of locking Bellows Falls on Connecticut River," "An act, appoint-
ing Elisha W. Bingham, a Committee man, in addition to a Committee
appointed on a road tax, granted by the Legislature of the State of
Vermont, on the Township of Concord, in the County of Caledonia, at
their October session 1797," "An act, laying a tax of one cent per acre
on the township of Worcester, for the purpose therein mentioned," and
"An act, assessing a tax of two cents per acre on the town of Plainfield,
late S*- Andrews-Gore, for the purpose therein mentioned." The same
being severally read, it was Resolved, That the Governor and Council
do concur in passing the same respectively. Ordered, That the Secre-
tary carry down said Bills to the house of Representatives and acquaint
that body with the concurrence of Council therein.

On motion of Mr- Brigham Resolved, The house of Representatives
concurring therein, that the Surveyor General, be and he hereby is
directed, as soon as convenient, to make an actual survey of Alburgh, in
order to enable him to make the necessary survey of the Gore of Land,
granted to Ebenezer Marvin Esquire Nov. 4, 1793, lying between
Alburgh and Huntsburgh, and that the Surveyor General be directed to
make out a survey of said Gore, and a return thereof to the next Session
of the Legislature, that a charter of said Land may be made out to said
Grantee. Mr- Spencer was appointed to carry said Resolution to the
house.

The resolution sent up on the 5th- Ins*- relative to the houses of the
legislature rising on the 7th- Ins1- was again taken up and being consid-
ered, it was Resolved, To concur therein with this proposal of amend-
ment That instead of " Wednesday the 7th- day of Nov'r Ins*-" the words
" Thursday the 8th- day of Nov. Ins*-" be inserted in lieu thereof, and Mr-
Spencer appointed to return said Resolution to the house.

The following Resolution was sent up from the house of Representa-
tives :

" In General Assembly Nov. 7th, 1798.

Resolved, that there be a committee of three members appointed, to
join a Committee from Council, to draught and report a Bill making
appropriations for the year seventeen hundred and ninety-eight.— Mess'8
J. Robinson, S. Williams, & A. Marsh.

Attest, Saml- C. Crafts, Clerk"

The same being read, Resolved, That Mr. Brigham do join the afore-
said committee.

The bill, entitled, "An act, directing the publishing of advertisements
in the newspapers therein mentioned," which was concurred on the 6th
Ins*- with sundry proposals of amendment, was returned from the house
by Mr- Marsh, with this order endorsed thereon:

" In General Assembly Nov. 6, 1798.

The amendments proposed by Council to the within bill in the first
Section was concurred in, and also the amendment proposed to the pro-

Governor and Council — November 1798. 209

viding clause was also concurred, and the amendment proposed marked
B was nonconcured and M> Marsh appointed to return said Bill to
Council and state the reasons of nonconcurrence.

Attest, Saml- C. Crafts, Clk."

And Mr- Marsh, after stating the reasons of their nonconcurrence, with-
drew— & on motion it Was Resolved, That the Governor and Council do
rescind from their proposed amendment to said bill Marked B.

The following message was received from the house:

" In General Assembly Nov. 7, 1798.

The house have concurred with the amendments proposed by Council
relative to the day of adjournment.

Attest, Saml- C. Crafts, Clk."

A bill, passed in the house of representatives, Entitled, " An act,
assessing a tax of two cents per acre on the township of Westfield for
the purpose therein mentioned," was sent up for revision &c. — and the
same being read, Resolved, That the Governor and Council do concur in
passing the same, with the amendments noted on the back of said bill.

A Resolution, passed this morning, brought in on motion of Mr-
Brigham, relative to directing the Surveyor General to survey the town
of Alburgh, in order to ascertain the quantity of land in the Gore
granted to Ebenezer Marvin &c. was returned from the house with this
order thereon:

" In General Assembly Nov. 7, 1798.

Read and nonconcurred. Attest, Saml- C. Crafts, Clk."

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, Entitled, " An act, to enable the Proprietors and land owners
of the Town of Jericho to divide their lauds into severalty," which had
passed in the house of Representatives, was sent up for revision and
concurrence or proposals of amendment, and the same being read, Re-
solved, That the Governor and Council do concur in passing the same,
with the proposals of amendment noted thereon.

The following Resolution was sent up from the house of Representa-
tives :

" In General Assembly Nov. 7, 1798.

Resolved, That the Engrossing Clerk be and he hereby is directed to
make up the Debenture of the Council and Assembly, this morning,
including this day, and present the same for acceptance, before this
house, at the opening thereof, at 2 O'clock afternoon; and that a Com-
mittee of one from each County be appointed to join a Committee from
Council to draw and pay over the same. Provided, that said Committee
shall not pay over such money, untill after the rising of the Council and
Assembly. Mess8- Robinson, Duncan, Curtis, Witherell, Peters, Chip-
man, Jones, Blanchard, and Danforth, were appointed a Come- to join
agreeably to the above resolution.

Attest, Saml- C. Crafts, Clerk."

The same being read, Resolved, That the Governor and Council do
concur, with the following amendment, viz. That after the word ''Assem-
bly," in the third line, erase the four lines below, and insert the follow-
ing words, " including the eighth day of November Inst, and present
the same for acceptance to the house at 9 o'clock tomorrow morning."
Resolved, further, that Mr- Spencer do join the aforesaid committee.

A bill, passed in the house of Representatives, Entitled, "An act
granting to Benjamin Bell of South-Hero, the exclusive right of keep-
ing a ferry from South-Hero to Cumberland-head in the State of New
York" was sent up for revision &c. and the same being read, Resolved,

14

210 Governor and Council — November 1798.

That the Governor and council do concur in passing said bill, with the
amendments noted thereon.

The following written message was received from the house:

" In General Assembly Nov. 7 1798.

The amendments proposed by the Governor and Council to the follow-
ing bills were concurred — viz. A bill, entitled, "An act to enable the
town of Jericho, to divide their lands into severalty " — The resolution
directing the Engrossing Clerk to make up the debentures &c. and ap-
pointing a Committee to draw upon the Treasurer, and pay over the de-
benture to the Members &c. Attest Saml- C. Crafts, Clerk.''''

A bill, passed in the house of Representatives, Entitled, ' An act to
enable the Proprietors of the town of Randolph in conjunction with the
landowners, to ratify, confirm and establish, part of the Proprietors' rec-
ords, therein mentioned," was sent up for revision &c. and being read,
Resolved, That the Governor and Council do recommend to the house
of Representatives, to refer said bill to the next session of the Legisla-
ture.

The following Bills, passed in the house of Representatives, were sent
up for revision & concurrence or proposals of amendment, viz. a An act
directing the Treasurer of this State to pay to Seth Storrs, auditor, the
sum therein mentioned," " An act suspending prosecutions against
Thomas Archibald for the term of five years," " An act directing the
Treasurer of the County of Orange to pay to Joseph Norton the sum
therein mentioned," " An act authorizing Joseph Churchill to sell the
real estate of Benjamin Dimick, deceased," " An act in addition to and
explanation of an act Entitled an act assessing a Tax of one cent on each
acre of land in this State, for the support of government during the
year 1797, and for other purposes," " An act laying a tax of one cent per
acre on the town of Stowe, for the purpose therein mentioned," and
" An act to prevent unnecessary law suits, and to regulate the taxing of
Costs in certain cases therein mentioned " — And the same being severally
read, Resolved, To concur with the house in passing the same into laws,
respectively. — Ordered, That the Secretary acquaint the house there-
with.

The Council adjourned to 9 O'clock Tomorrow morning.

Thursday, November 8th- 1798—9 o'clock A. M.

The Council met pursuant to adjournment.

Resolved, The house of Representatives concurring therein, that
there be added to the debentures of John Chipman Esquire, Sheriff,
fifty cents per day, above the sum allowed by law, making fourteen dol-
lars and fifty cents. — The above resolution was sent to the house of rep-
resentatives and returned concurred. A bill, passed in the house of
Representatives, Entitled, "An act making appropriations for the sup-
port of government, for the present Session, and from thence, untill the
session of the Assembly in October, one thousand, seven hundred and
ninety nine " — was sent up for revision &c. and the same being read —
Resolved, To concur in passing the same, with the amendments noted
thereon.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment — viz — " An
act appointing a Collector of a land tax in Stowe," *' An act allowing to
Abner Hawley seven dollars, for the services therein mentioned," " An
act granting relief in a certain case to the Proprietors of the town of
Westford, and declaring that Proprietors in certain cases shall pay the
supreme Court a reasonable compensation," and " An act in addition to
an act empowering the Collector of a land Tax in Fletcher passed Novr-

Governor and Council — November 1798.

211

8th, 1797."— The same being read. Resolved, To concur with the house in
passing the said bills respectively.

Mr Robinson moved for leave to bring in a bill Entitled " An act
directing the Sheriff of the County of Caledonia to collect the cent tax
on the °Town of Concord." Ordered, That he have leave— and the said
bill being read, Resolved, That the same do pass, and Ordered, That it
be sent down to the house for their concurrence and that Mr- Chamber-
lain carry down the said bill, and assign to the house the reasons for
passing the same.

The debenture of Council was read as follows and approved.

His Honor Paul Brigham U Gov
The Hbnble Win. Chamberlin Esq.

" Jonas Galusha "

" Luke Knoulton "

u Ebenezer Marvin a

11 Elijah Robinson "

" Cornelius Lynde "

" John Strong u

" Samuel Safford "

" Noah Smith "

" Abel Spencer "

" Timothy Todd "

" Stephen Jacob "

" Gideon Olin "

John White

" John Chipman Esq. "

Sheriff.
Richard Whitney Secretary
Truman Squier Esqr- late Sec^
To Abner Hawley for. wood and making fires
" Justus Bellamy for use of Stove &c.
" Additional sum to Mr Chipman

Amt- of

Days of |

Travel

Trav.

Attend

83

$9.96

29

82

9.84

29

97

11.64

29

108

12.96

29

72

8.64

29

91

10.92

29

62

7.44

29

14

1.68

29

106

12.72

28

104

12.48

19

52

6.24

27

88

10.56

29

92

10.92

29

96

11.52

2

44

5.68

2

18

2.16

29

120

14.40

29

81

9.72

4

aking 1

fires

Am't of

Attend' nee

116.

43.50

43.50

43.50

43.50

43.50

43.50

43.50

42.00

28.50

40.50

43.50

43.50

3.00

3.00

29.00
72.50
10.00

Whole
Amt.
$125.96
53.34
55.14
56.56
52.14
54.42
50.94
45.18
54.72
40.98
46.74
54.06
54.42
14.52
8.68

31.16
86.90
19.72
2.00
2.00
14.50

$924.08

The following message was received from the house :

" In General Assembly Nov. 8, 1798.

The house have concurred in the amendments proposed to the bill
making appropriations for the year 1798, by the Governor and Council,
also in passing the Bill, Entitled " An act directing the Sheriff of Cale-
donia County to collect the Cent Tax on the town of Concord."

Attest Saml- C. Crafts, Clk."

Mr- Robinson, from the house, appeared in Council, and delivered the
following message : The house have compleated the business before
them, and are now ready, if the business in Council is finished, to ad-
journ without day — and he withdrew.

Resolved, The house of Representatives concurring therein, that both
branches of the Legislature meet in the Representatives' room, immedi-
ately, for the purpose of adjourning the Legislature, without day.

The above resolution was sent to the house, returned concurred, and
the Governor and Council proceeded to the Representatives' room, and
after an appropriate prayer by the Chaplain, the General Assembly of
the State of Vermont was adjourned, sine die, and Proclamation thereof
made by John Chipman Esquire Sheriff of Addison County.

A true Journal. Attest [Richard Whitney,] Secy-

212 Governor and Council — March 1799.

RECORD OF THE GOVERNOR AND COUNCIL

AT

THE SPECIAL SESSION AT RUTLAND, MARCH 1799.

State of Vermont, ss.

A Journal of the Proceedings of the Governor and Council of the
State of Vermont, at a special Session begun and holden at the Court
House in Rutland, within and for said State, on Monday the fourth day
of March, in the year of our Lord, one thousand seven hundred and
ninety nine, pursuant to letters circular, issued by His Excellency the
Governor, requiring a meeting of the Council on said day at ten o'clock
A. M. — Present, His Excellency Isaac Tichenor Esquire Governor, His
Honor Paul Brigham Esqr- L* Governor, of the Council The Honble-
John Strong, Luke Knoulton, Elijah Robinson, Stephen Jacob, Samuel
Safford, Jonas Galusha, Timothy Todd, Abel Spencer, and Benjamin
Burt Esquires. Richard Whitney Secretary.

A Quorum having convened, Thomas Miller, a Deputy Sheriff of Rut-
land County, declared by Proclamation said Session duly opened.

His Excellency then addressed the Council in the following speech:

Gentlemen of the Council, — In consequence of a diversity of sentiment,
as to the extent, construction and import of the Twenty Sixth Section
of our Constitution, several of the judicial officers of this State, holding
subordinate offices, or rather appointments, under the laws of the United
States, have been induced to resign their offices under this State. Two
of the seats, on the bench of the County Court in the County of Addi-
son, have of course become vacant. Conceiving it the duty of the
Executive of this State, correspondent with the powers vested in it by
the Constitution, uniformly to adopt such measures as shall be calcu-
lated to preserve and secure the rights, privileges and immunities of
the Citizens thereof; and not only to prevent the delay, but promptly to
enforce the operation of our municipal laws; on which those rights,
privileges, and immunities are, in a great measure, predicated, — and,
upon the due and impartial execution of which they must, in an eminent
degree, depend : I have thought fit to convene you at this time and
place, for the purpose of filling the vacancies in the Judiciary depart-
ment in the county of Addison, and the office of Judge of Probate for
the district of Addison; the former Judge having made his resignation
for reasons before assigned.

Governor and Council — March 1799. 213

As the County Court of Addison County sits by law on this day, it is
of high importance that the vacancies should be immediately filled.

I lament that an occasion should have occurred to render it not only
expedient, but highly necessary, to call you together from your re-
spective families and friends at this inclement season of the year, and
on so short notice.

As the construction of the article in our Constitution, before alluded
to, cannot properly come before this board to be determined, I shall
forbear to offer my own opinion.

By a letter I some time since received from the Chief Justice of the
Windham County Court, I learn that the person appointed High-Bailiff
in said County positively declines qualifying as such. That office, of
course, to give full operation to our laws, ought to be rilled, but that
vacancy, till the resignations before mentioned, being the only one rep-
resented to me, I did not think it of sufficient importance, nor in fact my
duty, to convene you for the purpose of supplying it.

These are the principal Objects for which 1 have required your atten-
dance.— To such things and measures as shall be directed to the welfare
of the State, I shall, at all times, be happy to join with the Council.

4 March 1799. Isaac Tichenor.

The Council then took under consideration the speech of his Excel-
lency— when on motion Resolved, That they proceed to the Choice of a
Chief Judge of Addison County Court. The ballots being taken and
examined, the Honble John Strong Esquire was declared duly elected.

On motion, Resolved, To proceed to the Choice of a First Side or
Assistant Judge of Addison County Court. The Ballots being taken and
examined, the Honble Abel Thompson Esqr- was declared duly elected.

On motion, Resolved, To proceed to the choice of a High-Bailiff in
the County of Windham. The ballots being taken and examined, John
Morse Esquire was declared duly elected.

On motion, Resolved, That His Excellency the Governor be requested
to appoint Wednesday the 24th- day of April next, as a day of public
Fasting and Prayer throughout this State.

Resolved, That the Governor and Council do now proceed to the
choice of a Judge of Probate in the District of Addison. The ballots
being taken and examined, the Honble John Strong Esquire was declared
duly elected.

The Council adjourned to 8 O'clock Tomorrow morning.

Tuesday March 5th- 1799, 8 Oclock, A. M.

The Council met pursuant to adjournment.

In the absence of his Excellency, I> Governor Brigham in the Chair.

On motion of Mr Knoulton, Resolved, unanimously. That the Council
under existing circumstances, do highly approve the conduct of his Ex-
cellency in convening the Council at this time, for the purpose and for
the reasons contained in his address at the opening of the session on
the fourth instant.

Hiram Iforton Esquire, one of the Assistant Judges of County Court,
of Rutland County, personally appeared before the Governor and Coun-
cil, and resigned his office as such. Whereupon, on motion, Resolved,
That the Governor and Council do now proceed to fill the vacancy
occasioned by that resignation— The ballots being taken and examined,
the Honble Ebenezer Willson Esqr- was declared duly elected.

The debenture of Council was read and approved, as follows—

214

Governor and Council — March 1799.

His Honor Paul Brigham I>
The Honble John Strong

Luke Knoulton
Elijah Kobinson
Stephen Jaeob
Timothy Todd
Abel Spencer
Benjamin Burt
Samuel Safford
Jonas Galusha
Cornelius Lynde
Richard Whitney Secy-
Sheriff

Am't

Days of

Am't |

Travel.

Travel.

Attend.

Attend' nee

Gov.

50

$6.

2

$8.80

Esqr-

45

5.40

2

3.00

u

65

7.80

2

3.

u

45

5.40

2

3.

u

45

5.40

2

3.

a

2

.12

2

3.

u

12

.84

2

3.

u

50

6.

2

3.

a

60

7.20

2

3.

u

50

6.

2

3.

"

55

6.60

2

3.

75

9.

2

5.

1

.12

2

2.

Whole

Amt.

14.80
8.40

10.80
8.40
8.40
3.12
3.84
9.

10.20
9.00
9.60

14.
2.12

$110.88

The business of the Council being concluded, the Sheriff of Rutland
County, by proclamation, adjourned the Council without day.

A True Journal. Attest, [Richard Whitney,] Se&-

TWENTY-THIRD COUNCIL

OCTOBER 1799 TO OCTOBER 1800.

Isaac Tichenor, Bennington, Governor.
Paul Brigham, Norwich, Lieut Governor.

Councillors :

Samuel S afford, Bennington,
John Strong, Addison,
Luke Knoulton, Newfane,
Ebenezer Marvin, Franklin,
Elijah Robinson, Weathersfield,
Wm. Chamberlain, Peacham,

Stephen Jacob, Windsor,
Timothy Todd, Arlington,
Abel Spencer. Clarendon,
Solomon Miller, Williston,
Elisha Allis, Brookfield,
John Bridgman, Hinsdale,

[Vernon. ]^

Richard Whitney, Guilford, Secretary.
William Rice, Woodstock, Sheriff.

BIOGRAPHICAL NOTICES.

Solomon Miller was born in West Springfield, Mass., in 1761. He
entered the revolutionary army, and was in the battle of Bennington
and at the taking of Burgoyne. After the conclusion of the revolution-
ary war he removed to Wallingford, and from thence in 1786 to Willis-
ton, of which town he was clerk for many years. He was for fifteen
years clerk of Chittenden county, and for fourteen years Judge of Pro-
bate. He represented Williston in the General Assembly of 1797, and
was a Councillor from 1799 until 1803, in 1808, and 1813 and '14. He died
in 1847, in the 87th year of age.— Vt. Historical Magazine, Vol. I, p. 901;
and Deming's Catalogue.

1 Benjamin Burt of Westminster was elected by the people, but de-
clined the office, and on the 17th of Oct. Mr. Bridgman was elected to
fill the vacancy.

216 Biographical Notices.

Elisha Allts was graduated at Harvard University in 1767, after
which he resided in Hatfield and Williamsburgh, Mass., until Feb. 1791,
when he removed his family to Brookfield. He had spent the summers
of 1789 and 1790 in clearing a small farm and erecting buildings in that
town, making a homestead for the remainder of his life. He repre-
sented the town in the General Assembly in 1793, '95 until '99, and
1813 ; was Councillor 1799 until 1803 ; delegate in the Constitutional
Convention of 1793 ; and Assistant Judge of Orange County Court 1797
until 1802. He was a deacon in the congregational church for more
than thirty-five years, and "lived to a good old age, revered by a numer-
ous posterity, honored and respected by his neighbors and fellow cit-
izens. He died April 3, 1835, aged eighty-seven." — Vt. Historical
Magazine, Vol. n. p. 866 ; and Deming's Catalogue.

John Bridgman was appointed a justice of the peace for Cumber-
land County, by New York, April 14 1772; and from June until Novem-
ber 1776, he was a member of the Cumberland County Committee of
Safety. In Jan. 1781, the Convention at Charlestown, N. H., appointed
him one of a committee to wait upon the General Assembly of Vermont
and promote the scheme of uniting all the New Hampshire Grants, weit
of the Mason line, under one government; in the following March he
was elected an Assistant Judge and Justice of the Peace for Windham
County; and in October of that year he was a member of the Vermont
Assembly, which office he also filled in 1784, '86, '94, and '96. He held
the office of Assistant Judge of Windham County Court from 1781 until
1796, with the exception of the year 1783; and he was Chief Judge from
1796 until 1801. He was also Judge of Probate 1789 until 1803; Coun-
cillor in 1799; and Elector of President and Vice President in 1796. — B.
H. Hall's Eastern Vermont; Deming's Catalogue; and Vols. I, ii, and hi
of the Governor and Council.

Governor and Council —October 1799. 217

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT WINDSOR,

OCT. 1799.

Windsor, Thursday October 10th- 1799. >
State of Vermont, ss. \

A Journal of the Proceedings of the Governor and Council of the
State of Vermont, at their stated Session, begun and holden at Windsor,
within and for said State, on the second Thursday of October, being the
tenth day of said Month, in the year of our Lord, one Thousand Seven
hundred and ninety-nine — pursuant to the Constitution and Laws of
this State — Present, His Excellency Isaac Tichenor Esquire, Governor,
His Honor Paul Brigham Esq1"- LiW- Governor, of the Council The
Honble- William Chamberlain, Jonas Galusha, Stephen Jacob, Luke
Knoulton, Ebenezer Marvin, Elijah Robinson, John Strong, Samuel
Safford, Abel Spencer, and Timothy Todd Esquires. Richard Whitney,
Secretary. William Rice Esquire, Sheriff of the County of Windsor.

The following resolution was sent up irom the house of Represen-
tatives:

" In General Assembly Oct 10th- 1799.

On motion, Resolved, That a Committee consisting of two Members
from each County be appointed to receive, sort, and count the Votes for
Governor, L* Governor, Treasurer, and Councillors for the year ensuing,
to join a Committtee for that purpose from the Council. Members
Chosen, Mess's Robinson, Olin, Blake, Cutler, Williams, Witherell, Cur-
tiss, J. Marsh, Chipman, A. Marsh, Johnson, Taplin, E. Keyes, Bliss,
Beardsley, Blanchard, Sheldon, and F. Davis.

Attest, Saml. C. Crafts, Clerk."

With the following certificate endorsed thereon — viz.

" In General Assembly, Oct, 10th 1799.

I hereby certify, that the Committee appointed by the house have
been sworn to the faithful performance of their duty — by me, Saml- C.
Crafts, Clk."

The said resolution and certificate thereon being read, on motion, Re-
solved, That a Committee of five members be appointed on the part of
the Council to join the Committee appointed on the part of the house
of Representatives. Members Chosen — Mess's Robinson, Marvin,
Strong, Knoulton and Todd.

The members on the part of the Council personally appearing, were
severally and duly sworn to the faithful discharge of their trust, before
the Governor and Council, by the Secretary.

Adjourned to 5 O'clock P. M.x

^ From SpoonerJs Vermont Journal of Oct. 15 1799:

On Thursday last the General Assembly of this state convened in this
town; at 2 o'clock P. M. the Governor and Council, a number of the
Members of the House, and a large concourse of people assembled at
the new Meeting-House, where a well adapted discourse was delivered
by the Rev. William Forsyth, from Job iii. 17, 18, 19. All the exercises
of the day were conducted without parade or unnecessary expence.

218 G-overnor and Council — October 1799.

5 O'clock P. M.

Mr- Amos Marsh, a member of the house of Representatives, appeared
in Council, and delivered the following message, viz.

" May it please your Excellency, — I am directed by the house of Kep-
resentatives, to acquaint your Excellency and the hon'ble Council that
the Committee, appointed by the concurrent resolution of both houses
to receive, sort and count the votes for Governor, I> Governor, Treas-
urer and Councillors, for the year ensuing, are now ready to make a
partial report, and therefore request the Governor and Council to meet
the house of Representatives, in the Representatives' room to hear the
same." And he withdrew. Whereupon Resolved, That the Governor
and Council proceed immediately to the house of Representatives.

The Governor and Council accordingly joined the house, agreeably to
the foregoing message and resolve, when the following report was handed
in by the Chairman of said Committee, viz.

" To the Honble- the General Assembly, now sitting — Your Committee
appointed to receive, sort and count the votes for Governor, I> Gov-
ernor, Treasurer and Councillors, report. That his Excellency Isaac
Tichenor Esq1-- is elected Governor — his Honor Paul Brigham Esqr- JJ-
Governor — Samuel Mattocks Esqr- Treasurer — That the votes for Coun-
cillors are not yet counted, and that your Committee have adjourned, for
the purpose of accomplishing the business committed to them, till nine
o'clock tomorrow morning. John Strong, Chairman.

Oct. 10, 1799."

The said report being read, William Rice Esquire, Sheriff of the
County of Windsor, by proclamation declared said officers severally
and duly elected to their respective offices by the suffrages of the
Ereemen.

The Governor and Council then returned to their Chamber, and ad-
journed to 9 o'clock Tomorrow morning.

Friday October 11th- 1799, 9 o'clock A. M.

The Council met pursuant to adjournment, His Honor the L*- Gov-
ernor in the Chair.

Mr- Elnathan Keyes, member of the house of Representatives, ap-
peared in the council chamber, and delivered this message:

" Mr Chairman— I am directed by the house of representatives to
acquaint the Council that the committee, appointed to receive, sort and
count the votes for Governor, I> Governor, Treasurer and Councillors,
for the year ensuing, are ready at this time to c/>mpleat their report, and
therefore request the Governor and Council to meet the house of Rep-
resentatives, in their room, to hear the report."

And he withdrew — whereupon, Resolved, that the Governor and
Council proceed, immediately, to the representatives' room.

The Governor and Council, accordingly, joined the house of Repre-
sentatives, agreeably to the foregoing message and resolve thereon, —
when the following additional report was handed in [by] the Chairman
of said Committee:

" Your Committee further report, That, The Hon'ble Samuel Safford,
William Chamberlain, Stephen Jacob, Ebenezer Marvin, John Strong,
Luke Knoulton, Elijah Robinson, Benjamin Burt, Timothy Todd, Abel
Spencer, Solomon Miller, and Elisha Allis, Esquires, are elected Coun-
cillors. John Strong, Chairman."

The same being read, William Rice Esquire, Sheriff of Windsor
County, by open proclamation, declared said officers duly elected.

The Governor and Council then returned to their Chamber.

Governor and Council — October 1799. 219

On motion, Resolved, That a letter similar to the following draft be
addressed and forwarded, as soon as may be, to the new members of
Council by the Secretary — viz.

" State of Vermont,
In Council Chamber at Windsor, Oct. 11th- 1799.
To the Hon1- A. B. Esq.

Sir — By the report of the Committee, appointed by the Council and
house of Representatives to receive, sort and count the votes for Gov-
ernor, I> Governor, Treasurer, and Councillors for the year ensuing, I
have the honor to acquaint and notify you, that you have been de-
clared duly elected a Councillor, by the suffrages of the Freeman — These
are therefore to require your attendance, in the Council Chamber, at
Windsor, as soon as the situation of your affairs, under this short notice,
will justify it. Under the directions of his Excellency and the Hon'ble
Council present, I have the honor to be, with high Esteem, your Ob1-
and very humble servant, Richd Whitney,

Se&' to the Govr- and Council."

The hon'le- Solomon Miller Esquire, member of Council, appeared in
the Council Chamber, and after taking the necessary oaths, was duly
admitted to his seat.

The Council adjourned to 9 o'clock Tomorrow morning.

Saturday October 12, 1799, 9 o'clock A. M.

The Council met pursuant to adjournment. His Excellency the Gov-
ernor, attended by the hon'ble Council, proceeded to the Representatives'
Room, and having signified his acceptance of the office of Governor in
and over the State of Vermont for the year ensuing, and taken the nec-
essary Oaths of office, delivered the following address to both branches
of the Legislature. k

The Governor and Council returned to their Chamber, and com-
menced the consideration of business.

The following application and request of the Executive of the Com-
monwealth of Massachusetts was laid before the Council by his Excel-
lency, viz.

"To his Excellency Isaac Tichenor Esquire, Governor of the State of
Vermont.

[Seal.] > The undersigned Lieutenant Governor and Com-
Moses Gill. } mander in Chief of the Commonwealth of Massachusetts
has the honor to inform his Excellency the Governor of Vermont, that
it appearing by the annexed authenticated copy of an Indictment against
Peter Gilson, of Pepperel, in the County of Middlesex and Common-
wealth of Massachusetts, that he is charged with the crime of forgery,
and it being represented to the Attorney General of the Commonwealth,
that he has fled from justice, and is now residing in Hartland, or some
other town in the State of Vermont : and the Executive of the said
Commonwealth, according to the provision of the Constitution of the
United States, requests the Executive of the said State of Vermont
to cause the said Peter Gilson to be apprehended, and to be delivered
over to Simon Earned Esquire, Sheriff of the County of Berkshire, in
the said Commonwealth, that he may be brought to justice.

In testimony whereof, the said L{- Governor has caused the public seal
of said Commonwealth to be affixed hereto the sixth day of September
A. D. 1799.

By his Excellency's command. John Avery Secy-"

1 For this speech, see Appendix J.

220 Governor and Council — October 1799.

The same being read and considered, on motion, Resolved, That his
Honor the I> Governor be requested to return the application and
request to the person who brought the same forward, [and] acquaint him,
that the present existing laws of this State are amply competent to
secure the object contemplated thereby, and, further, that his honor
recommend the person to proper council and advice.

His Excellency, from indisposition, not being able to attend Council,
His Honor the L1- Governor in the Chair. Mr- Todd, member of Coun-
cil, appeared, and after taking the necessary oaths, was admitted to a
seat.

On motion of M1- Spencer, Resolved, That Mess'8 Spencer, Todd, and
Jacob, be a committee to draught and report rules for the regulation of
Council for the year ensuing.

A Petition of the Selectmen of Poultney, was sent up from the house
of Representatives, with the following entry made thereon:

" In General Assembly, Oct. 12th- 1799.
Read and Referred to Mess8- Chipman, Burton, and Burt to join a
Committee from Council to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said Petition, with the proceedings of the house thereon, being
read, Resolved, That Mess8- Chamberlain and Jacob do join the Com-
mittee aforesd-

A Petition, signed by a number of Persons, praying that certain pro-
prietors of a Dam may be compelled to draw off the waters of Tinmouth
Pond, was sent up from the house of representatives, with the following
entry made thereon:

" In General Assembly, Oct. 12th- 1799.
Read and referred to Mess8- Elias Keyes, Chipman, & Witherell, to
join Committee from Council to state facts and make report.

Attest, Saml- C. Crafts, Clerk."

The said Petition, with the proceedings of the house thereon, being
read, on motion, Resolved, That Mr- Knoulton and Mr- Marvin do join
the aforesaid Committee.

Petitions, signed by Reuben Hatch, and the Selectmen of Chelsea,
praying for a land Tax on Chelsea, were sent up from the house of rep-
resentatives, with the following order made thereon:

" In General Assembly, Oct. 12, 1799.
The inclosed were read, and referred to Mess8- Olin, Duncan, Harring-
ton, Z. Curtis, J. Pond, Swift, Hay, Bean and Sheldon, to join a Com-
mittee from Council, to be styled the First Land Tax Committee, to
state facts and make report. Attest, Saml- C. Crafts, Clerk."

The said Petitions with the proceedings of the house thereon being
read, Resolved, That Mr- Robinson do join the aforesaid Committee.

A Petition of Joel Woodworth, praying for an act of suspension of
arrest on civil process, was sent up from the house of representatives,
with the following entry made thereon:

" In General Assembly, 12 Oct. 1799.
Read and referred to Mess8- Ormsby, Allen, Ward, Strong, Linsly,
Walker, Rood, Roberts and F. Davis, to join a Committee from Council.

Attest, Saml- C. Crafts, Clerks
The said Petition, and the proceedings of the house thereon being
read, Resolved, That Mess8- Strong and Safford do join the aforesaid
Committee.

A Petition of the Trustees of Addison County Grammar School, pray-
ing that a College may be established at Middlebury, in said County,
and a Charter of incorporation granted accordingly, was sent up from
the house of representatives, with the following entry made thereon:

Governor and Council — October 1799. 221

" In General Assembly, Oct. 12, 1799.

Read and Referred to Mess8. Olin, Hunt, Hammond, Z. Curtis, John-
son, Beardsley, and Sheldon, to join Committee from Council, to state
facts &c. Attest, Saml- C. Crafts, Glk."

The said petition, with the proceedings of the house thereon, being
read, on motion, Resolved, That Mess8- Spencer and Brigham join the
aforesaid Committee.

A petition from General Eli Coggswell, and other Military officers,
praying that provision may be made by the legislature for arming and
equipping the Militia of this State, was sent up from the house of rep-
resentatives, with the following entry made thereon — viz.

" In General Assembly, Oct. 12, '99.

Read and referred to Mess. Wright, Henry, Hammond, Stevens, J.
Pond, Walker, Barnes, P. Davis, & Danforth, to join Committee from
Council to state facts &c. Attest Saml- C. Crafts, Clerk.11

The said Petition, with the proceedings of the house thereon being
read, Resolved, That Mess8- Todd and Miller do join the aforesaid Com-
mittee.

The Council adjourned until 10 O'clock Monday morning.

Monday October 14th- 1799, 10 O'clock A. M.

The Council met pursuant to adjournment.

A Petition, signed by a Committee, on behalf of the town of Andover,
praying for a division of said Town, was sent up from the house of Rep-
resentatives, with the following entry made thereon:

"In General Assembly, Oct. 12, 1799.

Read and referred to Messs- Bottom, Ward and Lyon to join Commit-
tee from Council, to state facts &c.

Attest Saml- C. Crafts, Clerk.''''

The said Petition, with the proceedings of the house thereon, being
read, Resolved, That Mr- Chamberlain do join the aforesaid Committee.

A Petition, praying for the appointment of a new Collector in Bruns-
wick, in the room of Philip Grapes, deceased, was sent up from the
house of Representatives, with the following entry made thereon:

" In General Assembly, Oct, 14, 1799.

Read and referred to Mess8- Stanton, Blake and Robinson, to join,
state facts &c. Attest Saml- C. Crafts, Clerk.''''

The said petition, with the proceedings of the house thereon, being
read, Resolved, That Mr- Jacob do join the aforesaid Committee.

A petition from the Inhabitants of Westford, and a petition of the
proprietors of Cabot, each petition praying for a land tax, were received
from the house of representatives, with the following or a similar order
on each:

u In General Assembly, Oct. 12, '99.

Read and referred to the first land Tax Committee to state facts &c.

Attest, Saml- c. Crafts, Clerk."

The said petitions, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur in the orders of the house
made thereon respectively.

A petition, from the inhabitants of Bakersfield, was sent up from the
house of Representatives, praying for a land tax with the following
order made thereon, viz.

" In General Assembly, Oct. 14th- '99.

Read and referred to the First land tax committee to join, state facts
&c. Attest, Saml- C. Crafts, Clerk."

222 Governor and Council — October 1799.

The said petition, with the order of the house thereon, being read,
Resolved, That the Council do concur in the order of the house made
thereon.

A Petition from Thomas Leverett of Windsor, praying that an act of
Insolvency may be passed in his favor, and a petition from Joseph Cald-
well of Middle'bury, praying that his person and property may be freed
from arrest by civil process, were sent up from the house of representa-
tives with the following, or a similar order on each, viz.

" In General Assembly, Oct. 14, 1799.

Read and referred to the Committee on the Petition of Joel Wood-
worth to join, to state facts &c. Attest Saml- C. Crafts, Clerk:1

The said Petitions, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur in the orders of the house
made thereon respectively.

A petition, signed by a number of persons, praying for the removal
of a Dam across the river Otter-Creek, at the falls in Vergennes, was
sent up from the house of Representatives, with the following entry
made thereon:

" In General Assembly, Ocf- 12, 1799.

Read and referred to the Committee on the petition from Tinmouth to
join, state facts &c. Attest Saml- C. Crafts, Clerk:1

The said petition, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur in the proceedings of the
house thereon.

The following resolution, passed in the house of representatives, was
sent up to the Council:

" In General Assembly, Oct. 14, 1799.

On motion of Mr Keyes, Resolved, That his Excellency the Governor
and Council be requested to meet the house of Representatives in Grand
Committee, at the opening of the house this afternoon, for the purpose
of electing the Judges of the Supreme Court of Judicature — Also to ap-
point a time for making the County nominations. Extract from the
Journals. Attest, Saml- C. Crafts, Clerk."

The said resolution being read and considered, Resolved, That the
Governor and Council do concur therein, and Ordered, That the Sec-
retary acquaint the house therewith.

A petition, praying for a land Tax of three Cents per acre on the
lands in the townships of Waterbury and Moretown, together with a
remonstrance against the prayer of said petition, were sent up from the
house of representatives, with the following entry made thereon:

u In General Assembly, Oct. 14th- 1799.

The within petition and remonstrance accompanying were read and
referred to the first land tax Committee.

Attest Saml- C. Crafts, Clk.11

The said petition and remonstrance, with the proceedings of the house
thereon, being read, on motion, Resolved, That the Council do concur
in the order of the house made thereon, with the addition of Mr- Spen-
cer to said Committee on the part of Council.

The petition of Nathan Manly, of Bridport, in the County of Addison,
praying for an act of insolvency, was sent up from the house of repre-
sentatives with the following entry made thereon:

" In General Assembly, Oct. 14, 1799.

Read and referred to the Committee appointed on the petition of Joel
Woodworth, to join, state facts &c.

Attest, Saml- C. Crafts, Clerk:1

Governor and Council — October 1799. 223

The said petition, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur in the order of the house
thereon.

A petition, praying for a Land Tax, in the Town of Winhall, was sent
up from the house of representatives with the following entry made
thereon :

" In General Assembly, Oct. 14th- 1799.

Read and referred to the first land Tax Committee, to join, to state
facts &c. Attest, Samuel C. Crafts, Clerk."

The said petition, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur in the order of the house
thereon.

Adjourned untill 2 O'clock P. M.

2 O'CLOCK P. M.

The Governor and Council proceeded to the house of representatives,
and joined them for the purpose expressed in the concurrent resolution
of both houses this morning.

The Governor and Council returned and took their seats.

A Petition, praying for a land tax on Avery's Gore, in the County of
Franklin, was sent up from the house of representatives, with the follow-
ing entry made thereon:

" In General Assembly, Oct. 14, 1799.

Read and referred to Messs- Shumway, Henry, Ward, Burr, H. Olin,
S. Smith, Bliss, Strong and Hubbard, to be denominated the second
land tax committee, to join from Council, to state facts &c.

Attest Saml- C. Crafts, Clerk."

The said petition, with the proceedings of the house on the same, being
read — Resolved, That the Council do concur therein, and that Mr- Miller
be the Committee on the part of Council.

The Council adjourned untill 9 O'clock tomorrow morning.

Tuesday, October 15th- 1799, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council proceeded to the Representatives' room,
and join'd them for the purpose of receiving the County nominations,
and making the appointments of the officers in the different Counties in
this State.

The Governor and Council returned to their chamber and adjourned
untill 2 O'clock in the afternoon.

2 O'CLOCK P. M.

The subject of the application of the Executive authority of Massa-
chusetts, was resumed, and before coming to any resolution on said busi-
ness, the Council adjourned untill 9 o'clock tomorrow morning.

Wednesday, October 16th- 1799, 9 o'clock A. M.

The Council met pursuant to adjournment.

Mr- Spencer, from the Committee appointed to draught and report
rules for the regulation of the Council, reported as follows:

" To the Honorable the Council,— Your Committee, appointed to pre-
pare and report rules for the Council, have attended to that duty, and
report the following. Abel Spencer for Come>

Windsor Oct. 16, 1799.

1st- The Council shall meet every morning at the ringing of the bell
in the Council Chamber, and punctually attend prayers.

^

224 Governor and Council — October 1799.

2nd. jjis Excellency shall decide all questions of order, or the Lieuten-
ant Governor in the absence of his Excellency, unless the same be sub-
mitted to the Council by the member called to order.

3rd- All nominations shall be made by his Excellency, and in his ab-
sence by the Lieutenant Governor, unless otherways specially directed.

4th- No member of Council, in the minority of any vote or resolution
determined, shall move for a reconsideration thereof.

5th' No member shall call for the Yeas and Nays, on any vote or reso-
lution, after the same has been declared a vote from the Chair.

6th- Every motion shall be reduced to writing, if it be requested from
the Chair or by any member.

7th- No member of Council shall speak more than twice to the same
question, without leave first obtained from the Council."

The said report being read, Ordered that it lie on the table for consid-
eration.

On motion, Resolved. The house of Representatives concurring there-
in, That the house of Representatives meet the Governor and Council,
in the representatives' room, at the opening of the house tomorrow
afternoon, for the purpose of electing a Brigadier General of the second
Brigade in the fourth division of the Militia of this State, in the room of
Brigadier General Cornelius Lynde, whose resignation has been ac-
cepted by his Excellency. Ordered, That the Secretary carry the above
resolution to the house.

Mr- Marvin stated to the Council, that Mr- Knoulton, yesterday after-
noon, received the melancholy intelligence that his eldest son was dan-
gerously sick, and as the Council had adjourned untill 2 o'clock this
afternoon, had left town without first obtaining permission from Council,
and hoped he should be secured from a charge of any want of respect,
under the particular circumstances which urged his departure ; where-
upon, Resolved, That Mr Knoulton have liberty of absence, and that the
same be entered on the Journals.

On motion of Mr- Strong, Resolved, that Mr- Brigham be a Committee
on the part of Council, to supply the place of Mr Knoulton, on all peti-
tions, and for all purposes, for which Mr- Knoulton was chosen, previous
to his having obtained leave of absence.

His Excellency the Governor laid before the Council the following
letter from the Honle Benjamin Burt Esqr- viz.

"To his Excellency the Governor and the hon'ble the members of
the Council, Gentlemen,— Sensible, as I am, of the honor conferred on
me in an election to a seat in your honorable body, by the suffrages of a
respectable portion of my fellow Citizens— at an earlier period of my life,
I should have embraced the election with pleasure. Advanced, as I now
am, I think it my duty to decline taking a seat. Wishing your Excel-
lency and Honors much harmony and unanimity in all your delibera-
tions, I subscribe myself your Very humble Servant.

Oct1- 16th- 1799. Benja Burt.

A Petition, from a number of subscribers, styling themselves United
Baptists, praying to be incorporated into a Society, with powers to pur-
chase and transfer real property, and make bye laws not incompatible with
the Constitution and Laws of this State, was sent up from the house of
representatives, with the following entry made thereon:

'• In General Assembly Oct. 16, 1799.

Read and referred to Mess8- Ward, Whitney, J. Smith, Hay and Lyon,
to join a Committee from Council to state facts &c.

Atl, Saml c. Crafts, Glk."

The said Petitions, with the proceedings of the house thereon, being
read, Resolved, That Mess8- Todd and Chamberlin do join the aforesaid
Committee.

Governor and Council — October 1799. 225

A Petition praying for a land-tax on the town of Hardwick, and a
petition, praying for a land-tax on the town of Bromley, were sent up
from the house of representatives, with the following order on each:

u In General Assembly, Oct. 16, 1799.

Read and referred to the second land-tax Committee, to state facts,
and make report. Attest Saml- C. Crafts, Clerk."

The said petition, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur in the orders made by the
house on each petition respectively.

On Motion, Resolved, That the application, from the Executive Au-
thority of the Commonwealth of Massachusetts, relative to delivering up
Peter Gilson, a fugitive from Justice, be referred to a Committee of
three to report thereon. Members chosen, Mess8- Jacob, Spencer and
Todd.

The Council adjourned until 9 o'clock Tomorrow morning.

Thursday, October 17, 1799, 9 o'clock A. M.

The Council met pursuant to adjournment.

On motion, Resolved, The house of Representatives concurring
therein, that the house of Representatives meet the Governor and Coun-
cil, in the representatives' room, at the opening of the house this after-
noon, for the purpose of electing a Councillor, to supply the vacancy
occasioned by the resignation of the Hon'ble Benjamin Burt Esqr*
Ordered, That the Secretary carry the above resolution to the house.

A petition, praying for a land-tax in Greensboro', A Petition from
Jonathan Janes, agent for the proprietors of Richford, praying for a tax
of two cents per acre on all the lands in said town, public rights ex-
cepted, and A Petition, praying for a tax of two cents per acre on all the
lands in the town of Starksboro', were sent up from the house of repre-
sentatives, with the following entry made on each :

" In General Assembly Oct. 16, '99.

Read and referred to the second land-tax Committee, to state facts &c.

Attest Saml- C. Crafts, Clerk:'

The said petitions, with the proceedings of the house thereon, being
read, Resolved, That the council do concur in the orders made thereon
respectively.

A petition, praying for a tax of three cents, on all the lands in Shef-
field and Barton, and a tax of two cents, on all the lands in Browning-
ton and Salem, and a tax of one cent and an half, on all the lands in
Derby, except the public lands in said towns, for the purpose of making
a particular road, was sent up from the house of Representatives, with
the following order thereon:

" In General Assembly Oct. 17, '99.

Read and referred to Mess8- Hinman, Hathaway and Storrs to join a
Committee from Council, to be styled the Third lani-tax Committee, to
state facts. Attest Saml- C. Crafts, Clk."

The said petition, with the proceedings of the house thereon, being
read, Resolved, That Mr- Jacob do join the aforesaid Committee.

A petition, praying for a tax of two cents on the acre, on all the lands
in the township of Morristown, public rights excepted, and A petition
from Tho8- H. Parker, praying for a tax of one cent per acre, on Kelly-
vale, for the purpose of cutting a certain road through said town, were
sent up, from the house of Representatives, with the following or a sim-
ilar entry, made on each:

15

226 Governor and Council — October 1799.

" In General Assembly, Oct. 17, 1799.

Read and referred to the third land tax Committee, to state facts &c.
, Attest, Samuel C. Crafts, Clk."

The said Petitions, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur therein.

A Petition, signed by a large number of the inhabitants of Orwell,
Sudbury and Hubbarton, praying that certain dams, at the outlet of
certain ponds, may be reduced, so as to draw down the waters of said
Ponds to their natural surface from the tenth day of May to the first day
of November, annually, was sent up from the house of Representatives,
with the following entry made thereon:

»'In General Assembly Oct. 16th- '99.

Read and referred to the Committee appointed on the petition of the
inhabitants of Tinmouth, to join, state facts &c.

Attest Saml- C. Crafts, Clerk."

The said petition, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur in the order of the house
thereon.

The resolutions sent to the house of Representatives, by the Secre-
tary, relative to the appointment of a Brigadier General and a Council-
lor, were returned severally concurred.

The report of the Committee, appointed to draught and report rules
for the regulations of the proceedings in Council, was again read, [and,]
on motion, Resolved, That the said report be accepted, and that the
rules therein contained become the rules for the regulation of Council.

Mr- Jacob, from the Committee appointed on the application of the
executive authority of the Commonwealth of Massachusetts, reported as
follows :

u To the hon'c- the Council, now sitting, — Your Committee, appointed
on the application of the executive authority of Massachusetts, relative
to delivering up Peter Gilson, a fugitive from Justice, report the accom-
panying resolutions. Stephen Jacob, for Come-
Windsor 17 Oct. 1799.

Resolved, That the resolution, passed on the 12 Ins*- upon the appli-
cation and request laid before this Council by his Excellency the Gov-
ernor of this State, from the Executive authority of the Commonwealth
of Massachusetts, be, and the same is hereby reconsidered.

Resolved, That this council do advise his Excellency Isaac Tichenor
Esquire, Governor and commander in chief, in and over the State of
Vermont, to cause the said Peter Gilson, designated in said application,
to be arrested, and to be secured, in some good and sufficient Goal,
within some county within this State, that he may be delivered over to
such agent, as is or shall be duly qualified and empowered by the said
executive authority of the Commonwealth of Massachusetts, that he
may be brought to justice: And in case no such agent shall appear to
receive the said Peter Gilson, that directions be given that the said
Peter be discharged, agreeably to the laws of the United States.

Resolved further, that his Excellency do, immediately, issue his war-
rant and precept for the arrest and securing the person of the said Peter
Gilson, under the seal of the State of Vermont, in the form following,
to wit —

Here followed the form of a warrant for this particular case, and a reso-
lution requiring the same form to be used in future. — See Appendix G.

The above report being read was accepted, and Ordered, That it be
entered on the Journals ot Council.
Adjourned to 2 O'clock P. M.

Governor and Council — October 1799. 227

2 O'clock P. M.

On motion, Resolved, That the Governor and Council do now repair
to the house of Representatives' room, to meet in joint Committee,
agreeably to the concurrent resolution of both branches, for the purpose
of Electing a Brigadier General in the second Brigade in the fourth
division of the Militia of this State, and also a Councillor for the year
ensuing.

Having joined the house of Representatives, The ballots being taken
for a Brigadier General, and examined, Col0 Parley Davis was declared
duly elected. The ballots being taken for a Councillor for the year en-
suing and examined, The Hon*le- John Bridgman Esquire was declared
duly elected.

On motion, Resolved, That the Governor and Council and house of
Representatives at this time meet in joint Committee, for the purpose
of electing an auditor of accounts against the State, and a Surveyor Gen-
eral, for the year ensuing. The ballots being taken for an auditor of ac-
counts against this State and examined, Seth Storrs Esquire was declared
duly elected. The ballots being taken for a Surveyor-General & exam-
ined, James Whitelaw Esqr- was declared duly elected. The Committee
having dissolved, the Governor and Council returned to their Council
chamber.

His Excellency the Governor laid before the lion1- Council the official
correspondence between him and his Excellency Robert Prescott Es-
quire, Governor of the Province of Lower Canada, relative to the death
of John Gregg, whose death is suggested to have been occasioned thro'
the violence of one James Allen of Franklin County, in the State of
Vermont, with others, and against whom Bills of Indictment had been
found by the grand inquest of said Province, with the measures adopted
by his Excellency the Governor of this State, in consequence of said
correspondence, and the said bill being found. The said correspondence
being read and considered, on motion of Mr- Todd, Resolved/ That the
Council do highly approve the measures, adopted by his Excellency, for
the adjustment and happy termination of the aforesaid unfortunate oc-
currence— and do advise his Excellency to lay the same correspondence
before the house of Representatives, for their information and consid-
eration.1

A Petition of Theo8 W. Fitch, one of the Selectmen of Hyde Park, in
the County of Franklin, praying for a tax of two cents, on each acre of
land in said town, public lands excepted, and for the appointment of a
certain committee and collector therein named ; A Remonstrance of
John MeDaniels and Timothy Hastings two of the Selectmen of Hyde-
Park in the County of Franklin, against the appointment of a certain
Committee aud Collector to superintend the expenditure of a certain
land tax, and A remonstrance from a number of the Inhabitants and
landowners in Morristown, in the County of Franklin, against a petition
preferred for the purpose of obtaining a grant of a tax to build a bridge
over the river La Moile, in said Morristown, and praying for the revival
of an act assessing a tax of one cent on each acre of land in said Morris-
town, for the purpose of making and repairing roads and building
Bridges in said Town, were sent up from the house of representatives,
with the following, or similar entry made on each :

u In General Assembly Oct. 17, 1799.

Read and referred to the third land-Tax Committee, to state facts &c.

Attest Sam1" C. Ckafts, OZerfc."

The said petition and remonstrances, with the proceedings of the

1 See Appendix J.

228 Governor and Council — October 1799.

house thereon, being read, Resolved, That the Council do concur in the
orders of the house thereon respectively.

A petition of a large number of the Inhabitants of Woodstock, stating
that writs of ejectment have been brought against a considerable
number of them, for the lands on which they are now settled, by Asa
Porter, a Citizen of New Hampshire, as administrator on the Estate of
Charles Ward Apthorp, deceased, by virtue of whose right he claims,
which lands they purchased of, and hold deeds from, Ebenezer Curtiss
Esquire, one of the Commissioners for the sale of confiscated Estates,
and praying for the interference of the legislature in some way or other
in the premises, was sent up from the house of representatives with the
following entry made thereon :

" In General Assembly, Octr- 17th- 1799.

Read and referred to Mess8 Wait, Williams, Cutler, G. Olin and Cur-
tiss, to join a Committee from Council, to state facts &c.

Attest Saml- C. Crafts, Clerk."

The said petition, with the proceedings of the house thereon being
read, Resolved That Messs Marvin and Miller do join the aforesaid Com-
mittee appointed by the house.

The following resolution was received from the house of represen-
tatives :

" In General Assembly Octr- 14th- 1799.

On motion Resolved, That his Excellency the Governor and Council
be requested to meet the house of Representatives in the representa-
tives' room, on Monday next, at the opening of the house in the after-
noon, for the purpose of taking under consideration the resolutions of
Virginia and Kentucky.

Extract from the Journals, Attest, Saml- C. Crafts, Clerk."

The said resolution being read, Resolved, That the Governor and
Council concur therein.

The Council adjourned untill 9 O'Clock Tomorrow morning.

Friday, October 18th- 1799, 9 O'Clock A. M.

The Council met pursuant to adjournment.

The lion'1 Elisha Allis appeared in Council, and after taking the nec-
essary oaths was admitted to a seat.

Ordered, That the Secretary write to the hon'ble John Bridgman
Esquire, notifying him of his election, as a Councillor, to supply the va-
cancy occasioned by the resignation of hon'ble Benja- Burt Esquire.

The hon'ble Enoch Woodbridge, Chief Justice of the Supreme Court
of Judicature, and Noah Smith, assistant Judge of said Court, appeared
before the Council, and were severally and duly sworn to the faithful
discharge of their said offices, as the law directs, by his Honor the L{-
Governor.

The following resolution was sent up from the house of Representatives:

" In General Assembly Oct. 17, 1779.

On motion, Resolved, that it be the duty of the several land tax Com-
mittees, when they report in favor of any petition, praying for a land
tax on any town or gore of land, to report to this house what sums have
heretofore been laid on such town or gore of land, by the Legislature,
for the purpose of making roads, building Bridges, &c. in such town or
gore.

Extract from the Journals, Attest, Saml- C. Crafts, Clerk."

The said resolution being read, Resolved, That the Council do concur
therein.

Governor and Council — October 1799. 229

A Petition of the inhabitants, land-owners and proprietors of Middle-
sex, in the County of Chittenden, praying for a tax of one and an half cents
on all the lands in said town, public lands excepted, for the purpose of
making and repairing roads and building bridges — and a petition of
Nath1- P. Sawyer and John McConnel, praying that a tax of two cents
per acre be granted on all the lands in Duncansboro', public lands
excepted, for the purpose of making roads &c. were sent up from the
house of Representatives, with the following or a similar entry on each.

"In General Assembly Oct. 18, 1799.

Read and referred to the third land tax Committee, to state facts &c.

Attest, Sam1- C. Crafts, Clerk."

The said petitions, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur therein respectively.

A petition of Roswell Hopkins, praying that he and his associates may
be empowered to erect a toll bridge over the River Otter-Creek, so
called, in the City of Vergennes, under certain regulations, was sent up
from the house of representatives with the following entry made thereon:

"In General Assembly Oct. 18, 1799.

Read and referred to Mess8- Stanton, Witherell and P. Davis, to join
a Committee from Council, to report by bill or otherways.

Attest Saml- C. Crafts, Clerk:1

The said petition, with the proceedings of the house thereon, being
read, Resolved, That Mr Strong do join the aforesaid Committee.

The petition of James Whitelaw Esquire, Agent for the proprietors of
Salem, by vote, and for Charles Adams Esqr- for four rights, by contract,
praying to be refunded certain monies paid by said proprietors, in con-
sequence of the said town of Salem not containing the number of acres
contained in the Charter, and to be reimbursed certain expences which
have attended former applications to this legislature for redress, was
sent up from the house of Representatives, with the following entry
made thereon, viz.

u In General Assembly Oct. 16th- 1799.

Read and referred to Mess8- Ormsby, Duncan, Train, Elias Keyes,
Linsley, Fiske, Stanton, Sias and Janes, to join a Committee from
Council, to state facts & make report.

Attest Samuel C. Crafts, CZfc."

The said Petition, with the proceedings thereon being read, Resolved,
That Mes8- Allis and Spencer do join the aforesaid Committee.

The Council adjourned to 2 O'clock P. M.

2 O'clock P. M.

The petition of Elisha Burton, Israel Smith, Zebina Curtiss and Elias
Stevens, stating that the General Assembly of this State, in the year
A. D. 1785, granted a tract of land in this State, now known by the
name of Wheelock, containing Twenty three thousand and forty acres —
The one equal half of which was granted to and for the use and benefit of
Dartmouth College — The other half was granted for the use and benefit
of a seminary, described in said grant or charter, known by the name of
Moor's School — which school or seminary did not, at the time of said
grant, or any other time exist — Nor hath any person or persons what-
ever, right or power to act for and in behalf of said Moor's school — And
considering, therefore, that the said grant or charter, made to Moor's
school as aforesaid, was and is totally void and of no effect, but that the
said land is now the property of the State — And therefore praying that
a charter may issue to the said petitioners and their associates, to the
number of thirty two, granting to them the lands aforesaid, under such
restrictions and regulations as the hon'ble legislature may think proper,

230 Governor and Council — October 1799.

was sent up from the house of representatives, with the following entry
made thereon, viz.

" In General Assembly Oct. 18, 1799.

Read and referred to Messs Chipman, Williams and G. Olin, to join
a Committee from Council, to state facts &c.

Attest, Saml- C. Crafts, Clerk"

The said petitions with the said proceedings thereon being read, Re-
solved, That Messs Chamberlain and Jacob "do join the aforesd- Com-
mittee.

A Petition of James Rogers of Chester in behalf of himself and other
heirs of James Rogers, deceased, stating certain facts and praying to be
discharged from the payment of a sum of four hundred dollars, due from
the petitioner to the Treasury of this State, or to suspend the payment
thereof to some future period or otherways grant redress in some other
way, was sent up from the house of Representatives with the following
entry made thereon :

" In General Assembly Oct, 18th 1799.

Read and referred to Mess- Hay, A. Barlow & Wright, to join a com-
mittee from Council to state facts &c.

Attest Saml- C. Crafts, Clerk."

The said petition, with the above proceedings thereon, being read,
Resolved, That Mr- Allis do join the aforesaid Committee.

A Petition signed by the Selectmen of South-hero North-hero, Al-
burgh and Isle of Motte, in behalf of their respective towns, praying that
a new County may be created out of said towns, with the adjacent
Islands, with all the privileges and immunities of other Counties, except
that all appeals shall be carried from said County to the supreme Court
of Judicature, when sitting in the County of Franklin, was sent up from
the house of Representatives with the following entry made thereon :

" In General Assembly, Oct'- 18, 1799.

Read and referred to Mess- Bradley, E. Wheelock, P. Smith, S. Per-
kins, Linsley, Johnson and Blanchard to join a Committee from Council
to state facts &c- Attest Saml- C. Crafts, Clerk."

The said petition and the above proceedings thereon being read, Re-
solved, That Mess- Brigham and Todd do join the aforesd- Committee.

A Petition from the Inhabitants and landowners in Bolton, praying
for a grant of a tax of two cents on each acre of land in said town, public
rights excepted, was sent up from the house of Representatives with the
following entry made thereon :

" In General Assembly, Oct. 18, 1799.

Read and referred to the first land tax Committee, to state facts &c.

- Attest Saml- c. Crafts, Clk."

The said petition, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur therein.

The Council adjourned untill 9 O'clock Tomorrow morning.

Saturday, October 19th- 1799, 9 O'clock A. M.
The Council met pursuant to adjournment.

The following resolution was received from the house of Representa-
tives, viz.

" In General Assembly, Oct. 18, 1799.
Resolved, that his Excellency the Governor, by and with the advice of
Council, be requested to issue his Proclamation, appointing the First
Thursday of December next, to be observed as a day of public Thanks-
giving and praise, throughout this State. Extract from the Journals.

Attest Saml- C. Crafts, Clk."

Governor and Council — October 1799. 231

The said resolution being read, Kesolved, That the Council do advise
his Excellency to issue his proclamation agreeably to the foregoing re-
solve. Ordered, That the Secretary acquaint the house therewith.

A petition, from the proprietors and landowners of Williston, in the
County of Chittenden, praying that an act may be passed, authorizing
and empowering the proprietors and landowners of said town to estab-
lish the former doings of said Proprietors, was sent up from the house
of representatives, with the following entry made thereon:

"In General Assembly, Oct. 18, 1799.

Read and referred to Messs- Hathaway, A. Wheelock, E. Wheelock,
Cobb and Stanton to join a Committee from Council, to state facts &c.

Attest Saml- C. Crafts, Clerk."

The said petition, with the proceedings of the house thereon being
read, Eesolved, That Mr- Satford do join the aforesaid Committee.

A petition from the inhabitants of Stowe, praying for a tax of two
cents per acre on all the lands in said town, public rights excepted, was
sent up from the house of representatives, with the following entry
made thereon, viz.

" In General Assembly Oct. 19, 1799.

Read and referred to the third land tax Committee, to state facts and
make report. Attest, Saml- C. Crafts, Clerk"

The said Petition, with the proceedings of the house thereon, being
read, Resolved, That the Council do concur therein.

His Excellency transmitted a message to the house by the Secretary,
agreeably to the advice of Council, relative to the circumstances of the
death of the late John Gregg.

Adjourned to 10 O'clock on Monday morning.

Windsor, Monday, Ocf- 21st- 1799, 10 o'clock A. M.
'The Council met pursuant to adjournment.

A petition praying for a land tax of two cents per acre on all the lands
in the township of Mansfield, public lands except, was sent up from the
house of Representatives, with the following entry made thereon:

" In General Assembly, Oct. 21, 1799.

Read and referred to the third land tax Committee, to state tacts &c.

Attest Sam1-- C. Crafts, Clerk."

The said petition, and the proceedings of the house thereon, being
read, Resolved, That the Council do concur therein.

His Excellency laid before the Council a letter from Gen1- Ira Allen,
dated at Paris 23 Aug4- 1798, covering an address to the Governor of this
state, the hon'ble the Council and the General Assembly, relative to the
situation of certain arms, stated to have been purchased under the direc-
tion of the late Governor Chittenden, which the Governor, with the ad-
vice of Council, transmitted to the General Assembly. '

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Council met pursuant to adjournment, and proceeded to the house
of Representatives, and then joined the house, agreeably to concurrent
resolutions of both branches, to take under consideration the resolutions
of Virginia and Kentucky, communicated to the legislature by message
from his Excellency. The joint Committee having in part considered
the same, adjourned until Wednesday next at 2 O'clock P.M. The
Council returned to their Chamber, and, on motion, Adjourned untill 9
9 O'clock tomorrow morning.

1 As to the arms purchased by Allen, see Vol. in, pp. 413-418.

232 Governor and Council — October 1799.

Tuesday, October 22nd- 1799, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Kepresentatives, Entitled " An act giving
relief to Jonathan Armstrong," was sent up for revision and concurrence
or proposals of amendment. The said bill being read, Resolved, That
the Council do not concur in passing said bill. On motion, Ordered,
That said bill lie on the table for further order.

Mr- Chamberlain moved for leave to introduce a Bill Entitled "An act
in addition to and in alteration of an act Entitled 'An act establishing
the County Grammar school, in the County of Caledonia, in the Town
of Peacham,' passed Oct. 27th- 1795." Ordered, That he have leave — and
the said bill being read, Resolved, That the said bill do pass, and or-
dered that the Secretary carry the same to the house, for their revision
and concurrence or proposals of amendment.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled "An act to
enable the proprietors and landowners of the town of Athens in the
County of Windham, to ratify and establish their first division lots in
said town," was sent up for revision and concurrence, or proposals- of
amendment. The said bill being read, Resolved, That the Council do
concur in passing the same — and Ordered, That the Secretary do acquaint
the house therewith.

A bill, passed in the house of Representatives, Entitled "An act au-
thorizing the Judges of the County of Caledonia to accept the Court-
house in Danville," was sent up for revision &c. and the same being read,
Resolved, That the Council do concur in passing said bill, and Ordered,
That the Secretary acquaint the house therewith.

On motion of Mr Jacob, Resolved, That the vote nonconcuring the
passing of the bill sent from the house of Representatives, Entitled "An
act granting relief to Jonathan Armstrong," be and hereby is reconsid-
ered. The said bill being again read and considered, Resolved, That
the Council do not concur in passing the said bill. Ordered, That
Mr Jacob be requested to return said bill to the house of representa-
tives, and acquaint them with the reasons of Council for their noncon-
currence.

A bill, passed in the house of Representatives, Entitled "An [act] giv-
ing certain powers to Zerubbabel Eager," was sent up for revision &c. —
and the same being read, Ordered, That it lie on the table for consider-
ation, and that the Secretary enquire of the house of Representatives
whether the said bill was brought in on the report of a Committee, or
on motion of a member, and the reasons inducing the house to pass the
same.

A petition of the proprietors, landowners and settlers in the townships
of Newbury, Topsham, Orange, Williamstown, Washington, Corinth,
Bradford and Vershire, praying that a law may be passed, designating
and establishing a certain Birch Tree, being seven miles three quarters
and twenty eight rods from Connecticut river, on the south side of New-
bury, to be the southwesterly corner thereof, together with a memorial
from Ezra Goodell, Israel Smith, Thomas Johnson, and Mansfield Tap-
lin, relative to the same subject, were sent from the house of representa-
tives with the following entry made thereon, viz.

"In General Assembly Oct. 22, 1799.
Read and referred to Mess8- G. Olin, Blake, Williams, Burton, Chip-
man, Eln- Keyes, Sias, and Hathaway, to join a Committee from Council
to state facts &c. Attest, Sam1- C. Crafts, Clerk."

Governor and Council — October 1799. 283

The said Petition and memorial, with the proceedings of the house
thereon, being read, Resolved, That Mess- Spencer and Todd do join the
aforesd- Committee.

The Council adjourned to 9 O'clock Tomorrow morning.

Wednesday October 23d- 1799, 9 OClock A. M.

The Council met pursuant to adjournment.

The petition upon which the bill sent up from the house of represen-
tatives yesterday afternoon, Entitled "An act granting certain powers
to Zerubbabel Eager," was predicated, was recd- in Council, on which
was a report in favor of the prayer of said petition, which had been
accepted by the house on the 21l- Instant — and the said bill being again
read and considered, Resolved, That the Governor and Council do con-
cur in passing said bill. Ordered, That the Secretary acquaint the
house with the same.

A bill, passed in the house of representatives, Entitled " An act di-
recting the Treasurer of this State to give up a certain bond." was sent
up for revision &c. The said bill, with the petition on which the same is
predicated, being read and considered, Resolved, That the Governor and
Council do concur in passing the same. Ordered, That the Secretary
acquaint the house therewith.

His Excellency communicated the following written message to the
Council, thro' their Secretary, viz.

" Mr- Whitney, Sec>- to the Governor and Council, — I cannot attend
the Council this morning. The Court martial have found David Whit-
ney, Major General of the Third division, guilty of unmilitary conduct,
and adjudg'd and sentenced him to be removed from office. 1 have con-
ceived it to be my duty to approve the sentence. You will make this
known to the Council, that measures may be adopted for the appoint-
ment of a Major General of the Third Division. Isaac Tichenor.

Wednesday morning 10 o'clk 23 Oct. 1799."

The said message being read and considered, on motion, Resolved.
The house of Representatives concurring therein, that the house of
representatives meet the Governor and Council, in the representatives'
room, at the opening of the house, tomorrow afternoon, in joint Com-
mittee, for the purpose of electing a Major General of the third Division
of the Militia of this State, in the room of David Whitney, removed
from office by the sentence of a Court Martial, which sentence has been
approved by the Captain General. Ordered, That the Secretary carry
the above resolution to the house.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Council met pursuant to adjournment, and proceeded to the house
of Representatives, agreeably to the adjournment of the joint Commit-
tee on the Virginia and Kentucky resolutions. The said Committee,
having adjourned to the opening of the house, in the afternoon, on
Tuesday next, the Council returned to their chamber.

The resolution passed in Council, in the forenoon, relative to the elec-
tion of a Major General, in the room of David Whitney removed, was
returned from the house of representatives concurred.

Mr Chipman, member of the house of representatives, appeared in
Council Chamber, and returned a bill Entitled "An act granting relief
to Jonathan Armstrong," witli this entry made thereon, viz.

"In General Assembly Oct. 23, 1799.

On motion to reconsider the vote passing the within bill, Resolved,

234 Governor and Council — October 1799.

That the house do not reconsider the vote passing the within bill, and
that Mr- Chipman be requested to wait on the Council, and state their
reasons. Attest Saml- C. Crafts, Clerk."

Mr- Chipman, after stating the reasons of the house for not reconsider-
ing, but adhering to their former vote passing said bill, withdrew. The
said bill being again read and considered, Resolved not to reconsider
the vote nonconcuring the passing of said bill at this time. Ordered,
That said bill lie on the table untill tomorrow.

On motion of Mr- Safford, Resolved, That he have leave of absence
during the remainder of the session, after tomorrow noon next.

On motion of Mr Chamberlain, Resolved, That he have liberty of
absence, after friday noon next, during the remainder of the Session.

The following written message was received from the house of repre-
sentatives by an officer, viz.

" In General Assembly Oct. 23, 1799.

The house have concurred in passing a bill, received from Council on
the 22d- Ins*. Entitled "An act in addition to and in alteration of an act
entitled 'an act establishing the County Grammar School of the County
of Caledonia, in the town of Peacham,' passed Oct. 27, 1795 "

Saml- C. Crafts, Clerk"

The Council adjourned untill 9 O'clock tomorrow morning.

Thursday, October 24 1799, 9 O'clock A. M.

The Council met pursuant to adjournment.

His Excellency stated to the Council that he had accepted the resig-
nation of General Elias Stevens, whereupon, Resolved, The house of
Representatives concurring therein, that the house of representatives
meet the Governor and Council, in the representatives' room, at the
opening of the house in the afternoon, in joint committee, for the pur-
pose of electing a Major General in the Fourth division of this State, to
supply the vacancy occasioned by the resignation of Major General Elias
Stevens, whose resignation has been accepted by the Captain General.

The following written message was received from the house :

' " In General Assembly Oct. 24th- 1799.

On motion, Resolved, that Mr Storrs be released from serving on the
third land tax Committee, and that Mr- Ellsworth be appointed in his
room. Attest Saml- C. Crafts, Clerk."

A bill, Entitled " An act in addition to an act Entitled ' an act direct-
ing the publishing of advertisements in the news papers therein men-
tioned,' passed the 6th- day of Novr- 1798," was sent up from the house,
with the following entrv made thereon :

" In General Assembly, Oct. 23, 1799.

Read and referred to Mess- Bradley, Hunt, Harrington, I. Smith, S.
Pond, Eln- Keyes, Fiske, Bean and Hathaway, to join a Committee from
Council, to examine into the expediencv of amendments proposed and
report. Attest " Saml- C. Crafts, Clerk."

The said bill, with the proceedings of house therein, being read, Re-
solved, That Mr Allis do join the aforesaid Committee.

A bill, Entitled "An act suspending civil process against Eli Coggs-
well," was sent up from the house of representatives with the following
entry made thereon:

" In General Assembly, Oct. 23, 1799.

Read and referred to Mess8- Chipman, Elias Keyes and G. Olin to join
from Council. Attest Saml- C. Crafts, Clerk."

Governor and Council — October 1799. 235

The said bill, with the proceedings of the house thereon, being read,
Resolved, That Messs- Brigham and Allis do join the aforesaid Com-
mittee.

His Excellency the Governor laid the following letter from the hon'blc
Silas Hathaway Esquire, before the Council:

Windsor, Oct'- 22nd- 1799.
Sir, — My necessary absence from this State, until January next, indu-
ces me to resign the office of second Assistant Judge in the County of
Franklin. And, as it may be proper to fill the vacancy for the next Ses-
sion of the County Court for that County, which will be in November
next, I must request you to receive this as my resignation.

1 am yours &c Silas Hathaway.

To his Exeellency Isaac Tichenor.

The said letter being read, Resolved, That the Governor and Council
do at this time proceed by ballot, to fill said vacancy, and the ballots be-
ing taken and examined, Elnathan Keyes Esqr- of Sheldon, was declared
duly elected. On motion, Resolved, That the Governor issue a Com-
mission to the said Elnathan Keyes Esquire accordingly.

The resolution, passed in Council this morning, relative to the elec-
tion of a Major General to supply the vacancy occasioned by the resig-
nation of Major General Elias Stevens, was returned from the house of
representatives concurred.
Adjourned to 2 O'clock P. M.

2 O'clock P. M.
A bill, passed in the house of Representatives, Entitled "An act as-
sessing a tax of three cents per acre on the town of Bromley [Peru,] "
was sent up to the Governor and Council for revision and concurrence
or proposals of amendment. The said bill being read, Resolved, That
the Governor and Council do concur in passing the same. Ordered,
That the Secretary acquaint the house therewith.

The bill, Entitled ''An act granting relief to Jonathan Armstrong,"
which was sent to the Governor and Council from the house, yesterday
afternoon, by Mr Chipinan, and to the passing of which bill the Council
had heretofore nonconcurred. was again taken under consideration. Re-
solved, That the vote nonconcuring said bill be and hereby is reconsid-
ered. On motion of Mr Todd, Ordered, That said bill lie on the table
untill tomorrow morning.

A bill, Entitled " An act granting relief to Zadock Hard and others,"
was sent up from the house of representatives, with the following entry
made thereon:

" In General Assembly Oct. 24th- '99.
Read and referred to Mes8 G. Olin, Burt, Witherell, J. Marsh, M.
Smith, Johnson, Leavensworth, Sias and Hathaway, to join a Committee
from Council, to state facts relative to the same in detail, and make re-
port accordingly. Attest Saml- C. Crafts, Ulerk."

The said bill, with the proceedings of the house thereon, being read,
Resolved, That Mr Knoulton do join the aforesaid Committee.
Mr- Knoulton appeared in Council and took his seat.
A Bill, passed in the house of representatives, Entitled "An act di-
recting the Treasurer of this State to pay to Seth Storrs, auditor, the
sum therein mentioned," was sent up to the Governor and Council for
their revision &c. and the same being read, Resolved, That the Gover-
nor and Council do concur in passing said bill. Ordered, That the
Secretary acquaint the house therewith.

A bill, passed in the house of representatives, Entitled "An act di-
recting the Treasurer of this State to credit the town of Westminster
the sum therein mentioned," was sent up for revision &c. and the same

236 Governor and Council — October 1799.

being read, Resolved, To concur with the house in passing the same into
a law.
The Council adjourned untill 9 O'clock Tomorrow morning.

Friday, October 25th 1799, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, Entitled "An act to provide for the sending a Committee to
inspect the situation of the shire in the County of Windham, and to
remove the same if necessary," was sent up from the house of Represent-
atives, with the following entrv made thereon :

"In General Assembly, Octr- 24, 1799.

Read and referred to Mes8- D. Sheldon, Hammond, Burton, Burnham,
and Storrs, to join and report their opinion thereon.

Attest Sam1- C. Crafts, Clerk."

The said bill, with the proceedings of the house thereon, being read,
Resolved, ThatMess8- Miller and Allis do join the aforesaid Committee.

A bill, passed in the house of Representatives, Entitled '"An act an-
nexing part of Coits Gore to the town of Bakersfield," wns sent up for
revision &c. and the same being read, Resolved, That the Governor and
Council do concur in passing said bill. Ordered, That the Secretary ac-
quaint the house therewith.

On motion, Resolved, That Mr Knoulton join a Committee appointed
on the petition of the proprietors and landowners of the town of Willis-
ton, in the room of Mr- Safford, who has obtained leave of absence.

The Council resumed the consideration of the bill Entitled "An act
granting relief to Jonathan Armstrong;" after considerable debate,
Resolved, That the said bill lie on the table for consideration, till the
afternoon.

A Bill, Entitled "An act incorporating certain persons therein named,
by the name of the Green Mountain Turnpike Company," was sent up
from the house of representatives, with the following entry made
thereon, viz.

" In General Assembly, Oct. 25th- 1799.

Read and referred to Mess8- Bean, Linsley and E. Stevens to join a
Committee from Council, to be amended.

Attest Saml- C. Crafts, Clerk."

The said bill, with the proceedings of the house thereon, being read,
Resolved, That Mess- Knoulton and Strong do join the aforesaid Com-
mittee.

Mr- Allis asked permission to introduce a bill Entitled " An act in ad-
dition to an act Entitled 'an act for the support of the Gospel.' " Ordered,
That he have leave, and the said bill being read, Resolved, That it be
referred to a Committee of three, to report thereon. Members chosen
— Mess8- Brigham, Allis and Robinson.

A bill, Entitled "An act constituting and establishing a Medical Soci-
ety in the State of Vermont, to be known by the name of the Vermont
Medical Society," was sent up from the house of Representatives with
the following entry made thereon:

" In General Assembly Oct. 25, 1799.

Read and referred to Mess8- Wright, Burt, H. Horton, Elias Stevens,
S. Jewett, Walker, Bottom, E. Strong and Danforth, to join a Commit-
tee from Council, to state facts &c. Attest Saml- C. Crafts, Clerk."

The said bill, with the proceedings of the house thereon, being read,
Resolved, That Mes8- Spencer and Todd do join the aforesaid Com-
mittee.

Adjourned to 2 Oclock P. M.

Governor and Council — October 1799. 237

2 O'clock P. M.

The following bills, passed in the house of representatives, were sent
up to the Governor and Council, for revision and concurrence, or propo-
sals of amendment: "An act assessing a tax of three cents per acre on
Avery's Gore, situate in the County of Orleans;" " An act directing the
Treasurer of this State to credit the constable of the town of Cavendish
the sum therein mentioned;" "An act laying a tax of two cents per acre
on the town of Starksboro';" "An act assessing a tax of two cents per
acre on the town of Westford;" " An act directing the Treasurer of this
State to pay John Foster Esquire forty seven dollars and fifty two cents;"
and " An act dividing the town of Andover, and constituting a new
town by the name of Weston." The said bills being severally read. Re-
solved, That the Governor and Council do concur in passing the same
respectively. Ordered, That the Secretary acquaint the house there-
with.

The bill Entitled "An act giving relief to Johnathan Armstrong," was
again read and considered; on motion, Resolved, That the passing of
the same be suspended untill the next session of the General Assembly.

The Council adjourned untill 9 O'clock tomorrow morning.

Saturday October 26th- 1799, 9 o'clock A. M.

The Council met pursuant to adjournment.

The hon'ble John Bridgman appeared in Council, and after taking the
necessary oaths, was admitted to a seat.

Major General William Chamberlain personally appeared and was
duly qualified to his office as Major General of the fourth division of the
Militia of this State, before the Council.

The hon'ble William Chamberlain, chief Judge of the County Court
within and for the County of Caledonia, personally appeared, and was
sworn, before the Council, faithfully to execute the duties of his office as
such.

The following resolution was sent up from the house of Representa-
tives, viz.

" In General Assembly, Oct. 25th- 1799.

Resolved, That Mr Shumway, Mr- Harrington and Mr G. Olin, be a
Committee, on the part of the house, jointly with such Committee as may
be appointed on the part of the Council, to examine an act entitled " An
act for the relief of goals and goalers," and to report by bill or otherwise.

Extract from the Journals. Attest Saml- C. Crafts, Clk."

The said resolution being read, Resolved, that Mr Bridgman do join
the aforesaid Committee on the part of Council. Ordered, That the Sec-
retary acquaint the house with the same.

The following resolution was sent up from the house of representa-
tives, viz.

" In General Assembly, Oct. 25, 1799.

On motion, Resolved, the Governor and Council concurring therein,
That the Treasurer of this State be, and he hereby is directed to stay
any proceedings against Joel Giffin, the Collector of State taxes in the
town of Swanton, on the tax of one cent on the dollar, laid in October,
i798, untill the rising of the Legislature in October 1800. Extract from
the Journals. Attest Saml- C. Crafts, Clerk."

The said resolution being read, Judge Marvin stated the reasons for
passing the same, whereupon Resolved, That the Governor and Council
do concur in passing said resolution.

238 Governor and Council — October 1799.

The following bills, passed in the house of representatives, were sent
up for revision and concurrence or proposals of amendment, viz.

"An act to suspend the operation of an Execution in favor of Samuel
Mattocks, Treasurer of this State, against Abel Stevens and John C.
Waller;" "An act incorporating certain persons therein named into a
Society, by the name of the Rockingham Library Society;" uAn act to
incorporate certain persons therein named, into a Society, by the name
of the Fairhaven Library Society;" "An act annexing a tract of land,
called Stratton gore, in the County of Windham, to the town of Stratton;"
"An act directing the treasurer of this State to credit the town of Roy-
alton the sum therein mentioned;" "An act granting the right of making
a Turnpike road from Brookfield to Onion River, to Elijah Paine, his
heirs and assigns;" and "An act assessing a tax of two cents on each acre
of land in the town of Cabot;" and the said bills being severally read,
Resolved, That the Governor and Council do concur in passing the same.
Ordered, That the Secretary acquaint the house with the same.

A bill passed in the house of Representatives, Entitled "An act
appointing a Committee to lay out and survey a County road from
Montpelier and Calais to Danville," was sent up for revision, &c. and
being read and considered, Resolved, that the Governor and Council do
concur in passing the said bill, with the following amendment — That
between the words " of" and " making," in the fourth line in the second
Section, insert the following words, to wit. " The Committee for laying
out and surveying said road, and," — and erase the words, "such road,"
in the 5th- line, and insert the words " the same n in lieu thereof.

The Council adjourned untill 10 o'clock Monday morning.

Monday October 28th- 1799, 10 O'clock A. M.

The Council met pursuant to adjournment.

Samuel Mattocks Esquire, Treasurer of the State, appeared in the
Council Chamber, with his sureties, and executed his bond, agreeabty to
law, and was, thereupon, duly qualified, by taking the oath of office pre-
scribed by the Constitution and by law, which was administered by his
honor Paul Brigham, I> Governor and presiding officer.

Ordered, That the Secretary of the Governor and Council lodge said
Bond with the Secretary of State.

Mr- Todd asked permission to lay on the table the following resolu-
tion, viz.

In Council, Oct. 28th- 1799.

Resolved, that this Council have no constitutional right to nonconcur
any bill sent from the house of representatives, or power to suspend the
passing of any bill, untill proposals of amendment have first been made,
by council, to such bill.

Ordered, That he have leave. The said resolution being then read
and considered, on the Question, Shall the said Resolution, so intro-
duced, become a resolution of Council, It passed in the affirmative.

The Council resumed the further consideration of the bill Entitled
"An act granting relief to Jonathan Armstrong." On motion, Resolved,
That the vote, passed by Council on the 25 Inst. " suspending the pass-
ing of said bill untill the next session of the General Assembly," be and
the same is hereby reconsidered. After further discussion, on motion,
Resolved, further, that the Governor and Council do concur in passing
said bill, with the following proposals of amendment, viz. — That the
word "fifty" in the fifth line as numbered, be erased, and the words
" Sixty two," be inserted in lieu thereof— and that the whole of the 13th-

Governor and Council — October 1799. 239

and 14th- lines be erased, and in lieu thereof add the following, to wit :
" first assigning and delivering over to the treasurer, for the benefit of
the said James Richmond, all written securitie sor claims which he has
received from the said Richmond on account of his the said Armstrong's
executing the note aforesaid." Ordered, That Mr- Robinson be re-
quested to inform the house of the reasons of Council in proposing the
said amendments.

A bill, Entitled "An act for the relief of Jonathan Eggleston, of Med-
way," was sent up from the house of representatives, with the following
entry made thereon:

" In General Assembly Oct. 28th- 1799.

Read and referred to Mess- Williams, Linsley and Cahoon, to join a
Committee from Council, to state facts &c.

Attest Saml- C. Crafts, Clerk."

The said bill, with the proceedings of the house thereon, being read,
Resolved, That Mr- Bridgman do join the aforesaid Committee, on the
part of Council.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

His Excellency laid before the Council the following letter from Gen-
eral Chamberlain:

u Windsor Oct. 27th- 1799.

Sir, — At the time of my late appointment and acceptance of the office
of Major General of the Fourth Division of the Militia of this State, I
then did, and still do consider, that I. held the first military rank in said
division: But, I find, Sir, since my acceptance of that appointment, that
many of the officers and other Gentlemen, whose judgment I am bound
to respect, [are of opinion] that my resignation and acceptance of the
office of Brigadier General, has given that rank to Brigd- General Cur-
tiss. If this opinion be correct, I can, by no means, consent to wound
the feelings of so distinguished an officer, by continuing a command to
which my rank does not entitle me. I must, therefore, request your
Excellency to accept my resignation of the office of Major General of
the Fourth Division.

With Sentiments of respect, I am, Sir, your Excellency's most Ob'-
Servant, WM Chamberlain.

His Excellency Isaac Tichenor Esqr-"

Resolved, The house of Representatives concurring therein, that the
house of Representatives meet the Governor and Council in the Repre-
sentatives' room, in joint Committee, at the opening of the house tomor-
row afternoon, for the purpose of electing a Major General in the Fourth
Division of the militia of this State, to supply the vacancy occasioned
by the resignation of Major Gen1- Wm- Chamberlain, whose resignation
has been accepted by the Captain-General.

Mr- Robinson, a member of the house, appeared in Council and re-
turned the bill, Entitled " An act for the relief of Jona- Armstrong,"
which had been sent to the house of Representatives concurred with
certain proposals of amendment, with the following entry made thereon,
viz:

u In General Assembly Oct. 28th- 1799.

Resolved, that the house do not concur in the amendments proposed
by the Governor and Council, and that Mr- Robinson be requested to
wait upon the Governor and Council and state the reasons of the non-
concurrence as aforesaid. Attest Saml- C. Crafts, Clerk."

Mr- Robinson, after stating [the reasons of] the house of Representa-
tives for their nonconcurrence, withdrew.

240 Governor and Council — October 1799.

The said bill, being again read and considered, Resolved, That the
passing of said bill be suspended untill the next Session of the General
Assembly.

The following bills passed in the house of Representatives were sent
up to the Governor and Council for revision and concurrence, or propo-
sals of amendment : "An act assessing a tax of two cents per acre on
the township of Greensboro ;" "An act assessing a tax of six cents on
each acre of land in the township of Chelsea, in the County of Orange,
for the purpose therein mentioned ;" and, "An act empowering Daniel
Rice to sell lands in the case therein mentioned." The said bills being
severally read, Resolved, To concur with the house in passing the same
respectively.

The resolution, passed in Council this afternoon, relative to the Elec-
tion of a Major General in the fourth Division, to supply the vacancy
occasioned by the resignation of Major Gen1- Chamberlain, was returned
from the house concurred.

The Council adjourned to 9 O'clock tomorrow morning.

Tuesday, October 29th- 1799, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr- Jacob asked permission to introduce a bill, Entitled "An act in
addition to an act passed Oct. 17, 1793, Entitled 'An act dividing the
town of Windsor, into two distinct Societies.' " Ordered, That he have
leave. The said bill being read and considered, Resolved, That the said
bill do pass, and ordered, That it be engrossed and sent to the house of
Representatives for revision and concurrence or proposals of amend-
ment. Ordered That Mr Jacob be requested to carry down said bill and
state the reasons for passing the same.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Agreeably to the concurrent resolution of both houses, the Governor
and Council proceeded to the representatives' room, and having joined
that body in joint committee, proceeded to the choice of a Major Gene-
ral in the Fourth Division of the Militia of this State, and the ballots,
being taken and examined, the Hon1- Zebina Curtiss Esqr- was declared
duly elected. The Governor and Council and house of Representatives
then formed in joint Committee, pursuant to adjournment, on the Vir-
ginia and Kentucky resolutions, and having agreed upon an answer to
the same, the joint Committee was dissolved, & the Governor and Coun-
cil returned to their Chamber. l

A bill, passed in the house of Representatives, Entitled " An act for
the purpose of settling disputes respecting landed property," was sent
up, for revision, &c, and being react, Ordered, That it lie on the table
for consideration.

A bill, passed in the house of Representatives, Entitled " An act for
the organization of the County of Orleans," was sent up for revision, &c,
and the same being read, Ordered, That it lie on the table untill tomor-
row morning.

The Council adjourned untill 9 O'clock tomorrow morning.

Wednesday October 30th- 1799, 9 O'clock A. M.
The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up to the Governor and Council for revision and concurrence, or pro-

f See Appendix K.

Governor and Council — October 1799. 241

posals of amendment, viz. " An act to defray the Expences of a Court
of Enquiry on the case of the death of John Greggs, held in the Month
of May A. D. 1799 at Alburgh," and " An act for the relief of Jonathan
Eggleston, of Medway." The said bills being severally read, Resolved,
That the Governor and Council do concur in passing the same. Ordered,
That the Secretary inform the house of the same.

The bill, sent up yesterday from the house of Representatives, En-
titled " An act for the purpose of settling disputes respecting landed
property," was again taken under consideration. On motion, Ordered,
That the same be referred to a Committee of three, to report amend-
ments. Members chosen, Mr- Jacob, Mr Spencer, and Mr Marvin.

A bill, passed in the house of Representatives, Entitled "An act direct-
ing the Treasurer of the State of Vermont to pay the sums therein
mentioned," was sent up for revision &c. The said bill being read, Re-
solved, That the Governor and Council do concur in passing the same.
Ordered, That the Secretary inform the house of the same.

The Council adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill passed in the house of Representatives, Entitled " An act
directing the Treasurer of the State of Vermont to pay the several sums
of money therein mentioned," was sent up for revision &c. The same
being read, Resolved, That the Governor and Council do concur in
passing the same. Ordered, That the Secretary acquaint the house
therewith.

A bill, Entitled " An act directing the Treasurer of this State to pay the
proprietors of Salem the sum therein mentioned," was sent up from the
house of Representatives, with the following entry made thereon :

"In General Assembly Oct. 30, 1799.

Read and referred to the Committee on the Petition of James White-
law, agent of the proprietors of Salem, to make further examination and
report accordingly. Attest Saml- C. Crafts, Clk."

The said bill, with the proceedings of the house thereon, being read,
Resolved, That the Governor and council do concur in the said refer-
ence.

A>bill, Entitled "An act giving relief to Zadock Hard and others,"
was sent up from the house of representatives with this entry made
thereon :

" In General Assembly Oct. 30th- 1799.

Read and recommitted to the same committee, for farther examina-
tion, to report by bill or otherwise.

Attest Saml- c. Crafts, Clerk."

The said bill, and the proceedings of the house thereon, being read,
Resolved, That the Governor and Council do concur therein.

A petition from Samuel Stearns, praying for a lottery to assist in pub-
lishing a treatise on surgery &c. was sent up from the house of Repre-
sentatives, with the following entry made thereon :

" In General Assembly Oct. 30, 1799.

Read and referred to Dr- Witherell, Dr- Porter, Dr- Perkins, Dr. Flagg
and Dr- Eaton, to join a Committee from Council to state facts &c.

Attest Saml. c. Crafts, Clerk."

Which was read, and Resolved, That Dr- Marvin and Dr- Todd be a
committee to join.

The bill Entitled " An act directing the organization of the County of
Orleans," was again read and considered. Resolved, That the Governor
and Council do concur in passing the same, with certain proposals of
amendment annexed thereto. Ordered, That the Secretary acquaint the
house with the same.
16

242 Governor and Council — October 1799.

The resolutions, adopted yesterday, in joint Committee, in answer
to the Virginia and Kentucky resolutions, having been adopted by the
house of Representatives, were sent up to the Governor and Council for
their revision and concurrence or proposals of amendment, and the
same being read and considered: on the question to concur therein, the
yeas and nays being required by Mr Jacob were as follows : Yeas,
Mess- Brigham, Allis, Bridgman, Jacob, Knoulton, Marvin, Miller, Rob-
inson, Spencer, Strong and Todd — so it passed unanimously in the
affirmative — Mess- Chamberlain and Safford being absent with leave.1

The Council adjourned until 9 O'Clock tomorrow morning.

Thursday October 31st- 1799, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled " An act di-
recting the laying out and making a County road, from the south line of
Wheelock, in the County of Caledonia, to the south line of Stanstead,
in Canada, and taxing sundry towns thro' which the same shall pass,"
was sent up for revision &c. and the same being read, Resolved, That
the Governor and Council do concur in passing the said bill, with this
amendment, that " Reuben Miles, of Sheffield,1' be added to the Com-
mittee. Ordered, That the Secretary inform the house of the same.

A bill, passed in the house of Representatives, Entitled " An act ap-
pointing a Collector to compleat the settlement of the land tax in Bruns-
wick," was sent up for revision &c. & being read, Resolved, That the
Governor and Council do concur in passing said bill, & ordered, That
the Secretary acquaint the house with the same.

Mr Jacob, from the Committee appointed to report amendments to
the bill, sent up from the house, Entitled" An act for the purpose of
settling disputes respecting landed property," reported as follows:

"In the 15th- line erase the word "improvements;" and in the Sa-
line erase the word "improvements;" and in the 35th- line erase the
words "and improvements;" in the 37th- line erase the word " improve-
ments" and insert in its place the word "Betterments;" in the 48th- line
erase the whole after the word "That;" erase the whole of the 49 and
50th- lines, and the whole of the 51st line except the word " Judgment,"
before which insert the words "so often as." In the line 52, after the word
" Demurree" insert " or on any plea in abatement." At the end of the
bill, add the following: "Provided also, and it is hereby further enacted,
That this act shall operate and have effect from and after the passing
hereof, but shall, in no way, be considered to extend to any betterments
heretofore made on lands within this State, and in no other case shall
the possessor or possessors be entitled to any of the benefits provided in
this act, only when the owner or owners of lands, on which such better-
ments are made as aforesaid, shall neglect to bring his, her, or their ac-
tion or actions, for the recovery of the same within three years from and
after the commencement of the betterments on such lands as aforesaid."

Which report was read and accepted. Ordered, That the said bill,
with the report thereon, lie on the table for further consideration.

The following written message was received from the house of Repre-
sentatives, viz.

" In General Assembly, Oct. 31st- 1799.

The house have concurred in passing a bill Entitled " An act in addi-
tion to an act dividing the town of Windsor into two parishes," without
amendment.

1 See Appendix K.

Governor and Council — October 1799. 243

They have also concurred in the amendments proposed to a bill Enti-
tled " An act directing the organization of the County of Orleans."

Attest Saml. C. Crafts."

Adjourned untill 2 O'clock.

2 O'cia ck P. M.

A bill, passed in the house of representatives, Entitled " An act grant-
ing to Horatio Knight leave to raise by lottery the sum of one thousand
dollars," was sent up for revision, &c. The said bill being read, Re-
solved, That the Governor and Council do concur in passing the same.

On motion of Mr- Marvin, Resolved, That Mr- Marvin and Mr. Spen-
cer have leave of absence during the remainder of the Session.

The following bills, passed in the house of Representatives, were sent
to the Governor and Council for revision and concurrence or proposals
of amendment, viz. " An act reviving an act laying a land tax on the
town of Morristown;" " An act directing the Treasurer of this State to
pay to John Vance the sum-of twenty three dollars;" "An act assessing
a Tax of two cents per acre on the town of Hydes-Park;" " An act as-
sessing a Tax of two cents per acre on the town of Richford;" " An act
assessing a Tax of one cent per acre on the town of Stowe;" " An act
assessing a Tax of two cents per acre on the town of Bakersfield;" "An
act assessing a Tax of one cent per acre on the town of Hardwick;" and
" An act appointing a new Collector of a land tax in Walden Gore."
The said bills being severally read, Resolved, That the Governor and
Council do concur in passing said Bills respectively, into Laws. Or-
dered, That the Secretary acquaint the house with the same.

A bill, passed in the house of Representatives, Entitled " An act
granting the exclusive right of a right of ferriage to John S. Larreby,
for the term of ten years," was sent up for revision &c. The said bill
being read, Resolved, That it be referred to Mr Jacob for amendment.

A bill, passed in the house of Representatives, Entitled " An act re-
viving an act laying a tax on Irasburgh, and making an alteration in the
Committee of Superintendance," was sent up for revision &c. and the
said bill being read, Resolved, That the Governor and Council do concur
in passing the same, with this alteration, that in the 2d- line of the 2nd
Section, after the words " Roger Enos," insert the words " of Col-
chester."

Resolved, That Mr Robinson be appointed on the petition of Samuel
Stearns, in the room of Doct. Marvin, who has obtained leave of ab-
sence.

A bill, passed in the house of Representatives, Entitled " An act
assessing a tax of two cents per acre on the town of Bolton," was sent
up for revision &c. and being read, Resolved, That the Governor and
Council do concur in passing the same, with this amendment, That im-
mediately after the words " John Fay " in the Seventh line, insert the
words " of Burlington," and after the names of " Jabez Jones," and
" Robert Canada," in the sixth and seventh lines of said Section, insert
after each name, the words " of Bolton."

The following written message was received from the house of Repre-
sentatives thro' their Clerk:

" In General Assembly, Oct. 31st- 1799.

The house have concurred in the amendments proposed by the Coun-
cil to a bill Entitled " An act directing the laying out and surveying a
County Road from the south line of Wheelock, in the County of Cale-
donia, to the South line of Stanstead, in Canada."

Attest Saml. C. Crafts, CZfc."

The following resolution was sent up from the house of Represen-
tatives :

244 Governor and Council — November 1799.

" In General Assembly, Oct 31st- 1799.

Resolved, the Governor and Council concurring therein, that his Ex-
cellency the Governor and the Council meet the house of Representa-
tives, in the representatives' room, at the opening of the house tomorrow
morning, for the purpose of electing the County officers for the County
of Orleans for the year ensuing.

Extract from the Journals. Attest Saml- C. Crafts, Clerk"

The said resolution being read, Resolved, That the Governor and
Council do concur therein.

The Council adjourned untill 9 O'clock Tomorrow Morning.

Friday November 1st- 1799—9 O'clock A. M.

The Council met pursuant to adjournment — and repaired to the Rep-
resentatives' Room and met that body in joint Committee, for the pur-
pose of electing the County officers for the County of Orleans agreeably
to the concurrent resolution of both houses, and having appointed a
Committee to make out a nominatian of said officers, the joint commit-
tee was adjourned untill the opening of the house tomorrow morning,
and the Governor and Council returned to their Chamber.

A bill, passed in the house of Representatives, Entitled " An act to
enable the inhabitants of Tinmouth to draw the waters of the furnace
pond, in said Tinmouth, to their ancient and natural level, at certain
seasons of the year," was sent up for revision, &c, and the said bill be-
ing read, Resolved, That the Governor and Council do concur in pass-
ing the same.

Certain documents, relative to Indian affairs, with a Message from his
Excellency Governor Tichenor, on that subject, were sent up from the
house of Representatives, with this order thereon:

" In General Assembly, Oct. 31st- 1799.

The within communications were read, and referred to Mess8- Williams,
G. Olin and Witherell, to join a Committee from Council, to take the
same into consideration, and report to the house what further measures
ought to be taken. Attest Saml- C. Crafts, Clerk."

The said Documents and message being read, Resolved, That Mess8-
Brigham and Knoulton do join the aforesaid Committee.

The following bills, passed the house of Representatives, were sent up
for revision &c. — " An act for establishing a Corporation by the name
of the Windham Turnpike Company;" "An act appointing a Committee
to lay out and survey a County Road from Windham, in the County of
Windham, to Rutland, in the County of Rutland;" "An act incorporating
certain persons into a Society by the name of the Hartford Library So-
ciety;" and "An act reviving an act laying a tax on the lands in the
town of Johnson," which were severally read, and Resolved, To concur
with the house in passing the same respectively.

Certain Resolutions from the State of Newhampshire, relative to an
amendment in the Federal Constitution, were sent up from the house of
Representatives with this entry minuted thereon:

" In General Assembly Oct. 31st- 1799.

Read and referred to Mes8- Lyon, Hay and Williams, to join a Com-
mittee from Council, to take the same under consideration and report
the same to the house. Attest Saml- C. Crafts, Clk."

The same being read, Resolved that Mr Brigham do join the aforesaid
Committee.

A bill, passed in the house of Representatives, Entitled " An act for
the purpose of discharging the town and the Selectmen of the town of

Governor and Council — Nor ember 1799. 245

Arlington from the arrears due on a certain tax, which ought to have
been collected in or about the year 1784," was sent up for revision &c.
and the same being read, Resolved, That the said bill be referred to Mr-
Todd for revision. Mr- Todd having reported a revision of said bill, and
it being read as revised, Resolved, That the Governor and Council do
concur in passing the same.

A bill, passed in the house of Representatives, Entitled " An act to
enable the proprietors of Georgia to divide their lands into severalty,"
was sent up for revision, &c, and being read, Ordered, That it lie on
the table for consideration.

A bill, passed in the house of representatives, Entitled " An act to
repeal an act passed in October 1794, directing the uses of the rights of
land in this State heretofore granted by the British Government as
Glebes for the benefit of the Church of England as by their law estab-
lished," was sent up for revision, &c. The said bill being read, Ordered,
That it lie for consideration.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act for
the relief of Thomas Leverett," was sent up for revision &c. and 'the
same being read, Resolved, That the Governor and Council do concur in
passing said bill.

A bill, passed in the house of Representatives, Entitled " An act stay-
ing all prosecutions and suits of a civil nature against Isaiah Parmerter,
for the space often years," was sent up for revision, &c. and being read,
Resolved, That the Governor and Council do concur in passing the same
with this amendment, viz. That the words " for the space of ten years "
be added at the end of said bill.

A bill, passed in the house of representatives, Entitled "An act grant-
ing a tax of three mills on the dollar on the polls and rateable estate of
the Inhabitants of the County of Windham," was sent up for revision,
&c. and being read, Resolved, That the Governor and Council do concur
in passing the same.

A bill, passed in the house of Representatives, Entitled u An act di-
recting the Treasurer to credit Isaiah Wing, Collector of the Cent land
tax in Rochester, the sum therein mentioned," was sent up for revision,
&c. and the said bill being read, Resolved, That the Governor and Coun-
cil do concur in passing the same.

Resolved, That the house of Representatives be requested to lay be-
fore the Council the returns of the Grand list for the present year.

On motion, Mr Brigham obtained leave to bring in a bill Entitled "An '
act restraining swine from going at large," which was read and consid-
ered, and then Resolved, That the said bill do pass, and that it be sent
to the house of Representatives for their revision, &c.

A bill, passed in the house of Representatives, Entitled "An act in
ad. to an act Entd- [' an act] to enable the proprietors and landowners
of the town of Jericho to divide their lands into severalty,' passed Nov.
7, 1798," was sent up for revision &c. and the said bill being read, Or-
dered, That it lie on the table.

A bill, passed in the house of representatives, Entitled " An act
directing the Treasurer of this State to pay to the proprietors of Salem
the sum therein mentioned," was sent up for revision &c. and the same
being read. Resolved, That the Governor and Council do concur in pass-
ing said bill, with certain proposals of amendments.

Mr- Elnathan Keyes, member of the house of Representatives, agreea-
bly to the request of Council, laid before the Governor and Council the
General list of the present year, the aggregate being $2,017,276.37 |ioo.

246 Governor and Council — November 1799.

A bill, passed in the house of Kepresentatives, Entitled " An act
assessing a Tax of one cent on the dollar on the list of one thousand
seven hundred and ninety nine," was sent up for revision &c. and the
same being read, Kesolved, That the Governor and Council do concur
in passing sd- bill.

The following written message was received from the house:

" In General Assembly Nov. 1, 1799.

The house have concurred in the amendments proposed by Council
to the following bills to wit. " An act reviving an act laying a tax of
three cents on the town of Irasburgh;" "An act assessing a tax of two
Cents per acre on the town of Bolton;" and "An act stopping all prose-
cutions of a civil nature against Isaiah Parmeter for ten years."

Attest Sam1" C. Crafts, CZerfc."

The Council adjourned untiil 9 O'clock tomorrow morning.

Saturday. November 2nd- 1799, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled " an act as-
sessing a tax of one cent per acre on the town of Mansfield," was sent
up for revision &c. and the said bill being read, Resolved, That the Gov-
ernor and Council do concur in passing the same, with these amend-
ments, viz., that after the names of "Ebenezer Wakefield and David
Moody " in the 7th- line, add the words " of Stowe," and after the name
"Isaac Chamberlin" in the 8th- line, add the words "of Richmond,"
and after the name "Joshua Chamberlin" in the 12th- line, add the
words " of Richmond." Ordered, That the Secretary acquaint the house
with the same.

The bill, Entitled " An act for the purpose of settling disputes re-
specting landed property," which has passed the house, and to which
amendments have been reported by the Committee from Council [ap-
pointed] for that purpose, and accepted, being again read with the
amendments, Resolved, That the Governor and Council do concur in
passing the same, with said proposals of amendment, and Ordered, That
Mr- Jacob do carry down said bill and state to the house the reasons for
such amendments.

Mr- Jacob moved for permission to bring in a bill Entitled " An act
directing the Secretary of State to record the Commissions or Warrants
given by the late Court of Confiscation in this State to Ebenezer Cur-
tiss and Thomas Chandler Jur- as Commissioners of sales of Confiscated
Estates." Ordered, That he have leave, and the said bill being read,
Resolved, That the same do pass, and that it be sent to the house for
their revision &c.

A bill, passed in the house of Representatives, Entitled "An act
directing the publishing of advertisements in the newspapers therein
mentioned," was sent up for revision &c. and being read, Resolved,
That it be referred to Mess8- Todd and Jacob for amendment.

The following bills, passed in the house of Representatives, were sent
to the Governor and Council for revision and concurrence or proposals
of amendment, viz. "An act directing the Treasurer of this State to
call on the Sheriffs of the several counties to account with him for the
Volumes of Revised laws which they have received for sale;" "An act
directing the Treasurer of this State to credit the town of Westminster
the sum therein mentioned;" "An act directing the Treasurer of this
State to credit the town of Burlington, in the County of Chittenden, the
sum therein mentioned;" " An act incorporating certain persons therein

Governor and Council — November 1799. 247

named by the name of the Green Mountain Turnpike Company;" "An
act to enable the proprietors of Pawlet to compleat their sixth Division
of land by pitching;" and " An act for assessing a land tax on Bridge -
water in the County of Windsor." The above bills being severally read
and considered, Resolved, To concur with the house in passing them
into laws. Ordered, That the Secretary acquaint the house with the
same.

The bill Entitled " An act to repeal an act passed in Oct1"- 1794 direct-
ing the use of the rights of land in this State, heretofore granted by the
British Government, as Glebes for the benefit of the Church of England
as by their law established," was again read and Resolved, That the
same do pass with this amendment, viz. " That so far as it may be con-
sidered as operating to the injury of any tenant in the actual possession
and improvement of any such right, under the authority of the Epis-
copal Church." x

The Council Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act for
the relief of the town of Springfield as therein mentioned," was sent up
for revision &c. and the same being read, Ordered, That it lie untill
Monday morning next.

The following resolution was sent up from the house of Representa-
tives, viz.

" In General Assembly Nov. 2, 1799.

On motion, Resolved, That Mr Williams be appointed to wait on the
Governor and Council and request them to inform the house what time
it will probably take them to finish the business before them, in order to
determine the time when the legislature will rise.

Attest Saml- C. Crafts, Clerk."

The same being read, Resolved, That Mr- Jacob be requested to wait
on the house and acquaint them that the business before the Council
will not justify the Legislature's rising before Tuesday next.

The following written message was received from the house:

" In General Assembly Nov. 2, 1799.

The house have concurred in a bill Entitled aAn act to prevent
swine running at large;" also in the amendments proposed to a bill
Entitled " An act assessing a land tax on the town of Mansfield;" also
in passing a bill Entitled u An act directing the Secretary to record cer-
tain commissions " &c. Attest Saml- C. Crafts, Clerk.''''

A bill, passed in the house of Representatives, Entitled " An act to
enable the proprietors of the township of Georgia to divide the lands in
said town into severalty," was sent up for revision &c. and the same
being read, Resolved, To concur with the house in passing the said bill
into a law with certain proposals of amendment made thereto.

Mr- Todd moved for permission to introduce a bill, Entitled " An act
in addition to an act Entitled 'An act dividing the State into districts
for electing Representatives to the Congress of the United States and
directing the mode of their election.' " Ordered, That he have leave,
and the said bill being read, Resolved, That the same do pass, and Or-
dered, That it be engrossed and sent to the house, for their revision &c.

The bill Entitled u An act in addition to an act Entitled k an act to en-
able the proprietors and landowners of the town of Jericho to divide
their lands into severalty,' passed Nov. 7, 1798," was again read, and

1 This amendment is incomplete, and was not concurred in by the
House.

248 Governor and Council — November 1799.

then Resolved, That the Governor and Council do concur in passing the
same, with a proposal of amendment accompanying the same.

A bill, passed in the house of Representatives, Entitled "An act em-
powering Ruth Stearns, Administratrix of the Estate of Reuben Stearns,
late of Shrewsbury, in the County of Rutland, deceased, to deed a cer-
tain lot of land," was sent up for revision, &c. and the same being read,
Resolved, That the Governor and Council do concur in passing the
same.

Resolved, That Mr- Miller be appointed a Committee to receive the
proportion of Election Sermons — and proclamations of Thanksgiving,
belonging to the Council.

The Council adjourned to 10 O'clock Monday morning.

Monday, November 4th- 1799, 10 O'clock A. M.

The Council met pursuant to adjournment.

M1- Witherell, member of the house of Representatives, appeared
in Council and returned a Bill Entitled " An act for the purpose of set-
tling disputes respecting landed property," which was sent down with
amendments for concurrence on the 2nd- Inst, with this entry made
thereon:

" In General Assembly Nov 2d- 1799.

The amendments proposed to the bill Entitled " An act for the pur-
pose of settling disputes respecting landed property," were read, the
1st- 2d- & 3rd- amendments were concurred, the last being read. Resolved,
that the house do not concur in the said amendment, and that Mr With-
erell wait on the Governor and Council to return the bill and state the
reasons of the nonconcurrence as aforesaid.

Attest Saml- C. Crafts, Clk."

And after stating the reasons for such nonconcurrence, Mr Witherell
withdrew.

The Council then took the same under consideration, and after some
time spent therein, Resolved, That the further consideration thereof
be postponed untill tomorrow morning.

A bill, passed in the house of Representatives, Entitled " An act de-
claring the widows of testators entitled to dower," was sent up for
revision &c. and being read Resolved, That it be referred to a Commit-
tee of three for consideration to report amendments if they think proper.
Members Chosen, Mess5- Knoulton, Strong and Jacob. The aforesaid
Committee reported that the said bill ought to pass. Whereupon, it
being again read, Resolved, That the Governor and Council do concur
in passing the same.

A bill, passed in the house of Representatives, Entitled " An act for
the purpose of establishing a County Grammar School at S4, Albans, in
the County of Franklin," was sent up for revision &c. and being read,
Resolved, That the Governor and Council do concur in passing the same,
with this proposal of amendment, to wit, That the whole of the Fourth
Section be erased. Ordered, That Mr- Todd be requested to wait on
the house, with the said bill, and state the reasons of such amendment.

Mr- Chipman, member of the house of Representatives, returned a bill
Entitled u An act to repeal an act passed in Octr- 1794, directing the
uses of the Rights of land in this State heretofore granted by the British
Government as Glebes for the benefit of the Church of England as by
their law established," which was sent down on the second instant, con-
curred with an amendment, with this entry made thereon:

Governor and Council — November 1799 249

" In General Assembly Nov. 2, 1799.

The amendments proposed to this bill were read. On motion, Re-
solved, That the house do not concur in the said amendments, and that
Mr- Chipman be requested to return this bill to the Council, and state
the reasons of the nonconcurrence as aforesaid.

Attest Saml- C. Crafts, Clerk."

And after stating the reasons for the same, Mr- Chipman withdrew.
The same being read and considered, Resolved, That the Governor and
Council do rescind from their proposals of amendment, and that the
said Bill be referred to Mr Knoulton and Brigham for further amend-
ment.

Mr- Miller, who was appointed a Committee to receive the proportion
of the Election Sermons, and Proclamations for a Thanksgiving, be-
longing to the Council, reported verbally that he could not learn any-
thing further respecting them than that a Committee had been appointed
by the house of Representatives to apportion them.

The following written message was received from the house of Repre-
sentative thro' their Clerk, viz.

" In General Assembly Nov. 2, 1799.

The house have concurred in the amendments proposed to the bill
Entitled "An act laying a tax on the town of Mansfield." They have
concurred in passing " An act directing the Secretary to record certain
commissions;" also "An act in addition to an act to enable the proprie-
tors and landowners of Jericho to divide their lands into severalty."

Attest Sam1- C. Crafts, Clerk"

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, viz. " An
[act] authorizing the proprietors and landowners of Williston to confirm
and compleat the divisions or pitches of their lands;" " An act to estab-
lish for the time being the jurisdictional lines of the towns therein men-
tioned;" "An act assessing a tax of one Cent per acre on the town of
Middlesex, in the County of Chittenden;" "An act empowering the
Inhabitants of the Towns of Hubbarton and Sudbury, in the County of
Rutland, to draw the waters in certain Mill-ponds raised in Hubbarton
and Sudbury to their ancient and natural level at certain seasons of the
year;" " An act to empower the proprietors of the Township of Lutter-
loch [Albany,] in the County of Orleans, to establish the survey of said
town [and] to proceed to a division of said town into severalty, agree-
ably to any existing Written agreements between the proprietors;"
"An act assessing a tax of one cent per acre on the town of Duncans-
boro1" [Newport;] "An act to empower Josiah Hubbard to sell the real
estate of Judah Swift, late of Thetford, in the County of Orange and
State of Vermont, deceased;" "An act authorizing Francis Davis,
Administrator to the estate of Roger Kinsley, to sell certain lands
therein mentioned;" "An act assessing a tax of three cents on each
acre of land in that part of the town of Goshen which lies in the County
of Addison;" and "An act assessing a Tax of one cent on each acre of
land in the town ot Med way [Mendon,] in the County of Rutland."
The said bills being severally read and considered, Resolved, That the
Governor and Council do concur in passing the same respectively, and
Ordered, That the Secretary acquaint the house therewith.

A bill, passed in the house of Representatives, Entitled " An act
granting the exclusive right of a ferriage to John S. Larraby for the
term of ten years," was sent up for revision, &c. and being read, Re-
solved, That the Governor and Council do concur in passing said bill,
with the amendments accompanying the same, and that Mr- Jacob be

250 Governor and Council — November 1799.

requested to carry said bill to the house, and acquaint that body with
the reasons for|proposing the said amendments.

A bill, passed in the house of Representatives, Entitled " An act to
enable Allen Hayes and Abner Forbes to sell and convey all the real
estate of Lewis R. Morris West, a minor," was sent up for revision, &c.
and being read, Resolved, To concur in passing the same, with this
amendment, that the word "two " be erased before the word " thousand,"
in the eleventh line of the 2d- Section, and insert in lieu thereof the word
" three;" and Mr- Jacob requested to inform the house of the reasons for
the same.

On motion, Resolved, That Mr Miller be appointed a Committee to
make out and receive the Debenture of Council.

On motion, Resolved, That Mr- Allis be a Committee to join such
members as the house of Representatives may appoint to receive and
distribute the Election Sermons, and the Proclamations for a Thanks-
giving.

The following bills, passed in the house of Representative, were sent
up for revision &c. viz. "An act to revive an act Entitled 'An act
assessing a tax of two cents per acre on the town of Plain field, late S*-
Andrew's Gore, for the purpose therein mentioned;'" " An act empow-
ering Zebulon Spaulding and Martha Davis, Administrators to the Es-
tate of David Davis, late of Hubbardton, deceased, to convey certain
lands therein mentioned;" "An act assessing aland tax on the town-
ship of Wiuhall in the County of Bennington;" "An act directing the
Treasurer of this State to credit the town of Bethel the sum therein
mentioned;" and "An act empowering the Committee appointed on a
land tax in the town of Stowe to publish new advertisements." The
said bills being severally read and considered. Resolved, To concur with
the house in passing the same respectively.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr Chipman, member of the house of Representatives, appeared in
the Council Chamber and stated that he was requested to acquaint the
Governor and Council that there was no business pending before the
house.

Mr- Witherell, member of the house, returned the resolution passed in
Council this morning, relative to the distribution of the Election Ser-
mons and Proclamations for a Thanksgiving, with this order of that
body thereon, viz.

" In General Assembly, Nov1-- 4, 1779.

Resolved, That the house do not concur in the said resolution, and
that Mr Witherell wait upon the Governor and Council and inform them
of the reasons of their nonconcurrence.

Attest, Saml- C. Crafts, Clerk."

Mr- Witherell stated that the house had anticipated the business con-
templated by said resolution, and a distribution of the Sermons and Pro-
clamations had been made accordingly, and then he withdrew.

A bill passed in the house of Representatives, Entitled "An act di-
recting the Treasurer of this State to pay to the Proprietors of Salem
the sum therein mentioned," was sent up for revision &c. and the same
being read, Resolved, To concur in the passing of the same, with this
proposal of amendment, viz. That after the word "repay," in the 3rd line
of the 1st Section, erase the whole of the residue of the said bill and in-
sert these words, to wit, "unto the original proprietors of said Salem,
their Heirs, Executors, Administrators or certain Agent or Attornies, his,
her, or their proportions of the said sum of 536 66|ioo dollars after the
first day of August next, taking his or her receipt or discharge for the

Governor and Council — November 1799. 251

same," and Mr- Jacob was appointed to inform the house of the reasons
of Council in proposing the said amendment.

The Council resumed the consideration of the bill Entitled u An act
directing the publishing of advertisements in the Newspapers therein
mentioned," & Resolved, To concur in passing the same, with the pro-
posal of amendment accompanying the same.

The bill Entitled " An act to repeal an act passed in Oct. 1794, direct-
ing the uses of the rights of land in this State heretofore granted by the
British Government as Glebes for the benefit of the Church of England
as by their Law established," was again read and considered, & Resolved,
That the accompanying proposal of amendment be proposed to be ad-
ded to the bill, in lieu of the former one to which the house had noncon-
cured.

The following bills, passed in the house of Representatives, were
sent up for revision and concurrence or proposals of amendment, viz.
" An act to pay His Excellency the Governor of this State the sum
therein mentioned;" "An act granting to Ezra Butler, Jabez Jones,
George Kennan and their Associates, the exclusive priviledge of build-
ing a toll Bridge over Onion River against Waterbury;" u An act in ad-
dition to ' an act relating to Goals and Goalers, and for the relief of
persons imprisoned therein;' " u An act directing the Treasurer of this
this State to pay to William Rice, eight Dollars and Twenty Cents;"
" An act directing the Treasurer of this State to pay the sum of money
hereinafter mentioned;" " An act reviving an act assessing a tax of two
cents per acre on the town of Braintree;" and "An act for the relief of
the town of Springfield, as therein mentioned." The said bills being
severally read and considered, Resolved, To concur in passing the same
respectively, and ordered, That the Secretary inform the house there-
with.

The Council adjourned untill 9 O'clock tomorrow morn.

Tuesday, November 5th- 1799, 9 O'clock A. M.

Council met pursuant to adjournment.

On motion of Mr- Todd, Resolved, that all and singular the votes, res-
olutions and proceedings on the bill sent up from the house of represent-
atives, on the 2nd- Ins*- Entitled " An act directing the publishing of
advertisements in the newspapers therein mentioned," done or had
thereon yesterday, be and hereby is and are reconsidered. Ordered,
That the said bill be referred to Mr Todd for amendment. Mr- Todd
reported sundry amendments, which were read and accepted, whereupon
Resolved, To concur in passing said bill with the said proposals of
amendment, and Mr- Todd was appointed to inform the house of the
reasons of Council in proposing them.

Resolved, the house of Representatives concurring therein, that Mr-
Brigham and Mr- Jacob be a Committee on the part of Council to join
such Committee as may be appointed on the part of the house of Repre-
sentatives, as a Committee of conference on a bill now pending before
Council, Entitled " An act for the purpose of settling disputes respect-
ing landed property," and to confer on some mode of adjusting the
difference of sentiment in the two houses thereon. Ordered, That the
Secretary carry the said resolution to the house, which was directly
returned with this order thereon :

" In General Assembly, Nov. 5 1799.

Resolved, That Mr- G. Olin, Mr Butler, Mr Harrington, Mr- Shumway
and Mr- Porter do join the aforesaid Committee.

Attest, Saml- C. Crafts, Clerk."

252 Governor and Council — November 1799.

The following bills, passed in the house of Kepresentatives, were sent
up for revision and concurrence or proposals of amendment, viz. " An
act establishing a Corporation by the name of the Windsor and Wood-
stock Turnpike Company;" u An act for the relief of Zadock Hard and
others;" " Aa act suspending civil process against Eli Coggswell;" and
" An act to prevent the hawking and vending of Feathers, except in the
manner therein directed," and the same being severally read and con-
sidered, Resolved, To concur in passing the said bills respectively.

The following written messages were received from the house:

" In General Assembly, Nov. 4th- 1799.

The house have concurred in the amendments proposed to the bill
Entitled " An act establishing a County Grammar School at S4- Albans,
in the County of Franklin." Nov. 5, 1799, also concurred in the amend-
ments proposed to the act relative to the Glebe lands in this State.

Attest Saml- C. Crafts, Clerk:'

"In General Assembly Nov. 5, 1799.

The bill entitled " An act in addition to an act directing the mode of
publishing advertisements," returned from Council by Mr Todd with
proposals of amendment, which were read and Concurred.

Attest, Saml- C. Crafts, CZfc."

Mr Chipman, member of the house of Representatives, appeared in
Council and returned a bill Entitled " An act directing the Treasurer of
this State to pay the proprietors of Salem the sum therein mentioned,"
to which amendments had been proposed by the Council, with this en-
try thereon, viz.

" In General Assembly Nov. 4, 1799.

The foregoing amendments were read — Resolved, that the house do
do not concur in the said amendments, and that Mr Chipman be re-
quested to return said bill and amendments to the Governor and Coun-
cil, and state the reasons of the nonconcurrence of the house.

Attest, Saml- C. Crafts, Clerk:''

And after stating the reasons of the house, Mr- Chipman withdrew. The
said bill and amendments being further considered, Resolved, That the
(governor and Council do rescind from their former amendments, and
concur in passing the said bill. Ordered, That the Secretary acquaint
the house therewith.

A bill, passed in the house of Representatives, Entitled " An act reg-
ulating Collectors of land taxes in this State," was sent up for revision,
&c. and being read and considered, Resolved, To concur with the house
in passing the same, with the revision of the Title, so that it will read,
" An act directing the Collectors of land taxes in their office and duty."

Mr- Stanton, from the house, returned the bill Entitled " An act divid-
ing the State into districts for electing Representatives to the Congress
of the United States, and directing the mode of their election," which
originated and passed in Council, with this proposal of amendment an-
nexed to the same: in the 9th- line from the top, after " Western district,"
insert "for the purpose of electing a Representative to Congress;" and
after stating the reasons of the house in proposing the said amendment,
and requesting the concurrence of Council therein, he withdrew. The
said amendment being read and considered, Resolved, That the Gover-
ernor and Council do concur therein.

The following resolution, passed in the house of Representatives, was
sent up for revision, &c. viz.

" State of Vermont, In General Assembly, Nov. 5th- 1799.

Resolved, That the Senators and Representatives of this State, in the
Congress of the United States, be and they are hereby requested to use
their best endeavors that Congress propose to the Legislatures of the

Governor and Council — November 1799. 253

several States the following amendment to the Constitution of the Uni-
ted States, viz.

"That the Electors of President and Vice President, in giving their
Votes, shall, respectively, distinguish the person whom they desire to be
President, from the person whom they desire to be Vice-President, by an-
nexing the words " President," or " Vice-President," as the case may re-
quire, to the proper name voted for. And the person having the great-
est number of votes for Vice-President, if such number be a majority
of the whole number of Electors chosen, shall be Vice-President: and
if there be no choice, and if two or more persons shall have the highest
number of votes, and those equal, the Senate shall immediately choose,
by ballot, one of them for Vice President, and if no person shall have a
majority, then from the five highest on the list the Senate shall, in like
manner, choose the Vice President. The Votes shall be taken by States,
the Senators from each State having one vote. A quorum for this pur-
pose shall consist of a member or members from two thirds of the States,
and a majority of all the States shall be necessary to a choice. And in
case the Senators and Kepresentatives of this State in Congress shall
find that the aforesaid amendment is not conformable to the sentiments
of a constitutional majority of both Branches of the national legislature,
they are hereby requested so to modify the same as to meet the senti-
ments of such majority — Provided, however, that any amendment which
may be agreed on, shall oblige the Electors to designate the person they
desire to be President from the one they desire may be Vice-President.

"Resolved, That his Excellency the Governor be requested forthwith
to transmit the same to the Senators and Representatives of this State
in Congress, and also to transmit the same to the supreme Executive of
the several States."

Attest Saml- C. Crafts, Clerk."

The same being read and considered, on the question, will the Gover-
nor and Council concur with the house in adopting the said resolution ?
It passed in the affirmative.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr Brigham from the Committee of conference appointed this morn-
ing by the concurrent resolution of both houses, reported as follows :

u To the hon'ble both houses of the legislature now sitting : Your
Committee, to whom was referred the consideration of the bill, expressed
in the within resolution, report, That they have had a conference but
cannot agree upon any proposals whatever respecting said bill.

Paul Brigham for sd- Come- "

The Council resumed the consideration of the bill, brought from the
house of Representatives this morning, Entitled "An act for the pur-
pose of settling disputes respecting landed property." On motion,
Resolved, To rescind from the former fourth amendment, and to concur
in passing said bill with the further proposal of amendment transmitted
with the same to the house.

A bill, passed in the house of Representatives, Entitled " An act re-
lating to the Stage Road, as laid out by the Committee for that purpose,
thro' the Town of Hartland," was sent up for revision &c. and being
read, Resolved, That the Governor and Council do concur in passing
the same, with this proposal of amendment : after the four first words
in the first Section, erase the residue of the bill and insert the sections
accompanying the said bill in their stead.

His Honor the I> Governor in the Chair.

The following Letter and communication was received from his
Excellency the Governor. [Letter not entered on the journal]. The

254

Governor and Council — November 1799.

said letter being read, and the matter therein considered, Resolved,
That it is the advice of Council, That his Excellency make the arrange-
ments in the militia agreeably to the manner prescribed in the foregoing
letter.

His Excellency resumed the Chair.

A bill, passed in the house of Representatives, Entitled "An act
making appropriations for the support of government for the present
Session, and from thence to the session of the General Assembly in Oct.
1800, and for other purposes," was sent up for revision &c. and being
read, Resolved, To concur therein with certain proposals of amendment,
and Mr Todd appointed to acquaint the house with the reasons of Coun-
cil in proposing the same.

Mr- Blake, member of the house, returned the appropriation bill with
this order of that body on the same, viz.

" In General Assembly, Nov. 5th- 1799.

The within amendments, so far as it respects the extra Session of
Council, concurred, and the remainder nonconcured, and Mr Blake ap-
pointed to return the same to Council and state the reasons.

Attest, Saml- C. Crafts, Cleric:1

The said bill and amendments being again read and considered, Re-
solved, To rescind from the proposed amendments nonconcurred by the
house, and to concur in passing said bill. Mr- Todd appointed to ac-
quaint the house with the same.

Mr Miller reported the Debenture of Council which was read and ac-
cepted as follows, viz.

Travel.

Attendance.

Amount.

His Honor Paul Brigham I> Governor

20

27

$110.40

The hon'ble Elisha Allis

50

19

34.50

" John Bridgman

55

11

23.10

" William Chamberlin

80

17

35.10

" Stephen Jacob

1

27

40.62

" Luke Knoulton

48

20

35.76

" Ebenezer Marvin

150

22

51.00

" Solomon Miller

100

26

51.00

" Elijah Robinson

10

27

41.70

" Samuel Safford

85

14

31.20

" John Strong

90

27

51.30

" Abel Spencer

40

22

37.80

" Timothy Todd

45

27

45.90

" Jonas Galusha

78

2

12.36

Richard Whitney Secretary

50

27

73.50

William Rice Esqr- Sheriff of

Windsor County

15

25

39.30

John C. Waller, Deputy Sheriff

30

2

6.60

John Brown Do- Do-

20

2

5.40

Daniel Heald Do- Do-

20

2

5.40

Whole

Amount

$731.94

Mr- Lyon, member of the house, appeared in Council and returned the
bill Entitled " An act for the purpose of settling disputes respecting
anded property," with the following entry made thereon, viz.

u In General Assembly Nov. 5, 1799.
Returned from Council, with proposals of amendment, which being
read, the house nonconcurred and directed the same to be again sent to
the Governor and Council by Mr- Lyon.

Attest, Saml- C. Crafts, Clerk."

Governor and Council — November 1799. 255

The said bill with the amendments being again read and considered —
Resolved, [to suspend the passage of the bill until the next session of
the General Assembly.]

On motion, Resolved, That his Excellency be and he hereby is advised
to issue his proclamation for a day of humiliation, fasting and prayer
throughout this State, on such day as shall be appointed by the Presi-
dent of the United States, if he shall think expedient; and if no day
shall be appointed by the President, Then to issue his Proclamation on
such day as his Excellency shall think proper.

A bill, passed in the house of Representatives, Entitled " An act in
addition to an act entitled 'An act for the distribution of Laws, journals
and other papers,' " was sent up for revision &c. and being read, Re-
solved, To concur in passing the same, with certain proposals of amend-
ment transmitted with the same.

Mr- Davis, member of the house of Representatives, appeared in the
Council Chamber and informed the Governor and Council that the house
had concurred in the amendments proposed by the Governor and
Council to the act for the distribution of Laws, Journals and other
papers.

The Secretary of the Council failed to complete the record, and the
remainder is supplied from the journal of the House :

In Council, 5th Nov. 1799.

Resolved, the House of Representatives concurring therein, That the
House of Representatives meet the Governor and Council in the repre-
sentatives' room, immediately, for the purpose of adjourning without
day. Ordered, That the Secretary transmit the same to the House.

Mr. Nelson, a member of the House, informed the Council of the con-
currence of the House in the foregoing resolution ; whereupon, his
excellency the Governor and Council repaired to the House, and after
prayer by the chaplain, the sheriff of Windsor County adjourned the
legislature without day.

TWENTY- FOURTH COUNCIL

OCTOBER 1800 TO OCTOBER 1801.

Isaac Tichenor, Bennington, Governor.
Paul Brigham, Norwich, Lieut. Governor.

Councillors:

Samuel Safford, Bennington,
John Strong, Addison,
Luke Knoulton, Newfane,1
Ebenezer Marvin, Franklin,
Elijah Robinson, Weathersfield,
Wm. Chamberlain, Peacham,
Jonas Galusha, Shaftsbury,

Stephen Jacob, Windsor,
Timothy Todd, Arlington,
Abel Spencer. Rutland,2
Benjamin Burt, Westminster,3
Solomon Miller, Williston,
Elisha Allis, Brookfield.

Richard Whitney, Guilford, Secretary.
John Chipman, Middlebury, Sheriff.

1 Resigned, Oct. 21 1800.

2 Mr. Spencer probably removed from Clarendon to Rutland previous
to his election as Councillor in 1800.

8 Elected Oct. 21 1800, in place of Mr. Knoulton resigned.

Governor and Council — October 1800. 257

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT MIDDLEBURY,

OCT. 1800.

State of Vermont, ss.

Journal of the proceedings of the. Governor and Council of the State
of Vermont, at their Session begun and holden at Middlebury, within
and for said State, on the second Thursday of October, being the ninth
day of said month, in the year of our Lord one thousand eight hundred,
pursuant to the Constitution and Resolves of said State.

On which day appeared His Excellency Isaac Tichenor, Esquire, Gov-
ernor ; His Honor Paul Brigham, Esquire, L{ Governor ; Of the Coun-
cil, The Hon'ble Elisha Allis, John Bridgman, William Chamberlain,
Stephen Jacob, Luke Knoulton, Ebenezer Marvin, Solomon Miller,
Elijah Robinson, Samuel Safford and John Strong, Esquires. Richard
Whitney Secretary. John Chipman Esquire Sheriff of Addison County.

Resolved, That a Committee of Eive members be appointed to receive,
sort, and count the votes for Governor, L* Governor, Treasurer, and
Councillors for the year ensuing, to join such Committee as may be ap-
pointed by the house of Representatives, for that purpose. Members
Chosen, Mr- Robinson, Mr Knoulton, Mr Chamberlain, Mr Miller and
Mr- Allis.

The aforesaid Committee, personally appearing before the Governor
and Council, were severally and duly sworn to the faithfull discharge of
their trust. Ordered, That the Secretary acquaint the house therewith.

The Council adjourned to 4 o'clock P. M.

4 O'clock P. M.

Mr- Hay, Member of the house of Representatives, appeared in Coun-
cil and delivered the following message: — "May it please your Excel-
lency, I am directed by the house of Representatives, to acquaint your
Excellency and the hon'ble Council that the Committee appointed by a
concurrent resolution of both houses, to receive, sort and count the
Votes for Governor, L' Governor, Treasurer and Councillors for the
year ensuing, are now prepared to report, and therefore request the Gov-
ernor and Council to meet the house of Representatives immediately, in
the Representatives' room, to hear the same." — And he withdrew.

Whereupon, Resolved, That the Governor and Council do immediately
proceed to the house of Representatives for that purpose.

The Governor and Council, accordingly, joined the house of Repre-
sentatives, agreeably to the foregoing message and resolve thereon,
when the following report was handed in by the Chairman of said Com-
mittee, viz.

"To the hon'ble General Assembly, now sitting, — Your Committee, ap-
pointed to receive, sort and count the Votes for Governor, L1- Governor,
&c. report as follows: That His Excellency Isaac Tichenor is elected Gov-
ernor— His Honor Paul Brigham, L*- Governor — That no person has a

17

258 Governor and Council — October 1800.

majority of Votes for Treasurer — That Samuel Safford, William Cham-
berlain. Ebenezer Marvin, John Strong, Stephen Jacob, Elijah Robin-
son, Solomon Miller, Luke Knoulton, Elisha Allis, Timothy Todd,
Jonas Galusha and Abel Spencer Esquires are elected Councillors.

Luke Knoulton Chairman.

Middlebury Oct. 9, 1800."

The said report being read, John Chipman Esquire, Sheriff of the
County of Addison, by public proclamation, declared said officers sever-
ally and duly elected to their several offices, by the suffrages of the
1 Freemen.'

The Governor and Council returned to their Chamber, and adjourned
untill 9 O'clock tomorrow morning.

Friday, October 10th- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr Galusha, elected a member of the Council, appeared in the Council
Chamber and declaring his acceptance of the appointment of Councillor
and taking the necessary oaths, was admitted to a seat.

Adjourned to 2 O'clock F. M.

2 O'clock P. M.

Mr- J. Robinson, member of the house, appeared in Council and de-
livered this message :

"May it please your Excellency, The house of Representatives have
organized, are ready to proceed to business, and to hear any communica-
tions from the Executive" — and he withdrew.

Ordered, by his Excellency, That the Secretary acquaint the house of
Representatives, that the Governor, accompanied by the Council, will
immediately wait on the house, in the Representatives' room, and make
his communication, or at such time as shall be agreeable to the House.

His Excellency, accompanied by the Council, then proceeded to the
house of Representatives and delivered the following speech to both
branches of the Legislature. — [For the speech, see Appendix J.]

The Governor and Council then returned to their Chamber and ad-
journed to 9 O'clock tomorrow morning.

Saturday October 11th- 1800, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following resolution was sent up from the house of Representa-

tives, viz.

1 From Spooner's

Vermont Journal of Oct.

27 1800 :

Aggregate statement

of Votes by Counties for

Governor.

Counties.

Isaac Tichenor.

Israel Smith.

Scattering.

Bennington,

470

887

42

Windham,

1014

273

27

Rutland,

634

1010

81

Windsor,

955

215

16

Addison,

660

409

74

Orange,

Chittenden,

734

280

44

Caledonia,

657

20

10

Franklin,

529

175

48

Orleans,

113

14

1

6444 3239 380

Governor and Council — October 1800. 259

" State of Vermont, In General Assembly, Oct- 10, 1800.

Eesolved, That Mr- Robinson, Mr- S. R. Bradley, Mr- Witherell, Mr-
Jacob Smith, Mr- Chipman, Mr- Niles, Mr Hay, Mr- Beardsley, Mr- E.
Sheldon and Mr- Crafts be appointed on the part of the house, jointly
with such Committee as may be appointed on the part of the Council, to
enquire whether any and what amendment ought to be made to an act
entitled " An act regulating Goals and Goalers, and for the relief of
persons imprisoned therein." Extract from the Journals.

Attest Saml- C. Crafts, Clerk pro tern."

Which resolution being read and considered, Resolved, That M1'- Ja-
cob do join the aforesaid Committee.

A petition from the inhabitants of Northfield and towns adjacent,
praying for a tax of two cents on each acre of land in said town, for the
purpose of making and repairing roads, was sent up from the house of
Representatives, with this order entered thereon:

" In General Assembly, Oct. 10, 1800.

Read and referred to Mess8- Canfield, Hunt, Wells, Cleaveland, Slade,
Jonathan Fisk, Stanton, Elkins, Pomeroy and Stanley, to be styled the
first land Tax Committee, to state facts and make report.

Attest S. C. Crafts, Clkpro tem."

The said petition and proceedings thereon being read, Resolved, That
Mr- Galusha do join the aforesd- Committee.

Petitions from the Selectmen of Fletcher, the inhabitants of Avery's
Gore, and the inhabitants of Warren, praying for a tax on said towns
and gore for the purpose of making and repairing roads and building
bridges, were sent up from the house of Representatives with this order
on each:

" In General Assembly, Oct. 10th- & 11th- 1800.

Read and referred to the first land tax committee to state facts &c.
Attest Saml- C. Crafts, Clkpro tern"

The said petitions being severally read and considered, Resolved,
That the same be referred accordingly.

The following resolution was received from the house, viz:

" In General Assembly, Oct. 11, 1800.

On motion, Resolved, that his Excellency the Governor and Council
be requested to meet the house of Representatives, in the Representa-
tives' room, in joint Committee, at eleven O'clock this forenoon, for the
purpose of electing a Treasurer for the year ensuing. Extract from the
Journals of the General Assembly.

Attest Nathan Osgood Clerk."

The aforesaid resolution being read, Resolved, That the Governor and
Council do concur therein.

The Governor and Council immediately proceeded to the Representa-
tives' room and met the house in joint Committee agreeably to the
aforesaid concurrent resolution of both houses for the purpose of elect-
ing a Treasurer for the year ensuing.

On motion, Resolved, That his Excellency the Governor, and in his
absence his Honor the I> Governor, be Chairman whenever the two
branches are in joint Committee; and the Secretary of State, and in his
absence the Secretary of the Governor and Council, or Clerk of the
house of Representatives, be Clerk of such Committee.

The Committee then proceeded to the business for which they had
met, and the ballots being taken and examined, Benjamin Swan,
Esquire, had a large majority of the Votes — When John Chipman,
Esquire, Sheriff of the County of Addison, declared the said Benjamin
Swan, Esquire, duly elected Treasurer within and for the State of Ver-

260 G-overnor and Council — October 1800.

mont, for the year ensuing, by the joint ballot of the Council and Gen-
eral Assembly.

The Committee of both houses then dissolved, and the Governor and
Council returned to their Chamber and Adjourned to 10 O'clock on
Monday morning.

Monday, 13 October 1800, 10 O'clock A. M.

The Council met pursuant to adjournment.

Benjamin Swan Esquire, Treasurer of the State of Vermont, having
executed his bond agreeably to Law before entering on the duties of
his office, personally appeared and took the oath of office prescribed by
the Constitution, and also the Oath to support the Constitution of the
United States, which were administered to him by his Excellency the
Governor.

A Petition from the Trustees of Addison County Grammar School,
praying that a College may be established at Middlebury and to grant
a Charter of Incorporation to such Trustees as shall be appointed,
giving the same rights and privileges as are exercised and enjoyed by
the Corporations and Trustees of other Colleges and Universities, was
sent up from the house of Representatives with this entry made thereon,
viz.

"In General Assembly, Oct. 11, 1800.

Read and referrred to Mess8- Robinson, S. R. Bradley, Witherell,
Perry, Johnson, Janes, Dunbar, and Stanley, to join a Committee from
Council, to report by bill or otherwise.

Attest Nathan Osgood Clk."

The said petition with the order of the house thereon being read,
Resolved, That Mr Safford and Mr Jacob do join the aforesaid Committee.

On motion of L*- Gov. Brigham, Resolved, That the rules adopted by
Council at their last session, on the sixteenth day of October 1799, be
adopted for the regulation of Council the year ensuing.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Council met pursuant to adjournment, and having no business
before them, Adjourned untill 9 O'clock Tomorrow morning.

Tuesday, October 14th 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

His Excellency stated to the Council that, by the Journals of the Sen-
ate of the United States, which had been furnished him as Governor, one
of the seats on the part of this State in the Senate of the United States
will become vacant on the third day of March next.

Whereupon, on motion, Resolved, The house of Representatives con-
curring therein, that two O'clock this afternoon be agreed upon as the
time for the Governor and Council and General Assembly to meet in
their respective houses and each ballot for a Senator to supply the seat
on the part of this State in the Senate of the United States, which will
become vacant on the third day of March next — And that the two
houses immediately thereafter convene in joint Committee in the Rep-
resentatives' room, and proceed agreeably to law. Ordered, by the Gov-
ernor, that the Secretary inform the house of Representatives of the
communication made by him to the Council. Ordered, further, by the
Governor and Council," that he carry down the aforesaid resolution to
the house of Representatives & request their concurrence therein.

Governor and Council — October 1800. 261

A bill, Entitled " An act for the purpose of erecting a work house in
this State," referred from the last Session of the Legislature, was sent
up from the house of Representatives with this order entered thereon:

" In General Assembly Oct. 13, 1800.

Read and referred to Mess8- Can field, Cutler, Hammond, Perry, Thomp-
son, Niles, Bottom, Cahoon, Barlow & Strong, to join a Committee from
Council, state facts & make report.

Attest Nathan Osgood Clk."

The said bill with the proceedings of the house thereon being read,
Resolved, That Mr- Strong do join the aforesaid Committee.

The Petition of Joel Marsh, Elias Stevens and George Dana, praying
that the Legislature will pass an act granting to them and their asso-
ciates the exclusive privilege of making a Turnpike Road from the
mouth, and on the northerly side of White River as near said River as
may be, through Hartford, a corner of Pomfret and Sharon, to the mouth
of the second branch in White River in Royalton, being about twenty one
miles, under such regulations as shall be thought best, [was sent up from
the house] with this order thereon:

"In General Assembly Oct. 13th- 1800.

Read and referred to Mess- Wright, Hammond, Allen, Jacob Smith,
Thompson, Kingsbury, Lyon, Grow, E. Sheldon, and Hinman to join
from Council, state facts, and report their opinion thereon.

Attest Nathan Osgood Clerk."

And being read with the proceedings of the house thereon, it was Re-
solved, That Mr Brigham do join the aforesaid Committee.

A petition from the Inhabitants and landowners of Weston, praying
for a tax of three Cents on each acre of land in said town, public lands
excepted, for the purpose of making and repairing as well the County
as the town roads leading thro' said town — and also a petition from the
inhabitants & landowners of Chittenden, praying that an act may pass
granting a tax of two cents on each [acre] of land in said town, public
rights excepted, to repair roads and build bridges in said town, were
sent up from the house of Representatives, with this order on each:

u In General Assembly, Oct. 11th 1800.

Read and referred to the land tax Committee to state facts &c.

Attest, Nathan Osgood Clerk."

And the same being read, with the proceedings of the house thereon,
respectively, it was Resolved, to concur in the said reference.

A Petition from the Inhabitants and landowners of Andover, to pass
an act granting a tax of two cents on each acre of land in said town,
public lands excepted, for the purpose of repairing a certain road in
said town, was sent up from the house of Representatives with this order
on the same:

" In General Assembly, Oct. 11, 1800.

Read and referred to Mess8- G. Bradley, D. Jewett, Train, Russ,
Hanks, Curtiss, Eln- Keyes, A. Bliss, Larraby & Chapin, to join a
Committee from Council, to be styled the Second Land Tax Committee,
to state facts &c. Attest, Nathan Osgood Clerk."

The aforesaid petition and the proceedings of the house thereon being
read, Resolved that Mr Marvin do join the aforesaid Committee.

A Petition from the Inhabitants and Landowners of Mount-holly,
praying that a tax of two cents on each acre of land in said township
may be granted, except on public rights, to defray the expense of
making a public road thro' said town as laid out agreeably to the direc-
tion of a certain act, passed at October Session 1799. A Petition from
the proprietors and landowners of the township of Killington [Sher-
burne,] praying the Legislature to pass an act granting a tax of one cent

262 Governor and Council — October 1800.

per acre on all the lands in said township, public rights excepted, for
the purpose of making repairs on the roads in said Township; A peti-
tion from a number of the inhabitants of the town of Reedsboro', pray-
ing that the Legislature will grant a tax of two cents on the acre on all
the lands in said township, public rights excepted, for the purpose of
making and repairing roads and building bridges in said town; and a
petition from the proprietors and landowners of the town of Fairfax,
praying the Legislature to grant a tax of two cents on the acre on all
the lands in said town, public rights excepted, for the purpose of making
and repairing roads and building bridges, were sent up from the house
of Representatives with this order on each:

" In General Assembly Oct. 13, 1800.

Read and referred to the Second land tax Committee."

Attest Nathan Osgood Clerk.1'

The aforesaid several petitions and the proceedings of the house on
the same respectively being read, Resolved, That the Council do concur
therein.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Hon'ble Timothy Todd, and the Hon'ble Abel Spencer, Esquires,
elected members of Council, appeared in the Council Chamber and
declaring their acceptance of the appointment of Councillors and taking
the necessary oaths, were admitted to their seats.

On motion of Mr- Jacob, Resolved, The General Assembly concurring
therein, that the two houses meet in the Representatives' room, at the
opening of the house tomorrow morning, in joint Committee, to choose
Judges of the Supreme Court for the year ensuing. Ordered, That the
Secretary carry the said resolution to the house.

The resolution which was sent to the house of Representatives in the
morning, relative to the choice of a Senator in Congress, was returned
with this order endorsed thereon, viz.

" In General Assembly, Oct. 14, 1800.

Read and resolved, that the house do not concur in the foregoing res-
olution. Attest Nathan Osgood, Clerk."

The following resolution was sent up from the house :

" In General Assembly, Oct. 14, 1800.

Resolved, His Excellency the Governor and Council concurring
therein, That nine o'clock on Friday morning next be agreed upon as
the time for the Governor and Council and general Assembly to meet
in their respective houses and each ballot for a Senator to represent this
State in the Congress of the United States, to supply the seat on the
part of this State in the Senate of the United States which will become
vacant on the third day of March next, and that the two houses imme-
diately thereafter convene in joint Committee in the representatives'
room and proceed agreeably to Law. Extract from the Journals.

Attest Nathan Osgood, Clerk."

Which was read, and Ordered, That it lie on the table.

The Council adjourned untill 9 O'clock Tomorrow morning.

Wednesday, October 15, 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The resolution, sent to the house of Representatives yesterday, rela-
tive to the election of Judges of the Supreme Court of Judicature, was
returned to the Council with this entry made thereon :

Governor and Council —October 1800. 263

" In General Assembly Oct. 14, 1800.

Resolved, that this house do concur in the foregoing resolution.

Attest Nathan Osgood, Clerk.11

On motion, Resolved, That the Governor and Council do immediately
proceed to the representatives' room for the purpose mentioned in the
above resolution. Agreeably to the concurrent resolution of both
houses, the Governor and Council and house of Representatives met, in
the Representatives' room, in joint Committee, for the purpose of elect-
ing the Judges of the Supreme Court of Judicature for the year ensuing.
His Excellency in the Chair — Roswell Hopkins Secretary of State,
Clerk. The ballots being taken for the Chief Judge & examined, The
hon'ble Enoch Woodbridge Esq1"- had a majority of all the votes. The
ballots being taken for the first assistant Judge and examined, The
hon'ble Lot Hall Esqr- hnd a majority of all the votes. The ballots being
taken for the Second Assistant judge and examined, The hon'ble Noah
Smith Esqr- had a majority of all the votes — When John Chipman
Esquire, Sheriff of Addison County, by proclamation, declared the
aforesaid Gentlemen duly elected to their respective offices by the joint
ballot of both houses. The Committee then dissolved and the Governor
and Council returned to the Council Chamber.

Mr- Jacob called up the resolution, sent up from the house of Repre-
sentatives, relative to the appointment of a Senator to represent this
State in the Congress of the United States — and the same being read
and considered, Resolved, That the Council do concur therein, with this
amendment, that instead of the words " nine O'clock on Friday morning
next," these be inserted in lieu thereof, " two O'clock this afternoon."
Ordered, That the Secretary carry said Resolution to the house.

On motion of Mr Robinson, who was in the affirmative of the pre-
ceeding resolve, Resolved, That the same be and hereby is reconsidered,
and that the Governor and Council do concur with the house in the said
resolution, and Ordered, That the Secretary acquaint the house there-
with.

Adjourned to 2 o'clock P. M.

2 O'clock P. M.

The following resolution was sent up from the house of Representatives:

" In General Assembly Oct. 15, 1800.

"Resolved, the Governor and Council concurring therein, that the
members of both houses meet in County Conventions at 4 O'clock this
afternoon, for the purpose of making nominations of the County officers
of the respective Counties, and that both houses meet in grand Com-
mittee, at the opening of the house tomorrow morning, for the purpose
of receiving sucli nominations and acting thereon. Extract from the
Journals. Attest Nathan Osgood Clk11

The aforesaid resolution being read and considered, Resolved that the
Governor and Council do not concur therein. Ordered, That Mr Spen-
cer do return said resolution to the house of Representatives and assign
the reasons of such nonconcurrence.

Resolved, The house of Representatives concurring therein, that the
house of Representatives meet the Governor and Council in joint Com-
mittee at three O'clock this afternoon, in the Representatives' room, for
the purpose of appointing a time when the members of the several
Counties will meet in Convention to make the nomination of the
County officers in their respective Counties — and also, to agree on a
time when to receive such nominations and make the County Elections
for the year ensuing. Ordered, That the Secretary carry the same to
the house.

264 G-overnor and Council — October 1800.

The foregoing resolution was returned by an officer of the house with
this order entered thereon:

" In General Assembly Oct. 15, 1800.

Read and concurred in the foregoing resolution.

Attest Nathan Osgood CZfc."

At three O'clock the Governor and Council proceeded to the Repre-
sentatives' room and met that body in joint Committee for the purposes
expressed in the foregoing resolution, and having compleated the same,
Governor and Council returned to their Chamber & Adjourned untill 9
O'clock tomorrow morning.

Thursday, October 16th- 1800, 9 O'clock A. M.
The Council met pursuant to adjournment, and pursuant to the con-
current resolution of both houses met the house of Representatives'in
joint Committee in the Representatives' room for the purpose of receiv-
ing the County nominations, and appointing the officers of the several
Counties for the year ensuing, in which business the joint Committee
were employed untill afternoon, when the Governor & Council returned
to their Chamber and adjourned untill 9 o'clock tomorrow morning.

Friday, October 17th- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

Ordered, That the Secretary acquaint the house of Representatives
that agreeably to the concurrent resolution of both houses, the Council,
in their chamber, are ready instantly to proceed to ballot for a Senator
to represent this State in the Congress of the United States.

Mr- Robinson, member of the house of Representatives, appeared in
the Council Chamber and informed the Council that the house of Rep-
resentatives will immediately proceed to the choice of a Senator to
represent this State in the Congress of the United States — and he
withdrew.

Whereupon — Resolved, That the Governor and Council do at this time
ballot for a Senator agreeably to the said concurrent resolution of both
houses, passed on the J 5th- Instant. The ballots being taken and exam-
ined, The hon'ble Elijah Paine Esquire had a majority of all the votes.

Mr- Lyon, member of the house of Representatives/appeared in Coun-
cil and delivered the following message, viz.

"May it please your Excellency, I am directed to inform your Ex-
cellency and the hon'ble Council, that the house of Representatives
have balloted for a Senator, agreeably to the concurrent resolution of
both houses, and are now ready to convene in joint Committee and pro-
ceed according to Law" — and he withdrew.

Whereupon, Resolved, That the Governor and Council do immediately
proceed to the Representatives' room for the above purpose. The Gov-
ernor and Council having met the house of Representatives in their
room in joint Committee, — His Excellency in the Chair— Roswell Hop-
kins, Sec^ of State Clerk — When the above proceedings of the Governor
and Council were read by their Secretary, and the following proceedings
of the House of Representatives were read bv their Clerk, viz:

" In General Assembly, Oct. 17, 1800.

Agreeably to the order of the day, the Speaker called on the house to
bring in their ballots for the person whom they would nominate as Sen-
ator to represent this State in the Congress of the United States [to
supply the place] which will become vacant on the third day of March

G-overnor and Council — October 1800. 265

next. The ballots being taken and examined, The hon'ble Elijah Paine,
Esquire, had a majority of all the votes.

Attest Nathan Osgood Clerk."

And it appearing that the hon'ble Elijah Paine Esqr- had a majority of
all the votes, in both branches of the Legislature, he was declared
duly elected a Senator to represent this State in the Congress of the
United States, and to supply the seat in the Senate of the United States
on the part of this State which will become vacant on the third day of
March next— and John Chipman Esqr- Sheriff of Addison County made
public proclamation of the same, in the presence of both houses, by
direction of his Excellency the Governor. The Governor and Council
then returned to their Chamber, and adjourned untill 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Eepresentatives, Entitled "An act
transferring the monies, papers &c. from the late to the present Treas-
urer," was sent up for revision and concurrence or proposals of amend-
ment, and being twice read, Resolved, To concur with the house in
passing the same into a Law.

A petition from David Wing Junr- and Charles Buckley, agents for a
number of the inhabitants of Montpelier and towns adjacent, praying that
the Legislature would pass an act incorporating them into a body politic
in the usual form, for the purpose of erecting and supporting an Acad-
emy at Montpelier at their own expense, was sent up from the house of
Eepresentatives with this entry made thereon :

" In General Assembly Nov. 17, 1800.

Read and referred to the Committee appointed on the petition of
Gamaliel Painter and others, Trustees of Addison County Grammar
School, to state facts &c. Attest Nathan Osgood, Clerk."

Which was read, with the proceedings of the house thereon, & Re-
solved, That the Council do concur in the said reference.

A petition from Charles Goodrich, Agent of the Proprietors of Pitts-
field and Hancock, stating that they have before purchased of the Legis-
lature a tract of land making now the towns of Hancock and Pittsfield,
supposed at the time to contain thirty three thousand acres, and paid for
the same at the rate of thirty Dollars per right, whereas the aforesaid
tract in fact contained only nineteen thousand acres, and having no
remedy, praying that the premises may be taken under consideration
and relief granted, agreeably to justice and equity, was sent up from the
house of Representatives with this order endorsed thereon :

" In General Assembly, Oct. 17, 1800.

Read and referred to Mess. Sheldon, Clark, Horton, Elias Keyes, M.
Smith, Curtiss, Eln- Keyes, Royce & Hinman, to join a Committee from
Council, to state facts &c. Attest Nathan Osgood, Clerk."

Which was read, and it was Resolved, That Mr Spencer and Mr- Allis
do join the aforesaid Committee.

A petition from the Inhabitants and Proprietors of Enosburgh, pray-
ing that the outlines of said town as run by the Surveyor General may
be established, and that the Legislature will grant to the Proprietors all
the land therein contained which has not been granted, under regula-
tions, conditions &c, was sent up from the house of Representatives
with this entry made thereon :

" In General Assembly Oct. 17, 1800.
Read and referred to Mess8- Finney, Taylor, Hammond, Hawkins, Eno,
Porter, 13. Harrington, Joel Roberts, Rrigham and Chapiu to join &
state facts &c. Attest Nathan Osgood, Clerk."

266 Governor and Council — October 1800.

Which was read, and it was Resolved, That Mr- Chamberlain do join
the aforesaid Committee.
The Council adjourned untill 9 O'clock tomorrow morning.

Saturday, October 18th- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

Resolved, That the following articles be added to the rules of Council:

That no persons except Judges of the Supreme Court of Judicature,
and of the District Court, Marshall of the District, Members of Con-
gress, Treasurer of the State, the Auditors of Accounts against this State
and in the Treasury department, and the Clergy, shall be admitted on
the Floor of the Council Chamber during its sittings, unless introduced
by a member or by some officer of Council.

That when any member of the house of Representatives shall appear
at the door of the Council Chamber to deliver a message, such appear-
ance shall be announced by the officer attending on Council; and all
business shall cease while such message is delivering and untill such
member shall withdraw.

Ordered, That the Engrossing Clerk copy said articles, and that they
be posted on the door of the Council Chamber.

A bill, passed in the house of Representatives, Entitled an act estab-
lishin a division of the township of Lutterloch, was sent up for revision
&c. and being read and considered, Resolved, To concur with the house
in passing said bill, & Ordered that the Secretary inform the house of
the same.

The following resolution was sent up from the house of Representatives:

" In General Assembly Oct. 18, 1800.

Resolved, that a Committee of three be appointed, to join a Committee
from Council, to prepare and lay before the house a bill empowering the
Guardians of Minors to sell the real estate of Minors in certain cases
under the direction of the Judges of Probate of the several districts in
which such property is situated. Members chosen — Mess8- Witherell,
Eln- Keyes and Bottom. Extract from the Journals.

Attest, Nathan Osgood Clk."

Which resolution was read, and it was Resolved, That Mr- Strong and
Mr Robinson do join the aforesaid Committee.

Ordered, That the Secretary wait on the house of Representatives and
enquire whether they propose sitting this afternoon — and if they
should, that the Council wish to be informed; and if any resolutions or
orders have past, appointing Committees in which a junction with
Council is requested, that such resolutions and orders may be forwarded
to the Council Chamber as soon as possible.

Mr- Eln- Keyes, member of the house of Representatives, appeared in
the Council Chamber and delivered this message: "Mr- Chairman, The
house of Representatives have resolved not to sit this afternoon — and
such resolutions and orders as have passed the house, appointing Com-
mittees in which a junction is requested from the Council, will be by
the proper Officers immediately sent up " — and he withdrew.

The Petition of Silas Hathaway and others, praying for the establish-
ment of a University at S1- Albans, with all the privileges of an Univer-
sity, was sent up from the house of Representatives with this order
thereon:

"In General Assembly Oct. 17, 1800.

Read and referred to the Committee on the Petition from Middlebury

Governor and Council — October 1800. 267

praying for a College &c. except the member from the County of Frank-
lin, to join a Committee from Council, to state facts &c.

Attest Nathan Osgood Clerk."

And being read, Resolved To concur in the said reference.
Eesolved, that Mr- Jacob have leave of Absence from Monday next
untill Thursday next.

The following resolution was sent up from the house of Representa-
tives:

"In General Assembly Oct. 18, 1800.
Resolved, that his Excellency the Governor be requested to appoint
the first Thursday in December next as a day of public Thanksgiving
throughout this State. Extract from the Journals.

Attest, Nathan Osgood. Clerk."

Which was read and Ordered to lie on the table.

The petition of William Thorp of Ireland, a subject of his Brittannic
Majesty, praying that he may hold certain lands and real estate to
which he holds claim by virtue of a deed from his brother John Thorp,
late of Charlotte, in the County of Chittenden, Merchant, deceased, was
sent up from the house of Representatives with this order thereon :

"In General Assembly, Oct. 18, 1800.
Read and referred to Mess8- Thompson, Gallup and Lyon, to join a
Committee from Council, to state facts and make report.

Attest, Nathan Osgood, Clerk."

And being read, Resolved, That Mr Robinson join the aforesaid Com-
mittee.

The petition of Jacob Bayley and Jesse Leavensworth, in behalf of
themselves and their associates, by Asa King their Agent, praying that
they may have liberty to resign the Charter of the township of Danville,
and that his Excellency the Governor may be directed to issue to them
a new Charter agreeably to the true intent and meaning of the original
grant, and stating that the present Charter, from certain defects, cannot
be admitted as evidence in the courts of law, was sent up from the house
of Representatives with the following order entered thereon:

" In General Assembly Oct. 17, 1800.
Read and referred to Mess"- Chipman,T. Harrington and White, to join
a Committee from Council, state facts, &c.

Attest Nathan Osgood, Clerk."

Which petition and order of the house thereon being read, Resolved,
That Mr Galusha do join the aforesaid Committee.

A Petition from Elisha Ashley and Olive Rann, administrators on the
Estate of Joseph Rann, praying for liberty to sell real estate, was sent
up from the house of Representatives with this order thereon:

" In General Assembly Oct. 17, 1800.
Read and referred to the Committee appointed to draught a General
Bill empowering Administrators to sell the real estate of minors, to
state facts & make report. Attest Nathan Osgood, Clerk."

Which was read, and Resolved, To concur with the house in the said
reference.

A Petition from Theophilus Woodward and others, praying for liberty
to sell real estate, was sent up from the house of Representatives with
an entry on the same similar to the preceeding one, and on which the
Council made the same order.

A Petition from the inhabitants and proprietors of Glover, praying
that a Law may be passed establishing the last survey made in said town
as the allottment and division of s'1- town, was sent up from the house of
Representatives with this order thereon:

268 Governor and Council — October 1800.

" In General Assembly Oct. 17, 1800.

Read and referred to Mess8- Stanley, Sargeant and Crafts, to join a
Committee from Council, to state facts &c.

Attest Nathan Osgood, Clerk."

And the same being read, it was resolved, That Mr Safford do join the
aforesaid Committee.

A Petition from Anthony Pauling and others, praying that an addi-
tion may be made to the " Act to enforce the observation of the sab-
bath," was sent up from the house of Representatives with this order
thereon:

" In General Assembly, Oct. 18, 1800.

Read and referred to Mess8- Wood, Olin, Butler, Babcock, Chapin,
Nelson, Fisk, Spooner, Hunt and G. Bradley to join a Committee from
Council, to state facts &c. Attest Nathan Osgood, Clerk."

And the same being read, it was Resolved, That Mr- Knoulton do join
the aforesaid Committee.

A petition from Knight Sprague, stating that he is totally blind, and
praying the legislature to grant him relief by lottery, or in some other
way, was sent up from the house of Representatives with this order
thereon:

'• In General Assembly Oct. 17, 1800.

Read and referred to Mess8- Jewett, Kingsbury, and Bump to join a
Committee from Council, to state facts and make report.

Attest Nathan Osgood, Clerk."

And, the same being read, it was Resolved, That Mr- Marvin do join
the aforesaid Committee.

A petition from a number of Subscribers, praying for liberty to make
a turnpike road from the north line of Massachusetts thro' Bennington,
Manchester, Rutland, Middlebury, Burlington and S4- Albans to the
north line of Highgate in this State, was sent up from the house of Rep-
resentatives with this order thereon :

" In General Assembly Oct. 17, 1800.

Read and referred to the Committee appointed on the Petition pray-
ing for a turnpike road on White river, to state facts &c.

Attest Nathan Osgood, Clk."

And the same being read, Resolved, to concur with the house in said
reference.

A petition from Charles Marsh and Levi Mower praving that they
and their associates may be allowed the privilege of making a turnpike
road from Woodstock Court house to Royalton Meeting house, under
such regulations and restrictions as the General Assembly may think
proper, with an entry on the same similar to the one on the last pre-
ceeding petition, and on which the Council made the same order.

A petition from the proprietors and landowners of Huntington, and
Bud's and Avery's Gore, praying for a tax of two cents per acre on all
the lands within the original grant of New Huntington and Buel's and
Avery's Gore, public lands excepted, for the purpose of making and re-
pairing roads and building bridges in said town and gores, was sent up
from the house of Representatives with this order thereon:

"In General Assembly Oct. 17, 1800.

Read and referred to Mes8- D. Sheldon, Henry, Flagg, Elias Keyes
and D. Jewett to join &c. to state facts &c.

Attest Nathan Osgood Clerk."

And the same being read, it was Resolved, That Mr- Marvin do join
the aforesaid Committee.

A petition from a number of Subscribers, praying that they and their
associates may have a Charter granted them for laying out, surveying

Governor and Council — October 1800. 269

and turnpiking, under the usual regulations and restrictions in such
cases made and provided, a road thro' the Counties of Bennington and
Kutland, and A petition from Daniel Chipman and others, praying for
the liberty of erecting a turnpike road from Middlebury to Woodstock,
and also from the road leading from said Middlebury to Woodstock to
Royalton, and to incorporate the Petitioners that the object may be
carried into effect, were sent up from the house of Representatives with
this order on each:

" In General Assembly Oct. 18, 1800.

Read and referred to the Committee appointed on the Petition for a
turnpike road on White River, to state facts and make report.

Attest Nathan Osgood Clerk."

And the same being severally read, it was Resolved, to concur with
the house in their reference respectively.

The following resolution was received from the house of Represen-
tatives:

" In General Assembly Oct. 18, 1800.

Resolved, That his Excellency the Governor, with the advice of Coun-
cil, be requested to appoint the first Thursday in December next to be
observed as a day of public Thanksgiving and praise throughout this
State. Attest Nathan Osgood Clerk."

And the same being read and considered, Ordered, That it lie on the
Table.

Adjourned untill 9 O'clock Monday morning.

Monday October 20th- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled " An act
establishing a division of lands in the town of Ferrisburgh in the County
of Addison," was sent up for revision and concurrence or proposals of
amendment, and being read, Resolved, To concur with the house in
passing said bill into a Law.

A Petition from Jacob Adams, Keeper of the Goal in Woodstock in
the County of Windsor, stating that he has boarded one William Goss,
who was committed for theft, fifty one weeks to the 8th. of October
Instant, and who was convicted on three indictments at the last term of
the Supreme Court in said County, and praying relief in the premises,
was sent up from the house of Representatives with this order thereon:

"In General Assembly Oct. 18, 1800.

Read and referred to Mess8- Curtiss, Cutler and Jacob Smith, to join a
Committee from Council, to state facts and make report.

Attest Nathan Osgood Clerk."

And the same being read, it was Resolved, That Mr- Knoulton do join
the aforesaid Committee.

A petition from a number of persons, praying for the reduction of the
dams and the removal of obstructions on Otter Creek and Lemon-Fair,
was sent up from the house of Representatives with this order thereon:

"In General Assembly Oct. [18,] 1800.

Read and referred to Mess8- Spooner, Theophilus Harrington and
Seeley, to join a Committee from Council, to state facts and make report.

Attest Nathn Osgood Clerk."

And the same being read, Resolved, That Mr- Allis do join the afore-
said Committee.

Adjourned to 2 o'clock P. M.

270 Governor and Council — October 1800.

2 O'clock P. M.

The following resolution was sent up from the house of Representatives:
" In the House of Representatives, Oct. 20th' 1800.

Resolved, that a Committee of one from each County be appointed to
take into consideration and examine the several Statute laws now in
force for the Collection of debts, and report by bill or otherwise,
such alterations and amendments therein as they shall think necessary.
—Members Chosen, to wit, Mess8- Chipman, Eln: Keyes, Barlow, Crafts,
Beardsley, Jas- Fisk, Gallop, Henry and Robinson to join &c. Extract
from the Journals. Attest N. Osgood, Clerk."

And the same being read, it was Resolved, That Mr- Spencer do join
the Committee appointed by the house on the foregoing resolution.

The following resolution was sent up from the house of Representa-
tives :

"In General Assembly, Oct, 17, 1800.

Resolved, that the Petition of the Proprietors and Landowners of the
town of Huntington be referred to a Third land tax Committee, to wit,
Mess8- D. Sheldon, Henry, Flagg, Elias Keyes and Sam1- Jewett, to join
a Committee from Council, to state facts and make report. Extract from
the Journals. Attest Nathan Osgood, Clerk."

And the said resolution being read, Resolved, That Mr- Miller do join
the aforesaid Committee.

A Petition from Daniel Cook, in behalf of the inhabitants of Corinth,
praying for a tax of three cents on each acre of land in said town, and a
petition from Richd- H. Huntley, Wm- Thompson and Lemuel Tabor, in
behalf of the Inhabitants of Topsham, praying for a tax of three cents
on each acre of land in said town, public lands excepted, for the purpose
of making roads and building bridges, were sent up from the house of
Representatives with this order on each:

"In General Assembly Oct. 17, 1800.

Read and referred to the third land tax Committee, to join a Commit-
tee from Council, to state facts &c.

Attest Nathan Osgood, CZerfc."

And the same being severally read, Resolved, To concur in the said
reference thereon respectively.

Adjourned untill 9 O'clock Tomorrow morning.

Tuesday, October 21, 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor communicated to the Council two letters that he had
received from the hon'ble John Ellsworth Esquire Chief Judge of the
County Court in Orleans County, and Elijah Strong Assistant Judge of
said Court, in and by which they resigned their respective offices, and
the same being read and considered, on motion, Resolved, That the
Council do at this time proceed to the election of a Chief Judge and as-
sistant Judge of the County Court in Orleans County, to supply the
vacancies occasioned by the resignation of the hon'ble John Ellsworth
& Elijah Strong Esqr- The ballots being taken and examined for a Chief
Judge, The hon'ble Timothy Hinman had all the votes, and was de-
clared duly elected. The ballots being taken for an assistant Judge and
examined, The Hon'ble Samuel C. Crafts had a majority of the votes,
and was declared duly elected.

The Governor laid before the Council the following letter from the
hon'ble Luke Knoulton Esquire :

Governor and Council — October 1800. 271

" To his Excellency Isaac Tichenor Governor of the State of Vermont.

Sir, — I have the honor of eommunicating to you & thro' you to the
Legislature the resignation of my office and seat at the Council board.
Impressed with a sense of the honor and the confidence my fellow Citi-
zens have so repeatedly manifested in Electing me to this important
office, I should do violence to my feelings in not expressing on this oc-
casion my warmest sentiments of gratitude and esteem. The repeated
and unsolicited suffrages of the free and enlightened Citizens of this
State will ever reflect the highest happiness to that mind whose greatest
glory rests on the good esteem of his fellow creatures. You will permit
me, as I am now retiring from public life in which I have been so long
concerned, to assure you that, in every situation in which I have been
placed, whether in the Legislative, the Executive, or Judicial depart-
ments, it has been my constant aim and design to discharge the duties
imposed on me with firmness, wisdom and integrity — And if in any
instance I have erred, it has arose thro' defect of the head, and not of
the heart. And now, with fervent prayers to the supreme ruler of the
universe for the prosperity of my country and the peace and happiness
of this State, I retire and bid you adieu, and subscribe myself &c. &c.

Luke Knoulton.

Middlebury 21 Oct. 1800."

The same being read, Resolved, the house of Representatives concur-
ring therein, that the house of Representatives be requested to meet the
Governor and Council, in the Representatives' room, in joint Committee,
at the opening of the house this afternoon, to supply the seat in the
Council become Vacant by the resignation of the hon'ble Luke Knoul-
ton Esquire. Ordered, That the Secretary communicate the foregoing
letter of Mr- Knoulton's and the above resolution to the house.

The aforesaid resolution was returned from trie house concurred.

The petition of the Inhabitants of Warren was sent up from the house
of Representatives with this order thereon :

" In General Assembly Oct. 20, 1800.

Report of Committee read and referred again to the same Committee.

Attest N. Osgood Clerk."

And being read, Resolved, That the Council do concur in the said
reference.

A petition from Enoch Woodbridge and others, praying for leave to
establish a Turnpike in the most direct and convenient place for a public
road from the Court house in Vergennes to the line of the State of New
York, in a direct course to Troy in said State, was sent up from the
house of Representatives with the following order thereon:

"In General Assembly Oct. 17, 1800.

Read and referred to the Committee on the Petition for a Turnpike
on White River, to state facts &c.

Attest Nathan Osgood Clerk."

And the same being read, Resolved, To concur in the reference of the
house thereon.

A petition from the inhabitants, proprietors and landowners of S*- Al-
bans in the County of Franklin, praying for a tax of eight cents on each
acre of land in said township, for the purpose of defraying the expences ot
erecting the County buildings and a County Grammar School in said
town, was sent up from the house of Representatives with this entry
thereon:

"In General Assembly Oct. 17, 1800.

Read and referred to Mess8- Barlow, Bottom, McClure, White and
Emmons to join a Committee from Council, to state facts and make
report. Attest Nathan Osgood Clerk."

272 Governor and Council — October 1800.

The same being read, Resolved, That Mr- Brigham join aforesaid Com-
mittee.

The following bills passed in the house of Representatives were sent
up for revision and concurrence or proposals of amendment, viz. " An
act making appropriations for the payment of the Council of Censors
and other persons for services rendered said Council at their Session in
February 1800;" " An act directing the Treasurer of this State to credit
the First Constable of the Town of Marlboro' the sum therein men-
tioned;" and " An act directing the Treasurer of this State to credit the
Town of Jamaica the sum therein mentioned," — and the same being
severally read and considered, Resolved, To concur with the house in
passing them into Laws.

On motion, Resolved, That when any private bill passed in the house
of Representatives shall be sent up for revision &c. the Governor and
Council will not proceed to act on the same unless the petition and re-
port thereon, upon which the same was predicated, shall accompany it;
or unless it shall appear by the note on the back of said bill that the
same was brought forward on the motion of some member. Ordered,
That the Secretary furnish the Clerk of the house with a copy of the
foregoing resolve.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Agreeably to the concurrent resolution of both houses, the Governor
and Council proceeded to the Representatives' room, and met that body
in joint Committee for the purpose of electing a Councillor, to supply
the seat in the Council become vacant by the resignation of the hon'ble
Luke Knoulton Esqr- His Excellency in the Chair — The Secretary of
State Clerk. The ballots being taken and examined, The hon'ble Ben-
jamin Burt, Esq1'- had a majority of all the votes — when John Chipman
Esq1*- Sheriff of Addison County, by public proclamation, declared the
sd- Benja- Burt duly elected Councillor for the year ensuing, by the joint
ballots of both houses. On motion, Resolved, That the joint Commit-
tee do at this time proceed to the Election of a Surveyor General for the
year ensuing, & the ballots being taken and examined, The hon'ble
James Whitelaw had a majority of all the votes, and was declared duly
elected. The Committee then dissolved, and the Governor and Council
returned to their Chamber.

Ordered, That the Secretary write to the hon'ble Benjamin Burt Esqr-
inform him of his election as Councillor, and request his attendance as
soon as possibly convenient.

Resolved, That Mr Robinson be appointed a Committee on the Peti-
tion of Anthony Rowling [or Pauling] and others, in the room of the
hon'ble Luke Knowlton Esquire.

Resolved, That Mr- Safford be appointed as above on the Petition of
Jacob Davis.

The Council adjourned untill 9 O'clock Tomorrow morning.

Wednesday, October 22d- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

On motion, Resolved, That the debenture of the hon'ble Luke Knoul-
ton Esquire, late member of Council, be passed at thirty Dollars and
thirty Cents, and that the Treasurer be requested to pay over said sum
of money, for which provision will be made in the bill of appropriation.

A petition from Andrew McGaffey and others, praying for a tax of
three cents on each [acre] of land in Navy [Charleston,] for the purpose

Governor and Council — October 1800. 273

of making roads and building bridges in said Town, was sent up from
the house of Kepresentatives with this order thereon:

" In General Assembly Oct, 22, 1800.

Read and referred to the Third land tax Committee to state facts &c.

Attest Nathan Osgood Clerk."

And the same being read, Resolved, That the Council do concur in
the said reference.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr- Spencer stated to the Governor and Council that in consequence
of the death of the hon'ble Samuel Williams Esqr- late Chief Judge of
the County Court of Rutland County, that seat, the most important,
had become vacant, and that he conceives it necessary the vacancy
should be supplied at this time, as the County Court of that County
would sit on the third Monday of November next — whereupon, Re-
solved, That the Governor and Council do, at this time, proceed by bal-
lot to fill said vacancy — and The ballots being taken and examined,
Theophilus Harrington Esquire had a majority of all the votes, and was
accordingly declared duly elected.

The Council adjourned uutill 9 O'clock Tomorrow morning.

Thursday, October 23d- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council met the house of Representatives in joint
Committee in the Representatives' room, to complete the election of the
several Counties' officers, & the sd- Committee having made progress
therein, adjourned to 4 O'clock this afternoon, and the Governor and
Council returned to their Chamber, and adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled "An act au-
thorising the Selectmen of Hyde-Park to exchange the School right in
said town with Jedediah Hyde," was sent up for revision &c. and being
read, it was ordered, That it lie on the table.

At 4 O'clock the Governor and Council met the house of Representa-
tives, in joint Committee, to complete the County Elections, and ad-
journed uutill Saturday morning next at the opening of the house,
When the Governor & Council returned to their Chamber.

A bill, passed in the house of Representatives, Entitled "An act di-
recting the Treasurer of this State to credit the Town of Hallifax the
sum therein mentioned," was sent up for revision &c. and being read,
Resolved, to concur with the house in passing said bill into a Law.

Adjourned untill 9 O'clock Tomorrow morning.

Friday, October 24th- 1800, 9 O'clock A. M.
The Council met pursuant to adjournment.

The following resolution was sent up from the house of Representa-
tives :

u In General Assembly Oct. 24, 1800.
Resolved, That a Committee, consisting of a member from each
County, be appointed to join a Committee from Council, to enquire if
any and what amendments are necessary to the act, Entitled " An act
for the support of the Gospel," and report by bill or otherwise. — Mem-
bers Chosen— Mess8- Butler, Safford, Stanley, Bliss, Spooner, Ja8- Fisk,
S. R. Bradley, G. Olin, Wood and Smith. Extract from the Journals.

Attest N. Osgood, Clerk."

18

274 Governor and Council — October 1800.

And the same being read, Resolved, That Mess8- Brigham, Marvin and
Strong do join the aforesaid Committee.

A bill, passed in the house of Representatives, Entitled " An act ap-
pointing a new Collector of a land tax in the town of Charlotte," was
sent up for revision &c. and being read, Rosolved, To concur with the
house in passing the same into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act
establishing the location and division of the lands in Orwell," was sent
up for revision &c. and being read, Resolved, To concur with the house
in passing the same into a law.

The resolution received from the house on the 18th- Instant, respecting
the appointment of a day of Thanksgiving and praise, was again read
and considered, when it was Resolved, That the Governor be requested
to issue his proclamation appointing Thursday the fourth day of Decem-
ber next as a day of public Thanksgiving and praise throughout this
State.

The bill Entitled "■ An act authorizing the Selectmen of Hyde-park to
exchange the School right in said town with Jedediah Hyde," was again
read, when it was Resolved, To concur with the house in passing the
same with certain proposals of amendment; and Mr Galusha was ap-
pointed to inform the house of the reasons of Council in proposing the
said amendments.

The Council adjourned untill 9 O'clock Tomorrow morning.

Saturday October 25th- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

Agreeably to adjournment the Governor and Council met the house
of Representatives in joint Committee, to complete the County elections,
and having finished the same the said Committee was dissolved, and the
Governor and Council returned to their Chamber.

On motion of Mr- Marvin, Resolved, That he have leave of absence
untill Thursday evening next.

On motion of Mr- Todd, Resolved, That he have liberty of absence
during the remainder of the Session.

A bill passed in the house of Representatives, Entitled uAn act in
amendment of an act establishing a Corporation by the name of the
Windham Turnpike Company, passed the first day of November 1799,"
was sent up for revision &c. and the same being read, Resolved, To
concur with the house in passing the same into a Law. Ordered, That
the Secretary acquaint the house with the same.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The hon'ble Enoch Woodbridge Esquire, Chief Judge of the Supreme
Court of Judicature, personally appeared before the Governor and
Council and the oaths of office, and to support the Constitution of the
United States, were administered to him by his honor the L4- Governor.

Adjourned untill 10 O'clock on Monday morning.

Monday October 27, 1800, 10 o'clock A. M.
The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act

Governor and Council — October 1800. 275

reviving an act Entitled 'An act assessing a tax of two cents on each
acre of land in the town of Cabot, for the purpose of making and repair-
ing roads and building bridges in said town;' " "An act in addition to an
act Entitled 'An act regulating the disposition of monies raised by tax
on lands in the several towns, for the purpose of making and repairing
roads and building bridges;' " "An act in addition to and alteration of an
act Entitled 'An act incorporating part of the towns of ISTewhaven,
Panton and Ferrisburgh;'" "An act laying a tax of two cents per acre
on the town of Fairfax;" and "An act directing the Treasurer to credit
the town of Williston the sum therein mentioned." The said bills being
severally read and considered, Kesolved, to concur with the house in
passing the same respectively into laws. Ordered, That the Secretary
acquaint the house therewith.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Council met pursuant to adjournment, and adjourned untill 9
O'clock Tomorrow morning.

Tuesday October 28th- 1800, 9 Oclock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled " An act
granting relief to Knight Sprague, of Kingston [Granville,] in the
County of Addison," was sent up for revision &c. and being read,
Resolved, To concur with the house in passing said bill into a Law.

A bill, passed in the house of Representatives, Entitled " An act in
addition to- and amendment of an act Entitled ' An act assessing a tax
of two cents per acre on the town of Bakersfield,' passed Oct 31st- 1799,"
was sent up for revision &c. and being read, Resolved, That it be referred
to Mr- Galusha for amendment.

A bill, passed in the house of Representatives, Entitled " An act grant-
ing relief to the Manager of the Hubbarton and Castleton road lottery,"
was sent up for revision &c. and being read, Resolved, That it be referred
to Mr- Chamberlain for amendment.

A bill, Entitled " An act in addition to an act Entitled ' An act defin-
ing the powers of Justices of the Peace,' " was sent up from the house
of Representatives, with this order thereon:

" Read and referred to Messs- James Fisk, G. Olin, Robinson, Bucking-
ham and Butler, to join &c. and also to report whether any alterations
are necessary to the "act directing the proceedings against the trustees
of concealed or absconding debtors."

Attest 1ST. Osgood Clerk."

Which was read, & Resolved, That Mr- Jacob do join the aforesaid
Committee.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A Petition from Benjamin Cooley, John Penfield and Adgat Lathrop,
Selectmen of the Town of Pittsford, addressed to the Governor and
Council, stating that one John Miller, a foreigner residing in said town,
who has appeared to be an honest man and by his industry accumulated
a small property, in the summer of 1797 took one of his neighbors, who
had lost his house by tire, with his family, into his house, and the sd-
Miller being a single man and the wife of his sd- neighbor a delusive bad
character, he was discovered in bed with her, and on trial for the sd- of-
fence in Jany- 1798 was convicted and fined the sum of one hundred dol-
lars— which said Judgement the said Miller has so far complied with as
to pay all the costs and to cancel the fine except eighty two dollars, and

276 Governor and Council — October 1800.

if subjected to pay the remainder, it would lake nearly all his property.
And as the sd- Miller is a foreigner, and getting into years, it would sub-
ject the town to the expence of his support — and therefore praying, that
the Governor and Council would remit the remainder of the fine, or so
much thereof as they may think fit, was read. When, Mr Spencer,
State's Attorney for the County of Rutland, informed the Governor and
Council that the said Miller was not fined by the Court, but became lia-
ble on a suit on his recognizance to appear and abide the order of Court,
and on a verdict of the jury of Guilty, the said Miller not appearing, his
recognizance became forfeit. Upon which statement, on motion, Re-
solved, That it is not within the power of the Governor and Council to
grant relief in the premises. Ordered, That the Petitioners have leave
to withdraw their petition.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: " An act
in addition to an act Entitled ' An act for the distribution of the laws,
Journals and other papers;'" "An act directing the Treasurer of this
State to credit the Constable of the town of Sharon in the County of
Windsor the sum therein mentioned;" and "An act laying a tax of one
cent per acre on the town of Killington " [Sherburne,] and the same
being read and considered, Resolved, To concur in passing the said bills
respectively into laws.

Mr- Galusha, to whom was referred the bill Entitled " An act in addi-
tion to and amendment of an act Entitled ' An act assessing a tax of
two cents per acre on the town of Bakersfield,' passed October 31, A. D.
1799," reported sundry amendments to said bill, which were read and ac-
cepted, when it was Resolved, To concur with the house in passing said
bill as amended.

The fol lowing bills, passed in the house of Representatives, were sent
up for revision &c. viz. " An act laying a tax of two cents per acre on
the town of Chittenden;" "An act laying a tax of three cents per acre
on the town of Fairfield;" "An act assessing a tax of two cents per acre
on the town of Andover;" " An act laying a tax of one and a half cent
per acre on all the lands in the Township of Northfield;" " An act lay-
ing a tax of two cents per acre on the township of Mount-holly;" and
"An act empowering the Judge cf Probate in the District of Caledonia
to grant license to Enos Stevens to sell certain lands within said dis-
trict." And the said Bills being severally read and considered, Re-
solved, To concur with the house in passing them into laws respectively.
Ordered, That the Secretary acquaint the house with the same.

The Council adjourned untill 9 o'clock Tomorrow morning.

Wednesday, October 29th- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Petiton of Charles Hawkins Jur- Davis Onsley, and Merritt Priest,
all of Fairhaven, in the County of Rutland, stating that at the Supreme
Court of Judicature holden at Rutland at their June Term A. D. 1800,
they were severally convicted of a riot and sentenced to pay a fine of fifty
dollars each and the costs, and praying that the said fines, or such part
thereof as may be consistent with the principles of mild justice and the
powers vested in the Governor and Council by the Constitution, may be
remitted, was read, and after hearing the Statement of the State's Attor-
ney of Rutland County, the Prosecutor, and the agent in behalf of the
said Petitioners, and mature deliberation being had thereon, on motion
of Mr- Jacob, Resolved, That from the evidence before the Governor and

Governor and Council — October 1800. 277

Council on said petition, there are not sufficient grounds to justify them
in interposing their authority, and therefore that the prayer thereof can-
not be granted. Whereupon Ordered, That the Petitioners have leave
to withdraw their petition, and Mr- Jacob was requested to state to the
Agent of the Petitioners the reasons why the prayer thereof could not
be granted.

A bill, passed in the house of Representatives, Entitled "An act es-
tablishing certain divisions of lands in the township of Fairfax," was
sent up for revision &c. and being read and duly considered, on motion
of Mr- Spencer, Resolved, That no direct order or resolve be at this time
taken on said bill, and that Mr Chamberlain be requested to carry down
the same, and state to the house the reasons why no further order will
be taken thereon by the Council.

The following resolution was received from the house of Representa-
tives: " In General Assembly Oct. 29th- 1800.

Resolved that a Committee of three be appointed to examine whether
glaring impositions are not frequently made in the sale of plank, boards,
scantling, &c. and if so to report their opinion what remedy is best
adapted for the prevention of that evil in future. Members chosen —
Messs- Hay, Eln- Keyes, and Burton. Extract from the Journals.

Attest Nathan Osgood Clerk.''1

Which was read, & Resolved, That Mr- Strong do join the aforesaid
Committee.

The following resolution was received from the house:

" In General Assembly Oct. [29] 1800.

Resolved, That a Committee of one member from each County be
appointed to examiue whether it will be beneficial to alter or amend
the act respecting the toll to be taken by millers, and if they find that
such an alteration or amendment will be necessary that they report by
bill or otherwise. Members chosen — Mess8- Stanley, Cahoon, Niles,
Elias Keyes, D. Jewett, G. Olin, Wells, Thompson, Stanton, and S.
Hubbard to join Committee from Council. Extract from the Journals.

Attest Nathan Osgood Clerk."

Which was read and Resolved, That Mr- Allis do join the aforesaid
Committee.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill passed in the house of Representatives, Entitled "An act for
the purpose of regulating suits respecting landed property and directing
the mode of proceeding therein," was sent up for revision &c. and being
read, Resolved, That it be referred to Mess8- Jacob, Chamberlain, and
Galusha to report thereon by amendment or otherwise as they shall
think fit.

A bill, Entitled uAn act granting relief to Nathan Foot senior of
Cornwall," was sent up with this order thereon viz.

" In General Assembly Oct. 29, 1800.

Read and referred to Mess8. Slade, D. Sheldon and G. Olin, to join
Committee from Council. Attest N., Osgood Clerk."

Which was read, & Resolved, That Mr Miller do'join the aforesaid
Committee.

A bill, passed in the house of Representatives, Entitled "An act
assessing a tax of two and a half cents per acre on the township of
Fletcher," was sent up for revision &c. read & Ordered, That it lie on
the table.

The Council adjourned until 9 O'clock Tomorrow morning.

278 Governor and Council — October 1800.

Thursday, October 30th, 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

A Petition from Stephen Conant of Windsor, stating that he has
sustained losses in the destruction of buildings by fire to the amount of
four or five Thousand Dollars, in addition to all his sadlerv wares, and
praying the Legislature to grant him the benefit of a lottery to raise the

sum of dollars, was received from the house, with this order thereon:

uIn General Assembly Oct. 30th- 1800.

Bead and referred to Mess8- Hay, E. Sheldon and Chipman to join a
Committee from Council, to state facts and make report.

Attest X. Osgood Clerk."

Kesolved, That Mr Jacob do join the aforesaid Committee.

The bill Entitled "An act assessing a Tax of two and a half cents per
acre on the township of Fletcher,1' was again read & Resolved, To
concur with the house in passing the same into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, viz. "An
act appointing a new Collector of a land tax in the town of Fairfield;"
and "An act appointing a new Collector of a land tax in the town of
Winhall " — which were severally read & Resolved, To concur with the
house in passing the said bills respectively.

On motion Mr- Jacob obtained leave to introduce a bill Entitled "An
act. in addition to an act Entitled 'an act constituting the Supreme Court
of Judicature and County Courts, defining their powers and regulating
judicial proceedings;' " and the same having had a first & second reading,
Resolved, That the same do pass. Ordered, That the said bill be
engrossed and that the Secretary carry the same to the house and desire
their concurrence.

On motion of Mr Jacob Resolved, The General Assembly concurring,
that the Governor and Council with the General Assembly meet in joint
Committee in the Representatives' room, at 9 o'clock tomorrow morning,
and proceed to appoint Electors on the part of this State to choose the
President and Vice President of the United States. Ordered, That the
Secretary carry the said resolution to the house.

The Hon'ble Benjamin Burt Esqr- elected a member of Council by the
joint ballots of both houses, appeared in the Council Chamber, declared
his acceptance of the appointment, and after takiug the oaths prescribed
by law, was admitted to a seat.

The Council adjourned untill 9 o'clock tomorrow morning.

Friday, October 31st- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The resolution sent down to the house yesterday, relative to the
election of Electors of President and Vice President, was returned from
the house concurred. The Governor and Council proceeded immedi-
ately to the Representatives' room and met the General Assembly in
joint Committee for the purpose expressed in the said resolution — His
Excellency in the Chair, The Secretary of State Clerk — And the ballots
being severally taken and examined, The Hon'ble Elijah Dewey, Jona-
than Hunt, Roswell Hopkins and William Chamberlain were declared
duly elected Elected Electors of President and Vice President of the
United States.

A bill which was passed the present session of the legislature, Entitled
" An act in addition to and alteration of an act entitled ' An act incorpo-

Governor and Council — November 1800. 279

rating part of the towns of Newhaven, Panton and Ferrisburg,' " was
sent up from the house of Representatives with this order thereon :

" In General Assembly Oct. 30, 1800.

Resolved, the Council concurring therein, that the word " untill " in
the sixth line of the 1st- Section be erased, and the words u one year
from" be added to this bill. Attest Nathan Osgood, Clerk."

Which was read & Resolved, To concur in the same.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax on the County of Bennington," was sent up for revision &c.
read and Resolved, To concur in passing the said bill into a Law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Council met and adjourned to 9 O'clock Tomorrow morning.

Saturday, November 1st- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, viz. " An
act defining the jurisdictional line between the towns of Bennington
and Pownal for the time being ;" " An act laying a tax of three cents
per acre on the town of Fairfield;" "An act directing the Treasurer of
this State to pay Jacob Adams the sum of one hundred and fifty two
Dollars and ninety Seven cents;" " An act directing the Treasurer of
this State to pay the Selectmen of Hydepark the sum therein men-
tioned;" "An act empowering Elijah Hammond to dispose of the real
estate of Abraham Page;" "An act assessing a tax of one cent on the
Dollar on the list of one thousand eight hundred;" "An act granting a
lottery to Stephen Conant;" and "An act incorporating and establish-
ing a College at Middlebury, in the County of Addison." And the said
bills with the documents accompanying the same being severally read
and considered, it was Resolved, To concur with the house in passing
the said bills respectively into laws. Ordered, That the Secretary ac-
quaint the house with the same.

A bill, passed in the house of Representatives, Entitled "An act
establishing a Corporation by the name of the White River Turnpike
Company," was sent up for revision &c. Read & Resolved, That it be
referred to Mr Miller and Mr- Safford to report specially their opinion
thereon.

A bill, passed in the house of Representatives, Entitled "An act di-
recting the State's Attorney of the County of Orange to cancel and give
up a certain note to Elijah Beeman," was sent up for revision <&c. and
being read, Resolved, To nonconcur in passing the said bill, and Mr
Spencer appointed to return the same to the house and state the reasons
of Council for their nonconcurrence.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

Tne Committee to whom was referred the bill Entitled "An act es-
tablishing a corporation, by the name of the White River Turnpike
Company," reported that the same was correctly draughted and that it
ought to pass. Whereupon Resolved, To concur with the house in pass-
ing said bill into a law.

The Council adjourned untill Monday Morning 9 O'clock.

Monday, November 3rd- 1800, 9 O'clock A. M.
The following bills, passed in the house of Representatives, were sent
up for revision &c. viz. "An act directing the organization of the

280 Governor and Council — November 1800.

County of Essex," and "An act repealing the ninth Section of an act
Entitled 'an act relating to fines, forfeitures, penalties and Costs, & di-
recting the mode of taking recognizances in certain cases,' " which were
severally read and considered & then Resolved, To concur in passing
the same respectively into laws.

On motion of Mr- Marvin, Resolved, That he have liberty of absence
during the remainder of the Session, and that his debenture be passed
at 41 82lioo Dollars.

A bill, passed in the house of Representatives, Entitled " An act sus-
pending prosecutions against John Garland for the term of ten years,"
was sent up for revision &c. Read & Resolved, That it be referred
to Mr- Chamberlain for amendment.

Adjourned to 2 O'clock.

2 O'cix ck P. M.

A bill, passed in the house of Representatives, Entitled " An act in-
corporating certain persons therein mentioned by the name of the
Center Turnpike Company," was sent up for revision &c. and being
read, Resolved, To concur with the house in passing the said bill into a
law.

The Committee appointed on the bill Entitled "An act for the purpose
of regulating suits respecting landed property, and directing the mode
of proceeding therein," reported the same with sundry amendments,
which were read and considered. On the passing of the said bill the
Yeas and Nays, being required by Mr- Jacob, were as follows: Yeas —
Mess8- Brigham, Chamberlain, Miller, Allis, Spencer, Burt and Strong —
7. Nays — Mess8- Safford, Robinson, Galusha, and Jacob — 4: so it passed
in the affirmative, and Mr- Spencer was requested to carry sd- Bill to the
house & inform them thereof.

Adjourned to 9 o'clock tomorrow morning.

Tuesday November 4th- 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following written message was received from the house:

u In General Assembly Nov. 3, 1800.

Resolved that the house do concur in passing the bill Entitled " An
act in addition to an act entitled ' an act constituting the Supreme Court
of Judicature,' &c." Extract from the Journals.

Attest N. Osgood CZerfc."

On motion, Mr- Jacob obtained leave to introduce a bill Entitled '* An
act directing the appointment of a Clerk of Engrossings, and regulating
his office and duty," and the same having had two several readings, Re-
solved, That the same do pass, and that it be sent to the house for their
revision & concurrence or proposals of amendment.

On motion, Mr. Burt obtained leave to introduce a bill Entitled "An
act in addition to an act Entitled 'An act laying a tax of three mills on
the dollar on the polls and rateable estate of the Inhabitants of the
County of Windham,' passed Nov. 2 1799," and the same being twice
read, Resolved, That the said bill do pass, and that it be sent to the
house for their revision & concurrence or proposals of amendment.

A bill, passed in the house of Representatives, Entitled " An act ap-
pointing a place for the meeting of the Electors of this State for electing
a President and Vice President of the United States," was sent up for
revision &c. and being read, Ordered, That it be referred to Mr- Jacob
for amendment, who reported the same with amendment, which was ac-
cepted & Resolved, To concur in passing said bill as amended, & Mr

Governor and Council — November 1800. 281

Jacob requested to carry the same to the house and inform them of the
reasons of Council in proposing the said amendment.

A bill, passed in the house of Representatives, Entitled " An act to
suspend all prosecutions and suits of a civil nature against .John Basse
[Bessee] for the term of time therein mentioned." was sent up for
revision &c. and being read, it was ordered, That it be referred to Mr-
Galusha for amendment.

A bill, passed in the house of Representatives, Entitled "An act to
incorporate the proprietors and owners of an Acqueduct in the east
parish of Rutland," was sent up for revision &c. and being read, it was
Ordered, That it be referred to Mr Spencer for amendment.

A bill, passed in the house of Representatives, Entitled " An act giv-
ing leave to John D. Nelson to raise by lottery the sum of one thousand
Dollars," was sent up for revision &c. and the same being read, it was
Resolved, To nonconcur with the house in passing the same into a law..

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, viz. "An
act laying a tax of eight cents per acre on the town of S* Albans, for the
purpose therein mentioned;" " An act laying a tax of three cents per
acre on the town of Weston;" uAn act laying a tax of two cents per acre
on the town of Alburgh;" "■ An act laying a tax on the County of Frank-
lin;" "An act for the alteration of the [name of the] town of Killington
to that of Sherburne;" " An act directing the Treasurer of this State to
pay to Joseph Scott, Sheriff of the County of Orleans, the sum therein
mentioned;" "An act in addition to an act Entitled l An act incorpo-
rating certain persons by the name of the Green Mountain Turnpike
Company,' passed Nov. 2,1799;" "An act directing the Treasurer to
give up to Sherman Fairchild a note of hand execuied for a bill of cost
for Richard Dorrand, a State's Prisoner;" "An act enabling the proprie-
tors of Derby to ratify a survey of their first division lots;" "An act ap-
pointing a new Collector and a new member of Committee on land
taxes in Hardwick ;" "An act appointing a new Collector of a land
tax in the town of Landgrove;" "An act to call in the hard money
orders issued by the late Treasurer of this State;' '"An act laying a
tax of two cents per acre on the town of Corinth;" "An act di-
recting the Treasurer of this State to credit the town of Harwich
[Mount Tabor] the sum therein mentioned;" "An act directing the
Treasurer of this State to pay the several State's Attornies and Clerks of
the Supreme Court the sums therein mentioned;" and "An act estab-
lishing the survey of lots in the town of Glover." And the said bills
with the documents and reports accompanying the same being severally
read and considered, Resolved, To concur in passing the said bills
respectively into laws.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

On motion, Resolved, That the vote nonconcurring the bill entitled
"An act giving leave to John D. Nelson to raise by lottery the sum of
one thousand dollars," be and hereby is reconsidered. And the said bill
being again read and considered, it was Resolved, To nonconcur with
the house in passing the same, and Mr Spencer was appointed to inform
the house of the reasons of the Council for their nonconcurrence.

Mr- Spencer, to whom was referred the bill Entitled "An act to incor-
porate the proprietors and owners of an acqueduct in the east parish of
Rutland," reported [an] amendment, which was accepted, and then it
was Resolved, To concur in passing the said bill as amended, and Mr-
Spencer requested to inform the house of the reasons of Council in pro-
posing the said amendment.

282 Governor and Council — November 1800.

A bill, passed in the house of Representatives, Entitled " An act em-
powering David Cram, Collector of a road tax, to record his proceedings
in selling lands," was sent up for revision &c. and being read, it was Re-
solved, To concur with the house in passing the said bill into a law.

On motion, Mr- Jacob obtained leave to introduce a bill Entitled " An
act establishing a Corporation by the name of the Connecticut River
Turnpike Company," which was read & Ordered, To lie on the table.

The following resolution was received from the house:

" In General Assembly Nov. 4, 1800.

Resolved, His Excellency the Governor and the Council concurring
therein, that both houses meet in joint Committee, at the opening of the
house tomorrow morning, in the Representatives' room, for the purpose
of making the appointment of the County officers in the County of Es-
sex. Extract from the Journals.

Attest Nathan Osgood, Clerk."

Which was read, and Resolved, To concur therein.

The Council adjourned untill 9 O'clock tomorrow morning.

Wednesday, November 5, 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The bill Entitled " An act establishing a Corporation by the name of
the Connecticut River Turnpike Company " was read a second time and
passed, and Ordered, That it be transmitted to the house by the Secre-
tary for their revision and concurrence or proposals of amendment.

The following bills, passed in the house of Representatives, were
sent up for revision &c. viz. " An act appointing a Committee to lay out
and survey a County road from the Court-house in New Fane, in the
County of Windham, to the north line of said County, in the direction
of Rutland," and " An act annexing certain Islands in Lake Champlain
to the township of South and Middle hero." which were severally read
and considered and then it was Resolved, To concur in passing the same
respectively into laws.

A bill, passed in the house of Representatives, Entitled " An act to
prevent the floating of single mill logs in Connecticut River, and pro-
viding relief for the damages that may be done to individuals by reason
of such logs grounding on their land and enclosures," was sent up for
revision &c. Read and Ordered, That it be referred to Mr- Jacob for
amendment.

Mr Chamberlain, to whom was reported [referred] the bill Entitled
" An act granting relief to the managers of the Castleton and Hubbarton
road-lottery," reported the same with amendments, which were ac-
cepted, and then it was Resolved, To concur in passing the said bill as
amended.

The following written messages were received from the house :

"In General Assembly Nov. 5 1800.

Resolved, that the house of Representatives do concur with the Gov-
ernor and Council in their proposal of amendment to the bill Entitled
"an act appointing a place for the meeting of the Electors of this State
for the electing of a President and Vice President," Extract from
Journals. Attest N. Osgood, Clerk."

"In General Assembly, Nov. 5, 1800.

Resolved, that the house of Representatives do concur with the Gov-
ernor and Council in their proposals of amendment to the act Entitled
"An act to incorporate the proprietors and owners of an acqueduct in

Governor and Council — November 1800. 283

the East parish in Rutland into a Company for the purposes therein
mentioned." Extract from the Journals.

Attest Nathan Osgood, Clerk."

"In General Assembly, Nov. 5, 1800.

Resolved, That the house of Representatives do concur with the Gov-
ernor and Council in passing "An act in addition to an act laying a tax
of three mills on the dollar on the polls and rateable estate of the In-
habitants of the County of Windham, passed Nov. 2, 1799." Extract
from the Journals. Attest N. Osgood, Clerk."

A bill, passed in the house of Representatives, Entitled "An act to
prevent petitions for Turnpike Companies being brought before the
General Assembly without being publickly notified," was sent up for re-
vision &c. & being read and amended, it was Resolved, To concur in
passing the same with the proposal of amendment accompanying the
said bill.

A bill passed in the house of Representatives, Entitled "An act in-
corporating Social Library Societies in this State & giving them certain
powers and privileges," was sent up for revision &c. and being read, it
was Ordered, That it be referred to Mess8- Brigham & Galusha for
amendment.

On motion, Mr- Spencer obtained leave to bring in a bill, Entitled
"An act regulating the travel with sleighs and sleds in this State," which
was read and Ordered, That it be referred to Mess- Spencer & Robinson
for amendment.

Mr- Jacob, to whom was referred the bill Entitled "An act to prevent
the floating of single mill logs in Connecticut River, and providing re-
lief for damages that may be done by means of such logs grounding on
their lands," reported the same bill with a new title, viz. "An act con-
cerning Pine and other timber floating on Connecticut River, or lodging
on its shores," which was accepted, and then Resolved, to concur in
passing the said bill, with the proposal of amendment above reported.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following bills, passed in the house of Representatives, were sent
up for revision & concurrence or proposals of amendment: "An act
authorising the Proprietors and Landowners of the town of Royalton to
establish the division of lands heretofore made;" " An act laying a tax
of two cents per acre on the Township of Navy," [Charleston-] " An
act granting a tax of two cents per acre on the town of Topsham;" "An
act enabling the Treasurer to collect from the Inhabitants of Tunbrid«-e
&c." and " An act assessing a tax of two cents per acre on the township
of Huntington, including all the lands in the original grant of New
Huntington, and also all the lands in the tracts called BuePs and Avery's
Gores." And the said bills, with the documents accompanying the
same, being read, it was Resolved, To concur in passing the "same
respectively into laws.

A bill, passed in the house of Representatives, Entitled " An act em-
powering Asa Woods and Ruel Sherman, Collectors of Road taxes, to
record their proceedings," was sent up for revision &c. and being read,
it was Ordered, That the said bill be referred to Mess. Jacob and Ga-
lusha to report amendments.

A bill, passed in the house of Representatives, Entitled " An act

enabling the proprietors of the town of Whiting to make and establish
a division of their lands," was sent up for revision &c. and beinp- read
it was Ordered, That it be referred to Mess8- Allis & Strong to propose
amendments.
The following bills, passed in the house of Representatives, were sent

284 Governor and Council — November 1800.

up for revision & concurrence or proposals of amendment: " An act to
establish the amended records of the proprietors of Underhill;" " An act
in addition to an act entitled ' an act appointing a Committee to lay out
and survey a County Road from Montpelier and Calais to Danville;'"
"An act directing the Treasurer of this State to credit the town of
Reedsborough the sum therein mentioned;" and "An act directing the
Treasurer of this State to pay to Roswell Smith, for the benefit of the
town of Moretown, the sum therein mentioned." And the said bills,
with the accompanying documents, being severally read and considered,
it was Resolved, To concur in passing them into laws respectively.

On motion, Mr Miller had leave to introduce a bill Entitled " An act
for perpetuating Ihe adjudications of the Supreme Court," and the same
being read it was Ordered, That it be referred to Mess. Miller and Ga-
lusha.

The bill, which originated in Council, Entitled "An act directing the
appointment of a Clerk of Engrossings and regulating his office and
duty," was returned from the house of Representatives concurred with
the following proposal of amendment: After the word " State " in the
first line of the second page, add the following — " and annually to pre-
pare the necessary blank paper for the said general list, and for the use
of the Committee for canvassing the Votes of the [freemen for] Gover-
nor, I> Governor, Treasurer and Councillors;" which being read, Re-
solved to concur with the house in their proposed amendment.

Mr Chamberlain reported that the bill Entitled " An act suspending
prosecutions against John Garland, for the term of ten years," ought to
receive certain amendments, which he had proposed, which was accepted,
& Resolved, To concur in passing the said bill, as amended, and Mr-
Chamberlain requested to inform the house of the reasons of Council.

A bill, passed in the house of Representatives, Entitled "An act to lay
out a Road, thro' the western part of the Counties of Addison and JRut-
land," was sent up for revision &c. Read & Ordered, That it be referred
to Mr- Burt for amendment.

Adjourned to 9 O'clock tomorrow morning.

Thursday, November 6th 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following message was recd- from the house:

"In General Assembly Nov. 5, 1800.

Resolved that the house of Representatives do concur with the propo-
sals of amendment to " An act for the purpose of regulating suits re-
specting landed property, and directing the mode of proceeding therein,"
and passed the same into a law of this State. Extract from the Jour-
nals. Attest Nathan Osgood, Clerk."

Mess8- Brigham and Galusha, to whom was referred the bill, Entitled
" An act incorporating the Social Library Societies in this State and
giving them certain powers," reported amendments to be made thereto,
which were accepted, and then it was Resolved, To concur in passing
the same as amended, and Mr- Galusha requested to inform the house of
the reasons of Council in proposing the said amendments.

The following bills, passed in the house of Representatives, were sent
up for revision & concurrence or proposals of amendment, viz. "An act
establishing a Corporation by the name of Royalton & Woodstock Turn-
pike Company;" " An act authorising the proprietors of Bridge water to
confirm and complete the division of their lands;" " An act to suspend
the prosecution of an extent in favor of the Treasurer of this State
against Joel Griffin;" and "An act appointing a Committee to lay out a

Governor and Council — November 1800. 285

Road through the western part of the Counties of Addison & Rutland,"
and the said bills, with the accompanying documents, being severally
read, it was Resolved, To concur in passing them respectively into laws.

Mess8- Spencer and Robinson, to whom was referred the Bill Entitled
" An act to regulate the travel with sleighs or sleds in this State," re-
ported that it ought to pass, whereupon Resolved, That the said bill do
pass, and ordered that it be engrossed and transmitted to the house by
the Secretary for their revision &c.

Mr- Galusha, to whom was referred the bill Entitled " An act to sus-
pend all prosecutions and suits of a civil nature against John Basse
[Bessee] for the term of time therein mentioned," reported amend-
ments, which were adopted, and then it was Resolved, To concur in
passing said bill as amended, and Mr Galusha appointed to inform the
house of the reasons of Council in proposing the said amendments.

The following resolution was received from the house :

" In General Assembly Nov. 5, 1800.

Resolved that there be a Committee of two appointed from this house,
to join a Committee from Council, to draught and report a bill to this
house making appropriations for the year ensuing. Members Chosen —
Mess. Robinson and Jacob Smith. Extract from the Journals.

Attest N. Osgood, Clerk"

Resolved, That Mr Brigham do join the aforesaid Committee.

On motion, Resolved, That the Vote nonconcurring the bill Entitled
" An act giving leave to John D. Sheldon to raise by lottery the sum of
one Thousand Dollars," be and the same is hereby reconsidered. And
the said bill being again read and amended, Resolved, To concur in
passing the same as amended, & Mr Brigham appointed to inform the
house of the reasons of Council in proposing the said amendments.

The Committee, to whom was referred the bill Entitled "An act mak-
ing provision for perpetuating and making more public the adjudications
of the supreme Court," reported that it ought to pass, whereupon
Resolved, That the said bill do pass, and Ordered, That it be^sent to the
house for their revision &c.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following bills,. passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
incorporating Johnson's Gore, in the County of Windham, into a town
by the name of Acton ;" "An act in addition to an act Entitled 'An act
directing the laying out and making a County Road from the South line
of Wheelock in the County of Caledonia to the South line of Stanstead
in Canada, and taxing sundry towns thro' which the same shall pass,'
passed 31st Oct. 1799;" and "An act in addition to an act Entitled ' An
act appointing a Committee to lay out, alter and streighten the road from
Yergennes thro' Castleton to Bennington,'" and the said bills being
severally read and considered, Resolved, To concur in passing them
into laws respectively.

The following resolution was sent up from the house :

"In General Assembly, Nov. 6, 1800.

Resolved that his Excellency the Governor and Council be requested
to give information to the house what order they have taken, if any, on a
resolution of this house, passed the 29th- Oct last, requesting his Excel-
lency the Governor and Council to meet this house in Grand Commit-
tee, in the Representatives' room, at the opening of the house, on the
morning of the 31st- of the same October, for the purpose of Electing a
Chief Judge of the County Court for the County of Rutland, to fill the

286 Governor and Council — November 1800.

vacancy occasioned by the death of the late Samuel Williams Esquire.
Extract from the Journals. Attest N. Osgood, Clerk."

Which was read, and on motion Ordered, That Mr- Spencer be re-
quested to inform the house of Representatives that altho' no resolution
of the description mentioned in said resolution, as respects dates, has
been received by the Council, yet they did receive a resolution, in sub-
stance the same, dated the 30th- of Oct. requesting them to meet the
house of Representatives at the opening of the house the then next
morning, in the Representatives' room, but did not receive the same 'till
after the time of said meeting had expired, and that they have taken no
order thereon.

The bill passed in Council, Entitled "An act regulating the travel
with sleighs or sleds in this State," was returned from the house non-
concurred, by Mr Butler, who assigned the reasons of the house for
their nonconcurrence and withdrew.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
directing the Treasurer of this State to credit the town of Middlebury
the sum" therein mentioned;" "An act establishing the division of lands
in the town of Shoreham;" "An act granting to John Taylor of Alburgh
the exclusive right of keeping a ferry from the Northwest part of said
town across Lake Champlain to the Western shore in the State of New
York;"'' "An act enabling the proprietors of the town of Whiting to
make and establish a division of their lands;" "An act granting to Peter
Ferris the exclusive right of keeping a ferry for the term of fifteen
years:" and "An act directing the Treasurer of this State to pay the
Constable of the town of Newhaven for the year 1798, the sum therein
mentioned;" which were severally read and considered, and it was
Resolved, To concur in passing the said bills respectively into laws.

A bill, passed in the house of Representatives, Entitled "An act in
addition to an act Entitled kAn act regulating Marriage and Divorce,'
passed 23 Feb^- 1797," was sent up for revision &c. and being read was
amended and Resolved, To concur in passing the said bill into a law,
with the amendments accompanying the same, and Mr- Chamberlain
appointed to inform the house of the reasons of Council for the same.

Resolved, That Mr- Miller make out the Debenture for the present
session.

Mr Gallup, from the house of Representatives, returned the bill,
which originated in Council, Entitled "An act establishing a Corpora-
tion by the name of the Connecticut River Turnpike Company," con-
curred by the house with a proposal of amendment, to insert after the
word "Gristmill" in the 29th- line of the 7th- Section, the words "or saw-
mill," and after stating the reasons of the house for the same he with-
drew. The said amendment being read, Resolved, to concur in the same,
and Ordered, that the Secretary acquaint the house therewith.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: " An act
enabling William Thorpe, a subject of the British Crown, to hold certain
lands within this State;" and "An act for the purpose of establishing
an academy atMontpelier in the County of Caledonia," and the said bills
being severally read and considered, Resolved, To concur in passing
them respectively into laws.

The Council adjourned to 9 O'clock tomorrow morning.

G-overnor and Council — November 1800. 287

Friday, November 7, 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following resolution was received from the house:

" In General Assembly Nov. 6, 1800.

Resolved, that the Governor and Council be requested to meet the
house of Representatives, in the Representatives' room, at the opening
of the house tomorrow morning the 7th- Ins1- in grand Committee, for the
purpose of electing a Chief Judge of the County Court for the County
of Rutland, to supply the vacancy occasioned by the death of the late
Samuel Williams Esquire, also to elect a Chief Judge of the County
Court of the County of Orleans, to supply the vacancy occasioned by the
resignation of John Ellsworth Esqr- Extract from the Journals.

Attest Nathan Osgood Clerk."

And the same being read, Resolved, not to concur therein, and Mr-
Spencer appointed to wait on the house and inform that body of the rea-
sons of Council for such nonconcurrence.

A bill, passed in the house of Representatives, entitled "An act sus-
pending civil prosecutions against Jabez Rogers Jur- of Middlebury in
the County of Addison and State of Vermont, for the term of five
years,'1 was sent up for revision &c. and being read, Resolved, To concur
in passing the said Bill into a law.

A bill, "passed in the house of Representatives, Entitled " An act au-
thorizing Benjamin Swan, Treasurer of this State, to prosecute all suits
now pending/in the name of Samuel Mattocks as Treasurer," was sent
up for revision &c. and being read, was amended & then Resolved, To
concur in passing the same as amended, and Mr- Jacob appointed to in-
form the house of the reasons of Council in proposing the said amend-
ments.

On motion of Mr- Jacob, Resolved, The house of Representatives con-
curring therein, that the Governor and Council meet in Committee with
the house of Representatives in the Representatives' room at 2 O'clock,
to appoint a Judge of Probate for the district of Manchester for the year
ensuing in the room of Truman Squier Esqr- who has declined accepting
the appointment. Ordered, That the same be transmitted to the house
by the Secretary.

The above resolution was returned from the house concurred.

On motion of Mr- Galusha, Resolved, The General Assembly con-
curring therein, that Mr- Jacob & Galusha join a Committee from the
house to take under their consideration the propriety of directing by
law the mode and manner of filling vacancies that may happen in the
offices of the Supreme and County Courts and Probate Courts, Sheriffs,
and Justices of the Peace, when the legislature shall be in session,
and report by bill or otherwise.

The following Bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
empowering Asa Woods and Ruel Sherman, Collectors of Road Taxes,
to record their proceedings," and " An act in addition to an act Entitled
' an act reducing into one the several acts for laying out, making, repair-
ing and clearing highways,' " and the said bills being severally read,
Resolved, To concur with the house in passing them respectively into
Laws.

Mr James Fisk, member of the house, returned to the Council the
bill Entitled " An act giving leave to John D. Nelson to raise by lottery
the sum of one Thousand dollars," to which the Council had made pro-
posals of amendment, and informed the Council that the house had
nonconcurred in adopting them, and after assigning the reasons, he laid
the said bill on the table and withdrew, whereupon Resolved, That the

288 Governor and Council — November 1800.

passage of the said bill be suspended untill the next Session of the
Legislature, and Ordered that the Secretary return the same to the house
and inform them thereof.

Mr- Miller reported the debenture of the L1 Governor & Council,
which was read and accepted as follows: N. B. — No copy of Debenture
among the papers of Council.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The resolution of Council relating to the propriety of directing by
law the manner of filling vacancies in certain offices, was returned from
the house nonconcurred, by Mr Chipman, & after stating the reasons of
the house for such nonconcurrence, he withdrew.

The following bills, passed in the house of Eepresntatives, were sent
up for revision and concurrence or proposals of amendment: "An act
making appropriations for the support of government the present session
and from thence to the session of the general assembly in October 1801
and for other purposes," and " An act repealing an act Entitled ' An act
assessing a tax of one Cent on the dollar on the list of [the year] 1800,'
passed this present session, and for laying a tax of one cent on the dol-
lar on the list of the year 1800," and the said bills being severally read,
Kesolved, To concur in passing them into laws respectively.

On motion of Mr- Galusha, he had leave to introduce a bill Entitled
" An act in addition to and alteration of an act Entitled 'An act direct-
ing the Collectors of land-taxes in their office and duty,' passed 3 Nov.
1799," and the said bill being read, Kesolved, That it pass, and Ordered
that it be engrossed and sent to the house for their revision &c.

Mr- Eln- Keyes communicated to the Council the disposition of the
house to rise.

A bill, passed in the house of Representatives, Entitled "An act in
addition to an act constituting the supreme Court of Judicature &
County Courts, denning their power and regulating their judicial pro-
ceedings," was sent up tor revision &c. & being read Resolved, the Gen-
eral Assembly concurring therein, that the said [bill] belaid over for the
consideration of the next Session of the Legislature, & Mr Jacob re-
quested te inform the house of the same, with the reasons of Council.

Resolved, That his Excellency the Governor be requested to issue his
Proclamation appointing the last Wednesday of April next to be ob-
served as a day of public humiliation, fasting and prayer throughout this
State, if the President of the United States should not appoint a day for
that purpose, and in that case, on that day.

Resolved, The house of Representatives concurring therein, that the
Governor and Council do immediately meet the house of Representa-
tives, in the Representatives' room, for the purpose of adjourning the
present session of the Legislature. Ordered, That the Secretary carry
the above to the house.

The said Resolution was returned from the house concurred, and the
Governor & Council immediately proceeded to the Representatives'
room, and after an appropriate prayer by the Chaplain, Mr- Attwater,
both branches of the legislature were adjourned without day, and public
proclamation thereof was made by John Chipman Esquire Sheriff of the
County of Addison.

A true Journal. Attest [Richard Whitney,] Secretary.

Governor and Council — May 1801.

289

RECORD OF THE GOVERNOR AND COUNCIL

AT A

SPECIAL SESSION CONVENED AT WINDSOR, MAY 26 1801.

State of Vermont.

At a special meeting of his Excellency the Governor and Council,
convened at Windsor, within and for said State, pursuant to notice from
the Governor, on Tuesday the twenty sixth day of May, in the year of
our Lord one thousand eight hundred and one, and of the Independence
of the United States the Twenty fifth, for the purpose of supplying the
Vacancy in the Office of Judge of Probate for the District of Hartford,
occasioned by the death of William Perry Esqr- late Judge of Probate
for said District— Present His Excellency Isaac Tichenor, Esq1"- Gover-
nor, His Honor Paul Brigham, Esqr- Ll- Governor, of the Council The
Hon1- Samuel Safford, Jonas Galusha, Abel Spencer, Stephen Jacob, Eli-
jah Robinson & Benjamin Burt Esquires. Richard Whitney, Secretary.

A Quorum having convened, The Council adjourned untill 7 O'clock
tomorrow morning.

Windsor 27 May 1801, 7 O'clock A. M.

The Council met pursuant to adjournment.

The ballots being taken for a Judge of Probate to supply the Vacancy
occasioned in said office, in the District of Hartford, by the death of
William Perry Esq1'- late Judge of Probate in said District, and exam-
ined, The hon'ble Paul Brigham had a majority of all the votes, and was
declared duly elected, and commissioned accordingly.

Resolved, That the Debenture of Council be allowed as follows:

Councillors

Paul Brigham Esqr- L* Governor

Samuel Safford

Jonas Galusha

Abel Spencer

Stephen Jacob

Elijah Robinson

Benjamin Burt

Richard Whitney Secretary

Also Resolved, That there be al-
lowed to Mr- Joseph Pettis, for
the use of his house

Travel.

Amt. of
Travel.

Days of
Attend' ce

Amt. of
Attend' ce

20

$2.40

2

$8.00

90

10.80

2

3."

80

9.60

2

3. "

45

5.40

2

3. "

1

12

2

3."

10

1.20

2

3. "

25

3. "

2

3."

50

6."

2

5. "

Whole

Amt.

$10.40

13.80

12.60

8.40

3.12

4.20

6."

11."

2.

$71.52

The Council then adjourned without day.
A True Journal.

Attest [Richard Whitney,] Secretary.

19

TWENTY- FIFTH COUNCIL

OCTOBER 1801 TO OCTOBER 1802.

Isaac Tichenor, Bennington, Governor.
Paul Brigham, Norwich, Lieut. Governor.
Councillors :

Samuel Safford, Bennington,

John Strong, Addison,
Ebenezer Marvin, Franklin,
Elijah Robinson, Weathersfield,
Wm. Chamberlain, Peacham,
Jonas Galusha, Shaftsbury,
Georgia,

Richard Whitney, Guilford, Secretary.

Josiah Edson, Randolph, Sheriff.

Stephen Jacob, Windsor,

Solomon Miller, Williston,
Elisha Allis, Brookfield,
Noah Chittenden, Jericho,
Beriah Loomis, Thetford,
Eliakim Spooner, Westminster.2

BIOGRAPHICAL NOTICES.

Noah Chittenden, oldest son of Gov. Thomas Chittenden, was born
in Salisbury, Conn., in 1753. He came to Vermont with his father, in
1784 removed from Arlington to Cambridge, and previous to 1795 from
that town to Jericho. He represented Jericho in 1796, and from 1812
until 1815 ; was Sheriff of Addison county, (then extending to Canada
line,) in 1785, and of Chittenden county 1787 until 1790 ; Assistant
Judge of Chittenden county court 1804 until 1811, and Judge of Probate
in 1811. He was Councillor 1801 until 1812. He married a daughter
of Hon. John Fassett, and had Thomas, who removed to Ohio; and
Hannah, who married Hon. Truman Galusha. — Vt. Hist. Magazine,
Vols. I and n ; and Deming's Catalogue.

Beriah Loomis represented Thetford 1782 until 1786, 1787 until 1790,
and in 1817; was Councillor 1801 until 1808, and 1809 until 1814; As-
sistant Judge of Orange County Court 1797 until 1812, and 1813 until
1818; and a member of the Constitutional Convention of 1791. Among
his sons were the late Hon. Jeduthun Loomis of Montpelier, and Col.
Gustavus Loomis of the U. S. army.

Eliakim Spooner represented Westminster in 1793, '4, and '5; and
was Councillor from Oct. 17 1801 until 1808. — Deming's Catalogue.

1 Resigned, Oct. 16, on accepting the office of judge of the supreme
court.

2 Appointed Oct. 17, in place of Stephen Jacob resigned.

Governor and Council — October 1801. 291

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT NEWBURY

OCT. 1801.

State of Vermont ss.

A Journal of the proceedings of the Governor and Council of the
State of Vermont, at their session begun and held at Newbury, within
and for said state, on the second Thursday of October, being the eighth
day of said month, in the year of our Lord one Thousand eight hundred
and one, pursuant to the Constitution and Eesolves of said State.
Present, His Excellency Isaac Tichenor Esquire, Governor — His Honor
Paul lirigham Esquire L* Governor, — of the Council, The Hon'ble
Elisha Allis, Benjamin Burt, William Chamberlain, Jonas Galusha,
Stephen Jacob, Ebenezer Marvin, Solomon Miller, Elijah Robinson,
John Strong, Samuel Safford, and Abel Spencer Esquires. Richard
Whitney Secretary. Josiah Edson Esquire Sheriff of the County of
Orange.

Resolved, That a Committee of eight Members be appointed, jointly
with such Committee as may be chosen by the house of Representatives,
to receive, sort and count the Votes for Governor, L* Governor, Treas-
urer and Councillors for the year ensuing — Members chosen, Mr- Robin-
son, Mr- Spencer, Mr- Marvin, Mr- Chamberlain, Mr Allis, Mr- Galusha,
Mr- Burt and Mr Miller, who were severally sworn to the faithful dis-
charge of their trust. Ordered, That the Secretary carry said resolution
to the house.

Adjourned to 5 O'clock P. M1.

5 O'CLOCK P. M.

The Governor and Council convened, and on motion, proceeded to the
house of Representatives, when the two houses united in joint Com-
mittee and the following report was handed in by Ebenezer Marvin,
Esquire:

" To the hon'ble General Assembly of the State of Vermont now sit-
ting, Your Committee appointed to receive, sort and count the votes for
Governor, L*- Governor, Treasurer and Councillors for the year ensuing,
report as follows: That Isaac Tichenor is elected Governor, Paul
Brigham L1- Governor, Benjamin Swan Treasurer, and that Samuel Saf-
ford, Jonas Galusha, William Chamberlain, Solomon Miller, Stephen
Jacob, Ebenezer Marvin, Elijah Robinson, John Strong, Elisha Allis,
Noah Chittenden, John White, and Beriah Loomis are elected Council-
lors. Which is respectfully submitted. Ebenr- Marvin for Come-

Newbury Oct. 8th- 1801."

The same being read, Josiah Edson Esqr- Sheriff of the County of
Orange, by public proclamation, declared said officers duly elected to the
offices annexed to the names, respectively, by the suffrages of the
Freemen. The Council then returned to their Chamber and Adjourned
to 10 O'clock tomorrow mining.

1 The election sermon was by Rev. Nathaniel Lambert of Newbury.

292 Governor and Council — October 1801.

Friday, October 9th- 1801, 10 O'clock A. M.

The Council met pursuant to adjournment.

Ordered, That the Secretary issue letters of Notice to the new Coun-
cillors of the following tenor:

Newbury 9th- October 1801.

Sir — By the report of the Committee appointed to receive, sort and
count the votes for Governor, Lfc Governor, Treasurer, and Councillors
for the year ensuing, you have been duly elected a Councillor and as
such have been declared. You will therefore be pleased to join the
Council, as a member, as soon as possible after receiving this notice.

By direction of His Excellency & the hon'ble Council, I am &c.

Richd- Whitney Se&-

On motion, Resolved, The rules of Council adopted the last Session
be the rules of Council the present session.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following resolution was received from the house by Mr- Hay:

" In General Assembly Oct. 9, 1801.

Resolved, the Governor and Council concurring therein, That the
members of both houses meet in County Conventions at three O'clock
this afternoon for the purpose of making nominations for the County
officers for the respective Counties: and that both houses meet tomorrow
morning for the purpose of receiving such nominations and acting
thereon — And that Mr Hay be requested to carry up this resolution
and inform the Governor and Council of the reasons for passing the same.

Extract from the Journals. Att. Thos- Tolman Clerk pro tem."

And Mr Hay, after assigning the reasons of the house, withdrew.

The same being read, Resolved, That the Governor and Council do
concur in passing the same. Ordered, That the Secretary inform the
house of the said Concurrence.

Mr- Robinson, member of the house of Representatives, appeared in
Council and informed them that the house was organized and ready to
receive any communications which his Excellency the Governor should
be pleased to make.

Ordered, That the Secretary acquaint the house of Representatives
that his Excellency, accompanied by the Council, will, unless differently
instructed, immediately wait on the house of Representatives, in their
room, take the necessary oaths and make his communications.

Accordingly, the Governor, with the Council, proceeded to the Repre-
sentatives' room, and, after taking the necessary oaths, with the I>
Governor and Council, ho delivered the following speech to both
branches of the Legislature. [For speech see Appendix J.]

The Governor and Council then returned to their chamber and com-
menced the consideration of business.

A petition from Wm- C. Harrington and others, praying for a tax of
six cents on each acre of land in Burlington, public rights excepted, was
sent up from the house with this order thereon :

" In General Assembly Oct. 9, 1801.

Read & referred to Messs- Ormsby, Allen, Shaw, A. Stevens,
Painter, Jona- Fiske, B. Harrington, Gaboon, Farnsworth, Crafts &
Wetherbee, to join a Committee from Council, state facts &c.

Attest Thos- Tolman Clk pro tem."

And the same being read, Resolved, That Mr- White do join the
aforesd- Committee.

Adjourned to 9 O'clock Tomorrow morning:

Governor and Council — October 1801. 293

Saturday October 10th- 1801, 9 O'clock A. M.
The Governor and Council met pursuant to adjournment, proceeded
to the house of Representatives, and after prayer, united in joint Com-
mittee agreeably to the concurrent resolution of yesterday, relative to
the several County nominations. On motion, Resolved, That when the
two branches of the legislature shall meet in joint Committee, that his
Excellency the Governor, & in his absence the I> Governor, shall be
chairman of such Committee, and that the Secretary of State, and in his
absence the Secretary of the Governor and Council, shall be|Clerk of
such Committee. His Excellency accordingly took the Chair — Roswell
Hopkins Secretary of State, Clerk. The joint Committee then acted on
the respective County nominations as reported by the County Conven-
tions, and adjourned untill Tuesday morning at the opening of the
house. The Governor and Council then returned to their Chamber,
and adjourned untill 10 O'clock on Monday morning.

Monday, October 12th- 1801, 10 O'clock A. M.

The Council met pursuant to adjournment.

Resolved, The house of Representatives concurring therein, that the
house meet the Governor and Council in joint Committee in the Repre-
sentatives' Room, at the opening of the house this afternoon, to elect a
Brigadier General to supply the vacancy occasioned by the resignation
of David Erwin, late Brigadier General of the second Brigade in the
second Division of the Militia of this State, which resignation has been
duly accepted by his Excellency. Ordered, That the above^ be trans-
mitted to the house by the Secretary.

On motion of Mr- Jacob, Resolved, That the Debenture of Mr- Spencer
and Mr- Burt, late members of Council, be made up as follows : Mr-
Spencer 80 miles Travel 9.60, 2 Dys attendance 3.00, $12.60 ; Mr- Burt,
80 miles Travel 9.60, 2 Dys attendance 3.00, 12.60— $25.20.

The following resolution was received from the house :

" In General Assembly Oct. 12, 1801.

Resolved, the Governor and Council concurring therein, that at the
opening of the house this afternoon the Grand Committee meet for the
purpose of appointing Judges of the Supreme Court. Extract from the
Journals. Attest Jas- Elliot Clerk."

The same being read, Resolved, That the Governor and Council do
concur therein. Ordered, That the Secretary acquaint the house there-
with.

The resolution passed this day by Council, relative to the appoint-
ment of a Brigadier General, was returned from the house concurred.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

The Governor and Council met the house of Representatives in joint
Committee pursuant to the Concurrent resolutions of both houses —
And the ballots being taken and examined, Colonel Elisha Averill was
elected Brigadier General of the 2d- Brigade in the 2d- Division of the
Militia of this State. The ballots being taken and examined for Judges
of the Supreme Court, Israel Smith Esquire was elected Chief Judge,
and Royall Tyler and Stephen Jacob Esquires, Assistant Judges. The
joint Committee then dissolved, and the Governor and Council returned
to their Chamber.

Benjamin Swan Esquire, Treasurer of the State, produced his bonds,
and the sureties being approved, the Governor administered to him the
necessary oaths.

The Council Adjourned to 9 O'clock Tomorrow morning.

294 Governor and Council — October 1801.

Tuesday, October 13th- 1801, 9 O'clock A. M.

The Governor & Council met pursuant to adjournment, & met the
house of Kepresentatives in joint Committee for the purpose of corn-
pleating the County Elections agreeably to their adjournment, and after
making progress thereon, the said Committee adjourned untill the
opening of the house tomorrow morning, and the Council returned to
their Chamber.

His Excellency laid before the Council sundry papers relative to the
grant of a certain Gore made to James Anderson & Company, and a
request to have the Charter issued — whereupon, Resolved, That Mr-
Strong and Mr- Saftbrd be a Committee to examine the old records rela-
tive to the Grant of said Gore and report their opinion to the Council.

The following resolution was recd- from the house :

" In General Assembly Oct. 12, 1801.

Resolved, that a Committee consisting of a Member from each County
be appointed to take under consideration the expediency of passing a
law corresponding with the 33d- Section of the Constitution of this State,
to join a Committee from Council. Members chosen, — Mess8- Ormsby,
Shafter, Chipman, Stevens, Fuller, Hatch, Buel, Wing, Janes, Hinman,
and Dana. Ordered that this Committee report on Thursday morning
next. Extract from the Journals. Attest Jas- Elliot Clerk."

The same being read Resolved, That Mr- Robinson join the aforesaid
Committee.

The following resolution was received from the house :

"In General Assembly Oct. 12th- 1801.

On motion, Ordered, that a Committee consisting of a member from
each County be appointed to examine the expediency of erecting a work
house to join a Committee from Council to report by bill or otherwise.
Members chosen — Mess8- Robinson, Roberts, Flagg, Leland, Tarbox,
Painter, Lord, Bottom, Chapin, Sheldon & Wetherbee. Extract from
the Journals. All. Jas- Elliot Clerk."

The same being read, Ordered, That Mr. Marvin and Mr- Miller join
the aforesaid Committee.

The following order was received from the house of Representatives :

'•In General Assembly Oct. 12, 1801.

A petition from North Hero, another from South Hero and Middle
Hero, another from Alburgh, and the fourth from the Isle of Motte, all
praying lor a new Count}', were referred to Mes8- Wright, Roberts, T.
Harrington, Spooner, Rich, Jona- Fisk, Dunbar, Stanley & Williams, to
join a Committee from Council. Extract from the Journals.

Attest Jas- Elliot Clerk."

The same, with the several petitions alluded to, being read, Ordered,
That Mr- Loomis join the aforesaid Committee.

A petition from Daniel Cameron, praying for a suspension of all civil
prosecutions against him for the term of six years, was sent up from the
house of Representatives with this order thereon :

"In General Assembly Oct. 12, 1801.

Read and referred to Mr- Theophilus Harrington, Mr- Richards and Mr
Olin. On motion added Mr- Shafter and Mr- Ormsby, to join a Committee
from Council, state facts &c. Attest Jas- Elliot, Clerk."

And the same being read, Ordered, That Mr- Galusha join the afore-
said Committee.

The Petition of Nathaniel Brown Dodge, praying for an act suspend-
ing all civil prosecutions against him for the term of six years, was re-
ceived from the house with this order thereon :

Governor and Council — October 1801. 295

"In General Assembly Oct. 12, 1801.

Read and referred to the Committee on the Petition of Daniel Cam-
eron. Att. Jas Elliot Clerk."

And the same being read, Resolved, To concur therein.

The Petitions of William Fuller, Enos Kellogg and Samuel Scott,
praying for acts to suspend civil prosecutions against them for certain
times therein mentioned, were sent up from the house of Representa-
tives with this order on each :

"In General Assembly Oct. 12, 1801.

Read and referred to the Committee on the Petition of Daniel Cam-
eron. Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur in the reference of the
house thereon respectively.

The Petition of Jacob Bayley, Jesse Leavensworth and their asso-
ciates praying that the Charter of Danville may be declared null, and
that the Governor may be directed to issue a new one conformably to
the true intent and meaning of the original Grant, was sent up with this
order of the house thereon:

" In General Assembly Oct. 12, 1801.

Read and referred to Mess8- Linsley, Theo8- Harrington, Wing, Olcott,
and Hinman, to join, state facts &c. together with a remonstrance to
said Petition. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr Allis join the aforesaid
Committee.

A petition from John Ellsworth and others, praying that the Legisla-
ture will appoint and authorize a Judicious Committee to survey a
County Road to lead from Newbury and extend at least as far as the
termination of the road laid from Danville Court house to Greensboro'
by the direction of a former statute, was sent up from the house of Rep-
resentatives with this order thereon :

" In General Assembly Oct. 12, 1801.

Read and referred to Mr Buel, Mr Sanderson, Mr- Butler, Mr Veal,
[Vail,] & Mr Dunbar, to join a Committee from Council, state facts &c.

Attest James Elliot Clerk."

And the same being read, Ordered, That Mr- Chamberlain join the
aforesaid Committee.

A petition from Daniel Steward and others, praying for an alteration
in the Militia law so that the numerous train of Exempts may no longer
be excused from Military duty, was sent up with this order of the house
thereon, viz.

" In General Assembly Oct. 12, 1801.

Read and referred to Mr- Wright, Mr- Hunt, Mr- Hammond, Mr- Elias
Keyes, M*- Rich, M^- Hatch, M*- Wait, M1- Elkins, M^- Janes, M«-- Hin-
man and Mr- Beach, to join a Committee from Council to examine the
Militia law. Attest Jas- Elliot Clerk."

The same being read, Ordered, That the I> Governor join the afore-
said Committee.

A petition from Ephraim Pelton, praying for a new trial in a certain
case against Samuel Boardman, was sent up from the house with this
order thereon :

"In General Assembly, Oct. 10, 1801.

Read and referred to a Committee of one member from each County,
to join a Committee from Council, to state facts &c. Members chosen,
Mess8- Wright, Henry, Chipman, Strong, Linsley, Niles, B. Harrington,
Wing, Farnsworth, Stanley and Dana.

Attest Thos' Tolman Clk. pro tern." '

296 Governor and Council — October 1801.

And the same being read, Ordered, That Mr- Loomis join the afore-
said Committee.

The petition of John W. Dana and others, relative to the grant of
Turnpikes, was sent up with [this] order of the house thereon:

" In General Assembly Oct. 10, 1801.

Read and refered to Mr- Wheelock, Mr- Baker, Mr- Spooner, Mr- Chip-
man, Mr- Jas- Eiske, Mr- Burnham, Mr- Elkins, M^- Eln- Keyes, Mr- Hin-
man, Mr- Janes and Mr Beach to join a Committee from Council.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr Miller join the aforesaid
Committee.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Resolved, The house of Representatives concurring therein, That the
Governor and Council and house of Representatives, in their respective
houses, proceed at ten O'clock tomorrow morning to ballot for a person
as a Senator to represent this State in the Congress of the United States,
to supply the vacancy occasioned by the resignation of the hon'ble
Elijah Paine Esquire: and, immediately, that both houses convene in
joint Committee and compare the proceedings of both houses and de-
clare the person, if any, duly elected; and if no person is elected agree-
ably to law, to proceed by joint ballot to elect a Senator to represent
this State in the Congress of the United States.

The Council adjourned untill 9 O'clock Tomorrow morning.

Wednesday, October 14, 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The resolution passed yesterday, relative to the election of a Senator,
was returned from the house nonconcurred. Mr- Robinson, who brought
up said resolution, after stating the reasons of the house for such non-
concurrence, withdrew.

The Governor and Council met the house of Representatives in their
room pursuant to adjournment, in joint Committee, for the purpose of
compleating the County Elections, and after some progress therein the
Committee adjourned untill the opening of the house on Friday morn-
ing next, and the Governor and Council returned to their Chamber.

Resolved, The house of Representatives concurring therein, that the
Governor and Council and General Assembly, in their respective houses,
at two O'clock this afternoon, proceed to ballot for a Senator, to repre-
sent this State in the Congress of the United States, to supply the va-
cancy occasioned by the resignation of the hon'ble Elijah Paine. And,
immediately thereafter, that both houses shall convene in joint Commit-
tee in the Representatives' Room and compare the proceedings of the
several houses, and declare the person, if any, duly elected, and if no
person shall be elected, to proceed by joint ballot to elect a person as
Senator to represent this State in the Congress of the United States,
agreeably to law.

The above resolution was returned from the house concurred.

The following resolution was sent up from the house:

" In General Assembly Oct. 14, 1801.

On motion, A Committee consisting of five members, to join such
Committee as the Council may appoint, was appointed to take into con-
sideration the act for the support of the Gospel, and report whether any,
and, if any, what amendments and alterations thereof may be necessary.

Governor a?id Council —October 1801. 297

Leland, Mr- Jas- Fisk, Mr- Lyon, Mr- Butler and
M1'- Rich. Extract from the Journals.

Attest Jas Elliot, Clerk."

And the same being read, Ordered, That Mr- Galusha and Mr- Mar-
vin join the aforesd- Committee.

The following resolution was sent up from the house:

" In General Assembly Oct. 13, 1801.

On motion, a Committee consisting of a member from each County, to
join such Committee as the Council may appoint, was appointed to en-
quire whether any and what alterations and amendments are necessary
in the "act denning what shall be deemed and adjudged a legal settle-
ment; and for the support of the poor; for designating the duties and
powers of the overseers of the poor, and for the punishment of idle and
disorderly persons." Members chosen, M1'- Clark. Mr- Wright, Mr-
Spooner, Mr- T. Harrington, Mr- Ja8- Fisk, Mr- Linsley, Mr- Wing, Mr-
B. Harrington, Mr- Stanley, Mr- Pomeroy and Mr- De Forrest. Extract
from the journals. Attest Jas Elliot, Clerk.'''

And the same being read, Ordered, That Mr- Safford join the aforesaid
Committee.

The following resolution was sent up from the house:

" In General Assembly Oct. 13, 1801.

On motion, A Committee was appointed consisting of a member of
each County, to join such Committee as the Council may appoint, to be
denominated the Second land tax Committee. Members chosen, Mr-
Blake, Mr- Jos. Clark, Mr- Crane, Mr- Emmons, Mr- Ferguson, Mr-
Goodale, Mr- Lyon, Mr- Bliss, Mr- Larabee, Mr- Chapin and Mr- Will-
iams. Extract from the Journals. Att. Jas Elliot, Clerk."

And the same being read, Ordered, That Mr- Strong do join the afore-
said Committee.

The following resolution was sent up from the house:

" In General Assembly Oct. 13, 1801.

A Committee was appointed, consisting of one member from each
county, to join such Committee as the Council may appoint, to be de-
nominated the Third land Tax Committee. Members Chosen, Mr- Tay-
lor, Mr- Bradley, Mr- Prentiss, M1 Marsh. Mr- Wheatley, Mr- Wright,
Mr- Vincent, Mr- Law, M1- Stanley, Mr- Dana and Mr Sheldon. Ex-
tract from the Journals. Attest Jas Elliot, Clerk."

And the same being read, Ordered, That Mr Robinson join the afore-
said Committee.

Petitions from a large number of the Citizens of Massachusetts,
Connecticut, New Hampshire, and this State, praying for the repeal of
an act Entitled "An act relating to Pine and other timber floating in
Connecticut River or lodged on its Shores," passed in the last session,
or that relief might be given in the premises, was sent up from the
house with this order thereon:

"In General Assembly Oct. 14, 1801.

Read and referred to Mr Chipman, Mr Shaw, Mr- David Sheldon, Mr-
Crafts, and Mr- Law, to join such Committee as the Council may appoint,
to take into consideration said petition and the act therein referred to,
state facts, and make report. Attest Jas- Elliot Clerk."

The said petition being read, Ordered, That Mr- Chamberlain do join
the aforesaid Committee.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

On motion, Ordered, That the Secretary acquaint the house of Repre-
sentatives that the Council are now ready to proceed to ballot for a

298 Governor and Council — October 1801.

Senator to represent this State in the Congress of the United States,
agreeably to the concurrent resolution of both houses.

Mr- Witherell, member of the house of Representatives, informed the
Council that the house will proceed to ballot for a Senator in the course
of fifteen minutes, and he withdrew.

The fifteen Minutes having expired, on motion, Resolved, That the
Council do now proceed to ballot for a Senator agreeably to the concur-
rent resolution of both houses. And the ballots being taken and
examined, The hon'ble William Chamberlin Esquire had a majority of
the whole number of Yotes, and was declared duly elected on the part
of the Governor and Council.

Mr- Robinson, member of the house, appeared in the Council Chamber
and delivered this message:

aMay it please your Excellency, I am directed to acquaint your
Excellency and the hon'ble Council That the house of Representatives
have compleated on their part, by ballot, the election of a Senator,
agreeably to the concurrent resolution of both houses, and are now
ready to meet the Governor and Council in joint Committee to compare
their different nominations — and he withdrew.

Whereupon, the Governor and Council immediately proceeded to the
Representatives' Room, and met that house in joint Committee, when
the proceedings of the Council on that subject were read, and, also, the
following proceedings of the house of Representatives, viz.

" In General Assembly Oct. 14, 1801.

On motion, Resolved, That this house will now proceed to ballot for
a Senator to represent this State in the Congress of the United States,
in the room of the hon'ble Elijah Paine Esqr- agreeably to the concur-
rent resolution of the Governor and Council and General Assembly of
this day. The ballots being taken, it appeared that the hon'ble Stephen
R. Bradley Esqr- had a majority of all the votes as a Senator in Con-
gress in the room of the hon'ble Elijah Paine Esqr- and [he] was
declared duly elected on the part of this house, and, on motion, Mr- Rob-
inson was directed to inform the Governor & Council of this nomina-
tion."

It appearing from the above proceedings of both houses that they had
not united in the same person, Resolved, That the joint Committee do
now proceed, by ballot, to elect a person for the purpose aforesaid, and the
ballots being taken and examined, The hon'ble Stephen R. Bradley
Esquire had a majority of all the Votes of said Committee — When Jo-
siah Edson Esquire, Sheriff' of the County of Orange, by public procla-
mation, declared the said Stephen R. Bradley duly elected a Senator to
represent this State in the Congress of the United States, to supply the
vacancy occasioned by the resignation of the hon'ble Elijah Paine Es-
quire. The joint Committee then dissolved, and the Governor and
Council returned to their Chamber and adjourned untill 9 O'clock To-
morrow morning.

Thursday, October 15, 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill passed in the house of Representatives Entitled " An act in
addition to an act Entitled k An act granting the right of making a Turn-
pike road from Brookfield to Onion River to Elijah Paine, his heirs and
Assigns,'" was sent up for revision and concurrence or proposals of
amendment, and being read, Resolved, to concur with the house in pass-

ing the said bill into a Law.

Governor and Council — October 1801. 299

The Petition of Simeon Riley, praying that all civil prosecutions
against him may be suspended for five years, was received from the
house with this order thereon :

u In General Assembly Oct. 13, 1801.

Read and referred to the Committee on the Petition of Daniel Cam-
eron, to state facts &c. Attest James Elliot Clerk:'

Resolved, To concur in the said reference.

M1- Strong, from the Committee appointed on the papers laid before
the Council by his Excellency relative to the Grant of a certain gore of
land made to James Anderson and Company, reported That, having ex-
amined the records of the Governor and Council, they find the following
resolution, viz.

"Resolved, That each Proprietor of the Gore of land, granted to James
Anderson and Company, ten in number, pay six pounds lawful money
granting fee, to be paid by the first day of January next. Manchester
Oct. 17, 1782."

Which report was read and accepted, whereupon Resolved, That his
Excellency the Governor be and he hereby is advised by Council to
issue a charter of said Gore of land in due form agreeably to the return
and survey of the Surveyor General.

The hon'ble Royall Tyler Esq1'- appeared in the Council Chamber, sig-
nified his acceptance of the office of Assistant Judge of the Supreme
Court, and the oaths prescribed by law were administered to him by the
Governor.

A Petition from Aaron Elliot, praying that an act may be passed,
granting to him the exclusive right of manufacturing Crawley and blis-
tered Steel in the Stale of Vermont, and that he will manufacture thirty
Tons per year of as good a quality as any made in the United States,
was sent up from the house with this order thereon :

"In General Assembly Oct. 14, 1801.

Read and referred to Mr- Watkins, Mr- Hunt, Mr- Chipman, M1-
Cleaveland, Mr- Rich, M>- Tarbox, Mr- Hay, Mr- Wing, Mr- Sheldon,
Mr- Strong, and M1'- Weatherbee, to join such Committee as the Coun-
cil shall appoint, to state facts & make report.

Attest Jas- Elliot, Clerk."

And the same being read, Ordered, That Mr- White and Mr- Allis join
the aforesaid Committee.

The Petition of Timothy Bartholomew in behalf of the proprietors of
Thetford, praying the Legislature to pass an act empowering them to
compleat a survey of said township, to make a plan thereof, to vote to
each proprietor such share of land as he hath allready pitched not ex-
ceeding the quantity to a right, or to any or all the settlers the lots by
them taken up by virtue of a purchase from said Proprietors — And in
general, to make legal all proceedings of said proprietors which do not
appear to be inconsistent with the constitution and laws of this State,
and further to empower them to compleat a division of all the lands in
said Township to and among the proprietors in proportion to their sev-
eral shares, either by voting them to the same, or by allowing them to
draught or pitch the same, was sent up from the house with this order
thereon:

k4 In General Assembly Oct. 14th- 1801.

Read and referred to Mr- Wait, Mr Shaw, and M> Hatch, to join a
Committee from Council, to state facts &c.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That the I> Governor join the
aforesaid Committee.

A bill, passed in the house of Representatives, Entitled " An act

300 Governor and Council — October 1801.

establishing the Goal in the County of Franklin a Prison for receiving
and safe keeping Prisoners committed under the authority ot the United
States," was sent up for revision and concurrence or proposals of amend-
ment, and the same being read, Ordered, That it be referred to Mr- Mar-
vin and Mr- White to report thereon.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Committee on the bill Entitled " An act establishing the Goal in
the County of Franklin a prison for receiving and safe keeping Prison-
ers committee under the Authority of the United States," reported the
same with amendments, which report was accepted, and the bill being
read as amended, Resolved, To concur in passing the said bill, with the
amendments accompanying the same, to be inserted after the word
" receive " in the 2nd- line of the 2nd- Section, and the residue of said Sec-
tion be erased.

The Council adjourned untill 9 O'clock Tomorrow morning.

Friday, October 16th- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council proceeded to the house of Representatives
and met that body in joint Committee, agreeably to adjournment, for the
purpose of compleating the elections of the County officers, and after
progress made therein, the Committee adjourned untill the opening of
the house on Wednesday morning next, and the Governor and Coun-
cil returned to their Chamber.

A Petition praying for a tax of three cents on each acre of land in
Newark and Random [Brighton,] public rights excepted, was sent up
from the house, with this order thereon:

" In General Assembly, Oct. 15 1801.

Read and referred to the third land Tax Committee to join.

Attest Jas Elliot Clerk."

Resolved, To concur in said Reference.

A bill, passed in the house of Representatives, Entitled '-An act
relating to the Court-house in Chelsea in the County of Orange," was
sent up for revision &c. and being read, Resolved, To concur with the
house in passing said bill into a law.

Mr- Jacob, member of Council, observed in his place, that having
been elected a Judge of the Supreme Court of Judicature and having
aceepted the said appointment, he should at this time resign his office
as Councillor.

Adiourned to 2 o'clock P. M.

J 2 O'clock P. M.

The house of Representatives having risen, to attend to Committees,
the Council adjourned to 9 o'clock tomorrow morning.

Saturday, October 17th- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The hon'ble Noah Chittenden Esquire, elected a Councillor, appeared
in the Council Chamber, accepted his appointment, and after taking the
necessary oaths was admitted to a seat.

Mr- Chamberlain, for particular reasons which he stated, moved to be
excused from sitting on the Petition of John Ellsworth and others.
Ordered, That he be excused, and that M1 • Chittenden do serve on said
Petition in his room.

Governor and Council — October 1801. 301

The Petition ofWm- A. Griswold and others, praying that a grant
may be passed for a Turnpike road from the mouth of Wells River to
Danville, in the most elegible place thro' the towns of Ryegate, Barnet,
Peacham, Deweysburgh and Danville, was received from the house with
this order thereon:

" In General Assembly, Oct. 16th- 1801.

Read and referred to the Committee on the Petition of John Ellsworth
and others. Attest Jas Elliot Clerk."

And the same being read, Resolved, To concur in the said reference.

A Petition from Jonathan Ware, praying that a Committee may be
raised to lay a highway from Cabot to Newbury, and that a tax of one
cent on the acre in Danville and Barnet, two cents on the acre in
Peacham, three cents on the acre in Deweysburgh, and four cents on
the acre in Ryegate, may be raised to make and repair said highway;
and A Petition from John Skeels, praying that two cents of the tax
prayed for by Jonathan Ware and others may be appropriated to lay
out, make or repair a road from Newbury to Cabot, and that an impar-
tial and disinterested Committee may be appointed to lay out and estab-
lish the same in the most direct and easy route, after viewing the sev-
eral routs that may be proposed, were sent up from the house with this
order on each:

" In General Assembly Oct, 16, 1801.

Read and referred to the Committee on the Petition of John Ells-
worth and others. ' Attest Jas- Elliot, Clerk"

And the same being read, Resolved, To concur in the reference
thereon respectively.

The Petition ofEbenezer Morse, praying for an act suspending all
civil prosecutions against him for the term of three years, was received
from the house with this order thereon:

u In General Assembly Oct. 14, 1801.

Read and referred to the Committee on the petition of Daniel Came-
ron. Attest Jas- Elliot, Clerk."

And the same being read, Resolved, To concur in the said reference.

A bill, passed in the house of Representatives, Entitled u An act to
establish and confirm the division of the town of Winhall," was sent up
for revision &c. and being read, Ordered, That it be referred to Mr- Ga-
lusha to enquire into the evidence before the Committee of the house
and report thereon.

The Petition of Samuel Barnum, in behalf of the Inhabitants and
landowners in Monkton, praying for [a] tax of two cents on each acre of
land in said town, public rights excepted, for the purpose of making and
repairing roads in said town, was received from the house, with this or-
der thereon.

" In General Assembly Oct. 14th 1801.

Read and referred to the Second land tax Committee.

Attest Jas- Elliot, Clerk."

And the same being read, Resolved, To concur with the house in their
said reference.

A Petition from the proprietors and landowners in the town of Swan-
ton, praying for a tax of two cents on each acre of land in said town, for
the purpose of Compleating the bridge over Missisquoi River and re-
pairing other bridges in said town, was recd- from the house with this
order thereon:

" In General Assemblv Oct. 13th- 1801.

Read and referred to the Third land Tax Committee.

Attest Jas Elliot, Clerk."

302 Governor and Council — October 1801.

And the same being read, Resolved, To concur in the above reference
of the house.

A bill, passed in the house of Representatives, Entitled "An act
granting to Aaron Ellsworth of Killingworth, in the county of Middle-
sex and State of Connecticut, his heirs and assigns, the exclusive right
of manufacturing Crawley and Blistered Steel in this State for the term
of ten years/' was sent up for revision &c. and being read, Ordered,
That it be referred to Mr- White and Mr- Loomis, to report amend-
ments.

Mr- Galusha, to whom was referred the bill Entitled " An act to es-
tablish and confirm the division of the town of Winhall," reported that,
having examined into the evidence before the Committee of the house,
is of opinion the same ought to pass, which report was accepted, and
then it was Resolved, To concur in passing said bill into a law.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
directing the Treasurer of this State to pay to the Selectmen of Leicester
the sum therein mentioned," and "An act directing the Treasurer of
this State to pay the town of Fairfield the sum of ten Dollars," and the
said bills being severally read and considered, Resolved, To concur in
passing them into laws respectively. Ordered, That the Secretary ac-
quaint the house therewith.

The following resolution was received from the house viz.

"In General Assembly Oct. 17, 1801.

Resolved, the Governor and Council concurring therein, that his Ex-
cellency the Governor and Council meet in the Representatives' room,
at the hour of eleven O'clock this morning, to unite with the house in
joint ballot for the choice of a person to serve as Councillor in the room
of the hon'ble Stephen Jacob Esquire, who has resigned that office.
Extract from the Journals. Attest Jas- Elliot, Clerk."

And the same being read, Resolved, To concur with the house in the
same.

At Eleven O'clock, his Excellency being absent thro indisposition, the
I> Governor and Council repaired to the Representatives' room and
met that body in joint Committee for the purpose expressed in the
foregoing resolution : His Honor the I> Governor in the Chair, The
Secretary of State Clerk. The ballots being taken and examined, Elia-
kim Spooner Esquire had a majority of all the votes, when Josiah Ed-
son Esq1*- Sheriff* of Orange County, by public proclamation declared the
said Spooner duly elected a Councillor for the year ensuing by the joint
ballots of both houses.

The Committee then dissolved & the Council returned to their
Chamber.

Petitions from several persons and towns, praying for grants of land
taxes on each acre of land in the towns of Jamaica, Reedsboro', Ripton,
Sheldon, Essex, Colchester, Marshfield, Huntsburgh [Franklin], Wal-
den Gore, Coventry, and Warren, public rights excepted, for the pur-
pose of making and repairing roads and building bridges in said towns,
were received from the house with the following or similar order on
each.

"In General Assembly Oct. 10 to 16.

Read and referred to the first land tax Committee.

Attest Jas- Elliot, Clerk:1

And the said Petitions being severally read, Resolved, To concur with
the house in their reference of the same.

The following written message was received from the house :

Governor and Council — October 1801. 303

"In General Assembly Oct. 16, 1801.

The amendments of the Governor and Council to the bill Entitled
"An act establishing the Goal in the County of Franklin a prison for re-
ceiving and safe keeping prisoners committed under the Authority of
the United States," is concurred. Attest Jas- Elliot, Clerk."

Petitions from sundry persons and Towns, praying for grants of Taxes
on each acre of land in the Towns of Eden, Cabot, Wolcott, Roxbury,
Walden, Stockbridge, Waterford and Lemington, public rights excepted,
for the purpose of making and repairing roads and building bridges in
said towns, were sent up from the house with the following or a similar
order on each:

" In General Assembly Oct. 10 to 16, 1801.

Read and referred to the Third land Tax Committee.

Attest Jas- Elliot, Clerk."

And the same being severally read, Resolved, To concur with the
house in their reference of the same.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Ordered, That the Secretary write to the hon'ble Eliakim Spooner
Esqr- informing him that he was this day elected a Councillor by the
joint ballot of both houses,^and requesting him to appear and take his
seat as soon as possible.

Mr- White, from the Committee on the bill Entitled "An act granting
to Aaron Elliot of Killingworth, in the County of Middlesex and State
of Connecticut, his heirs and assigns, the exclusive right of manufactur-
ing Crawley and Blistered Steel for the term of ten years," reported
Amendments to be made thereto, which were accepted and then Re-
solved, To concur in passing the said bill as amended, and that the same
be transmitted to the house by the Secretary.

Mr- Miller laid before the Council sundry papers relative to the Grant
of lands made to Nathan Fisk Esqr- and Company and George Duncan
and Company, made Oct. 26th 1781, together with a Survey of the Town
of Duncansboro' [Newport,] certified under the hand of the Surveyor
General, and the same being read and considered, on motion, Resolved,
That his Excellency the Governor be and he hereby is advised by Coun-
cil to issue a charter of incorporation of the Town of Duncansboro' in
due form agreeably to the return and survey of the Surveyor-General,
as soon as his Excellency shall be furnished with a correct copy of the
Grantees by the land Committee.

Eliakim Spooner Esqr- appeared in the Council Chamber, signified his
acceptance of the office of Councillor, and after taking the necessary
oaths was admitted to a seat.

Adjourned to 10 O'clock on Monday morning next.

Monday, Newbury, October 19th- 1801, 10 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
laying a tax of four cents per acre on the tract called Parker's Gore, for
the purpose therein mentioned;" "An act laying a tax of one cent per
acre on Kelly vale [Lowell,] for the purpose therein mentioned ;" and
"An act directing the Treasurer to pay to Seth Storrs, Auditor, the sum
therein mentioned;" and the said bills being severally read and consid-
ered, Resolved, To concur in passing the same respectively into laws.
Ordered, That the Secretary acquaint the house with the same.

304 Governor and Council — October 1801.

A bill, passed in the house of Representatives, Entitled "An act author-
izing the Proprietors of Craftsbury to establish their former proceedings,"
was sent up for revision, &c. and the same being read and considered,
Ordered, That it be referred to Mr- Spooner to inquire into the facts
stated in the preamble to said bill.

A bill, passed in the house of Representatives, Entitled "An act
affecting the outlines of the town of Caldersburgh [Morgan] and altering
the name thereof," was sent up for revision &c. and the same being
read and considered, Resolved, To concur with the house in passing the
said bill into a law, with these proposals of amendment: subjoin [to] the
2nd- Section the following, "And that the line so described as aforesaid
shall be a part of the line dividing the Counties of Essex and Orleans,
any thing in any other act or acts to the contrary notwithstanding,"
and that the title of the bill be as follows, viz. "An act annexing Brown-
ington and Whitelaw's Gores to Caldersburgh, and the easterly part of
said Caldersburgh to Wenlock, describing a part of the County lines
between the Counties of Essex and Orleans, and altering the name of
Caldersburgh to that of Wenlock." Ordered, That the Secretary carry
the said bill to the house and inform them of the above amendments.

Adjourned to 2 o'clock P. M.

2 O'clock P. M.

The following resolution was received from the house:

uIn General Assembly Oct. 19, 1801.

Resolved, the Governor and Council concurring therein, that at the
opening of the house this afternoon the joint Committee meet in the
Representatives' room for the purpose of making the appointments of
Auditor, of accounts against the State and Surveyor General. Extract
from the Journals. Attest Jas Elliot Clerk.''1

Resolved, To concur in the same, and the Secretary was directed to
inform the house thereof, and that the Governor and Council will imme-
diately attend in the Representatives' Room. The Governor and Coun-
cil accordingly repaired to the Representatives' room and met the house
in joint Committee for the purpose expressed in the foregoing resolu-
tion : His Excellency in the Chair — The Secretary of State Clerk.
When Benjamin Emmons Junr- of Woodstock was elected auditor of
accounts against the State, and James Whitelaw Surveyor-General.
The Committee then dissolved, and the Governor and Council retired to
their Chamber.

A bill, passed in the house of Representatives, Entitled "An act
directing the Treasurer of this State to pay Joseph Beeman Esquire the
sum of Twenty nine dollars on the account therein mentioned," was sent
up for revision &c. and being read, Ordered, That it be referred to Mr-
Chamberlain to examine into the facts and report his opinion thereon.

The following note was received from the house :

" In General Assembly Oct. 19, 1801.

The amendment of the Governor and Council to the bill Entitled
" An act granting to Aaron Elliot of Killingsworth, in the County of
Middlesex in the State of Connecticut, his heirs and assigns, the exclu-
clusive right of manufacturing Crawley and Blistered Steel in this State
for the term often years," is concurred in by the General Assembly and
the bill passed as amended. Att. Jas- Elliot Clk."

A bill, passed in the house of Representatives, Entitled " An act reg-
ulating proceedings when listers make mistakes in footing the lists,"
was sent up for revision &c. & being read, Ordered, That it be referred
to Mr- Galusha and Mr- Chittenden to take the same under consideration
and report thereon.

Mr- Spooner, to whom was referred the bill Entitled "An act author-

Governor and Council — October 1801. 305

izing the proprietors of Craftsbury to establish their former proceed-
ings," reported that the said bill ought to pass, and the same being
again read, before any order was taken on sd- report, Ordered, That the
same be again referred to an additional Committee, and Mr- White was
appointed.

The Council adjourned untill 9 O'clock Tomorrow morning.

Tuesday, October 20th- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr- Galusha, from the Committee to whom was referred the bill En-
titled " An act regulating proceedings when the Listers make mistakes
in footing the lists," reported a new title to said bill, viz. " An act pro-
viding relief for Collectors of State Taxes," with sundry amendments —
which report was read, and being largely discussed, was rejected. On
motion, Ordered, That said Committee be discharged and that the said
bill be referred to a new Committee to report such amendments as shall
meet the sense of Council. Members chosen, Mr- White and Mr-
Marvin.

Mr- Chamberlain, to whom was referred the bill Entitled " An act
directing the Treasurer of this State to pay to Joseph Beeman Esquire
the sum of twenty nine dollars on the account therein mentioned," re-
ported verbally, that having examined the facts, he finds that the Sur-
vey which has been made by the said Beeman, which he considers a
service, was done by virtue of a Commission from the Surveyor-General,
yet that said service, he learns, was to be defrayed by private individ-
uals, and not at the expense of the State, and therefore is of the opinion
said bill ought not to pass: whereupon Resolved, That the Governor
and Council do not concur in passing said Bill. & Ordered, That Mr-
Chamberlain carry sd- Bill to the house & inform them of the reasons of
such nonconcurrence.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act an-
nexing the town of Norfolk to that of Canaan," was sent up for revision
&c. and being read and considered, Resolved, To concur in passing the
same into a Law. Ordered, That the Secretary acquaint the house
therewith.

On motion, Mr- Galusha obtained leave to bring in a bill Entitled "An
act in addition to an act Entitled * an act for the limitation of suits on
penal statutes, criminal prosecutions and actions at law,' " and the same
being read and considered, Resolved, That the said bill do pass, and
Ordered, That it be engrossed and sent to the house for their revision
and concurrence &c.

A bill, passed in the house of Representatives, Entitled " An act in
addition to an act Entitled ' an act incorporating certain persons therein
mentioned by the name of the Center Turnpike Company,' " was sent up
for revision &c. and being read and discussed, Ordered, That it be referred
to the L*- Governor and Mr- Allis to examine the same and report their
opinion thereon.

The Council adjourned untill 9 O'clock Tomorrow morning.

Wednesday, October 21st- 1801, 9 O'clock A. M.
The Council met pursuant to adjournment.

Agreeably to adjournment, the Governor and house of Representa-
tives convened in joint Committee in the Representatives' room, to

20

306 Governor and Council — October 1801.

complete the County Elections. No business being reported, but sug-
gested to be ready on a future day, Resolved, That the Committee ad-
journ to the opening of the house on Friday morning next — And the
Governor and Council returned to their Chamber.

Mr- Marvin, to whom was referred the bill Entitled " An act regula-
ting proceedings where Listers make mistakes in footing the lists," re-
ported the same bill with an alteration of the title and sundry other
amendments, which were accepted & Resolved, To concur with the
house in passing said bill as amended, and Mr- Marvin appointed to
inform the house of the reasons of Council in proposing the said amend-
ments.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following resolution was received from the house :

" In General Assembly Oct. 21st- 1801.

Resolved, That his Excellency the Governor, by and with the advice
of Council, be requested to issue his Proclamation appointing the First
Thursday of December next to be observed as a day of public Thanks-
giving and praise throughout this State. Extract from the Journals.

Attest Jas Elliot Clerk:'

And the same being read, Resolved, That the Council do advise his
Excellency to issue his Proclamation agreeably to the foregoing resolu-
tion.

A bill, passed in the house of Representatives, Entitled "An act direct-
ing the Treasurer of this State to suspend his Extent against the Col-
lector of the Town of Ferrisburgh for the year 1800, for the term of one
year," was sent up for revision &c. and being read, Resolved, To concur
with the house in passing the said bill into a law.

The Council took under consideration certain resolutions relative to
districting the State for the choice of Electors of President and Vice-
President, and for districting the State for the Choice of Representatives
to the Congress of the United States, predicated on the Resolutions for-
warded to his Excellency by the Executive of the State of Maryland —
and after some time spent therein, The Council adjourned untill 9
O'clock Tomorrow morning.

Thursday, October 22nd- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following resolution was received from the house :

" In General Assembly Oct. 22d- 1801.

Resolved, the Governor and Council concurring therein, that they
meet the house of Representatives in the Representatives' room at ten
O'clock this forenoon for the purpose of electing a person to do the duty
of Auditor of accounts against this State, pro tem. Extract from the
Journals. Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur therein, and Ordered
that the Secretary inform the house thereof.

At ten O'clock" the Governor and Council repaired to the Representa-
tives' room and met in joint Committee for the purpose expressed in the
foregoing resolution : His Excellency in the Chair, Richard Whitney
Secretary to the Gov & Council Clerk. The ballots being taken and
examined, Isaac Bayley Esquire was declared duly elected. The Com-
mittee then dissolved, and the Governor and Council returned to their
Chamber.

The Petition of Charles Goodrich, Agent for the Proprietors of Pitts-
field & Hancock, referred from the last Session, praying to be reim-

Governor and Council — October 1801. 307

bursed certain monies paid for the Granting fees of Pittsfield & Han-
cock, which the Charters of said Towns do not embrace, was sent up
from the house with this order thereon:

"In General Assembly Oct. 22, 1801.

Bead and Keferred to Mr- D. Sheldon, Mr Henry, Mr- P. Smith, Mr-
Williams, Mr- Holley, Mr- Niles, Mr- Butler, Mr- Elkins, Mr- Dana,
Mr- Strong and Mr- [S. B.] Sheldon to join such Committee as the Coun-
cil may appoint. Att. Jas- Elliot Clerk."

And being read, Ordered, That Mr Strong and M> Safford do join the
aforesaid Committee.

The 3> Governor, from the Committee to whom was referred the bill
Entitled " An act in addition to an act Entitled ' an act incorporating
certain persons therein mentioned by the name of the Centre Turnpike
Company,' " reported, That the said bill ought to pass, with this provis-
ionary clause, " that the said Centre Turnpike Company shall not erect
any gate, or in any way interfere with the priviledges of the Woodstock
and Koyalton Turnpike Company, between the junction of said roads
and Woodstock " — which report was accepted, and then it was Kesolved,
To concur with the house in passing the said bill as amended, and Mr-
Galusha appointed to carry said Bill to the house & inform them of the
reasons of Council in proposing the sd- amendment.

On motion of Mr- Marvin, Resolved, That his Excelleney the Gov-
ernor be and he hereby is advised by Council to issue to Ebenezer
Marvin Esquire a Charter of conveyance of seven hundred and eighty
seven acres of land, lying west of and adjoining the west line of Hunts-
burgh in the County of Franklin, as said line is now surveyed by the
proprietors of said Huntsburgh, agreeably to said Marvin's survey bill
thereof, it being a part of a gore of land granted to said Marvin by the
Legislature of this State at their Session at Windsor on the 4th- Novem-
ber 1793, on the granting fees of ten Pounds lawful money being paid
into the Treasury of this State, it being the sum assessed by a Commit-
tee appointed for that purpose on each hundred acres, amounting in the
whole to two hundred and sixty two dollars and thirty seven cents.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act in
addition to an act Entitled ' An act for the purpose of raising the sum of
five hundred Dollars by lottery,' passed Novr- 8th- 1797," was sent up for
revision &c. and the same being read, Resolved, That the Governor and
Council do not concur in passing the said [bill] into a law, for the fol-
lowing reasons :

1* Because the Petition of Thaddeus Munson and others, upon which
the said bill is predicated, is a petition between party and party, and no
notice appears to have been given to the opposite party to appear and
shew cause why the prayer thereof ought not to be granted.

2ndy. Because the Managers of said lottery were, by the act granting
the same, to give bonds for the faithful discharge of their trust, which
bonds, if duly executed, are the proper remedy for the grievances com-
plained of.

And 3rd- That all the acts affecting the rights, liabilities and forfeit-
ures of individuals made subsequent to the act or acts creating or im-
posing such rights, liabilities and forfeitures, are in themselves uncon-
stitutional and void.

The Council Adjourned untill 9 O'clock Tomorrow morning.

308 Governor and Council — October 1801.

Friday, October 23rd- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

Agreeably to adjournment the Governor and Council met the house
of Representatives in their room in joint Commitiee, for the purpose of
compleating the County Elections, and progress being made therein,
the Committee adjourned untill the opening of the house on Tuesday
morniug, and the Governor & Council returned to their Chamber.

The following resolution was received from the house :

"In General Assembly Oct. 28, 1801.

Resolved, That a Committee of one member from each County be
appointed, to join such Committee as the Council may appoint, to take
into consideration that part of his Excellency's speech at the commence-
ment of the present Session in which he has recommended to the
Legislature the state of our Militia, and the propriety of purchasing
arms for their use, or encouraging the manufacture of arms in this
State, and also the propriety of furnishing field Artillery for the use of
the several brigades, and report by bill or otherwise. Members chosen
— Mess8- Martindale, Noyes, Shaw, Elias Keyes, Speaker, Hatch, Bost-
wick, Crafts, Dana, Holmes and Wing. Extract from the Journals.

Attest Jas Elltot Clerk."

The same being read Ordered, That Mr Chamberlain and Mr- Chitten-
den do join the said Committee.

The Committee to whom was referred the bill Entitled "An act
authorising the proprietors of Craftsbury to establish their former pro-
ceedings," reported that said bill ought to pass, & the said bill being
again read, Resolved, to concur with the house in passing the said bill
into a law. Ordered, That the Secretary inform the house of the same.

On motion of Mr Miller, Resolved, The house of Representatives
concurring therein, that the Governor and Council meet the house of
Representatives in joint Committee in the Representatives' room, at 2
O'clock this afternoon, for the purpose of electing a Chief Judge of the
Supreme Court of Judicature, in the room of the hon'ble Israel Smith
Esqr- who declines accepting the said appointment. Ordered, That the
above resolution be transmitted to the house by the Sec?- The above
resolution was returned from the house by Mr- Olin with this order
thereon:

"In General Assembly Oct. 23, 1801.
, Read and nonconcurred, and Mr- Olin was appointed to return the
resolution to the Governor and Council and assign the reasons of the
nonconcurrence of this house. Att. Jas- Elliot Clk."

And Mr- Olin, after stating the same, withdrew.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled "An act
laying a Tax of four cents per acre on all the lands, public rights
excepted, in the town of Burlington, County of Chittenden, lying west
of the dividing line between the said town of Burlington and Williston,
as established in an act passed Nov. 8th- 1797, Entitled 'An act describing
the division line between the towns of Burlington and Williston for the
purpose therein mentioned,'" was sent up for revision &c. and the
same being read, Resolved, To concur with the house in passing said
bill into a law. Ordered, That the Secretary acquaint the house
therewith.

The following resolutions were received from the house :

"In General Assembly Oct. 19, 1801.

"Resolved, That in the opinion of the legislature the following amend-
ments to the Constitution of the United States would conduce to the

Governor and Council — October 1801. 309

happiness of the Citizens thereof, by the establishment of an uniform
mode for the choice of Electors of President and Yice President of the
United States, and of Representatives to Congress :

"lBt- That after the Third day of March, in the year one Thousand
eight hundred and one, the choice of Electors of President and Vice
President shall be made by the Legislature of each State dividing the
State into a number of districts equal to the number of Electors to be
chosen in such state, and by the persons, in each of those districts, who
shall have the qualifications requisite for Electors of the most numerous
branch of the legislature of such state, choosing one Elector in the man-
ner which the legislature thereof shall prescribe, which districts when
so divided shall remain unalterable, untill a new census of the United
States shall be obtained.

«2nd. That the election of Representatives to serve after the third day
of March, 1803, shall be by dividing each State, by the legislature there-
of, into a number of districts equal to the number of Representatives to
which such State shall be entitled, and by the people within each of
those districts, who shall have the qualifications requisite for Electors of
the most numerous branch of the legislature of such State, choosing one
Representative in the manner which the Legislature thereof shall pre-
scribe ; which districts, when so divided, shall remain unalterable untill
a new Census of the United States shall be obtained.

''Ordered, That the foregoing resolutions be sent to the Governor and
Council for their concurrence or proposals of amendment. Extract from
the Journals. Attest James Elliot, Clerk."

The same being read and considered, on the question, Will the Gov-
ernor and Council concur in passing the said Resolutions, the yeas and
nays being required by Mr- Marvin, Those who voted in the affirmative
were The L*. Governor, M1- Chittenden, Mr- Galusha, Mr- Loomis, Mr-
SafFord, Mr- Spooner, and Mr- White. Those who voted in the negative
were Mr- Allis, Mr- Chamberlain, Mr- Marvin, Mr- Miller, Mr- Robinson,
and M1- Strong. Yeas, 7— Nays, 6 : so they passed in the affirmative
Ordered, That the Secretary acquaint the house with the same.

The following resolution was received from the house :

"In General Assembly Oct. 23, 1801.

Resolved, That a Committee of three Members be appointed to join
such Committee as the Council may appoint, to take into consideration
the propriety of repealing the act Entitled " An act dividing the State
into districts for electing Representatives to the Congress of the United
States, and directing the mode of their election," agreeably to the rec-
ommendation contained in the Speech of his Excellency the Governor
at the commencement of the present session, and report by bill or other-
wise. Members chosen, Mr. Wing, Mr- Hatch and Mr- Chipman. Ex-
tract from the Journals. Attest James Elliot CZerfc."

And the same being read, Ordered, That Mr- Spooner join the afore-
said Committee.

The following resolution was sent up from the house:

" In General Assembly Oct. 23d- 1801.

Resolved, the Governor and Council concurring therein, that his Ex-
cellency the Governor and Council meet the house of Representatives
in joint Committee in the Representatives' room at the opening of the
house tomorrow morning, to appoint by joint ballot a person to the office
of Chief Justice in the room of Israel Smith Esquire, who has declined
said office. Extract from the Journals.

Attest Jas- Elliot Clerh"

310 Governor and Council — October 1801.

And the same being read, Resolved, To concur with the house therein.
Ordered, That the Secretary acquaint the house with the Concurrence
of Council in both the foregoing Resolutions.

The Council adjourned untill 9 O'clock A. M. tomorrow.

Saturday October 24th- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council repaired to the house of Representatives
and met in joint Committee agreeably to the concurrent resolution of
both houses, to elect a Chief Judge of the Supreme Court of Judicature
in the room of the hon'ble Israel Smith Esquire, who declines said
appointment : His Excellency in the Chair, The Secretary of the Gov-
ernor and Council Clerk. The ballots being taken and examined. The
hon'ble Jonathan Robinson Esqr- was declared duly elected. And the
Governor and Council returned to their Chamber.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : " An act
laying a Tax of one cent per acre on the town of Stockbridge, for the
purpose therein mentioned;" "An act laying a Tax of three Cents per
acre on Norfolk, for the purpose therein mentioned;" "An act laying a
tax of two cents per acre on the town of Swanton, for the purpose
therein mentioned;" " An act laying a tax of three cents per acre on the
towns of Newark and Random, for the purpose therein mentioned;"
and "An act granting to Amos Merrill Junr- the exclusive right of keep-
ing a Ferry," and the said bills being severally read and considered,
Resolved, To concur in passing the same respectively into laws. Or-
dered, That the Secretary acquaint the house therewith.

The petition of Solomon Curtiss, praying to be restored to his law in
a certain case, was received from the house with this order thereon :

" In General Assembly Oct. 15, 1801.

Read & Referred to Mr- Peters, Mr Niles, Mr Hammond, Mr- W.
Strong and Mr Spooner to join a Committee from Council, to sit next
week on Saturday. Att. Jas. Elliot, Clerk."

And the same being read, Ordered, That Mr- Chamberlain & Mr-
Chittenden join the aforesaid Committee.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, Entitled "l An act laying a tax of two cents on each acre of land
in the township of Somerset," was sent up with this order thereon :

" In General Assembly Oct 24th- 1801.

Read and referred to the 2nd- land tax Committee.

Att, Jas Elliot CZ&."

e being read. Resolved, T
said reference.

The following resolution was received from the house :

" In General Assembly Oct. 12, 1801.

Resolved, that a Committee be appointed of one from each County, to
join such Committee as the Council may appoint, to take into consider-
ation the law regulating the militia of this State, and report to this
house what alteration, or whether any, is necessary to be made in said
act. Members chosen — Mess8- J. Wright, Hunt, Rich, Jones, Beach,
Chipman, Elias Keyes, Hatch, Elkins, Hinman and Wait, Extract from
the Journals. Att. Jas Elliot Clerk."

And the same being read, Ordered, That the I> Governor join the
aforesaid Committee.

The Council adjourned untill 10 O'clock on Monday morning.

Governor and Council —October 1801. 311

Monday, October 26th- 1801, 10 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Kepresentatives, were sent
up for revision and concurrence or proposals of amendment: "An act
granting relief to an infirm Indian, by the name of Joseph;"^ " An act
in addition to an act Entitled ' An act constituting the Supreme Court
of Judicature and County Courts, defining their powers, and regulating
judicial Proceedings;" " An act laying a tax of one cent per acre on the
town of Pittsfield, for the purpose therein mentioned;" u An act laying
a tax of two cents per acre on the town of Wolcott, for the purpose
therein mentioned;" " An act to lay a tax of three cents per acre on the
town of Walden, for the purpose therein mentioned;" u An act laying
a tax of four cents per acre on the town of Roxbury, for the purpose
therein mentioned;" and " An act laying a tax of two cents per acre on
the town of Ripton, for the purpose therein mentioned;" and the said
bills being severally read and considered, Resolved, To concur in pass-
ing the same respectively into laws. Ordered, That the Secretary ac-
quaint the house therewith.

The following written message was received from the house:

uIn General Assembly, Oct. 26th- 1801.

The bill Entitled " An act in addition to an act Entitled ' an act for
the limitation of suits on penal statutes, criminal prosecutions, and
actions at law,' " originated in the hon'ble Council, has been concurred
by the General Assembly and has become a law of this State.

Attest Jas- Elliot Clerk."

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act to
incorporate William Simpson and others for the purpose of erecting a
a toll bridge over Connecticut River," was sent up for revision &c. and
being read and Considered, Resolved, To concur with the house in pass-
ing the said bill into a law.

A bill, passed in the house of Representatives, Entitled " An act con-
stituting and establishing a Company of Artillery in the town of S4-
Albans," was sent up for revision &c. & being read, Ordered, That it be
referred to the L* Governor and Mr- Chamberlain to report amend-
ments.

A bill, passed in the house of Representatives, Entitled " An act giv-
ing relief to Richard Gennes, of Sheffield," was sent up for revision &c.
and the same being read and amended so that the title of said bill should
be " An act remitting a certain fine to Richard Gennes," and other
amendments made therein, Resolved, To concur in passing said bill as
amended, and Mr Chamberlain requested to carry down said bill and
state to the house the reasons of Council for proposing the said amend-
ments.

A bill, passed in the house of Representatives, Entitled uAn act
incorporating Averey's Grant and Kelley's Grant, in the County of
Orleans, into a township, by the name of Missiskouie," [Troy,] was sent
up for revision &c. read, amended, and then it was Resolved, To concur in
passing the said bill as amended, and Mr- Chamberlain requested to
carry down said bill and state to the house the reasons of Council for
proposing the said amendments.

The Council adjourned until 9 O'clock tomorrow morning.

!A former act gave support to Joe and Molly, residents of Hydepark,
for whom Joe's and Molly's ponds were named. The inference is that
Molly had died previous to 1801.

312 Governor and Council — October 1801.

Tuesday, October 27th- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council repaired to the representatives' room
pursuant to adjournment and met in joint Committee for the purpose of
compleating the County Elections, and no business being reported, the
Committee adjourned untill the opening of the house on Saturday
morning next, and the Governor and Council returned to their Chamber.

The following written message was received from the house:

"In General Assembly Oct. 26, 1801.

The General Assembly have concurred with the "Council in their
amendments to the bill Entitled "An act regulating proceedings when
listers make mistakes in footing the lists," and have also concurred
with the Council in their amendments to the bill Entitled " An act in
addition to an act Entitled 'an act incorporating certain persons therein
named by the name of the Centre Turnpike Company.'"

Attest JaS- Elliot Clerk:'

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendments: "An act
empowering the Auditor of accounts against this State to audit certain
accounts therein mentioned," and "An act granting the exclusive right
of a ferriage to John Rogers and Solomon Allen, for the term of years
therein mentioned," and the said bills being severally read and consid-
ered, Resolved, To concur in passing the same respectively into laws.
Ordered, That the Secretary acquaint the house therewith.

Mr Chamberlain, from the Committee to whom was referred the
"Act constituting and establishing a Company of Artillery in the town
of St. Albans," reported sundry amendments to be made therein, which
report was accepted, whereupon Resolved, To concur in passing the
said bill, with the amendments accompanying the same, and Mr- Cham-
berlain requested to carry said bill to the house and inform them of the
reasons of Council in proposing said amendments.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

On motion, Resolved, That Mr Chamberlain and Mr- Loomis be a
Committee to join such Committee as the General Assembly may ap-
point, to take into consideration the expediency of passing a general law
for redressing the grievance complained of by the flowing of ponds and
streams in the several parts of this state which operate as nuisances to
the Inhabitants in the vicinity of such ponds and streams, and to report
their opinion by bill or otherwise. Ordered, That the same be trans-
mitted to the house by the Secretary.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
defining the duty of Grand Jurors who may be appointed agreeably to
law in the several towns in this state for preserving and keeping the
peace," and "An act in alteration of an act Entitled k an act laying a tax
of one penny per acre on the town of Canaan, in the County of Essex,'"
and the said bills being severally read, Resolved, To concur in passing
the same respectively into laws.

The Council adjourned untill 9 O'clock tomorrow morning.

Wednesday, October 28th- 1801, 9 O'clock A. M.
The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revisiou and concurrence or proposals of amendment : "An act

Governor and Council — October 1801. 313

laying a tax of two cents per acre on the town of Keedsboro', for the pur-
pose therein mentioned ;" "An act laying a tax of three cents per acre
on the town of Leraington ;" "An act laying a tax of two cents per acre
on the town of Sheldon, for the purpose therein mentioned :" "An act
laying a tax of three cents per acre on the town of Cambridge for the
purpose therein mentioned ;" "An act, laying a tax of two cents per
acre, on that part of the town of Coventry which is situated in the
County of Orleans, for the purpose therein mentioned ;" "An act laying
a tax of two cents per acre on the town of Billymead [Sutton], fur the
purpose therein mentioned ;" "An act assessing a tax of two cents per
acre on all the lands in the township of Monkton, in Addison County ;"
"An act laying a tax of three cents per acre on that part of Warren
which is situated in the County of Addison ;" "An act empowering the
Committee appointed to superintend the expenditure of a land tax in
the town of Bolton to publish new advertisements ;" "An act to enable
the proprietors and landowners of the town of Athens to divide their
common lands by making pitches of the same ;" "An act directing the
Treasurer to credit the town of Ira the sum therein mentioned ;" "An
act confirming the second book of the records of deeds in the town of
Thetford ;" "An act laying a tax of two cents per acre on the town of
Waterford, in the County of Caledonia ;" "An act laying a tax of three
cents per acre on the lands in the town of Essex, for the purpose therein
mentioned ;" "An act altering the name of William Hog to William
Hall ;" "An act directing the Treasurer of this State to credit the town
of Swanton the sum therein mentioned ;" and "An act authorizing and
empowering William Crawford to sell the real estate of the heirs to the
estate of David Johnson late of Chester;" And the said bills being sev-
erally read and considered, Resolved, To concur in passing the same re-
spectively into laws. Ordered, That the Secretary acquaint the house
therewith.

The resolution adopted in Council relative to the redressing of griev-
ances arising from flowing of ponds and streams was returned from the
house concurred, and M1- Eln- Keyes, Mr- Theo8- Harrington and Mr-
Hatch appointed a Committee on the part of the house.

A bill, passed in the house of Representatives, Entitled "An act re-
viving an act Entitled 'An act granting a tax of one penny on each acre
of land in the town of Huntsburgh, in the County of Chittenden,' passed
the 7th- day of November 1792," was sent up for revision &c. and the said
bill being read and amended, Resolved, To concur in passing the same
with the accompanying amendments, and Mr- Marvin appointed to carry
down said bill, and state to the house the reason of the Council in pro-
posing the said amendments.

Adjourned untill 2 O'clock P. M.

2 O'clock P. M.

On motion, Mr Marvin obtained liberty of absence after tomorrow.

A bill, passed in the house of Representatives, Entitled "An act grant-
ing leave to the Administrators on the Estate of Joseph Powers to sell
real Estate," was sent up for revision &c. and being read, Ordered, That
it be referred to Mr- Galusha and Mr- Miller to report amendments.

A bill passed in the house of Representatives, Entitled " An act em-
powering Moses Heaton, Collector of a land tax in the town of Dux-
bury, to record his proceedings relating to the sale of lands in said
town," was sent up for revision &c. and being read, Ordered, That it be
referred to Mr- Safford and Mr Robinson to report their opinion thereon.

A bill, passed in the house of Representatives, Entitled "An act to in-
corporate the proprietors of an acqueduct in the vicinity of Bellama-
queen, in S'- Albans, into a Company for the purpose therein men-

314 Governor and Council — October 1801.

tioned," was sent up for revision &c. and being read, Resolved, To con-
cur in passing the same with this proposal of amendment, insert after
the word " thereof," in the 18th- line of the 1st- Section, the words " as are
not repugnant to the Constitution and laws of this State."

A bill, passed in the house of Representatives, Entitled "An act lay-
ing a tax of six cents per acre on the town of Colchester, for the purpose
therein mentioned," was sent up for revision &c. and the same being
read and amended by inserting the word "four" in lieu of the word
" six," wherever it occurs before the word " Cents." Resolved, to con-
cur in passing said bill, as amended, and Mr- White appointed to inform
the house of the reasons of Council in proposing the said amendment.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of four cents per acre on the town of Marshfield, for the pur-
poses therein mentioned," was sent up for revision &c. and the same
being read and considered, Resolved, To nonconcur with the house in
passing the said bill into a law, and Mr White requested to inform the
house of the reasons of Council for such nonconcurrence.

A bill, passed in the house of Representatives, Entitled " An act re-
lating to the time of drawing off the mill-pond, at the falls of the River
La-Plot in the town of Shelburne," was sent up for revision &c. and be-
ing read and considered, Resolved, To concur with the house in passing
the said bill into a law.

On motion, M> Galusha obtained leave to bring in a bill Entitled "An
act in addition to an act Entitled 'An act relating to Petitions preferred
to the General Assembly,' and also imposing an additional duty on the
Secretary of State," and being read, Ordered, That it lie on the table
for consideration.

The Council adjourned untill 9 O'clock Tomorrow morning.

Thursday, October 29th 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled "An act
laying a tax of three cents per acre on Jamaica," was sent up for
revision &c. and the same being read, Resolved, To concur with the
house in passing the said bill into a law.

On motion, Mr- Allis obtained leave to bring in a bill Entitled "An
act making it the duty of the several towns in this State to perambulate
the outlines thereof within the time therein mentioned," and the said
bill being read, Ordered, that it be referred to Mr- Marvin and Mr- Allis
to report thereon.

The bill Entitled "An act in addition to an act Entitled 'an act
relating to petitions preferred to the General Assembly,' and also
imposing an additional duty on the Secretary of State," was again read,
and after being largely discussed it was Resolved, That the same do
not pass.

Adiourned to 2 O'clock P. M.

J 2 O'clock P. M.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
empowering Deborah Stetson, Administratrix to the estate of Samuel
Stel son deceased, to sell real estate;" "An act to establish the Salaries
of the Governor and Treasurer of this State;" "An act enabling the
proprietors of the town of Braintree to confirm their former proceed-
luo-s-" "An act directing the Treasurer of this State to pay the several
sums therein mentioned;" "An act authorising the Supreme Court to

Governor and Council — October 1801. 315

proceed to the trial of a certain cause therein named upon the merits
thereof;" "An act empowering the proprietors of Waterfordto ratify and
confirm the division and draught of said town as far as they are now com-
pleated;" and " An act in addition to an act Entitled k an act, directing
the mode of passing laws;'" and the same being read and;'considered
severally, Resolved, To concur in passing the same respectively into
laws. Ordered, That the Secretary acquaint the house therewith.

Mr Robinson, from the Committee to whom was referred the bill
Entitled "An act empowering Moses Heaton, Collector of a land tax^on
the town of Duxbury, to record his proceedings relating to the sales of
land in said town " reported that, in their opinion, the said bill ought
not to pass. The said report was accepted, and the bill being again
read, Resolved, That the Governor and Council do not concur in pass-
ing the said bill, for the following reasons: It is the opinion of Council,
that an act passed to confirm the vendue sale of any lands which have
not been sold agreeable to the law authorizing such sale, will operate as
a fraud on the former land owners, and the honest purchaser, under
them, especially at a time when the right of redemption has expired.
And further, it is our Opinion, if valid, it will be deciding by act of
legislation between party and party in matters where they have a right
to be heard at Common law, and an interference with the judiciary. And
further, that in its operation it will be compleatly ex post facto, and
against the first Section of our bill of Rights.

The Council adjourned uritill 9 O'clock tomorrow morning.

Friday October 30th- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

His Excellency laid before the Council sundry papers relative to the
grant and survey of Harris Gore, and the same being read and consid-
ered, Resolved, That his Excellency the Governor be and he hereby is
advised by Council to issue a Charter of Incorporation of Harris' Gore in
due form agreeably to the return and survey of the Surveyor-General,
as soon as his Excellency shall be furnished with a correct list of the
original Grantees by the land Committee.

A bill, passed in the house of Representatives, Entitled "An act in
addition to an act Entitled 'An act tor the support of the Gospel,'" was
sent up for revision &c. and being read & amended by erasing the pre-
amble to the bill and the words u anything contained in any act to the
contrary notwithstanding," at the end of the last proviso, when it was
Resolved, To concur in passing said bill with the aforesaid amendments,
and Mr Chamberlain directed to inform the house of the reasons of
Council in proposing the same.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : " An act
to revive and alter an act Entitled ' An act granting a tax of one penny
per acre on the town of Johnson, and two pence per acre on Coits Gore,'
passed Oct. A. D. 1794," and " An act directing the Treasurer to credit
the town of Berlin the sum therein mentioned," and the same being
severally read and considered, Resolved, to concur with the house in
passing the same respectively into laws. Ordered, That the Secretary
acquaint the house therewith.

On motion, Mr- Galusha obtained leave to bring in a bill Entitled "An
act in addition to an act Entitled ' An act regulating the office and duty
of the Secretary of State,' " and the same being read, Resolved, That

316 Governor and Council — October 1801.

the said [bill] do pass, and that it be engrossed, and sent to the house
for their revision &c.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr- Galusha, from the Committee to whom was referred the bill En-
titled " An act granting leave to the Administratrix on the Estate of
Joseph Powers to sell real Estate," reported sundry amendments to be
made therein, which were adopted & then Resolved, To concur in pass-
ing the said bill as amended, and Mr Galusha directed to carry down
said bill and inform the house of the reasons of Council in proposing
the said amendments.

Mr Allis, from the Committee to whom was referred the bill Entitled
" An act making it the duty of the several towns in this State to per-
ambulate the outlines thereof within a certain time therein mentioned,"
reported a new bill with this title, " An act directing the perambulation
of the outlines of the several towns in this State," which report was
accepted, and the bill being read, Resolved, That the same do pass, and
Ordered, That it be engrossed and sent to the house for their revis-
ion &c.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: " An act
directing the manner in which a place or places shall be established for
a Grammar school or schools in the County of Orange;" "An act in
addition to an act Entitled ' An act for the distribution of the laws,
journals, and other public papers;' " and " An act assessing a tax of two
cents per acre on the town of Berlin," which were severally read and
considered, and then it was Resolved, To concur in passing the same
respectively into laws. Ordered, That the Secretary acquaint the house
therewith.

Mr- Robinson, member of the house of Representatives, appeared and
returned the bill Entitled " An act in addition to an act Entitled ' An
act for the support of the Gospel,' " and informed the Council that the
house had nonconcured to the amendments by them proposed, and
after assigning the reasons for the same, he withdrew.

The following written message was received from the house:

" In General Assembly Oct. 30th- 1801.

The amendments proposed by the Governor and Councill to the bill
Entitled " An act granting leave to the Administratrix on the Estate of
Joseph Powers to sell real estate," have been concurred in by the house,
and the bill passed as amended.

Attest Jas Elliot Clerk."

The Council adjourned uutill 9 O'clock Tomorrow morning.

Saturday, October 31st- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council pursuant to adjournmeut repaired to the
Representatives' room and met in joint Committee for the purpose of
compleating the County Elections, and having accomplished the same,
the joint Committee was dissolved, and the Governor and Council
returned to their Chamber.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, "An act
directing the Treasurer of this State to pay to Samuel Mattocks Esquire,
late Treasurer of this State, the sums therein mentioned," and "An act
establishing a County Grammar School in the town of Newfane in the

Governor and Council — November 1801. 317

County of Windham," and the said bills being severally read and con-
sidered, Kesolved, To concur in passing the same respectively into laws.
Ordered, That the Secretary acquaint the house therewith.

On motion, Kesolved, That the Governor and Council do rescind from
their former proposals of amendment to the bill Entitled "An act in ad-
dition to an act Entitled 'An act for the support of the Gospel,' " and that
that they do concur in passing the same, with these amendments: erase
all the preamble after the word " worship," in the eighth line, and also
erase the word " any " in the 4th- line of the last proviso, and insert the
word " this " in lieu thereof. And Mr- Galusha requested to carry down
said bill and assign the reasons of Council for the aforesaid amendments.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

On motion, Ordered, That Mr- Miller have liberty of absence for the
remainder of the session on Monday next.

A bill, passed in the house of Representatives, Entitled " An act in
addition to an act Entitled 'An act relating to weights and measures,' "
was sent up for revision &c. and being read & amended, Resolved, To
concur in passing the said bill into a law, with the proposal of amend-
ments accompanying the same, and Mr- Chamberlain appointed to carry
down said bill and assign to them the reasons of Council.

The Council adjourned untill 9 O'clock on Monday morning.

Monday, November 2nd- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled " An act in
addition to an act entitled 'An act appointing State's Attornies and
Clerks of the Supreme Court in the several Counties in this State, and
regulating their office and duty,' passed Nov. 10, 1797," was sent up for
revision &c. and the same being read was amended by erasing the words
" & State's Attornies " in the fifth line of said bill, and then it was Re-
solved, To concur in passing the same, with the said proposal of amend-
ment. Ordered, That Mr- Loomis carry down said bill and assign to the
house the reasons of Council for the said amendment.

A bill passed in the house of Representatives, Entitled "An act in ad-
dition to and in alteration of an act Entitled 'an act for the due observ-
ance of the sabbath,' " and also in addition to the act Entitled " An act
constituting the Supreme Court of Judicature and County Courts, defin-
ing their powers and regulating Judicial proceedings," was sent up for
revision &c. and amended by inserting the worAs " first day of February
next," in lieu of the words " passing of this act," in the 1st and 4th- Sec-
tions, and then Resolved, To concur in passing the said bill as amended,
and Ordered, That Mr- Safford carry the same to the house and inform
them of the reasons of Council in proposing the said amendments.

The following written message was received from the house :

"In General Assembly Nov. 2d- 1801.

The amendments proposed by the Governor and Council to the bill
Entitled "an act in addition to an act relating to weights and measures"
are concurred in and the bill as amended has become a law.

Attest Jas- Elliot, Clerk."

A bill passed in the house of Representatives, Entitled "An act regu-
lating proceedings in law and preventing unnecessary expense therein,"
was sent up for revision &c. & being read, Ordered, That it be referred
to a Committee of three members to take the same under consideration

318 Governor and Council — November 1801.

and report thereon — Members Chosen Mr Galusha, J> Governor, and
Mr- Robinson.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following resolution was reced- from the house :

"In General Assembly Nov. 2, 1801.

Resolved, the Governor and Council concurring therein, that they
meet the General Assembly in the Representatives' room, at the open-
ing of the house tomorrow morning, for the purpose of appointing a Jus-
tice of the Peace in the town of Brookfield, and transacting any other
business which may be necessary. Extract from the Journals.

Attest Jas- Elliot, Clerk."

And the same being read, Resolved, To concur therein with this
amendment — erase the words at the end of the resolution, "transacting
any other business, which may be necessary," and insert in lieu thereof
"for the Election of any other County officers."

Ordered, That the Secretary inform the house of the same.

A bill, passed in the house of Representatives, Entitled "An act re-
mitting a certain fine to Thomas Osgood," was sent up for revision &c.
and the same being read and considered, Resolved, To concur with the
house in passing the said bill into a law. Ordered That the Secretary
acquaint the house therewith.

The resolution relative to the appointment of a Justice of the Peace
in Brookfield was returned from the house with the amendment propos-
ed by Council concurred in.

Mr- Shaw, member of the house, returned to the Council the bill En-
titled "An act in addition to an act Entitled 'an act for the support of
the Gospel,'" with this order of the house thereon.

" In General Assembly Nov. 2, 1801.

Read and concurred in the first above proposed amendment, and non-
concurred in the second amendment, And Mr- Shaw was appointed to
carry up the bill and assign the reasons of nonconcurrence.

Att. Jas- Elliot Clerk."

Mr Shaw, after stating the reasons of the house, withdrew.

On motion, Resolved, That the Governor and Council do rescind from
their amendment nonconcured by the house, and do concur in passing
said bill, with the following amendments: That after the word "Sections"
in the third line of the first Section add these words, " and the provid-
ing clause," and at the end of the bill subjoin the following proviso:
" Provided, also, and it is hereby further enacted, That this act shall not
be construed to affect, alter, or make void any written agreement or con-
tract voluntarily made and entered into by and between the individuals
of any town or parish, for the settlement or support of a minister, or for
building a meeting-house; but shall be construed to affect such proceed-
ings only as have been passed by the general votes in such town or par-
ishes respectively," and Ordered, That Mr- Brigham carry down said
bill and assign to the house the reasons of Council for the aforesaid
amendments.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
empowering the Judge of Probate for the district of Bennington to
grant licence to Hope Clark to sell land," & "An act annexing the Sev-
enth School district in Newhaven in Addison County to the Northeast
School district in Middleburv in said County," and the said bills being
severally read and considered, Resolved, To concur in passing the same

Governor and Council — November 1801. 319

respectively into laws. Ordered, That the Secretary acquaint the house
therewith.

The Council adjourned untill 9 O'clock Tomorrow A. M.

Tuesday, November 3d- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Governor and Council, pursuant to the Concurrent resolution of
both houses, repaired to the Representatives' room for the purpose ex-
pressed in the same, and met the house in joint Committee, and hav-
ing finished the said business the Committee then dissolved, and the
Governor and Council returned to their chamber.

A bill passed in the house of Representatives, Entitled "An act in ad-
dition to and in alteration of an act Entitled ' An act directing the pub-
lication of advertisements in the newspapers therein mentioned,' passed
5th Nov. 1799," was sent up for revision &c. and being read and amended
by filling the blank in the third line of the Section with the word "Jan-
uary," Resolved, To concur in passing the same, as amended.

A bill passed in the house of Representatives, Entitled " An act lay-
ing a tax of two cents per acre on the lands in the town of Williston,
County of Chittenden, lying east of the dividing line between the said
town of Williston and Burlington as established by an act Entitled 'An
act, describing the division line between Burlington and Williston,'
passed the 8th Nov. 1797, and west of the east chartered line of said Bur-
lington, for the purpose therein mentioned," was sent up for revision &c.
and being read, Resolved, To concur with the house in passing said bill
into a law.

A bill, passed in the house of Representatives, Entitled " An act es-
tablishing the location of lands in Robinson District, in the town of
Woodford," was sent up for revision &c. was read, amended & Resolved,
To concur in passing the same with the said proposal of amendment.

The following resolution was received from the house :

"In General Assembly Nov. 3, 1801.

Resolved that a Committee of three members be appointed to join a
Committee of Council, to examine into the unfinished business of the
present session, and report the time the house may probably rise.
Members Chosen, Mr- Linsley, Mr Eln> Keyes and Mr- Niles. Extract
from the Journals. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Chamberlain and Mr-
Spooner do join the aforesd- Committee.

On motion, Resolved, The house of Representatives concurring there-
in, that a bill Entitled "An act regulating proceedings at law, and for
preventing unnecessary expence therein," which passed in the General
Assembly and has been sent to the Governor and Council for their revision
&c. be referred untill the next Session of the legislature. And Mr- Ga-
lusha was requested to carry this resolution to the house and assign the
reasons for passing the same.

Adiourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled "An act to
prevent Duelling," was sent up for revision &c. and being read, Ordered
That it be referred to Mr- Strong and Mr- White to report their opinion.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
assessing a tax of one cent on the dollar on the list of one Thousand
eight hundred and one," and "An act for the purpose of establishing a

320 Governor and Council — November 1801.

County Grammar school at Waterbury in the County of Chittenden,"
and being severally read, Resolved, To concur in passing the same
respectively into laws. Ordered, That the Secretary acquaint the house
therewith.

The following written message was sent up from the house :

" In General Assembly Nov. 2, 1801.

The amendments proposed by the Governor and Council to the bill
Entitled "an act in addition to and alteration of an act Entitled 'an
act for the due observation of the sabbath,"" and also in addition to an
act Entitled "an act constituting the Supreme Court of Judicature and
County Courts, defining their powers, and regulating judicial proceed-
ings," have been concurred in the General Assembly and the bill has
been passed as amended. Attest Jas Elliot Clk."

The resolution of Council referring to the next Session of the legisla-
ture "An act regulating proceedings in law, and for preventing unneces-
sary expence therein," was returned from the house concurred.

The following written message was received from the house :

" In General Assembly Nov. 3, 1801.

The amendments last proposed by the Governor and Council to the
bill Entitled "An act in addition to and in alteration of an act Entitled
'An act for the support of the Gospel,' " have been concurred by the
house, and the bill passed as amended.

Attest Jas Elliot Clerk:'

The Council adjourned untill 9 O'clock tomorrow morning.

Wednesday, November 4th- 1801, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
laying a tax on the County of Chittenden ;" "An act establishing an
Academy in the Town of Brattleboro' in the County of Windham ;"
"An act empowering the Treasurer to pay to Jacob Adams the sums
thorein mentioned ;" "An act, in addition to an act Entitled 'An act di-
recting the organization of the County of Essex ;'" "An act supplement-
ary to an act Entitled 'An act for regulating and governing the Militia
of this State ;" "An act ratifying and making valid a Certain March
meeting in the town of Bethel ;" "An act to remit a tine to Julius Col-
ton ;" and "An act altering the times for holding the County-Courts in
the County of Orleans ;" and the said bills, being severally read and
considered, Resolved, To concur with the house in passing the same re-
spectively. Ordered, That the Secretary acquaint the house therewith.

A bill, passed in the house of Representatives, Entitled "An act grant-
ing to John W. Blake, Calvin Knoulton, and their associates, the priv-
ilege of building a toll bridge over West-River, in Brattleboro' ; was
sent up for revision &c. and being read and amended, Resolved, To con-
cur in passing the said bill with the proposals of amendment accompa-
nying the same.

A Letter from Gene1- Ira Allen, relative to his having purchased arms
in France for the Citizens of this State, pursuant to instructions sug-
gested to have been given by the late Govr- Chittenden, and soliciting the
privilege of furnishing such arms &c. was sent up from the house with
this order thereon.

"In General Assembly Nov. 4, 1801.

This communication read and referred to Mr- Chipman, Mr- Theo8-
Harrington and Mr Witherell to join such Committee as the Council
may appoint, to sit immediately, state facts, and make report.

Attest Jas- Elliot Clerk:''

Governor and Council — November 1801. 321

And the same being read, Ordered, That Mr- Galusha and Mr- Cham-
berlain join the aforesaid Committee.

On motion, Mr- Galusha obtained leave to introduce a bill Entitled
"An act in addition to an act Entitled 'An act constituting the Supreme
Court of Judicature and County Courts, defining their powers and regu-
lating Judicial proceedings,' " and the same being read and considered,
Resolved, That the said bill do pass, and Ordered, that it be engrossed
and sent to the house for their revision &c.

The following written message was received from the house:

"In General Assembly Nov. 3, 1801.

The amendments of the Governor and Council to the bill Entitled
"An act in addition to and in alteration of an act Entitled 'An act in
addition to an act Entitled An act directing the publication of adver-
tisements in the newspapers therein mentioned &c.'" and to the bill
Entitled "an act establishing the location of public lands in Robinson
district in the town of Woodford," have been concurred by the house
and the bills are passed as amended. Attest Jas- Elliot Clerk.''''

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, "An act
in addition to an act Entitled 'An act for the punishment of certain
inferior crimes and misdemeanors,' " "An act appointing a Committee
to lay out and survey a County road from the Court-house in Newfane
in the County of Windham to the north line of said County, in a direc-
tion to Rutland," & "An act repealing an act Entitled 'An act for the
preservation of Fish and Musk-rats,' passed 3rd- Nov. A. D. 1797," and
the said bills being severally read and considered, Resolved, To concur
in passing the same respectively into laws. Ordered, That the Secre-
tary acquaint the house therewith.

A bill passed in the house of Representatives, Entitled "An act to
encourage the increase of Sheep," was sent up for revision &c. and the
same being read and amended, Resolved, To concur in passing said
bill into a law, with the proposals of amendment accompanying the same.

The following written message was received from the house:

" In General Assembly Nov. 4th- 1801.

The house have concurred in the bill sent down from Council Entitled
"An act in addition to an act Entitled 'An act relating to the office and
duty of Secretary of State,' " and the same has passed into a law.
And they have concurred in the amendments of the Governor and
Council to the bill Entitled "An act to incorporate the proprietors and
owners of an acqueduct in the vicinity of Bellamaqueen Bay &c." and
the bill as amended is passed into a law. Attest Jas- Elliot Clk."

The Council adjourned to 9 O'clock Tomorrow morning.

Thursday, November 5th- 1801, 9 O'clock A. M.
The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled "An act
reviving an act Entitled 'An act laying a land tax on Topsham,' " was
sent up for revision &c. and the same being read, Resolved, To concur
with the house in passing the said bill into a law.
The following written message was received from the house:

" In Genera] Assembly Nov. 5, 1801.
The General Assembly have concurred in a bill Entitled "An act in
addition to an act Entitled 'An act constituting the supreme Court oi
21

322 Governor and Council — November 1801.

Judicature and County Courts, defining their powers, and regulating
judicial proceedings,' " and the same is passed into a law. And they
have referred to the next Session a bill sent down from the Governor
and Council Entitled "An act directing the perambulation of the out-
lines of the several towns in this State."

Attest Jas Elliot Clerk."

A bill, passed in the house of Representatives, Entitled "An act
restoring Solomon Curtiss to his law," was sent up for revision &c. and
the same being read and considered, Resolved, That the Governor and
Council do nonconcur with the house in passing the said bill into a law,
and assign the following reasons for the same, viz.

1st- That a large Committee of both houses, consisting of persons
mutually agreed on by the Parties, have, after a full hearing, reported
that the prayer thereof ought not to be granted.

2nd- That it appears from the statements made to the Council, that a
material point upon which the said cause was decided before both the
Freeholders and County Court, was the quality of a certain possession
fence, by which said Patridge claimed possession, the true situation of
which must from the nature of the case have been fully in the power of
said Curtiss to have shown on trial, or afterwards, before he was pre-
cluded by law from being heard on a motion for a new trial before the
County Court.

3rd- Because it appears inconsistent to the Council to grant the prayer
of a petition contrary to the report of their Committee, without going
into evidence on the merits of the petition in order to enable them to
determine whether the Committee have misjudged in the business.

Ordered, That the same be transmitted to the house by the Secretary.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
for the relief of Moses L. Bayley of Newbury;" "An act repealing an act
Entitled 'an act dividing the State into districts for the election of Rep-
resentatives to the Congress of the United States, and directing the
mode of their election;1" "An act laying a tax of three cents per acre on
Walden Gore;" & "An act to prevent damage which may be done by
timber to the owners of lands lying on and adjoining Connecticut
River;" and the same being severally read & considered, Resolved, To
concur in passing the said bills respectively into laws.

A bill, paseed in the house of Representatives, Entitled "An act lay-
ing a tax of two cents on each acre of land in the town of Somerset,"
was sent up for revision &c. and being read & amended, Resolved, To
concur in passing the said bill into a law with the proposal of amend-
ment accompanying the same.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled "An act
appointing a Committee to lay out and survey certain roads therein
mentioned," was sent up for revision &c. and the same being read and
considered, Resolved, That it be recommended to the General Assembly
to refer the consideration of said bill to the next session of the legisla-
ture. Ordered, That the Secretary acquaint the house therewith.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
appointing Commissioners to ascertain the Claims of the different claim-
ants to the township of Danville, and report a plan from which a Char-
ter may issue which will do justice to the several parties concerned,"
and "An act reviving an act Entitled 'An act granting a tax of one half
penny on each acre of land in the township of Alburgh ;' " and the said

Governor and Council — November 1801. 323

bills being severally read and considered, Resolved, To concur in pass-
ing the same respectively into laws.

The following resolution was sent up from the house of Representa-
tives :

" In General Assembly Nov. 5, 1801.

Resolved, the Governor and Council concurring therein, that the Sec-
retary of State transmit to the Governor of this State five copies of the
concurrence of the legislature of this State to the Resolutions from the
legislature of the State of Maryland, properly authenticated, as passed
by both houses, under the seal of his office. And further Resolved,
That his Excellency be and he hereby is requested to transmit a copy of
such concurrence, authenticated as aforesaid, to each of the Senators
and Representatives in Congress, and inform our Senators that it is our
wish that they should esteem themselves instructed, and the Represent-
atives that they should esteem themselves requested, to afford their aid
in carrying such concurrence into effect.

Extract from the Journals. Attest Jas- Elliot Clerk.''''

And the same being read, Resolved, That the Governor and Council
do concur therein.

A bill, passed in the house of Representatives, Entitled "An act for
the laying a Post-Road from the north line of Huntsburgh [Franklin]
in the County of Franklin to Hinesburgh in the County of Chittenden,"
was sent up for revision &c. and the same being read, Resolved, That
it be recommended to the General Assembly to refer the consideration
of said bill to the next session of the Legislature, and Mr White was
requested to carry down said bill and assign the reasons for said
recommendation.

A bill passed in the house of Representatives, Entitled '"An act
establishing certain divisions of lands in the township of Fairfax," was
sent up for revision &c. and being read and amended, Resolved, To
concur in passing the same as amended, and Mr- Spooner appointed to
carry down said bill and inform the house of the reasons of Council in
proposing the said amendments.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
in addition to an act Entitled 'an act defining what shall be deemed and
adjudged a legal settlement, and for the support of the poor, for
designating the duties and powers of the overseers of the poor, and for
the punishment of idle and disorderly persons,' and for repealing part of
the same;" "An act to repeal an act passed the 4th- day of November
1797, establishing for the time being the jurisdictional lines between the
towns of Newbury, Topsham, Orange, Barre, Corinth, Washington, and
Williamstown;" "An act in alteration of an act Entitled 'an act granting
to Daniel Taylor and his associates the privilege of erecting a toll
bridge over West River, in the town of Dummerston,' passed Oct. 28th-
1797;" "An act empowering the Judge of Probate for the district of
Caledonia to grant license to Enos Stevens to sell certain lands;" "An
act explanatory of an act Entitled 'An act relating to Goals and Goal-
ers, and for the relief of persons imprisoned therein;' " & "An act to
free the body of Nathaniel B. Dodge from arrest on civil process, for
the time therein mentioned;" and the said [bills] being severally read
& Considered, Resolved, To concur with the house in passing the same
respectively into laws. Ordered, That the Secretary acquaint the house
therewith.

Mr- White, from the Committee appointed on the bill Entitled "An
act to prevent duelling," reported sundry amendments to be made

324

Governor and Council — November 1801.

therein, which report was accepted & then it was Resolved, To concur
in passing the same as amended.

On motion, Resolved, The house of Representatives concurring
therein, that the Governor and Council meet the General Assembly, in
the Representatives' room, at eleven O'clock tomorrow morning, for the
purpose of adjourning the Legislature without day. Ordered, That the
same be transmitted to the house by the Secretary. The above resolu-
tion was returned from the house concurred.

The Council adjourned untill 8 O'clock tomorrow morning.

Friday November 6th- 1801, 8 O'clock A. M.
The Council met pursuant to adjournment.

On motion, Resolved, That Mr- Allis, assisted by the Secretary, be a
Committee to prepare the Debenture of Council.

A bill, passed in the house of Representatives, Entitled "An act in
addition to an act Entitled 'An act in addition to and in alteration of an
act Entitled An act directing the publication of advertisements in the
newspapers therein mentioned,' " was sent up for revision &c. and
being read, Resolved, To concur with the house in passing the said bill
into a law.

Mr- Theo8- Harrington, Member of the house, returned to Council the
bill Entitled "An act restoring Solomon Curtiss to his law in a certain
case," which the Council had nonconcured, and informed them that the
house insisted upon the passing of said bill, and after having assigned
the reasons of the house for the same, he withdrew. The said bill being
again read and considered, Resolved, To recede from the vote noncon-
curing said bill, and to concur in passing the same with the proposal of
amendment transmitted with said bill.

Mr- Allis reported the Debenture of Council, which was accepted as
follows, viz.

Whole
Amt.
$142.08
49.80
47.40
39.90
61.08
19.98
46.38
47.64
47.64
52.68
62.04
57.60
41.46
56.40
12.60
12.60
87.36
49.92

His Honor Paul Bris:ham I> Govr-
The Hon'ble Elisha Allis

" " Win. Chamberlin....

" " Noah Chittenden

" '• Jonas Galusha

" " Stephen Jacob

" " Beriah Loomis

" " Ebenezer Marvin. .. .

u " Solomon Miller

" " Elijah Robinson

" " Samuel Saflford

" " John Strong

" " Eliakim Spooner

John White

" " Benjamin Burt

" " Abel Spencer

Richard Whitney Secretary

Josiah Edson Sheriff

1

Amt. oflDaysof

Am't of

Travel

Trav.

Attend

Attend' nee

34

14.08

30

$120.00

40

4.80

30

45. "

20

2.40

30

45. "

70

8.40

21

31.50

134

16.08

30

45. "

54

6.08

9

13.50

24

2.88

29

43.50

122

14.64

22

33. "

72

8.64

26

39. «

64

7.68

30

45. "

142

17.04

30

45. "

105

12.60

30

45. "

83

9.96

21

31.50

95

11.40

30

45. "

80

9.60

2

3. "

80

9.60

2

3. "

103

12.36

30

75. "

41

4.92

30

45. "

$916.56

Ordered, That the Sheriff receive the am*- of the above debenture and
pay it over to the several persons therein named.

A bill, passed in the house of Representatives, Entitled "An act ex-
onerating the body of Ira Allen Esquire, from personal arrests and

Governor and Council — November 1801. 325

imprisonment on civil process, as therein provided and limited," was
sent up for revision &c. and being read, Resolved, To concur with the
house in passing the said bill into a law.

The following written message was received from the house:

" In General Assembly Xov. 6, 1801.

The General Assembly have concurred in the amendments proposed
by the Governor and Council to the following bills, viz. A bill Entitled
"An act in addition to an act Entitled 'An act granting to John W.
Blake, Calvin Knoulton and their associates, the privilege of building a
toll bridge over West River in Brattleboro;' " A bill Entitled "An act
to prevent duelling ;" A bill Entitled "An act establishing certain
divisions of lands in the town of Fairfax;" and A bill Entitled "An act
laying a tax of two cents on each acre of land in the township of Som-
erset." Attest Jas- Elliot, Clk."

Resolved, The house of Representatives concurring therein, that the
General Assembly be requested to meet the Governor and Council in
joint Committee in the Representatives' room, at the time they shall
attend to adjourn the Session of the legislature, for the purpose of elect-
ing a Judge of Probate for the district of Bennington for the time being
to supply the vacancy occasioned by the resignation of the hon'ble
Jonathan Robinson Esq1'- of that office. The above resolution was re-
turned from the house concurred.

On motion, Resolved, That the Second Wednesday of April next be
observed & kept as a day of humiliation, fasting and prayer throughout
this State, and that the Governor issue his proclamation accordingly.

Mr Witherell, Member of the house of Representatives, informed the
Council that lie was directed by the house to acquaint them that there
was no business before that body.

A bill, passed in the house of Representatives, Entitled "An act
making appropriations for the support of Government the present
session, and from thence to the Session of the General Assembly in
October 1802, and for other purposes," was sent up for revision &c. and
being read and amended, Resolved, To concur in passing said bill as
amended, & the L1 Governor requested to carry down the same, and
inform the house of the reasons of the Governor and Council in pro-
posing the said amendments.

The Council were notified that the house concurred in the same.

The Governor and Council then repaired to the Representatives'
room, met the house in joint Committee, Elected [Josiah Wright] a
Judge of Probate for Bennington district, and after an appropriate
prayer by the Chaplain, both houses were adjourned without day, and
public proclamation thereof made by Sheriff Edson. A true Journal.
Attest [Richard Whitney,] Secretary.

TWENTY- SIXTH COUNCIL

OCTOBER 1802 TO OCTOBER 1803.

Isaac Tichenor, Bennington, Governor.
Paul Brigham, Norwich, Lieut. Governor.

Samuel Safford, Bennington,
John Strong, Addison,
Wm. Chamberlain, Peacham,
Jonas Galusha, Shaftsbury,
John White, Georgia,
Solomon Miller, Williston,

Councillors:

Elisha Allis, Brookfield,

Noah Chittenden, Jericho,

Beriah Loomis, Thetford,
Eliakim Spooner, Westminster,
James Witherell, Fairhaven,
Stephen Williams, Rutland.

Richard Whitney, Guilford, Secretary.

Lemuel Whitney, Brattleborough, Sec. pro tern.

James Sawyer, Burlington, Sheriff.

BIOGRAPHICAL NOTICES.
Doctor James Witherell, born in Mansfield, Mass., June 16
1759, descended from an English family who came to Massachusetts
soon after the voyage of the Mayflower. In his 16th year he volun-
teered in the revolutionary service, continued through the entire war,
was engaged in many battles, once wounded, and received a commission
in the 11th continental regiment of Massachusetts. When he was dis-
charged he had seventy dollars in continental money as the avails of
eight years of military service. " With this he treated a brother officer
to a bowl of punch, and set out penniless to fight the battle of life." He
prepared himself with Dock Billings of Mansfield for the medical pro-
fession, and in 1789 commenced practice at Fairhaven. In 1790 he
married Amy Hawkins of Fairhaven, youngest daughter of Charles
Hawkins, Esq., who had then recently come from Smithfield, R. I., and
who was a lineal descendant of Roger Williams. Mr. Witherell repre-
sented Fairhaven 1798 until 1802, and was elected in 1802 but left the
House and served in the Council. He was Councillor 1802 until 1807,
when he was elected to Congress ; but in 1808, before his Congressional
term had expired, he was appointed by President Jefferson as one of the

Biographical Notices. 327

judges of the territory of Michigan, an office embracing a variety of
legislative and executive duties as well as judicial, and to which Judge
Witherell added important military services in the war of 1812. On the
fall of Detroit, Witherell refused to surrender a corps which he com-
manded, but permitted his men to disperse ; while he himself, with a
son and son-in-law, became prisoners. On being paroled, the three re-
joined the family at Fairhaven, and there remained until they were ex-
changed. Judge Witherell then resumed his office in Michigan, and
held it until he was permitted, by President John Quincy Adams, to
exchange the judgeship for the office of Secretary of the Territory. He
was Assistant Judge of Rutland County Court 1801 until 1803, and Chief
Justice 1803 until 1806. He died at Detroit, Jan. 9, 1838, in his 79th
year. — See Adams's History of Fairhaven for these and other particu-
lars of Judge Witherell and his family ; and Deming's Catalogue.

Stephen Williams entered upon the duties of Councillor without
any previous legislative experience, and held that office only one year.
He was nevertheless a valuable officer of his town, and doubtless his
lack of wider official services was due to his modesty or disinclination.
John A. Graham, an intimate acquaintance, gave Mr. Williams an
admirable character — thus :

The hospitality of his disposition towards strangers would alone be
sufficient to endear him to all who know him; but the same generous
turn of mind leads him to far nobler exertions of benevolence — to
chear the broken heart, to wipe the tear from the pale cheek of poverty,
and to bid the friendless widow and orphan look up and smile. These
are the actions that crown his days, and give to his temper that sweet
serenity which only goodness can bestow. — Graham's Descriptive Sketch
of the present State of Vermont, [London, 1797,] p. 69.

328 Governor and Council — October 1802.

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT BURLINGTON,

OCT. 1802.

State of Vermont ss.

A Journal of the proceedings of the Governor and Council of the State
of Vermont, at their session begun and held at Burlington within and
for said State, on the second Thursday of October, being the fourteenth
day of said month, in the year of our Lord one Thousand eight hundred
and two, and of the Independence of the United States the Twenty
seventh.

Present His Excellency, Isaac Tichenor, Governor — His Honor, Paul
Brigham, L* Governor — of the Council, The Hon'ble William Chamber-
lain, Samuel Safford, Jonas Galusha, John Strong, Solomon Miller, John
White, Ebenezer Marvin, Elisha Allis, Beriah Loomis, Elisha Robin-
son, Noah Chittenden & Eliakim Spooner. Richard Whitney Secretary
— James Sawyer Esq1-- Sheriff of Chittenden County.

Resolved, That a Committee consisting of Seven members be ap-
pointed jointly with such Committee as may be chosen by the house of
Representatives, to receive, sort and count the votes for Governor, L*-
Governor, Treasurer and Councillors, for the year ensuing. Members
chosen — Mr- Marvin, Mr- Robinson, Mr- Safford, Mr- Strong, Mr-
Galusha, Mr- Allis and Mr- Spooner. And the said Committee were
severally sworn to the faithful performance of their trust.

Adjourned to 5 O'clock P. M.1

5 O'clock, P. M.

The Governor and Council on notice proceeded to the house of Rep-
resentatives, and met that body in joint Committee, when the following
report was handed in by Samuel Safford Esqr.

To the hon'ble General Assembly of the State of Vermont now sitting:
Your Committee appointed to receive, sort & count the votes for
Governor, L1 Governor, Treasurer, and Councillors for the year ensuing
report, — That His Excellency Isaac Tichenor Esquire is duly elected
Governor — That His Honor Paul Brigham Esq1- is duly elected L*-
Governor — That Benjamin Swan Esqr- is duly elected Treasurer — And
That Jonas Galusha, Samuel Safford, Noah Chittenden, Beriah Loomis,
William Chamberlain, John White, Solomon Miller, Stephen Williams,
Elisha Allis, James Witherell, Eliakim Spooner and John Strong Esqr-
are duly elected Councillors. All which is respectfully submitted by

Saml- Safford for the Committee.

iThe sermon was preached by Rev. Dr. Jeremiah Atwater, President
of Middlebury College.

Governor and Council — October 1802. 329

The same being read, James Sawyer Esquire, Sheriff of the County of
Chittenden, by public proclamation, declared said officers duly elected to
the appointments annexed to their names respectively.

The Governor and Council returned to their Chamber and adjourned
untill 10 O'clock tomorrow morning.

Friday October 15th- 1802, 10 O'clock A. M.

The Council met pursuant to adjournment: Present His Excellency
Isaac Tichenor Governor — His Honor Paul Brigham I> Governor —
of the Council, The Hon'ble Jonas Galusha, Samuel Safford, Noah Chit-
tenden, Beriah Loomis, William Chamberlain, John White, Solomon
Miller, Elisha Allis, Eliakim Spooner, & John Strong Esquires. James
Sawyer Esquire Sheriff.

In consequence of the indisposition of Richard Whitney Secretary to
the Governor and Council, Lemuel Whitney Esqr- was appointed to
perform the duties of that office for the time being, and was duly
qualified.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Ordered, That the Secretary issue a letter of notice to Stephen
Williams Esquire, a new member of the Council, of the following tenor,
viz.

Stephen Williams Esqr- Sir — By the report of a Committee appointed
to receive, sort and count the votes for Governor, L1- Governor, Treasu-
rer and Councillors for the year ensuing, you have been duly elected a
Councillor, and as such have been declared. You will therefore be
pleased to join the Council as a member as soon as possible after
receiving this notice. By direction of his Excellency and the hon'ble
Council I am &c Lemuel Whitney Secy- pro tern.

Mr- Harrington, a member of the house of Representatives, appeared
and acquainted the Governor and Council that the house were organized
and ready to receive any communications which his Excellency should
be pleased to make. Ordered, By his Excellency, That the Secretary
acquaint the house of Representatives that the Governor accompanied
by the Council will meet that body in the Representatives' room
tomorrow morning at 9 O'clock, or at such hour as the house may
appoint, to take the necessary oaths and make his communications.

The Petition of the Windsor and Woodstock Turnpike Company was
received from the house of Representatives with this order endorsed
thereon:

" In General Assembly Oct. 15, 1802.

Read and referred to M> Levi House, Mr- Thi8- Hammond & Mr-
Chipman, to join a Committee from Council to state facts and make re-
port. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Loomis join the afore-
said Committee.

The Council adjourned to 9 O'clock Tomorrow morning.

Saturday, October 16th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

His Excellency, accompanied by the Council, proceeded to the Repre-
sentatives' room and after taking the necessary 'oaths delivered the fol-
lowing speech to both branches of the legislature. — [For speech see Ap-
pendix J.]

330 Governor and Council — October 1802.

The Governor and Council returned to their Chamber.

James Witherell Esqr- elected a Councillor for the year ensuing, ap-
peared in the Council Chamber, accepted his appointment, and after
taking the necessary oaths was admitted to a seat.

The following resolution was [resolutions were] received from the
house :

" In General Assembly Oct. 15, 1802.

On motion, Resolved, That a Committee of three members be ap-
pointed, to join such Committee as the Governor and Council may
appoint, to be denominated the first land Tax Committee, to whom peti-
tions praying for land taxes shall be referred. Members chosen — Mr-
Dunbar, M> Theophilus Harrington and Mr Huntington.

On motion, Resolved, That the said Committee be directed to report
the number and amount of all taxes on lands on which a tax is now
prayed for.

Resolved, That all land Committees allready appointed, or hereafter
to be appointed, be enjoined to state to the house whether any objection
is made to the petitions which may respectively come before them.

Extract from the Journals. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Chamberlain join the
aforesaid Committee.

A petition from the Selectmen of the town of Cabot, and one from
sundry Inhabitants of the town of Mansfield, praying for land taxes on
said towns, were received from the house with this order on each:

" In General Assembly Oct. 15, 1802.

Read and referred to the First land tax Committee.

Att. Jas- Elliot Clk."

And the same being severally read, Resolved, That the Council do
concur in the orders thereon.

The following resolution was received from the house :

" In General Assembly Oct. 15, 1802.

Resolved, That a Committee of five, to join a Committee from Council,
be appointed to whom all petitions for new trials shall be referred.
Members chosen — Mr- Chittenden, Mr- Seth Paine, Mr- Moses Robin-
son [of Bennington,] Mr- Harvey and Mr-Chipman. Extract from the
Journals. Attest Jas- Elliot Clerk."

And the same being read. Resolved, That Mr- Safford do join the
aforesaid Committee.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Council met pursuant to adjournment, and having no business
before them, adjourned untill 10 O'clock Monday morning.

Monday, October 18th- 1802, 10 O'clock A. M.

The Council met pursuant to adjournment.

The petition of John Sargeant and others praying to be incorporated
as a Company of Artillery in the second Regiment second Brigade and
second division of the Militia of this State, was received from the house,
with this order thereon :

" In General Assembly Oct. 18, 1802.

Read and referred to Mr- Martindale, Mr- Tho8- Hammond, and Mr*
Newell, to join such Committee as the Governor and Council may ap-
point. Attest Jas- Elliot, Clerk."

And the same being read, Ordered, That Mr- Galusha join the afore-
said Committee.

Grovermr and Council — October 1802. 331

The petition of Asaph Sheldon and others, praying to be incorporated
as a Company of Artillery in the second regiment first Brigade and sec-
ond Division of the Militia of this State, and a petition from a number
of the Inhabitants of the town of Chester, were received from the house,
with this order on each :

" In General Assembly Oct. [18] 1802.

Read and Referred to the Committee on the petition of John Sar-
geant and others. Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in their
order thereon.

The following Resolution was received from the house:

" In General Assembly Oct. 18th- 1802.

Resolved, the Governor and Council concurring therein, that both
branches of the legislature meet in their respective houses, on Tuesday
morning, precisely at the hour of ten o'clock, and then and there pro-
ceed to ballot for a suitable person as Senator to represent this State in
the Congress of the United States for six years from and after the fourth
[third] of March next — And that immediately afterwards both houses
meet in the Representatives' room for the purpose of declaring the per-
son elected. And if the two branches do not agree on the same person,
that then they proceed by joint ballot to elect a suitable person as Sena-
tor as aforesaid. Extract from the Journals.

Attest Jas- Elliot Clk."

And the same being read, Resolved, That the Governor and Council
do concur therein.

The following resolution was received from the house :

"In General Assembly Oct. 18, 1802.

Resolved, the Governor and Council concurring therein, that both
houses meet in the Representatives' room, in joint Committee, on Tues-
day at two Oclock in the afternoon, for the purpose of proceeding by
joint ballot to elect Judges of the Supreme Court, and of declaring the
persons so elected. Extract from the Journals.

Attest Jas- Elliot, Clerk."

And the same being read, Resolved, That the Governor and Council
do concur therein.

A petition from the Inhabitants of Benson, and a remonstrance ac-
companying the same, were received from the house, with this order on
the same :

"In General Assembly Oct. 18th- 1802.

Read and referred to M1- Theo8- Harrington, Mr- Niles and Mr- Moses
Robinson, to join such Committee as the Governor and Council may
appoint. Attest Jas- Elliot, Clerk."

And the same being read, Ordered, That Mr- Miller do join the afore-
said Committee.

The following resolution was received from the house :

" In General Assembly Oct. 18, 1802.

Resolved, the Governor and Council concurring therein, That the
members of both houses meet in County Conventions at three O'clock
afternoon on Tuesday next for the purpose of making County nomina-
tions for County officers : and that both houses convene in joint Commit-
tee on Wednesday next, at ten O'clock, forenoon, in the Representatives'
room, for the purpose of receiving such nominations and making ap-
pointments of such officers. Extract from the Journals.

Attest Jas Elliot Clerk."

And the same being read Resolved, That the Governor and Council
do concur therein.

332 Governor and Council — October 1802.

The petition of the Proprietors of Pawlet was recd- from the house,
with this order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to a joint Committee on the petition from Benson.

Attest Jas- Elliot, Clerk."

And the same being read, was referred accordingly.
A petition from the land owners of Coit's Gore, and one from the
Selectmen of Canaan, praying for land taxes, were received from the
house, with this order on each:

" In General Assembly Oct. 18, 1802.
Read and referred to the First land tax Committee.

Attest Jas- Elliot, Clerk."

And the same being read, Resolved, to concur with the house in their
reference of the same.

The Petition of Ebenezer Allen against Stephen Pearl, one from John
Pomeroy against David Fairwell, and one from Jonas Matthews against
D. Huntington, praying for new trials in those respective cases, were
receiv'd from the house, with this or a similar order on each:

" In General Assembly Oct. 18th- 1802.
Read and referred to the Committee on Petitions for new trials.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in their
reference of the said petition.
Adjourned to 2 O'clock P. M.

2 O'clock P. M.
The petition of Stephen Conant was received from the house with this
order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to Mr- Chipman, Mr- Hay and Mr- Blake to join
such Committee as the Governor and Council may appoint.

Attest Jas Elliot Clerk."

And the same being read, Resolved, That Mr- Chittenden do join the
aforesaid Committee.

The petition of Amasa Green against S. Chase & S. Cleaveland was
sent up from the house, with this order thereon:

" In General Assembly Oct. 18th- 1802.
Read and referred to the joint Committee on petitions for new Trials.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
reference of the same.

A petition from the Inhabitants of Pawlet was sent up from the house
with this order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to Mr- Leland, Mr- Lyon and Mr- Niles to join such
Committee as the Governor and Council may appoint.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Allis do join the afore-
said Committee.

A petition from Cyrus Martin and others, one from Zenas Allen, and
one from Ashur Southard and others, were received from the house with
this order on each.

" In General Assembly Oct. 18th- 1802.
Read and referred to the Committee upon the petition of John Sar-
geant and others. Attest Jas Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

Governor and Council — October 1802. 333

A petition from the proprietors of Enosburgh was received from the
house with the following order thereon:

" In General Assembly Oct. 18, 1802.
Eead and referred to the first land tax Committee.

Attest Jas Elliot Clerk."

And the same being read. Resolved, To concur with the house in the
aforesaid reference.

The following resolution was received from the house of Represen-
tatives, viz.

" In General Assembly Oct. 18, 1802.
Resolved, That a Committee of three members be appointed, to join
such Committee as the Governor and Council may appoint, to be denom-
inated the Second Land Tax Committee. Members Chosen — Mr- Jas-
Fisk, Mr- Olin and Mr Miles. Extract from the Journals.

Attest Jas Elliot Clerk."

And the same being read, Ordered, That Mr- Spooner do join the afore-
said Committee.

The petition of Caleb Gannet and John Mellen was received from the
house with this order on the same:

" In General Assembly Oct. 18, 1802.
Read and referred to Mr Hunt, Mr- Linsley and Mr Jacob Smith, to
join such Committee as the Governor and Council may appoint.

Attest Jas- Elliot, Clerk."

And the same being read, Ordered, That Mr White do join the afore-
said Committee.

A petition from the Inhabitants of Harwich [Mount Tabor] was
received from the house of Representatives, with this order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to Mr- Chipman, Mr- Moses Robinson and Mr-
Theo8- Harrington to join such Committee as the Governor and Council
may appoint. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Spooner do join the
aforesaid Committee.

The petition of John Minkler and others was received from the house
with this order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to the joint Committee appointed upon the petition
of sundry Inhabitants of the Town of Harwich.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

Three petitions from a number of the Inhabitants of Addison were
received from the house with this order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to Mr Chipman, Mr- Woodbridge and Mr- Linsley,
to join such Committee as the Governor and Council may appoint.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Galusha do join the
aforesaid Committee.

A petition from the Inhabitants of Whitingham was received from the
house with this order thereon:

" In General Assembly Oct. 18th- 1802.
Read and referred to the First land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

334 Governor and Council — October 1802.

A petition from the Inhabitants of Bristol, one from the Inhabitants
of Brunswick, one from the Inhabitants of Moretown, one from sundry
Inhabitants of the County of Orleans, one from the Inhabitants of New-
bury, and one from the Inhabitants of Sheffield, were received from the
house of Representatives, with this order on each:

"In General Assembly Oct. 18, 1802.
Read and referred to the Second land tax Committee.

Attest James Elliot Clerk."

And the same being severally read, Resolved, To concur with the
house in their said reference.
The following resolution was received from the house:

"In General Assembly Oct. 18, 1802.
Resolved, that a Committee of three be appointed, to join such
Committee as the Governor and Council may appoint, to be denominated
the Third land Tax Committee. Members chosen — Mr- Kingsley, Mr-
Jabez Jones and Mr- Janes. Extract from the Journals.

Attest Jas- Elliot Cleric."

And the same being read, Resolved, That Mr- Strong do join the
aforesaid Committee.

A petition from the proprietors of Norfolk [Canaan] was received
from the house with this order thereon:

" In General Assembly, Oct. 18, 1802.
Read and referred to the third land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

A petition from William Johnson was received from the house with
the following order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to Mr- J. Wright, Mr Richards and Mr- Hay to join
such Committee as the Governor and Council may appoint.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Safford do join the afore-
said Committee.

A petiton from Wm- Goodrich was received from the house with this
order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to the Committee on the petition of Wm- Johnson,
with the addition of Mr Shafter. Attest Jas Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

The petition of Elisha Taylor against Enoch Woodbridge, praying for
a new trial, was received from the house with this order thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to Mr- Josiah Wright, Mr- Chittenden and Mr- Lyon
to join such Committee as the Governor and Council may appoint.

Attest Jas Elliot, Clerk."

And the same being read, Ordered, That Mr Witherell do join the
aforesaid Committee.

A petition for a Turnpike Road from Sudbury to Hubbarton was
received from the house with this order thereon :

" In General Assembly Oct. 18, 1802.
Read and referred to Mr Spooner, Mr- Keyes and Mr- Chipman, to
ioin such Committee as the Governor and Council may appoint.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Strong do join the
aforesaid Committee.

Governor and Council — October 1802. 335

Resolved, That a Committee of three members be appointed to join a
Committee from the house of Representatives, to enquire whether any
and what alterations and amendments are necessary to be made to the
present existing laws — And also, to enquire what additional laws it will
be expedient or necessary to pass the present session, and to report by
bill or otherwise. Members Chosen — Mr- Chamberlain, Mr- Galusha
and Mr- Witherell.

The Council adjourned untill 9 O'clock Tomorrow morning.

Tuesday, October 19th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

Stephen Williams Esquire, who was declared duly elected a Council-
lor, appeared in the Council Chamber, accepted his appointment, and
after taking the necessary oaths, was admitted to a seat.

A petition from a number of the Inhabitants of Pittsfield praying for
a land tax, was sent up from the house with this order thereon :

uIn General Assembly Oct. 18, 1802.

Read and referred to the first land tax Committee.

Attest Jas Elliot, Clerk.11

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

Benjamin Swan Esquire, Elected Treasurer of the state for the year
ensuing, appeared in the Council Chamber, produced his bonds, which
being accepted and approved by and before the Governor & Council, the
necessary oaths were administered to him by the Governor.

On motion, Ordered, That the Secretary acquaint the house of Repre-
sentatives that, agreeably to the resolution of both houses of yesterday,
the Council are convened and are now ready to proceed to ballot for a
Senator to represent this State in the Congress of the United States.

Mr Farrand, member from the house of Representatives, appeared in
the Council Chamber and delivered the following message :

"May it please your Excellency, I am directed to acquaint your
Excellency and the hon'ble Council that the house of Representatives
are not prepared to proceed on the resolution of yesterday, for the
purpose of balloting for a Senator to represent this State in the Senate
of the United States," and he withdrew.

The following resolution was received from the house :

" In General Assembly Oct. 19th- 1802.

Resolved, the Governor and Council concurring therein, that the res-
olution passed by the two houses yesterday, respecting the election of a
Senator to represent this State in the senate of the United States, be
and the same is hereby rescinded. Extract from the Journals.

Attest Jas Elliot Clerk.11

The above resolution was brought up by Mr- Hay, who, after assign-
ing the reasons of the house therefor, withdrew, and the same being
read, Resolved, To concur with the house in the same.

The following Resolution was received from the house, viz.

" In General Assembly Oct. 19, 1802.

Resolved, the Governor and Council concurring therein, that both
branches of the legislature meet in their respective houses this morning,
at ten O'clock, and then and there proceed to ballot for some suitable
person as Senator to represent this State in the Senate of the United
States, for six years from and after the third day of March next, and that
immediately afterwards both houses meet in the Representatives' Room
for the purpose of declaring the person elected, and that if the two

336 Governor and Council — October 1802.

branches do not agree on the same person, that they then proceed by
joint ballot to elect a suitable person as Senator as aforesaid.

Extract from the Journals. Attest Jas Elliot Clk."

And the same being read, Kesolved, To concur with the house therein,
with the following amendment, insert after the word " meet," in the
eighth line, the words " in joint Committee." Ordered, That Mr- With-
erell carry the same to the house, with the said proposal of amendment.

The following verbal message from the house was delivered by Mr-
Olin, a member thereof: May it please your Excellency, I am directed
by the house to inform your Excellency and the Council, that the house
have concurred in the amendment of the Council to the above resolu-
tion, and are now ready to proceed to ballot.

On motion, Kesolved, That the Council do now proceed to take the
ballots for a Senator agreeably to the concurrent resolution of both
Houses of this Morning. The ballots being taken and examined, The
hon'ble Israel Smith Esquire had a majority of all the Votes, and was
declared duly elected on the part of the Governor and Council.

The following verbal message from the house was delivered by Mr-
Lyon, a member thereof:

" May it please your Excellency, I am directed to acquaint your Ex-
cellency and the hon'ble Council, that the house of Representatives have
compleated, on their part, by ballot, the Election of a Senator, agreeably
to the concurrent resolution of both houses, and are ready to meet the
Governor and Council in joint Committee and compare their nomina-
tions."

Whereupon Resolved, That the Governor and Council do immediately
repair to the Representatives' room for the above mentioned purpose.

After having convened in joint Committee the proceedings of the
Council relative to the Election of a Senator were read, as also the pro-
ceedings of the house of Representatives, and it appearing from the
proceedings of the two houses that they had both united in the same
person, James Sawyer Esqr- Sheriff of the County of Chittenden, by
public proclamation, declared the hon'ble Israel Smith Esquire duly
elected a Senator, to represent this State in the Senate of the United
States for six years from and after the third day of March next ; and the
Governor and Council returned to their Chamber.

The resolution, passed in Council yesterday, relative to appointing a
Committee to join a Committee from the house for the purpose of ex-
amining the existing laws and making alterations if necessary, was
returned from the house with this order thereon :

" In General Assembly Oct. 19, 1802.

Read and concurred, and Mr- Moses Robinson, Mr- Sam1- Porter, M1-
Theo8- Harrington, Mr- Keyes, Mr Linsley, Mr- Niles, Mr W. C. Har-
rington, Mr- Harvey, Mr- Farnsworth, Mr- Hinman & Mr French are
joined. Attest Ja«- Elliot Clerk."

A Petition from Ripley Torry, praying for leave to plead double in a
certain cause and for the admission of evidence, was received from the
house with this order thereon :

" In General Assembly Oct. 18, 1802.

Read and referred to M1- Emmons, Mr- Hinman and Mr- Harvey to
join such Committee as the Governor and Council may appoint.

Attest Jas Elliot Clerk."

And the same being read, Ordered, That Mr- Chittenden do join the
aforesaid Committee.

A petition from the proprietors of Landgrove and Benton's Gore,
praying for the establishment of the dividing line &c. was received from
the house with this order thereon :

Governor and Council — October 1802. 337

" In General Assembly Oct. 18, 1802.

Read and referred to Mr- Linsley, Mr- Ormsby and Mr- Jona- Baker to
join such Committee as the Governor and Council may appoint.

Attest Jas- Elliot Clerk. "

And the same being read, Ordered, That Mr- Williams do join the
aforesaid Committee.

A petition from the landowners of the township of Glover, and one for
a land tax on Brownington, were received from the house with this
order on each :

" In Genera] Assembly Oct. 18, 1802.

Read and referred to the Second land tax Committee.

Attest Jas Elliot Clerk:'

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

A petition for a Turnpike Road from Danby, thro' Harwich [Mount
Tabor] to Dorset, was received from the house with this order thereon :

" In General Assembly Oct. 19, 1802.

Read and referred to the Committee on a petition for a turnpike from
Sudbury to Hubbarton. Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

The petition of Joseph Dwight and Samuel Kellum, praying for a land
tax, together with a remonstrance accompanying the same, were re-
ceived from the house with this order on each :

"In General Assembly Oct. 18, 1802.

Read and referred to the third land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesd- reference.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Governor and Council proceeded to the house of Representatives
and met the house in joint Committee for the purpose of electing the
Judges of the Supreme Court of Judicature, agreeably to the concurrent
resolution of both houses of yesterday. On motion Resolved, That
when the two branches of the legislature shall meet in joint Committee,
that his Excellency, and in his absence the J> Governor, shall be chair-
man of such Committee, and that the Secretary of State, and in his ab-
sence the Secretary of the Governor and Council shall be Clerk of such
Committee. His Excellency accordingly took the Chair. David Wing
Junr- Secretary of the State, Clerk. The ballots being taken for the
Chief Judge of the Supreme Court, The hon'ble Jonathan Robinson
Esqr- was declared duly elected. The ballots being taken for the first
Assistant Judge, The hon'ble Royall Tyler Esqr- was declared duly elected.
The ballots being taken for the second Assistant Judge, The hon'ble
Stephen Jacob was declared duly elected. The Governor and Council
then returned to their Chamber.

A petition from Sundry Inhabitants of Duxbury, praying for a land
tax, was received from the house with this order thereon:

"In General Assembly Oct. 19, 1802.

Read and referred to the Third land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

The Council adjourned untill 9 O'clock tomorrow morning.

22

338 Governor and Council — October 1802.

Wednesday, October 20th- 1802, 9 O'clock A. M.

The Governor and Council met pursuant to adjournment and pro-
ceeded to the Representatives' room and met the house in joint Com-
mittee for the purpose of receiving the several County nominations, and
appointing the respective County officers, agreeably to the Concurrent
resolution of both houses of Monday last — His Excellency in the Chair,
David Wing Jur- Clerk. The joint Committee acted on the several
County nominations as reported to the Committee, and adjourned to 2
O'clock P. M. The Governor and Council then returned to their Cham-
ber and adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Governor and Council pursuant to adjournment proceeded to the
Representatives' room and met the house in joint Committee and again
acted on the several county nominations as reported to the Committee,
and after considerable progress made therein, the joint Committee ad-
journed untill Friday next, at 10 O'clock forenoon, and the Governor
and Council returned to their Chamber.

A petition from the Inhabitants of Milton, praying for a land tax, was
received from the house with this order thereon:

" In General Assembly Oct. 20th- 1802.

Read and referred to the Third land tax Committee.

Attest Jas- Elliot, Clerk."

And the same being read, Resolved, To concur with the house in their
reference of the same.

A petition from Bethuel Finney, praying for a Turnpike Road &c.
was recd- from the house with this order thereon:

" In General Assembly Oct. 20, 1802.

Read and referred to the Committee appointed on a similar petition
from Sudbury to Hubbarton. Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

Adjourned untill 9 O'clock tomorrow morning.

Thursday, October 21st- 1802, 9 O'clock A. M.
The Council met pursuant to adjournment.

The petition of Isaac and John Stevens against Wm- Sweester, pray-
ing to be restored to law &c. was sent up from the house with the follow-
ing order thereon viz.

"In General Assembly Oct. 21, 1802.
Read and referred to the Committee on the petition of Elisha Taylor.

Attest Jas Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

A petition from Thos- H. Parker for a land tax in Eden, was received
from the house with this order thereon:

"In General Assembly Oct. 21, 1802.
Read and referred to the Third land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

A petition from sundry inhabitants of the Town of Rutland praying
for the removal of a dam across Otter Creek, was received from the
house with the following orders thereon:

" In General Assembly Oct. 18, 1802.
Read and referred to the next Session. Oct. 21, Reconsidered the

Governor and Council — October 1802. 339

above order, and Ordered, that this Petition be referred to Mr- T. Ham-
mond. Mr- Flagg and Mr- Thos- Porter, to join a Committee from Council.

Attest Jas- Elliot Clk."

And the same being read, Ordered, That Mr- Loomis do join the
aforesaid Committee.

A bill Entitled "An act in addition to ' an act establishing a Corpora-
tion by the name of the Windsor and Woodstock Turnpike Company,' "
was received from the house with this order thereon:

"In General Assembly Oct. 20th- 1802.

Read and recommitted to the joint Committee who reported it.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said recommitment.

A bill, Entitled "An act establishing a Company of Artillery in the
town of Pawlet," was received from the house with this order thereon:

" In General Assembly Oct. 21, 1802.

Read and committed to the joint Committee on the petition of John
Sargeant and others. Attest Ja«- Elliot Clerk.''''

And the same being read, Resolved, To concur with the house in the
said commitment.

A bill Entitled "An act establishing a Company of Artillery in
Rupert and its vicinity," was received from the house with the follow-
ing order thereon:

"In General Assembly Oct, 21, 1802.

Read and committed to the joint Committee on the petition of John
Sargeant & others. Attest J A8- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said commitment.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following resolution was received from the house:

" In General Assembly Oct. 21, 1802.

" Whereas this State, being entitled to four Representatives in the
Congress of the United States, and there being no existing law for the
election of such Representatives, Therefore Resolved, that a Committee
consisting of one member from each County in this State be appointed
to join such Committee as the Governor and Council shall appoint, to
take into consideration the propriety of dividing this State into four dis-
tricts for the purpose of electing Representatives to represent this State
in the Congress of the United States, and to make report to this house,
as soon as may be, by bill or otherwise. Members chosen — Mr- Moses
Robinson, Mr- Richards, Mr- T. Harrington, Mr- Jac. Smith, Mr- Chip-
man, Mr- Bayley, Mr- W. C. Harrington, Mr Blanchard, Mr- Francis Da-
vis, Mr Hinman, and Mr- French. Extract from the Journals.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house therein,
and that Mr- Miller, Mr- Allis, and Mr- White do join the aforesaid Com-
mittee.

The following resolution was received from the house:

" In General Assembly Oct. 15, 1802.

Resolved, That a Committee consisting of eleven Members be ap-
pointed, to enquire and report whether any and if any what alterations
ought to be made in the Judiciary System, to join such Committee as
the Governor and Council may appoint. Members Chosen, Mr- D.
Sheldon, Mr- Farrand, Mr- Speaker [Abel Spencer,] Mr- Spooner, Mr-
Chipman, Mr- Ja8- Fisk, Mr- Hay, M1- Blanchard, Mr- Levi House, Mr-
Stanley and Mr- Dana. Attest Jas- Elliot Clerk."

340 Governor and Council — October 1802.

And the same being read, Ordered, That Mr Galusha, Mr- Chamber-
lain and Mr- Witherell do join the aforesaid Committee.

A bill passed in the house of Representatives, Entitled "An act in ad-
dition to an act Entitled ' An act granting a Lottery to Stephen Co-
nant,' " was sent up for revision and concurrence or proposals of amend-
ment, and being read, Ordered, That it be referred to Mr- Williams &
Mr- Spooner.

The following bills, passed in the House of Representatives, were sent
up for revision and concurrence or proposals of amendment, "An act al-
tering the name of Hinsdale to that of Vernon," and " An act granting
relief to the Committee for laying out the money raised by tax on lands
in Ripton," and the same being severally read and considered, Resolved,
To concur with the house in passing them respectively into laws. Or-
dered, That the Secretary acquaint the house with the same.

The petition of Seth Ford and others, praying for a grant of unlocated
land &c. was received from the house with this order thereon:

" In General Assembly, Oct. 21, 1802.

This petition and the report thereon was read and referred to Mr-
Sam1- Shaw, Mr- Spooner, Mr- Stanley, Mr- Ebenr- Wheelock and Mr-
Chipman, to join such Committee as the Governor and Council may ap-
point. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- SafFord do join the afore-
said Committee.

A petition from the Selectmen of the town of Enosburgh & one from
the Inhabitants of the Town of Berkshire, were received from the house
with this order on each:

" In General Assembly Oct. 21, 1802.

Read and referred to the joint Committee on the petition of Seth Ford
& others. Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in
the aforesaid reference.

The petition of Robert Cochran, praying for a Lottery, was received
from the house with the following order thereon:

" In General Assembly Oct. 21, 1802.

Read and referred to Mr- Niles, Mr- Ormsby and M1- Keyes, to join
such Committee as the Governor and Council may appoint.

Attest Jas- Elliot, Clerk."

And the same being read, Ordered, That Mr- Strong do join the
aforesaid Committee.

The Committee appointed on the bill Entitled "An act in addition to
an act Entitled 'An act granting a lottery to Stephen Conant,' " reported
the following amendment: after the word "given" in the 2nd. line of the
last section, insert these words, "or contracts made," — which was
adopted, and then Resolved, To concur with the house in passing the
same as amended, &' Ordered, That Mr- Witherell carry said bill to the
house and assign the reasons for the said proposal of amendment.

Adjourned untill 9 O'clock tomorrow morning.

Friday, October 22d- 1802, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following resolution was received from the house:

" In General Assembly Oct. 21, 1802.
Resolved, That a Committee of five be appointed to take into consid-
eration the subject matter of a resolution adopted by the General As-
sembly respecting taking some effectual measure to encourage the arm-

Governor and Council — October 1802. 341

ing and equipping of the Militia of this State at the public expense, and
to report by bill or otherwise, to join such Committee as the Governor
and Council may appoint. Members Chosen — Mr- Chittenden, Mr- Par-
ley Davis, Mr- Levi House, Mr- Josiah Wright and Mr- Blanchard.
Extract from the Journals. Attest Jas- Elliot Clerk."

And same being read, Ordered, that Mr- Chamberlain and Mr- White
do join the aforesd- Committee.

The following resolution was received from the house:

" In General Assembly Oct. 22nd- 1802.
That a Committee of three be appointed, to join such Committee as
the Governor and Council may appoint, to be denominated the Fourth
Land Tax Committee, to whom Petitions for land Taxes shall be referred.
Members chosen — Mr- Shafter, Mr Edson & Mr Joshua Clapp. Extract
from the Journals. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr Williams do join the
aforesaid Committee.

A petition for a land tax on the Township of Waterbury, one from
the Inhabitants of Stow and others, praying for a land tax, and one for
a land tax on Huntsburgh of two cents per acre, were received from the
house with this order on each:

" In General Assembly Oct. 22d- [1802.]
Read and referred to the third land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in their
reference of the same.

A petition for a land tax on the town of Westmore, and one for a land
tax in Groton, were received from the house, with this order on each:

" In General Assembly Oct 22d- 1802.
Read and referred to the fourth land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in their
reference of the same.

Pursuant to adjournment, the Governor and Council repaired to the
Representatives' Room, and met the house in joint Committee, acted on
the several County nominations as reported to the Committee, and
adjourned to 2 O'clock P. M. The Governor and Council then returned
to their Chamber and adjourned to 2 O'clock P. M.

2 O'clock P. M.
The petition of Zacheus Peaslee and others, praying for the exclusive
privilege of building a wharf and Store house &c. was received from the
house with this order thereon:

"In General Assembly Oct. 22nd- 1802.
Read and referred to Mr- S. 13. Sheldon, Mr- Chittenden, and Mr- Far-
rand, to join such Committee as the Governor and Council may appoint.

Attest Ja»- Elliot Clk."

And the same being read, Ordered, That Mr- Miller do join the afore-
said Committee.

A petition from sundry Inhabitants of the Town of Berkshire, pray-
ing for a tax for the purpose of repairing roads &c. was received from the
house with this order thereon:

" In General Assembly Oct. 22, 1802.
Read and referred to the fourth land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

Pursuant to adjournment, the Governor and Council repaired to the
Representatives' Room for the purpose of compleating the County

342 Governor and Council — October 1802.

Elections and met the house in joint Committee; and on motion, the
said Committee adjourned untill 10 O'clock tomorrow morning. The
Governor and Council returned to their Chamber and adjourned untill
9 O'clock tomorrow morning:.

Saturday October 23rd- 1802, 9 O'clock A. M.

The Governor and Council met pursuant to adjournment and re-
paired to the Representatives' room and met the house in joint Com-
mittee for the purpose of compleating the Election of the several County
officers, and having progressed therein, adjourned untill Tuesday morn-
ing next at 10 O'clock, and the Governor and Council returned to their
Chamber.

A bill, Entitled "An act empowering the late Sheriff of the County of
Orange to sign certain records," was received from the house with this
order thereon :

" In General Assembly Oct. 23d- 1802.

Read and referred to Mr- Theo8- Harrington, Mr- Burton and Mr Lins-
ley, to join such Committee as the Governor and Council may appoint.

Attest Jas- Elliot Clerk:'

And the same being read, Ordered, That Mr Allis do join the afore-
said Committee.

The Petition of Solomon Norton, praying for relief in a certain case,
was received from the house with this order thereon :

" In General Assembly Oct. 23, 1802.

Read and referred to Mr- Moses Robinson, Mr- Josiah Wright & Mr-
Noyes, to join such Committee as the Governor and Council may ap-
point. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Chittenden do join the
aforesaid Committee.

A bill, passed in the house of Representatives, Entitled "An act in
addition to 'an act establishing a Corporation by the name of the Wind-
sor and Woodstock Turnpike Company,' " was sent up for revision &c.
and being read, Resolved, To concur with the house in passing the same
into a law.

Adjourned untill 10 O'clock Monday morning.

Monday, October 25th- 1802, 10 O'clock A. M.
The Council met pursuant to adjournment and adjourned untill 2
O'clock P. M.

2 O'clock P. M.
A petition from the Inhabitants of Moretown, praying for the con-
firmation of allotment of land &c. was received from the house, with this
order thereon :

"In General Assembly Oct. 23, 1802.
Read and referred to Mr- Wait, Mr- Knapp and Mr Thad. Taylor, to
loin such Committee as the Governor and Council may appoint.

Attest Ja^- Elliot Clerk."

And the same being read, Ordered, That Mr- Spooner do join the
aforesaid Committee.

A petition for a land tax in Highgate was received from the house
with this order thereon :

" In General Assembly Oct. 23, 1802.
Read and referred to the first land tax Committee.

Attest Jas- Elliot Clerk."

Governor and Council —October 1802. 343

And the same being read, Eesolved, To concur with the house in the
said reference.

A petition for a land tax in Stratton, and one for a land tax in Holland,
were received from the house with this order on each:

"In General Assembly Oct. 23d- 1802.

Read and referred to the second land Tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

A petition for a land tax on Jay and Richford, one for a land tax on
Danville and Deweysburgh, one for a land tax on Burke, one for a land
tax on Westmore, and one for a land tax on Danville, were received
from the house with this order on each:

"In General Assembly Oct. 23, 1802.

Read and referred to the fourth land tax Committee.

Attest Jas- Elliot Cleric"

And the same being read, Resolved, To concur with the house in
the said reference.

A petition for a land tax on Morgan alias Caldersburgh, Brownington's
Gore and Whitelaw's Grant, was received from the house with this order
thereon:

" In General Assembly Oct. 23, 1802.

Referred to the third land tax Committee.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

A petition from the proprietors and landowners of Swanton, praying
for a ratification of their proceedings &c. was received from the house
with this order thereon:

" In General Assembly, Oct. 25th- 1802.

Read and referred to the Committee upon the petition from Benson to
join &c. Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

A petition from John Seeley Jur- praying for an act of suspension,
was received from the house with this order thereon:

" In General Assembly Oct. 25th- 1802.

Read and referred to the Committee on the petition of William John-
son, to join. Attest Jas- Elltot Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

A petition from Wm- Barton, praying for relief in a certain case, was
received from the house with this order thereon:

" In General Assembly Oct. 25, 1802.

Read and referred to Mess8- Jos. Wright, Hunt, T. Harrington, Em-
mons, Ebenr- Wheelock, Jas- Fisk, Chittenden, Harvey, Beaman, Weath-
erbee & Chapin, to join Committee from Council.

Attest Ja«- Elliot Clerk."

And the same being read, Ordered, That M1'- Loomis and Mr- Will-
iams do join the afores(1- Committee.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, " An act
laying a tax of three cents per acre on the town of Berkshire," and "An
act assessing a tax on the County of Windham," and the same being
severally read, Resolved, To concur in passing them into Laws.

Adjourned to 9 O'clock Tomorrow morning.

344 Governor and Council — October 1802.

Tuesday October 26th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled " An act ap-
pointing a new Collector of a land Tax on Walden Gore," was sent up
for revision &c. and being read, Resolved, To concur with the house in
passing the said bill into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act au-
thorizing and empowering the Judge of Probate for the district of Marl-
boro' Windham County, to grant licence to Caleb Gannet and John Mel-
len to sell certain lands," was sent up for revision &c. and the same be-
ing read, Resolved, To concur with the house in passing the said bill
into a law.

Adjourned untill 9 O'clock tomorrow morning.

Wednesday, October 27th 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

A petition from Ja8- Hyde, praying for relief in a certain case, was re-
ceived from the house with this order thereon:

" In General Assembly Oct. 27th- 1802.

Read and referred to the joint Committee on the petition of Solomon
Norton. Attest Jas- Elliot, Clerk."

And the same being read, Resolved, To concur with the house in the
aforesaid reference.

The Governor & Council, pursuant to adjournment, repaired to the
Representatives' room and met the house in joint Committee for the
purpose of compleating the Election of the several County officers, and
after some progress made therein, the joint Committee adjourned untill
Thursday morning of next week at 10 O'clock, and the Governor and
Council returned to their Chamber.

A petition from Lemuel Bottom, in behalf of the town Of Williston,
praying for their proportion of public lands &c. was recd- from the house
with this order thereon:

" In General Assembly Oct. 27, 1802.

Read and referred to Mr- Lyon, Mr- Law and Mr- Janes, to join such
Committee as the Governor and Council may appoint.

Attest Jas Elliot Clerk."

And the same being read, Ordered, That Mr- Chamberlain do join the
aforesaid Committee.

The petition of Silas Hathaway, praying for relief in a certain case,
was received from the house with this order thereon :

u In General Assembly Oct. 27, 1802.

Read and referred to Mr- Wait, Mr- Hunt, Mr- Farnsworth, Mr- Olin,
and Mr- Hay, to join such Committee as the Governor and Council may
appoint. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Safford do join the afore-
said Committee.

Tne following resolution was received from the house :

" In General Assembly Oct. 27, 1802.

Resolved, that this house request the Governor and Council to appoint
Thursday the ninth day of December next to be observed [as] a day of
public Thanksgiving and praise throughout this State.

Attest Jas- Elliot Clerk."

Governor and Council — October 1802. 345

And the same being read, Resolved, That the Council advise his Ex-
cellency to issue his proclamation for the purpose expressed in the
above resolution.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following resolution was received from the house :

" In General Assembly Oct. 27, 1802.

Kesolved, That a Committee of three members be appointed to join
such Committee as the Governor and Council may appoint, to bring in
a bill to embrace the provision contained in the 33rd- Section of the Con-
stitution, and that the bill, Entitled "An act giving relief to insolvent
Debtors in certain cases," be referred to the same Committee. Mem-
bers chosen, Mr- Blake, Mr- Farrand and Mr- Linsley.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Galusha do join the
aforesaid Committee.

The Council adjourned untill 9 O'clock Tomorrow morning.

Thursday, October 28th 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

A petition from Ezra Drew, praying for a new trial in a certain case,
was sent up from the house with this order thereon:

" In General Assembly Oct. 25th- 1802.

Kead and referred to the Committee on the petition of Elisha Taylor.

Attest Jas. Elliot, Clk."

And the same being read, Resolved, To concur with the house in the
said reference.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
in addition to an act to revive and alter an act Entitled 'an act granting
a Tax of one penny per acre on the town of Johnson and two pence per
acre on Coit's Gore,' passed October 31st- A. D. 1801," and "An act
laying a tax of two cents per acre on the town of Glover," and the same
being severally read and considered, Resolved, To concur with the
house in passing them into laws.

The petition of Solomon Norton was again received from the house
with this order thereon:

"In General Assembly Oct. 28th- 1802.

Read & Recommitted, and Mr- Leland and Mr- Butler are added to
the Come- Attest Jas- Elliot Clerk."

And the sd- order being read, Resolved, To concur with the house in
the same.

A petition from sundry inhabitants of South and Middle Hero stating
that the Towns of Alburgh, Isle La Motte, North-hero, Middle-hero,
South-hero and the Islands adjacent, being separated by the waters of
Lake Champlain from the rest of this State, are greatly incommoded by
being Connected with the Counties on the Main, as the ferries are wide,
and the winds often so tempestuous that a passage is impossible for
several days together, and various other inconveniences, and praying that
said towns and islands may be erected into and constituted a separate
County and be duly organized, was sent up from the house of represen-
tatives with this order thereon:

" In General Assembly Oct. 28th- 1802.

This petition, together with the petitions from Alburgh, Isle la Motte,
and North-hero, referred to Mr- J. Wright, Mr- Ebenr- Allen, Mr- S. Shaw,

346 Governor and Council — October 1802.

Mr Emmons, Mr- Olin, Mr- Weston, Mr Dunbar, Mr Olds and Mr- Kibbe
to join such Committee as the Governor and Council may appoint.

Attest J as- Elliot Clerk."

And the same being read, Ordered, That Mr Spooner and Mr- Allis do
join the aforesaid Committee.
Adjourned to 2 O'clock P. M.

2 O'clock P. M.
A Petition from William Buckminster, praying for the removal of a
cause pending before the Supreme Court, from the County of Cale-
donia to the County of Windham, was received from the house with this
order thereon:

" In General Assembly Oct. 28, 1802.
Head and with the accompanying remonstrance referred to M> Theo8-
Harrington, Mr- Lyon, Mr- Chittenden, Mr- Linsley and Mr- Janes, to
join such Committee as the Governor and Council may appoint.

Attest Jas Elliot Clerk."

And the same being read, Ordered, That Mr- Chittenden do join the
aforesaid Committee.
Adjourned to 9 O'clock Tomorrow morning.

Friday October 29th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill passed in the house of Representatives, Entitled " An act lay-
ing a tax of three cents per acre on each acre of land in the Township
of Marshfield," was sent up for revision &c. and the same being read,
Resolved to concur with the house in passing the said bill into a law,
with the following proposals of amendment, That after the word " Com-
mittee " in the 10th- line of the 1st Section, insert the following, "and
also, the actual services rendered by Samuel Chamberlin, heretofore ap-
pointed one of said Committee," and after the word " Committee," in the
2nd line of the 2nd Section insert the words " and Collector." And Mr-
Loomis was requested to carry down said bill to the house and assign
to them the reason for the said amendments.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: " An act
laying a tax of two cents per acre on the town of Brownington, in the
County of Orleans;" "An act laying a Tax of three cents per acre on
the township of Newbury;" "An act laying a Tax of three cents per
acre on that part of the town of Canaan, late the town of Norfolk, in the
County of Essex;" "An act laying a tax of two cents per acre on the
town of Huntsburgh [Franklin];" " An act authorizing the Guardian of
the minor heirs of David Clark, late of Whiting in the County of Addi-
son, deceased, to sell lands;" "An act directing the Treasurer to pay
Lemuel Barker the sum therein mentioned;" and "An act empowering
the late Sheriff of the County of Orange to sign certain records;" and
the same being severally read and considered, Resolved, To concur in
passing the said bills respectively into laws.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill Entitled " An act in addition to an act Entitled ' an act grant-
ing to William Page and Lewis R. Morris, their heirs and assigns for-
ever, the exclusive right of locking Bellows Falls un Connecticut River,
and for repealing an act, passed at Windsor on the first day of Novem-
ber anno domini 1791,' passed the 25th- day of October 1792," was re-
ceived from the house with this order thereon:

G-overnor and Council — October 1802. 347

" In Genera! Assembly Oct. 29, 1802.

Read and referred to Mr- Theophilus Harrington, Mr- JsTiles and M>
Chauncey Smith, to join such Committee as the Governor and Council
may appoint. Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- White do join the afore-
said Committee.

A memorial and remonstrance from Ira Allen against the Petition of
Silas Hathaway, which prays for the confirmation of a pretended divis-
ion by him made of the lands in the town of Swanton, was received
from the house with this order thereon:

" In General Assembly Oct. 29, 1802.

Read and referred to the Committee on the petition of Silas Hath-
away. Attest Jas- Elliot Clerk."

And the same being read, Resolved, to concur with the house in the
said reference.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, "An act
laying a tax of four cents per acre on the Town of Brunswick," and "An
act laying a tax of four cents per acre on the town of Eden," and the
same being severally read & considered, Resolved, To concur in pass-
ing the said bills respectively into laws.

A bill Entitled "An act in addition to an act Entitled 'an act relating
to Goals and Goalers, and for the relief of persons imprisoned therein,'
passed March 9th- A. D. 1797," was received from the house with this
order thereon :

" In General Assembly Oct. 29th- 1802.

Read and referred to the Committee appointed on the insolvent act,
and Mr- Butler and Mr- T. Harrington are added.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

The Council adjourned untill 9 O'clock tomorrow morning.

Saturday, October 30th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled "An act lay-
ing a tax of two cents per acre on Coit's Gore in Franklin County," was
sent up for revision &c. and being read, Resolved, To concur in passing
the said bill into a law.

A petition from Ira Allen, praying the Legislature to grant him an
act of personal protection in all civil cases for the term of one year next
after the rising of the legislature, was received from the house with this
order thereon :

" In General Assembly Oct. 29th- 1802.

Read and referred to Mr D. Sheldon. Mr- Hunt, Mr- T. Hammond,
M1- Emmons, Mr- Linsley, Mr- Chamberlin, Mr- Chittenden, M1- Dun-
bar, Mr- F. Davis, M1'- Hinman and Mr- Dana, to join such Committee
as the Governor and Council may appoint.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, 'That Mr- Loomis and Mr- Strong
do join the aforesaid Committee.

A petition from Jonathan Butterfield and others, praying that the
Legislature would grant no further act of suspension to Ira Allen,
was sent up from the house with this order thereon :

348 Governor and Council — November 1802.

" In General Assembly Oct. 29th- 1802.

Read and referred to the joint Committee on the Petition of Ira Allen.

Attest Jas- Elliot Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

A bill, passed in the house of Representatives, Entitled "An act di-
viding the State into districts for Electing Representatives to the Con-
gress of the United States and directing the mode of their election," was
sent up for revision &c. and being read, Ordered, That it lie on the table
for consideration.

The following bills, passed in the house of Representatives, were sent
up for revision & concurrence or proposals of amendment, "An act for
the relief of James Hyde," and "An act for the relief of Solomon Nor-
ton," and the said bills being severally read and considered, Resolved,
To concur with the house in passing them respectively into laws.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following resolution was received from the house, viz.

" In General Assembly Oct. 22, 1802.

Resolved, That a Committee be appointed, to consist of a member
from each County, to join such Committee as the Governor and Council
may appoint, to examine into the expediency of laying assessments for
licenses to retailers of wines and foreign distilled spirituous liquors, and
also of laying a tax on pleasure carriages, and make report to the house by
bill or otherwise. Members chosen — Mv- Jona- Baker, Mr- Fitch, Mr- T.
Harrington, Mr- Leland, Mr Olin, Mr- Jas- Fisk, Mr- Hay, Mr- Cameron,
M1'- Farnsworth, Mr- Olds & Mr. Weatherbee. Extract from the Jour-
nals. Attest Jas- Elliot Clerk."

And the same being read. Ordered, That Mr- Galusha and Mr- Strong
do join the aforesaid Committee.

The Council adjourned untill 10 O'clock Monday morning.

Monday, November 1st 1802, 10 O'clock A. M.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, viz. " An
act laying a tax of one cent per acre on the town of Bristol;" "An act
laying a *tax of three cents per acre on the town of Enosburgh;" "An
act laying a tax of two cents per acre on the town of Cabot;" " An act
laying a tax of two cents per acre on the town of Whitingham;" "An
act laying a tax of one cent per acre on the town of Jay;" and "An act
laying a tax of three cents per acre on the town of Richford;" and the
said bills being severally read and considered, Resolved, To concur with
the house in passing them respectively into laws.

A petition from the Selectmen of Canaan, in behalf of the Inhabitants
of said town, praying for a tax of five cents per acre on said town, was
received from the house with this order thereon :

"In General Assembly Oct. 30, 1802.

Reconsidered the vote to refer this petition to the next Session, and it
is recommitted to the first land tax Committee.

Attest Jas- Elliot Clerk."

And the the same being read, Resolved To concur with the house in
the said reference.

A bill, Entitled "An act constituting and establishing a Company of
Artillery in the eighth Brigade and first Division of the Militia of this
State " was received from the house with this order thereon :

Governor and Council — November 1802. 349

" In General Assembly Oct. 30, 1802.
Read and Committed to Mr- Tho8- Hammond, Mr- Leavensworth, and
Mr- Ja8- Fisk to join from Council.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Witherell do join the
aforesaid Committee.

The following resolution was received from the house :

In General Assembly Oct. 30, 1802.

Whereas, "An act for the purpose of founding an University at Bur-
lington," passed 3rd- November 1791, is not sufficiently explicit respecting
certain powers intended to be granted to the trustees of said University
or College, To prevent doubts about the execution of those powers:

Whereas, likewise, on a comparison of the above act with acts respect-
ing other colleges, it appears that additional powers to those vested in
the Trustees of said College ought to be granted and fully defined, and

Whereas the Corporation of the said University of Vermont have at
much expense erected a large and commodious building, which they are
determined soon to fit and prepare for the reception of Students — It is,
therefore,

Resolved, That a Committee, of a member from each County, to join
such Committee as the Governor and Council may appoint, be appointed
to investigate the laws above mentioned with everything relative
thereto, which shall be presented by the Trustees of said Corporation,
or any of them, and report to this house what amendments, alterations
and additions, to the act above mentioned ought, in their opinion, to
take place.

Members Chosen — Mess8- Moses Robinson, Farrand, T. Harrington,
Keyes, Linsley, Niles, Hay, Parley Davis, Levi House, Hinman, and
Daniel Dana. Attest Jas Elliot, Clerk."

And the same being read, Ordered, That Mr- Chamberlain and Mr-
Miller join the aforesaid Committee.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, viz. " An
act establishing the jurisdictional lines between the towns of Newbury
and Topsham, Orange and Barre, in the County of Orange," and "An
act altering the name of Isle of Motte to that of Vineyard," and the
said bills being severally read and considered, Resolved to concur with
the house in passing them respectively into laws.

The Governor and Council took under consideration the bill Entitled
"An act dividing the State into districts, for Electing Representatives to
the Congress of the United States, and directing the mode of their
election," and progressed in the same as far as the seventh section, by
paragraphs, when an adjournment being called for, on motion, Ordered,
That said bill lie on the table till afternoon.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Governor and Council resumed the consideration of the "Act
dividing the State into districts for Electing Representatives to the
Congress of the United States, and directing the mode of their election,"
and after some remarks on the same, Ordered, That the said bill be
referred to Mr- Galusha, Mr- Chamberlain and Mr- Loomis, to report
amendments.

A bill, passed in the house of Representatives, Entitled "An act for
the relief of Ripley Torry," was sent up for revision &c. and the same
being read, Ordered, That said bill lie on the table.

A bill Entitled "An act constituting and establishing a Company of

350 Governor and Council — November 1802.

Cadets in the eighth Brigade first division and second regiment of the
Militia of this State," was received from the house with this order thereon:

"In General Assembly Nov. 1, 1802.

Read and referred to the joint Committee upon the bill for establish-
ing a Companv of Artillery in the eighth Brigade first division.

Attest Jas- Elliot Clerk:'

And the same being read, Resolved, To concur with the house in
their said reference.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
consituting and establishing a Company of Artillery in the second
Regiment in the second Brigade and second Division of the Militia of
this State;" "An act in addition to an act Entitled 'an act granting to
Horatio Knight leave to raise by lottery the sum of one Thousand
dollars;' " and "An act constituting and establishing a Company of
Artillery in the second Regiment first Brigade and second Division of
the Militia in this State;" and the said bills being severally read and
considered, Resolved, To concur in passing the same respectively into
laws.

A bill, passed in the house of Representatives, Entitled " An act
empowering William Page, Administrator, to sell the real estate of
John Duncan, late of New Grantham, in the County of Cheshire and
State of New Hampshire, deceased," was sent up for revision &c. and
the same being read, Resolved, To concur with the house in passing
the said bill into a law, with this proposal of amendment, after the word
"bonds," in the thirteenth line of said bill, insert the words "with
sufficient sureties," and Mr- Galusha was appointed to carry said bill to
the house and assign the reasons for said amendment.

Adjourned until 9 O'clock Tomorrow morning.

Tuesday, November 2Dd- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

On motion of Mr- Miller, stating the delicacy of his situation from his
vicinity to the University of Vermont, and the interest of his family
connexions with the College at Middlebury, Resolved, That he be dis-
charged from any service relating to the "University of Vermont," on
which he was yesterday appointed a Committee, and that Mr- Safford
supply his place.

The Governor and Council again took under consideration the bill
Entitled "An act for the relief of Ripley Torry," when it was Resolved,
To concur with the house in passing the said bill into a Law, with this
proposal of amendment — erase the second section and insert the follow-
ing in its place: " And it is hereby further enacted, that the same equity
in the admission of evidence shall be extended to the Plaintiff in said
cause as is allowed by said act to the said Ripley Torry;" and Mr- Galu-
sha was appointed to carry said bill to the house and assign the reasons
for such amendment.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of two cents per acre on the town of Stratton," was sent up
for revision &c. and the same being read and considered, Resolved, To
concur with the house in passing the said bill into a Law.

The following resolution was received from the house, viz.

" In General Assembly Nov. 2, 1802.

Whereas the opening necessary and convenient roads tends greatly to
the wealth and population of this State, by encouraging settlements, and

Governor and Council — November 1802. 351

rendering public travel convenient; and as a good road, from North to
South, directly through this State, beginning at Huntsburgh [Franklin]
or Berkshire, thro' Enosburgh, Bakersfield, part of Fletcher to Cam-
bridge, Underhill, Jericho, Richmond, Huntington, Buel's Gore, Lin-
coln, Ripton, Goshen to Brandon, to fall into the public road at Brandon
or Pittsford, through which towns there are roads laid, tho' not suffi-
ciently occupied for public travel, yet capable of being made feasible for
public travel, and would shorten the travel from North to South about
twenty miles if streightened and mended— Therefore, Resolved, That a
Committee of three be appointed from this house, to join such Commit-
tee as the Governor and Council may appoint, to take under considera-
tion the utility and necessity of opening, straitening and repairing the
road thro' said Towns, to state facts and report their opinion. Members
Chosen — Mr- Buel, M1'- Brownson and Mr- Spooner. Extract from the
Journals. Attest Jas- Elliot Clerk."

The said resolution being read, Ordered, That Mr- Miller do join the
aforesaid Committee.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

On motion, M1'- Witherell obtained leave to introduce a Bill Entitled
"An act in addition to an act Entitled ' An act for the distribution of the
Laws, Journals and other Public Papers,' " and the said Bill being read
& considered, Resolved, That the same do pass, and Ordered, that it be
engrossed and sent to the house of Representatives for their revision
and concurrence or proposals of amendment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: 'An act
laying a Tax on the County of Essex ;" "An act laying a Tax of one
cent per acre on all the lands in Sherburne, alias Killington, and one &
an half cent per acre on all the lands inMedway" [Mendon;] "An act di-
recting the Treasurer to pay the sum therein mentioned ;" and "An act
authorizing and empowering Stephen Holmes, under the direction of
the Judge of Probate for the district of Georgia, to sell the real Estate
of David Sears, late of Fairfield, deceased," and the said bills being sev-
erally read & considered, Resolved, to concur with the house in passing
them respectively into laws.

A bill passed in the house of Representatives, Entitled "An act laying
a tax of three cents per acre on the town of Danville for the purpose
therein mentioned," was sent up for revision &c. and the same being read
and considered, Resolved, To concur with the house in passing the said
bill into a law, with this proposal of amendment, after the word "Dan-
ville" in the fourth line, erase the words "and Waltham Gore" and in-
sert after the said Danville, "excluding and excepting all that tract of
land, called ' Walden Gore,' lately annexed to said town of Danville ;"
and Mr- Chamberlain was requested to carry said bill to the house and
state the reason for said amendments.

A bill, entitled "An act authorizing the Proprietors of Moretown to
establish their former proceedings," was received from the house with
this order thereon :

In General Assembly Nov. 2, 1802.

Read and referred to the joint Committee on the enclosed petition, and
Mr- Moses Robinson and Mr- Linsley are added.

Attest Jas- Elliot Clerk."

And the said bill being read, Ordered, That Mr- Spooner do join the
aforesaid Committee.

On motion, Mr- Witherell obtained leave to introduce a bill Entitled

352 Governor and Council — November 1802.

"an act directing Leather Sealers in their office and duty," and the said
bill being read, Ordered, That it lie on the Table.

The petition of William Barton, together with the report thereon, was
received from the house with this order thereon :

" In General Assembly Nov. 2, 1802.

This petition and report recommitted to the former joint Committee,
to report by bill or otherwise. Attest Jas- Elliot Clerk."

And the same with the report being read, Resolved, To concur with
the house in their said reference.

The Council adjourned untill 9 O'clock Tomorrow morning.

Wednesday November 3d- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
laying a tax of three cents per acre on Deweysburgh [part of Danville
and Peacham];" "An act in addition to an act Entitled ' An act assess-
ing a tax of one cent per acre on the town of Middlesex, in the County
of Chittenden;" "An act establishing the division of lands in the town
of Leicester;" & "An act laying a tax of three cents per acre on the
town of Highgate and Alburgh Gore;" and the said bills being seve-
rally read and considered, Resolved, To concur with the house in pass-
ing them respectively into laws.

A bill Entitled " An act in addition to an act passed 7th- day of No-
vember A. D. 1798, Entitled 'An act in addition to an act Entitled An
act granting to William Page and Lewis R. Morris, their heirs and as-
signs forever, the exclusive right of locking Bellows Falls on Connecti-
cut River, and for repealing an act passed the first day of November A.
D. 1791, granting the same,' and also in addition of [to] an act passed on
the seventeenth day of October, 1795, for increasing the toll on all kinds
of lumber," was received from the house with this order thereon:

" In General Assembly Nov. 3, 1802.

Read and referred to the joint Committee upon a former bill on the
the same subject. Attest Jas- Elliot, Clerk."

And the same being read, Resolved, To concur with the house in their
said reference.

Adjourned to 2 O'clock P. M.

2 O'clock, P. M.

Mr- Spooner, member of the house of Representatives, returned the
bill, which originated in Council, Entitled " An act in addition to an act
Entitled 'An act for the distribution of the laws, journals and other pub-
lic papers,' " with this order thereon :

'• In General Assembly Nov. 3, 1802.

Read and concurred with the following amendment viz. erase the
word " letter " in the seventh line, and insert in lieu thereof the words
" superfine demi," and Mr- Spooner is requested to carry up said bill to
the Governor and Council and assign the reasons for said amendment.

Attest Ja8- Elliot Clerk."

And after stating the reasons for said amendment, he withdrew, and
the said bill with the amendments being read, Resolved, To concur with
the house therein, and Ordered, That the Secretary acquaint the house
with the same.

A Memorial from Gen1- Ira Allen, stating that the petition of William
Barton contains very erroneous statements, and praying that the same
may not be granted, was received from the house with this order
thereon:

Governor and Council — November 1802. 353

" In General Assembly Nov. 3, 1802.

Head and referred to the joint Committee on the petition of William
Barton. Attest Jas- Elliot Clerk."

The said memorial being read, Resolved, To concur with the house in
their reference.

On motion, Resolved, The General Assembly concurring therein, that
the two houses meet in joint Committee, at eleven O'clock in the fore-
noon of Thursday the 4™- Instant, in the Representatives' room, for the
purpose of Electing a Brigadier General of the 7th- Brigade in the 4th-
Division of the Militia of this State, to fill the vacancy occasioned by
the resignation of Joseph Foster Esquire, late General of said Brigade
in said Division. And also for the purpose of appointing a Surveyor
General, and Auditor of Accounts against this State.

The Committee to whom was referred the bill Entitled "An act di-
viding the State into Districts for Electing Representatives to the Con-
gress of the United States, and directing the mode of their election,"
reported sundry amendments to be made in said bill, which report was
amended and accepted, & then it was Resolved, To concur with the
house in passing the said bill into a law, with the said proposals of
amendments accompanying the same, and Mr Galusha was desired to
carry down said bill and assign the reasons for said amendments.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
annexing the eighth School District in Newhaven to the North-West
District in Middlebury;" "An act granting relief to Samuel Wetherbee
and Jonathan Woodbury in the case therein mentioned;" and "An act
annexing part of the town of Moretown to the town of Duxbury for
school purposes;" and the said bills being severally read and consid-
ered, Resolved, To concur with the house in passing them respectively
into Laws.

The Council adjourned untill 9 O'clock tomorrow morning.

Thursday, November 4th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
directing the Treasurer of this State to credit the Constable of the town
of Barnet the sum therein mentioned;" "An act laying a tax of two
cents on the acre in the town of Burke;" and "An act laying a tax of
three cents per acre on the town of Sheffield." The said bills being
severally read and considered, Resolved, To concur with the house in
passing them respectively into laws.

The Governor and Council proceeded to the Representatives' room
agreeably to the resolution of yesterday afternoon. The ballots were
taken for a Brigadier General of the seventh Brigade in the Fourth
Division of Militia of this State, and examined, and Col0- Roswell Olcott
having a Majority was declared duly elected. James Whitelaw Esquire
was in like manner elected Surveyor General, and Benjamin Emmons
Junr- Esqr- Auditor of Accounts against the State, for the year ensuing.
The Governor and Council then returned to their Chamber and ad-
journed to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled "An act
restoring Jonas Matthews to his Law," was sent up for revision &c. and
the same being read and considered, Resolved, To concur with the house
in passing the said bill into a law.

23

354 Governor and Council — November 1802.

On motion of Mr- Loomis, stating the indisposition of his family,
Ordered, That he have leave of absence during the remainder of the
Session.

A bill, passed in the house of Representatives, Entitled "An act laying
a tax of two and an half cents per acre on the town of Duxbury," was
sent up for revision &c. and the same being read, Resolved, To concur
with the house in passing the said bill into a law, with these amend-
ments, viz — That after the word " two," in the third line, erase the words
" and an half," and also the same Words in the title ; after the word
" Davis" in the thirteenth line, erase the name of "Joseph Clark," and
insert "Jabez Jones;" and after the word "to" in the eighteenth line,
erase the name of "Ebenezer Corse" and insert "Solomon Miller."
And Mr- White was requested to carry said bill to the house and ac-
quaint them with the reasons for said amendments.

The following message was received from the house:

" In General Assembly Nov. 4, 1802.

The General Assembly have concurred in the amendments proposed
by the Governor and Council to the bill Entitled "An act dividing the
State into districts for electing Representatives to the Congress of the
United States and directing the mode of their Election," and the said
bill as amended is duly passed into a law of this State.

Attest Jas Elltot Clerk."

The Council adjourned to 9 O'clock Tomorrow morning.

Friday, November 5th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

On motion, Resolved, That the Governor and Council do reconsider
the vote concurring in the passage of the bill Entitled "An act laying a
tax of three cents per acre on Highgate and Alburgh Gore." The said
bill being again taken under consideration and the parties interested
being heard by themselves and Council, Resolved, That the Governor
and Council do not concur in passing the same, and Mr- White is desired
to draw up the reasons therefor in writing.

A bill, passed in the house of Representatives, Entitled "An act em-
powering Polly Phillips, Administratrix on the Estate of Asa Phillips,
to deed certain lands in the case therein mentioned," was sent up for
revision &c. and being read, Ordered, That the said bill be referred to
Mr- Witherell for amendment.

A bill, passed in the house of Representatives, Entitled "An act to
establish for the time being the jurisdictional lines of the towns therein
mentioned," was sent up for revision &c. & being read, Resolved, To
concur with the house in passing said bill into a Law, with the amend-
ments noted on the same, and the 1> Governor is desired to acquaint
the house with the reasons for said amendments.

Mr- Witherell, to whom was referred the bill Entitled "An act empow-
ering Polly Phillips, Administratrix on the Estate of Asa Phillips, to
deed certain lands in the case therein mentioned," reported sundry
amendments to be made in said bill, which were adopted, and then
it was Resolved, To concur with the house in passing said bill into a
Law as amended, and Mr- Witherell was directed to carry said bill to
the house and acquaint them with the reasons for said amendments.

A bill passed in the house of Representatives, Entitled "An act laying
a tax of three Cents per acre on the town of Canaan," was sent up for re-
vision &c. and the same being read, Resolved, To concur with the house
in passing said bill into a Law.

Adjourned to 2 O'clock P. M.

Governor and Council — November 1802. 355

2 O'clock P. M.

On motion, Mr- Brigham obtained leave to bring in a bill Entitled
"An act in addition to an act Entitled 'An act regulating the Office and
duty of Sheriff,. High bailiff, their respective deputies & Constables,' pass-
ed March 6th- 1797, and regulating the disposition of Goal-houses," and
the said bill being read, Ordered, That it lie on the table.

The bill, Entitled " An act in addition to the Second Section of an act
Entitled ' An act directing Leather Sealers in their office and duty,' "
was read a second time and Resolved, That the said bill do not pass, and
on motion, Ordered, That Mr- Witherell, who introduced said bill, have
liberty to withdraw the same.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
laying a tax of one cent and two mills on the dollar on the list of one
thousand eight hundred and two;" and "An act in addition to an act,
passed the 7th- day [of] November, 1798, Entitled ' an act in alteration of
an act Entitled an act granting to William Page and Lewis R. Morris,
their heirs and assigns forever, the exclusive right of locking Bellows
Falls on Connecticut River, and for repealing an act passed the 1st- day
of November A. D. 1791, granting the same,' and also in alteration of an
act passed the 17th- day of October 1795, for increasing the toll on all
kinds of lumber," and the said bills being severally read and considered,
Resolved, To concur with the house in passing them respectively into
laws.

On motion of M1- Safford, Ordered, That he be excused from any fur-
ther service on the petition of Silas Hathaway, and that Mr- Witherell
be appointed in his room.

A bill passed in the house of Representatives, Entitled " An act in
addition to an act entitled ' An act regulating the collection and payment
of rates, and repealing an act passed the 26th day of October A. D. 1801,
and for other purposes,'" was sent up for revision &c. and the same be-
ing read & considered, Resolved, To nonconcur with the house in passing
the said bill into a Law, & Mr- Witherell and Mr- Galusha appointed
a Committee to assign in writing the reasons for such nonconcurrence.

Adjourned untill 9 O'clock Tomorrow morning.

Saturday, November 6th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr- Galusha reported the reasons of the Governor and Council for
their nonconcurrence to the bill Entitled "An act in addition to an act
Entitled ' An act regulating the collection and payment of rates,' and re-
pealing an act passed the 26th day of October A. D. 1801, and for other
purposes," which was read and approved.

A bill, passed in the house of Representatives, Entitled " An act au-
thorizing his Excellency the Governor of this State to issue a new Char-
ter to the Proprietors and Settlers of the Town of Danville," was
sent up for revision &c. and being read, Ordered, That it be referred to
Mr- Brigham and Mr- Chamberlain.

On motion of Mr- Williams, stating the sickness of his family, Or-
dered, That he have leave of absence during the remainder of the
session.

A bill, passed in the house of Representatives, Entitled " An act ap-
pointing a Committee to lay out a road thro' the County of Orleans,"
was sent up for revision &c. and being read, Resolved, To concur with
the house in passing the said bill into a law, with this proposal of amend-

356 Governor and Council — November 1802.

ment, That the whole of said bill be erased, except the preamble and the
first Section thereof, ane Mr- White requested to assign to the house the
reasons for the said amendment.

The following bills, passed in the house of Representatives,, were sent
up for revision and concurrence or proposals of amendment, " An act
directing the Treasurer to pay Benjamin Emmons Jur-> Auditor, the sum
therein mentioned," and "An act appointing a new Committee on a land
tax on the town of Alburgh, and reviving the act laying said tax," and
the said bills being severally read and considered, Resolved, To concur
with the house in passing them respectively into laws.

Mr Galusha moved for liberty and obtained leave to introduce a bill
Entitled "An act in addition to an act Entitled 'An act constituting the
supreme Court of Judicature and County Courts, defining their powers,
and regulating judicial proceedings,' " and the said bill being read and
considered, Resolved, That the same do pass, and Ordered, that it be
engrossed and sent to the house for their concurrence.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, "An act to
establish the sale of Wheat by weight," and "An act to continue in force
an act passed at Newbury in October, 1801, directing the Treasurer of
this State not to issue or prosecute any extent against the Collectors of
State Taxes for the Town of Ferrisburgh for the sum of one hundred
and thirty three Dollars and thirty three cents of the State tax assessed
on said town on the list of the year 1800," and the said bills being sever-
ally read and considered, Resolved, To concur with the house in passing
them respectively into laws.

A bill, Entitled "An act establishing a Grammar School at Lunen-
burgh, in the County of Essex," was received from the house with this
order thereon :

" In General Assembly Nov. 6, 1802.

Read and referred to Mr Parley Davis, Mr- Butler & Mr- Leland, to
join such Committee as the Governor and Council may appoint.

Attest Jas- Elliot Clerk."

And the said bill being read, Ordered, That Mr- White do join the
aforesaid Committee.

The following resolution was received from the house :

"In General Assembly Oct. 28, 1802.

Whereas some of the public rights of land in sundry towns in this
State are become very valuable and would be immediately occupied, did
not doubts arise as to the power of selling or leasing the same, Resolved,
that a Committee consisting of a member from each County be ap-
pointed to examine into the situation of those rights, state the facts
arising from that examination, and make report to this house what, in
their opinion, ought to be done to remedy the above defect. Members
chosen— Mr- Moses Robinson, Mr Sam1- Porter, Mr- Chauncey Smith, Mr-
Spooner, Mr D. Smith, Mr- Jona- Fisk, Mr- Hay, Mr- Blanchard, Mr- Levi
House, Mr- Olds and Mr-French.

Att. Jas- Elliot Clerk."

Nov. 6, 1802.

Ordered, That the within Committee do join such Committee as the
Governor and Council may appoint.

Attest Jas- Elliot Clerk."

And the said resolution and orders thereon being read, Resolved,
That Mr- Galusha & Gov. Brigham join the aforesaid Committee.

Governor and Council — November 1802. 357

A bill, passed in the house of Representatives, Entitled "An act in al-
teration of, addition to, and for repealing part of an act Entitled 'An act
regulating the disposition of monies raised by tax on lands in the sev-
eral towns for the purpose of making and repairing roads and building
bridges,' passed Nov. 2, 1796, as also in addition to 'an act regulating
the disposition of monies raised by taxes in the several towns for the
purpose of making and repairing roads and building bridges and regu-
lating proceedings thereon,' passed Oct. 27th- 1800," was sent up for
revision &c. and the said bill being read, Resolved, To concur with the
house in passing the same into a Law, with the following proposal of
amendment, viz. That after the word " shall," in the 11th- line of the
4th- Section, erase the words "have power, and it is hereby made their
duty," and insert these words in lieu thereof, "apply to the Judges of the
County Court of the County in which the tax is to be collected, or either
two of them, whose duty it is hereby made." And Mr- Witherell ap-
pointed to assign to the house the reasons for said amendments.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
constituting and establishing a Company of Cadets in the second Regi-
ment, eighth Brigade and first Division of the Militia of this State;"
"An act in addition to an act Entitled 'An act defining the powers of
Justices of the Peace within this State,'" and "An act directing when
Tenders may be made, and where suits at Law shall be brought, in cer-
tain cases; and for making it the duty of Sheriffs, bailiffs and Attornies
to deliver a Statement of their accounts, and receipt the same;" And
the said bills being severally read and considered, Resolved, To concur
with the house in passing them respectively into laws.

The Council Adjourned untill 9 O'clock Tomorrow [Monday] morning.

Monday, November 8th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

The bill Entitled "An act in addition to an act Entitled 'An act regu-
lating the office and duty of Sheriff, High bailiff, their respective depu-
ties and Constables,' passed March 6th- 1797, and regulating the disposition
of Goal houses," was again read and discussed, when it was Resolved,
That the said bill do pass, and that it be engrossed and sent to the house
of Representatives for their concurrence.

A bill, passed in the house of Representatives, Entitled "An act con-
stituting and establishing a Company of Artillery in the eighth Brigade
and first Division of the Militia of this State," was sent up for revision
&c. and being read, Resolved, To concur with the house in passing said
bill into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
laying a tax of two cents per acre on the township of Holland;" "An
act laying a tax of three cents per acre on the town of Moretown;" and
"An act laying a tax on the County of Orange;" and the said bills being
severally read and considered, Resolved, To concur with the house in
passing them respectively into laws.

The Committee, to whom was referred the bill Entitled "An act
authorizing his Excellency the Governor of this State to issue a new
Charter to the Proprietors and Settlers of the Township of Danville,"
reported " That having critically examined the papers accompanying

858 Governor and Council — November 1802.

said bill and compared the report of the Committee with the act. find
that they agree, and are of opinion that this bill do pass," whereupon
Resolved, To concur with the house in passing the same into a law.
The bill Entitled a An act to establish for the time being the jurisdic-
tional lines of the towns therein mentioned," was again received from
the house with this new order thereon.

"In General Assembly Nov. 8, 1802.
Referred to Mr- Jacob Smith, Mr- Theo8- Harrington and Mr- Niles, to
join such Committee as the Governor and Council may appoint, to en-
quire into the facts which induced the Governor and Council to propose
amendments &c. Attest Jas Elliot Clerk."

And the same being again read, Ordered That Gov. Brigham do join
the aforesaid Committee.

The bill Entitled "An act laying a tax of three Cents per acre on the
town of Highgate and Alburgh Gore," which had been nonconcured by
the Governor and Council, was again passed by the house of Represen-
tatives and sent up for revision &c. and being again read and consid-
ered, Resolved, To concur with the house in passing the said bill into a
law.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, "An act
laying a tax of two cents per acre on the township of Walden, alias Cal-
dersburgh, Brownington Gore and Whitelaw's Grant," and "An act lay-
ing a tax on the County of Windsor," and the said bills being severally
read and considered, Resolved, To concur with the house in passing
them respectively into laws.

A bill Entitled " An act in addition to and in revival of an act Enti-
tled 'An act laying a tax of two cents per acre on the town of Swanton,
for the purpose" therein mentioned,' passed Oct. 26th- 1801," was received
from the house with this order thereon:

" In General Assembly Nov. 8, 1802.
Read and referred to Mr- Farnsworth, Mr- Olin and Mr- House, to join
such Committee as the Governor and Council may appoint.

Attest Jas- Elliot Clerk."

And the same being read, Ordered, That Mr- Allis do join the afore-
said Committee.

Mr- Stanley returned from the house the bill Entitled " An act ap-
pointing a Committee to lay out a road thro' the County of Orleans,"
with this order thereon:

" In General Assembly Nov. 8, 1802.
Read and nonconcurred in the amendments proposed by the Governor
and Council, and Mr- Stanley is appointed to carry up said bill and as-
sign the reasons. Attest Jas- Elliot Clerk"

And after stating the reasons for such nonconcurrence, he withdrew.
Ordered, That said bill lie on the table.

A bill, passed in the house of Representatives, Entitled "An act grant-
ing to Isaac Stevens and John Stevens a new trial in an action brought
by William Sweetser against said John Stevens as Trustee of said Isaac
Stevens," was sent up for revision &c. and the same being read, Re-
solved, To concur with the house in passing said bill into a law.

A bill passed in the house of Representatives, Entitled "An act grant-
ing relief to Ebenezer Durfey and others in the case therein mention-
ed," was sent up for revision &c. and being read, Resolved, To noncon-
cur with the house in passing the said bill into a law, for the reasons trans-
mitted to the house with the same.

The following message was received from the house:

Governor and Council — November 1802. 359

" In General Assembly Nov. 8. 1802.

The General Assembly have concurred in the bill sent down from the
Governor and Council Entitled " An act in addition to an act Entitled
'An act constituting the Supreme Court of Judicature and County Courts,
definingtheir powers and regulating judicial proceedings,' " and the same
is passed into a law. And they have also concurred in the amendments
proposed by the Governor and Council to the bill Entitled " An act lay-
ing a tax of two and a half cents per acre on the town of Duxbury."

Attest Jas- Elliot Clerk."

Adjourned untill 9 O'clock Tomorrow morning.

Tuesday, November 9, 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

The bill Entitled " An act appointing a Committee to lay out a road
thro' the County of Orleans," returned from the house yesterday, with
the amendments proposed by the Governor and Council nonconcurred,
was again taken under consideration, and the said bill and amendments
being read, Kesolved, To rescind from the former proposal of amend-
ment & to concur with the house in passing the said bill into a law with
this proposal of amendments: That the 2<* & 4th Sections of said bill be
erased, and that the section accompanying said bill be added as a third
Section, and Mr- Chamberlain was requested to assign to the house the
reasons for said amendment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
repealing 'an act granting relief to Collectors of State Taxes where
erroneous returns of the General list shall happen,' passed the 26th- day
of October 1801, and for other purposes;" "An act empowering the
proprietors of the Township of Addison to lay out their undivided lands
for pitching;" "An act annexing the towns of South-Hero and Middle-
Hero to the Probate District of Alburgh;" and "An act restoring Eben-
ezer Allen to his law;" and the said bills being severally read and
considered, Resolved, To concur with the house in passing them respec-
tively into laws.

A bill passed in the house of Representatives, Entitled "An act
establishing the lines of the Towns of Berkshire, Enosburgh, Richford,
Montgomery, Jay and Westfield, and directing the sale of a gore of land
between Enosburgh and Montgomery, Berkshire and Richford," was
sent up for revision &c. and the same being read, with a large number
of accompanying papers, and the persons in interest being heard,
Resolved, To concur with the house in passing the said bill into a law,
with this proposal of amendment: That after the last word in the tenth
line of the third Section, the remainder of the bill be erased, and the
accompanying paragraph be inserted in lieu thereof, and Mr- Chamber-
lain was appointed to assign to the house the reasons for said amendment.

A bill Entitled "An act for laying a Post road from the north line of
Huntsburgh [Franklin,] in the County of Franklin, to Hinesburgh in the
County of Chittenden," wTas received from the house with the following
order thereon:

" In General Assembly Nov. 8, 1802.

Read and referred to Mr- Chipman, Mr P. Davis and Mr- Roberts, to
join such Committee as the Governor and Council may appoint.

Attest Jas- Elliot, Clerk."

And the same being read, Ordered, That Mr- Chittenden do join the
aforesaid Committee.

360 Governor and Council — November 1802.

The following written message was received from the house:

" In General Assembly Nov. 9, 1802.

The General Assembly have reconsidered and rescinded the resolve
passing the bill Entitled "An act giving relief to Ebenezer Durfey and
others in the case therein mentioned," which was returned from the
Governor and Council nonconcured. They have concurred in the
amendments proposed by the Governor and Council to the bill Entitled
"An act empoweiing Polly Phillips, Administratrix on the Estate of
Asa Phillips, to deed certain lands in the case therein mentioned."
They have also concurred in the amendments proposed by the Governor
and Council to the bill Entitled "An act in alteration of, addition to,
and to repeal part of an act Entitled 'An act regulating the disposition
of monies raised by taxes on lands," &c. &c. and the two bills last afore-
said are duly passed into laws. Attest Jas- Elliot Clerk."

The petition of Ebenezer Durfey, Jedediah Durfey, Simon Chase and
Samuel Eastman of Lincoln in the County of Addison, addressed to the
Governor and Council, was read. Ordered, That it be referred to a
Committee of three to state facts and report thereon. Members chosen
— Mr- Galusha, Mr- Strong and Mr- Witherell.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
giving relief to Phinehas Parkhurst, first Constable of Sharon ;" "An
act appointing a Committee to look out and survey a post road from the
Court-house in Burlington in the County of Chittenden to the bridge
over the main branch of Onion River in the town of Montpelier in the
County of Caledonia ;" and "An act directing the Treasurer of this State
to pay the several State's Attornies the sums therein mentioned" — and
the said bills being severally read and considered, Resolved, To concur
with the house in passing them respectively into laws.

Adjourned to 2 O'clock afternoon.

2 O'CLOCK P. M.

A bill passed in the house of Representatives, Entitled "An act con-
stituting the towns of Alburgh, Isle of Motte, North-hero, South-hero,
and other small Islands, in Lake Champlain, a County, by the name of
Grand Isle," was sent up for revision &c. and the same being read, Re-
solved, To concur with the house in passing the said bill into a law.

A bill, passed in the house of Representatives, Entitled "An act in ad-
dition to and alteration of an act Entitled 'An act ascertaining the prin-
ciples on which the list of this State shall be made, and directing Listers
in their office and duty," was sent up for revision &c. and the same be-
ing read and largely discussed, it was moved to amend said bill by strik-
ing out the word "fifty" in the seventh line of the fifth Section and to in-
sert "thirty" in lieu thereof. The yeas and nays being required by Mr-
Witherell were as follows : Yeas — Mess8- Safford, Miller and Spooner.
Nays — L*- Governor, Mess8- Chamberlain, Galusha, Chittenden, Allis,
White, Strong and Witherell. Yeas 3, Nays 8, and the said amendment
was rejected. On motion Resolved, To concur with the house in pass-
ing the said bill into a law, with this proposal of amendment, viz. That
the first, second, third, fourth and sixth sections be erased, and that
the word "further," in the enacting clause of the fifth section be struck
out ; and Mr- Witherell was requested to assign to the house the reasons
for the said proposed amendments.

A bill passed in the house of Representatives, Entitled "An act em-
powering the Administrator of Thomas Davison to sell the lands therein
mentioned," was sent up for revision &c. and the same being read and
considered, Resolved, To concur with the house in passing the said bill
into a law, with the following proposals of amendment, viz. in the 1st

Governor and Council — November 1802. 361

Section, fourth line, erase the word "direct'' and insert "grant liberty
to;" and in the sixth line, after the word " Davison," insert " on their
giving bonds with sufficient sureties for the benefit of said heirs;" and
Mr- Witherell assign the reasons for the same to the house.

The following resolution was received from the house:

" In General Assembly Nov. 9, 1802.

Resolved, That a Committee of two members be appointed on the
part of the house, to join such Committee as the Governor and Council
may appoint, to prepare and lay before the house a bill making appro-
priations for the year ensuing. Members chosen — Mr Jacob Smith &
Mr- Chipman. Extract from the Journals.

Attest Jas. Elliot Clerk:'

And the said resolution being read, Ordered, That M> Miller do join
the aforesaid Committee.

A bill, passed in the house of Representatives, Entitled "An act in
addition to the act Entitled 'An act incorporating certain persons there
in named by the name of the Green Mountain Turnpike Company,'
passed the 2d- day of Nov. 1799," was sent up for revision &c. and the
same being read. Resolved, to concur with the house in passing the said
bill into a Law.

Adjourned to 9 O'clock Tomorrow morning.

Wednesday, November 10th- 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

The fol) owing resolution was received from the house:

Resolved, that a Committee consisting of a member from each county,
to join such Committee as the Governor and Council may appoint, be
appointed to receive and distribute the acts dividing the State into
districts for the purpose of electing Members of Congress — also the
Election Sermons, and proclamations for Thanksgiving. Members
chosen — Mess8Martindale, Roberts, Pliny Smith, Jacob Smith, Linsley,
jona. pisk5 Hay, Blanchard, J. Clapp, Stanley and Dan1- Dana.

Attest Jas- Elliot, CZfc."

And the said resolution being read, Ordered, That Mr- Strong do join
the aforesaid Committee.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
directing the Treasurer of Orange County to pay the several sums
therein mentioned;" " An act laying a tax of three cents per acre on the
town of Westmore;" "An act in addition to an act assessing a tax of
two cents per acre on the town of Plainfield, Late S*- Andrews Gore, for
the purpose therein mentioned, passed 7 day of Nov. A. D. 1798;" and
" An act appointing a Committee to lay out a road from S*- Albans to
Richford;" and the said bills being severally read and considered, Re-
solved to concur with the house in passing them respectively into laws.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of three cents per acre on the town of Milton;" was sent up
for revision &c. and being read, Resolved, To concur with the house in
passing the said bill into a law, with this proposal of amendment, viz.
that the word "three " in the title and in the third line of the bill, be
erased, and that the word "two" be inserted in lieu thereof, and that
Mr- White inform the house of the reasons for proposing said amend-
ment.

A bill, passed in the house of Representatives, Entitled "An act in
addition to an act Entitled 'An act for the purpose of founding an Uni-

362 G-overnor and Council — November 1802.

versity at Burlington,' passed the third day of November A. D. 1791,"
was sent up for revision &c. and the same being read, on motion,
Resolved, That the Trustees of said University may be heard, and also
that the Trustees of Middlebury College be heard if it be their pleasure
— and Judge Hitchcock and Amos Marsh Esqr- on the part of the
Trustees of the University at Burlington, and Samuel Miller Esquire on
the part of the Trustees of Middlebury College, were largely heard on
the principles, propriety and expediency of passing said bill. On mo-
tion, Ordered, That the same lie on the table till afternoon.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Present His Excellency Isaac Tichenor Governor, and the Hon1-
Council.

The Council proceeded to take under consideration the petition of
Ebenezer Durfey, Jedediah Durfey, Simon Chase and Samuel Eastman,
praying that a fine of eighty five Dollars with costs, imposed upon them
by the Supreme Court of Judicature, at their session holden at Middle-
bury by adjournment in June now last past, within and for the County
of Addison, for an unlawful resistance of the Sheriff of said County in
the execution of the duties of his office, might be remitted to them.
Whereupon the Council, after hearing the evidence produced by the
petitioners, order and decree, that the sum of sixty five Dollars, part of
said fine, be and hereby is remitted to the said Jedediah, Ebenezer,
Simon and Samuel, and that the State's Attorney of the County of Addi-
son be and he hereby is directed to indorse the same upon the note
given for the payment of said fine.

The Council again took under consideration the bill Entitled "An act
in addition to and in explanation of an act Entitled 'Au act for the pur-
pose of founding an University at Burlington,' passed the 3d- day of
November 1791," when it was, on motion, Resolved, To concur with the
house in passing said bill into a Law.

The following message was received from the house :

'■ In General Assembly Nov. 10, 1802.

The General Assembly have concurred in the amendments proposed
by the Governor and Council to the bill Entitled "An act appointing a
Committee to lay out a road thro' the County of Orleans," and the bill as
amended is passed into a law. Also in the amendments proposed by
the Governor and Council to the bill Entitled "An act establishing the
lines of the towns of Berkshire, Enosburgh, Richford, Montgomery, Jay
and Westfield, and directing the sale of a gore of land between Enos-
burgh and Montgomery, Berkshire and Richford," and the same as
amended is passed into a law.

Attest Jas- Elliot Clerk."

Mr- Jacob Smith returned from the house the bill Entitled "An act in
addition to an act Entitled 'An act regulating the office and duty of
Sheriff' &c. passed March 6th- 1799, and regulating the disposition of
goal houses," with this order thereon :

"In General Assembly Nov. 10, 1802.

Read and concurred with the Governor and Council in passing this
bill with this amendment, erase from the title of the bill the words
"and regulating the disposition of jail houses," and Mr Jacob Smith is
appointed to carry up the same and assign the reasons.

Attest Ja«- Elliot Clerk."

And after stating the reasons, he withdrew— when it was Resolved,
To concur with the house in their said proposal of amendment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act

Governor and Council — November 1802. 363

authorising Samuel Robinson and Polly Morrison, Guardians to the
Minor heirs of Samuel Robinson, late of West-fairlee, in the district of
Bradford, to sell the real estate of said minors," and "An act in addition
to an act Entitled 'An act relating to Goals and Goalers, and for the
relief of persons imprisoned therein,' passed the 9th day of March A. D.
1797," and the said bills being severally read and considered, Resolved,
To concur with the house in passing the same into laws.

Stephen House Esquire, in behalf of Nathaniel Griswold, appeared in
the Council Chamber and stated that he had applied to the Secretary of
State to correct an error in the record of the Charter of Enosburgh.
That in the record of said Charter it appears that Nathan Griswold is an
original Grantee, when, as in the original Charter, it is Nathaniel Gris-
wold. And the Secretary of State having declined correcting said error
without advice from some board: Therefore Resolved, That the Gover-
nor and Council do hereby advise the Secretary, if on examination he
shall find such error, to correct the same by a proper note or certificate
accompanying the record of the original Charter.

On motion of Mr- SafFord, Resolved, That he have leave of absence af-
ter tomorrow morning.

Adjourned to 9 O'clock tomorrow morning.

Thursday, November 11th. 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill passed in the house of Representatives, Entitled "An act laying
duties on licences for selling wines and foreign distilled spiritous liquors
by retail, was sent up for revision &c. and being read and discussed, on
motion Resolved, To concur with the house in passing said bill into a
law, with the following proposal of amendment, viz : That after the word
"aforesaid," in the seventh line of the sixth Section, erase the remainder
of the section and insert the following paragraph : "and any person or
persons who shall sell wines or foreign distilled spirituous liquors, at any
other place than that described in his licence as aforesaid, shall, for
e^ery such offence, forfeit and pay the fine herein after imposed, for re-
tailing without licence." And the I> Governor was requested to inform
the house of the reasons for sd- amendment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence, or proposals of amendment : "An act
in addition to and alteration of an act Entitled 'An act assessing a tax
of one penny per acre on the township of Georgia, and two pence per
acre on the township of S1- Albans, for the purpose of making roads and
building bridges in sd- towns,' passed the eighth day of October A. D.
1796 ;" "An act in addition to an act passed at Newbury in October 1801
granting to Aaron Elliot, his heirs and assigns, the exclusive right of
manufacturing Crawley and Blistered Steel in this State for the space of
ten years from October 1802, on condition that the said Aaron manufac-
ture thirty tons of Crawley and Blistered steel each and every year
thereafter, for the space often years ;" "An act authorizing the Guard-
ian and Guardians of the minor heirs of Solomon Morse, late of Bridport
in the County of Addison, deceased,, to sell the lands of said heirs ;"
"An act directing the Treasurer of this State to credit the Constable of
the town of Pawlet the sum therein mentioned ;" and "An act incor-
porating certain persons therein mentioned by the name of the Hub-
bardton Turnpike Company ;" and the said bills being severally read and
considered. Resolved, To concur with the house in passing them re-
spectively into laws.

864 Governor and Council — November 1802.

His Excellency laid before the Council a bill for their consideration,
Entitled "An act relating to public lands," and the same being read and
considered, Resolved, That said bill do pass, and that it be sent to the
house for their revision and concurrence or proposals of amendment.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act au-
thorizing and empowering the Judges of the County Court in the County
of Rutland to examine into and direct what shall be done with a dam
across Otter Creek, called Osgood's dam, " was sent up for revision &c.
and the same being read. Resolved, To concur with the house in passing
the said bill into a Law, with the following proposals of amendment,
viz. in the fifth line and first Section, after the word k' examination," in-
sert the following words: " after giving due notice to the owner or own-
ers, their agents or attornies"; and after the word " thereafter" in the
eleventh line of the same section, erase the remainder of the section,
and in the ninth line in the second section, after the word " dam," erase
the remainder of the Section. And Mr Galusha was directed to inform
the house of the reasons for proposing the said amendments.

A bill, passed in the house of Representatives, Entitled ktAn act grant-
ing a tax of two cents per acre on the town of Colchester, and that part
of Burlington which lies west of the line between Williston and Bur-
lington, established by the Legislature at their Session at Windsor A.
D. 1797," was sent up for revision &c. and the same being read and con-
sidered, Resolved, To concur with the house in passing said bill into a
Law, with the following proposal of amendment, viz. That the Second
and Third Sections of said bill be erased; and Mr- Galusha was directed
to inform the house of the reasons for proposing the said amendment.

A bill, passed in the house of Representatives, Entitled " An act in
addition to and revival of an act Entitled 'An act laying a tax of two
cents per acre on the town of Swanton, for the purpose therein men-
tioned,' passed Oct. 26th- 1801," was sent up for revision &c. and being
read, Ordered, That the said bill be referred to the Ll Governor and Mr-
Allis to take the same under consideration and report thereon.

A bill, passed in the house of Representatives, Entitled uAn act in
addition to an act Entitled 'An act constituting a Court of Chancery,'
passed the second day of March A. D. 1797," was sent up for revision
&c. and being read was amended, and Resolved, To concur with the
house in passing said bill into a law, and Mr- Galusha was directed to
inform the house of the reasons for said proposed amendments.

The Committee to whom was referred the bill Entitled "An act in ad-
dition to and reviving an act Entitled 'An act laying a tax of two cents
per acre on the town of Swanton, for the purpose therein mentioned,'
passed October 26, 1801," reported, That the bill ought to be amended
by striking out the whole of the second section and inserting in lieu
thereof the following, viz "And it is hereby further enacted, that the
whole of said tax shall be laid out and expended towards erecting and
compleating the bridge which is now begun over Missisquoi River in
said Swanton;" which said report was accepted. Whereupon, Resolved,
To concur with the house in passing the said bill into a law, with the
proposal of amendment contained in the aforesaid report.

A bill, passed in the house of Representatives, Entitled "An act
granting to Zacheus Peaslee, Samuel Hickok, Thaddeus Tuttle, Moses
Catlin, Ebenezer T. Englesby, and their associates, the exclusive privi-
lege of erecting a wharf and store house at Burlington Bay, in the
County of Chittenden, for the term of thirty years," was sent up for
revision &c. and being read and largely discussed, and the said Grantees

Governor and Council — November 1802. 365

and others concerned being fully heard — Resolved, To concur with the
house in passing said bill into a law, with the proposals of amendment
accompanying the same; and Mr Galusha directed to inform the house
of the reasons for proposing the said amendments.

The following resolution was received from the house.

"In General Assembly Nov. 11, 1802.

Resolved, the Governor and Council concurring therein, that the Gen-
eral Assembly meet the Governor and Council, in the Representatives'
room, at ten o'clock tomorrow morning, for the purpose of adjourning
the legislature without day. Extract from the Journals.

Att. J as- Elliot Clerk."

And the same being read, Ordered, That it lie on the table till tomor-
row morning.

The following bills, passed in the house of Repreesntatives, were
sent up for revision and concurrence or proposals of amendment :
" An act in addition to an act granting a tax of two cents on each acre
of land in the town of Somerset, in the County of Windham, passed
at Newbury A. D. 1801;" "An act in addition to an act Entitled lAn
act regulating and governing the Militia of this State,' passed 10th-
March A. D. 1797;" "An act affecting the collection and expenditures of a
land tax in Huntsburgh [Franklin,] granted November 7th- 1792 ;" "An
act in addition to and amendment of an act Entitled 'An act for suspend-
ing prosecutions against Timothy Clement, for the space of five years;1"
"An act in addition to an act Entitled 'An act regulating Marriages and
Divorce,' passed the 28th- day of February A. D. 1797;" "An act author-
izing the Proprietors of Guildhall to ratify and compleat the division of
their lands;" and, "An act to exempt and free the body of William
Goodrich of Vergennes from personal arrests and imprisonment on civil
processes for the space of one full year from and after the rising of this
Assembly;" and the said bills being severally read and considered,
Resolved, To concur with the house in passing them respectively into
laws.

The following written messages were received from the house :

" In General Assembly Nov. 11, 1802.

The General Assembly have concurred in passing the bill sent down
from the Governor and Council entitled "An act relating to public
lands." Attest J as- Elliot Clerk."

" In General Assembly Nov. 11, 1802.

The General Assembly have concurred in the amendments proposed
hy the Governor and Council to the following bills, A bill Entitled "An
act in addition to and in alteration of an act Entitled 'An act ascertain-
ing the principles on which the list of this State shall be made, and di-
recting Listers in their office and duty;' " and A bill Entitled "An act
laying a tax of three cents per acre on the town of Milton."

Attest Jas Elliot, Clerk."

Adjourned to 9 O'clock A. M. Tomorrow.

Friday, November 12 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr Olin, member of the house of Representatives, appeared in the
Council Chamber and informed the Council that he was directed by the
house to wait on them and learn at what hour they would be ready to meet
the house for the purpose of adjourning the legislature without day.

Mr- Emmons returned the bill Entitled "An act to establish for the
time being the jurisdictional lines of the towns therein mentioned,"
with this order of the house thereon:

366 Governor and Council — November 1802.

" In General Assembly Nov. 12, 1802.

Read and nonconcured on the first amendment, and Mr- Emmons is
appointed to carry up said bill and assign the reasons, and concurred in
the other amendments. Attest Jas- Elliot Clerk."

And after assigning the reasons he withdrew, and it [was] Resolved,
To rescind from the said amendment nonconcurred by the house, and
to concur in passing said bill into a law.

The resolution relative to the time of the adjournment of the legisla-
ture was again read, when it was Resolved, To concur in the same with
this amendment, That the two houses meet at one O'clock for the
purpose expressed in said resolution.

A bill, passed in the house of Representatives, Entitled "An act in
addition to an act Entitled "an act authorising and empowering the
proprietors and landowners of Williston to confirm and complete the
division or pitches of their lands,' passed Nov. 4, 1799," was sent up for
revision &c. and being read, Resolved, To nonconcur with the house in
passing the said bill into a law, and Mr- Chamberlain was requested to
assign the reasons for the same.

Mr- Harrington returned the bill Entitled "an act granting to Zacheus
Peaslee and others the exclusive right of erecting a wharf and store
house at Burlington bay &c." with this order thereon:

"In General Assembly Nov. 12, 1802.

The General Assembly have concurred in the first amendment pro-
posed by the Governor and Council to the bill Entitled "An act granting
to Zacheus Peaslee and others the exclusive right of erecting a wharf
and Store house at Burlington bay" &c. and have nonconcurred in the
second amendment, and Mr- W. C. Harrington is appointed to carry up
said bill and assign the reasons for nonconcurrence &c.

Attest Jas Elliot, Clerk."

And the said bill and order of the house being read, Resolved, To
rescind from the amendment nonconcurred by the house and to concur
in passing said bill with this further proposal of amendment, viz. That
in the fifteenth line, after the word "house," erase the word "thirty" and
insert the word "twenty five," and Mr- White was desired to carry said
bill to the house and assign the reasons for the said last proposed
amendment.

A bill, passed in the house of Representatives, Entitled "An act
making appropriations for the support of Government for the present
Session and from thence to the Session of the General Assembly in
October 1803, and for other purposes," was sent up for revision &c. and
being read, Resolved to concur with the house in passing the said bill
into a law, with this proposal of amendment, viz. That the name of " Rich-
ard Whitney, Secretary of Council," be inserted after the word "Thomas
Tolman," and the sum of five Dollars be added to the amount of monies
mentioned in said bill, and M> Chamberlain desired to carry said bill to
the house and assign the reasons for said amendment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
appointing a Committee to lay out and survey a public road from Berk-
shire to Brandon, for a direct communication from the north to the
south part of this State;" "An act directing the Secretary of State to
cause to be published in certain newspapers the act therein mentioned;"
" An act in addition to and in alteration of an act Entitled ' an act reg-
ulating fees,' passed Oct. 27th 1798;" and " An an act in alteration of and
to amend an act Entitled 4 An act relating to Goals and Goalers, and for
the relief of persons imprisoned therein,' passed March 9th A. D. 1797;"

G-overnor and Council — November 1802. 367

and the said bills being severally read and considered, Resolved, To con-
cur with the house in passing said bills into laws.

Resolved, That the Governor be and he hereby is directed to issue his
proclamation for a day of fasting and prayer throughout this State on
the second Wednesday of April next.

The three following written messages were receivd- from the house:

" In General Assembly Nov. 11, 1802.

The General Assembly have concurred in the amendments proposed
by the Governor and Council to the bill Entitled "An act authorizing
and empowering the Judges of Rutland County Court to examine into
and direct what shall be done with a dam erected across Otter Creek,
called Osgood's Dam." Also, in the amendments by them proposed to
the bill Entitled "An act granting a tax of two cents on each acre of
land in the town of Colchester, and that part of Burlington which lies
west of a line between Williston and Burlington," &c. Also, in the
amendment by them proposed to the bill Entitled "An act empowering
the Administrators of Thomas Davison to sell the land therein men-
tioned." Also, in the amendments by them proposed to the bill Entitled
"An act laying duties on licenses," &c.

Attest Jas Elliot Clerk."

" In General Assembly Nov. 12, 1802.

The General Assembly have concurred in the amendments proposed
by the Governor and Council to the bill Entitled "An act in addition
to an act constituting a Court of Chancery."

Attest Jas- Elliot Clerk."

" In General Assembly Nov. 12, 1802.

The General Assembly have concurred in the amendments last pro-
posed by the Governor and Council to the bill Entitled "An act granting
to Zacheus Peaslee, Samuel Hickok &c. and their Associates, the exclu-
sive right of erecting a wharf at Burlington Bay," &c. And the said
bill is become a law. Attest Jas- Elliot, Clerk."

Mr- Chipman, member of the house, appeared in the Council Chamber
and informed the Council that the General Assembly having no business
before them are now ready to adjourn.

The Governor and Council accordingly repaired to the Representa-
tives' room, and after an appropriate prayer by the Chaplain, both
branches of the Legislature were adjourned without day, and public
proclamation thereof made by Sheriff Sawyer.

A true Journal. Attest [Richard Whitney,] Secretary.

TWENTY-SEVENTH COUNCIL,

OCTOBER 1803 TO OCTOBER 1804.

Isaac Tichenor, Bennington, Governor.
Paul Brigham, Norwich, Lieut. Governor.
Councillors:

Samuel Safford, Bennington,
Nathaniel Niles, West Fairlee,
Jonas Galusha, Shaftsbury,
John White, Georgia,
Beriah Loomis, Thetford,
Noah Chittenden, Jericho,

Richard Whitney, Guilford, Secretary.

Samuel Fletcher, Townshend, Sheriff.

Eliakim Spooner, Westminster,
James Witherell, Fairhaven,
Asaph Fletcher, Cavendish,
Elias Keyes, Stockbridge,
Samuel Shepardson, Guilford,
Ebenezer Wheelock, Whiting.

BIOGRAPHICAL NOTICES.

Elias Keyes, born in Ashford, Conn., was one of the first settlers of
Stockbridge in 1784 or 1785, which town he represented in the General
Assembly 1793 until 1797, 1798 until 1803, 1818. 1820, and 1823 until
1826; and in the Constitutional Convention of 1814. He was Councillor
from 1803 until 1818, with the exception of 1814; and Member of Con-
gress 1821 to 1823. He was also Assistant Judge of Windsor County
Court 1806 until 1814, and Chief Judge 1815 until 1817. Otherwise he
was not always fortunate in the law, the editor remembering his presen-
tation of a petition to the Assembly, as a member, in this form: "for the
relief of Elias Keyes, which Elias 1 am."— Lanman's Dictionary of Con-
gress; Thompson's Vermont; Deming's Catalogue.

Doct. Asaph Fletcher was a descendant, in the fifth generation,
from Robert Fletcher, who was of English or Welsh stock, and settled
at Concord, Mass., in 1630. Doct. Fletcher was born in Westford, Mass.,
June 28 1746, where he resided until Feb. 1787, when he removed to
Cavendish, Vt. He held several public offices in Massachusetts, and

Biographical Notices. 369

after his settlement in Vermont he was elected representative as soon
as he was eligible, in 1789, and re-elected in 1790, '92, and 1820. He was
also a delegate in the Constitutional Conventions of 1791 and 1793; an
Elector of President and Vice President in 1816; Assistant Judge of
Windsor County Court 1801 until 1805; and Councillor 1803 until 1808.
In 1768 he united with the Baptist church in Leicester, Mass., and until
his death was an active and devoted Christian — a period of more than
seventy years. Among his sons were Gen. Asaph Fletcher jr., who was
Sheriff of Windsor County 1820 until 1830; Hon. Kichard Fletcher of
Boston, Member of Congress 1837-39, and Judge of the Supreme Court
of Massachusetts 1848-1853; Doct. Alpheus Fletcher of Cavendish;
Rev. Horace Fletcher of Townshend; and Ryland Fletcher of Cavendish,
who was Lieut. Governor of Vermont 1854-56, and Governor 1856-58. —
Fletcher Genealogy; Deming's Catalogue; and Vt. Legislative Directory.

Samuel Shepardson is named in B. H. Hall's Eastern Vermont, p.
516, as the guide of the Vermont troops who in 1784, under the com-
mand of Stephen R. Bradley, suppressed the disorder in Guilford and
vicinity. He was Councillor from 1803 until 1808, and seems to have
held no other offices except Register of Probate in 1806, and Elector of
President and Vice President in 1808. — Deming's Catalogue; and Vt.
Legislative Directory.

Ebenezer Wheelock was one of the early settlers of Whiting, and
he represented that town 1790 until 1794, '95, '96, 1802, and 1817 until
1821. He was Councillor 1803 until 1808; and delegate in the Constitu-
tional Convention of 1793.— Deming's Catalogue.

24

370 Governor and Council — October 1803.

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT WESTMINSTER,

OCT. 1803.

State of Vermont, ss.

A Journal of the proceedings of the Governor and Council of the
State of Vermont, at their Session begun and held at Westminster,
Within and for said State, on the thirteenth day of October, being the
second Thursday of said Month in the year of our Lord one thousand
eight hundred and three, and of the Independence of the United States
the thirteenth [twenty-eighth,] pursuant to the Constitution and resolves
of said State. Present, His Excellency Isaac Tichenor, Esquire, Gover-
nor, His Honor Paul Brigham Esquire L* Governor, of the Council The
honorable Elisha Allis, Noah Chittenden, Jonas Galusha, Beriah Loomis,
Solomon Miller, Eliakim Spooner, Samuel Saffbrd, John White and
James Witherell Esquires. Samuel Fletcher Esqr- Sheriff of Windham
County. Richard Whitney Secretary.

On motion, Resolved, That a Committee consisting of five members
be appointed jointly with such Committee as may be chosen by the
house of Representatives, to receive, sort and count the votes for Gov-
ernor, U Governor, Treasurer and Councillors for the year ensuing.
Members chosen — Mr- Galusha, Mr- Witherell, Mr White, Mr- Loomis
and Mr- Chittenden.

Mr- Marsh, Member of the house of Representatives, apeared in the
Council chamber, and delivered the following message: "May it please
your Excellency and Gentlemen of the Council, The house of Repre-
sentatives are organized, and are now ready to co-operate in any busi-
ness connected with the duties or dignities of government." His
Excellency then acquainted Mr Marsh that agreeably to the Constitution
and laws, the Council has, on their part, appointed a Committee, that
such Committee was duly qualified, and ready to meet a Committee on
the part of the house of Representatives— And Mr Marsh withdrew.

Adjourned to 4 O'clock P. M.

4 O'clock P. M.

Mr Morris, member of the house of Representatives,, appeared in
Council and delivered this message: "May it please your Excellency,
The Committee appointed to receive, sort and count the votes for Gov-
ernor, L*- Governor, Treasurer and Councillors for the year ensuing, are
now prepared to make their report, and therefore request your Excel-
lency and the hon'ble Council, as soon as may be, to meet the Repre-
sentatives in their own room, for the purpose of receiving such report,"
and he withdrew.

The Governor and Council then repaired to the Representatives' room,
and having taken their seats, the following report was handed in by Mr-
Galusha, Chairman of said Committee.

"To the hon'ble General Assembly now sitting, Your Committee ap-
pointed to receive, sort and count the votes for Governor, L* Governor,

Governor and Council —October 1803. 371

Treasurer and Councillors, having attended to that service, beg leave to
report, That his Excellency Isaac Tichenor has a majority of all the
votes and, is duly elected Governor, That his Honor Paul Brigham is
elected L4 Governor, That Benjamin Swan is elected Treasurer, and
That Jonas Galusha, Samuel Safford, Beriah Loomis, Noah Chittenden,
John White, James Witherell, Eliakim Spooner, Nathaniel Niles, Asaph
Fletcher, Ebenezer Wheelock, Samuel Shepardson and Elias Keyes are
elected Councillors. Jonas Galusha Chairman.

Westminster, 13th- October 1303."

The aforesaid report being read, Samuel Fletcher Esquire, Sheriff of
the County of Windham, declared said officers duly elected to the re-
spective offices affixed to their names, by the suffrages of the Freemen.

The Governor and Council then returned to their Chamber and ad-
journed untill 9 O'clock Tomorrow morning.1

Friday, October 14th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

Ordered, That the Secretary issue letters of notice to the new mem-
bers of Council.

Mr- Marsh, member of the house of Representatives, appeared and de-
livered the following message, viz.

" May it please your Excellency, The house of Representatives have
this morning made choice of a Speaker, Clerk and other necessary offi-
cers, and are ready to proceed to the business of the session," and he
withdrew.

Ordered, That the Secretary do immediately acquaint the house of
Representatives that a Quorum of the new Council have met, are quali-
fied and ready to proceed to the business of the Session.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Governor, accompanied by the Council, proceeded to the house
of Representatives, and having signified his acceptance of the office of
Governor for the year ensuing, the necessary oaths were administered
to him by the Chief Justice, and then his Excellency delivered the fol-
lowing speech to both branches of the Legislature. — [For speech see
Appendix J.]

The Governor and Council then returned to their Chamber and ad-
journed untill 9 O'clock tomorrow morning.

Saturday, October 15th- 1803, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following resolution was received from the house:

" In General Assembly Oct. 14, 1803.
Resolved, that the Governor and Council be requested to join the
General Assembly in grand Committee, at the opening of the house to-

*In announcing the list of Councillors elect, Spooner's Vermont Jour-
nal of Oct. 18 1803 said:

All [Jeffersonian] Republicans. The lowest Republican candidate
had a majority of 500 over the highest Federal.

The Vermont Gazette, commenting on the election of Governor,
charged the re-election of Gov. Tichenor to the then Jeffersonian coun-
ties of Rutland and Bennington, which gave Gov. Tichenor a majority of
223.— See Spooner 's Vt. Journal of 'Oct. 25 1803. This statement is
good testimony to the popularity of Gov. Tichenor.

372 Governor and Council — October 1803.

morrow morning, for the purpose of agreeing on the time when the sev-
eral County conventions shall meet to make County nominations. Ex-
tract from the Journals. Attest A. Haswell* CZerfc."

And the same being read, Kesolved, To nonconcur with the house there-
in, and that the following resolution be sent to the house as a substitute for
the foregoing, by the Secretary: Resolved, The house of Representatives
concurring therein, that the members of both houses meet in County
Conventions at three o'clock P. M. on Tuesday next for the purpose of
making County nominations for County officers, and that both houses
convene in joint Committee on Wednesday next, at ten o'clock in the
forenoon, in the Representatives' room, for the purpose of receiving such
nominations and making the appointments of such officers.

The following resolution was received from the house:

" In General Assembly Oct. 14, 1803.

Resolved, that a Committee of three be appointed, to join a Commit-
tee from Council, to take into consideration the state of the Militia, state
facts and make report. Members chosen — Mr Morris, Mr- D. Sheldon
and Mr- S. Porter. Extract from the Journals.

Att. A. Haswell, Clerk."

And the same being read, Ordered, That the I> Governor do join the
aforesaid Committee.

The following resolution was received from the house:

" In General Assembly Oct. 14, 1803.

Resolved, That a Committee consisting of one member from each
county in this State, to join such Committee as the Governor and Coun-
cil may appoint, be appointed, to examine and report what measures are
necessary to be taken to make provision for punishing by hard labor
those who shall be convicted of crimes not capital. Members chosen —
Mess8- Shumway, Wheeler, Speaker [Theophilus Harrington,] Leland,
Painter, E. Hammond, Isham, S. Chamberlin, Janes, Hinman &
Weatherbee. Extract from the Journals.

Att. A. Haswell, Clerk."

And the same being read, Ordered, That Mr- Niles and Mr- Galusha do
join the aforesaid Committee.

Mr Niles introduced the following resolution: Resolved, That the
Governor be and lie hereby is requested to inform the President of the
United States that the second section of the law of the United States,
passed March 3d- 1795, Entitled " An act for the more general promul-
gation of the laws of the United States," has not been carried into effect
for the year last past, and request that the said laws may be duly trans-
mitted—which was read and Ordered, That it lie on the table.

The following resolution was received from the house:

" In General Assembly Oct. 15, 1803.

Resolved that a Committee of seven, to join a Committee from Coun-
cil, be appointed to examine the 5th- Section of an act entitled " An act
for the punishment of certain capital and other high crimes and misde-
meanors," and report such alterations and amendments as they shall
think proper. Members chosen — Mess3- A. Marsh, Olin, Ives, Whitney,
Isham, Pomeroy & E. Allen. Extract from the Journals.

Attest A. Haswell, Clerk."

And the same being read, Ordered, That Mr- White do join the afore-
said Committee.

The following resolution was received from the house:

" In General Assembly Oct. 15, 1803.

Resolved, That a Committee of seven members, to join such Com-
mittee as the Governor and Council may appoint, be appointed to
examine an act Entitled "An act directing the mode of taking the for-

Governor and Council — October 1803. 373

feiture of Charters," and report what additions, alterations, or amend-
ments ought to be made to said act. Members chosen — Mess8- A. Marsh,
Speaker, Shumway, Kobinson of Bennington, Stanley, Jas8- Fisk &
Shaw. Extract from the Journals.

Attest A. Haswell CZerfc."

And the said resolution being read, Ordered, That Mr Loomis do join
the aforesaid Committee.

The following resolution was received from the house :

" In General Assembly Oct. 15 1803.

Resolved, That a Committee consisting of one member from each
County be appointed to join such Committee as the Governor and Coun-
cil may appoint, to be denominated the First land tax Committee, who
are hereby directed to report to this house the number and amount of
all the taxes on lands on which a tax may be prayed, and report their
opinion thereon. Members chosen — Mess8- D. Sheldon, Roberts, Sar-
geant, Emmons, T. Porter, Ketchell, I. Taylor, Tuttle, Armington,
DeForrest & Beeman. Extract from the Journal.

Attest A. Haswell Clerk."

And the said resolution being read, Ordered, That Mr- Chittenden do
join the aforesaid Committee.

Adjourned to 9 O'clock Monday morning.

Monday, October 17th- 1803, 9 O'clock A. M.

The following resolution was received from the house :

" In General Assembly Oct. 17, 1803.

Resolved, That the Governor and Council be requested to join the
General Assembly in Grand Committee, at the opening of the house
in the afternoon, for the purpose of choosing Judges of the Supreme
Court.

And being read, it was Resolved, To concur with the house therein.

Adjourned to 2 O'clock P. M. ,

2 O'clock P. M.

Agreeably to the concurrent resolution of both houses, the Governor
and Council repaired to the Representatives' room and met the house in
joint Committee for the purpose of electing Judges of the Supreme
Court — when the following resolution was adopted: Resolved, That
whenever the two houses meet in joint Committee, the Governor, and
in his absence the I> Governor, shall be Chairman of the joint Com-
mittee, and that the Secretary of State, or in his absence the Secretary
of the Governor and Council shall be Clerk to said Committee. The
joint Committee then proceeded to elect the Judges of the supreme
Court, and the ballots being taken and examined it appeared That the
hon'ble Jonathan Robinson Esqr- was elected Chief Judge, and the
hon'ble Royall Tyler and Theophilus Harrington, Esquires, Side or As-
sistant Judges. The joint Committee was then dissolved, and the Gov-
ernor and Council returned to their Chamber.

The following resolution was received from the house:

" In General Assembly Oct. 17, 1803.

Resolved that a Committee of three be appointed from this house to
take into consideration the act directing the listers in their office and
duty, and report by bill or otherwise what alterations, if any, are neces-
sary in said bill [act]. Committee appointed, Mess8- S. Porter, Crutten-
den and Douglass to join Committee from Council. Extract from the
Journals. Attest A. Haswell Clerk."

And the same being read, Ordered, That Mr- Safford do join the afore-
said Committee.

374 Governor and Council — October 1803.

A report made by a Committee of the last session, relating to Glebe
rights, was received from the house of Representatives with this order
thereon:

" In General Assembly Oct. 17, 1803.

Read and referred to a Committee of five, to join a Committee of
Council. Members chosen — Mess8- Morris, A. Marsh, Hay, Baker and
Crafts. Attest A. Has well Clerk."

And the same being read, Ordered, That Mr- Galusha and Mr Niles do
join the aforesaid Committee.

A petition from Joseph Kneeland was received from the house with
this order thereon:

" In General Assembly Oct. 17, 1803.

Read and referred to Mess8- Spencer, Janes, Olin, S. Shaw and B. Em-
mons, to join a Committee from Council.

Attest A. Haswell, Clerk."

And the said petition being read, with the order thereon, Ordered,
That Mr- Spooner do join the aforesaid Committee.

Adjourned untill 9 O'clock tomorrow morning.

Tuesday, October 18th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Hon'ble Asaph Fletcher, Samuel Shepardson and Elias Keyes
Esquires, appeared in the Council Chamber, and after taking the oaths
prescribed by the Constitution and laws, were admitted to their seats at
the Council board.

A bill passed in the house of Representatives, Entitled " An act em-
powering the Executors of Peleg Sanford, late of Newhaven, deceased,
to sell certain lands," was sent up for revision and concurrence or pro-
posals of amendment, and the same being read, Resolved, To concur
with the house in passing the said bill into a law.

A petition from the Proprietors of Bromley [Peru,] relating to the
boundary line of said town, was received from the house, with this order
thereon:

" In General Assembly Oct. 17, 1803.

Read and referred to Mess8- B. Sheldon, Isham and T. Miller, to join with
Council. Att. A. Haswell, Clerk."

And the same being read, Ordered, That Mr- Safford do join the afore-
said Committee.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

On the Suggestion of his Excellency, Resolved, The house of Repre-
sentatives concurring therein, that the Governor and Council meet the
house of Representatives, in the Representatives' room, in joint Com-
mittee, at 2 O'clock P. M., on Thursday next, for the purpose'of electing
a Brigadier General in the second Brigade in the second Division of the
Militia of this State.

The Council adjourned untill 9 O'clock tomorrow morning.

Wednesday, October 19th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The above resolution relative to the choice of a Brigadier General
was returned from the house concurred.

Pursuant to the concurrent resolution of both houses, the Governor
and Council repaired to the Representatives' room and met the house in

Governor and Council — October 1803. 375

joint Committee for the purpose of electing the County officers, and
having progressed therein, the joint Committee adjourned untill Tues-
day next at two o'clock P. M. and the Governor and Council returned
to their Chamber and adjourned to 2 O'clock P. M.

2 O'clock P. M.
A bill Entitled "An act concerning Apprentices and servants " was
received from the house with this order thereon:

" In General Assembly Oct. 19, 1803.
Head and referred to a Committee of three to join with Council.
Members [chosen] — Mess8- J. Fisk, A. Marsh & Galusha.

Att. A. Haswell Clerk."

And the same being read, Ordered, That Mr- Spooner do join the
aforesaid Committee.

A petition from the Inhabitants of the town of Bridgewater, praying
for the confirmation of Josiah Dunham as a Collector of a certain land
tax the same as tho' he were an Inhabitant? of said town at the time of
his Election, was recd- from the house with this order thereon:

"In Genera] Assembly Oct. 18, 1803.
Read and committed to Mess8- Leland, B. Emmons & Goodrich to join.

Attest A. Haswell Clerk."

And the same being read, Ordered, That Mr- Galusha join the aforesa-
Committee.
Adjourned to 9 O'clock Tomorrow morning.

Thursday, Ooctober 20th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

A Petition from Asa Utley and David Carpenter was received from
the house with this order thereon:

"In General Assembly Oct. 18, 1803.

Read and referred to the Committee on the petition from Landgrove.

Attest A. Haswell Clerk."

And the same being read, Resolved, To concur in the said reference.

A Petition from the Proprietors of the town of Thetford, praying for
certain regulations and provisions relating to said town, was received
from the house, with this order thereon:

"In General Assembly Oct. 18, 1803.

Read and referred to A. Marsh, Hay, Wheelock, Crafts & Olin to join.

Att. A. Haswell Clerk"

And the same being read, Ordered, That Mr- Chittenden do join the
aforesaid Committee.

Jonathan Robinson Esquire, Chief Judge of the Supreme Court of
Judicature, appeared in the Council Chamber and took the oaths pre-
scribed by the Constitution & Laws before the Governor.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

The following resolution was received from the house:

Resolved, That a Committee consisting of a member from each County,
be appointed to join Committee from Council to take into consideration
the expediency of establishing a permanent seat for the legislature, and
report by bill or otherwise. Members chosen— Mess8- S. Porter, S.
Shaw, W. Perry, A. Marsh, T. Porter, Hay, Blanchard, Holmes, Crafts,
Dana and Soln- Wright. Att. A. Haswell Clerk."

And the same being read. Ordered, Thai Mess8- Chittenden, Witherell,
Spooner and the L4- Governor do join the aforesaid Committee.

Pursuant to the concurrent resolution of both houses, the Governor

376 Governor and Council — October 1803.

and Council repaired to the Representatives' room and met the house in
joint Committee for the purpose of electing a Brigadier General in the
Second Brigade and second Division of the Militia of this State, when
Amos Kellogg Esq1"- was duly elected, and the joint Committee was dis-
solved and the Governor and Council returned to their Chamber and
adjourned untill 9 O'clock tomorrow morning.

Friday, October 21st 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

A petition from George Whitney, stating his conviction of the crime
of Manslaughter, in the death of George Gordon, and praying that a fine
of four hundred Dollars, payable to the treasury of this State, and costs
amounting to about forty dollars, inflicted on him by sentence of the su-
preme Court of Judicature, might be relinquished, was read, and the
powers and extent of the Constitutional ground amply investigated.1
Ordered, That the same do lie on the table for farther investigation.

The Petition of Lemuel Dickerman for a new trial in the case of the
said Dickerman vs. Jonathan Hale, was received from the house, with
this order thereon:

" In General Assembly Oct. 18th- 1803.

Read and referred to Mess8- Pomroy, Janes & Crafts to join.

Att, A. Haswell, Clerk:1

And the same being read, Ordered, That Mr- Keyes do join the afore-
said Committee.

A Petition from the Inhabitants of Bromley [Peru,] praying to be an-
nexed to the town of Dorset, was received from the house with this order
thereon:

" In General Assembly Oct. 20th- 1803.

Read and referred to a Committee of three, viz. A. Robinson, Tarbox
and A. Chamberlin to join &c. Attest A. Haswell CZerfc."

And the same being read, Ordered, That Mr- Safford do join the afore-
said Committee.

A petition from sundry Inhabitants of Rupert, Dorset and Bromley
[Peru,] praying to be incorporated into a new Town by the name of
Lebanon, with all the privileges and immunities of other towns, and A
petition from the proprietors and land-owners of the town of Landgrove.
and the tract or gore of land called Benton's Gore, praying that a cer-
tain division line may be ascertained and permanently established be-
tween said Landgrove and Benton's GOre and the towns of Harwich
[Mount Tabor] and Bromley [Peru,] were received from the house with
an order on the same, similar to the one on the foregoing petition from
Bromley, in which the Council concurred.

A bill, passed in the house of Representatives, Entitled " An act in
addition to and in alteration of an act Entitled ' An act for the punish-
ment of Capital and other high crimes and misdemeanors,' " was sent up
for revision &c. and being read, Ordered, That the same be referred to
Mr Witherell, Mr- White & Mr- Wheelock.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Council resumed the consideration of the petition of George
Whitney, and after hearing the evidence on the part of the prisoner and
maturely considering the same, do order and decree, that so much of

1 As to the power of the Governor and Council to pardon and remit
fines.

Governor and Council — October 1803. 377

his said petition as relates to the fine therein mentioned be granted:
and that the fine of Four hundred dollars imposed upon him by the
Supreme Court, be remitted.

The report of a Committee appointed to examine into the Locks and
Canal at Bellows Falls, was received from the house with this order
thereon :

" In General Assembly Oct. 21, 1803.

Bead and referred to a Committee of three, viz. Mess8- Olin, Chitten-
den and Butler to join with Council.

Att. A. Has well Clerk."

And the same being read, Ordered, That Mr Fletcher and Mr- Keyes
do join the aforesaid Committee.

On motion, M> Shepardson obtained leave to bring in a bill Entitled
"An act establishing the Flag of the Militia of this State," and the same
being read, Ordered, That it lie on the table.

Adiourned untill 9 O'clock tomorrow morning.

Saturday, October 22d- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

A Petition from the Inhabitants and Landowners of the town of
Enosburgh, praying that a road therein described might be discon-
tinued, or that a new Committee may be appointed to examine into the
premises, was received from the house with this order thereon:

"In General Assembly Oct.. 17, 1803.

Read and referred to Mess8- Paine, Luce, T. H. Parker; Jewett and
Brown to join. Attest A. Haswell Clerk."

And the same being read, Ordered, That Mr- White do join the afore-
said Committee.

A Petition from Samuel B. Sheldon and others, praying that a tax of
one cent per acre be assessed on the towns of S1- Albans, Swanton and
Fairfield, two cents on Sheldon, three cents on Enosburgh, two ditto on
Berkshire, and three cents on liichford, was sent up from the house,
with this order thereon:

"In General Assembly Oct. 20, 1803.

Read and referred to the Committee on the petition from Enosburgh
to join. Attest A. Haswell Clerk."

And the same being read, Resolved, To concur with the house in the
said reference.

On motion of Mr- Niles, Whereas, it is represented to this Council by
his Excellency the Governor, that the laws of the United States have
not been transmitted to him by the Secretary of said States, agreeably
to a law of the same, passed March 3rd- 1795, Entitled "An act for the
more general promulgation of the laws of the United States," There-
fore Resolved, That the Governor be and he hereby is requested to
inform the President of the United States of the inexecution of said
law as it respects this State, and to request him to order the same into
effect.

The following resolution was received from the house by Mr- A.
Marsh :

Whereas dissensions of the most serious nature have allready arose,
and incalculable evils may farther arise, from the mode pointed out in
the second article of the Constitution of the United States for choosing
a President and Vice President of the United States: Therefore, Re-
solved, as the sense of this legislature, That it is highly important that
an alteration should take place in the above section of the Constitution

378 Governor and Council — October 1803.

of the United States, by which the future Electors of President and
Vice President shall be directed particularly to designate the persons
voted for, by declaring which is voted for as President, and which as
Vice President.

"And, in pursuance of an inherent right of this Legislature, be it
further Resolved, That the Senators of this State in the Senate of the
United States are hereby instructed, and the Representatives of the
people of this State in the Congress of the United States are hereby
earnestly requested, to use their best exertions in obtaining the above
alteration in the Congress [Constitution] of the United States, or some
other amendment which shall be substantially equivalent.

" In General Assembly Oct. 22, 1803.

Read and passed and ordered to be sent to the Governor and Council
by a member for their revision &c.

Attest A. Haswell Clerk,"

And the said resolutions being read and considered, Ordered, That
the same be referred to Mr- Niles and Mr Galusha to report their opinion
thereon.

The Council adjourned untill 9 O'clock Monday morning.

Monday October 24th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

On motion of Mr- Niles and Mr- Galusha, Resolved, That the Com-
mittee appointed on the Resolutions of the house of Representatives,
relating to the Electors of President and Vice President of the United
States, be discharged from any further consideration of the same. The
said Resolutions being again read and considered, Resolved, To non-
concur in passing the same, and Mr Witherell was appointed to carry
them to the house and acquaint that body witli the reasons for said non-
concurrence, and that the following resolution be proposed to the house
in lieu of the one which originated in that body:

Whereas inconveniences of a serious nature have already been expe-
rienced, and greater evils may, in future, arise, from the mode pointed
out in the first section of the second article of the Constitution of the
United States, for electing the President and Vice President of the
same: Therefore, Resolved, The house of Representatives concurring
therein, that the Senators and Representatives from this State in
the Congress of the United States be and hereby are earnestly re-
quested to use their best endeavors to procure such an amendment in
the Constitution of the United States as shall provide for an effectual
discrimination between the votes hereafter to be given for President of
the United States and those to be given for Vice President.

Resolved, further, That a transcript of the foregoing resolution be
transmitted to each of our Senators and Representatives in Congress by
his Excellency the Governor.

Adjourned to 2 O'clock P. M.

2 0:clock P. M.

Mr- Spencer returned from the house the resolutions adopted in Coun-
cil this forenoon, relating to Electors of President & Vice President
of the United States, nonconcurred by the house. Mr- Spencer also re-
turned the resolutions of the house on the same subject, which had been
nonconcurred by the Governor and Council, and informed the Governor
and Council that the house had resolved not to rescind from passing the
said resolutions, but insisted upon passing the same, and after assigning
the reasons of the house therefor, he withdrew. And the said resolutions
being again read and considered, Resolved, To concur with the house in

G-overnor and Council — October 1803. 379

passing the same with these proposals of amendment, viz. That after the
word " whereas," in the first line, erase the word " dissensions " and in-
sert the word " inconveniences," and in the 13th- line, after the word
" and," erase to the words "to be," in the 14th line, and add the following
clause: "Resolved, further, that copies of the foregoing resolutions be
transmitted to each of [our] Senators and Members in Congress, by his
Excellency the Governor,"— and Mr- Witherell was appointed to carry
down said resolutions and assign to the house the reasons for said
amendmeuts.

A bill, passed in the house of Representatives, Entitled "An act in
addition to and in alteration of an act Entitled 'An act laying a tax of
two cents per acre on the township of M> Holley,' " was sent up for re-
vision &c. and being read, Ordered. That it be referred to Mr- Spooner.

A bill, passed in the house of Representatives, Entitled " An act in
addition to and alteration of an act Entitled 'An act for the punishment
of certain capital and other high crimes and misdemeanors,'" was sent
up for revision &c. and being read, Resolved, To concur with the house
in passing the same into a law, with the proposals of amendment accom-
panying the same, and Mr- Galusha was appointed to assign to the house
the reasons for said amendments.

The bill, Entitled "An act establishing the Flag of the Militia of this
State," was again read, passed and ordered to be engrossed and sent to
the house for their revision &c.

Adjourned untill 9 O'clock tomorrow morning.

Tuesday, October 25th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled "An act as-
sessing a tax of three cents per acre on Londonderry and Aiken's Gore,
so called," wTas sent up for revision &c. and being read, Resolved, To
concur with the house in passing the same with this proposal of amend-
ment, in the 9th line erase the name of " Nehemiah Howe " and insert
the name of " Samuel Thompson."

The bill Entitled " An act in addition to and in alteration of an act
Entitled ' an act laying a tax of two cents per acre on the township of
Mountholley,'" was again read, and Resolved. To concur with the house
in passing the same into a law, with the proposal of amendment accom-
panying the same, and Mr Shepardson appointed to carry the same to
the house & inform them of the reasons of said amendments.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Pursuant to adjournment the Governor and Council proceeded to the
Representatives' room and met the house in joint Committee for the
purpose of compleating the Election of County officers for the year en-
suing, and having made progress therein, adjourned untill Thursday
next 9 O'clock A. M. and the Governor and Council returned to their
Chamber.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, " An act
laying a tax of three cents per acre on Lincoln and of one cent per acre
on Avery's Gore in the County of Addison," " An act laying a tax of
three cents per acre on the town of Elmore," and " An act laying a tax
of three cents per acre on the town of Morristown," and the saTd bills
being severally read and considered, Resolved, To concur with the house
in passing them respectively into laws.

Adiourned to 9 O'clock Tomorrow morninsf.

380 Governor and Council — October 1803.

Wednesday, October 26th' 1803, 9 O'clock A. M.

A bill, passed in the house of Representatives, Entitled "An act di-
recting the Treasurer to cancel and deliver to Stephen Jacob a certain
security," and a bill, Entitled " An act for the relief of Jonathan Arm-
strong," were sent up for revision &c. and being read, Ordered, That
they be referred to Mr Niles and Mr Witherell.

A bill, passed in the house of Representatives, Entitled " An act sus-
pending suits against Charles Ellis for the term of five years," was sent
up for revision &c. & being read, Ordered, That it be referred to Mr-
Keyes and Mr- Loomis.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: u An act
altering the name of the town of Missisquoi;" "An act laying a tax of
three cents per acre on the (own of Salem;" " An act laying a tax of two
cents per acre on the town of Oaftsbury;" " An act laying a tax of four
cents per acre on the North District in the town of Wardsboro';" and
" An act laying a tax of six cents cents per acre on the town of S4-
George," and the said bills being severally read and considered, Resolved,
To concur with the house in passing them respectively into laws.

A bill, passed in the house of Representatives, Entitled " An act in
addition to an act assessing a tax of one cent per acre on the town of
Middlesex, in the County of Chittenden, passed Nov. 3, 1802," was sent
up for revision &c. & being read, Ordered, That it be referred to Mr
Niles and Mr- Chittenden.

Adjourned to 2 O'clock P. M.

2 O'clock P, M.

Mr- Witherell, from the Committee appointed on the bill Entitled "An
act directing the Treasurer to cancel and deliver to Stephen Jacob a cer-
tain security," reported that the same ought to pass, and the said bill
being again read, B,esolved, To concur with the house in passing it into
a law.

A bill, passed in the house of Representatives, Entitled "An act lim-
iting the time for presenting prize tickets to the Managers of the Castle-
ton and Hubbarton Road lottery," was sent up for revision &c. and
being read, Ordered that it be referred to Mr- Galusha.

A bill, passed in the house of Representatives, Entitled "An act di-
recting the Treasurer of this State to credit the First Constable of the
town of Shelburne the sum therein mentioned," was sent up for revis-
ion &c. and being read and considered, Resolved, To concur with the
house in passing said bill into a law.

A bill, passed in the house of Representatives, Entitled "An act lay-
ing a tax on the Proprietors of Topsham," was sent up for revision &c.
read and Ordered, To be referred to Mess8- Galusha and Chittenden.

A bill, passed in the house of Representatives, Entitled "An act au-
thorizing the collection of a land tax in Topsham," was sent up for re-
vision &c, read and, Ordered, To be referred to Mr- White and Mr-
Witherell.

A bill, passed in the house of Representatives, Entitled "An act lay-
ing a tax of four cents per acre on Jamaica," was sent up for revision
&c. read and Ordered, To be referred to Mr- Shepardson, to report his
opinion thereon.

Adjourned to 9 O'clock Tomorrow morning.

Thursday, October 27. 1803, 9 O'clock A. M.
The Council met pursuant to adjournment.

The Governor and Council, according to adjournment proceeded to
the Representatives' Room and met the house in joint Committee for

Governor and Council — October 1803. 381

the purpose of compleating the election of the County officers for the
year ensuing, and some progress being made therein, the joint Commit-
tee was adjourned untill Monday next at 2 O'clock P. M. and the Gov-
ernor and Council returned to their Chamber.

Mr White, from the Committee, to whom was referred the bill En-
titled "An act authorizing the Collection of a land tax in Topsham," re-
ported that it ought to pass, and the said [bill] being again read, Re-
solved, To concur with the house in passing said bill into a law.

A bill, passed in the house of Representatives, Entitled "An act es-
tablishing the votes and proceedings of the Proprietors of the Town of
Thetford, relative to a division of said town into severalty, granting
them power to pitch their undivided lands, and to raise a tax for defray-
ing the demands against said Proprietors," was sent up for revision &c.
and being read, Ordered, That it be referred to Mr- Witherell and Gov.
Brigham.

Mr Niles, from the Committee to whom was referred the bill Entitled
"an act in addition to an act entitled 'an act assessing a tax of one cent
per acre on the town of Middlesex,' " reported that it ought to pass,
whereupon Resolved, To concur in passing the said bill into a law.

Mr- Galusha, from the Committee to whom was referred the bill En-
titled "An act laying a tax on the Proprietors of Topsham," reported
the following amendments, viz. "Provided allways, that any sale made
by the Collector under this act shall in no wise affect the title of any
under purchaser from the Proprietors of any Particular lot or lots, by
him, her or them owned or purchased, in severalty as aforesaid " — which
report was accepted, and the bill ordered to lie on the table for further
amendment.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following resolution was, at this time, received from the
house, viz:

" In General Assembly Oct. 14th- 1803.

On motion of Mr- A. Marsh, Resolved, That it be recommended to
the Governor, by and with the advice of Council, to appoint the First
Thursday of December next as a day of public Thanksgiving and praise
throughout this State. Extract from the Journals.

Att. A. Haswell Clerk."

And the same being read, Resolved, That the Council do advise his
Excellency to issue his proclamation in pursuance of the foregoing
resolve.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
establishing the Proprietors' proceedings and draft of the allotment in
the township of Montgomery;" " An act in addition to an act Entitled
' an act in addition to an act Entitled An act directing the organization
of the County of Essex,' passed October 1801;" and "An act discharging
Jedediah and Ebenezer Durfey and others from a certain note;" and
the said bills being severally read and considered, Resolved, To concur
with the house in passing them respectively into laws.

Mr- Niles, from the Committee appointed on the bill Entitled "An act
for the relief of Jonathan Armstrong," reported that the said bill ought
not to pass. The Council after a desultory debate and without any par-
ticular order on said report, Resolved, To concur with the house in pass-
ing said bill into a law.

A bill, passed in the house of Representatives, Entitled "An act
confirming the records of the town of Bridport," was sent up for revision
&c. Read and Ordered, That it be referred to Mr- Witherell.

382 Governor and Council — October 1803.

Mr- Shepardson, to whom was referred the bill Entitled "An act
laying a tax of four cents per acre on the town of Jamaica," reported
that " in his opinion the Governor and Council ought to concur in pass-
ing said bill," and the bill being again read, and report accepted, Re-
solved, To concur with the house in passing said bill into a law.

Mr- Witherell, from the Committee to whom was referred the bill En-
titled "An act establishing the votes and proceedings of the Proprietors
of Thetford &c." reported the following resolution, which was adopted
and ordered to be sent to the house by M1- Witherell: Kesolved, The
house of Representatives concurring therein, that the petition of the
Proprietors of Thetford, with the bill accompanying the same, be laid
over untill the next session of the Legislature of this State — That said
Proprietors may have opportunity to publish in the Vermont Journal
the substance of the act prayed for, to call on the land-holders in said
town to give their sense on said subject at [a] town meeting legally
warned for that purpose, that they ascertain by proper documents the
sums necessary to be raised by tax, and also that the Petitioner may be
able to show that he is agent for said Proprietors.

Mr- Galusha, to whom was referred the bill Entitled "An act limiting
the time for presenting prize tickets to the Managers of the Castleton
and Hubbarton Road Lottery," reported that said bill ought to pass with
the following amendments, That after the word "act," in third line of
said bill, there be added the following, viz. uand a list of all the prizes
drawn in said lottery," and after the word "Mercury," in the 4th line of
said section, there be inserted the words "And Vermont Gazette,"
whereupon, Resolved, To concur with the house in passing the said bill
into a law, with the above proposals of amendment, and Mr Galusha was
appointed to carry down the same and assign to the house the reasons
for said amendments.

Adjourned untill 9 O'clock Tomorrow morning.

Friday, October 28th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr- Galusha, from the Committee to whom was referred the bill En-
titled "An act laying a tax on the Proprietors of Topsham," reported
the following amendments, viz. That after the word "same" in the 16th
line of the preamble of the said bill, the remainder of the pre-
amble be erased, that after the word "the" in the 13th line of the 1st-
Section, the words "Green Mountain Patriot" be erased, and the words
"Weekly Wanderer," be inserted in lieu thereof, and that the proviso
reported yesterday be added to the bill, which report was accepted, &
Resolved, To concur with the house in passing the said bill into a law
with the said proposals of amendment.

On motion of Mr- Niles, Resolved, That a Committee of Five members
be appointed to consider and report whether any, and if any what
further measures, can be adopted to restrain and regulate the granting
land taxes, for the proposed purposes, of making and repairing roads
and bridges in particular towns in this State. Members Chosen, Mr-
Niles, Mr- Galusha, Mr- Witherell, Mr- Fletcher and Mr- White.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
laying a tax of two cents per acre on the town of Enosburgh;" "An act
laying a tax of three cents per acre on the town of Guildhall ;" " An act
incorporating the Gore herein after mentioned into a town by the name
of Bradley-Vale [part of Burke]," and "An act laying a tax of two cents

Governor and Council — October 1803. 383

per acre on Bakersfield," and the said bills, being severally read and con-
sidered, Resolved, To concur in passing them respectively into laws.

Mr- Witherell, to whom was referred the bill Entitled " An act con-
firming the records of the town of Bridport," reported that the same
ought to pass, and the bill being again read, Resolved to concur with the
house in passing the same into a law.

A bill, passed in the house of Representatives, Entitled " An act to
establish the records and proceedings of Coventry in organizing the
town," was sent up for revision &c. read & Resolved, To concur with
the house in passing said bill into a law, with the revision [provision]
noted on the same.

Mr Keyes, to whom was referred the bill Entitled " An act suspending
suits against Charles Ellis Junior for the term of five years," reported
that the said bill ought to pass, and it being again read, Resolved, To
concur with the house in passing the same into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled " An act em-
powering Sarah Ingraham, Administratrix on the estate of Robert In-
granam deceased, to deed -certain lands," was sent up for revision &c.
read and Resolved, To concur with the house in passing the said bill into
a law, with this proposal of<Amendment, That the name *' Ingraham " be
altered to " Ingram."

A bill, passed in the house of Representatives, Entitled " An act di-
recting the Treasurer of this State to credit the First Constable of the
town of Hartford the sum therein mentioned," was sent up for revision
&c. and beim* read and considered. Resolved, To concur with the house
in passing said bill into a law.

Adjourned to 9 O'clock Tomorrow morning.

Saturday, October 29th' 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled " An act to
enable the proprietors and landowners of the town of Essex to divide
their lands into severalty," was sent up for revision &c. read and Or-
dered, That it be referred to Mr- Chittenden and Mr Wheelock.

A'bill, passed in the house of Representatives, Entitled "An act di-
recting the recording of warrants and proceedings of Sheriffs in certain
cases," was sent up for revision &c. read and Ordered, That it be re-
ferred to Mr Witherell and Mr- Galusha.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of one and an half cent per acre on the town of Rochester,"
was sent up for revision &c. and being read and considered, Resolved,
To concur with the house in passing said bill into a law.

Adjourned untill Monday morning 9 O'clock.

Monday, October 31st- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr- Chittenden, to whom was referred the bill Entitled "An act to
enable the Proprietors and landowners of the town of Essex to divide
their lands into severalty," reported that said bill ought to pass, and it
being again read, Ordered, That it be referred to Mr- Witherell for fur-
ther examination.

384 Governor and Council — October 1803.

A bill passed in the house of Representatives, Entitled "An act author-
ising the Governor of this State to complete the Charter of Montpelier,"
was sent up for revision &c. read, and Ordered, That it lie on the table.

A bill, passed in the house of Representatives, Entitled "An act laying
a tax of three cents per acre on the town of Winhall,'1 was sent up for
revision &c. read, and Ordered, That it be referred to Mr« Keyes.

A bill, passed in the house of Representatives, Entitled "An act au-
thorizing the annexing of two certain school Districts," was sent up for
revision &c. and being read and considered, Resolved, To concur with
the house in passing said bill into a law. The bill Entitled "An act
limiting the time for presenting the prize Tickets to the managers of
the Castleton and Hubbarton road Lottery," was returned by Mr- Shaw,
member of the house, who delivered this message: "The house of Rep-
resentatives have concurred in the first amendment to said bill and non-
concurred in the second," and after assigning the reasons for the same,
he withdrew. And the said bill being again read, Resolved, To rescind
from the Second proposed amendment, and to concur in passing said
bill with this amendment, viz. that the words " Vermont Gazette " be
inserted in lieu of " Rutland Mercury " in the 4th- line of 2nd Section.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr- Keyes, to whom was referred the bill Entitled "An act laying a
tax of three cents per acre on the town of Winhall," reported sundry
amendments to be made thereto, which were adopted, and the said bill
being again read, Resolved, To concur in passing the same into a law,
with the proposal of amendment accompanying the same, and Mr- Keyes
appointed to inform the house of the reasons for sd- amendment.

The Governor and Council, pursuant to adjournment, proceeded to
the Representatives' room, and met the house in joint Committee for
the purpose of compleatiug the Elections of the respective County Offi-
cers, and having nnishedlhe same, the Committee was dissolved and
the Governor and Council returned to their Chamber.

Mr Galusha, from the Committee to whom was referred the bill En-
titled "An act directing the recording of warrants and proceedings of
Sheriffs in certain cases," reported that said bill ought to pass, and it
being again read, Resolved, To concur with the house in passing said
bill into a law.

A bill, passed in the house of Representatives, Entitled "An act free-
ing the body of Timothy Clements from Arrest," was sent up for revis-
ion &c. and being read and considered, Resolved, To concur with the
house in passing said bill into a law.

Mr- Witherell, from the Committee to whom was referred the bill En-
titled "An act to enable the Proprietors and landowners of the town of
Essex to divide their lands into severalty," reported the following reso-
lution : Resolved, The house of Representatives concurring therein,
that the within bill be laid over to the next Session of the Legislature
and that it be the duty of the town Clerk of Essex to cause to be pub-
lished the substance of this bill in the public newspapers, printed in
Burlington, and therein notify the Proprietors .and landowners of said
town to appear at the next Session of the legislature, and shew cause
why the said bill should not be passed into a law." And the said reso-
lution being read and considered, was adopted, and Mr- Witherell
appointed to carry the same to the house & acquaint that body with the
reasons for passing the same.

A bill, passed in the house of Representatives, Entitled "An act laying
a tax of three cents per acre on the town of Lunenburgh," was sent up

Governor and Council — November 1803. 385

for revision &c. and being read, it was Ordered, That it be referred to
Mr- Shepardson.

A bill, passed in the house of Representatives, Entitled "An act in
explanation of, in addition to, and alteration of an act Entitled kAn act
defining the powers of Justices of the Peace within this State,' and
to the several acts relating thereto," was sent up for revision &c. and
being read, it was Ordered, That it be referred to M> Niles, M> Galusha
and Mr- Wheelock.

The Council adjourned untill 9 O'clock Tomorrow morning.

Tuesday, November 1st- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment,

On motion of Gov- Brigham, Resolved, To reconsider the vote con-
curring in the bill Entitled " An act freeing the body of Timothy Clem-
ents from arrest," and to concur in passing said bill into a law with the
proposals of amendment accompanying the same. And Gov. Brigham
was appointed to carry said bill to the house and acquaint them with the
reasons of said amendments.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of one and an half cents per acre on the town of Canaan," was
sent up for revision &c. Read, and Ordered, That it be referred to Mr-
Spooner.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
altering the time of holding the County Courts in the Counties of Chit-
tenden and Addison ;" "An act laying a tax of three cents per acre on
all the lands in the town of Cavendish ;" "An act directing the Treas-
urer of this State to credit the town of Putney the sum therein men-
tioned ;" "An act laying a tax of three cents per acre on the town of
Georgia ;" and "An act altering the name of Henry Stephen Hall to
Gardiner Chandler Hall;" and the said bills being severally read and
considered— Resolved, To concur with the house in passing them
respectively into laws.

A bill, passed in the house of Representatives, Entitled "An act reviv-
ing an act laying a land tax on Milton," was sent up for revision &c.
read, and Ordered, That it lie on the table.

A bill, passed in the house of Representatives, Entitled "An act to
revive an act and to repeal an act as therein mentioned," was sent up
for revision &c. read and Ordered, That it be referred to Mr- Loomis.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled uAn act direct-
ing the Treasurer of the State of Vermont to pay Asa Smith the sum of
money therein mentioned," was sent up for revision &c. and being read
and considered, Resolved, To concur with the house in passing the said
bill into a law, with the proposals of amendment noted on the same,
and Mr- Wheelock appointed to inform the house of the reasons for the
same.

The bill Entitled "An act reviving an act laying a land tax on Milton,"
was again read, when it was Resolved, To concur with the house in
passing said bill into a law.

The following written message was received from the house:

" In General Assembly Oct. 31st- 1803.

"An act establishing the Flag of the Militia of this State," sent down
from Council, was read and concurred in.

Attest A. Has well Clerk"

Adjourned untill 9 O'clock Tomorrow Morning.
' 25

386 Governor and Council — November 1803.

Wednesday, November 2d- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled :'An act in
addition to an act Entitled 'An act laying a tax of eight cents per acre
on the town of S4- Albans for the purpose therein mentioned,' " was sent
up for revision &c. read, and Ordered, That it be referred to the I>
Governor, Mr Safford, and Mr Galusha.

A bill, passed in the house of Representatives, Entitled " An act to
repeal part of an act Entitled ' an act establishing the lines of the towns
of Berkshire, Enosburgh, Richford, Montgomery, Jay and Westfield,
and directing the sale of a Gore of land between Enosburgh and Mont-
gomery, Berkshire and Richford,' " was sent up for revision &c. and be-
ing read, it was Ordered, That it be referred to Mr Niles, Mr- Witherell
and Mr- Loomis.

Mr- Spooner, to whom was referred the bill Entitled " An act laying a
tax of one cent per acre on the town of Canaan," reported that said bill
ought to pass, and the said bill, being again read, Resolved, To noncon-
cur with the house in passing the same into a law, and Mr- Niles ap-
pointed to reduce to writing the reasons for such nonconcurrence.

A bill, passed in the house of Representatives, Entitled " An act in
addition to and in alteration of an act Entitled ' an act in addition to an
act directing the publication of advertisements in the newspapers therein
mentioned,' " was sent up for revision &c. read and Ordered, That it be
referred to Mr Shepardson.

A bill, passed in the house of Representatives, Entitled " An act
granting a new trial to Ebenezer Allen," was sent up for revision &c.
and being read and considered, it was Resolved, To concur with the
house in passing said bill into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr Shepardson, to whom was referred the bill Entitled " An act lay-
ing a tax of three cents per acre on the town of Lunenburgh," reported
that the said bill ought to pass into a law, which report being considered,
and the bill again read, Ordered, That the said bill be recommitted to
the same Committee, and that Mr- Loomis be added to said Committee.

Mr- Niles, from the Committee to whom was referred the bill Entitled
"An act in explanation of, in addition to, and alteration of an act Enti-
tled ' An act defining the powers of the justices of the peace within this
State,' and to the several acts relating thereto," reported sundry amend-
ments to be made to the same, which were rejected, and it was Resolved,
To concur with the house in passing said bill, with other amendments
noted on the same, and Mr- Galusha appointed to carry said bill to the
house and inform them of the reasons for proposing the said amend-
ments.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, " An act
empowering the towns of Whitingham and Wilmington to incorporate
part of said towns into one School District," and " An act directing the
Treasurer to credit the first Constable of the town of Westminster the
sum therein mentioned," and the said bills being severally read and con-
sidered, Resolved, To concur with the house in passing them respec-
tively into laws.

A bill, passed in the house of Representatives, Entitled uAn act to
authorise the Supreme Court to empower Guardians to sell the real
Estate of their wards," was sent up for revision Ac. read, and Ordered,
That it be referred to Mr Galusha and Mr- Loomis.

A bill, passed in the house of Representatives, Entitled ;'An act laying

Governor and Council — November 1803. 387

a tax of three cents per acre on the town of Kingston" [Granville,] was
sent up for revision &c. read, and Ordered, That it be referred to Mr-
Keyes.

A bill, passed in the house of Representatives, Entitled "An act direct-
ing the Treasurer of this State to pay to Levi Thatcher the sum therein
mentioned," was sent up for revision &c. read, and Ordered, That it
be referred to Mr- Spooner.

Adjourned untill 9 O'clock Tomorrow Morning.

Thursday, November 3rd- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

Mr- Spooner, to whom was referred the bill Entitled "An act directing
the Treasurer of this State to pay Levi Thatcher the sum therein men-
tioned," reported that it ought to pass, whereupon Resolved, To concur
with the house in passing the said bill into a law.

A bill, passed in the house of Representatives, Entitled "An act grant-
ing to Lemuel Dickerman a new trial," was sent up for revision &c. and
being read and considered, Resolved, To concur with the house in pass-
ing the said bill into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled "An act giv-
ing to the Company of Artilley in the second Regiment Second Brigade
and second Division of the militia of this state, equal privileges and
immunities with other companies of militia in this state," was sent up
for revision &c. and being read, Resolved, To concur with the house in
passing the said bill into a law, with the proposals of amendment accom-
panying the same, and the L* Governor appointed to assign to the house
the reasons for said amendments.

Mr- Niles, from the Committee to whom was referred the bill Entitled
"An act to repeal part of an act Entitled 'An act establishing the lines
of the towns of Berkshire, Enosburgh, Montgomery, Jay and'Westfield,
and directing the sale of a gore of land between Enosburgh and Mont-
gomery, Berkshire and Richford,' passed 10th- Nov. 1802," reported, that
the sd- bill with the amendment of striking out the preamble ought to
pass, and the said bill being again read, Resolved, To concur with the
house in passing the same into a law, with the said proposal of amend-
ment, and Mr- Loomis appointed to assign to the house the reasons for
the same.

Mr- Loomis, from the Committee to whom was referred the bill En-
titled "An act laying a tax of three cents per acre on the town of Lu-
nenburgh," reported that it ought not to pass, & Resolved, To nonconcur
with the house in passing said bill into a law, and Mr- Loomis appointed
to draw up the reasons in writing.

Adjourned to 9 O'clock Tomorrow morning.

Friday, Nov. 4th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The L4 Governor, from the Committee to whom was referred the bill
Entitled "An act in addition to an act Entitled 'An act laying a tax of
eight cents per acre on the town of S*- Albans for the purpose therein
mentioned,' passed Nov. 5, A. D. 1800," reported sundry amendments to
be made thereto, and the parties interested being heard. Resol ved, To
concur in passing said bill with the amendments noted on the same, and

388 Governor and Council — November 1803.

Mr- Galusha appointed to inform the house of the reasons for proposing
the same.

Mr- Keyes, to whom was referred the bill Entitled " An act laying a
tax of three cents per acre on the town of Kingston" [Granville,] re-
ported that said bill ought to pass, whereupon, Kesolved, To concur with
the house in passing said bill into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following resolution was received from the house:

" In General Assembly Nov. 4th- 1803.

Resolved, the Governor and Council concurring therein, that the two
houses meet in grand Committee, at the opening of the house tomorrow
morning, for the purpose of choosing a Surveyor General, and another
Justice of the peace in the County of Addison, and also to choose an
auditor of accounts against the State. Extract from the Journals.

Attest Anthony Haswell Clerk"

Which was read, and Resolved, To concur therein with this amend-
ment, That the word " grand " be altered to the word "joint," and that
"in the Representatives' room " be inserted after the word " morning."

On motion, Resolved, The house of Representatives concurring therein,
that they meet'the Governor and Council, in joint Committee, in the
Representatives' room, at the opening of the house tomorrow morning,
for the purpose of electing a Brigadier General in the third Brigade in
the fourth division of the Militia.

A bill, passed in the house of Representatives, Entitled " An act to
incorporate a bank at Windsor in this State," was sent up for revision
&c. read, and the parties interested being heard, Ordered, That it lie on
the table.

Adjourned untill 9 O'clock Tomorrow morning.

Saturday, November 5th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, " An act
directing the Treasurer to pay to James Whitelaw Esquire the sum
therein mentioned," and '; An act laying a tax of two cents per acre on
the town of Mansfield," and the said bills being severally read and consid-
ered, Resolved, To concur with the house in passing them respectively
into laws.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of two cents per acre on the town of Sterling," was sent up
for revision &c. read, and Resolved, To concur with the house in passing
said bill into a law, with this proposal of amendment, in the 12th line of
the 1st Section erase the word " Orleans " and insert u Franklin."

A bill, passed in the house of Representatives, Entitled " An act in
alteration of and to amend an act Entitled ' An act relating to Goals and
Goalers, and for the relief of persons imprisoned therein,' passed March
9th A. D. 1797," was sent up for revision &c. and being read, Ordered,
That it be referred to Mr Witherell, Mr- Niles & the L1 Governor.

M1'- Shepardson, to whom was referred the bill Entitled "An act in
addition to and alteration of an act Entitled 'An act in addition to an
act Entitled An act directing the publication of advertisements in the
news-papers therein mentioned,' passed 5 Nov. 1799," reported that it
ought to pass, Whereupon, Resolved, To concur with the house in
passing said bill into a law.

Governor and Council — November 1803. 389

Benjamin Swan Esq1"- Treasurer of the State, produced his bonds, ex-
ecuted according to law, and the same being approved, the necessary
oaths were administered to him by the Governor.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr- Loomis, from the committee to whom was referred the bill En-
titled "An act to authorize the Supreme Court to empower Guardians
to sell the real estate of their wards,1" reported sundry amendments,
which were adopted, and then it was Resolved, To concur with the house
in passing the said bill into a law, with the proposals of amendment
accompanying the same, and Mr- Loomis appointed to assign to the house
the reasons therefor.

The Council again resumed the consideration of the bill Entitled "An
act to incorporate a Bank at Windsor in this State;" on the passing of
said bill, the yeas and nays being required by Mr Witherell, He who
voted in the affirmative was Mr Keyes; Those who voted in the nega-
tive were — The Ll Governor, Mess8- Chittenden, Galusha, Loomis,
Spooner, Safford, White, Witherell, Niles, Fletcher, Wheelock & Shep-
ardson. Yea 1, Nays 12; so the said bill was nonconcured, & Mr-
Niles, Mr- Galusha & Mr- Witherell appointed a Committee to assign the
reasons in writing.

The Council then took under consideration the bill Entitled " An act
to incorporate a bank at Burlington in this State," and Resolved, To
nonconcur with the house in passing the said bill into a law, and the
same reasons applying to the aforesaid bill be assigned as the reasons on
this.

Adjourned to 9 O'clock Monday Morning.

Monday, November 7th' 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, " An act
directing the Treasurer to credit the town of Granby the sum therein
mentioned," and " An act directing the Treasurer of this State to credit
the town of Lemington the sum therein mentioned," and the said bills
being read, Ordered, That they be referred to Mr White.

A bill, passed in the house of Representatives, Entitled "An act lay-
ing a tax of three cents per acre on the town of Plymouth," was sent up
for revision &c. read, and Resolved, To concur with the house in passing
said bill into a law.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of four cents per acre on the town of Navy" [Charleston,] was
sent up for revision &c. and being read, Ordered, That it be referred to
Mr Fletcher.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr- Fletcher, to whom was referred the bill Entitled " An act laying a
tax of four cents per acre on the Township of Navy," reported that said
[bill] ought to pass, and it being again read, Resolved, To concur with the
house in passing the same into a law.

Mr White, to whom was referred the bills, one Entitled "An act di-
recting the Treasurer to credit the town of Danby the sum therein men-
tioned," and the other Entitled " An act directing the Treasurer of this
State to credit the town of Lemington the sum therein mentioned," re-
ported that after the titles of said bills the whole be erased, and the two

890 Governor and Council — November 1803.

bills accompanying be proposed as substitutes, and the said bills being
read, and also as amended, Resolved, To concur in passing the same
with the above proposal of amendment, and Mr- White appointed to in-
form the house of the reasons for proposing the same.

The following bills, passed in the house of Representatives, were sent
up for revision or concurrence or proposals of amendment, " An act
altering the name of Harwich, in the County of Rutland, to that of M>
Tabor," and " An act laying a tax of two cents per acre on the town of
Woodbury," and the said bills being severally read and considered, Re-
solved, To concur with the house in passing them respectively into laws.

A bill, passed in the house of Representatives, Entitled, u An act in
addition to and in alteration of an act Entitled ' An act empowering the
Selectmen of the several towns in this State to take charge of and lease
out the lands granted to the first settled Minister, and for the use of the
Ministry," was sent up for revision &c. and being read, Ordered, That
it lie on the table.

Mr- Chittenden asked and obtained leave of absence after tomorrow
for the remainder of the Session.

Adjourned untill 9 O'clock tomorrow morning.

Tuesday, November 8th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

On motion, Resolved, The house of Representatives concurring
therein, That Mr- Shcpardson be a Committee from Council to join such
Committee as the house of Representatives may appoint, to receive and
distribute the Election Sermons and Proclamations for Thanksgiving.

Mr- Niles, from the Committee appointed on that subject, reported the
reasons for the nonconcurrence of the Governor and Council to the bill
Entitled "An act to incorporate a Bank at Windsor in this State," and
the same being read, were adopted, and ordered to be sent to the house
with said bill, and are as follows, to wit:

"1. Because Bank bills being regarded as money, and money, like
water, allways seeking its level, the bills put into circulation within this
State must displace nearly the same sum of money now in circulation
among us, and by driving it into the seaports, facilitate its exportation
to foreign Countries; which, as bank bills cannot be made a legal tender,
must prove a calamity to the Citizens generally, and especially to those
who dwell at a distance from the proposed Banks.

"2. Because by introducing a more extensive credit, the tendency of
banks would be to palsy the vigor of industry, and to stupify the vigil-
ance of economy, the only two honest, general and sure sources of
wealth. In this view, banks would tend to divert the attention of the
speculator, the inexperienced youth, the indolent and the incautious,
from those honest, honorable and sure sources of mediocrity and inde-
pendence, and to fix it upon imaginary and unjustifiable methods of
suddenly accumulating an overgrown property; in pursuit of which a
large proportion of the adventurers would probably at the same time
sacrifice the property with which they began their speculations, and
imbibe an ungovernable disgust for wholsome industry and economy,
now become more necessary than ever.

"3. Because banks, by facilitating enterprises, both hazardous and
unjustifiable, are natural sources of all that class of vices, which arise
from the gambling system, and which cannot fail to act as sure and fatal
tho' slow poisons, to the republic in which they exist.

"4. Because Banks tend strongly to draw off the dependence of
debtors from their own exertions as means of payment, and to place it on

Governor and Council — November 1803. 391

the facility of increasing new debts to discharge the old; which cannot
but be detrimental, both to the debtor, & thro' his example, to Society
at Large.

" 5. Because Banks have a violent tendency, in their natural opera-
tion, to draw into the hands of the few, a large proportion of the prop-
erty, at present, fortunately, diffused among the many; and in this way,
straiten the circumstances of the many, and thus render them still more
dependent on the few, and of course to make them, thro' necessity, yet
more subservient to their aspiring views: and, by these means, the ten-
dency of banks seems to be, to weaken the great pillars of a republican
government, and, at the same time, to increase the forces employed for
its overthrow.

"6. Because, as Banks will credit none, but persons of affluence;
those who are in the greatest need of help, cannot expect to be directly
accommodated by them: And as the banks would enable those who have
credit with them, to loan money at an exorbitant interest to the neces-
sitous, there is reason to fear lest they should operate as means of in-
creased usury and oppression.

"7. Because, should the bill pass into a law, we apprehend it would
be found necessary at least to render the bank granted thereby perpet-
ual. A measure which appears to us too important to be adopted with-
out a more thorough investigation than the novelty of the question, its
extent, and the shortness of the time will allow.

"'8. Because, by the establishment government will, in our opinion,
go further than could have been contemplated in its original institution.
Government, we apprehend, was not designed to open new fields of
speculation, nor to direct the efforts of individuals, but merely to pro-
tect them in respect of property and such of their pursuits as are not
inconsistent with the general good of the Citizens at large; much less
was it designed as a means of drawing property out of the hands of the
less wealthy, to place it in the hands of the more wealthy."

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, "An act
laying a tax of three cents per acre on the town of Westfield," "Ad act
laying a tax on the several towns here in after mentioned," and " An act
relating to the Goal in Vergennes in the County of Addison," and the
said bills being severally read & considered, Resolved, To concur with
the house in passing them respectively into laws.

On motion, Resolved, That Mr- ISTiles and Mr- Fletcher be a Committee
to take under consideration all bills sent up from the house of Repre-
sentatives granting land taxes. Resolved, further, that Mr- Witherell be
requested to wait on the house of Representatives and acquaint them
with the reason influencing the Council to pass the above resolve.

Mr Brigham, from the Committee to whom was referred the bill Enti-
tled " An act in alteration of and to amend an act Entitled ' an act re-
lating to Goals and Goalers, and for the relief of persons imprison'd
therein,' passed March 9th- 1797," reported sundry amendments to be
made thereto, and the said bill being again read, Resolved, To concur
with the house in passing the same into a law, with the proposals of
amendment as reported and noted thereon, and Mr- Brigham appointed
to wait on the house and inform them of the reasons of said amend-
ments.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill, passed in the house of Representatives, Entitled a An act rat-
ifying and confirming the proceedings of a Collector of a land tax in
Bridgewater," was sent up for revision &c. & being read, Resolved to

392 Governor and Council — November 1803.

nonconcur with the house in passing said bill into a law, & for the rea-
sons transmitted with the same, in writing.

His Excellency informed the Council that he had received a letter
from the hon'ble Theophilus Harrington resigning his office as Chief
Judge of the County Court in the County of Rutland — whereupon, on
motion, Resolved, The house of Representatives concurring therein, that
the different branches of the General Assembly meet in joint Commit-
tee in the representatives' Room, at the opening of the house tomorrow
morning, for the purpose of choosing a Chief Judge of the County
Court within and for the County of Rutland, to supply the vacancy in
that office occasioned by the appointment of the Hon'ble Theophilus
Harrington to the office of assistant Judge of the Supreme Court of Ju-
dicature, and to fill all vacancies that may happen in consequence of said
appointment.

A bill, passed in the house of Representatives, Entitled " An act di-
recting the Treasurer to pay to his Excellency the Governor the sum
therein mentioned," was sent up for revision &c. and being read and con-
sidered, Resolved, To concur with the house in passing said bill into a
law.

Adjourned to 9 O'clock Tomorrow morning.

Wednesday, October [November] 9th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The resolution of Council relative to the Election of a Chief Judge of
the County Court in Rutland County, was returned from the house con-
curred, with amendments, in which the Council concurred. And, pur-
suant to the said resolution, the Governor and Council proceeded to the
Representatives1 room and met the house in joint Committee for the
purpose expressed therein, and having completed said business, the joint
Committee was dissolved, and the Governor and Council returned to
their Chamber.

A bill, passed in the house of Representatives, Entitled "An act em-
powering the Proprietors of Moretown in the County of Chittenden to
complete their survey and field book, and ratify their former proceedings
relative to said town, and to grant a tax to defray the expense thereof."
was sent up for revision &c. and it being read, Ordered, That said bill
be referred to Mr- Niles and Mr- Wheelock.

A bill, passed in the house of Representatives, Entitled " An act di-
recting the mode of passing certain acts therein mentioned," was sent
up for revision &c. Read, and Ordered, That it be referred to Mr-
Keyes.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
in addition to an act Entitled 'An act altering the times for the sitting
of the Supreme Court of Judicature, Court of Chancery, and County
Courts, in the County of Franklin,' passed Oct. 30, A. D. 1798;" "An
act in addition to and alteration of an act Entitled 'An act granting to
John W. Blake, Calvin Knoulton, and their Associates, the privilege of
building a Bridge over West River in Brattleboro;'" "An act directing
the Treasurer to credit the town of Groton the sum therein mentioned;"
and "An act laying a tax of four cents on each acre in the township of
Alburgh," and the said bills being severally read and considered, Resolved,
To concur with the house in passing them respectively into laws.

Adjourned to 2 O'clock P. M.

G-overnor and Council — November 1803. 393

2 O'clock P. M.

The bill Entitled "An act in addition to and alteration of an act En-
titled 'An act empowering the Selectmen of the several towns in this
State to take charge of and lease out the lands granted to the first settled
minister, and for the use of the ministry,' passed Nov. 3, A. D. 1798,"
was again read, when it was Eesolved, To concur with the house in
passing said bill into a law, with the amendments accompanying the
same, and Mr- Galusha was appointed to inform the house of the reasons
for proposing the same.

A bill, passed in the house of Representatives, Entitled "An act
granting to Jesse Williams, Judge of Probate for the District of Hart-
ford, and his successors in office, in trust for the use of Mercy Stebbins,
of Barnard, one hundred acres of land, in said Barnard," was sent up
for revision &c. and being read, Resolved, To concur with the house in
passing said bill into a law, with the proposals of amendment accompa-
nying the same, and Mr- Galusha appointed to inform the house of the
reasons of Council for proposing the same.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment : "An act
in addition to an act passed 7 Nov. 1792, Entitled 'An act in alteration
of an act entitled an act granting to William Page and" Lewis R. Morris,
their heirs and Assigns forever, the exclusive right of locking Bellows
Palls, on Connecticut River, and for repealing an act passed the 1st day
of Nov. 1791, granting the same, and also in alteration of an act passed
the 17th- day of October 1795, for increasing the toll on all kinds of lum-
ber;" "An act granting to Amasa Ladd and Nathaniel Duglass junr- of
Vineyard [Isle la Motte] in the County of Franklin, the exclusive right
of keeping a ferry from the east side of Vineyard to the North-Hero and
Alburgh;" "An act altering the Post or Stage Road leading from Rut-
land to Vergennes, from Pittsford Meeting house to William Spencer's
in said Pittsford;" and "An act appointing a new member of a Commi-
tee on a tax on Coit's Gore;" and the said bills being severally read and
considered, Resolved, To concur with the house in passing them respect-
ively into laws.

Mr- Niles, from the Committee to whom was referred the bill Entitled
"An act empowering the proprietors of Moretown, in the County of
Chittenden, to complete their survey and field book, and ratify their
former proceedings relative to said town, and to grant a tax to defray
the expence thereof," reported sundry amendments — whereupon Re-
solved, To concur with the house in passing the said bill into a law, with
the said proposals of amendment, and Mr- Niles was appointed to carry
said bill to the house and inform them of the reasons for the same.

Adjourned to 9 O'clock Tomorrow morning.

Thursday, November 10, 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following resolution was received from the house:

" In General Assembly Nov. 10, 1803.

Resolved, The Governor and Council concurring therein, that the
General Assembly adjourn on the 12th- day of November instant. Ex-
tract from the Journals. Attest, A. Haswell Clerk"

And the same being read, it was Ordered, To lie on the table.

A bill, passed in the house of Representatives, Entitled "An act grant-
ing to Isaac Eddy a tract of land therein mentioned," was sent up for
revision &c. read and Ordered, That it be referred to Mr- Loomis and
Mr- Spooner,

394 Governor and Council — November 1803.

A bill, passed in the house of Representatives, Entitled "An act di-
recting the mode of paying costs therein mentioned," was sent up for
revision &c. and being read and considered, Resolved, To nonconcur
with the house in passing said bill into a law for the reasons in writing
transmitted with the same.

A bill, passed in the house of Representatives, Entitled " An act es-
tablishing the boundary lines of the town of Stratton," was sent up for
revision &c. read and Resolved, To concur with the house in passing
said bill into a law, with this proposal of amendment — add these words,
" nor contain more land than is contained in a six mile square Town-
ship," to the end of the bill.

A bill, passed in the house of Representatives, Entitled " An act au-
thorizing the Selectmen of the town of Cabot to make an alteration in
the County road, leading thro' said town," was sent up for revision &c.
and being read and considered, Resolved, To concur with the house in
passing said bill into a law.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

A bill Entitled "An act authorizing the Governor of this State to
complete the Charter of Montpelier," was again read, and then it was
Resolved, To concur in passing said bill, with the proposals of amend-
ment noted on the same, and the L1 Governor appointed to inform the
house of the reasons for said amendments.

A bill, passed in the house of Representatives, Entitled " An act for
the laying of a Post Road from the north line of Huntsburgh [Frank-
lin] in the County of Franklin, to Hinesburgh in the County of Chitten-
den," was sent up for revision &c. read & ordered, That it be referred to
Mr- Niles and Mr- Loomis.

A bill, passed in the house of Representatives, Entitled "An act ena-
bling the minor heirs of Ethan Allen, late of Burlington in the County
of Chittenden, deceased, by their present or future Guardian or
Guardians, to settle disputes respecting real Estate, by arbitration,
reference, agreement, or otherwise, and also to enable said minor heirs,
by their present or future Guardian or Guardians, to sell part of their
real estate, for the purposes therein mentioned," was sent up for revis-
ion &c. & being read and considered, Resolved, To concur with the
house in passing said bill into a Law.

Mr- Galusha, from the Committee to whom was referred the bill Enti-
tled " An act directing the mode of paying costs therein mentioned,"
reported sundry amendments, when it was Resolved, To concur with the
house in passing said bill into a law, with said proposals of amendment,
and Mr- Galusha appointed to inform the house of the reasons for pro-
posing them.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
establishing a Corporation by the name of the Williamstown Centre
Turnpike Company;" "An act in addition to an act Entitled ' An act
reducing into one the several acts for laying out, making, repairing, and
clearing Highways;'" " An act in addition to and amendment of an act
Entitled ' An act appointing a Committee to lay out and survey a public
road from Berkshire to Brandon, on a direct communication from the
north to the South part of this State,' passed Nov. 12, A. D. 1802;" and
" An act appointing a Committee to lay out a road from the County road
in Barton to the County Road leading from Greensboro' to Danville;"
and the said bills being severally read and considered, Resolved, To con-
cur with the house in passing them respectively into laws.

Adjourned to 9 O'clock Tomorrow Morning.

Governor and Council — November 1803. 395

Friday, November 11, 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

On motion, Resolved, The house of Representatives concurring
therein, ttiat the two branches of the legislature meet in joint Commit-
tee in the Representatives' room at ten o'clock this morning, for the
purpose of electing a Brigadier General in the 2nd Brigade in the third
Division of the Militia of this State in the place of Prince B. Hall Esqr-
resigned.

The above resolution was returned from the house concurred, and the
following one from the house was received at the same time:

" In General Assembly Nov. 11, 1803.

Resolved, the Governor and Council concurring therein, that the two
branches of the legislature meet in joint Committee in the representa-
tives' room, at ten o'clock this morning, for the purpose of electing a
Chief Judge of the County Court in the County of Windsor, in the room
of Jesse Williams, declined, and an assistant Judge for the County of Rut-
land in the room of Nathaniel Wood Jur- declined; also an assistant
Judge in the County of Windham, in the room of Jason Duncan de-
clined, as well as to do any other business which may be found neces-
sary when convened. Extract from the Journals.

Attest A. Haswell, Clerk."

And the same being read, Resolved To concur therein with this
amendment, that the words after " Jason Duncan declined " be erased
& the following be added, " and, also, to appoint an High Bailiff for the
County of Franklin in the place of Tho8- Russell, who has declined ac-
cepting said office." The above amendments being concurred in by the
house, and the Governor and Council notified thereof, they repaired to
the Representatives' room and met the house in joint Committee for the
purpose expressed in the above resolutions; and having compleated the
appointments of the said officers, the joint Committee was dissolved and
the Governor and Council returned to their Chamber.

A bill, passed in the house of Representatives, Entitled " An act
granting to Isaac Eddy a tract of land therein mentioned," was sent up
for revision &c. and being read and Considered, Resolved, The house of
Representatives concurring therein, that said bill be laid over to the
next session of the General Assembly, and that the said Eddy, if he see
fit, cause the lines of the towns of Stockbridge and Sherburne to be per-
ambulated, so far as it may be necessary, to ascertain whether there be
a gore of land between these towns, and the quantity of land that may
be therein, and that it be done without expence to this state.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of two cents per acre on the town of Granby," was sent up for
revision &c. read and Resolved, To nonconcur with the house in passing
said bill into a law, for the reasons assigned in writing on the back of said
bill.

The Committee to whom was referred the bill Entitled " An act lay-
ing a Post-Road from the North line of Huntsburgh [Franklin] in the
County of Franklin to Hinesburgh in the County of Chittenden," re-
ported the following resolution, which was adopted by the Council, viz.
Resolved, The house of Representatives concurring therein, that said
bill be referred to the next session of the Legislature, and that notice
be given to the Inhabitants and Proprietors of the several Towns
therein mentioned, in the Burlington Newspapers, that they shew cause
why said bill should not pass.

A bill, passed in the house of Representatives, Entitled " An act in
addition to an act Entitled ■ An act authorizing the Proprietors of Guild-
hall to ratify and complete the division of their lands,' &c." was sent up

396 Governor and Council — November 1803.

for revision &c. and being read, Resolved, To concur with the house in
passing said bill into a law, with a proposal of amendment noted on
said bill.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, " An act
laying a tax of one and an half cents per acre on all the lands in the town-
ship of Middlesex;" " An act laying a tax of one cent per acre on the
town of Stowe;" "An act laying a tax of three cents per acre on Cov-
entry Gore, lying between Duncansboro' [Newport,] and Kelley's Grant
N°- 2;" "An act laying a tax of three cents per acre on the town of
Troy, alias Missiskoui;" "An act laying a tax of three cents per acre on
the town of Lutterloch [Albany,] & "An act laying a tax of three cents
per acre on Kelley's Grant No. 2, in the County of Orleans," and the
said bills being severally read and considered, Resolved, To concur with
the house in passing them respectively into laws.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of two cents per acre on the township of Waterbury," was sent
up for revision &c. and being read, Resolved, To concur with the house
in passing said bill into a law, with the proposals of amendment accom-
panying the same.

Adiourned to 9 O'clock Tomorrow morning.

Saturday, November 12th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The resolution relative to the adjournment of the Legislature was
again read, when it was Resolved, To nonconcur therein, and Mr- With-
erell was appointed to inform the house of the reasons of Council for
such nonconcurrence.

The following resolution was received from the house:

" In General Assembly Nov. 12, 1803.

Resolved, the Governor and Council concurring therein, that the
Legislature this day adjourn to the last Thursday of January next, then
to meet at Windsor, in the County of Windsor. Extract from the
Journals. Attest A. Haswell Clerk."

And the same being read, Resolved, To concur therein with this
amendment, viz. That "Monday noon next," be inserted in lieu of "this
day," and Mr- Galusha appointed to inform the house of the reasons of
Council in proposing sd- amendment.

A bill, passed in the house of Representatives, Entitled " An act di-
recting the Treasurer of this State to pay to certain persons the sums
therein mentioned," was sent up for revision &c. read and Resolved,
The house of Representatives concurring therein, that said bill be.
referred to the next stated or adjourned Session of the Legislature,
and Mr Galusha appointed to assign to the house the reasons for the
said resolution.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
laying a tax of one cent and three mills on the dollar on the list of
1803," and "An act directing the Treasurer to pay to Benjamin Emmons
Junr- Auditor, the sum therein mentioned," and the said bills, being sev-
erally read and considered, Resolved, To concur in passing them respect-
ively into laws.

The following written message was received from the house:

Governor and Council — November 1803. 397

"In General Assembly Nov. 12, 1803.

Resolved, That this house concur in the amendments proposed by the
Governor and Council respecting the time when this house adjourn.

Attest Anthony Haswell Clerk."

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The following bills passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, "An act lay-
ing a tax of two cents per acre on the Township of Worcester," and
"An act directing the Treasurer to pay the Engrossing Clerk annually,
for the blanks by him furnished for sorting & counting the votes on
the day of Election, the sums therein mentioned," and the said bills
being severally read and considered, Resolved, To concur in passing
them respectively into laws.

A bill, passed in the house of Representatives, Entitled " An act em-
powering the Administrator on the Estate of George Trumbull to sell
certain lands," was sent up for revision &c. and the same being read and
considered, Resolved, To concur with the house in passing said bill into
a law, with the proposals of amendment accompanying the same.

A bill, passed in the house of Representatives, Entitled " An act em-
powering the Sheriff of Orleans County to provide one or more goals in
said County," was sent up for revision &c. read & Resolved, To concur
with the house in passing said bill into a law, with the proposals of
amendment accompanying the same.

A bill, passed in the house of Representatives, Entitled " An act lay-
ing a tax of two cents per acre on Philadelphia" [Chittenden,] was sent
up for revision &c. and being read, Resolved, To concur with the house
in passing said bill into a law, with the proposals of amendment accom-
panying the same.

The following Bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment: "An act
laying a tax of three cents per acre on the township of Hard wick;" "An
act in addition to an act Entitled ' An act for the Probate of Wills, and
the settlement of Testate and Intestate estates,' " and " An act estab-
lishing a Corporation by the name of the Williamstown Centre Turn-
pike Company;" and the said bills being severally read and considered,
Resolved To concur in passing them respectively into laws.

Adjourned to 9 O'clock on Monday Morning.

Monday, October 14th- 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following bills, passed in the house of Representatives, were sent
up for revision and concurrence or proposals of amendment, " An act
laying a tax on the County of Windsor," and " An act laying a tax of
two cents per acre on the town of Duncansborough" [Newport,] and the
said bills being severally read and considered, Resolved, To concur in
passing them respectively into laws.

A bill, passed in the house of Representatives, Entitled, u An act
making the necessary appropriations for the support of government dur-
ing the present session, and for other purposes," was sent up for revis-
ion &c. and being read, Resolved, To concur in passing said bill into a
law with a proposal of amendment accompanying the same, and Mr Saf-
ford appointed to inform the house of the reasons for proposing the said
amendments.

398

Governor and Council — November 1803.

Mr- Wheelock reported the Debenture of Council, which was passed
as follows, viz.

A S

His Honor Paul Brigham 1/ Governor
The hon'ble Elisha Allis

" " Noah Chittenden

" " Jonas Galusha

" " Beriah Loomis

" " Solomon Miller

" " Eliakim Spooner

" " Samuel Safford

" " John White

" '* James Witherell

" " Nathaniel Niles

" " Asaph Fletcher

" " Ebenezer Wheelock

" u Samuel Shepardson

" " Elias Keyes

Samuel Fletcher, Sheriff
Richard Whitney, Secretary
Richd- Whitney for use of room
To Mark Richards for Council Chamber

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4J

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o a

£ a S

Amou

of
Trave

£ ° 0

5 J

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Sets.

$ cts.

50

6.00

33

132.00

76

9.12

2

3.00

130

15.60

27

40.50

68

8.16

33

49.50

59

7.08

33

49.50

130

15.60

2

3.

2

.24

32

48.

60

7.20

33

49.50

141

16.92

33

49.50

76

9.12

33

49.50

72

8.64

33

49.50

29

3.48

29

43.50

88

10.56

33

49.50

27

3.24

27

40.50

65

7.80

29

43.50

21

2.52

33

49.50

18

2.16

33

82.50

J

$ cts.

138.00
12.12
56.10
57.66
56.58
18.60
48.24
56.70
66.42
58.62
58.14
46.98
60.06
43.74
51.30
52.02
84.66
5.
25.

$995.94

Ordered, That the Sheriff draw the am*- of the above debenture from
the Treasury.

A bill, passed in the house of Representatives, Entitled "An act in-
corporating certain persons therein mentioned by the name of the Stam-
ford Turnpike Company," was sent up for revision &c. and being read,
Resolved, To concur with the house in passing said bill into a law, with
the proposals of amendment accompanying the same, and Mr Safford
appointed to inform the house of the reasons for said amendments.

Mr- Shaw, Member of the house of Representatives, acquainted the
Council [that] the house had concurred in the amendments proposed by
the Governor and Council to the appropriation bill.

On motion of Mr- Witherell, Resolved, The house of Representatives
concurring therein, that the unfinished business before both branches of
the legislature be laid over to the adjourned Session to be holden at
Windsor, on the last Thursday of January next, then to be taken up
and acted upon by the legislature as being in the same state in which it
shall be left by the legislature at the present adjournment.

The above resolution was returned from the house by Mr- Strong, a
member, concurred, who also informed them that the house of Repre-
sentatives were now ready to meet the Governor and Council in the
Representatives' [room] for the purpose of adjourning the legislature.

The Governor and Council immediately repaired to the house of Rep-
resentatives, and after an appropriate prayer from the Chaplain, the Revd-
Mr- Sage, the Sheriff, by order of his Excellency the Governor, adjourned
the Legislature untill the last Thursday of January next, then to meet
at Windsor in the County of Windsor.

A True Journal. Attest [Richard Whitney,] Secretary.

Governor and Council — January 1804. 399

RECORD OF THE GOVERNOR AND COUNCIL

XT THE

ADJOURNED SESSION WITH THE GENERAL ASSEMBLY
AT WINDSOR, JANUARY 26 1804.

A Journal of the Proceedings of the Governor and Council of the
State of Vermont, at an adjourned Session of the Legislature, begun
and holden at Windsor on Thursday, the 26th Day of January in the
Year of our Lord 1804.

Windsor Thursday January 26th 1804.
In Council at 10 O'clock A. M.

Present, His Excellency Isaac Tichenor Governor, His Honor Paul
Brigham L* Governor, of the Council, The Honorable Jonas Galusha,
Eliakim Spooner, James Witherell, Noah Chittenden, Beriah Loomis,
John White, Elias Keyes, Ebenezer Wheelock, Nathaniel Niles, & Sam-
uel Sheperdson1 Esqrs- William Page Junr- Secretary.2 William Strong
Esquire Sheriff of Windsor County.

His Excellency the Governor communicated to the Council a Letter
from the President of the United States, covering a proposed amend-
ment to the Constitution, which was read by the Sec^ as follows:

Eighth Congress of the United States;

At the First Session Begun and held at the City of Washington, in
the Territory of Columbia, on Monday, the seventeenth of October, one
Thousand, eight Hundred and Three —

Resolved, by the Senate and House of Representatives of the United
States of America, in Congress Assembled, Two Thirds of both Houses
concurring, that in lieu of the third paragraph of the first Section of the
Second article of the Constitution of the United States, the following be
proposed as an amendment to the Constitution of the United States,
which, when ratified by three fourths of the Legislaturas of the several
States, shall be valid to all intents and purposes, as part of the said
Constitution, to wit:

The Electors shall meet in their respective States, and Vote by ballot
for President and Vice President, one of whom, at least, shall not be an
Inhabitant of the same State with themselves; they shall name in their
Ballots, the person voted for as President, and in distinct Ballots the
person [voted] for as Vice President; and they shall make distinct lists
of all Persons voted for as President, and of all Persons voted for as
Vice President, and of the number of Votes for each, which lists they
shall Sign and Certify, and transmit sealed to the Seat of Government

1 Samuel Shepardson.

2 Mr. Page was probably appointed Secretary on this day, but there is
no record of the appointment.

400 Governor and Council — January 1804.

of the United States, directed to the President of the Senate; The Pres-
ident of the Senate shall, in the presence of the Senate and House of
Eepresentatives, open all of the Certificates, and the Votes shall then
be counted: The Person having the greatest number of Votes for Pres-
ident, shall be the President, if such number be a majority of the whole
number of Electors appointed; And if no person have such majority, then
from the Persons having the highest numbers not exceeding three on
the List of Persons voted for as President, The House of Representatives
shall choose immediately, by ballot, the President. But in choosing the
President, the Votes shall be taken by States, the representation from
each State having one Vote; a quorum for this purpose shall consist of
a Member or Members from Two Thirds of the States, and a Majority
of all the States shall be necessary to a choice. And if the House of
Representatives shall not choose a President, whenever the right of
choice shall devolve upon them, before the fourth day of March next
following, then the Vice President shall act as President, as in the case
of the Death, or other Constitutional disability of the President; —

The Person having the greatest number of Votes as Vice President,
shall be the Vice President, if such number be a majority of the whole
number of Electors appointed, and if no person have a majority, then
from the Two Highest numbers on the list, the Senate shall choose the
Vice President; a quorum for the purpose shall consist of two-thirds
of the whole number of Senators, and a Majority of the whole number
shall be necessary to a choice. But no person constitutionally ineligible
to the Office of President, shall be eligible to that of Vice President of
the United States.

Attest John Beckley, Clerk to the House of Eep-

resentatives of the United States.
Sam. A. Otis, Secretary of the Senate of the
United States.

The above proposed amendment was then forwarded by His Excel-
lency the Governor to the House of Representatives.

A Message was received from the House by Mr- Morris informing the
Council that a quorum of the House had met, and were ready to proceed
to business.

On Motion, Mr- Witherell was requested to inform the House of Rep-
resentatives that a quorum of the Council were assembled and ready to
proceed to business.

A letter from the Honble James Elliot Esquire, addressed to the Gov-
ernor, was read, covering a Memorial to the Governor and Council, spe-
cifying the Reasons that governed him in Voting against the proposed
amendment to the Constitution of the United States. It was considered
by Council, that as the subject matter of the amendment was immedi-
ately under the consideration of the Council, it would be improper that
the Memorial should be read.

An Eugrossed Bill, referred from the last Session of the Legislature,
Entitled "An Act appointing a Committee to fix on a permanent Seat for
the Legislature," was read, and on Motion, Resolved, That it be recom-
mended to the General Assembly to refer the consideration of this Bill
to the next Session of the Legislature, and that Mr- Niles be requested
to assign the Reasons to the House.

Adjourned to 2 O'clock P. M.

Two O'clock P. M.

The Honle Asaph Fletcher appeared in Council and took his seat.

A Bill, referred from the last Session of the Legislature, Entitled "An
Act to compel the Managers of the Green Mountain Boad Lottery to

Governor and Council — January 1804. 401

draw the same," was read, and Resolved That the Council do nonconcur
with the House in passing the same, and that Mr Witherell do draught
the Reasons to be communicated to the House.

A Bill, referred from the last Session of the Legislature, Entitled "An
Act assessing a Tax on the County of Essex,1'' was read, & on Motion,
Resolved, That Council concur in passing the said Bill into a Law.

On Motion of Mr- Witherell, Resolved, That the House of Represen-
tatives be requested to furnish the Governor and Council with a Copy
of the Amendment to a certain Article of the Constitution of the United
States, as proposed by Congress at their present Session, together with
a Copy of the official Communications from his Excellency the Governor
on that subject.

Ordered, That the Secretary communicate the foregoing resolution to
the House.

Adjourned to 9 O'clock Tomorrow Morning.

Friday, January 27th- 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

A Bill, referred from the last Session of the Legislature, Entitled "An
Act laying a Tax on Bridgewater," was read, and on Motion, Resolved,
That it be referred to Mess. White and Fletcher.

The Bill, Entitled "An Act appointing a Committee to lay a road from
Clarendon to Dorset," referred from the last Session of the Legislature,
was read, and on Motion, Resolved, That it be committed to Mess. Ga-
lusha and Wheelock with the accompanying Petitions.

The Petition of Zebina Orcutt and others was sent from the House
with the following order thereon, viz.

" In General Assembly Jan?- 26th- [1804.]

Read and Referred to the Members from Rutland County to join with
Council. Att. A. Haswell Clerk."

Which Petition being read, it was Resolved, That Mr Witherell join
the Committee appointed by the House on the aforesaid Petition.

An officer of the House laid on the Table "A Copy of the Amendment
to the Constitution of the United States and of the Communication of
His Excellency the Governor to the House on that subject," agreeably
with a resolution of Council passed yesterday.

A Bill, referred from the last Session of the Legislature, Entitled "An
Act in revival of an Act entitled 'an act granting to Zacheus Peaslee
and others the exclusive privilege of erecting a Wharf &c. at Bur-
lington Bay1 " was read and Resolved, That it be referred to Mess. With-
erell, Galusha and Niles.

On Motion, Resolved, That a Committee be appointed to bring in a
Bill ratifying the article of Amendment, proposed by Congress to be
added to the Constitution of the United States. Resolved, That Mr-
Niles be the Committee.

Adjourned to 2 O'clock P. M.

Two O'clock P. M.

A Bill, Entitled "An Act enabling the Inhabitants of Burke to ratify
their former proceedings," referred from the last Session of the Legis-
lature, was read, and Resolved, That it be Committed to Mr- Loomis.

An Engrossed Bill, referred from the last Session of the Legislature,
Entitled "Au Act appointing a Committee to lay a County Road from
Guildhall to Danville," was read, & Resolved, That it be referred to Mr-
Wheelock.

A Petition from Jacob Stanley, praying to be released from the pay-

26

402 Governor and Council — January 1804.

merit of a certain recognizance, was sent from the House, with the fol-
lowing order minuted thereon, viz.

"Jan? 27th- Read and Referred to Mess. Butler, Shumway & Olds to
join with such Committee as Council may appoint.

Attest A. Haswell Clerk"

Which Petition being read, it was Resolved, That Mr- Shepardson
join the Committee appointed by the House on the said Petition.

The Committee appointed to draught the Reasons of the nonconcur-
rence of the Council on "the Act to compel the Managers of the Green
Mountain Road Lottery to draw the same," reported the following
reasons, which were read and adopted by Council as their reasons for
such nonconcurrence:

Resolved, That the Governor and Council do nonconcur in the Bill
Entitled "An Act to compell the Managers of the Green Mountain Road
Lottery to draw the same &c." for which nonconcurrence the following
reasons are assigned:

1st- That the said Act is calculated to affect the private property of
Individuals, who have not been legally cited to shew cause why it should
not be passed.

2ndiy. Because Council are of opinion, that if said Managers have not
performed their duty, they are liable before a Court of Justice.

Ordered, That the Secretary inform the House of the nonconcurrence
of Council on the aforesaid Bill, with the reasons of it in writing.

A Bill Entitled "An Act declaring the assent of this State to a certain
Article of Amendment to the Constitution of the United States," was
reported by Mr- Niles, read, and on the question shall it pass, the Yeas
and Nays, being required, were as follows: Yeas, Mess. Brigham, Ga-
lusha, White, Spooner, Keyes, Witherell, Wheelock, Chittenden, Niles,
Loomis, Fletcher, & Shepardson — 12. Nays, none. So it passed, unan-
imously, in the affirmative. Ordered, That the Secretary inform the
House of the passing of said Bill in Council and request their con-
currence.

A Bill, referred from the last Session of the Legislature, Entitled "An
Act altering the Line between Morgan and Wenlock," was read, and
on consideration, it was Resolved, That the Council do concur in the
same.

The Committee on the Bill Entitled "An Act appointing a Committee
to lay a Road from Clarendon to Dorset," reported that it ought to pass
with the following amendment, viz. After the word "o/" in the second
line of the Second Page, the words " May next and'''' be erased, and the
following Amendment be added, "September next, and the Selectmen of
the several Towns aforesaid are hereby impowered to set over any old
road, or to proceed in the same way in the assessment of damages as if
the said road had been laid by the Selectmen of such Towns respectively
and such road," which Report being read and accepted, it was on Mo-
tion, Resolved, That the Council concur in passing said Bill as amended
by the Committee.

Adjourned to 9 O'clock Tomorrow morning.

Saturday January 28th- 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

A Bill Entitled " An Act in addition to an act Entitled ' an Act to lay
out a Stage or Post Road from the Court House in Vergennes to the
Court House in Burlington,' passed Feb^ 18th- 1797; and also in addition
to an Act Entitled ' an Act appointing a Committee to lay a Post or

Governor and Council — January 1804. 403

Stage Road from Onion River to Canada line,' " referr'd from the last
Session of the Legislature, was read, and Resolved, That it be commit-
ted to Governor Brigham.

The Committee on the Bill Entitled "An Act enabling the Inhabitants
of Burke to ratify their former proceedings," reported That the same
ought to be amended by striking out the Tittle [title] of the Bill and in-
serting the following in lieu thereof, aAn Act to relieve the Inhabitants
of Burke in a certain case therein mentioned;'' and that after the word
"That" in the second line of the first Section, the whole of the Bill
should be struck out and the following Amendment be inserted in its
room, " The Votes and proceedings of the Inhabitants of the Town of
Burke, had or done in their annual Town Meeting held in 1798, be, and
they shall be, as good and valid in Law to all intents and purposes, as
though such warrant or warning had not been lost as aforesaid;" which
report, being read, was accepted, and, on Motion, Resolved, That the
Council do concur in passing the said Bill with the proposed amend-
ments, and Ordered, That M> Loomis assign the reasons to the House
which governed the Council in adopting the amendments.

An Engrossed Bill, referred from the last Session of the Legislature,
Entitled 'In Act Incorporating the Weathersfield Turnpike Company,"
was read, and Resolved, That it be referred to Govr- Brigham and Mess.
Fletcher and Galusha.

Sundry Petitions from Vershire and Corinth were sent from the
House with the following minuted on each, viz.

u In General Assembly. Jan^ 28th- 1804.

Referred to Mess. Painter, Kitchell, Larabee, Sol0- Wright and Galu-
sha, to join such Committee as the Governor and Council may appoint.

Att. A. Haswell Clerk:1

On Motion, Resolved, That Mess. Chittenden and Spooner do join the
Committee appointed by the House on those Petitions.

The Committee appointed on the Bill Entitled "An Act appointing a
Committee to receive proposals for a Work House," reported that it
ought to be amended by inserting after the word "appointed" in the
eighth line of the first Section, the words " and severally authorized,"
and erasing the words "a Committee" in the same line, and after the
word " State" in the eleventh line of the same Section, by erasing the
remainder of the Bill and inserting the following:

Section 2nd- And any person or persons making such proposals, shall
make the same in writing to either of the aforesaid persons, and such
proposals shall specify the place where they will build, the Dimensions
of the building, the Materials of which they will build, the manner in
which the work shall be executed, the conditions on which they propose
to build and the time when the same shall be compleated. And it shall
be the duty of the persons appointed by this Act, to make report in writ-
ing to this Legislature at their next Session, of all such proposals.

" Section 3rd- And it shall be the duty of the Secretary of State to
cause this act to be published in all the News Papers printed in this
State, three weeks successively, as soon as may be, after the rising of
this Session of the Legislature;"

Which report was accepted, and Resolved, That the Council concur in
passing the last mentioned Bill with the aforesaid amendments, and Or-
dered, That Mr- Galusha assign the Reasons of said Amendments to the
House.

The Committee on the Bill Entitled " An Act in addition to and re-
vival of an act, entitled 'An Act assessing Two Ceuts per acre on the
Town of Westford,' passed Octr- 26th- 1799," reported that the same ought
to pass, which report was not accepted, and on Motion, Resolved, That

404 Governor and Council — January 1804.

the Council do nonconcur with the House in passing the said Bill for
the following reasons, viz.

lstiy. Those who have paid Their Taxes without taking a Receipt for
the same, or who have unfortunately lost such Receipts as they may
have taken, would be exposed to an unreasonable loss, and those who
have preserved their Receipts would be subjected to unreasonable trouble,
by the operation of said Bill should it be passed into a Law.

2ndiy. The proposed provision seems to be needless and useless to any
honest purpose, because the Lands having been sold, the Tax must have
been already collected; the contrary has not even been suggested.

3rdiy. it js apprehended that the operation of such a Law as is pro-
posed might, by an improper change of property, work some impor-
tant wrong.

Ordered, That the Secretary communicate the same to the House.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

On Motion of Mr- Wheelock, leave was given to introduce a Bill Enti-
tled uAn Act Establishing the Goal in the County of Essex a Prison for
receiving and safe keeping Prisoners committed under the authority of
the United States." Resolved, That the consideration of it be referred
to Mess. Wheelock and Sheperdson.

The Bill Entitled " an Act allowing the Defendants and Respondents,
in prosecutions on Libels, to give the Truth of the words contained, <&c."
referred from the last Session of the Legislature, was taken under con-
sideration, and it was Resolved, That the Governor and Council do non-
concur with the House in passing the said Bill for the following reasons,
viz.

" In Civil prosecutions it has been the settled practice of our Courts
to admit the truth of the words contained in such Libels to be given in
Evidence: That, therefore, the Law in its present situation is sufficient.

"Again, The spirit of our State Laws, now existing, being so con-
genial to the same practice in criminal prosecutions, together with [the]
nature and principles of our Constitution and Government, it is thought
are considerations which will be sufficient to govern our Courts in ad-
mitting the same practice in such prosecutions as fully as in civil ones.
And,

Again, as there has been no prosecutions of the kind in our State, and
under State Laws, and as it is not known that any cause of action now
exists, and further, that as little innovations in our Civil or Criminal
code of Laws as possible ought allways to be observed —

Ordered, That the Secretary communicate the foregoing reasons of
the nonconcurrence of Council to the House.

The Petition of Roger Williams, praying for au Act of Insolvency, was
sent from the House with the following order thereon, viz.

" Jan^ 28th- Read and Referred to Mess. Leland, Butler and Baker to
join with Council. Att. A. Haswell Clerk."

Which Petition being read, it was Resolved, That Mr- Niles do join the
aforesaid Committee from the House.

On Motion, Gov- Brigham had leave to introduce a Bill Entitled "An
Act to prevent Persons from digging up the Bodies of dead People,"
which Bill being read, it was Resolved, That it be committed to Govr-
Brigham and Mess. Witherell and Sheperdson.

Adjourned to 9 O'clock on Monday morning.

Governor and Council — January 1804. 405

Monday January 30th- 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

A Bill, passed in the House of Eepresentatives, Entitled, " An Act
in addition to an Act entitled 'an Act regulating Town Meetings,' " was
sent up for Eevision, Concurrence or proposals of amendment, and be-
ing read, it was on motion Resolved, That it be committed to Mr Keyes.

The Committee to whom was referred a Bill Entitled "An Act dis-
charging Abel Spencer and James Claghorn from the payment of a cer-
tain "note therein mentioned," reported that it ought to pass with the
following amendment, after the words "An Act" in the first line of the
Title of the Bill, to strike out the whole of the Bill and insert the fol-
lowing in lieu thereof, viz. "Granting relief to Abel Spencer and James
Claghorn in a certain case therein mentioned. Section 1st It is hereby
enacted by the General Assembly of the State of Vermont, That Abel
Spencer and James Claghorn are hereby released and discharged from
the payment of a certain Note given to the Treasurer of this State for
a fine and cost of Suit arising from a prosecution had by this State
against Solomon Spafford in the year 1791, except so much of said Note
as was given for the payment of Cost. Provided nevertheless, That if
the said Abel and James do not pay to the State's Attorney of Rutland
County so much of said Note as was given for said Cost, by the first day
of Mfcy next, they shall take no benefit by this act;" which report was
accepted, and Resolved, That the Council concur in passing the said Bill
as amended, and Ordered, That Mr Witherell assign the reasons of the
Amendments to the House of Representatives on the aforesaid Bill.

The Committee on the Bill Entitled "An Act establishing the goal of
the County of Essex a prison for receiving and safe-keeping prisoners
committed under the authority of the United States," reported that it
ought to pass, and it was Resolved, That the same do pass, and Ordered,
That it be engrossed and sent to the House of Representatives for their
revision, concurrence or proposals of amendment.

The Petition of Nathan Callendar was sent up from the House with
the following order minuted thereon, viz.

" In General Assembly Jan? 30th' 1804.

Read and Referred to Mess. W. Perry, McCumber and Holmes to join
with Council. Att. A. Haswell Clerk."

Which was Read, and Resolved, That Mr Chittenden do join the Com-
mittee appointed by the House of Representatives.

Also, The Petition of Franklin, Robinson & C°- & Wm Tourney, pray-
ing for a Hearing before Commissioners on the Estate of Gideon Bron-
son [Brownson] deceased, with the following order thereon, viz.

" Jany 30th- 1804. Read and Referred to Mess. B. Emmons, Hunt,
Butler, Harvey & Hendee, to join such Committee as the Council may
appoint. Attest A. Haswell Clerk."

Resolved, That Gov1*- Brigham & M1'- Loomis do join the aforesaid
Committee from the House.

On Motion of Mr- Witherell, he had leave to introduce a Bill Entitled
"An Act to empower the Widow Ann Taylor, late the Widow Ann
Miller, Executrix of Eleazer Miller, to sell land in Hubbardton," which
Bill was read and considered, and on Motion, Resolved, That the said
Bill do pass, and Ordered, That it be engrossed and sent to the House
of Representatives for their Revision, concurrence or proposals of
Amendment.

On Motion, Mr- Witherell had leave to introduce a Bill Entitled "An
Act in addition to an act Entitled 'an act constituting the Supreme
Court of Judicature and County Courts, defining their powers and regu-
lating judicial proceedings,' " which was read and after consideration it

406 Governor and Council — January 1804.

was Resolved, That said Bill do pass, and Ordered, That it be engrossed
and sent to the House of Representatives for their Revision, concurrence
or proposals of amendment.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Committee on the Bill Entitled "An Act in addition to an Act
Entitled kan Act to lay out a Stage or Post Road from the Court House
in Vergennes to the Court House in Burlington,' Passed Feb^ 18th- 1797,
and also in addition to an Act Entitled 'an Act appointing a Committee
to lay a Post or Stage Road from Onion River to Canada Line,' " re-
ported that it ought to pass with the following amendment: by erasing
the Third line from the Bottom of the Bill and insert in lieu thereof the
following words, viz. "From the Town Treasury of the Town of Bur-
lington, if the Town will vote to pay it, if not they shall be paid by the
Persons applying to them to do the service," which report being ac-
cepted, it was on Motion Resolved, That the Council concur in passing
the said Bill as amended, and Ordered, That Govr- Brigham assign the
reasons of such amendments to the House of Representatives.

The Petition of John McNeil was sent up from the House of Repre-
sentatives with the following order minuted on it, viz.

"In Gen1- Assembly, Jan^ 30th- Read and referred to Mess. John
Shumway, Cruttenden, Spooner, Isham & Brigham to join such Com-
mittee as Council may appoint. Att. A. Haswell Clerk.'''1

Which being read, it was Resolved, That Mess. Spooner and Fletcher do
join the Committee appointed by the House on the aforesaid Petition.

A Bill passed in the House of Representatives, Entitled "An Act for
the relief of Alexander Young," was sent up to Council for their revision
&c. which Bill was read, and Resolved, That it be committeed to Mess.
Witherell, Loomis & Nilcs.

Also, A Bill Entitled "An Act appointing a new Collector of a Land
Tax in Montgomery;" which was read and on Motion Resolved, That it
be referred to Mr- Chittenden.

Also, A Bill Entitled "An Act in addition to an Act Entitled 'An Act
regulating Town Meetings and the choice and duty of Town Officers;'"
which, after being read and considered, it was Resolved, That the Coun-
cil concur with the House of Representatives in passing the said Bill.

A Bill, referred from the last Session of the Legislature, Entitled "An
Act incorporating certain Persons therein Mentioned by the name of
the Franklin County Turnpike Company," was read, and on Motion, Re-
solved, That it be recommended to the House of Representatives to
refer the consideration of this Bill to the next Session of the General
Assembly. Ordered, That the Secretary communicate the foregoing
resolution to the House of Representatives.

Adjourned to 8 O'clock Tomorrow morning.

Tuesday, January 31st- 1804, 8 O'clock A. M.
The Council met pursuant to adjournment.
A Written Message was sent up from the House as follows:
"Jan? 30th- 1804, 4 O'clock A. M.1 The question being put, will the
House concur with Council in passing the Bill ratifying the Amendment

i Either P. M. of the 30th, or A. M. of the 31st, The House went
into committee of the whole at 2 P. M. of the 30th; and debated the
question largely.

G-overnor and Council —January 1804. 407

of the Constitution, agreeably to the recommendation of the Congress
of the United States: It passed in the Affirmative, Yeas 93— Nays 64.

Attest A. Haswell Clerk"

The Committee to whom was referred the Bill Entitled "An Act for
the relief of Alexander Young," reported that the same ought to pass,
with the following provisionary clause to be added to the Bill as an
amendment: "Provided nevertheless, That nothing in this act shall be
construed to affect the right of any Person or Persons to said Premises
which have accrued since the said conveyance of the said Frazier to the
said John Young;" which report was accepted, and on Motion, Resolved,
That the Council do concur in passing the said Bill as amended, and
Ordered, That Mr Galusha acquaint the "House of Representatives with
the Reasons that governed Council in adopting the aforesaid amend-
ment.

Mr James Fisk communicated the following message from the
House:—

"In General Assembly Jan? 31. "An act allowing the Defendants and
Respondents in prosecutions on Libels to give the Truth of the Words
contained " &c. was read, and Resolved, That the House do not concur
with the Council, and that Mr- Ja8- Fisk be requested to wait on Council
and inform the reasons of their nonconcurrence.

Att. A. Haswell, Clerk."

And after verbally assigning the Reasons, he withdrew.

Ordered, That the said Bill lie on the Table for further consider-
ation.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

The Petition of the Selectmen of Wolcott was sent up from the House
with the following order thereon, viz.

"Jan>' 31st' 1804. Referred to a Committee of five; Members chosen,
Mess. Hinman, Olds, Stevens, R. Parker and Potter, to report by Bill
or otherwise. Committee to join with Council.

Att. A. Haswell Clerk."

Which was read, and Resolved, that Mess8- Sheperdson and Fletcher
do join the Committee appointed by the House on the said Petition.

Also, Seven Petitions from a number of the Inhabitants of the Towns
of Hardwick, S1- Johnsbury, Hyde-Park, Johnson, Walden, Waterford,
Danville, and from sundry Inhabitants of Franklin County, with the
following minuted on each:

"Jan> 31st- Read and Referred to the Committee on the Wolcott Pe-
tition. Attest A. Haswell Clerk."

Resolved, That they be referred to the Committee on the Wolcott
Petition.

A Bill, referred from the Last Session of the Legislature, Entitled
"An Act in addition to and amendment of an act for regulating and
governing the Militia of this State," was read, and Resolved, That it be
recommended to the House of Representatives to refer the considera-
tion of this Bill to the next Session of the Legislature, and that Mr- Ga-
lusha be requested to wait on the House and assign the Reasons.

On Motion, Mr Keyes had leave to introduce a Bill Entitled "An Act
in addition &c. to an act Establishing the Connecticut Turnpike Com-
pany;" which was read and on Motion Resolved, That it be committed
to Mess. White & Wheelock.

The Bill Entitled "An Act allowing the Defendants and Respondents
in prosecution on Libels to give the Truth of the Words Contained &c."
returned yesterday from the House nonconcured, was again taken
under consideration, and on Motion, Resolved, That the Council do

408 Governor and Council — February 1804.

rescind from their nonconcurrence on this Bill of the 28th- In1- and that
they do concur in passing the said Bill with the following amendments,
after the word "Libel" in the fifth line of the first Section, erase to the
words "may plead," in the ninth line of the same Section, except the
words "the Respondent," in the eighth line — and Ordered, That Mr Ga-
lusha inform the House of the Reasons of Council in adopting the pro-
posed amendment to the said Bill.

Two Bills, laid over to this Session by recommendation of Council,
one Entitled "An Act to incorporate a Bank at Burlington;" the other
Entitled "An Act to incorporate a Bank at Windsor;" were sent up
from the House with the following order minuted on each:

In General Assembly Jan 31st' 1804.

Read and Referred to Mess. Olin, B. Emmons, Jas- Fisk, Hay & Whit-
ney to join &c. Att. A. Haswell Clerk."

And on Motion it was Resolved, That Mess. Sheperdson and Keyes
do join the Committee appointed by the House.

Adjourned to 9 O'clock Tomorrow morning.

Wednesday, February 1st' 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

The following resolution was sent up from the House, viz.

"In General Assembly, Jany 31st-

Resolved, the Governor and Council concurring therein, that both
Branches meet in the Representatives' Room, at the opening of the
House tomorrow afternoon, for the purpose of making such further ap-
pointments of Justices of the Peace in the several Counties in the State
as may be necessary. Att. A. Haswell Clerk."

Which being read, it was on Motion Resolved, That the Council con-
cur in the foregoing resolution.

A Petition for a Turnpike Road from Newbury to Peacham was sent
up from the House with the following minuted thereon:

44 Jan^> 31. Read and Referred to [a] Committee of five to join with
Council, Mess. Hendee, Shafter, Joel Marsh, T. H. Parker and D. Tut-
hill. Attest A. Haswell Clerk."

On Motion Resolved, That Mess. Chittenden and White do join the
aforesaid Committee from the House.

Also, Five other Petitions were at the same time received from the
House, one from the Inhabitants of Barnet. for a County Road; one
from Wait Rathburn and others; one for a Turnpike Road from Burlington
to Montpelier, one for a Turnpike Road from Wells River to Canada
line; and one other for a Turnpike Road from Newbury to Danville,
with the following order on each, viz.

44 Jany 31st- 1804. Read and Referred to the Committee on the Peti-
tion [for a road] from Newbury to Peacham.

Att. A. Haswell, Clerk."

On Motion, Resolved, That they be referred to the aforesaid Com-
mittee.

The following resolution was sent up from the House of Representa-
tives, viz.

" In General Assembly Jany 31st- 1804.

Resolved, The Governor and Council concurring therein. That His
Excellency the Governor be, and he hereby is requested to transmit to
the President of the United States, uuder the seal of this State, a copy
of the Act Entitled "An Act declaring the consent of this State to a
certain Article of Amendment to the Constitution of the United States,"

Governor and Council— February 1804. 409

passed the present Session of the Legislature, to be communicated to
the Senate and House of Representatives of the Congress of the United
States. Attest A. Haswell Clerk."

Which being [read,] it was, on Motion, Resolved, That the Council
concur in the foregoing resolution.

The Petition of Mary Whitney was sent from the House with the fol-
lowing minuted thereon, viz.

" In General Assembly Jan^ 31st-

Read and Referred to Mess. Finney, Bigelow & Leland to join such
Committee as Council may appoint. Att. A. Haswell Clerk.''1

On Motion, Resolved, That Mr Galusha do join the Committee ap-
pointed by the House on the said Petition.

The Committee on the Bill Entitled "An Act reviving 'an Act grant-
ing to Zacheus Peaslee and others the Exclusive priviledge of erecting
a Wharf &c. at Burlington Bay,' " reported that the Bill ought to pass
with the following amendments: after the figures "1803" in the third
line of the Preamble, erase the remainder of the Preamble and insert
as follows, " without said meeting being holden, whereby said Proprie-
tors have lost all the benefit of said Act;" and add the Two following
Sections:

" Section 2nd- And it is hereby further enacted, That the Exclusive
right of keeping said Wharf and Store in the same manner as is con-
templated in and by said Act, is granted and extended to the said Zach-
eus Peaslee, Samuel Hicock, Thadeus Tuttle, Moses Catlin, Ebenezer
T. Englesby and their associates, for the Term of five Years from and
after the Expiration of the said Twenty five Years, mentioned in said
Act, under the same provisions, regulations and restrictions as is pro-
vided and directed in and by said Act for the said Twenty five Years.

" Section 3rd- And it is hereby further enacted, That the said Corpo-
ration hold their first Meeting at the Coui t-House in said Burlington on
the first Monday of March next, and they are hereby fully authorized to
transact all and singular the business which they were impowered to in
and by said Act at their proposed first Meeting on the first Monday of
January 1803 " — which report was accepted and it was Resolved, That
the Council do concur with the House in passing the aforesaid Bill with
the proposed Amendments, and Ordered, That Mr- Galusha acquaint the
House with the Reasons of such Amendments.

Adjourned to 2 O'clock P. M.

2 O'clock P. M.

Mr S. Shaw delivered the following Message from the House:

" In General Assembly Jan^ 28.

An Act to compel the Managers of the Green Mountain Road Lottery
to draw the same," was read, with the reasons of Council for nonconcur-
rence, which not being concurred by the House, the Bill was ordered to
lie on the Table. Jan^ 31st Read and Referred to the House at the
opening of the House in the afternoon. Feb? 1st- Read a second time,
passed and ordered that it be sent to the Governor and Council by a
member for revision, concurrence or proposals of amendment. Mem-
ber chosen Mr- S. Shaw. Att. A. Haswell Clerk"

And after verbally assigning the reasons of such nonconcurrence he
withdrew — And on Motion, it was Resolved, That the Council do res-
cind from their nonconcurrence on the aforesaid Bill of the 26 Jan^ and
that it be referred to Mr- Witherell.

The following Resolution was sent up from the House, viz.

"Resolved, The Governor and Council concurring herein, That the
Governor and Council meet the House of Representatives in the Rep-
resentatives' Room on Monday next at 2 O'clock P. M. for the purpose

410 Governor and Council — February 1804.

of adjourning the Two Houses of the Legislature without day," with
this minuted thereon : Feb? 1st 1804, " Read, the preamble dismissed, l
and the resolution passed into a resolution of the House.

Att. A. Haswei/l Clerk."

Which was read, and Resolved, That the Council do concur in the
aforesaid resolution with a proposed amendment — Insert Friday in lieu
of "Monday" in the Fourth line of the resolution. Ordered, That Mr
Witherell assign the reasons to the House for such amendment.

A bill, passed in the house of Representatives, Entitled " An Act au-
thorizing the Governor of this State to Issue a new Charter to Mont-
pelier," was sent up to the Council for revision, concurrence, or proposals
of amendment, and after being read and under consideration, it was
Resolved, That the Council do concur in passing the aforesaid Bill.

A Letter from His Excellency the Governor was read as follows:

" Windsor Feb? 1st- 1804.

" Gentlemen of the Council. — From the Extensive limits assigned to the
Second Brigade of the Third Division of our Militia, and the number of
Regiments it contains, and for the purpose of order and convenience —
I conceive it my duty, in pursuance of the powers vested in me, provi-
ded it shall meet with advice of Council, to order, That the Tract or
Territory now comprehending the Second Brigade in the Third Divis-
ion of our Militia shall be divided into Two Brigades in the following
manner, viz.

The Said Second Brigade shall be formed from all the Militia of the
Towns of Al burgh, North Hero, and the Isle of Motte in the County of
Franklin, and of all the Towns in the Countv of Chittenden, excepting
the Towns of Milton, Westford and Underbill— And That a Third Brig-
ade in said Division shall be formed from all the Militia of the Towns
of Milton, Westford and Underhill in the County of Chittenden, and of
all the Militia included in the County of Franklin Excepting the Towns
of Alburgh, North Hero and the Isle of Motte, and shall be known and
distinguished as a Third Brigade in the Third Division of our Militia.

(Signed) Isaac Tichenor."

Which Letter and communication, after being duly considered, It was
on Motion, Resolved, That it is the advice of Council That his Excel-
lency make the arrangements in the Militia agreeably to the manner
prescribed in the foregoing Letter.

The Committee on the Bill Entitled " An Act appointing a new Col-
lector of a Land Tax in Montgomery," reported that the same ought to
pass, which report was accepted, and Resolved, That the Council concur
in passing the aforesaid Bill.

The Governor and Council, agreeably with a resolution of both
Houses, joined the House of Representatives in their Room, and after
transacting the Business of their meeting,2 the Committee was dis-
solved, and the Governor and Council returned to their Chamber and
resumed the consideration of Business.

A Bill, passed in the House of Representatives, Entitled " An Act to
revive ' an Act laying a tax on Williston,' " was sent up for Revision &c.
and after consideration it was Resolved, That the Council do concur in
passing the said Bill.

xThe preamble declared that the previous regular session had been
uncommonly long, the important business of the adjourned session acted
on, and that "economy and public opinion" called loudly for a short
session.

2 The appointment of sundry justices of the peace.

Governor and Council — February 1804. 411

The Committee on the Bill Entitled "An Act appointing a Committee
to lay a County Road from Guildhall to Danville," reported that it ought
to pass, and it was Resolved, That the Council concur in passing the
same into a Law.

A Message was received from the House by Mr Hay, viz.

" In General Assembly February 1st- 1804.

The Amendment proposed by the Council to the resolution of ad-
journment was read and resolved, that the House do not concur in the
Amendment proposed, and Mr- Hay requested to return the same and
assign the Reasons. Attest A. Haswell, Clerk."

And after he had communicated to Council the Reasons of the House
he withdrew.

The Petition of Humphrey Eldridge, praying for Pardon and Remis-
sion of Punishment, was read, and Resolved, That the said Petition be
referred to Mess. Galusha and Shepherdson to report by Bill or other-
wise.

Adjourned to 9 O'clock Tomorrow Morning.

Thursday, February 2nd- 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Committee on the Bill Entitled a An act Incorporating the
Weathersfield Turnpike Company," reported the following amend-
ments : After the word '-enjoy" in the thirteenth line of the first Sec-
tion, insert the following words, " For the Term of Thirty five Years ■ "
after the word "Corporation" in the fourth line of the Third Pao-e,
insert the words "under oath;" Erase the whole of the provisionary
clause in the Second Section ; After the word " Cents^ in the Thir-
teenth Line from the Top of the fifth Page, insert the following words,
"For every Sleigh Drawn by one Horse Ten Cents, and for each addi-
tional Horse Two and an half Cents, for every sled drawn by Two Oxen
Twelve and an half Cents, and for each additional Beast Three Cents • "
After the word " Concerns" in the Eleventh line of the Sixth Page and
Third Section, erase to the second provisionary Clause in tlnT same
Section ; after the word "That" in the first Line of the Second Provis-
ionary clause on the Seventh Page, insert the words, " after said Gate
shall have been erected;" after the word "direct" in the second line
and eighth Page, erase to the end of the Section and Insert, "Said Gate
to be removed to such other place on said Turnpike Road as the said
Court shall designate, in and by such order, and if said Corporation shall
presume to keep any Gate except at such place as the Court shall order
as aforesaid, after Twenty days from the Time said Corporation shall be
notified of such order, this Grant shall be forfeited ; " In the Nineteenth
Line of the Seventh Section erase the words " Five Dollars" and Insert
"five fold Tollage" in lieu thereof; Erase the word "December" in the
Fifth Line of the Tenth Section and Insert the word " March •" Erase
the whole of the Twelfth Section to the Provisionary Clause and Insert
the following, " Section 12th- And it is hereby further enacted, that at
the end of Thirty five Years from and after the passing this act the
said Corporation shall be dissolved, and the said Turnpike Road 'shall
become the Property of the State, and be at their Disposal ; " And erase
the thirteenth Section— which report was accepted, & Resolved, That
the Council do concur with the House in passing the aforesaid Bill, with
the proposed amendments ; and Ordered, That Gov. Bri^ham inform
the House of the Reasons which governed Council in adopting the pro-
posed amendments.

412 Governor and Council — February 1804.

The Committee on the Bill Entitled "An Act laying a Tax on Bridge-
water," reported that, having examined into the situation of said Town,
it was their opinion it ought to pass, which being considered by Council,
it was on Motion Resolved, That the Council do concur with the House
in passing the said Bill into a Law.

The Committee appointed on Humphrey Eldridge's Petition, praying
for Pardon and remission of Punishment, reported that the following
be adopted by Council as their Resolution on the subject of the said
Petition, which after consideration was adopted by Council and Ordered,
That the Secretary enter it on the Journals.

"In Council February 2d> 1804.

Present, His Excellency Isaac Tichenor Governor, His Honor Paul
Brigham J> Governor, Councillors The Hon1- Jonas Galusha, John
White, Eliakim Spooner, Elias Keyes, James Witherell, Ebenezer
Wheelock, Noah Chittenden, Nathaniel Niles, Beriah Loomis, Samuel
Sheperdson & Asaph Fletcher Esquires.

The Council took under Consideration the Petition of Humphrey El-
dridge of Pownal, who states, That at a County Court holden at Ben-
nington, within and for said County, on the Third Monday of December
1803, he was convicted on an information tiled against him by the State's
Attorney of Bennington County for aiding and assisting one William
Boys, then confined in the Goal of said County at Bennington, in break-
ing said Goal, whereby the said William made his escape : and by the
Judgment of said Court on such conviction was sentenced to Imprison-
ment six Callender Months in the Goal of said County, and to pay a fine
of Twenty live Dollars and Cost of prosecution taxed at Twenty
four Dollars and Twenty four Cents and stand committed until Judg-
ment shall be complied with ; and that he is now imprisoned in the
Goal at Bennington, under the sentence of said Court, That from his ina-
bility to discharge the fine and cost imposed upon him, and for other
reasons stated in his Petition, He humbly prays the Governor and Coun-
cil to grant him a Pardon of his Sentence of Imprisonment, and to remit
to him the Fine and cost inflicted as aforesaid — Whereupon, after a full
hearing, The Council do order and adjudge, That the said Humphrey
Eldridge be and hereby is pardoned and released from the sentence of
said Court, so far as respects the remainder of the Imprisonment, for Six
Callender Months, not yet by him suffered and complyed with — And the
Sheriff of our County of Bennington, and all others, will take notice
hereof and Govern themselves accordingly."

On Motion, Resolved, That the Council do rescind from their pro-
posed Amendment on the 1st. of Febr^ on the Resolution of the House
of the same day proposing that the Council should meet the House in
the Representatives' Room on Monday next, for the purpose of adjourn-
ing the Two Houses of the Legislature without Day, and that they do
concur therein.

A Bill, passed in the House of Representatives, Entitled "An Act in
addition to and in Explanation of an Act Entitled 'an Act constituting
the Supreme Court, &e.' " was sent up to Council for their revision &c.
which was read, and on Motion, Resolved, That it be referred to Mess.
Loomis and Galusha.

Also, A Bill, Entitled "An Act to Incorporate a Third Medical Soci-
ety in the State of Vermont," which was read, and Resolved, That it be
committed to Mr- Witherell.

Adjourned to 2 O'clock P. M.

2 Oclock P. M.

The Petition of John McNeil was again sent up from the House of
Representatives with this order minuted thereon:

Governor and Council — February 1804. 413

"Feby 2nd' 1804. The Committee reported hereon against the prayer
thereof, was read and recomitted to former Committee to join &c.

Att. A. Haswell Clerk."

On Motion, Resolved, That the Council do join in the above reference.
Two Bills passed in the House of Representatives, one Entitled " An
Act remitting a Sum of money to the Town of Tinmouth," the other
"An Act remitting a sum of Money to the Town of Benson," were sent
up to Council for revision, Concurrence or proposals of Amendment,
which was read, and on Motion Resolved, That the Council concur in
passing the aforesaid Bills.

The Committee on the Bill Entitled "An Act Establishing a Third
Medical Society in the State of Vermont &c." reported that the Title be
altered so as to read "An Act to incorporate a Third Medical Society in
the State of Vermont;'1 and that the words " and parts adjacent" in the
fourth and fifth lines of the first Section be erased, and the following
Section be added—" Section 5th- And it is hereby further enacted, That
the said Third Medical Society shall have a common seal, and have a
right to hold and possess, by purchase or otherwise, property to the
Amount of Two Thousand Dollars, and their first Meeting shall be hol-
den at the Court House in Se- Albans in the County of Franklin, on the
Second Monday of May next," — which report was accepted, and it was
Resolved, That the said bill be concurred in, with the Amendments pro-
posed by the Committee as above, and Ordered, That Mr- Witherell in-
form the House of the Reasons of the Amendments.

A Bill, passed in the House of Representatives, Entitled "An Act
remitting a sum of Money to the Town of Weathersfield," was sent up
for Revision &c. and being read and considered, it was Resolved, That
the Council concur in passing the said Bill.

The Committee to whom was referred the Bill Entitled "An Act
against disturbing the remains of the Dead," reported that it ought to
pass, and it was Resolved, That the said Bill do pass, and Ordered, That
it be engrossed and sent to the House of Representatives for their Re-
vision, Concurrence or proposals of Amendment.
The following resolution was read by His Excellency the Governor:

" In Council Feb?- 2d- 1804.
Whereas the Governor, by and with the advice of Council, has ordered
that a Third Brigade be formed from the second Brigade of the Militia
of the Third Division comprehending The Towns of Milton, Westford
and Underhill in the County of Chittenden, and the County of Franklin
excepting the Towns of Alburgh, North Hero and the Isle of Motte,
to be known and distinguished by the [name of the] Third Brigade in
the Third Division— Resolved, The House of Representatives concur-
ring therein, that the Two Houses meet in joint Committee tomorrow
morning at Ten o'clock in the House of Representatives for the purpose
of Electing a Brigadier General of the said Third Brigade — and after
consideration, Resolved, That it be a resolution of the Council, and
Ordered, That the Secretary communicate the same to the House.

A Bill, passed in the House of Representatives, Entitled "An Act in
addition to 'an Act laying a Tax of four Cents per acre on the Town of
Jamaica,' " was sent up to Council for revision &c. which was read, and
on Motion, Resolved, That it be referred to Mr- Sheperdson.
Adjourned to 9 O'clock Tomorrow morning.

Friday February 3rd- 1804, 9 O'clock A. M.
The Council Met pursuant to adjournment.

The Committee on the Bill Entitled "An Act to compel the Managers
of the Green Mountain Road Lottery to draw the same," reported the

414 Governor and Council — February 1804.

following Amendment — After the word "Directed," in the Third line
of the Act, erase the remainder of the act and insert the following in
lieu thereof: "To proceed publickly to compleat the Drawing of said Lot-
tery in good and legal form, agreeably to the scheme by them heretofore
published, by the first day of May next; and that they give notice of the
time when and the place where they will attend to compleat the Draw-
ing of said Lottery in good and legal form, agreeably to the scheme by
them heretofore published, by the first day of May next; and that they
give notice of the time when and the place where they will attend to
compleat the Drawing of said Lottery by publishing the same in the
Vermont Gazette at least two weeks before the time appointed for such
Drawing, and it shall be the duty of the said Managers to publish a true
list of all the prizes allready Drawn, and of all those that shall hereafter
bo drawn in said Lottery, and the Numbers to which they are respec-
tively drawn, in the aforesaid Gazette, by the first Day of June next.
And if the said Managers shall neglect to publish and draw the said
Lottery in manner as is hereinbefore directed, they shall forfeit all the
priviledges contained in the act granting said Lottery, and be further
liable to pay to the purchasers of any Ticket in said Lottery the full
price of said Ticket, with Interest from the Time of purchase.

"Section 2nd- And it is hereby fuyther enacted, That if any Person or
Persons are indebted to the said Managers for any Ticket or Tickets by
Note or otherwise, and the same remain unpaid for the Term of Thirty
days from and after the publication of the prizes drawn in said Lottery as
aforesaid, such Debtors shall be liable in an action brought to recover pay-
ment for such Tickets sold as aforesaid, to pay Cost as is by Law directed
in other civil actions."

On the acceptance of which report the Yeas and Nays, being required
by Mr- Niles, were as follows : Yeas 8 — Gov. Brigham, Mess. Galusha,
White, Spooner, Witherell, Wheelock, Chittenden & Loomis. Nays 3 —
Mess. Niles. Sheperdson and Fletcher. So the report was accepted —
and Those who voted in the Negative entered the following Protest
against adopting the said Keport, viz.

We, the undersigned Members of Council, find ourselves compelled to
enter on the journals of the Council our solemn dissent from the vote of
Council adopting the foregoing paragraph as an amendment to the Bill
now under consideration, for the following reasons —

1st- Because this Amendment, should it be passed into a Law, would
virtually reward the managers for having contravened one palpable ob-
ject of the Legislature, implied in the Law under which, alone, they, the
said Directors, could execute and vend Tickets; namely, that their
Tickets should not be sold on credit.

2ndiy. Because, should it pass into a Law, this amendment may operate
in violation of Contracts, since a legal exemption from Costs may have
been one part of the consideration on which such contracts were made.

These reasons seem to be clearly explained and fully substantiated by
the act to which reference is had in the Bill now amended, which enacts,
"that no Defendant shall be liable to pay any cost in any action brought
to recover pay for said Tickets, unless he appeals from the Judgment
that may be rendered against him." Here the purchasers are assured,
by a most solemn act of Government, that they shall not be exposed to
pay any cost, and yet, should this bill pass iuto a Law, it directly exposes
them to such Cost.

(Signed) Nathl Niles,

Asaph Fletcher,
Samuel Sheperdson.

Governor and Council — February 1804. 415

On Motion Resolved, That the Council concur in passing the afore-
said Bill with the Amendments proposed, and Ordered, That Mr- Ga-
lusha acquaint the House with the Reasons which governed Council in
adopting those amendments.

On the passage of the last mentioned Bill into a law, Mess. Niles &
Fletcher entered on the journals the following dissent, viz.

We, the undersigned members of Council, find ourselves Compelled to
enter our solemn dissent from the Vote of the Council enacting the fore-
going Bill into a law of this State, for the following reasons, in addition
to those for which we dissented from the Vote adopting the Amendment
thereto — 1st Because the Bill imposes new and additional duties on the
Managers, after they have taken on themselves the Management of the
Lottery, under the provisions, duties, restrictions and immunities by
law solemnly established. 2ndly- Because, if any wrong has taken place
in the management of the Lottery, which this Bill respects, the judicial
Department is, and alone is, competent to afford a constitutional redress.

(Signed) Nathl- Niles,

Asaph Fletcher.

Tee Committee on the Bill Entitled "An act in addition to 'an Act
laying a Tax of four Cents pr- acre on the Town of Jamaica,' " reported
that it ought to pass, and it was Resolved, That the Couneil do concur
in passing the said Bill into a Law.

A Bill Entitled "an Act giving to John McNeil and Charles McNeil
equal priviledges in keeping ferries across Lake Champlain &c." was
sent from the House with the following order thereon :

" In General Assembly Feb^ 2d 1804.

Read and Referred to the Committee on the Petition of John McNeil
to join. Att. A. Haswell Clerk."

On Motion Resolved, That the Council concur in the aforesaid Refer-
ence.

A Bill, passed in the House of Representatives, Entitled " An Act
restoring Joseph Ackley to his law," was sent up to Council for their re-
vision, concurrence or proposals of amendment — which after being read,
it was Resolved, That it be referred to Mess. Keyes, Loomis and Galusha.

The Committee on the Bill Entitled " An Act in addition to an Act
Entitled ' an Act in addition to an act Incorporating the Connecticut
River Turnpike Company,' " reported that as the substance of the act
has not been published according to Law, that it be dismissed, and on
Motion it was Resolved, That the aforesaid Bill be dismissed.

A Message was sent up from the House informing the Council that
they had concurred with Council in the Resolution to meet in joint Com-
mittee to make Choice of a Brigadier General of the Third Brigade and
Third Division of the Militia. The Council proceeded to the Represent-
atives' Room, and after transacting the Business of the joint Meeting
returned to their Chamber and adjourned to 2 O'clock P. M. x

2 O'clock P. M.

A bill, passed in the House of Representatives, Entitled "An Act to
enable the Proprietors and Landowners in the town of Essex to divide
their lands into severalty," was sent up to the Council for their Revision
&c. which after being read, it was resolved, That it be referred to Mess.
White and Niles.

Also, A Bill Entitled "An Act appointing a new Member of a Com-
mittee of a Land Tax on M* Holley," which was read and Resolved,
That it be referred to Mr- Spoon er.

Also, A Bill Entitled "An Act in addition to an Act Entitled, 'An act

1 Levi House was elected Brigadier General.

416 Governor and Council — February 1804.

regulating Town meetings &c." which was likewise Read and on Motion
Resolved, That it be referred to Mess. Sheperdson and Fletcher.

On Motion, Mr Wheelock had leave to introduce a Bill Entitled "An
Act in addition to an act Entitled 'An act to prevent unnecessary Law-
suits, and to regulate the Taxing of Cost in certain Cases therein men-
tioned,' Passed Nov 8-th- 1798," which was read and on motion Resolved,
That it be committed to Mess. Witherell & Chittenden.

A Bill, passed in the House of Representatives, Entitled "An Act
directing ths Treasurer to pay the Debenture of the Legislature of this
State at their present Session," was sent up for revision &c. — after
being read, it was on Motion Amended, by striking out the Interlinea-
tion between the fifth and sixth lines from the Bottom, viz. "bear an
Interest of 6 pr- C*- pr- anuum, and," passed to a second reading as
amended, and Resolved, That the Council do concur in passing the Bill
as amended, and Ordered, That Mr- White assign the reasons of such
amandment to the House.1

A Bill, passed in the House of Representatives, Entitled "An Act
altering the name of Bromley to that of Peru," was sent up to Council
for revision &c. and being read, it was Resolved, That the Council do
concur with the House in passing the aforesaid Bill.

The Committee appointed on the Bill Entitled "An Act in addition
to an act Entitled 'An Act to prevent unnecessary Lawsuits &c.' " re-
ported that it ought not to pass, and it was Resolved, That the said Bill
be dismissed,

The Bill Entitled "An Act directing the Treasurer to pay the Deben-
ture of the Legislature of this State at their present Session," was again
sent up from the House by Mr- A. Marsh with the following resolution
thereon:

"Feby3d- Read, and on Motion, Resolved, That the House do not
concur with the Governor and Council, and that Mr- Marsh be requested
to inform them of the Reasons of the House for their nonconcurrence.

Attest A. Haswell Clerk."

And after verbally assigning the Reasons, he withdrew, and on Mo-
tion, it was Resolved, That the Council do rescind from their proposed
amendment to this Bill, and that they concur in passing the same. Or-
dered, That the Secretary acquaint the House therewith.

A Bill, passed in the House of Representatives, Entitled "An Act to
authorize the Supreme Court to empower Guardians to sell the Real
Estate of their wards," was sent up to Council for their Revision, Con-
currence or proposals of Amendment, which was read, and on Motion,
Resolved, That it be referred to Mess. Witherell and Galusha.

The Committee on the Bill Entitled "An Act appointing a new Mem-
ber of a Committee of a Land Tax on Mr- Holly," reported that it ought
to pass, and on Motion it was Resolved, That the Council concur in
passing the said Bill.

Adjourned to 9 O'clock Tomorrow morning.

Saturday February 4th- 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.

The Committee on the Bill Entitled " an act in addition to and in ex-
planation of an act entitled ' An Act constituting the Supreme Courts

'The bill provided for paying the debentures, amounting to $4958.70,
in certificates of the State Treasurer, which were made receivable for
taxes.— See Laws of Vermont, Feb. session 1804, pp. 37 and 95.

Governor and Council — February 1804. 417

&c.'" reported the following Amendments — To Erase after the word
" within" in the Fifth line of the Second Page and Second Section, the
remainder of the Section, and insert in lieu thereof the following words,
'• Thirty days from the rising of said Court take out his Execution on
said judgment and deliver the same to a proper officer, nor unless a 'non
est inventus' shall be regularly made thereon, within sixty Days from
the rising of the Court as aforesaid;" and to strike out the whole of the
fourth and fifth Sections ; which report was accepted, and, on Motion,
Eesolved, That the Council do concur in passing the said [bill] with the
proposed amendments, and Ordered, that Mr- Galusha acquaint the
House with the Reasons thereof.

The Committee on the Bill Entitled "An Act to enable the Proprie-
tors and Landowners of the Town of Essex to divide their lands into
severalty," reported that the same ought to pass, and on Motion Re-
solved, That the Council concur in passing the said Bill.

The Bill Entitled "An Act in addition to and revival of an Act Enti-
tled 'An Act assessing a Tax of Two Cents per acre on the Town of
Westford,' passed Octr- 26th- 1799," which was nonconcured by Council
the 28 Jan^> was yesterday sent up from the House with the following
resolution on the same :

"In General Assembly Feby 2ad-

The Report of the Committee being read, was accepted, and the Bill
passed and ordered to be engrossed &c. and Mr Hay requested to assign
the reason of the nonconcurrence of the House to the nonconcurrence of
Council. Att. A. Haswell, Clerk."

Mr- Hay verbally assigned the Reasons of such nonconcurrence and
withdrew, and, on Motion, it was Resolved, That the Council do rescind
from their nonconcurrence on the aforesaid Bill of the 28 Jan^» and Or-
dered, That it lie on the Table.

The Committee on the Bill "'restoring Joseph Ackley to his Law," re-
ported that the same ought to pass, and it was Resolved, That the Coun-
cil concur with the House in passing the sd Bill.

Mr- Niles laid the following resolution on the table — Whereas the
Two Houses appear to differ in opinion respecting the very principles
of the Bill Entitled "An Act in addition to and revival of an Act En-
titled 'an Act assessing Two Cents per acre on the Town of Westford '
passed Octr- 26th- 1799," therefore Resolved, That the House of Repre-
sentatives be requested to appoint a Committee to Confer with a Com-
mittee of Council on the premises, that, if possible, the two Houses may
be mutually satisfied as to rectitude of the principle in question;" which
was read, and on Motion, Resolved, That it be a resolution of Council,
and Ordered, That the Secretary communicate the same to the House.

Three Bills, passed in the House of Representatives, were sent up to
Council for revision, concurrence or proposals of amendment, one, Enti-
tled " an Act to suspend civil process against the person of Joseph
Bates," which was read, and, on Motion Resolved, That it be referred to
Mess. Galusha & Loomis. One other, Entitled " An Act empowering
the Judges of the County Court of the County of Caledonia to audit
and allow certain accounts," which after being read was, on Motion,
amended by erasing the words " either in or out of session," Interlined
between the Second and Third lines of the Bill, and Resolved, That the
Council concur in passing the said Bill with the proposed amendment;
and one other, Entitled " An Act laying a Tax on the County of Or-
ange," which after being read and considered, it was Resolved, That the
Council concur with the House in passing said Bill.

Adjourned to 2 O'clock P. M.

27

418 Governor and Council — February 1804.

2 O'clock P. M.

The Resolution of Council adopted in the forenoon, requesting a Com-
mittee of Conference on the Westford Bill, was returned from the
House with the following order on it:

" In General Assembly Febr 4th* 1804.

Read and concurred, and Mess. Painter, Hinman and Sheldon ap-
pointed a Committee of Conference. Att. A. Haswell Clerk.'''

Which was read and Resolved, That Mess. Niles and Witherell do
join the Committee appointed by the House.

A Bill, passed in the House of Representatives, Entitled " An act to
establish the jurisdictional line between the Towns of Vershire and
Corinth," was sent up to Council for their revision &c. and being read,
it was Resolved, That the Council do concur in passing the said Bill.

On Motion, Mr- Spooner read the following Resolution, by him intro-
duced: "Resolved, The House of Representatives concurring therein,
That the Trustees of the University of Vermont be and they are hereby
required to lay before the Legislature of this State, at their Next Ses-
sion to be holden at Rutland in said State in October next, on or before
the eighth day of their Session, a true Statement of the Funds of said
University, together with all the appropriations by them made, if any,
the quantity of Lands leased, and on what terms, and a copy of the Bye-
Laws, Rules and Regulations by them adopted for the government of
said Institution, for the Examination and approbation of said Legisla-
ture. Resolved, That the same be a resolution of Council, and Ordered,
That the Secretary acquaint the House therewith.

Mr- Fletcher obtained leave of absence for the Remainder of the
Session.

A Bill, passed in the House of Representatives, Entitled " An Act to
repeal part of an act altering the Time for holding the Supreme Court
&c. of Franklin County," was sent to Council for Revision &c. and on
Motion, Resolved, That the Council concur in passing the same into a
Law.

Govr- Brigham on leave introduced the following Resolution — Re-
solved, That His Excellency the Governor be requested to Issue his
Proclamation appointing the Second Wednesday of April next to be
observed as a day of Fasting, Humiliation and Prayer throughout this
State — which Resolution was adopted by Council.

The Committee on the Bill Entitled "An Act to suspend civil process
against the person of Jacob Bates," reported the following amendment,
after the word " That" in the second line of the Bill, erase the remain-
der of the Bill, and Insert in lieu thereof the following, " The Body of
Jacob Bates of Tunbridge in the County of Orange be and is hereby
freed from arrest on any attachment on mesne process for any Debt,
contract, covenant or promise made or entered into before the passing
of this Act, or on Execution issued on any judgment rendered on such
debt, contract, covenant or promise as aforesaid, for the space of three
Years from and after the rising of this Assembly;" which report was
accepted and it was Resolved, That the Council do concur in passing the
said Bill with the proposed Amendments, and Ordered, That Mr- Loomis
acquaint the House of the reasons which governed Council in adopting
such amendments.

A Bill, passed in the House of Representatives, Entitled "An Act in
amendment of an act and in addition to ' an Act directing the mode of
obtaining Licences &c.' " was sent up to Council for revision, concur-
rence or proposals of Amendment, and being read and considered, it
was, on Motion, Resolved, That the Council do concur in passing said
Bill into a Law.

Adjourned to 9 O'clock Monday morning.

Governor and Council — February 1804. 419

Monday, February 6tb> 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Kesolution, passed in Council Saturday, respecting the Trustees
of the University of Vermont, was returned from the House with the
following order on the same:

uIn General Assembly Feb? 4th- 1804. Read and Concurred.

Att. A. Haswell Clerk."

The following resolution was sent from the House to Council:

u Resolved, That the Committee appointed for the purpose of distrib-
uting the Laws of the last Session to the several Members of this House,
be appointed to distribute the Proclamations for a day of fasting and
Prayer, to join with Council. Feb^ 6th> 1804. Members chosen Mess.
Galusha, Bullock, Wood, Spooner, Jas- Fisk, Wetherbee, Stanley, Palmer,
Kitchell, Potter and Fassett. Extract from the Journals.

Att. A. Haswell Clerk."

Which Resolution was read, and on Motion, Resolved, That Mr- Whee-
lock join the above Committee from the House.

A Bill, passed in the House of Representatives, Entitled "An Act or-
ganizing certain regiments of Cavalry therein mentioned," was sent up
to Council for revision &c. and after being read, it was Resolved, That
it be referred to Governor Brigham.

The Committee of Conference from Both Houses on the Bill Entitled
k'An Act in addition to and revival of an act Entitled 'An Act assessing
a Tax of Two Cents per acre on the Town of Westford,' passed October
26th- 1799," reported that a Committee of Council be appointed to amend
the Bill, by appointing a new Collector of the said Tax to be placed in
the same situation as the former Collector, which report was accepted,
and Resolved, That Mess. Niles and Witherell be the Committee.

A Bill, passed in the House of Representatives, Entitled "An Act
relieving Nathaniel Callender from a Bill of Cost therein mentioned,"
was sent up for Revision &c. and on Motion was amended by adding to
the Bill the following as an amendment, "on the said Callender's paying
the Cost which has arisen in the suit now pending." Resolved, That the
Council do concur in passing the said Bill as amended.

The following Bills, passed in the House of Representatives, were sent
up to the Council for revision, Concurrence or proposals of amendment,
one Entitled "An Act impowering William C. Harrington Esquire Ad-
ministrator &c. to sell and convey certain Lands &c," one Entitled "An
Act for the relief of Matthew Stanley of Tunbridge," one Entitled "An
Act authorizing the Administrator on the Estate of Samuel Williams
Esquire, late of Rutland, deceased, to Deed lands," one Entitled "An
Act for the Relief of Deborah Stone," one Entitled "An Act in addition
to an act Entitled 'an act laying a Tax on the several towns therein
mentioned,'" one Entitled "An Act for the relief of William Bryant,"
and one other Entitled "An Act making appropriation for the Deben-
ture of the Legislature during the present Session &c." which Bills were
severally read, and on Motion it was Resolved, That the Council do
concur with the House in passing the aforesaid Bills into Laws of this
State.

The Committee on the bill Entitled "An Act to authorize the Su-
preme Court to empower Guardians to sell the real Estate of their
Wards," reported the following Amendments, To erase after the word
"sold," in the Thirteenth line of the second Page to the word "to" in
the Seventeenth line of the same page— To erase from the beginning of
the Second Section to the words "And no Guardian" in the Sixth line
of the Third Page, and add the remainder of the second Section to the
first Section as a provisionally clause, and the Second Section to read

420 Governor and Council — February 1804.

thus, "Section 2nd- And it is hereby further enacted, That no order of
Sale shall be granted by said Supreme Court, unless such Guardians
shall produce to the Court a certificate signed by the Judge of Probate
of the District where such Land lies, recommending such sale, and also
make it appear to the said Court that the same will be beneficial to such
wards" — which report was accepted, and on Motion, Resolved, That the
Council [do concur] in passing said Bill as amended, and Ordered, That
Mr- Galusha inform the House of the Reasons for such amendments.

The following Message was recd- from the House:

" In General Assembly Febr 6th 1804.

The Bill Entitled "An Act against disturbing the Remains of the
Dead," received from Council was concurred in.

Att. A. Haswell, Clerk."

The Committee appointed on the Bill Entitled "An Act in addition
to an act Entitled "an Act regulating Town Meetings and the Choice
and duty of Town officers,' " reported the following amendments, viz.
After the word "-State" in the Third line of the first Section, erase the
remainder of the Section and insert the following in lieu thereof, "may
require of their several Town Clerks, Constables, and Town Treasurers,
when chosen, to give Bonds to the Selectmen of their respective Towns,
in such sums and with such Sureties as they shall think reasonable, for
the faithful performance of their several offices. And if such Town-
Clerks, Constables, or Town Treasurers, so chosen as aforesaid, shall
refuse to give Bonds as aforesaid when thereunto required, such Towns
may proceed to choose such officers as will comply with such require-
ment." In the Second line of the Second Section, after the first word
"the" erase the remainder of the Section and insert the following —
" several Towns in this State shall be liable to make good all damages
which may accrue to any Person or Persons in consequence of the neg-
lects or omissions of duty by any Town Clerk or Constable by such Town
appointed, in all cases where such Town shall neglect taking Bonds
as above directed in this act;" and to erase the Third Section — which
Report being accepted, it was Resolved, That the Council do concur
in passing the said Bill as amended, and Ordered, That M1'- Loomis
inform the House of the Reasons which governed the Council in adopt-
ing those Amendments.

The Debenture of Council for the present Session was read by the
Secretary, and it was Resolved, That the Same is approved by Council,
and Ordered, That the Secretary enter it on the Journals: —

Miles.

Amt. of
Mileage.

Days.

Amt. of
Atten'ce.

Whole
Auit.

His Honor Paul Brigham I> Gov1--

20

$2.40

12

$48.00

$50.40

Jonas Galusha

82

9.84

12

18.00

27.84

John White

120

14.40

12

18."

32.40

Eliakim Spooner

30

3.60

12

18."

21.60

Elias Keyes

35

4.20

12

18."

22.20

James Witherell

64

7.68

12

18."

25.68

Ebenezer Wheelock

74

8.88

12

18."

26.88

Noah Chittenden

98

11.76

12

18."

29.76

Nathaniel Niles

40

4.80

12

IS."

22.80

Beriah Loomis

28

3.36

12

18. "

21.36

Samuel Sheperdson

60

7.20

12

18."

25.20

Asaph Fletcher

18

2.16

10

15."

17.16

Wm- Page Jur- Secretary

26

3.12

12

30."

33.12

Wm- Strong Esqr> Sheriff

14

1.68

12

18."

19.68

Samuel Patrick, Bill for Room &c.

10.00

Adjourned to 2 O'clock P. M. $386.08

Governor and Council — February 1804. 421

2 O'CLOCK P. M.

The Committee on the Bill Entitled "An act in addition to an act as-
sessing a Tax of Two Cents per acre on the Town of Westford, Passed
October 26th- 1799," reported the following amendments: Strike out the
whole of the Preamble after the word "Act" in the Second line of the
same, and insert " after having accepted the appointment of Collector as
aforesaid, and doing various acts in that capacity, has, as is represented
to this Assembly, absconded, without having compleated the services
and duties to do which he was authorized and empowered by said Act,
Therefore."— Strike out the whole of the Bill after the word " That" in
the Third line of the First Section, and insert the following: "Martin
Powell be and he is hereby appointed, authorized and impowered to do
and perform every such act, in collecting said Tax. and in executing
Deeds of Lands already sold, or which may be sold, for the discharge of
said Tax, as would, in the present Stage of the Collection of said Tax,
have been lawfull for said Seely to do and perform antecedent to the
passing of this act; and such acts and Deeds which shall be [done] by the
said Powell, in pursuance and completion of the duties by said act imposed
on said Seely, and which still remain to be done, shall be as good and
valid in Law, as though the same had been done by said Seely. And it
is hereby further enacted, That said Powell shall not be, in any way,
answerable, for any thing either done or omitted by the said Seely in or
respecting the Collection of the Tax aforesaid." Which report was ac-
cepted, and Resolved, That the Council do concur in passing said Bill as
amended, & Ordered, That Mr- Nites communicate the Reasons of such
amendments to the House.

A Bill, passed in the House of Representatives, Entitled "An act lay-
ing a Tax of Two Cents per acre on the Town of Derby," was sent up
to Council for Revision &c. and being read, it was Resolved, That it be
committed to Mess. White and Loomis.

A Bill, passed in the House of Representatives, Entitled "An act con-
stituting a corporation by the name of the Northern Turnpike Company
of Vermont," was sent up to Council for Revision &c. and was, on mo-
tion, amended, by erasing the name of " Joseph Jones," in the Second
Line of the Third Section, and Inserting the name of " David Wing
Jun1*;" by adding to the Fourth Section as follows: uAnd no greater cer-
tainty shall be required in such presentments, in describing the place
out of repair, than is required by the nineteenth Section of "An act Entitled
'An Act reducing into one the several acts for laying out, making, re-
pairing, and clearing Highways;' " by inserting after the word " Road"
in the fourteenth line of the Fifth Section, "And again return on said
Road, to travel on the same;" and by iuserting after the word " Distan-
ces" in the eighth line of the Seventh Section, " with a sufficient supply
of water in the same " — and being read as amended, it was Resolved,
That the Council concur in passing said Bill as amended, & Ordered,
That Mr- Galusha inform the House of the Reasons of Council in adopt-
ing those amendments.

A Bill, passed in the House of Representatives, Entitled "An Act
establishing a Corporation by the name of the Caledonia Turnpike Com-
pany," was sent up to Council for Revision &c. and being read was, on
motion, amended by adding to the Sixth Section, " And no greater cer-
tainty shall be required in such presentment, in describing the place out
of repair, than is required by the Nineteenth Section of an Act Entitled
' an act reducing into one the several acts for laying out, making, repair-
ing and clearing Highways;'" and being read as amended, it was Re-
solved, That the Council do concur in passing the said Bill as amended.

The Committee on the Bill Entitled "An Act laying a Tax of Two

422 Governor and Council — February 1804.

Cents per acre on the Town of Derby," reported the following amend-
ments—That the Bill pass for "Three Cents" instead of "Two Cents," that
Luther Newcomb be the Collector instead of Elisha Lymdn, that Elisha
Lyman be of the Committee in the place of Luther Newcomb, and that
the name of Ebenezer Gould be erased and Japhet Benham be inserted;
which Report was accepted, and on Motion, Resolved, That the Council
concur in said Bill as amended, and Ordered, That Mr- Loomis commu-
nicate the reasons of such amendments to the House.

A Bill, passed in the House of Representatives, Entitled "An Act
uniting certain parts of the Towns of Pomfret and Hartford into one
School District," was sent up to Council for revision &c. and being read,
it was Resolved, That the Council concur in passing said Bill into a
Law.

A Bill, passed in the House of Representatives, Entitled "An Act en-
abling the Inhabitants of the Town of Washington to ratify their former
proceedings," was sent up to Council for revision &c. and, on Motion,
was amended by erasing after the word "That" in the Second line of the
Bill, the whole of the Bill and Inserting in lieu thereof the following:
"The several votes and proceedings of said Meeting be and they are
hereby ratified and confirmed in as ample a manner as though the said
Thomas Porter Esquire had presided in the same until a Moderator and
Clerk had been chosen:" and Resolved, That the Council do concur in
said Bill as amended, and Ordered, That Mr Wheelock inform the House
of the Reasons of such Amendment.

The following resolution was received from the House:

" In General Assembly Feb? 6th- 1804.

Resolved, The Governor and Council concurring herein, That the
unfinished Business now pending before the Council and General As-
sembly be and the same is hereby referred to the next Session of the
Legislature. Extract from the Journals.

Att. A. Haswell Clerk."

Which Resolution was read, and Resolved, That the Council concur
in the same, and Ordered, That the Secretary communicate it to the
House, and also inform the House that the Council are ready to Meet
the House in the Representatives' Room, for the purpose of adjourning
the Legislature without day.

Mr- Potter, from the House, informed the Council the House would
now join with Council in the Representatives' Room for the purpose
above mentioned.

The Governor and Council accordingly proceeded to the Representa-
tives' Room, and after the Throne of Grace was addressed by Mr- [Sid-
ney] Willard, the Chaplain, in prayer, the Two Branches of the Legis-
lature were adjourned without day by the Sheriff of Windsor County.

A True Journal. Attest William Page Jur- Secy-

APPENDIX A.

VERMONT IN 1791, AS VIEWED BY A VIRGINIAN.— NO

SLAVERY.

In the summer succeeding the admission of Vermont into the Union,
the State was visited by three Virginians, two of whom ranked among
the most distinguished men of the nation, to wit, Thomas Jefferson
and James Madison, who came through Lake George, spent a day and
a half on Lake Champlain, sailing about twenty-five miles north of
Ticonderoga, when a further advance was prevented by a head wind.
Returning, they proceeded to Bennington on the 4th of June, spent the
Sabbath there, and on the 6th journeyed on their way to the valley of
Connecticut river, and thence by Hartford and New Haven to New
York city and Philadelphia.1 But for Jefferson's detailed account of
this journey, altogether unlike that described in the letter which follows,
it might be presumed that either Jefferson or Madison was the author of
the letter. It is to be assumed rather, from the different route de-
scribed,— which embraced both eastern and western Vermont and a tour
across the State near the northern boundary— that the writer was a
third Virginian, whose name has not been ascertained.

Letter from a gentleman in Virginia to his friend in Ben-
nington.2

Sir, — Before I left Virginia, I had conceived but a very indifferent
opinion of the northern states, and especially of the state of Vermont.
I had formed the idea of a rough barren country, inhabited by a fierce,
uncivilized, and very unpolished people. I made my tour up Connecti-
cut river, east of the green mountains, near the northern boundary of
your state, and returned on the western side, by the lake through Ben-
nington. I must confess I was surprised and astonished beyond meas-
ure, to find a fertile luxuriant soil, cultivated by a virtuous, industrious
and civilized set of inhabitants; many of whom lived in taste and ele-
gance, and appeared not unacquainted with the polite arts.

* Randall's Life of Thomas Jefferson, Vol. n, pp. 19 and 20; and Ver-
mont Gazette of June 6 1791.
2 From the Vermont Gazette of Sept. 19, 1791.

424 Appendix A.

The rapid progress in popularity [population] and improvement, and
the many surprizing incidents that have taken place during the short
period of your existence as a state, will furnish material for some able
historian, to give the world an history, that shall be both entertaining
and instructive. I conversed with men of genius, whose minds had been
improved by a liberal education, and appeared to be well acquainted with
the arts of state policy. But there was one thing that fell under my
observation, which gave me some uneasiness, and which if not remedied
in time, may prove fatal to those rights and liberties which you have
purchased at so dear a rate. What I have reference to is the manner of
electioneering.

The using of undue influence in matters of this kind, destroys that
freedom of election, which ought to be held dear and sacred by a people
who mean to secure their independence, and transmit the blessings of
it to posterity.

This is an evil under which Great Britain groans to this day, who are
compelled to submit to the domination of those elected to office by brib-
ery and corruption, and afterwards taxed to pay the expence. And
though it sometimes happens that gentlemen of real worth are brought
forward in this way, who honour their appointments, and are a blessing
to society of which they are members : yet in how many instances are
men promoted, who are altogether unqualified for the higher walks of
government into which they are introduced, and steal into office through
the mistake of mankind. Had they continued in the more obscure paths
of life, they might have proved good citizens as well as useful members
of society; but their being placed in a sphere for public action, the busi-
ness of which they are unacquainted with, proves a real injury to them-
selves, and entirely frustrates the end of their appointment.

There are some who thrust themselves forward by the mere dint of a
brazen front, and those low intriguing arts despised by men of sense and
honesty, by which they intimidate some and allure others of the lower
class; whereas if such designing men were only stripped of their prop-
erty, and presented in their true light, [they] would soon sink into their
original nothingness, and become objects of ridicule and contempt.

But I shall remark no farther; to conclude with the words of the poet,

In times of general agitation,
Some rise like scum in fermentation :
Who vhish and kick the world up-
Side down to get themselves a-top :
And when they've gained their favourite point,
For want of strength can't move a joint.
As useless as a leaky cask.
Or like & furnace out of blast;
Who shortly must be laid aside,
Like horse, unfit to draw or ride.*

The emphasis on the word "furnace" clearly indicated that Matthew
Lyon was the object of this censure. He was at that time running both
a furnace, at Fairhaven, and the western district for Congress against
Israel Smith and Isaac Tichenor. — See A. N. Adams's History of Fair-
haven, p. 419. Moreover, he was publicly charged as an adept in two
arts — "the art of making politics malleable, and the other the art of sell-
ing civil offices for proxies."— See Vermont Gazette of Oct. 17 1791.

* Note by the Editor.— These lines were adapted from Trumbull's McFingal, Canto in:
For in this ferment of the stream
The dregs have work'd up to the brim,
And by the rule of topsy-turvies,
The scum stands foaming on the surface, <fcc.

Appendix A. 425

No Slaves in Vermont in 1791.

The official printed reports of the Census of the United States, from
1790 until 1870, assigned 16 slaves to Vermont in 1790, all in the county
of Bennington ; but, in preparing the report of the Census of 1870, a
critical examination of each previous Census was made, and one of the
results was the discovery of the fact, that the persons charged to Ver-
mont in 1790 as slaves were free blacks, and were so returned by the
marshal of the State.1 This discovery was made by a Vermonter, Geo.
D. Harrington, Esq., Chief Clerk in the Census Bureau. It is strange
that such an error should have passed uncorrected for eighty years, and
the more strange when it is evident that the error was known in Ver-
mont in 1791. The following, from the Vermont Gazette of Sept. 26
1791, is to the point :

The return of the marshal's assistant for the county of Bennington
states, that there are in the county 2503 white males over sixteen years
of age, and 2617 under that age. 5559 white females. 17 black males
over and 4 under 16. 15 black females. Total of inhabitants, 12,254.
To the honor of humanity NO SLAVES.

The foregoing agrees with the census report in the total number of
population, and disagrees only in the classification of the blacks.

1 The reports of the census give the population of Vermont as of 1790,
but the census of Vermont was not taken until 1791.

APPENDIX B.

AMENDMENTS TO THE CONSTITUTION OF THE UNITED

STATES.

Amendments adopted in 1791.

The first Congress, Sept. 25 1789, proposed to the States twelve amend-
ments to the Constitution of the United States, ten of which were rati-
fied by the requisite number of States. These are the first ten amend-
ments now attached to the Constitution. Two of the proposed articles
failed. Vermont, however, ratified the whole, by an act passed Nov. 3
1791. The two articles rejected by other States were as follows:

Article the first. — After the first enumeration required by the first Arti-
cle of the Constitution, there shall be one Representative for every
thirty thousand, until the number shall amount to one hundred, after
which, the proportion shall be so regulated by Congress, that there shall
not be less than one hundred Representatives, nor less than one Repre-
sentative for every forty thousand persons, until the number of Repre-
sentatives shall amount to two hundred, after which the proportion shall
be so regulated by Congress, that there shall not be less than two hun-
dred Representatives, nor more than one Representative for every fifty
thousand persons.

Article second. — No law, varying the compensation for the services of
the Senators and Representatives, shall take effect, until an election of
Representatives shall have intervened. — Hickey's Constitution, sixth
edition, p. 33.

The Eleventh Amendment, adopted Jan. 8 1798.

From the Vermont Assembly Journal of Oct. 25 1793:

The Governor and Council appeared in the house, when his Excel-
lency made the following communications, viz.

A circular letter from his Honor Samuel Adams, Esquire, Lieutenant
Governor in and over the Commonwealth of Massachusetts,1 dated Oc-
tober 9th, 1793 — accompanied with

1 Acting Governor, Gov. Hancock having died on the day preceding
the date of Mr. Adams's letter.

Appendix B. 427

The Speech of his Excellency John Hancock, Esquire, late Governor
of the Commonwealth of Massachusetts, to both branches of the Legis-
lature of said Commonwealth, at their sessions begun and held at Bos-
ton, Sept. 18th, 1793, agreeably to his Excellency's proclamation — with
the answers of the two branches of the Legislature— together with the
following resolutions of the Legislature of Massachusetts, viz.

" Commonwealth of Massachusetts. In Senate, Sept. 23d- 1793.

"Whereas a decision has been had in the Supreme Judicial Court of
the United States, that a State may be sued in the said Court, by a citi-
zen of another State; which decision appears to have been grounded on
the second section of the third article in the constitution of the United
States:

" Resolved, That a power claimed, or that may be claimed, of com-
pelling a State to be made defendant in any court of the United States,
at the suit of an individual, is, in the opinion of this Legislature, un-
necessary and inexpedient, and in its exercise, dangerous to the peace,
safety, and independence of the several States, and repugnant to the first
principles of a federal government.

" Therefore, Resolved, That the Senators from this State, in the Con-
gress of the United States, be, and they are hereby instructed, and the
Representatives requested, to adopt the most speedy and effectual meas-
ures in their power, to obtain such amendments in the constitution of
the United States, as will remove any clause or article of said constitu-
tion, which can be construed to imply or justify a decision, that a State
is compellable to answer in any suit, by an individual or individuals, in
any court of the United States. — And his Excellency is hereby requested
to communicate the foregoing resolves to the Supreme Executives of
the several States, to be submitted to the consideration of their respective
Legislatures.

u Sent down for concurrence. Samuel Phillips, President

u In the House of Representatives, Sept. 27th, 1793.

" Read and concurred. Edward H. Robbins, Speaker.

" By the Governor approved, Sept. 27th, 1793. John Hancock.

"A true copy, Attest, John Avery, jun. Secretary."

Samuel Adams to Thomas Chittenden.

The letter of Samuel Adams has been preserved in the Ms. Vermont
State Papers, Vol. 24, p. 65, and is as follows:

(Circular.)

Commonwealth of Massachusetts. Boston, October 9th 1793.

Sir, — The papers which I have the honor to inclose to your Excel-
lency, contain the Speech of the late Governor,1 & the proceedings of the
Legislature of this Commonwealth, upon a principle of National Gov-
ernment, in which each State in the Union is equally interested.

A Mandatory precept of the Supreme Judicial Court of the United
States, having been served by the Marshal of the District of Massachu-
setts, on his Excellency John Hancock Esq1-- late Governor, & James
Sullivan Esqr- the Attorney General of the Commonwealth, directing
their appearance in that Court, to answer on the behalf of the Common-
wealth, to a complaint filed by William Vassal, it became necessary to

1 For the speech of Gov. Hancock, see Ms. Vermont State Papers,
Vol. 38, p. 114.

428 Appendix B.

call the Legislature into Session: The Governor therefore, with the ad-
vice of the Council, convened the General Court.

The claim of* a Judiciary Authority over a State possessed of Sovereignty,
was of too much moment to be submitted to, without the most serious
deliberation. The Legislature of this Commonwealth has treated the
subject with an attention, commensurate to the importance of the power
demanded: & as you will please to observe by their proceedings, have
resolved, that it is unnecessary & inexpedient; & in its exercise danger-
ous to the peace, safety & independence of the several States, & repug-
nant to the first principles of a Federal Government.

The support of the Federal Government is an object of high im-
portance in the mind of every true friend of the Union; but it is easily
discerned, that the power claimed, if once established, will extir-
pate the federal principle, & procure a consolidation of all the Govern-
ments.

The resolutions of the Legislature made it the duty of the late Gov-
ernor to communicate their proceedings on this subject, to the Governors
of the several States; but the melancholly event oi' his death interven-
ing, it becomes my duty, as Lieut. Governor of the Commonwealth, to
make the Communication: And I do it with great cheerfulness, because
my opinion fully accords with the determination of the Legislature, who
have requested it.

As this is a question of so interesting a nature, & in which all the
States are equally concerned, there seems to be a propriety in a free
communication of their sentiments upon it : And it is hoped that, when
the Legislature of the State, over which you have the honor to preside,
shall be in Session, & contemplate the importance of the subject, this
Commonwealth will find itself greatly supported by the Wisdom of their
measures, & their salutary & candid advice.

I have the honor to be, sir, With great Kespect & Esteem, Your Ex-
cellency's Very hble Serv*- Saml- Adams.

His Excellency Thomas Chittenden Esqr-

In October 1792, Isaac Tichenor was requested by the Legislature to
act for the State in the settlement of Ira Allen's accounts as State
Treasurer and Surveyor General, Allen having proposed to enter a suit
against the State in the U. S. Circuit Court for the District of Vermont.
Oct. 20 1793, Tichenor by letter informed the Speaker of the House that,
being unable to attend court, he had appointed Darius Chipman to take
charge of the suit, "who attended and prevented the entry of the action." '

This was five days before Gov. Chittenden communicated the resolu-
tions of Massachusetts ; and doubtless in consequence of this order of

1 Ms. Vt. State Papers, Vol. 24, p. 67. In the same, Vol. 38, p. 123, is
Allen's writ declaring against the State for fifteen thousand dollars.
The officer levied on the townships of " Carthage and Woodbridge, so
called," and described by the bounds of the present towns of Jay [Car-
thage] and Troy [Woodbridge]. In the original charter of Woodbridge
that township is bounded on the west by Alburgh, and that charter cov-
ered, in part at least, the New Hampshire grant of Highgate. It is
evident, therefore, that, after the original charter of Woodbridge had
been abandoned, Allen transferred the name of " Woodbridge" to the
township now known as Troy.

Appendix B. 429

the court, no action was had by the legislature, and the matter passed
over to the next session with other unfinished business. In the mean-
time, on the 2d of January 1794, a resolution was submitted in the U. S.
Senate, proposing for adoption the eleventh amendment to the constitu-
tion ; and on the 14th of the same month, the Senate adopted the reso-
lution by a vote of 23 to 2. The Senators from Massachusetts and
Vermont voted for the resolution, Messrs. Gallatin of Pennsylvania and
Rutherford of New Jersey alone voting against it.1 The resolution was
concurred in by the House. At the October session, 1794, the amend-
ment was ratified by Vermont ; 2 and Jan. 8 1798, it was declared by the
President, in a message to the two Houses of Congress, to have been
adopted by the Legislatures of three fourths of the States.

Proposed Amendment in 1798, on the Eligibility of certain
Federal Officers.

State of Vermont. In General Assembly, Oct. 12, 1798.
The Speaker then laid before the house the communication from the
Governor of the commonwealth of Massachusetts, alluded to in his Ex-
cellency's speech,3 which is in the words following, to wit.

" Commonwp:alth of Massachusetts. Boston, July 12th- 1798.

" Sir, — The two branches of the Legislature of this Commonwealth,
have thought it highly necessary that some constitutional barrier should
be opposed, to the introduction of foreign influence into our National
Councils; and have requested me to transmit the enclosed resolutions to
the supreme executive of the several states in the union, that the same
may be submitted to the consideration of their respective Legislatures,
in order that the constitution of the United States may be so amended
as to effect more fully, the great objects for which it was designed.

" The legislature of this Commonwealth, strongly impressed with the
necessity of the measure, have thought it expedient to take this prepar-
atory step, and it is hoped, when the Legislature of the state over which
you have the honor to preside, shall be in session, and contemplate the
importance of the subject, this commonwealth will find itself greatly
supported, by a concurrence in the measure. — To their wisdom it is sub-
mitted.

" I must take the liberty of requesting your Excellency, to inform me
of the determination of the Legislature of your state upon the subject,
as soon as it shall be known.

" I have the honor to be, With the highest respect, Your Excellency's
very humble servant, Increase Sumner.

" His Excellency Governor Tichenor?1

"Commonwealth of Massachusetts,

" In House of Representatives, June 28th, '98.
" Whereas it is highly expedient, that every constitutional barrier
should be opposed, to the introduction of foreign influence, into our na-

1 Benton's Abridgement of Debates in Congress. Vol. I, pp. 445, 446.

2 Printed Assembly Journal, 1794, p. 179.

3 See Appendix J, Governor's speech of 1798.

430 Appendix B.

tional councils, and that the constitution of the United States should be
so amended, as to effect and secure in the best manner, the great object
for which it was designed:

Resolved, That the Senators and Representatives of this Common-
wealth, in the Congress of the United States, be and they hereby are
requested to use their best endeavours, that Congress propose to the
legislatures of the states, the following amendment to the Constitution
of the United States, to wit: That (in addition to the other qualifications
prescribed by the said Constitution,) no person shall be eligible as Presi-
dent, or Vice President of the United States, nor shall any person be a
Senator or Representative in the Congress of the United States, except
a natural born citizen, or unless he shall have been a resident in the
United States, at the declaration of independence, and shall have con-
tinued either to reside within the same, or to be employed in its service,
from that period to the time of his election.

"And whereas the spirit of amity and mutual concession, which pro-
duced the federal Constitution, ought always to be cultivated in the
proposition and adoption of an}r amendments to the same:

"Resolved further, That in case the Senators and Representatives of
this state in Congress, shall find that the amendment above proposed, is
not perfectly conformable to the wishes and sentiments of a Constitu-
tional majority, of both branches of the National Legislature, they are
hereby empowered and requested so to modify the same, as to meet the
sentiments of such majority. Provided however, and it is the opinion
and wish of this Legislature, that any amendment, which may be agreed
upon, should exclude at all events, from a seat in either branch of Con-
gress, any person, who shall not have been actually naturalized at the
time of making this amendment, and have been admitted a citizen of
the United States, fourteen years at least, at the time of such election.

"Resolved, further, That his excellency the Governor, is hereby re-
quested to communicate the foregoing resolves to the supreme executive
of the several states, with a request, that the same may be submitted to
the consideration of their respective Legislatures. And that the Pres-
ident of the senate, and speaker of this house, be requested forthwith to
transmit the same to the senators and representatives of this state in
Congress.

"Read and unanimously accepted. Sent up for concurrence.

Edward H. Robbins, Speaker.

"In Senate, June 28th, 1798. Read and unanimously concurred.

Samuel Phillips, President.

"June 29th, 1798. Approved, Increase Sumner.

"A true copy, Attest, John Avery, Secretary."

Oct. 26 1798, the Vermont Assembly adopted the foregoing resolutions
— yeas 152, nays 5.*

This proposition was made at a time when party spirit was strong
throughout the country, and the second resolution was evidently sug-
gested by the fact that Albert Gallatin had taken his seat in the United
States Senate in 1793 when he had been a resident of the country less
than fourteen years. His right was successfully resisted, he being un-
seated Feb. 28 1794, shortly after which he was elected to the House.
Doubtless the resistance to Mr. Gallatin by the federalists brought the
Jeffersonian Republican party into sympathy with Gallatin and hostility

I Printed Assembly Journal for 1798, pp. 17-20, 103-105.

Appendix B. 431

to the proposition of Massachusetts. The discussions of that time on
this topic did result, however, in a more stringent naturalization act, in
1798, than had previously been passed.

Twelfth Amendment, submitted to the States in 1803, and
ratified in 1804.

On the 18th of Oct. 1799, Gov. Tichenor laid before the Assembly
resolutions of sundry States, and among them certain resolutions of
New Hampshire on the mode of electing President and Vice President
of the United States, which were referred to a committee. Nov. 5th,
the committee reported in favor of the proposition;. which report was
accepted, and John W. Blake was appointed to report resolutions accord-
ingly. On the same day he reported the following:

State of Vermont. Resolved, That the senators and representa-
tives of this State, in Congress, be, and they are hereby requested to use
thair best endeavors, that Congress propose to the legislatures of the
several states the following amendments to the Constitution of the
United States, to wit:

That the Electors of President and Vice President, in giving in their
votes, shall respectively distinguish the person whom they desire to be
President, from the one they desire to be Vice President, by annexing
the words President, or Vice President, as the case may require, to the
proper name voted for. And the person having the greatest number of
votes for Vice President, if such number be a majority of the whole
number of electors chosen, shall be Vice President. And if there be
no choice and two or more persons shall have the highest number of
votes, and those equal, the senate shall immediately, by ballot, choose
one of them for Vice President. And if no person have a majority,
then from the five highest on the list, the senate shall in like manner
choose the Vice President. But in choosing the Vice President the
votes shall be taken by the states, the Senators from each state having
one vote; a quorum for this purpose shall consist of a member or mem-
bers from two thirds of the states, and a majority of all the states shall
be necessary to a choice.

And in case the Senators and Representatives of this state in Con-
gress shall find that the aforesaid amendment is not conformable to the
sentiments of a constitutional majority, of both branches of the national
legislature, they are hereby requested so to modify the same as to meet
the sentiments of such majority. Provided however, that any amend-
ment which may be agreed upon shall oblige the electors to designate
the person they desire to be President from the one they desire to be
Vice President.

Resolved further, That his Excellency the Governor be, and he hereby
is requested to communicate the foregoing resolve to the supreme exec-
utive of the several states; and also to transmit the same to the senators
and representatives in Congress.

The question being put by yeas and nays, the resolutions were adopted
by the House, 94 to 42, and the Governor and Council concurred. The
purpose of this proposal was gained by the twelfth article of amend-
ments to the constitution, which see. Senator Bradley of Vermont

432 Appendix B.

advocated the proposition contained in these instructions, was a mem-
ber of the committee of the Senate on the subject, and proposed and
supported an amendment which is now a part of the constitution.— See
Benton's Abridgement of the Debates of Congress, Yol. in, pp. 6, 7,
23, 24, 37.

In 1803, joint resolutions of instruction to the Vermont delegation in
Congress, on this subject, were adopted. — See ante pp. 377-379. And
Jan. 30 1804, the twelfth amendment was ratified by Vermont— in the
Council unanimously, and in the House by a vote of 93 to 64. — See ante,
pp. 399, 400, 402, 407; and printed Laws of Vermont, Feb. Session 1804,
p. 4. Z. Thompson stated that in 1799 the Federalists voted in favor of
this amendment, and the Jeffersonian Republicans against it; whereas
in 1804 the votes of these parties were reversed. — See Thompson's Ver-
mont, Part ii, p. 92.

Proposals for elections of Presidential Electors, and Rep-
resentatives in Congress, by Districts.

Oct. 17 1801, Governor Tichenor communicated to the Legislature an
amendment to the constitution proposed by the Legislature of Mary-
land, requiring the States to form electoral districts for the election, by
the people, of Electors of President and Vice President, and Represen-
tatives in Congress. Oct. 19, on motion of Nathaniel Niles, the amend-
ment as to Electors was adopted by a vote of 126 to 41 ; and that as to
Representatives by a vote of 105 to 55.— See printed Assembly Journal
of 1801, pp. 77-80, and 89-93. The Governor and Council concurred by
a vote of 7 to 6. — See ante, pp. 308, 309. This amendment was not rati-
fied by the requisite number of States.

APPENDIX C.

LETTERS OF PUBLIC OFFICERS OF VERMONT, &c. 1791-1802.1

Samuel Knight to the General Assembly, on his appointment as
Chief Justice. 2

Windsor October ye 19th- 1791.

Sr I find myself wanting in words to express the warm feelings I
have of gratitude towards this Honorable General Assembly for the
undesarved Honor done me in appointing me Chief Judge of the Su-
preme Court. I am Convinced from the experiance I have [had] for
two years past, that the office of Judge of the Supreme Court is attended
with many and great Difficulties, and that the number of persons com-
pleatly qualified to fill that place are very few among which number I
cannot claim to be reckoned however considering the unanimity with
which the Choice was made I have excepted the appointment notwith-
standing the great Impediment it is to my other business and against
my Intrest and the Intrest of those who I am under the strongest
ties of human nature to provide for. allways esteeming it my greatest
happiness to Serve my fellow men in that way which is most agreeable
to them — and am Determined however my abbilities maybe Justly
Doubted of that my Intigerity and Intentions to do right shall never be
Justly questioned.

I am Sr your and the Honorable Assemblies most Obdt humble Ser*

Sam^l Knight.
To Gideon Olin Esq1' Speeker of the Honble House of Assembly.

Elijah Paine to the General Assembly, on his appointment as Judge of the

Supreme Court?

Sir My late election as one of the Judges of the Supreme Court, so
far as it is a testimony of the Approbation of the Legislature of my con-

1 In most of the letters here printed, there is so high and just an ap-
preciation of the dignity and responsibility of faithful public servants ;
so much modesty, courtesy, and gratitude in their authors, and evident
consciousness of intended integrity and fidelity in every duty, as to
make them examples not less worthy of imitation in this day than they
were in theirs.

2 From the original, in Ms. Vt. State Papers, Vol. 24, p. 43.

8 From the original, in Ms. Vt. State Papers, Vol. 24, p. 42. Elijah
Paine was born in Brooklyn, Conn., Jan. 21, 1757, was son of Seth
28

434 Appendix 0.

duct in that office the year past, deserves ray warmest acknowledgments
— I have not hesitated in accepting the appointment & have accordingly
taken the necessary oath. — I have a greater ambition to serve the State
in which I live, while I can do it to their satisfaction, than I have to
serve any other Government. — For this reason I have not put myself in
the way of appointments from any other quarter. — Neither do I now

Paine of Brooklyn, and grandson of Seth Paine of Pomfret, Conn.
While fitting for college, he abandoned his studies to serve for several
months in the army of the revolution. He was graduated at Harvard
University in 1781, and after studying the law for three years he came
to Vermont in 1784, purchasing first a cultivated farm in Windsor, but
in June of that year he commenced the opening of a large farm in Wil-
liamstown, which soon became, and through his life remained, his home-
stead. Notwithstanding his service in public offices from 1786 until his
death in 1842, the most of his timf, talents, and money were given to
his farm, manufactures, various public improvements, and educational
and benevolent institutions, in all which he was foremost in central
Vermont, and an example for like-minded men everywhere. He was
honored with the degree of Doctor of Laws by two universities, Har-
vard and Vermont, and was member of several societies for the advance-
ment of arts and sciences. He was an exemplary Christian of the
orthodox faith, rarely failing to attend public worship at the church in
East Williamstown, four miles from his dwelling. He represented
Williamstown in the General Assembly in 1787 and until 1791; was one of
the Commissioners to settle the controversy with New York in 1789-90;
Delegate and Secretary in the Constitutional Convention of 1786 ;
member of the Council of Censors in 1792 ; Judge of the Supreme
Court in 1791, ?92, and '93 ; and United States Senator from 1795 until
1801, to which office he was re-elected, but he declined it for the pur-
pose of accepting from President Washington the office of Judge for the
U. S. District of Vermont. This office he held from 1801 until a few
weeks before his death, which occurred on the 28th of April, 1842. The
editor of this volume remembers him as a tall and well-proportioned
gentleman, dressed in the style of President Washington, of a grave
countenance and dignified bearing, scornful to none but affable to all.
In June 1824, he delivered the address of welcome to Gen. LaFayette,
at Montpelier, to which the General responded. These venerable and
patriotic men were born in the same year, and both were associates of
Washington. Judge Paine married Sarah Porter, daughter of John
Porter of Plymouth, N. H., and had four sons and four daughters. All
of the sons, who reached middle age, wrere distinguished for abilities and
public usefulness. Martyn Paine, A. M., M. D., LL.D., and member
of various societies in Europe and America, was born July 8, 1794, and
resides in the city of New York. His reputation as the author of vari-
ous medical books is high. In 1841 he united with five other medical
gentlemen in establishing the Medical Department of the University of

Appendix C. 435

accept the appointment with which the Legislature have honored me
with a view of Gain. You will however give me leave to observe that
the pay of your Judges bears but a small proportion to the pay received
by the Judges of any of the other States, when the ability of the States is
compared.— Were the State still in debt for the expences of the late war
I would with pleasure live on my own property, & serve my Country
without reward. — But the State is now in a great measure free from
debt. — Altho' I know the Legislature will not waste the property of the
Citizens; yet I am confident they would wish to make their servants a
reasonable compensation. If upon deliberating on the subject they
should think proper to make any additions to the pay of the Court it
will be gratefully received.— If on the other hand they should think the
present pay adequate to the service I shall with equal pleasure acqui-
esce, & serve the State to the best of my abilities.

I have the honour to be, Sir, your most Obed* humble Ser*

Elijah Paine.

Windsor Oct' 19, 1791.

The Honble Gideon Olin Esquire Speaker of the house of Bepresentatives.

Boger Enos to Gov. Chittenden, resigning his office as Major General1

To His Excellency, Thomas Chittenden, Governor, Captain-General
and Commander in Chief, in and over the State of Vermont.
May it please your Excellency,— It has ever afforded me satisfaction to
serve my country in every sphere in which I have been called to action:
But it has been my highest ambition to merit their approbation in a
faithful discharge of the duties of the different military offices with
which I have been honored. — And I natter myself that I have not been
undeserving the public esteem in my exertions to promote military dis-
cipline, since I have had the appointment of Major-General of the militia
of this State. The duties of the office have been attended with a great
degree of trouble and expence — honor is the only compensation the
public can bestow, for the services of their military officers. — I feel a
wish that others as deserving as myself, should equally share the honors
and the appendages. You will be pleased, therefore, to accept my resig-
nation as Major-General of the fourth division of the militia of this

New York, in which he has been a professor ever since. Elijah
Paine, born April 10, 1796, resided in New York city, and was author
of law books, and from 1850 until his death, Oct. 6, 1853, was a Judge of
the Superior Court. Charles Paine, born April 15 1799, was Gov-
ernor of Vermont from 1841 to 1843, and greatly distinguised by his
services in manufactures, railroads, and other public improvements, un-
til his death, July 6, 1853. These were all graduates of Harvard.
George Paine, a graduate of Dartmouth, and a lawyer, died Oct. 3
1836, in his 29th year. Caroline, the only daughter living, is wife of
John Paine of New York city. — Vt. Hist. Magazine, Vol. n ; and Drake's
Dictionary of American Biography.

1 From the Vermont Journal of Nov. 8 1791. The self-appreciation of
Gen. Enos was finer than his modesty, yet it may have been as truly
good as is the humor in the word " appendages."

436 Appendix C.

State — and be assured, Sir, that nothing will afford me more satisfaction
than to find that the vacancy be filled with a person equally entitled to
the esteem of the public, and the honors of the appointment.
Windsor, Oct. 31, 1791. Roger Enos.

Lieut. Gov. Olcott to the Freemen of Vermont.1

The subscriber hereby wishes to testify his gratitude to the Citizens of
this State, for having heretofore placed him in a number of important
Offices, and their late frequent appointments to the second seat of Magis-
tracy. He feels that the infirmities of age and bodily indisposition,
render him incapable of discharging the important functions of his
office — & requests them, in the choice of his successor, to elect some
person of known integrity and abilities, who will be both serviceable
and respectable [acceptable] to the community at large.

Norwich 14th Aug. 1794. • Peter Olcott.

Elijah Paine to the General Assembly, on his election as United States

Senator.

From the record of the Grand Committee in the Assembly Journal of
Oct. 14 and 15, 1794:

Oct. 14. — On motion, Mr- Jacob was requested to wait on the Hon.
Elijah Paine, and desire him to attend the house and inform the Com-
mittee, whether or not he shall accept the appointment of Senator, to
represent this State in the Senate of. the United States.

The Hon. Elijah Paine, Esq., appeared on the floor of the house, and
requested of the committee, that he might be indulged a further opportu-
nity, before he gave his answer to the message, communicated by Mr.
Jacob.

Granted.

Oct. 15. — The Grand Committee met according to adjournment, when
his Excellency communicated the following letter from the Honorable
Elijah Paine, Esquire, viz.

Rutland Octobr- 15th- 1794.2

Sir, — I feel deeply impressed with a Sense of the Honor done me in
my appointment as Senator in the Congress of the United States. —
When I compare my Opportunities for information & my abilities with
the importance of the Trust, It might be thought, that Modesty would
induce me to decline the undertaking. — I have endeavoured from every
circumstance to collect what my duty is. — The result has been, (& that
more from the General Wish of the Legislature than from any other
circumstance) that I have concluded to accept the Appointment.

I dare make no promises, but I cannot but hope that the lively im-
pressions I now feel, will on all occasions produce an uniform Zeal for
the Welfare of this and the United States.

1 will only add on this Head, that the consideration that my fellow
Citizens of Vermont are so uniformly attached to peace and good Order
and so capable of distinguishing between real & imaginary evils, will at
all times afford me the highest satisfaction.

lSpooner's Vermont Journal of Aug. 25 1794.

2 This letter is here printed from the original, in Ms. Vt. State Papers,
Vol. 24, p. 76.

Appendix C. 437

As I accept this Appointment, it will now become necessary for me
to resign the Office I have for several years past sustained as Judge of
the Supreme Court.

Give me leave to assure your Excellency, that my frequent reappoint-
ments to that Office have afforded me the most pleasing satisfactory
evidence of the approbation of my fellow Citizens. Your Excellency
will be pleased to communicate these my Sentiments to the Council and
General Assembly, Towards whom, together with your Excellency, I
remain with Sentiments of most perfect Esteem.

(Signed) Elijah Paine.

His Excelly- Thos- Chittenden.

On motion, Resolved, That the Committee do now proceed to the
choice of a Judge of the Supreme Court, in the room of the Hon. Elijah
Paine.

The ballots being taken, Lott Hall Esq. was declared duly elected.

Letter of Samuel Knight to the General Assembly, on retiring from the
office of Chief Justice, and proceedings thereon.1

To the Honorable the General Assembly of the State of Vermont,

Gentlemen, At the time of my retiring from the office of Chief Jus-
tice of this State, I beg to be permitted to express to the Legislature
the sense which I have of the honour that has been repeatedly done me
in being appointed so often to that office. I am fully sensible of the
right of the honourable Assembly to appoint any person they think
proper, at the head of the judiciary department: and do not at all call
in question the wisdom or propriety of the appointmeent which they
have made. At the same time I cannot but express a consciousness of
the most upright intentions and views in tbe discharge of every part of
the duty of that important office; and I am happy to find upon the most
careful enquiries which I can make, that the people of this State have
not complained that any part of my official conduct has appeared unto
them, to deviate from the strictest rules of Justice, equity, or propriety;
these considerations afford me greater satisfaction than the emoluments
of any office whatsoever.

Upon retiring from the publick business of the State, you will give
me leave to express the most ardent wishes that the Legislature may at
all times be guided by the Spirit of wisdom in the appointment of all
their judiciary and executive officers: That the Courts of Justice may
always remain pure and uncorrupted, in administering Justice to this
people: and that the people may continue to enjoy the blessings of
freedom and good government to the latest posterity.

Samuel Knight.

Eutland Oct yf 15th- 1794.

Erom the printed Assembly Journal of 1794 :

Oct. 18. — On motion by Mr. Jacob, Resolved, That the following
address from this house be presented to the Honorable Samuel Knight
Esquire, late Chief Justice of this state.

Sir, — This house in answer to your respectful address to both branches
of the legislature, take the liberty to express to you the lively sense with
which they are impressed of the justice, equity and propriety of your
conduct, in the discharge of the various duties of the important office of
Chief Justice of the Supreme Court — and of the dignity with which you
have so long presided.

Trom the original, in Ms. Vt. State Papers, Vol. 24, p. 75.

438 Appendix C.

Of the consciousness of the most upright intentions and views with
which you declare you have been uniformly actuated, we are fully
convinced.

We are happy to find that you do not question the right or propriety
of the assembly in displacing its officers.

And in retiring, sir, from the public business of the state, we wish you
may enjoy all the satisfaction appertaining to private and social life, —
long continue a blessing to your family and society, and when the cur-
tain of life shall drop, receive a crown of Glory that shall never fade
away. (Signed) Daniel Buck, Speaker.

Oct 21. — Whereas the honorable Samuel Knight, Esquire, has never
received a grant of lands from this state or the government of New-
Hampshire and New-York, and it being suggested that there are small
gores of land, not granted or claimed by any private individual:

Therefore, Resolved, That the Honorable Samuel Knight, Esquire,
have liberty to bring in a bill granting him two thousand acres of land
in this state (if there be that quantity unlocated to be found,) under
such regulations, restrictions, conditions and reservations, as the legis-
lature shall direct.

An act was passed accordingly. — See printed Laws of Vermont. 1794,
p. 66.

Israel Morey to Gov. Chittenden, resigning the office of Brigadier General.1

Sir I have for nearly twenty years Served my Country in the Military
department, I am now so far advanced in life, that I wish for leave to
resign my office as Brigadier General in the Second Brigade & fourth
Division of Militia.— 1 think, Sir, it would be for the interest of the
Brigade which I have the honor to command that I should resign at
this time. — 1 therefore request your Excellency that you would be
pleased to accept of it. I have the honor to be your Excellency's most
obedient and humble Servant. Israel Morey.

Rutland, Oct1- 18th- 1794.

His Excellency Thomas Chittenden.

Attest Truman Squier, Sec.

William Chamberlain of Peacham was elected vice Morey resigned.

Gen. Morey represented Orford, N. H., in the Vermont Assembly
in 1778 ; and Fairlee in 1786, 1788 until 1791, and 1793 until 1798—
eleven years. He was Judge of Orange County Court 1786, 1789, and
1790 ; also a member of the Constitutional Convention of 1793. It is
evident from his letter that his military services included the whole of
the revolutionary war. In May 1775 he was a delegate from Orford to a
Convention at Exeter, N. H., to take measures to restore the rights of
the colonies ; and in November of the same year he was delegate to a
like Convention at the same place. Samuel Morey, second son of Gen.
Morey, propelled a boat by steam in 1792 to 1793, ten years before Ful-
ton constructed his experimental steamboat. Fulton in fact had the
benefit of Morey's invention, and supplanted him.— Ft Hist. Magazine,
Vol. II. pp. 893, 894 ; and Deming's Catalogue.

x From the original in Ms. Vermont State Papers, Vol. 24, p. 77.

Appendix C, 439

Letter of Enoch Woodbridge, on accepting the office of Judge of the
Supreme Court.1

Rutland Oc4- 29 1794.
Sir through you I would communicate to the Honble House that I
have this day appeared before his Excellency and taken the Oath of
Office as one of the Judges of the Supreme Court in this State agreeable
to my appointment.

I would further communicate to the Honble House the high Sense I
feel for the Honor conferred on me in the appointment. I feel Sir as if
the Lives, Liberties and property of my fellow citizens are to be2 in some
Degree committed to my charge. — I feel it Sir as a heavy Charge — but
hope by the ade and guidance of Divine providence & by the good coun-
sel of my Fellow citizens 1 may be enabled to Discharge the Duties of
the Office to Gen1 Satisfaction.

I am Sir with Esteem your most Obed1- and HumbL Servf-

Enoch Woodbiudge.
The Honhle Dan1- Buck Speaker.

Enoch Woodbiudge was in the continental service in 1779 as Com-
missaiy of Issues. Soon after the close of the war he became a citizen
of Vermont, residing at Vergennes, of which city he was the first Mayor.
He was a member of the Assembly from 1791 until 1795, and again in
1802; a Delegate in the Constitutional Convention of 1793; Judge of the
Supreme Court in 1794 and until 1801, and Chief Justice for the last
three years of service. He died in May, 1805. His successors in pub-
lic service were the late Hon. Enoch D. Woodbridge, and the present
Hon. Frederick E. Woodbridsre, both of Vergennes.

Resignation of Thomas Porter, and proceedings thereon.
From the printed Assembly Journal, 1794:

Oct. 29. — The honorable Thomas Porter, esquire, appeared in the
house, and informed them, that from the infirmities of his age, he had
been induced to resign the office of a councillor, in this State, and of
course his seat in the council had become vacant. After expressing a
wish for the present and future prosperity of this and the United States,
he withdrew.

Oct. 30. — Mr. Jacob, from the committee appointed to draft an address
to the Honorable Thomas Porter, Esquire, reported as follows, viz.

Resolved, That the following address, signed by the speaker and coun-
tersigned by the clerk, be presented to the Honorable Thomas Porter,
Esquire, who hath lately resigned his seat as a councillor, and that the
same be entered on the journals.

Sir — This assembly, sensible of the uprightness and integrity with
which you have so long filled the office of a Counselor in this state, regret
that the time has arrived, when you say, the infirmities of age have
induced you to retire to the private walks of life. In the name of the
freemen, they thank you for the patriotic firmness, with which you have
for a long series of years, stepped forth in support and vindication of
their liberties. Be assured, Sir, you retire with the approbation of your

1 From the original, in Ms. Vermont State Papers, Vol. 24, p. 78.
2 " Are " erased and " to be " inserted.

440 Appendix O.

country for your past services, and their ardent wishes for your present
and future felicity. Daniel Buck, Speaker.

Richard Whitney, Clerk.

Which was read and accepted. Ordered, That the clerk present the
above address.

In Council, Oct. 30 1794.

The Letter of Address from the Legislature to the Hon1ble Thomas
Porter Esq'r on his Resignation of his Office as Councillor [was] Read
and Unanimously approved by the Council.

Declination of Lieutenant Governor Hunt.

From the Rutland Herald of June 27 1796.

To the Freemen of the State of Vermont.

By your choice, I have had the honor of filling the office of Lieuten-
ant Governor, in and over said state, for the two last years. So far as I
could learn my duty, I have endeavoured to discharge it. The suffrages
of my fellow citizens, at all times, command my respect. As they were
unsolicited in that appointment, they excite my unfeigned gratitude.
Should I again be honored with the election, the present arrangement
of my affairs will oblige me to decline it. I therefore unequivocally re-
quest those who have honoured me with their votes, to give them to
some other person. Jonathan Hunt.

This resignation of the Lieutenant Governor [added the Herald,] will
be matter of sorrow to the citizens of this state. While the blessings of
heaven follow him in his retirement, may his office be filled with another
steady republican; who, disdaining the iniquities of electioneering, like
Mr. Hunt, shall find a faithful discharge of the duties of an active and
useful life, the surest as well as the m<
ins the suffrages of his fellow citizens.

Resignation of U. S. Senator Moses Robinson, in 1796.
Governor Chittenden to Lewis B. Morris, Speaker of the House. !

Rutland, Oct. 15th, 1796.

Sir Having Recd the inclosed Letter from the Honble Moses Robin-
son, Esquire, one of the Senators from this State, to the Congress of the
United States, containing his resignation of that office, I have Taken
the earliest opportunity to communicate the same to the General As-
sembly. You will Please to communicate this Together with the
inclosed Letter from him. — Am Sir your most Obedient & very Humble
Servant. Thos- Chittenden.

Speaker of the House of Assembly.

The letter enclosed was as follows :

Rutland, 15th Oct. I796.2

Dear Sir, — Having an appointment to the office of Senator of the
United States, it was my intention to have served the whole term for
which I was elected, but the circumstances of my domestic affairs are
such as render it wholly incompatible with my interest or duty any
longer to hold that office.

1 From the original letter in Ms. Vermont State Papers, Yol. 24, p. 91.
2 From the printed Assembly Journal of 1796, p. 17.

Appendix C. 441

I therefore- take this method to communicate to the Legislature, from
whom I received the appointment, a resignation of said office. However
desirable popular applause may be, yet the consciousness of having
acted with integrity and from the purest principles of the love of our
country, affords a consolation highly to be preferred. The free suffrages
of my fellow citizens for a number of years past, gave me an opportu-
nity to express my attachment to their interest — and be assured, sir,
that a just sense of my obligation to my country is too deeply impressed
on my mind ever to be effaced, or to [permit me to] be an indifferent
spectator of its prosperity or misfortunes. I am, dear sir, with respect,
and sentiments of high esteem, your excellency's most obedient and
very humble servant. " Moses Kobinson.

His Excellent/ Thomas Chittenden.

Joseph Marsh to the General Assembly.1-
To the Legislature of the State of Vermont, now sitting at Rutland:

Gentlemen, — Age, infirmity and a wish not to stand in the way of the
usefulness of one better qualified, forbid my longer exercising the office
of Chief Justice of the County Court for the county of Windsor —
Therefore with a grateful sense of the honor done me, by your repeated
former appointments — I must request you to consider me no longer as a
candidate for that office. Joseph Marsh.

Hartford 15th Oct. 1796.

Isaac Tichenor, on his election as United States Senator, to Gov. Chit-

tenden "

Rutland, Oct. 20th, 1796.

Sir, — By a message from the Secretary of Council, I am informed,
that it has been the pleasure of the Legislature to confer on me an ap-
pointment to represent this State in the Senate of the United States, as
well to fill the vacancy occasioned by the resignation of the honorable
Moses Robinson, as for the term of six years.

The confidence placed in me by my fellow citizens, in this instance,
excites my most grateful acknowledgments, and demands my best exer-
tions to promote their true interests.

Under these impressions I conceive it to be my duty to decline an ac-
ceptance of the office of Chief Justice, which the legislature have been
pleased to confer on me, and with the purest motives devote myself to
a faithful discharge of the trust committed to me, as Senator of the Uni-
ted States.

I am, sir, with due respect, your Excellency's obedient and very hum-
ble servant, Isaac Tichenor.

His Excellency Thomas Chittenden, Esq.

To be communicated to both Houses of the Legislature.

Nathaniel Chipman was elected Chief Justice by the Grand Commit-
tee, vice Tichenor declined.

Gov. Chittenden to Samuel Mattocks, on a case of apprehended defalcation.9

Having been informed that William Sweetser, sheriff of Windsor

county, was in danger of bankruptcy, treasurer Mattocks asked the ad-

1 From the original, in Ms. Vermont State Papers, Vol. 24, p. 90.
'From the printed Assembly Journal/Oct. 20, 1796.
3 Ms. Vermont State Papers, Vol. 24, p. 173.

442 Appendix O.

vice of the governor as to issuing extents on which Sweetser as sheriff
would receive the mon^y. The reply follows:

Williston 18th of April 1796

Sir I received your Letter of the 2d Instant yesterday have ob-
served its Contents

Alowing the facts Contained in the representation made to you by a
Gentleman from the County of Windsor to be true (that you are to Judg
of as I have not his name neither have I had opportunity to Question
him) I am at no loss to advise you to withhold the Extents from Esqr
Sweeteners

if this must be done your owne wisdom will direct you as to the man-
ner if you make it known to the County that your Extents will not be
sent till Octr- Session it will Caus a delay in the Collection of the money
the dammeg of which will in nowise Compare with a Total Loss of it

Should you hold back the Extents and Say nothing abought it they
[the tax-payers] will Expect them from Weeke to Week 1 and it might
put it in Esq1- Sweeteners Power to obtain a large Sum of the money and
should he fail [as he did] the Constables would Suffer and the Govern-
ment be kept out of it a number of years

I am Sir yours in Sincerity Thos- Chittenden.

Samuel Mattocks Esqr-

Samuel Hitchcock, and Boswell Hopkins, Commissioners for revising the

statutes, to the Legislature, on the inadequacy of their compensation.2
To the honble the legislature of the State of Vermont —

The subscribers have flattered themselves by the almost unanimous
concurrence of the legislature in the several bills reported by the Com-
mittee of revision, that they had executed the trust reposed in them with
acceptance and fidelity.

From the short period allowed them for the completion of the busi-
ness, they have been driven to the necessity of wholly neglecting their
private concerns, and of making extraordinary exertions to effect the
object. — Having been informed of the wages resolved for their services
per day by the General Assembly, they consider the same inadequate to
the private sacrifices and exertions which they have made, and altho
they would be willing to make a partial sacrifise for the good of the pub-
lic, they cannot feel themselves justified to themselves and families
in further pursuing the business for the compensation proposed. — And
while they avow the above sentiments for themselves, they are suffi-
ciently authorised to express the same for their friend and colleague
Judge Chipman, and therefore must beg to be discharged from any far-
ther attention to the business of their appointment — and have the honor
to be, with the most perfect respect, yours and the public's very humble
Serts- Sam. Hitchcock,

KosL- Hopkins.

Rutland March 7th 1797 2 oClock P. M.

Gov. Chittenden to the Freemen of Vermont, declining the office of Governor.

July 1797.
My Fellow Citizens. — Impaired as I am, as to my health, I have had
thoughts of addressing you on the propriety of preparing your minds in

1 The mail went once a week.

2 From the original, in Ms. Vermont State Papers, Vol. 24, p. 98.

Appendix C. 443

the ensuing Election, to place in the Chair a worthy citizen to adminis-
ter this Government. As the period for that purpose is drawing nigh,
your thoughts must be employed in designating the person who is to be
clothed with that important trust. And that the expression of the pub-
lic voice may be more unanimous, I now apprize you of the resolution I
have formed to decline being considered as a candidate at the ensuing
election.

Impressed with a sense of your former attachment to my person and
character — the obligations I am still under to you, together with my
continued warm attachment to the interest and welfare of the people of
this state, must induce you to believe that unanimity of sentiment, not
only in the choice of my successor, but in every exertion to promote the
interest and happiness of the people of this state, from whom I have so
long had, not only the honor to govern, but also their confidence and
approbation, will be to me the greatest pleasure.

That you may be harmoniously united in appointing a worthy and
virtuous citizen for that purpose, and that the administration and other
parts of the government may, under God, be directed to the best pur-
poses for the peace and happiness of this people is my most fervent
wish. The benefits which we have reason to expect will be transmitted
to posterity, resulting in our united exertions in the organization and
support of this government, will be to me an adequate reward for the
many years devoted to your service with an upright zeal.

And while I express my warmest attachment for, and acknowledg-
ment to the worthy Freemen of this state, committing their interests
and concerns, together with my own, to the all-wise and benevolent
disposer of all things, 1 shall continue my earnest prayers ibr the con-
tinuance of his favors, and that we may be saved from internal discord
and foreign invasion, and that the great and benevolent Jehovah may
continue to be our protector. Thomas Chittenden.

State of Vermont, July, 1797.1

Gov. Tichenor to Samuel Mattocks, on the paymeyit of the debt to New

York}

Novr 22d 1798.

Dear Sir, I omitted to mention to you my earnest wish that the Debt
due to the State of New York should be paid as soon as possible— in
case any of your neighbours were going to Albany, in whom you could
confide, you might send the Money at different times by them & lodge
it in the bank of Albany -this would be an easy & safe mode of making
the payment, & when the whole should be remitted, you might person^
ally attend & finish the business— you will not consider, that the State
of New York has a right to demand any Interest.

I am in friendship yours— Isaac Tichenor.

The Treasurer.

1 From The Rutland Herald of Aug. 14 1797. In all the Vermont
newspapers this letter was erroneously styled " Gov. Chittendeu's Res-
ignation," and the historians Williams and Thompson have perpetuated
this error.

2 Ms. Vermont State Papers, Vol. 24, p. 185.

444 Appendix O.

Same to Same.1

Dec' 7th 1798.
Dear Sir, The last Mail deceived me, otherwise I should then have
written to you on the subject of the York Debt — since my last to you on
this subject — the Comptroller [of New York] says — you may send any
sum, even to ten Dollars, to the Treasurer (Robert McClallen) at Al-
bany, and it shall be received, & recetecl— he thinks this will be the
easiest and most eligible mode of remittance — the sum is much wanted,
and I flatter myself it will be in your power to forward it, soon.

I am your friend Isaac Tichenor.

The letters to the State Treasurer, preserved in the Vermont State
Papers, give abundant evidence of the great poverty of the people ex-
cept in land, and that the taxes necessarily imposed, for both the ordin-
ary revenue and the extraordinary payment to New York, were very
burdensome. Tor example: July 20, 1798, John Mattocks, subsequently
governor, wrote to his father, Samuel Mattocks, then state treasurer,
thai he (John) had borrowed fifty-three dollars of first constable Scott
of Peacham, " out of that vanity the cent tax," 2 which sum he was con-
strained to borrow to discharge his court and clerk's fees at the last term
of the court. The money was to be repaid on the day this letter was
written, but, continued John, " alas it is to me unobtainable out of con-
siderable (I might almost say large) sums now due by note book & exn-
I cannot raise the inconsiderable sum above mentioned therefore am
oblidged to give this letter to Scott [the constable] in payment of the
$53;" and then begged his father to take his note and discharge the
debt.8 It is evident from the assurance of its comptroller that New
York also was in great need.

Letter of Boct. Boswell Hopkins, on resigning the Office of Secretary of

State.

Burlington, October 15, 1802.

Sir, — Through you it becomes my duty to communicate to the House
of Representatives, that I expect shortly to remove from this govern-
ment, and must decline a re-appointment to the office of secretary of
state: an office to which, for fifteen successive years, I have been elected
by the, almost, unanimous suffrages of that honourable House. A con-
fidence thus reposed in me, by the guardians of the people, demands my
acknowledgments, and I cannot retire from office without expressing
my gratitude, and most ardent wishes for the prosperity of the state, in
this public manner. I am, Sir, with sentiments of high esteem, Your
most obedient Humble servant, Roswell Hopkins.

The lion, the Speaker of the House of Bepresentatives.*

1 Ms. Vt. State Papers, Vol. 24, p. 193.

2 In October 1797, a tax of one cent on each acre of land in the state
was imposed, to meet the state expenses for 1798, in lieu of a tax on the
grand list.

3 For the letter of John Mattocks see Ms. Vermont State Papers, Vol.
24, p. 205.

4 Printed Assembly Journal, 1802, p. 9.

Appendix C. 445

Letter of Hon. David Wing, Jr., on accepting the office of Secretary of

State.

To the Honourable Abel Spencer Esq.

Speaker of the General Assembly of the State of Vermont.

Sir, — Impressed with a lively sense of the honor conferred on me by
the general assembly, in appointing me to the office of Secretary of
State, I return therefor my sincere and grateful thanks. When I con-
sider the importance of the office, and my own qualifications, it is with
much diffidence I accept the appointment. I consider it very unfor-
tunate for me, that I receive the appointment on the resignation of a
man, who has filled the office for a number of years, with the universal
approbation of the state; for any error of mine in the execution of the
office, will of course be more glaring in the view of the public. How-
ever, I flatter myself, that every unintentional error I may commit, will
be excused by the candid and honest. D. Wing, Jun.

Burlington, Oct. 18, 1802.

David Wing, Jr., was born in Kochester, Mass. June 24 1766, came
to Montpelier about 1790, and for twelve years served as town clerk,
town representative, and judge of the county court, and then was elected
to the secretaryship. To this office he was annuallly re-elected until his
death, Sept. 13 1806. By his capacity, integrity, and gentlemanly man-
ners, he became one of the most popular of the public men of the State;
of which the fact that, while he was a Federalist in politics, Bepublican
legislatures retained him constantly in office, is ample proof. Had he
lived, he doubtless would have been employed in many higher offices. —
See D. P. Thompson's History of Montpelier, pp. 175-177.

For other papers see as follows: Address of the Council of Censors to
the General Assembly, ante, p. 46; Letters of resignation by Gamaliel
Painter, ante, p. 95— Truman Squier, ante, p. 173— Gen. William Cham-
berlain, ante, p. 239 — and Luke Knoulton, ante, p. 271.

APPENDIX D

INTEENAL IMPEOVEMENTS, ON LAND AND WATEE.

A very large proportion of the acts of the legislature, in the period
covered by this volume, levied taxes on the proprietors of land in the
new towns in the State, to raise money to be expended in building and
repairing roads and bridges — the purpose and effect being to impose a
portion of these burdens upon the owners, both resident and non-resi-
dent, of the land to be benefitted by the expenditure ; but at the same
time, by a general statute, each male person, (clergymen and teachers
excepted,) between the ages of twenty-one and sixty years, was required
to work out, on the highways, a tax of sixteen shillings annually. l In
some special cases lotteries were authorized, the proceeds of which were
used in the construction of roads and bridges which were either unus-
ually expensive or of more than local benefit. Within the same period,
turnpikes were provided for by acts of incorporation ; and the exclusive
right to run stages and maintain ferries was in some instances granted.

Champlain Canal, and Navigation of Connecticut Eiver.

While these necessary works of internal improvement were going on
— and the multitude of them made the expense very heavy,— there was
an equal necesssity for avenues of transportation out of the Stale, and
especially to the seaboard, and it is found that to this matter public atten-
tion was turned with more interest and zeal than it had been, at an ear-
lier date, to Ira Allen's project of a canal from the river St. Lawrence
to lake Champlain.2 The earliest allusion to this subject in Vermont is
the following in the Vermont Gazette of Sept. 6, 1790 :3

'Acts of March 8 1787, and Nov. 1 1792.

2 See Yol. Ill, pp. 407-420.

3 About 1784, perhaps later, William Gilliland, of Willsborough, N. Y.,
wrote as follows :

The region of both sides of Lake Champlain, is now a well inhabited
country, and the lands amazingly advanced in value even at present.

Appendix D. 447

Bennington, September 6.

A correspondent from the county of Rutland informs, that the plan of
opening a water communication between Lake Champlain and Hudson's
river, lias become a subject of much conversation in that and the
northern counties of this state. A company of gentlemen in that
part of the country have agreed to make an excursion a few weeks
hence, for the purpose of examining the ground between Fort Anne and
Hudson's river, and determining the practicability of the scheme, by
actual mensuration, if necessary. Our correspondent adds, that the
practicability cannot be doubted, if a stream of water can be found suffi-
cient to supply a canal, capable of being brought on to the highest
ground in the course. Wood Creek is boatable from Lake Champlain
to Fort Anne, fifteen miles, except the falls at Whitehall, which may
easily be locked ; from Fort Anne to the Hudson is twelve or fourteen
miles through a level country.

The advantages to be derived from the accomplishment of such an
undertaking, to the fertile country adjacent to Lake Champlain, are al-
most inconceivably great ; and the addition of 150 miles inland naviga-
tion, through the most fertile and thriving country in this part of
America, to the present commercial advantages of New York, will give
them a decided superiority in trade to any place in the union. It is
apprehended, should the execution of the scheme be found possible, by
actual survey, the expensiveness of the undertaking will be no obstacle
to its accomplishment. It is an object worthy the attention not only of
individuals, but the legislatures both of New York and Vermont.

This was more than a year before, in March 1792, Gen. Philip
Schuyler, aided materially by Elkanah Watson, procured from
New York the charter of the Western and Northern Inland Lock Nav-
igation Companies, which were the precursors of both the present Erie
and the Champlain canals.1

Simultaneously with this project in western Vermont, in eastern the
improvement of Connecticut river for navigable purposes was consid-

How much more valuable will they become, when an Inland navigation will
be made from sea to sea, which it is expected will be completed in less than
two years from this time. — See Winslow C. Watson's Champlain Valley,
pp. 196-198.

Mr. Watson construes this as meaning a canal from Lake Champlain
to Hudson's River, which was not entered upon until 1792, and even the
most brilliant imagination could hardly conceive the probability of its con-
struction in two years. Perhaps Gilliland's word was ten, misread "two,"
a common error. It seems to be more probable that Mr. Gilliland had
in mind Ira Allen's projected canal between Lake Champlain and the
St. Lawrence river, the survey of which was actually completed in 1785.
—See Ira Allen's History of Vermont, in Vt. Hist. Soc. Collections, Vol.
I, pp. 472, 477-480. On either hypothesis, Gilliland undoubtedly some-
what interested and influenced his Vermont neighbors on the eastern
shore of the Lake. His enterprises were large, and his associations
with Vermont intimate.

1 See Men and Times of the Revolution, by Elkanah Watson, pp. 316-331.

448 Appendix D.

ered, and at the October session of the legislature of 1791, the following
was one of the articles of business assigned for that session:

10th. That the Legislature take into consideration the expediency of
opening a communication between the waters of Lake Champlain and
Hudson's river — and also of rendering the navigation of Connecticut
river more easy and advantageous.

This article was committed to Messrs. Arad Hunt of Hinsdale [Ver-
non,] Jonathan Robinson of Bennington, Roger Enos then of Hartland,
Matthew Lyon of Fairhaven, Gamaliel Painter of Middlebury, William
Dennison of Strafford, and Ira Allen of Colchester; and Jonathan Ar-
nold was joined from the Council. Oct. 31 this committee made a re-
port in respect to the proposed Champlain canal, which report was
tabled for the time then being, and no notice is found of any subsequent
action thereon in the journal of the Assembly, nor was the report
printed. * It is probable that the report was favorable to the scheme, but
recommended no definite action, as New York, within the limits of
which the whole work was to be done, had not then authorized it. On
the same day, the House passed a bill entitled "An act granting to Will-
iam Page, [then of Charlestown, N. H., finally of Rutland,] Lewis R.
Morris [of Springfield,] and their associates, their heirs, and assigns,
forever, the exclusive privilege of locking Bellows Falls." This act
fixed the tolls for thirty-two years; provided that at the end of that
period, and every ten years thereafter, the supreme court might reduce
the tolls, but not so as to prevent the proprietors from receiving twelve
per cent, per annum on their actual expenditure; and made it the duty
of the governor to issue a charter to the grantees, " and to incorporate
them into a body politic, by the name of the company for rendering Con-
necticut river navigable by Bellows falls, with such privileges and immu-
nities as may be necessary for the safety and well ordering of said prop-
erty." For some reason, and possibly from an unwillingness of the
gevernor to exercise the great powers reposed in him by this act, an act
of incorporation of the same company was passed in October 1792,
which, in addition to the provisions of the first act, authorized the county
court by committees to assess damages for lands taken, and for injuries
to private property.2

Under the act of New York of March 1792, work was commenced on
the Champlain canal in 1793, at Whitehall, and probably elsewhere on

1 At the next session, Oct. 1792, the governor communicated a letter
from William Eaton, relative to this report. Eaton had been clerk of
the House in 1791. His letter cannot be found.

8 See Laws of Vermont, Haswell's revision printed in 1791, and Acts
of 1792. It is worthy of note that the powers here given to the courts
in respect to land damages, and the reduction of tolls, were embraced in
the charters for railroads nearly half a century later. The provision as
to land damages was undoubtedly derived from the statute as to lands
taken for highways.

Appendix D. 449

the line, but was soon discontinued for the reason stated in the following
letter :

Gen. Philip Schuyler to Gov. Chittenden.1

Albany October 17th 1793.

Sir, — The legislature of the state of New York has incorporated a
company for the purpose of opening a canal and lock navigation from
the tide of water of Hudson's river to Lake Champlain. If the object of
the Institution is compleated the most extensive benefits will result as
well to the citizens of Vermont, as to those of this state. The works
have been commenced and were progressing with a pleasing celerity,
when they were arrested by the defalcation of many of the stockholders
who neglected makeing payment of the Second requisition of twenty five
dollars on eacn share assigning for reasons, that as only 672 shares had
been subscribed and the estimated expence amounting to 225000 dollars,
each share would amount to about 335 dollars ; this, especially those
who held many shares, conceived would be beyond their means. They
have however since generally made the required payments, intending to
sollicit further aid from the Legislature of this State, either by an addi-
tional donation to the company, or by taking an extensive number of
shares in the stock, and there is little doubt but that relief will be ob-
tained in one or other of these ways.

The directors have been advised that It was probable the Legislature
of your state would contribute to this important undertaking, and have
requested me to make the above communication, — should aid be ex-
tended by your state your Excellency will pardon the liberty I take in
suggesting the stipulations which appear to me proper to accompany any
free gift — and which will secure Its application to such part of the im-
provements in which the citizens of Vermont are more immediately
interested, — and which are, that the gift should [be] exclusively appropri-
ated to clearing, straitning and deepning Wood Creek, from the canal
and locks now constructing at Skensborough [Whitehall] to that part of
said creek where It will be intersected by a canal to be drawn from
Hudson's river near Fort Edward, and that the improvements should be
made on such a scale as to admit the passage of vessels of sixty feet in
length, ten in breadth, and to draw at least two feet of water,2 and that
If the whole gift is not expended in this improvement the residue to be
laid out on the canal to Hudson's river aforesaid, — but If the legislature
should prefer to direct the subscription of a number of shares, then
nothing more will be necessary than to make provision for the payment
of fifty dollars on each share, being the sum paid by the original Sub-
scribers, and to direct the payment of such future requisitions as the
directors may call for on each share, in a general requisition upon all the
stockholders.

If aid is extended to the company in either way, by the legislature of
your state and by this, I am perfectly confident that the improvements
may be compleated in five years to carry vessels of the burthen above-
mentioned, and even larger, from Lake Champlain to the town of Troy.
It is certainly needless to detail the advantages which will be derived to

1 From the original letter, in Ms. Vermont State Papers, Vol. 24, p. 66.
A literal copy is given, with the addition of a few points.

2 The Champlain canal, as completed by New York in 1823, was forty
feet wide at the surface, twenty-eight feet at the bottom, and four feet
in depth.

29

450 Appendix D.

the community from a completion of the contemplated work. They
will readily occur to Your Excellency and to the enlightened legislature
of the state in which you preside.

1 have the honor to be with great regard Sir Your Excellency's Most
Obedient Servant Ph: Schuyler.

His Excellency Governor Chittenden &c. &c.

The foregoing letter was communicated to the General Assembly by
the governor, and it was referred to Samuel Hitchcock of Burlington,
Daniel Farrand of Newbury, Enoch Woodbridge of Vergennes, Matthew
Lyon of Fairhaven, and Elijah Kobinson of Weathers field, to whom
Councillors Safford and Marvin were joined. On the 4th of November,
this committee reported " That the Legislature take measures to direct
the purchase of twenty shares in the company for the use of the State ; ''
but, it being the last day of the session, the letter and report were re-
ferred by the Assembly to the next session. No legislative action oc-
curred until 1796, and it appears from the following letter that the com-
pany had suspended the work.

Gen. Philip Schuyler to Gov. Chittenden.2

Albany October 10th 1796.

Sir, The board of directors, of the northern inland navigation com-
pany, in this state, have determined to re-commence their operations in
the ensuing year, and to prosecute, with all possible celerity, the im-
provements in the internal navigation. Their first object will be, the
completion of the canal, and locks at Skensborough [Whitehall,] and to
clear wood creek, from the timber which Obstructs the navigation thereof,
so as to render it competent, for the passage of boats often tons burthen,
in the driest seasons; — to cut down such timber standing on Its banks,
as may fall into the Creek, and create fresh impediments, & to form a
towing path on one of Its banks, the expence of these works; that of
a canal and locks, to connect the waters of wood creek, with Hudson's
river, the improvements in that river, and the other canals, and locks,
requisite to form an uninterrupted water communication, between Lake
Champlain, and the tide water of Hudson's river, has been estimated at
three hundred thousand dollars. This sum, altho' inconsiderable, when
placed in competition with the almost invaluable advantages, which
must certainly result, from the facility with which the produce of the
country, between this and Lake Champlain, and that produced on both
sides of the lake, will be brought to market, when the work shall be
compleated, is nevertheless, so extensive, as not to be raised, without
much embarrassment to many of the original subscribers to the stock of
the company, under the conviction of this embarrassment, the Legisla-
ture of this state, has not only gratuitously bestowed, twelve thousand
five hundred dollars on the company, but as a farther aid, has subscribed
two hundred shares, on the part of the people of the state, there are
however, still One hundred and twenty-eight shares unsubscribed, of the
one thousand, of which the stock of the company is to consist.

As a very considerable portion of the citizens of Vermont will parti-
cipate in the benefits which will result from the operations of the com-
pany, the directors are persuaded, they may with propriety respectfully
sollicit the aid of your legislature, and therefore entreat that respecta-

2 From the original in Ms. Vermont State Papers, Vol. 24, p. 89.

Appendix D. 451

bl« body to Subscribe fifty shares to the stock of the company, on the
part of their constituents, and to cause Wood Creek to be cleared in the
manner above mentioned.

Should the Legislature be pleased to Subscribe fifty, or any other num-
ber of shares, permit me to mention, that the present stockholders have
already paid fifty dollars on each share, and that a like sum, would be to
be paid on each share, which may be subscribed on the part of your
state,— and as It is believed, that the aggregate expence of all the works
will not exceed the sum I have stated, only two hundred and fifty dol-
lars more, will be required on each share, by instalments, probably not
exceeding fifty dollars in each year, for the five ensuing years, in which
time it is expected to compleat the works, —and Should the legislature
be farther pleased to cause wood creek to be cleared and cut the timber
from Its banks, as abovementioned, It would require the labour of about
thirty men, for sixty working days, especially If in the Course of the
ensuing Winter, when the Ice in the creek shall be sufficiently strong to
Support the weight of trees on It, those trees were cut, and also so much
of the timber, already in the Creek, as may project above the Ice, and
both cut into such lengths, as that it may with facility float down the
Creek, with the spring freshes;

I have taken the liberty to Inclose for your Excellency's information ;
and that of the Legislature, the Act of Incorporation, and two Subse-
quent Acts relative to the Company, and a report of the board of direc-
tors, from which will be seen the benefits which have already resulted
to the community from the Operations of the Western company, may I
entreat you Sir to lay this letter with the papers inclosed, before your
legislature, and to sollicit your aid to Obtain the prayer of the directors,
— and to advise me of the determination of the legislature on the sub-
ject.

I have the Honor to be with great respect your Excellency's Most
Obedient Servant

Ph: Schuyler, president

of the directors of the Western Company.

His Excellency Thomas Chittenden Esqr &c dec &c l

Oct. 20 1796, this letter, with the accompanying documents, was pre-
sented to the Assembly and referred to Messrs. Elijah Dewey of Ben-
nington, Matthew Lyon of Fairhaven, Oliver Gallup of Hartland, Josiah
Arms of Brattleborough, Abel Thompson of Ferrisburgh, Daniel Far-
rand of Newbury, and Elisha Sheldon of Sheldon. Councillors Knoul-
ton and Strong were joined. Oct. 31, the committee submitted the
letter in full to the House, with the following report:

To the honorable the General Assembly, — Your committee to whom
was referred the consideration of the letter from the president of the
northern inland lock navigation company in the state of New- York —
with the accompanying papers, Report, That they have duly considered
the matter therein contained, and view it of the utmost importance to
the prosperity of this state, to give every encouragement to that very
necessary work, they therefore recommend it to the legislature to com-
ply with the requisitions contained in said letter, and in order to raise
the necessary sums your committee farther recommend the laying of a tax

1 The peculiar excellences and defects of this letter seem to warrant
the statement of Elkanah Watson, that "General Schuyler possessed the
highest order of talents, but without scholastic attainments."

452 Appendix B.

of two pence on each acre on every town in this state lying on Lake
Champlain, of one penny on each acre in the towns in the second tier
from the said lake, and one half penny on each acre on the towns in the
third tier, with the direction in the act for the monies arising from the
profits of such shares to be paid into the treasury of the respective towns
so taxed in due proportion, all which is submitted by

Luke Knoulton, for Committee.

In a postscript to this report, the committee further recommended, in
case the House accepted the report, " that the representatives of the
towns concerned nominate the persons who are to transact the business,
as it is not expected that the state treasurer will be concerned in the
matter." After debate, it was resolved to postpone the subject until the
next session ; but on the 2d of Nov. Elisha Sheldon of Sheldon intro-
duced a bill entitled "An act enabling all the organized towns in this
state to tax themselves for the purposes therein mentioned ;" and Nov.
8th it became a law. The preamble of this act was as follows :

Whereas the legislature of the state of Newyork have established a
company in said state, called and known by the name of the President,
Directors, and Company of the northern inland lock navigation from the
now navigable part of Hudson's river to Lake Champlain ; & have en-
abled said company to receive and enjoy certain profits which may
arise therefrom. And whereas the President of said Company has
made application to this legislature to subscribe for fifty shares thereof,
— And although it appears to the legislature, that the purchase of said
shares, for the purpose of encouraging said undertaking, would be highly
beneficial to the state at large, yet as it would be more particularly ben-
eficial to the western and north western parts thereof, the legslature do
not think fit to purchase said shares with money taken from the public
treasury, but for the purpose of encouraging an undertaking so laudable
and beneficial to mankind, the legislature have thought fit to enable
such towns as, from a spirit of liberality and enterprize, shall have a wish
to become stockholders in said company, to tax themselves for the
purpose.

Therefore the act authorized and empowered organized towns to levy
a tax not exceeding six per cent, on the grand list, or a land-tax not ex-
ceeding three pence per acre payable in money only, for the purpose
stated, and went on to provide for the collection of the taxes.1 It is not
known that this act was in any degree successful, but it is worthy of no-
tice as being the precedent for several acts of recent date, and also of the
existing general statute, authorizing towns to aid, by bonds or stock, in
the construction of railroads.

While Gen. Schuyler was endeavoring to push on the work of his com-
pany in New York, the men of enterprise in the valley of Connecticut
river were not idle. By companies chartered by Vermont, and in one
instance at least by a lottery, means were raised for clearing the bed of
the river, and constructing the necessary canals and locks. Massachu-
setts and Connecticut co-operated in the work, and finally the river was
made available for transportation by flat-boats and rafts, much to the

xSee Laws of 1796, pp. 42-47.

Appendix D. 453

advantage of the inhabitants of the valley in Vermont and New Hamp-
shire. These improvements were specially advantageous to those en-
gaged in the lumber trade; and the canals still furnish water-power for
manufactures of great value. In 1830, a small steam-boat ascended the
Connecticut to Wells River Village; in 1831, five additional boats were
built and put on the river at different sections between Hartford, Conn.,
and Wells River Village, and were run about a year; but in 1832 the
company failed, and the boats were withdrawn. -">

1 Vermont Historical Magazine, Vol. n, p. 955.

APPENDIX E.

SURVEILLANCE OF THE NORTHERN" FRONTIER BY
BRITISH TROOPS— 1783 to 1796.

It has already been stated, in Vol. in, pp. 395-6 and 400, that in 1784,
British garrisons were maintained at Dutchman's point in North Hero,
Vt., one half mile south of Alburgh, at Point au Fer in N. Y., opposite
to Alburgh, and also at various points from Ogdensburgh to Michili-
mackinac, covering the northern frontier of the United States from
Vermont to Lake Superior. To these facts is to be added another, that
a British armed schooner, with a full complement of sailors, gunners
and marines, was stationed at Windmill bay, between Alburgh and
Point au Fer, and its commander had supervision of all boats passing
through the Lake in any direction, co-operating with the garrisons,
which were materially strengthened in 1791. l Alburgh was chartered
to Ira Allen Feb. 23 1781, but had no legally organized government,
under any authority, until June 7 1792, when the people, by the direc-
tion of Gov. Chittenden, met and organized as a Vermont town.2 Down
to that date, there was no serious disturbance from the British garrisons
in the neighborhood ; and for a year previous, any difficulty with them
on account of the act of Congress making Alburgh the port of entry and
residence of the collector of the district, had been obviated by Secretaiy
Hamilton, who delayed execution of the act.3 With the organization of
the town, however, interferences were commenced by the British offi-
cers, and were continued with much annoyance until late in 1794 ; and
a correspondence ensued, in which Gov. Chittenden of Vermont, Lieut.
Gov. Clarke of the province of Quebec, Lord Dorchester the Governor
General of the Canadas, Geo. Hammond the British minister at Phila-
delphia, and the U. S. Secretaries of State, Thomas Jefferson and Ed-
mund Randolph, took part.

Before giving such parts of the correspondence as relate to Vermont,
showing the assumption of jurisdiction by Vermont over the town of
Alburgh, and the difficulties with the British that ensued, it is necessary

1 See Vermont Journal of June 28 1791.

2 See affidavit of Benjamin Marvin, dated Oct. 18 1792, post.

3 Albany Gazette, copied in the Vermont Gazette of Oct. 17 1791.

Appendix E. 455

to say that the French line of latitude, 45° north, had been agreed upon
in 1766 by Sir Henry Moore, then governor of the province of New
York, and Brig. Gen. Guy Carleton,1 then in Canada, and that this line
was acknowledged by Great Britain, in the treaty of 1783, to be the
northern boundary of the United States so far as Vermont and part of
New York were concerned. The maintenance of British posts south of
this line, from 1783 to 1796, was therefore a plain infraction of the treaty.
The representatives of Great Britain so confessed, but excused the of-
fence on the ground that the United States were at the same time
violating the fourth, fifth, and sixth articles of the same treaty. Other
important facts necessary to be stated are, that on the first day of No-
vember 1744, the King of France had granted the township of Alburgh
to Francis Focault ; that after the conquest of Canada, this grant had
been confirmed by the King of Great Britain ; that the title had passed
from Focault through Gen. Haldimand aud Henry Caldwell to John
Caldwell — all British subjects ; and that, at the time of this controversy,
many citizens of Caldwell's upper manor, alias Alburgh, were in posses-
sion of their land under the Caldwells, either by deeds or as lessees.
Hence, in the British point of view, the title in Focault's successors was
good.2 Moreover, the fifth article of the treaty of 1783 stipulated

That the Congress shall earnestly recommend [as it did] to the legis-
latures of the several states, to provide for the restitution of all estates,
rights and properties which have been confiscated, belonging to real
British subjects, and also of the estates, rights and properties of persons
resident in districts in the possession of his majesty' 's arms, and who have
not borne arms against the United States.

Great Britain insisted that this article had been violated by the United
States; and when Gov. Chittenden organized Alburgh as a Vermont
town in 1792, it is certain that Henry Caldwell regarded it as fatal to his
title. It therefore may be concluded, though it is not so stated in terms
in any part of the correspondence to which access has been had, that
Lord Dorchester and the British minister also regarded the action of
Vermont as being dangerous to the Caldwell title, and a violation of
the treaty.

On the other hand, Gov. Chittenden had far stronger reasons for
asserting the jurisdiction of Vermont over that town. By an act, to
which Lord Dorchester himself was a party in 1766, the town was sev-
ered from Canada and became and remained a part of New York, in law,
until the controversy between Vermont and New York had been set-
tled;3 it was assigned to Vermont by the resolution of the Continental

1 Who had become Lord Dorchester at the time of this controversy.

2 As to the title of Focault and his successors, see letter of Henry
Caldwell to Gov. Chittenden, and the documents therein referred to,
post, p. 456.

3 The Caldwell title finally failed because, as one ground at least, it had
not been recorded in New York.

456 Appendix E.

Congress of Aug. 20 1781,1 to which New York consented in 1790; by
the treaty of 1783 Great Britain confirmed it to Vermont, and Congress
also confirmed it by the act of 1791 which admitted the State into the
Union. Thus in 1792 Gov. Chittenden had a perfect right, in every
point of view, to assert the jurisdiction of Vermont, and also to assert
that the establishment of civil government there had no bearing what-
ever upon the legal rights of citizens of the town claiming or possessing
land there, or of Caldwell or other British subjects. The former had
ample remedy in the state courts; and the latter, under the treaty of
1783 and the federal constitution, in the courts of the United States.2

Thus, in the Vermont point of view, Gov. Chittenden was clearly right,
in spiritedly resenting the intrusion of British troops, as well as prudent
in committing to President Washington the management of a business
which became very dangerous to the peace of the country.

The claim of the Caldwells, father and son, as Focault's successors,
really does not belong to this question, except so far as it served as an
excuse for the British officers. So much has here been conceded to them.
But Gov. Chittenden was aware, quite as well as they, of the grounds of
the Caldwell claim, and perhaps better aware than they of its weakness.

The following letter preceded the organization of Alburgh by more
than seven years:

Henry Caldwell to Gov. Chittenden.*

Belmont Near Quebec 29th March 1785—
Sr— I had the Honor of writing to Your Excl^ the 2? of Feby last, to
which refer, Since which time I have had the pleasure of seeing Coll
Ira Allen & we have had frequent Conversations respecting my property
to the Southward of this province, his Claim he tells me is founded on
a late Grant from Vermont State in Consideration of his services & the
Expences he has been at on Ace1 of the State, that he had asked for that
land in preference to any other, from liking its Situation & the good-
ness of the Soil, not Knowing any thing of my Claim to it, that however
he is very willing to relinquish his Claim provided he gets an Equiva-
lent from your State elsewhere, & I believe he is very well Satisfy'd of
the justice of your Adopting that measure,

1 have mentioned to him what I now have the Honor of mentioning
to you, that it would be in vain for me to Contend with him in your

JIn the Vt. Hist. Magazine, Vol. n, p. 496, this resolution is so con-
strued as to exclude Alburgh from Vermont ; which is precisely the
reverse of its true meaning. Ira Allen drew the line adopted in that
resolution, shortly after he had obtained the charter of Alburgh, and by
no means intended to give the town to New York. — See his statement
in Vol. ii, pp. 319, 320.

2 These remedies were afterward resorted to, when both Caldwell's
and Allen's titles failed, and the landholders of Alburgh gained title by
possession. — See Vt. Hist. Magazine, Vol. n, pp. 489, 492; and Vermont
Beports, Vol. 3, p. 542.

3 From the original letter, in Ms. Vt. State Papers, Vol. 24, p. 13.

Appendix JE. 457

Courts of Law, for Lands Granted by your Legislature, which in fact is,
& must be considered by your Courts as the most Legal title he can
have, & which nothing but an Act of your Legislature can do away,
which I flatter myself cannot be avoided, when it is Considerd the
manifest injustice I am likely to suffer; I therefore request Your Excel-
lency may lay this letter, with the Attested Copy of the Original Grant
& its translation1 which I herewith transmit, before your Legislature in
June Next, a Grant in fact older not only than your State but than most
of the members that Compose it, & Confirmd by the capitulation at the
Conquest of this Country [Canada] & By the treaty of peace [between
France and England] afterwards in 1763, & Independ*- of many other
Arguments which might be brought in support of my Claims & of which
I have talked fully to Coll. Allen. " my present situation in respect to you,
is so like your former Situation in respect to N-York (even if the French
Governm* as Coll. Allen Alledges had no Right to Grant Lands to the
Southward of 45°) that by bringing the matter home to yourselves, you
will in a Stronger manner feel the injustice you were about to do me
who have paid dear for those Lands & already have been at so consider-
able an Expence in Settling them —

I have also requested Coll Allen (who I make no doubt will obtain
an Equivalent from you) to get my Original Grant registred in your
State & that in Case they are Confirmd by Your Legislature, he may
Send me a Copy of such Confirmation, but if Contrary to my expecta-
tions, & those Ideas of justice & policy which Should naturally Engage
you to wish to establish a Character with your Neighbours by a Con-
nexion with Whom nature has pointed out reciprocal Advantages, & that
my Grant Should not be Confirmd by Your State, You (who have been
in a like situation) Can better Conceive than I Express What my feel-
ings Will be When deprived of so Considerable a part of my property.
I have the Honor to be With Great Respect & regard Yr Excellencys
Most Obed* & Most Hble Serv* Henry Caldwell.

Gov. Chittenden complied with Caldwell's request, on the 14th of
June 1785, when the letter and accompanying papers were read in the
Assembly, and postponed to the October session. Strong as was the
appeal to the sympathy and generosity of the State, the relief asked
could not be granted, and subsequent events proved that no very great
injury resulted to Caldwell's estate, or to those citizens of Alburgh who
held under him. The latter got their land by possession, and Caldwell's
son and heir sold the remainder of the claim to Heman Allen of High-
gate, for whom the price paid, with consequent expenses in suits, proved
to be a bad investment.

Interference of British Officers and Action of Vermont

in 1792.
From the printed Assembly Journal of Oct. 15, 1792 :
The Governor and Council appeared in the House — when his Excel-
lency made the following communications, viz.

4th. Copy of instructions from his Excellency the Governor, to Mr.
Stanton, directing him to proceed to Alburgh, and make enquiry rela-

1 These documents, the original grant in the French language and a
translation of it, are in Ms. Vt. State Papers, Vol. 24, pp. 108-110.

458 Appendix E.

tive to Enos Wood, Deputy-Sheriff for the county of Chittenden, being
taken by a British guard and conveyed to St. Johns.

oth. A copy of a letter from his Excellency Governor Chittenden, to
his Excellency Alured Clarke, Governor of the province of Quebec, re-
questing an explanation of the conduct of the aforesaid British guard.

6th. Directions to Levi Allen, Esq. to proceed to Quebec with the
abovementioned letter.

8th. A copy of a letter from his Excellency the Governor to the
President of the United States, informing "him of the conduct of the
British guard aforesaid.

9th. A letter from his Excellency Governor Clarke, to his Excellency
Governor Chittenden, in answer to the letter above cited.

10th. A copy of another letter from his Excellency Governor Chit-
tenden, to the President of the United States, enclosing a copy of Gov-
ernor Clarke's letter.

11th. Two letters from the Hon. Thomas Jefferson, Esq., Secretary of
the United States, dated the 9th and 12th July, 1792. in which were
sundry papers enclosed, relative to the disturbances occasioned by the
abovementioned British guard.

12th. Sundry affidavits relative to the above communication.

The above communications being read, were all referred to Messrs.
[Daniel] Farrand, I. [Israel] Smith, and E. [Elijah] Sheldon, to join
such Committee as the Council shall appoint, to state facts, and make
report.

The papers above submitted to the General Assembly in 1792 were as
follows :

Gov. Chittenden to Joshua Stanton.

Williston June 10th 1792
Sir I have received verbal information, that the Capt. Commanding
at Point au fair, on the last week, with a party of men under his com-
mand came to Alburgh and there in a hostile rioutous and illegal man-
ner obstructed and oppossed Mr- Enos Wood, a Deputy Sheriff under
Col. Pearl, high Sheriff of the County of Chittenden, in the execution of
his office & duty and made him, together with two others, his assistants,
prisoners. — In order to know the particulars of this conduct, you are
hereby requested without loss of time to go to Alburgh and there make
inquiry and procure authentic evidence of the facts — and on your way,
you will call on Major [Nathan] Hutchins, of the north Hero, who I am
informed was present at this transaction, to know of him the circum-
stances— and also request him to be at Burlington on Wednesday next,
where I shall be, personally to give me what information he has of the
business. — You will also call onEsqrs- [Benjamin] Marvin and [Samuel]
Mott of Alburgh and request them to give me particular information in
writing whether the inhabitants of that town have organized agreeable
to the orders 1 have heretofore given — and what is the appearance of the
disposition of the people with respect to this government. I am &c —
Mr- Stanton.1 T. Chittenden.

Gov. Chittenden to acting Gov. Clarke of the province of Quebec.

Williston June 16th 1792—
To his Excellency Alured Clark Esqr

Sir A British Capt with an armed force leaving his post and pene-
trating eight or nine miles within the acknowledged jurisdiction of

^rom a copy of the letter in Ms. Vt. State Papers, Vol. 24, p. 48.

Appendix E. 459

Vermont, and there imprisoning an executive officer of this government
in the peaceable execution of his office, and by force of arms rescuing
and withholding from him property taken into custody by a civil process
for satisfying a just demand of debt; conveying the officer and two of his
assistants under guard at [to] S4- Johns and there confining them in a
common guard house; forcibly taking and detaining from him the pre-
cept he had been executing; imprisoning a justice of the peace under
this government while he was quiet in his own house and carrying him
to a british garrison and there paroling him as in a time of open war;
and all this at a time of perfect tranquility between the two governments,
has an appearance both novel and extraordinary — but as novel and ex-
traordinary as this may be, these are transactions that have taken place
by the command of De Chambault, captain at point au fair, within a few
days past. — I feel myself therefore obliged immediately to request from
your excellency an explanation of this unprecedented conduct and un-
provoked insult upon the government of Vermont, or at least to know
whether it has been done with your excellencys knowledge, direction,
order or approbation.
I am Sir your humble Ser*- Thomas Chittenden.1

Gov. Chittenden to Levi Allen.

Williston June 16th 1792.
To Mr- Levi Allen

Sir I request that you will without loss of time repair to the city of
Quebec and personally deliver to his Excellency Gov. Clark, my letter
herewith sent you — and wait a reasonable time for his answer. — I have
also sent you copies of sundry affidavits, which you will make use of to
assertain the facts stated in my letter, should you find it necessary. —
You will return as soon as the nature of the business will admit, and
immediately make known to me, such communications relative to this
business as you may obtain. I am Sir your humble Ser*-

Thos- Chittenden.

Another letter to Allen, of the same date and purport, seems to have
been designed for credentials. It is filed " Governor Chittenden Or-
ders on the Service of the State 1792." 2

Gov . Chittenden to President Washington.

To the president of the United States-
Sir— The unprovoked insult lately offered to this, and the united gov-
ernment by the commanding officer of a british Garrison within the
jurisdiction of the united States; is so flagrant a breach of the Laws of
Nations, and the late treaty with great Britain; that I feel myself under
obligations to give you the earliest information of it. I have enclosed
you sundry affidavits, to which 1 refer you for the particulars. — Inclosed
also is a copy of my Letter to the Governor of Canada of the 16th in-
stant.— As soon as 1 receive an answer I shall without loss of time, com-
municate it to you, together with such other circumstances as may here-

1 From a copy in Ms. Vt. State Papers, Vol. 24, p. 52.

2 For copies of both letters, see Ms. Vt. State Papers, Vol. 24, pp. 49, 50.

460 Appendix E.

after come to my knowledge. — I am with the greatest respect your Ex-
cellency's very humble Servant signed Tiioms- Chittenden.
Williston, June 16th- 1792.

True copy from the Original. l

Acting Gov. Clarke to Gov. Chittenden.

Quebec 5th July 1792.

Sir Your letter of June the 16th- delivered by Mr Levi Allen did not
reach my hand until the 30^ of that month.

Your representation leading to Questions beyond the sphere of my
Trust, and being unaccompanied with the Proofs to be expected with
Complaints of that kind, I can only give command for the Investigations
to be obtained here on a Subject of such Importance to the Peace of the
Border.

If the Result shall be a Report affecting Points that belong to Na-
tional Discussion, the information collected will go from me into such
Channels as may bring the Report I receive with the Documents for its
Verification under the Consideration of the Sovereignty I serve; and
with these I shall not fail to transmit a Copy of your letter.

I am to presume, that a similar Deference will be held by yourself,
towards the Power, to which the State you Govern is reputed to be Sub-
ordinate, and I trust in the Wisdom of the Negotiations and Councils of
the Sovereignties concerned, for the Maintenance of the Faith of Trea-
ties, and the Preservation of the Common Tranquility. I am, Sir, your
very humble servant Alured Clarke.2

Gov. Chittenden to President Washington.

Vermont Williston July 16th 1792.

S"-' Before this time I conclude you have received my Letter of the
16th of June Inclosing Sundry affidavits relative to the abuses lately
offered this as well as the united States by the officers & Soldiers Sta-
tioned at Point au fair together with a Copy of my Letter to Lieu1- Gov-
ernor Clarke upon the subject

I now have the Honor to Transmit to your Excellency a Copy of Gov-
ernor Clarke's answer to me I shall make no Comments upon the
equivocal and evasive manner in which it is written

as I was Sensible that the Conduct of this garrison might Involve
questions of national Importance and desarve a national discursion I
took the earliest opportunity of transmiting to your Excellency the In-
formation I had recieved upon the subject but as the Injury was more
immediately felt by the Citizens of this State I consider my Self Justi-
fiable in requesting of the Commanding officer at Quebec an Explana-
tion of so new and unprecedented abuses from that Quarter Imprest
with the Idea that what had been done was without his order or approba-
tion. I Submit to your Excellency how far I have acted prudent in this
Business or what father or differant measures I Should have taken

I think it my duty further to observe that Alburgh is a tongue of land
Seperate from the main land Cauled Point a fer by the waters of Lake
Champlain Containing abought Sixteen Thousand acres and is from
three to Ten miles distant from the Garrison it Contains between Sixty
& Seventy heads of famileys Including abought five Hundred Souls

1 From copy in Ms. Vt. State Papers, Vol. 24, p. 51.

2 From the original, in Ms. Vermont State Papers, Vol. 24, p. 53.

Appendix E. 461

A part of the Settlers Possessed the Land as an old french Seignory
the other part as a grant under the authority of the State of Vermont,
the former Settlers finding their Title Involved and wishing to avail
themselves of a Title under Vermont in order to secure to themselves
the reward of their toils Assembled with the other Inhabitance and
Early in the month of June organized as a Town agreeably to the Laws
of this State and took the Necessary oaths to Intitle themselves to the
privileges of freemen and Citizenship within this State and are (a few
only excepted) Solicitous not only to be protected but Governed by the
Laws of this & the united States

at the Last Session of the legislature in this State Two Justises ware
appointed resident at Alburgh who ware soon after sworn into office,
previous to their appointment the Inhabitance had not been the Sub-
jects of any civil Government but the place had been too much a ran-
dezvous for outlaws and fugitives from justice as their views are now
meritorious it is to be hoped that every attempt to defeat them will meet
its deserved recompence

I have the Honor to be your Excellency8 very ob* Sarv*

T. C.1

Thomas Jefferson to Gov. Chittenden.

Philadelphia, July 9th- 1792.

Sir, I have the honor to enclose you sundry papers communicated to
me by the British Minister residing here, which have been duly laid
before the President of the United States, and further to solicit from
your Excellency information as to the facts therein stated, and while I
am authorized to assure you that the government is proceeding sin-
cerely and steadily to obtain by the way of negotiation a relinquishment
of our territory held by the British, I am at the same time to press that
no measures be permitted in your state, which, by changing the present
state of things in districts where the British have hitherto exercised
jurisdiction, might disturb the peaceable and friendly discussion now in
hand, and retard, if not defeat, an ultimate arrangement.

I have the honor to be with perfect respect and esteem, Your Excel-
lency's most obedient & most humble servant,

Th: Jefferson.

His Excellency the Governor of Vermont.

[Papers inclosed.]

Philadelphia 5th July 1792.

Sir, I have the honor of submitting to your consideration copies of
certain papers, which I have received from Canada. They contain in-
formation that some persons, acting under the authority of the State of
Vermont, have attempted to exercise legal jurisdiction within districts
now occupied by the King's troops, and have committed acts of violence
on the persons and property of British subjects residing under the pro-
tection of his Majesty's Garrisons.

At this period, when the grounds of the subsisting differences between
our respective countries are become the subjects of serious and temper-
ate discussion, I cannot but entertain the strongest confidence that the
general government of the United States will entirely disapprove of the
violent conduct observed by the State of Vermont upon this occasion,

Trom a copy, evidently made in haste, in Ms. Vt. State Papers, Vol.
24, p. 56.

462 Appendix E.

and will in consequence thereof adopt such measures as may be best
calculated to prevent a repetition of it in future.

I have the honor to be, with Sentiments of the most perfect consider-
ation, Sir, Your most obedient humble servant

(signed) Geo. Hammond.

Mr- Jefferson.

(Copy) Pursuant to express orders from his Excellency the Gover-
nor of the State of Vermont to us directed, These are to warn all the
Inhabitants of the town of Allburgh qualified as the law directs to vote
for town officers, to meet at the house of Michael Honsingers on the 7th-
day of June next at 10 O Clock in the morning for the following pur-
poses.

1st To chuse a moderator to regulate said meeting.

2nd. To chuse such civil officers as the law directs in the State.

And to do any other Business that may be found necessary to be done
on said day.

Given under our hands at Alburgh this 16th- day of May 1792.

(signed) Samuel Mott > Justices

Benja- Marvin J of Peace.1

(Copy) State of Vermont.

To the Sheriff of Chittenden County or either of his Deputies — Greet-
ing.

Whereas by the complaint of Samuel Hitchcock Esquire Attorney
General of the State, we are given to understand that Patrick Conroy of
Alburgh in the County of Chittenden hath for some time past used and
exercised the office of Justice of the Peace at Alburgh in the County
aforesaid without any legal warrant, lawful authority or right whatso-
ever, and hath claimed and still doth claim without any legal warrant,
lawful authority or right whatsover, to be a Justice of the Peace at Al-
burgh aforesaid and to use and exercise the said office of Justice without
any legal warrant, lawful authority or right whatsoever, but the same
hath usurped and still doth usurp to wit, at Alburgh aforesaid, in con-
tempt of the States [State] and to the prejudice of the Dignity of the
same. Therefore by the authority of the State of Vermont you are
hereby required to make known to the said Patrick that he appear be-
fore the next Supreme Court to be holden at Burlington in and for the
County of Chittenden on the fourth Tuesday of August next, to shew
cause, if any he have, why an information should not be filed against
him the said Patrick for thus as it is said illegally exercising the said
office of Justice of the Peace within said County, to wit, at Alburgh
aforesaid. Hereof fail not and make due return. Dated at Burlington
this fifteenth day of May one thousand seven hundred and ninety two.
(signed) Elijah Paine, Judge of Sup Court.

Alburgh, May 26h- 1792. The within is a true copy of the original
writ. attest Stephen Pearl Sheriff2

(Copy) Extract from the declaration of Minard Yeomans.

Minard Yeomans declares, that on the 8th of June in the morning

Eneus [Enos] Wood stiling himself Deputy Sheriff and Constable of the

State of Vermont, with three other men, came up to the house of Mr-

Conroy at Caldwell's Manor, and asked if he was at home. He was

1 For Jefferson's letter, and thepapers enclosed, see Ms. Vt. State
Papers, Vol. 24, pp. 54 and 47.

2 Ms. Vermont State Papers, Vol. 38, p. 165.

Appendix E. 463

answered no — that he was gone with Judge Dunn to Missisque Bay —
He then asked for Mrs- Conroy, and was told that she was in Bed. The
Deputy Sheriff then told Minard Yeomans that he would seize on the
Cattle — He was answered that if he did, he must abide by the conse-
quences. On which the Sheriff seized on Minard Yeomans by force,
and said they would tie him, on which he made resistence, in the act of
which his coat was tore.

Minard Yeomans farther says that he told them, that if they took
those violent measures, he should not be able to get security for the Cat-
tle, which they demanded, on which they desisted. After this he went to
captain Savage, and gave information of what had passed, who immedi-
ately told him to send two men in a canoe over to Point au fer to ac-
quaint Captain Dechambault with these proceedings. Captain Savage
in the meantime sent a party of men to the end of the Manor, who
overtook the Sheriff and his three men, and brought them back together
with eight head of Cattle out of the Ten which they carried off. Two of
the Cattle escaped by being ferried over to Grand Isle, before the Party
came up. (Signed) Minard Yeomans.

St Johns 9th- June 1792.

Witness (Signed) WLM- Warburton Adj4- 1st- Batt. 60th- Keg4- l

Thomas Jefferson to Gov. Chittenden.

Philadelphia July 12, 1792.

Sir, I had the honor of inclosing to you on the 9th- instant copies of
some papers I had received from the British minister here, and I have
now that of forwarding some received from him this day. I must renew
my entreaties to your Excellency that no innovation in the state of
things may be attempted for the present, it is but lately that an oppor-
tunity has been afforded of pressing on Gr. Britain our rights in the
quarter of the posts, and it would be truly unfortunate if any premature
measures on the part of your state should furnish a pretext for suspend-
ing the negociations on this subject. I rely therefore that you will see
the interest even of your own state in leaving to the general government
the measures for recovering it's rights, and the rather as the events to
which they might lead are interesting to every state in the highest de-
gree. I have the honor to be with sentiments of perfect respect Your
Excellency's Most obed'- & most humble sei4-

Th: Jefferson.

The Governor of Vermont.

[Papers enclosed.]

(Copy) Willyton [Williston*] 16th- May 1792.

The Constitution and laws of this State require the executive Officers
of Government to carry into effect the laws and Government of the
same.

It is therefore incumbent on you as civil magistrates te execute your
functions and cause Town officers to be appointed and sworn to a faith-
ful discharge of their duty ; it is incumbent also on the people to assist

1 Ms. Vt. State Papers, Vol. 38, p. 179. It is supposed that this and
the preceding paper were among those inclosed in Mr. Jefferson's letter
of July 9 1792.

2 It is probable Gov. Chittenden wrote " Willyston." The editor has
seen it written thus, or Wyllyston, which was the true name, as the town
was named for Gen. Samuel Wyllys, of Hartford, Conn.

464 Appendix E.

you to form such regulations in the town of Alburg which is now un-
questionably established within the bounds of this and of the United
States of America, and under the Government thereof.

In case there are any of the Inhabitants of said town that have sworn
allegiance to the King and Government of Great Britain, such obligations
cease with the Government and can be no obligation [objection] to a sub-
mission to the laws of this and the United States.

Would those people chuse to be under the British government, they
must move within its limits, otherwise they ought to submit to the gov-
ernment of the State in which they live.

Your humble servant. (signed) Thos- Chittenden.

N" B. If your people refuse to pay attention to the above requisition
I cannot think it will be long before this government will call on them
in a different way to submit to the laws thereof. Should they be put to
the necessity of taking so disagreeable a measure, I should not think
strange should they be obliged to pay up all the back taxes, since you
were represented, as some towns in this State in like circumstances have
done.1 (signed) T. C.

Messrs- Mervin [Marvin'] and Mott Esqrs- and People of the Township
of Alburg.

(Copy)
Chittenden County > To the Sheriff of Chittenden County, his Deputy
State of Vermont ) or either of the Constables of Alburg, Greeting:

By the authority of the State of Vermont you are hereby required to
attach the goods chattels or estate of Patrick Conroy and Minard Yeo-
mans or either of their Goods Chattels or estates both of Alburgh in
Chittenden County to the value of fifty pounds lawful money and them
or either of them notify according to law and for want thereof to take
their bodies or either Bodies if to be found within your precincts and
them or either of them safely keep so that you have them or either of
them before our Judges at Burlington at the next County court to be
held for the said County of Chittenden on the last Tuesday of Septem-
ber next save one then and there to answer unto Joseph Mott Junr- of
Allburg aforesaid in an action of trespass committed in destroying of
timber cutting carrying off destroying fences and buildings and sundry
more trespasses committed to the said Joseph Mott Junr- possession or
improvement to the damage of the plaintiff" as he says fifty pounds law-
ful money for the recovery whereof with just costs the Plaintiff brings
this Suit, hereof fail not but of this writ and your doings herein make
due return according to law. Dated the 11th' day of June Anno Domini
1792. (signed) Samuel Mott Justice of the Peace.

A true Copy Joseph Mott Junr> Constable— one Grey horse his
improvements his square oak timber that lays upon his Premises the
property of Patrick Conroy and Minard Yournans attached.

June the 12. A. D. 1792.2

Alburgh was represented in the General Assembly of Vermont in
1786 and 1788.

2 Jefferson's second letter and the foregoing papers enclosed are in Ms.
Vt. State Papers, Vol. 24, p. 55. The penmanship of the papers copied
is the most distinct and beautiful to be found in the Vermont State Pa-
pers. It was the work of a clerk of Mr. Jefferson.

Appendix E. 465

Affidavits referred to by Gov. Chittenden. l

Enos Wood of the North Hero in the County of Chittenden and State
of Vermont, Deputy Sheriff under Coln Stephen Pearl High Sheriff of
the County of Chittenden, being of Lawful age testifieth and saith that
he had a writ of Attachment in favor of Widow Grant Wife of the late
Majr Grant of New York an Officer belonging to the Loyalist Volun-
teers ag* Patrick Conroy of Alburgh in the County and State af8*1 which
Writ was delivered to him as Deputy Sheriff to be served. That on the
eighth day of June 1792 he proceeded to the house of the said Conroy
and not finding him at home and being fearful of the said Conroy's con-
veying his property out of his reach, he levied the s'1 Writ on personal
property supposed to be the property of the said Conroy, to wit, three
Oxen three Cows one Bull two calves and one Year old Heiffer besides
a horse which he afterwards released finding it not to be the property of
the sd Conroy — This deponent further saith that one Michael Youmands
was then present at the house of the said Conroy and calling to the peo-
ple of the house for his pistils swore that he this deponent should not
take the sd Cattle from Mr Conroy, whereupon he ordered Benjamin
Butler of North Hero & Nathaniel Wood of Georgia who were then present
to take charge of the sd Michael and conduct him to the water side and
cap*- Hutchins of the North Hero being present was ordered likewise to
assist in driving the Cattle as far as the west side of the place called the
Tongue or Alburgh, but before this Michael Youmands was released
upon promising to be humble and not to hinder him this deponent from
doing his duty and likewise engaging to procure some person to Receipt
the Cattle — This Deponent further saith that when they had arrived to
the place abovementioned they were overtaken by the said Michael
Youmands attended by a party of British Officers & Soldiers under the
Command of Captain De Chambeautt of Point au Fair — that those Offi-
cers & Soldiers were under Arms — that he saw one of the above party
present a Couple of Pistils to the sd Benjamin Butler and heard him
threaten him, but what he said, he did not recollect. — This Deponent
saith that the Lieut under Cap4- De Chambeautt came up to him and pre-
sented a Firelock to him commanding him to desist from driving away
the sd Cattle and said he would fire him through should he move one
step — That he was then taken by the sd Lieu*- and his party to Point au
fair, and Benjamin Butler & Nathaniel Wood were taken & carried with
him — That they were then carried from Point au fair to S*- Johns by a
British eschort and there imprisoned in the Gard-house for nearly two
days before they could be released — And further this deponent saith that
in order to obtain his liberty he was oblidgd while at S*- Johns to pro-
cure Mr- John Furguson to be obligated to pay in his behalf the sum of
three pounds Hallifax Currency it being on account of the two Calves
which he had taken by virtue of the afsd Attachment — or pay the value
thereof when ascertained by two Indifferent persons — This deponent
further saith that the sd Cap*- Hutchins was not carried to Point au Fair
but was released after being detained by the British for about an hour
they saying he had not been instrumental in assisting this deponent in
the execution of his office & further this Deponent saith that at Alburgh
aforesaid while a Prisoner the aforesaid Lieut, did after Questioning by
what Authority I took the aforesaid Cattle on shewing the Writ of At-
tachment by which I had been juided Detain the same although I
requested the same to be re delivered and farther the Deponent saith not.

Enos Wood.

* Ms. Vermont' State Papers, Vol. 38, pp. 48, 49, 180. 182-186.
30

466 Appendix E.

Chittenden ss ) Personally appeared Enos Wood Signr to the foregoing
Burlington >■ Deposition and made solera" Oath to the truth of the
June 15th 1792 ) same John Law Jus. Peace

I Nathan Hutchins junr of the North Hero County of Chittenden &
State of Vermont of Lawful Age testify and say that on the Eight day
of this presen June being at Alburgh County & State aforesaid was eald
on by Mr- Enos Wood one of the Deputies of Stephen Pearl High Sheriff
of Chittenden County aforesaid to Assist him in the Execution of his
office and accordingly with him repaired to the house of Patrick Conroy
of the aforesaid Alburgh against Whom he then held a writ of Attach-
ment which he levied on the aforesaid Patricks property as I supposed
and doubt not from our Information Viz: three oxen three Cows one
Bull one Heifer Two Calves likewise A Horse which afterwards Re-
leased finding It Not to be the property of the Said Conroy this Depo-
nent further says that one Michal youmonds was then present at the
House of the said Conroy and Calling to the people of the House for his
Pistols Swore that the said Sheriff Should Not Take the Cattle away
from Mr Conroy Whereupon he ordered Benjamin Butler of North Hero
and Nathaniel Wood of georgia who were then present to take Charge
of the said Michal And Conduct him to the waterside and likewise to
Assist him in Driving said Cattle Said Deponent was ordered likewise
to Assist In Driving said Cattle To the North Hero that they had
proceeded with the Cattle as far as the west side of the place
Called the Tongue or Alburgh but before this said Michal yeomands
was Released upon his promising to be Humble and Not Hinder him the
said Sheriff from Driving the Cattle and Doing his Duty and likewise
Engaging to procure some person to Receipt the Cattle This Depo-
nent further Says when They had Arived to place above Mentioned
they were overtaken By the Said Michal yeomonds Attended By A
Party of British Officers and Soldiers under the Command of Capt Du
Shambeautt of Point aux fair — that those officers and Soldiers were un-
der arms — That He Saw one of the above party Present a Couple of
Pistols to the Said Benjamin Butler and heard him threaten Him This
Deponent further says that the lieutenant under Capt D Shambeault
Came up to The Said Sherriff and Presented a firelock At him Com-
manded him To Desist from Driving away the Cattle and Said he would
fire him Through Should he move one Step and likewise there was one
of the Party Came up to this Deponent and Pointed his gun atthim and
ordered him Down the Bank he answered that he Should Not Move
at that they Made him a prisoner with the Said Sheriff Nathaniel Wood
and Butler and Proceeded on there way About half amile to one Har-
veys where the [they] Made a Stop Towards An hour this Deponent
further Sayth that the Afore Said lieut Did question Sd Sherriff By what
authority He Took the afore Said Cattle on shewing the writ of attach-
ment Took It out of his hand and Detained the Same from him tho De-
manded This Deponent further Says that after being examined was
Released And further the Deponent Sayth Not

Nathan Hutchins Jun

State of Vermont ) Personally Appeared Nath. Hutchins Jun1'
County of Chittenden > Signer to the foregoing Deposition and made
June 16th 1792 ) solemn Oath that the same is the truth the whole
Truth & nothing but the Truth before Me John Law Jus. Peace

I Benjamin Butler of North Hero in the County of Chittenden and State
of Vermont being of Lawful age do Testify & say That on the seventh day
of June 1792 I went to Alburgh in the [said] County & State in company
with Enos Wood of North Hero afd Deputy Sheriff under Coln Stephen

Appendix E. 467

Pearle Esqr- High Sheriff of the County of Chittenden for the purpose of
Attending a Town Meeting then & there to be holden— That the sd
Wood told me he had a Writ of Attachment to serve upon One Patrick
Conroy of Alburgh afd- and was apprehensive he should be obstructed in
the execution of his office and wished me to go with him to the house
of him the sd Conroy which accordingly I did on the day follow-
ing— The Deponent further saith that the sd Wood proceeded to
serve the sd Writ of Attachment and levied the same upon a Number of
Cattle to wit three Oxen three Cows one bull one heiffer two calves &
one horse supposed to be the property of the sd Conroy, they being
about his house— that after the sd service by the sd Wood, One Michael
Youmin who was there at the house of the sd Conroy called to the peo-
ple of the house for his Pistils and said M1 Wood should not take the
sd Cattle away from Mr- Conroy, upon which M1- Wood commanded
Nathaniel Wood of Georgia & this deponent who were then present to
aid & assist him in taking the sd Michael & in driving the sd Cattle to
the North Hero aforesaid That afterwards the sd Michael being very
humble promising not to hinder the sd Wood from doing his duty but
engaging to procure some person to give a receipt for the sd Cattle was
released by the sd Wood— the Deponent further saith that no receipt
being given the sd Enos [Wood] together with Capt Nathan Hutchins
Junr the sd Nathaniel & himself proceeded to drive the sd Cattle off and
had got as far as the West part of the Tongue [Alburgh] when they
were overtaken by the said Michael accompanied by a Number of
British officers & soldiers under Arms one of whom immediately pre-
sented to the breast of this deponent a Couple of Pistils & ordered him
not to proceed one step or if he did he should fire him through— that he
see one other of the above officers or soldiers present a firelock to the
breast of the sd Enos and commanded him to desist from driving those
cattle away or he would Kill him — that those British officers & soldiers
then took from them their cattle and took & imprisoned the sd Nathaniel
the sd Enos & the deponent and carried them to Point au fair & after
that to S1 Johns where they were confined in the Gard house for nearly
two days and then released & further your deponent saith not.

Benjamin Butler.

North Hero June the 14th 1792

Personally appeared Benjamin Butler the signer of the above deposi-
tion and swore that the matters by him in the above related are the
truth the whole truth and nothing but the truth.

Benjn Marvin Justice.

I Benjamin Marvin of Alburgh in the State of Vermont of Lawfull
Age testify and say that on the 12th day of this present Month at my
own house in said Alburgh employed in my own personal & private busi-
ness, was beset by an Armed British force from Point au Fair con-
ducted by one Patrick Conroy of Alburgh aforesaid, who Questioned
me with regard to my conduct as a Civil Magistrate under the Appoint-
ment of the State of Vermont (which I had the honor to hold) Viz:
Whether I had Issued any precept against him. Answer No. Whether
I had against any other person Answer yes that day and for that that
I had his Excellency Gov Chittendens Instructions to Officiate in
that Office that 1 considered myself an Inhabitant of the State of Ver-
mont and in Duty bound to follow the Steps & Duties of my Office.

The aforesaid Conroy then immediately ordered me into the custody
of the aforesaid force which was accordingly done, and after some impor-
tunity was permitted to remain long enough to shift my Dress, and then
conducted to the house of Sam1 Mott Esqr of Alburgh aforesaid which
was a Mile or there about from my house, on my arrival at Motts found

468 Appendix E.

Capn Des Chambault Commanding Officer of the aforesaid Point au
Fair, who received me with Civility & Politeness although as a prisoner
and inform'd that he should take me to Point au Fair & from thence
should send me to Quebeck after which we all proceeded on toward the
aforesaid Patrick Conroys near which were their Boats in which they
came, on the road before we came to Conroys Lived one Joseph Mott
who had been appointed by the Authority of the State of Vermont as Con-
stable, was Legally Qualified and had Officiated under that appointment,
at a little distance from which heard the aforesaid Conroy observe to the
commanding officer that it might be proper to attend to the matter they
had before convers'd on. accordingly they made a halt and sent on
three of his Men under arms with directions to take two horses which
were the property of the aforesaid Constable out of his Pasture which
was accordingly done and the horses taken to Point Au Fair, soon
after arrived at Conroys where I was detained some hours in the
course of which time we conversed much on my Official Conduct which
I inform'd him of very particularly and likewise my Instructions from
his Excellency Govr Chittenden, he requested that I would shew him
those Instructions which I accordingly did, he took and examined
them then replyed that he must forward them to his Excellency Govr
Clark at Quebeck. I desired him to return them to me as I considered
them my right but he possitively refused but offered me a Coppy which
was taken & Attested as a true one by the commanding Officer and
delivered me the Officer then informed me that Instead of taking me
to the Point as before observ'd he was willing to take my Parole for the
term of 12 days with directions not to Officiate till then in my Office
which was accordingly done and I permitted to return to my own house
and he then told me that he had positive Orders to warn me & Sam1
Mott Esqr- to leve that Place in the course of two Months — The Day
following having occation to go up the Lake cal'd on the Commanding
Officer at Point Au Fair (which I considered myself under obligation to
do in consequence of my Parole) notified him of my wish which he con-
sented to, and then Shew'd me his orders directing him to oppose &
take into Custody any Officer Acting under any other Power than that
of Great Briton within those Limits which are now known & distin-
guised by the Name of Alburgh.

Question put to the Deponent — Who were those Orders to the Capn
from Answer, as he told me from his Col : And farther the Depo-
nant saith not. Benjn Marvin.

State of Vermont County of Chittenden June 15th 1792 —

Personally appeared Benjamin Marvin Signr to the foregoing Deposi-
tion and made Solemn Oath that the relation there is the Truth the
whole Truth & nothing but the Truth before me;

* John Law Jus. Peace

Captain Timothy Allen of South Hero in Chittenden County of Law-
ful age Testifies & says that on the 12th day of June instant he being on
his way down the lake in a boat in company with a Number of Others
was hailed by the Maria,1 examined & permitted to pass on ; that he called
at Wind Mill point — and from thence an express was sent, for Esqr-
Samuel Mott & Esqr- Benjn Marvin of Alburgh to come to the point
aforesd — that the express returned & told them at the point that he found
the house of Esqr- Mott surrounded by a Strong guard of British Troops,
& that he was informed a British guard had gone after Esqr- Marvin —
All which Esqr- Mott & Esqr- Marvin a little afterwards afirmed to them

*The British armed vessel.

Appendix U. 469

on the point — And Esqr- Marvin further said that he was a prisoner and
at liberty upon parol — That he (this deponent) being on his return up
the lake was hailed by the Maria, examined and permitted to pass — that
he called at point Afair and was conducted by a Corporal to Captain De
Chambault's Koom — That the Captain observed to him & Company that
he wished them to acquaint his Excellency the Governor of Vermont
& Other Gentlemen that being a british Officer he had positive Orders
to protect the people within these posts, meaning Point a fair & Alburgh,
and that if he could not do it by pacific means, he must do it with the
force of arms — That this deponent, on his departure from point a fair,
was hailed again by the Maria, bro't back, and after examination had,
permitted to pass on — and farther the deponent saith not — Burlington
June 15th 1792 Tim?. Allen

State of Vermont ) Burlington June 15th 1792

Chittenden ss — £ Personally appeared Cap* Timothy Allen signer
of the within affidavit and made solemn oath the same is the truth the
whole truth and nothing but the truth — before

Ebenr Marvin Councillor

Major Jacob Smith of South Hero also deposed in all particulars to
the facts stated by Capt. Allen.

The deposition of [Kev.] Reuben Garlick of Alburg of Lawful
age Tistify & say that the Writs for the Election of a Member
in the County of Bedford in Lore Canaday for a member to their Leg-
islature were sent to the Province Line & I have been informed the
Person that Brought them was directed not to summons any Person
south of the Province Line nor have I heard of any Persons being sum-
monsed in Alburg The Deponent further saith that the Laws of Ver-
mont are in fourse in Alburg and the sivel officers of Government have
met with no opisition from any Person under Pretext of British Govern-
ment since the Departure of Partrick 'Conroy & John Savage in June
last. Reuben Garlick

County of > gg Swanton July 31st 1792.

Chittenden ]" " Personally Appeared the Reverend Mr Reuben

Garlick & made solum Oath to the Truth of the above Deposition.

Thos- Butterfield Jus*- Peace.

I Benjamin Marvin of lawfull age testify and say that in the month of
June 1787 I went to live at albergh otherwise then Called Caldwells
Manor about five miles from the Garison at point au fair & South of the
line commonly called the province line or latitude 45 about three miles
at which place 1 have ever since lived at which time there was no kind of
civil or military government exercised among the people of the place
except what was derived from ourselves by rules adopted by us in
meetings of our own vicinity by which we banished theives and other
criminal offenders and enforsed by other rules compliance to awards of
arbitrators in civil disputes and when persons were banished from the
province of Canada and were brought to the line and Suffered to come
into our vicinity we drove them from us Some years had elapsed from
the Settlement of the place when Mr- Caldwell came amongst us"1 and
Gave militia commissions to captains conroy & Savage and Subalterns
for two militia compaijies in that place now called Albergh with a prom-
ise that the british civil government should be put in force among us
and we protected as british Subjects; and patrick Conroy who then lived
north of the line of latitude 45 and was in Commission of a Justice of
the peace in Canada not long after moved South of the line amongst us

470 Appendix U.

and isued some few precepts and took some affidavits but if a trial was
had before him he went north of the line aforsd to hold his courts but
the inhabitants still kept up their old mode of government as derived
from our own resolves as abovesaid without regard to mr- Conroy til we
volluntarily organized and choose our officers by order of the Governor
and under the laws of the State of Vermont: and the militia officers
above named never did act under the authority of their commissions
except in one instance Viz in febuary or march in the year 1791 Captain
conroy ordered his company to meet together South of the line and in
consequence of his orders issued for that purpose they in part convend
and I think about one third part of them embodied by his order when
some matters took place which occasioned Cap* Conroy to Step into a
Sleigh and ride oft" north of the line without dismissing his company or
giving them any orders at which time Some of our people advertised
him as a runaway from his company and offered as a reward for his
return one peck of potatoes and no other orders or after orders under
the british government has been heard of amongst us except the taking
of our persons and property by the british forces at point aufair in June
last past — and I the deponent further say that in my opinion the nearest
part of land in Albergh is about two miles and one half from the garison
at point au fair and the deponent saith that Civil government under
Vermont is now executed without any resistance and also that the late
writs for warning the people in the county of bedford north of the line
and adjoining Albergh were not Served in Albergh nor any of the peo-
ple in albergh was ever warned to attend their Elections that I ever
heard of and further this deponent Saith not — Bknjx Marvin.

State of Vermont \ October 18th day 1792 Benjamin Marvin the above
Rutland ss | named deponent personally appeared and made

Solemn oath that the aforegoing deposition by him Signed is the truth
the whole truth and nothing but the truth — before me

Ebenr Marvin Councillor

Report of the Committee of the General Assembly on the
foregoing papers.1

The Committee to whom were referred the communications of his
Excellency the Governor, respecting the Disturbances at Alburgh, in
June last, beg leave to state the following facts, to wit,

That Alburgh is a tongue of land connected with the eastern shore of
Lake-Champlain, and lies on the south side of this and the United
States. The British had, at the time of the late peace, and still have a
post at point Au-Fer, on the western side of Lake-Champlain, some
miles south of the line of the United States. The nearest distance from
this post to Alburgh, is two miles and one quarter ; and the greatest
distance is from ten to twelve miles. The British have another post at
a place called Dutchman's-Point, on Grand Isle [North Hero,] about-
half a mile south of Alburgh. The garrison at point Au-Fer, have
never prevented the civil officers of the State of New-York from exer-
cising their offices, but have uniformly declared, that they had nothing
to do with the inhabitants, except within three hundred yards of the
garrison. The garrison at Dutchman's-Point have never interfered, in
any way, with the inhabitants, or done anything beside keeping their
own centries. The people of Alburgh, from the first settlement of the
place, until June last, have been without the exercise of any govern-

1 From the printed Assembly Journal, Oct. 29 1792, pp. 39, 40.

Appendix E. 471

ment, either civil or military— when they met in town-meeting, and
organized themselves, and chose town-officers under the authority and
laws of Vermont ; when the inhabitants of the town generally took the
freeman's oath, and the officers took the oath of allegiance, and govern-
ment has since been regularly administered, except in the instance
mentioned in the communications of his Excellency, on the eighth day
of June last — and from that time until the twelfth day of the same June,
the British officers of the garrison at point Au-Fer, interrupted the offi-
cers of this State, in the execution of their offices, by imprisoning them,
taking from them property which they had taken by virtue of writs
issued by the authority of this State, and taking their writs from them, as
stated in the several affidavits communicated by his Excellency the
Governor.

Wherefore we beg leave to report, as our opinion, That his Excellency
the Governor of this State, in his communications with his Excellency
Governor Clarke, and with the President of the United States of Amer-
ica, has conducted with that degree of spirit and propriety which ought
to mark the conduct of the Chief Magistrate of a free and independent
State. It further appears to us, that the letters written by Mr. Jeffer-
son, to his Excellency the Governor of this State, must have been
founded on a mistaking of facts, which must have been received from
Canada.

Wherefore it is our opinion, that the Legislature recommend to his
Excellency the Governor of this State, to procure affidavits sufficient to
prove that Alburgh is not occupied by the British troops, nor under
their protection, and send ihem to the President of the United States,
to evince [to or convince] him that the Government of Vermont have not
wantonly attempted to disturb the peace of the union, or to interrupt
any negociation between the United States and any other power — All
which is humbly submitted.

Signed, Eeenezer Marvin, for Committee.

October 20, 1792.

The above report was read, accepted, and, Ordered, To be entered, at

Vermont charged with endangering the peace of Great
Britain and the United States in 1794.

The British posts in the United States were steadily maintained, to
the annoyance of our government and people, but the discussion between
the U. S. Secretary of State and the British minister was temperate
until 1794. In Vermont, the statu quo was maintained on both sides
without any serious difficulty until the same year; the British troops
holding their posts, and Alburgh going on peaceably as an organized
Vermont town.. But the two nations were drifting rapidly to a danger-
ous point. On the 10th of February 1794, Lord Dorchester, then Gov-
ernor General of Canada, publicly declared that he would not be sur-
prised if there should be war with the United States in the course of
that year; and the movements of British troops in Canada and events
in the United States both favored this opinion. On the 16th of April,
in a message to the Senate nominating John Jay as envoy extraordinary
to Great Britain, President Washington said the aspect of affairs was
serious, and that such a mission, "while it corresponds with the solem-

472 Appendix E.

nity of the occasion, will announce to the world a solicitude for a friendly
adjustment of our complaints, and a reluctance to hostility." On the
9th of May of that year Congress authorized the President to detach
eighty thousand troops from the militia for service in any emergency,
and orders therefor were at once issued by the President. Such being
the aspect of affairs, it is not surprising that the British on the border
were more than usually insolent— their chief had encouraged that; and
it is creditable to Vermont that neither its governor nor people gave any
provocation for it, but patiently awaited the action of the national authori-
ties. The records of that period, both official and unofficial, prove that
the people of Vermont had good cause for both alarm and complaint,
and it is not to be doubted that they would have driven out the British
by force, had they not respected the advice and policy of President
Washington.1 The following extracts are in point:

By a gentleman from the northward we are informed, that boats, &c.
trading from the United States to Canada, are detained and the men in-
solentfy refused permission to return. " Pride goeth before destruction,
and a haughty spirit before a fall." — Vermont Gazette of May 2 1794.

By gentleman from St. John's we are informed that the British have
just completed a brig at that place, mounting 12 guns; the brig is every
way completed and well manned, and is now stationed at Point-a-Fair,
on Lake Champlain. Our informant adds that a very large roe [row]
galley is now building at St. John's; and that the garrison at Montreal
was immediately to be strengthened by the addition of a regiment of his
Majesty's troops from Quebec. — Farmer's Library, Rutland, May 27 1794.

These vessels of war were of course in addition to the schooner Ma-
ria, which had long been stationed in Windmill bay.

The Newyork Herald of June 16th mentions a report that the British
in Canada, fearing an attack from the Americans, had ordered a body of
troops from Quebec to Montreal, destined for some part of the frontiers.
— Vermont Gazette of June 20 1794.

Lansingburgh, June 10 [1794.]
We have just been informed by a gentleman who left Montreal on the
29th ult. that great preparations were making under the pretence of de-
ending the Canadians from being plundered by the Vermontees, which
fhey have been led to believe, from reports industriously circulated, no
doubt for the purpose of calling out the militia, and uniting the Canadi-
an response to the requisition of President Washington, under the
act of Congress of May 9 1794, Gov. Chittenden, on the 21st of June,
ordered the detachment of three regiments of Vermont militia, num-
bering two thousand one hundred and twenty-nine men in all, to be held
in readiness as minute men. Of these Maj. Gen. Ira Allen's division
was to furnish one regiment. On the 30th May preceding, Gen. Allen
had ordered the militia of Alburgh and the neighboring islands, now
constituting the county of Grand Isle, to be organized as an entire regi-
ment, which of course surrounded the British garrison on North Hero.
It is quite probable that he then expected war on the frontier, but no
collision of troops occurred. — See Appendix F.

Appendix U. 473

ans against the states. The forts are putting in a state of defence, &
many boats are building, and one of 70 oars was launched last week, al-
ledged to be for carrying provisions. No account of Colonel Simcoe
having taken a new position when he left that place. Ten thousand
troops were expected to arrive from Europe, as provisions were so
cheap, that soldiers could subsist much more comfortable than in Eng-
land, and be ready for an expedition at any moment. Lord Dorchester
was daily looked for from Quebec, to review the troops, militia, forts, &c.
&c. — The Farmers' Library, Rutland, of July 1 1794.

Boyal Corbin to Gov. Chittenden. *

Alburgh 18th May [Aug.] 1794—
May it please your Excellency; — The Repeated injuries & insults this
vicinity has suffered from the British, while in a time of peace, and
within ye Jurisdiction of this State, are so glaring, & so very frequent, as
to rouse the indignation of every one who has the smallest tincture of
Republican Blood, circulating in their veins. — The peculiar situation of
my business, being in the merchantile line, & consequently having much
necessary call to pass ye lake Champlain up & down, as well as across,
subjects myself to daily abuses from an Armed Vessel — & my property
to an unjustifiable seizure & Detention. — I am not suffered to pass South-
ward to Isle-la-Motte — because they alledge I am within their lines, &
[must] apply to the Ship, for liberty. Neither am I allowed to pass to
or from, St John's, altho' within their lines — So I am deprived of every
advantage a citizen of every State ought to enjoy, as your Excellency
will be pleased to observe. — I have submitted this imperfect Schetch of
our affairs, to your inspection — as also some affidavits, respecting partic-
ular treatment on the 12th- Inst. — I wish your Excellency's instructions
and commands — and do myself the honor to inform, that nothing but
true love to my Country should be sufficient to tempt me to invade your
leisure. The more minute particulars as to my sitaation, the posts &
ship — your Excellency can be Informd- [of] by Colln- Pearl & several
other Gentlemen of Respectibility, at Burlington; who are perfectly ac-
quainted therewith — & after your Excellency shall be fully acquainted
with our situation and Insults — I have not the least dout of [or] Idea —
but your Inst, attention will be drawn to our relief.— In the meantime
I am Dr Sir with the Utmost due Respect yr Obbed* & Very Humble
Serv* — Royal Corbin*

Honourable His Excellency Thomas Chittenden —

The affidavits referred to are as follows :

Samuel D. Searle of Lawfull Age testifys & says that on or about the
12th- Inst He saw a Batteau coming from Windmill point, towards Mr-
Corbin's in the Bay when the sd Boat had come from ye point a certain
distance, he heard a firing of Cannon from the Ship, [the Maria,] & fort
at point au fer, and soon after saw a Ship's Boat, mann'd out, and mak-
ing to Corbins— But before ye Ship's Boat came on Shore— the Batteau
had first arrived— With Two person's on Board— with near forty Bushels
of Salt & a Puncheon of Rum, with some small matters besides— for the
use of the hands— In a few minutes after the Arrival of this Boat, came

1 From the original, in the Ms. Vermont State Papers, Vol. 24, p. 71.
A memorandum on the back of the letter states that the date should
have been August instead of May. The affidavits sent at the same time
are dated August 18 and 21 1794.

474 Appendix E.

the Ship's Boat, with an Armed force & demanded of Mr- Eoyal Corbin
to go on Boat & take it to the ship — This he positively refused & in the
presence of this dep*- & of a Number of other witnesses, peremptorily
forbid them to meddle with the Boat — & that neither they nor their
Master had business to take away the Boat from the Shore— which if
they did do, they did it [at] their peril — They Asserted it was their
orders— & Took the Boat & Cargo & towed it away from the shore to-
wards the Ship.

Alburgh August 18th- 1794.

Attest Samuel D. Searle

Personally Appear Samuel D. Searle Signer of the above Depos[it]ion
and After being Cautioned to the truth Mad Solemn Path that the above
written Deposition by him Subscribed is the Truth and nothing but the
truth —

Sworn to before me the 18th of August 1794

Saml- Mott Justice of Peace1

Alburgh August ye 21st 1794.

I Roswell Mills of Lawfull Age Testifies and Saith that on or abought
ye 12 Instan I saw the boat that My Royal Corbin had coming from
Windmill Point to M1; Corbins house in the Bay and the Ship fired and
likewise the Garrison at Point afar the boat came to Shore Some time
after the Ships Boat came with a number of men with fire arms and de-
manded the men that came in the boat [Corbin's] to go into the boat
and roo it to the Ship the Men the}7 could not get They took the boat
with the cargo one punchen of Rum and abought 40 Bushels of Salt and
toed her to the Ship at the same time Mr Corbin forbiding them or their
Captain Steal taking the boat by any means whatever as said boat was
not attempting to pass the Ship for She had landed at her intended Port
and they on board the Ship could not be ignorant of the Boats belonging
in the Bay. Roswell Mills.

Personally Appeard Roswell Mill Signer of the within written Depo-
sition by him subscribed [and] after being Cautioned to the truth Made
Solum oath that the within written Deposition by him Subscribed is the
Truth and nothing but the Truth Sworn to before me the 21s* Day of
August 1794— Saml- Mott Justice Peace a

On the 10th of March, 1794, the British minister comfnunicated to the
Secretary of State a new complaint of outrages by Vermonters, based
on statements made by Lord Dorchester. This letter is not printed in
the American State Papers, and has not been found elsewhere ; but in
consequence of it, Gov. Chittenden was called upon for the facts, and in
reply he made a conclusive answer, which will be given in its place.
On the 19th of May President Washington issued his orders for detach-
ing, arming, equipping and organizing eighty thousand militia. Being
thus prepared for any emergency, the Secretary of State (Edmund Ran-
dolph,) on the next day, in spirited and peremptory terms, called upon
the British minister to explain the belligerent speech of Lord Dorches-
ter to a council of hostile Indians, and the then reported hostile move-
ment of Lieut. Gov. Simcoe of Upper Canada, with British troops, to
build a fort at the lower rapids of the Miami. Mr. Randolph gave a

1 Ms. Vt. State Papers Vol. 38, p. 181. 2 Same, Vol. 38, p. 178.

Appendix U. 475

very brief extract from the speech of Lord Dorchester, and the speech
itself is not printed in the American State Papers.1 To Secretary Ran-
dolph's imperative call for explanations on the 20th of May, 1794, the
British minister replied thus on the 22d :

George Hammond to Edmund Randolph, May 22 1794.— Extracts.

From the context of this whole passage [of Lord Dorchester's speech]
it is manifest that Lord Dorchester was persuaded, that the aggression
which might eventually lead to a state of hostility, had proceeded from
the United States : and so far as the state of Vermont, to which I pre-
sume his lordship principally alluded, was implicated, I am convinced
that that persuasion was not ill-founded. * * * I assert with confi-
dence that not only those encroachments have never been in any man-
ner repressed, but that recent infringements in that quarter, and on the
territory in its vicinity, have been since committed. * * * In regard to
your declaration that "governor Simcoe has gone to the foot of the rapids
of the Miami, followed "by three companies of a British regiment, in or-
der to build a fort there" — I have no intelligence that such an event has
actually occurred. * * * Before I conclude tins, I must be permitted
to observe that I have confined to the unrepressed and continued aggres-
sions of the State of Vermont alone, the persuasion of Lord Dorchester,
that they were indicative of an existing hostile disposition in the United
States against Great Britain, and might ultimately produce an actual
state of war on their part.

Mr. Hammond then goes on to name other sources of disquietude on
the seaboard, but not a word about the vast Indian territory, in refer-
ence to which Lord Dorchester's speech was specially made, and in
accordance with which speech his lieutenant had already committed an
act of war in the northwestern territory.2

^For Randolph's letter, see American State Papers, octavo, second
edition, Vol. 2, p. 60. For Lord Dorchester's belligerent speech to the
Indians, see Spoonefs Vermont Journal of March 31 1794, and a supple-
ment to the Farmers Library [Rutland,] of March 26 1794.

2 American State Papers, second edition, Vol. 2, pp. 58-63. In the
spring of 1793, commissioners met representatives of the northwestern
tribes of Indians at the foot of the Maumee rapids, to make a treaty.
The Indians refused to agree to anything but the first treaty of Fort
Stanwix, which fixed the Ohio river as the boundary line, and insisted that
the United States should immediately remove all their citizens from the
upper side of that river. — See Howe's Historical Collections of the Great
West, Vol. 1, p. 169. Lord Dorchester's speech in 1794 was addressed to
some of the representatives of the Indians who had been present at this
council of 1793, above referred to, and he had ordered Simcoe to build a
fort at the place where that council had been held, and it was done. Of
course, if all the Indian territory formerly held by Great Britain was to
remain under the charge of that government, it is obvious that the Uni-
ted States would have been badly shorn. In view of Lord Dorchester's
conduct at tins period, the fact that the Indians claimed a considerable
portion of Vermont may have some significance.

476 Appendix E.

Mr. Hammond did not state what the then " recent infringements" in
Vermont were, of which he seems to have written in March ; but Mr.
Randolph called for the facts from Gov. Chittenden, whose reply is em-
braced substantially in the following extract from a letter of Randolph
to Hammond, dated July 23 1794. It covers all the complaints of Mr.
Hammond.

Gov. Chittenden to Secretary Eandolph— July 1794.1

After acknowledging my letter to him enclosing yours of the 10th of
March, he [Gov. Chittenden] proceeds thus :

u The letters you refer me to, written by your predecessor [Jefferson,]
in consequence of complaints exhibited to him by the British minister,
urging the prevention of all movements which might tend to disturb the
harmony, subsisting between the United States and great Britain, I can
with truth say, have been strictly adhered to by the government and the
citizens of this state ; in every requisition."

His next is an observation of pointed regret at these complaints: and
he then goes on thus:

"Before the reception of the abovementioned letters, written by your
predecessor, I had forwarded a particular statement with affidavits, rela-
tive to the complaints in said letters exhibited, directed to the President
of the United States, to which I beg leave to refer you; by which state-
ment and affidavits is most manifestly made to appear that British sub-
jects had less cause of complaint than those of the United States. iSTo
just cause of complaint hath come to my knowledge, of any abuses done
or committed by any citizens of this or the United States, to British
subjects as such: or of any infringements being made on garrisons, ter-
ritories, or jurisdictions, which British subjects have ever made any
serious pretensions to in this quarter.'"

After a remark, relating to those who "pretend personal grievances,"
and a suspicion that the situation of the British garrisons is not generally
understood at a distance, the remaining passages of his letter are the
following:

"Therefore in order to understand the force of the complaints it is nec-
essary to premise that the only British garrison now established within
the limits of Vermont is a place called Dutchman's point, composed only
of about twelve men, situated on the north end of the North Hero, twelve
miles south of the latitude line. This garrison does not pretend to hold
or keep jurisdiction over any land within this state other than a few
acres on which their garrison is situated. — And indeed citizens of this
state are settled quite in the neighborhood of said garrison, on every di-
rection, and they are intimate with each other without any difficulty to
my knowledge.

"That part of the tract called Caldwell's manor, which lies within the
bounds of this state, hath long since been chartered as a town by the
name of Alburgh — And the inhabitants thereof are incorporated as
citizens, with all the privileges of other towns within this state and have
long since been in the peaceable possession of the same. With regard
to the recent instance of misdemeanor committed on the officer of the
crown by the capture of a small party (said to be made) on [of] British
subjects, in pursuit of a deserter before Dutchman's point as complained
by Mr. Hammond — The circumstances which probably gave rise to the

1 Randolph's letter is not in the printed State Papers. It is in the
Vermont Gazette of Aug. 15, 22, and 29, 1794.

Appendix E. 477

assertion are as follows, to wit: four armed men & in the common dress
of the citizens of this state, appeared some time last winter in the town
of Sheldon, alias Hungerford, within this state (a place about twenty
miles distant from any place ever known or pretended to be claimed by
British subjects) in disturbance of the peace — there made a violent as-
sault upon the body of one John M'All, an inhabitant of that town, and
then being in the peace of God and the state, in consequence whereof,
in defence of the public peace, the said four men were taken into custody
by a constable, and agreeable to the civil laws of this state convicted of
breaking the peace, and accordingly fined. — It is said they were British
subjects, which I am willing to admit — But that they had any authority
as such from the British nation, to break the peace of this state within
the known and acknowledged bounds of the same, did not appear from
any credentials which they produced, nor does it yet appear —But the
contrary I believe to be true, therefore as persons under the common
protection of this government, they have been holden to respond for
their breach of that protection, according to the civil law.

"•From the above statement it is conceived that Mr. Hammond's com-
plaint of the capture before Dutchman's Point, is illfounded and unjust.
Of this you may be assured, that every attention has been paid by me
to prevent all the movements which may tend to thwart the friendly
negociations now taking place between the two powers; and I have
pleasure to say, that nothing hath hitherto transpired, wherein I can
think myself or any of the citizens of this state culpable.

"And of this you may be further assured, that every precaution and
means within my power will still be used to ensure the continuation of
all good harmony, between citizens of the two governments."

This communication from the governor of Vermont (continued Mr.
Randolph,) leaves no room for a comment on my part; although to con-
trast it, sentence by sentence, with the representations which have
occasioned it, would afford grounds more and more striking, to appre-
hend, that the governor general of Quebec has been mistaken.

On the appointment of John Jay as minister to England, the negotia-
tion on this subject was transferred to London, and an agreement was
speedily reached, indicated by the following documents:

Secretary of War to Gov. Chittenden.1

War Department Oct1" 7 1794

Sir I have the honour to transmit your Excellency the extract of a
letter from Mr Jay dated London 12 of July 1794, with a request in be-
half of the President of the United States that the agreement which it
specifies should be duly observed as it respects the frontiers of Vermont.

The statu quo as it existed immediately after the peace of 1783 is to be
inviolably observed. All encroachments since that period are to be
abandoned.

I have the honor to be with great respect Your Excellency's Obedient
Servant H. Knox SecP- of War.

His Excellency the Governor of the State of Vermont.

Extract of a letter from John Jay Esq. Envoy of the U. S. dated London

12^ July 1794.
We had an informal Conversation relative to Simcoe's hostile measure
We concurred in Opinion that during the present negotiation & untill
the conclusion of it all things ought to remain & be preserved in Statu

lFrom the original in Ms. Vt. State Papers, Vol. 24, pp. 72, 73.

47§ Appendix E.

quo— that therefore both parties should continue to hold their Posses-
sions, & that all Encroachments on either side should be done away —
that all hostile measures (If any such should have taken place) shall
cease & that in case it should unfortunately have happened that prison-
ers or Property should have been taken the Prisoners shall be released
& the Property restored. And we have agreed, That both Governments
shall immediately give orders & instructions accordingly

Department of State 19th Sept. 1794.
I hereby certify that the above is a true extract from the original let-
ter from Mr- Jay to the Secretary of State.

(Signed) Geo. Taylor Junr Chief Clerk.

Compared with the official Extract

Jn° Feagg Jun Chf Clk W. D.

If the organization of Alburgh in 1792 was really in violation of the
treaty of 1783, then the continuance of that organization, by representa-
tion in the Vermont legislature, and the appointment of magistrates for
the town by that body, in 1794 and '5, was in violation both of the treaty
of 1783 and Mr. Jay's agreement of July 1794 ; but as no further com-
plaint or difficulty is discoverable in the American State Papers, or else-
where, it is fairly presumable that the point was not insisted on, and
thus Gov. Chittenden was sustained. The clouds of internal and foreign
wars — with Indians, insurrectionists, and foreign countries — induced
President Washington to send John Jay as envoy to London in the
spring of 1794. The agreement in July arrested for the most part the
dangers growing out of the British posts, though as late as the 20th of
August Gen. Anthony Wayne fought a fierce battle on the very Council
ground of 1793, to which Lord Dorchester had referred in his speech to
the Indians, and almost within gun-shot of Port Miami which Simcoe
had built. It was a battle with "Indians and Canadian malitia and vol-
unteers," "the latter armed with British muskets and bayonets," and
three British officers, one of them Col. McKee the British Indian Agent,
were on the battle field, "but at a respectable distance, and near the
river." On the 22d, Gen. Wayne totally destroyed houses and corn-
fields above and below the fort and within pistol-shot of it, including
"the houses, stores and property of Col. M'Kee, the British Indian agent
and principal stimulator of the war" then " existing between the United
States and the savages."1 In Wayne's victory the Vermont company
bore their share. The north western Indians were so far discouraged
by their defeat that on the 3d of August 1795 they concluded a treaty of
peace. Jay's "Treaty of amity, commerce, and navigation" was con-
cluded Nov. 19 1794, and proclaimed Feb. 29 1796, by the second article
of which the British posts in the United States were evacuated "on or
before the first day of June, one thousand seven hundred and ninety-six."

i From Gen. Wayne's reports, in The Great West, Vol. I, pp. 170-173
and Vermont Gazette of Oct. 17, 24, and 31, 1794.

APPENDIX F.

REQUISITIONS UPON VERMONT FOR THE MILITARY
SERVICE OF THE UNITED STATES— 1792 to 1800.

The Vermont Company in Gen. Wayne's war against the
Northwestern Indians— 1792 to 1795.

Under the act of Congress of March 5, 1791, for the protection of the
frontiers, which added three regiments to the army, President Washing-
ton assigned the first company of the third of these regiments to Ver-
mont, and appointed as its officers Captain William Eaton, Lieutenant
James Underbill, and Ensign Charles Hyde.1 Eaton, who owed his
appointment to Stephen R. Bradley, then resided at Windsor ; Under-
hill is supposed to have been from Dorset ; and Hyde from Poultney.
The enlistments were for three years, the bounty for each recruit eight
dollars, and the monthly pay of privates three dollars. A recruiting
office was opened by Ensign Hyde at Bennington 2 about the first of
May, and under the spurs of glittering promises of glory, and fervid ap-
peals in prose and verse,3 the ranks were filled, and the Vermont Gazette
of Aug. 31 announced the departure of the company for the seat of war
as follows :

This morning the company of recruits raised at the rendezvous in this
town, under the command of captain William Eaton, consisting of near
70 of the hardy and brave sons of Vermont, set out on their march for
the western country. It has been observed by the muster master and
other gentlemen who have seen a number of the other companies of
levies, that capt. Eatons company is by far the best that have marched
from any rendezvous whatever. They left the ground in good spirits
and with that military ambition that becomes a soldier.

Other items in the Gazette show that Eaton's discipline was severe.
He was president of a court martial at Albany on the 26th of May, when

1 The regiment consisted of one company each from the states of
Vermont, New York, New Jersey, Pennsylvania, Delaware, and North
Carolina, and three companies each from Maryland and Virginia.

2Eaton raised a part of the company at Windsor, before he joined Hyde
at Bennington.

3 See Vermont Gazette of May 11, 1792.

480 Appendix F.

a private in a New York company of the regiment was found guilty of
desertion, and was on the same day punished by one hundred lashes.
On the 7th of Aug. a private in Eaton's company attempted to force the
guard, and was shot dead. The company reached Lancaster, Pennsyl-
vania, (on its way to join the army under the command of Gen. Anthony
Wayne at Pittsburgh,) on the 20th of Sept., and on the 30th Capt. Eaton
wrote as follows to a friend in Bennington:

Extract of a letter from Capt. William Eaton to his friend in this town,
dated Lancaster, (Pennsylvania J Sept 30.
Our detachment arrived in this city on the 20th instant: not a single
man has attempted to escape me since I left Bennington, and I have the
reputation of marching the best company of recruits that have passed
through the country. Ensign Charles Hyde has once more met the
smiles of fortune, and had a very handsome and honorary compliment
paid to his abilities, in receiving from the war-office an appointment of
Judge Advocate General of the United States army.1

The Vermont company met Wayne at Pittsburgh on the 22d of Octo-
ber, and shortly after joined the army in winter quarters at Legionville;
and the succeeding summer [1793] was spent in thoroughly organizing
and drilling the army for righting Indians, on a plan prescribed by Pres-
ident Washington, and in attempting negotiations with the Indians.
The latter failing, Gen. Wayne advanced eighty miles north of Cincin-
nati and erected a fort on the site of Greenville, Ohio, where he remained
until the spring of 1794, still actively preparing for a vigorous campaign.

A few glimpses only of Eaton's company are found in the Vermont
newspapers. Tne following is from the Vermont Gazette of Nov. 15
1793, preceeding Wayne's advance:

Extract of a Letter from Captain Eaton, to his friend in town, dated Head
Quarters, [Hobson's choice,] Sept. 22d, 1793.

The Legion2 marches Monday next. Our object is to extend the chain
of fortifications. The Indians are collected in large numbers at the Ox
Gaze [Au Glaize river, at its junction with the Maumee, the site of fort
Defiance,] on the Miami of the Lake, and are determined to meet us on
our route — they are elated with their former successes [the defeat of St.
Clair] — they are resentful, determinate, and laugh at the idea of our ap-
proaching their towns. These circumstances concur to make them less
contemptible as an enemy. That they will fight with desperation, we
expect — and God grant they may have enough of it. We are well disci-
plined and well reconciled to the expedition, and whatever may be our
success, I will venture to assure you, that we shall not fly. Our business
will be serious and decisive provided we are engaged, of which I have
not a doubt.

Thomas Avery and Benjamin Coburn of my company are dead, the
former died May 22, the latter June 1, both of an intermitting fever.

^Vermont Gazette of Oct. 12, 1792.

2 President Washington styled Wayne's army u The Legion of the
United States," and divided it into four sub-legions, each commanded
by a General. Eaton's company was in the sub-legion under Gen. James
Wilkinson.

Appendix F. 481

They were excellent soldiers, I consider their death a very great loss in
ray company. — But death is arbitrary.

From the Vermont Gazette of April 25 1794:
Extract of a letter from an officer in the western army to the editor, dated
headquarters Greenville, Jan. 16 [1794.]

A few days since a sergeant, corporal, and twelve men of Capt. Eaton's
Vermont company, under the conduct of a Mr. Collins [as guide,] ad-
vanced into the Indian country about thirty-five miles from this place,
and fell in with a considerable large party of Indians, surprised and
routed them; they assembled and fought our Vermonters, with a truly
savage fury, killed three and wounded one through the shoulder slightly.
Among the former was Samuel Wilder, William Sweetman, and Joel
DeBell.

About this time the company was out in various skirmishing and scout-
ing parties; assisted in gathering and burying the bones of those who were
killed in St. Clair's defeat; and also in constructing Fort Recovery on
that disastrous battle ground.1

The Vermonters were engaged in the decisive battle near the British
fort Miami on the 20th of August 1794, which forced the Indians to sue
for peace. The following list of Vermonters killed is from the Vermont
Gazette of Oct. 31 1794:

Extract of a letter from Capt. James Underhill. to his friend in this town
[Bennington,] dated Fort Randolph, Sept. 1, 1794.
For the information of their friends, I send you a list of those Ver-
mont Heroes, who had the misfortune to fall in the glorious action of the
20th of August, at or near Rush Debeigh [Roche de Boeuf.] Their
names are as follows, viz. John Louson, Levi P. Senter, Nehemiah
Bracy, John Murray, and Peter Gordon. This information I received
from Captain Slough, who was wounded in the action, and who was per-
sonally acquainted with all the men. Senter fell by the side of Capt.
Slough, within reach of his espontoon.

Capt. Slough, of the Pennsylvania company, was in the regiment with
the Vermont company; and in Gen. Wayne's report, he is returned
among the wounded of the fourth sub-legion. Hence it appears that
the Vermonters were in that legion. The official report of the casual-
ties in that legion was as follows:

Killed — 1 lieutenant, [Henry B. Towles of Virginia,] 1 sergeant, 11
privates. Wounded, 1 captain [Slough,] 1 lieutenant [Campbell Smith
of Maryland, acting as aid to Gen. Wilkinson,] 2 sergeants, 1 corporal,
23 privates.

The fact, that the Vermont company lost five out of the eleven privates
killed, is conclusive proof that the Green Mountain Boys were in the
thickest of the battle.2

It appears above that Lieut. Underhill had succeeded Eaton in the
command of the company. This occurred doubtless in Feb. 1794, when

lLife of Eaton, 1818, p. 19.

2 For Gen. Wayne's report of the battle, see American State Papers,
folio edition, title Indian Affairs, Vol. i, pp. 491-495.
31

482 Appendix F.

Eaton obtained leave of absence. In Yol. n, p. 202, note, a brief notice
of Eaton was given, to which little need be added. He was employed in
the recruiting service until Oct. 1795, when he was ordered with his re-
cruits to St. Mary's river, on the border of Georgia and Florida, among
the Creek Indians. Here a detachment of 160 Virginia soldiers joined,
and Eaton was in command of the post with about three hundred men.
Pursuant to orders, he erected Fort Pickering at Colerain, though he
protested against the location. In May 1796, U. S. Commissioners met
deputations of the Creeks and Seven Nations at the fort; Eaton was ap-
pointed Secretary of the Council, and on the 29th of June 1796 a treaty
of peace was concluded. On the 7th of August following Eaton was
displaced, and on the 17th arrested on various charges, which resulted in
his being ordered finally to Washington, where he was informed that
the sentence of the court martial was not confirmed. He was subse-
quently charged with other services by Secretary of State Pickering, and
in July 1797 received a commission as consul to the city and kingdom of
Tunis. In March 1804 he was entrusted by Jefferson with an enterprise
on the coast of Barbary, which resulted in his march from Alexandria,
Egypt, between March 8 and April 25, 1805, through the desert of Barca,
to the city of Derne — a distance of more than four hundred miles; the
capture of that city four days after his arrival; and the treaty of peace
with Tripoli a few days thereafter. Sherman's famous " march to the
sea " had nothing of the desperate temerity which marked Eaton's at
every step. *

The Minute-Men of 1794.

An act of Congress, approved May 9 1794, directed a detachment from
the militia of eighty thousand men, to be organized, armed, equipped,
and held in readiness to march at a moment's warning in the service of
the United States ; of which number two thousand one hundred and
thirty-nine were assigned to Vermont. May 19 President Washington
issued his requisitions to the governors of the several states, directing
them to use the most effectual means for making the necessary detach-
ments. As soon as Gov. Chittenden received the requisition, he called
a special meeting of the Council at Rutland on the 21st of June. No
record of this meeting was entered on the journal of the Council, but its
results appear in the following resolutions and orders :

From The Farmers'1 Library [Rutland] of June 24 1794.

Published by Authority.
State of Vermont, In Council, Rutland June 21 1794.
Whereas it appears to this Council that the wages allowed by Con-
gress, to the non-commissioned officers & privates of the militia, which
are to be called into actual service, in case a war should take place, is
not an adequate compensation for such service, Therefore,

1Life ofEatonw. 301-340.

Appendix F. 483

Resolved, that it be & it is hereby recommended to the legislature,
that at the next October session, they make ample provision, that in
case any of the militia of this state should be called into actual service,
that the wages of non-commissioned officers and privates be as follows :
— a Sergeant 48 shillings a month, Corporals and Musicians 44 shillings
a month, and privates 40 shillings a month including what shall be
allowed by Congress.1

Resolved, that his Excellency the Captain General be and hereby is
advised as soon as may be, to issue his orders to the several Major Gen-
erals in this state to inlist or detach from the several corps under their
command, their several quotas of the two thousand one hundred & thirty
nine able bodied effective men as a detachment from the militia of this
state, agreeable to the act of Congress of the ninth of May one thousand
seven hundred and ninety four.

Resolved, that his Excellency the Captain General be and he is hereby
advised to direct Brigadier General Eli Coggswell [of Castleton] to
take command of the said detachment.

Extract from the minutes, Solomon Miller, Sec'y pro tern.

On the same day, Gov. Chittenden accordingly issued his orders to
Major Generals Samuel Fletcher, Isaac Tichenor, Ira Allen, and Paul
Brigham, with the assistance of Brigadier Generals, to detach officers
and men for three regiments of seven hundred and thirteen " good able
bodied effective men" each.3 The work was promptly done ; but as the
men were never called into active service, it has not been deemed nec-
essary to print the list of the officers detached.

The Minute Men of 1797-8.
In pursuance of a requisition from President John Adams, under the
act of Congress of the 24th June 1797, on the 20th of Dec. 1797, Gov.
Tichenor issued orders for the detachment of three regiments of Ver-
mont militia, numbering in all two thousand one hundred and fifty men,
to be under the command of Brig. Gen. Zebina Curtis, of Windsor. As
these men were not ordered into actual service, the insertion of the de-
tails of the general orders is not deemed necessary.— See Rutland Her-
ald of Jan. 1 1798.

Vermonters in the 16th Regiment U". S. Army in 1798-'9.

The act of Congress of July 16 1798 added twelve regiments to the
U. S. Army, of which George Washington was to have the command as
Lieutenat General. The sixteenth and last regiment was to be filled by

1 Oct. 30 1794, an act was passed raising the monthly pay as follows :
privates to 40. shillings, sergeants 48, corporals 44, sergeant-major and
quarter-master sergeant 60, drum and fife major 48, drummers and lifers
44.— See printed Acts of 1794, p. 123. This was a precedent for the extra
state pay to the volunteers in the war of the rebellion.

2 For general orders, see The Farmers' Library of July 8 1794.

484 Appendix F.

enlistments in New Hampshire, Vermont, and Khode Island; and of its
ten companies Vermont was to furnish three. The enlistment offices
were at Westminster, Newbury, and Burlington; and the rendezvous for
the State was at Westminster, under the command of Maj. Cornelius
Lynde of Williamstown. The Vermont officers were as follows: Major,
Cornelius Lynde; Captains, William Woodward, Israel Elliot Trask, and
George Woodward; first Lieutenants, Daniel Bissell, Isaac Putnam, and
Marmaduke Wait; sacond Lieutenants, Jesse Lull, (who was quarter-
master of the regiment,) Daniel Baker, and John W. Brownson.1 None
of the twelve new regiments were filled, in November 1799 the sixteenth
having only two hundred and thirty-three men. In Feb. 1800, enlist-
ments were suspended, and the army was shortly afterward reduced to
four regiments. 4

1 American State Papers, folio edition, title Military Affairs, Vol. I, pp.
151, 152; and Spooner's Vermont Journal of Aug. 6 1799.

APPENDIX G.

EXTRADITION OF FUGITIVES FROM JUSTICE.— 1796-'99.i

In General Assembly, 4th November 1796, A. M.
His excellency, the Governor, made the following communication, viz.
1st. Circular letter from Lord Dorchester, which is as follows; viz.2

Circular Quebec 31 March 1796

Sir A Certain Ephraim Barnes against whom the Grand Jury for
the County and District of Montreal in this Province have found three
seperate Bills one for a highway Robbery and Two for Horse Stealing
together with another Delinquent by the name of James Clarkson Free-
man against whom bills have been found also as accessary to Barnes in
the Last mentioned Felonies have made their Escape from the Goal of
the City of Montreal and" as I am Informed have fled into one of the
Neighbouring States I take the Liberty of requesting that should they
or either of them be found in your Government that your Excellency
would be pleased to Cause them to be Delivered to the Bearer M1'-
Jacob Rulin to be by him safely conducted into this Province in order
that they may be brought to Trial —

Similar requisitions having been made by the Governnor of Newyork
in the Two Instances of John Ryan and Ralph Phelps the former
Charged with Murder and the Latter with a Forgery and to which Im-
mediate and proper attention was paid here 1 have no reason to Doubt
a similar service will be cheerfully reciprocated —

The Bearer takes out Authenticated Copies of the Bills of Indictment
found against the Culprits should the producing these Documents be in
any wise thought necessary — Freeman it is reported came into this
Province to avoid a prosecution for a Forgery committed in some one of
the United States.

I am Sir your Excellency's Most Obedient Humble Servant —

Dorchester.
His Excellency the Governor of Vermont or His Excellency the Governor

of Newyork or The Governor of any other of the United States

A True^Copy of the Original Letter from Lord Dorchester to His Ex-
cellency the Governor of the State of Vermont &c &c

Attest Truman Squier Secfy.

1 For an instance of refusal by the Governor and Council, Oct. 21,
1794, see ante, p.

2 These documents, with the exception of Mr. Liston's note, are here
printed from Ms. Vt. State Papers, Vol. 24, pp. 86, 87. For Mr. Liston's
note see printed Assembly Journal for 1796, p. 153.

486 Appendix G.

2ndly. A note from R. Liston, the British minister, to the secretary
of the United States, viz.

R. Liston presents his best compliments to Col. Pickering, secretary
of state. By the enclosed paper it appears that the governor of the state
of Vermont, having been requested by Lord Dorchester to deliver up a
person by the name of Barnes, accused of highway robbery and horse
stealing, who has taken refuge within the limits of that government, has
denied complying with that demand, from an idea he is not authorized
so to do by the late treaty between Britain and the United States.1 The
natural construction of the article, which regards this matter, seems to
be that the delivery up of a person charged with murder or forgery, is
expressly stipulated and has consequently become a reciprocal obliga-
tion. But the conduct of the two governments, with respect to other
delinquents, is left, as before the formation of the treaty, to their natural
discretion ; and I beg leave to refer to you, sir, whether it may not be
proper to continue to extend the prosecution of reciprocal restitution of
culprits to all such offences as seriously effect [affect] the great interest
of society.

Philadelphia, May 27th 1796.

3dly. A letter from Mr. Pickering to his Excellency Thomas Chit-
tenden Esq. which is as follows viz.

Department of State June 3 1796.
Sir I have recd- from Mr Liston the Minister Pie. of his B. Majesty
a note dated the 27 ult°- of which the [inclosed] is a copy, one of the let-
ters therein referred to, is Lord Dorchester's letter to you dated the 31st
of March — the other is a letter from the sheriff. Montreal, stating (agree-
ably to Mr Liston's note) your disposition to deliver up the offenders
Barns and Freeman who had broken goal and fled from Canada, if to be
found in your Government, provided the treaty between the U S. & G
B. did not oppose it— 1 have consulted the AtU Gen of the U S. on this
point and stated our concurring opinion to the president, that Mr Lis-
ton's Ideas on this subject are perfectly correct — The reciprocal delivery
of murderers and forgers is positively stipulated by the 27 article of the

!The words of the treaty were, "that His Majesty and the United
States, on mutual requisitions, by them respectively, or by their respec-
tive Ministers or officers, authorized to make the same, will deliver up to
justice all persons" " charged with murder or forgery." In the absence
of any authority in the laws either of the State or the United States to
issue a requisition or a warrant, even in cases of murder and forgery,
and in view of the fact that neither of these crimes was charged in this
case, it is not surprising that the governor doubted. His application for
a statute of the state, giving him authority to issue warrants, clearly in-
dicates one ground of his doubt, and the fact that the crimes oharged in
the requisition were not provided for in the treaty, was another. The
treaty of 1842 specified additional crimes, and in terms authorized " the
respective judges and other magistrates of the two Governments" to
issue warrants. The act of Congress of 1848 gave this power to courts,
thus relieving the governors of states from any .responsibility in the
case of criminals from foreign countries, as does the existing statute.
The delay in this case, when his desire to comply with the requisition
wras avowed, proves the governor's abundant caution.

Appendix Gr. 487

treaty — the conduct of the two governments with respect to other offen-
ders is left, as before the treaty, to their mutual discretion— but this dis-
cretion will doubtless advise the delivery of culprits for offences which
affect the great Interests of society— The president approves of this
opinion and of the communication of it to your Excellency.

Lord Dorchester's information respecting freeman is right — He had
been convicted of forgery in the State of N Jersey, and some four or five
years ago broke goal & fled to Canada.

The rule prescribed in the treaty for the delivery of persons charged
with murder and forgery, will apply to those charged with other offences
to wit — to be done on such evidence of criminality as by the laws of the
place where the fugitive shall be found, would justify his arrest & com-
mitment for trial, if the offence had been there committed. The ex-
pence also to be borne by those, who ask for the delivery of the
fugitive —

I have honor to be, with great respect, Your Excellency's most ob1-
serv*- Timothy Pickering.

His Excellency Governor Chittenden Rutland Vermont —

After requesting the advice of the house, His Excellency withdrew,
and the house proceeded to business.

On motion. Ordered, that a committee of three to join such committee
as the council shall appoint, be chosen, to draft and report to this house
a bill, directing the mode of delivering up fugitives who have been
guilty of offences in the province of Canada, and have fled to this state.
Members chosen, Messrs. [Daniel] Farrand, [Amos] Marsh, and [Mat-
thew] Lyon.1

P. M. — Mr. Marsh moved for liberty to lay on the table the following
resolution, namely,

Whereas his excellency, the Governor of this state, has communicated
to the house a request from Lord Dorchester, to deliver up (if found
within this state) two persons (to vyit) Ephraim Barns, indicted for
highway robbery and horse stealing, in the province of Canada, and
James Clarkson Freeman, indicted in said province, for being accessary
to said Barns in the aforesaid crimes ; and has requested the advice of
this house relative to the aforesaid request,

Therefore, Resolved, That it is the opinion of this house, that the
great interest of society requires that offenders of the above description
should be brought to condign punishment, and that his excellency be
advised to deliver up the aforesaid culprits (if to be found within this
state) agreeably to the request of Lord Dorchester.

Which being read, was adopted as a resolution of this house.

Mr. Jacob appeared in the house, and delivered the following mes-
sage, viz.

That Governor and Council has received a resolution of the house,
appointing a committee to join such committee as the council shall ap-
point, to draft and report ua bill directing the mode of delivering up
fugitives, who have been guilty of offences in the province of Canada
and have fled into this State." That the object of his excellency, in the
communication and request he made this morning, was to have a general
law passed, prescribing the mode in which the chief magistrate shall
proceed in all cases in which fugitives shall be requested to be delivered
up, who have fled to this state from any foreign state; that the powers
of the committee, being confined to the province of Canada, does [do]
not fully embrace the object contemplated by his excellency the Orov-

1 Stephen Jacob was joined from Council.

488 Appendix G.

ernor and Council, and they therefore wish the powers of the commit-
tee may be so far augmented as to authorize them to bring in a general
bill: and he withdrew.

The house took under consideration the resolution appointing a com-
mittee to draft and report to the house a bill directing the mode of
delivering up fugitives who have been guilty of offences in the province
of Canada, and the message of Mr. Jacob, and on Motion, Resolved,
That the said resolution be amended, by authorizing the Committee to
make provision for the apprehension of fugitives who have fled from any
of the United States, or from either of the provinces of Canada.1

An unsuccessful search has been made for any report from the com-
mittee, or any act of the legislature on the subject. In 1799, however,
the question came up again, on an application from the then acting
governor of Massachusetts to the governor of Vermont, for the extradi-
tion of Peter Gilson, who had been charged with the crime of forgery in
Massachusetts. Gov. Tichenor submitted the application to the Coun-
cil, when it was decided that Gilson could be arrested and extradited
without any authority of the governor, and the agent of Massachusetts
was referred to counsel for advice.2 This decision implied that some act,
either of the United States or of Vermont, covered the case; but on
further examination, the Council determined that a warrant should be
issued by the governor, and the following form was adopted, with the
resolution appended to provide for the same warrant in subsequent
cases :

"State of Vermont ss.
To the Sheriffs of the several Counties in this State of Vermont, or their

several Deputies, Greeting —

[L. S.] "Whereas application has been made to the Executive Author-
ity of the state of Vermont, by the Executive authority of the Com-
monwealth of Massachusetts, accompanied with an authenticated copy
of an indictment against Peter Gilson of Peperell, in the county of Mid-
dlesex, and Commonwealth of Massachusetts, annexed thereto, by which
it appears, that the said Peter Gilson is charged with the crime of for-
gery, and that he has fled from justice, and is now residing in Hartland,
or some other town, within the State of Vermont; and the executive
authority of the said Commonwealth of Massachusetts, according to
the Provisions of the Constitution of the United States, having re-'
quested the executive authority of the said State of Vermont to cause
the said Peter Gilson to be apprehended and to be delivered over to Si-
mon Earned Esquire, Sheriff of the County of Berkshire in said Com-
monwealth, that he may be brought to justice.

"These Presents, are therefore, by the authority vested in me by the
Constitution and laws of the United States, and by and with the advice
of the Council of this State, to command you, and each of you, immedi-
ately and without delay, to cause the said Peter Gilson, if he may be
found within your several precincts, to be arrested, and to be secured,
within some good and sufficient goal, within the county in which such
arrest shall be made, if there be such goal within such county, and if
there be no such goal within such county, then to be secured within some

^Printed Assembly Journal for 1796, pp. 152-154, 160, 161.

2 For the action of the Council on Gilson's case, see ante, p"p. 219-'20, 226.

Appendix 6r. 489

good and sufficient goal in some adjacent county, and immediately upon
such arrest and commitment, to give notice thereof, to the subscribing
authority. And the keeper of such goal is hereby directed and com-
manded, to receive the said Peter Gilson, and him safely keep, and de-
liver to such agent, as is or shall be duly authorized and empowered by
the executive authority of the said Commonwealth of Massachusetts, to
receive the said Peter Gilson— And if no such agent shall appear, within
six months after such arrest, to receive the said Peter, then the keeper
of said goal is hereby directed and commanded, to release the said
Peter Gilson. And for all and singular, the doings of. such keeper of
the goal, agreeably to the precepts hereof, a copy of this warrant, at-
tested by the officer executing the same, shall be a sufficient authority.

''Hereof fail not, but of this warrant, with the doings thereon, make
due return.

ktIn Testimony whereof, I, Isaac Tichenor, Governor, and Commander
in chief, in, and over the state of Vermont, have caused the seal of this
State to be hereunto affixed, this 17th day of October A. D. 1799.

Isaac Tichenoh.

"By his Excellency's Command Richd- Whitney Secy."

And Resolved, further, That in future, on application to the Governor
and commander in chief, in and over this State, or to the supreme exec-
utive power thereof, for a similar purpose; That the Governor, or person
filling and exercising the office of Governor, for the time being, be and
he hereby is advised by Council, to issue his warrant or precept, mutatis
mutandis, agreeably to the foregoing form, without further or other ad-
vice of Council.

APPENDIX H.

ADDRESSES OF THE LEGISLATURE OF VERMONT TO

THE PRESIDENT OF THE UNITED STATES,

AND ANSWERS THERETO.

Address to President Washington.— 1796.

In General Assembly 17th October 1796.

On motion, Resolved, That the following persons be a Committee to
draft an address in the name of the legislature of this state, to the presi-
eent of the United States, in answer to his late [farewell] address to his
fellow citizens, viz. Mr. Speaker [Lewis R. Morris,] Mr. [Amos] Marsh,
and Mr. [Daniel] Farrand.

25th Oct. — The committee appointed to draft and report an address to
the president of the United States, in answer to his late address to his
fellow citizens, reported as follows, viz.

"An address from the legislature of the state of Vermont, to the President
of the United States.

"Sir, From the unrecognized situation of this state, the legislature
had not an opportunity in common with their sister states, to anticipate
by an address, the blessings which were expected from your administra-
tion ; permit us now, with sincere satisfaction, to assure you, that the
event has justified the most sanguine hopes of the legislature of Ver-
mont, and their constituents.

" When we contrast the gloomy aspect, both of our domestic and for-
eign affairs, a few years since, with the flattering prospect now before
us, we at once appreciate the advantages which immediately result from
one general government, and the justice, magnanimity and moderation
which has marked your administration.

" Convinced of our true interest, you have successfully opposed faction,
and maintained that neutrality so necessary to our national honour and
peace — accept, sir, the only acknowledgment in our power to make, or
yours to receive, the gratitude of a free people.

" Ardently as we wish your continuance in public office, yet when we
reflect on the years of anxiety you have spent in your country's servi-
ces, we must reluctantly acquiesce in your wishes, and consent that you
should pass the evening of your days, in reviewing a well spent life, and
looking forward to scenes beyond the grave, where our prayers shall
ascend for a complete reward for all your services, in a happy immortal-

Appendix H. 491

ity: and we receive your address to your fellow citizens, as expressive
of the highest zeal for their prosperity, and containing the best advice
to ensure its continuance.

" We cannot, sir, close this address (probably the last public commu-
nication we may have occasion to make to you) without assuring you of
our affection and respect. May the shade of private life be as grateful to
you as the splendor of your public life has been useful to your country.

"We shall recollect you with hTlial affection; your advice as an inesti-
mable legacy, and shall pride ourselves in teaching our children the
importance of that advice, and a humble imitation of your example."

Which report was read and unanimously adopted. The same being
then signed by the Speaker, and countersigned by the clerk, on motion,
Resolved, That the governor and council be requested to concur in the
foregoing address to the president of the United States; and that the
same be presented to the president by the senators in congress from this
state.

In Council, Oct. 27 1796.

An Address from the House to the President of the United States re-
questing the Concurrence of the Gov1-- & Council, Read & Resolved to
Concurr accordingly.

77. S. Senators for Vermont to Gov. Chittenden.

Philadelphia Jan?- 24th- 1797 1
Sir On the 12th- ultimo we presented the Address of the Legislature
of Vermont to the President of the United States & on the same day
received his Answer, which we respectfully transmit to your Excellency
to be communicated to the Council and Gen1- Assembly. — We are with
perfect Sentiments of Esteem Your Ob*- & Humble Serts

Elijah Paine
Isaac Tichenor.
His Excelly- Thos- Chittenden.2

Reply of President Washington.

To Elijah Paine and Isaac Tichenor Esq™ Senators in Congress from the
State of Vermont.

Gentlemen, With particular pleasure I receive the unanimous address
of the Council and General Assembly of the State of Vermont. — Although
but lately admitted into the Union, yet the importance of your State, its
love of libertjr and its energy, were manifested in the earliest periods of
the revolution which established our Independence. Unconnected in
name only, but in reality united with the confederated States, these felt
and acknowledged the benefits of your cooperation. Their mutual safety
and advantage duly appreciated, will never permit this Union to be
dissolved.

I enjoy great happiness in the testimony you have presented, and in
the other proofs exhibited from various parts of our Country, that the
operations of the general Government have justified the hopes of our
citizens at its formation, which is recognized as the era of national
prosperity. The voluntary acknowledgments of my fellow citizens per-
suade me to believe that my agency has contributed to produce this

1 The transmission of the President's answer was delayed, as the legis-
lature was not to meet until the 14th of the then next February.

2 Ms. Vermont Stale Papers, Vol. 24, p. 97.

492 Appendix H.

effect. This belief will be to me a source of permanent satisfaction, and
those acknowledgments a rich reward.

My sincere thanks are due, and I beg you, Gentlemen, to make them
acceptable to the Council and General Assembly of the State of Ver-
mont, for the very obliging and affectionate terms in which they notice
me and my public services. To such confidence and support, as I have
experienced from Councils, Legislative assemblies, and the great body
of American Citizens, I owed the best exertions of every faculty I pos-
sessed: happy now in the reflection that our joint labours have been
crowned with success, — When withdrawn to the shade of private life, I
shall view with growing pleasure, the increasing prosperity of the
United States: in the perfect protection of their government, 1 trust to
enjoy my retirement in tranquillity: and then, while indulging a favorite
wish of my heart in agricultural pursuits, I may hope to make even my
private business and amusement of some use to my Country. —

G? Washington

United States } yjekR 1

■\

12«i December

Address to President John Adams — 1798.

In General Assembly, Oct. 12 1798.

On motion, Besolved, That a committee of five be appointed to draft
and report to this House an address to the President of the United
States.

Ordered, That the said committee be appointed of Mr. [Samuel] Wil-
liams, Mr. [Udney] Hay, Mr. Amos Marsh, Mr. [John W.] Blake, and
Mr. [Daniel] Farrand.2

Oct. 20. — The address to the President of the United States was then
read, in the words following.
" To the President of the United States.

1,1 While the Communities, Corporations, Towns, Cities and Legisla-
tures of your Country, are crowding to approach you with addresses of
approbation and gratitude, will you, Sir, permit the Legislature of the
State of Vermont to join the general voice V Among the latest to ad-
dress, we would be considered as among the foremost to approve your
official conduct.

" We have been represented as a divided people ;3 but this report has
been fabricated, and cherished, by men whose destructive policy would
lead them first to excite disunion, and like the incendiary, to profit by
the confusion they have created.

u That the great bulk of our citizens are firmly attached to our excel-
lent federal constitution of government, and highly approve its adminis-

1 Ms. Vermont State Palters, Vol. 24, p. 95. The signature and date
to the foregoing were written by Washington ; while the body of the
letter was written by a secretary, who, doubtless, was responsible for the
few errors in spelling and punctuation.

2 Oct. 16, by another resolution, this was made a joint committee, and
Councillors Jacob and Spencer were joined.

3 Literally so " represented " by Daniel Buck of the eastern congres-
sional district, who was a federalist ; and by Matthew Lyon of the
western district, who was so over-zealous in opposition as to be then in

jail under the sedition act.

Appendix H. 493

tration, you may be assured is an incontrovertible fact. l That some
men should not appreciate its advantages, or that some should be bad
enough to strike at its very existence, is not strange. When we con-
sider government as the association of the honest, the pious, and the
peaceable, to protect themselves from the wickedness of the dishonest,
the impious, and the unruly ; it is not strange that if the beneficial
designs of the former be effected, the latter will complain, and attempt
to break every barrier which protects society. We know of no govern-
ment, ancient or modern, that was ever celebrated for its excellency,
whose archives were not disgraced with impediments of opposition, and
the page of whose history is not stained with frequent insurrection.
Even under the divine theocracy of the Jews, the people murmured
amidst plenty ; and, while their first magistrate was in immediate con-
ference with Heaven for their good, a stupid faction of that people lost
the remembrance of their divine government, in the adoration of a
Molten God.

" But you, sir, can accurately distinguish between the voice of your
country, and the clamour of party : we here offer you the genuine senti-
ments of our constituents, the freemen of Vermont, as delivered through
their constitutional organ, the legislature.

"In the infancy of French political reformation, with our brethren of
the United States, we wished well to the cause of French patriotism, be-
cause we supposed it the cause of virtue, religion, and rational liberty.
But when Gallic virtue was succeded by licentiousness and inhumanity;
when religion gave place to atheism, and rational liberty to grievous
oppression; when, no longer contented with abortive attempts to reform
their own government, they boldly obtruded their political creed upon
the order and tranquility of other nations; and with rapacious ambition,
unknown to their proudest monarchs, dissolved ancient governments,
annexing plundered provinces to their own blood-stained territories;
when they violated the neutral rights of the United States, commis-
sioned their ambassadors to excite us to foreign war and domestic insur-
rection, and made the most unprovoked depredations on our commerce;
when they insulted our messengers of peace, and insidiously attempted
to degrade them into the mean instruments of subjecting their country
to a scandalous tribute;2 when they refused to stop the hand of plunder,
for a little period, while our government might attempt, by discussion
or concession, to avert the calamities of war; when they violently and
insidiously struck at our national independence, every tie of affection
for Frenchmen was dissolved; and we clearly perceived, that we could
no longer be attached to that nation, but at the expence of our morals,
our religion, and the love of our country.

"This, sir. is a day which calls loudly for decision: and we are proud
to declare our attachment to the Constitution of the United States; we
believe its prosperity deeply involves our own ; we have the firmest reli-
ance on the executive administration of our general government. Your

i At the election in Sept. 1798, Isaac Tichenor, federalist, received
6211 votes ; and Moses Kobinson, opposition, 2805. The yeas and nays
on this address show that the federalists predominated quite as largely
in the Assembly.

2"A sum of money was required" from the United States "for the
pockets of the directory and ministers, which would be at the disposal
of M. Talleyrand." — American Envoys to the Secretary of State, Oct.
22 1797, in American State Papers, octavo edition of 1817, Vol. 3, p. 478.

494 Appendix H.

instructions to our national envoys to France carry conviction with them
of* your uprightness. Your resolution to send no other envoys to that
haughty nation, unless previously assured of their honorable reception,
evidences beyond doubt, your firm attachment to the interest and honor
of your country. You have justified your country in the face of the
world; and if the consequences of French duplicity and rapacity shall
involve us in a war, which we pray heaven to avert, we pledge ourselves
to our country, for our firmest support of her violated rights.

"Permit us to add assurances of our personal respect; while we
honor you as our chief magistrate, we respect you as a man; and it is to
your glory we can say, we regard John Adams because we love our
country."

Mr. W. C. Harrington then introduced the following resolution: to
wit. Resolved, That the foregoing address pass; that it be signed by
the speaker [Daniel Farrand] in behalf of this house; and that it be sent
to the governor and council for concurrence: further resolved, that His
Excellency the Governor be requested to forward the same to the Pres-
ident of the United States.

On the question, will the house pass the foregoing resolutions ? The
yeas and nays being required by Mr. Amos Marsh, * * * it passed in
the affirmative: Yeas 129, Nays 23. *

The address was concurred in by the Governor and Council, 11 to 2.
See ante, pp. 183, 186-7.

'Printed Assembly Journal for 1798, pp. 40, 41, 75-80. The Vermont Ga-
zette Extra of Dec. 20 1798 contains an address of the minority to their con-
stituents, in which they state their objections to the legislative address :
first, that the introduction is servile; second, because it renders a full
approbation to every measure of the executive administration of the
executive government — [meaning but not naming the alien and sedition
acts, and the manner of their execution, as exceptions ; ] third, that the
address was peculiarly pointed against distinguished characters, who
had always possessed their fullest confidence ; and fourth, that it in-
veighs against France on account of their religious sentiment. The
minority also published and approved of a form of address to the Presi-
dent, which had been read in the Assembly by Udney Hay, as a part of
his speech against the legislative address. Mr. Hay's draft professed
their zeal and attachment to the federal government ; abhorrence of all
foreign influence and intrigues ; condemnation of the inattention with
which our ambassadors of peace to the French republic had been re-
ceived ; their readiness to sacrifice all the comforts and blessings of
peace rather than yield to an imperious insulting government ; their
veneration of President Adams for his virtues, and their respect for his
abilities ; their fullest confidence that his conduct would continue to be
actuated by zeal for the public welfare, and their most sincere prayer
that the divine ruler of the universe might render his exertions the
glorious means of saving the country from the horrors and calamities
with which the European world was then overspread.

Mr. Hay's form might well have received the vote of every member,
had he proposed it as a substitute. The fact undoubtedly was, however,

Appendix H. 495

Reply of President Adams

To the Legislature of Vermont.

Gentlemen, Your address of the 24th of Oct. has been forwarded to
me, as you desired, by his excellency Isaac Tichenor, your worthy gov-
ernor. Among all the addresses which have been presented to me,
from communities, corporations, towns, cities, and legislatures, there has
been none more acceptable to me, or which has affected my sensibility
or commanded my gratitude more than this very sentimental compli-
ment from the State of Vermont ; a state, which, within my memory,

that the federalists wished to press their opponents into avowed antago-
nism to the government; and the opposition party was quite as ready to
put the burden of the alien and sedition acts upon the federalists — a
stroke of party policy which promised to be very efficient at that time,
as public sentiment and sympathy in western Vermont were then very
strong in favor of their imprisoned congressman, Matthew Lyon. The
result answered their expectation. In September 1798, Lyon failed of
an election, but in December he received a large majority. This favor
to Lyon was founded rather on a jealous zeal for the liberty of speech
and the press than for the man personally, and the following account of
Lyon's reception on the expiration of his sentence, is worthy of preser-
vation, as a protest of the people against political persecution. It was
contributed to the Butland Herald, a few months ago, by the Hon. Ros-
well Bottom of Orwell, who doubtless had his facts from Mr. Austin
and others who were prominent in the matter.

At the time of his [Lyon's] imprisonment in Vergennes under the
odious sedition law, passed by Congress during the Federal administra-
tion of John Adams, when he had stayed out in prison the term of his
commitment of four months, and nothing remained but the payment of
his thousand dollar fine to entitle him to his liberty, it was feared that
the marshal of the State, whose sympathies and preferences were
strongly with the Federal party, and against Lyon, would stickle about
receiving for the fine any other than money that was of legal tender,
and in that case it might be difficult to procure the specie. Most of the
gold then in circulation was of foreign coin which passed at an uncer-
tain value according to its weight, which often varied by different weigh-
ers, and was, therefore, not a legal tender. It was known that Mr. Lyon,
while in prison, had issued frequent publications, therein freely discuss-
ing and sometimes censuring the measures of the federal administration,
and that if any pretext could be made for continuing his imprisonment
and thereby prevent his taking his seat in Congress, to which he had
been re-elected while in prison, the marshal would not hesitate to resort
to it. It was further ascertained that if the fine was paid, the marshal
intended to re-arrest him for his subsequent publications. Therefore, to
secure his liberty so that he could take his seat in Congress, which had
already convened, Mr. Apollos Austin, a resident citizen of Orwell, and
a man of wealth, at his own expense and trouble procured the thousand
dollars in silver dollars, and on the day that Mr. Lyon's confinement
expired, Mr. Austin, with the entire body of the Republicans in Orwell,
nearly every man, went to Vergennes, where a like spirit brought to-
gether some thousands of the Republicans from other parts of the dis-
trict and State, in order probably to overawe the authorities from re-ar-

496 Appendix H.

has been converted from a wilderness to a fruitful field. Knowing, as I
do, your origin and progress, the brave, hardy, industrious, and temper-
ate character of the people, the approbation of their representatives,
their attachment to the constitution, and determination to support the
government, are the more to be esteemed.

While we truly consider government as the association of the honest,
the pious, and the peaceable, to protect themselves from the wickedness
of the dishonest, the impious and unruly, we should never forget, that
government at the same time ought to protect the dishonest, the im-
pious and unruly, not only from the fraud and fury of each other, but
from the errors and weaknesses of the honest and pious.

There is too much truth in your observation, that the most excellent
governments have had their archives disgraced with impediments of
opposition and frequent insurrections. The true cause of it is, that
while the honest and pious are always disposed to submit to good gov-
ernment and choose the mildest, the dishonest and impious take advan-
tage of the feeble restraint, to commit mischief, because it can be done
with impunity. This in course introduces the necessity of severe curbs
for the wicked, and then the sordid animal becomes too tame under the
curb, the lash and the spur. While a tenderness of blood and a respect
for human life is preserved among the people, however, there is not
much danger, even from tumults. This maxim preserved the Romans
who for four hundred years never shed the blood of a man in sedition.
An example worthy the contemplation and imitation of all other re-
publics.

The French have rendered it impossible for us to follow them in their
notions and projects of government, or to submit to their arbitrary con-
duct and extravagant exactions to us : we must therefore defend our-
selves against all they can attempt. *

It is not possible for my fellow citizens to say any thing more glorious
or delightful to me, than that they regard me, because the}' love their
country. John Adams.

Philadelphia, Nov. 30th, 1798.*

resting. Mr. Austin was not permitted, however, to pay the money he
had brought. All claimed the privilege of bearing a part, and one dol-
lar each was the maximum they would allow any one individual to pay.
One gentleman from North Carolina, a staunch Republican, so zealously
anxious for the release of Mr. Lyon from prison, that he might take his
seat in Congress, at that time nearly equally divided by the two great
political parties, came all the way on horseback from North Carolina
with the thousand dollars in gold to pay the fine; supposing that as Ver-
mont was then new, and comparatively poor, the resources of the people
were not sufficiently ample to meet the exigency.* Having paid the line,
the friends of Mr. Lyon immediately took him into a sleigh, followed and
preceded by a concourse of teams loaded with the political friends of Lyon,
which reached from Vergennes as they traversed Otter creek upon the
ice nearly to Middlebury, from which place a large number continued to
bear him company to the State line at Hampton, New York, where they
took leave of him and wished him God speed on to Congress. * * * The
weak measures pursued by the Federal party against Mr. Lyon, and the
odium that was everywhere felt against that abominable alien and sedi-
tion act passed by that Federal Congress, doubtless tended very greatly
to change the parties of our State, which soon followed those proceed-
ings, and perhaps had an influence over the whole country.

* Note by the editor of this volume.— Stevens Thomson Mason, U. S. Senator from Virginia, doubt-
less is the person referred to. His money seems to have been used to pay the fine. See letter of
thanks to him in the Vermont Gazette of March 28 1799.

1 From the Vermont Gazette of Dec. 27 1798.

AppendixlH. 497

Address to President Jefferson — 1801. !

Sir, — Although we are by no means fond of formal addresses to any of
our rulers, yet, as the practice has already obtained, our silence on the
present auspicious occasion might be falsely interpreted into an indiffer-
ence toward your person, your political opinions, or your administration.
We take, therefore, this earliest opportunity to assure you that we love
and admire the federal constitution, not merely because it is the result
and display of the collected wisdom of our own country, but especially
because its principles are the principles of liberty, both civil and relig-
ious, and of the rights of man. We contemplate the general govern-
ment as "the sheet anchor of our peace at home and safety abroad."
We sincerely respect all the constituted authorities of our country. We
regard the Presidency with a cordial attachment and profound respect.
But, Sir, we do not regard you merely as the dignified functionary of
this august office. That you are an American, both in birth and princi-
ple, excites in us sensations of more exalted pleasure. We revere your
talents, are assured of your patriotism, and rel}r on your fidelity. More
than this — our hearts, in union with your own, reverberate the political
opinions you have been pleased to announce in your inaugural speech.
Having said this, we need not add that you may assure yourself of our
constant and faithful support, while you carry into effect your own rules
of government.

Your disposition, expressed in plainly delineating in your inaugural
address, and in a particular instance of a more recent date, the chart by
which you propose to direct the course of the political ship, on board of
which we have embarked the best of our temporal interests, invites a
reciprocity of communication. Under this indulgence, we are con-
strained to express some of our most ardent wishes.

May the general government draw around the whole nation such lines
of defence as shall prove forever impassable to every foreign foe. May
it secure to the several states, as well the reality, as the form of republi-
can government. May it ever respect those governments as the most
" competent for our domestic concerns, and cherish them as the truest
bulwarks against anti republican tendencies," and effectually protect
them against any possible encroachments on each other. May it effect-
ually extend to us, and to every individual of our fellow citizens, all that
protection to which the state governments may be found incompetent.
While it thus defends us against ourselves and all the world, may it
leave every individual to the free pursuit of his own object in his own
way. May the means of defraying the expence necessarily incurred by
these measures, be drawn from all the inhabitants, in as just proportion
to their respective ability as is possible. May your administration be
found, on experiment, to be effectually instrumental in adapting all the
subordinate offices of government to the real accommodation of the great
public, and of annexing such a precise compensation to the discharge ot
every trust, as shall invite the ready acceptance of modest ability, and
distinguished merit, while the avaricious, the ambitious, and the luxuri-
ous, shall see in it no allurement. And may no one description of
citizens be favored at the expence of any other.

Liberty herself demands these restrictions : and these indulgences
are all she asks.

Thus administered, our government will stand fast on the surest basis,

Printed Assembly Journal, 1801, pp. 215-218. Adopted by yeas and
nays, 86 to 59.
32

498 Appendix H.

that of public opinion; nor will it need the mercenary support of any-
privileged class of men, however influential they may be.

May he whose kingdom ruleth over all, direct and bless your whole
administration and yourself.

Reply of President Jefferson. '

Washington, Nov. 20, 1801.

Sir, — I received with great satisfaction, the address you have been
pleased to enclose me from the House of Representatives of the Free-
men of the State of Vermont. The friendly, and favorable sentiments,
they are so good as to express towards myself, personally, are high en-
couragement to perseverence in duty, and call for my sincere thanks.

With them I join cordially in admiring and revering the constitution
of the United States, the result of the collected wisdom of our country.
That wisdom has committed to us the important task of proving by ex-
ample, that a government, if organized in all its parts on the Represent-
ative principle, unadulterated by the infusion of spurious elements; if
founded not in the fears and follies of man, but on his reason, on his
sense of right; on the predominance of the social, over his dissocial pas-
sions; may be so free as to restrain him in no moral right, and so firm
as to protect him from every moral wrong. To observe our fellow citi-
zens gathering daily under the banners of this faith, devoting their pow-
ers to its establishment, and strengthening with their confidence the
instruments of their selection, cannot but give new animation to the
zeal of those, who, steadfast in the same belief, have seen no other object
worthy the labors and losses we have all encountered.

To draw around the whole nation the strength of the general govern-
ment, as a barrier against foreign foes; to watch the borders of every
State, that no external hand may intrude, or disturb the exercise of self-
government, reserved to itself; to equalize and moderate the public
contributions, that while the requisite services are invited by remunera-
tion, nothing beyond this may exist, to attract the attention of our citi-
zens, from the pui suits of useful industry, nor unjustly to burthen those
who continue in those pursuits; these are functions of the general gov-
ernment, on which you have a right to call: They are in unison with
those principles, which have met the approbation of the Representatives
of Vermont, as announced by myself on the former and recent occasion
alluded to. These shall be faithfully pursued, according to the plain
and candid import of the expressions in which they were announced.
No longer than they are so, will I ask that support, which, through you,
has been so respectfully tendered me. And, I join in addressing him,
whose kingdom ruleth over all, to direct the administration of their
affairs to their own greatest good.

Praying you to be the channel of communicating these sentiments to
the House of Representatives of the freemen of the State of Vermont, I
beseech you to accept for yourself personally, as well as for them, the
homage of my high respect and consideration. Th. Jefferson.

Amos Marsh, Esquire, [Speaker of the House.']

lffaswelVs Vermont Gazette of Jan. 4 1802.

Appendix H. 499

Address to President Jefferson— 1803. x

To the President of the United States.

Sir, — Tho' opposed to frequent addresses to those who fill important
stations in our government, yet there are times when it would be im-
proper to refrain from expressing our grateful acknowledgments to the
Ruler of the Universe for the prosperous situation of our common
country, and our approbation of those who guide the helm of state.
While we view the United States, individually and collectively — rapidly
increasing in wealth and population, secured in the uninterrupted enjoy-
ment of life, liberty and property, and almost without contention with
any foreign nation; we cannot forbear congratulating you, sir, on the
happy effects of those principles, put in operation, which have so fre-
quently appeared in your official communications.

The late suspension of our right of deposit at New Orleans excited an
universal spirit of indignation; a spirit which must convince the world
that while we earnestly desire to maintain peace with the whole family
of mankind, we will not tamely submit to injury or insult from any na-
tion on earth.

While we contemplate the acquisition of an extensive and fertile ter-
ritory, with the free navigation of the river Mississippi, we cannot but
venerate that spirit of moderation and firmness, which among divided
councils finally enriched our country without the effusion of blood: and
it is with much satisfaction we learn from the highest authority, that no
new taxes will be requisite for the completion of the payment for this
valuable acquisition. Permit us then to tender to you, sir, our warmest
thanks for the conspicuous part you have taken in this important ar-
rangement.

We gratefully contemplate those humane and benevolent measures
which civilize our once savage neighbors, and learn ttiem to exchange
their hostile weapons for the implements of agriculture and household
manufacture.

We recognize with sentiments of esteem, that vigilance and parental
care which has enlarged our territory by a negotiation with one of the
friendly tribes of Indians.

From knowing that our maritime force is diminished, and that our
trade is still protected, we obtain imposing proof, that vigilance and
economy go hand in hand in the management of our governmental
affairs.

The flourishing state of our treasury demonstrates our growing great-
ness, and must convince every good citizen that the indecent and vilify-
ing expressions too frequently uttered through the medium of the press
against the administration of our government, must finally, with equal
certainty as justice, revert on the authors.

Your advice to the house of representatives respecting our conduct
towards the contending powers of Europe, merits our highest appro-
bation.

From our own feelings, as well as from the general knowledge we
possess of the sentiments of our constituents, you may be assured that
the hardy sons of Vermont, though earnestly engaged in their peaceable
pursuits, will be ready to fly, on the call of their country, at the risk of
their lives, their fortunes and domestic felicity, to maintain their rights
as an independent nation — preferring every consequence to insult and
habitual wrong.

1 Printed Vermont Assembly Journal, 1803, pp. 264-266.

500 Appendix H.

Permit us to assure you of our most earnest wish that every possible
happiness may attend you through life, and that you may finally receive
the plaudit of the great Judge of" all.

Reply of President Jeffrson.1

To the General Assembly of the State of Vermont.

I join you, fellow citizens, in grateful acknowledgments to the Ruler
of the universe, for the prosperous situation of our common country, its
rapid increase in wealth and population, and our secure and uninter-
rupted enjoyment of life, liberty and property. He conducted our fathers
to this chosen land, he has maintained us in it in prosperity and safety,
and has opened the hearts of the nations, civilized and savage, to yield
to us enlargement of territory, as we have increased in numbers; to fill
it with the blessings of peace, freedom and self government. It must
be a great solace to every virtuous mind, that the countries lately ac-
quired are for equivalents honestly paid, and come to us unstained
with blood.

Sensible as we are of the superior advantages of civilized life, of the
nourishment which industry provides for the body, and science for the
mind and morals, it is our duty to associate our Indian neighbors in
these blessings, and to teach them to become members of organized
society.

The spirit which manifested itself on the suspension of our rights of
deposit at New Orleans, the cool and collected firmness with which our
citizens awaited the operations of their government, for its peaceful res-
toration, their present approbation of a conduct strictly neutral and just
between the powers of Europe now in contention, evince dispositions
which ought to secure their peace, to protect their industry from new
burthens, their citizens from violence, and their commerce from spo-
liation.

The falsehoods and indecencies you allude to, in which certain presses
indulge themselves habitually, defeat their own object before a just and
enlightened public. This unenviable and only resource, be it our en-
deavor to leave them, by an honest and earnest pursuit of the public
prosperity.

I thank you, fellow citizens, for the affectionate expressions of your
concern for my happiness, present and future; and I pray heaven to
have yourselves, as well as our common country, in its holy keeping.

Thomas Jefferson.

December 18th, 1803.

aPrinted Assembly Journal of January session 1804, pp. 6 and 7.

APPENDIX I.

OBITUARY NOTICES OF GOY. THOMAS CHITTENDEN
AND DOCT. JONATHAN ARNOLD.

On the Death of Gov. Chittenden.— Aug. 25 1797. l

'''■Take him for all in all

" We ne'er shall look upon his like again."

To preserve from oblivion such characters as have been eminently
useful to society, ought to be the business of the biographer. And we
should be happy if the limits we are restricted to in the present essay,
did not too narrowly circumscribe us in our attempt to draw the outlines
of the character of our late worthy governor. We hope some abler pencil
will add all the fine strokes to the portrait, which it justly merits; and
when newspaper paragraphs shall be forgotten, the impartial page of
history shall place his honored name among the list of heroes, philoso-
phers, and statesmen, who adorned the American revolution and dignify
human nature.

Thomas Chittenden descended from a respectable family, who
were among the first settlers in the then colony of New Haven. His
mother was sister to the late Rev. Doctor Johnson, father to President
Johnson of Columbia college, New York.2

He was born in East Guilford, state of Connecticut, in the year 1730,
and received a common school education in his native town, which in
those times was but indifferent.

Agreeable to the custom of New England he married early in life, viz.
in his twentieth year, into a reputable family by the name of Meigs,
and removed with his young spouse to Salisbury, in the county of Litch-
field. Here, as he advanced in years his opening worth attracted public
attention, and by a regular advance he passed through the several grades
in the militia, to the command of a regiment. He many years repre-

^rom the Vermont Gazette of Sept. 12 1797.

2 Rev. Dr. Samuel Johnson, the uncle of Gov. Chittenden, was the
first president of King's (now Columbia) college, New York; an Epis-
copal clergyman of great learning, judgment, and benevolence ; and
author of several works, two of which were printed in Philadelphia, by
Dr. Franklin, as text books for the University of Pennsylvania. — Drake's
Dictionary of American Biography. For a notice of Hon. Dr. William
Samuel Johnson, a cousin of Gov. Chittenden, and also president of
Columbia college, see Vol. n, p. 149, note 8-

502 Appendix 1.

sented his town in the general assembly and discharged the office of a
justice of the peace for the county of Litchfield. Destitute of a finished
education, without a learned profession, he applied himself to the study
of agriculture, and laboured personally in the field. By his natural sta-
bility, good sense, affability, kindness, and integrity, he gained the con-
fidence of his fellow citizens, and many important offices which the town
of Salisbury had to bestow were secured to him. With a numerous and
growing family, a mind formed for adventures, and a firmness which
nothing could subdue, he determined to lay a foundation for their future
prosperity by emigrating on to the Newhampshire grants: In the year
1773 he removed to Williston on Onion river; some part of the way was
through an almost trackless wilderness; here he settled on fine lands
which opened a wide field for industry, and here he assisted and encour-
aged many new settlers. In the year 1776 the troubles occasioned by
the late war rendering it necessary for him to remove, he purchased an
estate in Arlington, and continued in that town until 1787, when he re-
turned to his former residence in Williston. During the troubles occa-
sioned by the claims of New-York on the Newhampshire grants,
Governor Chittenden was a faithful adviser, and a strong supporter of
the feeble settlers. During the American revolution, while Warner,
Allen, and many others were in the field, he was assiduously engaged
in the Council of Safety at home, where he rendered essential service to
his country. In the yeai|1778, when the state of Vermont assumed the
powers of government and established a constitution, the eyes of the
freemen were immediately fixed on Mr. Chittenden as their first magis-
trate: He was accordingly elected to that difficult and arduous office,
and continued therein, one year only excepted, until his death. To pre-
sume to say how well he conducted in the most trying times would be
arrogance in an individual; let the felicity of his constituents evince,
let the history of Vermont declare it. From a little band of associates,
he saw his government surpass a hundred thousand souls in number; he
saw them rise superior to oppression, brave the horrors of a foreign war,
and finally taking her oppressor by the hand, receive her embrace as a
sister state, and rise a constellation in the federal dome.

He enjoyed an excellent constitution until about a year before his
death. In October last he took an affecting leave of his compatriots in
general assembly, feelingly imploring the benediction of heaven on them
and their constituents. " He some time since announced his declining
the honor of being esteemed a candidate at the ensuing election, and
died on the 24th [25th] ult. as we are informed, without apparent dis-
tress, and even without a groan.

That governor Chittenden was possest of great talents and a keen dis-
cernment, in affairs relative to men and things, no one can deny. His
conversation was easy, simple, and instructive, and although his enemies
sometimes abused his open frankness, yet it is a truth, that no person
knew better how to compass great designs with secrecy than himself.
His particular address and negociations during the late war, were mas-
ter-strokes of policy. His talents at reconciling jarring interests among
the people were peculiar. His many and useful services to his country,
to the state of Vermont, and the vicinity wherein he dwelt, will be long
remembered by a grateful public, and entitle him to be named with the
Washingtons, the Hancocks, and Adamses of his day. Nor were his
private virtues less conspicuous: In times of scarcity and distress, too
common in new settlements, never did a man display more rational or
more noble benevolence. His granary was open to all the needy. He
was a professor of religion, a worshipper of God, believing in the Son to
the glory of the Father. Such was the man, and such the citizen Ver-
mont has lost. Superior to a Prince, a great man here has fallen.

Appendix 1. 503

On the Death of Dr. Jonathan Arnold. — Feb. 1 1793..1

The following was extracted from a Providence [JR. J.] paper of March
9 [1793.]

The Hon. Jonathan Arnold, Esq. (whose death was mentioned in
our last) departed this life at his house in St. Johnsbury, in the state of
Vermont, on the 1st ult. in the 53d year of his age. He was a native of
this town, and descended from one of its first settlers. For some time
he was one of its representatives in the General Assembly, and after-
wards tilled the place of an assistant to the Governor in Council. In the
late war, he commanded the independent company of grenadiers of this
town; and was a delegate from this state to Congress under the old con-
federation. He was educated a Physician, and chosen by this state, in
the late war, director of their Hospitals. At the time of his death, he
was Chief Justice of the court of common pleas for the county of Or-
ange, and a member of the Governor's Council in Vermont. Among
the first traits of his character, was a peculiar accuracy in penmanship,
and excellence in composition — this qualification, at an early period in
his life, recommended to the office of Clerk of the Superior Court [of
Khode Island,] a place which he filled, as he did every other office, with
singular ability, integrity, and applause. He had a rare taste for music
and poetry, and was himself a proficient in both. His knowledge was
practical, and the objects of it the best interests of society. The inn
provements made by him in mechanics evince the force of an original
genius. His capacities were general and variegated as the arts of hu-
man life, all of which he seemed calculated to advance and improve.
He took an active and zealous part in establishing the independence of
this country. He was a republican of the genuine stamp. He hailed
men of all nations as his brethren; and gloried in the doctrine of their
natural equality. His social virtues are not to be forgotten. He was an
entertaining companion, and a faithful friend. He had power to strike
the attention, engage the affections, and attach the heart in the bands of
friendship -to smooth the wrinkled front of care, and calm the mind in
friendly relaxation. In fine, let the reader figure the most extraordinary
assemblage of virtues and abilities — these were all seen in the real lile
of Dr. Arnold.

" Slave to no Sect, who takes no private lioad,
" But looks thro' Nature up to Nature's God —
" And knows where Faith, Law, Morals all began,
"All end — in Love of God, and Love of Man."-

1 From Spooner's Vermont Journal of July 8 1793.

I

APPENDIX J.

GOVERNOR'S SPEECHES TO THE LEGISLATURE— 1797-1803.
Speech of Gov. Tichenor.— 1797.

In Grand Committee, Oct. 16 1797.

The requisite oaths being administered by the honorable Nathaniel
Chipman, Esq. Chief Judge of the supreme court of judicature, his ex-
cellency then addressed the legislature in the following speech, viz.
Fellow Citizens of the Council & General Assembly.1

Accustomed to regard the public voice with sentiments of respect, I
now appear before you to resign the Office of Senator of the United
States, and accept the more arduous & difficult task allotted to the Chief
Magistrate of this State. While I acknowledge, with gratitude, this
token of the public confidence, it is with diffidence and anxiety that I
contemplate the difficulties which I shall have to encounter, in discharge
of the Duties attached to it ; and nothing but a firm reliance on your
candour, friendship and support, under the present existing state of
things, would have induced me to hazzard an acceptance of the import-
ant trust : but however uncertain may be the Success of my administra-
tion, no endeavours shall be wanting, on 1113^ part, to discharge my Duty
with fidelity to the public, and satisfaction to my own Conscience.

The general prosperity which attends the public affairs of this State,
cannot but afford us much encouragement and satisfaction. — Freed from
the embarassments which attended us in the infancy of our government
— Favored with the blessings of an excellent Constitution — Zealously
attached to the Interest, prosperity & Glory of our Country — Free from
the alarms and Distresses of War, from foreign manners, influence &
Connexions :, depending on agriculture, the most certain of all re-
sources ; perhaps few States in the Union, can be considered in a more
favourable situation, or have fairer prospects of deriving substantial
benefits from a judicious regulation of their internal affairs.

It has become our Duty to consult and- promote the interest of our
fellow Citizens, by a faithful discharge of the different offices and trusts
which have been assigned to us ; and in the performance of this Duty,
we ought invariably to be governed by the Constitution of this State,
which, designating our various powers, while we adhere to it, in every
Legislative & Executive act, we shall proceed on established & just
principles. And in all our deliberations upon measures calculated to
promote the happiness and prosperity of the state with which we are
more immediately connected, we ought to have a constant view to the
great Interests of the Nation, of which this State constitutes, though not
the greatest, yet a very respectable part.

1 This speech is copied from the original manuscript in Ms. Vermont
State Papers, Vol. 38, p. 31.

Appendix J. 505

All the burden of national concerns is by the Constitution of the
United States, deligated to the national Government ; to that govern-
ment it belongs to regulate our intercourse with foreign Nations, — to
secure their friendship by every mean, consistent with our national dig-
nity, our national happiness and prosperity ; or, in Cases of the last
necessity, with the combined powers of these States, to repel all hostile
invasions of our rights. — From this same Government we derive an
additional Guarantee of our internal tranquility & the freedom of our
Laws & Governrn*-

The wisdom with which that Gov*- has been administered, in the
times of the greatest Difficulty and danger — the success which has hith-
erto attended the national measures — the known experience, firmness,
& integrity of those who are placed at the head of its Administration,
ought to inspire us with a proper Degree of Confidence in the future, &
to excite us to every patriotic exertion, in support of those measures,
which, under Providence, may secure the national prosperity. Happily
the Constitution of this State & that of the United States, tho' em-
bracing different objects, are founded in the same republican principles,
& coincide in the same important end, the security of the Rights & hap-
piness of the People ; Constitutions thus coincident, & confirming each
other, leave no room for a difference of principle, but only for a diversity
of sentiment respecting measures, best suited to promote the public In-
terest. There cannot, therefore, be any just occasion among us, for the
spirit of party & faction, the greatest evil to which republican Govern-
ments are subject ; it is only in judging of the tendency & utility of the
measures of Gov1- that there can be the prospect of a diversity of Senti-
ment ; while principles are the same the freest debates & the most
critical examination of every subject that may come before you will be
of the greatest use ; and on every subject while the majority must in all
cases decide, temperance & candor will best conduct the Debate.

The necessary business of the Session will come before you from a
variety of sources. From the sudden transision of an appointment in
the federal Government to the Office & Duty on which 1 now enter, it
cannot be expected, that I should be prepared to detail to you the public
business, which will demand your consideration. Any communications
which may have been made to my deceased Predecessor, Govr- Chitten-
den, shall be laid before you : and while I mention his name, permit me
to pay a respectful tribute to his memory. It must be a pleasing reflec-
tion, not only to his particular friends, but to our fellow Citizens at
large, that under his administration, this Gov*- has flourished & obtained
a respectable Character among her Sister States. The public good un-
questionably was the chief object, to which his political conduct was
directed.
Gentlemen of the House of Representatives.

The state of the public expences & Revenues is an object which most
properly belongs to your Department, & cannot fail to engage your
careful attention. The Economy that will prove eventually the most
favourable to the People, is to guard ag* the introduction of a public
Debt; nothing of this nature ought to exist in a time of prosperity &
peace; and in whatever form a public Debt may exist, it cannot fail, in
its operations, to prove unfavourable to the People. While the public
expences are managed with Economy, the easiest way to support them,
will be to make the annual provision always adequate to the necessary
expenditures.
Gentlemen of the Council and General Assembly,

In any measures which may tend to the promotion of education, &
the progress of useful knowledge, in this State,— to the encouragement

506 Appendix J.

of industry & frugality, so necessary to the happiness & prosperity of a
People, — to insure uniformity & stability to our Code of Laws, without
which justice cannot be impartially administered, & to give an extensive
& lasting influence to the principles of Virtue & Religion, I shall be
happy to co-operate in your Councils & Labours.

As, by our Constitution & Laws, the powers of the different branches
of our Gov^: in appointments, in many respects, are to be as well jointly
as separately exercised — you will permit me to observe, that it is from
among Men of Principle, Virtue an.I integrity you will find the best
public officers; and it is from [the influence of] such men that the wisest
measures of Gov1, are adopted, and a steady conformity to the Constitu-
tion & Laws of our Country is secured; — By a faithful discharge there-
fore of the Duties, as well joint as separate, thus deligated, you will
exhibit to the good People of this State, an example worthy "of their
confidence. [Signed Isaac Tichenor.] l

His Excellency the Governor and Council withdrawing, the house
proceeded to business.

On motion, Resolved, That Mr. Israel Smith, Mr. Amos Marsh, and
Mr. Speaker [Abel Spencer,] be a committee to draft an answer to his
Excellency's speech to both branches of the legislature.

Accordingly, on the 18th of October, Mr. Smith reported an answer,
responding seriatim to the sentiments of the governor. This answer
was laid on the table, and seems to have been left there. It was not
printed in the Vermont newspapers of that period.2

Speech of Gov. Tichenor. — 1798.

In General Assembly, Oct, 12 1798.
His excellency the governor, accompanied by the honorable council,
came into the house, and delivered the following speech.

Gentlemen of the Council, and gentlemen of the House of Representatives.

The political world presents no fairer sight, than the representatives
of an independent people convened to deliberate for the common good,
and with united information and abilities, to advance the common pros-
perity.

Collected, indiscriminately from the various classes of our citizens,
from all parts of the state, you bring with you to this assembly the une-
quivocal representation of the interests of your constituents; and your
persons and property, being subject equally with theirs, to your legisla-
tive doings, affords them a complete assurance of the integrity of your
official conduct.

I rejoice that the benificent Ruler of the universe has been pleased to
continue unto us the blessings of our excellent constitution of govern-
ment. I sincerely rejoice that, in the course of his providence, we are
connected with our sister states, in one general government. As a sep-
arate state, we were comparatively weak; sometimes, disquieted with
domestic insurrections, and at all times exposed to foreign insults: we
have become with them, strong to depress domestic inquietude, and to
repel foreign oppression [aggression].

1 See printed Assembly Journal for 1797, pp. 22-27, where the speech
is slightly changed — probably by the governor.
3 Same, pp. 27, 28, 55-58.

Appendix J. 507

Let me congratulate }*ou, gentlemen, upon the prosperity of our pub-
lic affairs; both as we stand related to the union at large, and as it more
immediately relates to our internal concerns, as an individual state.

The prosperity of the United States should be considered as dear to us
as our own; the interests of both are in fact inseparably connected. As a
member of the union, we may pride ourselves in the wisdom, integrity,
and firmness of the administration of our general government. By its
wisdom, the specious designs of the French rulers, to involve us in a
ruinous war, have been discovered and frustrated; by its integrity, a
rational love of our own country has been adhered to, in lieu of an en-
thusiastic preference of a foreign power, and the demand of a degrading
tribute boldly resisted; and by its firmness, the wanton depredations
upon our commerce have been checked upon our coasts, and the ships of
lawless freebooters have been subjected to just reprisals.

Though we cannot with propriety be called a commercial state, yet as
the sale of the produce of our farms intimately depends upon its exporta-
tion from the seaports of our sister states, when their commerce is de-
stroyed, the tiller of the soil is involved in its ruin; and the enenvy, who
captures the cargo of the merchant, gives a mortal blow to the harvest
of the husbandman.

The return of Mr. Gerry, the last of our insulted messengers of peace
[to France,] although without effecting the object of their mission, must
be considered, by every discerning man, as a fortunate event: an event
which must confound the advocates for French amity, dissolve the last
ligaments which bind us to that aspiring, perfidious nation, and convince
the most obdurately incredulous, that friendly and sincere proffers of
amicable accommodation can have no avail with men whose ambition is
gain, and whose policy is plunder. The prolongation of a treaty, the
manifest object of which was to delude us with the prospect of adjust-
ment and indemnification for our losses, while the most flagrant injuries
to our trade and insults to our neutral rights were professedly continued,
could not be desirable.

As a respectable member of the union, it behoves us at this momen-
tous period, when the Sovereignty of our nation is threatened, to express
in the most decided manner, by our official acts, our confidence in, and
adherence to our national government, and to convince France that,
notwithstanding the liberal efforts of some deluded and designing men
among us, we are not a divided people; and that she may no longer pre-
sume upon that intestine division of political sentiments, which has so
long invited her insults, and to which so many European Republics
have fallen a sacrifice.1

1This part of the speech is a response to the appeal of President Adams
to Congress and the country, on the speech of the French President Barras
as delivered upon taking leave of Mr. Madison as the American minister,
in which Barras emphatically denounced "the American government"
as condesending "to the suggestions of her former tyrants," and called
upon the American people, "always proud of their liberty," never to forget
"that they owe it to France." — See American State Papers, octavo edi-
tion of 1817, Vol. 3, pp. 489-90. President Adams said, in his message to
Congress of May 16 1797:

Such attempts ought to be repelled with a decision which shall con-
vince France, and the world, that we are not a degraded people, humil-
iated under a colonial spirit of fear and sense of inferiority, fitted to be

508 Appendix J.

The instructions of our federal executive to our Envoys to France are
strongly marked with candour, and breathe the purest desires for peace;
while the diplomatic interference1 of our Envoys indisputably eviden-
ces the rectitude of our national conduct. While, on the other hand,
the conduct of the French Directory displays a series of diplomatic sub-
terfuge, and insidious attempts to seduce the affections of our unwary
citizens, and inflame the passions of bad men against the administration
of our general government; and instead of meeting our demands for re-
dress, upon the fair field of discussion, they haughtily demand of us large
sums of money, for the beggarly liberty of uttering our complaints.
May we not congratulate ourselves, that a period is put to this deceptive
and degrading negociation ?

America must now, under God, look to her own rescources, and the
valour aud patriotism of her own citizens, for that justice which she has
in vain sought from French uprightness, or French friendship.

I rejoice, Gentlemen, that such is the state of our Finances, and the
general prosperity of our internal concerns, that we are prepared to
meet any exigencies, to which our national concerns may expose us,
without any peculiar embarrassments. By the wise provision of our last
Legislature, it will appear from the exhibits of our Treasurer, that there
is in the Treasury the sum of fourteen thousand dollars, a sum equal to
the discharge of our civil expenses, to the payment of the average of the
thirty thousand dollars due to the state of New-York, and, it is presum-
ed, sufficient for all the outstanding hard money orders. Give me leave to
remark upon this species of state's security, that while our taxes are reg-
ular^- voted, levied and collected, and money remains in public bank,
there appears a manifest want of economy in the issuing orders bearing
an interest ; which orders have become the subject of trade, are often
sold at discount, and the interest seldom profits the honest creditor of
government, but oftener enhances the gains of the speculator. Permit
me to recommend to your attention the calling in of these orders ; and
that some provision be made to prevent the issuing of them in the fu-
ture. As an inducement to this measure it may be observed, that more
impediments to the adjustment of the public accounts, with the treasurer,
have arisen from this source than from any other.

I shall lay before you some communications from the general govern-
ment, and from the executives of neighboring states. That from the
governor of the commonwealth of Massachusetts is of such import it
may be proper to communicate [it] immediately, that it may be subject
to mature deliberation.

Provision you are sensible is made in the federal Constitution for such
amendments as may receive the sanction of the Legislatures of nine
states.2 His excellency, Governor Sumner, has forwarded to me, for
your consideration, a resolve of the legislature of Massachusetts, passed
June 28th, of the current year, in which, after noticing the expediency
"that every constitutional barrier should be opposed to the introduc-

the miserable instruments of foreign influence ; and regardless of na-
tional honor, character and interest.— See same volume of American
State Papers above referred to, p 87.

For the response of Vermont, see address to President Adams in Ap-
pendix H.

1 "Intercourse" in the Vermont newspapers.

2 An error, owing perhaps to the provision that the original constitu-
tion should be adopted on the consent of nine states.

Appendix J. 509

tion of foreign influence into our councils," they propose that, the consti-
tution of the United States should be so amended that " no person shall
be eligible as President, or Yice President of the United States, nor
should any person be a senator, or representative in the Congress of the
United States, except a natural born citizen ; or unless he should have
been a resident in the United States at the time of the declaration of in-
dependence, and shall have continued, either to have resided within the
same, or to have been employed in its service, from that period to the
time of his election."

The expediency of this amendment must be referred to your wisdom.
I will not presume to dictate, but I think it obvious, that a government
can be best administered by its own citizens ; and this amendment may
perhaps free us from those visionary schemes of policy, which foreigners,
unacquainted with the genius, habits, and interests of our community,
may rashly intrude upon our national councils.1

The recent and excellent revision of our municipal laws [1797] will
necessarily abridge your session; impressed with the propriety of econo-
mising the monies of your constituents, I am persuaded you will render
it short as possible. iSTo endeavour on my part shall be wanting to for-
ward the dispatch of public business. I wish you, Gentlemen, an agree-
able session, and fervently pray the great arbiter of events to direct all
your deliberations to the public good.

Isaac Tichenor.

His excellency the Governor and Council then withdrew.2

Answer of the Assembly,

In General Assembly, Oct. 12 1798.

On motion, Besolved. That a committee of three be appointed to pre-
pare and report an answer to his Excellency's speech to both houses.

And a committee was appointed of Mr. [John W.] Blake, Mr. [Daniel]
Chipman, and Mr. [Samuel] Cutler.

Oct. 19. — The committee appointed to prepare and report an answer to
His Excellency's speech to both houses, reported an answer, which was
read and ordered to lie.

Oct. 20. — The house then took under consideration the answer to the
governor's speech, reported to this house on the 19th, in the words fol-
lowing, to wit,

" To His Excellency, Isaac Tichenor, Esquire, governor of tlu
State of Vermont.

"Sir, As the representatives of the Freemen of Vermont, assembled
agreeable to our Constitution, you cannot entertain a doubt, that we are
disposed to express the sentiments of our constituents ; and, by the aid
of the Executive, we trust, fully competent to advance the common in-
terest of our fellow citizens.

" We shall always look to the era of our national government as the
commencement of our national prosperity ; and under the smiles of Di-
vine Providence, we shall pray for its continuance. United with our
sister states, we shall always be able to repel foreign invasion, or chastise
domestic insurrection. While from experience, we place great confidence
in the executive of the United States, and admire the juvenile feats of
our infant navy, we consider agriculture and commerce too nearly allied
to suffer a separation. Our interest is immediately connected with the
one ; our exertions shall tend to protect the other.

"We view, with indignation and concern, the depredations committed

1 See Appendix B.

2 Printed Assembly Journal of 1798, pp. 10-16.

510 Appendix J.

by the French on our commerce; the insults offered to our government
through our messengers of peace ; and the insidious attempts, which
have been unceasingly made, to separate the people from their govern-
ment, But, Sir, the veil is removed. — Let us adopt an old motto, —
Liberty or Death! The French nation, oppressed by their leaders, and
deprived of everything like constitutional liberty ; their object con-
quest, and their policy plunder, are unqualified for negociation. We
therefore rejoice in the return of our envoys; and may we only speak to
them through the mouths of our cannon, until they come to a sense of
the injuries they have done us, and a wish to repair them. We feel a
national pride, and place full confidence in the valor of our citizens, and
our own resources.

"The situation of our treasury will claim our earnest attention, and
every measure in our power shall be used to meet the public exigencies
with promptness and economy. The communication from our sister
state of Massachusetts is important, and comes from so respectable a
branch of the union that it cannot fail of receiving from us full discus-
sion and deliberation. The Constitution of the United States wisely
provides for its own amendment: but the power should only be used
upon a full conviction of its utility.

"We cannot close this reply to your address without expressing our
entire approbation of your administration for the past year; and our
sincere wishes that your usefulness may be long continued to your
country."

Mr. W. C. Harrington then introduced the following resolution, to
wit, Besolved, That the foregoing answer to the speech of his Excellency
the governor, delivered at the opening of the house, pass; and that it
be signed by the Speaker in behalf of this House; and that a committee,
consisting of three members, be chosen to deliver the same to his Ex-
cellency the Governor; and that the said committee be nominated by the
speaker.

The same being agreed to by the house, Mr. Blake, Mr. [Udney] Hay,
and Mr. [Boswell] Olcott were nominated and appointed.1

It will be observed that this war-charged address was agreed to by
both parties in the Assembly. On the same day, and immediately suc-
ceeding the adoption of the foregoing paper, the question was taken on
a like address to President Adams, when twenty-three members voted
against it, for the reason that it approved of all of the official conduct of
the President. — See Appendix H.

That the voice of "Vermont was for war, irrespective of party prefer-
ences, is evident from the fact that a forcible appeal from Gen. Eli
Coggswell was favorably responded to by the legislature of 1798. — See
printed Assembly Journal, pp. 37-39.

Speech of Gov. Tichenor— 1799.

In General Assembly, Oct. 12 1799.
His Excellency the Governor and Council appeared in the House,
and having taken their seats, his Excellency delivered the following
speech, to wit:

Printed Assembly Journal of 1798, pp. 10-17, 66, 73-75.

Appendix J. 511

Gentlemen of the Council, and Gentlemen of the House of Representatices.

The confidence of his constituents affords the highest pleasure an up-
right magistrate can receive ; the continuance of that confidence, ex-
pressed in their annual suffrages, gives a sanction to his official conduct,
and is indeed his best reward; but even this enjoyment is heightened,
when he perceives the state, over which he presides, in the possession
of peace and prosperity, and the nation advancing in riches and honor.
That I eminently enjoy this rich satisfaction, a cursory display of the
public concerns of the state, and the Union, will abundantly illustrate.

In our inland state agriculture attaches primary attention. We have
to rejoice that our early harvest has been plenteous, and the latter har-
vest promises speedily to gratify the brightest hopes of the husbandman.
While we deplore the pestilence,1 which has thinned the seaports of our
sister states, our mountains and our vallies have been the habitations of
health: while war has ravaged other countries, our happy interest in
the Federal Union has preserved our land in peace: and while domestic
tumult has destroyed the tranquility of others, we have to rejoice that
no daring insurrection has disgraced our Government; and that our
citizens continue to venerate Religion, Morality, and the Laws.

We may congratulate ourselves, that at no period since the formation
of our government, were the duties of the Legislature less arduous. By
the wise and prudent arrangement of the last and preceding Legisla-
tures, the debts that were contracted in support of our revolutionary war,
and for extinguishing the claims of a neighboring state, are now happily
discharged; and the people of this state, accustomed to industry, tem-
perance, and frugality, are in general prosperous and happy, under a
system of laws wisely adapted to our local situation, and adequate to the
general exigencies of Government.

As a state, however, we have the ensuing year to meet some expences
which, although reasonable, and by no means burthensome, will call for
the exercise of public economy: 1 allude to the direct tax of the United
States, and the sitting of the Council of Censors, which, if the result of
their wise deliberations should conclude in calling a Convention, would
enhance the demands on the public chest. Perhaps it may not be amiss,
on this occasion, to suggest the expediency of the Legislature's giving
the efficacy of example to the precept of economy.

The last time I had the honor to address you, our national prospects
were clouded, and nothing but a firm reliance, under heaven, in the
justice of our cause, and a well grounded confidence in the wisdom of
the Chief Magistrate of the Union, and the patriotic energy of our na-
tional administration, could have supported the discerning citizen in
the assurance of the welfare of his country. But no sooner had the
United States assumed a firm and decided attitude, no sooner had our
nation equipped and manned her Navy with her native citizens, and
enacted salutary laws for the defence and protection of our rights, than
foreign aggressors abridged their depredations. Our commerce, under
the protection of our Flag, at once revived; and the citizens of the United
States, daily experiencing the beneficial effects, manifest their approba-
tion and support: even the combined powers of Europe envy the wisdom
and patriotism of our administration, which, without the horrors of open
war, has already procured us the respect, and 1 trust will soon secure us
that justice from the French rulers, which they themselves cannot retain,
without the sacrifice of abundant blood and treasure.

If, as a member of the Union, we are called upon to defray our pro-
file yellow fever, which had been very fatal.

51 2 Appendix J.

portion of public monies, for the support of measures which have for
their objects the security of our excellent governments, the preservation
of our property, of our civil and religious rights, and the protection of
our commerce, upon which (I cannot too often repeat) the success of our
agriculture ultimately depends, what good citizen is there among us that
would not yield a ready compliance ?

An unfortunate event, which took place near the north line of this
state, within the province of Canada, in February last, and which, in its
consequences, might have interrupted that good neighborhood, which it
is the mutual interest of people inhabiting adjacent territories to pre-
serve, has led to a correspondence between the Executive of his Britan-
nic Majesty's province of Lower Canada and myself. I shall now only
add, that we are indebted to the liberality and justice, which has distin-
guished the conduct of his Excellency the late Governor Prescott, and
the coincidence of the present commander in chief, Governor Milnes,
for a happy and amicable adjustment of this disagreeable business. As
this correspondence particularly appertains to the executive branch of
our Government, I shall lay it before the Council, whose wisdom will
direct such further communication as they may think proper. l

I shall communicate to you certain Resolutions from the states of Vir-
ginia and Kentucky. These resolutions, in some of our sister states,
whose opinions we respect, have met with severe comment; in others,
with marked contempt: it remains for you to reply to them in the man-
ner you shall judge they merit. For my own part, I have not the
smallest hesitation in predicting that they will meet your decided disap-
probation: because they contain principles hostile to your best interests,
and because I know you love your country, and are rationally attached
to the principles of our excellent Federal Constitution.2

1 wish you an agreeable session, and ardently pray the Governor of
the Universe, to direct all your deliberations for the best good of your
constituents, and welfare of your Country. Isaac Tichenor.

Answer of the Assembly.

His Excellency the Governor and Council having withdrawn, Ordered,
That a committee be appointed to prepare and report an answer to the
speech of his Excellency the Governor to both branches of the Legisla-
ture : and a committee was appointed of Mr. [Daniel] Chipman, Mr.
[Udney] Hay, and Mr. [Rev. Asa] Lyon.

Oct. 21 1799. — Mr. [Daniel] Chipman, from the committee appointed to
prepare and report an answer to the speech of his Excellency the Gov-
ernor delivered before both branches of [the] Legislature on the twelfth
instant, reported an Answer, which was read in the words following, to
wit.

"To His Excellency Isaac Tichenor, JE squire, Governor of the
State of Vermont.

"Sir, The confidence of your constituents expressed by a decided ma-
jority of their annual suffrages, affords the highest satisfaction to the
General Assembly. While the people are the source of power and hon-
or, their grateful approbation must be the best reward the Chief Magis-
trate can receive for his continued service. With you, sir, we sincerely
rejoice that, under your administration, the state is in a high degree
prosperous and happy ; that the bounties of providence have been so lib-

^See special message on this subject, post p. 514.

2 See Appendix K.

Appendix J. 513

erally bestowed, the blessings of health and peace so generally enjoyed ;
and the honor and felicity of the nation so extensively encreased. To
behold our citizens rapidly advancing in habits of industry and economy,
the science of government generally understood among the people, and
a high veneration for religion, morality and the laws, gives us the ful-
lest assurance that ill founded jealousy of our rulers cannot exist, nor the
ambitious and designing find means to discourage the upright Magis-
trate. We predict, with pleasure, the encrease of well founded confi-
dence in the state and general governments, built upon the firm basis of
our happy constitution.

" The discharging of past debts and the present state of the treasury, are
a noble evidence of the wisdom and prudence of our former Legislatures.
Our present resources, managed with a wise frugality, which this Legis-
lature will not fail to enforce by example, will enable us to meet with
promptitude any expense which this, or the general government may
require.

"The wisdom and firmness of the Chief Magistrate of the Union, sup-
ported by the patriotic energy of the national Legislature, have been
crowned with success, beyond the most sanguine expectations of our
citizens. With pleasure we behold the late gloom dispelling, and a pros-
pect opening, which nothing but a full reliance, under Heaven, in the
justice of our cause, and a firm confidence in the wisdom of our national
administration, could have led us to expect. Our commerce is protected,
our rights are defended against lawless invaders, and we hope soon by
our energetic measures, to obtain that justice, which our messengers of
peace have hitherto sought in vain. Agriculture, so nearly connected
with commerce, already smiles, it gladdens the countenance of the hus-
bandman, and fills the heart of every patriot with joy. Feeling our in-
terest in the result of these decided measures, rejoicing in the security
of our dearest rights, we wish success to every laudable enterprize, and
will be ready to afford the most prompt and ample aid in our power.

'■'■With satisfaction we received information, from your Excellency, of
the accommodation of an unhappy affair, which had given serious alarm
to many of our citizens : your seasonable interference, and the happy
result of your correspondence, we consider is of the highest importance,
and trust we shall never forget the liberality and justice of his Excel-
lency, the late Governor, and his Honor the present Commander in
Chief of his Britannic Majesty's province of Lower Canada, which in so
great a degree have contributed to this event.

" Be assured, sir, that we shall duly consider the resolutions from Vir-
ginia and Kentucky, and give them that treatment which, after mature
deliberation, we shall judge they merit. Our attachment to the princi-
ples of our excellent Federal Constitution is such that any sentiment or
measure tending to its subversion, will be considered hostile to our best
interest, and ever meet our decided disapprobation. Let constitutional
rights be forever sacred, and disorganizing principles eternally detested!

"From these sentiments we shall ever act, and relying that your ex-
cellency will fully coincide in the same principles, we wish you all
prosperity, and pray for the welfare of the nation."

On motion, Besolved, That the foregoing Answer to the Speech of his
Excellency the Governor, delivered on the 12th instant, before both
branches of the ^Legislature, be accepted; and that it be signed by the
Speaker in behalf of the House; and that a committee consisting of

33

514 Appendix J.

three members be appointed to deliver the same to his Excellency. And
a committee was appointed of Mr. Speaker [Amos Marsh,] Mr. Ephraim
Wheelock, and Mr. [Udney] Hay.1

The Jeffersonian republicans in this legislature numbered fifty two,
but they refrained from making any issue with the Governor, reserving
themselves for a protest on the answer of the Legislature to the Vir-
ginia and Kentucky resolutions of 1798. — See Appendix K.

Special Message of Gov. Tichenor, and action of the Assembly
thereon.— Oct. 1799.

Oct. 19. — Mr. Speaker informed the House he had received a commu-
nication from his Excellency the Governor, which he then read as fol-
io weth, to wit:
'■'Gentlemen of the House of Representatives,

"Herewith will be laid before you by my secretary, an official corres-
pondence between the executive of the province of lower Canada and
myself, relative to, and certain other papers illustrative of the unfortu-
nate circumstances of the death of John Gregg, who was drowned in
lake Champlain, while in the custody of certain citizens of this state,
who had inconsiderately arrested the deceased within the territory of his
Britanic Majesty. Bills of indictment, charging these citizens with the
murder of said Gregg, were found in the Colonial Court of King's Bench
of Criminal Jurisdiction in Montreal, and a demand to deliver over these
citizens for trial was made in consequence thereof.

"Although this was a business appropriately of an executive kind, yet
as the subject of it has excited much speculation, under the advice of
the Council I have thought fit to acquaint you of the measures adopted
by me, for the adjustment and termination of an occurrence of so serious
and delicate a nature, and hope they will meet the approbation of the
honorable House. With great respect and consideration, I have the
honor to be your obedient servant, Isaac Tichenor.

"In Council, 19th Oct. 1799.*'

The official papers communicated by his Excellency to the House were
then read. Whereupon, Besolvecl, that Mr. [Udney] Hay, Mr. [Jona-
than] Robinson, and Mr. [Rev. Asa] Lyon be a committee to prepare
and report a resolution expressive of the approbation of this House of
the conduct of his Excellency, in accommodating the differences which
had arisen between the governments of the province of lower Canada
and this state in consequence of the unfortunate death of John Gregg.

Oct. 22. — Mr. Hay, from the committee appointed to pepare and re-
port a resolution expressive of the approbation of this House of the
conduct of his Excellency the Governor, in accommodating the differ-
ences which had arisen between the executives of the province of lower
Canada and this State, on account of the unfortunate death of John
Gregg, made a report which read as followeth :
" To )iis Excellency Isaac Tichenor, Esquire.

" We had the honor, on Saturday last, to receive a communication of
your official correspondence with his Excellency General Prescott, late
Governor of Canada, and since his departure with Lieutenant Governor
Milnes, who now presides over that province. The unhappjr affair,
which occasioned that correspondence, had long given painful anxiety to
the citizens of this state.

'Printed Assembly Journal for 1799, pp. 8-10, 55,56.

Appendix J. 515

"From the good understanding which has ever existed between your
Excellency and this House, we flatter ourselves that you will be pleased
with being informed that no sooner was the whole of your communica-
tion read, than a unanimous vote was passed, ordering an address of
thanks to be presented to you, for your signal services on this occasion.

" Accept, then, our assurances that your address ami good manage-
ment, in bringing this unfortunate business to so happy and speedy an
issue, has encreased, if possible, the very high esteem we have ever en-
tertained of your patriotism, your candour, your abilities, your integrity.1

" Be pleased, Sir, to inform the honorable Lieutenant Governor
Milnes that we entertain a very high sense of the liberal, candid and
delicate manner in which this extremely unfortunate affair has, from its
commencement to its termination, been treated by his predecessor and
by him. Their conduct, when our sense thereof is known to our fellow
citizens, must tend to encrease the general desire for the continuation
of a mutual, a free, and amicable intercourse with the country over
which he presides.

u Be pleased, likewise, to assure that Gentleman, that as the constitu-
tional organ of our constituents, we can with safety pledge ourselves
that they entertain too high a sense, and are too jealous of their own
rights, ever to infringe, voluntarily and intentionally, those of any
friendly nation."

Ordered, That the said report be accepted.2

John Griggs was a resident of Alburgh, for whose arrest John Allen,
a deputy sheriff of Franklin county, held a warrant. When Allen, with
assistants, came to make the arrest, Griggs had taken refuge in a
brother's house, which was in Canada, a very short distance north of the
boundary line. Nevertheless Allen and his men crossed the line,
broke into the room of Griggs, arrested and bound him, put him into a
sleigh, and proceeded southward on the ice of the lake. In passing
round "the tongue" of Alburgh, the party broke through the ice, and
Griggs was drowned. Allen and his associates were indicted at Mont-
real for murder, and the governor of Canada applied for the delivery of
the indicted persons for trial in Canada. Thereupon the correspon-
dence ensued between Gov. Tichenor and the governors of Canada, and
through Tichenor's explanations and apologies the matter was happily
accommodated.3 The Assembly Journal for 1799 shows that a court of
inquiry on this subject had been convened at Alburgh, in May of that
year. Doubtless the court found that Griggs, as a citizen of Alburgh,
was legally liable to arrest, and that his death was accidental. Of course
an apology was due for invading the territory of Canada, and Gov.
Tichenor made one in ample and proper terms.

1 To appreciate justly this strong expression of personal favor to Gov.
Tichenor, it should be remembered that the author of this address was
a leader of the political opponents of the governor in the House, and
that the address was adopted by a unanimous vote.

3 Printed Assembly Journal of 1799, pp. 48-9, 64-5, 74.

3 Vt. Historical Magazine, Vol. n, p. 496.

516 Appendix J.

Speech of Gov. Tichenor.— 1800.

In Assembly, Oct, 10, 1800.

His excellency the governor and council appeared in the house, and
after having taken their seats, his excellency the governor delivered the
following speech:
Gentlemen of the Council and Gentlemen of the house of Representatives :

In obedience to the voice of the people, it is again become my duty to
meet you in General Assembly.

The affairs of Government will always be attended with difficulty, and
will require much application, prudence and firmness in those on
whom is devolved the arduous task of conducting its interests. It is in
confidence that I shall be favored with your cordial assistance and sup-
port, that I enter upon the office and duties which the Constitution has
assigned to the Chief Magistrate of this State. Collected from the dif-
ferent parts of the Commonwealth, you must be intimately acquainted
with the various situations and circumstances of your Constituents, and
with such information, it will be in your power to pursue the public
welfare with candor and success, in all the consultations and measures
of the present session.

The business particularly entrusted to me, by the legislature at their
last Session, has be«n strictly attended to, and will be the subject of a
future message. — [The claim of Indians to land in Vermont. ]

The Auditor will lay before you a general statement of the accounts
of the Treasury department; a review of the accounts of that department
for several years past, when contrasted with those of former years, will
show an increase of wealth in our state, and a degree of economy in the
management of our finances that must be pleasing to my fellow citizens.
1 however consider it to be my duty once more to submit to your con-
sideration the propriety and necessity of redeeming the public securities
now in circulation, upon which, without any benefit to our Government,
we are annually incurring an accumulated interest. Without adopting
a measure of this kind, no complete adjustment of the Treasurer's ac-
count can be effected.

The Constitution and Laws of our Country have made it the duty of
the Legislature, at this Session, to choose Electors of President and Vice
President of the United States. This consideration gives a peculiar im-
portance to the business of this Session. Those men, who are to be im-
• mediately instrumental in the appointment of persons who are to till the
highest offices our Country can bestow, ought to be selected from the
most worthy of our fellow Citizens. It is sincerely to be hoped, that the
importance of the crisis may induce such Electors, when chosen, to unite
their suffrages on men who are attached to the interests of their coun-
try, and who are the friends of order and good government. Should the
Chief magistrate of the Union be destitute of the virtues of a Real pat-
riot; should a predilection for foreign principles, or an ardor for foreign
theories, influence him to depart from the sober maxims of our ances-
tors, and from those principles of national interest which Washington
recommended, in his last legacy to the people, and which Adams has so
happily pursued in his Executive administration of the general govern-
ment; in a word, should our first Magistrate be other than an Independ-
ent American, the most injurious consequences to us and our posterity
are justly to be apprehended.

From the situation of this State, agriculture must be a primary and
essential object of attention; separated from harbours of commerce, the
inhabitants of Vermont must, at all times, look for support from the
labors and productions pf the field. And it is with much gratitude to

Appendix J. 517

the benevolent author of nature, that we have to remark, that our pros-
pects in this respect are highly encouraging. Not only have the har-
vests of the present year been greatly productive, but the general spirit
of agriculture is much improving in every part of this State, and, the
happy effects of it are every where to be seen in the improvements of
our farmers, in the rapid increase of our buildings, and in the produce
of our fields.

But while we observe, with pleasure, the improved state of our agri-
culture, it is of importance that we bear in mind that agriculture, in all
its interests, is most intimately counected with those of commerce and
manufactures, and cannot be carried on to any considerable extent, but
in connection with them. If the farmer finds no demand for the produce
of his land, a great part of it becomes useless ; thus the various interests
of every state in the union become mutually dependent and connected ;
and that, which is a benefit to the one, is an advantage to the whole.

All our interests, whether public or private, are so inseparably con-
nected with the principles that regulate the conduct of mankind, the
principles of morality and religion, that there cannot be any permanent
prosperity in the one, without a steady cultivation of the other ; what
can restrain the passions of men, regulate their views and pursuits, con-
fine them to the bounds of reason, duty and integrity, produce industry,
economy and regularity, or a steady obedience to the laws of our country,
but substantial and permanent principles of action? And can these
be expected, or will they be found, in any other principles but those of
morality and religion.

If anything can be wanting to convince us of the importance of moral
and christian principles, the fatal and horrid consequences, that have
arisen in modern times, from treating them with neglect and contempt,
must carry conviction to the mind of every person who has heard or read
of the revolution in Europe. In every attempt, therefore, to promote the
interests of science, the education of youth, or to render respectable the
institutions and precepts of Christianity, we shall be in the discharge of
a duty, highly useful in a Christian Country, and every way interesting
to a free people.

While the concerns of our state government more immediately engage
our attention, they are so essentially connected with the government of
the United States, that we cannot discharge our duty to the former, with-
out taking into view the interests of the latter.

The wisdom, the firmness, the prudence and success with which our
late President, the great, the, good, the immortal Washington, adminis-
tered the affairs of the Federal Government, can never be forgotten by
us, and will ever be remembered with admiration and gratitude by all
succeding generations. It was never given to any man to render more
important services to his country, than was done by him to the States of
America ; and were the wishes of mankind ever allowed to controul the
laws of nature, that most worthy and excellent man had never died.
But altho' removed to an higher sphere of action, we, and I trust all fu-
ture generations of men in the United States, will share largely in the
benefits he procured for his grateful Country.

The same measures of government have been pursued, by his worthy
successor. The effect has been peace, prosperity, encreasing wealth and
population, in every part of the United States ; while the rest of the
world are involved in the miseries and calamities of civil war, slaughter
and destruction, that have not a parallel in history.

If anything could silence the voice of calumny, or terminate the mis-
chievous effects of misrepresentation as to men and measures, so
dangerous to a free government, and so much regretted by all good men,

518 . Appendix J.

it would be the singular happiness, this country has enjoyed amidst the
scenes of general distress, which has afflicted other nations. But what-
ever may be the language or the attempt of the opposers of our govern-
ment, the wise and virtuous cannot but find, in the prosperity of our
country, abundant reasons for an undeviating attachment to the federal
constitution and laws, and to those measures of government that have
tended so much to produce public tranquility and happiness.

Our commerce, and with it, our national resources have been extended;
our manufactures have increased; our agriculture has flourished; our na-
tional government has, by its laws, supported our citizens at home, and by
its energy protected them abroad, and a neutral and happily beneficial
attitude has been maintained with dignified perseverance: and those
among us who have thought that an efficient Treaty with France would
add to our political prosperity, must have found great satisfaction in the
recent mission of envoys, to that power; indeed it is ardently hoped, that
they may honorably accommodate existing disagreements. But should
these envoys, like our former messengers of peace, return to their Coun-
try, without effecting the desirable object of their mission, it is charitably
expected that every mouth will be stopped, and every eye turned to our
national courage and patriotism, that sure and only foundatian of national
prosperity.

That all your wise deliberations may tend to this great and good end,
I ardently pray the great disposer of all human events.

Isaac Tichenok.

Nathaniel Niles, Daniel Chipman, and William Simpson were ap-
pointed to draft an answer of the House to the foregoing speech, and
Mr. Niles reported an answer responding to the sentiments of the gov-
ernor, which was agreed to without a division. — See printed Assembly
Journal of 1800, pp. 135-138.

Speech of Gov. Tichenok. — 1801.

Gentlemen of the Council and Gentlemen of the house of Bepresentatives :

In a state regulated in its expenditures by the strictest rules of econ-
omy, the public approbation must be the principal reward of its magis-
trates. That I have the honor of addressing you again, as your Chief
Magistrate, evidences the confidence of the Freemen in my past conduct,
and urges to active and zealous pursuit of their best welfare.

The Constitution of this State, under which we are now assembled, is
happily formed on the principles of freedom, and has, for its object, the
interest of the great body of the people: To discover this interest will
be the result of your deliberations; to pursue it, the result of your doings.
Upon the habits, the opinions, the principles of the people both civil
and religious, republican governments solely depend: When the peo-
ple are habituated to respect the laws and their Magistrates, and, aided
by the impulses of religion, are attached by political principles to their
government, its administration will prosper, and the people be happy.
But when they are habituated to view their government as prodigal and
oppressive, to be ever jealous of the character and conduct of their mag-
istrates, and from bad principles are induced to vilify and obstruct its
public acts, and meet no restraint from religious or moral considerations,
the government hastens rapidly to ruin. It is then highly important,
that the General Assembly, as the political fathers of the people, should
endeavor, by all candid means, to direct the public sentiment. To effect

Appendix J. 519

this, the Legislature must possess the confidence of the people. This,
Gentlemen, you will continue to do, by enacting wise and beneficial
laws; by providing for public expenditures, and enforcing proper econ-
omy in governmental expenses; by electing men of abilites, worth and
integrity into office; by inculcating sound morals, and recommending a
reverence for the great and salutary duties of religion.

The institutions of religious worship, and the establishment of Colle-
ges and Academies in this State, will afford us much assistance. While
our youth are trained up in knowledge and virtue, and the people prac-
tise in assembling for the purposes of religious instruction and devotion,
we may rationally hope that good principles will prevail, and have their
happy effects, in all our personal and public proceedings.

The appointment of civil officers is a necessary part of the business
which the Constitution assigns to the General Assembly at their annual
Session. Unfortunately for our Country, this has become a matter of
discord and party contention in some parts of the union. It cannot be
necessary, and it cannot be expedient, to make that, which the Consti-
tution contemplates as a very serious and important duty, become a
matter of contention or private interest. By avoiding everything which
has the appearance of partiality or intolerance, and private interest, and
by aiming to appoint those men who are the best fitted and qualified to
discharge the public offices and services, we preserve to ourselves the
approbation of our own minds, and give to our fellow Citizens compleat
evidence, that the principles of Republicanism are not the principles of
contention, of intolerance, of individual interest, or of faction, but those
of candor, of public utility and national prosperity.

In the transaction and management of public business, in general, a
spirit of candor, temperance and prudence is an essential requisite. No
affairs of importance can ever be done to advantage when the mind is
agitated with intemperate passions, or inflamed by party purposes and
pursuits. In a state, heretofore superior to such influences, it may be
presumed that they will not be permitted now to prevail : But that
Wisdom, discretion and benevolence, will mark all the proceedings of
the present Session.

It is with much satisfaction I announce to you the prosperous state of
our finances. The public debt, due on hard money orders, has been dis-
charged; a small annual tax will, in future, be fully adequate to meet
the expences of government. I cannot omit recommending to your
particular attention, the state of our Militia. That brave and useful
part of our fellow Citizens, upon whom the sure and immediate defence
of our country depends, are greatly deficient in military equipments —
the greater part are destitute of arms — the law on the subject, has lain
dormant, and six years' experience has evidenced its inutility; the sol-
dier has found it difficult, if not impracticable, to comply with it, and the
officers, sensible of this, have omitted to enforce it. Whether it would
be proper to purchase arms for their use, or by encouraging the manu-
facture of arms in this State, and thereby affording the Militia an oppor-
tunity of equipping themselves, is worthy of your serious consideration.
Field Artillery is of indispensable use in modern tactics, and in almost
all our sister States provided at the expence of government. Two field
pieces to each brigade would not be expensive and burthensome in our
present state of prosperity. A tax of such a beneficial intent would be
cheerfully submitted to by all classes of people; they would feel a vir-
tuous Pride in cherishing that military zeal which has hitherto animated
the militia of this State. Surel} the public treasure cannot be better
expended than for national defence. Assuredly,. the brave, hardy militia

520 Appendix J.

of the State of Vermont have merited the patronage of their country as
highly as any soldiery in the union.

A letter from the Governor of the State of Maryland, covering certain
resolutions of that State, as well as some other subjects of less import,
will be communicated by a special message. — [See ante, p. 432.]

It is not barely to the limits of this State that our political duties are
confined; they extend much farther, and have relation to the whole of
the federal union. Happy in our own State, by enjoying a republican
form of government, it is another and important part of our political
trust, that we are connected with the other free states of America by a
Federal constitution mutually guaranteeing to each other, and to the
whole, protection and defence. Our duty to the Federal government
does not depend on names, persons, or political distinctions; least of all
does it depend on having the other states uniting with us in the election
of any particular person to be President of the United States. Who-
ever holds that important office, by Constitutional appointment and au-
thority, is justly entitled to all the respect and obedience which the
Constitution and the laws have attached to the office; and that which in
the Federal system is to be revered and obeyed, is not any particular
name or opinion, but national and constitutional authority. " There can-
not, therefore, be a doubt, but that it is our duty to support the federal
union, to obey the federal laws, and to do all in our power to support and
preserve the constitution and government of the United States.

As the increase of population is one of the acknowledged criterions of
the prosperity of a people, I cannot refrain from congratulating you
upon the rapid increase of our Citizens since the last census. This will
probably call for a new apportionment of the Representatives from this
State to the Congress of the United States; and at the next annual
Session of this Assembly, it may be necessary to district the Slate anew
for the election of a requisite number of Representatives. At the pres-
ent Session, it may be expedient to repeal the act directing the election
of members to Congress to be holden in the mouth of September next,
and to adopt such measures, as shall render an extraordinay session of
the legislature for this purpose unnecessary.

I shall be ready to concur with you, Gentlemen, in any measure of
public utility, and humbly rely upon a superintending Providence, that
all our honest endeavors for the public good may be crowned with suc-
cess. Isaac Tichenor.

For the answer of the House, see Assembly Journal of 1801, p. 105.

Speech of Gov. Tichenor— Oct. 1802.

Gentlemen of the Council, and of the House of Mepresentatives:

There cannot be a more important civil trust, than that which our
constituents have assigned us. To designate those officers, on whose de-
cision all that belongs to life, liberty, or property may depend, is a
weighty and serious transaction. Instead of being a matter of intrigue,
party, or selfish policy, it requires all the calmness of wisdom, all the
disinterestedness of virtue. Nor could there be a more unfortunate
error, than to make those civil appointments, which by our constitution
must be annual, a matter of private friendship, interest, party, or fac-
tion. You will meet this part of your business, Gentlemen, with all the
calmness, impartiality and attention to the public good, which the honor
and interest of the state essentially require.

One of the greatest misfortunes, that attends republican Governments,
is the progress and violence of party spirit. We need not recur to an-
cient history for proof. Our beloved Washington, with all his modera-

Appendix J. 521

tion, wisdom and virtues, was not able to repress the destructive spirit ;
we know that an ardent love for his country, and a life devoted to its ser-
vice with the most upright intentions, did not shield him and his meas-
ures from its malignant'effects. It existed in his day, and has progressed
with time, and increased with violence, untill now. In a government,
where the honors and emoluments of public offices are alike open to all
the citizens, it will be natural for many to appear as candidates for pub-
lic approbation and employment; and many good effects will arise from a
spirit of emulation, enterprise and ambition : let them be well directed,
and under proper regulations, and they will give rise to the most neces-
sary and useful public exertions. But when ambitious men become in-
flamed, so as to produce a violation of the laws of virtue, the destruction
of private character, the propagation of falsehood and slander and an es-
tablished rancorous spirit of party, they introduce into civil society some
of the worst evils. One part of the community becomes inflamed against
the other; different parties are ranked under different leaders; they have
different views and aims, and forgetful of the public good, are most of all
active and violent to accomplish their own particular purposes. It
cannot be, in such a state of things, but that the public interest will
be sacrificed to private views; and the more engaged men are in such
pursuits, the more the public interest must suffer and the public peace
be endangered.

Kepublican government cannot be maintained but by an union of the
wise and good. It requires the abilities and exertions of the wisest and
most virtuous, in every country, to direct the public affairs, to restrain
the vicious, to give the laws a proper direction and energy, and to keep
up those civil and moral institutions on which the existence and safety
or civil society essentially depend. Those, therefore, who. from a spirit
of party, or personal aggrandizement, labor to divide and inflame one
nart of the community against the other, whatever motive and principles
they may avow, are the greatest enemies to our republican constitution
and form of government. A remedy for these evils, so pernicious to
society, is not within the reach of legislative acts; it is only on the vir-
tue and correct information of the great body of the people, that we can
rely to stop their progress, or to' do away their fatal effects; and when
aided by the precepts and examples of virtuous representatives and up-
right magistrates, [these] will, I presume, be effectual.

It is not barely from the Constitution and form of government, adopt-
ed by this State, that our safety is derived. Connected with other States
by the Federal Constitution, the interest and safety of each is involved
in preserving the union of the whole.

By a late act of Congress, it has become our duty to make new ar-
rangments respecting the choice of Kepresentatives ; and it is of the
most serious importance that in all our acts respecting the general gov-
ernment, we discover the most anxious solicitude to preserve and
strengthen the union, and to support the Constitution and government
of the United States. If under any pretence, or violence of parties, the
Federal Constitution should be destroyed, perverted or essentially alter-
ed, we may discover our error and ruin at the same disastrous period.

In the view of humanity, it must be a matter of joy, that peace, in
Europe, has put a stop to the effusion of human blood ; while we rejoice
in the event, we feel most sensibly, that the produce of our agriculture is
not a little connected with commerce. In an agricultural State, like
that of Vermont, it is the commerce of the maritime states that gives
value to that part of our productions which are not wanted for our own
consumption, and unless the latter be protected by the energies of gov-
ernment, the former cannot be pursued to any considerable extent with
advantage to the laborer..

522 Appendix J.

In a free state, a Militia, well equipt and disciplined, has ever been
considered as the great and sure basis of its independence. Impressed
with this truth, our sister states have made the greatest governmental
exertions, to cherish and invite their citizens to practice the arts of war
in times of peace, that they might know how to defend their Country in
the hour of danger. In some States, they have furnished the Militia
with fire arms, at the public expense, and in all most all with field artil-
lery. In our state, the Militia are very deficient in military equipments
and totally destitute of field artillery. I have frequently made the situ-
ation of our Militia the subject of unsuccessful communication, and can
only hope, from the patriotism of the present legislature, that the claims
of this brave and meritorious part of our fellow citizens will be fully
answered, especially as the late peace has probably brought the price of
military articles within that rule of economy which ought to regulate
public expenditure.

I cannot forbear to mention, with high satisfaction, that our schools
and colleges are assuming a very respectable appearance of utility and
reputation. It is in the progress and influence of education, knowledge,
virtue, and religion, that all orders of men will receive the most sub-
stantial benefits that can accrue, either to individuals or to societies.

If necessary, in pursuance of the duties of office, I shall recommend
for your consideration any other business by partieular message. I sin-
cerely wish you an agreeable session, and firmly hope, that with temper-
ance and wisdom becoming the assembled Fathers of the people, you
will conduct for their best interest. Isaac Tichenor.

Burlington Oct. 18th 1802.

On the answer of the Assembly to this speech, the parties in the
House were pretty nearly divided, and much discussion ensued. The
Jeffersonian Republicans carried their address by a vote of 93 to 85. —
See printed Assembly Journal of 1802, pp. 109-117. The Federalists
entered a protest on the journal.— See Ibid. pp. 201-203, and 284-288.

Speech of Gov. Tichenor— Oct. 1803.

Gentlemen of the Council, and Gentlemen of the house of Bepresentatives :

We are again assembled to devise and adopt such measures as will
promote the great interest of our fellow citizens.

In the exercise of the duties assigned to us, it may not be unprofitable
to look back to the infant state of our Republic, from thence trace the
measures pursued by our venerable fathers, to whose wisdom and firmness
we are indebted for the rank and privileges of an independent state. It is a
tribute justly due to their virtues, thus publickly to acknowledge, that the
evils, arising from divisions and party spirit, were not known in their
legislative Councils. Their appointments to offices were fixed on men
whose disinterested zeal for the public good was manifested more by
their acts than their professions. A patriotic spirit of union, in Council
and measures, animated their administrations. They subdued the wil-
derness, they sowed the seeds of science and the arts, and the elder
states saw, with surprise, a few united and virtuous Citizens demanding
as their right an honorable station among her sister states. It should be
remembered, that it was union alone sustained them, in their infant
struggles for right, in their noble exertions for sovereignty. It is wis-
dom~in us to adhere to those rules and maxims, by which they regulated

Appendix J. 523

their conduct, and like them, to make the general good the great object
of all our public measures.

One important part of the business assigned to us, by the Constitution,
is the appointment of public officers; our duty in this respect is plain
and easy to be understood: the wisest and best men, those who by pre-
cept and example, will cherish obedience to the laws, are evidently the
most proper candidates. And while we aim to appoint only such to
office, there will be no room for party views and interest to influence our
proceedings.

The enacting of laws should ever be a business of mature deliberation.
The happiness and safety of society does not depend on the multiplicity
of its laws. Laws should be few in number, explicit, and duly enforced.
What the operation of a law will be, upon a community, the most dis-
cerning cannot often foretell. A partial evil is sometimes noticed upon
the promulgation of a law, which is often greatly overbalanced by its
more general and beneficial effects. The only sure mode of deciding
upon the merits of a statute is to submit to the process of partial experi-
ment. Hence it follows, that Legislatures should be as careful in re-
pealing as in enacting laws. Among the public acts passed by the last
General Assembly, it is believed that the act relating to insolvent debt-
ors is not sufficiently explicit and guarded to secure the rights of Credi-
tors, and afford the remedy intended for Debtors. An investigation, by
an Assembly possessing accurate knowledge of the operation of this
statute, and of some others recently enacted, will determine if amend-
ments are necessary.

By the twenty fourth Section of our Constitution, in order to make san-
guinary punishments less necessary, it is strongly recommended, "That
means should be provided for punishing by hard labor those who should
be convicted of crimes not capital: whereby the criminal shall be em-
ployed for the benefit of the public, or for the reparation of injuries done
to private persons." Whether the period has arrived, in which this
humane and salutary recommendation can be carried into effect, you can
best judge; but the weakness of our County Goals throughout the State,
the frequent escape of persons convicted for crimes, the great expeiice
sustained by the state and county Treasuries for the apprehension of
prisoners, and the yet greater expence of supporting Criminals in our
County Goals, impress it upon me as a duty, to draw the attention of
the legislature to the erecting of a State prison. I may here add, we
have not to venture the expence upon the uncertainty of experiment,
but the benefits and even profits of a public penitentiary house or state
prison has [have] been abundantly proved in a number of the neigh-
boring States.

In a just arrangement of our fiscal concerns much advantage will result
to the people. While we are careful to supply the Treasury with such
sums of money as the public exigencies require, it will at all times be
useful to pay a strict attention to public expenditures, and to ascertain
from time to time, the amount of monies drawn for the support of differ-
ent branches of our government: for this purpose, the public accounts
will be laid before you.

The state or our Militia has strong claims on your attention : by an
official communication from the President of the United States, it has
again become my duty to invite you to a consideration of this subject :
this communication, together with a return of the effective force of our
Militia will be laid before you. They are respectable for numbers, they
are brave ; they iuherit the spirit of their lathers : to preserve this spirit,
they must be well armed and equipped : this cannot be effected without
legislative aid. Our safety and freedom essentially depend on this class

524 Appendix J.

of our fellow citizens. It is our highest interest, as a nation, to engraft
the character of the soldier on the citizen, and to cherish that spirit,
which gave us independence. It will be a sure and cheap defence.

While the horrors of war are again taking place in some of the nations
of Europe, I cannot but congratulate you on the happy state of peace and
tranquility that pervades the United States. A country that steadily
pursues the business of Agriculture, manufactures, commerce and science
and avoids war, except in defence of her just rights, is in the surest way
of national prosperity and improvement. The glory derived from the
increasing population and happiness of a country, is far more eligible
and useful, than any thing, that can be obtained by making war, on any
nation, or being distinguished by the destruction of the human race.

I shall be happy, Gentlemen, to cooperate with you in any measures
that may serve to promote the interest and honor of the state : And I
trust that we shall all bear in mind, that the public business will always
be done to the greatest advantage, when it is done in the exercise of
wisdom, of candor, and of moderation.

Isaac Tichenor.

For the answer of the Assembly to this speech, see Assembly Journal
of 1803, pp. 36,37.

APPENDIX K.

REPLIES OF VERMONT TO THE KENTUCKY AND VIR-
GINIA RESOLUTIONS OF 1798.

The resolutions of Kentucky, adopted Nov. 10 1798, were drawn by
Mr. Jefferson, and the first of the series was in these words:

Resolved, That the several states composing the United States of
America, are not united on the principle of unlimited submission to
their general government; but that by compact under the style and title of
a Constitution for the United States, and of amendments thereto, they
constituted a general government for special purposes, delegated to that
government certain definite powers, reserving, each state to itself, the
residuary mass of right to their own self-government; and, that when-
soever the general government assumes undelegated powers, its acts are
unauthoritative, void, and of no force; that to this compact each state
acceded as a state, and is an integral party; that this government, crea-
ted by this compact, was not made the exclusive or final judge of the
extent of the powers delegated to itself; since that would have made its
discretion, and not the Constitution, the measure of its powers; but, that
as in all other cases of compact among parties having no common judge,
each party has an equal right to judge for itself, as well of infractions as
of the mode and measure of redress.

The1 resolutions then went on to specify several acts of Congress and
constructions of the constitution as infractions of that instrument, and
closed by inviting the several states to "concur in declaring these
void and of no force," and to " unite with this Commonwealth in re-
questing their repeal at the next session of Congress." These resolu-
tions were condemned by several of the States, and on the 14th of No-
vember 1799, Kentucky re-affirmed its doctrine of State-Rights, and in
the following words expressly declared that Nullification was the right-
ful remedy for infractions of the Constitution:

That the several states who formed that instrument being sovereign
and independent, have the unquestionable right to judge of the infrac-
tion; and that a nullification by those sovereignties of all unauthorized
acts done under color of that instrument is the rightful remedy.1

Instead of concurring in the resolutions of Kentucky, the Legislature
of Virginia adopted a series of its own, which were drawn by James

*M. W. Cluskey's Political Text Book, 1859, pp. 276-280, 664.

526 Appendix K.

Madison". These refrained from announcing nullification as "the right-
ful remedy;" but declared that the powers of the general government
resulted from "the compact to which the states are parties;" are "lim-
ited by the plain sense and intention" of the constitution; and that "the
states, who are parties thereto, have the right, and are in duty bound, to
interpose, for arresting the progress of evil, and for maintaining within
their respective limits the authorities, rights, and liberties appertaining
to them."

These resolutions found their final and logical outcome in the secession
of the Southern States in 1861, and the War of the Rebellion. The
legislators of Vermont in 1799 were wiser than they knew; for while
they declared that the Kentucky dogmas would "defeat the grand design
of our Union," they did not forecast the holocausts by fire and sword
which their sons have most bravely met. The replies of Vermont
follow:

In Grand Committee, Oct. 21 1799.

Agreeably to the concurrent resolutions of both branches of the legis-
lature, his Exellency the Governor and Council met the House of Rep-
resentatives in joint committee to take into consideration the Resolutions
of the states of Kentucky and Virginia:1 his Excellency in the Chair,
Richard Whitney Clerk.

On motion, Resolved, That the said Resolutions be read at large; also
that the address of the minority of the House of Representatives of the
state of Virginia against the resolutions of the majority of that House,
be read.

Mr. Udney Hay then proposed to print the resolutions of Kentucky
and Virginia, together with the acts of Congress which were condemned
by them, which was negatived.

On motion, Resolved, That a sub-committee consisting of five mem-
bers, be appointed to take under consideration the said resolutions of
Virginia and Kentucky, and report to this Committee an answer or an-
swers expressive of the sense of the Committee thereon. And a com-
mittee was appointed of Mr. [Daniel] Chipman, Mr. [John W.] Blake,
Mr. [Samuel] Williams, Mr. [Udney] Hay, and Mr. [Councillor Stephen]
Jacob.

Oct. 29. — Mr. [Daniel] Chipman, from the sub-committee appointed to
prepare and report to the Committee a resolution or resolutions, in an-
swer to the said resolutions of the states of Kentucky and Virginia, re-
ported certain resolutions, which were read as followeth, to wit:

The Answer to the Resolutions of the state of Kentucky.

To his Excellency the Governor, the Hon. Council, and General As-
sembly convened in joint committee, your sub-committee to whom was
referred the resolutions of the states of Kentucky and Virginia, beg
leave to report the following answer to the resolutions of the State of
Kentucky.

xThe order of the replies of* Vermont is changed from that in the
Assembly Journal, to correspond with the fact that the resolutions of
Kentucky preceded those of Virginia in point of time.

Appendix K. 527

" To the Legislature of the state of Kentucky.

"We have maturely considered your resolutions of November 10th,
1798. As you invite our opinion, you will not blame us for giving it
without disguise, and with decision. In your first resolution, you ob-
serve, in substance, ' That the states constituted the general govern-
ment, and that each state as party to the compact, has an equal right to
judge for itself as well of infractions of the constitution, as of the mode
and" measure of redress.' This cannot be true. The old confederation,
it is true, was formed by the state Legislatures, but the present consti-
tution of the United States was derived from an higher authority. The
people of the United States formed the federal constitution, and not the
states, or their Legislatures. And although each state is authorized to
propose amendments, yet there is a wide difference between proposing
amendments to the constitution, and assuming, or inviting, a power to
dictate or control the general government.

" In your second resolution, you certainly misconstrue and misapply
an amendment to the Federal Constitution, which, if your construction
be true, does not surely warrant the conclusion that as a state you have
a right to declare any act of the General Government, which you shall
deem unconstitutional, null and void. Indeed, you actually do declare
two acts of the Gongress of the United States null and void. If, as a
state, you have a right to declare two acts of the Congress of the United
States unconstitutional and therefore void, you have an equal right to
declare all their acts unconstitutional. Suppose each Legislature
possess the power you contend for, each state Legislature would
have the right to cause all the acts of Congress to pass in view before
them, and reject or approve at their discretion, and the consequences
would be, that the government of the Union, falsely called General,
migh operate partially in some states, and cease to operate in others.
Would not this defeat the grand design of our Union ?

"In the eighteenth article [sub-division] in the eighth section of the
Constitution of the United States, we read, 'That Congress shall have
power to make all laws which shall be proper for carrying into execution
the Government of the United States.'1 If you enquire, where is our re-
dress, should the Congress of the United States violate the Constitution,
by abusing this power? we point to the right of election, [and] the Ju-
dicial courts of the Union ; and, in a jury of our fellow citizens, we find
the ever watchful and constitutional guard against this supposed evil.

"In your third resolution you again severely reprehend the act of Con-
gress commonly called 'the Sedition bill.' If we possessed the power
you assumed, to censure the acts of the General Government, we could
not consistently construe the Sedition bill unconstitutional ; because our
own constitution guards the freedom of speech and the press in terms as
explicit as that of the United States, yet long before the existence of the
Federal Constitution, we enacted laws which are still in force against se-
dition, inriicting severer penalties than this act of Congress.

"And although the freedom of speech and of the press are declared
unalienable in our bill of rights, yet the railer against the civil magis-
trate, and the blasphemer of his Maker, are exposed to grievous punish-
ment. And no one has been heard to complain that these laws infringe
our state Coustiution. Our state laws also protect the citizen in his
good name : and if the slanderer publish his libel, he is not in a criminal

^he words of the constitution are :

To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by this
Constitution in the Government of the United States, or in any depart-
ment or office thereof.

528 Appendix K.

prosecution indulged, as by the act of Congress, in giving the truth of the
facts as exculpatory evidence. l Thus accustomed to construe our own
Constitution, you will readily conceive that we acquiesce in a similar
construction of the Constitution of the United States.

" In your fourth resolution, you declare the Alien Act to be of no
force, and not law; that Congress have, in passing that law, assumed a
power not delegated by the Constitution, and have thereby deprived the
alien of certain Constitutional rights. We ever considered that the Con-
stitution of the United States was made for the benefit of our own citi-
zens ; we never conjectured that aliens were any party to the federal
compact ; we never knew that aliens had any rights among us, except
what they derived from the law of nations, and rights of hospitality, which
gives them a right to remain in any country while inoffensive — subjects
them to punishment if disobedient, and to be driven away if suspected of
designs injurious to the public welfare.

"The construction of [that clause of] the Constitution which pro-
hibits Congress from passing laws to prevent emigration [" migration or
importation"] until the year 1808, in your fifth resolution, is certainly
erroneous. This clause, we ever apprehended, had for its object Negro
/Slaves; and to give it any other construction would be to infer that Con-
gress, after- the year 1808, would have power to put a capitation tax upon
every alien who should come to reside among us. The idea is too in-
hospitable to be admitted by a free and generous people.

"In your sixth resolution, you allege that the President is vested with
a dangerous power; that, by his simple order, he may remove a suspected
alien. We conceive that the President of the United States, as the
head of the Government, possesses the best means of knowing the em-
issaries of our enemies, and we have the fullest confidence in his using
his power and knowledge for the public good. You say that an alien
has a constitutional right to a trial by jury, to be informed of the nature
and cause of the accusation, to be confronted with the witnesses against
him, and to have a compulsatory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his defence. If an alien
among us commit a crime he may indeed be tried by a jury of the coun-
try, to which he owes local allegiance; but by what law shall a man be
tried by jury for suspicion? If our country were threatened with in-
vasion, a thousand spies might be sent to spy out our weakness, and to
prepare bad men to assist, and weak men to submit to the enemy. Do
not the common principles of self-defence enable a government to arrest
such emissaries and send them from the country, if only suspected of
designs hostile to the public safety ? If not, should some foreign
invader approach our coasts, with a powerful fleet and army, those aliens
would have a constitutional right to a trial by jury.

"In your last resolution, you say, 'That confidence is everywhere the
parent of despotism; free government is founded in jealousy, and not in
confidence.' This is a sentiment palpably erroneous, and hostile to the
social nature of man. The experience of ages evinces the reverse is
true, and that jealousy is the meanest passion of narrow minds, and
tends to despotism ; and that honesty always begets coefidence, while
those, who are dishonest themselves, are most apt to suspect others.

"Resolved, That his Excellency, the Governor, be requested to trans-
mit a copy of the foregoing answer to the Resolutions of the state of

1 By the Vermont Statute now, when the truth of the words charged
as libellous is proved to the satisfaction of the jury, the verdict must be
not guilty.

Appendix K. 529

Kentucky, to the executive of that state, to be communicated to the

Legislature."

ksfrThe foregoing answer to the resolutions of the state of Kentucky was

read and accepted.

The Answer to the Besolutions of the state of Virginia.

To his Excellency the Governor, the Hon. Council, and General As-
sembly, convened in joint committee, your sub-committee, appointed to
report a resolution in answer to the resolutions of the state of Virginia,
beg leave to report the following resolution, to be recommended by this
committee to the Legislature for adoption.

"Besolved, That the . General Assembly of the state of Vermont do
highly disapprove of the resolutions of the state of Virginia, as being
unconstitutional in their nature, and dangerous in their tendency. It
belongs not to State Legislatures to decide on the constitutionality of
laws made by the general government ; this power being exclusively
vested in the Judiciary Courts of the Union.

"That his Excellency the Governor be requested to transmit a copy
of this resolution to the Executive of Virginia, to be communicated to
the General Assembly of that state."

Which report was accepted by the committee.

The answer to Virginia was adopted, 104 to 52 ; and the answer to
Kentucky, 101 to50.x

On the 5th of November, thirty-three of the members of the Assem-
bly, who voted against the answers to Kentucky and Virginia, entered
upon the journals the reasons of their dissent. This document critici-
ses the " answers " in several points, but hardly contests the all impor-
tant principle of constitutional law, on which the efficiency of the gen-
eral government and the very existence of the Union depend. It
claimed for the states a right " to decide " on supposed infractions of the
constitution, and to " communicate their sentiments in the comonm
way;" but when it came to the point of resistance to alleged infractions
of the constitution, they not only saw clearly the dangers of nullifica-
tion and secession, which in later times were the progeny of the Ken-
tucky and Virginia resolutions of 1798, but affirmed the principle upon
which the general government acted under the administration of Pres-
ident Lincoln. The following extract from this paper justifies the
statement:

"Let it not be supposed, that in advocating the power of each state to
decide on the constitutionality of som.e laws of the union, we mean to
extend that right to any laws which do not infringe on the powers re-
served to the states by the twelfth article of the amendments to the con-
stitution.2 We cannot, therefore, be charged with an intent to justify
an opposition, in any manner or form whatever, to the operation of any
act of the union. That we conceive to be rebellion, punishable by the courts
of the United States."

iPrinted Assembly Journal of 1799, pp. 101-104, 107-109.
2 The twelfth of the amendments proposed in 1789, but the tenth of
those adopted.

34

APPENDIX L.

LAST SPEECH OF GOV. THOMAS CHITTENDEN.1

Gentlemen of the Council and Assembly — You are so well knowing to the
manifold favours and blessings bestowed on us, as a people, by the great
ruler of the universe, that it would be unnecessary for me to recapitulate
them. I would therefore only observe, that but a few years since we were
without constitution, law or government, in a state of anarchy and confu-
sion, at war with a potent foreign power, opposed by a powerful neigh-
bouring state, discountenanced by the congress, distressed by internal
dissentions, all our landed property in iminent danger, and without the
means of defence.

Now your eyes behold (he happy day, when we are in the full and
uninterrupted enjoyment of a well regulated government, suited to the
situation and genius of the people, acknowledged by all the powers of
the earth, supported by the congress, at peace with our sister states,
among ourselves and all the world.

Erom whence did these great blessings come ? Erom God. Are they
not worth enjoying ? They surely are. Does it not become us as a peo-
ple, to improve them, that we may have reason to hope they may be con-
tinued to us, and transmitted to posterity ? It certainly does.

What are the most likely measures to be taken by us, as a people, to
obtain this great end ? To be a faithful, virtuous, industrious, and a
moral people.

Does it not become us as the legislature, to take every method in our
power to encourage virtue, industry, morality, religion, and learning ?
I think it does.

Is there any better method that can be taken by us, to answer this
purpose, than by our own example, and having a sacred regard to virtue,
industry, integrity, and morality, in all our appointments of executive
and judicial officers ? This is the day we have appointed to nominate
all our subordinate, executive, and judicial officers, through the state,
for the present year.

The people by their free suffrages, have given us the power, and in us
they have placed their confidence, and to God, to them, and our own
consciences we are accountable.

Suffer me, sir, as a leader, as a father, as a friend and a lover of this
people, and as one whose voice cannot be much longer heard here, to
instruct you in all your appointments, to have regard to none, but those
who maintain a good moral character, men of integrity, and distin-
guished for wisdom and abilities; in doing this you will en courage vir-
tue which is the glory of a people, and discountenance and discourage
vice and profaneness, which is a reproach to any people.

1 Erom the printed Assembly Journal of 1796, p. 28.

ADDITIONS AND CORRECTIONS.

Samuel Mattocks. — Mr. Mattocks, then of Middlebury, declined being
a candidate for re-election as State Treasurer, in a card dated July 28,
1800, for which see Spooner's Vermont Journal of Aug. 19, 1800. He
held that office fourteen years.

Benjamin Swan, of Woodstock, was elected State Treasurer, in joint
committee of both houses, Oct. 11, 1800, by " a large majority of the
votes." — Ante, p. 259. He was re-elected annually by the people until
1833, having received a greater number of elections to a high office than
any other citizen of the State. He was a pure, gentle, and genial man,
trusted and beloved by all who knew him. As the stars have been said
to go, " singing as they shine," so went he about his daily duties, softly
humming through them all, as one at perfect peace with God and man.
On the settlement of his accounts with the State in October, 1833, it was
found that, during the thirty-three years of his service, he had received
$732.25 in counterfeit and uncurrent money, being an average of a little
over $22 per annum, and by a joint resolution he was allowed that sum
to balance the books of the office. At this day such an inconsiderable
loss perhaps would be justly censurable; but in his day it indicated very
great and commendable caution, since the fact was, for many years, that
a very large proportion of the bills and coin in circulation was counter-
feit. Of the criminal cases reported in 1808 from seven counties, there
were sixty-three indictments specified for counterfeiting, or uttering
base money. Out of a large number of cases in which the offence was
not specified, it is probable that many more were for counterfeiting, or
uttering counterfeit money. — See Assembly Journal of 1808, pp. 32 to 41.

Compensation of the Governor and State Treasurer. — In 1801 the salary
of the governor was fixed at $750 per annum, and of the Treasurer at
$400. In 1857, the salary of the governor was increased to the present
sum, $1000; and that of the treasurer to $500. The present salary of
the -treasurer is $1500, and $900 for a clerk.

Vol. i, p. 245. — Joshua Woodward and Samuel Daniels, who were
killed in the fight at Shelburne in 1778, were previously citizens of Pitts-
ford, though Mr. Daniels had removed to Salisbury before the fight.
— See Dr. A. M. Caverly's History of Pittsford, p. 131.

532 Additions and Corrections.

Vol. ii, p. 51.— Doct. Jonathan Arnold died Feb. 1, 1793, instead of
Feb. 2, 1798.

Vol. II, p. 132.— The daughter of Noah Chittenden, referred to in note
3, married Truman Galusha, instead of Gov. Jonas Galusha.

Vol. iv, p. 195, note 1. — Since writing the note referred to, the editor
has found that Joseph Hawkins removed from Vermont to New York,
and in 1797 published, at Philadelphia, a 12mo. volume of 180 pages,
with a frontispiece, entitled as follows:

Slave-Trade. History of a Voyage to the Coast of Africa, and
Travels into the interior of that Country: containing particular descrip-
tions of the Climate and inhabitants, and interesting particulars con-
cerning the Slave-Trade. By Joseph Hawkins, of New York, who has
since become blind, and for whose benefit it is now published by his
friends.

Vol. iv, p. 370. — No account of election-day services in 1803 could be
found when the copy for the page was prepared. It has been found
since that the sermon was preached by Rev. Sylvester Sage.

Corrections in Vol. iv.
P. 28, " Sanders" should be Sanderson, and " Lyon" should be Lynde;
p. 75, " Harrison " should be Harrington; p. 87, " Brush " should be
Bush; p. 108, "Rust" should be Burt; p. 110, note 1, the reference
should be to Appendix L; p. 151, note 1, " Merrill " should be Morrill; p.
181, line 3, read Samuel B. Sheldon, instead of "Samuel C"; p. 223,
"Burr" should be "Burton; pp. 236 and 296, "Burnham" should be
Barnum; p. 260, "Janes" should be Jones; p. 297, "Blake" should be
Baker, and " Crane " should be Train; p. 333, " Miles " should be Wiles;
p. 358, " Walden " should be Morgan; p. 377, "Brown" should be Brown-
son; p. 405, " Nathaniel Callendar " should be Nathan Callendar; and
p. 458, "Elijah Sheldon" should be Elisha Sheldon.

ACKNOWLEDGMENTS AND NOTE.

Acknowledgments are due to Doct. A. M. Caverly of Pittsford
for corrections; to Gov. Ryland Fletcher of Cavendish for genealogy
of the Fletcher family; to widow Elon Galusha of Lockport, N. Y.,
and Dea. George Huntington of Rochester, N. Y., for a portrait of
Gov. Jonas Galusha, which is reserved for the proper place; and to
Chauncey K. Williams, Esq., of Rutland, for a notice of Hon. Sam-
uel Williams.

Note.— The printing of the pamphlets on the origin and causes of
the annexation of New Hampshire towns to Vermont, in 1778 and 1781,
is again postponed with a hope of obtaining the third and last pamphlet.

GENERAL INDEX.

Academies and Grammar Schools,
57, 82, 99, 100, 161-2, 198, 220, 232,
234, 248, 252, 260, 265, 271, 286,
289, 316-17, 320, 356.

Ackley, Joseph, 417.

Act establishing the residence of
the legislature, 16 - see State Cap-
itals; on scruples of Quakers, 18.

Adams, Col. Andrew, 53 ; A. N.,
424; Charles, 229; Jacob, 269, 279,
320.

Adams, Prest. John, 483, 494, 507-8,
510; address of Vt. Assembly to,
492 — reply thereto, 495. — Prest.
John Quincy, 327.

Adams, Gov. Samuel, 74, 426-428.
—Letter of, 427.

Addresses of Yt. Assembly : to
Prest. Washington, 490 — reply
thereto, 491; to Prest. John Ad-
ams,* 492 — reply thereto, 495; to
Prest, Jefferson in 1801 and 1803,
497, 499— replies thereto, 498, 500;
to Hon. Samuel Knight, 437; to
Gov. Tichenor, 506, 509, 512, 514,
518,522,524.

African slave trade, 532.

Aiken, Silas, 68, 69.

Allen, Col. Ebenezer of Burlington,
114, 178, 332, 359, 386; of JNew-
fane, 143, 181, 220, 261. 292, 372 ;
Gen. Ethan, 2, 394; Hon. Heman
of Highgate, 457; Gen. Ira, 6-8,
11, 12, 14, 26, 31, 68, 74. 91, 98,
143-4, 231, 320, 324, 347-8. 352,
428, 446-448, 454, 456-7, 472, 483;
James, 227; John, 58,515; Levi,
9, 15, 25, 35; 458-460; Samuel, 89,
99; Solomon, 312; Capt, Timothy,
469— deposition of, 468 ; Zenas,
332.

Allis, Hon. Elisha, 89, 93, 112, 132,
145, 174, 178, 181, 198, 203, 215-16,
218, 228-30, 234-236, 242, 250, 254,

256-58, 265, 269, 277, 280, 283, 290
-91, 295, 299, 305, 309, 314, 316,
324, 326, 328-9, 332, 339, 342, 346,
358, 370, 398. — Biographical note,
216.

Anderson, James, 294, 299.

Andrews, Capt. "William, 140.

Anthony. John, 175, 180, 202.

Apthorp, Charles Ward, 30, 228.

Archibald, Thomas, 192.

Arms, Jesse, 115; Josiah, 24, 40, 109,
112, 115, 128, 451.

Armstrong. Jonathan, 232, 236-239,
380-81; Joseph, 373.

Arnold, Gen. Benedict, 2 ; Doct.
Jonathan, 1-15, 17. 20, 21, 23-28, 30,
31, 33, 36, 40, 78, 448, 532— Obitu-
ary notice of, 503; Josiah L., 14, 57,
65, 67, 73, 78-9, 86-88; W. C, 123.

Arrest, privileged from, 20.

Ashley, Elisha, 267.

Atbee, or Atlee, Samuel, 32, 33.

Attornev General, 27, 39, 87, 99, 118
-19, 142, 149.

Attornies, admission of, 18.

Atwater, Rev. Jeremiah, 288, 328.

Auditor of accounts against the
State, 12, 79, 156, 159, 227, 304, 353.

Austin, Apollos, 495-6; Elijah, 98.

Averill, Gen. Elisha, 293; Samuel,
14, 32, 40; Thomas, 480.

Avery, John, jr., 427, 430.

Aylesworth, Abel, 71; Silas, 160.

Bacon, John, 72.

Babcock, John, 268.

Badcock, Jesse, 182.

Baker, Lieut. Daniel, 484; Elisha,
68 ; Fanny, 122 ; Jonathan, 108,
115, 145, 150, 296-7, 337, 348, 374,
404, 532; Joseph, 29, 67; Pember-
ton, 122.

Ball, Rev. Heman, 108; Samuel, 90.

Banks, 388-9, 408 ; objections to, 390.

534

General Index.

Barber, Joel, 34.

Bard, Isaac, 112.

Barker, Lemuel, 346.

Barlow, Aaron, 148, 155, 184, 230;
Hubbard, 129, 171, 191, 261, 270
-71; Jabez, 37; Joel, 169.

Barnard, Samuel, 152.

Barnes, Ephraim, 485, 487 ; John,
18; Hezekiah, 180, 221.

Barnum, Samuel, instead of Burn-
ham, 236 and 296; 301.

Barras, Count de, 507.

Barrett, John, 50; Oliver, 45, 53.

Barron, Col. John, 13 ; Micah, 87,
109, 115, 128.

Bartholomew, Timothy, 86, 299.

Barton, Andrew, jr., 34 ; Col. Will-
iam, 343, 352-3.

Batchelder, C. R, 28.

Bates, Jacob of Tunbridge, 418; Jo-
seph, 417.

Battles — Bennington, 41, 88, 106,
109, 215; Germantown, 22; Hub-
bardton,41; Monmouth, 22; Mud
Island, 22; Saratoga, 2, 215; Tren-
ton, 106.

Baxter, William, 113.

Bayley, Frye, 35; Isaac, 306; Hon.
Jacob, 1-4, 6-11, 13-15, 17, 20, 21,
23, 41, 44, 46-7, 50, 51, 53-4, 56, 59,
267, 295; James, 181, 184, 189, 199;
Joshua, 76, 389; Moses L., 322.

Beach, Aaron. 310; Samuel, 78, 81,
92, 295-6.

Beaman Elijah, 279; Joseph. 305;
Joseph, jr., 182, 304, 343, 373.

Bean, Enoch, 72; John, 92, 220, 234,
236.

Beard, Isaac, 147.

Beardsley, Horace, 174, 188, 203, 217,
221, 259, 270.

Beckley, John, 400.

Bedel, Col. Timothy, 90.

Bell, Benjamin, 209; Jonathan, 21,
23-28, 30, 31, 33, 36, 40, 60, 62, 64
-66, 68, 70-72, 82, 105, 107, 124, 136.

Bellamy, Justus, 211.

Bellows, Benj., 8; John, 8; Samuel,
127.

Bemis, Jeremiah, 90.

Benham, Japhet, 422.

Bennet, Elijah, 114.

Benton, Gen. Samuel, 16.

Bessee, John, 281, 285.

Bigelow, Reuben, 409; William, 29,
65, 67, 86-7, 152, 175, 184, 190.

Billings, Doct., 326.

Bingham, Elisha W., 208; Jere-
miah, 112.

Biographical and other notes : Elisha
Allis, 216; Dr. Jonathan Arnold,
503, 532 ; John Bridgman, 216;
Lt. Gov. Paul Brigham, 21, and
portrait fronting the title-page ;
Benjamin Burt, 169; Gen. Will-
iam Chamberlain, 105 ; Noah
Chittenden, 290 ; Gov. Thomas
Chittenden, obituary, 501 ; Gen.
William Eaton, 482; Doct, Asaph
Fletcher, 368; Gov. Jonas Galu-
sha, 41; Joseph Hawkins, 125,532;
Stephen Jacob, 106; Elias Keyes,
368; Beriah Loomis, 290 ; Nehe-
miah Lovewell, 90 ; Cornelius
Lynde, 61; Ebenezer Marvin, 1;
Solomon Miller. 215: Gen. Israel
Morey, 438 ; Gideon Olin, 42 ;
Judge Elijah Paine, senior, 433;
John Powell, 90; Col. Elijah Rob-
inson, 61; Samuel Shepardson,
369; Noah Smith, 168; Abel Spen-
cer, 169; Eliakim Spooner, 290;
Truman Squier, 62 ; Benjamin
Swan, 531; Doct. Timothy Todd,
169; Ebenezer Wheelock, 369 ;
John White, 60; Richard Whit-
ney, 170; Hon. Samuel Williams,
83; Stephen Williams, 327; David
Wing, jr., 445; Doct. James With-
erell. 326; Enoch Woodbridge,
439.

Bishop, Nathaniel, 175.

Bissell, Lieut. Daniel, 484.

Blake, John W., 92-3, 173, 181, 185,
188, 217, 221, 232, 254, 320, 325, 332,
345, 392, 431, 492, 509-10, 526.

Blanchard, Reuben, 185, 209, 217,
230, 339, 341, 356, 361, 375.

Bliss, Abdiel, 261, 273, 291; Timo-
thy, 217, 223.

Blodgett, James, 67, 74.

Blood, Rev. Caleb, 11. 12, 23.

Blye, Oliver, 39, 76.

Boardman, Samuel, 295.

Bostwick, Lemuel, 73. 140, 308.

Bottom Lemuel, 181, 183, 196, 221,
236. 261, 266, 271, 294, 344; Ros-
well, 495.

Boundary of Vermont, northern,
115; boundary line between Ver-
mont and New Hampshire, 36, 72.

Bowne, George, 11, 12.

Boys, or Boyce, William, 412.

Bracey, Nehemiah, 481.

General Index.

535

Bradlev, Gilbert, 107, 115, 261, 268,
297; Lemuel, 69, 125, 197-8, 230,
234; Miles, 73; Reuben, 163; Ste-
phen R., 5, 6, 52, 54, 65, 161, 169,
259-60, 273, 297, 369, 431, 479—
speech of noticed, 5.

Bridgman, Hon. John, 64, 66, 75, 80,
107, 118-19, 215-16, 227-8, 237,
239, 242, 254, 257.— Biographical
note, 216.

Briggs, Asa, 32.

Brigham, Jeremiah, 113; Jonas, 135,
265, 406; Gov. Paul, 1, 10-12, 17,
21-28, 30, 31. 33, 35-6, 40, 41, 44
-46, 48-51, 53-56, 59, 60, 62, 64-66,
68-72, 81-2, 85-88, 93-4, 97, 99,
100, 104-5, 107-8, 115, 118, 123-4,
126-129, 141-2, 146, 149, 153, 157,
167-8, 171-2, 175, 179, 183-4, 186
-7, 193, 196-7, 200, 203, 208, 211-12,
214-15, 217-18, 221, 224, 230, 235,
238, 242, 244-5, 249, 251, 253-4, 256
-7, 260-262, 274. 280, 283, 285, 289
-291, 295, 299, 305, 307, 309-10, 318,
324, 326, 328-9, 354-356, 358, 368,
370-372, 375, 381, 385-388, 391, 394,
398-9, 403-406, 411-12, 418-420,
483 — portrait of, facing the title-
page— Obituary notice, 21.

British troops, surveillance of the
northern frontier by, 1783 to 1796,
245, 454-478.

Brock, Walter, 144.

Brown, Constant, 113; John, 254;
Simeon. 76 ; Timothy, 29, 39, 143-4.

Brownson, Amos, 67; Eli, 34; Gen.
Gideon, 94, 405; Joel, 351, 532 ;
Lieut. John W., 484 ; Col. Timo-
thy, 1-4, 6-11, 13-15, 17, 20, 21, 23
-4,28-31,33,40.

Brush, Crean, 104; Josiah, 68.

Bryant, William, 419.

Buck, Hon. Daniel, 31, 64, 70, 99,
492.

Buckingham, Hon. Jedediah P., 275.

Buckley, Hon. Charles, 265.

Buekminster, William, 346.

Buel. Elias, 294-5, 351.

Bullis, Charles, 127. 150.

Bullock, Darius, 176, 181, 419.

Bump, Salathiel, 268.

Burgoyne, Gen. John, 169.

Burnham, John, 90, 91, 140, 147, 153,
171, 176, 181, 183, 189, 191.

Burrell, Thomas, 71.

Burt, Hon. Benjamin, erroneously
Rust on p. 108; 111, 115, 125-6,

133, 141, 149, 153, 168-9, 171, 184
-5, 201, 203-4, 212, 214, 218, 220,
225, 235-6, 256, 272, 278, 280, 289,
291, 293, 324.— Letter of 224.—
Biographical note. 169.

Burton, Rev. Asa, 11, 12. 85; Eli-
sha, instead of Burr on p. 223;
220, 229, 232, 236, 277; Pierce, 342;
William, 148.

Bush, John, erroneously Brush on
p. 87; 89.

Butler, Benjamin, 465-467 ; Gov.
Ezra, 251, 268, 273, 275, 286, 295,
297, 307, 345, 375-6, 377, 402, 445.

Butterfield, Jonathan, 347.

Cady, Benjamin, 102, 164.

Cahoon, Benjamin, 99; Daniel, 64,
146, 149, 1*81, 198, 239, 261, 277,
292.

Caldwell. Henry, 455-457 — Letter of
456; John, 455, 469; Joseph, 221.

Callendar, Nathan, 405, 419, 532.

Cameron, Daniel, 294-5, 299, 301;
John, 152, 348.

Campbell, Doct. John, 28-9, 64, 67,
69, 71, 91, 93, 118; Samuel, 149,
161, 164.

Canada, Robert, 243.

Canada thistles, 17, 19.

Canal, Lake Champlain to Hudson
river, 1, 26, 57, 111-12, 446, 449-
452. Suggested by Vermonters
in 1790, 447; enabling act for, 452.

Canfield, Nathan, 259, 261.

Canvassing Committee, error of, 41,
46-7.

Capitals, State, see State Capitals.

Carleton, Sir Guy, Lord Dorchester,
15, 108, 120, 454-5, 471-475, 477-8,
485-7.— Letter of 485.— Belliger-
ent speech referred to, 475.

Carpenter, David, 375; Joseph and
William, 72.

Case, Emanuel, 115.

Casson. Thomas, 7.

Castle, Timothy, 113.

Catlin, Moses, 364, 409.

Caverly, Doct A. M., 532.

Censors, see Council of Censors.

Chamberlain, Asahel, 145, 347, 376;
Isaac, 246; James, 174, 182; Jo-
seph, 199; Joshua, 112, 201, 246;
Samuel, 346, 372; Hon. William,
12, 69, 74, 76, 87, 105, 110, 115, 124-
5, 129, 136-138, 141, 143, 148-150,
152-3, 164, 167-8, 171-2, 181-2, 184,

536

General Index.

187, 193, 196, 198, 201, 211, 215,
217-218, 220-21, 224, 230, 232, 234,
237, 240, 242, 254, 256-258, 266,
275, 277-8, 280. 282, 284, 286, 290-
91, 295. 297, 300, 304-5, 308-312,
315, 317, 319, 321, 324, 326, 328-330,
335, 340-41, 344, 349, 351, 355, 359,
366, 438, 445.— Letter of 239. Bi-
ographical note, 105.

Chandler, Col., 22; John W., 146;
Col. Thomas, senior, 32, 102, 246.

Chapin, Luther, 261, 265, ^68, 294,
297, 343.

Chaplains, 3, 18.

Chase, Jonathan, 12, 165 ; Simon,
360,362; S. 332.

Chipman, Hon. Daniel, 97, 171, 174,
178, 184-5, 188-9, 196, 202, 209, 217,
220, 230, 234, 248-250, 252, 259, 267,
269-70. 272. 278, 288, 329, 330, 332
-334, 339-40, 359, 361, 367, 509. 512,
518, 520; Darius, 10, 97, 294-297,

299, 309-10, 320 ; Col. John, 94,
168, 171-2, 210-11, 256-258, 263,
265, 288; Doet. Lemuel, 5, 29, 33,
35; Hon. Nathaniel, 5, 28, 51, 78,
96, 110-11, 117, 142, 144, 441.

Chittenden, Rev. Bethuel,12; Gilos,
377; Gov. Martin, 39, 60, 63-4,76,
86-8, 93, 143, 145-147, 150, 159, 162,
330, 334, 341-343. 346-7 ; Mary,
42; Hon. Noah, 30, 112, 290-9*1,

300, 304, 308-310, 324, 326, 328-9,
332, 336, 359. 368, 370-372, 375,
380, 383, 390, 398-9, 403, 405-6, 408,
412, 416, 420, 532— Biographical
note, 290. Thomas, son of Noah,
290.

Chittenden. Gov. Thomas, 1-11, 13
-15, 17, 21-28, 30-35, 39-42, 44-51,
53-4, 56, 60, 63-66, 68, 70, 72, 79,
80, 83-85, 88, 98-9, 104-5, 107-8, 110,
124, 320, 428, 454-459, 463, 467-8,
471-2, 474, 476-478, 482-3, 486.—
Letters of 440, 441, 458-460, 476.—
Last Speech to the General As-
sembly, 530. — Last Address to the
freemen of Vermont, 442 — Obit-
uary notice of, 501.

Church, Timothy, 89, 101.

Churchill, Joseph, 200, 210.

Claghorn, Eleazer, 109, 145; Lieut.
Col. James, 28, 81, 405.

Clapp, Joshua, 341, 361.

Clark, David, 346; Elisha, 12, 79, 91,
159 ; Hope, 318 ; Gen. Isaac, 33,
39, 40, 141, 146, 151-2, 171; John,

146 ; Joseph, 297, 354 ; Stephen,

Clarke, Lt. Gov. Alured, 25, 454, 458,
460, 468, 471— Letter of 460; Az-
ariah L., see Loomis, Azariah.

Clements, Timothy, 174, 207, 384-5.

Cleveland, Stephen, 259, 299, 332.

Clinton, Gov. George, 133.

Cobb, Ebenezer, 120; Elkanah, 67;
Gideon D., 120; Samuel, 231.

Coburn, Benjamin, 480.

Cochran, Robert, 340.

Cogswell, Gen. Eli, 24, 49, 144, 174,
176, 179, 221, 234, 252, 483, 510.

Coit, William. 69, 74, 115-16.

Colburn, Abia, 113.

Cole, Matthew, 86.

Collins, Aaron C, 93; Collins, 481;
Collins and Valentine, 115-16.

Colton, Julius, 320.

Columbia college, 501.

Commissioners on expenses of Vt.
in the revolutionary war, 10-12;
on the boundary line of Vt. and
N. H., 36, 72.

Common and statute law of Eng-
land, 120.

Compensation of Governor, and
Treasurer, 20, 39, 80, 82, 99, 531;
of legislature, &c., 100, 101.

Conant, Stephen, 278-9, 322, 340.

Confiscated estates, claims for, 33-
4, 70; order for confiscation, 102.

Connecticut river, navigation of, 6,
7, 12, 16, 26, 45, 53, 88, 93, 96, 98,
113, 131, 142, 208, 346, 352, 355,
377-8, 393, 446, 448, 452-3.

Conroy, Patrick, 462-470.

Constitution, Federal, amendments
of: first ten, 426; eleventh, 426 —
case in Vt. excluded by, 428;
proposed, on eligibility of Presi-
dent, &c, 429; twelfth amend-
ment, 431; proposed, for elections
of Presidential electors and rep-
resentatives in Congress by dis-
tricts, 432.

Constitution of Vt. supreme, 118.

Converse, Israel, 97. 199.

Cook, Daniel, 270; Joseph, 184.

Cowley, Benjamin, 275.

Corbin, Royal, 473-4.— Letter of
473.

Corse, Ebenezer, 354.

Council of Censors, address of to the
General Assembly, 46.

Cottrill, Mahlon, 89.

G-emeral Index.

537

Counties: Addison, 6, 13, 19, 34, 44,
58, 95, 97, 114, 212-13, 284-5; 290;
Bennington, 6, 9, 41-2, 44, 60, 62,
97, 99, ll69, 279, 425; Caledonia,
15. 33, 3G, 94, 90, 99, 100. 106, 117,
123, 163; Chittenden, 2, 6. 20, 24-
5, 32-3, 36-7, 44, 59, 60, 97-99, 215,
290; Essex, 15, 33, 36, 117, 141,
178-180, 1S2. 280, 304,320. 381. 401,
404-5; Franklin, 2, 33, 36, 61, 123,
161, 163, 235, 281, 300, 303; Grand
Isle, 73, 112, 117, 230, 294, 345,
360, 472; Orange, 15, 32-3, 36, 44,
61, 93, 97-99, 101, 117, 119, 216,
290, 300, 316, 357. 438; Orleans,
15, 33, 36, 55, 240, 241, 244, 270, 287,
304, 417; Kutland, 2, 6, 18. 29, 31,
34, 37, 44, 83, 97, 169, 213, 273, 284-
5, 287, 327, 392; Windham, 6, 9,
11, 13, 32. 39, 44. 97, 115, 170, 200,
213, 216, 236, 245, 280, 283, 317,
320,343; Windsor, 11, 18, 19,22,
32, 44, 57-8, 61, 66-7, 74, 81-2, 97,
99, 106, 119, 130, 161, 358, 368-9,
397, 441; York proposed, 36.

Coy, Eddy, 113.

Cozine, John, 40, 133.

Crafts, Col. Ebenezer, 58-9; Royal,
113; Gov. Samuel C, 109, 115,
174, 217, 259, 268, 270, 292, 297,
308, 374, 376.

Craige, Thomas, 113.

Cram, David, 282.

Cramer, John, 32.

Craw, or Crow, Seth, 27, 146.

Crawford, William, 313.

Crosby, Jared and Silas, 158.

Cross, Daniel, 120.

Cruttenden, Timothy, 373, 406.

Culver. Francis, 68.

Curtis, Ebenezer, 228, 246; Elias,
261, 265, 269; Solomon. 310, 322,
324; Gen. Zebina, 50. 108-9, 111
-12, 115, 128, 142, 146-48, 175, 181,
184, 189, 200, 202, 209, 217, 220-21,
228-9, 240, 483.

Cutler, Samuel, 12, 88, 91, 97, 107,
141, 143-145, 171, 217, 228, 261,
269, 509.

Dana, Hon. Daniel, 294-5, 297, 307
-8,339,347,349,361,375; George,
261; Hon. John W., 29, 296.

Danforth, Jonathan, 174, 181, 189,
209, 221, 236.

Daniels, Capt. Nathan, 37; Samuel,
531.

35

Dartmouth College, 229.

Davis, David, 250; Francis, 217, 220,
249, 339, 347; Col. Jacob, 29, 45.
66-7, 75, S8-90, 93, 108-9, 126, 272;
Martha, 250; Gen. Parley, 221,
227. 229, 255, 341, 349, 356, 359;
Thomas, 89.

Davison, Paul, 118; Thomas, 360.

De Bell, Joel, 481.

De Chambault, Capt., 459, 463, 465
-6, 468-9.

De Forrest, Mills, 181, 297, 373.

Delano, Nathan, 123.

Delaware, 479.

Denison, James, 52, 54; William, 6,
27, 29, 86, 448.

Depositions on British interference
at Alburgh, &c. — of Timothy Al-
Allen, 468; Benjamin Butler, 466;
Rev. Reuben Garlick, 469; Na-
than Ilutchins, jr., 466; Benjamin
Marvin, 467, 469; Roswell Mills,
474; Samuel D. Searle, 473; Jacob
Smith of South Hero, 469 ; Enos
Wood, 465; Michael Yeomans,
462.

Dewey, Elijah, 107, 111-12, 115, 119,
278, 451.

Dickerman, Lemuel, 376, 387.

Dickey, Adam, 81.

Dickinson, Samuel, 115, 128.

Dimick, Benjamin, 200, 210.

Dodge, Nathaniel Brown, 294, 323.

Downer, Abraham, 9.

Doolittle, Ephraim, 52 ; Joel, and
John, 50.

Dorrand, Richard, 281.

Douglas, Bennjah, 373; Nathaniel,
jr., 393; William, 178.

Drew, Ezra, 345.

Duelling forbidden, 319, 323, 325.

Dunbar, David, 260, 294-5, 330, 346-7.

Duncan, George, 303 ; Jason, 184,
209, 220, 229, 395; John, 350; Will-
iam, 160.

Dunham, Josiah, 375.

Dunn, Judge, 463.

Durfey, Ebenezer, and Jedediah,
358, 360, 362, 381.

Durkee, Andrew, 191-2; Joseph, 27.

Dwight, Joseph, 337.

Eager, Zerubabel, 232-3.

Eastman, Samuel, 360, 362.

Eaton, Doct., 241; Gen. William, 26,

448, 479-4S2— Letters of, 480—

Notice of, 482.

538

General Index.

Eddy, Isaac, 395.
Eden, Josiah, 97.
Edson, Josiah, 27, 108, 110, 118, 199,

290-91, 297, 302, 324-5.
Eggleston, Jonathan, 239, 241.
Elderkin, Joshua. 90.
Eldridge, Humphrey, 411-12.
Election day, notices of, 3, 20, 23,

58,63,85,107,165,217.
Election sermon, preachers of, 3,

23, 63, 85, 107, 139, 171, 217, 291,

328, 532.
Electors, Presidential, 17, 35, 119,

278
El kins. David, 259; Jonathan, 295-

6, 307, 310.
Elliot, Aaron, 299, 303, 363; Hon.

James, 293, 400.
Ellis, Charles, jr., 380, 383.
Ellsworth, Amos, 302, 304; John,

234, 270, 287, 295, 300, 301.
Emmons, Hon. Benjamin, 12. 27,

45, 76, 108, 271. 297, 336, 343,' 346-

7, 365, 37,3-375, 405, 408; Benjamin

jr., 304, 353, 356, 396.
Enabling act of 1796, for a canal,

452.
Engleshy, Ebenezer T., 364, 409.
Eno, William, 265.
Enos, Gen. Koger, 6, 11, 12, 15, 17,

111, 119, 145, 147, 149, 243, 435,

448,.— Letter of 435.
Erwin, Gen. David, 144, 293.
Evans, William, 67, 72.
Extradition of fugitives from justice,

108, 119, 219-20, 485-489.— Form

of warrant for, 488.

Eairchild, Sherman, 281.

Farewell, David, 332.

Farnsworth, Hon. Joseph D., 292,
295, 336, 344, 348, 358.

Farr, Salmon, 10.

Farrand, Hon. Daniel, 26, 34-5, 45,
55, 97, 107, 112, 115, 118-19, 126,
171, 339, 341, 345, 349, 450-51, 458,
487, 490, 492, 494.

Farrington, Daniel, 189, 201-203.

Fassett, Benjamin, 127; Elias, 419;
Hon. John jr., 1, 3, 8, 21, 23-30,
32-3, 36, 40, 41, 44-51, 53-56, 59, 60,
64, 139, 140, 142, 145-6, 149, 290;
Jonathan of Pittsford, 39, 153, 184.
206-7.

Fay, John, 60, 62, 64-66, 68, 70, 71,
82, 189, 243; Maj. Joseph, 1-11,
13-15, 17, 20, 21/23-28, 30-33, 36,

40, 41, 44-51, 53-56, 59, 60, 62, 64
-66, 68, 70, 71.

Fellows, Ezra, 50, 51, 53.

Ferguson, John. 90, 297, 465.

Ferris, Peter, 286.

Fessenden, Thomas Green, 169.

Field, Abner, 29.

Finney, see Phinney.

Fisher, Amos, 112, 115.

Fisk, Hon. James, 268, 270, 273, 275,
287, 296-7, 333, 339, 343, 348-9, 373,
375, 407-8, 419; Jonathan, 32, 182,
229, 234, 259, 292, 294, 356, 361 ;
Nathan, 303; Stephen, 97, 199.

Fitch, James, 348; Thomas W., 227.

Flagg, Doct,, 241 : John, jr., 478 ;
Theophilus, 268, 270, 294.

Fletcher, Doct. Alpheus, 369; Hon.
Asaph, 28-9, 368, 371, 374, 382,
389, 391, 398, 400, 401, 403, 406-7,
412, 414-416, 418, 420— Biograph-
ical note, 368. Gen. Asaph, jr.,
and Rev. Horace, 369; Jesse, 193;
Josiah, 112 ; Hon. Richard, 369;
Robert, 368 ; Gov. Ryland, 369,
532; Hon. Samuel, 92, 368, 370-71,
398, 493.

Florida, 482.

Flynn, Michael, 112, 115.

Focault, Francis, 455-6.

Follett. Benjamin, 162, 205.

Foot, Elijah, 87; Nathan, senior, 277.

Forbes, Gen. Abner, 250.

Ford, Seth, 146.

Forsyth, Rev. William, 217.

Forts: Defiance, (Ohio,) 480; Green-
ville, 480-81; Miflin, 22; Picker-
ing, 482; Randolph, (Ohio,) and
Recovery, 481; Stan wix, 475; Ti-
conderoga, 2, 83.

Foster, Rev. Dan, 12; Israel, 145;
Jabez, 110, 132; Joel, 161, 163;
John, 113, 129, 133, 237; Gen.
Joseph, 353.

Fowler, Jacob, 199.

France, king of, 455.

Francis, Simeon, 67.

Frazer, 57; Alexander, 89; James,
89, 146; John, 69.

Franklin, Dr. Benjamin, 501 ; Frank-
lin, Robinson & Co.. 405.

Freeman, James C, 485, 487.

French, James, 70; Jeremiah, 127;
Haines, 336, 339, 356.

Fuller, Elisha, 294; Gen. John, 97;
William, 295.

Fullington, Edward, 114, 117.

General Index.

539

Fulton, Robert, his steamboat ante-
dated in Vermont, 438.

Gage, Isaac, 47, 72.

Gale, Samuel, 104.

Gallatin, Hon. Albert, 429, 430.

Gallup, Oliver, 65, 69, 75, 87, 93,
101, 107, 111-13, 118-19, 178, 185,
198, 200, 267,270, 286,451; Perez,
74; William, 28, 59.

Galusha, Elon, 42, 532; Jacob, 375,
419 ; Gov. Jonas, 12, 41, 44, 48
-52, 55-6, 58-60, 62, 64, 66, 68-72,
82-3, 85-6, 91, 95, 104-5, 107-9, 111-
12, 124, 126, 133, 136-138. 141, 145-
147, 167-8, 171-2, 174, 187-8, 191,
202, 211-12, 214, 217, 254, 256, 258-
9, 267, 274-277, 280, 283-285, 287,
291, 294, 297, 302, 304-5, 307, 309,
313-318, 321, 324, 326, 340, 345,
348-350, 353, 355-6, 360, 364-5, 368,
370-372, 374-5, 378-386, 388, 393-4,
396, 398-9, 401, 403, 407-409, 411-
12, 415-417, 420-21— Biographical
note, 41. Hannah, 290; Truman,
290, 532.

Gannett, Caleb, 344.

Garland, John, 280, 284.

Garlick, Rev. Reuben, deposition
of, 469.

Gates, Paul, 135.

Gerrv, Hon. Elbridge, 507.

Giffin, or Griffin, Joel, 237, 284.

Gilbert, Nathan, 37.

Gill, Lt. Gov. Moses, letter of, 219.

Gilliland, William, 446-7.

Gilman, Joseph, 182.

Gilson, Peter, 219, 225-6, 488.

Glebes, &c, 28, 35, 69, 75, 80, 81, 91,
111, 245, 247-8. 251-2, 356, 374, 390.

Goodell, Ezra, 234, 297.

Goodrich, Charles, 27, 29, 49, 265,
306; Hezekiah,375; William, 150,
334, 364.

Gordon, George, 376; Peter, 481.

Gorham, Isaac, 50, 51, 53.

Goss, William, 269.

Gould, Ebenezer, 422; Thomas, 97.

Governor and Council, special ses-
sion of, June 21, 1794, 64-5, 482-3.

Governor's Speeches: Gov. Thomas
Chittenden's last to the General
Assembly, 530 ; Gov. Tichenor's,
Oct. 1797, 500; Oct. 1798, 506—
answer to, 509; March. 1799, 212;
Oct. 1799, 510— answer to, 512 ;
on the death of John Gregg, Oct.

19, 1799, 514— answer to, 514; Oct.

1800, 516; Oct. 1801, 518; Oct.

1802, 520; Oct. 1803,522.
Graham, Col. John A., 93, 98, 327.
Grand list of Vermont, 1799, 245.
Grandy, Edmund, 113.
Grant, Major, and widow of, 465.
Grapes, Philip, 221.
Great Britain, king of, treaty of

1783 with, 455.
Gregg, or Griggs, John, death of,

227, 231, 241, 514.
Green, Amasa, 332.
Greene, Doct. Benjamin, 29, 34;

Jonathan, 76.
Greenleaf, James, 122, 191.
Griffin, Joel, see Giffin.
Griswold, Nathaniel, 363; Hon. Wil-
liam A., 301.
Grout. Hilkiah, 157.
Grover, Benoni, 56.
Grow, Asa, 261.
Gurley, Rev. Ebenezer, 17; Royal,

and William, 9, 17.
Gustin, Elisha, 10.

Hager, Simeon, 146, 162-164.

Haldimand, Gen. Frederick, 455.

Hale, Jona., 376; Sherburne, 88, 91.

Hall, Enoch, 120; Henry S., and
Gardner C, 385; Hiland of Corn-
wall, 113; Hon. Lott, 16, 29. 35,
68-9, 91, 108. 143, 263, 437; Gun.
Prince B., 395; William, 313.

Hamilton, Hon. Alexander, 454; Jo-
el, 123.

Hammond, Elijah, 279, 372; George,
British Minister, 65, 454, 462, 474-
5— Letters o/, 461-2,475. Thomas,
67, 221, 261, 265. 295, 310, 320, 324,
330-31, 333, 336, 339, 347, 349.

Hancock, Gov. John, 52, 426-7.

Hanks, Levi, 261.

Hard, Stephen, 91, 177, 191; Zadock,
71, 197, 235, 241, 252.

Harrington, Allen, 52; Benjamin,
65, 292, 295, 297; Damans, 155;
George D., 419; Nathan, 45; Ste-
phen, 52; Hon. Theophilus, 191,
203, 220, 234, 237, 251, 267, 269,
273, 294-5, 297, 313, 320, 324, 330-
31, 333, 336, 339, 342-3, 346-349,
358, 372-3, 392; Hon. William C,
erroneously Harrison on p. 75 —
24, 75, 86-7, 91. 97, 185, 188, 191,
196, 202, 292, 329, 336, 339, 366,
419, 494, 532.

540

General Index.

Harvard college, 61, 434.

Harvey, Alexander, 24, 28, 35, 66,

75, 330, 336, 343, 405.
Hastings, Timothy, 227.
Haswefl, Anthony, 28. 33, 99, 372.
Hatch, Hon. Reuben, 88-9, 146, 151,

171, 175, 178. 181, 185, 188-9. 202,

220, 294-5, 299, 308. 310. 313.'
Hathaway, Silas, 64-5, 112, 178, 188,

198, 203, 225, 231-2, 234-5, 266, 344,

347, 355.— Letter of 235.
Hawkins, Amy, and Charles, 326;

Charles, jr., 276; John. 184, 265;

Joseph, 184, 194-196— notes on,

195, 532.
Hawley, Abner, 210-11; James, 182.
Hay, Israel, 190-91; Udney, 122, 171,

183, 185, 197, 2C3, 220, 224, 230,

244, 257, 259, 277-8, 292, 299, 332,

334-5, 339. 344. 348-9, 356, 361, 374-

5, 408, 411, 417, 492, 494, 510, 512-

514, 526.
Hayes, Allen, 250.
Haynes, Jonathan, 88.
Hay ward, Nahor, 195.
Hazeltine, Dect. John, 8, 90, 93;

William, 88, 109, 114.
Heald, Daniel, 89, 90, 145. 254.
Heaton, Moses, 182, 313, 315.
Hendee, Caleb jr., 405, 408.
Henry, Benjamin, 45-47, 108, 115.

221>23, 268, 270, 295, 307; Wil-
liam. 7.
Hicks, Whitehead, 28.
Hicock, Samuel. 364, 367, 409.
Hill, John, 69, 75.
Hinman, Hon. Timothy, 182, 225,

261, 265, 270, 294-296, 310, 336, 339,

347, 349, 372, 407, 418.
Hitchcock, lion. Samuel, 4, 6, 11,

12, 16, 35, 45, 160, 362, 450, 462.—

Letter of 442.
Hodgeman, Capt.. 3, 85.
Hog, William, [William Hall,] 313.
Holabird, Timothy, 113.
Holbrook, John, 115, 128, 135.
Holley, Robert, 175, 307.
Hollister, Elijah S., 32.
Holmes, Benjamin, 145, 308, 375,

405; Stephen, 351.
Holton, Jonathan, 48, 49.
Honsinger, Michael, 462.
Hopkins, Nehemiah, jr., 47. 49 :

Dock Roswell, 4, 46 7. 65, 68, 139i

229, 278— letters of 442, 444.
Horton, Abel, 190, 265; Hiram, 108,

132, 134, 213, 236.

House, Gen. Levi, 152, 329, 339, 341,
349, 356, 358. 415; Stephen, 363.

Howe, Nehemiah. 379; William, 71.

Hoyt, Ezra, 142, 151, 181, 191, 198.

Hubbard, Elisha, 29; John, 47; Jo-
seph, 9; Josinh, 249 ; Lucius, 137
-139, 141,167; Samuel, 180, 190,
202, 223, 27.

Hulbert, Elijah, 144; Ebenezer, 113.

Hunt, Gen/ Arad. 6. 24, 27, 33. 86,
92, 143, 178. 183, 188-9, 193, 198,
202, 221, 234, 259, 268, 295, 299,
405, 448; Hon. Jonathan, 15, 17,
20, 21, 23, 41, 44-51, 53-4, 56, 58
-60, 62, 64-66, 68, 70, 72-3, 82-3,
85, 87. 93, 98. 104, 107, 123, 278,
310, 333. 343-4, 347- letter of 440.

Hunter, William, 86.

Huntington, Cant. Amos, 41; D.
332; Dea. George, 532; Theophi-
lus, 330.

Huntley, Richard H., 270.

Hurd, Richard, 176, 188, 200.

Hutching, or Hutchinson, Aaron,
88.

Hutchins, Nathan, 146-7, 458; Capt.
Nathan jr., 465-467- deposition of,
466.

Hyde, Ensign Charles, 479, 480;
James, 146, 344, 348: Jedediah,
149, 274; Joshua, 67, 93.

Indians. Creek, 482; Joe and Molly,
36, 205, 311; Northwestern, claim
of the territory to the Ohio river,
475; Seven Nations of Canada,
claim to land in Vermont, 185-6,
205, 207, 244.

Ingram, [or Ingraham,] Robert, and
Sarah, 383.

Insolvency constitutionality of acts
of, 29, 57, 175, 179.

Internal Improvements, 446-453;
enabling act for, in 1796, 452.

Isham, Joshua, 372, 374, 406.

Ives, Lent, 372.

Jackson, Abraham, 188.

Jacob, Hon. Stephen, 20, 66, 101,
105, 108, 110-12, 117, 119, 121, 124
-5, 128, 130, 132, 135-139, 141-144,
149-50, 156, 165-168, 171-173, 177,
180, 185, 187-8, 204, 207, 211-12,
214-15, 217-18, 220-21, 225, 230, 232,
240-243, 246-25 L, 254, 256-260, 262
-3, 267, 275-278, 280-283, 287-291
293, 300, 302, 324, 337, 380, 436-7'

General Index.

541

439, 487-8, 492. 526. — Note on,
106.

fanes, Jonathan, 225-6, 229, 294-296,
334. 344, 346, 372, 374, 376.

Jay, Hon. John, 40, 133, 183, 471,
477, 478.— Letter of] 477.

Jefferson, Prest. Thomas, 25, 326,
423, 454, 458, 463-4, 471, 521.— Let-
ters of 461, 463, 498, 500.

Jenness, see Genness.

Jewett, Daniel, 145, 174, 193, 261,
268, 277, 377; Samuel, 145, 236,
270.

Johnson, David, 160, 313; Rev. Dr.
Samuel, and Hon. Dr. Samuel,
501; Col. Thomas, 87-8, 91, 139,
143-4, 146-7, 149, 152, 217, 221, 230,
232, 235, 260; William, 334, 343.

Jones, Elias, 310; Jabez, 209, 243,
251, 260, 334, 354, 532 ; Joseph,
421; Doct. Reuben, 10.

Judd, Ebenezer W., 141.

Judicial elections, political, 179.

Kasson. see Casson.

Keeler,Seth, 34, 39.

Kellogg, Gen. Amos, 373; Enos, 295.

Kellum, Samuel, 337.

Kelley, John, 20, 36, 92.

Kennan, George, 251.

Kent, Rev. Dan, 107.

Kentuckv resolutions of 1798, 228,
231, 233, 240, 242, 248, 512-13, 525
-6; reply of Vermont to, 527-529.

Keyes, Hon. Elias, 91, 174, 180, 220,
229, 234, 265, 268, 270, 277, 295,
308, 310, 334, 336, 340, 349, 368,
371, 374, 376, 383-4, 387-8, 392, 398
-9, 405, 407-8, 412, 415, 420— note
on, 368; Elnathan, 139, 141. 144,
150, 152, 161, 217, 222. 232, 234-5,
245, 261, 265-6, 270, 277, 288, 296.
313, 319.

Kibby, Gaius, 346.

Kidder, Oliver, 154.

King, Asa, 267 ; Daniel, 102, 110,
116.

Kingsbury, Daniel, 261, 268.

Kinsley, Martin, and Polly, 7; Ste-
phen, 234.

Kitchell, Phineas, 373, 403, 419.

Knapp, Abel, 342.

Kneeland, Joseph, 374.

Knickerbacor, John, 68.

Knight, Horatio, 343, 350 ; Hon.
Samuel, 6, 7, 28, 47-8, 70, 77, 139
-40, 143, 146, 148-9, 164, 437-8—

letters of 433, 437; address of As-
sembly to, 437; grant of land to,
438.

Knoulton, Calvin, 29, 92-3, 111, 320,
325, 392. Hon. Luke, 1-14, 20, 21,
23-32, 40, 41, 44-51. 53-4, 56, 59, 60,
62, 64-66, 68, 70-74, 80, 82-3, 85-6,
90, 104-5, 107, 112, 115, 123-125,
134, 136-139, 141, 145-147, 149-50,
152, 156, 161, 167-8, 171-2, 175, 178,
187, 189, 211-215, 217-218, 220, 224,
235-6, 242, 244, 249, 254, 256-258,
268-272, 445, 451— letter of 270.
Robert, 98, 115.

Knox, Gen. Henry, letter of, 477.

Knovvles, David, 126.

Ladd, Amos, 393.

Lafayette, Marquis de, 434.

Lambert, Rev. Nathaniel, 291.

Lamed, Simon, 219, 488.

Larrabee, John S., 243, 249, 403;
William H., 261, 297.

Lathrop, Adgate, 275; Samuel, 86,
89, 91, 145-6, 149.

Law, John, 297, 344, 466, 468.

Law-suits, regulation of, 184.

Leach, Joseph, 39.

Learned, Sylvester, 200.

Leavenworth, Jesse, 171, 180-81,
183, 188-9, 191, 202, 267, 295; Na-
than, 235, 249.

Lee, David, 29; Col. Noah, 64, 67,
71, 75, 88, 95.

Leet, Asahel, 89, 99.

Leland, Lt. Gov. Aaron. 294, 297,
332, 345, 348, 356, 372, 375, 404,
409.

Leonard, Capt., 85.

Leverett, Thomas, 3, 222, 245.

Lewis, Jonathan, 113.

Library, Societies, 120, 238, 283-4,
444.

Linsley, Joel, 64, 67, 69, 86, 91, 97,
108-9, 111-12. 146, 149, 152, 220,
229-30, 236, 239, 295, 297, 319, 333,
336-7, 342, 345-347, 349, 351, 361.

Liston, Hon. R., British Minister,
485.— Letter of 486.

Lock, James, jr., 57.

Lonson, John, 481.

Loomis, Azariah, 92 — in the Assem-
bly journal Azariah Loomis Clark.

Loomis, Hon. Beriah, 24, 290, 294,
296, 302, 309, 312, 317, 324, 326,
328-9, 339, 343, 346-7. 349, 354, 368,
370-71, 373, 386-7, 389, 393-4, 398

542

General Index.

-9, 401, 403, 405-6, 412, 415, 417-18,
420, 422 — note on, 290. Col.
Gustavus, and Hou. Jedutbun,
290.

Lord, John, 32; Joseph, 150, 294.

Lotteries, 7, 9, 14, 18, 19, 25, 29-31,
33, 36, 38-9, 45, 48, 50, 53, 65-71,
73, 81, 98-9, 108-9, 113-14, 121-22,
124-5, 129, 133-4, 145, 164, 194, 241,
268, 275, 278-9, 281-2, 285, 287, 307,
340, 350, 380, 382-384, 400, 402, 409.
413.

Lovewell, Capt. Nehemiah, 90.

Lovell, Capt. Timothy, 104.

Lucas, James, 181, 282.

Luce, Elihu, 377.

Lull, Lieut. Jesse, 484.

Lyman, Elisha, 422; John, 19.

Lynde, Hon. Cornelius, instead of
Lyon, on pp. 28, 29; 11, 35, 60, 61,
64-66, 68, 72, 82-3, 85-6, 94, 101,
104-5, 107-8, 124-5, 129, 136-138,
141, 145, 147, 149, 150-51, 159. 162,
164-5, 167-8, 171-2, 179, 183, 187-8,
200, 202, 211, 214, 224, 484, 532.—
Note on, 61.

Lyon, Hon. and Rev. Asa, 221, 224,
244, 254, 261, 264, 267, 297, 332,
334, 336, 344, 346, 512, 514; James,
145; Hon. Matthew, 5, 6, 45, 65,
86-88, 91, 94-5, 97, 112, 118-19, 202,
424, 448, 450-51, 487, 492, 495—
ovation to on his release from
prison, 495.

McAll, John, 477.
McClellan, Robert, 444.
McClure, Samuel, 271.
McConnell, John, 229.
McCumber, John, 405.
McDanela, John, 193.
McDaniels, John, 227.
McDougall, Gen. Alexander, 22.
McGaffey, Andrew, 175, 272.
Mack, Joseph, 101.
McKee, Col., 478.
McLaughlin, Henry, 146 ; James,

97.
McNeil, Charles, 415 ; John, 406,

412, 415.
Madison, Prest. James, 423, 507,

525-6.
Manley, Nathan, 161, 222.
Manufactures, encouragement of,

27, 45; of iron and nails, 38.
Marks, Joseph, 146, 163.
Marsh, Hon. Amos; 115, 118-19. 139

-141, 148, 153, 163, 173, 175, 180-81,
184, 208-9, 217-18, 308, 362, 370
-375, 377, 381, 487, 490, 492, 494,
498, 506, 514; Hon. Charles, 268;
Daniel, 13, 14, 17, 29, 35; Col. Joel,
24, 235, 261, 408; Hon. Joseph, 11,
110 -letter of, 441; William, 297;
William B., 184.

Martin, Cyrus, 332.

Martindale, Col. Stephen, 308, 330,
361.

Marvin, Benjamin, 71, 89, 140, 454,
458, 462, 464, 467-470— depositions
of, 467, 469; Hon. Ebenezcr, 1-15,
17, 20-31, 33, 36, 40, 41, 44-46, 48
-60, 64-68, 70-72, 75, 82-3, 85, 91-2,
94, 104-5, 107, 115, 123-125, 132,
136-138, 141-2, 146, 148-150, 153,
167-8, 171-173, 178, 181, 186-188,
202, 208-9, 211, 215, 217-18, 220,
228, 237, 241-243, 254, 256-258, 261,
268, 274, 280, 290-91, 294, 297, 300,
305-307, 309, 313-14, 324, 328, 450,
469, 470-71 — note on, 1 — report
of, on the organization of Alburgh
and the interference of British
troops, 470; Elnathan, 48, 52-54;
Tst*?jp1 '*>4-

Maryland, 306, 323, 432, 479.

Mason, Hon. Stevens T., of Vir-
ginia, 496.

Massachusetts, 52-3, 72, 172, 219, 223,
225-6, 368, 426-429, 508.

Mather, Elihu, 68.

Matthews, Jonas, 332, 353.

Mattocks, Gov. John, 444 ; Hon.
Samuel, 3, 5. 20, 23, 28, 32, 40, 44,
51, 64, 76, 78, 80, 85, 96, 99, 101,
107, 117, 138, 144, 172, 218, 238,
287, 316, 441, 444, 531.

Maxfield, Daniel, 122.

Maxwell, William, 148.

May, Ezekiel, 184.

Mead, Capt,, 107; Timothy, jr., 135.

Mellen, John, 333, 344.

Merrill, Amos, jr., 310.

Michigan, 327.

Middlebury college, 279, 328, 350,
362.

Miles, Abner, 112-13. 119; Reuben,
242; Timothy, 67-8.

Military, 13, 15-17, 24, 29, 48-9, 52,
64, 69, 77-8, 86, 92, 94, 114, 143, 151,
166, 197, 201, 205, 207, 221, 224,
226-7, 233-235, 237, 239, 240, 242,
248, 253-4, 293, 295, 308, 310-12,
320, 330-31, 339-341, 348, 350, 353

G-eneral Index.

543

-4, 357, 365, 372, 376, 387, 395, 410,
413, 416, 472, 474, 478-484. State
pay to, 76.

Military contributions of Vt. in the
service of the United States, 1792
to 1800, see Vermont.

Miller, Ann, and Eleazer, 405; John,
275-6; Samuel, 139, 144-5, 150, 362;
Hon. Solomon, 95, 215, 218-19,
221. 223, 228, 236, 242, 249-250,
254; 256-258, 270, 277, 279-80. 284,
286, 288, 290-91, 294, 296, 303, 308
-9, 313, 317, 324, 326, 328-9, 331,
339, 341, 350-51, 361, 370, 398, 448,
483— note on, 215; Thomas, 212;
Timothy, 113, 374.

Milnes, Gov., of Province of Que-
bec, 512, 514-15.

Mills, Koswell, deposition of, 474.

Mines, of gold, silver, &c, 45, 93, 98.

Minister rights to land, 204, 356,
390, 393.

Minkler, John, 333.

Mitchell, Timothy, 89, 97, 199.

Mix, Samuel, 24.

Money bills, see Rules.

Moody, David, 246.

Moore, Benjamin, 13 ; Grove, 122,
144-146.

Morev, Gen. Israel. 68-9, 86, 90, 97,
148— letter of 438— note on, 438;
Samuel, 438.

Moore, Sir Henry, 455.

Morrill, Abraham, 151, 194, 532.

Morris, Hon. Lewis R., 4, 12, 16, 31,
50, 54, 91, 93-4, 107, 131, 208, 346,
352, 355, 370, 372, 374, 393, 400,
490.

Morrison, Polly, 363.

Morse, Ebenezer, 301 ; John 213 ;
Solomon, 363.

Morseman, Timothy, 109, 111, 143.

Mott, Joseph, jr., 464, 468; Samuel,
458, 462, 464, 467-8, 474.

Mower, Levi, 268.

Munn, John, 190; Joseph, 199.

Munson, Thaddeus, 307.

Murray, John, 481.

Naughton, 12.

Nelson, Nathaniel, 277; William jr.,

255,268.
Newcomb, Luther, 422.
New Hampshire, 244, 431.
New Jersey, 429, 479.
New York, 479.
Newell, Nathaniel, 330.

Nichols, Isaac, 27 ; Jonathan, jr.,
208; Robert, 36.

Niles, Hon. Nathaniel, 6, 259, 261,
277, 295, 307, 310, 319, 331-333, 336,
340, 347, 349, 358, 368, 371-2, 374,
377-8, 380, 382, 385-388, 390-394,
398-402, 404, 406, 412, 414-15, 417
-421, 432, 518, 532.

Noble, James, 97.

North Carolina, 479.

Northern boundary line, 455; north-
ern frontier, surveillance of by
British troops, 1783 to 1796, 454-
478.

Norton, Joseph, 210; Solomon, 27,
146, 342, 344-5, 348.

Nott, John, 161.

Noyes, John, 308, 342.

Ober, Asa, and Ebenezer, 95-6.

Obituary notices: of Doct. Jonathan
Arnold, 503; Paul Brigham, 21;
Gov. Thomas Chittenden, 501 ;
Elijah Robinson, 61; Hon. Sam-
uel Williams, 83.

Olcott, Lt. Gov. Peter, 1-4, 6-15, 17,
20, 21, 23-28, 30-35, 40, 41, 44-51,
53-4, 56, 59, 295— letter of, 436 ;
Gen. Roswell, 146-148, 152, 171,
185, 188, 202, 353, 510.

Olds, Jesse, 345, 348, 356, 402, 407.

Olin, Hon. Abraham B., 43; Hon.
Gideon, 5, 26, 29, 35, 41-2, 44-51,
53-57, 59, 60, 64, 71-73, 82-3, 85, 87,
91, 93, 102, 104-5, 107-110, 118, 124,
127, 132, 136-139, 141, 143, 148-150,
153, 155, 159, 161-2, 164, 167, 171,
211, 217, 220-21, 228, 230, 232, 234
-5, 237, 244, 251, 273, 275, 277—
note on, 42; Lt. Gov. Henry, 43,
268. 294, 308, 333, 336, 344, 346,
348, 358, 365, 372, 374-5, 377, 408;
John, Hon. John H., and Rev.
Dr. Stephen, 43.

Onsley, Davis, 276.

Orcutt, Zebina, 401.

Ormsby, Gideon, 89, 171, 220, 229,
292, 294, 337, 340.

Osgood, Moses, 133; Nathan, 93, 95,
100, 107, 111, 155, 264; Thomas,
318.

Otis, Samuel A., 400.

Packard, Joseph, and Winslow, 38.
Paddock, Ichabod, 180.
Page, Abraham. 279; Benjamin, 17,
47-8; Doct. William, 12, 16, 31, 93,

544

General Index.

131, 142, 190, 191, 203, 208, 346,
350, 352, 355, 393; William, jr.,
399, 420, 422.
Paine, Amasa, 97, 101 ; Caroline,
and Gov. Charles, 435; Hon. Eli-
jah, senior, 6, 7, 12, 28, 48, 61, 64,
66, 69, 238, 264-5, 296-7, 433, 436-7,
462— letters of] 433, 436, 491— no-
tice of, 433 ; Judge Elijah, jr.,
Doct. Marty n, and George, 435;
Seth, of Vt., 330, 377 ; Seth, of
Brooklyn and Pomfret, Conn. 434.

Painter, Hon. Gamaliel, 6, 24. 28,
45, 95, 97-8, 107, 115, 125, 265, 292,
294, 372, 403, 418, 445, 448.— Let-
ter of, 95.

Palmer, Gershom, 419.

Parker, Jonathan, 73, 143. Joua.,
jr., 50, 52, 102, 120; Thomas H.,
225, 338, 377, 407-8.

Parkhurst, Maj. Calvin, 9 ; Phin-
eas, 360.

Parmalee, Aaron, 32.

Parmeter, Isaiah, 73, 245-6.

Partridge, John. 98, 115.

Patrick^" Samuel, 420.

Patterson, William, 104.

Pauling, or Rowling, Anthony, 268,
272.

Payne, Thomas, 32.

Pearl, Col. Stephen, 30, 39, 57, 149,
153, 332, 458, 462, 465-467, 473.

Pease, Levi, 33.

Peaslee. Zachariah, 341, 364, 366-7,
401, 409.

Peckham, Samuel, 72, 108, 115.

Pelton, Ephraim, 295.

Penfield, John, 275.

Penn, Gov. William, 60.

Pennock, Alexander, 150 ; James, 86.

Pennsylvania, 429, 479.

Pensions, 88-90, 109, 114.

Perkins, Benjamin, 87, 115; Doct,,
241; Samuel, 9, 230; Wesley, 166.

Perry, William, 71, 115, 118, 260-61,
289, 375, 405.

Peters, Andrew B., 191, 209, 310.

Pettes, Joseph, 289.

Phelps, Ralph, 485; Samuel, 180.

Phillips, Asa, and Polly, 354, 360;
Samuel, 427, 430.

Phinney, or Finney, Bethuel, 182,
265, 338, 409.

Pickering, Hon. Timothy, 482. —
Letter of; 486.

Pierce, Elisha, 55.

Pitkin, Thomas W., 17.

Piatt, Charles, 11, 12.

Plumley, Alexander, 72.

Pomeroy, John, 332; Pliny, 88-90;
Seth, 259, 297, 372, 376.

Pond, Josiah, 87, 220-21, 234.

Porter, Asa, 228; Samuel, of Dum-
merston, 336, 356, 372-3. 375: Hon.
Thomas, 1-4, 6-11, 13-15, 17, 20, 21,
23-31, 33, 35-6, 40, 41, 44-51, 53-4,
56, 59, 60, 62, 64, 66. 68, 70-72, 79,
82— resignation of, and address to,
439; Doct. Thomas, 241; Thomas,
of Vershire, 24, 88, 92, 109, 112,
251, 265, 339, 373, 375, 422.

Post, Aaron, 146, 161.

Post-roads. 100, 113, 131, 133, 206,
323, 359-60, 393-395, 402, 406.

Potter, Amos, 145, 151; James A.,
407, 419, 422.

Powell. John, 90; Martin, 421.

Powers, Joseph, 313, 316.

Pratt, John. 182.

Prentiss, Thomas, 36, 297.

Prescott, Gov. Robert, 227, 512, 514.

Presidential Electors, 17, 35, 119,
278.

Presidents, addresses to, 115, 186,
490, 492, 497, 499.

Preston, Tyrus, 154.

Priest, Merritt, 276.

Protests of members of the Coun-
cil, 57, 414-15.

Purdy, Benjamin, 29.

Putnam, Lieut. Isaac, 484; Seth, 69,
175; Tarrant, 76.

Quakers, singular act on, 18.
Quebec, province of, 9, 15, 35.

Rand, Richard, 145.

Randolph, Hon. Edmund, 64, 454,

474-477. — Letters of, referred to,

475-6.
Rann, Joseph, and Olive, 267.
Reab, George, 113, 153.
Reed, Isacher, 122, 136, 198; Thos.

D., 202.
Remington, Zadock, 68.
Rice, Daniel, 240; William, 215, 217

-18, 251, 254, 256.
Rich, Hon. Charles, 207, 294-5, 297,

299, 310.
Richards, Lt. Gov. Mark, 294, 334,

339, 398; Thomas, 146.
Richardson, John. 108; Thomas, 145.
Richmond, James, 239.
Riley, Simeon, 299.

General Index.

545

Robbins, Edward H., 427, 430.

Roberts, Amos, 376; Christopher,
70; James, 191, 294, 359, 361, 373:
Joel, 220, 265; John, 70.

Robinson, Hon. Elijah, 24, 27, 33,
45, 54, 60-62, 64, 67, 69, 71, 73, 79,
82-3. 85, 88-90, 94, 96-7, 104-5, 107
-8, 111-113, 115, 117-18, 124, 133,
136-139, 141, 143, 147, 149, 150, 161,
166-168, 171-2, 178, 184-5, 187, 191,
201-2, 204, 207, 211-12, 214-15, 217
-18, 220, 'J39, 242-3, 254, 257-8, 263,
266-7, 272, 280, 283, 285. 289-91,
294, 297, 309, 313, 315, 318, 324,
328. 450— Obituary of, 61; Hon.
Jonathan, 6, 12, 24, 35, 45, 55, 58,
64-66, 76, 80, 91, 93, 140, 144-5, 148,
152, 157, 171, 178, 184, 193-4, 196,
202, 208-9, 217, 221, 239, 258-260,
264, 270, 275, 286, 292, 294, 296-7,
310, 316, 325, 337, 373, 375, 448,
514; Gov. Moses, 5, 6, 25, 108, 110,
172, 330-31, 333, 336, 339, 349, 351,
356, 441, 493— letter o/, 440; Na-
than, 373; Samuel, 363.

Rogers, Jabez, 28. 33, 37, 163; Jabez,
jr., 287; James, 93, 98, 141, 230 ;
Col. James, 93,104, 141,230; John,
312.

Rood, Thomas D., 198, 220.

Rowley, Aaron, 123.

Rowling, see Pauling.

Royce, Stephen, father of Governor
Royce, 112, 149, 265 ; Gov. Stephen,
1,2.

Rules of Governor and Council: on
money bills, 152; on bills between
the two houses, 158; general rules,
223; on messages from the House
by a member, 190; on non-concur-
rence of the Council in, and sus-
pension of house bills, 238; on
admissions to the council-room,
266; on private bills, 272.

Rulin, Jacob, 485.

Russ, Benjamin, 261.

Russell, Thomas, 395.

Rutherford, Hon. John, 429.

Ryan, John, 485.

Safford, David, 273; Jonas, 109: Hon.
Samuel, 1-4, 6-11, 13-15, 17, 20,21,
23-33, 35-6, 38, 40-51, 53-4, 56-7, 59,
60, 62, 64-66, 68-72, 82-3, 85, 90, 94,
104-5, 1C7, 111-13, 117, 123, 136-
138, 141, 144-5, 149, 150, 164, 167-
8, 171-2, 177-8, 182, 187, 190, 197,
36

211-12, 214-15, 217-18, 220, 231, 236,
242, 254, 256-258, 260, 268, 274,
279-80, 289-291, 294, 297, 307, 309,
313, 317, 324, 326, 328-330. 334, 340,
344, 363, 368, 370-71, 373-4, 376,
386, 397-8, 450.

Sage, Re^. Sylvester, 398, 532.

St. Clair, Gen. Arthur, 481.

Sanders, Rev. Daniel C., 171.

Sanderson, David, instead of Sand-
ers on pp. 28-9; 58,73,295.

Sanford, Peleg, 374.

Sargeant, Jabez, 268; John, 330-332,
339, 373.

Savage, Capt., 463; John. 469.

Sawyer, James, 326, 328-9, 336, 367;
Lydia, 21; Nathaniel P., 193, 229.

Schuyler, Gen. Philip, 57, 111, 447,
451-2.— Letters of, 449, 450.

Scott, of Peacham,444; Joseph, 281;
Josiah, 145; Samuel, 295.

Searle, Samuel D., deposition of,453.

Sears, David, 351.

Seeley, Jo.hn, 176; John, jr., 269,
343.

Selden, Andrew, 64, 67, 87, 90, 91, 97.

Senators, U. S., election of, 4, 5,65-
6, 108-110, 142, 260, 262-264, 296-7,
331, 335-6.

Senter, Levi P., 4S1.

Sexton, George, 146.

Shatter, James, 87, 146, 180, 294, 334,
341, 408.

Shaw, Samuel, 292, 297, 299, 308, 318,
34Q, 345, 373-375, 384, 398, 409;
William, 38.

Sheldon, Asaph, 331; David, 24, 33,
174, 180, 183, 236, 265, 268, 270,
277, 297, 307, 339, 372-3, 418; Eli-
jah, 35; Elisha, 26, 67, 87-8, 107,
109, 112, 118-19, 171, 176, 181, 184-
5, 188, 200, 217, 220-21, 259, 261,
265, 278, 451-2, 458, 532; Jacob,
8,29; John D., 285; Samuel, 68;
Samuel B., 50, 95, 175, 181-2, 190,
294, 297, 299, 307, 341, 374, 377.

Shepard, Abel, 195; Merrill, 102.

Shepardson, Hon. Samuel, 368-9, 371,
374, 377, 380, 382, 385-6, 388, 390,
398-9, 402, 404, 407-8, 411-14, 416,
420— notice of, 369.

Sherman, Asaph, 72; Daniel, 109,
Ruel, 283, 287.

Sherwin, Ahimaaz, 68; Jacob, 35.

Shumway, John, 26, 35, 86, 90, 93,
139, 147, 178, 183-4, 203, 223, 237,
251, 372-3, 402, 406.

546

General Index.

Shuttle worth, Rev. Samuel, 3, 12.

Sias, Benjamin. 87, 92, 107, 112,118,
139, 150-51, 229, 232, 235.

Simonds, John, jr., 73.

Simpson, Solomon, 45; William, 92,
94, 97, 311, 518.

Skeels, John, 301.

Slade, William, of Cornwall, 182,
259, 277.

Slaves, none in Vermont in 1791.
425.

Slave trade, 532.

Slough, Capt., 481.

Smith, Asa, 27, 385; Benjamin, 59;
Campbell, 481; Cephas, 57; Ce-
phas, jr., 188; Chauncey, 112, 115,
134, i45, 347, 356; Daniel, 356;
Gideon, 123; Gov. Israel, 26, 140,
141, 143-4, 146, 149, 150, 153, 176,
258, 293, 308-310, 336, 424, 458, 506;
Israel, of Thetford, 93, 229, 232,
234; Jacob, of Royalton, 171, 182,
184, 188, 191, 201, 259, 269, 273,
285, 333, 339, 358, 361-2; Jacob, of
South Hero, 469; James, 200, 203,
224; John, of Leicester, 180; Mar-
shal, 69, 235, 265; Hon. Noah, 12,
40, 44, 50, 53, 168-9, 172, 176, 183,
192-3, 198, 211, 228, 263— notice
of, 168; Orange, 90; Pliny, 182,
230, 307, 361; Roswell. 284; Sam-
uel, 223; Thomas, 72; Thomas, of
N. Y., 104; William, of Panton,
123; Hon. William, of N. Y., 104.

Social Library Societies, 120, 284.

Spafford, Amos, 69; Gen. Jonathan,
12, 15, 19, 58, 67, 69, 88, 111,
129.

Spaulding, Zebulon, 250.

Speeches, see Governor's Speeches.

Spencer, Abel, 24, 31, 81, 107-109,
115, 125, 139, 141, 168-9, 173, 177,
181, 187, 190-91, 201, 204, 208-9,
211-12, 214-15, 217-18, 220-21, 223,
225, 229, 233, 236, 241-243, 254, 256,
258, 262-3, 265, 270, 273, 275, 277,
280-81, 283, 285-287, 289, 291, 293,
339, 374, 378, 405, 492, 506— notice
of, 169; William, 393.

Spooner, Alden, 268-9, 273, 294, 296-
7, 310, 334, 339-40, 352, 356, 406,
419; Hon. Eliakim, 45, 66-69, 75,
80, 87-8, 182. 190, 290, 302-304, 309,
319, 323-4, 326, 328-9, 333, 340, 342,
346, 351, 368, 370-71, 374-5, 379,
385-387, 393, 398-9, 403, 406. 412,
415,418, 420— notice of, 290; Ju-

dah P., 145; Paul, of Hard wick,
176.
Sprague, Isaac, 182; Knight, 26S,

275, 277.

Squier, Truman, 60, 62, 72, 82-3, 85,
88, 104-5, 107-8, 124, 136-138, 141,
167-8, 170, 174, 189, 211, 287, 445,
485.— Letter of, 173.— Notice of, 62.

Stage-Companies, 33, 89, 97, 115,
128, 135, 162, 198-9.

Stannard, Daniel, 24.

Stanley, Jacob, 401, 419 ; Nathan,
419; Hon. Timothy, 145, 184, 259
-60, 268, 273, 277, 294-5, 297, 339,
340, 358, 361, 373.

Stanton, Daniel, 34 ; David, 26;
Joshua, 25, 57, 107-8, 112, 118, 229,
231, 457-8; Joshua, jr., 88, 93, 97,
171, 177-8, 188-190, 200, 202, 221,
252, 259, 277.

State Capitals, 10, 16, 17, 100, 102,
123, 375, 400.

State Printing, 10, 34, 82.

State Prison, 45, 51, 97, 261, 294, 372,
403, 523.

States, suits against in federal courts,
52-3, 426, 428.

Steamboats on Connecticut river in
1792-3, 438; in 1830-1832, 453.

Stearnes, Reuben and Ruth, 248.

Stebbins, Benj. 150, 156; Mercy, 393.

Steele, James, 17, 74; Zadock, 67.

Stetson. Deborah and Samuel, 314.

Stevens, Abel, 109, 113, 153, 238,
292, 294; Elias, 24, 67, 71-2, 93, 97,
221, 229, 234, 236, 261, 407; Elka-
nah, 113, 127, 156; Enos, 89, 109,

276, 323 ; Ephraim, 204 ; Isaac,
338, 358 ; John, 38, 56, 338, 358 ;
Reuben, 121; Rhoda, 130.

Steward, Daniel, 295.

Stewart, Gen. John, 97, 192.

Stockings, Israel, 81, 89.

Stone, Capt., 85 ; Deborah, 419 ;
Eliab, 73; Luther, 62, 189.

Storrs, Aaron, 183, 188, 190, 225, 233,
236; Seth, 156, 210. 235, 303.

Stoughton, Nathaniel, 36.

Stowell, Calvin, 176.

Strong, Ebenezer, 150; Elijah, 223,
236, 261, 270, 295, 299, 307, 398;
James, 113; Hon. John, 1-6, 8-17,
20, 21, 23-31, 33, 35-6, 40, 41, 44-51,
53-56, 59, 60, 62, 64-72, 78, 82-3, 85-
6. 89, 93, 96, 104-5. 107, 112, 117-119,
123-4, 132, 136-141. 144-5, 147, 149
-152, 155, 164, 167-8, 171-173, 175,

G-eneral Index.

547

180, 184, 186-7, 190, 197-199, 211
-215, 217-18, 220, 224, 229, 242, 248,
254, 256-258, 261, 266, 274, 277, 280,
288, 290-91, 294, 297. 299, 307, 309,
319, 324, 326, 328-9, 334, 340, 347
-8, 360-61, 451 ; Hon. William, 220,
310, 399, 420.

Sullivan, Gov. James, 427.

Sumner, Gov. Increase, 172, 508. —
Letter of, 429.

Surveillance of the northern fron-
tier by British troops, 1783 to
1796, 24, 25, 454-478.

Surveyor General, 12, 66, 156, 227,
272,"304, 353.

Swan, Hon. Benjamin, 133, 259-60,
287, 291, 293, 328, 335, 371, 389.—
Note on, 531.

Sweetman, William, 481.

Sweetser, William, 1. 11. 13-15, 21,
44-51, 53-4, 56, 59, 83, 85, 104, 150,
338, 358. 441.

Swift, Chipman, 220 ; Judah, 249 ;
Hon. Zephnniah, 169.

Tabor, Lemuel, 270.

Talleyrand, Prince, 493.

Taplin, Mansfield, 217, 232.

Tarbox, James, 294, 299, 376.

Taylor, and Miller, widow Ann, 405.

Taylor, Daniel, 152, 297, 323; Eli-
shn, 334, 338, 345; George, jr., 478;
John, 286; Reuben, E., 120; Thad-
deus, 182, 265, 342 ; W. [Thadde-
us,] 183; Thomas, instead of I., 373.

Telfair, Gov. Edward, 25, 26.

Thatcher, Levi, 387.

Thompson, Reuben, 86.

Thompson. Abel, 33, 64-5, 67, 71, 75,
90, 107-112, 141-2. 153, 171, 175,
178, 181, 190, 193, 200, 202, 213,
261, 267, 277, 451: Daniel P., 445;
Samuel, 379; William, 270; Rev.
Zadock, 432, 443.

Thorp, Cornelius, 160 ; John, 146,
267; William, 267, 286.

Throop, Nathaniel, 145.

Tichcnor. Gov. Isaac, 1-10, 13, 20,
28, 31, 44, 48, 55, 64,91,94,108,
110-11, 137,139-141, 168, 171-2, 185-
6,192, 212. 215, 217-19, 244, 256-
258, 289-291, 326, 328-9, 364, 368,
370-71, 399, 412, 424, 428, 431-2,
483, 488, 493, 516.— Letters of, 140,
151, 173, 185, 197, 233, 410, 441,
443. — Speeches of, see Governor's
Speeches.

Tilden, Asa, 162, 205; Josiah, 50.

Todd, Hon. Doct. Timothy, 45, 66,
72, 81, 88, 168-9, 172, 174, 178, 182,
186-189, 198, 200, 204, 206, 211-12,
214-15, 217-18, 220-21, 224-5, 227,
230, 233, 235-6. 238, 241-2, 245-248,
251-2, 254, 256, 258, 262, 274.—
Note on, 169.

Tolman, Rev. Thomas, 30, 71, 123,
292, 366.

Torrey, Ripley, 143-4, 336, 349, 350.

Tourney. William, 405.

Towles, [probably Towle,] Henry
B., 481.

Town, Edmund, 72.

Towns— Acton, as Johnson's Gore,
285.

Addison, 1, 13, 21, 41, 60, 83, 105,
137, 168, 199, 215, 256, 290, 326,
333, 359.

Aiken's Gore, 379.

Albany, as Lutterloh, 58, 98, 249,
266', "396; Albany, N. Y., 479.

Alburgh, 19, 25, 26, 35, 37, 57, 58,
68, 73, 80, 89, 112, 117, 120, 195,
206, 208-9, 230, 241, 281, 286, 294,
345, 356, 360, 392-3, 410. 413, 454
-458, 461-2, 464-72, 476, 478,
515 — an Caldwell's upper ma-
nor, 455, 462 ; Alburgh Gore,
352, 354, 358, 428.

Alexandria, Egypt, 482.

Andover, 456, 221, 237, 261, 276.

Arlington, 60, 71, 168-9, 215, 245,
256, 290, 502.

Ashford, Conn., 368.

Athens, 18, 34, 57, 81, 132, 232, 313.

Averill, 96.

Avery's Gore, 53, 76, 182, 223, 237,
259, 268, 283, 379 ; Avery's
Grant, as Troy, 311.

Bakersfield, 31, 80, 81, 199, 221,
236, 243, 275-6, 351, 383.— See
Smithfield.

Baltimore, 50.

Barnard, 148, 152-3, 393.

Barnet, 148, 163, 301, 353, 408.

Barre, changed from Wilders-
burgh, 50, 53, 76, 197, 323, 349,

Barton, 57, 126, 225, 394.

Belmont, P. Q., 456.

Bennington, 1, 7, 10, 21, 41, 47, 60,
71, 83^ 102. 104-106, 109, 110, 137.
140, 155-7, 168-9, 199, 215, 256,
268, 279, 285, 290, 326, 330, 368,
412, 423, 448, 451, 479-481.

548

General Index.

Towns, continued.

Benson, 74, 331, 413.
Benton's Gore, 330, 370.
Berkshire, 2, 149, 182, 199, 200,

340, 341, 343, 351, 359, 362, 366,

377, 386-7, 394.
Berlin, 11. 78, 98, 197, 315-16.
Bethel, 7, 10, 19, 72, 156-7, 250, 320.
Bloomtield, as Minehead, 56, 179,

208.
Bolton, 92, 230, 243, 246, 313.
Boston, Mass., 369.
Bradford, and as Mooretown, 13,

19 93, 120, 192, 197, 200, 232.
Bradley vale, part of Burke, 382.
Braintree, 10, 205, 251, 314.
Brandon, 65, 101, 351, 366, 394.
Brattleboroush, 74, 89, 115, 128,

320, 325-6, 392, 451.
Bridge water, 57, 67, 189, 207, 247,

284, 375, 391, 401, 412.
Bridport, 180, 222, 363, 381, 383.
Brighton, as Random, 20, 300.
310.

Bristol, 50, 334, 348.
Brookfield, 89, 196-7, 215, 217, 238,

256, 290, 298, 318, 326.
Brookline, 132.
Brooklyn, Conn., 433-4.
Brownington, 29, 39, 121, 148, 179,

206,225,304, 337, 346; Brown-
ington Gore, 343, 358.
Brunswick. 38, 56, 183, 221, 242,

347.
Buel's Gore, 53, 76, 268, 283, 351.
Burke, 78, 178, 199, 343, 353, 382,

401, 403; Burke's Gore. 180.
Burlington, 11, 34, 55, 60, 61, 76,

78. 80, 89, 95, 97, 115, 124, 126,

162-3, 188, 192-3, 199, 243, 246.

268, 292, 308, 319, 326, 328, 360,

362. 304. 366-7, 389, 394, 401-2,

406, 408-9, 450, 458, 462, 404,

473,484.
Cabot, 73, 238, 275, 301, 303, 330,

348 394.
Calais, 92,' 197, 200, 238, 284.
Caldwell's Manor, see Alburgh.
Cambridge, 1, 21, 41, 60, 80, 121,

290, 313, 351.
Canaan, as Norfolk, 19. 87, 141,

305, 310, 312, 332, 334, 346, 348,

354, 485-6.
Carthage, see Jay.
Castleton, 11. 68, 109, 121, 144, 199,

275, 282, 285, 483.
Cavendish, 9, 12, 32, 50, 112, 237,

368-9, 385, 532.

Charleston, as Navy, 78, 179, 206,

272, 283, 389.
Charlestown, N. II., 62, 127, 142,

216, 448.
Charlotte, 69, 126. 267, 274.
Chelsea. 15, 56, 151, 158, 182, 197,

220, 240, 300.
Chester, 68, 71. 103, 114, 134, 230,

313.
Chittenden, 38, 58, 74, 110, 166,

261, 276, 397.
Cincinnati, Ohio, 480.
Clarendon, 13, 28, 29, 168-9, 215,

256, 401-2.
Coifs Gore, see Waterville.
Colchester, 58, 73, 80, 91, 95, 126,

160, 207, 302, 314, 364, 367, 448.
Concord, 57, 162, 208, 211; Con-
cord, Mass., 368.
Corinth, 197, 232, 270, 281, 323,

418.
Cornish, N. II., 12, 165.
Cornwall, 114, 198. 277.
Coventry, 36, 58, 164, 194, 302, 313,

383; Coventry, Conn., 21.
Craftsbury, 37, 112, 121, 145, 161-

2, 182, 19S, 305, 308, 380.
Crown Point, N. Y., 62.
Danby, 87, 115, 337, 389.
Danville, 11, 33, 151, 158, 161, 199,

201. 203, 232, 238, 267, 284, 295,

301, 322, 343, 351-2, 355, 357, 394,

401, 407-8, 411.
Derby, 162, 225, 281, 421-2.
Derne, Tripoli, 482.
Detroit, Mich., 327.
Deweysburgh, 301, 343, 352.
Dorset, 36, 70, 337, 376. 401-2, 479.
Dummerston, 51, 65, 72, 94, 117,

152, 162, 201, 323.
Duxburv, 46. 93, 176, 199, 313, 315,

337, 353-4, 359.
East Guilford, Conn., 501.
East Haven, 152.
Eden, 98, 303, 338, 347.
Elmore, 18, 145, 208, 379.
Enosburgh, 121, 145-6, 159, 199,

265, 333, 340, 348, 351, 359, 362-

3, 377, 382, 386-7.
Esopus, N. Y., 60.

Essex, 80, 95, 302, 313, 383-4, 415,

417.
Exeter, N. II., 438.
Fairfax, 48, 80, 81, 98, 262, 275,

277, 323, 325.
Fairfield, see Smithfield, 18. 31,

80, 163, 276, 278-9, 302, 351, 377.

G-eneral Index.

549

Towns, continued.

Fairhaven, 30, 38, 122, 140, 156,
165, 276, 326-7, 368, 424, 448,
450-51.

Fairlee, 53, 116, 125, 127, 129, 135,
146, 156-7, 161, 192, 197, 438.

Favston, 53, 135, 182, 207.

Ferdinand, 121.

Ferrisburgh, 121, 269, 275, 279,
306, 356, 451.

Fletcher, 38, 80, 162, 183, 193. 210,
259, 277-8, 351.

Fort Anne, N. Y., 447; Fort Ed-
ward, N. Y., 449.— See Fort.

Franklin, as Huntsburgh, 1, 2, 37,
58, 60, 83, 105, 122, 137. 168, 208,
215, 256, 290, 302, 307, 313, 323,
341, 346, 351, 359, 365, 394-5.

Georgia, 41, 60, 61. 80, 83, 105, 121,
122. 137, 160, 163, 245, 247, 290,
326, 351, 363, 368, 385, 465, 467.

Glastenbury, 18.

Glover, 57, 152, 156. 179, 205, 267,

281, 337, 345.

Goshen, 58, 73, 77, 86, 152, 156-7,
178, 196, 199, 205, 249, 351.

Grafton, changed from Tomlin-
son, 33.

Granby, 38, 152, 395.

Grand Isle, and as Middle Hero,

282, 294, 345, 359, 463.
Granville, as Kingston, 12, 86,

114, 205, 275, 387-8.
Greensborough, 37, 98, 99, 199,

201, 240, 394.
Greenville, Ohio, 480, 481.
Groton, 38, 166. 182, 198, 392,
Guildhall, 14, 17, 141, 152-3, 365,

382, 395, 401, 411.
Guilford, 9, 168, 170, 215, 256, 290,

326, 368-9.
Halifax, 195, 273.
Hampton, N. Y., 496.
Hancock, 19, 29, 37. 49, 73, 77, 86,

183, 207, 265, 306-7.
Hanover, N. H., 33, 48, 115,

128.
Hardwick, 36, 98, 179, 198-9, 201,

225, 243, 281, 397, 407.
Harris's Gore, 182, 198, 315.
Hartford, 17, 19, 48, 89, 92, 101,

113, 205, 244, 261, 383. 422 ;

Hartford, Conn., 423, 453, 463.
Hartland, 28, 54, 118, 157, 219, 253,

448. 451, 488.
Hatfield, Mass.. 216.
Highgate, 35, 80, 90, 126, 206, 342,

352, 354, 358, 428.

Hinesburarh, 121, 161, 323, 359,

394-5.
Holland, 38, 162, 206, 343, 357.
Hopkinton, Mass., 105.
Hubbardton, 41, 109, 226, 249, 250,

275, 282, 334, 337, 405.
Huntington, and as New Hunt-
ington, 19. 78, 102, 133, 268, 270,

283,351.
Hydepark, 227, 243, 273-4, 279,

"311, 407.
Ira, 313.

Irasburgh, 58, 164, 194, 243. 246.
Isle la Motte, 19, 73, 81, 112, 117,

120, 205, 230, 345, 349, 360, 393,

410, 413 — changed to Vineyard,

349.
Jackson's Gore, 34.
Jamaica, 127, 195. 272, 302, 314,

380, 382, 413, 415.
Jay, as Carthage, 36, 39, 40, 58,

207, 343, 348, 359, 362, 386-7, 428.
Jericho, 19, 76, 78, 81, 209, 210,

245, 247, 290, 326, 351, 368.
Johnson, 57, 78, 91. 97, 122, 156,

198, 315, 345, 407. '
Kelly's Grants, 20, 79, 311, 396.
Killingworth, Conn., 302-4.
Knight's Gore, 198.
Lancaster, Penn., 480.
Landgrove, 101, 135, 176, 197, 281,

336, 376.
Lansingburgh, N. Y., 1.
Lebanon, N. II., 88, 98.
Leicester, 18, 43, 74, 77, 111, 134,

146, 163, 302, 352 ; Leicester.

Mass., 61, 369.
Lemington, 56, 141, 303, 313, 389.
Lewis, 96.

Lincoln, 96, 162, 351, 360, 379.
Litchfield, Conn., 502.
Lockport, N. Y., 532.
Londonderrv. as Kent, 35, 90. 93,

97, 98, 103, 104, 109, 122, 141,

148, 379.
Loudon, N. II., 105.
Lowell, as Kellyvale, 37, 182, 202,

225, 303.
Ludlow, 34, 113, 137.
Lunenburgh, 14, 122, 174, 181, 356,

3S4, 386-7.
Lyndon, 19, 163, 206.
Mack's Leg, see Windham.
Maidstone, 10.
Manchester, 11, 42, 48, 60, 62, 70,

71, 83, 105, 114, 127, 137, 143, 150,

168, 189, 268.

550

General Index.

Towns, continued.

Mansfield, 82, 182. 206, 231, 246-7,

249, 302, 330, 388; Mansfield,

Mass., 326.
Marlborough, 37, 90, 91, 111, 145,

272.
Marshfield, 99, 122, 174, 197, 200,

314, 346.
Mendon, as Medway, 48, 80, 149,

239, 249, 351.
Michilimackinac, or Mackinaw,

Mich, 454.
Middlebury, 8, 13, 37, 86, 109, 114,

121, 153, 162-3, 168, 206, 220, 222,

256-7, 260. 268-9, 279, 286-7, 318.

350, 353, 362, 448, 496, 531.
Middle Hero, see Grand Isle.
Middlesex, 57, 69, 112, 113, 155,

229, 249, 352, 380-81, 396.
Middletown, 88 ; Middletown,

Conn., 43.
Milton, 38, 73, 100, 133, 163, 169,

198, 338, 361, 385, 410, 413.
Missisquoi, see Troy.
Monkton, 122, 127, 301, 313.
Montgomery. 37, 146, 182, 200.

359'; 362, 381, 386-7, 406, 410.
Montpelier. 21, 38, 89, 197, 199,

200, 203, 238, 265, 284, 286, 290,

360, 384, 394, 408, 434. 445.
Montreal, P. Q., 472, 485-6, 514.
Moretown, 94, 97, 98, 112, 113, 176,

178, 198, 205, 207, 222, 284, 334,

342, 353, 357, 392-3.
Morgan, as Caldersbursh, 38, 183,

208, 304, 343, 402 ; instead of

" Walden " on p. 358.
Morristown. 39. 80, 182, 207, 225.

227, 243, 379.
Mount Holly, 261, 276, 379. 415-16.
Mount Tabor, as Harwich, 281,

333, 337, 376, 390.
Newark, 19, 152, 178, 300, 310.
Newbury, 1, 21, 41, 90, 100, 135,

197, 232, 291, 295, 301, 322-3,

334, 346, 349, 408, 450-51, 484.
Newfane, 1, 21, 41, 60, 83, 91, 98,

111. 137, 145, 159, 168, 215, 256,

282, 316, 321.
New Grantham, N. H., 350.
New Haven, 9, 17, 81, 117. 119,

120, 161, 198, 275. 279, 286, 318,

353, 374; New Haven, Conn.,

423.
Newport, as Duncansborough, 14,

36, 58, 122, 194, 249, 303, 396-7.
New York city, 92, 104, 423, 434-5.
Norfolk, see Canaan.

Northfield, 97, 197, 259, 276.

North Hero, 73, 112, 117, 121, 161-
2, 230, 360, 393, 410, 413, 454,
458, 465^6, 470, 472, 476.

Norwich. 1, 21, 22, 41, 48, 60, 83,
105, 137, 165, 168, 215, 256, 290,
326, 368; Norwich, Conn., 41.

Ogdensburgh, N. Y., 454.

Orange, 163, 182, 197-8, 232, 323,
349.

Orford, N. II., 438.

Orwell, 226, 274. 495.

Panton, 58, 81, 123, 275, 279.

Paris, France, 231.

Parker's Gore, 303.

Pawlet, 46, 87, 89, 115, 140, 117,
247, 332. 339, 363.

Peachain, 57. 105, 106, 137, 168,
182, 198, 215, 232, 234, 256, 290,
301, 326, 352, 408, 444.

Peppercll, Mass., 219, 488.

Peru, as Bromley, 101, 135, 159.
225, 235, 374, 376, 416.

Philadelphia, part of Goshen and
Chittenden, 58, 73, 77, 110, 166;
Philadelphia, Pa., 25, 423, 532.

Pittsburgh, Penn., 423.

Pittsfield, 27, 29, 38, 39, 49, 116,
126, 265, 306-7, 311, 335; Pitts-
field, Mass., 74.

Pittsford, 18, 275, 351, 393, 531, 532.

Pittstown, N. Y., 145.

Plainfield, as St. Andrew's Gore,
140, 160, 175, 197, 200, 208, 250,
361.

Plymouth, as Saltash, 83, 122, 127,
128, 150, 389; Plvmouth, N. H.,
434.

Pomfret, 89, 109, 261, 422; Pom-
fret, Conn., 434.

Poultney, 27, 146, 198, 200, 220,
479.

Pownal, 279, 412.

Providence, E. I., 503.

Putney, 75, 81, 103, 112, 385.

Quebec, P. Q. , 35, 90, 456, 459, 468.

Randolph, 67, 72, 89, 193, 210, 290.

Random, see Brighton.

Readsborough, 9, 56, 262, 284, 302,
313.

Richford, 38, 149, 225, 243, 343,
348, 359, 361, 362, 377, 386-7.

Richmond, 135, 246. 351.

Ripton, 302, 311, 351.

Rochester, 37, 57, 245,383; Roch-
ester, Mass., 445; Rochester, N.
Y., 532.

General Index.

551

Towns, continued.

Rockingham, 38, 88, 104, 109,

139.
Roxbury, 121, 181, 197, 206, 303,

311.
Royalton, 14, 89, 238, 268, 283.
Rupert, 8, 29, 339, 376.
Rutland, 10, 11, 13, 16, 17, 21, 23,

29, 30, 31, 37, 60, 63, 66, 68, 73,

83-4, 93, 105, 107, 113, 123, 131,

134, 137, 168-9, 183, 198, 212, 244,

256, 268, 276, 281, 283, 321, 326,

338, 393, 419, 448, 482, 532.
Ryegate, 38, 144, 174, 192, 301.
St. Albans. 80, 121, 248, 252, 266,

268, 271, '311-313, 321, 361, 363,

377, 386-7, 407, 413.
St. George, 38, 97, 380.
St. Jobns, P. Q., 24, 25. 90, 458-9,

472-3.
St. Jobnsbury, 1, 21, 150, 163, 206,

503.
Salem, 115, 118, 123, 150, 189, 196,

203, 225, 229, 241. 245, 250, 252,

380; Salem, X. Y., 134, 183, 198.
Salisbury, 18, 66, 111, 133, 134, 160,

208, 531; Salisbury, Conn., 290,

501-2.
Saudgate, 48, 70.
Shaftsbury, 23, 41, 42, 43, 60, 83,

102, 1.05, 137, 168, 256, 290, 326,

368.
Sharon, 8, 261, 276, 360; Sharon,

Conn., 1.
Sheffield, 40, 50, 56, 121, 225, 242,

311, 353; Sheffield, Mass., 106.
Shelburne, 80, 126, 163, 206, 314,

351, 380, 531.
Sheldon, as Hnngerford, 18, 38,

68. SO, 235, 302, 313, 377, 451-2,

477.
Sherburne, as Killington, 50, 73,

155,261,276,281,395.
Shoreham, 286.

Shrewsbury, 19, 56, 113, 135, 248.
Smithfield, as part of Fairfield and

Bakersneld, 80; Smithfield, R,

I., 326.
Somerset, 109, 143, 310, 322, 365.
South Hero, 18, 58. 73. 100, 112,

122, 149, 164, 183, 208-9, 230,

282, 294, 345, 359, 360, 468-9.
Springfield, 33, 39, 76, 247, 251, 448.
Stamford, 56, 157.
Stanstead, P. Q., 242-3, 285.
Starksborough, 53, 78, 127, 237.
Sterling, 39,^80, 163, 388.
Stillwater, N. Y., 1.

Stockbridge, 27, 69, 74, 120 121

126, 303, 310, 368, 395.
Stowe, 81, 210, 231, 243, 250, 396.
Strafford, 86, 90, 150, 197, 448.
Stratton, 53-55, 72, 109, 143, 238

343, 350, 394; Stratton Gore!

238.
Sudbury, 68, 109, 226, 249, 334, 337.
Suffield, Conn., 168.
Sunderland, 1, 21, 53-55, 72.
Sutton, as Billy mead, 174, 199, 313.
Swan ton, 73, 80, 123, 161, 184, 203,

301, 313, 343, 358, 364, 377.
Thetford, 197, 249, 290, 299, 313,

326, 368, 375, 381-2.
Ticonderoga, X. Y., 2.
Tinmouth, 1, 2. 21, 41, 50, 60, 87,

89, 90, 99, 115, 220, 244, 413.
Topsham, 81, 197, 232, 270, 283,

321, 323, 349, 380-382.
Townshend, 32, 69, 126, 160, 368-9.
Trenton, N. J., 106.
Troy, and as Missiskouie, Avery's

Grant, and Kelly's Grant, 311.

380, 396, 428; Troy, N. Y., 27L
Tunbridge, 283, 419.
Underbill, 121, 122, 284, 351, 410,

413.
Vergennes, 8? 9, 17, 56, 81, 101,

117, 124, 126, 131, 153, 192-3, 199,

222, 229, 271, 285, 365, 391, 393,

402, 406, 439, 450, 495.
Vernon, as Hinsdale, 1, 21, 41, 60,

71, 74, 83, 117, 170, 171, 215, 340,

448.
Vershire, 55, 122, 197, 232, 418.
Victory, 76, 100, 179.
Vineyard, see Isle la Motte.
Waitsfield, 12, 87, 95, 180, 203.
Walden, 183, 199, 201, 303, 311,

407; Walden Gore, 33,75, 161,

243, 302, 322, 344. 351.
Wallingford, 50, 215.
Wardsborough, 34, 3S0.
Warren, 12, 198, 205, 250, 271, 302,

O-LO.

Washington, 14, 92, 182, 197-8, 232,

323,422; Washington, D. C.,482,
Waterbury, 58, 69, 94, 222, 251,

320, 341, 396.
Waterford, as Littleton, 57, 126,

134, 303, 313, 315, 407.
Waterville, as Coit's Gore, 78, 80,

230, 315, 332, 345, 347.
Weathersfield, 9, 18, 36, 54, 60, 61,

83, 105, 137, 157, 168, 215, 256,

290, 413, 450.

552

G-eneral Index.

Towns, concluded.

Wells, 67, 81, 87, 115, 142, 198.
Weiilock, 38, 183, 304, 402.
West Fairlee, 129, 363, 368.
Westfield, 58, 87, 181, 209, 359,

362, 386-7, 391.
Westford. 97, 126, 167, 210, 221,

237, 403, 410, 413. 417-419, 421;

Westford, Mass.. 368.
West Haven, 140, 156, 165.
Westminster, 7, 88, 103, 104, 113,

129, 168-9, 198, 215, 235, 246,

256, 290, 326, 368, 370, 386, 484.
Westmore, 152, 154, 178-9, 199, 341,

343, 361.
Weston, 237, 261, 281.
West Springfield, Mass., 147, 215.
Weybridge, 9, 32, 176, 189, 201.
Wheelock, 151, 192, 229, 242-3, 285.
Whitehall, N. Y., 112, 447-450.
Whitelaw's Gore, 304; WhitelawV

Grant, 343, 358.
Whiting, 68, 162, 283, 286, 346,

368-9.
Whitingham, 122, 333, 348, 386.
Williamsburgh, Mass., 216.
Williamstown, 11, 60. 61, 83, 89,

105, 137, 168, 197, 200, 232, 323,

434, 484; Williamstown, Mass.,

61.
Williston, 1, 15, 19, 21, 41, 55, 60,

76, 78, 83, 105, 135, 163, 165, 215,

231, 249, 256, 275, 290, 308, 319,

326. 344; 364, 366-7, 410, 463, 502.
Willsborough, N. Y., 446.
Wilmington, 37, 72, 101, 110, 146,

386.
Windham, 90, 97, 109, 147-8, 244,

283.
Windsor, 1, 2, 3, 7, 10, 16-18, 34,

41, 42, 44, 83, 85, 89, 97, 104-106,

123, 137, 138, 162, 165, 167-8, 188,

199, 217, 222, 240, 242, 256, 278,

289, 290, 388-90, 396, 398-9, 408,

434, 479, 483.
Winhall, 179, 181, 207, 223, 250,

278, 301-2, 384.
Wolcott, 145, 182, 205, 303, 311,

407.
Woodbridge, 428. — See Troy.
Woodbury, 38, 57, 126, 152, 390.
Woodford, 121, 319, 321.
Woodstock, 7, 13, 18, 30, 68, 108-

110, 133, 145,192,215,228,268-9,

531.
Worcester, 39, 80, 174, 208, 397.

Townsend, Hon. Micah, 59.

Tracy, Hon. Uriah, 169.

Train, Orange, instead of Crane on
p. 297; 27, 29, 89, 90, 93, 229, 261.

Trask, Capt. Israel E., 484.

Treaty of commerce, claim for so-
liciting, 9, 35.

Tripoli, and Tunis, 482.

Trumbull, George, 397 ; John, the
poet, 424.

Tupper, Benjamin, 113.

Turnpikes, 88, 110. 113, 188, 193, 236,
238, 244, 247, 252, 261, 268-9, 271,
274, 279, 284, 286, 296-8. 301, 305,
307, 329, 334, 337-9, 342, 361, 363,
397-8, 403, 406, 408, 411, 415-16,
421.

Tute, Amos, 74.

Tuttle. Daniel, 408; Thaddeus, 364,
373, 409.

Tyler, Joseph, 32, 69; Nathan, 206;
Hon. Koyall, 97, 293, 299, 337,373.

Underbill, Capt. James, 479.— Letter
of, 481.

Union of N. H. towns with Ver-
mont, pamphlets on, 532.

United States Senate, public ses-
sions of, 25; Senators, see Sena-
tors, U. IS.

University of New York, 434; pro-
posed at St. Albans, 266 ; of Ver-
mont, 10-12, 17, 18, 26-7. 91, 349,
361-2, 418-19, 434.

Utley, Asa, 375; William, 159.

Vail, Edward, 295.

Valentine and Collins, 115-16.

Vassal, William, 427.

Vance, John, 174-176, 243.

Vermont, as viewed by a Virginian
in 1791, 423 ; no slaves in, 425 ;
surveillance of by British troops,
1783 to 1796, 454-478; interference
of British officers in 1792, 457 ;
Vermont charged with endanger-
ing the peace of the country in *
1794, 471; military contributions
of to the U. S., 479-484 -in
Wayne's Indian War, 479-482—
as minute-men in 1794, 489, and
in 1797, 483— to the 16th U. S.
regiment in 1798, 483.

Vincent, Thomas, 297.

Virginia, resolutions of 1798, 228,
231, 233, 240, 242, 479, 512-13, 525-
6; reply of Vermont to, 529.

Votes for governor in 1793, 44 — in

General Index.

553

1798, 172—1800, 258; for council-
lors in 1803, 371.

Wait, Gen. Benjamin, 87-8. 90, 109,
133, 145, 228, 295, 299, 310, 342.
344; Lieut. Marmaduke, 484.

Wakefield, Ebenezer, 246.

Walbridge, Gen. Ebenezer, 1-4, 6-
11, 13-15, 17, 20, 21, 23-34, 40, 41,
44-46, 48-51, 53-4, 56, 58-60, 62, 64-
66, 68, 70-72, 82-3, 85, 104; Hen-
ry, 127.

Walker. Benjamin, 145-147, 180, 182,
189, 190, 220, 221, 236; Samuel, 9,
111.

Waller, John C, 238, 254.

Warburton, William, 463.

Ware, Jonathan, 301.

Ward, William, of Burlington, 55;
of Poultney, 176, 220, 221, 223-4.

Washburn, Daniel, 163; Jerusha,
161, 163.

Washington, Prest. George, 151, 434,
458-460, 471-2, 474,477-8, 480, 482-
3, 492.— Address to, 490; reply
of. 491.

Watkins, John, 299.

Watson, Elkanah, and Winslow C,
447; Titus, 121.

Wayne, Gen. Anthony, 478-481.

Webster, Doct. Noah, 169.

Weld, John, 35.

Wells, Jonathan. 259, 277.

West, 167; Lewis K. M., 250.

Westminster massacre, 169.

Wetherbee, Samuel, 143, 292, 294,
299. 343, 372, 419.

Wetmore, Hon. Seth, 188, 199.

Wheat, Samuel, 163.

Wheatley, Nathaniel, 297.

Wheeler, John B., 372.

Wheelock, Asa, 231; Hon. Ebene-
zer, 49, 112, 340, 343, 368-9, 371,
375-6, 383, 385, 392, 398-9, 401, 404,
407, 412, 416, 419, 420, 422— note
on, 369; Eleazer, 49, 73; Ephraim,
110, 147, 150, 230, 231, 514 ; Ro-
dolphus, 126.

Whelpley, James, 87.

Whipple, Daniel, 38.

White, Jotham, 180, 190, 191; Hon.
John, 41, 44, 46-7, 60, 62, 64-68, 70
-72, 75, 82-3, 85, 90, 104-5, 107, 111,
113, 115, 117-18. 124, 128, 136-141,
146, 149-153, 161, 167, 171, 211, 267,
271, 290-292. 299, 300, 302-3, 305,
309, 314, 319,' 323-4, 326, 328-9, 333,
37'

339, 341, 347, 354, 356, 361, 368,
370-372, 376-7, 380-382, 389-90, 39S
-9, 401, 407-8, 412, 415-16. 420-21
— note on, 60; Lemuel, 67; Rev.
Pliny H., 42; Roswell, 156.

Whitelaw, Gen. James, 32, 66, 91,
115-16, 123, 144. 150, 156, 189, 227,
229, 241, 272, 304, 388.

White river, locking of, 113, 156.

Whiting, Rev. Samuel. 139.

Whitman, Benjamin, 115, 146.

Whitney, Gen! David, 49, 146, 155,
200, 203, 233; George, 376; Jonas,
24, 69, 87, 112; Lemuel, 115, 128,
326, 329, 372, 408; Richard, 160,
168, 170, 173-4, 211-12, 214-15, 217,
219, 254, 256-7, 289-291, 306, 324
-326, 328-9, 368, 370, 398— note on,
170.

Wilder, Samuel, 481.

Wilkinson, Gen. James, 480, 481.

Willard, Harding, 101, 122 ; Jona-
than, 193; Rev. Sidney, 422.

Williams, Chauncey, K., 83, 532 ;
Edmond, 56; Elias, 82, 307; Jesse,
141, 148, 150, 393, 395; Jonas, 139;
Phineas, 176, 201 ; Roger, 404 ;
Roger of Rhode Island, 326 ; Hon.
Samuel, 11, 24, 29, 34, 45, 62, 64,
69, 71, 73, 80, 82-85, 87, 89, 91, 94,
98, 102, 104-5, 107-109, 112-13, 118,
124, 136-138, 141-2, 147-151, 155-6,
160, 161, 163-4, 166-8, 171-173, 175,
177, 184-5, 188, 193, 198, 200, 208,
217, 228, 230, 232, 239, 244, 247,
273, 285-287, 419, 492, 526, 532—
obituary of, 83; Rev. Dr. Samuel,
30, 62, 83-4, 443; Smith. 294, 297;
Hon. Stephen, 326-7, 329, 335, 337,

340, 341, 343, 355 -note on, 327;
William, 87.

Willis, Edmund, 79, 95-6. — See
Wyllys.

Willoughby, Joseph, 146 ; Josiah,
184,

Wilson, Ebenezer, 213.

Windmill bay, 454.

Wing, Hon. David, jr., 143, 145, 147,
153, 171, 175, 177, 183, 190, 196,
265, 294-5, 297, 299, 308-9, 387, 421
— letter of, and note on, 445 ;
Isaiah, 245.

Wiswell, Henry, 81.

Witherell, Hon. James, instead of
Wetherby on p. 178 ; 174, 202,
209, 217, 220, 229, 235, 241, 244,
248/250, 259-60, 266, 298, 320, 325

554

General Index.

-6, 328, 330, 334-336, 340, 349, 351,
354-5, 357, 360, 361, 368, 370. 371,
375-6, 378-384, 386, 388-9, 391, 396,
398-401, 404-406, 409-10, 412-13,
416, 418-20.— Note on, 326.

Wolcott, Charles, 52 ; Gov. Oliver,
169.

Wood, Asa, 283, 287; Enos, 24-5, 39,
458, 462, 465-467— deposition of,
465; John, 129,134,183; Nathan,
7; Nathaniel, 465-467; Nathaniel,
jr., 268, 273, 395, 419; Timothy, 69.

Woodbridge, Hon. Enoch, 11, 12,
29, 45, 64, 75, 91, 94, 108, 143, 192,
228, 263, 270, 271, 274, 333, 450—
letter of and note on, 439; Hons.
Enoch D. and Frederick E. 439.

Woodbury, Jonathan, 353.

Woodward, Captains George and
William, 484; Joshua, 531; The-
ophilus, 267.

Woodworth, Joel, 181, 220, 222.

Wright, Gen. Josiah, 49, 69, 73, 75-

6, 91, 140, 143, 147, 150, 175, 180,
181, 190, 191, 202, 220, 230, 236,
261, 294-5, 297, 310, 325, 334, 341-
343, 345; Peter, 67-69, 87, 90, 109,
117, 134, 141, 143, 145, 150, 161,
173, 185, 189, 191, 197, 200; Silas,
297; Solomon, 112, 118. 375, 403;
Zadock, 12.

Writs — against Patrick Conroy, 462;
against Conroy and Minard Yeo-
mans, 464.

Wyllys, Gen. Samuel, 463.

Wyman, Samuel, 175.

Yale College, 168.

Yeas and Nays, 149, 150, 185-7 242,

280, 309, 360, 389, 402, 414, 430-

432.
Yeomans, Minard or Michael, 462-

467.— Statement of, 462.
Young, 57; Alexander, 406-7; John,

407; Theodore, 126.

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