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Full text of "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. 



F41 

V5 



K 



:••.•:• 



■ 



P 



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, 13 th - October 1791. 

At a General Election Holden at Windsor on Thursday the 13 th day 
of October 1791. Present His Excellency Thomas Chittenden Esq r - 
Governor, His Honor Peter Olcott Esq r - 1> Governor, and the following 
members of the Honorable Council viz 1 - 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 M r - Safford, M r Brownson, M r Strong, M r - Tichenor, M r - Knoul- 
ton, M r Arnold & M r - 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 viz 4 - His Excellency Thomas Chittenden Esq r - Gov r - His 
Honor Peter Olcott Esq r - J> Governor, And the Honorable Samuel 
Safford Isaac Tichenor Jonathan Hunt John Strong Luke Knoulton 
Jonathan Arnold John Fassett Ju r - Jacob Bayley Timothy Brownson 
Ebenezer Walbridge Thomas Porter & Ebenezer Marvin 1 Counsillors, 
Hon ble - Samuel Mattocks Esq r - Treasurer. 

Adjourned to 9 °Clock Tomorrow. 2 



Friday, 14 th - October 1791. 

Met according to Adjournment. Present His Excellency Thomas 
Chittenden Esq r - Gov- His Honor Peter Olcott Esquire L* Governor 
and the following Members of the Honorable Council viz 4 - 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 M r Safford & M r - Knoulton join said Committee. 

Adjourned to 9 °Clock Tomorrow. 



Windsor 15 th - October 1791. 

Met according to adjournment. Present His Excellency Thomas 
Chittenden Esq r - Gov 1- - His Honor Peter Olcott Esquire L 1 - Governor 
and the following members of the Hon ble Council viz 1 - 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- W m - Sweetser Sheriff. 

A Message was rec d - from the House by M r - 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 Oct r - 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 17 th - October 1791. 
Met according to adjournment. Present His Excellency Tho s - Chit- 
tenden Governor, His Honor Peter Olcott Esq r - I> Governor and the 
following members of the Hon ble - 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- W m - 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 Esq r - 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 Hon ble 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 Hon bIe Moses Robinson Esq 1 "- was declared by a 
Majority of all the votes to be duly nominated the first Senator. 

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

A message from the House was rec d by M r - 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 Hon ble Samuel Knight was 
Elected chief Judge, and the Hon ble 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 18 th - October 1791. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor J> Governor Olcott, and the following Members 
of the Hon ble Council viz 4 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 rec d from the House Stating the 3 d - 4 th - & 6 th - 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 M r Marvin and M r Tichenor join said Committee. 2 

A bill from the house was rec d - on the 5 th - article of arangement for 
amending the Militia bill [act,] and a Committee appointed to join a 
committee of Council; Resolved that M r Walbridge and M r - 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 rec d - upon the 10 th - article in the arange- 
ment viz 4 - 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 M r - 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 Caston 1 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 M r - Marvin join 
said Committee. 

The Honorable Samuel Knight Esq r - 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 M r - 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 M r - 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- W m - 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 M r . Knoulton join s d - 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 M r - 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 20 th - October 1791. 
Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor L 4 - Governor Olcott, and the following members 

1 Casson in the Assembly Journal. 



8 Governor and Council — October 1791. 

of the Hon ble - 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- 
Will m - 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 M r - 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 M r - 
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 M r - 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 M r - Safford join said Committee. 

Adjourned to 9 °Clock Tomorrow. 



Friday 21*- October 1791. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor L l - Governor Olcott, and the following Members 
of the Hon ble - Council viz 1 - 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 M r - 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 M r - Ol- 
cott & M r - 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 22 d October 1791. 
Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor L l - Governor Olcott, and the following Members 
of the Hon ble - Council viz 1 - 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- W m - 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 M r - Tich- 
enor and M r ' 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 M r 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 M r - 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 M r - 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 24 th - Oct r - 1791. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor J> Governor Olcott, and the following members 
of the Hon ble - 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- W m - 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 M r - 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 M r Bayley 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 M r 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 Hon ble - 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- W m - 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 M r [Paul] Brigham of his being Elected a Member of Council, 
which being done M r - 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 26 th - October 1791. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor' I> Governor Olcott, and the following Members 
of the Hon ble - 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*- W m - 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 Esq rs - 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 p r - 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 M r 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 M r - 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 27 th - October 1791. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His Honor L 1 - 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 
M r 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 M r - Porter and M r 
Brownson join said Committee. 

Adjourned to 9 °Clock Tomorrow. 



Friday 28 th - October 1791. 

Met according to Adjournment. Present His Excellency Governor 
Chittenden, His honor L 1 Governor Olcott, and the following Members 
of the Hon ble - Council viz 1 - Timothy Brownson Jacob Bayley Thomas 
Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt 
Luke Knoulton Jonathan Arnold Ebenezer Marvin. Joseph Fay Secy- 
W m - 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.] Gov r - Marsh of £69 3 for money 
Services paid out during the late War having been before the Assembly 
and Committed to join a Committee of Council, Resolved that M r - 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 Hon ble Jonathan Arnold Esquire obtained Leave of Absence 
until Monday next. 



14 Governor and Council — October 1791. 

The Honorable Luke Knoulton Esq 1 "- Obtained Leave of Absence 
during the present Session. 

Adjourned to 2 °Clock P. M. . 

Met according to adjournment. 

An Act Laying a Tax of 2 d - on the pound on the Grand List of this 
State for y e 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 29 th - October 1791. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor Peter Olcott Esq r - L l Gov r - and the following 
Members of the Hon ble - Council viz 4 - Timothy Brownson Jacob Bayley 
Samuel Safford Thomas Porter John Strong Jonathan Hunt Ebenezer 
Walbridge Ebenezer Marvin. Joseph Fay ISecv- W m - 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 M r - 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 M r - 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 M r - Hunt join said Committee. 

A petition from Samuel Avery Esq r - 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 M r - Satford join said Committee. 

A petition from the Hon ble Jon a - Arnold Esquire praying for a dispen- 
sation of the Law for admitting Attorney 5 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 M r - 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 M r - Bay- 
ley & M r - 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 viz 1 - Timothy Brownson Jacob Bayley Samuel 
Safford Thomas Porter John Strong Ebenezer Walbridge Jonathan 
Hunt Ebenezer Marvin. Joseph Fay Secy- W m - Sweetser Sherriff. 

The Hon ble - 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 M r - 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 l 4 November 1791. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor J> Governor Olcott, and the following Members 
of the Hon blc - Council viz 4 - 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 Hon ble - 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 M r 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 M r - 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 Esq r - was declared to be duly Elected to Command the 6 th 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 Hon ble - 
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 Dec d - & 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 M r - Arnold 
join said Committee. 

Adjourned to 9 °Clock Tomorrow. 



Wednesday 2 d November 1791. 

Met according to adjournment. Present His Excellency Governor 
Chittenden — His honor U- Governor Olcott, and the following Members 
of the Hon ble - Council viz 1 - Timothy Brownson Jacob Bayley Thomas 
Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt 
Jonathan Arnold Ebenezer Marvin. Joseph Fay Secy- Benj a - 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 Rec d - 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 M r 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 Rev d - 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 p r - 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 p r - 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 p r - 
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 p r - acre of Land in Elmore, hav- 
ing passed the General Assembly, was read and Concurred. 

An act Granting a Tax of one penny p r - 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 p r - 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 Gen 1 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 attorney 8 
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 3 d November 1791. 

Met according to adjournment. Present as yesterday. 

An act laying a Tax of one half penny p r - 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 2 d p r - 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 Gen 1 - 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 p r - 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 Township 8 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 p r - 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 22 d Oct r - 1791. 

Then rec d - of John Kelly of the City of New York by the hands of 
Stephen Jacob & M r - 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 Exam d - & sent the Sec^- of State 

Abraham Brevoort by order of the Gov r - 

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 3 d day of Novem- 
ber following including boath days. 

Hon ble Peter Olcott Esq r - L 4 Gov- £16 10 8, Samuel Safford Esq r - 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 8, 
Ebenezer Marvin 8 10, Joseph Fay Secv- 11 8 0, William Sweetser 
Sheriff 6 13 8.— [Total] £127 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 11 th - 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 Hon ble - 
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 Gen 1 - 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, Mess rs - Arnold, 
Walbridge, Brigham, Safford, Porter, and Brownson. 

The Committee of both Houses Reported the following persons to be 
duly Elected, which are as follows, viz 1 - His Excellency Thomas Chitten- 
den Esq. Governor, His honor Peter Olcott Esq. L*- Gov. Hon ble - Samuel 
Mattocks Esq. Treasurer; Hon ble 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 12 th - October 1792. 
Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor L l - 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 Hon ble - Council viz*- Tim - 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 
-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 M r - Marvin join said Committee. 

The following requisition was rec'd from the Council of Censors now 
sitting in this place viz 4 - 

In Council of Censors Oct. 12, 1792. 

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

A True Copy. Attest Ros L - 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 13 th - October 1792. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor I> Governor Olcott, and the following members 
of the Hon ble - 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 
M r - Strong join said Committee. 1 

Hon ble 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 Mess rs - 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 Mess rs - Wal- 
bridge & Brigham join said Committee for the purposes therein men- 
tioned. 

A bill from the House was rec'd appointing Mess rs - 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 M r Saf- 
ford join said Committee. 

A bill from the House was rec'd appointing Mess rs - 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 M r - 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 Hon ble - Council viz*- John Fassett Thomas Porter Samuel Safford 
John Strong Eben r - Walbridge Luke Knoulton Jonathan Arnold Eben r - 
Marvin Paul Brigham. J. Fay Sec'J- Jon a - 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 Mess rs - Shumway, I. Smith & Olin 
a Committee to take under consideration the 12 th & 13 th 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 Mess rs - 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> Gov r - Olcott, and the following Members of the 
Hon ble - 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 Mess rs - 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 Gov r - to the Council & Assembly — Resolved that M r - Strong 
join s d 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, & Mess rs - Farrand, I. Smith, & E. Sheldon 
app d - a Committee to join a Committee of Council. — Resolved that 
Mess re - 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 17 th [October] 1792. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor L fc Governor Olcott, and the following Members 
of the Hon ble - 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 M r - Strong and M r - 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 M r - 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 
M r - 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, & Mess rs - Denison, Edson, 
Train, Nicholds & Emmons appointed a Committee to join a Committee 
of Council— Resolved that M r 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 & Mess rs - Hunt. Shumway & E. Robinson appointed to join a 
Committee of Council — Resolved that M r - 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 Mess rs - Shum- 
way, Hunt, & E. Robinson appointed to join a Committee of Council, 
Resolved that M r - 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 Col - 
Claghorn Commissioner, having been read in General Assembly, & 
Mess rs - 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 18 th October 1792. 

Met according to Adjournment. Present His Excellency Governor 
Chittenden, His honor I> Governor Olcott, and the following members 
of the Hon ble - 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 Hon ble Samuel Knight Esquire was duly Elected chief judge of 
the Supreme Court, and the Hon ble 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 Mess rs - 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 Hon ble 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 Hon ble 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 Mess rs - 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 
Mess r8 ' Safford and Marvin join said Committee. 1 

Adjourned to 9 °Clock Tomorrow. 



Friday 19 th - October 1792. 
Met according to Adjournment. Present His Excellency Governor 
Chittenden, His honor L*. Governor Olcott, and the following members 
of the Hon ble - 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 Doct r - 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 Mess rs - [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 Mess rs - 
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 Mess rs - Bigelow, Lynde, & Dana appointed 
a Committee to join a Committee of Council, Resolved that M r 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 & Col - 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 Mess rs - Olin, Bigelow, Fletcher, 
Sanders, & Williams, to join a Committee of Council, whereupon re- 
solved that Mess rs - Walbridge and Fassett join said Committee. 

A petition signed Jacob Sheldon praying for Compensation for his 
losses on ace 1 - of Land Bought of the State in Reuport, having been read 
in General Assembly & Committed to Mess rs - Field, Train, and Hub- 
bard to join a Committee of Council, whereupon Resolved that M r - 
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 M r - Porter 
join said Committee. 

An act restoring Benjamin Purdy Ju r - 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 Hon ble - Major General Samuel SarTord made a formal Resignation 
of the office of Major General of the 2 d - 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. 

Hon ble - 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 20 th October 1792. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, his honor If- Governor Olcott, and the following members 
of the Hon ble - 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 Mess rs - Arnold & Safford join said 
Committee. 

Adjourned to 9 °-Clock Monday next. 



Monday 22 d October 1792. 

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

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



Tuesday, in Council, 23 d October 1792. 

Met according to Adjournment. Present His Excellency Governor 
Chittenden, His honor I> Governor Olcott, and the following members 
of the Hon ble - Council viz 4 - 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 20 th - 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 2 d Division in this State in lieu of the 
Hon ble - Major General Samuel Safford Resigned. 

Resolved that the Rev d - Doct r - 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 M r - 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 M r - Tichenor 
Council [counsel] on the part of the State — and M r - Buck Council 
for M r - 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 Gov r - Chit- 
tenden, His honor U Governor Olcott and the following members of 
the Hon ble - Council viz 4 - Timothy Brownson John Fassett Thomas Por- 
ter Samuel Safford John Strong Ebenezer Walbridge Luke Knoulton 
Jonathan Arnold Ebenezer Marvin Paul Brigham. Joseph Fay Secy- 
Jon a - 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 M r 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 Hon ble - 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 viz f * 

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 Esq r - it 
being in full therefor, the same being receipted to said Avery. 

Samuel Mattocks Treas r - 
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 Esq 1- - 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] Esq 1- - was Elected 
Surveyor General for the year ensuing.— Isaac Tichenor Esq r . was 
Elected Major General of the 2 d - Division of the Militia of this State vice 
Gen 1 - 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 Mess 18 - 
Harvey, Thompson, and Greene, to join a Committee of Council, State 
facts and make report— Resolved that M r - 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 M r - 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 M r - 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 M r - 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 M r - 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 M r - Safford join said Committee. 

Adjourned to 10 °Clock Monday next. 



Monday 29 th - October 1792. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor L*- Governor Olcott & the following members of 
the Hon ble - 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 Mess rs - [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 
M r Olcott & M r - 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 Hon ble - Council viz 4 - Tim . 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 Ju r - 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 31 l - 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. 

Hon ble - 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 Mess rs - 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.] 
Govern 1 - Olcott join s d - Committee 

Adjourned to 9 °Clock Tomorrow. 



Thursday 1*- November 1792. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, his hon r - 1> Gov r - 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 2 d p r - 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 Esq r - £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 Mess rs - Olin, Lynde & Harvey to join a Committee of Coun- 
cil, Resolved that M r - Porter join said Committee. 

A bill from the House was rec'd appointing Mess rs - 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 M r Strong join said Committee. 

A bill from the House was rec'd appointing Mess rs - 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 M r - Safford join said Committee. 

Adjourned until 9 °Clock Tomorrow Morning. 



Friday 2 d Nov- 1792. 

Met according to adjournment. Present His Excellency Gov r - Chit- 
tenden, his honor L* Governor Olcott and the members of the Hon ble - 
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 2 d 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 3 d 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 
Hon ble - Council viz 4 - John Fassett Thomas Porter Samuel Safford John 
Strong Jonathan Arnold Ebenezer Marvin Paul Brigham. Jos. Fay 
Sec?- Jon a - 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 rec 1 - 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 viz 1 - 
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 Hon ble - Council viz 4 - 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 M r - Safford join s d 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 Prcs 4 - 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 viz 1 - 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 p r - acre in Wilmington read & 
Concurred. 

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

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

Adjourned to 9 °Clock Tomorrow. 



Wednesday 7 th - 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 s d - 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 Hon ble - 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 Rec 4 - 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 p r - acre in Richford read and 
Concurred. 

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

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

An act Granting a Tax of one penny p r - 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 2 d p r - acre in S L 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 2 d p r - acre in Grotton read & Concurred. 

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

An act Granting a Tax of 2 d p r - 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 10 th 
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 p r - 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 Esq r - he dilivering all rec ts - for Money 
paid Generals Safford & Strong ammounting to three hundred & ninety 
two pounds & one penny. £392 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 7 th - 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 money 8 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 Esq r - & 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 money 8 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 Esq r - 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 11 th - of October, and ending the 8 th - of November inclu- 
sive. 

His honor I> Gov- Olcott £23 8 4, Hon ble - 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 25 th - 1792, being two hundred and sixty four 
pounds, nineteen shillings and two pence, at Twenty four pounds p r - 
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 Rec d - from the Hon ble - John Jay Esq r - and John Cozine Es- 
quire by the hand of Josiah Armes Esq r - 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 7 th day of 
November last — for which money I gave a rec 4 - & duplicate of this date. 
Given under my hand this 28 th day of Dec r - 1792. 

Samuel Mattocks Treasurer. 
True Copy Exam d - 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 10 th - day of October A. D. 1793. Present His Excellency 
Thomas Chittenden Esq r - Governor — His honor Peter Olcott Esq r - L*- 
Gov. and the following Members of the Hon ble - 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- W m - 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 Mess rs - Safford, Brigham, Marvin, Strong, Porter, Fassett and 
Hunt. 

Adjourned to 2 °Clock P. M. 

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



Fkiday 11 th - October 1793. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor L*- Governor Olcott, and the following Members 
of the Hon ble - 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 viz 1 - His Excellency 
Thomas Chittenden Esq r - Governor, Peter Olcott Esq r - L*- Governor, 
Samuel Mattocks Esq r - Treasurer— and the Hon ble - 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. 

2 The 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> Gov r - 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. 

Hon ble - Gideon 01in*Esq r - 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 Mess rs - 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 Mess rs - Marvin and Brigham join said Committee. 

Adjourned to 8 °Clock Tomorrow. 



Saturday 12 th - October 1793. 

Met according to adjournment. Present His Excellency Governor 
Chittenden — his honor I> Governor Olcott, and the following members 
of the Hon ble 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 vacancy 8 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 M r - 
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 M r 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 M r - 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 M r - 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 M r> Marvin join 
said Committee. 

Resolved that M r - 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 14 th October 1793. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, His honor I> Governor Olcott, and the following members 
of the Hon ble 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 



x The 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 
M r 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 Mess rs - 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 M r Knoulton join said Committee. 

The following resolution of the Grand Committee was rec'd and or- 
dered to be recorded viz 1 - 

In Grand Committee 14 Oct r - 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 M r - 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 Hou ble - Council viz 4 - 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- W m - 
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 M r - 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 Money 8 paid for Armes during the War, having been read in Gen- 
eral Assembly & Committed to join a Committee of Council — Resolved 
that M r - 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 M r - Brigham join said Com- 
mittee for the purposes therein Mentioned, and make report. 

Hon ble - Jonas Galusha Esq r - appeared in Council & was duly qualified 
before the Gov r - and took his seat accordingly. 

Adjourned to 8 °Clock Tomorow. 



Wednesday 16 th - October 1793. 

Met according to adjournment. Present his Excellency Governor 
Chittenden, his honor L* Gov r . Olcott and the following members of the 
Hon ble - 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- 
W m - 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 Hon 1 - Samuel Knight Esq r - 
was declared to be duly Elected chief Judge, & the Hon ble - Elijah Payne 
[Paine] & Isaac Tichenor Esq 1 " 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 17 th October 1793. 

Met according to Adjournment. Present His Excellency Governor 
Chittenden, His honor L 1 - Governor Olcott, and the following members 
of the Hon ble Council viz f - 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- W m - 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 
Mess 1-8 - 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 M r 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 Ju r - 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 18 th - October 1793. 

Met according to Adjournment. Present His Excellency Governor 
Chittenden, His honor L 1 Governor Olcott, & the following members 
of the Hon ble - Council viz 1 - 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- W m - 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 2 d Division, when Col - Josiah 
Wright was declared to be duly Elected, and Eli Cogsell [Cogswell] 
Esq r - was declared to be Elected Brigadier General of the 4 th Brigade & 
Col - 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 s d - Barritt's Dwelling house, having been read in the House and 
Committed, to join a Committee of Council, Resolved that M r - 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 
M r - Oliu join s d 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 M r - Wal- 
bridge join said Committee. 

In Genekal Assembly 18 th - 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. 

Hon ble - 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 Esq r - 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 19 th October 1793. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, his honor j> Governor Olcott, and the following members 
of the Hon b,e - Council viz 4 - John Fassett Jacob Bayley Thomas Porter 
Samuel Safford John Strong Eben r - Walbridge Jonathan Hunt Luke 
Knoulton Eben r - Marvin Paul Brigham Jonas Galusha Gid n - Olin. Jos. 
Fay Secy- W ln - 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 Hon ble - Council, viz 4 - Jacob Bayley John Fassett Thomas Porter 
Samuel Saftbrd John Strong Eben r - Walbridge Jonathan Hunt Luke 
Knoulton Eben r - Marvin Paul Brigham Jonas Galusha Gideon Olin. 
Jos. Fay Secy- W m - Sweetser Sheriff. 

Hon b ' e - Samuel Mattocks as principle and the Hon ble - John Strong & 
N. Chipman Esq TS - 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 Gen 1 - 
Assembly was Read & Concurred. 

Adjourned to 9 °-Clock Tomorrow. 



Tuesday 22 d 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 Ju r - Esq r - seventeen hundred 
acres of Land & appointing a Committee to join a Committee of Council 
to assess the Granting fees thereon, read & Concurred, & M r - Marvin 
appointed to join the Committee of the House for assessing the fees. 

jj on bie. 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 23 d 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 M r - [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 Hon ble Council as 
usual — except M r - Galusha who obtained Leave of Absence last evining. 

An Act Granting to Eluathan Marvin £35 11 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 Esq 1- - 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 & Avery 8 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 25 th October 1793. 

Met according to adjournment. Present His Excellency Governor 
Chittenden, his honor I> Governor Olcott, and the following members 
of the Hon ble - 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- W m - 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 M r - [Noah] Smith to postpoon 
the Consideration of the petition until M r - 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 2 d p r 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 
Hon ble - 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 Gen 1 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 being returned from the House without Agreeing to 
the amendments of the Council, Resolved that M r - Olin be requested to 

x The 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 Mess rs - Olin & Marvin join said Committee. 

An act for raising a Tax of 2 d p r -' 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 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 Hon ble 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- W m - 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 M r - Brigham with proposals of amendment. 



J The 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 2 d on the 
pound read and Concurred. 

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

An act regulating Goals & Goalers was returned by M r - 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 29 th October 1793. 

Met according to adjournment. Present as yesterday. 

An act Granting 2 d on 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 M r - 
[Jonathan] Robinson staring the reasons why the House could not Con- 
cur with the amendments proposed. 

Adjourned to 9 "-Clock Tomorrow. 



Wednesday 30 th October 1793. 

Met according to adjournment. Present as yesterday. 

Hon ble - 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 2 d p r 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 
Mess rs - Olin, Strong, Marvin & Galusha join s d 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<jss rs - Olin, Marvin aud Kuoulton 
join s d Committee. 

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

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

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

An act appointing Audittors to settle with the States 8 Attorney 8 & 
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 2 d p r - 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 p r - acre in Bruns- 
wick & Minehead & 2 d 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 Hon ble Council viz 4 - 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- W m - 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 Ju r - to sell the real Estate, read and Concurred, with 
amendments. 

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

An act Granting a Tax of one penny p r 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 p r 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 viz 4 - that the name of Joshua Stanton be inserted 
in lieu of Stephen Pearl on ace*- of said Pearls being Sheriff of the 
County. 

The Hon ble 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 Mess rs - 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 p r - acre in Woodbury read & 
Concurred. 

Adjourned to 8 °Clock Tomorrow. 



Saturday 2 d 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 p r acre on [Middlesex] read 
& Concurred. 

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

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

An act Granting a Tax of one penny p r 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 2 d 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 Mess rs - 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 Mess rs - 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 p r 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 p r - acre in Philadelphia [part of 
Goshen and Chittenden.] read & Concurred. 

Adjourned to 8 °-Clock Monday next. 



Monday 4 th 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 Gen 1 - 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 M r - J. Robinson to join a 
Committee of Council to fill the blanks in the appropriation bill. — Re- 
solved that M r Galusha Join said Committee. 

Resolved that M r 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 10 
read & Concurred. 

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

An act Granting o Ebenezer Marvin Esq r - 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, W m - 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 Esq r - 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, Lieu 4 - 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 M rss - 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 Esq r - Gov r - 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 Me 88rs - 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 Esq r - 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 Esq r - Chief Judge, the 
Hon' ble Elijah Paine first assistant Judge & The Hon' ble Enoch Wood- 
bridge Esq r - second side or assistant Judge of the Supreme Court. 

The Hon' ble Jonathan Hunt Esq r - 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 Hon ble Jonathan Hunt Esq r * 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 M r - 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 M r - 
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 Esq 1 * 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 Esq r - Promoted. 1 The Hon ble 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 Mess rs - 
Bridgman, J. Robinson, Spooner, Davis, & Harvey to Join a Committee 
from Council, State facts and make Report. Resolved that M r - Brigham 
Join said Committee for that purpose. 

Adjourned to 2 Oclock afternoon. 

Met according to adjournment. 

The Hon' ble Thomas Porter Esq r - 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 Esq 1 "- was Duly nominated by a Majority of Votes 
and Declared accordingly. 

A Messuage from the House by M r 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 Esq r - 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 Esq r - 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 M r - 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 M r - 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 Mess rs - 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 M r - 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 M r 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 Esq r - and 
John Knickerbacor Esq r; 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 M r 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 M r - Safford in Lieu of M r - 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 Esq r - 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 Esq r - 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 M r - 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 M r 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 M r - 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, & M r - 
Spooner to Join a Committee of Council, State facts and make Report. 
Resolved that M r 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 M r - Saffbrd Join the above Committee. Resolved that M> Strong 
be released from the Lottery Committee agreable to his request and 
that M r 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 M r 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 Mess rs - J. Wright, Campbell, 
A. Spaffbrd, E. Robinson, Marshal Smith, W. Chamberlin, & J. Spaffbrd. 
Resolved that M r - 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 M r 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 M r 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 M r 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 
M r - 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 Esq r 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 M r - 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 M r - 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 Judg 1 * 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 M r 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 Lieuf f - 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 M r - 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 Lieuf n Governor & the Hon ble 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 Mess rs - 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 Esq r - 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 Esq r 
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, 
W m - 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 Esq 1- 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; 2 th 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 

a See 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 Esq r - 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. 

x The 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 





John Strong 


48 


22 


9 


6 





Ebenezer Walbridge 


58 


22 


9 


12 


8 


Luke Knoulton 


63 


22 


9 


16 





Ebenezer Marvin 


120 


22 


11 


14 





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 





Cornelius Lynde 


50 


22 


9 


7 


4 


& Elijah Robinson 




2 





14 





Esq' rs Councillors 












Truman Squier Secy- 


36 


13 


7 


1 





John Fay Dp- Secy- 


70 


10 


7 


5 


8 


Jonathan Bell Esq' r Sheriff. 




22 


6 


12 







£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 

x By 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. D M 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 ( u to 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 
Lieuf 4 - Gov r - 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 Sec r v- 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 Gen rl 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 Cap 4 - 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 Gen rl 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 

x The 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 & Norfolk 1 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.] Gov r Hunt & Gen rl 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 Mes res 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 Gen rl 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. 

J Here 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 
Frazer 8 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 

J This 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 Gen rl Ira Allen Esq 1 '- 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. G rl of his Office as such, which was Read and ap- 
proved of by the Gov nr - & Council &c. 

General Arad Hunt' 8 Letter of Resignation was taken up again and 
accepted by the Gov nr . 

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 Father 8 
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 & Gen rl 
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 Esqr s - & 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 Hon ble Isaac Tichenor Esq r - was Qualified to his Office as Cheif 
Justice by his Excellency the Gov r - 

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 Hon ble Enoch Woodbridge Esquire was Qualified to his Office as 
first side or Assistant Judge in the Superior Court; also the Honable 8 
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 &c l 

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 
Mess rs - 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 Esq r - 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 & 2 d &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 Mess rs - 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 Gould 8 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.] Gov 1r 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 Greensboro 1 &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. 



I From 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 Gov r - 
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. Gov r - 


Travel. 


Att. 








Jonathan Hunt 


55 


20 


19 


16 


8 


& the Honorable 












Samuel Safford 


90 


13 


8 


13 


9 


John Strong 


90 


20 


11 


15 





Ebenezer Walbridge 


90 


20 


11 


15 





Luke Knoulton 


48 


20 


10 


7 





Ebenezer Marvin 


150 


20 


13 


15 





Paul Brigham 


22 


20 


9 


9 


8 


Jonas Galusha 


85 


20 


11 


11 


8 


Gideon Olin 


87 


20 


11 


13 





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 





Esquires Councillors. 












Truman Squier Sec'ry 


70 


20 


11 


6 


8 


& William Sweetser Sheriff 


20 ' 


7 


10 






£173: 10: 

[170: 10: 1] 

Attest, Truman Squier Secretary. 

The End of Windsor Oct. Session for the year A. D. 1795. 

x The 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 Esq r - 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 Esq r - Gov- 
ernor — No Lieu' 1 Gov' r Chosen — The Hon. Samuel Mattocks Esq r - 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 Lieu n Gov 1r 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 Esq r - was elected 
a Councillor to fill the Vacancy of the Hon. Paul Brigham Esq. pro- 
moted, & the Hon. Isaac Tichenor Esq r - 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 M r 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 M r 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 M r - 
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 M r 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 Esq r - 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 Esq r - when the Hon. Nathaniel Chipman Esq r - 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 bj r the House Referred to Messrs. [Josiah] Fletcher, 
Jabez Foster, & Edson, to Join a Committee from Council, resolved that 
M r - 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 Esq r - 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 Gov r - & 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 

x The 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 M r - 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 Esq 1- - 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 M r 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 M r 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 M r " 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,] Eben r - 
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 M r 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 M r - 
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 Miles s &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 Finney 8 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 Esq r &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 W m - 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 Esq 1- - 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 Gov r - & 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, Sam 1 - 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.] Gov 1 "- 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 Hon bs 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 M r 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 
M r - 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] Gov r - 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, 
u as 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 Gov r - & 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 M r - Jacob be appointed to Join 
said Committee. 2 

The Gov r - & 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 Gov 1- - respecting Lord Dor- 
chester 8 Request read & Concurred. 1 

A Charter was made out in favour of Jonathan Parker Jun. Esq r - & 
Laid before the Gov r - 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 M r . 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 2 d 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 2 d on each acre of Land in S nt Albans &c. having passed the House, 
Read & Concurred. 

An act assessing a Tax of 2 d 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. 

M r Isachar Reed presented his bill for the use of his Chamber, Fire- 
wood, & Candles for the Gov r - & Council During the present Session 
which was £3: 12: — Read and approved of. 

An act empowering Grove Moore Esq r - & 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 M r 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 2 d 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 





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 







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, W m - 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.] 

Gen vl [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 M r 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 M r - 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 16 th 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 Gov nr 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 Mess rs - 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. Gov nr - 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 2 d 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 3 d 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 2 d instead of 3 d - 

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. 

x The 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 22 d 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, 
& M r - 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 27 th 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 Gen rl 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 21 st , 

9 



130 G-overnor and Council — March 1797. 

22 d & 23 d Sections &c. with a member to assign the reasons &c. Resolved 
not to Rescind & that M r 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 M r - 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 1 st & 2 d 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. Gov nr & Council [that] the Gen 1 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 W m - 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 W m - 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 4 th 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 Freemen s 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 6 th 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 Geu rl 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. Gov nr 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 9 th 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 21 st 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. Gov nr & 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 M r - 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 10 th 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 Hon ble 














Samuel Safford 


60 


6 


66 


25 


48 


66 


John Strong 


48 


5 


32 


20 


40 


32 


Luke Knoulton 


63 


7 





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 





25 


48 


75 


Samuel Williams 











25 


43 


75 


William Chamberlain 100 


11 


11 


25 


55 


75 


& Stephen Jacob 


45 


5 





25 


48 


75 


Esquires Councillors. 












Truman Squier #ec' 


ry 36 


4 





25 


60 


25 


& Jonathan Bell, Sheriff 








25 


37 


50 


M r - Isachar Reeds bill for his 


Chamber &c. 




14 






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 Hon bl 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 Mess rs - 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. Gov nr - & 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 W m - Andrews Late of Pawlett 
Deceased to sell real Estate &c. Read & by the House referred to Mess rs - 
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 Mess rs 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*- Gov r - 

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 M r - 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 Mess rs - [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 Esq 1 - His Honor the Lieut. Gov 1 - Paul Brigham Esq r - & the follow- 
ing Members of the Hon ble Council, Samuel Safford, John Strong, Luke 
Knoulton, Ebenezer Marvin, Jonas Galusha, Gideon Olin, Cornelius 
Lynde, Elijah Robinson, John White, Samuel Williams, W m - Chamber- 
lain, & Stephen Jacob Esq rs - Councillors, Truman Squier Sec'ry, & Lucius 
Hubbard sheriff, & Agreable to the Order of the Day the Gov 1nr & 
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 
Mess rs - 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 Mess rs . 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. Judd s 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. Judd 8 Petition, Resolved to Join accordingly. 

Adjourned Untill 9 Oclock to Morrow Morning. 

l Ln 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 Mess rs - 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 M r - 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 Mess rs - 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 Esq 1- - 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 Esq r - 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 Mess re - Cutler, J. Wright, Johnson, Weatherbee, & 
P. Wright, to Join such Committee as the Council shall please to Ap- 
point, Resolved that Mess rs - 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 Mess rs - Israel 
Smith, Chittenden, & Wing— Resolved that M r 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 Mess rs - 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 Gen rl 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 Esq r - 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: 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 Mess rs - J. Robinson, Cutler, [Israel] Smith, [Samuel Miller,] & 
Keys, to Join such Committee as the Council shall please to appoint, 
Resolved that M r - Strong be appointed to Join said Committee. 

The Hon. Samuel Mattocks Esq r . as principal and the Hon ble 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 Esq r - 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 Mess rs - Johnson, 
Brock, & Moore, to Join such a Committee as the Council shall please to 
Appoint, Resolved that M r - 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 M r - 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 9 th and L0 th Lines after the word money erase the 
words & also the sum of Twenty Eight Dollars in boarding said prison- 
ers, & the 15 th Line after the words One hundred erase the words Twen- 
ty nine and Insert the word "One." 

Adjourned L T ntill 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 2 d Brigade 2 d Division, and 
Samuel Strong of the 1 st Brigade 3 d 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 Mess rs - 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 Mess rs - Wait, Holmes, Wing, A. 
Chamberlin, Claghorn, Heald, C. Smith, Cutler, & Baker, Resolved that 
Mess rs - 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 Gen rL 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 Mess rs - 
J. Robinson, Wait, & Allis to Join such Committee as the Council shall 
please to Appoint, Resolved that M r 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 Mess rs - Israel Foster, 
P. Wright, & Cutler to Join a Committee from Council, Resolved that 
M r - 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 Mess rs - Sam' 1 Jewett, Fassett, & 
Walker to Join such Committee as the Council shall please to Appoint, 
Resolved that M r - 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 Mess rs - Moore, D. Jewett, Lothrop, Throop, Samuel Miller, 
[Asahel] Chamberlin, [Martin Chittenden,] Standley [Timothy Stanley,] 
& Holmes, &c. Resolved that M r Olin be appointed to Join said Com- 
mittee. 

The proposals of Mess rs - 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 M r - 
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, I s - 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 Mess rs - 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 
Mess rs - 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 Mess rs - I. Smith, Linsley, & 
Johnson, to Join a Committee from Council, Resolved that M r 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 Mess rs - 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 
M r Knoullon be Appointed to Join said Committee. 

The Hon. Jonas Galusha Esq r - 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 15 th 



Governor and Council — October 1797. 147 

Line after [of] the 1 st 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. 9 th 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 Mess rs - E. Wheelock, Johnson, & J. Whitney, to Join such 
Committee as the Council shall please to appoint &c. Resolved that M r - 
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 Mess rs - Curtis, Olcott, Wing, Chittenden, & J. Wright, Read & 
Resolved that M r 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 M r - Burnham, 
Hutchins & Shumway, Read & Resolved that M r - Strong be appointed to 
Join Said Committee. 

Resolved that M r - Robinson be appointed to Join the Committee ap- 
pointed on the Petition of Gen' rl Roger Enos Instead of M r - 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 Mess rs - 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 8 th [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 Line 1 
& 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 38 th 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 
Mess rs Robinson, Marsh, & Knight, Resolved that M r - 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 Esq r - to Do the State printing & Report their Opinion 
thereon, Members Chosen Mess rs - Olcott, Curtis, Morey, Wright, & 
Williams, Read & Resolved that Mess rs - 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. 

J Here is an omission in the record that cannot be supplied. 



Governor and Council — October 1797. 149 

being read & by the House referred to Mess rs - Johnson, Israel Smith, & 
Cahoon, to Join such Committee as the Council shall please to appoint, 
Resolved that M r - 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 Mess rs - Linsley, Lothrop, 
& Fassett, to Join such Committee as the Council shall be pleased to ap- 
point, Resolved that M r - 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 Mess rs - Knight, Burt, & Linsley, to 
Join such Committee as the Council shall please to appoint, Resolved 
that M r 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 Esq 1- - & 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 6 th Line in the 9 th Section after the word Counties Insert the 
words " Annually or Oftener if need be." On Motion of M r - 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, 
W m - 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 W m - 
Sweetser Esquire Late Sheriff of the County of Windsor &c. being read 
& by the House referred to Mess rs - J. Wright, E. Wheelock, I. Smith, 
Williams, Sam 1 - Miller, Keys, Sias, & Goodrich, to Join a Committee 
from Council <&c. Resolved that M r - 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 Mess rs - Chittenden, P. 
Wright, & Baker to Join such Committee as the Council shall please to 
Appoint, Resolved that M r - 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 M r 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, 
W m - 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 
Mess rs - 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 Mess rs - Hoit, I. Clark, & P. Wright 1 to Join such Com- 
mittee as the Council shall please to Appoint, Resolved that M r - 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. 26 th 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 s d 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 Mess rs - 
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 
Mess rs - 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 Mess rs - 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 M 1 '- 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 M r - 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 Mess rs - Burnham, Pearl, & 
Thompson to Join such a Committee as the Council shall please to 
appoint &c. Resolved that M r - 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 Mess rs - 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 Hon ble 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 M r - 
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. 1 st 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 Sam 1 - 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 Esq r - 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 
Mess rs - 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 M r 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 M r - 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 Gov 1nr & 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 Hon r,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 & M r 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 M r - W ms 
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 Esq r - & 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 Andrew s 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 
& W m - 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 & M r 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 — & M r 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 Mess rs - 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 Mess rs - Knight, Keyes, & P. Wright, to 
Join such Committee as the Council shall please to Appoint, Resolved 
that M r - 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 Hon rble Cornelius Lynde & Martin Chittenden appeared in Coun- 
cil and were Duly Qualified by his Excellency the Gov ?nr to their 
respective Office 5 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 & M r - 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 M r W ms - 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 M r - Marsh a Member with the adherence of the House 
&c. to their said act. 

A Bill repealing the 10 th 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 9 th 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 Hon rbIe 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 Mess rs - 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 Gov nr & 
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 & M r - 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 M r - 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 13 th - 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. 13 th - 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 12 th page 
33 section — 2 d 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 M r - 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 M r - 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 M r - Jacob shall the act be suspended untill next Session 
of the Legislature, Resolved to suspend said act accordingly. Mess rs - 
Safford, White, & Olin moved to have their Dissent entered Upon the 
Journals, which was granted. Resolved that M r - 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 Gov nr 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 Esq r - 


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 Esq rs - 





30 


52 


50 


Councillors. 










Truman Squier Secr'y 


60 


30 


67 


20 


& Lucius Hubbard Sheriff 


22 


30 


47 


64 


M r - W est's account for 










his Chamber &c. 








10 






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, M r - 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, 12 th Oct'- 1798, 9 O'Clock A. M. 

Met according to adjournment. Present, His Excellency, Isaac Tich- 
enor, Esq r - Governor, His Honor Paul Brigham, Esq r - 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 



x The 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 13 th - Oct 1 "- 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, Esq r - 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 Lieu 1 - Governor, took his seat. 

Adjourned Until 9 O'clock Monday Morning next. 



Monday, 15 th - Oct r - 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, 12 th - Oct 1 "-, 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 M r - Whitney by the fol- 
lowing note : to wit — 

m M r. Whitney,— On the resignation of M r - 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, M r Squier will continue to serve, 
until you shall have taken the necessary oaths. I. Tichenor. 

"In Council 12 th - 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 M r - Galusha join the afores d 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 M r 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 Oct r - 15 th - 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 15 th Oct r - 1798. 

The within being read, was referred to Mess rs - 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 M r - Todd do join in 
the afores d - 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 15 th 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 M c Gaffey, of Samuel Wyman, and of Na- 
thaniel Bishop, with the following order entered on each, Viz.. 

" In General Assembly 15 th 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 15 th OcL r - 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 jun r - was sent up from the house with this 
order entered thereon, Viz. 

" In General Assembly Oct r - 15 th 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 M r - 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 Oct r - 15 th 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 Oct r - 15 th 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 M r - Strong 
and M r Brigham do join the aforesaid committee. 

The following resolution was sent up from the house of representa- 
tives, Viz. 

" In General Assembly Oct'- 15 th - 1798. 
On Motion of M r 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, Sam l 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, 16 th Oct 1 "- 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 15 th Oct r - 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. 

Exam d - Attest SAM 1 '- 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 Oct r - 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- 15 th 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 15 th Oct r - 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 M r 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, Sam l - C. Crafts, Clerk." 

The said resolution being read, On Motion, Resolved, That M r - Jacob 
and M r - 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 Oct r - 15 th 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, Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r - 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. 

M r - 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- 16 th 1798. 

On consideration, Resolved, That this house non-concur with the 
preceding resolutions of Council. 

Attest, Sam l 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, Sam l - C. Crafts, Clerk." 
and M r - 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 16 th 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, Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r Todd 
and M r - 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, Oct r - 16 th - 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, Sam l - C. Crafts, Clerk." 

The said bill being read, On Motion, Resolved, That M r Robinson 
and M r - 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 Oct r - 16 th 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 M r - 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*- 16 th - 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, Sam l - 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 Oct r - 16 th - 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, 17 th - Oct r - 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, 18 th - 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, 19 th - Oct r - 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 M r - Brigham and M r - 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 16 th - Oct r - 1798. 

The within petition was read and referred to the second land-tax 
committee to state facts and make report. 

Attest, Sam l - 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 Oct r - 16 th - 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 16 th - 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, Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r - 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 Oct r - 16 th - 1798. 

The within petition being read, was referred to the third land-tax 
committee, to state facts and make report. 

Attest, Sam l - 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 Oct r . 16 th - '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, Sam l - C. Crafts, Clerk." 

The said resolution being read, On Motion, Resolved, That M r - 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'- 19 th - 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, Sam l - 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'- 19 th - '98. 
The within petition being read, was referred to the committee ap- 
pointed on the petition of Samuel C. Sheldon. 

Attest, Sam l - 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'- 19 th - 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, Sam l - 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'- 19 th - 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, Sam l - 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'- 19 th - 1798. 
Read and referred to Messieurs Cahoon, Lucas, and D e Forrest, to 
join a committee from Council, state facts and make report. 

Attest, Sam l - 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'- 19 th - 1798. 
The within was read and referred to the third land-tax committee, to 
state facts and make report. Attest, Sam l - 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, 20 th 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'- 19 th - 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'- 19 th - 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, Sam l - C. Crafts, Clerk" 



182 G-overnor and Council — October 1798. 

The said petition being read, On Motion, Resolved, That M r 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, Oct r - 19 th - 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, Sam l - 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 Jun r - 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 Oct r - 19 th - 1798. 

The within was read and referred to the committee on the petition of 
John Vance, to state facts and make report. 

Attest, Sam l - 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'- 19 th - 1798. 

The within was read and referred to the second land-tax committee, to 
state facts and make report. Attest, Sam l - 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 afores d - respectively. 

On motion of M r - 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'- 19 th - 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 4 th - land-tax committee,) 
to state facts and make report. Attest, Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r 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- 19 th - 1798. 

The within was read and referred to the 4 th land-tax committee, to 
state facts and make report. Attest, Sam l - 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 22 d 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 Oct r - 22 nd 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, Sam l - C. Crafts, Clerk.''' 

The petition being read, On Motion, Resolved, That M r - 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, Oct r - 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, Sam l . 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 jun r - to join from the Council. 

Attest, Sam l - 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- 22 nd - '98. 

Read and referred to Messieurs Bottom, Leavenworth and Storrs to 
join from Council, state facts &c. 

Attest, Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r - 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 Oct r - 22 nd '98. 

Read and referred to Messieurs Hunt, Hay and Wing, to join from 
Council, to state facts & c - Attest Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r - 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, Oct r - 22 nd '98. 

Read and referred to the 4 th - land-tax committee viz. W. Taylor and 
others, to state facts & c Attest, Sam l - 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, Oct r - 20 th - '98. 
The within was read and referred to the committee appointed on the 
petition of James Baylev, to state facts and make report. 

Attest, Sam l - 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 Oct r - 22 nd '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, Sam l - C. Crafts, Clerk:' 

The said petition being read, On Motion, Resolved, That M r - 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 Oct r - 22 nd '98. 
The within was read and referred to Messieurs Burt, Chipman and 
Jacob Smith to join & c - to state facts & c - 

Attest, Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion. Resolved, That M r - 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 Oct r - 22 nd '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, Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r - Strong 
do join the aforesaid Committee. 

The Council adjourned to 9 O'Clock To-morrow morning. 



Tuesday, 23 rd - 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, Oct r - 22 nd - 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 Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r - Cham- 
berlain do join the committee appointed by the house on the afores d - 
petition. 

The following resolution was sent up from the house of representa- 
tives, viz. 

" In General Assembly Oct r - 22 nd 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 

1 st 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. 

4 th - 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 M r - Jacob and M r - 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 23 ld Oct'- 1798. 

M r - 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 Oct r - 23 rd - '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 
M r - Brigham, M r - Marvin and M 1 - 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 24 th - 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 Oct r - 22 nd - 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, Sam l - 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. 

M 1 '• 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 22 nd 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 Oct 1 - 20 th 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 M 1 - 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, M r - Brigham, M r - Chamber- 
lain, M r - Jacob, M r - Knoulton, M r - Lynde, M r - Marvin, M r Robinson, 
M r Strong, M r - Smith, M r - Spencer, and M r - Todd. 

Those who voted in the negative are, M r Galusha and M r - 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 25 th 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, Oct r - 23 rd - '98. 

Read and passed, and directed to be sent to the Governor and Coun- 
cil for revision and concurrence or proposals of amendment. 

Attest, Sam l - 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 25 th - Oct r - '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, Sam l - C. Crafts, Clerk." 

The said petition being read, Resolved, That M r - 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 Oct r - 25 th - 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 M r - 
Lynde and M r 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 25 th - 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 M r - Jacob and 
M r - 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 M r - [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 Oct r - 25 th - '98. 

The within was read and referred to the 3rd land-tax committee, to 
state facts & c - Attest, Sam l - 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- 25 th 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, Sam l - C. Crafts, Clerk." 

The said bill being read, On Motion, Resolved, That M r Knoulton 
and M r - 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 Oct r - 25 th - 1798. 

Read and referred to the committee on the petition of James Bayley, 
to state facts and make report. 

Attest, Sam l - 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 Oct r - 25 th - 1798. 

The within was read and referred to the first land-tax committee, to 
state facts and make report. Attest, Sam l ' 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 Oct r - 25 th - 1798. 

Read and referred to the committee on the petition of John Vance, to 
join, state facts & c - Attest, Sam l - 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 Oct r - 25 th - 1798. 

Bead and referred to the committee on the petition of John Vance, 
to join, state facts and report their opinion. 

Attest, Sam l - 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 M r - 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, 26 th 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 M r - 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 Oct r - 25 th 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- 26 th - 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 M r - Safford and M 1 - 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. 

M r - 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 27 th - 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 27 th - Oct r - 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 M 1 '- Robinson and 
M 1 '- 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, Oct 1 "- 27 th - 1798. 

Read and referred to the committee appointed on the petition of 
William Page, to join, state facts and make report. 

Attest, Sam 1 - 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*"- 27 th - 1798. 

Read and referred to Messieurs Hoyt, T. Harrington, and P. Wright, 
to join, state facts & c - Attest, Sam l - C. Crafts, Clerk." 

The said petition being read, On Motion, Resolved, That M r 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- 27 th - 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, Sam l - C. Crafts, Clerk." 

M r - 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, 29 th Oct r - 1798, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

M r - 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 M r - 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 Gen 1 
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 Oct r - 27, '98. 

Read and referred to the committee appointed on the petition of the 
inhabitants of Thetford, to join, state facts & c - 

Attest, Sam l - 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 Oct r - 27 th - 1798. 

Read and referred to the committee on the petition of Andrew Dur- 
kee, to join, state facts, & c - Attest Sam l - 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*"- 27 th - 1798. 

The within was read and referred to the 4 th land-tax committee, to 
join, state facts and make report. Attest, Sam l - 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*"- 27 th - 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 Sam l - C. Crafts, Clerk.' 11 

The said Memorial being read, On Motion, Resolved, That M r - Brig- 
ham do join the committee appointed by the house thereon. 

M 1 *- Hunt, a member of the house of representatives, appeared in the 
Council Chamber and delivered this message, viz. 

'* May it please your Excellency — M 1 '- 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 M r - Chamberlain do join on the petition 
of the town of Randolph in the room of M r - 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, Oct r - 29 th 1798. 

Read and referred to the committee on the bill for a turnpike from 
Windsor to Burlington, to join & c - 

Attest Sam l - 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 Oct r - 29 th 1798. 

Report read and Ordered to be recommitted to the same committee to 
state facts & c - Attest Sam l - C. Crafts, Clerk." 

On Motion, Resolved, That the Council do concur in the afores d - pro- 
ceedings of the house thereon. 

M r - 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, 29 th - Oct r - '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. 

M 1 '- Robinson be requested to inform the Governor and Council the rea- 
sons of their nonconeurrence as aforesaid. 

Attest Sam l - C. Crafts, Clerk." 

M r - 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. 

M r 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, 30 th 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, 27 th - Oct r - 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'- 29 th - 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 Oct r - 30 th - '98. 

The vote dismissing the within petition was reconsidered, and Or- 
dered to be committed [to] Mess rs - Chipman, W. C. Harrington, Wing, 
Burnham and Bottom, to join a committee from council. 

Attest Sam 1 - C. Ckafts, Clerk. 1 '' 

The said petition being read, Resolved, That M r Brigham and M r - 
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'- 30 th - 1798. 

Read and referred to the committee on the petition of the agents of 
Salem, to join, state facts & c - Attest Sam l - 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- 30 th - 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 M r - 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, 31 st - Oct r - 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'- 30 th - 1798. 

Read and referred to Mess rs . Bradley, Hay and P. Wright, to join, 
state facts &'• Attest Sam l - C. Crafts, Clerk." 

The said resolution being read, Resolved, That M r 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 Lieu 1 - 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 4 th 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 S l 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 hum 1 Servant, 

Isaac Tichenor. 

" City of Vergennes, Oct 1 - 31 st - 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 Oct r - 31 s '- 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 M r - Todd and M r - 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- 31 st - 1798. 

Report read and recommitted to the same committee, to join, state 
facts & c - Attest Sam l - C. Crafts^ Clerk." 

The same being read, On Motion, Resolved, That the Council do con- 
cur therein, and that M 1 - Strong be joined to the said committee ap- 
pointed on the part of the house, in the room of M r - 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 Oct r - 19 th - 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. 

M r - 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, 1 st 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 31 st Oct r - 1798. 

Read and referred to Mess rs - 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 M r Todd and M r - 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 Nov 1- - 1 st - 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, Sam l - C. Crafts, Clerk.'''' 

The said bill being read, Resolved, That M r - Brigham do join the 
committee appointed by the House thereon. 

M r - 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 Nov 1 "- 1 st '98. 

Read and referred to Mess rs P. Wright, James Smith, and Jones, to 
join a committee from Council, to state facts and make report. 

Attest Sam l - C. Crafts, Clerk." 

The said petition being read, Resolved, that M r 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 u An 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- 1 st '98. 

Read and referred to Mess rs - Jacob Smith, Joshua Chamberlin, and 
Phinehas Williams, to join from council. 

Attest Sam l - 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 4 th 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'- 1 st 1798. 

Resolved, That the house of representatives do concur in the fore- 
going resolution. Extract from the journals. 

Attest Sam 1 - 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 29 th - 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 M r 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, 2 nd - November 1798, 9 O'Clock A. M. 

The Council met pursuant to adjournment. 

M r - 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 Nov r - 1 st - '98. 

Resolved, That the house do not reconsider the vote passing this bill, 
and that Mess rs - 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 Sam l - C. Crafts, Clerk.''' 1 

M 1 '- Chipman and M 1 - 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, 2 nd Nov r - 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, Sam l - C. Crafts, Clerk.- 1 

The said bill being read, Resolved, That M r Lynde and M r - 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, Sam l - C. Crafts, Clerk." 

The said resolution being read, Resolved, That M r - 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 Nov r - 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 M r Brigham and M r - 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. 3 d - 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 Sam l - C Crafts. Clerk." 

Whereupon Resolved, That Mess 8 - 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 M r 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 7 th 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 Sam l - C. Crafts, Clerk." 

The same being read, Resolved, That the Governor and Council con- 
cur therein. 

M r - 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," rec d - from the Council, after two 
several readings, was accepted, and is passed into a law of this State. 

Attest Sam l - 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 Sam l - 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 tow r n 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 6 th , 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. 

M r 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 5 th 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 M r - 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 M r - Robinson be the Commit- 
tee on the part of Council. 

Adjourned to 9 o'clock Tomorrow morning. 



Wednesday November 7 th - 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 Ju r - 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 M r - 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. M r - Spencer was appointed to carry said Resolution to the 
house. 

The resolution sent up on the 5 th - Ins*- relative to the houses of the 
legislature rising on the 7 th - Ins 1 - 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 7 th - day of Nov' r Ins*-" the words 
" Thursday the 8 th - day of Nov. Ins*-" be inserted in lieu thereof, and M r - 
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. 7 th , 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, Sam l - 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 6 th 
Ins*- with sundry proposals of amendment, was returned from the house 
by M r - 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, Sam l - C. Crafts, Clk." 

And M r - 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, Sam l - 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 M r - 
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, Sam l - 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. Mess 8 - Robinson, Duncan, Curtis, Witherell, Peters, Chip- 
man, Jones, Blanchard, and Danforth, were appointed a Com e - to join 
agreeably to the above resolution. 

Attest, Sam l - 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 M r - 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 Sam l - 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 8 th - 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 Nov r - 



Governor and Council — November 1798. 



211 



8 th , 1797."— The same being read. Resolved, To concur with the house in 
passing the said bills respectively. 

M r 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 M r - 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 Hbn ble 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 Esq r - late Sec^ 
To Abner Hawley for. wood and making fires 
" Justus Bellamy for use of Stove &c. 
" Additional sum to M r 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 Sam l - C. Crafts, Clk." 

M r - 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,] Sec y - 



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 Esq r - L* Governor, of the Council The Hon ble - 
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 Hon ble 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 Hon ble Abel Thompson Esq r - 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 24 th - 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 Hon ble John Strong Esquire was declared 
duly elected. 

The Council adjourned to 8 O'clock Tomorrow morning. 



Tuesday March 5 th - 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 M r 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 Hon ble Ebenezer Willson Esq r - 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 Hon ble 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 


Esq r - 


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 10 th - 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 Esq 1 "- LiW- Governor, of the Council The 
Hon ble - 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 10 th - 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, 10 th 1799. 

I hereby certify, that the Committee appointed by the house have 
been sworn to the faithful performance of their duty — by me, Sam l - 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 Spooner J s 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. 

M r - 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 Hon ble - 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 Esq 1- - is elected Governor — his Honor Paul Brigham Esq r - JJ- 
Governor — Samuel Mattocks Esq r - 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 11 th - 1799, 9 o'clock A. M. 

The Council met pursuant to adjournment, His Honor the L*- Gov- 
ernor in the Chair. 

M r - Elnathan Keyes, member of the house of Representatives, ap- 
peared in the council chamber, and delivered this message: 

" M r 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. 11 th - 1799. 
To the Hon 1 - 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 Ob 1 - 
and very humble servant, Rich d Whitney, 

Se&' to the Gov r - 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 L 1 - Governor in the Chair. M r - Todd, member of Coun- 
cil, appeared, and after taking the necessary oaths, was admitted to a 
seat. 

On motion of M 1 - 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. 12 th - 1799. 
Read and Referred to Mess 8 - Chipman, Burton, and Burt to join a 
Committee from Council to state facts and make report. 

Attest, Sam l - C. Crafts, Clerk." 

The said Petition, with the proceedings of the house thereon, being 
read, Resolved, That Mess 8 - Chamberlain and Jacob do join the Com- 
mittee afores d - 

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. 12 th - 1799. 
Read and referred to Mess 8 - Elias Keyes, Chipman, & Witherell, to 
join Committee from Council to state facts and make report. 

Attest, Sam l - C. Crafts, Clerk." 

The said Petition, with the proceedings of the house thereon, being 
read, on motion, Resolved, That M r - Knoulton and M r - 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 Mess 8 - 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, Sam l - C. Crafts, Clerk." 

The said Petitions with the proceedings of the house thereon being 
read, Resolved, That M r - 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 Mess 8 - Ormsby, Allen, Ward, Strong, Linsly, 
Walker, Rood, Roberts and F. Davis, to join a Committee from Council. 

Attest, Sam l - C. Crafts, Clerks 
The said Petition, and the proceedings of the house thereon being 
read, Resolved, That Mess 8 - 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 Mess 8 . Olin, Hunt, Hammond, Z. Curtis, John- 
son, Beardsley, and Sheldon, to join Committee from Council, to state 
facts &c. Attest, Sam l - C. Crafts, Glk." 

The said petition, with the proceedings of the house thereon, being 
read, on motion, Resolved, That Mess 8 - 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 Sam l - C. Crafts, Clerk. 11 

The said Petition, with the proceedings of the house thereon being 
read, Resolved, That Mess 8 - Todd and Miller do join the aforesaid Com- 
mittee. 

The Council adjourned until 10 O'clock Monday morning. 



Monday October 14 th - 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 Mess s - Bottom, Ward and Lyon to join Commit- 
tee from Council, to state facts &c. 

Attest Sam l - C. Crafts, Clerk.'''' 

The said Petition, with the proceedings of the house thereon, being 
read, Resolved, That M r - 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 Mess 8 - Stanton, Blake and Robinson, to join, 
state facts &c. Attest Sam l - C. Crafts, Clerk.'''' 

The said petition, with the proceedings of the house thereon, being 
read, Resolved, That M r - 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. 14 th - '99. 

Read and referred to the First land tax committee to join, state facts 
&c. Attest, Sam l - 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 Sam l - 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 Sam l - 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 M r 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, Sam l - 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. 14 th - 1799. 

The within petition and remonstrance accompanying were read and 
referred to the first land tax Committee. 

Attest Sam l - 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 M r - 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, Sam l - 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. 14 th - 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 Mess s - 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 Sam l - 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 M r - Miller 
be the Committee on the part of Council. 

The Council adjourned untill 9 O'clock tomorrow morning. 



Tuesday, October 15 th - 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 16 th - 1799, 9 o'clock A. M. 

The Council met pursuant to adjournment. 

M r - 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 Com e > 

Windsor Oct. 16, 1799. 

1 st - 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. 

3 rd - All nominations shall be made by his Excellency, and in his ab- 
sence by the Lieutenant Governor, unless otherways specially directed. 

4 th - No member of Council, in the minority of any vote or resolution 
determined, shall move for a reconsideration thereof. 

5 th ' 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. 

6 th - Every motion shall be reduced to writing, if it be requested from 
the Chair or by any member. 

7 th - 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. 

M r - Marvin stated to the Council, that M r - 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 M r Knoulton have liberty of absence, and that the 
same be entered on the Journals. 

On motion of M r - Strong, Resolved, that M r - Brigham be a Committee 
on the part of Council, to supply the place of M r Knoulton, on all peti- 
tions, and for all purposes, for which M r - Knoulton was chosen, previous 
to his having obtained leave of absence. 

His Excellency the Governor laid before the Council the following 
letter from the Hon le Benjamin Burt Esq r - 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. 

Oct 1 - 16 th - 1799. Benj a 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 Mess 8 - 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 Mess 8 - 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 Sam l - 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, Mess 8 - 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 Esq r * 
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 Sam l - 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 Mess 8 - Hinman, Hathaway and Storrs to join a 
Committee from Council, to be styled the Third lani-tax Committee, to 
state facts. Attest Sam l - C. Crafts, Clk." 

The said petition, with the proceedings of the house thereon, being 
read, Resolved, That M r - 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 Tho 8 - 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. 16 th - '99. 

Read and referred to the Committee appointed on the petition of the 
inhabitants of Tinmouth, to join, state facts &c. 

Attest Sam l - 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. 

M r - 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 Com e - 
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, Col 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 Esq r - was declared duly elected. The Committee 
having dissolved, the Governor and Council returned to their Council 
chamber. 

His Excellency the Governor laid before the lion 1 - 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 M r - 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 Theo 8 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 M e Daniels 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 Sam 1 " 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, Oct r - 17 th - 1799. 

Read and referred to Mess 8 Wait, Williams, Cutler, G. Olin and Cur- 
tiss, to join a Committee from Council, to state facts &c. 

Attest Sam l - C. Crafts, Clerk." 

The said petition, with the proceedings of the house thereon being 
read, Resolved That Mess s 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 Oct r - 14 th - 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, Sam l - 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 18 th - 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 Benj a - 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, Sam l - 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 
Nath 1 - 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, Sam 1 - 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 Mess 8 - Stanton, Witherell and P. Davis, to join 
a Committee from Council, to report by bill or otherways. 

Attest Sam l - C. Crafts, Clerk: 1 

The said petition, with the proceedings of the house thereon, being 
read, Resolved, That M r Strong do join the aforesaid Committee. 

The petition of James Whitelaw Esquire, Agent for the proprietors of 
Salem, by vote, and for Charles Adams Esq r - 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. 16 th - 1799. 

Read and referred to Mess 8 - 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 Mes 8 - 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 Mess s Chipman, Williams and G. Olin, to join 
a Committee from Council, to state facts &c. 

Attest, Sam l - C. Crafts, Clerk" 

The said petitions with the said proceedings thereon being read, Re- 
solved, That Mess s Chamberlain and Jacob "do join the afores d - 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, 18 th 1799. 

Read and referred to Mes s - Hay, A. Barlow & Wright, to join a com- 
mittee from Council to state facts &c. 

Attest Sam l - C. Crafts, Clerk." 

The said petition, with the above proceedings thereon, being read, 
Resolved, That M r - 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 Mes s - Bradley, E. Wheelock, P. Smith, S. Per- 
kins, Linsley, Johnson and Blanchard to join a Committee from Council 
to state facts & c - Attest Sam l - C. Crafts, Clerk." 

The said petition and the above proceedings thereon being read, Re- 
solved, That Mes s - Brigham and Todd do join the afores d - 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 19 th - 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 Sam l - 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 Mess s - Hathaway, A. Wheelock, E. Wheelock, 
Cobb and Stanton to join a Committee from Council, to state facts &c. 

Attest Sam l - C. Crafts, Clerk." 

The said petition, with the proceedings of the house thereon being 
read, Eesolved, That M r - 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, Sam l - 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- 21 st - 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 Sam 1 -- 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 Gen 1 - Ira Allen, 
dated at Paris 23 Aug 4 - 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 22 nd - 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. 

M r - 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. 27 th - 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 M r 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 
M r 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 Mess 8 - G. Olin, Blake, Williams, Burton, Chip- 
man, El n - Keyes, Sias, and Hathaway, to join a Committee from Council 
to state facts &c. Attest, Sam 1 - 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 Mes s - Spencer and Todd do join the 
afores d - Committee. 

The Council adjourned to 9 O'clock Tomorrow morning. 



Wednesday October 23 d - 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 rec d - in Council, on which 
was a report in favor of the prayer of said petition, which had been 
accepted by the house on the 21 l - 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. 

" M r - 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. 

M r 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 M r - Chipman be requested to wait on the Council, and state their 
reasons. Attest Sam l - C. Crafts, Clerk." 

M r - 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 M r - Safford, Resolved, That he have leave of absence 
during the remainder of the session, after tomorrow noon next. 

On motion of M r 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 22 d - 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 " 

Sam l - 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. 24 th - 1799. 

On motion, Resolved, that M r Storrs be released from serving on the 
third land tax Committee, and that M r - Ellsworth be appointed in his 
room. Attest Sam l - 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 6 th - day of Nov r - 1798," was sent up from the house, 
with the following entrv made thereon : 

" In General Assembly, Oct. 23, 1799. 

Read and referred to Mes s - Bradley, Hunt, Harrington, I. Smith, S. 
Pond, El n - Keyes, Fiske, Bean and Hathaway, to join a Committee from 
Council, to examine into the expediencv of amendments proposed and 
report. Attest " Sam l - C. Crafts, Clerk." 

The said bill, with the proceedings of house therein, being read, Re- 
solved, That M r 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 Mess 8 - Chipman, Elias Keyes and G. Olin to join 
from Council. Attest Sam l - C. Crafts, Clerk." 



Governor and Council — October 1799. 235 

The said bill, with the proceedings of the house thereon, being read, 
Resolved, That Mess s - 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'- 22 nd - 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 Esq r - 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 M r 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 M r 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. 24 th - '99. 
Read and referred to Mes 8 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 Sam l - C. Crafts, Ulerk." 

The said bill, with the proceedings of the house thereon, being read, 
Resolved, That M r Knoulton do join the aforesaid Committee. 
M r - 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 25 th 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, Oct r - 24, 1799. 

Read and referred to Mes 8 - D. Sheldon, Hammond, Burton, Burnham, 
and Storrs, to join and report their opinion thereon. 

Attest Sam 1 - C. Crafts, Clerk." 

The said bill, with the proceedings of the house thereon, being read, 
Resolved, ThatMess 8 - 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 M r Knoulton join a Committee appointed 
on the petition of the proprietors and landowners of the town of Willis- 
ton, in the room of M r - 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. 25 th - 1799. 

Read and referred to Mess 8 - Bean, Linsley and E. Stevens to join a 
Committee from Council, to be amended. 

Attest Sam l - C. Crafts, Clerk." 

The said bill, with the proceedings of the house thereon, being read, 
Resolved, That Mes s - Knoulton and Strong do join the aforesaid Com- 
mittee. 

M r - 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 
— Mess 8 - 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 Mess 8 - 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 Sam l - C. Crafts, Clerk." 

The said bill, with the proceedings of the house thereon, being read, 
Resolved, That Mes 8 - 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 26 th - 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. 25 th - 1799. 

Resolved, That M r Shumway, M r - Harrington and M r 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 Sam l - C. Crafts, Clk." 

The said resolution being read, Resolved, that M r 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 Sam l - 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;" u An 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 5 th - line, and insert the words " the same n in lieu thereof. 

The Council adjourned untill 10 o'clock Monday morning. 



Monday October 28 th - 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. 

M r - Todd asked permission to lay on the table the following resolu- 
tion, viz. 

In Council, Oct. 28 th - 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 13 th - 



Governor and Council — October 1799. 239 

and 14 th - 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 M r - 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. 28 th - 1799. 

Read and referred to Mes s - Williams, Linsley and Cahoon, to join a 
Committee from Council, to state facts &c. 

Attest Sam l - C. Crafts, Clerk." 

The said bill, with the proceedings of the house thereon, being read, 
Resolved, That M r - 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. 27 th - 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 Brig d - 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, W M Chamberlain. 

His Excellency Isaac Tichenor Esq r -" 

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 Gen 1 - W m - Chamberlain, whose resignation 
has been accepted by the Captain-General. 

M r - Robinson, a member of the house, appeared in Council and re- 
turned the bill, Entitled " An act for the relief of Jon a - 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. 28 th - 1799. 

Resolved, that the house do not concur in the amendments proposed 
by the Governor and Council, and that M r - Robinson be requested to 
wait upon the Governor and Council and state the reasons of the non- 
concurrence as aforesaid. Attest Sam l - C. Crafts, Clerk." 

M r - 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 Gen 1 - Chamberlain, was returned 
from the house concurred. 

The Council adjourned to 9 O'clock tomorrow morning. 



Tuesday, October 29 th - 1799, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

M r - 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 M r 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 Hon 1 - Zebina Curtiss Esq r - 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 30 th - 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, M r - Jacob, M r Spencer, and M r 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 Sam l - 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. 30 th - 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 D r - Witherell, D r - Porter, D r - Perkins, D r . Flagg 
and D r - Eaton, to join a Committee from Council to state facts &c. 

Attest Saml. c. Crafts, Clerk." 

Which was read, and Resolved, That D r - Marvin and D r - 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 M r Jacob were as follows : Yeas, 
Mes s - Brigham, Allis, Bridgman, Jacob, Knoulton, Marvin, Miller, Rob- 
inson, Spencer, Strong and Todd — so it passed unanimously in the 
affirmative — Mes s - Chamberlain and Safford being absent with leave. 1 

The Council adjourned until 9 O'Clock tomorrow morning. 



Thursday October 31 st - 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. 

M r 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 15 th - line erase the word "improvements;" and in the Sa- 
line erase the word "improvements;" and in the 35 th - line erase the 
words "and improvements;" in the 37 th - line erase the word " improve- 
ments" and insert in its place the word "Betterments;" in the 48 th - line 
erase the whole after the word "That;" erase the whole of the 49 and 
50 th - lines, and the whole of the 51 st 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. 31 st - 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 M r - Marvin, Resolved, That M r - Marvin and M r . 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 M r 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 2 d - line of the 2 nd 
Section, after the words " Roger Enos," insert the words " of Col- 
chester." 

Resolved, That M r 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. 31 st - 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 31 st - 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 Sam l - 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 1 st - 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. 31 st - 1799. 

The within communications were read, and referred to Mess 8 - 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 Sam l - C. Crafts, Clerk." 

The said Documents and message being read, Resolved, That Mess 8 - 
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. 31 st - 1799. 

Read and referred to Mes 8 - 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 Sam l - C. Crafts, Clk." 

The same being read, Resolved that M r 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 M r - 
Todd for revision. M r - 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, M r 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 Ent d - [' 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. 

M r - 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 s d - 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 Sam 1 " C. Crafts, CZerfc." 

The Council adjourned untiil 9 O'clock tomorrow morning. 



Saturday. November 2 nd - 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 7 th - line, add the words " of Stowe," and after the name 
"Isaac Chamberlin" in the 8 th - line, add the words "of Richmond," 
and after the name "Joshua Chamberlin" in the 12 th - 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 
M r - Jacob do carry down said bill and state to the house the reasons for 
such amendments. 

M r - 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 Ju r - 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 Mess 8 - 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 Oct 1 "- 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 M r 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 Sam l - C. Crafts, Clerk." 

The same being read, Resolved, That M r - 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 a An 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 Sam l - 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. 

M r - 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 M r - 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 4 th - 1799, 10 O'clock A. M. 

The Council met pursuant to adjournment. 

M 1 - 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 2 nd - Inst, with this entry made 
thereon: 

" In General Assembly Nov 2 d - 1799. 

The amendments proposed to the bill Entitled " An act for the pur- 
pose of settling disputes respecting landed property," were read, the 
1 st - 2 d - & 3 rd - amendments were concurred, the last being read. Resolved, 
that the house do not concur in the said amendment, and that M r 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, M r 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, Mess 5 - 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 S 4, 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 M r - Todd be requested to wait on 
the house, with the said bill, and state the reasons of such amendment. 

M r - Chipman, member of the house of Representatives, returned a bill 
Entitled u An act to repeal an act passed in Oct r - 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 
M r - Chipman be requested to return this bill to the Council, and state 
the reasons of the nonconcurrence as aforesaid. 

Attest Sam l - C. Crafts, Clerk." 

And after stating the reasons for the same, M r - 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 M r Knoulton and Brigham for further amend- 
ment. 

M r - 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 Sam 1 - 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- 
boro 1 " [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 M r - 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 2 d - Section, and insert in lieu thereof the word 
" three;" and M r - Jacob requested to inform the house of the reasons for 
the same. 

On motion, Resolved, That M r Miller be appointed a Committee to 
make out and receive the Debenture of Council. 

On motion, Resolved, That M r - 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. 

M r 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. 

M r - 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, Nov 1- - 4, 1779. 

Resolved, That the house do not concur in the said resolution, and 
that M r Witherell wait upon the Governor and Council and inform them 
of the reasons of their nonconcurrence. 

Attest, Sam l - C. Crafts, Clerk." 

M r - 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 3 rd line 
of the 1 st 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 M r - 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 5 th - 1799, 9 O'clock A. M. 

Council met pursuant to adjournment. 

On motion of M r - 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 2 nd - 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 M r Todd for amendment. M r - Todd 
reported sundry amendments, which were read and accepted, whereupon 
Resolved, To concur in passing said bill with the said proposals of 
amendment, and M r - Todd was appointed to inform the house of the 
reasons of Council in proposing them. 

Resolved, the house of Representatives concurring therein, that M r - 
Brigham and M r - 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 M r - G. Olin, M r Butler, M r Harrington, M r - Shumway 
and M r - Porter do join the aforesaid Committee. 

Attest, Sam l - 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. 4 th - 1799. 

The house have concurred in the amendments proposed to the bill 
Entitled " An act establishing a County Grammar School at S 4 - 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 Sam l - 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 M r Todd with 
proposals of amendment, which were read and Concurred. 

Attest, Sam l - C. Crafts, CZfc." 

M r 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 M r 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, Sam l - C. Crafts, Clerk:'' 

And after stating the reasons of the house, M r - 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." 

M r - 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 9 th - 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. 5 th - 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 Sam l - 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. 

M r 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 s d - Com e - " 

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 M r Todd appointed to acquaint the house with the reasons of Coun- 
cil in proposing the same. 

M r - Blake, member of the house, returned the appropriation bill with 
this order of that body on the same, viz. 

" In General Assembly, Nov. 5 th - 1799. 

The within amendments, so far as it respects the extra Session of 
Council, concurred, and the remainder nonconcured, and M r Blake ap- 
pointed to return the same to Council and state the reasons. 

Attest, Sam l - 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. M r - Todd appointed to ac- 
quaint the house with the same. 

M r 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 Esq r - 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 



M r - 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 M r - Lyon. 

Attest, Sam l - 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. 

M r - 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, M r - Robinson, M r Knoulton, M r Chamberlain, M r Miller and 
M r - 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. 

M r - 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, L 1 - 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 10 th - 1800, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

M r 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. 

M r - 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 11 th - 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 M r - Robinson, M r - S. R. Bradley, M r - Witherell, Mr- 
Jacob Smith, M r - Chipman, M r - Niles, M r Hay, M r - Beardsley, M r - E. 
Sheldon and M r - 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 Sam l - C. Crafts, Clerk pro tern." 

Which resolution being read and considered, Resolved, That M 1 '- 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 Mess 8 - 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 
M r - Galusha do join the afores d - 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. 10 th - & 11 th - 1800. 

Read and referred to the first land tax committee to state facts &c. 
Attest Sam l - 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 Mess 8 - 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 M r Safford and M r 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 14 th 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 Mess 8 - 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 M r - 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. 13 th - 1800. 

Read and referred to Mes s - 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 M r 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. 11 th 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 Mess 8 - G. Bradley, D. Jewett, Train, Russ, 
Hanks, Curtiss, El n - 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 M r 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 M r - 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 Esq 1 "- had a majority of all the votes. The 
ballots being taken for the first assistant Judge and examined, The 
hon'ble Lot Hall Esq r - hnd a majority of all the votes. The ballots being 
taken for the Second Assistant judge and examined, The hon'ble Noah 
Smith Esq r - 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. 

M r - 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 M r 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 Clk 11 

The aforesaid resolution being read and considered, Resolved that the 
Governor and Council do not concur therein. Ordered, That M r 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 16 th - 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 17 th - 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. 

M r - 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 5 th - Instant. The ballots being taken and exam- 
ined, The hon'ble Elijah Paine Esquire had a majority of all the votes. 

M r - 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 Esq r - 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 Esq r - 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 Jun r - 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, El n - 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 M r Spencer and M r - 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 Mess 8 - 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 M r - Chamberlain do join 
the aforesaid Committee. 
The Council adjourned untill 9 O'clock tomorrow morning. 



Saturday, October 18 th - 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 — Mess 8 - Witherell, 
El n - Keyes and Bottom. Extract from the Journals. 

Attest, Nathan Osgood Clk." 

Which resolution was read, and it was Resolved, That M r - Strong and 
M r 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. 

M r - El n - Keyes, member of the house of Representatives, appeared in 
the Council Chamber and delivered this message: "M r - 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 S 1 - 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 M r - 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 Mess 8 - 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 M r 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 M r 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 Mess 8 - 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 M r 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 Mess 8 - 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 M r - 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 Mess 8 - 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 M r - 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 S 4 - 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 Mes 8 - 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 M r - 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 20 th - 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 8 th . 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 Mess 8 - 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 M r - 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 Mess 8 - 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 M r - 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. 20 th ' 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, Mess 8 - Chipman, El n: Keyes, Barlow, Crafts, 
Beardsley, Ja s - 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 M r - 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, 
Mess 8 - D. Sheldon, Henry, Flagg, Elias Keyes and Sam 1 - 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 M r - 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 Rich d - H. Huntley, W m - 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 Esq r - 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 M r - 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 Mess 8 - 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 M r - 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 Esq r - His Excellency in the Chair — The Secretary of 
State Clerk. The ballots being taken and examined, The hon'ble Ben- 
jamin Burt, Esq 1 '- had a majority of all the votes — when John Chipman 
Esq 1 *- Sheriff of Addison County, by public proclamation, declared the 
s d - Benj a - 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 Esq r - 
inform him of his election as Councillor, and request his attendance as 
soon as possibly convenient. 

Resolved, That M r 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 M r - Safford be appointed as above on the Petition of 
Jacob Davis. 

The Council adjourned untill 9 O'clock Tomorrow morning. 



Wednesday, October 22 d - 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 M c Gaffey 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. 

M r - Spencer stated to the Governor and Council that in consequence 
of the death of the hon'ble Samuel Williams Esq r - 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 23 d - 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 s d - 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 24 th - 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— Mess 8 - Butler, Safford, Stanley, Bliss, Spooner, Ja 8 - 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 Mess 8 - 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 18 th - 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 M r 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 25 th - 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 M r - Marvin, Resolved, That he have leave of absence 
untill Thursday evening next. 

On motion of M r - Todd, Resolved, That he have liberty of absence 
during the remainder of the Session. 

A bill passed in the house of Representatives, Entitled u An 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 L 4 - 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 28 th - 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 31 st - 1799," 
was sent up for revision &c. and being read, Resolved, That it be referred 
to M r - 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 M r - 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 Mess s - 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 M r - 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 s d - 
Miller being a single man and the wife of his s d - neighbor a delusive bad 
character, he was discovered in bed with her, and on trial for the s d - 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 s d - 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, M r 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. 

M r - 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 29 th - 1800, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The Petiton of Charles Hawkins Ju r - 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 M r - 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 M r - 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 M r - Spencer, Resolved, That no direct order or resolve be at this time 
taken on said bill, and that M r 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. 29 th - 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 — 
Mess s - Hay, El n - Keyes, and Burton. Extract from the Journals. 

Attest Nathan Osgood Clerk.'' 1 

Which was read, & Resolved, That M r - 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 — Mess 8 - 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 M r - 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 Mess 8 - Jacob, Chamberlain, and 
Galusha to report thereon by amendment or otherwise as they shall 
think fit. 

A bill, Entitled u An 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 Mess 8 . Slade, D. Sheldon and G. Olin, to join 
Committee from Council. Attest N., Osgood Clerk." 

Which was read, & Resolved, That M r 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 30 th , 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: 

u In General Assembly Oct. 30 th - 1800. 

Bead and referred to Mess 8 - Hay, E. Sheldon and Chipman to join a 
Committee from Council, to state facts and make report. 

Attest X. Osgood Clerk." 

Kesolved, That M r 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 M r - 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 M r 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 Esq r - 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 31 st - 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 1 st - 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 1 st - 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 M r Miller and M r - 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 M r 
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 3 rd - 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 M r - Marvin, Resolved, That he have liberty of absence 
during the remainder of the Session, and that his debenture be passed 
at 41 82 lioo 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 M r - 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 M r - Jacob, were as follows: Yeas — 
Mess 8 - Brigham, Chamberlain, Miller, Allis, Spencer, Burt and Strong — 
7. Nays — Mess 8 - Safford, Robinson, Galusha, and Jacob — 4: so it passed 
in the affirmative, and M r - Spencer was requested to carry s d - Bill to the 
house & inform them thereof. 

Adjourned to 9 o'clock tomorrow morning. 



Tuesday November 4 th - 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, M r - 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, M r . 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 M r - Jacob 
for amendment, who reported the same with amendment, which was ac- 
cepted & Resolved, To concur in passing said bill as amended, & M r 



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 M r - 
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 M r 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;" u An 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 M r Spencer was appointed to inform 
the house of the reasons of the Council for their nonconcurrence. 

M r - 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 M r - 
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, M r - 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 M r - Jacob for 
amendment. 

M r 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 Mess 8 - Brigham & Galusha for 
amendment. 

On motion, M r - 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 Mes s - Spencer & Robinson 
for amendment. 

M r - 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 Mess 8 - 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, M r 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. 

M r 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 M r - 
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 M r - Burt for amendment. 

Adjourned to 9 O'clock tomorrow morning. 



Thursday, November 6 th 1800, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The following message was rec d - 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." 

Mess 8 - 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 M r - 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. 

Mess 8 - 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. 

M r - 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 M r 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 M r 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, & M r 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 31 st 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 29 th - 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 31 st - 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 M r - 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 30 th - 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 M r 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 k An 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 M r - Chamberlain 
appointed to inform the house of the reasons of Council for the same. 

Resolved, That M r - Miller make out the Debenture for the present 
session. 

M r 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 29 th - line of the 7 th - 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 7 th - Ins 1 - 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 Esq r - 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 Ju r - 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 M r - Jacob appointed to in- 
form the house of the reasons of Council in proposing the said amend- 
ments. 

On motion of M r - 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 Esq r - 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 M r - Galusha, Resolved, The General Assembly con- 
curring therein, that M r - 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. 

M r 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. 

M r - Miller reported the debenture of the L 1 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 M r 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 M r - 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. 

M r - El n - 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, & M r 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, M r - 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 Esq r - late Judge of Probate 
for said District— Present His Excellency Isaac Tichenor, Esq 1 "- Gover- 
nor, His Honor Paul Brigham, Esq r - L l - Governor, of the Council The 
Hon 1 - 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 Esq 1 '- 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 Esq r - 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 M r - 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, M r - Robin- 
son, M r - Spencer, M r - Marvin, M r - Chamberlain, M r Allis, M r - Galusha, 
M r - Burt and M r 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. M 1 . 

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 L 1 - 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. Eben r - Marvin for Com e - 

Newbury Oct. 8 th - 1801." 

The same being read, Josiah Edson Esq r - 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 9 th - 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 9 th - October 1801. 

Sir — By the report of the Committee appointed to receive, sort and 
count the votes for Governor, L fc 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. 

Rich d - 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 M r - 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 M r 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. Tho s - Tolman Clerk pro tem." 

And M r 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. 

M r - 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 W m - 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 Mess s - Ormsby, Allen, Shaw, A. Stevens, 
Painter, Jon a - Fiske, B. Harrington, Gaboon, Farnsworth, Crafts & 
Wetherbee, to join a Committee from Council, state facts &c. 

Attest Tho s - Tolman Clk pro tem." 

And the same being read, Resolved, That M r - White do join the 
afores d - Committee. 

Adjourned to 9 O'clock Tomorrow morning: 



Governor and Council — October 1801. 293 

Saturday October 10 th - 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 12 th - 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 M r - Jacob, Resolved, That the Debenture of M r - Spencer 
and M r - Burt, late members of Council, be made up as follows : M r - 
Spencer 80 miles Travel 9.60, 2 Dys attendance 3.00, $12.60 ; M r - 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 Ja s - 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 2 d - Brigade in the 2 d - 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 13 th - 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 M r - 
Strong and M r - 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 rec d - 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 33 d - Section of the Constitution of this State, 
to join a Committee from Council. Members chosen, — Mess 8 - 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 Ja s - Elliot Clerk." 

The same being read Resolved, That M r - Robinson join the aforesaid 
Committee. 

The following resolution was received from the house : 

"In General Assembly Oct. 12 th - 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 — Mess 8 - Robinson, Roberts, Flagg, Leland, Tarbox, 
Painter, Lord, Bottom, Chapin, Sheldon & Wetherbee. Extract from 
the Journals. All. Ja s - Elliot Clerk." 

The same being read, Ordered, That M r . Marvin and M r - 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 Mes 8 - Wright, Roberts, T. 
Harrington, Spooner, Rich, Jon a - Fisk, Dunbar, Stanley & Williams, to 
join a Committee from Council. Extract from the Journals. 

Attest Ja s - Elliot Clerk." 

The same, with the several petitions alluded to, being read, Ordered, 
That M r - 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 M r - Theophilus Harrington, M r - Richards and M r 
Olin. On motion added M r - Shafter and M r - Ormsby, to join a Committee 
from Council, state facts &c. Attest Ja s - Elliot, Clerk." 

And the same being read, Ordered, That M r - 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. Ja s 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 Ja s - 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 Mess 8 - Linsley, Theo 8 - Harrington, Wing, Olcott, 
and Hinman, to join, state facts &c. together with a remonstrance to 
said Petition. Attest Ja s - Elliot Clerk." 

And the same being read, Ordered, That M r 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 M r Buel, M r Sanderson, M r - Butler, M r Veal, 
[Vail,] & M r Dunbar, to join a Committee from Council, state facts &c. 

Attest James Elliot Clerk." 

And the same being read, Ordered, That M r - 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 M r - Wright, M r - Hunt, M r - Hammond, M r - Elias 
Keyes, M*- Rich, M^- Hatch, M*- Wait, M 1 - Elkins, M^- Janes, M«-- Hin- 
man and M r - Beach, to join a Committee from Council to examine the 
Militia law. Attest Ja s - 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, 
Mess 8 - Wright, Henry, Chipman, Strong, Linsley, Niles, B. Harrington, 
Wing, Farnsworth, Stanley and Dana. 

Attest Tho s ' Tolman Clk. pro tern." ' 



296 Governor and Council — October 1801. 

And the same being read, Ordered, That M r - 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 M r - Wheelock, M r - Baker, M r - Spooner, M r - Chip- 
man, M r - Ja s - Eiske, M r - Burnham, M r - Elkins, M^- El n - Keyes, M r - Hin- 
man, M r - Janes and M r Beach to join a Committee from Council. 

Attest Ja s - Elliot Clerk." 

And the same being read, Ordered, That M r 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. M r - 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, M r - Ja s - Fisk, M r - Lyon, M r - Butler and 
M 1 '- Rich. Extract from the Journals. 

Attest Ja s Elliot, Clerk." 

And the same being read, Ordered, That M r - Galusha and M r - Mar- 
vin join the afores d - 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, M 1 '- Clark. M r - Wright, M r - 
Spooner, M r - T. Harrington, M r - Ja 8 - Fisk, M r - Linsley, M r - Wing, M r - 
B. Harrington, M r - Stanley, M r - Pomeroy and M r - De Forrest. Extract 
from the journals. Attest Ja s Elliot, Clerk.''' 

And the same being read, Ordered, That M r - 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, M r - Jos. Clark, M r - Crane, M r - Emmons, M r - Ferguson, M r - 
Goodale, M r - Lyon, M r - Bliss, M r - Larabee, M r - Chapin and M r - Will- 
iams. Extract from the Journals. Att. Ja s Elliot, Clerk." 

And the same being read, Ordered, That M r - 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, M r - Tay- 
lor, M r - Bradley, M r - Prentiss, M 1 Marsh. M r - Wheatley, M r - Wright, 
M r - Vincent, M r - Law, M 1 - Stanley, M r - Dana and M r Sheldon. Ex- 
tract from the Journals. Attest Ja s Elliot, Clerk." 

And the same being read, Ordered, That M r 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 M r Chipman, M r Shaw, M r - David Sheldon, M r - 
Crafts, and M r - 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 Ja s - Elliot Clerk." 

The said petition being read, Ordered, That M r - 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. 

M r - 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. 

M r - Robinson, member of the house, appeared in the Council Chamber 
and delivered this message: 

a May 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 Esq r - 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 Esq r - had a majority of all the votes as a Senator in Con- 
gress in the room of the hon'ble Elijah Paine Esq r - and [he] was 
declared duly elected on the part of this house, and, on motion, M r - 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. 

M 1 - 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 Esq 1 '- 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 M r - Watkins, M r - Hunt, M r - Chipman, M 1 - 
Cleaveland, M r - Rich, M>- Tarbox, M r - Hay, M r - Wing, M r - Sheldon, 
M r - Strong, and M 1 '- Weatherbee, to join such Committee as the Coun- 
cil shall appoint, to state facts & make report. 

Attest Ja s - Elliot, Clerk." 

And the same being read, Ordered, That M r - White and M r - 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. 14 th - 1801. 

Read and referred to M r - Wait, M r Shaw, and M> Hatch, to join a 
Committee from Council, to state facts &c. 

Attest Ja s - 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 M r - Mar- 
vin and M r - 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 2 nd - line of the 2 nd - Section, and the residue of said Sec- 
tion be erased. 

The Council adjourned untill 9 O'clock Tomorrow morning. 



Friday, October 16 th - 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 Ja s 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. 

M r - 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 17 th - 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. 

M r - 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 M 1 • Chittenden do serve on said 
Petition in his room. 



Governor and Council — October 1801. 301 

The Petition ofW m - 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. 16 th - 1801. 

Read and referred to the Committee on the Petition of John Ellsworth 
and others. Attest Ja s 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 Ja s - 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 Ja s - 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 M r - 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. 14 th 1801. 

Read and referred to the Second land tax Committee. 

Attest Ja s - 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 rec d - from the house with this 
order thereon: 

" In General Assemblv Oct. 13 th - 1801. 

Read and referred to the Third land Tax Committee. 

Attest Ja s 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 M r - White and M r - Loomis, to report amend- 
ments. 

M r - 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 Ja s - 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 Esq 1 *- 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 Ja s - 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 Ja s - 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 Ja s - 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 
Esq r - 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. 

M r - 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. 

M r - Miller laid before the Council sundry papers relative to the Grant 
of lands made to Nathan Fisk Esq r - and Company and George Duncan 
and Company, made Oct. 26 th 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 Esq r - 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 19 th - 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 M r - 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 
2 nd - 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: 

u In 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 Ja s 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 Jun r - 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 M r - 
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. Ja s - 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 M r - Galusha and M r - Chittenden to take the same under consideration 
and report thereon. 

M r - 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 s d - report, Ordered, That the 
same be again referred to an additional Committee, and M r - White was 
appointed. 

The Council adjourned untill 9 O'clock Tomorrow morning. 



Tuesday, October 20 th - 1801, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

M r - 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, M r - White and M r - 
Marvin. 

M r - 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 s d - 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, M r - 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 M r - Allis to examine the same and report their 
opinion thereon. 

The Council adjourned untill 9 O'clock Tomorrow morning. 



Wednesday, October 21 st - 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. 

M r - 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 M r - 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. 21 st - 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 Ja s 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 22 nd - 1801, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The following resolution was received from the house : 

" In General Assembly Oct. 22 d - 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 Ja s - 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 M r - D. Sheldon, M r Henry, M r - P. Smith, Mr- 
Williams, M r - Holley, M r - Niles, M r - Butler, M r - Elkins, M r - Dana, 
M r - Strong and M r - [S. B.] Sheldon to join such Committee as the Coun- 
cil may appoint. Att. Ja s - Elliot Clerk." 

And being read, Ordered, That M r 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 M r - 
Galusha appointed to carry said Bill to the house & inform them of the 
reasons of Council in proposing the s d - amendment. 

On motion of M r - 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 4 th - 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 Nov r - 8 th - 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 3 rd - 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 23 rd - 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 
— Mess 8 - Martindale, Noyes, Shaw, Elias Keyes, Speaker, Hatch, Bost- 
wick, Crafts, Dana, Holmes and Wing. Extract from the Journals. 

Attest Ja s Elltot Clerk." 

The same being read Ordered, That M r Chamberlain and M r - 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 M r 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 
Esq r - 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 M r - Olin with this order 
thereon: 

"In General Assembly Oct. 23, 1801. 
, Read and nonconcurred, and M r - Olin was appointed to return the 
resolution to the Governor and Council and assign the reasons of the 
nonconcurrence of this house. Att. Ja s - Elliot Clk." 

And M r - 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. 8 th - 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 : 

"l Bt - 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 M r - Marvin, Those who voted in the affirmative 
were The L*. Governor, M 1 - Chittenden, M r - Galusha, M r - Loomis, M r - 
SafFord, M r - Spooner, and M r - White. Those who voted in the negative 
were M r - Allis, M r - Chamberlain, M r - Marvin, M r - Miller, M r - Robinson, 
and M 1 - 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, M r . Wing, M r - Hatch and M r - Chipman. Ex- 
tract from the Journals. Attest James Elliot CZerfc." 

And the same being read, Ordered, That M r - Spooner join the afore- 
said Committee. 

The following resolution was sent up from the house: 

" In General Assembly Oct. 23 d - 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 Ja s - 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 24 th - 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 Esq r - 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 Jun r - 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 M r - Peters, M r Niles, M r Hammond, M r - W. 
Strong and M r Spooner to join a Committee from Council, to sit next 
week on Saturday. Att. Jas. Elliot, Clerk." 

And the same being read, Ordered, That M r - Chamberlain & M r - 
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 24 th - 1801. 

Read and referred to the 2 nd - land tax Committee. 

Att, Ja s 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 — Mess 8 - J. Wright, Hunt, Rich, Jones, Beach, 
Chipman, Elias Keyes, Hatch, Elkins, Hinman and Wait, Extract from 
the Journals. Att. Ja s 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 26 th - 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: 

u In General Assembly, Oct. 26 th - 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 Ja s - 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 S 4 - 
Albans," was sent up for revision &c. & being read, Ordered, That it be 
referred to the L* Governor and M r - 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 M r 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 u An 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 M r - 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 27 th - 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. 

M r 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 M r - 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 M r Chamberlain and M r - 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 28 th - 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 M 1 - El n - Keyes, M r - Theo 8 - 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 7 th - 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 M r - 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, M r 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 M r - Galusha and M r - 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 M r - Safford and M r 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 18 th - line of the 1 st - 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 M r - 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 M r 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 29 th 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, M r - 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 M r - Marvin and M r - 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. 

M r 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 30 th - 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 M r 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, M r - 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. 

M r - 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 M r Galusha directed to carry down 
said bill and inform the house of the reasons of Council in proposing 
the said amendments. 

M r 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. 

M r - 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. 30 th - 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 Ja s Elliot Clerk." 

The Council adjourned uutill 9 O'clock Tomorrow morning. 



Saturday, October 31 st - 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 4 th - line of the last proviso, and insert the 
word " this " in lieu thereof. And M r - 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 M r - 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 M r - 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 2 nd - 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 M r - 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 1 st and 4 th - Sec- 
tions, and then Resolved, To concur in passing the said bill as amended, 
and Ordered, That M r - 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. 2 d - 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 Ja s - 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 M r Galusha, J> Governor, and 
M r - Robinson. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. 

The following resolution was rece d - 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 Ja s - 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. 

M r - 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 M r - Shaw was appointed to 
carry up the bill and assign the reasons of nonconcurrence. 

Att. Ja s - Elliot Clerk." 

M r 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 M r - 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 3 d - 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 
5 th 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 8 th 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, M r - Linsley, M r El n> Keyes and M r - Niles. Extract 
from the Journals. Attest Ja s - Elliot Clerk." 

And the same being read, Ordered, That M r - Chamberlain and M r - 
Spooner do join the afores d - 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 M r - 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 M r - Strong and M r - 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 Ja s 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 Ja s Elliot Clerk:' 

The Council adjourned untill 9 O'clock tomorrow morning. 



Wednesday, November 4 th - 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 Gene 1 - 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 Gov r - 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 M r - Chipman, M r - Theo 8 - 
Harrington and M r Witherell to join such Committee as the Council 
may appoint, to sit immediately, state facts, and make report. 

Attest Ja s - Elliot Clerk:'' 



Governor and Council — November 1801. 321 

And the same being read, Ordered, That M r - Galusha and M r - Cham- 
berlain join the aforesaid Committee. 

On motion, M r - 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 Ja s - 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 3 rd - 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. 4 th - 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 Ja s - Elliot Clk." 

The Council adjourned to 9 O'clock Tomorrow morning. 



Thursday, November 5 th - 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 Ja s 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. 

1 st - 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. 

2 nd - 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. 

3 rd - 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 Ja s - 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 M r 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 M r - 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 4 th - 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. 28 th - 
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. 

M r - 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 6 th - 1801, 8 O'clock A. M. 
The Council met pursuant to adjournment. 

On motion, Resolved, That M r - 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. 

M r - Theo 8 - 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. 

M r - 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> Gov r - 
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 Ja s - 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 Esq 1 '- 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. 

M r 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 L 1 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 Esq 1- - 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 — M r - Marvin, M r - Robinson, M r - Safford, M r - Strong, M r - 
Galusha, M r - Allis and M r - Spooner. And the said Committee were 
severally sworn to the faithful performance of their trust.