YALE UNIVERSITY LIBRARY 3 9002 05820 5395 YALE UNIVERSITY LIBRARY l:n.,UyIBSo2l i::tr.J i RECORDS OF THE GOVERNOR AND COUNCIL OF THE STATE OF VERMONT. TOLUME Y. EDITED AND PUBLISHED BY AUTHORITY OF THE STATE By E, P, "WALTON. MONTPELIER: STEAM PEESS OP J. & J. M. POLAND. 1877. co:n^tbnts of volume v. I. PORTRAIT of Gov. Jonas Galusha, frontispiece. IL RECORD of the GOVERNOR AND COUNCIL, Twenty- Eighth Council, Oct. 1804 to Oct. 1805 1-55 Twenty-Ninth Council, Oct. 1805 to Oct. 1806 56-99 Thirtieth Council, Oct. 1806 to Oct. 1807 100-146 Thirty-First Council, Oct. 1807 to Oct. 1808 147-185 Thirty-Second Council, Oct. 1808 to Oct. 1809 186-237 Thirty-Third Council, Oct. 1809 to Oct. 1810 238-278 Thirty-Fourth Council, Oct. 1810 to Oct. 1811 279-313 Thirty-Fifth Council, Oct. 1811 to Oct. 1812 314-343 Thirty-Sixth Council, Oct. 1812 to Oct. 1813 344-386 III. APPENDIX A. — Governor's Speeches to the Gen- • ERAL Assembly, 1804 to 1812 387-411 Of Gov. Tichenor in 1804, 387— extract from reply thereto, 388; in 1805, 389— reply referred to, 391; in 1806, 391— reply referred to, 393; in 1808, 396 — extract from the reply. &c., 398. Of Gov. Israel Smith in 1807, 393— reply referred to, 396. Of Gov. GalusSa in 1810, 402— reply referred to, 405; in 1811, 405 — reply referred to, 408; in 1812, 408 -reply referred to, 411. IV. APPENDIX B.— Amendments to the Federal Con stitution 412-422 Proposition to exclude slaves in the apportionment of Rep resentatives iu Congress, 412. To prevent the importa tion of Slaves, 415, To limit the jurisdiction of Federal Courts, 416. For removal from office of Judges of the Federal Courts, 418. For removal from office of United States Senators, 420. To limit the power of Congress as to acts of Embargo, 420. For a tribunal to determine disputes between the General and State Governments, 421. To prevent the acceptance of office from foreign Governments by citizens of the United Slates, 421. V. APPENDIX C— State Capitals, and State-Houses.. .423-442 Places of sitting of the General Assembly and of the Gov ernor and Council at special sessions, from 1778 until 1808, 423-4: Rutland and "Windsor State Capitals under the act of 1791, 423-4; Montpelier the State Capital sub sequent to 1807, 424-427; act making it the permanent Capital, 427; proposed removal from, 431-434; the flrst State-House at Montpelier, history, description, and en graving of, 427-431; the second State-House at Mont pelier, history, description, and plate of, 434-439 — destruc tion of, 439— engraving of the ruins facing page 442; the third State-House at Montpelier, history and engraving of, 440-442. VI. APPENDIX D.— The Vermont State Bank, 1806 to 1812 443-451 Demand for private banks rejected, 443; act establishing a State Bank, 444 ; history of, 446-451 ; act to close the Bank, 449. iv Contents. VII APPENDIX E.— The Northern Boundary-Line of Vermont .- • -Vo'^'; Letter from Gen. Philip Schuyler to Gov. Tichenor in 1804, 452; act to ascertain the boundary line, 454; appointment of Rev. Dr. Samuel Williams as Commissioner, and his Report, 454; the matter referred to the President, 455; action under the treaty of Ghent, 456; the true line still unascertained, 456. VIIL APPENDIX F. — Addresses of the General As sembly to Presidents of the United States., .457-465 To Prest. Jefferson in 1806, 457— his reply, 468; in 1807, 459; his reply, 460. To Prest. Madison in 1809, 461; his reply, 463; Declaration to, Oct. 13 1812, 464. IX. APPENDIX G.— The State Prison 466^71 Proposals for and report on, 467; act for constructing, 468 ; Commissioners to construct, and their report, embracing a description of the flrst prison, 469 ; statistics, 1809 to 1876 inclusive, 471, X, APPENDIX H.— British Intrigue in Ne"w England, 1809 472-499 The Embargo in Vermont, 1808 to 1812 472^78 Letters of Prest. Jefferson on the enforcement of the em bargo, 473; his circular on the same subject, 477 ; ex citement in Vermont, and murders in the Black Snake affair, 474-476. The Craig-Henry Correspondence in 1809 478-499 Message of Prest. Madison communicating it, 478; the Brit ish policy in 1809 identical with that of the Haldimand Correspondence of 1780-83, 479 ; John Henry to the President, 479; Gov. Craig employs Henry — his instruc tions and credentials, 480-482 ; Henry's Letters from New England to Gov. Craig, 482-494; documents prov ing the complicity of the British home government in this affair, 494-498; report of U. S. Secretary of State on Henry's letters, 498; report of Coramittee on For eign Relations, 498; extract on from the manifesto on the war of 1812, 499. XI. APPENDIX I. — Domestic Manufactures in Ver mont, 1809 500-501 Resolution to wear domestic cloths 182 XII. APPENDIX J.— Correspondence between Got. Tichenor of Vermont and Gov. Craig of Canada in 1809, on the suppression of counterfeiting in Canada. 502-504 Gov. Tichenor to Gov. Craig, 502; Gov. Craig to Gov. Tich enor, 503; Josiah Dunham to Gov. Tichenor, and Gov. Tichenor to Gov. Galusha, 504; Dunham's mission suc cessful, 505. XIII. ADDITIONS AND CORRECTIONS 406-546 Origin and Causes of the Union of New Hampshire To"WNS -with Vermont in 1778 and 1781 506-543 See General Index, Union, Eastern, for documents. Letter of Gen. David Wooster to Col. Seth Warner Jan. 1776, 544; miscellaneous additions and corrections, 544- 546. XIV. GENERAL INDEX 547 TWENTY- EIGHTH COUNCIL. OCTOBER 1804 TO OCTOBER 1805. - Isaac Tichenor, Bennington, Governor. Paul Brigham, Norwich, Lieut. Governor, Councillors : Samuel Safford, Bennington, Nathaniel Niles, "West Fairlee, Jonas Galusha, Shaftsbury, John "White, Georgia, Beriah Loomis, Thetford, Noah Chittenden, Jericho, Eliakim Spooner, "Westminster, James "Witherell, Fairhaven, Asaph Fletcher, Cavendish, Elias Keyes, Stockbridge, Samuel Shepardson, Guilford, Ebenezer "Wheelock, "Whiting. "William Page, Jr., Secretary. Aeunah "W. Hyde, Sheriff.^ POLITICAL NOTE, The Councillors are the same as in the preceding year, Spooner^s Ver mont Journal embraced the above list of Councillors in the " Washing ton and Jefferson Ticket" previous to the election, and on printing the result, Oct, 16 1804, commented thus: The increase of Republican principles in this state far exceeds our expectation. Last year the difference between the lowest Republican candidate for Councillor, andthe highest Federal, was 300 votes: This year the difference is 2000 — notwithstanding we have a Federal Governor. The Windsor Federal Gazette, of Aug. 21 1804, placed the name of Jonas Galusha at the head of " Federal Nominations," as did also The (Brattleborough) Reporter of September 1 1804, and the result showed 'Mr, Hyde is supposed to be the son born to Capt, Jedediah Hyde and Mary "Waterman, at Norwich, Conn,, Sept, 21 1768. Capt. Hyde resided in Pawlet and Poultney from about 1782 until 1788, when he removed to Hydepark. Castleton is .supposed to have been the resi dence of Sheriff Hyde. — See Vt. Historical Magazine, Vol. 2, pp. 635 and 636. 1 2 Political Note. that Mr. Galusha received 3010 votes more than the highest candidate on the Jeffersonian Republican ticket. The Federal candidates for ex ecutive officers were Isaac Tichenor for Governor, General Zebina Curr tis for Lieut. Governor, and Benjamin Swan for Treasurer; and the Republican candidates were Jonathan Robinson for Governor, Paul Brigham for Lieut. Governor, and "William Hunter for Treasurer. No detailed statement ofthe votes has been found, but The Reporter of Oct. 20 1804 gave the following: For Governor, His Excellency Isaac Tichenor, Votes duly returned 8075, do. not do. 31 towns 721— Total, 8796. Hon. Jonathan Robinson, Duly returned 6184, 7 towns not do. 481— Total 6665. Majority for I. Tichenor. 2131. Lieutenant Governor, His Honor Paul Brigham, Majority nearly 4000. Benjamin Swan Esq. Treasurer, Majority over 4000. Councillors, G. [ Jonas ] Galusha highest, 8064. E. ELeyes, next highest, 5054. A large majority of the representatives, chosen at the same election, were Jeffersonians. The Jeffersonian majorities, on the ballot in joint committee for Presidential Electors, ranged from 41 to 81. The ballot for the fourth Elector, which was nearest to an accurate test, resulted as follows: "Nathaniel Niles, repub. 125, David Wing, jun. fed. 31, Scat tering 13 — Majority for Mr. Niles, 81." Mr. Wing's vote was the high est given for a Federal candidate. ' "While it is evident that the Jeffersonians had the control of the state, it is remarkable that Gov. Tichenor, who was an avowed Federalist, re ceived 732 more votes than Jonas Galusha, who was on the ticket of each party; Benjamin Swan, who was on the Federal ticket only, had a majority nearly double that of Gov. Tichenor; and Paul Brigham, who was on the Jeffersonian ticket only, had a majority nearly as large as Mr. Swan's. The conclusion is, that a large part of the people did not consider themselves bound by party considerations alone in the election of their chief executive officers. The electoral ticket, referred to above, was agreed to in a caucus of the Republicans in the General Assembly. A ticket for Governor, Lieut. Governor, Treasurer, and Councillors, to be supported by the Jeffersonian Republicans at the election in 1805, was also agreed to in caucus. See Spooner^s Vermont Journal for Nov. 6 1804, and Aug. 6 1805. ' Weekly Wanderer [Randolph] for Nov. 12 1804. RECORD OP THE GOVERNOR AND COUNCIL AT THE SESSION OF THE GENERAL ASSEMBLY AT RUTLAND, October, 1804. State of Vermont, ss. A Journal of the Proceedings of the Gov ernor and Council of the State of Vermont at their Session begun and holden at Rutland within and for said State on the eleventh day of Oc tober being the second Thursday of that Month, in the year of our Lord one Thousand eight Hundred and four, and of the Independence of the United States the Twenty-ninth, on which day the General Assembly were convened, pursuant to .the Constitution and Laws of this State — Present, His Excellency Isaac Tichenor Esq'- Govei-nor, His Honor Paul Brigham Esq'-- L'- Governor; of the Council the Hon''''' Samuel Safford, Jonas Galusha, Eliakim Spooner, Noah Chittenden, John "White, Beriah Loomis, Ebenezer "Wheelock. Asaph Fletcher, James "Witherell & Samuel Shepardson Esquires. "William Page Jun'- Secretary; Aru- nah W. Hyde Esq^^- Sheriff of Rutland County. The Sheriff was directed to inform the House of Representatives that a quorum of the Couucil had convened nnd were ready to join with the House in fulfilling the purposes for which the}' have met. The following Resolution was received from the House of Represent atives: "In General Assembly, Ocf- 11, 1804, Resolved, that there be a Committee of three Members from each County in this State appointed, to join such Committee as shall be appointed by the Governor and Council, to receive, sort, and count the "Votes for Governor, L'- Gover nor, Treasurer, and Councillors ibr the year ensuing, and make report to this House as soon as may be. Members chosen. Mess. Bradley, Hurd, Galusha, Richards, "Whitney, Hunt, Shaw, Hendee, P. Smith, Enos, Hutchinson, Luce, Rich, Chipman, Silas "Wright, Buckingham, Thayer, Cooke, "W. C. Harrington, Potter, Jones, Elkins, Edson, Lamb, S. B. Sheldon, J. Robinson, House, Stanley, Strong, Corbin, Dana, De Forest and Phelps. Extract from the Journals, Att. A. Haswell Clk. pro Tem." which was Read, and it was Resolved, That a Committee of flve Members from the Council join the aforesaid Committee from the House. Members chosen. Mess. Galusha, "Witherell, "Wheelock, Shep ardson and Loomis, and were sworn by his Honor the L'- Governor to the faithful discharge of their duty. The above Resolution, with the Resolve of the Council thereon, was returned to the House of Representatives by the Sheriff. Resolved, on Motion, That the Council will proceed to the Meeting House to attend Divine "Worship. ' iProm the Weekly Wanderer for Oct. 22 1804: Rutland, ( Vermont,) Oct. 13.— On Thursday last the General Assem bly of this State convened in this town. At nine o'clock His Excel lency the Governor was escorted into town by the company of cavalry commanded by Capt. Cheeney. At twelve the Legislative body pro ceeded to the meeting house to attend divine service. The exercises were performed by the Rev. Himan [Heman] Ball, of this town. A judicious and instructive discourse from i Chron. 28, 8, as well as the " other exercises, were much admired. 4 G-overnor and Council — October 1804. 5 O'clock P. M.— The HonW" Nathaniel Niles .Esq-"' appeared in Council chamber and took his Seat. A Verbal Message was received from the House by M'- Shaw, inform ing the Governor and Council that the Committee appointed to receive, sort and count the Votes for Governor. L'- Governor, Treasurer, and Councillors for the year ensuing were ready to report, and requesting the attendance ofthe Council in the Representatives' Room for the pur pose of hearing the Report of the said Comraittee — "Whereupon the Governor and Council proceeded immediately to the Representatives' Room, and the following Report was handed in by the Chairman of the Comraittee and read by his Excellency the Governor, to wit, — "To the Hon'''" General Assembly now sitting at Rutland in the County of Rutland, Ocf- ll"" 1804. Your Committee appointed to re ceive, sort and count the Votes for Governor, L'- Governor, Treasurer, and Councillors, for the year ensuing, beg leave to report. That His Ex cellency Isaac Tichenor Esq"-- is Elected Governor, His Honor Paul Brigham Esq'- is Elected L'- Governor, Benjamin Swan, Treasurer, Jo nas Galusha, Samuel Safford, Noah Chittenden, James "Witherell, Be riah Loomis, John "White, Nathaniel Niles, Eliakim Spooner, Samuel Shepardson, Ebenezer Wheelock, Asaph Fletcher & Elias Keyes Esq'"- Councillors. Att. Jonas Galusha Chairman o/ s'' -Com'««-" ' and A. W. Hyde Esq'- Sheriff of Rutland County, by the direction of the Secretary of the Governor and Council, raade proclamation of the election of the above mentioned Persons to their respective Offices by the Freemen of this State for the year ensuing. The Governor and Council then returned to their Chamber and ad journed to 9 O'clock Tomorrow morning. Friday October 12"> 1804, 9 O'clock A, M. The Council met pursuant to adjournment. Present His Honor Paul Brigham L'- Governor; of the Council The Hon'''" Jonas Galusha, Sam uel Safford, Noah Chittenden, Beriah Loomis, John ¦\Vhite. Nathaniel Niles, Eliakim Spooner, Samuel Shepardson, Ebenezer "Wheelock & Asaph Fletcher Esq'"- 'William Page Ju'- Secretary; Arunah W. Hyde Esq'- S'tieriff. The L'- Governor and members of the Council present proceeded to the Representatives' Room, and after prayers by the Chaplain were duly sworn, by Jonathan Robinson Esq'- Chief Justice of the State of Ver mont, to the faithful discharge of their respective offices. The Council returned to their Chamber and Adjourned to 2 O'clock P. M. 2 O'CLOCK P. M.— -A verbal message from the House of Representa tives was delivered by M'- Fisk, a member, informing the Council that the House was organized and ready to receive any communication from this body. Ordered, That the Secretary wait on his Excellency the Governor and acquaint him with this message, and also inform the House of Representatives that a quorum of the Council has convened and are ready to proceed to business. Adjourned to 9 O'clock Tomorrow Mornino-. •¦ The committee probably appended to their report a statement ofthe votes of towns rejected for informality in the returns, but nothing of this sort appears in the journal of either house. The rejected votes°did not affect the results ofthe election. See political note on preceding pao-es. G-overnor and Council — -Octoher 1804. 5 Saturday Oct'. 13, 1804, 9 O'clock A. M. The Council met pursuant to adjournment. The Petition of Thomas Barnum and others for a new Trial was re ceived from the House with the following order thereon: "In Gen'- Assembly Oct'- 12, 1804. Read .and Referred to Mess. Ja"- Fisk, Sheldon and Enos to join with Council. Attest A. Haswell Clk. P. Tem." and being Read it was Resolved, That M'- Galusha join with the Committee from the House. The Petition of the Selectmen of Hyde Park was rec""- from the House with this order minuted thereon: '¦ In General Assembly Oct'- 12, 1804, Read & Referred to the flrst Land Tax Committee to join Committee from the House, Mes"- Baker, H. Norton & Rich. Attest A. Haswell Clk. Pro Tem." which was read with the order of the House thereon, and it was Resolved, That M'- Safford join the aforesaid Committee from the House. A Petition from Billymead [Sutton] praying for Land-Tax was re ceived from the House with this order thereon: " In General Assembly Oct'- li""' 1804, Referred to the second Land Ta.x Committee, Mess"- Lyon, Moffett & Campbell to join. Attest A. Haswell Clk. Pro Tem." which was re. The followino- Resolution was sent from the House to Council: "In General Assembly Oct'- 24*- 1804, Introduced by M'- Lyon, Whereas, the Honorable Judges of the Supreme Court have been implicated by a member of this House for taking and receiving fees and perquisites in certain cases which are not allowed by Law, Therefore, Resolved, That a Conimittee of three from this House be appointed to enquire and as certain the fees and perquisites the said Judges have taken and received in the actions brought for three years last past, state facts and make report. Read and Referred to Mess"- Shaw, Wheatley, and Buckingham. Nov, 1, on motion Ordered that Mess, Moffett and Luce be added to the above Committee, and that the Committee join such Committee as the Council may appoint- Attest M, Post Clk."— which being read it was Resolved, To nonconcur with the House in this Resolution so far as re lates to that part of it which requests the Governor and Council to appoint' a Committee to join the Committee appointed by the House on the sarae, and M'- Niles requested to inform the House of the Reasons of Council. '¦ The " act for the relief of the Proprietors of Concord " &c. was again read and recommitted to the same Committee. An Engrossed Bill, passed in the House of Representatives, Entitled "An act to appoint a Coraraittee to lay out and survey a Road from the place where the Bridge over Connecticut River was erected in Norwich to Chelsea Court-House," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to M'- Chittenden. The Committee on the Bill Entitled "An act authorizing and empow ering the Treasurer of this State to sell and convey certain Lands in Wilraington in the County of Windham," reported the following amend ment, — In the 14'" line after the word /'Deed" erase the whole line and insert the following words, "when executed aud acknowledged by the Treasurer and recorded in the Town Clerk's Office ofthe Town of Wil mington" — which amendment was adopted, and Resolved, To concur with the House in passing the said Bill into a Law as amended, and M'- Shepardson requested to inform the House of the Reasons of Council. The Petition of Jonathan Parker and others was received from the House with the following orders thereon: ''In General Assembly Oct'- 25*. 1804, Referred to Mess"- Chipman, Hendee, and I, [Isaiah] Fisk. Att'- M, Post Clk, Nov, 2". 1804, on motion Ordered, That Mess'- ' One of the reasons doubtless was that no complaint against the . judges had reached the Council, The result of the inquiry in the House was to relieve the judges from any blame in the matter of fees, in the opinion of the committee ; but the House accepted the facts of the re port without any epinion as to the law ofthe case. See printed Assem- bly Journal, Oct, 1, 1804, p, 369. In 1805, the investigation was re newed, and it resulted in a resolution declaring that the fees complained of " were taken by said judges with upright views, and that they are by law made judges of what is a reasonable and fair construction of the fee bill." This was accepted 100 to 82— a party division probably,— See printed Assembly Journal of 1805, pp, 32, 37, 48, Governor and Council — Novemher 1804, 37 J, Clap & DeForest be added to the foregoing Conimittee, and that the Committee join such Coraraittee as the Council may appoint. Attest M, Post Clk," — which was read and Resolved, That M'- Shepardson join the Committee from the House, An Engrossed Bill, passed in the House of Representatives, Entitled "An act granting to the Coramon Council of the City of Vergennes Liberty to raise by Lottery the sum of Two Thousand Five Hundred [dollars] for the purpose of building a Bridge over Otter Creek," was sent up to the Governor and Council for their Revision &c, and being read it was Resolved, That it be referred to M'- Spooner, The Committee on the Bill Entitled "An act for the relief of the Proprietors of Concord in a certain case therein mentioned," reported the following amendments — after the word "same'' in the 8'" Line ofthe 1"' section insert the following words, "which minutes of such former votes and proceedings shall be preserved on file in the Proprietors' Clerk's Office of said Concord," Erase the 2"" Section and add this Section in its place, "Sec. 2""- And be it further enacted. That true and attested copies of such votes and proceedings, so recorded as afores"- may be read in evidence in any Court of Justice in this State" — and after the word "remain" in the Preamble erase the Remainder thereof and add the fallowing words, "partly on loose Pieces of paper and partly in a Book, some of which are not properly attested by the Clerk, which evil to remedy" — which were adopted and on Motion Resolved, to con cur with the House in passing said Bill into a Law as amended, and M'- Loomis requested to assign the Reason for the same to the House, Adjourned to 9 O'clock Tomorrow morning. Saturday November 3'". 1804, 9 O'clock A, M, The Council met pursuant to adjournment. The Comraittee on the Bill Entitled " An act reviving certain acts laying Land-Taxes on the Towns therein mentioned," &c. reported sun dry amendments, viz. Erase the Preamble ofthe Act, and after the word '-three " in the 4'" Line of the 1"' Sec"- erase the remainder of the Bill and insert the following, " assessing a Tax of Two Cents per acre on Craftsbury, of three cents per acre on Lutterloch [Lutterloh, now Al bany,] and of three cents per acre on Hardwick, be and the same are hereby revived and shall have the sarae force and effect as if they had passed at the present Session of the Legislature, Sec, 2""- And it is hereby further enacted. That David P, Cobb of Lutterloch be and he hereby is appointed a member of the Committee to superintend the expenditure of the Tax on the Town of Lutterloch iu the place of Elea zer Cobb therein named, and that Samuel French of Hardwick be and he hereby is appointed a member of the Committee to superintend the expenditure ofthe Tax assessed on Hardwick in the place of Levi Good ridge, any thing to the contrary in the said acts notwithstanding'' — which amendments were adopted and Resolved, To concur with the House in passing the said Bill into a Law as amended, and M'- Fletcher requested to inform the House of the Reasons of Council in adopting those amendments. The following Resolution was introduced: "In Council Nov' 3, 1804, Resolved that a Committee of one be appointed, to join such Conimittee as the House of Representatives may appoint, to distribute the Election Sermons and the Proclamation for Thanksgiving "—which was read, adopted, M'- Shepardson appointed the Committee from Council, and Ordered, That the Secretary carry the same to the House and request their concurrence. 38 Governor and Council — Novemher 1804. The Coraraittee on the Bill Entitled "An act to lay out" and survey a road from the place where the Bridge over Connecticut River v\-as erected in Norwich to Chelsea Court House," reported that it ought to pass, whereupon it was Resolved, To concur with the House m passing said Bill into a Law. The following Resolution was laid on the Table— "In Council Nov- 3". 1804, Resolved, the House of Representatives concurring therein, that the Two Houses meet in joint Conimittee in the Representatives' Room, on Tuesday next, at the opening of the House in the afternoon, to make a choice of a Major General of the Third Division ofthe Militia of this State, which office has become vacant by the Resignation of Major Gen'- Martin Chittenden"— which was read, adopted, and Ordered, That the Secretary carry the same to the House and request their concur rence. Pursuant to the concurrent Resolution of both Houses the Governor and Council proceeded to the Representatives' Room for the purpose of Choosing the Electors of President and Vice President of the United States, and having compleated the same, returned to their Chamber and resumed the consideration of business.-' An Engrossed Bill, passed in the House of Representatives, Entitled "An act granting relief to Capt" John Vincent, a poow Indian," was sent up to the Governor and Council for their Revision &c, and being read was on motion amended by erasing the name of '-John Fuller" in the 6* line and inserting the name of "Elias Keyes," and then Resolved, To concur in passing the same into a Law as amended,'^ An Engrossed Bill, passed in the House of Representatives, Entitled "An act directing the Treasurer to pay Elias Stevens the sum therein raentioned," was" sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to M'- Keyes. An Engrossed Bill, passed in the House of Representatives, Entitled "An act laying a Tax of Three Cents pet acre on the Town of Groton," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, To concur with tho House in passing the said Bill into a Law. Adjourned to 2 O'clock P. M. 2 O'clock P. M.— M'- Buckingham, from the House, returned the Resolution of Council respecting the time of Electing a Major Gen'- of the Militia with the following order thereon— "In Gen' Asserably Nov. 3". 1804, Read and resolved to concur in this Resolution with a proposed araendraent, insert "Monday" instead of "Tuesday," and that M'- Buck ingham be a Comraittee to carry up the same to the Governor and Council with the Reasons of the Plouse. Attest M. Post Clk."— which Resolution and order of the House thereon being read it was Resolved, To concur with the House in their proposed amendment. An Engrossed Bill, passed in the House of Representatives, Entitled "An act in alteration of and revival of an act Entitled An act assessing a Tax of Two Cents per acre on the Town of Westford," vvas sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to Mess"- Galusha and Loomis. The Conimittee on tlie Bill Entitled "An act to revive and alter an act laying a Land-Tax on Swanton," reported the following amendments i The electors chosen were Josiah AVright, Samuel Shaw, Ezra Butler, Nathaniel Niles, Williani Hunter, and John Noyes, one of whom was then a member ofthe Council, and three were members ofthe House, ° See ante, p, 24, note. Governor and Council — Novemher 1804. 39 — after the last word in the 7'" Line of the Preamble of the act insert the word "Therefore," and erase the reraainder of the preamble — after the last word in the 4'" Line in the 3'" Sec, erase the remainder of the Section and insert the words "on the Roads in the Town of Swanton, as the Committee shall think most convenient," and in the 4* Sec. aft(;r the word " the" in the 1' line erase the remainder of the Section and add the following, "act passed the twelfth day of November one thousand eight Hundred and two. Entitled "An act in addition to and for reviving an act laying a Tax of Two Cents per acre on the Town of Swanton, for the purposes therein mentioned," be and hereby is repealed," — which were adopted and on motion Resolved, To concur with the House in passing said Bill into a Law as amended, and M'- White appointed to inform the House of the Reasons of Council in adopting those amend ments, A Bill Entitled "An act establishing a .Jurisdictional line betw-een Peru and Landgrove," was rec" from the House with this order thereon: "In Gen' Assembly Nov. 3, This Bill was brought in on motion of M'- Utley, read and referred to Ides"- Emerson, 13. Harrington, and Beach to join Committee from Council. Attest M. Post Clk." — which was read and Resolved, That M'- White join the Committee from the House. An Engrossed Bill, passed in the House of Representatives, Entitled " An act to free the body of Sylvanus Brighara from arrest on civil pro cess for the term therein mentioned," was sent up to the Governor and Council for their Revision &c. and being read it was on Motion Re solved, To nonconcur with the House in passing the said Bill into a Lavv for the following reasons: 1"'- That it does not appear by the Petition but that the Petitioner is entitled to the beneflts already provided for poor Debtors by an act in alteration of and to amend an act Entitled ¦' An act relating to Goals and Goalers and for the relief of persons im prisoned therein, passed March 9'" A. D. 1797 " — and 2""- It does not appear that the Petitioner has complied with the Law requiring Peti tions for acts of Suspension to be advertised. The Comraittee on the Bill Entitled "An act authorising the Propri etors and Landowners qf Stow in the County of Chittenden to make out, accept and conflrm any Division or Divisions &c, reported that il ought not to pass, whereupo'n it was Resolved, To nonconcur with the House in passing the said Bill into a Law for the following reasons: "According to this Bill the majority may deprive individuals of their im provements and habitations and "place them on Unimproved Lands, altho' such Individual may have honestly purchased and paid for the Land he occupies. Altho' Proprietors of Towns are authorised to divide their Lands by vote, yet the Governor and Council cannot think that any body of men ought to be empowered to dispose by vote of the pri vate property of Individuals. It does not appear to the Governor and Council that all concerned acquiesce in the provisions of this Bill, with out which the Government seem not to possess the power of niaking thera." Adjourned to 9 O'clock Monday raorning. Monday November 5*. 1804, 9 O'clock A. M. The Council met pursuant to adjournment. An Engrossed Bill, passed in tlie Plouse of Representatives, Entitled " An act making Provisions for the payment of Prosecutions in certain cases therein mentioned," was sent up to the Governor and Council for their Revision &c. and being Read it was on motion Resolved, That it be referred to Gov, Brigham and M'- Galusha, 40 Governor and Council — Novemher 1804, An Engrossed Bill, passed in the House of Representatives, Entitled "An act to provide for the authentication of certain Records in the Town of "Westfield," was sent up to the Governor and Council for Iheir Revision &c. and being read it was Besolved, To concur with the House in passing the said Bill into a Law. An Engrossed Bill, passed in the House of Representatives, Entitled '- An act to alter and araend an act appointing a Committee to lay a Road from Guildhall to Danville," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be refer red to M'- Shepardson. M'. D. Chipman, from the House, returned to the Governor and Coujicil the Bill Entitled "An act directing Recording Offlcers in their Office and Duty," with certain proposals of Amendment made by the House to the Bill, upon which it was Resolved, To concur in all of them except the one proposing a new Section to be added to the Bill, and M'- Galusha requested to inform the Plouse for what reasons the Council could not consent to that Amendment. The following Resolution of the House was read and ordered to be entered on the Journals — "Pn Gen' Asserably Nov. 3, 1804, Resolved, To concur with the Governor and Council in their proposed Amend-^ ments to the Bill Entitled "An act to revive an act laying a Tax on Swanton." Extract fi-om the Journals, Attest M. Post Clk." This Resolution was received from the House — "In General Assem bly Nov- 6*. 1804, Resolved, the Governor and Council concur ring therein, that the Treasurer of the State be and he hereby is requested to lay before the General Assembly as soon as may be a statement of all the demands in favor of the State against the several Sheriffs. Introduced by M'- [Jas.] I^sk, Read and passed. Attest M. Post Clk." — which was read and concurred. An Engrossed Bill, passed in the House of Representatives, Entitled "An act in addition to an act Entitled an act altering the times ef hold ing the County Courts in the Counties of Chittenden and Addison," was sent up to the Governor and Council for their Revision &c. read and Resolved, To concur with the House in passing the same into a Law. A Bill Entitled ''an act annexing Parker's Gore to Medway [Mendon] and making a Town by the name of Parkerstown," was sent up to Council with this order of the House thereon— "In General Assembly Nov. 3". 1804, Read any ordered to be amended by erasing that part of the Bill which goes to altering the name of Medway, [and] recommitted to the Committee on the Petition accorapanying to join. Attest M. Post Clk."— in which Reference the Council concurred. The following Bills, passed in the House of Representatives, were sent up to the Governor and Council fbr their Revision &c.— " An act for the relief of Alexander Plumley," aud " An act directing the Treasurer of this State to issue Certiflcates in payment of the Debenture ofthe pres ent Session ofthe Legislature," and being severally read and considered It was on motion Resolved, To concur with the House in passing them into Laws. ° A written Message was rec" from the House as follows—" In General Assembly Nov- 5, 1804, Resolved to concur with the Governor and B°n 'I" ,-'] }T\ Ppposed amendments to the following Bills, to wit, A J3111 liutitled An act authorising and empowering the Treasurer to sell and convey certain Lands in Wilmington " &c. ; A Bill Entitled "An act tor the rehef of the Proprietors of Concord;" A Bill Entitled "An act granting relief to Capt"- Jtfhn Vincent, a poor Indian;" A Bill Entitled An act reviving certain acts laying Land-Taxes " &c.— And that the House rescind [recede] from their Vote adding a new Section to the Governor and Council — November 1804. 41 Bill Entitled '' An act directing County, Town, and Society Clerks in their Office and Duty." Extract from the Journals, Attest M. Post Clk." An Engrossed Bill, passed in the House of Representatives, Entitled "An act in addition to and in explanation of an act constituting the Supreme Court " &c. was sent up to the Governor and Council for'their Revision &c. read and Resolved, That it be referred to M'- Galusha. M'- Niles iatroduced the following Resolution: "Resolved that be a Committee to confer with such Coraraittee as the Gen'- Assem bly may appoint on the Bill Entitled " An act enabling the Clerk of the County of Caledonia to record the Sales of Robert Whitelaw, a Collec tor," and to report thereon to the two Houses " — which was adopted, the Blank filled with the name of M'- Niles and Ordered, That the Secre tary carry it to the Plouse and request their concurrence. M'- Potter from the House returned the BiU Entitled " An act to rat ify and confirm the Election of a Collector of Land-Tax in Bridgewater," which was nonconcurred by Council Nov. 2"". and after assigning the Reasons why tbe House insisted upon the passing the Bill, which they had again done, he withdrew. Adjourned to 2 O'clock P. M. 2 O'clock P, M, — The Governor and Council, pursuant to the Con current Resolution of both Houses, met the House of Representatives in joint Co'mraittee in their Room, and having accomplished the busi ness of their meeting the Committee vvas dissolved and the Governor and Council returned to their Chamber.' The Conimittee on the Bill Entitled "An act granting to the Common Council of the City of Vergennes liberty to raise by Lottery the sum of Two Thousand five Hundred Dollars for the purpose of building a Bridge over Otter Creek in said City," reported that the same ought to pass, which Report was not accepted, and on motion Resolved, To non concur with the House in passing the said Bill into a Law, and M'- Shepardson was requested to draught the reasons of Couucil for such nonconcurrence, which he did, and were adopted, as follows: "1"'. Be cause Institutions of this kind tend to invite individuals to enter into Speculations in obtaining property different from the modes dictated by honest Industry. 2""'>". Because the experience of this Government has taught us that Lotteries have created greater evils to community than they were designed to reraove." M'- Galusha asked and obtained leave to introduce the following Bill Entitled '*An act appointing a place for the raeeting of the Electors of this, State for Electing a President and Vice President of the United States," which was read and Resolved, That it pass, and ordered to be engrossed and sent to the House of Representatives for their Con currence. An Engrossed Bill, passed in the House of Representatives, Entitled "An act laying a Tax of Two Cenis per acre on the Town of Barton," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, To concur with the House in passing the .said Bill into a Law, An Engrossed Bill, passed in the House of Representatives, Entitled "An act annexing a part of the Town of Peru to the Town of Dorset," was sent up to the Governor and Council for their Revision &c. which was read and on motion Resolved, To nonconcur with the House in ' Brio-. Gen, Samuel Strong was elected Maj, General of the third division of Vermont militia. 42 Governor and Council — Novemher 1804, passing the said Bill into .a Law for the following reasons, to wit: "Jt would be highly injurious and a violation of corporate priviliges tn annex a part of any Town to another without the free assent of thii majority of the Inhabitants of each, first had and obtained, at a legal meeting of the Inhabitants convened for the purpose. This does not appear to have been the case in the present instance," The Committee from both Houses on their joint resolution relative to empowering Methodist Ministers to celebrate marriage, reported a Bill which was read and ordered lo lie on the Table, The Committee on the Bill Entitled "An act in addition to and 'in explanation of an act constituting the Supremo Court" &c, reported that it ought to pass, whereupon it was Resolved, To concur with the House in passing the same into a Law. "An act to ratify and conflrm the Election of a Collector of a Land- Tax in Bridgewater" was again Read and on motion Resolved, That the Governor and Council do rescind from their nonconcurrence in said Bill, and that tliey concur with the House in passing the same into a Law. Adjourned to 9 O'clock Tomorrow Morning. Rutland, Tuesday, November 6'". ,1804, 9 O'clpck A. M, The Council met pursuant to adjournment. Au Engrossed Bill, passed in tlie House of Representatives, Entitled "An act explanatory of a Provision in sundry Turnpike Grants," was sent up to the Governor and Council for their Revision &c. read & Resolved, That it be referred to Mess"- Galusha and Loomis, The following Resolution was received from the House— "In General Assembly Nov, 6*. 1804, Resolved, the Governor and Council concurring therein, that a Committee of Three be appointed on the part of this Plouse, to join such Coramittee as the Governor and Council may ap point, to take into consideration and report what business is now before the General Assembly necessary to be acted upon, and at what time the General Assembly may adjourn. Introduced by Ja"- Fisk, Read, passed and Mess"- E. Butler, Chipman, and Baker appointed a Commi'ttee on the part of the House. Extract frora the Journal, Attest, M, Post Clerk"— which was read, concurred, and M'- Wheelock appointed to join the Committee from the House, The Report ofthe Committee of Both Houses, appointed to point out the manner in which the Laws of the United States should be distrib uted, was received frora the House with these orders thereon— "In Gen eral Assembly Nov'- 3'"- 1804, Read and ordered to lie on the Table. Nov. 5*. called up, rejected and recommitted to the same Committee. Attest M. Post Clk "—which was read and Resolved, To concur in the above recomraittment. A Bill Entitled " An act to suspend the Collection of Certain Costs," was received from the House with this order thereon— "In General As sembly Oct'- 27'". 1804, This Bill, introduced on Motion of M'- Buel was read and referred to Me.s"- Norton, Aiken, and Mofl'ett, Nov 5 Com mittee directed to join Committee from Council, Attest M, Pos't Clk'' —which was read and on motion Resolved, That M'- Keyes join the above Committee from the House. The Coramittee on the Bill Entitled "An act instituting deflnino- and regulating the office of Comptroller of the Public accounts " with7eave laid it on the Table of Council, and it being under conside'ration it wa" on motion Resolved, To nonconcur with the House in passino the said Governor and Council — November 1804, 43 [bill] into a Law, and M'- Galusha was requested to inform tho Plouse of the Reasons of Council for such nonconcurrence. The Coramittee on the Bill Entitled " An act for the Relief of Aaron Henry Jun'- and the sureties of the said Aaron Henry Jun'-" reported that they could not agree with regard to the principle embraced by the Bill, and after making a Statement of facts, submitted it to Council whether the said Bill should pass, whereupon it was Resolved, To non concur with the Plouse 'in passing the same into a Law for these Rea sons to wit, 1"'- We flnd that no such conviction, as is set forth in said Bill, has ever been had against the said Aaron Henry Jun'-. but that a Verdict of the .Jury of Guilty was returned into Court against hira, and that after the Verdict as aforesaid, and before the entering up of .Judg ment and pronouncing sentence, the said Henry, with the consent of his Bail, withdrew from the Court, so that no sentence has ever passed against s" Henry and of course he is not rendered infamous or deprived ofany of the privileges of a citizen of this State, in consequence of any pro ceedings in said Tryal. And, further, as he voluntarily deserted his trial and the Bonds being called out and chancered by the Court, he cannol by the usages of Law, or any custom heretofore adopted by this State, now be entitled to a trial in said Cause, but if this Legislature is dis posed to grant any relief in the premises, in the opinion of this Coun cil, it ought to be by further Chancering the Bonds, 2""- We apprehend that a precedent of this kind will be attended with serious evils if a De linquent may, after voluntarily forfeiting his Bonds, be restored to a new trial when the Witnesses are of course released from any obligation of further attendance ou said Court to testify against such delinquent, and, as the case may be, gone beyond the knowledge of'the Prosecutor and possibly by the procurement of such delinquent. It will in our opinion be 'subversive of general justice as well as expensive to this State. Adjourned to 2 O'clock P. M. 2 O'clock P. M. — An Engrossed Bill, passed in the House of Repre sentative's, Entitled " An act in addition to an act Entitled an act to alter and amend an act appointing a Committee to lay out and survey a public Road from Berkshire to Brandon," was sent up to the Governor and Couucil for their Revision &c. read and on motion Resolved, That it be referred to M'- White. The Hill passed in Council, Entitled •' An act appointing a place for the meeting of the Electors of President and Vice President of the United States," was returned frora the House with certain proposals of amendment made to the Bill by that Body, which were read and Re solved To concur with the House in the araendraents hy them proposed. An Engrossed Bill, passed in the House of Representatives, Entitled " An act granting Relief to Nathan O.sgood Esquire of Rutland," was sent up to the Governor and Council for their Revision &c. read and Resolved, That it be referred to Mess"- Galusha and White. An Engrossed Bill, passed in the House of Representatives, Eutitled " An act annexing Parker's Gore to Medway " [Mendon] was sent up to the Gov. and Council for their Revision &c. Read and on motion was amended by adding these words to the Title of the Bill, " and Incorpo rating the same into a Town by the name of Parkerstown "—by insert- ino in tbe 7* Line of the 1"' Sec. the word " Parkerstown " in lieu ofthe, word " Medway," and after the word "inserted" in the 5* line ofthe 2"' Sec. by adding the words " Parkerstown 'alias"- and then Res.olved, To concur with the Plouse in passing the same into a Jjaw as amended, and M'- Keyes requested to inforra the Plouse of the Reasons of Council in proposing those amendraents. 44 Governor and Council — Novemher 1804. A Bill, Entitled " An act more effectually to render justice in certain cases," was received frora the House with this order thereon: " In Gen eral Asserably Nov. 6, 1804, This Bill was bro'- in On raotion by M'- Peckham, read and Referred to Mess, Buel, H, Horton & A, Horton to join. Attest M. Post Clk" — whereupon it was Resolved, That M'- Chittenden join the above Committee from the House, A Bill, Entitled " An act to remit to Thomas Tolman the paynient of a certain Obligation " was received fromthe House with this order on it: '-In General Assembly Nov- 6. 1804, This Bill was bro'- in on mo tion of M'- Stanley, read and referred to Mess"- Leavenworth, Hinman, and Underhill to join. Attest M. Post Clk " — which was read and Re solved, That M'- Fletcher join the Conimittee appointed by the House. . The Comraittee on tho Bill Entitled " An act making provision for the payment of the Costs of Prosecution in certain cases therein men tioned," reported that it ought to pass, whereupon it was Resolved, To concur with the House in passing the said Bill into a Law, An Engrossed Bill, passed in the House of Representatives, Entitled '- An act in addition to an act Entitled an act regulating Town Meetings and the choice and duty of Town Offlcers," was sent up to Governor and Council for their Revision &c, read and on motion Resolved, To concur with the House in passing the said Bill into a Law, M'- Loomis introduced the following Resolution — "In Council Nov'- 6, 1804, Resolved, the House of Representatives concurring therein, that the Bill Entitled " An act explanatory of a provision in sundry Turnpike Grants," be laid over to the next Session ofthe Legislature, and that the Secretary of State cause the substance of this act to be published in Spooner's Vermont Journal, and in the Rutland Herald, three weeks successively, the last publication to be at least twelve days before the next Session of the Legislature," which was read, adopted and M'- Loomis requested to carry it to the House, and the Bill mentioned therein, inform them of the Reasons of Council and request their concur rence. The following Bills, passed in the House of Representatives, were sent up to the Governor and Council for their Revision &c, — " An act authorising the Proprietors of Moretown in the County of Chittenden lo ratify and confirm the Division of said Town in Severalty," and "An act granting a new Trial to Charity Blodget and Peggy Blodget, both of Randolph in the County of Orange," which Bills were severally read and considered and on motion it was Resolved, To concur vvith the House in passing them into Laws. The Report of the Coramittee on the Resolulion relative to the Meth odists was called up, not accepted, and recommitted to the same Com raittee to join such further Conimittee as the House may appoint, and M'- Witherell added to the Committee from Council. Adjourned to 9 O'clock Tomorrow Morning. Wednesday, November 7*. 1804, 9 O'clk A, M, The Council met pursuant to adjournment. The Committee on the Bill Entitled " An act in addition to an act Entitled An act in addition to and in amendment of an act En titled An act appointing a Conimittee to lay out and survey a Public Road from Berkshire to Brandon," reported the followino araend raents viz. Erase the remainder of the Bill after the word "Two" at the end of the Seventh line from the Top, and insert the follow ing—" Whereas the Conimittee named in the act to which this is an Governor and Council — Novemher 1804. 45 addition have not corapleated the surveying and laying out the Road contemplated to be laid in and by said Act, by the time therein lim ited — Therefore It is hereby enacted by the General Assembly of the State of A^ermont, That said Committee, with the addition of Nathaniel Ladd and Caleb Hendee Esquires, shall have time from and afler the passing of this act to the first day of June in the year one Thousand eight Hundred and flve to complete the surveying and laying ofthe Road aforesaid " — which were adopted .and on Motion Resolved, To concur with the Plouse in passing the said Bill into a Law as amended, and M'- White requested to assign the reasons of such araendraents to the Bouse. The Committee on the Bill Entitled " An act in additiou to and in al teration of an act Entitled An act assessing a Tax of Two Cents per acre im tho Town of Westford, passed 26'" Oct'- A. D. 1799," reported these Amendments — In the tenth line of the Preamble, after the word "such" erase the word "as" and insert the words '-whereon Taxes," and after the word "paid" erase the words "and redeemed." In the fifth line of the Second Section, after the word " afterwards " insert " or shall have credit for his or her Taxes, or any part thereof, or for redemp tion of such person's lands, on the former Collector's Records" — and add a Third Section as follows: " Sec. 3'"- And it is hereby further en acted. That the said David Hazeltine shall publish the substance of this act together with the advertisements for the sale of said Lands — Pro vided nevertheless. That nothing in this act shall be construed to aft'ect the Title to any Lands where the owner or owners have worked out their Taxes and settled the sarae with the Committee appointed by said act to su])erintend the expenditure of said Tax, or who have paid their Tax to the said former Collector before his sale of said Lands, or re deemed the same in the raanner provided or within the time liraited by Law, any thing in this act to the contrary notwithstanding" — which amendraents were adopted and it was Resolved, To concur with the House in passing the said Bill into a Law as amended, & M'- Loomis re quested to inform the House of the Reasons of Council in those amend ments. An Engrossed Bill, passed in the House of Representatives, Entitled "An act directing the Treasurer to pay the Fees of the several State's Attornies " was sent up to the Governor and Council fbr their Re vision &c. read and on motion it was Resolved, To concur with the House in passing the same into a Law. An Engrossed Bill, passed in the Plouse of Representatives, Entitled " An act in addition to an act Entitled an act reducing into one the sev eral acts for laying out, making, repairing and clearing Highways," was sent up to the Governor and Council for their Revision &c. read and on Motion Resolved, That it be referred to Mess. Loorais & Witherell. The Committee on the Bill Entitled " an act granting relief to Nathan Osgood Esquire of Rutland," reported the following araendraent to be added to the Bill — " Sec, 13'"- And it is hereby further enacted, that the said Commissioners shall, for the services by this act enjoined upon them to perform, be allowed, each one, the sum of Two Dollars per day for each day in which they shall he employed, to be paid out of the Es tate of the said Nathan Osgood, And the appraisers shall be allowed such sum per day as is by Law allowed to the appraisers of the Estate of persons deceased, and also the expense of advertising, adjusting, and distributing of said Estate as directed by this act, shall also be paid out of the said Estate" — vvhich were adopted & Resolved, To concur with the House in passing said Bill into a Law as amended, and M'- Galusha requested to inform the House of the Reasons of Council in adopting those amendments. 46 Governor and Council — Novemher 1804, An Engrossed Bill, passed in the House of Representatives, Entitled -' An act in addition to an act Entitled An act for the purpose of regu lating Suits respecting landed property and directing the mode of Pro ceeding therein," was sent up tothe Governor and Council for their" Revision &c, read and on motion Resolved, That it be referred to M'- Shepardson, An Engrossed Bill, passed in the House of Representatives, Entitled " An act granting the exclusive right pf l"'erriage and Freightage from Burlington Bay in the State of Vermont to Chesterfield in the State of New York for the Terra of flfteen Years," was sent up to the Governor and Council for their Revision &c. 'read and Resolved, That it be refer red to M'- White. The following Bills, passed in the House of Representatives, were sent up to the Governor and Couucil for their Revision &c. — " An act for fixing the Shire in the County of Grand Isle," & '- An act appointing a Committee to look out and survey a Road from Rutland in the County of Rutland to Woodstock in the County of Windsor," which were sev-- erallj' read and it' was Resolved, To concur with the House in passing them into Laws. M'- Chipraan, from the House, returned to Council the Bill Entitled "An act granting to the Common Council of the City of Vergennes lib erty lo raise by Lottery the sum of two thousand five hundred Dollars fbr the purpose of building a Bridge over Otter Creek in said City," which had been nonconcurred by Council Nov. 5*. 'and had again been passed by ihe House, and afler assigning the reasons which gov erned that body in again passing the Bill, and requesting the Concur rence of Council, he withdrew, whereupon it was Resolved, To rescind frora the nonconcurrence above raentioned, and To concur with the House in passing the sarae into a Law. An Engrossed Bill, passed in the House of Representatives, Entitled " An act directing the Treasurer to pay the Executor of Calvin Knonl- ton Esq'- deceased the sum therein mentioned," was sent up to the Gov ernor and Council for their Revision &c. and being read it was on mo tion Resolved, That it [be] referred to M'- Loomis. Adjourned to 2 O'clock P. M, 2 O'clock P. M,— The following Message from the House was re ceived in Council, read and Ordered to be entered on the Journals— "In General Assembly Nov- 7'". 1804, Resolved to concur with the Gover nor and Council in their proposed amendments to the following Bills, to wit, a Bill Entitled "An act in addition to an act appointing a Commit tee to lay out a Road from Berkshire to Pitsford;" A Bill Entitled "an act in addition to an act Entitled an act in alteration and revival of an act Entitled An act assessing a Tax of two Cents per acre on the Town of Westford;" A Bill Entitled '-An act granting Relief to Nathan Os good," and "An act annexing Parker's Gore to Medway " &c.— and fur ther Resolved to concur in the Resolution for referring'the Bill Entitled "An act explanatory of a Proviso in certain Turnpike Grants," to the next Session of the next Legislature. Extract from the Journals At test M, Post Clk." ' M'- N, Robinson, from the House, returned the Bill Entitled "An act authorizing the Proprietors and Landowners of Stow in the County of Chittenden to raake, accept and confirra any Division or Divisions " &c. which was nonconcurred by Council Nov- 3'". and informed the Council that the House had again passed the Bill, and afler informino the Coun cil of the reasons of the House, and requesting the concurrence of Council, he withdrew -whereupon it was on motion Resolved That the Governor and Council — Novemher 1804, 47 Governor and Council rescind from their nonconcurrence in said Bill, and that the following Resolution be adopted as the sense of Council ou the subject of that Bill — " In Council Nov'- 7"'> 1804, Resolved, the House of Represencatives concurring therein, that the Bill Entitled "An act authorising the Proprietors and Landowners of Stow in the County of Chittenden to make, accept and confirm any Division or Divisions &c. be referred to the next Session of the Legislature, and that the Propri etors and Landowners of said township of Stow cause the Substance of t his act to be published in the Vermont Journal printed at Windsor, and Vermont Centinel printed at Burlington, three weeks successively, the last of which publication to be at least three weeks before the sitting of the Legislature; and also that the Inhabitants of said Stow have oppor tunity to express their wishes relative to the matters contained in the said Bill, in Town meeting legally warned for said purpose, having the business to be acted upon set forth in such warning," An Engrossed Bill, passed in the House of Representatives, Entitled ''An act in addition to and alteration of au act ascertaining the princi ples on which the List of this State shall be made and directing the Listers in their Offlce and duty," was sent up to the Governor and Coun cil for their Revision &c. read and Resolved, That it be referred to Mess"- Galusha, Loomis, and White. An Engrossed Bill, passed in the House of Representatives, Entitled " An act in addition to an act for the Probate of Wills and the Settle ment of Testate aud Intestate Estates," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to Mess"- Loomis and Fletcher. An Engrossed Bill, passed in the House of Representatives, Entitled "An act to repeal the act therein mentioned," was sent up to the Gover nor and Council for their Revision &c. read and it was Resolved, That it be referred to Mess'- Witherell & Chittenden. M'- Bigelow, from the House, returned to Council the Bill Entitled "An act annexing a part of the Town of Peru to the Town of Dorset,'' which was nonconcurred by Council Nov'- 5'". and informed the Council that the House had again passed the Bill, and after assigning the Rea sons ofthe House therefor, and requesting the concurrence of the Coun cil thereto, he withdrew, whereupon it was on motion Resolved, That the Governor aud Council do rescind from their nonconcurrence in said Bill, and that the following Resolution be adopted as the sense of Council on that Bill — "In Council Nov- 7, 1804, Resolved, the House of Representatives concurring therein, that the Bill Entitled " An act an nexing a part of the Town of Peru to the Town of Dorset" be referred to the next Session of the Legislature, that the Inhabitants of the Towns of Dorset and Peru may have opportunity to express their wishes rela tive to the matters contained in said act, iu a Town meeting legally warned and holden for that purpose, having the business to be acted upon set forth in such warning," Adjourned to 9 O'clock Tomorrow morning. Thursday November 8*. 1804, 9 O'clock A, M. The Council met pursuant to adjournment. The Following Resolution was laid on the T.able— In Council Nov- 8, 1804, Resolved, the House of Representatives concurring therein, that, the Treasurer be and he hereby is authorized and directed to deliver the Several Warrants for the State Tax granted this Session to the Mem- 48 Governor and Council — November 1804, hers from the respective Towns— which was read, adopted, and Ordered, That the Secretary carry it to the Plouse and request their concurrence. The Offlcer of the Plouse delivered this Resolution in Council: "In General Assembly Nov. 7, 1804, Resolved, the Governor and Council concurrino therein, that Both Plouses meet in joint Committee in the Representlitives' Room, at the opening of the House Tomorrow after noon, for the purpose of Electing a Surveyor General, [and] Comptrol ler or Auditor of accounts against this State, for the year ensuing,'' with this order thereon: " Introduced by M'- B, Clapp, Read and passed in Gen'- Asserably Nov. 7, 1804. Attest M. Post Clk "—which Resolu tion was read and Resolved, To concur with the House in the same. The Comraittee on the Bill Entitled "An act to repeal the act therein raentioned," reported that it ought to pass, which report was accepted, but the Bill on raotion was araeuded as follows— by adding this Provis ional Clause to the Bill, " Provided nevertheless that nothing in this act shall be construed to affect any division of said Town into severalty by the Proprietors and Landowners thereof made or ratified under the act hereby repealed "—and then it was Resolved, To concur with the House in passing the said Bill into a Law as araended, and M'- Galusha re quested to inform the House 9f the Reasons of Council in proposing that Amendment. An Engrossed Bill, passed in the House of Representatives, Entitled "An act in addition to an act Entitled An act regulating and governing the Militia," was sent up to the Governor and Council for their Revision &c. read and on Motion Ordered, That it lie on the Table. The Committee on the Bill Entitled "An act in addition to an Act for the Probate of Wills and the Settlement of Testate and Intestate Es tates," reported that it ought to [be] amended by adding after the word "Deeds," in the Second Page and Third line from the" Top, the words "of such real Estate," which report was not accepted and on raotion it was Resolved, To concur with the House in passing said Bill into a Law. An Engrossed Bill, passed in the House of Representatives, Entitled "An act for Arming the Exempts of the Militia," was sent up to the Governor and Council for their Revision &c. read & Resolved, That it be referred to Gov. Brigham, Mess"- Shepardson & Witherell, M'- Niles on motion introduced the following Bill, "An act in addition to an act relating to Goals and Goalers, and for the relief of Persons Imprisoned therein," which was read and on Motion Resolved, That tli,e Governor and Council will make uo order thereon. The Committee on fhe Bill Entitled "An act directing the Treasurer to pay the Executors of Calvin Knoulton Esq'- deceased the sum therein mentioned," reported that it ought to pass without amendment, where upon it was Resolved, To concur with the House in passing the said Bill into a Law. M'- Niles asked and had leave to. introduce a Bill Entitled "An act directing the Treasurer of this State to suspend Prosecution against Josiah Edson Esquire, late Sheriff of Orange County," which was read and on motion Resolved, That it be referred to Mess"- Loomis, Niles and Chittenden, The Conimittee on the Bill Entitled "An act granting the exclusive right of Ferriage and Freightage to Capt"- Gideon King from Burlington Bay in the State of Vermont to Chesterfield in the State of New 'Y'ork for the term of flfteen years," reported the following amendments: Erase the word "freightage" in the Second line from the top and in the second and flfth lines from the bottom of the Bill, and add the following to the Bill, "Provided, and it is hereby further enacted. That if the said Gid eon, his Heirs or Assigns, shall at any time for the space of Twenty Governor and Council — November 1804. 49 days after the Selectmen of Burlington have approved of the Boat or Boats for ferrying as aforesaid and shall have regulated the rate of ferri age according to the directions of this act, be unprovided with such Boat or Boats, or shall not have provided suitable Landing places, or shall neglect to post up at each landing place a Board or Sign contain ing the Rates of Ferriage, he or they so neglecting shall forfeit the grant of the Ferry aforesaid. And if the said Gideon, his Heirs or Assigns, shall unreasonably delay any person. Team or Carriage frora Crossing, (the weather being favorable,) or shall take or receive greater or other fees for ferriage as aforesaid than are allowed as aforesaid, and be thereof convicted before any court proper to try the same, he or they so offending shall forfeit and pay to the person oi- persons injured all reasonable Damages and full Costs of Prosecution," — which amendment was adopted and Resolved, To concur with the House in passing the said Bill into a Law as amended, and M'- White requested to inform the House of the reasons w-hich governed Council in proposing those araendments. Adjourned to 2 O'clock P, M, 2 O'clock P, M,— An Engrossed Bill, passed in the House of Rep resentatives, Entitled "An act for the releif of Joseph Conner," was sent up to the Governor and Council for their Revision &c, read and on motion Resolved, To concur with the House in passing the said Bill into a Law, The Committee on the Bill Entitled "An act in addition to an Act Entitled an act respecting Landed property and the mode of proceeding therein" &c. reported that upon an examination there appeared no ne cessity of extending the provisions of the said act beyond the time limited, and that the Bill before Council ought not to pass, whereupon it was Resolved, To nonconcur with the House in passing said Bill into a Law for the following Reasons, viz, 1"'- That the act which this is to continue in force for a longer time than the Tenth Section of said Act pro vided for, was passed by the Legislature under the pressing urgency of Pe titions from a great number of Inhabitants, complaining of serious evils that then existed, which evils do not appear to the Council now to exist, 2nd. That the Council conceive It to be against the good policy of this Statu to jiass Laws which might in tlje least degree savor of an encour agement to Persons to take possession of Lands without thoroughly exaraining the Titles under which they are to hold, which means of inquiry have now become much more familiar and certain than in years past. The Committee on the Bill Entitled "An act directing the Treasurer to pay Elias Stevens the Sum therein mentioned," reported the follow ing amendment to be added to the Bill: "Provided that the said Elias Stevens shall execute to the Treasurer of this State a Bond in the penal Sum of fifty Dollars, conditioned That if the aforesaid Certificate shall hereafter be presented and paid by the Treasurer, the said Elias .shall repay the same to the Treasurer on Demand with Interest" — which Re port was accepted and on' motion Resolved, To concur with the House in passing the said Bill into a Law as amended. An Engrossed Bill, passed in the House of Representatives, Entitled "An act incorporating certain persons therein mentioned by the name ofthe Rutland and Stockbridge Turnpike Company,"' was sent up to the Governor and Council for their Revision &c. read and on motion Re solved, That it be Referred to Mess"- Wheelock and Galusha, An ISngrossed Bill, passed in the House of Representatives, Entitled "An act incorporating and establishing an Academy in Rutland in the 50 Governor and Council — November 1804, County of Rutland and State of Vermont," was sent up to the Governor and Council for Revision &c. and being read it was motioned that it be recommended to the House of Representatives to lay this Bill over to the next Session ofthe Legislature, which motion was negatived, and it was Resolved, That it be referred to M'- Niles for amendment. The following Resolution was receivexl from the House— "Resolved, the Governor and Council concurring therein, that the Governor and Council raeet the House in the Representatives' Room tomorrow morn ing at 10 O'clock in order to adjourn the Legislature without day. In General Assembly Nov, 8, 1804, Read and adopted. Attest M. Post Clk."— which was read and Ordered to lie on the Table. An Engrossed Bill, passed in the House of Representatives, Entitled -'An act regulating the packing and sale of Lime," was sent up to the Governor and Council for their' Revision &c, read and Resolved, That it be referred to M'- Wheelock. The Committee to whom was referred the Bill Entitled "An act di recting the Treasurer of this State to suspend Prosecution against Jo siah Edson Esquire, late Sheriff of Orange County, for the Term of ono year," reported sundry amendments, which were adopted & Resolved, That the said Bill do pass and that it be engrossed and sent to the House for their Concurrence &c. An Engrossed Bill, passed in the House of Representatives, Entitled "An act directing the Treasurer to credit the First Constable of the Town of Williamstown the sum therein mentioned," was sent up to the Governor and Council for their Revision &c read and on motion Re solved, To concur with the House in passing the said Bill into a Law, The Committee on the Methodist Resolution reported a new amend ment to the Bill, when on motion it was Resolved, That it be laid over to the next Session ofthe Legislature, An Engrossed Bill, passed in the House of Representatives, Entitled -'An act in addition to an act .Entitled an act in addition to an act En titled an act directing the publication of Advertisements in the News papers therein mentioned, passed Nov. 5'"- 1799," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to M'- Galusha. "An act in addition to an act Entitled "an act for regulating and govern ing the Militia," was again Read and on Motion Resolved, That it be referred to Gov'- Brigham, Mes"- Shepardson & Witherell. An Engrossed Bill, passed in the House of Representatives, Entitled "An act establishing a Grammar School in Dorset," was sent up to the Governor and Council for their Revision &c. Read and on motion Re solved. That it be referred to M'- Niles. Adjourned to 8 O'clock Tomorrow morning. Rutland, Friday, November 9*. 1804, 8 O'clock A, M, The Council raet pursuant to adjournment. An Engrossed Bill, passed in the House of Representatives, Entitled "An act restoring John Nott to his Law in a certain case thereiu men tioned," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, To concur with the House in passing the said Bill into a Law. The Treasure,r appeared in Council Chamber, produced his Bonds, which were read, approved and accepted by the Governor and Council, and the Oath of Offlce was administered to him by his Honor the L'' Governor, Governor and Council — Novemher 1804, 51 The Resolution of the Plouse for the adjournment of both Houses was again read, amended by altering the tirae of adjournment to one O'clock this Day, Concurred as amended and Ordered, That the Secretary carry it to the House. M'- White asked and had leave to introduce a Bill Entitled " An act to repeal the first Section of an act Entitled An act to encourage the increase of Sheep," which was read, passed and Ordered, That it be en grossed and sent to the House for their concurrence. An Engrossed Bill, passed in the House of Representatives, Entitled ''An act directing the Treasurer to collect all Monies due from Sheriffs " &c, was sent up to the Governor and Council for their Revision &c, which was read and undergoing sundry Amendments it was Resolved, To con cur wilh the House in passing the same into a Law as araended, and Gov'- Brigham appointed to inform the House ofthe Reasons of Council in adopting those Amendraents, The following Messages from the House were delivered by the officer of the House — " In General Assembly Nov- 8"'- 1804, Resolved to con cur with the Governor and Council in their, proposed Amendments to the Bill Entitled 'An act granting to Gideon King the Right of keeping a Ferry " &c. — and further Resolved to concur in the Resolution for re ferring the Bill Entitled "An act authorizing and empowering the Pro prietors and Landowners of Stow to make, accept and Confirm any Division " &c. to the next Session of the Legislature, Extract from the Journals, Attest M, Post Clk. In General Assembly Nov. O"". 1804, Resolved .to concur with the Governor and Council in their proposed Araendraents to the Bill Entitled "An act directing the Treasurer to pay Elias Stevens the sura therein raentioned," Extract frora the Jour-. nals. Attest M. Post Clk" — which messages were readand ordered to be entered on the Journals, The Debenture of Council for the present Session was read as made out by the Secretary, approved, and ordered that it be entered on the Journals, as follows: — Travel. Anit. of Atten- Amt. of -Whole Travel, dance, Att'dce. Amount, Plis Honor Paul Brigham, L'- Governor — 50 The Hon"'" Jonas Galusha of the Council, . .50 -'....Samuel Safford " 58 ".,,, Noah Chittenden " 65 " ... James Witherell " 17 ". , , . Beriah Loomis " 60 ". , , , John White " 87 " .. .Nathaniel Niles " 71 "... .Eliakim Spooner " 52 "....Samuel Shepardson ..." 81 " Ebenezer Wheelock " 28 " Asaph Fletcher " 25 ''. . . .Elias Keyes " 24 William Page Jun'- Secretary " 65 Arunah W. Hyde Esq'- Sheriff of Rutland Cy 10 Issachar Reed for his Bill of Room &c 16.00 30 $120.00 $126.00 6.00 30 45.00 51.00 6.96 15 22.50 29.46 7.80 30 45,00 52.80 2,04 30 45.00 47.04 7,20 30 45,00 62.20 10.44 30 45,00 65.44 8.52 30 45.00 53.52 6.24 30 45.00 51,24 9.72 30 45.00 54.72 3.36 30 45.00 48.36 3.00 30 45.00 48.00 2.88 21 .31.50 34.38 7.80 30 75.00 82.80 1.20 30 45.00 46.20 .,20,00 $853.16 An Engrossed Bill, passed in the House of Representatives, Entitled "An act assessing a Tax on the Low Lands on Otter Creek for the pur pose therein mentioned," was sent up to the Governor and Council for their Revision &c, read, amended and on motion Resolved, To concur 52 Governor and Council — Novemher 1804. with the House in passing the said Bill into a Law as amended, and M'- Galusha requested to inform the House of the Reasons of Councd m nronosing those Amendments, j ^ t The Comraittee on the Bill Entitled "An act Incorporating and estab- lishino an Acaderay in Rutland in the County of Rutland and State of Vermont," reported that the Third and fourth Sections be erased and two new ones inserted, which was accepted and on Motion it was Re solved To concur with the House in passing the same into a Law as amended, and M'- Niles appointed to inform the House of the Reasons of Council in adopting those Amendments. ., -n , • The Committee on the Bill Entitled "An act regulating the Packing and Sale of Lime," reported that the words '-Winchester Measure be inserted after the word "Bushels" in the Seventh line, which was adopted and on motion Resolved, To concur with the House in passing said Bill into a Law as amended. ' -, -, ^ -, , The following Messages were rec"- from the House, read and Ordered, That they be entered on the Journals, viz. "In General Assembly Nov. gth, 1804, Resolved to concur with the Governor and Council in passing the Bill Entitled "An act directing the Treasurer of this State to sus pend prosecution against Josiah Edson Esquire Sheriff" &c. and the Bill Entitled "An act to repeal the first Section of au act Entitled An act to encourage the increase of Sheep." And alsoResolved to concur in the araendraent proposed by the Governor and Council to the Reso lution appointing a Tirae for the Two Houses to meet in order to adjourn the Legislature. Attest M. Post Clk. In General Assembly Nov. 8, 1804, Resolved to concur with the Governor and Council in their proposed Amendment to the Bill Entitled "An act to repeal the act therein mentioned" &c. Extract from the Journals, Attest M. Post Clk." The follow-ing Bills, passed in the Plouse of Representatives, were sent up to the (3-overnor and Council for their Revision &c. — "An Act empowering the Supreme Court to Hear the Petition of Thomas Bar num and others for a new Trial ; An act. empowering William C. Har rington, Executor of the last Will and Testaraent of 'William Coit Esq'- late of Burlington deceased, lo sell and convey &c.; An act directing a Suit to be commenced in the name ofthe Treasurer of this State against Asa Sraith" — which were severally read and considered and on Motion Resolved, To concur with the House in passing them into Laws, M'- Chittenden [was] appointed to receive the Debenture of Council, The Coramittee on the Bill Entitled " An act in addition to an act re specting Advertiseraents " &c. reported that it ought not to pass, where upon it was Besolved, To nonconcur vvith the House in passing the said Bill into a Law, and M'- requested to inform the House of the Reasons of Council for such nonconcurrence,-^ An Engrossed Bill, passed in the House of Representatives, Entitled "An act raaking the necessary appropriations for the support of Govern ment during the present Session and for other purposes," vvas sent up to the Governor and Council for their Revision &c, read and on motion Resolved, To concur with the House in passing said Bill'into a Law, The Committee on the Bill Entitled "An act incorpf)rating certain persons therein mentioned by the narae ofthe Rutland and Stockbridge Turnpike Company," reported sundry amendraents, which were adopted and on motion it was Resolved, To concur with the House in passing ' The journal of the House slates that the reasons were " annexed to the bill," without stating by whom. Governor and Council — Novemher 1804, 53 said Bill into Law as amended, and M'- Keyes requested to acquaint the House with the Reasons which governed Council in proposing those amendments. An Engrossed Bill, passed in the House of Representatives, Entitled " An act to suspend the Collection of certain Costs," was sent up to the Governor and Council for their Revision &c, and on motion Resolved, To nonconcur with the House in passing the said Bill into a Law, and M'- Loomis requested to inform the House of the Reasons of Council fci- such nonconcurrence. The Coramittee on the Bill Entitled "An act establishing a Grammar School in Dorset," reporled sundry Amendments to the Bill which were adopted and on motion it was Resolved, to concur with the House in passing the said Bill into a Law as araended, and M'- Niles requested to inform the House of the reasons of Council in proposing those Amend ments, An Engrossed Bill, passed in the House of Representatives, Entitled " An act appointing a Committee to lay out and survey a Market Road from the South line of Fairhaven " &c, was sent up to the Governor and Council for their Revision &c. read and Resolved, To concur with the House in passing the same into a Law. M'- Loomis introduced this Resolution — " In Council Nov. 9 1804, Re solved, the House of Representatives concurring therein, that all tho unfinished [business] now remaining before the Governor and Council and House of Representatives be laid over to the next Session of the Legislature, then to be taken up and acted on anew in the House ol Representatives, and that the Secretary of the Council return to the Clerk of the House, the unfinished business now before Council " — which was read, adopted, and Ordered that the Secretary carry it to the House & request the concurrence of that Body, An Engrossed Bill, passed in the House of Representatives, Entitled " An act directing the Treasurer to pay Ja"- A. Potter^the sum therein mentioned," was sent up to the Governor and Council for their Revision &c. read and on raotion Resolved, To concur with the House in passing the said Bill into a Law. The follow-ing Message was received from the House, read and Or dered, That it be entered on the Journals — "In General Assembly Nov. 9"'. 1804, Resolved that this House concur with the Governor and Coun cil in their amendments to the following Bills, to wit — "An act direct ing the Treasurer lo collect all Monies due from Sheriffs" &c., "An act establishing a O-rammar School in Dorset," and "An act assessing a Tax on certain low lands on Otter Creek" &c. Extract from the Journals, Attest M. Post Clk." The Resolution of Council, relative to the unflnished business b^efore both branches of the Legislature was returned to Council by a Member of the House with this order thereon — " In General Assembly Nov- 9, 1804, Resolved to concur with the Governor and Council in this Resolu tion. Attest M. Post Clk," and the same Member also informed the Governor and Council that the Plouse was now ready to join with the Council in the Representatives' Room for the purpose of adjourning the Legislature without day. The Governor and Council immediately proceeded to the Representa tives' Room for the purpose abovementioned, and after an appropriate prayer by M'- Ball, the Chaplain, the Legislature was adjourned without day, and Proclamation made of the same by Arunah W, Hyde Esq'- Sheriff'of Rutland County, A True Journal — Attest William Page Jun'- Secv- 54 Governor and Council — May 1805. EECORD OP THE GOVERNOR AND COUNCIL AT A SPECIAL SESSION, AT RUTLAND, MAY 15 AND 16, 1805, State of Vermont ss. A Journal of the Proceedings of the Gov ernor and Council of the State of Verraont at their Session begun and holden at the Court-House in Rutland within and for said State on Wednesday the flfteenth day of May in the Year of our Lord one Thou sand eight Hundred and flve and of the Independence of the United States ihe Twenty-ninth, by special notification from His Excellency the Governor, tor the purpose of supplying a Vacancy in the Offlce of High Bailiff iu the County of Caledonia, and to do and transact any other Business that may then and there be considered proper to be done. 2 O'clock P. M, — Present His Excellency Isaac Tichenor Esquire Governor, His Honor Paul Brigham Esquire L'- Governor, ofthe Coun cil The Honorable Jonas Galusha, Samuel Safford, James Witherell, John White, Eliakim Spooner, Samuel Shepardson, Asaph Fletcher & Elias Keyes Esquires, William Page Jun'- Secretary, Arunah W, Hyde Esq'. Sheriff. The Governor coraraunicated to the Council sundry Letters frora David Wing Ju'- Esquire Chief Judge of the County Court of Caledonia County, se-veral Attornies in that County and from William C. Bradley Esquire, respecting the appointment of a High Bailiff in the County of Caledonia to supply the vacancy occasioned by the refusal of Abner Harris the present High Bailiff to qualify himself for that Office accord ing to Law. On Motion of L'- Gov'- Brighara, the Council proceeded to the choice of a High Bailiff to supply the vacancy in that Offlce in the County of Caledonia, and the Ballots being counted, David Tilton was declared to be duly elected. On Motion, The Council resolved also to supply the vacancy in the Office of High Bailiff in the County of Franklin, occasioned by the refu sal of Bohan Shepard Esquire, the present High Bailiff, to qualify him self fur that office according to Law, founded on the Representation of the Honorable M'- White— and the ballots being counted, Oliver Day Esq'- was declared to be duly elected. The Governor informed the Council that two applications had been raade to him from Morgan Lewis Esquire, Governor of the State of New York, requesting the Governor of this State to cause to be appre hended and delivered to Nathan Willson Esquire Sheriff of Washington County in the State of New York, or to such other person as he shall appoint for that purpose, the body of Benjamin Adams, who stands charged, by Indictment, with felony, committed in the said County of Washington, and the Bodies of "William Palmer, Jehiel Palmer, and Elam Slebens, late of the Town of Hebron in the said County of Wash ington, who stand charged by Indictment with a Riot, all of whom, it is represented, are now in this State, and the Documents relative to the said application being read itwas on Motion Resolved, That the Coum-il Governor and Council — May 1805, 56 advise the Governor to issue his warrant to apprehend the Bodies ofthe said Benjamin Adams, William Palraer, Jehiel Palmer, and Elam Steb- ens, and that he cause them to be delivered to the said George Willson Esq'- or to such other person as he shall appoint for that purpose. Adjourned to 6 O'clock Tomorrow morning. Thursday 16 May, 1805, 6 O'clock A. M. The Council met pursuant to adjournment. The Debenture of Council was read by the Secretary, approved, and Ordered, That it be entered on the Journals, as follows: — Debenture of Council at their Special Session May 1805. Amt. of Atten- Amt. of "Wliole Travel. Travel, dance. Att'ce. Amt. His Honor Paul Brigham L'- Governor 50 $6.00 2 $8.00 $14.00 The Hon"'" Jonas Galusha of the Council. . .50 6.00 2 3.00 9.00 ",,,, Sarauel Safford " 59 7.08 2 3.00 10.08 "....James Witherell " 17 2.04 2 3.00 5.04 "....John White " 87 10.44 2 3.00 13.44 ".,,, Asaph Fletcher " 27 3,24 2 3,00 6,24 ",,. Elias Keyes " 20 2.40 2 :100 6.40 " Eliakim Spooner " .52 6.24 2 3.00 9.24 " Sarauel Shepardson " 80 9.60 2 ,3.00 12.60 Williara Page Jun'- Secretary 65 7.80 2 5.00 12,80 Arunah W. Hyde Esq'- Sheriff 12 1.44 2 .3.00 4.44 $62.36 $40.00 $102.30 No further business being before the Council, on Motion they ad journed without day. A True Journal, Attest William Page Jun'- Secv- TWENTY-NINTH COUNCIL. OCTOBER 1805 TO OCTOBER 1806. Isaac Tichenor, Bennington, Governor. Paul Brigham, Norwich, Lieut, Governor. Nathaniel Niles, West Fairlee, Jonas Galusha, Shaftsbury, John White, Georgia, Beriah Loomis, Thetford, Noah Chittenden, Jericho, Eliakim Spooner, Westminster, William Page, Jr., Secretary. David Elkins, Sheriff, Councillors: James Witherell, Fairhaven, Asaph Fletcher, Cavendish, Elias Keyes, Stockbridge, Samuel Shepardson, Guilford, Ebenezer Wheelock, Whiting, Josiah Wright, Pownal. BIOGRAPHICAL NOTICE. Gen. Josiah Wright, born in 1752, son of Charles Wright, was brought by his father from Williamstown, Mass., to Pownal in 1763. He represented Pownal in the General Assembly 1793 until 1803, 1796 ex cepted —nine years ; was Councillor 1805 until 1817, 1808 and 1814 excepted— ten years ; Judge of Probate 1801 until 1814— thirteen years; Judge of the County Court 1810 until 1817, 1814 excepted— six years; a Justice of the Peace twenty-four years ; .^ and Presidential Elector in 1804 and 1812. He was one of the Board of Commissioner-s ap pointed in 1807 for the erection of the State Prison, "and is believed," wrote Gov. Hiland Hall, "to have been the active agent and super intendent in its construction." He was Councillor when his death occurred, Jan. 1 1817, from an accident. Gen, Wright and his younger brother, Judge Solomon Wright, differed in political senti ment on the formation of tha Jeffersonian Republican and Federal parties, and each was a party leader in the town aud influential in the Governor and Council — Octoher 1805, 57 County and State, The General was defeated by the Judge in the election for representative in 1796, 1803, and 1804 ; and again in the ap pointments as Judge of the County Court and of the Probate Court in 1814 ; but as during their political lives the Republican party was generally dominant, the largest share of official service fell to the Gen eral. Both were Whigs in the revolution, and rendered military ser vice — the General in the battle of Bennington, and the Judge on the frontier posts at Rutland and Pittsford, Gov, Hall has described them as "men of great natural talent and shrewdness, and possessing sound and discriminating judgments and determined wills, were well calcu lated to lead in all matters in which they respectively took part," — Vt. Historical Magazine, Vol. i, article "Pawlet"; Deming's Catalogue ; and Vt. Legislative Directory, 1876-7, RECORD OP THE GOVERNOR AND COUNCIL AT THE SESSION OF THE GENERAL ASSEMBLY AT DANVILLE, October, 1805, State of Vermont ss, A Journal of the Proceedings of the Governor and Council ofthe State of Vermont at their Session beo-un and holden at Danville, within and for said State, on the tenth day of October, being the second Thursday of that Month, in the year of our Lord one Thousand eight Hundred and five, and of the Independence ofthe United States the Thirtieth, on which day the General Assembly were convened pursuant to the Laws and Constitution of this State Present His Excellency Isaac Tichenor Esq'- Governor, His Honor Paul Brigham Esq'- L'- Governor, of the Council the Hon"'" Jonas Galusha, Sarauel Safford, Noah Chittenden, Jaraes Witherell, Beriah Ijoomis, John White, Nathaniel Niles, Eliakim Spooner, Samuel Shep ardson, Ebenezer Wheelock, Asaph Fletcher & Elias Keyes Esquires, Williara Page Jun'- Secretary, David Elkins Esquire Sheriff of Caledonia' Counly. M'- Safford introduced the following Resolution — Resolved, Th^t a Coraraittee of flve Members be chosen from Council, to join sueli Com mittee as the General Assembly raay appoint, to receive, sort and count the Votes foy Governor, L'- Governor, Treasurer and Councillors foi- the year ensuing and report the same as soon as may be^[which was adopted.] Mess"- Galusha, Witherell, White, Niles & Fletcher were appointed a Committee from Couucil for that purpose and sworn accordingly, . Ordered, That the Secretary acquaint the house of Representatives that a quorum of the Council has convened, and also carry down the foregoing resolution. 53 Governor and Council — Octoher 1805. M'- Shaw, a Member of the house, returned the abo've resolution with the order of that body thereon—" In General Assembly Oct'- 10'"- 1805, Bead, Concurred & Mess"- Rising, Graves, [Jacob] Galusha, S. Porter, Knight, Whitney, Shaw, P, Smith. E, Porter, Enos, Luce, J. [James] Smith, Rich, S, Strong, Frazer, Thayer, Buckingham, Chase, Pearl, Jackson, J, French, Cameron, Arraington, Cahoon. White, Pomeroy, J. Robinson, Hinman, Crafts, Parker, De Forest, Kibbe and S. Phelps appointed a Committee on the part of the House. Attest M. Post Clk. Pro Tem." Council adjourned to 5 O'clk P. M. for the purpose of attending Pub lic Worship.' 5 O'CLOCK P. M. — [Dudley Chase, a] Member ofthe House, informed the Governor and Council that the Coramittee, appointed to receive, sort and count the Votes for Governor, L'- Governor, Treasurer & Coun cillors for the year ensuing, were ready lo report, and requested the at tendance of this branch of the Legislature in the Representatives' Room for the purpose of receiving the sarae. The Governor and Council iraraediately proceeded to the Representa tives' Room for that purpose, when the Committee made the following Report—" Danville October lO*. 1805. To the Hon"'" General Assem bly now sitting at Danville in the County of Caledonia — Your Commit tee appointed to receive, sort & count the Votes fbr Governor, L'- Gov ernor, Treasurer and Councillors for the year ensuing, beg leave to report. That His Excellency Isaac Tichenor Esq'- is elected Governor, His Honor Paul Brigham L'- Governor, Benjamin Swan Esquire Treasurer, Jonas Galusha, Beriah Loomis, Noah Chittenden, James Witherell, Eliakim Spooner, Asaph Fletcher, Samuel Shepardson, Ebenezer Whee lock, John While, Nathaniel Niles, Elias Keyes and, Josiah Wright Esquires Councillors, Attest Jonas Galusha, Chairman.''^'' David Elkins Esquire, Sheriff of Caledonia County, made proclama tion of the same, and the Governor and Council returned to their Chamber and adjourned to 9 O'clock tomorrow morning. Friday October 11*. 1805, 9 O'clock A, M, The Council met pursuant to adjournment — Present His Honor Paul Brigham L'- Governor, of the Council The Hon"'" Jonas Galusha, Be riah Loomis, Noah Chittenden, Janies Witherell, Eliakim Spooner, Asaph Fletcher, Ebenezer Wheelock, John White, Nathaniel Niles, i Rev. John Fitch preached the election sermon. = Gen. Samuel Safford of Bennington, who had been Councillor for twenty-two successive years, was superseded by Gen. JosiAH Weight of Pownal. Gen. Safford was at this time seventy-eight years of age, and possibly expressed a wish to retire; though there is no published evidence to that effect. The above ticket of Councillors, said Spooner's Vt Journal of Aug. 6 1803, was nominated by a caucus of the Jefferso nian members of the Legislature of 1804, with Jonathan Robinson as Governor, Paul Brighara as Lieut. Governor, and William Hunter as Treasurer. No statement of the votes of the freemen can be found, but the election of the Federalists Tichenor and Swan, while the Council and House were Jeffersonian, indicates that many of the Jeffersonians refused obedience to the recommendation of the caucus. Governor and Council — October 1805. 59 Elias Keyes and Josiah Wright Esquires. William Page Jun'- Secre tary, David Elkins Esquire Sheriff. The L'- Governor and the abovementioned Members of the Council proceeded to the Representatives' Room, and after prayer by the Rev"- M'- Goodwillie, the Oaths of Office and to supportthe Constitution ofthe United Slates were adrainistered to them by the Chief Justice. The Council returned to their Chamber and Adjourned to 2 O'clock P. M. 2 O'clock P. M, — Samuel Shepardson Esquire appeared in Council and after taking the Oaths of office and to support the Conslitiition of the United States, took his seat as a Meraber of this board, M'- [Dudley] Chase, from the house, informed the Council that the house were organized and ready to receive any communications from his Excellency the Governor. The Secretary, by direction of the Governor, informed the house that he would wait on thera tomorrow raorning at nine o'clock fo take the necessary oaths and to make his official Communications. Adjourned to 9 O'clock tomorrow morning. Saturday, October 12*. 1806, 9 O'clk A, M, The Council met pursuant to adjournment. The Governor, accompanied by the Council, proceeded to the Repre sentatives' Roora, and, after taking the Oaths of Office and to support (he Constitution ofthe United Stales, delivered to both Branches ofthe Legisliture the following Speech.' The Governor aud Council then .returned to their Charaber and coraraenced business. On Motion Resolved, That all Coraraittees frora this body be ap pointed by the Governor, and in case of his absence by the L'- Governor. The following resolution was received from the house — "In General Assembly Oct'- 11*. 1805. The following standing Committees, accord ing to their respective denominations, vvere appointed on the part of the house, to join such Coram'""" as the Hon'- Council may please to appoint on the same subjects, viz. Comraittee on New Trials — Mess". "VV. Chamberlain, H. French and Gardner. Coraraittee of Insolvency and Suspension— Mess"- Luce, E. Porter, Clap, House and Wilkins, Coraraittee on Petitions of Collectors of State Taxes — Mess"- Fox, -Henry and Galusha. Committee on Banks — Mess"- Hunt, Cottle, Crafts, J. I'"isk, [Jonathan of Williamstown,] P. Smith, B. Phelps and Baker. P'iist Land Tax Committee — Mess"- D. Dyer, Foster & C. Sraith. Sec ond Land Tax Conimittee-=-Mess"- Hall, Fisher & Enos. Third Land Tax Coraraittee — Mess"- Barlow, Painter & Shaffer. First Turnpike Committee — Mess"- Hurd, Kniglit, Chipraan, Freeman, Butts, Chase, Pearl, Pomeroy, Palmer, Hinnian and H. French. Coraraittee on the Glebe Lands — Mess"- Gardner, Williams. R. Parker, Emerson and J. Perry. P^xtract f'loni the Journals, Att, M. Post Clk"— which was read and it was Res(dved to concur in the appointment of the above named ."-landing Committees, and that M'- Galusha join the Committee appointed by tiie house on New Trials— M'- White The Committee of Insolvency and Suspension — M'- Shepardson The Committee on the Petitions of Collectors of State Taxes — Mess"- Niles & Keyes The Com raittee on Banks— M'- Wright The First Land Tax Comraittee— M'- Fletcher The Second Land Tax Committee — M'- Spooner The Third Land Tax Coramittee — Mess"- Witherell & Loomis The First Turnpike 'For speech see Appendix A, 60 Governor and Council — October 1805. Committee— Mess"- Chittenden & Wheelock The Conimittee on Glebe Lands. The following Resolution was received from the House — "Resolved. the Governor and Council concurring herein, that the Members of both Houses meet in County Conventions, at four O'clock in the afternoon Monday next, for the purpose of making County nominations, for County Offlcers, and that both Houses convene in joint Conimittee on Wednes day next, at 10 O'clock in the forenoon in the Representatives' room, for the purpose of receiving such nominations and making the appoint ment of such Officers. Iu "General Assembly, Oct'- 11"'. 1805, Read and passed into a Resolution of this Plouse, and Ordered to be sent to the Governor and Council for their Concurrence. Att. M. Post Clk."— which was read, and it was Resolved to concur therein. The Petition of Josiah Patterson, praying to be released from a Judg ment in favor of the Treasurer of the State against him, was received from the House with this order thereon: "Pn General Assembly Oct'- 11, 1806, Read and Referred to Mess"- Buckingham, Wheatley and Seegar, to join Committee from Hon"'" Council. Att. Martin Post Clk," — which was read, and it was Resolved, That Gov'- Brigham join the aforesaid Committee appointed by the House, The Petition of Jonathan Peterson was received from the house with this order thereon—" In General Assembly Oct'- 11, 1805, Read and Re ferred to the Coramittee on the Petition of Josiah Patterson to join Conimittee from Couucil. Attest Martin Post Clk." — which was read, and it was Resolved, To concur in the above reference. The Petition of Timothy Bush, praying for a New Trial in a certain case therein mentioned, was received from the house with this order minuted thereon — " In General Assembly Oct'- 11, 1805 — Read and Re ferred to the Committee on New Trials to join &c. Attest Martin Post Clk." — in which Reference the Council concurred. The Petition of the Selectmen of Acton was received from the House with this order thereon—" In General Asserably Oct'- 11, 1805— Read & Referred to the Coraraittee on State Taxes to join, Att, Martin Post Clk " — in which reference the Council concurred, A Petition for a Bank at Windsor, the Petition of J. [John] Holbrook and others for a Bank at, Brattleboro', and a Petition for a Bank at Bur lington were received from the house with the following order on each; " In General Assembly Oct'- 11'". 1805— Read & Referred to the Com mittee on Banks to join. Att. Martin Post Clk "—which were severally read, and it was Resolved, To concur in the above reference, A Petition for [a] Land Tax on Colt's Gore, and one for a Land Tax on S'- Albans were received from the house with this order on each— "In General Assembly Oct'- 11'". 1805— Read & Referred to the First Land Tax Committee. Aft. Martin Post Clk "—which were severally read, and it was Resolved, To concur wilh the House in the above reference. A Petition for a Turnpike Road on Connecticut River, the Petition of the Selectmen of S'- Johnsbury fbr a Turnpike Road from Wells River to S'- Johnsbury, and the Petition of Wrioht Spaldino- and others for a Turnpike Road from Onion River thro' Moretown to Hancock, were received from the house with this order on each—" In General Assembly Oct'- 11, 1805-Read and Referred to the First Turnpike Committee to join, Att, Martin Post Clk "—whereupon it was Re solved, To concur with the house in the above reference of the Pe titions, ¦ I'he Petition of the Selectmen of Danby, relative to the Glebe Lands- in said Town, -was i;eceived from the house with this order thereon-"lu General Assembly Oct'- 11, 1805-Read and Referred to the Committee G-yv ernor and Council — OcfoSer 1805, 61 on the Glebe Lands, to join, Att, Martin Post Clk" — which Petition and the order of the house being read, it was Resolved, To concur in the said Reference, Adjourned to 2 O'clock P. M. 2 O'clock P. M.— The Petition of the Selectmen of the Town of Castleton was received from the house with this order of that body thereon — '-In General Assembly Oct'- 12, 1806 -Read & Referred to Mess"- R, Lyon, Ware, Stone, Sam'- Phelps and Walbridge to join, Att, M, Post Clk," — which was read, with the order of the house, and it was Resolved, That M'- Loomis join the above Committee appointed "by the House. Tho Petition of John Huntington was received from the house with this order on it — " In General Asserably Oct'- 12, 1805 — Read and Re ferred to the Committee on the Petition of Josiah Patterson to join. Att. Marti u Post Clk," — in which reference it was Resolved, To Concur, A Petition for a Land Tax on Jay, and one for a Land Tax on War ren, w-ere leceived from the House with this order on each — " In Gen eral Assembly Oct'- 12"'- 1805 — Read and referred to the Second Land Tax Committee to join. Att. M. Post Clk." — •A'hich Petitions and the orders taken by the house on them being read it was Resolved, To con cur with the house in the said Reference. The Petition of .Joseph Safford, for an act of Suspension, was received from the house with this order on the same — "In General Assembly Oct'- 12, 1805 — Read & Referred lo the Committee of Insolvency &c, to join «&c, Att, M. Post Clk" — which was read, and it was Resolved, To concur with the house in the said Reference. An iicl Incorporating certain Persons therein mentioned by the name of the Onion River Turnpike Company, referr'' from the last Session of the Legislature, and a Petition for the grant of a Turnpike Road from Rutland to Cambridge in the State of New York, were received from the house with this order on each — " In General Asserably Oct'- 12, 1805 — Read and Referred to the First Turnpike Committee to join &c. Alt, M, Post Clk " — which were severally read, with the order's of the house, & it was Resolved, To concur with the house in the said Refer ence, An act appointing a Coraraittee lo .receive Proposals for building a States Prison, and also for viewing such places as they shall think proper for that purpose, referred from the last Session of the Legislature, was received frora the house with this order thereon — " In General Assera bly Oct'- 12*. 1805— Read and Referred to Mess"- Aiken, E. Fitch, Tut hill, Noble, Sanford, Wheatley, Brownson. Goodwillie, Hubbard, T. H. Parker, and Hibbard, to join Committee from Council, to take into con sideration all proposals &c. on the subject, and devise ways and raeans to carry the object proposed into effect, Att. Martin Post Clk " — whicli Bill and the order of the house thereon being read, it was Resolved, That Gov. Brigham and M'- Galusha join the Comraittee appointed by the House on the s" Bill, and for the purpose expressed in the order ol the house. Adjourned to 9 O'clock Monday Morning, Danville, Monday, October 14'". 1805, 9 O'clock A, M, The Council met pursuant to adjournment. The Petitions of Samuel Spring and Russell Underwood, praying for remission of flnes imposed upon them by the Supreme Court, for utter ing and passing Counterfeit Bank Bills, at the September Term of said 62 Governor and Council — Octoher 1805. Court holden at Chelsea within and for the County of Orange, were read, and it was Ordered, That the said Petitioners be heard by the Gov ernor & Council tomorrow morning, at 10 O'clock, and that the Sheriff inform i;heir Counsel and the State's Attorney of Orange County of this order of Council. Five Petitions for Turnpike Roads in various parts of the State, one from Sarauel Cahoon and others, one from James AVhitelaw and others, one from Apollos Sraith and others, one from Elijah Dewey and others, and one frora the Weathersfield Turnpike Company were received from the House with this order on each— " In General Assembly Oct'- 12, 1805— Read & Referred to the Turnpike Coramittee to join. Att. M. Post Clk" — which were severally read, with the orders ofthe house thereon, & it was Resolved, To concur with the house in the said Ref erence. Three Petitions, for acts of Insolvency or Suspension, one from John H, Palmer, one from David Robbins, and one from Ozi Baker, were also received from the house with this order on each — " In General Assem bly Oct'- 12, 1805— Bead & Referred to the Coin" of Insolvency and Sus pension to join &c. Att. M. Post Clk " — which were severally read, with the orders ofthe house thereon, & it was Resolved, To concur with the house in the said Reference. Tha Petition of Prince B. Hall, praying for an act of Insolvency, was received from the house with this order thereon — " In General ..Assem bly Oct'- 12"'. 1805 — Bead and Referred to the Committee of Insolvency and Suspension to join &c. Att. Martin Post Clk " — which was read, and it was Resolved, That M'- Chittenden join the said Committee on this Petition in the room of M'- White, the standing Member, who, at his request, was excused. A Petition from Jos. Boyden, First Constable of Guilford, A Petition from the Selectmen of Waitsfield, and a Petition from Alpheus Hall, were received from the house with this order on each — " In General Assembly Oct'- 11'". 1805 — Read & Referred to the Committee on State Taxes to join &c. Att. M. Post Clk " — which were severally read, and the orders of the house thereon, & it was Resolved, To concur with the house in the said reference. A Petition from the Town of Faystown, praying for a Land Tax, was received frora the house vvith this order thereon — " In General Assem bly Oct'- 12*. 1805— Read and Referred to the First Land Tax Com mittee to join &e, Att, M. Post Clk." — in which Reference the Council concurred. The Petition of Richard Sawyer and others, praying for an act to aid the publication of a Land Tax in Corinth, was received from the house wilh this order thereon— " In General Assembly Oct'- 12, 1805— Read and Referred to the Second Land Tax Committee to join &c, Att. M. Post Clk." — in which reference the Council concurred. The Petition of Jared Blood and others, ofthe Society of Methodists, was received from the house with this order on it—'- In General Assem bly Oct'- 12, 1805- Read & Referred to Mes"- Rich, Knight & J, Dyef to join Committee frora Council. Attest Martin Post Clk."— whiclii Petition and the order ofthe house thereon being read, it was Resolved, That M'- Niles join the above Committee appointed by the House. A Petition frora the Selectraen of Charlotte was received from the house with this order of the house thereon—" In General Assembly Oct'. 12, 1805— Read & Referred to Mes"- T, Hammond, Cutler & Leffingwell to join Committee from Council, iVttest Martin Post Clerk"— which was read, with the order of the house, and it was Re solved, That M'- Loomis join the s" Committee appointed by the house. Governor and Council — Octoher 1805. 63 The Petition of Aaron Henry and Heman Henry, praying to be re leased from the payment of a Note given to the Treasurer of the State, was received fi-oni the house with this order of the house thereon — "In General Assembly Oc'- 12, 1805 — Read & Referred to the Committee on the Petition of Josiah Patterson to join &c. Att. M. Post Clk." — in which reference, after reading the s" Petition, the Council concurred. An act for arming the Exempts of the Militia, and an act in addition to an act Entitled an act for regulating aud governing the Militia, both referred from the last Session of the Legislature, and the Petition of Amos Kellogg, were received frora the house with this order thereon — "In Gener.al Asserably Oct'- 12, 1805— Called up and Referred to Mess"- W. Chamberlin, Reed, M"Laughlin, Rich & .J. Rising, to join Committee from Council and take into consideration all matters and Laws relating to the Militia. Att. M. Post Clk." — which vvere severally read and considered, and it vvas Resolved, That Gov- Brigham join tbe above Coraraittee appointed by the house on the said Bills and Petition. A Petition from the inhabitants of Orwell, and one from the Inhabi tants of Concord, were received from the house with this order on each — "In General Assembly Oct'- 12, 1805 — Read and Referred to Mes"- A. Chamberlin, S, Poi-fer, Meach, C. Carpenter and J. Fitch to join Com mittee from Council. Att. Martin Post Clk" — which were read, with the orders of the .house Ihereon, & it was Resolved, That M'- Wright join the s" Committee appointed by the house. The Petition of Richard Mott, for the Privilege of a Ferry from Milton to Southhero, and one frora Ira Fox for the sarae purpose, were received from the house with this order on the same — "In General Assembly, Oct'- 12. 1805— Read & Referred to Mess"- S. Strong, Pond & Hill, to join Coramittee from Council. Att. M. Post Clk" — which were severally read, with the orders of the liiuse thereon, and it was Resolved, That M'- White join the Coraraittee Appointed by the house on the s" Petitions, Adjourned to 2 O'clk P. M. 2 O'clock P, M, — The Petition of Thomas Proctor for a Lottery, and a Petition frora the Heirs of Araos Mansfield for the revival of a Lottery, were received li-oni the house with this order on each — "In General Assembly Oct'- 12, 1806— Read & Referred to Mess"- Galusha, J, Sraith. and E. Jones to join Committee from Council. Att. M. Post Clk" — whicli Petitions and the orders qf the house thereon being read, it was Resolved, That M'- Spooner join the Coraraittee appointed by the house on the said Petitions. The Petition of the Windham County Gramraar School for a grant of the Glebe Lands in said County, and a Petition from the Inhabitants of Tinmouth relative to the Glebe Lands in said Town, were received from the house with this order on each — " In General Asserably Oct'- 14, 1806 — Read and Referred to the Committee on Glebe Lands. Att, M, Post Clk " — which being read, it was Resolved, To concur with the house in the said reference. The Petition of Heman A. Fay and others, on the subject of. Pedlars, was received from the house with this order thereon — " In General As sembly Oct'- 14, 1805 — Read & Referred to Mess"- Painter, Plazletine & Perkins, to join Coraraittee frora Council. Att. M. Post Clk " — which Petition and order of the house thereon being read, it was Resolved, That M'- Fletcher join the Committee appointed by the house on the said Petition. The Petition of several officers in the Second Brigade & Second Di vision of the Militia of this State was received from the house with this order thereon — " In General Asserably Oct. 14, 1805 — Referred to the 64 Governor and Council — October 1805, Militia Committee to join &c, Att, M, Post Clk "—in which reference the Council concurred. Six Petitions relative to Turnpike Roads, viz. one from Leonard Fare well and Stephen Fisk, one frora the Town of Montpelier, one from a number of the Inhabitants of Danby, Wallingford, and M'- Tabor, one from Benjamin Deming and others, one from William Slade, and one from the Inhabitants of part ofthe Towns of Royalton, Bethel and Ran dolph, were received from the house with this order on each— "In General Asserably Oct'- 14, 1805— Read & Referred to the First Turn pike Coramittee to join &c, Att, M. Post Clk " — in which reference the Council concurred. Adjourned to 9 O'clock tomorrow morning. Tuesday, 15'" October 1805, 9 O'clock A, M. The Council met pursuant to adjournment. The following resolution was received from the house — "Whereas, an act passed this liouse, at their last Session, directing the State Treasurer to make a Settlement with the several State's Attornies, and whereas said act proves insuf-ficient to make a final settlement with said State's Attornies, Therefore, Resolved, That a Committee of three he appointed to join such Conimittee as the Governor and Council may appoint, to enquire into the several Laws respecting State's Attornies and the mode of settling their accounts, and report to this house by Bill orTjtherwise. In General Assembly Oct'- 14, 1805 — Read, adopted, & Mess". J, Bayley, Whitney and Strong appointed a Comraittee on the part of the House, Att, Martin Post Clk " — which Resolution was read, concurred and M'- Galusha appointed the Committee from Council to join the said Com- mitlee from the housp. Nine Petitions for Turnpike Roads, viz. one from the Town of Mil ton, one from the Town of Burlington, one from Gam'- Painter, one frora the Freemen of Vergennes, one from Levi Walker and others, one for a Turnpike from Manchester to Chester, one from the Freemen of Ferrisburgh, one frora the Inhabitants of Williston, and one from Ja.-nes Southgate and others were received from the house with this order on each — " In General Assembly Oct'- 14, 1805 — Read & Referred to tbe Turnpike Committee to join &c, Att, M, Post Clk" — in which refer ence the Council concurred, A Petition for a Land Tax on Lemington was received from the house with the following order on the same— •^' In General Assembly Oct'- 14"'. 1805— Read and Referred to the i''irst Land-Tax Coraraittee to join &c. Att. M. Post Clk "—in which reference the Council concurred. The following Petitions for Land Taxes were received from the house, one from the Town of Westford, one from the Town of Johnson, one from the Town of Ferrisburgh, and one from the Town of Wood ford, with this order on each— -'In General Assembly Oct'- 14'"' 1805- Read & Referred to the Second Land Tax Committee to join &c. Att. M. Post Clk."— in which reference the Governor & Council concurred. Six Petitions for Land Taxes, viz. one from the Proprietors and Landowners of Parkerstown [Mendon,] one from Enosburgh Gore, one from the Town of Coventry, one frora the Selectmen of Chittenden, one fbr a Land Tax on the Towns of Newark, Easthaven and Granby, and one from the Town of Starksboro' were received from the house willi this order on each—" In General Assembly Oct'- 14, 1805— Read & Re ferred to the Third Land Tax Comn^ittee to join &c. Att. M. Post Clk,"— in which reference the Council concurred. Governor and Council — Octoher 1805. 65 A Petition from Jedediah Hammond, and one from the Inhabitants of Kingston [Granville] were received from the house with this order on each—" In General Assembly Oct'- 14*. 1805— Read & Referred to the Committee on State Taxes to join &c. Att. M. Post Clk." — in which reference the Council concurred. The Petition of Charles Livermore and others was received from the house with this order on it—" In General Assembly Oct'- 14, 1805— flead & Referred to the Militia Committee to join &c, Att, M, Post Clk," — which was read with the order of the hoiise thereon & it was Re solved, To concur in the said Reference, The Petition of the Selectmen of Lunenburgh was received from the house with this order thereon — " Pn General Asserably Oct'- 14, 1805 — Read & Referred to the Comraittee on the Petition of the Selectmen of Charlotte to join &c, Att. M. Post Clk." — which Petition and the order of the House thereon being read, it was Resolved, To concur with the house in the reference ofthe same. The Petition ofthe Selectmen of Londonderry was received from the house with the following order thereon — "In General Assembly Oct'- 14, 1806 — Read and Referred to Mess"- Knight, Sheldon and Luce, to join Committee frora Council. Attest Martin Post Clk." — which be ing read with the order of the house thereon, it was Resolved, That M'- Keyes join the Coramittee from the House on the aforesaid Petition. The Petition of the Rutland and Stockbridge Turnpike Company was received from the house with this order on it, " In General Assembly Oct'- 14*. 1805— Read and Referred to Mes"- Gilbert, Crafts and Ide, to join Comraittee from Council and to be denominated the Second Turn pike Committee, Att, M, Post Clk." — which was read, and it was Be solved, That M'- Niles join the aforesaid Committee from the house. Adjourned to 2 O'clock P, M, 2 O' CLOCK P, M.— The Petition of John Innes Clark and others, praying for liberty to sell certain Lands, the property of the late copart nership of Clark and Nightingale, was received from the house with this order thereon — " In^General Assembly Oct'- 16, 1805 — Read and Referred, with the act accompanying the sarae, to Mess"- [Nathaniel] Chipraan, Chase & Cahoon to join Committee from Council, Attest Martin Post Clk " — which were read, and it was Resolved, That M'- Ga lusha join the Committee appointed bythe house on the said Petition and Bill accompanying. The following Resolution was received from the house — " In General Assembly Oct'- 12, 1805 — Resolved that a Committee of three be ap pointed to take into consideration the act directing the raode of the Election of Governor, L'- Governor, Treasurer of the State, Councillors and Representatives, and report such araendments, if any, as they shall think expedient. Read and Referred to Mess"- Child, Knight & Cowee, Oct, 16, 1806 — Coraraittee directed to join Committee from Council, Attest M. Post Clk"— which Resolution was read, & it was Resolved, That M'- Fletcher join the Committee appointed by the house on the said Resolution. A Petition from the Selectmen of Windhara was received from the house with the following order on the same— "In General Assembly Oct'- 16, 1805— Read & Referred to the [committee on the] Petition of the Selectmen of Londonderry to join &c, Att, M, Post Clk "—which was read and'it was Resolved, To concur with the House in the said Refer- sncG. The Petition of Matthew Cole, praying for an act of suspension, was received from the house with this order thereon—" In General Assem- 66 Governor and Council — October 1805. bly Oct'- 15, 1805— Read and Referred to the Committee on Insolvency &c, to join &c, Att, M. Post Clk"— which was read, and it was Re solved, To concur with the house in the said Reference. A Petition for a Laud Tax on Goshen was received from the house with this order thereon — " In General Assembly Oct'- 15'". 1805— Read & Referred to the First Land Tax Committee to join &c. Attest Mar tin Post Clk" — in which reference the Council concurred. Three Petitions for Land Taxes, one from the Town pf Sherburne, one from Concord, and one from the Inhabitants of Ryegate, were re ceived from the house with this order on each — " In General Assembly Oct'- 15, 1805— Read & Referred to the Second Land Tax Committee to join &c. Att. M. Post Clerk "—in which reference the Council con curred. A Petition for a Land Tax on Glover was received from the house with the following order minuted thereon "In General Assembly Oct'- 15, 1805 — Read and Referred to the Third Land Tax Committee to join &c. Att. M. Post Clk" — in which reference the Council concurred. The Petition of Williani Buckminster against John Willard, for a new trial, and one from a number of the Inhabitants of Hartland, were received from the House with this order on each — "In General Assembly Oct'- 15, 1805 — Read and Referred to the Coramittee on New Trials to join &c. Attest M, Post Clk" — which were severally read, and it was Resolved, To concur with the house in their reference of the same. The Petition of Daniel Staniford and others, respecting a State's Prison, was received frora the house with the following order thereon, "In General Assembly Oct'- 15, 1805 — Read & Referred to the Committee on the State's Prison business to join &c. Attest Martin Post Clk''— which was read and it was Resolved, To concur with the house iu their reference thereof The Petition of Roger A. Heirn, praying for the Privilege of keeping a Ferry across Lake Champlain, was rece" from the house with this order thereon, 'Tn General Assembly Oct'- 14, 1805— Read and Referred to the Corara'ittee on the Petition of Richard Mott to join. Attest M. Post Clk" — which was read and the said reference concurred in. The Petition of Charles Chaffee was received from the house with this order thereon, "In General Assembly Oct'- 16, 1805— Read & Referred to Mess"- S. Collins, Kidder and A. Beach to join Coraraittee frora Coun cil. Attest M. Post Clk"— which was read, and it was Resolved, That M'- Shepardson join the Comraittee appointed by the House on the said Petition. An act in addition to and in alteration of an act ascertaining tie Principles on which the list of this State shall be made, and directing the Listers in their office & duty, referred frora the last Session of the Legislature, was received frora the house with this new order thereon— "In General Assembly Oct'- 15, 1805— Read and Referred to Mess'- Rich, D. Dyer and A. Perry, to join Committee frora Council, Attest M, Post Clk"— which was read, and it was Resolved, That M'- Keyes join the Coramittee appointed by the house on the same. An Act appointing a Coramittee to ascertain the raost convenient place for a permanent Seat of the Legislature, referred from the last Session of the Legislature, was received from the house with this new order thereon, "In General Assembly Oct'- 16, 1805— Read and referred to Mess'- Graves, Whitney, Enos, Saxton, Buckingham, Perkins, W'"- Chamberlin, White, Crafts and H, French to join Committee from Council. Att. M. Post Clk"— which was read "and it was Resolved, Ihat Mess"- White and Niles join the Committee appointed by the house on the said Bill, Governor and Council — October 1805. 67 The Petition of Johu Taplin was sent from the house with this order thereon, " In General Assembly Oct'- 15, 1806 — Read and Referred to Mess"- Tenney, Kibbe & D, Smith to join Committee from Council, Attest M, Post Clk" — which was read with the order of the house thereon, and it was Resolved, That M'- Wheelock join in the above Committee from the house. An act incorporating an Academy at Rutland in the County of Rut land and State of Vermont, referred from the last Session of the Legis lature, and a Petition frora the Proprietors of Randolph Academy, were received in Council with this new order of the house on each — " In General Assembly Oct'- 15, 1805 — Read and Referred to'tlie Committee on the Petition ofthe Inhabitants of Castleton to join &c. Att. Martin Post Clk," — which was read and it was Resolved, To concur with the house in the said reference. In Council at Danville, October 15'". 1805. Present, His Honor Paul Brigham L'- Governor, of the Council The Honorable Jonas Galusha, Beriah Loomis, Noah Chittenden, James Witherell, Eliakim Spooner, Asaph l''letcher, Samuel Shepardson, Eb enezer Wheelock, .John White, Nathaniel Niles, Elias Keyes and Jo siah Wright Esquires, William Page Ju'- Secretary. The Petition of Samuel Spring, praying to be released and discharged from the payment of a fine of four hundred Dollars and Costs of prose cution amounting to Seventy Dollars, imposed upon him by the Plon'- Supreme Court of Judicature at the Term of said Court holden at Chel sea, within and for the County of Orange, on the first Tuesday of Sep teraber now last past, for uttering and passing counterfeit Bank Bills, was read, and after a full hearing on the Part of the Petitioner, by Counsel, and on the part of Dudley Chase Esq'- State's Attorney for said Orange County, it was Ordered and Adjudged, unanimously, that the Prayer ofthe said Petition be not granted. Tire, Petition of Russell Underwood, stating that he was convicted before the hon'- Supreme Court of Judicature at the Term of said Court holden at Chelsea, within and for the County of Orange, on the first Tuesday of September now last past, of uttering and passing counter feit Bank Bills, and was sentenced, among other things, by said Court, to pay a flne to the Treasury of this State of one hundred Dollars, and Costs of Prosecution, and praying to be released from the payment of the same, was read and after a full hearing on the part of the Petitioner, by his Counsel, and on the part of Dudley Chase Esquire, State's Attor ney of said Orange County, it was, unanimously. Ordered and Adjudged, That the Prayer of said Petition be not granted. Attest William Page Ju'- Secv- A Petition from the Town of S'- Albans, praying for the Grant of a Turnpike Road, was received from the house with this order thereon, "In General Assembly Oct'- 15, 1805— Read & Referred to the Turn pike Committee to join, Att, M, Post Clk," — in which reference the Council concurred, A Petition for a Land Tax on Wenlock and Brunswick was received from the house with the following order thereon — "In General Assera bly Oct'- 15'". 1805 — Read and Referred to the flrst Land Tax Conimittee to join &c, Att, M, Post Clk,"— in which reference the Council con curred. A Petition for a Land Tax on Plymouth was received from the house with this order thereon — " In General Assembly Oct'- 16, 1805— Read & 68 Governor and Council — October 1805, Referred to the Second Land Tax Committee to join &c. Attest Mar tin Post Clk."— in which reference the Council concurred, A Petition from the Inhabitants of Marshfield was received from the house with this order thereon— "In General Assembly Oct'- 15, 1805- Read & Referred to Mess"- Chipman, Morris and Knight to join Com mittee from Council, Att, M. Post Clerk"— which Petition and order being read, it was Resolved, That M'- Loomis join the aforesaid Com mittee from the house. Adjourned to 9 O'clock tomorrow morning. Wednesday, October 16*. 1806, 9 O'clock A. M. The Council met pursuant to adjournment. Pursuant to the joint Resolution of both houses, the Governor and Council proceeded to the Representatives' Room to meet the House of Representatives in joint Coramittee for the purpose of receiving the Nominations of the several County Conventions and appointing the Civil Offlcers in the respective Counties, and after making progress in said business, the joint Coraraittee was adjourned until Saturday morn ing next at ten o'clock to meet in the Representatives' Room. The Council then returned to their Chamber and adjourned to 2 O'clock P.M. 2 O'clock P. M.— The Petition of Jonathan Danforth and Seth Ford was received from the house with this order thereon — "In General Assembly Oct'- 16, .1805 — Read and Referred to the Committee on the Petition of Thomas Procter to join &c. Att. M. Post Clk" — -which was read, and it was Resolved, To concur with the house in the said Reference. The Petition of Jonathan Holton was sent from the house with this order on it — "In General Assembly Oct'- 16, 1806 — Read & Referred to Mess"- Chipraan, C. Sraith & S. Porter to join Coramittee from Council. Attest Martin Post Clk" — which Petition and order of the house being read, it was Resolved, That M'- Wright join the said Committee froiii the house. The Petition of Sylvanus Brigham, praying for an act of Insolvency, ¦ was sent from the house with this order thereon — "In General Assembly Oct'- 16, 1805— Read & Referred to the Comraittee of Insolvency &c. to join &c. Att, M, Post Clk"— which was read and the said reference concurred in. The Petition of James Tracy and others. Two Petitions frora the Inhabitants of Fairfield and one from the Inhabitants of Sheldon were received from the house with this order on each— "In General Assembly Oct'- 16, 1806— Read and Referred to Mess. Chipman, Painter and Pom eroy to join &c, Att. M. Post Clk"— which Petitions and orders thereon being read, it was Resolved, That M'- Chittenden join the aforesaid Committee from the house. The Petition of Abel Jackman and others, praying for the repeal of the law establishing the jurisdictional line between the Towns of 'Vershire and Corinth was received from the house with this order thereon— "In General Assembly Oct'- 16, 1806— Read & Referred to Mess"- Gardner; Dennison, Pearl, Arnold and Clap to join Committee from Council. Att. M. Post Clk"— which Petition and order being read, it was Re solved, That Mess"- Spooner & White join the Committee appointed by the house thereon. The Petition of Ebenezer Weld and John Weld for an act of Suspen sion, was received from the house with this order thereon— "In General Assembly Oct'- 16, 1805— Read and Referred to the Committee of Insol- Governor and Council — Octoher 1805, 69 vency, &c, to join &c. Attest M, Post Clk" — which was read and it was Resolved to concur with the house in the aforesaid reference, A Petition for a Land Tax on Hopkinville [Kirby,] and one for a Land Tax on the Towns of Fairfax, Cambridge, Jofinson, Hydepark, Wolcott, Hardwick, Walden and Danville were received from tlie house with the following order on each — "In General Assembly Oct'- 16, 1805 — Read and Referred to the First Land Tax Committee to join &c, Att. M. Post Clk".— which Petitions and orders thereon being read, it was Resolved, To concur with the house in their reference ofthe same. A Petition from Concord fbr a Bank was received frora the house with this order on it — "In General Assembly Oct'- 16, 1805 — Read and Referred to the Committee on Banks to join &c. Att. M. Post Clk" — which was read and it was Resolved, To concur with the reference as by them made. The Petition of Joseph Jacobs for a new Trial, and a Petition for a new trial in the action of John Mann Ju'- against Josiah Rogers, were received from the house with this order on each — " In General Assem bly Oct'- 16, 1805 — Read and Referred to the Committee on new Trials to join &c, Att, M, Post Clk," — which were severally read, and it was Resolved, To concur with the house in their reference of the same. The following Petitions for Turnpike Roads, one frora Lewis R, Mor ris and his associates, and two for a Turnpike Road frora Wells River to St, Johnsbury were received from the house with this order on each — " In General Assembly Oct'- 16, 1805^Read & Referred to the First Turnpike Coraraittee to join &c, Att. M. Post Clk." — in which refer ence the Council concurred. The Petition of the Proprietors of Berkshire was received from the house with this order thereon — "In General Assembly Oct'- 16, 1805 — Read & Referred to Mess"- House, Sergeant & Crossman to join Com mittee from Council. Att. M. Post Clk." — which Petition and order thereon being read, it was Resolved, That M'- Keyes join the Committee from the house thereon. An act Establishing a [State] Bank was received from the house with this order on it—" In General Asserably Oct'- 16, 1805 — Bro'- in on leave by M'- [Elihu] Luce, read and referred to the Committee on Banks to join. Attest Martin Post Clk," —in which reference the Council con curred. Adjourned to 9 O'clock Tomorrow morning. Thursday October 17«". 1806, 9 O'clock A, M, The Council met pursuant to adjournment. The Petition of Nathaniel P. Sawyer and others, p-raying that the Governor and Council would issue a Charter for the Township of Ster ling, which the Petitioners state has never been done, was read, and it was referred to M'- Witherell to raake enquiries at the Treasurer's office whether the Granting Fees have ever been paid by the Grantees of said Township. Adjourned to 2 O'clock P. M, 2 O'clock P, M, — The following Resolution was received from the house—" In General Assembly Oct'- 17, 1805— Resolved, the Governor and Council concurring herein, that the Members of both houses con vene in the Representatives' Room, at the opening of the house in the morning, on Friday next, for the purpose of Electing the Judges of the Supreme Court for the year ensuing. Read, adopted and ordered to be 70 Governor and Council — Octoher 1805. sent to the Governor & Council for their Concurrence. Att. M. Post Clk."— which was read and concurred. „ tt ^t. The followino- Resolution was also received from the House—- Re solved, that a Committee of Three be appointed by this house to join Committee from Council, to take into consideration the laws relating to the Prosecution of Persons accused of crimes against the State, to see what alterations and explanations are therein necessary, and report to this house by bill or otherwise. In General Assembly Oct'- 17, 1805- Read, adopted & Mess"- Chipman, Morris & W"- Chamberlin appointed a Committee on the part of this house. Att. M. Post Clk."— which was read, concurred and M'- Witherell appointed from Council to join the said Committee from the house. The following Resolution was received from the house— In General Assembly Oct'- 16*. 1805— on motion of M'- Rich Resolved, That his Excellencv the Governor, by and with the advice of Council, be re quested to appoint Thursday the flfth day of December next to be ob served as a day of Public Thanksgiving and Praise throughout this State. Extract from the Journals, Att. M. Post Clk."— which was read & it was Resolved,. That the Council advise his Excellency the Governor to issue his Proclaraation for the purpose mentioned in the s'' Resolution. A Petition fiu- a Turnpike Road from Newbury thro' Ryegate and Part of Barnet, A Petition for one through Ryegate -woods, one for a Turnpike Road leading through the County of Orange, and a Remon strance from the Town of Guilford against the Turnpike Road through Windham County, were received from the house with this order on each— "In General Asserably Oct'- 17, 1806— Read & Referred to the First Turnpike Coramittee to join &c. Att. M. Post Clk,"- which were severally read and it was Resolved, To concur with the house in the said reference. The following Petitions for Land Taxes, one from the Town of S'- Johnsbury, and one frora the Proprietors and Landowners of Barnet, were received from the house with this order on each — "Iu General As sembly Oct'- 17, 1805— Read & Referred to the First Land Tax Com mittee to join &c. Attest M, Post Clk,"— in which reference of the houfce the Council concurred, A Petition for a Land Tax on Newark & Easthaven was rec"- from the house with this order thereon — " In General Assembly Oct'- 17, 1805— Read and referred to the Third Land Tax Committee to join &c. Attest M. Post Clk."— in which reference the Council concurred. The Petition of the Company for rendering Connecticut River Navi gable by Bellows Falls was received from the house with this order thereon— "In General Assembly Oct'- 17, 1805— Read and Referred to Mes"- [Asa] Lyon, S. Porter, Knight, Whitney and A. Chamberlin to join Committee from Council. Att. M, Post Clk," — which Petition and order thereon being read, it was Resolved, That M'- Wright join the Committee from the house on s" Petition, A Petition from Sundry Inhabitants of Peru was received from the house with this order on it: "In General Assembly Oct'. 17, 1805— Bead aud referred to Mes"- Owen, Leach and Underhill to join Coramittee from Council, Att, M, Post Clk," — which was read and M'- 'Wheelock appointed a Coramittee on the part ofthe Council, The Petition of Frye Bayley, and one from Benjamin Bayley fli'st Constable of Groton, were received from the house with this order on each: " In General Assembly Oct'- 17, 1805, Read and referred to the Committee on Slate Taxes to join &c, Att, M, Post Clk "—in which reference the Council concurred. Governor and Council — Octoher 1805. 71 The Petition of Stephen Fisk, and one from Seth Ford and others, were received from the house with this order on each: " In General As sembly Octr- 17, 1805. Read & Referred to the Committee en the Peti tion of the Proprietors of Berkshire to join. Att. M. Post Clk " — in which reference the Council concurred. The Petition of Daniel S, Barlram for a New Trial, and one from Ezekiel K. Bigelow against Jonathan Drewry, were received from the house with this order on each: "In General Assembly Oct'- 17, 1805. Read and Referred to the Coramittee on new trials to join &c. Attest Martin Post Clk " — which were read and the reference of the house concurred in. A Petition from Isaac Bundy and others was received from the house with this order thereon: "In General Assembly Oct'- 17, 1805. Read and referred to the Committee on the Petition of the Selectmen of Cas tleton. Attest M. Post Clk " — in which reference the Council con curred. Adjourned to 9 O'clock tomorrow morning. Danville, Friday, October 18«". 1805, 9 O'clock A, M, The Council met pursuant to adjournment. Pursuant to the Concurrent Resolution of both houses, the Governor and Council proceeded to the Representatives' Room for the purpose of electing the Judges ofthe Supreme Court, and having accomplished the same, returned to their Chamber and resumed the consideration of business.-' The following resolution was sent from the house: "Resolved that a Coramittee of three be appointed on the part of this house, to join such Committee as shall be appointed by the Council, to consider of the ex pediency of 'extending the qualifications of Jurors and appraisers of lands, and to other cases, to lessees of lands for terms of years. In General Assembly Oct'- 17, 1805. Read and Referred to Mess"- Chip- man, Chase and Leavenworth to join Committee from Council. Att, M. Post Clk " — which was read, and it was Resolved, That M'- With erell join the Committee appointed by the house on the aforesaid Reso lution. A Petition from the Inhabitants of Wheelock, Lessees of the Trus tees of Dartmou'jh College, praying to be admitted to the privileges of Freeholders, was received frora the house with this order thereon: "In General Assembly Oct'- 17, 1805. Read and referred to the Committee on M'- Chipman's resolution on the same subject, to join Committee frora Council. Attest M, Post Clk " — in which reference the Council concurred. A Petition from the Town of Waterford, for a Turnpike Road thro' Ryegate woods, and one from David Sheldon and others for a Turnpike Road, were received from the house with this order on each: " In Gen eral Assembly Oct'- 17, 1805, Read and Referred to the First Turnpike Committee to join &c, Att, M, Post Clk "—in which reference the Council concurred. The Petitions of B. Goodhue and William Wallace, for acts of Sus pension, were received from the house with this order on each: "In General Assembly Oct'- 17, 1805, Read and Referred to the Committee ' Jonathan Robinson, Royall Tyler, and Theophilus Harrington were elected Judges, 72 Governor and Council- of Insolvency &c, to join &c, Att, M, Post Clk ''—which were read and the reference of the house thereon concurred in, A Petition from the Inhabitants of the Town of Barre was received frora the house with this order thereon. " In General Assembly Oct'-. 17, 1805. Read and Referred to the Committee on State Taxes to join &c. Att, M. Post Clk "—which was read and the reference of the house thereon concurred in, A Petition for a Land Tax on the Town of Waterford was received from the house with this order minuted on the same: "In General Assembly Oct'- 17, 1805, Read and referred to the Third Land Tax Committee to join &c. Attest M. Post Clk" — which was read and the reference ofthe house thereon concurred in. The Petition of [Gen.] William Barton was received from the house with this order of that body on it: "In General Assembly Oct'- 17, 1805. Referred to Mess"- [Arad] Hunt, Pearl, Shaw, Bullock and Hurd to join Coramittee from Council. Att. M. Post Clk" — & it was Resolved, That M'- Wright join the Committee from the house on said Petition, M'- Witherell, the Committee on the Petition of Nathaniel P, Sawyer and others, for a Charter for Sterling, reported that he was satisfled the Granting fees for said Township had been paid, by an enquiry and examination at the Treasurer's office. And the said Petition being under consideration, it was Resolved, That His Excellency the Governor be advised and requested to issue a Charter of Incorporation for the Township of Sterling, to the Proprietors' whose names are in the Ust certiflad by the Land Committee, under such Terms, Restrictions and Reservations as are comprised in the Charters of other towns granted by this State. Adjourned to 9 O'clock Tomorrow morning. Saturday, October 19*. 1805, 9 O'clock A, M. The Council met pursuant to adjournment. A Petition for a Turnpike Road through this State in a direction from Montreal to Boston, was received from the house with this order thereon: "In General Assembly Oct'- 18"'- 1805. Read and Referred to the First Turnpike Committee to join &c. Att, M, Post Clk"— which was read, and the reference ofthe house thereon concurred in. The Petition of the Inhabitants of Montpelier, for a new County, was received from the house with this order thereon: "In General Assembly Oct'- 18'". 1805, Read and referred to Mess"- Wheatley, Leavenworth, Stanley and Cameron to join Committee from Council, Att, M, Post Clk"— which was read, and it was Resolved, That M'- Niles join the Committee from the house ou the said Petition, Four Petitions for a new County, one from the Inhabitants of More- town, one from Faystown, one from Calais, and one from Waitsfield, were received from the house with this order on each- "In General Assembly Oct'- 18'". 1805, Read and Referred to the Coramittee on the Petition of the Inhabitants of Montpelier to join &c Att M Post Clk"— which were read and the reference there'on concurred in A Petition from the Inhabitants of Deweysburgh was received from the house with this order thereon: "In General Assembly Oct, 18, 1805, Read and referred to Mess"- S, Bayley, Muzzy, and Holton to join Com mittee from Council Attest M, Post Clk"-which was read, and it was Resolved, That M'- Galusha join the Coraraittee appointed by the house on the aforesaid Petition, -' Go'Jernor and Council — Octoher 1805. 73 A Petition from the Caledonia Turnpike Corapany was received from the house with this order on the same: " In General Assembly Oct'- 18, 1805, Read and Referred to the second Turnpike Conimittee to join ^c. Att. M. Post Clk." — which was read and the reference of'the house thereon concurred in. Pursuant to Adjournment the Governor and Council proceeded to the Representatives' Room for the purpose of compleating the appoint ment of County Officers, and, after making progress in the same, ad journed to Tuesday next at ten o'clock in the forenoon, to meet in the Representatives' Room, and the Council returned to their Chamber and resumed the consideration of business. A Petition frora the Town of Newbury for an academy was received from the house with this order thereon: "In General Asserablv Oct'- 18,1805. Read and Referred to the Coramittee on the Petition 'of the Selectmen of Castleton to join &c. Att. M. Post Clk." — which was read, and the reference of the house thereon concurred in. An Engrossed Bill, passed in the house of Representatives, was sent to the Governor and Council for their revision and concurrence or pro posals of Amendment, Entitled "an Act directing the Treasurer of this State to pay William Plewes the sum therein mentioned," which was read and it was Resolved, To concur with the house in passing the said Bill into a Law. Au Engrossed Bill, passed iu the house of Represent,atives, Entitled '-An act directing the Auditov of accounts in his duty as to the allowing accounts &c." was sent to the Governor and Council for their revision &c, & being read, it was on raotion Resolved, That it be referred to M'- Shepardson. Tlie Honorable Royall Tyler Esquire appeared in Council and The Governor administered to him the oaths, prescribed by the Constitution and Laws of this State, faithfully to execute the Office of Side or Assis tant .Judge of the Supreme Court of Judicature and Court of Chancery for the year ensuing. Adjourned to 2 O'clock P. M. , 2 O'clock P, M.— A Petition from the Inhabitants of Concord was again received from the house with this new order thereon: "In Gen eral Assembly Oct'- 19'"- 1805. Report read and Petition recommitted to join &c. Attest Martin Post Clk " — in which recomraittment the Council concurred. An act appointing a Committee to lay out a Road in 'Woodstock was received from the liouse with this order thereon: "In General Assem bly Oct'- 19*. 1806, Read and Referred to the Committee on the Peti tion ofthe Inhabitants of Woodstock to join &c. Att. M. Post Clk." which was read and it was Resolved, That M'- Fletcher join the Com mittee alluded to in the order ofthe house on the foregoing Bill. A petition from the Inhabitants of Fairfax for a land Tax was received from tbe house wilh this order thereon: '-In General Assembly Oct'- 19"-' 1805. Read and Referred to the Third Land Tax Conimittee to join &c. Attest M. Post Clk." — which was read and the reference of the house thereon concurred in. An act directing the Treasurer of this State to pay to Timothy F. Chipman the sum therein raentioned, was received from the house with this order thereon: " In General Assembly Oct'- 19, 1805; This Bill was brought in on Motion of M'- Rich, Read and Referred to the Militia Committee to join &c. Att. M. Post Clk."— which was read and the order ofthe house, thereon concurred in. The Petition of Roger A, Heirn was again received from the house 74 Governor and Council — October 1'805. with this new order thereon: "In General Assembly Oct'- 19"'. 1805, Report read and recommitted to same Committee to join &c. Attest Martin Post Clk."— in which recoramittment the Council concurred. An Act establishing the Sand-Bar Turnpike Company was received from the house with this order thereon: "In General Assembly Oct'- 19, 1806. Read and Referred to the First Turnpike Committee to join &c. Att. M. Post Clk."— in which reference the Council concurred. An Act assessing a Tax of Four Cents per acre on the west part of Goshen Gore adjoining Wheelock in Caledonia County was received from the house with this order on the same: "In General Assembly Oct'- 19*. 1806. Read & Referred to the First Land Tax Committee to join &c. Attest M, Post Clk," — which was read and the reference of the house thereon concurred in. The following Resolution was sent frora the house: "In General Assembly Oct'- 17, 1805, Resolved, That our Senators in the Congress of the United States be instructed, and our Representatives requested, to take all legal and necessary steps, and to use their utmost exertions, as soon as the same is practicable, to obtain an amendment to the Fed eral Constitution, so as to empower the Congress of the United States to pass a Law, whenever they may deem it expedient, to prevent the further importation of Slaves or people of color from any of the West India Islands, from the Coast of Africa or elsewhere, into the United States, or any part thereof Resolved, Therefore, that the Governor be, and he is hereby requested to transmit Copies of the foregoing resolu tion to our Senators and Representatives in Congress, and also to the Executives of all the different States in the Union, with a request that the same may be be laid before their respective Legislatures, for their concurrence and adoption. Oi'dered to be sent to the Governor and Council for their Concurrence, Att. M. Post Clk" — which was read, and on motion amended by adding the following Preamble — "Whereas the Governor of this State has laid before this Assembly a Resolution ofthe Legislature of North Carolina, dated Dec'- 4'"- A. D. 1804, propos ing such an Amendment to the Constitution of the United States as shall authorize Congress to prevent the importation of Slaves into the United States" — which resolution was adopted and concurred in as amended, and M'- Niles requested to inform the house of the reasons of Council in proposing such amendment.' Adjourned to 9 O'clock Monday Morning. Monday, October 21"'. 1805, 9 O'clock A. M. The Council met pursuant to adjournment. An act explanatory of a Provision in Sundry Turnpike Grants, referred from the last Session of the Legislature, was received from the house with this order thereon: "In General Asserablv Oct'- 19, 1805. Read and Referred to Mes"- E. Porter, Henry, E. Fitcli, J, Rising and White to join Conimittee from Council, Attest Marti'n Post Clk"- which was read and it was Resolved, That M'- Loomis join the said Committee appointed by the house. Adjourned to 2 O'clk P, M. 2 O'clock P, M,— The following written message was received from the house: "In General Assembly Oct'- 21, 1805, Resolved, that the house concur with the Governor and Council in their Amendment pro- ' For the resolutions of North Carolina, see Appetidix B, Governor and Council — Octoher 1805, 75 posed to the resolution recommending an amendment to the Constitu tion of the United States similar to that expressed in the Resolutions communicated from the Governor of North Carolina. Extract from the Journals, Attest Martin Post Clk," The following resolution was received from the house: "Resolved, the Governor and Council concurring herein, that both houses meet in the Representatives' Room, at the opening of the house on Tuesday morning next, for the purpose of electing a Surveyor General an({ Audi tor of accounts against this State, In General Assembly Oct'- 21, 1805. Read and Passed, Att, M, Post Clk.'' — which was read and concurred. A remonstrance from- one hundred and flfty three Inhabitants of the Town of Fairfleld, against a Petition from that Town, was received frora the house with this order thereon: ''In General Assembly Oct'- 21, 1805. Read and referred to the Comraittee on the Petition of the In habitants of Fairfield to join &c. Att. M. Post Clk"— vvhich was read and the reference of the house thereon concurred iu. The Petitions of Christopher Roberts, aud of Martin Roberts Adminis trator of John Roberts deceased, vvere received from the house with this order on each: "In General Assembly Oct'- 21, 1805. Read and referred to Mes"- Morris, Hunt and Chfise to join Coramittee ffom Council. Attest Martin Post Clk" — which were severally read, and it was Re solved, That M'- Galusha join the Committee appointed by the house on the said Petitions. The following resolution was read, adopted and ordered to be sent to the house for their concurrence: Resolved, The House of Representa tives concurring herein, that both houses meet in joint Committee, at the opening of the house on Tuesday morning next, for the purpose of electing a Brigadier General, in the First Brigade, in the Third Division of the Militia of this State, in the room of Brigadier General Joseph Cook resigned. An Engrossed Bill, passed in the House of Representatives, Entitled " An act laying a Tax of «ne Cent per acre on the Town of Woodford," was sent to the Governor and Council for their Revision &c, and being read, it was on motion amended by erasing the words " Public Rights " in the first line of the Fourth Section and inserting the following words viz. " lands sequestered to public and pious uses," and then it was Re solved, To concur with the house in passing the same into a Law as araended, and M'- Keyes appointed to inform the house ofthe reasons of Coiincil iu proposing the said amendment. An Engrossed Bill, passed in tne House of Representatives, Entitled "An act enabling Charles Miller, a subject of his Brittannic Majesty, to hold a certain parcel of lands in this State," was sent to the Governor and Council for their revision &c, read & Resolved, That it be referred to Mess"- Witherell and Shepardson. An Engrossed Bill, passed io the House of Representatives, Entitled " An act authorizing the Clerk of Caledonia County to make a certain record," was sent to the Governor aud Council for their revision &c. which was read, and on motion Resolved, That it be referred to M'- Wheelock, The Committee on the Bill Entitled "An act directing the Auditor of Accounts in his duty as to allowing accounts" &c, reported that it ought not to pass into a Law, whereupon it was Resolved, To nonconcur with the House in passing the said Bill into a Law & for the following rea son viz. That the present Gorapensation allowed by law for the support of State Prisoners and Criminals is amply sufficient. Ordered, That the Secretary acquaint the house therewith. An Engrossed Bill, passed in the House of Representatives, Entitled 76 Governor and Council — Octoher 1805. " An act in addition to an act Entitled an Act reducing into one the several acts for laying out, making, repairing and clearing Highways," was sent to the Governor and Council for their revision &c, which was read, and on motion it was Resolved, To concur with the house in pass ing the said Bill into a Law. The resolution of Council, relative to the Choice of a Brigadier Gen eral in the first Brigade and Third Division of the Militia of this State was returned from the house concurred. An act granting to Roger A. Heirn the Privilege of Keeping a Ferry was received from the house with this order thereon: "In General As sembly Oct'- 21"'' 1805. Read and Referred to the Committee on the Petition of Roger A. Heirn accompanying. Att. M. Post Clk "—which was read and the reference of the house tliereon concurred in. Adjourned to 9 O'clock Tomorrow morning. Tuesday, October 22"". 1806, 9 O'clock A. M. The Couu(iil met pursuant to adjournment. The Governor and Council proceeded to the Representatives' Room according to adjournment, for the purpose of compleating the elections of the County Officers, and after making progress therein adjourned to ten O'clock on Thursday morning next, then to meet in the Represent atives' room. The joint Committee then proceeded, according to the concurrent Resolutions of both houses, to the election of The S°urveyor General, and the Ballots bein,g counted, Joseph Beaman Esq'- was de clared duly elected. The Election of the Auditor of Accounts against the State on motion of M'- Morris, was postponed untill the openincr of the house on Wednesday morning of the next week. They also, in° pursu ance of the concurrent resolution of both houses, proceeded to the elec tion of a Brigadier General of the First Brigade in the Third Division of the Militia of this State, in the room of Gen'- Jos. Cook resigned.* The joint Committee then dissolved, and the Governor and Council re turned to their Chamber and resumed the consideration of business. The Petition of Jonathan Danforth and Seth-Ford was a^ain received from the House with this new order thereon: "In General Assembly Oct'- 21, 1805. Report read, not accepted & recommitted to the former Comraittee, with the addition of Mes"- A, Robinson, Barlow & Sowles to join &c. Attest M, Post Clk,"— in which recomraittment the Coun cil concurred with the addition of M'- Chittenden on the part of the Council to said Coramittee. An Engrossed Bill, passed in the house of Representatives, Entitled " An act granting a new trial in a certain case therein mentioned," was sent to the Governor and Council for their revision &c. read & Re solved, That It be committed to M'- Witherell for amendment vision &c. which was read and it was Resolved, To concur with the house in passing the said Bill into a Law Adjourned to 2 O'clock P, M, Hon?pTRf, ,!; ^'7'^''" following Engrossed Bills, passed in the House of Representatives were sent to the Governor and Council for their revision &c.-"Ad Act directiug^th^^ to pay Benjamin ' Col, Timothy F, Chipman was elected. Governor and Council — October 1805. 77 Emmons Jun'- the sum therein mentioned,'' and "An act laying a Tax of Four Cents per acre on that part of Goshen Gore adjoining 'Wheelock," which were severally read & it was Resolved, To concur with the house in passing Uie said Bills into Laws. The Comraittee on the .Bill Entitled "Au act authorising the Clerk of Caledonia C O'CLOCK P M,— An Engrossed Bill, passed in the House of Repre sentatives, Entitled "An act granting relief to the Company for render- ino- Connecticut River Navigable by Bellows Falls," was sent to the Governor and Council for their revision &c. which was read and com mitted to M'- Galusha for amendraents, who reported sundry amend ments to be made to the said Bill, which were adopted, and it was on motion Resolved, To concur with the house in passing the said Bill into a law as amended, and M'- Galusha appointed to inform the hpuse ofthe reasons of Council for proposing the sarae. t^ . , , An Engrossed Bill, passed in the house of Representatives, Entitled "An act annexing part ofthe Town of Peru to the Town of M'- Holley" was sent to the Governor and Council for their revision &c, which was read, and it was Resolved, To concur with the house in passing the said Bill -into a Law, Adjourned to 9 O'clock Tomorrow morning. Thursday, October 24*. 1805, 9 O'clock A, M, The Council met pursuant to adjournment. Pursuant to adjournment the Governor and Council proceeded to the Representatives' Room for the purpose of compleating the elections of the County Officers, and, after flnishing the same, the joint Comraittee of both houses was dissolved, and the Governor and Council returned to their charaber and adjourned to 2 O'clk P, M, 2 O'CLOCK P/M. — A Remonstrance froni the luhabitants of Water ford against a Land Tax on said Town was received from tbe house with this order thereon: "In General Assembly Oct'- 23, 1805. Read and Referred to the First Land Tax Committee to join &c. Attest M Post Clk" — which was read and the reference ofthe house thereon cou- curred in. An Engrossed Bill, passed in the house of Representatives, Entitled " An act restoring -John Mann Jun'- to his Law," was sent to the Gov ernor and Council for their revision &c. read and amended by ins^tiog after tho word " him " in the twelfth line of the Second Page_ these words, " or to be left at his last and usual place of abode," and it was Resolved to concur with the house in passing the said bill into a Law as amended. An Engrossed Bill, passed in the house of Representatives, Entitled " An act directing the Treasurer to pay to Joshua Beemistlie sum of Twenty Dollars," was sent to the Governor and Council for their revis ion &c. which was read and committed to M'- Shepardson. An Engrossed Bill, passed in the house of Representatives, Entitled "An act laying a Tax of Five cents per acre on the Town of Johnson," was sent to the Governor and Council for their revision &c. which was read and amended, aud it was Resolved, To concur with the house in passing the same into a Law as amended. On Motion of M'- Loomis, he was excused frora setting [sitting] with the Committee appointed by the house on the Petition for an Academy Governor and Council — Octoher 1805, 79 at Newbury, and on the Petition from the Proprietors of Randolph Academy, and Gov'- Brigham appointed in his roora to join the Com mittee from the house on the s" Petitions, The Committee to whom was referred the Bill Entitled " An act granting a new Trial in a certain case therein mentioned," reported the following amendments, viz. After the word "Administrators" in the Fourth line of the Bill, insert these words, " and twelve days previous notice being given by the said Administrators to the said S'- Clair, by causing a true and attested copy of this Act to be delivered to the said S'- Clair, or left at his last and usual place of abode," and add these words to the bill, " together with the costs hereafter accruing " — which were adopted, & ir, was Resolved, To concur with the house in passing the said Bill into a Law with the said proposals of amendment, and M'- Witherell appointed to inform the house of the reasons of the same. An Engrossed Bill, passed in the house of Representative^, Entitled "An act for the relief of Aaron Henry, Heman Henry, and Ebenezer Beach," was sent to the Governor and Council for tiieir revision &c, which was read, amended, and it was Resolved, To coucur with the house in passing the said Bill into a Law as amended, and M'- Galusha appointed to inform the ho.use of the reasons of Council in proposing the said amendments. Adjourned to 9 O'clock Tomorrow morning. Friday, October 25*. 1805, 9 O'clock A. M, Tho Council met pursuant to adjournment. The following Engrossed Bills, passed in the house of Representatives, were sent to the Governor and Council for their revision aud concur rence or proposals of amendment: "An act suspending suits against Matthew Cole for the Term of Five Years; An act granting relief to Hosea Chubbuck;" and "An act directing the Treasurer of this State to credit to Alpheus Hall" &c, which Bills were severally read and considered, and it was Resolved, To concur with the house in passing them into Laws, Adjourned to 2 O'clock P, M. 2 O'clock P, M, — An act in addition to an act incorporating certain persons by the name of the Rutland and Stockbridge Turnpike Com pany was received from the house with this order thereon; "^In Gen eral Assembly Oct'- 25, 1805. Read and Committed to the second Turn pike Committee to join &c. Att, M, Post Clk," — which was read, and the reference ofthe house thereon concurred in. The Petition for a Land Tax on Plymouth was again rec"- frora the house with this new order on the same: "In General Asserably Oct'- 25'". 1805. Report Read and recommitted to the forraer joint Comraittee to examine facts &c. and make report. Attest Martin Post Clk." — in which recommittment the Council concurred. An Engrossed Bill, passed in the house of Representatives, Entitled ''An act to establish a Bank" [at Windsor,] was sent to the Governor and Council for their revision &c. which was read and Ordered, That it lie on the Table, An Eagrossed Bill, passed in the house of Representatives, Entitled "An act supplementary to the act establishing a Corporation by the name ofthe Northern Turnpike Company of Vermont," was sent to the Governor and Council for their revision &c, which was read and referred to Mes"- Galusha & Keyes, Adjourned to 9 O'clock Tomorrow morning. 80 Governor and Council — October 1805. Saturday, October 26*- 1805, 9 O'clk A. M. The Council met pursuant to adjournment. The following written raessage was transraitted from the house: "In General Asserably Oct'- 25, 1805. Resolved to concur with the Gov ernor and Council in their amendments to the Bill Entitled "An act laying a Tax of five cents per acre on the Town of Johnson for the pur- poses^therein raentioned," and the Bill Entitled "An act restoring John Mann Jun'- to his Law." Extract frora the Journals, Attest Martin Post Clk." The Committee on the Bill Entitled "An act directing the Treasurer to [pay to] Joshua Beemis the sum of Twenty Dollars," reported that it ought to pass, which was read, and it was Resolved, To concur with the house in passing the same into a Law. An Engrossed Bill, passed in the house of Representatives, Entitled "An act laying a Tax of Two cents per acre on all the lands in the Township of Ferrisburgh," was sent to the Go'vernor and Council for their revision &c. whicli was read & on motion Resolved, To concur with the house in passing the said Bill into a Law. The Coraraittee on the Bill Entitled "An act enabling Charles Miller, a subject of his Brittannic Majesty, to hold a certain parcel of land in this State," reported that the same ought not to pass, whereupon it was Resolved, To nonconcur with the house in passing the said Bill into a Law, for these reasons, to wit, 1"'- That by the Constitution of the United States the power of regulatins the naturalization of Foreigners is vested in Congress; and that the s"aid Miller has in no part brought himself within the provision of the law passed by Congress on that subject; two of the essential requisites of which being a residence in this or some of the United States, and taking the Oaths of Allegiance, neither of which it appears that the said Miller hath done, but that he has been and still is a subject of his Brittannic Majesty; neither does he pretend that he has an intention of becoming a Citizen of this or any of the United States. 2""- The Council, therefore, consider it inexpe dient and irapolitic to confer the rights of Citizenship upon the subject ofany foreign power, solely for the purpose of enabling him to take the advantage of a Statute made for the purpose of quieting the Citizens of this State in their possessions. The Petition of William Buckminster against John Willard for a new Trial was again received from the house with this new order thereon :» "In General Assembly Oct'- 25, 1805, Report read, and this Petition recommitted to the Committee on new Trials to join &c, Att M. Post Clk" — which recomraittment was concurred in. An Engrossed Bill, passed in the house of Representatives, Entitled " An act in addition to an act Entitled an act constituting the supreme Court of Judicature," was sent to the Governor and Council for their revision &c. which was read and referred to Mess"- Loomis and Wright. The following Engrossed Bills, passed in the house of Representa tives, were sent to the Governor and Council for their revision and con currence or proposals of Amendment, viz. "An Act laying a Tax of two Cents per acre on the Town of Chittenden; An Act laying a Tax of four Cents per acre on the Town of Fairfax; An Act granting to Roger A. Heirn &c. the exclusive right of keeping a Ferry &c, &c, and An act to free the body of Williara Wallace from arrests," which Bills were sev erally read and considered, and it was Resolved, To concur with the house in passing them into Laws. The Petition of Jonathan Danforth and Seth Ford was a third time received frora the house with this new order on it: " In General Assefflr bly Oct'- 25*. 1806, Report read and recommitted to the former joint G'yvernor and Council — Octoher 1805, 81 Committee, Attest M, Post Clk " — which recommittment was con curred in. The Committee on the Bill '- Supplementary to the act establishing a Corporation by the name of the Northern Turnpike Company of Ver mont " reported sundry amendraents to be incorporated in said Bill, which were adopted & it was Resolved, To concur with the house in passing the said Bill into a Law, with the proposals of amendment, and M'- Galusha was appointed to inform the house ofthe reasons of Council, Adjourned to 9 O'clock Monday niorning. Monday October 28*. 1805, 9 O'clock A. M. The Council raet pursuant to adjournment. The Committee on the Bill Entitled "an act in amendment of an act Entitled an act in addition to an act Entitled an act defining the Powers of Justices ofthe Peace" &c, reported sundry amendments, which were adopted, and then it was Resolved, To concur with the house in passing said Bill into a Law with the said Proposals of Amendment, and M'- Galusha appointed to acquaint the house with the reason of Council in proposing them. The Bill to incorporate the Bank [at Windsor] being called up, it was moved by M'- Niles, that the Governor and Council do nonconcur with the house in passing said Bill into a Law, which was advocated by the mover and M'- Galusha, and opposed by the L'- Governor and Mes'- Keyes and Loorais. Adjourned to 2 O'clock P, M. 2 O'clock P, M, — An Engrossed Bill, passed in the house of Repre sentatives, Entitled "An act to regulate the choice of a Council of Censors," was sent to the Governor and Council for their revision &c, which was read & Resolved, To concur with the house in passing the said Bill into a Law, M'- Niles' motion to nonconcur in passing the Bill to incorporate a Bank being under consideration, Mes"- Witherell & Niles advocated its adoption, and on the question shall the motion prevail, the yeas and nays being required by M"^- Witherell were as follows: Yeas, Mess, Galusha, Chittenden, 'Witherell, Spooner, Fletcher, Shepardson, Whee lock, White, Niles, and Wright, Nays, L'- Governor Brigham, Mess"- Loomis and Keyes. Yeas 10, Nays 3 — so it was Resolved, To non concur with the house in passing the said Bill into a Law, and the following reasons adopted and ordered to be transraitted to the house for such nonconcurrence: The Governor and Council are of opinion, that as credit may be too much restricted, so it may, also, be improperly extended: and that any further extension of it, in our country, by bank ing operations, would be to carry it to an extent, which would be, not only useless, but hurtful to society. Credit is not less liable than money, to be misimproved, and while the raisiinprovement of money merely diminishes property, that of credit creates debt, and when it is employed - to discharge one debt, by incurring another, nothing can commonly be gained. Those who borrow, for the purpose of discharging debts, all- ready contracted, without some fair prospect of exoneration, will, prob ably, be still less- provident, when encouraged to believe, they may make further loans to repay the present. In this way, every Banking operation, in our Country, in its present condition, seems rather, than any thing else, a vicious substitute for that industry and economy, which constitute the best portion of our means of livelihood, general ease and 6 82 Governor and Council — Octoher 1805, affluence. The Governor and Council are further of opinion, that sud den changes, in the quantity of circulating mediura, are not less fatal to general prosperity, than all such changes in the atmosphere to the com fort and health of raankind. They operate, powerfully, to shift property from hand to hand without at all augmenting the general wealth of a country. Banking establishments, to say the least, possess, in a very high degree, the very dangerous power, of producing such changes, in the circulation of the pecuniary medium of commerce. The Governor and Council are unwilling to augment this power, by any additions to the number of Banks, allready in operation. Neither are they willing, by overloading the system, to increase those means, by which it may ultiraately sink, and, in that case, necessarily draw after it, the unavoid able ruin of multitudes,' The following Bills, parsed 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 three cents per acre on the Town of Jay; An act confirming the Titles of Lands in the Town of Marshfield,"- and -'Ah act to legalize the proceedings of Aanm Knap])," which were severally read, and it was Resolved, To concur with the house in passing the said Bills into Laws. Au Engrossed Bill, passed in the house of Representatives, Entitled "An act directing the Treasurers therein mentioned to credit certain suras to the Town of Newbury," was sent to the Governor and Council for their revision &c. which was read, and on motion referred to M'- Shepardson. An En.grossed Bill, passed in the house of Representatives, Entitled •'An act in addition to an act Entitled An act laving a Tax of three Cents per acre on the Town of Northfield passed "Oct'- 29'". 1804," was sent to the Governor and Council for their revision &c. which was read and committed to M'- Witherell. Au Engrossed Bill, passed in the house of Representatives, Entitled "An act in addition to an act laying a Tax of Two Cents, on each acre, public rights excepted, in, the Town of Stratton," was sent to the Gov ernor and Council for their revision &c. which was read and referred to M'- Loorais. The following Engrossed Bills, passed in the House of Represent atives, were sent to the Governor and Council for revision &c.— "An act laying a Tax of one cent and five mills per acre on Enosburgh Gore in the County of Franklin," and "An act for the partition of certain of the real estate whereof John Innes Clark and Joseph Nightingale were possessed"— which were severally read, and it was Resolved, fo concur with the house in passing thera into Laws. Adjourned to 9 O'clocic Tomorrow mornino-. „, ^ ., Tuesday October 29'". 1806, 9 O'clock A. M. Ihe Council raet pursuant to adjournment. The following Engrossed Bills, passed in the house of Representatives, were sent to the Governor and Council for their revision and concur- ' As it is apparent that Nathaniel Niles took the lead in opposition lo banks, it raay be reasonably presumed that he was the author of this argument. See Vol, iv, p. 390. ' This act embraces the deed of the Indians to Isaac Marsh, wbich deed conveyed the township in consideration of one hundred and forty pounds lawful money.— See Laws of Vermont, 1805, p. 84. Governor and Council — October 1805, 83 rence or proposals of araendraent, viz, "An act incorporating and estab lishing an Academy in Rutland; An act conflrming a Grammar School in the County of Rutland; An act laying a Tax of Two Cents per acre ou the Town of Starksborough; An act directing the Treasurer to pay Frederick Richardson the sum therein mentioned; An act directing the Treasurer of the State to credit the Town of M'- HoUey the sura therein mentioned; An act altering the Stage or Post road leading from Ver gennes to Rutland" &c, and "An act directing the Treasurer of the State to credit the Town of Guilford the sum therein mentioned," which were severally read, and it was Resolved, To concur with the house in passing each of said Bills into Laws, An Engrossed Bill, passed in the house of Representatives, Entitled "An act in addition to an act Entitled An act incorporating certain per sons therein named by the name of the Rutland and Stockbridge Turn pike Company," was sent to the Governor and Council for their revision &c, which was read, sundry amendments made thereto, and then it was Resolved, To concur with the house in the passing the sarae into a Law, with the said proposals of Amendment, and M'- Keyes requested to in form the house of the reasons of Council in proposing those amend ments. An Engrossed Bill, passed in the house of Representatives, Entitled "An act pointing out the method of establishing the lands divided into severalty in the town of Newhaven," was sent to the Governor and Council for their revision &c. which was read and amended by inserting the word "Nine" in the Sixth line ofthe bill, in lieu ofthe word "Six," & then it was Resolved, To concur with the house in passing the same into a Law as atnended. An Engrossed Bill, passed in the house of Representatives, Entitled "An act regulating the packing and sale of Lime," vvas sent to the Gov ernor aad Council for their revision &c, which was read and referred to M'- Loomis, The Committee on the Bill Entitled "An act in addition to an act Entitled An act laying a Tax of Three Cents per acre on the Town of Northfleld," reported sundry amendments to be made therein, which were adopted, and then it vvas Resolved, To concur with the house in passing the said Bill into a Law, and M'- Witherell appointed to inform the house of the- reasons of Council in proposing the said amendments. The Committee of Council on the Bill Entitled " An act directing the Treasurers therein mentioned to credit certain sums to the Town of Newbury," reported that it ought to pass, whereupon it was Resolved, To concur with the house in passing said bill into a Law, An act to revive an Act laying a Tax of one and a half cent on each acre of Land in Middlesex, was received from the house with this order thereon: "In General Assembly Oct'- 29'"- 1805, This Bill was brought in on motion of leave by M'- Putnam, read and Committed to the First Land Tax Committee to join &c. Attest Martin Post Clk "—which was read and the said reference concurred in. A Petition for a Land Tax on Random [Brighton,] Newark, East haven, Granby and Guildhall, was received from the house with this order on it: " In General Assembly Oct'- 29, 1805, Read and Referred to the Third Land Tax Committee to join &c. Attest M. Post Clk "— which was read and the said reference concurred in. Adjourned to 2 O'clock P, M, 2 O'clock P, M, — The following Engrossed Bills, passed in the house of Representatives, were sent to the Governor and Council for their re vision &c, "An act directing the payment of monies as therein men- 84 Governor and Council — October 1805. tioned; An act making provision where any Collector of a Proprietor's or State's Land Tax may die; An act laying a Tax of one cent on the Dollar on the General list of the present year " [for support of govern ment,] and " An act for the relief of Ebenezer Weld and John Weld," which were severally read, and it was Resolved, To concur with the house in passing thera into Laws. An Engrossed Bill, passed in the house of Representatives, Entitled "An act to revive an act laying a Tax on each acre of Land in the Town of Greensboro'," was sent to the Governor and Council for their revis.- ion &c. which was read & referred to M'- Galusha. An Engrossed Bill, passed in the house of Representatives, Entitled " An act freeing the body of John H. Palmer from arrest," was sent to the Governor and Council for their revision &c. and being read it was Resolved, To concur with the house in passing the said Bill into a Lav^¦. The following written message was received from the house: "In General Assemlily Oct'- 28'". 1805. Resolved, that this house do concur with the Governor and Council in their proposed amendment to the Bill Entitled "an act in amendment of an Act Entitled an act in addition to an act Entitled an act deflning the powers of Justices ofthe Peace," &c. Extract from the Journals, Attest M. Post Clk." An act laying a Tax of Three Cents per acre on the Town of Wool- cott " [Wolcott,] and -' an act laying a Tax of Three Cents per acre on the Town of Cambridge," were received from the house with this order on each: -' In General Asserably Oct'- 29, 1805, Read and referred to the Third Land Tax Committee to join &c. Attest M, Post Clk"— which were severally read and the said reference concurred in, . Adjourned to 9 O'clock Tomorrow morning. Wednesday, Octoher .30*. 1805, 9 O'clock A, M. The Council met agreeable to adjournment. The Governor and Council, pursuant to adjournment, proceeded lo the Representatives' room for the purpose of electing an Auditor of ac counts against the State,' and after accomplishing the same, returned to their Chamber and resumed the consideration of business. The following Bills, passed in the house of Representatives, vvere sent lo the Governor and Council for their revision &c. -An act lay ing a Tax of four cents per acre on the Town of Lemington,'' and "Au act for the relief of Josiah Jaquith the 2""-" which were severally read, and it was Resolved, To concur with the house in passing the said Bills into Laws. The following Message was transmitted from the house: "In General Assembly Oct'- 29'". 1806. Resolved, that this house do concur with the Governor and Council iu their amendment to the Bill Entitled "An act pointing out the method of establishing the lands divided into severalty" &c. ; And also in the amendment proposed to the Bill Entitled ''an act in addition to an act incorporating certain persons therein named by the name of the Rutland and Stockbridge Turnpike Corapany." Extract from the Journals, Att. Martin Post Clk." An act laying a Tax of Three Cents per acre on the Town of Walden was received from the house with this order thereon- -In General As sembly Oct'- 30'". 1805. This Bill was bro'- in on leave by M'- Stanley, read and referred to the Third Land Tax Committee to join. Attest ' Benjamin Emmons jr. was elected. Governor and Council — Oct.oher 1805, 85 Martin Post Clk," — which was read and the reference thereon concur red in. The Committee on the Bill Entitled "An act in addition to an act En titled an act constituting the Supreme Court of Judicature" &c. reported sundry amendments, which were adopted, and then it was Resolved, To concur with the house in passing the said Bill into a Law with the said proposals of amendment, and M'- Galusha appointed to acquaint the house therewith & assign the reasons. An Engrossed Bill, passed in the house of Representatives, Entitled "An act empowering the Proprietors of Lutterloch to resurvey their flrst division of lots," was sent to the Governor and Council for their revision &c. read and referred to M'- Wright. An Engrossed Bill, passed in the house of Representatives, Entitled "An act to enable the Selectmen of the several Towns in this State to lay out private Roads," was sent to the Governor and Council for their revision &c, which was read and referred to M'- Fletcher, Adjourned to 2 O'clock P, M. 2 O'clock P. M. — An Engrossed Bill, passed in the house of Repre sentatives, Entitled "An act laying a Tax of three Cents per acre on the Town of Faystown," was sent to the Governor and Council fbr their re vision &c. which was read and on motion Resolved, To concur with the house in passing the said Bill into a Law, The Committee on the Bill Entitled "An act to revive an act laying a Land Tax on Greensboro'," reported an amendment to be made therein, which was adopted, and then it was Resolved, To concur with the house in passing the said Bill into a Law, with the said Proposal of amendment, and M'- Galusha appointed to acquaint the house therewith, assign the reasons for the same and request their concurrence. The Committee on the Bill Entitled "An act in addition to an act En titled an act laying a Tax on each acre of land. Public rights excepted, in the Town of Stratton," &c, reported sundry amendraents to hu made therein, which were adopted, and then it was Resolved, To concur with the house in passing the said Bill into a Law, with the said Proposals of amendment, and M'- Loomis appointed to acquaint the house therewith & assign the reasons of Council. An act directing the Treasurer of this State to credit the Town of Derby the sum therein mentioned, was received from the house with this order thereon: -'In General Assembly Oct'- 30, 1805. This Bill was brought in on motion of leave by M'- Hinman, read and referred to the Committee on State Taxes to join &c. Att. M. Post Clk" — which was read, and the said reference thereon concurred in. A Petition from the Inhabitants of Wardsboro' was received from the house with these orders thereon: " In General Assembly Oct'- 17, 1805. Read and Referred to Mess. Plutchins, Kenneday [Kennedy,] Scott, Sowles & Taylor. Oct'- 25, report read and recommitted to the same Committee. Oct'- .30, Ordered, that the Committee on this Petition join Committee from Council. Attest M. Post Clk " — which was read, and Ordered, That M'- Shepardson join the said Committee from the house. On Motion of M'- Keyes, he had leave to bring in a bill to repeal the Fifth Section of an act in addition to an act incorporating certain per sons therein named by the name of the Rutland and Stockbridge Turn pike Company, passed Oct'- 29*. 1805, which Section gives to the Legis lature the right, at the end of flfty-five years, to lessen the Toll on s" Turnpike, which Bill vvas accordingly introduced, read and Ordered, That it lie on the Table, The Committee on the Bill Entitled "An act regulating the packing 86 Governor and Council — Octoher 1805, and sale of lirae," reported sundry amendments, which the Council rejected, and it was on raotion Resolved, To concur with the house in passing the said Bill into a Law, Adjourned to 9 O'clock Tomorrow Morning. Danville, Thursday, October .31"'. 1805, 9 O'clock A. M. The Council met pursuant to adjournment. A Petition from Joseph C. Bradley was sent from the house with these orders thereon: "In General Assembly Oct'- 15"'. 1806: Read and re ferred to Mes"- Reed, Tubbs and J. Fitch. Oct'- 29'"' Report read and recommitted to former Coramittee to state facts and make report and Mess"- Hurd arid Henry added to the Committee. Oct'- 30*' Ordered that the Comraittee on this Petition join a Coraraittee from Council. Attest Martin Post Clk'" -which was read and M'- Witherell appointed lo join the aforesaid Conimittee from the house on said Petition. An Engrossed Bill, passed in the House of Representatives, Entitled '-An act supplementary to an act Incorporating certain persons therein mentioned by the name of the Weathersfield Turnpike Company," w-as sent to the Governor and Council for their revision &c. which was read, and on raotion Resolved, To concur with the h-juse in passing the said Bill into a Law. Benjamin Swan Esquire appeared in the Council Charaber, produced his Bonds for the faithful execution of the Office of Treasurer of the State of Verraont for the year ensuing, which were approved by the Governor and Council, and the Oaths prescribed by the Constitution and Laws of this State were adrainistered to him by his Honor the L'- Governor. The following Engrossed Bills, passed in the house of Representatives, were sent to the Governor and Council for their revision &c. "An act laying a Tax of four cents on the acre in the town of Glover," and "An act laying a Tax of three Cents per acre on the Town of St, Albans," which were severally read, and it was Resolved, To concur with the house in passing the said Bills into Laws. The Committee on the Bill Entitled "An act impowering the Select men of the several Towns in this State to lay out private Roads &c." reported that it ought to pass without amendment, which report was not accepted, and on motion it was Resolved, To nonconcur with the house in passing the said Bill into a Law, and for the following reasons — It appears to the Governor and Council that the several acts already existing make araple provision on that subject, particularly the act reducing into one the several acts for laying out, making, repairing and clearing highways, and an act in addition to the said act, passed Nov'- 7. 1800. And whatever the proiiosed Bill embraces, more than the several acts alluded to provide for, the Governor and Council are of opinion is unnecessary. An act to repeal the clause of an act therein mentioned was again read, and referred to Mess"- Witherell, Keyes & White. Adjourned to 2 O'clock P. M. 2 O'clock P. M.— The following Engrossed Bills, passed in the house of Representatives, were sent to the Governor and Council for their re vision &c, "An act laying a Tax of Three Cents per acre on the town of Ryegate," and "An act laying a Tax of Three Cents per acre on Cov entry," which were severally read, and it was Resolved, To concur with the house in passing the said Bills into Laws. Governor and Council — Novemher 1805. 87 An Engrossed Bill, passed in the house of Representatives, Entitled " an act to authenticate certain records of the Town of Burke," was sent to the Governor and Council for their revision &c. which was read and on motion referred to M'- Loomis, The Committee on the Bill Entitled "An act empowering the Propri etors of Lutterloch [Albany] to resurvey their flrst division of lots," re ported that it ought to pass, whereupon it was Resolved, To concur with the house in passing the said Bill into a Law. The Conimittee on the " act to repeal the clause of an act therein mentioned," reported an amendment to be made therein, which was re jected, and on the motion shall the said bill pass and be sent to the liouse for their concurrence, it was Resolved, That it do not pass, and on motion M'- Keyes had leave to withdraw the said Bill. An Engrossed Bill, passed in the house of Representatives, Entitled " An act to incorporate a Bank " [at Burlingt(m] was sent to ttie Gover nor and Couucil for their revision &c. which was read, and on motion Resolved, To nonconcur wilh the house in passing the said Bill into a Law, and for the same reasons which were assigned for the nonconcur rence of the Governor and Council to the Bill to incorporate a Bank the 28* Instant. An Engrossed Bill, passed in the house of Representatives, Entitled "An act in addition to an act Entitled An act to incorporate the Propri etors of an Acqueduct in Middlebury," was sent to the Governor and Council for their revision &c. and being read and considered, it was Re solved, To concur with the house in passing the said Bill into a Law. An act incorporating certain Turnpike Corapanies in the western Counties in this Stale was received frora the house with these orders thereon: "In General Asserably Oct'- 29'"- 1805. This Bill reported by the First Turnpike Committee, the report was accepted, and the Bill read and ordered to lie on the Table & be the order ofthe day tomorrow afternoon. Oct'- 31, called up, amended, and Committed to the First Turnpike Coramittee to join &c. Att. M. Post Clk." — which order of the house on the said Bill was concurred in. M'- Keyes on motion brought in a Bill Entitled "An act exempting the Towns of this State from the payment of- State Taxes in a certain case therein mentioned," which was read & Ordered, That it lie on the Table. M'- Keyes asked and obtained leave of absence after tomorrow for the remainder ofthe Session. Adjourned to 9 O'clk Tomorrow raorning. Friday November 1"'. 1805, 9 O'clock A, M. The Council met pursuant to adjournment. An Engrossed Bill, passed in the house of Representatii^es, Entitled ''An act laying a Tax of Three Cents per acre on the Town of Plym outh," was sent to the Governor and Couucil for revision &c. which was read & Resolved to concur with the house in passing the said Bill into a Law. An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a Corporation by the name of the Boston and Montreal Turnpike Company," was sent to the Governor and Council for their revision &c. and being read, it was Ordered, To lie on the Table. '•An act laying a Tax of Three Cents per acre on the town of Granby" was received from the house with this order thereon: "In General .\,<- 88 Governor and Council — Novemher 1805, sembly Nov, 1, 1805. Read and Committed to the Third Land Tax Committee to join &c. Att. M, Post Clk"— which was read, and the said reference concurred in. Adjourned to 2 O'clock P, M, 2 O'CLOCK P. M.— The Coramittee on the Bill Entitled "An act to authenticate certain records of the Town of Burke," reported sundry amendments to be made therein, which were rejected, and on motion it was Resolved, To concur with the house in passing the said [bill] into a Law. The L'- Governor on motion introduced the following resolution; "Resolved, That his Excellency the Governor be requested to issue his Proclamation appointing Wednesday the Sixteenth day of April neitas a day of Public humiliation, fasting and praise throughout this State"— which was read & adopted. An Engrossed Bill, passed in the house of Representatives, Entitled '-An act appointing a Coraraittee to lay out a Road frora Barre to Wal den," was sent to the Governor and Council for their revision &c, and being read, it was on motion Resolved, To concur with the house in passing the said Bill into a Law. "An act exempting the Towns of this State from the Paynient of State Taxes in a certain case therein mentioned" was again read, and on the question shall the Bill pass and be sent to the house for their concur rence, it passed in the negative. An Engrossed Bill, passed in the house of Representatives, Entitled "An act to free the person of David Robbins frora arrest for the term of three years," was sent to the Governor and Council for their revision &c. which was read, and on motion Resolved, To concur with the house in passing the same into a Law. Adjourned to 9 O'clock Tomorrow morning. Danville, Saturday, November 2"". 1805, 9 O'clock A. M. The Council met pursuant to adjournment. The following resolution was received from the house: "In General Assembly Nov, 1, 1805. Resolved, the Governor and Council concurring therein, that both houses of the Legislature meet in joint Committee, in the Representatives' roora, at the opening ofthe house toraorrow morn ing, for the purpose of mailing furllier appointments of County Officers. Read and Passed, Attest M. Post Clk" — which was read and concurred. The Governor and Council accordingly immediately proceeded to the Representatives' room for the purpose expressed in the above resolution, and the business of the joint Committee being accomplished, it was dis solved, and the Governor and Council returned to their chamber and resumed the consideration of business. The Petition of Stephen Fisk, on which M'- Keyes had formerly joined a Committee from the house, was laid on the Table of Council, and M'- Shepardson appointed to join the said Committee from the house on said Petition, The following Engrossed Bills, passed in the house of Representa tives, were sent to the Governor and Council for their revision &c, "An act granting the exclusive privilege of keeping a ferry to Richard Mott and Ira Fox; An act laying a Tax of Three Cents per acre on the Town of Cambridge; An act laying a Tax of Three Cents per acre on the Town of Walden," and "An act laying a Tax of Three Cents per acre on the Town of Wolcott," which were severally read, and it was Re solved, To concur with the house in passing the said Bills into Laws, Governor and Council — November 1805. 89 "An act granting a Tax of one half cent per acre on the Lands in the Township of Alburgh, as granted by Charter," was received from the house with this order thereon: "In General Asserably Nov. 2, 1805. This Bill was brought in on raotion of leave by M'- Shaw, read and Com mitted to the Second Land Tax Committee to join &c. Attest Martin Post Clk." — which was read and the said reference concurred in. Adjourned to 2 O'clock P. M. 2 O'clock P. M. — An Engrossed Bill, passed in the house of Repre sentatives, Entitled "An act organizing tlie County of Grand Isle, and flxing the time of holding the Courts therein," was sent to the Governor and Council for their revision &c. and being read, it was Besolved, To cimcur with the house in passing the said Bill into a Law. The following written message was transmitted from the house: "In General Assembly Nov. 2, 1805. Resolved to concur with the Gov ernor and Council in their amendraents to the Bill Entitled "An act in addition to an act constituting the Suprerae Court of Judicature " &c. And the Bill has become a Law of this State. Extract from tbe Jour nals, Att. M, Post Clk." An act establishing a State Bank was again received from the house with these orders &c. thereon; "In General Assembly Nov. 2, 1805. Repo'-t of the joint Committee as follows accepted — To the Hon'- Gen'- Asserably now sitting. The Comraittee to whora was referred the within Bill, report it as their opinion, that altho' the Bill seems to be totally inadequate to the object proposed, it is nevertheless expedient, that the General Assembly should go into such a consideration of the subject as shall lead to a thorough investigation of its principles, practi cability and Policy. N. Niles for Cora"- — and the Bill and report cora raitted to Mes"- "White, Crafts, Chase, S. Porter and Bullock, to join Committee from Council to draught a new Bill. Attest M. Post Clk." — which Bill, report, and orders of the house thereon being read, it was Ordered, that M'- Niles and the L'- Governor join the said Committee from the house. ¦ On motion. Resolved, That Mes"- Wheelock and Shepardson be a Cora mittee from Council, to join such Comraittee as the house of Represent atives raay appoint, to receive and distribute the Election Serraons, and Proclamations for a day of Thanksgiving and Praise. Ordered, That the Secretary carry the above resolution to the house. Adjourned to 9 O'clock Monday Morning. Danville, Monday, November 4"'. 1805, 9 O'clock A. M. The Council met pursuant to adjournment. The following Engrossed Bills, passed in the house of Representa tives, were sent to the Governor and Council for their revision and con currence or proposals of amendment: '' An act assessing a Tax on the County of Chittenden; An act directing the appropriation ofthe Lands iu this State heretofore granted by the Government of Great Britain to the Church of England as by Law established; An act laying a Tax of Two Cents per acre on the Town of Barnet; An act laying a Tax of Four Cents per acre on the town of Wenlock;" and "An act to extend the qualifications of Freeholders to Lessees for long terms of years," which Bills were severally read, and it was Resolved, To concur with the house in passing each of them into Laws. An Engrossed Bill, passed in the house of Representatives, Entitled "An act to incorporate an Artillery Corapany by the name of the Bur- 90 Governor and Council — Novemher 1805. lington Volunteers,' was sent to the Governor and Council for their re visfon and Concurrence or proposals of amendment, which was read and Referred to Mes"- Witherell & Shepardson. A Petition frora the Colonels Forbes and Hodgkins, representing the 'situation ofthe First Brigade in the Fourth Division, otherways the Seventh Brigade of our Militia, was introduced by the Governor, read, and Referred lo the Militia Comraittee to join from the house. The act Establishing a Corporation, by the name of the Boston and Montreal Turnpike Corapany," was again read and on motion Ordered, That it be referred to Mess"- Galusha and Looniis. Adjourned to 2 O'clock P. M. 2 O'clock P. M.— The following written message was transmitted from the house: " In General Assembly Nov. 4*. 1805. Resolved, that this house do concur with the Governor and Council in their amend ments to the Bill Entitled "An act to revive an act laying a Land Tax on Greensboro'," the Bill Entitled "An act in addition to an act laying a Tax of Two Cents per acre on each acre of land in the Town of Strat ton," and the Bill Entitled "An act in addition to an act laying a Tax of Three Cents per acre on the Town of Northfield," &c. Extract from the Journals, Attest M. Post Clk." The following Resolution was received from the house; "In General Assembly Nov. 4'"' 1805. Resolved, the Governor and Council concur ring herein, that both houses of the Legislature meet in the Represent atives' Room, on Thursday next at two o'clock P, M. for the purpose of adjourning tlie General Assembly without day. Read and Adopted. Attest M.'Post Clk " — which was read, and Ordered to lie on the Table. An Engrossed Bill, passed in the house of Representatives, Enthled "An act for explaining and altering the Laws concerning the Prosecu tion of crimes in this Slate," was sent to the Governor and Council for their revision &c. and being read it was Ordered, That it be committed to Gov. Brigham & M'- Galusha. An Engrossed Bill, passed in the house of Representatives, Entitled "An act in explanation of an act regulating Marriage and Divorce," was sont to the Governor and Council lor their revision &c. which was read and referred to Mes"- Niles & Witherell. An Engrossed Bill, passed in the house of Representatives, Entided "An act in addition to an act establishing a Corporation by the name of the Williamstown Centre Turnpike Corapany," was sent lo the Governor and Council fbr revision &c. & being read it was Resolved, To concur with the house in passing the said Bill into a Law. The Committee on the act establishing a Corporation by the name of the Boston and Montreal Turnpike Company, reported sundry amend ments thereto, which were adopted, and it was Resolved, To concur with the house in passing the said Bill into a Law, aud M'- Galusha appointed to acquaint the house therewith, inform them of the reasons of Council in proposing the said araendments and request their concurrence thereto. The following Engrossed Bills, passed in the house of Representatives, were sent to the Governor and Council for their revision &c. '-An act directing the credit of fourteen Dollars and Seventy Cents to be given to the Town of Grotcm," and '"An act to revive an act Entitled an act laying a Tax of one and a half Cent on each acre of land in Middlesex," which Bills were severally read, and il was Resolved, To concur with the house in passing them into Laws, An act to revive an act laying a Land Tax on Random [Brighton,] and to alter the appointment ofthe Committee, was sent from the houf with this new order thereon;- "In General Assembly Nov, 4'"- ISOu, Governor and Council — November 1805. 91 Read and Referred to the Third Land Tax Conimittee to join &c. Att. M. Post Clk" — which was read and the said reference concurred in. Adjourned to 9 O'clock Tomorrow Morning. Tuesday, Noveraber 5'". 1805, 9 O'clock A. M. The Council raet pursuant to adjournment. The following Bills, passed in the house of Representatives, were sent to the Governor and Council for their revision &c. "An a'et directing the Treasurer of the State to credit the Town of Barre the sum therein raentioned," and "An act authorising the Proprietors of the Town of P.anton to confirra end coraplete the division of their Lands," which were severally read, and it was on motion Resolved, To concur with the house in passing the said Bills into Laws. An Engrossed Bill, passed in the house of Representatives, Entitled "An act appointing a Comraittee to lay out and survey a County Road frora the Court House in Danville to or near tho mouth of Weld's [Wells] River," was sent to the Governor and Council for their revision &c, and being read, it was Ordered, That it be referred to Mess"- With erell, Niles and White. The Committee on the act for altering and explaining the Laws con cerning the proseculion of Crimes in this State, reported sundry amend ments to the said Bill, which were adopted, and then it was Resolved. To concur with the house in passing the said Bill into a Law, as amended, and M'- Witherell appointed to acquaint the House with the reasons of Council in proposing the sarae. An Engrossed Bill, passed in the house of Representatives, Entitled "An acl restoring Ezekiel K. Bigelow to his Law," was sent to the Gov ernor and Council for their revision &c. and being read, it was on mo tion amended, 'and Ihen it was Resolved, To concur witii the house in passing the sarae into a Law, with the araendments, and M'- Wright appointed to acquaint the house wilh the reasons of Council in propos ing the same. Adjourned to 2 O'clock P. M. 2 O'clock P. M. — An Engrossed Bill, passed in the house of Repre sentatives, Entitled "An act in addition to an act Entitled an act reo-u- lating the conveyance of real estates, and for the prevention of Frauds therein," was sent to the Governor and Council for their revision &c. which was read and on raotion Resolved, To nonconcur with the house in passing the said Bill into a Law, aud an act embi'acing the same object, tho' iu a different forra. Entitled "An act to authenticate the acknowledgment of Deeds in a certain case therein mentioned," was in troduced, read and passed, and Ordered to be sent to the house for their concurrence, and M'- Witherell appointed to carry both ofthe said Bills to the house and acquaint that body with the reasons that induced the Council to propose the said substitute. The Committee on the Bill Entitled "An act in addition to and in ex planation of an act regulating Marriage and Divorce," re|)orted these amendraents to be raade thereto — The title of the Bill to be "An act empowering tile Suprerae Court to grant Bills of Divorce, and repealing certain acts therein mentioned.'' In the Fifth Section, after the word "That " in the first line, erase tbe whole Section and add the following. " the several acts heretofore passed, vesting a power in the Supreme Court to grant Bills of Divorce and regulating proceeding therein, be and the same hereby are repealed," — which was adopted, and then Re- 92 Governor and Council — Novemher 1805. solved. To concur with the house in passing the said Bill into a Law as araended, and Ordered, that the Secretary acquaint the house therewith. An Engrossed Bill, passed in the house of Representatives, Entitled '-An act directing the Auditor of Accounts against this State to audit and allow the accounts of Richard Whitney Esquire, late Secretary to the Governor and Council," was sent to the Governor and Council for their revision &c. and being read, it was Resolved, To concur with the house in passing the said Bill into a Law. The Committee on the Bill Entitled '-An act appointing a Committee to lay out and survey a County Road from the Court House in Danville to or near the mouth of Weld's [Wells] River,'' reported that it ought to be referred to the next session of the Legislature, whereupon it vvas Resolved, That the said Bill be referred accordingly, and M'- Chittenden appointed to inform the house of the reasons of Council in proposing the said reference and request their concurrence. "An act in addition to arid explanation of an act regulating Marriage and Divorce," to which the Council had this day made certain proposals of amendment, was returned frora the house by M'- Chase with this order of that Body thereon: •' In General Assembly Nov. 5, 1805. Read and Resolved to nonconcur with the Governor and Council in their amend ments proposed to this Bill, and M'- Chase appointed a Committee to carry up the Bill to the Governor and Council and assign the reasons of the house. Attest Martin Post Clk "—and after he iiad assigned the reasons, he withdrew — whereupon it was Resolved, To rescind from the said proposals of Amendment, in which the house have nonconcurred, aud that this amendment be proposed to be added to the said Bill: after the word " Seven," in the Sixth line of the Fifth Section, insert these words " and the First Section of an act in addition to an act Entitled an act regulating Marriage and Divorce, passed Nov, 12'". 1802," and alter the title of the Bill so as to read "An act to empower the Judges of the Supreme Court to grant Bills of Divorce, and to repeal parts of certain acts therein mentioned," and M'- Loomis was appointed to inform the house of the reasons of Council in proposing the same. An Engrossed Bill, passed in the house of Representatives, Entitled " An act explanatory of a provision in sundry Turnpike grants," was sent to the Governor and Council for their revision &c. which was read. and Ordered, That it be referred to Mes"- Niles, Wright and Galusha for amendment. An Engrossed Bill, passed in the house of Representatives, Entitled "An act to incorporate an Artillery Company in Whitingham," was sent to the Governor and Council for their revision &c. which was read and Ordered, That it be referred to M'- Shepardson. Adjourned to 9 O'clock Tomorrow Mornino-. Wednesday, November 6'". 1805, 9 O'clock A, M. The Council met pursuant to adjournment. On motion of M'- Witherell, Resolved, To reconsider the order of Council referring the Bill Entitled "An Act appointing a Comraittee to lay out and survey a County Road from the Court-house in Danville to or near the raouth of Weld's [Wells] River," and that it be recommitted to the Coramittee heretofore appointed by the Council on the said act. An Engrossed Bill, passed in the house of Representatives, Entitled "An Act concerning Bail," was sent to the Governor and Council for their revision &c. and being read it was Ordered, That it be referred to Mes"- Galusha and Loomis. Governor and Council — Novemher 1805. 93 An Engrossed Bill, passed in the house of Representatives, Entitled "An act granting the right of making and keeping a Turnpike Road from the lower Bridge over Onion River in Colchester to the Ferry from Middle-hero [Grand Isle] to Cumberland-head," was sent to the Governor and Council for revision &c, read and Ordered, That it be referred to M'- White. The following Engrossed Bills, paased in the house of Representatives, were sent to the Governor and Council for their revision &c. "An act layim; a Tax of Four Cents per acre on Colt's Gore; An act directing the Treasurer of this State to credit the Town of Derby the sum therein mentioned; An act granting to Daniel Calkins the sum therein men tioned; An act in addition to an act Entitled An act laying a Tax of Three Cents per acre on the Town of Ripton" &c, and ''An act consti tuting and appointing a Company of Grenadeers," which were severally read, and it vvas Resolved, To concur with the house in passing the said Bills into Laws. An Engrossed Bill, passed in the house of Representatives, Eutitled "An act incorporating certain Turnpike Corapanies in the western Counties in this State," was sent to the Governor and Council for their revision &c. and being read, it was Ordered, That it be referred to Mess"- Wright, Galusha and White, The following written messages were transraitted from the house; "In General Assembly Nov. 5'"- 1805, Resolved to concur with the Governor and Council in t'neir amendraents to the Bill Entitled "An act establishing a Corporation by the name of the Boston and Montreal Turnpike Company," and the -Bill Entitled "An act restoring Ezekiel K. Bigelow to his Law." Extract from the Journals, Attest M, Post Clk." In General Assembly Nov. 6, 1805. Resolved to concur with the Gov ernor and Council in passing the Bill Entitled "An act to authenticate the acknowledgment of Deeds in a certain case therein mentioned,'' and also Resolved to concur with the Governor and Council in their proposed amendments to the Bill Entitled "An act explaining the Laws for the prosecution of crimes in this State." Extract from the Journals, Attest M, Post Clk," The Committee on the Bill Entitled "An act to incorporate an Artil lery Company by the name of the Burlington Volunteers," reported sundry amendments to be made therein, which were adopted, and it was Resolved, To concur with the house in passing the said Bill into a Law as amended, and M'- Witherell appointed to inform the house of the reasons of Council in proposed [proposing] the said amendments. His Excellency the Governor made the following Communication to the Council — "Gentlemen of the Council, — I find frora the Commissions heretofore issued to the officers in the Brigade commanded by General Fuller, that this Brigade was distinguished as the eighth Brigade, and also from the Commissions issued to the offlcers in the Brigade Comraanded by General Leavensworth, that this Brigade was distinguished as .the Seventh Brigade, that there are no documents in the Adjutant General's Office, nor any uniform rule for numbering and distinguishing the differ ent Brigades of Militia in this State, I do therefore order and direct, the Honorable Council advising me thereto, that the several Brigades of Militia already formed, and vvhich raay hereafter be formed, shall be distingnished by the First, Second, or Third Brigade, as the case may be, ofthe Divisions to which they are attached. Isaac Tichenor Governor. State of V t. " "Danville, Nov. 6, 1805." 94 Governor and Council — November 1805, Which was read, and on motion Resolved, That the Council advise his Excellency to make the regulations in numbering the Brigades of Militia in this'State as is suggested in his communication. An Engrossed Bill, passed in the house of Representatives, Entitled "An act relating to Goals and Goalers, and for the relief of persons im prisoned therein," was sent to the (Governor and Council fbr their revision &c, and being read, it was Ordered, That it be referred to M'- AVitherell. Adjourned to 2 O'clock P. M. 2 O'clock P. M. — An Engrossed Bill, passed in the House of Repre sentatives, Entitled "An act laying a Tax of Three Cents per acre ou the Town of Easthaven,'' was sent to the Governor and Council for their revision &c and after heing read, it was Resolved, To concur with the house in passing the said Bill into a Law. An Engrossed Bill, passed in the house of Representatives, Entitled '¦An act incorporating the Passurapsic Turnpike Company," and also "An act establishing a Corporation by the narae of the Woodstock and Rutland Turni)ike Company," were sent to the Governor and Council for their revision &c. read, and Ordered, That they be referred to Mess'- Niles and Looniis, The Committee on the Bill Entitled " an act incorporating certain Turnpike Companies in the Western Counties of this State," reported 'sundry araendraents to be made therein, which were adopted, and on Motion it was Resolved, To concur with the house in passing the said Bill into a Law as amended, and M'- Galusha appointed to inform the house ofthe reasons of Council in proposing the said araendments. The Coramittee on the Bill Entitled '' An act granting the right of making and keeping a Turnpike Road frora the lower bridge over Onion River in Colchester to the Ferry frora Middle-Hero to Cumberland head," reported sundry amendments to be made therein, which were adopted, and then it was Resolved, To concur with the house in passing the said Bill into a Law as amended, and M'- Loomis appointed to in form the house of the reasons of Council in proposing the said amend raents. Adjourned to 9 O'clock Tomorrow morning. Thursday, Nov, 7*. 1805, 9 O'clock A, M, The Council raet pursuant to adjournment. The Resolution from the house for adjourning both houses was again read, and on motion araeuded by inserting " Friday at 11 O'clock in the forenoon." and erasing " Thursday next at 2 O'clock in the afternoon," and Resolved, To concur with the house therein as amended. The Committee on the Bill Entitled "An act concerning Bail," re ported sundry amendments to be made therein, which were°adopted, & Resolved, To concur with the house in passing the same into a Law as amended, and M'- Galusha appointed to acquaint the house with the reasons of Council in proposing the said amendments. The following Engrossed Bills, passed in the house of Representa tives, were sent to the Governor and Council for their revision &c, "An act laying a Tax of Three Cents per acre on the Town of Newark for - the purposes therein mentioned; An act layins a Tax of Five Mills on the Dollar on tho list of the Polls and Rateable Estate of the Inhabit ants of the County of Franklin &c.; An act laying a Tax of Three Cents per acre on the Town of Brunswick, and An act relating to State Governor and Council — Novemher 1805, 95 Printing,'' which were severally read, and it was Resolved, To concur with the house in passing each of them into Laws. The Coramittee on the Bill Entitled "An Act establishing a Corpora tion by the narae of the Woodstock and Rutland Turnpike Corapany," reported several amendments to be made therein, which were adopted, aud then it vvas Resolved, To concur with the house iu passing the same into a Law as araended, and M'- Loomis appointed to inform the house with the reasons of Council in proposing the said araendments. "All act in explanation of an act laying a Tax on Wenlock," was re ceived from the house with this order thereon; " In General Assembly Nov. 6'". 1805. This Bill was brought in by M'- French, read and re ferred to the First Laud Tax Committee to join &c. Att, M, Post Clk " — whi(-h was read and the reference of the house concurred in. An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a Corporation by the name ofthe Missisquoi Turn pike Company," was sent to the Governor and Council for their revision &c, which was read, and -on motion Ordered, That it be referred to M'- Loomis. An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a Corporation by the narae ofthe Mad River Turn pike Company," was sent to the Governor and Council for their revision &c. which was read, and on motion Ordered, That it be referred to M'- Galusha, The Coraraittee on the Bill Entitled "An act incorporating the Pas surapsic Turnpike Company." reported several amendments to be made therein, which were adopted, and on motion Resolved, To concur with the house in passing the same into a Law, as amended, and M'- Loorais ajipointed lo inform the house ofthe reasons of Council in proposing the said amendments. The Committee, to whora was recommitted the Bill Entitled "An act appointing a Committee to lay out and survey a County Road from the Court-house in Danville to or near the mouth of Weld's [Wells]>River," reported that it ought to be referred to the next session of the Legisla ture, whereupon it was Resolved, The house of representatives concur ring therein, that the said Bill be referred to the next Session of the Legislature, and M'- Chittenden appointed to inforra the house of the reasons which induced the Council to propose the said reference. The Committee on the Bill Entitled "An act to incorporate an Artil lery Company in Whitingham," reported sundry amendments to be made therein! which were adopted, & then it was Resolved, To concur with the house in passing the said Bill into a Law, as amended, and M'- Shepardson appointed to inform the house of the reasons of Council in proposing the said Amendments. An Engrossed Bill, passed in the houge of Representatives, Entitled "An act establishing the permanent seat of the Legislature at Mont pelier," was sent to the Governor and Council for their revision &c. and being read, it was Ordered, That it be referred to Mess. Niles and White. The Committee on the Bill Entitled "an act incorporating the Mis sisquoi Turnpike Company," reporled sundry amendments to be made to the said act, which were adopted, and then it was Resolved, To coir- cur with the house in passing the said Bill into a Law, as amended, ami 'M'- Loomis appointed to inform the bouse of the reasons of Council in proposing those amendments. The Debenture of Council for the present Session was read by the Secretary, approved, and Ordered, That it be entered on the Journals — viz. 96 Governor and Council — Novemher 1805, His Hon. Paul Brigham Lt. Governor The Honble Jonas Galiisha . . . . " Beriali Loomis " Noali Chittenden " .James Witlierell • .. . " Elialiim Spooner " Asapli Fletclier " Samuel Shepardson " Ebenezer 'Wlieelocli: " John White • • . . " Natlianiel Niles " Elias K:eyes . . . . " Josiah Wright ¦ • . ¦ " Samuel Safford , William Page Jiini-. Secretary David Elkins Esq''- Sheriff of Caledonia Cy- 60 163 5260 120 112 98 140 100 70 40 70 180170 70 9 -s a^i Z° a ;i20 4545 4545454545 4545 45 34 45 3 75 45 00 o s •^ 2 I Cts, 127 64 5152 5958 5661 5753 4942 An Engrossed Bdl, passed in the house of Representatives, Entitled An act establishing a Corporation by the name of the Randolph Turn pike Company," was sent to the Governor and Council for their revision and GalusZ" '' ^""^ Ordered, That it be referred to Mess"- Loomis The Committee on the Bill Entitled "An act establishing a Corpora tion by the name of the Mad River Turnpike Company," Reported sun dry amendments to be made thereto, which were adopted, and then it was Resolved, To concur with the house in passing said Bill into a Law, as amended, and M'- Galusha appointed to inform the house of the rea sons of Council in proposing the said amendments Adjourned to 2 O'clock P. M. 2 O'clock P- M.-An En,grosscd Bill, passed in the house of Um^- wTs senf 'tlfp" ri"' ""^ "'? 'n° '""^'^ "^^ ^''^''^ °f ^ 'certain reco? " Ordered 'l^h.t?ih'"'°f" ^°? Council for their revision &c, read and Oideierl, That it be referred to Mes"- Galusha and Loomis. "An aftTaddHio^ e ^T'^n '" *^'' ^'""^"^ °^' Representatives, Entitled of tiis StntP '' wns ,f ; ." ^'^^ n°* '^^^^'^^^^g and governing the Militia of this State, was sent to the Governor and Council for their revision' &c. which was read, araended, & then it was Resolved To coicurwUh annointe'd 'to'inS T^'"' '"''?¦ \^^^^' ^^ ''^'"^"d'^d, and M' Wit^rrll tl?rsaiSuie°ndments.*'" '^""^^ °^ '''' ^-^^ °f Council in propc^ing ''A^^SliTZ-i^ib^PT'"''' '° "^'i ^°"^^ °f Representatives, Entitled aiTa^nst Jos ibpfson" ¦''''"''i^°^*^'' ^^""^^ to suspend Prosecutioif Son&camfnffe^-'hr'''"\ *''¦"'" Governor and Council for their revision &c, and after being read, it was Resolved To concur with the house in passing said Bill into a Law ^*oiveu, j.o concur witli tue in^imd^vTurnniirCrnn^"''^"""'^'' :'^° '^"^ L'dn fvhiKre^pt i' '"'1°''^''^ sundry amendments to be made' Sl^e tut r^asllS L^lt t^o a' IZ ^^^°'^^^' ^° ^ ^" ^^Jtn^^t^^Z£r^^ni2lT^^^ '\ '^°"^^ °f Representatives, Entitled An act supplementary to the act establishing a Corporation by the Governor and Council — Novemher 1805. 97 name of the Caledonia Turnpike Company," was sent to the Governor and Council for their revision &c. which was read, amended, and then It was Resolved, To concur with the house in passing the same into a Law, as araended. An Engrossed Bill, passed in the house of Representatives, Entitled An act establishing a County Grammar School in the Town of Guild hall in the County of Essex," was sent to the Governor and Council for their revision &c. read, amended by erasing the word "forever" in the 4* line of the 4* Section, and then Resolved, To concur with the house m passing the same into a Law as amended. Adjourned to 9 O'clock Tomorrow Morninsj. Danville, November 8'". 1806, Friday, 9 O'clock A. M. The following Resolution was read and adopted; Resolved, The house of Representatives concurring herein, that both Branches of the Legis lature convene in the Representatives' room at eleven O'clock fhis Forenoon, for the purpose of electing a Brigadier General in the First Brigade and Fourth Division of the Militia of this State in the room of Brigadier General Roswell Olcott resigned. Ordered, That the Secre tary carry the same to the house. The Committee to whom was referred the Bill Entitled "An act es tablishing the permanent seat of the Legislature at Montpelier," re ported sundry amendments to be made thereto, which were adopted, and then it was Resolved, To concur with the house in passing the said Bill into a Law, as amended, and M'- Niles appointed to inform the house ofthe reasons of Council in proposing the said Amendments.' _ The Committee on the Bill Entitled "An act establishing a Corpora tion by the name of the Randolph Turnpike Company," reported sundry amendments to be made therein, which were adopted, and then it was Resolved, To concur with the house in passing the sarae into a Law as amended, and tor the same reasons which gove'rned the Council in their proposals of Amendment to the act supplementary to the act establish ing the Caledonia Turnpike Company. The following Engrossed Bills, passed in the house of Representa tives, were sent to the Governor and Council for their revision and con currence or proposals of amendment — viz. "An act in addition to an act ascertaining the principles on which the list of this State shall be raade" &c,; An act directing the Committee appointed to layout the Fair haven Turnpike; An act making appropriations for the support of Gov ernment; An act impowering the Governor to ascertain the northern boundary of this State; An act laying a Tax of Three Cents per acre on the Town of Granby; An act pointing out the mode of settlement with the late Secretary of State," and "An act in explanation of an act laying a Tax on Wenlock," which were severally read, and it was Resolved, To concur with the house in passing the said Bills into Laws, The following written messages were received fromthe house: "In General Assembly Nov, 7, 1805, Resolved to concur with the Governor and Council in their amendments to the following Bills to wit, A Bill Entitled "An act incorporating certain Turnpike Companies in the western Counties of this State;" A Bill Entitled "An act concerning Bail;" A Bill Entitled "an act in addition to and explanation of an act regulating Marriage and Divorce;" A Bill Entitled "An act granting the privilege of making and keeping a Turnpike Road frora the lower ' See Appendix C, 7 98 Governor and Council— Novemher 1805, Bridge over Onion River to Cumberland Head;" A Bill Entitled "an act incorporating the Passumps c Turnpike Cornpany;' A B^ 1 Entit ed "An act establishing a Corporation by the name of the Mad River Turn- nike Cornpany-" A Bill Entitled " an act establishing a Corporation hy renara7of Missisquoi Turnpike Company;" A Bill Entitled "an act establishing a Corporation by tbe narae of the Woodstock and Rutlan Turnpike Company;" also Resolved to concur with the Governor and Council in referring to the next Session of the Legislature a Bill En titled "an act appohiting a Committee to lay out a County Road from the Court house in Danville to Weld's [Wells] River;" and also Re solved to concur with the Governor and Council in their amendment to tlie concurrent resolution for adjourning the General Assembly, Ex tract from the Journals, Attest M. Post Clk. "In General Assembly Nov. 8, 1805. Resolved to concur with the Governor and Council in their amendments to the following Bills, and which have becorae Laws of this State, to wit, "An act to incorporate an Artillery Company by the name of the Burlington VoKinteers; An act to incor'porate an Artillery Company in Whitinghara; An act estabhsh- ¦ ins the perraanent Seat of the Legislature at Montpelier; and "An act in addition to the Militia Bill" [Act] &c, Att. M. Post Clk G, A," An Eno-rossed Bill, passed in the house of Representatives, Entitled "An act ?n addition to an act Entitled an act regulating the duty of Sheriffs," was sent to the Governor & Council for revision &c, and being read, it was Resolved, To nonconcur with the house in passing the said Bill into a Law, -,/.,<. The Committee on the Bill Entitled "an act to supply the defect ot a certain record," reported sundry araendments to be made therein, which were adopted, and then it was Resolved, To concur with the house in passing the said Bill into a Law, as amended, and M'- Galusha appointed to inform the house of the reasons of Council in proposing the said amendments. The following resolution was introduced : Resolved, the house ot Representatives concurring herein, that the unflnished business, re maining at the Close of the present session, before the Governor and Council, and the House of Representatives, be laid over to the next Session of the Legislature, then to be taken up and acted upon anevf, in the House of Representatives, and that the Secretary of the Couucil return to the Clerk of the House all the papers relating to such unfln ished business as may then be before the Council — which was read, adopted, and Ordered, That the Secretary carry the same to the house. A verbal message from the house, by a member, informed the Gov ernor and Council that the house was ready to meet them in joint Com mittee for the purpose of electing a Brigadier General of the First Brigade in the Fourth Division of our Militia, and the Governor & Council immediately proceeded to the Representatives' Room for that purpose, and having accomplished the same, returned to their Chamber. On motion it was Resolved, To reconsider the vote of Council non- concurring the " act in addition to an act Entitled an act regulating the duty of Sheriffs," and the "act explanatory of a provision in sundry Turnpike Grants," An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a Grammar School at Randolph," was sent to the Governor and Council for their revision &c, and being read was amended, and then it was Resolved, To concur with the house in passing the said ^Abner Forbes was elected. Governor and Council — Novemher 1805, 99 Bill into a Law, as amended, and M'- Niles appointed to inform the house ofthe reasons of Council in proposing the said Amendments, The following Message was received from the house; "In General Assembly Nov. 8, 1805, Resolved to concur with the Governor and Council in their amendraents to the following Bills, to wit, "An act Es tablishing a Grammar School at Randolph; An act establishing a County Gram mar-School at Guildhall " &c,; "An act supplementary to the act Establishing a Corporation by the name of the Caledonia Turnpike Company," and "An act establishina; a Corporation by the name of the Randolph Turnpike Company." Att, M. Post Clk, G, A." M'- Morris, from the house, inforraed the Council that the house had concurred in the resolution, which originated in Council, laying over to the next Session the unflnished business before the legislature and that they were now ready to adjourn. The Governor and Council accordingly proceeded to the Representa tives' Room for the purpose above raentioned, and after an appropriate prayer by the Rev"- M'- Fitch, the Chaplain, both Houses of the Legis lature were adjourned yyithout day, and David Elkins Esq'- Sheriff of Caledonia C^ by direction of his Excellency the Governor made public proclaraation of the same, A true Journal, Attest William Page Jun'- Sec^J- THIRTIETH COUNCIL OCTOBER 1806 TO OCTOBER 1807, Isaac Tichenor, Bennington, Vovernor. Paul Brigham, Norwich, Lieut. Governor. Councillors: Nathaniel Niles, West Fairlee, Jonas Galusha, Shaftsbury, John White, Georgia, Beriah Loomis, Thetford, Noah Chittenden, Jericho, Eliakim Spooner, Westminster, William Page, Jr,, Secretary. William Slade, Cornwall, Sheriff. James Witherell, Fairhaven, Asaph Fletcher, Cavendish, Elias Keyes, Stockbridge, Samuel Shepardson, Guilford, Ebenezer Wheelock, Whiting, Josiah Wright, Pownal. POLITICAL NOTE. The foregoing list of executive officers and Councillors is the same as for the preceding year, and with the exception of Governor, the persons named were all on the ticket which had previously been agreed upon, said Spooner''s Vermont Journal, hy the .Jeffersonians — doubtless meaning in a legislative caucus at the session of 1805, The Jeffersonian ticket also embraced, for the flrst time, the name of Benjamin Swan as Treas urer, No official or other record of the entire vote for Governor can be found ; but Spoojier's Vermont Journal for Sept, 15 1806 states that in seventy-nine towns Tichenor had 5065 votes, and Israel Sraith 4250. The Assembly Journal shows that the votes of twenty towns were re jected for informality, which towns gave .544 for Tichenor, 311 for Smith, and 18 scattering. The House was Jeffersonian by a very large ma jority, as indicated by the election of Stephen R, Bradley as United States Senator, he having received 120 votes against 60 for all other persons, as is stated in Spooner^s Vermont Journal for Oct, 27 1806, The election sermon was by the Rev, Thomas A, Meekill, RECORD OP THB GOVERNOR AND COUNCIL SESSION WITH THE GENERAL ASSEMBLY AT MIDDLE BURY, OCTOBER, 1806, State of Vermont, A .Tournal of the proceedings of the Gover nor and Council of the State of Verraont, at their Session begun and held at Middlebury, within aud 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 and six, and of th'e Independence of the United States the Thirty flrst, pursuant to the laws and Constitution of this State — Present, His Excellency Isaac Tichenor, Esq'- Governor, His Honor Paul Brigham, Esq'- L'- Governor, ofthe Council The PIon"'" Jonas Galusha, James Witherell, Nathaniel Niles, Noah Chittenden, Beriah Loomis, Samuel Shepardson, Eliakira Spooner, Asaph Fletcher, .Tohn White, Ebenezer Wheelock, and Josiah Wright Esquires, Wil liam Page Jun'- Secretary. William Slade Esq'- Sheriff of Addison County. On motion. Resolved, That a Committee of seven be appointed, to joiu such Committee as the General Assembly may appoint, to receive, sort and count the Votes for Governor, L'- Governor, Treasurer and Councillors for the year ensuing. Members Chosen, M'- Galusha, M'- Spooner, M'- Niles, M'- Fletcher,"M'- Loomis, M'- Witherell & M'- "White, The Members composing the above Committee were sworn, in Council, to the faithful discharge of their duty. Ordered, That the Secretary carry the above resolution to the house of Representatives, * Adjourned to 4 O'clock P. M, 4 O'clock P, M.— M'- Shaw, Member of the House of Representa tives, appeared in the Council Chamber and informed the f^overnor and Council that the House had convened and were now ready to meet the Goveruor and Council, in the Representatives' Chamber, for the purpose of hearing the report of the Comraittee appointed to receive, sort and count the Votes for Governor, L'- Governor, Treasurer and Councillors for the year ensuing. On motion. Resolved, That the Governor and Council will now pro ceed to the House of Representatives for the above mentioned purpose. And both houses being convened in the Representatives' Chamber, the following report was handed in by M'- Galusha, Chairman of the above Committee — "The Comraittee, appointed to receive, sort and count the Votes for Governor, L'- Governor, Treasurer and Councillors for the year ensuing, report. That his Excellency Isaac Tichenor Esq'- is elected Governor, That his Honor Paul Brigham Esq'- is elected L'- Goveruor, That Ben jamin Swan Esq'- is elected Treasurer; That Jonas Galusha, Noah Chittenden, Elias Keyes, Beriah Loomis, Nathaniel Niles, Ebenezer Wheelock, Samuel Shepardson, James Witherell, John White, Asaph 102 Governor and Council — Octoher 1806. Fletcher, Eliakim Spooner, and Josiah Wright Esquires are elected Councillors for the year ensuing. All which is respectfully submitted, Jonas Galusha for Com"- October 9'". 1806." and the same being read, the Sheriff of Addison County, by the direction of the Secretary of the Governor and Council, made public proclama tion ofthe same. The Governor and Council then returned to their Chamber, and ad journed untill 9 O'clock Tomorrow morning. Middlebury, Friday, October 10'". 1806, 9 O'clock A, M, The Council met pursuant to adjournment — Present, His Honor Paul Brighara L'- Governor, Of the Council The Honor'" Jonas Galusha, Noah Chittenden, Beriah Loomis, Nathaniel Niles, Ebenezer Wheelock, Samuel Shepardson, John While, Asaph Fletcher, Eliakim Spooner, & Josiah Wright Esq'"- William Page Ju'- Secretary, William Slade Esq'- Sheriff, The L'- Governor and the Councillors present proceeded to the Rep resentatives' Room, and after an appropriate prayer by the Rev" M'- Merrill, the oaths, required by the Laws and Constitution, were adminis- istered to the L'- Governor and the above raentioned Councillors by the Chief Justice, The L'- Governor and Council returned to their Cham ber and adjourned untill 2 O'clock P, M, 2 O'clock P, M.— M'- Whitney, Member ofthe House of Representa tives, appeared in the Council Chamber, and informed the Governor and Council that the House of Representatives was organized and ready to receive any comraunications which His Excellency the Governor might be pleased to make. Ordered, That the Secretary acquaint the house that the Governor will raake his comraunications to both branches ofthe Legislature at the opening of the house tomorrow morning, in the Rep resentatives' room. Adjourned untill 9 O'clock Tomorrow morning. Middlebury, Saturday, October 11*. 1806, 9 O'clock A, M. The Council met pursuant to adjournment. The Governor and Council proceeded to the House of Representa tives, and after taking the oaths prescribed by the Laws and Constitu tion, the Governor delivered the following speech, ' The Governor and Council then returned to their chamber and com menced the consideration of business. The Hon"'" Jaraes Witherell Esq'- elected a Councillor for the year ensuing, appeared in the Council Charaber, took the necessary oaths, and was admitted to a seat at the Council board. The following resolution was received from the house: "In General Assembly Oct'- 10, 1806. Resolved, that a Conimittee be appointed, consisting of flve members of this house, to join such Committee as the Governor and Council may appoint, to be denominated " The Turnpike Committee "—Members chosen. Mess"- [Abel] Spencer, [Charles] Rich, Graves, Hendee and [Jacob] Galusha,— also Resolved, That a Commit tee of five be appointed from this House, to join a Committee frora Council and be denominated the "Committee of Insolvency and Suspen- *^ See Appendix A, Governor and Council — Octoher 1806, 103 sion" — Members chosen Mess'"- [Dudley] Chase, [Samuel] Shaw, P, Smith, Rich and Hinman, — also Resolved, That a Committee of three be appointed from this house, to join a Coramittee from the Council, to be denominated "The First Land Tax Committee" — Members chosen. Mess"- Tyrus Hurd, Henry & Richard Hurd. Extract from the Journals, Attest Martin Post Clerk" — and thesarae being read. Resolved, That M'- Niles join the Committee appointed by the house denominated the "Turnpike Committee," That M'- Galusha join the Committee appointed by the house denominated "The Committee of Insolvency & Suspen sion," and that M'- Shepardson join the Coramittee appointed by the house denominated "The First Land Tax Coramittee." The following resolution was received from the house; "Resolved, That a Coramittee of Three Members be appointed to join such Commit tee as the Governor and Council may appoint, to take into considera tion the act Entitled An act directing the proceedings against the Trus tees of concealed or absconding debtors, and to enquire whether any & what amendments of said act ought to be raade, and especially to pre vent County Courts having Jurisdiction in causes where the demand shall be under a certain sum, and to report by bill or otherwise. Iu General Assembly Oct'- 10, 1806, Introduced by M'- [Henry] Olin, Read and passed, & Mes"- D, Chipman, T. Hutchinson and [Daniel] Buck were appointed a Coramittee from the house. Att. Martin Post Clerk" — and the same being read. Resolved, That M'- Witherell join the Committee appointed by the house on said resolution. The following Petitions for Land Taxes were received frora the house, viz. One for a Land Tax on Morristown, one for a Land Tax on West- field, one for a Land Tax on Belvidere, one from the Inhabitants of Westfield and Eden praying for a Land Tax on Kellyvale [Lowell,] one for a Land Tax on Sunderland, one for a Land Tax on Monkton, one frora the Selectraen of Cabot for a Land Tax on said Town, and one from Parley Davis and others praying for a Land Tax on the Town of Montpelier for the purpose of building a State House, with this order on each; "In General Assembly Nov. [Oct.] 10, 1806. Read and referred to the First Land Tax Committee to join &c. Attest M. Post Clk" — and the sarae being severally read. Resolved, To concur with the house in the said reference, A Petition frora Abijah Lathrop, praying for an act to suspend civil prosecutions against him for a term of time therein mentioned, was received from the house with this order thereon: "In General Assembly Oct'- 10, 1806. Read and referred to the Comraittee of Suspension &c. to join from Council. Att. M. Post Clk" — and the same being read. Resolved, To concur with the house in the above reference. A Petition from Sgniuel Dickinson and others, praying for leave to make a Turnpike Road from Rockingham to Massachusetts line, one from Lewis R. Morris and James Whipple for leave to make a Turnpike Road from Connecticut River in Springfleld to Parker's tavern in Ches ter, and a Remonstrance from the Weathersfield Turnpike Corporation against granting the prayer ofthe last raentioned Petition, were received frora the house with this order on each: "In General Assembly Oct'- 10, 1806, Read and referred to the Turnpike Comraittee to join from Council, Att, M, Post Clk" — which were severally read, and Resolved, To concur with the house in the above reference. Adjourned to 2 O'clock P, M, 2 O'clock P, M. — The Council met pursuant to adjournment, and having no business before me [them,] adjourned untill 9 O'clock Mon day morning, . 104 Governor and Council — Octoher 1806. Monday, October 13*. 1806, 9 O'clock A, M. The Council met pursuant to adjournment. The following resolutions were received from the house: "Resolved, the Governor and Council concurring therein, that the Members of both houses raeet in County Conventi0Q. Assembly Oct'- 25, 1806, Resolved, that there be a Committee ap pointed, consisting of three Members, to join a Committee from Coun cil, to take under consideration "an act Pintifled an act regulating the office and duty of Sheriff, Hi-h-Bailiff, their respective Deputies, and Constables," and report to this house such alterations and amendments, if any, as they raay deem necessarv and expedient, by bill or otherwise. Read, adopted and Mess"- W"'- C, Harrington, Spencer and Dewey ap pointed a Committee on the part of the house, Att. M. Post Cl'k "— and the sarae being read. Ordered, That Governor Brigham join the aforesaid Comraittee from the house, A bill Entitled An act establishing the town lines of Berkshire was again received from the house with tliis new order thereon; "In Gen eral Assembly Oct'- 25'"- 1806. Read and recommitted to former joint Committee. Aft. M. Post Clk '" — in which recommittment the Gov ernor & Council concurred. Adjourned untill 9 O'clock on Monday Morning. Monday, October 27*. 1806, 9 O'clock A. M. The Council met pursuant to adjournment, A bill Entitled "An act directing the appointment of Turnpike In spectors," was again received from the house with this new order thereon; " In General Assembly Oct'- 25'"' 1806. Read the second time, amended and recommitted to the forraer joint Committee. Attest M. Post Clk" — in which recomraittment the Governor & Council concurred. An Engrossed Bill, passed in the house of Representatives, Entitled "An act to authenticate the records and proceedings of the town of Richford," was sent up for revision &c. read, and Ordered, Th-at it be referred to M'- Galusha. An Engrossed bill, passed in the house of Representatives, Enlitled '•An act authorising the Proprietors of Waterford to pilch their undi vided lands in said town, and establish pitches allready raade," was sent up for revision &c. read, and Ordered, That it be referred to Gov'- Brighara. The bill Entitled "An act laying a Tax of three cents per acre on the town -of Underhill," was again read, and it was Resolved, To concur with the house in passing said bill into a law. On motion, M'- Galusha obtained leave to introduce a bill Entitled "An act to araend an act Entitled an act establishing the form of Oaths, passed Oct'- 31". 1797," wbich was read, passed and ordered to be en grossed and sent to the house of Representatives for their concurrence. The following message was received from the house- "In General Assembly Oct'- 2.5'"- 1806. Resolved, that this house concur with the Governor and Council in their proposed amendments to the following bills, and the same have become laws, to wit, A bill Entitled An acl directing the Treasurer to nay to Doct'- Sarauel Williaras the sum therein mentioned, A bill Entitled An act to incorporate the Proprietors of an acqueduct in the East Parish in Westminster, and A bill Entitled An act constituting and appointing a Company of Light Infantry in the flrst Regiment second Brigade and fourth Division of the Militia of this State, Also Resolved, that this house concur with the Governor and Council m their resolution appointing a time for the meeting of both r™i'f f'f Coramittee for the purpose of electing certain Brigadier Geneials, and also. Resolved, to concur with the Governor and Council m their proposed amendment to Ihe resolution for meetino- in ioint Committee for the|purpose of electing a Judge of the County^CouitTn Governor and Council— Octoher 1806, 125 the County of Rutland in the room of Nathan B, Graham Esquire re signed. Extract from the Journals, Att, M. Post Clerk," An Engrossed bill, passed in the house of Representatives, Entitled An act granting a right of kee|)ing a ferry to Benjarain Bell, was sent up for revision &c. read, and Ordered, That it be referred to M'- White and M'- Niles, A remonstrance from Daniel Willcox, against passing the last men tioned bill, was read, and Ordered, That it be referred to the Coramittee on the same. The following resolution was received from the house—" In General Assembly Oct'- 25, 1806, Resolved, That his P:xcellency the Governor he requested, by and with the advice of Council, to appoint Thursday the fourth day of December next as a day of public thanksgiving and praise throughout this State, E-xtract from the Journals, Att. M. Post Clk"— and the same being read. Resolved, That the Council ad vise the Governor to issue his proclamation in compliance with the re quest contained in the above resolution. Adjourned untill 2 O'clock P. M. 2 O'CLOCK P. M.— The Petition of Norman Webber was again re ceived from the house with this new order thereon: "In General As sembly Oct'- 27, 1806. This Petition recommitted to the former joint Committee with tho addition of Mess"- Olin, J, Herrenton ' and A, Lyon and the Committee directed to report by bill or otherwise, Att, M, Post Clk "—and the Governor & Council concurred in said recommitt ment. The Committee to whom was referred the bill Entitled "an act grant ing the right of keeping a ferry to Benjamin Bell," reported the follow ing resolution — Resolved, the house of Representatives concurring herein, that the bill Entitled " an act granting the right of keeping a ferry to Benjamin Bell," be referred to the next session of the Legisla ture — which report was accepted, and Ordered, That it be transmitted to the house by- a member, and that he assign to the house the reasons for the same. Member chosen, M'- White. An Engrossed bill, passed in the house of Representatives, Entitled "An act directing the Treasurer to pay to Jonathan Holton the sum therein mentioned," was sent up for revision &c. read & Resolved, To concur with the house in passing said bill into a Law. The Petition of Abel .Tackman and others, prayiug the repeal of the act establishing the Jurisdictional lines between the towns of Vershire and Corinth in the County of Orange, was again received from the house with this new order thereon: "In General Assembly Oct'- 27"'- 1806, Report read and recommitted to former joint Committee, Att, M, Post Clk." — in which recommitment the Goveruor and Council con curred. An Engrossed bill, passed in the house of Representatives, Entitled "An act empowering the Selectmen of Hubbarton and Sudbury in the County of Rutland to draw off the waters of certain inillponds,'' was sent up lor revision &c, read and Ordered, That it be referred to M'- With erell, The bill Entitled "An act relating to State Printing," to which the Governor and Council had proposed certain amendments on the 25'" In'-, was returned from the house with this new order thereon: "In General Assembly Oct'- 27, 1806.— Resolved, that the house do concur ^ James Harrington. The name is frequently written Herrenton in the journals. 126 Governor and Council — October 1806, with the Governor and Council in their last proposed amendment to this bill — also. Resolved, that this house do nonconcur with the Gover nor and Council in their first proposed araendraent, and that M'- T, Hutchinson return the bill to the Governor & Council with the reasons of the house. Att, M. Post Clk " — and M'- T. Hutchinson, after assign ing the reasons for the same, withdrew — and the same being again, read, it was Resolved, To rescind frora the amendment nonconcurred by the house, and to concur wilh the house iu passing the same with the last proposed amendment. The Committee, to whom vvas referred the bill Entitled " An act em powering the Selectmen of Hubbarton and Sudbury in the County of Rutland to draw off the waters of certain mill-ponds," reported an araendraent to be made to the same, which was adopted, and then it was Resolved, To concur with the house in passing said bill into a law, as amended, and M'- Witherell appointed to inform the house of the rea sons of Council in proposing said amendments. Adjourned untill 9 O'clock Tomorrow raorning. Tuesday, October 28'". 1806, 9 O'clock A, M, The Council met pursuant lo adjournment. The following resolution was received from the house—'' In General Assembly Oct'- 27, 1806. Resolved, to concur with the Governor and Council in their proposed amendments to the bill Entitled "An act con- stitutiug and appointing a Company of Light Infantry in the second Regiment in the second Brigade and second Division of the Militia of this Sta'te," and the said bill has passed into a Law — also Resolved, to concur with the Governor and Council in their resolution referring to the next session of the Legislature a bill Entitled "An act granting the right of keeping a ferry to Benjamin Bell," Extract from the Journals, Att, M, Post Clk," ' A bill Entitled "An act to araend an act Enlitled au act directing the proceedings against the Trustees of concealed or absconding deblws," was received frora the house with this order thereon: " In General As sembly Oct'- 27, 1806. This bill was reported by Conimittee, report ac cepted and tbe bill recommitted to former joint Coramittee with the addition of Mess"- N. Chipman, [Wm. C] Bradley and Olin, Att. M. Post Clk "—in which recommittinent the Governor and Council con curred. A bill Entitled " an act in addition to an act Entitled an act directing tlie raode of election of Governor, L«- Governor, Treasurer of the State, Councillors and Representatives," was received from the house wilh this order thereon—" In General Assembly Oct'- 27, 1806. This bill was re ported by Coraraittee, read and the report accepted— on motion the bill was recommitted fbr amendment to the former joint Committee. Att, M. I'ost Clk — m which recommittment the Governor and Council con curred. The following Engrossed bills, passed in the house of Representatives, were serit up for revision and concurrence or proposals of amendment -viz. An act directing the Secretary of State to record those laws of the last session which remain unrecorded," '-An act laying a tax of three cents per acre on the town of Cabot," and " An act laying a tax of five cents per acre on the town of Vineyard " [Isle La Motte,] and the same being severally read and considered. Resolved, To concur with the house in passing them, respectively, into laws Pursuant to adjournment and the Concurrent resolution of both Governor and Council — October 1806, 127 houses, the Governor and Council proceeded to the Representatives' roora, and met the house in joint Comraittee for the purpose of cora- pleating the elections of the County Offlcers, & electing an assistant Judge of the Rutland Counly Court to supply the vacancy occasioned by the resignation of Nathan B. Graham, a Surveyor General, and sun dry Brigadier Generals,' and having flnished the sarae the joint Commit tee was dissolved and the Governor and Council returned to their cham ber and adjourned untill 2 O'clock P. M. 2 O'clock P. M.— On motion of M'- Witherell, Resolved, To recon sider the vote concurring with the house in passing the bill Entitled "An act laying a Tax of three cents per acre on the town of Cabot," and to concur with the house in passing the sarae with this araendraent, in sert the word " Matthias " in lieu of the word " Moses," in the seventh lihe, and M'- Witherell ajyiointed to inform the house of the reasons for the same. The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of araendraent: "An act laying a Tax of two cents per acre on the town of Westford, An act an nexing part of Panton to the Town of Weybridge," and " An act con cerning Mortgages, and Tenants in Common" — and the said bills being severally read, aud considered, it was Resolved, To concur w-ith the house in passing them, respectively, into laws. The following message was received from the house — "In General Assembly Oct'- 28'"' 1806. Resolved to concur with the Governor and Council in passing the bill Entitled " an act to amend an act Entitled an act establishing the forms of oaths, passed Oct'- 31, 1797," and the same has become a law of this State. Extract frora the Journals, At test Martin Po.st Clk." The Petition frora the Town of Concord was again received frora the house with this new order thereon — " In General Assembly Oct'- 28, 1806. Report read and Petition recommitted to forraer joint Coramit tee. Att, M, Post Clk" — in which recommittment the Governor and Council concurred. The Committee on the bill Entitled " An act to authenticate the rec ords and proceedings of the town of Richford," reporled that it ought to become a Law — whereupon Resolved, To concur with the house in pass ing said bill into a law. An Engrossed bill, passed in the house of Representatives, Entitled "An acl in addition to and alteration of an act Entitled An act granting to the Comraon Couucil of the City of Vergennes liberty to raise by lot tery the sum of two thousand flve hundred dollars " &c. was sent up for revision &c, read, and Resolved, To concur with the house in passing said bill iuto a Law, with this proposal of amendment, insert the word '' eight," in the flfth line, in lieu of the word " ten," and M'- Loomis re quested to inform the house of the reasons of Council, Adjourned untill 9 O'clock Toraorrow niorning. Wednesday, October 29*' 1806, 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 'The following named persons were elected: Isaac Clark assistant judge of Rutland County; Joseph Beeman jr. Surveyor General; Hor ace Olds, Micah Barron, and William Cahoon, Brigadier Generals. 128 Governor and Council — Octoher 1806. layino- a tax of three cents per acre on the town of Roxbury, An act layino a tax of three cents per acre on the town of Warren, An act lay ino- a^tax of three cents per acre on the town of Lunenburgh, An act layino a tax of three cents per acre on the town of Holland, An act lay ino a'' tax of three cents per acre on the town of Windhara, & An act layino a tax of four cents per acre on the town of Sheffield," and the said bills being severally read and considered. Resolved, To concur with the house in passing them, respectively, into laws. The following message was received from the house—" In General Assembly Oct'- 28, 1806— Resolved to concur with the Governor and Council in their amendments proposed to a bill Entitled " an act laying a tax of three cents per acre on the town of Cabot,'' and a bill Entitled "An act empowering the Selectmen of Hubbarton and Sudbury to draw off the waters of certain mill-ponds "—And the said bills have become laws of this Slate. Extract from the Journal?, Att, M. Post Clk." An Engrossed bill, passed in the House of Representatives, Entitled " An act laying a tax of three cents per acre on the town of Morgan," was sent up for revision &c. read and Ordered, That it be referred to M'- Wright. A bill Entitled " an act establishing the pitch of the public lands in Windham and Londonderry," was received from the house with this order thereon—" In General Assembly Oct'- 28, 1806— Read the second time and recommitted to the former joint Conimittee with the addition of Mess"- Chase, D. Chipraan and Rich. Att, M, Post Clk "—in which recoramittment the Governor and Council concurred. An Engrossed bill, passed in the house of Representatives, Entitled "An act laying a tax of two cents per acre on Kelley's Grant N"- 2," was sent up for revision &c, read, and Ordered, That it be referred to M'- Chittenden, An Engrossed bill, passed in the house of Representatives, Entitled " an act annexing a part of the town of Pitlsfleld to the Tovvn of Roch ester," was sent up for revision &c, read, amended, and then Resolved, To concur with the house in passing the same into a law, with the said proposals of amendment, and M'- Galusha requested to intorni the house of the reasons of Council for proposing the same. The Coramittee, to whom was referred the bill Entitled "An act au thorising the Proprietors of Waterford to pitch their undivided lands in said town, and establish pitches allready made," reported an amendment to be made to the sarae, which report was accepted, and it was Resolved, To concur with the house in passing said bill into a law, with said pro posal of amendment, and M'- Galusha appointed to inform the house of the reasons of Council fbr proposing the sarae. The bill Entitled "An act in addition to and alteration of an act grant ing to the Coramon Council of the City of Vergennes liberty to raise by Lottery the sum of two thousand five hundred dollars " &c, was re'iurned fromthe house by M'- Rich, a member, with this order thereon — "In General Assembly Oct'- 29, 1806. Read and resolved to nonconcur with the Governor and Council in their amendment to this bill, and that a member be appointed to carry up the same and assign the reasons ofthe house for their nonconcurrence. Member chosen, M'- Rich, Attest M, Post Clk"— and after assigning the reasons, M'-Rich withdrew — where upon, on raotion. Resolved, To rescind the vote proposing said amend ment to said bill, and to concur with the house in passing the same into a Law without amendment. Adjourned to 2 O'clock P, M, 2 O'CLOCK P, M.— A bill, passed in the house of Representatives, En titled "An act directing the appointment of Turnpike Inspectors, and Governor and Council — Octoher 180Q, 129 • regulating their offlce and duty," was sent up, for revision &c, read, and referred to Mess"- Witherell & Galusha, The Committee, to whom was referred the bill Entitled " An act lay ing a Tax of three cents per acre on Morgan," reported an amendment to be made to said act, which was accepted, & Resolved, To concur with the house in passing said bill into a law, with said proposal of amend ment, and M'- Wright appointed to inforra the house of the reasons of Council in proposing the same. The Petition of Norman Webber was a third time received from the house with this new order thereon: " In General Assembly Oct'- 29, 1806. — This Petition and the enclosed bill recommitted to forraer joint Committee, and the Committee directed to state facts and to report by bill or otherwise. Attest M. Post Clk." — in which recommittment the Governor & Council concurred. The Coraraittee on the bill Entitled "An act directing the appoint ment of Turnpike Inspectors, and regulating their offlce and duty," re ported that it ought to pass, whereupon Resolved, To concul- with the house in passing said bill iuto a Law. Adjourned untill 9 O'clock Toraorrow morning. Thursday, October 30*. 1806, 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 araendraent — "An act laying a Tax of two cents per acre on the town of Sunderland, An act laying a tax of three cents per acre on the town of Concord, An act di recting the Treasurer to credit the Town of Richraond the sura therein mentioned. An act laying a tax of two cents per acre on the town of Ferrisburgh," and "An act granting a new trial to Archibald Prichard," and the said bills being severally read and considered, it was Resolved, To concur with the house in passing thera, respectively, into Laws, A bill, passed in the house of Representatives, Entitled "An act granting to Daniel Hurlbut the exclusive right of building a toll Bridge across Onion River," was sent up for revision &c, read & Ordered, That it be referred to M'- Witherell. The following raessage was received from the house: "In General Assembly Oct'- 29, 1806. Resolved to concur with the Governor and Council in their amendraents to the following bills, viz. A bill Entitled "An act annexing a part of the town of Pitlsfleld to the Town of Roch ester," and A bill Entitled "An act authorising the Proprietors of Waterford fo pitch their undivided lands in said town and establish pitches allreadv made " — And the said bills have becorae laws of this State, Extract from the Journals, Att, M. Post Clk." A bill Entitled " An act to restrain the practice of giving spirituous liquors on the day of election &c." was received from the house with this order thereon— "In General Assembly Oct'- 29*. 1806— Read the 1' time and referred to the joint Coraraittee ou the bill relating to the electiou of Governor, L'- Governor &c. Attest M, Post Clk" — and the same being read. Resolved, To concur with the house in their said reference. The bill Entitled "An act laying a tax of three cents per acre on the town of Morgan," to which the Governor and Council had yesterday proposed an araendraent, was returned from the house by M'- E, Robin son, a Member, with this order thereon — "In General Asserably Oct'- 30, 1806, Resolved to nonconcur with the Governor and Council in 9 130 Governor and ^Council — October 180Q. their proposed amendment to this bill, and that M'- E. Robinson be a CommUtee to carry up the said bill and assign the reasons of the house, At^M Post Clk"-and after assigning the reasons, M- Robinson with- dl-ew and the said bill and amendment being read, on motion, Resolved, To rescind from the said proposed amendment, and to concur with the house in nassing tbe sarae into a Law, ut n i The following resolution was received from the house: "In General Assemblv Oct" 29, 1806, Resolved, that the followino persons viz. Stephen "Conant, Martin Cheney, William Eraerson, Nahum Mower and others, Mechanicks of the town of Windsor, be incorporated mto a Society, by the narae of the Windsor Mechanick Association, with such privileges and iraraunities as are usual in such cases. Oct'- 30: Read knd referred to the Joint Committee on the Petition o the Grand Lodoe, to report by bill or otherwise, Att, M. Post Clk' -and the same being read. Resolved, To concur with the house m their said I'GfGrGllCG. Adjourned until! 2 O'clock P. M. 2 O'CLOCK P. M.— A bill Entitled "An act in addition to and expla nation of an act Entitled An act regulating tbe Offlce and duty of Sheriff" &c. was received frora the house with this order thereon—' In General Assembly Oct'- 30, 1806— Reported by Coramittee, read and amended and ou motion recommitted to former joint Coramittee for further amendment. Att. M. Post Clk."— in -ivhich recoramittment the Governor & Council concurred. A bill, passed in the house of Representatives, Entitled "an act in addition to an act Entitled an act reducing into one the several acts for. laying out, repairing and clearing highways," was sent up for revision &c. read, amended, and Resolved, To concur wilh the bouse in passing the same into a law, wilh the said proposals of amendment, and M'- Ga lusha appointed to inforra the house of the reasons for proposing the same. A bill, passed in the house of Representatives, Entitled "An act em powering the Selectraen of AVells and Poultney in the County of Rut land to draw the waters of a certain Mill-Pond raised in AVells and Poullney, to their ancient and natural level, al certain seasous of the year,'' was sent up for revision &c. read, araeuded, and then it was Re solved, To concur with the house iu passing s.aid bill into a law, with said proposals of araendraent. Adjourned untill 9 O'clock Tomorrow morning. Middlebury, Friday, October 31"'- 1806, 9 O'clock A, M. The Council met pursuant to adjournment. A bill. Entitled "An act in addition to and explanation of an act En titled an act regulating the offlce & duty of Sheriff &c." was again re ceived frora the house with this new order thereon; "In General Asserably Oct'- 30. 1806 — report read and accepted, and the bill read and recommitted to the forraer joint Committee. Attest M, Post Clk."— in which recomraittment the Governor and Council concurred, A bill Entitled "An act directing the Treasurer to pay to Tim"- F. Chipman and Henry Hall the sum therein mentioned," was received from the house with this order thereon — " In General Assembly Oct'- 30"". 1806. This bill was bro'- in on motion of leave by M'- Rich— Read the 1"' time & Referred to Mess"- Buck, Shaw, Hendee, Rich and Whit ney, to join a Coramittee from Ctmncil. Attest M, Post Clerk "—and Governor and Council — October 1806. 131 the same being read. Ordered, That Gov- Brigham join the above Com mittee, The following resolution was received from the house^ — "In General Assembly Oct'- 30'"- 1806— Whereas, it is of the utmost importance in a good government, that the laws should be uniform and easy to be under stood, and that the means of ascertaining the line of duty should be made as cheap and easy as possible, not only to those who hold Offlces in the government, but to every individual citizen in subjection to it — aud, Whereas, there has been no revision of the Statutes of this State for nearly ten years, and the public acts of the Legislature, during that period, are dispersed thro' a variety of paraphlets, rendering it ex tremely inconvenient to the good people of this State to refer to the laws whenever the same shall be necessary — Resolved, That a Comrait tee of three be appointed from this house, to join such Committee as the Governor and Council shall appoint, to enquire into the expediency of appointing a Committee of revision, for the purpose of revising the acts passed by the Legislature of Vermont, since the revision of 1797, and of reducing the public acts, passed during that period, into a more compact form, and of noticing the existing variations, between those acts, and the revised laws published by the authority of the Legislature in the year 1798,^— Read, adopted and Mess"- Bradley, Aiken and Whitney were ap pointed a Committee on the part of the house, Att, M, Post Clk," — and the same being read. Ordered, That M'- Galusha join the Committee on the above resolution. The following resolution was received from the house; ''In General Assembly' Oct'- 30, 1806. Whereas there have been a number of in stances of Negro persons, who were minors, having been transported by evil minded persons from this to the other States and province of Can ada, where slavery is established by law, and there disposed of as slaves, which practice is contrary to the Genius and principles of the good peo ple and Government of this state, and, Therefore, the evil of which pernicious practices to prevent, — Resolved there be a Committee of flve members to join from Council, to take under consideration the propriety of passing a law for remedying the evils abovementioned, and report to this house by bill or otherwise. Read, adopted, and Mess"- Hendee, Williams, E, Robinson, Hinman and Plouse were appointed a Committee on the part of the house. Attest M, Post Clk,"— and the same being read. Ordered, That M'- Shepardson join the above Committee from the house,' 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 lo credit the town of Stockbridge the sum therein raentioned, An act laying a Tax of three cents per acre on all the lands within the original grant of the township of New Hun tington [Huntington,] Buel's and Avery's Gore, An act laying a tax of 1 This resulted in an act to prevent kidnapping, the penalty for which was that any offender should " be publicly whipped, on his naked back, not exceeding thirty-nine stripes, or pay a flne not exceeding one thou sand dollars and be confined to hard labor or imprisonment not exceed ing seven years ; any part, or the whole of the aforesaid punishment to be inflicted, or penalty to be imposed, at the discretion of said [supreme] court ; and shall be further liable to make good all damages, to the per son thus carried away, removed, or disposed of," — See printed Laws of Vermont, 1806, p. 151, 132 Governor and Council — November 1806, three cents per acre on the town of Hopkinville [Kirby ] An act direct- ino the Treasurer of this State to credit the Town of Wells the sum thlrein mentioned," and "An act assessing a Tax of one cent on the dollar on the list of the present year" [State tax,] and the same being severally read and considered. Resolved to concur with the house in passing them, respectively, into laws. Adjourned to 2 O'clock P. M, 2 O'clock P, M,— The following message was received from the liouse- " In General Assembly Oct'- 31"'- 1806— Resolved to concur with the Governor and Council in their araendments proposed to the bill Entitled "An act empowering the Selectmen of Wells and Poultney to draw off the waters of certain mill-ponds " &c. and the said bill has passed into a Law of this state. Extract frora the Journals, Attest M. Post Clerk." A Petition from the Dorset Turnpike Company, for an extension of said road, and to repeal a certain limitation in the act incorporating said Company, was received from the house with this order thereon—" In General Asserably Oct'- 31''. 1806, Read and referred to the flrst Joint Turnpike Coramittee, Att. M. Post Clk "—and the sarae being read, Resolved to concur with the house in the said reference. Adjourned untill 9 O'clock Tomorrow morning. Saturday, Noveraber 1"'. 1806, 9 O'clock A, M, The Council raet pursuant to adjournment, ' "* On Motion, M'- Chittenden [had] leave of absence, after toraorrow, for the remainder of the Session, The following bills, passed in the house of Representatives, were sent up for revision" and concurrence or proposals of amendment — " An act granting relief to Cap'- John Vincent, an indigent Indian in this State, An act granting a new trial to Abel P'arewell in a case therein men tioned. An act appointing a Committee to lay out and survey a road therein mentioned. An act directing the Treasurer to credit to Jacob Davis the sum therein mentioned. An act in addition to and amendment of an act Entitled an act laying a tax of flve raills on the dollar on the polls and rateable estate of the County of Franklin for the year 1805, and appointing auditors for the purpose therein mentioned, passed Nov, 7'". 1805," and the said bills being severally read and considered, Re solved, To concur with the house in passing the same, respectively, into laws, A bill Entitled "an act to amend an act Entitled an act directing tbe proceedings against the Trustees of concealed or absconding debtors," was again received frora the house with this new order thereon: "In General Assembly Oct' 31, 1806. Bill read. the second time and refer- i-ed to Mess"- Bradley, Potter, W'"- C. Harrington, Spencer and Hendee, to join a Committee from the Council, for amendment, Att, M, Post Clerk " — and the same being read, Ordered, That M'- Galusha & M'- Wheelock join the above Coramittee. Adjourned to 2 O'clock P. M. 2 O'clock P. M.— A bill Entitled "An act in addition to and in al teration of an act Entitled an act regulating marriage and divorce, passed February 28*. 1797," was received from the house with this order thereon; " In General Assembly Nov, 1, 1806— This bill was brought in on motion of leave by M'- Bailey, read and referred to Mess"- Baiiey, Rich & G. Stone, to join a Committee from the Council, Attest M. Governor and Council — Novemher 1806. 133 Post Clerk"— and the same being read. Ordered, That M'- Niles & M'- Shepardson join the above Committee. An Engrossed bill, passed in the house of Representatives, Entitled "An act in addition to an act Entitled an act regulating Town meetings and the choice and duty of Town offlcers," was sent up for revision &c. read and referred to M'- Galusha & M'- AVitherell. An Engrossed bill, passed in the house of Representatives, Entitled "An act repealing a certain act therein raentioned," was sont up for re vision &c. read, and Resolved, To concur with the house in passing said bill into a Law. An Engrossed bill, passed in the house of Representatives. Entitled "An act granting to Sarauel B. Sheldon the exclusive right of building a Toll Bridge across Missisquoi River," was sent up for revision .&c. read, and Ordered, That it be referred to M'- Witherell for amendment. Adjourned untill 9 O'clock Monday morning. Middlebury, Monday, November 3'"- 1806, 9 O'clock A, M. The Council met pursuant to adjournment. A bill, passed in the house of Representatives, Entitled "An act lay ing a tax of four cents [xe'r acre on the town of Danville," was sent up for revision &c, read, and Resolved, To concur with the house in passing said bill^nto a Law, An Engrossed hill, passed in the house of Representatives, Entitled "An act in addition to and in amendment of the Laws now in force re lating to Goals and Goalers," was sent up for revision &c, and being read. Ordered, That it be referred to M'- Loorais, The bill Entitled "An act in addition to an act Entitled an act re ducing into one the several acts for laying out, making, repairing and clearing highways," to which the Governor and Council had proposed certain amendments, was returned from the house by M'- Plutchinson, a Member, with this order of the house thereon — "In General Assembly Nov, 1, 1806, — Resolved to nonconcur with the Governor and Council in their amendment to this bill, and that M'- T, Hutchinson carry up the same and assign the reasons ofthe house. Attest M. Post Clerk" — and after assigning the reasons he withdrew — and the said bill being again read, on motion. Resolved, To rescind from the said proposal of amend ment, and the said bill having received further and other araendraents, Resolved, To concur with the liouse in passing the same into a law, with the said further proposals of amendment. An Engrossed' bill, passed in the house of Representatives, Entitled "An act in addition to and alteration of an act Entitled an act to appoint a Committee to lay out and survey a road from the place where the bridge over Connecticut River was erected in Norwich to Chelsea Court house," was sent up for revision &c, and the same being read. Ordered, That it he referred to M'- Looniis, M'- Keyes, on motion, obtained leave to introduca a bill Entitled "An act enabling the owners of toll bridges and Turnpike Roads to lessen the rate of toll on the sariie," which was read, and Ordered, To lie on the table. The following resolution was received frora the house — " In General Assembly Nov" 3, 1806. Resolved, That a Coramittee consisting of a Member from each County be appointed to join a Committee from Council, to receive and distribute the warrants for the State Tax on the list of 1806, the Election Sermons, and Proclamations for thanksgiving. Members chosen. Mess"- Hale, Knoulton, Holden, R. Lyon, Pond, W, 134 Governor and Council — November 1806, Child, Barney, Edson, Green, J, Lyon, Wetherbee & Sowles, Extract from the Journals, Att, M. Post Clk "—and the same being read. Or dered, That M'- Shepardson join said Co'.nmittee frora the house. A bill Entitled "An act establishing the Juri.sdictional lines ofthe town of Berkshire," was received from the house with this order thereon: " In General Asserably Nov. 3, 1806, This bill was bro'- in on motion of M'- Littlefleld, Read and referred to Mess"- Edson, Ware & Emerson, to join a Committee from Councik Attest M. Post Clerk "—and the same 'being read. Ordered, That M'- Wright join the above Conimittee. A"bill Entitled "An act establishing a County Grammar School at Randolph in Orange County," was received from the house with this order thereon; " In General Asserably Nov. 3, 1806. This bill was bro'- in on motion of leave by M'- Chase, Read and referred to Mess"- Buck, Mather, D. Palraer, Shaw and Campbell, to join a Committee from Council. Attest M. Post Clerk "—and the sariie being read. Ordered, That M'- AVitherell join the above Comraittee. Adjourned to 2 O'clock P. M. 2 O'clock P. M. — The Committee, to whom was referred the bill En titled "An act in addition to and araendraent of the Laws now in force relating to Goals and Goalers," reported that it ought to pass, where upon Resolved, To concur wilh the house in passing said bill into a Law. The Comraillee, to whora was referred the bill Entitled " An act in addition to aud alteration of an act Entitled an act to appoint a Commit tee to lay out and survey a road from the place where the bridge over Connecticut River was erected at Norwich to Chelsea Court house," re ported that said bill ought to pass, and it being again read. Resolved, To concur with the house in passing the same into a Law. The Comraittee, to whom was referred the bill Entitled "An act granting to Samuel B. Sheldon the exclusive right of building a toll bridge across Missisquoi River," reported sundry amendraents to be made [to] said bill, and the same were adopted & then Resolved, To concur with the house in passing the said bill into a Law, with said proposals of araendraent, and M'- Witherell appointed to assign the reasons for the sarae to the house, A bill Entitled "An act relating to the duty of the Grand Jury. before the Supreme Court," was received from the house with this order thereon; "In General Assembly Nov. 3, 1806. This bill reported by Committee, read the 1"' time and recoraniitted to former joint Commit tee, Attest M, Post Clerk" — and the sarae being read. Resolved, To concur wilh the house in the said recommittment. A bill, passed in the house of Representatives, Entitled "An act to authorize the Proprietors and Landowners of Norwich to establish the division oftheir lands," was sent up for revision &c, and the same being read. Ordered, That it be referred to Mr, Keyes, A bill Entitled "An act in addition to an act Entitled an act incorpo rating certain persons therein mentioned by the name of the Center Turnpike Company," was received from the house with this order thereon: "In General Assembly Nov, 3, 1806.— This bill reported by Committee and recommitted to former joint Committee, Attest M. Post Clk"— and the same being read, Resolved, To Concur with the house in said reference. Adjourned to 9 O'clock Toraorrow morning. Governor and Council — November 1806, 135 Middlebury, Tuesday, November 4*. 1806, 9 O'clock A. M. The Council met pursuant to adjoururaent. The Comraittee, to whom was referred the hill Entitled "An act granting to Daniel Hurlbut and his Associates the exclusive right of building a toll bridge across Onion River," reported sundry amend ments, which were adopted, the bill read as araended, and then it was Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, and M'- Witherell appointed to inform the house ofthe reasons fbr the same. The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment— "An act giving day of payment to Joseph Winslow, Administrator on the Estate of Peleg Winslow, late of Putney, deceased, for two certain Executions in favor of the Treasurer of this State against said Joseph as Adminis trator as aforesaid, for the term therein raentioned; An act extending the time for recording certain Advertisements in the Town Clerk's office in Montgomery; An act extending the time for recording a certain Ad vertisement in the town of Berkshire, relating to a road Tax; An act relating to the records of the Town of Topsham; An act in addition tb an act Entitled An act granting the right of making and keeping a Turnpike road from the lower bridge over Onion River in Colchester to, the ferry from Middle hero to Cumberland head," aud "An act extend ing the time of forfeiting the grant to the Fairhaven Turnpike Com pany," and the said bills being severally read & considered. Resolved, To concur with the house in passing them, respectively, into laws. An Engrossed bill, passed in the house of Representatives, Entitled "An act to autbeulicate the records ofthe town of Panton," was sent up for revision &c. read, and amended by erasing the word " legal" in the 8'" line and inserting the word " the," and then Resolved, To concur with thti house in passing said bill into a law, with said proposal of amendment, and M'- Loomis appointed to assign to the house the rea sons for the sarae. On raotion of M'- Witherell, M'- Chittenden, appointed a Committee on the bill Entitled "An act laying a tax of two 'cents per acre on Kelley's Grant N°- 2,'' was discharged frora any further consideration of the same, and M'- Shepardson appointed in his room. An Engrossed bill, passed in the house of Representatives, Entitled "An act granting a new trial in a certain cause therein mentioned," was sent up for revision &c. and being read. Ordered, That it be referred to M'- Niles. The following resolution was received fromthe house — "In General Assembly Nov, 3, 1806. Resolved, the Governor and Council concur ring herein, that both houses meet in the Representatives' room, at 10 o'clock on Friday niorning next, and adjourn the Legislature without day. Extract frora the Journals, Attest M, Post Clerk" — and the same being read, it was Ordered, To lie on the table. A bill Entitled "An act to appoint a Comraittee to designate a place for Orange County Gramraar School" was received frora the house with this order thereon — "In General Asserably Nov. 4'". 1806. This bill was bro'- in on motiou of leave by M'- Peaslee, Read and referred to the Committee on the bill establishing Orange County Grammar School, to join &c. Attest M. Post Clerk"— and the same being read, Resolved, To concur with the house in the said reference. The following resolution was received from the house — "In Geueral Assembly Nov, 4, 1806, Resolved, the Governor and Council concurring herein,, that both branches of the Legislature meet in joint Comraittee, in the Representatives' room, on Thursday next, at 10 o'clock A, M, for 136 Governor and Council — Novemher 1806, the purpose of making further appointments of County officers. Attest M, Post Clerk"— and'the same being read. Resolved, To concur with the house therein, A bill Entitled "An act directing the purchase of a fleld piece for a Company therein mentioned," was received from tbe house with this order thereon; "In General Assembly Nov, 4, 1806- This bill was brought in on motion of leave by M'- P. Child, and referred to the joint Committee on the bill for the relief of Tiraothy F, Chipman and Henry Hall, Attest M. Post Clerk"— in which reference the Governor and Council concurred. Adjourned to 2 O'clock P, M. 2 O'clock P. M, — The Committee, on the bill Entitled "An act in addition to an act Entitled an act constituting the Supreme Court of Judicature and County Courts, defining their powers and regulating Judicial proceedings, reported the same with araendraents, and the same being read. Resolved, That the sarae do pass, and Ordered that it be engrossed and sent to the house for their revision &c. The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of araendraent, "An aet , directing the Treasurer to credit the tovvn of Bolton the sura therein mentioned; An act directing the Treasurer to credit the town of Ver shire the sum of thirty-ei.ght dollars; An act laying a Tax of three cents per acre on the town of Westmore," and " An act altering the narae of John Vance to John Sraith," and the said bills being severally read and considered. Resolved, To concur with the house in passing them, re spectively, into laws. An Engrossed bill, passed in the house of Representatives, Enlitled "An act in amendment of an act Entitled An act incorporating certain Turnpike Companies in the western Counties in this State, passed Nov. 7, 1805," was sent up for revision &c. and the same being read. Ordered, That it be referred to M'- Witherell to enquire whether the Waltham Turnpike Company assent to the provisions of this act. And the said Coramittee having made the enquiry directed, reported that it was the unanimous wish of s" Company, whereupon Resolved, To concur with the house in passing said bill into a law. The following resolution was received from the house;— [Resolutions on proposition of Kentucky to limit the jurisdiction of Uniled States, courts, for which see Appendix B,] aud the same being read and consid- ' ered. Resolved, To concur with the house therein. Adjourned untill 9 O'clock Tomorrow mornino. Wednesday, November 6'"' 1806, 9 O'clock A, M. The Council met pursuant to adjournment. On motion. Resolved, That his Excellency the Governor be requested to issue his Proclamation appointing Wednesday, the fifteenth day of April next, to be observed as a day of public humiliation, fastino and praise throughout this State. A bill, passed in the house of Representatives, Entitled "An act for the relief of the Managers of the Friendly lottery were [was] sent up for revision &c. and being read, it was Resolved, To concur with the house in passing the said bill into a law. Two bills, passed in the house of Representatives, both Entitled "An act in addition to and in explanation of an act Entitled an act regu lating the office and duty of Sherifl, High Bailiff, their respective Governor and Council — Novemher 1806. 137 deputies, and Constables," were sent up for revision &c. and the same being read. Ordered, That they be referred to M'- Galusha. The bill, Enlitled "an act granting to Daniel Hurlbut the exclusive right of building a toll bridge across Connecticut river," which the Gov ernor and Council yesterday sent to the house with proposals of amend ment, was returned by M'- Spencer, a Member, with this order thereon — "In General Assembly Nov, 5, 1806, Resolved, to concur with the Governor and Council in their proposed amendments to this bill, except the amendments to the 3'" Section, and the additional Section, with which the house do nonconcur, and that M'- Spencer be a Committee to carry up the bill and assign the reasons of the house for their noncon currence. Attest M, Post Clk." — and M'- Spencer after assigning the reasons withdrew— and the said bill and amendments being again read. Resolved, To rescind from the said amendments nonconcurred by the house, and that the said bill be referred to M'- Loomis for further amendments. The Coraraittee, to whom was referred the bill Entitled "An act as sessing a tax of one cent on each acre of land in the County of Caledonia, for the purpose of defraying the expence of building and compleating a new Jail at Danville in said County, and also for paying the debts and demands against the same," reported sundry araendments to be made to the same, which was accepted, and on the motion [question,] shall the hill pass. With the said amendments, the yeas and nays being required by M'- Niles, were as follows, viz. Yeas, 'Gov, Brigham, Mess"- Loorais, 'Wheelock, Witherell, White, Fletcher, Spooner and Wright. Nays, Mess"- Galusha, Keyes, Niles and Shepardson. Yeas 8, Nays 4, so the bill passed as amended, and M'- Loomis was appointed to inform the house ofthe reasons of Couucil in proposing the said araendments. Adjourned to 2 O'clock P. M. 2 O'clock P. M. — A bill, passed in the house of Representatives, En titled '- An act in addition to and in amendment of an act Entitled an act incorporating certain persons therein raentioned by the narae of the Rutland aud Stockbridge Turnpike Company," was sent up for revision &c. and being read. Ordered, That it be referred to M'- Niles and M'- Loomis. The Committee, to whora was referred the bill Entitled "An act to authorize the Proprietqrs and Landowners of Norwich to establish the division of their Lands," reported sundry' amendraents to be made to the same, which report was accepted & Resolved, To concur with the house in passing the sarae into a Law, with said proposals of amend ment, and M'- Keyes appointed to inform the house of the reasons of Council ibr the same. The Committee, to whom was referred the bill Entitled "An act in addition lo an act Entitled an act regulating Town meetings and the choice and duty of Town-Officers," reported sundry amendments to be made to the sarae, which report was accepted and then it was Resolved, To concur with the house in passing said bill into a law, with said pro posals of amendment, and M'- G&,lusha appointed to inform the house of the reasons of Council for the same, A bill Entitled "An act directing the purchase of a field piece for the use of a Ccmipany of Artillery therein raentioned," was received from the house with this order thereon—" In General Assembly Nov, 4, 1806, This bill was bro'- in on motion of leave by M'- Rising, Nov, 5, Read and referred to the joint Committee on the bill making compensation to Tim"- F, Chipman and Henry Hall, Att. M. Post Clerk "—in which reference the Goveruor and Council concurred. 138 Governor and Council — Novemher 1806. The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendmeut —" An act laying a tax of three cents per acre on the town of Panton; An act en abling those persons who have or may purchase of William Tharpe, a British subject, any such real property within this State as come [came] to hira the said William Tharpe by the last will and testament of his brother John Tharp late of Charlotte deceased, to hold the sarae," and '-An act assessing a tax on the County of Essex," and the said bills be ing severally read and considered. Resolved, To concur with the house in passing thera, respectively, into laws. The Coramittee, to whora was reterrcd the bill Entitled '-An actgrant- iug to Daniel Hurlbut the excluijive right of building a Toll bridge across Onion River," for further araendraent, reported additional amend ments to be raade to the same, which were adopted, and then it was Re solved, To concur wilh the house in passing the same into a Law, with the said additional proposals of amendment, and M'- Loorais appointed 10 inform the house of the reasons of Council for the same. A bill, passed in the house of Representatives, Enlitled "An act annexing part of the town of Hubbarton to the town of Sudbury," was sent up for revision &c. and being read. Resolved, To nonconcur with the house in passing said bill into a law, & for the following reasons, viz. That as great inconveniences raight frequently arise to the Inhabitants, by shifting the jurisdictional lines of towns, when the subject has not been thoroughly deliberat'ed by all parties to be affected by it, it has not been the practice of the Legislature to annex any part of one Town to another, without the express consent of the Town, or sorae part of it, to which it is to be annexed; which is so far from being the case, in the present instance, that the Inhabitants of each town have actually remonstrated against it. Adjourned to 9 O'clock Toraorrow raorning. Thursday, November 6, 1806, 9 O'clock A. M. The Council met pursuant to adjournment. The following bills, passed in th'e house of Representatives were sent up for revision and concurrence or proposals of amendment- "An act relating to the duty of the Engrossing Clerk; An act laying a tax of four cents per acre on the town of Brownington;" and "An act appoint ing a Comraittee to lay out a road from Salisbury to West Rutland,'' and the sarae being severally read and considered. Resolved, To concur with the house in passing them, respectively, into Laws. A bill, passed in the house of Representatives, Entitled, "Au act in amendment of the acts now in force for regulating and governing the Militia," was sent up for revision &c. read, and Ordered, That It be referred to Gov. Brigham and M'- Wright. Gov. Brigham called up the resolution frora tbe house relative to the adjournment of both houses tomorrow morning at 10 O'clock, and the sarae being resd, it was Ordered, to lie on the table. The following raessage was received from the house— "In General Assembly Nov. 5, 1806— Resol ved to concur with the Governor and Council in their proposed amendment to a bill Entitled "An act granting to Sarauel B. Sheldon the exclusive right of buildino a Toll bridi^e across Missisquoi Riyer; A bill. Entitled "An act°to authenticate certain records of the town of Panton," and A bill Entitled "an act in addition to an act reducing into one the several acts for layino out, making, repairing and clearing Highways"— And the said bills have Governor and Council — Novemher 1806. 139 passed and become laws of this State. Extract from the Journals, Attest M, Post Clerk," The Committee, to whora was referred the two bills Entitled "An act in addition to and in explanation of an act Entitled an act regulating the offlce and duty of Sheriff, High Bailiff, their respective deputies, and Constables," reported sundry amendraents to be made to said bills, which report was accepted, and on motion Ordered, That said bills be re committed to the same Comraittee with Ihe addition of M'- Niles. A bill, passed in the house of Representatives, Enlitled " An act in addition to an act Entitled an act incorporating certain persons therein mentioned hy the name ofthe Centre Turnpike Company," was sent up for revision &c, read, and Ordered, That it be referred to M'- Keyes. The Committee, to whom was referred the bill Entitled "An acl grant ing a new trial in a certain cause therein mentioned," reported sundry amendments to be made therein, which were adopted, & then Resolved, To concur with the house in passing said bill into a law, with said pro posals of amendment, and M'- Keyes appointed to inform the house of the reasons of Council for proposing the same. A bill, passed in the house of Representatives, Entitled "An act ap pointing a- Committee to lay out a road from the South line of Burke to Canada line," was sent up for revision &c, read, & Ordered, That it be referred to M'- White, Adjourned untill 2 O'clock P. M. 2 O'clock P, M, — The resolution fbr the adjournment of the Legis lature was again read, and on motion Resolved, To nonconcur with the house therein, and M'- Witherell appointed to inform the house of the reasons of Council, The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of' amendment: "An act establishing the pitch of the Public lands in the towns of Windham and Londonderry; An act incorporating and establishing an Acaderay at Brandon," and "An act laying a tax of four cents per acre on the town of Fairfax," and the said bills being severally read and considered, Re solved, To concur with the house in passing them, respectively, into laws. The bill Entitled "An act to authorize the Proprietors and Landown ers of Norwich to establish the division of their lands," to which the Governor and Council had on the 5'" Int. made certain proposals of amendment, was returned from the house by M'- Buck, a meraber, with this order thereon—" In General Asserably Nov. 6, 1806. Resolved to nonconcur with the Governor and Council in their proposed araendraent to this bill, and that M'- Buck be a Coramittee to carry up this bill and assign the reasons ofthe house for their nonconcurrence. Att. M. Post Cler'k" — and M'- Buck, after assigning the reasons, withdrew; andthe said bill being again read, on raotion Resolved, To rescind frora the said amendments 'nonconcurred by the house, and to concur in passing said bill into a law, with further proposals of amendment. The Committee, to whom was referred the bill Entitled " An act ap- pointino^ a Committee to lay a road from the South line of Burke to Can ada lin^," reported sundry amendments to be raade to the sarae, which report vvas accepted, & then it -vyas Resolved, To concur wilh the house in passin" said bill into a Law, with said proposals of amendment, & Gove'- "Brigham appointed to inform the house of the reasons of Council for proposing the same, -r^ . , ^ .. a A bill passed in the house of Representatives, Entitled "An act in amendment of an act Entitled an act for the punishment of certain 140 Governor and Council — Novemher 1806, capital and other high crimes and misdemeanors," was sent up for revision &c, and being read. Ordered, That it be referred to M'- Loomis. A bill, passed in the house of Representatives, Entitled "An act establishing a State Bank,'' was sent up for revision &c. read, and Or dered, That it be referred to Gov. Brigham, M'- White & M'- Niles, The following message was received from the house — " In General Assembly Nov, 6'"- 1806. Resolved to concur with the Governor and Council in their proposed amendments lo the bill Entitled "An act in addition to an act regulating Town Meetings and the choice and duty of Town offlcers ; " A bill Entitled "Au act assessing a tax of five mills on each acre of land in the County of Caledonia, for file purpose of building a New Jail" &c. and A bill Entitled "an act granting to Daniel Hurlbut the right of building a Toll bridge across Onion River;" also Resolved to concur wilh the Goveruor and Council in passing a bill Entitled "Au act in addition to an act Entitled an act constituting the Supreme Court of Judicature, County Courts," &c. &c. — And the said bills have become laws of this State. Extract from the Journals, Attest Martin Post Clerk," Adjourned untill 9 O'clock Tomorrow morning. Friday, November 7'". 1806, 9 O'clock A. M, The Council met pursuant to adjournment. The bill Entitled "An act annexing a part ofthe Town of Hubbarton to the town of Sudbury," which the Governor and Council had noncon curred on the 5'" In', was returned from the house by M'- J, Warner, a Member, with this order thereon: " In General Assembly Nov. 7, 1806. Read and Resolved to repass this bill, and that the same be again sent to the Governor and Council for their revision &c. by a member, and M'- J. Warner appointed to carry up the same. Attest M. Post Clerk" —and M'- Warner, after assigning the said reasons, withdrew— and the same bill being again read, on motion Resolved, To rescind from the said vote of nonconcurrence, and to concur with the house in passini' said bill into a Law, " A bill, passed in the house of Representatives, Entitled "An act raa king provision fbr the payment of Grand and Petit .lurors," was sent up for revision &c, and being read. Ordered, That it be referred to Mess'- Fletcher & Witherell. The following message was received frora the house— "In General Assembly Nov, 6, 1806, On motion of M'- Olin, Resolved that the Com mittee to whora was referred several petitions for the incorporation of banks in this Slate be discharged from any further consideration of the sarae, and that the said petitions be dismissed. Extract from the Jour nals, Attest M, Post Clerk," The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment— "An act supplementary to an act Entitled Au act laying a tax of four cents per acre on the town of Ferrisburgh; An act authorising the Sheriff of-the County of Grand Isle to provide a Goal in said County; An act to repeal an act Entitled an act to establish the jurisdictional lines between the tovyns of Vershire and Corinth in the County of Orange; An act in ad dition to an act Eutit ed an act organising the County of Grand-Isle and l'^ i-H^ /"*" °* ''¦"^'^'°? ^^^ C°"''^^ therein; An act in addition to an act Entitled an act directing the mode of Election of Governor L'- Gov ernor, Treasurer of the State, Cmncillors and Representatives," and An act in amendment of an act Entitled an act constitutine house on] each and all of thera. An act laying a duty on bank bills imported into this State [was received from the house] with this order thereon,— "In General Assem bly Oct. 14* 1807. This bill was brought in by Mr. Herrington and referred to Mr. T. Plutchinson, D. Chipman and Olin to join a com mittee from the Council. Attest M. Post Clerk," Read and it was resolved to concur with the house in the above reference and his Hon, P. Brighara was appointed to join the above committee. An engrossed bill entitled "an act to confirm the name and doings of Thoraas Rice" was rec" from the house; and was read; and it was re solved to concur wiih the house in passing the same without amendment. The petition of Thonias KimbaU, praying for the remission and pardon of certain crimes of which he had been convicted and sentenced to be Governor and Council — Octoher 1807, 157 punished, was read and it was resolved that the part of the sentence which relates to corporal punishment should be remitted and also as it relates to the whole tirae of his imprisonment. Adjourned to 9 OClock to morrow morning. October 15"' 1807, The Council opened according to adjournment. The petition of Daniel Janes, praying that the Secretary may alter a mistake of record in which his name is written Jones, was read aud postponed till afternoon this day. The petition of Otis White, praying for an act of suspension, was rec" from the house with this order: "In General Assembly Oct. 14* 1807, resolved that it be referred to the joint committee of suspension," and read and it was resolved to concur in the reference. The petition of Beniah Woodward was called up and on raotion it was unanimously resolved to dismiss the petition. The Hon, Jonas Galusha resigned his seat in the Council upon -iiis being appointed one ofthe Judges ofthe Supreme Court, The Honorable Royall Tyler Esqr as Chief Judge, and the Honorable Theophilus Harrington and Jonas Galusha Esquires as Side Judges of the Supreme Court of Judicature and Court of Chancery of the State of Verraont, appeared in Council and their respective Oaths of Office were administered to them by his Hon, Lieut. Governor Paul Brigham Esq'- The petition of [Asa] Farnum and others, praying for tbe amendment of their certain declaration [in a pending suit,] was received from the house with an order [for a comraittee] to join a committee from the Council, [which] was read and it was resolved to concur and Mr. Spooner on the part ofthe Council was appointed. Adjourn'd to 2 OClock afternoon. 2 OClock P. M. — Council raet as by adjournment. An engrossed bill was rec" from the house entitled "an act altering the narae of Caleb Hogg to Ihat of Caleb Hall," and it was read and resolved to concur with the house and that the same become a law. The petition of George Downer for the pardon of certain crimes was read and ordered to lie. The petition of Daniel Janes was called up and on motion, resolved that it lie. The petition of Eliakim Spooner was rec" from the house with this order thereon: " Read and resolved that it be referred to the joint com mittee of Claims. Attest M. Post Clerk." Read and resolved to con cur with the house in the above reference. Received from the house these Petitions, of Isaac Farr and William S. M"Leod, with this order on each; "In General Assembly Oct. 15* 1807, read and referred to the joint conimittee of Suspension. Attest M, Post Clerk." They were each of them read; and it was resolved that the Council concur with the above reference. Rec" from the house the petition of Philip Smith and others with this order thereon, " In General Assembly Oct. 15* 1807, read and referred to the Joint committee of claims. Attest M. Post Clerk." Read and resolved to concur in the above resolution and reference. The petition of sundry inhabitants of Chittenden County praying for the [a] branch of Vermont State Bank [was received from the house] with this Order thereon; "In General Assembly Oct 15* 1807, read and referred to [Messrs.] Rising, Dennison, N. Chipraan, Olds, French and T, Allen *o join Committee from Council. Attest M. Post Clerk." 158 Governor and Council — October 1807. Read and resolved to concur with the house in the above reference and that Mess. Butler and Shaw join. Received three other petitions from the house for banks [branches of the State Bank;] one from Rutland, one from Orleans and Essex &c, & one from Windham Counties, with orders from the house to be referred to the last mentioned joint committee, and were read and on raotion it was resolved to concur in the reference, Messrs Butler and Shaw being the members on the part of Council to join, Adj" to 9 OClock to morrow morning. Woodstock October 16* 1807. The Council met pursuant to adjournment. The petition of Joshua Woodward, praying to be released from im prisonment to which he had been Sentenced by the Supreme Court of this State for passing Counterfeited bills, was rec" and on motion post poned 'till the petitioner's and the State's Attornies were called. The petition of George Downer was called for; and on raotion was disraissed. The petition of Robert Blood, praying for a new trial, was rec" from the house with this order thereon; "In General Assembly Oct, 16"" 1807, Read and referred to the Joint Committee of New trials. Attest M, Post Clerk," Read and resolved to concur in the above reference. The petition of Timothy Brown, praying for indemnification for cer tain losses, was received from the house with this order thereon: "In General Assembly Oct, 16'" 1807, Read and referred to Messrs, Spencer, P. Smith & C. Roberts to join Coraraittee from Council, Attest M, Post Clerk." Read and resolved to concur with the house in the above reference and that Mr. Keyes join. On motion Messrs. Chittenden and Loomis were appointed to supply the place of Mr. Galusha in the Committees on the Governor's speech relating to crimes and punishments and State Prison. Adj'd to 2 OClock P, M. The Council met pursuant to adjournment. A bill entitled "an act to revive an act for laying a tax of three cents per acre on the lands of Wolcott" was received from the house engrossed, was read and referred to Mr. Niles to report information. Received from tbe house the petition of the Inhabitants of Franklin County, praying for a branch ofthe Vermont State bank, with this order thereon: "In General Assembly Oct. 16'" 1807, read and referred to the joint Committee [on the petition] of George Robinson and others. At test M. Post Clerk." [Read and it was resolved to concur in the above reference.] The petition of Joshua Woodward was called up, the attornies Messrs Chase and Buck appearing, and afier debate and on motion it was dis missed. The petition of the Inhabitants of Windsor, praying for a Bank, was received fromthe house with this order thereon; "In General Assem bly read and referred to the joint conimittee on banks." Read and it was resolved to concur with the house in the above reference. Adjourned to 9 OClock to Morrow Morning, Saturday Oct. 17*" 1807. The Council met pursuant to adjournment. The Governor and Council proceeded to prayers in the representa tives' room and after they were finished they instantly went into joint Governor and Council — October 1807. 159 committee ofthe whole and then adjourned for one hour; the Governor and the Council returned to their Chamber and proceeded to business. The following resolution was rec" from the house; "In General As sembly Oct. 16'" 1807, resolved that a Committee of three he appointed from this house to join a committee from the Council to inquire into the expediency of passing an act authorising the Supreme Court to issue a Citation to the Connecticut river turnpike Company to shew cause why the Grant of said turnpike road should not be vacated. Merabers chosen [Messrs.] Chase, Dennison and Olin. Extract frora the Journals At test M- Post Clerk." Read and resolved to concur with the house in the above resolution [reference] and that Mr. Wright be appointed to Join on the part of the Council. The petition ofthe Inhabitants of Addison County [for the incorpora tion of a cotton manufacturing company] was received frora the house with this order thereon; "In General Assembly Oct. 16'" 1807. read and referred to the joint committee [on the petition] of Samuel Horr and others. Attest M. Post Clerk." Read and resolved to concur with the house in the above reference. The Governor and Council met in the Representatives' roora in joint conimittee agreeable to adjournment and after making progress in the appointment of [county] officers which carae befbre them, adjourned untill next Wednesday morning at 10 OClock — And then adjourned; and the Governor and Council returned to their Chamber and then adjourned 'till 2 OClock in the afternoon. The Council met pursuant to adjournment. The petition of the president and directors of the Green Mountain Turnpike [Company] was rec" frora the house with this order thereon; '•In General Asserably Oct. 17* 1807, read and referred to Messrs. J. Fisk, Hinman, Dennison & Plunter to join a coraraittee from the Coun cil. Attest M. Post Clerk," Read and resolved to concur with the above reference and Mr Shepardson appointed [to] join said Comraittee, The petition of John Parker and others was received from the house with this order thereon; " In General Assembly read and referred to the Committee on the petition of the President and directors of the Green Mountain Turnpike Company, Attest M, Post Clk," Read and re solved to concur with the house in the above reference. The reraonstrances of the Inhabitants of Ludlow and others; of the inhabitants of Shrewsbury and others, with this order on each: "In General Asserably Oct. 17"' 1807, read and referred to the joint Commit tee on the petition ofthe president and directors of the Greenmountain Turnpike Corapany, Attest M. Post Clerk.'' Read and resolved to concur with the house in the above reference. Adjourned to 10 O'clock Monday Morning. Woodstock October 19* 1807, The Council raet pursuant to adjournment. There not being a quorum present, the Council adjourned to 2 OClock in the afternoon, 2 OClock P, M, — An engrossed bill was received frora the house en titled " an act laying a tax of two cents an acre on all the lands of Reads boro " (public lands except,) which was read and referred to Mr. Shep ardson to report information. An engrossed bill was received from the house entitled " an act incor- porating°the proprietors of Montpelier Aquaduct Company;" which was read and referred to Mr, Keyes to report information. 160 Governor and Council — Octoher 1807. An enorossed bill was rec" from the house entitled " an act remitting a sum of^money to the town of Williamstown;" [which] was read and ordered to lie for further consideration. An engrossed bill was rec" from the house entitled " an act laying a tax of tvvo cents on each acre of land in the town of Duxbury;" which was read and ordered to lie; and immediately it was called up and read, and it was resolved to concur with the house in said bill and that the same become a law, Rec" from the house an engrossed bill entitled " an act laying a tax of three cents pr. Acre on the land in the town of Moretown;" which was read and it was resolved to concur with the house in the above bill with the following amendment, to wit, after the word "¦collection" in the fourth line frlim the bottom, erase the " of" and insert the words " and accounting for"; and also thit Mr, Loomis be requested to inform the house of the reasons for that amendment. Adjourned to 9 O clock A, M, to Morrow Morning, October 20* 1807, The Council raet pursuant to adjournraent. Received from the house, au engrossed bill entitled an ''act to authorize the proprietors and landowners of the town of Burke to appropriate lands for the use of Roads," which was read and ordered to lie on the table; but was instantly called for and on motion it was resolved not to concur with the house in passing the same. Received from the house an engrossed bill eutitled "an act appointing Auditors to adjust the claims of the Counties of Franklin and Grand Isle,'' [which] was read and referred to Messrs Butler and Chittenden fbr information. Rec" from the house an engrossed bill entitled "an act granting tn Azariah Brooks the exclusive right of keeping a Ferry;" which was read and on motion it was Resolved to concur with the house in passing the bill. Received from the house an engrossed bill entitled an "act annexing a part of the town of Pomfret to the town of Sharon;" which was read and ordered to lie. Adjourned till 2 OClock afternoon. The Council met pursuant to adjournment, A petition from the inhabitants of Bennington County for a Branch ofthe Vermont State bank was received from the house with this order thereon; "In General Asserably Oct, 17'" 1807, read and referred to the joint committee on the several petitions for branches for the Vermont State Bank, Attest M. Post Clerk," Read and resolved to concur with the house iu the above reference. Four engrossed bills were received from the house of the following description ; one to "incorporate the proprietors of the MontpeUer Aquaduct Company;" one laying a tax of three cents on each acre of land in the town of Ludlow; one annexing a part of Pomfret to the tovpn of Sharon; one, "remitting a sum of money to the town of WiUiams town;" which were severally read and it was resolved to concur with the house in passing the same. The engrossed bill committed to Mr, Niles, entitled an act to'revive an act laying a tax on Wolcott, was called up, read and on motion it was resolved to concur with the house in passing the same. An engrossed bill was received from the house entitled "an act in amendment of and to repeal part of an act concerning Bills of Divorce, [which] was read and on motion ordered to lie on the table. Governor and Council — October 1807, 161 On motion, Mr Niles was appointed to assign the reasons of the Council in their non concurring with the house in an act entitled an act to authorize the proprietors of Burke to appropriate lands for the use of roads — But They were immediately rescinded as to Mr Niles being appointed to carry the reasons aforesaid to the house and Ordered that the Secretary carry the Same. An engrossed bill was received from the house entitled an act grant ing relief to Prince B. Hall which was read and ordered to lie on the table untill to morrow morning. An engrossed bill vvas received from the house entitled an "act appointing auditors to adjust the Claims ofthe Counties of Franklin and Grand Isle," which was read and it was resolved to concur with the house in the above bill and that the sarae becorae a law. An engrossed bill (that by Council had been referred to Mr Shepard son to report information) entitled an act laying a tax of two cents on each acre of land ofthe town of Readsborough, was read and it was re solved to concur with the house in passing the same. An engrossed bill was rec" from the house entitled au "act in amend ment of an act entitled an act constituting a Company of Artillery in the tovvn of Bakersfield," which was read and it was resolved to concur wilh the house in passing the same. Adjourned to 9 to morrow morning. Woodstock October 21"' 1807. The Council met pursuant to adjournment. The petition of Alexander McDonald [was received from the house] with this order thereon; " In General Assembly Oct. 21"' 1807, read and refer'd to the joint Committee of New trials. Attest M. Post Clerk." Read and it was resolved to concur with the house in the above refer ence. Received from the house a resolution appointing a coramittee from the house to join a committee from the Council to prepare au address to the President of the United States; and it was resolved to concur with the house in said resolution and that Mr. Niles be appointed to join. Received frora the house a resolution appointing a coramittee from the house to join the comraittee from the Council to enquire into the expediency of laying out &c. a road from the road on white River near Marsh's Mills in Bethel, to the road on a branch of Onion river and near the meetinghouse in Williamstown, and report &c. — the members chosen on the part of the house to join were Messrs Chase, Thompson and P, Sraith; which was read and it was resolved to concur with the house in the above reference— and that Mr. Fletcher join said Com mittee. The act granting relief to Prince B. Hall was called up and on motion it was ordered to lie. The Governor and Council, pursuant to adjournment, met the house in joint Comraittee in the Representatives' roora for the purpose of com pleating the appointment of County officers; and after progress adj" to next Friday at ten OClock in the forenoon. The bill entitled an "act granting relief to Prince B. Hall was called up and on motion it was resolved not to concur with the house in pass ing the same; and that Mr. Shaw carry the same to the house. Adjourned to 2 OClock in the afternoon. 2 O'CLOCK AFTERNOON, — The Council raet pursuant to adjournment. Received from the house the petition of Hezekiah Pierce, praying for 11 162 Governor and Council — Octoher 1807. an act of suspension of civil prosecutions against him for a term of years, with this order thereon: "In General Assembly Oct. 21" 1807, read and referred to the joint committee of suspension. Attest M, Post Clerk " — which was read and it was resolved to concur with the house in the above reference. An engrossed bill was received from the house entitled an "act laying a tax of two cents on each acre of land in the town of Troy;" which was read and on motion it was resolved to concur in passing the same and that it become a law. An engrossed bill was rec" from the house entitled an " act in amend ment of and to repeal part of an act concerning bills of Divorce,"' which was read and on motion, was resolved to concur with the house in pass ing the same and that it become a law. An engrossed bill was rec" from the house entitled an act authorizing the Selectmen of the town of Cabot to alter a part of the County Road leading from Danville Courthouse to Montpelier; which was read and on raotion it was resolved to concur with the house in passing the same. Received from the house an engrossed bill entitled an "act to extend the effect and operation of an act entitled an act laying a tax of two cents pr, acre on the town of Sunderland;" which was read and referred to Mr. Wheelock to report information. Received the following resolution from the house; " In General As sembly Oct. 21"' 1807, Resolved that the house do concur with the Gov ernor and Council in their arnendment to an act entitled an "act laying a tax of three cents pr. acre on the town of Moretown;" and that the same become a Law. Extract from the Journals Attest M. Post Clerk." Rec" from the house an engrossed bill entitled ''an act to repeal a cer tain act and parts of an act therein mentioned relating to the support of the Gospel;" which was read; the Yeas and Nays were called for; and the Council proceeded to the debate on the question, •' Shall we concur with the house in passing the bill ? " when it was ordered to lie on the table 'till to morrow morning. And then on motion the Council was adjourned 'till to morrow morning at 9 OClock, 9 OClock Oct, 22"" 1807. The Council met pursuant to adjournment, Mr, Wright was excused from serving on committee on account of ill health and Mr, Shaw be [was] appointed to serve on the same and sup ply his place. The bill entitled an " act laying a tax of one cent per acre in the town of Duncansboro" [Newport,] which hadbeen referred to Mr Spooner, was called up and on motion to amend the Bill in a certain part, it was decided in the negative— and on motion it was resolved to non-concur with the house in passing the same and that Mr, Chittenden inform tbe house of the reasons why the Council do not concur. The bill entitled " an act to repeal a certain act and parts of an act therein mentioned relating to the support of the Gosjiel " was again called up and after debate, the Council adjourned to 2 OClock in [the] ailernoon, 2 OClock afternoon— The last mentioned bill was called up and on [after] debate the Council was adjourned till 9 OClock to morrow morning. Governor and Council — October 1807. 163 Oct, 23" 9 OClock in the forenoon. The Council met pursuant to adjournment, Mr Wheelock made report on the bill entitled an "Act to extend the effect and operation of an aet entitled an act laying a tax of two cents pr acre on the town of Sunderland," which was readand bn motion it was resolved to concur with the house in passing the same. An engrossed bill was rec" from the house entitled " an act laying a tax on the County of Franklin," which was read and it was resolved to concur with the house in passing the same. Received from the house an engrossed bill entitled " an act empower ing the proprietors and land owners of Westford to confirm their former proceedings," which was read and on motion it was resolved to refer the same to Gov, Brighara and Messrs Butler and Chittenden to report in forraation. The Governor and Council met in the Representatives' room in joint committee pursuant to adjournment for the purpose of compleating the County nominations and after making progress in the same the Commit tee was adjourned 'till P''riday next at Ten OClock in the forenoon. Received from the house tJie " report of the Directors of the Vermont State Bank," with this order thereon ; read and referr'd to Messrs Chase, Rich, Meach, Cameron & Luce to join a Committee [from Council] to report such bill or bills as raay be thought necessary; which was read and it was resolved to concur in said reference and that Messrs Niles and Keyes be appointed to join. Received from the house the following bill entitled "an act authoriz ing Collectors to receive bills ofthe Vermont State Bank in payment of taxes" with this order — "In General Assembly Oct, 22"" 1807, the reso lution was bro't in by Mr, Harrington and referred to the joint comrait tee on the report of the Directors of the Verraont State Bank, Attest M. Post Clerk" — which was read and it was resolved to concur with the house in the above reference. The bill relating to the support of the Gospel was called up and after debate it was ordered to lie on the table — And on the motion for adj' the Council adjourned 'till 2 OClock in the afternoon, [2 OCLOCK P, M,] Received from the house a resolution [bill] entitled "an act directing the Treasurer to pay Thoraas Tolman the sum therein mentioned," with this order thereon: "In General Assembly Oct 23" 1807, read and referred to Messrs N, Chipman, Bradley & Buck, to join Committee frora Council, Attest M, Post Clerk," Which was read and it was resolved to concur with the house in the above reference and that Mr Shaw be appointed. Received from the house an engrossed bill entitled "an act laying a tax of two cents per acre on the town of Stamford," which was read and on raotion it was ordered to lie on the table, Receiv'd from the House an engrossed bill entitled "an act in addition to an act entitled an act &c, regulating the proceedings of the County and Supreme Courts," which was read and on motion it was resolved to concur with the house in passing the sarae and that it become a Law, The bill relating to the support of the Gospel was called up and on raotion it was ordered to lie on the table and the Council adjourned to 9 OClock A. M, to morrow. Sat, Oct, 24* 1807, 9 OClock A, M, An enorossed bill was received from the house entitled "an act to provide for the compilation and printing of the laws of this State," 164 Governor and Council — October 1807, which was read and then Committed to his Excellency the Governor and Mr, Niles for examination. The bili relating to the "former proceeding of the town of Westford" was called up and on motion it was resolved to concur with the house in passing the same. The Bill relating to the support of the Gospel was called up and the "Yeas" and ''Nays" were taken on the following question, "Shall we concur with the house in passing the above mentioned bill?" and the following Members were in the affirmative Viz. Messrs Chittenden, Spooner, Keyes, Fletcher, Shepardson, Wright, Shaw and Butler, and the following in the negative. Gov. Brigham, Messrs Loorais, Wheelock and Niles, and therefore the Council Conciu-red with the house in passing the aforesaid Bill.' Ad'" to 2 OClock P. M. 2 OClock P. M.— A Bill entitled an "act directing the treasurer to pay Eliakim Spooner the sum therein mentioned" was read and ordered to lie. An engrossed bill was received from the house entitled "an act granting the right of Ferry lo Daniel Wilcox and Benjarain Bell for ten years," which was read and it vifas resolved to coucur with the house in passing the same. The Council adj" to 10 OClock Monday A, M, The Council met pursuant to adjournment on Monday 10 OClock A, M, Oct. 26* 1807. Received trom the house an engrossed bill entitled "an act laying a tax of three cents per acre on the town of Greensboro," which was read and it was resolved to concur with the house in passing the same. An engrossed bill entitled an "act laying a tax of two cents per acre on the town of Stamford," which was [called up,] read, and on niotiou it was resolved to concur w-ith the house in passing the same. The following engrossed bills were rec" from the house, 'Viz; One, "an act establishing an Academy in the town of Dorset," One, "an act in addition to an act entitled an act for the distribution of the laws and other public papers of this Slate " : One, an act granting to Elisha Bel ding the exclusive right of keeping a ferry"; One, " establisbing Man chester Turnpike Company" — One^ " Granting a T'erry to Henry Scotl"; one "Granting a new trial to William Slade"; which were severally read and it was resolved to concur with the house iu passing the same. An engrossed bill was received from the house " relating to the fraud ulent sales of Choses in action " which vvas read and referred to Messrs Butler, Shaw aud Niles. The engrossed bill "legalizing the marriage of Betsy Case" [was re ceived from the house,] which was read and ordered to lie. Two engrossed Bills were rec" frora the house, one called " an act to provide for the compilation and printing the laws of the State"— one called "an act granting a new trial to "Alexander M"Donald," which were each of them read and it was resol" to concur with the house in passing the same. Adjourned to 2 OClock P. M. 2 Oclock P. M. — The following engrossed bills were rec" from the. house— One, laying a lax of two cents per acre on the town of Sher- ' See Vol, I, pp, 400-402, The above repealing act was passed on the recommendation ofthe Council of Censors, Governor and Council — October 1807, 165 burne, which was read and ordered to lie,— Also a bill "granting to Nathan Niles a Ferry across Missisqui Bay," which was read and it was resolved to concur with the house in passing the same. The Petition of Daniel Janes was called up and ordered to lie on the table, , An engrossed bill was rec" from the house entitled an "act granting a New trial to Robert Blood," which was read and it was resolved to con cur with the house in passing the sarae. Received from the house a resolution appointing Wednesday next at 10 O'clock in A. M. the time for meeting in joint coramittee for the purpose of appointiug Brigadier Generals &c. which was read and on motion it was resolved to concur with the house in the same. Received frora the house "au engrossed bill" (which had been re turned from Council to the house non-concurred and now sent up again) "granting relief to Prince B. Plall," which was read and it was resolved to concur with the house in passing the same. The Bill legalizing the marriage of Betsey Case was called up and then the "Yeas" and ''Nays" were called fbr on this question, "Shall we concur with the house in passing this Bill'^" and the following mem bers of the Council were in tho affirmative Viz: Gov. Brigham, Messrs Keyes, Looniis, Fletcher, Wheelock, Shepardson, Spooner, Shaw and Butler; and Nays were Mr Niles — so it was decided in the affirmative and the bill passed. Received from the house an engrossed bill entitled "an act confirming the title of a Certain piece of Land to Benjamin Harrington," which was read and ordered to lie. The Bill relating to the sale of " Choses iu action " was called up and on debate ordered to lie on the table — and the Council adjourned to 9 OClock to morrow A, M. A, M, 9 O'clock Tuesday Oct, 27* 1807, The Council met pursuant lo adj'- The abovementioned bill was called up, read and resolved to concur with the house in passing the sarae, Rec" from the house an engrossed bill "laying a tax of two cents per acre on the town of Pitlsfleld" and ordered to lie. The following eng" Bills were received from the house Viz. one laying a tax of two cents per acre on the town [of] Topsham, one "laying a tax of two cents on the town of Kellyvale" [Lowell,] one " laying a tax of three cents [per acre] on the town of New Hunt ington;" One "laying a tax of three cents per acre on the town of Plainfield;" one "laying a tax of two cents per acre on the town of Enosburgh," which were severally read and it was resolved to concur with the house in passing the same. The petition of Daniel Janes was called up and he was allowed to bring in the following Resolution, Viz — "¦Whereas Daniel Janes has preferred his petition to his Excellency "the Governor and the Honorable Council, in which he states that he "was one of the Original proprietors of the town of Goshen and that in "the Charter of said town by mistake his name is written "Jones," "instead of "/ones" by the Secretary; and now he prays that the mistake "maybe rectified, and his name written as it originally should have been; "and whereas the said Daniel Janes has produced before His Excellency "the Governor and this Honorable Couucil the Original list of the pro- "prietors' names to whom the town afores" was Granted, which was 166 Governor and Council — October 1807, "drawn up and Certified by the former Land Committee, Samuel Safford "Esqr, for the purpose of being entered in said Charter, when made, and "also he has produced a copy of the Charter of said town of Goshen "which was certified by a forraer Secretary, and by him examined for "record, in both of which his name is written "Janes," Both of which "papers were found lodged in the Secretary of State's Office; Therefore, "Besolved, that in the Original Charter afores" and the record of the "same, the Secretary be directed to alter said name of "Jones" to that "of Janes" and that the said Daniel Janes shall enjoy all the rights and ''privileges as if no mistake had been made and his name had always "been written "Janes" instead of "Jones." Upon which, this Question was taken. Viz, "Shall we adopt this resolution, direct the Secretary to enter it at large on the Journals ofthe Council and also ou the Book of Charters?" and it passed in the affirmative and so the resolution was adopted. Adjourned to 2 OClock P, M. 2 OClock P, M. — The Council met pursuant to adjournment, Rec" from the house an engrossed Bill "laying a tax of three cents per acre on the town of Richfordi" which was read and it was res'd to concur with the house in passing the same with this amendment. Viz, "by striking out the Name, "Caleb Boys" and insert "Stephen Blazden.'" Rec" from the house tlie following engrossed Bills ; one "laying a tax on the town of Middlesex; and also to revive the same;" also one, entitled "an act to revive &c. an act laying a tax on Enosburgh Gore"— One entitled "an act in addition to an act &c. assessing a tax of five mills pr acre on [the] County of Caledonia;" which were severally read and it was resolved to concur with the house in passing the same. Received from the house the engrossed Bill "laying a tax of three cents per acre on the Town of Braintree '' ; which was read, and it was resolved to concur with the house in passing fhe same with the follow ing amendment — that after the words " of the tax" in the fifth line from the bottom of section second, read, "the Committee to expend one half the net proceeds of said tax on the roads leading from Braintree to Rochester and Kingston" [Granville.] The Bill relating to the sale of "Choses in Action " was called up and on motion it was resolved to concur with the house in passing the same. The petition of Isaiah Boynton' was rec'd from the House with the following order thereon: " In General Assembly Oct. 27'" 1807, read and referred to A. Smith, Davis, Butts & E. Smith to join Committee from Council. Attest M. Post Ck" — which was read and it was Resolved to concur with the House in the above reference and that Mr. Niles join. The Bill relating to a tax ou Sherburne was call'd up and again or dered to lie. An Engrossed Bill was rec" laying a tax of two cents five mills on the Town of St. Albans, which was read and ordered to lie, > The engrossed Bill "laying a tax of three cents per acre on the town of Montgomery" was rec" and read and ordered to lie. Adjourned 'till 9 OClock tomorrow A, M, Wednesday Oct, 28* 1807, 9 OClock A. M. The Council met pursuant to adjournment. The following engrossed bills were called up. One " laying a tax of three cents pr acre on the town called Montgomery" and "three cents ' Boyington in the Assembly Journal. Governor and Council — Octoher 1807. 167 on the place called Avery's Gore," which were read and it was Resolved to concur with the house in passing the Same. The Governor and Ceuncil met the house in jbint Committee in the Representatives' room pursuant to the concurrent resolution of both houses for the purpose of electing Brigadier Generals &c. and after making the same the Governor and Council returned to their Chamber.' The engrossed bill " laying a tax of two cents per acre on the Town of Winhall"; and on motion it was resolved to concur with the house in passing the same with the following amendment Viz. by erasing the words " tioo cents pr acre" and inserting " three cents pr acre." Rec" from the house the following engrossed Bills : one entitled "an act laying [a tax of] two cents per acre on the town of Duncansborough " [Newport;] and another entitled an " act laying a tax on the County of Grand Isle," which were read and it was resolved to Concur with the house in passing the Same, Rec" as before an engrossed Bill " Direct ing the Treasurer to pay the sum therein raentioned," which was read and on motion resolved to concur with the house in passing the same, Rec" from the house an engrossed bill '' laying a tax on the town of Sherburne," which was read and referred to Mr, Loomis, Rec" from the house an engrossed Bill entitled " an act authorizing the Judges of Franklin County to appoint a Committee for certain pur poses," which was read and on motion it was resolved to concur with the house in passing the sarae. Received from the house an engrossed Bill entitled " an act incorpo rating [annexing] Burke tongue so Called to the town of Hopkinville; and incorporating a town Called Kirby," which was read and it was re solved to concur with the house in passing the same. A Bill laying a tax of one and half cent per acre on the town of West- field, which was read and referred to Mr. Keyes. Rec" from the house an engrossed -Bill, entitled " an act to revive an act laying a tax of two cents per acre on Kelly's Grant N"- 2," which was read and referr" to Mr, Loomis, Rec" from the house an Engrossed bill entitled " an act laying a tax of three cents pr acre on the town of Lincoln," which was read and it was resolved to concur with the house in passing the same — Also, one, entitled " an act laying a tax of two cents pr acre on the town of Ca naan," which was read and it was Resolved to concur with the house in passing the same. Also, one, entitled an " act directing the treasurer to pay the sum therein mentioned," and was read and resolved to concur with the house in passing the same. Adjourned to 2 O'clock P, M, 2 OClock P, M, — The Council met pursuant to adjournment. The Bill referr'd to Mr, Loomis laying a tax of two cents per acre on Kelly's Grant N"- 2, the revival thereof, which was read and it was re solved to concur with the house in passing the same. The bill laying a tax of two cents pr acre on the town of Sherburn was read and it was resolved to concur with the house in passing the same. The Bill appointing " a Committee to lay out a road from the Court house iu Middlebury to the north line of Huntsburgh " [Franklin,] was read and refer'd to Messrs Niles, Chittenden and Butler, ' The following elections were raade : Caleb Hendee jr, and Hezekia'i Barnes, Brigadier Generals ; Joseph Beeman jr. Surveyor General ; Alexander Hutchinson Auditor of Accounts ; Thomas Leverett Auditor in the Treasury Department, 168 Governor and Council — October 1807, The following engrossed Bills were read; one " directing the Treas urer to pay Thomas Tolman Five hundred dollars," and one " in amend ment of an act incorporating the Passumpsick Turnpike Company," and it was resolved to concur in the same. Adjourned to 9 OClock tomorrow niorning. Oct, 29 Thursday 9 O'CIock A M, The Council raet pursuant to adjournraent. The Bill " laying a tax of one [and] half cent per acre on the town of Westfield;" which was read and it was resolved to concur with the house in passing the same with this araendraent: " instead of one and half cent " read " three cents." Received from the house an engrossed Bill, " laying a tax of three cents pr acfe on the town of Huntsburg " [Franklin,] which was read and it was resolved to concur with the house in passing the same. Received from the house an engrossed Bill entitled " an act to revive an act laying a tax of four cents pr acre on the town of Sheffield, granted Oct, 29'" A. D. 1806," which was read and on motion it was resolved to concur with the house in passing the same. Adj" to 2 OClock P. M. [2 OClock P. M.] Received from the house an engrossed Bill which related to the Northern Turnpike Company; which was read aud on motion resolved to concur with the house in passing the same. Received frora the house an engrossed Bill, " authorizing the Select men of Georgia to deduct the certain sums therein mentioned from the list in said town for the year 1807," which was read and on motion it was resolved to "non-concur " with the house in passing the same; and that Mr. Niles inforra the House of the reasons, which were, first, that the Listers did their duty in twofolding, and 2"" that the selectmen had no right to interfere in their proceedings. The engrossed Bill, appointing a Comrailtee to lay out a road from Middlebury Court house to the North line of Huntsburgh," was refer red to Messrs Loomis and Chittenden. Adjourned to 9 OClock A. M. tomorrow. Friday Oct. 30* 1807, 9 OClock A. M. Bee" from the house an engrossed Bill " entitled an act laying a tax of two cents pr acre on the town of Worcester;" which was read and it was resolved to concur with the house in passing the same. Received from the house an engrossed Bill entitled "an act directing the alteration of the County Roads leading from the South line of Wheelock," which was read and it was Resolved to concur with the house in passing the same into a law. Received from the house an engrossed Bill entitled "an act laying a tax of two cents per acre on the town of Hardwicke," which was read and on motion it was resolved to concur with the house in passing the same into a law. The Governor and Council proceeded to the representatives' room and met the Representatives in joint Coramittee for the purpose of Com pleating the County Nominations and after accomplishing the same the Governor and Council returned to their Chamber and proceeded to business. Governor and Council — October 1807, 169 Received from the General Assembly an engrossed Bill entitled "an act to appoint a committee to la-y out a road from the Court house in Middlebury in the County of Addison to the north line of Huntsburgh," which was read and on motion it was Resolved to non-con(!ur with the house in passing the same and that Mr Butler acquaint the house of As sembly of the reasons — which were, 1"' Because the road would termi nate in an uninhabited country which frora the swamps and morasses would never become settled, 2"" It did not appear that the towns as such had ever been consulted and it still was uncertain whether they would approve of the same; and 3" It appears to the Governor and Council that all the towns South of Onion River would be unwilling to pay the expenses ofthe Coramittee to lav out the road. Adjourned to 2 OClock P. M, 2 OClock P, M. — The Council raet pursuant to adjournment. Received from the General Assembly the following resolution, Viz: " In General Assembly Oct. 30'" 1807, Resolved that a Coraraittee from the Council be requested to join a Committee from the house called the 'Turnpike Committee [consisting] of Messrs Harrington, G. Sloue and Lovett in consideration of all petitions on .Turnpikes novv before the said Comraittee. Extract frora the Journals Attest M. Post Clerk." Which was read and it was resolved to concur wilh the house in the above resolutiou and that Mr. Shepardson be appoinled to join said Coramittee, from Council. Adjourned to 9 OClock in the forenoon to morrow morning. Saturday Oct. 31"' 1807, 9 OClock A. M. The Council met pursuant to adjournraent. Received frora the house the following coramunication. Viz: " In Gen eral Assembly Oct, 30'" A, D. 1807, Resolved to concur in the araend ments of the following Bills with the Governor and Council — Viz. in a Bill entitled " an act laying a tax of two cents pr acre in the tovvn of Winhall " — also in a Bill entitled " an act layino a tax of three cents pr acre on the town of Richford " — and also in a Bill entitled " an act lay ing a tax of one and half cent pr acre on the town of Westfield," Ex tract frora the Journals, Attest M, Post Clerk," Received frora the house the engrossed Bill, entitled " an act laying a tax of three cents per acre on the town of Braintree " (which had been sent down to the house with proposals of certain anieudments and was returned from the house nonconcurred,) which was read and it was resolved to concur with the house in passing the same into a law with the following amendment in addition to the former amendment Viz. in the last line of said proposed amendment after the word "Kingston," insert the word " Roxbury." Received from the house the engrossed bill laying a tax of two cents pr acre on the town of Pittsfield, and it was resolved to nonconcur wilh the house in the same and that Mr. Keyes be appointed to inform the house of the reasons, which were: 1"' Because the inhabitants of said town have been frequently taxed and the roads are in tolerable good repair — 2"" Because there is now raaking a Turnpike road thro' said town which will destroy the necessity of immediate assistance in re pairing roads. The engrossed Bill, was received frora the house ,of Assembly, enti tled an act appointing a Committee to lay out a road from Lake Mem phremagog to the South line of Elmore, which was read and it was re- 170 Governor and Council — Novemher 1807. solved to nonconcur with the house in passing the same, and that Mr, Butler assign the reasons to the General Assembly, which were— 1" Because it did not appear to the Governor and Council that the Inhab itants in those towns through which the road was to have been laid had ever been consulted on the subject — 2"" Because it does not appear that the road would he of any public or private benefit (from the evidence adduced) or that with any propriety be laid. Received from the house an engrossed Bill entitled an act "Suspendiug civil suits against Phinehas Slayton," which was read and on motion it was resolved to concur with the house in passing the same into a law with the following amendment; namely in the second Section, and second line, after the Word "Actions" add the word "hereafter;" and at the end ofthe said second section insert these words: "and all actions as aforesaid which are now depending against the said Phineas shall be continued for the term aforesaid witiiout cost of either party" — and also in the 4'" section and 4'" line from the bottom after the words "given Bonds" read, ''to the amount of the whole of his property," and after the word "Vershire" in the third line in said Section read "in trust for his creditors". — and that Mr Wright inform the house of the reasons— Which were that the act would operate more for the beneflt of his Creditors and the town not he endangered with -his becoming a Charge to the Inhabitants, Adjourned to 2 Oclock in the afternoon. 2 OClock P, M, — The Council met pursuant to adjournment. , Received from the house an engrossed bill entitled an "act extending the time for recording certain advertisements and other proceedings in the town Clerks offlce in the Town of Philadelphia [Chittenden in part] which was read and it was resolved to concur with the house in passing the same with the following amendraents: Viz. in the eighth line from the top strike out the words "together with the whole of the proceedings required to be recorded in said office hy the aforesaid aet passed in the year 1799;" and in the 11'" line erase the words, "and other proceedings of said Collector required in the aforesaid act," and insert the words, "together wiih a list of all the unredeemed lands required by an act passed in the year 1799." The Bill entitled an " act appointing a committee to lay out a County road from the south end of Lake Memphremagog thro' the County of Orleans," which was nonconcurred by the Council was sent down to the house with the reasons and was again sent up to the Council by Mr Olds, member ofthe house, with the reasons ofthe house for so doing. Adjourned to 10 OClock next Monday Morning. • Monday Nov, 2''" 1807, 10 Clock A, M, The Council met pursuant to adjournment, Rec" from the General Assembly the following communication. Viz, "In General Assembly Oct 31"' 1807, Resolved to concur with the Gov ernor and Council in their proposed amendment to the bill entitled an act laying a tax of three cents pr acre on the town of Braintree; andthe same has become a law. Extract from the Journals Attest Martin Post Clerk," Received from the house an engrossed Bill entitled " an act in addi tion to an act appointing a Committee to lay out a County road through the County of Orleans," which was read and on motion resolved to non- C(mcur with the house in passing the same and that Mr Loomis be ap pointed to inform the house of the reasons. Governor and Council — Novemher 1807, 171 The Bill entitled "an act appointing a Coraraittee to lay out a County road from the south end of Lake Memphremagog to th'e south line of Elmore," which was read and on motion referred to Messrs Butler and Loomis for revision and amendment. The Vote taken on the Bill "extending the time for recording certain advertiseraents and other proceedings in the town Clerk's Offlce in the town of Philadelphia," which [was] read and on raotion was Resolved to be rescinded; and also was the Vote taken on the proposed amendment; and likewise the Bill, now restored to its original State, was ordered to lie on the table. Received from the house an engrossed Bill, entitled "an act in addi tion to an act appointing a Committee to lay out a road," which was read and referred to Messrs Loomis and Shaw. Received from the house an engrossed Bill entitled an act author izing the judges of Rutland County Court to purchase a certain piece of land therein mentioned, and if was Resolved to concur with the house in passing the same. Received from the house an engrossed Bill entitled -' an act concern ing loans in foreign Bills," which was read and it was ordered to lie on the table. Received from the house au engrossed Bill entitled " an act Granting a Turnpike road bythe name ofthe Chelsea Turnpike Company," which was read and ordered to lie on the Table, Adjourned to two OClock afternoon. 2 OClock afternoon. — The Council met pursuant to adjournment. The Engrossed Bill entitled " an act Granting a Turnpike road by the Name ofthe Chelsea Turnpike Company " was called up ai}d on motion Referred to Gov, Brigham, Messrs Niles and Wright. The engrossed Bill entitled " an act extending the time for recording certain advertisements and proceedings in the town Clerk's Offlce in tbe town of Philadelphia " was called up, read and ordered to lie on the Table, Received from the house of Assembly the following comraunication Viz. " In General Assembly Nov. 2"" 1807, Resolved to concur with the Governor and Council in their araendraent to an act entitled an act to suspend civil suits against Phinehas Slayton and the sarae has becorae a Law. Attest Mart"in Post Clerk." The following resolution was received frora the House, Viz. "In Gen eral Assembly November 2"" 1807, Resolved that the Treasurer of this State be directed to pay Samuel Jones the sum of thirty two dollars, be ing his account against this State for his apprehending &c. counterfeit ers. Introduced by Mr. Hotchkiss, read and referred to the joint com mittee of Claims, Extract from the Journals— Attest M, Post Clerk," which was read and it was Resolved to concur with the house in the above reference. Adjourned to 9 OClock to morrow Morning, Woodstock November 3" 1807, Received from the house an engrossed Bill entitled "an act laying a tax, of Six cents pr acre on Harris Gore," which was read and it was Resolved to concur with the house in passing the same. The Petition of Elisha Smith and others was received frora the house recommitted and ordered the Comraittee thereon appointed to join Com mittee from the Council, which was read and it was Resolved to concur 172 Governor and Council — November 1807. with the house in the reference and that Mr Wright join said Coramittee from the Council. Received from the house the engrossed Bill entitled "an act in addi tion to an act organizing the County of Grand Isle and fixing the time of holding courts &c." which was read aud it was resolved to concur with the house in passing the same. Received from the house the followiug engrossed Bill entitled "an act in addition to an act establishing a Stale Bank." which was read and the following amendments were proposed; Viz. — in the first Section afler the words "in the County of Rutland" insert the words "and Bennington in the County of Bennington," and instead of the words "four additional Branches" insert "five additional Branches," instead of "Eighteen direc tors" insert "twenty one," and after the last word in Sec. 3" strike out the whole of the following proviso. Referred to Messrs Niles, Shaw & Gov. Brigham. Rec" frora the house an engrossed bill entitled "an act providing for the Building a Stale prison," which was read and it was resolved to con cur with the House in passing the Same. Rec" from the house the following bill relating to the proprietors of Essex, vvhich was read and referred to Mr Wright. The engrossed Bill referred to Mr Loorais, entitled "an act in addition to an act entitled an act appointing a Comraittee to lay out a road from Derby to Guildhall passed November 8'" 1807" was called up aud it was resolved to concur with the house in passing [the same with] the following amendraents; Viz. in Section second in line the 5* from the word "Compleated," erase the remainder of the section — and from the word "pass'' in the 4"' line of Sec. 3" erase out these words, "whether ihe taxes are now laid or hereafter to be laid." Adjourned to 2 OClock in the Afternoon. 2 OClock P. M. — The Petition of General Jonathan Spafford was rec" frora the house with an order of recommitment and referred to the joint Comraittee of Suspension — which was read and it was Resolved to concur with the house in said reference. Received from the house an engrossed Bill "laying a tax of Seven Mills pr acre on the County of Essex" — which was read and it was resolved to nonconcur with t'lie house in i)assing the same and that Mr Loorais be appoinled to inforra the house ofthe reasons. The Engrossed Bill entitled "an act in addition to an act establishing a State Bank," was called up and read and it was resolved to concur with the house iu passing tbe same with the forementioned amendments. Messrs Blodget and Saxe appeared from the house in Council and pelitioned the Gov. & Council lo propose an amendment to the bill relating to the State Bank and thai St. Albans might be included. Rec" frora the house an engrossed bill entitled "an act in addition lo an act, and alteration thereof, entitled an act for the purpose of Regu lating the suits respecting landed property and directing the mode of proceedings therein," which was read and it was Resolved to concur with the house in passing the sarae. Received frora the house an engrossed Bill entitled "an act directing the Treasurer of the County of Orange to pay the sum therein men tioned," which was read and it was Resolved to concur with the house in passing the Same. Mr C. Rich appeared in Council and returned the bill entitled "an act in addition to an act establishing a State Bank," which had been sent down from Council with proposal of amendment with this order thereon; "In General Assembly Nov. 3" 1807, read and resolved to con- Governor and Council — November 1807. 173 cur with the Governor and Council in their flrst amendments to this Bill — Also resolved to nonconcur with the Governor 'and Council in the amendment striking out the providing Clause, and that Mr Rich return the ]?ill to the Governor and Council and assign the reasons for the sarae. Attest Martin Post Clerk," Resolved to "rescind frora the last pro posed amendment to the last raentioned bill relating to "the State Bank," which was " to strike out the providing clause." Adjourned to 9 O'CIock to Morrow Morning. November 4* 1807, 9 O'CIock A. M. The Council raet pursuant to adjournment. Received from the house an engrossed Bill entitled "an act laying a tax of one cent on the dollar on the General list," [state tax,] which was readand Resolved to concur wilh the house in passing the same. The engrossed Bill enlitled " an act directing the Treasurer of this State to pay Eliakira Spooner the sum therein raentioned" vvas read and resolved to concur willi the house in passing the sarae with the follow ing amendment 'Viz. in the Sec. 1"' in third line from Bottom erase the word "five" and insert " Seven." Voted to rescind the vote laken to rescind from the last proposal of araendraent to the Bill relating to the Stale Bank. The following resolution was introduced by Mr. Niles — Resolved, the General Assembly concurring herein, that the two houses meet in the representatives' il.jom for the purpose of conferring on the disa.greeing votes of the two houses on the proposed amendment of " Striking out the proviso to the bill enlitled an act in addition to an act establishing a State Bank." Ordered that the Secretary carry the Same to the house. Received from the house an engrossed Bill entitled '- an act in addi tion to an act directing the appointment of Turnpike inspectors and reg ulating their offlce and duty," which was read and it vvas resolved to concur with the house in passing fhe Sarae wilh this aniendnient. Viz, " by Striking out the whole of Section third " — and also Resolved, that Mt. Butler wait on the house and assign the reasons. The Bill referred to Mr. Loorais enlitled " au act in explanation of and amendment to an act entitled an act to enable the proprietors ofthe Town of Essex to divide their lands into severalty, passed Feby- 4'" 1804," vvas read and it was passed and sent to the- General Assembly for concurrence. Adjourned to 2 OClock P. M. 2 OClock P. M.— The Council raet pursuant to adjournraent. The resolution sent down to the house appointing 3 OClock this after noon to meet in joint committee for the purpose of conferring on disa greeing votes of both houses on a certain proposed araendraent to the bill relating to the Slate Bank was returned by the house concurred. The Bill entitled an " act laying a tax of two cents pr acre ou the town of Pitlsfleld," which had been sent down to the house nonconcur red, was returned from the house for concurrence, and Mr. Eddy aji- peared in Council from the house to assign the reasons. Received from the house an engrossed Bill entitled "an act in addition to an act entitled an act appointing State's Attornies and regulating their duty," which was read and it was Besolved to concur wilh the house in passing the same. The above resolulion rescinded and the last mentioned Bill referred to Messrs Loomis & Gov. Brighara. The Governor and Council, pursuant to the concurrent resolution of both houses, proceeded to the representatives' room and met the house 174 Governor and Council — November 1807, in joint Committee for the purpose of Conferring on the disagreeing votes of both houses on the proposed amendment to the bill entitled "an act in addition of an act establishing a State Bank "-and after conferring on the same the Governor and Council returned to their Chamber,* Adjourned to 9 OClock to morrow Morning, Thursday November 6'" 9 OClock A. M, ' The Council raet pursuant to adjournment. Received from the house an engrossed Bill entitled "an act relating to the records of the town of Mou'rit-Holly,'" which was read and it was resolved to concur with the house in passing the same. Received from the house an engrossed bill entitled "an act to revive an act laying a tax of two cents per acre in the town of Westford," which was read and it was resolved to concur with the house in passing the same. Received from the house an engrossed Bill entitled "an act in ad dition to and amendment of an act entitled an act regulating and governing the Militia of this State," which was read and it was resolved to concur with the house iu passing the same. Received frora the house an engrossed Bill entitled "an act constitu ting and appointing a Company of Cadets in the Town of Dummerston," which was read and on raotion it was Resolved to non-concur with the house in passing the same. Received from the house an engrossed Bill entitled "an act constitu ting a company af Artillery in the town of Fairfleld," which was read audit was resolved to non-concur with the house in passing the Same. Received frora the house an engrossed Bill entitled "an acl granting relief to Ebenezer Markham," which was read and it was resolved to concur with the h(mse in passing the same. Received frora the house an engrossed Bill entitled "an act laying a tax of [one] cent per acre on the State of Vermont," [to build a state prison,] which was read and on motion it was Referred to Messrs Loorais and Niles. Received from the House the following communication — "In General Assembly Noveraber 5'" 1807. Resolved to concur with the Governor and Council in their proposed amendment to the bill entitled ''an act in addition to au act appointing a coramittee to lay out a County road from Derby to Guildhall" and the Bill has become a Law, Extract from the Journals Attest M. Post Clerk," Adjourned to 2 O'CIock P. M. 2 O'CLOCK P, M. — The Council met pursuant to adjournment. The Governor and Council raet the house in joint Committee in the Repre sentatives' room pursuant to the concurrent resolution of Both Houses, for the purpose of Selecting flve Commissioners to Superintend the building of the State Prison; and after compleating the same the Gov ernor and Council returned to their Chamber," * The joint committee concurred in the amendment of the Council. The house had nonconcurred by a majority of eleven, which niajority was overruled in joint committee by the votes of the Lieut, Governor and twelve Councillors, ''The Secretary ofthe Council failed to enter the joint resolution on the record, Ezra Butler, Samuel Shaw, John Cameron, Josiah Wright, and Elihu Luce were elected commissioners. Governor and Council — Novemher 1807. 175 Received from the House an engrossed Bill entitled " an act appoint ing a Committee for certain purposes therein mentioned," which was read and it was Resolved to concur with the house in passing the Same. Received from the House an engrossed Bill entitled " an act appftint- ing a Committee to lay out a Road from Stanley's Mills in Greensboro' to Montpelier," was read and on motion it was resolved to concur with the House in passing the Same. On raotion, it was resolved to rescind from the last mentioned concur rence and that the Bill on which it was taken should be referred to Mr, Loomis, Received from the House an engrossed Bill entitled " an act directing the treasurer of this State to credit the town of Ryegate the sum therein mentioned," which was read and it was Resolved to concur with the house in passing the same. Received from the House an engrossed Bill entitled -' an act regulat ing the service of Writs," which was read and ordered to lie on the Table, Received from the house an engrossed Bill entitled " an act laying a tax of four cents pr. acre on the town of Newbury,'' which was read and it was Resolved to concur with the house in passing the same. The Bill entitled " an act regulating the Service of Writs " was called up and it was resolved to concur with the house in passing the Same with the following amendment. Viz. " Sec. 3" and it is hereby further enacted, that the Secretary of State be and is hereby directed to publish this Act in all the Newspapers printed in this State," The Bill, establishing a Turnpike Corporation by the Name of the Chelsea Turnpike Company," which had been referred to Mr, Loorais, was called up, read and it was Resolved to concur with the house in passing the same with the following amendments — Viz. in Sec. 4'". 11'" Line from the top after the word " wide " insert these words; " and as sess such damages as may accrue to any person or persons thro'' whose lands said road may be laid, which damages shall be paid by said Corpo ration," and at the end of said 4'" Sec. add the following proviso --"Pro vided nevertheless that if any person or persons shall be dissatisfied with such recompense or sums so assessed, he. She or they, may hy complaint apply to any Justice of the peace within the Same County, & the same pro cess may be had and in the same way as is provided by Law when persons are aggrieved when Selectmen in the several towns in this State lay out High ways in their respective towns." And further add to the end of the Bill one new Section, Viz, " Sec 15''''- And it is hereby further enacted that at the expiration of fifty years from and after the completion of said road the same shall revert to the State." Adjourned to 9 OClock to Morrow Morning. Friday Novem' 6* 1807, 9 OClock A, M. The Council met pursuant to adjournraent. Received from the House an engrossed Bill entitled "an act laying a tax of Seven Mills on the County of Essex" was again received from the house, which had been sent down non-concurred by the Council to the House; it was read aud on motion it was Resolved to concur with the house in passing the same. Received frora the house an engrossed Bill entitled "an act in altera tion of an act entitled an act appointing a Committee to lay eut a road from Danville Court-house tothe Court house in Guildhall in the County of Essex," which was read and referred to Mr Loomis. 176 Governor and Council -—November 1807. Received from the house an engrossed Bill entitled "an act relating to the appointing of Turnpike inspectors and regulating their offlce and duty," which liad been sent down to the house with proposals of amend- nieot, was now returned to the Governor and Council frora the House with their non-concurrence with said proposals of amendment, and Mr Hutchinson appeared iu Council to assign the reasons^ aud the Governor and Council rescinded from their proposed amendments and resolved to concur with the house in passing the same. The Bill entitled "an act directing the Treasurer to pay Eliakim Spooner the sum therein mentioned," which had been sent down to the house with proposals of amendment, was now returned from the House and the proposed araendraents vvere not concurred with and Mr Cham berlin appeared in Council and assigned the reasons for the nonconcur rence of the House — And it was Resolved to rescind frora the said proposals of araendraent and to concur with the house in passing the same. The engrossed Bill relating to "loans in foreign Bills" was now called up and it was resolved to concur with the house in passing the same. Received from the House an engrossed Bill entitled "an act appointing a committee to lay out a road from Stanly's Mills in Greensboro' to Montpelier," which was read and it was resolved to concur with the House iu passing the same with the following amendments — Viz.— in Sec. 2°" 2"" page 2"" Line from the top after the word "reasonabW' insert; "and such towns respectively are hereby made responsible for such damages occasioned by laying out said road as aforesaid" — "and if any person owning lands thro' which said road may be laid, shall think himself aggrieved by the appraisal of such damages by said Com mittee — or in case said Comraittee shall adjudge that no damages have accrued lo such person, in either case, the person so aggrieved may appeal from such appraisal to the next County Court in the Counly where the lands lie, aud said Court are hereby authorized to hear, try and determine said appeal and Issue execution accordingly — And if it shall be adjudged by said Court that said Committee have appraised sufficient damages, in that Case said Court shall award costs against the person so applying and issue execution thereon." The Bill enlitled "an act appointing a Committee to lay out a Counly Road frora the South end of Lake Meinphramagog to the south line of the town'of Ehuore" was brought forward by Mr. Loomis to whom it had been referred, and it was resolved to concur with the House -in passing the sarae with the following amendraents — Viz. — In 4'" Sec. 3* Line after the word "paid" erase the remainder of the Section, and insert the following words. Viz. — "By the several towns through which said road shall pass out of a Road tax which shall have been granted on any of those towns or out of the town treasury of such towns as the Selectmen in each town shall direct." Add also "Sec 5'"-' "Sec. 5"' And it is hereby further enacted, that said Committee shall assess to any land owner or owners through whose lands said road shall be laid as aforesaid his, her or their just daraages and make order on the Selectmen of each town for the payment thereof Provided nevertheless, that when there is allowance land adjoining said land owner and where the old road adjoining him shall have "become unnecessary in the opinion of the Selectmen of the Town, that then the Selectmen shall consider such allowance land or old Road as belonging to such land owners to be assessed by Such Committee at its just value" to compensate in whole or in part for such road laid out as aforesaid, and if such land owner shall be dissatisfied with the sura or sums so assessed by said Comraittee, or in case said Conimittee shall have adjudged no damages have accrued to Governor and Council — Novemher 1807, 177 such person, in either case, the person so aggrieved may appeal from such appraisal to the next County Court in the County where such land may He, and Said Court are hereby authorized to hear, try and determine finally said appeal and Issue Execution accordingly; and if it shall be adjudged by said Court that said Committee have appraised sufficient damages, in that case the said Court shall award costs against the person so appealing and issue execution thereon." And also Resolved that Mr Loomis wait on the house and assign the Reasons, Adjourned to 2 OClock Afternoon, 2 OClock P, M. — The Council met pursuant to adjournment. Received from the House the engrossed Bill entitled "an act consti tuting a Company of Cadets in the town of Dummerston," which had been sent down to the house nonconcurred and now returned to the Governor and Council fir concurrence and Mr Duncan appeared in Council and assigned the reasons ofthe House.-' Received from the House an engrossed Bill entitled "an act freeing fte Body of Gen. .Jonathan Spafford from, arrest for the term of three Years, ' which was read and it was resolved to concur with the house in passing the same. Received from the House the following communication—" In General Assembly Nov. 6* 1807, Resolved to concur with the Governor and Council in their proposed amendment to the Bill entitled " an act reou- latmg the service of Writs." And the same has become a Law. Attest Martin Post Clerk." Received a resolution from the House appointing Coramittee from the House to join Committee from the Council for the purpose of Distrib uting the Election Sermons and the Proclamations for a public Thanks giving; which was read and it was Resolved to concur with the House in the same and that Mr. Wright join from the Council with Mr. Shep ardson. The address to the President of the United States was received from the House for the concurrence of the Governor and Council, which was read and it was resolved to concur with the House in passing the same." The resolutions of the House in relation to the amendment of the Constitution of the United States were received from the House, and it was Resolved to concur with the house in the sarae with the following araendraents Viz. in the Preamble from the word "functions" in the 6* line from the top, erase the whole of the paragraph and insert these words Viz. " for any other cause than such as may remove them upon impeachment," and in 7* line from the Bottom after the word " cases " erase the words " will continually " and insert the word "may," and that Mr. Niles inform the house of the reasons.' Received from the House an engrossed Bill entitled " an act relating to the division ofthe Lands of Reading," which was read and referred to Messrs Niles, Chittenden and Gov. Brigham. Adjourned to 9 O'CIock to morrow morning. Saturday Nover. 7th 9 OClock A. M. Rec" from the House an engrossed Bill relating to the Division of Lands in the town of Navy [Charleston,] which was read and referred to Mr. Niles & Gov. Brigham. ' Probably the bill was laid on the table, as it came up subsequently. * See Appendix F. ° See Appendix B. 12 178 Governor and Council — November 1807. Mr. Shaw asked leave of Absence and was excused the remainder of the Session. Rec" from the House an engrossed bill entitled an " act constituflng a Company of Artillery in the town of Fairfax," which was read and it was resolved to concur with the House in passing the Sarae with the following amendment Viz — at the end of the Bill add " and the said Company when organized as aforesaid may from time to time as occa sion may require, enlist from exempts only to flll up and keep the said Company complete." — And Gov. Brigham was appointed to assign the reasons to the House. The Bill relating to the Company of "Cadets in town of Dummerston" was again rec" frora the House and it was Resolved to concur with the House in passing the sarae with the following amendments. Namely, after the word "first" in the Seventh line in the flrst Section insert the word "Volunteers," and erase the following words iminediately following Viz. "Republican" — "of Cadets," "and annexed to." And in the said flrst Sec tion in the last line erase the word '-independant" and insert the word " Volunteers." And after the word "aforesaid" in the thirteenth line of the third Section erase tothe word "and" in the third line from the Bottom. Add also to the last Section of said Bill the following proviso — Viz. " Provided nevertheless if any part of the said Seventh com pany shall not incline to enlist into said 'Volunteer Company created by this act, they .may be enacted [formed] into Such other Company as the Field offlcers of said first Regiment shall direct." Also after the word "Soldiers" in the third Section & 3" Line insert to the " Number of forty." And in Section third Eighth line, erase the words "of Cadets," and in the Seventh line of said Section after [erase] the words "of Ca dets" and insert the word " Volunteer." Rec" from the House an engrossed Bill entitled " an act in alteration of an act entitled an act appointing a Committee -to lay out a County Road from Court House in Danville [in the County of Caledonia to Guildhall] in the County of Essex," which was read and it was Resolved to concur with the House in passing the same, with the following amendments. Viz, In Section Second, 6'" line, after the word "same" insert the following— 'And assess such damages as may accrue to any person thro' whose iraproved lands the road may be laid which damages shall be paid by such town— and said C;onimittee are authorized to set over to such person any allowance land or old road adjoining his Lands which shall be rendered useless at its true value in whole or in part for such daraages as said Committee shall judge just and reasonable. Provided nevertheless that if any person shall feel himself aggrieved by such assess ment or [in] case no damages are adjudged, in either case the person so aggrieved may apply to some justice ofthe peace within the same County and the same proceedings in all things shall be had as is provided by law in cases of persons being aggrieved when selectmen lay out or alter Highways in their respective towns." Rec" from the House the Bill " incorporating certain persons by the name of the Middlebury Manufacturing Company," which was read and It was resolved to concur with the house in passing the same, Mr, Butler on leave introduced a Bill "relating to the Winooskie iurnpike Company;" which was read and it-was ordered to Lie on the table. Adjourned 'till 2 P. M, Governor and Council — Novemher 1807. 179 2 OClock, P, M, — The Council met pursuant to adjournment. The last mentioned Bill relating to the Winooskie Turnpike Company was called up, read, ordered to be ingrossed and sent to the General Asserably for their concurrence. The Bill entitled " an act in addition to and alteration of an act enti tled an act constituting the Supreme Court and County Courts and de fining their Powers and regulating Judicial proceedings," was read and it was Resolved to concur'with the House in passing the Same, Rec" from the House an engrossed Bill entitled " an act in addition to an act appointing State's Attornies;'' which was read and it was re solved to concur with the House in passing the same, Rec" from the House the following Resolution Viz. — "In General Assembly Nov, 7'" 1807, Resolved, the Governor and Council concur ring herein, that Both Houses meet in the representatives' room, [on Tuesday next at ten o'clock in the forenoon] for the purpose of adjourn ing the Legislature without day. Attest M. Post Clerk." Which was read and ordered to Lie. Rec" from the House an ingrossed Bill entitled "an act appointing Commissioners to set off the public Lands in Coventry and Coventry Gore," which was read and it was resolved to concur with the House in passing the Same. On leave being obtained. Gov, Brigham introduced a bill entitled "an act in addition to an act laying a tax of two cents pr acre on the town of Sherburne," which was read and passed, ordered to be engrossed and sent to the General Assembly for concurrence. Rec" from the House an engrossed Bill entitled an act appointing a Comraittee to lay out a road therein mentioned, which was read and it was resolved to concur with the house in passing the Sarae. Rec" from the House an engrossed Bill entitled "an act directing a Suit to be brought for the purpose of ascertaining the Validity of the Charter of Wheelock;" which was read and it was resolved to concur with the House in passing the Same. Adj" to 9 OClock Monday Morning. Monday, Nov. 9* 1807, 9 OClock A, M, The Council Met pursuant to adjournment. Mr Robinson [appeared] in the Council from the House, and returned the Bill relating to the Winooskie Turnpike Company with proposals of araendraent, which were read and it was resolved to concur with the House in passing [adopting] the same; The following Resolution was introduced on leave by Mr, Wheelock: Viz, Resolved that his excellency the Governor be and he hereby is requested to appoint the Second Wednesday of April Next to he observed as a day of general and public fasting and prayer thro' 'this State, [Read and adopted,] t /~i Rec" from the House the following communication. Viz, In Gen, Assembly Nov, 7'" 1807, Resolved to concur with the Gov, and Council in their proposed amendments to the following Bills Viz, A Bill entitled "an act appointing a Company of Artillery in the town of Fairfax"— A Bill entitled "an act appointing a comraittee to lay out a road from the south east end of Lake Meinphramagog thro' the County of Orleans to the South line of Elmore"— A Bill entitled "an act appointing a Com mittee to lay out a road from Stanley's Mills in Greensboro to Mont- 180 Governor and Council — November 1807. peiier"— A Bill "appointing a Corporation by the name of the Chelsea Corporation Turnpike"— and also A bill entitled "an act appointing a Company of Cadets in the town of Dummerston," Extracts from the Journals, Attest M, Post Clerk." , ,^ „, , , , . . Benjamin Swan Esquire, Treasurer of the State elect, appeared in Council and tendered a Bond for the penal sum declared by law, condi tioned that the said Benjamin Swan should faithfully execute the duties ofthe offlce of Treasurer ofthe State of Vermont for the year ensuing- Sio-ned by himself as principal, Arad Hunt, Charles Marsl) & Jesse williaras as Sureties ; which was read by the Secretary and it was resolved to accept ofthe sarae and immediately the Oaths of Office were administered to him by Governor Brigham, Rec" from the House an engrossed bill entitled "an act m addition to an act establishing a State Bank," which was read and it was Resol" to concur with the house in passing the same, A Resolution passed the Council appointing two OClock this after noon for Locating the new branches of the State Bank and also for choosino the Directors for said Bank for the Year ensuing [in joint committee of the two houses]— and Ordered that the Secretary carry the same to the House and request a concurrence. The Bill relating to the Division of Lands of Navy [Charleston] was called up and it was Resolved to concur with the house in passing the same with the following araendraents. Viz,— after the word "rights" in the preamble in the third line from the bottom erase the whole ofthe following part of the Bill and insert the following Section, Viz,— "Sec. 1"'- It is hereby enacted by the General Assembly of the State of Ver mont, that the proprietors of said Navy are fully authorized and em powered, at any future meeting legally warned and holden for that pur pose agreeably to the Statute Laws of this State regulating proprietors' meetings, to ratify and conflrm the Votes, Surveys and draft and other pro ceedings of their meeting holden at Providence in Rhode Island on the Seventh day of August in the Year of our Lord Christ one thousand Seven hundred and Ninety four; and that the Votes, Draft and other proceedings so made at Providence aforesaid, when ratifyed agreeably to the tenor of this Act, shall be considered as good and Valid to all intents and purposes in Law as if the same proceedings had been done agreeably to the Statute laws of this State enabling proprietors to di vide their Lands into Severalty," Adjourned to 2 OClock P, M, 2 OClock P, M, — The Council met pursuant to adjournment, Rec" from the House the following communication. Viz, — ''In Gen AsseraJ-. Nov, 9* 1807, Resolved to concur with the Governor and Council in their proposed amendment to the resolution proposing an amendment to the Constitution of the United States,' Extract from the Journals, Attest M, Post, Clerk," The Governor and Council agreeable to the concurrent Resolution of both houses met the House in joint Committee in the Representatives Room for the purpose of designating the places for the additional branches of the Vermont State Bank and also choosing the Directors ot said Bank for the Year ensuing; And after having compleated the same the Governor and Council returned to their Chamber," Adjourned to 6 OClock P, M, 'On the removal of judges of the United States Supreme Court for other than impeachable offenses. See Appendix B, "See Appendix D, Governor and Council — November 1807, 181 6 OClock P, M,— The Council Met pursuant to adjournment. The Bill laying a tax of one cent on each acre of Land in the State of Vermont for the purpose of defraying the expenses of building the State prison, was read and it was Resolved to concur with the house in passing the same with the following amendments. Viz, In Sec, 7'"- line 7'" after the words "per annum," insert "in hard money, or bills of the Vermont [Staie] Bank" and in the 11'" line of said Section insert the words "monies," "or bills ofthe Vermont State Bank," Received from the house the bill entitled an act directing the Treas urer ofthe State to pay the sura therein mentioned, which was read and it was Resolved to concur with the house in passing the same. Received from the House the bill entitled an act directing the treas urer of the State to pay the sums therein mentioned to Alexander Hutchinson, which was read and it was Resolved to concur with the House in passing the same. Received from the House the following communication — " In General Asserably Nov, 9'" 1807, Resolved to concur with the Governor and Council in their amendments to the bill entitled an act relating to the division of lands in Navy [Charleston;] and one relating to the laying out a County road from Danville Court House to the Court House in Guildhall in the County of Essex, Extract from the Journals, Attest M, Post Clerk," The Bill entitled an act reviving a land tax on Goshen Gores, Harris' Gore and Hopkinville [Kirby,] and Bradley vale [part of Burke] in the County of Caledonia referred to Gov, Brigham and Mr, Loomis, Rec" from the House a bill enlitled " an act for the relief of Benjamin Stoddart " [Stoddard,] which was read and it was Resolved to concur with the house in [passing] the same. Rec" from the House the bill entitled " an act in amendment of an act entitled an act relating to the proceedings against the trustees of con cealed and absconding Debtors," which was read and it was Resolved to concur with the House in passing the same, Rec" from the House a bill entitled " an act in addition to an act enti tled an act to authorize the Supreme Court to empower Guardians to sell the real estate of Wards;" which was read and referred to Messrs, Niles & Loomis. Rec" from the House the bill entitled " an act in addition to an act entitled an act constituting the Supreme Court of Judicature," which was read in Council and it was Resolved to concur with the House in passing the same. Rec"^ from the House the bill entitled " an act annexing the Counties of Orleans and Essex to the County of Caledonia for certain purposes," which was read aud it was Resolved to concur with the House in pass ing the same. The Bill relating to the organization of bands of Military Musicians in the several regiments of Militia in this State, was read and referred to Messrs Wright & Shepardson. Rec" from the House the bill entitled an act laying a tax of two cents pr acre in the town of Hancock, which was read and it was resolved to concur with the House in passing the same. Rec" from the House the bill entitled an act authorizing the adminis trators of David Wing Jr. to deed land &c. which was read and it was referred to Messrs Loomis & Butler. Resolved to concur with the House in passing the bill entitled "an act extending the time for recording certain advertisements in the town Clerk's office in the town of Philadelphia" [part of Chittenden.] Rec" from the House the Bill entitled " an act in addition to an act 182 Governor and Council — Novemher 1807. establishing a State Bank," which was read and Ordered to Lie on the table. Rec" from the House the Bill entitled an act granting to Daniel Mer riam, Charles Landon & Sylvester Phelps the sum of $15,63, which was read and it was resolved to concur with the Plouse in passing the same. Adj" to 8 OClock A, M, tomorrow.' Tuesday, Nov 10* 1807, 8 OClock A, M, The resolution [of the House] to adjourn on "Tuesday the 10'" of Nove" was concurred by amending the same by inserting "Wednesday" instead of" tuesday" and Gov, Brighara appointed to assign the reasons to the House, The Bill entitled an act in addition to an act entitled an act to authorize the Supreme Court of this State to empower Guardians to sell the real estate of their wards, was read and it was Resolved to concur with fhe House in passing the same. The Bill entitled an act authorizing the forming of bands of Military Musicians &c. was called up, read again and it was Resolved to concur with the house in passing the same. The Bill entitled "an act in addition to an act establishing a State Bank," was read and it was resolved to concur with the House in passing the sarae with the following amendraents— Viz. in Sec, 2°" line 6* from the top after the word "President" erase the words "two hundred and fifty" and insert "three hundred," and that Gov. Brigham wait on the House and assign the reasons. The Bill entitled an act to revive a land tax on Goshen Gores, Harris Gore, Hopkinville & Bradley Vale in the County of Caledonia was read and it was resolved to concur with the House in passing the same, with the following amendraents, Viz. — Add the following at the end of Sec. 1"'. "so far as it relates to the liability of said Sheriff for said tax. Sec. 2''. It is hereby further enacted that in all cases when said tax has been paid to said Sheriff on any Lands which raay hereafter be advertized for sale agreeable to this act, if the owner of such lands, by liimself or his agent, shall produce to said collector proper vouchers shewing payment of said ' From the Assembly Journal, Nov, 9 1807 ; Mr, [Charles] Rich, on motion and leave, introduced the following resolution; In General Assembly, Nov. 9"'. 1807, Whereas it becomes the interest of t'ne good people of this aud the United States, as far as possible to encourage domestic raanufactures, and more especially when the peace of this country is threatened by the nation with whom we have the greatest commercial intercourse; and whereas the raost ready raethod of introducing such manufactures will be to lake proper measures to make them fashionable, — Therefore, Resolved, the Governor and Council concurring herein, that it he rec ommended to the Governor, raerabers of tbe Council, and House of Representatives, to appear at the next session ofthe legislature, clothed in the raanufactures of this or sorae other of the United Stales. The foregoing resolution being read was adopted, and sent to the Governor and Council for concurrence. The journal of the Plouse shows that this resolution was returned by the Council concurred in, Nov. 10, but the Secretary of the Governor and Council failed to enter in his record any action on the subject. Govemor and Council — Novemher 1807. 188 tax in whole or in part to said Sheriff previous to his absconding, of any right or lot of land in said County so advertized as aforesaid, the collector shall credit the same to such Land owner on his rate bill free from ex- pence, and such land shall not be sold, and said Collector shall execute to such Land owner or his agent a receipt in full for such tax so shewn to have been paid as aforesaid, and in all cases where vouchers shall [be pro duced] shewing payment aforesaid, the same shall be credited to said Collector by the treasurer of said County." Adj" to 2 OClock P. M. 2 OClock P. M.— Mr Niles introduced a bill entitled an act incorpo rating the Bradford Manufacturing Corapany, which was read, passed and sent to the General Assembly for concurrence. The Bill entitled '-an act laying a tax of one cent on each acre of Land in the State of Verraont for the purpose of building a State prison," which had been returned with certain proposals of amendment [to the house,] was now again sent up from the house to Council with informa tion that the house had concurred with the two first proposed araend ments and had non-concurred with the last; and Mr Olin appeared in Council and assigned the reasons of the house. The above bill on mo tion was referred to Gov. Brigham & Mr. Wright. The Bill eutitled "an act providing for the inspection of Lumber'' was read & referred to Mr. Loomis & Gov. Brigham. The Bill entitled "an act in addition to an act establishing a State Bank," lately sent down to the house with proposals of araendraent, was now returned non-concurred, and ou motion Resolved that the Council rescind their vote for amendments aforesaid and that they concur with the house in passing the original bill. Rec" from the House the Bill entitled "an act in addition to an act es tablishing a Grammar School in Norwich in the County of Windsor," which was read and it was Resolved to concur with the house in pas sing the same, Rec" from the house the Bill entitled " an act establishing a Grammar School in Royalton," which was read and it was Resolved to concur with the House in passing the same. Rec" Information that the House had concurred in the proposed amendment to the resolution for adjourning the house without day — and also in the bill entitled an act laying a tax of two cents pr acre on the to^n of Sherburne, Rec" from the House the bill entitled an act in addition to an act enti tled an act regulating fees and to repeal certain acts therein raentioned, which was read and it was Resolved to concur with the house in passing the sarae, Rec" from the House the Bill entitled " an act in addition to and alter ation of an act entitled an act regulating fees, and also to repeal a cer tain act therein mentioned," which was read and it was resolved to con cur with the house in passing the same. Received from the ITousethe bill entitled " an act to punish undue combinations. Speculations and undue practices araong Attornies and pettifoggers," which was read and it was resolved to concur with the House in passing the sarae. Adjourned to 9 OCclock to morrow A, M. Nov, 11*. 9 OClock A, M. The Gov, & Council met Pursuant to adjournment. The following resolution was introduced into Council—" Resolved, the' General Assembly concurring herein, that both Houses meet in the 184 Governor and Council — November 1807, representatives' room at 10 OClock A, M, this day for the purpose of ap-, pointing a High Bailiff for the County of Windham in the room of Joseph Ellis resigned"— [which was read and adopted,] The bill entitled an act laying a tax of one cent on each acre of land in the State of Vermont was called up and again read and it was Be solved to concur with the Plouse in passing the same with sundry amendments. The following engrossed bills were received from the House, sent up for revision and concurrence or proposals of amendment; Viz,— one entitled "an act relating to the division of lands in the town of Reading;" one entitled "an act directing the treasurer to pay the sum therein men tioned " — which were read and it was resolved to concur with the house in passing the same. Received from the House this resolution; "Resolved that the Judges of the Supreme Court be appointed to inspect the several branches of the Vermont State Bank" &c, which was read and it was resolved to concur with the House in passing the same. The following resolution was introduced into Council — Viz. "Resolved, the General Assembly concurring Herein, that all the unflnished busi ness be referred to the next Session of the Legislature;" which passed and was sent down to the House for concurrence. The Secretary read the debenture ofthe Gov, & Council, and [it] was agreed to as follows ; His Honor Paul Brigham L*. Gov Honl Jonas Galusha . .". .Noah Chittenden . .". .Elias Keyes . .". .Beriah Loomis . .". .Nathaniel Niles . . " . . Asaph Fletcher . .". .Josiah Wright . .". .Ebenezer Wheelock . .". .Samuel Shepardson . .". .Eliakim Spooner . ,". .Ezra Butler . .". .Samuel Shaw . .". .William Page Jr. (Deb. as Secy-) .."..R. C. Mallary Secy. . .". .W. Strong Sheriff 1 1 .5 1 > Amoun of Travel 1-^ Amoun of ttendan 17 < 35 ¦ The Washingtonian placed Mr. Hatch in Norwich in 1810, Biographical Notices. 187 and were it not that his zeal as a partizan kept him for several years with the minority of the freemen of his town, a majority of whora followed such Jeffersonian leaders as Isaac Clark and Samuel Shaw, he would have been much more employed in public service. The editor of this volurae remembers him as one of the most venerable and dignified among the Councillors of 1829, He was first Vice President ofthe Vt. Bible Society at the time of his death.— Lanman's Dictionary of Congress; and Deming's Catalogue. Daniel Chipman, LL.D., was born in Salisbury, Conn., Oct. 22 1765, and graduated at Dartmouth College in 1788. He removed with his father to Tinmouth in 1776, and labored on a farm until 1783. Pursuing a classical course for five years, he studied law with his brother Judge Nathaniel Chipman, and on his admission to the bar commenced prac tice at Rutland, In 1794 he reraoved to Middlebury, and there he spent the best part of his professional life, becoraing distinguished in his pro fession and in literature. He was admitted to the American Academy in 1812, and was law professor in Middlebury College from 1806 to 1816, being succeeded in that offlce by Judge Nathaniel Chipman, His legis lative service commenced in 1798. as Representative of Middlebury in the General Assembly, which offlce he held for eleven years, ending in the year 1821-2, and in 1813 and '14 he was Speaker of the House. He was elected Representative in 1808, and also Councillor, and entered the Council on the second day of the session, and served one year only. He was one of the three Federal Councillors of that year who served in Congress 1815 to March 1817. He was State's Attorney for Addison County 1797 until 1817, and Delegate in Constitutional Conventions as follows : for Rutland in 1793, Middlebury in 1814, and Ripton in 1836, '43, and '50, He took an active part in the Convention of 1843, and though he was in his seventy-eighth year, the editor of this volume can attest that he was prompt, vigorous, and eloquent in debate, and genial and communicative in conversation. It was the fortune ofthe editor to hear John Quincy Adams in debate when he was in his seventy-third year and fully maintaining his title to the name of the "old raan eloquent," In person and intellectual qualities, Mr. Chipman strongly resembled Mr. Adaras, and with equal advantages in culture, and experience in lofty statesraanship, Mr. Chipman certainly would have won high repute in the nation. "He was the youngest of seven brothers, all highly distinguished men." His published writings are an Essay on the Law of Contracts, 1822 ; Reports of the Supreme Court of Vermont, 1789- 1825, published in 1835 ; Life of Nathaniel Chipraan, 1846 ; Memoir of Seth Warner, 1848 ; and Memoir of Thomas Chittenden, 1840. He died April 23 1850, from disease incurred in attending the Constitutional Convention of that year.— Drake's Dictionary of American Biography; Deming's Catalogue; aud Vermont Watchman and State Journal, Jan. 1843, and May 1850. 188 Biographical Notices. Zerah Willoughby represented Fletcher in the General Assembly in 1818, '20, '22, and '23, and In the Constitutional Convention of 1822, He was Assistaut Judge of Franklin County 1801 until 1806, 1813, '14, 1818 until 1821, 1822 and '3, and Chief Judge 1824 and '5, He was Councillor in 1808 and 1814. He was a farmer aud merchant,— Fi, Historical Magazine; and Deming's Catalogue. Rev, Asa Lyon was born in Pomfret, Conn,, Dec, 31 1763, graduated at Dartmouth College in 1790, and pastor of the Congregational church at Sunderland, Mass,, from Oct, 4 1792 to Sept, 23 1793, He organized the Congregational church in South Hero,' in conjunction vvith Grand Isle, in 1795, and was its flrst minister, though he never was installed but was elected by the members — Drake says, from Dec, 21 1802 to March 15 1840, After a few years, a difficulty arose as to his support, when he declared that his pastoral services should be gratuitous. Be ginning with a valuable farra and living in the most frugal fashion, he became the wealthiest man on the islands, without the aid of a salary. He represented South Hero in the General Assembly 1799 until 1803, 1804 until 1807, and 1808 for a few days till he entered the Council, in which he served one year. He represented Grand Isle 1812 until 1815, when he was elected to Congress and served 1816 to March 1817 — being the third of the Federal Councillors in 1808 who served in the same Congress, He was Chief Judge of Grand Isle County Court in 1805, '6, '8, and '13, Rev. Simeon Parmalee gave a very interesting sketch of Mr, Lyon, in the second volurae of the Vt. Historical Magazine, article " Grand Isle," in which he wrote that He was a great man in stature and in powers of mind. He had a dark complexion, coarse features, powerful build, more than six feet in height, large boned, giant-framed, and a little stooping, * * It never could be said that the people of the Island were deprived of the gospel. Nor was it a shammy man-made gospel that Mr. Lyon proclaimed to thera, for which they gave him nothing, but an able and faithful exhibi tion of gospel truth— clear as the sun in its meridian strength. Nor was he unappreciated as a man of power and an able vindicator of the truths of the gospel, by his people. His friends thought hira not only a great man, but a good man. You could offend his people in no way any quicker than to speak reproachfully of Mr. Lyon. Still they knew he had faults, and they saw thera, yet he had his good traits, and his people saw thera also, and loved him and judged him with charity, * * He ' The three present towns of Grand Isle, North Hero, and South Hero originally formed one town named the Two Heroes. Oct, '27 1788, the islands were divided into two towns which were known as North Hero aud South Hero, and were called by these names by Ira Allen in 1781. Nov, 7 1798, South Hero was made two towns named Middle Hero and South Hero, aud Nov, 5 1810, the name of Middle Hero was changed to Grand Isle. Lyon's farm, it has been stated by Rev, S, Parmalee, was on the North Hero, Biographical Notices. 189 was a divine, a philosopher, and a reasoner and a scholar iri almost every sense of the word. He was truly learned on all subjects; even a literary encyclopedia himself He was eloquent in extemporaneous discussions. The editor of the Histoi ical Magazine adds ; He was no saint Lyon, as the enthusiast pencil may overpaint, " with no spot nor wrinkle nor any such thing;" but he was honored in the na tion and worshipped in his own pulpit. Said the late Hon. Charles Adams of Burlington, '• There have been two raen in this State, whose intellect towered above all others, one Nat. Chipman of Tinmouth, the other Asa Lyon of Grand Isle," " He died," said Mr, Parmalee, '' as he had lived, like a philosopher and a Christian," His death occurred April 4 1841, in his 78th year. See portrait in Ft Hist, Mag, Vol, ii.— Drake's Dictionary of American Biography; Deming's Catalogue; and Vt. Historical Magazine, Vol. ll, Reuben Hatch represented Tunbridge in the General Assembly in 1792, '93, and '95; and he was a Councillor one year. — Deming's Cata logue. Jedediah P, Buckingham was graduated at Dartmouth College in 1779 and came to Thetford in 1781 as an attorney, and there resided until his death. Sept, 1, 1840, He was an able man in his profession. He represented Thetford^in the General Assembly 1800, 1804, and 1805; was Councillor one year ; Chief Judge of Orange County Court from 1799 until 1806, and 1813 until 1816.— Fi, Historical Magazine, Vol. ii; and Deming's Catalogue. Deacon Daniel Dana came to Guildhall from Connecticut, [proba bly one of the Pomfret family,] as an attorney, and represented the town in the General Assembly 1800 until 1807, and 1808 till he entered the Council, He was a Councillor in 1813 and '14; Chief Judge of Essex County Court 1800 until 1808, and 1809, '13 and '14; and Judge of Pro bate 1801 until 1809, and 1813 and '14, He removed to New York, and the editor, Charles A, Dana of New York city, is his grandson, — Vt. Historical Magazine, Vol, i, article " Guildhall ;" and Deming's Cat alogue. John Ells"WORTH represented Greensborough in the General As sembly in 1799 and 1806. He was Clerk of Orleans County Court 1803 until 1814, and served in the Council one year, — Deming's Catalogue, RECORD OP THB GOVERNOR AND COUNCIL AT THE SESSION WITH THE GENERAL ASSEMBLY AT MONTPE LIER, OCTOBER 1808, A Journal of the Proceedings of the Governor and Council of the State of Vermont, at their Session begun & holden at Montpelier, within & for said State, on the thirteenth day of October, being the second Thursday of said Month, in the year of our Lord, one thousand eight hundred & eight, and of the Independence of the United States the Thirty third, on which day the General Assembly were convened, pur suant to the laws and Constitution of this State, Present, His Honor Paul Brigham Esq'- L'- Governor; of the Council, The Hon"'" Beriah Loorais, Noah Chittenden, Ebenezer Wheelock, Nathaniel Niles, Elias Keyes, Samuel Shaw, Josiah Wright, Samuel Shepardson, Ezra Butler, and Asaph Fletcher Esquires, Rollin C, Mallary Secretary, Joseph Arraington Sheriff of Caledonia County, Mr. Dan'- Chipman appeared in Couucil from the House of Representatives, and informed that they had formed a quorum, and were ready to proceed to business. Ordered, That the Secretary inform the General Assembly that a quorum of the Council were convened, and ready to proceed to business. A resolution was received from the House of Representatives appoint ing a Committee, to receive, sort, and count the votes for Governor, Lieutenant Governor, Treasurer and Councillors for the year ensuing, which was read, and. Resolved, To concur with the house in passing the same. Councillors chosen. Mess"- Shaw, Wright, Chittenden, Keyes, Wheelock, Shepardson & Loomis, and they were sworn to the faithful execution of their trust. Adjourned to 4 o'clock P, M,' ' The usual religious services followed the adjournment, the election sermon by Rev, Tilton Eastman, Of course the flrst meeting of the Legislature at Montpelier was honored by all the ceremonies and cour tesies, civil and military, that were possible, Daniel P, Thompson gave an account of them in his History of Montpelier, but unfortunately that was in fact a description of the " election day" of 1809, In 1808 escort duty was performed by United States troops, under the command of Colonel Larned Lamb of Montpelier, who at that time had received a comraission in the U, S, Army and raised a company, A large number of people attended to witness the opening of the Legislature and the proclamation of the state offlcers, and but a very small part of them could gain admission to the house. Col, Lamb's company had filed in after the representatives and occupied the back seats of the hall of the_ house, when Mr, William Templeton objected strongly to the presence of United States troops to the exclusion ofthe freemen ofthe State, and especially of those who had contributed for the building of the State House, He was clamorously seconded, and the troops were ordered to withdraw from the hall. The editor is indebted for these statements to a gentleman who was present, the Hon, Daniel Baldwin of Montpelier. Governor and Council — October 1808. 191 4 o'clock p. M.— Mr. Griswold appeared in council Chamber, and informed that the General Assembly were convened in the Representa tives' room, and were ready to meet the L'- Governor & Council in Joint Comraittee for the purpose of hearing the report of the Commit tee of both Houses, appointed to receive, sort & count tho Votes for Governor, L'- Governor, Treasurer & Councillors for the year ensuing. The L'- Governor and Council immediately repaired to the Representa tives' room, and the following report was read, viz. " That his Excel lency Isaac Tichenor Esquire is Elected Governor, His Honor Paul Brigham Esquire L'- Governor, Benjamin Swan Esq'- Treasurer, and the Hou"'" Elias Keyes, Chauncey Langdon, Daniel Chipraan, Soloraon Mil ler, Zerah Willoby, Asa Lyon, Samuel Fletcher, Reuben Hatch, Jede diah P, Buckingham, Daniel Dana, John Elsworth and Noah Chitten den, are duly Elected Councillors for the year ensuing, all which is respectfully submitted, Samuel SHAW,/or Coni'^-' The L'. Governor & Council returned to their Chamber and ad journed untill 9 o'cIoc'k Tomorrow morning. Friday October 14'". 9 o'clock A, M, The Council met pursuant to adjournment. Present, His Honor Paul Brigham Esq'- L'- Governor, The Hon'"- Elias Keyes and Noah Chitten den Esq'"- Councillors. The Hon"'" Chauncey Langdon, Daniel Chip- man, Asa Lyon, Zerah Willoby [Willoughby,] Reuben Hatch, Daniel Dana and John Elsworth Esquires, elected Councillors for the year en suing, appeared in the Council Chamber, and were sworn into office by his Honor the L'- Governor, A Resolution was received from the house, appointing a Committee to wait on his Excellency Isaac Tichenor Esquire, and inform him of his appointment of Governor, for the year ensuing, & being read. Resolved, To concur therein, and Ordered that M'- Chipman join said Committee, Ordered, That the Secretary return said resolution to the house, " The votes for governor were as follows, as appears from the Vermont Centinel [Burlington] of Oct. 21 1808: Counties. Chittenden Orange EssexFranklin BenningtonRutland Addison Windsor Grand Isle WindhamOrleansCaledonia 13634 12776 427 Majority for (?ov. Tichenor 432. The Centinel also stated that Moses Robinson junior of Bennington, one of the Federal candidates for the Council, failed of an election by reason of the omission of the "junior " in many of the votes. Tichenor. Smith. Scattering. 1348 778 35 1346 1480 46 224 87 11 1190 789 19 947 1123 35 1548 2359 63 1345 1168 57 1377 2714 57 320 68 3 2477 1097 53 377 236 11 1136 776 38 192 Governor and Council — Octoher 1808. Ordered, That the Secretary inform the Hon"'" Solomon Miller, Jed ediah P. Buckingham and Samuel Fletcher Esq'"- that they are duly elected Councillors for the year ensuing. Adjourned to 2 O'clock P. M. 2 O'clk P. M.— The L'- Governor & Councillors present subscribed the Oaths required by the Constitution. His Excellency the Governor appeared in the Council Chamber, and with the Council proceeded to the Representatives' room, there signifled his acceptance of the Office to which he had been duly elected by the Freemen, and the Oaths, prescribed by the Laws and Constitution, were administered to him by the Hon'"- Royal Tyler Chief Judge of the Su prerae Court of Judicature, and the Governor & Council returned to their Charaber, Received from the house the Petition of Mary Giles, praying for relief, with the following order thereon, •' In General Assembly Oct, 14, 1808, Read & referred "to Mess"- King, W, Child & C, Smith, to join a Committee from Council, Attest M, Post Clerk," which was read, and Resolved, That M'- Dana join the above Committee from the house. His Excellency the Governor was pleased to appoint Williara Page Jun'- Esquire Secretary for himself and Council, M'- Page appeared in Council, and the Lieutenant Governor administered the Oaths of office to him as Secretary of the Governor and Council, Attest [Rollin C, Mallary, Sees'-] , The following Resolution was received from the house — "In General Assembly Oct, 14, 1808, On motion. Resolved that the following Standing Committees be appointed, on the part of the house, to join such Committees as the Governor & Council may appoint on the same subjects— viz— The First Land Tax Comraittee, Mess"- P. Smith, D. Clap, & Sexton. The Second Land Tax Coramittee Mess"- Henry, J. Hall & Otis. The Third Land Tax Coramittee, Mess"- A, Chamberlin, Wheatley & Newell, A Committee, denominated the Comraittee of Insolvency and suspension. Mess"- W, Charaberlin, Marvin, De Forrest & Hararaond. A Committee, denominated The Comraittee of New Trials, Mess"- Ware, Olin, W. Chamberlin & G, Robinson, A Turnpike Coramittee, Mess"- Rich, Flagg, J, Dana and Putnam, A Comraittee of Clairas, Mess"- N. Chipman, Edmund [David Edmond of Vergennes,] Hunt & Ware. Extract frora the Journals Attest M. Post Clk pro. tem.'' and the same being read. Resolved, That M'- Chittenden join the ' First Land Tax Committee; That M'- Ellsworth join the Second Land Tax Committee; That M'- Hatch join the Third Land Tax Conimittee; That M'- Langdon join the Committee of Insolvency and suspension; That Mr Chipman join the Conimittee of new trials; That M'- Lyon join the Committee of Claims; and That M'- Keyes join the Turnpike Comraittee, Adjourned untill 9 O'clk Tomorrow mornino. Saturday October 15 1808 9 o'clk A, M. The Council met pursuant to adjournment. The Hon"- Solomon Miller Esquire, Elected a Councillor, appeared in the Council Chamber, took & subscribed the Oaths prescribed bythe laws and Constitution and was admitted to a seat as 8, member. The Petition of Minott Farmer, flrst Constable of Parkerstown [Men don,] praying for relief and power to sell the lands in said town under the cent tax, was received from the house with this order thereon; "In General Assembly Oct. 14, 1808, read & referred to Mess"- N. Chipman, Governor and Council — Octoher 1808. 193 T. Hutchinson & W. Chamberlin to join a Committee from Council. Attest M. Post Clk."— read & Resolved That M'- Willoby join the above Committee of the House. Received from the House of Representatives the Petition of John Barker & others, relative to the Jurisdictional lines between the towns of Salisbury & Leicester, also a Petition of sundry Inhabitants of Sharon and Royalton relative to their Jurisdictional lines, wilh this order on each; "In General Assembly Oct, 14 1808, read and referred to Mes'- Thompson, Green & Brown, to join a Committee from Council. Attest M, Post Clerk," and being read. Ordered That M'- Chipman j(dn the above Committee ofthe house, Rec"- from the house of Representatives a Petition for a land lax on Berkshire, with this order thereon; "In General Assembly Oct. 14, 1808, Referred to the First joint land tax Coramittee, Attest M. Post Clk," and the same being read. Resolved To concur with the house in the said reference. Received frora the House of Representatives the several Petitions of Geo, Sturtevant & E. Hawley praying for acts of suspension with this order on each; " In General Assembly Oct. 14, 1808, Read & referred to the Joint Coramittee of suspension &c. Attest M, Post Clerk," and being severally read. Resolved To concur with the house in their said reference. Received from the house, the Petition of Enos Silsbee praying com pensation for a horse killed in the service of the public, and the Petition of James D. Butler, for payments of sundries advanced to John Vincent a poor Indian, with this order on each — " In General Assembly Oct. 14, 1808, Read & referred to the joint Committee of Clairas. Att. M. Post Clerk," and the same being severally read. Resolved, To concur with the house in their said reference. Adjourned to 2 O'clk P. M. 2 O'clock P, M, — Received from the House of Representatives the Petition of Caldwell Moore flrst Constable of Barnet, praying the Legis lature to pass an act in couflrmation of his proceedings as Collector of the Cent Tax, wilh this order thereon: "In General Assembly Oct. 16, 1808, read and referred to Mess"- Fyler, Sanborn and Palmer to join a Committee from Council, Attest M. Post Clerk" — and the sarae being read. Resolved, That M'- Hatch join the above Coraraittee of the house. Received from the house of Representatives the Petition of Thomas Todd & Son, for an act of incorporation, for the purpose of manufactur ing woolen Cloth and also for a loan of money, with this order thereon; "In General Assembly Oct, 16, 1808, read &, referred to Mes"- Thomp son, Dewey & Ware, to join a Committee from Council, Attest M. Post Clerk," and the same being read. Resolved, That M'- Ellsworth & M'- Langdon join the above Committee ofthe house. Received irom the house of Representatives a Petition from Coit's Gore, for an act to incorporate said Gore and part of Belvidere & Ba kersfleld into a new Township, by the name of Walpole, with this order thereon: "In General Assembly Oct, 16, 1808, Read and referred to Mess"- Hazeltine, Shaw & Follett to join a Committee from the Council. Attest M, Post Clerk," and the same being read. Resolved That M'- Miller join the above Comraittee ofthe house. Received from the house of Representatives a Petition from the Over seers of the Poor in the Town of Grafton with this order thereon; " In General Assembly Oct, 16, 1808, read and referred to the joint Commit tee of new trials. Attest M, Post Clerk," and the same being read, Resolved To concur with the house in their said reference, 13 194 Governor and Council — October 1808. Rec"- from the House of Representatives, Petitions for land Taxes on Newark & Burke, and one from Pittsfield for the repeal of an act laying a land tax on said town, with the following order on each: " In General Assembly Oct, 14'" 1808, Referred to the flrst joint land tax Committee. Attest M. Post Clerk," and the same being severally read. Resolved, To concur with the house in their said reference thereon. Received from the house of Representatives the Petition of Francis Davis, for an act to free his body from imprisonment on an Execution in favor of John & Isaac F. Roe, with this order thereon; "In General Assembly Oct. 15, 1808, Read and referred to the joint Committee of suspension. Attest M. Post Clerk," and being read Resolved, That M'- Chipman join said Coramittee on this Petition. Received frora the House of Representatives the Petition of Benj" H. Oakes, praying to be liberated frora Imprisonment, and to have his body free from arrest for the term of flve years, with this order thereon; " In General Assembly Oct. 15, 1808, read & referred to the joint Committee of suspension. Attest M. Post Clerk," and the same heing read. Resolved, To concur with the house in their said reference. Received from the House of Representatives a Petition from the town of Burke for an alteration in the County road, and a Petition from John W. Blake and others for a Turnpike road from Rockingham to the South line of the State, with this order on each: "In General Assembly Oct. 15, 1808. Read and referred to the joint Turnpike Committee. Attest M. Post Clerk," and the same being read. Resolved To concur with the house in their said reference. Adjourned to 9 o'clk Monday Morning. Monday, October 17'"- 1808, 9 O'clk A. M. The Council met pursuant to adjournment. Received from the House of Representatives a Petition from the Inhabitants of Bakersfleld, with this order thereon: "In General As sembly Oct. 15 1808, referred to the Second joint land tax Committee. Attest M. Post Clerk," and the sarae being read. Resolved, To concur with the house in their said reference. Received from the House of Representatives the Petitions of Thomas Hodgkins and Abrahara Dibble, praying for acts of Insolvency and su.spension of civil process against them, with this order on each; "In General Assembly Oct. 15, 1808, read & referred to the joint Coramittee of suspension &c. Attest M. Post Clerk," and the same being severally read. Resolved, To concur with the house in their said reference. Received from the House of Representatives a Petition from sundry Inhabitants of Middletown, for the grant of a Turnpike road from Clar endon to Poultney, with this order thereon; "In General Asseraby Oct. 15, 1808, read & referred to the joint Turnpike Committee'. Attest M. Post Clk." and the same being read. Resolved, To concur with the house in their said reference. Received from the House of Representatives a Petition from the Town of Pawlet, praying that the town lines between that town and Rupert maybe Established, with this order thereon: "In General Assembly Oct. 15, 1808. Read and referred to Mess"- Pratt, Eraerson & Prindle to join a Committee from Council. Attest M. Post Clerk," and the same being read. Resolved, That M'- Lyon joiu the above Committee of the house. Received from the House of Representatives the Petition of Oliver Smith & Wilham Hamilton, praying for an act of Insolvency, with this Governor and Council — Octoher l^OB. 195 order thereon: "In General Assembly Oct, 15, 1808, read & referred to the joint Committee of suspension. Attest M, Post Clerk," and the same being read. Resolved, That M'- Chipman join the Committee of suspension on this Petition, His Excellency the Governor, accompanied by the L«- Governor & Council, proceeded to the Representatives' room, according to previous notice, where his Excellency delivered to both branches of the Legisla ture the following speech,' The Governor's: Council then returned to their Chamber & resumed the consideration of business. In Council at Montpelier, Oct, 17, 1808. Present, His Excellency Isaac Tichenor Esq'- Governor; His Honor Paul Brigham Esq'- L'- Governor; Ofthe Council, The Hon"'" Elias Keyes, Chauncey Langdon, Daniel Chipraan, Zerah Willoby, Asa Lyon, Soloraon Miller, Reuben Hatch, Daniel Dana, and John Ellsworth Es quires; William Page Jun'- Secretary, Joseph Armington Sheriff, The Council took under consideration the Petition of Josiah Hathaway of Plymouth in the County of Windsor, stating that at the term of the Su prerae Court of Judicature, begun and held at Woodstock, within & for the County of Windsor, on the Third Tuesday of August A, D. 1808, he the said Josiah was convicted before said Court of the crirae of adultery and was fined by said Court the sum of eighty dollars and further or dered to pay the costs of prosecution amounting to forty dollars & twenty three cents, representing his utter inability to pay said fine & costs, and praying the, Governor & Council to remit the same or such part thereof as to the Governor & Council may seem proper. And on the question shall the Fine imposed as afores" by the Court aforesaid, on the said Jo siah Hathaway, be remitted — The yeas & nays being required by M'- Chipman were as follows, to wit: Yeas, Gov- Brigham, M'- Keyes, M'- Langdon, M'- Chipman, M'- Miller, M'- Willoby, M'- Lyon, M'- Dana and M'- Hatch, Whereupon, after a full examination of the premises, and hearing evidence on the part of the Petitioner, and mature deliberation heing had thereon. It is Ordered and Adjudged, That the said flne of Eighty dollars, imposed on the said Josiah Hathaway by the Court aforesaid, be and the sarae is hereby remitted. And the Sheriff of our County of Windsor, and all other persons concerned will take due no tice hereof and govern themselves accordin.gly. Attest William Page J'- Secv- Adjourned to 2 O'clk P, M, 2 Oclock P. M. — Received from the house of Representatives the followiug resolution: "In General Assembly October 17, 1808, on mo tion of M'- Rich, Resolved that a Coraraittee of three be appointed from this House, to join such Coraraittee as the Governor and Council may appoint, to report a bill or bills for the regulation of the State Prison, and also to examine the seyeral laws relating to crimes and punish ments, and report'such additions, alterations and amendmenls as may be rendered necessary on account of the State Prison. Merabers chosen. Mess"- T. Hutchinson, Edmond & Olin. Extract frora the Jour nals, Attest M. Post Clerk," and the sarae being read. Resolved, That M'- Chipman join said Committee from the House on the above resolu tion, ' Received from the House of Representatives, A Bill referred from the last Session of the Legislature, Entitled " au act in addition to an act ' For the speech see Appendix A, 196 Governor and Council — Octoher 1808. Entitled an act deflning what shall make a legal settlement &c." with this new order thereon; "In General Assembly Oct. 17, 1808, Read & referred to Mess"- Luce, Olin & Hinman to join a Conimittee from the Council. Attest M. Post Clerk," and the same being read, Resolved, ThatM'- Langdon join said Committee ofthe house. Received from the house of Representatives the Petition of John & James I. Winans concerning a Steam Boat on Lake Champlain, with this order thereon; "In General Assembly Oct. 17, 1808, read and re ferred to Mess"- N. Chipraan, G. Robinson & Pratt to join a Committee from Council. Att. M. Post Clerk," and the sarae being read. Resolved, That M'- Elsworth join the above Committee ofthe house. Received from the House of Representatives a Petition from sundry Inhabitants of Cornwall, praying that part of the town of Bridport may be annexed to Cornwall, with this order thereon: " In General Assem bly Oct. 17, 1808, read and referred to Mess"- Rich, Gardner & Graves, to join a Committee from Council. Attest M. Post Clk." and the same being read. Resolved, That M'- Lyon join said Committee of the house. Received from the house of Representatives, a Bill referred from the last Session of the Legislature, Entitled "An act granting to Isaac Eddy a tract of land therein raentioned," with this order thereon: " In Gen eral Assembly Oct. 17, 1808, Read & referred to Mess'- Knapp, A. Rob inson & Jason Duncan to join a Committee from the Council. Attest M. Post Clerk," and the same being read. Resolved, That M'- Willoby join the above Committee ofthe house. Received from the house of Representatives, a Bill referred from the last session of the Legislature, Entitled "An act appointing a Coramittee to lay out a Post Road frora the Court House in Middlebury to the North line of Huntsburgh" [Franklin,] with this order thereon: "In General Asserably Oct. 17, 1808, Read & referred to Mes.?"- Shaffer, Pit kin & Asa Smith lo join a Comraittee from Council. Attest M. Post Clerk," and the same being read. Resolved, That M'- Dana join the above Committee ofthe house. Received from the house of Representatives, a Petition frora Sundry Inhabitants of Newfane, praying to be annexed to Townsend, with this order thereon: " In General Asserably Oct. 17, 1808, Read & referred lo Mess'- A. Robinson, John Dodge & Duncan to join a Committee from Council. Attest M. Post Clk." and the sarae being read. Resolved, That M'- Keyes join the above Committee ofthe house. Received from the house of Representatives the Petition of Clark Rogers, respecting the collection of the State Prison Tax on Hunts burgh, w-ith this order thereon: "In General Asserably Oct. 17, 1808, Read & referred to the joint Committee on the Petition of Caldwell Moore. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives the Petition of Ebenezer Markham, praying for an act freeing his body from arrest for the terra of ten years, and the Petition of Jesse Leavenworth, praying for an act to free his body from arrest during his life, with this order on Piieh; "In General Assembly Oct, 17, 1808, Read and referred to the joint Committee of Suspension, Attest M. Post Clerk," and the same being read. Resolved To concur with the house in their said reference. Received from the Plouse of Representatives the Petition of Isaiah Sanford, First Constable of Monkton, for relief in a mistake made iu the Grand list of said town, the Petition of the Selectmen of Shekhm for remuneration of monies expended in the support of Robert Smith a foreigner, and the Petition of the Selectmen of Bradford for relief against the State Prison land tax, with this order on each- "In General Gwernor and Council — October 1808, 197 Assembly Oct, 17, 1808, read & referred to the joint Committee of Claims, Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their s.aid reference. Received from the House of Representatives the Petition of John R, Gibson for new trials in actions in his favor against Elias Gallup, with this order thereon; "In General Assembly October 17, 1808, read and referred to the joint Committee of new trials. Attest M, Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Received from the House of Representatives the Petition of the Directors of the Weathersfield Turnpike Corapany, praying that the tirae limited by the act of Incorporation for completing said road might be extended, with this order thereon; "In General Assembly Oct, 17, 1808, Read and referred to the joint Turnpike Committee, Attest M, Post Clk," and the sarae being read. Resolved, To concur with the house in their .said reference. Received from the House of Representatives the Petition of the Inhabitants of the town of Arlington, praying an alteration in the Statute of limitations, with this order thereon: "In General Assembly Oct. 17, 1808, Read & referred to Mess"- Rich, D. Clapp & Hunter to join a Comraittee frora Council, Attest M, Post Clerk," and the same being read. Resolved that M'- Miller join the above Committee of the house. Received from the house of Representatives the Petition of Aaron Henry, praying a further credit on the Bond and Mortgage in favor of the State agaiqst him, and a Petition frora Nathan Fletcher Jun'- and Lewis Pratt [for relief] in a suit against thera in favor of the State, as bail for Nathan Dean Jun'- with this order on each: "In General Asserably Oct. 17, 1808, read and referred to the joint Coramittee on the .Petition of Mary Giles. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Adjourned untill 9 O'clk Tomorrow morning. Tuesday October 18*. 1808, 9 o'clk A, M, The Council met pursuant to adjournment. Received from the House of Representatives the following Resolution: "In General Assembly Oct, 17, 1808. Resolved, the Governor and Council concurring herein, that both houses raeet in their separate rooms, tomorrow morning at ten o'clock, and then & there proceed to ballot for some suitable Person as a Senator to represent this State in the Senate of the United States for six years from and after the third day of March next, and that imraediately thereafter both houses raeet in joint Committee in the Representatives' room for the purpose of declaring "the person elected, and that if the two houses do not agree on the same person, that they proceed by joint ballot to elect a suitable person as Senator as aforesaid. Read '& adopted. Extract from the Journals, Attest, M. Post Clerk," and the same being read, Resolved, To non concur with the house in the above resolution for the following reasons; That since the election ofthe Members of Council have been pubhshed, there has not been sufficient time to give regular notice to all the mem- bers elect of their election & have them attend & be qualified. And that in the opinion or knowledge of the Governor and Council there is no particular reason to make it necessary to proceed to that important election at so early a period of the session, when the collective voice of 198 Governor and Council — OcioJer 1808. the Representatives ofthe People cannot be taken. Ordered, That the Secretary return the same to the House, A bill passed in the Plouse of Representatives, Entitled ''An act alter ing the name of Elijah Stebbins Johnson to that of Lovwell Johnson," Wits sent up for revision and concurrence or proposals of amendment, and being read. Ordered, That the same be referred to M'- Hatch. Received frora the house of Representatives a Petition for land taxes on Derby, Salera, Newark, East-haven, Granby & Guildhall, with this order thereon; "In General Assembly Oct. 17, 1808, Read & ordered to lie on the table. Called up and referred to the third joint land tax Com-' mittee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Received from the house of Representatives the Petition of Malachi & Witherell Wittara [Wiftuni,] praying compensation for land [lost] by the Commissioners of Confiscation, wilh this order thereon: "In Gen eral Assembly Oct. 17, 1808, read and referred to the joint Comraittee of Clairas. Attest, M. Post Clk." and the sarae being read. Resolved, To concur wilh the house in their said reference. Received from the Plouse of Representatives, the Petition of James Perry praying to be restored to his law, with this order thereon: "In General Asserably Oct. 17, 1808, read and referred to Mess"- Wheatley, Brown & J. Fuller to join a Comraittee frora Council, Attest M. Post Clerk," and the sarae being read. Resolved, That M'- Chipman join the above Coraraittee ofthe house. Received from the House of Representatives "An act further to pro vide for the support of schools," with this order thereon: " In General Assembly Oct, 17, 1808, Read and referred to Mess"- L, Hall, P, Sraith & Hazleton [Hazeltine] to join a Committee from Council, Attest M. Post Clerk," and the same being read. Resolved, That M'- Chittenden join the above Committee ofthe house. In Council, at Montpelier, October 18, 1808. Present, His Excellency Isaac Tichenor Esquire Governor ; His Honor Paul Brigham Esq'- L'- Governor; of the Council, The Hon"'" Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon Miller, Asa Lyon, Zerah Willoby, Reuben Hatch, Daniel Dana, and John Elsworth, Esquires, William Page Jun'- Secretary ; Jos, Armington, Sheriff, The Governor & Council took under consideralion the Petition of Seth Payne, stating that, at the Supreme Court of Judicature begun & held at Danville within & for the County of Caledonia on the third Tuesday next following the fourth Tuesday of August A, D, 1807, he the s" Seth Payne was convicted of the crime of passing counterfeit Bills, and sen tenced araong other things to four years hard labor, that he is now con fined in the common goal of said Danville, that his health is much ira paired by his conflnement, that he has been & still is very unwell, and that a much longer imprisonment, in all probability, will put a period to his existence, and praying the Governor & Council to remit & pardon the reraaining part of his said punishment, or such part thereof as shall be thought proper. And on the question. Shall the imprisonment afore said imposed on the s" Seth Payne, by the Court aforesaid, he remit ted and pardoned ? the yeas & nays being required were as follows, to wit ; Yeas, none ; Nays, Gov, Brigham, M'- Keyes, M'- Lans^don, M'- Chipraan, M'- Miller, 'M'- Lyon, M'- Willoby, M'- Hatch, M'- Dana and M'- Elsworth, Wherupon, after a full examination of the Preraises, and hearing evidence on the part of the Petitioner, and mature deliberation being had thereon. It is ordered and adjudged, that the iriiprisonment afores" of the said Seth Payne be not remitted and pardoned, and that the s" Petition be dismissed. Governor and Council — October 1808, 199 Received from the house of Representatives the Petition of Seth Walker and others, for the grant of a Turnpike road frora the west end ofthe Green Mountain Turnpike to Poultney, one from Ferrisburgh for the grant of a Turnpike Road frora Vergennes to Hum's [Heirn's] Ferry, and one for the Grant of a Turnpike Road from Stratton to Sun derland, with this order on each: "In General Assembly Oct, 18, 1808, read & referred to the Joint Turnpike Comraittee. Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives the Petition of the Se lectmen of Warren, praying to be released from the payment of the State Tax of 1807, and one from Joseph Garnsey, flrst Constable of Rochester, praying relief as Collector of the State Prison Tax on said Town, with this order on each: "In General Assembly Oct, 18, 1808, Read & referred to the joint Committee of Claims, Attest M, Post Clk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives a Petition for the revival of a land tax on Ludlow, with this order thereon; '-In General Assem bly Oct, 18, 1808, Read and referred to the 2"" joint Land Tax Commit- ,tee. Attest M, Post Clerk," and the same being read Resolved, To con cur with the house in their said reference. Adjourned to 2 O'clk P, M, 2 O'clock P, M, — The Honorable Jedediah P. Buckingham Esquir* appeared in the Council Chamber, signifled his acceptance of the office of Councillor to which he had been elected by the Freemen, took and subscribed the necessary oaths, and was admitted to a seat. Adjourned untill nine O'clk Tomorrow morning. Wednesday, October 19*' 1808, 9 O'clock A, M, The Council met pursuant to adjournment. Received from the House of Representatives the following Resolu tion: "In General Assembly, October 18, 1808, Resolved, the Governor & Council concurring herein, that the merabers of both houses meet in County Conventions at four O'clock in the afternoon of Wednesday next, for the purpose of nominating their County Officers, and that both houses convene in joint Committee in the Representatives' room at the opening of the house on Thursday next to elect such officers. Extract from the Journals, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house therein with this proposal of amendment, " Insert in the 5'" line Thursday instead of Wednesday, and in the 10* line Friday instead of Thursday," Also this resolution; " In General Assembly Oct, 18, 1808, Resolved, the Governor and Council concurring herein, that both houses meet in joint Committee in the Renresentatives' room at three O'clock Tomorrow afternoon for the pur- pos"e of electing Judges of the Supreme Court, Extract from the Jour nals, Attest M, Post Clerk," and the same being read, Resolved, To concur with the house therein, with this proposal of amendment, " in the fourth line erase the words " tomorrow afternoon," and insert, " in the afternoon of Thursday next," And also this resolution: "In Gen eral Assembly Oct, 18, 1808, Resolved, the Governor and Council con curring herein, that both houses meet in their separate rooms at two O'clock P, M, on Wednesday next, for the purpose of balloting for some suitable person to represent this State in the Senate ofthe United States 200 Governor and Council — Octoher 1808, for the term of six years from and after the third day of March next, and that immediately after both houses meet in the Representatives' room for the purpose of comparing, and if no person should be found duly 'elected, that both houses then proceed by joint Ballot to elect a person as Senator as aforesaid. Extract from the Journals, Attest M. Post Clerk," and the same being read, Resolved^ To_ concur with the house therein, with this proposal of amendment, " in'the 4'" line erase "Wednesday," and insert "Thursday." Ordered, That M'- Lyon in form fhe house of the reasons of the Governor & Council in proposing the above araendments to the three foregoing resolutions. Received frora the house of Representatives the Petition of Nath'- Bosworth Ju'- praying relief on an Execution in favor of the State against him, wilh this order thereon; "In General Assembly Oct, 18, 1808. Read & referred to the joint Coraraittee on the Petition of Mary Giles. Attest M. Post Clerk,'" and the same being read. Resolved, To concur with the house in their said reference. Also, a Petition for a land Tax on Bristol, with this order thereon: " In Gen'- Assembly Oct. 18, 1808, Called up and referred to the flrst Joint land tax Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Received from the house of Representatives several Petitions, to wit, one for a land tax on Deweysburgh, and one fbr a land tax of [on] Iras burgh, with this order ou each: "In General Asserably Oct, 18, 1808, read & referred to the third joint land Tax Coraraittee, Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, A Petition from the town of Wells, relating to their public lands, with this order thereon; "In General Assembly Oct. 18, 1808, read & referred to the joint Coramittee on tne Petition of sundry Inhabitants pf Cornwall. Attest M. Post Clerk," and the same being read, Besolved, To concur with the house in their said reference. Also, A Petition for the grant of a Turnpike road from Norwich to Chelsea, and one for a Turnpike road from Cheshire Bridge, so called, over Connecticut river in Springfleld to Thaddeus Park's in Chester, with this order on each; " In General Assembly Oct. 18, 1808, Read and referred to the joint Turnpike Committee, Attest M, Post Clerk," and tho same being read. Resolved, To concur with the house in their said reference. Also, A Petition for a new County, with this order thereon; " In General Assembly Oct, IS, 1808, Read and referred to Mess"- Stan ley, Gardner & l''ox to join a Committee frora Council, Attest M, Post Clerk," and the same being read, Resolved, That M'- Keyes join the above Conimittee ofthe house. Received from the house of Representatives a bill referred from the last session of the Legislature, Entitled An act to repeal the seventh Section of an act Entitled an act directing the raode of taking the for feiture of grants & charters, with this new order thereon; "In General Assembly Oct, 18, 1808. Called up and referred to Mes"- Olin, D. Smith & Saxton to join a Committee from Council, Attest M, Post Clerk," and the same being read, Resolved, That M'- Chittenden join the above Comraittee of the house. Received from the house of Representatives a bill referred from the last Session of the Legislature, Entitled An act in addition to an act defining the powers of justices ofthe Peace &c, with this order thereon; "In General Assembly Oct, 18, 1808, read & referred to Mess"- G, Rob inson, Newell & P, Child to join a Conimittee from Council, Att, M. Post Clerk," and the same being read. Resolved, That M'- Miller join the above Committee ofthe house. Received from the house of Representatives the Petition of Asa Governor and Council — OctoSer 1808, 201 Wheelock for a division of the town of Wardsboro, with this order thereon: "In General Asserably Oct, 18, 1808, Read and referred to Mess"- A, Chamberlin, Hammond & Barney to join a Committee from Council, Attest M. Post Clerk," and the sam'e being read, Resolved, That M'- Lyon join the above comraittee ofthe house. Received frora the house of Representatives a resolution referred from the last session of the Legislature, relative to a road from White River to Woodstock, with this new order thereon: "In General Assembly Oct. 18, 1808. Called up and referred to M'- Luce, D. Dana & Brown to join a Comraittee from Council. Attest M. Post Clerk," and the same be ing read. Resolved, That M'- Buckingham join the above Comraittee of the house. Received from the house of Representatives the Petition of Charles Bulkley and others, praying relief as Trustees of Montpelier academy, with this order thereon: , "In General Asserably Oct, 18, 1808, read & referred to Mess"- Ware, Putnara & Lynde to join a Committee from Council. Attest M. Post Clerk," and the same being read. Resolved, That M'- Keyes join the above Committee ofthe house. Received as above a bill referred from the last session of the Legisla ture, Enlitled an act in addition to an act establishing a State Bank, with this new order thereon; "In General Assembly Oct. 18, 1808, read & referred to Mess"- Collins, Pratt, Farrington, Barnard & S. Wallace to join a Committee from Council. Attest M. Post Clerk," and the sarae "being read. Resolved, That M'- Willoby & M'- Dana join the above Cora"" of the house. Received as above, a bill referred from the last session of the Legisla ture, Entitled an act in addition to and amendment of an act constilutino the Supreme Court of .Tudicature &c. with this new order thereon: "In General Assembly Oct. 18, 1808, read & referred to Mess"- Griswold Edmond & Marvin to join a Coraraittee from Council. Attest .M. Post Clefk," and the same being read. Resolved, That M'- Ellsworth join the above Ceramittee ofthe house. Received as above, a bill referred from the last session ofthe Leoisla- ture. Entitled an act in amendment of an act incorporating a College at Middlebury, with this new order thereon: "In General Asserably"Oct, 18, 1808, Called up & referred to Mess"- Linsley, Patrick and Olin to join a Coramittee from Council, Attest M, Post Clerk," and the same bein.g read, Resolved, That M'- Miler join the above Committee of the house. Received from the house of Representatives a Memorial against the conduct of the Directors of the "Vermont State Bank, with this order thereon ; " In General Assembly Oct, 18, 180S, Read & referred to Mes"- Cameron, Kinne [Kinney,] Thompson, Hiuman & Dewey to join a Committee frora Council, Attest M, Post Clerk," and the s'ame being read. Resolved, That M'- Langdon and M'- Hatch join the above Committee ofthe house. Received from the House of Representartives a bill referred from the last session of the legislature. Entitled an act concerning the public lands of Deweysburgh, and a Petition accompanying the sarae, with this order on each: "In General Asserably Oct, 18, 1808, Read & refer red to Mes"- W, Chamberlin, Cahoon, & Palmer to join a coramittee from Council. Attest M. Post Clerk," and the same being read. Re solved, That M'- Buckingham join the above Com"" ofthe house. Adjourned to 2 Oclock P, M, 2 O'clock P, M, — Received from the house of Representatives sev eral Petitions, to wit, one from John Wheelock & W"- H, Woodward, 202 Governor and Council — Octoher 1808. agents of the Trustees of Dartmouth College & Moore's Charity school, relative to a suit instituted in the name of the State to repeal the Char ter of Wheelock, with this order thereon: "In General Assembly Oct. 19, 1808, Read & Referred to Mess" Morris, Olin, W. Chamberlin, Cam eron and Pratt, to join a Committee from Council. Attest M. Post Clerk," and the same being read. Resolved, That M'- Lyon join the above Comraitee of the house. Also, The Petition & Remonstrance of Elias Buell against the proceedings of the Militia stationed at Burling ton, and praying relief, with this order thereon: "In General Assembly Oct. 19, 1808, Read & referred to Mess"- Morris, Cameron & Rich, to join a Coram" of the Council, Att. M. Post Clerk," and the same be ing read. Resolved, That M'- Willoby join the above Committee of the house. Also, one frora Rufus Flint praying to be relieved from a mis take in not recording his proceedings as Collector of the Cent Tax on Braintree, with this order thereon: "In General Assembl.y Oct. 19, 1808, Read and referred to to the joint Committee on the Petition of Caldwell Moore. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also, one from Asa Bulkley and others praying for the grant of a lottery for the purpose of erecting a Bridge over the Missisquoi River, with this order thereon: "In General Assembly Oct, 19, 1808, Read & referred to Mes"- Water man, Blodget & Going to join a Committee from the Council, Attest M, Post Clerk," and the same being read. Resolved, That M'- Dana join the above Coraraittee of the house. Also, one from Benjamin Bell, for a ferry across Lake Charaplain, with this order thereon: "In General Assembly Oct, 19, 1808, Read & referred to Mess"- Bailey, Porter & Hol den to join a Comraittee from the Council, Attest M. Post Clerk," and the same being read. Resolved, That Mr Willoby join the above Com raittee ofthe house. On Motion of M'- Lyon, Resolved, That he be discharged as a Com raittee frora the Council on the Petition of Asa Wheelock, and that Mr Keyes be appointed in his room. Received frora the house of Representatives, Petitions from the Towns of South Hero arid Middle Hero, praying for the privilege of two Representatives in the General Asserably, with this order on each: " In General Assembly October 19'". 1808, Read & referred to the joint Com mittee on the Petition of Asa Wheelock, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives sundry Petitions, to wit. One frora the heirs of Ebenezer Williaras praying for a hearing 'before the Judge of Probate of Hartford District, with this order thereon; "In General Assembly Oct, 19, 1808, Read & Referred to Mess"- P, Smith, Dewey & Norton, to join a Committee from the Council. Attest M. Post Clerk," and the same being read. Resolved, That M'- Chittenden join the above Com"" of the house. One, frora the Selectraen of the Town of Waterford, praying for an act to legalize their town records, wilh this order thereon; ''In Geueral Asseili'bly Oct, 19, 1808, Read & referred to Mess"- Aldrich, Fisk & E, Walker to join a Com" from the Council. Attest M. Post Clerk," and the same being read. Resolved, That M'- Langdon join the above Committee of the house, ' One, from Hugh Henry relative to the conduct of the Directors of the State Bank, with this order thereon; '-In General Assembly OctJ 19, 1808, Read & referred to the joint Committee on the memorial of John P, Williams. Att, M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. One, from Joseph Farrar, for relief on a Judgment in favor of the State against him, with this order, Governor and Council — October 1808, 203 thereon: "In General Assembly Oct. 19, 1808, Read & referred to the joint Committee on the Petition of Mary Giles. Attest M, Post Clerk,'' and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives sundry Petitions, to wit. One for a Land Tax on Duncansboro [Newport,] with this order thereon; "In General Assembly Oct. 19, 1808, Read & referred to the second joint land Tax Committee, Attest M. Post Clerk," and the sarae being read. Resolved, To concur with the house in their said refer ence. Also, two for land Taxes on Lutterloch & Coventry, with this order on each; '-In General Assembly Oct. 19, 1808, Read & Referred to the third joint land Tax Comraittee. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said refer ence. Also, one from Asa Bulkley praying compensation for appre hending Samuel I. Mott, a murderer; one from Johnson Richardson, for paynient of sundries furnished Cap'- John Vincent, a Poor Indian; and one from Silas Alger [jr.] & others for compensation, in apprehending Israel Everett, with this order on each; "In General Assembly Oct. 19, 1808, Read & referred to the joint Comraittee of Clairas. Attest M, Post Clerk, and the same being read. Resolved, To concur with the house in their said reference. Also, one from Silas Hathaway, for an act to suspend civil process against him for seven years, wilh this order thereon: "In General Assembly Oct, 19, 1808, read & referred to the joint Comraittee of Suspension. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, Petitions for the grant of Turnpike roads frora Burke to Canada line, from the mouth of the 1'- Branch of AVhite River to Washington, and one for an additional toll to the Randolph Turnpike, with this order on each: " In General Assembly Oct. 19, 1808, Read & referred to the joint Turnpike Com""- Att. M. Post Clk," and the same being read, Resolved, To concur with the house in their said reference. Adjourned to 9 O'clock Tomorrow morning. Thursday 9 O'clock A, M, The Council raet pursuant to adjournment. Received from the house of Representatives a remonstrance from the Inhabitants of Weathersfield against granting a Turnpike' road from Springfield to Chester, with this order thereon; "In General Assembly Oct. 19, 1808, Read & referred to the joint Turnpike Committee, At test M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives a Petition from the Town of Stowe praying to have the division of lands in said town ratifled, and a Petition from the Town of Lincoln for a Land Tax on Bristol, with this order on each: "In General Assembly Oct, 19, 1808, Read and referred to the flrst joint land tax Committee, Attest M, Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Received from the house of Representatives an act to revive part of an act laying a tax on the Town of Navy [Charleston] and Randon [Brighton;] an act in addition to an act laying a tax of two cents per acre on the town of Stamford; and an act to revive an act laying a tax on Enosburgh Gore, with this order on each; "In General Assembly Oct, 19, 1808, Bead and referred to the second joint land Tax Commitee, 204 Governor and Council — October 1808, Att. M. Post Clk," and the same being read. Resolved, To concur with the house in their said reference. The Coraraittee to whom was referred the bill Entitled "au act altering the narae of Elijah Stebbins Johnson to that of Lovwell Johnson," reported that the same ou.ght to pass, which report was not accepted, and on motion of M'- Langdon, Resolved, To nonconcur with the house in passing the same into a law, and Ordered, That M'. Lan,odon inform the house ofthe reasons of the Governor & Council for such nonconcur rence. The sarae bill was directly returned from the house of repre sentatives, again passed, & sent up for revision and concurrence or proposals of amendment, and on motion. Resolved, To concur with the house in passing said bill into a lavv. Adjourned to"2 O'clk P, M. 2 O'clock P. M. — Received from the house of Representatives the followiug message in writing; "In General Assembly Oct, 19, 1808, Resolved that this house concur with the Governor & Council in their proposed amendment tothe resolution appointing a time for the election of a Senator, And the resolution appointing a time for the election of the Judges of the Suprera.e Court, And the resolution appointii% a time for the Legislature to meet in County Conventions for the nomination of County officers, and in Joint Conimittee for the .Election of such Officers. Extract from the Journals. Att. M. Post Clerk." M'- Hutchinson, from the house, informed the Governor aud Council that the house of Representatives were now ready in their roora to pro ceed to ballot for a Senator to Congress, according to the concurrent resolution of both houses. Ordered, That the Secretary inforra the house of Representatives that the Governor & Council are also ready in their Chamber to proceed to ballot for a Senator to Congress according to the concurrent resolution of both houses. Resolved, That tbe Governor and Council do now proceed to ballot for some suitable person as Senator, to represent this State in the Con- ,gress of the 'United States for six years frora and after the third day of March next, pursuant to the concurrent resolution of both houses. And the ballots being taken, sorted & counted. The Hon"'" Daniel Chipman Esquire had a majority of all the votes and was declared duly elected on the part of the Council. M'- Hutchinson, from the House of Represent atives, inforraed the Governor and Council that the House had com pleted balloting for a Senator &c. and were now ready to meet the Gov ernor & Council in the Representatives' room for the purpose of com paring nominations and proceeding agreeably to law. The Governor and Council accordingly proceeded to the Representatives' room, when the above proceedings of the Governor & Council were read by their Secretary, and also the proceedings of the House of Representatives as follows by their Clerk: •' In General Assembly Oct. 20,1808, Pursuant to the concurrent resolution of both houses of the 19'" Instant, the Gen eral Assembly proceeded to ballot for a person to represent this State in the Senate of the United States for six years from and after the third day of March next. The ballots being taken, sorted & counted. The Hon'- Jonathan Robinson Esq'- was duly elected on the part ofthe Gen eral Assembly. Extract from the Journals, Attest M. Post Clerk." And it thereupon appearing that tbe two houses differed in their nomin ations, both branches then proceeded in joint Committee to ballot for some suitable person as Senator as aforesaid. Aud the ballots being taken, sorted & counted. The Hon'- Jonathan Robinson Esquire had a raajority of all the Votes and was declared duly elected. The Gover nor & Council then met the house in joint Committee, pursuant to the Governor and Council — October 1808. 205 concurrent resolution of both houses, for the purpose of electino- Judoes of the Supreme Court of Judicature & Court of Chancery for^the year ensuing, and the ballots being taken, sorted & counted. The Hon'- Royall Tyler Esq'- was duly elected Chief Judge, and Hon'- Theophilus Herrenton [Harrington] & Jonas Galusha Esquires Side or Assistant Judges. The Governor & Council then returned to their Chamber. The Hon'- Sarauel Fletcher Esq'- appeared in the Council Charaber, signified his acceptance ofthe offlce of Councillor, to which he had been elected by the Freemen, took & subscribed the necessary oaths, and was adraitted to a Seat. Adjourned untill 9 o'clock Tomorrow morning. Friday October 21'- 1808, 9 O'clk A. M, The Council raet pursuant to adjournraent. Pursuant to the concurrent resolution of both houses, the Governor and Council proceeded to the Representatives' roora, and raet the house in joint Coraraittee to receive the nominations of County offlcers and make the appointments of the same, and also to elect a Surveyor Gen eral, and having progressed in the sarae, the joint Coramittee was ad journed untill Wednesday morning next, at the opening ofthe house.' Received frora the house of Representatives the Petition of Mitchell Corliss, praying for an act to suspend civil process against him for the term of seven years, and one from W"- Champlin for an act to suspend civil process against him for five years, with this order on each: •' In Geueral Assembly Oct. 20, 1808, Read & referred to the joint Committee of suspension. Attest M. Post Clerk," and tbe same' being read, Re solved, To concur with the house in their said reference. Received from the House of Representatives sundry Petitions, to wit, One for a land tax on Kingston [Granville,] with this order thereon; 'In General Assembly Oct, 20, 1808, Read and referred to the Second joint land tax Committee. Attest M. Post Clerk," and the same being 'read, Resolved, To concur with the house in their said reference. Also, One for establishing a branch ofthe State Bank at S'- Albans, with this order thereon; "In General Assembly Oct. 20, 1808, Read and referred to the joint Committee on the bill in addition to an act eslablishing the State Bank. Attest M. Post Clerk," and the sarae being read. Resolved, To concur with the house in their said reference. Also, one frora Jacob Davis, for relief in his proceedings as Collector of a land tax, vvith this order thereon: "In General Assembly Oct, 20, 1808, Read and referred to the joint Committee on the Petition of Caldwell Moore. Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, one from sundry Inhabitants of Richraond for an alteration in the Winooski Turnpike Road; Oue fbr a Turnpike road frora Shoreham to Burlington; an act in addition to and alteration of an act establishing the Windham Turnpike Company &c. ; and an act in addition to and alteration of an act supplementary lo an act incorporating certain persons by the name of the Weatbersfield Turnpike Company, with this order on each; "In General Assembly Oct. 20, 1808, Read and referred to the joint Turnpike Comraittee. At test M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, The Petition of John Taplin for relief in a certain case therein mentioned; the Petition of Daniel Peasley for relief as Collector of Tunbridge Gore, and a Petition from ' Joseph Beeman jr, was elected Surveyor General, 206 Governor and Council — October 1808. Thomas Gustin, for payment for loss of land bought of Thomas Chand ler, Commissioner for the sale of conflscated E.states, with this order on each: "In General Assembly Oct, 20, 1808, Read and referred to the joint Coramittee of Claims. Attest M. Post Clerk," and the same be ing read. Resolved, To concur with the house in their said reference. Adjourned to 2 O'clock P, M, 2 O'clock P, M, — Received from the house of Representatives sun dry Petitions, to wit. The Petition of Samuel Frizzle, praying compen sation for arresting certain counterfeiters, with this order thereon: "In General Assembly Oct. 20, 1808, Read & referred to Mess"- P, Smith, Griswold & T, Hutchinson, to join a Committee from the Council, to take into consideration the propriety of passing a General act on the subject. Attest M. Post Clerk," and the same being read. Resolved, That M'- Fletcher join the above Committee of the house. Also, the Petition of "WilRam Trotter for legislative aid in erecting a Cotton & Woolen manufactory, with this order thereon; "In General Assembly Oct, 20, 1808, Read and referred to joint Coramittee on the Petition of Tho"- Todd & Son, Attest M, Post Clerk," and, the same being read. Resolved, To concur with the house in their said reference. Also, the Petition of David Ormsby & Gideon Ormsby for a new trial in the case of Samuel Hitchcock and others against Jon"- Ormsby deceased, with this order thereon; " In General Assembly Oct, 20, 1808, Read and re ferred to Mess"- T, Hutchinson, Hunter & Flagg, to join a Comraittee from the Council, Attest M. Post Clerk," and the same being read. Resolved, That M'- Buckingham join the above Committee of the house. Received from the house of Representatives sundry Petitions, to wit. The Petitions of the Inhabitants of Bradford, relative to the jurisdic tional line of said town, with this order thereon: '- In General Assem bly Oct, 20, 1808, Read and referred, together with all the enclosed and accompanying Papers, to Mess"- Barney and Luce to join a Committee from the Council, Attest M, Post Clerk," and the'same being read. Resolved, That M'- Fletcher & M'- Hatch join said Com" of the house. Also, The Petition of Bradley & Moses "Wilson for a relief on a recog nizance by thera entered into, with this order thereon; " In General As sembly Oct. 21, rS08, Called up & referred to the joint Committee on the petition of Mary Giles, Attest M. Post Clerk,'' and the sarae being read. Resolved, To concur with the house in their said reference. Also, The Petition of Benj>- Brock, for relief as flrst Constable of New bury, against the land Tax of last session, with this order thereon; "In General Assembly Oct. 21, 1808, Read and Referred to the joint Cora mittee on the Petition of Caldwell Moore. Attest M, Post Clerk," and the sarae being read. Resolved, To concur with the house in their said reference. Also, The Petition of Benj" Brock, First Constable of Newbury, for relief against a mistake of the Grand list of said Town of 1807, with this order ihereon; "In Gen'- Assembly Oct. 21, 1808, Bead & referred to the joint Coraraittee of Claims. Attest M. Post Clerk," and the sarae being read. Resolved, To concur with the house in their said reference. Also, The Petition of .the Inhabitants of Middlebury falls, for the Incorporation of a Fire Corapany, with this order thereon; " In General Assembly Oct, 21, 1808, Read & referred to Mess'- Fergu son, Hoyt & Shepard to join a Committee from the Council. Attest M. Post Clerk," and the same being read. Resolved That M'- Fletcher join the above Committee ofthe house. Also, The Petition ofthe Waltham Turnpike Company for an alteration in said road, with this order thereon: "In General Assembly Oct, 21, 1808, Read & referred tothe Governor and Council — Octoher 1808, 207 joint Turnpike Committee, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, the Petition of Israel Grosvenor, praying compensation for tirae em ployed in detecting counterfeiters, with this order thereon; " In General Assembly Oct. 21, 1808, Read & referred to the joint Committee on the Petition of Samuel Frizzle, Attest M, Post Clerk," and the same be ing read. Resolved, To concur with the house in their said reference. In Council, at Montpelier, October 21'. 1808, Present His Honor Paul Brigham Esq'- L'- Governor; Ofthe Council, The Hon"'"- Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon Miller, Zerah Willoby, Asa Lyon, Sapiuel Fletcher, Reuben Hatch, Jed, P, Buckingham, Daniel Dana, John Elsworth & Noah Chittenden, Esq'"- William Page Jun'- Sec^- Jos. Armington Sheriff. The L'- Gov ernor & Council took under consideration the Petition of Abel Platt of Rutland, stating That at the Suprerae Court of Judicature, begun & holden at Rutland, within & for the County of Rutland on the Tuesday next following the Fourth Tuesday of January A, D, 1808, he was in dicted and convicted of the crime of counterfeiting Bank Bills, and was sentenced to be whipped thirty nine stripes, and pay a flne of ten dol lars with costs of prosecution, that the s"- whipping has been inflicted, and the s"- flne and costs secured, that the s"- Petitioner is allraost wholly destitute of property, is fifty seven years old, has an infirm wife and five small children, and praying that the only- stain upon his hith erto fair reputation may be removed, and that this Honorable body would pardon the disabilities consequent to the afores" conviction and infamous Punishment, And after hearing evidence on the part of said Petitioner and Counsel in his behalf, on motion of M'- Langdon, Or dered, That the further consideration of the foregoing Petition be re ferred to the next session ofthe Governor & Council. Adjourned to 9 O'clock Toraorrow morning. Saturday, October 22"". 1808, 9 O'clock A. M. The Council met pursuant to adjournment. Received from the house of Represeutatives sundry Petitions, to wit, A Petition from the town of Barton for a land tax on said Town, with this order thereon: "'In General Assembly Oct. 21, 1808, Read & referred to the third joint land tax Committee. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, the Petition of Silas Remington to be restored to his law, with this order thereon; "In General Assembly Oct. 21 1808, Read and referred to Mess"- Galusha, Danforth & Graves to join a Cora mittee from Council, Attest M. Post Clerk," and the same being read, Resolved, That M' Buckingham join the above Coramittee of the house. Also, The Petition of the town of Barton for a right of land granted to John Paul Jones,' with this order thereon: "In General Assembly Oct, 21, 1808, Read and referred to Mess"- Barney, Carap bell, & R, Parker to join a Committee from Council. Attest M. Post Clerk." and the same being read, Resolved, That M'- Fletcher join the above Committee of the house. Received from the house of Representatives an act directing the Treasurer to pay Benj"- Miner Ju'- the sum therein mentioned, with this order thereon: '.'In General Assembly Oct, 21, 1808, This bill was brought in on motion & leave of M'- Rich, read & referred to the joint Committee of Claims, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference, ' Not the admiral, but a Scotchman of Rhode Island, 208 Governor and Council — October 1808. Received from the house an account in favor of Joseph Edson against the State, with this order thereon: "In General Assembly Oct. 21, 1808. Read & referred to the joint Committee on the Petition of Sam' Frizzle. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received frora the house of Representatives sundry Petitions, to wit. The Petition of John McMurphy, praying for an act freeing his body frora arrest for the terra of five years, with this order thereon; "In General Assembly, Oct, 21, 1808. Read and referred to the joint Com mittee of suspension. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also The Petition of John B. Catlin & "W""- Fuller for an alteration in the Fair haven Turnpike road, with this order theron: "In General Assembly Oct, 21, 1808, Read and referred to the joint Turnpike Committee. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, the Petition of E, Beards ley & E, Hatch for the exclusive privilege of keeping a ferry from Middle Hero to North Hero, with this order thereon; "In General Assembly Oct. 21, 1808. Read & Referred to the joint Coramittee on the Petition of Benj"- Bell. Attest M. Post Clerk," and the sarae being read. Resolved, To concur with the house in their said reference. In Council, at Montpelier, October 22, 1808. Present, His Honor Paul Brigham, Esq'- L'- Governor; Of the Council, The Hon"'"- Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon Miller, Zerah Willoby, Asa Lyon, Sarauel Fletcher, Reuben Hatch, Jed. P. Buckingham, Daniel Dana, and Noah Chittenden, Esquires. Wil liara Page, Jun'- Secretary, Jos. Armington, Sheriff. The L'- Governor and Council took under consideration the Petition of Beniah Wood ward, stating that at an adjourned term ofthe Supreme Court of Judica ture begun & held at Woodstock, within & for the County of Windsor on the day of Septeraber A. D. 1807, the said Petitioner was tried & convicted ou an indictment for passing counterfeit Bank Bills, and was then and there sentenced by said Court among other things to be whipped on the naked back thirty nine stripes, to be imprisoned two years, pay a fine of ten dollars, together with costs of prosecution taxed at 136.87" and stand committed untill sentence be complied with; that the corporeal part of said punishment has been inflicted upon said Peti tioner, that by repeated misfortunes he is reduced to indigent circum stances, that his health is much impaired by long confinement, that his wife is infirm and unable to support herself, that his aged Parents are poor and unable to support themselves, and must together with his wife & children be chargeable to Society, unless the said Petitioner is liberated from conflnement; that the s"- Petitioner, being seduced by evil minded men, had just commenced the nefarious trafflc for which he now suffers, and that in the whole course of his life he had never passed more than fifteen dollars of counterfeit money; and Praying this Honor able body to take his case into their mercitul consideration, and grant hira relief, by remitting and pardoning the reraainder of his said impris onment, together with the fine & cost aforesaid. And, on the question, shall the remainder of the imprisonment, imposed as afores''. by the Court afores". on the s" Beniah Woodward, be pardoned & remitted, The Yeas & nays being required, were as follows. Yea, M'- Willoby— !• Nays, M'- Keyes, M'- Langdon, M'- Chipman, M'- Miller, M'- Lyon, M'- P'letciier, M'- Hatch, M'- Buckingham, M'- Dana & M'- Chittenden— 10. Whereupon after hearing evidence on the Part of the said Petitioner and Counsel in his behalf and mature deliberation being had thereupon, Governor and Council — Octoher 1808, 209 It is Ordered and Adjudged, That the remainder of ihe imprisonment afores". imposed by the Court afores"' on the s" Beniah Woodward be not pardoned & remitted, and on Motion, It is further Ordered, That the said Petitioner have leave to withdraw his Petition. Adjourned to 2 Oclock P, M, 2 O'CLOCK P, M,— An Engrossed Bill, passed in the house of Repre sentatives, Entitled An act to suspend civil process against George Sturtevant for the term of flve years, was sent up for revison and con currence or proposals of amendment, and the sarae being read. Re solved, To concur with the house in passing said bill into a law. Received frora the house of Representatives sundry Petitions, to wit. The Petition of John Scott & W""- Spencer for an act of Insolvency, with this order thereon: "In General Assembly Oct, 22, 1808, Read & referred to Mess"- Ormsbee, A, Robinson & W, Child, to join a Cora mittee from the Council, Attest M. Post Clerk," and the same being read Resolved, That M'- Miller join the above Conimittee of the house. Also, The Petition of Aaron Porter and others, for the grant of a Turn pike Road frora Danville Court House to the House of P, Dow in Rye gate, witli. this order thereon: "In General Assembly Oct, 22, 1808, Read & referred to the joint Turnpike Coramittee, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, The Petition of Aaron Porter and others, for a Branch of the State Bank at Danville, with this order thereon; "In General Assembly Oct'- 22, 1808, Read & referred to the joint Com raittee on the bill in addition to an act establishing a State Bank, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Also, the Petition of Freeraan Vining, and the Petition of Janies Bangs, both praying for corapensa tion in apprehending Counterfeiters, with this order on each; "In Gen eral Assembly Oct'- 22, 1808, Read and referred to the joint Committee, on the Petition of Sam'- Frizzle, Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference, . Adjourned untill 9 Oclock Monday morning. Monday, October 24'". 1808, 9 O'clock A, M, The Council met pursuant to adjournment, and Adjourned untill 2 O'clock P, M, 2 O'clock P, M. — Received from the house of Representatives the following resolution: "In General Assembly Oct. 22, 1808, Resolved that that part of the Governor's speech relating to organizing & Gov erning the Militia be referred to a Committee of three, to join a Com mittee from the Council, Members chosen frora the house, Mess"- Morris, Cahoon & Norton, Extract frora the Journals, Attest M. Post Clerk," andthe same being read. Resolved, That M'- Fletcher join the above Comraittee of the house. Also, this resolution: "In General Asserably Oct, 22, 1808, Whereas some deficiency is supposed to exist iu the Militia laws of this State, relating to the governing part thereof, Therefore resolved. That a Committee of three members be appointed from this house to take into consideration the several laws of this State regulating & governing the Militia thereof, to see if any & what altera tions ought to be made therein, & make report of the same to this house. Introduced by M'- Norton, read & referred to the joint Comraittee on that part of the Governor's speech relating to the Militia, Extract 14 210 Governor and Council — OcioSer 1808. from the Journals, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives accounts in favor of Dan'- Peaslee and others against the State for services rendered in appre- hendino Counterfeiters, with this order thereon: "In General Assembly Oct 22° 1808 The enclosed accounts were referred to the joint Com mittee on the Petition of Sam'- Frizzle. Att. M, Post Clerk," and the same being read. Resolved, To concur with the house in their said Received from the house of Representatives a Petition from the President & Directors of the Hubbardton Turnpike Company, praying that the toll on pleasure carriages may be lowered, with this order thereon: "In General Assembly Oct, 22, 1808, Read & referred to Mess"- Rich, Fisk & Crowley to join a Committee from Council, Attest M, Post Clerk," and the sarae being read. Resolved, That M'- Langdon join the above Com" from the house. Received as above the following resolution: "In General Assembly Oct, 22, 1808, Resolved that his Excellency the Governor, by and with the advice of Council, be requested to appoint Thursday the ei.ghth day of Deceraber next to be .observed as a day of public Thanksgiving and praise throughout this State, Extract frora the Journals, Attest M. Post Clerk," and the sarae being read, Resolved, That the Council advise his Excellency to issue his Proclaraation accordingly. Received flora the house of Representatives the Petition of Elihu Smith and others for a division of the town of Huntsburgh [Franklin,] with this order thereon: "In General Asserably Oct. 24,1808. Read and referred to Mess"- Hubbard, J. Clapp & Willoughby to join a Com mittee from the Coqncil. Attest M. Post Clk." and the same being read. Resolved, That M'-Willoby join the above Committee, Adjourned to 9 O'clock Toraorrow morning. Tuesday October 25'"- 1808, 9 Oclock A, M. The Council met pursuant to adjournment. Received again from the house oif Representatives the Petition of Mary Giles, with this new order thereon: "In General Assembly Oct. 24, 1808. Report read and accepted. Vote reconsidered & the Petition recommitted to the same joint Comfnittee, Attest M, Post Clerk," and the sarae being read, Resolved, To concur with the house in their said recomraittment. Received from the house of Representatives a bill referred from the last session ofthe Legislature Entitled an act granting relief to Stephen Woodward, with this order thereon: "In General Assembly Oct. 24, 1808, Read and referred to the joint Committee of suspension. Attest M, Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. An Engrossed bill, passed in the House of Representatives, Entitled an act in addition to and alteration of an act laying a tax of three cents per acre on the Township of Montgoraery & three cents per acre on Avery's Grant, was sent up for revision & concurrence or proposals of araendraent, and the sarae being read, Resolved, To concur with the house in passing said bill into a law. Received from the house an account in favor of Joseph Beeman J'- Surveyor General against the State, with this order thereon; "In Gen eral Assembly Oct. 24, 1808, Read & referred to the joint Committee Governor and Council — October 1808, 211 of Claims, Attest M, Post Clk," andthe same being read. Resolved, To concur with the house in their said reference. Adjourned to 2 O'clk P, M. 2 O'clock P, M,— An Engrossed bill, passed in the house of Repre sentatives, Entitled An act to free the body of William Champlin from arrest and imprisonment on civil process for the terra of four years was sent up for revision &c, & being read. Resolved, To concur with the house in passing said bill into a law. Adjourned to 9 O clock Tomorrow morning. Wednesday, [Oct, 26, 1808,] 9 O'clock A, M, The Council met pursuant to adjournraent. An Engrossed bill, passed in the house of Representatives, Entitled "An act granting a reprieve to Cyrus B. Dean," was sent up for revision and concurrence or proposals of amendment, and the same being read. Ordered, That the sarae be referred to Mess"- Chipraan & Langdon, The following bills, passed in the house of Representatives, were sent up for revision and coneurrence or proposals of amendment: "An act altering the names of Samuel Hogg, Thomas Hogg, Robert Hogg and John Hogg," and "An act directing the Treasurer to credit the town of Monkton the sum of seven dollars & thirty two cents," and the same being severally read and considered. Resolved, To concur with the house in passing the sarae into laws. Received frora the house of Representatives the Petition of Joseph Arraington, Sheriff of Caledonia County, praying remuneration for the payraent of several suras of raoney advanced on account of several State prisoners, with this order thereon: "In General Assembly Oct'- 26, 1808, Read and referred to the joint Comraittee of Clairas, Attest M, Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Received frora the House of Representatives a bill Entitled "An act to revive an act laying a Tax on the town of Readsboro'," with this order thereon: "In General Assembly Oct, 25, 1808, This bill was brought in, on motion and leave by M'- Bailey, and referred to the second joint land Tax Committee, Attest M, Post Clk." and the same heing read. Resolved, To concur with the house in their said reference. Received from the house of Representatives a Petition from sundry Inhabitants of Sherburne, praying relief against a road Tax granted last session ofthe Legislature, with this order thereon; "In General Assem bly Oct, 24, 1808, read and referred to Mess"- Crowley, Taber & J. Leach, to join a Committee frora the Council. Attest M. Post Clk," and the same being read. Resolved, That M'- Keyes join the above Committee frora the house. Received firom the house of Representatives Ihe Petition of Jos, Bar nett and others, praying for the grant of a Turnpike road from Newbury to Craig's Mills, wilh this order thereon: "In General Assembly Oct'- 26, 1808, Read & referred to the joint Turnpike Comraittee, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Pursuant to adjournment, the Governor and Council proceeded to the Representatives' room and met the house in joint Coramittee for the purpose of compleating the elections of County offlcers for the year en suing, and having raade progress therein, the joint Comraittee was adjourned untill Friday next, at ten O'clock A, M, The Governor and Council returned to their Chamber and Adjourned untill 2 O'clock P. M. 212 Governor and Council — October 1808. 2 O'clock P, M, — The Hon"'"- Royall Tyler appeared in the Council chamber and took the necessary oaths as Chief Judge of the Suprerae Court of Judicature & Court of Chancery for the year ensuing. Received frora the house of Representatives a bill entitled An act establishing a Corporation bythe name ofthe Vergennes and Willsboro [N, Y,] Turnpike Company, with this order thereon; " In General As sembly Oct'- 26, 1808, Read and recommitted to the joint Turnpike Com mittee for the purpose of filling the blanks. Attest M. Post Clk." and the s" order being read. Resolved, To concur with the house in said re comraittment. The Committee appointed on the bill Entitled "An act granting a reprieve to Cyrus B, Dean," reported that the sarae ought to pass with sundry araendments. On Motion, M'- Amos Marsh & M'- Bates Turner were admitted and heard as counsel on the part of said Dean. The yeas & nays being required on the passage of said bill, with the amend ments proposed, were as follows: Yeas, M'- Langdon, M'- Miller, M'- Willoby, M'- Fletcher, M'- Dana & M'- Elsworth— 6; Nays, M'- Brigham, M'- Keyes, M'- Chipman, M'- Lyon, M'- Hatch, M'- Buckingham & M'- Chittenden — 7 : so the s" bill was nonconcurred as amended, and on motion, Ordered, That the same lie on the table untill tomorrow morn ing. Adjourned untill 9 O'clock Tomorrow morning. Thursday October 27*- 1808, 9 O'clock A, M. The Council met pursuant to adjournment. The Governor & Council again took under consideration the bill Entitled "an act granting a reprieve to Cyrus B, Dean," and being read was amended, and on the question of concurrence as amended, the yeas and nays being required, were as follows, to wit; Yeas, M'- Brigham, M'- Keyes, M'- Miller, M'- Willoby, M'- Hatch, M'- Fletcher & M'- Buckingham — 7; Nays, M'- Langdon, M'- Chipman, M'- Lyon, M'- Dana, M'- Elsworth & M'- Chittenden — 6: whereupon Resolved, To concur with the house in passing said bill into a Law, with these proposals of amendment: "In the 1"' Section, 6'" line, erase the words "last Friday ofFebruary," and insert "second Friday of November;" erase from tho word "next" in the 5'" line of same section to the word "and" in the 15'" line, and insert in lieu thereof, "and on the said second Friday of No vember between the hours often in the forenoon and three in the after noon of said day, the said Sheriff' of Chittenden County for the time being, or the High Bailiff, acting as such, shall proceed in the Execution of said warrant, in the same manner as would have been his duty to have done, in case the time of executing said warrant had not been altered or suspended by this act," In the 2" Section, erase in the 8'"& 13'" lines the words " said Sheriff" and insert the words '' Sheriff of said Chittenden County for the time being, or the High-Bailiff acting as such," Ordered, That Gov'- Brigham acquaint the house with the reasons of Council in proposing said amendments, ^ ' Dean was one of the party on the smuggling vessel '' Black Snake," and had been convicted, in the supreme court, of the murder of Jona than Ormsbee and Asa Marsh, who were of the custom-house force, for which he had been sentenced to be hung on the 28th of Ociober 1808. The act reprieved him until the llth of the succeeding November, when he was executed at Burlington, Governor and Council — October 1808. 213 Received again from the house of Representatives the Petition of N, Fletcher J'- & Lewis Pratt, with this new order thereon; "In General . Assembly Oct'- 26*"- 1808, recommitted with the bill accompanyino- to the former joint Committee, Attest M, Post Clerk," and the said order being read. Resolved To concur with the house in their said recoraraittraent. Received again from the house of Representatives, the Petitions of Enos Silsbee, of .Toseph Armington, of Asa Bulkley, and of Silas Alger Ju'- & others, with this new order on each: " In General Assembly Oct'- 26, 1808, Received from the Committee of claims and referred to the joint Committee on the Petition of Sam'- Frizzle. Attest M. Post Clerk," and the said order being read. Resolved, To concur with the house in their said reference. Received frora the house of Representatives the Petition of William Chamberlin & others, and a Petition for the grant of a Turnpike road frora Craig's mills to Connecticut River, with this order thereon: "In General Assembly Oct'- 26'". 1808, Read & referred to the joint Turnpike Coramittee, Attest M. Post Clk," and the same being read. Resolved, To concur with the house in their said reference. The following written message was received from the house of Repre sentatives; "In General Assembly Oct'- 27, 1808, Resolved, That the house concur with the Governor & Council in their proposed araend ments to the bill entitled "An act granting a reprieve to Cyrus B, Dean," and the bill has becorae a law. Attest Martin Post Clerk," "In Council, at Montpelier, Oct'- 27, 1808, Present His Excellency Isaac Tichenor Esquire Governor; His Honor Paul Brighara Esquire L«- Governor; Of the Council, The Hon'" Elias Keyes, Daniel Chipman, Chauncey Langdon, Asa Lyon, Zerah Willoby, Samuel Fletcher, Reu ben Hatch, .Jedediah P. Buckingham, Samuel Miller, Daniel Dana, John Elsworth and Noah Chittenden Esquires, William Page Jun'- Secre tary, The Governor & Council took under consideration the Petition of David Sheffield, stating that at the session of the Supreme Court of .Tudicature, specially holden at Burlington within & for the County of Chittenden on the 23" day of August last, he was convicted ofthe crime of manslaughter, and that he now reraains in confinement, to bear the sentence of the law, and praying that the Governor & Council would most graciously pardon his said offence — and after hearing the Counsel in behalf of the said Petitioner, it was Ordered, unanimously, that the said Petition be dismissed," Adjourned untill 2 O'clock P, M. 2 O'clock P, M,— An Engrossed Bill, passed in the house of Repre sentatives, Entitled "An act extending the time of the collection of the Cent Tax in the town of Woodford," was sent up for revision and con currence or proposals of amendment, and the same being read. Ordered, That it be referred to M'- Miller, The following Engrossed bills, past in the house of Representatives, were sent up for revision &c, viz, "An act for the benefit of the Over seers of the Poor of the Town of Grafton," and " An act in addition to and in alteration of an act incorporating certain persons therein named by the name of the Weathersfield Turnpike Company," and the sarae being severally read. Resolved, To concur with the house in passing them into La-ws. On raotion, M'- Chipraan obtained leave to introduce a bill Entitled "an act in addition to an act Entitled an act appointing a Committee to 'Sheffield was one of the crew ofthe smuggling vessel "Black Snake." 214 Governor and Council — October 1808. lay out and survey the road therein mentioned, passed Nov. 7, 1807," and the same being read and considered. Resolved, That the same do pass, and Ordered that the same be engrossed and sent to the General Assembly for their concurrence. Received again from the house of Representatives a Petition from the Inhabitants of Pittsfield with this new order thereon: "In General Assembly Oct'- 27, 1808, recommitted to the first joint land Tax Com'"- Attest M, Post Clerk," and the s" order being read, Resolved, To concur with the house in their said recommitment. On motion, M'- Chipraan obtained leave to introduce a bill Entitled "an act in addition to and araendraent of an act Entitled an act to repeal a certain act and parts of an act therein mentioned, passed Oct'- 24'". 1807," and the same being read. Resolved, That the same be referred to M'- Chipman to join a Coramittee from the General Assembly. Adjourned untill 9 O'clock Tomorrow morning. Friday, October 28*. 1808, 9 O'clock A. M. The Council met pursuant to adjournment. A bill, passed in the house of Representatives, Entitled "An act granting certain privileges to the Waltham Turnpike Corapany," was sent up for revision &c. read & Resolved, To concur with the house in passing said bill into a law. Received from the house of Representatives An act reviving an act laying a tax of three cents per acre on the town of Huntsburgh [Frank lin,] with this order thereon; "In General Assembly Oct'- 27, 1808, This bill was bro' in on motion & leave by M'- Hubbard, read and referred to the third joint land tax Committee. Att. M, Post Clerk," and the sarae being read. Resolved, To concur with the house in their said reference. Received Irom the house of Representatives " an act directing the Treasurer to credit Josiah Burton, first constable of Manchester, the sum therein mentioned," with this order thereon; — "In Gen' Assembly Oct'- 27, 1808, This bill was brought in on motion & leave by M'- Pratt, read and referred to the joint Comraillee of Claims, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives ''an act relating to a land tax on Middlesex," with this order thereon; "In General Assembly Oct'- 27, 1808, This bill was brought in, on motion & leave by M'- Put nam, read & referred to the first joint land tax Committee, Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference, Ou Motion, M'- Langdon obtained leave of absence untill Wednesday morning of next week. Adjourned to 2 O'clk P, M, 2 O'CLOCK P, M,— Received from the house of Representatives the following resolution: "In General Assembly Oct, 28, 1808, Resolved, That this liouse do concur with the Governor & Council in passing into a law the bill Enlitled "An act in addition to an act Entitled an act appointing a Coramittee to lav out and survey the road therein men tioned, passed Nov, 7, 1807," "Attest M, Post Clerk." Received frora the house of Representatives "an act directing the Treasurer to pay Daniel Oatman the sum therein mentioned," also "an act directing the Treasurer to pay the sums therein mentioned," with this order on each: "In General Assemblv Oct'- 28, 1808. Read and Governor and Council — Octoher 1808. 215 referred to Mess"- Pratt, Otis & E. Walker to join a Committee from the Council: Attest M. Post Clerk," and the same being read. Resolved, That M'- Elsworth join the above Conimittee from the house. Received from the house of Representatives the account of Caleb Fisk, referred to the General Asserably by the auditor of accounts against the State, with this order of the house thereon: "In General Asserably Oct'- 28, 1808. Read and referred to the joint Committee on the Petition of Samuel Frizzle. Mes"- Griswold and T. Hutchinson ex cused from said Comraittee and Mes'- Denison & Holden appointed in their roora. Att'- M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Adjourned untill 9 O'clock Tomorrow morning. Saturday October 29, 1808, 9 O'clock A. M. The Council met pursuant to adjournment. Received again from the house of Representatives the Petition of Si las Remington, with this new order thereon : "In General Assembly Ocf^- 28, 1808. Report read & rejected, and on motion ordered that the Peti tion be recommitted to the former joint Coramittee, and the Committee directed to report whether it be proper to pass an act allowing the Petitioner the poor debtor's oath. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in said recomraittment. The following Engrossed bills, passed in the house of Representa tives, were sent up for revision &c. viz. "An act to revive and continue an act Entitled an act laying a tax of one cent & five mills per acre on Enosburgh Gore, passed Oct'- 26, 1807," "An act in addition to an act laying a tax of two cents per acre on the town of Staraford, passed Oct. 26, 1807," and "An act to discharge Nathan Fletcher Ju'- & Lewis Pratt from the payment of a sum of money therein mentioned," and the same being severally read, Resolved, To concur with the house in passing said bills into laws. On Motion, Ordered, That Gov'- Brigham join the Committee of Sus pension, in the room of M'- Langdon absent on leave. Adjourned to 2 O'clk P. M. 2 O'CLOCK p. M. — There being no business before the Governor and Council, Adjourned untill 9 O'clk Monday morning. Monday October 31, 1808, 9 O'clock A. M. The Council met pursuant to adjournment. The following Engrossed bills, passed in the house of Representa tives, were sent up for revision and concurrence or proposals of amend ment, viz. "An act directing the Treasurer to pay the flrst Constable of Athens the sum therein mentioned," " An act directing the Treasurer to credit Joshua Barron Jun'- flrst constable of the Town of Bradford, the sum therein mentioned," " An act to revive an act Enlitled an act laying a Tax on the town of Readsboro', passed Oct'- 20, 1807," and "An act in addition to an act constituting and appointing a Company of Vol unteers in Dummerston," and the same being severally read & consid ered. Resolved To concur with the house in passing them into laws. An Engrossed bill, passed in the house of Representatives, Entitled " An act directing the Treasurer to pay Malachi Wittum & Witherell Wittum the sum therein mentioned," was sent up for revision &c, and the same being read. Ordered, That it be referred to M'- Lyon, 216 Governor and Council — Novemher 1808, On motion, M'- Keyes obtained leave to introduce a bill Entitled "An act to repeal an act Entitled an act laying a tax of two cents per acre on the ..Township of Piltsfield,'passed Nov. 5, 1807," and the same being read, Ordered, That it be referred to Gov. Brigham, to join a Commit tee frora the house. Received frora the house of Representatives a bill Entitled " an act to revive an act laying a tax of three cents per acre on the town of Hop kinville" [Kirby,] with this order thereon; " In General Asserably Oct'- 29, 1808, This bill was bro' in on motion & leave by M'- Fyler, read and referred to the third joint' land tax Conimittee, Attest M, Post Clk," and the same being read. Resolved, To concur with the house in their said reference. Adjourned to 2 O'clock P. M. 2 O'clock P. M, — Received from the house of Representatives A bill Entitled an act to repeal an act therein mentioned, with this order thereon; "In General Asserably Oct'- 31'- 1808, This bill was bro' in on motion & leave by M'- J, Fuller, read & referred to the joint Committee on the Petition of sundry Inhabitants of Sherburne. Attest M. Post Clk,'' and the sarae being read. Resolved, To concur with the house in their said reference. Adjourned untill 9 O'clock Tomorrow morning. Tuesday November 1'. 1808, 9 O'clock A, M. The Council met pursuant to adjournment. Received frora the house of Representatives An act tp revive an act laying a Tax on Duxbury, with this order thereon: "In General As sembly Oct'- 31"'- 1808, This bill was bro' in on motion & leave by M'- Corse, read & referred to the first joint land tax Coramittee, Attest M, Post Clerk," and the same being read. Resolved, To concur, with the house in their said reference. Received from the house of Representatives the petition of David Richardson, for a new trial, with this order thereon: "In General As serably Oct'- 31'. 1808, Read & Referred to the joint Conimittee on new Trials Attest M, Post (;ierk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives a bill Ent'" An act to revive an act laying a tax of three cents per acre on the town of Concord, with this order thereon; "In General Assembly Oct'- 31'. 1808, This bill was bro' in on motion and leave by M'- Wetherbee, read and referred to the third joint land tax Coraniittee, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives an Old Treasurer's note with this order thereon; "In General Assembly Oct'- 31, 1808, Referred to the joint Committee on Clairas. Attest M. Post Clerk," and the s" order being read. Resolved, To nonconcur with the house in said refer ence, and Ordered That M'- Chipman inform the house of the reasons of the Governor & Council for such nonconcurrence. The Committee on the bill P^ntitled "An act directing the Treasurer to pay Malachi Wittum & Witherell Wittum the sum therein men tioned," reported that said bill ought not to pass, and afler hearing the Petitioners in support of their claim. Resolved, To nonconcur with the house in passing said bill into a law, for the following reasons: For that the s" Petitioners having been called on, & having appeared have pro duced no evidence to prove the facts on which they have founded their Governor and Council — Novemher 1808. 217 claim against the state. And for that if the Facts were true as stated by the Petitioners, yet no legal or equitable claim against the state could be thereon predicated. And for that the Legislature ought not, in consideration of the Petitioners' indigent circumstances alone, to grant them any sum of money .whatever. Adjourned to 2 O'clk P. M. 2 O'CLOCK P. M,— Received from the house of Representatives a bill Entitled an act in behalf of the flrst constables of North & South Hero with this order thereon: -'In General Assembly Nov, 1,1808, This bill was bro' in on motion & leava by M'- G, Robinson, read & referred to Mess"- G, Robinson, Lyon & Kimball to join a Committee from the Council, Attest M, Post Clk." and the same being read, Ordered, That M'- Buckingham join the above Com" of the house. The following Engrossed bills, passed in the house of Representatives, were sent up for revision & concurrence or proposals of araendraent, viz. "An act to enable the Inhabitants of the third school district in Burlington, and South Eastern school district in Colchester, to unite their schools;" "An act to revive an act laying a tax of three cents per acre on Huntsburgh, passed the 29'" Day of Oct'- A. D. 1807;" "An act to revive an act Entitled an act laying a tax of three cents per acre on the town of Ludlow, passed Oct. 27'" 1807;" "An act in addition to an act Entitled an act to revive aland tax on the town of Middlesex, passed Oct'- 27, 1807," and " An act directing the Treasurer to pay the sums therein mentioned," and being severally read & considered. Resolved To concur with the house in passing thera respectively into laws. In Council, at Montpelier, Nov, 1, 1808. Present, His Excellency Isaac Tichenor Esquire Governor; His Honor Paul Brigham Esquire, L' Governor; of the Council, The Hon"'" Daniel Chipman, Solomon Miller, Asa Lyon, Zerah Willoby, Sarauel Fletcher, Reuben Hatch, Jed, P. Buckingham, Daniel Dana, John Elsworth and Noah Chittenden Esquires: Williara Page Jun' Sec^- -The Governor & Council took under consideration the Petition of James Perry of Plymouth in the County of Windsor, slating that at the Suprerae Court of Judicature holden at Woodstock within & for the County of Windsor on the third Tuesday of August A. D. 1802, he was iudicted for the crirae of perjury, in taking the oath prescribed by law for insolvent debtors, and was convicted on said indictment, and praying that the Governor & Council would so far pardon him the said James for the crime afores" as to restore hira to the priviledge of .giving testimony under oath in Courts of law; and, after evidence in su[)port of said Petition, Ordered, That . the sarae lie on the table. Adjourned untill 9 O'clock Tomorrow morning. Wednesday, November 2, 1808, 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 & concurrence or proposals of amendment, viz. "An act directing the Treasurer of the State to pay the flrst Constable of New bury the sum therein mentioned;" "An act directing the Treasurer to pay to Enos Silsbee the sum therein mentioned," aud, "An act directing the Treasurer of this state to pay to Joseph Armington the sum therein raentioned," and the said bills being severally read and considered, Re solved, To concur with the house in passing them respectively into laws. Received from the house of Representatives an act directing the Sur veyor Geueral to survey and establish certain town lines, with this order 218 Governor and Council — Novemher 1808. thereon: "In General Assembly Nov, 1, 1808, This bill was bro'- in on motion and leave by M'- Eddy, read & referred to Mess"- Potter, Durfey & Ormsbee, to join a Committee from the Council, Att, M, Post Clk." and the same being read. Ordered, That M'- Miller join the above Com mittee of the house. Received from the house of Representatives a bill Entitled An act directing an endorsement on a certain note payable to the State's Treas urer, with this order thereon: "In Gen'- Asserably Nov. 1, 1808. This bill was bro'- in on motion & leave by M'- Brown, read & referred to the joint Committee on the Petition of Sam'- Frizzle. Attest M. Post Clerk," and the sarae being read. Resolved, To concur with the house in their said reference. The following Engrossed bills, passed in the house of Representatives, were sent up for revision &c, viz, "An act granting to Heman Allen the exclusive privilege of building a toll Bridge across Missisquoi River," and "An act granting to Joseph Robinson and others the ex clusive privilege of building a toll bridge over Missisquoi River in Swanton," and the same being read, .Ordered, That they be referred to M'- Chipman to report amendments. The Committee on the bill Entitled "An act extending the time of the collection ofthe cent tax in Woodford" reported that the sarae ought to pass without amendment, whereupon Resolved, To concur with the house in passing said bill into a law. Received frora the house of Representatives a bill Entitled "an actio revive an act assessing a Tax on the town of Hardwick," and "an act reviving an act laying a tax of three cents per acre on the town of More- town," with this order on each: "In General Assembly Nov. 2, 1808. Brimght in on leave and referred to the third joint land tax Coramittee. Attest M. Post Clerk," and the same being severally read. Resolved, To concur with the house in their said referencej Received from the house of Representatives accounts in favor of Harry Hale & William Farrar' against the State, referred from the Auditor of Accounts against the State to the General Asserably, with this order on each : " In General Asserably Nov. 2, 1808, Read and Re ferred to the joint Coramittee on the Petition of Samuel Frizzle, Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. On raotion. Ordered, That M'- Chittenden join the Turnpike Com mittee on the part ofthe Council, in the room of M'- Keyes, Adjourn'd to 2 O'clock P, M, 2 O'CLOCK P. M.— Received from the house of Representatives the Petition of Royall Crafts for the payment of an old state note, with this order thereon: "In General Assembly Nov. 2, 1808, Read and referred to the joint Committee of Claims, Attest M. Post Clerk," and the sarae being read, Resolved, To concur with the house in their said reference. Received again from the house of Representatives the Petition of Benj"- Brock, with this new order thereon; '-In General Assembly Nov. 2, 1808. Report read and accepted and Petition recommitted to former joint Committee, with directions that the Comraittee report a bill on the subject contained in the Petition, Attest M, Post Clerk," and the said report & order being read. Resolved, To concur with the house in their said recomraittment. . The following Engrossed bill, passed in the house of Representatives, Entitled, "An act eslablishing a Corporation by the name of the Wind sor acqueduct Company &c." was sent up for revision &c. & being read, Ordered, That the sarae be referred to M'- Buckingham & M'- Hatch. Adjourned untill 9 O'clock Tomorrow morning. Governor and Council — November 1808. 219 Thursday [Nov. 3, 1808,] 9 O'clock A. M. The Council raet pursuant to adjournment. The following resolution was rec" frora the house of Representatives; " In General Asserably Oct'- 31, 1808, Resolved, the Governor & Coun cil concurring herein, that both houses meet in joint Committee in the Representatives' room at eleven O'clock in the forenoon on Friday next, for the purpose of choosing Electors of President & Vice President of the United States. Extract from the Journals, Attest M. Post Clerk." and the sarae being read, Resolved, To concur with the house therein. The followingi bills passed in the house of Representatives were sent up for revision & concurrence or proposals of amendment, viz. "An act directing the Treasurer to credit Benjarain Miner Jun'- the sum therein mentioned," "An act authorising the Directors of the Fairhaven Turn pike Corapany to procure an alteration in their Turnpike Road," " An act for the relief of Ebenezer Markhara," and " An act laying a tax of two cents per acre on the town of Lutterloh," and the same being sev erally read. Resolved, To coucur with the house in passing them respec tively into laws. Received from the lionse of Representatives the Petition of Parley Davis, for relief on a note given to the State Bank, with this order thereon; "In General Assembly Nov, 2,1808, Read & referred tothe joint committee to whom was referred the Petition of Mary Giles, At test M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house. An act directing the Treasurer to pay Asa Bulkley the sum therein mentioned, with this order thereon: " In Gen eral Assembly Nov. 2, 1808, Read the flrst time, and, with the Petition of Asa Bulkley, recommitted to the joint Comraittee on the Petition of Sam' Frizzle &c. Attest M, Post Clerk," and the said bill & order be ing read. Resolved, To concur with the house in said recomraittment. Received from the house of Representatives a' bill Entitled "an act en abling the several Presbyterian Societies in the State to raise money for the support of the Gospel &c." with this order thereon: " In General Assembly Nov. 2, 1808. This bill wss bro' in on motion and leave by M'- John Duncan, read and referred to M'- Olin, Chipraan and Stanley, to join a (Joramittee frora Council, Attest M. Post Clerk," and the same 'being read, Resolved, That Gov'- Brigham joiu the above Comraittee of the house. An Engrossed bill, passed in the house of Representatives, Entitled " an act in alteration of an act Entitled an act laying a road from Dan ville Court house in the County of Caledonia to the Court house in Guildhall in the County of Essex," was sent up for revision &c. & being read. Ordered, That the same be referred to M'- Dana, Received frora the house of Representatives the following resolution: " In General Assembly Nov, 2, 1808. Whereas the several companies of Artillery in this State are allraost wholly destitute of Ordinance & appar atus, and no means has, as yet, been devised to procure the same: And, "Whereas, it has been represented that the United States have in their possession, in the several arsenals under the control of the Secretary at War, a large quantity of Artillery, which reraains entirely useless, and which would be loaned to the several states, on application of the proper authority of each state, by giving security for their safe keeping and re turn when called for: Therefore, Resolved, the Governor and Council concurring herein, that our Senators and Representatives in the Con gress of fhe United States be requested and instructed to make applica tion to the Secretary at War, or some other proper board, for a loan of twenty pieces of artillery and suitable apparatus accompanying the 220 Governor and Council —Novemher 1?>0^. same for the use of the Militia of this State. And that if such loan be obtained the Comraissarv General ot Military stores be directed to cause the sarae' to be iramediat"ely transported into this State to be distributed as a future Leoislature may direct. And that the Auditor of accounts be authorised "to credit the accounts of the Comraissary General for trausiiortino the said Artillery and Military Ajiparatus as aforesaid, and draw an order on the Treasury for the paynient of the sarae. Read, adooted and directed to be sent to the Governor & Council for concur rence. Extract from the Journals, Attest M. Post Clk," and the same being read. Resolved, To concur with the house tlkerein. Adjourned to 2 o'clock P. M. 2 O'CLOCK P. M.— An Engrossed bill passed in the house of Repre sentatives Entitled "An act establishing a corporation by the name of the Verocnnes & Willsboro Turnpike Company," was sent up for re vision & being read. Resolved, To concur with the house in passing said bill into a law, . An Engrossed bill, passed &c. Entitled "An act to incorporate the Burlington Fire Club," was sent up for revision &c, and being read, Resolved, To concur with the house in passing said bill into a law, wilh these proposals of araendraent; erase the word "Club" in the titie, in the 7'"- line 1"'- Section & 8*- line 2"- Section and insert the word "Corapany." In the 1"'- Section, 19'"- line, erase the words ''Hke pur poses," & insert the words "the purpose of securing buildings aud other property from destruction by flre. Adjourned untill 9 O'clock Tomorrow raorning. Friday November 4*. 1808, 9 o'clock A. M, The Council met pursuant to adjournment. The following Engrossed bills, passed in the house of Representatives, were senl up for revision and concurrence or proposals of amendment, viz. "An act to authorize the making of a certain record therein men tioned;"' "An act incorporating certain persons therein named by the name of the Middlebury Fire Society," and "An act freeing and releas ing the person of Jesse Leavenworth from arrest and imprisonment for the terra of his natural life," ' and being severally read. Resolved to con cur wilh the house m passing them into laws. Received again from the house of Representatives, the petition of W'"- Scott & John Spencer, wilh this nevv order thereon; "In General Assembly Nov. 3, 1808, Report read and rejected and the Petition re committed to the former joint Cominiltee, Attest M. Post Clerk," and said report & order being read. Resolved, To concur with the house in said recomraittment. An Engrossed bill passed in the house of Representatives Entitled "An act authorizing and directing the Surveyor General to procure certain papers and records therein named," was sent up for revision and con currence or proposals of amendment, and being read. Ordered, That the sarae be referred to M'- Miller, ' As passed it was for the terra of seven years, Mr, Leavenworth had been a prorainent and useful man in Caledonia County, but he had suf fered a long imprisonment for debt, and was at this time destitute of property, and a cripple. Governor and Council — Novemher 1808. 221 Received from the house of Representatives, a bill Entitled "An act to revive an act laying a tax of three cents per acre on the Town of Hopkinville," with this order thereon: "In General Assembly Nov'- 3, 1808, This bill was bro' in on raotion & leave bv M'- Fyler, & referred to the third joint land Tax Conimitlee. Attest M. Post Clerk," and being read. Resolved, To concur with the house in their said reference. Received again from the house of Representatives the Petition of James Bangs, with this new order thereon: "In General Asserably Nov'- 1, 1808, Report read, accepted and Petition dsimissed. Nov- 3, called up, former vote reconsidered, and the Petition recommitted to the former joint Committee, Attest M, Post Clerk," and said report and order being read. Resolved, To concur with the house in said recom mitraent. Received again from the house of Representatives the Petition of Bradley & Moses Wilson, with these new orders thereon: "In General Assembly Oct'- 21, 1808, Report read & accepted, and leave granted to withdraw the Petition, Nov'- 3, 1808, The vote recorded above recon sidered, and the Petition recommitted to the former joint Com""- Attest M. Post Clerk," and s" report & order being read. Resolved, To concur with the house in said recoraraitment. Pursuant to adjournraent the Governor and Council proceeded to the Representatives' room & met the house in joint Coramittee for the pur pose of completing the election of County offlcers for the year ensuing, and also for the purpose, pursuant to the concurrent resolution of both houses, of choosing Electors of President and Vice President of the United States, and having completed the same, the joint Committee was dissolved, and the Governor and Council returned to their cham ber, and adjourned untill 2 O'clock P. M. ' 2 O'clock P. M. — Received from the house of Representatives this resolution: "In General Assembly Nov'- 3, 1808, Resolved, that a Cora mittee of three be appointed from this house to join frora Council to take into consideration the act relating to capital and other high crimes and misdemeanors, and more particularly the 33" Section of the same, which relates to counterfeiting bank bills, and see whether any and what further araendments, additions or alterations ought to be made in defining s" crime, and report by bill or otherwise. Members chosen, Mes"- Griswold, Rich & Jacob Smith. Extract from the Journals, Attest M, Post Clerk," and the same being read. Ordered, That M'- Chipraan join the Coraraittee appointed by the house ou said resolution. The Comraittee to whom was referred the bill Entitled '' An act incorporating and establishing an acaderay in Fairfield," reported that s" bill ought to pass, .with sundry amendments, whereupon Resolved, To concur with the house in passing said bill into a law, wilh these proposals of amendment: In the title of the bill erase the words "An acaderay" and insert "a County Grammar school," In Section 1' in the 3'". 27'" & .33'" lines erase the word "Acaderay" and insert ''Grammar School," In the 14'" & 16'" lines erase "Fairfield acaderay" and insert "Franklin County Grararaar School in Fairfield." Iu Section 3'" line 3" erase "said acaderay" & insert "the house now built for the accorarao dation of said school." Ordered, That M'- Willoby inform the house ofthe reasons of Council in proposing said amendments. Received from the house of Representatives a bill Entitled "an act directing the Treasurer to pay to Oliver Ingham the sum therein men- ' Israel Smith, Jonas Galusha, John White, Samuel Shepardson Jaraes Tarbox, and William Cahoon were appointed electors. 222 Governor and Council — November 1808. tioned," with this order thereon: "In General Assembly, Nov'- 4, 1808, This bill was bro' in on motion & leave by M'- Ingham, read & referred to the joint Coramittee on the Petition of Samuel Frizzle &c. Attest M, Post Clerk," and being read, Resolved, To concur with the house in their said reference. Received from the house of Representatives An act authorising the sale of part of the real estate of Jon"- Parker deceased, with this order thereon; "In General Assembly Nov'- 4, 1808, Introduced by M'- Pliny Smith, read & referred to Mess"- Plammond, A, Thorapson and Fox to join a Coraniittee from Council, Attest M. Post Clerk," and the same being read. Ordered, That M'- Langdon join the above Com" of the house. The Council took under consideration the bill Entitled "An act estab lishing a Corporation by the name of the Windsor Acqueduct Company &c." aud on raotion of M'- Chipraan, Resolved, The General Assembly concurring herein, that this bill be referred to the next session of the General Assembly, & Ordered, That M'- Chipman inform the house of the reasons of the Governor & Council in proposing said reference. Benjamin Swan Esquire appeared in the Council Chamber, produced bonds for the due execution of the office of Treasurer of the State for the year ensuing, and the same was approved by the Governor & Coun cil, Tvs the Oath of office was administered to him by the Governor, Received from the house of Representatives an acct, ag' the State in favor of Daniel Staniford & others, with a nuraber of accompanying pa pers, with this order thereon; "In General Asserably Nov, 4, 1808, Read & Referred to Mes"- Potter, F, Child, Linsley, Rich & Hamraond to join a Coramittee from Council, Attest M. Post Clerk," and the same being read. Ordered, That M'- Elsworth & M'- Buckingham join s"Com" of the house. The Governor & Council again took under consideration the Petition of James Perry, and on motion Ordered, That the Petitioner have leave to withdraw his Pelition. Adjourned to 9 O'clock Tomorrow morning. Saturday Nov- 6, 1808, 9 O'clock A. M. The Council met pursuant to adjournment. Received from the House of Re'presentatives the report of a Commit tee on the printing of the laws, with this order thereon; "In General Assembly Nov. 4, 1808, "Read & referred to Mess"- Morris, Farnsworth & T. Plutchinson to join a Committee from the Council, to take into consideration that part relating to accounts which are unliquidated & unprovided for. The reraaining part of the report referred to the same Comraittee. Attest M. Post Clerk," and the same being read. Ordered, That M'- Dana join said Coramittee of the house. Received from the house of Representatives a messaoe in writing, to wit, " In General Assembly Nov, 4, 1808, Resolved to^concur with the Governor & CouncU in their proposed araendments to the bill Entitied "An Act establishing a County Grammar School in 'Fairfield," and said bill has become a law. Extract from the Journals, Attest M, Post Clerk," The joint Conimittee on the bill Entitled "An act to repeal an act Entitled an act laying a tax of two cents per acre on the Township of Pittsfaeld, passed Nov, 5, 1807," reported the same with araendments, which were adopted, and on motion Resolved, That said bill do pass, and that It be engrossed and sent to the house for their concurrence. Governor and Council — Novemher 1808. 223 M'- Chipman on motion obtained leave to introduce a bill Entitled "an act to extend the time of the completion and approbation of the Centre Turnpike Road," and the same being read was referred to M'- Chipman to join a Coramittee frora the house. The following bills, passed in the house of Representatives, were sent up for revision & concurrence or proposals of amendment, to wit, "An act laying a tax of two cents and flve mills per acre on the town of Dun cansboro';" "An act directing the Treasurer to credit Josiah Burton, flrst Constable of Manchester, the sum therein mentioned;" "An act in ad dition to an act for the relief of Aaron Henry Jun'- and others;" "An act laying a tax of two cents per acre on the town of Bakersfleld;" "An act for the relief of Mary Giles;" "An act empowering towns to lay out School-Districts in certain cases;" "An act to revive part of a certain act laying a land tax on the towns of Navy and Random" [Charleston and Brighton,] and ''An act appointing Commissioners to set oft' and survey the public lands in Deweysburgh," and said bills being severally read & considered. Resolved, To concur with the house in passing thera into laws. An Engrossed bill passed in the house of Representatives Entitled "an act for the relief of Minott Farmer" was sent up for revision & con currence or proposals of amendment, and being read, Ordered, That it be referred to M'- Willoby. ' The Committee to whom was referred the bill Entitled ''an act in al teration of an act Entiled an act incorporating, certain persons therein raentioned by the name of the Hubbarton Turnpike Company," reported sundry amendments to the same, whereupon Resolved, To concui with the house in passing s" bill into a law, with these proposals of amend ment; In Sec, 1'. line 4'". erase "their" and insert "any," In the pro visional clause 2" line, after the word " Proprietors," insert " at any annual meeting." The Committee to whom was referred the bill Entitled "an act for the relief of Minott Farmer" reported .sundry amendments thereto, whereupon Resolved, To concur with the house in passing said bill into a law, with these proposals of amendment; In section 2" line 2" erase the words "at his own expence," and add to said section these words, "And the said Minott shall be allowed the same sums for advertising as is allowed to Sheriffs in the act assessing said Tax, and the same shall be assessed on the lands of the delinquent proprietors in the same manner as is therein provided." Ordered, That M'- Langdon in form the house of the reasons of Council in their proposals of amend ment to the last above mentioned bills. Received from the house of Representatives a bill Entitled "An act to establish the proceedings of Rufus Flint, first Constable of the town of Braintree," with this order thereon: "In General Assembly Nov. 6, 1808, Read the flrst time and ordered to be recommitted to the joint Comraittee to whom the Petition of Rufus Flint was referred. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. Received from the house of Representatives a bill Entitled "An act in addition to an act Entitled an act regulating marriage and divorce," with this order thereon: "Tn General Assembly Nov, 6, 1808, This bill was bro'- in on motion & leave by M'- Olin, read & referred to Mess"- Kinnee, Rising & Jason Duncafl to join a Committee frora the Council, Attest M, Post Clerk," and the same being read. Ordered, That M'- Chipraan join said Committee of the house. On motion, M'- Keyes obtained leave of absence for the remainder of the session. 224 Governor and Council — Novemher 1808. An Engrossed bill, passed in the house of Representatives, Entitled "an act granting to Ebenezer Marvin Jun'- the exclusive right of build ing a toll bridge over Mississquoi River in Sheldon," was sent up for revision &c. read and Ordered, That the same be referred to M'- Willoby Adj"- to 2 O'clock P. M. 2 O'CLOCK P, M. — An Engrossed bill, passed in the house of Repre sentatives, Entitled "An act confirming the grant of the Township of Wheelock to the Trustees of Dartmouth Colleoe and the President of Moore's Charity School," 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. Received from the house of Representatives this resolution : " In General Assembly Oct'- 31'. 1808. Whereas many actions are com menced in the Circuit Court of the United States for the trial of land titles in this State, in which the Inhabitants of the Northern part ofthe State are principally interested, and are obliged to attend the sessions of said Court at Rutland & Windsor, with their witnesses, at great dis tances from their homes, & thereby suffer great and unnecessary expen ces; and Whereas, the October session of said Court is so near the time of the stated session ofthe Legislature of this Stale that the business of said Court is raostly continued to the May term of the Court, to the in jury of suitors. Therefore Resolved, that our Senators in Congress be instructed, and the Representatives requested, to use their influence to procure the session of "said Circuit Court altered, so that it may be holden at Montpelier, or sorae other place near the centre of this State, instead of the places where it is now holden; and that the October Ses sion of said Court raay be altered either to Septeniber or November; read & adopted. Nov. 1'. 1808, Ordered to be sent to the Governor & Council for their concurrence. Extract from the Journals, Attest M. Post Clerk," and the same being read, on the question of concurrence the yeas & nays being required by M'- Chittenden, were as follows, to wit; Yeas, M'. Miller, M'- Willoby, M'- Lyon & M'- Chittenden— 4; Nays, Gov- Brigham, M'- Keyes, M'- Langdon, M'- Chipman, M'- Fletcher, M!'- Hatch, M' Buckingham, M'- D'ana and M'- Elsworth-9. Whereupon Resolved, to nonconcur with the house in passing said res olulion, and lor the same the Governor & Council assign the following reasons, to wit; For that the number of actions in the Circuit Court of the description mentioned in the resolution has been much lessened by a law of the last session; and that for that by far the greatest nuraber of suits in the Circuit Court are coraraenced against those who live south of Montpelier; and although itis believed, that at some future time it will be found expedient to have said Court holden at Montpelier, when it shall become more nearly the centre of population and business— Yet al present, it would too greatly increase the aggregate expense of suits in that Court to be justifled. And for that no time for holding said Court in this Slate could be found attended vvith less inconvenience than the times now fixed by law, in May & Ociober, and neither of which said Terms could be altered without altering both. And that for that an alteration of the terms in this State could not take place without an alteration of the terms of the sarae Court in the States of New York and Connecticut. There could therefore be no prospect of success should our Senators & Representatives be instructed to make said attempt. Adjourned untill 9 O'clk Monday morning. Governor and Council — November 1808. 225 Monday November 7'". 1808, 9 o'clock A, M, The Council met pursuant to adjournraent. The joint Conimittee on the bill Entitled "An act to extend the tirae ofthe corapletion and approbation of fhe Center Turnpike Road," re ported that said bOl ought to become a law, whereupon Resolved, That said bill do pass, and ordered that it be engrossed and sent to the Gen eral Asserably for their concurrence. Received from the house of Representatives a bill Entitled "An act in behalf of the Sand-bar Turnpike Company," with this order thereon; "In General Assembly Nov- 6, 1808, This bill was bro' in on motion and leave by M'- F, Child, read & referred to the joint Turnpike Comraittee, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their reference. Received from the house of Representatives, a bill Entitled "an act relating to a land Tax on the town of Sherburne," with this order thereon: "In General Assembly Nov'- 5, 1808, Read & recoraraitted to the Cora raittee on the original bill, to join a Comraittee from Council, Attest M, Post Clerk," and the sarae being read. Ordered, That M'- Chittenden join said Comraittee of the house. The following Engrossed bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of araendraent, to wit, "An act for the relief of Daniel Peasley;" "An act appointing a Committee to lay out a road from Lyndon to the narrows of Lake Mem phremagog;" "An act to revive an act laying a tax on the town of Dux bury;" "An act to revive and continue an act Entitled an act laying a tax of three cents per acre on the town of Concord, passed the 30* day of October 1806;" "An act appointino a Committee to lay out a road from the Mouth of White river in Hartford to the Court House -in Woodstock;" "An act to enable the Selectmen of Burlington to lease to Lyman King certain lands;" "An act to authenticate the proceedings of Jacob Davis as Collector of a Tax on the town of Milton ;" "An act ap pointing a Committee to lay out a post road from Middlebury to Pitts ford," and "An act incorporating a Company of Artillery in the town of Montpelier," and the said bills being severally read and considered, Resolved, To concur with the house in passing them into laws. On motion of M'- Lyon, Ordered, That M'- Hatch join the Committee appointed by the house on the Petition of Asa Wheelock, [in place of M'- Keyes] absent on leave, ' The Committee on the bill Entitled "an act authorising and directing the surveyor General to procure certain papers and records therein named," reported that the same ought to be nonconcurred, and said bill being again read, the report was rejected, and on motion. Resolved, That it be recommended to the General Assembly to refer the consider ation of this bill to the next session of the Legislature, and Ordered, That M'- Chipman inform the house of the reasons of Council in recom mending said reference. An Engrossed bill, passed in the house of Representatives, Entitled "An act constituting and appointing a Company of Grenadiers in Ben nington," was sent up for revision and concurrence or proposals of amendment, and being read. Resolved, To nonconcur with the house in passing said bill into a law, for the following reasons; Should this hill pass it would interfere with the power which by the third section of our Militia law is expressly vested in the fleld officers of every Regiment, to arrange the Militia within their limits into Companies, and the sarae to alter, whenever in their opinion the state of any of the companies shall require it. The exercise of this power by the Legislature at the instance of a few petitioners, without the knowledge of the field officers of the 15 226 Governor and Council — November 1808, Regiment, as is the case in the present instance, would have a tendency to create an invidious distinetion unfavorable to the well ordering of our Militia, The following Engrossed bills, passed in the house of Representatives, were sent up for revision aud concurrence or proposals of amendment, viz, "An act constituting a Company of Artillery in Williston," & "An act constituting an independent company of Artillery in the town of Rockingham," and being read. Resolved, To nonconcur with the house in passing said bills into laws for the following reasons, to wit; The passing of the two bills for independent companies of Artillery would materially injure and derange our military system. The Militia of this State are formed into Companies of Infantry, light infantry, artillery and Cavalry: The power of forming companies of light Infantry, Artil lery and cavalry from the great body of the infantry is vested in the Generals of Brigades, and lest the Infantry should be too much weak ened in forming select corps it is expressly declared, in the eleventh Section of our Militia act, that the corapanies of Artillery and Cavalry shall in no instance exceed the eleventh part of the Infantry. The Council are therefore of opinion, it would be unwise to innovate upon the present systera, by particular and partial acts. Received from the house of Representatives a bill Entitled an act for the regulation of the State's Prison and altering the punishment of crimes, recommitted by the house to the former joint Comraittee, in which recoramittment the Governor and Council concurred. The Committee on the bill Entitled "An act granting to Heman Allen the exclusive privilege of building a toll bridge across Missisquoi River," reported sundry amendments, which were adopted, and Resolved, To concur with the house in passing s" bill into a law, with the proposals of amendments thereto annexed, and Ordered, That M'- Chipman inforra the house ofthe reasons of Council in proposing said amendments. Adj" to 2 O'clk P. M. 2 O'clock P. M,— The following Engrossed bills, passed in the house of Representatives, were sent up for revision and concurrence or pro posals of amendment, to wit; "An act laying a tax of two cents per acre on the town of Berkshire;" "An act directing an endorsement on a cer tain note payable to the State Treasurer;" "An act incorporating certain persons therein named by the name of the Poultney Manufac turing Corapany;" "An act granting certain privileges to the Fairhaven Turnpike Corapany," and " An act directing the Treasurer to pay Thomas Gustin the sum therein mentioned," and being severally read. Resolved, To concur with the house in passing said bills into laws. Received from the house of Representatives a bill Entitled "An act for the relief of Silas Hathaway," with this order thereon: "In General Assembly Nov, 7, 1808, This bill was bro' in on motion & leave by M'- Farnsworth, read & referred to Mess" Farnsworth, Edmond & Rich to join a Committee frora Council, Attest M. Post Clerk," and the sume being read. Ordered, That M'- Chittenden join said Committee of tiio house. The following Engrossed bills, passed in the house of Representatives were sent up for revision and concurrence or proposals of amendmeut, to wit; "An act directing the Treasurer to pay lo Daniel Oatman the sum therein mentioned," and " An act directing the Treasurer to pay tlie sura therein mentioned," and being severally read & considered, Resolved, To nonconcur with the house in passing said bills into laws, for the following reasons, to wit: For that altho' the State's Attorney of Bennington County had a right to secure the said Counterfeit Bills, for the purpose of producing the same in evidence against the said James Governor and Council — November 1808. 227 Lynn on a trial of an indictment against him for passing the same. Yet this could not have prevented the said Oatman and the said from pursuing their legal remedy against the said Lynn, for the said State's Attorney would at any time have produced the said bills in Court as evidence on the part ofthe said Oatman and the said on request. The Committee to whom was referred the bill Entitled an act in alter ation of an act Entitled an act laying a road frora Danville Court house in the County of Caledonia to the Court house iu Guildhall in the County of Essex, reported that s" bill be amended by erasing the words "or any two of them," in the fourth line; which report was accepted, and, on raotion. Resolved, To concur with the house in passing said bill into a law, with said proposal of amendment, and. Ordered, That M'- Dana inform the house ofthe reasons of Council in proposing the sarae. Adjourned untill 9 O'clock Tomorrow morning. Tuesday, November 8*. 1808, 9 O'clock A, M, The Council met pursuant to adjournment. Received frora the house of Representatives a bill Entitled an act di recting the Treasurer to pay O. [Otway] Barker the sum therein men tioned, with this order thereon: "In General Assembly Nov. 7, 1808, This bill was bro' in on motion and leave by M' , read & referred to the joint Committee on the Petition of Sam' Frizzle &c. Attest M, Post Clerk," and the same being read. Resolved, To concur with the house in their said reference," Received from the house of Representatives a -written message as follows; "In General Assembly Nov, 7, 1808, Resolved, that this house do concur with the Governor and Council in their amendments to the following bills, viz. A bill Entitled "An act for the relief of Minott Farraer;" A bill Entitled "An act in|alteration of an act Entitled an act incorporating certain persons therein mentioned by the narae ofthe Hub barton Turnpike Company," and A bill Entitled "An act in alteration of an act Entitled an act laying' a County road from Danville Court house in the County of Caledonia to the Court house in Guildhall in the County of Essex," And the said bills have passed into laws. Ex tract from the Journals, Attest Martin Post Clerk." An Engrossed bill, passed in the house of Representatives, Entitled "an act reviving an act Entitled an act establishing a Corporation by the name of the Boston & Montreal Turnpike Company &c." was sent up for revision & concurrence or proposals of amendment, read and amended by erasing in the 5'" Section, 3" line, the words "Stafford Sraith of Bethel," and inserting " Thonias Taylor of Wolcott," and then Resolved, To concur with the house in passing said bill into a law with said proposal of araendraent, and Ordered, That M'- Chipraan inform the house of the reasons of Council in proposing the same. Received from the house of Representatives a bill, Eutitled An act directing the Treasurer to pay the several sums therein raentioned, with this order thereon; "In General Assembly Nov, 8, 1808, Read and ordered to be recommitted to the joint Comraittee on Dan'- Slanitbrd's account. Attest Martin Post Clk." and the sarae being read. Resolved, To concur with the house in their said recommittment. On raotion of M'- Lyon, Ordered, That M'- Fletcher join the Cora mittee appointed by the house on the Petition for a new County, in the room of M'- Keyes absent on leave. The Governor and CoHucil tojk under consideration the Petition of John Fitch Jun'- praying to have a certain flne imposed upon him by the Supreme Court of Judicature reraitted, and it appearing to the Governor and Council that the said flne has been settled by giving a 228 Governor and Council — November 1808. note for the same and the Judgment of the Court thereby satisfied. It is thereupon Ordered, That the Petitioner have leave to withdraw his Petition. Adjourned to 2 O'clock P. M. 2 O'clock P. M. — The following Engrossed bills, passed in the house of Representatives, were sent up for revision and concurrence or pro posals of amendment, viz. "An act appointing a Committee to lay out a County or Market Road from Derby to Guildhall;" "An act to repeal an act directing a suit for the purpose of ascertaining the validity ofthe charter of Wheelock, passed October Session 1807;" ''An act empower ing a Committee to lay out a certain County road therein mentioned;" "An act in addition to an act Entitled an act for the purpose of estab lishing an academy at Montpelier in the County, of Caledonia;" "An act for the relief of Silas Remington of Rupert;" "An act in addition to an act appointing a Coraraittee to lay out a road from the County road in Barton to the County road leading from Greensboro to Guildhall," and "An act granting a ferry to Ephraim Beardsley and Ebenezer Hatch," and said bills being severally read. Resolved, To concur with the house in passing them into laws. An Engrossed bill, passed in the house of Representatives, Entitled "An act appointing a Committee to lay out a Post road from Hubbel's Falls on Onion River to the North line of Huntsburgh," was sent up for revision and concurrence or proposals of amendment; read and Ordered That it be referred to M'- Willoby. M'- Hutchinson returned from the house the bill Entitled "an act to repeal an act Entitled an act laying a tax of two cents per acre on the township of Pittsfleld, passed Nov. 5, 1807," and which the Council had passed, nonconcurred by the house, and after assigning the reasons for such nonconcurrence he withdrew. Whereupon, Ordered, That said bill lie on the table. On motion. Resolved, that the Governor be requested to appoint Wednesday, the twelfth day of April next, to be observed as a day of public humiliation, fasting and prayer throughout this State. The Committee to whom was referred the bill Entitled "an act ap pointing a Committee to lay out a post road from Hubbell's Falls, on Onion River, to the north line of Huntsburgh," reported that said bill ought to become a law, whereupon Resolved, To concur with the house in passing said bill into a law. Received again from the house of Representatives a Memorial against the Directors ofthe State Bank, with this new order thereon; "In Gen eral Assembly Nov, 8, 1808, Read and ordered to be recommitted, and M'- Rich added to the former joint Committee, Attest M. Post Clerk," and said order being read. Resolved, To concur with the house in said recommittment, and Ordered, that M'- Fletcher be added to the former joint Com""- Received from the house of Representatives a bill Entitled " An act providing for the purchase of flre arms for the Militia of this State," with this order thereon: "In General Assembly Nov. 8, 1808, Read & recommitted, for the purpose of fllling up the blanks, to the former joint Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their recommittment. Received from the house of Representatives a bill Entitled " An act granting relief to William Scott & John Spencer," with this order thereon: " In General Assembly Nov. 8, 1808, Read & referred to Mess'- L. Hall, Lynde and Norton, to join a Committee from the Council. At test M. Post Clerk," and the same being read. Ordered, That M'^ Lang don join the above Committee of the house. Govemor and Council — November 1808. 229 An Engrossed bill, passed in the house of Representatives, Entitled "An act directing the Treasurer to pay the several sums therein men tioned," was sent up for revision & concurrence or proposals of amend ment, read & Resolved, To concur with the house in passing said bill into a law. Adjourned to 9 O'clock on Wednesday morning. Wednesday November 9'"' 1808, 9 O'clock A. M. The Council met pursuant to adjournment. The Committee to whom was referred the bill Entitled " an act grant ing to Ebenezer Marvin Jun'- the exclusive privilege of building a toll bridge across the Missisquoi River," reported sundry amendments, whereupon Resolved, To concur with the house in passing said bill into a law, with the proposals of amendment thereto annexed, and Ordered, That M'- Chipman inform the house of the reasons of the Council in proposing said amendments. Received from the house of Representatives the following resolution: " In General Assembly Nov. 7, 1808, Resolved, the Governor and Coun cil concurring herein, that both houses meet in joint Committee in the Representatives' room, on Wednesday next at tvvo O'clock P. M. for the purpose of electing thirteen Directors of the Vermont State Bank for the year ensuing. Extract frora the Journals, Attest M. Post Clerk," and the same being read, Resolved, To concur with the house therein, with this proposal of amendment, erase " Wednesday next at 2 O'clock P. M." & insert " Thursday next at 10 O'clock A. M." Received from the house of Representatives a bill Entitled " An act for the relief of Nath' Bosworth Ju'- " with this order thereon : " In General Assembly Nov. 8, 1808, This bill was bro' in on motion & leave by M'- Knapp — Nov. 8'"' read & referred to Mess"- J. Dana, Eddy & Put nam to join a Committee from the Council. Attest M. Post Clerk," and the same being read. Ordered, that M'- Fletcher join said Commit tee of the house. Received from the house the following written messages: " In Gen eral Assembly Nov. 8, 1808, Resolved to concur with the Governor and Council in their amendments to the bill " granting to Heman Allen the right of building a toll bridge over Missisquoi River," and the bill '' re viving an act establishing a Corporation by the name of the Boston & Montreal Turnpike Company." And the bills as amended have become laws of this State. Extract from the Journals, Attest Martin Post Clerk." " In General Assembly Nov. 8, 1808, Resolved that this house concur with the Governor & Council in passing into a law the bill Entitled "An act to extend the time of the completion and approbation of the Centre Turnpike road." Extract from the Journals, Attest Martin Post Clerk." Received from the house of Representatives a bill Entitled " an act laying a tax on Deweysburgh," with this order thereon; " In General Assembly Nov. 8, 1808, Read and recommitted to the second joint land tax Committee. Attest M. Post Clerk," and the same being read, Re solved, To concur with the house in their said recommittment. Received from the house a bill Entitled ¦' An act directing the Treas urer to pay Jesse Heath the sum therein mentioned," with this order thereon; "In General Assembly Nov, 9, 1808, This bill was bro' in on motion & leave bv M'- Heath, read and referred to the joint Committee of Claims. Attest M. Post Clerk," and the same being read. Resolved, To concur with the house in their said reference. 230 Govemor and Council — November 1808. On Motion, M'- Miller obtained leave to introduce a bill Entitled "An act in explanation of an act Entitled an act for the limitation of suits on penal statutes &c." and being read. Ordered, That it be referred to M'- Chipraan & M'- Langdon. The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment, to wit, "An act assessing a tax of one cent on the dollar oA the list of the present year," [State tax;] -'An act enabling Lyman Bridge Corporation to hold certain lands;" "An act directing the Treasurer to credit the flrst Con stable of Rochester the sum therein mentioned;" "An act discharging the town of Warren from the payment of certain State taxes;" "An act establishing and giving validity to a certain book of records of the town of Vershire," and " An act providing for the regulation of the State Prison and altering the punishment of crimes," and said bills being sev erally read and considered. Resolved, To concur with the house in pass ing thera respectively into laws. On motion of M'- Dana, Resolved, The house of Representatives con curring herein, that both houses meet in joint Committee in the Repre sentatives' room on Thursday morning next at ten O'clock, for the purpose of electing a Chief Judge of the County Court within & for the County of Essex, for the year ensuing, in the room of Haines French Esq'- who declines accepting his appointment to said office, and also to elect an Auditor pf accounts against the State. M'- Pratt, a Member of the General Assembly, returned from that body the bill Entitled "An act directing the Treasurer to pay Daniel Oatman the sum therein raentioned," which was nonconcurred by the Governor & Council on the 7 In'- with this order of the house thereon; " In General Assembly Nov. 9, 1808, Read & passed & ordered to be sent to the Governor & Council for their revision & concurrence or proposals of amendment, and that M'- Pratt return the same & assign the reasons of the house. Attest M. Post Clerk," and M'- Pratt, after assigning the reasons ofthe house for insisting upon the passing of said bill, withdrew, M'- Chipman to whom was referred the bill Entitled "An act granting to Joseph Robinson & others the exclusive privilege of erecting a toll bridge across Missisquoi River in Swanton," reported an amendment, whereupon, Resolved, To concur with the house in passing said bill into a law with the proposal of amendment thereto annexed, and Or dered, That M'- Chipman inform the house of the reasons of the Gov ernor & Council in proposing the same. An Engrossed bill Entitled "An act appointing a Coraniittee for the purposes therein raentioned," passed in the house of Representatives, was sent up for revision &c. & being read, Ordered, That it he referred to M'- Hatch & M'- Chittenden. Adjourned to 2 O'clock P, M. 2 O'CLOCK P. M.— The following Engrossed bills, passed in the house of Representatives, were sent up for revision & concurrence or proposals of amendment, viz. "An act to revive an act laying a tax of two cents per acre on the town of Hardwick;" "An act exempting the Manufac tory of William Trotter from taxation;" "An act directing the Treas urer to pay to Asa Bulkley the sum therein mentioned;" "An act appointing a place for the meeting ofthe Electors of President and Vice President of the United Slates;" "An act directing the Auditor of Ac counts to audit an account of Thomas Tolman;" "An act in addition to an act incorporating & establishing an Academy in Dorset;" "An actio enable the Proprietors and Land owners of the"Township of New Hunt ington to divide their lands into severalty;" "An act directing the Ireasurer to pay Freeman Vining the sum therein mentioned," and "An Governor and Council — November 1808. 231 act directing the Treasurer of the State of Verraont to pay Araherst Willoby & Abijah Stone the sums therein mentioned," and being sev erally read & considered. Resolved, To concur with the house in passing said bills into laws. Received from the house the following resolution; " Pn General As sembly Nov, 9, 1808, Resolved that a Com" of three members be ap pointed from the house, to join such Coramittee as the Governor & Council may appoint, to take into consideration the expediency of pro curing a bell and other furniture for the State Plouse, and the expediency of painting said house, and appointing a Surveyor of the public build ings in Montpelier, and also the procuring maps of this State for the use of the Legislature, and report by btil or otherwise — Members chosen. Mess'- Olin, Cameron & "Ware, Extract from the Journals, Att, M, Post Clk," and the same being read. Ordered, That M'- Chipman join the Committee from the house on the foregoing resolution. The joint Committee on the bill Entitled "An act in explanation of an act for the limitation of suits on penal statutes &c." reported an araendraent to be made to said bOl, which was adopted, and thereupon Resolved, That said bill pass, and Ordered that the same be Engrossed and sent to the General Assembly for their revision & concurrence. Received from the house of Representatives a bill Entitled " An act designating what fees shall be allowed the President and Directors of the Vermont State Bank," with this order thereon; "In General As sembly Nov. 7, 1808, This bill was bro' in on motion & leave by M'- Luce, read and referred to Mess'- Luce, Morris & Linsley to join a Com mittee from Council. Attest M. Post Clerk," and the same being read. Ordered, That M'- Buckingham join the above Com"" of the house. An Engrossed bill, passed in the house of Representatives, Entitled "An act laying a land tax of two cents per acre on the town of Newark," was sent up for revision &c. 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 Ordered, That M'- Chipman inform the house of the reasons of the Governor & Council for proposing said reference. The following Engrossed 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 Burke;" "An act for the relief of Stephen Wood ward;" "An act extending the time & directing the mode of collecting the cent tax on the town of Enosburgh," and " An act establishing a Corporation, by the name of the Stratton Turnpike Company," and be ing severally read, Resolved, To concur with the house in passing the same into laws. An Engrossed bill, passed in the house of Representatives, Entitled "An act conflrming the proceedings of the -Selectmen of Barnet in as sessing the State prison tax on said Town," was sent up for revision &c, read & Resolved, To nonconcur with the house in passing said bill into a law, and Ordered, That M'- Chipman inforra the house of the reasons of the Governor & Council for their said nonconcurrence. Adjourned to 9 O'clock Tomorrow morning. Thursday, November 10*- 1808, 9 O'clock A, M, The Council met pursuant to adjournraent. Received from the house the following written message: " In General Assembly Nov. 9, 1808, Resolved, that this house concur with the Gov ernor and Council in theit amendment to the bill Entitled " An act in- 232 Governor and Council — Novemher 1808. corporating certain persons therein named by the name of the Swanton Missisquoi Bridge Company," and a bill Entitled '-An act incorporating certain persons therein named by the name ofthe Swanton [Sheldon] Mis sisquoi Bridge Company," And the said bills have passed into laws. Also Resolved, to concur with the Governor & Council in their resolution appointing Thursday morning at ten o'clock for the two houses to meet in joint Committee for the purpose of electing a Chief Judge of the County Court in the County of Essex, in the room of Haines French declined, and an Auditor of accounts against the State, Also, Resolved, to concur with the Governor & Council in their amendment to the reso lution appointing a time for the two houses to meet in joint Committee for the purpose of electing Directors ofthe Vermont State Bank for the year ensuing. Extract from the Journals, Attest Martin Post Clerk," The Council again took under consideration the bill Entitled "An act directing the Treasurer to pay Daniel Oatman the sum therein men tioned,'' and on motion. Resolved, That it be recommended to the Gen eral Assembly to refer the further consideration of this bill to the next session of the Legislature, and Ordered that M'- Chipman inform the house of the reasons of the Governor and Council for proposing said reference. The following Engrossed bills, passed in the house of Representa- ti^ves, were sent up for revision and concurrence or proposals of amend ment, viz, "An aet empowering the proprietors of Lutterloh to complete the survey of said town;" "An act granting to Elias Buel the sum therein mentioned;" "An act directing the Treasurer to pay Jaraes D, Butler and Johnson Richardson the sums therein mentioned;" "An act freeing the Hartford Manufacturing Company from assessment ortaxes;" "An act to provide for the collection of the State prison tax on Tun bridge Gore," and, "An act annexing part of the town of Huntington alias New Huntington to the town of Bolton," and said bills being sev erally read and considered. Resolved, To concur with the house in passing them into laws. Received from the house the following resolution, viz, " In General Assembly Nov, 7, 1808, Resolved, the Governor and Council concurring herein, that both houses meet in the Representatives' room at twelve O'clock A. M. on Thursday next, for the purpose of adjourning tbe General Assembly without day; read & adopted. Extract from tbe Journals, Att. M. Post Clerk," and the same being read. Ordered, That said resolution be referred to M'- Hatch to enquire and make report at what time the General Assembly can safely adjourn without public det riment, who reported toraorrow raorning at 10 O'clock; adopted,' where upon Resolved, To concur with the hous'e in said resolution as araended, & Ordered, That M'- Chipman inform the house of the reasons of the Governor & Council in postponing the same. On motion M'- Dana obtained leave to introduce a bill Entitled "An act in addition to an act assessing a tax of seven mills on each acre of land in the County of Essex, passed Nov, 6'"' 1807," and the same being read. Resolved, That said bill do pass, and ordered, that the same be Engrossed and sent to the General Assembly for their concurrence. The Committee on the bill Entitled "an act appointing a Coramittee for the purposes therein raentioned," reported that said bill ought not to pass, whereupon Resolved, To nonconcur with the house in passing said bill into a law for the following reasons, to wit. For that the Com mittee appointed to superintend the expenditure of said tax have not advertised the same agreeably to law, having notifled the proprietors to work out half of the tax the last season, and the other half the next season, whereas the law required said Committee to notify the proprie- 'Governor and Council — November 1808. 233 tors to work out the whole of their tax the last season. It would there fore be of no use to pass this act. Pursuant to the concurrent resolution of both houses, the Governor & Council proceeded to the Representatives' room and met the house in joint Committee for the purpose of Electing the Directors of the State bank and the Auditor of accounts against the state for the year ensuing, and also a Chief Judge of the County Court of Essex County, in the room of Haines French declined, and after having completed the election of the Directors of the State Bank, the joint Comraittee was adjourned untill three o'clock P. M. and the Governor & Council returned to their Chamber and adjourned to 2 O'clk P, M, 2 O'clock P, M,— The following Engrossed bills, passed in the house of Representatives, were sent up for revision and concurrence or pro posals of amendment, to wit, "An act supplementary to an act Entitled an act incorporating a Company of Artillery in Montpelier;" "An act extending the time for completing the Sand-Bar Turnpike;" "An act reviving an act laying a tax on Moretown :" "An act in addition to an act establishing the Passumpsick Turnpike Company;" "An act to revive an act laying a tax of three cents per acre on the town of Hop kinville, passed 31"' October 1806;" "An act making compensation to the Directors of the [State] Bank;" "An act for the relief of the Admin istrators of Jonathan Parker Esquire deceased;" "An act directing the State Printer to publish the rules of discipline and laws regulating & governing the Militia of this State;" "An act directing the Treasurer to pay Sainuel Frizzle the sum therein mentioned," and "An act dircct- , ing the Treasurer to pay the sums therein mentioned," and being sev erally read and considered Resolved, To concur with the house in passing said bills respectively into laws. Received from the House of Representatives the following resolution, to wit, " In General Assembly Nov. 10, 1808, Resolved, the Governor & Council concurring therein, that both houses raeet in joint Comraittee at half past three O'clock this afternoon, for the purpose of electing flve persons for Visitors of the State Prison. Extract from the Journals, Attest M. Post Clerk," and the same being read, Resolved To concur with the house therein. An Engrossed bill, passed iu the house of Representatives, Entitled "An act laying a tax of three cents per acre on the town of Westmore," was sent up for revision &c. read, & on motion Resolved, That it be recommended to the house to refer the further consideration of this bill to the next session of the General Assembly, and Ordered, That M'- Chipraan inform the house ofthe reasons of the Governor & Council in proposing said reference. An Engrossed bill, passed in the house of Representatives, Entitled "An act directing the Treasurer to pay Elisha King & Thoraas Rem ington the suras therein mentioned," was sent up for revision & concur rence or proposals of amendment, read & on motion Resolved, That it be recommended to the house to refer the further consideration of this hill to the next session of the General Assembly, and ordered that M'- Chipman inform the house of the reasons of the Governor and Council in proposing said reference. An Engrossed bill passed in the house of Representatives Entitled "An act in addition to an act Entitled an act to provide for the compi lation & printing of the laws of this State, passed Oct'- 26, 1807," was sent up for revision & concurrence or proposals of amendment, read, amended & on motion. Resolved, To concur with the house in passing said bill into a law with these proposals of amendment: after the words "one copy" 1'' line 2"" page, insert "in full compensation for their ser- 234 Governor and Council —Novemher 1808. vices, by their assent," & erase after the said words "one copy" to the word "And" in the sixth line, same page; and Ordered, That Governor Brigham inform the house of the reasons of the Governor & Council in proposing said araendments. -Pursuant to adjournment & also pursuant to the concurrent resolution of both houses, the Governor & Council proceeded to the Representa tives' roora and raet the house in joint Comraittee for the purpose of Electing a Chief Judge of the County Court for Essex County in the room of Haines French declined, An auditor of accounts against the State for the year ensuing, and Five Visitors of the State Prison, and [having] completed the sarae, the joint coraraittee was dissolved and the Governor & Council returned to their Chamber and resumed the con sideration of business before them. M'- Hutchinson, from the house, returned the bill Entitled "An act in addition to an act Entitled an act to provide for the compilation & printing of the laws of this State, passed Oct. 26'"- 1807," to which the Governor & Council had made certain proposals of araendraent, with this order thereon: "In General Assembly Nov. 10, 1808, Read & re solved to nonconcur with the Governor & Council in the amendments to this bill, and M'- Hutchinson appointed to return the bill & assign the reasons to the Council. Attest M. Post Clerk," and after assigning the reasons, M'- Hutchinson withdrew. Whereupon, on motion Resolved, To rescind from the said proposals of amendment, and to concur with the house in passing said bill into a law. The Debenture of the L'- Governor & Council was read and passed as follows, to wit — ; i 50 42 j 72 5630 4:3 64 100 72 42781 'i'i\ 30| 6238 70 120 80 3670 39 160 12 80 Amount of Mileage. i P <; 30 242630 283030 23 30 2530 30 302930 222022223 Amount of Attendance. Paul Brigham Lt. Govr. 6 — 5 04 8 64 6 72 3i00 516768 12i — 8645rfl4 120 1*ifi, 36 39 4549 — 414751 455052 46 5342 544848 79 49 01 Chauncey Langdon 61 7? Solomon Miller 60 Zerah Willoby 45 Asa Lyon 45 34 45 37 45454572 45 5050 50 68 Samuel Fletcher 10 Keuhen Hatch Jedediah P. Buckingham 64 I'l Daniel Dana 9 3 36 36 John Elsworth % Noah Chittenden 3 60 7144 60 William Page Junr. Secy- 11 Joseph Armington Sheriff 48 11 9 4 8 4 1£ 1q 56 40406032 40 68 2044 % Old Council Asaph Fletcher 3 33333 33 00 11 . 1712 7 11 7 22 4 17 in Samuel Shepardson 10 Samuel Shaw 60 Nathaniel Niles ¦>!> Ebenezer "Wheelock 10 Beriah Loomis 6<< Josiah Wright ; ''fl Ezra Sutler Rollin C. Mallary Secy- 44 in M^v. 1 950148 Govemor and Council — November 1808, 235 On Motion, Ordered, That M'- Willoby be a Committee to receive the Debenture of the L'- Governor & Council, Received again from the house the bill Entitled "An act to establish the proceedings of Rufus Flint first Constable ofthe town of Braintree," with this order thereon: "In General Assembly Nov. 10, 1808, read & recoraraitted. Attest M. Post Clk," and the sarae being read. Resolved, To concur with the house in their said recoraraittraent. Adjourned untill 8 O'clk Tomorrow morning. Friday November 11'". 1808, 8 O'clock A, M. The Council met pursuant to adjournment. The following Engrossed bills, passed in the house of Representa tives, were sent up for revision and concurrence or proposals of amend ment, to wit, "An act establishing a Corporation by the name, of the Strafford Turnpike Company;" "Ab act laying a tax of three cents per acre on Deweysburgh;" "An act appointing a Surveyor of the Public buildings of this State in Montpelier;" "An act to remedy a mistake made in the lists of the present year;" "An act authorising the Sheriff of Caledonia County to procure a suitable guard to secure State Prison ers in the Coramon Goal in Danville;" "An act appointing a Coramittee to alter a certain road therein mentioned;" "An act in addition to and alteration of an act appointing a Committee to lay out a County road from the South end of Lake Memphremagog through the County of Or leans to the South line of Elmore;" "An act directing the Treasurer to pay Alexander Hutchinson the sura therein raentioned;" "An act mak ing the necessary appropriations for the support of governraent during the present session and for other purposes;" "An act designating what fees shall be allowed the President and Directors of the Vermont State Bank;" "An act to enable the flrst constable of Barnet to collect the State Prison lax;" "An act relating to the Tax on Deweysburgh," and "An act for the relief of Rufus Flint," and the same being severally read & considered. Resolved, To concur with the house in passing them respectively into laws. On Motion Resolved, the General Assembly concurring herein, that the unflnished business rem.aining at the close ofthe present session of the Legislature before both houses be referred to the next session ofthe General Assembly, then to be taken up and acted upon anew in the house of Representatives. On motion, M'- Langdon obtained leave to bring in a bill Entitled "An act for the relief of Arunah W. Hyde," and the same being read, Resolved, That said bill do pass, & ordered that it be sent to the house for their concurrence. Received from the house the following written message: "In General Assembly Nov. 10, 1808, Resolved that the house concur with the Gov ernor & Council in passing the bill Entitled "An act in explaiiation of an act for the limitation of suits on penal statutes &c." and the bill En titled "An act in addition to an act assessing a tax of seven mills ou each acre of land in the County of Essex," and the said bills have be corae laws of this State, Extract from the Journals, Attest Martin Post Clerk." On motion, M'- Lyon obtained leave to introduce a bill Entitled "An act explaining an act assessing a tax on all the lands in this State, for the purpose of erecting a State Prison," and the same being read. Re solved, That the same do pass, and ordered that the same be sent to the house for their concurrence. 236 Governor and Council — Novemher 1808. On motion, M'- Dana obtained leave to introduce a bill Entitled "An act in addition to an act Entitled an act assessing a tax on the County of Essex, passed Nov, 5, 1806," and the same being read. Resolved, That said bill do pass, and ordered, that the same be sent to the house for their concurrence. On motion of M'- Chipman, Resolved, The house of Representatives concurring herein, that the State Printer be and he is hereby directed to deliver to the Reverend Tilton Eastman Fifty copies of his Election Sermon, and the Auditor of accounts is hereby directed to audit the ac count for the same and draw an order on the Treasurer therefor. Or dered, That the above resolution be sent to the house for their con currence. Received from the house the following resolution, viz. " In General Assembly Nov. 11, 1808, Resolved, the Governor & Council concurring herein. That his Excellency the Governor of this State be and he is hereby requested to make such communications to the Supreme Execu tives of the Province of Lower Canada as in his opinion will be most likely to obtain the legislative aid of the Province to remove and dis perse or otherwise punish that band of Counterfeiters which infests the Southern borders thereof and are constantly preying upon the property of the good Citizens of this and the United States, Read, adopted & ordered to be sent to the Governor and Council for their concurrence. Extract from the Journals, Attest M, Post Clerk," and the same being read. Resolved, To concur with the house therein, M'- N. Chipman, member of the house, returned to the Council the bill Entitled " an act for the relief of Arunah W. Hyde " with a proposal of amendment made thereto by the house, in which the concurrence of the Council was requested, and the same being read, Resolved, To con cur with the house in their proposed amendments. Ordered, That the Secretary inform the house of the same. An Engrossed bill passed by the house of Representatives Eutitled "An act directing the Treasurer of this State to loan Parley Davis the sum therein mentioned," was sent up for revision &c. and being read, on motion. Resolved, To nonconcur with the house in passing said bill into a law, and Ordered That M'- Chipman inform the house of the rea sons of the Governor & Council for said nonconcurrence. Received from the house of Representatives the following written message, to wit, " In General Assembly Nov, 11, 1808, Resolved that this house concur with the Governor & Council in passing the bill Enti tled "An act explaining an act assessing a tax of one cent per acre on all the lands in this State for the purpose of erecting a State Prison," and a bill Entitled "An act in addition to an act assessing a tax on the County of Essex, passed Nov, 5, 1807;" also Resolved to concur with the Governor & Council in their amendments to the bill Entitled "An act incorporating the Burlington Fire Society," Also, Resolved to con cur with the Governor & Council in adopting the resolution directing the State Printer lo deliver the Rev" Tilton Eastman fifty copies of his Election sermon &c, — and also in the amendment proposed by the Governor & Council to the resolution for adjourning the Legislature without day. Extract from the Journals, Attest Martin Post Clerk." Received from the house the following resolution, viz, " In General Assembly Nov, 11, 1808, Resolved, the Governor and Council concur ring herein, that the Treasurer pay to James Topliff twenty dollars, being a mistake in his debenture as a member of the General Assem bly, Read & adopted. Attest M, Post Clk," and the sarae being read, Resolved, To concur with the house therein, M'- T, Hutchinson, from the house, appeared in the Council Chamber Govemor and Council — Novemher 1808. 237 and informed the Governor & Council that the house having flnished the business before them were now ready to meet the Governor & Council in the Representatives' room for the purpose of adjourning the General Assembly without day, & withdrew. The Governor & Council imraedi ately proceeded to the Representatives' room, for the above purpose, and, after an appropriate prayer by the Rev" M'- Wright, the Chaplain, the Sheriff of Caledonia Countv, by order of his Excellency the Gover nor, by public proclamation adjourned the General Assembly without day, A true Journal, Attest William Page J'- Secv- THIRTY -THIRD COUNCIL. OCTOBER 1809 TO OCTOBER 1810, Jonas Galusha, Shaftsbury, Governor. Paul Brigham, Norwich, Lieut. Governor. Councillors : Gilbert Denison, Guilford, Samuel C. Crafts, Craftsbury, Haines French, Maidstone, Horatio Seymour, Middlebury, William Hunter, Windsor, Apollos Austin, Orwell. William Page, Jr., Secretary until Oct, 14, Rollin C, Mallary, Castleton, Secretary frora Oct, 14, Israel P, Dana, Danville, Sheriff. Beriah Loomis, Thetford, Noah Chittenden, Jericho, Elias Keyes, Stockbridge, Josiah Wright, Pownal, Ezra Butler, Waterbury, Frederick Bliss, Georgia, BIOGRAPHICAL NOTICES, Frederick Bliss settled in Georgia in 1786, and represented tbat town in the General Asserably of 1819, He was Assistant Judge of Franklin County Court 1804 until 1813, and 1815 until 1818 ; Judge of Probate 1813 ; Delegate in the Constitutional Convention of 1814 ; and Councillor 1809 until 1813, and 1815 until 1819, " He was the peace maker of tbe town, the arbiter of all difficulties, and the promoter of every good cause. He was not ambitious of wealth or honors, yet both carae to hira to his heart's content. He died childless, Nov, 8 1827, aged 66 years."— F«, Hist Mag. Yol ii, article "Georgia;" and Dem ing's Catalogue. Gilbert Denison represented Guilford in the Geheral Assembly 1805 until 1809 ; was Judge of Probate 1806 until 1811, and in 1816 ; Sheriff of Windham County 1811 and '12 ; Assistant Judge 1817 until 1820 ; and Councillor 1809 until 1812,— Deming's Catalogue. Biographical Notices. 239 Samuel Chandler Crafts was born in Woodstock, Conn., Oct, 6 1768, son of Col, Ebenezer Crafts ; graduated at Harvard University in 1790, and in 1791 settled in. Craftsbury, He was the Clerk of that town 1799 until March 1829, thirty years; Delegate to the Constitutional Convention in 1793, being the youngest member in that body, and again in 1829, and was its President; Representative of Craftsbury in the General Assembly 1796, 1800, 1801, 1803, and 1805; Clerk of the House 1798 and 1799 ; Councillor 1809 until 1813, and again in 1826 and '6 ; Assistant .fudge of Orleans County Court 1800 until 1810 ; Chief Judge 1810 until Dec. 1816, and again 1826 until 1828 ; Clerk of the Courts 1836 until 1838 ; Register of Probate 1796 until 1815 ; Member of Congress 1817 until March 1825 ; Governor 1828 until 1831 ; United States Senator Dec. 1842 until March 3 1843 ; and Presidential Elector in 1840. "In June 1802, while there were but few log huts on the site of the present city of Cincinnati, he commenced a tour of observation to the lower Mississippi, and, in company with Michaux the younger, made a botanical reconnoissance ofthe Valley ofthe Great West in canoes and arks," He had the confldence of the people of Vermont to as large a raeasure as any other public man, was modest and unassuniing in de portment, and active in every good work, serving for many years as an officer of State Benevolent Societies, He died Nov, 19 1863, — Drake's Dictionary of American Biogr aphy ; Deming's Catalogue. Maj. Haines French (son of John French, who carae from Wal pole, N, H., to Maidstone previous to 1774, and brother of John French, who was a captain in the continental array,) was born about the year 1760, and at the age of flfteen became a servant to Maj, Whitcomb of the revolutionary army,' and was with him at the siege of Quebec under Montgomery, when he became a prisoner of war. In the winter of 1813, through Congressman James Fisk, he obtained a comraission as Major in the 31st Regiraent, U, S. Infantry, in the division of Maj, Gen, Wade Hampton, and he entered upon the service with three of his sons, one of whom (Homer) was killed in the battle of Chippewa, Maj, French died previous to that event, having, on the march, been stopped at Chateaugay Four Corners, N, Y,, by an illness which proved fatal about the middle of November 1813. He had not the advantages of even a district school, and was taught to write by his wife after mar- ' Whitcomb (probably Benjamin Whitcomb) asserted that, on orders from Washington to shoot a British General; in retaliation for the wan ton massacre of Americans by British Indians and their officers, he went from Ticonderoga into Canada and shot Gen. Gordon, receiving a Major's comraission therefor. For Whitcomb's account, related by him in his last sickness to David Goodall Esq, of St, Johnsbury, see Vt. His torical Magazine, Vol, i, p, 1066, As related the affair was extraordinary, but the editor of this volume remembers no couflrmation of it. 240 Biographical Notices. riage ; but he was a great reader and acquired much valuable informa tion, which, with his good sense and experience in the Legislature and the Courts, made hira a useful man. He represented Maidstone in the General Assembly 1793 and '4, 1796 and '7, and 1802 until 1808, and was a Delegate in the Constitutional Convention of 1793, He served as Clerk of Essex County Court 1802 until 1813 ; and was Councillor 1809 and '10, He was elected Chief Judge of the County Court in 1808, but he declined to serve, — Vt. Hist, Mag. VoL I, p, 1039 ; and Deming's Catalogue. Horatio Seymour, LL, D,, was born in Litchfleld, Conn, May 31 1778, graduated at Yale College in 1797, came to Middlebury 1799, and was admitted to the bar in 1800, soon winning an extensive practice. He was State's Attorney for Addison County 1810 until 1813, and again 1815 until 1819 ; Judge of Probate 1847 until 1856 ; and Councillor 1809 until 1814, In 1820 he was elected U, S, Senator, and was re-elected in 1826, serving from March 1821 to March 1833, His election in 1826 was very zealously contested by Cornelius P, Van Ness, who felt his defeat keenly, charged it to the interference of John Quincy Adams, whose administration he then abandoned, and, so far as he could do so, trans ferred his friends over to the then Jackson party, of which he becarae the chief in Vermont, Mr, Seymour died Nov, 27 1867, For his por trait, see Swift's History of Middlebury.— Vt, Hist, Mag. Vohi, p, 59; Deming's Catalogue ; and Walton's Vermont Register. See also, as to Gov, Van Ness, Vt. Hist, Mag, Vol, I, pp, 612 and 613, William Hunter represented Windsor in the General Assembly 1796, 1807 and '8; was Councillor 1809 until 1813, and in 1815; Member of Congress March 1817 to March 1819; Register of Probate 1798 until 1801; Judge of Probate 1801 and "2; Assistant Judge of the County Court 1806 until 1816; and member of the Council of Censors in 1806 and 1820,— Deming's Catalogue, Apollos Austin represented Orwell in the General Assembly in 1819; served as Councillor one year only; was a member ofthe Council of Censors in 1806, and Presidential Elector in 1816 and 1828, He was an ardent politician (though rarely in offlce) of the Jeffersonian school, offered of his abundant wealth to discharge the flne of Matthew Lyon under the sedition act, and voted for Monroe in 1816, and John Quincy Adams in 1828.— Deming's Catalogue; and Vt. Legislative Directory for 1876-7. See Vol. it, pp. 494-496, note. RECORD OF THB GOVERNOR AND COUNCIL , AT THE SESSION WITH THE GENERAL ASSEMBLY AT MONTPE LIER, OCTOBER 1809. State of Vermont ss. Journal of the proceedings of the Governor and Council of the State of Vermont begun & holden at Montpelier on the Second thursday of October (being the twelfth day of said month) pursuant to the laws & Constitution of this State A. D. 1809; Present, His Excellency Isaac Tichenor Esquire Governor; His Honor Paul Brigham Esquire Lieutenant Governor; Of the Council The Hon"'" Elias Keyes, Chauncey Langdon, Solomon Miller, Zerah Willoby, Asa Lyon, Samuel Ffefcher, Reuben Hatch, Daniel Dana, John Ellsworth & Noah Chittenden Esquires. William Page J'- Secretary; Israel P. Dana Esquire Sheriff of Caledonia County. M'- Leland [Aaron Leland] from the house, a member thereof, ap peared in Council and informed the Governor & Council that the House had organized and were ready to Proceed on the business oftheir meet ing. Ordered, On motion, that the Secretary inform the House that a quorum of the Council are formed, [and] that they are now ready to proceed to business. On Motion, Resolved, that the Governor and Council proceed to the appointment of a Committee of Seven to receive, sort & Count the votes for the Governor & L'- Governor & Treasurer & Councillors. Merabers Chosen, Messrs. Hatch, Langdon, Keyes, Chittenden, Miller, Lyon & Dana were chosen and sworn. Rec" from the House tbe following Resolution, Viz. " In General As sembly Oct. 12'". 1809, Resolved that a Comraittee of three members frora each County be appointed to Join such Coramittee as the Governor and Council may appoint to receive, Sort and Count the votes for Gov ernor, L'- Governor, Treasurer, and Councillors for the Year ensuing, and report to the General Asserably as soon as may be. Read & adopted. Gentlemen Chosen were Messrs. Graves, Pratt & Henry; May, Knight & Leavitt; P. Smith, Hendee & -T. Clark; Hutchinson, Hatch, Clapp; Olin, Edmond, C. Rich; Chase, Stacy; Barney, Corse, Bostwick; Griswold, Cahoon, Pifleld ; Littlefleld, Farnsworth, Holmes; [Royal] Corbin, Thomas Taylor, Baxter; Ingham, Foot, M.Rich; A. Hall, Borden & Sowles. Attest M. Post Clerk." Adj" to 4 o'clock P. M. 4 O'clock P. M. — The Council met pursuant to adj'- M'- Hutchinson from the House informed the Governor and Council that the General Assembly were convened and ready to meet the Gov ernor and Council in the Representatives' room for the purpose of hearing the report of the Committee appointed to receive, sort & Count the Votes for Governor, L'- Governor, Treasurer, & Councillors for the Year ensuing. The Governor and Council accordingly pro- 16 242 Governor and Council — October 1809. ce.eded to the Representatives' room when the following report was Produced by said Committee & read : To the Hon. the Gen' Assembly now sitting — The Committee ap pointed to receive, sort & Count the Votes for Governor, L' Gov. Treasurer & Councillors for the year ensuing, do report & declare that the Honorable Jonas Galusha Esquire is elected Governor; that His Honor Paul Brigham Esquire is Elected L'- Governor; Benjamin Swan Esquire is Elected Treasurer; And that the Honorable Elias Keyes, Ezra Butler, Gilbert Dennison, Horatio Seymour, Appollos Austin, Beriah Loomis, Noah Chittenden, Frederick Bliss, Samuel C. Crafts, Josiah Wright, William Hunter & Haines French Esquires were elected Councillors for the Year ensuing. Montpelier 12'" October 1809. E. Keyes for Committee. And Said Report being read, the Sheriff of Caledonia County, by the Direction of His Excellency the Governor, made Public Proclaraation ofthe Same and the Go'vernor & Council returned to their Chamber & adjourned to 9 O Clock toraorrow morning,-' 'From Spooner^s Vermont Journal of Oct, 23 1809: Montpelier, Oct, 13. On Thursday last, the General Assembly of Verraont convened in this town. About eleven o'clock a procession was forraed near the Academy, in the following order; The Artillery Company, commanded by Capt. [Isaac] Putnam; the 2d Light Infantry Company, comraanded by Captain Palmer; the 1st do. comraanded by Captain [Jeduthun] Loomis; the citizens; the Governor and Council; the Rev. Clergy; Members of the House, and Judges of the Supreme Court; from whence they proceeded to the Slate-House, where an appropriate discourse was delivered by Elder Sylvanus Haynes, of Middletown, from Prov. xiv. 24. Righteousness exalteth a nation, but Sin is a reproach to any people. Soon after the exercises, the result of th'e election was declared. Votes for Governor, Counties, Galusha. Tichenor. Scattering. Addison 1362 1392 48 Bennington 13,38 1000 63 Caledonia 1124 1127 34 Chittenden 1040 1271 36 Essex 130 206 2 , Franklin 962 1213 37 Grand Isle 94 289 5 Orange 1754 1274 57 Orleans 341 415 6 Rutland 2482 1589 94 Windham 1195 2327 33 Windsor 2761 1364 8.^ Totals, 14583 13467 498 Majority for Galusha 618, The artillery company, referred to above, was incorporated Nov. 7, 1808, by the name of the Washington artillery. Its members consisted entirely of persons who, except by enlistment in this company, were ex empt from military duty. The company was subject to the orders ofthe governor, required to muster on the second Thursday of October annu- Govemor and Council — Octoher 1809, 243 Friday Oct, 13'". 1809, 9 OClock A, M, Present in Council His Honor Paul Brigham Esq'- L'- Gov, Of the Council, The Hon. Elias Keyes, Noah Chittenden, Beriah Loomis, Ezra Butler, Frederick Bliss, Josiah Wright & Williara Plunter Esquires, William Page Jr, Secretary; Israel P, Dana Sheriff. The above mem bers of Council with His Honor the L'- Governor were severally sworn to the faithful discharge of their respective offices by the Plonorable Chief Justice. Ordered, That the Secretary notify the absent members of their elec tion and request their attendance on Council as soon as may be. Ordered, That the Secretary inform the House that a quorum has forraed, & that they are readv to proceed to business. Adjourned to 2 OClock P,'^M, 2 OClock P, M,— Rec" from the Plouse the pet, of Jonathan Whitney & others for a new town to be made frora Tunbridge, Bethel, Randolph & Royalton, with this order thereon; In Gen. Asserably Oct. 13'"' 1809. Read & referred to Messrs Clapp, Dana A. Robinson, Bass & J, Parker to join a Coram"" from Council, Attest M. Post Clerk, and heing read it was Resolved to join the above Com"" and M'- Keyes was appointed. Rec" from the House the Petition of Elias Keyes " Praying the Legis lature to take his turnpike Stock and Pay him interest for the same at the rate of Six Pr Ct." with this order of the Plouse thereon; In Gen. Assembly Oct, 13"'' 1809, Read & referred to Mess Jacob Smith, Linsley, P, Smith, Walbridge & Chamberlin, to join a Coraraittee from ally, being "election day," and to elect its officers on the succeeding Mon day, when the governor reviewed the corapany, making a brief speech usually, and delivered commissione to the new offlcers. On the procla mation of the election of state offlcers, the governor, lieutenant gover nor, and treasurer were saluted, each of thera, by a gun; then the Council were saluted by one gun; after which a gun was fired for each Slate in the Union, From the peculiar constitution and duties of this company, it was often called the governor's guard. It corresponded well with the " Ancient and Honorable Artillery Company " of Massa chusetts, and was well maintained until about 1836, D, P, Thompson, in his History of Montpelier, thus described the company at its flrst ap pearance in 1809, but erroneou.sly dating in 1808; A flne artillery company, uniforraed throughout with plumed Bona parte hats and the dress of fleld officers in all except the epaulette on the privates, was organized from among the flrst citizens of this and the neighboring towns, to serve as the Governor's Guard, and be in especial attendance en Election days. Of this corapany Isaac Putnara, a man nearly six-feet-six high, weighing over two hundred pounds, well pro portioned, and as noble in soul as in body, had the honor of being chosen the first captain, and no one of those present now living can fail to recall his fine and commanding military appearance on those occa sions as he stood up between his soldiers and the encircling crowd, like Saul among the people. See printed Laws of Vermont, 1808, p, 63 ; and D. P. Thompson's History of Montpelier, p. Ill- 244 Governor and Council — October 1809. Council. Attest M. Post Clerk, and being read. Resolved to Concur with the House in the above reference & that Mr Wright join said Com""- Rec" from the House the Pet. of the Selectmen of Leicester for a new Com"" to examine anew the County road from Middlebury to West Rutland &c. With this order of the House thereon ; In Gen. Assembly October 13'". 1809. Read & Referred to Messrs Whitney, Myrick & Mason to join a Com"" from Council. Attest M. Post Clerk, which being read Resolved that Mr Loomis join the said Committee from the House. Adj'" to 9 Oclock tomorrow morning. Sat"^. 14, Oct. 9 Oclock A, M. The Council met pursuant to'adjournment, Rec" from the House the following resolution: In Gen. Assembly Oct', 13'"' 1809, Resolved that a Conimittee of 5 members be appointed to Join such Comm"" as the Governor & Council may appoint to take under consideration all the Petitions for new trials; Members chosen Messrs Knight, C, Rich, G, Robinson, Cahoon & Ware, Extract from the Journal, Attest M, Post Clerk, Which was read and it was Re solved, that Messrs Loorais & Butler join. Also Rec" frora the House a resolution appointing a Comraittee to take under consideration all Petitions for acts of insolvency & suspen sion; Merabers Chosen Messrs Chipman, Griswold, Dewey, Olin & Barnes, & being read Resolved,.that Messrs Wright & Hunter join said Committee. Also a Resolution appointing a Committee of Claims, consisting of Messrs Henry, Linsley, P. Smith & C. Rich, which being read it was Resolved, to Concur with the House in passing the same & Mr Keyes was appointed to join. Also a resolution appointing a Comraittee denominated the Turnpike Committee, consisting of Messrs Wilraarth, Shafter, Fox, Delano & Harrington, which was read & it was Resolved, that Mr Bliss Join said Committee. Also a Resolution appointing Messrs Ware, J, Smith, & Dewey to take charge of certain maps Provided by the Surveyor of public build ings & direct in what manner & Place they shall be affixed in the State House for the accommodation of the Legislature, which was read & it was Resolved that Mr, Chittenden Join said Committee, Received from the House the following Petitions Praying for acts of insolvency & suspension : one from Abijah H. Hale & others ; one from John G, Wheelock; one from Thomas Miller; one from Daniel Coit ; one from Nathan Boynton Jr, and a remonstrance of Jaines Smith ag' the Petition of Nathan Boynton Jr, With this order on each: " In Gen, Assembly Oct, 13'" 1809, Resolved to refer the same to the joint Committee of Insolvency & Suspension," which were severally read & it was Resolved to Concur with the House in the aforesaid reference, Rec" from the House the Petition of William Slade & others for a turnpike road from Hubbarton Turnpike road to Middlebury, & a Turn pike road from the west end of Stratton Turnpike to New York line, with this order of the General Assembly: October 13'". 1809, read & referred to the joint Committee of Turnpikes, Attest M. Post Clerk, which was read & it was Resolved to Concur with the house in the above reference, Rec" from the House the Petition of Rob' Bowne & others praying for an act of incorporation for the Purpose of smelting & refining ores Governor and Council — Octoher 1809. 245 within this State, with this order thereon; In General Assembly Oct 13'"' 1809. Read & referred to Messrs Williams, Chipman & Jacob Smith to join a Committee from Council. Attest M, Post Clerk, and being read it was Resolved to Concur with the House in the above refer ence and Gov, Brigham & Mr Butler were appt" to join the Com"" of the House, His Excellency Jonas Galusha Esquire Governor Elect, appeared in Councd and accompanied by the L'- Governor & the Honorable Council who were Present, according to Previous notice, Proceeded to the Representatives' room and after the Oaths required by the constitution & Laws of this State were administered to hira by the Honorable Chief Judge ofthe Supreme Court of Judicature, His Excellency delivered to both Branches ©f the Legislature the following speech,' And then the Governor & Council returned to their Chamber & re sumed the Consideration of business, Rec" from the House a Petition of sundry inhabitants of Brookline praying for the privilege of representation in the Gen, Assembly, with this order thereon: In Gen, Asserably Oct, 1.3'"' 1809. Read & refer" to a Cora"" of three to join a Cora"" from Council, Members chosen Messrs McLaughlin, Peckhara & Hungerford, Attest M. Post Clerk, which being 1-ead it was Resolved that Mr Hunter Join. Also rec" the Petition of Samuel Burnell praying the legislature to empower hira to sell lands as administrator of Arba Green &c. with this order thereon: In Gen, Assembly Oct. 13*". 1809. Read & referred to a com"" of three to join a com"" of Council, Messrs Thayer, Eastman & Painter app"- Attest M, Post Clerk, which being read it was Resolved to concur & that Mr Bliss join said committee, Rec" also the Pet, of the town of Brandon for an act to legalize the records of that town, with this order thereon ; In Gen. Assembly Oct. 13'". 1809, Read & referred to a Com"" of three members to join a com"" from Council, Messrs Flagg, Andrus & Norton chosen. Attest M, Post Clerk, which was read & it was Resolved that Mr Keyes join. Adjourned to 2 Oclock P, M, 2 O'CLOCK P, M. — His Excellency the Governor was Pleased to ap point R, C, Mallary Secretary for himself & Council, and the oaths re quired by the Constitution & Laws were administered by his Excellency the Governor, Rec" from the House the Petition of Silas Hathaway with this order of the House thereon: In General Assembly Oct, 13'". 1809, Read & referred to the joint Com"" of insolvency & Suspensions, Attest M, Post Clerk, which was read & it was resolved to join in the reference, Rec" from the House the Petition of the inhabitants of Kirby with the following order of the House thereon; In General Assembly Oct, 13'". 1809, Read & referr" to the j' Com"" on the Pet, of the town of Brandon, Attest M, Post Clerk, Which being read it was Resolved to Concur with the House in Passing the sarae. Received from the House the Petition of Ezekiel Buell & others, thereon the following order of the House : In General Assembly Oct, 13'". 1809, Read & referred to the joint Military Comraittee, Attest M, Post [Clerk,] Which was read & it was Resolved to concur with the House in the above reference, Rec" from the House the Petition of Jonathan Fassett with the fol lowing order of the House thereon: In Gen, Assembly Oct, 14'". 1809, Read & referr" to the joint Com"" of Clairas, Attest M, Post Clerk, which being read it was Resolved to join the above reference. 'For the speech see Appendix A. 246 Govemor and Council — October 1809. Received from the House the Petition of the Inhabitants of Sher burn with this order thereon: In Gen. Assembly Oct. 14'". 1809. Read & referred to the joint committee on turnpikes. Attest M, Post Clerk which being readit was Resolved to concur in the foregoing reference. Rec" from the House the Petition of John Torrance Praying to have all processes suspended &c, for a term of time, with this order of the House thereon: In Gen, Assembly Oct. M"". 1809, Read & refer" to the Joint Com"" of suspension & insolvency, [Attest] M, Post Cler'K, which being read it was Resolved to concur with the House in the above reference. Rec" frora the House the Petition of Jacob Galusha praying for rehef & ccmipensation &c. with this order of the House thereon: In Gen. As serably Oct. 14'". 1809. Read & referred to the j' Committee on the Pet. of James D, Butler, Attest M, Post Clerk, which being read it was Resolved to Concur with the House in the fore.going reference, Rec" from the House the Petition of Samuel Holton & Alanson Ferris each Praying for an act of suspension &c. with the following order of the House on each; In General Assembly Oct. 14'"- 1809. Read & re ferred to the joint Coramittee of suspension. Attest M. Post Clerk, which being read it was Resolved to concur with the House in the fore going references, Rec" from the House the Petition & remonstrance of Peter Danforth & others with the following order of the House thereon: In general assembly Oct. 13'"' 1809, Read & refer" to a Coraraittee of three mera bers to join a Coraraittee of Council. Members chosen Messrs S. "Wal bridge, J. Brighara & W, Barber. Attest M. Post Clerk, which were read & it was Resolved to concur with the House in the above reference. Rec" from the House the Petition of Daniel Brooks Praying for a Turnpike, wilh the following order of the House thereon: In General assembly October 14'". 1809. Read & refer" to the Joint Committee' on Turnpikes, .Attest M. Post Clerk, which being read it was Resolved to concur with the House in the above reference. Adj" to 9 OClock A. M, Monday IO"" Oct, 1809, Monday October 16'". 1809, 9 O'CIock A. M, The Council raet Pursuant to adjournment. The Petition of Grant Weed & Seth Payne Praying for Pardon were filed & each read & ordered to lie on the table. The Honorable Haines French & Samuel C. Crafts Esq'"- appeared in Council who look & subscribed the necessary oaths Prescribed bythe Constitution & Laws as Councillors for the year ensuino & took. their Seats. ^ Rec" frora the House the Petitions of the Inhabitants of Middletown, Clarendon, Poullney & of A. Hall & the remonstrance of Clarendon & Tmnioulh with the following order of the House Ihereon: In General Assembly Oct. 14'". 1809. Read & referred to the joint Turnpike Com mittee. Attest W. D. Smith Clerk, which was read & it was Resolved to Concur with the House in the above reference, Rec"^froni the House the Petitions of the towns of Sherburn, Waits field, Elraore & Worcester, each praying for land taxes, with an order of the House on each as follows; In General Assembly October 16"'. 1809 read & referred tothe Joint Land tax Committee (first,) Attest W, D. Smith Clerk, which being read it was Resolved to concur with the House in the foregoing reference. Rec" from the House a bill entitled " an act providing for flre arms for Govemor and Council — October 1809. 247 the militia of this State," with this order ofthe House thereon: In Gen. Assembly Oct. 14'". 1809, called up & referred to the joint military Com mittee. Attest W. D, Smith Clk, which was read &' it was Resolved to join the above reference, Rec" from the House the Petition of Shelden Wheeler & others with the following order of the house thereon: In Gen, Assembly Oct, 14'"- 1809. Read & referred to the joint Military Committee. Attest W, D. Smith Clerk, which being read it was Resolved to concur with the House of Assembly in the above reference, Rec" from the House the following resolution, Viz, In Gen, Assem bly Oct, 16'"' 1809, Resolved, the Governor & Council concurring herein, that both Houses raeet in the Representatives' room tomorrow raorning at 10 O'clock for the purpose of Electing Judges of the Su preme Court of Judicature for the Year ensuing. Attest W. D. Smith Clerk, which bein,g read it was Resolved to concur with the House in passing the foregoing resolu"- Rec" from the House a resolution appointing a Cora"" to join a Cora mittee bf Council to bo denominated the flrst land tax Committee, which being read it was then Resolved to Concur with the House in passing the resolution; and Mr Crafts was app" to join said Com"" from Council, Rec" from the House a resolution respecting the State's Prison laws &c. appointing a Comraittee to join from Council a com"" which should there be appointed, & it was Resolved to Concur wilh the House in passing said Resolution; and Mr French was appointed to join frora Council. Rec" frora the House the Pet. of Franklin County Grammar School with an order of the House appointing a Coramittee to join a Com"" of Council, which was Read and by the Council it was then Resolved to concur with the House in passing the afores" Resolution & Mr Hunter was appointed to join, » Received from the House the Petition of Levi Bennet with an order ofthe House thereon appointing a comraittee frora the house to join a Coram"" of Council, which being taken under consideration by the Gov, & Co, it was Resolved to join in the Above reference & Mr French was app" to join. . Rec" fi-om the House the Petition of Levi Hall with this order thereon; In Gen, Assembly October 16'"- 1809, Read & referre" to Messrs Scott, Walker & Robbins, to join a Committee from Council, Attest W, D, Smith Clerk, & it was Besolved to concur with the House in said reference & Mr Bliss app" to join the Committee appointed by the House. Rec" from the House a resolution "respecting the distillation & export ation of Grain" with an order of the House appointing a Coraraittee to join a Com"" of Council, which was read and it was Resolved to concur with the House in said Reference and Messrs Loorais, Wright & Butler were app" to join said Committee, Rec" from the House "a resolution respecting lists & listers" with an order of the Gen, Asserably appointing a Conimittee to join such Com mittee as the Gov. & Council may appoint, which was taken under consideration & it was then Resolved to concur with the House in the above reference & Mr Brigham app" to join. Rec"*from the House the Pet. ofthe Heirs of Eben' Williams with the following order ofthe House thereon; In Gen. Assembly October 14'". 1809. Read & Referr" to Messrs. Smith, Norton & Gaines to join a Cora"" of Council. Attest W, D, Smith Clerk, which was' Read & Re solved to join in the above reference and Mr Loomis was app" to join, Rec" from the House the Pet, of Timothy & Mary Jenner with tin 248 Governor and Council — OcioSejf 1809. order appointing a Com"" to join a Com"" from Council and after being read by the Council it was Resolved to Concur with the House in the above Reference and Mr Crafts was app" to join. Adjourned to 2 OClock P, M, 2 O'CLOCK P, M,— Bee" from the House a resolution appointing 4 Oclock this day the time for the County Convention to meet: & [the opening ofthe House on Tuesday next for] the Committee ofthe whole for the purpose of Receiving the nominations, which was read & it was then Resolved to concur with the House with the following amend ment. Viz, that instead of "Monday" insert " tuesday" & that instead of " tuesday to receive the nominations" insert " Wednesday.'" Mr Keyes assigned the reasons to the House, Mr Apollos Austin appeared in the Council Chamber & after the oaths of office were administered he took his seat as Councillor. Adjourned to 9 A. M. Tomorrow. Tuesday 9 O'C. A. M. 1809, Oct. 17'"- Rec" from the House the Bill entitled " an act to lay out a road from Canaan to Holland " with an order of the house thereon referring the same to a Committee of three to join a Comraittee ofthe Council, which was read and on motion it was Resolved to join in the above reference, and Mr Crafts joined, Rec" from the House the Petition of William Shearer [jr,] with the following order of the House thereon; "In General Assembly Oct, 16'". 1809, read & referred to the joint Coraraittee of claims. Attest W, D. Smith Clerk," which being read it was then Resolved to concur in the said reference, Rec" frora the House the Petition of E, Hawley with an order of the House referring the same to the joint Committee of Suspensions, which was read & on motion it then was Resolved to concur with the House in the fore,ooiiig reference. The Bill entitled "an act concerning Writs of Error & Audita Quer elas" was rec" frora the House [with this order thereon;] "In General Assembly, Read & Referred to a Com"" of three to join atlJomraittee of Council, Attest W, D, Smith Clerk," which' was read & Resolved that the Council do concur with the House in the foregoing reference & that Mr Butler join. Pursuant to the concurrant Resolution of Both Houses the Governor & Council proceeded to the Representatives' Room for the Purpose of Electing Judges of the Suprerae Court of Judicature which being cora pleated the Gov, & the Council returned to their Charaber & resumed the consideration of business,' Rec" frora the House the Petition of Jacob Burt praying for a suspen sion &c, with an order of the house appointing a Committee to join a Com"" of the Council, which being read it was resolved to concur. The pet. of the Town of Pawlett was rec" with an order of the House appointing a Committee to join a Com"" of Council, which was read &it was on motion then Resolved to concur with the House in the above reference & Mr Crafts was appointed to join. The Petitions of Billyrae.ad, Fayston, M'- Tabor, Barton & Newark were rec" with an order of the House on each referring thera to the 2'' land tax Committee, which were severally read & then it was resolved to concur with the House in the above reference. ' Royall Tyler, Theophilus Harrington, and David Fay were elected. Govemor and Council — October 1809. 249 The Petitions of Coventry, Irasburgh & Kingston praying for land taxes were rec" from the House with an order of the House on each re ferring them to the 1"' Land tax Comraittee, which were severally read & it was on motion then Resolved to concur with the House in said Reference. Rec" from the House the Petition for a turnpike from Connecticut river to Washington; fi-om Montpelier to Woodstock & the remon strance ag' the "Windhara County corporation, with an order of the House to commit them to the joint turnpike Committee, and on motion it was resolved to concur in the above reference. The petitions from Ryegate, Cavendish, & Ludlow, & of Timothy W, Orsborn were rec" from the House with an order on each referrijig them to the joint Military Comraittee, which being severally read it was on motion Resolved to concur with the House in said reference. The Bill establishing a Cotton & Woolen Manufactory at Montpelier, & the Petition of Stephen Crouch & others were received from the house with an order on each referring them to the joint Committee on that part of His Excellency's Speech relating to manufactures, and on motion it was Resolved to concur with the House in said Reference, A bill entitled an act in addition to an act establishing a State Bank was rec" with an order thereon referring the same to the joint Commit tee on that Part of His Excellency's Speech relating to the State Bank, which was read & Resolved to concur in said Reference, Received from the House a resolutiou appointing a Coramittee on that part of His Excellency's Speech which relates to Manufactures, and on raotion it was Resolved to concur with the House in passing the above resolution and Mr, Austin was appointed to join said Committee on part of Co, Rec" from the House the Resolution appointing a Comraittee of the House on that Part of His Excellency's Speech which relates to the State Bank, which being read on motion it was Resolved to concur with the House in passing said Resolution & Messrs Wright & Brigham were appointed to join, Rec" from the House a Resolution appointing a coraniittee of the Plouse to join a committee of Council to be denominated the 2" land tax Coramittee, which was read & it was Resolved to concur ' with the House in said Resolution & Mr Austin was appointed to join, Rec" from the House a resolution appointing & Directing the joint Comraittee on the State Bank to enquire respecting the exiiediency of Prohibiting Hawkers & Pedlars within this State, which being read it was Resolved to concur with the Passing of this resolution. Rec" from the House the Petition of John Stoel [Stowell] with the following order thereon ; In Gen. Asserably Oct. 16'". 1809. Read & referred to the joint Committee of Claims. Attest W, D, Sraith Clerk, which being read it was then on motion Resolved to concur with the House in passing the Same, Adjourned to 2 O'C, P, M, 2 O'CLOCK P, M,— The Council met &c. The Honorable Royall Tyler, Theophilus Herrenton & David Fay ap peared in Council; the Hou. David Fay signifled his resignation to His Excellency the Governor & Council of his office of District Attorney,' when the oath of office was adrainistered by his Excellency the Gover nor to the Hon, Royall Tyler Esqr as Chief Judge of the Supreme Court of Judicature of this Sta'te, & to The Hon, Theophilus Herrenton & ' U, S, District Attorney. 250 Governor and Council — October 1809. David Fay Esqrs as Side or Assistant Judges ofthe same Court, &then they retired from the Council Chamber. The Petition of Betsy Lakin was rec" with an order of the House appointing a Coramittee of three members of the House to join a Cora mittee of the Council, which was read & Resolved to Concur with the House in s" Reference and Mr. Hunter joined. Rec" from the House the Petition of Prudence Murdock praying to have a new Hearing before the Commissioners appointed to adjust the claims of her late Husband's estate with an order ofthe House appoint ing a Committee of the House to join a Committee of Council, which was read — it then was Resolved to concur wilh the House in said Ref erence. .Mr. Loomis joined. Rec" from the House the Petition of Thomas Duncan praying for an act of Suspension, with an order of the house referring the sarae to the joint Coramittee of Suspension & insolvency, which was read & Concur red to join said reference. The Petition of Johnson Richardson was rec" from the house with an order thereon referring the same to the joint comm"" on the Petition of Janies D, Butler, which was read & it was on motion Resolved to con cur with the House in said reference, Rec" frora the House the Pet, ofthe Inhabitants of Lyndon for a land tax; also the bill laying a tax of two cents per acre on the town of Ba kersfleld; also the bill laying a tax of three cents pr acre on the town of Westmore, with an order on each referring the same to the 2" joint Land tax coramittee, which were severally read & it was Resolved to concur with the House in the above reference, Rec" from the House the Petition of [the Proprietors of] Orange with the following order of the House thereon; " In General Assembly Oct. 16'". 1809. Read & referred to a committee of three to join a committee of Council. Attest W. D. Smith Clerk," which was read & on motion it was resolved to concur with the house in the foregoing reference &c. Mr. French joined from Council. Rec" frora the House the Petition of the Inhabitants of Orange which by the house had been referred to the joint Coramittee on the Petition of [proprietors of] Orange, which was 'read & [it] was Resolved to con cur with the House in said reference. Rec" from the House the Petition of Daniel Hararaond with an or der of the House referring it to a Committee of the house to join a Comraittee of Council, which was read & on motion was Resolved to concur with the House in said reference & Mr. Austin joined. The bill entitled " an act relating to Presbyterian Societies, their rais ing raonies &c. was rec" from the house with an order referring the same to a committee of the house to join a committee of Council, which was read & on motion resolved to concur with the House in said Reference & Mr. Chittenden joined. Adjourned to 9 OClock A, M, tomorrow. Wednesday Oct, 18'". 1809, 9 O'clock A, M. Council met pursuant to adjournraent. The PIon, Horatio Seymour Esquire appeared in Council aud took the necessary Oaths of Offlce and then took his seat as Councillor, The Pet. of Robert Bowne & others was rec" from the House a Second time with a resolution of the House discharging the Committee first ap pointed & referring said Petition to the Committee on Domestic Manu factures, which was Read and it was resolved to concur with the said resolution. Govemor and Council — October 1809. 251 On motion Mr. Butler was appointed on the Committee of Manufac tures to join the comraittee previously app"- The Governor & Council proceeded to the Representatives' room to raeet the House in joint Coraraittee for the purpose of raaking County appointments & after progress the Committee adjourned till tomorrow at the opening of the house in the afternoon and 'then returned to their chamber. Adjourned to 2 O'CIock P. M. 2 O'clock P. M,— The Council met pursuant to adjournment, Rec" from the House the report ofthe Coraraittee on the State's Prison with an order of the House referring it to the Joint State's Prison Cora mittee, which being read it was then on motion Resolved to concur with the House in the above resolution, Rec" from the House the bill entitled an act appointing a Committee to exaraine the road frora Salsbury to West Rutland, which was read & referred to Mr Seymour, The Petition of Isaiah Sanford praying for compensation &c, was rec" with an order ofthe house referring the same to a Coraniittee of 3 to join a coraraittee of Council, which being read it was Resolved to concur with the House of Representatives in their reference. The Petition of Josias Smith Esqr. & others was rec" frora the House of Representatives with an order of the House Referring the same to a coraniittee of three to join a coramittee of Council, which being read it was Resolved to concur in said Reference & Mr Hunter app" to join. The Petition of Jesse Fairchilds was rec" from the House of' Repre sentatives with an order of the House Referring the sarae to a Coramittee of three to join a com"" ofthe Council, & it was Resolved to concur with the House in said Reference & Mr Seymour joined. The Petition of the inhabitants of Deweysburgh to be annexed to Peacham was rec" with an order ofthe House appointing a committee to join a Committee of Council and on motion it was Resolved to join wilh the House in the said reference & Mr Chittenden joined. The Petition for a new County was rec" from the House with their order thereon appointing a committee ofthe House to join a Committee of Council, which was then read & on raotion it was Resolved to concur with the House in their said reference, & Messrs Loorais & French were appointed to Join the Committee of'the House frora Council. The Petition ofthe Inhabitants of the towns of Newark & Easthaven were received from the House with an order referring the sarae to the joint Committee on the new County, which was read & it was then Re solved to concur with the House in their said reference. Rec" from the House the Petition of the Inhabitants of Wardsboro with an order of the House referring the sarae to the joint Coramittee on the Petition of Brookline, which was read & it was Besolved to con cur with the House in their above resolution. Rec" from the House the following Resolution Viz. In Gen, Assembly Oct, 17'"' 1809. Resolved that his Excellency the Governor be requested by & with the advice of Council to appoint the first thursday of Decem ber next to be observed as a day of Public thanksgiving & Praise throughout this State. Attest W. D. Sraith Clerk, which being read it was resolved to concur with the House in s" Resolution. The Petition of David Ramsdill & others was rec" from the House with an order of the House thereon referring the same to the joint Com raittee on the Petition of Levi Hall, which was read & it was Resolved to concur with the House of Representatives in their above reference. Rec'J from the House the Petition of the Selectraen of the town of Waterford with an order ofthe House thereon referring the same to the 252 Governor and Council — Octoher 1809. joint Committee on the Town of Brandon, which was read & on motion was Resolved to concur with the House in their said Reference. Rec" from the House the Petition of the town of Wells, which was called up, by the House referred to a Committee of three to join a Com mittee of Council, which was read & it was then Resolved to concur with the House in said reference & Mr Seyraour joined. Rec" from the House the Petition ofthe Inhabitants of Danville to be annexed to Saint Johnsbury with an order of the House appoint ing a Comraittee of the House to join a Comraittee of Qouncil, which was read & then it was Resolved to concur with the House in s" refer ence & Mr Crafts joined. Rec" from the House the Petition of Barton for a certain right of land, with an order of. the House thereon appointing a Committee of the House to join a Comraittee of the Council, which was read & on mo tion it then was Resolved to Concur with the House in said reference. Mr French joined. Rec" from the House the Petition of Francis Bradbury praying for a privilege of a road &c. with an order thereon appointing a Coramittee of three to join a Committee of Council, which was read & Resolved to concur with the House in said Reference & Mr Bliss joined frora Council. Rec" from the House the Petition of the Inhabitants of Waitsfield, Duxbury & Moretown "praying the Legislature to grant them assistance in raising mulberry trees," with an order of the House thereon refer ring the same to the joint Committee on Manufactures; which heing read it was on motion Resolved to concur with the House in the above reference. Rec" from the House the Petition of Waterford for a land tax with an order of the House referring the same to the 2" land tax Committee, which being read it was on motion Resolved to concur with the House in the aforesaid reference. Rec" from the House the bill for the relief of William Slade, the Peti tion of Barnard, the Petition of William Brusee, the Pet. of Silas Alger J'- the Bill eu" an act directing the treasurer to pay Josiah Barton the sum thereof, the account of Gideon Hawley, the Petition of Atherton Hale Jr, & Parley Davis were rec" with an order of the House on each referring them to the joint Committee of Claims, which being severally read it was on motion Resolved to concur with the house in each of said references. The Petitions of Benjamin H, Oaks, Walter Bugbee, Elias Gallupp, Theophilus Whittles, John Strong, Ebenezer Sawyer, Joseph D, Wheeler were rec" vvith an order of the House on each referring them to the joint Comraittee of insolvency & Suspension; which being'severally read on motion it was Resolved to concur with the H, of Representatives in said reference. Rec" from the House of Representatives a bill entitled " an act to revive & alter an act laying a tax on Pittsfleld," the Petition of the In habitants of Middlesex for a land tax & the Petition of the Inhabitants of Woodford for a tax with an order of the House thereon referring the same to the 1"' Joint land tax Coramittee, which were read & on motion it was Resolved to concur with the PI. of Representatives in their s'' references. The Petition of the Passurapsic Turnpike Corporation, the Pet, for a Turnpike through Plymouth & for a turnpike from Connecticut River to Newfane with an order nf the House on each referring them to the joint Turnpike Conimittee, which were then severally read by the Sec retary & it was Resolved to concur with the H. of Representatives in their s" Reference, Adjourned to 9 OClock tomorrow A, M. Governor and Council — October 1809. 253 Thursday October 19'". 1809 9 O'CIock A. M. The Council met pursuant to adjournment. On motion Mr. Seymour was ap'pointed an additional Committeeman on the 2" joint land tax Committee. Rec" from the House a resolution of the same adopting the amend ment of Council to the resolution appointing a time for the meetino of the joint Committee of both Houses for the purpose of receivino "the County nominations. Also rec" a resolution of the House appointtno a Comraittee on the part of the House to join a Committee of Councif to be denominated the 3" land tax Committee, which was Read & it was Resolved to concur with the House in the sarae & Mr Bliss joined. Rec" from the House the bill entitled " an act reviving a land tax on Huntsburgh," the Petition of Groton for a land tax. Petition of Orange for a Tax on Groton, which were accompanied each with an order of the House referring the same to the 3" land tax Committee, "which were then severally read & it was Resolved to conciir with the House in their said reference. The Petition of Jonathan & Levi Alger was rec" with an order of the House thereon referring the same to a joint comraittee; three members ofthe House chosen to join a Comraittee of Council; which was read & it was on motion Resolved to concur with the house in the reference & Mr Seymour joined. The Petitions of Winnoski Turnpike Corporation & of Jonathan Dan forth were rec" with an order of the House on each referring them to the Joint Turnpike Committee, which being then read it was Resolved to concur with the House in said reference. Petition for a Company of Riflemen in the 3" regiment 2" Brigade & 2" Division, with an order of the House referring the same to the joint Military Committee was rec" [and] being read it was Resolved to con cur with the House of Representatives in said reference. Rec" from the House the Petition of Ebenezer Clark praying for a new trial, with an order of the House to refer the same to the joint Com mittee on new trials, which was read & on raotion it was Resolved to concur with the House in said reference. Rec" from the House the Petition of Thomas Hodgkins praying for an act of suspension, with an order of the House to refer the same to the joint Committee of suspension & it was Resolved to join in said refer ence. The Petition of the town of Fayston was rec" with an order of the House to refer it to the joint Com"" of Claims, which was read & on mo tion Resolved to concur with the House in their said reference. The Petition of Grant Weed praying for a pardon was read & leave given to the Petitioner to withdraw. Rec" from the House a resolution of the House appointing the open ing of the house in the afternoon of this day the time to meet in the Representatives' room to appoint a Surveyor Geueral & auditor of ac counts against this State for the year ensuing, which was read & on mo tion it was Resolved to concur with the House of Represeutatives in s" Resolution. Adjourned to 2 Oclock P. M. 2 OClock P. M. — The Council met Pursuant to adjournment. The Petition of Thomas Todd & Son praying for certain exemptions for Manufactures &c. was rec" with an order of the House referring the same to the joint Committee of Manufactures, which was read & it was Resolved to concur with the house in said reference. Pursuant to the concurrant resolution of both Houses the Governor 254 Govemor and Council — October 1809. & Council met the House in joint Committee for the purpose of electing Surveyor General &c. which being corapleated, the Governor & Council returned to their Chamber.' The Petition of Joseph Holcomb was rec" with an order of the House referring the same to the joint Committee of Claims, which was read & it was resolved to concur with the house in the same. The Petition of the Inhabitants of Bennington County to remove the County buildings was rec" with an order of the House referring the sarae to the [a] "joint Conimittee of three to join a Committee of Coun cil, which was read & on motion it was Resolved to concur with the House in said reference & Mr Hunter joined. The Petition of Winthrop Hill was rec" with an order of the house referring the same to the joint Committee of Clairas, which was read & Resolved to concur with the house in said reference. Rec" frora the house the Petition of Moses Strong praying for a Turn pike, with an order of the house referring the same to the joint Com mittee on Turnpikes, which was read & on motion it was then Resolved to concur with the house in passing said resolution to join s" reference. Rec" from the House the Petition of Silas Fisher with au order ofthe house referring the same to the joint Conimittee on the Petition of Levi Hall, which was read & on motion it was Resolved, to concur with the house in their said reference. Rec" from the house the Petition of the Washington Artillery Com pany with an order ofthe house referring the same to the joint Military Conimittee, which was readj& on motion it was then Resolved to concur with the House in said reference. Rec" frora the House the Petition of Thonias Reed for a suspension of Civil process ag' him fbr a terra of years, [which] was read & on motion it was Resolved to concur with the house in referring said Petition to the joint Committee of insolvency & Suspension. Rec" from the House the Petition of the proprietors of Mt. Tabor with an order ofthe house referring the sarae to the joint Conimittee on the Pet. of Orange, which was read & it was resolved to concur in s" reference. The petition of John Gould praying for a new trial was rec" with an order of the House referring the same to joint Committee on New Trials, which was read & on motion it was resolved to concur with the House in said reference. Rec" from the House the Petition for a road from Rutland to Middle bury with an order of the House referring the same to a Coram"" of 3 members to join a Comraittee of Council, which was read & it was Re solved to concur with the House in the said reference & Mr Keyes joined from Council. Rec" from the House the Petition for a Medical Society in the County of Caledonia, with an order of the House to refer the same to a Com mittee of 3 members to join a Committee of Council, which was read & it was on motion Resolved to join the House in the aforesaid reference & Mr French joined. Rec" from the Plouse the Petition of Eleazer Wheelock for an exclu sive privilege of running a stage &c. with an order of the House refer ring the same to a Committee of 3 to join a Committee of Council, which was read & it was on motion Resolved to concur with the house in said reference & Gov. Brigham joined. Rec"! from the House the Petitions from Peru, Londonderry, Wind- ' Joseph Beeman jr. was re-elected Surveyor General, and Alexander Hutchinson Auditor. Governor and Council — Octoher 1809. 255 ham &c. Praying for the alteration of their Military district & that a new Regiment may be forraed— they were read & on raotion Ordered to lie on the table for Consideration. Rec John Newell was elected. 302 Governor and Council — Octoher 1810. Mr Chittenden Introduced the bill entitled " an act establishing State & County Medical Societies," which was read & Ordered to lie on the table for consideration. Rec" the pet. of Inhab'" of Moretown for a Justice of the peace, with an order of the house referring the same to the members of the County [Chittenden] to join, which was read & it was Resolved to concur with the house in their said reference, & Mr Chittenden was app" to join. Rec" from the house the bill entitled " an act on the pet. of Abraham Conklin," with an order of the house to refer the same to the joint Comee on the pet. of Joseph Mott, which was read & it was Resolved to concur with the house in their said reference. Rec" frora the house the following engrossed bills, sent from the house for concurrance, revision or proposals of amendment. Viz. one entitled "an act establisbing an academy in West Rutland"; one entitled "an act appointing Commissioners to raake division of lands iu Enosburgh "; one entitled "an act Suspending civil process against Dexter Ward"; one entitled " an act laying a tax of 2 Cents pr acre on M'- Tabor"; one entitled " an act Granting a ferry to Lyraan Hyll " [Hill;] ditto "an act laying a tax of 3 cents pr acre on the town of Kirby"; ditto " an act lay ing a tax on the town of Corinth"; ditto, an act restoring John Dunbar to his legal privileges," which were read & passed into Laws. Adjourned to 2 O'C. P. M. 2 O'C P. M. — The Council raet pursuant to adjournment. Rec" frora the house the bill entitled "an act relating to the duty of proprietor's clerks" with an order of the house referring the same to a Coniee of four to join a Comee of Council, which was read & Resolved to concur with the house in said reference & Mr Keyes was appointed to join. Rec" from. the house the following resolution: "In Gen. Assembly Oct. 29'"' 1810. Resolved, that the Committee appointed on the bill for causing the Supreme Court to hold a Session in ttie County of Essex be directed to enquire into the expediency of holding a Session in each of the Counties where said Court does not now sit, & report by bill or otherwise, which was read & adopted. Attest W. D. Smith Clk." which resolution was read & it was Resolved to concur with the house in passing the same. Rec" from the House the bill entitled "an act relating to goal bonds," which had been referr" to a joint Comee who made report which was not accepted & said bill referred to said Commee. which was read & Resolved to concur with the house in their said reference. Rec" from the house the [following] Engrossed bills. Viz. one entitted "an act granting relief to Prudence Murdock," & one entitled -'an act making Vermont [State] bank bills a tender for a payraent of land taxes," which was [were] read & it was' Resolved to concur with the house in passing said bills into laws. Pursuant to adjournment the Gov. &. Council met the house in joint Committee for the purpose of compleating County appointments & after compleating the same the Gov. & Council returned to their Charaber, The engrossed bill entitied "an act establishing an academy in West Rutiand," which had been passed into a law, was now called up & the resolution of concurrence rescinded & then said bill was ordered to lie for further Consideration. Rec" from the house the following engrossed bills sent up for concur rance, revision or proposals of amendment, Viz. one en" "an act laying a tax of 3 cents pr acre on the town of Highgate," one entitied "an act to legalize certain town records of Marshfleld," one en" "an act to (xovernor and Council — Octoher 1810, 363 legalize the records of the town of Richraond," which were read & it was Resolved to concur with the house in passing the same into laws. Adjourned to 9 O'C, A, M, tomorrow. Tuesday October 30'" 1810 9 O'C, A, M, Council met pursuant to adjournment. Pursuant to the Statute law of this State the Governor & Council proceeded to ballot for some suitable person for a Surveyor of public buildings for ,the year ensuing; & the ballots were taken, sorted & counted, when it appeared that Sylvanus Baldwin had a major part & was declared duly elected. Rec" from the house the engrossed bill sent for revision &c. entit" " an act empowering the Rutland & Stockbridge turnpike Corporation to re move gates," which was read & it was Resolved to concur with the house in passing the same with the following amendments. Viz. erase the three last lines of the bill & then insert the following; " travelling the old south road through said Sherburne to Bridgewater, nor travel ling said South road from said Bridgewater to Rutland, And be it fur ther enacted, that nothing in this act contained shall prevent said corpo ration from removing said gate back to said Sprout's again at any future time when they shall tliinli best to remove as aforesaid," & Mr Keyes assigned the reasons of the house. Gov, Brigham introduced, on leave, the following resolution: In Coun cil October 30'". 1810, Resolved, that His Excellency the Governor be & hereby is advised to alter the east line of the 2" Division of the Mili tia of this State so that the towns of Windham & Londonderry in the County of "Windham [and] Andover & Weston in the County of Wind sor shall be contained in & belong to said 2" division, and that the towns afores" shall belong to the flrst brigade of tbe 2" Division afore said, R, C, Mallary Secv- The Secretary was directed to enter the following order of his Excel lency the Governor on the records of Council at large: " I, the under signed. Governor in & over the State of Vermont, by & witti the advice of Council expressed in the forogoing resolution, do hereby order & de clare that the east line of the sai'cl 2" division of the Militia of this State shall run in such directions that the towns of Windhara & Londonderry in the County of Windham, & the towns of Andover & Weston in the County of Windsor, raay be contained in & belong to the said 2" divis ion of the Militia of this State, and that the lines of said 1"^ brigade shall so run as to contain the towns above mentioned. And said towns shall be deemed & taken to belong to said 2" division & 1"' Brigade thereof, for all railitary purposes whatever. Jonas Galusha," Mr Seyraour introduced a bill entitled " an act for the relief of Beniah Woodward," which was read, passed & ordered to be sent to the General Assembly for their concurrance, Rec" the engrossed bill entitied " an act incorporating the north & south Districts of Wardsboro into separate & distinct towns," sent for revision &c, which was read & Resolved to concur with the house in pass ing the same into a law. Rec" from the house the bill entitied " an act altering tbe times of Sitting of the Supreme Court in the Counties therein mentioned," with an order of the house referring the same to a Coramittee to join a Comee of Council; read & it was Resol-v^ed to concur with the house in their said reference, . Rec" from the house the Engrossed bill entitied "an act appointing a 304 Governor and Council — Octoher 1810. Committee to survey a market road from Orwell to Fairhaven," which was read & it was Resolve'd to concur with the house in passing the same into a law with the following proposal of amendment, Viz. Erase the 3" Section of the bill & insert the following section. Viz, " Sec. 3"- It is hereby further enacted, that the aforesaid Comee gjjall have the same power to assess damages & set over old roads and allowance lands in compensation for damages as given to Selectmen : & persons ag grieved shall have the same redress as is given in the flrst section of an act entitled an act reducing into one the several acts for laying out, mak ing, repairing & clearing highways." Gov, Brigham assigned the rea sons to the house, Rec" from the house the engrossed bill entitled " an act for the relief of Moses "Wallace," sent for revision &c, which was read & it was Re solved to concur with the house in passing the same into a law. Adjourned to 2 O'C, P, M, 2 O'C, P, M, — Council met purs' to adjournment, Rec" from the house the bill entitled " an act constituting a Company of Artillery in Windhara, Andover & Londonderry," with an order of the house referring the same to the joint Military Committee, which was read & it was Resolved to concur with the house in their said ref erence. Rec" from the house the pet. for a Medical Society in Caledonia County, with an order of the house referring the same to a Comee of 4 to join a Comee of Council, which being read. Resolved to concur with the bouse in their said reference & Mr Chittenden joined. Rec" from the house the bill en" " an act appointing a Commee to lay out a road from Canaan to Holland," with an order of the house refer ring the same to a Comee of 4 to join a Comee of Council, which was read & it was Resolved to concur with the house in their said reference, & Mr Loomis was app" to join. Rec" from the house the bill entitled '' an act relating to the State printing," with an order of the house referring the same to the Comee of 4 to join a Comee of Council, which being read. Resolved to concur with house in their said reference & Mr Bliss Joined said Committee. Rec" frora the house the bill en" "an act in addition lo an act to pre vent fraudulent speculations in Choses in actions," which was referr" by the house to a Com"" of 4 to join a Com"" of Council, which was read & Resolved to concur with the house in their said reference & Mr Seymour was appointed to join. Rec" from the tiouse the pet. of Russell Corning & others, praying for the removal of Chittenden County buildings, with an order of'the house referring the same to a Com"" of 4 to join a Com"" of Council, which was read & it was Resolved to concur with the house in their said reference & Mr Keyes was app" to join said Coram""- Rec" the pet. of Henry Whitcher, which had been referred to a joint Committee who made report to Gen. Assembly & report not accepted with an order of the house to refer the same to the joint Coram"" of Claims, which was read & it was Resolved to concur with the house in their said reference. Rec" from the house the bill entitled "an act laying a tax of 4 Cents pr. acre on the lands of Goshen gore," with an order ofthe house referre the same to the 2" joint land tax Com""' which was read & it was Re solved to concur with the house in their said referencie. Rec" from the house the engrossed bill entitled "an act constituting a new County by the name of Jefferson," sent for revision &c. which was read & on the question shall the bill pass? the yeas & nays were called Govemor and Council — Octoher 1810, 305 for & taken as follows; Yeas, Messrs Brighara, Wright, Seymour, Bliss, Loomis & Chittenden— 6; N.ays, Messrs Keyes, Sraith, French, Butler, Hunter, Dennison & Crafts — 7; so it was decided in tbe negative. The following were the reasons drawn & ordered to be carried to the Gen' Asserably; "1"'- That the Counties of the State' of Vermont are con sidered sufficiently small for the accommodation of the Citizens, who must necessarily resort to the shire-towns of Counties, 2"- That when the State was organized into Counties, the greatest possible convenience of the people was consulted, great expence has been made in erecting public buildings for the accoraraodation of Courts, which in several Counties the Gov. & Council consider will be wholly sacriflced should the bill pass, because they consider tbat the present centre of other Counties will be destroyed and in order to prevent the greatest sacrifice of public convenience tlie public buildings of those othej Counties must be removed, which would destroy large sums of public raoney expended in those buildings, 3"- The Gov. & Council consider that for tbe regu larity of public business & to prevent confusion introduced, the Counties should be as permanent as the circumstances ofthe State will permit. R. C. Mallary Secv-" Rec" frora the house the following engrossed bills sent up for revision &c. Viz. one entitled "an act laying a tax of 2 cents per acre on the town of Worcester;" one entitled "an act incorporating certain persons therein naraed by the name of the Thetford Manufacturing Company;" one entitled "an act for the reraoval of Sarauel Pope Jr. frora Woodstock Goal to State's prison," which were read & it was Resolved to concur with the house in passing the sarae into laws. Rbc" the engrossed bill entitled " an act in addition to an act in araendraent of an act for the purpose of founding an University at Burlington," which was read & it was Resolved to concur with the house in passing said bill into a law, with the following proposal of araend raent. Viz, in 7'" line from the bottora ofthe bill erase the word "forever" & insert "Subject to the order of a future legislature." Mr Loomis was appointed to assign the reasons to the house. Rec" from the house the engrossed bill sent for revision &c, entitled "an act authorising the Franklin Independant Artillery Corapany to enlist from the Standing Companies," which was read & it was Resolved to concur with the house in passing said bill into a law, Rec" from the house the following engrossed bills, sent from the house for revision &c. one entitled "an act in addition to an act estab lishing a Company of Riflemen in Rutland;" one entitled "an act to incorporate certain persons by the name ofthe Vergennes Agricultural Society;" one en" "an act granting a ferry to Joseph Mott;" & one entitled "an act laying a tax on the County of Caledonia," which were read & passed into laws. Adjourned to 9 O'C. to morrow. Wednesday Oct, 31"*- 1810, 9 O'C, A. M. The Council met pursuant to adjournment, Rec" from the house the following engrossed bills, sent up for revision &c, one entitied "an act dividing the public lands in South & Middle Hero;" one entitied "an act to alter the tiraes of holding meetings of Orange County Gramraar School;" one entitled "an act relating to the public lands in the towns of Ferrisburgh & City of Vergennes,' which were read & it was Resolved to concur with the house m passing the same into laws, 20 306 Gwernor and Council — Octoher 1810. Rec" from the house the engrossed bill entitled "an act relating to guardians app" over drinking & disorderly persons," which was read & ft was Resolved to nonconcur with the house in passing the same & the reasons were reduced to writing & returned to the house. The engrossed bill entitied "an act empowering the Rutiand & Stock- bridge Turnpike Company to remove the gate [now] erected on the turnpike near Zebedee Sprout's," which had been sent down to the house with proposals of amendment, and was now returned by Mr Hutchinson, who informed the Gov. & Council that the house had not concurred wilh said proposals of araendraent, when he withdrew & the bill was ordered to lie. Adjourned to 2 O'C. P. M. 2 O'C. P. M.— Council met pursuant to adjournraent. The bill entitied "an act empowering the Rutiand & Stockbridge Turnpike Co. to remove Gates" &c. which had been sent down with pro posals of amend' & returned, was now called up & it was Resolved to rescind from said proposals of amendment & to nonconcur with the house in passing said bill, which was returned to the house with the rea sons therefor in writing. The engrossed bill, entitled "an act constituting a new County by the name of Jefferson," which, yesterday, was nonconcurred by the Gov. & Council, was now returned again, passed, frora the house to the Gov. & Council for their revision, concurrance &c. & on the question will the Gov. & Council concur with the bouse in passing this bill into a law? the yeas & nays were called for & taken as follows; Yeas, Gov. Brigham, Messrs Chittenden, Loorais, Bliss, Seymtmr, Butler, Wright & Keyes, 8; Nays, Smith, French, Hunter, Dennison & Crafts, 5: So it passed in the affirraative, & [it] was Resolved to concur with the house in passing said bill with the following araendraent, which had been previously pro posed. Viz. erase the 2" Sec. & insert the following; "Sec 2"- And it is hereby further enacted by the authority aforesaid, that John Peck of said Waterbury, Gershora Palraer of said Calais & Nicolas Baylies of said Montpelier be and hereby are appoinled a coraraittee to designate tbe place in said County of Jefferson whereon to bulid a goal & Court house for said County, and by purchase or gift, procure sufficient land for that purpose, taking a deed of the same in trust for said County: and said coraraittee are hereby authorised to proceed imraediately to erect said Goal & Court house & expend such raonies as shall be raised by subscrip tion fbr tbat purpose, & when said Committee shall have erected by subscription a good & sufficient goal, together with a dwelling house annexed thereto, for the use of the keeper, & provide some convenient place for the Courts to be held al for the lirae being, to the acceptance of the judges of the Supreme Court, the said County of Jefferson shall be organized for the transaction of all legal public business as a County," Gov. Brigham was appointed to assign the reasons to the house.' ' The following account of the change of the proposed narae of the new county to " Jefferson" was given in The [Windsor] Washingtonian of Nov. 25 1810 : The Representatives of all the towns, which compose this County, raet, and on raotion of Mr. Robinson of Stowe, unanimously agreed, that it should be called Washington County. The name of " 'Wash ington" was inserted in the title of the Bill, tho' the blanks were not fllled. When it was read in the house, Mr, [Henry] Olin moved to fill the Blanks with "Jefferson," It was then objected, that "Washington" was inserted in the title, Mr, Olin said it was undoubtedly inserted by Governor and Council — Novemher 1810, 307 The bill entitied "an act in addition to an act &c. for the purpose of founding an University at Burlington," which yesterday passed wilh certain proposals of amendment, was now called up & the resolution of concurrance rescinded & ordered to lie for furtiier consideralion, Rec" the engrossed bill entitled "an act establishing an academy in Addison & Counly of Addison" sent up for concurrance &c. which vvas read & it was Resolved to concur wilh tho house in passing the same into a law with the following amendment. Viz. after the ^\' or cT" academy" in line 4'" of page 2" of the bill .[insert the words] "to any am' not exceed ing three thousand dollars;" & Mr French assign the reasons to the house. The engrossed bill entitied "an act establishing an acaderay in West Rutiand" was called up & it was Resolved to concur witii tbe house in passing the same into a law with the following proposal of amendment. Viz. in the last line of section 3" erase the words "ten thousand dollars" & insert "three thousand dollars;" and erase the whole of section 5'" after the words "all taxes." Mr French assigned the reasons to the house. Rec" from the house the Resolution of tiie house appointing tomorrow morning 10 O'CIock to meet in joint Coram"" to choose directors of Verraont S' Bank & Visitors of State prison, which was read & it was Resolved to concur with the house in said resolution. Rec" frora the house the engrossed bill enlitled "an act constituting a Company by the name of Jefferson Artillery Company," which was read & it was Resolved to concur vvith the house in passing said bill into a law. Adjourned to 9 O'C. A. M. tomorrow. Thursday Novem' 1" 1810, 9 O'C. A, M, The Council met pursuant to adjournment. Pursuant to the joint resolulion of both houses the Governor & Council met the house in joint Com"" for the purpose of electing Directors of the Bank & Visitors of State prison, which was in part compleated when the Comraittee adjourned to tomorrow niorning at the opening ofthe house. Rec" from the house the bill entitled "an act in addition to an act establishing a State bank,'' which was read & it was Resolved to concur with the house in passing the same with several amendraents. Adjourned to 2 O'C. P" M. 2 O'C, P, M, — The Council raet pursuant to adjournment. His Excellency directed the Secretary to deliver the Speaker of the House the following Communication: mistake, Mr, [Jacob] Smith of Royalton was in favor of "Washington," and observed that he should have no objection to the next County's being called "Jefi'erson, " Mr, Titus Hutchinson then raoved to strike out that part of the title which included the narae of "Washington" &c, so that it would read "An act constituting a New Counly" &c. which (Mr. Olin withdrawing his motion) was carried, Mr, Olin then re newed his motion to fill the Blanks with "Jefierson," which was also carried. In Council, Judge [Elias] Keyes raoved that the narae of the County should be ""VVashington," but his motiou was not seconded, .and in this manner was it named, contrary to the unanimous voice of the petition ers by their Agents, Jefferson County. In 1814, the name was changed to Washington, and the change has since been respected by all political parties. 308 Govemor and Council — November 1810. To the Hon. D. Chase Esq'' Speaker of the House of Representatives : — Sir, I have to inform the house through you that Major General Curtiss of the 4'" division, & Brigadier General Abner Forbes of the 1"' brioade & 4'" division of the Militia of this State, have delivered to me the°resignations of their several offlces afores" which I have accepted. The Gen, Assembly will please to direct the manner of fllling the vacancy. JoNAS Galusha. Bee" from the house the engrossed bill entitied an "act to establish the proceedings of the proprietors of Orange," which was sent to the Gov. & Council for revision &c. which was read & Resolved to concur with the house in passing the same into a law. Rec" from the house the following engrossed bills sent up for concur rance &c. one entitied "an act laying a tax on Brownington," & one enlitled "an act incorporating certain persons therein named by the narae of the Champlain Cotton & Woolen Manufacturing Company," which were read & it was Resolved to concur with the house in pass ing the same into Ifiws. The engrossed bill entitled "an act in addition to an act & araendraent of an act for the purpose of tbunding an University at Burlington,'' which had been ordered to lie. & was now called up & on the question. Will the Council rescind from their proposals of araendraent? the Yeas & Nays were called for & taken as follows: Yeas Gov. Brighara, Messrs. Chittenden, Crafts, Dennison, Hunter, Butler, Wright; Nays, Loomis, Bliss, Seymour, French, Smith & Keyes. So the Council rescinded from their proposals of araendraent & then on the question Shall the Gov. & Council concur with the house in said bill. It was decided in the affirraative, so the.bill became a law. Mr Hutchinson appeared in Council & returned the bill relating to the State bank, which had been sent down to the house with certain pro posals of araendment, & inforraed the Gov. & Council that the house had concurred in all the proposals of amendment except the first, & then he withdrew; whereupon it was Resolved to concur with the house in pass ing said bill after rescinding the said flrst proposal of amendment, Rec" from the house the engrossed bill entitled " an act in addition to an act for the support of Schools," which was read & it was Resolved to nonconcur with the house in passing the same, Rec" from the house the following bills sent up from the house for concurrance &c, one en" " an act in addition to an act constituting a Company of Artillery in the town of Fairfax," & one en" " an act annex ing the district of Deweysburgh -in the County of Caledonia to the towns of Peacham & Danville," which were read & it was Resolved to concur with the house in passing the sarae into laws. Adjourned to 9 O'C, A, M. tomorrow. Friday November 2". 1810, 9 O'C. A, M. The Council met pursuant to adjournraent. The following resolution was introduced & passed; In Council Nov, 2". 1810, Resolved that the Council advise his Excellency the Governor to appoint the third Wednesday of April next to be observed as a day of public fasting & prayer throughout this State; and that he be re quested to issue his proclaraation accordingly, Rec" from the house the account of Alexander Hutchinson & Sylva nus Baldwin with orders to refer them to the Comee of Claims, which were read & Resolved to join in s" reference. Rec" from the house the following resolution: In Gen' Assembly Nov, 1"'' 1810. Resolved, the Gov. & Council concurring herein, that the two Governor and Council— Novemher 1810. 309 houses meet in the representatives' roora tomorrow raorning at 10 Oclock for the purpose of electing a Major General to supply tiie va cancy occasioned by the resignation of Zebina Curtiss; & klso a Brioa- dier General to supply the Vacancy occasioned by ttie resignation of Brigadier Gen Forbes, Attest W, D, Sraith •CIk,"'^which being read° was Besolved to concur with the house in their said resolution The engrossed bill relating to Shoemakers was read & it was Resolved to nonconcur with the house in passing said bill & the reasons in wri ting were sent to the house. His Excellehcy the Governor informed the Council that Jonathan Robinson Esquire had resigned his office of Comraissary General whereupon his Excellency was pleased with the advice of Council to appoint Sarauel B, Young Esquire to flll the vacancy thus occasioned Rec" from the house a resolution, dated Oct. 29'". 1810, aijpointino friday then next at 10 O'C. for the purpose of adjourning the leo-islature without day, which was read & it was Resolved to concur with the house m said resolution with the following proposal of amendment: erase the words " Friday morning " & insert " tuesday the O"* of Nov." Pursuant to appointments the Governor & Council raet the house in joint Committee fbr the purpose of electing Directors of the State Bank & a Major General & Brigadier General to fill the vacancies occasioned by the resignations of Maj. Gen. Curtiss & Brig. Gen, Forbes which being done they returned,' ' Rec^from the house the following engrossed bills sent for concurrance &c. Viz. one en" "an act to revive an act appointing a Committee to survey the road therein raentioned," one "an act granting relief to Ephraim Munson," one "an act laying a tax of three cents per acre on the Goshen Gore adjoining Plainfield,'"' one "an act for the revival of an act for a land tax on New Huntington," one "an act relating to State printing," one "an act altering the name of Dalinda Wheeler to Cush man," one "an act to authorize Samuel Smith Jr. to deed certain lands therein mentioned," one "an act in addition thereto, appointing a Com"" to Lay out & survey a road therein mentioned," which were read & it was Resolved to concur with the house in passing the same into laws, Rec" frora the house the engrossed bill sent up for concurrance &c, en" "an act in addition to the act for the Support of Schools," which was read & it was Resolved to nonconcur with the house in passing the eame and that the following reasons be sent to the house. Viz "1"'- Because frequent alterations in the laws are attended with many serious incon veniences and never ought to be made unless such laws are materially defective, which the Governor & Council consider is the Case with those which relate to schools; 2"- Because in the opinion of the Gov, & Council, the towns & districts especially in the older part of the Slate are doing as much for the support of schools as is necessary; and the newer towns perhaps as much as they can, considering their circum stances, under the laws now in force, 3"- Because the Legislature so amended t^e laws that those embarrassraents under which districts la bored in raising money were removed so that a raajority in each district have power to raise as much money for the support of schools as a ma jority may think best, 4'"- Because the tax contemplated to be raised by this bill would go but little towards supporting schools; of course each district must resort to several different modes of raising & collecting money for the same purpose which they have usually done in one. This it is considered would be attended witti inconvenience & perplexity. Adjourned to 2 O'C. P. M, 'William Cahoon was elected Major General and Seth Wood Briga-. dier GeneraL 310 Govemor and Council — November 1810. 2 O'C. P. M.— Council raet pursuant to adjournment, Rec" from the house the report of the Coramittee respecting the Visitors of the State's prison with an order of the house referring the same to a Comee of 3 to join, which was read & it was Resolved to concur with the house in their said reference, Mr Crafts was app" to join, Rec" from the house the resolution appointing tomorrow morning the time to adjourn the legislature, which was read & it was Resolved to concur with the house after erasing the words "tomorrow morning" & insert "Monday morning." Rec" frora the house the resolution for both houses to raeet in the rep resentatives' room for the purpose of electing trustees to the University of Vermont, which was read & it was Resolved to concur with the house in their said resolution, Rec" from the house the following engrossed bills sent for concurrance &c. Viz. one en" " an act incorporating certain persons therein named by ttie [name of the] president, directors & Company of the Vermont Glass factory," one " an act relating to the duty of proprietors' Clerks," one " an act in addition to an act fbr the support of Schools," one " an act directing the treasurer to pay the sura therein mentioned," one " an act establishing the rate of interest on Goal bonds & officer's receipts," which were read & it was Resolved to concur with the house in passing the foregoing bills into laws, Rec" the engrossed bill enti" " an act to empower the Supreme Court to adjust accounts against the State," which was read & it was Resolved to nonconcur with the house in passing the same into a law. The rea sons in writin.g vvere drawn up & delivered to the house as follows; " 1"'- Because it is believed that the passing of said bill will not prevent fu ture applications to the legislature for compensation of services ren dered this State as mentioned in said liill, A law of this nature would be considered as an invitation to exhibit accounts to said Court for ad justment; they would be numerous & enormous, & raany of thera of long standing. The more just of them would be allowed, & the rest of the applications, having been thus encouraged, would come before the legislature. 2"- Because it is believed the Supreme Court have given the fee-bill a very liberal construction vvith respect to claims of this na ture; and that an alteration so material as the bill contemplates would not prove advantageous to the comraunity at large. Our laws on this subject are of long standing, and the coiiteraplaled alteration may be attended with raore serious consequences than was apprehended. To keep open the door for the exercise of true patriotism, may prove the mean of keeping closed the avenues to enormous expences." Adjourned to 9 O'C. A, M. tomorrow. Saturday Novem' 3". 1810, 9 O'C, A. M. Council met pursuant to adjournment. Personally appeared in Council the lion. Elias Keyes, Aaron Leland & Williani Hunter, to whom the oaths pf offlce vvere duly administered as Judges of Windsor Countv Court. At the sarae tirae tho oaths of office were duly adrainistered to Hon. Ezra Bullet & Noah Chittenden Esqr"- as Judges of Chittenden County Court; also the oaths of office were duly administered to the Hon. Beriah Loomis Esquire as Judge of Orange County Court, Rec" from the house the engrossed bill entitied " an act laying a tax of 4 cents pr acre on the town of Sheldon," which was sent up for con currance, which was read & it was Besolved to concur with the house in passing the same iuto a law. Governor and Council — November 1810. 311 Rec" from the House the engrossed bill en" " an act in addition to an act relating to the State prison," which was sent up for concurrance &c, which was read & it was Resolved to concur with the house in passing the same into a law with [adding] the following araendment. Viz, " Sec, 5. And it is hereby further enacted, that whenever any convict, who, in the opinion of the "V'isitors & Superintendant shall have been of quiet behaviour during his residence in the State's prison, and shall have fully complied with the sentence whereon he stands committed, and Costs of prosecution only remain unsatisfyed, and said convict shall be unable to pay the same, it shall be the duty of the Superintendant imraediately to discharge said convict and suffer him to go at large whither he will, and the Superintendant shall at the same time execute and deliver to such convict a certificate showing a compliance with the sentance & that such convict is fully discharged," I^r Loomis was app" to assign the reasons to the house. The Hon, Noah Chittenden was excused for the remainder of the Session, Rec" the engrossed bill en" " an act assessing a tax of one cent on the dollar on the list of the present year " [State tax,] which was sent for concurrance &c, which was read & it was Resolved to concur with the house in passing the same into a law, Rec" from the house the engrossed bill entitled "an act appointing a Comra"" to alter the County roads leading from Chelsea by Danville Court house to the south line of Wheelock, and from Montpelier to Dan ville Court house," which was read & itwas Resolved to concur with the house in passing the same with the following amendment. Viz. " Sec. 2"- It is hereby further enacted, that any land owner, through whose land said road may be laid, shall be entitied to the sarae privileges as are given in the act enlitled an act reducing into one the several acts for laying out, niaking, repairing & clearing highways." Mr Loomis was appointed to assign the reasons to the house. Rec" from the house the bill en" "an act appointing a Committee to alter tbe market road leading from Derby to Guildhall," which was read & it was resolved to concur with the house in the same with proposals of amendment & Mr Crafts was [appointed] to assign the reasons to the house. The bill entitied "an act relating to the State's prison, & punishraent of crimes," which had been sent down to the house with proposals of araendment, was now returned from the house by Mr Fisk, who in formed the Gov. & Council that the house had not concurred with said proposals of araendraent & assigned the reasons of the house, when on motion it was Resolved to rescind frora said proposals of amendment, and then it was Resolved to concur with the house in passing the same into a law, with further proposals of amendment, Rec" from the house the following engrossed bills, sent up for concur rance &c, one entitied "an act appointing a Coram"" to look out a ro.l a g "o Amo of Mile g5 Amo of ttend 'A 50 P26 -Jl •S6 $104 30 3 60 24 36 42 5 04 26 39 42 5 04 26 39 120 14 40 23 34 50 ,5.") (i 60 26 39 60 7 20 26 39 58 fi 96 23 34 .50 12 - 1 44 26 .39 80 9 (iO 26 39 150 18 26 39 72 8 64 26 ,39 42 5 04 26 39 70 8 40 26 65 30 3 60 26 39 913 S109 56 382 S664 < 1773 56 Govemor and Council — November 1810, 313 Ordered, that Mr Crafts be appointed to receive the above debenture of the Treasurer, Mr Hunter was appointed to join a Com"" of the house for making up the appropriation ofthe present year. The bill en" "an act in additicm lo an act reducing into one the several acts &c. respecting highways," which was returned to the house non- concurred, was now sent to Council passed again by Ihe house & the reasons assigned by Mr Olin, when the vote of nonconcurrance was rescinded & the bill passed into a law. Rec" frora the house the following engrossed bills, sent for concur rence &c. one entitled "an act incorporating certain persons therein named by the name of the Magog bridge Company," one "an act laying a tax of 2 cents pr acre on the town of Derby," "an act appointing a Com mittee to alter the jurisdictional lines between Plighgate, Swanton aud Huntsburgh," "an act legalizing town proceedings wherein officers were not free holders," "an act empowering Apollos Austin, Joseph Warner, & Pliny Smith to remove obstructions at or near the falls in "V'ergennes," "an act in addition to an act establishing a State Bank," "an act direct ing the State Treasurer to pay the sura therein raentioned to Sylvanus Baldwin," "an act appointing a Cora"" to exaraine into the situation & expenditures ofthe State's prison & other purposes," "an act appointing a Com"" to examine [accept] the State Prison [and] to cancel bonds" &c. "an act making appropriations for compleating Stale's prison," "an act directing the treasurer to pay the sum therein mentioned," "an act granting relief lo Joseph Barney & Obadiah Wheeler," "an act altering the name of Middle Hero," "au act relating to the probate of Wills & settlement of testate & intestate estates," "an act in addition to an act entitled an act for the relief of Idiots & distracted persons," "an act lay ing a tax on Morgan," "an act authorizing the proprietors of Sheffield to establish a former survey & allotment of said lown," "an act granting a new trial to John Levake," which were severally read & it was Re solved to concur with the house in passing the same into laws. Adjourned to 9 O'C. A. M. Monday nex\ Monday Novem' 5'" 1810, 9 O'C. A. M, Council met pursuant to adjournment, Rec" frora the house a resolution directing the Treasurer of this Stale [to convey to the Governor] Eighteen volumes of the revised laws of this State, and that the Governor of this Stale be requested to transrait thera to the several Governors of tbe several States & to the Governors of Upper & Lower Canada, which was read & it was Resolved to concur with the house in their said resolutiou wilh the following amendments, Viz. in the third line of the Resolution erase the word "Eighteen" & insert "Sixteen." Then erase the words "und also to the Governors of Tipper & Lower Canada." Then add the following; "And the auditor of accounts is hereby direcied to allow the Governor all reasonable expences in sending the same to the several stales." Rec" the Engrossed bill entitled "an act making appropriations for the support of Gov' the present year," which was read & it was Re solved to concur with the house in passing the same. Pursuant to the concurrant Resolution of both houses. The Gov, & Council met the house in the Representatives' room & after tho address to the Throne of Grace by the Reverend Chaplain of the Plouse the Leoislature was adjourned without dav, A true Journal, ° Attest R, C. Mallary Secv- THIRTY-FIFTH COUNCIL, OCTOBER 1811 TO OCTOBER 1812. Jonas Galusha, Shaftsbury, Governor. Paul Brigham, Norwich, Lieut. Governor. Councillors: Beriah Loomis, Thetford, Noah Chittenden, Jericho, Elias Keyes, Stockbridge, Josiah Wright, Pownal, Ezra Butler, Waterbury, Frederick Bliss, Georgia, Rollin C, Mallary, Castleton, Secretary. Israel P. Dana, Danville, Sheriff. Gilbert Denison, Guilford, Samuel C, Crafts, Craftsbury, Horatio Seymour, Middlebury, William Hunter, Windsor, Pliny Smith, Orwell, John Cameron, Ryegate. BIOGRAPHICAL NOTICE. John Cajieron represented Ryegate in the General Assembly 1797, '8, 1801 until 1806, 1807 until 1810, 1820, and 1832. He was Councillor 1811 and '12. He carae from Scotiand to Ryegate in 1790, and purchased one thousand acres of land in the western part of the town, and after wards at "the corner," where he built the first store in Ryegate. He was a man of large mental endowments and his influence was felt far beyond his town, commanding the confldence of both political parties. He was Assistant Judge of Caledonia Court 1806 until 1811, and Chief Judge 1811 until 1814, He died in 1837, aged 76 years. His flrst wife was a daughter of Gen. John Stark. — Deming's Catalogue; and Vt Hist, Mag, Vol. i, article "Ryegate," RECORD OE THE GOVERNOR AND COUNCIL AT TIIE SESSION WITH THE GENERAL ASSEMBLY AT MONTPE LIER, OCTOBER 1811, State of Vermont ss. A Journal ofthe proceedings ofthe Governor & Council of the State of Vermont at their session beoun & holden at Montpelier in said state on the second thursday of October A. D. 1811, being the tenth day of said month. Present Plis Excel lency Jonas Galusha Esq'- Governor; His Honor Paul Brioham Esquire L« Governor; The Hon. Josiah Wright, Noah Chittenden^Pliny Smith W""- Hunter, Samuel C. Crafts, Frederick Bliss. Ezra Butler Beriah Loomis, Gilbert Dennison, & Elias Keyes Esquires [Councillors 'l Rollin C, Mallary Secretary; Israel P. Dana Esq'- Sheriff of Caledonia Counly Mr Sraith, frora the house, appeared in Council & informed tiie Gov, & Council that the General Assembly had organized & were ready to proceed to business. The Secretary was directed to inform the house that the Gov, & a quorum of the Council had convened & were organized & ready to pro ceed to business & Ui receive any communications tiie house should think proper to make. The Secretary informed the House accordinoly. Mr Luce, from the house, appeared in Council & informed the Gov, & Council that the house had app" a Committee lo receive, sort & coiint the votes for the State offlcers tor the year ensuing, when it vvas Resolv" to appoint a Committee of 5 merabers to join said Coraee of the house. And Messrs, Chittenden, Hunter, Crafts. Loorais & Wright were ap pointed & sworn agreeable to Law, The Secretary was" direcied to inform the house that they had appointed a Conimittee im their part to join a Committee appoinled by the house as a canvassing Committee, The Secretary informed the house accordingly. Adjourned to 4 O'C, P. M.' 4 O'C. P. M. — Council met purst, to adjournraent, Mr Luce appeared in Council & inforraed that the house had as serabled & vvere ready to receive the report of their canvassing cora mittee. The Gov & Council proceeded to the Representatives' room to meet the house in joint Committee, vvhen the following report was read. Viz. " To the Hon, General Assembly now sitting: The Committee appointed for the purpose of receiving, sorting & counting the votes for Governor, L'- Governor, Treasurer, & Councillors for the year ensuing, do report & declare that His Excellency Jonas Galusha is elected Governor; His Honor Paul Brigham is elected L'- Gov.; Benjamin Swan Treasurer; & The PIon Sarauel C. Crafts, Ezra Butler, Horatio Seymour, Elias Keyes, Frederick Bliss, Beriah Loomis, Pliny Smith, Gilbert Dennison, Josiah * The election sermon was preached by Elder Thomas Skeel, 316 Governor and Council — Octoher 1811, Wright, Williara Hunter, John Cameron & Noah Chittenden Esquires were elected Councillors. Montpelier Oct. 10'"- 1811. Beriah Loomis Chairman, W, A. Palmer Clerk," Adjourned to 9 O'C, A, M, to morrow. Friday October 11'". 1811, 9 O'C, A. M. Council met pursuant to adjournraent. His Excellency the Gov. took the Chair. Mr Rich ofthe house appeared in Council & informed that the House had organized & were ready to receive any comraunication the Gov. & Council was pleased to raake. The Secretary was directed to inforra the house that they had organ ized & were ready to receive any comraunications that ttie house was pleased to make. The Secretary inforraed the house, Rec" frora the' house a resolution appointing the opening ofthe house this afternoon the tirae for both houses to meet in Representatives' room for the purpose of electing a Chaplain for the present Session, which w.as read & Resolved to concur with the house in passing the sarae. Adjourned to 2 O'C. P. M. 2 O'C. P. M.— Council raet &c.,&c. Pursuant to the concurrent resolution of both houses the L'- Gov. & Council met the house in joint Comraittee for the purpose of electing a Chaplain for the present session, which being done ttie Gov, & Council returned to their Chamber. His Excellency the Governor & the L'- Governor & the Honorable Council proceeded to the Representatives' room when the Oaths of offlce were duly administered by the Hon. Chief .Justice Tyler, when His Ex cellency delivered the following Speech to both Houses.-' [The Governor and Council returned to their Chamber, when] Gov. Brigham on leave introduced the following riesolution: In Council Oct. 11'". 1811. Resolved, the Gen. Assembly concurring herein, that a Cora"" of two members of Council be appointed to join such Comraittee as the house may please to appoint to take into consideration the expe diency of providing by law for the expenses of powder used hy the Washington Artillery Company on the day of election, & to report hy bill or otherwise, which was adopted & Gov, Brigham & Mr Keyes were ap pointed on that Coin""- Adjourned to 9 O'clock A, M, to morrow. Saturday, October 12'". 1811, 9 O'C, A. M. The Council met pursuant to adjournraent. Resolved that the several Committees, which may be raised in Coun cil during the present session, be norainated by the Governor, or in his absence by the L' Gov. Rec" from the house several resolutions appointing Com""" on the part of the house to join Com""" on the part of the Council, Viz. one app^ a Com"" of 4 to be called a Com"" of Suspension— read & concurred & Mr Keyes was appointed. Oue, appo'ing a turnpike Committee, which was read & Mr Looniis was appointed to join. One appointing a Com"" of 4 ^ For the speech see Apptendix A, Govemor and Council — October 1811. 317 to be called a Cora"" of Clairas, which was read & Mr Hunter was app"- One appointing a Cora"" of 4 to be denominated the 1"' land lax Com"". which was read & Mr Bliss was appointed. One appointing a Commit tee of 4 to be denominated a 2" land tax Com"", which was read & Mr Dennison was appointed. One appointing a Com"" of 4 to be called the 3" land tax Cora"", which was read & Mr Cliittenden was appointed. One appointing a Comee of 4 to be denominated a Comee of new trials & Mr Wright was appointed. One appointing a Conimittee of 4 to be de nominated a Military Coraraittee, which was read & Gov. Brigham was appointed. Rec" from the house the petition of John F. Westernhouse, with an order of the house referring the sarae to the joint Cora"" of Claims, which was read & it was Resolved to concur witti the house in referring the same, Rec" from the house the pet, of Shelburn with an order of Ibe house referring the same to a Committee of 3 to join a Com"" of Council, which was read & it was Resolved to concur with the house in their said reference, Mr Smith was duly appointed, Rec" frora the house the petition of John Rogers & Abel Baily with an order of the house referring the sarae to a Coraee of 3 to join, which was read & it was Resolved to concur with the house in their said reference & Mr Chittenden was duly appointed. Rec" from the House the pet. of Ryegate for a land tax with an order ofthe house to refer the sarae to the 1"' joint land tax Coraee, which was read & Resolved to concur with the house in their said reference. Rec" from the house the following petitions: one of ,Tonas Clark Jr. & others, one of Wait Rathburn & others, one of Joel Beman & others praying for turnpikes, also Remonstrance of Clarendon, Remonstrance from Ira, Petition of Middletown for a turnpike, with an order of the house on each referring the sarae to the joint Turnpike Committee, which were severally read & it was Resolved to concur with the house in their said reference, Rec" from the house the petitions of R. Parker, of Joshua Chamber lain, of Northrup Rockwell, of Moses Pier, of Tho" Miller, of El. W. Keyes with orders ofthe house referring the sarae to the joint Cora"" of Suspension, which were severally read & it was Resolved to concur with the house in their said reference. Rec" from the house the pet. of Sara' Hitchcock with an order of the house to refer the sarae to a Coraee of three to join, which was read & it was Resolved to concur with the house in their said reference & Mr Smith vvas duly appointed to join said Cora""- Rec" the pet, of Jonathan Richardson, of Vernon Hiraes, of Elizabeth Burnes, with orders of the house on each to refer the same lo the joint Cora"" on the pet, of Samuel Hitchcock, which were severally read & it was Resolved to concur with the house in their said reference, Rec" frora the house the pet, of Billy Todd & others, of Janies Wheeler & Ethan Bradley with orders of the house to refer the same to the joint Manufacturing Com""- which were severally read & it was Resolved to conciur with the house in their said reference. Rec" from the house the pet. of John C. Waller wilh an order of the house appointing a Committee of 3 to join which was read & it was Resolved to concur with the house in their said reference & Mr Butier was duly appointed. Rec" the petitions of Ezra Phillips, of Jaraes Johnson, of Martin Dunning, of Abiather Angel, of Levi & Salmon Hull, of Abel Platt, with an order of the house referring the sarae to the joint Com"" on the 318 Govemor and Council — October 1811. pet. of John C, Waller, which were severally read & it was Resolved to concur wilh the house in their said reference. Adjourned to 2 O. C. P, M. 2 O'C. P. M.— Council met pursuant to adjournment. No business appearing before Council it was adjourned to 9 O'C. A. M. on Monday next. Monday October 14'". 1811, 9 O'C. A. M. Council met pursuant to adjournment. Rec" from the house the bill entitied an act organizing the County of Jefferson with an order of the house referring the same to a Com"" of three to join from Council, which was read & it was Resolved to concur with the'house in their said reference & Mr Wright was duly appointed to join said Committee. Mr Seymour appeared in Council & took & subscribed the necessary oaths of office as a Couneillor. & took bis Seat. Rec" from the bouse the pet. of M. Smith with an order of the house referring the same to the joint Cora"" on the petition of John C. Waller, which was read & it was Resolved to concur with the house in their said reference, Rec'' frora the house the petition of A. W. Hyde, & the pet, of Elam Jewett & others with orders of the house on each referring the same to the joint Com"" of Claims, which were read & it was Resolved to concur with the house in their said reference, Rec" the petitions of A, Darby, of Ja"- Robinson, of Henry Parker, with an order of the house on each to refer the same to the joint Com"" of Suspension, which were read & it was Resolved to concur -with the house in their said reference. Rec" the petition of Poultney with an order of the house to refer the same to a Cora"" of 4 to join, which was read & it was Besolved to con cur with the house in their said reference & Mr Seyraour was appointed to join. ijec" from the house the pet, of Wells with an order of the house to refer the same to the joint Cora"" on the pet, of Poultney, which was read & it was Besolved to concur with the house in their said reference. Rec" from the house a resolution of the house requesting the Gov. with the consent & advice of Council to appoint Thursday the 6'" day of Decern'- next to be observed as a day of public thanksgiving & praise throughout this State, whereupon it was Resolved to advize his Excel lency to appoint said day as a day of thanksgiving &that he be requested to issue his proclamation accordingly, Rec" from the house the pet, of Cavendish with an order of the house referring the same to a Com"" of three to join. Con" & Mr Dennison was app"- Rec" the pet, of Thoraas W, Filch with an order of the house refer ring the same to the joint Com"" on the pet, of Cavendish, which was read & it was Resolved to concur with the house in their said reference, Rec" from the house the pet. of Wells. Rec" the Pet. of Francis Ledyard praying for pardon, stating that he is a convict of State's prison, vvhich was read & on Consideration ordered to lie on the table. Adjourned to 2 O'C, P, M. 2 O'C. P. M.— Council raet pursuant to adjournraent, Rec" from the house the following petitions for land taxes, one of Sherburn, of Parker's Gore, of Bridgewater, of Huntsburgh [Franklin,] Gwernor and Council — October 1811. 319 of Lincoln & remonstrance against a tax on Lincoln, with orders of the house on each referring the same to the 1"' land lax Committee, which were severally read & Resolved lo concur with the house in their said reference, Rec" from the house a resolution appointing 4 O'C. P. M. on tuesday next a time for the members of each Counly to raeet in County Conven tions to make their nominations & Wednesday raorning at the opening ' of the house the time to raeet in Representatives' roora in joint Cora"" for the purpose of Electing County offlcers, which was read & Resolved to concur with the house in passing said resolulion. Adjourned to 9 O'C. A. M. to raorrow. Tuesday October 15'". 1811, 9 O'C, A, M, Council met pursuant to adjournment, Rec" from the house a resolution appointing this day at the opening of the house a time lo meet in joint Com"" to elect Judges of Supreme Court, which vvas read & it was Resolved to concur with the house in passing the same, Rec" from the house the bill entitled an act altering the time of holding Windsor County Court, v\'ith an order of the house referring the same to a Com"" to join a Cora"" of Council, which was read & it was Resolved to concur with the house in their said reference & Messrs Keyes & Hunter was [were] appointed to join. Rec" frora the house a resolution appointing a Cora"" to join a Com"" of Council to take into consideration the report of the Com"" appointed last session of the Legislature to settle the accounts of the visitors of State's prison &c. whicti was read & it w-as Resolved to concur with the house in passing said resolution. Mr Crafts was appointed. Rec" from the house the petition of Elisha Hopkins & others wilh an order of the house referring the same to the j' Military Com"", which was read & it w-as Resolved to join in said reference. Mr Cameron appeared in Council, who took & subscribed the oaths of offlce as a Councillor & took his seat. Rec" the bill entitled "an acl in addition to an act directing Leather Sealers in their offlce & duty," which had an order ofthe house referring the same to the joint Com"" of Manufactures, which was read & it was Resolved to concur with the house in their said reference. Rec" from the house the petition ofthe Selectmen of Holland with an order of the house referring the same to a Com"" of the house to join a Com"" of Council, which was read, & it was Resolved to concur with the house in their said reference. Mr Seyniour was appointed to join from Council. Rec" the petition of Williara D. Weeks wilh an order of the house referring the same to the joint Com"" on the pet. of the Select men of Holland" which was read &"it was Resolved to concur with the house in their said reference, Rec" the petition of the proprietors of M' Tabor with an order of the house calling it up, it having been laid over from last session, with an order of the house referring the same to the joint Comraittee on the pet, of selectraen of Shelburn. Con"- Rec" the bill entitied ''an act authorising the proprietors of Calders burgh [Morgan] to confirm their divisions," which was read & it was Re.solved to refer the sarae to the joint Com"" on the pet. of Selectmen of Shelburn agreeable to the order ofthe house on the sarae. Rec" the petitions of Horatio Reed, Dan' Staniford, Luke Hitchcock, Joseph H. Ellis, Amos Babcock, Parley Davis, Nathan Sherwin, Nathan 320 Governor and Council — October 1811. Kimball, wilh an order of the house on each referring the sarae to the joint Com"" of Claims, which were read & it was Resolved to concur with the house in their said reference. Rec" the Pet. of Moses Strong & al.. Petition for a turnpike in Arlington, an act establishing a Corporation by the name of Windham Turnpike Co?, an act establishing a corporation by the name of Plymouth Turnpike Company, Pet. of sundry inhabitants of Fairlee [and] West fairlee for a Turnpike Co^. Pet. for Orange Turnpike & Report of Committee appointed to look out a Turnpike road from Washington Turnpike to Connecticut river, with orders of the house on each ref^erring the sarae to the joint Turnpike Com"", which were sever ally read & it was Resolved to concur with the house in their reference. Rec" the pet. of 1"' Company 1"' Regiment &c., an act constituting a Company of Artillery in Windham, Andover & Londonderry, Pet. for an Artillery Company in Londonderry, Pet. of Inhabitants of Spring field for a musical band, an act in addition to an act for regulating the Militia of this State, wilh an order of the house on each referring the sarae to the joint Military Coramittee, which were severally read & it was Resolved to concur with the house in their said reference, Rec" the bill on the pet. of Abraham Conklin & the bill entitled an act granting to Thomas & E. Porter an exclusive privilege of Keeping a ferry-, with an order ofthe house on each to refer the same to the joint Comee on the Pet. of Johu Rogers & Abel Baily, which were read & it was Resolved to concur vvith the house iu their said reference, Rec" from the house the bill en" an act authorizing the proprietors of Shorehara to ratify proceedings, with an order of the house to refer the same to the Committee on the pet, of Shelburn, which was read & it was Resolved to concur with the house in Iheir said reference, Rec" from the house petitions for land taxes on the following towns. Viz. Parkerstown [Mendon,] Canaan, Jay, Westfield, Kelly Vale [Low ell,] Troy, Bolton, with an order of ttie house on each referring Ihein to the 2" joint land tax Coraraittee, which was read & it was Resolved to concur with the house in their said reference. Rec" from the house the petitions of Abishai Goodell, Siraon B. Bis sell, Abijah H. Hall, with orders on each to refer the sarae to the joint Coraraittee of Suspensions, which were severally read & it was Resolved to concur with the house in their said reference. Rec" petitions for land taxes on the towns of Victory & Brunswick. with an order of the house to refer the sarae to the 3" joint land tax Com""- Concurred, Rec" the petitions of Wenlock, Holland, Lemington & Minehead [Bloomfield,] with an order of tbe house on each referring the same to the 1" joint land tax Cora"", which were read & Resolved to concur with the house in their said reference, Rec" frora the house the petition of Israel Whitney for a ferry, with an order of the house to refer the same to the joint Comee on the Pet, of John Rogers & Abel Baily, which was read & Resolved to concur with the house in their said reference, Rec" from the house the pet, of the Sth School district in New Haven & others, with an order of the house to refer the same to a Comee of 3 to join, which was read & Resolv" to concur and Mr Cameron was ap pointed to join from Council, The Pet, of the inhabitants of the Corners of Pittsford, Brandon, Chittenden, &c. wilh an order of the house to refer the same to a Coraee of 3 to join, which was read & Resolved to concur with the house in passing the same; Mr Cameron was appointed to join. The pet, of T, W, Cardell & others for a factory was rec" with an order Governor and Council — October 1811, 321 ofthe house to refer the same to the joint Com"" of Manufactures, which was read & it was Resolved to concur with the house in their said ref erence. The pet, of Paul Br-'gham was rec" with an order ofthe house to refer the same to joint Com"" on the pet, of Samuel Hitchcock, which was read & it was Resolved to concur with the house in their said reference, Rec" from the house the pet. for a market road to be laid from Rut land with an order of the house to refer the same to a Com"" of three to join a Com"" of Council, which was read & it was Resolved to concur with the house in their said reference & Mr Loorais was appointed to join. Rec" the bill entitied an act appointing a Coramittee to lay out a road from Lyndon to Waterford bridge, with an order of the house to refer the same to joint Com"" on the pet. for a road from Rutiand to White hall, which was read & Resolved to concur with the house in their said reference, Rec" from the house the bill entitied an act appointing a Comraittee to lay out a post road frora the north line of Fairfield to the centre of Huntsburgh, with an order of the house to refer the sarae to the joint Com"" on the pet, for a road from Rutiand to Whitehall, which was read & Resolved to concur with the house in their said reference. The pet. of Bristol Aquaduct Corapany was j-ec" with an order of the house to refer the sarae to a Cora"" of 3 raembers of the house to join, which was read & it was Resolved to concur with the house in their said reference, & Mr Bliss was appointed to join said Cora""- Rec" the petition of Middletown witti an order of the house to refer the sarae to a Cora"" of 4 to join, which was read & Resolved to concur with the house in their said reference, & Mr Butler was duly appointed. Adjourned to 2 O'C, P, M, 2 O'C, P. M. — Council met agreeable to adjournraent. His Excellency the Gov, the L'- Gov, & Council proceeded to the Representatives' room pursuant to the joint resolution of both houses for the purpose of electing judges of Supreme Court— which being com pleated they returned to their Charaber. J- His Excellency the Governor was pleased to appoint Rollin C, Mal lary Secretary for himself & Council fbr the year ensuing, who was sworn to the faithful performance ofthe duties of his office. The petition of Seth Payne was read praying to have a certain fine re mitted which had been laid by the Suprerae Court on his being con victed of passing Counterfeit money — & on the question shall the prayer of said petition be granted, the Yeas & Nays were demanded & taken as follows; Yeas, Gov, Brigham, Keyes, Bliss, Hunter, Dennison, Sraitti; Nays, Wright, Cameron, Crafts, Seymour, Ctiittenden, Loomis & Butler — so the prayer of said petition was not gianted. Adjourned to 9 O'C. A, M. Tomorrow, Wednesday October 16'". 1811, 9 O'C, A, M, Council met pursuant to adjournment, Rec" from the house the engrossed bill entitled "an act organizing the County of Jefferson," which was read & Resolved to concur with the house in passing the same into a law. Agreeably to the concurrent resolution of both houses the Governor & Council proceeded to the Representatives' room for the purpose of ' Royall Tyler, Theophilus Harrington, and David Fay were re-elected, 21 322 Govemor and Council — October 1811, making County appointments, and after progress they returned to their Chamber, Adjourned to 2 O'C, P, M, 2 O'C, P. M.— Council met agreeable to adjournment. The Gov, & Council pursuant to the adjournment of the joint Com"" met the house in joint Com"" for the purpose of completing the appoint ment of County Offlcers, which was partly completed & said Comraittee adjourned to Saturday morning next, "When the Gov, & Council re turned to their Chamber & resuraed business, Rec" from the house a resolution appointing a Com"" of 3 to join a Committee of Council for the purpose of examining the situation ofthe bank & the report of the directors, which was read & it was Resolved to concur with the house in the afores" resolulion & Mr Butler was duly appointed. Rec" from tbe house the petition of the Mechanics of Windsor with an order ofthe house to refer the same to the joint Committee of Man ufactures, which was read & it was Resolved to concur with the house in their said reference, Rec" the petition of the Monkton argil Company with an order ofthe house to refer the same to the joint Coraee of Manufactures, which was read & it was Besolved to concur with the house in their said reference. Bee" frora the house the pet, of Townsend McCoun & others with an order ofthe house to refer the same to the joint Comee of Manufactures, which was read & Resolved to concur with the house in their said reference. The pet, of the Inhabitants of Wallingford was rec" with an order of the house to refer the sarae to a Coraee of 4 to join a Comee of Council, which was read & Resolved to concur with the tiouse in their said refer ence. Mr. Smith was duly appointed. Pet. of Inhabitants of Newbury for a turnpike was rec" with an order ofthe house referring the same to the joint Turnpike Comee. which was read & it was Resolved to concur with the house in their said reference. Rec" frora the house the bill entitled an act directing the treasurer to pay Seth Payne twenty dollars, with an order of the house to refer the sarae to the joint Comee of Claims, which was read & Resolved to concur with the house in their said reference. Rec" the petitions of Cyrus Ware, Noah Smith & Shadrach Hathe- way with orders of the house on each to refer the same to the joint Committee of Suspension, which were read & Resolved to concur with the house in their said reference. The petition of John Newton Jr. was rec" with an order of the house to refer the sarae to a Committee of 4 to join, which was read & Resolved to concur with the house in their said reference & Mr, Rec" from the house the petitions of Martin Roberts & Luther Martin with orders of this house on each to refer the same to the joint Come" of Claims, which was read & Resolved to concur wilh the house in their said reference. Rec" the petitions of Landgrove & Glover for land taxes, with orders of the house on each to refer the same to the 3" joint land tax Com""' which were read & Resolved to concur in said reference, Rec" from the house the petition of Fletcher for a land tax with an order ofthe house to refer the same to the 2" joint land tax Coramittee, which was read & Resolved to coucur witti ttie house in their said ref erence, Rec" from the house the bill relating to the Militia with an order of the house to refer the same to the joint Military Comraittee, which was Govemor and Council — Octoher 1811, 323 read & it was Resolved to concur with the house in their said refer ence, Rec" the pet. of Joel Roberts with an order of the house to refer the same to a Coraee of 3 to join, which was read & Resolved to concur with the house in their said reference & Mr Loomis was duly appointed, Rec" the pet, of Caonrath Shults with an order of the house referring the same to the joint Comee on the petition of Rogers & Baily, which was read & Resolved to concur with the house in their said reference, Rec" the petition of Eliphas Thrall with an order of the house refer ring the same to the joint Committee on the pet. from Brandon & Chit tenden, which was read & Resolved to concur with the house in their said reference. Adjourned to 9 O'C, A, M, tomorrow. Thursday October 17'". 1811, 9 O'C. A. M, Council raet pursuant to adjournment. Rec" from the house the engrossed bill entitled " an act altering the narae of Araunah M"Lane," which was read & it was Resolved to con cur with the house in passing the sarae into a law. Ordered that the Secretary present the following communication to the General Assembly from His Excellency the Governor: Council Chamber, Oct. 17"'. 1811, To Hon. Dudley Chase Esquire, Speaker of the H. of Representatives : Sir, Through you I would coraraunicate to the house the following inforraation, contained in several comraunications from the constituted authorities of several of the United States as well as 'from the General Governraent. No. 1"' contains information of the Legislature of New- Jersey having disapproved of the amendments proposed to the Constitu tion of the United States by the legislatures of the States of Massachu setts, Virginia & Pennsylvania. No. 2" Contains information that the legislature of Maryland has rejected the proposal of amendment to the Constitution of the United States from the State of Pennsylvania. No. 3" Contains a propositi of amendment to the Constitution of the United States made by Congress at their last session & recommended to the several legislatures ofthe several Slates ofthe Union. Nos. 4, 5, 6, & 7, contain the proceedings of several States in relation to a certain proposal of amendment to the Constitution of the Uniled States to prevent any citizen of the United States from receiving any offlce, emolument &c. from any foreign power &c. Nos. 8 & 9 contain propositions from New Hampshire & Massachusetts for a mutual exchange of laws of the several States. I would also inform the house that there is received a box containing, as I am informed, 228 copies ofthe laws ofthe 1"' & 2" session ofthe 11*" Congress. The house will please to direct the mode of distribution. Hon. D. Chase Esq. &c. &c. Jonas Galusha. Rec" from the house the bill en" "an act to discontinue the stage road leading frora 'Middlebury to Vergennes by what was called Painter's Bridge," which was read & it was Resolved to concur with the house in passing the same into a Law. Rec" the pet. of Abel Morrill with an order of the house to refer the same to the joint Com"" of New trials, which was read & Resolved to coucur with the house in their said reference. Rec" the pet. of Gideon Horton & others with an order ofthe house to refer the same to the joint Com"" of Manufactures, which was read & Resolved to concur witti the house in said reference. 324 Govemor and Council — October 1811. Rec" from the house the pet. of Martin D. Follett with an order ofthe house referring the same to a Com"" of 4 to join a Com"" of Council, which was read & Resolved to concur with the house in said reference & Mr Chittenden was duly appointed. Rec" frora the house the pet. of Ozi Baker with an order of the house to refer the same to the joint Com"" on the pet. of Martin D. Follett, which was read & Resolved to concur with the house in their said ref erence. Rec" the pet. of Inhabitants of Whiting & Cornwall with an order of the house to refer the same to the joint Com"" on the petition of Inhab itants of Castleton & Rutland for a stage road from Rutland to White hall, which was read & Resolved to concur with the house in their said reference. Rec" the pet. of proprietors' Clerk of Lutterloch with an order of the house referring the same to the joint Comee on pet. of Cavendish, which was read & it was Resolved to concur with the house in their said reference. Rec" from the house the pet. of Wells with an order of the house to refer the same to the joint Comee on the pet. of Middletown, which was read & it was Resolved to concur with the house in their said reference. Rec" the pet. of Inhabitants of Bristol & Lincoln with an order ofthe house to refer the sarae to the joint Com"" on the pet. of Brandon & Chittenden, which was read & Resolved to concurwith the house in said reference. Pet. of Jonathan Woodward & Ira Day with an order of the house to refer the same to the joint Com"" of Manufactures, which was read & it was Resolved to concur with the house in their said reference. Pet, of Benjamin Hinnian, a convict of State's prison, praying for a pardon, was read & on the question Sh,all the prayer of said petition be granted? the yeas & nays were called for & taken as follows. Viz, Yeas, none — Nays, Brighara, Keyes, Wright, Bliss, Hunter, Dennison, Cam eron, Cratts, Seyraour, Chittenden, Loomis, Butler & Smith — so the prayer of said petition was nol granted. Petition of Nathan Stevens stating that he is now a convict of State's prison, praying for pardon, was read, & on the question Shall the • prayer thereof be granted? The Yeas & Nays were called for & laken as follows. Viz. — Yeas none — Nays, Brighara, Keyes, Wright, Bliss, Hunter, Dennison, Cameron, Crafts, Seymour, Chittenden, Loomis, Butler & Smith, so the prayer of said petition was not granted. The petition of Abel Willard was read, slating that he was a convict in Slate's prison & praying for pardon, & on "the question Shall the prayer thereof be granted? the Yeas & Nays were called for & taken as follows. Viz. —Yeas, none — Nays, Brighara, Keyes, Wright, Bliss, Hunter, Dennison, Cameron, Crafts, Seyniour, Chittenden, Loomis, Butier & Smith: so that the prayer of said petition was not Granted, Adjourned to 2 O'C. P, M, 2 O'C, P, M, — Council met pursuant to adjournment, Rec" the pet, of Select men of Brandon with an' order of the house referring the sarae to the [a] select Com"" of 4 to join, which was read & it was thereupon Resolved to concur with the house in their said reference, & Mr Hunter was appointed to join from Council, Rec" the pet. for a Market road through the Counties of Caledonia, Orleans & Franklin, with an order of the house for a Com"" of 4 to join, which was Concurr" & Mr Bliss was appointed. Rec" the pet. of Corporation of Peacham Academy with an order of the house to refer the same to a Com"" of 4 to join, which was read & it Governor and Council — Octoher 1811. 325 was Resolved to concur with the house in their said reference, & Mr Dennison was appointed. Pet, for an Independant Company of riflemen in Pownal was received with an order of the house to refer the same to the joint Military Com"". which was read & Resolved to concur with the house in their said ref erence. Pet, of John Mott was rec" with an order of the house to refer the same to the joint Comee of Claims, which was read & it was Resolved to concur with the house in their said reference, Rec" from the house two resolutions, one appointing tomorrow morn ing at the opening of the house the time for boih houses to meet in joint Coraniittee for the purpose of Electing an Auditor of Accounts against this State & a person to preach the next Election Sermon. The other appointing the same time to elect a Surveyor General for the State of 'V'ermont, which were severally read & it was Resolved to concur with the house in passing the same. Personally appeared in Council the Hon. Royall Tyler Esq, & David Fay Esq'- when the oaths of offlce were duly administered to the said Royall Tyler as Chief Judge & to the said David Fay as Assistant Judge ofthe Supreme Court of Judicature ofthe State of Vermont, Adjourned to 9 O'C. A. M. tomorrow. Friday Oct, 18'". 1811, 9 O'C, A, M, Council met pursuant to adjournment. The Gov, & Council pursuant to the concurrent resolution of both houses met the house in the Representatives' room in joint Com"" for the purpose of Electing an Auditor of Accounts against the State, a Surveyor General for the State, & a person to preach the Election Ser mon, when the Surveyor General & auditor were chosen & the joint Committee adjourned to Wednesday morning next at the opening ofthe House, & the Gov, & Council returned to their Chamber & resumed husiness, Rec" from the house the engrossed bill entitled "an act altering the n&me of John Mann the 3"." which was read & it was Resolved to con cur With the house in passing the same into a law, Rec" the petition of Jonah^ Grover, the account of Joseph Morrill 2". & a bill entitled an act discharging Eben' Clark frora the payment of a sura therein mentioned, with orders of the house on each to refer the same to the joint Com"" of Claims, which were severally read & it was Resolved to concur with the house in their said reference, Rec" the pet, of Aaron Post & others with an order of the house thereon referring the same to the joint Com"" of Manufactures, which was read & it was Resolved to concur with the house in their said ref erence, Rec" the pet, of Leonard Farewell with an order of the house refer ring the same to the joint Turnpike C-ora"". which was read & it was Resolved to concur with the house iu their said reference, Rec" the pet, of Nancy Gallup with an order of the house referring the same to the joint Com"" on the pet, of Samuel Hitchcock, which was read & it was Resolved to concur with the house in their said reference, Pe'ts, of Moses Sage, of his creditors & remonstrance of his creditors, was [were] rec" with an order of the house referring the same to the joint Com"" of Suspension, which were read & it was Resolved to concur with the house in their said reference, Rec" the petition of Jedediah Hutchins with an order of the house referring the same to the Joint Com"" of Suspensions, which was read & it was Resolved to concur with the house in their said reference. 326 Governor and Council — Octoher 1811. Rec" the pet. for a market road through the Counties of Caledonia, Orleans, & Franklin, with an ord'er of the house referring the same lo the joint Com"" on a former pet. for the same purpose, which was read & it was Besolved to concur wilh the house in their said reference. Pets, of Michael Stevens, of Inhabitants of Burlington for a rifle company & for a company in New Haven & Walthara, with an or('er of the house to refer the sarae to the joint Military Comee, which were read & it was Resolved to concur with the house in their Reference afores"- Rec" petitions from the house for Land taxes on the following towns. Viz. Plydepark, Morristown, Wolcott, Elmore, Walden, Eden, Johnson, Coit's Gore & Cambridge, with orders on each to refer the same to the 3" joint land tax Comee, which were severally read & it was Resolved to concur with the house in their said reference. The Petition of Benjamin Erwin was read, stating that he is a convict in the State's prison & praying for Pardon & on the question Shall the prayer of the petition be granted? the Yeas & Nays were called for & taken as follows. Viz. Yeas, None — Nays, Brigham, Keyes, Wright, Bliss, Hunter, Dennison, Cameron, Crafts, Seymour, Chittenden, Loomis, Butler, Smith — So the prayer of said Petition was not Granted, Pet. of -Ephriam Libby was read stating that he is a convict in State's prison & praying for pardon & on the question Shall the prayer of said petition be granted the Yeas & Nays were called for & taken as follows. Viz. Yeas, Keyes, Dennison, Sraith, 3 — Nays, Brigham, Wright, Bliss, Hunter, Cara-ron, Crafts, Seymour, Chillendcn, Loorais,, Butler — 10. So the prayer of said petition was not granted. Rec" frora the house the following engrossed bills; one entitled "an act empowering a committee therein mentioned to alter a certain high way," one entitled "an act to authorize Jonathan Richardson to sell lands lying in Sunderland, County of Bennington," which were read & Resolved to concur wilh the house in passing the same into laws. Adjourned to 2 O'C, P, M, 2 O'C. P. M. — Council met pursuant to adjournment. His Excellency the Gov, direcied the Secretary to present the follow ing communication to the house, viz. To the Hon. Dudley Chase Esq''- Speaker ofthe House of Representatives : Sir, I have to inform the house, through you, that there is a vacancy in the 3" brigade & .3" division ofthe militia of this State, occasioned by the promotion of Brig. Gen' Cahoon. I have also to inform the house that Mark Richards Esquire who has recently been appointed Sheriff of AVindham Co^ for the year ensuing has declined the acceptance of s" offlce. There are also vacancies in the Corporation of the University of Vermont occasioned by the death of A. Marsh Esq'- late of Ver gennes deceased and by the non-acceptance ofthe Rev" Tilton Eastman of the appointment of one of said corporation. The Gen' Assembly will please to direct the mode of fllling the vacancies occasioned as afores"- Jonas Galusha. Rec" from the house the pet. of Troy with an order of the house re ferring the same to a Comee of 3 to join, which was read & it was Re solved to concur with the house in their said reference, Mr, Crafts [was joined,] Pet, of Duncansboro was rec" with an order of the house to refer the same to the joint Comee on the pet, of Troy, vvhich was read & it was Resolved to concur with the house in their said reference. The petition of Chester Peas was read praying for a pardon, stating that he is a convict in State's prison, & on the question Shall the prayer of Govemor and Council — October 1811, 327 said petition be granted ? the Yeas & Nays were called for & taken as follows. Viz, Yeas, None— Nays, Brigham, Keyes, Wright, Bliss, Hun ter, Dennison, Cameron, Crafts, Loomis, Butier & Smith— so the prayer of said petition was not granted. Adjourned to 9 O'C, A, M. tomorrow. Saturday, October 19'". 1811, 9 O'C, A, M, Council met pursuant to adjournment. Present His Excellency the G'ov., His Hon. the L' Gov,, The Honora ble Gilbert Dennison, Fred'' Bliss, Pliny Sraith, John Cameron, Josiah Wright, Horatio Seymour, Ezra Butler, Elias Keyes & W""- Hunter Es quires, Rollin C, Mallary, Secretary; Israel P, Dana Esquire Sheriff, Rec" the pet of Thomas W. Fitch, which had been previously referr" to a joint Comee who made a report which was rejected by the house, with an order rejecting said report & committing said petition to the former Coramittee, which was read & Resolved to concur with the house in their recommitment of said pelition. Rec" from the house the bill entitled an act extending the time for completeing the Sand-bar Turnpike with an order of the house to refer the same to the joint turnpike Comee. which was read & it was Resolved to concur with the house in their said reference. The pet. of the town of Roxbury to be annexed to the County of Jefferson, with an order ofthe house to refer the same to a Select Coraee of 3 to join a Coraee of Council, which was read & it was- Resolved to concur in said reference & Mr Keyes was duly appointed. The Representation of the University of the State of Verraont was rec" with an order of the house referring the same to a Comee of 3 to join, which was read & it was Resolved to concur with the house in their said reference & Mr Crafts was appointed to join, Rec" the pet, of Josiah Wright with an order of the house referring the same to the joint Com"" of Claims, read & Resolved to coucur witti the house in their said reference. Rec" from the house the bill entitled an act authorizing the Commit tee to superintend the expenditure of a land tax in Newark, with an order of the house referring the same to tbe 3" joint land tax Com"". which was read & it was Resolved to concur with the house in their said reference. Rec" the pet. of Joel Tinker & ace'' with an order of the house refer ring the sarae to the joint Cora"" of Claims, which was read & it was Re solved to concur with the house in their said reference, Mr Chittenden on request was excused the remainder of the session. On Motion, Mr Keyes was appointed to join the 3" land tax Com"" in the place of Mr Chittenden who had obtained leave of absence the remain der ofthe session. The Committee who was appointed to take into consideration the ex pediency of providing for the expences of the Washington Artillery Company in powder reported a bill for that purpose, which was read & it was Resolved to pass the same & send it to the General Assembly for their Concurrance, Rec" from the house the engrossed bill entitled an act establishing an academy at Shoreham in the County of Addison, which was read & it was resolved to concur with the house in passing the same into a law wilh the following amendraents. Viz. at the close of the 2" section add "to the am' of flve thousand dollars"— and in the 6'" line of said 2" sec tion after the word "academy" add "they not being repugnant to the 328 Govemor and Council — October 1811. laws of this State or of the United States." In Section 4'" strike out from the word, •'necessary" in the 6'" line the remainder ofthe section. Adjourned to 2 O'C. P, M, 2 O'C. P. M.— Council met pursuant to adjournment. Rec" the engrossed bill entitied "an act in addition to an act consti tuting the Supreme Court & County Court, deflning their powers & regulating judicial proceedings," which was read & it was Resolved to co'ncur with the house in passing the same into a law wilh the following amendment, "V"iz. .add "and whenever any demand so plead in offsett "shall be such as is within the original Jurisdiction ofthe County Court "either party shall have the same right of appeal or review as he would "have had if the suit had been originally commenced before the County "Court," Adjourned to 9 O'C, A, M, Monday morning. Monday October 21". 1811, 9 O'C, A, M, Council met pursuant to adjournment, Rec" the bill entitied "an act establishing an aquaduct company in Brattleboro," with an order of the house to refer the Same to a Com"" of 2 to join a Cora"" of Council, which was read & it was Resolved to concur with the house in their said reference, Mr Keyes was appointed to join said Cora""- , Rec" from the house the engrossed bill entitled "an act directing the treasurer to pay Amos Babcock the sum therein mentioned," which was read & it was Resolved to concur with the house in passing said bill into a law. Rec" from the house the engrossed bill entitled "an act authorizing Sarauel Hitchcock executor of the last will & testament of Levi Allen &c. to sell lands," which was read & it was Resolved to concur with the house in their said bill with the following amendment in the last clause of the bill. Viz. after the word -' Chittenden," insert "with good & suffi,- cient Surety or Sureties." Mr Loomis was app" to assign the reasons to the house. Rec" the engrossed bill entitled " an act authorizing the Chairmen of Committees to administer oaths," ' which was read & it was Resolved to concur with the house in their said bill & that the same become a law. Mr "VVright was appointed on the Coraraittee of Claims, Mr Hunter being unable from ill health to attend to the duties of said Coramitiee. Mr Bliss was appointed on the joint Comraittee on the pet. from Brandon, Adjourned to 2 O'C, P, M, 2 O'C. P. M. — Council met pursuant to adjournment, Rec" from the house the following engrossed bills sent for concur rence or proposals of araendraent. Viz, one entitl" " an act altering the times of holding the County Court for the County of Windsor,'' " an act laying a tax of 3 cents pr acre on the town of Minehead," " an act alter ing the name 'of Hamilton Hogg," "an act laying a tax of 4 cents pr 'Chairmen of " coraraittees of the House"; but nearly all committees raised by the House were joint committees, of which a Councillor was chairman, and by this act the Councillors were in such case authorized to administer an oath when necessary. Govemor and Council — Octoher 1811, 329 acre on the town of Ryegate," which were severally read & it was Re solved to concur with the house in passing the foregoing bills into laws. The pet. of Allen Bryant praying for a pardon was called up & on the question Shall the prayer of said petition be granted ? The Yeas & Nays were called fbr & taken as follows: Yeas, none — Nays, Brigham, Keyes, Wright, Bliss, Hunter, Dennison, Cameron, Crafts, Looniis, But ler & Smith— so that the prayer of said pet. was not granted. The petition of Abel "VVhitraan praying for a pardon, stating that he was a convict in Slate's prison, was read & on the question Shall the prayer thereof be granted ? the Yeas & Nays were called for & taken as follows: Yeas, Brigham, Keyes, Wright, Bliss, Hunter, Dennison, Crafts, Loomis, Butler, Smith — Nays, Cameron, so the prayer of said petition was granted, and it was Resolved to issue a pardon to the said Abel in due form of lavv. The pet, of George Parker praying fbr pardon, stating that he is a convict in State's prison, was read & on the question Shall the prayer thereof be granted ? the Yeas & Nays were called for & taken as fol lows: Yeas, none — Nays, Brigham, Keyes, Wright, Bliss, Dennison, Cameron, Crafts, Loomis, Butler & Sraith — so the prayer of said petition was not Granted, Pet, of Royall Freeman was read, stating that he is a convict in State's prison & praying for pardon, which was taken into consideration & on the question Shall the prayer of said pelition be granted ? the Yeas & Nays were called for &¦ taken as follows. Viz, Yeas, Brighara, Keyes, Wright, Bliss, Hunter, Dennison, Crafts, Loomis, Butler & Smith — Nays, Cameron — so the prayer of said Petition was granted, and it was Resolved that a pardon issue in due form of law. The petition of Francis Ledyard was read, slating that he was a con vict in State's prison & praying for pardon, & on the question Shall the prayer of said petition be granted ? the Yeas & Nays were called for & taken as follows. Viz, Yeas, Brigham, Keyes, Bliss, Hunter, Dennison, Crafts, Looniis, Butler & Sraith — Nays, none — so the prayer of said pe tition was granted, & it was Resolved that a pardon issue according to law, [Adjourned until 9 o'clock to-morrow morning.] » Tuesday October 22". 1811, 9 O'C. A, M, Council met pursuant to adjournment. Rec" from the house a resolution appointing Tuesday morning at 10 O'clock A. M. a time for both houses to raeet in joint Coraee for ttie pur pose of electing a Brigadier Gen' for 3" brigade & 4'" division, which was read & it was Resolved to concur with the tiouse in said resolution with the following araendraent. Viz. erase " Tuesday " & insert Wednesday. Mr Crafts was appointed to assign the reasons. The Secretaiv of Council was directed to present the following coni- municatioij to the Speaker of the House, frora His Excellency the Gov,: To the Hon. Dudley Chase Esquire, Speaker of the house of Representa tives: Sir, I would inforra the house that the Hon. Gilbert Dennison, who has been recentiy elected Judge of Probate within & for the Dis trict of Marlboro', has declined the acceptance of said of offlce. The Gen' Assembly will therefore take expedient raeasures to fill the vacancy thus occasioned. Jonas Galusha. Hon. D. Chase Esq''- Speaker &a. Rec" frora the house the following engrossed bills Viz, one, " an act establishing the division of lands in M' Tabor as raade by the proprie- 330 Govemor and Council — October 1811, tors of said town," " an act directing the treasurer to pay Joseph Morrill 2" the sum therein mentioned," "an act laying a tax on Lemraington,'" "an act granting the exclusive right of keeping a ferry to Tho"- & Elias Porter," "An act to suspend all civil process against Simon B, "Bissell," which were severally read & it was Resolved to concur with the house in passing s" bills, Rec" from the house the bill entitled " an act directing the State's Atty for Chittenden County to deliver up a certain note ttierein men tioned," with an order of ttie house to refer the same to the joint Comee of Claims, which was read & it was Resolved to concur with the house in their said reference, Rec" the pet, of John Cheny & Nancy Cheny wilh an order of the house to refer the same to the joint Coraee on the pet, of Sarauel Hitch cock, which was read & Resolved to concur with the house in their said reference, Rec" the report of the Visitors of the State's prison with an order of the house to refer the sarae to the joint Coraee on the resolution relating to the State's prison, which was read & it was Resolved to concur with the house in their said reference. Adjourned to 2 O'C. P, M. 2 O'C P, M. — The Council raet pursuant to adjournment, Rec" from the house the engrossed bill enlitled "an act authorizing the proprietors of Shoreham to ratify their proceedings," which was read & it was Resolved to concur with the house in passing said bill into a law. Rec" frora the house the engrossed bill entitled "an act in addition to an act establishing a Corapany of Artillery in the 2" Regiraent 1"' brigade & 2" division ofthe militia of this State, which was read & itwas thereupon Resolved to concur with the house in passing said bill into' a law, with the following proposal of amendment added to the end: "Provided that said Company shall not at any one time exceed the number of 40 including officers & musicians." Mr Wright was ap poinled to assign the reasons to the house, Rec" the following engrossed bills sent up for concurrence or proposals of amendment. Viz. one entitled "an act annexing a part of Vershire to Corinth," "an act altering the times of holding the County Court in Addison County," "an act in addition lo au acl entitled an act directing leather sealers in their offlce & duty & regulating the sale of leather, boots & shoes & the manufacture of Iron & nails," "An act relating to the levying executions & lo poor debtors,'' which were severally read & it was Resolved to concur with the house in passing the same into laws. The pet. of Amos Plartwell was read, stating that he was a convict in State's prison & praying for a pardon, and on the question Shall the prayer of said pelition be granted, the Yeas & Nays were called for & taken as follows, viz. Yeas, None — Nays, Brigham, Keyes, Wright, Bliss, Dennison, Cameron, Crafts, Loomis, Butler & Sraitti — so the prayer of said petition was not granted. Adjourned to 9lO'C. tomorrow A. M. Wednesday October 23". 1811, 9 O'C. A. M. Council met pursuant to adjournraent. The Gov. & Council met ttie house in joint Coin"" for the purpose of electing a Brigadier General for the 3" brigade & 4"^ division, for elect ing a Chaplain to preach the next election sermon & to complete the Governor and Council — October 1811. 331 County nominations, & after making progress the joint Cora"" adjourned to tuesday morning next at the opening ofthe house. ^ Mr Crafts was on motion excused frora the Coraraittee on the coramu nication from the University of Vermont, & the L'- Governor was ap pointed in his room. Rec" the bill entitled "an act in addition to & alteration of an act incorporating certain persons therein mentioned by the name of the Montpelier Cotton & "Woolen Manufacturing Company," with an order ofthe house to refer the same to the joint Com"" of Manufactures, which was read & it was Resolved to concur with the house in their said refer ence, Rec" the bill entitled an act laying a tax of one cent pr acre on the town of Parkerstovi'n with an order of'the house to refer the same to the joint Com"" of tho 2" land tax, which vvas read & it was Resolved to con cur with the house in their said reference. Rec" the account of Amasa Stowell vvith an order of the house to refer the sarae to the joint Coraee of Clairas — concurred to refer the same. Rec" the Report of the President & Fellov\'s of Middlebury College with an order of the house to refer the same to the joint Comee on ttie Communication of the University of Vermont, which was read & Re solved to concur with the house in their said reference. Rec" the bill entitled an act erapowering the select men of Richford to lay out all of the public lands, with an order of the house to refer the same to the joint Comee on the pel. of Selectmen of Shelburne, which was read & Resolved to concur in said reference. Rec" the engrossed bill entitled -'an act incorporating certain persons therein named by the name of Swanton falls bridge Company," which was read & it was Resolved to concur wilh the house in passing said bill into a law. Adj" to 2 O'C. P, M. 2 Oi'C. P. M. — Council raet pursuant to adjournment. Rec" frora the house the following engrossed bills sent up for concur rence or proposals of araendment. Viz. one '-an act to reraedy a mistake in the act granting a tax of 4 cents pr acre on the town of Brownington," "an act to revive & Continue an acl entitled an act laying a tax of three cents pr acre on the town of Huntsburgh passed October 29"'. 1807," "An act to authorize the administratrix of Branchcomb Perigo to deed certain lands therein raention6d," "Au act incoriiorating certain persons therein mentioned by the uame of Paran Creek Manufacturing Cora pany," which were severally read & it was resolved to concur with the house in passing the same into laws. Rec" frora the house tbe engrossed bill entitled '-an act in addition to au act entitled an act reducing into one the several acts for laying out, making & repairing highways," which was read & it was Resolved to nonconcur with the house in passing the same, & thereupon the reasons were dravvn up & assigned, which, wilh said bill, were returned to the house, Rec" from the house the bill eutitled "an act regulating the fees of Collectors of land taxes & directing them in their ofiice & duty," which was read & it was Resolved to concur wilh the house in passing the same by [with an] amendment in striking out the whole of tbe 2"" Section & Mr Keyes was appointed to assign the reasons to the house. Adjourned to 9 O'C, A. M. tomorrow. ' John Mattocks was elected Brigadier General ; Rev. Isaac Beall to preach the next election sermon, and Rev, Jonathan Going alternate. 332 Governor and Council — Octoher 1811. Thursday October 24'". 1811, 9 O, C, A, M. Council met pursuant to adjournraent. On raotion Mr Sraith was appointed on the joint Comee of Claims so far as to take into consideration the pet, of Josiah Wright, Rec" his Excellency's communication respecting Clark Stevens de clining the appointment of Judge of Jefferson County Court with an order of the house to refer the same to the members of Jefferson County to join, which were read & Resolved to concur with -the house in their said reference & Mr Butier was appointed to join said Comee- Rec" frora the house the Pet, of Ralph Parker, The account of John Johnson, The bill entitled "an act directing the ti easurer to pay Sher raan Dewey & Elihu Luce the sum therein mentioned," The account. of Elijah Taylor, with orders of the house to refer the same to the joint Comee of Claims, which were read & Resolved to concur with the house in their said reference. Rec" from the House the bill entitled "an act in addition to an act relating to licenses," wilh an order of the house to refer the same to a Comee of 3 to join, which was read & it was Resolved to concur with the house in their said reference, & Mr Denison was duly appointed. Rec" frora the house the bill entitled an act to revive a tax on Morgan with an order of the house to refer the same to the 3" joint land tax Coraee: concurred. The resolutions of the house was rec" adopting the proposals of araend ment to the Constitution of the United States made by the Congress of the United States at their last session & communicated to the General Assembly this present session, which were read & Resolv" to concur with the house in the sarae, '- Rec" from the house the following engrossed bills ; one " an act laying a tax of two cents pr acre on the town of Troy," An act laying a tax of two cents pr acre on the town of Glover," which were read & it was Resolved to concur with the house in passing the same into laws, Rec" frora the house the engrossed bill entitled "an act directing the measurement of Charcoal, lime & ashes," which was read & it was Re solved to nonconcur with the house in passing the same & ttie reasons were reduced to writing & sent with said bill to the house. Adjourned to 2 O'C, P, M. 2 O'C, P. M. — Council met pursuant to adjournment, Rec" the engrossed bill entitied "an act authorizing the town Clerk of Cavendish to transcribe land records of said town," which was read & it was Resolved to concur with the house in passing said bill into a law, Rec" the report of the railitary Coraraee with a resolution accompany ing the same, which was read & it was Resolved to concur with the house in passing the same, Rec" frora the house the engrossed bill entitled "an act authorizing the Comee appointed to superintend the expenditure of a land tax in Newark to make alterations in a certain road in said town, which was read & it was Resolved to concur with the house in passino the same into a law, ° Mr Seyniour was excused from sitting on the Comee on the pets, of Wells & Poultney & Mr Keyes was appointed in his room. Adjourned to 9 O'C, A, M. tomorrow. i See Appendix B, Governor and Council — Octoher 1811, 333 Friday October 25'"- 1811, 9 O'C, A, M, Council met pursuant to adjournment, Rec" the following engrossed bills sent frora the house for concur rance & proposals of araendraent, Viz. one entitled "an act extending the time for compleating the Sand-bar Turnpike," "au act discharging Dexter Ward from the payment of a certain note &c." "An act laying a tax of 3 cents pr acre on the town of Wenlock," "an act confirming the allotment & survey of the public lands in Shelburn," which were sever ally read & it was Resolved to concur with the house in passing the same into laws, Rec" the bill entitled an act respecting the Counly of Jefferson, being the addition to an act of the above description, with an order of the house to refer the same to the joint Comee on the bill to organize the County of Jefferson, which was read & Resolved to concur with the house in their said reference, Rec" the bill entitled "an act relating to the Slate Bank," with an order ofthe house to refer the same to the joint Comee appointed to take into consideration the situation of the State Bank, which was read & it ¦was Resolved to concur with ttie house in their said reference. Rec" from the house a resolution appointing tuesday raorning next at the opening of the house a time for both houses to raeet in joint Com"" to elect a Judge of probate for the district of Caledonia, which was read & it was Resolved to concur with the house in their said Resolution. Rec" from the house a resolution respecting dividing the State into [congressional] districts with an order of the house to refer the sarae to a Coraee of 4 to join, which was read & it was Resolved to concur in passing said resolution & Mr Crafts was appointed. Rec" the petitions for land taxes on Gostien, Ripton, & Avery's Gore, with orders of the house to refer the sarae to the 3" land tax Comraittee, which were read & it was Resolved to concur with the house in their said reference. The bill entitled an act extending further privileges to the Northern Turnpike Company with an order of the house to refer the sarae to the joint turnpike Comee; pgad & concurred. Rec" the engrossed bill entitled an act for the relief of Noah Smith, [which] was read & it was Resolved to concur with the h. use in passing the same with the following araendraent. Viz. "Provided also, that "neither the said Noah Smith, nor either of his bail, shall take any ben- "efit of this act unless the Judgment debt on which the said Noah is now "iraprisoned in favor of the Verraont State Bank be first secured to the "President & Directors of said Bank, or unless Seth Storrs Esq'- now "imprisoned in Addison Counly Jail as codefendant vvith the said Noah "Sraith in said Judgraent, shall release to said President & Directors all "legal advantages which may result to him by tbe reason of the opera- "tion of this act. Provided also that nothing contained in this act shall "operate as a discharge of the said bonds so far as it relates to any "escape of the said Noah Smith comraitted before the passing of this "act," Mr Wright was appointed to assign the reason to the house. Adjourned to 2 O'C, P, M. 2 O'C, P, M, — The Council met pursuant to adjournment. The Secretary was directed to present the following communication to the Speaker of the Gen. Assembly; To the Hon. Dudley Chase Esquire, Speaker of the House of Representa tives: (Sir, I have recently received a comraunication frora the Coramis sioners appointed by the Government of the Stale of New York for the purpose of taking into consideration all matters relating to the inland 334 Govemor and Council — Octoher 1811. navigation of said State, which I transmit with an act of the legislature of said State on the sarae subject, for the information ofthe General As sembly. They will please to take the subject into consideration & adopt those raeasures that shall be deeraed expedient on so important a sub ject. I have rec" a communication from the Secretary of State of New York on the subject of the exchange of the laws ofthe two States. The Gen eral Asserably will adopt those measures which will be considered proper. The laws mentioned in said communication have come to my hands. Jonas Galusha. Hon. D. Chase Esq''- &c. dec. Rec" from the house the following engrossed bills sent from the house for concurrance or proposals of amendment. Viz. " an act discharging Ebenezer Clark from the paynient of a note therein mentioned," " an act assessing a tax of one cent on the dollar on the list for the Year 1811 " [State tax,] " an act laying a tax of 3 cents pr acre on the town of Hardwick," '- An act granting a ferry to Isaac VV"hitney," "An act incor porating certain persons therein naraed by the narae of the Bristol Aqueduct Company-," -' Au act laying a tax of 4 cents pr acre on the town of Victory," "An act directing the discharge of Abiather Angel frora a certain bond of recognizance," which were severally read & it was Besolved to concur with the house in passing the same into laws. Adjourned to 9 O'C, A, M, tomorrow. Saturday October 26'". 1811, 9 O'C, A, M. Council met pursuant to adjournment. Rec" the Communication of His Excellency with an order of the house to refer the same to the Comee of 4 to join a Committee of Council, which was read & it was Resolved to concur wilh the house in their said reference, & Messrs Brigham & Butler was app" to join.' Rec" ttie pet. of Nathan' Bosworth Jr. with an order of the house to refer the sarae to the joint Comee on the pet. of John C. Waller, which was read & it was Resolved to concur wilh the house in their said ref erence. Rec" frora the house the pet. of Northrup Rockwell, which had been committed to the joint Coramittee of Suspension, who made a report which had been rejected & said pet. was by order of the house referred to the said Coraee tbe 2" tirae, which was again read & it was Resolved to concur with the house in their recommitment, 'This refers to the communication just before given, transmitting a letter to Gov. Galusha from Gouverneur Morris, DeWitt Clinton, Simeon De Witt, W. North, Thoraas Eddy, Rob't R, Livingston, and Rohert Fulton, comraissioners of the State of New York to proraote the con struction of a water communication from the great lakes to the Atlantic ocean ; and an act of the Legislature of New York " to provide for tbe internal navigation ofthe Slate," passed April 8 1811, For these docu ments see printed Assembly Journal of 1811, pp, 122-124, In response, the Legislature of Verraont, ou the SOlh of October, adopted a resolu tion recognizing the great importance of the subject and postponing its consideration to the next session for want of more definite information, which was solicited, — See Assembly Journal above cited, p, 165, Governor and Council — October 1811, 335 Rec" from the house the bill entitled "an act for the relief of Moses Sage," witii an order of the house to refer the same to the joint Com"" of Suspension, which was read & Resolved to concur with the house in said reference. Rec" from the house the bill entitled "au act laying a tax of three cents pr acre on the town of Sherburn," with an order of the house to refer ttie same to the 1"' land tax Comraittee, read & concurred to join. Rec" from the house the bill entitled "an act appointing a Comee to lay out a public market road frora Connecticut river" &c, with an order of the house to refer tbe same to the joint Comraittee on the pet. for a market road from Rutland to Whitehall, which was read & it was Re solved to concur with the house in their said reference. Mr Loomis was Excused frora the Comee on the last mentioned bill & Mr Keyes was appointed in his room. Rec" frora the tiouse tbe bill entitled " an act in alteration of an act &c. incorporating certain Turnpike Companies in the Western Counties in this Stale, passed Nov. 7'"- 1805 " &c. with an onler of the house to refer the same to the joint Turnpike Comee. which was read & it was Resolved to concur with the house in their said reference. Rec" from the house the bill entitled " an act to revive an act for a land tax in the town of Plainfield," with an order of the house to refer the sarae to the 3" joint land tax Comee. which was read & it was Re solved to concur with the house in their said reference. Re5" from the house the following engrossed bills sent up for the con currance of Council or their proposals of amendment: one " an act to enlarge the powers of a Comee appointed to lay out a Stage road from Middlebury to Pittsford," "An act incorporating an aquaduct Corapany in Brattleboro," " An act laying a tax of 2 cents pr acre on Parker's Gore," "An act laying a tax of 2 cents pr acre on Fletcher," " an act ap pointing a Collector of a land tax on the township of Elmore," "An act laying a tax of 4 cents pr acre on Holland," " an act appoint^ a Coraee to lay out a Market road from Danville to St, Albans," "An act laying a tax of 3 cents pr acre on Kelly Vale," which were severally read & it was Resolved to concur with ttie house in passing the same into laws. Adjourned to 2 O'C, P, M, 2 O'C. P. M. — Council met pursuant to adjournment. The pet. of 8am' 1. Mott was read, stating that he was a convict of State's prison & praying for pardon, which was taken into consideration & on the question Shall the prayer of Said Petition be granted ? the Yeas & Nays were called for & taken as follows— Yeas, None— Nays, Brigham, Keyes, Wrignt, Bliss, Dennison, Cameron, Crafts, Seymour, Loomis & Smith — so the prayer of said pet. was not granted. Rec" from the house the following engrossed bills sent up for concur rance & revision or proposals of araendraent, Viz. "An act to revive an act laying a tax on the town of Morgan," "An act laying a tax of 4 Cents pr acre on -the town of Calais," "An act granting a Ferry to Abraham Conklin," "An act repealing an act annexing the 8'" School district of New Haven to the Northwest School district of Middlebury," "An act discharging the person of Abishai Goodell from arrest or im prisonment for the term of 7 years," "An act granting liberty to Paul Brigham tb sell lands," "An act for the relief of Arunah W. Hyde," "An act directing the Treasurer to pay Elihu Luce &c. the sura therein mentioned," "An act directing the treasurer to credit Jacob Whitman the sum therein mentioned," which were severally read & it was Resolved to concur with the house in their said bills & that the same pass & be come laws. 336 Govemor and Council — October 1811. Rec" from the house the bill entitled "an act incorporating persons therein named by the name of the Windsor fire Society," with an order of the house to refer the same to a Comee of 4 to join a Conimee of Coun cil, which was read & it was Resolved to concur with the house in their said reference. Mr Seymour was duly appointed. Rec" from the house the engrossed bills following, to wit, one "an act assessing a tax of 3 cents pr acre on Landgrove," the other entitled "an act laying a tax of 3 cents pr acre on the town of Brunswick," which were read & it was Resolved to concur with the house in passing the same into laws. Adjourned to 9 O'C. A. M. Monday morning. Monday October 28'". 1811, 9 O'C. A. M. Council met pursuant to adjournment. Personally appeared in Council Benjamin Swan Esquire Treasurer elect & presented a bond in tie penal sum of one hundred Thousand dollars, signed by himself as principal & Elias Keyes & Jacob Sraith as sureties, conditioned that the said Benjamin Swan should well & truely execute the office of Treasurer of the Slate of Vermont for the year ensuing, which was read & it was Resolved to accept the same, whereupon the said Benjamin was duly qualifyed by receiving the necessary oaths of offlce as Treasurer as afores"- Bee" from the house the pet, of the trustees of Middlebury College with an order of the house to refer the same to the joint Comee on the report of the trustees of Middlebury College, which was read & it was Resolved to concur with the bouse in their said reference, Rec" from the house the bill entitled "an act appropriating a field piece to Jefferson A lillery Company," with an order of the fiouse to refer the same to the joint Military Comee, which was read & it was Resolved to concur with the house in their said reference, Rec" from the house the bill entitled "an act to repeal a certain part an act enlitled an act establishing a corporation by the name of the Randolph Turnpike Co^." with an order of the house to refer the same to the joint Turnpike Comee. which was read & it was Resolved to con cur with the house iu their said reference, Rec" from the house the following engrossed bills sent up for concur rance, revision or proposals of amendment. Viz, "An act directing the treasurer to pay Amasa Stowell the sum therein mentioned," "An act freeing the body of Jonathan Ware from arrest & imprisonment for three Years," "An act granting John Rogers Jr, an exclusive privilege of keeping a ferry for the term therein mentioned," " an act granting Abel Baily & Alfred Nickols the exclusive right of keeping a ferry for the term therein mentioned," " An act freeing & releasing the body 4 of Jedediah Plutchins frora arrest & imprisonment for ttie terra of years," " an act in addition to an act directing when tenders may be made & when suits at law may be brought in certain Cases," "An act laying a tax of Six cents on each acre of in the town of Woodbury," "An act authorizing 'the Selectmen of Richford to survey the lands be longing to the public rights in said town," " An act laying a tax of 4 cents pr acre on the town of Canaan," "An act freeing the body of Mo ses Pier from arrest," " An act in alteration of & addition to an act in corporating certain persons therein mentioned by the name ofthe [Montpelier] Cotton & Woolen Manufacturing Corapany," "An act sus pending the collecting ofthe State's prison tax against the town of Hol land," "An act laying a tax on the County of Wmdham," " An act sus- Governor and Council — October 1811. 337 pending the collecting ofthe State's prison tax against Wm, D, Weeks " "An act for the relief of Tho"- Miller," which were severally read & it was Resolved to concur with the house in passing the same into laws. Adjourned to 2 O'C, P, M, 2 O'C, P,'M.— Council met pursuant to adjournment, Rec" from from the house a resolution appointing a Comee to take into consideration the report of the bank Comee, which was read & it was Re solved to concur wilh the house iu passing the sarae & Messrs Wright & Butler were appointed, Rec" from the house the bill entitied " an act in addition to the sev eral acts relating to the Vermont State Bank, with an order of the house to refer the same to the above mentioned Coraee. which was read & it was Resolved to concur with the house in their said reference. Rec" from the house the report of the Comee on the pets, of Poultney, Wells & Middletown, with an order of the house to refer the same to a Comee of three to join, which was read & it was Resolved to concur with the house in their said reference & Mr Cameron was appointed, Rec" from the house the account of Daniel Pride &c, [and] "an act di recting the Treasurer to pay Sewell Cutting the sura therein mentioned," with an order of the house on each to refer the same to the joint Comee of Claims; concurred. Rec" from the house the bill entitied an act authorizing the town of Barnard to make contracts &c. with an order of the house to refer the sarae to the joint turnpike Comee. which was read & it was Resolved to concur with the house in their said reference, Rec" the engrossed bill entitled an act granting relief to Joshua Chamberlin, which was read & passed. Adjourned to 9 O'C, A, M. tomorrow. Tuesday October 29'". 1811, 9 O'C, A, M. Council met pursuant to adjournment. His Honor ttie L' Governor & Council proceeded to the Representa tives' room to complete the County nominations, which being done they returned to their Chamber. Rec" from the house the account of Alexander Hutchinson with an order of the house referring the same to the joint Comee of Claims, which was read & it was Resolved to concur with the house in their said reference. Rec" from the House the following engrossed bills. Viz. "an act to re vive an act for a land tax on the town of Plainfield," " An act directing the treasurer to credit the first constable of Underhill the Sum therein mentioned," "An act laying a tax of 2 cents pr acre on the town of Sherburn," "An act extending further privileges to the Northern Turn pike Corapany," "An act repealing an act entitled an act dividing the state into districts for electing representatives to the Congress of the United States," "An act incorporating certain persons therein naraed by the narae of- Barre Allum Company," which were read & it was Re solved to concur with the house in passing the same into laws, Rec" from the house the bill entitled "an act directing the President & Directors of the "V'ermont State Bank at the Middlebury Branch to stay proceedings against Parley Davis & others for one year," with an order of the house referring the same to a Comee to join, Mr Crafts was duly appointed, Rec" from the house the bill entitled "an act appointing a Cornmittee to lay out a road from Canaan to Holland," with an order of the house 22 338 Govemor and Council — October 1811. to refer tbe same to a Coraee to join, which was read & it was Resolved to concur with the house in their said reference & Mr Loomis was ap pointed to join, Rec" the bill entitied "an act to extend the betterment law," with an order of the house to refer the same to a Comee of 3 to join. Concurred & Mr Seymour was duly appointed, Rec" from the house the bill entitied "an act laying a tax on Duncans boro," which was read & it was Resolved to concur with the house in their said bill & that the same becoine a law with the following araend raent, Viz. In line 10'" after the words "old roads" add "except 50 dollars which shall be laid out on the road leading from Troy to Irasburgh." Adjourned to 2 O'C. P. M. 2 O'C, P, M, — Council met pursuant to adjournment, Rec" from the house the engrossed bill entitled "an act laying a tax of 2 Cents pr acre on the town of Bridgewater," which was read & it was Resolved to concur wilh the house in passing this bill into a law, Rec" tbe engrossed bills as follows, sent up for concurrance &c, "An act incorporating certain persons therein mentioned by the narae ofthe Farniers Colton & Woolen Manufactory," "An act for the relief of Joshua Beckwith," '-An act to prevent public injuries arising from the circulating of foreign bank bills," "An act directing the treasurer to pay Josiah Wright the sum therein raentioned," "An act incorporating cer tain persons therein named by the name of the Windsor flre society," which vvere severally read & it was Resolved to concur with the house in passing the sarae into laws. The Gov, & Council proceeded to receive, sort & Count the votes for a Surveyor for public buildings for tbe Year ensuing, which being done it appeared tbat Mr Sylvanus Baldwin of Montpelier was duly elected. Resolved, that the Council advise his Excellency the Governor to ap point the 3" Wednesday of April next & that he is hereby advised to appoint said day to be observed as a day of public fasting & prayer ttiroughout this State, and that he issue his proclamation accordingly. Rec" from the house the bill entitled "an act to authorize the County Court of Essex County to re-examine certain ace'" of the Coraee ap pointed to lay out a road frora Guildhall" &c. with an order ofthe house to refer the same to the joint Com"" of New trials, which vvas read & it was Resolved to concur wilh the house in their said reference. On leave Mr Keyes introduced the bill entitled "an act in addition to an act relating to petitions to the Gen. Assembly;" ordered to lie on the table. Adjourned to 9 O'C, [A, M,] toraorrow. WEDNE.SDAY October 30'". 9 O'C, A, M. Council met pursuant to adjournment. Rec" from the house a resolution appointing this day at the opening of the house in the afternoon a tirae for both houses to meet in joint Cora"" for the purpose of raaking further Counly appointments, to elect Directors for the State Bank, & Visitors of Stale prison; read & con curred. Also rec" another resolution appointing the above mentioned time to meet as afores" to elect 2 raembers of the Vermont University Corporation, Concurred, Rec" from the house the following engrossed bills sent up for revision & concurrance or proposals of amendment. Viz, "An act for the relief of Jonathan Bosworth Jr,, ""An act directing the treasurer to pay Luther Martin the sum therein mentioned," "An act in addition to an act en- Govemor and Council — Octoher 1811. 339 titied an act organizing the County of Jefferson," "An act appointing a Com"" to lay out & survey a market road from Connecticut river to the east line of Chelsea," "An act in addition lo an act ascertaining the principles on which the list of this State shall be made up & directing Listers iu their office & duty," "An act in addition to an act eslablishing the State Bank," "An act in addition to an act eslablishing a cornora tion by the name of the Randolph Turnpike Company," "An acl in addi tion to an act incorporating certain persons by the narae of the Monkton Argil Company," "An acl supplementary to an act granting a Turn pike by the name of Missisqui Turnpike Company," which were sever ally read & it was Resolved to coucur wilh the'house in passing the same into laws. Rec" from the house a resolution respecting an exchange of the laws of this State for those of other States, which was read & passed. Adjourned to 2 O'C. P. M. 2 O'C. P. M. — Council met pursuant to adjournment. Gov, Brigham introduced the bill entitled "an act in favor ofthe land owners of that part of Jay granted to Tho"- Chittenden Esq'- to divide their lands into Severalty,'' which was passed & ordered to be sent to the General Assembly fbr Concurrance, Rec" from the house the engrossed bill entitled "an act granting to Ja"- Wheat & Ethan Bradley the exclusive privilege of Manufacturiug Prussian Blue & Patent Yellow," which was read & it was Resolved to concur with the house in passing the same into a lavv wilh the following amendment. Viz. "Provided nothing contained in this act shall be con strued to affect or injure or impair any former Grant made by this legisla ture;" Mr Loomis appointed to assign the reasons. "llec" from the house the followin,g engrossed bills sent up for concur rance, revision or proposals of amendnient. Viz. "An act laying a tax of 2 Cents pr acre on Walden;" Concur"- "An act for the relief of Joseph H. EUis;" Concurred wilh proposals of araendment as follows. Viz, in 3" line from the bottora of Sec. 1"' after the word "Execution" add "including officers^ fees for commitment with interest on the ivhole from the date of said note." Mr Seymour assigned the reasons. Rec" also the following acts as afbres"''Viz. " Au act laying a tax on Bolton," "An act reviving an act entitled an act incorporating certain persons therein named [by the name of tho Verraont Glass Co ] &c." "An act granting relief to Nancy Gallupp," "An act in addition to an act appointing a Committee to lay out & survey a road leading from While River lo the Turnpike &c," "An act incorporating certain persons therein named by the name of the Rutland flre society," "An act estab lishing a corporation by the name of the Orange & Corinth Turnpike Corapany," "An act in alteration of an act deflning the powers of justices of the peace vvithin this State," "An act authorizing Essex County Court to reexamine certain accounts of a Comee," "An act ap pointing a Comee to lay out a road from Canaan to Holland," "An act niaking Vermont bank bills a tender in paynient of all taxes," "An act directing the Treasurer of this State to pay Joel Tinker the sum therein mentioned," "An act establishing an Artillery Company in the 1"' Reg, 1"' Brig. & 3" division of the Militia of this Slate," "An act authorizing Visitors of the State's prison to procure a bell & for other purposes," "An act for the relief of Moses Sage," "An act extending the belter- nient law," "An act appropriating the Stale tax in Poultney, Middle- town, Ira & Wells," &c., "An act to alter & amend an act incorporating certain Turnpike Companies &c.," "An act providing for the manage ment & government of the State's prison & repealing all acts & parts of acts &c." which were read & passed into laws. 340 Governor and Council — October 1811. A resolution appointing tomorrow morning a time to adjourn the Leg islature was read & it was passed. Adj" to 8 O'C. A, M, tomorrow. Thursday October 31"'. 8 O'C, A, M. Council met pursuant to adjournment, Rec" the engrossed bill entitled " an act authorizing the town of Bar nard to lay out a part of their highway tax on the Center Turnpike leading ttirough said town," which was read & it was Resolved to concur with the house in their said bill & that the same pass & become a law, with certain proposals of amendment, [Received] an act enlitled "an act for the relief of Parly Davis," "An act providing for the raanageraent & government ofthe State's prison & repealing all acts &c,," "An act making appropriations for the present year," "An act directing the secretary of Slate to publish certain acts &c," which were severally read & it was Resolved to concur with the house in passing the same into laws. Rec" the report of the Comee on the New York resolutions for im proving the inland navigation of said State, with a resolution referring the sarae to the next session of the Legislature, which was read & con curred. Gov. Brighara introduced the following resolution: Resolved, the General Assembly concurring herein, that all business which remains unflnished at the rising of this legislature shall be referred to the next session thereof; [which was adopted.] The following debenture of the L'- Governor [and Council] was made out & accepted; Names. Lt. Gov. Brigham. . Hon. N. Chittenden, B. Loomis S. C. Crafts... G. Denison. . . . F. Bliss ¦Wm. Hunter. . , H. Seymour. . . E. Butler J. Cameron. . . J. 'Wright. . . P. Smith E. Keyes E. C. Mallary Secy-. I. P. Dana Sheriff. . Total amt d 1 1 s a°g y s 50 22 6 30 3 fiO 10 42 fi 04 22 42 5 04 22 120 14 40 OO 55 fi 60 22 60 7 20 22 58 fi 96 16 11 1 .32 22 35 4 '20 17 130 15 60 22 72 8 64 22 42 fi 04 22 85 10 20 22 30 3 60 22 863 $103 56 309 3 =4 c o a c a 88153333333333 24 33 25 33 33 3355 33 540 50 50 1=1 s 2 o a <5 CD P 64106 The Gov. & Council proceeded to the Representatives' room and after an address to the throne of grace by tiie Rev" Chaplain of the' House the General Assembly Adjourned without day. The foregoing from page 268 to page 326' inclusive, is a true journal of the proceedings of Council at their October session in the Year of our Lord Eighteen hundred & Eleven. R, c. Mallary Secretary. ' Pages of the manuscript Journal, RECORD OP THE GOVERNOR AND COUNCIL AT A SPECIAL SESSION, AT MONTPELIER, JULY 2,3-25, 1812, State of Vermont ss. A Journal of the proceed ings ofthe Governor & Council of the State of Verraont at their Special Session begun & holden at Montpelier in said State, on Thursday the twenty third of July A. D. Eighteen hundred & twelve. Present His Excellency Jonas Galusha Esq'- Governor; His Honor Paul Brigham Esq'- L'- Governor; The Hon. Elias Keyes, Josiah Wright, Beriah Loomis, Noah Chittenden, Williara Hunter, Pliny Smith, Horatio Sey mour, Frederick Bliss, John Cameron, & Sarauel C, Crafts Esquires Councillors, Rollin C, Mallary Secretary; .Tohn Peck Esquire Stieriff, The business of the Session was opened by an address to the throne of Grace by the Reverend Chester Wright. His Excellency the Governor then Stated the reasons which induced the present meeting of the Council. On motion of Governor Brigham it was Resolved that a Coramittee of three members be appointed to draft a meraorial to the Secretary of War respecting a supply of arras for the militia of this State. Mess' Brigham, Seymour & Crafts were appointed. The Pet, of Addison Stewart, stating that he is a convict in State's Prison & praying for pardon, was read & it was Resolved to disraiss the sarae without consideration, it not being considered expedient at this tirae to attend to any private business. Adj" to 8 O'clock A, M, tomorrow. Friday July 24'". 1812, 8 O'C, A, M, . Council met pursuant to adjournraent. The Cora""' app" yesterday to draft a memorial to the Secretary of the War department respecting arms for the railitia, made report which was read & on motion it was recoraraitted to the afores" Com""- Adjourned to 2 O'C, P, M, 2 O'C, P, M, — Council met pursuant to adjournment. The following preamble & resolution was reported by the Comraittee appointed to draft a memorial &c, "State of Vermont ss. In Council July 24'"- 1812, The Council of said State of Vermont, taking into con.sideration the existing war between the United States & Great Britain & considering that the State of Vermont is a frontier State bordering on the British province of Lower Canada, having a frontier of about Ninety miles, exposed to the inroads & depredations of the Enemy, are deeply im pressed with the exposed & defenceless situation of our new Settiements on & near Canada line. The great exertion making in the province of Canada to organize an efficient military force has called the attention of 342 ' Govemor and Council — July 1812. the Council to the Situation of our own State & induced a critical exara ination of our raeans of defence. We flnd that the orders for the detachment of Militia required of this State by the gener.al Governraent have been promptly obeyed; we however flnd that tiie militia of tiiis State, especially the northern & more exposed part of it, is extremely ^deficient iu arms. That to arm the militia, in addition to the arms we 'now have, ten thousand Stands would be needed. In the northern Counties, we flnd it almost, if not wholly, impracticable for even the small number of Troops detached for the United States service to fur nish themselves with arms. This State has none, & arms in any quan tity are uo where to be purchased. Wilh these views of our situation, the Council deera it highly necessary that the destitute situation of this frontier be immedialely made known to the execuiive of the General Government. And tho Council cannot entertain a doubt but on a just representation being made of our Situation, this frontier will be supplied wilh arms by the General Government, either by raaking a deposit of a portion of ttie United States' arras within this State, to be used on emergencies, or by some other means as shall by them be deemed ad viseable. It will be worthy ofthe consideralion ofthe General Govern ment, that the detached Iroops would, if supplied with the arms this State affords, be put to great inconvenience from having arras of every description & calibre requiring balls & cartridges of various sizes, & that these arms, tho' improper for troops who are furnished by the Gen eral Government with cavtridges of a uniform size, would still be Useful for the defence of the Country in the hands of the inhabitants, who are in exposed situations & who would furnish themselves vvith ammuni tion suited to their ])ieces. It will further be considered that this State will probably have its full share of the burthen of the war by its heing from ils frontier situation exposed to constant alarms & possibly to Ihe necessity of calling out the whole body ofthe railitia for its own defence ¦as Well as for the benefit ofthe common cause, & if furnished witii arms by the General Government, still bear their jiroportion of the expences of prosecuting & supporting the cause ofthe Union. Therefore, Resolved, tbat his Excellency the Governor be requested to make known, as soon as possible, to the Executive of the General Govern ment, the situation of this State as it respects arms; and also to solicit the executive to adopt some raeasure to place within this State such a number of arms as will upon an eraergency enable the General Govern ment to avail itself of the whole physical force of this State." Which was rend & it was Resolved to adopt the sarae. Gov, Brigham introduced the followiug resolutions, which were read & adopted. Viz. Whereas His Excellency the Governor has informed this Council that he has received one thousand stands of arms for the use of the militia of tills State, which have been furnished by tiie General Government pursuant to an act of Congress of April 23''' 1808, which requires tiiat they should be distributed'agreeable to the laws of the several States: And whereas there is no mode proscribed by any law of this State how said arms shall be distributed: And it appearing that there exists tbe greatest necessity that said arms should be placed in such Situations that in case of emergencies they can be used: Therefore, Resolved tiiat his Excellency the Governor be advised & he is hereby advised to place one hundred & flfty stands of said arms in the hands of Major General Cahoon, one hundred & fifty Stands of arms in the hands of Brigadier General Mattocks, one hundred Stands of said arms into the hands of Brigadier Gen' Fassett, [and] one hundred Stands of said arms into the hands of Brigadier Gen' Newell, with directions to use Govemor and Council — July 1812. .343 them in a manner that will afford the greatest protection to the frontier parts of this State, by delivering them only to such men as are actually engaged in the defence of this State & who are unable to arm them selves, at the same time to have them in the best situation possible to be disposed of according to any future act of the legislature. And whereas it appears that Col, Isaac Clark has furnished the de tached militia under Col, Williams & now on the frontiers with one hundred & flfty Stand of arms belonging to the United States on his own responsibility: Therefore Resolved, that should those arms so furnished be called for & returned. His Excellency the Governor is hereby advised to supply said detached Militia with arms to make up said deficiency during their term of ser vice out of the arms delivered to Generals Newell & Fassett & out of those remaining in the hands ofthe Comraissary General, at the expira tion of said term of service said arms so furnished to be disposed of as the legislature may direct. Adj" to 9 O'C, A. M. tomorrow. Saturday July 25'"' 1812, 9 O'C, A, M, Council met pursuant to adjournment, Mr Crafts introduced the following resolution. Viz. Resolved that His Excclly the Governor request Maj, Gen' Dearborn to ord^r two or three Companies of the detached militia of this State to be stationed on or near the line in the Counties of Orleans & Essex;' which was read & passed; and the Council adjourned witlKJut day. A true Journal, Attest R. C, Mallary, Secretary, The following is the Debenture of Council for the Special Session July, 1812: Names. S a o o a a ^ 3 •=O Gov. Brigham E. Keyes B. Loomis S. C. Crafts J. Cameron F. Bliss J. Wright H. Seymour E. Butler P. Smith Wm. Hunter N. ^Chittenden, K. C. Mallarv, Secy- . J. Peck Esqr- Slieriff 504242 42 34 55 130 5811 72003080 11 86 04 12 ( 4!4i 4i 4! 4i4!4! 4i4f 4{4; 7i 4i 00 18 50 9 50 9 50 9 50 8 60 11 50 20 50 11 50 5 50 13 ,50 11 50 8 60 17 50 5 50 159 0054 545458 1010 4682 14 70 10 10 82 A Correct Debenture, R. C. Mallary Secy- ' Immediately after the declaration of war, small corapanies of volun teers were stationed at Troy, Derby, and Canaan, who were furnished with ammunition and supported by towns in Caledonia, Essex, and Or leans Counties,— See Ass, Jour, of 1812, p, 185, and Xawsof 1812, p, 176, THIRTY-SIXTH COUNCIL. OCTOBER 1812 TO OCTOBER 1813, Jonas Galusha, Shaftsbury, Governor. Paul Brigham, Norwich, Lieut. Governor. Councillors : Beriah Loomis, Thetford, Elias Keyes, Stockbridge, Josiah Wright, Pownal, Ezra Butler, Waterbury, Frederick Bliss, Georgia, Samuel C, Crafts, Craftsbury, Rollin C, Mallary, Castleton, Secretary. John Peck, Waterbury, Sheriff. Horatio Seymour, Middlebury, William Hunter, Windsor, Pliny Smith, Orwell, John Cameron, Ryegate, Wm, C, Bradley, Westminster, Wm, C. Harrington, Burlington, BIOGRAPHICAL NOTICES. William Czar Bradley, LL, D., was born in Westminster March 23 1782, son of Stephen R. Bradley, graduated at Yale College in 1817, and admitted to the bar in 1802. He represented Weathersfleld in the General Asserably in 1806, '7, '19, and 1862; was State's Attorney 1804 until 1812; Councillor in 1812; Member of Congress 1813 to March 1815, and 1823 to March 1827; and Presidential Elector in 1856. He was an agent of the U, S, under the treaty of Ghent, Rich in the wis dora that comes from learning, reflection, and intercourse with the ablest men of the country, he had also a ready wit and a large fund of anecdotes, so that in public addresses or social converse he vvas charm ing. For several years he was the candidate of the Democratic party in Vermont for Governor, but with many of his political associates he rebelled against the pro-slavery policy of the Democratic administra tion in 1856, and voted for John C, Fremont, the Republican candidate for President, His last published speech was in 1862, on tlie deafh of Daniel Webster, of which the editor of this volume has the original, in Mr, Bradley's hand-writing, which for elegance would do honor to a professional writing-master, A still later paper, written to the editor when Mr, Bradley was in his 76th year, is equally beautiful. This lelter was not intended for the public, but the most of it is well worth pubh cation. On the selection of Members of Congress he expressed an opin ion which is equally applicable to other important offices — thus: Biographical Notices. 345 A long experience has proved to me that when we have good agents at the seat of government nothing can be more pernicious than what is called "the party rule" to send them for two terras and then supplant them just at the lirae when they have well learnt how to perform their duties and acquired their reasonable share of influence. No person would act on that principle in his private business. We are presuraed in the flrst instance to select the best raen, and when called upon shortly after to make a new selection are reduced to the necessity of taking the second best and so in succession until we get down to bran. On the Supreme Court of the United States he gave the interesting reminiscences following : As to the wicked decision in the Dred Scott case; * * It was thor oughly the opinion of Mr. Jefferson that the greatest danger to our institutions & liberties would corae from the irresponsible Supreme Court, and it proves so, for the power of impeachment has now become a farce and the only remedy is to be found in what is called "the re served rights of the States," which, after all, are but a weak and partial protection. The history of that Court is a singular one. It began pru dently and well, but before the close of the last century began to be intoxicated with power to such a degree that I well reraeraber that Judge Patterson, one ofthe best and mildest of them, used language on the bench in one of the political trials in Verraont under the sedition law which would at this day by all parties be deemed shameful. The trial of Judge Chase' put an end to this, and when afterwards Judge Story, who was very greedy of power and jurisdiction, came on ttie bench a young man and was pressing sorae high toned doctrine without success, he remarked to Judge Chase at their lodgings that he was much disappointed in flnding the latter so moderate and yielding, "Judge Story," said Chase, taking his pipe out of his mouth, "if when having lived as long as I have you come to be impeached and escape by the skin of your teeth, you will be moderate enough," At any rate the effect was quite visible so long as Marshall lived, but when his successor came from Gen, Jackson's catiinet, (where, being under the control of a stronger and I think better man than himself, I flnd no fault with hini,) he brought the political temper on the bench again and we see the fruits of it, CoL William Chase Harrington came to Shelburne from Con necticut shortly after the revolutionary war and first appeared officially as delegate from that town in the Constitutional Conventions of 1791 and 1793, and representative in the General Assembly 1789 unlil 1796, when he reraoved to Burliugton and soon won high reputation as a lawyer. He represented Burlington in the General Assembly 1798, 1802, 1804, and 1806 ; and was State's Attorney for Chittenden County 1791 until 1796, and 1798 until 1812, He was Councillor 1812 and 1813, and died in the last term of his office as Councillor, July 15 1814, aged 58 years, -Deming's Catalogue; Vt. Hist. Magazine, Vol, i, articles " Shelburne" and " Burlington;" and Vt. Republican of July 25, 1814, ' Samuel Chase of Maryland, on the bench 1796 until 1811, RECORD OP THE GOVERNOR AND COUNCIL at the SESSION WITH TPIE GENERAL ASSEMBLY AT MONTPE LIER, OCTOBER 1812, State of Vermont ss. The following is a Journal of the proceedings ofthe Governor & Council of the State of Vermont at their session begun & holden at Montpelier in said State on the second thurs day of October, it being the eighth day of said month in the Year of our Lord Christ one thousand eight hundred & twelve & of the independence of the United Slates the thirty seventh. Present, His Excellency Jonas Galusha Esquire Governor; His Honor Paul Brigham Esquire Lieut, Governor; The Honorable Josiah Wright, William Hunter, John Cameron, Pliny Smith, Frederick Bliss, Ezra Butler, Samuel C, Crafts, Elias Keyes & Beriah Looniis Esquires Councillors, , Rollin C, Mallary Secretary; John Peck Esq'- Sheriff of Jefferson Counly, Mr Clajip of the Plouse, appeared in Council & informed the Gov, & Council that the House of Representatives had organized & were ready to proceed to business. Ordered, that the Secretary inform the General Assembly that the Governor & Council have formed a quorum & are ready to receive any communication that the General Assembly may be pleased to make. The Secretary informed the house accordingly. On motion of Governor Brigham it was Resolved that a Com"" of five members of Council be appointed to join such Cora"" as the General Assembly may appoint for the purpose of receiving, sorting & counting the votes fbr Governor, L' Governor, Councillors & Treasurer for the Year ensuing. Messrs Keyes, Crafts, Wright, Butler & Loomis were duly chosen & qualifyed. Adjourned to 4 O'CIock P. M,^ 4 O'CLOCK p. M, — Mr Hatch of the House appeared in Council & in formed the Governor & Council that the house had convened & were ready to receive any comraunication that the Canvassing Committee has prepared to make. Ordered that the Secretary inform the house that the Governor & Council will immediately meet the General Assembly in the representatives' roora to receive the report of the above raen tioned Coramittee, His Excellency the Governor & the Hon, Council proceeded to the Representatives' room to receive in joint Coin"" the report of the Canvassing Coraraittee, vvhich was read declaring that the following persons were duly elected to the several offices affixed to their naraes, "Viz, His Excellency Jonas Galusha Esq'- Governor; His Honor Paul Brigham Esq'- L'- Governor; Benjamin Swan Esq'- Treasurer; Tbe Hon. Horatio Seyniour, Josiah Wright, Pliny Sraith, Frederick Bliss, Ezra Butier, Samuel C, Crafts, John Cameron, W""- Hunter, Be riah Looniis, Elias Keyes, W°'- C, Harrington & W""- C, Bradley Esq'". Councillors for the year ensuing, which being flnished the Governor & Council returned to their Chamber, Adj" to 9 O'C, A, M, tomorrow, 1 The election sermon was preached by Elder Isaac BeaL Governor and Council — October 1812, 347 Friday October 9'" 1812, 9 O'C, A, M. The Governor & Council met pursuant to adjournment. Present, His Honor Paul Brigham Esq' L'- Governor, The PIon' Ploratio Seyraour, Josiah Wright, Pliny Smith, Frederick Bliss, Ezra Butier, Sam' C, Crafts, John Cameron, AV" Hunter, Beriah Looniis, Elias Keyes, W-"- C, Harrington, W"- C, Bradley, Esq™' Councillors. Rollin C. Mallary, Secretary; John Peck, Sheriff, Received from the house a resolulion appointing the opening of the House this afternoon for the purpose of electing a chaplain by joint Ballot of both houses, which was read & it was Resolved to concur'with the liouse in their said resolution. The petition of John Arnold, a convict of State's prison, praying for a pardon, was read & ordered to lie on the table for consideration. Adjourned to 2 O'C, P, M, 2 O'C, P, M, — Council met pursuant lo adjournment. His Excellency tho Governor direcied ttie Secretary to inform the House that he would appear in the Representatives' roora at 3 o'clock this day for the purpose of receiving the oaths of offlce & niaking his comraunication, which was accordingly done. Petition of Benjarain Hinman, a" convict & prisoner in the State's prison, praying for a pardon, was read & ordered to lie. His Excellency the Governor & the Hon. Council iiroccedcd to the Representatives' roora & afler receiving the oaths of office the Governor delivered the following Speech to both branches ofthe Legislature.^ , At this time the Gov. & Council & Geu' Assembly resolved themselves into a Coraraittee for the purpose of electing by joint ballot a Chaplain pursuant to the concurrant resolulion of both houses. The Ballots being duly taken, sorted & counted, it appeared that Elder [Isaac] Beall of Pawlett was duly elected. Tlie Governor & Council returned Gentlemen of the Council, and Gentlemen of the House of Representa tives, — The continued confidence of my fellow citizens has once raore called me to acknowledge, with gratitude, their repeated favors and ray renewed obligation. The contest in which we are involved causes rae to feel the deepest sensibility of the necessity of your support and the benefit of your uniled wisdoni, and also an entire reliance upon that Suprerae Being, who hath hitherto been our support and defence, and who bestows wisdom on all vvho sincerely ask it. It is the highest interest of every government, but especially of repub lics, on just and honorable grounds, to cherish peace and a good uuder- standiiig with all nations; and I sincerely believe it to have been the unremitted endeavor of our National Government, by every mean in their power, to maintain the blessings of peace — remove the encroach ments on our lavvful commerce and the infringements on our national rights and independence, without resorting to the last and most dread ful reraedy of repelling aggression by force. But Great Britain, from her superior naval force, has claimed the dominion of the seas, and put at defiance the rights of nations and individuals. Such has been her conduct towards the United Slates that we had no alternative but to submit to her arbitrary edicts and abandon our real independence, or with manly fortitude contend for our sacred rights at the expence and hazard of a war with that formidable nation, which in the exercise of power is regardless of right, AVhen all honorable negociation was ex- tiausted without effect, and restrictive measures, for want of union and support among ourselves, had failed to produce the desired object, every ^ Printed Assembly Journal of 1812, p, 14, Appendix A. 409 hope of accommodation having perished, and the- cup of our sufferings full. Congress, relying on the justice of their cause, the flrm support of the patriotic sons of liberty and tiie aid of the God of armies, resorted to the last remedy of injured nations— an appeal to arms. The particu lar causes thereof are fully exhibited in the President's Message to both houses of Congress, of the 1st of June, 1812, and the report ofthe com raittee of foreign relations thereon. Although some doubt the propriety of the raeasures adopted, yet war being declared by the constituted authorities of our country, it ought no longer to remain a question of policy, but it has becorae the duty of the state governraents, and of every individual, with pronipitude to espouse the sacred cause of our injured country, second the measures of our general government, provide for the defence and safety of our citizens, and with zeal pursue such measures as will tend to procure an acknowledgment of our nalional rights, a release of our irapressed sea raen, remove the encroachments on the great highway of nations, put a final period to the calamities of war, and establish a perraanent and honorable peace. At so important and interesting a crisis as the pres ent, it is expedient that we lay aside all party prejudices and unite in one common cause to maintain our independence, and transmit to pos terity those invaluable rights which were sealed to us by the blood of our heroes, and by our example invite every citizen and friend of liberty to divest himself of fill selfish aud local policy, and with patriotic zeal erabrace the cause of our common country, a country abounding with every necessary of life and in the full tide of civil and religious liberty. Is it possible to conceive that any citizens, living under such a mild and equal governraent, can be so destitute of a principle of patriotism, and so lost to their own true interest, as through a fond passion for a foreign power, the violence of party zeal or the sordid passion of avarice, to betray the just cause oftheir suffering country, prolong the horrors of war, in voke the vengeance of heaven, and be guilty of the blood of thousands, by devoting their talents and yielding their support to a nation whose pledged faith has been so often violated, and wtiose tender mercies by experience have been proved to consist in cruelty? Rather let a sense of comraon danger and a love of country cement our hearts, conciliate our affections and disappoint the sanguine hope of the enemy to profit by our divisions. It is. Gentlemen, expected that the general government will direct all the important operations of the war, and provide means of defence in ttie several parts ofthe Union, But situated as this state is, coniigu- oi|js to the populous settlements ofthe enemy and exposed to the whole military force in Lower Canada, I should be deficient in my duty if I did not recommend to you in the most pressing manner, by every mean in your power to put this state in the best possible posture of defence; to have the railitia properly equipped, ready to take the field, and provide for their speedy and effectual raoveraent to any place of danger whenever occasion requires. The militia law will need a thor ough revision, and many additions to render it efficient for the exigen cies of war, A conimittee was appointed at our last session for that purpose, and I trust a report will be seasonably made, that there raay be a full investigation of the system. The promptitude with which the detached militia, in raost of the towns, have marched to the defence of the frontier, has exceeded my highest expectations. Such a patriotic and military ardor pervades the state, that raany thousands of the in habitants, who were by law exerapt from military duty, have enrolled ttiemselves, elected their offlcers, and tendered their services to support 410 Appendix A. the laws and government of their country, suppress insurrections and repel invasions. As soon as war became certain, I represented the exposed situation of our northern frontiers and the general destitution of arras for the use of the militia, to the Secretary of AVar, and received information from him that one thousand stand of arms would be delivered to my order at Springfield, Massachusetts, conformably to a lavv of the United States ofthe 23" day of April 1808, for arming the whole body of militia, which arms are to be distributed to the militia, under such rules and regulations as shall be by lavv prescribed by the legislature of each state and terri tory. I have since received similar orders for flfteen hundred stands in addition on the same condition. It is requisite therefore that a law should be passed fbr the purpose of distributing thera. The whole of said arms have been, by the Coramissary of MUitary Stores, transported to Bennington, and, from the necessity of the case, I have direcied a portion of them to be deposited with the general offi cers in the northern part of the state, to be used by the militia in case of emergency; and, from like necessity, some have been delivered to the officers of the detached mUitia, for the use of those soldiers now in service who were destitute; a particular statement of which will be submitted to you, or such comraittee as may be appointed on the subject of a distribution, I sincerely regret that I am under the necessity to in form you that the arms already obtained fall far short of the real defi ciency; andl do earnestly recommend that some'measure be adopted that arms may be provided and brought into the stale, to be sold to such ofthe militia as are able to equip themselves, and to furnish such as are not, when called into the service; and that a sufficient quantity of am munition, tents and carap equippage be provided and constantly kept in readiness for use. After war was declared, the pressing calls from al most every town near the northern limits of this state, to be protected or furnished with the means of defence, were such as rendered it expe dient for me to convene the Executive Council, to deliberate and advise on the best measures to be pursued under existing circumstances, which measures I entertain no doubt but you will approve, and make appro priation for the expence; as also for the transporting the arras, and some other incidental expences, which could not be foreseen and provi ded for at the last session. It will. Gentlemen, be necessary that a law be passed directing the mode for electing Representatives to represent this State in the Con gress of the United States, I am officially informed that this state wiU be entitied to six representatives in Congress from and after the third day of March next. The time for which the Hon, Stephen R, Bradley was elected a Sena tor frora this State in the Senate of the United Slates wUl end with the third day of March next. It therefore becomes the duty of the Legis lature to elect a Senator to supply said vacancy for six years next fol lowing the said third day of March, It will also be necessary for you to direct the raanner in which the electors of President and Vice Pres ident of the United States shall be appointed for the ensuing presiden tial election, and fix the place for the meeting of the electors. The last Wednesday of March next being the day appointed hy the Constitution for the choice of a Council of Censors, it wUl be expedient that a law to regulate the choice of said Council be passed in an early part of the session, that it may be seasonably promulgated for the in formation of the people. The state of our finances is among the first objects that claim your Appendix A, 411 attention. The most favorable means ought to be resorted to to replen ish the Treasury with a medium that will answer all the public purposes of Ihe state, and secure ils credit on a basis that cannot easily he shaken. Although the pressure of business at the present session will scarcely allow you time lo deliberate on all the various subjects of legislation, yet the improvement in manufacturing is an object of so great utility aad so immediately connected with our true interest and complete inde pendence, that it cannot fail to raeet the approbation aud fostering care of every wise and prudent legislator. May the importance of the business now before us, and the solemn consideration that the fate not only of the present generation, but of unborn millions, depends on the events ofthe present time, excite us to au assiduous and zealous attention to our respective duties, and inspire us with confidence and union among ourselves, and a firm reliance on that Omnipotent Being who sways the sceptre of the Universe, and directs the destinies of nations, to crown our joint labors with abundant success, Jonas Galusha, Montpelier Oct, 9'"- 1812, Nathaniel Niles, AVUliam A, Palraer, Titus Hutchinson, Charles Rich, and Pleraan Allen of Colchester, were the committee to report an an swer. Their report was erainently partizan, and was adopted by a vote of 112 to 81,— See printed Assembly Journal of 1812, pp, 142, 151; and for views of the Federalists as to the vvar, see the same, p. 178, APPENDIX B. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, Proposition to exclude Slaves in the Apportionment of Rep resentatives IN Congress, From printed Vermont Assembly Journal of Oct, 16, 1804: Rutland, 13'" Oct. 1804. To the Hon. the Speaker ofthe House ofthe House of Representatives : j,jiy. — Herewith I transmit for the consideration ofthe Honorable House' certain Resolutions of the Legislature of the Commonwealth of Massachusetts, referred to in my Address to the two Houses of this day.^ With due consideration and respect, I am yours, Isaac Tichenor, Caleb Strong to Isaac Tichenor. Boston, June 22d, 1804, |kjij, — The Legislature of this Commonwealth have requested me to inforra your Excellency oftheir doings, which are stated in the inclosed Resolutions, and request that sirailar measures may be adopted in the State of Vermont, I have the honor to be. Sir, with great respect, your Excellency's most obedient servant, Caleb Strong. His Excellency the Governor, Common-wealth of Massachusetts. In the House of Repre sentatives, June 16, 1804. Whereas by the Constitution of the United States it is provided, that Representatives shall be appointed [apportioned] among the several states, according to their respective numbers, which shall be deterrained, by adding to the whole nuraber of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons; and further, that for the choice of the Presi dent and Vice President of the United States, each state shall appoint a nuniber of Electors equal to the whole nuraber of Senators and Rep resentatives to which the State may be entitled in the Congress: And whereas the said provisions were so manifestly unequal, at the time the Constitution was formed, that they could have resulted only from the spirit of conciliation and compromise, which influenced the ' See ante, p. 388. Appendix B. 413 Eastern States; because in consequence thereof, a representation ofthe states IS producea, unjust and injurious in its operation, both as it re gards the number of free inhabitants in the several states, and their property; as in a State where the slavery of man is established by law the slaves have no voice in the Elections- but a planter possessino fifiv slaves raay be considered as having thirty votes, while a farmer in°Mas- sachusetts, having equal or greater properly, is confined to a sinole vote : ° And whereas the effect of these provisions has been rendered raore unequal and injurious by the course of events since the Constitution was established, by an augraentation of the nuraber of slaves in the Southern States, and also by an increase of personal property in t'-e eastern states, arising from the comraercial spirit of the inhabitants: And whereas the said provisions have been rendered more injurious by iraportant political changes, introduced during the present adrainis tration, in the purchase of Louisiana, an extensive Country, which will require great nurabers of slaves for its cultivation, and when adraitted into the Union, agreeably to the cession, will contribute, by the nuraber of its slaves, to destroy the real influence of the Eastern States in the National Government; and also in the original mode of electing the President ofthe United States, whereby, in the appointraent of that important Magistrate, the right of the small States, (among which are raost ofthe Eastern States,) where there are few or no slaves, is greatly diminished: And whereas in the apportionment of the direct taxes, the only com pensation proposed by the Constitution, to the States not holding slaves, for the aforesaid unequal principle in representation, is now" merely norainal, as the National Revenues are principally derived frora com mercial imposts, the present adrainistration having repealed the excise laws, which operated in sorae measure, by a tax on luxuries, to equalize araong the several States the contributions to the public burthens; and having also recently assessed additional millions on commerce, of which the Eastern States must pay much more than their due proportion, so that instead of contributing less than their proportionate share of public expense, as was conteraplated by the Constitution, as a counterpart to unequal representation, they contribte more; And whereas a union ofthe Stales, a measure so important in its con sequences, cannot harmoniously exist, fbr a long period, unless it be founded on principles which shall secure to all Free Citizens equal polit ical rights and privileges in the Government, so that a minority of Free Citizens may not govern a raajority, an event which, on the prin ciples of representation now established, has already happened, and may always happen. Therefore, to preserve the Union of the States, upon sound and just principles, and to establish a foundation for general harmony and confl dence araong all the Cilizens of the United States, by securing to them novv, and at all future periods, equal political rights and privileges; Resolved, That the Senators of this Commonwealth in the Congress of the United States be, and they are hereby instructed, to take all proper and legal measures 10 obtain an amendment of the Constitution of the United States, so that the Representatives be apportioned among the several States according to the numbers of their Free Inhabitants re spectively, and fbr this purpose, that they endeavor lo obtain a Resolu tion of two thirds of both Houses of Congress, proposing such amend ment to the Legislatures of the several States in the Union. And be it further Resolved, That His Excellency the Governor be re- 414 Appendix B. quested to transmit to each of the said Senators an attested copy of this Resolution, And it is hereby further Resolved, That His Excellency the Governor be requested to inform the Chief Magistrates of the several States of the doings of the Legislature of this Commonwealth, and request them to adopt the sarae measures. Sent up for concurrence, H, G, Otis, Speaker, In Senate, June 20, 1804. Read and concurred, D. Cobb, President A true Copy, Attest, John Avery, Secretary. Oct, 18 1804, tiie foregoing resolutions were considered by the Assem bly in committee of the whole, and the report was adverse. After de bate on the report in the House, the question of acceptance was post poned to the 25th, when, "after a lengthy discussion ofthe subject," the report was accepted, yeas 106 to nays 76, In the Presidential elec tion of 1800, Mr, Jefferson received 73 votes, 53 of which were from the slave states; and John Adams received 65 votes, 63 of which were from the free states: so Mr, Jefferson's votes were mainly from the slave, and those of Mr, Adams from the free states. This fact was adverted to in the preamble to the resolution adopted by Massachusetts, which was then a Federal State. That both the Jeffersonians aud the Federalists in the legislature treated this as a party question, is evident from the yeas and nays. Among those who favored the adverse report of the committee were the following prominent Jeffersonians : AVilliam C, Bradley, Ezra Butler, James Fisk, Titus Hutchinson, Aaron Leland, Henry Olin, Mark Richards, Charles Rich, and Samuel Shaw, all of whom but two became Congressmen; while among the nays were prominent Federalists, to wit, Jedediah P. Buckingham, Daniel Chipman, Arad Hunt, AVm, C, Harrington, Asa Lyon, and Solomon AVright, On the next day, James Fisk, Titus Plutchinson, and Charles Rich were ap pointed to draft a message or reply to Governor Tichenor on the sub ject, and on the second of November they reported as follows: Sir, — The resolutions transmitted by the Governor of Massachusetts, and which accompanied your message of October 13lh, 1804, have re ceived frora this House that consideration which the importance of the subject requires, AVe do not consider the provisions of the present constitution so unequal as supposed by said resolutions; nor do we consider those pro visions to have been rendered more injurious by any political changes introduced during the present administration. The amendment proposed, as we conceive, would materially affect a part ofthe federal constitution which was iu fact the result of a spirit of compromise, and which guarantees to sorae of the Slates in the Union, a right, which to them is sacred; a right, in consideration of vvhich, mutual beneflts are secured to us. For although the duties arising from imports are sufficient to meet the exigencies of government, while we enjoy the calm sunshine of peace; yet, should the United Stales at any time be involved in war, (vvhich is no uncommon fate of nations,) very important would be the power, and very necessary the use of direct taxation. And in such an event, we should highly appreciate the mode Appendix B. 415 of apportioning the expences among the several States, established bv our present Constitution, Again, we apprehend that the amendment proposed would have a tendency to destroy, rather than conflrm, that union among the several States, so essential to our national prosperity, AVe therefore cannot recommend the raeasure proposed by said Reso lution, This paper was adopted by a party vote — 105 to 65, and it was ordered that the Speaker sign the same, and that Titus Hutchinson deliver it, with the resolutions of Massachusetts, to Gov, Tichenor,' Dec, 19 1804, Kentucky dissented from the proposal of Massachusetts for reasons which were fully set forth, — See printed Vermont Assembly Journal of 1805, p, 16, Proposed Amendment to prevent the further Importation OF Slaves,' J, Turner to Isaac Tichenor, North Carolina, Raleigh, Sth January, 1805, Sir. — The legislature of this State have requested me to transmit to your Excellency the annexed resolution, proposing an araendment to the federal constitution, with a request that the same may be laid before the legislatuve of Verraont for their concurrence and adoption, I have the honor to be. Sir, with great respect, your Excellency's raost obedi ent servant, .L Turner, His Excellency ihe Governor of Vermont North Carolina, In Senate, November 23, 1804, Resolved, That our Senators in the Congress of the United States be instructed, and our Representatives requested, to take all legal and nec essary steps, [and] to use their exertions, as soon as the same is practi cable, to obtain an amendraent to the Federal Constitution, so as to authorize and empower the Congress of the United States to pass a law, whenever they may deem it expedient, to prevent the further importa tion of slaves, or people of colour, from any of tbe AVest India Islands, from the coast of Africa, or elsewhere, into the United States, or any part thereof Resolved further. That the Governor be, and he is hereby requested to transrait copi.es of the foregoing resolution to our Senators and Repre sentatives in Congress; also to the executives of all the different States in the Union, with a request that the same may be laid before their re spective legislatures, for their concurrence and adoption. ' ° Jo: RiDDICK, S, S, By order, M, Stokes, Clerk, In House of Commons, Uth December, 1804, Read and concurred with, S, Cabarrus, S, H, C. By order, J, Hunt, Clerk. I hereby certify the foregoing to be a true copy from the original, M, Stokes, Clerk of the Senate, 'Printed Assembly Journal of 1804, pp. 84, 88, 159-161, 168, 266-269, ' See ante, p. 390. 416 Appendix B. Accompanying the foregoing was a resolution of the Legislature of Massachusetts, concurring with the proposition of North Carolina. This afforded the Jeffersonians an opportunity to put themselves on the record in respect to slavery, and disarm any criticism of their action in the previous year in rejecting the amendment to the constitution pro posed by Massachusetts, so far as it touched slavery. In answer to the speech of Gov. Tichenor, they united with the Federalists in saying: The araendraent proposed by North Carolina, and adopted by Massa chusetts, for putting a stop to the importation of slaves into the United States, shall be duly attended to. Universal freedora is one of those funda mental principles of our political institutions which are engraven on the mind and live in the affections of every true American. And although our country is already infested with slavery, the toleration of which might seem to contravene the general system of our policy, we trust that the huraanity and justice of our country will prevent ttie increase of the deprecated evU,"and arrest, as soon as possible, that execrable traffic in tiuraan flesh. Oct. 17 1806, Lewis R. Morris (Fed.) introduced resolutions concur ring with the amendment proposed by Nortii Carolina, which were adopted by comraon consent, and were concurred in by the Governor and Council on the 19th.' Proposed Amendment to limit the Jurisdiction of the Fed eral Courts. Oct. 12 1806, Gov. Tichenor transraitted to the Speaker of the House resolutions of Kentucky proposing to amend the Constitution of the United States so as to exclude the Federal Courts from jurisdiction in the cases named in the last four clauses of Sec, II of Article III, to wit; "between a State aud citizens of another State; between citizens of different States; betvvcon citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign Stales, citizens or subjects," The Governor also transmitted resolutions of Pennsylvania of March 20 1805, which con curred with the proposal of Kentucky, The position of Kentucky tow ards Virginia had been very much the sarae as that of Vermont towards New York previous to the settlement of the controversy in 1790— dis tant from the seat of governraent and the courts of last resort, and with many conflicting claims to land to be legally settied. The condition of the two States was very much the same in 1806, The legislators of Vermont therefore well understood the grievance of Kentucky, and sym pathized with her people; nevertheless, Oct, 22, on motion of Charles Rich, out of abundant caution, the subject was referred to the next session,' ' Printed Assembly Journal of 1805, pp, 19, 20, 35, 54, ' Printed Assembly Journal of 1805, pp, 14, 18, 78, Appendix B. 4I7 Oct. 11 1800, the proposition of Kentucky was made the special order for consideration in committee of the whole tiouse, and " after some time spent in debate," it was recommended to the House to concur in the proposition. This report was accepted, 148 to 34, and Charles Rich, Daniel Buck, and Titus Hutchinson were appointed to draft resolutions of concurrence. Of the lawyers, in the affirmative were AViUiam C. Bradley, Daniel Buck, Titus Hutchinson, and Abel Spencer; and in the negative AVilliam Baxter, Nathaniel Chipman, and Daniel Chipman, Nov, 3 the coraraittee reporled the following; AVhereas his Excellency the Governor of this State did, on the 12lh day of October 1805, communicate to the Speaker of tiie House of Rep resentatives of this State, for the consideration of said House, certain resolutions of the General Assembl.y of the State of Kentucky, which resolutions vvere in the words following, viz, "AVhereas, owing to the manner of appropriating lands on the west ern waters, adopted by the State of Virginia, previous to the erection of the State of Kentucky into an independent State,' there -are many con flicting claims to land, andthe titles to real property in Ihis State are thereby rendered precarious and unsettled; and inasmuch as many clairas to lands in this commonwealth are held by non-residents who have it in their election to have their suits tried in the Slate court or tho court of the United Stales, which gives the non-residents a decided advantage, the resident having no such election; this advantage is more manifest, vvhen it is considered that different principles of decision may be established by those different tribunals, aud the non-resident has it in his power to resort to that court where former decisions favor his particular case, and this is not the only inconvenience which the cilizeus of this coraraonwealth are subject to; in consequence of our peculiar state, the artful and wealthy land claimant, who is an inhabitant of this Slate, by a transfer of his title to a non-resident, may give jurisdic tion to the court of the United States, and thereby put it out of the power of his indigent opponent to pursue or support his claira with suc cess; this is sufficiently evident when we recollect the great distance at which raany of our citizens live from the district court of the United States for the Kentucky district, and their inability to prosecute an ap peal to the Federal City : " And whei-eas serious and alarming consequences raay arise, from contradictory adjudications in the supreme federal court and the court of appeals in this State; and whereas the judiciary of each individual State ought to be considered as best qualified to decide upon the laws enacted by the legislature of that State, raore especially when the sub ject to be adjudicated on is of such a nature as to require an intimate knowledge of the history of that State, and the particular mode of ac quiring that property which is the subject of dispute: "Resolved therefore. That the Senators in Congress from this State he, and they are hereby instructed, and our Representatives in Congress are also requested, to use their best endeavors to procure such an amendment to the constitution of the United Stales as will confine the judiciary power of the courts of the Uniled States to cases in law and equity arising under the constitution and laws of tiic United States, and treaties made or which shall be made under their authority; cases 'In 1790, The acts of Virginia and New York, consenting fo the in- dcpeudeuce of Kentucky and A''erniont, were nearly contemporaneous. 27 418 Appendix B. affecting ambassadors, other public ministers and consuls; cases of ad miralty nnd maritime jurisdiction; controversies to which the United Stales shall be a parly; and controversies between two or more States. " Resolved also. That llie Governor be, nnd he is hereby requested to forward the foregoing resolution to each ofthe Senators and Rcprosent- alivcs from this Stale in the Congress of the United Slates; also to tiie executive of each State in the Union, that the same may be laid before their several Legislatures, wilh a request for their co-operatiou iu pro curing the said amendment," And whereas the aforesaid resolutions were, on the 2-2d day of Octo ber 1805, by a joint resolution of both houses, referred to the present session of ttie legislature: And whereas also, it is the opinion of this le,gislature, that the good people of this State experience nearly all the inconveniences and evils expressed in the resolutions frora the Slate of Kenluc'Ky; and that two indoiiendent courts, having no corrective over each other and holding jurisdiction over the same subject in controversy, cannot continue to exist within the same State without engendering seeds of jealousy and ill will, naturally lending to establish different and clashing rules of de cision, and also forming two rallying points and erecting two standards for the resort of political partizans, and laying a foundation for that dis cord which raay eventually termiuate iu the dissolution of our happy Union; vvhich, together with the great expence of the service of writs returnable at so great distance, and of witnesses alteuding courts, (no depositions being laken within one hundred miles of court,) and the fees of counsel above what is required in our state courts, induce this Legislature fully to concur with the legislature ofthe State of Kentucky in the aforesaid resolutions: Therefore Resolved, That this house fully concur with the legislature of the State of Kentucky iu the aforesaid resolutions; and that his Ex cellency the Governor of this Stale be requested to transmit the afore said resolutions to each of the Senators and Representatives frora this Slate to the Congress of the United States, and also to the executive of each State in the Union, The foregoing resolutions were adopted by the House and concurred in by the Council,'- Proposed Amendment for Removing .Tudges of the United States' Courts, Oct. 10 1807, William C. Bradley introduced, on leave of the House, a resolution for "an amendment ofthe Constitution of the United States, in such manner as will empower the President of the Uniled States to remove any of the Judges ofthe Supreme Court ofthe United States, upon address made to hira for that purpose, by a raajority of the House of Representatives, and tvvo thirds of the Senate, in Congress assembled;" which was referred to a committee consisting of AViUiam C, Bradley, Dudley Chase, and Titus Hutchinson, Nov, 4, this com mittee reported the foUowing resolutions to the House, which were ' See printed Assembly Journal of 1806, pp, 20, 04, 180; and ante, p. 136. Appendix B. 419 adopted on the 5th and sent to the Governor and Council for concur rence ; State of Vermont, In General Assembly, Nov, 4lh, 1807, AVhereas Ihere is no provision made in tiie Constitution of the Uniled States for the removal from otfice of any of the Judges of the Courts of the Uniled Slates, who are rendered incapable of di'scharging their offi cial functions by reason of extreme old age, insanity, or oilier" reasonable cause, not amounting to sufficient ground for impeacliment: And whereas it appears to this Legislature, that, unless sorae altera tion shall take place, cases will continually occur, operating the suspen sion of public justice, and the sacrifice of the public good; evils which, in our opinion, may be remedied in a manner equally securing all proper independence to the Judge and the distribution of justice to the citizen. Resolved Therefore, That the Senators in Congress from this Slate be and they are hereby instructed, and our Representatives in Congress are also requested, to use their best endeavors to procure such an amend ment to the Consfitution ofthe United Stales as will empovver the Pres- dent of tbe United States to remove frora office any of the Judges of the Courts of the United States, upon address to hira made for that pur pose, by a majority of the House of Representatives, and two thirds of the Senate, in Congress assembled. Resolved also. That the Governor be and he hereby is requested to forward the foregoing resolulion to each ofthe Senators and Represent atives from this Slate in the Congress of the United States, also to the executive of each State in the Union, that the same may be laid before their several legislatures for their co-operation in procuring said amend ment, Nov, 6th, the Governor and Council concurred, with amendments, to wit; by striking out the words in italic in the first clause in the pream ble, and inserting the words " for any other cause than such as may sub ject thera to be removed upon impeachment;" and by striking out the words in Italic in the second clause of the preamble and insertin,g the words " m.ay occur " — both of which were agreed to by the House. March 1 1805, John Randolph of Virginia proposed to empower the President to remove any ofthe Federal judges '' on the joint address of both Houses of Congress;" and on that day the Vermont members of the House voted as follows on a motion favorable to a consideration of the amendment; yea, Gideon Olin — nays, AVilliam Chamberlin, Martin Chittenden, and James Elliot, At the session of 1808, the Governor communicated the rejection of Vermont's proposed amendment by Del aware and Virginia, ^ 'Printed Assembly Journal of 1807, pp, 36, 224, 231; and ante, p, 177; Benton's Abridgement of the Debates of Congress, Vol, iii, p, 341; and printed Assembly Journal of 1808, p, 110. 420 Appendix B. Proposition fob the Removal of United States Senators from office. Nov. 3 1808, Gov, Tichenor sent to the General Assembly a resolution of the legislature of Virginia, adopted Jan, 13 1808, proposing au araendraent lo the federal constitution so That the Senators in the Congress of the United States may be re moved from office by the vote of a majority of the whole number of the members of the respective state Jegislalures by which the said Senators have been or may be appointed. This proposition was not considered by the legislature of 1808, but in 1809 it was rejected, as follows; In General Assembly, Oct, 20, 1809, Whereas his excellency the Governor of tiiis Slate has communicated to this Assembly a resolution adopted by the legislature of Virginia, proposing an aniendnient lo the Constitution of the United States; tiiat the Scnalors in Congress of tbe United Slates may be removed from office by the vote of a majority of the whole of the members of the re spective slate legislatures by which the said Senators have been or raay be appoinled: And whereas, in our opinion, the Senators in the Congress, of the Uniled Stales do not hold their offices during a period of sufficient length to render such amendment necessary: therefore. Resolved, That we do not concur in recomraendiug the amendment proposed hy the resolulion aforesaid; also. Resolved, That the Governor of this Slate be requested to transrait copies of the foregoing resolutiou to the executive authorities of each of the United States,-' Proposal to limit the power of Congress as to acts of Em bargo, Oct, 20 1809, Gov, Galusha sent to the Assembly a proposal of Mas sachusetts, the nature and the rejection of which appear by the following resolutiou of the Vermont Assembly : In General Assembly, Oct, 26, 1809, Whereas his excellency the Governor has communicated to this As sembly a resolution adopted by the legislature of Massachusetts, which has for its object an amendment of the Constitution of the United States, so as to pre'v^ent the passing of any law for laying an embargo, or for prohibiting or suspending commerce, for a longer time than unlil the expiration of thirty days from the commencement of the session of Con gress next succeeding that session iu which such lavv shall have been enacted. And AVhereas it is obvious, that the Congress of the United States, within thirty days after the commencement of any session, can repeal any lavv laying an embargo for a longer period than thirty days after the com- 'Adopted on motion of Titus Hutchinson, — See printed Assembly journal of 1808, p, 110; and of 1809, p. 71. Appendix B. 421 mencement of such session, if its longer continuance shall have become unnecessary, or can revive and prolong any such law, which would ex pire within thirty days as aforesaid, if its longer continuance shall be come necessary; and that in tiiis plain view of the subject, said araend raent would be altogetiier nugatory; therefore. Resolved, That we do not concur in the amendraent contemplated in the foregoing resolulion, so adopted by Ihe legislature as aforesaid- also Resolved, That the Governor of this State be requested to transrait copies ofthe foregoing resolution to the executive authorities of each of the United States. ' Proposal for a Tribunal to determine Disputes bet-ween the General and State Governments, At the sarae time with tho foregoing proposal, tho Governor sent to the Assembly an amendraent proposed by Pennsylvania, which is set forth in the following resolution of rejection adopted by the Vermont Assembly; In General Assembly, Oct, 26, 1809, Whereas his excellency the Governor of this State has comraunicated to this Assembly certain resolutions adopted by the legislature of Penn sylvania, proposing an araendraent to the Constitution of Ihe United Slates, that au impartial tribunal may be established lo determine dis putes between fhe General and State Governraents; and AVhereas such disputes are not so frequent, nor of sutficient magni tude, in our opinion, to render such a tribunal necessary; therefore. Resolved, That we do not concur in recommending the amendment proposed by the resolution aforesaid; also. Resolved, That the Governor of tliis State be requested to transmit copies of the foregoing resolution to the executive authorities of each of the United States.' Proposal to prevent Citizens of the U. S. receiving office or emolument, &c., from foreign nations, Oct, 17 1811, Gov, Galusha sent to the General Assembly an amend raent proposed by Congress to the Conslilulion of the United States, which is fully set forth in the following extract from the Assembly Journal: In General Assembly, Oct, 22, 1811, AVhereas his excellency the Governor has com municated to this house a resolution, passed by the Congress of the United States, proposing an 'Adopted on motion of Titus Plutchinson,— See printed Assembly Journal of 1809, p, 70, 'Adopted on motion of Titus Hutchinson, — See printed Assembly Journal of 1809, pp. 46, 71. 422 Appendix B. amendment to the constitution of the United States, in the words fol lowing, viz. " If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, or shall, without consent of Con gress, accept and retain any present, pension, office or emolument what ever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under thera or either of them." Therefore, Resolved, That the foregoing amendment, proposed hy Congress aforesaid, be, and the same is tiereby (on the part of this State) agreed to, ratifled and confirmed. Also, Resolved, That his excellency the Governor be requested to transmit copies of the foregoing resolution to the President of the Sen ate and Speaker of the House of Representatives of the United States, and to each of our Senators and Representatives in Congress, and to each of the Governors of the several States,' ' Adopted on motion of Charles Rich, yeas 184, nays none, — See As sembly Journal of 1811, pp, 50, 88, APPENDIX C. STATE-CAPITALS, AND STATE-HOUSES, Until 1701 there were no places flxed by statute for the meetings of the legislature, or, as in the act of 1791 it was phrased, no places of " residence of the legislature." Previous to the passage of that act, the legislature met at AVindsor in March and October 1778, February and AprO 1781, June 1782, February 1783, Ociober 1785, and October 1791; at Bennington in February 1779, October 1780, June 1781, January 1782, February 1784 and 1787, and January 1701; at Manchester October 1779,- 1782, and 1788; at AVestminster March 1780, Ociober 1783, and 1789; at Charlestown, N. PL, October 1781 ; at Rutland in October 1784 and 1786; at Norwich in June 1785; at Newbury iu October 1787, and at Castleton in October 1790. The Governor and Couucil also met in spe cial sessions at Bennington in June 1778, November 1779, July and Au gust 1780, and June 1790; at Arlington in April and December 1779, February, June and July 1780, March and April 1781, May 1782, and April, May and June 1783; at AVindsor in July 1779, March 1780, and May 1801; at Manchester in January 1780; at Shaftsbury in March 1782, and April 1784; at Rutland in August 1788, aud March 1799; aud at Fairhaven in March 1789.' Rutland and AVindSiOR State Capitals from 1791 until 1797. Nov. 1 1791, an act was passed declaring, in the preamble, that " great inconvenience and expence have arisen to this slate by reason of having no fixed place for holding the sessions of the legislature,"' aud that "no place near the center is sufficiently settied to accommodate the same:" and therefore designating Rutland for the session of 1792, and after that Windsor and Rutland alternately for the space of eight years; also pro viding that the then next adjourned session should be holden at AVind sor, and alter that alternately at Rutland and AA'indsor for the like space of eight years,' Accordingly the regular October sessions of 1792, 1794, ' Vermont Legislative Directory, 1876-1877, pp, 169, 170, ' See Vol. IV. p. 10, note 2, for the act in full; printed Assembly Jour nal of 1791, p. 34; and printed Acts of October Session of 1791, p. 19.— 424 Appendix 0. and 1796 were at Rutiand, and of 1793 and 1795 at Windsor. This cov ered five years only, instead of eight; and the only adjourned session was at Rutland in February 1797, instead of at AVindsor, as the act of 1791 provided it should be. This was caused by the repeal of the act of 1791 in 1790, Oct, 26 1795, the House passed a bill repealing the act of 1791, yeas 81 to nays 64, and sent it to the Governor and Council for concurrence; that body nonconcurred, whereupon the House again passed the bill and and sent it to the Governor and Council, when itwas suspended until the next session, Nov. 8, 1796, the House again passed the bill, yeas 71 to nays 65, and it becarae a law, as follows; An Act repealing an Act entitled " an act to establish the residence of the Legislature of tiie Stale of Vermont, for the term of eight years," passed November 1"' 1791. AVhereas said act is found to be inconvenient and expensive, therefore, It is hereby enacted by the General Assembly of the State of Verniout, that the act to establish the residence of the Legislature ofthe State for the term of eight years be and the same is hereby repealed. Passed Nov, 8,1796, AVhy it should be more inconvenient and expensive, other than at some place near the centre of the State, can be conjectured only. In fact, Rutland and AVindsor were subsequently selected as the places of the meeting of the Legislature, but not exclusive of other towns. The record of sessions, until the flnal permanent location at Montpelier, is as follows: at Rutland in February 1797 and Ociober 1804; at AVindsor in Oct. 1797 and 1799, and January 1804; 'at Vergennes in 1798, Middle bury iu 1800 and 1800, Newbury in 1801, Burliugton in 1802, AVestmin ster in 1803, Danville in 1805, and AVoodstock in 1807,1 Montpelier the State Capital subsequent to 1807, In General Assembly, Oct, 19, 1803, On raotion [of Jaraes Fisk, then of Barre.] Resolved, That a Coraraittee consisting of a member from each county be appointed, to joiu a com mittee from Council, to take into consideration the expediency of the measure of establishing a permanent seat ibr the legislature, and re port by bill or otherwise. Solomon AVright of Pownal, Samuel Porter of Dummerston, Samuel Shaw of Castleton, AVilliam Perry of Hartford, Araos Marsh of Ver- Tlie act of 1791 located the sessions at AVindsor and Rutland on condi tions that those towns should, " at their own expence, furnish good and sufficient houses for the reception of the legislature," &c. The records show that at Windsor a " meeting-house " was used, and at Rutland a '- state-house."— See Vol. iv, p, 03, note 1, The buUding at Rutiand still stands as a dwelling-house, 'See VoL iv, pp, 100, 102, 123; printed Assembly Journal of 17%, [ip- 152, 162, 168; printed Laws of Vermont of 1796, p, 49; and Vt. Legisla tive Directory, 1876-77, p. 170. ¦ . Appendix C. 425 gennes, Thomas Porter of Vershire, Udney Hay of Underhill, Reuben Blanchard of Peacham, Benjamin Holmes of Georgia, Samuel C. Crafts of Craftsburjr, and Daniel Dana of Guildhall were appointed the cora mittee on the part of the House, and Noah Chittenden of Jericho, Jaraes AVitherell of Fairhaven, Eliakim Spooner of AVealhersfleld, and Lieut. Gov. Brigham of Norwich were joined from Council, Nov, 7, the com mittee submitted the following report. To the honorable General Assembly now sitting. Your coraniittee, to whora was referred the resolution relative to a permanent seat of governraent. Report, That in their opinion tiiere ought to be appointed a comraittee, consisting of a member from each county, to be nominated by the several county conventions, as county officers are, for the purpose of examining and fixing upon the most proper place for a permanent seat of government, and to report at the next session of the legislature, I^aul Brigham for Committee. The representatives of each counly accordingly met in county con vention, with the following results : The committee norainated by the members of the several counties, in convention assembled, to report on the business of a perraanent scat'for the legislature, and the erection of a-wortv-house'— and appointed to that duty by the house, made report; that they had chosen, for the purpose of consulting on the business of establishing a permanent seat for the legislature, and for receiving proposals for the erection of a work-house, the following gentlemen: Counties. Permanent Seat Work-house. Bennington, Jonas Galusha, Solomon AVright, Windham, Arad Plunt, Arad Hunt, Rutland, Arunah AV, Hyde, Arunah AV, Hyde, Windsor, Benjarain Eiiimons, Alden Spooner, Addison, John S, Larrabee, Gamaliel Painter, Chittenden, Noah Chittenden, Thaddeus Tuttie, Orange, James Fisk, ¦ Josiah Dana, Ccdedonia, James AVhitelaw, John Cameron, Franklin, Stephen House, Benjarain Holmes, Orleans, Timothy Hinman, Samuel C, Crafts, Essex, Daniel Dana, Daniel Dana, Which choice was concurred in by the house, Nov. 12 1803, a bill entitled " an act appointing [the above named persons on a permanent seat] a coramittee to fix a place for a permanent seat for the legislature," vvas read, passed without a division, and was ordered sent to the Governor and Council for revision and concurrence or proposals of amendment; but the bill went over to the adjourned session as uiifinished business,' At the adjourned session, Jan, 26 1804, the Governor and Council returned the bill to the Plouse, with a recom- ^State prison, A comraittee of one from each county had been ap pointed on this subject, and of course it recoraraended and the Plouse ordered the committee above named, but nothing but this report, to that effect, has been discovered in the journal ofthe House, 'Printed Assembly Journal of 1803, pp, 60, 208, 253, 271, 426 Appendix C. mendation to refer its consideration to the next session of the General Assembly; and the Plouse concurred therein.' Oct. 22 1804, the bOl was called up and referred to a committee con sisting of AVilliam C. Plarrington of Burlington, Elihu Luce of Plartiand, and Daniel Chipman of Middlebury; who, on the 6th of November, re ported a new bill " appointing a conimittee to ascertain the most con venient place for a permanent seat of government;" which, on the 8lh, was referred to the next session.' Oct. 16 1805, the new bill was referred to a committee of one member from each counly, to wit : Edmund Graves of Sunderland, Lerauel AVhitney of Brattieboro, Nathaniel Chipraan of Tinmouth, Pascal P. Enos of AVindsor, Reuben Saxtou'of Salisbury, Jedediah P. Buckingham of Thetford, Nehemiah Perkins of Stowe, AVilliam Chamberlin of Peacham, John White jr, of Georgia, Samuel C, Crafts of Craftsbury, and Haines French of Maidstone, John AVhile of Georgia and Nathaniel Niles of AVest Fairlee were joined from Council, Oct, 26 this conimittee made the following report; The committee to whom was committed a biU referred from the last session of the legislature, entitied " An act appointing a committee to fix on a permanent seat fbr the legislature," made report, that they are unanimously agreed on the expediency of the measure of fixing a per manent seat, and that they have also agreed on the town of Montpelier, as being the most convenient place for the accommodation of the state at largiT, and therefore recoraniend to the legislature to appoint a cora mittee of three to draft a bill accordingly, AVhich report was read and ordered to lie on the table, Nov, 5, Lewis R. Morris of Springfield, John White jr, of Georgia, and Dudley Chase of Randolph were appointed a coraraittee to bring in a bill agreeable to the foregoing report, and on the 6th they reported a bill entitied " an act establishing the perraanent seat of the legislature at Montpelier," which was read and ordered to lie on the table. On the next day this bill was passed, without a division ofthe House, and Nov, 8 il was returned frora tho Governoi; and Council concurred in wilh pro posals of amendraent, which the House agreed to,' aud the bill became a law, as follows: ' Soo Vol, IV, p. 400; and printed Assembly Journal of January ses sion, 1804, p, 13. ' Printed Assembly Journal of October session of 1804, pp. 127, 305, 359. 'The aiiiondiiicnts are not stated on the journal of either house. These may have been merely verbal; but it is conjectured, from the com mittee's report, thai tho bill of the House embraced only the first and second sections of the act, and that the Governor and Council proposed the third section. Appendix C. 427 An Act establishing the permanent Seat of the Legislature at Mont pelier. Section 1. It is hereby enacted hy the General Assembly of'the State of Vermont, That Elijah Paine [of AVilliamstown,] Ezra Butler [of AVater- bury,] and Jaraes AVhitelaw [of Ryegate,] be, and they arc hereby appoint ed a coramittee to fix upon a place in the town of Montpelier, for the erec tion of buildings for the accommodation ofthe Legislature of this slate, and to prepare a plan for such buildings. Sec. 2. And it is hereby further enacted, That if the town of Mont pelier, or other individual persons, shall, before the flrst day of Septem ber, which will be in the year of our Lord oue thousand eight hundred and eight, erect such buildings on the place designated by the aforesaid cominiltee, to their acceptance, and shall compensate said committee for their services, and also convey to the State of Vermont, the properly of said buildings and the land whereon they shall sland, and lodge ttie deed of conveyance, duly executed, in the secretary of State's office, then, and in that case, said buildings shall becoine the permanent seat of the Legislature, for holding all their sessions. Sec, 3. Provided nevertheless, and it is hereby further enacted. That if any future Legislature shall cease to hold their sessions in said town of Montpelier, those persons, who shall erect said buildings, and convey the property of the same, aud of the land as aforesaid, shall be entitled to receive from the treasury of this state, the full value of the same, as it shall be, then, fairly appraised. Passed November 8, 1805, A true copy, Attest, David Wing Jun, Secretary.^ The first State-House at Montpelier— 1808 to 1836, A town raeeting ofthe freemen of Montpelier, legally warned for and held on the 25lh of Deceraber, 1808, Made choice of Thomas Davis, George B, R, Gove, and Ebene zer Morse, a Committee to receive subscriptions and donations for a State House, and to superintend the building of the sarae, at the ex- pence of the subscribers, the town in no sense to be liable either to pay ¦ior said buUding or to compensate the said Committee for their services. In town meeting, Sept, 24 1806: Voted to discharge George B, R. Gove frora serving as one of the State-House Comraittee at his own re quest, and made choice of D'- James PI, Bradford, Parley Davis Esq, and Capt, David Harrington, in addition to the former Commit tee to superintend the expenditures of subscriptions & donations for building said House,' The individual subscriptions received and expended by the committee amotinted to $6,138.88, the most of which was paid in produce, neat stock, materials, and labor; » but in the spring of 1808, it became abso- ' Printed Assembly Journal of 1805, pp. 36, 104, 161, 163, 173; ante, 95, 97; and printed Laws of Vermont, 1805, p, 215, ' Montpelier Town Records, Liber I, pp, 188, 228, ' State Capitol, 1867, p, 284.| 428 Appendix C. lutely necessary to have money, or its equivalent, for the purchase par ticularly of glass and nails, and to finish the house, when a town meet ing was warned for and held on the 12th of May, and the foUowing votes were agreed to: , Voted to excuse Janies II, Bradford from serving as a State House _ Committee at his own request, and made choice of Josiah AVing as a ' Committeeman to supply tiis place. Voted to raise a Tax of four cents on the dollar of the inhabitants of this Town on the list of 1807, two thirds part pay.able in Grain, butter, or cheese, at cash price, to the State-House Committee on or before the flrst day of October next, and one third in Specie or current bank bills, or Orders from said Committee, or Receipts or Orders frora Sylvanus Baldwin,' & payable by the first day of November next, said suras to [be] applied towards corapleting the State-PIouse under the direction of saitl State-House Committee.' The grand list of Montpelier in 1807 amounted to |23,569.91,= four per cent, of which was -$942.79.* Adding to ihe individual subscriptions and the tax, $2000, which was the estimated value of the land when it was deeded lo the State by Thomas Davis,' the cost of the house and out-building was $9,081.67; but "in addition to this sum there were many contributions never embraced in subscriptions, some of them large — gratuitous services, cost of collection, &c."° On the completion ofthe buUdings on the spot designated by the com mittee appointed by the act of 1805, Thomas Davis, the owner, con veyed the land on which the buUdings stood, and land adjoining, lo the Slate by the following deed; Know all men by these presents, that I, Thomas Davis, of Montpelier, in the Counly of Caledonia and State of Vermont, for a valuable consid eration to mc paid before the delivery hereof, and agreeably to an act ofthe General Asserably ofthe State of Vermont, passed attheir session holden at Danville, in the year of our Lord Christ eighteen hundred and five, eslablishiug the permanent seat of government fbr the State of Ver- ' The contractor for building the house, ' Montpelier Town Records, Liber I, p, 243. ' Printed Assembly Journal of 1807, p. 310. 'In proceeding to collect the tax, the constable soon met Samuel Rich, a sharp and substantial inn-keeper residing in the north part of the town, who refused to pay on the ground that the town had no au thority to raise money by lax to build a state-house. This legal point was well taken, and for a tirae alarming; but the Hon, Daniel Bald win, then a minor, vvas appointed to collect the tax, which was cheer fully paid by the people, Mr, Rich responding with the rest, Mr, Bald win was a brother of the contractor, worked on the house, and is the authority for this anecdote, ' State Capitol, 1867, p, 98, » The same, p,.284. Appendix C. 429 mont at Montpelier in said County, do give, grant, baroain sell alien and convey to the Stale of Vermont ascertain trkct o^rnd lyincl iu Montpelier aforesaid, being part of a tract of land known bytiie°de- scription of Colonel Jacob Davis' lower pilch, containing two acres bounded as fo lows to wit; beginning on the northerly side of the turn pike road leading from said Montpelier lo Burlington, so far westerlv of a large brick house lately built by said Thomas Davis that a line tiirn- ing northerly at rioht angle wilh said road will pass by said house one half rod westerly therefrom, thenco northerly on right angle wilh said lurnpiko road sixteen rods, thence westerly a parallel line with said Roatl twenty rods, tiience southerly on a right angle sixteen rods to said Iurnpike road, thence eastwardly on the northerly side of said road twenty rods to the place of beginning, together with the buildinos thereon, lately erected for the accommodation of the Leoislature of the Slate of Vermont: To have and to hold the said premises, wilh the ap purtenances tiiereof, to the said St.ate of Vermont, to their own proper use and benefit forever, and I, the said Thomas Davis, for inyself my heirs, do covenant wilh the said State of Vermont that until the deliv ering hereof I ara the lawful owner of said premises, that they are free frora all incumbrances, and that I will warrant aud defend the sarae against all lavvful clairas whatever. In witness whereof I hereunto set ray hand and seal this twenty-third day of August, in the year of our Lord Christ eighteen hundred and eight. Thomas Davis, [l, s.] Signed, sealed and delivered in presence of Ed-ward Lamb, George AVorthington, Cyrus AVare, State of Vermont, 7 Montpelier, August 23, 1S08, Caledonia County, ss, ) Then personally appeared Thomas Davis, signer ofthe aforesaid instruraent, and acknowledged the sarae lo be his voluntary act and deed. Before C, AVare, Justice ofthe Peace. Received August 24, 1808, for record; recorded, examined and com pared. Attest, Joseph AVing, Town Clerk.^ The flrst State-House at Montpelier was occupied by the Legislature on the 13th of October 1808, and continued to be the capitol until it was superseded in October 1836. Oct, 17 1808, the committee appointed by the act of 1805 submitted the following report: ^ Montpelier Land Records, Book III, p, 94, Thomas Davis was the second son of Col. Jacob Davis, the first permanent settier of Montpe lier, aud inherited the liberal spirit of his father in enterprises for the public good. He gave not only the land which the State occupied for ils capitol, and also subsequently the lot on which the county jail stands, but went far beyond the requirements of 1805 in providing accommoda tions for the officers and inembers of the Legislature and people having business before it. The " large brick house lately built by Thomas Da vis," referred to in the deed to the State, was the original Pavilion hotel, which was then the largest, most thoroughly constructed, and most ele- gantiy finished and furnished hotel in the' State. It was hardly ex celled indeed by any public house in Nevv England at that day, and equalled by but few. Mr. Davis died Dec. 17 1864, aged 95 years and 8 months. 430 Appendix C. The. committee appointed to designate the place, whereon the public buildings, for the accommodation of the legislature, should be erected in the town of Montpelier, presented to the house the follovving com munication; AVe whose names are hereunto subscribed, being a coraraittee ap pointed by the legislature of Vermont, in and by an act of said legisla ture, passed Nov. 8lh, 1805, to fix upon a place in the town of Mont pelier, for the erection of buildings for the accommodation of the legis lature, do hereby certify, that said buildings are erected and finished, on the place designated by said committee, to the acceptance and satisfac tion of said coramittee. Given under our hands at Montpelier, this first day of September, 1808. Elijah Paine, James AVhitelaw. The foregoing coramunication being read, was ordered to lie on the table.' The State-House, thus accepted, was well constructed, "of wood, flfty by seventy feet on the ground, thirty-six feet high [above the base ment] lo the roof, septangular shaped in front, but square on the sides and rear end,"' and surmounted by a belfry. The front was so shaped for the purpose of making a covered way to the vestibule of the hall of the House, a floor to each open gallery on the second and third stories in front, and winding stairs on either side of the vestibule to the inner gal lery of the House, and to the Council charaber. The hall of the House of Representatives was iu the northern part of the building, occupied the whole of the first floor except the vestibule, and was twenty-four feet in height, the third story and roof being supported by two tiers of columns, one tier on each side of the area through the center of the hall. Those columns were squared and cased, wilh bases rising to t'le top of the backs of the flrst and lowest row of seats, and handsorae cap itals. The seats were strongly constructed of pine planks, straight- backed, and each back covered with a plank wide enough to adrait of wriling upon it. Tli£ arrangement of speaker's and clerk's desks, seats for the Councillors in joint assembly, seats for the representatives, and the public gallery, was substantially as in each succeeding hall. In the center of the area in front of the speaker's and clerk's desks was a very large stove for warming the hall, and over it was suspended a chande lier consisting of hundreds of glass prisms, so arranged as to reflect the light of many candles to every part ofthe room. The Council chamber was in the southeastern part of the third story, and vvas furnished wilh a table and chairs for the flfteen members of the board, including the ' Printed Assembly Journal of 1808, p, 19, 'D, P, Thompson s History of Montpelier, p- 105, Mr. Thompson's authority is not known, Hon, Daniel Baldwin, who worked on the house, thinks the length was eighty feet, and the editor of this volume is ofthe same opinion. The length ofthe hall was considerably greater than its width, and eighty feet would be required for this and a suitable vestibule, such as is remembered. FIRST STATE HOUSE AT MONTPELIER. Appendix C. 431 Governor, Lieutenant Governor, and Secretary. A bar separated the Council from a part of the room to which spectators were admitted. In the rear of the Council chamber, and over the hall of tho House, was a large room called Jefferson Hall, which was used by canvassing commit tees and caucuses; and from this hall there was access to several smaller committee rooms. Deacon Sylvanus Baldwin, the constructor of the building, was a tiiorough builder, the work was well executed, and tiie building elegant for its day, and commodious for the uses required at that time and for many subsequent years, AVere not tiio dry pine benches &c., too strong teraptations for the gratification of the yankee propensity for whiltiing, the first state-house would have been good for half a century at least, "The truth is, this old house was literally luhit- tled out of use. The holes were too big for putty and paint, and too ugly to be agreeable. So a new house was indispensable, while, in all but the seats, the old was not half worn out." '¦ Several attenipts have been made to remove the State-House from Montpelier, the most important of which are here briefly noted. At the session of 1810, when the bill constituting a new county by the name of Jefferson [now Washington] was before the Plouse, Mr. Joel Pratt 2nd of Manchester offered the following amendment; Provided nevertheless, And it is hereby further enacted. That this act shall not take effect, nor said county of Jefferson be organized, nor any Supreme court hold any session therein, until the inhabitants of said county hereby created, shall pay to the inhabitants of said Montpelier, and other individuals, who assisted in building the state-house in said Montpelier, the full value of said state-house and the land on which it stands, so as to discharge the state from all liability to pay said value upon the legislature's ceasing to hold ils session at said Montpelier; and he free from all obligations to hold any future sessions at said Montpe lier, and be at liberty to hold their sessions in any part of this state which they shall think proper, without incurring aii^ expense to the state in any way, on account of said state-house, and the said inhabitants of said county, so soon as they shall have paid fbr said state-house as aforesaid, and shall have rendered the said Legislature free lo hold their sessions out from said Montpelier, without expense to this stale, shall be entitied to receive from this stale all the right and title this state has to said state-bouse and the land on which it stands. On the question, will the House adopt the amendment to the bill, the yeas were 66, and the nays 102, so the amendraent was rejected.' ^ A Description of ihe State Houses of Vermont, [1859,] p. 7. The completeness of Mr. Baldwin's work is indicated by an act of Novem ber 11 1808, appointing Col. James PI. Langdon of Montpelier sur veyor of the public buUdings, and appropriating not exceeding four hundred dollars for repairs, a bell, furniture, five maps of the State, painting the representatives' hall, and furnishing a suitable stove for the CouncU chamber. Printed Laws of ISOS, p. 169. ' ' Printed Assembly Journal of 1810, p. 129. 432 Appendix C. Nov. 3 1812, on motion of Titus Hutchinson of Woodstock, a com mittee of four members of the House, to join from Council, was ordered to inquire into the expediency of repealing the act of 1805, which made Montpelier the capital, and flxing upon sorae other place or places. Araos AV. Barnum of Vergennes, Janies D. Butler of Rutland, AVilliam Baxter of Brownington, and John Noyes of Brattleborough constituted the coramittee ofthe House, and Elias Keyes was joined from the Coun cU. On tho 4lh, the conimittee reported that the subject ought to be referred to the next session, which report was agreed to. On the 6th, on raotion of Henry Olin of Leicester, the following was adopted: AVhereas it is thought by many of the good people of this state, that it is not consistent wilh the best interest of this slate, that the seat of government should remain permanently fixed at Montpelier: and whereas it is represented that donations might be had, sufficient to pay the expense of erecting the slate-house, at Montpelier, provided the leg islature would hold their sessions alternately on each side of the moun tain — Therefore, Resolved, That one person in each of the counties of Eulland, Addi son, Chittendon, AVindsor, Orange, and Caledonia, be appointed, to re ceive such proposals as may be made relating lo the removal of the seat of government, and make their several reports to this general assembly, at their next October session. Ebenezer Langdon of Castleton, Amos AV. Barnum of Vergennes, Heman Allen of Colchester, Elisha Hotchkiss of Chelsea, Joseph AVins- low of AVindsor, and AVilliam Gaboon of Lyndon constituted the com mittee, the Governor and Council not having been asked to join.' Oct. 28 1813, the above named coraraittee reported as follows: Montpelier, Oct. 26, 1813. To the honorable legislature of Vermont now in session. — The cominiltee appointed by the honorable legislature, at their last session, to receive proposals from the inhabitants of the counties of Rutland, Addison, Chittenden, AVindsor, Orange and Caledonia, relating to the reraoval of the seat of government, report: That iu case the present legislature should think it for the interest and convenience of the s.tate, to remove the seat of government from the town of Montpelier, The inhabitants of the city of Vergennes, in the county of Addison, propose to furnish the state wilh a commodious house in said city of Vergennes, for holding their future sessions — furnished with as raany good stoves as may be necessary for their convenience and accoraraoda tion: and also to pay the treasurer of the state, within sixly days, or at such other time as may be required, a sum equal to one half the present value of the slate house, now erected in said Montpelier, and take a conveyance of the same with the appurtenances thereto belonging. The said inhabitants of Vergennes secondly propose, that in lieu of said proposition and conveyance, to pay the treasurer ofthe state the sura of two thousand dollars as atbresaid, and leave the disposal and benefit of said buildings and premises to the state. The inhabitants of AVindsor, in the county of AVindsor, propose to furnish a suitable building for the accoraraodation ofthe legislature, and 'Printed Assembly Journal of 1812, pp. 182, 183, 192, 201, 202. Appendix C. 433 also to pay to the treasurer of the state a sum equal to one half tho present value of the slate-house, at such time as niny be required; and take a conveyance of the same as aforesaid. The inhabitants of Burlington, in Chittendon counly, propose to fur nish the state with a suitable building for the accoinmodatiou of the leg- i«laturc— and also lo pay the treasurer of the slate a sum equal to one half of the present value of tho state-house in Montpelier, at sqch time as may be required; and lake a conveyance ofthe same as aforesaid. The foregoing propositions are made by the inhabitants ofthe city of Vergennes, and the towns of AVindsor and Burlington, on conditions that the legislature shall, at their present session, pass a law establisbing two of said towns as the permanent place fbr holding their future sessions, alternately, and those places only which are designated for the purpose aforesaid shall be holden to comply with the atbresaid proposals— and, should the said legislature hereafter think proper to remo-ve their ses sions from the aforesaid places, then and in that case it is expected and required, that the said slate shall refund the aforesaid suras of money paid by the said inhabitants frora the towns aforesaid. All which is humbly submitted, Amos \V. Barnum, for committee, AVhich was read and referred to a cominiltee consisting of a member from each county, Sylvester Deming of Arlington, Janies Shafter of Athens, Araos Thorapson of Poultney, Abel Barron of Hartford, Elisha Bascomb of Shoreham, Daniel Kimball of Bradford, Joel Brownson of Richraond, Bradford Kinney of Plainflcld, John Damon of Cabot, William Hamil ton of Berkshire, AVilliam Howe of Derby, Gains Kibbe of Minehead now Bloomfield, and Stephen Pettes of Alburgh vvere appointed the committee, and the report was made and disposed of on the 6tli of No vember, as follows; The committee consisting of a meraber from each county, to whom was referred the report of a committee appoinled at the last session, to receive propositions fbr the removal of the seat of governraent, made report, that they have taken into consideration the proposals from the towns of AVindsor, Burlington, and Vergennes, for altering the place of the future sessions of the legislature, and are of opinion that the remo val of the seat of governmeut from Montpelier, is inexpedient and im proper, AVhich report was read and accepted, and on the question ivill ihe hmise accept ihe report of ihe comfnittee ? the yeas and nays were taken, and were as follows, viz. Yeas, 121; Nays, 66.' At the session of 1824, Isaac N, Cushman of Hartland introduced a bUI establishing the permanent seat ofthe legislature at Burlington and AVindsor, which was read and referred, and subsequentiy reported, when Daniel Cobb of Strafford moved to dismiss the bill, which was agreed to, ' Printed Assembly Journal of 1813, pp, 77, 78, 79, 120, 127. The names of members have been oraitted; but as Lieut. Gov. Henry Olin introduced the resolution of 1812, for a committee to receive proposals, the facts should be stated that he voted for the acceptance of the above report against removal from Montpelier, and still again favored Mont pelier in 1824. 28 434 Appendix C. yeas 118, nays 49.' This bUl was debated by several of the ablest raen ofthe State of that day, as appears by the following account iu the Bel lows Falls Intelligencer of Dec. 6 1824: [Montpelier,] Saturday, Nov. 14 [1824.] The bill for removing the scat of Government from Montpelier to Burlington and AVindsor alternately, was read, when Mr. Cobb moved that the bUl be dismissed, and a humorous debate ensued. Messrs. Ev erett [Horace of AVindsor,] Haight [Stephen of Monkton,] Cushraan [Isaac N. of Hartland,] Adams [Charles of Burlington,] and Chase [Dudley of Randolph,] took part against the motion,, and Messrs, Oliu [Plenry of Ijeicester,] Filch [Lyman of Thetford,] Fletcher [Isaac of Lyndon,] Mattocks [John of Peacham,] Arnold [Samuel of London derry,] Rice [Amos of AVorcester,] Prentiss [Samuel of Montpelier,] Hutchinson [Titus of AVoodstock,] aud Bell [Jaines of AValden,] in favor of dismissing the bill. The question occupied the attention of the House the whole of the forenoon and was decided in favor of dismissing the bill, yeas 118, nays 49. The Second State House at Montpelier, 1836 to 1857, Oct, 21 1831, Rodney C. Royce of Rutland moved a resolution au thorizing the Coraraittee of AVays and Means to inquire into the expe diency of appointing commissioners lo receive proposals from the citi zens of Montpelier, Burliugton, AVoodstock, AVindsor, and Rutiand, for the erection of a new State-House, Middlebury and Randolph were added, and the resolulion was made the order of th-e day for the 24tb, when it was araended so that proposals might be received from every tovvn in the State, Milton Brown of AVorcester moved to dismiss, which was negatived, 99 to 81, and then tho resolution was agreed to, Nov, 2, the Coramitiee recommended the appointment of two coiiiiiiissionors; but on the 4lh, Rodney C, Royce moved a joint resolution authorizing the Governor to appoint four commissioners, which was adopted by the House, and nonconcurred in by the Governor and Council ou the 8tb, On tiic 9th, on motion of Udney Hay Penniman of Colchester, the House appointed, without asking the concurrence of the Governor and Council, Ezra Meech of Shelburne, Robert Temple of Rutland, Alien AVardner of Windsor, and Tiraothy Hubbard of Montpelier, " a corarait tee to receive proposals from. the inhabitants of the dift'erent towns in this slate for the erection of a new state-house, and make report to the next session of the legislature,"' Oct. 22 1832, Messrs. Temple, AVardner, and Hubbard, ofthe coramit tee, reported that a conimitlee ofthe cilizens of Burlington offered thir ty thousand dollars; on the 24lh Messrs, Hubbard and AVardner further 1 Printed Assembly Journal of 1824, pp, 117, 120, 182, ' Printed Assembly Journal of 1831, pp. 53, 06, 123, 139, 157, 109, Appendix C. 435 reported that a committee of the citizens of Montpelier offered ten thousand dollars, or one third part of the expense of building tiie pro posed house;' and on the sarao day Augustus Young of Craftsbury in troduced a bill authorizing the erection of a State-House at Montpelier, which was referred to a comrailtee of one raember from each counly, to wit, Mark Richards of AVestminster, Isaac N, Cushman of Hartland Harry Hale of Chelsea, John S, Robinson of Bennington, Rodney C Royce of Rutiand, Edward D, Barber of Middlebury, Timothy Follett of Burlington, Azel Spalding of Montpelier, Augustine Clarke of Dan ville, George C, AVest of Brownington, John Dewey of Guildhall, Thos, AValerman of Johnson, and Joel Alien of Nortii Hero, Oct, 30, Timo thy Follett of Burlington introduced a bill establishing the perraanent seat of tho Legislature at Burlington, which was referred to the same coraraittee, Nov. 2, on motion of Amasa Pride of AVaterbury, the com mittee was instructed to inquire into the expediency of locating the Stale-House at AVaterbury, on condition that the tovvn or individuals " will ill part be at the expense of creeling the house." Nov. 6, Azel Spalding of Montpelier introduced a bill " authorizing the building of a Slate-House at Montpelier," and on the same day the select committee reported a bill " for the purpose of erecting a Statc-IIouse, and perma nently locating fhe seat of Government," both of which were laid on the table. On the same day Mr. Young called up the bill of the coraraittee and other papers and proposals on the subject, and the House went into committee of the whole, AVyllys Lyman (then of Hartford, aftervvard of Burlington,) in the chair. Mr. Follett raoved to amend tiic bill by flx ing Burlington as the capital, which was supported by Messrs. Follett of Burlington, Rodney C. Royce of Rutiand, and GUes Harrington of Alburgh, and opposed by Isaac N. Cushman of Plartiand, and Seth Aus tin of Tunbridge. John Smith of St. Albans interposed a motion to postpone the bill to the next session, which was supported by Messrs. Alien AVardner of Windsor, Royce of Rutiand, Follett of Burlington, Ebenezer N. Briggs then of Salisbury, and Selah IL Merrill of Castle ton, and opposed by Messrs. Spalding of Montpelier, Samuel Arnold of Londonderry, Harry Hale of Chelsea, Augustine Clarke of Danville, Samuel Austin of Tunbridge, and Cushman of Plartiand, and negatived, 120 to 80, The question then recurred on tiie motion to make Burling ton tiic capital, which was supported by Mr, Follett of Burlington, op posed by Mr, Cushman of Plartiand, and negatived, 136 to 62, The committee then reported the bill without amendnient. This bill was then laid on the table, and the bUl of Mr, Spalding taken up, which located the capital at Montpelier,' Mr. Follett of Burlingtou then moved to ' Subsequentiy flxed at $15,000. ' This does not appear in the House journal, but in the newspaper re ports, and is conflrmed by the record of the laws of the session, which shows that Mr. Spalding's bill was passed. 436 Appendix C. postpone the bill to the next session, which motion was supported by Mr. Follett, opposed by Augustus Young of Craftsbury, and negatived, 111 to 92, "Tl-e discussion throughout was gentlemanly, and charac terized by much good feeling and candor," Mr, Spalding's bill was ordered to the third reading, 114 to 91; was passed on the IStii of No veraber, 115 to 83; and on the same day was concurred in by the Gover nor and Council, 10 to 2. ^ The act was as follows: An Act authorizing the building of a State-House at Montpelier, Sec, 1, It is hereby enacted by ihe General Assembly of the State of Vermont, that the sum of flfteen thousand dollars be, and the same is, hereby appropriated for the purpose of erecting a new State-House at Montpelier, and the treasurer ofthe State is hereby directed to pay said sum to the committee to be appointed as hereinafter provided, to super intend the building of said State-House, out of any money in the treas ury not otherwise appropriated. Provided, the inhabitants of Montpe lier, or any individuals, shall, before the flrst day of January in the year of our Lord one thousand eight hundred and thirty-three, give good and sufflcient security, tothe treasurer of this Stale, to pay iuto the treasury of this State the sum of fifteen thousand dollars; ono half of said sum to be paid in one year and the remainder in two years from the passage of this act; which said last mentioned sum shall also be paid to said comraillee and expended for the purpose aforesaid. Sec. 2, It is hereby further enacted, that it shall be the duty of the Governor of this Slate to appoint three suitable persons as a committee to fix upon a place in Montpelier for the erection of said State-House, and to prepare a plan for the same; and it shall be the duty of said com mittee to cleliver one copy of their proceedings, to,gelber with a plan of said State-House, to the Secretary of State, and one to the superintend ing coraraittee, on or before the first day of March, in the year of our Lord one thousand eight hundred and thirty-three. Sec, 3. It is hereby further enacted, that it shall be the duty of the Governor of this State also to appoint some suitable person or persons as a committee to superintend the erection of said State-House, agreea bly to the plan adopted by the committee aforesaid. Sec, 4. Itis hereby further enacted, that the superintending commit tee shall, before they enter upon the discharge of their duties, give good and sufflcient bonds to the treasurer of the Stale, in the sura of flfteen thousand dollars, fbr the faithful discharge of their duties. Passed Nov, 8, 1832,' The sum of flfteen thousand dollars, required of Montpelier by the foregoing act, was subscribed and paid into the State treasury under the following terms of subscription: In consideration that the Legislature of the State of Vermont wiU permanenUy establish the scat of Government at Montpelier, by erect ing a durable State-House, we, the undersigned, do hereby promise and agree to pay the Treasurer of said State, the several sums annexed to our names respectively, in the following manner, viz, one half within ' Printed Assembly Journal, of 1832, pp. 66, 74-5, 88, 93, 97, 108, 122-3, 125, 132, 137-140, 146, 160; Ms, Council Journal, Vol, 11, p, 499; State Journal, and also Vt, Patriot & State Gazette, of Nov, 12, 1832, • Printed Acts of 1832, p. 17. Appendix C. 437 one year and the remainder within two years from the passage of an act for the purpose aforesaid. The subscriptions secured by the committee of the citizens of Mont peUer amounted to eighteen thousand dollars, and the excess of three thousand dollars, beyond the sum required by the act, was paid for five acres of land deeded to the State " for the sole purpose of erecting State Buildings and a common for the use of thesarae and- the public, to have and to hold the" " described preraises with the appurtenances thereof, to the said State of Vermont for their own use and beneflt forever, for the use and object as above specified.'" There were other expenses incurred: in removing the Court House, which was borne by AVashing ton County, and in removing a new brick school-house and rebuUding it, costing six hundred dollars, which was paid by the school-district The sum paid, by citizens of Montpelier and the immediate vicinity, for the second State-House, was therefore eighteen thousand and six hun dred dollars, exclusive ofthe land deeded by Thomas Davis in 1808, and also of the sum paid by the County for the removal ofthe Court-House, Gov, Jenison appointed Samuel C. Crafts of Craftsbury, Allen AVardner of Windsor, and George T, Hodges of Rutiand, to be com missioners for the purpose of fixing the place in Montpelier for the erection of the State-House, and to prepare a plan of the same; and Lebbeus Edgerton of Randolph to be the superintendent of construc tion. The commissioners and superintendent, accompanied by archi tect Ammi B. Young, examined the State-Houses of New Hampshire, Massachusetts, and Connecticut, and then adopted the plan of Mr, Young, selected Barre granite for the exterior walls, prescribed copper fbr covering the dome and roof, and an interior finish so that tho esti mated cost would not exceed sixty thousand dollars, but recommended that the legislature adopt au improved finish which would increase the cost to eighty-four thousand dollars. The legislature made repeated appropriations for this purpose, amounting in all to $133,500, including the $15,000 paid into the treasury by the committee of citizens of Mont pelier, The balance of aiipropriations, over the amount expended by the Stale, was $1,422.27, making the cost of the buildings, grounds, fences, furniture, &c, $132,077.23, To this sum should be added $3,000 paid by cilizens of Montpelier for land and clearing the same, and at least $2,000 for the land deeded by Davis in 1808, that being the esti mated value in 1808— raaking the total actual cost $137,077,23, The work was commenced in the w-inter of 1833, and completed in the au tumn of 1838, P'rom 1833 to the autumn of 1836, Lebbeus Edgerton was the superintendent, and for the two scars succeeding, the duties of superintendent were assigned by the legislature to Ammi B, Young, who had been the architect from tho beginning,' • See Montpelier Land Records, Book 8, pp, 463 to 456, for the deeds. ' Ammi B. Young, born at Lebanon, N, II,, in 1797, won in this work high reputation for skill as an architect and constructor, and so com- 438 Appendix C. The following description, by Rev. Zadock Thompson of Burlington, was made on the authority of Mr. Young: The buUding stands on an elevated site, about 325 feet north of State street, on which it fronts, and is about 35 feet above the level of it. The entrance to the grounds, and principal approach to the house frora that street, is noble and coraraanding; the gateways, the fence, the grounds, and all their details are in keeping with the building and assist in giv ing to it that consideration it should have, as the capitol of a flourish ing, independent state. The building is very neat and simple in its de sign; a pure architectural character is preserved throughout; this, com bined with the convenience of interior arrangement, and the perma nency of its construction, renders it a structure of more merit than any other in Nevv England.' It is in form of a cross, shewing in front a centre 72 feet [and 8 inches] broad, ornamented with a projecting por tico of six columns, six feet in diameter, of the Grecian Doric order, wilh its proper entablature and pediment extending the whole width of the centre, and tvvo wings each 39 feet, making the whole length 150 feet. The centre is 100 feet deep, and the wings 50 feet deep. To the apex of the pediment of the portico in the centre is 44 [60] feet, nnd to tho top of the dome 100 feet from the ground. The wings are 36 feet high. The walls of the exterior arc of a beautiful colored granite, wliich shews the architectural details to great advantage, and the roof and dome are covered wilh copper. The interior is entered in front from the portico, through a door eight feet wide, into the entrance hall 32 by 38 feet, 14 feet high, the ceiling of which is supported by 0 Ionic columns, 18 inches in diameter; there is also an entrance from each end and rear of the building, communi cating wilh the entrance hall, by corridors of proper widlh. In the lower story are offices for the Secretary of State, the State Treasurer, the Auditor of Accounts, and the Engrossing Clerk, the tvvo first hav ing fire-proof safes attached to thera. There are also in this story eleven conimitlee rooms, and two rooms for furnaces to heat the halls, &c. in the principal story. To the riglit and left from the entrance haU two spacious stairways lead to two circular halls or landings in the sec ond or principal story. These halls are 20 feet in diameter and 20 feet high, with domical ceilings, communicate wilh the senate chamber and its gallery, the vestibule to the representatives' hall, the governor's room, the liU-ary, and several rooms for the officers of the senate &c.; and they also coraraunicate by stairways and galleries wilh the gallery to the representatives' hall and committee rooms in the attic. The ves tibule lo the representatives' hall is 18 by 30 feet and 18 feet high, and is square in plan. The representatives' liall is in form of the lelter D, is 57 by 07 feet and 31 feet high, with domical ceilings. The senate chamber is elliptical on tho plan, 30 by 44 feet and 22 I'eet high, with domical ceilings. The governor's room is square, 20 by 24 feet, IS feet high. The library is 18''by 30 feet, 18 feet high, wilh gallery and shelves capable of holding 10,000 volumes. All.lho above rooms are finished in a neat and appi-0]n-iale manner, the walls have an agreeable architect ural ordonnance of columns, pilasters, niches, autac, &c. and their ceU- niended himself by his probity and modesty as to win iufluential friends, through whom he speedily became known to the national government, and was eraployed by it iu the construction of public buUdings for many years. He died in the city of AVashington on the 13th of March 1874. ' Meaning in 1842. Appendix C. 439 ings are panneled in the siraple and iraposing style of Grecian architec ture. Frora the peculiar jirofile of the mouldings of the details of the ceilings, and the curves of tho .arches, tiie most beautiful gradations of light and shade are produced, from the brightest light to tho deepest shade, so combined as to give the greatest possible effect and beauty to the whole. The rooms arc all furnished in a neat and ajipropriate man ner, wilh their proper furniture. The repL-esenlalivos' hall has hard wood desks and scats for the raerabers, and the otficers tiieir proper desks and chairs. The governor's roora and senate chamber arc fur nished with black walnut tables and chairs: and everything is in perfect keeping throughout the house,' Jan. 0 1857, the second State-PIouse took flre from one ofthe furnaces under the floor of the Representatives' Hall, and from thence the flames ran quickly within the ceiling to the roof and dome. The weather was very cold, with a strong gale from the northwest, and these unfavorable coujlilions, together with the location of the flre, detied all efforts to save the interior of the building, " and all the contents except the Li brary, which was got out, and the books and papers in the safe of the Secretary of State's office, a few articles of furniture, and the portrait of Washington, was reduced to a heap of ruins," ' The exterior walls of granite, which were lined with brick, withstood the heat so well that the portico and outline of the walls of the entire building were well pre served; and being divested of the dome, which does not belong to the Doric order of architecture, the exceeding beauty of the portico aud centre building was raore clearly discernible than ever before. To pre serve a memorial of that beautiful house, the editor of this volume caused the same to be photographed and engraved on wood. The en graver faithfully copied the photograph in the wood-cut opposite to page 442, but lest those not familiar with the grounds raistake the apparent angle in the centre of the fence for a corner of the yard, it is necessary to state that the fence represented is really on a straight line, but as cends rising ground from the level part of the yard. The plate shows only a part of the grounds, not embracing any of the fence iraraediately in front of the buUding, Any person familiar with engravings of the ancient Grecian Doric teraples, such as the Parthenon at Athens,— that " purest and noblest monument of Greek art, which has ever been accepted as the most perfect raodel of this style "—the temple of Jupi ter at -iEgina, and of Neptune at Passtum, will at once recognize iu the portico of the State-House a perfect copy to the smallest detail, as in deed it was, of one of the best specimens of Grecian architecture, ' Thompson's Vermont, Part ii, pp, 131, 132. 'D. P. Thompson's History of Montpelier, p. 149. To this list of arti cles saved should be added the books and papers in the Treasurer's office and the marble bust of Judge Elijah Paine. 440 Appendix C, The Third State House at Montpelier — from Oct, 13, 1859, Jan, 26 1857, Gov. Fletcher issued a proclamation summoning the legislature to meet at Montpelier on the 18tli of the succeeding Febru ary, and it met accordingly. After patient consideration and full dis cussion, the Plouse, in committee of the whole, Feb, 20, by ballot, selected Montpelier as the capital, and on the 27th passed " an act to provide for rebuilding the State-PIouse," yeas 138, nays 80, and on the same day the Senate concurred, 18 to 11,' The act was as follows; An Act to provide for rebuilding the State-House, It is hereby enacted by the General Assembly ofthe State of Vermont, as follows: Sec, 1, The .sura of forty thousand dollars is hereby appropri ated for the purpose of rebuilding the State-House, and niaking such repairs and improvements in and around the same, and furnishing said House, as may be necessary; and the Treasurer is hereby direcied to pay said sum to the Comraittee to be appointed, as hereinafter provided, to superintend such work of rebuilding and repairing as aforesaid, out of any moneys in the treasury not otherwise appropriated. Provided, the inhabitants of Montpelier, or any individuals, shall, before the rising of this Legislature, give good and sufficient security to tbe Treasurer of this State, to pay into the treasury ofthe Stale a sura equal to the whole cost of the work mentioned in the flrst section of this act, one half of said sura to be jiaid in one year and the remainder in two years from the passage of this act, or on tho corapletion of the work. Sec, 2. It is hereby made the duty of the Governor to appoint three suitable persons as a Committee to prepare a plan according to which such rebuilding and repairs are to bo made. And it shall be tho duly of said Committee to deliver one copy of the plan so prepared by them to the Secretary of State, and one lo the superintending Comraillee, on or before the first day of April, A, D. 1857. Sec. 3, It is hen^by made the duly of the Governor to appoint some suitable person as a Committee to superintend the work mentioned iu the first section of this act, agreeably lo the plan adopted by llie Com mittee aforesaid. And sucii superintending CoiiiniiUee shall, belbre he enters upon the discharge of his duties, give good and sufficient bonds to tho Treasurer ofthe Slate, in the sum of twenty thousand dollars, for the faithful dischnrge of his duties. Sec. 4. This act shall take effect from its passage. Approved, February 27, 1857,' Under the second and third sections of the act, Gov, Fletcher ap pointed George P. Marsh of Burlington, Norman AVilliams of AVood stock, and John Porter of Hartford, a committee to prepare a plan for 'The ballots were as follows; Montpelier 110, Burlington 67, Rutland 35, Bellows Falls 8, Middlebury 1, and Nortiifield 1— majority for Mont pelier 4.— T^i. Capitol, 1857, pp, 77, 253, 271; and Journals of ihe Senate and House. The volume entitled Veimoni Capitol, 1857, contains the proceedings and speeches in both Houses, the most important of the speeches having been either written or revised by the speakers. » Printed Acts of 1857, p. 171. Appendix C. 441 rebuUding and repairs; and Thomas E. Powers of AVoodstock a Com mittee to superintend the work. Thomas AV. Silloway of Boston was employed as architect until the autumn of 1857, when Joseph R, Rich ards of Boston succeeded him and was employed until the buildings were ready for use, Feb. 27 1857, Elisha P. Jewett, George AV. CoUamer, and Erastus Hubbard, citizens of Montpelier, executed a bond in the sura of one hundred thousand dollars, as required by the first section of the act ap proved on that day. The Comrailtee to prepare a plan acted so promptly that on the 25th of the succeeding March, Superintendent Powers issued proposals for contracts, which were speedily made, and the work was so steadily and successfully pressed, that the present much enlarged and improved State-House was completed for use on the 13th of Octo ber 1859, The cost of rebuilding and furnishing to Oct, 22 1860, was 1140,996,03.' Subsequently there was paid, under special ads, $6,400 to Superintendent Powers, and $2,000 lo Larkin G. Mead for the statue of Ethan Alien— making the total cost $148,396.63. Of this sum, the State received $42,220.72 from cilizens of Montpelier, and the balance of the total cost was paid by tne State. Cilizens of Montpelier subscribed for rebuilding the house, in May 1868, $10,000, which sum was paid to the State Treasurer; aud in December 1868 they subscribed the further sum of $62,795 for the same purpose, making the total subscription $02,795. The subscribers on the December list gave notes for their respective subscriptions, which were deposited in the Bank of Montpelier, and the Vermont Bank, as security for advances by the banks to the State, and the total amount actually paid by citizens of Montpelier on the last sub scription, for advances to the Slate and interest thereon, was $34,440.82, — making thoir actual contribution, in tiie two subscriptions, .$44,440.82, exclusive of interest on the first $10,000 advanced.' The estimated cost of rebuilding, when the act of February 1857 w.-is passed, was $45,785. The sum actually paid by Montpelier having approximated nearly to the estimale made when the bond was exacted of her cilizens, tho legisla ture, at the October session of 1859, assumed the payment of whatovor was then due for the cnLargoiiient and furnishing of the Slato-llousc, and made an appropriation lor that purpose.' The third and present State-House iu Montpelier is in the yard and occupies the site of the second house, aud is of the same order of arch itecture — the portico, which is the most beautiful part of Ihe exterior, being precisely tho same. The liingth of the central building is, how ever, thirteen feet eight inches greater than that of the second house, and each of the wings were lengthened twelve feet six inches, thus ad- ' Vermont House Journal for 1800, p. 382. 'From the subscription papers and accounts of the banks. " Vermont Capitol, p. 103; and Laws o/1859, p. 6. 442 Appendix O. ding about one fourtli to the commodiousnoss of the building with out detracting from its beauty. There were other changes in the roof to each wing, and in the dome, which will sufflcientiy appear on com paring the engravings of the tvvo buildings. Still greater changes were made in the interior, specially in construction to guard against fire, the apparatus for heating and lighting, and the furniture. As the building remains, and is likely to reraain as long as it shall be required, a detailed description here is deeraed unnecessary.' It is right to declare here, however, that at an expenditure far less than that of raany other States for the same purpose, Vermont has a capitol which, for beauty of architec ture, solidity of construction, and adaptation to the purposes of legisla tion, will bear comparison with any ofthe iiiuch more costly pUes which have since been erected elsewhere for the same purposes. ' For details see A Description of the State-Houses of Vermont, printed in 1859; and the Vermont Watchman & State Journal of Oct. 21 1859. .: • f . THIRD AND PRESENT STATE HOUSE AT MONTPELIER. THE SECOND STATE HOUSE AT MONTPELIER, AFTER THE FIRE. APPENDIX D THE VERMONT STATE BANK— 1800. ' Established in 1800— ceased issuing Bills in 1812. Except the issue by the State of bUls of credit in 1781, to the amount of £25,155,' the issue of no paper raoney was authorized by Verraont until 1800, when au act was passed establishing tiie Vermont State Bank. The inconveniences and losses to the people of the Stale, by reason of a want both of specie and good paper, and an abundance of counterfeit money of both sorts, had been very great. ImpeUed by their necessities, a portion of the people petitioned the legislature for relief in 1786, and in response various measures were submitted to a vote of the people, and among them one was as to the issue of paper money, which was negatived by a vote of 2197 to 456.— See Vol. iii, pp. 364-366, 371. This vote was small in proportion to the population of tho State, but nevertheless it proved that a very large majority of the people were doubtful as lo the expediency of incorporating banks, and no attempt vvas raade until 1803, vvhen the Plouse passed bills for two banks, ono at AVindsor and one at Burlington, evidently aiming to accommodate the people ou each side of the Green Mountains, and doubtiess succeeding only by a combination of the friends of each ofthe proposed banks. Tho niajority in the House was small, the vote being 93 to 83 on the Wind sor bill,' while the Council non-concurred by a vote of 12 to 1, and as signed weighty reasons therefor'. AA''hen the reasons of the CouncU had been read, on motion of Lewis R. Morris the clerk was directed to enter them on the journal of the House, and both bills were referred to the next session.* No definite action was had in 1804, but in 1805 the Plouse 'These bills were faithfully redeemed. See Vol. iii, pp. 381-383. 'Printed Assembly Journal of 1803, p, 173, 'See Vol. Ill, pp- 389-391, for vote and reasons. ^Printed Assembly Journal of 1803, pp. 234-5. 444 Appendix B. again passed the Windsor bill, 108 to 70, and the Burlington bill 107 to 78; and the Governor and Council again non-concurred and assigned reasons therefor.' In the meantime Elihu Luce of Plartiand had intro duced into the House a bill for the establishment of a State Bank, which had been referred to the comraittee on banks, and after the non-concur rence in the AVindsor and Burlington bank bUls, this committee re porled as follows: The coramittee on banks, to whom was committed a bill entitled An act establishing a state bank, made report— that altiiough the bill seems to be wholly inadequate to the object proposed, it is nevertheless expedi ent that the general asserably should go into such a consideration ofthe subject as shall lead to a thorough investigation ofits principles, practi^ cability aud policy. AVhich report was read and accepted; and on motion, the bill and re port were referred to a committee of five, to join a conimittee from the Council, lo report a bill on the subject. Members chosen, Messrs. AVhite [John jr. of Georgia,] Crafts [Samuel C. of Craftsbury,] Chase . [Dudley- of Randolph,] Porter [Sarauel of Dumraerston,] and BuUock [Darius of Halifax.]' At tbe session of 1806 sundry petitions for the incorporation of banks were presented, and two propositions favorable to banks: one by Hon. Daniel Buck of Norwich, "that it is expedient to incorporate a bank within this State" in which "the slate should be stockholders to a cer tain araount," which vvas disagreed to; and the other by PIon. Dudley Chase of Randolph, "that it is the sense of this house that the establish raent of private banks within this slate, the slate reserving in such bank the right of filling up any number of shares, or at any time to assume the whole stock, will be useful to the people of this state,'' which was rejected by a vole of 93 to 91. Subsequently, Hon. Titus Hutchinson of AVoodstock introduced a bill establishing a slate bank, and on the 5lh of Noveraber Woodstock and Burlington were selected as the locations of a bank wilh tvvo branches, and the bill was passed, 128 to 41. Nov. 6, this bill was referred in Council to Lt. Gov. Paul Brigham, John AVhite, and Nathaniel Niles, who reporled on the 8lh, and the bill was passed in concurrence with araendments — yeas 10, nays 2. The two houses agreed as to araendments, ono of which located a branch at Middlebury instead of Burliugton, and the bill became a law, as follows:' An Act establishing a State Bank, Sec 1. It is hereby enacted by the General Assembly of the State of Vermont, That there be, and hereby is established a bank, to he called and known by the name of The Vermont State Bank, lo consist of tvvo 'Printed Assembly Journal of 1805. pp. 90, 110; and for reasons of Council see ante, p. 81. 'Same, pp. 48, 137. No report of this committee has been found. 'Printed Assembly Journal of 1800, pp. 110, 111, 186, 200, 220; and ante, p, 140, 142-3, Appendix B. 445 branches, the one at Woodstock, in the county of Windsor, and the other at Middlebury, in tho county of .ylc7cZi'so)), and such other branches as tiie legislature of this state shall, from lime to time, direct and establish. And all the stock iu said bank, and all the profits arising therefrom, shall be the property of this slate; and be under the sole direction and disposal ofthe legislature of this stale forever. Sec. 2. And it is hereby further enacted. That there shall be chosen annually, by ballot, by both branches ofthe legislature, in joint comrait tee, thirteen suitable persons to be directors of said bank, who shall have power, when convened, to choose from among themselves ono person lo tic president of said bank, who shall have and exorcise all the power proper and necessary for a President of a bank. And the President and Directors of said bank, for the time being, and thoir successors forever, shall have power, by the name and stile of The President and Directors ofthe Vermont State Bank, to prosecute, for the benefit of this stale, any action or suit, upon any contract, or fbr any cause which shall concern the said bank. And the said directors shall reside, six in the two east ern, and six in the two western districts of this state,' and the other where prudence may dictate. And thoy shall be commissioned by the Governor of this Slate annually. And' a ra.njorily of thera shall be a quorum to transact any business incumbent on thera as directors of said bank. Sec, 3. And it is hereby further enacted. That the directors whore- side in said eastern districts shall be the directors of the branch estab lished at said Woodstock, and the remainder thereof shall be the directors ofthe branch established at said Middlebury. And four ofthe directors of each branch shall be a quorum lo act upon those matters which concern such branch only. Provided, That the President of said bank shall have a right to set [sit] equally, as one of the directors of each branch. Sec. 4. And it is hereby further enacted, Tbat the raajority of all said directors, vvhen met, shall also have power to appoint a cashier to each of said branches, also a clerk if necessary. And to make and establish such rules, wilh regard to the days and hours vvhen said bank shall be open to transact business; and with regard to any other matter, for the well ordering of said bank, as they shall deem proper, and not repug nant to the Constitution, or any lavv of this state. Sec. 6. And it is hereby further enacted, That the directors of each branch of said bank shall have discretionary poweB to borrow money frora lime to time, to fill the vaults of such branch, on the credit of sucti branch only. Provided, however, that they shall not give a greater in terest than at the rale of six per cent, per annura. Sec. 0. And it is hereby further enacted. That all bank bills issued by said bank shall be signed iiy the president thereof, and countersigned by the cashier of the branch at which said bills respectively shall tie paya ble. And the directors of either branch shall not, at any time, issue or put in circulation bills to a greater amount than the actual sum of the deposit of silver, gold, and copper coins, in the vault of such branch, until the deposit shall amount to twenty-flve thousand dollars; after which they may put in circulation bills to three times the amount of such deposit. Provided, said deposit shall not at any time exceed ihree hundred thousand dollars. Sec, 7, And it is hereby further enacted. That there be, and hereby is appropriated a sum not exceeding five hundred dollars, which the Treas urer of this state is hereby directed to pay to said directors, ibr the pur pose of procuring plates and paper, necessary for the use of said bank, ' Meaning Congressional districts. 446 Appendix D. in issuing bills as aforesaid. And after the same shall be procured, as aforesaid, the legislature may, from time to time, appropriate any monies, or sums of raoney, as they shall see flt, to fill the vaults of said branches of said bank, or of any other branches thereof, which said legislature may hereafter establish. Sec, 8, And it is hereby further enacted. That each director of said bank shall, before he enters ujion the duties of his offlce, give a bond, wilh four or more sureties, freeholders within this state, to the treasurer of this state, in the sum of thirty thousand dollars, for the faithful dis charge of the duties of his office. And in like manner, each casliiev, and clerk, of said bank, shall, before he enters on the duties of his office, give bonds to the treasurer of this state, in such sum, and wilh such sureties, as the directors appointing hini shall from tirae to time require, having respect lo the araount of stock in the vaults. Sec. 9. And it is hereby further enacted. That each and every officer of said bank shall, before he enters upon the duties of his office, be sworn to the faithful performance of the duties of his offlce. And the Di rectors and other officers of said bank shall receive for their services, respectively, such sum as the legislature shall froin time to time direct; and not ia whole exceeding the whole profits of said bank for the first year, nor one half of said profits for any succeeding year. Sec. 10. And it is hereby further enacted. That the President and Di rectors of said bank shall have full power to purchase, hold, and dispose of any property, real or personal, as the banking interest of this slate shall dictate, and for the use of this state only. And a deed, signed, sealed and acknowledged, by a niajority of all the said directors, and wilnesscd by tvvo witnesses, and recorded in the proper office, shall be good to convoy any real estate, accruing to this state, by means of said bank. Sec, 11, And it is hereby further enacted. That the Directors of said bank shall, annually-, report lo the general assembly the situation of said bank, including the amount of the deposits, aud of bills in circulation, on the flrst day of Septeniber next preceding. And the legislature raay annually, if they Ihinlc jiropcr, appoint a committee not exceeding three in number, whose duty it shall be to inspect the situation of each branch of said bank, including the amount of deposits, and of the bills in circu lation, and of all proceedings at each branch of said bank, and make report to the IcgLslgture, Passed November lOlh, 1806, A true copy, Attest, Thomas Leverett, Secretary.'- Nov. 10 1800, the flrst Directors of the bank were elected, to wit, Da vid Robinson of Bennington, Apollos Austin of Orwell, Horatio Sey mour, Daniel Chipman, and John AVillard of Middlebury, AViUiara C. Ilarrington of Burlington, John Mattocks of Peacham, James Tarbox of Randolph, Titus Hutchinson and Benjamin Swan of AVoodstock, Elias Lyman of Hartford, Alexander Carapbell of Rockinghara, and Mark Richards of AVestminster. This list embraced men of wealth, most of whom were well tried and successful in business, and all having the confidence of the people of the State. The bank was organized with Titus Hutchinson as President; Job Lyraan cashier and Charles Dana clerk of the Woodstock branch, AViUiara G. Hooker cashier and Adoni jah Schuyler clerk of the Middlebury branch; aud began to issue biUs ' Printed Laws of Vermont of 1800, p. 104. Appendix D. 447 on the 23d of February 1807. The flrst report showed expenses ad justed $1570.35, unadjusted $730, and contingent expenses $350; tiiere was allowed by tbe legislature, for compensation of offlcers, the further sum of $1881— making the total of expenses to Sept, 30 1807, $4531,36, ¦ Of this sum $600 had been paid by the State, leaving the sura of expen ses to the bank $4031,35, The income ofthe bank by interest on loans, was ,$2753.27; and debts due $139,757.23. They closed theif report as follows; The obstacles which were inseparable from an institution established on principles hitherto unattempted in the banking systera, have been happily surmounted, and the practicability of those principles cstab- listied. The high credit and extensive circulation of our bills, we trust are sufficient to inspire the public confldence, and to ensure a continu ance of their patronage. Under the fostering care of tbe Legislature, we are induced to believe that this institution may become highly indu- cive to the convenience of the cilizens, and a productive source of rev enue to the Stale,' v The Legislature of 1807 passed " an act in addition to an act cstabli?h- , ,ing the Vermont Slate Bank,'' in which the most iraportant features were, a direction to the State Treasurer to deposit all the revenues of the Slate in the bank; and a provision subjecting the president and directors to be sued for any breach of conti-act, and directing the court rendering judgment to draw an order on the State Treasurer for the amount of the judgraent. Another act established tvvo additional branches, which were located at Burlington and AVestminster; another making the bills of the bank receivable for a State Tax of one cent on each acre of taxable land in the State ; and another prohibiting tho bringing into tho State any foreign bank bills for the purpose of loaning the sarae, forfeiting the same, and declaring void all contracts made for or on account of such bills.' The additional branches raade a redistribu tion of the directors necessary, and Oliver Chapin of Brattloborouob, Noah Chittenden of Jericho, and John Curtis of St. Albans wore elected instead of David Robinson, Apollos Austin, and Benjamin Swan.' The succeeding directors were as follows: 1808, the list of the preceding year except Ebenezer T. Englesby of Burlington in place of Mr. Cur tis, and Benjamin Swan of AVoodstock in place of Mr, Mattocks; 1809, the same except Eleazer May of AVestminster in place of Mr, Carap bell, and Salmon Dutton jr. of Cavendish in place'of Mr, Chapin; 1810, the same except Truman Chittenden of AVillislon in place of Noah Chit tenden, and John Peck of AVaterbury in place of Mr. Englesby; aud 1811, the same except Pliny Smith of Orwell in place of Mr. Chipman, and Charles Rich of Shoreham in place of Mr. AVillard. In 1812 the nura ber was reduced to four, and in 1813 to three, whose functions were to ^ Printed Assembly Journal of 1806, p. 228, and of 1807, p. 138. 'Printed Laivs of 1807, pp. 108, 152, 153, 187, 190, ' Printed Assembly Journal of 1807, p, 273, 448 Appendix D. close the business of the bank, collect the debts due to it, and take care of the property. Ultimately the sale of lands recovered on tiio debts was committed to a single agent, and the closing of the bank after 1812 occupied about twenty-five years. The bank had difflcullics to contend with, in losses by the failure of banks in neighboring States, and the hostile legislation of at least one State;' and much more in the failure ofits customers. The period from the commencoraont of the bank to ils close was disastrous, cmbi-acing the embargo and non-intercourse acts, and the war of 1812, so it is a mailer of surprise that a scheme, which was confessedly a novelty, was not seriously disastrous. To the people it was a beneflt, in that it fur nished a safer currency than the paper of private banks. This was due flrst to liberal legislation for tbe protection of the bank, and finally to prompt and vigorous measures to put an end to the experiment. Of the legislation to sustain the bank, subsequent to that already noted, were acts from 1809 unlil 1812, niaking the bUls of the bank receivable for land taxes, and by the act of 1812 for slate taxes also. In 1809, sum mary collection of debts due to the bank was authorized, the cashiers' being empowered to issue an extent which had all the force of an ex ecution, for the payment of any note three days past due,' In 1810, the bank was restrained frora issuing bills to an araount exceeding twice the specie in bank, and from making any one loan exceeding $1000; a list of debtors in arrear was to be reporled to the legislature; and if in ar rear for eight months, the names were to be printed in some newspaper. The President of the bank was also required to inspect each branch annually, and in case of any misraanagenient, he was to report the fact to the State Treasurer, who was to put the bond of the delinquent in suit;' and in 1811, .all state and county officers were prohibited from re ceiving the bills of any private banks in the United States,* In 1808, less than a year after the branch at AVestminster had been put in operation, serious coraplaints concerning it were made to the Legislature, and not without reasons, as the report of an investigation sliovvs,'^ In 1811, Samuel C, Crafts of Craftsbury, Elihu Luce of Hart land, and Robert Temple of Castleton were appointed a coramittee wilh full powers to examine the several branches previous to Dec, 1 1811, and again previous to Oct, 1 1812; to remove the AVestminster branch to AVoodstock, to be managed by the offlcers of that branch; and to put in suit the bonds of any of the officers of either branch. By the same act, no loans were to be made, or bills put in circulation, exceeding in ¦'See ante, p, 401; and printed Asseiiibly Journal of 1810, pp, 145-147, ' Printed Laws of 1809, p, 119. ' Printed Laws of 1810, pp, 100, 158, * Printed Laws of 1811, p. 114, 'For the report see printed Assembly Journal of 1808, p, 157. Appendix D. 449 amount double the sum of specie in bank; and the directors of the sev eral branches were directed to press an indiscriminate collection of debts due.^ Feb. 28 1812, the committee ordered the removal of the Westminster branch to Woodstock; and at the October session made a detailed report, indicating a probable faUure of the Middlebury branch to redeem its bills and checks, but the probabUity that the profits ofthe other branches would more than make up the deficiency and leave a balance in favor ofthe State. The committee also reported that Daniel Chipman, John Willard, and Horatio Seymour, directors of the Middle bury branch, had forfeited their bonds, and also that these directors and the committee had agreed to refer that matter to the decision of a board to be appointed by the Legislature.' This report resulted in the follow ing act to close the business of the bank. An Act in addition io an Act establishing a State Bank. Sec. 1. It is hereby enacted by the General Assembly of ihe State of Vermont, That instead of the thirteen Directors of the Vermont State Bank heretofore directed to be chosen by the act to which this is in ad dition, there shall be chosen by ballot, by both branches of the Leo-isla ture, in joint committee, at their present session, frora [four] suitable persons to be directors of said bank, who shall have all the powers which the directors of said Bank now have by law, and raay choose a President out oftheir own nnmher, —Provided, 'That no bills shall be issued from said bank by way of loan, until further order ofthe legislature.' Sec. 2. And it is hereby further enacted. That the coramittee [Samuel C. Crafts, Elihu Luce, and Robert Temple,] appointed by the Act ofthe last session of this legislature, entitled an Act in addition to the several Acts establishing and regulating the State Bank, are further empow ered and hereby directed to remove the two branches of said Bank at Burlington and Middlebury, to the Bank at Woodstock, in the same manner and with the same power as the said committee were empowered and directed to remove the branch of said Bank at AVestminster, to the Bank at Woodstock, by the act last mentioned.— And it shall 'be the duty of said committee, together with some one or more ofthe directors of said Bank to burn all the bills ofthe Vermont State Bank, in the sev eral branches of said Bank, except what may be necessary to pay the checks due frora said Bank. Sec. 3. And it is hereby further enacted. That the President and Di rectors of the Vermont State Bank be and hereby are directed, with all due diligence, to collect in the most safe and speedy manner, all debts due to said Bank, and to sell the property belonging to said Bank and to use all proper endeavors to close the concerns of said Bank, as soon as in their opinion the same can be done with advantaoe to this State. Sec. 4. And it is hereby further enacted. That if any person holding any bills of said Bank, shall present the same to the Treasurer of this State, and shall elect so to exchange the sarae, the said Treasurer stiall issue to such person, in lieu thereof. State notes, to be signed by the said Treasurer, for the amount of such bills, payable to such person -or i Printed Laws of 1811, p. 114. ' Printed Assembly Journal of 1812, pp. 62-96. 'No order was ever given. 29 450 Appendix B. bearer, the one half in one year, and the other half in two years, with interest at the rate of six per cent, per annum. And if any pei'son or persons, having any demand upon the Treasurer of this [State,] shall elect to receive such notes for the same, it shall be the duty of the Treasurer to issue to such person or persons. State notes, ofthe descrip tion aforesaid, to the amount of the sum due to such person or persons. Sec, 5, And it is hereby further enacted. That the Bills of said Bank shall be received in payment of all demands due to any branch of said Bank, Passed November 9lh, 1812, A true copy. Attest, Thomas Leverett, Secretary,' The committee discharged the duties imposed by the second sec tion of the foregoing act, and at the next session reported that they had removed the Burlington branch Deccember 14 1812, and the Mid dlebury branch June 4 1813 ; and further, that having prosecuted the directors and other officers of the Middlebury branch, before the judges ofthe supreme court, who had been appointed commissioners for that purpose by act of Nov. 4 1812, they had obtained judgment in favor of the State and taken out au execution for the sura of $22,826.13.' They further reported as to the bills ofthe bank as follows: Branches, Bills signed. Bills destroyed. Not destroyed, Burli-ngton $166,506.25 $154,861.00 $11,654.26 Middlebury 295,313.25 252.019.25 43,294.00 Westminster 200,773.00 191J14.00 9,059.00 Woodstock 234,280.50 228,159.50 6,121.00 Total $896,872.00 $826,743.75 $70,128.25 Of the bills not destroyed, $3,606 were in bank, leaving $66,552.25 as the amount unredeemed, of which $38,141 were in the control of the State Treasurer and deposited by him in the 'oank,' The annual reports of the condition of the bank, printed in the jour nals of the Assembly, were made in forms so different as not to admit of tabulation, but the amount of bills in circulation indicates the busi ness of the bank, to wit: 1808, $548,305.75 I 1810, $211,835.00 1809, 404,699.50 | 1811, 94,932.50 In 1812, the whole araount unredeemed, embracing bills in bank, state treasury, aud in circulation, w-as $74,301.75; 1813, $06,522.25, of which $38,141 were in the state treasury; 1814, $58,680, of which $42,- 555.25 were in the state treasury; and from year to year the redemp tions proceeded until all the bills presented for paynient were redeemed, 'Printed Laws of 1812, p, 211, ' The execution was against the three directors, Chipman, Seymour, and WUlard; who, by an act of Nov, 17 1813, were relieved from aU bul the sum of $1238,84, 'Printed Assembly' Journal of 1813, pp, 56-59, Appendix B, 451 Zadock Thompson stated that " the loss to individuals in consequence of the failure of the institution was trifling, but the loss to the state was very considerable,'" The editor of this volume is not apprised of any statement of the actual loss to the State, and frora all that does appear in the reports, is ofthe opinion that the loss, whatever it raay have been, was more than compensated in furnishicg to the people a currency which was altogether superior to that which they would otherwise have had. They at least suffered very little in the depreciation ofthe bills of the State bank, and but for the intervention of speculators, would not have suffered at all, whereas, by the failures of private banks and bank ers in the adjoining States, their losses were considerable. The State Bank was succeeded by private banks frora 1818 unlil the advent of the national banks, and with rare exceptions these were ac- cep'tablc to the people and profltable fo the stockholders— results due not only to the prudence and integrity of their raanagers, but for many years, by reason of a requisition of the State that their bills should be redeemed in Boston, thus giving to them a credit equal to that of the best banks in New England. ' Thompson's Vermont, Part ii, p. 137. APPENDIX E. NORTHERN BOUNDARY LINE OF VERMONT. In the executive speech of 1804, Gov. Tichenor invited the attention ofthe legislature to the boundary line between Vermont and Canada, stating that some ofthe inhabitants residing on the line were apprehen sive that the boundary was not clearly deflned, and that it was not dis- tinctiy known where the line ran, ' These apprehensions were due, in part at least, to the statement of Williani Coit of Burlington, in 1796, on the authority of deputy surveyor Collins of the province of Canada, that the line verged south of the true forty-flfth degree of north latitude, and thus embraced within the jurisdiction of Canada a considerable tract of land which rightfully belonged to Vermont,' In consequence of the representations made to hira, Gov, Tichenor addressed Gen, Phifip Schuyler, who had been one of the commissioners of New York in 1766 for the purpose of ascertaining where the parallel of forty-flve degrees of north latitude intersected Lake Champlain; and in reply tbe General wrote the following: General Philip Schuyler to Gov. Tichenor. Albany, October 5, 1804, Sir, — The letter which your Excellency did me the honor to write, was delivered me yesterday. The boundary line between Canada and the late colony of New York, and the then eastern colonies, was estab lished by the present King of Great Britain [George the third,] in Coun cil, I think, in October 1763, and comraunicated to the then Governors of Canada and New York respectively. These gentlemen agreed to meet at Isle-la-Motte, on Lake Champlain, on a flxed day in the month of September 1766, accompanied with proper persons to ascertain where the parallel of forty-flve degrees of north latitude would intersect that Lake, Accordingly Governor Sir Henry Moore, attended by Mr, Har per, then Professor of Mathematics in the college at New-York, and myself ; on the part of Canada, Lieutenant Governor Ervin, then commanding the civil department of that province, attended by Mr, Collins, the Surveyor-General thereof, and the Marquis de Laboneer, a French or Canadian Engineer, met at the designated time and place. After having made several solar and stellar observations, the point of ^Anie, p. 387. ' See Vol. IV, p. 115, note 2. Appendix E. 453 Intersection on Lake-Champlain was unanimously determined, and a monument erected. The very swampy ground from the intersection of the parallel on the west bank ofthe Lake not permitting an extension ofthe boundary line to the river St. Lawrence, the parallel was only extended eastward to Mis- sisque-Bay, and the line marked. But the two Governors agreed to ap point each a proper person, and that the persons so to be appointed should continue the parallel westward to the river St. Lawrence, and eastward to Connecticut river. On the part of New York a Mr. Valen tine was the surveyor; I am not informed who was authorized on the part of Canada.' The parallel was however carried to the river St. Law rence; but Mr. Valentine dying soon after, I believe the eastern direc tion was not even attempted during his lifetime; whether it was subse quently run by agents authorized by the two governments, I know not; I am rather inclined to think it was not; as Sir Henry Moore, whilst on Lake-Champlain, had requested me to recommend a proper person for the survey, and Mr. Valentine was appointed in consequence of my recommendation, and it is probable I would have been consulted if a second appointment had been made. I believe all the papers relative to the transaction in question are flled in the Secretary's offlce of this State, or with the papers of the Council of the late colony; if so, those relative to the extension of the boundary line to Connecticut river, if ever accomplished, wUl be found with them.' It is probable that I have preserved the rainutes I made of the transactions on Lake-Champlain; but being confined to my bed from an inflammation in my feet, I cannot now have recourse to my papers — when I can, if I flnd any documents, worthy of communication, they shall be transmitted. I am. Sir, with great respect and esteem, your Excellency's most obedient servant. Ph. Schuyler. His excellency the Governor of the State of Vermont. The foregoing letter was referred to James Fisk, William C. Harring ton, Samuel Shaw, Pascal P. Enos, and Elias Buel, to whom Nathaniel Niles was joined from Council, who on the Sth of November reported the following, which was adopted by the Assembly: Resolved, That his Excellency the Governor be requested to transmit to the executive of the United States all the information of which he is 'It has been stated that Collins and Valentine surveyed fhe line in 1771, '2 '3 and '4.— See Vol. iv, p. 116. 'In Documents relating to the Colonial History ofthe State of New York, vols. VII and viii, the papers ou this subject will be found. Letters of Gov. Moore of New York show that Gen. Carleton, then recently ap pointed Lieutenant Governor of Canada and afterward made Lord Dorchester, was present when the line was "fixed in the River Sorell about two miles and a half below [north of] Windmill Point, so that no part of Lake Champlain is included in the Province of Quebec, except a smaU portion ofthe Missiscoui Bay."— Grow. Moore io the Earl of Shel burne Nov. 8 1766. The boundary then ascertained and agreed upon, by Gov. Moore of New York and Lieut. Gov. Carleton of Canada, was approved by an order of the King in Council Aug. 12 1768. 454 Appendix E. or shall be availed, respecting the northern boundary of this state, and* to solicit an ascertainment of said boundary.' In the executive speech of 1805, Gov. Tichenor said that he had strictly attended to the business thus entrusted to him, and would make it the subject of a future message. Accordingly, on the 1st of Novem ber he sent in a communication on the subject, which is not embraced in the journal, for the reason, as the Clerk stated, that it was by acci dent mislaid and not returned to him. It was referred to Lewis R. Morris, Nathaniel Chipman, and Asa Lyon, who reported the following act, passed Nov. 8 1805; An Act empowering the Governor of this state to ascertain the North ern Boundary of this state. Section 1. It is hereby enacted by the General Assembly of the State of Vermont, That the Governor of this state for the time being be and he hereby is authorised and empowered to employ some person of com petent knowledge, together with sucli assistants as he may deem neces sary, to ascertain by celestial observation where the forty-flfth degree of north latitude crosses Lake Memphrimagog, and where the same inter sects Connecticut-River, and how far a parallel of latitude extended east and west frora said points wUl deviate from the present boundary line. Sec. 2. And it is hereby further enacted. That, for the purposes afore said, there be and there is hereby appropriated a sum not exceeding three hundred dollars; and the treasurer is hereby directed to pay the same, or any part thereof, to the order of the Governor.' Under this act. Gov. Tichenor appointed Rev. Samuel Williams, LL.D. of Rutland, to perform the work assigned, whose report was com municated to the Assembly in 1806, as follows: Rutland, June 28th, 1806. gif^ — In conformity to your excellency's comraission and instructions of AprU 25th, I have examined the latitude of the northern line of this state, at the original monument on Connecticut River, and at Lake Memphramagog. By a course of astronomical observations, which were carefully taken, I found the latitude of the monument on Connecticut River to be 44 deg. 47 min. 59 sec. Reduced to miles on the surface of the earth, the difference between this latitude and that of forty-flve degrees, wUl amount to thirteen miles, three quarters, and flfty-four rods. So much further north, ought the northern boundary of tfiis state to have been, at Connecticut River. By a similar course of observations at Lake Memphramagog, I found the latitude of the raonument at that place fo be 44 deg. 63 rain. 46 sec. Reduced to railes on the surface of the earth, this will amount to seven railes and seventy-one rods. So much further north ought our northern boundary line to have been at this place. If it be admitted that the monuraent at Lake Charaplain is flxed in the latitude of forty-flve degrees, the quantity of land lost to this state, by the error in running this line, will amount to seventeen townships, and 'Printed Assembly Journal of 1804, pp, 42, 44, 363, 'Printed Assembly Journal of 1806, pp, 13, 129, 133; and Acts of 1805, p, 242, Appendix E, 455 forty-four hundredths of a township. The direction of Connecticut River, at the upper part of this state, is from the north east; on this ac count one or two more townships would accrue to this state, if the north line of it was run on the line of forty-flve degrees and continued tUl it intersected Connecticut River, A particular account of the observa tions and calculations which I made at those places, with a map contain ing the result, is enclosed for your excellency's more particular exam ination. The instrument which would have been proper to make such observ ations, is an astronomical quadrant, or sector, I took much pains to procure an instrument of this kind, but could not flnd any such instru ment in this state. There was no way but to construct one ofthe kind; and it was because I had been accustomed to such kind of instruments and observations, that 1 was able to complete the business, I think it ray duty respectfully to state to your excellency, that if in the prosecution of this business the event should be, that the divisional line between Verraont and the adjacent part of the province of Canada is to be raarked and run out by agents frora each governraent, it will be indispensably necessary that ttiis state should be provided witti an astro- ' nomical quadrant that will admit of the most minute accuracy in mak ing the necessary observations, I inclose an account of the expences attending the business.' From the observations which have been mentioned it appears, either that our northern line is not run in a strait [straight] direction, or that the mon uraent at lake Champlain is not placed in the latitude of forty-flve de grees, I should have gone to the monument at that place and observed its situation, but neither ray comraission nor the act of the Assembly invested me with any discretionary power in that respect. With much respect, I am-your excellency's most obedient and humble servant, Samuel Williams, His excellency Governor Tichenor. The foregoing report was referred to Titus Hutchinson, Abel Spencer, Caleb Hendee jr., Arad Hunt, and Dudley Chase, and Nathaniel NUes and Samuel Shepardson were joined from Council, who reported the following resolution, which was adopted; In General Assembly, Oct, 18, 1806, Resolved, That the General Asserably do hereby request the Governor and Council to transmit to the President of the United States inforraa tion ofthe measures directed and taken by this governraent to ascertain tiie northern boundary of this State, and the result of the observations made for that purpose; and request the General Government to take proper measures to ascertain and flx the northern line of this State, And also that they transrait to the Governor of New York the like in formation, that the government of New York may co-operate wilh this State in the same object, if they should deem it worthy of their atten tion,' Discussion ensued between the governments ofthe United States and Great Britain, which was interrupted by the war of 1812-1814; but by the flfth article of the treaty of Ghent, Dec. 24 1814, it was provided that two commissioners should be charged wilh fixing the boundaries -^The cost of the examination was $299.28. ' Printed Assembly Journal of 1806, pp. 26, 73, 96, 456 Appendix E. from the northwest angle of Nova Scotia to the Iroquois or Cataraquy [St, Lawrence,] " particularizing the latitude and longitude ofthe north west angle of Nova Scotia, of the northwestemmost head of Connecti cut River, and of such other points of the said boundary as they may deem proper," Under that treaty three distinguished Vermonters were employed, to wit; WUliam C, Bradley of Westminster a^ U, S. agent, Cornelius P, Van Ness of Burlington as U, S. Commissioner, and Alden Partridge of Norwich as Principal of the exploring survey, i This at tempt to settle the boundary faUed. Oct. 14 1821, Mr. Bradley reported that the Commissioners of the two nations differed as to the northwest anole of Nova Scotia and the northwestemmost head of Connecticut River; and Nov. 21 1821, Mr. Van Ness reported that the Commission ers disagreed upon the most important points. It was provided by the treaty of Ghent that in case of such disagreement, the matter should be referred to a friendly power for decision, but in the message of Decem ber 1823, President Monroe stated that, in lieu of arbitration, the United States had proposed and Great Britain had agreed to attempt to settle the matter by araicable negotiation; and it was settled as to Vermont, in the treaty of Washington of Aug. 9 1842, by adopting the original Valentine and Collins line — that is, the forty-fifth degree of latitude as aoreed to by Governors Moore and Carleton in 1766. The commission ers, who were appointed to ascertain and mark that line, reported that it " is generally about half a mile north ofthe true parallel of latitude 45°, from Hall's stream [Canaan, Vt.] to Rouse's Point ;" and Zadock Thorapson stated that from observations made in 1818, under the treaty of Ghent, it appeared that " the 45th parallel lies a little to the south ward of the line previously established, but it is not yet [1853] finally settled," The true line of latitude 45°, from the two latest surveys, seems to be a little south of the boundary line agreed upon by the treaty of Washington; but against these are the authority of Valentine and Collins in 1771 — 1774, and of Dr, AVilliams in 1806; so the question is still unsettled", and that fact is the reason for recording tbe history ofthe matter in this volume,' 'At the time of his assignment for this service, Capt, Partridge was Superintendent of the U, S, MUitary Academy at West Point. Ferdi nand Rudolph Hassler, forraerly professor at West Point and afterward of the Coast Survey, was associated with Capt. Partridge and took the observations on the line 45° in 1818, ' Public Treaties of the United States, edition of 1875, pp, 289, 316; Drake's Dictionary of American Biography; American Staie Papers, For eign Relations, Vol, 5, p, 139; Annals of Congress, 18th Cong, 1st Ses sion, p, 14; and Thompson's Vermont, edition of 1863, Part I, p. 2. APPENDIX F. ADDRESSES OF THE LEGISLATURE OF VERMONT TO THE PRESIDENT OF THE UNITED STATES, AND REPLIES. To President Jefferson. — 1806. Nov. 1 1806, on motion of Charles Rich, Messrs. Rich, Dudley Chase, and James A. Potter were appointed "to draft an address from the Gen eral Assembly to the President of the United States, expressive of the sense which the house entertain of his important services, and to assure him of their cordial support." The comraittee reported an address, which was evidently intended to urge Mr. Jefferson to stand as a candi date for a third term, and it is therefore remarkable that the Federalists in the Assembly made no opposition to it. To Thomas Jefferson, President of the United States, Sir, — Permit the General Assembly of the State of Vermont to avail themselves of the opportunity, presented by their annual meeting, to express to you the satisfaction they derive from the encreasing prosper ity of our common country. Remote as we are placed from the seat of government, we have ob served with anxious solicitude the measures adopted by the public func tionaries to secure and promote the interests of the union. We have seen the diminution of taxes, the extension of territory, the increase of population, fhe due regulation of the judicial and military systems, the security of peace abroad and at home, with sentiments of sincere appro- tiation. AVe learn that in these sentiments our sister States have al most unanimously coincided, and that, despising the stfuggles of faction and the whispers of slander, the public opinion has ripened from the flrst grade of favorable expectation into bold and general applause. The erainent degree in which you have contributed, by the patriotic dis charge of your official duties, to call forth these sentiments, has not es caped us. Adulation is the language of slaves, but a just, a free and in dependent people, who have seen and escaped the atterapted subversion of their liberties, will never hesitate to_ anticipate the voice of history and posterity, when gratitude demands it. We will not. Sir, conceal our regret, arising from rumors which have reached us calculated to excite the belief that it is your wish to with- 458 Appendix F, draw from the public service at the close of the period for which you were last elected chief magistrate of the Union. AVe venture to hope that the insinuation is unauthorized, and to express a wish, that in the full possession of faculty and talent, you will not refuse the citizens the beneflts arising from long political experience, and deprive them ofthe full opportunity of exercising their choice and judgment- in selecting their President from the whole number of the people. In pursuing and completing tbe measures so happUy begun, in en couraging the industry and protecting the rights of the citizen, in pro moting the happiness of the people, and supporting the dignity of the government, we with confldence assure you of our most cordial support. And relying on that divine being who holds in his hand the destiny of empires, we trust we shall be so directed as to long exist a peaceful, prosperous and happy nation. Aaron Leland, Speaker of the House of Representatives,' Reply of President Jefferson,' December 10, 1807. To the Legislature of Vermont, — I received in due season the address of the Legislature of Vermont, bearing date the 6th of Noveraber 1806, in which, with their approbation of the general course of my adminis tration, they were so good as to express their desire that I would con sent to be proposed again, to the public voice, on the expiration of ray present terra of office. Entertaining, as I do, for the legislature of Vermont those sentiraents of high respect which would have prompted an immediate answer, I was certain, nevertheless, they would approve a delay which had for its object to avoid a premature agitation of ttie pub lic mind, on a subject so interesting as the election of a chief magis trate. That I should lay down my charge at a proper period, is as much a duty as to have borne it faithfully. If some terniination to the services of a chief magistrate be not fixed by the constitution, or supplied by practice, his office, nominally for years, will, in fact, become for life; and history shows how easily that degenerates into an inheritance. Believ ing that a representative government, responsible at short periods of election, is that which produces the greatest sum of happiness to raan kind, I feel it a duty to do no act which shall essentially irapair that principle; and I should unwillingly be the person who, disregarding the sound precedent set by au illustrious predecessor, stiould furnish the first exaraple of prolongation beyond the second terra of office. Truth, also, requires rae to add, that I am sensible of that decline which advancing years brings on; and feeling their physical, I ought not to doubt their mental effect. Happy ifi am the first to perceive and obey this admonition of nature, and to solicit a retreat frora cares too great for the wearied faculties of age. For the approbation which the legislature of A^'ermont has been pleased to express of the principles and raeasures pursued in the management of their affairs, I am sincerely thankful; and should I be so fortunate as to carry iuto retireraent the equal approbation aud good will of my fel low-citizens generally, it will be the corafort of my future days, and wiU close a service of forty years with the only reward it ever wished. ' Printed Assembly Journal of 1806, pp. 175, 198. ' Jefferson's Complete Works, Vol. 8, p. 121. Appendix F. 459 The editor of Jefferson's works states that other state legislatures addressed Mr. Jefferson in approval, following Verraont, to all which answers like that sent to Vermont were returned. Vermont seems therefore to have taken the lead in this matter. To President Jefferson— 1807. Oct. -27 1807, William C, Bradley, on leave, introduced in tiie Assem bly a resolution raising a coramittee to report resolutions, or an address to the President, expressive of the sentiments of both houses and ofthe people of the State respecting the conduct of British naval officers in searching Araerican ships, irapressing American seamen, and particu larly in the attack on the Americau frigate Chesapeake, The resolution was adopted, and Messrs, Bradley, Abel Spencer, and Henry Olin were appointed the coramittee, to whora the CouncU joined Nathaniel Niles, Nov, 4, this committee reported resolutions to the Assembly, which were read and adopted by yeas 169 to nay 1;'— and on the 6th of Nov, they were returned from Council concurred in, though the concurrence was not entered on the journal of that body. The resolutions were in an unusual form, and more eraphatic for that reason, as follows: WE, the Governor, Council, and House of Eepresentatives, of the State of Verraont, viewing with indignation and abhorrence the violent and unjustifiable conduct of the cruizers of his Britannic Majesty, in the impressraent and raurder of American citizens, and the plunder of their property upon the high seas, and even in the very entrance of our harbors, and more especially in the late hostile attack, made with cir curastances of unparalleled malignity upon the American national Frig ate Chesapeake by the British stiij) of war Leopard, DO RESOLVE, That, at this awful crisis, when our national honor and independence are insulted by a nation with whom we, forgetful of former injuries, have not only endeavored to cultivate harmony by pre serving a strict and perfect neutrality, but, to conciliate their friendship by every act of benevolence, huraanity and assistance, compatible witti the justice due to ourselves and others, it is the duty of every Ameri can to rally around the constituted authorities of his country, and to support them with his life and fortune in resisting any encroachments on our national and individual rights by any foreign power whatever, and in procuring redress for the raany injuries we have sustained, and which our patient and friendly forbearance has suffered too long; inju ries committed in a manner unusually barbarous, and calculated to flx an indelible disgrace upon the British character. And it is further Resolved, That we do accord our warraest admiration to the measures adopted by the President of the United States on this trying occasion, and that we have the most perfect confldence in his wisdom, integrity, and ability, to so direct the energies of the govern ment as to preserve our honor as a nation free from taint or reproach, and our liberties as individuals secure from violation. ' Stephen House of Enosburgh, 460 Appendix F. And we do further for ourselves and our constituents declare that, fearless of the dangers to [which] we may be exposed as a frontier state, we shall be ever ready to obey the call of our coramon country, when ever it shall be necessary either for the purposes of redress or ven geance. And Resolved, That a copy of the foregoing Resolutions be made and immediately transmitted to the President of the United States. ' Reply of President Jefferson.' Washington, Dec, 1, 1807, Sir, — The Secretary of State has communicated to me your letter to him ofthe 14th of Nov, covering the resolutions ofthe general assembly of Vermont of the 4th ofthe same month. The sentiments expressed by the general asserably of Vermont on the late hostUe attack on the Chesapeake by the Leopard ship of war, as well as on other violations of our maritime and territorial rights, are worthy of their known patriotisra; and their readiness to rally round the constituted authorities of their country, and to support its rights with their lives and fortunes, is the more honorable to them as exposed by their positioh in front of the contest. The issue of the present mis understandings cannot now be foreseen, but the measures adopted for their settleraent have been sincerely directed to maintain the rights, the honor, and the peace of our country: and the approbation of them ex pressed by the general assembly of Vermont is to me a couflrmation of their correctness. The confldence they are pleased to declare in my personal care ofthe public interests, is highly gratifying to me, and gives a new claim to everything which zeal can effect for their service, I beg leave to tender to the general assembly of Vermont, and to yourself the assurances of my higti consideration and respect, Th : Jefferson. His Excellency Gov. Smith, To President Madison— 1809, Oct, 19 1809, James Fisk,' then of Barre, introduced in the Assembly 'Printed Assembly Journal of 1807, pp, 115, 228-230, 'Jefferson's Complete Works, Vol, 8, p, 120, ' James Fisk, born about 1702, [probably in Worcester County, Mass,] was self-educated, chose the law for his profession, and distinguished himself both as a lawyer and deraocratic politician. He represented Barre in the General Assembly 1800 until 1805, 1809 and '10, and 1815, and as Delegate in the Constitutional Convention of 1814; was Judge of Orange County Court 1802 and 1809, and of the Suprerae Court 1S15 and '16; Representative in Congress March 1806 to March 1809, and 1811 to 1816, and United States Senator in 1817 and '18, resigning that post to accept the Collectorship for the district of Verraont, which he held eight years. President Madison appointed him Judge of the Ter ritory of Indiana in 1812, but he declined the office. He died in Swan- Appendix F. 461 a resolution for a committee to draft an address to the President of the United States " expressive of the sense of this house of the injuries and indignities offered to our neutral and national rights by foreign nations, and assuring him of the willingness and determination of the freeraen of this State lo support with thoir lives and fortunes the government of the United States in such measures as it may find necessary to adopt to redress our national injuries and maintain our rights," The resolution was adopted, and Messrs, Fisk, AVilliam A, Griswold, and Uriel C, Hatch were appointed the conimittee, Oct. 26, the address was reported, and on the 31st adopted, yeas 118, nays 71, as follows: To James Madison, Esq., President of the United States. Sir,— On your being invited to the highest office in the gift of a great and happy nation, by a large majority of the unbiassed suffrages of a free and independent people, the General Assembly ofthe State of Ver mont avail themselves of the earliest opportunity to express their high satisfaction at your elevation, which results frora a full confidence in your long tried wisdom and integrity, as well as for that uniform zeal and attachment which you have invariably manifested to proraote the best interests of your country, AVith peculiar gratification we refiect, that a person is advanced to the presidential chair, who has long been associated with the illustrious Jefferson and his copatriots, and whose useful labors have tended to ad vance the honor, maintain the rights, and secure the peace and happi ness of our coramon country. The wise, prudent and impartial meas ures of your predecessor, aided by your faithful co-operation, have, under the blessing of Divine Providence, long preserved this highly favored nation from all those fatal evils wtiich have for so many years spread misery, devastation and death throughout devoted Europe, It is a truth, however melancholy the refiection, that a disgraceful spirit of opposition and insubordination to the laws of the general gov ernraent, has been excited and fomented in some parts of the Union, and by those who have long claimed the exclusive confidence ofthe peo ple, but it is equally true that notwithstanding the infiammatory addres ses, protests, and resolutions, presented to the public, together with the combined influence of foreign intrigue and domestic treachery,' a spirit ton Dec, 1 1844. A few years before his death he visited the late Hon. Tiraothy Merrill of Montpelier, and for an evening the editor of this volume was much interested in listening to Judge Fisk's reminiscences of public men and events of his time. On that occasion, or from some other source, the writer learned that the Postmaster Generalship was once tendered to hira. In his forra, the vigor of his intellect and the brilliancy of his eyes, he much resembled Aaron Burr at the same age. ' John Henry, the emissary of Sir James Craig, Governor-General of Canada, had visited Vermont and other New England States in the pre ceding winter, bul the authors of this address could have had no accu rate knowledge of his business, as that was not publicly revealed until 1812. Heury was, however, well known in Vermont as a rampant Fed eral politician, and was suspected as a British agent. — See Appendix H. 462 Appendix F. of returning patriotism and of union has lately dawned upon us, from which we anticipate the most happy effects, both al horae and abroad. The erabarrassed state of our foreign relations has been and still is pro ductive of the most serious evils to the comraercial and agricultural in terests of this country. The belligerent powers of Europe, under a color of retaliating upon one another, have issued and enforced orders and decrees aimed at the entire destruction of our lawful coraraerce, the in sulting pretensions and injurious effects of which loo plainly shew that lawless plunder, stimulated by unprincipled avarice and a thirst for universal dominion, are the governing objects. The visionary blockade of almost a whole continent, the order forbid ding neutrals to trade from one port to another of an eneray, the de struction of our vessels on the high seas by flre, and the total interdic tion of our lawful coraraerce, except on the conditions of tribute and submission to the mandates of a foreign power, are hostUe lo the spirit, and opposed to every ingenuous and patriotic feeling which inspires a nation of freemen, "Yet these are not all, nor even the greatest injuries we have received. Orders have been issued apparently designed to ex cite our citizens to insurrection, and acts of disobedience to the govern raent and laws of this country. Our seamen, not only on the coraraon highway of nations, but also in sight of our own shores, after long and dangerous voyages, and in momentary expectation of treading their native soil among ttieir families and friends, have been impressed, torn from everything they held dear, and forced into an ignominious servi tude on board of foreign ships of war. Our territorial jurisdiction has been violated, the hospitality of our ports and harbors abused, our citizens murdered whilst in the peaceable pursuit of domestic concerns, our national flag insulted, the blood of our seamen wantonly shed, and the perpetrators of these horrible acts have been secured and protected from punishment by mock trials, or in some instances by an exemption from trial; aud as a further reward for such deeds, have enjoyed the smiles and received the promotions from that very government under whose authority they acted, while it hypocriti cally pretended to disavow the deed; nor has any reparation been yet tendered, except on terms raore humiliating than the outrages them selves. And while they adhere to the tenor of their proclamation of the 16th day of October, 1807, little hopes are entertained that they will be disposed to enter into suitable arrangements to redress such aggra vated evils. These accumulated injuries and unprovoked aggressions upon national rights are nol however without their beneflcial effects, for they have at last awakened the great majority ofthe American people to a just sense oftheir true interests, and excited a laudable spirit of ambition through out the Union to proniote the establishment of domestic manufactures and other internal iraprovements, which lunder the fostering care and guardianship of an enlightened government will in the end render us in a great measure independent of the old world. The people of Vermont, though almost wholly devoted to agricultural pursuits, during our late and present commercial embarrassments felt a coramon interest wilh her sister States, and have long and anxiously waited in the hope that the strict and impartial neutrality maintained by the general government towards all nations, the just and reasonable offers of accommodation il has repeatedly made, would have before this brought the offending nations lo a sense of justice, and created a dispo sition lo restore lo us the peaceable enjoyment of our national rights; but in this they have been disappointed, and with extreme concern be hold the most friendly, just and paciflc overtures treated with silent Appendix F. ' 453 contempt by one nation, and by another with what (if possible) is stUl worse, faithless, delusive propositions and arrangements, calculated solely lo weaken the hands of governraent and to defeat those wise nre- cautionary measures adopted to obtain a redress of wronos. Surely there is a point among nations as well as individuals, beyond which longer forbearance would become criminal, and honorable and manly resistance our indispensable duty; and we view the freedom of comnaerceupon the oceau, when pursued conformable to the established law of nations, the restoration of our irapressed seamen, exemption and security against further impressment, among those rights which ouoht not lobe surrendered but with our nalional existence, ° VVhUe impressed with these weighty considerations, we can discover no just cause for despondency or alarm, and we are strengthened in this opinion from the pleasing refiection that the path of our present politi cal pilot is lighted by the most illustrious exaraples of virtue and patri otism which have gone before him, and that the same principles which inspired the sages and heroes of the revolution will continue lo guide the policy of our present adrainistration; and if honorable adjustments can not be made, however reluctant we may be to hazard our fortunes upon the warring elements, yet rather than relinquish any of our sacred rights, or should justice be longer unreasonably denied us, we confi dently assure you, that we wUl rally round the standard of government, cheerfully obey the first call of our Country, and unite with them in the last solemn appeal to nations, relying and trusting in that Almighty Being who directs and controls the destinies of the world, to guide us lo a favorable issue, Dudley Chase, Speaker of the House of Representatives,' Reply of President Madison,' To the General Assembly of ihe Staie of Vermont,—! have received the address of the General Assembly transmitted to me on the 16th ult, with the impressions which ought to be raade by the sentiments ex pressed in il. Conscious as I am, how much I owe the high trust with which I am invested, to a partiality in my fellow citizens which overrated my quali fications, I am compelled to mingle my regret that these are not more adequate, with the gratiflcation afforded by the confldence of so respect able a body; and by the tribute which is so justly paid to the success of ray illustrious predecessor, under the blessing of Divine Providence in preserving our nation frora the wars by which Europe has been so long and so dreadfully afflicted. Such, neverltieless, has been the extraordinary character of those wars, that it was not possible for the councils of our governraent, how ever prudent and paqiflc, to avoid a participation in the injuries which have been extended lo those not parlies to theni. The United States still experience these unprovoked aggressions; and with the recent ad dition of circumstances admonishing thera to tie prepared against more hostile fruits of the reigning policy. In this conjuncture, it is to be lamented, that any difference of opin ion should prevail, with respect to the measures best suited to it, and more particularly, that any raeasures actually adopted should have been op posed in modes calculated to embolden foreign hopes and experiraent, •^ Printed Assembly Journal of 1809, pp. 42, 68, 96. • Vermont Centinel of Feb. 16, 1810. 464 Appendix F. by presenting appearances of internal divisions and weakness. The full strength of every nation requires an union of its citizens. To a govemment like ours, this truth is peculiarly applicable. If its impor tance has not heretofore been sufficiently fell on occasions which seemed lo demand it, we shall not, I trust, be disappointed of the satisfaction proraised by the dawn of a more universal support of the constituted authorities, in the measures for maintaining the national honor and rights. In this view, the sentiments which animate the Legislature of Ver mont are entitled to the warmest commendation ; wtiich I sincerely tender, with assurances of my friendly respects and high consideration. James Madison. The Hon. Dudley Chase, Speaker of the House of Representatives of Vermont, Washington, Dec. 26, 1809. Declaration of the Legislature to President Madison— 1812. Oct. 13 1812, Charles Rich ' of Shoreham, introduced into the House the following resolution : We the representatives of the people of Vermont, believing that in limes like these in which we now live, it is both proper and necessary that our sentiments should be known to our sister states and the gene ral government, do hereby adopt the following resolution: ' Charles Rich, son of Thomas Rich, was born in Warwick, Mass., Sept. 13 1771, came to Shoreham in 1787, having made the journey on foot. At the age of twenty he was married, and house-keeping was commenced with "one cow, one pair of two-year-old steers, six sheep, one bed, and a few articles of household furniture, all of which were valued at sixty-six dollars, and about forty-five acres of land, given him by his father and valued at two hundred dollars." From this modest beginning, by industry, integrity, and prudence he became a wealthy man. Bul he was most widely known as a valuable servant of the public, and he became such from even a smaller capital than that which was the foundation of his wealth. He attended school only three months, at the age of fifteen, bul he was studious in all his leisure hours, early habituated himself to the habit of writing his thoughts, and culti vated his taste by reading Addison's Spectator, of which he was very fond. Thus self-schooled, he became speedily known as a man of much more than ordinary intelligence, and was often called upon to deliver fourth of July orations. At twenty-nine he was elected town repre sentative, and received twelve elections to that offlce; he was a delegate in the Constitutional Convention of 1814; one of the judges of Addison County Court for six years; and elected a representative m Congress flve terras, 1813-16, and 1817-26, but died Oct. 16 1824, before his last term had expired.— Hisiorj/ of ihe town of Shoreham; Deming's Cata logue; and Vermont Legislative Directory, 1876-77. Appendix F. 465 Resolved, That the constituted authorities of our country having de clared war between the Uniled States and Great Britain and her depen dencies, il is our duty as citizens to support the measure, otherwise we should identify ourselves wilh the eneray with no other distinction than that of locality. VVe therefore pledge ourselves to each other, and to our governraent, that with our individual exertions, our exaraples, and influ ence, we will support our governraent and country in the present con test, and rely on the Great Arbiter of Events for a favorable result. The Federalists disliked the forra of this resolution, and Daniel Chip- man moved the foU^owing as a substitute: We the representatives of the people of Verraont, believing the pres ent crisis to be such that, our sentiraents ought to tie distinclly known both to our sister states, the general government, and the world, do therefore adopt the following resolution: Resolved, That the constituted authorities of our country having de clared war against the united kingdoms of Great Britain and Ireland, and her dependencies, whatever raay be our opinions as to the wisdom and expediency of the measure, it is our duty, as good citizens, to sub mit, to support our own governraent at every hazard, to obey the con stitutional calls of our country, and lo rely on the greal arbiter of events for a favorable result. This was rejected, 129 to 80. Joel Green of Brandon then submitted a similar substitute, omitting " whatever may be our opinions," &c., which was also rejected, 130 lo 73, when Mr. Rich's resolution was adopted, 128 to 79. The Governor and Council having concurred in the original resolution, il was resolved that Mr. Rich request his excellency the Governor to forward a copy ofthe resolution to the President ofthe United States. For reasons of the dissenters to the resolulion of Mr. Rich, see printed Assembly Journal of 1812, p. 178. Nov. 2 1812, Amos AV. Barnum of Vergennes introduced a resolution on the same subject, and on the next day Plenry Olin of Leicester moved the following substitute, which was adopted, 116 to 40: Resolved, That this assembly have the fullest confldence that the con stituted authorities will at all times be anxious lo bring the said war to a close, when il can be done consistently with the honor and interest of our country. 2. Resolved, That although this assembly deem it their duty to give to the general government every aid in their power in the prosecution of the present just and necessary war, yet they will with pleasure haU the happy day when the war shall be brought lo an honorable conclu- ¦ Printed Assembly Journal. of 1812, pp. 39, 50, 61, 102, 176, 179. 30 APPENDIX G. THE STATE-PRISON. Sec. thirty-five of ctiapler two of the flrst constitution was as follows; To deter raore effectually from the commission of criraes, by contin ued visible punishraent of long duration, and to make sanguinary pun ishments less necessary, houses ought lo be provided for punishing, hy hard labor, those who shall be convicted of crimes not capital, wherein tbe criminal shall be employed for the beneflt of the putilic, or for re paration of injuries done lo private persons; and all persons, at proper times, should be admitted to see the prisoners at their labor.' Nevertheless, for more than thirty years, and until the State-Prison was put in operation iu 1809, nolhing corresponding to this section was done except to provide in certain cases that persons ibiglit be " disposed of to service.'' In the mean time the punishments of criminals were whipping, conflnement in the stocks, branding, conflscation of property, banishment, and flnes followed by imprisonment in the common jails for non-payment." The principal reasons which occasioned this long delay were doubtless the inexpediency of incurring a large expenditure while the population of the Slate was sparse and unable to bear a heavy tax, and the difficulty of flnding a location where remunerative labor could be expected. The subject was frequentiy considered, however, from 1793 until 1803, when Gov. Tichenor presented strong reasons for a Stale-Prison, which resulted in an acl, passed at the adjourned' session, Jan. 31 1804, " appointing a committee lo receive proposals for buUding a Work-House." ' Oct. 17 1804, in the Assembly, ' See VoL I, p. 101. ' Vermont State Papers, pp. 290, 291, 300, 331, 357, 454, and other acts prescribing punishments. ' Vol. IV, pp. 45, 51, 97, 261, 294, 372, 623; and Laws of Feb. session 1804, p. 7. For the conimittee appointed by this act, see ante, p. 425. Appendix G. 467 A communication was received from Gamaliel Painter, Esq. enclos ing proposals from Robert Torrence, jun. for erecting a State-Prison at Middlebury, with a plan of said prison; the proposals were read, and on motion referred to a coramittee consisting of a member from each counly, to join such committee as the CouncU may appoint. Members chosen, Messrs, Shumway [John of Dorset,] Aiken [John of London derry,] E, Porter [Ezekiel of Rutiand,] W, Perry [WiUiam of Hartford,] Buckingham [Jedediah P, of Thetford,] E, Butier [Ezra of Waterbury,! Chipman [Daniel of Middlebury,] Moffit [Joseph of DanvOle,] Porae roy [Seth of St, Albans,] Stanley [Tiraothy of Greensborough,] and D, Dana [Daniel of Guildhall,] Proposals frora Thoraas D, Road [Rood] Esq. for buUding a State-Prison at Jericho, were read, and referred lo the same committee.' Lieut. Gov. Brigham and Mr. Wheelock were joined from the Coun cil, and Oct. 22 the committee reported as follows; To the Honorable General Assembly now sitting. — Your coramittee, to whom were referred the several proposals for building a Work-House, or State-Prison, Report^ That having taken into consideralion the said proposals, and particularly the several places proposed, are of the opin ion, that a preference ought lo be given to the town of Middlebury, on account of its being raore central, and for that in such a village as that of Middlebury, the prisoners may be raore easily guarded, more safely kept, and more conveniently supported; raw materials raay be furnished them with less expence, and the manufactured articles more readily dis posed of The plan accorapanying the proposals from Middlebury we have also examined, and believe that it will be advisable to erect one upon that plan, witti some alterations, tending lo lessen the expence, without rendering it l^ss convenient and safe. Your committee further report, that, in order to prevent that incon venience which frequently arises frora raaking of contracts by govern mental agents, a committee, consisting of two persons, be chosen, and direcied to repair lo Middlebury, as soon as may be, with directions to procure a suitable quantity of ground on which lo erect said prison, to examine the materials, conveniences, and the expense of erecting said prison, and to receive proposals for buUding the same, and to report to this House their doing, as soon as may be. Paul Brigham, for Committee, Oct, 24, this report was rejected,' and the matter was continued as un flnished business through the sessions of 1805 and '6, At the session of 1807, Gov, Israel Smith strongly urged a corapliance with the provision of the constitution on this subject;' and on motion of Elihu Luce of HarUand a committee of one from each county was appointed " to take into consideralion all bUls, plans, proposals, and ' The act of Jan, 5l 1804 required the committee to report in writing all proposals received. The above references lo proposals from Middle bury and Jericho are all that appear in the Journal of the House, Mid dlebury proposed to give the land and erect the buUdings for nine per cent, of $40,000 payable semi-annually for ten years, or on $30,000 for. thirteen years,— See Vermont Centinel of Sept, 2 1808. ' Printed Assembly Journal, Oct. Session 1804, pp. 79, 126, 147. ' See ante, p. 394. 468 Appendix G. other papers relating to a Slate-Prison, which have been referred from the last session ofthe legislature;" and Messrs. Shumway [John of Dor set,] Fletcher [Samuel of Townshend,] P. Smith [Pliny of Orwell,] Hunter [AVilliam of Windsor,] Olin [Henry of Leicester,] Chase [Dudley of Randolph,] Putnam [Seth of Middlesex,] Ware [Cyrus of Montpelier,] Hubbard [Samuel of Huntsburgh, now Franklin,] Olds [Jesse of Crafts bury,] Ingham [Micajah of Canaan,] and T. AUen [Tiraothy of South Hero,] were appointed. The results were "An act to provide for the building of a Stale-Prison," which was passed without a division, and " An act assessing a tax of one cent on each acre of land in this' Stale for the purpose of defraying the expense of erecting a State-Prison," ' The last was passed by a vote of 121 to 40.' The flrst named act was as follows: An Act providing for the building of a State's Prison, Sec. 1. Itis hereby enacted by the General Assembly ofthe State of Vermont, That a board of commissioners, consisting of flve suitable per sons, to be chosen during the present session of the legislature, by a joint ballot of both houses, be appointed for the purpose of erecting and finishing a State's Prison, within and for the Slate of Vermont, Sec, 2, And ii is hereby further enacted. That the said coramissioners, befbre they enter upon the discbarge of the duties enjoined on thera by this acl, stiall give bonds with sufficient sureties, in the sum of sixty thousand dollars, to the treasurer of this State, for the faithful perform ance of such duties. And said commissioners shall be, and they hereby are fully authorized and empowered to determine and fix on the place where the said prison shall be erected, and also lo deterraine on the plan and fashion of the same, according as a majority of said commission ers, considering local, pecuniary and other advantages, may judge wiU most conduce to the convenience aud interest of this Stale, Sec, 3, And it is hereby further enacted. That said coraraissioners shall be, and they are hereby fully authorized and empowered to pur chase or otherwise obtain all necessary conveyances to this Slate of such lands as may be proper for the use and purposes aforesaid, and to con tract for, purchase and provide all the materials and provisions neces sary to the flnishing and completing said prison. And thoy are hereby further directed to take the earliest and most speedy measures to obtain suitable proposals for the furnishing of raaterials and labor necessary to carry into effect the object of this act as soon as may be consistent vvith the true interest of this Stale, Sec, 4, And it is hereby further enacted. That the said commissioners, a majority of vvhom shall, in all their transactions, constitute a quorum, shall be and they hereby are authorized to appoint one or more agent or agents, from among themselves or otherwise, for whose fldelity and ' On a previous occasion the same lax had been laid lo pay the expenses of the State governraent, which by many was regarded as in a degree unjust to non-resident owners of land in the Slate, They were also taxed for the construction and maintenance of roads and bridges, ' Printed Assembly Journal of 1807, pp, 22, 217, Appendix G. 469 economy said commissioners shall be responsible, whose duly it shall be, from time to time, to superintend and inspect the work of said prison, and to see that the same be well and faithfully done, and the several contracts with said commissioners are punctually fulfllled. And said commissioners are erapowered to take bonds, with sureties, of such agent or agents, for the due discharge of their undertakings. Sec, 5, And it is hereby further enacted. That said comraissioners be and they hereby are empowered to appoint a clerk of their board, (for whose fldelity they shall be responsible, and of whom tbey may also re quire bonds,) and by such clerk to draw orders, from tirae lo lime, on the treasurer ofthe State, for any sums which may have been expended or contracted for by them, for the purpose aforesaid; and they are hereby directed to keep a fair account of all and every of their expenditures, and be in readiness to exhibit the same at any time when legally called on for that purpose. Provided nevertheless, and it is hereby further en acted. That said commissioners shall not exceed, in the expenditures in building said prison, the sum of thirty thousand dollars. Passed Nov. 3, 1807, A true copy. Attest, Thomas Leverett, Sec'y, * Pursuant lo the preceding act, Ezra Butler of AVaterbury, Sarauel Shaw of Castleton, John Cameron of Ryegate, Josiah AVright of Pow nal, and Elihu Luce of Hartland were appoinled commissioners,' who proceeded at once to the execution of their duties, and at the session of 1808 a committee of the House submitted a report, from which the fol lowing is taken: The coramissioners appointed al the last session of the geperal assem bly, to flx upon and designate the place, and to superintend the build ing of said prison, [selected a place] at AVindsor, situate nearly opposite the house of Steptien Jacob esq. That previous to building said prison, the inhabitants of said AVindsor procured to be deeded to the Stale one acre of land, free of expence, and obligated themselves to procure to be drawn for the use of said buUding, flve thousand tons of stone, on the place where said building is erected, free of expence, and to procure to he drawn the residue of the stone necessary lo complete said building and yard, al the rate of sixty cents per ton, and to have the privilege of taking a sufficient quantity of stone from the mountain (which is about three miles distant frora ttie prison,') free of expence to the state. And tiiat the comraissioners, in addition lo the one acre of land gratuitously given as aforesaid, have purchased, for the use and benefit of the state, nearly four acres of land adjoining, al the price of one hundred aud fifty dollars per acre. The dimensions of said building, which is designed for the prison and cells, is eighty-five feet in length, thirty-six feet in breadth, tiiree stories in height, all built with hewn stone, and is calculated to contain in all the cells one hundred and seventy prisoners wilh convenience. That the keeper's house adjoining said prison is built of brick, except the basement story, which' is built of stone and designed for a room lo vict- ' Printed Laws of 1807, pp. 94, 189. ' Printed Assembly Journal ot 1807, p. 236. ' Asculney mountain. 470 Appendix G. ual the prisoners in, and is forty-two feet in length, twenty-four feet in breadth, and four stories in height. The land adjoining said prison, and where the wall is intended lo be built, is sixteen rods in length and twelve rods in breadth, within which the work-shops are intended to be buUl. ' In 1809, the further sum of five thousand dollars was appropriated for the prison, and a committee was appointed to settle the accounts of the comraissioners.' In 1810, the committee reporled that a further appro priation of $3,733.48 should be made, making the cost of the prison $39,312.78; and the appropriation was made.' Additional buildings, for work-shops, storehouses, barn, and offices, were subsequently erected ; and in 1830-32 a new prison was constructed, for the solitary confinement of prisoners, at a cost lo the State of .$8,000. This building is one hundreJl and twelve feet in length by forty in width, of four stories, with thirty-four cells in each story — in all one hundred and thirty-six cells. The cells are in the centre of the buUding, with an open passage on all sides.* In 1876-6, the work-shop was enlarged, the prison erected in 1809 en tirely removed, and a new one erected, having regard lo accommoda tions for female prisoners. The cost of the addition to the work-shop was $2,100.88, and of the new prison $11,083.30— total, $13,184.18.^ The management and government of the prison was originally vested in a board 'of visitors, who appointed the subordinate officers; subse quently in a superintendent; then in a superintendent and warden; next in a superintendent elected by the legislature; and now is in three directors and a superintendent, who are elected by the legislature. A chaplain is provided for religious instruction; a library for the beneflt of the prisoners; and a physician. The following are the statistics ofthe prison lo and including the year 1876, the last column covering excess both of expenditures and of in come:" ' Printed Assembly Journal of 1808, p. 130. ' Printed .Latos O/1809, pp, 3, 107. 'Printed Assembly Journal of 1810, p. 192; and printed Laws 0/I8IO, p. 169. * Thompson's Vermont, Part 11, p. 138. ' Vermont Staie Officers' Reports, 1875-6, Slate Prison Report, p. 5. . » Same, pp. 18-20. Appendix Z>. 471 Statistics of the Prison, 1809 to 1876 inclusive. 1810 ISll1S12I8ia 18141816 1816 1S17 1818 181918201821 lS-2218-231824 18251826 1827 1828 18-29183018311832 1833 1834 183618361837 1838183918411 1841 1842 1843184418i; 1846 .1847 1848 184918501851 1S52 18-13 18641865 18561867 1868 18591860 18611862 186318641866 1866 1867 1868 1869 1870 18711872 18731874 1875 1876 236,966 280,652 291,948 6 2-3 4 3-4 3 3-4 5 46 1-2 6 1-2 4 3-4 4 1-2 4 1-2 6 1-2 564 3-4 5 1-2 4 1-2 5 7-8 5 3 1-3 3 1-2 3 1-2 2 1-2 3 1-2 3 3 2-3 33 1-4 3 IHI 32 1-2 2 1-2 333 1-2 32 1-4 3 1-4 4 3-4 42 3-4 3 1-2 3 2 3-4 43 1-2 2 3-4 32 3-4 2 2-3 2 1-5 2 1-2 2 1-2 3 1-2 2 7-8 3 2 2 1-2 3 1-2 3 1-3 3 1-4 3 1-2 2 1-2 3 3-4 3 1-2 3 1---' SEf 2148 43 669 889 776 718 899 045 20 I 'Income. H $6,000 00 6,000 00 6,000 00 6,000 00 6,000 00 6,0(10 00 6,000 00 6,812 00 6,038 00 4,780 00 6,220 00 6,000 00 3,907 00 3,390 00 3,266 00 3,955 00 2,970 00 3,973 00 1,937 00 2,030 00 2,202 00 4,063 CO 6.937 00 4,960 CO 4,939 CO 6,000 00 4,337 00 4,223 00 2,150 00 6,(100 00 2,000 00 3,000 00 1,000 00 14C 00 2,737 00 1,867 00 1,989 00 8,382 CO 6,972 00 2,814 00 8,000 00 144 00 422 OC* 436 00* 1,009 00 851 00 2,649 00 1,733 00 2,446 00 1,433 00 1,356 00 1,006 00 260 00» 436 00 1,639 00 2,660 00 6,488 00 7,308 00 7,307 00 6,413 46 6,297 13 6,397 63 6,938 16 3,664 31* 1,018 76» 2,331 38» 2,3.52 28» 2,852,28' Since 1866 Juvenile offenders have been committed to the Vermont Eeform School, APPENDIX H. BRITISH INTRIGUE IN NEW ENGLAND— 1809. The Embargo in Vermont, and the Craig-Henry Corres pondence '—1808 TO 1812. The erabargo act of Congress of Dec. 22 1807 had comparatively little significance in Vermont until it had been supplemented by the act of March 12 1808, comraonly called " the land erabargo," which was pro mulgated simultaneously with the opening of navigation on Lake Champlain. The first interfered mainly with commerce on the sea board, but had turned the people of northern and northwestern Ver mont to Canada as a market for their tiraber, and pot and pearl ashes, which were then the chief articles of export,' This market was inter fered with by the " land embargo," and the distress of the people, and the zeal ofthe Federal politicians who made the most of their opportu nity, excited greal dissatisfaction with the national government, and alarmed its supporters in Vermont, The Embargo Law which passed on the 12tli of March last, commonly called the land embargo, was received by Jabez Penniman, the Collec tor of Vermont District, on the first day of ApriL Mr, Penniman, on the same day, by the advice of Asa Aldis and C, P, Van Ness, Attor neys at St. Albans, addressed a letter lo Mr, GaUatin, Secretary of the Treasury, stating the impossibility of executing that law, without a mil itary force,' This statement evidently came from an opponent of the administra tion, but it is substantially confirmed by the following official papers: ' Coramonly called the John Henry mission, ' Memorial to President Jefferson of a town-meeting in St. Albans^ for which see Spooner's Vermont Journal of June 20 1808. 'Vermont Centinel of Sept. 2 1808. Appendix H. 473 President Jefferson to the Secretary of ihe Treasury. Dear &>,— Sincerely sympathizing in your distress,' vvhhdi much^ex- perience in the same school has taught rae lo estiraate, I could not have been induced to intrude on it by any thing short of the urgency of the case sta ed by Penniman of Lake Charaplain. Messrs. Robinson and Wilherall [Senator Jona, Robinson, and representative Witherell of Ver mont] tell me the whole ofthe business wUl be over early in May when the fall of the water renders the rapids [below St, Johns] impass'able for rafts. They think vessels of any kind desired, can be had on the Lake at a moraent's warning, and guns of 6 lbs. ball, there also, mounted on them by procurement of the collector, and that the governor [Israel Smith] would order any assistance of militia on being written to Be heving it important to crush every example of forcible opposition to the lavvr, 1 propose to ask the other gentlemen to a consultation inimediatelv and for their and my guide have to request any ideas on the subject which you can hastily give me on paper, for which I would not liave troubled you, but from a confidence that your knowledge of the charac ter and means possessed by the collector there, and of the local circura stances lo be attended to, may enable us to decide on what will be most proper and effectual. I salute you wilh affection. P. S. Return me Penniman's letter if you please, to lay before the gentiemen. Same io same, of the same date. We have concluded as follows: Isl. That a letter from your depart ment to the Collector on Lake Champlain, shall instruct hira to equip and arm what vessels he can and may think necessary, and lugo-ao-e [engage] as many persons on board them as may be necessary, antTcan be eug.aged voluntarily, by force of arras, or olheiwise, to enforce the law. 2d. The Secretary of State writes to the Marshall, if tiie opposition to the law is too powerful for the collector, to raise bis possee, (which, as a peace officer, he is fully authorized to do on any forcible breach of the peace,) and lo aid in suppressing the insurrection or corabination. 3d. The Secretary at AVar desires the Governor, if the posse is inad equate, to publish a proclaraation with which he is furnished, and to call on the railitia. He is further, by a private letter, requested to repair lo the place, and lend the aid of his counsel and aulhority accordino to ex igencies, ° AVe have further determined lo build two gun-boats al Skanesborouo-h [Whitehall, N, Y,] Affectionate salutations, P, S. General Dear borne has Penniman's lelter lo copy for the Governor.' May 9 1808, the proclamation referred to was published in S2)ooner's Vermont Journal, (a paper selected for the official publication of the laws,) as follows: By ihe President of the United States, A Proclamation. Whereas information has been received that sundry persons are com bined or combining and confederating together on Lake Champlain and the country thereto adjacent, for the purposes of forming insurrections against the authority of the laws of the IJnited States, for opposing the ' A domestic affliction. 'Jefferson's Complete Works, Vol. 5, p. 271, Copied literally. 474 Appendix JS. same and obstructing their execution; and that such combinations are too powerful to >be suppressed by the ordinary course of judicial pro- ceedino-s or by the powers vested in the Marshals, by the laws of the United States: Now therefore, to the end that the aulhority ofthe laws may he main tained, and that those concerned, directiy or indirectiy, in any insurrec tion against the same may be duly warned— I have issued this my Proc lamation, hereby commanding sucdi insurgents, and all concerned in such combinations, instantly and without delay to disperse themselves and retire peaceably lo their respective abodes; And do hereby further require and command all officers having authority, civil or military, and others, civU or mUlitary, who shall be found within the vicinage of such insurrections, to be aiding and assisting by all the means in their power, by force of arms or otherwise, to quell and subdue such insurrection or combinations, to seize upon all those therein concerned, who shaU not, instantiy and without delay, disperse and retire to their respective abodes; and lo deliver them over lo the civil authority of the place, to be proceeded against according to law. In testimony whereof, I have caused the Seal of the Uniled States to be affixed to these presents, and signed the same with ray hand. Given at the city of Washington, the 10th of April 1808, and in the sover- eio-nty and independence of the United States the thirty-second, " Th: Jefferson, By the President, James Madison, Sec''ry of titate, Nothino appears, in the public newspapers or official documents of that day, indicating any " insurrection " or " combinations " for crimin ally opposing the laws, except indictments for treason, hereinafter no ticed, which were not sustained; and daring and defiant smugglers, who have always and everywhere been found whenever the temptation was sufficient to invite the risks to be incurred in that nefarious business. Indeed, a regularly called town-meeting of the inhabitants of St, Albans, June 1808, adopted a memorial lo President Jefferson, in which they emphatically denied the imputation ofthe proclamation, as follows; Your memorialists positively and unequivocally declare that in their opinion, the conduct of the citizens of this district had furnished NO cause for such Proclamation; and that the same must have been issued in consequence of erroneous aud unfoundeii representations, made and transmitted to tbe Exucutive departraent of the Uniled States, by some evil minded person or persons. That if individuals, flnding themselves and their families on the verge of ruin and wretchedness, have at tempted to evade the embargo restrictions, and have actually accora- plished their purpose, this could never furnish a just cause for proclaim ing to the world that insurrection and rebellion were chargeable on the good people of this district; and with confldence, your memorialists de clare their belief, that nothing more than this had taken place, [Signed] Asa Fuller, John Gates, Azariah Brooks, Selectmen, Attest, Seth Wetmore, Clerk,' Nevertheless the mUitary power was invoked. May 5 1808, by order of Gov. Smith, Gen, Levi House ordered out a sraall detachment, from the flrst regiment of his brigade in Franklin county, who were stationed ' Spooner's Vt. Journal of June 20 1808. Appendix H. 475 at WindmiU Point. * It seems that the special purpose was to prevent several rafts from passing into Canada, and that, taking advantage of darkness and a strong and favorable wind, the rafts escaped previous to May 26.' This seems to have raised a doubt of the efficiency of the Franklin County militia, and on the 31st of May a detachraent of one hundred and flfty militia raarched frora Rutland County on the same service, and were shorlly reinforced by a detachment of U. S. artillery; ¦whereupon Gov. Smith was directed to discharge all but seventy-flve of the mUitia," and the Franklin, County men were discharged, to the great indignation of themselves and their brigade.* In Ociober the Verraont militia seem to have been withdrawn and their places supplied by Uni ted States troops.' The resort to force by the government served on the one hand to in crease the fervor of the Federal party and give them the victory al the ensuing election of stale officers; and on the other stimulated the smug glers to desperate and deadly resistance, such as would necessarily have called for the interposition of force. They met force by force repeatedly, ¦" Spooner's Vermont Journal of May 23 and June 13 1808; and Weekly Wanderer of May 23 1808. ' Spooner's Vermont Journal of June 13 1808. " Weekly Wanderer of June 13 and 27, and July 4 1808. * June 17 1808, a general convention of the commissioned officers of the brigade assembled and adopted a spirited address lo tbe pyblic, in which they declared that the detachment had promptly obeyed orders and acquitted theraselves with honor, though they could nol coramand the winds and the waves, and that the ordering of the Rutland County militia to stations within the limits of the brigade was an " open, direct, and most degrading insult.'' July 30 1808, sundry citizens of Franklin County signed an address lo the public, in reply to the foregoing, justi fying Collector Penniman and the President, on the ground " that the constant and unceasing declarations of the lumber and potash merchants were, they would arm, and run their property at all events; that if Mr. Penniman attempted to enforce the laws, his life would be short; that if military aid should be called, and the troops should kill a person in attempting lo enforce the laws, the inhabitants would imraediately RISE and drive them from their stations. In short, it was openly de clared, that the inhabitants ou Lake Champlain would never subrait to the enforcement ofthe embargo law." Evidently these were the threats of smuo-glers, and both addresses are of a strong parlizan hue,— See Spooner's Vermont Journal ot July 4 and Sept. 12 1808. For views, both of Gov. Tichenor and the Jeffersonians of the Legislature, as to the course of the President, and a compliment by the Governor to the Ver mont mUitia, see ante, pp. 397-9. ''Spooner's Vermont Journal of Oct, 24 1808; and Vermont Centinel ot Nov. 4 1808. 476 Appendix H. but the most lamentable example occurred Aug. 3 1808. A party of twelve of the Vermont mUitia had captured a notorious smuggling ves sel called the Black Snake, then moored in the AVinooski river, and as they were taking it down the river to the lake, the smugglers repeatedly flred upon them, kUling EUis Drake of Clarendon, and Asa Marsh of Rutland, and wounding Lieut. Daniel Farrington of Brandon, who com manded the party. Just before the last gun was flred — a murderous wall-piece, charged with flfteen bullets, slugs 'and buck-shot— Capt. Jonathan Ormsby of Burlington joined the government party to aid in arresting the murderers, and was killed wilh Marsh. David D. John son, sergeant commanding the remainder of the militia, immediately seized all of the smugglers except two, who escaped but were subse quently arrested. A special term of the supreme court was held al Bur lington, commencing on the 23d of August; on the 26lli the grand jury returned true bills against Sarauel I, Molt of Alburgh; AVilliam Noaks, Slocura Clark, and Truman Mudgetl of Highgate; Cyrus B, Dean and Josiah Pease of Swanton; David Sheffield of Colchester, and Francis Lcdgard of Milton, Sept, 1 Mott was convicted; on the 5lh Dean, and on the 9th Sheflield, Dean was sentenced lo death on Friday Oct, 28, bul was respited by the legislature unlil Nov, 11, when he was executed. New trials were granted to Mott and Sheffield, both of whom, with Led- gard, were convicted of manslaughter al tbe January term, 1809,' All three wore sentenced to stand one hour in the pillory, be conflned ten years in the slate-prison, and pay costs of prosecution. In addition, Mott and Sheffield received flfty lashes. They were all pardoned by the governor: Ledgard, Nov, 12 1811 ; Sheffleld, Nov, 4 1815; and Mott, Oct. 15 1817.' Nov, 3 1808, the U, S, Circuit Court commenced a special session at Burliugton, Brockholst Livingston and Elijah Paine judges, when Fred erick, Job, and John Iloxie were tried for high treason, in levying war against the United States, bul were speedily acquitted by the jury,' Early in 1809, after the passage of the new embargo act of Jan, 9, the following circular was sent to Gov, Tichenor: , ' The grand jury at this term published an address to the freemen of Chittenden County, in which they declared that, beyond the Black Snake affair, " in which strangers were principally the actors, we view wilh satisfaction and admiration, the loyalty and patience of our fellow citizens;" and " that the charges of Insurrection and Rebellion, lately exhibited against them, are vile aspersions against the honor and the dignity of this County,'' — See Vermont Centinel of Jan, 20 1809. It is hardly necessary to suggest that the jury did not favor the President's policy. ' From a good account in Vt. Historical Magazine, Vol. ii, pp. 342-347. ' Vermont Centinel of Nov. 4 1808. Appendix S. 477 Circular letter from the Secretary of War, to the Governors-prepared by Thomas Jefferson, January 17, 1809, Sir, — The pressure of the erabargo, although sensibly felt by every description of our fellow citizens, has yet been'cheerfuUy borne by most of them, under the conviction that it was a teraporary evil, and a neces sary one lo save us from greater and more perraanent evils, — the loss of properly and surrender of rights. But it would have been raore cheer fully borne, but for the knowledge that, while honest men were relig- ously observing it, the unprincipled along our sea-coast and frontiers were fraudulently evading it; and that in some parts they had even dared to break through il openly, by an armed force too powerful to be opposed by the collector and his assistants, T'o put an end lo this scan dalous insurbordinalion to the laws, the Legislature has authorized the President to empower- proper persons to employ militia, for preventing or suppressing arraed or riotous assemblages of persons resisting the custom-house officers in the exercise of their duties, or opposing or vio lating the embargo laws. He sincerely hopes that, during the short time these restrictions are expected to continue, no other instances will take place of a crime of so deep a die. But it is made his duty lo take the measures necessary to meet it. He therefore requests you, as com raanding officer ofthe militia of your State to appoint some offlcer ofthe militia, of knovvn respect for the laws, in or near to each port of entry within your State, with orders, when applied to by the collector of the district," to asserable immediately a sufficient force of his militia, and lo eraploy them efficaciously to maintain the aulhority of the laws respect ing the embargo, and that you notify lo each collector the officer to whom, hy your aiipointment, he is so to apply for aid when neccessary. He has referred this appointraent to your Excellency, because your knowledge of characters, or raeans of obtaining it, will enable you lo select one who can be most confided in to exercise so serious a power, wilh all the di.s- cretion, the forbearance, the kindness even, which the enforcemeut of the law will possibly admit— ever to bear in mind that the life of a citi zen is never lo be endangered, bul as the last melancholy effort for the maintenance of order and obedience to the laws. J- Feb. 6 1809, a legally warned town-meeting of the inhabitants of St. Al bans unanimously adopted a series of resolutions strongly condemning the course of the nalional administration, and published an address on the subject' The sentiments expressed would be justly condemned, as approaching lo tbe verge of treason, were it not evident that the real purpose was political. Other town-meetings of the same character were held, and these were followed by equally zealous meetings of the Jeffer sonians: so that the temper of the people was hot, bul no examples of re sistance to the laws by force appear. At this period Gov. Tichenor vis ited northern Verraont, doubtiess in consequence of the President's cir cular of Jan. 12, and il is safe lo conjecture that he used the opportunity to advize political opposition to the national administration, instead of resistance to the laws by force.' It was at this juncture, Jan. 26 1809, 'Jefferson's Complete Works, Vol. 6, p. 413. ' Vermont Centinel of Feb 17 1809. 'See letter of A. B. [John Henry] No. 3, Feb. 14 1809, post. 478 Appendix H. that Sir James Craig, Governor General of Canada, determined upon the mission of John Henry to the New England Stales, the details of which follow. The Craig-Henry Correspondence.— 1809.* MESSAGE From the President of ihe United States to Congress, — March 9, 1812. I lay before Congress copies of certain documents which remain in the Department of Stale. They prove that, at a recent period, whUsl the -iThe chiefs in this correspondence were Gov. Craig and John Henry. Sir James Henry Craig was born at Gibralter in 1749, commissioned as ensign in the British army in 1763, and served in America in various positions from 1774 until 1781. He was in the battles of Lexington, Bunker's Hill, Hubbardton, and at Freeman's farm, and was severely wounded in all but the first named. He was made Lieut. General in 1801. "Appoinled commander-in-chief of Canada in August 1807, he proved wholly unfit for a civil station. He,saw in every opponent of his policy a disaffected rebel, seized liberal presses, suppressed opposition, and employed spies. He returned to England, June 19, 1811," and died Jan. 12, 1812. — Drake's .Dictionary of American Biography. John Henry was a native of Ireland, "of one ofthe first farailies in that country, poor, because a younger brother." He came to Philadel phia about 1794 as a steerage passenger. Possessing considerable liter ary ability, he became editor of Brown's Philadelphia Gazette, Having become naturalized, he was appointed captain in the U. S. array in 1798, and for more than a year had command of Fort Jay, on Governor's Island, near New York Citj', and also at Newport R. I., where he quil ted the service, settled upon a farm in Vermont, studied law for five years, and amused hiraself in writing violent articles against the then .Teffersonian adrainistration. For awhile he edited the Post Boy at Windsor, in 1808, and it is probable that he went to Canada wilh Na hum Mower, the publisher of that paper, late iu that year, where he was employed on his mission lo New England in Jan. 1809. Henry indeed stated that " his strictures in the public prints against republican gov ernment attracted the attention of the British Government, Sir James Craig became desirous of my acquaintance. He invited me to Quebec, where I staid some lime. Hence I went to Montreal, where everything 1 had lo fear, and all I had to hope, was disclosed to me," James Fisk, then member of Congress from Verraont, said Henry was " a man of gen tlemanly deportment, and reputed good moral character;" and Sullivan, that "he was a handsome, well-behaved man, and was received in sorae respectable families in Boston, " His services in the mission to New Eng- Appendix H. 479 Uniled Stales, notwithstanding the wrongs sustained by thera, ceased not to obser-ve the laws of peace and neutrality toward Great Britain, and in the raidst of amicable professions and negociations on the part of the British government, through ils publick minister here, a secret agent of that government was employed in certain states, more especially at the seat of government in Massachusetts, in fomenting disaffection lo the constituted authorities of the nation, and in intrigues with the dis affected, for the purpose of bringing about resistance to the laws, and, eventually, in concert with a British force, of destroying the Union and forming the eastern part thereof into a political connection with Great Britain. In addition lo the effect which the discovery of such a procedure ought to have on the public councils, it will not fail to render more dear to the hearts of all good citizens, that happy union of these states, which, under Divine Providence, is the guaranty of their liberties, their safety, their tranquUlity, and their prosperity. James Madison. [Documents Communicated.] A. [Copy.] Philadelphia, Feb. 20, 1812. jbV, — Much observation and experience have convinced me, that the injuries and insults with which the United States have been so long and so frequently visited, and which cause their* present embarrassment, have been owing to an opinion entertained by foreign states, — " That in any raeasure lending to wound their pride, or provoke their tioslility, the government of this country could never induce a great raajority ofits citi zens to concur." And, as many of the evils which fiow from the infiu ence of this opinion on the policy of foreign nations, may be reraoved hy any act that can produce unanimity among all parties in Araerica, I voluntarily lender to you, sir, such means as I possess towards promot ing so desirable and important an object; whicti, if accomplished, can- land were complimented but not rewarded bythe British government; and indignant at this injustice, he revealed the correspondence to President Madison, and received therefor the sum of fifty thousand dollars. Of this sum it has been supposed that he gave forty-nine thousand to Count de Crillon for an estate in France, for which country, with the other thou sand, Henry sailed in March 1812. The count was a scamp, and Henry doubtless lost his money. It was reported, probably not on good au- . thority, that Henry was appoinled High Sheriff of the district of Quebec in April 1812. — Lossing's Pictorial Field-Book ofthe war 0/ISI2, pp. 219, 222; Northern Centinel [Burlington] of March 26, April 2, 16, and 23, 1812; and Benton's Abridgement of Debates of Congress, Vol. iv, pp, 517, 525, The editor has been inforraed by the Hon, Daniel Baldwin that Henry was conspicuous in organizing Washington Benevolent Societies, Vermont occupied a small space in this matter, nevertheless the facts that this was but a renewal, for New England, of the policy of the Brit ish Government as to Verraont from 1779 to 1783, as shown in the Hal dimand correspondence, for which see Vol. 11, pp. 396 to 479, and was one of the causes of the war of 1812, justify a reproduction here ofthe entire correspondence. 480 Appendix M. not fail lo extinguish, perhaps forever, those expectations abroad, which may protract indefinitely, an accommodation of existing differences, and check the progress of industry and prosperity in this rising empire, I have the honor to transrait herewith the documents and correspond ence relating to an iraportant raission, in which I was emiiloyed by Sir Jaraes Craig, the late governor general of the British provinces in North Araerica, in the winter of the year 1809, The publication of these papers will demonstrate a fact not less valu able than the good already proposed; it will prove that no relijitice ought to be placed on the professions of good faith of an adrainistration, which, by a series of disastrous events, has fallen into such hands as a Castlereagh, a AVellesley, or a Liverpool — I should rather say, into the hands of the stupid subalterns, to whora the pleasures, and the indo lence of those ministers, have consigned it. In contributing lo the good of the United States by an exposition, which cannot (I think) fail to solve and melt all division and disunion among its cilizens: I flatter my self with the fond expectation, that when it is raade publick in Eng land, it will add one great motive lo the many that already exist, to in duce that nation to withdraw ils confidence from men, whose political career is a fruitful source of injury and embarrassment in America; of in justice and misery in Ireland; distress and apprehension in England; and contempt everywhere. In making this communication lo you, sir, I deem it incumbent on me, distinctly and unequivocally to stale, that I adopt no party views; that I have not changed any of my political opinions; that 1 neither seek nor desire the patronage, nor countenance of an'> government, nor of any jiarty; and, that, in addition to the motives already expressed, I am influenced by a just resentment of ihe perfidy and dishonour of those who first violated ihe conditions upon which I received iheir confidence; who have injured mo, and disappointed the expectations of ray friends; and left me no choice, but between a degrading acquiescence in injustice, and a retaliation, which is necessary to secure to me ray own respect, T'his wound will be felt where il is merited; and if Sir James Craig still live, his share ofthe pain will excite no sympathy among those who are at all in the secret of our connection, I have the honor lo be, &c, &c, (Signed) ' J, Henry, To James Monroe, Esq., Secretary of State. No, I, [Copy.] — Mr. Ryland, Secretary io Sir James Craig, Govemor General of Canada, to Mr. Henry, Most secret and confidential. Quebec, January 26, 1809. My Dear Sir: The extraordinary situation of things at this tirae in the neighbouring states, has suggested to the Governor in chief, the idea of employing you on a secret aud confidential mission to Boston, provi ded an arrangement can be made to meet the important end in view, without throwing an absolute obstacle in the way of your professional pursuits. The information and political observations heretofore re ceived from you, were transmitted by his excellency io the secretary of state, who has expressed his particular approbation of them; and ihere is no doubt ihat your able execution of such a mission as I have above suggested, would give you claim not only on the Govemor General, but on his majesty's ministers, which migtit eventually contribute to your Appendix H. 4gl f!lT-!.''f^ ^°" T'" '''}^^ "''^ goodness therefore to acquaint me for his excellency;s information, whether you could make it Convenient {o engage in a mission of this nature, and what pecuniary assistance would be requisite to enable you to undertake il witiiout injury to yourself At present it is only necessary for me to add, that the governor would furnish you with a cypher for carrying on your correrpondence; and that in case the leading party in any of the states wished to open a com- niunication with this governraent, their views raight be comraunicated through you. I am with great truth and regard, &c. (Signed) Herman AV. Ryland. No. II. [Copy.]— Sir James Craig, Gov. Gen. of Canada, to Mr. Henry, Most secret and confidential. Quebec, February 6, 1809. , iSir,— As you have so readily undertaken the service, which I have suggested to you, as being likely to be attended with much benefit to the publick interests, I am to request that with your earUest conven- iency, you will proceed to Boston. Ttie principle object that I recommend lo your attention, is the en deavor lo obtain the most accurate information of the true state of affairs in that part of the Union, which frora its wealth, the number of its inhabitants, and the known intelligence and abUity of several of ils leading men, raust naturally possess a very considerable infiuence over and will indeed probably lead the other eastern stales of Araerica in the part that they raay take at this iraportant crisis, I shall not pretend to point out to you the mode by which you will be most likely to obtain this important inforraation; your own judgment, and the connections which you may have in the town, raust be your guide, I think it however necessary to put you on your guard against the sanguineness of an aspiring parly; the federalists as I understand, have at all times discovered a leaning to this disposition, and their be ing under its particular infiuence at this raoraent, is the raore to be ex pected frora their having no ill founded ground for their hopes of being nearer ihe attainment of their object than they have been for some years past. In ttie general terms which I have made use of in describing the ob ject which I recommend to your attention, it is scarcely necessary that I should observe, I include the state of the publick opinion, both wilh re gard lo their internal politicks, and to the probability of a war with England; the comparative strength of the two great parties into which the country is divided, and the views and designs of that which may ul timately prevail. It has been supposed that if the federalists of the eastern states should be successful in obtaining that decided infiuence, which raay enable thera lo direct the publick opinion, il is not improbable that rather than submit -to a continuance of tho difficulties and distress to which they are now subject, they will exert that influence to bring about a separation frora the general union. The earliest information on this subject may be of great consequence to our government, as il raay also be, that it should be inforraed, how far in sucli an event they would look up to England for as sistance or be disposed to enter into a connection with us. Althouo-h it would be highly inexpedient that you should in any man ner appear as an avowed agent,- yet if you could contrive to obtain an 31 4,82 Appendix R. intimacy with any ofthe leading parly, it may not be improper that you should insinuate, though with great caution, that if they should wish to enter into any communication with our government through me, you are au thorized to receive any such, and will safely transmit it io me; and as it may not be impossible that ttiey should require some document by which they may be assured that you are really in the situation in which you represent yourself, I enclose a credential to be produced in that view; but I most particularly enjoin and direct that you do not make any use of this paper, unless a desire to that purpose should be expressed, and unless you see good ground for expecting thai ihe doing so may lead to a more confidential communication ttian you can otherwise look for. In passing through the state of Vermont, you will of course exert your endeavours to procure all the information that the short stay you will probably make there will admit of You will use your own discre tion as lo delaying your journey, with this view, more or less in propor tion to your prospects of obtaining any information of consequence, I request to hear from you as frequently as possible, and as letters di rected to me might excite suspicion, it may be as well, that you put them under cover to Mr , and as even the addressing let ters always lo the same person might attract notice, I recommend your soraetiraes addressing your packet to the chief justice here, or occasion ally, though seldom, lo Mr Ryland, but never wilh the addition of his offlcial description, I ara, &c, (Signed) J, H, Craig, No, III, Copy of the " Credential " given by Sir James Craig to Mr, Henry, [seal.] Sir,— The bearer, Mr. John Henry, is employed by rae, and full con fldence raay be placed in him for any communication which any person may wish to make to me, in ihe business committed to him. In faith of which, I have given him this under my hand and seal at Quebec, this 6th day of February, 1809, (Signed) J, H, Craig, No. IV. Copies of the letters from Mr. Henry io Sir James Craig, relating to his mission io ihe United States,. in the year 1809. No. 1, Answer to the Leiier of Mr, Secretary Ryland, proposing the mission, &c. Montreal, January 31, 1809, Sir,— I have to acknowledge the favour of your letter, ofthe 26th inst, written by the desire of his excellency, the governour in chi«f, and hasten lo express through you to his excellency, my readiness to comply with his wishes, I need not add how very flattering it is to receive from his excellency, the assurance of the approbation of his majesty's secretary of state, for- the very humble services that I may have rendered. If the nature of the service in which I am to be engaged, will require no other disbursements than for ray individual expenses, I do nol appre hend that these can exceed my private resources, I shall be ready to take ray departure before my instructions can he made out, I have the honour, &c, J. H, Appendix H. 483 No, 2, To his Excellency the Governour General &c, in answer to his letter of in structions, &c, &c, Montreal, February 10, 1809, Sir,— I have the honour lo acknowledge the receipt of your excellen cy's letter of instructions, the letter of credence, and the cypher for car rying on my correspondence, I have bestowed much pains upon the cypher and am, notwithstanding this, deficient in sorae point, which might enable me to understand it clearly, I have compared the exara ple with my own exemplification of the cypher, and find a difference in the results; and as the present moment seems favourable to the interfer ence of his raajesty's government, in the measures pursued by the fed eral parly in the northern states, and more especially as ttie assembly of Massachusetts is now in session, I think it belter to set forward imrae diately, than wait for any farther explanation of the means of carrying on a secret correspondence, which the frequency of safe private convey ances to Canada will render almost wholly unnecessary. Should it, how ever, be necessary al any time, I take leave to suggest that the index alone furnishes a very safe and simple mode. In it, there is a nuraber for every lelter in tbe alphabet, and particular nurabers for particular phrases; so that when I do not flnd in the index the particular word I want I can spell il with the flgures which sland opposite to the letters. For example, if I want to say that " troops are al Albany," I flnd under the lelter " T," that number 16 stands for " troops," and number 125 for " Albany," The intervening words " are at " I supply by flgures cor responding with the letters in these words. It will be necessary to provide against accident, by addressing the let ters lo Mr , of Montreal, with a small raark on the corner of the envelop, which he will understand. When he receives il, he will then address the enclosure lo your excellency, and send it from Montreal by raail, I will be careful not to address your excellency in the body ofthe letter, nor sign ray name to any of thera. They will be merely desig nated by the initials A, B, If this mode should in any respect appear . exceptionable, your excellency will have the goodness to order a more particular explanation of the card. It would reach me in safely en closed to Boston, I have the honor, &c, J, H, No. 3. Burlington, Vermont, Feb, 14, 1809, Sir, — I have remained here two days, in order fully to ascertain the progress of the arrangements heretofore made, for organiziug an effl- cient opposition to the general government, as well [as] to become ac quainted with the opinions of the leading people, relative to the meas ures of that party which have the ascendant in the national councUs, On the subject of the embargo laws, there seems lo be but one opin ion; namely, that they are unnecessary, oppressive, and unconstitu tional. It must also be observed, that the execution of them is so invid ious, as to attract towards tbe offlcers of government, the enmity of the people; which is, of course, transferable to the government itself; so that, in case the state of Massachusetts should take any bold step towards resisting the execution of these laws, it is highly probable, that it may calculate upon the hearty co-operation of the people of Vermont, ... , , ,, I learn that the governour of this stale is now visiting the towns in the northern section of it; aud makes no secret of his determination, as commander in chief of the mUitia, to refuse obedience to any comraand from the general government, which can lend to interrupt the good un- 484 Appendix M. derstanding that prevails between the citizens of Vermont and his maj esty's subjects in Canada. It is farther intimated, that in case of a war, he will use his influence lo preserve this state neutral, and resist, with all the force he can command, any attempt to make il a parly. I need nol add, that, if these resolutions are carried into effect, the state of Vermont raay be considered as an ally of Great Britain.* To what extent the sentiments wtiich prevail in this quarter, exist in the neighbouring stales, or even in the eastern section of this state, I am nol able lo conjecture. I only cau say, with certainty, that the leading men ofthe federal party acl in concert; and, therefore, infer that a com mon sentiment pervades the whole body, throughout New England. I have seen a letter from a gentlemen now at Washington, to his cor respondent in this place; and as its contents may serve to throw some light on passing events there, I shall send either the original or a copy with this despatch. The writer of the letter is a man of character and veracity; and whether competent or nol to form correct opinions him self, is probably within the reach of all the knowledge that can be ob tained by the party to which he belongs. It appears by his statement that there is a very formidable majority in Congress on the side of the administration; notwithstanding which, there is every reason to hope that the northern states, in their distinct capacity, will unite and resist by force, a war wilh Great Britain, In what mode this resistance will first show itself, is probably not yet de- ' Gov, Tichenor was doubtless at this time visiting northern Verinont in the discharge of the duty assigned by the President's circular letter of Jan, 17 1809,* Henry did not see him, as he wrote that he learned that the governor had expressed the views reported, Al that lime both political parties in the state were highly excited, and Henry gave the hue to his report which he knew would be acceptable to his employer, and probably hoped would be proved true. It was in the summer of the same year that Josiah Dunham was sent to Gov, Craig lo ask Canadian legislation for the suppression of counterfeiting, and this was charged by the Jeffersonians to be a political mission,t It was in answer lo this charge that Dunhara printed the correspondence which is given in Ap pendix J, As tq Gov, Tichenor and hiraself he added as follows; It may not be improper here lo add, what raay be necessary to re move sorae erroneous impressions, and what I ain ready to certify [pn oath,'\X_ That the subject of the above correspondence is the only subject, on which I was the tiearer of any coramunication to any person in Can ada, either orally or in writing; "That I never heard, while in Canada, frora any person whatever, the least hint on the subject of a separation ofthe States, or of a union with Canada; and that I (lid not tiear a word uttered, by any respectable person, in the Province, disrespectful to the governraent and constitution of the United States, I, moreover, certify and declare, that so far from having ever heard Gov, Tichenor advance any sentiments favorable to a dissolution of ihe Union, I have heard hira declare, with sorae warrath, that the man who should seriously advocate such a doctrine, of whatever party he might be, must be an enemy to his Country, J, Dunham^I * See ante, p, 477, t The WashiTiijtonian of Aug, 13 1810, tThe words lu brackets are interlined in -writing on the newspaper ; probably by Mr, Duuham, II The Washingtonian of Aug, 13 1810. Appendix H. 485 termined upon ; and may, in some measure, depend upon the reliance that the leading men may place upon assurances of support from his maj esty's representative in Canada; and as I shall be on the spot to lender this whenever the moment arrives that it can be done with effect, there is no doubt that all their measures may be made subordinate to the in tentions of his majesty's government. Great pains are taken by the men of talents and intelligence to conflrm the fears ofthe common peo ple, as to the concurrence of the southern democrats in the projects of France; and everything tends lo encourage the belief, that the dissolu tion of the confederacy will be accelerated by the spirit which now ac tuates both political parties. I am etc. A. B. No. 4. Windsor, Vermont, Feb. 19, 1809. Sir, — My last (No. .3) was written at Burlington, the principal town in the northern part of the state of Verraont. I am now at the princi pal town in the eastern section. The fallacy of men's opinions, when they acl under the influence of sensibility and are strongly excited by those hopes which always ani mate a rising parly, led me lo doubt the correctness of opinions which I received in the northern section of this state; which, from its contigu ity to Canada and necessary intercourse wilh Montreal, has a stronger interest in promoting a good understanding with his majesty's govern ment: therefore, since my departure from Burlington, I have sought every favourable occasion of conversing with the democrats on the proba ble result of the policy adopted by the general governraent. The differ ence of opinion is thus expressed: The federal party declare that, in the event of a war, the stale of Ver mont will treat separately for itself with G, Britain, and support, lo the utmost, the stipulations into which it may enter, without any regard lo the policy of the general government. The democrats, on the other hand, assert that, in such a case as that contemplated, the people would be nearly divided into equal nurabers; one of which would support the goverumenl, if it could be done without involving the people in a civil war, bul, al all events, would risk every thing in preference to a coali tion with Greal Britain, This difference of opinion is not to be wholly ascribed to the prejudices of party. The people in the eastern section of Vermont, are not operated upon bythe same hopes and fears as those on the borders of ttie British colony. They are not dependent on Mon treal for the sale of their produce, nor the supply of foreign commodities. They are nol apprehensive of any serious dangers or inconvenience from a state of war; and although they admit that the governour, coun cil, and three fourths of the representation in Congress are of the fed eral party, yet they do not believe tbat the slate vvould stand alone and resist the nalional government. They do not, however, deny that should the state of Vermont continue lo tie represented as it is at pres ent, it would, in all probability, unite with the neighbouring slates in any serious plan of resistance to a war, which it might seem expedient lo adopt. This, I think, is the safer opinion for you lo rely on, if, in(leed, reliance ought to be placed on any measure depending upon the will of the rabble, which is ever changing, and must ever be marked with igno rance, caprice, and inconstancy. As the crisis approaches, the diffi culty of deciding upon an hazardous alternative wUl increase; and, un fortunately, there is not in Vermont any man of commanding talents, capable of attracting general confidence, of infusing into the pe(3ple his own spirit, and amidst the confusion of conflicting opinions, dangers and commotion, competent to lead in the path of duty or safety. The 486 Appendix S. governour is an industrious, prudent man, and has more personal influ ence than any other: but his abilities are nol suited to the situation in which a civil war would place him. I am, &c. A. B. No. 5. Amherst, N. Hamp. Feb. 23, 1809. Sir, — A Gentleman going direct to Canada, affords a safe and favoura ble opportunity of giving you some further account of my progress. I will not make use of the post offlces when I can avoid il; because private occasions supersede the necessity of wriling in cypher, and the conterapt of decency and principle, which forms part of the morals of the subaltern officers of a democracy, would incline them to break a seal with the same indifference that they break their words, when either cu riosity or interest is to be indulged. I have not had sufficient tirae nor evidence to enable me to form any opinion for myself of the lengths to which the federal party will carry their opposition to the national government, in the event of a war. Which may be inferred from the result of the elections of governours which, wittiin two months, will be made in the slates of Massachusetts, New Hampshire, and Rhode Island, From all I know and all I can learn of the general government, I am nol apprehensive of an immediate war. The embargo is the favourite measure; and it is probable that other meaus will be employed to excite England lo commit some act of hos tility, for the sole purpose of placing the responsibility of war on that country; this I most particularly recommend to the consideration of ministers, Th e dread of opposition and of the loss of popularity, will cer tainly keep the ruling party al Washington inactive. They wUl risk any thing bul the loss of power; and they are well aware that their power would pass away with the flrst calamity which their measures might bring upon the common people (from whom ':hal power ema nates;) unless, indeed, they could find a sufficient excuse in the conduct of Greal Britain, This impression cannol be loo deeply felt by his maj esty's ministers; nor too widely spread throughout the British nation, Il will furnish a sure guide in every policy that may be adopted towards the United Stales, I tiave the honour lo be, &c. A, B, No, 6, Boston, March 6, 1809, Sir, — I am favoured with another opportunity of wriling to you by a private conveyance, and think it probable, at this season, that the fre quency of these will render it unnecessary to write lo you in cypher. It does not yet appear necessary that I should discover to any person the purpose of my visit to Boston"; nor is il probable that I shall be cora pelled, for the sake of gaining more knowledge of the arrangements of the federal party in these states, lo avow myself as a regular authorized agent of the British governraent, even to those individuals who would feel equally bound with rayself to preserve, with the utmost inscrutabil ity, so iraportant a secret frora the public eye, I have sufficient means of information io enable me to judge of the proper period for offering the co operation of Great Britain, and opening a correspondence between ihe gov ernour general of British America and'those individuals who, from the part ihey take in the opposition io ihe national government, or the influence they may possess in any new order of things thai may grow out of ihe present differences, should be qualified to act on behalf of the northern states. An apprehension of any such state of things as is pre-supposed by these reraarks begins to subside, since it has appeared by the conduct of the general government that il is seriously alarmed at the menac- Appendix R, 487 ing attitude of the northern stales, Bul although it is believed that there is no probability of an immediate war, yet no doubts are enter tained that Mr, Madison wiU fall upon some new expedient to bring about hostilities. What these may be can only be deduced from what appears to be practicable, A non-intercourse with England and France wUl probably supersede the embargo ; which, by opening with the rest of Europe a partial legitimate commerce, and affording strong temptations lo that which is iUegal, will expose the vessels to capture, detention and erabarrassnient ; will justify the present policy, and produce such a degree of irritation and resentment, as will enable the government of this couutry lo throw the whole blame and responsi bUity of vvar from its own shoulders upon those of the British min istry. If in this the parly attached lo France should calculate with correctness, and the coraraerce of New England should greatly suffer, the merchants being injured and discouraged, would nol only acquiesce in the restrictive system, but even submit to war. On the other hand, should the small traffick permitted by a non-intercourse \kw be lucrative and uninterrupted, the people would be clamorous for more, and soon compel the government to restore the friendly relations between the two countries. While I offer my opinion upon this subject, I cannot but express a strong hope, that if any terms should be proposed by either government to which the other might think proper to accede, that a principal motive to the adjustment of differences, should be understood lo ari'se from the amicable disposition of the eastern states, particularl.y of the state of Massachusetts, This, as it would increase ttie popularity of the friends of Great Britain, could not fail to promote her interests. If it could not be done formally and officially nor in a correspondence between minis ters, still, perhaps, the administration in the parliaraent of Great Brit ain, might take that ground, and tha suggestion would find its way into the papers both in England and America, It cannot be too frequently repeated, that this country can only be governed and directed by the influence of opinion; as there is nothing permanent in its polical institutions, nor are the populace under any cir cumstances to be relied on, when measures become inconvenient and burdensome, I will soon write again; and am yours, &c, A. B, No, 7, [ In cypber. ] Boston, March 7, 1809, ;Sir, — I have now ascertained wilh as much accuracy as possible, the course intended to be pursued by the parly in Massachusetts that is op posed to the measures and politicks ofthe administration ofthe general government. I have already given a decided opinion that a declaration of war is not tobe expected; but, contrary to all reasonable calculation, should the Conoress possess spirit and independence enough lo place their popu larity in jeopardy by so strong a measure, the legislature of Massachu setts will give tone to the neighbouring slates; wiU declare itself perma nent until a new election of raembers; invite a congress lo be composed of delegates from the federal states, and erect a separate governraent for their comraon defence and comraon interest. This congress would probably begin by abrogating the offensive laws and adopting a plajj for the maintenance of tbe power and authority thus assumed. Ihey would by such an act, be in a condition to make or receive proposals from Great Britain; and I should seize the flrst moment lo open a cor respondence with your excellency. Scarce any other aid would be nee- 488 Appendix H. essary, and perhaps none required than a few vessels of war, from the Halifax station, to protect the maritime towns from the liltle navy which is al the disposal (jf the national government, AVhat permanent con nection between Great Britain and this section of the republick would grow out of a civil com raotion, such as might be expected, no person is prepared lo describe; but il seems that a strict alliance must result of necessity. At present, the opposition parly conflne their calculations merely to resistance; and I can assure you that, al this moraent, they do not freely entertain the project of withdrawing the eastern states from the Union, flnding it a very unpopular topick; although a course of events, such as I have already mentioned, would inevitably produce an incurable alienation of the New England from the southern states. The truth is, the coramon people have so long regarded the constitu tion ofthe United States wilh complacency, that they are now only dis posed in this quarter to treat it like a truant mistress, whom they would for a time put away on a separate raaintenance, bul without further and greater provocation would not absolutely repudiate. It will soon be known in what situation publick affairs are to remain, until the meeting of the new Congress in May, al which time also ttiis legislature will again asserable. The two months thai intervene will be a period of much anxiety. In all I have written I have been careful not lo make any impression, analogous to the enlhusiastick confldence, entertained by the opposi tion, nor the hopes and expectations that animate the friends of an alli ance between the northern slates and Great Britain, I have abstracted myself from all syrapthies these are calculated to inspire; because, notwithstanding that I feel the utmost confldence in the integrity of intention of the leading characters in this political drama, I cannol forget that they derive their power from a giddy, incon stant multitude; who, unless, in the instance under consideration, they form an exception to all general rules and experience, will act inconsis tently and absurdly, I am yours, &c. A, B. No, 8, Boston, March 9, 1809, Sir, — In my lelter. No, 6, I took the liberty to express my opinion of the probable effect of the non-intercourse law, intended lo be enacted; and of the raode by wliich Great Britain raay defeat the real intention of the American government in passing il. But as tho sort of irapunity recoraraended, might, in its application to every species of commerce that would be carried on, be deemed by Great Britain a greater evil than war itself, a middle course might easily be adopted, whichwould deprive France of the beneflts resulting from an intercourse with America, without in anj- great degree irritating the maritime states, , The high price of all American produce in France, furnishes a tempta tion which mercantile avarice will be unable lo resist. The consequence is obvious, Bul if instead of condemning the vessels and cargoes which may be arrested in pursuing this prohibited comine-fce, they should be corapelled to go into a Briiish port, and there permitted to sell thera, I think the friends of England in these slates would nol utter a cora plaint. Indeed I have no doubt, that if, in the prosecution of a lawful voyage, the Briiish cruisers should treat the American ships in this manner, their owners would, in the present state of the European mar kets, think themselves very fortunate; as il would save thera the trouble and expense of landing them in a neutral port, and from Ihence, re- shipping them to England, now the best market in Europe, for the pro duce of this country. The government of the Uniled States would Appendix H. 489 probably complain, and Bonaparte becorae peremptory; but even that would only lend to render the opposition in the northern slates raore resolute, and accelerate the dissolution of the confederacy. The gen erosity and justice of Great Britain would be extolled, and the commer cial states exult in the success of individuals over a go-vernment inirai- cal lo commerce, and to whose measures they can no longer submit wilh patient acquiescence. The elections are begun; and I presurae no vig ilance or industry will be remitted to ensure the success of the federal party. I ara, &c. A. B. P. S. Intelligence has reached Boston that a non-intercourse law has actually passed, aud that Martinique has surrendered lo the British forces. No. 9, Boston, March 13, 1809, Sir. — You will perceive from the accounts that will reach you in the publick papers, both from AVashington and Massachusetts, that the fed eralists of the northern states, have succeeded in raaking the Congress believe, that with such an opposition as they would raake to the general government, a war must be conflned to their own territory, and might be even too much for that government to sustain. The consequence" is, that after all the parade and menaces with which the session commenced, it has been suffered to end without carrying into effect any of the plans ofthe administration, except the interdiction of coramercial intercourse with England and France; an event that was anticipated in my former letters. Under what new circumstances the Congress will meet in May, will depend on the stale elections, and the changes that raay in the raean tirae take place in Europe. With regard to Great Britain, she can scarce mistake her true policy in relation lo America. If peace be the first object, every act which can irritate the maritime states ought to be avoided; because the prevailing disposition of these will generally be sufficient to keep the governraent from hazarding any hostile measures. If a war between Araerica and France be the grand desideratura, sorae thing more raust be done; an indulgent and conciliatory policy raust be adopted, which will leave the democrats without a pretext for hos tilities; and Bonaparte, whose passions are too hot for delay, will prob ably corapel this governraent to decide, which ofthe two great belliger ents is to be its eneray. To bring about a separation ofthe states, un der distinct and independent governraents, is an affair of more uncer tainty; and however desirable, cannot be effected but by a series of acts and a long continued policy, tending to irritate the southern and concil iate the northern people. The former are an agricultural, the latter a commercial people. The mode of cherishing and depressing either is loo obvious lo require illustration. This I am aware is an object of much interest in Great Britain; as il would for ever secure the integ rity of his majesty's possessions on this continent; and make the two governments, or whatever number the present confederacy might forra into, as useful and as much subject to the influence of Greal Britain, as her colonies can be rendered. But it is an object only to be attained by slow and circumspect progression; and requires for its consumma tion more attention to the affairs which agitate and excite parties in this country, than Great Britain has yet bestowed upon it. An unpopular war, that is a war produced by the hatred and preju dices of one parly, but against the consent of the other party, can alone produce a sudden separation of any section of this country from the common head. 490 Appendix H. Al all events it cannot be necessary to the preservation of peace, that Great Britain should make any great concession at the present mo ment; raore especially as the more important changes that occur in Eu rope, might render it inconvenient for her to adhere to any stipulations in favour of neutral maritime nations. Although the non-intercourse law affords but a very partial relief to the people of this country, from the evils of that entire suspension of coraraerce lo which they have reluctantly submitted for sometime past I lament the repeal of ttie embargo, because il was calculated lo accele rate the progress of these states towards a revolution that would have put an end lo the only republick that remains to prove, that a govern ment founded on political equality, can exist in a season of trial and dif ficulty, or is calculated to ensure either security or happiness to a peo ple. I am, (&c. A. B. No. 10. ¦ Boston, March 29, 1809. Sir, — Since my leller of the 13th, nothing has occurred which I thought worthy of a communication. The last weeks of this month, and the first of April, will be occupied in the election of governours and other executive offlcers in the New England states. 'The federal candidate in Newhampshire is already elected by a ma- iorily of about one thousand voles. His competitor was a man of large fortune, extensive connections and inoffensive manners. These account for the smallness ofthe raajority. In Connecticut no change is necessary, and none is to be apprehended. In Rhode Island it is of no consequence of what party the governour is a meraber, as he has neither will nor railitary power, being merely president ofthe council. In Massachusetts il is certain that the federal candidate will succeed. A few weeks will be sufflcient in order lo determine the relative strength of parties, and convince Mr, Madison that a war wilh Great Britain is not a raeasure upon which he dare venture. Since the plan of an organized opposition lo tbe projects of Mr. Jefferson was pul into operation, the whole of the New England states have transferred their political power to his political eneraies; and the reason that he has stiU so may adherents is, that those who consider the only true policy of America to consist in the cultivation of peace, have still great confidence, that nothing can force him (or his successor, who acts up to his system or rather is governed by it) to consent to war. They consider all the raenaces and " dreadful note of preparation " to be a mere finesse, in tended only to obtain concessions from England on cheap terms. From every sort of evidence, I confess I am rayself of the same opinion; and am fully persuaded that this farce, which has been acting at AVashing ton, will terminate in a full proof of the imbecUity and spiritless temper of the actors. A war attempted without the concurrence of both par lies, and the general consent ofthe northern states, which constitute ttie bone and muscle ofthe country, must commence without hope, and end in disgrace. It should therefore be the peculiar care of Great Britain to foster divisions between the north and south; and by succeeding in this, she may carry into effect her own projects in Europe, wilh a total disregard of the resentments of the democrats of this country. I am, &c. A. B. No. 11. Boston, April 13, 1809. Sir,— I send to Mr. R. a pamphlet, entitled " Suppressed Documents." The notes and comments were written by the gentleman who has written Appendix H 491 the Analysis, which I senl by a former conveyance. These works have greatiy contributed to excite the fears of the men of talents and prop erty; who now prefer the chance of maintaining their party by open resist ance, and a final separation, to an alliance with France, and a war with England. So that, should the government unexpectedly, and contrary lo all reasonable calculation, attempt to involve the country in a meas ure of that nature, I am convinced (now that the elections have all ter minated favourably,) that none of the New England states would be a party in it. But as I have repeatedly written, the general governraent does not seriously entertain any such desire or intention. Had the ma jority in the New England states continued to approve of the publick measures, it is extremely probable that Greal Britain would now have to choose between war and concession. Bul the aspect of things in this .respect, is changed; and a war would produce an incurable alienation of the eastern states, and bring the whole country in subordination to the interests of England, whose navy would prescribe and enforce the terms upon which the coramercial states should carry, and the agricul tural states export their surplus produce. All this is as well known to the democrats as to the other parly; therefore, they will avoid a war, al least, unlil the whole nation is unanimous fo'r it. Still, when we con sider of what materials the government is formed, it is irapossible to speak wilh any certainly of their raeasures. The past adrainistration, in every transaction, presents to the raind only a rauddy coramixture of folly, weakness and duplicity. The spell by which the nations of Europe have been rendered inert and inefficient, wtien they attempted to shake it off, has stretched its shadows across the Atlantic, and made a majority of the people of these stales alike blind lo duty and to their true inter ests. I am, &c. A. B. No. 12. Boston, April 26, 1809. Sir, — Since my leller No. 11, I have had but little to coraraunicate. I have not yet been able lo ascertain with sufficient accuracy, the rel ative strength of the two parties in the legislative bodies in New Eng land. In all of these stales, however, governours have been elected out of the federal parly; and even the southern papers indicate an unexpected augmentation of federal members in the next Congress. The correspondence between Mr. Erskine and the Secretary of State, at AVashington, you will have seen before this can reach you. It has given much satisfaction to the federal party here, because it proraises an exeraption from the evil they most feared, (a war with England) and justifies their partiality towards Great Britain; which they raaintain, was founded upon a full conviction of her justice, and sincere disposi tion to preserve peace. Even the democrats affect to be satisfied with it; because, as they insist, il proves the efficacy ofthe restrictive system of Mr. .Tefferson. Bul the greal beneflt that wUl probably result from it, will be. that Bonaparte may be induced to force this country frora her neutral posi tion. Baffled in his attempts to exclude frora the continent the manu factures of Greal Britain, he will, most likely, confiscate all Araerican property in his dominions and dependencies, and declare war. Nolhing could more than this contribute to give influence and stability to the British parly. The invidious occurrences of the rebelfion would be for gotten in the resentment of the people against France; and they would soon be weaned frora that attachment to her, which is founded ou the aid that was rendered to separate from the mother country. While 492 Appendix H. Greal Britain waits for this natural, I might say necessary result of the negotiation, would it not be extremely inexpedient to conclude a treaty with the American government. Every sort of evidence and experi ence prove, that the democrats consider their political ascendency in a greal raeasure dependent on the hostile spirit that they can keep alive towards GreatBritain; and recent events demonstrate, that their con duct will be predicated upon that conviction; it is, therefore, not to he expected that they will meet with corresponding feelings, a sincere dis position on the part of England lo adjust all matters in dispute. They are at heart mortifled and disappointed, to find that Great Britain has been in advance of the French government, in taking advantage of the provisional clauses of the non-intercourse law; and if they show any spirit at the next session of Congress towards France, it will be only be cause they will flnd Bonaparte deaf to entreaty and insensible of past favours; or that they raay think il safer lo float with the tide of publick feeling, which will set strongly against hira, unless he keep pari passu with England, in a conciliatory policy, I am, &c. A, B, No, 13, Boston, May 5, 1809, Sir — Although the recent changes that have occurred quiet aU appre hensions of war, and consequently lessen, all hope of a separation of ihe states, I think il necessary to transmit by the mail of each week, a sketch of passing events. On local politicks I have nothing to add ; and as the parade that is made in the National Intelligencer, of the sincere disposition of Mr, Madison to preserve amicable relations with Greal Britain, is, in my opinion, calculated to awaken vigilance and distrust, rather ttian inspire confldence, I shall, (having nothing more important lo write about) take leave lo examine his motives, I am not surprised at his conditional re raoval of the non-intercourse law with respect to G, Britain; because it was made incumbent on him by the act of Congress; But ttie observa tions made ou his friendly disposition towards Great Britain, is a matter of no liltle astonishment. The whole tenour of his political life, di rectly, and unequivocally, contradicts thera; His speech on the British treaty in '99; His attempt lo pass a law for the conflscation of " British debts" and British property; His comraercial resolutions, grounded apparently on an idea of raaking Araerica useful as a colony to France: His conduct while Secretary of State; all, forra an assemblage of prob abilities, tending to convince rae, at least, that he does not seriously de sire a treaty, in which the rights and pretensions of Great Britain would be fairly recognised. It seems irapossible that he should at once divest himself of his habitual animosity and that pride of opinion, which his present situation enables him to indulge; but above all, that he should deprive his friends and supporters of the benefit of those prejudices which have been carefully fostered in the minds of the common people towards England, and which have so materially contributed lo invigo rate and augment the democratick party. AVhatever his real motives may be, it is in this stage of the affair, harmless enough to inquire into the cause of the apparent change. He probably acts under a convic tion, that in the present temper of the eastern stales a war could nol fail to produce a dissolution of the Union; or he may have profited by the mistakes of his predecessor, and is inclined to seize the present opportunity to prove to the world that he is determined to be the Pres ident of a nation, rather than the head of a faction; or he has probably gone thus far to remove the impression on the mind of many, that he was under the influence of France in order that he may, wilh a better Appendix H. 493 grace, and on more tenable grounds, quarrel with Great Britain, in the progress of negotiating a treaty. Whatever his motives raay be, I ara very certain his parly will not support him in any raanly and generous policy. Weak men are sure to temporize when great events call upon them for decision, and are sluggish and inert at the moment when the worst of evils is inaction. This is the character of the democrats in the northern states. Of those of the south I know but little. I ara, &c. A. B, No, 14, Boston, June 25, 1809, Sir, — My last was under date of the 5th instant. The unexpected change that has laken place in the feelings of political men in this coun try, in consequence of Mr, Madison's prompt acceptance of the friendly proposals of Great Britain, has caused a ternporary suspension of the confiict of parties, and they both regard him with equal wonder and dis trust. They all ascribe his conduct to various motives, but none believe hira to be in earnest. The stale of New York has returned to the assembly a majority of federal members. All this proves, that an anti-commercial faction can not rule the northern states. Two months ago the stale of New York was not ranked araong the states that would adopt the policy of that of Massachusetts; and any favourable change was exceedingly problem atical, I beg leave lo suggest, that in the present state of things in this coun try, my presence can contribute very little to the interests of Great Britain, If Mr, Erskine be sanctioned in all he has conceded, by his majesty's ministers, it is unnecessary for me, as indeed it would be una- ¦ vailing, to make any attempt lo carry into effect the original purposes of my mission. While I think it to be my duty to give this intimation to you, I beg it may be understood that I consider myself entirely at the disposal of his majesty's government; and am, &c. A, B. No, 15, Montreal, June 12, 1809, Sir, — I have the honor to inform your excellency, that I received through Mr, Secretary Ryland your excellency's commands to return to Canada; and after the (lelays incident to this season of the year in a journey from Boston, arrived here yesterday. Your excellency will have seen by the papers of the latest dates from the United States, that a formidable opposition is already organized in Congress to the late measures of Mr, Madison; and it is very evident, that if he be sincere in his professions of attachment to Great Britain, his party will abandon him. Sixty-one merabers have already voted against a resolution to approve of what he has done; and I have no doubt the rest of the democratick party wUl follow the example as soon as they recover from the astonishment into which his apparent defection has thrown them-. The present hopes of the federalists are founded on the probability of a war with France; but al all events this party is strong and well organ ized enough lo prevent a war with England, II would be now superfluous to trouble your excellency with an account ofthe nature and extent ofthe arrangements, raade bythe federal party, lo resist any attempt of the government unfavourable to Great Brit ain, They were such as to do greal credit to their abUity and principles ; and while a judicious policy is observed by Great Britain, secure her in terests in America from decay. My fear of inducing a false security on the part of his majesty's government in their efficiency, and eventual 494 Appendix H. success, may have inclined me to refrain from doing them that justice in my former letters, which I wUlingly take the present occasion lo express. I trust your excellency will ascribe the style and manner of my com munications, and the frequent ambiguities introduced in them, as aris ing from the secrecy necessary to be observed, and my consciousness that you understood my meaning on the most delicate points, without risking a particular explanation, I lament that no occasion commensurate to my wishes, has permitted me to prove how much I value the confidence of your excellency, and the approbation already expressed by his majesty's minister. I tiave the honour lo be, &c. I certify, that the foregoing letters are the same referred to in the letter of H. "W. Ryland, Esq. dated May 1st, 1809, relating to the mis sion in which I was employed by Sir James Craig, by his letter of in structions, bearing date February 6, 1809. (Signed) JOHN HENRY. No. V. [Copy,] Mr. Ryland to Mr. Henry. Quebec, May 1, 1809. My Dear Sir, — The news we have received this day from the States, will, I imagine, soon bring you back lo us, and if you arrive al Mon treal by the middle of June, I shall probably have the pleasure of meeting you there, as I am going up with Sir James and a large suite. The last letters received frora you are to ttie 13lh AprU ; the whole are now transcribing for the purpose of being sent home, where they cannot fail of doing you great credit, and I most certainly hope ihey may eventually contribute io your permanent advantage. It is not necessary to repeat the assurance that no effort within the compass of my power shall be wanting to this end, I am cruelly out of spirits at the idea of old England truckling to such a debased, and accursed governraent, as that of the United Slates, I am greatly obliged to you for the trouble you have taken, in procur ing the books, though, if Spain fails, I shall scarcely tiave heart lo look into them. I can add no more now, but that I am, most heartily, and affectionately, yours, H, W, R, [Copy,] Mr. Ryland to Mr. Henry, May 4, 1809, My Dear Sir,— You must consider the short letter I wrote to you by the last post as altogether unofficial; but I am now to intimate to you, in a more formal manner, our hope of your speedy return ; as the object of your journey seems, for the present, at least, to be at an end. We have London news, by the way of the river, up to the 6lh March, which tallies lo a day with what we have received by the way of the States. Heartily wishing you a safe and speedy journey back to us, I am, my dear sir, most sincerely, yours, H. "VV. R, Have the goodness to bring my books with you, though I shall have little spirit to look into them unless you bring good news from Spain, Appendix S. 495 [Copy,] No, VI, Mr. Henry's Memorial to Lord Liverpool, enclosed in a Letter to Mr. Peel, of ihe 13ih June, with a copy of that Letter. The undersigned most respectfully submits the following statement and memorial lo the earl of Liverpool; Long before, and during the administration of your lordship's prede cessor, the undersigned bestowed rauch personal attention to the state of parlies, and to the political measures in the United States of America, ********* Soon afler the affair of the Chesapeake frigate, when his majesty's governour general of Briiish America had reason lo believe that ttie two countries would be involved in a war, and had subraitted to bis majes ty's ministers the arrangements of the English parly in the United States, for an efficient resistance to the general government, which would probably terminate in a separation of the northern States from the general confederacy, he applied to the undersigned lo undertake a rais sion lo Boston, where the whole concerns of the opposition were man aged. The object of the mission was, to promote and encourage the federal party lo resist the measures of the general government; lo offer assurances of aid and support from his raajesty's governraent of Canada; and to open a coramunication between the leading men engaged in that opposition and the governour general, upon such a fooling as circumstan ces might suggest; and flnally, to render the plans then in contempla tion, subservient to the views of his majesty's government.* Ttie undersigned undertook the raission, which lasted from the month of January to the month of June, inclusive, during which period * * * those public acts and legislative resolutions of the assemblies of Massa chusetts aud Connecticut were passed, which kept the general govern ment of the Uniled Stales in check, and deterred it from carrying into execution the measures of hostility with which Great Britain was men aced. For his services on the occasion herein recited, and the loss of lirae, and expenses incurred, the undersigned neither sought nor received any compensation, but trusted to the known justice and liberality of his majesty's government, for the reward of services which could not, he hurnbly conceives, tie estimated in pounds, .shillings and pence. On the patronage and support which was promised in the letter of sir J. Craig, under date of the 26th January, 1809, (wherein he gives an assurance " that the former correspondence and political information transmitted hy the undersigned, had met with the particular approbation of his maj esty's secretary of state; and that his execution ofthe mission (proposed to be undertaken in that letter,) would give hira a claim nol only on the governor geueral but on his majesty's ministers,") the undersigned has relied; and now most respectfully claims, in whatever mode the earl of Liverpool may be pleased to adopt. Ttie undersigned most respectfully takes this occasion to slate, that sir James Craig proraised hira an eraployment in Canada, worth upwards of one thousand pounds a year, by his leller (herewith transmitted) un der date, Sept. 13, 1809, which he has just learned has, in consequence of his absence, been given lo another person. The undersigned ab stains from commenting on this transaction; and most respectfully sug gests that the appointment of judge advocate general of the province of Lower Canada, wilh a salary of five hundred pounds a year, or a consu late in the United Slates sine curia would be considered by him as a • vide the despatches of Sir J. Craig In June 1808. 496 Appendix H. liberal discharge of any obligation that his majesty's government may entertain in relation to his services. Copy of a Letter io Mr. Peel, enclosing ihe foregoing. Sir,— I take leave to enclose to you a memorial addressed lo the earl of Liverpool, and beg you will have the goodness either to examine the documents in your office-or those in my own possession, touching the extent and legitimacy of my claim. Mr. Ryland, the secretary of Sir J. Craig, is now in London, and frora his official knowledge ofthe transactions and facts, alluded to in the me morial, can give any information required on that subject. I have the honour, &c. "^ (Signed) J. H. June 13, 1811. No. VIL [Copy.] — Mr. Peel, Secretary io Lord Liverpool, to Mr. Henry, dated Downing Street, June 28, 1811. Sir, — I have not faUed to lay before the earl of Liverpool the memo rial, together with its several enclosures, which was delivered to me a few days since by general Loft, al your desire. His lordship has directed me lo acquaint you, that he has referred to the correspondence in this ofiice of the year 1808,' and flnds two letters from Sir James Craig, dated April 10, and May 6, transmitting the cor respondence that has passed during your residence in the northern states of America, and expressing his confldence in your ability and judgraent; but Lord Liverpool has not discovered any wish on the part of Sir James Craig, that your claims for compensation should be refer red to this country, nor indeed is allusion made to any kind of arrange ment or agreement, that had been made by that officer wilh you. Under these circumstances, and had not sir .James Craig determined on his immediate return to England, it would have been lord Liver pool's wish to have referred your memorial to him, as beiug better ena bled to appreciate the ability and success with which you executed a mission undertaken at his desire. Lord Liverpool will however trans mit it to sir James Craig's successor in the government, wilh an assur ance, that from the recommendations he has received in your favour, and the opinion he has formed on your correspondence, he is convinced the publick service will be benefltted by your active employment in a publick situation. Lord Liverpool will also feel himself bound to give the sarae assur ance to the Marquis Wellesley, if there is any probability that it will advance the success of the application which you have made to his lord ship, I am, &c, (Signed) Robert Peel, J. Henry, Esq, 27, Leicester Square, No, VIIL No other answer than a despatch lo Sir George Prevost, and the letter marked B, [Copy,] Mr. Henry io Mr, Peel, 27, Leicester Square, London, Sept, 4, 1811. Sir, — I have just now learned the ultimate decision of my lord Wellesley, relative to the appointment which I was desirous to obtain, and flnd that the subsisting relations between the two countries forbid ' Doubtiess 1809. Appendix H. 497 the creating a new offlce in the United Slates, such as I was solicitous to obtain. In this state of things, I have not a moment lo lose in re turning to Canada, and have taken my passage in the last and only ship that saUs for Quebec this season. As 1 have not tirae to enter de novo into explanations with the genUeraan who is in your office; and as I have received assurances frora you, in addition to the letter of ray lord Liver pool, of the 27th of June, that " his lordship would recommend me to the governour of Canada, for the flrst vacant situation that I would accept," I beg the favour of you, to advise me how I am to get that recommen dation, without the loss of time, I have the honour, &c, J, PI, B, No, IX, [This is the same as B, No, X,] No, X, [Copy,] Mr, Ryland to Mr, Henry. Tuesday Evening, July 2, 1811, Dear Henry, — It gives me real pleasure to flnd, that the apprehension I had formed, witti respect to the fulfllment of your expectations, is likely to prove erroneous. As every thing which passed relative lo your raission was in writing, 1 think you will do well in submitting to Mr. Peel all the original papers. I, rayself, could give no other information relative to the subject, than what they contain, as you and I had no op portunity of any verbal communication respecting it, till after your rais sion terrninated, and I never wrote you a letter in the governour's name which had not previously been submitted to his correction. The impression I had received of your character and abilities raade rae anxious lo serve you, even before I had the pleasure of a personal acquaintance wilh you, and the sarae desire has operated on me ever since; I am, therefore, entitled to hope, that any opinion which I raay have given you as to your best mode of obtaining an employraent un der government, will be received with the same candour that gave rise to il, I think you will do well to persevere as you propose, I have no doubt that every letter from you, which Sir James sent home, will be found in Mr, Peel's offlce, as the established practice there is, to bind the despatches and enclosures, yearly, up together. Sincerely wishing you every success, I am, &c. f Signed) H, W, RYLAND, B, Lord Liverpool's despatch to Sir George Prevost, wiih its enclosures, dated Downing Street, Sept 16, 1811, Sir,— Mr, Henry, who will have the honour of delivering this letter, is the gentleman who addressed to me the meraorial, a copy of which I herewith transmit, and lo whom the accompanying letter from Mr, Peel was written by my direction. In compliance with his request, I now fulfil the assurance which I have given of stating to you my opinion of the ability and judoment which Mr, Henry has manifested on the occasions mentioned in his me morial, and of the benefit the publick service might derive from his ac tive employment in any pubUck situation in which you should think proper to place him, I am, &c, (Signed) Liverpool, Accompanying the foregoing despatch were several documents which were printed in the preceding pages, reprinted in the official report in 32 498 Appendix H. connection with the despatch to show, not only that Henry's revelations were correct, but also that they were known and approved by the Brit ish horae government. It is enough here to indicate them, as foUows, numbers being as in the preceding pages: No. I, Mr, Ryland to Sir James Craig, Jan. 26 1809.— ^n«e, p, 480, No. IL Sir James Craig lo Mr. Henry, Feb. 6 1809.— Ante, p, 481, No, V. Mr, Ryland to Mr, Henry, Ma-. 1 and 4 1809, -Ante, p, 494, No, VI, Henry's memorial to Lord Liverpool, June 13, 1811,— Ante, p, 495. No, VIL Mr, Peel to Mr, Henry, June 28 1811,— Ante, p, 496, Message from ihe President of ihe United States io the Senate, March 12, 1812. I transmit to the Senate a report of the Secretary of State, complying wilh their resolution of the 10th inst, James Madison, REPORT, The Secretary of Slate, to whom was referred the resolution of the Senate of the 10th inst, has the honor to report, that this department is not in possession of any names of persons in Ihe United States, who have, in any way or manner whatever, entered into or countenanced the project or the views, for the execution or attainment of which John Henry was, in the year 1809, employed by Sir James Craig; the said John Henry having named no persons or person as beino concerned in the said project or views referred to in the docuraents laid before Con gress on the 9th instant. Which is respectfully submitted, James Monroe, Department of State, March 12, 1812. Extract from ihe Report of the Committee on Foreign Relations, relative to Henry, Craig, &c, March 19 1812. Although they did not deem it necessary or proper to go into an in vestigation of ttie authenticity of the documents communicated to Con gress on the responsibility of a co-ordinate branch of the government, it raay, nevertheless, be satisfactory to the house lo be inforraed, that the original papers, with the evidences relating to them, in possession of the executive, were submitted lo their examination, and were such as fully to satisfy the coramittee of their genuineness. The circumstances under which the disclosures of Henry were raade to the governraent, involving considerations of political expediency, have prevented the committee from making those disclosures the basis of any proceeding against him. And frora the careful concealraenl, on his part, of every circumstance which could lead to the discovery and punishment of any individuals within the United Slates, (should there be any such,) who were criminally connected with him, no distinct ob ject was presented lo the comraittee, by his coraraunicalion, for the ex ercise of the power with which they were invested, of sending for per sons and papers. On being informed, however, ttiat there was a for eigner in the city of Washington, who lately came to this country from Europe, with Henry, and was supposed to be in his confidence, the com mittee thought proper to send for him. His examination, taken under oath and reduced to writing, they herewith submit to the tiouse. This man called himself Count de Crillon, and his testimony showed that Henry was in England at the time of his letter to Mr. Peel and Appendix H. 499 Liverpool's commendation of hira lo Sir George Prevost, The rest is a relation of what Henry had said to the witness, March 11 1812, Augustus J, Foster, the British minister al Washing ton, wrote to Mr, Monroe, disclaiming " raost soleranly, on his own part, the having had any knowledge whatever of the existence of such a rais sion, expressing his conviction that no countenance whatever was ojven by his associate British officers lo any schemes hostile to the intwnal tranquUity of the Uniled States, aud requesting the Araerican oovern- ment and Congress " lo take into consideralion the character" of the individual who has made the comraunication in question," and " sus pend any further judgment on its merits until the circumstances shall have been made known lo his majesty's government," Extract from the report, or manifesto ofthe causes and reasons of war wiih Great Britain, presented io the House of Representatives, by the Committee of Foreign Relations, June 3, 1812, Your coramittee would be much gratified if thoy could close here the detail of British wrongs; but il is their duty to recite another act of still greater malignity than any of those which have been already brought lo your view. The attempt lo disraeraber our union, and over throw our excellent constitution, by a secret raission, the object of which was to foment discontents and excite insurrections against the consti tuted authorities and laws of the nation, as lately disclosed by the aoent employed in it, affords full proof that there is no bound to the hostUity of the British government towards the United States: no act, however unjustifiable, which it would not comrait to accomplish their ruin. This attempt excites the greater horror from the consideration that it was made while the United Slates and Great Britain were al peace, and an amicable negotiation was depending between thera for the accommoda tion of their differences, through publick ministers regularly oroanized for the purpose, ' In the debate in Congress (House) on Henry's mission, James Fisk of Vermont quoted letters of Mr, Erskine, the British minister who preceded Foster, showing that he had " endeavored- by the most strict and dUigent inquiries into the views and strength of the Federal parly, to ascertain lo what extent they would be willing and able to resist the measures of the party in power;" and again, 16th of February, 1809, conteraporaneous with Gov, Craig's eraployment of Henry, showing that a dissolution ofthe Union had of late, as he had heard, "been' seri ously contemplated by many of the leading people in the eastern di- vision.' 'Amer. State Papers, 1811-15, Boston edition of 1815, pp. 36-84, 160. ' Benton's Abridgement, Vol, iv, p, 519, APPENDIX I. DOMESTIC MANUFACTURES IN VERMONT,— 1809, June 7 1809, Congress by resolution directed the Secretary of the Treasury lo prepare a plan for the application of such mf ans as are within the power of Congress for the purpose of protecting and foster ing the raanufactures of the United Stales, together wilh a statement of the several manufacturing establishments which have been commenced, July 28 the Secretary issued a circular to the several Slates for the pur pose of obtaining the desired information, and Oct, 25, on motion of Charles Rich of Shoreham, the General Assembly of Vermont appointed a committee of one frora each county to prepare a stateraent ofthe man ufactures ofthe State, Nov. 7 the committee reported as foUows: The committee raised by the resolulion introduced by Mr. C. Rich, and directed to prepare a statemenl of the manufactures of this State, respectfully submit the accompanying report: t^-r>t.ton .fr T.rrt.pn WooUn. Clotkiev^s Carding Fum- r- No. Yds. Works. Machines. aces. ^'"''Ses. 62,900 11 9 1 3 100.000143^040 134,045107,200 15 13 2 15 177,000110,000 110,000 40,400 30,000 27,860 uouniies. Bennington No. Yds. 84,100 Windham 120,000 Rutland 170,200 Windsor 269,090 Addison 127,600 Orange 177,000 .Chittenden 128,000 Caledonia 135,000 Franklin 32,600 Orleans 33,000 Essex & G. Isle 28,960 Clothier's Carding Furn Works. Maclmies. aces. 11 9 1 24 16 26 18 3 34 25 15 13 2 19 19 8 8 12 10 7 10 2 4 4 3 3 Amount 1,315,550 1,042,945 163 135 8 26 The above statement, (forges and furnaces excepted) exhibits a view of household manufactures only, which is the result of the best inforra ation your committee have been able lo obtain. In the above statement of cloth may be added that of hosiery and almost every article usually made from wool, cotton, or fiax, which, to an extent nearly sufficient for the common use of families, is raanufactured in this state. It is also be lieved by your comraittee, that larger quantities of bar iron and hollow ware are manufactured annually than is sufficient to supply the inhab itants of this state; there are also 7 paper-mills which, in addition to Appendix 1. 501 supplying our own citizens with paper, raake very large quantities of that article for exportation. There are likewise 4 establishments for the manufacture of cotton and woolen goods in their various branches, which, Ihough in their infancy, proraise to be useful both to the owners and lo the public. The copperas mine at Strafford likewise bids fair to yield a large supply of the important articles of copperas and vitriols. The marble factory, at Middlebury, yields annually a very large quan tity of marble of various kinds, very littie if any inferior to that which is imported from foreign countries, and promises to be profitable to the owners. The furnace and forge at Vergennes, which are included in the above statement, have been erected by a company from Boston, The furnace has been in blast for some lime, and is said to yield from 60 to 70 cwt, of pig iron and ware each 24 hours. The forge is calculated for 8 fires, solely for the purpose of refining iron, all which fiqps it is ex pected will be ready lo comraence the business in a few weeks. The owners of these works have it in contemplation to .extend them to the manufacturiug of steel and ironmongry in their various branches. There is also a slitting raill at Vergennes, and one at Fairhaven, where the rolling and slitting of iron is carried on to a large extent, and it is believed with handsorae profits to the owners. Your ceramittee will only observe further, that omitting lo enumerate the varions other branches of raechanical business, which it is believed is carried on in this stale, and progressing sufficient for the common use ofthe citizens, the foregoing presents a general view of the manufactures of this stale in as correct a manner as the lime and means allotted them would ena ble thera to prepare — which is respectfully submitted by Jacob Galusha, for Committee.'- The resolution of Congress was limited to manufactures, and under this head the committlee might well have embraced al least pot and pearl ashes, if not timber and lumber, which in fact were the most im portant articles exported to Canada in the neighborhood of Lake Cham plain, Of agricultural productions, wheal and pork lo a large amount were al this lime sent to Albany from western, and to Boston and Port land from eastern Vermont, For a resolulion of 1807, recommending the Governor, Council, and members of the House of Representatives to appear al the next session clothed in manufactures of this or other of the United Stales, see ante, p, 182, note 1, ¦^ Printed Assembly Journal for 1809, pp, 64, 66, 127, APPENDIX J. CORRESPONDENCE BETAVEEN GOV. TICHENOR OF VER MONT AND GOV, CRAIG OF CANADA— 1809, On the Suppression of Counterfeiting in Canada, In General Assembly, Nov. 11, 1808. Resolved, the Governor and Council concurring herein. That his Ex cellency ttie Governor of this Stale be, and he hereby is requested to make such comraunication lo the Supreme Executive of the province of Lower Canada as in his opinion will be raost likely to obtain the legis lative aid of that Province to reraove and disperse or otherwise punish that band of counterfeiters which infests the southern borders thereof and are constantly preying upon the properly of the good citizens of this and the Uniled Stales. Read and adopted and sent lo the Governor and Council for concur rence. Attest, M, Post, Clerk. In Council Nov, 11"" 1808, — Read and concurred. Attest, William Page, Jun. Sec. State of Vermont, Secretary of State's Office, Windsor, June Sih, 1809. I Thomas Leverett Secretary of State do hereby certify that the fore going is a true copy of record. In testimony whereof I have hereunto set my hand and seal of [l. S.] office at AVindsor this fifth day [of] June A, D, one thousand eight hundred and nine, Tho, Leverett, Gov. Tichenor io Sir James Henry Craig. State of Vermont, 26th June, 1809, His Excellency, Sir James Henry Craig, Capt. General and Governor in Chief in and over ihe two Provinces of Canada, &c. &c. &c. Sir, — Enclosed herewith I have the honor to transmit to your Excel lency a copy of a resolution of the Legislature of Vermont, passed at their last session, which will explain the object of this comraunication, Capt, Josiah Dunham, late of the United States Army, (in which for several years he held the place of civil and military Commandant ofthe Post of Michilimakinak) is the gentleraan, whom I have thought proper Appendix J. 503 to appoint, to wail on your ExceUency, and to have the honor of layino- before you the subject, for your Excellency's consideration,' . From the alarming height, lo which the evU complained of has arisen, from its very interesting nature lo the Citizens of the United States generally, and particularly to those of the State of Vermont; and more especially from ils so nearly affecting the relations of amity and inter course, which ought ever to subsist between the two countries and their respective Governments, as well as from your excellency's well known liberal and enlightened views; I cannol but flatter rayself, that the pres ent application wUl meet your excellency's favourable notice and sup port. In the abilities and ialegrily of Mr, Dunham I repose araple confi dence. He will be able more fully lo explain the many weighty consid erations, which, at this critical period, render so desirable an amicable arrangement between the respective Governments, on this important subject, and to his representations full credence may be given, AVith all due consideration and respect, I have the honor to be, your Excellency's most obedient servant, Isaac 'Tichenor, Gov. Craig to Gov. Tichenor. Montreal, 12th July, 1809. Sir, — I have received by the hand of Capt. Dunham, the letter, with which your Excellency honored rae, enclosing a resolution ofthe Legis lature of Verraont. You do rae justice, in supposing, that I would willingly lend my aid towards the suppression of the evil, which forms the subject of your letter, I beg leave lo assure you, that the sense I enterlain ofthe prej udice, which is done by it, to the Governraent of the United Stales, and the interests of individuals in them, would alone be a sufficient cause to render me anxious to put a stop lo it: but I have an additional raotive, in the conviction, that such practices have a direct tendency to injure the raorals and to lessen the htbits of industry of the people, among whom those reside, who practice them. As the Law now stands, I fear we do nol possess means adequate to the object in view, and, indeed, it has been this consideration, and the idea, that atlerapling, without being able lo effect it, would rattier serve as an encouragement than otherwise, that has alone hitherto prevented my taking any steps for bringing the persons concerned lo punishment. Legislative assistance, in a new and raore effectual law, is necessary; and had not particular circurastances prevented, il was intended lo have submitted to the Provincial Parliaraent, during the last session, an act, founded upon that passed a few years ago in En.gland, for the purpose, I trust that a more favourable opportunity will offer itself shortiy, when I will not fail to make use of my best endeavors to accomplish an ob ject, which I view as affecting our own interests, under the considera tion to which I have before alluded, as founded upon the strict rules of moral justice, and as called for by the system of amity and friendly re- ' Josiah Dunham established The Washingtonian at Windsor, July 23 1810, and published it until about 1816, He was an able editor, and zealous Federalist, and withal (says the Hon. Daniel Baldwin,) an ele gant and accomplished gentieman. He was Secretary of Stale 1813-15, —Thompson's Vermont, Part II, p, 172; and Vt Legislative Directory, 1876-7, p. 165, 504 Appendix J, lations, which it is so rauch the interest of both countries to uphold tow ards each other, and which it wUl always be my study to cherish and strengthen. I have the honor to be. Sir, your Excellency's Most obedient Hurable Servant, J- H. Craig His Excellency Isaac Tichenor, Esquire, Governor of ihe State of Ver mont, Josiah .Dunham io Gov, Tichenor. Middlebury, Aug. 17, 1809, Sir,— Enclosed I have the honor to transmit you a letter from his Exceilency Sir James Craig, in answer to the coramunication, which your Excellency was pleased to forward by me; and also another letter from the Hon, Judge Ogden. Soon afler my return from Canada, I had sat out to wait on your Ex cellency, at your seat in Bennington, for the purpose of delivering those letters in person, but being informed of your absence frora home, I en trusted them to the care of our friend Mr. [Samuel] Swift. I found Sir James Craig in Montreal; where I had the honor of heing introduced by Mr, Sewall' the Solicitor General, and delivered your letters. The reception I met, and the civilities received, as well from his Excellency as from other leading characters there, were certainly fiattering. On the business with which I had the honor lo be entrusted by your Excellency, Sir Jaraes spoke with freedora and decision. He seeraed lo think the request of our Leoislature to be highly rea sonable; and that an early and prompt attention lo it would be calcula ted to promote the interests of both countries. He expressed a strong disposition to do every thing in his power lo promote so desirable an object; and I have uo doubt but his answer lo the application will be satisfactory lo your Excellency, and lo the Legislature of Vermont, They wUl probably, at the next Session of their Provincial Parliaraent, enact such laws as will render highly penal the evil of which we com plain. This will drive the villains from their country, or bring thera lo the gibbet,- Gentlemen of the first influence raanifest a sincere desire to cultivate a spirit of harmony and coraraercial intercourse between Canada and the States, as rautually beneflcial; and nothing, in my opinion, but a change of relations between the two governments will prevent complete success in the object of the mission. With the most respectful consideration, I have the honor lo be, Sir, Your Excellency's obedient and Very Humble Servant, J, Dunham, Gov, Tichenor to Gov, Galusha. — Extract. Montpelier, Oct, 13, 1809, The Legislature at their last session were pleased lo make it my duty to apply lo the Supreme Executive of the province of Canada, for the legislative aid of that government lo " remove or otherwise punish " a sel of men, who are resident in the southern borders of that govern ment, and who are counterfeiting our Bank paper. The measures whicti I have taken to effect what 1 conceived to be the wish of the Leg islature, and all the official papers on this subject, are contained in the bundle of papers No. 2. ^ Probably Jonathan Sewall, LL. D., a iialive of Cambridge, Mass. Appendix J. 505 It wUl give me pleasure to find that my proceedings in this business, shall be approved by the Legislature, Permit rae to congratulate your Excellency upon your appointraent to the offlce of Chief Magistrate of this State; and to lender you, in great sincerity, my best services, in any raatter tiiat shall relate to the duties of your office, or that shall have a tendency to proraote the inter ests of our Country, I ara most respectfully, &c, &c. I, Tichenor. His Excellency Jonas Galusha, &c, &c, &c. It is evident that this correspondence carae into the possession of the Slate; bul it was never officially published, nor even preserved. For the foregoing copies the editor of this volume is indebted lo Dunham's Washingtonian of Aug, 13 1810, The editors in the Jeffersonian inter est had charged that Dunham's mission was political, and to rebut this charge he printed the correspondence, adding that the mission was suc cessful in obtaining the desired legislation from the Provincial Parlia raent of Canada, The necessity for il and importance of it will be ap preciated on examination of the annual returns of that period of the criminal causes in the courts of Vermont, The returns frora six coun ties in 1808 show sixty-one indictments for counterfeiting, or passing counferfeit money. ADDITION'S AND CORRECTIONS. ORIGIN AND CAUSES OF THE UNION OF NEW HAMPSHIRE TOWNS WITH VERMONT IN 1778 AND 1781, For two years the editor of these volumes has had in his possession . two ofthe three interesting and most important documents on this sub ject, which were communicated to the Continental Congress in 1779, but which could not be found in the archives of the State Department at Washinoton, and the printing of them was deferred in the hope that the third mio-ht be found. This hope has been more than realized, and now the documentary history of the Eastern Union, in contradistinc tion to the AVestern "Union with New York towns, can be satisfactorily completed. For tbe "Observations on the right of jurisdiction," &c,, printed in 1778, acknowledgments are due primarily to Rev, B, P, Smith of- Brookline, Mass,, who found the three documents in the library of the Massachusetts Historical Society; for "A Public Defence of the right of the New-Hampshire Grants," &c,, to Rev, H. A. Hazen of Billerica, Mass.: and for all ofthe other following documents, to Rev. Nathaniel Bouton, D. D., of Concord, N, H,, editor of the Provin cial and Staie Papers of New Hampshire, vvho has indeed furnished aU the documents iu print from fhe sheets of a forthcoming volume of the N II. ataie Papers, Extract of a Leiier from Hon, Meshech Weare to New Hampshire Dele gates in Congress, dated Exeter, Decem'" 16"'. 1776. Gentlemen— "I enclose you an Address of Several Towns in the County of Grafton to the people at large (fabricated I suppose at Dartmouth College).and calculated to stir up contention & animosities among us at this difficult time: Especially as our Government is only temporary & the state of matters not allowing a Revisal. However this Pamphlet with the assi duity of the College Gentlemen, has had such an effect that almost the whole County of Grafton, if not the whole, have refused to send mem bers to the new Assembly, which is to raeet next Wednesday," [M,'W.] ' ' State Pap,'N, H,, Vol. viii, p. 420. Additions and Corrections, 507 [The following is an exact copy ofthe said printed Address:] An I ADDRESS | of the | INHABITANTS | of the | Towns | of ! Plainfield, Lebanon, Enfield, ( alias Relhan ) Canaan, Cardigan, Hanover, Lime, Orford, Haverhill, Bath, and Lan daff, to the Inhabitants of the several Towns in the Colony of New- Hampshire, I NORWICH;' I Printed by JOHN TRUMBULL, M,DCC,LXXVI,' The I INHABITANTS | of a Number of Towns in the Colony of New-Hampshire, to the People of the several Towns throughout said Colony, Friends and Brethren. THE iraportant Crisis is now coraraenced wherein the providence of God; the Grand Continental Congress; and our necessitous circura stances, call upon us lo assurae our natural right of laying a foundation of Civil Governraent within and for this Colony. — Our anxious concern how the present time may be improved, whenever we are acting, not only for ourselves, bul ages yet unborn; and on which the fate of pos terity politically depends, imbolden us to address you in this manner upon ttie important subject. How many mUlions are there in the world, who would count nothing in this life, too dear to part wilh, if they might arrive at such a period; and yet how frequent are the instances, wherein such golden opportunities have been lost, principally through the inat tention of the people; whereby ambitious and designing raon have in- shralled [inlhralled] whole Kingdoras and Empires; and thereby brought itiem to ruin and destruclion. The Tyrant would never rise, nor the Oppressor reign, were it not for the pusillanimous submission ofthe people, who have it in their power to prevent them, and ought to hold the reins of Government in their own hands, Freedora and lib erty never can be lost, nor gained in the hands of Tyrants, but by the lame submission of the subject, or through their criminal neglect, or inattention: and are seldora if ever regained, but by bloody confiicts, AVitness the present day. Who could have thought, even less than twenty years ago, that arbitrary power and oppression ciuld have reigned -predominant in one of the best constitutions (as supposed) in the world, in so short a time; but not more strange than true. This in part, may be accounted for by the parliament's giving up into the hands of the King such power and influence; but principally by the criminal neglect, if nothing worse, ofthe people; who have the right of constituting one main branch of the British parliament. II may be ob served, as a self-evident proposition, that, whenever a people give up their right of representation, they consequentiy give up all their rights and pri'vUeges; this being the inlet or door to arbitrary power and op pression; therefore upon the present exigency of affairs, it behooves every individual, who is a subject of Government, to attend to the im portant business— see and acl for himself No one is excused, as we are all upon an equal footing, and all equally interested.- Therefore let us like free born Americans, know our rights and privileges, and like rational men acl up to our exalted character,— Let us not give occasion ' Norwich, Connecticut. ' A perfect copy of this address, printed as above, is in the Verraont State Library, It was formerly the property of Laban Gates. 508 Additions and Corrections. to our neighbours or posterity lo reproach us, by saying, that we made a glorious stand against the strides of arbitrary power, and oppression; and with our blood and treasure gained the happy conquest, but in the flrst advance we made towards establishing a conslilulion for ourselves and posterity, we either inadvertently or carelessly, gave up our raost essential rights and liberties; or rather that we did nothing to preserve thera, — Upon these considerations. Brethren, are we induced lo treat with you freely upon this subject; which leads us to a particular inquiry into, and observations upon the present state and circurastances ofthe Colony, And 1st, We shall all doublless agree, that the forraer governraent of this Colony was in a raanner absolute; perhaps more so than any ofthe united Colonies especially in point of representation, which was solely under the controul of the chief Magistrate of the Colony; and that it was owing to the goodness of the ruler that we did not feel the whole weight of the iron rod, that was thereby put into his hands: and also that the whole intention of the people now is to abolish the old, and form a new governraent upon a republican establishment, a design the most noble; a free people governing themselves by their own laws, &c. It will also be allowed no doubt, that as the Colony hath formerly tieen divided into Counties, Towns and districts, for the convenient and reg ular governing the same, they will still act as such. Therefore, if there was nothing raore in the way, we should likewise be agreed to take the necessary step for a reraedy in the case, which naturally arises; (viz) as the body is loo large and numerous to acl individually, that the peo ple elect ttieir Representatives, and appoint them a time and place, lo assemble together, for the purpose of Ikying a foundation or form of civil Government, throughout the Colony, But we are nol insensible that there are several objections and embarrassments in the way; and by many, perhaps, thought lo be weighty and important; which, if re moved, w-ill clear the way fbr our unanimous proceeding. Therefore, we shall endeavor to consider, and remove them by fair and reasonable observation. In the flrst place it will be objected no doubt, that there is now sub sisting in the Colony, an Assembly, lately appoinled by the people; who have forraed themselves into a Council, and House of Assembly (as they stile themselves) and that said Assembly have already formed a plan for electing a new Assembly, this insuing fall, for the ttien insu- ing year: And, therefore, it would be preposterous, now to appoint a new Assembly, &c. To which we answer, 1st, That, at ttie tirae, when the merabers of said Assembly were elected, the reasons, which make it now necessary that an Asserably should be appointed, did not exist; As the reasons for calling said Assembly then, and the purpose fbr which they were appointed, was only of a temporary duration: (viz,) to act in the exigencies of the Colony, under their distressed and difficult circumstances, as the case might require. No one we believe thought at that time, they were appointed to institute a lasting plan of Civil Government for the Colony; especiaUy, independant of, and in contra distinction to the Crown of Great Britain; therefore they were nol elected for the purpose ; and consequently have nol the power that an Assembly now ought to have, A FORMER Convention sitting in the Colony elected much as it chan ced to happen under our then broken and confused circumstances, as sumed to themselves the prerogative to regulate and determine how and in what manner the present Assembly should be elected, omitting some towns, uniting half a dozen others together, for the purpose of sending one member only; granting lo some the liberty of sending one, Additions'and Corrections. 509 and to some towns two, and others three, confining the electors in their choice of a Representative to persons of £200 estate and so on, in that manner, as they of their sovereign pleasure thought fit to dictate and accordingly thus sent out their precepts; in which way and manner the present Assembly were elected; By which means, "raany towns are deprived of any representation at all, and many others are so in effect; And therefore, the Colony is far from being properly represented. On this point we are acquainted, that those, who are in favour of the pres ent Assembly, have much lo say, though we apprehend but little lo the purpose. It is argued in the first place, that when there is a number of towns, of which the inhabitants are nol more numerous than some one other lown, that it is not reasonable they should have a greater number of Representatives— To which we answer, 1. That the number of inhab itants in this case, in point of right, argues nolhing in favour of the proposition; for every body politic incorporated with the same powers and privUeges, whether large or sraall, are legally the same. We raay with the same parity of reasoning as well argue, that a small body con sisting of all the constituent parts of a man, is not a man; because there are others of the same species of a rauch larger size: Or that a person al the age of twenty. one, is not legally capable of acting, because there are others of flfty or sixly, that can do no more, — The arguraents may as well be applied in another case as follows, (viz.) That a person, of a large estate in a community, should have the privilege of voting equal to half a dozen others of small estates: Yet we believe even those that are most sanguine for the arguraent, will not insist upon it; al though we cannot see if they gain ttie first, why they may nollhe latter. Notwithstanding, we do not deny, but the legislative boily may, in point of prudence, grant lo the large capital towns in the Colony some greater privUeges in this respect, than the other towns have; btit to unite half a dozen or more towns together, equally, privileged, in order to make them equal to some one other town, is a new practice in politics We may as well take the souls of a number of different persons and say they make but one, while yet they reraain separate and different, as in a po litical sense to compound a nuraber of different corporate bodies into one, and yet they reraain distinct. The very idea destroys their being; but this manner of arguing is only begging the question; For even granting for argument sake, that it is reasonable that some one town in the Colony ought to have as large a part in the representative body, as half a dozen others, or nearly as a whole county; (which is the case in the present Assembly and that County loo consists of above forty towns, the most of which are very considerably settled) yet our assertion holds good; (viz.) That no jierson or body corporate, can be deprived ofany natural br acquired right without forfeiture or voluntary surrender, neither of which can be pretended in the present case; Therefore, they who espouse the argument, are necessarily driven to adopt this princi ple: (viz.) that ene part of the Colony hath a right to curtail or deprive the other part of their natural and acquired rights and privileges, even the most essential, without their consent. The argument is so absurd, that we shall only say, that they who advance such doctrines, and main- lain them, are rank Tories, in the modern sense of the phrase. If this principle must take place, we had better lay down our arras, and spend no more precious blood and treasure in the contest; for it is only de stroying with one hand, and setting up the same thing or that which is worse wilh the other; they who jvill tamely submit to such a govern ment as this, deserve not a cohabitation, amongst a free people. Be sides if there is any reason, why one lown should have a greater share 510 Additions and Corrections. of representation than another, il must be done by enlarging their priv ileges, and not by curtailing the others. We proceed 2dly, to take notice of the proceedings of said Assembly, which we think will serve much to the removing the objection. 1. Ob serve, that the precepts issued out for calling said Assembly directed the people to elect Representatives to sit in Congress, with power, if Ihought advisable, to form theraselves into a House of Representatives for said Colony; and the first step after they had thus formed themselves, was to elect, principally if not wtioUy, from araong themselves, a certain nuraber, called a Council, thus dividing the representative body into two parts, assuming the ti'tie of Council and Assembly of the Colony, &c, — How such a plan of formation came flrst into consideration, we leave fbr others lo judge; For our part we think, that if it was neces sary for part of the representative body lo be sel apart in that capacity, it was raore necessary that they should have, in the first place, appointed sorae person, whom they might have had lo counsel and advise. We can hardly itiink, that at the time of their election, the invention of their constituents so fruitful, or that they were by them thus instructed. Perhaps they might think they were iraitating a neighbouring Colony, but the case is very different, as the other government acted by ancient practices and charters; but ttiis was by mere institution, 2dly. It appears by their publications, that the next principal step was lo settle th« plan of representation for the future. AVheretiy they established their new mode of government; and for this purpose direct the people in the colony, in some future time, to elect twelve persons in the Colony to be a Council, (viz.) Five in ttie county of Rockingham; two in the county of Hillsborough; two in the county of Strafford; two in the county of Cheshire; and one in the county of Grafton: And as to the representative body, that is to be elected in such a way and manner, as the present Asserably shall see cause to direct. This precedent to us, not only appears novel and unintelligible, but alarming; for in all governments where the people elect their Council, they chuse thera at large, without restrictions lo any particular part of the Colony. Il is true, there is a practice in the Massachusetts-Bay, which at first view seems to be soraewhat sirailar, but essentially different; which is this, that upon their receiving their latest charier, there was a union of two aulient governraents; in settiing of which- it was stipulated between thera, that there should be such a number of counsellors in one, and such a nuraber in the other, and such a nuraber at large; which in no way resembles the present case; And we raight with as much propriety lirait the Council to particular towns as counties. 2dly. AVe are al a loss by the modling of this Council, what they would be aiming at. At first view we should conjecture, that they in tended to arrange them in such a manner, (according to their plan of representation) as equally to represent 'the people in the Colony; but when we observe the titie they have given them, it appears this cannot be their intention; for by it they not only exclude them from the repre sentative body, but even the Asserably itself- stiling them when acting in conjunction with the Representatives, The Council and Assembly of the Colony, &c. But we shall leave that matter for their future explana tion, and only add, that if they are not part of the Assembly, iKey ought not lo have a political being in the Colony. 3dly. It is alarming, in that it appears from the whole face of the thing, thai monopolizing and aggrandisement are the principal objects in view; and that this new mode of government is a little horn, growing Additions and Corrections. 511 up in the place where the other was broken off ; for by this plan, the majority of the Couucil are to be chosen out of a part of the Colony ; perhaps not more than one fourth part of the extension of inhabited territory in the Colony; And as the same power that forraed the Coun cU are to regulate the representative body, we raay depend upon it that their conduct will be all of a piece so as to support their new iorraed and insliluted body; as they have reserved to ttiemselves the power of regulating this raatter, as "their wisdora and sovereign pleasure shall dictate. If they meant to establish a plan for future representation, why was il not put on sorae equal footing or rule, whereby the people might be able to judge ofits propriety, and know when they acted upon il or not V But as the case now is, if any town or number of towns are neglected, or deprived of having a Representative, the only remedy is to go with a petition or complaint to the new erected house, praying for redress, &c. And what may be expected for answer? If it is rational il will be this only: that it was not the sovereign pleasure of the forraer Assembly that you should be represented; which will be a full answer. Pray where is the diff'erence between this establishment and the former one, so much coraplained of, except that the Governor had the power in the former, and a number of persons in the latter. Much more might be offered, to obviate the objection, but we think what is said already is sufficient: And shall now proceed lo some others. 2dly, It is ob jected by some, that a large and full representation will be raore expen sive, anda sraall nuraber can do the business sufficiently. — To which we answer — by ihe same parity of reasoning we may say, that one raan is sufficient to do the business, which will make a greater saving still, and so put out our own eyes, and trust to others to lead us. But re meraber, he that gave up his birthright for a sraall mess of pottage, had his fate into the bargain, that his brother should rule over him. — AVe believe this objection arises principally for want of a just estimate of so invaluable a privilege — the other Colonies have thought il necessary, and actually made it a precedent, that every incorporated lown, or dis trict, should be represented by one member at least, and generally two. And it may be observed, almost universally, that where there is a full representation, the people chearfuUy subrait to whatever is done: But especially, in laying the foundation of Government, and establishing a constitution. AVe think it of the utmost importance, that every inhab ited town have the liberty, if they please, of electing one meraber, at least, 16 make up the legislative body— xA.s it may be much questioned, if any one distinct corporate body be neglected, or deprived of actual rep resentation, whether, in that case, they are any ways bound, or included by what the others may do; Certainly, if they are considered in a state of nature, they are not; No, not even an individual person. But sup pose it should be thought prudent at any lirae, by the legislative body, to restrict, or lessen the nuraber of representatives ; it is absolutely necessary that the whole should be active in the matter; in order to surrender their privileges in this case, as they cannot be curtailed without, , , , ,, . 3dly, II will be objected perhaps by many, that to contend about tbis matter al the present time, will have a tendency to stir up division and contentions amongst the people, which would be fatal to the coraraon cause which so much depends upon our union, &c. This objection, at first view appears important: But upon examination wUl vanish. VVe readily a^ree that it is a thousand pities, that when we are engaged in a bloody" contest, merely to oppose arbitrary power without us, we should have occasion to contend against the sarae withm ourselves; es pecially by those who pretend to be friends of liberty.— We iraagine that 512 Additions and Corrections. this objection arises for want of due consideration. We are much mis taken in our views, if we are not proposing that, and that only, which will prevent contentions, and divisions taking place amongst us: And that which will have the most happy effect to unite us in indissoluble bonds of union and. friendship. Certainly, if the observations, we have raade, are just, the objections must cease in the mind of evrery reasona ble person'; for if we consider, that the great object we have in view, for which the present unnatural war is pursued between Britain and us, principally consists in this, tbat there cannot be any legislation or taxa tion without representation: Or in more explicit terms. That no person is, or ought to be subject lo a law, which he had no tiand in making; or lo which he hath not given his consent; or that his property cannot be laken from him, bul by his voluntarily giving it, — Now if the case under consideration be similar, (which we think very plainly appears) are we not pursuing the same general cause ? the only difference is, we are contending against the same enemy within, that is also without: And certainly, if arbitrary power without us, ougtil to be rewarded with vengeance, that within ought to have seven-fold. Therefore, we are persuaded that every one who is a true friend to the liberties of man kind, and has any sense of his own or posterity's good, will think, that the cause well deserves a serious consideration, and speedy remedy. If there were no steps taken towards settling a foundation of govern ment in the Colony, we might more easily be excused al so difficult a time, as the present is : But to our surprise we find the plan already laid, and confirraed, as to the raost essential part — by the present pre tended Assembly. ithly. Perhaps it will be said by some', that the proper remedy in this case would be by petition and remonstrance to said Asserably for relief &c. To this we can say, that it vvas early done by several towns in the Colony; but to no purpose; as the petitions were rejected, and in a raanner treated witti contempt. Besides, if they represent but part of the Colony, and are not legally constituted, it is absurd lo pelition them as a legal body, to grant relief, especially, if in doing it they would de stroy their own political being. The true stale of the case is, that we have no legal power subsisting in the Colony, for the purposes, for which il is now necessary there should be : It is still in the tiands of the people, to whora we address ourselves; and whom we call upon, lo exercise the rights and privileges they have to erect a supreme legisla tive Court for the Colony, in order to lay a foundation and plan of gov ernment in this critical juncture of affairs; And that we no longer re main, as in a state of nature or anarchy; without law or government. Now is the tirae, when we may not only act for ourselves, and posterity, freely, and without controul- but we are called upon to do it; and if this opportunity be lost, we shall not have it renewed again, although we may seek it carefully with tears, when it is too late. The tirae has been, when we have petitioned and prayed lo others, for this' privilege, but to no purpose: And depend upon it, if we sleep on a little longer, we shaU awake up under like circumstances. As for ourselves, we are deter mined nol lo spend our blood and treasure, in defending ag.ainst the chains and fetters, that are forged and prepared for us abroad, in order lo purchase some of the like kind of our own manufacturing,— But mean to hold them alike detestable. Therefore, Brethren, we refer the case, with what we have offered upon it, to your candid perusal— desiring, the sanie may conduce to the general good ofthe inhabitants ofthe Colony; which is the only motive exciting us hereto. And will only add that though we have no desire to dictate in the raatter, yet as it is necessary some method be proposed by which the sentiments of different towns Additions and Corrections. 513 may be known to each other, relative hereto; it is our desire in case any town, or nuniber of towns, concur with us in sentiments as herein ex pressed; that they wUl communicate the same by letters directed to Bezaleel Woodward, Esq; of Hanover, Clerk of the Uniled-Com- niittees, by whora the foregoing address is published; that we raay be able to correspond on the subject; and that some raeasure raay be pur sued whereby our invaluable privUeges may be secured. Signed in behalf of ihe inhabitants of ihe towns before mentioned, by or der oftheir Committee, NEHEMIAH ESTERBROOK, Chairman, Hanover, July 31, A, D, 1776, BEZALEEL WOODAVARD, Clerk, N, B, The meeting of the above mentioned Committees stands ad journed to the second Thursday in October next, then lo be held in the College Hall, in Hanover, at 10 o'clock A. m. Sept, 30 1776, the legal inhabitants paying taxes in the towns of Han over, Canaan, and Cardigan, were required lo meet at Hanover and elect one person having a real estate of the value of two hundred pounds to represent those towns in the Assembly ©f New Hampshire, On the 27th of the following November they did meet and voted unanimously that the preceding address was truly expressive of their sentiments; and also that tbey would not choose a representative as direcied in the precept of the Council and Assembly, for reasons substantially as set forth in the address, ' Observations on the right op jurisdiction claimed by the States of New York and New Hampshire, over the New Hampshire Grants (so called) lying on both sides of Connecticut-River, In a letter to the inhabitants on said Grants. Danvers ; Printed by E. Russell, at his printing— [cut off in trim ming], MDCCLXXVIII,' Friends and Fellow Citizens, My acquaintance with Your Political State and circumstances, and of the difficulties attending You, induces me lo present You with the fol lowing Remarks and Observations, which, according lo my apprehen sion, may serve in sorae raeasure to point out the way for a removal of them: And as my only design is lo promote the Public Good, if it should have that effect, it will much more than compensate Your real Friend for his littie pains,— You will observe, I have proposed lo con sider the Right of Jurisdiction claimed over You by the States of New- York and New-Hampshire,— In prosecuting which I shall begin with the Origin of that Jurisdiction, and pursue it down to the present time. Shall therefore begin by taking notice " that King James the First, by his Patent, dated November 3^- 1620, incorporated the Duke of • N, H. State Papers, Vol. viii, pp. 421-426. ' A very rare pamphlet, found in the library of the Massachusetts His torical Society, Boston. II was printed al Danvers, Mass., in 1778, a appears in succeeding pamphlets. 33 514 . Additions and Corrections. Lenox, the Marquisses of Buckingham and Hamilton, The Earls of Ar undel "and Warwick, Sir Fernando Gorges, and thirty-four others, by the name of the Greal CouncU, established at Plymouth, in the County ot Devon, for the planting, ruling, ordering, and governing of New-Eng land in America," And grants lo them and their successors and " assigns all that part of America lying and being in breadth frora the 40° of northerly latitude from the equinoctial line to the 48° of the said northerly latitude inclusively, and in length of and within all the breadth aforesaid throughout the raain lands frora sea to sea, together also with all the firm lands, soil, grounds, havens, &c, Provided alwajs, that the said islands or aiiy the preraises by the said letters patent in tended and meant to be granted be not actually possessed or inhabited by any other Chj-istian Prince or Stale," This Great Council established at Plymouth as aforesaid soon granted all the lands contained in their said Grant (as they supposed) to the several New-England Colonies, and resigned their Grant into the King's hands; and among the several grants they made, they granted to the an cestors of Robert Mason, Esq; his heirs, &c. a tract of land about twen ty-four railes on the sea shore, extending back into the Country about sixty miles, comraonly called New- Hampshire; which lands on the east- terly pari of them next to the sea soon began to settle, but were much prevented by the Indian wars, and the settlers were under no regular fo 'm of Government, except that the Massachusetts-Bay in feome meas ure exercised Jurisdiction over thera. In this situation they continued until after the restoration of Charles the Second, and in the sixth year of his reign a commission was granted to John Cutis, Esq; President of the Council established fbr the ruling and governing ot snid New-Hamp shire, bounding it as follows, viz. '- Lying and extending from three railes northward of ilferrimacfc-River, or any part thereof unto the province of Maine (No. -' E.") " — Afterwards, in said comraission there is this further clause, viz. " And it appearing unto Us that the ances tors of Robert Mason, Esq; obtained Grants from our Great Council ot Plymouth for the tract of land aforesaid, and were at greal expence upon the same," &c. AVhereby il appears that said province ot NeM- Hampshire as it vvas then bounded, and the grant to the said Mason was one and the sarae tract of land; under which form of Governraent said province ot New-Hampshire continued uutU a commission was granted to Benning Wentworth, Esq; enlarging the extent of said prov ince by including all the lands in sa'd Grants on both sides of Connecti- cut-River, with power of granting them in the name of the King; and also right of Jurisdiction over the whole; which Governor Wentworth granted great part of those lands included in said Grant previous lo the sixth year of the reign of George the third, when his said commission was revoked, and a comraission granted to John Wentworth, Esq; to preside Governor over the same extent of Territory; who continued in tiis seat of government until the coinnieucement of the present war, and then left it vacant. — These commissions are all the Grants that were ever made or given to said province of New-Hampshire relative to their Civil Government; and were held subject to alleralion or revocation at the pleasure of the Crown; And the said John Wentworth while he presided Governor as aforesaid granted the remainder of the lands on said Grants; and in consequence thereof the Grantees have entered up on them and cultivated and improved them, extending from said forraer province of New-Hampshire, or said Mason's westerly line westward to Lake-Champlain or thereabouts; southerly to the north line ofthe Mas sachusetts-Bay; northerly to the Canada line, and easterly to the prov ince of Main. Additions and Corrections. 515 These Grants remained under the Government of New-Hampshire untU about the year 1764; when a determination of the Lords of the Board of Trade and Plantations was obtained by the province of New- York, that the Jurisdiction of the Grants west of Connecticut-River should be under New-York; at the same tirae confirming and approvino those Grants by Governor Wentworth as aforesaid. " In this situation the Government on those Grants continued until the coraraen6enient of the present war; since which the several Conven tions and Asserablies of the State of New York claira Jurisdiction over those Grants west of Connecticut- River, and the Conventions and Assem blies of the State of New-Hampshire claim Jurisdiction over the Grants east of said River, notwithstanding the refusals to subrait and repeated remonstrances against said claira. In order therefore to exaraine the justice of them, it will be necessary to consider them distinctly and apart. And First, — All the right that ever New York had, either to the Soil or Jurisdiction of those Grants west of Connecticut-River, came by virtue of the Royal Grant to the Duke of York; this is the only basis of the extent of said Province or State of New-York, except the decree of the Board aforesaid. It will be necessarv therefore in this inquiry lo recite part of said Royal Charter, so far as it relates to the bounds and limits thereof, together with date, &c. But before we proceed shall take notice that at the lime ofthe Grant made by King James lo the Council established at Plymouth as aforesaid, the Dutch and Sweeds were in possession ot New York, Albany and part ofthe Jersies; and about that time or a littie after and before 1653 there was a settleraent of some French al a place called St, Croix near to New-Scotland (alias) Nova- Scotia (and a few families of Dutch settled at Hartford on Connecticut- River, which settlement at Hartford was evacuated long before the Grant lo the Duke of York, and all pretensions to any claim on Connec- iicut-River given up,) I now proceed to observe ttiat in 1664 (there being a war between the English and Dutch) King Charles meditated sending a force to cause the Dutch to surrender the lands by them pos sessed on Hudson's River, and on the 12th of March, 1664, by his letters patent "Gave and granted to his Royal Brother James, Duke of York all that part of the main-land in New-England, beginning at a certain place called and known by the name of St. Croix next adjoining lo New- Scotland in America, and frora thence extending along the sea coast unto a place called Peroniquie or Piemiquid and so up the River thereof to the furthermost head of the same as it tendeth northward, and ex tending from thence to the River Kenebeque and upward by the short est course to the River Canada northward; and also all that island or islands commonly called by the several name or names Mattawacki or Lo7ig Island, situate, lying, and being toward the west of Cape-Cod and the Narragansett, abutting up the main land between the two Ri-vers there called and known by the names of Connecticut and Hudson s-River, and all the land from the west side of Connecticut-River, to the e^t side of Delaware-Bay. And also all those several islands called or kiiown by the names of Martin's Vineyard and Nantacks, otherwis(3 called Nan- the same time gave a commission to Colonel Richard N'chols to dispos sess the Dutchlud take possession thereof '° ^^half of his Brothei the Duke of York, which was accordingly executed in '^'l,°^°Xra/nt toee 1664 and Colonel Nichols remained in the Duke's Governraent tnree years, and in June 1670 the Dutch Government was again revived and 516 Additions and Corrections. continued until 1674 on a treaty of peace signed al Westminster in Feb ruary. The English Government was restored, and ou the 29"' of June 1674 his Royal Highness the Duke of York obtained frora the King a new Patent "of the sarae lands and territories in the same words with the former differing only in the date.' Having thus far recited the bounds and limits of the Grant to the Duke of York, which is all that can be claimed in favor of the present Stale ot New-'Vork, as lo the extent oftheir Jurisdiction as being paten tees or Assignees to the Diike, I shall now proceed lo consider in a legal and rational point of light, and show that by a fair construction it can not be supposed to include those Grants or any part of them west of Connecticut-River. — Therefore, in the first place take notice that two thirds or more of the lands and territories literally contained in the Duke's Grant were so obviously absurd (as lo its holding them) that all pretensions of claim to them have been laid aside from the beginning; and scarcely any part thereof is holden according to the literal and ex press words of the Grant. — This therefore makes it necessary to inquire upon what principle or construction they do or can hold? — I answer by ttie reserve made in the Grant of King James to the Council established at Plymouth as before recited, viz. " All lands, &c. in ihe possession of some oilier Christian Prince or State;" and had it nol been for this pro viso or reserve the Duke would have taken nothing by his Grant: For all except this was granted lo the Council of Plymouth, and by thera re- granted, &c. — Therefore the fair construction of the grant must be that it includes all the lands within the limits of New-England that were in the possession of some Christian Prince or State other than ihe King of England at the lime of granting to the Council of Plymouth as afore said, and no more.— Consonant to this construction has been the prac tice and proceeding of all parties concerned from the beginning: To this we may observe that the subduing- the Dutch in order to obtain pos session for the Duke was as early and even coeval with the Grant itself. —And when the Dutch had revolted from under the English government and were a second time brought under subjection the Duke applied fbr a second Grant of the same land which plainly shews he was apprehen sive that his flrst Grant was lost by the revolt of the Dutch; and also that the lands they were in possession of, and which they clairaed, were the lands and territories contained in his Grant; .agreeable to this have been all the settiement ofthe liraits and boundaries of this Grant bythe Duke, his Patentees, or Assignees wilh the other Colonies adjoining to to thera from flrst lo last. -Also the bounds and extensions of this Granl clearly show that this was the intent of it— For observe, the Grant ex pressly extends to every pcirt ot New-England where there had been any settiement of any foreign nation, though ever so remote from the maiu object, viz. New- York ; which cannot be rationally accounted for but upon this principle, viz, to include all the lands that were reserved as aforesaid. Much more might be said to establish this construction of the Grant, but I think what has been assigned is sufflcient, at least for my present purpose; And therefore shall only observe, that if this con struction be true, and there was no settiement or claim of the Dutch or any other Christian Prince or Slate other than the English on or near Connecticut-River at the time of granting to the Council of Plymouth or the Duke of York, there can be no pretensions of extending said Grant to Connecticut-River or any part thereof I SHALL observe once more, that even by the literal expressions in said Grant or Patent it cannot be supposed to include those lands; for the only clause in said Granl that can be pretended to include the lands on which said Grants are is this, viz, " And all the land from the west Additions and Corrections. 517 side of Conneciicui-River to the east side of Delaware-Bay."— 'Eovf all the lands that raay be fairly said lo lie between those two exlreraes raay be said to be included by that clause, and those lands which cannot be said to lie between those boundaries, cannot be said to be included, although they may be said to lie west of Connecticut-River: For observe by the expression they must lie east of Delaware-Bay as well as west of Con necticut-River. — Therefore for trial's sake let us suppose a line drawn from the mouth of Conneciicui-River to the east side of Delaware-Bay even to the northern extent of it. — This I believe without dispute would leave all or nearly all the lands on the raain wesl of Connecticut-River to the north; this construction therefore won't answer; Then let us sup pose a line drawn from the head of said River to the east side of Dela ware-Bay, and then the lands on those Grants will still lie westward, and not be included: There is therefore buf one way that I can possibly think of that will comport with the phrase and include the lands in question ; and that is to extend Delaware-Bay in the same degree of lon gitude ttiat it is now in as far north as tbe head of Conneciicui-River, and then all the lands wesl of Connecticut-River and east of Delaware- Bay would be included by that clause so as to take in the lands on the said Grants; such a construction every unbiassed mind will reject. — I shall therefore dismiss this point relative to the right of jurisdiction merely by the extent of said Grant, and proceed lo the consideration of il in a different view: For whether the lands on those Grants are in cluded in the Grant to the Duke of York or not, the fee of them has been granted by the Crown to the present Grantees and since conflrraed to them; so that Jurisdiction is ttie only matter in dispute. The light in which I shall now consider this right is relative to the decree of the Lords of Trade and Plantation before mentioned, which, I suppose, is the greatest right that can be urged in favor of the claim. And in this point of light I consider all the grants upon equal footing; For as lo any connexions by grant or charter either with the State of Nem-York or New-Hampshire, I have observed there is none, except royal comrais- sious lo Governors in the one case, and a decree of the Lords in the other, that can be challenged as giving them a right to exercise,Jurisdic- tion in this case. Let us therefore consider what the nature and design of these commissions lo exercise Jurisdiction over particular territories and extent of lands are. 1«' They are altogether exparte, without the privily, knowledge, or consent of the People governed; for Ihey never know by whora or in what manner they are to be governed until the coraraission be pub- 2* They are held only al the pleasure of the Crown; and that too bv beino liable to alteration at any time as the Crown shall see fit. 34 It is an express coramand lo the subjects to subrait and obey; this 'is all the People can claim any right to; In short it amounts to this- do vou A. B. or C. exercise government or rule over my subjects in such a place during my pleasure accorcling to such and such rules and such others as I shall give you from tirae to time and do you my people as subjects obey acco"rdin|.-I ask in this case what act or choice the people have in thii jurisdiction any more than a company of slaves have in a plantation under the government of one driver to-day and a new one to-morrow ? Those who think this is pointed too high are de- ^r7dToread^ either of those Governor's commissions at their leisure. Therefore what absurdity is it to urge that since this oppessive arm ;77ower is broken, and the oppressed set at liberty to govern them selves that therefore one part has right of Jurisdiction over the other Jarl raerely because they were once under the same master by mear 518 Additions and Corrections. compulsion; that this is the case relative to the People on these Grants is clear and indisputable, for this jurisdiction has been changed twice if not three times in the course of twelve or fourteen years •vvithoul the least of their privily or consent. Such Jurisdictions as these therefore never bind a people together any longer than the force that flrst coni- piiUed continues over ttiera, and when that ceases they in point of social compact revert to a state of nature. . No part in ttiis case -can claira right of jurisdiction over the other without claiming power from the sarae fountain. One thing more enters into the consideration of this right which I shall take notice of in this place ; and that is the local sit uation Olf the people in a particular state or Jurisdiction; when they are so situated that ttiey cannot attend upon the matter of Government that concern them with any tolerable convenience, it becomes necessary for an alteration of the extent of such .Turisdiction. Otherwise the design of Government would be entirely frustrated. I know in Governraents when the people had little or nottiing else to do but to obey Royal Man dates, &c. the raore reraote they were frora the seat of government the better; bul in Republican States it is ottierwise; there every oue has raore or less to do, and therefore ought lo be so situated that tie can act his part, otherwise he has no share in the Government, When any part of a State is so situated that the Inhabitants cannol attend upon the raatter of Government within the State with any tolerable degree of convenience, this ill effect will always follow, viz. That they will grow reraiss and negligent, and thereby expose themselves to be overreached and oppressed by tbe other part. From what has been said therefore relative lo the right claimed by New-York and New-Hampshire over the said Grants on account of these Royal Commissions or Impositions, it is clear and plain that it is alto gether founded in force and compulsive power, and not in compact and agreement, which power upon the Declaration of Independence of the United States became null and void, and therefore, there being no cora pact or agreement of the People whereby they became united with either of those Stales, they in ttiat case reverted lo a State of nature as *) Government, and sland entirely unconnected with them. This being the case, necessity, the Providence of God, your own interest and pru dence call upon you to put yourselves into a state of Government either by connecting with sorae State already formed, or by erecting yourselves into a new and distinct Slate, If you have already pursued all reasona ble measures fbr a Union with some other Slate lo no effect, or your local and other circumstances are such as render il extremely difflcull if not impracticable to be united with any State already formed, your in dispensible duty is to form yourselves into a distinct State, and that without delay. The coramon cause in which we are all embarked, your interest, and especially that of the orphan and widow, and your morals suffer by the delay,— But doubtiess there will be objections arising iu the minds of some against proceeding at this tirae; I wiU therefore en deavor to mention the raost material and answer them. And 1'=', It wUl be objected that you are not of sufflcient ability to sup port and maintain Government,— To this I would only say, you are much raore able in any respect than any ofthe United States were when they first began their respective Governments, Objection 2\ We have nol yet fully established our Independence; let us flnish that matter flrst, and then see about erecting new Stales, &c,— To this I would answer, The only way to vanquish our inveterate Enemy and support our Independence is flrst to regulate and settie mat ters at home; for while things remain in confusion among ourselves, we may expect they will be so throughout; Hence ariselh the difficulty of Additions and Corrections. ^ 519 raising our army, equiping, cloathing thera, &c,— And further as the United States are all settied and settiing their plans of Governraent, fbr you to be still or in part lo act with them untU all things are settied, and then break off and set up a new State would be imposing upon and dealing deceitfully with them: Besides you will thereby give up your natural right of forming into a State of Government, and lie at the will of those with whom you have acted, whether you shall have the liberty or not. Therefore now is the time either to go forward and acl on tbe affair or give up all pretensions of ever doing anything about it hereaf ter. In addition to this you may be assured that whoever lives to see matters abroad fully settled respecting the present dispute will also see greater altercations and sharper contests about our internal police and domestic affairs, if they remain unsettled until that lirae, than we have yet seen, or men and things will be much altered frora whatever they have been. But I pass to another Objection, viz. That there is no suprerae power yet erected by the United States to make and grant Jurisdiction to any new State, and therefore it cannot now be done, — I answer it is true there is no such power yet erected, and I pray God there never raay be; for should there be sucti a power established, these Republican Slates would thereby becorae a Monarchy, — It will be asked ttien, why was it that all States or Bodies Politic heretofore obtained Jurisdiction frora the Crown before they pretended to exercise Governraent ? And if nec essary then why not now frora some supreme power? The reason is this, the King of Great-Britain was Lord of the fee, and Chief Magistrate of all execuiive power throughout his dominions; therefore all Government was exercised in his name and by his authority, .This will therefore lead us to inquire from whence this power of Jurisdiction must now arise ? I answer from the People who are to be the subjects of this Gov ernment, the true and Original Source of all Government, there is noth ing raore or less that can give one man right to rule and exercise Gov ernment over another but his agreement and consent thereto; therefore all that is necessary to give any body of men power or right to exercise Government in and over tbemselves, is their mutual compact and agree ment for that purpose.— AVhen this is done tbey have all the power they can or ever will have from any true source or fountain; nay tbey are not under the necessity of asking liberty of any other power thus to confederate together, &c.— Neither is there any power on this Continent (except Lord or General Howe) that will pretend either to give leave or forbid in this case; therefore the objection is of no force.— It will be asked then whether upon a new Stale being formed on this Continent or (we will say) on these Grants, they have anything to do with the United States in order to be a complete State for Civil Governmentr' 1 answer as to their internal police or Civil Governraent simply consid ered they have nol; bul in a relative sense they have; and in this way, when they once become a distinct State or Body Politic then they are a proper raember or body to be treated with and received into Union and Confederation with this greal and Aggregate Body, and not before; In this way only can they become one of the U nited States, viz. by the L ra ted Slates agreeing lo receive, and the particular State agreeing to unite with and submit to the terms and conditions of tins Aggregate Body, Therebv they become a proper .subject of its controul and Government, -Thus you may plainly see that all Government from the highest to the lowest irfounded iu c'.mpact. But methinks these observations will nroduce the curiosity to know in what point of light this particular State would be considered, when formed and presented to the United S ales fo? acceptance, should it then be rejected ? I answer the United States 520 • Additions and Corrections, would treat them as a neighbor according to their behavior; For al though they should nol receive them they cannot in justice annihUate them, because they having never been connected with them, are not under their power or controul. Therefore if they behave as an honest Neightior they will treat them accordingly, but if their conduct should be inimical to the United Stales they will be treated as enemies. This doubtless would be the case. Thus, Gentlemen, in a brief manner I have endeavored to point out your political situation and circumstances, and your duty relative there to, I shall therefore close wilh a word of advice ; and that is, if you should think il expedient upon what has been observed to proceed in forming a distinct Slate, by all means be unanimous and consider your selves on these Grants as being all on the same foundation, Acl to gether as one collective body so situated by the Providence of God, as clearly point out the necessity and convenience of your being united in a distinct State,— Therefore divisions among yourselves either by rivers, mountains or the like may prove fatal; especially in respect to your ac ceptance and approbation by the Uniled States, &c. Much wiU depend on your joint and unanimous proceedings; I therefore subrait the whole to your candid perusal; And am. Gentlemen, Your most obedient and humble servant, REPUBLICAN, January 6, 1778, POSTSCRIPT, Containing Observations wrote since the Publication of the Articles of Confederation of the United States of America, Since my finishing the foregoing I have had opportunity to peruse the proposed Articles of Confederation of the United States", and think it necessary lo make some Observations on the second and ninth arti cles, which I conceive are of importance to consider, especially as lo the proper time for your Uniting and forraing into a distinct State, &c, —You will take notice that by the second article '.' Each Slate is to re tain its sovereignty, freedom, and independence, and every power, juris diction, and right which is not by the Confederation expressly delegated lo the Uniled States in Congress asserabled," You will observe also that in the ninth article provision is raade for the hearing and determining matters of dispute between any two or more Slates relative lo Jurisdiction, boundary, or any other raatter what ever; but no provision for Congress lo hear or deterraine any matter of dispute between one part of a Slate and the other; bul are prevented hy the second article.— Neither is there any provision for Congress to inter pose relative lo dividing any Slate or Slates, for the purpose of erecting a new Slate or Jurisdiction, or of transferring any part of one to the Jurisdiction of another, &c. This matter is left to each particular State lo determine as they shall think proper; This is agreeable to what I before observed, that as lo erecting particular States or Jurisdictions the United Slates in Congress had nolhing lo do, neither would they .ntermeddle in those matters.— Therefore all the particular States as to their Powers, Jurisdictions, apd Rights as they are or will be when the Confederation takes place and Government is settled in the respective Slates wUl be unalterably established and must so remain as long as the Confederation lasts, unless they shall .see fil to alter themselves, the probabihty of which I leave every one to judge who knows that men Additions and Corrections. 521 and bodies of men are governed by self-interest.- This I think a suffl cient answer lo those who are for putting off the affair until all public matters are settied, and then enter upon making new States, &c. They in that case will be told it is now too late; this consideration therefore will make it necessary to enquire more particularly what steps are pru dent to be laken by the Inhabitants living on the Grants east of Con necticut-River, especially as we find the present asserably ot New-Hamp shire "have directed the several towns aud districts if they see fil to instruct their Representatives at their next sessions to call an Assembly by a full and free election to convene together for the sole purpose of establishing a permanent plan of Government for the State," and there fore many will say perhaps such a plan wUl be settied as wUl give satis faction to all parties concerned; And further that it is our indispensible duty to assist in forraing this plan in order if possible lo have it so done that we may be satisfied, but if after all we cannot obtain such a plan as appears to us just and equitable we will not connect with them but seek after connections somewhere else, — But let me tell you ray friends that whatever town or district undertakes to act in forming a plan of Govern ment for the Stale, when once the plan is formed and settled, be it what it will, like or not like it, they are as effectually bound by it as if they had made il altogether theraselves; for you cannot act in the least with out first uniting, and when once united, whatever that Body does will be considered as your act as much as theirs. — Therefore if you consider yourselves now unconnected, and that il is your duly and interest lo seek after connection with thera, and still retain liberty in your own hands until such lime as you can agree to unite, the only proper way is, lo propose such terms as you are willing to unite upon, and if agreed to then a union may properly take place; bul if not agreed to, then j'ou are at liberty to act otherwise as you think proper. Therefore every one may know for certain if he once begins to act in this affair he raust abide the consequences, for having put his hand to the plough he can't look back. — I urge this the raore not to dissuade those who think it their duty and interest to seek after connection, but that they may act with their eyes open, and not dabble in those matters, and afterwards complain that they are unjustly dealt wilh; therefore all such as are wUling to join wilh said State in forming a plan of Government, and run the venture of obtaining such an one as may be agreeable, let them join, they have a right so to do. — Bul those that are nol, if they intend to keep their hands at liberty by no means ought to meddle in the least,— And as things seem to be ripening fast to a settlement relative to governmental affairs whatever ought lo be done ought not lo be delayed. Finis. An Address to the Inhabitants of the New-Hampshire Grants (so called) lying westward of Connecticut River. [By Hon. Timothy Walker, Concord, N. H.]' Friends and Fellow Country-Men. . , x- The occasion of my addressing you at this Time, is the sight of a very insionifl'cant Pamphlet, the other Day thrown in my way, intitied Ob- .' The copy was was furnished to Dr. Bouton, editor of N. H. State Papers, by Joseph B. Walker, Esq., of Concord, grandson of Judge Walker, who was a member of the CouncU of New Hampshire in 1778. 52i Additions and Corrections. servations &c. relative to your affairs, lately printed at Danvers, by E. Russel. • ,',.,, -K-r ¦ I should not think this performance worthy of fhe least Notice, but that I am certainly inforraed, that il is circulated up your way, on both sides of the River, and is much relied upon, and has a greal effect in misleading the less knowing and judicious, and betraying them into dangerous' errors, both in Judgment and Practice, destructive of the Public AVelfare. AVere we to judge of the Author's design by his Introduction, and indeed, by the bulk of his performance, we should suppose that (however vague and ineffectual it is lo any such purpose) he proposed lo offer something of use for your direction and assistance, in your endeavors lo extricate yourselves from the many Troubles and perplexities you have, for a nuraber of years, been embarrassed wilh, in consequence of your subjugation to the Government of New York. But by sorae scattered Hints^through the whole, and, especially the last page of his Postscript, I am led to judge that the author's principal view, was to pave the way, and facilitate the introduction of a number of Towns on the east side of the River Connecticut into your new forming Slate. My design is, to offer some things lo your consideration, which, if they shall appear of equal weight to you, as they do to me, I imagine you will judge them sufflcient reasons to bar such a coalition. The au thor's labored pretense to trace the two Provinces of New York and New Hampshire from their origin, which take up so much roora in his perforraance, serves no other end that I caa per<-eive, than to show his own gross ignorance in those matters; for, whatever title the Duke of York had, either with respect to soil or jurisdiction, in any part of Araerica, either as a Patentee under his Brother, or afterwards in his own Right, as King, he soon lost it all, together with his Crown, by his misrule; and New York, ever since the Revolution,' (be ils bounds where they may) has been considered as a Royal Government in con tradistinction from the Charter and Proprietary Governments. No less Ignorant does he seem to be, with respect to the origin of New Harapshire, which, as far as respects Jurisdiction, was, from the beginning, a Royal Government; Capt. John Mason, by several Grants from the Council of Plymouth, had all the land assigned him, between Salem River and Piscataqua' River, and sixly miles up into Land; to which he gave the narae of New Harapshire, bul it was not in the power of that Council to give him Jurisdiction over an Inch, so that, his dis tinction between Mason's New Hampshire and the King's New Hamp shire, is the most idle whim that ever entered into the Head of an en thusiast in Politicks, No less ignorant does he seem to be of the English Constitution and mode of expression, where he speaks of " a Decree of tbe Board of Trade," as the foundation of your subjugation lo the Government of New 'York, The Board of Trade nass no decrees in such cases, but act as a sort of Comraittee, who are to enquire iuto all circumstances ofany aft'air submitted to their cognizance, and to report to the King and Privy Council their opinion what is best to be done. But, to pass over this and some other Things as of little or no impor tance, and corae to matters of Fact; New York, ever since the Revolu tion, and New Hampshire from the beginning, had been considered as Royal Governments; and there, I suppose, both Lawyers and Politi cians, in both Englands, are agreed, that the King's Comraission is the 'That is, in England, 1649, Additions and Corrections. ,523 Magna Charter, or rather the vivifying Principle that puts life into the Constitution, as well as determines its Limits and many other circum stances; and now, as the boundaries of these two Provinces, as far as they bordered upon the Charter Governments, had been ascertained, so when these were passed by, the place where the two Royal Govern ments were to meet had not been plainly and explicitly delermin(^d. until the year 1764, or thereabouts; — that is, the King had never told his governor of New Hainpshire, in express terms, how far west be should go, aud there stop, nor his Governor of New "Fork how far East he should ,go and then cease, until the Aera last raentioned. Now, this being the case, it was by the English Constitution a raatter of raere prerogative, that is, it was in the King's Power, to fix this line where and as he pleased; but this, as all acts of Power, should bo guided by Wisdom, conducted by Justice, and tempered by Goodness. Now, I suppose, it was the want of these amiable attendants of Power, in this instance of its exertion, that is the principal ground of your complaint; that is, you were, in a raanner contrary to all good Policy, and subver sive of the very end of Government, surreptitiously, as it were, lorn and dissevered frora a Province, under wtiose auspices you settled, where your connections, acquaintance and business lay, and where you had reason to expect and hope fbr a good share of those coraforts & ad vantages which render society elegible and Governraent beneficial, and subjected, as it were, lo a foreign Jurisdiction, where these blessings could not be enjoyed at all, or but in a very imperfect degree. This, however slightly and confusedly il is, as it vvere glanced at by this Au thor, I suppose is the principal source of your peculiar troubles. But now, my Friends, is anything like this the case with respect to those Towns on the East side of ttie River, now about to join you? Exactly the reverse — Every step in the whole progress of their Settlement, from its infancy to its present improved state, has been with the entire con sent of ttie people. They have, in -every possible way (except person ally signing an inslrument for ttie purpose) expressed ttieir satisfaction in then- situation, as a part of New Hampshire, in a manner and to a degree that rather verged towards Adulation, than exhibited the least sig°n of disgust and uneasiness. They applied lo the Governor of New Hampshire and obtained of hira Grants of their Lands and Charters of Incorporation, held their Town raeetings regularly, chose their Town offlcers, transacted all business which Towns usually do, without the least lisp of raurmur or complaint. Gentlemen have laken and execu ted Coraraissions, both Civil and MUitary, and when the Province was divided into Counties, one of those very Towns, who are now aiming at a defection, was honored as a shire Town, and, at an expense bordering on profusion, erected a Court House, held their stated Courts, &c. &c. The Governor of New Hampshire attended the Commencement at Dartraouth College, (where the people now join in the defection) es corted by the principal Gentiemen in the vicinity, and there treated with all the eclat and magnificence that ciild be exhibited on the oc casion. Thus matters stood when the British administration stretched the Iron Rod of Tyranny and Despotism over these Provinces, in a manner and to a degree that left no man secure in the enjoyment of his Prop- erlv or even of his life. . , .„ . , At tbis dark Period, Delegates from the several Provinces were de- ¦ 1 iT.^aaf in General Congress to deliberate and determine what '''flrl he Tne to v^^lrd off the fatal Blow. Now, these very Towns, by £i Rept'e"nt° tWes, raet with their Brethren, the Representatives of 524 Additions and Cvrreetions. the other towns of New Hampshire, and joined with them in the choice of Delegates which made a part of that August Body which now figures in the principal Courts of Europe, and is particularly honored by the AUiance and guarantee of so greal a Prince as the Grand Monarque, But now, if ttie Principle which this author lays down, and wtiich is the basis of his whole superstructure, (viz. That the Declaration of In dependence dissolves all political relations and connections) be admit ted, as not only true in theory, but also carried into practice, by this single blow of the clumsy Fist of this dabbler in politicks, the glorious Fabrick (American Independence) which I suppose I may say is the admiration of all Europe, and the Esteem of all, with a- very few exceptions, wili be laid prostrate, jumbled into a tiuge heap of sand, without any cement to hold il together. For, if Provincial Lines that were universally acknowledged and acquiesced in, both by Governors and Governed, as the true boundaries of the several Provinces, be re jected as of no validity, most certainly all subordinate Corporations, depending upon the same authority must share the same Fate, And thus, the fine Country that bids so fair lo shine in the annals of futurity, is at once reduced lo a Stale of Nature (the Author's own words) and must soon sink under its own weight. But, this is not all; there is a minority in each of these Towns, which sees things as they are; who look upon themselves as bound tiy every Social Tie, to approve them selves as liege subjects of the State of New Hampshire; and, conse quently, in obedience and conforraity to this Principle, which Reason dictatesand Religion patronizes, they refuse subjection to any Rules, Regulations or Orders of what narae or nature soever, inconsistent with the Faith they have plighted to the Slate of New Hampshire, — These, when they find themselves unable to bear up against the torrent of Rage and Oppression from their cruel Neighbors, will, doubtless, apply to the State of New Hampshire for protection, I must confess, I dont see how they can, and I have no apprehension that they will, reject such application; tint, after all lenient measures have been used, without success, they must and will employ the Power of the State to vindicate and protect their thus injured subjects, altho at the expense of the Blood and Treasure of another Civil War, Now, pray Gentlemen, consider what an unfavorable light you wiU stand in with the Confederated Slates, when you are considered as the abettors at least and accomplices in these scenes of devastation and bloodshed ; particularly consider what a fund of Eloquence and Oratory you are laying up in store for the use of New York lo be played off against you, whenever your case coraes to be candidly discussed before the Continental Congress, (for I am persuaded it must first or last come be fore that august Assembly) you, in a manner, pul words into their mouths, and direct them to address that Venerable Body in such lan guage as this:— "You now plainly see, Gentiemen, what these men are aiming at; that, however modest and submissive a lone they may, at certain times or on special occasions have assumed, yet, they now begin to throw off the mask, and discover the latent Principle of Malignity which has all along been at the bottom as the animating spring of all that disturbance which they have occasioned. We appeal to facts, Gentiemen; you have a recent instance before you which plainly shows they are fbr grasping all they can lay hold of. Right or Wrong, They have gone over the Line of New Hampshire, where they had nol the least shadow of pretence, to intermeddle, more than in any other of the Stales of the Confederacy; and have been, at least, accessory towards raising a Storm, which no one knows where or how il will be appeased," Additions and Corrections. 525 I have but one thing raore to add, and that is a hint, that it is pretty well known in New Hampshire, that the disappointments of a small junto of aspiring, avaricious raen, in their endeavors to raise themselves and their connections to a degree of importance in the Slate, far, very far, beyond what their numbers or Estates gave them any pretence to, is the source of all this feud. Now unless the course of nature should change and simUar Causes should cease to produce sirailar Effects, one may venture to predict, that this Spring wont lose its stimulus and change its vibratory nature, by being turned the other way, but will be active in endeavors lo embarrass and perplex your Affairs, I have purposely avoided a particular Address lo our Seceding Breth ren, on the East side of the River Connecticut, tiecause I understand their rash proceeding has so awakened the attention of the State, that it will probably be matter of public enquiry when the General Court meets; and it might appear offlcious in a private Subject to anticipate a Business which will be rauch better done by the united Wisdom of the State, However, that they raay not think theraselves wholly neglected, if there be any weight in the reasoning and observations in the foregoing Pages, if they will be pleased to read them, they raay, with the altera tion of a few circumstances, apply them to themselves; and they will flnd many of them, A fortiori, to conclude against their own conduct. Thus, Gentlemen, I have honestly endeavored to lay before you the Truth respecting an affair not only of great importance in itself, to the Peace an(l Weel of those immediately concerned in it, but also will, if not seasonably checked, go far in its consequences towards sapping the foundation of the Confederation of the United States; and am your sincere Friend and well wisher, in all honest pursuits. Pacificus. July 18, 1778. For documents succeeding the foregoing in chronological order, see Vol. I, pp. 413-429. A Public Defence of ihe right of the New-TIampshire Grants (so called) on both Sides Connecticut-River, to associate together, and forra themselves into an Independent State, Containing Remarks on sundry paragraphs of Letters from the presi dent of the Council of New-Hampshire, to his Excellency Governor Chit tenden, and the New-Hampshire Delegates at Congress, Dresden; Printed by Alden Spooner, 1779. ' Pursuant to a Resolve of the General Assembly of the Stale of Ver mont passed Ociober, 20'^, 1778, "that a declaration be drawn up setting forth the political stale of the New-Hampshire Grants (so called) on both sides of Connecticut River, &c," the major part oftheir Comraittee appoinled for that purpose, have agreed to present the following facts and observations, together with two several letters from the President ~A copy of this pamphlet was furnished by Rev, H, A, Hazen of BUlerica Mass, Another, supposed to be annotated by Rev, Sylva nus Ripley Professor of Divinity in Dartmouth College, 1782-7, was fumished by' Rev, N. Bouton of Concord, N, H. The last named is used here. •¦ylt Additions and Corrections. of the Council of Nevv Hampshire, and'. a report of Col. Ethan Allen, with sorae reraarks on them. A Grant was raade by the Council of Plymouth March 4''' 1628-9, of the Colony of the Massachusetts-Bay; the Northern Line of which was " frora three miles northward ofany and every part of Merrimack River" lo extend west indeflnitely. A Grant was afterwards made (in the sarae year) to John Mason of London Esq; containing a tract of land be tween Merrimack and Piscataqua rivers, sixty railes up each river, and these to be bounded by a line across from river to river. This Granl (although expressed in a loose manner) vvhen compared with the Mas sachusetts Grant, is limited wilh the greatest precision, southerly and westerly by a line three miles nortiiward of any and every part of Mer rimack River, sixty miles up the river— and northerly by a line drawn from the place where the said sixty railes are flnished to Piscataqua River, sixty raUes distant from ttie mouth of it.' On this Mason tract sundry towns were forraed and considerably settled. And the Inhabitants in the year 1679, petilioned King Charles the 2^ that they might tie erected into a separate Government by the name of New- Harapshire; in compliance with which request a commission was made out to John Cutis Esq; whereby a President and Council were estab lished for ruling and governing said New Plarapshire which was in said coraraission bounded as follows viz. "lying and extending from three miles northward of Merrimack River or any part thereof unto the prov ince of Main.'" And in the same commission is this further clause, viz. "And it appearing unto us that the ancestors of Robert Mason Esq; ob tained Grants from our Great Council of Plymouth fbr the tract otland aforesaid, and were at great expense upon the same &c." By which it clearly appears that President Cutts' comraission was intended to extend no farther than the western extent of the Mason claim or the Mason line {so called) — and jurisdiction was exercised agreeable thereto with liltle variation, untill a coraraission was granted to Benning Wentworth Esq; to preside as Governor of New-Hampshire; by which coraraission his jurisdiction was extended and exercised over the whole of the Grants, on both sides of Connecticut River; or at least he was erapow ered lo extend jurisdiction to the liraits of other Governraents, grant lands &c. And by virtue of that general clause iu his coraraission, and the determination of the King in Council A. D. 1739,' he did actually ' If the Massachusetts North line begins three miles north of Merri mack, and continues three miles distant from it to three miles north of the fork or crotch where Merrimack aud Pemegawassct rivers meet, and thence extends due west, as their Charter points out, tliey will cover considerable part of the Grants now in question. A line drawn due west from the place where those rivers meet will intersect Connecticut river about flfteen miles north of Charleston (No. 4) Meeting house, • and thence continued across the Nevv Hampshire Grants will come near to Fori Ann on the head of AVood Creek (as these places are delineated on the Maps) which line will include upwards of flfty of the towns on said Grants within the limits of the Massachusetts Charter. Although there was a deterraination of the King in Council A D 1739 that the North line of the Massachusetts should run west frora Patucket falls it seems that they did not acquiesce in the determination; as they refused to join New Hampshire in a survey conforraably thereto. ' The boundaries of New Harapshire as described in this Commission coincide with the Massachusetts line as described in their Charter before mentioned- ' See Douglass Summary, Vol. I. page 4'22. Additions and Corrections. 527 extend jurisdiction, and granted the raost of the vacant lands as far westward as to the line between Massachusetts and New-York. But New-York, not discouraged frora endeavoring to extend jurisdiction eastward, by two unsuccessful struggles, flrst with Connecticut, and aft erwards with the Massachusetts-Bay, now attempt lo effect it against the New-Hampshire coraraission and the beforenientioned deterraination of the King in CouncU. And here we flnd them under peculiar advantage to what they were in their former endeavors to encroach on the juris diction of the other Governments. In those the people who owned the soil were interested in the jurisdiction: but here the Grantees of the lands had no concern with the jurisdiction. That prerogative was re tained solely in the King's hand, and, exercised by whatever servant the royal mandate should point out. Neither the people in New-Hamp shire or New-York had rauch concern in the exercise of jurisdiction. In New-PIarapshire especiaUy the royal prerogative was so extensive and the privileges of the people so small, that their Assembly declined as sisting the Governor in any way whatever for the establishment of the line. And accordingly un(ler ttie influence of sundry false declarations in favor of New York, a decree was passed by the King in Council A. D. 1764, thai the western bank of Connecticut River should be the bound ary tielween New-York and New-Hampshire: and the Grantees and In habitants living on those lands, not being in capacity to defend against the unreasonable claim and pursuit of New-"Y"ork in endeavoring to obtain jurisdiction over thera, were under necessity of falling a prey. In ttiis situation of affairs, a considerable part of the people in the southwesterly part of the Grants have utterly refused subraission to the jurisdiction of New- York, from the time that said line was established as aforesaid, by reason tiiat tbey not only claimed the jurisdiction but the right of soil also; which was befbre granted to the settlers and oth ers by the Governor of New Hampshire. All which is more fully set forth in sundry pamphlets, wrote and published by Col. Ethan Allen, relative to the New-York claim. On other parts of the Grants, that were by said decree subjected to the jurisdiction of New-York, the people thro' fear of losing their interests and being turned out of possession of their all, in some measure submitted. And at exorbitant prices ob tained regrants of their lands frora the Governor of New-York— which he presuraed to raake out, notwithstanding the express inhibition of tiie Kino. In this situation the people on the Grants continued, untill the late glorious revolution. And upon the declaration of Independence the peo ple on tiie Grants on both sides of Connecticut River, seeing the kind hand of providence in releasing them thereby from the galling yoke of bondaoe under which they had been held, began now to look out for themselves, and assert their natural rights and privileges in common with their brethren in the American States, . And as the circumstances of the Grants on the two sides of the river were (on account of the jurisdictfonal line settled m 1764) circumstan tially different, in respect to their connectfons vvith New-1 ork and New- Hanipshire, ttie Grants on the west side were fully de errainec (as they iraao ned by the proceedings of the Conventions and Asserably of the Slat°e of New-York that they had littie or nothing better o expect frora the nevv mo^e of government of that State than they had from the for mer) n^l to connect with thera; but to forra themselves into a distinct State with the whole of the Grants, so soon as time ahd circumstances wnnHTdmil and accordingly overtures were made by a Convention of the Grants on the west sTde^to those on the east side of the river as early Is Septembe? 1776 But those towns on the east side having transacted 528 Additions and Corrections, some affairs with Ncw-llampshire from the time that hostilities were flrst committed by Britain to the lime of Independence relative to the war &c,— and by reason of some disputes then subsisting between New- Hampshire and them, they were nol prepared to enter into a con federacy wilh the people on the west side of the river, untill the latter had formed their plan of Governraent, Bul in pursuit of the original object (viz, to be all united together in one political body, in case they could not agree to connect with New- Hampshire) a considerable number of towns on the Grants on the east side of the [River], in the month of March 1778, by a Committee ap pointed for that purpose, proposed to the Assembly of the Grants on the west side, articles of union and confederation; which proposals were ac cordingly by order of said Assembly laid before the towns on the west side, for their consideration and approbation. And at the Assembly held at Bennington in the month of June last, said towns on the east side of the river were received into union and confederacy with those on the west side, with equal rights and privileges, by a solemn act and resolve of said Assembly; and leave for other towns on the Grants east of the River to join; by virtue of which some others have since united. And they have since acted together as a distinct State, untUl an unhappy dispute arose in the Assembly at their sessions in October last, relative to the manner of defending the State, against the claim of New-Hampshire to the Grants on the east side of the river included in said union; occasioned by the following letters and report which were tiien laid before the Assembly, viz. 1. A copy of a letter from President Weare lo Governor Chittenden.' 2. A Copy of a Letter from President Weare to the New Hampshire Delegates at Congress; which is as follows, viz,' 3, A Report of Col, Ethan Allen, which is as follows, viz,' The foregoing letters, report &c, were all taken into consideration by a Committee of Governor, Council and Assembly ; on which the follow ing proposals were reported to the Assembly, and by thqm approved, viz,* In observing upon said letters, &c, wiU be shown the right of the whole of the Grants to unite and confederate together as before related. The State of the Massachusetts notwithstanding their undoubted right by charter to a considerable part of those Grants, by their neglect to challenge them as part of that State since the revolution, have tacitly relinquished that right to the people who inhabit them, and not to New- York or New-Hampshire, or either of them; and the right of organizing government araong theraselves must of course be acknowledged as be ing vested in the inhabitants until the Massachusetts assert and vindi cate their claira; which raay be done on much raore rational principles than those of New-York or New-Hampshire; and consequently ttiose Stales must be forever debarred from jurisdiction over those towns, were the raatter to be rested on this single point. As lo New-Hampshire; all their right may justly be supposed tobe comprised in the two letters from President AVeare before recited, as they are the result of the wisdom of the Council and Assembly of that Stale after near three years dispute on the subject. But before we pro- ' For this letter, see Vol, i, p, 414, ' For this letter see Vol, i, p, 413, ' For the report see Vol, i, p, 416; also p, 417, note 1, * For proposals see Vol, I, p, 418, Additions and Corrections, 529 ceed to take notice of those letters, we would observe that the people in l^JLnTP^ '•i^'^!^;,' '''''^'' ^"''"""^ '°to a political body,until the com mission to President Cutis as before mentioned. Under which forra of Governraent they continued (with very sraall variations) untU the cora raission to Benning AVentworth, Esq.; anno 1740 After which a com mission was made out to John Wentworth, Esq; who continued in the exercise ot his government until the present revolution. n''.fN®® commissions are all the Grants or Charters (if they raay be so called) which either gave jurisdiction or combined the people together, ancl whereby they become connected in any way or manner whatsoever. These two last mentioned commissions were made out merely at the will and pleasure of the Crown, and constructed as sovereignty saw fit. By these alone the inhabitants on the Grants were connected with the peo ple within the Mason claim. These were imposed on the people with out their previous knowledge or consent, and were continued for such time and liable to such alterations at all times and in such way or man ner as the King should see cause, both as lo extent of jurisdiction and mode of government. By these commissions the people were subjected without power of chusing or refusing. And the whole of the Grants, Ly virtue thereof only, remained connected with the people settled on ttie Mason claim, unlil the regal power was exercised in an arbitrary manner in 1764, tiy passing an order or decree in privy council, that the western bank of Connecticut River should be the line or boundary be tween New- York and New-Hampshire as before mentioned. This stretch of arbitrary power (obtained by undue influence) gave rise to and has been the occasion of the continuance of all the political disputes and troubles that have subsisted in this part of the country ever since. And the strenuous efforts of New- York and New-Hampshire io establish and maintain that unjust and arbitrary line are ihe only cause of the present dispute, which, must be decided,^ it seems (if we believe New-Hampshire) by ihe point of ihe sword,' For the people on the Grants, especially on each side oi the river, on account oftheir situation and other circumstances, are utterly averse from being divided. But to return to those royal mandates — We find that unbounded pre rogative is nol satisfied with this act in 1764; but has since ('tis said) made great part ofthe Grants with other territories a distinct province;' but this was too lale done lo take effect. Now we candidly ask the the [apparent repetition of'the"] question, which of those five lines (before mentioned) it is that New-PIarapshire raean when they sayj "Are they not within the lines thereof as settled by the King of Great Britain in Council prior to the present Aera ?" Certainly it cannot be the first, for that takes' off considerable part of the Grants tothe Massachusetts; nor the second,. for there is no pre- ' Red, It is supposed that the Unes in Italic in this paper were raark ed in red by Prof Ripley, ' By a comraission lo Governor [Philip] Skeene for a government on said Grants &c. made out a little before the commencement of the pres ent [revolutionary] war. In Vol, II pp. 239-'40, note 1, is Ira Allen's statement that Skene was appoinled governor of a territory comprising Crown Point and Ticon- derooa. This is confirmed by the obituary notice of Skene in The Gen tleman's Magazine, [London.]— See i>ocs. relating to the Colonial History of New York, Vol, vm, p. 416, at the close of the note, 34 530 Additions and Corrections. lence that the Mason line includes them; nor the third, for that includes all the Grants; and that New-Hampshire, has been utterly adverse lo, notwithstanding they have been repeatedly requested thereto. Neither raay we suppose it to be the last; because that will not answer their purpose. It must then be the line of 1764. But by what rule of right or reason they can make their choice, is beyond our perception to deter mine—for certainly if they would consider those acts ofthe King in the nature of grants, the former must have the presidence; bul if in the na ture of wills, then the line described in Governor Skeen's commission takes place; as that was the last will and testament which George the third raade relative to jurisdiction over these territories before his death, unless the Grants were included within the province of Canada, as extended by the Quebec bUl, as sorae have iraagined— But, thanks to Heaven, the legatees have never accepted the legacy since the death of the testator. Nor do they mean ever to a(;cept cither the will in 1764 or the last. Nor have either of those wUls been yet proved or approved, or ever can be, on account of the insanity of the testator. However, as it appears evident that the line pointed out in the decree of 1764, js the line they mean to maintain, as best suiting their design^ (viz,) for each one to have so much and no raore than what they can raanage to their purpose, and as this line is their caiiital bulwark and main strength, we will further consider the force of it, Il was obtained, in the first place, by the intercession of the govern ment of -New-York, by false representation, ihat it was ihe desire of the people living on ihe lands, io be annexed io New- York— that it would greatly commode them in trade and commerce &c. also Jjy undue infiuence by that Province, and some principal men iu New-Hampshire. And the poor Inhabitants (who alone must suffer the evil consequences) were forsaken of New Hampshire, and consequently under no circumstances to make, any defence, or even to be known in courf, of necessity fell a sacrifice. But the King being thus deceived the decree is in its nature void ' — much less have the parlies right to take advantage thereby of their own wrong, lo subjugate the Grants to their sinister designs and purposes: Nay, it is void as io all parties.' Therefore the jurisdiction of New-Hampshire (so long as there was any under the Crown) ought to have laken place as before said decree in 1764 passed. Again. If the State of New-Hampshire had any right to exercise jurisdiction over the Grants, they have (by refusing or neglecting to ex ercise it over ihe whole) forfeited their right to any and every part; for by the right or authority :hey raay have heretofore Jiad lo exercise juris diction over the whole, they cannot exercise it over a pn,rt only; as that would be a different exercise from what they would in that case be em powered to. Further. Supposing, for arguraent sake, that the decree, in the time of it, was ever so legal and binding on the people; yet New-Hampshire, under its ])resenl circumstances, can claira nothing by il; because that power which the governraent had by virtue of his coraraission (when the comraission became null and void) never averted to or becarae vested in the people by virtue ofthe commission, any more than though it never had been; and consequently New-Hampshire can have no right to exercise government over the f^rantj, on account of the latter having Notwillistanding it is said that ihe King can do no wrong, yet it is a settled raaxira that the King being deceived his acts or grants are thereby made void. 'Red. Additions and Corrections. 531 been connected with the former in the Governors coraraission, any more than though they never had been thus connected, AVhen the Kino's authority was thrown off and rejected by the declaration of IndepeV dence of the-United States, the royal commission became a raere nullity and was to the people as though it never had been, for it contained noth ing more than a positive coraraand to the Magistrate therein named to govern, and a requisition or command to the people to obey, Notiiino was contained in it reciprocal between the King and people. NothinS that the people could claim as a grant or beneflt, not even so much as the continuance of the coraraission itself: but it rested wholly al the pleasure of the crown. Now as the comraission altogether ascertained the extent as well as power of jurisdiction, when the commission was once removed out of the way, there were no more any limits of jurisdiction left than ihere was power of exercising it' Consequentiy there never hav ing been any confederacy of ihe people,' either by themselves or by any grant or charter from the crown or otherwise, whereby they ever were incorporated and uniled in a political body, whenever that compulsive power (which alone held them together) ceased, they became uncon nected;' and so will rencain until by iheir own act ihey unite and confed erate together,' as rauch as the thirteen Uniled Slates were before they entered into a confederacy. Nay the people never vvere at liberty to unite together or not unite until that despotic power which alone held them together, was thrown off; which was done by ihe declaration of In dependence.' And as New-Hampshire have not as yet settled any permanent plan of government, or confederated together any other way Ihau by a consid erable part of the towns (and those principally in the old Mason claim) acting together only for the purposes of carrying on the war, and in the meantime lo guard against criminal offences, and have therefore never as yet ascertained what and where New Hampshire is or shall be; they are" rather too early in making their challenges of jurisdiction, and threatening war an(i devastation upon those towns who have dared to assert their rights, and who have never acted with tnem since Indepen dence took place, (but have reraonstrated against their proceedings from the flrst setting up government in the manner they have done) except as to the affairs of the war raerely; which will be more particularly con sidered hereafter. Oue thing more may be proper in this place to consider, viz. What State the people on the Grants were in when they were released from the government of Britain. And flrst. Did ihey revert io a State of nature f AVe answer. iVof wholly so.' For so sure as the coercive power of the King was rejected and ceased to operate, ihe people made a stand at the first legal stage,'^ viz, iheir town incorporations,' which they received from the King as littie grants or charters of privUeges by which they were united in littie incorporated bodies with certain powers and privfil(3ges which were not held at the pleasure of the King,' (as those commissions were) but were perpetual.'- These the people by universal consent he d sacred; and so long as they hold those grants so long do they hold themselves subjects of government according to thera; and as such must and do they act, and transact all their political affairs. Hence it is tha the major part of one of those towns have a right to control «^ »»"«!; f";*; These are all the grants the people ever had f^o™.^,'^/..^mg whcieby thev become united together aud could hold against the King &c. Oon- sequenlly Uiey willremain so many distinct corporation^ntil they agree 'Red. 532 Additions and Corrections. to unite in one aggregate body. But to this doctrine there has been an ob jection raised by some, viz. That if the case is as here represented, every of those towns (if they please) may be a State by itself &c. To which we answer. Supposing the consequence is just it will not destroy the proposition; and the objection might with as greal propriety have been urged against the thirteen uni.ted States being distinct separate bodies, befbre ttiey united or confederated together; for the two cases are ex actly similar, except as to their extent. Moreover, so long as raen have a regard to the safety of their persons and farailies, their liberties and properties, they will naturaUy associate and confederate together, so far as will best secure theraselves; which is the whole design of govern ment. And the same principle that influenced to hold sacred those town incorporations, will prompt them to unite still further. Necessity and interest are so influential in this matter that there is nol the least danger. The only difflculty ever arising in this case is the manner and form of uniting, and mode of government. Again, perhaps il will be otijected by some, that the principles here laid down will apply as well to the towns within the Mason claim as lo the towns on the Grants, and consequently they will have the same liberty &c. To which it raay be said, that there is al least this difference in their circumstances, viz. (1.) The people within the Mason claim, from their education, customs and manners, are of one notion and sentiment in re spect to the principles and raode of government; and theretbre are weU uniled. (2.) They hold their landed property by llie sarae tenure, but diverse frora the Grants. (3.) The inhabitants flrst set-^ Marked in -written tied on that claim, agreed iu chusing thera a King, J '"•^ifortrue?"''' (alias) a Kingly government, by petitioning ibr and receiving it. (4) They have acted together so long that Ihey may claira any union by pre scription, having enjoyed an uninterrupted connection in the exercise of governraent among theraselves beyond the meraory of raan. In all these circurastances the people on the Grants are different frora those on the Mason claim. But sufflcient has been said here and in a former Letter signed Re publican,' as to the right that New-York and New-Harapshire have to exercise jurisdiction over these Grants by virtue of those royal decrees and coraraissions. We pass on now to consider sorae other reasons as signed in the foregoing letter, which we should not think worthy of no tice, were il not that they are almost all of them palpable falsehoods and misrepresentations, raade use of to excite the indignation of the highest power in Anierica agaiust this new rising Slate, and to bring tbe power of the United Slates upon them, without their having an opportunity of defending their cause, or even lo know the accusations alledged against tiiein, until the decisive sentence is passed— a raeasure not parallel except in the inquisition. We shall therefiire in the flrst place notice that clause iu the let ter to the Stale of Vermont, where it is said " that the sixteen towns are not connected wilh any State wilh wilh [literal] respect to their internal police, is an idle phantom a mere chimera without the least shadow of reason &c,- that the town of Boston in the Massachusetts, or Hartford in Connecticut might as well evince their not belonoino to their respective States, as those sixteen towns their not being connected with New Plarapshire, &c." It is surprising that men who pretend to be wise politicians, by being educated under an arbitrary government, are so grossly ignoran't ofthe f Note in writing, "printed at Danvers, 1778," Additions and Corrections, 533 distinction there is between charter rights and the exercise of despotic power. Do they not know that every individual inhabitant, and conse quently every town in the Stale of Connecticut by charier raake up the Governor and Company of that Colony or Stale, And that by the same grant or charter they hold all their landed property, as ratich as any body of proprietors of a township or tract of land. And by the same charter they are made a body corporate and politic in name and fact. And in holding this charter sacred they hold theraselves indissolubly connected together, AVhich bond of union must reraain so long as the State exists. There never has been nor does tbere need to be any alter ation of the mode ol government in that State to comport with a stale of independence, but the transposition of the narae in which the execu tive power is exercised frora the King to the people. In the same way and manner are the people in the Massachusetts held together and united viz. by grants and charters from the King con taining both landed property and jurisdiction, which the King could not constitutionally alter, and which ttie people still hold sacred, and thereby hold themselves connected together as much as Connecticut. Now, wherein does New-PLimpshire corapare with these two Stales? for take away the royal prerogative power vvhich alone held thera together, and what have they left ? Nolhing but a nuraber of liltle town incorpora tions — there is not a shadow of a confederated State left — Nothing bul an erapty narae, New-Hampshire as such never owned one inch of land or farthing of property,'- neither could they ever so much as grant a town incorporation, nor had they right to a voice in that matter. In short, they never were a body politic in any legal sense whatever,' and nolhing more than a nuraber of people subjected lo the obedience of the King's servant in such way and manner as the commission prescribed; very similar to the old feudatory systera in England, Now lo corapare the towns on the grants as being in like circurastances wilh Boston and Hartford, is not only " an idle phantom, a mere chimera," but au act of profound ignorance. As to the question " Were not ttiose towns set tled and cultivated under the government of New-Hampshire," We answer — They were not. They were granted settled and cultiva ted under the King of Great Britain, (by the agency of his servant the Governor of New-Hampshire) and entirely at his control, as much as ithe towns on the Grants west of Connecticut River; and as liable as they to be put under the immediate jurisdiction of any other person than the Governor of New-Hampshire, whenever the King should please to do it. The next argument made use of is, that most of those towns sent dele gates to the Convention in ihe State in 1775— Tis true they did'— and fbr the sole purpose of devising measures lo defend against the tyrannical power of Britain which then began openly to set itself in hostile array aoainsl America, And by the arbitrary conduct of ihat Assembly in set ting ihe mode of representation ' (which they were never authorized lo do) ihey disgusted many towns then connected' with the Province or state, so that thev have never connected with them since,' except to remonstrate against their proceedings, both lo the Asserably and people at large. But whalt of all this ? were we not then all under the jurisdiction of the Kino ? Yes; and long afterwards; for independence was then scarcely '"-rlfp next thino- alledged is, that frora the comraenceraent of the pres ent war f/iev have applied io ihe State of New Hampshire for assistance and protection,' and that New Hampshire al their own expense hath sup- ^Red. 534 Additions and Cvrreetions. plied them with arms and amrauinlion to a very great amount as well as paid soldiers for their defence &c, , , ^ , v, f -r n Here seems to be a magazine of stores played off at once— but if aU was fact, we hardly believe it would amount to a consideration— tor by the same reason every State upon the Continent would claim jurisdiction not only over the Grants, but over every other Stale, upon the score of de- fendino thera; so that it would be difficult to determine which had the best rioht— But when the matters are considered in their true light, they wiU appear but a mere flction-The true stale of the case is this. At the beoiuning of the war, when we were all connected,' we did apply to New Hampshire for arras and araraunition; bul to very littie purpose: tbe expense of application was more than the value of what was ob tained Tis true tiiey did advance a few barrels of powder, and a quan tity of lead not equal to the powder, and some flre arms; for the vybole of which ample security was given to the Slate at the time of receiving them, either to return or pay for them. And besides, these towns, not withstanding the repeated solicitations to New Hampshire for supplies &c were oblioed lo apply to other of the united States, and from them received very 'considerable supplies, on the sarae terms as those received from New-Hampshire, and without being claimed on that account as being under their jurisdiction, except by New-York. But what a vain pretence is tiiis that il was done only to defend Us, when in fact the enemy were never known to have been within flfty nnles of Connecti cut-River, which is the utraost western limit which they claim in those letters. The defence yielded both by New-Hampshire and Us, was at Bennington, the Creek, Ticonderoga and Lake Champlain, &c, where the general cause was the immediate and principal object, and where most of the United Slates defended, and who notwithstanding we believe never thought of claiming jurisdiction on that account. Such pretences not only argue the weakness of their cause, but meanness of spirit, as it is well known tiiat the people on these Grants have, ever since the commencement of the war, exerted themselves to their utraost in raising Soldiers and Militia to subserve the general cause ofthe Uni ted Slates, This same plea Britain made,' (viz,) thai ihey had been at great expense in defending America in the last war, and therefore had a right io subjugate them, &c. Furthermore, 'tis true (tho' not alledged) that the military officers' of the regiments in those towns received comm'issions from the Conven-^ tions of New-Hampshire,^ obeyed orders from them, &c, before indepen dence took place, and acted upou them in some measure afterwards. Which they did upon this principle (viz.) That we must do our part to raaintain the American cause; and as we were not nor could be in a sit uation lo regulate our militia until we were settled in a regular state of civil government, il was thought best lo continue in that respect as we were for the present, as it mattered not so much what slate we acted under in that respect, as that we did our duly. And indeed no part of the state of New-Harapshire hath done equal to what these towns have in supplying men for the continental army, turning out on alarms, scouting, &c. The next thing mentioned is, " that near one half of ihe people in those revolted towns'^ (as they are called) are awerse io ihe proceedings of ihe majority, who threaten to confiscate iheir estates,^ if they do not join with them; and that they are about to apply to New-Hampshire for assist ance; and that sorae have already applied," &c. These assertions, as they are represented, are entirely false, — And in Additions and Corrections. 535 order to set them in their true light, we are under the disagreeable ne cessity of troubling the public with some facts, which we should not oth erwise have done. The truth is, in some of those towns there are a few who do not agree in opinion with the major part; but in those we dare challenge any cred itable person to say ihat ever there was ihe least threatening by the major pari io'confiscate iheir estates,^ or even to injure them either in their per sons or properties in any way whatsoever (in that account. And noth ing short of malice and envy could influence any person to make such report. As to those who have applied for relief, &c, we know of none, except one Col, John Hurd, formerly of Haverhill, at Cohos, (who, to the great joy of the people, has removed out of that part ofthe country, a mutual disaffection having arisen between him ami the people) who has made application to the Assembly of New-Ilampshire, and frora them obtained a summons or order to notify a certain gentleman living in said Haver hill, lo appear before said -Assembly, lo answer to certain defamatory charges some time or other laid in by him against said Hurd — also one Nathaniel Hovey, lately living iu Enfield, (who is well known to have been a litigious person from his youth up, and consenting to be a tool for said Hurd, lo assist hira in holding sorae lands which he claims in said Enfleld) who occasioned such disturbance in the tjwn, that they warned him to depart — and after some lime (he not obeying the order) the constable, by warrant from the select-men, proceeded to remove him and family towards his last settlement, &c, for which transactions we understand he has beeu incessantly applying to New-Hampshire for as sistance as best suiting his circumstauces. These we are well assured, are all the applications that have beeu raade, and the only motiou that we know of that kind. These are the terrible things which are painted in such high colours, as tho' they all originated from the joining of those towns wilh the Grants on the west side of the river; wtien they are nothing more than mere party disputes, which would have arisen it there never had been sucb an union. And we suppose that the Council and Assembly of New-Harapshire have in this way had their information of all those extraordinary things men tioned in their letters (including the affair of Col. Bedel') that are in so solemn a manner transmitted to Congress for a foundation oftheir pass ing some decisive sentence against us; which would (according to Col, Allen's report) have imraediately laken place, had il not been for his interposition &c, Aud as we have no place in Congress, we are obliged in this way to appeal to the public to defend ourselves against such un- ^Red, ' The suooestion or rather assertion in President Weare's letter, " that Col. BedeT by influence of money and his cominand has occasioned a great share in the disorders of those towns " is as destitute of founda tion as raost other articles contained in it. And the inf()rmation that verv littie service has been done by him '' and " the desire of the raore sober solid people lo have him removed " was doubtiess from some dis affected l^ersons who apprehend the defence of this frontier, and (pei- hansl of the large quantities of continental stores collecting in this quai- fe?will beof vlryUllle service, and who wish to have all defence re moved that they and the inhabitants may lie open to tiie depredations of Ihe enemVfrom^ Canada, who have (without doubt) been kept from ray- agino tto flwtier, only by their knowledge of Col. Bedel's regiment's being stationed here. 536 Additions and Corrections, fair and injurious conduct of our adversaries, who have in that respect an advantage in their hands. Again, We take notice in those letters of their referring lo arms to decide the dispute, when at the same time there is not the least hint that the people on the Grants ever meant lo defend their right in that way. Nay they expect lo support them by fair reasonings founded upon principles of justice and righteousness in an open and public manner, giving their adversaries the opportunity of a fair and impartial trial in any tribunal that may have cognizance of the cause. Whether this fre quent recourse to arms is to surprise Congress into an hasty determina tion by an ex parte hearing or lo lerrifv and affrighten us to a submis sion, or whether it is for want of justice, argument, and reason to sup port their claim, or all of thera, we subrait to the impartial public to determine. We would here observe further, as lo the circumstances of New- Harapshire, tiiat since these disputes have arisen, bul little^ (if any) more than half the number of inhabited iowns,^ within the liraits they claim ju risdiction over, are represented in iheir assembly,^ or mean to be, under their present mode of acting; and this is the great instituted power that claims such extensive jurisdiction eveu over a greater extent of inhab ited and unrepresented territory, than what is represented. Moreover, this partial assembly , when they issued orders for a convention of delegates' from all the towns in the state (as they claira it lo be) to assemble and form apian of government for the State, would not trust il wilh them to prescribe how it should be established, but determined^ themselves that when the Convention should agree upon and publish a plan of govern ment, it should not take place, unless three fourths of the Inhabitants in the State should agree io it.i Thereby retaining power in five or six towns in the easterly part ofthe Slate (by reason of its numbers) to negative near one hundred and fifty other towns. This convention have already existed about six months without agreeing upon any plan, and have adjourned for another six months for consideration; and when they shall have fln ished their business, or come to an end is uncertain. Under such conduct, what people that have any regard for themselves or posterity, will subrait to their governraent ? Surely none that can do otherwise. And yet they pretend lo appear among the confederated States, as having full and compleat right to control these extensive Grants. Much more raight be said (if needful) relative to their conduct in dis regarding and rejecting the coraplaints and remonstrances ofthe people against their arbitrary proceedings, ever since they set up their present mode of governraent; and yet they have tbe confidence to represent in Congress, that " every condescending measure that could be invented, has been tried from the beginning ofthe schism, and rejected," when in fact they have never given up the least point coraplained of frora first to last. The foregoing facts will evidently appear, whenever they may be called in question, by written and other authentic vouchers. We shall now offer some reasons of the propriety of the Grants being a distinct State, upon principles of prudence and equity. And, 1"', As to their local situation — the lands near Connecticut-River, between the raountains heights on each side, that are suitable for culti vation, in a general way are about thirty-six or forty miles wide, and about one hundred and fifty miles in length from Massachusetts North line (as they now exercise jurisdiction) to CanadS South line, as settled in 1764; through which Connecticut-River runs so as about equally * Red, Additions and Corrections, 537 divides it lengthwise, and tiieretore the River's being made a dividiuo hue be ween two Slates, divides a country that Providence has wisely calculated lo belong together, and so situated that the inhabitants livino thereon may, by being united, manage their political affairs with con venience; and so calculated by proper intervales through the western mountains or heights, that the passes lo and frora the inhabitants on the Grants west of the Green Mountains (so called) are convenient, 2. Tlie connections and commerce of the people^ on each side of the river, are, and always will be, so interwoven and connected'' witii each other, that it would be very disadvantageous lo be in two different juris dictions, 3. The inhabitants (almost to a raan) emigrated frora the Massachu setts-Bay and Connecticut, but chiefly Irom Connecticut; whereby their manners, customs and habits are conformable to each other, and their prin ciples and sentiments the sarae in regard to religion and civil govern ment; but very dift'ereut from the people of the States of New-York and New-Hampshire; which different principles by education and cus tom are become so habitual and hereditary, that it is beyond the power of man to eradicate them, and theretbre will cause a jarring discord be tween them so long as they are continued together. 4, The Grants (exclusive of those in the northeast part which lie more contiguous lo the center of New-Hampshire) will raake a respect able State by themselves, and the other two States not be injured thereby, especially New-York; and as to Nevv-Harapshire, it will be much larger than it ever was until since ihe last war, and .iiore than twice as large in extent of territory as the Slate of Rhode-Island. 5, The people inhabiting those lands, having undergone the hard ships and fatigues of settling this once howling wilderness, and the suf ferings and losses occasioned by the war; and having exerted them selves to their utmost (in the .grand American cause) wilh their breth ren of the United States,' ougtil not after all lo be divided and appor tioned to and between New-York and New-Hamiishire, merely to serve theraselves of us, lor their political and interested [lurposes— and all be cause they will esUiblish that arbitrary line of 1764, 6.' These Grants ' are so situated that they will always be an important frontier to the United States^ (so long as Canada continues under ttie con trol of Great-Britain) and by being a distinct State, will be in a much belter capacity to act their part as such, than by being the out-skirts of other Slates, 7. In the early settleraent of this country, the Reverend Doctor AVheelock's charity school, founded on the most noble and benevolent basis, and incorporated wilh a University by a grant or patent from the King of Great-Britain, was introduced and settled in this part of the .^..u.^^ Cil vj disposed to palrc .. ,-u it falls into the State of New-Hampshire, it will be in a State which has heretofore (as such) shewn a very cool disposition towards it, and prob ably will continue the same neglect of it, and principally (perhaps) on account of its situation, -^ i • *, ¦ i 8 The neople on the Grants are well agreed and united in their plan of governnienl already adopted, whereas New-Hampshire have not, as vet ao?eed on any, and there is very liltle prospect (by accounts) that they will soon. And as lo New- York constitution or plan of govern- iRed. 538 Additions and Corrections. raent, if there was no other objection, that alone would be a sufficient bar in the way of connecting thera. 9. The greal distance most of the towns would be at from their sev eral seats of government, in case they were connected with New- York and New-Harapshire, is a powerful reason why they should nol belong to tiiem, if there was nolhing else to be ofl'ered on the head, 10, Therefore, on the whole of the foregoing facts and observations, we are fully persuaded (and believe every impartial judge will be also) that the people on the Grants, considered in everypoint of view, have a natural, legal and equitable right to unite together and form themselves into a distinct State or Government, in the manner they have d(me, and that the , are all on botii sides of the river, upon the same political foundation, and have an equal right to acl in the affair: for certainly if the line settled in 1764 is established for New-Harapshire, it is also for New-York; and if it is void as to New-York, il is also void as to New- Hampshire; but sufficient has been already offered to shew that it is void as to both. And as we are determined to be and remain together, and not be split up and divided merely lo serve the interested and designing purposes of New- York and New-Harapshire, or any others; and to convince all that our raotives do nol arise (as has been represented) from arabitious and schisnialical principles: but on the contrary, that they are only lo obtain the privileges and benefits of civil g(pvernment in common with our Ainerican brethren, aud to put an end lo all disputes on account of our being a distinct Slate, &c. We would recommend that the follow ing terras and proposals be made to the Asserably of New Hampshire, viz, 1, To agree upon and settle a dividing line between New Hampshire and the Grants, tiy coraraittees from each party, or otherwise, as they raay mutually agree, . Or, 2, That the parties mutually agree in a Court of Coramissioners of disinterested, judicious men, ofthe three other New-Enghind States, to hear and determining the disputes. Or, 3. That the whole dispute with Nevv-Harapshire be submitted to the decision of Congress, in such way and manner as Congress in their wisdoni shall prescribe. Provided always. That the Grants be aUowed equal privilege wilh the other party, in espousing and conducting their cause. Or, 4. If the controversy cannot be settled on either of the foregoing articles, and in case we can agree wilh New-Harapshire upon a plan of governraent, inclusive of extent of territory, that we unite with them, and become with them one entire State, rejecting the arbitrary line drawn on the western bank of Connecticut river, by the Kiu" of Great Britain in 1764. Before we conclude, we think that duly to the public and regard lo the honor and dignity of the Continental Congress, require that we make a few reraarks on the report and declaration of Col, Ethan Allen, before recited. On which we must observe, that if his account be true, as be fore related, it is in a degree alarming ; as of all other legislative, judi cial or executive powers on the contineut, the Congress (who hold the supreme power) ought to stand in the highest and fairest point of view;. and uo court has more jusUy obtained an established character lor wis dom, integrity and impartiality, and noue so clear from the imputation of intrigue and bribery of any_kind whatsoever. And as it is of the highest importance that their character be supported; and that they and the public be acquainted with everything of a public nature, which is derogatory to the honor and integrity of tiiat august body, we have Additions and Corrections. 539 of°th™H'',frnf t?' '" l'"'ii«h to the world Col. Alien'., reuresentalion of the conduct ofthe New-Hampshire' delegates, contained in his report and declaration before rehearsed, which we conceive " ot obtaining our cause that we despise, for wo desire not to have that hon orable body or any member of it, injure their character for the sake of helping us; nor that they do the same to our injury. If the justice ol' our cause, when rightly understood by impartial' judges, won't support us, we are willing to fall. And as the said report and declaration are matters of fact, and lie fair for every one to make his comments upon, we submit thera witiiout saying anything further thereon. Jacob Bayley, ) Elisha Payne, i- Comraittee, Beza AVoodward, ) New-Hampshire Grants, Dec, 1, 1778, Next in order comes the record of the Convention at Cornish, N, H,, of Dec, 9, 1778, for which see Vol, iii, pp, 499-501, Letter from Ira Allen to Meshech Weare.' AVindsor, Deceraber 12"^, 1778. Hon'd Sir- As I wish to do nothing that conserns a Neighbouring State, but what should be there made known, I therefore herewith Inclose to you my Printed Letter to ihe Inhabitants of this Slate, as also an Exti-a<;l ofthe Prosedure of - 297, 301. ;i25, 330. Morris, Gouvernuur,334; lion. Lew is K.. 68-70, 75-77, 99, 103, 107, 110- 112 202, 222, 231, 391, 410, 4'26, 443, 454, 558 General Index. Morse, BarzUlai, .384 ; Ebenezer, 427; John, 370, Morton, Abner, 348; John, 299. Moseley, Nathaniel, 117. Moses, Arteraas, 291, 298. Mott, John, 325; Joseph, 28'2, ,305; Richard, 63, 66, .88; Samuel l.,203, 335, 350, 476. Mower, Nahum, 130, 478. Mudgetl, Truman, 476, Multierry trees, 26'2, Munson, Ephraim, 300, .309; Lyman, 112; Seth, 16, Murdock, Prudence, 250, 298, 302, Murray, John, Earl of Dunmore, 540. Muzzey, Benjarain, 72, 106. Myrick, William, 110, 244, 384. Needhara, Benjamin, 384. Neilson, James jr., 107. NeweU, Gen. Jo'hn, 301, 342-3; Na thaniel, 115, 192, '200. New Hampshire, 323, 437, 506-7, 513-615, 517-18, .521-524, 527-5:34, 636 543 ; New Hampshire de fended, 521-525.— See Union, East ern, New Jersey, 323. Newton, John jr., 284, 3'22. New York, 116-17, 224. 333-4, 340, .350, 387, 416-17, 452, 455, 513, 515- 518, 522-.524, 527-530, 532, 534, 537- 8, 540, 542, Nichols, Alfred, 336; Col, Richard, 516, Nightengale, Joseph, 68, 82. Niles, Nathan, 165; Hon. Nathan iel, 1, 2, 4, 5, 7, 10, 12, 13, 16, 18-20, 22-24, 28, 32, 34, 36, 38, 41, 48, 50, 52-3, 56-59, 62, 65-6, 72, 74, 81-2, 89-92, 94-6, 97, 99, 100-103, 106-7, 112-114, 125, 133, 1.35, 137, 139-40, 140-7, 150-61, 153, 168, 160-01, 164, 166-168, 171-174, 177, 181, 183, 190, 376, 411, 426, 444, 453, 455, 459. Noaks, AVilliam, 476. Noble, Asahel, 288; Luke, 287, 289; Nehemiah, 61, 105; Obadiah jr., 348. Norris, Mark, 154, '274, 296. North Carolina, 74-6, 368, 390, 415-16, North, W,, 334, Norton, John jr., 291-2, 295-6; Sal raon, 202, 209, 228, 245, 247, Noti, John, 21, 50, Nova Scotia, 456, 616, Noyes, John, 6, 6, 8, 38, 266, 432, Oak, Jonathan H., '274. Oakes, Benjarain H,, 194, 2.52, 300. Oatman, Diiniel, 214, 226, 230, 2.32. Observations on the right of juris diction claimed by New York and Nevv Hampshire over the New Ilamjishire Grants &c., printed in 1778, 613. Officers of corps of Vt. volunteers for Ihe war of 1812, 384. Ogden, Maj. Matthias, .544. Olcott, Gen. Roswell, 97. Olds, Gen. Plorace, 127: Jesse, 152, 1.57, 468. Olin, Hon. Gideon, 419 ; Lt. Gov. Ilenry, 5, 7, 16, 17, 19, 24, 26, 33, 103, 105, 107, 109, 113, 123, 125-6, 152, 165-6, 159, 183, 192, 19.5-6, 200- 202, 219, 2-23, 231, 241, 244, 266, 281, 306-7, 313, 347, 352, 379, 386, 414, 432-434, 469, 465, 468. Orange County, 172, 432, Orcutt, Bildad. 383-84. Orieans County, 15, 108, 181, 343, 366. Ormes, Gen. Jonathan, 296, 379-80, 382. Ormsbee, David, Gideon, and Jon athan, 206; Capt. Jonathan, 212, 476; Joseph, 209,218; Mason, 384. Osborn, Thomas, 358; Timothy W., '249. Osgood, Nathan, 43, 45-6, Otis, Hon. Harrison G., 414; Ste phen, 192, 215. Otier Creek, 51, 63. Owen, Joseph, 70. Owens, Jonathan, 384, Page, Ralph, 361.; Phinehas, 384; "\Villiara jr., 1. 3, 63-4, 56-7, 100- 102, 114, "146-7, 186, 192, 195, 198, 207-8, 213, 217, 238, 241, 243, 502, Paine, Hon, Elijah, 427, 430, 439, 470; Seth, 290 Painter, Hon, Gamaliel, 14, 59, 63-4, 68, 245, 352, 425, 467. Palmatier, John, 380, 384. Palmer, David, 104, 134; Gershom, 59, 108, 193, 201, 242, 306; John H., 62, 84; WiUiam, and Jehiel, 64-6; Gov. Williani A,, 316, 348, 376, 408, 411 Pardon of Slate criminals, form of, 292; warriuil for discharge, 2S3. Pardue, Michael, 290. Park, Thaddeus, 200. General Index, .559 Parker, George. 263-4, 329 359- E & T,, 298; Henry, 318;' Ja^es; 243; .Tohn, 159, 384; Jonatiian 107, 122, 2-22, 233, '2(i,S, ;j68, 372" Ralph, 161,207, .3:32, ;3(34; Rufus! 317, 361, 372; Thomas H., 58-9 61 113,166 Parmalee, Rev. Simeon, 188-9. Parsons, Ezekiel, 384. Partridge, Capt. Alden, 466, Patrick, Joseph, 201, Patterson, Josiah, 60 ; Hon, Will iara, "345, Pattison, Amzi, 284, Payne, Ll. Gov. Elisha, 539, 644; Seth, 198, 246, 321-2. Peari, Stephen, 58-9, 68, 72. Pease, Chester, 290, 290, 326, 352, 369-60; Josiah, 476. Peaslee, Daniel, 135, 160, 205, 210. Peck, Gen. John, 306, 341,344, 346- 7, 384, 408, 447. Peckhara, Sarauel, 44; Samuel jr., 246. Peel, Sir Robert, 496, 498. Pemiquid, 515. Penniman. Dr. Jabez, 472-3, 475; Udney H., 4.34. Pennsylvania, 264, 266, 288, 323, 390, 416, 421. Perkins, Gains, 384 ; Henry, 110; Nehemiah, 63, 66, 384, 426. Perrigo, Branchcomb, 331. Perry, Abijah, 66 ; Anthony, 384 ; Jaraes, 198, 217, 222; Joseph, 69; Sarauel, 112 ; Williara, 14, 424, 467, Peterson, Jonathan, 60. Petition of Capt, John Vincent, an Indian, 24, Pettes, Stephen, 433. Pettifoggers, 183. Phelps, JBissel, 69, 110; Charies, 384; Matthew, 384: Samuel, .3, 58, 61; Sylveste ', 182. Phi'Uips, Ezra, 317. Pickel, Christopher, 29, 32, ;34. Picket, Benjamin. 372, 375. Pier, Moses, 317, 3.36. Pierce, Hezekiah, 161; Jason, 372; Jotham, 384, Pike, David, 291. . Piscataqua river, 52.^, •'^-O. Pitkin Stephen, 19b. Platt, AbeL 207, 290, 317, 383-4. Plnmlev Alexander, 40. ?Sitica^'notes, 1, 68, 100, 191, 389, 393, 399, 408, 411, 414-416, 465, 472- 478, 484, 503, 505. Pomeroy, Seth, 14, 19, 27, 58-9, 68, 467. Pond, Samuel and Keren, 2!)3; Silas 63, 105, 13,3. Pope, Samuel jr., 305. Porter, Aaron, 209; Benjamin, '290; Elias, :320, ;3:30; Ezeki'el, 6, 6, 11, 14, 19, 58-9, 74, 202, 467; Hon. John, 440; Samuel, 13, 58, 63, 68. 70, 78, 89, 424, 444; Thomas, in stead of J., 5, 105, 114, 120, 320, 330, 426. Post, Aaron, 3'25; Martin, 10, 58, 246, 602. Potter. Jaraes A., 3, 11, 21, 41, 53, 118, 120-21, 132, 218, 457; WUliam jr., 286. Powell, Rev, Martin, 373; Truman, 284, 299, Powers, Lawrence, 291; Hon. Thos, E., 441. Pratt, Joel 2d, 194, 196, 201-2, 214- 15, 230, 241, 431; Lewis, 197, 213, 215. Prentiss, Hon. Sarauel, 434. Presidential Electors, 38, 219, 221, 376. Prevost, Sir George, 497-8. Prichard, Archibald, 113, 129. Pride, Amasa, 436; Daniel, 337. Prindle, Sherraan, instead of Sam uel, 30, 31, 194. Proctor, Thoraas, 63. Public Defence of the right of the New Harapshire Grants lo be an independent State, printed in 1779, .525. Putnam, Isaac, 242-3; Seth, 83, 152, 192, 201, 214, 229, 468, Quebec bill, 530, Rarasdell, David, 164, 2.51, 261, 270, Randolph, Hon, John, 419. Rankin, John, 369, 381, 384. Rathburne, Wait, 16, 317. Ray, Zelotes, 358. Razey, Williara, 363 ; Williani A., 265. Reed, Daniel, 63, 80; Horatio, 291, 319; Issachar, 51 ; Thoraas, 254, 276. Reeve, Erastus, 384. Reraington, Elijah, 247,3.57; SUas, 207, 215, 228; Thomas, 233, 560 General Index. Reynolds, Charies, :32 ; Elisha, 29, 34; Elisha E., 271. Rhode Island, '207. Rice, Amos, 4:34 ; Thomas, alias Nicholas, 156. Rich, Hon. Charies, 3, 5, 11, 21. 58, 6-2-3, 66, 70, 73, 102-3, 105, 107, 112, 115, 118, 1-28, i;30, 132, 1,50, 152-3, 1.55, 163, 172-3,182, 192, 195- 197, 202, 207, 210, 221-2, 220, 228, 241, 244, 208, 316, 396, 398, 402, 411, 414, 416-17, 422, 447, 467, 464- 5, 467, 501— note on, 464; George, 2S1 ; Moody, 241 ; Sarauel, 428 ; Thomas. 464. Richards, Joseph R., 441; Lt Gov. Mark, 3. 11, 19, 26, 376, 414, 435, 446, Richardson, David, 216; Frederick, S3; Jaraes, 106-7; Johnson, 26-6, 155, 203, 232, 250, '282, 297; Jona than, 326, Riddick, Jo; 415. Ripley, Rev. Sylvanus, 525, 529. Rising, Josiab, 13, 68, 63, 74, 1:37, I6O7I.57, 223, 281. Robbins, David, 62, 88; Zenas, 247. Roberts, Christopher, 75, 153, 158; James, 113; Joel, 123, 323. .355, 378; John, 75; Martin, 75, 322. Robinson, Amos, 76, 104, 196, 209, 243; Gen, David, 296, 446-7; Eber, 129-131; George, 160, 179, 192, 196, 200, 217, 244 ; Jaraes, 318; Gov. John S., 4:35; Hon. Jonathan, 2, 4, 12, 58, 71, 108, 152-3, 204, 309, 473; Joseph, 3, 8, 58, 218, 230; Gov. Moses, 106; Moses jr., 191; Nathan, 46, 104, 281, 306 ; Ste phen, 384. Rockingham Counly, N. PL, 510. Rockwell, Northrup, 317, 334. Roe, Isaac and John, 194. Rogers, Clark, 196 ; Daniel, 348 ; John,317; John jr., 336; Josiah, 69. Rood, Humphrey, jr., 384; Thomas D.,467. Royce, Rodney C, 434-6. Roys, Caleb, 166. Ruggles, Nathan, 363. Rush, Hon. Richard, 148. Russell, Ezekiel, 513, 5-22. Rutland County, 171, 432, 475. Safford, Erastus, 8; Joseph, 61; Hon. Samuel, 1, 3-5, 11, 14, 20, 54, 57-8, 166 — note on, 58. Sage, Moses, 325, 336, 339, 367. St. Clair, Joseph, 79. St. Lawrence river, 453, 456. Salem river, 622. Sanborn, Jethro, 193. Sanford, Benjamin, 61; David, 265, 272, 384; Isaiah, 196, 251. Sargeant, Christopher, 69. Savvyer, Ebenezer. 252, 270, 277 ; Nathaniel P., 69, 72; Richard, 62. Saxe, Peter, 172. Saxton, or Sextiui, Reuben, 16, 66, 192, 200, 256, 4-26, Schuyler, Adonijah, 446; Gen. Phil ip, 7, 10, 545— letter of, 462. Scioto river, 25. Scolt, Dred, case of, 346; Henry, 164; John, 209; Col. Joseph, .355; LemueL 85, 247 ; Pearly, 108 ; AVilliam, 154, 220, 228, 257, 272, 276. Scovill, Asahel, 384. Seegar, Gideon, 60, 110. Sewall, Jonathan, 504. Seymour, Hon. Horatio, '238, 240, '242, 250-253, 257-8, 263, 268-9, 271, 274-5, 279-281, 283, 287, 293-4, 299, 300. .304, 312, 314-16, 318-19, 332, 336; 338-9, 341, 344, 346-7, 368, 374, 382, 446, 449— note on, 240. Shatter, James, 69, 196, 244, 433. Shaw, Elijah, 193; Dr. Sainuel, 3-5, 9-12, 16, 20. 24, 2(i, 30, 32, 36, 38, 68. 72, 89, 101, 103, 108, 110, 113, 119, 130, 134, 147, 149-153, 158, 161- 164, 172, 174, 178, 187, 190-91, 414, 4-24, 453, 469 - note on, 149. Shearer, 'Williain jr., 248. Shedd, Nathan, 289. Sheffield, David, 213, 350, 476. Sheldon, David, 71,384; Micah, 378; Samuel B., 3, 5, 9, 12, 14, 66, 121, • 133-4,1:38, Shepar(l, Aaron, 274, 296; Bohan, 15, 23, 54; Sarauel, 206. Shepardson, Hon. Sainuel, 1, 3, 4, 6, 19, '22, 24, 28-30, 32-3, 35-37, 40, 41, 46, 48, 50, 54, 56-69, 66-7, 73, 75, 78, 86, 88-90, 92, 100-103, 107, 109, 112, 114, 116-17, 131, 133-136, 145, 147, 150-51, 156, 159, 161, 169, 177, 181, 190, 221, 455. Sherwin, Nathan, 319. Shumway, John, 11, 14, 19, 30, 150, 152, 467-8. Slmtts, Caonrath, 323. I Silloway, Thonias W., 441. General Index. 561 SUsbee, Enos, 193. 213, 217. Skeele, Elder Thomas, 315. Skene, Philip, 629, Skinner, Gov, Richard, 12, Slade, Thomas, 151 ; WUliam, sen., 64, 100-102, 114, 146, 154, 164 244 252, 376; Gov, WiUiam, 285," Slavery, 74, 131, 388, 391, 412-416, Slayton, Phinehas, 155, 170-71, Sloan, John, 356. Sly, James, 384. Smith, Abraham, 105, 108; Apollos, 62; Asa, 52. 196; Asahel, 166, 384, Rev. B. P., 506; Caleb, 59, 68; Chauncey, 105, 108, 113, 116, 192; Daniel, 67, 106, 200 ; Elisha, 30, 166,171; Elihu, 210; Henry, 384; Gov. Israel, 100, 147, 161-2, 221, 467, 47S-47 5— speech of, as Gov ernor in 1807 — note on, 147; Jacob of Royalton, 151, 163, 221, 243- 245, 247, 281, 307, 315, 336, 348, 378; James, 19, 58, 63, 244; Hon. John of St Albans, 486 ; John, alias John Vance, 1:36 ; Josias, 251, 372 ; Laura, 352, 359, 372; Matthew, 317; Nathan, 282; Na than jr., 350, 369; Hon. Noah, 148, 322,3,33; Oliver, 194; Philip, 167, 384; Hon. Pliny, 3, 19, 68, 59, 103, 113, 116. 150, 162, 168, 161, 192, 198, 202, 206, 222, 241, 243-4, 256, 279, 280, 282, 284, 286, 295, 300, 313-316, 317, 322, 3:32, 341, 344, 346-7, 349, 364, 367, 370, 375, 377, 386, 468— note on, 279 ; Robert, 196 ; Samuel, 282 ; Samuel, jr., 309 ; Stafford, 227 ; Wm. D.,246. Smuggling in 1808, 474-5. Southgate, James, 64. Sowles, Lewis, 76, 85, 105, 134, 241. Spafford, Gen. Jonathan, 154, 172, 177. Spalding, Azel, 435-6; Reuben, 348; Wright, 60. Spencer, Abel, 102, 105, 108, 112, 114, 124, 132, 137, 143, 153-4, 158, 417,456,459; Gideon, 384; John, 164 220, 228, 267, 272, 276; Jonas, 384; WUliam, 209. Spooner, Alden f/ 525 644; Hon. Eliakira, 1, 3-6, 12, 16, 18, 19, 22, 24- lorfolk, see Canaan. Northfleld, 13, 28, 82-3, 90, 440. North Hero, 188, 208, 217, 436, Norwich, 1, 2, 14, 36, 38, 56, 100, 118, 133-4, 137, 139, 147, 188, 186, 200, 238, 279, 814, 344, 423, 4-25, 444, 456; Norwich, Conn,, 1, 607, Orange, 12, 80, 250, 253, 285, 290, 294'; 308, 320, 339, Orford, N, H.; 607, Orwell, 109, 238, 240, 279, 304, 314, 344, 374, 446-7, 468, Panion, 28, 32, 91, 109, 127, 135, 138, 262. Parkerstown, and Parker's Gore, see Mendon. Pawlet, 1, 194, 248, 273, 359. Peacham, 28, 33, 35, 109, 114, 251, 308, 324, 425-6, 434, 446. Peru, as Bromley, 6, 8, 21, 39, 41, 47, 70, 78, 254, 266, 261, 267, 277, "283, 296, 297. Philadelphia, parts of Chittenden and Goshen, 33, 281, 301, 374, Pittsburgh, Pa., as Fort Duquesne, 25 Pittsfleld 22 106, 112, 128-9, 165, 169 173, 194, 214, 216, 222, 228, PiS'ord, 46, 57, 225, .320, 3,35,363, 374, 382. 565 Plainfield, 165, 335, 337, 433; Plain- field, N. H., 507. Plymouth, 67, 79, 107, 109, 121, 144, 217, 252, 289, 320, Pomfret 160; Pomfret Conn,, 188, Portiand, Me., 501. Poultney, 1. 31, 130, 1.32, 149, 194, 199, '226, 246, 298, 318, 332, 337, 339. 433. Pownal, 15, ,32, 56, 58, 100, 147, 238, 279, 314, 325, 344, 424, 469, Putney, 21, 1,35, 149. Quebec, P. Q., 24, 26, 478, 544. Eandolph, 6, 14, 64, 67, 79, 96-99, 134, 141, 243, 286, 287, 336, 339, 426, 434, 437, 444, 468. Random, see Brighton. Reading, 177, 184. Readsborough, 6, 211, 215, Richford, 124, 127, 166, 169, 331,336, Richraond, 22, 109, 129, 206, ,303, 869 433. Ripto'n, 13, 21, 29, 93, 187, 333, 354, 370, Rochester, 27, 128-9, 199, 230, Rockingham, 70, 78, 103, 194, 226, 349, 440. Rouse's Point, N. Y., 456, Roxbury, 106, 128, 169, 288, 327, 368, 370, Royalton, 19, 20, 21, 64, 183, 193, 243, 267, 287, 807, 385, Rupert,'l47, 194, 228, 278, Rutiand, 3, 13, 25-6, 43, 45-6, 49, 62, 64, 57, 61 , 65, 67, 79, 83-86, 94-5, 98, 107, 1,37-8, 141-2, 147-8, 187, 224, 244, 2,51, 264, 263, 281-2, 290, 294, 302-3, 305, 307, 321, 324, 339, 423- 4, 432, 434-6, 437, 440, 464, 467, 476, Ryegate, 66, 70-1, 86, 175, 209, 249, 260, 314, 317, 329, 344, 427, 469, St. Albans, 60, 67, 86, 166, 205, 335, 435, 467, 472, 474, 477. St Johns, P. Q., 473. St. Johnsbury, 9, 60, 69, 70, 239, 252, 291, 366. St Louis, Mo., 149. Salem, 198, 256, 270, 285, 3,54. Salisbury, 138, 193, 261, 263, 435; Salisbury, Conn., 187. Shaftsbury, 1, 56, 100, 147, 238, 279, 314, 344, 423, Sharon, 109, 160, 193, 257, Sheffield, 104, 128, 168, 289, 313, Shelburne, 317, 333, 345. 4,34. Sheldon, 68, 196, 224, 232, 289, 310, 313, 363, 369, 566 General Index. Towns, continued . Sherburne, 66, 110, 166-7, 211. 216, 225, 246, 269, 260, 281, 308, 318, 335 337. Shoreham', 205. 820, 327, 330, 433, 447, 464. Shrewsbury, 11, 169, 289. South Hero, 63, 112-13, 156, 186,188, 202, 217, 284, 306, 468. Springfield, 108, 200, 203, 820, 371, 426. Stamford, 163-4, 215. Starksborough, 83, 366. Steriing, 69, 72, 281, 298. Stockbridge, 1. 13. 22, 49, 52, 66, 66, 79, 83-86, 100, 116, 131, 137, 141-2, 147, 238, 279, 290, 303, 314, 344, Stowe, 84, 39, 46-7, 51, 203, 272, 306, 363, 363, 426, Strafford, 235, 371, 501. Stratton, 82, 85, 90, 199, 231, 244, Sudbury, 116, 126-6, 128, 138, 140, 289, 364, Suffield, Conn,, 147. Sunderiand, 103, 115, 129, 162, 199, 326, 426; Sunderland, Mass., 188. Sutton, and as Billymead, 5, 9, 21, 120, 248, 866. Swanton, 8, 35, 88-40, 218, 280, 282, 286, 312-13, 331, 363, 460, 476. Thetford, 1, 56, 100, 147, 186, 189, 238, 279, 294, 297, 305, 814, 344, 866, 426, 434, 467, Ticonderoga, N, Y,, 289, 629, Tinmouth, 14, 84, 68, 187, 246, 426, Topsham, 16, 135, 165, 356. Townshend, 16, 22-8, 104, 119, 186, 196, 468. Troy, and as Kelly's Grant No. 2, 108, 128, 1,35, 142, 162, 167, 266, 826, 332, 843, 355, 368, 366, 373, 377, 384, Tunbridge, 186, 189, 287, 371, 430; Tunbridge Gore, 205, 232. Underhill, 104, 123-4. 3,37, 369, 426. Vergennes, 37, 41, 46, 64, 88, 112, 115, 127-8, 147, 199, 212, 220, 272, 295, 805, 313, 323, 363, 372, 399, 400, 424, 432-3, 466, 501. Vershire, 68, 112, 125, 136, 140, 230, 298, 380, 425. Victory, 290, 8'20, 334. Waitsfield, 62, 72, 246, 274. Walden, 69, 84, 88, 326, 339, 434. Wallingford, 64, 282, 822, 354. Walpole, proposed, 188, 289; Wal pole, N. H., 239. Waltham, 18, 22, 104, 111, 206, 214, 273, 275, 278, 326. Wardsborough, 86, 107, 201, 251, 281, 284, 303. Warren, 6, 80, 61, 106, 128, 199, 230, 286, 296, 300. Warwick, Mass., 464. Washington, 208, 249, 820; Wash ington, D. C, 400, 438. Waterbury, 17, 19, 147-8, 288, 279, 314, 344, 427, 435, 447, 467, 469. Waterford, 71-2, 78, 124, 128-9, 202, 251-2 270 321. Weathersfield, 11, 17, 62, 86, 103, 115, 148, 197, 203, 205, 213, 425. Wells, 107, 130, 132, 200, 252, 318, 324, 332, 387, 839, 366. Wenlock, 8, 21, 67, 89, 96. 97, 820. Wesl Fairiee, 1, 9, 31, 66, 100, 147, 285, 320, 426. Weslfleld, 40, 103, 167-169, 320, 353, 872. Westford, 9, 88, 45-6, 64, 108, 114, 127, 168-4, 174, Westminster, 1, 66, 100, 117, 120, 124, 147, 296, 344, 423-4, 435, 447- 449, 456, Westmore, 106, 108, 136, 283, 260, 274. Weston, 116, 267, 303. West Point, N. Y., 466. Weybridge, 15, 16, 22, 35, 109, 127. Wheelock, 71, 74, 108, 121, 148, 168, 179, 202, 224, 228, 234. Whitehall, N. Y., and as Skenes- borough, 321, 824, 473. Whiting, 1, 28, 56, 100, 147, 824, 866, 874. Whitingham, 92, 95, 98. WUliamstown, 6, 11, 22, 28, 60, 90, 154, 160-61, 427 ; Williamstown, Mass,, 66, Williston, 64, 186, 226, 447, WUlsborough, N. Y., 212, 220, 295, 863. Wilmington, 38, 86, 40. Windham, 10, 17, 18, 20, 66, 104, 115- 16, 128, 139, 254, 260, 267, 298, 308- 4, 820. Windsor, 60, 79, 81, 109, 130, 158, 218, 222, 224, 238, 240, 264, 269, 279, 281, 297, 814, 822, 336, 888, 344, 428-4, 426, 432-484, 437, 443-4, 468-9, 478, 503, Winhall, 167, 169, 261, 267, 277, 297. Wolcott, 84, 88, 158, 160, 227, 265, 326. General Index. Towns, concluded. Woodbury, 290, 336, 369, 383; An cient Woodbury Conn., 399. Woodford, 64, 75, 77, 218, 218, 262 282,361,866. ' ' ' Woodstock, 46, 73, 94-6, 98, 112 114 147, 150, 201, 226, 249, 305," 424' 432, 434, 440-41, 444-5, 447-449 ¦ Woodstock, Conn., 238. ' Worcester, 168, 246, 286, 305, 434; Worcester, Mass., 544. Tracy, James, 68 ; James Carlton, 259-60. Trotter, William, 206, 230. Tripoli^89.Tripp, William, 368, 369. Trumbull, John, 607. Tryon, Gov. William, 640. Tubbs, Siraon, 86, 156. Turner, Hon. Bates, 212. Turnpikes, 6-9, 11, 13-17, 20, 22, 25, 28, 30, 49, 62, 60-62, 64-5, 67, 69- 74, 79, 81, 83-87, 90, 93-99, 104, 106-7, 110-113, 115, 124, 128-9. 182- 187, 189, 141-2, 146, 159, 164; 168- 9, 171, 178, 175-6, 178-180, 194, 197, 199, 200, 208, 206-6, 208-14, 219, 220, 228, 225, 227, 229, 231, 233, 235, 243-4, 246, 249, 252-254, 269, 270, 278, 275-6, 281, 286, 287, 289, 290, 298-296, 298, 803, 306, 820, 822, 327, 338, 886-387, 339, 849, 858, 359, 363-4, 366, 372, 874, Tuthill, Daniel, 61; Thaddeus, 425, Twiss, Ebenezer, 284, Tyler, Elijah, instead of Taylor, 832; Hon, Royall, 12, 71, 73, 108, 156, 157, 192, 206, 212, 248-9, 286-7, 298, 316,321,326,368,376 ; Jeremiah,884, Udell, Lionel, 884. Underhill, Stephen, 44, 70. Underwood, Russell, 6l, 67. Union, Eastern, wilh New Hamp shire towns in 1778 and 1781, ori gin and causes of, 606-643; Prest Weare to N. H. Delegates in Con gress, Dec. 16, 1776, 606; An Ad dress of the Inhabitants of the Towns of Plainfleld, Lebanon, En field (alias Relhan,) Canaan, Car digan, Hanover, Lime,Orford, Ha verhill, Bath, and Landaff, to the Inhabitants ofthe several Tovvns in the Colony of New Hampshire, 1776 507 ¦ Observations on the right of jurisdiction claimed by thf Stales'^ of New York and New 567 Hampshire, over the New Hamp shire Grants. &c., 1778, 613; An Address to the Inhabitants ofthe New Hampshire Grants, by PIon Timothy Walker, Concord, N. H! ' 1778, 621 ; A Public Defence of the right of the New Hampshire Grants &c. lo form themselves in to an independent State, 1778, 525 ; Ira Allen to Meshech Weare, Dec. 1778, 539; Address to the Inhab itants of the State of Vermont, by Ira Allen, Nov. 27 1778, 540. United States Courts, places of sil ting in Vermont, 224, 380; on re striction of jurisdiction, 390, 416- 418; on removal of judges of, 418- 19; anecdotes of judges ofthe U. S. Supreme Court, 345. Uniled States Senators, election of, 119, 1.52, 197, 199, 204, 351, 362, 367; on reraoval of, 420. United States troops subjected to the civil power, 190. University of Verraont, 19, 261, 275. 283-4, 296, 297, 806, 307-8, 326-7, 377, 406. Utley, Asa, 39; Peabody, 384. Valentine, 453; Valentine and Col lins, 456. Vance, John, 136. Van Ness, Gov. Cornelius P., 240, 466, 472, Vaudreuil, Col. Lewis, 376, Vermont, public buildings and in stitutions of, see Staie IBank, State Capitals, State Huuses, and State Prison. Vincent, Capt, John, an Indian chief, 24-5, 38, 40, 132, 165, 193, 203, 267, 271; petition of, 24; pen sioned by Vermont, 25 ; obitu ary, 25. Vining, Freeman, 209, 230. 266, 271. Virginia, 255, 264, 268, 288, 323, 400, 416-17, 420. Votes for Governor, in 1804, 2; in 1806, 100; in 1808, 191; in 1809, 242; in 1811 and 1812, 646. Wait, Lavina, 361. Walbridge, Solomon, 10, 61, 107, 243, 246, 357. Walker, Elisha, 202, 216, 348, 384; James O., 351, 370, 383; Joseph B., 521; Levi, 64; Obadiah, 247, 568 General Index. 287, 351 ; Seth, 199 ; Timothy, 521. Wallace, Moses. 258, 299, :304 ; Thoraas, 201; Williani, 71, 80. Waller, John C, 317; Joseph C, 27. Walton, Gen. Ezekiel P., 400. War of 1812, preparation for, 341- 343, 356, 868-9. 366-7, 369, 370, 373, 876, 380, 409-10; extra pay lo sol diers in, 368; non-intercou-.se wilh Canada during, 868, 877, 382; vol unteer corps of exempts, 371, 381, 383, 386; officers of the corps of volunteers, 384; mounted corps, 372; declaration of Vermont leg islature on, 464. Ward, Dexter, 291, 302, 333. Wardner, Hon. AUen, 484-5, 4,37. Ware, Cyrus, 61, 134, 162, 154, 192-3, 201, 231, 244, 822, 398, 429, 468; Jonathan, 289, 336, Warner, Joseph, 140, 299, 313, 386; Col, Seth, 187, 644, Warrant for delivery of Slate pris oners, 293, Washington County, 806-7, 437, Washington, Prest George, 24-26, 239, 262, 398, 545-6, Waterman, Arunah, 202; Benjamin, 289; Mary, 1; Thomas, 436, Wead, John, 384, Weare, Gov, Meshech, 506, 528, 636, 539-541 — letter of on Vermont in 1776, 506. Webber, Norraan, 116, 125, 129. Webster, Hon. Daniel, 344; Elisha, 884; S. P., 348. Weed, Grant, 246, 253, 263. Weeks, Sheverick, 384; WiUiara D., 319, 337. Weld, Ebenezer and John, 68, 84. Wellesley, Marquis, 496. WeUs, Eliphalet, 384, Sarauel, 282. Wentworth, Gov. Benning, 514-15, 626, 529; Gov. John, 514, 629. Wesl, Samuel, 361. Westgale, George, 120. Westernhouse, John F., 317. Wetherbee, Samuel, 104. 107, 134; Samuel jr., 216. Wetmore, Hon. Seth, 288, 474. Wheal, James, 339. Wheatley, Nathaniel, 10, 32, 36, 60, 61, 72, 105, 122, 192, 198. Wheeler, Aaron, 271,361; Dalinda, 309; James, 317; Joseph D., 252; Obadiah,282,292,313 ; Shelden,247, Wheelock, Asa, 201-2, 225 ; Hon, Ebenezer, 1, 3, 4, 6, 14, 16, 17, 22, 27, 42, 49, 60, 56-68, 60, 67, 70, 75, 89, 106, 109, 111, 121, 132, 147, 160- 61, 155, 162, 179, 190, 467; Eleazer of Rutiand, 264, 269, 274; Rev, Dr. Eleazer of Hanover, N. H,, 357; Gideon, 384; Prest John of Darl- moulli College, 153, 201 ; John G., 104, 244. Whipple, James, 103. Whitcher, Henry, 289, .304. Whitcomb, Maj., 239, 546. White, Dan, 359; Hon. John, 1, 3-5, 11, 16, 19, 21-2, 28-9, 81-2, 35, 39, 43, 45-47, 49, 51, 54, 66-69, 62-3, 66-68, 77, 86, 91, 93, 96, 100-102, 104, 106, 108, 114-16, 121, 126, 140, 221, 426, 645; John jr,, 58, 66, 74, 89, 391, 426, 444; Otis, 167; Sam uel, 365, Whitelaw, James, 425, 427, 430 ; Robert, 20, 28-9, 41. AVhitman, Abel, 290, 295, 329; Ja cob, 386. Whitney, David, 244, 348; Isaac, 834; Israel, 320 ; Jonathan, 243 ; Hon. Lemuel, 3, 10, 27, 58, 64, 66, 70, 102, 104, 107, 118, 130-31, 150, 426 ; Richard, 92 ; Timothy H,, 281, Whittles, TheophUus, 252, Wilber, Daniel, 290, 295. Wilcox, Daniel, 125, 156, 164, Wilkins, Asa, 59, 106, Willard, Abel, 290, 295, 324, 360 ; Charies, 32-34; John', 66, 80, 146- 7; Oliver, 166, Willey, Abel, 17, WiUiaras, Gov. Charies K., 246 ; Ebenezer, 202, 247; Rev. Eleazer, 376; Ezra, 265; Jesse, 180; Hon. Norraan. 440 ; Phinehas, 15, 59, 105, 131 ; Rev. Dr. Sarauel, 120, 124, 392; 454, 45Q— report of 454 ; Col. Williara, 348, 359, Willis, Shipley, 289, Willoughby, Amherst, 210, 231 ; Hon, Zerah, 188, 191, 198, 196-6, 198, 201-2, 207-8, 210, 218, 217, 221, 223-4, 228, 235, 241— note on, 188, Willson, Abraham, 88; Bradley and Moses, 206, 221, 268; Nathan or George, 54, 55, WUmarlh, Shubael, 116, 244. Winans, James and John, 196, Windham Counly, 116, 336. General Index. 569 Windmill Point, 453, 475. Windsor Counly, 116, 373, 432 Wing, Hon. David, jr., 54, 181,427- Joseph, 429; Josiah, 428, Winooski river, 476, Winslow, Joseph, 136, 432; Peleg, 135. Wire, John, 384. Wirt, Hon. WUliam, 148. Witherell, Hon. James, 1, 3-6, 10, 11, 16, 17-19, 22-3, 27-29, 31-33, 44-5, 47-8, 60, 64, 56-59, 67, 69-72, 76, 79, 81-83, 86, 90-94, 96, 100, 103, 106, 112, 114, 120, 125-127, 129, 133-136, 139, 140, 148, 425, 473. Witt, Wainwright, 884, Wittum, Malachi, 198, 215-16 ; Witherell, 198, 215-16, 297, 300. Wood Creek, 526. Wood, Gen. Seth, 309. Woodward, Benaiah, 153, 157, 208- 9, 264, 308 ; Prof. Bezaleel, 613, 629— death of, 645; Jonathan, 3-24; Joshua, 168 ; Stephen, 156, 210, 281; William H., 20L Wooster, Gen. David, letter of, in 1776, to CoL Seth Warner, 544; Elizabeth, 17, 22, 31. Worcester County, Mass., 460, Worthington, Hon, George, 429, Wright, Charles, 56; Rev, Chester, 237, 280, 341; Gen, Josiah, 38, 56, 58-9, 63, 67-8, 70, 72, 77-8, 80, 85, 91-93, 100-102, 104-106, 109, 113- 115, 117, 128-9, 138, 147, 150-51, 154, 159, 162, 170-172, 174, 177, 181, 183, 190, 288, 241, 243-4, 247, 249, 256, 268, 279-281, 283-385, 287, 295, 314, 316-318, 327-8, 330, 332-8, 337- 8, 341, 344, 346-348, 350, 354, 372- 3, 376, 378, 384, 469— note on. 56; Solomon, 10, 11, 31, 56, 414, 424-5, note on, 56, Yale College, 147, 186, 240, 344, 849, Yeas and Nays, 22, 36, 81, 114, 122, 137, 143, 164-5, 195, 198, 208, 212, 224, 260, 263, 265, 292, 294-296, 305-6, 308, 321, 324, 326-7, 329, 330, 336, 351, 368-360, 368, 865, 877, 414, 417, 419, 422, 431, 488-4, 440, 448-4, 459, 466. Yeammons, Elisha, jr., 33. York, Jeremiah, 384, Young, Ammi B,, 437-8; Hon, Au gustus, 435-6; Samuel B,, 309. 38 t 41 »« l.« '^W-l ^•tfrfc,''"' .".'^"^'l;--;^^^'