RECORD OF THE GOVERNOR AND COUNCIL AT THE SESSION OF THE GENERAL ASSEMBLY AT RUTLAND, Ост. 1796. STATE OF VERMONT. At a Meeting of the Governor & Council at their Annual Oct. Session begun and Held at Rutland on the thirteenth day of Oct. A. D. 1796, Present, His Excellency Thomas Chittenden Esq' Gov', His Honor Jonathan Hunt Esqr Lieut. Gov' & the following Members of the Hon. Council Viz. Samuel Safford, John Strong, Luke Knoulton, Ebenezer Marvin, Paul Brigham, Jonas Galusha, Gideon Olin, John White, Cornelius Lynde. Elijah Robinson, & Samuel Williams, Councillors. Truman Squier Sery. & Jonathan Bell Sheriff. A Bill from the House appointing a Committee consisting of Two Members from each County for the purpose of sorting and Counting the Votes of the Freemen for a Governor, Lieut. Govr Treasurer, & Council, Members Chosen Mess's Dewey, Bradley, Cutler, Bridgman, Osgood, Spencer, Gallup, Morris, Painter, Thompson, Farrand, Sias, Stanton. & Sheldon. Read & Resolved that Judge Safford, Williams, Strong, White, Lynde, Robinson, and Knoulton be appointed to Join said Committee, which said Committee were Duly Qualified by his Excellency the Gov' to their Respective Duty as such. Attest, TRUMAN SQUIRE Sec'ry. 1 The above Committee reported to the Gen' Assembly the following Gentlemen Duly elected to their respective Offices for the year ensuing and as follows to wit-IIis Excellency Thomas Chittenden Esqr Governor-No Lieu' Gov' Chosen-The Hon. Samuel Mattocks Esqr Treasurer, And the following Members of the Hon. Council Viz. Samuel Safford, John Strong, Luke Knoulton, Ebenezer Marvin, Paul Brigham, Jonas Galusha, Gideon Olin, John White, Cornelius Lynde, Elijah Robinson, Samuel Williams, & William Chamberlin Esquires, Councillors.1 Adjourned Untill 9 Oclock to Morrow Morning. 'From the Rutland Herald of Oct. 17 1796: Thursday last being the day appointed by the constitution, for aunouncing the choice of governor, lieutenant governor, [treasurer,] council, and representatives, the gentlemen returned to serve for the present year, assembled in this town. Having taken the necessary oaths, they were escorted to the meeting-house at 12 o'clock by Capt. Mead's company of light infantry, where a judicious and well adapted discourse was delivered by the Rev. D. [Dan] Kent, of Benson, from Luke xvi, 10. He that is faithful in that which is least, is faithful also in much: And he that is unjust in the least, is unjust also in much. Truman Squier. Secretary, and Jonathan Bell, Sheriff, are added on the record. They were officers of the Council, but their names did not belong to the report of the Committee of canvassers, FRIDAY Oct. the 14 Day A. D. 1796.1 Met according to adjournment. The Hon. Members of the Council were respectively Qualified by Oath to their Offices as Councillors by his Excellency the Governor. His Excellency the Gov' was pleased to reappoint Truman Squier Secr'y to the Gov" & Council for the year Ensuing, who was Duly sworn to that Office. An Official Letter from Lord Dorchester to his Excellency the Gov' Demanding some fugitives from Justice agreable to the 27 Article of the Late treaty made with Great Britain, also Necessary Documents proving them fugitives, which were Read and Ordered to Lye-Also an Official Letter from the Secretary of State to his Excellency favouring the above request, with the President's Opinion thereon. Adjourned Untill 2 Oclock in the afternoon. Met according to Adjournment. A Bill from the House appointing a Committee consisting of one Member from each County for the purpose of making an Arrangement of the Business for the present Session, Members chosen Messrs Baker, Rust, Spencer, Emmons, Linsley, Edson & Stanton; read and Resolved that Judge Williams, Olin, & Lynde be appointed to join said Committee. A Bill from the House requesting the Gov" & Council to join in Grand Committee this Afternoon for the purpose of electing a Lieut. Gov. Resolved to Join accordingly. The Gov' & Council proceeded to the House and after Joining in Grand Committee for the purpose aforesaid made choice of the Hon. Paul Brigham Esq' for the Lieu" Gov" who was Qualified by Oath to said Office for the year ensuing. Adjourned Untill 9 Oclock to Morrow Morning. SATURDAY Oct. the 15 Day A. D. 1796. Met according to adjournment. A Bill from the House requesting the Gov'r & Council to Join in Grand Committee for the Purpose of choosing the Judges of the Supreme Court-Read & Resolved to Join accordingly. The Gov" & Council then proceeded to the House and Joined in Grand Committee when by the Joint Ballotts of Both Houses the Hon. Stephen Jacob Esqr was elected a Councillor to fill the Vacancy of the Hon. Paul Brigham Esq. promoted, & the Hon. Isaac Tichenor Esq as Cheiff Judge & the Hon. Enoch Woodbridge & Lott Hall Esquires as Side or Assistant Judges to the Supreme Court for the year ensuing. A Letter from Gov' Robinson to His Excellency, communicating his Resignation of his Office as Senator, [was] Read, & Resolved that the same be communicated to the House by the Secretary of Council.3 A Petition from Jason Richardson & others of Woodstock praying for a Lottery for the purpose of Building a Bridge over Water Queche River in said Woodstock, Read & by the House referred to Messrs. Bradley, Henry, Horton, Curtis, Linsley, Davis, & Peckham, to Join a Committee from Council &c. Read & Resolved that Mr. Robinson be ap 'The Assembly Journal of this morning states: His excellency the Governor and council being present, the throne of grace was addressed by the Rev. Mr. Heman Ball. See Appendix G. See Appendix C. pointed to Join said Committee & be stiled the Lottery Committee from Council &c. The Petition of Timothy Morsman & others praying for a Grant of Land or Gore Lying between Summerset and Stratton and that the same be annexed to Stratton &c. Read & by the House referred to Messrs. Sherman, Castle & Crafts &c. to Join a Committee from Council &c. Resolved that Mr. Williams be appointed to Join said Committee. A Petition for annexing a part of the Town of Windham to Londonderry, and the Remonstrance against it, Read and by the House referred to Messrs. Curtis, P. Wright, & Porter to Join a Committee from Council, Resolved that Judge Galusha be appointed to Join said Committee. Adjourned Untill 2 Oclock in the Afternoon. Met according to adjournment, A Bill from the House requesting the Gov'r & Council to Concur with the House in proceeding on Tuesday Morning next at 9 Oclock in the forenoon to make their several nominations of a Senator to Represent this State in the Senate of the United States, Read & Concurred. Adjourned Untill Monday next at 9 Oclock in the Morning. Met according to adjournment. MONDAY Oct. the 17 Day A. D. 1796. An act regulating the Taxation of Costs in Certain Cases therein mentioned, brought in Last Session with an amendment subjoined by their said Committee for that purpose, being Read and Referred to the next Session of Assembly and being taken up again & read & by the House referred to Messrs. Davis, Linsley, & Spencer, to Join a Committee from Council, Resolved that Judge Olin be appointed to Join said Committee. A Lottery Petition of Sundry Inhabitants of Castleton, Hubbardton, & Sudbury, praying for a Lottery to raise one thousand Dollars for the purpose of making an Inprovement upon the Public roads from Bennington thro' Manchester & Directly thro' Castleton, Hubbardton, Sudbury & so on in the most direct route to Middlebury, Read and by the House referred to the Lottery Committee to Join a Committee from Council, Resolved that the Lottery Committee from the Council Join said Committee. A Petition for a Lottery to raise four Hundred Dollars for the purpose of Building a Bridge over White River, Read and by the House referred to the Lottery Committee to Join the Lottery Committee from the Council. Resolved to Join accordingly. Adjourned Untill 2 Oclock in the Afternoon. Met according to adjournment. The Petition of William Hazeltine of Rockingham in the County of Windham setting forth his Misfortunes in being wounded in the Last war in the service of the United States, to wit at the Bennington battle, praying the assistance of the Legislature of this State to cause him to be put upon the Pension List, Read and by the House referred to Messrs. P. Wright, Josiah Arms, Abel Stephens [Stevens,] Safford, Claghorn, Barron, & Sheldon, to Join a Committee from Council, Resolved that Mr. Galusha be appointed to Join said Committee. The Petition of the Selectmen of Pomfret praying for Liberty to enter an Appeal in the County Court within and for the County of Windsor from an Order of Removal of a Poor Person removed from Woodstock to said Pomfret the said appeal not being entered in Due time, Read and by the House referred to Messrs. Wait, Enos Stevens, & Ephraim Wheelock, to Join a Committee from Council, Resolved that Mr. Olin be appointed to Join said Committee. Adjourned Untill 9 Oclock to Morrow Morning. Met according to adjournment. TUESDAY Oct. the 18 day A. D. 1796.1 The Hon. Stephen Jacob Esqr arrived and took his seat in Council after taking his Oath of Office. The Council agreable to the Order of the Day proceeded to Nominate a Person to represent this State in the Senate of the United States, when the Hon. Isaac Tichenor Esquire had a Majority of Votes. The Council then proceeded to [nominate a person] to fill the Vacancy in the Senate of the United States Occasioned by the Resignation of the Hon. Moses Robinson Esq when the Hon. Nathaniel Chipman Esq had a Majority of Votes; the Council then proceeded to the House with their Nominations made in manner aforesaid & when Compared with the Nominations of the House it appeared they Did not agree in the Last Nomination made for filling the Vacancy & the Joint Ballotts of both Houses being taken the Hou. Isaac Tichenor Esquire was Duly elected. A Petition from sundry of the Inhabitants from [of] the Towns of Pittsford, Brandon, Chittenden, and Philidelphia [part of Goshen and Chittenden,] praying that a Town may be sett off from the several Corners of said Towns and Incorporated by an act of the Legislature, being read and by the House Referred to Messrs. [Josiah] Fletcher, Jabez Foster, & Edson, to Join a Committee from Council, resolved that Mr. Chamberlain be appointed to Join said Committee. Adjourned Untill 2 Oclock in the afternoon. Met according to adjournment. A Letter of resignation from the Hon. Joseph Marsh Esq was read & Resolved that the same be Communicated to the House.3 Adjourned Untill 9 Oclock to Morrow Morning. WEDNESDAY Oct. the 19 Day A. D. 1796. Met according to adjournment. An act protecting Daniel King from Civil Arrests During the Present Session having passed the House, Read & Concurred. The Gov & Council then proceeded to the House and Joined in Grand Committee for the Purpose of receiving the County Nominations. Adjourned Untill 9 Öclock to Morrow Morning. RUTLAND Thursday [Oct.] the 20 Day A. D. 1796. Met according to adjournment. The Petition of a Number of Persons praying for the exclusive right of a Turnpike road from Bennington to Willmongton and for an act of The Governor and Council joined the House in the morning of this day, when Gov. Chittenden delivered his last speech to the General Assembly, for which see Appendix C. * That is, Mr. Tichenor was elected for both the vacancy and the full term. See Appendix C. Incorporation in their favour, Read and by the House referred to Messrs. Dewey, Z. Curtis, Burt, Gallup, & Osgood, to Join a Committee from the Council, Read & Resolved that Mr. Galusha be appointed to Join said Committee. An act Discharging Calvin Knoulton from the payment of a Certain Note therein mentioned having passed the House, Read and Concurred. A Resolution of the Gov" & Council that the General Assembly be requested to Join in Grand Committee this forenoon for the purpose of filling the Vacancy Occasioned by the Resignation of the Hon. Isaac Tichenor Esq as Chief Judge in the Supreme Court, [was ordered to be communicated to the House through the Secretary. '] Adjourned Untill 2 Oclock in the afternoon. Met according to adjournment, The resolution of the House requesting his Excellency to Appoint the first Thursday of December next to be Observed as a Day of Public Thanksgiving and Praise throughout this State Read and approved of & Resolved that Mr Jacob and Robinson be appointed a Committee to make a Draft for a Proclamation. The Petition of Gen' Roger Enos setting forth that he is now confined in Woodstock Goal upon a writ of execution in favour of this State for the sum of five hundred pounds against him & that he Does not owe more than one hundred Dollars in the New England States and not more than the same sum to this State which he cou'd have shown had he had Sufficient Opportunity at the time of Trial to have shown it but being out of this State at that time Judgment passed against him for the full sum aforesaid, therefore prays he may be Liberated from his Confinement for the space of one year that he may show to the Treasurer of this State that he Does not owe more than one hundred Dollars Instead of five hundred pounds, Read and by the House Referred to Messrs. Dewey, Linsley, & Spafford, to Join a Committee from the Council, Resolved that Mr. White be appointed to Join said Committee. An act for paying Samuel Walker Twenty six pounds eighteen shillings having passed the House, Read & Concurred." An act establishing a Jurisdictional Line between Salisbury and Leicester having passed the House, Read and Concurred. The Petition of the Inhabitants of Marlborough setting forth that the Legislature of this State at their October Session in the year A. D. 1794 passed an act Declaring all the Lands heretofore granted to the Society for the Propagation of the Gospel in foreign parts to be the property of this State and Did at the same time Appropriate the same to the use of the several Towns where the Lands Lie for their Schools, and there being no such Lands in said Marlboro' but there being a small Gore of Land between said Marlboro' and Newfane to the amount of about Eight hundred Acres of Land Ungranted, therefore the Petitioners pray for a grant of said Land For the use and benefitt of a School or Schools in said Marlboro; Read & by the House referred to the Committee appointed on Timothy Morsman & others Petition, Resolved that it be referred accordingly. Gen' Philip Schuyler's Letter as President of the Directors of the Western Company [Northern Inland Lock Navigation Company,] to For the letter of Mr. Tichenor, accepting the Senatorship and resigning as Chief Justice, see Appendix C. The two Houses subsequently met in Grand Committee and elected Nathaniel Chipman Chief Justice of the Supreme Court, vice Tichenor resigned. |