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the Supreme Court-Noah Webster the lexicographer, Joel Barlow the poet, Gov. Oliver Wolcott, Chief Justice Zephaniah Swift, and U. S. Senator Uriah Tracy. On leaving college, Mr. Smith immediately removed to Bennington, and there he delivered an address, Aug. 16 1778, on the first anniversary of the battle of Bennington, for which see Vermont Historical Society Collection, Vol. I. He was admitted to the bar of Vermont at Westminster, May 26 1779, with Stephen R. Bradley--these being the first admissions to the bar of Vermont. Bradley was appointed clerk of the court, and Smith State's Attorney within and for the county of Cumberland, pro tempore. In June of the same year he was appointed to the same office for Bennington County, which he held in 1780, from 1786 until 1789, and in 1791. He was Clerk of Bennington County Courts from 1781 until 1784; Judge of the Supreme Court in 1789 and 1790; appointed U. S. Collector of Internal Revenue in 1791; and again Judge of the Supreme Court from 1798 until 1801. He served as Councillor one year only. He removed from Bennington to Milton soon after 1800, and died there, Dec. 25 1812, aged 57.-Vt. His. Soc. Collections, Vol. 1; Slade's State Papers; Deming's Catalogue; Vt. Legislative Directory.
Doct. TIMOTHY TODD represented Arlington in 1790, '91, '93, '94, and '95; was Councillor from 1798 until 1801; and delegate in the Constitutional Convention of 1791.-Deming's Catalogue. Of the Doctor's previous and subsequent life, no record is found, other than that he was an influential member in the first incorporated Medical Society in the State, and a poet ranking well among his contemporaries.-See in Rutland Herald of July 9 1798, and July 15 1799, two odes-the first by Thomas Green Fessenden, and the last by Dr. Todd.
ABEL SPENCER was among the inhabitants of Clarendon who left their homes on the approach of Burgoyne's army, in 1777, and joined the enemy. For this he was fined in the sum of one thousand pounds. In 1779 he petitioned for a remission of part of this fine, and one half was remitted.-See Vol. 1, pp. 69, 306. Spencer represented Clarendon in 1791, '2, '3, '6 and '7, and Rutland in 1802, '3, '6 and '7, and was Speaker in 1797 and 1802; was Councillor from Oct. 13 1798 until 1801; and State's Attorney in Rutland County from 1796 until 1803. He was the Federal candidate for United States Senator in Oct. 1802, and was defeated by Israel Smith, 111 to 85. Nov. 10 1807, Spencer was expelled from the House, by a unanimous vote, for theft.-Deming's Catalogue; and Vermont Journal of Oct. 26 1802.
BENJAMIN BURT was a member of the House at the date of his election as Councillor, and resigned his seat in the House and entered the Council on the 1st of November 1798. He was arrested as one of the court party at the Westminster massacre in 1775, but he soon joined the Vermont party; in 1781 was appointed a judge in the county court, and
in 1784 Quarter Master in Col. Stephen R. Bradley's Vermont regiment. He represented Westminster in the General Assembly in 1781, '86, '96 '97, and '98 until Nov. 1, and 1799; was Councillor from Nov. 1798 until Oct. 17 1799, when he resigned, choosing to serve in the House. He was judge of Windham county court in 1781, and from 1786 until 1803; and a member of the Council of Censors in 1792.-B. H. Hall's Eastern Vermont; and Deming's Catalogue.
RICHARD WHITNEY was an attorney of Windham county court, residing at Guilford in 1795. He was Clerk of the House of Representatives from 1792 until 1798, when he declined a re-election. On the resignation of Truman Squier, Oct. 15 1798, Mr. Whitney was appointed Secretary of the Governor and Council, and he held that office until 1804. His death occurred at Hinsdale, now Vernon, in May 1805, his age being 39.
RECORD OF THE GOVERNOR AND COUNCIL
SESSION OF THE GENERAL ASSEMBLY HELD AT VERGENNES, OCTOBER 1798.
STATE OF VERMONT SS.
Journal of the proceedings of the Governor and Council of the State of Vermont [at a session] begun and held at the City of Vergennes, within and for said State, on the second Thursday of October (being the eleventh day of said Month) in the Year of our Lord, one thousand, seven hundred and ninety eight-pursuant to the constitution, laws and resolves of said [State.] Present His Excellency Isaac Tichenor, Governor. His Honor Paul Brigham, Lt Governor. The hon'ble Samuel Safford, John Strong, Luke Knoulton, Ebenezer Marvin, Cornelius Lynde, John White, Jonas Galusha, Gideon Olin, Elijah Robinson, Samuel Williams, William Chamberlain, and Stephen Jacob, Councillors. Truman Squier, Esquire, Secretary. John Chipman, Esquire, Sheriff.
A resolution from the house. appointing a committee, consisting of two members from each County, to join such committee as the Council shall appoint, to receive, sort and count the votes for Governor, Lieutenant [Governor,] Treasurer and Councillors, for the Year ensuing, was received, in Council. Whereupon, On Motion, Resolved, That Messieurs Robinson, Jacob, Strong, Safford, Lynde and Knoulton, be appointed to join said committee appointed by the house. The Members appointed by the house are Messieurs Robinson, Ormsby, Cutler, Burt, Isaac Clark, Burnham, Jacob Smith, Olcott, Chipman, Thompson, Hatch, Farrand, Stanton, Hay, Wing, Leavenworth, Sheldon and Barlow. The members of which committee appeared before his Excellency the Governor and were qualified by Oath to their appointment, except Messieurs Hay, Burnham and Ormsby.
Adjourned until 5 o'clock in the afternoon.
5 O'CLOCK P. M.1
A Resolution from the house, requesting the Governor and Council to join the General Assembly immediately for the purpose of receiving the report of the committee of both houses appointed to receive, sort and count the votes of the freemen, for Governor, Lt Governor, Treasurer
No account of ceremonies of election day is found. The sermon was preached by Rev. Daniel C. Sanders, then of Vergennes, and later President of the University of Vermont.
and Councillors for the year ensuing. The same being read, On motion Resolved, That the Governor and Council do concur therein.
The Governor and Council then proceeded to the house for the purposes contained in the foregoing resolution, and having taken their seats, Mr. Safford, chairman of the committee appointed to receive, sort and count the votes for Governor, Lieutenant-Governor, Treasurer, and Councillors, for the year ensuing, handed in the following report, to wit:
"To the honourable General Assembly now sitting at the City of Vergennes: Your committee appointed to receive, sort and count the votes for Governor, Lieutenant Governor, Treasurer, and Councillors, for the year ensuing, Report, That his Excellency Isaac Tichenor, Esquire, is duly elected Governor, His Honor Paul Brigham, Esquire, Lieutenant-Governor, Samuel Mattocks, Esquire, Treasurer, and William Chamberlain, Ebenezer Marvin, Cornelius Lynde, Stephen Jacob, Elijah Robinson, Luke Knoulton, John Strong, Samuel Williams, Noah Smith, Timothy Todd, Samuel Safford and Jonas Galusha, Esquires, Councillors. (Signed) SAMUEL SAFFORD for committee. "City of Vergennes, Oct: 11 1798.”1
Whereupon, (The said report being first read), John Chipman, Esquire, sheriff of the County of Addison, by proclamation, declared said Officers, respectively, duly elected by the suffrages of the People.
The Governor and Council returned to their Chamber and adjourned until 9 O'Clock To-morrow morning.
FRIDAY, 12th Oct 1798, 9 O’Clock A. M.
Met according to adjournment. Present, His Excellency, Isaac Tichenor, Esq Governor, His Honor Paul Brigham, Esq. Lt. Governor, Samuel Safford, John Strong, Luke Knoulton, Ebenezer Marvin, Cornelius Lynde, Jonas Galusha, Elisha Robinson, William Chamberlain and Stephen Jacob, Esquires, Councillors, Truman Squier Secretary.
The honourable Samuel Williams, Esquire, being officially informed of his appointment as a member of the Council, appeared, and resigned all his pretentions to that office.
Adjourned to 2 O'Clock in the afternoon.
2 O'CLOCK P. M.
Met according to adjournment.
The honourable Noah Smith and Timothy Todd, Esquires took their seats in Council, agreeable to their appointments.'
The votes for Governor were as follows: Isaac Tichenor, 6,211; Moses Robinson, 2,805; scattering. 332.-See Ms. Vermont State Papers, Vol. 38, p. 188, for the votes for state officers and Councillors by counties.
The Governor and Council then joined the House, and the Governor delivered a speech, for which see Appendix J.
On the same day Gov. Tichenor transmitted to the House a letter from Gov. Sumner of Massachusetts, covering resolutions of that State, in favor of an amendment to the Constitution of the United States on the eligibility of foreign born citizens to the office of President, Vice President, and member of either branch of Congress.-See Appendix B.
A resolution requesting the house of representatives to join the Governor and Council in grand-committee, at the opening of the house tomorrow morning, to elect a member to fill the vacancy in the Council by the resignation of the honourable Samuel Williams, Esquire.
A Resolution requesting the general assembly to appoint a committee to join the committee appointed by the Council, to take up the unfinished business of the last session. Members chosen by the Council, Messieurs Marvin, Jacob and Strong.
A Resolution from the house, appointing a committee, consisting of three persons to join such committee as the Council shall please to appoint-Members chosen by the house Messieurs Peter Wright, J. W. Blake and Amos Marsh. Resolved that Messieurs Jacob and Lynde be appointed to join said committee [to inquire whether any errors had occurred in counting the votes for state officers and councillors.] Adjourned until 9 O'Clock To-Morrow Morning.
SATURDAY 13th. Oct. 1798, 9 O'Clock A. M.
Met according to adjournment.
Agreeably to the concurrent resolution of both houses, the Governor and Council joined the house of representatives, for the purpose of electing a Councillor, vice Samuel Williams, Esqr resigned, And the ballots of both houses being taken, Abel Spencer, Esquire was declared duly elected.
Adjourned to 2 O'Clock, in the afternoon.
2 O'CLOCK P. M.
Met according to adjournment.
Abel Spencer, Esquire, appeared in Council, and after being duly qualified by his Honor, the Lieut Governor, took his seat.
Adjourned Until 9 O'clock Monday Morning next.
MONDAY, 15th. Oct. 1798, 9 O'Clock A. M.
Met according to adjournment.
The following is a copy of a letter addressed to his Excellency and the hon'ble Council by their secretary, viz.
"To his Excellency the Governor and hon'ble Council
"Gentlemen-Having had the honor of holding the office of Secretary to your Excellency and the hon'ble Council for a series of years, I now find it as well incompatible with my interest, as interfering with the arrangement of my private and domestic concerns, to fill that office longer. I therefore, under the above circumstances, resign all pretentions to that office, and while I shall uniformly recognize your goodness, must solicit you, Gentlemen, to accept my resignation, and my best wishes for your future health, and happiness-and the prosperity of the State. And have the honor to be Your Friend and very humble servant. TRUMAN SQUIier.
"Vergennes, 12th. Oct", 1798."
The same being laid before the Council and accepted, His Excellency, the Governor, nominated Richard Whitney, Esquire, late clerk to the general assembly, as secretary to the Governor and Council, to fill the vacancy occasioned by the Resignation of Truman Squier, Esquire, which nomination was unanimously approved by the Council. In consequence of which, his Excellency acquainted Mr. Whitney by the following note: to wit
"Mr. Whitney,-On the resignation of Mr. Squier, of the office of Sec retary of Council, I have thought proper to nominate you to that office