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OCTOBER 1791 TO OCTOBER 1792.
THOMAS CHITTENDEN, Williston, Governor.
TIMOTHY BROWNSON, Sunderland, | JONATHAN HUNT, Vernon,
JOHN FASSETT, jr., Cambridge,'
JACOB BAYLEY, Newbury,
EBEN'R WALBRIDGE, Bennington,
JOSEPH FAY, Bennington, Secretary.
EBENEZER MARVIN, then a resident of Tinmouth but subsequently of Franklin, according to his grandson, the late chief justice Royce, was born in the south-west part of Connecticut, in April 1741. His occupation until some years after his marriage was that of a farmer, but he qualified himself for the medical profession, which he followed until 1794, when his age and a competent estate induced him to retire from practice. He was a resident of Sharon, Conn., in 1766, but removed to Stillwater, N. Y., from thence to Lansingburgh, from thence to Tinmouth, Vt., in 1781, and from Tinmouth to Franklin in 1794, where he died of paralysis in November 1820, in his 80th year. His public services were various and valuable. At the approach of the revolutionary
'Judge Fassett was elected Councillor, but did not attend or serve as such; and did not take the oath of office, unless he was sworn by the governor after the only session of that body had been closed.
Oct. 25 1791, Mr. Tichenor resigned his seat to accept the office of judge of the supreme court. Paul Brigham was elected to fill the vacancy, but served in the House during the session.
war, he took an active part and contributed liberally of his means to the cause. His first military service was as captain of a company of volunteers who marched to support Ethan Allen and Benedict Arnold at Ticonderoga; but subsequently he served as surgeon in the continental service, and in that capacity was present at the battle with and surrender of Burgoyne, in October 1777. He was judge of Rutland county court in 1786, and from 1788 to 1794, when he removed to Franklin. He was judge of Chittenden county court from 1794 until 1796, and of Franklin county court from 1796 until 1802, and again from 1808 until 1809-in all sixteen years. He represented Tinmouth in 1783, and from 1786 until October 1791, when he took his seat in the Council-six years. His service in the Council was from 1791 to 1802-eleven years. Though he was not educated for the bar, chief justice Royce declared that through his long experience as a judge and his powers of discrimination and judgment, he became "what may justly be styled a great common-sense lawyer." Chief justice Royce described him thus:
In person, judge Marvin was august and impressive, being at least six feet in height, with broad shoulders, full chest and stout limbs, every way strong and muscular, and withal quite corpulent. A larger human head than his is rarely if ever seen. In politics he was a federalist of the Washington school, and in religious preference and profession an Episcopalian.
See Vermont Historical Magazine, Vol. II, articles "Berkshire," and "Franklin;" and Deming's Catalogue.
RECORD OF THE GOVERNOR AND COUNCIL
SESSION OF THE GENERAL ASSEMBLY AT WINDSOR, OCTOBER 1791.
STATE OF VERMONT, Windsor, 13th. October 1791. At a General Election Holden at Windsor on Thursday the 13th day of October 1791. Present His Excellency Thomas Chittenden Esq. Governor, His Honor Peter Olcott Esq. Lt Governor, and the following members of the Honorable Council viz Timothy Brownson Jacob Bayley Samuel Safford Thomas Porter Ebenezer Walbridge John Strong Jonathan Hunt Isaac Tichenor Luke Knoulton Jonathan Arnold and Joseph Fay Secy William Sweetser Sheriff.
Resolved that a Committee of Seven be appointed to join a Committee from the House, to receive sort and Count the votes of the Freemen for Governor, Lt. Governor, Treasurer, and Twelve Councillors; Members choosen Mr Safford, Mr. Brownson, Mr Strong, Mr. Tichenor, Mr. Knoulton, Mr. Arnold & Mr. Hunt.
The Committee Having attended to the business of their appointment, Report the following Gentlemen to be Elected into office for the year Ensuing viz His Excellency Thomas Chittenden Esqr Gov. His Honor Peter Olcott Esq. Lt Governor, And the Honorable Samuel Safford Isaac Tichenor Jonathan Hunt John Strong Luke Knoulton Jonathan Arnold John Fassett Ju Jacob Bayley Timothy Brownson Ebenezer Walbridge Thomas Porter & Ebenezer Marvin' Counsillors, Honble. Samuel Mattocks Esq Treasurer. Adjourned to 9 °Clock Tomorrow."
FRIDAY, 14th. October 1791.
Met according to Adjournment. Present His Excellency Thomas Chittenden Esq. Gov. His Honor Peter Olcott Esquire Lt. Governor and the following Members of the Honorable Council viz. Timothy Brownson Jacob Bayley Thomas Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt Isaac Tichenor Luke Knoulton Jonathan Arnold. Joseph Fay Secy. William Sweetser Sheriff.
His Excellency the Governor, and the Honorable Council Having Taken the Oath to Support the Constitution of the United States, were duly qualified to Take the seats in Council.3
The Honorable Ebenezer Marvin Esquire being duly qualified and sworn to Support the Constitution of the United States & having taken the Oath of office, took his seat in the Council accordingly.
'Occasionally written Mervin in the legislative journals.
2 From the Vermont Journal of Oct. 18 1791:
Last Thursday, being the anniversary election of Governor and Counsellors for this State, the day was ushered in by the beat of drums.About 10 o'clock, His Excellency the Governor, with His Honor the Lieutenant Governor, accompanied by several Gentlemen of the Council, and others, were met a few miles from this town [Windsor,] by a troop of horse commanded by Capt. Hawley, and received on the parade by Capt. Hodgman's company of Artillery, and Capt. Leverett's company of Light-Infantry-each corps in most beautiful uniforms: Their manœuvrs and discipline, on this occasion, would have met the applause of regular troops.
The Committee appointed for the purpose, having declared His Excellency Thomas Chittenden, Esq. duly elected Governor, the same was announced by the discharge of fifteen cannon from the parade, by Capt. Hodgman's Artillery company.
A sermon, suitable to the occasion, was delivered by the Rev. Mr. Shuttlesworth, of this town, with his usual energy and pathos.
In the evening an elegant ball was given by a number of Gentlemen of this town, to a most brilliant assembly of Gentlemen and Ladies of this and the neighbouring States.
Rev. Samuel Shuttleworth, of Windsor, was appointed chaplain for the session.
3 The Governor and Council then joined the House, and the Governor "laid before the Legislature several communications from different public offices, among which were the proposals of amendment to the Constitution of the United States communicated from Congress; which were read, and laid on the table."-Printed Assembly Journal. See Appendix B.
The Ballots being Taken for the appointment of Secretary to the Council, Joseph Fay was declared to be duly Elected, and Took the necessary Oath to Support the Constitution of the United States, and duly to execute the office of Secretary.
Adjourned to 2 oClock P. M.
Met according to adjournment.
A bill from the House was received, appointing a Committee of seven to join a Committee from Council, to make the necessary arangements of the business to be Transacted the present Session.
Resolved that Mr. Safford & Mr. Knoulton join said Committee.
WINDSOR 15th. October 1791. Met according to adjournment. Present His Excellency Thomas Chittenden Esq. Gov. His Honor Peter Olcott Esquire Lt Governor and the following members of the Honble Council vizt Timothy Brownson Jacob Bayley Thomas Porter Samuel Safford Ebenezer Walbridge John Strong Jonathan Hunt Isaac Tichenor Luke Knoulton Jonathan Arnold Ebenezer Marvin. Joseph Fay Secy. Wm. Sweetser Sheriff.
A Message was reed from the House by Mr. Hitchcock, requesting the Governor and Council to join the House in Grand Committee to take under consideration the validity of the former Election of Senators to represent this State in the Senate of the United States.
His Excellency by a Resolution of Both Houses was declared to be Ex offisio [officio] Chairman in Grand Committee [and] Joseph Fay
The further Proceedings of the Committee entered on the journals of the House of Assembly.
Adjourned to 2 Clock P M.
Met according to adjournment.
The Governor and Council Proceeded to the House and joined in Grand Committee for the further consideration of the appointment of Senators. The question being decided that the former appointment was premature, the Committee dissolved, and the Council returned to the Council Room.
IN GENERAL ASSEMBLY Oct. 15 1791. Resolved that Monday next at the opening of the House in the afternoon be assigned to Elect Senators to represent this State in the Senate of the United States.
Extract from the Journals. ROSWELL HOPKINS, Secy of State. IN GENERAL ASSEMBLY 15 October 1791. Resolved that Thursday the 1 day of December next be Observed as a day of Public Thanksgiving throughout this State; and that His Excellency the Governor in Council be requested to Issue his Proclamation accordingly.
Extract from the journals. Adjourned until 10 °Clock Monday next.
L. R. MORRIS, Clerk.
IN COUNCIL Monday Windsor 17th October 1791. Met according to adjournment. Present His Excellency Tho Chittenden Governor, His Honor Peter Olcott Esq. Lt. Governor and the following members of the Honble. Council vizt Timothy Brownson Jacob Bayley Thomas Porter Samuel Safford Ebenezer Walbridge John