after his settlement in Vermont he was elected representative as soon as he was eligible, in 1789, and re-elected in 1790, '92, and 1820. He was also a delegate in the Constitutional Conventions of 1791 and 1793; an Elector of President and Vice President in 1816; Assistant Judge of Windsor County Court 1801 until 1805; and Councillor 1803 until 1808. In 1768 he united with the Baptist church in Leicester, Mass., and until his death was an active and devoted Christian-a period of more than seventy years. Among his sons were Gen. Asaph Fletcher jr., who was Sheriff of Windsor County 1820 until 1830; Hon. Richard Fletcher of Boston, Member of Congress 1837-39, and Judge of the Supreme Court of Massachusetts 1848-1853; Doct. Alpheus Fletcher of Cavendish; Rev. Horace Fletcher of Townshend; and Ryland Fletcher of Cavendish, who was Lieut. Governor of Vermont 1854-56, and Governor 1856-58.— Fletcher Genealogy; Deming's Catalogue; and Vt. Legislative Directory.

SAMUEL SHEPARDSON is named in B. H. Hall's Eastern Vermont, p. 516, as the guide of the Vermont troops who in 1784, under the command of Stephen R. Bradley, suppressed the disorder in Guilford and vicinity. He was Councillor from 1803 until 1808, and seems to have held no other offices except Register of Probate in 1806, and Elector of President and Vice President in 1808.-Deming's Catalogue; and Vt. Legislative Directory.

EBENEZER WHEELOCK was one of the early settlers of Whiting, and he represented that town 1790 until 1794, '95, '96, 1802, and 1817 until 1821. He was Councillor 1803 until 1808; and delegate in the Constitutional Convention of 1793.-Deming's Catalogue.

24

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT WESTMINSTER, OCT. 1803.

STATE OF VERMONT, SS.

A Journal of the proceedings of the Governor and Council of the State of Vermont, at their Session begun and held at Westminster. within and 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 and three, and of the Independence of the United States the thirteenth [twenty-eighth.] pursuant to the Constitution and resolves of said State. Present, His Excellency Isaac Tichenor, Esquire, Governor, His Honor Paul Brigham Esquire Lt Governor, of the Council The honorable Elisha Allis, Noah Chittenden, Jonas Galusha, Beriah Loomis, Solomon Miller, Eliakim Spooner, Samuel Safford, John White and James Witherell Esquires. Samuel Fletcher Esq Sheriff of Windham County. Richard Whitney Secretary.

On motion, Resolved, That a Committee consisting of five members be appointed jointly with such Committee as may be chosen by the house of Representatives, to receive, sort and count the votes for Governor, Lt Governor, Treasurer and Councillors for the year ensuing. Members chosen-Mr. Galusha, Mr. Witherell, Mr. White, Mr. Loomis and Mr. Chittenden.

Mr. Marsh, Member of the house of Representatives, apeared in the Council chamber, and delivered the following message: "May it please your Excellency and Gentlemen of the Council, The house of Representatives are organized, and are now ready to co-operate in any business connected with the duties or dignities of government.' His Excellency then acquainted Mr. Marsh that agreeably to the Constitution and laws, the Council has, on their part, appointed a Committee, that such Committee was duly qualified, and ready to meet a Committee on the part of the house of Representatives—And Mr. Marsh withdrew. Adjourned to 4 O'clock P. M.

4 O'CLOCK P. M.

Mr. Morris, member of the house of Representatives, appeared in Council and delivered this message: "May it please your Excellency, The Committee appointed to receive, sort and count the votes for Governor, Lt Governor, Treasurer and Councillors for the year ensuing, are now prepared to make their report, and therefore request your Excellency and the hon'ble Council, as soon as may be, to meet the Representatives in their own room, for the purpose of receiving such report," and he withdrew.

The Governor and Council then repaired to the Representatives' room, and having taken their seats, the following report was handed in by Mr. Galusha, Chairman of said Committee.

"To the hon'ble General Assembly now sitting, Your Committee appointed to receive, sort and count the votes for Governor, Lt Governor,

Treasurer and Councillors, having attended to that service, beg leave to report, That his Excellency Isaac Tichenor has a majority of all the votes and is duly elected Governor, That his Honor Paul Brigham is elected L Governor, That Benjamin Swan is elected Treasurer, and That Jonas Galusha, Samuel Safford, Beriah Loomis, Noah Chittenden, John White, James Witherell, Eliakim Spooner, Nathaniel Niles, Asaph Fletcher, Ebenezer Wheelock, Samuel Shepardson and Elias Keyes are elected Councillors. JONAS GALUSHA Chairman.

Westminster, 13th October 1803."

The aforesaid report being read, Samuel Fletcher Esquire, Sheriff of the County of Windham, declared said officers duly elected to the respective offices affixed to their names, by the suffrages of the Freemen. The Governor and Council then returned to their Chamber and adjourned untill 9 O'clock Tomorrow morning.'

FRIDAY, October 14th. 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.

Ordered, That the Secretary issue letters of notice to the new members of Council.

Mr. Marsh, member of the house of Representatives, appeared and delivered the following message, viz.

66

May it please your Excellency, The house of Representatives have this morning made choice of a Speaker, Clerk and other necessary officers, and are ready to proceed to the business of the session," and he withdrew.

Ordered, That the Secretary do immediately acquaint the house of Representatives that a Quorum of the new Council have met, are qualified and ready to proceed to the business of the Session. Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M. The Governor, accompanied by the Council, proceeded to the house of Representatives, and having signified his acceptance of the office of Governor for the year ensuing, the necessary oaths were administered to him by the Chief Justice, and then his Excellency delivered the following speech to both branches of the Legislature.-[For speech see Appendix J.]

The Governor and Council then returned to their Chamber and adjourned untill 9 O'clock tomorrow morning.

SATURDAY, October 15th. 1803, 9 O'clock A. M.

The Council met pursuant to adjournment.
The following resolution was received from the house:

"In General Assembly Oct. 14, 1803. Resolved, that the Governor and Council be requested to join the General Assembly in grand Committee, at the opening of the house to

1In announcing the list of Councillors elect, Spooner's Vermont Journal of Oct. 18 1803 said:

All [Jeffersonian] Republicans. The lowest Republican candidate had a majority of 500 over the highest Federal.

The Vermont Gazette, commenting on the election of Governor, charged the re-election of Gov. Tichenor to the then Jeffersonian counties of Rutland and Bennington, which gave Gov. Tichenor a majority of 223.-See Spooner's Vt. Journal of Oct. 25 1803. This statement is good testimony to the popularity of Gov. Tichenor.

morrow morning, for the purpose of agreeing on the time when the several County conventions shall meet to make County nominations. Extract from the Journals. Attest A. HASWELL, Clerk.”

And the same being read, Resolved, To nonconcur with the house therein, and that the following resolution be sent to the house as a substitute for the foregoing, by the Secretary: Resolved, The house of Representatives concurring therein, that the members of both houses meet in County Conventions at three o'clock P. M. on Tuesday next for the purpose of making County nominations for County officers, and that both houses convene in joint Committee on Wednesday next, at ten o'clock in the forenoon, in the Representatives' room, for the purpose of receiving such nominations and making the appointments of such officers. The following resolution was received from the house:

"In General Assembly Oct. 14, 1803. Resolved, that a Committee of three be appointed, to join a Committee from Council, to take into consideration the state of the Militia, state facts and make report. Members chosen-Mr. Morris, Mr. D. Sheldon and Mr. S. Porter. Extract from the Journals.

Att.

A. HASWELL, Clerk." And the same being read, Ordered, That the L Governor do join the aforesaid Committee.

The following resolution was received from the house:

"In General Assembly Oct. 14, 1803. Resolved, That a Committee consisting of one member from each county in this State, to join such Committee as the Governor and Council may appoint, be appointed, to examine and report what measures are necessary to be taken to make provision for punishing by hard labor those who shall be convicted of crimes not capital. Members chosenMess Shumway, Wheeler, Speaker [Theophilus Harrington,] Leland, Painter, E. Hammond, Isham, S. Chamberlin, Janes, Hinman & Weatherbee. Extract from the Journals.

Att.

A. HASWELL, Clerk."

And the same being read, Ordered, That Mr Niles and Mr. Galusha do join the aforesaid Committee.

Mr. Niles introduced the following resolution: Resolved, That the Governor be and he hereby is requested to inform the President of the United States that the second section of the law of the United States, passed March 3d. 1795, Entitled An act for the more general promulgation of the laws of the United States," has not been carried into effect for the year last past, and request that the said laws may be duly transmitted-which was read and Ordered, That it lie on the table. The following resolution was received from the house:

"In General Assembly Oct. 15, 1803. Resolved that a Committee of seven, to join a Committee from Council, be appointed to examine the 5th Section of an act entitled "An act for the punishment of certain capital and other high crimes and misdemeanors," and report such alterations and amendments as they shall think proper. Members chosen-Mess A. Marsh, Olin, Ives, Whitney, Isham, Pomeroy & E. Allen. Extract from the Journals.

Attest

A. HASWELL, Clerk." And the same being read, Ordered, That Mr. White do join the aforesaid Committee.

The following resolution was received from the house:

"In General Assembly Oct. 15, 1803. Resolved, That a Committee of seven members, to join such Committee as the Governor and Council may appoint, be appointed to examine an act Entitled "An act directing the mode of taking the for

feiture of Charters," and report what additions, alterations, or amendments ought to be made to said act. Members chosen-Mess. A. Marsh, Speaker, Shumway, Robinson of Bennington, Stanley, Jas Fisk & Shaw. Extract from the Journals.

Attest

A. HASWELL Clerk." And the said resolution being read, Ordered, That Mr. Loomis do join the aforesaid Committee.

The following resolution was received from the house:

"In General Assembly Oct. 15 1803. Resolved, That a Committee consisting of one member from each County he appointed to join such Committee as the Governor and Council may appoint, to be denominated the First land tax Committee, who are hereby directed to report to this house the number and amount of all the taxes on lands on which a tax may be prayed, and report their opinion_thereon. Members chosen-Messs. D. Sheldon, Roberts, Sargeant, Emmons, T. Porter, Ketchell, I. Taylor, Tuttle, Armington, DeForrest & Beeman. Extract from the Journal.

Attest

A. HASWELL Clerk." And the said resolution being read, Ordered, That Mr. Chittenden do join the aforesaid Committee.

Adjourned to 9 O'clock Monday morning.

MONDAY, October 17th. 1803, 9 O'clock A. M.

The following resolution was received from the house :

"In General Assembly Oct. 17, 1803. Resolved, That the Governor and Council be requested to join the General Assembly in Grand Committee, at the opening of the house in the afternoon, for the purpose of choosing Judges of the Supreme Court.

And being read, it was Resolved, To concur with the house therein. Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M. Agreeably to the concurrent resolution of both houses, the Governor and Council repaired to the Representatives' room and met the house in joint Committee for the purpose of electing Judges of the Supreme Court-when the following resolution was adopted: Resolved, That whenever the two houses meet in joint Committee, the Governor, and in his absence the L Governor, shall be Chairman of the joint Committee, and that the Secretary of State, or in his absence the Secretary of the Governor and Council shall be Clerk to said Committee. The joint Committee then proceeded to elect the Judges of the supreme Court, and the ballots being taken and examined it appeared That the hon'ble Jonathan Robinson Esq was elected Chief Judge, and the hon'ble Royall Tyler and Theophilus Harrington, Esquires, Side or Assistant Judges. The joint Committee was then dissolved, and the Governor and Council returned to their Chamber.

The following resolution was received from the house:

"In General Assembly Oct. 17, 1803. Resolved that a Committee of three be appointed from this house to take into consideration the act directing the listers in their office and duty, and report by bill or otherwise what alterations, if any, are necessary in said bill [act]. Committee appointed, Mess. S. Porter, Cruttenden and Douglass to join Committee from Council. Extract from the Journals. Attest A. HASWELL Clerk." And the same being read, Ordered, That Mr. Safford do join the aforesaid Committee.