MONDAY, February 6th, 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Resolution, passed in Council Saturday, respecting the Trustees of the University of Vermont, was returned from the House with the following order on the same:

"In General Assembly Feby 4th, 1804. Read and Concurred.

66

Att.

A. HASWELL Clerk." The following resolution was sent from the House to Council: Resolved, That the Committee appointed for the purpose of distributing the Laws of the last Session to the several Members of this House, be appointed to distribute the Proclamations for a day of fasting and Prayer, to join with Council. Feby 6th, 1804. Members chosen Mess. Galusha, Bullock, Wood, Spooner, Jas Fisk, Wetherbee, Stanley, Palmer, Kitchell, Potter and Fassett. Extract from the Journals.

Att.

A. HASWELL Clerk." Which Resolution was read, and on Motion, Resolved, That Mr. Wheelock join the above Committee from the House.

A Bill, passed in the House of Representatives, Entitled "An Act organizing certain regiments of Cavalry therein mentioned," was sent up to Council for revision &c. and after being read, it was Resolved, That it be referred to Governor Brigham.

The Committee of Conference from Both Houses on the Bill Entitled "An Act in addition to and revival of an act Entitled 'An Act assessing a Tax of Two Cents per acre on the Town of Westford,' passed October 26th. 1799," reported that a Committee of Council be appointed to amend the Bill, by appointing a new Collector of the said Tax to be placed in the same situation as the former Collector, which report was accepted, and Resolved, That Mess. Niles and Witherell be the Committee.

A Bill, passed in the House of Representatives, Entitled "An Act relieving Nathaniel Callender from a Bill of Cost therein mentioned," was sent up for Revision &c. and on Motion was amended by adding to the Bill the following as an amendment, "on the said Callender's paying the Cost which has arisen in the suit now pending." Resolved, That the Council do concur in passing the said Bill as amended.

The following Bills, passed in the House of Representatives, were sent up to the Council for revision, Concurrence or proposals of amendment, one Entitled "An Act impowering William C. Harrington Esquire Administrator &c. to sell and convey certain Lands &c.," one Entitled "An Act for the relief of Matthew Stanley of Tunbridge," one Entitled "An Act authorizing the Administrator on the Estate of Samuel Williams Esquire, late of Rutland, deceased, to Deed lands," one Entitled "An Act for the Relief of Deborah Stone," one Entitled "An Act in addition to an act Entitled 'an act laying a Tax on the several towns therein mentioned," one Entitled "An Act for the relief of William Bryant," and one other Entitled "An Act making appropriation for the Debenture of the Legislature during the present Session &c." which Bills were severally read, and on Motion it was Resolved, That the Council do concur with the House in passing the aforesaid Bills into Laws of this State.

The Committee on the bill Entitled "An Act to authorize the Supreme Court to empower Guardians to sell the real Estate of their Wards," reported the following Amendments, To erase after the word "sold," in the Thirteenth line of the second Page to the word "to" in the Seventeenth line of the same page-To erase from the beginning of the Second Section to the words "And no Guardian" in the Sixth line of the Third Page, and add the remainder of the second Section to the first Section as a provisionary clause, and the Second Section to read

thus, "Section 2nd. And it is hereby further enacted, That no order of Sale shall be granted by said Supreme Court, unless such Guardians shall produce to the Court a certificate signed by the Judge of Probate of the District where such Land lies, recommending such sale, and also make it appear to the said Court that the same will be beneficial to such wards"-which report was accepted, and on Motion, Resolved, That the Council [do concur] in passing said, Bill as amended, and Ordered, That Mr. Galusha inform the House of the Reasons for such amendments. The following Message was recd from the House:

г.

"In General Assembly Feb 6th 1804. The Bill Entitled "An Act against disturbing the Remains of the Dead," received from Council was concurred in.

The Committee appointed on the Bill Entitled "An Act in addition to an act Entitled 'an Act regulating Town Meetings and the Choice and duty of Town officers,'" reported the following amendments, viz. After the word "State," in the Third line of the first Section, erase the remainder of the Section and insert the following in lieu thereof, "may require of their several Town Clerks, Constables, and Town Treasurers, when chosen, to give Bonds to the Selectmen of their respective Towns, in such sums and with such Sureties as they shall think reasonable, for the faithful performance of their several offices. And if such TownClerks, Constables, or Town Treasurers, so chosen as aforesaid, shall refuse to give Bonds as aforesaid when thereunto required, such Towns may proceed to choose such officers as will comply with such requirement." In the Second line of the Second Section, after the first word "the," erase the remainder of the Section and insert the following"several Towns in this State shall be liable to make good all damages which may accrue to any Person or Persons in consequence of the neglects or omissions of duty by any Town Clerk or Constable by such Town appointed, in all cases where such Town shall neglect taking Bonds as above directed in this act;" and to erase the Third Section-which Report being accepted, it was Resolved, That the Council do concur in passing the said Bill as amended, and Ordered, That Mr. Loomis inform the House of the Reasons which governed the Council in adopting those Amendments.

The Debenture of Council for the present Session was read by the Secretary, and it was Resolved, That the Same is approved by Council, and Ordered, That the Secretary enter it on the Journals:

2 O'CLOCK P. M.

The Committee on the Bill Entitled "An act in addition to an act assessing a Tax of Two Cents per acre on the Town of Westford, Passed October 26th 1799," reported the following amendments: Strike out the whole of the Preamble after the word "Act," in the Second line of the same, and insert "after having accepted the appointment of Collector as aforesaid, and doing various acts in that capacity, has, as is represented to this Assembly, absconded, without having compleated the services and duties to do which he was authorized and empowered by said Act, Therefore."-Strike out the whole of the Bill after the word " That," in the Third line of the First Section, and insert the following: "Martin Powell be and he is hereby appointed, authorized and impowered to do and perform every such act, in collecting said Tax. and in executing Deeds of Lands already sold, or which may be sold, for the discharge of said Tax, as would, in the present Stage of the Collection of said Tax, have been lawful for said Seely to do and perform antecedent to the passing of this act; and such acts and Deeds which shall be [done] by the said Powell, in pursuance and completion of the duties by said act imposed on said Seely, and which still remain to be done, shall be as good and valid in Law, as though the same had been done by said Seely. And it is hereby further enacted, That said Powell shall not be, in any way, answerable, for any thing either done or omitted by the said Seely in or respecting the Collection of the Tax aforesaid." Which report was accepted, and Resolved, That the Council do concur in passing said Bill as amended, & Ordered, That Mr. Niles communicate the Reasons of such amendments to the House.

A Bill, passed in the House of Representatives, Entitled "An act laying a Tax of Two Cents per acre on the Town of Derby," was sent up to Council for Revision &c. and being read, it was Resolved, That it be committed to Mess. White and Loomis.

A Bill, passed in the House of Representatives, Entitled "An act constituting a corporation by the name of the Northern Turnpike Company of Vermont," was sent up to Council for Revision &c. and was, on motion, amended, by erasing the name of "Joseph Jones," in the Second Line of the Third Section, and Inserting the name of "David Wing Jun;" by adding to the Fourth Section as follows: "And no greater certainty shall be required in such presentments, in describing the place out of repair, than is required by the nineteenth Section of "An act Entitled 'An Act reducing into one the several acts for laying out, making, repairing, and clearing Highways;'" by inserting after the word “Road," in the fourteenth line of the Fifth Section, "And again return on said Road, to travel on the same;" and by inserting after the word "Distances," in the eighth line of the Seventh Section, "with a sufficient supply of water in the same "-and being read as amended, it was Resolved, That the Council concur in passing said Bill as amended, & Ordered, That Mr. Galusha inform the House of the Reasons of Council in adopting those amendments.

A Bill, passed in the House of Representatives, Entitled “An Act establishing a Corporation by the name of the Caledonia Turnpike Company," was sent up to Council for Revision &c. and being read was, on motion, amended by adding to the Sixth Section, "And no greater certainty shall be required in such presentment, in describing the place out of repair, than is required by the Nineteenth Section of an Act Entitled an act reducing into one the several acts for laying out, making, repairing and clearing Highways;'" and being read as amended, it was Resolved, That the Council do concur in passing the said Bill as amended. The Committee on the Bill Entitled "An Act laying a Tax of Two

Cents per acre on the Town of Derby," reported the following amendments-That the Bill pass for “Three Cents" instead of "Two Cents,” that Luther Newcomb be the Collector instead of Elisha Lyman, that Elisha Lyman be of the Committee in the place of Luther Newcomb, and that the name of Ebenezer Gould be erased and Japhet Benham be inserted; which Report was accepted, and on Motion, Resolved, That the Council concur in said Bill as amended, and Ordered, That Mr Loomis communicate the reasons of such amendments to the House.

A Bill, passed in the House of Representatives, Entitled "An Act uniting_certain parts of the Towns of Pomfret and Hartford into one School District," was sent up to Council for revision &c. and being read, it was Resolved, That the Council concur in passing said Bill into a Law.

A Bill, passed in the House of Representatives, Entitled "An Act enabling the Inhabitants of the Town of Washington to ratify their former proceedings," was sent up to Council for revision &c. and, on Motion, was amended by erasing after the word "That" in the Second line of the Bill, the whole of the Bill and Inserting in lieu thereof the following: "The several votes and proceedings of said Meeting be and they are hereby ratified and confirmed in as ample a manner as though the said Thomas Porter Esquire had presided in the same until a Moderator and Clerk had been chosen:" and Resolved, That the Council do concur in said Bill as amended, and Ordered, That Mr. Wheelock inform the House of the Reasons of such Amendment.

The following resolution was received from the House:

"In General Assembly Feb 6th. 1804. Resolved, The Governor and Council concurring herein, That the unfinished Business now pending before the Council and General As sembly be and the same is hereby referred to the next Session of the Legislature. Extract from the Journals.

Att.

A. HASWELL Clerk."

Which Resolution was read, and Resolved, That the Council concur in the same, and Ordered. That the Secretary communicate it to the House, and also inform the House that the Council are ready to Meet the House in the Representatives' Room, for the purpose of adjourning the Legislature without day.

Mr. Potter, from the House, informed the Council the House would now join with Council in the Representatives' Room for the purpose above mentioned.

The Governor and Council accordingly proceeded to the Representa tives' Room, and after the Throne of Grace was addressed by Mr. [Sidney] Willard, the Chaplain, in prayer, the Two Branches of the Legislature were adjourned without day by the Sheriff of Windsor County. A True Journal. WILLIAM PAGE Ju Sec¥.

Attest

APPENDIX A.

VERMONT IN 1791, AS VIEWED BY A VIRGINIAN.—NO SLAVERY.

IN the summer succeeding the admission of Vermont into the Union, the State was visited by three Virginians, two of whom ranked among the most distinguished men of the nation, to wit, THOMAS JEFFERSON and JAMES MADISON, who came through Lake George, spent a day and a half on Lake Champlain, sailing about twenty-five miles north of Ticonderoga, when a further advance was prevented by a head wind. Returning, they proceeded to Bennington on the 4th of June, spent the Sabbath there, and on the 6th journeyed on their way to the valley of Connecticut river, and thence by Hartford and New Haven to New York city and Philadelphia. But for Jefferson's detailed account of this journey, altogether unlike that described in the letter which follows, it might be presumed that either Jefferson or Madison was the author of the letter. It is to be assumed rather, from the different route described,—which embraced both eastern and western Vermont and a tour across the State near the northern boundary-that the writer was a third Virginian, whose name has not been ascertained.

1

LETTER FROM A GENTLEMAN IN VIRGINIA TO HIS FRIEND IN BENNINGTON."

Sir, Before I left Virginia, I had conceived but a very indifferent opinion of the northern states, and especially of the state of Vermont. I had formed the idea of a rough barren country, inhabited by a fierce, uncivilized, and very unpolished people. I made my tour up Connecticut river, east of the green mountains, near the northern boundary of your state, and returned on the western side, by the lake through Bennington. I must confess I was surprised and astonished beyond measure, to find a fertile luxuriant soil, cultivated by a virtuous, industrious and civilized set of inhabitants; many of whom lived in taste and elegance, and appeared not unacquainted with the polite arts.

1 Randall's Life of Thomas Jefferson, Vol. II, pp. 19 and 20; and Vermont Gazette of June 6 1791.

From the Vermont Gazette of Sept. 19, 1791.