duct in that office the year past, deserves my warmest acknowledgments -I have not hesitated in accepting the appointment & have accordingly taken the necessary oath.-I have a greater ambition to serve the State in which I live, while I can do it to their satisfaction, than I have to serve any other Government.- For this reason I have not put myself in the way of appointments from any other quarter.- Neither do I now Paine of Brooklyn, and grandson of Seth Paine of Pomfret, Conn. While fitting for college, he abandoned his studies to serve for several months in the army of the revolution. He was graduated at Harvard University in 1781, and after studying the law for three years he came to Vermont in 1784, purchasing first a cultivated farm in Windsor, but in June of that year he commenced the opening of a large farm in Williamstown, which soon became, and through his life remained, his homestead. Notwithstanding his service in public offices from 1786 until his death in 1842, the most of his time, talents, and money were given to his farm, manufactures, various public improvements, and educational and benevolent institutions, in all which he was foremost in central Vermont, and an example for like-minded men everywhere. He was honored with the degree of Doctor of Laws by two universities, Harvard and Vermont, and was member of several societies for the advancement of arts and sciences. He was an exemplary Christian of the orthodox faith, rarely failing to attend public worship at the church in East Williamstown, four miles from his dwelling. He represented Williamstown in the General Assembly in 1787 and until 1791; was one of the Commissioners to settle the controversy with New York in 1789–90; Delegate and Secretary in the Constitutional Convention of 1786; member of the Council of Censors in 1792; Judge of the Supreme Court in 1791, '92, and '93; and United States Senator from 1795 until 1801, to which office he was re-elected, but he declined it for the purpose of accepting from President Washington the office of Judge for the U. S. District of Vermont. This office he held from 1801 until a few weeks before his death, which occurred on the 28th of April, 1842. The editor of this volume remembers him as a tall and well-proportioned gentleman, dressed in the style of President Washington, of a grave countenance and dignified bearing, scornful to none but affable to all. In June 1824, he delivered the address of welcome to Gen. LaFayette, at Montpelier, to which the General responded. These venerable and patriotic men were born in the same year, and both were associates of Washington. Judge Paine married Sarah Porter, daughter of John Porter of Plymouth, N. H., and had four sons and four daughters. All of the sons, who reached middle age, were distinguished for abilities and public usefulness. MARTYN PAINE, A. M., M. D., LL.D., and member of various societies in Europe and America, was born July 8, 1794, and resides in the city of New York. His reputation as the author of various medical books is high. In 1841 he united with five other medical gentlemen in establishing the Medical Department of the University of accept the appointment with which the Legislature have honored me with a view of Gain. You will however give me leave to observe that the pay of your Judges bears but a small proportion to the pay received by the Judges of any of the other States, when the ability of the States is compared. Were the State still in debt for the expences of the late war I would with pleasure live on my own property, & serve my Country without reward. But the State is now in a great measure free from debt. Altho' I know the Legislature will not waste the property of the Citizens; yet I am confident they would wish to make their servants a reasonable compensation. If upon deliberating on the subject they should think proper to make any additions to the pay of the Court it will be gratefully received. If on the other hand they should think the present pay adequate to the service I shall with equal pleasure acquiesce, & serve the State to the best of my abilities. I have the honour to be, Sir, your most Obed humble Sert ELIJAH PAINE. Windsor Oct 19, 1791. Roger Enos to Gov. Chittenden, resigning his office as Major General.1 To His Excellency, Thomas Chittenden, Governor, Captain-General and Commander in Chief, in and over the State of Vermont. May it please your Excellency,- It has ever afforded me satisfaction to serve my country in every sphere in which I have been called to action: But it has been my highest ambition to merit their approbation in a faithful discharge of the duties of the different military offices with which I have been honored.-And I flatter myself that I have not been undeserving the public esteem in my exertions to promote military discipline, since I have had the appointment of Major-General of the militia of this State. The duties of the office have been attended with a great degree of trouble and expence-honor is the only compensation the public can bestow, for the services of their military officers. I feel a wish that others as deserving as myself, should equally share the honors and the appendages. You will be pleased, therefore, to accept my resignation as Major-General of the fourth division of the militia of this New York, in which he has been a professor ever since. ELIJAH PAINE, born April 10, 1796, resided in New York city, and was author of law books, and from 1850 until his death, Oct. 6, 1853, was a Judge of the Superior Court. CHARLES PAINE, born April 15 1799, was Governor of Vermont from 1841 to 1843, and greatly distinguised by his services in manufactures, railroads, and other public improvements, until his death, July 6, 1853. These were all graduates of Harvard. GEORGE PAINE, a graduate of Dartmouth, and a lawyer, died Oct. 3 1836, in his 29th year. CAROLINE, the only daughter living, is wife of John Paine of New York city.-Vt. Hist. Magazine, Vol. II; and Drake's Dictionary of American Biography. From the Vermont Journal of Nov. 8 1791. The self-appreciation of Gen. Enos was finer than his modesty, yet it may have been as truly good as is the humor in the word "appendages." State-and be assured, Sir, that nothing will afford me more satisfaction than to find that the vacancy be filled with a person equally entitled to the esteem of the public, and the honors of the appointment. Windsor, Oct. 31, 1791. ROGER ENOS. Lieut. Gov. Olcott to the Freemen of Vermont.1 The subscriber hereby wishes to testify his gratitude to the Citizens of this State, for having heretofore placed him in a number of important Offices, and their late frequent appointments to the second seat of Magistracy. He feels that the infirmities of age and bodily indisposition, render him incapable of discharging the important functions of his office-& requests them, in the choice of his successor, to elect some person of known integrity and abilities, who will be both serviceable and respectable [acceptable] to the community at large. Norwich 14th Aug. 1794. PETER OLCOTT. Elijah Paine to the General Assembly, on his election as United States Senator. From the record of the Grand Committee in the Assembly Journal of Oct. 14 and 15, 1794: Oct. 14.-On motion, Mr. Jacob was requested to wait on the Hon. Elijah Paine, and desire him to attend the house and inform the Committee, whether or not he shall accept the appointment of Senator, to represent this State in the Senate of the United States. The Hon. Elijah Paine, Esq., appeared on the floor of the house, and requested of the committee, that he might be indulged a further opportunity, before he gave his answer to the message, communicated by Mr. Jacob. Granted. Oct. 15.-The Grand Committee met according to adjournment, when his Excellency communicated the following letter from the Honorable Elijah Paine, Esquire, viz. RUTLAND Octobr. 15th. 1794. Sir, I feel deeply impressed with a Sense of the Honor done me in my appointment as Senator in the Congress of the United States.When I compare my Opportunities for information & my abilities with the importance of the Trust, It might be thought, that Modesty would induce me to decline the undertaking.-I have endeavoured from every circumstance to collect what my duty is.-The result has been, (& that more from the General Wish of the Legislature than from any other circumstance) that I have concluded to accept the Appointment. I dare make no promises, but I cannot but hope that the lively impressions I now feel, will on all occasions produce an uniform Zeal for the Welfare of this and the United States. I will only add on this Head, that the consideration that my fellow Citizens of Vermont are so uniformly attached to peace and good Order and so capable of distinguishing between real & imaginary evils, will at all times afford me the highest satisfaction. 1Spooner's Vermont Journal of Aug. 25 1794. This letter is here printed from the original, in Ms. Vt. State Papers, Vol. 24, p. 76. As I accept this Appointment, it will now become necessary for me to resign the Office I have for several years past sustained as Judge of the Supreme Court. Give me leave to assure your Excellency, that my frequent reappointments to that Office have afforded me the most pleasing satisfactory evidence of the approbation of my fellow Citizens. Your Excellency will be pleased to communicate these my Sentiments to the Council and General Assembly, Towards whom, together with your Excellency, I remain with Sentiments of most perfect Esteem. ELIJAH PAINE. On motion, Resolved, That the Committee do now proceed to the choice of a Judge of the Supreme Court, in the room of the Hon. Elijah Paine. The ballots being taken, Lott Hall Esq. was declared duly elected. Letter of Samuel Knight to the General Assembly, on retiring from the office of Chief Justice, and proceedings thereon.1 To the Honorable the General Assembly of the State of Vermont, Gentlemen. At the time of my retiring from the office of Chief Justice of this State, I beg to be permitted to express to the Legislature the sense which I have of the honour that has been repeatedly done me in being appointed so often to that office. I am fully sensible of the right of the honourable Assembly to appoint any person they think proper, at the head of the judiciary department: and do not at all call in question the wisdom or propriety of the appointmeent which they have made. At the same time I cannot but express a consciousness of the most upright intentions and views in the discharge of every part of the duty of that important office; and I am happy to find upon the most careful enquiries which I can make, that the people of this State have not complained that any part of my official conduct has appeared unto them, to deviate from the strictest rules of Justice, equity, or propriety; these considerations afford me greater satisfaction than the emoluments of any office whatsoever. Upon retiring from the publick business of the State, you will give me leave to express the most ardent wishes that the Legislature may at all times be guided by the Spirit of wisdom in the appointment of all their judiciary and executive officers: That the Courts of Justice may always remain pure and uncorrupted, in administering Justice to this people: and that the people may continue to enjoy the blessings of freedom and good government to the latest posterity. Rutland Oct ye 15th. 1794. From the printed Assembly Journal of 1794: SAMUEL KNIGHT. Oct. 18-On motion by Mr. Jacob, Resolved, That the following address from this house be presented to the Honorable Samuel Knight, Esquire, late Chief Justice of this state. Sir,-This house in answer to your respectful address to both branches of the legislature, take the liberty to express to you the lively sense with which they are impressed of the justice, equity and propriety of your conduct, in the discharge of the various duties of the important office of Chief Justice of the Supreme Court - and of the dignity with which you have so long presided. 'From the original, in Ms. Vt. State Papers, Vol. 24, p. 75. Of the consciousness of the most upright intentions and views with which you declare you have been uniformly actuated, we are fully convinced. We are happy to find that you do not question the right or propriety of the assembly in displacing its officers. And in retiring, sir, from the public business of the state, we wish you may enjoy all the satisfaction appertaining to private and social life,— long continue a blessing to your, family and society, and when the curtain of life shall drop, receive a crown of Glory that shall never fade away. (Signed) DANIEL BUCK, Speaker. Oct. 21.- Whereas the honorable Samuel Knight, Esquire, has never received a grant of lands from this state or the government of NewHampshire and New-York, and it being suggested that there are small gores of land, not granted or claimed by any private individual: Therefore, Resolved, That the Honorable Samuel Knight, Esquire, have liberty to bring in a bill granting him two thousand acres of land in this state (if there be that quantity unlocated to be found.) under such regulations, restrictions, conditions and reservations, as the legislature shall direct. An act was passed accordingly.-See printed Laws of Vermont, 1794, p. 66. Israel Morey to Gov. Chittenden, resigning the office of Brigadier General.1 Sir I have for nearly twenty years Served my Country in the Military department. I am now so far advanced in life, that I wish for leave to resign my office as Brigadier General in the Second Brigade & fourth Division of Militia.-I think, Sir, it would be for the interest of the Brigade which I have the honor to command that I should resign at this time. I therefore request your Excellency that you would be pleased to accept of it. I have the honor to be your Excellency's most obedient and humble Servant. ISRAEL MOREY. Rutland, Oct. 18th. 1794. His Excellency Thomas Chittenden. Attest TRUMAN SQUIER, Sec. William Chamberlain of Peacham was elected vice Morey resigned. Gen. MOREY represented Orford, N. H., in the Vermont Assembly in 1778; and Fairlee in 1786, 1788 until 1791, and 1793 until 1798eleven years. He was Judge of Orange County Court 1786, 1789, and 1790; also a member of the Constitutional Convention of 1793. It is evident from his letter that his military services included the whole of the revolutionary war. In May 1775 he was a delegate from Orford to a Convention at Exeter, N. H., to take measures to restore the rights of the colonies; and in November of the same year he was delegate to a like Convention at the same place. Samuel Morey, second son of Gen. Morey, propelled a boat by steam in 1792 to 1793, ten years before Fulton constructed his experimental steamboat. Fulton in fact had the benefit of Morey's invention, and supplanted him.-Vt. Hist. Magazine, Vol. II. pp. 893, 894; and Deming's Catalogue. From the original in Ms. Vermont State Papers, Vol. 24, p. 77. |