1st. That on joint and several bonds, bills, notes, or other contracts in writing, not more than One suit or action shall be had or maintained thereon, in any court or courts within this state at the same time-but if more than One suit or action be brought on any such bond, bill, note, or other contract, the action or suit so last brought and entered in any court, shall, on motion and due evidence, be abated,—and the defendant or defendants recover his, her or their costs.

2nd. That no plaintiff or plaintiffs on sundry demands of a similar nature, due and payable at the same time, from any defendaut or defendants, and for which seperate actions might be brought, shall have seperate actions for the recovery of the same-but such demands shall all be joined in the same writ and declaration, if prosecuted at one and the same Court.

3rd. That on all actions, between plaintiff and defendant, or plaintiffs and defendants, if it shall appear that either party, or any one of either party, shall actually live or reside within this State, travel on such action, in no instance, shall be taxed farther than from the place where such person aforesaid shall live or reside, to the place where final judgment shall be had or rendered thereon-Provided such judgment be rendered on default or nonsuit or otherwise in the discretion of the court before whom judgment shall have been rendered.

4th. That provision be made that when the real or personal estate of any person or persons shall be attached at the suit of another, then such estate so attached shall not be holden, exclusively, for the benefit of the party so attaching, but shall be holden for the benefit of all the creditors in proportion to their respective claims and demands-and that this committee report to this house, if they shall see fit, as well by bill as otherwise. Members chosen, Messieurs W. C. Harrington, Olcott. Blake, Chipman and Hay.

Attest,

S. C. CRAFTS, Clerk."

Extract from the Journals, The said resolution being read and considered, On Motion, Resolved, that Mr. Jacob and Mr. Robinson do join the committee appointed by the house on the said resolution.

The Council adjourned to 2 O'Clock P. M.

2 O'CLOCK P. M.

The Council met pursuant to adjournment. The following letter from his Excellency Governor Tichenor was sent up from the house of Representatives, viz.

"In Council 23rd Octr. 1798.

Mr. Speaker-I do myself the honor to lay before the General Assembly certain papers, together with an application made to me by a deputation from a number of the Indian-Chiefs of the seven nations of Lower Canada, who conceive that they have an equitable claim to compensation for the loss of their hunting lands in this state. As they [are] attending at this place solely for the purpose of receiving an answer to their application, you will give me leave suggest the propriety of an early attention to the within Communication.

ISAAC TICHENOR.

On the foregoing communications the General Assembly had entered the following, viz.

"In General Assembly Octr. 23rd. '98. The within communications were read and referred to Messieurs P. Wright, Burt, S. Williams, Gallup, Chipman, Hatch, Hay, Elisha Sheldon and Blanchard, jointly with such committee as may be appointed on the part of the council, to state facts and make report.

Attest,

SAML C. CRAFTS, Clerk."

The said letter of his Excellency, together with the accompanying communications being read and considered, On Motion, Resolved, That Mr. Brigham, Mr. Marvin and Mr. Strong, on the part of the Council, do join the committee appointed by the house on the foregoing letter and communications.'

The Council adjourned until 9 O'Clock To-Morrow Morning.

WEDNESDAY 24th. Octг. 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment. The following resolution was sent up from the house of representatives, viz.

"In General Assembly Octr. 22nd. 1798.

On Motion, Resolved that his Excellency the Governor, with the advice of Council, be requested to issue his proclamation, appointing the first Thursday of December next to be observed as a day of public thanksgiving and praise throughout this state. Extract from the Journals, SAML. C. CRAFTS, Clerk."

Attest,

The said resolution being read and considered, On Motion, Resolved, As the advice of this Council, That his Excellency do appoint a day of public thanksgiving and praise agreeably to the foregoing Resolve of the house of representatives.

The Council adjourned until 2 O'Clock P. M.

2 O'CLOCK P. M.

The Council met pursuant to adjournment. Mr. Todd moved for liberty to bring in a bill entitled "An act regulating the choice of a Council of Censors." Ordered that he have leave. The said bill being read, Ordered, That it lie on the table for consideration. The council (all the members being present) resumed the consideration of the address to the president of the United [States,] sent up from the house of representatives on the 22nd instant, Which address is as follows, viz.-[For Address, and answer of President Adams, see Appendix H.]

On the foregoing address the house of representatives entered the following resolutions, viz.

STATE OF VERMONT. In General Assembly Oct. 20th 1798. Resolved, That the foregoing address pass-that it be signed by the Speaker in behalf of this house, and that it be sent to the Governor and Council for their concurrence.

And further Resolved, That the Governor be requested to forward the same to the President of the United States.

Attest,

SAMUEL C. CRAFTS, Clerk.” The said address, together with the resolutious of the house thereon, being read and considered, On the Question, Will the Governor and Council concur with the house of representatives in passing the foregoing address? (His Excellency in the Chair.) The Yeas and Nays being required by Mr. Brigham

'The whole of the documents, including the commission and speech of the Indians, and their answers to questions put by Gov. Tichenor, will be found in Spooner's Vermont Journal of Nov. 6 1798. These papers are omitted, for the reason that this claim has been repeatedly presented and reported upon in accessible printed documents.-See printed Assembly Journals of 1799, p. 96, and of 1826, p. 140; and House Journals of 1854, pp. 605-634; of 1865, pp. 619-641; and of 1874, pp. 326-7.

Those who voted in the affirmative are, Mr. Brigham, Mr. Chamberlain, Mr. Jacob, Mr. Knoulton, Mr. Lynde, Mr. Marvin, Mr. Robinson, Mr. Strong, Mr. Smith, Mr. Spencer, and Mr. Todd.

Those who voted in the negative are, Mr. Galusha and Mr. Safford. It passed in the Affirmative-Yeas 11, Nays 2-Majority 9.

Ordered, That the Secretary return said address to the house of representatives and acquaint them of the concurrence of the Governor & Council in passing the same.

The house [Council] adjourned until 9 O'Clock To-morrow morning.

THURSDAY 25th Octr. 1798, 9 O'Clock A. M.

The Council met pursuant to adjournment. The following resolutions were sent up from the house of representatives, viz.

"In General Assembly Octr. 23rd. '98. "Whereas it is highly expedient that every constitutional barrier should be opposed to the introduction of foreign influence into our national councils, and that the Constitution of the United States should be so amended as to effect and secure, in the best manner, the great objects for which it was designed:

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Resolved, that the senators and representatives of this state, in the Congress of the United States, be and they are requested to use their best endeavours, that Congress propose to the legislatures of the several states the following amendment to the Constitution of the United States: to wit

"That, (in addition to the other qualifications prescribed by said constitution,) no person shall be eligible as President or Vice President of the United States, nor shall any person be a Senator or Representative, in the Congress of the United States, except a natural born Citizen, or unless he shall have been a resident in the United States at the time of the declaration of independence, and shall have continued either to reside within the same, or be employed in its service, from that period to the time of his election.

"And Whereas the spirit of amity and mutual concession, which produced the Federal Constitution, ought always to be cultivated in the proposition & adoption of any amendments to the same:

"Resolved further, That in case the senators and representatives of this state in Congress shall find that the amendment above proposed is not perfectly conformable to the wishes and sentiments of a majority of both branches of the national legislature, they are hereby empowered and requested so to modify the same as to meet the sentiments of such majority. Provided, however, and it is the wish and opinion of this legislature, that any amendment which may be agreed upon, should exclude, at all events, from a seat in either branch of Congress, any person who shall not have been actually naturalized at the time of making this amendment, and have been admitted a citizen of the United States, fourteen years, at least, at the time of such election.

"Resolved further, that the Governor be requested, forthwith, to transmit the foregoing resolutions to the senators and representatives of this state in Congress

with the following order of the house entered thereon, viz.

"In General Assembly, Octr. 23rd. '98. Read and passed, and directed to be sent to the Governor and Council for revision and concurrence or proposals of amendment.

The said resolutions being read & considered, Resolved, That the Governor and Council do concur with the house in passing the same. Ordered, that the Secretary carry down to the house of representatives the said resolutions, and acquaint them of the concurrence of the Governor and Council in passing the same.

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The bill, entitled An act regulating the choice of a Council of Censors," was read the second time. Resolved, That it do pass. Ordered, That it be engrossed and sent to the house of representatives for their revision and concurrence, or proposals [of amendment.] Ordered, That the secretary carry down said bill and desire the concurrence of the House of representatives in passing the same.

A bill, entitled "An act directing the Treasurer of the state to pay Cephas Smith Jun'r a sum of money therein mentioned," was sent up from the house of representatives for revision and concurrence or proposals of amendment. The said bill being read, Resolved that the Governor and Council do concur in passing the same. Ordered, That the Secretary acquaint the house of representatives with the concurrence of the Council in said bill.

A bill, passed in the house of representatives, entitled "An act regulating Fees," was sent up for revision and concurrence or proposals of amendment. The said bill being read, Resolved, That the Council do concur in passing the same. Ordered, that the Secretary acquaint the house of representatives with the concurrence of the Council in said

bill.

A petition of Seth Wetmore was sent up from the house of Representatives with the following Order entered thereon, viz. "In General Assembly 25th Oct. '98. The within was read and referred to Messieurs Hunt, Hatch, Leavenworth, Jacob Smith, and Beardsley, to join a committee from Council, state facts, &c. Attest, SAML C. CRAFTS, Clerk." The said petition being read, Resolved, That Mr. Todd do join the committee appointed by the house on the aforesaid petition. The Council adjourned until 2 O'Clock P. M.

2 O'CLOCK P. M.

The Council met pursuant to adjournment. A bill, entitled "An act establishing a turnpike road from Windsor to Burlington in this State," was sent up from the house of representatives with the following order entered thereon, viz.

"In General Assembly Oct. 25th. 1798. The within bill, brought in on motion, was read and referred to Messieurs Hurd, Blake, Olcott, S. Williams, Storrs, Chipman, W. C. Harrington, Beardsley and Hathaway, to join a committee of Council. SAML. C. CRAFTS, Clerk." The said petition [bill] being read, On Motion, Resolved, That Mr. Lynde and Mr Marvin do join the committee appointed by the house

on the same.

Attest,

A bill, (without any title,) for the purpose of enabling several towns in the County of Chittenden to divide their lands into severalty, was sent up from the house of representatives with the following order entered thereon, viz.

"In General Assembly 25th. OctTM. 1798. The within was read and referred to Messieurs Chipman, Stanton, Blake, E. Sheldon and Jackson, to join such committee as the council shall appoint, to take the same under consideration and to report accordingly. Attest, SAML. C. CRAFTS, Clerk." The said bill being read, On Motion, Resolved, That Mr. Jacob and Mr. Galusha do join the committee appointed by the house on the same.

His Excellency stated to the council that a Mr. [Luther] Stone, who was elected a Judge of Probate for the District of Manchester the last year, had declined qualifying as such, and therefore there is a vacancy in said district.

Whereupon, On Motion, Resolved, That the Governor and Council do, at this time, proceed by ballot to fill said vacancy. The ballots being taken and examined, Truman Squier, Esquire, was declared duly elected. On Motion, Resolved, That the Governor issue a commission to the said Truman Squier, Esquire, accordingly.

A petition, praying for a land-tax on Bridgewater, was sent up from the house of representatives with the following order entered thereon, viz. "In General Assembly Oct 25th. '98. The within was read and referred to the 3rd land-tax committee, to state facts &c. Attest, SAML. C. CRAFTS, Clerk." The said petition being read, On Motion, Resolved, That the Council do concur in the foregoing order of the house thereon.

A bill, entitled "An act directing the mode of obtaining licences and regulating inns and houses of public entertainment," was sent up from the house of representatives with the following Order entered thereon, viz.

"In General Assembly Oct. 25th 1798. Read and referred to Messieurs P. Wright, Hunt, Burnham, Z. Curtiss, Chipman, Hatch, Stanton, Leavenworth, and Danforth, to join from Council, to report amendments &c.

Attest,

SAML. C. CRAFTS, Clerk."

The said bill being read, On Motion, Resolved, That Mr. Knoulton and Mr. Todd do join the committee appointed by the house thereon. A petition of Daniel Farrington was sent up from the house of representatives with the following order entered thereon, viz.

"In General Assembly Oct 25th. 1798. Read and referred to the committee on the petition of James Bayley, to state facts and make report.

The said petition being read, On Motion, Resolved, That the Council do concur in the foregoing order of the house on the said petition. A petition of John Fay was sent up from the house of representatives with the following order entered thereon:

"In General Assembly Oct 25th. 1798. The within was read and referred to the first land-tax committee, to state facts and make report. Attest, SAML. C. CRAFTS, Clerk." The said petition being read, On Motion, Resolved, That the council do concur in the foregoing order of the house made thereon.

A bill, entitled " An act directing the Treasurer of this state to credit the town of Weybridge in the County of Addison the sum of eleven dollars and seventy five cents, on the cent tax, so called," was sent up from the house of representatives with the following order entered thereon, viz.

"In General Assembly Oct. 25th. 1798. Read and referred to the committee on the petition of John Vance, to join, state facts &c. SAML. C. CRAFTS, Clerk.”

Attest,

The said bill being read, Resolved, That the Council do concur in the order of the house made thereon.

A petition of James Whitelaw, in behalf of the proprietors of Salem, was sent up from the house of representatives with the following order entered thereon, viz.