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That the Governor and council do concur in passing said bill, with the amendments noted thereon.
The following written message was received from the house: "In General Assembly Nov. 7 1798. The amendments proposed by the Governor and Council to the following bills were concurred-viz. A bill, entitled, "An act to enable the town of Jericho, to divide their lands into severalty "-The resolution directing the Engrossing Clerk to make up the debentures &c. and appointing a Committee to draw upon the Treasurer, and pay over the debenture to the Members &c. Attest SAML C. CRAFTS, Clerk."
A bill, passed in the house of Representatives, Entitled, An act to enable the Proprietors of the town of Randolph in conjunction with the landowners, to ratify, confirm and establish, part of the Proprietors' records, therein mentioned," was sent up for revision &c. and being read, Resolved, That the Governor and Council do recommend to the house of Representatives, to refer said bill to the next session of the Legislature.
The following Bills, passed in the house of Representatives, were sent up for revision & concurrence or proposals of amendment, viz. "An act directing the Treasurer of this State to pay to Seth Storrs, auditor, the sum therein mentioned," "An act suspending prosecutions against Thomas Archibald for the term of five years,' "An act directing the Treasurer of the County of Orange to pay to Joseph Norton the sum therein mentioned," "An act authorizing Joseph Churchill to sell the real estate of Benjamin Dimick, deceased," "An act in addition to and explanation of an act Entitled an act assessing a Tax of one cent on each acre of land in this State, for the support of government during the year 1797, and for other purposes," "An act laying a tax of one cent per acre on the town of Stowe, for the purpose therein mentioned," and "An act to prevent unnecessary law suits, and to regulate the taxing of Costs in certain cases therein mentioned "-And the same being severally read, Resolved, To concur with the house in passing the same into laws, respectively. Ordered. That the Secretary acquaint the house therewith.
The Council adjourned to 9 O'clock Tomorrow morning.
THURSDAY, November 8th. 1798-9 o'clock A. M. The Council met pursuant to adjournment.
Resolved, The house of Representatives concurring therein, that there be added to the debentures of John Chipman Esquire, Sheriff, fifty cents per day, above the sum allowed by law, making fourteen dollars and fifty cents.-The above resolution was sent to the house of representatives and returned concurred. A bill, passed in the house of Representatives, Entitled, "An act making appropriations for the support of government, for the present Session, and from thence, untill the session of the Assembly in October, one thousand, seven hundred and ninety nine "-was sent up for revision &c. and the same being read-Resolved, To concur in passing the same, with the amendments noted thereon.
The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment-viz-" An act appointing a Collector of a land tax in Stowe," "An act allowing to Abner Hawley seven dollars, for the services therein mentioned," "An act granting relief in a certain case to the Proprietors of the town of Westford, and declaring that Proprietors in certain cases shall pay the supreme Court a reasonable compensation," and "An act in addition to an act empowering the Collector of a land Tax in Fletcher passed Novr
8th, 1797."-The same being read, Resolved, To concur with the house in passing the said bills respectively.
Mr. Robinson moved for leave to bring in a bill Entitled "An act directing the Sheriff of the County of Caledonia to collect the cent tax on the Town of Concord." Ordered, That he have leave-and the said bill being read, Resolved, That the same do pass, and Ordered, That it be sent down to the house for their concurrence and that Mr. Chamberlain carry down the said bill, and assign to the house the reasons for passing the same.
The debenture of Council was read as follows and approved.
The following message was received from the house:
"In General Assembly Nov. 8, 1798.
The house have concurred in the amendments proposed to the bill making appropriations for the year 1798, by the Governor and Council, also in passing the Bill, Entitled "An act directing the Sheriff of Caledonia County to collect the Cent Tax on the town of Concord."
SAML C. CRAFTS, Clk."
Mr. Robinson, from the house, appeared in Council, and delivered the following message: The house have compleated the business before them, and are now ready, if the business in Council is finished, to adjourn without day-and he withdrew.
Resolved, The house of Representatives concurring therein, that both branches of the Legislature meet in the Representatives' room, immediately, for the purpose of adjourning the Legislature, without day.
The above resolution was sent to the house, returned concurred, and the Governor and Council proceeded to the Representatives' room, and after an appropriate prayer by the Chaplain, the General Assembly of the State of Vermont was adjourned, sine die, and Proclamation thereof made by John Chipman Esquire Sheriff of Addison County.
A true Journal.
[RICHARD WHITNEY,] Sec.
RECORD OF THE GOVERNOR AND COUNCIL
THE SPECIAL SESSION AT RUTLAND, MARCH 1799.
STATE OF VERMONT, SS.
A Journal of the Proceedings of the Governor and Council of the State of Vermont, at a special Session begun and holden at the Court House in Rutland, within and for said State, on Monday the fourth day of March, in the year of our Lord, one thousand seven hundred and ninety nine, pursuant to letters circular, issued by His Excellency the Governor, requiring a meeting of the Council on said day at ten o'clock A. M.-Present, His Excellency Isaac Tichenor Esquire Governor, His Honor Paul Brigham Esq. Lt. Governor, of the Council The Honble. John Strong, Luke Knoulton, Elijah Robinson, Stephen Jacob, Samuel Safford, Jonas Galusha, Timothy Todd, Abel Spencer, and Benjamin Burt Esquires. Richard Whitney Secretary.
A Quorum having convened, Thomas Miller, a Deputy Sheriff of Rutland County, declared by Proclamation said Session duly opened.
His Excellency then addressed the Council in the following speech: Gentlemen of the Council,-In consequence of a diversity of sentiment, as to the extent, construction and import of the Twenty Sixth Section of our Constitution, several of the judicial officers of this State, holding subordinate offices, or rather appointments, under the laws of the United States, have been induced to resign their offices under this State. Two of the seats, on the bench of the County Court in the County of Addison, have of course become vacant. Conceiving it the duty of the Executive of this State, correspondent with the powers vested in it by the Constitution, uniformly to adopt such measures as shall be calculated to preserve and secure the rights, privileges and immunities of the Citizens thereof; and not only to prevent the delay, but promptly to enforce the operation of our municipal laws; on which those rights, privileges, and immunities are, in a great measure, predicated, — and, upon the due and impartial execution of which they must, in an eminent degree, depend: I have thought fit to convene you at this time and place, for the purpose of filling the vacancies in the Judiciary department in the county of Addison, and the office of Judge of Probate for the district of Addison; the former Judge having made his resignation for reasons before assigned.
As the County Court of Addison County sits by law on this day, it is of high importance that the vacancies should be immediately filled."
I lament that an occasion should have occurred to render it not only expedient, but highly necessary, to call you together from your respective families and friends at this inclement season of the year, and on so short notice.
As the construction of the article in our Constitution, before alluded to, cannot properly come before this board to be determined, I shall forbear to offer my own opinion.
By a letter I some time since received from the Chief Justice of the Windham County Court, I learn that the person appointed High-Bailiff in said County positively declines qualifying as such. That office, of course, to give full operation to our laws, ought to be filled, but that vacancy, till the resignations before mentioned, being the only one represented to me, I did not think it of sufficient importance, nor in fact my duty, to convene you for the purpose of supplying it.
These are the principal Objects for which I have required your attendance. To such things and measures as shall be directed to the welfare of the State, I shall, at all times, be happy to join with the Council. 4 March 1799. ISAAC TICHENOR.
The Council then took under consideration the speech of his Excellency-when on motion Resolved, That they proceed to the Choice of a Chief Judge of Addison County Court. The ballots being taken and examined, the Honble John Strong Esquire was declared duly elected.
On motion, Resolved, To proceed to the Choice of a First Side or Assistant Judge of Addison County Court. The Ballots being taken and examined, the Honble Abel Thompson Esq was declared duly elected. On motion, Resolved, To proceed to the choice of a High-Bailiff in the County of Windham. The ballots being taken and examined, John Morse Esquire was declared duly elected.
On motion, Resolved, That His Excellency the Governor be requested to appoint Wednesday the 24th day of April next, as a day of public Fasting and Prayer throughout this State.
Resolved, That the Governor and Council do now proceed to the choice of a Judge of Probate in the District of Addison. The ballots being taken and examined, the Honble John Strong Esquire was declared duly elected.
The Council adjourned to 8 O'clock Tomorrow morning.
TUESDAY March 5th. 1799, 8 Oclock, A. M.
The Council met pursuant to adjournment.
In the absence of his Excellency, Lt Governor Brigham in the Chair. On motion of Mr. Knoulton, Resolved, unanimously, That the Council under existing circumstances, do highly approve the conduct of his Excellency in convening the Council at this time, for the purpose and for the reasons contained in his address at the opening of the session on the fourth instant.
Hiram Horton Esquire, one of the Assistant Judges of County Court, of Rutland County, personally appeared before the Governor and Council, and resigned his office as such. Whereupon, on motion, Resolved, That the Governor and Council do now proceed to fill the vacancy occasioned by that resignation-The ballots being taken and examined, the Honble Ebenezer Willson Esq was declared duly elected.
The debenture of Council was read and approved, as follows