imprisonment on civil process, as therein provided and limited," was sent up for revision &c. and being read, Resolved, To concur with the house in passing the said bill into a law.

The following written message was received from the house: "In General Assembly Nov. 6, 1801. The General Assembly have concurred in the amendments proposed by the Governor and Council to the following bills, viz. A bill Entitled "An act in addition to an act Entitled 'An act granting to John W. Blake, Calvin Knoulton and their associates, the privilege of building a toll bridge over West River in Brattleboro;'" A bill Entitled "An act to prevent duelling" A bill Entitled "An act establishing certain divisions of lands in the town of Fairfax;" and A bill Entitled "An act laying a tax of two cents on each acre of land in the township of SomAttest JAS. ELLIOT, Clk.” Resolved, The house of Representatives concurring therein, that the General Assembly be requested to meet the Governor and Council in joint Committee in the Representatives' room, at the time they shall attend to adjourn the Session of the legislature, for the purpose of electing a Judge of Probate for the district of Bennington for the time being to supply the vacancy occasioned by the resignation of the hon'ble Jonathan Robinson Esqr of that office. The above resolution was returned from the house concurred.

erset.

On motion, Resolved, That the Second Wednesday of April next be observed & kept as a day of humiliation, fasting and prayer throughout this State, and that the Governor issue his proclamation accordingly.

Mr. Witherell, Member of the house of Representatives, informed the Council that he was directed by the house to acquaint them that there was no business before that body.

A bill, passed in the house of Representatives, Entitled "An act making appropriations for the support of Government the present session, and from thence to the Session of the General Assembly in October 1802, and for other purposes," was sent up for revision &c. and being read and amended, Resolved, To concur in passing said bill as amended, & the L Governor requested to carry down the same, and inform the house of the reasons of the Governor and Council in proposing the said amendments.

The Council were notified that the house concurred in the same. The Governor and Council then repaired to the Representatives' room, met the house in joint Committee, Elected [Josiah Wright] a Judge of Probate for Bennington district, and after an appropriate prayer by the Chaplain, both houses were adjourned without day, and public proclamation thereof made by Sheriff Edson. A true Journal. Attest [RICHARD WHITNEY,] Secretary.

TWENTY-SIXTH COUNCIL.

OCTOBER 1802 TO OCTOBER 1803.

ISAAC TICHENOR, Bennington, Governor.
PAUL BRIGHAM, Norwich, Lieut. Governor.
Councillors:

SAMUEL SAFFORD, Bennington,
JOHN STRONG, Addison,
WM. CHAMBERLAIN, Peacham,
JONAS GALUSHA, Shaftsbury,
JOHN WHITE, Georgia,

SOLOMON MILLER, Williston,

ELISHA ALLIS, Brookfield,
NOAH CHITTENDEN, Jericho,
BERIAH LOOMIS, Thetford,
ELIAKIM SPOONER, Westminster,
JAMES WITHERELL, Fairhaven,
STEPHEN WILLIAMS, Rutland.

RICHARD WHITNEY, Guilford, Secretary.

LEMUEL WHITNEY, Brattleborough, Sec. pro tem.
JAMES SAWYER, Burlington, Sheriff.

BIOGRAPHICAL NOTICES.

Doctor JAMES WITHERELL, born in Mansfield, Mass., June 16 1759, descended from an English family who came to Massachusetts soon after the voyage of the Mayflower. In his 16th year he volunteered in the revolutionary service, continued through the entire war, was engaged in many battles, once wounded, and received a commission in the 11th continental regiment of Massachusetts. When he was discharged he had seventy dollars in continental money as the avails of eight years of military service. "With this he treated a brother officer to a bowl of punch, and set out penniless to fight the battle of life." He prepared himself with Doct. Billings of Mansfield for the medical profession, and in 1789 commenced practice at Fairhaven. In 1790 he married Amy Hawkins of Fairhaven, youngest daughter of Charles Hawkins, Esq., who had then recently come from Smithfield, R. I., and who was a lineal descendant of Roger Williams. Mr. Witherell represented Fairhaven 1798 until 1802, and was elected in 1802 but left the House and served in the Council. He was Councillor 1802 until 1807, when he was elected to Congress; but in 1808, before his Congressional term had expired, he was appointed by President Jefferson as one of the

judges of the territory of Michigan, an office embracing a variety of legislative and executive duties as well as judicial, and to which Judge Witherell added important military services in the war of 1812. On the fall of Detroit, Witherell refused to surrender a corps which he commanded, but permitted his men to disperse; while he himself, with a son and son-in-law, became prisoners. On being paroled, the three rejoined the family at Fairhaven, and there remained until they were exchanged. Judge Witherell then resumed his office in Michigan, and held it until he was permitted, by President John Quincy Adams, to exchange the judgeship for the office of Secretary of the Territory. He was Assistant Judge of Rutland County Court 1801 until 1803, and Chief Justice 1803 until 1806. He died at Detroit, Jan. 9, 1838, in his 79th year. See Adams's History of Fairhaven for these and other particuulars of Judge Witherell and his family; and Deming's Catalogue.

STEPHEN WILLIAMS entered upon the duties of Councillor without any previous legislative experience, and held that office only one year. He was nevertheless a valuable officer of his town, and doubtless his lack of wider official services was due to his modesty or disinclination. John A. Graham, an intimate acquaintance, gave Mr. Williams an admirable character - thus:

The hospitality of his disposition towards strangers would alone be sufficient to endear him to all who know him; but the same generous turn of mind leads him to far nobler exertions of benevolence - to chear the broken heart, to wipe the tear from the pale cheek of poverty, and to bid the friendless widow and orphan look up and smile. These are the actions that crown his days, and give to his temper that sweet serenity which only goodness can bestow.- Graham's Descriptive Sketch of the present State of Vermont, [London, 1797,] p. 69.

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT BURLINGTON,

OCT. 1802.

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 Burlington within and for said State, on the second Thursday of October, being the fourteenth day of said month, in the year of our Lord one Thousand eight hundred and two, and of the Independence of the United States the Twenty seventh.

Present His Excellency, Isaac Tichenor, Governor-His Honor, Paul Brigham, Lt Governor--of the Council, The Hon'ble William Chamberlain, Samuel Safford, Jonas Galusha, John Strong, Solomon Miller, John White, Ebenezer Marvin, Elisha Allis, Beriah Loomis, Elisha Robinson, Noah Chittenden & Eliakim Spooner. Richard Whitney Secretary -James Sawyer Esq. Sheriff of Chittenden County.

Resolved, That a Committee consisting of Seven 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. Marvin, Mr. Robinson, Mr. Safford, Mr. Strong, Mr. Galusha, Mr. Allis and Mr. Spooner. And the said Committee were severally sworn to the faithful performance of their trust. Adjourned to 5 O'clock P. M.1

5 O'CLOCK, P. M. The Governor and Council on notice proceeded to the house of Representatives, and met that body in joint Committee, when the following report was handed in by Samuel Safford Esqr.

To the hon'ble General Assembly of the State of Vermont now sitting: Your Committee appointed to receive, sort & count the votes for Governor, Lt Governor, Treasurer, and Councillors for the year ensuing report, That His Excellency Isaac Tichenor Esquire is duly elected Governor That His Honor Paul Brigham Esq is duly elected Lt Governor That Benjamin Swan Esqr is duly elected Treasurer - And That Jonas Galusha, Samuel Safford, Noah Chittenden, Beriah Loomis, William Chamberlain, John White, Solomon Miller, Stephen Williams, Elisha Allis, James Witherell, Eliakim Spooner and John Strong Esqr. are duly elected Councillors. All which is respectfully submitted by SAML SAFFORD for the Committee.

The sermon was preached by Rev. Dr. Jeremiah Atwater, President of Middlebury College.

The same being read, James Sawyer Esquire, Sheriff of the County of Chittenden, by public proclamation, declared said officers duly elected to the appointments annexed to their names respectively.

The Governor and Council returned to their Chamber and adjourned untill 10 O'clock tomorrow morning.

FRIDAY October 15th. 1802, 10 O'clock A. M.

The Council met pursuant to adjournment: Present His Excellency Isaac Tichenor Governor - His Honor Paul Brigham Lt. Governor of the Council, The Hon'ble Jonas Galusha, Samuel Safford, Noah Chittenden, Beriah Loomis, William Chamberlain, John White, Solomon Miller, Elisha Allis, Eliakim Spooner, & John Strong Esquires. James Sawyer Esquire Sheriff.

In consequence of the indisposition of Richard Whitney Secretary to the Governor and Council, Lemuel Whitney Esqr. was appointed to perform the duties of that office for the time being, and was duly qualified.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M. Ordered, That the Secretary issue a letter of notice to Stephen Williams Esquire, a new member of the Council, of the following tenor, viz.

Stephen Williams Esqr. Sir- By the report of a Committee appointed to receive, sort and count the votes for Governor, Lt Governor, Treasurer and Councillors for the year ensuing, you have been duly elected a Councillor, and as such have been declared. You will therefore be pleased to join the Council as a member as soon as possible after receiving this notice. By direction of his Excellency and the hon'ble Council I am &c LEMUEL WHITNEY Secy. pro tem.

Mr. Harrington, a member of the house of Representatives, appeared and acquainted the Governor and Council that the house were organized and ready to receive any communications which his Excellency should be pleased to make. Ordered, By his Excellency, That the Secretary acquaint the house of Representatives that the Governor accompanied by the Council will meet that body in the Representatives' room tomorrow morning at 9 O'clock, or at such hour as the house may appoint, to take the necessary oaths and make his communications.

The Petition of the Windsor and Woodstock Turnpike Company was received from the house of Representatives with this order endorsed thereon:

"In General Assembly Oct. 15, 1802. Read and referred to Mr Levi House, Mr. Th8. Hammond & Mr. Chipman, to join a Committee from Council to state facts and make report. Attest JAS. ELLIOT Clerk." And the same being read, Ordered, That Mr. Loomis join the aforesaid Committee.

The Council adjourned to 9 O'clock Tomorrow morning.

SATURDAY, October 16th. 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

His Excellency, accompanied by the Council, proceeded to the Representatives' room and after taking the necessary oaths delivered the following speech to both branches of the legislature.--[For speech see Appendix J.]