Resolved, That a Committee of three members be appointed to join a Committee from the house of Representatives, to enquire whether any and what alterations and amendments are necessary to be made to the present existing laws - And also, to enquire what additional laws it will be expedient or necessary to pass the present session, and to report by bill or otherwise. Members Chosen -- Mr. Chamberlain, Mr. Galusha and Mr. Witherell.

The Council adjourned untill 9 O'clock Tomorrow morning.

TUESDAY, October 19th. 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

Stephen Williams Esquire, who was declared duly elected a Councillor, appeared in the Council Chamber, accepted his appointment, and after taking the necessary oaths, was admitted to a seat.

A petition from a number of the Inhabitants of Pittsfield praying for a land tax, was sent up from the house with this order thereon:

"In General Assembly Oct. 18, 1802. Read and referred to the first land tax Committee.

Attest

JAS. ELLIOT, Clerk." And the same being read, Resolved, To concur with the house in the aforesaid reference.

Benjamin Swan Esquire, Elected Treasurer of the state for the year ensuing, appeared in the Council Chamber, produced his bonds, which being accepted and approved by and before the Governor & Council, the necessary oaths were administered to him by the Governor.

On motion, Ordered, That the Secretary acquaint the house of Representatives that, agreeably to the resolution of both houses of yesterday, the Council are convened and are now ready to proceed to ballot for a Senator to represent this State in the Congress of the United States.

Mr. Farrand, member from the house of Representatives, appeared in the Council Chamber and delivered the following message:

"May it please your Excellency, I am directed to acquaint your Excellency and the hon'ble Council that the house of Representatives are not prepared to proceed on the resolution of yesterday, for the purpose of balloting for a Senator to represent this State in the Senate of the United States," and he withdrew.

The following resolution was received from the house :

"In General Assembly Oct. 19th. 1802. Resolved, the Governor and Council concurring therein, that the resolution passed by the two houses yesterday, respecting the election of a Senator to represent this State in the senate of the United States, be and the same is hereby rescinded. Extract from the Journals.

Attest

JAS. ELLIOT Clerk."

The above resolution was brought up by Mr. Hay, who, after assigning the reasons of the house therefor, withdrew, and the same being read, Resolved, To concur with the house in the same.

The following Resolution was received from the house, viz.

"In General Assembly Oct. 19, 1802. Resolved, the Governor and Council concurring therein, that both branches of the legislature meet in their respective houses this morning, at ten O'clock, and then and there proceed to ballot for some suitable person as Senator to represent this State in the Senate of the United States, for six years from and after the third day of March next, and that immediately afterwards both houses meet in the Representatives' Room for the purpose of declaring the person elected, and that if the two

Attest

branches do not agree on the same person, that they then proceed by joint ballot to elect a suitable person as Senator as aforesaid. Extract from the Journals. JAS. ELLIOT Clk." And the same being read, Resolved, To concur with the house therein, with the following amendment, insert after the word "meet," in the eighth line, the words "in joint Committee." Ordered, That Mr. Witherell carry the same to the house, with the said proposal of amendment. The following verbal message from the house was delivered by Mr. Olin, a member thereof: May it please your Excellency, I am directed by the house to inform your Excellency and the Council, that the house have concurred in the amendment of the Council to the above resolution, and are now ready to proceed to ballot.

On motion, Resolved, That the Council do now proceed to take the ballots for a Senator agreeably to the concurrent resolution of both Houses of this Morning. The ballots being taken and examined, The hon'ble Israel Smith Esquire had a majority of all the Votes, and was declared duly elected on the part of the Governor and Council.

The following verbal message from the house was delivered by Mr. Lyon, a member thereof:

66

May it please your Excellency, I am directed to acquaint your Excellency and the hon'ble Council, that the house of Representatives have compleated, on their part, by ballot, the Election of a Senator, agreeably to the concurrent resolution of both houses, and are ready to meet the Governor and Council in joint Committee and compare their nominations."

Whereupon Resolved, That the Governor and Council do immediately repair to the Representatives' room for the above mentioned purpose.

After having convened in joint Committee the proceedings of the Council relative to the Election of a Senator were read, as also the proceedings of the house of Representatives, and it appearing from the proceedings of the two houses that they had both united in the same person, James Sawyer Esqr. Sheriff of the County of Chittenden, by public proclamation, declared the hon'ble Israel Smith Esquire duly elected a Senator, to represent this State in the Senate of the United States for six years from and after the third day of March next; and the Governor and Council returned to their Chamber.

The resolution, passed in Council yesterday, relative to appointing a Committee to join a Committee from the house for the purpose of examining the existing laws and making alterations if necessary, was returned from the house with this order thereon:

"In General Assembly Oct. 19, 1802. Read and concurred, and Mr. Moses Robinson, Mr. Sam Porter, M1. Theos Harrington, Mr. Keyes, Mr. Linsley, Mr. Niles, Mr. W. C. Harrington, Mr. Harvey, Mr. Farnsworth, Mr. Hinman & Mr. French are joined. JAS. ELLIOT Clerk."

Attest

A Petition from Ripley Torry, praying for leave to plead double in a certain cause and for the admission of evidence, was received from the house with this order thereon:

"In General Assembly Oct. 18, 1802. Read and referred to Mr. Emmons, Mr. Hinman and Mr. Harvey to join such Committee as the Governor and Council may appoint. JAS. ELLIOT Clerk."

Attest

And the same being read, Ordered, That Mr. Chittenden do join the aforesaid Committee.

A petition from the proprietors of Landgrove and Benton's Gore, praying for the establishment of the dividing line &c. was received from the house with this order thereon:

"In General Assembly Oct. 18, 1802. Read and referred to Mr. Linsley, Mr. Ormsby and Mr. Jona. Baker to join such Committee as the Governor and Council_may_appoint.

Attest

JAS. ELLIOT Clerk." And the same being read, Ordered, That Mr. Williams do join the aforesaid Committee.

A petition from the landowners of the township of Glover, and one for a land tax on Brownington, were received from the house with this order on each :

"In General Assembly Oct. 18, 1802.

Read and referred to the Second land tax Committee.

Attest

JAS. ELLIOT Clerk." And the same being read, Resolved, To concur with the house in the aforesaid reference.

A petition for a Turnpike Road from Danby, thro' Harwich [Mount Tabor] to Dorset, was received from the house with this order thereon: "In General Assembly Oct. 19, 1802. Read and referred to the Committee on a petition for a turnpike from Sudbury to Hubbarton. Attest JAS. ELLIOT Clerk." And the same being read, Resolved, To concur with the house in the aforesaid reference.

The petition of Joseph Dwight and Samuel Kellum, praying for a land tax, together with a remonstrance accompanying the same, were received from the house with this order on each :

"In General Assembly Oct. 18, 1802. Read and referred to the third land tax Committee.

Attest

JAS. ELLIOT Clerk." And the same being read, Resolved, To concur with the house in the afores reference.

Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

The Governor and Council proceeded to the house of Representatives and met the house in joint Committee for the purpose of electing the Judges of the Supreme Court of Judicature, agreeably to the concurrent resolution of both houses of yesterday. On motion Resolved, That when the two branches of the legislature shall meet in joint Committee, that his Excellency, and in his absence the Lt Governor, shall be chairman of such Committee, and that the Secretary of State, and in his absence the Secretary of the Governor and Council shall be Clerk of such Committee. His Excellency accordingly took the Chair. David Wing Jun Secretary of the State, Clerk. The ballots being taken for the Chief Judge of the Supreme Court, The hon'ble Jonathan Robinson Esq was declared duly elected. The ballots being taken for the first Assistant Judge, The hon'ble Royall Tyler Esqr was declared duly elected. The ballots being taken for the second Assistant Judge, The hon'ble Stephen Jacob was declared duly elected. The Governor and Council then returned to their Chamber.

A petition from Sundry Inhabitants of Duxbury, praying for a land tax, was received from the house with this order thereon:

"In General Assembly Oct. 19, 1802. Read and referred to the Third land tax Committee.

And the same being read, Resolved, To concur with the house in the

said reference.

The Council adjourned untill 9 O'clock tomorrow morning.

WEDNESDAY, October 20th. 1802, 9 O'clock A. M. The Governor and Council met pursuant to adjournment and proceeded to the Representatives' room and met the house in joint Committee for the purpose of receiving the several County nominations, and appointing the respective County officers, agreeably to the Concurrent resolution of both houses of Monday last-His Excellency in the Chair, David Wing Jur. Clerk. The joint Committee acted on the several County nominations as reported to the Committee, and adjourned to 2 O'clock P. M. The Governor and Council then returned to their Chamber and adjourned to 2 O'clock P. M.

2 O'CLOCK P. M.

The Governor and Council pursuant to adjournment proceeded to the Representatives' room and met the house in joint Committee and again acted on the several county nominations as reported to the Committee, and after considerable progress made therein, the joint Committee adjourned untill Friday next, at 10 O'clock forenoon, and the Governor and Council returned to their Chamber.

A petition from the Inhabitants of Milton, praying for a land tax, was received from the house with this order thereon:

"In General Assembly Oct. 20th. 1802. Read and referred to the Third land tax Committee.

Attest

JAS. ELLIOT, Clerk.” And the same being read, Resolved, To concur with the house in their reference of the same.

A petition from Bethuel Finney, praying for a Turnpike Road &c. was recd. from the house with this order thereon:

"In General Assembly Oct. 20, 1802. Read and referred to the Committee appointed on a similar petition from Sudbury to Hubbarton. JAS. ELLIOT Clerk." And the same being read, Resolved, To concur with the house in the said reference.

Attest

Adjourned untill 9 O'clock tomorrow morning.

THURSDAY, October 21st. 1802, 9 O'clock A. M.

The Council met pursuant to adjournment.

The petition of Isaac and John Stevens against Wm. Sweester, praying to be restored to law &c. was sent up from the house with the following order thereon viz.

"In General Assembly Oct. 21, 1802.

Attest

Read and referred to the Committee on the petition of Elisha Taylor. JAS ELLIOT Clerk." And the same being read, Resolved, To concur with the house in the aforesaid reference.

A petition from Thos. H. Parker for a land tax in Eden, was received from the house with this order thereon:

"In General Assembly Oct. 21, 1802. Read and referred to the Third land tax Committee.

Attest

JAS. ELLIOT Clerk." And the same being read, Resolved, To concur with the house in the aforesaid reference.

A petition from sundry inhabitants of the Town of Rutland praying for the removal of a dam across Otter Creek, was received from the house with the following orders thereon:

"In General Assembly Oct. 18, 1802. Read and referred to the next Session. Oct. 21, Reconsidered the

above order, and Ordered, that this Petition be referred to Mr. T. Hammond, Mr. Flagg and Mr. Thos Porter, to join a Committee from Council. Attest JAS. ELLIOT Clk.” And the same being read, Ordered, That Mr. Loomis do join the aforesaid Committee.

A bill Entitled "An act in addition to an act establishing a Corporation by the name of the Windsor and Woodstock Turnpike Company,' was received from the house with this order thercon:

"In General Assembly Oct. 20th. 1802.

Attest

Read and recommitted to the joint Committee who reported it. JAS. ELLIOT Clerk." And the same being read, Resolved, To concur with the house in the said recommitment.

A bill, Entitled "An act establishing a Company of Artillery in the town of Pawlet," was received from the house with this order thereon: "In General Assembly Oct. 21, 1802. joint Committee on the petition of John JAS. ELLIOT Clerk." Resolved, To concur with the house in the

Read and committed to the Sargeant and others.

And the same being read, said commitment.

Attest

A bill Entitled "An act establishing a Company of Artillery in Rupert and its vicinity," was received from the house with the following order thereon:

"In General Assembly Oct. 21, 1802. Read and committed to the joint Committee on the petition of John Sargeant & others. JAS. ELLIOT Clerk." And the same being read, Resolved, To concur with the house in the said commitment.

Adjourned to 2 O'clock P. M.

Attest

2 O'CLOCK P. M.

The following resolution was received from the house:

"In General Assembly Oct. 21, 1802. "Whereas this State, being entitled to four Representatives in the Congress of the United States, and there being no existing law for the election of such Representatives, Therefore Resolved, that a Committee consisting of one member from each County in this State be appointed to join such Committee as the Governor and Council shall appoint, to take into consideration the propriety of dividing this State into four districts for the purpose of electing Representatives to represent this State in the Congress of the United States, and to make report to this house, as soon as may be, by bill or otherwise. Members chosen-Mr. Moses Robinson, Mr. Richards, Mr. T. Harrington, Mr. Jac. Smith, Mr. Chipman, Mr. Bayley, Mr. W. C. Harrington, Mr. Blanchard, Mr Francis Davis, Mr. Hinman, and Mr. French. Extract from the Journals.

Attest

JAS. ELLIOT Clerk.” And the same being read, Resolved, To concur with the house therein, and that Mr. Miller, Mr. Allis, and Mr. White do join the aforesaid Committee.

The following resolution was received from the house:

"In General Assembly Oct. 15, 1802. Resolved, That a Committee consisting of eleven Members be appointed, to enquire and report whether any and if any what alterations ought to be made in the Judiciary System, to join such Committee as the Governor and Council may appoint. Members Chosen, Mr. D. Sheldon, Mr. Farrand, Mr. Speaker [Abel Spencer,] Mr. Spooner, Mr. Chipman, Mr. Jas. Fisk, Mr. İlay, Mr. Blanchard, Mr. Levi House, Mr. Stanley and Mr. Dana. Attest JAS. ELLIOT Clerk."