The Committee on the Bill Entitled "An Act laying a Tax on Bridgewater," reported that, having examined into the situation of said Town, it was their opinion it ought to pass, which being considered by Council, it was on Motion Resolved, That the Council do concur with the House in passing the said Bill into a Law.

The Committee appointed on Humphrey Eldridge's Petition, praying for Pardon and remission of Punishment, reported that the following be adopted by Council as their Resolution on the subject of the said Petition, which after consideration was adopted by Council and Ordered, That the Secretary enter it on the Journals.

"IN COUNCIL February 2a, 1804.

Present, His Excellency Isaac Tichenor Governor, His Honor Paul Brigham L Governor, Councillors The Hon Jonas Galusha, John White, Eliakim Spooner, Elias Keyes, James Witherell, Ebenezer Wheelock, Noah Chittenden, Nathaniel Niles, Beriah Loomis, Samuel Sheperdson & Asaph Fletcher Esquires.

The Council took under Consideration the Petition of Humphrey Eldridge of Pownal, who states, That at a County Court holden at Bennington, within and for said County, on the Third Monday of December 1803, he was convicted on an information filed against him by the State's Attorney of Bennington County for aiding and assisting one William Boys, then confined in the Goal of said County at Bennington, in breaking said Goal, whereby the said William made his escape: and by the Judgment of said Court on such conviction was sentenced to Imprisonment six Callender Months in the Goal of said County, and to pay a fiue of Twenty five Dollars and Cost of prosecution taxed at Twenty four Dollars and Twenty four Cents and stand committed until Judgment shall be complied with; and that he is now imprisoned in the Goal at Bennington, under the sentence of said Court, That from his inability to discharge the fine and cost imposed upon him, and for other reasons stated in his Petition, He humbly prays the Governor and Council to grant him a Pardon of his Sentence of Imprisonment, and to remit to him the Fine and cost inflicted as aforesaid-Whereupon, after a full hearing, The Council do order and adjudge, That the said Humphrey Eldridge be and hereby is pardoned and released from the sentence of said Court, so far as respects the remainder of the Imprisonment, for Six Callender Months, not yet by him suffered and complyed with-And the Sheriff of our County of Bennington, and all others, will take notice hereof and Govern themselves accordingly."

On Motion, Resolved, That the Council do rescind from their proposed Amendment on the 1st of Febry on the Resolution of the House of the same day proposing that the Council should meet the House in the Representatives' Room on Monday next, for the purpose of adjourning the Two Houses of the Legislature without Day, and that they do concur therein.

A Bill, passed in the House of Representatives, Entitled "An Act in addition to and in Explanation of an Act Entitled an Act constituting the Supreme Court, &c.'" was sent up to Council for their revision &c. which was read, and on Motion, Resolved, That it be referred to Mess. Loomis and Galusha.

Also, A Bill, Entitled "An Act to Incorporate a Third Medical Society in the State of Vermont," which was read, and Resolved, That it be committed to Mr. Witherell.

Adjourned to 2 O'clock P. M.

2 OCLOCK P. M.

The Petition of John McNeil was again sent up from the House of Representatives with this order minuted thereon:

"Feby 2nd, 1804. The Committee reported hereon against the prayer thereof, was read and recomitted to former Committee to join &c. A. HASWELL Clerk."

Att.

On Motion, Resolved, That the Council do join in the above reference. Two Bills passed in the House of Representatives, one Entitled "An Act remitting a Sum of money to the Town of Tinmouth," the other "An Act remitting a sum of Money to the Town of Benson," were sent up to Council for revision, Concurrence or proposals of Amendment, which was read, and on Motion Resolved, That the Council concur in passing the aforesaid Bills.

The Committee on the Bill Entitled "An Act Establishing a Third Medical Society in the State of Vermont &c." reported that the Title be altered so as to read "An Act to incorporate a Third Medical Society in the State of Vermont;" and that the words "and parts adjacent," in the fourth and fifth lines of the first Section be erased, and the following Section be added-" Section 5th. And it is hereby further enacted, That the said Third Medical Society shall have a common seal, and have a right to hold and possess, by purchase or otherwise, property to the Amount of Two Thousand Dollars, and their first Meeting shall be holdeu at the Court House in St. Albans in the County of Franklin, on the Second Monday of May next,"-which report was accepted, and it was Resolved, That the said bill be concurred in, with the Amendments proposed by the Committee as above, and Ordered, That Mr. Witherell inform the House of the Reasons of the Amendments.

A Bill, passed in the House of Representatives, Entitled "An Act remitting a sum of Money to the Town of Weathersfield," was sent up for Revision &c. and being read and considered, it was Resolved, That the Council concur in passing the said Bill.

The Committee to whom was referred the Bill Entitled "An Act against disturbing the remains of the Dead," reported that it ought to pass, and it was Resolved, That the said Bill do pass, and Ordered, That it be engrossed and sent to the House of Representatives for their Revision, Concurrence or proposals of Amendment.

The following resolution was read by His Excellency the Governor: 66 IN COUNCIL Feby. 2d. 1804.

Whereas the Governor, by and with the advice of Council, has ordered that a Third Brigade be formed from the second Brigade of the Militia of the Third Division comprehending The Towns of Milton, Westford and Underhill in the County of Chittenden, and the County of Franklin excepting the Towns of Alburgh, North Hero and the Isle of Motte, to be known and distinguished by the name of the] Third Brigade in the Third Division-Resolved, The House of Representatives concurring therein, that the Two Houses meet in joint Committee tomorrow morning at Ten o'clock in the House of Representatives for the purpose of Electing a Brigadier General of the said Third Brigade-and after consideration, Resolved, That it be a resolution of the Council, and Ordered, That the Secretary communicate the same to the House.

A Bill, passed in the House of Representatives, Entitled "An Act in addition to an Act laying a Tax of four Cents per acre on the Town of Jamaica,' was sent up to Council for revision &c. which was read, and on Motion, Resolved, That it be referred to Mr. Sheperdson. Adjourned to 9 O'clock Tomorrow morning.

FRIDAY February 3rd, 1804, 9 O'clock A. M.

The Council Met pursuant to adjournment.

The Committee on the Bill Entitled "An Act to compel the Managers of the Green Mountain Road Lottery to draw the same," reported the

following Amendment - After the word "Directed," in the Third line of the Act, erase the remainder of the act and insert the following in lieu thereof: "To proceed publickly to compleat the Drawing of said Lottery in good and legal form, agreeably to the scheme by them heretofore published, by the first day of May next; and that they give notice of the time when and the place where they will attend to compleat the Drawing of said Lottery in good and legal form, agreeably to the scheme by them heretofore published, by the first day of May next; and that they give notice of the time when and the place where they will attend to compleat the Drawing of said Lottery by publishing the same in the Vermont Gazette at least two weeks before the time appointed for such Drawing, and it shall be the duty of the said Managers to publish a true list of all the prizes allready Drawn, and of all those that shall hereafter bo drawn in said Lottery, and the Numbers to which they are respectively drawn, in the aforesaid Gazette, by the first Day of June next. And if the said Managers shall neglect to publish and draw the said Lottery in manner as is hereinbefore directed, they shall forfeit all the priviledges contained in the act granting said Lottery, and be further liable to pay to the purchasers of any Ticket in said Lottery the full price of said Ticket, with Interest from the Time of purchase.

"Section 2nd. And it is hereby fuyther enacted, That if any Person or Persons are indebted to the said Managers for any Ticket or Tickets by Note or otherwise, and the same remain unpaid for the Term of Thirty days from and after the publication of the prizes drawn in said Lottery as aforesaid, such Debtors shall be liable in an action brought to recover payment for such Tickets sold as aforesaid, to pay Cost as is by Law directed in other civil actions."

On the acceptance of which report the Yeas and Nays, being required by Mr. Niles, were as follows: Yeas 8- Gov. Brigham, Mess. Galusha, White, Spooner, Witherell, Wheelock, Chittenden & Loomis. Nays 3Mess. Niles. Sheperdson and Fletcher. So the report was acceptedand Those who voted in the Negative entered the following Protest against adopting the said Report, viz.

We, the undersigned Members of Council, find ourselves compelled to enter on the journals of the Council our solemn dissent from the vote of Council adopting the foregoing paragraph as an amendment to the Bill now under consideration, for the following reasons—

1st. Because this Amendment, should it be passed into a Law, would virtually reward the managers for having contravened one palpable object of the Legislature, implied in the Law under which, alone, they, the said Directors, could execute and vend Tickets; namely, that their Tickets should not be sold on credit.

2ndly. Because, should it pass into a Law, this amendment may operate in violation of Contracts, since a legal exemption from Costs may have been one part of the consideration on which such contracts were made. These reasons seem to be clearly explained and fully substantiated by the act to which reference is had in the Bill now amended, which enacts, "that no Defendant shall be liable to pay any cost in any action brought to recover pay for said Tickets, unless he appeals from the Judgment that may be rendered against him." Here the purchasers are assured, by a most solemn act of Government, that they shall not be exposed to pay any cost, and yet, should this bill pass iuto a Law, it directly exposes them to such Cost.

On Motion Resolved, That the Council concur in passing the aforesaid Bill with the Amendments proposed, and Ordered, That Mr. Galusha acquaint the House with the Reasons which governed Council in adopting those amendments.

On the passage of the last mentioned Bill into a law, Mess. Niles & Fletcher entered on the journals the following dissent, viz.

We, the undersigned members of Council, find ourselves Compelled to enter our solemn dissent from the Vote of the Council enacting the foregoing Bill into a law of this State, for the following reasons, in addition to those for which we dissented from the Vote adopting the Amendment thereto 1st. Because the Bill imposes new and additional duties on the Managers, after they have taken on themselves the Management of the Lottery, under the provisions, duties, restrictions and immunities by law solemnly established. 2ndly. Because, if any wrong has taken place in the management of the Lottery, which this Bill respects, the judicial Department is, and alone is, competent to afford a constitutional redress. (Signed) NATH NILES, ASAPH FLETCHER.

Tee Committee on the Bill Entitled "An act in addition to ‘an Act laying a Tax of four Cents pr acre on the Town of Jamaica,'" reported that it ought to pass, and it was Resolved, That the Couneil do concur in passing the said Bill into a Law.

A Bill Entitled "an Act giving to John McNeil and Charles McNeil equal priviledges in keeping ferries across Lake Champlain &c." was sent from the House with the following order thereon:

"In General Assembly Feby 2d 1804. Read and Referred to the Committee on the Petition of John McNeil to join. Att. A. HASWELL Clerk." Ön Motion Resolved, That the Council concur in the aforesaid Refer

ence.

A Bill, passed in the House of Representatives, Entitled "An Act restoring Joseph Ackley to his law," was sent up to Council for their revision, concurrence or proposals of amendment-which after being read, it was Resolved, That it be referred to Mess. Keyes, Loomis and Galusha. The Committee on the Bill Entitled "An Act in addition to an Act Entitled an Act in addition to an act Incorporating the Connecticut River Turnpike Company," reported that as the substance of the act has not been published according to Law, that it be dismissed, and on Motion it was Resolved, That the aforesaid Bill be dismissed.

A Message was sent up from the House informing the Council that they had concurred with Council in the Resolution to meet in joint Committee to make Choice of a Brigadier General of the Third Brigade and Third Division of the Militia. The Council proceeded to the Representatives' Room, and after transacting the Business of the joint Meeting returned to their Chamber and adjourned to 2 O'clock P. M.1

2 O'CLOCK P. M.

A bill, passed in the House of Representatives, Entitled "An Act to enable the Proprietors and Landowners in the town of Essex to divide their lands into severalty," was sent up to the Council for their Revision &c. which after being read, it was resolved, That it be referred to Mess. White and Niles.

Also, A Bill Entitled "An Act appointing a new Member of a Committee of a Land Tax on Mt. Holley," which was read and Resolved, That it be referred to Mr. Spooner.

Also, A Bill Entitled “An Act in addition to an Act Entitled, ‘An act

'Levi House was elected Brigadier General.

regulating Town meetings &c." which was likewise Read and on Motion Resolved, That it be referred to Mess. Sheperdson and Fletcher.

On Motion, Mr. Wheelock had leave to introduce a Bill Entitled "An Act in addition to an act Entitled 'An act to prevent unnecessary Lawsuits, and to regulate the Taxing of Cost in certain Cases therein men-tioned,' Passed Nov 8.th. 1798," which was read and on motion Resolved, That it be committed to Mess. Witherell & Chittenden.

A Bill, passed in the House of Representatives, Entitled "An Act directing the Treasurer to pay the Debenture of the Legislature of this State at their present Session," was sent up for revision &c. - after being read, it was on Motion Amended, by striking out the Interlineation between the fifth and sixth lines from the Bottom, viz. "bear an Interest of 6 pr. Ct. pr. anuum, and," passed to a second reading as amended, and Resolved, That the Council do concur in passing the Bill as amended, and Ordered, That Mr. White assign the reasons of such amandment to the House.1

A Bill, passed in the House of Representatives, Entitled "An Act altering the name of Bromley to that of Peru," was sent up to Council for revision &c. and being read, it was Resolved, That the Council do concur with the House in passing the aforesaid Bill.

The Committee appointed on the Bill Entitled "An Act in addition to an act Entitled 'An Act to prevent unnecessary Lawsuits &c.'" reported that it ought not to pass, and it was Resolved, That the said Bill be dismissed,

The Bill Entitled "An Act directing the Treasurer to pay the Debenture of the Legislature of this State at their present Session," was again sent up from the House by Mr. A. Marsh with the following resolution thereon:

Feby 3d. Read, and on Motion, Resolved, That the House do not concur with the Governor and Council, and that Mr. Marsh be requested to inform them of the Reasons of the House for their nonconcurrence. Attest A. HASWELL Clerk." And after verbally assigning the Reasons, he withdrew, and on Motion, it was Resolved, That the Council do rescind from their proposed amendment to this Bill, and that they concur in passing the same. Ordered, That the Secretary acquaint the House therewith.

A Bill, passed in the House of Representatives, Entitled "An Act to authorize the Supreme Court to empower Guardians to sell the Real Estate of their wards," was sent up to Council for their Revision, Concurrence or proposals of Amendment, which was read, and on Motion, Resolved, That it be referred to Mess. Witherell and Galusha.

The Committee on the Bill Entitled "An Act appointing a new Member of a Committee of a Land Tax on M Holly," reported that it ought to pass, and on Motion it was Resolved, That the Council concur in passing the said Bill.

Adjourned to 9 O'clock Tomorrow morning.

SATURDAY February 4th. 1804, 9 O'clock A. M. The Council met pursuant to adjournment. The Committee on the Bill Entitled an act in addition to and in explanation of an act entitled 'An Act constituting the Supreme Courts

'The bill provided for paying the debentures, amounting to $4958.70, in certificates of the State Treasurer, which were made receivable for taxes.-See Laws of Vermont, Feb. session 1804, pp. 37 and 95.