mittee from the Council to take under consideration all petitions for Lotteries and make report. Resolved that Mr. Walbridge join said Committee.

Resolved that the Council proceed to Elect a Secretary of Council. The Ballots being taken Joseph Fay was declared to be duly Elected & sworn accordingly.

Adjourned to 9 °Clock P. [A.] M. Monday next.

MONDAY 15 October 1792. Met according to adjournment. Present His Excellency Governor Chittenden, his honor Lt Governor Olcott, and the following Members of the Honble. Council vizt. John Fassett Thomas Porter Samuel Safford John Strong Eben Walbridge Luke Knoulton Jonathan Arnold Eben Marvin Paul Brigham. J. Fay Secy. Jona Bell Sherriff.

The Governor & Council proceeded to the House of Assembly for the purpose of Communicating several Letters & papers which his Excellency had rec'd in the recess of Assembly, which was accordingly done and the papers Lodged with the Clerk.

1 From the printed Assembly Journal, Oct. 15 1792:

The Governor and Council appeared in the House-when his Excellency made the following communications, viz.

1st. A letter from Joseph Fay, Esq. to the honorable Moses Robinson, Esq. at Philadelphia, dated 7th January, 1792.

2d. A letter from the Hon. Moses Robinson, Esq. to his Excellency the Governor, dated at Philadelphia, 29th Feb. 1792.

3d. Another letter from Hon. Moses Robinson, Esq. to his Excellency the Governor, dated 5th July, 1792.

4th. Copy of instructions from his Excellency the Governor, to Mr. Stanton, directing him to proceed to Alburgh, and make enquiry relative to Enos Wood, Deputy-Sheriff for the county of Chittenden, being taken by a British guard, and conveyed to St. John's, [Canada.]

5th. A copy of a letter from his Excellency Governor Chittenden, to his Excellency Alured Clarke, Governor of the Province of Quebec, requesting an explanation of the conduct of the aforesaid British guard. 6th. Directions to Levi Allen, Esq. to proceed to Quebec, with the above mentioned letter.

7th. A letter from his Excellency Edward Telfair, Governor of the State of Georgia, including a resolution of said State, in which they had instructed their Members in the Senate of the United States, to use their influence that the doors of the Senate be open, while acting in their legislative capacity, except when the interest of government might require them to be shut.*

Sth. A copy of a letter from his Excellency the Governor, to the President of the United States, informing him of the conduct of the British guard aforesaid.

9th. A letter from his Excellency Governor Clarke, to his Excellency Governor Chittenden, in answer to the letter above cited.

10th. A copy of another letter from his Excellency Governor Chittenden, to the President of the United States, enclosing a copy of Governor Clarke's letter.

11th. Two letters from the Hon. Thomas Jefferson, Esq. Secretary of the United States, dated the 9th and 12th July, 1792, in which were sun

*A rule to this effect was proposed Jan. 3 1793, and defeated Feb. 4, 18 to 10. The Senate did not sit in open session until Feb. 20 1794.

A bill from the House appointing Messrs. Shumway, I. Smith & Olin a Committee to take under consideration the 12th & 13th articles in the report of the Committee in their report of arrangement [of business] vizt. "That the justices' act be revised, and that the act for the prevention and punishment of frauds & perjuries be revised," to join a Committee from the Council and make report. Resolved that Messrs. Knoulton & Walbridge join said Committee. Adjourned to 9 °Clock Tomorrow.

TUESDAY 16 October 1792.

Met according to adjournment. Present His Excellency Gov. Chittenden, his honor Lt. Gov Olcott, and the following Members of the Honble. Council vizt. John Fassett Thomas Porter Samuel Safford John Strong Ebenezer Walbridge Luke Knoulton Jonathan Arnold Ebenezer Marvin Paul Brigham. Joseph Fay Sec. Jonathan Bell Sh'ff.

A bill from the House was rec'd appointing Messrs. Farrand, I. Smith and E. Sheldon a Committee to join a Committee from the Council to take under consideration the several Letters communicated by His Excellency the Gov to the Council & Assembly-Resolved that Mr. Strong join sd Committee.-[See Appendix E.]

A petition Signed David Stanton in behalf of himself & the Inhabitents of Alburgh, praying to be Exempt from Taxes the year ensuing, on acct of their Crops being distroyed by a hail Storm-having been read in General Assembly, & Messrs. Farrand, I. Smith, & E. Sheldon appd. a Committee to join a Committee of Council.-Resolved that Mess Marvin and Strong join said Committee.

The Governor and Council proceeded to the House of Assembly at the request of the Board of Trust for the University of Vermont, and after communicating to them a dispute between the Board & General Ira Allen relative to three Thousands pounds value in Land Subscribed by said Allen, and having confered some time on the business, the House proposed to join the Governor and Council in Grand Committee which was agreed to for the purpose of taking the sense of the Legislature relative to the donation of General Ira Allen, and also for the purpose of Electing County officers, His Excellency the Governor in the

dry papers enclosed, relative to the disturbances occasioned by the abovementioned British guard.

12th. Sundry affidavits relative to the above communication.

13th. A letter from William Eaton, Esq. late Clerk of the Assembly, relative to the report of a Committee appointed on the subject of opening a water communication between Lake-Champlain and NorthRiver, and for rendering Connecticut-River navigable.

The above communications being read, were all referred to Messrs. Farrand, I. Smith, and E. Shelden [Elisha Sheldon,] to join such Committee as the Council shall appoint, to state facts and make reportexcept the letter, and resolution accompanying it, from his Excellency Edward Telfair, Esquire; as also the letter from William Eaton, Esquire, upon which no order was taken.

Mr. Strong was joined from the Council.

For documents named in numbers 4, 5, 6, 8, 9, 10, and 11, see Appendix E; and for papers on the subjects named in number 13, see Appendix D.

Chair, Joseph Fay Clerk, after which the Committee proceeded on the business aforesaid which are entered at Large in the journals of the House.1 The Committee having adjourned until Tomorrow Morning 9 Clock the Governor & Council returned to the Council Room & not having any business from the House adjourned to 9 °Clock Tomorrow Morning.

WEDNESDAY 17th [October] 1792. Met according to adjournment. Present His Excellency Governor Chittenden, His honor Lt. Governor Olcott, and the following Members of the Honble. Council vizt. John Fassett Thomas Porter Samuel Safford John Strong Ebenezer Walbridge Luke Knoulton Jonathan Arnold Ebenezer Marvin Paul Brigham. Joseph Fay Sec. Jonathan Bell Sheriff.

A bill from the House was rec'd appointing a Committee to join a Committee of Council to report an act to Enable Credittors to recover debts from absconding Debtors, and report the necessary alterations to be made in the act directing the Levying and Serving executions. Resolved that his honor Lt Governor Olcott join said Committee.

A bill from the House was rec'd appointing a Committee to join a Committee of Council for the purpose of revising the Law for appointing an Attorney General, and regulating his office and duty, and to make a report of the necessary alterations in the act for the settlement of Testate & intestate Estates.-Resolved that Mr. Strong and Mr Knoulton join said Committee.

A Bill from the House was rec'd appointing a Committee from Each County to join a Committee of Council for the purpose of reporting an act for regulating & Encourageing useful Manufactories within this State, and an act laying a duty on writs and Civil processes, for the use of Schools. Resolved that Mr. Safford join said Committee.

A Bill from the House was rec'd appointing a Committee to join a Committee of Council, to make an addition & amendment to the act regulating Civil processes & proceeding in civil causes. Resolved that Mr. Safford join said Committee.

The petition of Charles Goodrich & Joseph Durkee in behalf of themselves and the proprietors of Stockbridge & Pittsfield, praying for Compensation on acct of said Townships not containing the full quantity of Land, having been read in General Assembly, & Messrs. Denison, Edson, Train, Nicholds & Emmons appointed a Committee to join a Committee of Council-Resolved that Mr Porter join said Committee to take said petition under consideration & report thereon.

A petition signed by Solomon Norton, and Seth Crow of Poultney, praying for Compensation for the loss of thirty-six acres of Land which has fallen into the State of New york by the late settlement of the boundary line between the Two States, having been read in General Assembly & Messrs. Hunt. Shumway & E. Robinson appointed to join a Committee of Council-Resolved that Mr. Fassett join said Committee. A petition signed by Benjamin Reynolds praying for an allowance on acct of his Estate being confiscated for Enimical conduct against the United States, having been read in General Assembly and Messrs. Shumway, Hunt, & E. Robinson appointed to join a Committee of Council, Resolved that Mr. Fassett join said Committee.

'For proceedings on the disagreement of Allen and the Trustees of the University, see printed Assembly Journal of 1792, pp. 19, 20, 58.

A petition signed Asa Smith praying for compensation for losses sustained on acct of his loss of Lands purchased in Clarindon of Colo Claghorn Commissioner, having been read in General Assembly, & Messrs. Campbel, Fletcher and Sanders appointed a Committee to join a Committee of Council-Resolved that Mr Arnold join said Committee. Adjourned to 9 °Clock Tomorrow.

THURSDAY 18th October 1792.

Met according to Adjournment. Present His Excellency Governor Chittenden, His honor Lt Governor Olcott, and the following members of the Honble. Council vizt. John Fassett Thomas Porter Samuel Safford John Strong Ebenezer Walbridge Luke Knoulton Jonathan Arnold Ebenezer Marvin Paul Brigham. Joseph Fay Secy. Jonathan Bell Sheriff.

The Governor & Council having attended in Grand Committee yesterday, the Honble Samuel Knight Esquire was duly Elected chief judge of the Supreme Court, and the Honble Elijah Payne [Paine] & Isaac Tichenor Esquires were duly Elected side judges. Having adjourned until this morning, the Committee met and took under consideration the petitions of Messrs. Haswell & Rogers praying for Loan of Money on acct. of their having unfortunately their printing office & distillery consumed by fire; after taking a Resolution not to Loan Money for private use the Committee Adjourned until 9 Clock Tuesday next.

The Honble Samuel Mattocks Esquire, Treasurer, appeared before the Governor & Council & was duly qualified to serve in that office by taking the necessary Oaths required by Constitution; The said Treasurer also as principle [principal.] and the Honble John Strong and Nathaniel Chipman Esquires as sureties, was recognized in due form of Law in the sum of Ten thousand pounds Lawful Money to the Secretary of State for the faithful performence of his duty in his said office of Treasurer. £10,000. Attest, JOSEPH FAY Secy.

A petition signed William Gallup, praying to have one thousand Dollars paid to him, in consequence of that sum being put into Loan office in the year 1778, on condition of being paid in Land in Hartland belonging to White Head Hicks &c. having been read in General Assembly, was Committed to Messrs. Lyon, Painter & Harvey to join a Committee of Council; Resolved that his honor Governor Olcott join said Committee.

A petition from fifty-one petitioners of the Episcopal Church, praying that the Glebe Lands in the several Towns may be put into the hands of a Committee of the Church, having been read in General Assembly & Committed to join a Committee of Council, Resolved that Messrs, Safford and Marvin join said Committee.1 Adjourned to 9 °Clock Tomorrow.

FRIDAY 19th. October 1792.

Met according to Adjournment. Present His Excellency Governor Chittenden, His honor Lt. Governor Olcott, and the following members of the Honble. Council, vizt Timothy Brownson John Fassett Thomas Porter Samuel Safford John Strong Ebenezer Walbridge Luke Knoulton Jonathan Arnold Ebenezer Marvin, Paul Brigham. Joseph Fay Secy. Jonathan Bell Sherriff.

For a history of this matter, see The Documentary History of the Protestant Episcopal Church in Vermont, by C. R. Batchelder, 1870.

A Messuage from the House was rec'd by Doct. Campbel, requesting the Governor & Council to join in Grand Committee on the Subject of a Bancrupt Act. The Governor & Council having joined the House in Grand Committee on the Subject of passing a Bancrupt Act, which terminated by a Resolution that this State have no right to make [such an] Act.

A bill from the House was rec'd appointing Messrs. [Calvin] Knoulton, Greene, [Lemuel] Chipman, Woodbridge, Denison and Hall, to be a Committee to join a Committee from the Council, to revise the act Eutituled an act regulating Gaols and Gaolers; Resolved that Messrs. Marvin & Knoulton join said Committee.

A petition signed Daniel Marsh praying for the repeal of a certain act passed in the year 1785 nullifying a certain judgment of Court by which he has lost his farm in Clarindon, said petition being referred to this Session of Assembly, and Messrs. Bigelow, Lynde, & Dana appointed a Committee to join a Committee of Council, Resolved that Mr. Strong join said Committee.

An act for raising £160 by Lottery for compleating the Court House in Rutland was rec'd and ordered to lie on the Table until Tomorrow.

A petition signed Joseph Baker praying for relief on acct of a dispute subsisting between him & Colo Jacob Davis, wherein said Davis has recovered a Judgment [for] £1155. 14. 6, said petition having been read in General Assembly and Committed to Messrs. Olin, Bigelow, Fletcher, Sanders, & Williams, to join a Committee of Council, whereupon resolved that Messrs. Walbridge and Fassett join said Committee.

A petition signed Jacob Sheldon praying for Compensation for his losses on acct of Land Bought of the State in Reuport, having been read in General Assembly & Committed to Messrs. Field, Train, and Hubbard to join a Committee of Council, whereupon Resolved that Mr. Brownson join said Committee.

The petition of Charles Goodrich praying compensation for the deficiency of Lands in the Townships of Pittsfield & Handcock, having been read in General Assembly & a Committee appointed to join a Committee of Council, which Committee have reported that the prayer thereof ought not to be Granted, whereupon a Second Committee was appointed to join a Committee of Council to take said petition under further consideration, state facts and report-Resolved that Mr Porter join said Committee.

An act restoring Benjamin Purdy Jur to the priviledge of Law, in a Cause depending Between said Purdy and David Lee, having passed the General Assembly was read and Concurred.

The Honble. Major General Samuel Safford made a formal Resignation of the office of Major General of the 24 Division of the Militia of this State, which was accordingly accepted by the Captain General, who by the advice of Council will notify the same to the General Assembly & request the vacancy to be filled according to Constitution.

Honble. John Fassett Esquire requested leave of absence until Tuesday next, which was accordingly Granted.

On the representation of General Samuel Safford, and General John Strong, who were appointed a Committee to receive the Granting fees of the Township of Brownington, it appears that there was three names omitted in the Charter of said Town, and that it appears that the omition [omission] was occasioned by the procurement of Timothy Brown, Esquire agent, for said proprietors, either thro' mistake or otherwiseAnd as the Charter is yet in the hands of the Secretary of CouncilTherefore Resolved that the said Timothy be notified that unless he shall appear before the Council within eight days and see the mistake