of adjourning the Two Houses of the Legislature without day," with this minuted thereon: Feby 1st 1804, "Read, the preamble dismissed, ' and the resolution passed into a resolution of the House.

Att.

A. HASWELL Clerk." Which was read, and Resolved, That the Council do concur in the aforesaid resolution with a proposed amendment-Insert Friday in lieu of "Monday" in the Fourth line of the resolution. Ordered, That Mr. Witherell assign the reasons to the House for such amendment.

A bill, passed in the house of Representatives, Entitled "An Act authorizing the Governor of this State to Issue a new Charter to Montpelier," was sent up to the Council for revision, concurrence, or proposals of amendment, and after being read and under consideration, it was Resolved, That the Council do concur in passing the aforesaid Bill. A Letter from His Excellency the Governor was read as follows: "WINDSOR Feby 1st, 1804.

66

Gentlemen of the Council.-From the Extensive limits assigned to the Second Brigade of the Third Division of our Militia, and the number of Regiments it contains, and for the purpose of order and convenienceI conceive it my duty, in pursuance of the powers vested in me, provided it shall meet with advice of Council, to order, That the Tract or Territory now comprehending the Second Brigade in the Third Division of our Militia shall be divided into Two Brigades in the following manner, viz.

The Said Second Brigade shall be formed from all the Militia of the Towns of Alburgh, North Hero, and the Isle of Motte in the County of Franklin, and of all the Towns in the County of Chittenden, excepting the Towns of Milton, Westford and Underhill-And That a Third Brigade in said Division shall be formed from all the Militia of the Towns of Milton, Westford and Underhill in the County of Chittenden, and of all the Militia included in the County of Franklin Excepting the Towns of Alburgh, North Hero and the Isle of Motte, and shall be known and distinguished as a Third Brigade in the Third Division of our Militia. (Signed) ISAAC TICHENOR."

Which Letter and communication, after being duly considered, It was on Motion, Resolved, That it is the advice of Council That his Excellency make the arrangements in the Militia agreeably to the manner prescribed in the foregoing Letter.

The Committee on the Bill Entitled "An Act appointing a new Collector of a Land Tax in Montgomery," reported that the same ought to pass, which report was accepted, and Resolved, That the Council concur in passing the aforesaid Bill.

The Governor and Council, agreeably with a resolution of both Houses, joined the House of Representatives in their Room, and after transacting the Business of their meeting, the Committee was dissolved, and the Governor and Council returned to their Chamber and resumed the consideration of Business.

A Bill, passed in the House of Representatives, Entitled "An Act to revive an Act laying a tax on Williston,'" was sent up for Revision &c. and after consideration it was Resolved, That the Council do concur in passing the said Bill.

"The preamble declared that the previous regular session had been uncommonly long, the important business of the adjourned session acted on, and that "economy and public opinion" called loudly for a short session.

The appointment of sundry justices of the peace.

The Committee on the Bill Entitled "An Act appointing a Committee to lay a County Road from Guildhall to Danville," reported that it ought to pass, and it was Resolved, That the Council concur in passing the same into a Law.

A Message was received from the House by Mr. Hay, viz.

"In General Assembly February 1st: 1804. The Amendment proposed by the Council to the resolution of adjournment was read and resolved, that the House do not concur in the Amendment proposed, and Mr. Hay requested to return the same and assign the Reasons. Attest A. HASWELL, Clerk." And after he had communicated to Council the Reasons of the House he withdrew.

The Petition of Humphrey Eldridge, praying for Pardon and Remission of Punishment, was read, and Resolved, That the said Petition be referred to Mess. Galusha and Shepherdson to report by Bill or otherwise.

Adjourned to 9 O'clock Tomorrow Morning.

THURSDAY, February 2nd. 1804, 9 O'clock A. M.

The Council met pursuant to adjournment.

The Committee on the Bill Entitled "An act Incorporating the Weathersfield Turnpike Company," reported the following amendments: After the word "enjoy," in the thirteenth line of the first Section, insert the following words, "For the Term of Thirty five Years;' after the word "Corporation," in the fourth line of the Third Page, insert the words "under oath;" Erase the whole of the provisionary clause in the Second Section; After the word "Cents," in the Thirteenth Line from the Top of the fifth Page, insert the following words, "For every Sleigh Drawn by one Horse Ten Cents, and for each additional Horse Two and an half Cents, for every sled drawn by Two Oxen Twelve and an half Cents, and for each additional Beast Three Cents; After the word "Concerns." in the Eleventh line of the Sixth Page and Third Section, erase to the second provisionary Clause in the same Section; after the word "That," in the first Line of the Second Provisionary clause on the Seventh Page, insert the words, "after said Gate shall have been erected;" after the word "direct," in the second line and eighth Page, erase to the end of the Section and Insert, “Said Gate to be removed to such other place on said Turnpike Road as the said Court shall designate, in and by such order, and if said Corporation shall presume to keep any Gate except at such place as the Court shall order as aforesaid, after Twenty days from the Time said Corporation shall be notified of such order, this Grant shall be forfeited;" In the Nineteenth Line of the Seventh Section erase the words "Five Dollars" and Insert five fold Tollage" in lieu thereof; Erase the word "December" in the Fifth Line of the Tenth Section and Insert the word "March;" Erase the whole of the Twelfth Section to the Provisionary Clause and Insert the following, "Section 12th. And it is hereby further enacted, that at the end of Thirty five Years from and after the passing this act, the said Corporation shall be dissolved, and the said Turnpike Road shall become the Property of the State, and be at their Disposal;" And erase the thirteenth Section-which report was accepted, & Resolved, That the Council do concur with the House in passing the aforesaid Bill, with the proposed amendments; and Ordered, That Gov. Brigham inform the House of the Reasons which governed Council in adopting the proposed amendments.

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 2d, 1804.

Present, His Excellency Isaac Tichenor Governor, His Houor 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 fine 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 holden 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: 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.