Adjourned to 2 Oclock in the afternoon. Met according to adjournment and again Adjourned untill Monday next 10 Oclock forenoon. MONDAY October the 13 Day A. D. 1794. Council met according to adjournment. Present His Excellency Thomas Chittenden Esq'r Governor, His Honor Jonathan Hunt Esq Licuft Governor, And the following members of the Hon'ble Council Viz. Samuel Safford, John Strong, Ebenezer Walbridge, Luke Knoulton, Ebenezer Marvin, Paul Brigham, Jonas Galusha, John White. Joseph Fay Secy. John Fay Dry Sec Jonathan Bell Sheriff. A Bill from the House appointin a Committee of one member from each County to Join such Committee as the Council shall appoint to receive all Petitions praying for Lotteries,-State facts and make Report, Members Chosen Mess' J. Robinson, Bigelow, Lyon, Gallup, Thompson, Arnold and Hatheway. Resolved that Gen. Strong Join said Committee for the purpose therein said Bill mentioned. The Petition of the Inhabitants of the Town of Dummerston praying for a Lottery for the Purpose of Building a Bridge over West River in said Town was Read and a Committee from the House appointed thereon to Join a Committee from Council-Resolved that Mr. Strong Join said Committee. The Petition of the Church & Society of Brandon praying for a Lottery for the Purpose of Building a Meeting House for the Public Worship of God in said Town was Read and a Committee of the House appointed thereon to Join a Committee of Council-Resolved that Mr. Strong Join said Committee. The Council receiving a Messuage from the House requesting them to Join in Grand Committee for the Purpose of Nominating a Senator to Congress-Resolved that this Council proceed to the House accord ingly. IN GRAND COMMITTEE. Roswell Hopkins Esq. appointed Clerk. Resolved that this Day afternoon be assigned for the nominations of County Officers. Resolved that tomorrow morning be assigned at the Opening of the House for the nomination of a Senator to Congress. Grand Committee adjourned till to morrow 10 Oclock forenoon. The Hon'ble Cornelius Lynde Esq' Chosen Councillor in stead of his certain complaints made by Mr. Hammond, the British Minister; together with sundry affidavits relating to the subject of those complaints. And, also, a letter from the Honorable Stephen R. Bradley, Esquire, one of the Senators of this state, in the Senate of the United States, inclosing an extract from the Journal of the Senate of the 7th of November, 1791; by which his seat in the Senate will become vacant on the 4th of March, 1795. Which were read. And, on motion, Ordered, That they lie on the table. In drawing for his class, Senator Bradley drew the term of four years. The proceedings of the special session of the Governor and Council, June 1794, were never recorded; but their resolutions, and orders of the Governor on military matters, were printed in the Vermont newspapers of that period. For these see Appendix F; and for complaints of British minister, &c. see Appendix E. Honor Jonathan Hunt Esqr Promoted.' The Honble Cornelius Lynde Esqr. Came forward [and] after being Duly Qualified took his seat in Council. The Petition of Sundry Inhabitants [of different towns in Windsor county] praying for a Lottery for the Purpose of making a Road from Chester to Rutland, was Read and refered by the House to the Lottery Committee. Resolved that it be refered to said Committee. The Petition of the Inhabitants of the Town of Salsbury, praying that their Jurisdictional Priviledges might extend to the Limits as Described in their Charter, was Read and by the House was refered to MessTS. Bridgman, J. Robinson, Spooner, Davis, & Harvey to Join a Committee from Council, State facts and make Report. Resolved that Mr. Brigham Join said Committee for that purpose. Adjourned to 2 Oclock afternoon. Met according to adjournment. The Hon'ble Thomas Porter Esqr arrived & took his seat in Council. Adjourned till 9 Oclock tomorrow morning. TUESDAY the 14 Day of Oct. A. D. 1794. Council Met according to adjournment. Present His Excellency Thomas Chittenden Esqr. Governor, His Honor Jonathan Hunt Esqr. Lieuft Governor, And the following Members of the Hon'ble Council Viz. Thomas Porter, Samuel Safford, John Strong, Ebenezer Walbridge, Luke Knoulton, Ebenezer Marvin, Paul Brigham, Jonas Galusha, John White, Cornelius Lynde. Joseph Fay Secu. John Fay Dr. Secy. Jonathan Bell Sheriff. The Ballots being taken for the person to be in nomination to Represent this State in the Congress [Senate] of the United States, when the Hon'ble Elijah Paine Esq was Duly nominated by a Majority of Votes and Declared accordingly. A Messuage from the House by Mr. Jacob, Requesting the Council to Join in Grand Committee for the purpose of nominating [completing the election of] a Senator to Congress. Return made that the Council was not then ready. Afterwards the Council proceeded to the House and Joined in Grand Committee-when the Hon'ble Elijah Paine Esqr was Declared to be Duly nominated [elected] to Represent this State in the Congress of the United States.2 Resolved that this Committee proceed upon the Business of the County Elections, and proceeded accordingly. Adjourned till 2 Oclock afternoon. Met according to adjournment, and proceeded to the House and Joined in Grand Committee according to adjournment and proceeded to Complete the Business of the County Elections. On motion, Nominated & appointed James Whitelaw Esqr Surveyor General for the year ensuing. Committee adjourned till 9 Oclock to Morrow Morning. A Bill from the House appointing a Committee of one member from each County to Join such a Committee as the Council shall appoint to receive and take under Consideration all Petitions praying for new 'Mr. Lynde was elected by the Grand Committee on the 11th. See Appendix C. Trials between party and party, state facts and make Report-Members Chosen Mess's Todd, Henry, Lee, E. Robinson, Linsley, Arnold & E. Sheldon; Resolved that Mr Strong Join said Committee for the Purposes in the said Bill mentioned, to State facts and make Report. The Petition of Sundry Inhabitants in Different Towns in Windsor County praying for a Lottery for the Purpose of making a Road from White River thro' Bridgewater was Read and by the House refered to the Lottery Committee. Resolved that it be refered to the Lottery Committee. The Petition of the Inhabitants of Wells Complaining that by reason of a Certain Mill Dam erected at the Lower end of Wells Pond by Elkanah Cobb and Simeon Francis great sickness and Deaths had Visited the Inhabitants of Wells and thereof [therefore] praying that the said Dam might be Demolished or some remedy to be Provided, was Read and Refered to Mess'rs E. Robinson, Harvey, Campbell, Wright, Hammond, Thompson & J. Spafford as a Committee to join a Committee from Council, State facts and make Report. Resolved that Mr. Marvin Join the said Committee to State facts and make Report. The Petition of Timothy Miles of Randolph setting forth that he had been a great sufferer in the Last War by the Depreciation of Paper Money and Captivity and that one James Blodgett in his behalf had given his note for the granting fees of a Right or Share of Land in said Randolph which had been put in suit and a Recovery thereon had and thereof praying to be releived by a Discharge of said Blodgett from said Recovery-was read and Messrs. Selden, Bigelow, Lee, Stephens [Elias Stevens,] Hide, Harvey and Brownson, appointed a Committee to Join a Committee of Council to State facts &c. and make Report. Resolved that Mr. White Join the said Committee to State facts &c. and make Report. The Petition of William Evens [Evans,] praying to be favoured and releived from a Recovery had and Obtained against him on a note of hand given for granting fees of a Right in Randolph he having suffered greatly by Indians &c. in the Last War [was] Read and by the House refered to the Committee [on the petition] of Timothy Miles. Resolved that it be refer'ed to the Committee appointed on the Petition of Timothy Miles. The Petition of Joseph Baker praying that an Award before Samuel Lane and John White Esquires in favour of Jacob Davis made against him and affirmed and accepted by the County Court of the County of Orange, might be set aside and he the said Joseph restored to his Law for Cause that Two of the Persons of the three appointed to the Reference had undertaken on the Refusal of the third to make up the award and in that undue respect was had to evidence [which ought] not to have been admitted-Read and by the House refered to the Committee on all Petitions praying for new trials between party and party. Resolved that it be so refer'ed. The Petition of Lemuel White praying for a new trial of a Cause recovered against him by John Lovel for that new evidence had since been Discovered to Vary the Determination of the Cause. Read and by the House referred to the Committee appointed to receive all Petitions praying for new Trials between party and party. Resolved that it be referred accordingly. The Petition of Zadoc Steel of Randolph setting forth that he had been a great sufferer in the Last War By reason whereof he had been unable & prevented the taking up of a Čertain note which one James Steel had given in his behalf for the granting fee of a Right of Land in said Randolph, which note had been sued and a Recovery had thereon, praying to be releived of the same. Read and by the House Referred to the Committee appointed on the Petition [of] Timothy Miles. Resolved that Mr. White Join the above Committee. The Petition of the Inhabitants of Alburgh praying for new Trials of two Ejectment Causes recovered against them by Ira Allen Esq and John Knickerbacor Esq; in behalf of the Proprietors of Alburgh. Read and by the House referred to the Committee appointed to Receive and take under Consideration all Petitions between party and party. Resolved that Mr. Strong Join said Committee. The Petition of Sundry Towns praying for a Lottery for the purpose of making a Road from Basset's Meeting House in Chester to Rutland. Read and by the House referred to the Lottery Committee. Resolved that Mr Safford in Lieu of Mr. Strong Join the above Committee. The Petition of Ahimaaz Sherwin a Prisoner in the Common Goal in Woodstock, praying to be releived and released from a Certain fine of fifty pounds inflicted on him by the Supreme Court on his Conviction of having assisted Elihu Mather to make his escape from the Goal in said Woodstock. Read & Resolved that the fine be remitted and that the said Ahimaaz be released of the same. Council Adjourned till 9 O'clock to Morrow Morning. RUTLAND Oct. the 15 Day A. D. 1794. Council Met according to adjournment. Present His Excellency Thomas Chittenden Esq' Gov. His Honor Jonathan Hunt Esqr. Lieuft Gov. And the following Members of the Hon'ble Council Viz. Thomas Porter, Samuel Safford, John Strong, Ebenezer Walbridge, Luke Knoulton, Ebenezer Marvin, Paul Brigham, Jonas Galusha, John White, & Cornelius Lynde. Joseph Fay Sec. John Fay Dr· Sec"· Jonathan Bell Sheriff. Council proceeded to the House and Joined in Grand Committee according to adjournment and made Choice of Lott Hall Esqr Assistant Judge of the Supreme Court. Grand Committee Dissolved. ROSWELL HOPKINS Clerk. The Petition of Samuel Sheldon of Hungerford alias Sheldon setting forth that he had built a Gristmill and Sawmill on Black Creek in said Sheldon and that the Dam had flowed more Ground than was expected By reason whereof he was threatened with several prosecutions and thereof praying to be releived by the appointment of the Judges of the Supreme Court or their Successors in Office to assess the Damages Done. Read & Referred to Mess's P. Wright, Silas Akin, Morey, and Spooner to Join a Committee of Council. Resolved that Mr. Lynde join the above Committee. The Petition of the Inhabitants of Castleton & adjacent Towns for the removal of a Dam in said Castleton which proved injurious to the Healths of the Inhabitants. Read and by the House referred to Mess's P. Wright, Silas Akin, Morey, & Spooner to join a Committee from Council, State facts and make Report. Resolved that Mr Lynde Join the said Committee. The Petition of Elisha Baker and others praying the establishment of the Jurisdictional Line between Sudbury and Whiting. Read and by the House referred to the Committee appointed on the Petition of Salsbury and Leicester. Resolved that Mr Brigham join the above Com mittee. The Petition of Francis Culver, Zadoc Remington and others praying to be secured against further prosecutions at Law by Josiah Brush of Castleton by reason of the Petitioners Mill Dam in said Castletɔn over flowing his Land and that Commissioners might be appointed to assess the Damages Done by the overflowing of said Dam. Read and by the House referred to Mess's P. Wright, Silas Akins, Gen. Morey, & Mг. Spooner to Join a Committee of Council, State facts and make Report. Resolved that Mr. Lynde Join the said Committee. The Petition of the Inhabitants of the Town of Stockbridge praying for a Lottery for the Purpose of Building a Bridge over White River. Read and by the House referred to the Lottery Committee. Resolved that Mr Safford Join the above Committee. Resolved that Mr Strong be released from the Lottery Committee agreable to his request and that Mr. Safford be appointed in his stead. A Bill from the House (as follows) that the tenth Article in the arrangement of the Business of the Present Session Viz. that some effectual measures be taken to Direct the selectmen to take actual Possession of the Glebe and Propagation Rights in the several Towns in this State, be referred to a Committee consisting of one member from each County to join such a Committee as the Council shall appoint. Members Chosen Mess's Bradley, Whitney, Williams, Gallup, Linsley, W. Chamberlin [Wm. Chamberlain,] & Coit. Resolved that Mr. Galusha Join the said Committee. A Bill from the House that the sixth Article in the arangement of the Business of the present Session Viz. that some amendments & alterations be made to the act regulating the Militia & that effectual measures be taken to arm & Equip the same, be referred to a Committee Consisting of one member from each County to Join such Committee as the Council shall appoint. Members Chosen Messrs. J. Wright, Campbell, A. Spafford, E. Robinson, Marshal Smith, W. Chamberlin, & J. Spafford. Resolved that Mr. Brigham Join the said Committee. The Petition of Timothy Wood of Townshend in the County of Windham praying for a new Trial of a Cause which Joseph Tyler Esq'r has recovered agrinst him for cutting and felling his apple Trees, Stating that new evidence had since the Recovery been Discovered. Read & by the House referred to the Committee appointed to Receive & take under Consideration all Petitions praying for new Trials between Party & Party, State facts and make report. Resolved that Mr. Strong Join the said Committee. The Petition of Johu Hills of Charlotte praying for a new Trial of a Cause which John Frazer had recovered against him Stating that he had been Defaulted without any Opportunity of making Defence. Read and by the House Referred to the Committee appointed to receive & take under Consideration all Petitions praying for new Trials between Party & Party. Resolved that Mr Strong Join the above said Committee. The Petition of Seth Putuar [Putnam] & Others praying for a Lottery for the Purpose of Building Two Bridges acrost Onion River near the Hogg-Back Mountain in Middlesex & Waterbury in the County of Chittenden. Read & Referred [by the House] to the Lottery Committee to State facts & make Report. Resolved that Mr. Safford Join the said Committee. Adjourned to 2 Oclock in the afternoon. Met according to adjournment. A Bill from the House requesting a Copy of Mr Elijah Paine's Letter to his Excellency Resigning his Office as Judge of the Supreme Court & accepting that of Senator.-Resolved that a Copy be sent. [Adjourned until to morrow morning.] 'The letter had been read in Grand Committee, preceding the election of Judge Hall, which had been recorded in the journal of the Council. |