An act to Direct the County Court in the County of Rutland to enter the action John Partridge against Robert Knoulton anew &c. having passed the House, Read & Concurred. An Address from the House to the President of the United States requesting the Concurrence of the Gov & Council, Read & Resolved to Concur accordingly. Ꭵ A Draft for a Proclamation [for a day of thanksgiving] was read & approved of and Ordered to be printed &c. An Act Laying a Tax on Windham County, &c. having passed the House, Read and Concurred. Adjourned Untill 2 Oclock in the Afternoon. Met according to adjournment. Resolved that the second Wednesday of April next be Observed as a Day of Fasting & prayer throughout this State. Adjourned Untill 9 Oclock to Morrow Morning. FRIDAY Oct. the 28 Day A. D. 1796. Met according to adjournment. His Honor Judge Knoulton moved for Leave of Absence During the remainder of the Session, which was granted. A Petition from John Holbrook, Sam1 Dickinson, & Lemuel Whitney, praying for the exclusive privilidge of running a stage from Brattleborough to Hannover in the most Direct route as it passes thro' this State, Read and by the House referred to Messrs. Z. Curtis, Barron, & Josiah Arms, to join a Committee from Council &c. Resolved that [Lieut.] Gov Brigham Join said Committee. A Petition for a New Town to be made out of a part of Tinmouth, Danby, Pawlett, & Wells &c. being read and by the House referred to Messrs. Baker, Fisher, C. Smith, Perkins, Whitman, Crafts, & Jesse Arms to Join a Committee From Council, resolved that Judge Olin be appointed to Join said Committee. The Petition of the Proprietors of Salem by their Agent James Whitelaw, praying to be reimbursed for Monies paid into the Treasury for their grant, which Does not hold out Measure as bounded by their Charter, Read and by the House referred to Messrs. Barron, Peckham, Marsh, Flyn, Case, Henry and Bradley, to Join a Committee from Council, Resolved that Messrs. Robinson & Chamberlain be appointed to Join said Committee. Adjourned Untill 2 Oclock in the afternoon. Met according to adjournment. A Resolution from the House appointing a Committee to Join a Committee from Council to confer with the Surveyor General respecting some Unlocated Lands North of the Line of this State & adjoining the Province of Canada & that the same be granted to William Coit for one shilling per acre, which Tract is supposed to Contain 23.040 Acres, Members Chosen Messrs. Dewey, Spencer, Perry, Painter, Farrand, Sheldon, & Burt, Resolved that Judge Marvin and White be appointed to Join said Committee.2 1 See Appendix H. William Coit of Burlington represented to the General Assembly that he had examined the supposed north line of the State, and had conferred "with Mr. Collier [Collins,] then late deputy surveyor of the province of Canada, who made said line," and found the line verging so An act Directing the Clerk of Windsor County Court to enter a Certain action on the Docquet of said Court &c. having passed the House, Read and Concurred. An act granting a suspension of prosecution against Daniel King &c. having passed the House, read & Concurred. An act in addition to an act entitled an act to enable the Landowners of the Town of Fairlee &c. having passed the House, read and Concurred. An act to erect a part of Fairlee in the County of Orange into a separate Parish &c. having passed the House, Read and Concurred. The Proprietors of Pittsfield prayer for Compensation &c. being read & by the House referred to the Committee appointed on James White far south of the forty-fifth degree of north latitude as to embrace within Canada lands really belonging to Vermont, in quantity as above set forth. The committee heard Mr. Coit, and, after consulting Surveyor General Whitelaw, reported that they could not ascertain that there was any vacant land, as alleged in the resolution, and that it was "not eligible for the legislature at present to take any measures respecting the same"; whereupon the House ordered the resolution to be withdrawn. See printed Assembly Journal for 1796, pp. 113, 114, 133. By the treaty of Washington of 1842, on boundaries, the line run by "Collins and Valentine previous to 1774" was agreed upon as the boundary line, and commissioners were provided for to mark the line. The joint report of these commissioners, made April 20 1848, says: The line of Valentine and Collins was explored and found by the blazes still remaining in the original forest. Upon cutting into those blazes, it was seen, that, deep seated in the tree, there was a scar; the surface of the original blaze slightly decayed; and, upon counting the rings, (which indicate each year's growth of the tree,) it was found that the blazes dated back to 1772-3 and '4. The line of Valentine and Collins was run in 1771-2-3, and '4. The coincidence of the dates of the blazes with those of the above line, confirmed by the testimony of the people of the country, satisfied the undersigned that the line they had found was that mentioned in the treaty. Along this portion of the boundary, which is known as the 45th of Valentine and Collins, and which extends from Hall's stream, [north-east corner of Canaan,] to St. Regis, there are several interruptions to the blazes, in those parts where clearings have been made; and there the authentic marks of the precise situation of the old line have been lost. In those cases, the undersigned have drawn the boundary line straight from the original blazes on the one side of a clearing to the original blazes on the other side of the same clearing. It cannot be positively stated that the line, as it has been traced through those clearings, precisely coincides with the old line; but the undersigned believe that it does not differ materially from it; nor have they had the means of determining a nearer or a surer approximation. * The boundary along the west line, though very far from being a straight line, is generally about half a mile north of the true parallel of latitude 45°, from Hall's stream to Rouse's Point.-Executive Document No. 71, 30th Congress, 1st Session, pp. 71, 72. It thus appears that all the maps, which give the northern boundary of Vermont on or below the parallel of latitude 45°, are erroneous. law's Petition as agent for the proprietors of Salem, Resolved to Join accordingly. The Hon. Samuel Mattocks Esquire as Principal & the Hons Nathaniel Chipman and John Strong Esquires as sureties appeared in Council & Acknowledged themselves Jointly and severally holden to the Secretary of State in the penal sum of ten Thousand pounds to be Levied of their goods, Chattels or Estate; & for want thereof upon their Bodies, if Default of performance be made in the following Conditions Viz. that if the said Samuel Mattocks Esquire shall well & Truly execute the Office of a Treasurer within and for the State of Vermont for the year ensuing so that neither the Public or any Individual suffers thereby, then the above said Bond of Recognizance to be Void, otherwise to be in full force & Virtue. Attest, TRUMAN SQUIER, Secy Adjourned Untill 9 Oclock to Morrow Morning. SATURDAY Oct. the 29 Day A. D. 1796. Met according to adjournment. Judge Safford is appointed upon the Petition from the Islands praying to be made into a New County Instead of Judge Robinson. The act suspending all civil prosecutions against Edward Fullington being returned with the General Assembly's Nonconcurrence to the proposals of amendment made by the Council by Mr. Wright their Messenger to assign their reasons; after attending to the reasons assigned, Voted not to recede & that the Bill be sent back to the House by a Member to assign the reasons for the proposed amendment. Resolved that Mr. Jacob be appointed to return the s' act. Adjourned Untill 2 Oclock in the afternoon. Met according to adjournment. An act repealing an act entitled an act to annex part of the Township of Newhaven to the City of Vergennes &c. having passed the House, Read and Ordered to Lye. Adjourned Untill 9 Oclock Monday Morning next. Met according to adjournment. MONDAY Oct. the 31 Day A. D. 1796. The act repealing an act for annexing part of the Township of Newhaven to the City of Vergennes &c. being again [taken up,] read and Concurred with proposals of Amendment. An act Directing the Treasurer to Credit the Town of Hinsdale [Vernon] a Certain Sum &c. having passed the House, read & Concurred. An act Directing the Treasurer to pay the Selectmen of Dummerston £13: 2: 6 having passed the House, read & Concurred. An act to recover Damages in Cases where sheep are killed or wounded by Dogs &c. having passed the House, Read and Concurred. An act Dividing the Counties of Orange, Caledonia & Essex &c. into Probate Districts, &c. having passed the House, Read & Concurred with proposals of Amendment. A Bill brought in by Judge White for the purpose of forming the North hero, Isle la Mot, Alburgh & the Adjacent Islands into a probate District, Read and by the Council resolved that the same be sent to the General Assembly to be passed into a Law of this State. Adjourned Untill 9 Oclock to Morrow Morning. TUESDAY November the 1 Day A. D. 1796. Met according to adjournment. A Resolution from the House Appointing a Committee of five persons to Consist of the Judges of Probate if there be so many in the House to Join a Committee from Council to take under Consideration an act for the settlement of Testate and Intestate estates & Report amendments if they Judge Necessary. Members Chosen Messrs. Bridgman. Perry, Farrand, Sias, & Marsh, Resolved that Judge Robinson & Strong be appointed to Join said Committee. Adjourned Untill 2 Oclock in the Afternoon. Met according to adjournment. An act regulating the Disposition of monies raised by Tax on Lands in the several Towns &c. having passed the House, Read & Concurred with proposals of Amendment. An act appointing an Attorney General &c. having passed the House, Read and Concurred with proposals of Amendment. The above act regulating the Disposition of Monies raised by Tax on Lands &c. returned Concurred in by the House in all the amendments except the one to the fourth Section, Resolved to Recede from said proposal &c. Adjourned Untill 9 Oclock to Morrow Morning. WEDNESDAY Nov. the 2 Day A. D. 1796. Met according to adjournment. A Resolution from the House Appointing a Committee to Join a Committee from Council to take into Consideration the expediency of an adjourned Session of the Legislature & make report there on, Members Chosen Messrs. S. Wright, Campbel, Lyon, Gallup, Marsh, Edson, & Stanton, Resolved that [Lieut.] Gov. Brigham & Judge Olin be Appointed to Join said Committee. The Report of the Committee Upon the Petition of the proprietors of Salem and the Resolution of the General Assembly thereon being read, Resolved that the same be recommitted. An Act Constituting and establishing the Persons therein named as a Company of Artillery &c. having passed the House, Read and Concurred with proposals of Amendment. An Act empowering the Administrators of the Estate of Paul Davison Late of Hartland Deceased &c. having passed the House, Read and Concurred. The Committee appointed upon the Petition of the proprietors of Salem &c. having requested to be excused and others to be appointed in their stead, therefore Resolved that Judge Williams & White be appointed in their stead. Adjourned Untill 2 Oclock in the afternoon. Met according to adjournment. An Act Adopting the Constitution of this State as the supreme Law of the Land, [and describing those persons entitled to the privileges of law and justice,] having passed the House, Read and Concurred.' Adjourned Untill 9 Oclock Tommorrow Morning. 1 The acts of 1779, 1782, and 1787, adopted the constitution simply as a part of the laws of the State, but the above act conferred upon that instrument the higher dignity to which it was and is entitled, to wit, "as the supreme law of the State."-See printed Laws of Vermont, 1796, p. 3. THURSDAY Nov. the 3 Day A. D. 1796. Met according to adjournment. An act to raise a Tax on the County of Windsor &c. having passed the House, Read and Concurred. Adjourned Untill 2 Oclock in the Afternoon. Met according to adjournment. The resolution of the House informing the Govr & Council that they have Concurred in the proposed Amendment to the act entitled an act Directing the mode of Appointing an Attorney General & State's Attorneys &c. & their request to Join in Grand Committee at the Opening of the House This morning to elect an Attorney General &c. which being read & Considered, Resolved that the request is premature & that no Attorney General is to be elected by s'd act Untill next October Session of the Legislature. An act granting a New Trial to Abner Miles &c. having passed the House, Read and Concurred with proposals of Amendment. The act constituting and establishing the Persons therein named as a Company of Artillery &c. being returned from the House with their nonconcurrence to the proposal of amendment, [Resolved to rescind from the within proposal of amendment.]1 His Hon. Judge Strong moved for Leave of Absence During the remainder of the Session, which was Granted. Adjourned Untill 9 Oclock to Morrow Morning. RUTLAND Friday Nov. the 4 Day A. D. 1796. Met according to adjournment. A Resolution from the House requesting the Gov. & Council to Join in Grand Committee for the Purpose of Choosing Electors to Elect the President & Vice President of the United States, Read & Resolved to Join accordingly. A Resolution from the House Appointing a Committee consisting of three persons to Join such Committee as the Council shall appoint for the purpose of reporting a Bill to the House Directing the mode of Delivering up Fugitives who have been Guilty of Offences in the Province of Canada &c. & have fled into this State &c. Members Chosen Messrs. Farrand, Marsh, & Lyon, Resolved that Mr. Jacob be appointed to Join said Committee.2 The Gov & Council then proceeded to the House to Join in Grand Committee for the Purpose of Choosing Electors, &c. & when the Ballots of both Houses were Duly taken the following Gentlemen appeared to be elected by a majority of Votes Viz. Messrs. Elijah Dewey, Elisha Sheldon, John Bridgman, & Oliver Gallup. Adjourned Untill 2 Oclock in the Afternoon. Met according to adjournment. An act empowering the proprietors of Newhaven to Lay a Tax & Pitch their Undivided Lands &c. having passed the House, Read and Concurred with proposal of Amendment. An act for the releif of Gen' Roger Enos &c. having passed the House, Read & Concurred. An act granting a Tax of one penny on the pound on the County of Orange &c. having passed the House, read and Concurred with a proposal of Amendment. 1 Printed Assembly Journal, Nov. 4, 1796. See Appendix G. |