next. The ballots being taken and examined, The hon'ble Elijah Paine, Esquire, had a majority of all the votes.

Attest

NATHAN OSGOOD Clerk."

And it appearing that the hon'ble Elijah Paine Esq had a majority of all the votes, in both branches of the Legislature, he was declared duly elected a Senator to represent this State in the Congress of the United States, and to supply the seat in the Senate of the United States on the part of this State which will become vacant on the third day of March next-and John Chipman Esq. Sheriff of Addison County made public proclamation of the same, in the presence of both houses, by direction of his Excellency the Governor. The Governor and Council then returned to their Chamber, and adjourned untill 2 O'clock P. M. 2 O'CLOCK P. M.

66

A bill, passed in the house of Representatives, Entitled An act transferring the monies, papers &c. from the late to the present Treasurer," was sent up for revision and concurrence or proposals of amendment, and being twice read, Resolved, To concur with the house in passing the same into a Law.

A petition from David Wing Jun' and Charles Buckley, agents for a number of the inhabitants of Montpelier and towns adjacent, praying that the Legislature would pass an act incorporating them into a body politic in the usual form, for the purpose of erecting and supporting an Academy at Montpelier at their own expense, was sent up from the house of Representatives with this entry made thereon:

Read and referred to the Gamaliel Painter and others, School, to state facts &c.

"In General Assembly Nov. 17, 1800. Committee appointed on the petition of Trustees of Addison County Grammar Attest NATHAN OSGOOD, Clerk."

Which was read, with the proceedings of the house thereon, & Resolved, That the Council do concur in the said reference.

A petition from Charles Goodrich, Agent of the Proprietors of Pittsfield and Hancock, stating that they have before purchased of the Legislature a tract of land making now the towns of Hancock and Pittsfield, supposed at the time to contain thirty three thousand acres, and paid for the same at the rate of thirty Dollars per right, whereas the aforesaid tract in fact contained only nineteen thousand acres, and having no remedy, praying that the premises may be taken under consideration and relief granted, agreeably to justice and equity, was sent up from the house of Representatives with this order endorsed thereon:

"In General Assembly, Oct. 17, 1800. Read and referred to Mess. Sheldon, Clark, Horton, Elias Keyes, M. Smith, Curtiss, Eln Keyes, Royce & Hinman, to join a Committee from Council, to state facts &c. Attest NATHAN OSGOOD, Clerk.”

Which was read, and it was Resolved, That Mr. Spencer and Mr. Allis do join the aforesaid Committee.

A petition from the Inhabitants and Proprietors of Enosburgh, praying that the outlines of said town as run by the Surveyor General may be established, and that the Legislature will grant to the Proprietors all the land therein contained which has not been granted, under regulations, conditions &c., was sent up from the house of Representatives with this entry made thereon:

Read and referred to Mess Porter, B. Harrington, Joel state facts &c.

"In General Assembly Oct. 17, 1800. Finney, Taylor, Hammond, Hawkins, Eno, Roberts, Brigham and Chapin to join & Attest NATHAN OSGOOD, Clerk."

Which was read, and it was Resolved, That Mr. Chamberlain do join the aforesaid Committee.

The Council adjourned untill 9 O'clock tomorrow morning.

SATURDAY, October 18th. 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

Resolved, That the following articles be added to the rules of Council: That no persons except Judges of the Supreme Court of Judicature, and of the District Court, Marshall of the District, Members of Congress, Treasurer of the State, the Auditors of Accounts against this State and in the Treasury department, and the Clergy, shall be admitted on the Floor of the Council Chamber during its sittings, unless introduced by a member or by some officer of Council.

That when any member of the house of Representatives shall appear at the door of the Council Chamber to deliver a message, such appearance shall be announced by the officer attending on Council; and all business shall cease while such message is delivering and untill such member shall withdraw.

Ordered, That the Engrossing Clerk copy said articles, and that they be posted on the door of the Council Chamber.

A bill, passed in the house of Representatives, Entitled an act establishin a division of the township of Lutterloch, was sent up for revision &c. and being read and considered, Resolved, To concur with the house in passing said bill, & Ordered that the Secretary inform the house of the same.

The following resolution was sent up from the house of Representatives: "In General Assembly Oct. 18, 1800.

Resolved, that a Committee of three be appointed, to join a Committee from Council, to prepare and lay before the house a bill empowering the Guardians of Minors to sell the real estate of Minors in certain cases under the direction of the Judges of Probate of the several districts in which such property is situated. Members chosen - Mess Witherell, El Keyes and Bottom. Extract from the Journals.

Attest,

NATHAN OSGOOD Clk." Which resolution was read, and it was Resolved, That Mr. Strong and Mr. Robinson do join the aforesaid Committee.

Ordered, That the Secretary wait on the house of Representatives and enquire whether they propose sitting this afternoon and if they should, that the Council wish to be informed; and if any resolutions or orders have past, appointing Committees in which a junction with Council is requested, that such resolutions and orders may be forwarded to the Council Chamber as soon as possible.

Mr. El Keyes, member of the house of Representatives, appeared in the Council Chamber and delivered this message: "M" Chairman, The house of Representatives have resolved not to sit this afternoon - and such resolutions and orders as have passed the house, appointing Committees in which a junction is requested from the Council, will be by the proper Officers immediately sent up "- and he withdrew.

The Petition of Silas Hathaway and others, praying for the establishment of a University at St Albans, with all the privileges of an University, was sent up from the house of Representatives with this order thereon:

"In General Assembly Oct. 17, 1800. Read and referred to the Committee on the Petition from Middlebury

praying for a College &c. except the member from the County of Franklin, to join a Committee from Council, to state facts &c.

Attest

NATHAN OSGOOD Clerk."

And being read, Resolved To concur in the said reference. Resolved, that Mr. Jacob have leave of Absence from Monday next untill Thursday next.

The following resolution was sent up from the house of Representatives:

"In General Assembly Oct. 18, 1800. Resolved, that his Excellency the Governor be requested to appoint the first Thursday in December next as a day of public Thanksgiving throughout this State. Extract from the Journals.

Attest,

NATHAN OSGOOD. Clerk."

Which was read and Ordered to lie on the table.

The petition of William Thorp of Ireland, a subject of his Brittannic Majesty, praying that he may hold certain lands and real estate to which he holds claim by virtue of a deed from his brother John Thorp, late of Charlotte, in the County of Chittenden, Merchant, deceased, was sent up from the house of Representatives with this order thereon: "In General Assembly, Oct. 18, 1800. Read and referred to Messs. Thompson, Gallup and Lyon, to join a Committee from Council, to state facts and make report.

Attest,

NATHAN OSGOOD, Clerk." And being read, Resolved, That Mr Robinson join the aforesaid Committee.

The petition of Jacob Bayley and Jesse Leavensworth, in behalf of themselves and their associates, by Asa King their Agent, praying that they may have liberty to resign the Charter of the township of Danville, and that his Excellency the Governor may be directed to issue to them a new Charter agreeably to the true intent and meaning of the original grant, and stating that the present Charter, from certain defects, cannot be admitted as evidence in the courts of law, was sent up from the house of Representatives with the following order entered thereon: "In General Assembly Oct. 17, 1800. Read and referred to Mess Chipman, T. Harrington and White, to join a Committee from Council, state facts, &c.

Attest

NATHAN OSGOOD, Clerk." Which petition and order of the house thereon being read, Resolved, That Mr Galusha do join the aforesaid Committee.

A Petition from Elisha Ashley and Olive Rann, administrators on the Estate of Joseph Rann, praying for liberty to sell real estate, was sent up from the house of Representatives with this order thereon:

"In General Assembly Oct. 17, 1800. Read and referred to the Committee appointed to draught a General Bill empowering Administrators to sell the real estate of minors, to state facts & make report. Attest NATHAN OSGOOD, Clerk."

Which was read, and Resolved, To concur with the house in the said reference.

A Petition from Theophilus Woodward and others, praying for liberty to sell real estate, was sent up from the house of Representatives with an entry on the same similar to the preceeding one, and on which the Council made the same order.

A Petition from the inhabitants and proprietors of Glover, praying that a Law may be passed establishing the last survey made in said town as the allottment and division of s town, was sent up from the house of Representatives with this order thereon:

"In General Assembly Oct. 17, 1800. Read and referred to Messs. Stanley, Sargeant and Crafts, to join a Committee from Council, to state facts &c.

Attest

NATHAN OSGOOD, Clerk." And the same being read, it was resolved, That Mr Safford do join the aforesaid Committee.

A Petition from Anthony Pauling and others, praying that an addition may be made to the "Act to enforce the observation of the sabbath," was sent up from the house of Representatives with this order thereon:

"In General Assembly, Oct. 18, 1800. Read and referred to Mess. Wood, Olin, Butler, Babcock, Chapin, Nelson, Fisk, Spooner, Hunt and G. Bradley to join a Committee from Council, to state facts &c. Attest NATHAN OSGOOD, Clerk."

And the same being read, it was Resolved, That Mr Knoulton do join the aforesaid Committee.

A petition from Knight Sprague, stating that he is totally blind, and praying the legislature to grant him relief by lottery, or in some other way, was sent up from the house of Representatives with this order thereon:

"In General Assembly Oct. 17, 1800. Read and referred to Mess Jewett, Kingsbury, and Bump to join a Committee from Council, to state facts and make report. NATHAN OSGOOD, Clerk." And, the same being read, it was Resolved, That Mr. Marvin do join the aforesaid Committee.

Attest

A petition from a number of Subscribers, praying for liberty to make a turnpike road from the north line of Massachusetts thro' Bennington, Manchester, Rutland, Middlebury, Burlington and St Albans to the north line of Highgate in this State, was sent up from the house of Representatives with this order thereon:

"In General Assembly Oct. 17. 1800. Read and referred to the Committee appointed on the Petition praying for a turnpike road on White river, to state facts &c.

Attest

NATHAN OSGood, Clk.” And the same being read, Resolved, to concur with the house in said reference.

A petition from Charles Marsh and Levi Mower praying that they and their associates may be allowed the privilege of making a turnpike road from Woodstock Court house to Royalton Meeting house, under such regulations and restrictions as the General Assembly may think proper, with an entry on the same similar to the one on the last preceeding petition, and on which the Council made the same order.

A petition from the proprietors and landowners of Huntington, and Buel's and Avery's Gore. praying for a tax of two cents per acre on all the lands within the original grant of New Huntington and Buel's and Avery's Gore, public lands excepted, for the purpose of making and repairing roads and building bridges in said town and gores, was sent up from the house of Representatives with this order thereon:

"In General Assembly Oct. 17, 1800. Read and referred to Mess. D. Sheldon, Henry, Flagg, Elias Keyes and D. Jewett to join &c. to state facts &c. Attest

NATHAN OSGOOD Clerk." And the same being read, it was Resolved, That Mr. Marvin do join the aforesaid Committee.

A petition from a number of Subscribers, praying that they and their associates may have a Charter granted them for laying out, surveying

and turnpiking, under the usual regulations and restrictions in such cases made and provided, a road thro' the Counties of Bennington and Rutland, and A petition from Daniel Chipman and others, praying for the liberty of erecting a turnpike road from Middlebury to Woodstock, and also from the road leading from said Middlebury to Woodstock to Royalton, and to incorporate the Petitioners that the object may be carried into effect, were sent up from the house of Representatives with this order on each:

"In General Assembly Oct. 18, 1800. Read and referred to the Committee appointed on the Petition for a turnpike road on White River, to state facts and make report. NATHAN OSGOOD Clerk.” And the same being severally read, it was Resolved, to concur with the house in their reference respectively.

Attest

The following resolution was received from the house of Representatives:

"In General Assembly Oct. 18, 1800. Resolved, That his Excellency the Governor, with the advice of Council, be requested to appoint the first Thursday in December next to be observed as a day of public Thanksgiving and praise throughout this State. Attest NATHAN OSGOOD Clerk.” And the same being read and considered, Ordered, That it lie on the Table.

Adjourned untill 9 O'clock Monday morning.

MONDAY October 20th. 1800, 9 O'clock A. M.

The Council met pursuant to adjournment.

A bill, passed in the house of Representatives, Entitled "An act establishing a division of lands in the town of Ferrisburgh in the County of Addison," was sent up for revision and concurrence or proposals of amendment, and being read, Resolved, To concur with the house in passing said bill into a Law.

A Petition from Jacob Adams, Keeper of the Goal in Woodstock in the County of Windsor, stating that he has boarded one William Goss, who was committed for theft, fifty one weeks to the 8th of October Instant, and who was convicted on three indictments at the last term of the Supreme Court in said County, and praying relief in the premises, was sent up from the house of Representatives with this order thereon: "In General Assembly Oct. 18, 1800. Read and referred to Mess Curtiss, Cutler and Jacob Smith, to join a Committee from Council, to state facts and make report.

Attest

NATHAN OSGOOD Clerk." And the same being read, it was Resolved, That Mr. Knoulton do join the aforesaid Committee.

A petition from a number of persons, praying for the reduction of the dams and the removal of obstructions on Otter Creek and Lemon-Fair, was sent up from the house of Representatives with this order thereon: "In General Assembly Oct. [18,] 1800. Read and referred to Mess. Spooner, Theophilus Harrington and Seeley, to join a Committee from Council, to state facts and make report. Attest NATHN OSGOOD Clerk.” And the same being read, Resolved, That Mr. Allis do join the aforesaid Committee.

Adjourned to 2 o'clock P. M.