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advocated the proposition contained in these instructions, was a member of the committee of the Senate on the subject, and proposed and supported an amendment which is now a part of the constitution.-See Benton's Abridgement of the Debates of Congress, Vol. II, pp. 6, 7, 23, 24, 37.

In 1803, joint resolutions of instruction to the Vermont delegation in Congress, on this subject, were adopted.-See ante pp. 377–379. And Jan. 30 1804, the twelfth amendment was ratified by Vermont-in the Council unanimously, and in the House by a vote of 93 to 64.–See ante, pp. 399, 400, 402, 407; and printed Laws of Vermont, Feb. Session 1804, p. 4. Z. Thompson stated that in 1799 the Federalists voted in favor of this amendment, and the Jeffersonian Republicans against it; whereas in 1804 the votes of these parties were reversed.-See Thompson's Vermont, Part II, p. 92.

PROPOSALS FOR ELECTIONS OF PRESIDENTIAL ELECTORS, AND REP

RESENTATIVES IN CONGRESS, BY DISTRICTS. Oct. 17 1801, Governor Tichenor communicated to the Legislature an amendment to the constitution proposed by the Legislature of Maryland, requiring the States to form electoral districts for the election, by the people, of Electors of President and Vice President, and Representatives in Congress. Oct. 19, on motion of Nathaniel Niles, the amendment as to Electors was adopted by a vote of 126 to 41; and that as to Representatives by a vote of 105 to 55.-See printed Assembly Journal of 1801, pp. 77–80, and 89-93. The Governor and Council concurred by a vote of 7 to 6.-See ante, pp. 308, 303. This amendment was not ratified by the requisite number of States.

APPENDIX C.

LETTERS OF PUBLIC OFFICERS OF VERMONT, &c. 1791–1802.1

Samuel Knight to the General Assembly, on his appointment as

Chief Justice.

WINDSOR October ye 19th. 1791. Sr I find myself wanting in words to express the warm feelings I have of gratitude towards this Honorable General Assembly for the undesarved Honor done me in appointing me Chief Judge of the Supreme Court. I am Convinced from the experiance I have [had] for two years past, that the office of Judge of the Supreme Court is attended with many and great Difficulties, and that the number of persons compleatly qualified to fill that place are very few among which number I cannot claim to be reckoned however considering the unanimity with which the Choice was made I have excepted the appointment notwithstanding the great Impediment it is to my other business and against my Intrest and the Intrest of those who I am under the strongest ties of human nature to provide for, allways esteeming it my greatest happiness to Serve my fellow men in that way which is most agreeable to them - and am Determined however my abbilities may be Justly Doubted of that my Intigerity and Intentions to do right shall never be Justly questioned. I am Sr your and the Honorable Assemblies most Obdt humble Sert

SAMEL KNIGHT. To Gideon Olin Esqr Speeker of the Honble House of Assembly.

Elijah Paine to the General Assembly, on his appointment as Judge of the

Supreme Court. Sir My late election as one of the Judges of the Supreme Court, so far as it is a testimony of the Approbation of the Legislature of my con

'In most of the letters here printed, there is so high and just an appreciation of the dignity and responsibility of faithful public servants ; so much modesty, courtesy, and gratitude in their authors, and evident consciousness of intended integrity and fidelity in every duty, as to make them examples not less worthy of imitation in this day than they were in theirs.

* From the original, in Ms. Vt. State Papers, Vol. 24, p. 43.

> From the original, in Ms. Vt. State Papers, Vol. 24, p. 42. ELIJAH PAINE was born in Brooklyn, Conn., Jan. 21, 1757, was son of Seth

duct in that office the year past, deserves my warmest acknowledgments -I have not hesitated in accepting the appointment & have accordingly taken the necessary oath.— I have a greater ambition to serve the State in which I live, while I can do it to their satisfaction, than I have to serve any other Government.-- For this reason I have not put myself in the way of appointments from any other quarter.— Neither do I now

Paine of Brooklyn, and grandson of Seth Paine of Pomfret, Conn. While fitting for college, he abandoned his studies to serve for several months in the army of the revolution. He was graduated at Harvard University in 1781, and after studying the law for three years he came to Vermont in 1784, purchasing first a cultivated farm in Windsor, but in June of that year he commenced the opening of a large farm in Williamstown, which soon became, and through his life remained, his homestcad. Notwithstanding his service in public offices from 1786 until his death in 1842, the most of his time, talents, and money were given to his farm, manufactures, various public improvements, and educational and benevolent institutions, in all which he was foremost in central Vermont, and an example for like-minded men everywhere. He was honored with the degree of Doctor of Laws by two universities, Harvard and Vermont, and was member of several societies for the advancement of arts and sciences. He was an exemplary Christian of the orthodox faith, rarely failing to attend public worship at the church in East Williamstown, four miles from his dwelling. He represented Williamstown in the General Assembly in 1787 and until 1791; was one of the Commissioners to settle the controversy with New York in 1789-90; Delegate and Secretary in the Constitutional Convention of 1786 ; member of the Council of Censors in 1792 ; Judge of the Supreme Court in 1791, '92, and '93 ; and United States Senator from 1795 until 1801, to which office he was re-elected, but he declined it for the purpose of accepting from President Washington the office of Judge for the U. S. District of Vermont. This office he held from 1801 until a few weeks before his death, which occurred on the 28th of April, 1842. The editor of this volume remembers him as a tall and well-proportioned gentleman, dressed in the style of President Washington, of a grave countenance and dignified bearing, scornful to none but affable to all. In June 1824, he delivered the address of welcome to Gen. Lafayette, at Montpelier, to which the General responded. These venerable and patriotic men were born in the same year, and both were associates of Washington. Judge Paine married Sarah Porter, daughter of John Porter of Plymouth, N. H., and had four sons and four daughters. All of the sons, who reached middle age, were distinguis ied for abilities and public usefulness. MARTYN PAINE, A. M., M. D., LL.D., and member of various societies in Europe and America, was born July 8, 1794, and resides in the city of New York. His reputation as the author of various medical books is high. In 1841 he united with five other medical gentlemen in establishing the Medical Department of the University of

accept the appointment with which the Legislature have honored me with a view of Gain. You will however give me leave to observe that the pay of your Judges bears but a small proportion to the pay received by the Judges of any of the other States, when the ability of the States is compared. - Were the State still in debt for the expences of the late war I would with pleasure live on my own property, & serve my Country without reward.— But the State is now in a great measure free from debt.— Altho' I know the Legislature will not waste the property of the Citizens; yet I am confident they would wish to make their servants a reasonable compensation. If upon deliberating on the subject they should think proper to make any additions to the pay of the Court it will be gratefully received. - If on the other hand they should think the present pay adequate to the service I shall with equal pleasure acquiesce, & serve the State to the best of my abilities. I have the honour to be, Sir, your most Obedt humble Sert

ELIJAH PAINE. Windsor Oct 19, 1791. The Honble Gideon Olin Esquire Speaker of the house of Representatives.

Roger Enos to Gov. Chittenden, resigning his office as Major General." To His Excellency, Thomas Chittenden, Governor, Captain-General

and Commander in Chief, in and over the State of Vermont.

May it please your Excellency,– It has ever afforded me satisfaction to serve my country in every sphere in which I have been called to action: But it has been my highest ambition to merit their approbation in a faithful discharge of the duties of the different military offices with which I have been honored.-And I flatter myself that I have not been undeserving the public esteem in my exertions to promote military discipline, since I have had the appointment of Major-General of the militia of this State. The duties of the office have been attended with a great degree of trouble and expence-honor is the only compensation the public can bestow, for the services of their military officers.--I feel a wish that others as deserving as myself, should equally share the honors and the appendages. You will be pleased, therefore, to accept my resignation as Major-General of the fourth division of the militia of this

New York, in which he has been a professor ever since. ELIJAH PAINE, born April 10, 1796, resided in New York city, and was author of law books, and from 1850 until his death, Oct. 6, 1853, was a Judge of the Superior Court. CHARLES PAINE, born April 15 1799, was Governor of Vermont from 1841 to 1843, and greatly distinguised by his services in manufactures, railroads, and other public improvements, until his death, July 6, 1853. These were all graduates of Harvard. GEORGE PAINE, a graduate of Dartmouth, and a lawyer, died Oct. 3 1836, in his 29th year. CAROLINE, the only daughter living, is wife of John Paine of New York city.-Vt. Hist. Magazine, Vol. II ; and Drake's Dictionary of American Biography.

From the Vermont Journal of Nov. 8 1791. The self-appreciation of Gen. Enos was finer than his modesty, yet it may have been as truly good as is the humor in the word " appendages."

State—and be assured, Sir, that nothing will afford me more satisfaction than to find that the vacancy be filled with a person equally entitled to the esteem of the public, and the honors of the appointment. Windsor, Oct. 31, 1791.

ROGER Exos.

Lieut. Gov. Olcott to the Freemen of Vermont. The subscriber hereby wishes to testify his gratitude to the Citizens of this State, for having heretofore placed him in a number of important Offices, and their late frequent appointments to the second seat of Magistracy. He feels that the infirmities of age and bodily indisposition, render him incapable of discharging the important functions of his office-& requests them, in the choice of his successor, to elect some person of known integrity and abilities, who will be both serviceable and respectable [acceptable) to the community at large. Norwich 14th Aug. 1794.

PETER OLCOTT.

Elijah Paine to the General Assembly, on his election as United States

Senator. From the record of the Grand Committee in the Assembly Journal of Oct. 14 and 15, 1794:

Oct. 14.-On motion, Mr. Jacob was requested to wait on the Hon. Elijah Paine, and desire him to attend the house and inform the Committee, whether or not he shall accept the appointment of Senator, to represent this State in the Senate of the United States.

The Hon. Elijah Paine, Esq., appeared on the floor of the house, and requested of the committee, that he might be indulged a further opportunity, before he gave his answer to the message, communicated by Mr. Jacob.

Granted.

Oct. 15.- The Grand Committee met according to adjournment, when his Excellency communicated the following letter from the Honorable Elijah Paine, Esquire, viz.

RUTLAND Octobr. 15th. 1794.: Sir, I feel deeply impressed with a sense of the Honor done me in my appointment as Senator in the Congress of the United States.When I compare my Opportunities for information & my abilities with the importance of the Trust, It might be thought, that Modesty would induce me to decline the undertaking.-I have endeavoured from every circumstance to collect what my duty is.-The result has been, (& that more from the General Wish of the Legislature than from any other circumstance) that I have concluded to accept the Appointment.

I dare make no promises, but I cannot but hope that the lively impressions I now feel, will on all occasions produce an uniform Zeal for the Welfare of this and the United States.

I will only add on this Head, that the consideration that my fellow Citizens of Vermont are so uniformly attached to peace and good Order and so capable of distinguishing between real & imaginary evils, will at all times afford me the highest satisfaction.

Spooner's Vermont Journal of Aug. 25 1794.

* This letter is here printed from the original, in Ms. Vt. State Papers, Vol. 24, p. 76.

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