His Excellency the Governor, Lt. Govr and the Members of Council present were duly qualified and took their seats accordingly. His Excellency was pleased to appoint Joseph Fay Secretary to the Governor & Council, who was duly qualified accordingly. Adjourned to 2 °Clock P. M. Met according to adjournment. Honble. Gideon Olin Esq appeared in Council and was duly qualified before the Governor and took his seat in Council. A bill from the House was rec'd appointing Messrs. Henry, E. Spooner, J. Robinson, Todd, Lyon, Williams, E. Robinson, Emmons, Davis, Farrand, Woodbridge, Painter, Harrington, & Hitchcock a Committee to join a Committee of Council to arrange the business of the present Session-Resolved that Mess Marvin and Brigham join said Committee. Adjourned to 8 °Clock Tomorrow. SATURDAY 12th. October 1793. Met according to adjournment. Present His Excellency Governor Chittenden-his honor Lt Governor Olcott, and the following members of the Honble Council vizt. John Fassett Thomas Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Ebenezer Marvin Paul Brigham Gideon Olin. Joseph Fay Sec. William Sweetser Sheriff. The Governor and Council joined the House in Grand Committee for the purpose of Making the County Elections, & to Elect the judges of the Supreme Court, and to fill the vacancys of General officers in the Militia. The Committee adjourned to Wednesday next at the opening of the House. A petition signed by Oliver Barret and others praying for Leave to raise the sum of two thousand & five hundred Dollars by Lottery for the purpose of clearing and improving the Navigation of Connecticut River; having been refered for several sessions past to the present session & a Committee appointed to join a Committee of Council, Resolved that Mr. Safford join said Committee. A bill from the House was received appointing a Committee to join a Committee of Council for the purpose of providing a Goal & work house in some convenient place in this State, to confine State prisoners and regulating the same-Resolved that Mr Fassett join said Committee. A petition from a Manufacturing Company praying to be Incorporated was rec'd, and a Committee appointed to join a Committee of Council-Resolved that Mr. Marvin join said Committee. A petition signed Solomon Simpson in behalf of himself and European Company of Minors [miners,] praying for a Pattent of all the Gold & Silver Mines in the State of Vermont, under certain restrictions and regulations, having been read in General Assembly and a Committee appointed to join a Committee of Council, Resolved that Mr Marvin join said Committee. A bill from the House was rec'd appointing a Committee to join a Committee of Council to provide more effectually for the encouragement of useful manufactories within this State-Resolved that Mr Marvin join said Committee. Resolved that Mr Strong join the Committee from the House for the purpose of arangeing the Militia of this State. Adjourned to 10 oClock Monday next. MONDAY 14th October 1793. iam Sweetser Sherriff. Whereas it is Represented to this Council that thro' mistake or inattention the votes of the freemen of one or more Towns were not counted by the joint Committees of both Houses, by which means injustice has taken place in the Election of a Member of Council, therefore Resolved that the General Assembly be requested to join the Governor and Council in Grand Committee to take the same under consideration and rectify any mistake which may appear to have taken place.1 'The Governor and Council joined the House accordingly, when it appeared that the votes of Duxbury had been excluded by the canvassing committee, on the supposition that the town was not organized; but it was proved that the town was organized, and that its vote gave Jacob Bayley one majority over John White. It also appeared that the votes of Pawlet had not been delivered to the committee, all of which were for Mr. Bayley. Therefore, at an adjourned meeting of the grand committee in the afternoon, it was resolved that Jacob Bayley was, and John White was not, elected Councillor.-See printed Assembly Journal of 1793, pp. 22-24. IN GENERAL ASSEMBLY Oct. 14, 1793. The following Address of the Council of Censors was handed [in] by Mr. Secretary Hopkins, viz. VERMONT. IN COUNCIL OF CENSORS, Nov. 29th, 1792. To the Honorable the Legislature of this State, to be convened in October next. This Council, in examining the proceedings of the Legislative and Executive Departments of this Government, during the last Septenary, are happy to find no proceedings which we judge unconstitutional; but with due deference we judge the Legislature have, in some instances, too hastily and inconsiderately, passed insolvent acts, and acts suspending the operation of law against particular persons, and acts granting exclusive rights and privileges to individuals. We conceive there can be but few instances in this State, where insolvent acts or acts suspending the operation of law, ought to be passed; and that acts granting exclusive privileges to individuals, ought not to be passed, unless to secure to indviduals the exclusive right to their own inventions:-And we also judge it inconsistent with the spirit and genius of a free people, that a man should be adjudged to pay costs in criminal causes, or cases of delinquency, after an impartial jury of the country has declared he is not guilty. Therefore, this Council recommend to the Legislature, to repeal the last paragraph of an act passed March 9th, 1787, entitled An Act regulating the disposal of fines and penalties, and the payment of costs, in cases of delinquencies. It gives us great pleasure, when we take a retrospective view of the multiplicity and the intricacies of business, that is brought before the Legislature, that there are so few instances, where they have erred; A petition signed Nehemiah Hopkins praying for relief on account of the loss of his arm; having been read in General Assembly & a Committee appointed thereon to join a Committee of Council, Resolved that Mr. Hunt join said Committee. A Bill from the House was rec'd to Notify the Governor and Council that they were ready to join in Grand Committee to rectify any mistake which might appear to have taken place in the appointment of a Member of the Council.-The Governor & Council joined the House accordingly. Adjourned to 2 Clock P. M. Met according to adjournment. A petition signed by Benjamin Page, praying to have his fine remitted & to be released from Bennington Goal, was read and ordered to lie on the Table. A bill from the House was rec'd appointing a Committee to join a Committee of Council to revise and propose alterations in the act for raising thirty Thousand Dollars-Resolved that Messrs. Olin & Strong join said Committee. A petition signed by John Hubbard & Joshua Hale praying for the exclusive right of building a Bridge over Connecticut river, having been read in General Assembly and a Committee appointed thereon to join a Committee of Council, Resolved that Mr Knoulton join said Committee. The following resolution of the Grand Committee was rec'd and ordered to be recorded vizt IN GRAND COMMITTEE 14 Oct. 1793. Whereas it appears upon an inquiry of the Committee appointed to receive, sort and Count the votes for Counsillors for the present year, that the said Committee, thro' mistake, Omitted counting a number of votes for Counsillors, which if counted would have given a Majority for Jacob Bayley in Stead of John White, which Votes ought to have been Counted, therefore Resolved that Jacob Bayley was duly Elected Counsillor for the State for the present year, and that John White, who was declared by a Committee to be Elected, was not elected by the freemen of the State. The preceding is a true Copy of the [resolution of the] Grand Committee. Attest, ROSWELL HOPKINS Clerk. JOSEPH FAY Sec. True Copy Examined. A petition Signed Isaac Gage praying for the exclusive right of building a Temporary floating Bridge over Otter Creek at a place Called Gage's Ferry, having been read in General Assembly and Committed to join a Committee of Council-Resolved that Mr. Knoulton join said Committee. Adjourned to 9 °Clock Tomorrow. WINDSOR 15 October 1793. Met according to adjournment. Present His Excellency Governor Chittenden, His honor Lt Governor Olcott, and the following Members of the Honble. Council viz John Fassett Thomas Porter Samuel Safford and are happy to find that wisdom and stability mark the proceedings of our public bodies; and that this government is daily gaining knowledge and respectability. By order of the Council, Attest, ROSWELL HOPKINS, Secretary. SAMUEL KNIGHT, President. John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Ebenezer Marvin Paul Brigham Gideon Olin. Joseph Fay Secy. Wm. Sweetser Sheriff. The Governor and Council joined the House in Grand Committee for the purpose of taking under consideration the propriety of Holding two Stated Termes of the Supreme Court in each County, and also three Stated Termes of the County Courts within the respective Counties; after debating fully on the subject, the Committee adjourned until 2 "Clock on Monday next. A petition Signed Jonathan Holton praying for Compensation for the loss of his farm, having been read in General Assembly & Committed to join a Committee of Council, Resolved that Mr. Olin join the said Committee. A petition Signed Benjamin Page prisoner confined in Bennington Goal praying to be discharged from his fine & cost & Imprisonment, having been taken under consideration was unanimously agreed to be dismissed. Adjourned to 2 °Clock P. M. Met according to adjournment. A petition Signed Elnathan Marvin praying for the payment of £35 15 for Money paid for Armes during the War, having been read in General Assembly & Committed to join a Committee of Council-Resolved that Mr Safford join said Committee. The petition of the Inhabitents of Fairfax and Selectmen of Sandgate praying for Lotteries to be Granted, having been read in General Assembly and Committed to join a Committee of Council - Resolved that said petitions be referred to the Lottery Committee. A petition from a number of Inhabitents in Hanover, also a petition from the Inhabitents of Norwich & Hartford, & one from the selectmen in Manchester praying for a Grant of Lotteries for building a bridge across Connecticut river, & repairing the road across the Green Mountain, having been read in General Assembly and Committed to join a Committee of Council. -Resolved that Mr. Brigham join said Committee for the purposes therein Mentioned, and make report. Honble. Jonas Galusha Esq appeared in Council & was duly qualified before the Gov and took his seat accordingly. Adjourned to 8 °Clock Tomorow. WEDNESDAY 16th. October 1793. Met according to adjournment. Present his Excellency Governor Chittenden, his honor L Gov1. Olcott and the following members of the Honble. Council vizt. John Fassett Thomas Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Ebenezer Marvin Paul Brigham Jonas Galusha & Gideon Olin. Joseph Fay Sec. Wm. Sweetser Sheriff. The Governor & Council joined the General Assembly in Grand Committee agreeable to the order of the day for the purpose of making the County Elections of Civil officers for the year ensuing which are entered at Large on the journals of the House-also for the purpose of Electing Judges of the Supreme Court, & Brigadier Generals of the Militia.The Election of Brigadier Generals being postpooned, the ballots being [taken] for Judges of the Supreme Court, the Hon' Samuel Knight Esq. was declared to be duly Elected chief Judge, & the Honble. Elijah Payne [Paine] & Isaac Tichenor Esqrs was declared to be Elected side Judges. Resolved that it appears to this Council by the Original enteries of the Names of the petitioners for the Township of Medway [Mendon] & also by the original entries of the Names of the persons paying the Granting fees for said Town & other evidence, that Eleazer Wheelock was an Original Grantee in said Grant, and that it was by mistake that the Name of Ebenezer Wheelock was inserted in lieu of Eleazer Wheelock in said Charter. Adjourned to 8 °Clock Tomorrow. WINDSOR 17th October 1793. Met according to Adjournment. Present His Excellency Governor Chittenden, His honor Lt Governor Olcott, and the following members of the Honble Council vizt. John Fassett Thomas Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Ebenezer Marvin Paul Brigham Jonas Galusha Gideon Olin. Joseph Fay Secy. Wm. Sweetser Sheriff. A petition signed Johnathan Holton praying for Compensation for the loss of his farm, having been once Committed and the report not accepted, but recommitted to join a Committee of Council-Resolved that Messrs. Porter & Galusha join said Committee. Adjourned to 2 Clock P. M. Met according to adjournment, and joined the House in Grand Committee on the petition of Mr Goodrich, praying for Compensation, having paid too much Granting fees for the Grant of Pittsfield & Hancock; the Committee Resolved to recommend to the House not to Grant the prayer of the petition. An act Granting to Nehemiah Hopkins Ju the sum of £36, in full Compensation for the loss of his arm, having passed in the General Assembly was read and Concurred with amendments. Adjourned to 9 °Clock Tomorrow. FRIDAY IN COUNCIL Windsor 18th. October 1793. Met according to Adjournment. Present His Excellency Governor Chittenden, His honor Lt Governor Olcott, & the following members of the Honble. Council vizt John Fassett Thomas Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt Luke Knoulton Ebenezer Marvin Paul Brigham Jonas Galusha Gideon Olin. Joseph Fay Secu Wm. Sweetser Sheriff. A bill from the House was rec'd requesting the Governor and Council to join the House in Grand Committee for the purpose of Taking into Consideration the Militia bill; Resolved that the Governor & Council join accordingly.-The business being largely discussed in Committee, they Resolved to recommend to the House to Comply with the Laws of Congress by releasing all full Colonels, upon which the Committee adjourned to meet at 2 Clock P. M. for the purpose of Electing Brigadier Generals. Adjourned to 2 °Clock P. M. Met according to adjournment. The Governor & Council joined the House in Grand Committee.-The Ballots being taken for Brigadier General for the first Brigade in the 2d Division, when Col. Josiah Wright was declared to be duly Elected, and Eli Cogsell [Cogswell] Esq was declared to be Elected Brigadier General of the 4th Brigade & Colo David Whitney was also Elected Brigadier General of the sixth Brigade. The Committee then dissolved. |