RUTLAND Oct. the 16 Day A. D. 1794. Council met according to adjournment. Present his Excellency Thomas Chittenden Esq' Gov", His Honor Jonathan Hunt Lieuf Gov'er, 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 DP. Secy· Jonathan Bell Sheriff. A Bill from the House requesting his Excellency the Gov" & Council to Join the House of Representatives at the Opening of the House on [this] Thursday morning next to take under Consideration the Petition of John Roberts and Christopher Roberts. Resolved to Join the House in Grand Committee for that Purpose and proceeded & Joined the House accordingly.1

The petition of the Selectmen of the Town of Sandgate praying for a Lottery to raise five hundred Dollars for the Purpose of making a Road from Sandgate across the mountain to Manchester or Dorset Was read and by the House referred to the Lottery Committee. Resolved that Mr. Safford Join the said Committee.

A Bill from the House requesting his Excellency the Governor to appoint the first Thursday of Decm'r next to be Observed as a Day of Public Thanksgiving & Praise. His Excellency the Governor by the advice of Council hath therefore thought fit to appoint the first Thursday of December next to be observed as a Day of Public Thanksgiving and Praise throughout this State.

Adjourned till 9 Oclock to morrow morning.

FRIDAY Oct. 17 Day A. D. 1794. Met according to adjournment. Present his Excellency Thomas Chittenden Esq' Gov, his Honor Jonathan Hunt Esq' Lieuft Gov, And

Perhaps the House subsequently asked for a copy to be entered and printed in its journal, but there is no record of such a request in the journal of the House.

The petitioners stated that, in 1775 and 1776, James French, then of Manchester, was indebted to them in the sum of sixty pounds, which remained unpaid; that French "absconded, and joined the enemies of the United States," and his real and personal estate was confiscated to the use of Vermont; wherefore they prayed that they might receive from the State a just proportion, with other creditors, of French's estate. There were several cases of the kind, and this seems to have been made a test. After a discussion on the subject of the petition upon general principles," on motion of Hon. Daniel Buck, who was then Speaker of the House, the Grand Committee resolved to recommend to the legislature not to make provision for the payment of the debts of any person whose property had been confiscated in consequence of their treasonable conduct. The House concurred, and the petitioners had leave to withdraw.

Gov. Chittenden then delivered to the Grand Committee a letter from the Hon. Samuel Knight, on retiring from the office of Chief Justice of the Supreme Court, for which see Appendix C.

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, and Cornelius Lynde. John Fay Dr. [Sec.] and Jonathan Bell Sheriff.

The Hon'ble Gideon Olin Esq' arrived and being Duly Qualified took his seat in Council.

The Petition of the Selectmen of Manchester praying for a Lottery for the Purpose of repairing the Road which crosses the mountain from Manchester to Chester, entered Last Session and Laid over to the Present. Read and by the House referred to the Lottery Committee. Resolved that Mr. Safford Join the said Committee.

An act incorporating certain Physicians into a Society by the name of the Windham Medical Society. [Accepted] by the General Assembly & Directed to be ingrossed, sent to the Governor & Council for Revision and Concurrence or Proposals of Amendment. Read and Ordered to Lie.

The Petition of Thomas Burrell a Prisoner in the County Goal at Bennington in the County of Bennington Committed for the payment of a fine on Conviction of Horse Stealing, praying a Remission of his fine. Read and Ordered to Lie.

Adjourned untill 2 Oclock P. M.

Met according to adjournment.

[Here occurs a blank page on the record of the Council.]

The Petition of William Howe & Others setting forth that Amos Tute late of Hinsdale [Vernon] deceased had made his Last Will and Testament which was presented to the Judge of Probate for the District of Marlboro for Probate thereupon whose Decree was that said Will and Testament ought not to be approved from which sentence an appeal was prayed to the next Supreme Court, that the Appeal by the Executors was neglected to be carried up & that the Judge has refused granting any further audit thereon-therefore praying that the Supreme Court might yet nevertheless be empowered to take Cognizance of said appeal. Read and by the House referred to Mess's Williams, Perry & Thompson to Join a Committee from Council, State facts & make Report. Resolved that Mr. Olin Join the said Committee.

The Petition of Abel Aylesworth and Zadoc Hard of Arlington in the County of Bennington praying to be releived from a Judgment Recovered against their sureties of 310 by reason of the Principals breaking Goal committed on Judg recovered on Recognizance for the appearance of one Israel Burritt. Read and by the House Referred to M' Lee, Stevens, Campbell, Marvin, & E. Robinson, to Join a Committee of Council, State facts & make Report. Resolved that Mr. Brigham Join the above Committee.

The Petition of Thomas Burrell taken up and Resolved that his fine shall not be remitted.

[Adjourned till to morrow morning.]

RUTLAND Oct. the 18 Day A. D. 1794.

[Met pursuant to adjournment.] Col. Joseph Fay having resigned his Office of Secretary to the Gov. & Council, [his resignation] was accepted & His Excellency the Gov. was

This is the first entry in the Council journal of an order of the House to engross a bill, though Thomas Tolman had been engrossing clerk from Oct. 15 1792.

Pleased to Appoint Truman Squier Esq' to the Office of Secretary to the Gov. & Council for the year ensuing-who appeared & was Duly Qualified to that Office.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

Adjourned untill Monday the 20 Day at 10 Oclock in the forenoon.

RUTLAND Oct. the 20 Day A. D. 1794.

Met according to adjournment, his Excellency Thomas Chittenden Esq' Gov, his Honor Jonathan Hunt Esq'r Lieuft Gov, Present & 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, Gideon Olin, John White & Cornelius Lynde. Truman Squier Secy. Jonathan Bell Sheriff.

An act Directing the Treasurer to Discharge an execution in behalf of this State against William Evans having passed the House, Read and Concurred.

An act restoring Enoch Bean to his Law having passed the House, Read & Concurred.

An act for repealing the providing Clause of an act entitled an act Appointing Commissioners to assertain the Boundary Line between the State of Newhampshire & this State passed the 6 Day of November A. D. 1792, having passed the House, Read & Concurred.

An act Directing the Treasurer of this State to pay to the Selectmen of Dummerston in the County of Windham the sum of Twelve pounds seven shillings & four pence having passed the House, Read & Con

curred.

An act Directing the Treasurer of this State to Credit the Town of Randolph the sum of Two pounds seven shillings having passed the House, Read & Concurred.

An act ratifying the Division of the Town of Wilmington by & between the Proprietors thereof having passed the House, Read & Concurred.

An act to Discharge Isaac Gage from an Execution in a Certain Case therein mentioned having passed the House, Read & Concurred.

An act in addition to an act entitled an act granting a Tax of Two pence on each acre of Land in the Township of Sunderland in the County of Bennington & one penny on each Acre of Land in the Town of Stratton in the County of Windham having passed the House, Read & Concurred.

An act Directing the Treasurer to pay to Thomas Smith the Legal Bounty for Killing A Grown Wolf having passed the House, Read and Concurred.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

The Petition of Alexander Plumley, Joseph Carpenter, William Curtis & John Bacon praying that the Line between the Towns of Randolph & Bethel shall be so settled that they shall not be Obliged to pay Taxes in both Towns being Read in the House was referred to Messrs Todd, Town, Sherman, Stephens [E. Stevens,] & Peckham, to Join a Committee from Council. Resolved that the Hon. Gideon Olin Join said Committee.

The Petition of Alexander Plumley praying that the Lines between the Towns of Randolph & Bethel may be made Public, & Stay execution already obtained against him in Defending the said Lines &c.

Read in the House and Referred to the above Committee Last namedResolved that Mr. Olin Join said Committee.

On request of the House to the Governor & Council to Join in Grand committee, Resolved to Join Accordingly and proceeded to the House & Joined Accordingly for the Purpose of Electing a Brigadier General in Room of Gen. Morey Resigned.'

An act incorporating Certain Physicians therein named into a Society by the name of the Windham Medical Society having passed the House, Read in Council and Returned to the House with Proposals of amendment.

Adjourned untill 9 Oclock to morrow morning.

RUTLAND Tuesday the 21 Day A. D. 1794. Met according to adjournment. Present his Excellency the Governor & his Honor the Lieuf Governor & the Honble Council.

The Petition of a number of Inhabitants of the South & North Heroes, Isle of Mott & Alburgh praying that a new County may be erected Including all the Islands West of the Channel & Lying in Lake Champlain North of Colchester point, being Read in the House was Referred to Mess Wright, Sanderson, Williams, E. Robinson, M. Bradley, Arnold, & Bostwick to Join a Committee from Council. Resolved that [Lieut.] Gov. Hunt Join the said Committee.

An act Directing the Treasurer to pay John Simons [Simonds] Jun. the sum of two pounds five shillings having passed the House, Read & Concurred.

An act to free the Body of Isaiah Parmeter from arrests in civil Causes having passed the House, Read & Concurred.

An act empowering an administrator on the Estate of Eliab Stone Deceased to Deed Land in Certain Cases having [passed] the House, Read & Concurred.

An act Directing the Treasurer of this State to pay to the Selectmen of Milton sixteen pounds nineteen shillings having passed the House, Read & Concurred.

A act granting a Tax of one penny on each acre of Land in the Town of Cabot in the County of Orange for the Purposes therein contained having passed the House, Read & Concurred.

An act granting a Tax of one penny on each acre of Land in the Township of Killington [ Sherburne ] for the Purposes therein Contained having passed the House, Read & Concurred.

The Petition of Thomas Butterfield in behalf of the Inhabitants of the Town of Swanton praying for a Lottery to raise three hundred pounds for the Purpose of Building a Bridge over the River Missisque in Swanton being Read in the House & Referred to the Lottery Committee, Resolved that the Lottery Committee from Council Join the aforesaid Committee from the House.

The Petition of Eleazer Wheelock praying for a grant of Land adjoining the east part of Rutland &c. being Read in the House & Referred to the Committee appointed on the Petition of Gideon Olin, Samuel Williams & others, Resolved that Judge Knoulton join the above Committee.

The Petition of Gideon Olin, Samuel Williams & Jonathan Parker Jun. praying the Legislature to grant them a Gore of Land Lying and being between Goshen, Hancock, Phylidelphia [parts of Goshen and

'See Apendix C.

Chittenden,] & Leicester, being Read in the House & Referred to Mess'rs Coit, I. Allen & W. Chamberlain to Join a Committee from Council, Resolved that Judge Knoulton Join the above Committee.

Adjourned untill 2 Oclock in the afternoon.

Met according to adjournment.

An act Discharging James Steel & James Blodgett from the payment of Two notes of hand therein mentioned having passed the House, Read & Concurred.

An act in addition to an act suspending the Operation of an act Limiting the act Dividing the County of Windsor into half Shires having passed the House, Read and Concurred.

An act granting a Tax of one penny on each acre of land in the Town of Stockbridge in the County of Windsor for the Purpose therein mentioned having passed the House, Read & Concurred.

A Demand from his Excellency Samuel Adams Esq❞ Governor & Commander in Cheif in & over the State of Massichusetts, under his hand & the seal of said State, Dated the first Day of January A. D. 1794, to his Excellency Thomas Chittenden Esqr to Issue his Warrant against one Nathaniel Welch Jun. Late of Pittsfield in the County of Berkshire & Commonwealth of Massichusetts, now an Inhabitant of the Town of Benson in the County of Rutland, & Deliver him over into the hands of the high Sheriff of the County of said Berkshire as a fugitive from Justice, which was Read & all the Records thereunto annexed; the Question being put whether his Excellency the Governor should Issue his Warrant accordingly & it passad in the negative for the following Reason-Viz. the said Nathaniel being an Inhabitant of this State before the adoption of the Constitution of the United States & that he had not fled from any Court of Justice in the State of Massichusetts since said Constitution of the United States was adopted.' Adjourned untill 9 Oclock to morrow morning.

RUTLAND Oct. the 22 Day A. D. 1794.

Met according to adjournment.

An act empowering the Town of Brattleborough in the County of Windham as Devistes in the Last Will & Testament of Amos Tute Late of Hinsdale [Vernon] in said County to enter and prosecute Certain appeal therein mentioned, having passed the House, Read and Concurred. An act giving an exclusive Right to Periz Gallop [Perez Gallup] to Lock the Water Queche falls [on Connecticut river] &c. having passed the House was Read and sent back to the House with proposals of Amendments.

Adjourned untill 2 Oclock in the afternoon.
Met according to adjournment.

THURSDAY the 23 Day [of Oct.] A. D. 1794.2

Met according to adjourn[ment.]

A Bill brought in for Defining the Powers of the Supreme & County Courts within this State having been Read in the House & Referred to J.

1 See Appendix G.

No record of proceedings and adjournment on the afternoon of the preceding day is entered in the journal of the Council; nor any minute of proceedings in Grand Committee on the 21st and 23.1, on the rights of