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TWENTY-FIFTH COUNCIL.

OCTOBER 1801 TO OCTOBER 1802.

ISAAC TICHENOR, Bennington, Governor.
PAUL BRIGHAM, Norwich, Lieut. Governor.

Councillors:
SAMUEL SAFFORD, Bennington, STEPHEN JACOB, Windsor,
John STRONG, Addison,

SOLOMON MILLER, Williston,
EBENEZER Marvin, Franklin, ELISHA ALLIS, Brookfield,
ELIJAH ROBINSON, Weathersfield, Noah CHITTENDEN, Jericho,
WM. CHAMBERLAIN, Peacham, BERIAH LOOMIS, Thetford,
Jonas GALUSHA, Shaftsbury, ELIAKIM SPOONER, Westminster.
JOHN WHITE, Georgia,

RICHARD WHITNEY, Guilford, Secretary.
Josiah EDSON, Randolph, Sheriff.

BIOGRAPHICAL NOTICES. Noah CHITTENDEN, oldest son of Gov. Thomas Chittenden, was born in Salisbury, Conn., in 1753. He came to Vermont with his father, in 1784 removed from Arlington to Cambridge, and previous to 1795 from that town to Jericho. He represented Jericho in 1796, and from 1812 until 1815 ; was Sheriff of Addison county, (then extending to Canada line,) in 1785, and of Chittenden county 1787 until 1790 ; Assistant Judge of Chittenden county court 1804 until 1811, and Judge of Probate in 1811. He was Councillor 1801 until 1812. He married a daughter of Hon. Johu Fassett, and had Thomas, who removed to Ohio; and Hannah, who married Hon. Truman Galusha.- Vt. Hist. Magazine, Vols. I and II; and Deming's Catalogue.

BERIAH Loomis represented Thetford 1782 until 1786, 1787 until 1790, and in 1817; was Councillor 1801 until 1808, and 1809 until 1814; Assistant Judge of Orange County Court 1797 until 1812, and 1813 until 1818; and a member of the Constitutional Convention of 1791. Among his sons were the late Hon. Jeduthun Loomis of Montpelier, and Col. Gustavus Loomis of the U. S. army.

ELIAKIM SPOONER represented Westminster in 1793, 24, and '5; and was Councillor from Oct. 17 1801 until 1808.-Deming's Catalogue.

Resigned, Oct. 16, on accepting the office of judge of the supreme court.

* Appointed Oct. 17, in place of Stephen Jacob resigned.

RECORD OF THE GOVERNOR AND COUNCIL

AT THE

SESSION OF THE GENERAL ASSEMBLY AT NEWBURY

OCT. 1801.

STATE OF VERMONT SS. A Journal of the proceedings of the Governor and Council of the State of Vermont, at their session begun and held at Newbury, within and for said state, on the second Thursday of October, being the eighth day of said month, in the year of our Lord one Thousand eight hundred and one, pursuant to the Constitution and Resolves of said State. Present, His Excellency Isaac Tichenor Esquire, Governor-His Honor Paul Brigham Esquire L. Governor, -of the Council, The Hon'ble Elisha Allis, Benjamin Burt, William Chamberlain, Jonas Galusha, Stephen Jacob, Ebenezer Marvin, Solomon Miller, Elijah Robinson, John Strong, Samuel Satford, and Abel Spencer Esquires. Richard Whitney Secretary. Josiah Edson Esquire Sheriff of the County of Orange.

Resolved, That a Committee of eight Members be appointed, jointly with such Committee as may be chosen by the house of Representatives, to receive, sort and count the Votes for Governor, Lt. Governor, Treasurer and Councillors for the year ensuing—Members chosen, M". Robinson, M" Spencer, M. Marvin, Mr. Chamberlain, M" Allis, M". Galusha, M" Burt and Mr. Miller, who were severally sworn to the faithful discharge of their trust. Ordered, That the Secretary carry said resolution to the house. Adjourned to 5 O'clock P. M'.

5 O'CLOCK P. M. The Governor and Council convened, and on motion, proceeded to the house of Representatives, when the two houses united in joint Committee and the following report was handed in by Ebenezer Marvin, Esquire:

" To the hon'ble General Assembly of the State of Vermont now sitting, Your Committee appointed to receive, sort and count the votes for Governor, L' Governor, Treasurer and Councillors for the year ensuing, report as follows: That Isaac Tichenor is elected Governor, Paul Brigham L' Governor, Benjamin Swan Treasurer, and that Samuel Safford, Jonas Galusha, William Chamberlain, Solomon Miller, Stephen Jacob, Ebenezer Marvin, Elijah Robinson, John Strong, Elisha Allis, Noah Chittenden, John White, and Beriah Loomis are elected Councillors. Which is respectfully submitted. EBENR. MARVIN for Come.

Newbury Oct. gth: 1801.”

The same being read, Josiah Edson Esq". Sheriff of the County of Orange, by public proclamation, declared said officers duly elected to the offices annexed to the names, respectively, by the suffrages of the Freemen. The Council then returned to their Chamber and Adjourned to 10 O'clock tomorrow morning.

* The election sermon was by Rev. Nathaniel Lambert of Newbury.

FRIDAY, October 9th. 1801, 10 O'clock A. M. The Council met pursuant to adjournment. Ordered, That the Secretary issue letters of Notice to the new Councillors of the following tenor:

NEWBURY 9th. October 1801. Sir - By the report of the Committee appointed to receive, sort and count the votes for Governor, Le Governor, Treasurer, and Councillors for the year ensuing, you have been duly elected a Councillor and as such have been declared. You will therefore be pleased to join the Council, as a member, as soon as possible after receiving this notice. By direction of His Excellency & the hon'ble Council, I am &c.

RICHD. WHITNEY Secy. On motion, Resolved, The rules of Council adopted the last Session be the rules of Council the present session. Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M. The following resolution was received from the house by M". Hay:

“ In General Assembly Oct. 9, 1801. Resolved, the Governor and Council concurring therein, That the members of both houses meet in County Conventions at three O'clock this afternoon for the purpose of making nominations for the County officers for the respective Counties: and that both houses meet tomorrow morning for the purpose of receiving such nominations and acting thereon — And that M". Hay be requested to carry up this resolution and inform the Governor and Council of the reasons for passing the same.

Extract from the Journals. Att. Thos. TOLMAN Clerk pro tem.And M". Hay, after assigning the reasons of the house, withdrew.

The same being read, Resolved, That the Governor and Council do concur in passing the same. Ordered, That the Secretary inform the house of the said Concurrence.

M". Robinson, member of the house of Representatives, appeared in Council and informed them that the house was organized and ready to receive any communications which his Excellency the Governor should be pleased to make.

Ordered, That the Secretary acquaint the house of Representatives that his Excellency, accompanied by the Council, will, unless differently instructed, immediately wait on the house of Representatives, in their room, take the necessary oaths and make his communications.

Accordingly, the Governor, with the Council, proceeded to the Representatives' room, and, after taking the necessary oaths, with the L Governor and Council, he delivered the following speech to both branches of the Legislature. (For speech see Appendix J.]

The Governor and Council then returned to their chamber and commenced the consideration of business.

A petition from Wm. C. Harrington and others, praying for a tax of six cents on each acre of land in Burlington, public rights excepted, was sent up from the house with this order thereon :

" In General Assembly Oct. 9, 1801. Read & referred to Messe. Ormsby, Allen, Shaw, A. Stevens, Painter, Jon Fiske, B. Harrington, Cahoon, Farnsworth, Crafts & Wetherbee, to join a Committee from Council, state facts &c.

Attest Thos. TOLMAN Clk pro tem.” And the same being read, Resolved, That M". White do join the aforesd. Committee.

Adjourned to 9 O'clock Tomorrow morning.

SATURDAY October 10th. 1801, 9 O'clock A. M. The Governor and Council met pursuant to adjournment, proceeded to the house of Representatives, and after prayer, united in joint Committee agreeably to the concurrent resolution of yesterday, relative to the several County nominations. On motion, Resolved, That when the two branches of the legislature shall meet in joint Committee, that his Excellency the Governor, & in his absence the Lt Governor, shall be chairman of such Committee, and that the Secretary of State, and in his absence the Secretary of the Governor and Council, shall beiClerk of such Committee. His Excellency accordingly took the Chair-Roswell Hopkins Secretary of State, Clerk. The joint Committee then acted on the respective County nominations as reported by the County Conventions, and adjourned untill Tuesday morning at the opening of the house. The Governor and Council then returned to their Chamber, and adjourned untill 10 O'clock on Monday morning.

MONDAY, October 12th. 1801, 10 O'clock A. M. The Council met pursuant to adjournment.

Resolved, The house of Representatives concurring therein, thatăthe house meet the Governor and Council in joint Committee in the Representatives' Room, at the opening of the house this afternoon, to elect a Brigadier General to supply the vacancy occasioned by the resignation of David Erwin, late Brigadier General of the second Brigade in the second Division of the Militia of this State, which resignation has been duly accepted by his Excellency. Ordered, That the above; be transmitted to the house by the Secretary.

On motion of M" Jacob, Resolved, That the Debenture of Mt. Spencer and Mr. Burt, late members of Council, be made up as follows: Mr. Spencer 80 miles Travel 9.60, 2 Dys attendance 3.00, $12.60 ; M" Burt, 80 miles Travel 9.60, 2 Dys attendance 3.00, 12.60–$25.20. The following resolution was received from the house :

“ In General Assembly Oct. 12, 1801. Resolved, the Governor and Council concurring therein, that at the opening of the house this afternoon the Grand Committee meet for the purpose of appointing Judges of the Supreme Court. Extract from the Journals.

Attest JAS. ELLIOT Clerk." The same being read, Resolved, That the Governor and Council do concur therein. Ordered, That the Secretary acquaint the house therewith.

The resolution passed this day by Council, relative to the appointment of a Brigadier General, was returned from the house concurred. Adjourned to 2 O'clock P. M.

2 O'CLOCK P. M. The Governor and Council met the house of Representatives in joint Committee pursuant to the Concurrent resolutions of both houses And the ballots being taken and examined, Colonel Elisha Averill was elected Brigadier General of the 2d. Brigade in the 24. Division of the Militia of this State. The ballots being taken and examined for Judges of the Supreme Court, Israel Smith Esquire was elected Chief Judge, and Royall Tyler and Stephen Jacob Esquires, Assistant Judges. The joint Committee then dissolved, and the Governor and Council returned to their Chamber.

Benjamin Swan Esquire, Treasurer of the State, produced his bonds, and the sureties being approved, the Governor administered to him the necessary oaths.

The Council Adjourned to 9 O'clock Tomorrow morning.

TUESDAY, October 13th. 1801, 9 O'clock A. M. The Governor & Council met pursuant to adjournment, & met the house of Representatives in joint Committee for the purpose of compleating the County Elections agreeably to their adjournment, and after making progress ihereon, the said Committee adjourned untill the opening of the house tomorrow morning, and the Council returned to their Chamber.

His Excellency laid before the Council sundry papers relative to the grant of a certain Gore made to James Anderson & Company, and a request to have the Charter issued — whereupon, Resolved, That M". Strong and M". Safford be a Committee to examine the old records relative to the Grant of said Gore and report their opinion to the Council. The following resolution was recd. from the house :

- In General Assembly Oct. 12, 1801. Resolved, that a Committee consisting of a Member from each County be appointed to take under consideration the expediency of passing a law corresponding with the 33d. Section of the Constitution of this State, to join a Committee from Council. Members chosen,-Messs Ormsby, Shafter, Chipman, Stevens, Fuller, Hatch, Buel, Wing, Janes, Hinman, and Dana. Ordered that this Committee report on Thursday morning next. Extract from the Journals. Attest JAS. ELLIOT Clerk."

The same being read Resolved, That Mr. Robinson join the aforesaid Committee. The following resolution was received from the house :

“In General Assembly Oct. 12th. 1801. On motion, Ordered, that a Committee consisting of a member from each County be appointed to examine the expediency of erecting a work house to join a Committee from Council to report by bill or otherwise. Members chosen-Messs. Robinson, Roberts, Flagg, Leland, Tarbox, Painter, Lord, Bottom, Chapin, Sheldon & Wetherbee. Extract from the Journals.

Att. JA ELLIOT Clerk.The same being read, Ordered, That Mr. Marvin and Mr. Miller join the aforesaid Committee. The following order was received from the house of Representatives :

"In General Assembly Oct. 12, 1801. A petition from North Hero, another from South Isero and Middle Hero, another from Alburgh, and the fourth from the Isle of Motte, all praying for a new County, were referred to Mess. Wright, Roberts, T. Harrington, Spooner, Rich, Jon“. Fisk, Dunbar, Stanley & Williams, to join a Commiitee from Council. Extract from the Journals.

Attest JAS. ELLIOT Clerk." The same, with the several petitions alluded to, being read, Ordered, That M" Loomis join the aforesaid Committee.

A petition from Daniel Cameron, praying for a suspension of all civil prosecutions against him for the term of six years, was sent up from the house of Representatives with this order thereon :

"In General Assembly Oct. 12, 1801. Read and referred to M”. Theophilus Harrington, Mr. Richards and Mr. Olin. On motion added M". Shatter and Mr. Ormsby, to join a Committee from Council, state facts &c. Attest JAS. ELLIOT, Clerk.

And the same being read, Ordered, That Mr. Galusha join the aforesaid Committee.

The Petition of Nathaniel Brown Dodge, praying for au act suspending all civil prosecutions against him for the term of six years, was received from ihe house with this order thereon :

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