Page:The Green Bag (1889–1914), Volume 05.pdf/604

There was a problem when proofreading this page.

The Supreme Court of Vermont. Caldwell, fifth, judges of the court. Mr. Payne was deputy-governor of Vermont at the time of his election. Mr. Woodward, a professor in Dartmouth College, repre sented Dresden in the General Assembly. This town comprised the Dartmouth College lands in Hanover, N. H. Col. Joseph Cald well represented Cambridge, N. Y., in the Vermont Assembly. The election of a new

chief no doubt was displeasing to Judge, - — Robinson, who had served as chief the three preceding years; in six days after the election he informed the Assembly "that he should not accept his appointment as second judge of the Supe rior Court," and Paul Spooner was elected in his place. Colonel Caldwell declined on the 23d of October, and Jonas Fay was chosen. On the 26th instant Professor Woodward declined, and the vacancy was filled by electing Sim eon Olcott of Charles- • town, N.H., afterwards ISAAC F. Chief Justice of, and Senator from, that State. The General Assembly received a let ter from Mr. Olcott dated 28 January, 1782, which was probably his resignation or declina tion, for on the 1 3th of the following month Gen. Samuel Fletcher of Townsend was elected in place of Mr. Olcott, resigned, as the Assembly journal reads. Mr. Fletcher declined, and three days later John Throop was elected. Throop had served as judge the three preceding years. Mr. Fletcher elected and declined was one of the judges of the Special Court in 1778. There is nothing in the legislative record to indicate that Mr.

563

Payne resigned or declined. The dissolu tion of the union with the towns in New Hampshire, in February, 1782, made him a non-resident of Vermont; and on the 2Oth day of June, 1782, Moses Robinson was elected Chief Judge of the Superior Court. Prior to the election in October, 1781, Judges Robinson, Fasset, Spooner, Throop, and Moseley composed the court. During the succeeding eight months ten different persons were elected, one of them twice. At the end of that time the judges were Rob inson, Chief Judge, Fasset, Jr., Spooner, Throop, and Fay, the same as in October previous, save Dr. Jonas Fay was in the place of Dr. Moseley. After the election in October, 1781, until June, 1782, but one term of court was held at which any business was transacted; that was at Westminster on the first Tuesday in January, with Judges Fasset, Spooner, and Fay present; some REDFIELD. business was trans acted, and the court adjourned until the second Tuesday in June. After the election of the judges in Octo ber, 1781, the docket shows that — "At a superior court in the county of Wash ington [which was the county east of the Connec ticut River, in New Hampshire], on the fourth Tuesday in Deer. 1781 Present ELISHA PAYNE, Esqr., Chief Judge PAUL SPOONER, Esqr., Side Judge. Dec. 25. The court opened and adjourned to the first Tuesday in June, 1782. WM. GOULD, Clerk."