USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 10
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An act incorporating an Academy at Rutland in the County of Rut- land and State of Vermont, referred from the last Session of the Legis- lature, and a Petition from the Proprietors of Raudolph Academy, were received in Council with this new order of the house on each-" In General Assembly Octr. 15, 1805-Read and Referred to the Committee on the Petition of the Inhabitants of Castleton to join &c. Att. Martin Post Clk." -- which was read and it was Resolved, To concur with the house in the said reference.
IN COUNCIL at Danville, October 15th, 1805.
Present, His Honor Paul Brigham Lt. Governor, of the Council The Honorable Jonas Galusha, Beriah Loomis, Noah Chittenden, James Witherell, Eliakim Spooner, Asaph Fletcher, Samuel Shepardson, Eb- enezer Wheelock, John White, Nathaniel Niles, Elias Keyes and Jo- siah Wright Esquires. William Page Jur. Secretary.
The Petition of Samuel Spring, praying to be released and discharged from the payment of a fine of four hundred Dollars and Costs of prose- cution amounting to Seventy Dollars, imposed upon him by the Hon1. Supreme Court of Judicature at the Term of said Court holden at Chel- sea, within and for the County of Orange, on the first Tuesday of Sep- tember now last past, for uttering and passing counterfeit Bank Bills, was read, and after a full hearing on the Part of the Petitioner, by Counsel, and on the part of Dudley Chase Esqr. State's Attorney for said Orange County, it was Ordered and Adjudged, unanimously, that the Prayer of the said Petition be not granted.
The Petition of Russell Underwood, stating that he was convicted before the hon1. Supreme Court of Judicature at the Term of said Court holden at Chelsea, within and for the County of Orange, on the first Tuesday of September now last past, of uttering and passing counter- feit Bank Bills, and was sentenced, among other things, by said Court, to pay a fine to the Treasury of this State of one hundred Dollars, and Costs of Prosecution, and praying to be released from the payment of the same, was read and after a full hearing on the part of the Petitioner, by his Counsel, and on the part of Dudley Chase Esquire, State's Attor- ney of said Orange County, it was, unanimously, Ordered and Adjudged. That the Prayer of said Petition be not granted.
Attest WILLIAM PAGE Jur. Secy.
A Petition from the Town of St. Albans, praying for the Grant of a Turnpike Road, was received from the house with this order thereon. "In General Assembly Octr. 15, 1805-Read & Referred to the Turn- pike Committee to join. Att. M. Post Clk."-in which reference the Council concurred.
A Petition for a Land Tax on Wenlock and Brunswick was received from the house with the following order thereon-" In General Assem- bly Octr. 15th, 1805-Read and Referred to the first Land Tax Committee to join &c. Att. M. Post Clk."-in which reference the Council con- curred.
A Petition for a Land Tax on Plymouth was received from the house with this order thereon-" In General Assembly Octr. 15, 1805-Read &
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Governor and Council-October 1805.
Referred to the Second Land Tax Committee to join &c. Attest Mar- tin Post Clk."-in which reference the Council concurred.
A Petition from the Inhabitants of Marshfield was received from the house with this order thereon-"In General Assembly Octr. 15, 1805 - Read & Referred to Messs. Chipman, Morris and Knight to join Com- mittee from Council. Att. M. Post Clerk"-which Petition and order being read, it was Resolved, That Mr. Loomis join the aforesaid Com- mittee from the house.
Adjourned to 9 O'clock tomorrow morning.
WEDNESDAY, October 16th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
Pursuant to the joint Resolution of both houses, the Governor and Council proceeded to the Representatives' Room to meet the House of Representatives in joint Committee for the purpose of receiving the Nominations of the several County Conventions and appointing the Civil Officers in the respective Counties, and after making progress in said business, the joint Committee was adjourned until Saturday morn- ing next at ten o'clock to meet in the Representatives' Room. The Council then returned to their Chamber and adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Petition of Jonathan Danforth and Seth Ford was received from the house with this order thereon-"In General Assembly Octr. 16, 1805-Read and Referred to the Committee on the Petition of Thomas Procter to join &c. Att. M. Post Clk"-which was read, and it was Resolved, To concur with the house in the said Reference.
The Petition of Jonathan Holton was sent from the house with this order on it-"In General Assembly Octr. 16, 1805-Read & Referred to Messs. Chipman, C. Smith & S. Porter to join Committee from Couneil. Attest Martin Post Clk"-which Petition and order of the house being read, it was Resolved, That Mr. Wright join the said Committee from the house.
The Petition of Sylvanus Brigham, praying for an act of Insolvency, was sent from the house with this order thereon-"In General Assembly Octr. 16, 1805-Read & Referred to the Committee of Insolvency &e. to join &c. Att. M. Post Clk"-which was read and the said reference concurred in.
The Petition of James Tracy and others, Two Petitions from the Inhabitants of Fairfield and one from the Inhabitants of Sheldon were received from the house with this order on each-"In General Assembly Octr. 16, 1805-Read and Referred to Mess. Chipman, Painter and Pom- eroy to join &c. Att. M. Post Clk"-which Petitions and orders thereon being read, it was Resolved, That Mr. Chittenden join the aforesaid Committee from the house.
The Petition of Abel Jackman and others, praying for the repeal of the law establishing the jurisdictional line between the Towns of Vershire and Corinth was received from the house with this order thereon-"In General Assembly Octr. 16, 1805-Read & Referred to Messs. Gardner, Dennison, Pearl, Arnold and Clap to join Committee from Council. Att. M. Post Clk"-which Petition and order being read, it was Re- solved, That Messs. Spooner & White join the Committee appointed by the house thereon.
The Petition of Ebenezer Weld and John Weld for an act of Suspen- sion, was received from the house with this order thereon-"In General Assembly Octr. 16, 1805-Read and Referred to the Committee of Insol-
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Governor and Council-October 1805.
vency, &c. to join &c. Attest M. Post Clk"-which was read and it was Resolved to concur with the house in the aforesaid reference.
A Petition for a Land Tax on Hopkinville [Kirby,] and one for a Land Tax on the Towns of Fairfax, Cambridge, Johnson, Hydepark, Wolcott, Hardwick, Walden and Danville were received from the house with the following order on each-"In General Assembly Octr. 16, 1805- Read and Referred to the First Land Tax Committee to join &c. Att. M. Post Clk"-which Petitions and orders thereon being read, it was Resolved, To concur with the house in their reference of the same.
A Petition from Concord for a Bank was received from the house with this order on it-"In General Assembly Octr. 16, 1805-Read and Referred to the Committee on Banks to join &c. Att. M. Post Clk"- which was read and it was Resolved, To concur with the reference as by them made.
The Petition of Joseph Jacobs for a new Trial, and a Petition for a new trial in the action of John Mann Jur against Josiah Rogers, were received from the house with this order on each-" In General Assem- bly Octr. 16, 1805-Read and Referred to the Committee on new Trials to join &c. Att. M. Post Clk."-which were severally read, and it was Resolved. To concur with the house in their reference of the same.
The following Petitions for Turnpike Roads, one from Lewis R. Mor- ris and his associates, and two for a Turnpike Road from Wells River to St. Johnsbury were received from the house with this order on each -" In General Assembly Octr. 16, 1805-Read & Referred to the First Turnpike Committee to join &c. Att. M. Post Clk."-in which refer- ence the Council concurred.
The Petition of the Proprietors of Berkshire was received from the house with this order thereon-"In General Assembly Octr. 16, 1805- Read & Referred to Messs. House, Sergeant & Crossman to join Com- mittee from Council. Att. M. Post Clk."-which Petition and order thereon being read, it was Resolved, That Mr. Keyes join the Committee from the house thereon.
An act Establishing a [State ] Bank was received from the house with this order on it-" In General Assembly Octr. 16, 1805-Brot. in on leave by Mr. [Elihu] Luce, read and referred to the Committee on Banks to join. Attest Martin Post Clk." -- in which reference the Council con- curred.
Adjourned to 9 O'clock Tomorrow morning.
THURSDAY October 17th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Petition of Nathaniel P. Sawyer and others, praying that the Governor and Council would issue a Charter for the Township of Ster- ling, which the Petitioners state has never been done, was read, and it was referred to Mr. Witherell to make enquiries at the Treasurer's office whether the Granting Fees have ever been paid by the Grantees of said Township.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following Resolution was received from the house-" In General Assembly Octr. 17, 1805-Resolved, the Governor and Council concurring herein, that the Members of both houses con- vene in the Representatives' Room, at the opening of the house in the morning, on Friday next, for the purpose of Electing the Judges of the Supreme Court for the year ensuing. Read, adopted and ordered to be
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Governor and Council-October 1805.
sent to the Governor & Council for their Concurrence. Att. M. Post Clk."-which was read and concurred.
The following Resolution was also received from the House-" Re- solved, that a Committee of Three be appointed by this house to join Committee from Council, to take into consideration the laws relating to the Prosecution of Persons accused of crimes against the State, to see what alterations and explanations are therein necessary, and report to this house by bill or otherwise. In General Assembly Octr. 17, 1805- Read, adopted & Messs. Chipman, Morris & Wm. Chamberlin appointed a Committee on the part of this house. Att. M. Post Clk."-which was read, concurred and Mr. Witherell appointed from Council to join the said Committee from the house.
The following Resolution was received from the house-" In General Assembly Octr. 16th, 1805-on motion of Mr. Rich Resolved, That bis Excellency the Governor, by and with the advice of Council, be re- quested to appoint Thursday the fifth day of December next to be ob- served as a day of Public Thanksgiving and Praise throughout this State. Extract from the Journals, Att. M. Post Clk."-which was read & it was Resolved, That the Council advise his Excellency the Governor to issue his Proclamation for the purpose mentioned in the sd Resolution.
A Petition for a Turnpike Road from Newbury thro' Ryegate and Part of Barnet, A Petition for one through Ryegate woods, one for a Turnpike Road leading through the County of Orange, and a Remon- strance from the Town of Guilford against the Turnpike Road through Windhan County, were received from the house with this order on each-"In General Assembly Octr. 17, 1805-Read & Referred to the . First Turnpike Committee to join &c. Att. M. Post Clk."- which were severally read and it was Resolved, To concur with the house in the said reference.
The following Petitions for Land Taxes, one from the Town of St. Johnsbury, and one from the Proprietors and Landowners of Barnet, were received from the house with this order on each-" In General As- sembly Octr. 17, 1805-Read & Referred to the First Land Tax Com- mittee to join &c. Attest M. Post Clk."-in which reference of the house the Council concurred.
A Petition for a Land Tax on Newark . & Easthaven was recd. from the house with this order thereon-" In General Assembly Octr. 17, 1805-Read and referred to the Third Land Tax Committee to join &c. Attest M. Post Clk."-in which reference the Council concurred.
The Petition of the Company for rendering Connecticut River Navi- gable by Bellows Falls was received from the house with this order thereon-"In General Assembly Octr. 17, 1805-Read and Referred to Mess. [Asa] Lyon, S. Porter, Knight, Whitney and A. Chamberlin to join Committee from Council. Att. M. Post Clk."-which Petition and order thereon being read, it was Resolved, That Mr. Wright join the Committee from the house on sd Petition.
A Petition from Sundry Inhabitants of Peru was received from the house with this order on it: "In General Assembly Octr. 17, 1805-Read and referred to Mess. Owen, Leach and Underhill to join Committee from Council. Att. M. Post Clk."-which was read and Mr. Wheelock appointed a Committee on the part of the Council.
The Petition of Frye Bayley, and one from Benjamin Bayley first Constable of Groton, were received from the house with this order on each: "In General Assembly Octr. 17, 1805. Read and referred to the Committee on State Taxes to join &c. Att. M. Post Clk "-in which reference the Council concurred.
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Governor and Council-October 1805.
The Petition of Stephen Fisk, and one from Seth Ford and others, were received from the house with this order on each: " In General As- sembly Octr. 17, 1805. Read & Referred to the Committee on the Peti- tion of the Proprietors of Berkshire to join. Att. M. Post Clk"-in which reference the Council concurred.
The Petition of Daniel S. Bartram for a New Trial, and one from Ezekiel K. Bigelow against Jonathan Drewry, were received from the house with this order on each: "In General Assembly Oct. 17, 1805. Read and Referred to the Committee on new trials to join &c. Attest Martin Post Clk "-which were read and the reference of the house concurred in.
A Petition from Isaac Bundy and others was received from the house with this order thereon: "In General Assembly Octr. 17, 1805. Read and referred to the Committee on the Petition of the Selectmen of Cas- tleton. Attest M. Post Clk"-in which reference the Council con- curred.
Adjourned to 9 O'clock tomorrow morning.
DANVILLE, Friday, October 18th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
Pursuant to the Concurrent Resolution of both houses, the Governor and Council proceeded to the Representatives' Room for the purpose of electing the Judges of the Supreme Court, and having accomplished the same, returned to their Chamber and resumed the consideration of business. 1
The following resolution was sent from the house: "Resolved that a Committee of three be appointed on the part of this house, to join such Committee as shall be appointed by the Council, to consider of the ex- pediency of extending the qualifications of Jurors and appraisers of lands, and to other cases, to lessees of lands for terms of years. In General Assembly Octr. 17, 1805. Read and Referred to Messs. Chip- man. Chase and Leavenworth to join Committee from Council. Att. M. Post Clk "-which was read, and it was Resolved, That Mr. With- erell join the Committee appointed by the house on the aforesaid Reso- lution.
A Petition from the Inhabitants of Wheelock, Lessees of the Trus- tees of Dartmouth College, praying to be admitted to the privileges of Freeholders, was received from the house with this order thereon: " In General Assembly Octr. 17, 1805. Read and referred to the Committee on Mr. Chipman's resolution on the same subject, to join Committee from Council. Attest M. Post Clk"-in which reference the Council concurred.
A Petition from the Town of Waterford, for a Turnpike Road thro' Ryegate woods, and one from David Sheldon and others for a Turnpike Road, were received from the house with this order on each: " In Gen- eral Assembly Octr. 17, 1805. Read and Referred to the First Turnpike Committee to join &c. Att. M. Post Clk"-in which reference the Council concurred.
The Petitions of B. Goodhue and William Wallace, for acts of Sus- pension, were received from the house with this order on each: " In General Assembly Octr. 17, 1805. Read and Referred to the Committee
' Jonathan Robinson, Royall Tyler, and Theophilus Harrington were elected Judges.
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Governor and Council-October 1805.
of Insolvency &c. to join &c. Att. M. Post Clk "-which were read and the reference of the house thereon concurred in.
A Petition from the Inhabitants of the Town of Barre was received from the house with this order thereon. "In General Assembly Octr. 17, 1805. Read and Referred to the Committee on State Taxes to join &c. Att. M. Post Clk "-which was read and the reference of the house thereon concurred in.
A Petition for a Land Tax on the Town of Waterford was received from the house with this order minnted on the same: "In General Assembly Octr. 17, 1805. Read and referred to the Third Land Tax Committee to join &c. Attest M. Post Clk"-which was read and the reference of the house thereon concurred in.
The Petition of [Gen.] William Barton was received from the house with this order of that body on it: "In General Assembly Octr. 17, 1805. Referred to Messs. [Arad] Hunt, Pearl, Shaw, Bullock and Hurd to join Committee from Council. Att. M. Post Clk" -- && it was Resolved, That Mr. Wright join the Committee from the house on said Petition.
Mr. Witherell, the Committee on the Petition of Nathaniel P. Sawyer and others, for a Charter for Sterling, reported that he was satisfied the Granting fees for said Township had been paid, by an enquiry and examination at the Treasurer's office. And the said Petition being under consideration, it was Resolved, That His Excellency the Governor be advised and requested to issue a Charter of Iucorporation for the Township of Sterling, to the Proprietors whose names are in the list certified by the Land Committee, under such Terms, Restrictions and Reservations as are comprised in the Charters of other towns granted by this State.
Adjourned to 9 O'clock Tomorrow morning.
SATURDAY, October 19th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
A Petition for a Turnpike Road through this State in a direction from Montreal to Boston, was received from the house with this order thereon: "In General Assembly Octr. 18th, 1805. Read and Referred to the First Turnpike Committee to join &c. Att. M. Post Clk"-which was read, and the reference of the house thereon concurred in.
The Petition of the Inhabitants of Montpelier, for a new County, was received from the house with this order thereon: "In General Assembly Octr. 18th, 1805. Read and referred to Messs. Wheatley, Leavenworth, Stanley and Cameron to join Committee from Council. Att. M. Post Clk"-which was read, and it was Resolved, That Mr. Niles join the Committee from the house on the said Petition.
Four Petitions for a new County, one from the Inhabitants of More- town, one from Faystown, one from Calais, and one from Waitsfield, were received from the house with this order on each: "In General Assembly Octr. 1Sth, 1805. Read and Referred to the Committee on the Petition of the Inhabitants of Montpelier to join &c. Att. M. Post Clk"-which were read and the reference thereon concurred in.
A Petition from the Inhabitants of Deweysburgh was received from the house with this order thereon: "In General Assembly Oct. 18, 1805. Read and referred to Messs. S. Bayley, Muzzy, and Holton to join Com- mittee from Council. Attest M. Post Clk"-which was read, and it was Resolved, That Mr. Galusha join the Committee appointed by the house on the aforesaid Petition.
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Governor and Council-October 1805.
A Petition from the Caledonia Turnpike Company was received from the house with this order on the same: " In General Assembly Octr. 18, 1805. Read and Referred to the second Turnpike Committee to join &c. Att. M. Post Clk."-which was read and the reference of the house thereon concurred in.
Pursuant to Adjournment the Governor and Council proceeded to the Representatives' Room for the purpose of compleating the appoint- ment of County Officers. and, after making progress in the same, ad- journed to Tuesday next at ten o'clock in the forenoon, to meet in the Representatives' Room, and the Council returned to their Chamber and resumed the consideration of business.
A Petition from the Town of Newbury for an academy was received from the house with this order thereon: "In General Assembly Octr. 18, 1805. Read and Referred to the Committee on the Petition of the Selectmen of Castleton to join &c. Att. M. Post Clk."-which was read, and the reference of the house thereon concurred in.
An Engrossed Bill, passed in the house of Representatives, was sent to the Governor and Council for their revision and concurrence or pro- posals of Amendment, Entitled "an Act directing the Treasurer of this State to pay William Hewes the sum therein mentioned," which was read and it was Resolved, To concur with the house in passing the said Bill into a Law.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act directing the Auditor of accounts in his duty as to the allowing accounts &c." was sent to the Governor and Council for their revision &c. & being read, it was on motion Resolved, That it be referred to Mr. Shepardson.
The Honorable Royall Tyler Esquire appeared in Council and The Governor administered to him the oaths, prescribed by the Constitution and Laws of this State, faithfully to execute the Office of Side or Assis- tant Judge of the Supreme Court of Judicature and Court of Chancery for the year ensuing.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- A Petition from the Inhabitants of Concord was again received from the house with this new order thereon: " In Gen- eral Assembly Octr. 19th, 1805. Report read and Petition recommitted to join &c. Attest Martin Post Clk"-in which recommittment the Council concurred.
An act appointing a Committee to lay out a Road in Woodstock was received from the house with this order thereon: " In General Assem- bly Octr. 19th, 1805. Read and Referred to the Committee on the Peti- tion of the Inhabitants of Woodstock to join &c. Att. M. Post Clk."- which was read and it was Resolved, That Mr. Fletcher join the Com- mittee alluded to in the order of the house on the foregoing Bill.
A petition from the Inhabitants of Fairfax for a land Tax was received from the house with this order thereon: " In General Assembly Octr. 19tl., 1805. Read and Referred to the Third Land Tax Committee to join &c. Attest M. Post Clk."-which was read and the reference of the house thereon concurred in.
An act directing the Treasurer of this State to pay to Timothy F. Chipman the sum therein mentioned, was received from the house with this order thereon: " In General Assembly Octr. 19, 1805: This Bill was brought in on Motion of Mr. Rich, Read and Referred to the Militia Committee to join &c. Att. M. Post Clk."-which was read and the order of the house thereon concurred in.
The Petition of Roger A. Heirn was again received from the house
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Governor and Council-October 1805.
with this new order thereon: "In General Assembly Octr. 19th, 1805. Report read and recommitted to same Committee to join &c. Attest Martin Post Clk."-in which recommittment the Council concurred.
An Act establishing the Sand-Bar Turnpike Company was received from the house with this order thereon: "In General Assembly Octr. 19, 1805. Read and Referred to the First Turnpike Committee to join &c. Att.' M. Post Clk."-in which reference the Council concurred ..
An Act assessing a Tax of Four Cents per acre on the west part of Goshen Gore adjoining Wheelock in Caledonia County was received from the house with this order on the same: "In General Assembly Octr. 19th, 1805. Read & Referred to the First Land Tax Committee to join &c. Attest M. Post Clk."-which was read and the reference of the honse thereon concurred in.
The following Resolution was sent from the house: "In General Assembly Octr. 17, 1805. Resolved, That our Senators in the Congress of the United States be instructed, and our Representatives requested, to take all legal and necessary steps, and to use their utmost exertions, as soon as the same is practicable, to obtain an amendment to the Fed- eral Constitution, so as to empower the Congress of the United States to pass a Law, whenever they may deem it expedient, to prevent the further importation of Slaves or people of color from any of the West India Islands, from the Coast of Africa or elsewhere, into the United States, or any part thereof. Resolved, Therefore, that the Governor be, and he is hereby requested to transmit Copies of the foregoing resolu- tion to our Senators and Representatives in Congress, and also to the Executives of all the different States in the Union, with a request that the same may be be laid before their respective Legislatures, for their concurrence and adoption. Ordered to be sent to the Governor and Council for their Concurrence. Att. M. Post Clk"-which was read, and on motion amended by adding the following Preamble -- "Whereas the Governor of this State has laid before this Assembly a Resolution of the Legislature of North Carolina, dated Decr- 4th, A. D. 1804, propos- ing such an Amendment to the Constitution of the United States as shall authorize Congress to prevent the importation of Slaves into the United States"-which resolution was adopted and concurred in as amended, and Mr. Niles requested to inform the house of the reasons of Council in proposing such amendment.1
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