USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 11
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Adjourned to 9 O'clock Monday Morning.
MONDAY, October 21st, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
An act explanatory of a Provision in Sundry Turnpike Grants, referred from the last Session of the Legislature, was received from the house with this order thereon: "In General Assembly Octr. 19, 1805. Read and Referred to Mess. E. Porter, Henry, E. Fitch, J. Rising and White to join Committee from Council. Attest Martin Post Clk"- which was read and it was Resolved, That Mr. Loomis join the said Committee appointed by the house.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- The following written message was received from the house: "In General Assembly Octr. 21, 1805. Resolved, that the house concur with the Governor and Council in their Amendment pro-
1 For the resolutions of North Carolina, see Appendix B.
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Governor and Council-October 1805.
posed to the resolution recommending an amendment to the Constitu- tion of the United States similar to that expressed in the Resolutions communicated from the Governor of North Carolina. Extract from the Journals, Attest Martin Post Clk."
The following resolution was received from the house: "Resolved. the Governor and Council concurring herein, that both houses meet in the Representatives' Room, at the opening of the house on Tuesday morning next, for the purpose of electing a Surveyor General and Audi- tor of accounts against this State. In General Assembly Oct. 21, 1805. Read and Passed. Att. M. Post Clk."-which was read and concurred.
A remonstrance from one hundred and fifty three Inhabitants of the Town of Fairfield, against a Petition from that Town, was received from the house with this order thereon: "In General Assembly Oct. 21, 1805. Read and referred to the Committee on the Petition of the In- habitants of Fairfield to join &c. Att. M. Post Clk"-which was read and the reference of the house thereon concurred in.
The Petitions of Christopher Roberts, and of Martin Roberts Adminis- trator of Jolin Roberts deceased, were received from the house with this order on each: "In General Assembly Octr. 21, 1805. Read and referred to Mess. Morris, Hunt and Chase to join Committee from Council. Attest Martin Post Clk"-which were severally read, and it was Re- solved, That Mr. Galusha join the Committee appointed by the house on the said Petitions.
The following resolution was read. adopted and ordered to be sent to the house for their concurrence: Resolved. The House of Representa- tives concurring herein, that both houses meet in joint Committee, at the opening of the house on Tuesday morning next, for the purpose of electing a Brigadier General, in the First Brigade, in the Third Division of the Militia of this State, in the room of Brigadier General Joseph Cook resigned.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act laying a Tax of one Cent per acre on the Town of Woodford," was sent to the Governor and Council for their Revision &c. and being read, it was on motion amended by erasing the words " Public Rights " in the first line of the Fourth Section and inserting the following words viz. "lands sequestered to public and pious uses." and then it was Re- solved, To concur with the house in passing the same into a Law as amended, and Mr. Keyes appointed to inform the house of the reasons of Council in proposing the said amendment.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act enabling Charles Miller, a subject of his Brittannic Majesty, to hold a certain parcel of lands in this State," was sent to the Governor and Council for their revision &c. read & Resolved. That it be referred to Mess8. Witherell and Shepardson.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act authorizing the Clerk of Caledonia County to make a certain record," was sent to the Governor and Council for their revision &c. which was read, and on motion Resolved, That it be referred to Mr. Wheelock.
The Committee on the Bill Entitled "An act directing the Auditor of Accounts in his duty as to allowing accounts" &c. reported that it ought not to pass into a Law, whereupon it was Resolved, To nonconcur with the House in passing the said Bill into a Law & for the following rea- son viz. That the present compensation allowed by law for the support of State Prisoners and Criminals is amply sufficient. Ordered, That the Secretary acquaint the house therewith.
An Engrossed Bill, passed in the House of Representatives, Entitled
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Governor and Council-October 1805.
" An act in addition to an act Entitled an Act reducing into one the several acts for laying out, making, repairing and clearing Highways," was sent to the Governor and Council for their revision &c. which was read, and on motion it was Resolved, To concur with the house in pass- ing the said Bill into a Law.
The resolution of Council, relative to the Choice of a Brigadier Gen- eral in the first Brigade and Third Division of the Militia of this State, was returned from the house concurred.
An act granting to Roger A. Heirn the Privilege of Keeping a Ferry was received from the house with this order thereon: " In General As- sembly Octr. 21st, 1805. Read and Referred to the Committee on the Petition of Roger A. Heirn accompanying. Att. M. Post Clk "-which was read and the reference of the house thereon concurred in.
Adjourned to 9 O'clock Tomorrow morning.
TUESDAY, October 22nd, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Governor and Council proceeded to the Representatives' Room according to adjournment, for the purpose of compleating the elections of the County Officers, and after making progress therein adjourned to ten O'clock on Thursday morning next, then to meet in the Represent- atives' room. The joint Committee then proceeded, according to the concurrent Resolutions of both houses, to the election of The Surveyor General, and the Ballots being counted, Joseph Beaman Esqr was de- clared duly elected. The Election of the Auditor of Accounts against the State on motion of Mr. Morris, was postponed untill the opening of the house on Wednesday morning of the next week. They also, in pursu- ance of the concurrent resolution of both houses, proceeded to the elec- tion of a Brigadier General of the First Brigade in the Third Division of the Militia of this State, in the room of Gen. Jos. Cook resigned. 1. The joint Committee then dissolved, and the Governor and Council re- turned to their Chamber and resumed the consideration of business.
The Petition of Jonathan Danforth and Seth Ford was again received from the House with this new order thereon: "In General Assembly Octr. 21, 1805. Report read, not accepted & recommitted to the former Committee, with the addition of Mess. A. Robinson, Barlow & Sowles to join &c. Attest M. Post Clk."-in which recommittment the Coun- cil coneurred with the addition of Mr. Chittenden on the part of the Council to said Committee.
An Engrossed Bill, passed in the house of Representatives, Entitled " An act granting a new trial in a certain case therein mentioned," was sent to the Governor and Council for their revision &e. read & Re- solved, That it be committed to Mr. Witherell for amendment.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act laying a Tax on all the lands in Parkerstown alias Medway and Parker's Gore," was sent to the Governor and Council for their re- vision &e. which was read and it was Resolved, To concur with the house in passing the said Bill into a Law.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following Engrossed Bills, passed in the House of Representatives, were sent to the Governor and Council for their revision &c .- "An Act directing the Treasurer to pay Benjamin
1 Col. Timothy F. Chipman was elected.
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Governor and Council-October 1805.
Emmons Junr. the sum therein mentioned," and "An act laying a Tax of Four Cents per acre on that part of Goshen Gore adjoining Wheelock." which were severally read & it was Resolved, To concur with the house in passing the said Bills into Laws.
The Committee on the Bill Entitled "An act authorising the Clerk of Caledonia County to make a Record respecting sales of land in Harris Gore, and declaring the same valid," reported that it ought to pass, whereupon 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 in amendment of an act Entitled an act in addition to an act Entitled an Act defining the Powers of Justices of the Peace," was sent to the Governor and Council for their revision &c. read and referred to Mess. Loomis & Wright.
The officer of the house delivered the following written message: "In General Assembly Octr. 22, 1805. Resolved to concur with the Governor and Council in their proposed amendments to the Bill Entitled "An act laying a Tax of one Cent per acre on the Town of Woodford." Extract from the Journals, Att. M. Post Clk."
The Petition of the Inhabitants of Barnet and others was received from the house with this order thereon: " In General Assembly Octr. 22, 1805. Read and Referred to Mess. Lyon, Cottle and King to join Com- mittee from Council. Attest M. Post Clk."-which was read and Mr. White appointed to join the said Committee from the house.
A Bill, referred from the last session of the Legislature, Entitled "An act in addition to an act Entitled an act for the purpose of regulating suits relative to landed property, & directing the mode of proceeding therein," was sent to the Council with this new order of the house on it: "In General Assembly Octr. 22, 1805. Read and referred to Messs. Chipman, Morris and Luce to join Committee from Council. Attest Martin Post Clk."-which was read, and Mr. Galusha appointed to join the Committee from the house on the said Bill.
Adjourned to 9 O'clock Tomorrow morning.
WEDNESDAY, October 23rd, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following resolution was sent from the house: "Whereas, Ilis Excellency the Governor of this State has transmitted to this House certain Resolutions from the State of Kentucky, which have for their object an amendment to the Constitution of the United States relative to the jurisdiction of the Courts of the United States, and Whereas, the part of that invaluable instrument, proposed to be amended, embraces many objects, which, whether retained in their present form or amended, will have effects in community by no means of an indifferent nature. and Whereas, the best possible knowledge ought to be had of existing evils, or benefits, before a single step is taken toward altering or amend- ing a compact which will not only have important effects in the affairs of our own State, but also in those of our Sister States-Therefore R(- solved, the Governor and Council concurring herein, that the further consideration of the said Resolutions be referred to the next Session of the Legislature. In General Assembly Octr. 22, 1805, Read and adopted. Att. M. Post Clk"- which Resolution was read and con- curred. 1
1 See Appendix B.
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Governor and Council-October 1805.
A Petition from the President and Fellows of Middlebury College was received from the house with this order thereon: " In General As- sembly Octr. 23, 1805. Read and Referred to Mess. Baker, S. Porter, Chase, Goodwillie and Stanley to join Committee from Council. At- test M. Post Clk "-which was read and Mess. Galusha and Wright ap- pointed to join the Committee from the house on the said Petition.
Adjourned to 2 O'clock P. M.
2 ()'CLOCK P. M .- An Engrossed Bill, passed in the House of Repre- sentatives, Entitled "An act granting relief to the Company for render- ing Connecticut River Navigable by Bellows Falls," was sent to the Governor and Council for their revision &c. which was read and com- mitted to Mr. Galusha for amendments, who reported sundry amend- ments to be made to the said Bill, which were adopted, and it was on motion Resolved. To concur with the house in passing the said Bill into a law as amended, and Mr. Galusha appointed to inform the house of the reasons of Council for proposing the same.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act annexing part of the Town of Peru to the Town of Mt. Holley" was sent to the Governor and Council for their revision &c. which was read, and it was Resolved, To concur with the house in passing the said Bill into a Law.
Adjourned to 9 O'clock Tomorrow morning.
THURSDAY, October 24th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
Pursuant to adjournment the Governor and Council proceeded to the Representatives' Room for the purpose of compleating the elections of the County Officers, and, after finishing the same, the joint Committee of both houses was dissolved, and the Governor and Council returned to their chamber and adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- A Remonstrance from the Inhabitants of Water- ford against a Land Tax on said Town was received from the house with this order thereon: " In General Assembly Octr. 23. 1805. Read and Referred to the First Land Tax Committee to join &c. Attest M Post Clk"-which was read and the reference of the house thereon con- curred in.
An Engrossed Bill, passed in the house of Representatives, Entitled " An act restoring John Mann Junr. to his Law," was sent to the Gov- ernor and Council for their revision &c. read and amended by inserting after the word "him" in the twelfth line of the Second Page these words, " or to be left at his last and usnal place of abode," and it was Resolved to concur with the house in passing the said bill into a Law as amended.
An Engrossed Bill, passed in the house of Representatives, Entitled " An act directing the Treasurer to pay to Joshua Beemis the sum of Twenty Dollars." was sent to the Governor and Council for their revis- ion &c. which was read and committed to Mr. Shepardson.
An Engrossed Bill, passed in the house of Representatives, Entitled " An act laying a Tax of Five cents per acre on the Town of Johnson," was sent to the Governor and Council for their revision &c. which was read and amended, and it was Resolved, To concur with the house in passing the same into a Law as amended.
On Motion of Mr. Loomis, he was excused from setting [sitting] with the Committee appointed by the house on the Petition for an Academy
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Governor and Council-October 1805.
at Newbury, and on the Petition from the Proprietors of Randolph Academy, and Govr. Brigham appointed in his room to join the Com- mittee from the house on the sd Petitions.
The Committee to whom was referred the Bill Entitled " An act granting a new Trial in a certain case therein mentioned," reported the following amendments, viz. After the word "Administrators" in the Fourth line of the Bill, insert these words, "and twelve days previous notice being given by the said Administrators to the said St. Clair, by causing a true and attested copy of this Act to be delivered to the said St. Clair, or left at his last and usual place of abode." and add these words to the bill, " together with the costs hereafter accruing "-which were adopted, & it was Resolved, To concur with the house in passing the said Bill into a Law with the said proposals of amendment, and Mr. Witherell appointed to inform the house of the reasons of the same.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act for the relief of Aaron Henry, Heman Henry, and Ebenezer Beach," was sent to the Governor and Council for their revision &c. which was read, amended, and it was Resolved, To concur with the house in passing the said Bill into a Law as amended, and Mr. Galusha appointed to inform the house of the reasons of Council in proposing the said amendments.
Adjourned to 9 O'clock Tomorrow morning.
FRIDAY, October 25th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following Engrossed Bills, passed in the house of Representatives, were sent to the Governor and Council for their revision and concur- rence or proposals of amendment: "An act suspending suits against Matthew Cole for the Term of Five Years; An act granting relief to Hosea Chubbuck;" and "An act directing the Treasurer of this State to credit to Alpheus Hall" &c. which Bills were severally read and considered, and it was Resolved, To concur with the house in passing them into Laws.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- An act in addition to an act incorporating certain persons by the name of the Rutland and Stockbridge Turnpike Com- pany was received from the house with this order thereon: " In Gen- eral Assembly Octr. 25, 1805. Read and Committed to the second Turn- pike Committee to join &c. Att. M. Post Clk."-which was read. and the reference of the house thereon concurred in.
The Petition for a Land Tax on Plymouth was again recd. from the house with this new order on the same: "In General Assembly Octr. 25th, 1805. Report Read and recommitted to the former joint Committee to examine facts &c. and make report. Attest Martin Post Clk."- in which recommittment the Council concurred.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act to establish a Bank" [at Windsor,] was sent to the Governor and Council for their revision &c. which was read and Ordered. That it lie on the Table.
An Eagrossed Bill, passed in the house of Representatives, Entitled "An act supplementary to the act establishing a Corporation by the name of the Northern Turnpike Company of Vermont," was sent to the Governor and Council for their revision &c. which was read and referred to Mess. Galusha & Keyes.
Adjourned to 9 O'clock Tomorrow morning.
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Governor and Council-October 1805.
SATURDAY, October 26th, 1805, 9 O'clk A. M.
The Council met pursuant to adjournment.
The following written message was transmitted from the house: "In General Assembly Octr. 25, 1805. Resolved to concur with the Gov- ernor and Council in their amendments to the Bill Entitled "An act laying a Tax of five cents per acre on the Town of Johnson for the pur- poses therein mentioned," and the Bill Entitled "An act restoring John Mann Junr. to his Law." Extract from the Journals, Attest Martin Post Clk."
The Committee on the Bill Entitled "An act directing the Treasurer to [pay to] Joshua Beemis the sum of Twenty Dollars," reported that it ought to pass, which was read, and it was Resolved, To concur with the house in passing the same into a Law.
An Engrossed Bill, passed in the house of Representatives. Entitled "An act laying a Tax of Two cents per acre on all the lands in the Township of Ferrisburgh," was sent to the Governor and Council for their revision &c. which was read & on motion Resolved, To concur with the house in passing the said Bill into a Law.
The Committee on the Bill Entitled "An act enabling Charles Miller, a subject of his Brittannic Majesty, to hold a certain parcel of land in this State," reported that the same ought not to pass, whereupon it was Resolved, To nonconcur with the house in passing the said Bill into a Law, for these reasons, to wit, 1st. That by the Constitution of the United States the power of regulating the naturalization of Foreigners is vested in Congress; and that the said Miller has in no part brought himself within the provision of the law passed by Congress on that subject; two of the essential requisites of which being a residence in this or some of the United States, and taking the Oaths of Allegiance, neither of which it appears that the said Miller hath done, but that he has been and still is a subject of his Brittannic Majesty; neither does he pretend that he has an intention of becoming a Citizen of this or any of the United States. 2nd. The Council, therefore, consider it inexpe- dient and impolitic to confer the rights of Citizenship upon the subject of any foreign power, solely for the purpose of enabling him to take the advantage of a Statute made for the purpose of quieting the Citizens of this State in their possessions.
The Petition of William Buckminster against John Willard for a new Trial was again received from the house with this new order thereon: "In General Assembly Octr. 25, 1805. Report read, and this Petition recommitted to the Committee on new Trials to join &c. Att. M. Post Clk"-which recommittment was concurred in.
An Engrossed Bill, passed in the house of Representatives, Entitled " An act in addition to an act Entitled an act constituting the supreme Court of Judicature," was sent to the Governor and Council for their revision &c. which was read and referred to Messs. Loomis and Wright.
The following Engrossed Bills, passed in the house of Representa- tives, were sent to the Governor and Council for their revision and con- currence or proposals of Amendment, viz. "An Act laying a Tax of two Cents per acre on the Town of Chittenden; An Act laying a Tax of four Cents per acre on the Town of Fairfax; An Act granting to Roger A. Heirn &c. the exclusive right of keeping a Ferry &c. &c. and An act to free the body of William Wallace from arrests," which Bills were sev- erally read and considered, and it was Resolved, To concur with the house in passing them into Laws.
The Petition of Jonathan Danforth and Seth Ford was a third time received from the house with this new order on it: " In General Assem- bly Octr. 25th, 1805. Report read and recommitted to the former joint
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Governor and Council-October 1805.
Committee. Attest M. Post Clk"-which recommittment was con- cnrred in.
The Committee on the Bill " Supplementary to the act establishing a Corporation by the name of the Northern Turnpike Company of Ver- mont " reported sundry amendments to be incorporated in said Bill, which were adopted & it was Resolved, To concur with the house in passing the said Bill into a Law, with the proposals of amendment, and Mr. Galusha was appointed to inform the house of the reasons of Council.
Adjourned to 9 O'clock Monday morning.
MONDAY October 28th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Committee on the Bill Entitled "an act in amendment of an act Entitled an act in addition to an act Entitled an act defining the Powers of Justices of the Peace " &c. reported sundry amendments, which were adopted, and then it was Resolved, To concur with the house in passing said Bill into a Law with the said Proposals of Amendment, and Mr. Galusha appointed to acquaint the house with the reason of Council in proposing them.
The Bill to incorporate the Bank [at Windsor] being called up, it was moved by Mr. Niles, that the Governor and Council do nonconcur with the house in passing said Bill into a Law, which was advocated by the mover and Mr. Galusha, and opposed by the Lt. Governor and Mes8. Keyes and Loomis.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- An Engrossed Bill, passed in the house of Repre- sentatives, Entitled "An act to regulate the choice of a Council of Censors," was sent to the Governor and Council for their revision &c. which was read & Resolved, To concur with the house in passing the said Bill into a Law.
Mr. Niles' motion to nonconcur in passing the Bill to incorporate a Bank being under consideration, Mess. Witherell & Niles advocated its adoption, and on the question shall the motion prevail, the yeas and nays being required by Mr. Witherell were as follows: Yeas, Mess. Galusha, Chittenden, Witherell, Spooner, Fletcher, Shepardson, Whee- lock, White, Niles, and Wright. Nays, Lt. Governor Brigham, Mess8. Loomis and Keyes. Ycas 10. Nays 3-so it was Resolved, To non- concur with the house in passing the said Bill into a Law, and the following reasons adopted and ordered to be transmitted to the house for such nonconcurrence: The Governor and Council are of opinion, that as credit may be too much restricted, so it may, also, be improperly extended: and that any further extension of it, in our country, by bank- ing operations, would be to carry it to an extent, which would be. not only useless, but hurtful to society. Credit is not less liable than money, to be misimproved, and while the misimprovement of money merely diminishes property, that of credit creates debt, and when it is employed to discharge one debt, by incurring another, nothing can commonly be gained. Those who borrow, for the purpose of discharging debts. all- ready contracted, without some fair prospect of exoneration, will, prob- ably, be still less provident, when encouraged to believe, they may make further loans to repay the present. In this way, every Banking operation, in our Country, in its present condition, seems rather, than any thing else, a vicious substitute for that industry and economy, which constitute the best portion of our means of livelihood, general ease and
6
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Governor and Council-October 1805.
affluence. The Governor and Council are further of opinion, that sud- den changes, in the quantity of circulating medium, are not less fatal to general prosperity, than all such changes in the atmosphere to the com- fort and health of mankind. They operate. powerfully, to shift property from hand to hand without at all augmenting the general wealth of a country. Banking establishments, to say the least, possess, in a very high degree, the very dangerous power, of producing such changes, in the circulation of the pecuniary medium of commerce. The Governor and Council are unwilling to augment this power, by any additions to the number of Banks, allready in operation. Neither are they willing, by overloading the system, to increase those means, by which it may ultimately sink, and, in that case, necessarily draw after it, the unavoid- able ruin of multitudes. 1
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