USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 13
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On motion, Resolved, That Mess. Wheelock and Shepardson be a Com- mittee from Council, to join such Committee as the house of Represent- atives may appoint, to receive and distribute the Election Sermons, and Proclamations for a day of Thanksgiving and Praise. Ordered, That the Secretary carry the above resolution to the house.
Adjourned to 9 O'clock Monday Morning.
DANVILLE, Monday, November 4th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
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: " An act assessing a Tax on the County of Chittenden; An act directing the appropriation of the Lands in this State heretofore granted by the Government of Great Britain to the Church of England as by Law established; An act laying a Tax of Two Cents per acre on the Town of Barnet; An act laying a Tax of Four Cents per acre on the town of Wenlock;" and "An act to extend the qualifications of Freeholders to Lessees for long terms of years," which Bills were severally read, and it was Resolved, To concur with the house in passing each of them into Laws.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act to incorporate an Artillery Company by the name of the Bur-
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Governor and Council-November 1805.
lington Volunteers," was sent to the Governor and Council for their re- vision and Concurrence or proposals of amendment, which was read and Referred to Mess. Witherell & Shepardson.
A Petition from the Colonels Forbes and Hodgkins, representing the situation of the First Brigade in the Fourth Division, otherways the Seventh Brigade of our Militia, was introduced by the Governor, read, and Referred to the Militia Committee to join from the house.
The act Establishing a Corporation, by the name of the Boston and Montreal Turnpike Company, was again read and on motion Ordered, That it be referred to Messs. Galusha and Loomis.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following written message was transmitted from the house: " In General Assembly Nov. 4th, 1805. Resolved, that this house do concur with the Governor and Council in their amend- ments to the Bill Entitled "An act to revive an act laying a Land Tax on Greensboro'," the Bill Entitled "An act in addition to an act laying a Tax of Two Cents per acre on each acre of land in the Town of Strat- ton." and the Bill Entitled "An act in addition to an act laying a Tax of Three Cents per acre on the Town of Northfield." &c. Extract from the Journals, Attest M. Post Clk."
The following Resolution was received from the house: "In General Assembly Nov. 4th, 1805. Resolved, the Governor and Council concur- ring herein, that both houses of the Legislature meet in the Represent- atives' Room. on Thursday next at two o'clock P. M. for the purpose of adjourning the General Assembly without day. Read and Adopted. Attest M. Post Clk "-which was read, and Ordered to lie on the Table.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act for explaining and altering the Laws concerning the Prosecu- tion of crimes in this State." was sent to the Governor and Council for their revision &c. and being read it was Ordered, That it be committed to Gov. Brigham & Mr. Galusha.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act in explanation of an act regulating Marriage and Divorce." was sent to the Governor and Council for their revision &c. which was read and referred to Mess. Niles & Witherell.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act in addition to an act establishing a Corporation by the name of the Williamstown Centre Turnpike Company," was sent to the Governor and Council for revision &c. & being read it was Resolved, To concur with the house in passing the said Bill into a Law.
The Committee on the act establishing a Corporation by the name of the Boston and Montreal Turnpike Company, reported sundry amend- ments thereto, which were adopted, and it was Resolved, To concur with the house in passing the said Bill into a Law, and Mr. Galusha appointed to acquaint the house therewith, inform them of the reasons of Council in proposing the said amendments and request their concurrence thereto.
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 credit of fourteen Dollars and Seventy Cents to be given to the Town of Groton," and "An act to revive an act Entitled an act laying a Tax of one and a half Cent on each acre of land in Middlesex." which Bills were severally read, and it was Resolved, To concur with the house in passing them into Laws.
An act to revive an act laying a Land Tax on Random [Brighton.] and to alter the appointment of the Committee, was sent from the house with this new order thereon: "In General Assembly Nov. 4th, 1803
Governor and Council-November 1805. 91
Read and Referred to the Third Land Tax Committee to join &c. Att. M. Post Clk"-which was read and the said reference concurred in.
Adjourned to 9 O'clock Tomorrow Morning.
TUESDAY, November 5th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following Bills, passed in the house of Representatives, were sent to the Governor and Council for their revision &c. "An act directing the Treasurer of the State to credit the Town of Barre the sum therein mentioned," and "An act authorising the Proprietors of the Town of Panton to confirm and complete the division of their Lands," which were severally read, and it was on motion Resolved, To concur with the house in passing the said Bills into Laws.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act appointing a Committee to lay out and survey a County Road from the Court House in Danville to .or near the mouth of Weld's [Wells] River," was sent to the Governor and Council for their revision &c. and being read, it was Ordered, That it be referred to Messs. With- erell, Niles and White.
The Committee on the act for altering and explaining the Laws con- cerning the prosecution of Crimes in this State, reported sundry amend- ments to the said Bill, which were adopted, and then it was Resolved. To concur with the house in passing the said Bill into a Law, as amended, and Mr. Witherell appointed to acquaint the House with the reasons of Council in proposing the same.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act restoring Ezekiel K. Bigelow to his Law," was sent to the Gov- ernor and Council for their revision &c. and being read, it was on mo- tion amended, and then it was Resolved, To concur with the house in passing the same into a Law. with the amendments. and Mr. Wright appointed to acquaint the house with the reasons of Council in propos- ing the same.
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 in addition to an act Entitled an act regu- lating the conveyance of real estates, and for the prevention of Frauds therein," was sent to the Governor and Council for their revision &c. which was read and on motion Resolved, To nonconcur with the house in passing the said Bill into a Law, and an act embracing the same object, tho' in a different form. Entitled "An act to authenticate the acknowledgment of Deeds in a certain case therein mentioned." was in- troduced. read and passed, and Ordered to be sent to the house for their concurrence, and Mr. Witherell appointed to carry both of the said Bills to the house and acquaint that body with the reasons that induced the Council to propose the said substitute.
The Committee on the Bill Entitled "An act in addition to and in ex- planation of an act regulating Marriage and Divorce," reported these amendments to be made thereto-The title of the Bill to be "An act empowering the Supreme Court to grant Bills of Divorce. and repealing certain acts therein mentioned." In the Fifth Section, after the word " That " in the first line, erase the whole Section and add the following. " the several acts heretofore passed, vesting a power in the Supreme Court to grant Bills of Divorce and regulating proceeding therein. be and the same hereby are repealed,"-which was adopted, and then Re-
.
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Governor and Council-November 1805.
solved, To concur with the house in passing the said Bill into a Law as amended, and Ordered, that the Secretary acquaint the house therewith.
An Engrossed Bill, passed in the house of Representatives. Entitled "An act directing the Auditor of Accounts against this State to audit and allow the accounts of Richard Whitney Esquire, late Secretary to the Governor and Council," was sent to the Governor and Council for their revision &c. and being read, it was Resolved, To concur with the house in passing the said Bill into a Law.
The Committee on the Bill Entitled "An act appointing a Committee to lay out and survey a County Road from the Court House in Danville to or near the mouth of Weld's [Wells] River," reported that it ought to be referred to the next session of the Legislature, whereupon it was Resolved, That the said Bill be referred accordingly, and Mr. Chittenden appointed to inform the house of the reasons of Council in proposing the said reference and request their concurrence.
"An act in addition to and explanation of an act regulating Marriage and Divorce," to which the Council had this day made certain proposals of amendment, was returned from the house by Mr. Chase with this order of that Body thereon: " In General Assembly Nov. 5, 1805. Read and Resolved to nonconcur with the Governor and Council in their amend- ments proposed to this Bill, and Mr. Chase appointed a Committee to carry up the Bill to the Governor and Council and assign the reasons of the house. Attest Martin Post CIk"-and after he had assigned the reasons, he withdrew-whereupon it was Resolved, To rescind from the said proposals of Amendment, in which the house have nonconcurred, and that this amendment be proposed to be added to the said Bill: after the word " Seven," in the Sixth line of the Fifth Section. insert these words "and the First Section of an act in addition to an act Entitled an act regulating Marriage and Divorce, passed Nov. 12th, 1802," and alter the title of the Bill so as to read "An act to empower the Judges of the Supreme Court to grant Bills of Divorce, and to repeal parts of certain acts therein mentioned," and Mr. Loomis was appointed to inform the house of the reasons of Council in proposing the same.
An Engrossed Bill, passed in the house of Representatives, Entitled " An act explanatory of a provision in sundry Turnpike grants," was sent to the Governor and Council for their revision &c. which was read. and Ordered, That it be referred to Mess. Niles, Wright and Galusha for amendment.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act to incorporate an Artillery Company in Whitingham," was sent to the Governor and Council for their revision &c. which was read and Ordered, That it be referred to Mr. Shepardson.
Adjourned to 9 O'clock Tomorrow Morning.
WEDNESDAY, November 6th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
On motion of Mr. Witherell. Resolved, To reconsider the order of Council referring the Bill Entitled "An Act appointing a Committee to lay out and survey a County Road from the Court-house in Danville to or near the mouth of Weld's [Wells] River," and that it be recommitted to the Committee heretofore appointed by the Council on the said act.
An Engrossed Bill, passed in the house of Representatives, Entitled " An Act concerning Bail," was sent to the Governor and Council for their revision &c. and being read it was Ordered, That it be referred to Mes®. Galusha and Loomis.
93
Governor and Council-November 1805.
An Engrossed Bill, passed in the house of Representatives. Entitled "An act granting the right of making and keeping a Turnpike Road from the lower Bridge over Onion River in Colchester to the Ferry from Middle-hero [Grand Isle] to Cumberland-head," was sent to the Governor and Council for revision &c. read and Ordered, That it be referred to Mr. White.
The following Engrossed Bills, passed in the house of Representatives, were sent to the Governor and Council for their revision &c. "An act laying a Tax of Four Cents per acre on Coit's Gore: An act directing the Treasurer of this State to credit the Town of Derby the sum therein mentioned; An act granting to Daniel Calkins the sum therein men- tioned; An act in addition to an act Entitled An act laying a Tax of Three Cents per acre on the Town of Ripton" &c. and "An act consti- tuting and appointing a Company of Grenadeers," which were severally read, and it was Resolved, To concur with the house in passing the said Bills into Laws.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act incorporating certain Turnpike Companies in the western Counties in this State," was sent to the Governor and Council for their revision &c. and being read, it was Ordered, That it be referred to Messs. Wright, Galnsha and White.
The following written messages were transmitted from the house: "In General Assembly Nov. 5th, 1805, Resolved to coneur with the Governor and Council in their amendments to the Bill Entitled "An act establishing a Corporation by the name of the Boston and Montreal Turnpike Company," and the Bill Entitled "An act restoring Ezekiel K. Bigelow to his Law." Extract from the Journals, Attest M. Post Clk." In General Assembly Nov. 6, 1805. Resolved to concur with the Gov- ernor and Conneil in passing the Bill Entitled "An act to authenticate the acknowledgment of Deeds in a certain case therein mentioned," and also Resolved to concur with the Governor and Council in their proposed amendments to the Bill Entitled "An act explaining the Laws for the prosecution of crimes in this State." Extract from the Journals. Attest M. Post Clk."
The Committee on the Bill Entitled "An act to incorporate an Artil- lery Company by the name of the Burlington Volunteers," reported sundry amendments to be made therein, which were adopted, and it was Resolved, To concur with the house in passing the said Bill into a Law as amended, and Mr. Witherell appointed to inform the house of the reasons of Council in proposed [proposing] the said amendments.
His Excellency the Governor made the following Communication to the Conneil-
" Gentlemen of the Council,-I find from the Commissions heretofore issued to the officers in the Brigade commanded by General Fuller, that this Brigade was distinguished as the eighth Brigade, and also from the Commissions issued to the officers in the Brigade Commanded by General Leavensworth, that this Brigade was distinguished as the Seventh Brigade, that there are no documents in the Adjutant General's Office, nor any uniform rule for numbering and distinguishing the differ- ent Brigades of Militia in this State. I do therefore order and direct. the Honorable Council advising me thereto, that the several Brigades of Militia already formed, and which may hereafter be formed, shall be distinguished by the First, Second, or Third Brigade, as the case may be. of the Divisions to which they are attached.
ISAAC TICHENOR Governor. State of Vt."
" Danville, Nov. 6, 1805."
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Governor and Council-November 1805.
Which was read, and on motion Resolved, That the Council advise his Excellency to make the regulations in numbering the Brigades of Militia in this State as is suggested in his communication.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act relating to Goals and Goalers, and for the relief of persons im- prisoned therein." was sent to the Governor and Council for their revision &c. and being read, it was Ordered, That it be referred to Mr. Witherell.
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 laying a Tax of Three Cents per aere on the Town of Easthaven." was sent to the Governor and Council for their revision &c and after being read, 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 incorporating the Passumpsic Turnpike Company," and also "An act establishing a Corporation by the name of the Woodstock and Rutland Turnpike Company," were sent to the Governor and Council for their revision &c. read. and Ordered, That they be referred to Messs Niles and Loomis.
The Committee on the Bill Entitled "an act incorporating certain Turnpike Companies in the Western Counties of this State," reported sundry amendments to be made therein, which were adopted, and on Motion 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.
The Committee on the Bill Entitled " An act granting the right of making and keeping a Turnpike Road from the lower bridge over Onion River in Colchester to the Ferry from Middle-Hero to Cumberland head," reported sundry amendments to be made therein, which were adopted, and then it was Resolved, To concur with the house in passing the said Bill into a Law as amended, and Mr. Loomis appointed to in- form the house of the reasons of Council in proposing the said amend- ments.
Adjourned to 9 O'clock Tomorrow morning.
THURSDAY, Nov. 7th, 1805, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Resolution from the house for adjourning both houses was again read, and on motion amended by inserting " Friday at 11 O'clock in the forenoon." and erasing " Thursday next at 2 O'clock in the afternoon," and Resolved, To concur with the house therein as amended.
The Committee on the Bill Entitled " An act concerning Bail," re- ported sundry amendments to be made therein, which were adopted, & Resolved, To concur with the house in passing the same into a Law as amended, and Mr. Galusha appointed to acquaint the house with the reasons of Council in proposing the said amendments.
The following Engrossed Bills, passed in the house of Representa- tives, were sent to the Governor and Council for their revision &c. "An aet laying a Tax of Three Cents per acre on the Town of Newark for the purposes therein mentioned; An act laying a Tax of Five Mills on the Dollar on the list of the Polls and Rateable Estate of the Inhabit- ants of the County of Franklin &c .; An act laying a Tax of Three Cents per acre on the Town of Brunswick, and An act relating to State
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Governor and Council-November 1805. 95
Printing," which were severally read, and it was Resolved, To concur with the house in passing each of them into Laws.
The Committee on the Bill Entitled "An Act establishing a Corpora- tion by the name of the Woodstock and Rutland Turnpike Company," reported several amendments to be made therein, which were adopted. and then it was Resolved, To concur with the house in passing the same into a Law as amended, and Mr. Loomis appointed to inform the house with the reasons of Council in proposing the said amendments.
"An act in explanation of an act laying a Tax on Wenlock," was re- ceived from the house with this order thereon: " In General Assembly Nov. 6th, 1805. This Bill was brought in by Mr. French, read and re- ferred to the First Land Tax Committee to join &c. Att. M. Post Clk " -which was read and the reference of the house concurred in.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a Corporation by the name of the Missisquoi Turn- pike Company," was sent to the Governor and Council for their revision &c. which was read, and on motion Ordered. That it be referred to Mr. Loomis.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a Corporation by the name of the Mad River Turn- pike Company," was sent to the Governor and Council for their revision &e. which was read, and on motion Ordered, That it be referred to Mr. Galusha.
The Committee on the Bill Entitled "An act incorporating the Pas- sumpsic Turnpike Company." reported several amendments to be made therein, which were adopted, and on motion Resolved, To concur with the house in passing the same into a Law, as amended, and Mr. Loomis appointed to inform the house of the reasons of Council in proposing the said amendments.
The Committee, to whom was recommitted the Bill Entitled "An act appointing a Committee to lay out and survey a County Road from the Court-house in Danville to or near the mouth of Weld's [Wells] River." reported that it ought to be referred to the next session of the Legisla- ture, whereupon it was Resolved, The house of representatives concur- ring therein, that the said Bill be referred to the next Session of the Legislature, and Mr. Chittenden appointed to inform the house of the reasons which induced the Council to propose the said reference.
The Committee on the Bill Entitled "An act to incorporate an Artil- lery Company in Whitingham," reported sundry amendments to be made therein. which were adopted, & then it was Resolved, To concur with the house in passing the said Bill into a Law, as amended. and Mr. Shepardson appointed to inform the house of the reasons of Council in proposing the said Amendments.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing the permanent seat of the Legislature at Mont- pelier," was sent to the Governor and Council for their revision &c. and being read, it was Ordered, That it be referred to Mess. Niles and White.
The Committee on the Bill Entitled "an act incorporating the Mis- sisquoi Turnpike Company," reported sundry amendments to be made to the said act, which were adopted, and then it was Resolved, To con- cur with the house in passing the said Bill into a Law, as amended. and Mr. Loomis appointed to inform the house of the reasons of Council in proposing those amendments.
The Debenture of Council for the present Session was read by the Secretary. approved, and Ordered. That it be entered on the Journals- viz.
96
Governor and Council-November 1805.
Travel.
Amount of
Travel.
Days of
Attendance.
Amount
of
Attendance.
Whole
Amount.
$ Cts.
His Hon. Paul Brigham Lt. Governor.
60
$7|20
30
$120|00
127 20
The Honble Jonas Galusha.
163
19 56
30
45
64 56
. Beriah Loomis. .
52
6 24
30
45
51|24
Noah Chittenden.
60
7|20
30
45
52|20
James Witherell.
120
14 40
30
45
59 40
Eliakim Spooner.
112
13 44
30
45
58 44
Asaph Fletcher.
98
11 76
30
45
56 76
. Samuel Shepardson.
140
16
80
30
45
61 80
Ebenezer Wheelock ..
100
12
30
45
57
.John White.
70
8 40
30
45
53|40
Nathaniel Niles.
40
4 80
30
45
49 80
Elias Keyes.
70
8 40
23
34 50
42 90
Josiah Wright
180
21 60
30
45 00
66 60
. Samuel Safford.
170
20|40
2
3
23 40
William Page Junr. Secretary.
70
8 40
30
75
83|40
David Elkins Esqr. Sheriff of Caledonia Cy ...
6
172
30
45 .
45|72
$953|82
An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a Corporation by the name of the Randolph Turn- pike Company," was sent to the Governor and Council for their revision &c. and being read, it was Ordered, That it be referred to Messs. Loomis and Galusha.
The Committee on the Bill Entitled "An act establishing a Corpora- tion by the name of the Mad River Turnpike Company," reported sun- dry amendments to be made thereto, which were adopted, and then it was Resolved, To concur with the house in passing said Bill into a Law, as amended, and Mr. Galusha appointed to inform the house of the rea- sons of Council in proposing the said amendments.
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 supply the defect of a certain record," was sent the Governor and Council for their revision &c. read and Ordered. That it be referred to Mess. Galusha and Loomis.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act in addition &c. to the act regulating and governing the Militia of this State," was sent to the Governor and Council for their revision &c. which was read, amended, & then it was Resolved, To concur with the house in passing said Bill into a Law, as amended, and Mr. Witherell appointed to inform the house of the reasons of Council in proposing the said amendments.
An Engrossed Bill. passed in the house of Representatives, Entitled "An act directing the Treasurer of this State to suspend Prosecution against Josiah Edson," was sent to the Governor and Council for their revision &c. and after being read, it was Resolved, To concur with the house in passing said Bill into a Law.
The Committee on the Bill Entitled "An act explanatory of a Provision in sundry Turnpike Grants," reported sundry amendments to be made therein, which were rejected, and then it was Resolved, To nonconcur with the house in passing the same into a Law.
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