USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 14
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An Engrossed Bill, passed in the house of Representatives, Entitled "An act supplementary to the act establishing a Corporation by the
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Governor and Council-November 1805.
name of the Caledonia Turnpike Company," was sent to the Governor and Council for their revision &c. which was read, amended, and then it was Resolved, To concur with the house in passing the same into a Law, as amended.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a County Grammar School in the Town of Guild- hall in the County of Essex," was sent to the Governor and Council for their revision &c. read, amended by erasing the word "forever " in the 4th line of the 4th Section, and then Resolved, To concur with the house in passing the same into a Law as amended.
Adjourned to 9 O'clock Tomorrow Morning.
DANVILLE, November 8th, 1805, Friday, 9 O'clock A. M.
The following Resolution was read and adopted: Resolved, The house of Representatives concurring herein, that both Branches of the Legis- lature convene in the Representatives' room at eleven O'clock this Forenoon, for the purpose of electing a Brigadier General in the First Brigade and Fourth Division of the Militia of this State in the room of Brigadier General Roswell Olcott resigned. Ordered, That the Secre- tary carry the same to the house.
The Committee to whom was referred the Bill Entitled "An act es- tablishing the permanent seat of the Legislature at Montpelier," re- ported sundry amendments to be made thereto, 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. Niles appointed to inform the house of the reasons of Council in proposing the said Amendments.1
The Committee on the Bill Entitled "An act establishing a Corpora- tion by the name of the Randolph Turnpike Company," reported sundry 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 for the same reasons which governed the Council in their proposals of Amendment to the act supplementary to the act establish- ing the Caledonia Turnpike Company.
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 in addition to an act ascertaining the principles on which the list of this State shall be made" &c .; An act directing the Committee appointed to lay out the Fair- haven Turnpike; An act making appropriations for the support of Gov- ernment; An act impowering the Governor to ascertain the northern boundary of this State; An act laying a Tax of Three Cents per acre on the Town of Granby; An act pointing out the mode of settlement with the late Secretary of State," and "An act in explanation of an act laying a Tax on Wenlock," which were severally read, and it was Resolved, To concur with the house in passing the said Bills into Laws.
The following written messages were received from the house: "In General Assembly Nov. 7, 1805. Resolved to concur with the Governor and Council in their amendments to the following Bills to wit, A Bill Entitled "An act incorporating certain Turnpike Companies in the western Counties of this State;" A Bill Entitled "An act concerning Bail;" A Bill Entitled "an act in addition to and explanation of an act regulating Marriage and Divorce;" A Bill Entitled "An act granting the privilege of making and keeping a Turnpike Road from the lower
See Appendix C.
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Governor and Council-November 1805.
Bridge over Onion River to Cumberland Head;" A Bill Entitled "an act incorporating the Passumpsic Turnpike Company;" A Bill Entitled "An act establishing a Corporation by the name of the Mad River Turn- pike Company;" A Bill Entitled " an act establishing a Corporation by the name of Missisquoi Turnpike Company;" A Bill Entitled "an act establishing a Corporation by the name of the Woodstock and Rutland Turnpike Company;" also Resolved to concur with the Governor and Council in referring to the next Session of the Legislature a Bill En- titled " an act. appointing a Committee to lay out a County Road from the Court house in Danville to Weld's [Wells] River;" and also Re- solved to concur with the Governor and Council in their amendment to the concurrent resolution for adjourning the General Assembly. Ex- tract from the Journals, Attest M. Post Clk."
"In General Assembly Nov. 8, 1805. Resolved to concur with the Governor and Council in their amendments to the following Bills, and which have become Laws of this State, to wit, "An act to incorporate an Artillery Company by the name of the Burlington Volunteers; An act to incorporate an Artillery Company in Whitingham; An act establish- ing the permanent Seat of the Legislature at Montpelier;" and "An act in addition to the Militia Bill" [Act] &c. Att. M. Post Clk G. A."
An Engrossed Bill, passed in the house of Representatives, Entitled "An act in addition to an act Entitled an act regulating the duty of Sheriffs," was sent to the Governor & Council for revision &c. and being read, it was Resolved, To nonconcur with the house in passing the said Bill into a Law.
The Committee on the Bill Entitled "an act to supply the defect of a certain record," 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. Galusha appointed to inform the house of the reasons of Council in proposing the said amendments.
The following resolution was introduced : Resolved, the house of Representatives concurring herein, that the unfinished business, re- maining at the Close of the present session, before the Governor and Council, and the House of Representatives, be laid over to the next Session of the Legislature, then to be taken up and acted upon anew, in the House of Representatives, and that the Secretary of the Council return to the Clerk of the House all the papers relating to such unfin- ished business as may then be before the Council-which was read, adopted, and Ordered, That the Secretary carry the same to the house.
A verbal message from the house, by a member, informed the Gov- ernor and Council that the house was ready to meet them in joint Com- mittee for the purpose of electing a Brigadier General of the First Brigade in the Fourth Division of our Militia, and the Governor & Council immediately proceeded to the Representatives' Room for that purpose, and having accomplished the same, returned to their Chamber.1
On motion it was Resolved, To reconsider the vote of Council non- concurring the " act in addition to an act Entitled an act regulating the duty of Sheriffs," and the "act explanatory of a provision in sundry Turnpike Grants."
An Engrossed Bill, passed in the house of Representatives, Entitled "An act establishing a Grammar School at Randolph," was sent to the Governor and Council for their revision &c. and being read was amended, and then it was Resolved, To concur with the house in passing the said
1 Abner Forbes was elected.
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Governor and Council-November 1805.
Bill into a Law, as amended, and Mr. Niles appointed to inform the house of the reasons of Council in proposing the said Amendments.
The following Message was received from the house: "In General Assembly Nov. S, 1805. Resolved to concur with the Governor and Council in their amendments to the following Bills, to wit, " An act Es- tablishing a Grammar School at Randolph; An act establishing a County Grammar-School at Guildhall " &c .; "An act supplementary to the act Establishing a Corporation by the name of the Caledonia Turnpike Company," and "An act establishing a Corporation by the name of the Randolph Turnpike Company." Att. M. Post Clk. G. A."
Mr. Morris, from the house, informed the Council that the house had concurred in the resolution, which originated in Council, laying over to the next Session the unfinished business before the legislature and that they were now ready to adjourn.
The Governor and Council accordingly proceeded to the Representa- tives' Room for the purpose above mentioned, and after an appropriate prayer by the Revd. Mr. Fitch, the Chaplain, both Houses of the Legis- lature were adjourned without day, and David Elkins Esqr. Sheriff of Caledonia Cy by direction of his Excellency the Governor made public proclamation of the same.
A true Journal,
Attest WILLIAM PAGE Junr. Secy.
THIRTIETH COUNCIL.
OCTOBER 1806 TO OCTOBER 1807.
ISAAC TICHENOR, Bennington, Governor. PAUL BRIGHAM, Norwich, Lieut. Governor.
Councillors :
NATHANIEL NILES, West Fairlee, JONAS GALUSHA, Shaftsbury, JOHN WHITE, Georgia, BERIAH LOOMIS, Thetford,
NOAH CHITTENDEN, Jericho,
JAMES WITHERELL, Fairhaven, ASAPH FLETCHER, Cavendish,
ELIAS KEYES, Stockbridge,
SAMUEL SHEPARDSON, Guilford,
EBENEZER WHEELOCK, Whiting, JOSIAH WRIGHT, Pownal.
ELIAKIM SPOONER, Westminster, 1 WILLIAM PAGE, Jr., Secretary. WILLIAM SLADE, Cornwall, Sheriff.
POLITICAL NOTE.
The foregoing list of executive officers and Councillors is the same as for the preceding year, and with the exception of Governor, the persons named were all on the ticket which had previously been agreed upon, said Spooner's Vermont Journal, by the Jeffersonians-doubtless meaning in a legislative caucus at the session of 1805. The Jeffersonian ticket also embraced, for the first time, the name of Benjamin Swan as Treas- urer. No official or other record of the entire vote for Governor can be found ; but Spooner's Vermont Journal for Sept. 15 1806 states that in seventy-nine towns Tichenor had 5065 votes, and Israel Smith 4250. The Assembly Journal shows that the votes of twenty towns were re- jected for informality, which towns gave 544 for Tichenor, 311 for Smith, and 18 scattering. The House was Jeffersonian by a very large ma- jority, as indicated by the election of Stephen R. Bradley as United States Senator, he having received 120 votes against 60 for all other persons, as is stated in Spooner's Vermont Journal for Oct. 27 1806.
The election sermon was by the Rev. THOMAS A. MERRILL.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION WITH THE GENERAL ASSEMBLY AT MIDDLE- BURY, OCTOBER, 1806.
STATE OF VERMONT. A Journal of the proceedings of the Gover- nor and Council of the State of Vermont, at their Session begun and held at Middlebury, within and for said State, on the second Thursday of October, being the ninth day of said Month, in the year of our Lord one Thousand eight hundred and six, and of the Independence of the United States the Thirty first, pursuant to the laws and Constitution of this State-Present, His Excellency Isaac Tichenor, Esqr. Governor, His Honor Paul Brigham, Esqr. Lt. Governor, of the Council The Honble Jonas Galusha, James Witherell, Nathaniel Niles, Noah Chittenden, Beriah Loomis, Samuel Shepardson, Eliakim Spooner, Asaph Fletcher, John White. Ebenezer Wheelock, and Josiah Wright Esquires. Wil- liam Page Junr. Secretary. William Slade Esqr. Sheriff of Addison County.
On motion, Resolved, That a Committee of seven be appointed, to join such Committee as the General Assembly may appoint. to receive, sort and count the Votes for Governor, Lt. Governor. Treasurer and Councillors for the year ensuing. Members Chosen, Mr. Galusha, Mr. Spooner, Mr. Niles, Mr. Fletcher, Mr. Loomis, Mr. Witherell & Mr. White. The Members composing the above Committee were sworn, in Council, to the faithful discharge of their duty. Ordered, That the Secretary carry the above resolution to the house of Representatives.
Adjourned to 4 O'clock P. M.
4 O'CLOCK P. M .- Mr. Shaw, Member of the House of Representa- tives, appeared in the Council Chamber and informed the Governor and Council that the House had convened and were now ready to meet the Governor and Council, in the Representatives' Chamber, for the purpose of hearing the report of the Committee appointed to receive, sort and count the Votes for Governor, Lt. Governor, Treasurer and Councillors for the year ensuing.
On motion, Resolved, That the Governor and Council will now pro- ceed to the House of Representatives for the above mentioned purpose. And both houses being convened in the Representatives' Chamber, the following report was handed in by Mr. Galusha, Chairman of the above Committee-
" The Committee, appointed to receive, sort and count the Votes for Governor, Lt. Governor, Treasurer and Councillors for the year ensuing, report, That his Excellency Isaac Tichenor Esqr. is elected Governor, That his Honor Paul Brigham Esqr. is elected Lt. Governor, That Ben- jamin Swan Esgr. is elected Treasurer; That Jonas Galusha, Noah Chittenden, Elias Keyes, Beriah Loomis, Nathaniel Niles, Ebenezer Wheelock, Samuel Shepardson, James Witherell, John White, Asaph
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Governor and Council-October 1806.
Fletcher, Eliakim Spooner, and Josiah Wright Esquires are elected Councillors for the year ensuing. All which is respectfully submitted, JONAS GALUSHA for Come.
October 9th, 1806 .??
and the same being read, the Sheriff of Addison County, by the direction of the Secretary of the Governor and Council, made publie proclama- tion of the same.
The Governor and Council then returned to their Chamber, and ad- journed untill 9 O'clock Tomorrow morning.
MIDDLEBURY, Friday, October 10th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment-Present, Ilis Honor Paul Brigham Lt. Governor. Of the Council The Honorle Jonas Galusha. Noah Chittenden, Beriah Loomis, Nathaniel Niles, Ebenezer Wheelock, Samuel Shepardson, John White, Asaph Fletcher, Eliakim Spooner, & Josiah Wright Esqrs. William Page Jur. Secretary, William Slade Esqr. Sheriff.
The Lt. Governor and the Councillors present proceeded to the Rep- resentatives' Room, and after an appropriate prayer by the Revd Mr. Merrill, the oaths, required by the Laws and Constitution, were adminis- istered to the Lt. Governor and the above mentioned Councillors by the Chief Justice. The Lt. Governor and Council returned to their Cham- ber and adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M .- Mr. Whitney. Member of the House of Representa- tives, appeared in the Council Chamber, and informed the Governor and Council that the House of Representatives was organized and ready to receive any communications which His Excellency the Governor might be pleased to make. Ordered, That the Secretary acquaint the house that the Governor will make his communications to both branches of the Legislature at the opening of the house tomorrow morning, in the Rep- resentatives' room.
Adjourned untill 9 O'clock Tomorrow morning.
MIDDLEBURY, Saturday, October 11th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Governor and Council proceeded to the House of Representa- tives, and after taking the oaths prescribed by the Laws and Constitu- tion, the Governor delivered the following speech. 1
The Governor and Council then returned to their chamber and com- menced the consideration of business.
The Honble James Witherell Esqr. elected a Councillor for the year ensuing, appeared in the Council Chamber, took the necessary oaths, and was admitted to a seat at the Council board.
The following resolution was received from the house: " In General Assembly Octr. 10, 1806. Resolved, that a Committee be appointed, consisting of five members of this house, to join such Committee as the Governor and Council may appoint, to be denominated "The Turnpike Committee "-Members chosen, Messs. [Abel] Spencer, [Charles] Rich, Graves, Hendee and [Jacob] Galusha,-also Resolved, That a Commit- tee of five be appointed from this House, to join a Committee from Council and be denominated the "Committee of Insolvency and Suspen-
1 See Appendix A.
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Governor and Council-October 1806.
sion "-Members chosen Messrs. [Dudley] Chase, [Samuel] Shaw, P. Smith, Rich and Hinman,-also Resolved, That a Committee of three be appointed from this house, to join a Committee from the Council, to be denominated "The First Land Tax Committee"-Members chosen. Messs. Tyrus Hurd, Henry & Richard Hurd. Extract from the Journals, Attest Martin Post Clerk "-and the same being read, Resolved, That Mr. Niles join the Committee appointed by the house denominated the "Turnpike Committee," That Mr. Galusha join the Committee appointed by the house denominated "The Committee of Insolvency & Suspen- sion," and that Mr. Shepardson join the Committee appointed by the house denominated "The First Land Tax Committee."
The following resolution was received from the house: "Resolved, That a Committee of Three Members be appointed to join such Commit- tee as the Governor and Council may appoint, to take into considera- tion the act Entitled An act directing the proceedings against the Trus- tees of concealed or absconding debtors, and to enquire whether any & what amendments of said act ought to be made, and especially to pre- vent County Courts having Jurisdiction in causes where the demand shall be under a certain sum, and to report by bill or otherwise. In General Assembly Octr. 10. 1806. Introduced by Mr. [Henry] Olin, Read and passed. & Mess. D. Chipman, T. Hutchinson and [Daniel] Buck were appointed a Committee from the house. Att. Martin Post Clerk"-and the same being read, Resolved, That Mr. Witherell join the Committee appointed by the house on said resolution.
The following Petitions for Land Taxes were received from the house. vìz. One for a Land Tax on Morristown, one for a Land Tax on West- field, one for a Land Tax on Belvidere, one from the Inhabitants of Westfield and Eden praying for a Land Tax on Kellyvale [Lowell,] one for a Land Tax on Sunderland, one for a Land Tax on Monkton, one from the Selectmen of Cabot for a Land Tax on said Town, and one from Parley Davis and others praying for a Land Tax on the Town of Montpelier for the purpose of building a State House, with this order on each: "In General Assembly Nov. [Oct. ] 10, 1806. Read and referred to the First Land Tax Committee to join &c. Attest M. Post Clk"- and the same being severally read, Resolved, To concur with the house in the said reference.
A Petition from Abijah Lathrop, praying for an act to suspend civil prosecutions against him for a term of time therein mentioned, was received from the house with this order thereon: "In General Assembly Octr. 10, 1806. Read and referred to the Committee of Suspension &c. to join from Council. Att. M. Post Clk"-and the same being read. Resolved, To concur with the house in the above reference.
A Petition from Samuel Dickinson and others, praying for leave to make a Turnpike Road from Rockingham to Massachusetts line, one from Lewis R. Morris and James Whipple for leave to make a Turnpike Road from Connecticut River in Springfield to Parker's tavern in Ches- ter, and a Remonstrance from the Weathersfield Turnpike Corporation against granting the prayer of the last mentioned Petition. were received from the house with this order on each: "In General Assembly Octr. 10, 1806. Read and referred to the Turnpike Committee to join from Council. Att. M. Post Clk"-which were severally read, and Resolved, To concur with the house in the above reference.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Council met pursuant to adjournment, and having no business before me [them,] adjourned untill 9 O'clock Mon- day morning.
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Governor and Council-October 1806.
MONDAY, October 13th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following resolutions were received from the house: "Resolved, the Governor and Council concurring therein, that the Members of both houses meet in County Conventions at 4 O'clock P. M. of Tuesday next, for the purpose of making their nominations of County officers, and that both houses meet in joint Committee, on Wednesday at 10 o'clock A. M. in the Representatives' room, for the purpose of receiving such nom- inations and making the appointment of such officers. Extract from the Journals of General Assembly Octr. 11th, 1806. Att. M. Post Clerk "_ which was read and Resolved, to concur therein. Also this Resolution: "In General Assembly Octr. 11, 1806. Resolved, the Governor and Council concurring therein, that both houses meet in the Representa- tives' room, at 10 o'clock on Tuesday morning next, for the purpose of electing the Judges of the Supreme Court for the year ensuing. Ex- tract from the Journals, Att. M. Post Clk "-which was read and con- curred. And also this Resolution: "In General Assembly Octr. 11, 1806. Resolved, That a Committee, consisting of a Member from each County, be appointed, to join a Committee from the Council, to be de- nominated the 2nd Turnpike Committee. Members chosen, Messs. Hutchins, Wetherbee, E. Robinson, Green, Farrington, N. Robinson, A. Robinson, Bump. Wheelock, Thompson, D. Palmer and Gardner. Also Resolved, That a Committee of three Members be appointed, to join a Committee from Council, to be denominated the Second Land Tax Committee. Members chosen, Messs. E. Fitch, Hammond & Hale. Extract from the Journals. Att. M. Post Clk "-which being read, it was Resolved, That Mr. White join the Committee appointed by the house denominated the " Second Turnpike Committee," and That Mr. Wright join the Committee appointed by the house denominated " the Second Land Tax Committee."
Petitions for Land Taxes on the Towns of Townsend, Windham, Sheffield, Ludlow, Underhill, & Ferrisburgh were received from the house with this order on each: "In General Assembly Oct. 11, 1806. Read & Referred to the 2nd Land Tax Committee to Join &c. Att. M. Post Clk " -- which were severally read, and it was Resolved, To concur with the house in their said reference.
A Petition for an alteration of the Waltham Turnpike, one from Na- thaniel Kilbourn and others, praying for leave to make a Turnpike Road thro' the County of Orleans to Montpelier, one from Samuel Thayer and others praying leave to make a Turnpike Road from the East end of the Windham County Turnpike to Cyrus Hill's in Bennington, and a bill Entitled an act explanatory of a provision in sundry Turnpike Grants, were received from the house with this order on each: " In Gen- eral Assembly Octr. 11th, 1806. Referred to the Second Turnpike Com- mittee to join &c. Att. M. Post Clk "-which were severally read & Resolved, To concur with the house in the above reference.
A bill Entitled "an act relating to Goals and Goalers, & for the relief of persons imprisoned therein;" A bill Entitled "An act in amendment of the 76th Section of an act &c. (respecting Mortgages;") and A bill En- titled "An act to repeal a certain act therein mentioned, except the 3d & 4th Sections thereof," were received from the house with this order on each: "In General Assembly Oct. . 11, 1806. Called up and referred to Messs. N. Chipman, Whitney & A. Lyon, to join a Committee from the Council. Att. M. Post Clerk "-which were severally read, and Or- dered, That Mr. Galusha join the said Committee on the said acts [bills.]
A Petition from Benjamin Archer, for an act to suspend civil process against him for the term of five years; a Petition from Joseph Safford
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Governor and Council-October 1806.
for an act of insolvency or suspension; a Petition from Prince B. Hall praying for an act of insolvency, and a Petition from William Baxter for an act of suspension, were recd from the house with this order on each: "In General Assembly Oct. 11, 1806. Read & Referred to the Com- mittee of Insolvency & suspension to join &c. Att. M. Post Clk." __ which were severally read and Resolved, To concur with the house in the said reference.
A Petition from the Town of Concord. praying to be annexed to the County of Caledonia, was received from the house with this order thereon: "In General Assembly Octr. 11, 1806. Read & Refª. to Mes8. Dewey, R. Lyon, Butts, D. Smith & Pond, to join &c. Att. M. Post Clk."-which was read and Ordered, That Mr. Spooner join said Com- mittee from the house.
A Petition from the Town of Andover, praying. to be erected into a separate Town with all the powers and privileges belonging to other towns in this State, was reed from the house with this order thereon: " In General Assembly Octr. 11, 1806. Read and referred to Messs. Wheatley, Emerson, C. Smith, Fox and Williams, to join a Committee from Council. Att. M. Post Clk."-which was read, and Ordered, That Mr. Loomis join the above Committee from the house.
A bill Entitled An act regulating fees, and a report of a Committee of the General Assembly of last Session accompanying the same, was re- ceived from the house with this order thereon: "In General Assembly Octr. 11, 1806. Called up and referred to Messs. D. Dana, Bullock and Noble, to join a Committee from Council. Att. M. Post Clk,"-which was read, and Ordered, That Mr. Witherell join the above Committee from the house.
An act appointing a Committee to view places for a State's Prison with a number of accompanying papers on that subject, were received from the house with this order on the same: "In General Assembly Octr. 11, 1806. Called up and referred to Messs. R. Hurd. Aiken, Spen- cer, T. Hutchinson, Rich, Chase, Wm. C. Harrington, Abm. Smith, Wil- kins, Boardman, D. Dana & Sowles to join a Comtee from Council. Att. M. Post Clk."-and it was Ordered, That Mr. Fletcher join said Com- mittee from the house.
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