USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 15
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An act assessing a Tax of one cent on each acre of land in this State, for the purpose of building a State Prison, and for the support of Gov- ernment in this State, was received from the house with the same order on the same as on the last mentioned act [bill,] and it was Ordered. That Mr. Fletcher also join said Committee on this act.
An act ascertaining the principles on which the List of this State shall be made up &c. was received from the house with this order thereon: "In General Assembly Octr. 11, 1806. Read and referred to Mess8. D. Chipman, Muzzy, Bontell, Hunt and Dyer to join a Com- mittee from Council. Attest M. Post Clk."-which was read, and Or- dered, That Govr. Brigham join the above Committee from the house.
An act directing the mode of election of Governor, Lt. Governor, Treasurer of the State, Councillors and Representatives, was received from the house with this order thereon: "In General Assembly Octr. 11. 1806. Read and referred to Messs. A. Lyon, Hendee, and Sprout to join &c. Attest M. Post Clk."-which was read, and Ordered, That Mr. Wright join the above Committee from the house.
An act in addition to an act Entitled an act reducing into one the sev- eral acts for laying out, making, repairing and clearing highways, was received from the house with this order thereon: "In General Assembly Octr. 11, 1806. Read and referred to Messs. Olin, Porter and Tenney to join a Committee from Council. Att. M. Post Clk."-which was read,
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Governor and Council-October 1806.
and Ordered, That Mr. Loomis and Mr. Wright join the above Com- mittee.
The Governor communicated to the Council the following letter from Moses Robinson Esqr. President of the Council of Censors-
"IN COUNCIL OF CENSORS, Middlebury Octr. 11, 1806.
Sir, - I am directed by the Council of Censors to give your Excelle'y and the Council official notice of the death of Colo. Udney Hay, late member of this Board, that you may take such order as you may think proper. Your Excellency's most Obt. Servt. MOSES ROBINSON.
His Excey Isaac Tichenor Esgr. "
and the same being read, Resolved, Gov. Brigham and Mr. Niles be a Committee from Council to join such Committee as the House of Rep- resentatives may appoint, to take under their consideration the within communication from the President of the Council of Censors giving official notice of a vacancy in that board, by the death of the late Colo. Udney Hay, and to report to both houses, whether the vacancy in the said board can be constitutionally filled. Ordered, That the Secretary carry the above to the house.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- The following resolution was [resolutions were] re- ceived from the house: "In General Assembly Octr. 13, 1806. Resolved, That a Committee of three Members from this house be appointed, to join a Committee from Council, to be denominated the "Third Land Tax Committee." Members chosen, Messs. Strowbridge, Bartlett and Barney. Resolved, That a Committee of five be appointed to join a Committee from Council, to be denominated "the Committee of Claims." Members chosen, Messs. D. Chipman, Jackson, Fay, Holabird & Bot- tum. Extract from the Journals, Att. M. Post Clk "-and the same being read, Resolved, That Mr. Wheelock join the Committee from the house denominated " the Third Land Tax Committee." also Resolved, That Mr. White join the Committee from the house denominated "the Committee of Claims."
Petitions for Land Taxes on Brownington and Roxbury and a remon- strance from the Inhabitants of Roxbury against granting a Tax on sd Town, were received from the house with this order on each: " In Gen- eral Assembly Octr. 13, 1806. Referred to the Second Land Tax Com- mittee to join &c. Att. M. Post Clk" -- in which reference the Gover- nor & Council concurred.
Petitions for Land Taxes on the Towns of Warren, Navy [Charles- ton, ] Random [Brighton,] and Westmore, were received from the house with this order on each: "In General Assembly Octr. 13, 1806. Refer- red to the Third Land Tax Committee to join &c. Att. M. Post Clk." -in which reference the Governor and Council concurred.
A Petition from sundry Inhabitants of the Town of Pittsfield, for a grant of a Turnpike Road thro' said Town, was received from the house with this order thereon: "In General Assembly Octr. 13, 1806. Read and referred to the Second Turnpike Committee to join &c. Att. M. Post Clk "-which was read, & Resolved, To concur with the house in the said reference.
A Petition from Jas, Richardson, praying for a suspension of civil suits against him for ten years, and one from Ozi Baker, praying for an act to suspend civil suits against him for the term of two years, were received from the house with this order on each: " In General Assem- bly Octr. 13, 1806. Read and referred to the Committee of suspension &c. to join &c. Att. M. Post Clk"-which were severally read, & it was Resolved, To concur with the house in their said reference.
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Governor and Council-October 1806.
A Petition from the Listers of Plymouth, and one from the Selectmen of Wells, praying a remission of the state Taxes on account of Errors in making out the Grand List on said Towns, were recd. from the house with this order on each: " In General Assembly Octr. 13, 1806. Read and referred to the Committee of Claims to join &c. Att. M. Post Clk." -in which reference the Governor and Council Concurred.
Adjourned untill 9 O'clock Tomorrow morning.
MIDDLEBURY, Tuesday, October 14th, 1806, 9 O'clock A. M. The Council met pursuant to adjournment.
The following resolution was received from the house-" In General Assembly Octr. 13, 1806. Resolved, That a Committee be appointed, consisting of a Member from each County, to join such Committee as the Governor and Council may appoint, to be denominated " the Bank Committee." Members chosen, Messs. Richardson, Mather, Thompson, Olin, Thayer, Emerson, Leavenworth, Neilson, Walbridge, Ellsworth, Hyde and Boyden. Extract from the Journals, Att. M. Post Clk."- which was read and Ordered, That Gov. Brigham, Mr. Niles, and Mr. Galusha be a Come, from Council to join the above Committee from the house.
Petitions for Banks to be established at Brattleboro', in Caledonia County, at Danville, at Rutland, and at Middlebury, were received from the house with this order on each: "In General Assembly Octr. 13, 1806. Read and referred to the Bank Committee. Att. M. Post Clk "-in which reference the Governor and Council concurred.
The Petition of Wm. Barton was received from the house with this order thereon: "In General Assembly Octr. 13, 1806. Read and referred to Messs. Chase, Wetherbee, Rich, Hendee & Hutchins to join a Com- mittee from Council. Att. M. Post Clk"-which was read and Ordered, That Mr. Chittenden join the above Committee.
A bill Entitled An act granting a Turnpike road from Manchester to Chester was received from the house with this order thereon: "In General Assembly Octr. 13, 1806. Called up and referred to the first Turnpike Committee to join. Att. M. Post Clerk"-in which reference Governor and Council coucurred.
The report of the Committee of the General Assembly on the Charter of Deweysburgh, referred from the last session of the Legislature, was recd from the house with this order thereon: "In General Assembly Octr. 13, 1806. Read and referred to Messs. Morris, Chase, & Bradley to join a Committee from Council. Att. M. Post Clerk"-which was read and Ordered, That Mr. Niles join the above mentioned Committee.
A Petition from Jonathan Parker was received from the house with this order thereon: "In General Assembly Oct. 13, 1806. Read and referred to Messs. Whitney, Buck & Wm. C. Harrington to join a Com- mittee from Council. Att. M. Post Clk" - and being read, it was Or- dered, That Mr. Shepardson join the above Committee.
Petitions from the Inhabitants of Wardsboro' North-District and of Wardsboro' South-District, praying to be erected into two separate Towns, were received from the house with this order on each: "In General Assembly Octr. 13, 1806. Read and referred to the [committee on the] Petition of the Inhabitants of Andover to join &c. Att. M. Post Clk" -- in which reference the Governor and Council concurred.
A Communication from the Surveyor General, respecting the papers, belonging to his office, in the hands of Ira Allen late Surveyor General. was received from the house with this order thereon: " In General As-
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Governor and Council-October 1806.
sembly Octr. 13, 1806. Read and referred to Messs. Byrd, Luce and Spencer, to join Committee from Council. Att. M. Post Clk."-which was read, and Ordered, That Mr. White join said Committee from the house.
Petitions for Land Taxes on Westford, Kelly's Grant and Wheelock, were received from the house with this order on each: "In General As- sembly Octr. 13, 1806. Referred to the first Land Tax Committee to join &c. Att. M. Post Clk."-in which reference the Governor & Council concurred.
Petitions for Land Taxes on Holland and Morgan were received from the house with this order on each: "In General Assembly Octr. 13, 1806. Referred to the Second [Land] Tax Committee to join &c. Att. M. Post Clk."-in which reference the Governor & Council concurred.
Agreeably to the Concurrent resolution of both houses, the Governor and Council proceeded to the Representatives' room and met the house in joint Committee for the purpose of electing Judges of the Supreme Court of Judicature and Court of Chancery, and having accomplished the same, the Joint Committee was dissolved and the Governor and Council returned to their Chamber.1
The Honble Royall Tyler Esqr. this day elected First side or Assistant Judge of the Supreme Court of Judicature & Court of Chancery, ap- peared in the Council Chamber, signified his acceptance of that office, and the necessary oaths were administered to him by his Excellency the Governor.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following resolution was received from the house: "Resolved, That a Committee of five Members be appointed to join such Committee as the Governor and Council may appoint, to take into consideration the expediency of granting licences to Hawkers and Pedlars and the sum which ought to be assessed on such licences and report by bill or otherwise. In General Assembly Octr. 14th, 1806, this resolution was brought in on motion of leave by Mr. Shaw, read and adopted, and Messs. Shaw, C. Smith, Scott, G. Palmer & Abrm. Smith were appointed a Committee from the house. Att. M. Post Clk."-and the same being read, Ordered, That Mr. Fletcher join the above Com- mittee from the house.
An act granting a Tax of one half cent per acre on all the Lands in the Township of Alburgh, as granted by charter, was received from the house with this order thereon: "In General Assembly Octr. 14, 1806- Read and referred to the First Land Tax Committee to join &c. Att. M. Post Clerk "-and the same being read, Resolved, To concur with the house in the reference of the same.
A Petition for a Land Tax on the Town of Vineyard [Isle la Mott,] was received from. the house with this order thereon-" In General As- sembly Octr. 14, 1806, referred to the Third Land Tax Committee to join &c. Att. M. Post Clk."-in which reference the Governor and Council concurred.
A Petition for the establishmont of a Bank at Montpelier was received from the house with this order thereon: "In General Assembly Octr. 14th, 1806. Read and referred to the Bank Committee to join &c. Att. M. Post Clk"-in which reference the Governor and Council concurred.
A Petition from the Inhabitants of Westmore, praying to be annexed. to the County of Orleans, was received from the house with this order
1 Jonathan Robinson, Royall Tyler, and Theophilus Harrington were elected.
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Governor and Council-October 1806.
thereon: "In General Assembly Octr. 14, 1806. Read and referred to the Committee on the Petition of the Inhabitants of Concord to join &c. Att. M. Post Clk"-and the same being read, Resolved, To concur with the house in their said reference.
The Petition of Eliakim Spooner, praying for compensation for lands purchased of the Commissioners of Confiscation, was received from the house with this order thereon: "In General Assembly Octr. 14th, 1806. Read and referred to the Committee of Claims to join &c. Att. M. Post Clk"-and the same being read, Resolved, To concur with the house in their said reference.
An Engrossed bill, passed in the house of Representatives, Entitled "An act in addition to an act Entitled an act regulating the office and duty of Sheriff" &c. was sent up for revision and concurrence or pro- posals of amendment, and being read, Ordered, That it be referred to Mr. Wheelock.
Adjourned untill 9 O'clock To morrow morning.
MIDDLERURY, Wednesday, October 15th, 1806, 9 O'clock A. M. The Council met pursuant to adjournment.
Petitions for Land Taxes on Huntington, Lunenburgh, Braintree. Panton and Concord were received from the house with this order on each: "In General Assembly Octr. 14, 1806. Referred to the Third Land Tax Committee to join &c. Att. M. Post Clk" -- in which reference the Governor and Council concurred.
Petitions for the establishment of Banks at Burlington, Peacham and Windsor were received from the house with this order on each: "In General Assembly Octr. 14, 1806. Read and referred to the Bank Com- mittee to join &c. Att. M. Post Clk "-and the same being read, Re- solved, To concur with the house in their said reference.
The Petition of Jason Carpenter, praying for a remission of part of the State [tax] on the Town of Sharon, one from Dan1. Brown for a remission of the whole Tax on Plymouth granted in 1793, one from Abraham Morrill Jur. for relief on a certain note in favor of the State Treasurer against him, and the Petition of Sylvenus Church praying an abatement of the State Tax on the Town of Richmond for the year 1805, were received from the house with this order on each: " In Gen- eral Assembly Octr. 14, 1806. Read and referred to the Committee of Claims to join &c. Att. M. Post Clk "-and being severally read, it was Resolved, To concur with the house in their said reference.
" An act to supply the defect in a certain record " was received from the house with this order thereon: "In General Assembly Octr. 14, 1806. Read and referred to Messs. N. Chipman, Olin & J. Harrington to join a Committee from Council. Att. M. Post Clk"-which was read, and Ordered, That Mr. Shepardson join the above Committee from the house.
A Petition from the Inhabitants of Orwell, praying to be annexed to the County of Addison, was received from the house with this order thereon-" In General Assembly Octr. 14, 1806. Read and Referred to Mes8. Buck, T. Hutchinson and R. Hurd, to join a Committee from Council. Att. M. Post Clk."-and the same being read, Ordered, That Mr. Wright join the above Committee from the house.
A Petition from Joseph Cook, praying to be annexed to the Town of Weybridge, and a Petition from Benjamin Bullard and others, praying that a part of the Town of Panton may be annexed to the Town of Wey- bridge, were received from the house with this order on each: " In Gen-
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Governor and Council-October 1806.
eral Assembly Octr. 14, 1806. Read and Referred to Messs. G. Segar, Myrick & D. Brown to join a Committee from Council. Att. M. Post Clk."-which were severally read, & Ordered, That Mr. Spooner join the above Committee from the house.
Petitions for Land Taxes on the Towns of Danville and Sherburne, and a remonstrance from Chrisr. Champlin and others against the Peti- tion for a Land Tax on Sherburne, were received from the house with this order thereon: "In General Assembly Octr. 14, 1806. Referred to the Fourth Land Tax Committee to join &c. The Committee are Messs. B. Phelps, Dan1. Brown and Perkins. Att. M. Post Clk."-which were severally read, & it was Ordered, That Mr. Fletcher join the above Com- mittee from the house.
Pursuant to the concurrent resolution of both houses, the Governor and Council proceeded to the Representatives' room and met the house in joint Committee for the purpose of receiving the nominations of County Conventions and appointing the respective County Officers for the year ensuing, and having progressed in the same the joint Commit- tee adjourned untill Wednesday next at ten O'Clock A. M. then to meet in the Representatives' room. The Governor and Council returned to their chamber and adjourned untill 2 O'elk P. M.
2 O'CLOCK P. M .- A Petition from Abraham Morrill and others for a Turnpike Road, was recd from the house with this order thereon: " In General Assembly Octr. 15, 1806. Read and referred to the First Turn- pike Committee to join &c. Att. M. Post Clk."-in which reference the Governor and Council concurred.
A Petition for a Land Tax on the Town of Mt. Tabor was received from the house with this order thereon-" In General Assembly Octr. 15, 1806. Referred to the Fourth Land Tax Committee to join &c. Att. M. Post Clk."-in which reference the Governor and Council concurred.
Petitions for Land Taxes on the Towns of Concord, Lunenburgh and Deweysburgh were received from the house with this order on each: "In General Assembly Octr. 15th, 1806. Referred to the Third Land Tax Committee to join &c. Att. M. Post Clk."-in which reference the Governor and Council concurred.
A Petition from Robert Stimson, praying an abatement of part of the State Tax on the Town of Bolton for the year 1805, was received from the house with this order thereon-"In General Assembly Octr. 15, 1806. Read and referred to the Committee of Claims to join &c. Att. M. Post Clk."-and being read, it was Resolved, To concur with the house in their reference of the same.
The Letter from the President of Council of Censors, together with the resolution of Council on the same, was returned from the house by Mr. Morris, a Member, with this order of the house thereon: "In General Assembly Octr. 13, 1806. Read & Resolved that Mess. Morris, T. Hutchinson, Chase, Wm. C. Harrington & Shaw be a Committee on the part of the house to join the above Committee from the Council. Att. M. Post Clk."
Mr. Morris also informed the Council that the joint committee ap- pointed on the above Communication had reported a resolution to the house, which the house had adopted and ordered him to convey to the Governor and Council for their concurrence-which is as follows, to wit,-
" Middlebury 15 Octr. 1806. The Committee to whom was referred the Letter from the Council of Censors, giving his " Excellency the Gov- ernor and Council official notice of the death of Colo. Udney Hay, late member of the Council of Censors, that the Governor and Council may
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Governor and Council-October 1806.
take such order thereon as to them shall seem proper," report, That they do not consider a seat in the Council of Censors as an office in view of the Constitution, which the Governor and Council, or the Governor and Council and General Assembly have any power to fill in case of a va- cancy. The Council of Censors, appears to the Committee, as placed by the Constitution, entirely detached and separated from the other con- stituted authorities of the State, not accountable to any tribunal in the Government, and intended as a check on the Legislative, Judicial and Executive departments thereof, as well as to propose amendments to the Constitution. They therefore are of opinion, that no measures can be constitutionally taken, to fill the vacancy communicated.
PAUL BRIGHAM for Committee."
On which resolution the house passed the following order: " In General Assembly Octr. 15, 1806. Read, accepted and ordered to be sent to the Governor and Council for their concurrence and Mr. Morris appointed to carry up the same. Att. M. Post Clk "-and the same being read, Resolved, To coneur with the house in the acceptance of said report. Ordered, That the Secretary transmit a copy of the above report, with the proceedings of the Governor & Council and General Assembly thereon, to the President of the Council of Censors, to be communica- ted to that body.
The Petition of Asahel Baldwin, praying for compensation for the breach of an agreement made by one of the late Commissioners of Con- fiscation, was received from the house with this order thereon: "In General Assembly Octr. 15, 1806. Read and referred to the Committee of Claims to join &c. Att. M. Post Clk "-in which reference the Gov- ernor and Council concurred.
A Petition for a Turnpike Road to be granted from the end of the Waltham Turnpike to Roger A. Heirn's Ferry, was received from the house with this order thereon: "In General Assembly Octr. 15th, 1806. Read & Referred to the Second Turnpike Committee to join &c. Att. M. Post Clerk "-in which reference the Governor and Council con- curred.
Mr. Wheelock, to whom was referred the bill Entitled "An act in addi- tion to an act Entitled an act regulating the duty of Sheriff's" &e. reported that the same ought [not] to pass and become a Law, whereupon it was Resolved, To nonconcur with the house in passing said bill into a Law, & for the following reasons, to wit: It is the opinion of the Governor and Council, that no doubts or uncertainty are contained in said act to which this is proposed as an addition, as to the persons who are empow- ered to administer the oath of office to the Deputy Sheriffs, but that every Justice of the Peace within his Jurisdiction may administer such oath, and that nothing in said act can be construed to empower Sheriff's to administer the oath of office to their deputies and certify the same, and should sd act pass it may be construed to confirm the former doings of Sheriffs not authorized by said act, and would, in its nature and oper- ation, be ex post facto.
The Petition of Samuel Spring, confined in Chelsea Goal, on a sen- tence of the Supreme Court of Judicature at their September Term in Orange County A. D. 1805, praying the remission of the Fine imposed on him by sd Court and the costs of prosecution, was read. On motion of Mr. Loomis, Mr. Fisk stated the situation, ill health of the prisoner, his poverty and utter inability to pay the fine imposed on him. Ordered, That said Petition lie on the Table.
Adjourned untill 9 O'clock Tomorrow morning,
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Governor and Council-October 1806.
MIDDLEBURY, October 16th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act assessing a Tax on the Towns of South-hero and Middle-hero " [Grand Isle,] was sent up for revision &c. read, and Ordered, That it be referred to Mr. Loomis.
Petitions for Land Taxes on the Towns of Readsboro' & Reading were received from the house with this order on each: "In General As- sembly Octr. 15, 1806. Referred to the Fourth joint Land Tax Commit- tee. Att. M. Post Clk "-in which reference the Governor and Coun- cil concurred.
A Petition from Samuel Strong and others for the grant of a Turn- pike Road from Vergennes to join the Hubbardton Turnpike, and one from the Rutland and Stockbridge Turnpike Company praying an ex- tension of their Grant, from Zebedee Sprout's in Pittsfield to the Center Turnpike Road leading from Middlebury to Woodstock, were received from the house with this order on each: " In General Assembly Octr. 15th, 1806. Read & Referred to the Second Turnpike Committee to join &c. Att. M. Post Clk "-which were severally read & Resolved, To concur with the house in their reference of the same.
A Petition from the Grand Lodge of the State of Vermont, praying for an act of Incorporation, was received from the house with this order thereon: "In General Assembly Oct. 15, 1806-Read and referred to Messs. Spencer, D. Dana & Knoulton, to join a Committee from Coun- cil. Att. M. Post Clk "-which was read and Ordered, That Mr. Fletcher join the above Committee from the house.
An act to repeal an act Entitled " An act to empower the Judges of the Supreme Court of Judicature to grant bills of divorce. and to repeal parts of certain acts therein mentioned, passed Nov. 7, 1805," was re- ceived from the house with this order thereon: "In General Assembly Octr. 15, 1806. This bill was brot in on motion of leave by Mr. T. Hutch- inson, read & Referred to Messs. T. Hutchinson, Buck & Rich to join a Committee from Council. Att. M. Post Clk"-which was read, and Ordered, That Mr. Galusha join the above Committee from the house.
A Petition of Abel Jackman and others for the repeal of a law estab- lishing the jurisdictional lines between the Towns of Vershire and Cor- inth in the County of Orange. was received from the house with this order thereon: "In General Assembly Octr. 15, 1806. Read and refer- red to Mess. Moffit, T. Hurd, Rich, Duncan and E. Stevens to join a Committee from Council. Att. M. Post Clk"-and the same being read, Ordered, That Mr. Loomis join the above Committee from the house.
.
The Petition of Jos. & William Hutchins against Jacob Davis Jur. for relief in a certain cause therein mentioned, was received from the house with this order thereon: " In General Assembly Octr. 15, 1806. Read and referred to Mess. Morris, Duncan and D. Dana to join a Committee from Council. Att. M. Post Clk "-and the same being read, Ordered, That Mr. Witherell join the above Committee from the house.
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