USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 16
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The Communication of the Governor to the General Assembly, rela- tive to the Northern boundary line of this State, was received from the house with this order thereon: "In General Assembly Octr. 15, 1806. Called up and referred to Mess. T. Hutchinson, Spencer, Hendee, Hunt, and Chase to join a Committee from Council. Att. M. Post Clk "- whereupon, Ordered, That Mr. Niles & Mr. Shepardson join said Com- mittee.
Petitions from Truman Squier and others, from Samuel Perry and others, and from Lyman Munson and others, all praying for an altera-
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tion of time and places of the sessions of the County Courts in Benning- ton County, were received from the house with this or a similar order on each-" In General Assembly Octr. 15, 1806. Read & Referred to Mess. Shaw, Thompson, C. Smith, P. Smith and Luce to join a Commit- tee from Council. Att. M. Post Clk "-which were severally read and Ordered, That Mr. Chittenden join the said Committee from the house.
The Petition of Jacob Davis, praying an abatement of part of the State Tax of 1805 on the Town of Milton, was received from the house with this order thereon: "In General Assembly Octr. 15, 1806. Read and referred to the joint Committee of Claims. Att. M. Post Clk "-in which reference the Governor and Council concurred.
An act directing the appointment of Turnpike Inspectors and regu- lating their office and duty, was received from the house with this order thereon: "In General Assembly Octr. 15, 1806. This bill was brot. in [on] motion of leave by Mr. Olin, Read and referred to Mess. Olin, R. Hurd & Denison. 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.
An act in addition to an act Entitled "an act granting the right of making and keeping a Turnpike Road from the Lower Bridge over Onion River" &c. brot. into the house on motion of leave by Mr. A. Lyon; And a Petition from sundry persons living near the Sand Bar, praying for an alteration in the Sand-Bar Turnpike Company, were re- ceived from the house with this order on each: " In General Assembly Octr. 15, 1806. Read and referred to the First Turnpike Committee to join &c. Att. M. Post Clk "-and being severally read, Resolved, To concur with the house in their said reference of the same.
Petitions from Thomas H. Parker and Peter Taft, praying that acts might be passed suspending civil process against them for a certain term of years, were received from the house with this order thereon: "In General Assembly Octr. 15, 1806. Read & Referred to the Committee of Suspensions &c. to join &c. Att. M. Post Clk"-and being severally read, Resolved, To concur with the house in their said reference of the same.
The Petition of Stephen Fisk, for the Grant of a small Island in Lake Memphremagog, was received from the honse with this order thereon: "In General Assembly Octr. 15th, 1806. Read and referred to Messs. Leavenworth, Morrill & Kennan, to join a Committee from Council. Att. M. Post Clk"-and the same being read, Ordered, That Mr. Spooner join the above Committee from the house.
The Petition of Daniel S. Bartram for a new trial in a certain criminal indictment against him, and one from Archibald Prichard for a new trial in a certain case between him and Joseph Peck, were received from the house with this order on each: "In General Assembly Octr. 16, 1806, read & referred to Mess. Olin, A. Lyon and Roberts to join Committee from Council to be denominated "the Committee on new trials." Att. M. Post Clk"-and being severally read, Ordered, That Mr. Niles join the above Committee from the house.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- An Engrossed Bill, passed in the house of Repre- sentatives, Entitled "An act directing the Treasurer to pay Benjamin Emmons Junr. the sum therein mentioned," was sent up for revision and Concurrence or proposals of amendment, and being read, Resolved, To concur with the house in passing said bill into a Law.
The Committee to whom was referred the bill Entitled "an act assess- ing a Tax on the Towns of South-hero and Middle-hero," reported that 8
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Governor and Council-October 1806.
said bill ought to pass into a Law-whereupon, Resolved, To concur with the house in passing said bill into a Law.
The following resolution was received from the house: "In General Assembly Octr. 16, 1806. Resolved, the Governor and Council concur- ring therein, that both houses meet in joint Committee, in the Repre- sentatives' Room, at ten O'clock Tomorrow morning, for the purpose of electing an Auditor of Accounts against this State for the year ensuing. Read & adopted. Att. M. Post Clk"-and the same being read, Re- solved, To concur with the house therein.
Four Petitions for a State Bank at Woodstock were reced. from the house with this, order on each-"In General Assembly Oct. 16th, 1806. Read and referred to the Bank Committee to join &c. Att. M. Post Clk"-and being read, Resolved, To concur with the house in their said reference.
A Petition for a Land Tax on Westford was again receivd. from the house with this new order thereon: "In General Assembly Octr. 16th, 1806, report read and recommitted to former joint Committee. Att. M. Post Clk"-in which recommittment the Governor & Council concurred.
IN COUNCIL at Middlebury Octr. 16, 1806.
Present, His Honor Paul Brigham Lt. Governor, Of the Council, The Honorable Jonas Galusha, Noah Chittenden, Beriah Loomis, Nathaniel Niles, Samuel Shepardson, James Witherell, John White, Asaph Fletcher. Eliakim Spooner and Josiah Wright Esquires. William Page Junr. Secretary-William Slade Esqr. Sheriff. The Council took under consideration the Petition of Samuel Spring, stating that he was con- victed, before the Honble Supreme Court of Judicature, holden at Chel- sea, within and for the County of Orange, on the First Tuesday, next following the Fourth Tuesday of August A. D. 1805, of uttering certain false and counterfeit Bank Bills, and was sentenced by said Court, among other things, to pay a fine of Four hundred Dollars, and costs of pros- ecution, and stand committed, untill sentence be complied with, repre- senting his utter inability to pay said Fine and costs, or any part thereof, and praying that the Governor and Council would remit the said Fine and Costs-and, on the Question shall the Fine imposed as aforesaid on the said Samuel Spring be remitted, the yeas and nays being required by Mr. Witherell were as follows-Yeas, Messs. Chittenden, Loomis, Witherell, White, Fletcher, Spooner and Wright. Nays, Messs. Galu- sha, Niles and Shepardson. Yeas 7. Nays 3. Whereupon, after a full examination of the premises, and mature deliberation being had thereon, It is Ordered and adjudged, That the said Fine of Four hundred dollars, imposed on the said Samuel Spring by the Supreme Court aforesaid, be. and the same is hereby remitted-And the Sheriff of our County of Or- ange and all others concerned will take due notice hereof, and govern themselves accordingly.
Adjourned untill 9 O'clock Tomorrow morning.
FRIDAY October 17, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
Two Petitions from sundry Inhabitants of Chittenden County, praying for the removal of the County Buildings from Burlington to a more central situation, and a remonstrance from the Inhabitants of Deweys- burgh against annexing said Town to Peacham, were received from the house with this or a similar order on each: " In General Assembly Octr. 16, 1806. Read and referred to Mess. Spencer, Porter, J. Brown, J. Stone & Baxter to join &c. Att. M. Post Clk."-and the same being
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Governor and Council-October 1806.
read, Ordered, That Mr. Spooner join the above Committee from the house.
A Petition from Timo. F. Chipman and Henry Hall, praying the Leg- islature to pay them for a Field piece purchased for the third Regiment in the First Brigade and Third Division of our Militia, was reced from the house with this order thereon: "In General Assembly Octr. 16th, 1806. Read and referred to Messs. Hendee, Leffingwell and Fox to join a Committee from Council. Att. M. Post Cik."-which was read, and Ordered, That Govr. Brigham join the above Committee from the house.
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 an Auditor of accounts against the State for the year ensuing, and having accomplished the same the joint Committee was dissolved and the Governor and Council return'd to their chamber and adjourned untill 2 O'clock P. M.1
2 O'CLOCK P. M .- A Petition from the Town of Springfield for a new County to be formed from the Counties of Windsor & Windham, was received from the house with this order thereon: "In General Assem- bly Octr. 17, 1806. Read and together with the accompanying Petitious of the Inhabitants of Chester, Andover, Weston, Grafton, Windham, Weathersfield and other Towns referred to Messs. C. Smith, D. Dana, D. Chipman, Newell and Galusha to join a Committee from Council. Att. M. Post Clk"-and being read, Ordered, That Mr. White & Mr. Wright join the above Committee.
A Petition for a Turnpike Road from Middlebury to Sudbury, one from Cyrus Clark and Charles Rich for a grant [of ] a Turnpike road from Vergennes to the Fairhaven Turnpike, one from the Stamford Turnpike Company praying that the limitation of the Grant made to said Company might be taken off, one from Sylvester Deming and oth- ers for a grant of a Turnpike road thro' Manchester, Sunderland and Arlington, and one from the Fairhaven Turnpike Company praying for an alteration in their grant, were received from the house with this order on each-"In General Assembly Octr. 17, 1806. Read and re- ferred to the Second Turnpike Company [committee] to join &c. Att. M. Post Clk."-and being severally read, Resolved, To concur with the house in their reference of the same.
A Petition for a Turnpike Road, from the First Branch of White River, thro' Chelsea to Willard's Tavern in Barre, was received from the house with this order thereon-" In General Assenibly Octr. 17, 1806. Read and referred to the First Turnpike Committee to join &c. Att. M. Post Clk "-and the same being read, Resolved, To concur with the house in their said reference ..
A Petition for removing the County Buildings in the County of Chit- tenden was received from the house with this order thereon: " In Gen- eral Assembly Octr. 17, 1806. Read and referred to the Committee ap- pointed on the Petition of sundry Inhabitants of Chittenden County to join &c. Att. M. Post Clk "-and being read, Resolved, To concur with the house in their reference of the same.
The Petition of James Boyl 2 for a new trial on a criminal prosecu- tion against him, was received from the house with this order thereon: "In General Assembly Octr. 17, 1806. Read & referred to the joint
1 Alexander Hutchinson was elected.
? Bayle in the Assembly Journal.
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Governor and Council-October 1806.
Committee of new Trials. Att. M. Post Clk "-and the same being read, Resolved, To concur with the house in their said reference.
The Petition of Silas Hathaway, praying that an act might be passed to suspend civil prosecutions against him and to free his body from ar- rest for the Term of seven years, was received from the house with this order thereon-" In General Assembly Octr. 17. 1806. Read and refer- red to the Committee of Suspension &c. 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 John Johnson and others for an act to incorporate them and others by the name of the "Burlington Mechanic Associa- tion," was received from the house with this order thereon: " In General Assembly Octr. 17, 1806. Read & referred to the Committee on the Pe- tition of the Grand Lodge to join &c. Att. M. Post Clk "-and the same being read, Resolved, To concur with the house in their said Ref- erence.
On Motion, Mr. Loomis obtained leave to bring in a bill Entitled " an act in addition to an act Entitled an act for the support of schools," which was read and Ordered, That it be referred to Messs. Loomis and Spooner.
A Petition for a Land Tax on the Town of Hancock was received from the house with this order thereon: " In General Assembly Octr. 17, 1806. Referred to the Fourth Joint Land Tax Committee. Att. M. Post Clk "-in which reference the Governor and Council concurred.
A Petition for a Land Tax on the Town of Hopkinville [Hopkins- ville, now Kirby, ] was received from the house with this order thereon: " In General Assembly Octr. 17, 1806, referred to the Third Joint Land Tax Committee. Att. M. Post Clk " -- in which reference the Governor and Council concurred.
The Petition of John Durkee praying for an allowance for a mistake made in the Grand List of the Town of Stockbridge for the year 1805, and one from Seth Crow,1 praying that compensation might be made him for lands now situated in the State of New York by the running of the divisional line between this State and that, were received from the house with this order on each: "In General Assembly Oct. 17, 1806. Read and referred to the Joint Committee of Claims. Att. M. Post Clk"-which were read and Resolved, To concur with the house in their said reference.
The Petition of Norman Webber for relief in laying the Centre Turn- pike Road thro' his Farm, was received from the house with this order thereon: "In General Assembly Octr. 17, 1806. Read and referred to Mess. Sam Collins, Wilmarth, and Henry to join a Committee from Council. Att. M. Post Clk"-and the same being read, Ordered, That Mr. Shepardson join the above Committee from the house.
Petitions from the Selectmen of Windham and Londonderry, respect- ing the public lands in said Towns, were received from the house with this or a similar order on each: "In General Assembly Octr. 17, 1806. Read and Referred to Messs. Duncan, T. Hutchinson and P. Smith, to join a Committee from Council. Att. M. Post Clk"-which was read and Ordered, That Mr. Spooner join the above Committee from the house.
Adjourned untill 9 O'clock To morrow morning.
1 Craw in the Assembly journal. .
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Governor and Council-October 1806.
SATURDAY, October 18rh, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
An Engrossed bill, passed in the house of Representatives, Entitd "An aet constituting a Company of Artillery in the Town of Bakersfield," was sent up for revision & read, and it was Resolved, To coneur with the house in passing said bill into a Law.
The Hon1. Elias Keyes Esqr elected a Councillor for the year ensuing. appeared in the Council Chamber, signified his acceptance of that office. and the oaths prescribed by the Constitution being administered to him by the Lt. Governor, he took his seat at the Council Board.
On Motion, Mr. Shepardson obtained leave to introduce a bill Entitled "An act in addition to an act Entitled an act ascertaining the principles on which the list of this State shall be made," which was read & Or- dered, That it lie on the table.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Petition of Nathaniel Moseley, for an act of suspension, was received from the house with this order thereon: " In General Assembly Octr. 18, 1806. Read and referred to the joint Com- mittee of suspension &c. Att. M. Post Clk."-which was read, and Re- solved, To concur with the house in the said reference.
A Petition for a Bank at Westminster was received from the house with this order thereon: "In General Assembly Oetr. 18. 1806. Read and referred to the joint Committee on Banks. Att. M. Post Clk." and the same being read, Resolved, To coneur with the house in their said reference.
The following Resolution was received from the house-" In General Assembly Octr. 18, 1806. Resolved that the General Assembly do hereby request the Governor and Council to transmit to the President of the United States, information of the measures directed and taken by this Government, to ascertain the Northward boundary of this State, and the result of the observations and calculations made for that pur- pose, and request the General Government to take proper measures to ascertain and fix the North line of this State. And also that they trans- mit to the Governor of the State of New York the like information, that the Government of New York may cooperate with this State in the same objeet, if they should deem it worthy of their attention. Read and adopted. Att. M. Post Clk."-and the same being read, Ordered, That it lie on the Table.
Adjourned untill 9 O'clock on Monday Morning.
MONDAY, October 20th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
Two Petitions for a Land Tax on the Town of Lunenburgh were again received from the house with this new order thereon: "In Gen- eral Assembly Octr. 18, 1806. Report read and Petitions recommitted to the same Committee to Join &c. Att. M. Post Clk."-in which re- committment the Governor and Council concurred.
The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act constituting and appointing a Company of Light Infantry in the First Regiment in the Second Brigade and Fourth Division of the Militia of this State," and "An act constituting and appointing a Company of Light Infantry in the second Regiment, Second Brigade and second Division of the Militia of this State," and the said bills being severally read, Ordered, That they be referred to Mr. Galusha and Mr. Wright.
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Governor and Council-October 1806.
"An aet in addition to an act Entitled an aet establishing a County Grammar School at Norwich in the County of Windsor" was received from the house with this order thereon: "In General Assembly Octr 16th, 1806. This bill was brot. in on motion of Mr. Buek, read and or- dered to lie on the table. Oetr. 18, Referred to Messs. Hendee, Henry & Whitney to join a Committee from Council. Att. M. Post Clk"-and the same being read, Ordered, That Mr. Loomis join the above Commit- tee from the house.
"An aet enabling Charles Miller, a subject of his Brittannic Majesty, to hold certain lands," was received from the house with this order thereon: "In General Assembly Oetr. 18th, 1806. Read and referred to Messs. Buek, Rich, Moffit, D. Dana, and Beach, to join a Committee from Conneil. Att. M. Post Clk"-and the same being read, Ordered, That Mr. Keyes join the above Committee from the house.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- "An aet directing the Treasurer to pay to Jesse Leavenworth the sum therein mentioned," was received from the house with this order thereon: "In General Assembly Oetr. 20, 1806. This bill was brot. in on motion of leave by Mr. Moffit, read and referred to the Joint Committee of Claims. Att. M. Post Clk"-which was read, and Resolved, To concur with the house in their said reference.
The Petition for a Land Tax on Holland was again received from the house with this new order thereon-"In General Assembly Octr. 20, 1806. Report read and ordered that the Petition be recommitted to the former Joint Committee. Att. M. Post Clk"-In which recommittment the Governor and Council concurred.
The following resolution was received from the house: "In General Assembly Oetr. 20, 1806. Resolved, the Governor and Council concurring herein, that both branches of the Legislature meet in their separate houses tomorrow morning at ten O'clock, and then and there proceed to ballot for some suitable person as a Senator to represent this State in the Senate of the United States, for six years from and after the third day of March next, and that immediately afterwards, both houses meet in jont Committee, in the Representatives' room, for the purpose of declaring the person elected .- And that if the two houses do not agree on the same person, that, then, they proceed by joint Ballot to elcet a suitable person as Senator as aforesaid. Read and adopted. Att. M. Post Clk"-and the same being read, Resolved, To concur therein.
The following resolution was received from the house-"In General Assembly Octr. 20, 1806. Resolved, That a Committee of three be ap- pointed to join such Committee as the Governor and Council shall appoint, to take into consideration "an act defining what shall be deemed and adjudged a legal settlement, and for the support of the poor, for designating the duties and powers of the overseers of the poor, and for the Punishment of idle and disorderly persons," and also "an act for the relief of Idiots and distracted persons," and to report to this house, by bill or bills, or otherwise, what alterations and amendments, if any, are necessary in said acts. Read and Adopted, and Messs. Bradley, D. Chipman and Potter appointed a Committee from the house. Extract from the Journals, Att. M. Post Clk"-which was read, and Ordered, That Mr. Keyes join the Committee appointed by the house on the above resolution.
The Committee on the bill Entitled "An aet constituting and appoint- ing a Company of Light Infantry in the Second Regiment, second Bri- gade and second division of the Militia of this State," reported sundry amendments to be made to the same, which were adopted, and it was
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Governor and Council-October 1806.
Resolved, To concur with the house in passing said bill into a Law, with the said proposals of amendment, and Mr. Galusha was requested to in- form the house of the reasons of Council for proposing the same.
The Committee on the bill Entitled " an act constituting and estab- lishing a Company of Light Infantry in the first Regiment in the second Brigade and fourth Division of the Militia of this State," reported sun- dry amendments to be made in the same, 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 reasons of Council in proposing said amendments.
The following bills, passed in the house of Representatives, were sent up for revision & concurrence or proposals of amendment: "An act lay- ing a Tax of four cents per acre on the Town of Townsend," and "An act laying a Tax of two cents per acre on the Town of Belvidere," and being severally read and considered. Resolved. To concur with the house in passing them into Laws.
Adjourned untill 9 O'elk Tomorrow morning.
TUESDAY, October 21st, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
Ordered. That the Secretary acquaint the house of Representatives that the Governor and Council are now ready in their chamber to pro- ceed by ballot to the choice of a Senator to represent this State in the Congress of the United States, for six years from and after the third day of March next.
Mr. Shaw, Member of the house of Representatives, appeared in the Council Chamber and informed the Governor and Council that the house would instantly proceed, by ballot, to the choice of Senator as aforesd.
On motion, Resolved, That the Governor and Council do now proceed to ballot for some suitable person for Senator as aforesaid-and the bal- lots being taken, sorted and counted, The Honble Stephen R. Bradley Esqr. had a Majority of all the votes and was declared duly elected on the part of the Council.
Mr. Wm. C. Harrington. Member of the house of Representatives, ap- peared in the Council Chamber and informed the Governor and Council that the house had balloted for a Senator and were now ready to meet the Governor and Council, in the Representatives' Room, compare their respective nominations, and proceed according to law.
The Governor and Council accordingly proceeded to the Representa- tives' room, for the purpose above mentioned, and met the house in joint Committee, when the above proceedings of the Governor and Council were read, and the proceedings of the house as follows-
"In General Assembly Octr. 21, 1806 .- Pursuant to the concurrent res- olution of both houses of the 20th Inst. the General Assembly proceeded to ballot for a person to represent this State in the Senate of the United States for six years from and after the third day of March next. The ballots being taken, sorted, counted and examined, the Hon. Stephen R. Bradley Esquire was duly elected on the part of the house. Extract from the Journals of Assembly, Att. M. Post Clk." And it appearing that the Hon1. Stephen R. Bradley Esqr. had a majority of all the Votes in both branches of the Legislature, he was declared duly elected a Senator to represent this State in the Congress of the United States for the Term of six years from and after the third day of March next-And public proclamation of the same was made by the Sheriff of Addison
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County by the direction of his Excellency the Governor-and the Gov- ernor & Council returned to their Chamber.
An Engrossed bill, passed in the house of Representatives, Entitled "An act altering the name of Billymead in the County of Caledonia to that of Exeter " was sent up for revision &c. and being read & Consid- ered, Resolved, To nonconcur with the house in passing said bill into a Law, and for the following reasons, viz .- It appears to the Governor and Council that the alteration of the Charter name of a Town ought never to take place without good reasons, as landowners, living at a dis- tance, would be unlikely to hear of the same and might be deceived in the grauting of Land Taxes on their lands in said Town, as they would be advertised by another name after four Years, and by that means loose their lands-and as the only reason offered by the Petitioners for altering the name of said Town is its length, the same reason would apply for al- terations in the names of nearly half the Towns in this State-and further, on all future trials, involving the title of land in said Town, this special act must be procured, as the new name to be given said Town contravenes all former conveyances.
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