USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 17
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Adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M .- An act laying a Tax of one cent on each acre of land in Caledonia County was received from the house with this order thereon: "In General Assembly Octr. 21, 1806. This bill was brot in on motion of leave by Mr. Moffit, read and referred to Messs. Potter, West- gate, and E. Fitch to join a Committee from Council. Att. M. Post Clk."-and being read, Ordered, That Mr. Galusha join the above Com- mittee from the house.
A bill, passed in the house of Representatives, Entitled "An act to incorporate the Proprietors of an Acqueduct in the East Parish in Westminster in the County of Windham," was sent up for revision &c. read and Ordered, That it be referred to Mr. Witherell for amendment
An Engrossed bill, passed in the house of Representatives, Entitled "An act directing the Treasurer to pay Dr. Samuel Williams the sum therein mentioned," was sent up for revision &c. & being read, was amended by inserting after the word " State," in the sixth line, these words, "for his services and expences in ascertaining the Northern Boundary thereof," and then it was Resolved, To concur with the house in passing the same into a law, as amended.
Mr. Witherell, to whom was referred the bill Entitled " An act to in- corporate the Proprietors of an acqueduct in the East Parish in West- minster in the County of Windham," reported sundry amendments to be made to said bill, which were adopted, and then it was Resolved, To concur with the house in passing the same into a law, as amended, and Mr. Witherell was appointed to inform the house of the reasons of Council in proposing said amendments.
Adjourned until 9 O'clk Tomorrow morning.
WEDNESDAY, October 22nd, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Governor and Council proceeded to the Representatives' room and met the house in joint Committee, agreeably to the adjournment, for the purpose of compleating the Election of the County Officers for the year ensuing, and having progressed in the same, the joint Commit. tee adjourned untill Tuesday next at ten o'clk A. M. and the Gover- nor & Council returned to their Chamber and adjourned untill 2 o'clock P. M.
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Governor and Council-October 1806.
2 O'CLOCK P. M .- Benjamin Swan Esquire, elected Treasurer of the State for the year ensuing, appeared in the Council Chamber, produced his bonds executed according to Law, which being approved by the Council, the necessary oaths were administered to him by the Governor.
An act granting to George Tiffany and Stephen Judd certain rights &c. in Otter Creek, was received from the house with this order thereon: "In General Assembly Octr. 22nd, 1806. Read the first time and refer- red to Messs. Brigham, Newell & Fox to join a Committee from Coun- cil. Att. M. Post Clk "-and the same being read, Ordered, That Mr. White join said Committee from the house.
A Petition from the Inhabitants of Essex, for an additional act ena- bling them to perfect their divisional and other land lines and titles, was received from the house with this order thereon: " In General Assem- bly Octr. 23 [13,] 1806. Read and referred to Messs. Clap, Brigham and Littlefield. Octr. 22d, The Committee ordered to join a Committee from Council. Att. M. Post Clerk"-and the same being read, Ordered. That Mr. Wheelock join the above Committee from the house.
An act establishing the Town lines of Berkshire was received from the house with this order thereon: "In General Assembly Octr. 22d. 1806. Read and referred to Messs. Edson, Sheldon, and Emerson to join a Committee from Council. Att. M. Post Clk"-and the same being read, Ordered, That Mr. Chittenden join the above Committee.
The following resolution was received from the house: "In General Assembly Octr. 22, 1806. Resolved, That a Committee of five, to join a Committee from Council, be appointed to enquire into the validity of the Charter of the Township of Wheelock, and make report to this house. Read and adopted, and Messs. Chase, D. Chipman, Moffit. A. Lyon and Potter were appointed a Committee from the house. Att. M. Post Clerk "-which was read and Ordered, That Mr. Keyes and Mr. Wheelock join the above Committee.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act appropriating a sum of money therein mentioned for defraying the Expences of the Council of Censors," was sent up for revision and concurrence or proposals of amendment, and being read, it was Re- solved, To concur with the house in passing the said bill into a Law.
Adjourned untill 9 O'clock Tomorrow morning.
THURSDAY, October 23rd, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following bills. passed in the house of Representatives, were sent up for revision and Concurrence or proposals of amendment: " An act annexing Marvin's Gore to the Town of Highgate," " An act directing the Treasurer to credit the Town of Plymouth the sum therein men- tioned." and " An act to legalize the first meeting of the Passumpsic Turnpike Company "-and the same being severally read and consid- ered, Resolved, To concur with the house in passing them into laws, re- spectively.
Adjourned to 2 O'elk P. M.
2 O'CLOCK P. M .- An Engrossed bill, passed in the house of Repre- sentatives, Entitled " An act laying a Tax of two cents per acre on the Town of Morristown," was sent up for revision &c. read, and Resolved, To concur with the house in passing said bill into a law.
Adjourned untill 9 O'clock Tomorrow morning.
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Governor and Council-October 1806.
FRIDAY, October 24th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Petition of William Barton was again received from the house with this new order thereon : " In General Assembly Octr. 17th, 1806. Report read and ordered to lie on the table and be made the order of the day on Tuesday next. Octr. 24. Called up, report read, and with the Petition recommitted to the former joint Committee with the addition of Mess6. Wheatley and Denison from the house, with directions to state facts and make report. Att. M. Post Clk"-and the said report and order of the house being read, Resolved, To concur in the said recon- mittment of the house thereon.
The following resolution was received from the house-" In General Assembly Octr. 24th, 1806. Resolved, The Governor and Council con- curring therein. that both houses meet in the Representatives' room at 10 o'clock on Tuesday morning next, for the purpose of appointing a Judge of the County Court of Rutland County, to supply the vacancy made by the resignation of Nathan B. Graham in said Court, to the first day of December next. Extract from the Journal-Att. M. Post Clk." -which was read, and Resolved, To concur with the house therein with this proposal of amendment to be made to the same, [by adding the words ] " and also a Surveyor General for the year ensuing."
The Petition of Jonathan Parker was again received from the house with this new order thereon-" In General Assembly Octr. 24th, 1806. Ordered, That the Petition be recommitted to the former joint Commit- tee. Att. M. Post Clk "- in which recommittment the Governor & Couneil concurred.
Adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M .- An Engrossed bill, passed in the house of Repre- sentatives, Entitled "An act relating to the State Printing," was sent up for revision &c. read, and Ordered, That it be referred to Mr. Galusha and Mr. Loomis.
Mr. Chittenden, the Committee appointed on the "act establishing the town lines of Berkshire," requested to be excused from serving as a Committee on said bill, as he was interested in some of the towns which might be affected by the determination of this bill, whereupon Re- solved, That he be excused, & that Govr. Brigham be appointed in his room.
On motion of Mr. Galusha, he was excused from sitting as one of the Committee appointed by the Council on the " act laying a Tax of one cent on each acre of land in the County of Caledonia," and Mr. Keyes appointed in his stead.
The Committee to whom was referred the bill Entitled "An act relat- ing to State printing," reported sundry amendments to be made to the same, which were rejected, and on motion, the bill was amended by in- serting in the 9th line, after the word " on." these words, " and on a page equal in size to that of the Laws of the United States." and on Motion of Gov. Brigham, that the word " Four " in the fifth line be erased and the word " two " be inserted in its stead, the Yeas and Nays being re- quired by Mr. Spooner were as follows-viz .- Yeas, Govr. Brigham, Mess8. Galusha, Chittenden. Keyes, Loomis, Niles and Fletcher. Nays, Messs. Wheelock, Shepardson, Witherell, White, Spooner and Wright. Yeas 7, Nays 6, so the amendment was adopted, and on motion Re- solved, To concur with the house in passing the said bill into a Law. as amended. and Mr. Galusha requested to inform the house of the reasons of Council for proposing said amendments.
Adjourned untill 9 O'clock Tomorrow morning.
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Governor and Council-October 1806.
SATURDAY, October 25th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
On motion, Resolved, The house of Representatives concurring herein, that the Governor and Council and house of Representatives meet in joint Committee in the Representatives' room, at ten O'clock A. M. of Tuesday next for the purpose of electing a Brigadier General of the Second Brigade and Second Division of the Militia of this State, to supply the vacancy occasioned by the resignation of Amos Kellogg- -also for the purpose of electing a Brigadier General of the second Brig- ade and fourth Division of our Militia, to supply the vacancy occasioned by the resignation of Parley Davis-and also for the purpose of electing a Brigadier General of the third Brigade and fourth Division of our Mili- tia, to supply the vacancy occasioned by the resignation of Joel Roberts. Ordered, That the Sheriff carry the above resolution to the house.
The following communication was received from the house: " In Council of Censors, Middlebury, Octr. 21st, 1806. Resolved, That this Council recommend to the Legislature now sitting to repeal the Second Section of an act Entitled " An act to empower the Judges of the Su- preme Court to grant Bills of Divorce, and to repeal parts of certain acts therein mentioned," for that the Council consider said section to in- fringe upon the rights of Citizens, as granted by the 39th Section of the Constitution of this State. Extract from the Journals -- Attest Isaac Clark Secy. Pro Tem "-on which resolution the house had passed this order: "In General Assembly Octr. 24, 1806. Read and referred to the joint Committee on the bill brought in by Mr. Hutchinson on the same subject as the within. 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 laying a Tax of three cents per acre on the Town of Underhill," was sent up for revision &e. read, and Ordered, To lie on the table.
Adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M .- An act regulating Attornies' fees in certain cases was received from the house with this order thereon: "In General As- sembly Octr. 24th, 1806. Read and referred to the Committee on the fee Bill, to join &c. Att. M. Post Clk "-and the same being read. Re- solved, To concur with the house in their said reference.
A bill Entitled " An act laying a tax of one and a half cent per acre on Kellyvale " [Lowell, ] was received from the house with this order thereon: "In General Assembly Octr. 25th, 1806. Read the second time and on motion recommitted to the First joint land Tax Committee. Att. M. Post Clk"-in which recommittment the Governor & Conneil coneurred.
The following resolution was received from the house-" In General Assembly Octr. 25, 1806. Resolved that a Committee of three members be appointed from this house, to join such Committee as the Governor and Council may appoint, to take into consideration the law relating to Grand Jurors and to enquire whether it is expedient so to modify the law as that the Grand Jury when sitting before the Supreme Court may enquire after neglects in repairing roads and bridges and to enquire for offences against the laws which direct the licencing of retailers and tav- ernkeepers, and to present bills of indictment when found to the County Courts. Members chosen on the part of the house, Messs. Olin, Chase and T. Hutchinson. Extract from the Journals, Att. M. Post Clk "- and the same being read, Ordered, That Mr. Galusha join the Committee from the house on the aforesaid resolution.
The following resolution was received from the house-" In General
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Governor and Council-October 1806.
Assembly Octr. 25, 1806. Resolved, that there be a Committee ap- pointed, consisting of three Members, to join a Committee from Coun- cil, to take under consideration " an act Entitled an act regulating the office and duty of Sheriff, High-Bailiff, their respective Deputies, and Constables," and report to this house such alterations and amendments, if any, as they may deem necessary and expedient, by bill or otherwise. Read, adopted and Messs. Wm. C. Harrington, Spencer and Dewey ap- pointed a Committee on the part of the house. Att. M. Post Clk "_ and the same being read, Ordered, That Governor Brigham join the aforesaid Committee from the house.
A bill Entitled An act establishing the town lines of Berkshire was again received from the house with this new order thereon: " In Gen- eral Assembly Octr. 25th, 1806. Read and recommitted to former joint Committee. Att. M. Post Clk"-in which recommittment the Gov- ernor & Council concurred.
Adjourned untill 9 O'clock on Monday Morning.
MONDAY, October 27th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
A bill Entitled "An act directing the appointment of Turnpike In- spectors," was again received from the house with this new order thereon: " In General Assembly Octr. 25th, 1806. Read the second time, amended and recommitted to the former joint Committee. Attest M. Post Clk"-in which recommittment the Governor & Council concurred.
An Engrossed Bill, passed in the house of Representatives, Entitled "An act to authenticate the records and proceedings of the town of Richford," was sent up for revision &c. read, and Ordered, That it be referred to Mr. Galusha.
An Engrossed bill, passed in the house of Representatives, Entitled "An act authorising the Proprietors of Waterford to pitch their undi- vided lands in said town, and establish pitches allready made," was sent; up for revision &e. read, and Ordered, That it be referred to Govr. Brigham.
The bill Entitled "An act laying a Tax of three cents per acre on the town of Underhill," was again read, and it was Resolved, To concur! with the house in passing said bill into a law.
On motion, Mr. Galusha obtained leave to introduce a bill Entitled "An act to amend an act Entitled an act establishing the form of Oaths, passed Octr. 31st, 1797," which was read, passed and ordered to be en- grossed and sent to the house of Representatives for their concurrence.
The following message was received from the house: "In General Assembly Octr. 25th, 1806. Resolved, that this house concur with the Governor and Council in their proposed amendments to the following bills, and the same have become laws, to wit, A bill Entitled An act directing the Treasurer to pay to Doctr. Samuel Williams the sum therein mentioned, A bill Entitled An act to incorporate the Proprietors of an acqueduet in the East Parish in Westminster, and A bill Entitled An act constituting and appointing a Company of Light Infantry in the first Regiment second Brigade and fourth Division of the Militia of this State. Also, Resolved, that this house concur with the Governor and Couneil in their resolution appointing a time for the meeting of both houses in joint Committee for the purpose of electing certain Brigadier Generals, and also, Resolved, to concur with the Governor and Council, in their proposed amendment to the resolution for meeting in joint Committee for the purpose of electing a Judge of the County Court in
:
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Governor and Council-October 1806.
the County of Rutland in the room of Nathan B. Graham Esquire re- igned. Extract from the Journals, Att. M. Post Clerk."
An Engrossed bill, passed in the house of Representatives, Entitled An act granting a right of keeping a ferry to Benjamin Bell, was sent ip for revision &c. read, and Ordered, That it be referred to Mr. White und Mr. Niles.
A remonstrance from Daniel Willcox, against passing the last men- ioned bill. was read, and Ordered, That it be referred to the Committee on the same.
The following resolution was received from the house-" In General Assembly Octr. 25, 1806. Resolved, That his Excellency the Governor be requested, by and with the advice of Council, to appoint Thursday the fourth day of December next as a day of public thanksgiving and praise throughout this State. Extract from the Journals, Att. M. Post Clk"-and the same being read, Resolved, That the Council ad- ise the Governor to issue his proclamation in compliance with the re- quest contained in the above resolution.
Adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M. - The Petition of Norman Webber was again re- ceived from the house with this new order thereon: "In General As- embly Octr. 27, 1806. This Petition recommitted to the former joint Committee with the addition of Messs. Olin, J. Herrenton ' and A. Lyon ind the Committee directed to report by bill or otherwise. Att. M. Post Clk "-and the Governor & Council concurred in said recommitt- nent.
The Committee to whom was referred the bill Entitled "an act grant- ng the right of keeping a ferry to Benjamin Bell," reported the follow- ng resolution- Resolved, the house of Representatives concurring herein, that the bill Entitled " an act granting the right of keeping a erry to Benjamin Bell." be referred to the next session of the Legisla- ure-which report was accepted, and Ordered, That it be transmitted o the house by a member, and that he assign to the house the reasons or the same. Member chosen, Mr. White.
An Engrossed bill, passed in the house of Representatives, Entitled An act directing the Treasurer to pay to Jonathan Holton the sum herein mentioned," was sent up for revision &c. read & Resolved, To concur with the house in passing said bill into a Law.
The Petition of Abel Jackman and others, praying the repeal of the ict establishing the Jurisdictional lines between the towns of Vershire ind Corinth in the County of Orange, was again received from the house with this new order thereon: " In General Assembly Octr. 27th, 806. Report read and recommitted to former joint Committee. Att. M. Post Clk."-in which recommitment the Governor and Council con- urred.
An Engrossed bill, passed in the house of Representatives, Entitled An act empowering the Selectmen of Hubbarton and Sudbury in the County of Rutland to draw off the waters of certain millponds," was sent ip for revision &c. read and Ordered, That it be referred to Mr. With- erell.
The bill Entitled "An act relating to State Printing," to which the Governor and Council had proposed certain amendments on the 25th nt-, was returned from the house with this new order thereon: "In General Assembly Octr. 27, 1806 .- Resolved, that the house do concur
1 James Harrington. The name is frequently written Herrenton in he journals.
.
126
Governor and Council-October 1806.
with the Governor and Council in their last proposed amendment to this bill-also, Resolved, that this house do nonconcur with the Gover- nor and Council in their first proposed amendment, and that Mr. T. Hutchinson return the bill to the Governor & Council with the reasons of the house. Att. M. Post Clk "-and Mr. T. Hutchinson, after assign- ing the reasons for the same, withdrew-and the same being again read, it was Resolved, To rescind from the amendment nonconcurred by the house, and to concur with the house in passing the same with the last proposed amendment.
The Committee, to whom was referred the bill Entitled " An act em- powering the Selectmen of Hubbarton and Sudbury in the County of Rutland to draw off the waters of certain mill-ponds," reported an amendment to be made to the same, which was adopted, and 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 rea- sons of Council in proposing said amendments.
Adjourned untill 9 O'clock Tomorrow morning.
TUESDAY, October 28th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following resolution was received from the house-" In General Assembly Octr. 27, 1806. Resolved, to concur with the Governor and Council in their proposed amendments to the bill Entitled "An act con- stitnting and appointing a Company of Light Infantry in the second Regiment in the second Brigade and second Division of the Militia of this State." and the said bill has passed into a Law-also Resolved, to concur with the Governor and Council in their resolution referring to the next session of the Legislature a bill Entitled "An act granting the right of keeping a ferry to Benjamin Bell." Extract from the Journals, Att. M. Post Clk."
A bill Entitled "An act to amend an act Entitled an act directing the proceedings against the Trustees of concealed or absconding debtors," was received from the house with this order thereon: " In General As- sembly Octr. 27, 1806. This bill was reported by Committee, report ac- cepted and the bill recommitted to former joint Committee with the addition of Messs. N. Chipman, [Wm. C. ] Bradley and Olin. Att. M. Post Clk"-in which recommittment the Governor and Council con- curred.
A bill Entitled " an act in addition to an act Entitled 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. 27, 1806. This bill was re- ported by Committee, read and the report accepted-on motion the bill was recommitted for amendment to the former joint Committee. Att. M. Post Clk"-in which recommittment the Governor and Council con- curred.
The following Engrossed bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment -viz. " An act directing the Secretary of State to record those laws of the last session which remain unrecorded," "An act laying a tax of three cents per acre on the town of Cabot," and " An act laying a tax of five cents per acre on the town of Vineyard " [Isle La Motte, ] and the same being severally read and considered, Resolved, To concar with the house in passing them, respectively, into laws.
Pursuant to adjournment and the Concurrent resolution of both
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Governor and Council- October 1806.
houses, the Governor and Council proceeded to the Representatives' room, and met the house in joint Committee for the purpose of com- pleating the elections of the County Officers, & electing an assistant Judge of the Rutland County Court to supply the vacancy occasioned by the resignation of Nathan B. Graham, a Surveyor General, and sun- drv Brigadier Generals,' and having finished the same the joint Commit- tee was dissolved and the Governor and Council returned to their cham- ber and adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M .- On motion of Mr. Witherell, Resolved, To recon- sider the vote concurring with the house in passing the bill Entitled "An act laying a Tax of three cents per acre on the town of Cabot," and to concur with the house in passing the same with this amendment, in- sert the word " Matthias " in lien of the word " Moses," in the seventh line, and Mr. Witherell appointed to inform the house of the reasons for the same.
The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: " An act laying a Tax of two cents per acre on the town of Westford, An act an- nexing part of Panton to the Town of Weybridge," and " An act con- cerning Mortgages, and Tenants in Common "-and the said bills being severally read and considered, it was Resolved, To concur with the house in passing them, respectively, into laws.
The following message was received from the house-" In General Assembly Octr. 28th, 1806. Resolved to concur with the Governor and Council in passing the bill Entitled " an act to amend an act Entitled an act establishing the forms of oaths, passed Octr. 31, 1797." and the same has become a law of this State. Extract from the Journals. At- test Martin Post Clk."
The Petition from the Town of Concord was again received from the house with this new order thereon-" In General Assembly Octr. 28, 1806. Report read and Petition recommitted to former joint Commit- tee. Att. M. Post Clk"-in which recommittment the Governor and Council concurred.
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