Records of the Governor and Council of the State of Vermont, Vol. V, Part 18

Author: Vermont. cn; Vermont. Conventions (1775-1777); Vermont. Council of Safety, 1777-1778; Vermont. Governor. cn; Vermont. Supreme Executive Council, 1778-1836; Vermont. Board of War, 1779-1783; Walton, Eliakim Persons, 1812-1890, ed
Publication date: 1873
Publisher: Montpelier, J. & J. M. Poland
Number of Pages: 598


USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 18


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The Committee on the bill Entitled " An act to authenticate the rec- ords and proceedings of the town of Richford," reported that it ought to become a Law-whereupon Resolved, To concur with the house in pass- ing said bill into a law.


An Engrossed bill, passed in the house of Representatives, Entitled "An act'in addition to and alteration of an act Entitled An act granting to the Common Council of the City of Vergennes liberty to raise by lot- tery the sum of two thousand five hundred dollars" &c. was sent up for revision &c. read, and Resolved, To concur with the house in passing said bill into a Law, with this proposal of amendment, insert the word " eight," in the fifth line, in lieu of the word " ten," and Mr. Loomis re- quested to inform the house of the reasons of Council.


Adjourned untill 9 O'clock Tomorrow morning.


WEDNESDAY, October 29th, 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


The following named persons were elected: Isaac Clark assistant judge of Rutland County; Joseph Beeman jr. Surveyor General; Hor- ace Olds, Micah Barron, and William Cahoon, Brigadier Generals.


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Governor and Council-October 1806.


laying a tax of three cents per acre on the town of Roxbury, An act laying a tax of three cents per acre on the town of Warren, An act lay- ing a tax of three cents per acre on the town of Lunenburgh, An act laying a tax of three cents per acre on the town of Holland, An act lay- ing a tax of three cents per acre on the town of Windham, & An act laying a tax of four cents per acre on the town of Sheffield," and the said bills being severally read and considered, Resolved, To concur with the house in passing them, respectively, into laws.


The following message was received from the house-" In General Assembly Octr. 28, 1806-Resolved to concur with the Governor and Council in their amendments proposed to a bill Entitled " an act laying a tax of three cents per acre on the town of Cabot," and a bill Entitled "An act empowering the Selectmen of Hubbarton and Sudbury to draw off' the waters of certain mill-ponds "-And the said bills have become laws of this State. Extract from the Journals. Att. M. Post Clk."


An Engrossed bill, passed in the House of Representatives, Entitled " An act laying a tax of three cents per acre on the town of Morgan," was sent up for revision &c. read and Ordered, That it be referred to Mr. Wright.


A bill Entitled "an act establishing the pitch of the public lands in Windham and Londonderry," was received from the house with this order thereon-" In General Assembly Octr. 28, 1806-Read the second time and recommitted to the former joint Committee with the addition of Messs. Chase, D. Chipman and Rich. Att. M. Post Clk"-in which recommittment the Governor and Council concurred.


An Engrossed bill, passed in the house of Representatives, Entitled "An act laying a tax of two cents per acre on Kelley's Grant No. 2," was sent up for revision &c. read, and Ordered, That it be referred to Mr. Chittenden.


An Engrossed bill, passed in the house of Representatives, Entitled "an act annexing a part of the town of Pittsfield to the Town of Roch- ester," was sent up for revision &c. read, amended, and then Resolved, To concur with the house in passing the same into a law, with the said proposals of amendment, and Mr. Galusha requested to inform the house of the reasons of Council for proposing the same.


The Committee, to whom was referred the bill Entitled " An act au- .thorising the Proprietors of Waterford to pitch their undivided lands in said town, and establish pitches allready made," reported an amendment to be made to the same, which report was accepted, and it was Resolved, To concur with the house in passing said bill into a law, with said pro- posal of amendment, and Mr. Galusha appointed to inform the house of the reasons of Council for proposing the same.


The bill Entitled "An act in addition to and alteration of an act grant- ing to the Common Council of the City of Vergennes liberty to raise by Lottery the sum of two thousand five hundred dollars " &c. was returned from the house by Mr. Rich, a member, with this order thereon-" In General Assembly Oetr. 29, 1806. Read and resolved to nonconcur with the Governor and Council in their amendment to this bill, and that a member be appointed to carry up the same and assign the reasons of the house for their nonconcurrence. Member chosen, Mr. Rich. Attest M. Post Clk "-and after assigning the reasons, Mr. Rich withdrew-where- upon, on motion, Resolved, To rescind the vote proposing said amend- ment to said bill, and to concur with the house in passing the same into a Law without amendment.


Adjourned to 2 O'clock P. M.


2 O'CLOCK P. M .- A bill, passed in the house of Representatives, En- titled "An act directing the appointment of Turnpike Inspectors, and


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Governor and Council-October 1806.


regulating their office and duty," was sent up for revision &c. read, and referred to Messs. Witherell & Galnsha.


The Committee, to whom was referred the bill Entitled " An act lay- ing å Tax of three cents per acre on Morgan." reported an amendment to be made to said act, which was accepted, & Resolved, To concur with the house in passing said bill into a law, with said proposal of amend- ment, and Mr. Wright appointed to inform the house of the reasons of Conneil in proposing the same.


The Petition of Norman Webber was a third time received from the house with this new order thereon: " In General Assembly Octr. 29, 1806. -This Petition and the enclosed bill recommitted to former joint Committee, and the Committee directed to state facts and to report by bill or otherwise. Attest M. Post Clk."-in which recommittment the Governor & Couneil concurred.


The Committee on the bill Entitled "An act directing the appoint- ment of Turnpike Inspectors, and regulating their office and duty," re- ported that it ought to pass, whereupon Resolved, To concur with the house in passing said bill into a Law.


Adjourned untill 9 O'clock Tomorrow morning.


THURSDAY, October 30th, 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 laying a Tax of two cents per acre on the town of Sunderland, An act laying a tax of three cents per acre on the town of Concord, An act di- recting the Treasurer to credit the Town of Richmond the sum therein mentioned, An act laying a tax of two cents per acre on the town of Ferrisburgh," and "An act granting a new trial to Archibald Prichard," and the said bills being severally read and considered, it was Resolved, To concur with the house in passing them, respectively, into Laws.


A bill, passed in the house of Representatives, Entitled "An act granting to Daniel Hurlbut the exclusive right of building a toll Bridge across Onion River," was sent up for revision &c. read & Ordered, That it be referred to Mr. Witherell.


The following message was received from the house: "In General Assembly Octr. 29, 1806. Resolved to concur with the Governor and Council in their amendments to the following bills, viz. A bill Entitled "An act annexing a part of the town of Pittsfield to the Town of Roch- ester," and A bill Entitled "An act authorising the Proprietors of Waterford to pitch their undivided lands in said town and establish pitches allready made "-And the said bills have become laws of this State. Extract from the Journals, Att. M. Post Clk."


A bill Entitled " An act to restrain the practice of giving spirituons liquors on the day of election &c." was received from the house with this order thereon-"In General Assembly Octr. 29th, 1806-Read the 1t time and referred to the joint Committee on the bill relating to the election of Governor, Lt. Governor &c. Attest M. Post Clk"-and the same being read, Resolved, To concur with the house in their said reference.


The bill Entitled "An act laying a tax of three cents per acre on the town of Morgan," to which the Governor and Council had yesterday proposed an amendment, was returned from the house by Mr. E. Robin- son, a Member, with this order thereon-"In General Assembly Oct". 30, 1806. Resolved to nonconeur with the Governor and Council iu


9


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Governor and Council-October 1806.


their proposed amendment to this bill, and that Mr. E. Robinson be a Committee to carry up the said bill and assign the reasons of the house. Att. M. Post Clk"-and after assigning the reasons, Mr. Robinson with- drew, and the said bill and amendment being read, on motion, Resolved, To rescind from the said proposed amendment, and to coneur with the house in passing the same into a Law.


The following resolution was received from the house: "In General Assembly, Octr. 29, 1806. Resolved, that the following persons, viz. Stephen Conant, Martin Cheney, William Emerson, Nahum Mower and others, Mechanicks of the town of Windsor, be incorporated into a Society. by the name of the Windsor Mechanick Association, with such privileges and immunities as are usual in such cases. Octr. 30: Read and referred to the Joint Committee on the Petition of the Grand Lodge, to report by bill or otherwise. Att. M. Post Clk"-and the same being read, Resolved, To concur with the house in their said reference.


Adjourned untill 2 O'clock P. M.


2 O'CLOCK P. M .- A bill Entitled "An act in addition to and expla- nation of an act Entitled An act regulating the Office and duty of Sheriff" &c. was received from the house with this order thereon-" In General Assembly Octr. 30, 1806-Reported by Committee, read and amended, and on motion recommitted to former joint Committee for further amendment. Att. M. Post Clk."-in which recommittment the Governor & Council concurred.


A bill, passed in the house of Representatives, Entitled " an act in addition to an act Entitled an act reducing into one the several aets for laying out, repairing and clearing highways," was sent up for revision &c. read, amended, and Resolved, To concur with the house in passing the same into a law, with the said proposals of amendment, and Mr. Ga- lusha appointed to inform the house of the reasons for proposing the same.


A bill, passed in the house of Representatives, Entitled "An act em- powering the Selectmen of Wells and Poultney in the County of Rut- land to draw the waters of a certain Mill-Pond raised in Wells and Poultney, to their ancient and natural level, at certain seasons of the year," was sent up for revision &c. read, amended, and then it was Re- solved, To concur with the house in passing said bill into a law, with said proposals of amendment.


Adjourned untill 9 O'clock Tomorrow morning.


MIDDLEBURY, Friday, October 31st, 1806, 9 O'clock A. M.


The Council met pursuant to adjournment.


A bill, Entitled "An act in addition to and explanation of an act En- titled an act regulating the office & duty of Sheriff &c." was again re- ceived from the house with this new order thereon: "In General Assembly Octr. 30. 1806-report read and accepted, and the bill read and recommitted to the former joint Committee. Attest M. Post Clk."- in which recommittment. the Governor and Council concurred.


A bill Entitled "An act directing the Treasurer to pay to Timo. F. Chipman and Henry Hall the sum therein mentioned," was received from the house with this order thereon-" In General Assembly Oetr. 30th, 1806. This bill was brot in on motion of leave by Mr. Rich-Read the 1st time & Referred to Mess&. Buck, Shaw, Hendee, Rich and Whit- ney, to join a Committee from Council. Attest M. Post Clerk "-and


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Governor and Council-October 1806.


the same being read, Ordered, That Govr. Brigham join the above Com- mittee.


The following resolution was received from the house-"In General Assembly Octr. 30th, 1806-Whereas, it is of the utmost importance in a good government, that the laws should be uniform and easy to be under- stood, and that the means of ascertaining the line of duty should be made as cheap and easy as possible, not only to those who hold Offices in the government, but to every individual citizen in subjeetion to it- and, Whereas, there has been no revision of the Statutes of this State for nearly ten years, and the public acts of the Legislature, during that period. are dispersed thro' a variety of pamphlets, rendering it ex- tremely inconvenient to the good people of this State to refer to the laws whenever the same shall be necessary-Resolved, That a Commit- tee of three be appointed from this house, to join such Committee as the Governor and Council shall appoint, to enquire into the expedieney of appointing a Committee of revision, for the purpose of revising the acts passed by the Legislature of Vermont, since the revision of 1797, and of reducing the public acts, passed during that period, into a more compact form, and of noticing the existing variations, between those aets, and the revised laws published by the authority of the Legislature in the year 1798 .-- Read, adopted and Messs. Bradley, Aiken and Whitney were ap- pointed a Committee on the part of the house. Att. M. Post Clk."- and the same being read, Ordered, That Mr. Galusha join the Committee on the above resolution.


The following resolution was received from the house: " In General Assembly Octr. 30, 1806. Whereas there have been a number of in- stanees of Negro persons, who were minors, having been transported by evil minded persons from this to the other States and province of Can- ada, where slavery is established by law, and there disposed of as slaves, which practice is contrary to the Genius and principles of the good peo- ple and Government of this state, and, Therefore, the evil of which pernicious practices to prevent,-Resolved there be a Committee of five members to join from Couneil, to take under consideration the propriety of passing a law for remedying the evils abovementioned, and report to this house by bill or otherwise. Read, adopted, and Messs. Hendee, Williams, E. Robinson, Hinman and House were appointed a Committee on the part of the house. Attest M. Post Clk."-and the same being read, Ordered, That Mr. Shepardson join the above Committee from the house. 1


The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment-"An act directing the Treasurer of this State to credit the town of Stockbridge the sum therein mentioned, An act laying a Tax of three cents per acre on all the lands within the original grant of the township of New Hun- tington [Huntington,] Buel's and Avery's Gore, An act laying a tax of


1 This resulted in an aet to prevent kidnapping, the penalty for which was that any offender should " be publiely whipped, on his naked baek, not exceeding thirty-nine stripes, or pay a fine not exceeding one thou- sand dollars and be confined to hard labor or imprisonment not exceed- ing seven years ; any part, or the whole of the aforesaid punishment to be inflicted, or penalty to be imposed, at the discretion of said [supreme] court ; and shall be further liable to make good all damages, to the per- son thus carried away, removed, or disposed of."-See printed Laws of Vermont, 1806, p. 151.


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Governor and Council-November 1806.


three cents per acre on the town of Hopkinville [Kirby,] An act direct- ing the Treasurer of this State to credit the Town of Wells the snm therein mentioned," and "An act assessing a Tax of one cent on the (lollar on the list of the present year" [State tax,] and the same being severally read and considered, Resolved to concur with the house in passing them, respectively. into laws.


Adjourned to 2 O'clock P. M.


2 O'CLOCK P. M .- The following message was received from the honse-" In General Assembly Octr. 31st, 1806-Resolved to concur with the Governor and Council in their amendments proposed to the bill Entitled "An act empowering the Selectmen of Wells and Poultney to draw off the waters of certain mill-ponds " &c. and the said bill has passed into a Law of this state. Extract from the Journals, Attest M. Post Clerk."


A Petition from the Dorset Turnpike Company, for an extension of said road, and to repeal a certain limitation in the act incorporating said Company. was received from the house with this order thereon -- " In General Assembly Oct. 31st, 1806. Read and referred to the first Joint Turnpike Committee. Att. M. Post Clk "-and the same being read, Resolved to concur with the house in the said reference.


Adjourned untill 9 O'clock Tomorrow morning.


SATURDAY, November 1st, 1806, 9 O'clock A. M.


The Council met pursuant to adjournment.


On Motion, Mr. Chittenden [had] leave of absence, after tomorrow, for the remainder of the Session.


The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment-" An act granting relief to Capt. John Vincent, an indigent Indian in this State, An act granting a new trial to Abel Farewell in a case therein men- tioned, An act appointing a Committee to lay out and survey a road therein mentioned, An act directing the Treasurer to credit to Jacob Davis the sum therein mentioned, An act in addition to and amendment of an act Entitled an act laying a tax of five mills on the dollar on the polls and rateable estate of the County of Franklin for the year 1805, and appointing auditors for the purpose therein mentioned, passed Nov. 7th, 1805," and the said bills being severally read and considered, Re- solved, To concur with the house in passing the same, respectively, into laws.


A bill Entitled "an aet to amend an act Entitled an act directing the proceedings against the Trustees of concealed or absconding debtors," was again received from the house with this new order thereon: "In General Assembly Octr. 31, 1806. Bill read the second time and refer- red to Messs. Bradley, Potter, Wm. C. Harrington, Spencer and Hendee, to join a Committee from the Council, for amendment. Att. M. Post Clerk " -- and the same being read, Ordered, That Mr. Galusha & Mr. Wheelock join the above Committee.


Adjourned to 2 O'clock P. M.


2 O'CLOCK P. M .- A bill Entitled "An act in addition to and in al- teration of an act Entitled an act regulating marriage and divorce, passed February 28th, 1797," was received from the house with this order thereon: " In General Assembly Nov. 1, 1806-This bill was brought in on motion of leave by Mr. Bailey, read and referred to Messs. Bailey, Rich & G. Stone, to join a Committee from the Conncil. Attest M.


.


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Governor and Council-November 1806.


Post Clerk"-and the same being read, Ordered, That Mr. Niles & Mr. Shepardson join the above. Committee.


An Engrossed bill, passed in the house of Representatives, Entitled "An act in addition to an act Entitled an act regulating Town meetings and the choice and duty of Town officers." was sent up for revision &c. read and referred to Mr. Galusha & Mr. Witherell.


An Engrossed bill, passed in the house of Representatives, Entitled "An act repealing a certain act therein mentioned," was sent up for re- vision &c. read, and Resolved. To concur with the house in passing said bill into a Law.


An Engrossed bill, passed in the house of Representatives. Entitled "An act granting to Samuel B. Sheldon the exclusive right of building a Toll Bridge across Missisquoi River," was sent up for revision &c. read, and Ordered, That it be referred to Mr. Witherell for amendment.


Adjourned untill 9 O'clock Monday morning.


MIDDLEBURY, Monday, November 3rd, 1806, 9 O'clock A. M. The Council met pursuant to adjournment.


A bill, passed in the house of Representatives, Entitled "An act lay- ing a tax of four cents per acre on the town of Danville," was sent up for revision &c. read, and Resolved, To coneur with the house in passing said bill into a Law.


An Engrossed bill, passed in the house of Representatives, Entitled "An act in addition to and in amendment of the Laws now in force re- lating to Goals and Goalers," was sent up for revision &c. and being read, Ordered, That it be referred to Mr. Loomis.


The bill Entitled "An act in addition to an act Entitled an act re- ducing into one the several acts for laying out, making, repairing and clearing highways." to which the Governor and Council had proposed certain amendments, was returned from the house by Mr. Hutchinson, a Member, with this order of the house thereon-" In General Assembly Nov. 1, 1806 .- Resolved to nonconcur with the Governor and Council in their amendment to this bill, and that Mr. T. Hutchinson carry up the same and assign the reasons of the house. Attest M. Post Clerk"-and after assigning the reasons he withdrew-and the said bill being again read, on motion, Resolved, To rescind from the said proposal of amend- ment, and the said bill having received further and other amendments, Resolved, To concur with the house in passing the same into a law, with the said further proposals of amendment ..


An Engrossed bill, passed in the house of Representatives, Entitled "An aet in addition to and alteration of an act Entitled an act to appoint a Committee to lay out and survey a road from the place where the bridge over Connectient River was erected in Norwich to Chelsea Court house," was sent up for revision &e. and the same being read, Ordered, That it be referred to Mr. Loomis.


Mr. Keyes, on motion, obtained leave to introduce a bill Entitled "An act enabling the owners of toll bridges and Turnpike Roads to lessen the rate of toll on the same," which was read, and Ordered. To lie on the table.


The following resolution was received from the house-" In General Assembly Nov. 3, 1806. Resolved, That a Committee consisting of a Member from each County be appointed to join a Committee from Council, to receive and distribute the warrants for the State Tax on the list of 1806, the Election Sermons, and Proclamations for thanksgiving. Members chosen, Messs. Hale, Knoulton, Holden, R. Lyon, Pond, W.


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Governor and Council-November 1806.


Child, Barney, Edson, Green, J. Lyon, Wetherbee & Sowles. Extract from the Journals, Att. M. Post Cik "-and the same being read, Or- dered, That Mr. Shepardson join said Committee from the house.


A bill Entitled " An act establishing the Jurisdictional lines of the town of Berkshire," was received from the house with this order thereon: "In General Assembly Nov. 3, 1806. This bill was brot in on motion of Mr. Littlefield, Read and referred to Messs. Edson, Ware & Emerson, to join a Committee from Council. Attest M. Post Clerk "-and the same being read, Ordered, That Mr. Wright join the above Committee.


A bill Entitled " An act establishing a County Grammar School at Randolph in Orange County," was received from the house with this order thereon: " In General Assembly Nov. 3, 1806. This bill was brot. in on motion of leave by Mr. Chase, Read and referred to Messs. Buck, Mather, D. Palmer, Shaw and Campbell, to join a Committee from Council. Attest M. Post Clerk "-and the same being read, Ordered, That Mr. Witherell join the above Committee.


Adjourned to 2 O'clock P. M.


2 O'CLOCK P. M .- The Committee, to whom was referred the bill En- titled "An act in addition to and amendment of the Laws now in force relating to Goals and Goalers," reported that it ought to pass, where- upon Resolved, To concur with the house in passing said bill into a Law.


The Committee, to whom was referred the bill Entitled " An act in addition to and alteration of an act Entitled au act to appoint a Commit- tee to lay out and survey a road from the place where the bridge over Connecticut River was erected at Norwich to Chelsea Court house," re- ported that said bill ought to pass, and it being again read, Resolved, To concur with the house in passing the same into a Law.


The Committee, to whom was referred the bill Entitled "An act granting to Samuel B. Sheldon the exclusive right of building a toll bridge across Missisquoi River," reported sundry amendments to be made [to] said bill, and the same were adopted & then Resolved, To concur with the house in passing the said bill into a Law, with said proposals of amendment, and Mr. Witherell appointed to assign the reasons for the same to the house.


A bill Entitled " An act relating to the duty of the Grand Jury before the Supreme Court," was received from the house with this order thereon: "In General Assembly Nov. 3, 1806. This bill reported by Committee, read the 1st time and recommitted to former joint Commit- tee. Attest M. Post Clerk"-and the same being read, Resolved, To concur with the house in the said recommittment.


A bill, passed in the house of Representatives, Entitled "An act to authorize the Proprietors and Landowners of Norwich to establish the division of their lands," was sent up for revision &c. and the same being read. Ordered, That it be referred to Mr. Keyes.




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