USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 19
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A bill Entitled "An act in addition to an act Entitled an act incorpo- rating certain persons therein mentioned by the name of the Center Turnpike Company," was received from the house with this order thereon: "In General Assembly Nov. 3, 1806 .- This bill reported by Committee and recommitted to former joint Committee. Attest M. Post Clk"-and the same being read, Resolved, To Concur with the house in said reference.
Adjourned to 9 O'clock Tomorrow morning.
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Governor and Council-November 1806.
MIDDLEBURY. Tuesday, November 4th, 1806, 9 O'clock A. M. The Council met pursuant to adjournment.
The Committee, to whom was referred the bill Entitled "An act granting to Daniel Hurlbut and his Associates the exclusive right of building a toll bridge across Onion River," reported sundry amend- ments, which were adopted, the bill read as amended, and then it was Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, 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 giving day of payment to Joseph Winslow, Administrator on the Estate of Peleg Winslow, late of Putney, deceased, for two certain Executions in favor of the Treasurer of this State against said Joseph as Adminis- trator as aforesaid, for the term therein mentioned; An act extending the time for recording certain Advertisements in the Town Clerk's office in Montgomery; An act extending the time for recording a certain Ad- vertisement in the town of Berkshire, relating to a road Tax; An act relating to the records of the Town of Topsham; 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 in Colchester to the ferry from Middle hero to Cumberland head," and "An act extend- ing the time of forfeiting the grant to the Fairhaven Turnpike Com- pany," and the said bills being severally read & considered, Resolved, To concur with the house in passing them, respectively, into laws.
An Engrossed bill, passed in the house of Representatives, Entitled "An act to authenticate the records of the town of Panton," was sent up for revision &c. read, and amended by erasing the word " legal " in the Sth line and inserting the word " the," and then Resolved, To concur with the house in passing said bill into a law, with said proposal of amendment, and Mr. Loomis appointed to assign to the house the rea- sons for the same.
On motion of Mr. Witherell, Mr. Chittenden, appointed a Committee on the bill Entitled "An act laying a tax of two cents per acre on Kelley's Grant No. 2," was discharged from any further consideration of the same, and Mr. Shepardson appointed in his room.
An Engrossed bill, passed in the house of Representatives, Entitled "An act granting a new trial in a certain cause therein mentioned," was sent up for revision &c. and being read. Ordered, That it be referred to Mr. Niles.
The following resolution was received from the house-" In General Assembly Nov. 3, 1806. Resolved, the Governor and Council concur- ring herein, that both houses meet in the Representatives' room, at 10 o'clock on Friday morning next, and adjourn the Legislature without (lay. Extract from the Journals, Attest M. Post Clerk"-and the same being read, it was Ordered, To lie on the table.
A bill Entitled "An act to appoint a Committee to designate a place for Orange County Grammar School" was received from the house with this order thereon-"In General Assembly Nov. 4th, 1806. This bill was brot. in on motion of leave by Mr. Peaslec, Read and referred to the Committee on the bill establishing Orange County Grammar School, to join &c. Attest M. Post Clerk"-and the same being read, Resolved. To coneur with the house in the said reference.
The following resolution was received from the house-"In General Assembly Nov. 4, 1806. Resolved, the Governor and Council concurring herein, that both branches of the Legislature meet in joint Committee. in the Representatives' room, on Thursday next, at 10 o'clock A. M. for
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Governor and Council-November 1806.
the purpose of making further appointments of County officers. Attest M. Post Clerk"-and the same being read, Resolved, To concur with the house therein.
A bill Entitled "An act directing the purchase of a field piece for a Company therein mentioned," was received from the house with this order thereon: "In General Assembly Nov. 4, 1806-This bill was brought in on motion of leave by Mr. P. Child, and referred to the joint Committee on the bill for the relief of Timothy F. Chipman and Henry Hall. Attest M. Post Clerk"-in which reference the Governor and Council concurred.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Committee, on the bill Entitled "An act in addition to an act Entitled an act constituting the Supreme Court of Judicature and County Courts, defining their powers and regulating Judicial proceedings, reported the same with amendments. and the same being read, Resolved, That the same do pass, and Ordered that it be engrossed and sent to the house for their revision &c.
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 to credit the town of Bolton the sum therein mentioned; An act directing the Treasurer to credit the town of Ver- shire the sum of thirty-eight dollars; An act laying a Tax of three cents per acre on the town of Westmore," and " An act altering the name of John Vance to John Smith," and the said bills being severally read and considered, Resolved, To concur with the house in passing them, re- spectively, into laws.
An Engrossed bill, passed in the house of Representatives, Entitled " An act in amendment of an act Entitled An act incorporating certain Turnpike Companies in the western Counties in this State, passed Nov. 7, 1805," was sent up for revision &c. and the same being read, Ordered, That it be referred to Mr. Witherell to enquire whether the Waltham Turnpike Company assent to the provisions of this act. And the said Committee having made the enquiry directed, reported that it was the unanimous wish of sd Company, whereupon Resolved, To concur with the house in passing said bill into a law.
The following resolution was received from the house :- [Resolutions on proposition of Kentucky to limit the jurisdiction of United States courts, for which see Appendix B,] and the same being read and consid- ered, Resolved, To concur with the house therein.
Adjourned untill 9 O'clock Tomorrow morning.
WEDNESDAY, November 5th, 1806. 9 O'clock A. M.
The Council met pursuant to adjournment.
On motion, Resolved, That his Excellency the Governor be requested to issue his Proclamation appointing Wednesday, the fifteenth day of April next, to be observed as a day of public humiliation, fasting and praise throughout this State.
A bill, passed in the house of Representatives, Entitled "An act for the relief of the Managers of the Friendly lottery were [was] sent up for revision &c. and being read, it was Resolved, To concur with the house in passing the said bill into a law.
Two bills, passed in the house of Representatives, both Entitled "An act in addition to and in explanation of an act Entitled an act regu- lating the office and duty of Sheriff, High Bailiff, their respective
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Governor and Council-November 1806.
deputies, and Constables," were sent up for revision &c. and the same being read, Ordered, That they be referred to Mr. Galusha.
The bill, Entitled " an act granting to Daniel Hurlbut the exclusive right of building a toll bridge across Connecticut river," which the Gov- ernor and Council yesterday sent to the house with proposals of amend- ment, was returned by Mr. Spencer, a Member, with this order thereon -"In General Assembly Nov. 5, 1806. Resolved. to concur with the Governor and Council in their proposed amendments to this bill, except the amendments to the 3rd Section, and the additional Section, with which the house do nonconcur, and that Mr. Spencer be a Committee to carry up the bill and assign the reasons of the house for their noncon- currence. Attest M. Post Clk."-and Mr. Spencer after assigning the reasons withdrew -and the said bill and amendments being again read, Resolved. To rescind from the said amendments nonconcurred by the house, and that the said bill be referred to Mr. Loomis for further amendments.
The Committee, to whom was referred the bill Entitled "An act as- sessing a tax of one cent on each acre of land in the County of Caledonia, for the purpose of defraying the expence of building and compleating a new Jail at Danville in said County, and also for paying the debts and demands against the same." reported sundry amendments to be made to the same, which was accepted, and on the motion [question,] shall the bill pass, with the said amendments, the yeas and nays being required by Mr. Niles, were as follows, viz. Yeas, Gov. Brigham, Messs. Loomis, Wheelock, Witherell, White, Fletcher, Spooner and Wright. Nays, Messs. Galusha, Keyes, Niles and Shepardson. Yeas 8, Nays 4, so the bill passed as amended, and Mr. Loomis was appointed to inform the house of the reasons of Council in proposing the said amendments.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- A bill, passed in the house of Representatives, En- titled " An act in addition to and in amendment of an act Entitled an aet incorporating certain persons therein mentioned by the name of the Rutland and Stockbridge Turnpike Company," was sent up for revision &c. and being read, Ordered, That it be referred to Mr. Niles and Mr. Loomis.
The Committee, to whom was referred the bill Entitled " An act to authorize the Proprietors and Landowners of Norwich to establish the division of their Lands," reported sundry amendments to be made to the same, which report was accepted & Resolved, To concur with the house in passing the same into a Law, with said proposals of amend- ment, and Mr. Keyes appointed to inform the house of the reasons of Council for the same.
The Committee, to whom was referred the bill Entitled " An act in addition to an act Entitled an act regulating Town meetings and the choice and duty of Town-Officers," reported sundry amendments to be made to the same, which report was accepted and then it was Resolved, To concur with the house in passing said bill into a law. with said pro- posals of amendment, and Mr. Galusha appointed to inform the house of the reasons of Council for the same.
A bill Entitled "An act directing the purchase of a field piece for the use of a Company of Artillery therein mentioned," was received from the house with this order thereon-" In General Assembly Nov. 4, 1806. This bill was brot. in on motion of leave by Mr. Rising. Nov. 5, Read and referred to the joint Committee on the bill making compensation to Timo. F. Chipman and Henry Hall. Att. M. Post Clerk "-in which reference the Governor and Council concurred.
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Governor and Council-November 1806.
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 three cents per acre on the town of Panton; An act en- abling those persons who have or may purchase of William Tharpe, a British subject, any such real property within this State as come [came] to him the said William Tharpe by the last will and testament of his brother John Tharp late of Charlotte deceased, to hold the same," and "An act assessing a tax on the County of Essex," and the said bills be- ing severally read and considered, Resolved, To concur with the house in passing them, respectively, into laws.
The Committee, to whom was referred the bill Entitled "An act grant- ing to Daniel Hurlbut the exclusive right of building a Toll bridge across Onion River," for further amendment, reported additional amend- ments to be made to the same, which were adopted, and then it was Re- solved, To concur with the house in passing the same into a Law, with the said additional proposals of amendment, and Mr. Loomis appointed to inform the house of the reasons of Council for the same.
A bill, passed in the house of Representatives, Entitled "An act annexing part of the town of Hubbarton to the town of Sudbury," was sent up for revision &c. and being read, Resolved, To nonconcur with the house in passing said bill into a law, & for the following reasons, viz. That as great inconveniences might frequently arise to the Inhabitants, by shifting the jurisdictional lines of towns, when the subject has not been thoroughly deliberated by all parties to be affected by it, it has not been the practice of the Legislature to annex any part of one Town to another, without the express consent of the Town, or some part of it, to which it is to be annexed; which is so far from being the case, in the present instance. that the Inhabitants of each town have actually remonstrated against it.
Adjourned to 9 O'clock Tomorrow morning.
THURSDAY, November 6, 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 relating to the duty of the Engrossing Clerk; An act laying a tax of four cents per acre on the town of Brownington;" and "An act appoint- ing a Committee to lay out a road from Salisbury to West Rutland," and the same being severally read and considered, Resolved, To concur with the house in passing them, respectively, into Laws.
A bill, passed in the house of Representatives, Entitled, "An act in amendment of the acts now in force for regulating and governing the Militia," was sent up for revision &c. read, and Ordered, That it be referred to Gov. Brigham and Mr. Wright.
Gov. Brigham called up the resolution from the house relative to the adjournment of both houses tomorrow morning at 10 O'clock, and the same being read, it was Ordered, to lie on the table.
The following message was received from the house-"In General Assembly Nov. 5, 1806-Resolved to concur with the Governor and Council in their proposed amendment to a bill Entitled "An act granting to Samuel B. Sheldon the exclusive right of building a Toll bridge across Missisquoi River; A bill, Entitled "An act to authenticate certain records of the town of Panton," and A bill Entitled "an act in addition to an act reducing into one the several acts for laying out, making, repairing and clearing Highways"-And the said bills have
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Governor and Council-November 1806.
passed and become laws of this State. Extract from the Journals, Attest M. Post Clerk."
The Committee, to whom was referred the two bills Entitled "An act in addition to and in explanation of an act Entitled an act regulating the office and duty of Sheriff, High Bailiff, their respective deputies, and Constables," reported sundry amendments to be made to said bills, which report was accepted, and on motion Ordered. That said bills be re- committed to the same Committee with the addition of Mr. Niles.
A bill, passed in the house of Representatives, Entitled " An act in addition to an act Entitled an act incorporating certain persons therein mentioned by the name of the Centre Turnpike Company," was sent up for revision &c. read, and Ordered, That it be referred to Mr. Keyes.
The Committee, to whom was referred the bill Entitled "An act grant- ing a new trial in a certain cause therein mentioned." reported sundry amendments to be made therein, which were adopted, & then Resolved, To concur with the house in passing said bill into a law, with said pro- posals of amendment, and Mr. Keyes appointed to inform the house of the reasons of Council for proposing the same.
A bill, passed in the house of Representatives, Entitled " An act ap- pointing a Committee to lay out a road from the South line of Burke to Canada line," was sent up for revision &c. read, & Ordered, That it be referred to Mr. White.
Adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M .- The resolution for the adjournment of the Legis- lature was again read, and on motion Resolved, To nonconcur with the house therein, and Mr. Witherell appointed to inform the house of the reasons of Council.
The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: " An act establishing the pitch of the Public lands in the towns of Windham and Londonderry; An act incorporating and establishing an Academy at Brandon," and "An act laying a tax of four cents per acre on the town of Fairfax," and the said bills being severally read and considered. Re- solved, To concur with the house in passing them, respectively, into laws.
The bill Entitled "An act to authorize the Proprietors and Landown- ers of Norwich to establish the division of their lands." to which the Governor and Council had on the 5th Int. made certain proposals of amendment, was returned from the house by Mr. Buck, a member, with this order thereon-" In General Assembly Nov. 6, 1806. Resolved to nonconcur with the Governor and Council in their proposed amendment to this bill, and that Mr. Buck be a Committee to carry up this bill and assign the reasons of the house for their nonconcurrence. Att. M. Post Clerk "-and Mr. Buck, after assigning the reasons, withdrew; and the said bill being again read, on motion Resolved, To rescind from the said amendments nonconcurred by the house, and to concur in passing said bill into a law, with further proposals of amendment.
The Committee, to whom was referred the bill Entitled " An act ap- pointing a Committee to lay a road from the South line of Burke to Can- ada line," reported sundry amendments to be made to the same, which report was accepted, & then it was Resolved, To concur with the house in passing said bill into a Law, with said proposals of amendment. & Gover. Brigham appointed to inform the house of the reasons of Council for proposing the same.
A bill, passed in the house of Representatives, Entitled "An act in amendment of an act Entitled an act for the punishment of certain
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Governor and Council-November 1806.
capital and other high crimes and misdemeanors," was sent up for revision &c. and being read, Ordered, That it be referred to Mr. Loomis.
A bill, passed in the house of Representatives, Entitled "An act establishing a State Bank," was sent up for revision &c. read, and Or- dered, That it be referred to Gov. Brigham, Mr. White & Mr. Niles.
The following message was received from the house-" In General Assembly Nov. 6th, 1806. Resolved to concur with the Governor and Council in their proposed amendments to the bill Entitled "An act in addition to an act regulating Town Meetings and the choice and duty of Town officers ; " A bill Entitled "An act assessing a tax of five mills on each acre of land in the County of Caledonia, for the purpose of building a New Jail" &c. and A bill Entitled " an act granting to Daniel Hurlbut the right of building a Toll bridge across Onion River; " also Resolved to concur with the Governor and Council in passing a bill Entitled "An act in addition to an act Entitled an act constituting the Supreme Court of Judicature, County Courts," &c. &c .- And the said bills have become laws of this State. Extract from the Journals, Attest Martin Post Clerk."
Adjourned untill 9 O'clock Tomorrow morning.
FRIDAY, November 7th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
The bill Entitled " An act annexing a part of the Town of Hubbarton to the town of Sudbury." which the Governor and Council had noncon- curred on the 5th Int., was returned from the house by Mr. J. Warner, a Member, with this order thereon: " In General Assembly Nov. 7, 1806. Read and Resolved to repass this bill, and that the same be again sent to the Governor and Council for their revision &c. by a member, and Mr. J. Warner appointed to carry up the same. Attest M. Post Clerk" -and Mr. Warner, after assigning the said reasons, withdrew-and the same bill being again read. on motion Resolved, To rescind from the said vote of nonconcurrence, and to coneur with the house in passing said bill into a Law.
A bill, passed in the house of Representatives, Entitled "An act ma- ' king provision for the payment of Grand and Petit Jurors," was sent up for revision &c. and being read, Ordered, That it be referred to Messs. Fletcher & Witherell.
The following message was received from the house-" In General Assembly Nov. 6, 1806. On motion of Mr. Olin, Resolved that the Com- mittee to whom was referred several petitions for the incorporation of banks in this State be discharged from any further consideration of the same, and that the said petitions be dismissed. Extract from the Jour- nals, Attest M. Post Clerk."
The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment-"An act supplementary to an act Entitled An act laying a tax of four cents per acre on the town of Ferrisburgh; An act authorising the Sheriff of the County of Grand Isle to provide a Goal in said County; An act to repeal an act Entitled an act to establish the jurisdictional lines between the towns of Vershire and Corinth in the County of Orange; An act in ad- dition to an act Entitled an act organising the County of Grand-Isle and fixing the time of holding the Courts therein; An act in addition to an act Entitled an act directing the mode of Election of Governor, Lt. Gov -. ernor, Treasurer of the State, Councillors and Representatives," and "An act in amendment of an act Entitled an act constituting the Su-
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Governor and Council-November 1806.
preme Court of Judicature and County Courts, defining their powers, and regulating judicial proceedings," and the said bills being severally read and considered, Resolved. To concur with the house in passing them, respectively, into laws.
The Committee, to whom was referred the bill Entitled "an act in addition to an act incorporating certain persons therein mentioned by the name of the Rutland and Stockbridge Turnpike Company." reported sundry amendments to be made therein, which report was accepted, and then it was Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, and Mr. Keyes appointed to in- form the house of the reasons of Council in proposing the same.
The Committee, to whom was referred the hill Entitled " An act in addition to an act Entitled an act incorporating certain persons therein mentioned by the name of the Centre Turnpike Company," reported sundry amendments to be made therein, which report was accepted. and then it was Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, and Mr. Keyes appointed to inform the house of the reasons of Council for proposing the same.
The Committee, to whom was referred the bill Entitled " An act in amendment of an act Entitled an act for the punishment of certain cap- ital and other high crimes and misdemeanors," reported sundry amend- ments to be made to the same, which report was accepted, and then it was Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, and Mr. Loomis appointed to inform the house of the reasons of Council for proposing the same.
The Committee. to whom was referred the bill Entitled "An act in addition to and in explanation of an act regulating the office and duty of Sheriff, High Bailiff, their respective deputies, and constables," re- ported sundry amendments to be made to said bill, which report was accepted, and then it was Resolved, To concur with the house in pass- ing said bill into a law, with said proposals of amendment, and Mr. Ga- lusha appointed to inform the house of the reasons of Council for pro- posing the same.
The same Committee also reported that the other bill with the same title as the last ought not to pass, whereupon Resolved. That the Governor and Council do nonconeur with the house in passing said bill, as they have incorporated the substance of the same into a bill previously passed, by the house, with the same title.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Committee, to whom was referred a bill En- titled "An act in amendment of the laws now in force for regulating and governing the Militia of this State," reported that the same ought not to pass, whereupon Resolved, To nonconcur with the house in passing this bill into a law, and for the following reasons. viz. The bill provides that a Squadron of horse, which is only the half of a Regiment, shall consti- tute a Colonel's Command. This is considered to be against all military rules, and would lessen that dignity which would otherwise be attached to the command and rank of a Colonel of the horse-and the Council are of opinion, that suitable provision is allready made for the regulation and government of the Cavalry, in and by the act forming them into Squadrons.
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