USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 2
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The following Resolution was introduced by Mr. Niles-Resolved, That --- be a Committee from the Council to join such Commit- tee as the House of Representatives shall appoint, to consider and make report in what manner the unfinished business before Council. referred from the last Session of the Legislature, shall be taken up, which resolu. tion was adopted, Mr. Niles appointed the Committee from Council, and Ordered, That the Secretary carry the same to the House and request their concurrence.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Governor communicated to the Council a Let- ter from James Madison Esquire, Secretary of State of the United States, informing that three fourths of the States had ratified an Article of Amendment proposed by Congress at their last Session to be added to the Constitution of the United States, and that it had become a part thereof 1-and also a Letter from General Philip Schuyler on the subject of the Northern Boundary line of this State" -- which, after being read,
1 Twelfth amendment.
2 See Appendix E.
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Governor and Council-October 1804.
were enclosed to the Speaker of the House of Representatives, and the Secretary ordered to carry them to the House.
Three Petitions praying for Grants of Turnpike Roads, one from Jo- seph Robinson and others of Swanton. one from Daniel Campbell and others, and one from Gilbert Hurd and others, were received from the House with the following order on each: "In General Assembly Octr. 15th, 1804, Read and Referred to the Turnpike Committee, to join. At- test A. Haswell Clk. Pro Tem." whereupon it was Resolved, That the Governor and Council concur in the above Reference.
The Petition of the Selectmen of Minehead [Bloomfield] for a Land Tax was received from the House with this order thereon: " In General Assembly Octr. 15, 1804, Read & Referred to the First Land-Tax Com- mittee. Attest A. Haswell Clk. Pro Tem." Also a Petition for the Revival of Land Taxes in Essex with this order thereon: " In General Assembly Octr. 15, 1804, Read and Referred to the Third Land-Tax Committee. Attest A. Haswell Clk. Pro Tem." And a Petition for a Land-Tax on Wenlock and Brunswick with this order thereon: "In General Assembly Octr. 15, 1804, Read and Referred to the Second Land- Tax Committee. Attest A. Haswell Clk. Pro Tem." whereupon it was Resolved, That the Governor and Council concur in the above Refer- ences.
A Petition from the Inhabitants of Bromley [Peru] was received from the House with this order minuted thereon: "In General Assem- bly Octr. 15, 1804, Read and Referred to Committee on Petition of Nathaniel Greely, to join-Noyes, J. Fisk, and E. Hale. Attest A. Haswell Clk. Pro Tem." which was read and it was Resolved, That Mr. White join the Committee appointed by the House.
The Petition of the Inhabitants of Medway [Mendon] was received from the House with this order thereon: "In General Assembly Octr. 15, 1804, Read and Referred to Mess. E. Emerson, Emmons, & E. Jones, to join. Attest, A. Haswell Clk. Pro Tem." which was read and it was Resolved, That Mr. Keyes join the aforesaid Committee from the House.
A Petition from Benjamin Jaquith and others, praying for a grant of the Glebe Lands in Hartland, was received from the House with this order thereon: "In General Assembly Octr. 15, 1804, Referred to Messs. Hibbard, Beach, E. Jewett, J. Brigham, and Safford, to join. Attest A. Haswell Clk. Pro Tem." which was read and it was Resolved, That Gov. Brigham join the Committee appointed by the House.
A Petition from Benjamin Burtch was sent from the House with this order thereon: "In General Assembly Octr. 13, 1804, Referred to the Committee appointed on the Petition of Benja. Jaquith and others. Attest A. Hlaswell Clk. Pro Tem." whereupon it was Resolved, That the Governor and Council concur in the above Reference.
A Petition from the Inhabitants of Knight's Gore [or Knoulton's Grant, now Bakersfield,] was received from the House with the follow- ing order minuted thereon: "In General Assembly Oct. 15, 1804, Read and Referred to Paul Brigham,1 Brown. and Foot. to join. Attest A. Haswell, Clk. Pro Tem," which being read it was Resolved, That Mr. Fletcher join the aforesaid Committee from the House.
The following Resolution was received from the House: "In General Assembly Octr. 13th, 1804, Resolved, the Governor and Council concur- ring therein, that the members of both Houses convene in joint Com- mittee, in the Representatives' Room, at the opening of the House in the afternoon on Tuesday next, for the purpose of electing the Judges
1 Paul W. Brigham of Sharon.
9
Governor and Council-October 1804.
of the Supreme Court for the year ensuing. Read and passed. Extract from the Journals, Att. A. Haswell Clk. Pro Tem." which was read and it was Resolved, That the Governor and Council concur therein, and Ordered, That the Secretary acquaint the House of such concur- rence.
Adjourned to 9 O'clock Tomorrow Morning.
TUESDAY, October 16th. 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
A Bill, passed in the House of Representatives, Entitled " An act directing the Treasurer to pay to Anthony Haswell the sum therein mentioned," was sent up to Council for their Revision, concurrence, or proposals of amendment, and being Read it was Resolved to concur with the House in passing the same into a Law.
Two Petitions, one from the Inhabitants of Maidstone, and the other from the Proprietors and Landowners of Westford, praying for Land- Taxes of their respective Towns, were received from the House with this order on each: "In Gen1. Assembly Octr. 15, 1804. Read and Re- ferred to the Third Land-Tax Committee. Attest A. Haswell Clk Pro Tem." which were read and it was Resolved to concur in the aforesaid Reference.
The Resolution, which originated in Council, appointing a Committee to join a Committee from the House, to consider and make report in what manner the unfinished business before Council, referred from the last Session of the Legislature, shall be taken up, was returned from the House with the following order thereon: "In General Assembly Octr. 15, 1804. Read and Concurred in by the House and Mess. Shaw, Chip- man, and Sheldon appointed a Committee accordingly. Attest A. Haswell Clk. Pro Tem."
Two Petitions, one from Easthaven, the other from Newark, praying for Land-Taxes, were received from the House with this order on each: "In General Assembly Octr. 15, 1804. Referred to the Second Land- Tax Committee, to join. Attest A. Haswell Clk. Pro Tem." whereupon it was Resolved, That the Governor and Council concur in the above reference.
A Petition, praying for a Land-Tax on West Fairlee, was sent up from the House with this order thereon: "In General Assembly Octr. 15, 1804, Referred to the First Land-Tax Committee. Attest A. Has- well Clk. Pro Tem." which was read and it was Resolved to concur in the Reference made by the House.
Nine Petitions, praying for Turnpike Roads, one from John Stanley and others, one from Wm. C. Harrington, one from Barnet, one from Westford, one from Billymead [Sutton,] one from Lyndon, one from St. Johnsbury, one from Burke, and one other for a Turnpike Road from Danby through Harwich [Mount Tabor] to Dorset, were received from the House with the following order on Each: "In General Assembly Octr. 15th, 1804, Read and Referred to the First Turnpike Committee, to join. Attest A. Haswell Clk. Pro Tem." whereupon it was Resolved to concur in the Reference of the said Petitions.
A Bill, Entitled "An Act concerning costs of criminal prosecutions," was sent up from the House with this order thereon: "In General As- sembly Octr. 16, 1804, Brought in on motion of Mr. [Titus] Hutchinson, Read and referred to Mess. Hutchinson, [Daniel] Chipman, and [Arad] Hunt, to join such Committee as Governor and Council may appoint.
10
Governor and Council-October 1804.
Attest A. Haswell Clk. Pro Tem," which was read and it was Resolved, That Mr. Loomis join the Committee appointed by the House.
An Engrossed Bill, Entitled "An Act laying a Tax of Two Cents per acre on Philadelphia," [Chittenden in part,] referred from the last Session of the Legislature. was received from the House with this order thereon: "In General Assembly Octr. 13, 1804. Referred to the Third Land-Tax Committee. Attest A. Haswell Clk. Pro Tem." whereupon it was Resolved, To concur in the Reference made by the House.
The Letter of General Schuyler, communicated to the House of Rep- resentatives by the Governor, was returned from the House with the following order thereon: " In General Assembly Octr. 15, 1804, Read and referred to a Committee of Five, to join, viz. J. Fisk, Wm. C. Harring- ton, Shaw, Enos and Buel. Attest, A. Haswell Clk. Pro Tem." The order of the House being read it was Resolved, That Mr. Niles join the Committee appointed by the House.
The following Resolution was Received from the House: "In General Assembly Octr. 15, 1804-Whereas it appears to this Assembly that there is great want of regularity in the rules, regulations and proceedings in the different County Courts in the various parts of this State: In some Counties a more prompt adherance to rules and speedy execution of Justice: In others a greater relaxation and indulgent delays, to the unequal distribution of speedy justice among the Citizens of the various parts of this State, who have interchangeable deal and demands: There- fore, Resolved, by this Assembly, that a Committee, consisting of a Member from each County, be appointed to join Committee from Coun- cil, to take under consideration and point out some more effectual meas- ures for uniformity and dispatch in the Proceedings of the County Courts in this State, and report by Bill or otherwise. Octr. 15, 1804, Extract from the Journals, Attest A. Haswell Clk. P. Tem. Com- mittee appointed by the House, Messs Solo. Wright, [Lemuel] Whitney, D. Dyer, [Elihu] Luce, [Daniel] Chipman, [Nathaniel] Wheatley, J. Jones, [John} Cameron, [Solomon] Walbridge, [Luther] Chapin and [Samuel] Beach. Attest A. Haswell Clk. Pro Tem." which Resolution being Read it was Resolved to concur therein, and that Mess. Witherell and Galusha join the Committee appointed by the House.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- The Governor and Council, agreeably with the Concurrent Resolution of both Houses, proceeded to the Representa- tives' Room, and after having chosen the Judges of the Supreme Court, the Council returned to their Chamber and resumed the consideration of business.
Two Petitions, one from the Inhabitants of the Town of Windham, and one other from the Towns of Random [Brighton,] Newark, East- haven, Granby, and Guildhall, praying for Land-Taxes on those respec- tive Towns, were received from the House with this order on each: "In General Assembly Octr. 16, 1804, Referred to the First Land-Tax Com- mittee, to join with Council. Attest Martin Post Clk." whereupon it was Resolved, That the Council join the House in the above reference.
A Petition for a Land-Tax on Groton was sent from the House with this order minuted thereon: " In General Assembly Octr. 16, 1804, Called up and Referred to the Second Land-Tax Committee, to join. Attest M. Post Clk." on which it was Resolved to concur in the above reference.
The Petition of Caleb Blodget for a new Trial was received from the House with this order thereon: " In General Assembly Octr. 16, 1804, Read and Referred to the Committee for new Trials, to join. Attest
11
Governor and Council-October 1804.
M. Post Clk." which was read and it was Resolved. that Mr. Galusha join the Committee for new trials appointed by the House.
A Petition and Remonstrance from the Town of Shrewsbury, also one from the Town of Danby, against granting Turnpike Roads, were re- ceived from the House with this order on each: " In General Assembly Octr. 16, 1804, Read and Referred to the First Turnpike Committee. to join. Attest M. Post Clk." which was read and it was Resolved to con- cur in the above reference.
Four Petitions, one from Proprietors of Williamstown Centre Turn- pike, one from the President and Directors of the Green Mountain Turnpike Company, one from the Weathersfield Turnpike Corporation. and one other from the Caledonia Turnpike Company, were received from the House with the following order on each: "In General As- sembly Octr. 16th, 1804, Read and Referred to the Second Turnpike Com- mittee-Mess. Shaw, Chipman, Hunt, Potter, and Enoch HIale, to join Committee from Council. Attest M. Post Clk." upon which it was Resolved. That Mess. Safford and Chittenden join the Second Turnpike Committee appointed by the House.
A Bill, referred from the last Session of the Legislature, Entitled "An Act directing Listers in their Office and Duty," was sent up from the House with the following order of the House thereon: "In General Assembly Octr. 13, 1804, Committed to Mess. Buel, Bump, & D. Dyer. Attest A. Haswell Clk. Pro Ten. Octr. 15th, Mess. Shumway, Chipman, Rich, and Richards added to former Committee, to join such Committee as the Governor and Council may appoint. Attest M. Post Clerk." which being read it was Resolved, That Gov. Brigham and Mr. With- erell join the aforesaid Committee appointed by the House.
Adjourned to Tomorrow Morning at 9 O'clk.
WEDNESDAY October 17tb, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
Agreeably with the Concurrent Resolution of both Houses the Gov- ernor and Council proceeded to the Representatives' Room, for the purpose of receiving the County Nominations and appointing the sev- eral County Officers, and after making some progress the joint Com- mittee was adjourned to the opening of the House on Tuesday next in the afternoon, and the Council returned to their Chamber and Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- Mr. Keyes asked for leave of absence until Monday next, and on motion it was Resolved, That he have leave.
A Bill, passed in the House of Representatives, Entitled " An act directing the Treasurer to pay to Solomon Bingham Jur the sum therein mentioned." was sent to the Governor and Council for their Revision, 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,
The Petition of Timothy Lovell against Joseph Ackley was received from the House with the following order thereon: "In General As- sembly Octr. 16th, 1804, Read and Referred to Messs. Shumway. Solo. Wright, and E. Porter. Octr. 17th. ordered to join Committee from Council. Attest M. Post Clk." which was read and it was Resolved, That Mr. White join the Committee appointed by the House.
A Petition for a Turnpike Road, from the Green Mountain Turnpike to Rutland Court-House, was received from the House with this order thereon: "In General Assembly Octr. 17th, 1804, Read and Referred to
12
Governor and Council-October 1804.
the First Turnpike Committee, to join. Attest M. Post Clk." where- upon it was Resolved. To concur in the above Reference.
The Memorial of Hadlock Marcy and others was received from the Honse with this order thereon: " In General Assembly Octr. 17, 1804, Read and Referred to Mess. Hurd, Hunt, and Norton, to join Commit- tee from Council. Attest M. Post Clerk," upon which it was Resolved, That Mr. Spooner join the aforesaid Committee appointed by the House.
The following Resolution was sent from the House of Representa- tives: " On Motion, Resolved, That it be recommended to the Governor, by and with the advice and consent of Council, to appoint Thursday the sixth day of December next to be observed as a day of Public Thanks- giving and Praise throughout this State. Resolution passed Octr. 16th, 1804. Attest M. Post Clerk." which Resolution being Read, it was Re- solved, That the Council advise the Governor to issue his Proclamation for the purpose specified in the above Resolution.
The Honorable Jonathan Robinson Esquire appeared in Council and having signified his acceptance of the office of Chief Judge of the Su- preme Court of Judicature and of the Court of Chancery, the Oath of Office, and to Support the Constitution of the United States, were ad- ministered to him by His Honor the Lt. Governor. The Honorable Royall Tyler Esquire also appeared in Council and having signified his acceptance of the office of one of the Assistant Judges of the Supreme Court of Jndicature and of the Court of Chancery, the oath of office and to support the Constitution of the United States were administered to him by His Honor the Lt. Governor.1
A Bill, passed in the House of Representatives, Entitled " An act confirming the Doings of William Darling a Deputy Sheriff of Caledonia County," was sent up to the Council for their Revision &c. and being read it was Resolved. That it be referred to Mess. Niles and Loomis with the accompanying Papers. The Committee on the Bill Entitled " An act confirming the doings of William Darling a Deputy Sheriff of Caledonia County," reported that it ought to pass, upon which it was Resolved, To concur with the House in passing said Bill into a Law ..
Adjourned to 9 O'clock Tomorrow Morning.
THURSDAY October-18th, 1804, 9 O'clk. P. M.
The Council met pursuant to adjournment.
A Bill, passed in the House of Representatives, Entitled " An Act directing the Treasurer to pay to Richard Skinner the sum therein men- tioned," was sent to Council for their Revision &c. and being Read it was Resolved, To concur with the House in passing said Bill into a Law.
A Petition from the Town of Orange, praying for a Land-Tax, was received from the House with this order thereon: " In General Assem- bly Octr. 17, 1804, Referred to the first Land-Tax Committee, to join. Attest M. Post Clk"-whereupon it was Resolved, To concur with the House in the above Reference.
A Petition from the Inhabitants and Landowners of Mt. Tabor, pray- ing for a Land-Tax, was received from the House with this order thereon: "In General Assembly Octr. 17, 1804. Read and Referred to the Second Land-Tax Committee, to join. Attest M. Post Clk "-whereupon it was Resolved, To concur in the Reference of the above Petition.
The Resolution, which originated in Council, relative to the unfinished business before Council, was returned from the House with the following orders and reports thereon: "In General Assembly Octr. 15, 1804, Read and Concurred in by the House, and Mess: Shaw, Chipman, and Sheldon
1 The other judge was Theophilus Harrington.
13
Governor and Council-October 1804.
appointed a Committee accordingly. Extract from the Journals, Attest M. Post Clk. Rutland Octr. 16th, 1804-To the General Assembly now sitting: The Committee to whom the within Resolution was referred, report, that in their opinion, any Bill or Bills described in the Resolu- tion, ought to be repealed and in that way be laid open for the consider- ation of the Present Legislature, and that any other Business before the Council be taken up anew. N. Niles for Come. In General Assembly Octr. 17, 1804. Report of Committee Read, accepted and Mr. Chipman appointed a Committee, to join such Committee as the Governor and Council may appoint, to bring in a bill agreeably to said Report. Ex- tract from the Journals, Attest M. Post Clk." which Report and order of the House thereon being Read it was Resolved, That the Governor and Council do nonconcur with the House in appointing a Committee for the purpose mentioned above, and also that they do not accept the Report of the joint Committee from both Houses. Mr. Galusha then introduced the following Resolution-In Council, Octr. 18, 1804, Re- solved, the General Assembly concurring therein, that the Secretary to the Governor and Council be and he is hereby directed to return all the Bills to the Clerk of the General Assembly, that remained before the Governor and Council at the rising of the Legislature in February last and which were laid over by the Concurrent Resolution of both Houses, in order that [they] may be taken up and acted upon the present Ses- sion-Which Resolution was adopted and Mr. Galusha requested to in- form the House of the Reasons of Council in adopting it. and also the Reasons for which they non-concurred in the orders of the House on the former Resolution.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- Nine Petitions, praying for Turnpike Roads. one from Solo. Strong and others, one from Danby to Manchester, one from Timº. Fisher and others, one from Rutland Court-House to the west line of the State, one from Abraham Bowen and others, one from Orange Train and others, one from Josiah Rising and Harrison Elwell, one from Rutland Court-House to Stockbridge, and one other from Rutland to Stockbridge, were received from the House with the following order on each: "In General Assembly Octr- 18th, 1804, Referred to the first Turn- pike Committee. Attest M. Post Clk."-upon which several Petitions it was Resolved, To concur with the House in their reference to the First Turnpike Comee.
Three Petitions, praying for Land-Taxes, one from Philadelphia. [Chittenden,] one from Barton, and one from Northfield, were received from the House with this order on each: " In General Assembly Octr. 18th, 1804, Referred to the first Land-Tax Committee, to join. Attest M. Post Clk." whereupon it was Resolved to concur in the above Ref- erence of those Petitions.
A Petition for a Land-Tax on the Towns of Ripton, Goshen, and Philadelphia [Chittenden, ] was received from the House with this order thereon: "In General Assembly Octr. 17th, 1804, Referred to the Third Land-Tax Committee, to join. Attest M. Post Clk." in which Refer- ence it was Resolved, To concur.
A Petition from the Inhabitants of Charlotte was recd. from the House with these orders on it: "In General Assembly Oetr. 15th, 1804, Read and Referred to Mess. S. Porter, Lyon, and E. Allen. Attest A. Haswell Clk. Pro Tem. Octr. 18, 1804, The Committee appointed on this Petition was ordered to join such Committee as the Council may appoint. Attest M. Post Clk."-which was read and it was Resolved, That Mr. Chittenden join the above Committee from the House.
14
Governor and Council-October 1804.
A Petition from the Inhabitants of Lyndon was received from the House with this order thereon; "In General Assembly Octr. 18th, 1804, Read and referred to the Committee on the Listers' act, to join &c. Attest M. Post Clk."-which was read [and] it was Resolved, To con- cur in the above Reference.
A Petition from the Inhabitants of Corinth with the following orders thereon was also Received from the House: "In General Assembly Octr. 16th, 1804, Read and Referred to Messs. W. C. Harrington. Sheldon, and Hunt. Attest M. Post Clk. Octr. 17, Ordered that the Committee, to whom this Petition was referred, join with Council. Attest M. Post Clk."-which was read and it was, on motion, Resolved, That Mess. Fletcher & Safford join the abovementioned Committee appointed by the House.
The following Resolution was sent from the House-"In General Assembly Octr. ISth, 1804-On motion of Mr. Tarbox, Voted, That the First Turnpike Committee be discharged from acting on the Bill and Petition relating to a Road thro' Randolph. Extracts from the journals. Attest M. Post Clk."-which Resolution was read, and on motion, Resolved, That the Governor and Council concur in the same.
Two Petitions, one from a number of the Inhabitants of Tinmouth, and one from a number of the Inhabitants of Danby, were received from the House with the following order on each: "In General As- sembly Octr. 17, 1804-Read and Referred to the Committee on the Petition of Benjamin Jaquith. Attest M. Post Clk."-whereupon it was Resolved, To concur in the above reference.
A Communication from Gamaliel Painter Esquire, covering Two Proposals for Building a State's Prison, was received from the House with this order thereon-"In General Assembly Octr. 17, 1804-Read and Referred to Mess. Shumway, Aiken, E. Porter, W. Perry, Bucking- ham, E. Butler, Chipman, Moffet, Pomeroy, Stanley, and D. Dana, to join Committee from Council. Attest M. Post Clk"-which Proposals and Communication were read with the order of the House thereon, and it was, on motion, Resolved, That Govr. Brigham and Mr. Wheelock join the Committee from the House.
Two Engrossed Bills, passed in the House of Representatives, were sent up to Govr and Council for their Revision &c .- one Entitled " An Act remitting a Sum of Money to the Town of New Haven in the State of Vermont"-and the other Entitled "An act directing the Treasurer to pay Samuel French the sum therein mentioned"-which were sever- ally read, and it was, on Motion, Resolved, To concur with the House in passing said Bills into Laws.
Mr. Hutchinson, from the House, informed the Council that the House had rescinded from their acceptance of the Report of the Committee of both Houses on the Resolution, which originated in Council, respecting the unfinished business in Council referred from the adjourned Session of the Legislature, and had also concurred in the Resolution, which originated in Council, directing the Secretary of the Governor and Coun- cil to deliver over all such Bills, referred as aforesaid, to the Clerk of the General Assembly.
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