USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 20
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An Engrossed bill, passed in the house of Representatives, Entitled "An act establishing the County Grammar School of the County of Or- ange in the town of Randolph," was sent up for revision &c. and being read, it was Resolved, To concur with the house in passing said bill into a Law.
142
Governor and Council-November 1806.
The Committee, to whom was referred the bill Entitled "An act lay- ing a Tax of two Cents per acre on Kelly's Grant No. 2," reported that the same ought to pass, whereupon 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 in addition to and amendment of an act laying a tax on the Township of Smithfield" [part of Fairfield and Bakersfield, ] was sent up for revision &c. and the same being read, on motion Resolved, To non- concur with the house in passing said bill into a law, and for the follow- ing reasons, viz. 1. It does not appear that any public notice has been given of a design to apply for any legislative provision on the subject of this bill. 2. No evidence, that the former Collector has not performed ' his duty in the premises has been adduced. 3. No evidence is offered to show that any part of the tax granted in 1791 was expended within the time limited by Law. 4. The Lands taxed by the law of 1791 may have passed thro' many hands since that time, in which case it cannot be presumed that the present owner is possessed of such receipts of the Collector as may have been given; and it may be fairly presumed that they are liable to suffer an injury should this bill become a law. 5. The delay of the Committee in exhibiting their accounts, and their further delay in applying for legislative aid, afford a strong presumption that no material injury will be done should no such aid be given. 6. It does not even appear that the Committee appointed in 1791 have ever sug- gested a wish for any legislative aid, nor that any one complains of hav- ing sustained any injury in the premises. 7. So that it does not appear that enacting this bill would have any other than an injurious effect.
Adjourned untill 9 O'clock Tomorrow morning.
SATURDAY, November 8th, 1806, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following written messages were received from the house: "In General Assembly Nov. 7, 1806. Resolved to concur with the Governor and Council in their proposed amendments to the bill Entitled "An act appointing a Committee to lay a road from the south line of Burke to Canada line," and A bill Entitled " An act authorising the proprietors and landowners of Norwich to establish the division of their lands." Extract from the Journals, Attest M. Post Clerk." " In General As- sembly Nov. 7, 1806-Resolved that the house concur with the Governor and Council in passing the following bills into laws with the amend- ments proposed by the Governor and Council, viz. A bill Entitled " An act in addition to and explanation of an act regulating the office and duty of Sheriff" &c .; A bill Entitled " An act in addition to and in amendment of an act. Entitled an act incorporating certain persons therein mentioned by the name of the Rutland and Stockbridge Turn- pike Company;" A bill Entitled "An act in addition to an act Entitled an act incorporating certain persons therein mentioned by the name of the Center Turnpike Company;" A bill Entitled "An act in amendment of . an act Entitled an act for the punishment of certain capital and other high crimes and misdemeanors," and A bill Entitled "An act providing for a new trial in a case therein mentioned." Extract from the Jour- nals, Att. M. Post Clk."
The Committee, to whom was referred the bill Entitled " An act es- tablishing a State Bank," reported sundry amendments to be made to the same, which were adopted, and on the motion [question] shall the said bill pass as amended, the yeas and nays being required were as fol-
143
Governor and Council-November 1806.
lows-Yeas, Govr. Brigham, Messs. Keyes, Loomis, Wheelock. Shepard- son, Witherell, White, Fletcher, Spooner & Wright. Nays, Mess. Galu- sha and Niles. Yeas 10, Nays 2, so it was Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, and Gov. Brigham appointed to inform the house of the reasons of Council for the same.
A bill Entitled " An act in addition to an act Entitled an act for the relief of idiots and distracted persons," was received from the house with this order thereon-" In General Assembly Nov. 8, 1806. Read the Second time and recommitted to the former joint Committee. 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 in addition to and alteration of an act Entitled an act relating to pounds, estrays, and lost Goods," was sent up for revision &c. and be- ing read, Ordered. That it be referred to Gov. Brigham.
An Engrossed bill, passed in the house of Representatives, Entitled "an act in addition to an act Entitled an aet regulating marriage and divorce," was sent up for revision &c. read, and Ordered. That it be re- ferred to Mr. Galusha.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following bills, passed in the house of Repre- sentatives, were sent up for revision & concurrence or proposals of amendment-"An act to prevent kidnapping ; An act directing the Treasurer to credit the town of Sharon the sum therein mentioned; An act directing the Treasurer to credit the Town of Minehead [Bloomfield] the sum therein mentioned; An act in addition to an act authorising Sheriff's to lease out Goal-houses, passed Novr. 10th, 1802; An act in alteration of an act Entitled an act incorporating certain Turnpike Companies in the western Counties in this State; An act to revive two certain acts laying land taxes, the one on the Town of Craftsbury, the other ou the town of Hardwick," and "An act appointing a Committee to lay out a County road from Derby to Guildhall," 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 and alteration of an act relating to Pounds, Estrays, and lost Goods," reported that it ought to pass, whereupon Resolved, To concur with the house in passing said bill into a Law.
Adjourned untill 9 O'clock Monday morning.
MONDAY, November 10th, 1806. 9 O'clock A. M.
The following resolution was received from the house-"In General Assembly Nov. S, 1806. Resolved that a Committee be appointed, to join Committee from Council, to make and receive proposals for com- promising the dispute relating to the town of Wheelock. Members chosen, Messs. D. Chipman, Chase & Spencer. Extract from the Jour- nals, Attest M. Post Clerk" and the same being [read,] Resolved, To concur therein and Gov. Brigham and Mr. Witherefl appointed a Com- mittee on the part of the Council.
The bill Entitled "An act establishing a State Bank," to which the Governor and Council on the 8th Int. had made certain proposals of amendment, was returned from the house by Mr. [Titus] Hutchinson, a Member, with this order thereon-" In General Assembly Nov. 8, 1806.
144
Governor and Council -November 1806.
Resolved that the house concur in all the amendments proposed by the Governor and Council except that proposed to the 9th Section, and that, in this, they nonconcur, and that Mr. Hutchinson be requested to return the bill with notice hereof & of the reasons for the same. Attest M. Post Clerk"-and after assigning the reasons. Mr. Hutchinson withdrew -and the said bill and amendment rejected by the house being again read, on motion, Resolved. To rescind from said proposal of amendment nonconcurred by the house, and to concur in passing said bill into a law, without any further amendment.
The Committee, to whom was referred the bill Entitled "An act ma- king provision for the payment of Grand and Petit Jurors." reported sundry amendments to be made to the same, which report was accepted, and on motion Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, and Mr. Galusha appointed to inform the house of the reasons of Council for proposing the same.
The following resolution was received from the house-" In General Assembly Nov. 10, 1806. Resolved, the Governor & Council concur- ring herein, that both branches of the Legislature meet in joint Com- mittee, in the Representatives' room, at the opening of the house this afternoon, for the purpose of Electing thirteen directors of the Vermont State Bank. Read & Adopted. Attest M. Post Clk."-and the said resolution being read, Resolved, To concur with the house therein.
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 township of Navy [Charleston,] and three cents per acre on the Township of Random" [Brighton,] and "An act in addition to and in amendment of an act Entitled an act lay- ing a tax of three cents per acre on the town of Plymouth," and the said bills being severally read and considered, Resolved, To concur with the house in passing them, respectively, into laws.
Mr. Fletcher asked and obtained leave of absence for the remainder of the session.
Adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M. - Pursuant to the Concurrent resolution of both houses. the Governor and Council proceeded to the representatives' room and met the house in joint Committee for the purpose of Electing Thirteen Directors of the Vermont State Bank, and having finished the same, the joint Committee was dissolved, and the Governor and Council returned to their Chamber.1
On motion, Resolved, The house of Representatives concurring herein, that both branches of the Legislature meet in the Represent- atives' room at eleven O'clock Tomorrow morning, for the purpose of adjourning the Legislature without day. Ordered, That the Secretary carry the same to the house.
The Committee. to whom was referred the bill Entitled "An act in addition to an act Entitled an act regulating marriage and divorce," reported sundry amendments 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 proposal of amendment, and Mr. Galusha appointed to inform the house of the reasons of Council for proposing the same.
The Debenture of the Lt. Governor and Council for the present ses- sion was read, approved, and ordered to be entered on the Journals.
1 See Appendix D.
Governor and Council-November 1806.
145
Debenture of Lt. Governor & Council, October Session, 1806.
Travel.
Amount
of
Travel.
Days of
Attendance.
Amount
of
Attendance.
Whole
Amount.
His Honor Paul Brigham Lt. Gov.
65
$7,80
34
$136
143,80
Hon! Jonas Galusha .... Councillor.
82
9|84
34
51
60 84
. Noah Chittenden.
36
4 32
25
37
50
41 82
. Elias Keyes ..
31
3 72
25
37
50
41 22
. Beriah Loomis
70
8 40
34
51
59 40
Nathaniel Niles
78
9|36
34
51
60 36
.. Ebenezer Wheelock.
9
1 08
34
51
52 08
. Samuel Shepardson.
113
13 56
34
51
64 56
. James Witherell.
32
3 84
34
51
54 84
. John White ..
55
6.60
34
51
57 60
. Asaph Fletcher.
57
6 84
33
49 50
56 34
.. Eliaķim Spooner
85
10 20
34
51
61 20
.. Josiah Wright
100
12
34
51
63
William Page Junr. Secy.
32
3 84
34
85
88 84
William Slade Esquire Sheriff.
5
60
34
51
51|60
$102
$845|50
$957|50
Mr. Shepardson was appointed a Committee to receive the Debenture of Council.
The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment-"An act annexing the Company of artillery attached to the second Brigade in the second Division of the Militia of this State to the third Regiment of the aforesaid brigade," and "An act in addition to and amendment of an act regulating fees"-and the said bills being read and considered, Resolved, To concur with the house in passing them, respectively, into laws.
Adjourned untill 9 O'clock Tomorrow morning.
MIDDLEBURY, Tuesday, November 11th, 1806, 9 O'clock A. M. The Council met pursuant to adjournment.
The following bills, passed in the house of Representatives, were sent for revision & concurrence or proposals of amendment-"An act laying duties on licenses to Hawkers and Pedlars," and "An act relating to the duties of the Grand Jury empanelled by the Supreme Court," 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 making the necessary appropriations for the support of government during the present year, and for other purposes," was sent up for re- vision &c. read, amended, & then 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 them.
The resolution of Council relative to the adjournment of the Legisla- ture was returned from the house concurred.
10
$ Cts.
146
Governor and Council-November 1806.
The following message was received from the house-" In General Assembly Nov. 11, 1806. Resolved to concur with the Governor and Council in their amendments to the following bills, viz. A bill Entitled · "an act in addition to an act regulating marriage and divorce," and A bill Entitled "An act making provision for the payment of Grand and Petit Jurors." Extract from the Journals, Attest M. Post Clerk."
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 Center Turnpike Company," was sent up for revision &c. read, amended, and Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, and Mr. Galusha appointed to inform the house of the reasons of Council in proposing them.
The following written message was received from the house-" In General Assembly Nov. 11th, 1806. Resolved to concur with the Gover- nor and Council in their amendment to the bill making appropriation for the support of Government" &c. Extract from the Journals, Att. M. Post Clk."
A bill, passed in the house of Representatives, Entitled " An act to incorporate the Orleans Agricultural Society," was sent up for revision &c. read, amended, and then Resolved, To concur with the house in passing said bill into a law, with said proposals of amendment, and Mr. Niles appointed to inform the house of the reasons of Council for pro- posing the same. 1
The following written message was received from the house: "In General Assembly Nov. 11th, 1806-Resolved to concur with the Gov- ernor and Council in their amendments to a bill Entitled "An act in addition to an act incorporating certain persons therein mentioned by the name of the Center Turnpike Company." and a bill Entitled "An act to incorporate the Vermont Agricultural Society"-and the said bills have become laws of this State. Attest M. Post Clerk."
Mr. Luce, member of the house, appeared in the Council Chamber and informed the Governor and Council that the house was now ready to meet them in the Representatives' room and adjourn the Legislature without day.
The Governor and Council accordingly proceeded to the Representa- tives' room, and after an appropriate prayer by the Rev. Mr. Merrill, the Chaplain, the Sheriff of Addison County, by direction of the Governor, adjourned the Legislature without day, and made public proclamation of the same.
A true Journal,
Attest WILLIAM PAGE Jur. Secy.
1 The amendment changed the name to Vermont Agricultural Society.
.
4
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THIRTY-FIRST COUNCIL.
OCTOBER 1807 TO OCTOBER 1808.
ISRAEL SMITH, Rutland, Governor. PAUL BRIGHAM, Norwich, Lieut. Governor.
Councillors :
NATHANIEL NILES, West Fairlee, JONAS GALUSHA, Shaftsbury, 1
BERIAH LOOMIS, Thetford,
NOAH CHITTENDEN, Jericho,
·ELIAKIM SPOONER, Westminster,
ASAPH FLETCHER, Cavendish,
ELIAS KEYES, Stockbridge,
SAMUEL SHEPARDSON, Guilford,
EBENEZER WHEELOCK, Whiting,
JOSIAH WRIGHT, Pownal,
EZRA BUTLER, Waterbury,
SAMUEL SHAW, Castleton.
WILLIAM PAGE, Jr., Secretary, until Oct. 14. ROLLIN C. MALLARY, Castleton, Secretary, from Oct. 14. WILLIAM STRONG, Hartford,? Sheriff.
BIOGRAPHICAL NOTICES.
ISRAEL SMITH was born in Suffield, Conn., April 4 1759, graduated at Yale college in 1781, and became a resident of Rupert in 1783, when he was admitted to the bar in this State. He represented Rupert in the General Assembly in 1785 and 1788, '89 and '90, and in the Constitu- tional Convention of 1791, in which year he removed to Rutland. He was one of the Commissioners named in the act of 1789 to settle the controversy with New York. He represented the south western dis- trict of Vermont in Congress from 1791 to 1797, when he was elected Chief Judge of the Supreme Court and served one year. He was the chief victim of the "Vergennes slaughter-house " in 1798, when the Federalists, for party reasons, refused to re-elect him. He was again elected Chief Justice of the Supreme Court in 1801, but declined the
1 Mr. Galusha resigned on taking the oath as Assistant Judge of the Supreme Court, Oct. 15, 1807. The vacancy was not filled.
2 Subsequently of Woodstock.
148
Biographical Notices.
office. He was United States Senator 1803 to 1807, when he resigned that office to accept the executive chair. In his message he ably argued the matter of punishment for crimes, and his influence was used to secure the construction of the State Prison. The tradition is, that the . anticipated cost of the prison was regarded as a burden too heavy to be borne, and that, because of Gov. Smith's connection with that matter, he was defeated in 1808. His talents were good ; "he was a noble looking man and got the name of the handsome judge ; " distinguished for " amiable candor," and "inflexible integrity; " and at his death "all united in deploring the loss of a DIGNIFIED STATESMAN and MUCH ESTEEMED MAN." Shortly after his term as governor expired, his health began to fail, and he died at Rutland Dec. 2 1810, in the fifty-second year of his age. He was brother of Hon. Noah Smith, for a notice of whom see Vol. Iv,.p. 168 .- H. Hall's Early History of Vermont ; Drake's Dictionary of American Biography ; Deming's Catalogue ; Vt. Historical Magazine, Vol. I, article " Rupert ; " and Rutland Herald, copied by the Northern Centinel, [ Burlington,] of Dec. 27 1810.
EZRA BUTLER, born in Lancaster, Mass., Sept. 24th, 1763, came from Weathersfield to Waterbury in 1785 to prepare a residence, which was occupied by the family in 1786. He was the second settler in Water- bury, and the first town clerk, appointed March 31 1790, and from that date until 1832 he was almost constantly in public service. He was elected town representative for eleven years, but in the last year (1807) he was also elected Councillor, and after two days' service in the House he took his seat in the Council. He served in the Council sixteen years, when he was elected Governor in 1826, and re-elected in 1827. He served one term in Congress, 1813 to March 1815, and in Sept. 1815 he was again elected to the Council. He was Judge of the County Court for twenty years, and was in that office when he was elected Governor. He was one of the Council of Censors in 1806, and a delegate in the · Constitutional Convention of 1822. Gov. Butler was a Democrat of the school of Jefferson, for whom and George Clinton. as Presidential elec- tor, he voted in 1804. He was subsequently Elector for three terms, and voted as follows : in 1820 for Monroe and Tompkins ; in 1828 for John Quincy Adams and Richard Rush ; and in 1832 for William Wirt and Amos Elmaker. The last votes indicate his judgment against free- masonry. Reckoning by the offices he filled, (he frequently served in more than one office at the same time.) his public service covered sixty- five years. This, however, does not embrace his service to the public in a different and even higher character : inasmuch as, about 1800, he was ordained an Elder in the Baptist Church, and in that capacity was a teacher of religion until his death, July 12 1838. In answer to the inquiry whether any portrait of Gov. Butler was ever painted, the reply of a member of the family was, "that there was not-he was not that sort of man." It is true that he was a modest mannered man, of a grave
149
Biographical Notices.
countenance and moderate in speech, apparently conscientious in the discharge of every duty, and firm in his convictions. His integrity and sound judgment secured for him the extraordinary measure of public confidence which was accorded to him from first to last, not the arts of the mere politician, brilliant talents, and graceful manners. The editor of this volume listened to one of his annual speeches as governor-prob- ably the last. It was delivered in person from the desk of the Speaker of the House, and in a style like that of a sermon ; and the tradition is, that on the conclusion of one of his executive speeches, a man in the gallery invited the joint assembly to "sing Mear." Whether this be true or not, the suggestion was truly indicative of the ministerial man- ner of the excellent Governor .- Drake's Dictionary of American Biog- raphy ; Thompson's Vermont ; Parker's Early History of Waterbury; and Deming's Catalogue.
Doct. SAMUEL SHAW, born in Dighton, Mass. in Dec. 1768, removed to Putney, Vt. in 1778, and to Castleton in 1787, when he entered upon the practice of his profession at the age of nineteen, and became eminent as a surgeon. "He entered early into politics, and was one of the vic- tims of the sedition law ; for his denunciation of the administration of John Adams, he was imprisoned, and liberated by the people without the forms of law."1 He represented Castleton in the General Assembly 1800 until 1807, when he was elected to each house and accepted the office of Councillor. He served but one year, having been defeated in 1808, when the Federalists elected ten of the twelve Councillors. He was elected to Congress, however, in 1808 and served until March 1813. On his retirement from Congress he was appointed surgeon in the U. S. army, which office he filled until 1816. As an instance of his physical strength, it is stated that he rode on horseback from St. Louis, Missouri, to Albany, N. Y., in twenty-nine days. He died at Clarendon, Vt., Oct. 22 1827 .- Lanman's Dictionary of Congress; and Deming's Catalogue.
ROLLIN CARLOS MALLARY was born in Cheshire, Conn., May 27 1784, and graduated at Middlebury College in the class of 1805. He practiced law in Castleton from 1807 to 1818, and in Poultney from 1818 until his death. He served as Secretary of the Governor and Council 1807 and 1809 until 1813; as State's Attorney for Rutland County 1810 until 1813, and again in 1815 ; and as Member of Congress 1819 until 1831, in which year, April 15th, he died at Baltimore, Md. A zeal- ous advocate of protection to American manufactures, as chairman of the committee of manufactures he reported the tariff of 1828 and exerted himself greatly to procure its passage. Charles Lanman has stated that "he was held in the highest estimation both for his public acts and private virtues." Rev. Charles D. Mallary, D. D., a Baptist clergyman,
Lanman's Dictionary of Congress. The editor of this volume has not been able to verify the statement above quoted.
150
Governor and Council-October 1807.
born at Poultney in Jan. 1801, and a principal founder of Mercer (Georgia) University, was a brother .- Drake's Dictionary of American Biography; Lanman's Dictionary of Congress; and Deming's Catalogue.
WILLIAM STRONG, born in Windham County, Conn., represented Hartford, Vt., in the General Assembly seven years, beginning in 1798 ; was Sheriff of Windsor County 1802 until 1810, and Assistant Judge in 1816 ; and Representative in Congress 1811 until March 1815, and again 1819 until March 1822 .- Lanman's Dictionary of Congress; and Deming's Catalogue.
1
RECORD OF THE GOVERNOR AND COUNCIL
AT THE - SESSION OF THE GENERAL ASSEMBLY AT WOODSTOCK, OCTOBER 1807.
WOODSTOCK, STATE OF VERMONT SS. A Journal of the pro- ceedings of the Governor and Council of the State of Vermont at their Session begun and holden at Woodstock within and for said state on the second thursday of October in the year of our Lord one thousand eight hundred and seven, and of the independence of the United States the thirty second, pursuant to the laws and constitution of this State. Pres- ent His Ex. Isaac Tichenor Governor. His Hon. Paul Brigham Lieut. Governor. Of the Council, Honorable Jonas Galusha Beriah Loomis Noah Chittenden Eliakim Spooner Ebenezer Wheelock Nathaniel Niles Elias Keyes Asaph Fletcher Samuel Shepardson & Josiah Wright. William Page Jr. Secretary-William Strong Sheriff.
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