USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 21
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Resolved that a Comee of 5 members from the Council be appointed to Join such Comee as the General Assembly may please to appoint to Receive, Sort and Count the Votes for the Governor, Lieut. Governor, Treasurer and Councillors for the Year ensuing. Members chosen were, Mr. Galusha, Mr. Wright, Mr. Shepardson, Mr. Keyes and Mr. Wheelock. The members of the above Committee were sworn to the faithful discharge of their duty. Ordered that the Secretary carry the same to the house.
Mr. [Titus] Hutchinson returned from the house and brought the above resolution with this order thereon of the house; " In General As- sembly October 8th, 1807. Resolved that a Committee consisting of three members from each County be appointed to join the above committee from the Council for the purpose mentioned in the above resolu- tion and the following Gentlemen were appointed and sworn to the faithful discharge of their duty. Viz. Messrs. Shumway, Rising, Graves, Whitney, Bradley, Campbell, Shaw, P. Smith, Hendee. [Hunter,] Le- land, Luce, Rich, E. Fuller, S. Jewett, Chase, [Peaslee,] Hotchkiss, Butler, Barney, G. Robinson, Cameron, Griswold, Mattocks, Hazeltine,
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Governor and Council-October 1807.
Farnsworth, Blodget, Baxter, Taylor, Parker, Ingham, Slade, Hibbard, Wood, Borden & Havnes. Extract from the Journals Attest M. Post Clerk."
Adjourd 'till 4 O'clock P. M. 1
4 O CLOCK P. M .- Mr. Bradley, from the House, informed that the Gen1 Assembly was convened in the Representatives' Room ready to meet the Council for the purpose of hearing the Committee appointed to rec've, sort & count the Votes &c. The Governor and Council imme- diately proceeded to the Representatives' room for the purpose above mentioned and the following report was handed in and read as follows- " To the Hon. the General Assembly now sitting : Your Committee appointed to receive, count and sort the Votes for Governor, Lieut. Governor, Treasurer and Councillors for the Year ensuing, Report- that the Hon. Israel Smith Esquire is elected Governor ; that the Hon. Paul Brigham Esquire is elected Lieut. Governor; that Benjamin Swan Esquire is Elected Treasurer-that Jonas Galusha, Elias Keyes, Noah Chittenden, Beriah Loomis, Nathaniel Niles, Asaph Fletcher, Josiah Wright, Ebenezer Wheelock, Samuel Shepardson, Eliakim Spooner. Ezra Butler and Samuel Shaw, Esquires, are elected Councillors for the Year ensuing, all which is respectfully submitted.
JONAS GALUSHA Chairman."
And by direction of the Governor the Sheriff of Windsor County made proclamation of the election of the Persons above named-when the Governor and Council retired to their Chamber.
The Lieut. Governor in the Chair and the Councillors as above when the following resolution was received from the General Assembly -"In Gen1 Assembly Oct. 8th 1807. Resolved that a Committee of three Members be appointed to join such Committee as the Governor and Council may appoint to wait on the Hon. Israel Smith to inform him that he is duly elected Governor in and over the State of Vermont for the year ensuing by the suffrages of the freemen; read and adopted and Messrs. T. Hutchinson, Jacob Smith, and Mr. Shaw were appointed a Committee on the part of the House. Extract from the Journals At- test M. Post Clerk." Which was read and resolved to concur in the within Resolution and that Mr. Niles be a committee for said purpose.
Adjd 'till 9 O Clock to morrow morg.
WOODSTOCK, October 9th 1807.
In Council Present, His Hon. Paul Brigham Lient. Governor. Of the Council The Hon. Jonas Galusha Nathaniel Niles Noah Chittenden Beriah Loomis Elias Keyes Asaph Fletcher Ebenezer Wheelock Elia- kim Spooner Samuel Shepardson & Josiah Wright Esquires. Wil- liam Page Jr Secretary. William Strong Esqr Sheriff.
The Lieut. Governor and Council proceeded to the Representatives' room and after prayers by the Revd Mr Gross the Oaths of Office were administered by the Chief Justice of the State of Vermont to the Lieut. Governor and the above members of Council.
His Excellency Israel Smith appeared in the Council chamber and proceeded with the Lieut. Governor and Council to the Gen1 Assembly and after taking the oaths required by the laws and constitution deliv- ered to both Branches of the Legislature the following Speech .?
1 The election sermon was delivered by Rev. Thomas Gross.
2 For the speech see Appendix A.
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Governor and Council-October 1807.
The Governor and Council returned to their chamber and adjd 'till 2 Oclock P. M.
2 O CLOCK P. M .- The Council met pursuant to adjt And then ad- journed 'till 9 OClock to morrow morning.
WOODSTOCK, October 10th 1807.
The following resolution was received from the house: "In General assembly Oct. 9th 1807. Resolved that a committee consisting of a member from each County be appointed to join such committee as the Governor and Council may appoint to take into consideration the Gov- ernor's speech relating to crimes and punishments ; and that they take into consideration all bills and other papers relating to a State prison, referred from the last session of the legislature. Members chosen Messrs. Shumway, [Samuel] Fletcher, P. Smith, Hunter, Olin, Chase, Putnam, Ware, Hubbard, Olds, Ingham & T. Allen. Extract from the Journals Attest M. Post Clerk." Which was read and resolved that we concur in the above resolution and that Gov. Brigham and Mr. Ga- lusha join the Committee from the house.
The following resolution was recd from the house-"In General As- sembly Oct. 9th 1807, Resolved, the Governor and Council concurring herein, that both houses meet in their separate houses to morrow morning at 10 Oclock and then and there proceed to ballot for some suitable person as a Senator to fill the vacancy in the Senate of the United States occasioned by the election of the Hon. Israel Smith as Governor of this State. And that afterwards both houses meet in joint committee in the Representatives' room for the purpose of declaring the person elected. And that if they do not agree then they immediately proceed by joint ballot to elect a suitable person for a Senator as afore- said. Extract from the Journals Attest M. Post Clerk." Which was read and Resolved to concur with the house therein.
Mr Shaw from the house, informed the Governor and Council that the house would proceed immediately to ballot for a Senator to supply the vacancy in [the] Congress of the United States occasioned by the elec- tion of the Hon. Israel Smith as Governor of this State, and he with- ยท drew; whereupon it was Resolved to proceed at this time to ballot for a Senator as above expressed in the concurrent resolution of both houses; and the ballots being taken, counted and sorted, the Hon. Jonas Galusha had a majority of all the votes and was duly elected on the part of the Council. Mr. [Charles] Rich appeared in Council and informed the Governor and Council that the house had balloted for a Senator and were ready to meet the Governor and Council in the Representatives' room, compare their respective nominations and proceed according to law; and he withdrew. The Governor and the council accordingly went to the representatives' room for the purpose above mentioned and met the house in joint committee when the above proceedings of the Gov- ernor and the Council were read and the proceedings of the house of Representatives as follows; "In gen1 Assembly Oct. 10th 1807, 10 O clock A. M. pursuant to the joint resolution of both houses of this day the General Assembly proceeded to ballot for a suitable person to rep- resent this State in the Senate of the United States in the place of the Hon. Israel Smith Esquire elected Governor of this State; the ballots being taken, counted and sorted the Hon. Jonathan Robinson Esquire was duly elected on the part of the house. Extract from the Journals, Attest M. Post Clerk." And the two houses not agreeing in the nomi-
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nation the joint Committee immediately proceeded by ballot to elect a Senator agreeably to the concurrent resolution of both houses, and the ballots being taken, sorted and counted the Hon. Jonathan Robinson Esquire had a majority of all the votes and was declared duly elected by the joint ballot of both houses; and by the direction of his excellency the Governor the Sheriff of Windsor County made proclamation of the same; and the Governor and Council returned to their chamber.
SATURDAY October 10th, 1807.
The Honorable Samuel Shaw and Ezra Butler appeared in the Coun- cil Chamber and signified their acceptance of their Offices of Councillors to which they had been declared to be elected, and his honor the [Lieut.] Governor Brigham administered the Oaths required by the constitution & laws to Messrs. [Mr. ] Shaw; and Mr. Butler made affirmation.
Adjd to 2 Oclock Afternoon.
[2 O'CLOCK P. M. ]-The Council met pursuant to adjt.
The petition of Oliver Harmon for compensation for confiscated lands was reed from the house with this order thereon-" In General Assem- bly Octr 10th 1807 read and referred to the committee of Claims to join the committee from the Council. Members chosen from the house Messrs D. Chipman, T. Hutchinson, J. Smith. J. Roberts and J. Fisk. Attest M. Post Clerk." And the same being read it was Resolved that Mr. Niles join with the house in their committee on said petition.
An act appointing Daniel Buck and Dudley Chase Esquires to insti- tute a Suit against John Wheelock Esqr respecting the seventh sec- tion of an act therein mentioned, which was received from the honse with this order thereon; "In General Assembly Oct. 10th 1807. Read and referred to Messrs D. Chipman and Chase, Spencer, T. Hutchinson and Rich to join a committee from the Council; Attest M. Post Clk ??- which was read and it was Resolved that Mr. Keyes join the Commit- tee appointed by the house on sd Bill.
Adjourned to 10 O Clock Monday Morning.
WOODSTOCK October 12th 1807.
The Council met pursuant to adjournment.
The petition of Beniah Woodward now confined in Woodstock Goal, stating that he was confined in said Goal on a sentence of the Supreme Court at an adjd Session of said Court in Windsor County, praying that his imprisonment might be remitted, was read and ordered to be laid on the table.
The following resolution was received from the house-" In General Assembly Oct. 10th 1807, Resolved, the Governor and Council concur- ring herein, that both houses meet in the representatives' room in joint committee on tuesday next at 10 OClock in the forenoon for the pur- pose of electing the Judges of the Supreme Court for the year ensuing. Extract from the record Attest M. Post Clerk "-which was read and it was resolved to concur with the house in the same.
The following resolution was received from the house; " In General Assembly Oct. 10th 1807, Resolved, the Governor and Council concur- ring herein, that the Members of both houses meet in County Conven- tions at 4 OClock afternoon for the purpose of making their nomina- tions for county officers for the year ensuing; and that both houses meet
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Governor and Council-October 1807.
in joint committee in the representatives' room at the opening of the house on wednesday morning following for the purpose of making the appointment of such officers. Attest M. Post Clerk "-which was read and concurred.
The petitions of Andrew Lackie. the Selectmen of Williamstown, from Daniel Merriman and others, all praying for relief where mistakes had been made in the grand lists of their respective towns, were re- ceived from the house with this order on each-"In Generall Assembly October 10th 1807, read and referred to the joint Committee of Claims. Attest M. Post Clerk"-which were severally read in Council on the 12th day of the same month and it was resolved to concur with the house in the above reference.
The petition of Jonathan Spafford, praying for an act to suspend all civil prosecutions against him for a term of years, [was received from the house] with this order thereon; "In General Assembly Oct. 10th 1807, Read and referred to Messrs. Fletcher, Hall and Aiken, to be de- nominated the committee of suspension, to join a Committee from Council. Attest M. Post Clerk." Which was read and it was resolved that Mr. Loomis be appointed to join the Committee from the house on the said petition.
The petition of William Scott and John Spencer, and the petition of Luther Baily, each praying for an act to suspend all civil suits against them for a term of years, were recd from the house with this order on each-"In General Assembly October 10th 1807, Read and referred to the Joint committee of Suspension. Attest M. Post Clerk." Which were Severally read and it was resolved to concur with the house in the above reference.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The petition of Joel Eddy, praying for a remission of a fine imposed, upon him by the Supreme Court of Judicature at their term in Windham County in August last on a conviction of passing counterfeited money or bills, was read and ordered to lie on the table until tomorrow morning at 10 OClock in the forenoon.
Adjourned 'till 9 OClock tomorrow Morning.
TUESDAY, October 13th 1807.
The Council met pursuant to adjournment.
The petition of William Slade in the cause of David Ramsdill against him was received from the house with this order thereon-" In General Assembly Oct. 12th 1807. Read and referred to the Committee of New trials to join a Committee from the Council. [Members chosen,] Messrs. Spencer. Mattocks and Ware. Attest M. Post Clerk." Which was read and it was resolved that Mr Fletcher join the Committee ap- pointed on the part of the house on said petition.
The petition of Samuel Horr and others, praying for an act to incor- porate him and his associates for the purpose of Manufacturing Cotten yarn, was received from the house with this Order thereon-" In Gen- eral Assembly October 12th 1807. Read and referred to Messrs Norris, IIotchkiss, D. Chipman, C. Fisk & Blodget to join a Committee from the Council. Attest M. Post Clerk" -- and the same being read it was resolved that Mr Wright join the above Committee.
A petition of Sundry inhabitants of Marshfield, praying for the ex- clusive privilege of manufacturing gun-powder within this state for the term of ten years, was reed from the house with this order thereon: " In General Assembly Oct. 12th 1807, read and referd to the joint Committee
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Governor and Council-October 1807.
[on the petition of ] Samuel Horr and others. Attest M. Post Clerk"- which was read and it was Resolved to concur with the house in the above reference.
The petition of Zacheus Johnson, praying for an act of Suspension, was recd from the house with this order thereon-" In General Assem- bly Oct 12th 1807, Referred to the joint Committee of suspension. Attest M. Post Clerk"-which was read and it was resolved to concur with the house in the above reference.
Pursuant to the concurrent resolution of both houses the Governor and Council proceeded to the representatives' room and met in joint committee for the purpose of electing Judges of the Supreme Court of Judicature and Court of Chancery for the year ensuing, and after com- pleating the same, the Governor and the Council returned to their Chamber. 1
The petition of Johnson Richardson, praying for relief in the support of John Vincent, a poor Indian, was received from the house with this order thereon-"In General Assembly Oct. 13th 1807, Read and referred to the joint committee of Claims. Attest M. Post Clerk." Which was read and it was resolved that the Council concur in the above reference.
The petition of Phinehas Slayton, praying for a suspension of civil process against him for the term of five years, was reed from the house with this order thereon-" In General Assembly Oct. 12th 1807, Read and referred to the joint committee of suspension. Attest M. Post Clerk "-which was read and it was Resolved to concur with the house in the above reference.
The petition of Joel Eddy was again read and it was unanimously re- solved on motion that the prayer thereof ought not to be granted; and also unanimously resolved that the same be dismissed.
Adjourned to 2 OClock Afternoon.
2 OCLOCK AFTERNOON .- The petition of the inhabitants of Brad- ford, praying that a part of Newbury might be annexed to the town of Bradford, and a petition of the inhabitants of Newbury against the first, were reed from the house with this order on each: " In General Assem- bly Oct. 13th 1807, Read and referred to Mess. D. Chipman, Rich, and Olin, to join a committee from Council. Attest M. Post Clerk "- which were severally read and it was Resolved that Mr. Wheelock Join on the Committee from the house on the above petition.
Adjourned to 9 O'clock to morrow morning.
WOODSTOCK, October 14th 1807.
The Council met pursuant to adjournment.
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 receiving the County nominations and appointing the respective County officers for the year ensuing. and having made progress in the same, the Committee was adjourned untill Saturday morning next to meet in the representatives' room at the open- ing of the house.
The following resolution was recd from the house: " In General As- sembly Oct. 13th 1807, Resolved that his Excellency the Governor be requested with and by the advice of Council to appoint thursday the
1 Royall Tyler, Theophilus Harrington, and Jonas Galusha were elected.
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Governor and Council-October 1807.
third day of December next to be observed [as] a day of public thanks- giving and prayer throughout this State. Extract from the Journals, Attest M. Post Clerk." Which was read and Resolved that the Coun- cil advise his Excellency the Governor to issue his proclamation in com- pliance with the above resolution.
The petition of D. Wilcox, praying for an exclusive privilege of keep- ing a ferry from South Hero to Cumberland head, and a number of ac- companying papers, were received from the house with this order thereon: "In General Assembly Oct. 13th 1807, Read and referred to Messrs Buck, Hine, Mclaughlin, Tenney & Tubbs to join a committee from the Council. Attest M. Post Clerk." Which was read and it was resolved to join in Committee and that Mr. Shepardson be ap- pointed.
The petition of Benjamin Mattison for a new trial in the case of Christopher Roberts against him was reed from the house with this or- der thereon: "In General Assembly Oct. 13th 1807, Referred to the joint committee of new trials. Attest M. Post Clerk "-which was read and it was Resolved to concur with the house in the above reference.
The petitions of Thomas H. Parker, Stephen Woodward and Oliver Willard, each praying for an act to suspend all civil prosecutions against them for a term of years, [was received from the house] with this order on each; " In General Assembly Oct. 13th 1807, read and referred to the joint Committee of Suspension. Attest M. Post Clerk." Which were severally read, and it was Resolved to concur with the house in the above reference.
His Excellency the Governor was pleased to appoint Rollin C. Mallary Secretary for himself and the Council.
Attest WILLIAM PAGE Jur. Secretary. Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The petition of Prince B. Hall, praying to be admitted to the poor debtor's oath, was reed from the house with this order thereon: "In General Assembly Oct. 12th 1807, read and referred to the Joint committee of Claims. Attest M. Post Clerk." The petition of Ebenezer Markham, praying an act of suspension from all civil prose- cutions for the term of ten years, was recd from the house with this order thereon-"In General Assembly Oct 13th 1807. Read and referred to the joint committee of suspension. Attest M. Post Clk." The peti- tion of Thomas Rice alias Thomas Nicholas, praying for the alteration of his name to Thomas Rice, was recd from the house with this order thereon-"In General Assembly Oct. 12th 1807, read and resolved that the prayer thereof ought to be granted and that the petitioner have leave to bring in a bill accordingly. Attest M. Post Clerk." The above and foregoing petitions were each of them read and it was re- solved to congur with [the orders of the house on] each and all of them.
An act laying a duty on bank bills imported into this State [was received from the house] with this order thereon,-"In General Assem- bly Oct. 14th 1807. This bill was brought in by Mr. Herrington and referred to Mr. T. Hutchinson, D. Chipman and Olin to join a com- mittee from the Council. Attest M. Post Clerk." Read and it was resolved to concur with the house in the above reference and his Hon. I. Brigham was appointed to join the above committee.
An engrossed bill entitled "an act to confirm the name and doings of Thomas Rice" was recd from the house; and was read; and it was re- solved to concur with the house in passing the same without amendment.
The petition of Thomas Kimball, praying for the remission and pardon of certain crimes of which he had been convicted and sentenced to be
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punished, was read and it was resolved that the part of the sentence which relates to corporal punishment should be remitted and also as it relates to the whole time of his imprisonment.
Adjourned to 9 OClock to morrow morning.
OCTOBER 15th 1807.
The Council opened according to adjournment.
The petition of Daniel Janes, praying that the Secretary may alter a mistake of record in which his name is written Jones, was read and postponed till afternoon this day.
The petition of Otis White, praying for an act of suspension, was reed from the house with this order: "In General Assembly Oct. 14th 1807. resolved that it be referred to the joint committee of suspension," and read and it was resolved to concur in the reference.
The petition of Beniah Woodward was called up and on motion it was unanimously resolved to dismiss the petition.
The Hon. Jonas Galusha resigned his seat in the Council upon his being appointed one of the Judges of the Supreme Court.
The Honorable Royall Tyler Esqr as Chief Judge, and the Honorable Theophilus Harrington and Jonas Galusha Esquires as Side Judges of the Supreme Court of Judicature and Court of Chancery of the State of Vermont. appeared in Council and their respective Oaths of Office were administered to them by his Hon. Lieut. Governor Paul Brigham Esqr.
The petition of [Asa] Farnum and others, praying for the amendment of their certain declaration [in a pending suit,] was received from the house with an order [for a committee] to join a committee from the Council, [which] was read and it was resolved to concur and Mr. Spooner on the part of the Council was appointed.
Adjourn'd to 2 OClock afternoon.
2 OCLOCK P. M .- Council met as by adjournment.
An engrossed bill was recd from the house entitled "an act altering the name of Caleb Hogg to that of Caleb HIall," and it was read and resolved to concur with the house and that the same become a law.
The petition of George Downer for the pardon of certain crimes was read and ordered to lie.
The petition of Daniel Janes was called up and on motion, resolved that it lie.
The petition of Eliakim Spooner was recd from the house with this order thereon: "Read and resolved that it be referred to the joint com- mittee of Claims. Attest M. Post Clerk." Read and resolved to con- cur with the house in the above reference.
Received from the house these Petitions, of Isaac Farr and William S. McLeod, with this order on each: "In General Assembly Oct. 15th 1807, read and referred to the joint committee of Suspension. Attest M. Post Clerk." They were each of them read; and it was resolved that the Council concur with the above reference.
Reed from the house the petition of Philip Smith and others with this order thereon, "In General Assembly Oet. 15th 1807, read and referred to the Joint committee of claims. Attest M. Post Clerk." Read and resolved to concur in the above resolution and reference.
The petition of sundry inhabitants of Chittenden County praying for the [a] branch of Vermont State Bank {was received from the house] with this Order thereon; "In General Assembly Oct 15th 1807, read and referred to [Messrs.] Rising, Dennison, N. Chipman, Olds, French and T. Allen to join Committee from Council. Attest M. Post Clerk."
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Read and resolved to concur with the house in the above reference and that Mess. Butler and Shaw join.
Received three other petitions from the house for banks [branches of the State Bank; ] one from Rutland, one from Orleans and Essex &c. & one from Windham Counties, with orders from the house to be referred to the last mentioned joint committee, and were read and on motion it was resolved to concur in the reference, Messrs Butler and Shaw being the members on the part of Council to join.
Adjd to 9 OClock to morrow morning.
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