USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 23
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166
Governor and Council-October 1807.
"drawn up and Certified by the former Land Committee, Samuel Safford "Esqr. for the purpose of being entered in said Charter, when made, and "also he has produced a copy of the Charter of said town of Goshen "which was certified by a former Secretary, and by him examined for "record, in both of which his name is written "Janes," Both of which "papers were found lodged in the Secretary of State's Office; Therefore, "Resolved, that in the Original Charter aforesd and the record of the "same, the Secretary be directed to alter said name of "Jones" to that "of Janes" and that the said Daniel Janes shall enjoy all the rights and "privileges as if no mistake had been made and his name had always "been written "Janes" instead of "Jones." Upon which, this Question was taken, Viz, "Shall we adopt this resolution, direct the Secretary to enter it at large on the Journals of the Council and also on the Book of Charters?" and it passed in the affirmative and so the resolution was adopted.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
Recd from the house an engrossed Bill "laying a tax of three cents per acre on the town of Richford" which was read and it was res'd to concur with the house in passing the same with this amendment, Viz. "by striking out the Name, "Caleb Roys" and insert "Stephen Blazden."
Recd from the house the following engrossed Bills; one "laying a tax on the town of Middlesex; and also to revive the same;" also one, entitled "an act to revive &c. an act laying a tax on Enosburgh Gore"-One entitled "an act in addition to an act &c. assessing a tax of five mills pr acre on [the] County of Caledonia;" which were severally read and it was resolved to concur with the house in passing the same.
Received from the house the engrossed Bill "laying a tax of three cents per acre on the Town of Braintree " ; which was read, and it was resolved to concur with the house in passing the same with the follow- ing amendment-that after the words " of the tax" in the fifth line from the bottom of section second. read, "the Committee to expend one half the net proceeds of said tax on the roads leading from Braintree to Rochester and Kingston" [Granville.]
The Bill relating to the sale of "Choses in Action " was called up and on motion it was resolved to concur with the house in passing the same.
The petition of Isaiah Boynton1 was rec'd from the House with the following order thereon: "In General Assembly Oct. 27th 1807, read and referred to A. Smith, Davis, Butts & E. Smith to join Committee from Council. Attest M. Post Ck"-which was read and it was Resolved to concur with the House in the above reference and that Mr. Niles join.
The Bill relating to a tax on Sherburne was call'd up and again or- dered to lie.
An Engrossed Bill was recd laying a tax of two cents five mills on the Town of St. Albans, which was read and ordered to lie.
The engrossed Bill " laying a tax of three cents per acre on the town of Montgomery" was recd and read and ordered to lie.
Adjourned 'till 9 OClock tomorrow A. M.
WEDNESDAY Oct. 28th 1807, 9 OClock A. M. The Council met pursuant to adjournment.
The following engrossed bills were called up, One "laying a tax of three cents pr acre on the town called Montgomery" and " three cents
1 Boyington in the Assembly Journal.
167
Governor and Council-October 1807.
on the place called Avery's Gore," which were read and it was Resolved to concur with the house in passing the Same.
The Governor and Council met the house in joint Committee in the Representatives' room pursuant to the concurrent resolution of both houses for the purpose of electing Brigadier Generals &c. and after making the same the Governor and Council returned to their Chamber.'
The engrossed bill "laying a tax of two cents per acre on the Town of Winhall"; and on motion it was resolved to concur with the house in passing the same with the following amendment Viz. by erasing the words " two cents pr acre " and inserting " three cents pr acre."
Reed from the house the following engrossed Bills: one entitled "an act laying [a tax of] two cents per acre on the town of Duncansborough " [Newport;] and another entitled an " act laying a tax on the County of Grand Isle," which were read and it was resolved to Concur with the house in passing the Same. Recd as before an engrossed Bill " Direct- ing the Treasurer to pay the sum therein mentioned," which was read and on motion resolved to concur with the house in passing the same.
Recd from the house an engrossed bill " laying a tax on the town of Sherburne," which was read and referred to Mr. Loomis.
Recd from the house an engrossed Bill entitled "an act authorizing the Judges of Franklin County to appoint a Committee for certain pur- poses," which was read and on motion it was resolved to concur with the house in passing the same.
Received from the house an engrossed Bill entitled " an act incorpo- rating [annexing] Burke tongue so Called to the town of Hopkinville; and incorporating a town Called Kirby," which was read and it was re- solved to concur with the house in passing the same.
A Bill laying a tax of one and half cent per acre on the town of West- field, which was read and referred to Mr. Keyes.
Recd from the house an engrossed Bill, entitled "an act to revive an act laying a tax of two cents per acre on Kelly's Grant No. 2," which was read and referrd to Mr. Loomis.
Reed from the house an Engrossed bill entitled "an act laying a tax of three cents pr acre on the town of Lincoln," which was read and it was resolved to concur with the house in passing the same-Also, one, entitled "an act laying a tax of two cents pr acre on the town of Ca- naan," which was read and it was Resolved to concur with the house in passing the same. Also, one, entitled an " act directing the treasurer to pay the sum therein mentioned," and was read and resolved to concur with the honse in passing the same.
Adjourned to 2 O'clock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
The Bill referr'd to Mr. Loomis laying a tax of two cents per acre on Kelly's Grant No. 2, the revival thereof, which was read and it was re- solved to concur with the house in passing the same. The bill laying a tax of two cents pr acre on the town of Sherburn was read and it was resolved to concur with the house in passing the same.
The Bill appointing " a Committee to lay out a road from the Court house in Middlebury to the north line of Huntsburgh " [Franklin.] was read and refer'd to Messrs Niles, Chittenden and Butler.
' The following elections were made : Caleb Hendee jr. and Hezekia'ı Barnes, Brigadier Generals ; Joseph Beeman jr. Surveyor General ; Alexander Hutchinson Auditor of Accounts ; Thomas Leverett Auditor in the Treasury Department.
168
Governor and Council-October 1807.
The following engrossed Bills were read: one " directing the Treas- urer to pay Thomas Tolman Five hundred dollars," and one " in amend- ment of an act incorporating the Passumpsiek Turnpike Company," and it was resolved to concur in the same.
Adjourned to 9 OClock tomorrow morning.
Ocr. 29 Thursday 9 O'Clock A. M.
The Council met pursuant to adjournment.
The Bill " laying a tax of one [and] half cent per acre on the town of Westfield;" which was read and it was resolved to concur with the house in passing the same with this amendment: "instead of one and half cent " read " three cents."
Received from the house an engrossed Bill, " laying a tax of three cents pr acre on the town of Huntsburg " [Franklin, ] which was read and it was resolved to concur with the house in passing the same.
Received from the house an engrossed Bill entitled " an act to revive an act laying a tax of four cents pr acre on the town of Sheffield, granted Oct. 29th A. D. 1806," which was read and on motion it was resolved to concur with the house in passing the same.
Adja to 2 OClock P. M.
[2 OCLOCK P. M.] Received from the house an engrossed Bill which related to the Northern Turnpike Company; which was read and on motion resolved to concur with the house in passing the same.
Received from the house an engrossed Bill, " authorizing the Select- men of Georgia to deduct the certain sums therein mentioned from the list in said town for the year 1807," which was read and on motion it was resolved to " non-concur " with the house in passing the same; and that Mr. Niles inform the House of the reasons, which were, first, that the Listers did their duty in twofolding, and 2nd that the selectmen had no right to interfere in their proceedings.
The engrossed Bill, appointing a Committee to lay out a road from Middlebury Court house to the North line of Huntsburgh," was refer- red to Messrs Loomis and Chittenden.
Adjourned to 9 OClock A. M. tomorrow.
FRIDAY Oct. 30th 1807, 9 OClock A. M.
Reed from the house an engrossed Bill " entitled an act laying a tax of two cents pr acre on the town of Worcester;" which was read and it was resolved to concur with the house in passing the same.
Received from the house an engrossed Bill entitled "an act directing the alteration of the County Roads leading from the South line of Wheelock," which was read and it was Resolved to concur with the honse in passing the same into a law.
Received from the house an engrossed Bill entitled "an act laying a tax of two cents per acre on the town of Hardwicke," which was read and on motion it was resolved to coneur with the house in passing the same into a law.
The Governor and Council proceeded to the representatives' room and met the Representatives in joint Committee for the purpose of Con- pleating the County Nominations and after accomplishing the same the Governor and Council returned to their Chamber and proceeded to business.
169
Governor and Council-October 1807.
Received from the General Assembly an engrossed Bill entitled "an act to appoint a committee to lay out a road from the Court house in Middlebury in the County of Addison to the north line of Huntsburgh," which was read and on motion it was Resolved to non-concur with the house in passing the same and that Mr Butler acquaint the house of As- sembly of the reasons-which were, 1st Because the road would termi- nate in an uninhabited country which from the swamps and morasses would never become settled. 2nd It did not appear that the towns as such had ever been consulted and it still was uncertain whether they would approve of the same; and 3d It appears to the Governor and Council that all the towns South of Onion River would be unwilling to pay the expenses of the Committee to lay out the road.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
Received from the General Assembly the following resolution, Viz: "In General Assembly Oct. 30th 1807, Resolved that a Committee from the Council be requested to join a Committee from the house called the Turnpike Committee [consisting] of Messrs Harrington, G. Stone and Lovett in consideration of all petitions on Turnpikes now before the said Committee. Extract from the Journals Attest M. Post Clerk." Which was read and it was resolved to concur with the house in the above resolution and that Mr. Shepardson be appointed to join said Committee, from Council.
Adjourned to 9 OClock in the forenoon to morrow morning.
SATURDAY Oct. 31st 1807, 9 OClock A. M.
The Council met pursuant to adjournment.
Received from the house the following communication, Viz: " In Gen- eral Assembly Oct. 30th A. D. 1807, Resolved to coneur in the amend- ments of the following Bills with the Governor and Council-Viz. in a Bill entitled " an act laying a tax of two cents pr acre in the town of Winhall "-also in a Bill entitled " an act laying a tax of three cents pr acre on the town of Richford "-and also in a Bill entitled " an act lay- ing a tax of one and half cent pr acre on the town of Westfield." Ex- tract from the Journals, Attest M. Post Clerk."
Received from the house the engrossed Bill, entitled " an act laying a tax of three cents per acre on the town of Braintree " (which had been sent down to the house with proposals of certain amendments and was returned from the house nonconcurred,) which was read and it was resolved to concur with the house in passing the same into a law with the following amendment in addition to the former amendment Viz. in the last line of said proposed amendment after the word " Kingston." insert the word " Roxbury."
Received from the house the engrossed bill laying a tax of two cents pr acre on the town of Pittsfield, and it was resolved to nonconcur with the house in the same and that Mr. Keyes be appointed to inform the house of the reasons, which were: 1st Because the inhabitants of said town have been frequently taxed and the roads are in tolerable good repair-2nd Because there is now making a Turnpike road thro' said town which will destroy the necessity of immediate assistance in re- pairing roads.
The engrossed Bill, was received from the house of Assembly, enti- tled an act appointing a Committee to lay out a road from Lake Men- phremagog to the South line of Elmore, which was read and it was re-
170
Governor and Council-November 1807.
solved to nonconcur with the house in passing the same, and that Mr. Butler assign the reasons to the General Assembly, which were-1st Because it did not appear to the Governor and Council that the Inhab- itants in those towns through which the road was to have been laid had ever been consulted on the subject-2nd Because it does not appear that the road would be of any public or private benefit (from the evidence adduced) or that with any propriety be laid.
Received from the house an engrossed Bill entitled an act "Suspending civil suits against Phinehas Slayton," which was read and on motion it was resolved to concur with the house in passing the same into a law with the following amendment; namely in the second Section, and second line, after the word "Actions" add the word "hereafter;" and at the end of the said second section insert these words: "and all actions as aforesaid which are now depending against the said Phineas shall be continued for the term aforesaid without cost of either party"-and also in the 4th section and 4th line from the bottom after the words "given Bonds" read, "to the amount of the whole of his property," and after the word "Vershire" in the third line in said Section read "in trust for his creditors"-and that Mr Wright inform the house of the reasons-Which were that the act would operate more for the benefit of his Creditors and the town not be endangered with his becoming a Charge to the Inhabitants.
Adjourned to 2 Oclock in the afternoon.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
Received from the house an engrossed bill entitled an "act extending the time for recording certain advertisements and other proceedings in the town Clerks office in the Town of Philadelphia [Chittenden in part] which was read and it was resolved to concur with the house in passing the same with the following amendments: Viz. in the eighth line from the top strike out the words "together with the whole of the proceedings required to be recorded in said office by the aforesaid act passed in the year 1799;" and in the 11th line erase the words, "and other proceedings of said Collector required in the aforesaid act," and insert the words. "together with a list of all the unredeemed lands required by an act passed in the year 1799."
The Bill entitled an "act appointing a committee to lay out a County road from the south end of Lake Memphremagog thro' the County of Orleans," which was nonconcurred by the Council was sent down to the house with the reasons and was again sent up to the Conncil by Mr Olds, member of the house, with the reasons of the house for so doing.
Adjourned to 10 OClock next Monday Morning.
MONDAY Nov. 2nd 1807, 10 Clock A. M.
The Council met pursuant to adjournment.
Recd from the General Assembly the following communication, Viz. "In General Assembly Oct 31st 1807, Resolved to concur with the Gov- ernor and Council in their proposed amendment to the bill entitled an act laying a tax of three cents pr acre on the town of Braintree; and the same has become a law. Extract from the Journals Attest Martin Post Clerk."
Received from the house an engrossed Bill entitled "an act in addi- tion to an act appointing a Committee to lay out a County road through the County of Orleans," which was read and on motion resolved to non- concur with the house in passing the same and that Mr Loomis be ap- pointed to inform the house of the reasons.
171
Governor and Council-November 1807.
The Bill entitled "an act appointing a Committee to lay out a County road from the south end of Lake Memphremagog to the south line of Elmore," which was read and on motion referred to Messrs Butler and Loomis for revision and amendment.
The Vote taken on the Bill "extending the time for recording certain advertisements and other proceedings in the town Clerk's Office in the town of Philadelphia," which [was] read and on motion was Resolved to be rescinded; and also was the Vote taken on the proposed amendment; and likewise the Bill, now restored to its original State, was ordered to lie on the table.
Received from the house an engrossed Bill, entitled "an act in addi- tion to an act appointing a Committee to lay out a road," which was read and referred to Messrs Loomis and Shaw.
Received from the house an engrossed Bill entitled an act author- izing the judges of Rutland County Court to purchase a certain piece of land therein mentioned, and it was Resolved to concur with the house in passing the same.
Received from the house an engrossed Bill entitled "an act concern- ing loans in foreign Bills," which was read and it was ordered to lie on the table.
Received from the house an engrossed Bill entitled " an act Granting a Turnpike road by the name of the Chelsea Turnpike Company," which was read and ordered to lie on the Table.
Adjourned to two OClock afternoon.
2 OCLOCK AFTERNOON .- The Council met pursuant to adjournment.
The Engrossed Bill entitled " an act Granting a Turnpike road by the Name of the Chelsea Turnpike Company " was called up and on motion Referred to Gov. Brigham, Messrs Niles and Wright.
The engrossed Bill entitled " an act extending the time for recording certain advertisements and proceedings in the town Clerk's Office in the town of Philadelphia " was called up, read and ordered to lie on the Table.
Received from the house of Assembly the following communication Viz. " In General Assembly Nov. 2nd 1807, Resolved to concur with the Governor and Council in their amendment to an act entitled an act to suspend civil suits against Phinehas Slayton and the same has become a Law. Attest Martin Post Clerk."
The following resolution was received from the House, Viz. "In Gen- eral Assembly November 2nd 1807, Resolved that the Treasurer of this State be directed to pay Samuel Jones the sum of thirty two dollars, be- ing his account against this State for his apprehending &c. counterfeit- ers. Introduced by Mr. Hotchkiss, read and referred to the joint com- mittee of Claims. Extract from the Journals-Attest M. Post Clerk," which was read and it was Resolved to concur with the house in the above reference.
Adjourned to 9 OClock to morrow Morning.
WOODSTOCK November 3d 1807.
Received from the house an engrossed Bill entitled "an act laying a tax of Six cents pr acre on Harris Gore," which was read and it was Resolved to concur with the house in passing the same.
The Petition of Elisha Smith and others was received from the house recommitted and ordered the Committee thereon appointed to join Com- mittee from the Council, which was read and it was Resolved to concur
172
Governor and Council-November 1807.
with the house in the reference and that Mr Wright join said Committee from the Council.
Received from the house the engrossed Bill entitled "an act in addi- tion to an act organizing the County of Grand Isle and fixing the time of holding courts &c." which was read and it was resolved to concur with the house in passing the same.
Received from the house the following engrossed Bill entitled "an act in addition to an act establishing a State Bank." which was read and the following amendments were proposed; Viz .- in the first Section after the words "in the County of Rutland" insert the words "and Bennington in the County of Bennington," and instead of the words "four additional Branches" insert "five additional Branches," instead of "Eighteen direc- tors" insert "twenty one," and after the last word in Sec. 3d strike out the whole of the following proviso. Referred to Messrs Niles, Shaw & Gov. Brigham.
Reed from the house an engrossed bill entitled "an act providing for the Building a State prison," which was read and it was resolved to con- cur with the House in passing the Same.
Reed from the house the following bill relating to the proprietors of Essex, which was read and referred to Mr Wright.
The engrossed Bill referred to Mr Loomis, entitled "an act in addition to an act entitled an act appointing a Committee to lay out a road from Derby to Guildhall passed November 8th 1807" was called up and it was resolved to concur with the house in passing [the same with] the following amendments: Viz. in Section second in line the 5th from the word "Compleated," erase the remainder of the section-and from the word "pass" in the 4th line of Sec. 3d erase out these words, "whether the taxes are now laid or hereafter to be laid."
Adjourned to 2 OClock in the Afternoon.
2 OCLOCK P. M .- The Petition of General Jonathan Spafford was recd from the house with an order of recommitment and referred to the joint Committee of Suspension-which was read and it was Resolved to concur with the house in said reference.
Received from the house an engrossed Bill "laying a tax of Seven Mills pr acre on the County of Essex"-which was read and it was resolved to nonconcur with the house in passing the same and that Mr Loomis be appointed to inform the house of the reasons.
The Engrossed Bill entitled "an act in addition to an act establishing a State Bank," was called up and read and it was resolved to concur with the house in passing the same with the forementioned amendments.
Messrs Blodget and Saxe appeared from the house in Council and petitioned the Gov. & Council to propose an amendment to the bill relating to the State Bank and that St. Albans might be included.
Reed from the house an engrossed bill entitled "an act in addition to an act, and alteration thereof, entitled an act for the purpose of Regu- lating the suits respecting landed property and directing the mode of proceedings therein," which was read and it was Resolved to concur with the house in passing the same.
Received from the house an engrossed Bill entitled "an act directing the Treasurer of the County of Orange to pay the sum therein men- tioned," which was read and it was Resolved to concur with the house in passing the Same.
Mr C. Rich appeared in Council and returned the bill entitled "an act in addition to an act establishing a State Bank," which had been sent down from Council with proposal of amendment with this order thereon: "In General Assembly Nov. 3ª 1807, read and resolved to con-
173
Governor and Council-November 1807.
cur with the Governor and Council in their first amendments to this Bill -Also resolved to nonconcur with the Governor and Council in the amendment striking out the providing Clause, and that Mr Rich return the Bill to the Governor and Council and assign the reasons for the same. Attest Martin Post Clerk." Resolved to rescind from the last pro- posed amendment to the last mentioned bill relating to "the State Bank," which was " to strike out the providing clause."
Adjourned to 9 O'Clock to Morrow Morning.
NOVEMBER 4th 1807, 9 O'Clock A. M.
The Council met pursuant to adjournment.
Received from the house an engrossed Bill entitled "an act laying a tax of one cent on the dollar on the General list," [state tax,] which was read and Resolved to concur with the house in passing the same.
The engrossed Bill entitled "an act directing the Treasurer of this State to pay Eliakim Spooner the sum therein mentioned" was read and resolved to concur with the house in passing the same with the follow- ing amendment Viz. in the Sec. 1st in third line from Bottom erase the word "five" and insert " Seven."
Voted to rescind the vote taken to rescind from the last proposal of amendment to the Bill relating to the State Bank.
The following resolution was introduced by Mr. Niles-Resolved, the General Assembly concurring herein, that the two houses meet in the representatives' Room for the purpose of conferring on the disagreeing votes of the two houses on the proposed amendment of "Striking out the proviso to the bill entitled an act in addition to an act establishing a State Bank." Ordered that the Secretary carry the Same to the house.
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