USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 24
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Received from the house an engrossed Bill entitled " an act in addi- tion to an act directing the appointment of Turnpike inspectors and reg- ulating their office and duty," which was read and it was resolved to concur with the house in passing the Same with this amendment, Viz. " by Striking out the whole of Section third "-and also Resolved, that Mr. Butler wait on the house and assign the reasons.
The Bill referred to Mr. Loomis entitled " an act in explanation of and amendment to an act entitled an act to enable the proprietors of the Town of Essex to divide their lands into severalty, passed Feby. 4th 1804," was read and it was passed and sent to the General Assembly for concurrence.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
The resolution sent down to the house appointing 3 OClock this after- noon to meet in joint committee for the purpose of conferring on disa- greeing votes of both houses on a certain proposed amendment to the bill relating to the State Bank was returned by the house concurred.
The Bill entitled an "act laying a tax of two cents pr acre on the town of Pittsfield," which had been sent down to the house nonconcur- red, was returned from the house for concurrence, and Mr. Eddy ap- peared in Council from the house to assign the reasons.
Received from the house an engrossed Bill entitled "an act in addition to an act entitled an act appointing State's Attornies and regulating their duty," which was read and it was Resolved to concur with the house in passing the same. The above resolution rescinded and the last mentioned Bill referred to Messrs Loomis & Gov. Brigham.
The Governor and Council, pursuant to the concurrent resolution of both houses, proceeded to the representatives' room and met the house
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Governor and Council-November 1807.
in joint Committee for the purpose of Conferring on the disagreeing votes of both houses on the proposed amendment to the bill entitled "an act in addition of an act establishing a State Bank "-and after conferring on the same the Governor and Council returned to their Chamber. 1
Adjourned to 9 OClock to morrow Morning.
THURSDAY November 5th 9 OClock A. M.
The Council met pursuant to adjournment.
Received from the house an engrossed Bill entitled "an act relating to the records of the town of Mount-Holly," 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 two cents per acre in the town of Westford," 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 in ad- dition to and amendment of an act entitled an act regulating and governing the Militia of this State," 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 constitu- ting and appointing a Company of Cadets in the Town of Dummerston," which was read and on motion it was Resolved to non-concur with the house in passing the same.
Received from the house an engrossed Bill entitled "an act constitu- ting a company af Artillery in the town of Fairfield," which was read and it was resolved to non-concur with the house in passing the Same.
Received from the house an engrossed Bill entitled "an act, granting relief to Ebenezer Markham," 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 laying a tax of [one] cent per acre on the State of Vermont," [to build a state prison, ] which was read and on motion it was Referred to Messrs Loomis and Niles.
Received from the House the following communication-"In General Assembly November 5th 1807. Resolved to concur with the Governor and Council in their proposed amendment to the bill entitled "an act in addition to an act appointing a committee to lay out a County road from Derby to Guildhall" and the Bill has become a Law. Extract from the Journals Attest M. Post Clerk."
Adjourned to 2 O'Clock P. M.
2 O'CLOCK P. M .- The Council met pursuant to adjournment. The Governor and Council met the house in joint Committee in the Repre- sentatives' room pursuant to the concurrent resolution of Both Houses, for the purpose of Selecting five Commissioners to Superintend the building of the State Prison; and after compleating the same the Gov- ernor and Council returned to their Chamber.2
1 The joint committee concurred in the amendment of the Council. The house had nonconcurred by a majority of eleven, which majority was overruled in joint committee by the votes of the Lieut. Governor and twelve Councillors.
2 The Secretary of the Council failed to enter the joint resolution on the record. Ezra Butler, Samuel Shaw, John Cameron, Josiah Wright, and Elihu Luce were elected commissioners.
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Governor and Council-November 1807.
Received from the House an engrossed Bill entitled " an act appoint- ing a Committee for certain purposes therein mentioned," 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 appoint- ing a Committee to lay out a Road from Stanley's Mills in Greensboro' to Montpelier," was read and on motion it was resolved to concur with the House in passing the Same.
On motion, it was resolved to rescind from the last mentioned concur- rence and that the Bill on which it was taken should be referred to Mr. Loomis.
Received from the House an engrossed Bill entitled " an act directing the treasurer of this State to credit the town of Ryegate the sum therein mentioned," 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 regulat- ing the service of Writs," which was read and ordered to lie on the Table.
Received from the house an engrossed Bill entitled " an act laying a tax of four cents pr. acre on the town of Newbury," which was read and it was Resolved to concur with the house in passing the same.
The Bill entitled " an act regulating the Service of Writs " was called up and it was resolved to concur with the house in passing the Same with the following amendment. Viz. "Sec. 3d and it is hereby further enacted, that the Secretary of State be and is hereby directed to publish this Act in all the Newspapers printed in this State."
The Bill, establishing a Turnpike Corporation by the Name of the Chelsea Turnpike Company," which had been referred to Mr. Loomis, was called up, read and it was Resolved to concur with the house in passing the same with the following amendments-Viz. in Sec. 4th, 11th Line from the top after the word " wide " insert these words: " and as- sess such damages as may accrue to any person or persons thro' whose lands said road may be laid, which damages shall be paid by said Corpo- ration," and at the end of said 4th Sec. add the following proviso - - " Pro- vided nevertheless that if any person or persons shall be dissatisfied with such recompense or sums so assessed, he, She or they, may by complaint apply to any Justice of the peace within the Same County, & the same pro- cess may be had and in the same way as is provided by Law when persons are aggrieved when Selectmen in the several towns in this State lay out High- ways in their respective towns." And further add to the end of the Bill one new Section. Viz. " Sec 15th. And it is hereby further enacted that at the expiration of fifty years from and after the completion of said road the same shall revert to the State."
Adjourned to 9 OClock to Morrow Morning.
FRIDAY Novem' 6th 1807, 9 OClock A. M.
The Council met pursuant to adjournment.
Received from the House an engrossed Bill entitled " an act laying a tax of Seven Mills on the County of Essex" was again received from the house, which had been sent down non-concurred by the Council to the House; it 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 in altera- tion of an act entitled an act appointing a Committee to lay out a road from Danville Court-house to the Court house in Guildhall in the County of Essex," which was read and referred to Mr Loomis.
176
Governor and Council -November 1807.
Received from the house an engrossed Bill entitled "an act relating to the appointing of Turnpike inspectors and regulating their office and duty," which had been sent down to the house with proposals of amend- ment, was now returned to the Governor and Council from the House with their non-concurrence with said proposals of amendment, and Mr Hutchinson appeared in Council to assign the reasons; and the Governor and Council rescinded from their proposed amendments and resolved to concur with the house in passing the same.
The Bill entitled "an act directing the Treasurer to pay Eliakim Spooner the sum therein mentioned," which had been sent down to the house with proposals of amendment, was now returned from the House and the proposed amendments were not concurred with and Mr Cham- berlin appeared in Council and assigned the reasons for the nonconcur- rence of the House-And it was Resolved to rescind from the said proposals of amendment and to concur with the house in passing the same.
The engrossed Bill relating to "loans in foreign Bills" was now called up and it was resolved to concur with the house in passing the same.
Received from the House an engrossed Bill entitled "an act appointing a committee to lay out a road from Stanly's Mills in Greensboro' to Montpelier," which was read and it was resolved to concur with the House in passing the same with the following amendments-Viz .- in Sec. 2nd 2nd page 2nd Line from the top after the word "reasonable" insert: "and such towns respectively are hereby made responsible for such damages occasioned by laying out said road as aforesaid"-"and if any person owning lands thro' which said road may be laid, shall think himself aggrieved by the appraisal of such damages by said Com- mittee-or in case said Committee shall adjudge that no damages have accrued to such person, in either case, the person so aggrieved may appeal from such appraisal to the next County Court in the County where the lands lie, and said Court are hereby authorized to hear, try and determine said appeal and Issue execution accordingly-And if it shall be adjudged by said Court that said Committee have appraised sufficient damages, in that Case said Court shall award costs against the person so applying and issue execution thereon."
The Bill entitled "an act appointing a Committee to lay out a County Road from the South end of Lake Memphramagog to the south line of the town of Elmore" was brought forward by Mr. Loomis to whom it had been referred, and it was resolved to concur with the House in passing the same with the following amendments-Viz .- In 4th Sec. 3d Line after the word "paid" erase the remainder of the Section, and insert the following words, Viz .- "By the several towns through which said road shall pass out of a Road tax which shall have been granted on any of those towns or out of the town treasury of such towns as the Selectmen in each town shall direct." Add also "Sec 5th." "Sec. 5th And it is hereby further enacted, that said Committee shall assess to any land owner or owners through whose lands said road shall be laid as aforesaid his, her or their just damages and make order on the Selectmen of each town for the payment thereof. Provided nevertheless, that when there is allowance land adjoining said land owner and where the old road adjoining him shall have become unnecessary in the opinion of the Selectmen of the Town, that then the Selectmen shall consider such allowance land or old Road as belonging to such land owners to be assessed by Such Committee at its just value to compensate in whole or in part for such road laid out as aforesaid, and if such land owner shall be dissatisfied with the sum or sums so assessed by said Committee, or in case said Committee shall have adjudged no damages have accrued to
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Governor and Council-November 1807.
such person, in either case, the person so aggrieved may appeal from such appraisal to the next County Court in the County where such land may lie, and Said Court are hereby authorized to hear, try and determine finally said appeal and Issue Execution accordingly; and if it shall be adjudged by said Court that said Committee have appraised sufficient damages, in that case the said Court shall award costs against the person so appealing and issne execution thereon." And also Resolved that Mr Loomis wait on the house and assign the Reasons.
Adjourned to 2 OClock Afternoon.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
Received from the House the engrossed Bill entitled "an act consti- tuting a Company of Cadets in the town of Dummerston," which had been sent down to the house nonconcurred and now returned to the Governor and Council for concurrence and Mr Duncan appeared in Council and assigned the reasons of the House. 1
Received from the House an engrossed Bill entitled "an act freeing the Body of Gen. Jonathan Spafford from arrest for the term of three Years." which was read and it was resolved to concur with the house in passing the same.
Received from the House the following communication-" In General Assembly Nov. 6th 1807, Resolved to concur with the Governor and Council in their proposed amendment to the Bill entitled " an act regu- lating the service of Writs." And the same has become a Law. Attest Martin Post Clerk."
Received a resolution from the IIouse appointing Committee from the House to join Committee from the Council for the purpose of Distrib- uting the Election Sermons and the Proclamations for a public Thanks- giving; which was read and it was Resolved to concur with the House in the same and that Mr. Wright join from the Council with Mr. Shep- ardson.
The address to the President of the United States was received from the House for the concurrence of the Governor and Council, which was read and it was resolved to concur with the House in passing the same.2
The resolutions of the House in relation to the amendment of the Constitution of the United States were received from the House, and it was Resolved to concur with the house in the same with the following amendments Viz. in the Preamble from the word "functions" in the 6th line from the top, erase the whole of the paragraph and insert these words Viz. "for any other cause than such as may remove them upon impeachment," and in 7th line from the Bottom after the word " cases " erase the words " will continually " and insert the word " may," and that Mr. Niles inform the house of the reasons.3
Received from the House an engrossed Bill entitled " an act relating to the division of the Lands of Reading," which was read and referred to Messrs Niles, Chittenden and Gov. Brigham.
Adjourned to 9 O'Clock tomorrow morning.
SATURDAY Nover. 7th 9 OClock A. M.
Recd from the House an engrossed Bill relating to the Division of Lands in the town of Navy [Charleston, ] which was read and referred to Mr. Niles & Gov. Brigham.
1 Probably the bill was laid on the table, as it came up subsequently.
2 See Appendix F.
8 See Appendix B.
12
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Governor and Council-November 1807.
Mr. Shaw asked leave of Absence and was excused the remainder of the Session.
Recd from the House an engrossed bill entitled an "act constituting a Company of Artillery in the town of Fairfax," which was read and it was resolved to concur with the House in passing the Same with the following amendment Viz-at the end of the Bill add "and the said Company when organized as aforesaid may from time to time as occa- sion may require, enlist from exempts only to fill up and keep the said Company complete."-And Gov. Brigham was appointed to assign the reasons to the House.
The Bill relating to the Company of "Cadets in town of Dummerston" was again recd from the House and it was Resolved to concur with the House in passing the same with the following amendments, Namely, after the word "first" in the Seventh line in the first Section insert the word "Volunteers," and erase the following words immediately following Viz. "Republican"-"of Cadets," "and annexed to." And in the said first Sec- tion in the last line erase the word "independant" and insert the word "Volunteers." And after the word "aforesaid" in the thirteenth line of the third Section erase to the word " and" in the third line from the Bottom. Add also to the last Section of said Bill the following proviso -Viz. "Provided nevertheless if any part of the said Seventh com- pany shall not incline to enlist into said Volunteer Company created by this act, they may be enacted [formed] into Such other Company as the Field officers of said first Regiment shall direct." Also after the word " Soldiers " in the third Section & 3d Line insert to the " Number of forty." And in Section third Eighth line, erase the words " of Cadets," and in the Seventh line of said Section after [erase] the words " of Ca- dets" and insert the word " Volunteer."
Recd from the House an engrossed Bill, entitled " an act in alteration of an act entitled an act appointing a Committee to lay out a County Road from Court House in Danville [in the County of Caledonia to Guildhall] in the County of Essex," which was read and it was Resolved to concur with the House in passing the same, with the following amendments. Viz. In Section Second, 5th line, after the word " same' insert the following-"And assess such damages as may accrue to any person thro' whose improved lands the road may be laid which damages shall be paid by such town-and said Committee are authorized to set over to such person any allowance land or old road adjoining his Lands which shall be rendered useless at its true value in whole or in part for such damages as said Committee shall judge just and reasonable. Provided nevertheless that if any person shall feel himself aggrieved by such assess- ment or [in] case no damages are adjudged, in either case the person so aggrieved may apply to some justice of the peace within the same County and the same proceedings in all things shall be had as is provided by law in cases of persons being aggrieved when selectmen lay out or alter Highways in their respective towns."
Recd from the House the Bill " incorporating certain persons by the name of the Middlebury Manufacturing Company," which was read and it was resolved to concur with the house in passing the same.
Mr. Butler on leave introduced a Bill "relating to the Winooskie Turnpike Company;" which was read and it was ordered to Lie on the table.
Adjourned 'till 2 P. M.
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Governor and Council-November 1807.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
The last mentioned Bill relating to the Winooskie Turnpike Company was called up, read, ordered to be ingrossed and sent to the General Assembly for their concurrence.
The Bill entitled " an act in addition to and alteration of an act enti- tled an act constituting the Supreme Court and County Courts and de- fining their Powers and regulating Judicial proceedings," was read and it was Resolved to concur with the House in passing the Same.
Recd from the House an engrossed Bill entitled " an act in addition to an act appointing State's Attornies;" which was read and it was re- solved to concur with the House in passing the same.
Recd from the House the following Resolution Viz .- "In General Assembly Nov. 7th 1807, Resolved, the Governor and Council concur- ring herein, that Both Houses meet in the representatives' room, [on Tuesday next at ten o'clock in the forenoon] for the purpose of adjourn- ing the Legislature without day. Attest M. Post Clerk." Which was read and ordered to Lie.
Reed from the House an ingrossed Bill entitled "an act appointing Commissioners to set off the public Lands in Coventry and Coventry Gore," which was read and it was resolved to concur with the House in passing the Same.
On leave being obtained, Gov. Brigham introduced a bill entitled "an act in addition to an act laying a tax of two cents pr acre on the town of Sherburne," which was read and passed, ordered to be engrossed and sent to the General Assembly for concurrence.
Recd from the House an engrossed Bill entitled an act appointing a Committee to lay out a road therein mentioned, which was read and it was resolved to concur with the house in passing the Same.
Recd from the House an engrossed Bill entitled "an act directing a Suit to be brought for the purpose of ascertaining the Validity of the Charter of Wheelock;" which was read and it was resolved to concur with the House in passing the Same.
Adja to 9 OClock Monday Morning.
MONDAY. Nov. 9th 1807, 9 OClock A. M.
The Council Met pursuant to adjournment.
Mr Robinson [appeared] in the Council from the House, and returned the Bill relating to the Winooskie Turnpike Company with proposals of amendment, which were read and it was resolved to concur with the House in passing [adopting] the same.
The following Resolution was introduced on leave by Mr. Wheelock: Viz. Resolved that his excellency the Governor be and he hereby is requested to appoint the Second Wednesday of April Next to be observed as a day of general and public fasting and prayer thro' this State. [Read and adopted.]
Recd from the House the following communication. Viz. " In Gen. Assembly Nov. 7th 1807, Resolved to concur with the Gov. and Council in their proposed amendments to the following Bills Viz. A Bill entitled "an act appointing a Company of Artillery in the town of Fairfax"-A Bill entitled "an act appointing a committee to lay out a road from the south east end of Lake Memphramagog thro' the County of Orleans to the South line of Elmore"-A Bill entitled "an act appointing a Com- mittee to lay out a road from Stanley's Mills in Greensboro to Mont-
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Governor and Council-November 1807.
pelier"-A Bill "appointing a Corporation by the name of the Chelsea Corporation Turnpike"-and also A bill entitled "an act appointing a Company of Cadets in the town of Dummerston." Extracts from the Journals, Attest M. Post Clerk."
Benjamin Swan Esquire, Treasurer of the State elect, appeared in Council and tendered a Bond for the penal sum declared by law, condi- tioned that the said Benjamin Swan should faithfully execute the duties of the office of Treasurer of the State of Vermont for the year ensuing- Signed by himself as principal, Arad Hunt, Charles Marsh & Jesse Williams as Sureties; which was read by the Secretary and it was resolved to accept of the same and immediately the Oaths of Office were administered to him by Governor Brigham.
Recd from the House an engrossed bill entitled "an act in addition to an act establishing a State Bank." which was read and it was Resold to concur with the house in passing the same.
A Resolution passed the Council appointing two OClock this after- noon for Locating the new branches of the State Bank and also for choosing the Directors for said Bank for the Year ensuing [in joint committee of the two houses]-and Ordered that the Secretary carry the same to the House and request a concurrence.
The Bill relating to the Division of Lands of Navy [Charleston] was called up and it was Resolved to concur with the house in passing the same with the following amendments, Viz .- after the word "rights" in the preamble in the third line from the bottom erase the whole of the following part of the Bill and insert the following Section, Viz .- "Sec. 1st. It is hereby enacted by the General Assembly of the State of Ver- mont, that the proprietors of said Navy are fully authorized and em- powered, at any future meeting legally warned and holden for that pur- pose agreeably to the Statute Laws of this State regulating proprietors' meetings, to ratify and confirm the Votes. Surveys and draft and other pro- ceedings of their meeting holden at Providence in Rhode Island on the Seventh day of August in the Year of our Lord Christ one thousand Seven hundred and Ninety four; and that the Votes, Draft and other proceedings so made at Providence aforesaid, when ratifyed agreeably to the tenor of this Act, shall be considered as good and Valid to all intents and purposes in Law as if the same proceedings had been done agreeably to the Statute laws of this State enabling proprietors to di- vide their Lands into Severalty."
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
Recd from the House the following communication, Viz .- "In Gent Assemy, Nov. 9th 1807. Resolved to concur with the Governor and Council in their proposed amendment to the resolution proposing an amendment to the Constitution of the United States.1 Extract from the Journals, Attest M. Post, Clerk."
The Governor and Council agreeable to the concurrent Resolution of both houses met the House in joint Committee in the Representatives' Room for the purpose of designating the places for the additional branches of the Vermont State Bank and also choosing the Directors of said Bank for the Year ensuing; And after having compleated the same the Governor and Council returned to their Chamber.2
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