USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 25
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Adjourned to 6 OClock P. M.
1On the removal of judges of the United States Supreme Court for other than impeachable offenses. See Appendix B.
"See Appendix D.
181
Governor and Council-November 1807.
6 OCLOCK P. M .- The Council Met pursuant to adjournment.
The Bill laying a tax of one cent on each acre of Land in the State of Vermont for the purpose of defraying the expenses of building the State prison, was read and it was Resolved to concur with the house in passing the same with the following amendments, Viz. In Sec. 7th, line 7th after the words "per annum," insert "in hard money, or bills of the Vermont [State] Bank." and in the 11th line of said Section insert the words "monies" "or bills of the Vermont State Bank."
Received from the house the bill entitled an act directing the Treas- urer of the State to pay the sum therein mentioned, which was read and it was Resolved to coneur with the house in passing the same.
Received from the House the bill entitled an act directing the treas- urer of the State to pay the sums therein mentioned to Alexander Hutchinson, 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. 9th 1807, Resolved to coneur with the Governor and Council in their amendments to the bill entitled an act relating to the division of lauds in Navy [Charleston; ] and one relating to the laying out a County road from Danville Court House to the Court House in Guildhall in the County of Essex. Extract from the Journals, Attest M. Post Clerk."
The Bill entitled an act reviving a land tax on Goshen Gores, Harris' Gore and Hopkinville [Kirby,] and Bradley vale [part of Burke] in the County of Caledonia referred to Gov. Brigham and Mr. Loomis.
Recd from the House a bill entitled " an act for the relief of Benjamin Stoddart " [Stoddard, ] which was read and it was Resolved to concur with the house in [passing] the same.
Recd from the House the bill entitled " an act in amendment of an act entitled an act relating to the proceedings against the trustees of con- cealed and absconding Debtors," which was read and it was Resolved to concur with the House in passing the same.
Recd from the House a bill entitled " an act in addition to an act enti- tled an act to authorize the Supreme Court to empower Guardians to sell the real estate of Wards;" which was read and referred to Messrs. Niles & Loomis.
Recd from the House the bill entitled " an act in addition to an act entitled an act constituting the Supreme Court of Judicature," which was read in Council and it was Resolved to concur with the House in passing the same.
Recd from the House the bill entitled " an act annexing the Counties of Orleans and Essex to the County of Caledonia for certain purposes," which was read and it was Resolved to concur with the House in pass- ing the same.
The Bill relating to the organization of bands of Military Musicians in the several regiments of Militia in this State, was read and referred to Messrs Wright & Shepardson.
Recd from the House the bill entitled an act laying a tax of two cents pr acre in the town of Hancock, which was read and it was resolved to concur with the House in passing the same.
Reed from the House the bill entitled an act authorizing the adminis- trators of David Wing Jr. to deed land &c. which was read and it was referred to Messrs Loomis & Butler.
Resolved to concur with the House in passing the bill entitled "an act extending the time for recording certain advertisements in the town Clerk's office in the town of Philadelphia " [part of Chittenden. ]
Recd from the House the Bill entitled " an act in addition to an act
182
Governor and Council-November 1807.
establishing a State Bank," which was read and Ordered to Lie on the table.
Recd from the House the Bill entitled an act granting to Daniel Mer- riam, Charles Landon & Sylvester Phelps the sum of $15,63, which was read and it was resolved to concur with the House in passing the same.
Adjd to 8 OClock A. M. tomorrow.1
TUESDAY, Nov 10th 1807, 8 OClock A. M.
The resolution [of the House] to adjourn on "Tuesday the 10th of Nove" was concurred by amending the same by inserting "Wednesday" instead of " tuesday " and Gov. Brigham appointed to assign the reasons to the House.
The Bill entitled an act in addition to an act entitled an act to authorize the Supreme Court of this State to empower Guardians to sell the real estate of their wards, was read and it was Resolved to concur with the House in passing the same.
The Bill entitled an act authorizing the forming of bands of Military Musicians &c. was called up, read again and it was Resolved to concur with the house in passing the same.
The Bill entitled "an act in' addition to an act establishing a State Bank," was read and it was resolved to concur with the House in passing the same with the following amendments-Viz. in Sec. 2nd line 6th from the top after the word "President" erase the words "two hundred and fifty" and insert "three hundred," and that Gov. Brigham wait on the House and assign the reasons.
The Bill entitled an act to revive a land tax on Goshen Gores, Harris Gore, Hopkinville & Bradley Vale in the County of Caledonia was read and it was resolved to concur with the House in passing the same, with the following amendments, Viz .- Add the following at the end of sec. 1st, "so far as it relates to the liability of said Sheriff for said tax. Sec. 2d. It is hereby further enacted that in all cases when said tax has been paid to said Sheriff on any Lands which may hereafter be advertized for sale agreeable to this act, if the owner of such lands, by himself or his agent, shall produce to said collector proper vouchers shewing payment of said
1 From the Assembly Journal, Nov. 9 1807 :
Mr. [Charles] Rich, on motion and leave, introduced the following resolution :
In General Assembly, Nov. 9th, 1807.
Whereas it becomes the interest of the good people of this and the United States, as far as possible to encourage domestic manufactures, and more especially when the peace of this country is threatened by the nation with whom we have the greatest commercial intercourse; and whereas the most ready method of introducing such manufactures will be to take proper measures to make them fashionable,-Therefore,
Resolved, the Governor and Council concurring herein, that it be rec- ommended to the Governor, members of the Council, and House of Representatives, to appear at the next session of the legislature, clothed in the manufactures of this or some other of the United States.
The foregoing resolution being read was adopted, and sent to the Governor and Council for concurrence.
The journal of the House shows that this resolution was returned by the Council concurred in, Nov. 10, but the Secretary of the Governor and Council failed to enter in his record any action on the subject.
183
Governor and Council-November 1807.
tax in whole or in part to said Sheriff previous to his absconding, of any right or lot of land in said County so advertized as aforesaid, the collector shall credit the same to such Land owner on his rate bill free from ex- pence, and such land shall not be sold, and said Collector shall execute to such Land owner or his agent a receipt in full for such tax so shewn to have been paid as aforesaid, and in all cases where vouchers shall [be pro- duced] shewing payment aforesaid, the same shall be credited to said Collector by the treasurer of said County."
Adjª to 2 OClock P. M.
2 OCLOCK P. M .- Mr Niles introduced a bill entitled an act incorpo- rating the Bradford Manufacturing Company, which was read, passed and sent to the General Assembly for concurrence.
The Bill entitled "an act laying a tax of one cent on each acre of Land in the State of Vermont for the purpose of building a State prison," which had been returned with certain proposals of amendment [to the house, ] was now again sent up from the house to Council with informa- tion that the house had concurred with the two first proposed amend- ments and had non-concurred with the last; and Mr Olin appeared in Council and assigned the reasons of the house. The above bill on mo- tion was referred to Gov. Brigham & Mr. Wright.
The Bill entitled "an act providing for the inspection of Lumber" was read & referred to Mr. Loomis & Gov. Brigham.
The Bill entitled "an act in addition to an act establishing a State Bank," lately sent down to the house with proposals of amendment, was now returned non-concurred, and on motion Resolved that the Council rescind their vote for amendments aforesaid and that they concur with the house in passing the original bill.
Recd from the House the Bill entitled "an act in addition to an act es- tablishing a Grammar School in Norwich in the County of Windsor." which was read and it was Resolved to concur with the house in pas- sing the same.
Recd from the house the Bill entitled " an act establishing a Grammar School in Royalton," which was read and it was Resolved to concur with the House in passing the same.
Reed Information that the House had concurred in the proposed amendment to the resolution for adjourning the house without day-and also in the bill entitled an act laying a tax of two cents pr acre on the town of Sherburne.
Reed from the House the bill entitled an act in addition to an act enti- tled an act regulating fees and to repeal certain acts therein mentioned, which was read and it was Resolved to concur with the house in passing the same.
Recd from the House the Bill entitled " an act in addition to and alter- ation of an act entitled an act regulating fees, and also to repeal a cer- tain act therein mentioned," which was read and it was resolved to con- cur with the house in passing the same.
Received from the House the bill entitled " an act to punish undue combinations, Speculations and undue practices among Attornies and pettifoggers," which was read and it was resolved to concur with the House in passing the same.
Adjourned to 9 OCclock to morrow A. M.
Nov. 11th, 9 OClock A. M.
The Gov. & Council met Pursuant to adjournment.
The following resolution was introduced into Council -- Resolved, the General Assembly concurring herein, that both Houses meet in the
184
Governor and Council-November 1807.
representatives' room at 10 OClock A. M. this day for the purpose of ap- pointing a High Bailiff for the County of Windham in the room of Joseph Ellis resigned "-[which was read and adopted.]
The bill entitled an act laying a tax of one cent on each acre of land in the State of Vermont was called up and again read and it was Re- solved to concur with the House in passing the same with sundry amendments.
The following engrossed bills were received from the House, sent up for revision and concurrence or proposals of amendment; Viz .- one entitled "an act relating to the division of lands in the town of Reading:" one entitled "an act directing the treasurer to pay the sum therein men- tioned "-which were read and it was resolved to concur with the house in passing the same.
Received from the House this resolution: "Resolved that the Judges of the Supreme Court be appointed to inspect the several branches of the Vermont State Bank" &c. which was read and it was resolved to concur with the House in passing the same.
The following resolution was introduced into Council-Viz. "Resolved, the General Assembly concurring Herein, that all the unfinished busi- ness be referred to the next Session of the Legislature;" which passed and was sent down to the House for concurrence.
The Secretary read the debenture of the Gov. & Council, and [it] was agreed to as follows:
Miles Travel.
Amount
Travel.
Days
Attendance.
Amount
of
Attendance.
Whole
Amount.
His Honor Paul Brigham Lt. Gov.
17
2 04
35
140|00
142,04
Honl Jonas Galusha.
74
8|88
8
12 00
20 88
.. Noah Chittenden.
80
9|60
35
52 50
62 10
. . Elias Keyes.
23
2 76
27
40 50
43 26
... Beriah Loomis
26
3 12
35
52 50
55 62
. . Nathaniel Niles
36
4 32
35
52 50
56 82
.. Asaplı Fletcher.
20
2 40
35
52 50
54 90
.. Josiah Wright.
100
12 00
35
52 50
64 50
.. Ebenezer Wheelock
62
7 44
35
52|50
59 94
. Samuel Shepardson.
74
10.08
35
52 50
62 58
. Eliakim Spooner
44
5 28
35
52|50
57 78
. Ezra Butler. ..
60
7 20
33
49 50
56 70
. Samuel Shaw
29
43 50
43 50
. William Page Jr. (Deb. as Secy. ).
34
4 08
7
17 50
21 58
R. C. Mallary Secy
44
5|28
29
72 50
77 78
. W. Strong Sheriff.
35
52 50
52 50
84|48
848|00
932|48
of
-
Recd from the House the resolution of Council for referring the unfinished business to the next Session of the Legislature with the following order of the House upon the same-"In General Assembly Nov. 11th 1807, Resolved to concur with the Governor and Council in the above resolution with the following amendment, Viz. in 3d line [insert] "excepting the act in addition to an act relating to road taxes and the bill making appropriations for the support of government." Attest M. Post Clerk." Which was read and it was resolved to concur with the House in their proposed amendment.
Reed the concurrences of the House in these bills, Viz .- one "incorpo- rating Bradford Manufactoring Company"-one " to revive a Land Tax
66
185
Governor and Council-November 1807.
on Goshen Gores, Harris Gore, Hopkinville & Bradly Vale in the County of Caledonia"-one "laying a tax of two cents on the aere in the town of Sherburne"-one "in the resolution for adjourning the Legisla- ture without day" and one "to the bill entitled an act laying a tax of one cent on each acre of land in the State of Vermont."
An engrossed Bill was sent up from the House for concurrence or proposals of amendment by the Council entitled "an act in addition to an act regulating the disposition of monies raised by tax on lands in towns for the purpose of making and repairing roads and building bridges," was read and it was resolved to concur with the House in pass- ing the same.
The resolution [bill] for making "appropriations for the support of Government the present session" and for laying over the unfinished business (being returned from the house with proposals of amendments) were read and it was Resolved to concur with the House in passing the same.
Pursuant to the concurrent resolution of both Houses, the Governor and Council proceeded to the Representatives' room and in presence of both branches of the Legislature the Reverend Elder Green addressed the throne of Grace in prayer, and William Strong Esquire Sheriff of Windsor County adjourned the Legislature without Day.
A true Journal. Attest, ROLLIN C. MALLARY Secretary.
THIRTY-SECOND COUNCIL.
OCTOBER 1808 TO OCTOBER 1809.
ISAAC TICHENOR, Bennington, Governor. PAUL BRIGHAM, Norwich, Lieut. Governor.
Councillors : SAMUEL FLETCHER, Townshend, SOLOMON MILLER, Williston,
NOAH CHITTENDEN, Jericho, ELIAS KEYES; Stockbridge,
CHAUNCEY LANGDON, Castleton, DANIEL CHIPMAN, Middlebury,
ZERAH WILLOUGHBY, Fletcher,
ASA LYON, South Hero,
REUBEN HATCHI, Tunbridge, 1 JED'H P. BUCKINGHAM, Thetford, DANIEL DANA, Guildhall,
JOHN ELLSWORTH, Greensboro'. ROLLIN C. MALLARY, Castleton, Secretary until Oct. 14. WILLIAM PAGE, Jr., Secretary from Oct. 14. JOSEPH ARMINGTON, Sheriff.
BIOGRAPHICAL NOTICES.
Owing to considerable dissatisfaction as to the expenditure for the State Prison, and more as to the embargo and military orders connected therewith, the election of 1808 resulted in a political revolution, Gov. Tichenor being restored to office, and a Council elected of whose mem- bers two thirds sat for the first time in that body.
CHAUNCEY LANGDON, graduated at Yale College in 1787, must have come shortly afterwards to Castleton, Vermont, as he was Register of Probate in 1792, and practicing in Rutland County Court in 1794. He was Register for five years, and Judge of Probate in 1798 and 1799. He represented Castleton in the General Assembly in 1813 and '14, 1817, 1819, 1820, and 1822; and was Councillor in 1808, and 1823 until his death in 1830. He was one of the Federal members of Congress, 1815 to March 1817. His character and talents entitled him to high respect,
1 The Washingtonian placed Mr. Hatch in Norwich in 1810.
187
Biographical Notices.
and were it not that his zeal as a partizan kept him for several years with the minority of the freemen of his town, a majority of whom followed such Jeffersonian leaders as Isaac Clark and Samuel Shaw, he would have been much more employed in public service. The editor of this volume remembers him as one of the most venerable and dignified among the Councillors of 1829. He was first Vice President of the Vt. Bible Society at the time of his death .-- Lanman's Dictionary of Congress; and Deming's Catalogue.
DANIEL CHIPMAN, LL.D., was born in Salisbury, Conn., Oct. 22 1765, and graduated at Dartmouth College in 1788. He removed with his father to Tinmouth in 1775, and labored on a farm until 1783. Pursuing a classical course for five years, he studied law with his brother Judge Nathaniel Chipman, and on his admission to the bar commenced prac- tice at Rutland. In 1794 he removed to Middlebury, and there he spent the best part of his professional life, becoming distinguished in his pro- fession and in literature. He was admitted to the American Academy in 1812. and was law professor in Middlebury College from 1806 to 1816. being succeeded in that office by Judge Nathaniel Chipman. His legis- lative service commenced in 1798, as Representative of Middlebury in the General Assembly, which office he held for eleven years, ending in the year 1821-2, and in 1813 and '14 he was Speaker of the House. He was elected Representative in 1808. and also Councillor, and entered the Council on the second day of the session, and served one year only. He was one of the three Federal Councillors of that year who served in Congress 1815 to March 1817. He was State's Attorney for Addison County 1797 until 1817, and Delegate in Constitutional Conventions as follows : for Rutland in 1793, Middlebury in 1814. and Ripton in 1836, '43, and '50. He took an active part in the Convention of 1843, and though he was in his seventy-eighth year, the editor of this volume ean attest that he was prompt, vigorous, and eloquent in debate, and genial and communicative in conversation. It was the fortune of the editor to hear John Quincy Adams in debate when he was in his seventy-third year and fully maintaining his title to the name of the "old man eloquent." In person and intellectual qualities, Mr. Chipman strongly resembled Mr. Adams, and with equal advantages in culture and experience in lofty statesmanship, Mr. Chipman certainly would have won high repute in the nation. "He was the youngest of seven brothers, all highly distinguished men." His published writings are an Essay on the Law of Contracts, 1822 ; Reports of the Supreme Court of Vermont, 1789- 1825, published in 1835 ; Life of Nathaniel Chipman, 1846 ; Memoir of Seth Warner, 1848 ; and Memoir of Thomas Chittenden, 1849. He died April 23 1850, from disease incurred in attending the Constitutional Convention of that year .- Drake's Dictionary of American Biography; Deming's Catalogue; and Vermont Watchman and State Journal, Jan. 1843, and May 1850.
188
Biographical Notices.
ZERAH WILLOUGHBY represented Fletcher in the General Assembly in 1818, '20, '22, and '23, and in the Constitutional Convention of 1822. He was Assistant Judge of Franklin County 1801 until 1806, 1813, '14, 1818 until 1821, 1822 and '3, and Chief Judge 1824 and '5. He was Councillor in 1808 and 1814. He was a farmer and merchant .- Vt. Historical Magazine; and Deming's Catalogue.
Rev. ASA LYON was born in Pomfret, Conn., Dec. 31 1763, graduated at Dartmouth College in 1790, and pastor of the Congregational church at Sunderland, Mass., from Oct. 4 1792 to Sept. 23 1793. He organized the Congregational church in South Hero,' in conjunction with Grand Isle, in 1795, and was its first minister, though he never was installed but was elected by the members-DRAKE says, from Dec. 21 1802 to March 15 1840. After a few years, a difficulty arose as to his support, when he declared that his pastoral services should be gratuitous. Be- ginning with a valuable farm and living in the most frugal fashion, he became the wealthiest man on the islands, without the aid of a salary. He represented South Hero in the General Assembly 1799 until 1803, 1804 until 1807, and 180S for a few days till he entered the Council, in which he served one year. He represented Grand Isle 1812 until 1815, when he was elected to Congress and served 1815 to March 1817-being the third of the Federal Councillors in 1808 who served in the same Congress. He was Chief Judge of Grand Isle County Court in 1805, '6, 'S, and '13. Rev. SIMEON PARMALEE gave a very interesting sketch of Mr. Lyon, in the second volume of the Vt. Historical Magazine, article " Grand Isle," in which he wrote that
He was a great man in stature and in powers of mind. He had a dark complexion, coarse features, powerful build, more than six feet in height, large boned, giant-framed, and a little stooping. * It never * could be said that the people of the Island were deprived of the gospel. Nor was it a shammy man-made gospel that Mr. Lyon proclaimed to them, for which they gave him nothing, but an able and faithful exhibi- tion of gospel truth-clear as the sun in its meridian strength. Nor was he unappreciated as a man of power and an able vindicator of the truths of the gospel, by his people. His friends thought him not only a great man, but a good man. You could offend his people in no way any quicker than to speak reproachfully of Mr. Lyon. Still they knew he had faults, and they saw them, yet he had his good traits, and his people saw them also, and loved him and judged him with charity. * He
1 The three present towns of Grand Isle, North Hero, and South Hero originally formed one town named the Two Heroes. Oct. 27 1788, the islands were divided into two towns which were known as North Hero and South Hero, and were called by these names by Ira Allen in 1781. Nov. 7 1798, South Hero was made two towns named Middle Hero and South Hero, and Nov. 5 1810, the name of Middle Hero was changed to Grand Isle. Lyon's farm, it has been stated by Rev. S. Parmalee, was on the North Hero.
189
Biographical Notices.
was a divine, a philosopher, and a reasoner and a scholar in almost every sense of the word. He was truly learned on all subjects; even a literary encyclopedia himself. He was eloquent in extemporaneous discussions.
The editor of the Historical Magazine adds:
He was no saint Lyon, as the enthusiast pencil may overpaint, " with no spot nor wrinkle nor any such thing;" but he was honored in the na- tion and worshipped in his own pulpit. Said the late Hon. Charles Adams of Burlington, "There have been two men in this State, whose intellect towered above all others, one Nat. Chipman of Tinmouth. the other Asa Lyon of Grand Isle."
" He died," said Mr. Parmalee, " as he had lived, like a philosopher and a Christian." His death occurred April 4 1841, in his 78th year. See portrait in Vt. Hist. Mag. Vol. II .- Drake's Dictionary of American Biography; Deming's Catalogue; and Vt. Historical Magazine, Vol. II.
REUBEN HATCH represented Tunbridge in the General Assembly in 1792, '93, and '95; and he was a Councillor one year .- Deming's Cata- logue.
JEDEDIAH P. BUCKINGHAM was graduated at Dartmouth College in 1779 and came to Thetford in 1781 as an attorney, and there resided until his death, Sept. 1, 1840. He was an able man in his profession. He represented Thetford in the General Assembly 1800, 1804, and 1805; was Councillor one year ; Chief Judge of Orange County Court from 1799 until 1806, and 1813 until 1816 .- Vt. Historical Magazine, Vol. II; and Deming's Catalogue.
Deacon DANIEL DANA came to Guildhall from Connecticut, [proba- bly one of the Pomfret family,] as an attorney, and represented the town in the General Assembly 1800 until 1807, and 1808 till he entered the Council. He was a Councillor in 1813 and 14: Chief Judge of Essex County Court 1800 until 1808, and 1809, '13 and '14; and Judge of Pro- bate 1801 until 1809, and 1813 and '14. He removed to New York, and the editor, Charles A. Dana of New York city, is his grandson .- Vt. Historical Magazine, Vol. I, article "Guildhall ;" and Deming's Cat- alogue.
JOHN ELLSWORTH represented Greensborongh in the General As- sembly in 1799 and 1806. He was Clerk of Orleans County Court 1803 until 1814, and served in the Council one year .- Deming's Catalogue.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE SESSION WITH THE GENERAL ASSEMBLY AT MONTPE- LIER, OCTOBER 1808.
A Journal of the Proceedings of the Governor and Council of the State of Vermont, at their Session begun & holden at Montpelier. within & for said State, on the thirteenth day of October, being the second Thursday of said Month, in the year of our Lord, one thousand eight hundred & eight, and of the Independence of the United States the Thirty third, on which day the General Assembly were convened, pur- suant to the laws and Constitution of this State. Present, His Honor Paul Brigham Esqr. Lt. Governor; of the Council, The Honble Beriah Loomis, Noah Chittenden, Ebenezer Wheelock, Nathaniel Niles, Elias Keyes, Samuel Shaw, Josiah Wright, Samuel Shepardson, Ezra Butler, and Asaph Fletcher Esquires. Rollin C. Mallary Secretary. Joseph Armington Sheriff of Caledonia County. Mr. Dank Chipman appeared in Council from the House of Representatives, and informed that they had formed a quorum, and were ready to proceed to business. Ordered, That the Secretary inform the General Assembly that a quorum of the Council were convened, and ready to proceed to business.
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