USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 26
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A resolution was received from the House of Representatives appoint- ing a Committee, to receive, sort, and count the votes for Governor, Lieutenant Governor, Treasurer and Councillors for the year ensuing, which was read, and, Resolved, To concur with the house in passing the same. Councillors chosen, Messs. Shaw, Wright, Chittenden, Keyes, Wheelock, Shepardson & Loomis, and they were sworn to the faithful execution of their trust.
Adjourned to 4 o'clock P. M.'
' The usual religious services followed the adjournment, the election sermon by Rev. Tilton Eastman. Of course the first meeting of the Legislature at Montpelier was honored by all the ceremonies and cour- tesies, civil and military, that were possible. Daniel P. Thompson gave an account of them in his History of Montpetier, but unfortunately that was in fact a description of the "election day" of 1809. In 1808 escort duty was performed by United States troops, under the command of Colonel Larned Lamb of Montpelier, who at that time had received a commission in the U. S. Army and raised a company. A large number of people attended to witness the opening of the Legislature and the proclamation of the state officers, and but a very small part of them could gain admission to the house. Col. Lamb's company had filed in after the representatives and occupied the back seats of the hall of the house, when Mr. William Templeton objected strongly to the presence of United States troops to the exclusion of the freemen of the State, and especially of those who had contributed for the building of the State House. He was clamorously seconded, and the troops were ordered to withdraw from the hall. The editor is indebted for these statements to a gentleman who was present, the Hon. Daniel Baldwin of Montpelier.
191
Governor and Council-October 1808.
4 O'CLOCK P. M .- Mr. Griswold appeared in council Chamber, and informed that the General Assembly were convened in the Representa- tives' room, and were ready to meet the Lt. Governor & Council in Joint Committee for the purpose of hearing the report of the Commit- tee of both Houses, appointed to receive, sort & count the Votes for Governor, Lt. Governor, Treasurer & Councillors for the year ensuing. The Lt. Governor and Council immediately repaired to the Representa- tives' room, and the following report was read, viz. "That his Excel- leney Isaac Tichenor Esquire is Elected Governor, His Honor Paul Brigham Esquire Lt. Governor, Benjamin Swan Esqr. Treasurer, and the Honble Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon Mil- ler, Zerah Willoby, Asa Lyon, Samuel Fletcher, Reuben Hatch. Jede- diah P. Buckingham, Daniel Dana, John Elsworth and Noah Chitten- den, are duly Elected Councillors for the year ensuing, all which is SAMUEL SHAW, for Comee. 2
respectfully submitted.
The Lt, Governor & Council returned to their Chamber and ad- journed untill 9 o'clock Tomorrow morning.
FRIDAY October 14th, 9 o'clock A. M.
The Council met pursuant to adjournment. Present, His Honor Paul Brigham Esqr. Lt. Governor, The Honle. Elias Keyes and Noah Chitten- den Esqrs. Councillors. The Honble Chauncey Langdon, Daniel Chip- man, Asa Lyon. Zerah Willoby [Willoughby.] Reuben Hatch, Daniel Dana and John Elsworth Esquires, elected Councillors for the year en- suing, appeared in the Council Chamber, and were sworn into office by his Honor the Lt. Governor.
A Resolution was received from the house, appointing a Committee to wait on his Excellency Isaac Tichenor Esquire, and inform him of his appointment of Governor, for the year ensuing, & being read, Resolved, To concur therein, and Ordered that Mr. Chipman join said Committee. Ordered, That the Secretary return said resolution to the house.
2 The votes for governor were as follows, as appears from the Vermont Centinel [Burlington] of Oct. 21 1808:
Counties.
Tichenor.
Smith.
Scattering.
Chittenden
1348
778
35
Orange
1345
1480
45
Essex
224
87
11
Franklin
1190
789
19
Bennington
947
1123
35
Rutland
1548
2359
63
Addison
1345
1168
57
Windsor
1377
2714
57
Grand Isle
320
68
3
Windham
2477
1097
53
Orleans
377
236
11
Caledonia
1136
776
38
13634
12775
427
Majority for Gov. Tichenor 432.
The Centinel also stated that Moses Robinson junior of Bennington, one of the Federal candidates for the Council, failed of an election by reason of the omission of the "junior " in many of the votes.
192
Governor and Council-October 1808.
Ordered, That the Secretary inform the Honble Solomon Miller, Jed- ediah P. Buckingham and Samuel Fletcher Esqrs. that they are duly elected Councillors for the year ensuing.
Adjourned to 2 O'clock P. M.
2 O'CLK P. M .- The Lt. Governor & Councillors present subscribed the Oaths required by the Constitution.
His Excellency the Governor appeared in the Council Chamber, and with the Council proceeded to the Representatives' room, there signified his acceptance of the Office to which he had been duly elceted by the Freemen, and the Oaths, prescribed by the Laws and Constitution, were administered to him by the Honle. Royal Tyler Chief Judge of the Su- preme Court of Judicature, and the Governor & Council returned to their Chamber.
Received from the house the Petition of Mary Giles, praying for relief, with the following order thereon, " In General Assembly Oct. 14, 1808, Read & referred to Messs. King, W. Child & C. Smith, to join a Committee from Council. Attest M. Post Clerk," which was read, and Resolved, That Mr. Dana join the above Committee from the house.
His Excellency the Governor was pleased to appoint William Page Jun". Esquire Secretary for himself and Council. Mr. Page appeared in Council, and the Lieutenant Governor administered the Oaths of office to him as Secretary of the Governor and Council.
Attest [ROLLIN C. MALLARY, Secy .]
The following Resolution was received from the house-"In General Assembly Oct. 14, 1808. On motion, Resolved that the following Standing Committees be appointed, on the part of the house. to join such Committees as the Governor & Council may appoint on the same subjects-viz-The First Land Tax Committee, Messs. P. Smith, D. Clap, & Sexton. The Second Land Tax Committee Messs. Henry, J. Hall & Otis. The Third Land Tax Committee, Messs. A. Chamberlin, Wheatley & Newell. A Committee, denominated the Committee of Insolvency and suspension, Messs. W. Chamberlin, Marvin, De Forrest & Hammond. A Committee, denominated The Committee of New Trials, Messs. Ware, Olin, W. Chamberlin & G. Robinson. A Turnpike Committee, Messs. Rich, Flagg, J. Dana and Putnam. A Committee of Claims, Messs. N. Chipman, Edmund [David Edmond of Vergennes,] Hunt & Ware. Extract from the Journals Attest M. Post Clk pro. tem." and the same being read, Resolved, That Mr. Chittenden join the. First Land Tax Committee; That Mr. Ellsworth join the Second Land Tax Committee; That Mr. Hatch join the Third Land Tax Committee; That Mr. Langdon join the Committee of Insolvency and suspension; That Mr Chipman join the Committee of new trials; That Mr. Lyon join the Committee of Claims; and That Mr. Keyes join the Turnpike Committee.
Adjourned untill 9 O'clk Tomorrow morning.
SATURDAY October 15 1808 9 o'clk A. M.
The Council met pursuant to adjournment.
The Hone. Solomon Miller Esquire, Elected a Councillor, appeared in the Council Chamber, took & subscribed the Oaths prescribed by the laws and Constitution and was admitted to a seat as a member.
The Petition of Minott Farmer, first Constable of Parkerstown [Men- don,] praying for relief and power to sell the lands in said town under the cent tax, was received from the house with this order thereon: "In General Assembly Oct. 14, 1808, read & referred to Messs. N. Chipman,
-
193
Governor and Council-October 1808.
T. Hutchinson & W. Chamberlin to join a Committee from Council. Attest M. Post Clk."-read & Resolved That Mr. Willoby join the above Committee of the House.
Received from the House of Representatives the Petition of John Barker & others, relative to the Jurisdictional lines between the towns of Salisbury & Leicester, also a Petition of sundry Inhabitants of Sharon and Royalton relative to their Jurisdictional lines, with this order on each: "In General Assembly Oct. 14 1808, read and referred to Mess. Thompson, Green & Brown, to join a Committee from Council. Attest M. Post Clerk," and being read, Ordered That Mr. Chipman join the above Committee of the house.
Reed. from the house of Representatives a Petition for a land tax on Berkshire, with this order thereon: "In General Assembly Oct. 14, 1808. Referred to the First joint land tax Committee. Attest M. Post Clk." and the same being read, Resolved To concur with the house in the said reference.
Received from the House of Representatives the several Petitions of Geo. Sturtevant & E. Hawley praying for aets of suspension with this order on each: "In General Assembly Oct. 14, 1808, Read & referred to the Joint Committee of suspension &c. Attest M. Post Clerk," and being severally read, Resolved To concur with the house in their said reference.
Received from the house, the Petition of Enos Silsbee praying com- pensation for a horse killed in the service of the public, and the Petition of James D. Butler, for payments of sundries advanced to John Vincent a poor Indian, with this order on each-" In General Assembly Oct. 14, 1SOS, Read & referred to the joint Committee of Claims. Att. M. Post Clerk," and the same being severally read, Resolved, To concur with the house in their said reference.
Adjourned to 2 O'elk P. M.
2 O'CLOCK P. M .- Received from the House of Representatives the Petition of Caldwell Moore first Constable of Barnet, praying the Legis- lature to pass an act in confirmation of his proceedings as Collector of the Cent Tax, with this order thereon: "In General Assembly Oct. 15, 1808, read and referred to Messs. Fyler, Sanborn and Palmer to join a Committee from Council. Attest M. Post Clerk"-and the same being read, Resolved, That Mr. Hatch join the above Committee of the house.
Received from the house of Representatives the Petition of Thomas Todd & Son, for an act of incorporation, for the purpose of manufactur- ing woolen Cloth and also for a loan of money, with this order thereon: " In General Assembly Oct. 15, 1808, read & referred to Mess. Thomp- son, Dewey & Ware, to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Ellsworth & Mr. Langdon join the above Committee of the house.
Received from the house of Representatives a Petition from Coit's Gore, for an act to incorporate said Gore and part of Belvidere & Ba- kersfield into a new Township, by the name of Walpole, with this order thereon: "In General Assembly Oct. 15, 1808, Read and referred to Messs. Hazeltine, Shaw & Follett to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved That Mr. Miller join the above Committee of the house.
Received from the house of Representatives a Petition from the Over- seers of the Poor in the Town of Grafton with this order thereon: " In General Assembly Oct. 15, 1808, read and referred to the joint Commit- tee of new trials. Attest M. Post Clerk," and the same being read, Resolved To concur with the house in their said reference.
13
194
Governor and Council-October 1808.
Recd. from the House of Representatives, Petitions for land Taxes on Newark & Burke. and one from Pittsfield for the repeal of an act laying a land tax on said town, with the following order on each: " In General Assembly Oct. 14th 1808. Referred to the first joint land tax Committee. Attest M. Post Clerk," and the same being severally read, Resolved, To concur with the house in their said reference thercon.
Received from the house of Representatives the Petition of Francis Davis, for an act to free his body from imprisonment on an Execution in favor of John & Isaac F. Roe, with this order thereon: "In General Assembly Oct. 15, 1808, Read and referred to the joint Committee of suspension. Attest M. Post Clerk," and being read Resolved, That Mr. Chipman join said Committee on this Petition.
Received from the House of Representatives the Petition of Benja H. Oakes, praying to be liberated from Imprisonment, and to have his body free from arrest for the term of five years, with this order thereon: "In General Assembly Oct. 15, 1808, read & referred to the joint Committee of suspension. Attest M. Post Clerk." and the same being read, Resolved, To concur with the house in their said reference.
Received from the House of Representatives a Petition from the town of Burke for an alteration in the County road, and a Petition from John W. Blake and others for a Turnpike road from Rockingham to the South line of the State, with this order on cach: "In General Assembly Oct. 15, 1808. Read and referred to the joint Turnpike Committee. Attest M. Post Clerk," and the same being read, Resolved To concur with the house in their said reference.
Adjourned to 9 o'clk Monday Morning.
MONDAY, October 17th, 1808, 9 O'clk A. M.
The Council met pursuant to adjournment.
Received from the House of Representatives a Petition from the Inhabitants of Bakersfield, with this order thereon: "In General As- sembly Oct. 15 1808, referred to the Second joint land tax Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference.
Received from the House of Representatives the Petitions of Thomas Hodgkins and Abraham Dibble, praying for acts of Insolvency and suspension of civil process against them, with this order on each: "In General Assembly Oct. 15, 1808, read & referred to the joint Committee of suspension &c. Attest M. Post Clerk," and the same being severally read, Resolved, To concur with the house in their said reference.
Received from the House of Representatives a Petition from sundry Inhabitants of Middletown, for the grant of a Turnpike road from Clar- endon to Poultney, with this order thereon: "In General Assemby Oct. 15, 1808, read & referred to the joint Turnpike Committee. Attest M. Post Clk." and the same being read, Resolved, To concur with the house in their said reference.
Received from the House of Representatives a Petition from the Town of Pawlet, praying that the town lines between that town and Rupert may be Established, with this order thercon: "In General Assembly Oct. 15, 1808. Read and referred to Messs. Pratt, Emerson & Prindle to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Lyon join the above Committee of the house.
Received from the House of Representatives the Petition of Oliver Smith & William Hamilton, praying for an act of Insolvency, with this
.
195
Governor and Council-October 1808.
order thereon: "In General Assembly Oct. 15, 1808, read & referred to the joint Committee of suspensiou. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Chipman join the Committee of suspension on this Petition.
His Excellency the Governor. accompanied by the Lt. Governor & Council, proceeded to the Representatives' room, according to previous notice, where his Excellency delivered to both branches of the Legisla- ture the following speech.1
The Governor & Council then returned to their Chamber & resumed the consideration of business.
IN COUNCIL at Montpelier, Oct. 17, 1808.
Present, His Excellency Isaac Tichenor Esqr. Governor; His Honor Paul Brigham Esqr. Lt. Governor; Of the Council. The Honble Elias Keyes, Chauncey Langdon, Daniel Chipman, Zerah Willoby, Asa Lyon, Solomon Miller, Reuben Hatch, Daniel Dana, and John Ellsworth Es- quires; William Page Junr. Secretary, Joseph Armington Sheriff. The Council took under consideration the Petition of Josiah Hathaway of Plymouth in the County of Windsor, stating that at the term of the Su- preme Court of Judicature, begun and held at Woodstock, within & for the County of Windsor, on the Third Tuesday of August A. D. 1808, he the said Josiah was convicted before said Court of the crime of adultery and was fined by said Court the sum of eighty dollars and further or- dered to pay the costs of prosecution amounting to forty dollars & twenty three cents, representing his utter inability to pay said fine & costs, and praying the Governor & Council to remit the same or such part thereof as to the Governor & Council may seem proper. And on the question shall the Fine imposed as aforesd by the Court aforesaid, on the said Jo- siah Hathaway, be remitted-The yeas & nays being required by Mr. Chipman were as follows, to wit: Yeas, Govr. Brigham, Mr. Keyes, Mr. Langdon, Mr. Chipman, Mr. Miller, Mr. Willoby, Mr. Lyon, Mr. Dana and Mr. Hatch. Whereupon, after a full examination of the premises, and hearing evidence on the part of the Petitioner, and mature deliberation being had thereon, It is Ordered and Adjudged, That the said fine of . Eighty dollars, imposed on the said Josiah Hathaway by the Court aforesaid, be and the same is hereby remitted. And the Sheriff of our County of Windsor, and all other persons concerned will take due no- tice hereof and govern themselves accordingly.
Attest WILLIAM PAGE Jr. Secy.
Adjourned to 2 O'clk P. M.
2 OCLOCK P. M .- Received from the house of Representatives the following resolution: "In General Assembly October 17, 1808, on mo- tion of Mr. Rich, Resolved that a Committee of three be appointed from this House, to join such Committee as the Governor and Council may appoint, to report a bill or bills for the regulation of the State Prison, and also to examine the several laws relating to crimes and punish- ments, and report such additions, alterations and amendments as may be rendered necessary on account of the State Prison. Members chosen, Messs. T. Hutchinson, Edmond & Olin. Extract from the Jour- nals, Attest M. Post Clerk," and the same being read, Resolved, That Mr. Chipman join said Committee from the House on the above resolu- tion.
Received from the House of Representatives, A Bill referred from the last Session of the Legislature, Entitled "an act in addition to an act
For the speech see Appendix A.
196
Governor and Council-October 1808.
Entitled an act defining what shall make a legal settlement &c." with this new order thereon: "In General Assembly Oct. 17, 1808, Read & referred to Messs. Luce, Olin & Hinman to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved; That Mr. Langdon join said Committee of the house.
Received from the house of Representatives the Petition of John & James I. Winans concerning a Steam Boat on Lake Champlain, with this order thereon: "In General Assembly Oct. 17, 1808, read and re- ferred to Mess. N. Chipman, G. Robinson & Pratt to join a Committee from Council. Att. M. Post Clerk," and the same being read, Resolved, That Mr. Elsworth join the above Committee of the house.
Received from the House of Representatives a Petition from sundry Inhabitants of Cornwall, praying that part of the town of Bridport may be annexed to Cornwall, with this order thereon: "In General Assem- bly Oct. 17, 1808, read and referred to Messs. Rich, Gardner & Graves, to join a Committee from Council. Attest M. Post Clk." and the same being read, Resolved, That. Mr. Lyon join said Committee of the house.
Received from the house of Representatives, a Bill referred from the last Session of the Legislature, Entitled "An act granting to Isaac Eddy a tract of land therein mentioned," with this order thereon: " In Gen- eral Assembly Oct. 17, 1808, Read & referred to Messs. Knapp, A. Rob- inson & Jason Duncan to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Willoby join the above Committee of the house.
Received from the house of Representatives, a Bill referred from the last session of the Legislature. Entitled "An act appointing a Committee to lay out a Post Road from the Court House in Middlebury to the North line of Huntsburgh" [Franklin,] with this order thereon: " In General Assembly Oct. 17, 1808, Read & referred to Messs. Shafter, Pit- kin & Asa Smith to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Dana join the above Committee of the house.
Received from the house of Representatives, a Petition from Sundry Inhabitants of Newfane, praying to be annexed to Townsend, with this order thereon: " In General Assembly Oct. 17, 1808, Read & referred to Mess. A. Robinson, John Dodge & Duncan to join a Committee from Council. Attest M. Post Clk." and the same being read, Resolved, That Mr. Keyes join the above Committee of the house.
Received from the house of Representatives the Petition of Clark Rogers, respecting the collection of the State Prison Tax on Hunts- burgh, with this order thereon: " In General Assembly Oct. 17, 1808, Read & referred to the joint Committee on the Petition of Caldwell Moore. Attest M. Post Clerk," and the same being read, Resolved, To coneur with the house in their said reference.
Received from the house of Representatives the Petition of Ebenezer Markham, praying for an act freeing his body from arrest for the term of ten years, and the Petition of Jesse Leavenworth, praying for an act to free his body from arrest during his life, with this order on each: "In General Assembly Oct. 17, 1808. Read and referred to the joint Committee of Suspension. Attest M. Post Clerk," and the same being read, Resolved To coneur with the house in their said reference.
Received from the House of Representatives the Petition of Isaiah Sanford, First Constable of Monkton, for relief in a mistake made in the Grand list of said town, the Petition of the Selectmen of Sheldon for remuneration of monies expended in the support of Robert Smith a foreigner, and the Petition of the Selectmen of Bradford for relief against the State Prison land tax, with this order on each: " In General
197
Governor and Council-October 1808.
Assembly Oct. 17, 1808, read & referred to the joint Committee of Claims. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference.
Received from the House of Representatives the Petition of John R. Gibson for new trials in actions in his favor against Elias Gallup, with this order thereon: "In General Assembly October 17, 1808, read and referred to the joint Committee of new trials. Attest M. Post Clerk." and the same being read, Resolved, To concur with the house in their said reference.
Received from the House of Representatives the Petition of the Directors of the Weathersfield Turnpike Company, praying that the time limited by the act of Incorporation for completing said road might be extended, with this order thereon: "In General Assembly Oct. 17, 1808, Read and referred to the joint Turnpike Committee. Attest M. Post Clk." and the same being read, Resolved, To concur with the house in their said reference.
Received from the House of Representatives the Petition of the Inhabitants of the town of Arlington, praying an alteration in the Statute of limitations, with this order thereon: "In General Assembly Oct. 17, 1808. Read & referred to Messs. Rich, D. Clapp & Hunter to join a Committee from Council. Attest M. Post Clerk,"" and the same being read, Resolved that Mr. Miller join the above Committee of the house.
Received from the house of Representatives the Petition of Aaron Henry, praying a further credit on the Bond and Mortgage in favor of the State against him, and a Petition from Nathan Fletcher Junr. and Lewis Pratt [for relief] in a suit against them in favor of the State, as bail for Nathan Dean Junr. with this order on each: "In General Assembly Oct. 17, 1808, read and referred to the joint Committee on the Petition of Mary Giles. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference.
Adjourned untill 9 O'clk Tomorrow morning.
TUESDAY October 18th, 1808, 9 o'clk A. M.
The Council met pursuant to adjournment.
Received from the House of Representatives the following Resolution: "In General Assembly Oct. 17, 1808. Resolved, the Governor and Council concurring herein, that both houses meet in their separate rooms, tomorrow morning at ten o'clock, and then & there proceed to ballot for some suitable Person as a Senator to represent this State in the Senate of the United States for six years from and after the third day of March next, and that immediately thereafter both houses meet in joint Committee in the Representatives' room for the purpose of declaring the person elected, and that if the two houses do not agree on the same person, that they proceed by joint ballot to elect a suitable person as Senator as aforesaid. Read & adopted. Extract from the Journals, Attest, M. Post Clerk," and the same being read, Resolved, To non- concur with the house in the above resolution for the following reasons: That since the election of the Members of Council have been published, there has not been sufficient time to give regular notice to all the mem- bers elect of their election & have them attend & be qualified. And that in the opinion or knowledge of the Governor aud Council there is no particular reason to make it necessary to proceed to that important election at so early a period of the session, when the collective voice of
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