USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 27
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Governor and Council-October 1808.
the Representatives of the People cannot be taken. Ordered, That the Secretary return the same to the House.
A bill passed in the House of Representatives, Entitled "An act alter- ing the name of Elijah Stebbins Johnson to that of Lovwell Johnson," was sent up for revision and concurrence or proposals of amendment, and being read, Ordered, That the same be referred to Mr. Hatch.
Received from the house of Representatives a Petition for land taxes on Derby, Salem, Newark, East-haven, Granby & Guildhall, with this order thereon: "In General Assembly Oct. 17, 1808, Read & ordered to lie on the table. Called up and referred to the third joint land tax Com- mittee. 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 Malachi & Witherell Wittam [Wittum,] praying compensation for land [lost] by the Commissioners of Confiscation, with this order thereon: "In Gen- eral Assembly Oct. 17, 1808, read and referred to the joint Committee of Claims. 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 James Perry praying to be restored to his law, with this order thereon: "In General Assembly Oct. 17, 1808, read and referred to Messs. Wheatley, Brown & J. Fuller to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Chipman join the above Committee of the house.
Received from the House of Representatives "An act further to pro- vide for the support of schools," with this order thereon: "In General Assembly Oct. 17, 1808, Read and referred to Messs. L. Hall, P. Smith & Hazleton [Hazeltine] to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Chittenden join the above Committee of the house.
IN COUNCIL, at Montpelier, October 18, 1808.
Present, His Excellency Isaac Tichenor Esquire Governor ; His Honor Paul Brigham Esqr. Lt. Governor; of the Council, The Honble Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon Miller, Asa Lyon, Zerah Willoby. Reuben Hatch, Daniel Dana, and John Elsworth, Esquires. William Page Jun". Secretary ; Jos. Armington, Sheriff. The Governor & Council took under consideration the Petition of Seth Payne, stating that, at the Supreme Court of Judicature begun & held at Danville within & for the County of Caledonia on the third Tuesday next following the fourth Tuesday of August A. D. 1807, he the sd Seth Payne was convicted of the crime of passing counterfeit Bills, and sen- tenced among other things to four years hard labor, that he is now con- fined in the common goal of said Danville, that his health is much im- paired by his confinement, that he has been & still is very unwell, and that a much longer imprisonment, in all probability, will put a period to his existence, and praying the Governor & Council to remit & pardon the remaining part of his said punishment, or such part thereof as shall be thought proper. And on the question, Shall the imprisonment afore- said imposed on the sd Seth Payne, by the Court aforesaid, be remit- ted and pardoned ? the yeas & nays being required were as follows, to wit : Yeas, none ; Nays. Gov. Brigham, Mr. Keyes, Mr. Langdon, Mr. Chipman, Mr. Miller, Mr. Lyon, Mr. Willoby, Mr. Hatch, Mr. Dana and Mr. Elsworth. Wherupon, 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 imprisonment aforesd of the said Seth Payne be not remitted and pardoned, and that the sd Petition be dismissed.
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Governor and Council-October 1808.
Received from the house of Representatives the Petition of Seth Walker and others, for the grant of a Turnpike road from the west end of the Green Mountain Turnpike to Poultney, one from Ferrisburgh for the grant of a Turnpike Road from Vergennes to Hurn's [Heirn's] Ferry, and one for the Grant of a Turnpike Road from Stratton to Sun- derland, with this order on each: "In General Assembly Oct. 18, 1808, read & 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.
Received from the house of Representatives the Petition of the Se- lectmen of Warren, praying to be released from the payment of the State Tax of 1807, and one from Joseph Garnsey, first Constable of Rochester, praying relief as Collector of the State Prison Tax on said Town, with this order on each: "In General Assembly Oct. 18, 1808, Read & referred to the joint Committee of Claims. 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 for the revival of a land tax on Ludlow, with this order thereon: " In General Assem- bly Oct. 18, 1808, Read and referred to the 2nd joint Land Tax Commit- tee. Attest M. Post Clerk," and the same being read Resolved, To con- cur with the house in their said reference.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- The Honorable Jedediah P. Buckingham Esquire appeared in the Council Chamber, signified his acceptance of the office of Councillor to which he had been elected by the Freemen, took and subscribed the necessary caths, and was admitted to a seat.
Adjourned untill nine O'clk Tomorrow morning.
WEDNESDAY, October 19th, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
Received from the House of Representatives the following Resolu- tion: " In General Assembly, October 18, 1808, Resolved, the Governor & Council concurring herein, that the members of both houses meet in County Conventions at four O'clock in the afternoon of Wednesday next, for the purpose of nominating their County Officers, and that both houses convene in joint Committee in the Representatives' room at the opening of the house on Thursday next to elect such officers. Extract from the Journals, Attest M. Post Clerk," and the same being read, Resolved, To concur with the house therein with this proposal of amendment, " Insert in the 5th line Thursday instead of Wednesday, and in the 10th line Friday instead of Thursday." Also this resolution: " In General Assembly Oct. 18, 1808, Resolved, the Governor and Council concurring herein, that both houses meet in joint Committee in the Representatives' room at three O'clock Tomorrow afternoon for the pur- pose of electing Judges of the Supreme Court. Extract from the Jour- nals, Attest M. Post Clerk," and the same being read, Resolved, To concur with the house therein, with this proposal of amendment, "in the fourth line erase the words "tomorrow afternoon," and insert, "in the afternoon of Thursday next." And also this resolution: "In Gen- eral Assembly Oct. 18, 1808, Resolved, the Governor and Council con- curring herein, that both houses meet in their separate rooms at two O'clock P. M. on Wednesday next, for the purpose of balloting for some suitable person to represent this State in the Senate of the United States
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Governor and Council-October 1808.
for the term of six years from and after the third day of March next, and that immediately after both houses meet in the Representatives' room, for the purpose of comparing, and if no person should be found duly elected, that both houses then procced by joint Ballot to elect a person as Senator as aforesaid. Extract from the Journals, Attest M. Post Clerk," and the same being read, Resolved, To concur with the house therein, with this proposal of amendment, " in the 4th line erase " Wednesday," and insert "Thursday." Ordered, That Mr. Lyon in- form the house of the reasons of the Governor & Council in proposing the above amendments to the three foregoing resolutions.
Received from the house of Representatives the Petition of Nath1. Bosworth Jur. praying relief on an Execution in favor of the State against him, with this order thereon: " In General Assembly Oct. 18, 1808. Read & 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. Also, a Petition for a land Tax on Bristol, with this order thereon: " In Gen1. Assembly Oct. 18, 1808. Called up and referred to the first 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 several Petitions, to wit, one for a land tax on Deweysburgh, and one for a land tax of [on] Iras- burgh, with this order on each: "In General Assembly Oct. 18, 1808, read & referred to the third joint land Tax Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also, A Petition from the town of Wells, relating to their public lands, with this order thereon: " In General Assembly Oct. 18, 1808, read & referred to the joint Committee on the Petition of sundry Inhabitants of Cornwall. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also. A Petition for the grant of a Turnpike road from Norwich to Chelsea, and one for a Turnpike road from Cheshire Bridge, so called, over Connecticut river in Springfield to Thaddeus Park's in Chester, with this order on each: " In General Assembly Oct. 18, 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. Also, A Petition for a new County, with this order thereon: "In General Assembly Oct. 18, 1SOS, Read and referred to Messs. Stan- ley, Gardner & Fox to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Keyes 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 to repeal the seventh Section of an act Entitled an act directing the mode of taking the for- feiture of grants & charters, with this new order thereon: "In General Assembly Oct. 18, 1808. Called up and referred to Mess. Olin, D. Smith & Saxton to join a Committee from Council. Attest M. Post Clerk." and the same being read, Resolved, That Mr. Chittenden 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 in addition to an act defining the powers of Justices of the Peace &c. with this order thereon: "In General Assembly Oct. 18, 180S, read & referred to Messs. G. Rob- inson, Newell & F. Child to join a Committee from Council. Att. 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 Asa
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Governor and Council-October 1808.
Wheelock for a division of the town of Wardsboro, with this order thereon: "In General Assembly Oct. 18, 1808, Read and referred to Mess8. A. Chamberlin, Hammond & Barney 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 a resolution referred from the last session of the Legislature, relative to a road from White River to Woodstock, with this new order thereon: "In General Assembly Oct. 18, 1808. Called up and referred to Mr. Luce, D. Dana & Brown to join a Committee from Council. Attest M. Post Clerk," and the same be- ing read, Resolved, That Mr. Buckingham join the above Committee of the house.
Received from the house of Representatives the Petition of Charles Bulkley and others, praying relief as Trustees of Montpelier academy, with this order thereon: "In General Assembly Oct. 18, 1808, read & referred to Messs. Ware, Putnam & Lynde to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved. That Mr. Keyes join the above Committee of the house.
Received as above a bill referred from the last session of the Legisla- ture, Entitled an act in addition to an act establishing a State Bank, with this new order thereon: "In General Assembly Oct. 18, 1808, read & referred to Mess8. Collins, Pratt, Farrington. Barnard & S. Wallace to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Willoby & Mr. Dana join the above Comee of the house.
Received as above, a bill referred from the last session of the Legisla- ture, Entitled an act in addition to and amendment of an act constituting the Supreme Court of Judicature &c. with this new order thereon: "In General Assembly Oct. 18, 1808, read & referred to Messs. Griswold, Edmond & Marvin to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Ellsworth join the above Committee of the house.
Received as above. a bill referred from the last session of the Legisla- ture, Entitled an act in amendment of an aet incorporating a College at Middlebury, with this new order thereon: "In General Assembly Oct. 18, 1808, Called up & referred to Messs. Linsley, Patrick and Olin to join a Committee from Council. Attest M. Post Clerk." and the same being read, Resolved, That Mr. Miler join the above Committee of the house.
Received from the house of Representatives a Memorial against the conduct of the Directors of the Vermont State Bank, with this order thereon : "In General Assembly Oct. 18, 1808. Read & referred to Mess. Cameron, Kinne [Kinney,] Thompson, Hinman & Dewey to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Langdon and Mr. Hatch 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 concerning the public lands of Deweysburgh, and a Petition accompanying the same, with this order on each: "In General Assembly Oct. 18, 1808. Read & refer- red to Mess. W. Chamberlin, Cahoon, & Palmer to join a committee from Council. Attest M. Post Clerk," and the same being read, Re- solved, That Mr. Buckingham join the above Comee of the house.
Adjourned to 2 Oclock P. M.
2 O'CLOCK P. M .- Received from the house of Representatives sev- eral Petitions, to wit, one from John Wheelock & Wm. H. Woodward,
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Governor and Council-October 1808.
agents of the Trustees of Dartmouth College & Moore's Charity school, relative to a suit instituted in the name of the State to repeal the Char- ter of Wheelock, with this order thereon: "In General Assembly Oct. 19, 1808, Read & Referred to Messs. Morris, Olin, W. Chamberlin, Cam- eron and Pratt, to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Lyon join the above Commitee of the house. Also, The Petition & Remonstrance of Elias Buell against the proceedings of the Militia stationed at Burling- ton, and praying relief. with this order thereon: "In General Assembly Oct. 19, 1808, Read & referred to Messs. Morris, Cameron & Rich, to join a Comme of the Council. Att. M. Post Clerk," and the same be- ing read, Resolved, That Mr. Willoby join the above Committee of the house. Also, one from Rufus Flint praying to be relieved from a mis- take in not recording his proceedings as Collector of the Cent Tax on Braintree, with this order thereon: "In General Assembly Oct. 19, 1808, Read and referred to to the joint Committee on the Petition of Caldwell Moore. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also, one from Asa Bulkley and others praying for the grant of a lottery for the purpose of erecting a Bridge over the Missisquoi River, with this order thereon: "In General Assembly Oct. 19, 1808, Read & referred to Mess. Water- man, Blodget & Going to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Dana join the above Committee of the house. Also, one from Benjamin Bell, for a ferry across Lake Champlain, with this order thereon: "In General Assembly Oct. 19, 1808, Read & referred to Messs. Bailey, Porter & Hol- den to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr Willoby join the above Com- mittee of the house.
On Motion of Mr. Lyon, Resolved, That he be discharged as a Com- mittee from the Council on the Petition of Asa Wheelock, and that Mr Keyes be appointed in his room.
Received from the house of Representatives, Petitions from the Towns of South Hero and Middle Hero, praying for the privilege of two Representatives in the General Assembly, with this order on each: " In General Assembly October 19th, 1808, Read & referred to the joint Com- mittee on the Petition of Asa Wheelock. 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 sundry Petitions, to wit, One from the heirs of Ebenezer Williams praying for a hearing before the Judge of Probate of Hartford District, with this order thereon: " In General Assembly Oct. 19, 1808, Read & Referred to Messs. P. Smith, Dewey & Norton, to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved, That, Mr. Chittenden join the above Comee of the house. One, from the Selectmen of the Town of Waterford, praying for an act, to legalize their town records, with this order thereon: "In General Assembly Oct. 19, 1808, Read & referred to Messs. Aldrich, Fisk & E. Walker to join a Come from the Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Langdon join the above Committee of the house. One, from Hugh Henry relative to the conduct of the Directors of the State Bank, with this order thereon: "In General Assembly Oct. 19, 1808, Read & referred to the joint Committee on the memorial of Jobn P. Williams. Att. M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. One, from Joseph Farrar, for relief on a Judgment in favor of the State against him, with this order
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Governor and Council-October 1808.
thereon: "In General Assembly Oct. 19, 1808, Read & 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.
Received from the house of Representatives sundry Petitions, to wit, One for a Land Tax on Duncansboro [Newport,] with this order thereon: "In General Assembly Oct. 19, 1808, Read & 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 refer- ence. Also, two for land Taxes on Lutterloch & Coventry, with this order on each: "In General Assembly Oct. 19, 1808, Read & Referred to the third joint land Tax Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said refer- ence. Also, one from Asa Bulkley praying compensation for appre- hending Samuel I. Mott, a murderer; one from Johnson Richardson, for payment of sundries furnished Capt. John Vincent, a Poor Indian; and one from Silas Alger [jr. ] & others for compensation, in apprehending Israel Everett, with this order on each: "In General Assembly Oct. 19, 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. Also, one from Silas Hathaway, for an act to suspend civil process against him for seven years, with this order thereon: "In General Assembly Oct. 19, 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. Also, Petitions for the grant of Turnpike roads from Burke to Canada line, from the mouth of the 1t. Branch of White River to Washington, and one for an additional toll to the Randolph Turnpike, with this order on each: "In General Assembly Oct. 19, 1808, Read & referred to the joint Turnpike Comee. Att. M. Post Clk." and the same being read, Resolved, To concur with the house in their said reference.
Adjourned to 9 O'clock Tomorrow morning.
THURSDAY 9 O'clock A. M.
The Council met pursuant to adjournment.
Received from the house of Representatives a remonstrance from the Inhabitants of Weathersfield against granting a Turnpike road from Springfield to Chester, with this order thereon: "In General Assembly Oct. 19, 1808, Read & referred to the joint Turnpike Committee. At- test 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 Stowe praying to have the division of lands in said town ratified, and a Petition from the Town of Lincoln for a Land Tax on Bristol, with this order on each: "In General Assembly Oct. 19, 180S. Read and referred to the first 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 an act to revive part of an act laying a tax on the Town of Navy [Charleston] and Randon [Brighton;] an act in addition to an act laying a tax of two cents per acre on the town of Stamford; and an act to revive an act laying a tax on Enosburgh Gore, with this order on cach: "In General Assembly Oct. 19, 1808, Read and referred to the second joint land Tax Commitee.
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Governor and Council-October 1808.
Att. M. Post Clk." and the same being read, Resolved, To concur with the house in their said reference.
The Committee to whom was referred the bill Entitled "an act altering the name of Elijah Stebbins Johnson to that of Lovwell Johnson," reported that the same ought to pass, which report was not accepted, and on motion of Mr. Langdon, Resolved, To nonconcur with the house in passing the same into a law, and Ordered, That Mr, Langdon inform the house of the reasons of the Governor & Council for such nonconcur- rence. The same bill was directly returned from the house of repre- sentatives, again passed, & sent up for revision and concurrence or proposals of amendment, and on motion, Resolved, To concur with the house in passing said bill into a law.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- Received from the house of Representatives the following message in writing: "In General Assembly Oct. 19, 1SOS, Resolved that this house concur with the Governor & Council in their proposed amendment to the resolution appointing a time for the election of a Senator, And the resolution appointing a time for the election of the Judges of the Supreme Court, And the resolution appointing a time for the Legislature to meet in County Conventions for the nomination of County officers, and in Joint Committee for the Election of such Officers. Extract from the Journals. Att. M. Post Clerk."
Mr. Hutchinson, from the house, informed the Governor and Council that the house of Representatives were now ready in their room to pro- ceed to ballot for a Senator to Congress, according to the concurrent resolution of both houses. Ordered, That the Secretary inform the house of Representatives that the Governor & Council are also ready in their Chamber to proceed to ballot for a Senator to Congress according to the concurrent resolution of both houses.
Resolved, That the Governor and Council do now proceed to ballot for some suitable person as Senator, to represent this State in the Con- gress of the United States for six years from and after the third day of March next, pursnant to the concurrent resolution of both houses. And the ballots being taken, sorted & counted, The Honble Daniel Chipman Esquire had a majority of all the votes and was declared duly elected on the part of the Council. Mr. Hutchinson, from the House of Represent- atives, informed the Governor and Council that the House had com- pleted balloting for a Senator &c. and were now ready to meet the Gov- ernor & Council in the Representatives' room for the purpose of com- paring nominations and proceeding agreeably to law. The Governor and Council accordingly proceeded to the Representatives' room, when the above proceedings of the Governor & Council were read by their Secretary, and also the proceedings of the House of Representatives as follows by their Clerk: "In General Assembly Oct. 20, 1808, Pursuant to the concurrent resolution of both houses of the 19th Instant, the Gen- eral Assembly proceeded to ballot for a person to represent this State in the Senate of the United States for six years from and after the third day of March next. The ballots being taken, sorted & counted, The Hon1. Jonathan Robinson Esqr. was duly elected on the part of the Gen- eral Assembly. Extract from the Journals, Attest M. Post Clerk." And it thereupon appearing that the two houses differed in their nomin- ations, both branches then proceeded in joint Committee to ballot for some suitable person as Senator as aforesaid. And the ballots being taken, sorted & counted, The Hon1. Jonathan Robinson Esquire had a majority of all the Votes and was declared duly elected. The Gover- nor & Council then met the house in joint Committee, pursuant to the
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