USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 28
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Governor and Council-October 1808.
concurrent resolution of both houses, for the purpose of electing Judges of the Supreme Court of Judicature & Court of Chancery for the year ensuing, and the ballots being taken, sorted & counted, The Hon1. Royall Tyler Esqr. was duly elected Chief Judge, and Hon1. Theophilus Herrenton [Harrington] & Jonas Galusha Esquires Side or Assistant Judges. The Governor & Council then returned to their Chamber.
The Hon1. Samuel Fletcher Esqr. appeared in the Council Chamber, signified his acceptance of the office of Councillor, to which he had been elected by the Freemen, took & subscribed the necessary oaths, and was admitted to a Seat.
Adjourned untill 9 o'clock Tomorrow morning.
ยท FRIDAY October 21t. 1808, 9 O'clk A. M.
The Council met pursuant to adjournment.
Pursuant to the concurrent resolution of both houses, the Governor and Council proceeded to the Representatives' room. and met the house in joint Committee to receive the nominations of County officers and make the appointments of the same, and also to elect a Surveyor Gen- eral, and having progressed in the same, the joint Committee was ad- journed nntill Wednesday morning next, at the opening of the house. 1
Received from the house of Representatives the Petition of Mitchell Corliss, praying for an act to suspend civil process against him for the term of seven years, and one from Wm. Champlin for an act to suspend civil process against him for five years, with this order on each: " In General Assembly Oct. 20, 1808, Read & referred to the joint Committee of suspension. Attest M. Post Clerk," and the same being read, Re- solved, 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 Kingston [Granville,] with this order thereon: "In General Assembly Oct. 20, 1808, Read and.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. Also, One for establishing a branch of the State Bank at St. Albans, with this order thereon: "In General Assembly Oct. 20, 1808, Read and referred to the joint Committee on the bill in addition to an act establishing the State Bank. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also, one from Jacob Davis, for relief in his proceedings as Collector of a land tax, with this order thereon: "In General Assembly Oct. 20, 1808, Read and referred 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 sundry Inhabitants of Richmond for an alteration in the Winooski Turnpike Road: One for a Turnpike road from Shoreham to Burlington; an act in addition to and alteration of an act establishing the Windham Turnpike Company &c .; and an act in addition to and alteration of an act supplementary to an act incorporating certain persons by the name of the Weathersfield Turnpike Company, with this order on each: " In General Assembly Oct. 20, 1SOS, Read and 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. Also, The Petition of John Taphn for relief in a certain case therein mentioned; the Petition of Daniel Peasley for relief as Collector of Tunbridge Gore, and a Petition from
1 Joseph Beeman jr. was elected Surveyor General.
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Governor and. Council-October 1808.
Thomas Gustin, for payment for loss of land bought of Thomas Chand- ler, Commissioner for the sale of confiscated Estates, with this order on each: "In General Assembly Oct. 20, 1808, Read and referred to the joint Committee of Claims. Attest M. Post Clerk," and the same be- ing read, Resolved, To coneur with the house in their said reference.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- Received from the house of Representatives sun- dry Petitions, to wit, The Petition of Samuel Frizzle, praying compen- sation for arresting certain counterfeiters, with this order thereon: "In General Assembly Oct. 20, 1808, Read & referred to Messs. P. Smith, Griswold & T. Hutchinson, to join a Committee from the Council, to take into consideration the propriety of passing a General act on the subject. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Fletcher join the above Committee of the house. Also, the Petition of William Trotter for legislative aid in erecting a Cotton & Woolen manufactory, with this order thereon: "In General Assembly . Oct. 20, 1808, Read and referred to joint Committee on the Petition of Thos. Todd & Son. Attest M. Post Clerk," and, the same being read. Resolved, To concur with the house in their said reference. Also, the Petition of David Ormsby & Gideon Ormsby for a new trial in the case of Samuel Hitchcock and others against Jona. Ormsby deceased, with this order thereon: "In General Assembly Oet. 20, 1808, Read and re- ferred to Messs. T. Hutchinson, Hunter & Flagg, to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Buckingham join the above Committee of the house.
Received from the house of Representatives sundry Petitions, to wit, The Petitions of the Inhabitants of Bradford, relative to the jurisdic- tional line of said town, with this order thereon: " In General Assem- bly Oct. 20, 1808, Read and referred, together with all the enclosed and accompanying Papers, to Mess8. Barney and Luce to join a Committee from the Council. Attest M. Post Clerk," and the same being read. Resolved, That Mr. Fletcher & Mr. Hatch join said Come of the house. Also, The Petition of Bradley & Moses Wilson for a relief on a recog- nizance by them entered into, with this order thereon: " In General As- sembly Oct. 21, 1808, Called up & 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, The Petition of Benja. Broek, for relief as first Constable of New- bury, against the land Tax of last session, with this order thereon: "In General Assembly Oct. 21, 1808, Read and Referred to the joint Com- mittee 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. Also, The Petition of Benja. Brock, First Constable of Newbury, for relief against a mistake of the Grand list of said Town of 1807, with this order thereon: "In Gent. Assembly Oct. 21, 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, The Petition of the Inhabitants of Middlebury falls, for the Incorporation of a Fire Company, with this order thereon: " In General Assembly Oct. 21, 1808, Read & referred to Messs. Fergu- son, Hoyt & Shepard to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved That Mr. Fletcher join the above Committee of the house. Also, The Petition of the Waltham Turnpike Company for an alteration in said road, with this order thereon: "In General Assembly Oct. 21, 1808, Read & referred to the
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Governor and Council-October 1808.
joint Turnpike Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also, the Petition of Israel Grosvenor, praying compensation for time em- ployed in detecting counterfeiters, with this order thereon: "In General Assembly Oct. 21, 1808, Read & referred to the joint Committee on the Petition of Samuel Frizzle. Attest M. Post Clerk," and the same be- ing read, Resolved, To concur with the house in their said reference.
IN COUNCIL, at Montpelier, October 21, 1808.
Present His Honor Paul Brigham Esqr. Lt. Governor; Of the Council, The Honble. Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon Miller, Zerah Willoby, Asa Lyon, Samuel Fletcher, Reuben Hatch, Jed. P. Buckingham, Daniel Dana, John Elsworth & Noah Chittenden, Esqrs. William Page Junr. Secy. Jos. Armington Sheriff. The Lt. Gov- ernor & Council took under consideration the Petition of Abel Platt of Rutland, stating That at the Supreme Court of Judicature, begun & holden at Rutland, within & for the County of Rutland on the Tuesday next following the Fourth Tuesday of January A. D. 1808, he was in- dicted and convicted of the crime of counterfeiting Bank Bills, and was sentenced to be whipped thirty nine stripes, and pay a fine of ten dol- lars with costs of prosecution, that the sd. whipping has been inflicted, and the sd. fine and costs secured, that the sd. Petitioner is allmost wholly destitute of property, is fifty seven years old, has an infirm wife and five small children, and praying that the only stain upon his hith- erto fair reputation may be removed, and that this Honorable body would pardon the disabilities consequent to the aforesd conviction and infamous Punishment. And after hearing evidence on the part of said Petitioner and Counsel in his behalf, on motion of Mr. Langdon, Or- dered, That the further consideration of the foregoing Petition be re- ferred to the next session of the Governor & Council.
Adjourned to 9 O'clock Tomorrow morning.
SATURDAY, October 22nd, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
Received from the house of Representatives sundry Petitions, to wit, A Petition from the town of Barton for a land tax on said Town, with this order thereon: "In General Assembly Oct. 21, 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, the Petition of Silas Remington to be restored to his law, with this order thereon: "In General Assembly Oct. 21 1808, Read and referred to Messs. Galusha, Danforth & Graves to join a Com-
mittee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Buckingham join the above Committee of the honse. Also, The Petition of the town of Barton for a right of land granted to John Paul Jones,1 with this order thereon: "In General Assembly Oct. 21, 1808. Read and referred to Messs. Barney, Camp- bell, & R. Parker to join a Committee from Council. Attest M. Post Clerk." and the same being read, Resolved, That Mr. Fletcher join the above Committee of the house.
Received from the house of Representatives an act directing the Treasurer to pay Benja. Miner Jur. the sum therein mentioned, with this order thereon: "In General Assembly Oct. 21, 1808. This bill was brought in on motion & leave of Mr. Rich, 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.
1 Not the admiral, but a Scotchman of Rhode Island.
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Governor and Council-October 1808.
Received from the house an account in favor of Joseph Edson against the State, with this order thereon: "In General Assembly Oct. 21. 1808. Read & referred to the joint Committee on the Petition of Sam1 Frizzle. 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, The Petition of John McMurphy, praying for an act freeing his body from arrest for the term of five years, with this order thereon: "In General Assembly, Oct. 21, 1808. Read and referred to the joint Com- mittee of suspension. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also The Petition of John B. Catlin & Wm. Fuller for an alteration in the Fair- haven Turnpike road, with this order theron: "In General Assembly Oct. 21, 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, the Petition of E. Beards- ley & E. Hatch for the exclusive privilege of keeping a ferry from Middle Hero to North Hero, with this order thercon: "In General Assembly Oct. 21, 1808. Read & Referred to the joint Committee on the Petition of Benja. Bell. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference.
IN COUNCIL, at Montpelier, October 22, 1808.
Present, His Honor Paul Brigham, Esqr. Lt. Governor; Of the Council, The Honble. Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon Miller, Zerah Willoby, Asa Lyon, Samuel Fletcher, Reuben Hatch, Jed. P. Buckingham, Daniel Dana, and Noah Chittenden, Esquires. Wil- liam Page, Junr. Secretary, Jos. Armington, Sheriff. The Lt. Governor and Council took under consideration the Petition of Beniah Wood- ward, stating that at an adjourned term of the Supreme Court of Judica- ture begun & held at Woodstock, within & for the County of Windsor on the - day of September A. D. 1807, the said Petitioner was tried & convicted on an indictment for passing counterfeit Bank Bills, and was then and there sentenced by said Court among other things to be whipped on the naked back thirty nine stripes, to be imprisoned two years, pay a fine of ten dollars, together with costs of prosecution taxed at $36.87, and stand committed untill sentence be complied with; that the corporeal part of said punishment has been inflicted upon said Peti- tioner, that by repeated misfortunes he is reduced to indigent circum- stances, that his health is much impaired by long confinement, that his wife is infirm and unable to support herself, that his aged Parents are poor and unable to support themselves, and must together with his wife & children be chargeable to Society, unless the said Petitioner is liberated from confinement; that the sd. Petitioner, being seduced by evil minded men, had just commenced the nefarious traffic for which he now suffers, and that in the whole course of his life he had never passed more than fifteen dollars of counterfeit money; and Praying this Honor- abie body to take his case into their merciful consideration, and grant him relief, by remitting and pardoning the remainder of his said impris- onment, together with the fine & cost aforesaid. And, on the question, shall the remainder of the imprisonment, imposed as aforesd, by the Court aforesd, on the sd Beniah Woodward, be pardoned & remitted, The Yeas & nays being required, were as follows, Yea, Mr. Willoby-1. Nays. Mr. Keyes, Mr. Langdon, Mr. Chipman, Mr. Miller, Mr. Lyon, Mr. Fletcher, Mr. Hatch, Mr. Buckingham, Mr. Dana & Mr. Chittenden-10. Whereupon after hearing evidence on the Part of the said Petitioner and Counsel in his behalf and mature deliberation being had thereupon,
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Governor and Council-October 1808.
It is Ordered and Adjudged, That the remainder of the imprisonment aforesd, imposed by the Court aforesd, on the sd Beniah Woodward be not pardoned & remitted, and on Motion, It is further Ordered, That the said Petitioner have leave to withdraw his Petition.
Adjourned to 2 Oclock P. M.
2 O'CLOCK P. M .- An Engrossed Bill, passed in the house of Repre- sentatives, Entitled An act to suspend civil process against George Sturtevant for the term of five years, was sent up for revison and con- currence or proposals of amendment, and the same being read, Re- solved, To coneur with the house in passing said bill into a law.
Received from the house of Representatives sundry Petitions, to wit, The Petition of John Scott & Wm. Spencer for an act of Insolvency, with this order thereon: "In General Assembly Oct. 22, 1808, Read & referred to Messs. Ormsbee, A. Robinson & W. Child, to join a Com- mittee from the Council. Attest M. Post Clerk," and the same being read Resolved, That Mr. Miller join the above Committee of the house. Also, The Petition of Aaron Porter and others. for the grant of a Turn- pike Road from Danville Court House to the House of P. Dow in Rye- gate, with this order thereon: "In General Assembly Oct. 22, 1808, Read & referred to the joint Turnpike Committee. Attest M. Post Clerk," and the same being read, Resolved, To coneur with the house in their said reference. Also, The Petition of Aaron Porter and others, for a Branch of the State Bank at Danville, with this order thereon: "In General Assembly Octr. 22. 1808, Read & referred to the joint Com- mittee on the bill in addition to an act establishing a State Bank. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference. Also, the Petition of Freeman Vining, and the Petition of James Bangs, both praying for compensa- tion in apprehending Counterfeiters, with this order on each: "In Gen- eral Assembly Octr. 22, 1808, Read and referred to the joint Committee, on the Petition of Sam1. Frizzle. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference.
Adjourned untill 9 Oclock Monday morning.
MONDAY, October 24th, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment, and Adjourned. untill 2 O'clock P. M.
2 O'CLOCK P. M .- Received from the house of Representatives the following resolution: "In General Assembly Oct. 22, 1808. Resolved that that part of the Governor's speech relating to organizing & Gov- erning the Militia be referred to a Committee of three, to join a Com- mittee from the Council. Members chosen from the house. Messs. Morris, Cahoon & Norton. Extract from the Journals, Attest M. Post Clerk," and the same being read. Resolved, That Mr. Fletcher join the above Committee of the house. Also, this resolution: "In General Assembly Oct. 22, 1808. Whereas some deficiency is supposed to exist in the Militia laws of this State, relating to the governing part thereof, Therefore resolved, That a Committee of three members be appointed from this house to take into consideration the several laws of this State regulating & governing the Militia thereof, to see if any & what altera- tions ought to be made therein, & make report of the same to this house. Introduced by Mr. Norton, read & referred to the joint Committee on that part of the Governor's speech relating to the Militia. Extract
14
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Governor and Council-October 1808.
from the Journals, 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 accounts in favor of Dan1. Peaslee and others against the State for services rendered in appre- hending Counterfeiters, with this order thereon: "In General Assembly Oct. 22, 1808. The enclosed accounts were referred to the joint Com- mittee on the Petition of Sam1. Frizzle. Att. 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 President & Directors of the Hubbardton Turnpike Company, praying that the toll on pleasure carriages may be lowered, with this order thereon: "In General Assembly Oct. 22, 180S. Read & referred to Messs. Rich, Fisk & Crowley to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Langdon join the above Come from the house.
Received as above the following resolution: "In General Assembly Oct. 22, 1808. Resolved that his Excellency the Governor, by and with the advice of Council, be requested to appoint Thursday the eighth day of December next to be observed as a day of public Thanksgiving and praise throughout this State. Extract from the Journals, Attest M. Post Clerk," and the same being read, Resolved, That the Council advise his Excellency to issue his Proclamation accordingly.
Received from the house of Representatives the Petition of Elihu Smith and others for a division of the town of Huntsburgh [Franklin,] with this order thereon: "In General Assembly Oct. 24, 180S. Read and referred to Messs. Hubbard, J. Clapp & Willoughby to join a Com- mittee from the Council. Attest M. Post Clk." and the same being read, Resolved, That Mr.Willoby join the above Committee.
Adjourned to 9 O'clock Tomorrow morning.
TUESDAY October 25th, 1808, 9 Oclock A. M.
The Council met pursuant to adjournment.
Received again from the house of Representatives the Petition of Mary Giles, with this new order thereon: "In General Assembly Oct. 24, 1808. Report read and accepted. Vote reconsidered & the Petition recommitted to the same joint Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said recommittment.
Received from the house of Representatives a bill referred from the last session of the Legislature Entitled an act granting relief to Stephen Woodward, with this order thereon: "In General Assembly Oct. 24, 1808. Read and 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.
An Engrossed bill, passed in the House of Representatives, Entitled an act in addition to and alteration of an act laying a tax of three cents per acre on the Township of Montgomery & three cents per acre on Avery's Grant, was sent up for revision & concurrence or proposals of amendment, and the same being read, Resolved, To concur with the house in passing said bill into a law.
Received from the house an account in favor of Joseph Beeman Jr. Surveyor General against the State, with this order thereon: "In Gen- eral Assembly Oct. 24, 1808. Read & referred to the joint Committee
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Governor and Council-October 1808.
of Claims. Attest M. Post Clk." and the same being read, Resolved, To concur with the house in their said reference.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- An Engrossed bill, passed in the house of Repre- sentatives, Entitled An act to free the body of William Champlin from arrest and imprisonment on civil process for the term of four years was sent up for revision &c. & being read, Resolved, To concur with the house in passing said bill into a law.
Adjourned to 9 O clock Tomorrow morning.
WEDNESDAY, [Oct. 26, 1808,] 9 O'clock A. M.
The Council met pursuant to adjournment.
An Engrossed bill, passed in the house of Representatives, Entitled "An act granting a reprieve to Cyrus B. Dean," was sent up for revision and concurrence or proposals of amendment, and the same being read, Ordered, That the same be referred to Messs. Chipman & Langdon.
The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment: "An act altering the names of Samuel Hogg, Thomas Hogg, Robert Hogg and John Hogg," and "An act directing the Treasurer to credit the town of Monkton the sum of seven dollars & thirty two cents," and the same being severally read and considered, Resolved, To concur with the house in passing the same into laws.
Received from the house of Representatives the Petition of Joseph Armington, Sheriff of Caledonia County, praying remuneration for the payment of several sums of money advanced on account of several State prisoners, with this order thereon: "In General Assembly Octr. 25, 1808, Read and 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 a bill Entitled "An act to revive an act laying a Tax on the town of Readsboro'," with this order thereon: "In General Assembly Oct. 25, 1808, This bill was brought in, on motion and leave by Mr. Bailey, and referred to the second joint land Tax 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 sundry Inhabitants of Sherburne, praying relief against a road Tax granted last session of the Legislature, with this order thereon: " In General Assem- bly Oct. 24, 1808, read and referred to Messs. Crowley, Taber & J. Leach, to join a Committee from the Council. Attest M. Post Clk." and the same being read, Resolved, That Mr. Keyes join the above Committee from the house.
Received from the house of Representatives the Petition of Jos. Bar- nett and others, praying for the grant of a Turnpike road from Newbury to Craig's Mills, with this order thereon: "In General Assembly Octr. 25, 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.
Pursuant to adjournment, the Governor and Council proceeded to the Representatives' room and met the house in joint Committee for the purpose of compleating the elections of County officers for the year en- suing, and having made progress therein, the joint Committee was adjourned untill Friday next, at ten O'clock A. M. The Governor and Council returned to their Chamber and Adjourned untill 2 O'clock P. M.
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