USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 29
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212
Governor and Council-October 1808.
2 O'CLOCK P. M .- The Honble. Royall Tyler appeared in the Council chamber and took the necessary oaths as Chief Judge of the Supreme Court of Judicature & Court of Chancery for the year ensuing.
Received from the house of Representatives a bill entitled An act establishing a Corporation by the name of the Vergennes and Willsboro [N. Y.] Turnpike Company, with this order thereon: " In General As- sembly Octr. 26, 1808, Read and recommitted to the joint Turnpike Com- mittee for the purpose of filling the blanks. Attest M. Post Clk." and the sd order being read, Resolved, To concur with the house in said re- committment.
The Committee appointed on the bill Entitled "An act granting a reprieve to Cyrus B. Dean," reported that the same ought to pass with sundry amendments. On Motion, Mr. Amos Marsh & Mr. Bates Turner were admitted and heard as counsel on the part of said Dean. The yeas & nays being required on the passage of said bill, with the amend- ments proposed, were as follows: Yeas, Mr. Langdon, Mr. Miller, Mr. Willoby, Mr. Fletcher, Mr. Dana & Mr. Elsworth-6; Nays, Mr. Brigham, Mr. Keyes, Mr. Chipman, Mr. Lyon, Mr. Hatch, Mr. Buckingham & Mr. Chittenden-7 : so the sd bill was nonconcurred as amended, and on motion, Ordered, That the same lie on the table untill tomorrow morn- ing.
Adjourned untill 9 O'clock Tomorrow morning.
THURSDAY October 27th, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Governor & Council again took under consideration the bill Entitled "an act granting a reprieve to Cyrus B. Dean," and being read was amended, and on the question of concurrence as amended, the yeas and nays being required, were as follows, to wit: Yeas, Mr. Brigham, Mr. Keyes, Mr. Miller, Mr. Willoby, Mr. Hatch, Mr. Fletcher & Mr. Buckingham-7; Nays, Mr. Langdon, Mr. Chipman, Mr. Lyon, Mr. Dana, Mr. Elsworth & Mr. Chittenden-6: whercupon Resolved, To concur with the house in passing said bill into a Law, with these proposals of amendment: "In the 1st Section, 5th line, erase the words "last Friday of February," and insert "second Friday of November;" erase from the word "next" in the 5th line of same section to the word "and" in the 15th line, and insert in lieu thereof, "and on the said second Friday of No- vember between the hours of ten in the forenoon and three in the after- noon of said day, the said Sheriff of Chittenden County for the time being, or the High Bailiff, acting as such, shall proceed in the Execution of said warrant, in the same manner as would have been his duty to have done, in case the time of executing said warrant had not been altered or suspended by this act." In the 2d Section, erase in the 8th & 13th lines the words " said Sheriff" and insert the words " Sheriff of said Chittenden County for the time being, or the High-Bailiff acting as such." Ordered, That Govr. Brigham acquaint the house with the reasons of Council in proposing said amendments. 1
1 Dean was one of the party on the smuggling vessel " Black Snake," and had been convicted, in the supreme court, of the murder of Jona- than Ormsbee and Asa Marsh, who were of the custom-house force, for which he had been sentenced to be hung on the 28th of October 1808. The act reprieved him until the 11th of the succeeding November, when he was executed at Burlington.
213
Governor and Council-October 1808.
Received again from the house of Representatives the Petition of N. Fletcher Jr. & Lewis Pratt, with this new order thereon: "In General Assembly Octr. 26th, 1808, recommitted with the bill accompanying to the former joint Committee. Attest M. Post Clerk," and the said order being read, Resolved To concur with the house in their said recommittment.
Received again from the house of Representatives, the Petitions of Enos Silsbee, of Joseph Armington, of Asa Bulkley, and of Silas Alger Jur. & others, with this new order on each: " In General Assembly Octr. 26, 1808, Received from the Committee of claims and referred to the joint Committee on the Petition of Sam1. Frizzle. Attest M. Post Clerk," and the said order being read, Resolved, To concur with the house in their said reference.
Received from the house of Representatives the Petition of William Chamberlin & others, and a Petition for the grant of a Turnpike road from Craig's mills to Connecticut River, with this order thereon: "In General Assembly Octr. 26th, 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.
The following written message was received from the house of Repre- sentatives: "In General Assembly Octr. 27. 1808. Resolved, That the house concur with the Governor & Council in their proposed amend- ments to the bill entitled "An act granting a reprieve to Cyrus B. Dean." and the bill has become a law. Attest Martin Post Clerk."
"IN COUNCIL, at Montpelier, Octr. 27, 1808. Present His Excellency Isaac Tichenor Esquire Governor; His Honor Paul Brigham Esquire Lt. Governor; Of the Council, The Honle Elias Keyes, Daniel Chipman, Chauncey Langdon, Asa Lyon, Zerah Willoby, Samuel Fletcher, Reu- ben Hatch, Jedediah P. Buckingham, Samuel Miller, Daniel Dana, John Elsworth and Noah Chittenden Esquires. William Page Junr. Secre- tary. The Governor & Council took under consideration the Petition of David Sheffield, stating that at the session of the Supreme Court of Judicature, specially holden at Burlington within & for the County of Chittenden on the 23ยช day of August last, he was convicted of the crime of manslaughter, and that he now remains in confinement, to bear the sentence of the law, and praying that the Governor & Council would most graciously pardon his said offence-and after hearing the Counsel in behalf of the said Petitioner, it was Ordered, unanimously, that the said Petition be dismissed.1
Adjourned untill 2 O'clock P. M.
2 O'CLOCK P. M .- An Engrossed Bill. passed in the house of Repre- sentatives, Entitled "An act extending the time of the collection of the Cent Tax in the town of Woodford," was sent up for revision and con- currence or proposals of amendment, and the same being read, Ordered, That it be referred to Mr. Miller.
The following Engrossed bills, past in the house of Representatives, were sent up for revision &c. viz. "An act for the benefit of the Over- seers of the Poor of the Town of Grafton," and " An act in addition to and in alteration of an act incorporating certain persons therein named by the name of the Weathersfield Turnpike Company," and the same being severally read, Resolved, To concur with the house in passing them into Laws.
On motion, Mr. Chipman obtained leave to introduce a bill Entitled " an act in addition to an act Entitled an act appointing a Committee to
1Sheffield was one of the crew of the smuggling vessel "Black Snake."
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Governor and Council-October 1808.
lay out and survey the road therein mentioned, passed Nov. 7, 1807," and the same being read and considered, Resolved, That the same do pass, and Ordered that the same be engrossed and sent to the General Assembly for their concurrence.
Received again from the house of Representatives a Petition from the Inhabitants of Pittsfield with this new order thereon: "In General Assembly Octr. 27, 1808, recommitted to the first joint land Tax Comee. Attest M. Post Clerk," and the sd order being read, Resolved, To concur with the house in their said recommitment. On motion, Mr. Chipman obtained leave to introduce a bill Entitled "an act in addition to and amendment of an act Entitled an act to repeal a certain act and parts of an act therein mentioned, passed Octr. 24th, 1807," and the same being read, Resolved, That the same be referred to Mr. Chipmau to join a Committee from the General Assembly.
Adjourned untill 9 O'clock Tomorrow morning.
FRIDAY, October 28th, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
A bill, passed in the house of Representatives, Entitled "An act granting certain privileges to the Waltham Turnpike Company," was sent up for revision &c. read & Resolved, To concur with the house in passing said bill into a law.
Received from the house of Representatives An act reviving an act laying a tax of three cents per acre on the town of Huntsburgh [Frank- lin.] with this order thereon: "In General Assembly Octr. 27, 1S08, This bill was brot in on motion & leave by Mr. Hubbard, read and referred to the third joint land tax Committee. 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 "an act directing the Treasurer to credit Josiah Burton, first constable of Manchester, the sum therein mentioned," with this order thereon :- "In Gen' Assembly Octr. 27, 1808, This bill was brought in on motion & leave by Mr. Pratt, 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 "an act relating to a land tax on Middlesex," with this order thereon: "In General Assembly Octr. 27, 1808. This bill was brought in, on motion & leave by Mr. Put- nam, read & 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.
On Motion, Mr. Langdon obtained leave of absence untill Wednesday morning of next week.
Adjourned to 2 O'elk P. M.
2 O'CLOCK P. M .- Received from the house of Representatives the following resolution: "In General Assembly Oct. 28, 1808. Resolved, That this House do concur with the Governor & Council in passing into a law the bill Entitled "An act in addition to an act Entitled an act appointing a Committee to lay out and survey the road therein men- tioned, passed Nov. 7, 1807." Attest M. Post Clerk."
Received from the house of Representatives "an act directing the Treasurer to pay Daniel Oatman the sum therein mentioned," also " an act directing the Treasurer to pay the sums therein mentioned," with this order on each: "In General Assembly Octr. 28, 1808. Read and
215
Governor and Council-October 1808.
referred to Messs. Pratt, Otis & E. Walker to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Resolved, That Mr. Elsworth join the above Committee from the house.
Received from the house of Representatives the account of Caleb Fisk, referred to the General Assembly by the auditor of accounts against the State, with this order of the house thereon: "In General Assembly Octr. 28, 1808. Read and referred to the joint Committee on the Petition of Samuel Frizzle. Mess. Griswold and T. Hutchinson ex- cused from said Committee and Mess. Denison & Holden appointed in their room. Attt. M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference.
Adjourned untill 9 O'clock Tomorrow morning.
SATURDAY October 29, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
Received again from the house of Representatives the Petition of Si- las Remington, with this new order thereon: "In General Assembly Octr. 28, 1808. Report read & rejected, and on motion ordered that the Peti- tion be recommitted to the former joint Committee, and the Committee directed to report whether it be proper to pass an act allowing the Petitioner the poor debtor's oath. Attest M. Post Clerk," and the same being read, Resolved. To concur with the house in said recommittment.
The following Engrossed bills, passed in the house of Representa- tives, were sent up for revision &c. viz. "An act to revive and continue an act Entitled an act laying a tax of one cent & five mills per acre on Enosburghi Gore, passed Octr. 26, 1807," "An act in addition to an act laying a tax of two cents per acre on the town of Stamford, passed Oct. 26, 1807," and "An act to discharge Nathan Fletcher Jur. & Lewis Pratt from the payment of a sum of money therein mentioned," and the same being severally read, Resolved, To concur with the house in passing said bills into laws.
On Motion, Ordered, That Govr. Brigham join the Committee of Sus- pension, in the room of Mr. Langdon absent on leave.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- There being no business before the Governor and Council, Adjourned untill 9 O'clk Monday morning.
MONDAY October 31, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following Engrossed bills, passed in the house of Representa- tives, were sent up for revision and concurrence or proposals of amend- ment, viz. "An act directing the Treasurer to pay the first Constable of Athens the sum therein mentioned," " An act directing the Treasurer to credit Joshua Barron Junr. first constable of the Town of Bradford, the sum therein mentioned." "An act to revive an act Entitled an act laying a Tax on the town of Readsboro', passed Octr. 20, 1807," and "An act in addition to an act constituting and appointing a Company of Vol- unteers in Dummerston," and the same being severally read & consid- ered, Resolved To concur with the house in passing them into laws.
An Engrossed bill, passed in the house of Representatives, Entitled " An act directing the Treasurer to pay Malachi Wittum & Witherell Wittum the sum therein mentioned," was sent up for revision &c. and the same being read, Ordered, That it be referred to Mr. Lyon.
216
Governor and Council-November 1808.
On motion, Mr- Keyes obtained leave to introduce a bill Entitled "An act to repeal an act Entitled an act laying a tax of two cents per acre on the Township of Pittsfield, passed Nov. 5, 1807," and the same being read, Ordered, That it be referred to Gov. Brigham, to join a Commit- tee from the house.
Received from the house of Representatives a bill Entitled " an act to revive an act laying a tax of three cents per acre on the town of Hop- kinville" [Kirby. ] with this order thereon: " In General Assembly Octr. 29, 1808, This bill was brot in on motion & leave by Mr. Fyler, read and referred to the third joint land tax Committee. Attest M. Post Clk." and the same being read, Resolved, To concur 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 A bill Entitled an act to repeal an act therein mentioned, with this order thereon: "In General Assembly Octr. 31t, 1808, This bill was brot in on motion & leave by Mr. J. Fuller, read & referred to the'joint Committee on the Petition of sundry Inhabitants of Sherburne. Attest M. Post Clk," and the same being read, Resolved, To concur with the house in their said reference.
Adjourned untill 9 O'clock Tomorrow morning.
TUESDAY November 1t, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
Received from the house of Representatives An act to revive an act laying a Tax on Duxbury, with this order thereon: " In General As- sembly Octr. 31st, 1808, This bill was brot in on motion & leave by Mr. Corse. read & referred to the first joint land tax Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house iu their said reference.
Received from the house of Representatives the petition of David Richardson, for a new trial, with this order thereon: " In General As- sembly Oetr. 31, 1SOS, Read & Referred to the joint Committee on 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 a bill EntId An act to revive an act laying a tax of three cents per acre on the town of Concord, with this order thereon: "In General Assembly Octr. 31t, 180S, This bill was brot in on motion and leave by Mr. Wetherbee, read and 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.
Received from the house of Representatives an Old Treasurer's note with this order thereon: "In General Assembly Octr. 31, 180S, Referred to the joint Committee on Claims. Attest M. Post Clerk," and the sd order being read, Resolved, To nonconcur with the house in said refer- ence, and Ordered That Mr. Chipmau inform the house of the reasons of the Governor & Council for such nonconcurrence.
The Committee on the bill Entitled "An act directing the Treasurer to pay Malachi Wittum & Witherell Wittum the sum therein men- tioned," reported that said bill ought not to pass, and after hearing the Petitioners in support of their claim, Resolved, To nonconcur with the house in passing said bill into a law, for the following reasons: For that the sd Petitioners having been called on, & having appeared have pro- duced no evidence to prove the facts on which they have founded their
217
Governor and Council-November 1808.
claim against the state. And for that if the Facts were true as stated by the Petitioners, yet no legal or equitable claim against the state could be thereon predicated. And for that the Legislature ought not, in consideration of the Petitioners' indigent circumstances alone, to grant them any sum of money whatever.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- Received from the house of Representatives a bill Entitled an act in behalf of the first constables of North & South Hero with this order thereon: "In General Assembly Nov. 1, 1808. This bill was brot in on motion & leave by Mr. G. Robinson, read & referred to Messs. G. Robinson, Lyon & Kimball to join a Committee from the Council. Attest M. Post Clk." and the same being read, Ordered, That Mr. Buckingham join the above Come of the house.
The following Engrossed bills, passed in the house of Representatives, were sent up for revision & concurrence or proposals of amendment, viz. "An act to enable the Inhabitants of the third school district in Burlington. and South Eastern school district in Colchester, to unite their schools;" "An act to revive an act laying a tax of three cents per acre on Huntsburgh, passed the 29th Day of Octr. A. D. 1807;" "An act to revive an act Entitled an act laying a tax of three cents per acre on the town of Ludlow, passed Oct. 27th 1807:" "An act in addition to an act Entitled an act to revive a land tax on the town of Middlesex. passed Octr. 27, 1807," and " An act directing the Treasurer to pay the sums therein mentioned," and being severally read & considered, Resolved To concur with the house in passing them respectively into laws.
IN COUNCIL, at Montpelier. Nov. 1, 1808. Present, His Excellency Isaac Tichenor Esquire Governor; His Honor Paul Brigham Esquire, Lt Governor; of the Council, The Honble Daniel Chipman, Solomon Miller. Asa Lyon, Zerah Willoby, Samuel Fletcher, Reuben Hatch, Jed. P. Buckingham, Daniel Dana, John Elsworth and Noah Chittenden Esquires: William Page Jun' Secy. The Governor & Council took under consideration the Petition of James Perry of Plymouth in the County of Windsor, stating that at the Supreme Court of Judicature holden at Woodstock within & for the County of Windsor on the third Tuesday of August A. D. 1802, he was indicted for the crime of perjury, in taking the oath prescribed by law for insolvent debtors, and was convicted on said indictment, and praying that the Governor & Council would so far pardon him the said James for the crime aforesd as to restore him to the priviledge of giving testimony under oath in Courts of law; and, after evidence in support of said Petition, Ordered; That the same lie on the table.
Adjourned untill 9 O'clock Tomorrow morning.
WEDNESDAY, November 2, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
The following bills passed in the house of Representatives were sent up for revision & concurrence or proposals of amendment, viz. "An act directing the Treasurer of the State to pay the first Constable of New- bury the sum therein mentioned;" "An act directing the Treasurer to pay to Enos Silsbee the sum therein mentioned," and, "An act directing the Treasurer of this state to pay to Joseph Armington the sum therein mentioned," and the said bills being severally read and considered, Re- solved, To concur with the house in passing them respectively into laws.
Received from the house of Representatives an act directing the Sur- veyor General to survey and establish certain town lines, with this order
218
Governor and Council-November 1808.
thereon: "In General Assembly Nov. 1, 1808. This bill was brot in on motion and leave by Mr. Eddy, read & referred to Messs. Potter, Durfey & Ormsbee, to join a Committee from the Council. Att. M. Post Clk." and the same being read, Ordered, That Mr. Miller join the above Com- mittee of the house.
Received from the house of Representatives a bill Entitled An act directing an endorsement on a certain note payable to the State's Treas- urer, with this order thereon: "In Gen1. Assembly Nov. 1, 180S. This bill was brot in on motion & leave by Mr. Brown, 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.
The following Engrossed bills, passed in the house of Representatives, were sent up for revision &c. viz. "An act granting to Heman Allen the exclusive privilege of building a toll Bridge across Missisquoi River," and "An aet granting to Joseph Robinson and others the ex- elusive privilege of building a toll bridge over Missisquoi River in Swanton," and the same being read. Ordered, That they be referred to Mr. Chipman to report amendments.
The Committee on the bill Entitled "An aet extending the time of the collection of the cent tax in Woodford" reported that the same ought to pass without amendment, whereupon Resolved, To concur with the house in passing said bill into a law.
Received from the house of Representatives a bill Entitled "an act to revive an act assessing a Tax on the town of Hardwick," and "an act reviving an act laying a tax of three cents per acre on the town of More- town," with this order on each: "In General Assembly Nov. 2, 1808. Brought in on leave and referred to the third joint land tax Committee. 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 accounts in favor of Harry Hale & William Farrar against the State, referred from the Auditor of Accounts against the State to the General Assembly, with this order on each : "In General Assembly Nov. 2, 180S, Read and Re- ferred to the joint Committee on the Petition of Samuel Frizzle. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference.
On motion, Ordered, That Mr. Chittenden join the Turnpike Com- mittee on the part of the Council, in the room of Mr. Keyes.
Adjourn'd to 2 O'clock P. M.
2 O'CLOCK P. M .- Received from the house of Representatives the Petition of Royall Crafts for the payment of an old state note, with this order thereon: "In General Assembly Nov. 2, 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 again from the house of Representatives the Petition of Benja. Brock, with this new order thereon: "In General Assembly Nov. 2. 1808. Report read and accepted and Petition recommitted to former joint Committee, with directions that the Committee report a bill on the subject contained in the Petition. Attest M. Post Clerk," and the said report & order being read, Resolved, To concur with the house in their said recommittment.
The following Engrossed bill, passed in the house of Representatives, Entitled, "An aet establishing a Corporation by the name of the Wind- sor acqueduet Company &c." was sent up for revision &c. & being read, Ordered, That the same be referred to Mr. Buckingham & Mr. Hatch.
Adjourned untill 9 O'clock Tomorrow morning.
219
Governor and Council-November 1808.
THURSDAY [Nov. 3, 1808,] 9 O'clock A. M. The Council met pursuant to adjournment.
The following resolution was reed from the house of Representatives: " In General Assembly Octr. 31, 1808, Resolved, the Governor & Coun- cil concurring herein, that both houses meet in joint Committee in the Representatives' room at eleven O'clock in the forenoon on Friday next, for the purpose of choosing Electors of President & Vice President of the United States. Extract from the Journals, Attest M. Post Clerk." and the same being read, Resolved, To concur with the house therein.
The following bills passed in the house of Representatives were sent up for revision & concurrence or proposals of amendment, viz. "An act directing the Treasurer to credit Benjamin Miner Junr. the sum therein mentioned," "An act authorising the Directors of the Fairhaven Turn- pike Company to procure an alteration in their Turnpike Road," " An act for the relief of Ebenezer Markham," and " An act laying a tax of two cents per acre on the town of Lutterloh," and the same being sev- erally read, Resolved, To coucur with the house in passing them respec- tively into laws.
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