USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 3
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In pursuance of the above joint Resolution the Secretary delivered to the Clerk of the General Assembly the following Bills &c .- one Enti- tled An Act Incorporating certain Persons therein mentioned by the name of the Onion River Turnpike Company-one Entitled An Act appointing a Committee to lay out and survey a road from the Bridge over Connecticut River in Norwich to Chelsea Court-House-and one Entitled an Act organizing certain Regiments of Cavalry therein men- tioned ; also a Report of a Committee for laying a Road thro' the
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Governor and Council-October 1804.
County of Orleans-and The Petition of Wait Rathburne and others for a Turnpike.
Adjourned to 9 O'clock Tomorrow Morning.
RUTLAND, Friday October 19th, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Petition of Elijah Dewey and others, for a Turnpike Road from Bennington to Pownal, was received from the House with this order thereon- . In General Assembly Octr. IS, 1804, Read and Referred to the first Turnpike Committee, to join. Attest M. Post Clk."-in which Reference it was Resolved, To Concur.
A Petition for a Land-Tax on Goshen Gore by Wheelock was sent from the House with this order thereon-" In General Assembly Octr. 18, 1804, Read and Referred to the Third Land-Tax Committee. Attest M. Post Clk."-whereupon it was Resolved, To concur in the above ref- erence.
The Petition of Bohan Shepard, High Bailiff of Franklin County, was received from the House with the following order thereon: " In General Assembly Octr. 18th, 1804, Read and Referred to Messs. Buckingham. Williams, and Stacey, to join. Attest M. Post Clk."-which was read and it was Resolved, That Mess. Fletcher and Witherell join the Com- mittee appointed by the House.
A Bill, passed in the House of Representatives, Entitled " An Act annexing a part of the Town of Addison to the Town of Weybridge." was sent up to Council for their Revision &c. and being read with the accompanying Petitions, it was, on Motion, Resolved, That it be referred to Mess. Wheelock and Witherell.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M. - A Bill, passed in the House of Representatives, Eutitled " An Act relating to the Records and Town Officers of the Town of Leicester," was sent to Council for their Revision &c. and being Read, it was Resolved, That it be referred to Mess. Witherell and Loomis.
The Governor communicated to the Council a Letter and Memorial from Gen1. Ira Allen, which were read and it was Ordered, That the Sec- retary carry the same to the House of Representatives.
Two Bills, passed by the House of Representatives, one Entitled "An Act for the relief of the Inhabitants of Townsend," the other "An Act for the relief of the First Congregational [Society] in Townsend," were sent to Council for their Revision &e. and being read, it was Re- solved, That they be Referred to Mess. Fletcher and Spooner.
Adjourned to 9 O'clock Tomorrow Morning.
SATURDAY October 20th, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
A Petition for a Turnpike Road from Burlington to the Siate of New York, A Remonstrance from Samt. Dwight and others against the Peti- tion for a Turnpike from Bennington to Pownal, and An Act incorpo- rating certain persons therein mentioned by the name of the Onion River Turnpike Company, were received from the House with the fol- lowing order on each, viz. "In Gent. Assembly Octr. 19th. 1804, Read and referred to the First Turnpike Committee, to join. Attest M. Post Clk."-upon which it was Resolved, To concur in the above Reference.
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Governor and Council-October 1804.
A Petition from the Northern Turnpike Company was sent from the House with thi's order thereon: "In Gent. Assembly Octr. 19th, 1804, Read and Referred to the Second Turnpike Committee, to join. Attest M. Post Clk."-in which Reference it was Resolved to concur.
A Petition for a Land-Tax on Highgate was received from the House with this order minuted thereon: "In Gen1. Assembly Octr. 19th, 1804, Read and referred to the Third Land-Tax Committee, to join. Attest M. Post Clk."-in which reference the Council concurred.
The Petition of Ira Allen was sent from the House with this order minuted on it: "In Gen1. Assembly Octr. 19th, 1804, Read and referred to Mess. Shaw, Hendee, Baker, T. Hutchinson, and Olin, to join. Attest M. Post Clk."-which was read and Resolved, That Mr. Niles join the Committee appointed by the House.
A Bill, passed in the House of Representatives, Entitled " An Act to ratify certain proceedings of the Town of Topsham," was sent up to the Council for their Revision &c. and being read, it was Resolved, To con- cur with the House in passing this Bill into a Law.
The Committee on the Bill, Entitled "An Act annexing a part of the Town of Addison to the Town of Weybridge," reported that it ought to pass without amendments, which report was accepted and it was Re- solved, To concur with the House in passing the said Bill into a Law.
On Motion, Mr. Niles introduced a Bill Entitled " an act in addition to an act Entitled an act directing the mode of the Election of Governor, Lt. Governor, Treasurer, Councillors, and Town Representatives," which was read and Ordered, That it lie on the Table.
The Committee on the Bill Entitled " An Act relating to the Records and Town-Officers of the Town of Leicester," reported that it ought to pass with the following amendments, viz. After the word That, in the first line of the Third Section, erase the remainder of the Section and insert the following-" Salathiel Bump and Reuben Sexton Esquires of Salisbury, after being duly sworn to the faithful performance of such trust, are hereby authorized to examine the transcribed Records of the proceedings of the Town Meetings in said Town of Leicester, and if found correct to make their certificate in the Book containing said Rec- ords, certifying them to be truly copied from the original Records; and shall also insert in said Book the certificate of their oath from the au- thority before whom they were sworn, together with this act-which Records, so transcribed and certified, shall be deemed and become the legal Records of said Town, and certified extracts and copies from the same may be read in evidence in all cases in Law and Equity, and shall have the same force and effect as they would have had if certified from the original Records "-which report was accepted and it was Resolved, To concur in passing the said Bill into a Law with the proposed amend- ments, and Mr. Loomis requested to inform the House of the Reasons of Council for adopting them.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Council met, and having no business before them Adjourned to 9 O'clock Monday Morning.
MONDAY October 22nd, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Petition of S. Brigham was sent from the House with this order thereon-" In Gen1. Assembly Octr. 16th, 1804, Read and Referred to Mess. B. Clap, Munson, and Hale, to join. Attest M. Post Clerk "- which Petition was read, and it was Resolved, That Mr. White join the
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Governor and Council-October 1804.
Committee appointed by the House-also Two Petitions, one from Abel Willey, the other from Joseph Conner, which were referred by the House to the Committee on the Petition of S. Brigham, which Petitions being read, it was Resolved, To concur with the House in their Refer- ence.
The Petition of the Weathersfield Turnpike Company was again recd from the House with this new order thereon-"In Gen Assembly Octr. 20th, 1804, Report Read, not accepted, and recommitted to same Com- mittee, to join. Attest M. Post Clk." in which recommitment the Council concurred.
The Petition of the Selectmen of Windham was received from the House with this order thereon: "In Gen' Assembly Octr. 19th, 1804, Read and Referred to Mess. Chipman, E. Butler, & Olin, to join Commit- tee from Council. Attest M. Post Clk."-which was read and Resolved, that Mr. Wheelock join the Committee appointed by the House.
The Petition of Timothy Allen against Asa Lyon for a new Trial was received from the House with this order on the same-"In Gen1 Assem- bly Octr. 17, 1804, Read and referred to Committee for new trials, to join. Attest M. Post Clk."-which was read and the Reference on the same concurred in.
An Engrossed Bill, passed in the House of Representatives, Entitled "An Act directing the Treasurer to pay Benjamin Emmons Jnr. the sum therein mentioned," was sent up to Council for their Revision &c. and being read it was Resolved, To concur with the House in passing sd Bill into a Law, with this Proposal of Amendment to be added to the Bill-"For his services as Auditor of accounts against this State until 16th Octr. 1804."
An Engrossed Bill, passed in the House of Representatives, Entitled "An act supplementary to an act Entitled an act to incorporate the Third Medical Society," was sent up to Council for their Revision &c. and being Read it was Resolved, To coneur with the House in passing the sd Bill into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act in alteration of and to amend an act laying a Tax of Two Cents per acre in Waterbury &c." was sent up to the Council for their Revision &c. and being read it was, on motion, Referred to Mr. Loomis to enquire into facts and make report.
A Bill, passed in the House of Representatives, Entitled "An Act remitting a Sum of Money to the Town of Berkshire," was sent up to the Council for their Revision &c. and being read it was Resolved, To concur with the House in passing the said Bill into a Law.
Mr. Witherell, on motion, introduced a Bill Entitled "An act to em- power Elizabeth Wooster, Administratrix, to sell and convey certain Lands," which was read and it was Resolved, That it be referred to Mr. Galusha to join such Committee as the House shall appoint.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act directing the Treasurer to pay to Joel Frost the sum therein mentioned," was sent up to the Council for their Revision &c. and being read, it was Resolved, To concur with the House in passing the sd Bill into a Law.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- A Bill, passed in the House of Representatives, Entitled "An act granting to the Town of Windham the privilege of being separately represented," was sent up to the Gov. & Council for their Revision &c. and being read, it was, on Motion, Resolved, That it be referred to Mr. Fletcher.
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Governor and Council-October 1804.
The Officer of the House delivered the following written message: "In Gen1. Assembly Octr. 22d, 1804, Resolved, That this House concur in the amendments proposed by the Governor and Council to the Bill Entitled " An act relating to the Records and the Town Officers of the Town of Leicester"-and also in the amendments proposed to a Bill Entitled " An act directing the Treasurer to pay to Benjamin Emmons Jur. the Sum therein mentioned." Extract from the Journals. Attest M. Post Clk."
The Bill, Entitled " An act in addition to an act Entitled an act directing the mode of the Election of Governor, Lt. Governor, Treas- urer, Councillors, and Town Representatives," was again read and on Motion, Resolved, That it be referred to Mess. Niles and Galusha.
The Committee on the Bill Entitled " An act granting to the Town of Windham the privilege of being separately represented," reported that it ought to pass without amendments, which report was not accepted, and on Motion Resolved, That it be recommitted, with the addition of Mr. Spooner.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act annexing part of the Town of Addison to the Town of Walt- ham," was sent up to the Governor and Council for their Revision &c. and being Read, it was, on Motion, Resolved, That it be referred to Mr. Witherell.
Adjourned to 9 O'clock tomorrow morning.
RUTLAND Tuesday October 23rd, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Petition of Jabez G. Fitch against Eben W. Judd for a new Trial was received from the House with this order on the same-" In GenI. Assembly Oetr. 22d, 1804, Read and Referred to the Committee on new Trials. Attest M. Post Clk"-which was read and it was Resolved, That the Govr. & Council concur in the above reference.
The Committee to whom was referred the " Act granting to the Town of Windham the privilege of being separately represented," reported the following Amendments: Amend the Title of the Bill by substituting the following in lieu of the present Title, " An Act in addition to and in alteration of an act Entitled An act forming the East part of London- derry and Mack's Leg into a separate Town, passed October 22d, 1795." Insert the following preamble-" Whereas, by the aforesaid act the Town of Londonderry and the Gore called Mack's Leg were erected into two separate Towns by the names of Londonderry and Windham. for all purposes except that of electing and sending Two Representa- tives to the General Assembly & conventions; and whereas, from the local situation of the sd two Towns, great inconveniencies arise to the Inhabitants of Windham, from being obliged to travel a great distance to attend Freeman's Meetings, to remedy which." After the word That, in the second line of the Bill, erase the remainder of the Bill and insert the following in lien thereof, " both the said Towns of Londonderry and Windham in the County of Windham be, and they are, hereby, incorpo- rated into two separate and distinct Towns, and that the Inhabitants residing therein shall have all the privileges and immunities belonging to other Incorporated Towns in this State, any Law, Usage, or Custom to the Contrary notwithstanding "-which Report was accepted and it was Resolved, To concur with the House in passing sd Bill into a Law with the Proposed amendments, and Mr. Loomis requested to inform the IIouse of the Reasons of Council in adopting those amendments.
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Governor and Council-October 1804.
The Committee on the Bill Entitled "An Act in alteration of and to amend an act laying a Tax of Two Cents on each acre in Waterbury," reported that it ought to pass without amendments, which report was accepted, and on motion Resolved, To concur with House in passing said Bill into a Law.
"An act laying a Land-Tax on Canaan" was received from the House with this order thereon: "Introduced by Mr. Beach. In Gent Assem- bly Octr. 22nd, 1804, Read and referred to the First Land-Tax Committee, to join. Attest M. Post Clk"-in which Reference the Council concurred.
"An act suspending prosecutions against Nathaniel Callender" was also received from the House with the following order on it: "In Gen1. Assembly Octr. 22nd, 1804, Read and Committed to the Committee on the Petition of S. Bingham [Brigham, ] to join. Attest M. Post Clk"_ which Bill was read, and Resolved, To concur with the House in the above reference.
The Petition of Timothy Brown against Ripley Torrey was sent from the House to Council with this order thereon-"In Gen. Assembly Octr. 22d, 1804, Read and referred to Messs. P. Smith, T. Hutchinson, and Shumway, to join Committee from Council. Attest M. Post Clk "- which Petition being read it was Resolved, That Goyr. Brigham and Mr. Shepardson join the Committee from the House.
The Report of the Trustees of the University of Vermont, made agreeably with the Concurrent Resolution of both Houses at the ad- journed Session at Windsor, with a number of Documents accompany- ing the same, was received from the House with the following order on the same: " In Gen1. Assembly Octr. 22nd, 1804, Read, and with the ac- companying Papers, referred to Messs. [Jacob] Galusha, [Mark] Rich- ards, E. [Ezekiel] Porter, J. [James] Smith, [Henry] Olin, Jas. Fisk, E. [Ezra] Butler, [Jonathan] Elkins, [Seth] Pomeroy, [Timothy ] Stanley, and D. [Daniel] Dana, to join Committee from Council. Attest M. Post Clk "-which report being read it was Resolved, That Govr. Brig- ham, Mess. Niles and Witherell join the above Committee appointed by the House. 1
The following Resolution was received from the House: " Resolved, That a Committee of five be appointed to join such Committee as the Governor and Council may appoint, to make enquiry concerning the Glebe Lands in the several Towns in this State, and make Report to this House whether the said Lands belong to this State, and if so, in what way they shall be disposed of. In Gen1. Assembly Octr. 22ud, 1804. Read and referred to Mess. [Asa] Lyon, T. [Titus] Hutchinson, [Sam- uel] Shaw, D. [Daniel] Dana, and E. [Ezra] Butler, to join. Attest M. Post Clk "-which Resolution being read, it was Resolved, To concur therein, and that Messs. White and Spooner join the Committee ap- pointed by the House.
An Engrossed Bill, passed in the House of Representatives, Entitled " An Act appointing a Committee to lay out and survey a Road leading from White River in Royalton &c." was sent up to the Council for their Revision &c. and being read, it was, on Motion, Resolved, That it be referred to Mr. White.
1 Pursuant to a joint resolution of the Legislature of Feb. 4, 1804, (see Vol. Iv, p. 418,) the Trustees submitted a report of its income from leased lands and from subscriptions, and of its expenditures for editices for the college and its president, &c., for which see printed Assembly Journal of October session, 1804, p. 118.
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Governor and Council-October 1804.
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An Engrossed Bill, passed in the House of Representatives, Entitled "An Aet enabling the Clerk of the County of Caledonia to record the Sales of Robert Whitelaw as Collector," was sent up to Council for their Revision &e. and being Read, it was, on motion, Resolved, That it be referred to Mr. Safford.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Governor and Council, pursuant to adjourn- ment, joined the House of Representatives in their Room in joint Committee, and making progress, the Committee was adjourned to Fri- day next, at the opening of the House in the afternoon, and the Govr. & Council returned to their Chamber and resumed the consideration of business.
The Committee on the Bill Entitled "An aet in addition to an act Entitled an Act directing the mode of the Election of Governor, Lt. Governor, Treasurer, Councillors, and Town Representatives," reported the Bill with sundry amendments, and it was Resolved, That the said Bill do pass, and that it be engrossed and sent to the House for their Concurrence, &c.
The Officer of the House delivered in Council this message from that Body: "In Gen1. Assembly Octr. 23, 1804, Resolved, that the House concur in the Amendment proposed by the Governor and Council to the Bill originally Entitled "An act granting to the Town of Windham the Privilege of being separately Represented in the General Assembly of this State." Extract from the Journals, Attest M. Post Clk."
Adjourned to 9 O'clock Tomorrow Morning.
WEDNESDAY, October 24th, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
Mr. Safford asked and obtained leave of absence for the remainder of the Session after tomorrow.
The First Turnpike Committee having reported to the House against the Petitions, Bills, &c. which had been referred to them, the Report was sent up to Council with the following order of the House thereon: "In Gent. Assembly Oetr. 230, 1804, Report read, not accepted, the Papers all recommitted to the First Turnpike Committee. to join Committee from Council, with the addition of Two Members, viz. Mess. Chipman and Shaw from the House, to examine each Petition, Bill and Remon- strance, separately, state facts and make separate Reports. Extract from the Journals. Attest M. Post Clk"-which Report and the order of the House thereon being read, it was Resolved, To join with the House in the above reference, and that Mr. Niles be added to the Com- mittee from the Council.
Adjourned to 2 O'clk P. M.
2 O'CLOCK P. M .- The Committee on the Bill Entitled "An act ap- pointing a Committee to lay out and survey a Road leading from White River in Royalton &c." reported the following Amendments-"after the word opened in the second line of the provisional clause in the Third Section, erase the remainder of the Clause and insert the following --- "and established, until all Damages thereby done to Individuals shall be paid: which Damages shall be assessed by the Committee named in the First Section of this act, and in case any person, by such assessment, shall think him or herself aggrieved, he or she may make application to any Justice of the Peace in the County where the Damages are to be appraised, and the same proceedings shall thereupon be had as is
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Governor and Council-October 1804.
pointed out by Law where Roads are laid out and altered by the Select- men of Towns" -- which amendment was adopted. and, on motion, Re- , solved, To concur with the House in passing the sd Bill into a Law with the proposed amendments, and Mr. White requested to inform the House of the Reasons of Council in adopting those amendments.
The following Engrossed Bills, passed in the House of Represent- atives, were sent up to the Govr. & Council for their Revision &c .- "An Act laying a Tax of Three Cents per acre on the Town of Pern:" "An Act laying a Tax of Two Cents per acre on the Town of Irasburgh;" "An Act in addition to an act Entitled an act laying a Tax of Three cents per acre on Lincoln, and one Cent per acre on Avery's Gore." "An act appointing a new member of a Committee on a Land-Tax in Navy" [Charleston;] "An act laying a Tax of Three Cents per acre on the Town of Billymead" [Sutton;] and "An Act annexing a part of Put- ney to Brookline" -- which Bills were severally read and considered, and it was Resolved, To concur with the House in passing them into Laws.
The Following Message was received from the House-"In Gen1. As- sembly Octr. 24th, 1804, Resolved, that this House do concur with the Governor and Council in their amendment proposed to the Bill Entitled "An act appointing a Committee to lay out and survey a Road leading from White River in Royalton" &c. &c. Extract from the Journals, Attest M. Post Clk.ยป
Adjourned to 9 O'clock Tomorrow morning.
RUTLAND, Thursday, October 25tb, 1804, 9 O'clock A. M. The Council met pursuant to adjournment.
The Petition for a Land-Tax on the Towns of Ripton, Goshen, and Philadelphia [part of Chittenden,] was again received from the House with the following new order minuted thereon: "In General Assembly Octr. 24th, 1804, Report read and recommitted to the Third Land-Tax Committee, to join. Attest M. Post Clk"-in which recommitment the Council concurred.
The Petition for a Land-Tax on Wenlock and Brunswick was again sent up to Council with this new order of the House on it-" In General Assembly Octr. 24th, 1804, Report read and recommitted to the second Land-Tax Committee, to join. Attest M. Post Clk "-in which recom- mitment the Council concurred.
Two Bills, one Entitled " An Act granting to John and Charles Mc- Niel the right of keeping Ferries in Charlotte," and the other Entitled " An Act granting to Charles McNiel the right of keeping a Ferry," were received from the House with this order on each-" In General Assembly Octr. 24th, 1804, Referred to the Committee on the Petition from Charlotte, to join. Attest M. Post Clk"-whereupon it was Re- solved to concur in the above Reference.
The Petition of John Nott was received in Council with this order of the House thereon: "In General Assembly Octr. 24th, 1804, Read and Referred to Messs. Jas. Fisk, Potter, & Rich, to join. Attest M. Post Clk " -- upon which it was Resolved, That Mr. Loomis join the above Committee appointed by the House.
The joint Committee appointed on the Bill Entitled " An act concern- ing Costs of Criminal Prosecutions," having reported to the House a new Bill with the same Title as a Substitute for the former one, it was sent up to Council with this order of the House thereon: " In General Assembly Octr. 24th, 1804, Read and recommitted to the same committee, to join, and made the order of the day for Monday morning next. At-
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Governor and Council-October 1804.
test M. Post Clk "-which new Bill was read, and it was Resolved, To join the House in their Reference as above.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act to incorporate the Owners and Proprietors of an Acqueduct in Middlebury," was sent up to Council for their Revision &c. and being Read, it was, on Motion, Resolved, That it be referred to Mr. Witherell.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act empowering the Proprietors of the Town of Weybridge to lay out their undivided Lands by Pitches," was sent up to Council for their Revision &c. and being read, it was Resolved, That it be referred to Mr. Niles.
Mr. Galusha asked and had leave to introduce a Bill Entitled " An act relating to the duty of the several County, Town, and Society Clerks in this State," which was read and Ordered, That it lie on the Table.
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