USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 30
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Received from the house of Representatives the Petition of Parley Davis, for relief on a note given to the State Bank, with this order thereon: "In General Assembly Nov. 2, 1808, Read & referred to the joint committee to whom was referred the Petition of Mary Giles. At- test M. Post Clerk," and the same being read, Resolved, To concur with the house in their said reference.
Received from the house, An act directing the Treasurer to pay Asa Bulkley the sum therein mentioned, with this order thereon: " In Gen- eral Assembly Nov. 2, 1808, Read the first time, and, with the Petition of Asa Bulkley, recommitted to the joint Committee on the Petition of Sam1 Frizzle &c. Attest M. Post Clerk," and the said bill & order be- ing read, Resolved, To concur with the house in said recommittment.
Received from the house of Representatives a bill Entitled "an act en- abling the several Presbyterian Societies in the State to raise money for the support of the Gospel &c." with this order thereon: " In General Assembly Nov. 2, 1808. This bill wss brot in on motion and leave by Mr. John Duncan, read and referred to Mr. Olin, Chipman and Stanley, to join a Committee from Council. Attest M. Post Clerk," and the same being read, Resolved, That Govr. Brigham join the above Committee of the house.
An Engrossed bill, passed in the house of Representatives, Entitled " an act in alteration of an act Entitled an act laying a road from Dan- ville Court house in the County of Caledonia to the Court house in Guildhall in the County of Essex," was sent up for revision &e. & being read, Ordered, That the same be referred to Mr. Dana.
Received from the house of Representatives the following resolution: " In General Assembly Nov. 2, 1808. Whereas the several companies of Artillery in this State are allmost wholly destitute of Ordinance & appar- atus, and no means has, as yet, been devised to procure the same: And, Whereas, it has been represented that the United States have in their possession, in the several arsenals under the control of the Secretary at War, a large quantity of Artillery, which remains entirely useless, and which would be loaned to the several states, on application of the proper authority of each state, by giving security for their safe keeping and re- turn when called for: Therefore, Resolved, the Governor and Council concurring herein, that our Senators and Representatives in the Con- gress of the United States be requested and instructed to make applica- tion to the Secretary at War, or some other proper board, for a loan of twenty pieces of artillery and suitable apparatus accompanying the
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Governor and Council -November 1808.
same, for the use of the Militia of this State. And that if such loan be obtained, the Commissary General of Military stores be directed to cause the same to be immediately transported into this State to be distributed as a future Legislature may direct. And that the Auditor of accounts be authorised to credit the accounts of the Commissary General for transporting the said Artillery and Military Apparatus as aforesaid, and draw an order on the Treasury for the payment of the same. Read, adopted and directed to be sent to the Governor & Council for concur- rence. Extract from the Journals, Attest M. Post Clk." and the same being read, Resolved, To concur with the house therein.
Adjourned to 2 o'clock P. M.
2 O'CLOCK P. M .- An Engrossed bill passed in the house of Repre- sentatives Entitled "An act establishing a corporation by the name of the Vergennes & Willsboro Turnpike Company," was sent up for re- vision & being read, Resolved, To concur with the house in passing said bill into a law.
An Engrossed bill. passed &c. Entitled "An act to incorporate the Burlington Fire Club," was sent up for revision &c. and being read, Resolved, To concur with the house in passing said bill into a law, with these proposals of amendment: erase the word "Club" in the title, in the 7th. line 1st. Section & 8th. line 2d. Section and insert the word "Company." In the 1st. Section, 19th. line, erase the words "like pur- poses," & insert the words "the purpose of securing buildings and other property from destruction by fire.
Adjourned untill 9 O'clock Tomorrow morning.
FRIDAY November 4th, 1808, 9 o'clock A. M.
The Council met pursuant to adjournment.
The following Engrossed hills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment, viz. "An act to authorize the making of a certain record therein men- tioned;" "An act incorporating certain persons therein named by the name of the Middlebury Fire Society," and "An act freeing and relcas- ing the person of Jesse Leavenworth from arrest and imprisonment for the term of his natural life," 1 and being severally read, Resolved to con- cur with the house in passing them into laws.
Received again from the house of Representatives, the petition of Wm. Scott & John Spencer, with this new order thercon: "In General Assembly Nov. 3, 1808, Report read and rejected and the Petition re- committed to the former joint Committee. Attest M. Post Clerk," and said report & order being read, Resolved, To concur with the house in said recommittment.
An Engrossed bill passed in the house of Representatives Entitled "An act authorizing and directing the Surveyor General to procure certain papers and records therein named," was sent up for revision and con- currence or proposals of amendment, and being read, Ordered, That the same be referred to Mr. Miller.
1 As passed it was for the term of seven years. Mr. Leavenworth had been a prominent and useful man in Caledonia County, but he had suf- fered a long imprisonment for debt, and was at this time destitute of property, and a cripple.
Governor and Council-November 1808. 221
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 Hopkinville," with this order thereon: "In General Assembly Novr. 3, 1808, This bill was brot in on motion & leave by Mr. Fyler, & referred to the third joint land Tax Committee. Attest M. Post Clerk," and being read, Resolved, To concur with the house in their said reference.
Received again from the house of Representatives the Petition of James Bangs, with this new order thereon: "In General Assembly Novr. 1, 1808, Report read, accepted and Petition dsimissed. Novr. 3. called up, former vote reconsidered, and the Petition recommitted to the former joint Committee. Attest M. Post Clerk," and said report and order being read, Resolved, To concur with the house in said recom- mitment.
Received again from the house of Representatives the Petition of Bradley & Moses Wilson, with these new orders thereon: "In General Assembly Oct. 21, 1808, Report read & accepted, and leave granted to withdraw the Petition. Novr. 3, 1808, The vote recorded above recon- sidered, and the Petition recommitted to the former joint Comee. Attest M. Post Clerk," and sd report & order being read, Resolved, To concur with the house in said recommitment.
Pursuant to adjournment the Governor and Council proceeded to the Representatives' room & met the house in joint Committee for the pur- pose of completing the election of County officers for the year ensuing, and also for the purpose, pursuant to the concurrent resolution of both houses, of choosing Electors of President and Vice President of the United States, and having completed the same, the joint Committee was dissolved, and the Governor and Council returned to their cham- ber, and adjourned untill 2 O'clock P. M.1
, 2 O'CLOCK P. M .- Received from the house of Representatives this resolution: "In General Assembly Novr. 3, 1808, Resolved, that a Com- mittee of three be appointed from this house to join from Council to take into consideration the act relating to capital and other high crimes and misdemeanors, and more particularly the 33d Section of the same, which relates to counterfeiting bank bills, and see whether any and what further amendments, additions or alterations ought to be made in defining sd crime, and report by bill or otherwise. Members chosen, Mess. Griswold, Rich & Jacob Smith. Extract from the Journals, Attest M. Post Clerk," and the same being read, Ordered, That Mr. Chipman join the Committee appointed by the house on said resolution.
The Committee to whom was referred the bill Entitled " An act incorporating and establishing an academy in Fairfield," reported that sd bill ought to pass, with sundry amendments, whereupon Resolved, To concur with the house in passing said bill into a law, with these proposals of amendment: In the title of the bill erase the words "An academy" and insert "a County Grammar school." In Section It in the 3rd, 27th & 33rd lines erase the word "Academy" and insert "Grammar School." In the 14th & 15th lines erase "Fairfield academy" and insert "Franklin County Grammar School in Fairfield." In Section 3rd line 3d erase "said academy" & insert "the house now built for the accommo- dation of said school." Ordered, That Mr. Willoby inform the house of the reasons of Council in proposing said amendments.
Received from the house of Representatives a bill Entitled "an act directing the Treasurer to pay to Oliver Ingham the sum therein men-
1 Israel Smith, Jonas Galusha, John White, Samuel Shepardson James Tarbox, and William Cahoon were appointed electors.
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Governor and Council-November 1808.
tioned," with this order thereon: "In General Assembly, Novr. 4, 1808, This bill was brot in on motion & leave by Mr. Ingham, read & referred to the joint Committee on the Petition of Samuel Frizzle &c. Attest M. Post Clerk," and being read, Resolved, To concur with the house in their said reference.
Received from the house of Representatives An aet authorising the sale of part of the real estate of Jona. Parker deceased. with this order thereon: "In General Assembly Novr. 4, 1808, Introduced by Mr. Pliny Smith, read & referred to Messs Hammond, A. Thompson and Fox to join a Committee from Council. Attest, M. Post Clerk," and the same being read, Ordered, That Mr. Langdon join the above Come of the house.
The Council took under consideration the bill Entitled "An act estab- lishing a Corporation by the name of the Windsor Acqueduct Company &c." and on motion of Mr. Chipman, Resolved, The General Assembly concurring herein, that this bill be referred to the next session of the General Assembly, & Ordered, That Mr. Chipman inform the house of the reasons of the Governor & Couneil in proposing said reference.
Benjamin Swan Esquire appeared in the Council Chamber, produced bonds for the due execution of the office of Treasurer of the State for the year ensuing, and the same was approved by the Governor & Coun- cil, & the Oath of office was administered to him by the Governor.
Received from the house of Representatives an acct. agt the State in favor of Daniel Staniford & others, with a number of accompanying pa- pers, with this order thereon: "In General Assembly Nov. 4, 1808, Read & Referred to Mess. Potter, F. Child, Linsley, Rich & Hammond to join a Committee from Council. Attest M. Post Clerk," and the same being read, Ordered, That Mr. Elsworth & Mr. Buckingham join sd Come of the house.
The Governor & Council again took under consideration the Petition of James Perry, and on motion Ordered, That the Petitioner have leave to withdraw his Petition.
Adjourned to 9 O'clock Tomorrow morning.
SATURDAY Novr. 5, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
Received from the House of Representatives the report of a Commit- tee on the printing of the laws, with this order thereon: " In General Assembly Nov. 4. 1808, Read & referred to Mess8. Morris, Farnsworth & T. Hutchinson to join a Committee from the Council, to take into consideration that part relating to accounts which are unliquidated & unprovided for. The remaining part of the report referred to the same Committee. Attest M. Post Clerk," and the same being read, Ordered, That Mr. Dana join said Committee of the house.
Received from the house of Representatives a message in writing, to wit, " In General Assembly Nov. 4, 1808, Resolved to coneur with the Governor & Council in their proposed amendments to the bill Entitled "An Aet establishing a County Grammar School in Fairfield," and said bill has become a law. Extract from the Journals, Attest M. Post Clerk."
The joint Committee on the 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," reported the same with amendments, which were adopted, and on motion Resolved, That said bill do pass, and that it be engrossed and sent to the house for their concurrence.
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Governor and Council-November 1808.
Mr. Chipman on motion obtained leave to introduce a bill Entitled "an act to extend the time of the completion and approbation of the Centre Turnpike Road," and the same being read was referred to Mr. Chipman to join a Committee from the house.
The following bills, passed in the house of Representatives, were sent up for revision & concurrence or proposals of amendment, to wit, "An act laying a tax of two cents and five mills per acre on the town of Dun- cansboro';" "An act directing the Treasurer to credit Josiah Burton, first Constable of Manchester, the sum therein mentioned;" "An act in ad- dition to an act for the relief of Aaron Henry Junr. and others;" "An act laying a tax of two cents per acre on the town of Bakersfield;" "An act for the relief of Mary Giles;" "An act empowering towns to lay out School-Districts in certain cases;" "An act to revive part of a certain act laying a land tax on the towns of Navy and Random" [Charleston and Brighton,] and "An act appointing Commissioners to set off and survey the public lands in Deweysburgh," and said bills being severally read & considered, Resolved, To concur with the house in passing them into laws.
An Engrossed bill passed in the house of Representatives Entitled "an act for the relief of Minott Farmer" was sent up for revision & con- currence or proposals of amendment, and being read, Ordered, That it be referred to Mr. Willoby.
The Committee to whom was referred the bill Entitled " an act in al- teration of an act Entited an act incorporating certain persons therein mentioned by the name of the Hubbarton Turnpike Company," reported sundry amendments to the same, whereupon Resolved, To concui with the house in passing sd bill into a law, with these proposals of amend- ment: In Sec. 1t, line 4th, erase " their " and insert "any." In the pro- visional clause 2ª line, after the word "Proprietors," insert "at any annual meeting."
The Committee to whom was referred the bill Entitled "an act for the relief of Minott Farmer" reported sundry amendments thereto, whereupon Resolved, To concur with the house in passing said bill into a law, with these proposals of amendment: In section 2ª line 2d erase the words "at his own expence," and add to said section these words, "And the said Minott shall be allowed the same sums for advertising as is allowed to Sheriffs in the act assessing said Tax, and the same shall be assessed on the lands of the delinquent proprietors in the same manner as is therein provided." Ordered, That Mr. Langdon in- form the house of the reasons of Council in their proposals of amend- ment to the last above mentioned bills.
Received from the house of Representatives a bill Entitled "An act to establish the proceedings of Rufus Flint, first Constable of the town of Braintree," with this order thereon: "In General Assembly Nov. 5, 1808. Read the first time and ordered to be recommitted to the joint Committee to whom the Petition of Rufus Flint was referred. 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 in addition to an act Entitled an act regulating marriage and divorce," with this order thereon: " In General Assembly Nov. 5, 1808, This bill was brot in on motion & leave by Mr. Olin, read & referred to Messs. Kinnee, Rising & Jason Duncan to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Ordered, That Mr. Chipman join said Committee of the house.
On motion, Mr. Keyes obtained leave of absence for the remainder of the session.
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Governor and Council-November 1808.
An Engrossed bill, passed in the house of Representatives, Entitled "an act granting to Ebenezer Marvin Junr. the exclusive right of build- ing a toll bridge over Mississquoi River in Sheldon," was sent up for revision &e. read and Ordered, That the same be referred to Mr. Willoby.
Adjd. to 2 O'clock P. M.
2 O'CLOCK P. M .- An Engrossed bill, passed in the house of Repre- sentatives, Entitled "An act confirming the grant of the Township of Wheelock to the Trustees of Dartmouth College and the President of Moore's Charity School," was sent up for revision and concurrence or proposals of amendment. and being read, Resolved, To concur with the house in passing said bill into a law.
Received from the house of Representatives this resolution : "In General Assembly Oetr. 31t, 1808. Whereas many actions are com- menced in the Circuit Court of the United States for the trial of land titles in this State, in which the Inhabitants of the Northern part of the State are principally interested, and are obliged to attend the sessions of said Court at Rutland & Windsor, with their witnesses, at great dis- tances from their homes, & thereby suffer great and unnecessary expen- ces: and Whereas, the October session of said Court is so near the time of the stated session of the Legislature of this State that the business of said Court is mostly continued to the May term of the Court, to the in- jury of suitors, Therefore Resolved, that our Senators in Congress be instructed, and the Representatives requested, to use their influence to procure the session of said Circuit Court altered, so that it may be holden at Montpelier, or some other place near the centre of this State, instead of the places where it is now holden; and that the October Ses- sion of said Court may be altered either to September or November: read & adopted. Nov. 1t, 1808, Ordered to be sent to the Governor & Council for their concurrence. Extract from the Journals, Attest M. Post Clerk," and the same being read, on the question of concurrence the yeas & nays being required by Mr. Chittenden, were as follows, to wit: Yeas, Mr, Miller, Mr. Willoby, Mr. Lyon & Mr. Chittenden-4; Nays, Govr. Brigham, Mr. Keyes, Mr. Langdon, Mr. Chipman, Mr. Fletcher, Mr. Hatch, Mr Buckingham, Mr. Dana and Mr. Elsworth-9. Whereupon Resolved, to nonconcur with the house in passing said res- olution, and for the same the Governor & Council assign the following reasons, to wit: For that the number of actions in the Circuit Court of the description mentioned in the resolution has been much lessened by a law of the last session; and that for that by far the greatest number of suits in the Circuit Court are commenced against those who live south of Montpelier; and although it is believed, that at some future time it will be found expedient to have said Court holden at Montpelier, when it shall become more nearly the centre of population and business-Yet at present, it would too greatly increase the aggregate expense of suits in that Court to be justified. And for that no time for holding said Court in this State could be found attended with less inconvenience than the times now fixed by law, in May & October, and neither of which said Terms could be altered without altering both. And that for that an alteration of the terms in this State could not take place without an alteration of the terms of the same Court in the States of New York and Connecticut. There could therefore be no prospect of success should our Senators & Representatives be instructed to make said attempt.
Adjourned untill 9 O'elk Monday morning.
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Governor and Council-November 1808.
MONDAY November 7th, 1808, 9 o'clock A. M.
The Council met pursuant to adjournment.
The joint Committee on the bill Entitled "An act to extend the time of the completion and approbation of the Center Turnpike Road," re- ported that said bill ought to become a law, whereupon Resolved, That said bill do pass, and ordered that it be engrossed and sent to the Gen- eral Assembly for their concurrence.
Received from the house of Representatives a bill Entitled "An act in behalf of the Sand-bar Turnpike Company," with this order thereon: "In General Assembly Novr. 5, 1808, This bill was brot in on motion and leave by Mr. F. Child, read & referred to the joint Turnpike Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their reference.
Received from the house of Representatives, a bill Entitled "an act relating to a land Tax on the town of Sherburne," with this order thereon: "In General Assembly Novr. 5, 1808, Read & recommitted to the Com- mittee on the original bill, to join a Committee from Council. Attest M. Post Clerk," and the same being read, Ordered, That, Mr. Chittenden join said Committee of the house.
The following Engrossed bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment, to wit, "An act for the relief of Daniel Peasley;" "An act appointing a Committee to lay out a road from Lyndon to the narrows of Lake Mem- phremagog;" "An act to revive an act laying a tax on the town of Dux- bury;" "An act to revive and continue an act Entitled an act laying a tax of three cents per acre on the town of Concord, passed the 30th day of October 1806;" ""An act appointing a Committee to lay out a road from the Mouth of White river in Hartford to the Court House in Woodstock;" "An act to enable the Selectmen of Burlington to lease to Lyman King certain lands;" "An act to authenticate the proceedings of Jacob Davis as Collector of a Tax on the town of Milton;" "An act ap- pointing a Committee to lay out a post road from Middlebury to Pitts- ford," and "An act incorporating a Company of Artillery in the town of Montpelier," and the said bills being severally read and considered, Resolved, To concur with the house in passing them into laws.
On motion of Mr. Lyon, Ordered, That Mr. Hatch join the Committee appointed by the house on the Petition of Asa Wheelock, [in place of Mr. Keyes] absent on leave.
The Committee on the bill Entitled "an act authorising and directing the surveyor General to procure certain papers and records therein named," reported that the same ought to be nonconcurred, and said bill being again read, the report was rejected, and on motion, Resolved, That it be recommended to the General Assembly to refer the consider- ation of this bill to the next session of the Legislature, and Ordered, That Mr. Chipman inform the house of the reasons of Council in recom- mending said reference.
An Engrossed bill, passed in the house of Representatives, Entitled "An act constituting and appointing a Company of Grenadiers in Ben- nington," was sent up for revision and concurrence or proposals of amendment, and being read, Resolved, To nonconcur with the house in passing said bill into a law, for the following reasons: Should this bill pass it would interfere with the power which by the third section of our Militia law is expressly vested in the field officers of every Regiment, to arrange the Militia within their limits into Companies, and the same to alter, whenever in their opinion the state of any of the companies shall require it. The exercise of this power by the Legislature at the instance of a few petitioners, without the knowledge of the field officers of the
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Governor and Council-November 1808.
Regiment, as is the case in the present instance, would have a tendency to create an invidious distinction unfavorable to the well ordering of our Militia.
: The following Engrossed bills, passed in the house of Representatives, were sent up for revision aud concurrence or proposals of amendment, viz. "An act constituting a Company of Artillery in Williston," & "An act constituting an independent company of Artillery in the town of Rockingham," and being read, Resolved, To nonconcur with the house in passing said bills into laws for the following reasons, to wit: The passing of the two bills for independent companies of Artillery would materially injure and derange our military system. The Militia of this State are formed into Companies of Infantry, light infantry, artillery and Cavalry: The power of forming companies of light Infantry, Artil- lery and cavalry from the great body of the infantry is vested in the Generals of Brigades, and lest the Infantry should be too much weak- ened in forming select corps it is expressly declared, in the eleventh Section of our Militia act, that the companies of Artillery and Cavalry shall in no instance exceed the eleventh part of the Infantry. The Council are therefore of opinion, it would be unwise to innovate upon the present system, by particular and partial acts.
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