USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 31
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Received from the house of Representatives a bill Entitled an act for the regulation of the State's Prison and altering the punishment of crimes, recommitted by the house to the former joint Committee, in which recommittment the Governor and Council concurred.
The Committee on the bill Entitled "An act granting to Heman Allen the exclusive privilege of building a toll bridge across Missisquoi River," reported sundry amendments, which were adopted, and Resolved, To concur with the house in passing sd bill into a law, with the proposals of amendments thereto annexed, and Ordered. That Mr. Chipman inform the house of the reasons of Council in proposing said amendments.
Adjd to 2 O'clk P. M.
2 O'CLOCK P. M .- The following Engrossed bills, passed in the house of Representatives, were sent up for revision and concurrence or pro- posals of amendment, to wit: "An act laying a tax of two cents per acre on the town of Berkshire;" "An act directing an endorsement on a cer- tain note payable to the State Treasurer:" "An act incorporating certain persons therein named by the name of the Poultney Manufac- turing Company;" "An act granting certain privileges to the Fairhaven Turnpike Company," and " An act directing the Treasurer to pay Thomas Gustin the sum therein mentioned," and being severally read, Resolved, To concur with the house in passing said bills into laws.
Received from the house of Representatives a bill Entitled "An act for the relief of Silas Hathaway," with this order thereon: "In General Assembly Nov. 7, 1808, This bill was brot in on motion & leave by Mr. Farnsworth, read & referred to Messs Farnsworth, Edmond & Rich 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 directing the Treasurer to pay to Daniel Oatman the sum therein mentioned," and " An act directing the Treasurer to pay the sum therein mentioned," and being severally read & considered. Resolved, To nonconcur with the house in passing said bills into laws, for the following reasons. to wit: For that altho' the State's Attorney of Bennington County had a right to secure the said Counterfeit Bills, for the purpose of producing the same in evidence against the said James
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Lynn on a trial of an indictment against him for passing the same, Yet this could not have prevented the said Oatman and the said from pursuing their legal remedy against the said Lynn, for the said State's Attorney would at any time have produced the said bills in Court as evidence on the part of the said Oatman and the said - on request.
The Committee to whom was referred the bill Entitled an act in alter- ation of an act Entitled an act laying a road from Danville Court house in the County of Caledonia to the Court house in Guildhall in the County of Essex, reported that sd bill be amended by erasing the words "or any two of them," in the fourth line; which report was accepted, and, on motion, Resolved, To concur with the house in passing said bill into a law, with said proposal of amendment, and, Ordered, That Mr. Dana inform the house of the reasons of Council in proposing the same.
Adjourned untill 9 O'clock Tomorrow morning.
TUESDAY, November 8th, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
Received from the house of Representatives a bill Entitled an act di- recting the Treasurer to pay O. [Otway] Barker the sum therein men- tioned, with this order thereon: "In General Assembly Nov. 7, 1808, This bill was brot in on motion and leave by Mr. __ , read & referred to the joint Committee on the Petition of Sam1 Frizzle &c. 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 written message as follows: "In General Assembly Nov. 7, 1808, Resolved, that this house do concur with the Governor and Council in their amendments to the following bills, viz. A bill Entitled "An act for the relief of Minott Farmer;" A bill Entitled "An act ingalteration of an act Entitled an act incorporating certain persons therein mentioned by the name of the Hub- barton Turnpike Company," and A bill Entitled "An act in alteration of an act Entitled an act laying a County road from Danville Court house in the County of Caledonia to the Court house in Guildhall in the County of Essex," And the said bills have passed into laws. Ex- tract from the Journals, Attest Martin Post Clerk."
An Engrossed bill, passed in the house of Representatives, Entitled "an act reviving an act Entitled an act establishing a Corporation by the name of the Boston & Montreal Turnpike Company &c." was sent up for revision & concurrence or proposals of amendment, read and amended by erasing in the 5th Section, 3d line, the words "Stafford Smith of Bethel," and inserting " Thomas Taylor of Wolcott," and then Resolved, To concur with the house in passing said bill into a law with said proposal of amendment, and Ordered, That Mr. Chipman inform the house of the reasons of Council in proposing the same.
Received from the house of Representatives a bill, Entitled An act directing the Treasurer to pay the several sums therein mentioned, with this order thereon: "In General Assembly Nov. 8, 1808, Read and ordered to be recommitted to the joint Committee on Dan1. Staniford's account. Attest Martin Post Clk." and the same being read, Resolved, To concur with the house in their said recommittment.
On motion of Mr. Lyon, Ordered, That Mr. Fletcher join the Com- mittee appointed by the house on the Petition for a new County, in the room of Mr. Keyes absent on leave.
The Governor and Council took under consideration the Petition of ' John Fitch Junr. praying to have a certain fine imposed upon him by the Supreme Court of Judicature remitted, and it appearing to the Governor and Council that the said fine has been settled by giving a
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note for the same and the Judgment of the Court thereby satisfied, It is thereupon Ordered, That the Petitioner have leave to withdraw his Petition.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following Engrossed bills, passed in the house of Representatives, were sent up for revision and concurrence or pro- posals of amendment, viz. "An act appointing a Committee to lay out a County or Market Road from Derby to Guildhall;" "An act to repeal an act directing a suit for the purpose of ascertaining the validity of the charter of Wheelock, passed October Session 1807;" "An act empower- ing a Committee to lay out a certain County road therein mentioned;" "An act in addition to an act Entitled an act for the purpose of estab- lishing an academy at Montpelier in the County of Caledonia;" "An act for the relief of Silas Remington of Rupert;" "An act in addition to an act appointing a Committee to lay out a road from the County road in Barton to the County road leading from Greensboro to Guildhall," and "An act granting a ferry to Ephraim Beardsley and Ebenezer Hatch," and said bills being severally read, Resolved, To concur with the house in passing them into laws.
An Engrossed bill, passed in the house of Representatives, Entitled "An act appointing a Committee to lay out a Post road from Hubbel's Falls on Onion River to the North line of Huntsburgh," was sent up for revision and concurrence or proposals of amendment; read and Ordered That it be referred to Mr. Willoby.
Mr. Hutchinson returned from the house 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," and which the Council had passed, nonconcurred by the house, and after assigning the reasons for such nonconcurrence he withdrew. Whereupon, Ordered, That said bill lie on the table.
On motion, Resolved, that the Governor be requested to appoint Wednesday, the twelfth day of April next, to be observed as a day of public humiliation, fasting and prayer throughout this State.
The Committee to whom was referred the bill Entitled "an act ap- pointing a Committee to lay out a post road from Hubbell's Falls, on Onion River, to the north line of Huntsburgh," reported that said bill ought to become a law, whereupon Resolved, To concur with the house in passing said bill into a law.
Received again from the house of Representatives a Memorial against the Directors of the State Bank, with this new order thereon: " In Gen- eral Assembly Nov. 8, 1808, Read and ordered to be recommitted, and Mr. Rich added to the former joint Committee. Attest M. Post Clerk," and said order being read, Resolved, To concur with the house in said recommittment, and Ordered, that Mr. Fletcher be added to the former joint Comee.
Received from the house of Representatives a bill Entitled " An act providing for the purchase of fire arms for the Militia of this State," with this order thereon: " In General Assembly Nov. S, 1808, Read & recommitted, for the purpose of filling up the blanks, to the former joint Committee. Attest M. Post Clerk," and the same being read, Resolved, To concur with the house in their recommittment.
Received from the house of Representatives a bill Entitled " An act granting relief to William Scott & John Spencer," with this order thereon: " In General Assembly Nov. S, 1808, Read & referred to Messs. L. Hall, Lynde and Norton, to join a Committee from the Council. At- test M. Post Clerk," and the same being read, Ordered, That Mr. Lang- don join the above Committee of the house.
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An Engrossed bill, passed in the house of Representatives, Entitled "An act directing the Treasurer to pay the several sums therein men- tioned," was sent up for revision & concurrence or proposals of amend- ment, read & Resolved, To concur with the house in passing said bill into a law.
Adjourned to 9 O'clock on Wednesday morning.
WEDNESDAY November 9th, 1808, 9 O'clock A. M. The Council met pursuant to adjournment.
The Committee to whom was referred the bill Entitled " an act grant- ing to Ebenezer Marvin Junr. the exclusive privilege of building a toll bridge across the Missisquoi River," reported sundry amendments, whereupon Resolved, To concur with the house in passing said bill into a law, with the proposals of amendment thereto annexed, and Ordered, That Mr. Chipman inform the house of the reasons of the Council in proposing said amendments.
Received from the house of Representatives the following resolution: " In General Assembly Nov. 7, 1808, Resolved, the Governor and Coun- cil concurring herein, that both houses meet in joint Committee in the Representatives' room, on Wednesday next at two O'clock P. M. for the purpose of electing thirteen Directors of the Vermont State Bank for the year ensuing. Extract from the Journals, Attest M. Post Clerk," and the same being read, Resolved, To concur with the house therein, with this proposal of amendment, erase " Wednesday next at 2 O'clock P. M." & insert " Thursday next at 10 O'clock A. M."
Received from the house of Representatives a bill Entitled " An act for the relief of Nath Bosworth Jur. " with this order thereon : "In General Assembly Nov. 8, 1808, This bill was brot in on motion & leave by Mr. Knapp-Nov. Sth, read & referred to Messs. J. Dana, Eddy & Put- nam to join a Committee from the Council. Attest M. Post Clerk," and the same being read, Ordered, that Mr. Fletcher join said Commit- tee of the house.
Received from the house the following written messages: "In Gen- eral Assembly Nov. 8, 1808, Resolved to concur with the Governor and Council in their amendments to the bill " granting to Heman Allen the right of building a toll bridge over Missisquoi River," and the bill " re- viving an act establishing a Corporation by the name of the Boston & Montreal Turnpike Company." And the bills as amended have become laws of this State. Extract from the Journals, Attest Martin Post Clerk."
"In General Assembly Nov. S, 180S, Resolved that this house concur with the Governor & Council in passing into a law the bill Entitled "An act to extend the time of the completion and approbation of the Centre Turnpike road." Extract from the Journals, Attest Martin Post Clerk."
Received from the house of Representatives a bill Entitled "an act laying a tax on Deweysburgh," with this order thereon: " In General Assembly Nov. S, 1808, Read and recommitted to the second joint land tax Committee. Attest M. Post Clerk," and the same being read, Re- solved, To concur with the house in their said recommittment.
Received from the house a bill Entitled " An act directing the Treas- urer to pay Jesse Heath the sum therein mentioned," with this order thereon: "In General Assembly Nov. 9, 1808, This bill was brot in on motion & leave by Mr. Heath, 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.
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On Motion, Mr. Miller obtained leave to introduce a bill Entitled "An act in explanation of an act Entitled an act for the limitation of suits on penal statutes &c." and being read, Ordered, That it be referred to Mr. Chipman & Mr. Langdon.
The following bills, passed in the house of Representatives, were sent up for revision and concurrence or proposals of amendment, to wit, "An act assessing a tax of one cent on the dollar on the list of the present year," [State tax; ] "An act enabling Lyman Bridge Corporation to hold certain lands;" "An act directing the Treasurer to credit the first Con- stable of Rochester the sum therein mentioned;" " An act discharging the town of Warren from the payment of certain State taxes;" "An act establishing and giving validity to a certain book of records of the town of Vershire," and "An act providing for the regulation of the State Prison and altering the punishment of crimes," and said bills being sev- erally read and considered, Resolved, To concur with the house in pass- ing them respectively into laws.
On motion of Mr. Dana, Resolved, The house of Representatives con- curring herein, that both houses meet in joint Committee in the Repre- sentatives' room on Thursday morning next at ten O'clock, for the purpose of electing a Chief Judge of the County Court within & for the County of Essex, for the year ensuing, in the room of Haines French Esqr who declines accepting his appointment to said office, and also to elect an Auditor of accounts against the State.
Mr. Pratt, a Member of the General Assembly, returned from that body the bill Entitled "An act directing the Treasurer to pay Daniel Oatman the sum therein mentioned," which was nonconcurred by the Governor & Council on the 7 Int. with this order of the house thereon: " In General Assembly Nov. 9, 1808, Read & passed & ordered to be sent to the Governor & Council for their revision & concurrence or proposals of amendment, and that Mr. Pratt return the same & assign the reasons of the house. Attest M. Post Clerk," and Mr. Pratt, after assigning the reasons of the house for insisting upon the passing of said bill, withdrew.
Mr. Chipman to whom was referred the bill Entitled "An act granting to Joseph Robinson & others the exclusive privilege of erecting a toll bridge across Missisquoi River in Swanton," reported an amendment, whereupon, Resolved, To concur with the house in passing said bill into a law with the proposal of amendment thereto annexed, and Or- dered, That Mr. Chipman inform the house of the reasons of the Gov- ernor & Council in proposing the same.
An Engrossed bill Entitled "An act appointing a Committee for the purposes therein mentioned," passed in the house of Representatives, was sent up for revision &c. & being read, Ordered, That it be referred to Mr. Hatch & Mr. Chittenden.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The following Engrossed bills, passed in the house of Representatives, were sent up for revision & concurrence or proposals of amendment, viz. "An act to revive an act laying a tax of two cents per acre on the town of Hardwick;" "An act exempting the Manufac- tory of William Trotter from taxation;" "An act directing the Treas- urer to pay to Asa Bulkley the sum therein mentioned;" " An act appointing a place for the meeting of the Electors of President and Vice President of the United States;" "An act directing the Auditor of Ac- counts to audit an account of Thomas Tolman;" "An act in addition to an act incorporating & establishing an Academy in Dorset;" "An act to enable the Proprietors and Land owners of the Township of New Hunt- ington to divide their lands into severalty;" "An act directing the Treasurer to pay Freeman Vining the sum therein mentioned," and "An
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act directing the Treasurer of the State of Vermont to pay Amherst Willoby & Abijah Stone the sums therein mentioned." and being sev- erally read & considered, Resolved, To concur with the house in passing said bills into laws.
Received from the house the following resolution: "In General As- sembly Nov. 9, 180S, Resolved that a Come of three members be ap- pointed from the house, to join such Committee as the Governor & Council may appoint, to take into consideration the expediency of pro- curing a bell and other furniture for the State House, and the expediency of painting said house, and appointing a Surveyor of the public build- ings in Montpelier, and also the procuring maps of this State for the use of the Legislature, and report by bill or otherwise-Members chosen, Messs. Olin, Cameron & Ware. Extract from the Journals, Att. M. Post Clk." and the same being read, Ordered, That Mr. Chipman join the Committee from the house on the foregoing resolution.
The joint Committee on the bill Entitled "An act in explanation of an act for the limitation of suits on penal statutes &c." reported an amendment to be made to said bill, which was adopted, and thereupon Resolved, That said bill pass, and Ordered that the same be Engrossed and sent to the General Assembly for their revision & concurrence.
Received from the house of Representatives a bill Entitled " An act designating what fees shall be allowed the President and Directors of the Vermont State Bank," with this order thereon: " In General As- sembly Nov. 7, 1808, This bill was brot in on motion & leave by Mr. Luce, read and referred to Mess8. Luce, Morris & Linsley to join a Com- mittee from Council. Attest M. Post Clerk," and the same being read, Ordered, That Mr. Buckingham join the above Comee of the house.
An Engrossed bill, passed in the house of Representatives, Entitled "An act laying a land tax of two cents per acre on the town of Newark," was sent up for revision &c. read & Resolved, That it be recommended to the General Assembly to refer the consideration of said bill to the next session of the Legislature, and Ordered, That Mr. Chipman inform the house of the reasons of the Governor & Council for proposing said reference.
The following Engrossed bills, passed in the house of Representatives, were sent up for revision &c. viz. "An act laying a tax of two cents per acre on the town of Burke;" " An act for the relief of Stephen Wood- ward;" " An act extending the time & directing the mode of collecting the cent tax on the town of Enosburgh," and " An act establishing a Corporation, by the name of the Stratton Turnpike Company," and be- ing severally read, Resolved, To concur with the house in passing the same into laws.
An Engrossed bill, passed in the house of Representatives, Entitled "An act confirming the proceedings of the Selectmen of Barnet in as- 'sessing the State prison tax on said Town," was sent up for revision &e. read & Resolved, To nonconcur with the house in passing said bill into a law, and Ordered, That Mr. Chipman inform the house of the reasons of the Governor & Council for their said nonconcurrence.
Adjourned to 9 O'clock Tomorrow morning.
THURSDAY, November 10th, 1808, 9 O'clock A. M.
The Council met pursuant to adjournment.
Received from the house the following written message: " In General Assembly Nov. 9, 1808, Resolved, that this house concur with the Gov- ernor and Council in their amendment to the bill Entitled " An act in-
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corporating certain persons therein named by the name of the Swanton Missisquoi Bridge Company," and a bill Entitled "An act incorporating certain persons therein named by the name of the Swanton [Sheldon ] Mis- sisquoi Bridge Company." And the said bills have passed into laws. Also Resolved, to concur with the Governor & Council in their resolution appointing Thursday morning at ten o'clock for the two houses to meet in joint Committee for the purpose of electing a Chief Judge of the County Court in the County of Essex, in the room of Haines French declined, and an Auditor of accounts against the State. Also, Resolved, to concur with the Governor & Council in their amendment to the reso- lution appointing a time for the two houses to meet in joint Committee for the purpose of electing Directors of the Vermont State Bank for the year ensuing. Extract from the Journals, Attest Martin Post Clerk." The Council again took under consideration the bill Entitled "An act directing the Treasurer to pay Daniel Oatman the sum therein men- tioned," and on motion, Resolved, That it be recommended to the Gen- eral Assembly to refer the further consideration of this bill to the next session of the Legislature, and Ordered that Mr. Chipman inform the house of the reasons of the Governor and Council for proposing said reference.
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 empowering the proprietors of Lutterloh to complete the survey of said town;" "An act granting to Elias Buel the sum therein mentioned;" "An act directing the Treasurer to pay James D. Butler and Johnson Richardson the sums therein mentioned;" "An act freeing the Hartford Manufacturing Company from assessment or taxes;" "An act to provide for the collection of the State prison tax on Tun- bridge Gore," and, "An act annexing part of the town of Huntington alias New Huntington to the town of Bolton," and said bills being sev- erally read and considered, Resolved, To concur with the house in passing them into laws.
Received from the house the following resolution, viz. " In General Assembly Nov. 7, 1808, Resolved, the Governor and Council concurring herein, that both houses meet in the Representatives' room at twelve O'clock A. M. on Thursday next, for the purpose of adjourning the General Assembly without day; read & adopted. Extract from the Journals, Att. M. Post Clerk," and the same being read, Ordered, That said resolution be referred to Mr. Hatch to enquire and make report at what time the General Assembly can safely adjourn without public det- riment, who reported tomorrow morning at 10 O'clock; adopted, where- upon Resolved, To concur with the house in said resolution as amended, & Ordered, That Mr. Chipman inform the house of the reasons of the Governor & Council in postponing the same.
On motion Mr. Dana obtained leave to introduce a bill Entitled "An act in addition to an act assessing a tax of seven mills on each acre of land in the County of Essex, passed Nov. 6th, 1807," and the same being read, Resolved, That said bill do pass, and ordered, that the same be Engrossed and sent to the General Assembly for their concurrence.
The Committee on the bill Entitled "an act appointing a Committee for the purposes therein mentioned," reported that said bill ought not to pass, whereupon Resolved, To nonconcur with the house in passing said bill into a law for the following reasons, to wit, For that the Com- mittee appointed to superintend the expenditure of said tax have not advertised the same agreeably to law, having notified the proprietors to work out half of the tax the last season, and the other half the next season, whereas the law required said Committee to notify the proprie-
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tors to work out the whole of their tax the last season. It would there- fore be of no use to pass this act.
Pursuant to the concurrent resolution of both houses, the Governor & Council proceeded to the Representatives' room and met the house in joint Committee for the purpose of Electing the Directors of the State bank and the Auditor of accounts against the state for the year ensuing, and also a Chief Judge of the County Court of Essex County, in the room of Haines French declined, and after having completed the election of the Directors of the State Bank, the joint Committee was adjourned untill three o'clock P. M. and the Governor & Council returned to their Chamber and adjourned to 2 O'clk P. M.
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