USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 32
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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 supplementary to an act Entitled an act incorporating a Company of Artillery in Montpelier;" "An act extending the time for completing the Sand-Bar Turnpike;" "An act reviving an act laying a tax on Moretown;" "An act in addition to an act establishing the Passumpsick Turnpike Company;" "An act to revive an act laying a tax of three cents per acre on the town of Hop- kinville, passed 31st October 1806;" "An act making compensation to the Directors of the [State ] Bank;" "An act for the relief of the Admin- istrators of Jonathan Parker Esquire deceased;" "An act directing the State Printer to publish the rules of discipline and laws regulating & governing the Militia of this State;" "An act directing the Treasurer to pay Samuel Frizzle the sum therein mentioned," and "An act dircet- ing the Treasurer to pay the sums therein mentioned," and being sev- erally read and considered Resolved, To concur with the house in passing said bills respectively into laws.
Received from the House of Representatives the following resolution, to wit, " In General Assembly Nov. 10, 1808, Resolved, the Governor & Council concurring therein, that both houses meet in joint Committee at half past three O'clock this afternoon, for the purpose of electing five persons for Visitors of the State Prison. Extract from the Journals, Attest M. Post Clerk," and the same being read, Resolved To concur with the house therein.
An Engrossed bill, passed in the house of Representatives, Entitled "An act laying a tax of three cents per acre on the town of Westmore," was sent up for revision &c. read, & on motion Resolved, That it be recommended to the house to refer the further consideration of this bill to the next session of the General Assembly, and Ordered, That Mr. Chipman inform the house of the reasons of the Governor & Council in proposing said reference.
An Engrossed bill, passed in the house of Representatives. Entitled "An act directing the Treasurer to pay Elisha King & Thomas Rem- ington the sums therein mentioned," was sent up for revision & concur- rence or proposals of amendment, read & on motion Resolved, That it be recommended to the house to refer the further consideration of this bill to the next session of the General Assembly, and ordered that Mr. Chipman inform the house of the reasons of the Governor and Council in proposing said reference.
An Engrossed bill passed in the house of Representatives Entitled "An act in addition to an act Entitled an act to provide for the compi- lation & printing of the laws of this State, passed Octr. 26, 1807," was sent up for revision & concurrence or proposals of amendment, read, amended & on motion, Resolved, To concur with the house in passing said bill into a law with these proposals of amendment: after the words "one copy" 1st line 2nd page, insert "in full compensation for their ser-
234
Governor and Council -November 1808.
vices, by their assent," & erase after the said words "one copy" to the word "And" in the sixth line, same page; and Ordered, That Governor Brigham inform the house of the reasons of the Governor & Council in proposing said amendments.
Pursuant to adjournment & also pursuant to the concurrent resolution of both houses, the Governor & Council proceeded to the Representa- tives' room and met the house in joint Committee for the purpose of Electing a Chief Judge of the County Court for Essex County in the room of Haines French declined, An auditor of accounts against the State for the year ensuing, and Five Visitors of the State Prison, and [having] completed the same, the joint committee was dissolved and the Governor & Council returned to their Chamber and resumed the con- sideration of business before them.
Mr. Hutchinson, from the house, returned the bill Entitled "An act in addition to an act Entitled an act to provide for the compilation & printing of the laws of this State, passed Oct. 26th, 1807," to which the Governor & Council had made certain proposals of amendment, with this order thereon: "In General Assembly Nov. 10, 1808, Read & re- solved to nonconcur with the Governor & Council in the amendments to this bill, and Mr. Hutchinson appointed to return the bill & assign the reasons to the Council. Attest M. Post Clerk," and after assigning the reasons, Mr. Hutchinson withdrew, Whereupon, on motion Resolved, To rescind from the said proposals of amendment, and to concur with the house in passing said bill into a law.
The Debenture of the Lt. Governor & Council was read and passed as follows, to wit-
Miles Travel.
Amount
Mileage.
Days
Attendance.
Amount
of
Attendance.
Whole
Amount.
Paul Brigham Lt. Govr.
50
6-
30
120
126,-
Elias Keyes .. .
42
5 04
24
36
41 04
Chauncey Langdon.
72
8 64
26
39
47|64
Daniel Chipman
56
6 72
30
45
51 72
Solomon Miller.
30
3 60
28
42 -
45,60
Zerah Willoby.
43
5.16
30
45
50 16
Asa Lyon ..
64
7.68
30
45 -
52|68
Samuel Fletcher.
100
12 -
23
34 50
46 50
Reuben Hatch ..
72
8 64
30
45 -
53 64
Jedediah P. Buckingham.
42
5 04
25
37 50
42 54
Daniel Dana.
78
3|36
30
45 -
54 36
John Elsworth.
33
3 96
30
45 -
48 96
Noalı Chittenden
30
3.60
30
45 -
48 60
William Page Junr. Secy.
62
7 44
29
72 50
79 94
Joseph Armington Sheriff.
38
4 56
30
45
49.56
Old Council-
Asaph Fletcher
70
8 40
2
3.00
11 40
Samuel Shepardson.
120
14 40
2
3
17 40
Samuel Shaw.
80
9 60
2
3
12 60
Nathaniel Niles
36
4 32
2
3
7|32
Ebenezer Wheelock
70
8 40
2
3
11 40
Beriah Loomis.
39
4 68
2
3
7 68
Josiah Wright.
160
19 20
3
22|20
Ezra Butler. .
12
1 44
2
3
4 44
Rollin C. Mallary Secy.
80
9 60
7 50
17 10
950|48
of
-
235
Governor and Council-November 1808.
On Motion, Ordered, That Mr. Willoby be a Committee to receive the Debenture of the Lt. Governor & Council.
Received again from the house the 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. 10, 1808, read & recommitted. Attest M. Post Clk." and the same being read, Resolved, To concur with the house in their said recommittment.
Adjourned untill 8 O'clk Tomorrow morning.
FRIDAY November 11th, 1808, 8 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, to wit, "An act establishing a Corporation by the name of the Strafford Turnpike Company;" "An act laying a tax of three cents per acre on Deweysburgh;" "An act appointing a Surveyor of the Public buildings of this State in Montpelier;" "An act to remedy a mistake made in the lists of the present year;" "An act authorising the Sheriff of Caledonia County to procure a suitable guard to secure State Prison- ers in the Common Goal in Danville;" "An act appointing a Committee to alter a certain road therein mentioned;" "An act in addition to and alteration of an act appointing a Committee to lay out a County road from the South end of Lake Memphremagog through the County of Or- Jeans to the Sonth line of Elmore;" "An act directing the Treasurer to pay Alexander Hutchinson the sum therein mentioned;" "An act mak- ing the necessary appropriations for the support of government during the present session and for other purposes;" "An act designating what fees shall be allowed the President and Directors of the Vermont State Bank;" "An act to enable the first constable of Barnet to collect the State Prison tax;" "An act relating to the Tax on Deweysburgh," and "An act for the relief of Rufus Flint," and the same being severally read & considered, Resolved, To concur with the house in passing them respectively into laws.
On Motion Resolved, the General Assembly concurring herein, that the unfinished business remaining at the close of the present session of the Legislature before both houses be referred to the next session of the General Assembly, then to be taken up and acted upon anew in the house of Representatives.
On motion, Mr. Langdon obtained leave to bring in a bill Entitled "An act for the relief of Arunah W. Hyde," and the same being read, Resolved, That said bill do pass, & ordered that it be sent to the house for their concurrence.
Received from the house the following written message: " In General Assembly Nov. 10, 1808, Resolved that the house concur with the Gov- ernor & Council in passing the bill Entitled "An act in explanation of an act for the limitation of snits on penal statutes &c." and the bill En- titled "An act in addition to an act assessing a tax of seven mills on each acre of land in the County of Essex," and the said bills have be- come laws of this State. Extract from the Journals, Attest Martin Post Clerk."
On motion, Mr. Lyon obtained leave to introduce a bill Entitled "An act explaining an act assessing a tax on all the lands in this State, for the purpose of erecting a State Prison," and the same being read, Re- solved, That the same do pass, and ordered that the same be sent to the house for their concurrence.
236
Governor and Council-November 1808.
On motion, Mr. Dana obtained leave to introduce a bill Entitled "An act in addition to an act Entitled an act assessing a tax on the County of Essex, passed Nov. 5, 1806," and the same being read, Resolved, That said bill do pass, and ordered, that the same be sent to the house for their concurrence.
On motion of Mr. Chipman, Resolved, The house of Representatives concurring herein, that the State Printer be and he is hereby directed to deliver to the Reverend Tilton Eastman Fifty copies of his Election Sermon, and the Auditor of accounts is hereby directed to audit the ac- count for the same and draw an order on the Treasurer therefor. Or- dered, That the above resolution be sent to the house for their con- currence.
Received from the house the following resolution, viz. "In General Assembly Nov. 11, 1808, Resolved, the Governor & Council concurring herein, That his Excellency the Governor of this State be and he is hereby requested to make such communications to the Supreme Execu- tives of the Province of Lower Canada as in his opinion will be most likely to obtain the legislative aid of the Province to remove and dis- perse or otherwise punish that band of Counterfeiters which infests the Southern borders thereof and are constantly preying upon the property of the good Citizens of this and the United States. Read, adopted & ordered to be sent to the Governor and Council for their concurrence. Extract from the Journals, Attest M. Post Clerk," and the same being read, Resolved, To concur with the house therein.
Mr. N. Chipman, member of the house, returned to the Council the bill Entitled " an act for the relief of Arunah W. Hyde " with a proposal of amendment made thereto by the house, in which the concurrence of the Council was requested, and the same being read, Resolved, To con- cur with the house in their proposed amendments. Ordered, That the Secretary inform the house of the same.
An Engrossed bill passed by the house of Representatives Entitled "An act directing the Treasurer of this State to loan Parley Davis the sum therein mentioned," was sent up for revision &c. and being read, on motion, Resolved, To nonconcur with the house in passing said bill into a law, and Ordered That Mr. Chipman inform the house of the rea- sons of the Governor & Council for said nonconcurrence.
Received from the house of Representatives the following written message, to wit, "In General Assembly Nov. 11, 1808, Resolved that this house concur with the Governor & Council in passing the bill Enti- tled "An act explaining an act assessing a tax of one cent per acre on all the lands in this State for the purpose of erecting a State Prison," and a bill Entitled "An act in addition to an act assessing a tax on the County of Essex, passed Nov. 5, 1807;" also Resolved to concur with the Governor & Council in their amendments to the bill Entitled " An act incorporating the Burlington Fire Society." Also, Resolved to con- cur with the Governor & Council in adopting the resolution directing the State Printer to deliver the Revd Tilton Eastman fifty copies of his Electiou sermon &c .- and also in the amendment proposed by the Governor & Council to the resolution for adjourning the Legislature without day. Extract from the Journals, Attest Martin Post Clerk."
Received from the house the following resolution, viz. " In General Assembly Nov. 11, 1808, Resolved, the Governor and Council concur- ring herein, that the Treasurer pay to James Topliff twenty dollars, being a mistake in his debenture as a member of the General Assem- bly. Read & adopted. Attest M. Post Clk." and the same being read, Resolved, To concur with the house therein.
Mr. T. Hutchinson, from the house, appeared in the Council Chamber
237
Governor and Council-November 1808.
and informed the Governor & Council that the house having finished the business before them were now ready to meet the Governor & Council in the Representatives' room for the purpose of adjourning the General Assembly without day, & withdrew. The Governor & Council immedi- ately proceeded to the Representatives' room, for the above purpose, and, after an appropriate prayer by the Revd Mr. Wright, the Chaplain, the Sheriff of Caledonia County, by order of his Excellency the Gover- nor, by public proclamation adjourned the General Assembly without day. A true Journal,
Attest WILLIAM PAGE Jr. Secy.
.
.
THIRTY-THIRD COUNCIL.
OCTOBER 1809 TO OCTOBER 1810.
.
JONAS GALUSHA, Shaftsbury, Governor. PAUL BRIGHAM, Norwich, Lieut. Governor.
Councillors :
BERIAH LOOMIS, Thetford, NOAH CHITTENDEN, Jericho,
ELIAS KEYES, Stockbridge, JOSIAH WRIGHT, Pownal, EZRA BUTLER, Waterbury,
FREDERICK BLISS, Georgia,
GILBERT DENISON, Guilford,
SAMUEL C. CRAFTS, Craftsbury,
HAINES FRENCH, Maidstone,
HORATIO SEYMOUR, Middlebury,
WILLIAM HUNTER, Windsor,
APOLLOS AUSTIN, Orwell.
WILLIAM PAGE, Jr., Secretary until Oct. 14. ROLLIN C. MALLARY, Castleton, Secretary from Oct. 14. ISRAEL P. DANA, Danville, Sheriff.
BIOGRAPHICAL NOTICES.
FREDERICK BLISS settled in Georgia in 1786, and represented that town in the General Assembly of 1819. He was Assistant Judge of Franklin County Court 1804 until 1813, and 1815 until 1818 ; Judge of Probate 1813 ; Delegate in the Constitutional Convention of 1814 ; and Councillor 1809 until 1813, and 1815 until 1819. "He was the peace- maker of the town, the arbiter of all difficulties, and the promoter of every good cause. He was not ambitious of wealth or honors, yet both came to him to his heart's content. He died childless, Nov. 8 1827, aged 65 years."-Vt. Hist. Mag. Vol. II, article "Georgia;" and Dem- ing's Catalogue.
GILBERT DENISON represented Guilford in the General Assembly 1805 until 1809 ; was Judge of Probate 1806 until 1811, and in 1816 ; Sheriff of Windham County 1811 and '12 ; Assistant Judge 1817 until 1820 ; and Councillor 1809 until 1812 .- Deming's Catalogue.
239
Biographical Notices.
SAMUEL CHANDLER CRAFTS was born in Woodstock, Conn., Oct. 6 1768, son of Col. Ebenezer Crafts ; graduated at Harvard University in 1790, and in 1791 settled in Craftsbury. He was the Clerk of that town 1799 until March 1829, thirty years; Delegate to the Constitutional Convention in 1793, being the youngest member in that body, and again in 1829, and was its President; Representative of Craftsbury in the General Assembly 1796, 1800, 1801, 1803, and 1805; Clerk of the House 1798 and 1799 ; Councillor 1809 until 1813, and again in 1825 and '6; Assistant Judge of Orleans County Court 1800 until 1810 ; Chief Judge 1810 until Dec. 1816, and again 1825 until 1828; Clerk of the Courts 1836 until 1838 ; Register of Probate 1796 until 1815 ; Member of Congress 1817 until March 1825 ; Governor 1828 until 1831 ; United States Senator Dec. 1842 until March 3 1843 ; and Presidential Elector in 1840. "In June 1802, while there were but few log huts on the site of the present city of Cincinnati, he commenced a tour of observation to the lower Mississippi, and, in company with Michaux the younger, made a botanical reconnoissance of the Valley of the Great West in canoes and arks." He had the confidence of the people of Vermont to as large a measure as any other public man, was modest and unassuming in de- portnient, and active in every good work, serving for many years as an officer of State Benevolent Societies. He died Nov. 19 1853 .- Drake's Dictionary of American Biography; Deming's Catalogue.
Maj. HAINES FRENCH (son of John French, who came from Wal- pole, N. H., to Maidstone previous to 1774, and brother of John French, who was a captain in the continental army,) was born about the year 1760, and at the age of fifteen became a servant to Maj. Whitcomb of the revolutionary army,1 and was with him at the siege of Quebec under Montgomery, when he became a prisoner of war. In the winter of 1813, through Congressman James Fisk, he obtained a commission as Major in the 31st Regiment, U. S. Infantry, in the division of Maj. Gen. Wade Hampton, and he entered upon the service with three of his sons, one of whom (Homer) was killed in the battle of Chippewa. Maj. French died previous to that event, having. on the march, been stopped at Chateaugay Four Corners, N. Y., by an illness which proved fatal about the middle of November 1813. He had not the advantages of even a district school, and was taught to write by his wife after mar-
1 Whitcomb (probably Benjamin Whitcomb) asserted that, on orders from Washington to shoot a British General, in retaliation for the wall- ton massacre of Americans by British Indians and their officers, he went from Ticonderoga into Canada and shot Gen. Gordon, receiving a Major's commission therefor. For Whitcomb's account, related by him in his last sickness to David Goodall Esq. of St. Johnsbury, see Vt. His- torical Magazine, Vol. I, p. 1065. As related the affair was extraordinary, but the editor of this volume remembers no confirmation of it.
1
240
Biographical Notices.
riage ; but he was a great reader and acquired much valuable informa- tion, which, with his good sense and experience in the Legislature and the Courts, made him a useful man. He represented Maidstone in the General Assembly 1793 and '4, 1796 and '7, and 1802 until 1808, and was a Delegate in the Constitutional Convention of 1793. He served as Clerk of Essex County Court 1802 until 1813 ; and was Councillor 1809 and '10. He was elected Chief Judge of the County Court in 1808, but he declined to serve .- Vt. Hist. Mag. Vol. I, p. 1039 ; and Deming's Catalogue.
HORATIO SEYMOUR, LL. D., was born in Litchfield, Conn. May 31 1778, graduated at Yale College in 1797, came to Middlebury 1799, and was admitted to the bar in 1800, soon winning an extensive practice. He was State's Attorney for Addison County 1810 until 1813, and again 1815 until 1819 ; Judge of Probate 1847 until 1856 ; and Councillor 1809 until 1814. In 1820 he was elected U. S. Senator, and was re-elected in 1826, serving from March 1821 to March 1833. His election in 1826 was very zealously contested by Cornelius P. Van Ness, who felt his defeat keenly, charged it to the interference of John Quincy Adams, whose administration he then abandoned, and, so far as he could do so, trans- ferred his friends over to the then Jackson party, of which he became the chief in Vermont. Mr. Seymour died Nov. 27 1857. For his por- trait, sce Swift's History of Middlebury .-- Vt. Hist. Mag. Vol. I, p. 59 ; Deming's Catalogue ; and Walton's Vermont Register. See also, as to Gov. Van Ness, Vt. Hist. Mag. Vol. I, pp. 612 and 613.
WILLIAM HUNTER represented Windsor in the General Assembly 1795, 1807 and 'S; was Councillor 1809 until 1813, and in 1815; Member of Congress March 1817 to March 1819; Register of Probate 1798 until 1801; Judge of Probate 1801 and 2; Assistant Judge of the County Court 1805 until 1816; and member of the Council of Censors in 1806 and 1820 .- Deming's Catalogue.
APOLLOS AUSTIN represented Orwell in the General Assembly in 1819; served as Councillor one year only; was a member of the Council of Censors in 1806, and Presidential Elector in 1816 and 1828. He was an ardent politician (though rarely in office) of the Jeffersonian school, offered of his abundant wealth to discharge the fine of Matthew Lyon under the sedition act, and voted for Monroe in 1816, and John Quincy Adams in 1828 .- Deming's Catalogue; and Vt. Legislative Directory for 1876-7. See Vol. IV, pp. 494-496, note.
1
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION WITH THE GENERAL ASSEMBLY AT MONTPE- LIER, OCTOBER 1809.
-
STATE OF VERMONT SS. Journal of the proceedings of the Governor and Council of the State of Vermont begun & holden at Montpelier on the Second thursday of October (being the twelfth day of said month) pursuant to the laws & Constitution of this State A. D. 1809: Present, His Excellency Isaac Tichenor Esquire Governor; His Honor Paul Brigham Esquire Lieutenant Governor; Of the Council The Honble Elias Keyes, Chauncey Langdon, Solomon Miller, Zerah Willoby, Asa Lyon, Samuel Fletcher, Reuben Hatch. Daniel Dana, John Ellsworth & Noah Chittenden Esquires. William Page Jr. Secretary; Israel P. Dana Esquire Sheriff of Caledonia County.
Mr. Leland [Aaron Leland] from the house, a member thereof, ap- peared in Council and informed the Governor & Council that the House had organized and were ready to Proceed on the business of their meet- ing. Ordered, On motion, that the Secretary inform the House that a quorum of the Council are formed, [and] that they are now ready to proceed to business.
On Motion, Resolved, that the Governor and Council proceed to the appointment of a Committee of Seven to receive, sort & Count the votes for the Governor & Lt. Governor & Treasurer & Councillors. Members Chosen, Messrs. Hatch, Langdon, Keyes, Chittenden, Miller, Lyon & Dana were chosen and sworn.
Recd from the House the following Resolution, Viz. " In General As- sembly Oct. 12th, 1809, Resolved that a Committee of three members from each County be appointed to Join such Committee as the Governor and Council may appoint to receive, Sort and Count the votes for Gov- ernor, Lt. Governor, Treasurer, and Councillors for the Year ensuing, and report to the General Assembly as soon as may be. Read & adopted. Gentlemen Chosen were Messrs. Graves, Pratt & Henry; May, Knight & Leavitt; P. Smith, Hendee & J. Clark; Hutchinson, Hatch, Clapp: Olin, Edmond, C. Rich; Chase, Stacy; Barney, Corse, Bostwick; Griswold, Cahoon, Fifield; Littlefield, Farnsworth, Holmes; [Royal] Corbin, Thomas Taylor, Baxter ; Ingham, Foot, M. Rich; A. Hall, Borden & Sowles. Attest M. Post Clerk."
Adjd to 4 o'clock P. M.
4 O'CLOCK P. M .- The Council met pursuant to adjt.
Mr. Hutchinson from the House informed the Governor and Council that the General Assembly were convened and ready to meet the Gov- ernor and Council in the Representatives' room for the purpose of hearing the report of the Committee appointed to receive, sort & Count the Votes for Governor, Lt. Governor, Treasurer, & Councillors for the Year ensuing. The Governor and Council accordingly pro-
16
242
Governor and Council-October 1809.
ceeded to the Representatives' room when the following report was Produced by said Committee & read:
To the Hon. the Gen' Assembly now sitting-The Committee ap- pointed to receive, sort & Count the Votes for Governor, Lt Gov. Treasurer & Councillors for the year ensuing, do report & declare that the Honorable Jonas Galusha Esquire is elected Governor; that His Honor Paul Brigham Esquire is Elected Lt. Governor; Benjamin Swan Esquire is Elected Treasurer; And that the Honorable Elias Keyes, Ezra Butler, Gilbert Dennison, Horatio Seymour, Appollos Austin, Beriah Loomis. Noah Chittenden, Frederick Bliss, Samuel C. Crafts, Josiah Wright, William Hunter & Haines French Esquires were elected Councillors for the Year ensuing. Montpelier 12th October 1809.
E. KEYES for Committee.
And Said Report being read, the Sheriff of Caledonia County, by the Direction of His Excellency the Governor, made Public Proclamation of the Same and the Governor & Council returned to their Chamber & adjourned to 9 O Clock tomorrow morning .-
1 From Spooner's Vermont Journal of Oct. 23 1809:
MONTPELIER, Oct. 13.
On Thursday last, the General Assembly of Vermont convened in this town. About eleven o'clock a procession was formed near the Academy, in the following order: The Artillery Company, commanded by Capt. [Isaac] Putnam; the 2d Light Infantry Company, commanded by Captain Palmer; the 1st do. commanded by Captain [Jeduthun] Loomis; the citizens; the Governor and Council; the Rev. Clergy; Members of the House, and Judges of the Supreme Court; from whence they proceeded to the State-House, where an appropriate discourse was delivered by Elder Sylvanus Haynes, of Middletown, from Prov. xiv. 24. Righteousness exalteth a nation, but Sin is a reproach to any people. Soon after the exercises, the result of the election was declared.
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