USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 33
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VOTES FOR GOVERNOR.
Counties.
Galusha.
Tichenor.
Scuttering.
Addison
1362
1392
48
Bennington
1338
1000
63
Caledonia
1124
1127
34
Chittenden
1040
1271
36
Essex
130
206
2
Franklin
962
1213
37
Grand Isle
94
289
5
Orange
1754
1274
57
Orleans
341
415
6
Rutland
2482
1589
94
Windham
1195
2327
33
Windsor
2761
1364
83
Totals, Majority for Galusha 618.
14583
13467
498
The artillery company, referred to above, was incorporated Nov. 7. 1808, by the name of the Washington artillery. Its members consisted entirely of persons who, except by enlistment in this company, were ex- empt from military duty. The company was subject to the orders of the governor, required to muster on the second Thursday of October annu-
243
Governor and Council-October 1809.
FRIDAY Oct. 13th, 1809, 9 OClock A. M.
Present in Council His Honor Paul Brigham Esqr. Lt. Gov. Of the Council, The Hon. Elias Keyes, Noah Chittenden, Beriah Loomis, Ezra Butler, Frederick Bliss. Josiah Wright & William Hunter Esquires. William Page Jr. Secretary; Israel P. Dana Sheriff. The above mem- bers of Council with His Honor the Lt. Governor were severally sworn to the faithful discharge of their respective offices by the Honorable Chief Justice.
Ordered, That the Secretary notify the absent members of their elec- tion and request their attendance on Council as soon as may be.
Ordered, That the Secretary inform the House that a quorum has formed, & that they are ready to proceed to business.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Recd from the House the pet. of Jonathan Whitney & others for a new town to be made from Tunbridge, Bethel, Randolph & Royalton, with this order thereon: In Gen. Assembly Oct. 13th, 1809. Read & referred to Messrs Clapp, Dana A. Robinson, Bass & J. Parker to join a Commee from Council. Attest M. Post Clerk, and being read it was Resolved to join the above Comee and Mr. Keyes was appointed.
Recd from the House the Petition of Elias Keyes " Praying the Legis- lature to take his turnpike Stock and Pay him interest for the same at the rate of Six Pr Ct." with this order of the House thereon: In Gen. Assembly Oct. 13th, 1809. Read & referred to Mess Jacob Smith, Linsley, P. Smith, Walbridge & Chamberlin, to join a Committee from
ally, being "election day," and to elect its officers on the succeeding Mon- day, when the governor reviewed the company, making a brief speech usually, and delivered commissions to the new officers. On the procla- mation of the election of state officers, the governor, lieutenant gover- nor, and treasurer were saluted, each of them, by a gun; then the Council were saluted by one gun; after which a gun was fired for each State in the Union. From the peculiar constitution and duties of this company, it was often called the governor's guard. It corresponded well with the " Ancient and Honorable Artillery Company " of Massa- chusetts, and was well maintained until about 1836. D. P. Thompson, in his History of Montpelier, thus described the company at its first ap- pearance in 1809, but erroneously dating in 1808:
A fine artillery company, uniformed throughout with plumed Bona- parte hats and the dress of field officers in all except the epaulette on the privates, was organized from among the first citizens of this and the neighboring towns, to serve as the Governor's Guard, and be in especial attendance on Election days. Of this company Isaac Putnam, a man nearly six-feet-six high, weighing over two hundred pounds, well pro- portioned, and as noble in soul as in body, had the honor of being chosen the first captain, and no one of those present now living can fail to recall his fine and commanding military appearance on those occa- sions as he stood up between his soldiers and the encircling crowd, like Saul among the people.
See printed Laws of Vermont, 1808, p. 63; and D. P. Thompson's History of Montpelier, p. 111.
.
244
Governor and Council-October 1809.
Council. Attest M. Post Clerk, and being read, Resolved to Concur with the House in the above reference & that Mr Wright join said Comee.
Reed from the House the Pet. of the Selectmen of Leicester for a new Comee to examine anew the County road from Middlebury to West Rutland &c. With this order of the House thereon: In Gen. Assembly October 13th, 1809. Read & Referred to Messrs Whitney, Myrick & Mason to join a Comee from Council. Attest M. Post Clerk, which being read Resolved that Mr Loomis join the said Committee from the House.
Adj'd to 9 Oclock tomorrow morning.
SATY, 14, Oct. 9 Oclock A. M.
The Council met pursuant to adjournment.
Reed from the House the following resolution: In Gen. Assembly Oct. 13th, 1809. Resolved that a Committee of 5 members be appointed to Join such Commee as the Governor & Council may appoint to take under consideration all the Petitions for new trials: Members ehosen Messrs Knight, C. Rich, G. Robinson, Cahoon & Ware. Extract from the Journal, Attest M. Post Clerk. Which was read and it was Re- solved, that Messrs Loomis & Butler join.
Also Recd from the House a resolution appointing a Committee to take under consideration all Petitions for acts of insolvency & suspen- sion; Members Chosen Messrs Chipman, Griswold, Dewey, Olin & Barnes, & being read Resolved, that Messrs Wright & Hunter join said Committee.
Also a Resolution appointing a Committee of Claims, consisting of Messrs Henry, Linsley, P. Smith & C. Rich, which being read it was Resolved, to Concur with the House in passing the same & Mr Keyes was appointed to join.
Also a resolution appointing a Committee denominated the Turnpike Committee, consisting of Messrs Wilmarth, Shafter, Fox, Delano & Harrington, which was read & it was Resolved, that Mr Bliss Join said Committee.
Also a Resolution appointing Messrs Ware, J. Smith, & Dewey to take charge of certain maps Provided by the Surveyor of public build- ings & direct in what manner & Place they shall be affixed in the State House for the accommodation of the Legislature, which was read & it was Resolved that Mr. Chittenden Join said Committee.
Received from the House the following Petitions Praying for acts of insolvency & suspension : one from Abijah H. Hale & others ; one from John G. Wheelock; one from Thomas Miller; one from Daniel Coit ; one from Nathan Boynton Jr. and a remonstrance of James Smith agt the Petition of Nathan Boynton Jr. With this order on each: "In Gen. Assembly Oct. 13th 1809. Resolved to refer the same to the joint Committee of Insolvency & Suspension," which were severally read & it was Resolved to Coneur with the House in the aforesaid reference.
Reed from the House the Petition of William Slade & others for a turnpike road from Hubbarton Turnpike road to Middlebury, & a Turn- pike road from the west end of Stratton Turnpike to New York line, with this order of the General Assembly: October 13th, 1809, read & referred to the joint Committee of Turnpikes, Attest M. Post Clerk, which was read & it was Resolved to Concur with the house in the above reference.
Reed from the House the Petition of Robt Bowne & others praying for an act of incorporation for the Purpose of smelting & refining ores
·
245
Governor and Council-October 1809.
within this State, with this order thereon: In General Assembly Oct. 13th, 1809. Read & referred to Messrs Williams, Chipman & Jacob Smith to join a Committee from Council. Attest M. Post Clerk, and being read it was Resolved to Concur with the House in the above refer- ence and Gov. Brigham & Mr Butler were apptd to join the Comee of the House.
His Excellency Jonas Galusha Esquire Governor Elect, appeared in Council and accompanied by the Lt. Governor & the Honorable Council who were Present, according to Previous notice, Proceeded to the Representatives' room and after the Oaths required by the constitution & Laws of this State were administered to him by the Honorable Chief Judge of the Supreme Court of Judicature, His Excellency delivered to both Branches of the Legislature the following speech. 1
And then the Governor & Council returned to their Chamber & re- sumed the Consideration of business.
Reed from the House a Petition of sundry inhabitants of Brookline praying for the privilege of representation in the Gen. Assembly, with this order thereon: In Gen. Assembly Oct. 13th, 1809. Read & referd to a Comee of three to join a Comee from Council. Members chosen Messrs McLaughlin, Peckham & Hungerford. Attest M. Post Clerk, which being read it was Resolved that Mr Hunter Join. Also reed the Petition of Samuel Burnell praying the legislature to empower him to sell lands as administrator of Arba Green &c. with this order thereon: In Gen .. Assembly Oct. 13th, 1809. Read & referred to a comee of three to join a comee of Council. Messrs Thayer, Eastman & Painter appd. Attest M. Post Clerk, which being read it was Resolved to concur & that Mr Bliss join said committee. Reed also the Pet. of the town of Brandon for an act to legalize the records of that town, with this order thereon: In Gen. Assembly Oct. 13th, 1809. Read & referred to a Comee of three members to join a comee from Council. Messrs Flagg, Andrus & Norton chosen. Attest M. Post Clerk, which was read & it was Resolved that Mr Keyes join.
Adjourned to 2 Oclock P. M.
2 O'CLOCK P. M .- His Excellency the Governor was Pleased to ap- point R. C. Mallary Secretary for himself & Council, and the oaths re- quired by the Constitution & Laws were administered by his Excellency the Governor.
Reed from the House the Petition of Silas Hathaway with this order of the House thereon: In General Assembly Oct. 13th, 1809, Read & referred to the joint Comee of insolvency & Suspensions. Attest M. Post Clerk, which was read & it was resolved to join in the reference.
Reed from the House the Petition of the inhabitants of Kirby with the following order of the House thereon: In General Assembly Oct. 13th, 1809. Read & referred to the jt Comee on the Pet. of the town of Brandon. Attest M. Post Clerk, Which being read it was Resolved to Concur with the House in Passing the same.
Received from the House the Petition of Ezekiel Buell & others, thereon the following order of the House: In General Assembly Oct. 13th, 1809. Read & referred to the joint Military Committee. Attest M. Post [Clerk, ] Which was read & it was Resolved to concur with the House in the above reference.
Reed from the House the Petition of Jonathan Fassett with the fol- lowing order of the House thereon: In Gen. Assembly Oct. 14tb, 1809. Read & referred to the joint Comee of Claims. Attest M. Post Clerk, which being read it was Resolved to join the above reference.
For the speech see Appendix A.
246
Governor and Council-October 1809.
Received from the House the Petition of the Inhabitants of Sher- burn with this order thereon: In Gen. Assembly Oct. 14th, 1809. Read & referred to the joint committee on turnpikes. Attest M. Post Clerk, which being read it was Resolved to concur in the foregoing reference.
Recd from the House the Petition of John Torrance Praying to have all processes suspended &c. for a term of time, with this order of the House thereon: In Gen. Assembly Oct. 14th, 1809. Read & referd to the Joint Comee of suspension & insolvency. [Attest] M. Post Clerk, which being read it was Resolved to concur with the House in the above reference.
Recd from the House the Petition of Jacob Galusha praying for relief & compensation &c. with this order of the House thereon: In Gen. As- sembly Oct. 14th, 1809. Read & referred to the jt Committee on the Pet. of James D. Butler. Attest M. Post Clerk, which being read it was Resolved to Concur with the House in the foregoing reference.
Recd from the House the Petition of Samuel Holton & Alanson Ferris each Praying for an act of suspension &c. with the following order of the House on each: In General Assembly Oct. 14th, 1809. Read & re- ferred to the joint Committee of suspension. Attest M. Post Clerk, which being read it was Resolved to concur with the House in the fore- going references.
Reed from the House the Petition & remonstrance of Peter Danforth & others with the following order of the House thereon: In general assembly Oct. 13th, 1809. Read & referd to a Committee of three mem- bers to join a Committee of Council. Members chosen Messrs S. Wal- bridge, J. Brigham & W. Barber. Attest M. Post Clerk, which were read & it was Resolved to concur with the House in the above reference.
Reed from the House the Petition of Daniel Brooks Praying for a Turnpike, with the following order of the House thereon: In General assembly October 14th, 1809. Read & referd to the Joint Committee on Turnpikes. Attest M. Post Clerk, which being read it was Resolved to concur with the House in the above reference.
Adja to 9 OClock A. M. Monday 16th Oct. 1809.
MONDAY October 16th, 1809, 9 O'Clock A. M.
The Council met Pursuant to adjournment.
The Petition of Grant Weed & Seth Payne Praying for Pardon were filed & each read & ordered to lie on the table.
The Honorable Haines French & Samuel C. Crafts Esqrs. appeared in Council who took & subscribed the necessary oaths Prescribed by the Constitution & Laws as Councillors for the year ensuing & took their Seats.
Reed from the House the Petitions of the Inhabitants of Middletown, Clarendon, Poultney & of A. Hall & the remonstrance of Clarendon & Tinmouth with the following order of the House thereon: In General Assembly Oct. 14th, 1809. Read & referred to the joint Turnpike Com- mittee. Attest W. D. Smith Clerk, which was read & it was Resolved to Concur with the House in the above reference.
Recd from the House the Petitions of the towns of Sherburn, Waits- field, Elmore & Worcester, each praying for land taxes, with an order of the House on each as follows: In General Assembly October 16th, 1809, read & referred to the Joint Land tax Committee (first.) Attest W. D. Smith Clerk, which being read it was Resolved to concur with the House in the foregoing reference.
Recd from the House a bill entitled " an act providing for fire arms for
247
Governor and Council-October 1809.
the militia of this State," with this order of the House thereon: In Gen. Assembly Oct. 14th, 1809, called up & referred to the joint military Com- mittee. Attest W. D. Smith Clk. which was read & it was Resolved to join the above reference.
Recd from the House the Petition of Shelden Wheeler & others with the following order of the house thereon: In Gen. Assembly Oct. 14th, 1809. Read & referred to the joint Military Committee. Attest W. D. Smith Clerk, which being read it was Resolved to concur with the House of Assembly in the above reference.
Recd from the House the following resolution, Viz. In Gen. Assem- bly Oct. 16th, 1809. Resolved, the Governor & Council concurring herein, that both Houses meet in the Representatives' room tomorrow morning at 10 O'clock for the purpose of Electing Judges of the Su- preme Court of Judicature for the Year ensuing. Attest W. D. Smith Clerk, which being read it was Resolved to coucur with the House in passing the foregoing resolun.
Recd from the House a resolution appointing a Comee to join a Com- mittee of Council to be denominated the first land tax Committee, which being read it was then Resolved to Concur with the House in passing the resolution; and Mr Crafts was appd to join said Comee from Council.
Recd from the House a resolution respecting the State's Prison laws &c. appointing a Committee to join from Council a comee which should there be appointed, & it was Resolved to Concur with the House in passing said Resolution; and Mr French was appointed to join from Council.
Recd from the House the Pet. of Franklin County Grammar School with an order of the House appointing a Committee to join a Comee of Council, which was Read and by the Council it was theu Resolved to concur with the House in passing the aforesd Resolution & Mr Hunter was appointed to join.
Received from the House the Petition of Levi Bennet with an order of the House thereon appointing a committee from the house to join a Commee of Council, which being taken under consideration by the Gov. & Co. it was Resolved to join in the Above reference & Mr French was appª to join.
Recd from the House the Petition of Levi Hall with this order thereon: In Gen. Assembly October 16th, 1809. Read & referred to Messrs Scott, Walker & Robbins, to join a Committee from Council. Attest W. D. Smith Clerk, & it was Resolved to concur with the House in said reference & Mr Bliss appd to join the Committee appointed by the House.
Recd from the House a resolution "respecting the distillation & export- ation of Grain" with an order of the House appointing a Committee to join a Comee of Council, which was read and it was Resolved to concur with the House in said Reference and Messrs Loomis, Wright & Butler were appd to join said Committee.
Recd from the House "a resolution respecting lists & listers" with an · order of the Gen. Assembly appointing a Committee to join such Com- mittee as the Gov. & Council may appoint, which was taken under consideration & it was then Resolved' to concur with the House in the above reference & Mr Brigham appd to join.
Recd from the House the Pet. of the Heirs of Eben" Williams with the following order of the House thereon: In Gen. Assembly October 14th, 1809. Read & Referrd to Messrs. Smith, Norton & Gaines to join a Comee of Council. Attest W. D. Smith Clerk, which was Read & Re- solved to join in the above reference and Mr Loomis was appd to join.
Recd from the House the Pet. of Timothy & Mary Jenner with an
248
Governor and Council-October 1809.
order appointing a Comee to join a Comee from Council and after being read by the Council it was Resolved to Concur with the House in the above Reference and Mr Crafts was appd to join.
Adjourned to 2 OClock P. M.
2 O'CLOCK P. M .- Recd from the House a resolution appointing 4 Oclock this day the time for the County Convention to meet: & [the opening of the House on Tuesday next for] the Committee of the whole for the purpose of Receiving the nominations, which was read & it was then Resolved to concur with the House with the following amend- ment, Viz. that instead of " Monday" insert "tuesday" & that instead of " tuesday to receive the nominations" insert " Wednesday." Mr Keyes assigned the reasons to the House.
Mr Apollos Austin appeared in the Council Chamber & after the oaths of office were administered he took his seat as Councillor.
Adjourned to 9 A. M. Tomorrow.
TUESDAY 9 O'C. A. M. 1809, Oct. 17th.
Recd from the House the Bill entitled "an act to lay out a road from Canaan to Holland " with an order of the house thereon referring the same to a Committee of three to join a Committee of the Council, which was read and on motion it was Resolved to join in the above reference, and Mr Crafts joined.
Recd from the House the Petition of William Shearer [jr.] with the following order of the House thereon: "In General Assembly Oct. 16th, 1809, read & referred to the joint Committee of claims. Attest W. D. Smith Clerk," which being read it was then Resolved to concur in the said reference.
Recd from the House the Petition of E. Hawley with an order of the House referring the same to the joint Committee of Suspensions, which was read & on motion it then was Resolved to concur with the House in the foregoing reference.
The Bill entitled "an act concerning Writs of Error & Audita Quer. elas" was recd from the House [with this order thereon:] " In General Assembly, Read & Referred to a Comee of three to join a Committee of Council. Attest W. D. Smith Clerk," which was read & Resolved that the Council do concur with the House in the foregoing reference & that Mr Butler join.
Pursuant to the concurrant Resolution of Both Houses the Governor & Council proceeded to the Representatives' Room for the Purpose of Electing Judges of the Supreme Court of Judicature which being com- pleated the Gov. & the Council returned to their Chamber & resumed the consideration of business. 1
Recd from the House the Petition of Jacob Burt praying for a suspen- sion &c. with an order of the house appointing a Committee to join a Comee of the Council, which being read it was resolved to concur.
The pet. of the Town of Pawlett was reed with an order of the House appointing a Committee to join a Comee of Council, which was read & it was on motion then Resolved to concur with the House in the above reference & Mr Crafts was appointed to join.
The Petitions of Billymead, Fayston, Mt. Tabor, Barton & Newark were recd with an order of the House on each referring them to the 2d land tax Committee, which were severally read & then it was resolved to concur with the House in the above reference.
1 Royall Tyler, Theophilus Harrington, and David Fay were elected.
249
Governor and Council-October 1809.
The Petitions of Coventry, Irasburgh & Kingston praying for land taxes were reed from the House with an order of the House on each re- ferring them to the 1st Land tax Committee, which were severally read & it was on motion then Resolved to concur with the House in said Reference.
Reed from the House the Petition for a turnpike from Connecticut river to Washington; from Montpelier to . Woodstock & the remon- strance agt the Windham County corporation, with an order of the House to commit them to the joint turnpike Committee, and on motion it was resolved to concur in the above reference.
The petitions from Ryegate, Cavendish, & Ludlow, & of Timothy W. Orsborn were reed from the House with an order on each referring them to the joint Military Committee, which being severally read it was on motion Resolved to concur with the House in said reference.
The Bill establishing a Cotton & Woolen Manufactory at Montpelier, & the Petition of Stephen Crouch & others were received from the house with an order on each referring them to the joint Committee on that part of His Excellency's Speech relating to manufactures, and on motion it was Resolved to concur with the House in said Reference.
A bill entitled an act in addition to an act establishing a State Bank was reed with an order thereon referring the same to the joint Commit- tee on that Part of His Excellency's Speech relating to the State Bank, which was read & Resolved to concur in said Reference.
Received from the House a resolution appointing a Committee on that part of His Excellency's Speech which relates to Manufactures, and on motion it was Resolved to concur with the House in passing the above resolution and Mr. Austin was appointed to join said Committee on part of Co.
Reed from the House the Resolution appointing a Committee of the House on that Part of His Excellency's Speech which relates to the State Bank, which being read on motion it was Resolved to concur with the House in passing said Resolution & Messrs Wright & Brigham were appointed to join.
Reed from the House a Resolution appointing a committee of the House to join a committee of Council to be denominated the 2d land tax Committee, which was read & it was Resolved to concur with the House in said Resolution & Mr Austin was appointed to join.
Reed from the House a resolution appointing & Directing the joint Committee on the State Bank to enquire respecting the expediency of Prohibiting Hawkers & Pedlars within this State, which being read it was Resolved to concur with the Passing of this resolution.
Reed from the House the Petition of John Stoel [Stowell] with the following order thereon : In Gen. Assembly Oct. 16th, 1809. Read & referred to the joint Committee of Claims. Attest W. D. Smith Clerk, which being read it was then on motion Resolved to concur with the House in passing the Same.
Adjourned to 2 0°C. P. M.
2 O'CLOCK P. M .- The Council met &c.
The Honorable Royall Tyler, Theophilus Herrenton & David Fay ap- peared in Council; the Hon. David Fay signified his resignation to His Excellency the Governor & Council of his office of District Attorney,1 when the oath of office was administered by his Excellency the Gover- nor to the Hon. Royall Tyler Esqr as Chief Judge of the Supreme Court of Judicature of this State, & to The Hon. Theophilus Herrenton &
1 U. S. District Attorney.
250
Governor and Council-October 1809.
David Fay Esqrs as Side or Assistant Judges of the same Court, & then they retired from the Council Chamber.
The Petition of Betsy Lakin was recd with an order of the House appointing a Committee of three members of the House to join a Com- mittee of the Council, which was read & Resolved to Concur with the House in sd Reference and Mr. Hunter joined.
Recd from the House the Petition of Prudence Murdock praying to have a new Hearing before the Commissioners appointed to adjust the claims of her late Husband's estate with an order of the House appoint- ing a Committee of the House to join a Committee of Council, which was read-it then was Resolved to concur with the House in said Ref- erence. Mr. Loomis joined.
Recd from the House the Petition of Thomas Duncan praying for an act of Suspension, with an order of the house referring the same to the joint Committee of Suspension & insolvency, which was read & Concur- red to join said reference.
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