USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 35
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On the Petition of Daniel Hammond Mr Seymour was joined to the Committee previously appointed.
The Petition of the inhabitants of Essex County praying to be sepa- rated from the County of Caledonia &e. was recd with an order of the House referring the same to the joint Committee on the Petition for a new County, which then was read & on motion it was Resolved to con- cur with the House in said reference.
The bill entitled "an act in amendment of an act laying a tax of 2 · cents pr acre on the town of Canaan" was recd with an order of the House referring the same to the 3d land tax Comee, which was read & it was Resolved to concur with the House in said reference.
The Petition of John R. Gibson was reed with an order of the house to refer the same to the joint Committee of Suspension &e. which was read & it was Resolved to concur with the House in said reference.
The Treasurer's report respecting Hawkers & Pedlars was reed & read & it was resolved to refer the same to the Comee on the original resolu- tion respecting Hawkers & Pedlars.
The Petition of Orson Martin was reed praying for exclusive privilege of Running a Stage. &c. with an order referring the same to the joint Committee on the Petition of Eleazer Wheelock, which was read & it was Resolved to coneur with the House in said reference.
Recd from the House the Petition of Joel Tinker & account with an 17
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order of the house referring the same to the joint Committee of Claims, which was read & it was Resolved to concur with the house in their foregoing reference.
Recd from the House the Petition of Moses Wallace which was re- ferred by order of the House to the joint Comee on the Petition of Scott, Spencer & Elkins, which was read & Resolved to concur with the House in said reference.
Recd from the House the account of Capt. J. Dunham with an order of the house referring the same to the joint Committee of Claims, which was read & on motion it was Resolved to concur with the house in said reference.
Recd from the House the petition for a land tax on the Town of Marshfield with an order of the House referring the same to the joint Committee of the 2d land tax, which was read & it was concured to join said reference.
Adjourned to 2 O'Clock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
Recd from the House the petition of the trustees of Middlebury Col- lege with an order of the House referring the same to a Committee of 3 members to join a Committee of Council, which was read & on motion it was Resolved to concur with the house of Rep. in said reference.
Recd from the House the petition of Ebenezer Marvin with an order &c. of the house appointing a Commee of 3 to join a Commee of Council which was read & it was Resolved to concur with the house in their said reference, & Mr Chittenden joined.
The Petition of Francis Ledyard praying for a pardon was again Called up & after debate & consideration ordered to lie.
Adjourned to 9 OClock A. M. next Monday.
MONDAY, Oct. 23d, 1809, 9 OClock A. M.
Mr Dennison appeared in Council, received the oaths of office & took his seat as Councillor.
Mr Knight moved for & was allowed leave of absence for S days.
Recd from the House the account of John Barney with an order of the house referring the same to the joint Committee of Claims, which was read & on motion it was then Resolved to coneur in said reference.
Recd from the house the following resolution: In General Assembly Oct. 21st, 1809. Resolved, the Governor & Council concurring herein, that both houses meet in the representatives' room at the opening of the House on tuesday morning next for the purpose of electing a Briga- dier General to supply the vacancy which has recently occurred in the 3 brigade 3ª Division of the militia of this State. Attest W. D. Smith . [Clerk, ] which was read & it was Resolved to coneur with the House in their foregoing resolution.
Recd from the House the Petition of the inhabitants of Brookline, on which Mr Wright had been appointed a Committee from Council to join a Committee of the House, which was read & Mr Wright was discharged therefrom & Mr Deunison appointed in his room.
Mr Wright was discharged from the Committee appointed on the resolution respecting the laying out military parades in each town & the Lieut. Governor was appointed in his room.
Recd from the House the resolution appointing a Committee of 5 members of the house to join a Committee of Council to take into con- sideration the act for the support of schools, which was read & it was Resolved to join in said reference & Messrs Dennison & Seymour joined. .
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Recd from the House the bill entitled an act authorizing Levi Ben- nett to complete the collection of the Cent tax in Sherburne, which was read & it was Ordered to be committed to Mr French to report amend- ments if needed.
Recd from the House the engrossed bill entitled "an act freeing the body of John Strong from arrest," [which] was read & ordered to be committed to the Lt. Governor for revision &c.
Recd from the House the bill entitled "an act directing the treasurer to credit Josiah Barton the sum therein mentioned," which was read & it was on motion Resolved to concur with the House in passing the foregoing bill.
Reed from the House the bill end an act altering the name of James Tracy 3d to that of James Carlton Tracy, which was read & ordered to be Committed to Mr Keyes for revision or amendment.
Reed from the House the bill entitled "an act directing the treasurer to pay John Stowel the Sum therein mentioned," which was read & it was then on motion Resolved to concur with the House in passing said Bill into a Law.
Recd from the Bouse the bill entitled "an act to legalize certain town records of the Town of Brandon," which was read & Resolved to concur with the house in passing said bill.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- His Excellency ordered the Secretary to carry the following communication to the House:
To the Hon. D. Chase Esquire Speaker of the House of Representatives: Sir, I have recd this State's proportion of the acts passed at the first ses- sion of the 10th Congress, being 280 copies. The Gen1 Assembly will direct the mode of distribution. J. GALUSHA.
Reed from the House the Petition for a land tax on the town of Bristol with an order of the house thereon referring the same to the joint land tax Committee. Concurred.
Recd from the House the 2 bills, each entitled "an act in addition to an act &c. for governing the militia of this State," with an order of the house referring the same to the joint military Committee, which were read & it was on motion Resolved to concur with the house in said ref- erence.
The bill entitled an act for the relief of Daniel Peasly was recd with an order of the house referring the same to the joint Committee of Claims, which was read & it was Resolved to concur with the House of Rep. in the above reference.
Recd also the account of Eleazer Wheelock with an order of the house referring the same to the joint Committee of Claims, which was read & it was on motion Resolved to concur with the house of Represent in their said reference.
The Engrossd bill entitled " an act in addition to an act laying a tax of 2 Cents per acre on the town of Sherburne was recd, read & referred to Gov. Brigham & Mr Crafts for examination & amendment, who re- ported the following amendments to the aforesaid bill which were read & adopted Viz. In the title of the act after the figures "1807 " add " and the act in addition thereto passed Nov. 10th, 1807, directing the expenditure of said tax." In the third line of the preamble erase the word "act" & insert the word "acts" & in the Sth line of Sec. 1st erase the word "act" & insert the word "acts," when it was Resolved to concur with the house [in passing the bill] with said amendments, and Mr Crafts assigned the reasons to the house.
The bill entitled "an act authorising Levi Bennett to compleat the
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collection of the Cent tax tax in Sherburne" was called up & it was re- solved to concur with the House in passing said bill with the following amendment Viz. at the end of the bill add the following-"And shall, in "all things relating to the holding such vendue, receiving redemption "money, recording proceedings & giving deeds, have power & comply "with all the requisitions contained in the act assessing said Tax." And Mr Crafts assigned the reasons.
Adjourned to 9 O'Clock Tomorrow morning.
TUESDAY October 24th, 1809, 9 OClock A. M.
The Council met Pursuant to adjournment.
The Engrossed bill entitled "an act altering the name of James Tracy 3d to that of James Carlton Tracy" was called up, read & it was Re- solved to Concur with the house in passing the Same.
Recd from the House the Petition of Lincoln for a Land tax with an order of the house thereon referring the same to the 2nd joint land tax Committee, which was read & it was Resolved to concur with the House in their said reference.
Recd from the House the Petition of Joseph Holcomb with an order of the House for a recommitment to the former Committee on the same, and it was Resolved to join the recommitment of said Petition.
Recd from the House the bill entitled "an act incorporating Robert Bowne, Isaac Clason, John A. Graham & their associates" with an order of the house for recommitment, & it was Resolved to concur with the house in their recommitment.
The Petition of Francis Ledyard stating that he now is confined in State's Prison on a conviction of Manslaughter for the term of ten years, praying for pardon, and on the question shall the Prayer of the petition be granted, the yeas & Nays were called for & taken as follows: Yeas none. Nays were His Hon. the Lt. Governor, E. Keyes, N. Chit- tenden, B. Loomis, E. Butler, F. Bliss, S. C. Crafts, G. Dennison, H. French, H. Seymour, W. Hunter, & so the prayer was not granted & on motion the Petition was Ordered to be dismissed.
His Excellency the Gov. & Council agreeable to the concurrent Reso- lution of both houses proceeded to the Representatives' room & met the house in joint Committee for the purpose of Eleeting a Brigadier Gen- eral of the 3d brigade & 3ª Division of the Militia of this State & after compleating the same returned to their Chamber & resumed business. 1
The Bill entitled "an act to free the body of John Strong from arrest" was called up & it was then on motion Resolved to concur with the House in said bill with the following amendment Viz. after the words "that the" in line 2d of the act insert "Body of John Strong of Ryegate in "the County of Caledonia & State of Vermont be & hereby is freed from "arrest & imprisonment on any civil process for any debt or contract "whatever made & contracted before the passing of this act for & during "the term of five years next following the rising of the present Session "of the legislature." And His Hon. the Lt. Governor assigned the rea- sons to the House.
Adjourned to 2 Oclock P. M.
2 O'CLOCK P. M .- The Council met pursuant to adjournment.
The Treasurer's report respecting the laws was recd with an order of the house appointing a Committee of 3 of the house to join a Commit-
1 Elias Fasset was elected.
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tee of Council, which was read & Resolved to concur with the House in their said reference.
Recd from the House the Engrossed bill entitled "an act for the relief of Levi Hall & Salmon Hall," which was read & Resolved to concur with the House in passing said bill.
The Bill entitled " an act to free the person of John Strong from ar- rest," which had been sent to the House with proposals of amendment of Council, was now returned noneoncurred as to the amendments, & Mr Clap appeared in Council & assigned the reasons, & on motion it was Resolved to rescind from the said Proposals of amendment & said bill was then Committed to Mr Butler for examination.
Adjourned to 9 O'Clock A. M. Tomorrow.
WEDNESDAY Oct. 25th, 1809, 9 O'Clock A. M.
The Council met pursuant to adjournment.
Recd from the House the Engrossed bill entitled " an act Discharging David Ramsdell & others from a certain note therein mentioned," which was taken under consideration & after Debate it was Resolved to non- concur with the House in passing said bill & Mr Loomis & Mr French reported the reasons which the Secretary carried to the House.
Recd from the House the bill entitled " an act in addition to an act entitled an act for the purpose of founding an University at Burlington Passed Nov. 3d, 1791," with an order of the House referring the same to a Committee of 5 to join a Committee of Council, which was read & on motion it then was Resolved to concur with the house in said refer- ence & Messrs Loomis & Crafts joined.
Recd from the house the Petition of Samuel Barlow & others respect- ing the removal of the County buildings of Franklin Coy, with an order of the House referring the same to the joint Committee on the Petition of the inhabitants of Bennington County, which was read & it was Re- solved to concur with the House in said reference.
Recd from the House the Petition of Alanson Ferris with an order of the house referring the same to the Committee to whom the Petition was previously committed, which was read & it was Resolved to concur with the house in said reference.
Recd from the house the Petition of Hinesburgh with an order of the House referring tho same to the joint Committee of 3d land tax, which was read & it was resolved to concur with the house in said reference.
Ajourned to 2 OClock P. M.
2 OCLOCK AFTERNOON .- The Council met pursuant to adjournment.
Benjamin Swan Esquire appeared in Council with a bond executed by himself & sureties for the performance of his office as treasurer of this State for the year ensuing, which was approved of by the Governor & Council & after having received the oaths of office he withdrew. The Sureties of said Bond were Arad Hunt & Elias Keyes.
The Petitions of the inhabitants of Landgrove, Winhall, Andover, Londonderry, Windham, & Peru, praying that the citizens of these towns who are liable to perform military duty may be formed into a sep- arate regiment, were filed & read & after consideration ordered to lie on the table.
The bill entitled an act freeing the body of John Strong from arrest & his property from seizure on Execution &c. was called up & on motion it was Resolved to concur with the house in their said bill with the fol- lowing amendments, to wit, At the end of the bill add the following
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Proviso: "Provided Nevertheless, that this act shall not take effect until " the said John Strong shall have given a bond with surety to the ac- "ceptance of one of the Judges of Caledonia County Court, conditioned " that the said John Strong shall not waste his property during said " term & also that any creditor or creditors who may have obtained any " lien upon any property of the said John by virtue of any writ of at- " tachment or execution shall be entitled to an equal privilege in the " recovery of his or their demands at the expiration of said term as he " or they could have had before the passing of this act." The reasons were ordered to be assigned to the house.
Recd from the house the Engrossed bill entitled " an act for the relief of Joseph Holcomb of Panton," which was read & it was Resolved to concur with the house in passing said bill into a law.
Recd from the house the Petition of Craftsbury for a land tax with an order of the House referring the same to the 3d joint land tax Commit- tee, which was read & it was Resolved to concur with the House in their said reference.
Recd again the account of Capt. Dunham with an order of the House to recommit the same to the joint Committee of Claims, & it was Re- solved to concur with the house in their said reference.
Recd from the house the bill entitled " an act granting relief to an in- firm Indian by the name of Joseph," with an order of the House refer- ring the same to the joint Committee on the Petition of James D. Butler, which was read & on motion it was Resolved to concur with the House in their said reference. 1
Adjourned to 9 Oclock A. M. tomorrow.
THURSDAY October 26th, 1809, 9 OClock A. M.
Recd from the House the Engrossed bill entitled "an act giving Middle-hero the right of Representation in general assembly" which was read & it was Resolved to concur with the house in passing this bill.
Recd from the House the engrossed bill entitled "an act to revive a tax on Huntsburgh" [which] was read & on motion it was Resolved to concur with the house of Representatives in passing said bill.
Reed from the house the engrossed bill entitled "an act directing the treasurer to pay Jacob Galusha the sum therein mentioned," which was read & it was resolved to concur with the House in the same.
Recd from the House the Engrossed bill entitled "an act granting to Enoch Billings the right of Keeping a ferry across Missisquoi bay" which was read & committed to Mr Dennison to report information.
The Petition of Charles Johnson praying for pardon, having been con- victed of passing Counterfeit money & now confined in State's prison, was recd, which was read & on the Question Shall the prayer thereof be
1 Joe was an ardent Whig, and once, with his wife Molly, visited Gen. Washington during the revolutionary war, and they were kindly re- ceived. Joe's hatred to the British was so strong that, after the war had closed, he would not cross the boundary line into Canada, even in pursuit of game. By the act of 1809, Frye Bailey of Newbury was made his guardian, receiving not exceeding seventy dollars annually from the State, with whom Joe lived until his death, Feb. 19, 1819, aged eighty years or more. He was the last of the Indians at Coousuck .- See Vt. Historical Magazine, Vol. II, pp. 925, 926.
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granted? The Yeas & Nays were called for: Yeas, None; Nays P. Brig- ham, Keyes, Chittenden, Loomis, Butler, Bliss, Crafts, Dennison, French, Seymour, Hunter; so the prayer was not granted, & Petition ordered to be dismissed.
Recd from the House the Bill entitled "an act restoring Grant Weed to his law," which was read & it was Resolved to concur with the House in passing said bill.
Recd from the house the Engrossed bill entitled "an act for the benefit of Bradley Wilson & Moses Wilson," which was read & ordered to lie.
Adjourned to 2 O'Clock P. M.
2 O'Clock P. M .- The Council met pursuant to adjournment.
Mr Dennison, to whom was referred the bill end "an act granting the right of ferry to Enoch Billings across Missisquoi Bay," reported the Same without amendment & it then was Resolved to concur with the house in passing said bill.
Reed from the House the Engrossed bill entitled "an act in addition to an act ascertaining the principles upon which the lists of this State &c." which was read & committed to Messrs Seymour & Crafts for ex- amination.
The Engrossed bill entitled "an act for the benefit of Bradley Wilson & Moses Wilson" was called up & it was on motion then Resolved to concur with the Gen. Assembly in passing the same.
Reed from the House the Engrossed bill entitled "an act appointing a Committee to examine the road from Salsbury to West Rutland & em- powering them to discontinue it," which was read & Resolved to coneur with the House in passing the same.
The Petition of George Parker praying for pardon, stating that he was convicted of passing counterfeit money, was read & it was then ordered to lie on the table.
Adjourned to 9 O'clock tomorrow A. M.
FRIDAY Oct. 27th, 1809, 9 O'Clock A. M.
The Council met pursuant to adjournment.
Recd from the House the Engrossed bill entitled "an act directing the treasurer to pay John Johnson the sum therein mentioned," which was read & it was then on motion Resolved to concur with the House in passing the aforesaid Bill.
Recd from the House the Petition of Elias Gallupp & H. B. Brown praying to be incorporated & to be known by the name of the "Vermont Merino Society," with an order of the House referring the same to the joint Committee of Manufactures, which was read & it was Resolved to concur with the house in their aforesaid reference.
Reed from the House the account of Harry Hale with an order of the House referring the same to the joint Commee of Claims, which was read & on motion it was then by Council Resolved to concur with the House in their said reference.
The resolution of the House relating to taking into consideration the Law respecting the probate of Wills & Testaments & Settlement of estates was reed with an order of the House referring the same to the joint Committee on the petition of Timothy & Mary Jenner, which was read & on motion it was Resolved to concur with the House in said reference.
Reed from the House the account of Frye Bayley with an order of the House referring the same to the joint Committee of Claims, which was
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read & it was then on motion Resolyd to concur with the House in said reference.
Recd from the House the Engrossed bill entitled "an act directing the treasurer to pay John Barney the sum therein mentioned," which was read & Resolved to concur with the House in passing said Bill into a Law.
Reed from the House the bill entitled "an act establishing a Cotton & Woolen Manufactory in Windsor" with an order of the House referring the same to the joint Committee on manufactures, which was read & it was. Resolved to concur with the House of Representatives in said reference.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Council met pursuant to adjournment.
Recd from the House the Engrossed bill entitled "an act incorporating Robert Bowne, Isaac Clason, John A. Graham & their associates," which was read & committed to Messrs Butler & French for examination.
Recd from the House the engrossed bill entitled "an act appointing a Committee to lay out a road from Montpelier to Elmore," which was read & it was on motion Resolved to concur with the House of Represvs in said Bill.
Recd from the House the Engrossed bill entitled "an act directing the Treasurer to pay Elisha King the sum therein mentioned" which was read & it was then on motion Resolved to Concur with the House in passing the same.
Recd from the House certain resolutions thereof of nonconcurrence with the proposals of amendment to the United States Constitution sent to the Governor of this State by the Executives of the States of Massa- chusetts, Virginia & Pennsylvania, which were read & it was Resolved to concur with the House in their resolutions of nonconcurrence to the said proposals of amendment aforesaid.
Recd from the House the Engrossed bill entitled "an act directing the commissary General to procure ordinance for this State & appropriating a sum of money for the purchase of the same," which was read & it was resolved to concur with the House in passing the same with the follow- ing amendments: in Sec 2nd 7th line after the word "Brigades" add "& the Captain of the Washington Artillery Company," & Mr Loomis assigned the reasons to the House.
The engrossed bill entitled "an act incorporating Robert Bowne, Isaac Clason & John A. Graham & others their associates" was again read & it was then Resolved to concur with the House in their said bill with the following amendments beginning at the words "and also" in the 6th line from the end of the bill & Erase the remainder, & Mr Butler assigned the reasons to the House.
The Petition of George Parker, Praying for a pardon, stating that he had been convicted &c. and was now confined in State's Prison, was now called up & on the question " shall the prayer of the petitioner be granted " ? the Yeas & Nays were called for & Yeas were none; Nays were Gov. Brigham, Keyes, Chittenden, Loomis, Butler, Bliss, Crafts, G. Dennison, French, Seymour & Hunter. so the Prayer was not granted & the petition ordered to be dismissed.
The Petition of Beniah Woodward, Stating that he had been convicted of passing Counterfeit money & [was] now confined in State's Prison & praying for a remission of the fine & costs he having suffered the cor- poral part & imprisonment of said punishment, and the question was taken "shall the prayer of said Petition be granted so far as it relates to the fine & Costs " ? The Yeas & Nays were called for & There were
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Yeas Gov. Brigham, Keyes. Chittenden, Loomis, Bliss, Crafts, Denni- son, French, Seymour & Hunter. Nays, Butler, so the prayer was granted so far as to remit the fine & Costs.
Adjourned to 9 OClock A. M. tomorrow.
SATURDAY October 28th, 1809, 9 O'Clock A. M.
The Council met pursuant to adjournment.
Recd from the House the account of David Sanford with an order of the House referring the same to the joint Committee of Claims, which was read & it was then on motion Resolved to concur with the House in their said reference.
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