USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 36
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Pursuant to the adjournmont of the joint Committee of the whole the Governor & Council met the House in the Reps. room in joint Commit- tee for the purpose of receiving & making County appointments & after progressing in the same the Committee adjourned to 2 OClock P. M. Tuesday next, when the Governor & Council returned to their Chamber and then adjourned to 2 OClock P. M.
2 O'CLOCK P. M .- The Council met pursuant to adjournment.
The Bill entitled "an act incorporating Robert Bowne, Isaack Clason, John A. Graham & their associates," [was called up] and on motion it was Resolved to reconsider the last resolve on the bill concurring with the house in passing said bill with certain amendments, in order to pro- pose further amendments, & on motion it was then Resolved to concur with the house in passing said bill as originally sent from the house to Council with the following amendments added to the bill: "Provided "also that nothing in this act contained shall operate to enable the said "corporation to hold, occupy or enjoy any rights & privileges to the ex- "clusion of any person, who before the passing of this act have acquired "any interest in the said grant to the said John A. Graham by purchase "or consent from him of the same or any part thereof." Mr Keyes assigned the reasons to the house.
Reed from the House the Engrossed bill entitled "an act directing the States Atty of Bennington County to Stay proceedings in a certain case therein mentioned" with an order of the house referring the same to a joint Committee of the House & Council, which was read & it was resolved to join in said reference of the House & Mr Dennison joined said Committee from Council.
Recd from the House the following Engrossed bills Viz. one entitled "an aet granting to the heirs of Ezra Williams a rehearing in a certain case therein mentioned," one "directing the treasurer to pay the 1st Constable of Barnet the sum therein mentioned," one "directing the treasurer to pay Silas Alger Jr. & Samuel Bliss the sum therein men- tioned," one "authorising Samuel Burnell administrator to the estate of Arba Green to sell certain lands therein mentioned," one "laying a tax of 3 Cents per acre on the town of Lyndon," one "altering the name William Arnold Razey," one "laying a tax of 4 Cents pr acre on the town of Wolcott," one "laying a tax of 4 Cents Pr acre on town of Billymead," & one "authorising Thankful Holmes & Jacob Holmes to sell real estate," which were severally read & it then was Resolvod to concur with the House in passing the same into laws.
Adjourned to 9 OClock Monday morning.
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Governor and Council-October 1809.
MONDAY October 30th 1809, 9 OClock A. M.
The Council met pursuant to adjournment.
The engrossed bill entitled "an act directing the Commissary General to procure ordinance for the State & appropriating a sum of money for the purpose of purchasing the same," which was sent down to the house with certain proposals of amendment (see page 264) was returned to the Council with a nonconcurrence of the house thereto, & Mr Olin appeared in the Council & assigned the reasons of the House, which were taken into consideration & it was then on motion Resolved to rescind from their former proposals of amendment and then concur with the House in passing said bill with the following amendments: in the 6th line from the top of section 2nd erase the word "two" insert "one," & in the next line after the word "brigades" insert "and the captain of the Washington Artillery Company." Mr Crafts assigned the reasons to the House.
Reed from the House the account of Oliver Barker 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 in their said reference.
Reed from the House the bill entitled "an act to continue the act laying a tax of 2 cents pr acre on the town of Troy" with an order of the House referring the same to the 3d joint Committee of land taxes, & it was read & Resolved to concur with the House in their said reference.
Recd from the House the account of Freeman Vining for compensa- tion for taking counterfeiters, with an order of the house referring the same to the joint Committee of Claims, which was read & Resolved to concur with the house in said reference.
The resolution of the House of Oct. 26th, 1809, which related to the Resolution of the State of Massachusetts proposing amendments to the constitution of the United States to prevent an embargo hereafter to be laid for more than thirty days after the beginning of the session of Con- gress next after the session in which said embargo was laid, [was called up.] The resolution of the house on the aforesaid [was] as follows, Viz. " Resolved that we do not concur in the amendments contemplated in the foregoing resolutions so adopted by the legislature of Massachu- setts; And also Resolved that the governor of this State be requested to transmit copies of the foregoing resolution to the executive authority of the Several States," which being read it then was Resolved to concur with the house in their foregoing resolutions.
Received from the House the following resolution, Viz. " In Gen. As- sembly Oct. 26th, 1809. Whereas His Excellency the Gov. of this State has communicated to this assembly certain resolutions adopted by the Legislature of the State of Pennsylvania proposing amendments to the Constitution of the United States so that [an] impartial tribunal may be established to determine disputes between the General & State Govern- ments. And whereas such disputes are not so frequent nor of sufficient magnitude in our opinion to render such tribunal necessary: Therefore, Resolved That we do not concur in recommending the amendment pro- posed in the resolution aforesaid, & also Resolved that the Governor of this State be requested to transmit copies of the foregoing resolution to the executive authority of each of the several States. Attest W. D. Smith Clerk," which being read, it was Resolved to concur with the house in their said Resolution.
The bill entitled " an act directing the Commissary general to procure ordinance for this State & appropriating a Sum of money &c." which was sent down to the House with certain proposals of amendment was re- turned to the Council with a nonconcurrence of the house to the same,
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& Mr Hutchinson appeared in Council & assigned the reasons of the House, & it was then taken under consideration of Council & on motion Resolved to rescind from the former proposals of amendment and then Resolved to concur with the house in passing said bill with the follow- ing amendments, (added to those which had been previously sent, & upon which the Council last rescinded) Viz. " 10th line Sec. 1st erase the word " two " & insert " one," "13th line of same Sec. erase the word " two " & insert "one," in the 4th line of the Proviso erase the word " two " & insert " one."
Mr Butler was excused for the remainder of the session.
The Petitions of Landgrove, Windham, Peru, Winhall & Andover & Weston were called up & on motion Ordered to be laid over to the next session of the legislature.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M. Oct. 30th, 1809 .- The Council met pursuant to ad- journment.
Recd from the House the resolution "respecting Banks & the failure of bills," with an order of the House thereon referring the same to a Committee of three to join a Committee of Council, which was read & it was Resolved to concur with the House in their said reference.
Recd from the House the Petition of Milton for a land tax, with an order of the house thereon referring the same to the 3d joint land tax Committee, which was read & it was Resolved to concur with the House in their said reference.
Recd from the House the engrossed bill entitled " an act incorporating certain persons by the name of the Vermont Mineral factory Company," which was read & it was then Resolved, to concur with the house in passing the same with amendments.
The bill entitled " an act ascertaining the principles upon which the list of this State shall be made up," was called up & ordered to lie for further consideration.
Adjourned to 9 OClock tomorrow A. M.
TUESDAY October 31st, 1809, 9 OClock A. M.
The Council met pursuant to adjournment.
Recd from the House a bill entitled " an act reviving a land tax on New Huntington &c." with an order thereon referring the same to the 3d joint land tax Committee; which was read & it was then on motion Resolved to concur with the House in said reference.
Recd from the House the bill entitled an act granting relief to John Vincent, with an order of the House referring the same to the joint Committee on the Petition of James D. Butler, which was then read & on motion it was Resolved to Concur with the House in their said refer- ence.
Recd from the House the bill entitled an act constituting a Company of Artillery in Brattleboro, with an order referring the same to the joint Military Committee, which was read & it was Resolved to concur with the House in said reference.
The bill entitled "an act relating to writs of Error & Audita Querela" was called up & it was then Resolved to concur with the House in pass- ing the same with the following amendment, Viz. " Provided neverthe- "less & it is hereby further enacted that this act shall not take effect "until the first day of January next, & that the Secretary of State be & "hereby is directed to cause this act to be printed as soon as may be
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"three weeks succesively in the Vermont Republican printed at Wind- "sor & the Rutland Herald Printed at Rutland." And Mr Seymour as- signed the reasons to the House.
The Engrossed bill entitled "an act incorporating certain persons therein named &c. by the name of the Middlebury Marble Factory com- pany," was read & on motion [it] was Resolved to concur with the House in passing the same into a law.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
The following engrossed bills were recd from the House Viz. one entitled "an act authorising the administrators of the estate of Jonathan Parker deceased to settle disputes &c." one Entitled "an act directing the treasurer to credit the town of Fayston the sum therein mentioned," one entitled "an act directing the treasurer to pay certain monies therein mentioned," one Entitled "an act directing the treasurer to pay Atherton Hall the sum therein mentioned," one entitled "an act directing the Treasurer to pay the sums therein mentioned," & one entitled "an act laying a tax of 4 cents pr Acre on the town of Coventry," which were read & it was on motion Resolved to concur with the House in passing the same into laws.
Mr Rich, Member of the House. appeared in Council & returned the bill entitled "an act incorporating certain persons by the name of the Vermont Mineral Factory Company," & assigned the reasons of the House for nonconcurrence of the proposals of amendment of Council- when it was resolved that in the proposed amendment the words "thirty years" should be erased & "fifteen years" inserted, & then it was Resolved to concur with the House in passing said bill as amended.
Recd from the House a resolution of the House nonconcurring with resolution of the Legislature of Virginia, proposing to amend the Con- stitution of the United States that the House of Representatives may remove Senators of Congress, which was read & it was Resolved to con- cur with the House in passing said resolution of the House.
The bill entitled "an act establishing the principles upon which the list of this State shall be made," was called up & it was Resolved to con- cur with the House in passing the same with the following amend- ments, Viz. after the enacting clause erase the remainder of the bill, then add the following sections: "That any person within this State "having money on hand, or money due, or obligations payable either in "money or in cattle or any other Species of property, whether such obliga- "tions have become due or are payable at a future day, over & above the "debts due from such person. shall have the same set in the list at the "rate of Six dollars for every one hundred dollars, & it shall be the duty "of the person exhibiting to the listers a list of his polls, ratable estate "& property agreeable to the 9th Section of the Act to which this is an "amendment, to insert therein the amount of money on hand or due & "obligations of the description above mentioned over & above the debts "such person owes. Sec. 2d and it is hereby further enacted, that if the "listers of any town shall be of an opinion that any person has money on "hand or due or obligations of the description above mentioned over & "above the debts due from such person & has neglected to insert the "amount thereof in his list as aforesaid, or has inserted in his list a less "amount than he ought, the listers are empowered & it is hereby made "their duty to assess the person, so neglecting or so inserting too small "an amount, in such sum as in their opinion would be equal to six per "cent. on the amount such person has so neglected to put in his list, & "said listers shall notify the person so assessed of the amount of his
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"assessment, and every person feeling him or herself aggrieved by such "assessment may have the same relief and in the same manner as in "other cases of assessment is allowed by the Sth Section of the act to "which this is an amendment, provided that the person asking such relief "shall disclose on oath before the justice of the peace to whom he ap- "plies for relief the amount of money he has on hand, or due, & of obliga- "tions over & above what is due or owing from him, which oath shall be "administered by the said Justice in the form following, to wit: Yon, A. "B., do solemnly swear (or affirm as the case may be) that you will "make a true & faithful dislosure of all monies on hand, debis due or "obligations payable either in money, cattle or any other description of "property, whether such obligations have become due or are payable at "a future day, over & above what is due or owing from you, according to "your best judgment & knowledge. So help you God. Sec 3d And it "is hereby further enacted, that all property in this State owned by "persons out of this State Shall be set in the list the same as if the "owner resided in this State," & Mr Seymour assigned the reasons to the House.1
Adjourned to 9 OClock tomorrow A. M.
WEDNESDAY November 1st, 1809, 9 OClock A. M.
The Council met pursuant to adjournment.
Recd from the House the resolution appointing this morning the time for meeting in joint Committee of both houses for the purpose of choos- ing 13 directors of the State Bank & 5 Visitors of the State Prison, which was read and it was Resolved to concur with the house in passing said resolution with the following amendments: instead of " this morn- ing " for meeting insert " tomorrow morning," & Mr Dennison assigned the reasons to the House. Reed information from the House of their concurrance to the above amendment.
Mr Anstin, on motion of Mr Seymour, obtained leave of absence during the remainder of the term.
Recd from the House the following bills-one entitled. " an act in ad- dition to an act establishing a Turnpike Company by the name of the Missisquoi [Turnpike] Company," & one "giving the Northern turn- pike company further time." &c. with orders of the house referring the same to the joint Turnpike Committee, which were read & it was Re- solved to concur with the house in said reference.
Recd from the House the bills one entitled " an act to lay a land tax on the town of Barton," & one entitled "an act to revive a tax &c. on the town of Enosburgh Gore," with orders on each to refer them to 2d joint land tax Committee, which were read & Resolved to concur with the House in said reference.
Recd from the House the Engrossed bill entitled " an act relating to advertisements," and the bill " granting Caleb Hill a Ferry," [which] were read & it was on motion then Resolved to concur with the House in passing the same into laws.
The engrossed bills entitled, one, "an act establishing a Cotton & Woollen Manufacture at Windsor," and the bill entitled " an aet estab- lishing a Cotton & Woolen Manufacturing Company at Montpelier," were called up & read & it was on motion Resolved to concur with the House in passing the same into laws.
1 This third section is very inaccurately recorded in the journal, and is corrected above from the statute.
.
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Governor and Council-November 1809.
Recd from the House the following engrossed bills-one Entitled "an act granting to Edmund Knight a ferry," one "an act directing the treasurer to credit the town of Barnard the sum therein mentioned," one "an act assessing a tax of one cent on the dollar on the list of the present year" [state tax,] one "an act laying a tax of 4 cents on the acre on the town of Salem," one "an act Appointing a Committee to lay out a road from Derby to Guildhall," which were read & it was on motion then Resolved to concur with the house in passing them into laws.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
The Engrossed bill entitled "an act discharging David Ramsdill & others from a note therein mentioned," which had been sent down to the house which the nonconcurrance of Council, was returned from the House passed anew and Mr James Fisk appeared in Council & assigned the reasons, and the bill was read & it was Resolved to concur with the House in passing the bill.
Recd from the House the Engd bill entitled "an act granting to Ebenezer Clark a new trial," which was read & it was then Resolved to concur with the House in passing the same.
Reed from the House the engrossed bill entitled "an act in relation to the Winooski turnpike company," which was read & it was then Resolved to concur with the house in passing the same.
Recd from the House the Engrossed bill entitled "an act laying a tax on the County of Addison & for other purposes," which was read & it was Resolved to concur with the House in passing the same into a law.
Recd from the House the bill entitled "an act establishing & giving validity to the records of Waterford," which was read & was Resolved to Concur with the House in passing said bill into a law.
Adjourned to 9 OClock A. M. tomorrow.
THURSDAY November 2nd 1809, 9 OClock A. M.
The Council met pursuant to adjournment.
Recd from the House the following Engrossed bills-one End "an act authorizing the Surveyor General to procure certain records " &c. one Entitled "an act granting relief to an infirm Indian by the name of Joseph," which were severally read & it was Resolved to concur with the House in passing said bills into laws.
Recd from the House the accounts of Alexander Hutchinson and James H. Langdon, which were read & it was Resolved to concur with the House in referring them to the joint Committee of Claims,
Reed from the House the engrossed bill entitled "an act establishing a Company of Riflemen in the 3d Regiment 2d Brigade & 2ยช Division," which was read & it was on motion Resolved to concur with the House in passing said bill into a law, with an ament that none shall be enlisted ont of standing companies so as to reduce them below 60 rank & file.
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Pursuant to resolution the Gov. & Council met the House in the Representatives' room in joint Committee to Elect directors of the State bank and visitors of State's prison, which was compleated & the Gov. & Council Returned & adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Recd from the House the Engrossed bill entitled "an act releasing the body of Ebenezer Sawyer from arrest or imprison- ment during his natural life," which was read & it was Resolved to con- cur with the House in passing said bill with the following amendments, Viz. in the title of the act erase the words "natural life" & insert "Seven years," and in section 2d line 4th after the word "confined," [insert] "by
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the authority & for the causes mentioned in the 1st Section of this act," . & Mr Loomis assigned the reasons to the house.
Pursuant to adjournment the Gov. & Council met the House in the representatives' room for the purpose of compleating the County ap- pointments & after compleating the same the Gov. & Council withdrew & returned to their Chamber.
Recd from the House the bill entitled "an act establishing a Manufac- turing company at Barre," 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 said reference.
Reed from the House the engrossed bill entitled "an act altering the time of holding Franklin County Courts," which was read & it was Re- solved to concur with the House in passing the same.
Adjourned to 9 OClock tomorrow morning.
FRIDAY November 3d, 1809, 9 OClock A. M.
The Council met pursuant to adjournment.
Reed from the House the engrossed bill entitled "an act granting to James Lewis the right of keeping a ferry across lake Champlain from Addison Vt. to Moriah N. Y." which was Read & it was Resolved to concur with the house in [passing] said bill.
Recd from the house the following bills, Engrossed & sent up to the Governor & Council for revision & Concurrance or proposals of amendt, Viz. " An act laying a tax of one cent 5 mills per acre on the town of Marshfield," " An act laying 2 cents pr acre on the town of Bristol," "An act in addition to an act laying a tax of two cents per acre on the town of Canaan," "An act freeing the Body of Thomas Hodgkins from arrest." & " An act to remedy the mistakes of the present year in the List," which were severally read it was Resolved to concur with the House in passing the same into Laws. And also the following engrossed bills-"An act directing the State's Attorney of Bennington County to stay Proceedings against Aaron Wheeler & others," "An act granting relief to John Vincent," & one entitled "An act laying a tax of three cents per acre on the town of Irasburgh," which were read and it was Resolved to concur with the House in passing the same into laws.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The Council Met pursuant to adjournment.
Recd from the House the engrossed bill entitled "an act granting to Elisha E. Reynolds the right of Keeping a ferry," which was read & it was resolved to concur with the house in passing the same into a law.
Recd from the House the bill entitled "an act [in addition to an act] entitled an act establishing a State Bank," which was read & then it was Resolved to concur with the House in passing the same with the fol- lowing amendments, Viz. in Sec. 1st line 2d, erase the Sect. from the words "Vermont that" to the words " who shall that," & in line 6th from the bottom insert "every contract made by the directors assigned to either Branch of the Vermont State Bank for borrowing money agree- ably to the 5th Section of the act, to which this is an amendment. or for any other purpose relating to the interest of such Branch, shall be bind- ing on the whole of the directors of said Bank." Then in the Section 2d, after the words " determine the " insert " the sum each Branch shall be authorised to borrow & likewise the. amount." And Mr Seymour as- signed the reasons.
Recd from the House the Engrossed bills entitled, one, " an act direct- ing the Treasurer of the State to pay Freeman Vining the sum therein
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mentioned," one, "directing the treasurer to pay David Sanford the sum therein mentioned," & one entitled "an act laying a tax of 4 cents pr acre on the town of Fayston," which were read & Resolved to concur with the House in passing the same into laws.
Recd from the House the Engrossed bill entitled "an act in addition to an act for regulating & governing the militia of this State," which was read & it was Resolved to nonconcur with the house in passing said bill -and the following reasons were drawn up by the Lt. Governor & sent to the House, Viz. 1st, because it imposes a hard & unreasonable duty "upon those who are subject to do military duty & are appointed as "drummers & fifers-for they are obliged to attend with their respective "companies on their parades & also to attend all regimental reviews & "Parades &c. 2nd, Because said bill gives the drum & fife majors the "power of Calling out the drummers & fifers of their respective regi- "ments, but gives them no power to enforce such call by inflicting any "penalty for nonattendance. 3d because, generally, those who compose "the music of the Militia companies are frequently young men & lads "who are minors, who would be nnable to spend so much time & be at "so much expence as would frequently result from being so called out. "4th, Because there is no time fixed upon for their being convened, nor "any specified time that they may be held together when so called out- '& besides it is giving to Drum & fife majors the power never before "thought of: for these reasons & many more which may be adduced, the "Gov. & Council conceive it to lay an unreasonable duty upon that valu- "able Class of Citizens who by law are obliged to do military duty."
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