USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 37
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Recd from the house the Engrossed bill entitled "an act giving relief to [William] Scott, [John] Spencer & [Salmon] Elkins" was read & committed to Gov. Brigham, Messrs French & Crafts.
Adjourned to 9 OClock A. M. tomorrow.
SATURDAY November 4th, 9 OClock A. M.
The Council met pursuant to adjournment.
Recd from the house the Engrossed bill entitled "an act laying a tax of 2 Cents pr acre on the town of Craftsbury," which was read & Re- solved to concur with the house in passing the same.
Recd from the house the acct. of Oliver Barker with an order of the house referring the same to the joint claims [Committee,] which was Read & it was resolved to concur with the house in their said reference.
Recd from the House the account of the Visitors of the State's prison with an order of the house referring the same to the joint Committee of the State's prison, which was read & Resolved to concur with the house in said reference.
Recd from the House the following engrossed bills, one, end "an act directing the Treasurer to pay Alexander Hutchinson the sum therein mentioned," one End "An act for the relief of Alanson Ferris," & one entitled "an act to incorporate certain persons by the Name of the Ver- gennes Aqueduct Company," which were read & it was Resolved to con- cur with the house in passing the same into laws.
Recd from the house the bill entitled "an act empowering the land owners of Stowe to establish a resurvey." which was read & Resolved to concur with the house in passing the same with the following amend- ments: erase the word "a" in line 5th, sec 1st, after the word "resurvey," [and] insert the words "already made."
Adjourned to 2 OClock P. M.
273
Governor and Council-November 1809.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
Mr Keyes on motion & leave introduced a bill entitled "an act explan- atory of a certain section of an act granting the Waltham turnpike cor- poration," which was read & ordered to lie.
Recd from the house the engrossed bills, one Entitled "an act laying a tax in the County of Franklin," one End "an act for the appointment of a Surveyor of Public buildings," and one entitled "an act legalizing the proceedings of Kirby," and one entitled "an act in addition to an act for the Probate of Wills & the settlement of testate & intestate estates," which were severally read & it was Resolved to concur with the house in passing the same into laws.
Reed from the house the bill entitled "an act laying duties on Hawkers .& Pedlers," with an order of recommitment to the former committee, which was read & it was Resolved to concur with the House in said reference.
Reed from the house the petition of the inhabitants of Hardwick with this order of the house thereon: "In Gen. Assemby Nov. 4th 1809. Read & referred to the joint Committee on the act laying out a road from Canaan to Holland. W. D. Smith Clerk," which were read & it was Resolved to concur with the house in said reference.
Adjourned to 9 OClock Monday morning.
MONDAY Nov. 6th 1809, 9 OClock A. M.
The Council Met pursuant to adjournment.
Recd from the house the following Engrossed bills, one entitled "An act providing for the sale of the laws of this State," one entitled "an act laying a tax of 3 cents pr acre on the town of Kingston," one entitled "an act relating to the jurisdictional line between the towns of Rupert & Pawlett," one entitled "an act to continue an act laying a tax of 2 cents per acre on the town of Troy," one entitled "an act laying three cents per acre on the town of Barton," one entitled "an act to continue an act entitled an act laying a tax of one cent five mills on each acre of land of Enosburgh Gore," and one entitled "an act in addition to an act entitled an act for regulating & governing the militia of this State." & one entitled "an act in addition of & amendment to an act constituting the Supreme Court of Judicature" &c. which were severally read & Resolved to concur with the house in passing the same into Laws.
Recd from the house the bill entitled "an act to exempt from taxes or assessments certain property," with an order of the house referring the same to the joint Committee of Manufactures, which was read & it was then on motion Resolved to concur with the house in their said reference.
Recd from the house the Engrossed bill entitled "an act freeing the body of Daniel Coit from arrest," which was now called up and it was then on motion Resolved to concur with the house in passing the same with these amendments, Viz. in Section 2d line 1st after the words "Enacted that" erase to the words "for the" in the 5th line of the same section & insert "the body of Daniel Coit be & hereby is freed from arrest on any civil process & his property be freed from attachment or execution," & Mr Keyes assigned the reasons to the house.
Recd from the house the following resolution: "In General Assembly "Nov. 6th 1809. Resolved, the Governor & Council concurring herein, "that both houses meet in the representatives' room at 10 OClock fore- "noon on tuesday next for the purpose of adjourning the General "Assembly without day. Attest W. D. Smith Clerk," which was read & it was then ordered to lie on the table.
18
274
Governor and Council-November 1809.
Resolved to concur with the house in passing the Bill entitled "an act directing the treasurer to pay Israel P. Dana the sum therein men- tioned."
The bill entitled " an act Freeing the body of Jonathan H. Oak from arrest " was called up & read & it was then Resolved to concur with the house in passing the same with the following amendments, Viz. in 7th line of Section 1st, after the word " Execution," erase the words " Issued under the authority of this State." In Sec. 2nd. 4th line, after the word " liberties " erase " of any prisoner which may hereafter be confined," and add the word " thereof." Also add the following: " Provided nevertheless that this act shall not extend to any present confinement under the authority of the United States," & Mr Loomis assign the reasons to the house.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Recd from the House the Engrossed bill entitled " an act relating to the duties of Proprietors' Clerks," which was read & Resolved to nonconcur with the House in passing the same & Messrs Loomis & Crafts appointed to draw the reasons as follows: "1st. Be- " canse the passing of this bill would deprive the proprietors of one es- " sential corporate right, Viz. that of choosing their clerk. 2d. it would " deprive them of the important right of making & holding their own " Records, books, maps & papers of every name & nature appendant to " the office of proprietors' clerk. 3d. It would be highly oppressive to " subject the proprietors to prosecution & penalty for each month's neg- " lect of compliance with requisites of the bill. 4th. Because it would " subject the proprietors to the necessity of having their records &c " kept, & duties of Clerk performed by a person appointed by the Town " whose interest may be opposed to that of the proprietary. 5th. Be- "cause no material injury or inconvenience can arise under the existing " laws as the proprietors are obliged to appoint their Clerk & Keep their "records in the town if organized."
Recd from the house the engrossed bill end "an act laying a tax of 4 cents pr acre on the town of Waitsfield," one entitled "an act direct- ing the treasurer to pay Joel Tinker the sum therein mentioned," one entitled "an act Laying a tax of 3 cents. pr acre on the town of West- more," which were read & it was then Resolved to concur with the house in passing the same into laws.
Recd from the house the following Engrossed bills, Viz. one Entitled "an act incorporating a Manufacturing Company in Barre," one entitled "an act for the relief of Thomas Whittle," one entitled "an act direct- ing the State's atty. to Stay a certain prosecution therein mentioned," one entitled "an act in addition to an act establishing the Passumpsic Turnpike Company," one entitled "an act directing the treasurer to pay Eleazer Wheelock the sum therein mentioned." one entitled "an act in addition to an act establishing a corporation by the name of the Missisqui Turnpike Company," one entitled "an act empowering Aaron Shepherd, Levi Stevens, & Mark Norris to make certain alterations in the County road leading to [from] Stanley's Mills to Montpelier," one entitled "an act directing the Treasurer to pay the sum therein men- tioned," & one entitled "an act constituting a Company of Artillery in Brattleboro," which were read & it was Resolved to concur with the house in passing the same into Laws.
Recd from the house the engrossed bill entitled "an act making Ver- mont bills a tender for the payment of land taxes," which was read & Resolved to concur with the house in passing the same with an amend- ment striking out the last section. Mr Seymour assigned the reasons to the house.
275
Governor and Council-November 1809.
Recd from the house an engrossed bill entitled "an act for the support of schools," which was read & it was Resoived to concur with the house in passing the same into a Law.
Recd from the House the engrossed bill entitled "an act in addition to several acts directing the mode of choosing State officers," which was read & it was Resolved to nonconcur with the house in passing the same, & Messrs Brigham & Loomis drew up the following reasons which were sent to the house, Viz. 1st, Because the provisions of the bill would tend to perplex & render uncertain the mode of admitting free- men, especially such as shall come from other States & shall offer them- selves to become freemen. It would operate as a partial disfranchise- ment to those who are freemen & may remove from towns where they had been admitted, to other towns, within three calender months next preceding the time of holding freemen's meeting, and in such case they would be deprived of the privilege of voting for representatives, a right given them by the Constitution which cannot be taken away except upon the conviction of some criminal act. 2d, Because multiplying the · laws relative to freemen's meetings will tend to perplex & embarrass the proceedings of such meetings rather than render the same more in- telligible, & altho' some evils may exist under the laws now in force, it is feared that passing the present bill will not diminish the number.
Adjourned to 9 OClock Tomorrow morning.
TUESDAY November the 7th, 9 OClock A. M.
The Council met pursuant to adjournment.
Recd from the House. the following engrossed bills, one entitled "an act incorporating a fire Company in Montpelier," one entitled "an act extending further privileges to the northern Turnpike Company," one entitled "an act providing for the regulation of the State's prison," one entitled "an act relating to manufactures," one entitled "an act directing the treasurer to pay James H. Langdon the sum therein mentioned," one entitled "an act for the relief of Winthrop Hill," & one entitled "an act to remedy a mistake in the act granting a tax to Barton," which were read & it was Resolved to concur with the house in passing the same into laws.
Recd from the House the bill entitled "an act appointing a committee to settle with the commissioners for building the State's prison," which was read & Concurred with this amendment Viz. insert in line 2d from the bottom after the word "time," [the words] "and draw orders on the treasurer for the amount due [to] said Visitors," and Mr. French assign the reasons to the house.
Recd from the House a resolution requiring the trustees of the Uni- versity of Vermont to make a report to the house next session relating to said University & its funds &c. which was read & Resolved to concur with the house in passing the same.
The resolution appointing a time to adjourn the Gen. Assembly was read & Concurred with an amendment erasing "tuesday" & inserting "wednesday." Lt. Gov. [Brigham] assigned the reason.
The bill as reported by Mr. Seymour relating to the Waltham Turn- pike Company was read & ordered to lie.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- The Council met pursuant to adjournment.
The following debenture of the Council was made out, read & accepted Viz.
276
Governor and Council-November 1809.
Days
Attendance.
Amount
Attendance.
No. of Miles.
Amount
of
Mileage.
Whole
Amount.
Paul Brigham Lt. Govr.
28
· 112
50
6 5 04
118;
Elias Keyes ..
28
42
42
47 04
Horatio Seymour.
23
34 50
58
6 96
41 46
Berialı Loomis
27
40 50
40
4 80
45|30
Samuel C. Crafts.
24
36
42
5 04
41 04
Noah Chittenden
28
42
30
3 60
45 60
William Hunter.
27
40 50
60
7 20
47 70
Frederick Bliss.
27
40 50
52
6 24
46 74
Gilbert Dennison ..
16
24
116
13 92
37.92
Josiah Wright
12
18
150
18
36
Ezra Butler.
20
30
12
1 44
31|44
Apollos Austin.
17
25 50
76
9 12
34 62
Rollin C. Mallary Secy.
26
65
80
9.60
74 60
Israel P. Dana Sheriff ..
28
42
30
3 60
45 60
Old Council .
Chauncey Langdo
2
3
75
9
12
Solomon Miller.
2
3
30
3.60
6,60
Zerah Willoby.
2
3
47
5.64
8|64
Asa Lyon. .
2
3
64
7 68
10|68
Samuel Fletcher
2
3.
100
12
15
Reuben Hatch
2
3
50
6
9
Daniel Dana ..
2
3
75
9
12
John Elsworth.
2
3
33
3.96
6 96
Haines French (of new Counl. ).
24
36
80
9 60
45 60
William Page Junr. Secy.
3
7 50
60
7!20
14 70
$628 50
918
110|16
$738 66
-
-
Reed from the House the Engrossed bill entitled "an act relating to the Winooskie Turnpike company," which was read & it was Resolved to coneur with the house in passing the same into a law.
Reed from the House the engrossed bill entitled "an aet directing the treasurer to pay Oliver Barker the sum therein mentioned," which was read & it was then on motion Resolved to coneur with the house in passing the same with the following amendments: erase the words "four hundred dollars " & insert " one hundred & fifty dollars," & Gov. Brig- ham assign the reasons to the house.
Reed from the house the bill entitled " an act for the relief of [Will- iam] Scott, [John] Spencer & [Salmon] Elkins," was read & it was Re- solved to concur with the house in passing the same with the following amendments: In 2nd page 4th line from the top erase the words " as bail as aforesaid." In 7th Section erase the last line. Then add the follow- ing section, Viz. "Section 14. And it is hereby further enacted that if one or both of the Papers mentioned in this act should be discontinued, the notifications mentioned in this aet may be made in some other paper printed in said County of Caledonia, & such notification or notifications shall be deemed & considered as valid as if the same should be made in the manner provided in this aet," & Mr Loomis assign the reasons to the House.
Reed from the House the engrossed bill entitled "an aet discharging the body of Thomas Reed from arrest," which was read & concurred.
Mr Hunter was appointed to receive the debenture from the Treas- urer & deliver the same to the members.
of
277
Governor and. Council-November 1809.
Recd from the House the engrossed bill entitled "an act suspending civil process in Certain Cases & [for] other purposes," read & it was Re- solved to concur with the house in passing the same with the following amendment: Sec. 2d line 2ª erase the words " and shall hereafter be ren- dered " & in Sec. 4th, line 2d, erase "commenced & prosecuted" & insert " pleadings "; in the 3d line after the word " indorsee " insert " in all cases where judgment has been rendered in favor of any indorsee."
The following resolution was introduced & carried, Viz. Resolved. the House of Representatives concurring herein, that all the unfinished business at the close of the present Session of the Gen. Assembly be referred to the next Session of the Legislature, directing it to be re- turned to the Clerk of the house of Representatives; & Ordered that the Secretary carry the same to the House for concurrance.
Recd from the house the engrossed bill entitled " an act making pro- vision for the collections of debts due the [State] bank," which was read & Resolved to concur with the House in passing the same.
The bill entitled " an act relating to betterments " was called up and read & then it was Resolved to nonconcur with the house in passing the same.
Resolved that the Council do request & advise his Excellency to ap- point the third Wednesday of April next to be observed as a day of fasting & prayer throughout this State & that he issue his proclamation accordingly.
Pursuant to the law empowering the Governor & Council to appoint a Surveyor of Public Buildings, the Governor & Council proceeded to the Choice: the ballots were taken, sorted & Counted and Sylvanus Bald- win had a majority of the votes & was declared duly elected. & the Sec- retary was directed to give him notice of his appointment.
Adjourned to 8 O'clock A. M. tomorrow.
WEDNESDAY November Sth, 1809, 8 OClock A. M.
The Council met pursuant to adjournment.
The Lt. Governor introduced the following resolution: Resolved, that the Governor be advised to lay over to the next session of the legisla- ture the petitions of Andover, Londonderry, Peru & Winhall respect- ing a New Regiment &c. without any further proceeding; which was read & it was Resolved to pass the same.
Recd from the house the following resolution, Viz. Resolved, the Gov- ernor & Council concurring herein, that the visitors of the State's prison shall in all things govern themselves according to the 7th Section and 7th article of the bye laws until the rising of the next Legislature; which was read & it was Concurred.
Recd from the house the bill " making appropriations for the present year," which was read & Resolved to concur in passing the same.
The resolution respecting unfinished business was returned from the house with their Concurrance.
Recd information from the House that they had concurred with the Governor & Council in their proposals of amendment to the following bills & that the same had become laws, Viz. "The bill appointing a Committee to settle with the commissioners for building the state's prison," The bill entitled " an act making Vermont State bank bills a tender for the payment of land taxes," The bill entitled " an act freeing the body of Ebenezer Sawyer from imprisonment during his natural life," "An act laying 2 Cents pr acre on the town of Groton," "An act to revive an act laying a tax of 2 cents pr acre on the town of Bakers-
278
Governor and Council-November 1809.
field," "An act establishing a Rifle Company in 3d Reg. 2ª Brigade & 2ª Divis"," " An act concerning Writs of Error & audita querela," "An act ascertaining the principles upon which the lists of this State shall be made up," "An act incorporating the Vermont Mineral factory Com- pany," "An act incorporating Robert Bowne, Isaac Clason & John A. Graham & their associates," "An act directing the Commissary General to procure ordinance for this State & appropriating a sum of money for the same," "An act directing the Treasurer to pay the sums therein mentioned," and " An act to exempt from taxes or assessments certain property therein mentioned."
Recd from the House the following message: The bill entitled " an act relating to the Waltham Turnpike Company," which was sent down for concurrance, was read & referred to the next Session of the Legislature. Extract from the Journals, Attest W. D. Smith Clerk.
Pursuant to the concurrant resolution of both houses the Gov. & Council met the house in joint Committee for the purpose of Electing a High Bailiff for the County of Franklin, which being compleated, the Throne of Grace was addressed by Elder Haynes the Chaplain of the house, and the Sheriff of Caledonia County then, by order of the Gov- ernor, by proclamation adjourned the Legislature without day.
A true Journal of Council,
Attest ROLLIN C. MALLARY, Secy.
THIRTY-FOURTH COUNCIL.
OCTOBER 1810 TO OCTOBER 1811.
JONAS GALUSHA, Shaftsbury, Governor. PAUL BRIGHAM, Norwich, Lieut. Governor.
Councillors :
BERIAH LOOMIS, Thetford,
GILBERT DENISON, Guilford,
NOAH CHITTENDEN, Jericho,.
SAMUEL C. CRAFTS, Craftsbury,
ELIAS KEYES, Stockbridge,
HAINES FRENCHI, Maidstone,
JOSIAH WRIGHT, Pownal,
HORATIO SEYMOUR, Middlebury,
EZRA BUTLER, Waterbury,
WILLIAM HUNTER, Windsor,
FREDERICK BLISS, Georgia, PLINY SMITH, Orwell.
ROLLIN C. MALLARY, Castleton, Secretary.
ISRAEL P. DANA, Danville, Sheriff.
BIOGRAPHICAL NOTICE.
PLINY SMITH represented Orwell in the General Assembly 1798 until 1810, when he entered the Council and served 1810 until 1813, and again 1815 until 1819. He was Assistant Judge of Rutland County Court 1805 and 1807 until 1811, and Chief Judge 1811 until 1820-mak- ing continuous public service for twenty-two years .- Deming's Cata- logue.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION WITH THE GENERAL ASSEMBLY AT MONTPE- LIER, OCTOBER 1810.
STATE OF VERMONT SS.
At a Session of the Governor & Council of the State of Vermont be- gun & holden at Montpelier in said State of Vermont on the eleventh day of October in the year of our Lord Christ one thousand eight Hun- dred & ten, the following is a true Journal of their proceedings. Present His Excellency Jonas Galusha Esquire Governor; His Honor Paul
280
Governor and Council-October 1810.
Brigham Esqr. Lt. Governor; The Honorable Elias Keyes, Josiah Wright, Frederick Bliss, William Hunter, Gilbert Dennison, Haines French, Samuel C. Crafts, Horatio Seymour, Noah Chittenden, Beriah Loomis & Ezra Butler Esquires Councillors. Rollin C. Mallary Secre- tary; Israel P. Dana Esquire Sheriff of Caledonia County.
Mr Leeland, from the House, appeared in Council and informed the Governor & Council that the House of Assembly had organiz'd and that they were ready to receive any communications that the Governor & Council may please to make, and then he withdrew.
Mr Seymour on leave introduced the following resolution: Resolved, that there be appointed a Committee of five members to join such Com- mittee that the House may appoint for the purpose of receiving, sorting & Counting the votes for Gov., Lt. Gov., Treasurer, & Councillors for the year ensuing .- Members Chosen Messrs Keyes, Seymour, Butler, Crafts & Dennison. Ordered that the Secretary inform the House of the above proceedings.
Adjourned to 4 O'C. P. M. 1
4 OCLOCK P. M .- Council met pursuant to adjournment.
The Gov. & Council proceeded to the Representatives' room when the following report was presented by the chairman of the Canvassing Committee which was read as follows:
To the General Assembly now sitting: The Committee appd to receive, sort & count the votes for Gov., Lt. Gov., Treasurer & Councillors, do report & declare that His Excellency Jonas Galusha Esqr. is Elected Governor; His Honor Paul Brigham Esqr. is Elected Lt. Governor; Benjamin Swan Esquire is elected Treasurer; and that the Honorable Noah Chittenden, Beriah Loomis, Samuel C. Crafts, Gilbert Denison, Frederick Bliss, William Hunter, Horatio Seymour, Ezra Butler, Haines French, Josiah Wright, Pliny Smith, & Elias Keyes Esquires are Elected Councillors for the year ensuing. ELIAS KEYES for Comee.
Montpelier Oct 11th, 1810.
The Gov. & Co. returned to their Chamber and adjourned to 9 O'C. A. M. tomorrow.
FRIDAY October 12th, 1810, 9 O'C. A. M.
The Council met pursuant to adjournment.
The Lt. Governor & Council proceeded to the Representatives' room and after an address to the throne of Grace by the Chaplain of the House, the oaths of office were administered to the Lt. Governor & the members of the Council Except the Hon. Josiah Wright. The Lt. Gov. & Council returned to their Chamber.
The Hon. Josiah Wright appeared in Council when the Oaths of office were duly administered and he took his seat as Councillor.
Adjourned to 2 O'C. P. M.
. 2 O'C. P. M .- Council met pursuant to adjournment. No business appearing before the Gov. & Council they adjourned to 9 O'C. A. M. tomorrow.
1 The Washingtonian (Windsor) of Oct. 22 1801, states that the Wash- ington Artillery Company, Capt. Nathan Doty, escorted the state and legislative officers and members to the State House, where "a pathetic, chaste, and appropriate Sermon was delivered by the Rev. CHESTER WRIGHT, from Psalms, lxxxix, 15, " Blessed is the people that know the joyful sound."
281
Governor and Council-October 1810.
SATURDAY Oct. 13th, 1810, 9 O'C. A. M.
The Council met pursuant to adjournment.
His Excellency the Governor, the Lt. Gov. & Council proceeded to the representatives' room, when the oaths of office were duly adminis- tered to His Excellency Jonas Galusha Esqr as Governor by His Honor the Chief Justice of the S. C. of the State of Vermont, when his Excel- lency made the following Speech. 1
The Governor & Council returned to their Chamber.
Recd from the House a Resolution appointing Committees of the house to join a Committee from Council for the following purposes: one Committee to be denominated a Committee of "Suspensions," one de- nominated a Turnpike Committee, one denominated a Committee of Claims, one denominated the 1st land tax Committee, one denominated the 2d land tax Committee, one denominated the 3d land tax Committee, one denominated a Committee of New Trials, one denominated a Mili- tary Committee. The following members chosen on the part of the house to fill the foregoing Committees: Turnpike Comee E. Bailey, J. Aiken, Thrall, Clapp; Comee of Claims, Whitney, Barnes, Henry, D. Kimball; Suspension Comee, Farnsworth, Fisk, Gardner, Griswold; 1st Land Tax Comee, Fitch, Brownson, Kennon, Robinson; 2ª land tax Comee, Dana, G. Rich, B. Kinney, Farley; 3ª land tax Comee, Rising, Graves, Collins, Deming; Military Comee, Hendee, Whitney, Field; New Trial Comee, Hutchinson, Olin, J. Smith, Griswold. The foregoing Committees were joined from Council: Mr Keyes on Turnpike Comee, Mr Loomis on Comee of suspension, Mr Chittenden on 1st land tax; Mr Butler on 2d land tax; Mr Wright on 3ª land tax; Mr Seymour on new trials; Gov. Brigham on Military Comee, and Mr Hunter on Comee of Claims.
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