USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 39
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There are now received by me 228 copies of the laws of the United States passed [at] the 2ยช Session of the 10th Congress, they being this State's proportion of the same. The Gen. Assembly will please to direct the mode of distribution.
With Respect, yours,
JONAS GALUSHA.
Hon. D. Chase Esq. S. G. A.
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Governor and Council-October 1810.
Recd from the house the following engrossed Bills: one entitled "an act for the relief of Ebenezer Markham," one entitled "an act for the relief of Thomas Law," one entitled "an act altering the name of Hiram Bigelow " [to Hiram Bigelow Strong, ] which were severally read and it was Resolved to concur with the house in passing the same into Laws.
Recd from the house the following petitions, Viz. of O. Chapin & oth- ers for a turnpike; For a Turnpike through Plymouth; Of Inhabitants of Fairhaven, Castleton & Hubbarton; Remonstrance from Sudbury; . [and] Pet. from Shrewsbury for a Turnpike, with an order of the house on each to refer them to the joint Turnpike Committee, which were read & it was Resolved to concur with the house in their said reference.
Recd from the house the pets. of Nathan Shed, of Henry Whitcher, [and] of Oliver Harmon, with an order of the House on each referring them to the joint Comee of Claims, which being read it was Resolved to concur with the house in their said reference.
Recd from the house the Pets. of Jonathan Ware, of Benjamin Water- man, [and] of Shipley Willis, with an order of the house to refer the same to the joint Comee of Insolvency & Suspension, which being read it was Resolved to concur with the House in their said reference.
Recd from the house the pet. of Middlesex for a land tax with an order of the House referring the same to the 1st joint Comee of land taxes, which being read it was Resolved to concur with the house in their said reference.
Reed the Pet. of Sheldon for a land tax with an order of the house to refer the same to the joint Comee on land taxes the 2d, which was read & it was Resolved to concur with the house in passing the same.
Recd from the house the Pet. of the proprietors of Sheffield with an order of the house referring the same to a Comee of 4 to join a Comee of Council, which was read & it was Resolved to join said Comee of the House & Mr Bliss was appd.
Recd from the house the pet. of Inhab. of Deweysburgh with an order of the house to refer the same to the joint Comee on the pet. to annex Deweysburgh to Peacham, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house the pets. of John W. Blake & Curtiss Holgate with an order of the house on each to refer the same to the joint Com- mittee on the bill for building a bridge across the narrows of Lake Memphramagog, which was read & it was Resolved to concur with the house in passing the same.
Recd from the house the pet. of Coit's Gore for a town by the name of Walpole, with an order of the house referring the same to the joint Committee on the pet. of Wardsboro N. District, which being read it was Resolved to concur with the house in their said reference.
Adjourned to 2 O'C. P. M.
2 ('C. P. M .- Council Met pursuant to adjournment.
Recd from the house the Engrossed bill entitled "an act Suspending the collection of a demand agt. Jonathan Hastings & Luke Noble," which was read & it was Resolved to concur with the house in passing the same into a law with the following proposals of amendment, Viz. " Sec 2d, and it is hereby further enacted, that the Clerk of the Supreme "Court in Bennington County be and hereby is authorised and im- "powered to issue an alias Execution on the aforesaid Judgment at any "time within one year after the first day of October next if the Jugt. be "not then paid, any law or usage to the contrary notwithstanding." [In
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Governor and Council-October 1810.
Section one] after the word "year" add from the "1st day of October in- stant;" after "day of" erase "October' & insert "March last."
Recd from the house the pet. of Nathan Burton agent for the Frank- lin Artillery Co. with an order of the house referring the same to the joint Military Comee, which was read & Resolved to concur with the house in their said reference.
Recd the petitions of Ben. Porter, Sylvanus & Samuel Brigham, for a new trial, which were read & it was Resolved to concur with the house in referring the same to the jt. Comee of New trials.
Recd from the house the Pet. of Abel Platt with an order of the house referring the same to the joint Comee on the Pet. of John Dunbar, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house the Pets. of Morgan & Victory praying for land taxes with an order of the house on each referring the same to the 3d joint land tax Comee, which were read & Resolved to concur with the house in their said references.
Recd from the house the pet. of Ira Allen praying for an act of Sus- pension with an order of the house referring the same to the jt Comee of Suspension & insolvency, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house the pet. of the Rutland & Stockbridge Turnpike Company with an order of the house to refer the same to the joint Turn- pike Committee, which being read it was Resolved to concur with the house in their said reference.
Reed from the house the pet. of Woodbury, Calais, & Montpelier for a land tax, with an order of the house to refer the same to the joint 24 land tax Comee, which was read & it was Resolved to concur with the house in their said reference.
The Pets. of Cavendish, for the pardon of Abel Whitman; of Royall Freeman; of N. Stevens ; of John Flanigan; of George G. Giles ; of Ephraim Lilly; of Chester Pease; of Abel Willard; of Benjamin Cul- ver; Seth Paine, & of Michael Pardue; who state that they are confined to hard labor in the State's prison pursuant to sentences of the Supreme Court, for the terms of time in their pet. mentioned, praying for pardon, which were severally read and then Ordered to lie on the table.
The Pet. of Daniel Wilber, who had been convicted and Sentenced to hard labor, praying for a pardon, which was read & ordered to lie.
Adjourned to 9 O'C. A. M. Tomorrow.
FRIDAY October 19th, 1810, 9 O'C. A. M.
Council met pursuant to adjournment.
Reed from the House the report of president of the State Bank with an order of the house to refer the same to the joint Commee on the resolution of [as to ] the State Bank, which was read & Resolved to concur with the house in said reference.
Recd from the house the pet. for an academy in Addison with an order of the house referring the same to the joint Committee on the Pet. from West Rutland for an academy, which was read & it was Resolved to concur with the house in their said reference.
Pet. of proprietors of Orange with an order of the house referring the same to the joint Comee on the pet. of Mt. Tabor, which was read & it was Resolved to concur with the house in their said reference.
Reed from the house the pet. of Thos. Bird & others with an order of the house referring the same to the joint Comee of Manufactures, which
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was read & it was Resolved to concur with the house in their said reference.
Recd from the house the bill end "an act directing the treasurer to pay the first constable of Lyndon the sum therein mentioned," and also the Pet. of John Barry, with orders of the house on each referring the same to the joint Committee of Claims, which were read & it was Resolved to concur with the house in their said reference.
Recd &c. the pet. of Horatio Reed & account, with an order of the house to refer them to the joint Comee on the pet. of Seth Wetmore, which being read it was Resolved to concur with the house in their said reference.
Recd the Pets. of Dexter Ward; of Artemas Moses; of Folsom Dean; and the pet. of Eleazer W. Keyes, cach praying for an act of Suspension, with orders of the house on each referring the same to the joint Comee of Suspension, which being read Resolved to concur with the house in their said reference.
Recd &c. the Pet. of St. Johnsbury & Lunenburgh for land taxes, with an order of the house on each referring the same to the 2d joint Land tax Committee, which was read & Resolved to concur with the house in their said reference.
The Pet. of Nathan Stephens, Stating that he had been convicted of Committing a Rape &c. praying for a pardon, was called up, read & ordered to lie on the table for consideration.
The Pet. of John Norton Jr. was called up, read & ordered to lie on the table for further consideration.
Adjourned to 2 0'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Recd from the house the bill end "an act directing the treasurer to pay the sums therein mentioned," with an order of the house to refer the same to the joint Comee of Claims, which being read it was Resolved to concur with the house in passing the same order of reference.
Reed from the House the pet. of David Pike with an order of the house referring the same to the joint Comee on the Pet. of Stephen Roe Bradley, which was read & it was resolved to concur with the house in said reference.
Recd the memorial of Josiah Bates vs Lawrence Powers with an order of the house referring the same to the joint Comee of New Trials, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house the pet. of proprietors of Mt. Tabor, which had been this Session referd to a joint Comee who made report which was not accepted, and by order of the house referred to the same Commee, which was read & it was Resolved to concur with the house in recommitting said petition to the aforesd Commee.
Recd from the house a pet. for an Independant Company in Essex County, with an order of the house to refer the same to the joint Military Comee, which was read & it was Resolved to concur with the house in said reference.
Recd from the house the following Resolution: "In Gen. Assembly Oct. 19th 1810. Resolved, the Gov. & Council concurring herein, that both houses meet in the Representatives' room tomorrow morning at 10 O'C. for the purpose of Electing a Major General to fill the vacancy occasioned by the removal from this State of Gen. Cogswell; also a Major General to fill the vacancy occasioned by the resignation of Maj. Gen. Strong; and a Brigadier General to fill the vacancy occasioned by the resignation of Gen. Fuller, and also a Brigadier General to fill
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Governor and Council-October 1810.
the vacancy occasioned by the resignation of Gen. Hendee. Attest W. D. Smith Clk."-which being read, it was Resolved to concur with the house in passing the same.
The pet. of John Norton Jr. was called up and the Subject of the pet. being divided: the question being put "Shall the prayer of the pet. be so far granted as it relates to the remission of the fine?" and the yeas & nays being called for, they were,-Yeas None, Nays, N. Chittenden, Loomis, Crafts, Dennison, Bliss, Hunter, Seymour, Butler, French, Wright, Smith & Keyes. So the question was decided in the negative.
Adjourned to 9 O'C. A. M. tomorrow.
SATURDAY Oct. 20th, 1810, 9 O'C. A. M.
The Council met pursuant to adjournment.
The pet. of Nathan Stephens Jr. was called up read & on debate it was unanimously ordered to be dismissed.
Pet. of Obadiah Wheeler & Joseph Barney was recd with an order of the house recommitting the same to the joint Comee appointed on the same, which was read & it was Resolved to concur with the house in their said reference.
The Gov. & Council pursuant to adjournment met the house in joint Committee for the purpose of compleating the County appointments; and after progress [the joint Committee] adjourned to 2 O'C. P. M. They returned to their Chamber & Council adjourned to 2 O'C. P. M.
2 O'C. P. M .- The Council met pursuant to adjournment.
The Gov. & Council met the house in the Representatives' room agreeable to adjournment, & then [the joint Committee] adjourned to tuesday next 2 O'C. P. M. for the purpose of Electing Generals as by a resolution appointed; and to wednesday next at the opening of the house in the morning for the purpose of completeing County appoint- ments. Then the Gov. & Co. returned to their Chamber.
The pet. of Benjamin Culver, praying for a pardon, was called up and on the question "Shall the prayer of said petition be granted?" The yeas & nays were called for & taken as follows: Yeas, Messrs Dennison, Hunter, French, Wright, Smith, Keyes & his Hon. the Lt. Governor. Nays were Messrs Loomis, Bliss & Seymour. So the question was de- cided in the affirmative and the prayer of said pet. was granted. The Gov. was requested by Council to issue a pardon to the said Benjamin Culver in the following form, to wit.
STATE OF VERMONT, SS. Whereas Benjamin Culver of Berlin in the County of Orange stands convicted of Record by the Supreme Court . of Judicature at their session holden at Danville within & for the County of Caledonia on the third tuesday next following the fourth tuesday of August A. D. 1809, for the crime of Larceny, and has been sentenced by said Court in consideration of his offence to be confined to hard labor for the term of three years within the State's prison and to pay all costs of prosecution, in pursueance of which conviction and sentence the said Benjamin Culver is now confined in said prison: And whereas the said Culver hath preferred his petition to the Governor & Council praying for a pardon for his said offence and remission of his said sentence: In consideration of which the Governor & Council of said State have Voted & Resolved to pardon the said Culver and to remit the pains & penal- ties of said Sentence and have requested the said Governor to issue a pardon to him the said Culver in due form of Law: Now, be it Known to all to whom it may concern, that I, the undersigned, Governor in & over the State of Vermont, do in my own name & for & in behalf of the
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Governor and Council-October 1810.
Council of the State, for divers good causes, us, thereunto, especially moving, freely & fully Pardon the said Benjamin Culver: and by these presents, do remit, release & exhonerate the said Benjamin Culver of & from all legal disabilities, pains & penalties incurred in & by said Convic- tion & Sentence. In testimony whereof. I have caused the seal of the State to be hereunto affixed. Done in Council Chamber at Montpelier this 20th day of October A. D. 1810. JONAS GALUSHA.
By His Excellency's Command,
R. C. MALLARY, Secretary.
Ordered that the Secretary issue the following warrant:
IN COUNCIL CHAMBER, Montpelier, October [20] A. D. 1810.
To the Visitors, Superintendant & Keeper of the State's Prison, GREET- ING: Whereas Benjamin Culver of Berlin & County of Orange Stands convicted of Record, by the Supreme Court of Judicature at their Ses- sions holden at Danville within & for the County of Caledonia on the third tuesday next following the fourth Tuesday of August A. D. 1809, of the erime of larceny, and has been sentenced by said Court in con- sideration of his said offence to be confined to hard labor for the term of three years, within said State's prison, and to pay costs of prosecution: In pursuance of which conviction, and to carry said sentence into effect, the said Benjamin Culver is by virtue of a warrant issued by said Su- preme Court, now a prisoner in your custody within said prison: And whereas the Governor & Council, on the humble petition of said Benja- min Culver, and [in] pursuance of the power vested in them by the Constitution, fully & freely pardoned the said Benjamin Culver, and have remitted all & singular the legal pains & penalties of said Sentence: These are therefore, By The authority of the State of Vermont, to com- mand & require you and each of you, forthwith, no longer to restrain the said Benjamin Culver of his liberty, but permit him to go at large, from the walls of said prison, whither he will; strictly commanding you not to detain him for Costs of prosecution or on any other pretence whatever: of which doings these presents shall be your sufficient warrant.
By order of His Excellency the Governor & The Honorable Council.
Attest R. C. MALLARY Secretary.
Recd from the House the bill entitled " an act laying a tax of 3 cents per acre on the town of Greensboro' " with an order of the house refer- ring the same to the joint 1st land tax Comee, which was read & it was Resolv'd to concur with the house in said reference.
Recd from the house the pets. of Daniel Stanniford & Jonah Grover, with an order of the house referring the same to the joint Comee of Claims, which were read & it was then Resolved to concur with the house in their said reference.
Recd from the house the pet. of Silas Hathaway, which had been pre- viously committed to a Comee who made report, with an order of the house referring the sd pet. to the aforesd Comee, which was read & it was Resolved to concur in their said reference.
Reed from the house the pet. of Samuel & Keron Pond with an order of the house to refer the same to a Comee of 4 to join, which was read & it was Resolved to concur with the house in sd reference & Mr Se, . mour was appointed to join.
Recd from the house the pet. of Poultney Turnpike Co. with an order of the house referring the same to the joint turnpike Comee, which was read & it was Resolved to concur with the house in their said referenc :.
Recd a Pet. for the Lyndon Manufacturing Company, with an order Di the house referring the same to the joint Comee of Manufactures, which
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was read & it was Resolved to concur with the house in their said ref- erence.
Recd from the house the following engrossed bills, Viz. one entitled " an act directing the treasurer to pay Josiah Dunham the sum of ninety- one dollars "; one Entitled "an act incorporating a Company by the name of the Thetford Mineral Company," and one entitled " an act to incorporate a Company by the name of the Orange Mineral Company," which were severally read & it was Resolved to concur with the house in passing the same into laws.
Adjourned to 9 O'C. Monday A. M.
MONDAY, October 22d, 1810, 9 O'C. A. M.
The Council met pursuant to adjournment.
Recd from the house the pet. of the Rifle Company in Rutland, which had been committed and then by an order of the house recommitted to the first appd Comee, which was read; Resolved to concur with the house in their order of recommitment.
Recd the Pet. of Amos Babcock 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.
Recd the Pet. from Middletown for a turnpike, which was laid over from last Session and now called up, with an order of the house refer- ring the same to the joint turnpike Committee, which was read & Re- solved to concur with the house in their said reference.
Recd from the house the following engrossed bills: one Entitled "an act granting a tax of three cents pr acre on the town of Fairfield," and one entitled " an act to establish the town records of Eden," which were read & it was Resolved to concur with the house in passing the same into laws.
The following resolution was brought forward & passed: In Council Oct. 22d, 1810. Resolved, the General Assembly concurring herein, that a joint Committee be appointed to take into consideration the operations of pardons, & their extent, granted to criminals, & they be instructed to report by bill or otherwise. Messrs Seymour & Loomis appointed to join a Committee the house may please to appoint. R. C. MALLARY Sec.
The pet. of Royall Freeman, praying for a pardon, was called up and on the question, Shall the prayer thereof be granted? the Yeas & Nays were called for & taken as follows: Yeas, none; Nays were Messrs. Loomis, Denison, Bliss, Hunter, Seymour, French, Wright. Smith & Keyes; so the prayer of said pet. was not granted; and said pet. or- dered to be dismissed.
The Pet. of John Flanigan was called, praying for a pardon, and on the question Shall the prayer thereof be granted ? the Yeas & Nays were called for & were taken-Yeas, none; Nays, Messrs Loomis, Den- ison, Bliss, Hunter, Seymour, Butler, French, Wright, Smith & Keyes; so the prayer of said pet. was not granted & said petition was ordered to be dismissed.
Pet. of George G. Giles was called up praying for a pardon, when the Yeas & Nays were called for & taken-Yeas, none-Nays, Messrs. Loomis, Denison, Bliss, Hunter, Seymour, French, Butler, - Wright, Smith & Keyes-so the prayer thereof was not granted & said petition ordered to be dismissed.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Recd from, the house the resolution of the house appointing a Com- mittee of the house to join a Comee of Council to enquire what provis-
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ion ought to be made for those who may be confined to goal on Execu- tions in favor of the State, which was read & Resolved that the Co. con- cur in said resolution & Mr Wright was appd to join said Comee.
Reed from the house the bill entitled "an act respecting goal bonds" with an order of the house referring the same to a Comee of 4 to join, which was read & Concurred & Mr Smith joined.
Recd from the house the following engrossed bills, to wit: one entitled "an act concerning the grand list of Westminster;" "an act laying a tax of 3 cents pr acre on Middlesex;" "an act extending the time allowed to complete the Vergennes & Willsboro Turnpike road;" one entitled "an act assessing a tax on Peru," which were read & Resolved to concur with the house in passing the same into laws.
The resolution of Council appointing a Comee to take into considera- tion the extent & operation of Pardons was returned to Council con- curred from the house & 5 members appointed to join the Commee of Council.
The bill entitled "an act for the relief of John Norton Jr." was intro- duced, read & passed, & ordered to be sent to the General Assembly for concurrance; on the question Shall said bill pass? the Yeas & Nays were called for & they were, Yeas Messrs Loomis, Dennison, Bliss, Hun- ter, Seymour, French, Wright, Smith & Keyes, & his Hon. the Lt. Gov; Nays were Mr Butler.
Pet. of Dan1 Wilbur was called up and on the question Shall the prayer of said Pet. be granted? the Yeas & Nays were called for & were Yeas none; Nays Gov. Brigham, Messrs Loomis, Dennison, Bliss, Hun- ter, Seymour, Butler, French, Wright, Smith & Keyes. So the prayer of said Pet. was not granted & said Pet. ordered to be dismissed.
The pet. of Abel Whitman, praying for pardon, was called up; on the question Shall the prayer of said petition be granted? The Yeas & Nays were called for & were as follows: Yeas, none. Nays Gov. Brigham, Messrs. Loomis, Denison, Bliss, Hunter, Seymour, Butler, French, Wright, Smith & Keyes. So the prayer was not granted & the petition ordered to be dismissed.
The pet. of Bates Content, praying for pardon, was called up & on the question Shall the prayer of said pet. be granted? it then was ordered to lie for further consideration.
The pet. of Abel Willard, a convict of State's prison, praying for pardon, was called up & on the question Shall the prayer of said pet. be granted? the Yeas & Nays were called for & taken as follows: Yeas none ; Nays Gov. Brigham, Messrs. Loomis, Denison, Hunter, . Sey- mour, French, Butler, Wright, Smith & Keyes & Bliss. So the prayer of said pet. was not granted & said pet. ordered to be dismissed.
Reed from the house the request of the Corporation of the University of Vermont for a Committee with an order of the house referring the same to a Committee of 4 to join a Comee of Council, which was read & it was Resolved to concur with the house in their said reference & Messrs Brigham & Denison joined.
Recd from the house the engrossed bill entitled "an act freeing the body of Josiah Edson from arrest," which was read & Resolved to con- cur with the house in passing the same into a law.
Adjourned to tomorrow 9 O'C. A. M.
TUESDAY October 23d 1810, 9 O'C. A. M. The Council met pursuant to adjournment.
Recd from the house the bill entid "an act in addition to and amend- ment of an act for the probate of wills & testaments of testate & intestate
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estates," with an order of the house referring the same to a Comee of 3 to join, which was read & it was Resolved to concur with the house in their said reference & Mr Denison was appd to join said Comee.
Recd the engrossed bill entitled "an act laying a tax of 4 cents pr acre on the town of Warren," which was read & it was Resolved to concur with the house in their said reference.
The pet. of Ephraim Libby, praying for a pardon, was now called up & on the question Shall the prayer of said petition be granted? the Yeas & Nays were called for & they were Yeas none; Nays, Messrs. Chitten- den, Loomis, Crafts, Denison, Bliss, Hunter, Seymour, Butler, Wright, French & Smith. So the prayer of said pet. was not granted, [and] the pet. was Ordered to be dismissed.
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