USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 4
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An Engrossed Bill, passed in the House of Representatives, Entitled " An act annexing part of the Northern School-District in Stockbridge to the Middle School-District in Pittsfield," was sent up to the Council for their Revision &c. and being read, it was Resolved, That it be refer- red to Mr. Fletcher.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act annexing part of the Town of Bolton to the Town of Rich- mond," was sent up to Council for their Revision &c. and being read it was Resolved, To concur with the House in passing sd Bill into a Law.
The Committee on the Bill Entitled "An act annexing a part of the Town of Addison to the Town of Waltham," report that the same ought to pass, whereupon it was Resolved. To concur with the House in pass- ing the said Bill into a Law.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Committee on the Bill Entitled "An act an- nexing part of the Northern School-District in Stockbridge to the Middle School-District in Pittsfield." reported that it ought to pass, whereupon it was, on Motion, Resolved, To concur with the House in passing the said Bill into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act in addition to an act establishing a Corporation by the name of the Williamstown Centre Turnpike Company," was sent up to Council for their Revision &c. and being read Mr. Galusha moved that it be amended by erasing the word "fifty" in the sixth line of the Bill, and that the word "forty" be inserted, and the yeas and nays being required by Mr. Witherell were as follows, viz. Yeas, Govr; Brigham, Messs. Galu- sha, Chittenden, Loomis, White, Niles, Spooner, and Fletcher-Nays, Mess. Witherell, Shepardson, and Wheelock. Yeas 8, Nays 3, so the amendment was adopted, and, on motion, Resolved, To concur with the House in passing said Bill into a Law as amended, and Mr. Fletcher re- quested to inform the House of the Reasons of the said Amendment.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act establishing Proprietors' Records in Irasburgh," was sent up to Council for their Revision &c. and being read, it was, on Motion, Re- solved, That it be referred to Mess. Spooner and Galusha.
The Committee from both Houses, appointed on the Bill Entitled "An act to empower Elizabeth Wooster, Administratrix, to sell and convey certain Lands," reported to Council that it ought to pass, whereupon it was Resolved, That the said Bill do pass, and ordered, that it be en- grossed and sent to the House for their concurrence.
The Committee appointed on the Bills, one Entitled "An act for the relief of the First Congregational Society in Townsend," the other "An
A
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Governor and Council-October 1804.
act for the relief of the Inhabitants of Townsend," reported that the same ought not to pass, which report was accepted and on Motion it was . Resolved, To nonconcur with the House in passing the sd Bills into Laws, and Mr. Niles requested to draught the Reasons of Council for such nonconcurrence, which he reported as follows, and they were adopted-"Said Bills appear either to be useless or to be of the nature of ex post facto laws; they are designed either to render legal what was illegal, or they can have no legal effect."
The Committee on the Bill Entitled "An act to incorporate the Pro- prietors and owners of an Acqueduct in Middlebury in the County of Addison," reported that the following new Section be added to the bill as an amendment, viz. "Sect. 4. And it is hereby further enacted, That the Shares in said acqueduct shall be taken, deemed and considered personal Estate to all intents and purposes, and shall and may be trans- ferable in such manner as said Corporation by their Bye-Laws may direct and establish. And when any Share or Shares shall be attached on mesne process, an attested copy of such process, with the officer's return thereon, shall be by such officer left immediately with the Clerk of such Corporation, otherwise the attachment shall be void. And such Shares may be sold on Execution in the same manner as is or may be by Law provided for the sale of other personal property, the Creditor leaving an Attested Copy of the Execution, with the officer's return thereon, with the Clerk of said Corporation within fourteen days after such sale, and paying for recording the same. And such Share or Shares so sold as aforesaid shall to all intents and purposes vest in such purchaser"-which amendment was adopted, and, on motion, it was Re- solved, To concur with the House in passing said Bill into a Law, with the amendment proposed, and Mr. Witherell requested to inform the House of the Reasons of Council.
The Bill Entitled " An act directing Listers in their office and duty," was again received from the House with the following new order thereon: " In General Assembly Octr. 25th, 1804. Report read, accepted, and referred to the same Committee, to join, to take all the Listers' acts into consideration and report by Bill or otherwise. Attest M. Post Clk"-in which Reference the Council concurred.
The Petition of Bohan Shepard, High Bailiff of Franklin County. was again received from the House with this new order thereon: " In Gene- ral Assembly Oct. 25, Report of Committee read, not accepted. recom- mitted to the same Committee, to join, to take into consideration the Law alluded to, and to report by Bill or otherwise. Attest M. Post Clk "-in which recommitment the Council concurred.
Adjourned to 9 O'clock Tomorrow Morning.
FRIDAY October 26th, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
Mr. Keyes returned and took his seat in Council.
Mr. Witherell asked and had liberty to introduce a Bill Entitled " An act in addition to an act regulating Marriages and Divorces," and being Read it was Ordered, To lie on the Table.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act laying a Tax of Three Cents per acre on the Town of Fletcher," was sent up to Council for their Revision &c. and being read was, on motion, amended by inserting after the word " Tax," in the tenth line of the Bill, the following words, " a part of which said Tax, not less than one Third, nor exceeding the one half of the whole sum raised by said
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Governor and Council-October 1804.
Tax, shall be expended by said Committee in repairing the Post-Road leading thro' said Town," and Resolved, To concur with the House in passing the said Bill into a Law, with the above proposed amendment, and Mr. Shepardson requested to inform the House of the Reasons of Council.
Mr. Niles asked and obtained leave to introduce a Bill Entitled “ An act to prevent the Transportation of Grain out of this State," which was read, and Ordered, To lie on the Table.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Governor and Council, pursuant to adjourn- ment, joined the House of Representatives in their Room, for the pur- pose of compleating the appointments of the several County Officers, and having made progress in that business, the Committee was adjourned untill Friday next at the opening of the House in the afternoon, and the Governor and Council returned to their Chamber and resumed the con- sideration of business.
The "Act relating to the duty of County, Town, and Society Clerks in this State," was again read and referred to Mr. Shepardson, together with Two other Bills relating to the same subject introduced by Mess. Niles and Loomis.
The Petition of Cap". John Vincent was received from the House with this order thereon: "In Gent. Assembly Octr, 26th, 1804, Read and Referred to Messs. Shaw, Olin, and Buckingham, to join Committee from Council. Attest M. Post Clk"-which was read, and it was Re- solved, That Mr. Spooner join the above Committee appointed by the House. 1
1 From the printed Assembly Journal of Oct. 29 1804, p. 195:
The petition of Captain John Vincent, an Indian, with the report of the Committee thereon, were read as follows:
To the Fathers of the People of Vermont, now assembled in Grand Coun- cil at Rutland. BROTHERS, When your fathers, to avoid persecution, fled from England and the English nation, they came across the big Lake that separates Europe from America, and settled among the li- dians, of whom I am a descendant. At that time, your fathers were weak, without friends, and without provisions or wigwams :- My fathers gave them protection, became their friends, and furnished them with provisions. And when the King of England assumed an oppressive au- thority over them, they opposed his oppression: and a friendship existed between them and my tribe. At the commencement of the war that divided the Colonies from Great-Britain, Captain John Vincent was a firm friend of the United States. Under General Washington he be- came attached to their cause, and constantly directed his arrows against the British Sachem. From the river Kennebec, through the wilderness. to Quebec, he pointed out the way, and fought under General Montgom- ery, at the seige of that place. Following the fortune of the Americans. he fought under General Gates, at stillwater, and assisted in taking Gen. Burgoyne, and at various other places; and during the whole war, was engaged in the American service.
Brothers, I am now become old, I am become old in your service, fighting your battles. Seventy-three winters have gone, and almost half of them I have been among you.
Brothers, When Capt. John became your friend, he was a young man -he could then catch Beavers and Deer enough to feed and clothe him; but having, thro' age, lost his activity, the means of his support are cut
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Governor and Council-October 1804.
The Petition of the Caledonia Turnpike Company was again received from the House with this new order minuted thereon: " In General Assembly Octr. 26, Read and referred to the Second Turnpike Com- mittee. to join. Attest M. Post Clk"-in which recommitment the Council concurred.
The Committee on the Bill Entitled " An act establishing Proprietors' Records in Irasburgh," reported the following amendment, -- after the word " That," in the second line of the act, erase the remainder of the act and insert the following, "That the Proprietors of said Irasburgh be and they are hereby empowered, at any future Proprietors' meeting legally warned and holden for that purpose, to ratify and confirm the for-
off, and he is obliged to ask of you a maintenance, which he refused, for your cause, to receive from others.
Since the last war. Brothers, I have stayed on your mountains and in your forests, and I have preserved that staying, by means of hunting. and some handicraft business, and at no time (for I appeal to the men of Rutland, and others, who know Captain John) have I departed from the path of friendship and honesty.
Brothers, I come before you to solicit assistance. The Great Spirit will soon take me to my fathers; Will you give me something to procure me meat and blankets till the Great Alknomak shall call me away.
Capt. JOHN VINCENT.
To the General Assembly now sitting, Your committee to whom was re- ferred the petition of Capt. John Vincent, Report, that the facts therein contained are true, and that he have leave to bring in a bill, granting him the sum of twenty five dollars, and to appoint a guardian to receive the same for his use. ELIAKIM SPOONER, for committee.
The appropriation recommended was made, and Hon. Elias Keyes was appointed guardian ; in 1806, John Fuller of Sherburne was author- ized to draw thirty dollars annually for Vincent's support ; in 1807, $59.35 was granted to several persons who had contributed for his support, and in 1809 an act was passed authorizing James D. Butler of Rutland to draw not exceeding sixty dollars annually for his support.
The following, originating in one of the newspapers published at Rutland, is copied from Spooner's Vermont Journal of July 23 1810:
Died, at Parkerstown [Mendon, ] on the 3d inst. at the house of John- son Richardson, Esq. Capt. JOHN VINCENT, an Indian, aged 95. In 1755, he had a command among the Cognawogga tribe, then opposed by French influence to these then colonies and provinces. Gen. Braddock was at that time defeated at Fort du Quesne, near where Pittsburgh now is. Capt. Vincent had reconnoitered the country southerly to the mouth of the Scioto, and had returned before the engagement. He formed the ambuscade, which defeated Braddock. Upon the death of Braddock he commanded and contended against Colonel Washington, and has often said that if Braddock would have known the great man then advising him. he would have been preserved. That Braddock did not consider Colonel Washington as a soldier, and therefore lost his life. -That Col. Washington harrassed the French and Indians, when they supposed themselves to be the conquerers. At that time Capt. Vincent returned with his warriors to his tribe -- That at the commencement of the revolutionary war, he, Capt. John. soon learned that Col. Wash - ington was commander in chief-that his tribe being in British interests. he left them, fully believing that the Great Spirit had preserved Col.
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Governor and Council-October 1804.
mer allotment, survey and division of said Town into severalty, and when so confirmed by the Proprietors, at their legal meeting holden as aforesaid, the same shall be as good and valid in Law, to all intents and purposes, as tho' the survey, allotment and division had been previously made in the manner prescribed by a Statute Law of this State in that case made and provided, any Law, Usage or Custom to the contrary not- withstanding "-which amendment was adopted and it was Resolved. To concur with the House in passing sd Bill into a Law as amended, and Mr. Galusha appointed to assign the Reasons therefor to the House.
Adjourned to 9 O'clock Tomorrow morning.
SATURDAY October 27th, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
An Engrossed Bill. passed in the House of Representatives, Entitled " An act empowering the Treasurer of this State to convey certain
Washington-that a number of his young warriors, after the death of Braddock, had shot at Washington, but nobody could kill him - that about the year 1779, Capt. John received from General Washington a Captain's commission. He piloted the American troops from Cam- bridge through the province of Maine to Quebec .* He was at Quebec when Montgomery fell. He well understood the history of the revolu- tionary war. having in 1775 espoused the American cause, and his tribe being seduced to the British interest. He has since secreted himself among our mountains in Sherburne.
The Legislature of Vermont having known this distinguished chief- tain, long since made him a pensioner. Capt. John was early educated by a Roman Catholic Priest in the French language and in the tenets of that church. These early impressions were not erased. At no time was this tenant of the forest known to rise without his orisons, to sleep without his vespers, or to eat without at least offering up his silent but reverent petition. From this Roman instructor he had received a large French bible. This he often read and preserved as his best inheritance, and it is said has bequeathed it to the Rev. Heman Ball of this village [Rutland.] It is not supposed that Capt. Vincent was perfect, but he was brave, generous, humane, and pious. He not only knew. how to distinguish wisdom from folly, but could see God in the clouds and hear him in the wind. A uniform coat, presented him by General Washington, he bequeathed, with some other articles, to Mr. Richardson. This proud trophy has been preserved unsullied.
* In Irving's Life of Washington, Vol. II, pp. 48-9, it is stated that in 1775 several Indian chiefs waited upon Washington, in the camp at Cambridge, "to have a talk about the impending invasion of Canada. One was chief of the Caughnawaga tribe."
This does not clearly identify Vincent as the chief; but there are other and good grounds for according credit to his statements : Gen. Roger Enos, who commanded one of the bodies of troops through the first part of Arnold's expedition, was living in Colchester at the time the foregoing report was made, and of course had personal knowledge of the matter; and the committee consisted of intelligent and honorable men, who would make no statement that was not satisfactorily vouched, and probably by several persons who had personal knowledge of the facts. Two of the committee, Samuel Shaw and Henry Olin, were subsequently Members of Congress, and the third, Jedediah P. Buckingham, was a candidate for the same office.
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Governor and Council-October 1804.
'Lands," was sent up to the Governor and Council for their Revision &c. and being read it was, on motion, Resolved, To concur with the House in passing the said Bill into a Law.
An Engrossed Bill, passed in the House of Representatives. Entitled " An act altering the name of David Hogg Jun". to David Hall," was sent up to Council for their Revision &c. and being read it was, on mo- tion, Resolved, To concur with the House in passing the same into a Law.
Two Engrossed Bills, passed in the House of Representatives, both Entitled " An act directing the Treasurer to pay Joseph C. Waller the snm therein mentioned," were sent up to Council for their Revision &c. and being read it was Resolved, That they be referred to Messs. Loomis and Galusha.
The Committee on the above Bills requested that the Committee from the House might be heard on the subject of those Bills, which being granted, Messs. Whitney and Pomeroy, a part of the Committee ap- pointed by the House to take those Bills under consideration, stated the Grounds upon which the House had passed them, founded upon their Report .- Those Gentlemen having withdrawn, it was Resolved. To con- cur with the House in passing said Bills into Laws.
Mr. Witherell, on motion, introduced the following Resolution: " In Council Oct". 27th, 1804. Whereas, sundry of the good Inhabitants of this State, of the Religious Denomination of Methodists, are desirous that such addition or alteration should be made in a certain Law of this State Entitled " An act regulating Marriage and Divorce," as will enable Min- isters of that order to celebrate marriages between persons of that De- nomination, Therefore Resolved, That a Committee of Two be appoint- ed, to join such Committee as the House of Representatives may ap- point, to take the subject into consideration, and report by Bill or other- wise "-which Resolution was adopted, and Messs. Keyes and Fletcher appointed the Committee from Council. Ordered, That the Secretary carry the same to the House, and request their Concurrence.
The Petition of Jonathan Holton, praying for compensation for Lands sold him by the Commissioners of Confiscation, after being once referred in the House to a Committee and the Report thereon not accepted, was sent up-to Council with this order on it: "In Gen1. Assembly [Oct. 26, 1804,] Read and referred to the Committee on the Petition of E. Spooner, with Messs. Jas. Fisk and Chipman. to join Committee from Council. Attest M. Post Clk"-which was read and, on motion, it was Resolved, that Mr. Wheelock join the above Committee from the House.
A Bill for repealing the First Section of an Act Entitled "an act for encouraging the increase of Sheep, passed Nov. 6th 1801," was received from the House with this order thereon-"In General Assembly Octr. 26th, 1804, Introduced by Mr. Buel with leave of the House, and referred to the Committee on the Listers' act to join. Attest M. Post Clk "-in which reference the Gov. and Council concurred.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act to revive an act laying a Tax of one and a half Cent per acre on the Town of Rochester," was sent up to Council for their Revision &c. and being read it was on motion Resolved, To concur with the House in passing the said Bill into a Law.
The following message was received from the House-"In General Assembly Octr. 27th, 1804. Resolved, That this House concur with the Governor and Council in their Amendments to the following Bills, to wit, "An act establishing a Division of Lands in the Town of Irasburgh in the County of Orleans; An act laying a Tax of three Cents per acre on the Township of Fletcher; An act to incorporate the Proprietors
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Governor and Council-October 1804.
and owners of an Acqueduct in Middlebury in the County of Addison, and An act in addition to an act Entitled An act Establishing a Corpo- ration by the name of the Williamstown Centre Turnpike Company." Extract from the Journals, Attest M. Post Clk."
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- An Engrossed Bill, passed in the House of Repre- sentatives. Entitled "An act granting to John and Charles McNeil the right of keeping Ferries," was sent up to Council for their Revision &c. and being read it was on motion Resolved, To concur with the House in passing said Bill into a Law.
"An act directing Recording Officers in their office and duty" was read as reported by Mr. Shepardson and it was Resolved, That the said Bill do pass and that it be engrossed and sent to the House for their Concur- rence.
Adjourned to Monday Morning 9 O'clock.
MONDAY, October 29th, 1804, 9 O'clock A. M.
The Council convened pursuant to adjournment.
The Petition of Nath1. Greelee and others was again received from the House with these new orders thereon: "In Gen' Assembly Octr. 20th, 1804, Report read & accepted and leave granted to withdraw. Oct. 27, The above Vote reconsidered, [and petition] recommitted to former Committee to join. Attest M. Post Clk" -- whereupon it was Resolved, To concur in the recommitment made by the House.
The following Bills, having been passed in the House of Representa- tives, were sent up to the Governor and Council for their Revision &c. viz. "An act laying a Tax of Three Cents per acre on the Town of Northfield; An act laying a Tax of Three Cents per acre on the Town of Minehead; An act laying a Tax of Three Cents per acre on the Town of' Hydepark," and "An act directing the Treasurer to credit the First Constable of the Town of Whiting the sum therein mentioned"-which bills being severally read and considered it was on motion Resolved, To concur with the House in passing them into Laws.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act appointing a Committee to lay out and survey a Road from Montpelier to Peacham." was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, That it be referred to Messs. Galusha and Loomis.
A Bill, passed in the House of Representatives, Entitled " An act granting to Darius Ferris of Panton the exclusive Right of keeping a Ferry," &c. was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, That it be referred to Messs. White and Witherell.
" An act enabling the Clerk of Caledonia County to record the Sales of' Robert Whitelaw, a Collector," was again taken under consideration and it was Resolved, To nonconcur with the House in passing said Bill into a Law and Mr. Niles requested to draught the Reasons of Council for such nonconcurrence, which he reported as follow, and they were adopted: " That there appears no proof that the Petitioner Robert Whit- law complied with the Law pointing out his duty as Collector, nor does the Petition even state that he had delivered the Newspapers containing the necessary advertisements to the County Clerk for Record."
The Governor informed the Council that he had received Sundry copies of the Laws of the United States, and the Secretary by direction
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Governor and Council-October 1804.
of the Governor carried a Communication on that subject to the House of Representatives, submitting to them the method of their distribution.
Mr. Galusha introduced the following resolution-" In Council Oetr. 29th, 1804, Resolved, That a Committee consisting of Two Members be appointed, to join such Committee as the House of Representatives may appoint, to take into consideration and point out in what manner the Laws of the United States, for the last Session of the Sixth Congress, and the first and second Session of the Seventh Congress, shall be distributed, and report by resolution or otherwise "-which Resolution was adopted and Gov. Brigham and Mr. Galusha appointed a Committee from Council.
Adjourned to 2 O'elk P. M.
2 O'CLOCK P. M .- Mr. James Fisk from the House returned the Bill Entitled " An Act enabling the Clerk of Caledonia County to record the sales of Robert Whitelaw, a Collector," which had been nonconcurred by the Council this day. and informed the Council that the House had again passed the Bill, and having verbally assigned the Reasons there- for, laid the same on the Table, requested the concurrence of Council in passing the Bill, and withdrew-all which was minuted on the back of the Bill.
Adjourned to tomorrow morning 9 O'clock.
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