USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 40
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The pet. of Chester Peas was called up praying for a pardon, which was read & on the question Shall the prayer of said pet. be granted? the Yeas & Nays were called for & taken as follows: Yeas, none; Nays Messrs. Chittenden, Loomis, Crafts, Denison, Bliss, Hunter, Seymour, Butler, French, Wright, & Smith. & so the prayer of said pet. was not granted & said pet. ordered to be dismissed.
Recd from the house the bill entitled "an act for the relief of John Norton Jr." (which had been sent down from Council) with a proposal of amendment of the house, which was read & Resolved to concur with the house in their proposal of amendment to said bill.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Recd from the house the bill entitled "an act incorporating certain persons therein named by the name of the Warren Manufacturing Com- pany," with an order of the house referrs the same to the joint manu- facturing Comee, which was read & it was Resolved to concur with the house in their said reference.
The Governor & Council proceeded to the Representatives' room & met the house in joint Comee for the purpose of electing Major & Briga- dier Generals pursuant to adjournment, which being compleated they returned to their Chamber. 1
The engrossed bill entitled "an act empowering Aaron Shepard, Levi Stevens & Mark Norris to make alterations, &c. [in the road be- tween Montpelier and Greensborough] was read & it was Resolved to concur with the house in passing the same with the following amend- ment: "Provided, that said Committee Shall give at least twelve days notice previous, of the time when they will attend to resurvey said road, by posting up a notification thereof at the usual place for posting up warrants for town meetings in said Montpelier, and it shall be the duty of said Committee in all things to govern themselves agreeably to the provisions of an act entitled an act appointing a Committee to lay a road from Stanley's Mills in Greensboro to Montpelier, passed Nov. 7th, 1809, and all persons specially concerned shall be entitled to all the same privileges under the same restrictions & regulations as are provided in the act last before mentioned."
Adjourned to 9 O'C. tomorrow A. M.
1 David Robinson and Hezekiah Barnes were elected Major Generals ; and Jonas Cutting and Jonathan Ormes Brigadier Generals.
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Governor and Council-October 1810.
WEDNESDAY October 24th, 1810, 9 O'C. A. M.
Council met pursuant to adjournment.
Reed from the house the engrossed bill entitled " an aet direeting the treasurer to pay Johnson Richardson the sum therein mentioned." which was read & it was Resolved to concur with the house in their said bill & that the same become a law.
Reed the account of Joseph Morrill 2d with an order of the house re- ferring the same to the jt Comee of Claims: coneurred.
Recd from the house the bill entitled " an act in addition to an act constituting a Company of Artillery in the town of Fairfax," with an order of the house referring the same to the joint Military Comee, which was read & it was Resolved to concur with the house in their said ref- erence.
Recd the Pet. of Apollos Hale for a turnpike, which had been referred to the jt Turnpike Comee with an order of the house referring the same to the aforesd Commee again, which was read & it was Resolved to con- cur with the house in their recommitment.
Recd from the house the bill entitled "an act directing the Treasurer to pay Witherell Wittum the sum therein mentioned," with an order of the house referring the same to the joint Committee of Claims, which was read & it was Resolved to coneur with the house in their said reference.
The petitions of Peru, Landgrove, Winhall, Londonderry, Andover & Weston, praying for a new Regiment, called up, read & the prayer of the said petitions granted and the petitioners had leave to bring in a resolution accordingly.
Reed from the house a resolution appointing a Committee to enquire if any Legislative interference is necessary relative to town meetings, to join a Comee of Council, which was read & it was Resolved to concur with the house in their said resolution & Mr Crafts was appointed to join.
Reed from the house a resolution relating to [lands for] public & pious uses with an order of the house appointing a Comee of 3 to join from Council, which was read & it was Resolved to concur with the house in said resolution & Mr Loomis was appointed to join said Committee of the house.
Reed from the house the bill entitled "an aet establishing a corpora- tion by the name of the Windsor aquaduet Coy with an order of the house referring the same to a Committee of 3 to join, which was read & it was Resolved to concur with the house in their said reference & Mr Bliss was appointed to join said Committec.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Reed from the house the bill entitled "an act incorpo- rating certain persons by the name of Champlain Cotton & Woolen fac- tory Company," with an order of the house referring the same to the joint Comee of Manufactures, which was read & Resolved to concur with the house in their said reference.
Reed from the House the bill entitled "an act establishing the Thet- ford manufacturing Company," with an order of the house referring the same to the joint Manufacturing Comee, which was read & it was Re- solved to coneur with the house in their said reference.
Reed the Report of the Committee of Conference appointed on the request of the University of Vermont, with an order of the house refer- ring the same to the joint Comee on the bill relating to the University of Vermont, which was read & it was Resolved to concur with the house in their said reference.
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Governor and Council-October 1810.
Recd the pet. of Prudence Murdock, for a revival of Commission from Judge of probate, 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 a bill entid "an act establishing a Company by the name of the Windham Coy Turnpike Company" with an order of the house referring the same to the joint Commee of Turnpikes, which was read & it was Resolved to concur with the house in their said reference.
Pet. of E. & T. Parker, praying for a ferry, with an order of the house referring the same to the Comee on the pet. of Joseph Mott, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house the resolution relating to the [laws on the grand list] with an order of the house referring the same to the Comee of 4 to join, which was read & it was Resolved to concur with the house in their said resolution & Mr Keyes was appd to join.
Recd from the house the following engrossed bills, Viz. one entitled "an act directing the treasurer to pay John Barry the sum therein men- tioned;" one "an act laying a tax of 2 cents pr acre on the town of Sterling;" one "an act laying a tax on the County of Chittenden;" one "an act laying a tax of 2 cents pr acre on the town of Bristol," which were severally read & it was Resolved to concur with the house in pass- ing the same into laws.
Recd from the house the pet. of Inhabitants of Franklin Coy respect- ing their County buildings, with an order of the house referring the same to a Committee of 4 to join, which was read & it was Resolved to concur with the house in their said reference. And Mr Chittenden joined.
Adjourned to 9 O'C. A. M. tomorrow.
THURSDAY October 25th, 1810, 9 O'C. A. M.
Council met pursuant to adjournment.
Pet. of sundry persons for a Glass Manufactory was recd 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 concur with the house in their said reference & Lt Gov. Brigham was appointed to join.
Pet. of Inhabitants of Vershire was recd with an order of the house referring the same to the joint Comee on the pet. of Wallingford, which was read & it was Resolved to concur with the house in their said refer- ence.
Reed from the house the pet. of Parley Davis, which had been con- mitted to a joint Comee who made report and said Pet. recommitted to said Committee, which was read & Resolved to concur with the house in their said recommitment.
Reed from the house the resolution appointing Royall Tyler one of the Committee to settle with the Commissioners for building the State's prison, in the room of Elias Lyman who is absent, which was read & it was Resolved to concur with the house in their said resolution.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Recd from the house the following engrossed bills: one entitled "an act directing the treasurer to pay Oliver Harmon the sum therein men- tioned "; one entitled " an act granting relief to Levi Bennett "; one entitled " an act extending the time for compleating Poultney turnpike road "; and one entitled "an act for the relief of Artemus Moses,"
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which were read & it was Resolved to concur with the house in passing the same into laws.
Reed from the house the bill entitled "an act relating to the Militia," with an order of the house referring the same to the joint Military Comee, 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 for the revi- val of a land tax on New Huntington, Buell's & Avery's gore," with an order to refer the same to the 3d joint land tax Committee, which was read & it was Resolved to concur with the house in their said reference.
The bill entitled " an act authorising Apollos Austin, Joseph Warner, & John Morton to remove obstructions in Otter Creek," [was received] with an order of the house referring the same to the joint Comee on the pet. of Silas Wright & others, which was read & it was Resolved to con- cur with the house in their said reference.
Recd the pet. of John McCullock & the Statement of Caledonia County Grammar School Corporation, 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 concur with the house in their said reference & Mr. Seymour appointed to join.
Reed from the house the bill entitled " an act empowering the judges of Supreme Courts to adjust accounts not allowed in the fee bill." with an order of the house referring the same to a Comee of 4 to join a Com- mittee of Council, which was read & Resolved to concur with the house in their said reference.
Reed from the house the bill entitled "an act granting relief to Moses Wallace" with an order of the house referring the same to the joint Comee of Suspension, which was read & it was Resolved to concur with the house in their said reference.
Recd the engrossed bill entitled "an act laying a tax on the town of Guildhall," which was read & it was passed into a law.
Recd the engrossed bill entitled "an act laying a tax on the town of Granby," which was read & it was Resolved to concur with the house in their said bill.
Recd from the house the engrossed bill entitled "an act relating to Coopers." which was read & it was Resolved to concur with the house in passing the same into a law, with the following amendments, Viz. In the 9th line of the bill, after the word "make," erase the word "and," & after the word "Sell" add "deliver;" & in the 12th line after the word "of" erase "five" & insert "one." Also add the following section, "Sec 2nd, And it is hereby further enacted, that all presentments, suits or informa- tions against any person or persons for any offence against this act shall be made & commenced within thirty days after the commission thereof & not after;" & Mr Seymour assigned the reasons to the house.
Adjourned to 9 O'C. tomorrow morning.
FRIDAY October 26th, 1810, 9 O'C. A. M.
Council met pursuant to adjournment.
Recd from the house the following engrossed bills, Viz. one entitled "an act freeing the body & property of Truman Powell from attach- ment;" one, entitled "an act directing the treasurer to pay the sums therein mentioned;" one end "an act laying a tax on the town of New- ark;" one end "an act laying a tax on the town of Easthaven;" one end "an act directing the treasurer to pay the first Constable of Lyndon the sum therein mentioned;" one end "an act directing the treasurer to pay
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Witherell Wittum the sum therein mentioned," which were read & Re- solved to concur with the house in passing the same into laws.
Adjª to 2 P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Recd from the house the bill entitled "an act appointing a Committee to alter the County road from Derby to Guildhall," with an order of the house referring the same to a Comee to join a Comee of Council. [Refer- ence concurred in and] Mr Loomis was appd from Council.
Reed from the house the bill end "an act granting relief to Ephraim Munson" with an order of the house referring the same to a Comee of 3 to join a Comee of Conncil, which was read & Resolved to concur with the house in their said reference & Mr Smith joined from Council.
Recd from the house the bill entitled "an act relating to town meet- ings" 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 Crafts joined.
Recd from the house the bill entitled "an act establishing Sessions of Supreme Court in the County of Essex" with an order of the house re- ferring the same to a Comee of 4 to join a Committee of the Council, which was read & Resolved to concur with the house in their said refer- ence. Mr Chittenden joined.
Ordered, that the Secretary carry the following communication to the house: "To the Hon. Dudley Chase Esqr. Speaker of the House of Repre- sentatives: Sir, I would through you inform you [the General Assembly] that Gen. Hezekiah Barnes has accepted the recent appointment of Major General of the 3d division of the militia of this State. Of course the office of Brigadier General of the 2d brigade & 3ª division becomes vacant. The Gen. Assembly will please to direct the mode of supplying the vacancy. JONAS GALUSHA.
Hon. D. Chase Esqr. &c. &c."
Recd from the house the following engrossed bills: one end "an act to continue in force an act laying a tax of 3 cents pr acre on the town of Greensboro;" one entitled "an act incorporating certain persons therein named by the name of the Warren Iron Manufacturing Company," 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 constituting a new County by the name of Jefferson," which was read & it was ordered to lie on the table & made the order of the day to morrow morning.
Recd from the house the resolution appointing a Committee on the pet. of the selectmen of Eden to join a Committee of Council, which was read & Resolved to concur with the house in their said reference & Mr Seymour was appd to join.
Recd from the house the bill end "an act legalizing the records of Jericho," also the pet. of Barre for legalizing town records, also the pet. of the proprietors of Caldersburgh [Morgan,] with an order of the house referring the same to the joint Committee on the pet. of the Selectmen of Eden, which were read & it was Resolved to concur with the house in their said reference.
Reed from the house the account of Benjamin H. Oaks with an order of the House to refer the same to the joint Comee of Claims. Concurred.
Recd the Report of the Comee on the State Bank with an order of the house recommitting the same to the former Comee. Concurd.
Adjourned to 9 O'C. A. M. tomorrow.
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Governor and Council-October 1810.
SATURDAY, Oct. 27th, 1810, 9 O'C. A. M.
Council met pursuant to adjournment.
Recd from the house the resolution appointing this morning at 10 O'C. for both houses to meet in jt Comee for the purpose of electing a brigadier General to fill the vacancy occasioned by the promotion of Brigadier Gen1 Hezekh Barnes to the rank of Major General, which was read & it was Resolved to concur with the house in their said refer- ence.
Pursuant to the above 'resolution the Gov. & Co. met the house in joint Committee for the purpose therein mentioned, which being com- pleated they returned to their Chamber. 1.
Recd from the house the engrossed bill entitled "an act constituting a new County by the name of Jefferson," which was read & it was ordered to lie.
Recd from the house the bill entitled "an act for the relief of William Carley & Amasa Edson" with an order of the house referring the same to a Comee to join a Comee of Council; read & Resolved to concur with the house in their said reference & Mr Crafts was appointed to join.
Recd from the house the engrossed bill entitled "an act laying a tax of 3 cents pr acre on the town of Philadelphia," which was read & it was Resolved to concur with the house in passing the same into a law.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Benjamin Swan Esquire appeared in Council & presented a bond for the faithful discharge of his duty as a treasurer of this State, in the penal sum of one hundred thousand dollars, Signed by himself as princi- pal & by Elias Keyes & Arad Hunt as Sureties, which was read & approved by the Governor & Council & accepted; when the oaths of office were duly administered to him the said Benjamin Swan as treas- urer of the State of Vermont for the year ensuing. And he withdrew.
Recd from the house the following engrossed bills sent up to the Gov. & Council for their concurrance, Viz. one entitled " an act empowering the trustees of Caledonia County Grammar School to alter a certain contract made with John McCullock"; one entitled "an act making a compensation to Joseph Morrill 2d "; one entitled " an act incorporating certain persons by the name of the Lyndon Manufacturing Company," one entitled "an act incorporating certain persons therein named by the name of the Bennington Manufacturing Company," which were read & Resolved to concur with the house in passing the same into laws.
Adjourned to Monday next 9 O'C. A. M.
MONDAY October 29th, 1810, 9 O'C. A. M.
Council met pursuant to adjournment.
Recd from the house the pet. of the Corporation of Middlebury Col- lege, with an order of the house referring the same to a Committee of 4 to join a Commee of Council, which was read & it was Resolved to con- cur with the house in their said reference & Messrs Bliss & Keyes were appd to join.
Recd from the house the pet. of Eben' Marvin with an order of the house referring the same to the Comee of 4 to join, which was read & it was Resolved to concur with the house in their said reference, [and] Mr Butler was appd to join.
1 John Newell was elected.
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Governor and Council-October 1810.
Mr Chittenden Introduced the bill entitled " an act establishing State & County Medical Societies," which was read & Ordered to lie on the table for consideration.
Recd the pet. of Inhabts of Moretown for a Justice of the peace, with an order of the house referring the same to the members of the County [Chittenden] to join, which was read & it was Resolved to coneur with the house in their said reference, & Mr Chittenden was appd to join.
Reed from the house the bill entitled " an act on the pet. of Abraham Conklin." with an order of the house to refer the same to the joint Comee on the pet. of Joseph Mott, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house the following engrossed bills, sent from the house for concurrance, revision or proposals of amendment, Viz. one entitled " an act establishing an academy in West Rutland "; one entitled " an act appointing Commissioners to make division of lands in Enosburgh "; one entitled " an act Suspending civil process against Dexter Ward "; one entitled " an act laying a tax of 2 Cents pr acre on Mt. Tabor "; one entitled " an act Granting a ferry to Lyman Hyll " [Hill;] ditto " an act laying a tax of 3 cents pr acre on the town of Kirby"; ditto " an act lay- ing a tax on the town of Corinth "; ditto, an act restoring John Dunbar to his legal privileges," which were read & passed into Laws.
Adjourned to 2 O'C. P. M.
2 O'C P. M .- The Council met pursnant to adjournment.
Recd from the house the bill entitled "an act relating to the duty of proprietor's clerks" with an order of the house referring the same to a Comee of four to join a Comee of Council, which was read & Resolved to concur with the house in said reference & Mr Keyes was appointed to join.
Reed from the house the following resolution: "In Gen. Assembly Oct. 29th, 1810. Resolved, that the Committee appointed on the bill for causing the Supreme Court to hold a Session in the County of Essex be directed to enquire into the expediency of holding a Session in each of the Counties where said Court does not now sit, & report by bill or otherwise, which was read & adopted. Attest W. D. Smith Clk." which resolution was read & it was Resolved to concur with the house in passing the same.
Recd from the House the bill entitled "an act relating to goal bonds," which had been referrd to a joint Comee who made report which was not accepted & said bill referred to said Commee, which was read & Resolved to concur with the house in their said reference.
Recd from the house the [following] Engrossed bills, Viz. one entitled "an act granting relief to Prudence Murdock," & one entitled "an act making Vermont [State] bank bills a tender for a payment of land taxes," which was [were] read & it was Resolved to coneur with the house in passing said bills into laws.
Pursuant to adjournment the Gov. & Council met the house in joint Committee for the purpose of compleating County appointments & after compleating the same the Gov. & Council returned to their Chamber.
The engrossed bill entitled "an act establishing an academy in West Rutland," which had been passed into a law, was now called up & the resolution of concurrence rescinded & then said bill was ordered to lie for further Consideration.
Recd from the house the following engrossed bills sent up for concur- rance, revision or proposals of amendment, Viz. one end "an act laying a tax of 3 cents pr acre on the town of Highgate," one entitled "an act · to legalize certain town records of Marshfield," one end "an act to
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legalize the records of the town of Richmond," which were read & it was Resolved to concur with the house in passing the same into laws.
Adjourned to 9 O'C. A. M. tomorrow.
TUESDAY October 30th 1810 9 O'C. A. M.
Council met pursuant to adjournment.
Pursuant to the Statute law of this State the Governor & Council proceeded to ballot for some suitable person for a Surveyor of public buildings for the year ensuing; & the ballots were taken, sorted & counted, when it appeared that Sylvanus Baldwin had a major part & was declared duly elected.
Recd from the house the engrossed bill sent for revision &c. entitd " an act empowering the Rutland & Stockbridge turnpike Corporation to re- move gates," which was read & it was Resolved to concur with the house in passing the same with the following amendments, Viz. erase the three last lines of the bill & then insert the following: "travelling the old south road through said Sherburne to Bridgewater, nor travel- ling said South road from said Bridgewater to Rutland. And be it fur- ther enacted, that nothing in this act contained shall prevent said corpo- ration from removing said gate back to said Sprout's again at any future time when they shall think best to remove as aforesaid," & Mr Keyes assigned the reasons of the house.
Gov. Brigham introduced, on leave, the following resolution: In Coun- cil October 30th, 1810. Resolved, that His Excellency the Governor be & hereby is advised to alter the east line of the 2ª Division of the Mili- tia of this State so that the towns of Windham & Londonderry in the County of Windham [and] Andover & Weston in the County of Wind- sor shall be contained in & belong to said 2ª division, and that the towns aforesd shall belong to the first brigade of the 2ª Division afore- said. R. C. MALLARY Secy.
The Secretary was directed to enter the following order of his Excel- lency the Governor on the records of Council at large: " I, the under- signed, Governor in & over the State of Vermont, by & with the advice of Council expressed in the forogoing resolution, do hereby order & de- clare that the east line of the said 2ª division of the Militia of this State shall run in such directions that the towns of Windham & Londonderry in the County of Windham, & the towns of Andover & Weston in the County of Windsor, may be contained in & belong to the said 2d divis- ion of the Militia of this State, and that the lines of said 1st brigade shall so run as to contain the towns above mentioned. And said towns shall be deemed & taken to belong to said 2ª division & 1st Brigade thereof, for all military purposes whatever. JONAS GALUSHA."
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