USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 41
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Mr Seymour introduced a bill entitled " an act for the relief of Beniah Woodward," which was read, passed & ordered to be sent to the General Assembly for their concurrance.
Reed the engrossed bill entitled "an act incorporating the north & south Districts of Wardsboro into separate & distinct towns," sent for revision &c. which was read & Resolved to concur with the house in pass- ing the same into a law.
Recd from the house the bill entitled "an act altering the times of Sitting of the Supreme Court in the Counties therein mentioned." with an order of the house referring the same to a Committee to join a Comee of Council; read & it was Resolved to concur with the house in their said reference.
Recd from the house the Engrossed bill entitled "an act appointing a
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Committee to survey a market road from Orwell to Fairhaven," which was read & it was Resolved to concur with the house in passing the same into a law with the following proposal of amendment, Viz. Erase the 3d Section of the bill & insert the following section, Viz. "Sec. 3d. It is hereby further enacted, that the aforesaid Comee shall have the same power to assess damages & set over old roads and allowance lands in compensation for damages as given to Selectmen : & persons ag- grieved shall have the same redress as is given in the first section of an act entitled an act reducing into one the several acts for laying out, mak- ing, repairing & clearing highways." Gov. Brigham assigned the rea- sons to the house.
Recd from the house the engrossed bill entitled "an act for the relief of Moses Wallace," sent for revision &c. which was read & it was Re- solved 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 purst to adjournment.
Recd from the house the bill entitled "an act constituting a Company of Artillery in Windham, Andover & Londonderry," with an order of the house referring the same to the joint Military Committee, which was read & it was Resolved to concur with the house in their said ref- erence.
Recd from the house the pet. for a Medical Society in Caledonia County, with an order of the house referring the same to a Comee of 4 to join a Comee of Council, which being read, Resolved to concur with the house in their said reference & Mr Chittenden joined.
Recd from the house the bill end " an act appointing a Commee to lay out a road from Canaan to Holland," with an order of the house refer- ring 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 Loomis was appd to join.
Recd from the house the bill entitled " an act relating to the State printing," with an order of the house referring the same to the Comee of 4 to join a Comee of Council, which being read, Resolved to concur with house in their said reference & Mr Bliss Joined said Committee.
Recd from the house the bill end "an act in addition to an act to pre- vent fraudulent speculations in Choses in actions," which was referrd by the house to a Comee of 4 to join a Comee of Council, which was read & Resolved to concur with the house in their said reference & Mr Seymour was appointed to join.
Recd from the house the pet. of Russell Corning & others, praying for the removal of Chittenden County buildings, 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 Keyes was appd to join said Commee.
Recd the pet. of Henry Whitcher, which had been referred to a joint Committee who made report to Gen. Assembly & report not accepted with an order of the house to refer the same to the joint Commee of Claims, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house the bill entitled "an act laying a tax of 4 Cents pr. acre on the lands of Goshen gore," with an order of the house referrg the same to the 2d joint land tax Comee, which was read & it was Re- solved to concur with the house in their said reference.
Recd from the house the engrossed bill entitled "an act constituting a new County by the name of Jefferson," sent for revision &c. which was read & on the question shall the bill pass? the yeas & nays were called
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for & taken as follows: Yeas, Messrs Brigham, Wright, Seymour, Bliss, Loomis & Chittenden-6; Nays, Messrs Keyes, Smith, French, Butler, Hunter, Dennison & Crafts-7: so it was decided in the negative. The following were the reasons drawn & ordered to be carried to the Gen1 Assembly: "1st. That the Counties of the State of Vermont are con- sidered sufficiently small for the accommodation of the Citizens, who must necessarily resort to the shire-towns of Counties. 2d. That when the State was organized into Counties, the greatest possible convenience of the people was consulted, great expence has been made in erecting public buildings for the accommodation of Courts, which in several Counties the Gov. & Council consider will be wholly sacrificed should the bill pass, because they consider that the present centre of other Counties will be destroyed and in order to prevent the greatest sacrifice of public convenience the public buildings of those other Counties must be removed, which would destroy large sums of public money expended in those buildings. 3d. The Gov. & Council consider that for the regu- larity of public business & to prevent confusion introduced, the Counties should be as permanent as the circumstances of the State will permit.
R. C. MALLARY Secy."
Reed from the house the following engrossed bills sent up for revision &c. Viz. one entitled "an act laying a tax of 2 cents per acre on the town of Worcester;" one entitled "an act incorporating certain persons therein named by the name of the Thetford Manufacturing Company;" one entitled "an act for the removal of Samuel Pope Jr. from Woodstock Goal to State's prison," which were read & it was Resolved to concur with the house in passing the same into laws.
Reed the engrossed bill entitled " an act in addition to an act in amendment of an act for the purpose of founding an University at Burlington," which was read & it was Resolved to concur with the house in passing said bill into a law, with the following proposal of amend- ment, Viz. in 7th line from the bottom of the bill erase the word "forever" & insert "Subject to the order of a future legislature." Mr Loomis was appointed to assign the reasons to the house.
Recd from the house the engrossed bill sent for revision &c. entitled "an act authorising the Franklin Independant Artillery Company to enlist from the Standing Companies," which was read & it was Resolved to concur with the house in passing said bill into a law.
Recd from the house the following engrossed bills, sent from the house for revision &c. one entitled "an act in addition to an act estab- lishing a Company of Riflemen in Rutland;" one entitled "an act to incorporate certain persons by the name of the Vergennes Agricultural Society;" one end "an act granting a ferry to Joseph Mott;" & one entitled "an act laying a tax on the County of Caledonia," which were read & passed into laws.
Adjourned to 9 O'C. to morrow.
WEDNESDAY Oct. 31st, 1810, 9 O'C. A. M.
The Council met pursuant to adjournment.
Reed from the house the following engrossed bills, sent up for revision &c. one entitled "an act dividing the public lands in South & Middle Hero;" one entitled "an act to alter the times of holding meetings of Orange County Grammar School;" one entitled "an act relating to the public lands'in the towns of Ferrisburgh & City of Vergennes," which were read & it was Resolved to concnr with the house in passing the same into laws.
20
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Recd from the house the engrossed bill entitled "an act relating to guardians appd over drinking & disorderly persons," which was read & it was Resolved to nonconcur with the house in passing the same & the reasons were reduced to writing & returned to the house.
The engrossed bill entitled "an act empowering the Rutland & Stock- bridge Turnpike Company to remove the gate [now] erected on the turnpike near Zebedee Sprout's," which had been sent down to the house with proposals of amendment, and was now returned by Mr Hutchinson, who informed the Gov. & Council that the house had not concurred with said proposals of amendment, when he withdrew & the bill was ordered to lie.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
The bill entitled "an act empowering the Rutland & Stockbridge Turnpike Co. to remove Gates" &c. which had been sent down with pro- posals of amendt & returned, was now called up & it was Resolved to rescind from said proposals of amendment & to nonconcur with the house in passing said bill, which was returned to the house with the rea- sons therefor in writing.
The engrossed bill, entitled "an act constituting a new County by the name of Jefferson," which, yesterday, was nonconcurred by the Gov. & Council, was now returned again, passed, from the house to the Gov. & Council for their revision, concurrance &c. & on the question will the Gov. & Council concur with the house in passing this bill into a law? the yeas & nays were called for & taken as follows: Yeas, Gov. Brigham, Messrs Chittenden, Loomis, Bliss, Seymour, Butler, Wright & Keyes, 8; Nays, Smith, French, Hunter, Dennison & Crafts, 5: So it passed in the affirmative, & [it] was Resolved to concur with the house in passing said bill with the following amendment, which had been previously pro- posed, Viz. erase the 2d Sec. & insert the following: "Sec 2d. And it is hereby further enacted by the authority aforesaid, that John Peck of said Waterbury, Gershom Palmer of said Calais & Nicolas Baylies of said Montpelier be and hereby are appointed a committee to designate the place in said County of Jefferson whereon to bulid a goal & Court house for said County, and by purchase or gift, procure sufficient land for that purpose, taking a deed of the same in trust for said County: and said committee are hereby authorised to proceed immediately to erect said Goal & Court house & expend such monies as shall be raised by subscrip- tion for that purpose, & when said Committee shall have erected by subscription a good & sufficient goal, together with a dwelling house annexed thereto, for the use of the keeper, & provide some convenient place for the Courts to be held at for the time being, to the acceptance of the judges of the Supreme Court, the said County of Jefferson shall be organized for the transaction of all legal public business as a County." Gov. Brigham was appointed to assign the reasons to the house.1
1 The following account of the change of the proposed name of the new county to " Jefferson" was given in The [Windsor] Washingtonian of Nov. 25 1810 :
The Representatives of all the towns, which compose this County, met, and on motion of Mr. Robinson of Stowe, unanimously agreed, that it should be called WASHINGTON COUNTY. The name of " Wash- ington" was inserted in the title of the Bill, tho' the blanks were not filled. When it was read in the house, Mr. [Henry] Olin moved to fill the Blanks with "Jefferson." It was then objected, that "Washington" was inserted in the title. Mr. Olin said it was undoubtedly inserted by
.
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Governor and Council-November 1810.
The bill entitled "an act in addition to an act &c. for the purpose of founding an University at Burlington," which yesterday passed with certain proposals of amendment, was now called up & the resolution of concurrance rescinded & ordered to lie for further consideration.
Reed the engrossed bill entitled "an act establishing an academy in Addison & County of Addison" sent up for concurrance &c. which was read & it was Resolved to concur with the house in passing the same into a law with the following amendment, Viz. after the word "academy" in line 4th of page 2d of the bill [insert the words ] "to any amt not exceed- ing three thousand dollars;" & Mr French assign the reasons to the house.
The engrossed bill entitled "an act establishing an academy in West Rutland" was called up & it was Resolved to concur with the house in passing the same into a law with the following proposal of amendment, Viz. in the last line of section 3d erase the words "ten thousand dollars" & insert "three thousand dollars;" and erase the whole of section 5th after the words "all taxes." Mr French assigned the reasons to the house.
Reed from the house the Resolution of the house appointing tomorrow morning 10 O'Clock to meet in joint Commee to choose directors of Vermont St Bank & Visitors of State prison, which was read & it was Resolved to concur with the house in said resolution.
Recd from the house the engrossed bill entitled "an act constituting a Company by the name of Jefferson Artillery Company," which was read & it was Resolved to concur with the house in passing said bill into a law.
Adjourned to 9 O'C. A. M. tomorrow.
THURSDAY Novemr 1st 1810, 9 O'C. A. M.
The Council met pursuant to adjournment.
Pursuant to the joint resolution of both houses the Governor & Council met the house in joint Comee for the purpose of electing Directors of the Bank & Visitors of State prison, which was in part compleated when the Committee adjourned to tomorrow morning at the opening of the house.
Recd from the house the bill entitled "an act in addition to an act establishing a State bank," which was read & it was Resolved to concur with the house in passing the same with several amendments.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- The Council met pursuant to adjournment.
His Excellency directed the Secretary to deliver the Speaker of the House the following Communication:
mistake. Mr. [Jacob] Smith of Royalton was in favor of "Washington," and observed that he should have no objection to the next County's being called "Jefferson." Mr. Titus Hutchinson then moved to strike out that part of the title which included the name of "Washington" &c. so that it would read "An act constituting a New County" &c. which (Mr. Olin withdrawing his motion) was carried. Mr. Olin then re- newed his motion to fill the Blanks with "Jefferson," which was also carried.
In Council, Judge [Elias] Keyes moved that the name of the County should be "Washington," but his motion was not seconded, and in this manner was it named, contrary to the unanimous voice of the petition- ers by their Agents, Jefferson County.
In 1814, the name was changed to WASHINGTON, and the change has since been respected by all political parties.
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To the Hon. D. Chase Esqr Speaker of the House of Representatives : -
Sir, I have to inform the house through you that Major General Curtiss of the 4th division, & Brigadier General Abner Forbes of the 1st brigade & 4th division of the Militia of this State, have delivered to me the resignations of their several offices aforesd which I have accepted. The Gen. Assembly will please to direct the manner of filling the vacancy. JONAS GALUSHA.
Recd from the house the engrossed bill entitled an "act to establish the proceedings of the proprietors of Orange," which was sent to the Gov. & Council for revision &c. which was read & Resolved to concur with the house in passing the same into a law.
Recd from the house the following engrossed bills sent up for concur- rance &c. one entitled "an act laying a tax on Brownington," & one entitled "an act incorporating certain persons therein named by the name of the Champlain Cotton & Woolen Manufacturing Company," which were read & it was Resolved to concur with the house in pass- ing the same into laws.
The engrossed bill entitled "an act in addition to an act & amendment of an act for the purpose of founding an University at Burlington,' which had been ordered to lic. & was now called up & on the question, Will the Council rescind from their proposals of amendment? the Yeas & Nays were called for & taken as follows: Yeas Gov. Brigham, Messrs. Chittenden, Crafts, Dennison, Hunter, Butler, Wright; Nays, Loomis, Bliss, Seymour, French, Smith & Keyes. So the Council rescinded from their proposals of amendment & then on the question Shall the Gov. & Council concur with the house in said bill, It was decided in the affirmative, so the bill became a law.
Mr Hutchinson appeared in Council & returned the bill relating to the State bank, which had been sent down to the house with certain pro- posals of amendment, & informed the Gov. & Council that the house had concurred in all the proposals of amendment except the first, & then he withdrew: whereupon it was Resolved to concur with the house in pass- ing said bill after rescinding the said first proposal of amendment.
Recd from the house the engrossed bill entitled "an act in addition to an act for the support of Schools," which was read & it was Resolved to nonconcur with the house in passing the same.
Recd from the house the following bills sent up from the house for concurrance &c. one end " an act in addition to an act constituting a Company of Artillery in the town of Fairfax," & one end " an act annex- ing the district of Deweysburgh in the County of Caledonia to the towns of Peacham & Danville," 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.
FRIDAY November 2d, 1810, 9 O'C. A. M.
The Council met pursuant to adjournment.
The following resolution was introduced & passed: In Council Nov. 2d, 1810. Resolved that the Council advise his Excellency the Governor to appoint the third Wednesday of April next to be observed as a day of public fasting & prayer throughout this State; and that he be re- quested to issue his proclamation accordingly.
Recd from the house the account of Alexander Hutchinson & Sylva- nus Baldwin with orders to refer them to the Comee of Claims, which were read & Resolved to join in sd reference.
Recd from the house the following resolution: In Gen1 Assembly Nov. 1st, 1810. Resolved, the Gov. & Council concurring herein, that the two
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houses meet in the representatives' room tomorrow morning at 10 O'clock for the purpose of electing a Major General to supply the va- cancy occasioned by the resignation of Zebina Curtiss; & also a Briga- dier General to supply the Vacancy occasioned by the resignation of Brigadier Gen. Forbes. Attest W. D. Smith Clk," which being read it was Resolved to concur with the house in their said resolution.
The engrossed bill relating to Shoemakers was read & it was Resolved to nonconcur with the house in passing said bill & the reasons in wri- ting were sent to the house.
His Excellency the Governor informed the Council that Jonathan Robinson Esquire had resigned his office of Commissary General, whereupon his Excellency was pleased with the advice of Council to appoint Samuel B. Young Esquire to fill the vacancy thus occasioned.
Recd from the house a resolution, dated Oct. 29th, 1810, appointing friday then next at 10 O'C. for the purpose of adjourning the legislature without day, which was read & it was Resolved to concur with the house in said resolution with the following proposal of amendment: erase the words " Friday morning " & insert " tuesday the 6th of Nov."
Pursuant to appointments the Governor & Council met the house in joint Committee for the purpose of electing Directors of the State Bank & a Major General & Brigadier General to fill the vacancies occasioned by the resignations of Maj. Gen. Curtiss & Brig. Gen. Forbes, which being done they returned. 1
Recd from the house the following engrossed bills sent for concurrance &c. Viz. one end "an act to revive an act appointing a Committee to survey the road therein mentioned," one "an act granting relief to Ephraim Munson," one "an act laying a tax of three cents per acre on the Goshen Gore adjoining Plainfield," one "an act for the revival of an act for a land tax on New Huntington," one "an act relating to State printing," one "an act altering the name of Dalinda Wheeler to Cush- man," one "an act to authorize Samuel Smith Jr. to deed certain lands therein mentioned," one "an act in addition thereto, appointing a Comee to Lay out & survey a road therein mentioned," which were read & it was Resolved to concur with the house in passing the same into laws.
Recd from the house the engrossed bill sent up for concurrance &c. end "an act in addition to the act for the Support of Schools," which was read & it was Resolved to nonconcur with the house in passing the same and that the following reasons be sent to the house, Viz "1st. Because frequent alterations in the laws are attended with many serious incon- veniences and never onght to be made unless such laws are materially defective, which the Governor & Council consider is the Case with those which relate to schools: 2d. Because in the opinion of the Gov. & Council, the towns & districts especially in the older part of the State are doing as much for the support of schools as is necessary; and the newer towns perhaps as much as they can, considering their circum- stances, under the laws now in force. 3d. Because the Legislature so amended the laws that those embarrassments under which districts la- bored in raising money were removed so that a majority in each district have power to raise as much money for the support of schools as a ma- jority may think best. 4th. Because the tax contemplated to be raised by this bill would go but little towards supporting schools; of course each district must resort to several different modes of raising & collecting money for the same purpose which they have usually done in one. This it is considered would be attended with inconvenience & perplexity.
Adjourned to 2 O'C. P. M.
1 William Cahoon was elected Major General and Seth Wood Briga- dier General.
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2 O'C. P. M .- Council met pursuant to adjournment.
Recd from the house the report of the Committee respecting the Visitors of the State's prison with an order of the house referring the same to a Comee of 3 to joiu, which was read & it was Resolved to concur with the house in their said reference. Mr Crafts was appd to join.
Recd from the house the resolution appointing tomorrow morning the time to adjourn the legislature, which was read & it was Resolved to concur with the house after erasing the words "tomorrow morning" & insert "Monday morning."
Recd from the house the resolution for both houses to meet in the rep- resentatives' room for the purpose of electing trustees to the University of Vermont, which was read & it was Resolved to concur with the house in their said resolution.
Recd from the house the following engrossed bills sent for concurrance &c. Viz. one end " an act incorporating certain persons therein named by the [name of the] president, directors & Company of the Vermont Glass factory," one " an act relating to the duty of proprietors' Clerks," one " an act in addition to an act for the support of Schools." one "an act directing the treasurer to pay the sum therein mentioned," one " an act establishing the rate of interest on Goal bonds & officer's receipts," which were read & it was Resolved to concur with the house in passing the foregoing bills into laws.
Recd the engrossed bill entid "an act to empower the Supreme Court to adjust accounts against the State," which was read & it was Resolved to nonconcur with the house in passing the same into a law. The rea- sons in writing were drawn up & delivered to the house as follows: " 1st. Because it is believed that the passing of said bill will not prevent fu- ture applications to the legislature for compensation of services ren- dered this State as mentioned in said bill. A law of this nature would be considered as an invitation to exhibit accounts to said Court for ad- justment; they would be numerous & enormous, & many of them of long standing. The more just of them would be allowed, & the rest of the applications, having been thus encouraged, would come before the legislature. 2d. Because it is believed the Supreme Court have given the fee-bill a very liberal construction with respect to claims of this na- ture; and that an alteration so material as the bill contemplates would not prove advantageous to the community at large. Our laws on this subject are of long standing, and the contemplated alteration may be attended with more serious consequences than was apprehended. To keep open the door for the exercise of true patriotism, may prove the mean of keeping closed the avenues to enormous expences." .
Adjourned to 9 O'C. A. M. tomorrow:
SATURDAY Novem" 3ยช, 1810, 9 O'C. A. M.
Council met pursuant to adjournment.
Personally appeared in Council the Hon. Elias Keyes, Aaron Leland & William Hunter, to whom the oaths of office were duly administered as Judges of Windsor County Court. At the same time the oaths of office were duly administered to Hon. Ezra Butler & Noah Chittenden Esqrs. as Judges of Chittenden County Court; also the oaths of office were duly administered to the Hon. Beriah Loomis Esquire as Judge of Orange County Court.
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