USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 42
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74
Recd from the house the engrossed bill entitled " an act laying a tax of 4 cents pr acre on the town of Sheldon," which was sent up for con- currance, which was read & it was Resolved to concur with the house in passing the same into a law.
A
311
Governor and Council-November 1810.
Recd from the House the engrossed bill end " an act in addition to an act relating to the State prison," which was sent up for concurrance. &c. which was read & it was Resolved to concur with the house in passing the same into a law with [adding] the following amendment, Viz. " Sec. 5. And it is hereby further enacted, that whenever any convict, who, in the opinion of the Visitors & Superintendant shall have been of quiet behaviour during his residence in the State's prison, and shall have fully complied with the sentence whereon he stands committed, and Costs of prosecution only remain unsatisfyed, and said convict shall be unable to pay the same, it shall be the dnty of the Superintendant immediately to discharge said convict and suffer him to go at large whither he will, and the Superintendant shall at the same time execute and deliver to such convict a certificate showing a compliance with the sentance & that such convict is fully discharged." Mr Loomis was appd to assign the reasons to the house.
The Hon. Noah Chittenden was excused for the remainder of the Session.
Recd the engrossed bill end " an act assessing a tax of one cent on the dollar on the list of the present year " [State tax,] which was sent for concurrance &c. which was read & it was Resolved to concur with the house in passing the same into a law.
Recd from the house the engrossed bill entitled "an act appointing a Commee to alter the County roads leading from Chelsea by Danville Court house to the south line of Wheelock. and from Montpelier to Dan- ville Court house," which was read & it was Resolved to concur with the honse in passing the same with the following amendment, Viz. " Sec. 2ª. It is hereby further enacted, that any land owner, through whose land said road may be laid, shall be entitled to the same privileges as are given in the act entitled an act reducing into one the several acts for laying out, making, repairing & clearing highways." Mr Loomis was appointed to assign the reasons to the house.
Recd from the house the bill end "an act appointing a Committee to alter the market road leading from Derby to Guildhall," which was read & it was resolved to concnr with the house in the same with proposals of amendment & Mr'Crafts was [appointed] to assign the reasons to the house.
The bill entitled "an act relating to the State's prison, & punishment of crimes," which had been sent down to the house with proposals of amendment, was now returned from the house by Mr Fisk, who in- formed the Gov. & Council that the house had not concurred with said proposals of amendment & assigned the reasons of the house, when on motion it was Resolved to rescind from said proposals of amendment, and then it was Resolved to concur with the house in passing the same into a law, with further proposals of amendment.
Recd from the house the following engrossed bills, sent up for conenr- rance &c. one entitled "an act appointing a Commee to look out a road," one, "an act directing the mode of electing town officers in the town of Canaan for the year ensuing," one "an act giving relief to William Carly & Amasa Edson," one "an act granting to Curtiss Holgate the ex- clusive privilege of erecting a wharf at Burlington bay in the County of Chittenden for the term of 20 years," & one "an act laying a tax of 4 cents pr acre on Navy" [Charleston,] which were Severally read & it was Resolved to concur with the honse in passing the same into laws.
Adjourned to 2 O'C. P. M.
2 O'C. P. M. Nov. 3d, 1810 .- Council met pursuant to adjournment.
Mr Crafts introduced the bill entitled "an act repealing a certain act therein mentioned," which was passed & ordered to be sent to the Gen, Assembly for concurrance.
312
Governor and Council -November 1810.
Reed the engrossed bill entitled "an act incorporating certain persons therein named by the name of Swanton Missisquoi Bridge Company," which was read & it was Resolved to concur with the house in passing the same with proposals of amendment & Mr Keyes assigned the rea- sons to the House.
Recd from the house the engrossed bill end "an act more clearly de- fineing the qualifications of Voters in town meetings," which was read, & it was Resolved to nonconcur with the house in passing the same & the following reasons were assigned to the house in writing, Viz. 1st. It would tend to invite to the practice of fraud by procuring Voters in town meetings to carry any disputed question, by reason whereof great injury may accrue to society as well as to individuals. 2d. That an inno- vation upon our general laws, which have been of long standing, would be justifyed only in case of necessity. 3d. The present existing laws appear fully competant.
Recd the engrossed bill end "an act in addition to an act reducing into one the several acts for laying out, making, repairing, & clearing high- ways," which was read & it was Resolved to non Concur with the house in passing the same into a law. The reasons in writing were assigned to the house.
The bill entitled "an act authorizing the proprietors of Caldersburgh [Morgan] to confirm the division of their lands," on which Mr Seymour was appd a Committee, was now called up & Mr Bliss was appointed in his place.
Mr Crafts introduced the following resolution, which was passed: In Council Nov. 3d, 1810. Resolved, the General Assembly concurring herein. that all the business which shall remain unfinished at the rising of the legislature shall be referred to the next session of the general assembly.
· Recd from the house the resolution of the house giving permission to the Chief Judge of the Supreme Court to take the laws of the several States which belong to the State and are now in the hands of the execu- tive, which was read & it was Resolved to concur with the house in passing said resolution.
The following debenture was read & accepted:
Mem. of Council.
No. of Miles.
Amount
Mileage.
Days.
Amount
Attendance.
Amount
of
Debentures.
Lt. Gov. P. Brigham.
50
$61
26
$104
$110|
Noah Chittenden
30
3|60
24
36
39 60
Beriah Loomis
42
5.04
26
39
44|04
Samuel C. Crafts.
42
5 04
26
39
44 04
Gilbert Dennison.
120
14 40
23
34 50
48 90
Fred. Bliss ..
55
6 60
26
39
45 60
Wm. Hunter.
60
7 20
26
39
46 20
Horao. Seymour.
58
6 96
23
34|50
41 46
Ezra Butler.
12
1 44
26
39
40 44
Haines French
80
9 60
26
39
48.60
Josiah Wright
150
18
26
39
57
Pliny Smith.
72
8 64
26
39
47 64
Elias Keyes ...
42
5 04
26
39
44 04
R. C. Mallary Secy.
70
8 40
26
65
73 40
I. P. Dana Sheriff.
30
3 60
26
39
42 60
Total amt.
913
$109 56
1382
$664
$773 56
of
of
313
Governor and Council-November 1810.
Ordered, that Mr Crafts be appointed to receive the above debenture of the Treasurer.
Mr Hunter was appointed to join a Comee of the house for making up the appropriation of the present year.
The bill end "an act in addition to an act reducing into one the several acts &c. respecting highways," which was returned to the house non- concurred, was now sent to Council passed again by the house & the reasons assigned by Mr Olin, when the vote of nonconcurrance was rescinded & the bill passed into a law.
Recd from the house the following engrossed bills. sent for concur- rence &c. one entitled "an act incorporating certain persons therein named by the name of the Magog bridge Company," one "an act laying a tax of 2 cents pr acre on the town of Derby," "an act appointing a Com- mittee to alter the jurisdictional lines between Highgate, Swanton and Huntsburgh," "an act legalizing town proceedings wherein officers were not free holders," "an aet empowering Apollos Austin, Joseph Warner, & Pliny Smith to remove obstructions at or near the falls in Vergennes," "an act in addition to an act establishing a State Bank," "an act direct- ing the State Treasurer to pay the sum therein mentioned to Sylvanus Baldwin," "an act appointing a Comee to examine into the situation & expenditures of the State's prison & other purposes." "an act appointing a Comee to examine [accept] the State Prison [and] to cancel bonds" &c. "an act making appropriations for compleating State's prison," "an act directing the treasurer to pay the sum therein mentioned," "an act granting relief to Joseph Barney & Obadiah Wheeler," "an act altering the name of Middle Hero," "an act relating to the probate of Wills & settlement of testate & intestate estates." "an act in addition to an act entitled an act for the relief of Idiots & distracted persons," "an act lay- ing a tax on Morgan," "an act authorizing the proprietors of Sheffield to establish a former survey & allotment of said town," "an act granting a new trial to John Levake," which were severally read & it was Re- solved to concur with the house in passing the same into laws.
Adjourned to 9 O'C. A. M. Monday next.
MONDAY Novemr 5th 1810, 9 OC. A. M.
Council met pursuant to adjournment.
Recd from the house a resolution directing the Treasurer of this State [to convey to the Governor] Eighteen volumes of the revised laws of this State, and that the Governor of this State be requested to transmit them to the several Governors of the several States & to the Governors of Upper & Lower Canada, which was read & it was Resolved to concur with the house in their said resolution with the following amendments, Viz. in the third line of the Resolution erase the word "Eighteen" & insert "Sixteen." Then erase the words "and also to the Governors of Upper & Lower Canada." Then add the following: "And the auditor of accounts is hereby directed to allow the Governor all reasonable expences in sending the same to the several states."
Recd the Engrossed bill entitled "an act making appropriations for the support of Govt the present year," which was read & it was Re- solved to concur with the house in passing the same.
Pursuant to the. concurrant Resolution of both houses, The Gov. & "Council met the house in the Representatives' room & after the address to the Throne of Grace by the Reverend Chaplain of the House the Legislature was adjourned without day. A true Journal,
Attest R. C. MALLARY Secy.
-
THIRTY-FIFTH COUNCIL.
OCTOBER 1811 TO OCTOBER 1812.
-
JONAS GALUSHA, Shaftsbury, Governor. PAUL BRIGHAM, Norwich, Lieut. Governor.
Councillors :
BERIAH LOOMIS, Thetford, NOAH CHITTENDEN, Jericho,
ELIAS KEYES, Stockbridge, JOSIAH WRIGHT, Pownal,
EZRA BUTLER, Waterbury,
FREDERICK BLISS, Georgia,
GILBERT DENISON, Guilford,
SAMUEL C. CRAFTS, Craftsbury, HORATIO SEYMOUR, Middlebury,
WILLIAM HUNTER, Windsor,
PLINY SMITH, Orwell,
JOHN CAMERON, Ryegate.
ROLLIN C. MALLARY, Castleton, Secretary. ISRAEL P. DANA, Danville, Sheriff.
BIOGRAPHICAL NOTICE.
JOHN CAMERON represented Ryegate in the General Assembly 1797, '8, 1801 until 1806, 1807 until 1810, 1820, and 1832. He was Councillor 1811 and '12. He came from Scotland to Ryegate in 1790, and purchased one thousand acres of land in the western part of the town, and after- wards at "the corner." where he built the first store in Ryegate. He was a man of large mental endowments and his influence was felt far beyond his town, commanding the confidence of both political parties. He was Assistant Judge of Caledonia Court 1806 until 1811, and Chief Judge 1811 until 1814. He died in 1837. aged 76 years. His first wife was a daughter of Gen. John Stark. - Deming's Catalogue; and Vt. Hist. Mag. Vol. I, article "Ryegate."
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION WITH THE GENERAL ASSEMBLY AT MONTPE- LIER, OCTOBER 1811.
STATE OF VERMONT SS. A Journal of the proceedings of the Governor & Council of the State of Vermont at their session begun & holden at Montpelier in said state on the second thursday of October A. D. 1811, being the tenth day of said month. Present, His Excel- lency Jonas Galusha Esqr. Governor; His Honor Paul Brigham Esquire Lt Governor; The Hon. Josiah Wright, Noah Chittenden, Pliny Smith, - Wm. Hunter. Samuel C. Crafts. Frederick Bliss. Ezra Butler, Beriah Loomis, Gilbert Dennison, & Elias Keyes Esquires [Councillors.] Rollin C. Mallary Secretary; Israel P. Dana Esqr. Sheriff of Caledonia County.
Mr Smith, from the house, appeared in Council & informed the Gov. & Council that the General Assembly had organized & were ready to proceed to business.
The Secretary was directed to inform the house that the Gov. & a quorum of the Council had convened & were organized & ready to pro- ceed to business & to receive any communications the house should think proper to make. The Secretary informed the House accordingly.
Mr Luce, from the house, appeared in Council & informed the Gov. & Council that the house had appd a Committee to receive, sort & count the votes for the State officers for the year ensuing, when it was Resolvd to appoint a Committee of 5 members to join said Comee of the house. And Messrs. Chittenden, Hunter, Crafts, Loomis & Wright were ap- pointed & sworn agreeable to Law. The Secretary was directed to inform the house that they had appointed a Committee on their part to join a Committee appointed by the house as a canvassing Committee. The Secretary informed the house accordingly.
Adjourned to 4 O'C. P. M. 1
4 O'C. P. M .- Council met purst. to adjournment.
Mr Luce appeared in Council & informed that the house had as- sembled & were ready to receive the report of their canvassing com- mittee. The Gov & Council proceeded to the Representatives' room to meet the house in joint Committee, when the following report was read, Viz.
" To the Hon. General Assembly now sitting: The Committee appointed for the purpose of receiving, sorting & counting the votes for Governor, Lt. Governor, Treasurer, & Councillors for the year ensuing, do report & declare that His Excellency Jonas Galusha is elected Governor; His Honor Paul Brigham is elected Lt. Gov .; Benjamin Swan Treasurer; & The Hon Samuel C. Crafts, Ezra Butler, Horatio Seymour, Elias Keyes, Frederick Bliss, Beriah Loomis, Pliny Smith, Gilbert Dennison, Josiah
The election sermon was preached by Elder Thomas Skeel.
316
Governor and Council-October 1811.
Wright, William Hunter, John Cameron & Noah Chittenden Esquires were elected Councillors.
Montpelier Oct. 10th, 1811.
BERIAH LOOMIS Chairman. W. A. PALMER Clerk." Adjourned to 9 O'C. A. M. to morrow.
FRIDAY October 11th, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
His Excellency the Gov. took the Chair.
Mr Rich of the house appeared in Council & informed that the House had organized & were ready to receive any communication the Gov. & Council was pleased to make.
The Secretary was directed to inform the house that they had organ- ized & were ready to receive any communications that the house was pleased to make. The Secretary informed the house.
Recd from the house a resolution appointing the opening of the house this afternoon the time for both houses to meet in Representatives' room for the purpose of electing a Chaplain for the present Session, which was read & Resolved to concur with the house in passing the same.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met &c. &c.
Pursuant to the concurrent resolution of both houses the Lt. Gov. & Council met the house in joint Committee for the purpose of electing a Chaplain for the present session, which being done the Gov. & Council returned to their Chamber.
His Excellency the Governor & the Lt. Governor & the Honorable Council proceeded to the Representatives' room when the Oaths of office were duly administered by the Hon. Chief Justice Tyler, when His Ex- cellency delivered the following Speech to both Houses. -
[The Governor and Council returned to their Chamber, when] Gov. Brigham on leave introduced the following resolution: In Council Oct. 11th, 1811. Resolved, the Gen. Assembly concurring herein, that a Comee of two members of Council be appointed to join such Committee as the house may please to appoint to take into consideration the expe- diency of providing by law for the expenses of powder used by the Washington Artillery Company on the day of election, & to report by bill or otherwise, which was adopted & Gov. Brigham & Mr Keyes were ap- pointed on that Comee.
Adjourned to 9 O'clock A. M. to morrow.
SATURDAY, October 12th, 1811, 9 O'C. A. M.
The Council met pursuant to adjournment.
Resolved that the several Committees, which may be raised in Coun- cil during the present session, be nominated by the Governor, or in his absence by the Lt Gov.
Recd from the house several resolutions appointing Comees on the part of the house to join Comees on the part of the Council, Viz. one apps a Comee of 4 to be called a Comee of Suspension-read & concurred & Mr Keyes was appointed. One, appo'ing a turnpike Committee, which was read & Mr Loomis was appointed to join. One appointing a Comee of 4
1 For the speech see Appendix A.
317
Governor and Council-October 1811.
to be called a Comee of Claims, which was read & Mr Hunter was appd. One appointing a Comee of 4 to be denominated the 1st land tax Comee, which was read & Mr Bliss was appointed. One appointing a Commit- tee of 4 to be denominated a 2ª land tax Comee, which was read & Mr Dennison was appointed. One appointing a Comee of 4 to be called the 3d land tax Comee, which was read & Mr Chittenden was appointed. One appointing a Comee of 4 to be denominated a Comee of new trials & Mr Wright was appointed. One appointing a Committee of 4 to be de- nominated a Military Committee, which was read & Gov. Brigham was appointed.
Recd from the house the petition of John F. Westernhouse, with an order of the house referring the same to the joint Comee of Claims, which was read & it was Resolved to concur with the house in referring the same.
Recd from the house the pet. of Shelburn with an order of the house referring the same to a Committee of 3 to join a Comee of Council, which was read & it was Resolved to concur with the house in their said reference. Mr Smith was duly appointed.
Recd from the house the petition of John Rogers & Abel Baily 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 Chittenden was duly appointed.
Recd from the House the pet. of Ryegate for a land tax with an order of the house to refer the same to the 1st joint land tax Comee, which was read & Resolved to concur with the house in their said reference.
Reed from the house the following petitions: one of Jonas Clark Jr. & others. one of Wait Rathburn & others, one of Joel Beman & others praying for turnpikes, also Remonstrance of Clarendon, Remonstrance from Ira, Petition of Middletown for a turnpike, with an order of the house on each referring the same to the joint Turnpike Committee, which were severally read & it was Resolved to concur with the house in their said reference.
Reed from the house the petitions of R. Parker, of Joshua Chamber- lain. of Northrup Rockwell, of Moses Pier, of Thos Miller, of El. W. Keyes with orders of the house referring the same to the joint Comee of Suspension, which were severally read & it was Resolved to concur with the house in their said reference.
Reed from the house the net. of Sam' Hitchcock with an order of the house to refer the same to a Comee of three to join, which was read & it was Resolved to concur with the house in their said reference & Mr Smith was duly appointed to join said Comee.
Reed the pet. of Jonathan Richardson, of Vernon Himes, of Elizabeth Burnes, with orders of the house on each to refer the same to the joint Comee on the pet. of Samuel Hitchcock, which were severally read & it was Resolved to concur with the house in their said reference.
Reed from the house the pet. of Billy Todd & others, of James Wheeler & Ethan Bradley with orders of the house to refer the same to the joint Manufacturing Comee, which were severally read & it was Resolved to concur with the house in their said reference.
Reed from the house the pet. of John C. Waller with an order of the house appointing a Committee of 3 to join which was read & it was Resolved to concur with the house in their said reference & Mr Butler was duly appointed.
Recd the petitions of Ezra Phillips, of James Johnson, of Martin Dunning, of Abiather Angel, of Levi & Salmon Hull, of Abel Platt, with an order of the house referring the same to the joint Comee on the
318
Governor and Council-October 1811.
pet. of John C. Waller, which were severally read & it was Resolved to concur with the house in their said reference.
Adjourned to 2 O. C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
No business appearing before Council it was adjourned to 9 O'C. A. M. on Monday next.
MONDAY October 14th, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
Recd from the house the bill entitled an act organizing the County of Jefferson with an order of the house referring the same to a Comee of three to join from Council, which was read & it was Resolved to concur with the house in their said reference & Mr Wright was duly appointed to join said Committee.
Mr Seymour appeared in Council & took & subscribed the necessary oaths of office as a Councillor. & took his Seat.
Recd from the house the pet. of M. Smith with an order of the house referring the same to the joint Comee on the petition of John C. Waller, which was read & it was Resolved to concur with the house in their said reference.
Reed from the house the petition of A. W. Hyde, & the pet. of Elam Jewett & others with orders of the house on each referring the same to the joint Comee of Claims, which were read & it was Resolved to concur with the house in their said reference.
Recd the petitions of A. Darby, of Jas. Robinson, of Henry Parker, with an order of the house on each to refer the same to the joint Comee of Suspension, which were read & it was Resolved to concur with the house in their said reference.
Reed the petition of Poultney with an order of the house to refer the same to a Comee of 4 to join, which was read & it was Resolved to con- cur with the house in their said reference & Mr Seymour was appointed to join.
Reed from the house the pet. of Wells with an order of the house to refer the same to the joint Comee on the pet. of Poultney, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house a resolution of the house requesting the Gov. with the consent & advice of Council to appoint Thursday the 5th day of Decem" next to be observed as a day of public thanksgiving & praise throughout this State, whereupon it was Resolved to advize his Excel- lency to appoint said day as a day of thanksgiving & that he be requested to issue his proclamation accordingly.
Recd from the house the pet. of Cavendish with an order of the house referring the same to a Comee of three to join, Cond & Mr Dennison was appd.
Reed the pet. of Thomas W. Fitch with an order of the house refer- ring the same to the joint Comee on the pet. of Cavendish, which was read & it was Resolved to concur with the house in their said reference.
Reed from the house the pet. of Wells.
Recd the Pet. of Francis Ledyard praying for pardon, stating that he is a convict of State's prison, which was read & on Consideration ordered to lie on the table.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Recd from the house the following petitions for land taxes, one of Sherburn, of Parker's Gore, of Bridgewater, of Huntsburgh [Franklin,]
319
Governor and Council-October 1811.
of Lincoln & remonstrance against a tax on Lincoln, with orders of the house on each referring the same to the 1st land tax Committee, which were severally read & Resolved to concur with the house in their said reference. .
Recd from the house a resolution appointing 4 O'C. P. M. on tuesday next a time for the members of each County to meet in County Conven- tions to make their nominations & Wednesday morning at the opening of the house the time to meet in Representatives' room in joint Comee for the purpose of Electing County officers, which was read & Resolved to concur with the house in passing said resolution.
Adjourned to 9 O'C. A. M. to morrow.
TUESDAY October 15th, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
Recd from the house a resolution appointing this day at the opening of the house a time to mect in joint Comee to elect Judges of Supreme Court, which was read & it was Resolved to concur with the house in passing the same.
Recd from the house the bill entitled an act altering the time of holding Windsor County Court, with an order of the house referring the same to a Comee to join a Comee of Council, which was read & it was Resolved to concur with the house in their said reference & Messrs Keyes & Hunter was [were] appointed to join.
Recd from the house a resolution appointing a Comee to join a Comee of Council to take into consideration the report of the Comee appointed last session of the Legislature to settle the accounts of the visitors of State's prison &c. which was read & it was Resolved to concur with the house in passing said resolution. Mr Crafts was appointed.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.