USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 44
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JONAS GALUSHA.
Recd from the house the pet. of Troy with an order of the house re- ferring the same to a Comee of 3 to join, which was read & it was Re- solved to concur with the house in their said reference. Mr. Crafts [was joined.]
Pet. of Duncansboro was recd with an order of the house to refer the same to the joint Comee on the pet. of Troy, which was read & it was Resolved to concur with the house in their said reference.
The petition of Chester Peas was read praying for a pardon, stating that he is a convict in State's prison, & on the question Shall the prayer of
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said petition be granted ? the Yeas & Nays were called for & taken as follows, Viz. Yeas, None-Nays, Brigham, Keyes, Wright, Bliss, Hun- ter, Dennison, Cameron, Crafts, Loomis, Butler & Smith-so the prayer of said petition was not granted.
Adjourned to 9 O'C. A. M. tomorrow.
SATURDAY. October 19th, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
Present His Excellency the Gov., His Hon. the Lt Gov., The Honora- ble Gilbert Dennison, Fredk Bliss, Pliny Smith, John Cameron, Josiah Wright, Horatio Seymour, Ezra Butler, Elias Keyes & Wm. Hunter Es- quires. Rollin C. Mallary, Secretary; Israel P. Dana Esquire Sheriff.
Recd the pet of Thomas W. Fitch, which had been previously referrd to a joint Comee who made a report which was rejected by the house, with an order rejecting said report & committing said petition to the former Committee, which was read & Resolved to concur with the house in their recommitment of said petition.
Recd from the house the bill entitled an act extending the time for completeing the Sand-bar Turnpike with an order of the house to refer the same to the joint turnpike Comee, which was read & it was Resolved to concur with the house in their said reference.
The pet. of the town of Roxbury to be annexed to the County of Jefferson, with an order of the house to refer the same to a Select Comee of 3 to join a Comee of Council, which was read & it was Resolved to concur in said reference & Mr Keyes was duly appointed.
The Representation of the University of the State of Vermont was recd 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 was appointed to join.
Recd the pet. of Josiah Wright with an order of the house referring the same to the joint Comee of Claims, read & Resolved to concur with the house in their said reference.
Recd from the house the bill entitled an act authorizing the Commit- tee to superintend the expenditure of a land tax in Newark, with an order of the house referring the same to the 3d joint land tax Comee, which was read & it was Resolved to concur with the house in their said reference.
Recd the pet. of Joel Tinker & acct, with an order of the house refer- ring the same to the joint Comee of Claims, which was read & it was Re- solved to concur with the house in their said reference.
Mr Chittenden on request was excused the remainder of the session. On Motion, Mr Keyes was appointed to join the 3d land tax Comee in the place of Mr Chittenden who had obtained leave of absence the remain- der of the session.
The Committee who was appointed to take into consideration the ex- pedieney of providing for the expences of the Washington Artillery Company in powder reported a bill for that purpose, which was read & it was Resolved to pass the same & send it to the General Assembly for their Concurrance.
Recd from the house the engrossed bill entitled an act establishing an academy at Shoreham in the County of Addison, which was read & it was resolved to concur with the house in passing the same into a law with the following amendments, Viz. at the close of the 2ª section add "to the amt of five thousand dollars"-and in the 6th line of said 2ª sec- tion after the word "academy" add "they not being repugnant to the
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laws of this State or of the United States." In Section 4th strike out from the word "necessary" in the 6th line the remainder of the section.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursnant to adjournment.
Recd the engrossed bill entitled "an act in addition to an act consti- tuting the Supreme Court & County Court, defining their powers & regulating judicial proceedings," which was read & it was Resolved to concur with the house in passing the same into a law with the following amendment, Viz. add "and whenever any demand so plead in offsett "shall be such as is within the original Jurisdiction of the County Court "either party shall have the same right of appeal or review as he would "have had if the suit had been originally commenced before the County "Court."
Adjourned to 9 OC. A. M. Monday morning.
MONDAY October 21st, 1811, 9 O'C. A. M.
Council met pursuant to adjournment ..
Recd the bill entitled "an act establishing an aquaduct company in Brattleboro," with an order of the house to refer the Same to a Comee of 2 to join a Comee of Council, which was read & it was Resolved to concur with the house in their said reference. Mr Keyes was appointed to join said Comee.
Recd from the house the engrossed bill entitled "an act directing the treasurer to pay Amos Babcock the sum therein mentioned." which was read & it was Resolved to concur with the house in passing said bill into a law.
Recd from the house the engrossed bill entitled "an act authorizing Samuel Hitchcock executor of the last will & testament of Levi Allen &c. to sell lands," which was read & it was Resolved to concur with the house in their said bill with the following amendment in the last clause of the bill, Viz. after the word " Chittenden," insert " with good & suffi- cient Surety or Sureties." Mr Loomis was appd to assign the reasons to the house.
Recd the engrossed bill entitled " an act authorizing the Chairmen of Committees to administer oaths," 1 which was read & it was Resolved to concur with the house in their said bill & that the same become a law.
Mr Wright was appointed on the Committee of Claims, Mr Hunter being unable from ill health to attend to the duties of said Committee.
Mr Bliss was appointed on the joint Committee on the pet. from Brandon.
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 sent for concur- rence or proposals of amendment, Viz. one entitled " an act altering the times of holding the County Court for the County of Windsor," "an act laying a tax of 3 cents pr acre on the town of Minehead," "an act alter- ing the name of Hamilton Hogg," "an act laying a tax of 4 cents pr
1 Chairmen of "committees of the House "; but nearly all committees raised by the House were joint committees, of which a Councillor was chairman, and by this act the Councillors were in such case authorized to administer an oath when necessary.
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acre on the town of Ryegate," which were severally read & it was Re- solved to concur with the house in passing the foregoing bills into laws.
The pet. of Allen Bryant praying for a pardon was called up & on the question Shall the prayer of said petition be granted ? The Yeas & Nays were called for & taken as follows: Yeas, none-Nays, Brigham, Keyes, Wright, Bliss, Hunter, Dennison, Cameron, Crafts, Loomis, But- ler & Smith-so that the prayer of said pet. was not granted.
The petition of Abel Whitman praying for a pardon, stating that he was a convict in State's prison, was read & on the question Shall the prayer thereof be granted ? the Yeas & Nays were called for & taken as follows: Yeas, Brigham, Keyes, Wright, Bliss. Hunter, Dennison, Crafts, Loomis, Butler, Smith-Nays, Cameron, so the prayer of said petition was granted, and it was Resolved to issue a pardon to the said Abel in due form of law.
The pet. of George Parker praying for pardon, stating that he is a convict in State's prison, was read & on the question Shall the prayer thereof be granted ? the Yeas & Nays were called for & taken as fol- lows: Yeas, none-Nays, Brigham, Keyes, Wright, Bliss, Dennison, Cameron, Crafts, Loomis, Butler & Smith-so the prayer of said petition was not Granted.
Pet. of Royall Freeman was read, stating that he is a convict in State's prison & praying for pardon, which was taken into consideration & on the question Shall the prayer of said petition be granted ? the Yeas & Nays were called for & taken as follows, Viz. Yeas, Brigham, Keyes, Wright, Bliss, Hunter, Dennison, Crafts, Loomis, Butler & Smith-Nays, Cameron-so the prayer of said Petition was granted, and it was Resolved that a pardon issue in due form of law.
The petition of Francis Ledyard was read, stating that he was a con- vict in State's prison & praying for pardon, & on the question Shall the praver of said petition be granted ? the Yeas & Nays were called for & taken as follows, Viz. Yeas, Brigham, Keyes, Bliss, Hunter, Dennison, Crafts, Loomis, Butler & Smith-Nays, none-so the prayer of said pe- tition was granted, & it was Resolved that a pardon issue according to law.
[Adjourned until 9 o'clock to-morrow morning. ]
TUESDAY October 22d, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
Recd from the house a resolution appointing Tuesday morning at 10 O'clock A. M. a time for both houses to meet in joint Comee for the pur- pose of electing a Brigadier Gen1 for 3d brigade & 4th division, which was read & it was Resolved to concur with the house in said resolution with the following amendment, Viz. erase " Tuesday " & insert Wednesday. Mr Crafts was appointed to assign the reasons.
The Secretary of Council was directed to present the following com- munication to the Speaker of the House, from His Excellency the Gov .:
To the Hon. Dudley Chase Esquire, Speaker of the house of Representa- tives: Sir, I would inform the house that the Hon. Gilbert Dennison, who has been recently elected Judge of Probate within & for the Dis- trict of Marlboro', has declined the acceptance of said of office.
The Gen1 Assembly will therefore take expedient measures to fill the JONAS GALUSHA. vacancy thus occasioned.
Hon. D. Chase Esqr. Speaker &c.
Recd from the house the following engrossed bills Viz. one, "an act establishing the division of lands in M' Tabor as made by the proprie-
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tors of said town," " an act directing the treasurer to pay Joseph Morrill 2d the sum therein mentioned," "an act laying a tax on Lemmington," "an act granting the exclusive right of keeping a ferry to Thos. & Elias Porter," "An act to suspend all civil process against Simon B. Bissell," which were severally read & it was Resolved to concur with the house in passing sd bills.
Recd from the house the bill entitled "an act directing the State's Atty for Chittenden County to deliver up a certain note therein men- tioned," with an order of the house to refer the same to the joint Comee of Claims, which was read & it was Resolved to concur with the house in their said reference.
Recd the pet. of John Cheny & Nancy Cheny with an order of the house to refer the same to the joint Comee on the pet. of Samuel Hitch- cock, which was read & Resolved to concur with the house in their said reference.
Reed the report of the Visitors of the State's prison with an order of the house to refer the same to the joint Comee on the resolution relating to the State's prison, which was 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 .- The Council met pursuant to adjournment.
Reed from the house the engrossed bill entitled "an act authorizing the proprietors of Shoreham to ratify their proceedings," which was read & it was Resolved to concur with the house in passing said bill into a law.
Recd from the house the engrossed bill entitled "an act in addition to an act establishing a Company of Artillery in the 2ª Regiment 1st brigade & 2ª division of the militia of this State, which was read & it was thereupon Resolved to concur with the house in passing said bill into a law, with the following proposal of amendment added to the end: "Provided that said Company shall not at any one time exceed the number of 40 including officers & musicians." Mr Wright was ap- pointed to assign the reasons to the house.
Reed the following engrossed bills sent up for concurrence or proposals of amendment, Viz. one entitled "an act annexing a part of Vershire to Corinth," "an act altering the times of holding the County Court in Addison County," "an act in addition to an act entitled an act directing leather sealers in their office & duty & regulating the sale of leather, boots & shoes & the manufacture of Iron & nails," "An act relating to the levying executions & to poor debtors," which were severally read & it was Resolved to concur with the house in passing the same into laws.
The pet. of Amos Hartwell was read, stating that he was a convict in State's prison & praying for a pardon, and on the question Shall the prayer of said petition be granted, the Yeas & Nays were called for & taken as follows, viz. Yeas, None-Nays, Brigham, Keyes, Wright, Bliss, Dennison, Cameron, Crafts, Loomis, Butler & Smith-so the prayer of said petition was not granted.
Adjourned to 9 O'C. tomorrow A. M.
WEDNESDAY October 23d, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
The Gov. & Council met the house in joint Comee for the purpose of electing a Brigadier General for the 3d brigade & 4th division, for elect- . ing a Chaplain to preach the next election sermon & to complete the
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County nominations, & after making progress the joint Comee adjourned to tuesday morning next at the opening of the house. 1
Mr Crafts was on motion excused from the Committee on the commu- nication from the University of Vermont, & the Lt. Governor was ap- pointed in his room.
Recd the bill entitled "an act in addition to & alteration of an act incorporating certain persons therein mentioned by the name of the Montpelier Cotton & Woolen Manufacturing Company," with an order of the house to refer the same to the joint Comee of Manufactures, which was read & it was Resolved to concur with the house in their said refer- ence.
Recd the bill entitled an act laying a tax of one cent pr acre on the town of Parkerstown with an order of the house to refer the same to the joint Comee of the 2d land tax, which was read & it was Resolved to con- cur with the house in their said reference.
Recd the account of Amasa Stowell with an order of the house to refer the same to the joint Comee of Claims-concurred to refer the same.
Recd the Report of the President & Fellows of Middlebury College with an order of the house to refer the same to the joint Comee on the Communication of the University of Vermont, which was read & Re- solved to concur with the house in their said reference.
Reed the bill entitled an act empowering the select men of Richford to lay out all of the public lands, with an order of the house to refer the same to the joint Comee on the pet. of Selectmen of Shelburne, which was read & Resolved to concur in said reference.
Recd the engrossed bill entitled "an act incorporating certain persons therein named by the name of Swanton falls bridge Company," which was read & it was Resolved to concur with the house in passing said bill into a law.
Adjd to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Recd from the house the following engrossed bills sent up for concur- rence or proposals of amendment, Viz. one "an act to remedy a mistake in the act granting a tax of 4 cents pr acre on the town of Brownington," "an act to revive & Continue an act entitled an act laying a tax of three cents pr acre on the town of Huntsburgh passed October 29th, 1807." "An act to authorize the administratrix of Branchcomb Perigo to deed certain lands therein mentioned," "An act incorporating certain persons therein mentioned by the name of Paran Creek Manufacturing Com- pany," which were severally read & it was resolved to concur with the house in passing the same into laws.
Reed from the house the engrossed bill entitled "an act in addition to an act entitled an act reducing into one the several acts for laying out, making & repairing highways," which was read & it was Resolved to nonconcur with the house in passing the same, & thereupon the reasons were drawn up & assigned, which, with said bill, were returned to the house.
Recd from the house the bill entitled "an act regulating the fees of Collectors of land taxes & directing them in their office & duty," which was read & it was Resolved to concur with the house in passing the same by [with an] amendment in striking out the whole of the 2nd Section & Mr Keyes was appointed to assign the reasons to the house.
Adjourned to 9 O'C. A. M. tomorrow.
1 John Mattocks was elected Brigadier General ; Rev. Isaac Beall to preach the next election sermon, and Rev. Jonathan Going alternate.
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Governor and Council-October 1811.
THURSDAY October 24th, 1811, 9 O. C. A. M.
Council met pursuant to adjournment.
On motion Mr Smith was appointed on the joint Comee of Claims so far as to take into consideration the pet. of Josiah Wright.
Recd his Excellency's communication respecting Clark Stevens de- elining the appointment of Judge of Jefferson County Court with an order of the house to refer the same to the members of Jefferson County to join, which were read & Resolved to concur with ;the house in their said reference & Mr Butler was appointed to join said Comee.
Recd from the house the Pet. of Ralph Parker, The account of John Johnson, The bill entitled "an act directing the treasurer to pay Sher- man Dewey & Elihu Luce the sum therein mentioned," The account of Elijah Taylor, with orders of the house to refer the same to the joint Comee of Claims, which were read & Resolved to concur with the house in their said reference.
Recd from the House the bill entitled "an act in addition to an act relating to licenses," with an order of the house to refer the same to a Comee of 3 to join, which was read & it was Resolved to concur with the house in their said reference, & Mr Denison was duly appointed.
Recd from the house the bill entitled an act to revive a tax on Morgan with an order of the house to refer the same to the 3ª joint land tax Comee: concurred.
The resolutions of the house was recd adopting the proposals of amend- ment to the Constitution of the United States made by the Congress of. the United States at their last session & communicated to the General Assembly this present session, which were read & Resolvd to concur with the house in the same. 4
Recd from the house the following engrossed bills : one "an act laying a tax of two cents pr acre on the town of Troy," An act laying a tax of two cents pr acre on the town of Glover," which were read & it was Resolved to concur with the house in passing the same into laws.
Recd from the house the engrossed bill entitled "an act directing the measurement of Charcoal, lime & ashes," which was read & it was Re- solved to nonconcur with the house in passing the same & the reasons were reduced to writing & sent with said bill to the house.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Reed the engrossed bill entitled "an act authorizing the town Clerk of Cavendish to transcribe land records of said town," which was read & it was Resolved to concur with the house in passing said bill into a law.
Reed the report of the military Commee with a resolution accompany- ing the same, which was read & it was Resolved to conenr with the house in passing the same.
Recd from the house the engrossed bill entitled "an act authorizing the Comee appointed to superintend the expenditure of a land tax in Newark to make alterations in a certain road in said town, which was read & it was Resolved to concur with the house in passing the same into a law.
Mr Seymour was excused from sitting on the Comee on the pets. of Wells & Poultney & Mr Keyes was appointed in his room.
Adjourned to 9 O'C. A. M. tomorrow.
1 See Appendix B.
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FRIDAY October 25th, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
Recd the following engrossed bills sent from the house for concur- ' rance & proposals of amendment, Viz. one entitled "an act extending the time for compleating the Sand-bar Turnpike," "an act discharging Dexter Ward from the payment of a certain note &c." "An act laying a tax of 3 cents pr acre on the town of Wenlock," "an act confirming the allotment & survey of the public lands in Shelburn," which were sever- ally read & it was Resolved to concur with the house in passing the same into laws.
Recd the bill entitled an act respecting the County of Jefferson, being the addition to an act of the above description, with an order of the house to refer the same to the joint Comee on the bill to organize the County of Jefferson, which was read & Resolved to concur with the house in their said reference.
Reed the bill entitled "an act relating to the State Bank," with an order of the house to refer the same to the joint Comee appointed to take into consideration the situation of the State Bank, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house a resolution appointing tuesday morning next at the opening of the house a time for both houses to meet in joint Comee to elect a Judge of probate for the district of Caledonia, which was read & it was Resolved to concur with the house in their said Resolution.
Recd from the house a resolution respecting dividing the State into [congressional] districts with an order of the house to refer the same to a Comee of 4 to join, which was read & it was Resolved to concur in passing said resolution & Mr Crafts was appointed.
Reed the petitions for land taxes on Goshen, Ripton, & Avery's Gore, with orders of the house to refer the same to the 3d land tax Committee. which were read & it was Resolved to concur with the house in their said reference.
The bill entitled an act extending further privileges to the Northern Turnpike Company with an order of the house to refer the same to the joint turnpike Comee; read & concurred.
Recd the engrossed bill entitled an act for the relief of Noah Smith, [which ] was read & it was Resolved to concur with the h use in passing the same witli the following amendment, Viz. "Provided also, that "neither the said Noah Smith, nor either of his bail, shall take any ben- "efit of this act unless the Judgment debt on which the said Noah is now "imprisoned in favor of the Vermont State Bank be first secured to the "President & Directors of said Bank, or unless Seth Storrs Esqr. now "imprisoned in Addison County Jail as codefendant with the said Noah "Smith in said Judgment, shall release to said President & Directors all "legal advantages which may result to him by the reason of the opera- "tion of this act. Provided also that nothing contained in this act shall "operate as a discharge of the said bonds so far as it relates to any "escape of the said Noah Sinith committed before the passing of this "act." Mr Wright was appointed to assign the reason to the house.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- The Council met pursuant to adjournment.
The Secretary was directed to present the following communication to the Speaker of the Gen. Assembly:
To the Hon. Dudley Chase Esquire, Speaker of the House of Representa- tives: Sir, I have recently received a communication from the Commis- sioners appointed by the Government of the State of New York for the purpose of taking into consideration all matters relating to the inland
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navigation of said State, which I transmit with an act of the legislature of said State on the same subject, for the information of the General As- sembly. They will please to take the subject into consideration & adopt those measures that shall be deemed expedient on so important a sub- ject.
I have reed a communication from the Secretary of State of New York on the subject of the exchange of the laws of the two States. The Gen- eral Assembly will adopt those measures which will be considered proper. The laws mentioned in said communication have come to my hands. JONAS GALUSHA.
Hon. D. Chase Esqr. &c. &c.
Recd from the house the following engrossed bills sent from the house for concurrance or proposals of amendment, Viz. "an act discharging Ebenezer Clark from the payment of a note therein mentioned," "an act assessing a tax of one cent on the dollar on the list for the Year 1811 " [State tax,] " an act laying a tax of 3 cents pr acre on the town of Hardwick," " An act granting a ferry to Isaac Whitney," " An act incor- porating certain persons therein named by the name of the Bristol Aqueduct Company," " An act laying a tax of 4 cents pr acre on the town of Victory," " An act directing the discharge of Abiather Angel from a certain bond of recognizance," which were severally read & it was Resolved to concur with the house in passing the same into laws.
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