USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 45
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Adjourned to 9 O'C. A. M. tomorrow.
SATURDAY October 26th, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
Reed the Communication of His Excellency with an order of the house to refer the same to the Comee of 4 to join a Committee of Council, which was read & it was Resolved to concur with the house in their said reference, & Messrs Brigham & Butler was appd to join.1
Recd the pet. of Nathan' Bosworth Cr. with an order of the house to refer the same to the joint Comee on the pet. of John C. Waller, which was read & it was Resolved to concur with the house in their said ref- erence.
Reed from the house the pet. of Northrup Rockwell, which had been committed to the joint Committee of Suspension, who made a report which had been rejected & said pet. was by order of the house referred to the said Comee the 2d time, which was again read & it was Resolved to concur with the house in their recommitmeut.
1 This refers to the communication just before given, transmitting a letter to Gov. Galusha from Gouverneur Morris, De Witt Clinton, Simeon De Witt, W. North, Thomas Eddy, Rob't R. Livingston, and Robert Fulton, commissioners of the State of New York to promote the con- struction of a water communication from the great lakes to the Atlantic ocean ; and an act of the Legislature of New York "to provide for the internal navigation of the State," passed April 8 1811. For these docu- ments see printed Assembly Journal of 1811, pp. 122-124. In response, the Legislature of Vermont, on the 30th of October, adopted a resolu- tion recognizing the great importance of the subject and postponing its consideration to the next session for want of more definite information, which was solicited .- See Assembly Journal above cited, p. 165.
335
Governor and Council-October 1811.
Recd from the house the bill entitled "an act for the relief of Moses Sage," witli an order of the house to refer the same to the joint Comee of Suspension, which was read & Resolved to concur with the house in said reference.
Reed from the house the bill entitled "an act laying a tax of three cents pr acre on the town of Sherburn," with an order of the house to refer the same to the 1st land tax Committee, read & concurred to join.
Recd from the house the bill entitled "an act appointing a Comee to lay out a public market road from Connecticut river" &c. with an order of the house to refer the same to the joint Committee on the pet. for a market road from Rutland to Whitehall, which was read & it was Re- solved to concur with the house in their said reference.
Mr Loomis was Excused from the Comee on the last mentioned bill & Mr Keyes was appointed in his room.
Recd from the house the bill entitled " an act in alteration of an act &c. incorporating certain Turnpike Companies in the Western Counties in this State, passed Nov. 7th, 1805" &c. 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.
Recd from the house the bill entitled "an act to revive an act for a land tax in the town of Plainfield," with an order of the house to refer the same to the 3d 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 following engrossed bills sent up for the con- currance of Council or their proposals of amendment: one "an act to enlarge the powers of a Comee appointed to lay out a Stage road from Middlebury to Pittsford," "An act incorporating an aquaduct Company in Brattleboro," " An act laying a tax of 2 cents pr acre on Parker's Gore," "An act laying a tax of 2 cents pr acre on Fletcher," " an act ap- pointing a Collector of a land tax on the township of Elmore," "An act laying a tax of 4 cents pr acre on Holland." " an act appoints a Comee to lay out a Market road from Danville to St. Albans." "An act laying a tax of 3 cents pr acre on Kelly Vale," which were severally read & it was Resolved to concur with the house in passing the same into laws.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
The pet. of Sam1 I. Mott was read, stating that he was a convict of 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-Yeas, None-Nays, Brigham, Keyes, Wright, Bliss, Dennison, Cameron, Crafts, Seymour, Loomis & Smith-so the prayer of said pet. was not granted.
Reed from the house the following engrossed bills sent up for concur- rance & revision or proposals of amendment, Viz. "An act to revive an act laying a tax on the town of Morgan," "An act laying a tax of 4 Cents pr acre on the town of Calais," "An act granting a Ferry to Abraham Conklin," "An act repealing an act annexing the Sth School district of New Haven to the Northwest School district of Middlebury," "An act discharging the person of Abishai Goodell from arrest or im- prisonment for the term of 7 years," "An act granting liberty to Panl Brigham to sell lands," "An act for the relief of Arunah W. Hyde," "An act directing the Treasurer to pay Elihu Luce &c. the sum therein mentioned," "An act directing the treasurer to credit Jacob Whitman the sum therein mentioned," which were severally read & it was Resolved to concur with the house in their said bills & that the same pass & be- come laws.
336
Governor and Council-October 1811.
Recd from the house the bill entitled "an act incorporating persons therein named by the name of the Windsor fire Society," with an order of the house to refer the same to a Comee of 4 to join a Commee of Coun- cil, which was read & it was Resolved to concur with the house in their said reference. Mr Seymour was duly appointed.
Recd from the house the engrossed bills following, to wit, one "an act assessing a tax of 3 cents pr acre on Landgrove," the other entitled "an act laying a tax of 3 cents pr acre on the town of Brunswick," which were read & it was Resolved to concur with the house in passing the same into laws.
Adjourned to 9 O'C. A. M. Monday morning.
MONDAY October 28th, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
Personally appeared in Council Benjamin Swan Esquire Treasurer elect & presented a bond in the penal sum of one hundred Thousand dollars, signed by himself as principal & Elias Keyes & Jacob Smith as sureties, conditioned that the said Benjamin Swan should well & truely execute the office of Treasurer of the State of Vermont for the year ensuing, which was read & it was Resolved to accept the same, whereupon the said Benjamin was duly qualifyed by receiving the necessary oaths of office as Treasurer as aforesd.
Recd from the house the pet. of the trustees of Middlebury College with an order of the house to refer the same to the joint Comee on the report of the trustees of Middlebury College, which was read & it was Resolved to concur with the house in their said reference.
Recd from the house the bill entitled "an act appropriating a field piece to Jefferson A tillery Company," with an order of the house to refer 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 bill entitled " an act to repeal a certain part an act entitled an act establishing a corporation by the name of the Randolph Turnpike Coy," with an order of the house to refer the same to the joint Turnpike Comee, which was read & it was Resolved to con- cur with the house in their said reference.
Recd from the house. the following engrossed bills sent up for concur- rance, revision or. proposals of amendment, Viz. "An act directing the treasurer to pay Amasa Stowell the sum therein mentioned," "An act freeing the body of Jonathan Ware from arrest & imprisonment for three Years," "An act granting John Rogers Jr. an exclusive privilege of keeping a ferry for the term therein mentioned," "an act granting Abel Baily & Alfred Nickols the exclusive right of keeping a ferry for the term therein mentioned," " An act freeing & releasing the body 4 of Jedediah Hutchins from arrest & imprisonment for the term of years," " an act in addition to an act directing when tenders may be made & when suits at law may be brought in certain Cases," "An act laying a tax of Six cents on each acre of in the town of Woodbury," "An act authorizing the Selectmen of Richford to survey the lands be- longing to the public rights in said town," " An act laying a tax of 4 cents pr acre on the town of Canaan," "An act freeing the body of Mo- ses Pier from arrest," " An act in alteration of & addition to an act in- corporating certain persons therein mentioned by the name of the [Montpelier] Cotton & Woolen Manufacturing Company," "An act sus- pending the collecting of the State's prison tax against the town of Hol- land," "An act laying a tax on the County of Windham," " Au act sus-
337
Governor and Council- October 1811.
pending the collecting of the State's prison tax against Wm. D. Weeks," "An act for the relief of Thos. Miller," which were severally read & it was Resolved to concur with the house in passing the same into laws.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Recd from from the house a resolution appointing a Comee to take into consideration the report of the bank Comee, which was read & it was Re- solved to concur with the house in passing the same & Messrs Wright & Butler were appointed.
Reed from the house the bill entitled " an act in addition to the sev- eral acts relating to the Vermont State Bank, with an order of the house to refer the same to the above mentioned Comee, which was read & it was Resolved to concur with the house in their said reference.
Reed from the house the report of the Comee on the pets. of Poultney, Wells & Middletown, 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 Cameron was appointed.
Recd from the house the account of Daniel Pride &c. [and] "an act di- recting the Treasurer to pay Sewell Cutting the sum therein mentioned," with an order of the house on each to refer the same to the joint Comee of Claims; concurred.
Recd from the house the bill entitled an act authorizing the town of Barnard to make contracts &c. 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.
Recd the engrossed bill entitled an act granting relief to Joshua Chamberlin, which was read & passed.
Adjourned to 9 O'C. A. M. tomorrow.
TUESDAY October 29th, 1811, 9 O'C. A. M.
Council met pursuant to adjournment.
His Honor the Lt Governor & Council proceeded to the Representa- tives' room to complete the County nominations, which being done they returned to their Chamber.
Recd from the house the account of Alexander Hutchinson 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 their said reference.
Recd from the House the following engrossed bills, Viz. "an act to re- vive an act for a land tax on the town of Plainfield," "An act directing the treasurer to credit the first constable of Underhill the Sum therein mentioned," "An act laying a tax of 2 cents pr acre on the town of Sherburn," "An act extending further privileges to the Northern Turn- pike Company," "An act repealing an act entitled an act dividing the state into districts for electing representatives to the Congress of the United States," "An act incorporating certain persons therein named by the name of Barre Allum Company," which were read & it was Re- solved to concur with the house in passing the same into laws.
Recd from the house the bill entitled "an act directing the President & Directors of the Vermont State Bank at the Middlebury Branch to stay proceedings against Parley Davis & others for one year," with an order of the house referring the same to a Comee to join. Mr Crafts was duly appointed.
Recd from the house the bill entitled "an act appointing a Committee to lay out a road from Canaan to Holland," with an order of the house
22
338
Governor and Council-October 1811.
to refer the same to a Comee to join, which was read & it was Resolved to concur with the house in their said reference & Mr Loomis was ap- pointed to join.
Reed the bill entitled "an act to extend the betterment law," with an order of the house to refer the same to a Comee of 3 to join. Concurred & Mr Seymour was duly appointed.
Reed from the house the bill entitled "an act laying a tax on Duncans- boro," which was read & it was Resolved to concur with the house in their said bill & that the same become a law with the following amend- ment, Viz. In line 10th after the words "old roads" add "except 50 dollars which shall be laid out on the road leading from Troy to Irasburgh."
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Reed from the house the engrossed bill entitled "an act laying a tax of 2 Cents pr acre on the town of Bridgewater," which was read & it was Resolved to coneur with the house in passing this bill into a law.
Reed the engrossed bills as follows, sent up for concurrance &c. "An act incorporating certain persons therein mentioned by the name of the Farmers Cotton & Woolen Manufactory," "An act for the relief of Joshua Beckwith," "An act to prevent public injuries arising from the circulating of foreign bank bills," "An act directing the treasurer to pay Josian Wright the sum therein mentioned," "An act incorporating cer- tain persons therein named by the name of the Windsor fire society," which were severally read & it was Resolved to concur with the house in passing the same into laws.
The Gov. & Council proceeded to receive, sort & Count the votes for a Surveyor for public buildings for the Year ensuing, which being done it appeared that Mr Sylvanus Baldwin of Montpelier was duly elected.
Resolved. that the Council advise his Excellency the Governor to ap- point the 3d Wednesday of April next & that he is hereby advised to appoint said day to be observed as a day of public fasting & prayer throughout this State, and that he issue his proclamation accordingly.
Recd from the house the bill entitled "an act to authorize the County Court of Essex County to re-examine certain accts of the Comee ap- pointed to lay out a road from Guildhall" &c. with an order of the house to reter the same to the joint Comee of New trials, which was read & it was Resolved to concur with the house in their said reference.
On leave Mr Keyes introduced the bill entitled "an act in addition to an act relating to petitions to the Gen. Assembly;" ordered to lie on the table.
Adjourned to 9 O'C. [A. M. ] tomorrow.
WEDNESDAY October 30th, 9 ('C. A. M.
Council met pursuant to adjournment.
Reed from the house a resolution appointing this day at the opening of the house in the afternoon a time for both houses to meet in joint Comee for the purpose of making further County appointments. to elect Directors for the State Bank, & Visitors of State prison; read & con- curred. Also reed another resolution appointing the above mentioned time to meet as aforesd to elect 2 members of the Vermont University Corporation. Concurred.
Reed from the house the following engrossed bills sent up for revision & concurrance or proposals of amendment, Viz. "An act for the relief of Jonathan Bosworth Jr., ""An act directing the treasurer to pay Luther Martin the sum therein mentioned," "An act in addition to an act en-
$39
Governor and Council-October 1811.
titled an act organizing the County of Jefferson," "An act appointing a Comee to lay out & survey a market road from Connecticut river to the east line of Chelsea," "An act in addition to an act ascertaining the principles on which the list of this State shall be made up & directing Listers in their office & duty," "An act in addition to an act establishing the State Bank," "An act in addition to an act establishing a corpora- tion by the name of the Randolph Turnpike Company," "An act in addi- tion to an act incorporating certain persons by the name of the Monkton Argil Company," "An act supplementary to an act granting a Turn- pike by the name of Missisqui Turnpike Company," which were sever- ally read & it was Resolved to concur with the house in passing the same into laws.
Recd from the house a resolution respecting an exchange of the laws of this State for those of other States, which was read & passed.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Gov. Brigham introduced the bill entitled "an act in favor of the land owners of that part of Jay granted to Thos. Chittenden Esgr. to divide their lands into Severalty," which was passed & ordered to be sent to the General Assembly for Concurrance.
Recd from the house the engrossed bill entitled "an act granting to Jas. Wheat & Ethan Bradley the exclusive privilege of Manufacturing Prussian Blue & Patent Yellow," which was read & it was Resolved to concur with the house in passing the same into a law with the following amendment, Viz. "Provided nothing contained in this act shall be con- strued to affect or injure or impair any former Grant made by this legisla- ture;" Mr Loomis appointed to assign the reasons.
Recd from the house the following engrossed bills sent up for concur- rance, revision or proposals of amendment, Viz. "An act laying a tax of 2 Cents pr acre on Walden;" Concurd. "An act for the relief of Joseph H. Ellis;" Concurred with proposals of amendment as follows, Viz. in 3d line from the bottom of Sec. 1st after the word "Execution" add "including officers' fees for commitment with interest on the whole from the date of said note." Mr Seymour assigned the reasons.
Reed also the following acts as aforesd, Viz. "An act laying a tax on Bolton," "An act reviving an act entitled an act incorporating certain persons therein named [by the name of the Vermont Glass Co ] &c." "An act granting relief to Nancy Gallupp," "An act in addition to an act appointing a Committee to lay out & survey a road leading from White River to the Turnpike &c." "An act incorporating certain persons therein named by the name of the Rutland fire society," "An act estab- lishing a corporation by the name of the Orange & Corinth Turnpike Company," "An act in alteration of an act defining the powers of justices of the peace within this State," "An act authorizing Essex County Court to reexamine certain accounts of a Comec," "An act ap- pointing a Comce to lay out a road from Canaan to Holland," "An act making Vermont bank bills a tender in payment of all taxes," "An act directing the Treasurer of this State to pay Joel Tinker the sum therein mentioned," "An act establishing an Artillery Company in the 1st Reg. 1st Brig. & 3d division of the Militia of this State," "An act authorizing Visitors of the State's prison to procure a bell & for other purposes," "An act for the relief of Moses Sage," "An act extending the better- ment law," "An act appropriating the State tax in Poultney, Middle- .town, Ira & Wells," &c., "An act to alter & amend an act incorporating certain Turnpike Companies &c.," "An act providing for the manage- ment & government of the State's prison & repealing all acts & parts of acts &c." which were read & passed into laws.
340
Governor and Council-October 1811.
A resolution appointing tomorrow morning a time to adjourn the Leg- islature was read & it was passed.
Adjd to 8 O'C. A. M. tomorrow.
THURSDAY October 31st, 8 O'C. A. M.
Council met pursuant to adjournment.
Reed the engrossed bill entitled " an act authorizing the town of Bar- nard to lay out a part of their highway tax on the Center Turnpike leading through said town," which was read & it was Resolved to concur with the house in their said bill & that the same pass & become a law, with certain proposals of amendment.
[Received] an act entitled "an act for the relief of Parly Davis," "An act providing for the management & government of the State's prison & repealing all acts &c.," "An act making appropriations for the present year," "An act directing the secretary of State to publish certain acts &c." which were severally read & it was Resolved to concur with the house in passing the same into laws.
Reed the report of the Comee on the New York resolutions for im- proving the inland navigation of said State, with a resolution referring the same to the next session of the Legislature, which was read & con- curred.
Gov. Brigham introduced the following resolution: Resolved, the General Assembly concurring herein, that all business which remains unfinished at the rising of this legislature shall be referred to the next session thereof; [which was adopted.]
The following debenture of the Lt. Governor [and Council] was made out & accepted :
Names.
Mileage. -
Amount
Mileage.
Attendance.
Amount
of
Attendance.
Amount
Debenture.
Lt. Gov. Brigham.
50
6
22
88
94
Hon. N. Chittenden.
30
3|60
10
15
18 60
B. Loomis.
42
5 04
22
33
38|04
S. C. Crafts.
42
5
04
22
33
38 04
G. Denison.
120
14 40
22
33
47 40
F. Bliss.
55
6 60
22
33
39 60
Wm. Hunter.
60
7/20
22
33
40 20
H. Seymour.
58
6 96
16
24
30 96
E. Butler.
11
1 32
22
33
34|44
J. Cameron.
35
4 20
17
25 50
29 70
J. Wright.
130
15 60
22
33
48 60
P. Smith.
72
8|64
22
33
41 64
E. Keyes ..
42
5 04
22
33
38 04
R. C. Mallary Secy
85
10/20
22
55
65 20
I. P. Dana Sheriff.
30
3 60
22
33
36 60
Total amt.
863
$103|56
30.9
540
50
641 06
The Gov. & Council proceeded to the Representatives' room and after an address to the throne of grace by the Revd Chaplain of the House the General Assembly Adjourned without day.
The foregoing from page 268 to page 3261 inclusive, is a true journal of the proceedings of Council at their October session in the Year of our Lord Eighteen hundred & Eleven. R. C. MALLARY Secretary.
1 Pages of the manuscript Journal.
of
of
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION, AT MONTPELIER, JULY 23- 25, 1812.
STATE OF VERMONT SS. A Journal of the proceed- ings of the Governor & Council of the State of Vermont at their Special Session begun & holden at Montpelier in said State, on Thursday the twenty third of July A. D. Eighteen hundred & twelve, Present His Excellency Jonas Galusha Esqr. Governor; His Honor Paul Brigham Esqr. Lt. Governor; The Hon. Elias Keyes, Josiah Wright, Beriah Loomis, Noah Chittenden, William Hunter, Pliny Smith, Horatio Sey- mour, Frederick Bliss, John Cameron, & Samuel C. Crafts Esquires
Councillors. Rollin C. Mallary Secretary; John Peck Esquire Sheriff. The business of the Session was opened by an address to the throne of Grace by the Reverend Chester Wright.
His Excellency the Governor then Stated the reasons which induced the present meeting of the Council.
On motion of Governor Brigham it was Resolved that a Committee of three members be appointed to draft a memorial to the Secretary of War respecting a supply of arms for the militia of this State. Messs Brigham, Seymour & Crafts were appointed.
The Pet. of Addison Stewart, stating that he is a convict in State's Prison & praying for pardon, was read & it was Resolved to dismiss the same without consideration, it not being considered expedient at this time to attend to any private business.
Adja to S O'Clock A. M. tomorrow.
-
FRIDAY July 24th, 1812, S O'C. A. M.
Council met pursuant to adjournment.
The Comee, appd yesterday to draft a memorial to the Secretary of the War department respecting arms for the militia, made report which was read & on motion it was recommitted to the aforesd Comee.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
The following preamble & resolution was reported by the Committee appointed to draft a memorial &c.
"STATE OF VERMONT SS. IN COUNCIL July 24th, 1812.
The Council of said State of Vermont, taking into consideration the existing war between the United States & Great Britain & considering that the State of Vermont is a frontier State bordering on the British province of Lower Canada, having a frontier of about Ninety miles, exposed to the inroads & depredations of the Enemy, are deeply im- pressed with the exposed & defenceless situation of our new Settlements on & near Canada line. The great exertion making in the province of Canada to organize an efficient military force has called the attention of
342
Governor and Council-July 1812.
the Council to the Situation of our own State & induced a critical exam- ination of our means of defence. We find that the orders for the detachment of Militia required of this State by the general Government have been promptly obeyed; we however find that the militia of this State, especially the northern & more exposed part of it, is extremely deficient in arms. That to arm the militia, in addition to the arms we now have, ten thousand Stands would be needed. In the northern Counties, we find it almost, if not wholly, impracticable for even the small number of Troops detached for the United States service to fur- nish themselves with arms. This State has none, & arms in any quan- tity are no where to be purchased. With these views of our situation, the Council deem it highly necessary that the destitute situation of this frontier be immediately made known to the executive of the General Government. And the Council cannot entertain a doubt but on a just representation being made of our Situation, this frontier will be supplied with arms by the General Government, either by making a deposit of a portion of the United States' arms within this State, to be used on emergencies, or by some other means as shall by them be deemed ad- viseable. It will be worthy of the consideration of the General Govern- ment, that the detached troops would, if supplied with the arms this State affords, be put to great inconvenience from having arms of every description & calibre requiring balls & cartridges of various sizes, & that these arms, tho' improper for troops who are furnished by the Gen- eral Government with cartridges of a uniform size, would still be Useful for the defence of the Country in the hands of the inhabitants, who are in exposed situations & who would furnish themselves with ammuni- tion suited to their pieces. It will further be considered that this State will probably have its full share of the burthen of the war by its being from its frontier situation exposed to constant alarms & possibly to the necessity of calling out the whole body of the militia for its own defence as well as for the benefit of the common cause, & if furnished with arms by the General Government, still bear their proportion of the expences of prosecuting & supporting the cause of the Union. Therefore,
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