USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 46
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Resolved, that his Excellency the Governor be requested to make known, as soon as possible, to the Executive of the General Govern- ment, the situation of this State as it respects arms; and also to solicit the executive to adopt some measure to place within this State such a number of arms as will upon an emergency enable the General Govern- ment to avail itself of the whole physical force of this State."
Which was read & it was Resolved to adopt the same.
Gov. Brigham introduced the following resolutions, which were read & adopted, Viz.
Whereas His Excellency the Governor has informed this Council that he has received one thousand stands of arms for the use of the militia of this State, which have been furnished by the General Government pursuant to an act of Congress of April 23d, 1SOS, which requires that they should be distributed agreeable to the laws of the several States: And whereas there is no mode prescribed by any law of this State how said arms shall be distributed: And it appearing that there exists the greatest necessity that said arms should be placed in such Situations that in case of emergencies they can be used: Therefore,
Resolved that his Excellency the Governor be advised & he is hereby advised to place one hundred & fifty stands of said arms in the hands of Major General Cahoon, one hundred & fifty Stands of arms in the hands of Brigadier General Mattocks, one hundred Stands of said arms into the hands of Brigadier Gen' Fassett, [and] one hundred Stands of said arms into the hands of Brigadier Gen' Newell, with directions to use
343
Governor and Council-July 1812.
them in a manner that will afford the greatest protection to the frontier parts of this State, by delivering them only to such men as are actually engaged in the defence of this State & who are unable to arm them- selves, at the same time to have them in the best situation possible to be disposed of according to any future act of the legislature.
And whereas it appears that Col. Isaac Clark has furnished the de- tached militia under Col. Williams & now on the frontiers with one · hundred & fifty Stand of arms belonging to the United States on his own responsibility: Therefore
Resolved, that should those arms so furnished be called for & returned, His Excellency the Governor is hereby advised to supply said detached Militia with arms to make up said deficiency during their term of ser- vice out of the arms delivered to Generals Newell & Fassett & out of those remaining in the hands of the Commissary General, at the expira- tion of said term of service said arms so furnished to be disposed of as the legislature may direct.
Adja to 9 O'C. A. M. tomorrow.
SATURDAY July 25th, 1812, 9 O'C. A. M.
Council met pursuant to adjournment.
Mr Crafts introduced the following resolution, Viz. Resolved that His Excelly the Governor request Maj. Gen1 Dearborn to order two or three Companies of the detached militia of this State to be stationed on or near the line in the Counties of Orleans & Essex;1 which was read & passed; and the Council adjourned without day.
A true Journal, Attest R. C. MALLARY, Secretary.
The following is the Debenture of Council for the Special Session July, 1812:
Names.
Miles.
Amount
Travel.
Amount
Attendance.
Amount
of
Debenture.
Gov. Brigham
50
6|00
3
12|00
18|00
E. Keyes.
42
5 04
3
4 50
9 54
B. Loomis.
42
5 04
3
150
9 54
S. C. Crafts.
42
5
04
3
4.50
9 54
J. Cameron
34
4 08
3
4 50
8 58
F. Bliss.
55
6 60
3
4 50
11 10
J. Wright.
130
15 60
3
4.50
20 10
H. Seymour
58
6 96
3
4 50
11 46
E. Butler.
11
1.32
3
4.50
5.82
P. Smith ..
72
8 64
3
4 50
13|14
Wm. Hunter.
60
7
20
3
4 50
11 70
N. Chittenden,.
30
3.60
3
4 50
8 10
R. C. Mallary, Secy.
80
9 60
3
7
50
17|10
J. Peck Esqr. Sheriff
11
1 32
3
4
50
5 82
86 04
-
73
50
159 54
A Correct Debenture,
R. C. MALLARY Secy.
1 Immediately after the declaration of war, small companies of volun- teers were stationed at Troy, Derby, and Canaan, who were furnished with ammunition and supported by towns in Caledonia. Essex, and Or- leans Counties .- See Ass. Jour. of 1812, p. 185, and Laws of 1812, p. 176.
of
of
Days.
THIRTY-SIXTH COUNCIL.
OCTOBER 1812 TO OCTOBER 1813.
JONAS GALUSHA, Shaftsbury, Governor. PAUL BRIGHAM, Norwich, Lieut. Governor.
Councillors:
BERIAH LOOMIS, Thetford,
HORATIO SEYMOUR, Middlebury,
ELIAS KEYES, Stockbridge,
WILLIAM HUNTER, Windsor,
JOSIAH WRIGHT, Pownal,
PLINY SMITH, Orwell,
EZRA BUTLER, Waterbury,
FREDERICK BLISS, Georgia,
SAMUEL C. CRAFTS, Craftsbury,
WM. C. HARRINGTON, Burlington.
ROLLIN C. MALLARY, Castleton, Secretary. JOHN PECK, Waterbury, Sheriff.
BIOGRAPHICAL NOTICES.
WILLIAM CZAR BRADLEY, LL. D .. was born in Westminster March 23 1782, son of Stephen R. Bradley, graduated at Yale College in 1817, and admitted to the bar in 1802. He represented Weathersfield in the General Assembly in 1806, '7, '19. and 1852; was State's Attorney 1804 until 1812; Councillor in 1812; Member of Congress 1813 to March 1815, and 1823 to March 1827; and Presidential Elector in 1856. He was an agent of the U. S. under the treaty of Ghent. Rich in the wis- dom that comes from learning, reflection, and intercourse with the ablest men of the country, he had also a ready wit and a large fund of anecdotes, so that in public addresses or social converse he was charm- ing. For several years he was the candidate of the Democratie party in Vermont for Governor, but with many of his political associates he rebelled against the pro-slavery policy of the Democratie administra- tion in 1856, and voted for John C. Fremont, the Republican candidate for President. His last published speech was in 1852, on the death of Daniel Webster, of which the editor of this volume has the original, in Mr. Bradley's hand-writing, which for elegance would do honor to a professional writing-master. 1 still later paper, written to the editor when Mr. Bradley was in his 76th year, is equally beautiful. This letter was not intended for the public, but the most of it is well worth publi- cation. On the selection of Members of Congress he expressed an opin- ion which is equally applicable to other important offices-thus:
JOHN CAMERON, Ryegate,
WM. C. BRADLEY, Westminster,
345
Biographical Notices.
. A long experience has proved to me that when we have good agents at the seat of government nothing can be more pernicious than what is called "the party rule" to send them for two terms and then supplant them just at the time when they have well learnt how to perform their duties and acquired their reasonable share of influence. No person would act on that principle in his private business. We are presumed in the first instance to select the best men, and when called upon shortly after to make a new selection are reduced to the necessity of taking the second best and so in succession until we get down to bran.
On the Supreme Court of the United States he gave the interesting reminiscences following :
As to the wicked decision in the Dred Scott case: It was thor- oughly the opinion of Mr. Jefferson that the greatest danger to our institutions & liberties would come from the irresponsible Supreme Court, and it proves so, for the power of impeachment has now become a farce and the only remedy is to be found in what is called "the re- served rights of the States," which, after all, are but a weak and partial protection. The history of that Court is a singular one. It began pru- dently and well, but before the close of the last century began to be intoxicated with power to such a degree that I well remember that Judge Patterson, one of the best and mildest of them, used language on the bench in one of the political trials in Vermont under the sedition law which would at this day by all parties be deemed shameful. The trial of Judge Chase' put an end to this, and when afterwards Judge Story, who was very greedy of power and jurisdiction, came on the bench a young man and was pressing some high toned doctrine without success, he remarked to Judge Chase at their lodgings that he was much disappointed in finding the latter so moderate and yielding. "Judge Story," said Chase, taking his pipe out of his mouth, "if when having lived as long as I have you come to be impeached and escape by the skin of your teeth, you will be moderate enough." At any rate the effect was quite visible so long as Marshall lived. but when his successor came from Gen. Jackson's cabinet, (where, being under the control of a stronger and I think better inan than himself, I find no fault with him,) he brought the political temper on the bench again and we see the fruits of it.
Col. WILLIAM CHASE HARRINGTON came to Shelburne from Con- necticut shortly after the revolutionary war and first appeared officially as delegate from that town in the Constitutional Conventions of 1791 and 1793, and representative in the General Assembly 1789 until 1795, when he removed to Burlington and soon won high reputation as a lawyer. He represented Burlington in the General Assembly 1798, 1802, 1804, and 1806 ; and was State's Attorney for Chittenden County 1791 until 1796, and 1798 until 1812. He was Councillor 1812 and 1813, and died in the last term of his office as Councillor, July 15 1814, aged 58 years. - Deming's Catalogue; Vt. Hist. Magazine, Vol. I, articles " Shelburne" and " Burlington;" and Vt. Republican of July 25, 1814.
' Samuel Chase of Maryland, on the bench 1796 until 1811.
RECORD OF THE GOVERNOR AND COUNCIL AT THE
SESSION WITH THE GENERAL ASSEMBLY AT MONTPE- LIER, OCTOBER 1812.
STATE OF VERMONT SS. The following is 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 thurs- day of October, it being the eighth day of said month in the Year of our Lord Christ one thousand eight hundred & twelve & of the independence of the United States the thirty seventh. Present, His Excellency Jonas Galusha Esquire Governor; His Honor Paul Brigham Esquire Lieut. Governor; The Honorable Josiah Wright, William Hunter, John Cameron, Pliny Smith, Frederick Bliss, Ezra Butler, Samuel C. Crafts. Elias Keyes & Beriah Loomis Esquires Councillors. Rollin C. Mallary Secretary; John Peck Esqr. Sheriff of Jefferson County.
Mr Clapp of the House, appeared in Council & informed the Gov. & Council that the House of Representatives had organized & were ready to proceed to business. Ordered, that the Secretary inform the General Assembly that the Governor & Council have formed a quorum & are ready to receive any communication that the General Assembly may be pleased to make. The Secretary informed the house accordingly.
On motion of Governor Brigham it was Resolved that a Comee of five members of Council be appointed to join such Comee as the General Assembly may appoint for the purpose of receiving, sorting & counting the votes for Governor, Lt Governor, Councillors & Treasurer for the Year ensuing. Messrs Keyes, Crafts, Wright, Butler & Loomis were duly chosen & qualifyed.
Adjourned to 4 O'clock P. M.
4 O'CLOCK P. M .- Mr Hatch of the House appeared in Council & in- formed the Governor & Council that the house had convened & were ready to receive any communication that the Canvassing Committee has prepared to make. Ordered that the Secretary inform the house that the Governor & Council will immediately meet the General Assembly in the representatives' room to receive the report of the above men- tioned Committee. His Excellency the Governor & the Hon. Council proceeded to the Representatives' room to receive in joint Comee the report of the Canvassing Committee, which was read declaring that the following persons were duly elected to the several offices affixed to their names, Viz. His Excellency Jonas Galusha Esqr. Governor; IIis Honor Paul Brigham Esqr. Lt. Governor; Benjamin Swan Esgr. Treasurer; .The Hon. Horatio Seymour, Josiah Wright, Pliny Smith, Frederick Bliss, Ezra Butler, Samuel C. Crafts, John Cameron, Wm. Hunter, Be- riah Loomis, Elias Keyes, Wm. C. Harrington & Wm. C. Bradley Esgrs, Councillors for the year ensuing, which being finished the Governor & Council returned to their Chamber.
Adjd to 9 O'C. A. M. tomorrow.
1 The election sermon was preached by Elder Isaac Beal.
347
Governor and Council-October 1812.
FRIDAY October 9th 1812, 9 O'C. A. M.
The Governor & Council met pursuant to adjournment.
Present, His Honor Paul Brigham Esqr Lt. Governor. The Hon Horatio Seymour, Josiah Wright, Pliny Smith, Frederick Bliss, Ezra Butler, Sam1 C. Crafts, John Cameron, Wm Hunter, Beriah Loomis, Elias Keyes, Wm. C. Harrington, Wm. C. Bradley, Esqrs, Councillors. Rollin C. Mallary, Secretary; John Peck, Sheriff.
Received from the house a resolution appointing the opening of the House this afternoon for the purpose of electing a chaplain by joint Ballot of both houses, which was read & it was Resolved to concur with the house in their said resolution.
The petition of John Arnold, a convict of State's prison, praying for a pardon, was read & ordered to lie on the table for consideration.
Adjourned to 2 O'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
His Excellency the Governor directed the Secretary to inform the House that he would appear in the Representatives' room at 3 o'clock this day for the purpose of receiving the oaths of office & making his communication, which was accordingly done.
Petition of Benjamin Hinman, a convict & prisoner in the State's prison, praying for a pardon, was read & ordered to lie.
His Excellency the Governor & the Hon. Council proceeded to the Representatives' room & after receiving the oaths of office the Governor delivered the following Speech to both branches of the Legislature. 1
At this time the Gov. & Council & Gen' Assembly resolved themselves into a Committee for the purpose of electing by joint ballot a Chaplain pursuant to the concurrant resolution of both houses. The Ballots being duly taken, sorted & counted, it appeared that Elder [Isaac] Beall of Pawlett was duly elected. The Governor & Council returned to their Chamber & resumed the consideration of business.
The Petition of Nathan Stevens, a convict confined in the State's prison, praying for a pardon, was read & Ordered to lie on the table. Petition of Elijah Remington, a convict confined in the State's prison & praying for pardon, was read & ordered to lie on the table. Petition of Jotham Starns, a convict confined in State's prison, was read & ordered to lie on the table. The Petition of Samuel Green, stating that he is a convict confined in State's prison & praying for pardon, which was read & dismissed. The Petition of Joseph Bevins was read, stating that he is a convict in State's prison & praying to be pardoned, which was read & it was Ordered to be dismissed.
Adjourned to 9 O'C. A. M. tomorrow.
SATURDAY October 10th, 1812, 9 O'C. A. M.
The Council met pursuant to adjournment.
Resolved that His Excellency the Governor, or in his absence the Lt Governor, nominate all Committees to be raised by Council this Session.
Reed from the House a resolution appointing a Comee [of suspensions ] of four members of the house to join a Comee appd by Council; members of the house chosen were Messts. H. Olin, Luke Knowlton, T. Hammond & Bradford [Kinney, ] which was read & Resolved to concur with the house in their said resolution & Mr Seymour was appd to join said Comce from Council.
1 For the speech see Appendix A.
348
Governor and Council-October 1812.
Also recd a resolution app's a Committee of four members of the house to join such Committee as the Council may appoint to be denominated a Turnpike Comee; on the part of the house were appointed Messrs Clapp, Graves, Matthews & Walker-which was read & Resolved to concur with the house in their said resolution & Mr Bliss was appointed.
Recd from the honse a resolution appointing a Comee of four members to join such Comee as the Governor & Council might appoint to be called the Comee of Claims. Messrs. Luce, A. Lyon, J. H. Andrews & L. Fitch were appd, which was Read & it was Resolved to concur with the house in passing said resolution. Mr Wright was appointed on the part of Council.
Recd a resolution of the house raising three Committees of four mem- bers each to be denominated the Ist, 2d & 3ª land tax Comees, to join such Committees as the Gov. & Council may appoint-Messrs N. Chittenden, Noble, Spaulding & E. Bailey appointed [on the first Land Tax Com- mittee] on the part of the house, which was read & it was Resolved to concur with the house in passing the above resolution & Mr Cameron was appointed from Council.
Recd a resolution appointing a Comee of four members of the house to join a Comee of Council to be denominated the Committee of New Trials-Messrs J. Aiken, Smith, H. Allen of Milton & R. Enos of the house were appd, which being read it was Resolved to concur with the house in passing said resolution & Mr Bradley was appointed on the part of Council.
Recd also a resolution of the house appointing a Comee of four mem- bers of the house to join a Comee of the Council to be denominated a Military Comee -Messrs Cahoon, Whitney, Geer & L. Fitch were appd by the House, which was read & it was Resolved to concur with the house in sd resolution, & His Honor Lt Gov. Brigham was appd.
Also a resolution appointing a Committee of four to join a Committee of Council to be denominated a Committee of Manufactures-Messrs Barnum, U. C. Hatch, Wm. A. Palmer & Morton appd of the House; read & Concurred in Council & Mr Butler appd to join.
Recd from the house the petition of Jason Marsh with an order of the house to refer the same to a Comee to join, which was read & it was Re- solved to join said Committee, being the Committee of Suspensions.
Received also the Petitions of El. W. Keyes [and] E. Matthews pray- ing for acts of suspension with an order of the house on each referring the same to the joint Comee of Suspension, which were read & it was Resolved to concur with the house in passing these several orders to join said Committee.
Received from the house the petitions of Beulah Lyman & Abel Hub- bard with an order of the house on each referring the same to the joint Committee of Claims, which were severally read & it was Resolved to concur with the house in the above orders of reference.
Recd from the House the Petitions of Daniel Rogers & others, of Ste- phen Avery & others, of Elisha Brown & others, of Miner Butler, of S. P. Webster & others, with an order of the house on each to refer the same to the joint Comee of Manufactures, which were severally read & Resolved to concur with the House in their said references.
Reed the Petitions of the Jefferson Artillery Company & of David H. Sumner & others with an order of the house to refer the same to the joint Military Comee, which were severally read & it was Resolved to concur with the house in each of their said references.
Reed the petition of David Taylor for a new Trial with an order of the house to Refer the same to the joint Committee of New Trials, which
349
Governor and Council-October 1812.
was read & it was Resolved to concur with the house in their said refer- ence.
Recd from the House the petitions of the Inhabitants of Rockingham, of Passumpsick Turnpike Corporation. of Connecticut River turnpike corporation, with an order of the house on each to refer the same to the joint Turnpike Committee, which were severally read & it was there- upon Resolved to concur with the house in each of said references.
The Petition of New Huntington was received from the house with an order thereof on the same referring the same to the 1st Joint Land tax Committee, which was read & it was Resolved to concur with the house in their said reference.
Received from the house the petition of Inhabitants of Brookline with an order of the house to refer the same to a Committee of three · members of the House to join a Committee of Council, which was read & Resolved to concur with the house in said reference, & Mr Crafts was appointed.
The Petition of Asahel Goddard & others was received with an order of the house to refer the same to a Committee of three members of the house to join, which was read & it was thereupon Resolved to join said Committee of the house & Mr Hunter was appointed.
Received from the honse the petition of Bradford Barnes & others with an order of the house to refer the same to a Committee of three to join a Committee of Council, which was read & it was Resolved to con- cur with the house in their above mentioned reference & Mr Smith was appointed.
The Petition of James Barber Jr. was received from the house with an order of the house to refer the same to a Committee of three to join. which was read & it was Resolved to concur with the house in their said reference & Mr Keyes was duly appointed on the part of Council to join above Comee of the house.
Adjourned to 2 ()'C. P. M.
2 O'C. P. M .- Council met pursuant to adjournment.
Received from the house the petition of Concord for a Land tax with an order of the house to refer the same to the 1st Land tax Comee, which was read & it was Resolved to concur with the house in their said refer- ence.
The Petition of the 1st Company of Cavalry with an order of the house to refer the same to the joint Military Committee, which was read & it was Resolved to concur with the house in said reference.
Received from the House a resolution referring so much of the Gov- ernor's Speech as relates to expences incurred by the extra Session of Council & of transporting arms &c. &c. to the joint Committee of Claims, which was read & it was Resolved to concur with the house in passing the above resolution.
Received from the house a resolution appointing a Comee to join a Committee of Council to take into consideration the best mode of dis- tricting the State for the choice of Members of Congress, which was read & it was Resolved to concur with the house in passing the above resolution & Messrs Loomis & Smith were duly appointed.
A resolution was received from the house referring so much of the Governor's Speech as relates to districting the State for the choice of Representatives to Congress to the Comee appointed on the last above mentioned resolution, which was read & it was Resolved to concur with the house in their above reference.
Received from the house a resolution referring so much of His Excel- lency's Speech as relates to regulating & arming the militia & preparing
350
Governor and Council-October 1812.
equippage, distributing arms &c. &c. with an order of the house to refer the same to the joint Military Committee, which was read & Resolved to concur with the house in the above resolution.
Also received from the house a resolution referring so much of his Excellency's Speech as relates to Manufactures to the joint Committee on Manufactures, which was read & it was Resolved to concur with the house in their said resolution.
A resolution was received appointing a Committee of three members of the house to join a Committee of the Council to enquire into the expediency of passing a law giving some additional compensation to militia called into service, which was read & it was Resolved to concur with the house in passing the above resolution & Mr Wright was appointed.
The Petition of Stephen Hinman & others was received from the house with an order of the house to refer the same to a Committee of three members of the house to join a Committee of Conneil, which was read & it was resolved to join the above Committee of the house & Mr Cameron was appointed.
The petitions of Samuel I. Mott & David Sheffield, stating that they were convicts confined in State's prison, praying for a pardon, were severally read & Ordered to be dismissed.
Received from the house the petition of Nathan Smith Jr. with an order of the house to refer the same to a Comce of three members of the house to join a Comee from Council, which was read & it was Resolved to concur with the house in their said reference & Mr Loomis was appointed.
Received from the house the petition of Jason Duncan Jr. with an order of the house to refer the same to the joint Committee of Claims, which was read & Resolved to concur with the house in their said refer- ence.
Received from the house the Petition of Ira Ladd & John Merriam, with an order of the house to refer the same to the joint Committee on new trials, which was read & it was by Council Resolved to concur with the house in their said reference.
The Petition of Anthony Jones was received with an order of the house to refer the same to the joint Committee of Suspension, which was read & it was Resolved to concur with the house in their said reference.
The Petitions of John Burroughs & others, Ira Morgan, George Ide, stating that they are convicts confined to hard labor & praying for par- don, were severally read & on motion Ordered to be dismissed.
Adjourned to Monday morning next at 9 O'Clock.
MONDAY October 12th, 1812, 9 O'Clock A. M.
Governor & Council met pursuant to adjournment.
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