USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 50
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373
Governor and Council-October 1812.
Received from the House the following engrossed bills sent up for re- vision & Concurrance or proposals of amendment, Viz. "An act for the relief of James White;" "An act constituting a Medical Society in the County of Windsor," which being read it was Resolved to concur with the house in passing the same into laws.
Adjourned to 9 O'Clock A. M. tomorrow.
WEDNESDAY October 28th, 1812, 9 O'Clock A. M.
Council met pursuant to adjournment.
Received from the House the account of the Town of Ryegate against the State with an order of the house to refer the same to the joint Com- mittee on the resolution relating to the Volunteers Called out at Troy, which being read it was Resolved to concur with the house in their said reference.
Received from the House the bill entitled an act assessing a tax of two Cents pr acre on Kelly's grant No. 2, with an order of the house to refer the Same to the 2ª joint land tax Committee, which being read it was Resolved to concur with the house in their said reference.
His Houor the Lt Governor & Council proceeded to the Representa- tives' room to meet the house in joint Committee for the purpose of electing an Auditor of Accounts against this State, a Surveyor General, & a person to preach the next election Sermon, & also to complete the County appointments, which being partly completed the joint Commit- tee adjourned to Friday next at the opening of the house in the after- noon, when the Lt Gov. & Council returned to their Chamber. 1
Adjourned to 2 O'C. P. M.
2 OCLOCK P. M. - Council met pursuant to adjournment.
Received from the House the bill entitled " an act directing the mode of detaching the Militia," with an order of the house to refer the same to a Committee of four members of the house to join such Committee as the Governor & Council may appoint, which being read it was Re- solved to concur with the house in their said reference & Messrs Wright & Harrington were duly appd.
Received from the House the resolution appointing a Committee to enquire into the expediency of passing a law allowing additional com- pensation to militia [mustered] into service, which had been referred to a joint Committee [and] now returned to Council with an order of the house to refer the same to the joint Committee raised on the above mentioned bill, which being read it was Resolved to concur with the house in said reference; the Committee first appointed being discharged.
Received from the House the bill entitled "an act directing the Com- missary General to procure arms," with an order of the house to recom- mit the same to the former Committee, which being read it was Resolved to concur with the House in said reference.
Received from the House the engrossed bill entitled an act authorizing the appointment of a new administrator &c. sent up for revision & Con- currance or proposals of amendment, which being read it was Resolved to concur with the house in passing the same into a law.
Adjourned to 9 O'C. A. M. tomorrow.
1 The elections were as follows: Alexander Hutchinson Auditor of Accounts; Joseph Beeman jr. Surveyor General; Daniel Marsh of Ben- nington preacher of the next election sermon, and Martin Powell of Westford alternate preacher.
374
Governor and Council-October 1812.
THURSDAY October 29th, 1812, 9 O'C. A. M.
Council met pursuant to adjournment.
Received from the House the bill entitled "an act annexing a part of the towns of Chittenden, Brandon & Pittsfield [Pittsford] to the South School district in Philadelphia," with an order of the house to refer the same to the joint Committee on the pet. of Elipas Thrall, which being read it was Resolved to concur with the house in their said reference.
Received from the House the report of the Committee appointed to report the best way of districting the State for Representatives to Con- gress, with an order referring the same to said Committee to report a bill for a general Ticket, which being read it was Resolved to concur with the House in their said reference.
Received from the House the following engrossed bills sent up from the House for revision & Concurrance or proposals of amendment, Viz. "An act making appropriation for the debenture of the extra Session of the Council;" "An act appointing a Committee to lay out & survey a public road thro' a part of the towns of Whiting & Orwell;" "An act in amendment of an act regulating fees;" "Au act in alteration of an act entitled an act incorporating certain Turnpike Companies in the West- ern Counties of this State;" which being severally read it was Resolved to concur with the House in passing the same into laws.
Received from the House the engrossed bill entitled "an act directing the mode of distributing the arms &c." sent up for revision & Concur- rance or proposals of amendment, which was read & it was Resolved to concur with the House in passing the same into a law with the follow- ing proposal of amendment, Viz. "Sec. 9th. It is hereby further enacted, "that all fines imposed agreeably to the provision of the 4 Section of "this act shall be collected & paid into the Treasury of the Town to "which the arms so refused to be delivered up belong & the Selectmen "of the several towns of this State shall have a right to draw from the "Treasury of their respective towns such part of the monies as may be "collected on fines imposed by this act as shall be needed to keep good "either by purchase or repairing the arms delivered to them & appro- "priate the money for that purpose." Mr Seymour was appointed by the Council to assign the reasons to the House.
Received from the House the engrossed bill entitled "an act for the relief of Abel Morrill Jr." sent up for revision & Concurrance or pro- posals of amendment, which being read it was Resolved to nonconcur with the house in passing said bill & the following reasons were assigned & sent to the house: "Ist. Because after hearing all the evidence we "believe no conditions were entered into on the part of the Government "which have not been fulfilled. 2d. If any such condition had been made "on the part of the Government ample opportunity has been given to shew "the same to the Court before whom the recovery was had. 3d. It would "be dangerous to make a decision on ex parte testimony over the Courts "of Justice in a question of this nature, especially after repeated trials "have been had on the same."
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Council met pursuant to adjournment.
Received from the House the Bill entitled " an act in alteration of an act laying a tax on Avery's Gore," with an order of the house to refer the same to the 2d joint land tax Committee, which being read it was Resolved to concur with the house in their said reference.
Received from the House the Communication from Benjamin Swan, Treasurer, with an order of the house to refer the same to the Commit- tee of three members of the House to join such Committee as the Gov-
375
Governor and Council-October 1812.
ernor & Council may appoint, which being read it was Resolved to con- cur with the House in their said reference. Mr Bradley was appointed.
Received from the House the bill entitled " an act explanatory of an act entitled an act to repeal an act & parts of an act &c." with an order of the House to refer the same to a Committee of four members of the house to join such Committee as the Governor & Council may appoint, which being read it was Resolved to concur with the House in their said reference & Mr Harrington was appointed.
Received from the House the bill entitled " an act granting exclusive right of ferriage to James Hunt &c." with an order of the House to refer the same to the joint Committee on the petition of James Barber Jr., which being read it was Resolved to concur with the house in their said reference.
Received from the House the petition of the proprietors' Clerk of Lut- terloch &c. with an order of the House to refer the same to a Committee of three members of the House to join such Committee as the Gover- nor & Council may appoint, which being read it was Resolved to concur with the house in their said reference. Mr Smith was appointed on the part of the Council.
The engrossed bill entitled " an act authorizing Ira Lawrence & Polly Fobes widow & relict of Eliab Fobes &c." was called up & on the ques- tion Will the Gov. & Council concur with the house in passing the same into a law ? it was resolved to nonconcur & the following reasons were sent down to the House in writing, Viz.1
The Honorable Royall Tyler Esqr. appeared in Council, when the Oaths of office were duly administered to him as Chief Judge of the Supreme Court of Judicature & Court of Chancery of the State of Ver- mont.
Adjourned to 9 O'C. A. M. tomorrow.
FRIDAY October 30th, 1812, 9 OClock A. M.
Council met pursuant to adjournment.
Received information from the House that they had concurred in the bill entitled " an act directing the mode of distributing arms."
The following Communication was presented to the Speaker of the House of Representatives:
The Hon. The Speaker of the House of Representatives: Sir, I would inform the House that the office of Brigadier General of 1st Brigade & 1 st division has become vacant by the removal out of this State of Gen- eral Reed for more than one Year last past. The General Assembly will take proper measures to fill the said vacancy. There are vacancies in the Board of Trust of the University of Vermont occasioned by the nonacceptance of Asa Aldis Esqr. & the Resignation of the Hon. James Fisk. This will likewise receive the attention of the General Assembly. There is received a box containing the acts & Laws of the 3d Session of the 11th Congress of the United States ; the General Assembly will please to direct the mode of distribution. PAUL BRIGHAM.
Received from the House the following engrossed bills sent up for re- vision & Concurrance or proposals of amendment, Viz. "An act for the relief of Perry Harding;" " An act granting to Benjamin Picket the exclusive right of keeping a ferry;" "An act granting a Toll bridge to
1 The reasons were not entered on the journal of either house, but they were conclusive, as the House subsequently dismissed the bill.
376
Governor and Council-October 1812.
Ira Fox;" "An act appointing a place for the meeting of the Eleetors of President & Vice President of the United States;" which were sev- erally read & it was Resolved to concur with the house in passing the same into laws.
Gov. & Conneil proceeded to meet the House in the Representatives' room for the purpose of Choosing electors for President & Vice Presi- dent of the United States, which being completed the Gov. & Council returned to their Chamber & adjd to 2 O'C. P. M. 1
2 OCLOCK P. M .- The Council met pursuant to adjournment.
Appeared in Council Chamber General Solomon Talborn & Col. Lewis Vaudreuil, Chiefs of the Iroquois or Cognowaga nation of In- dians, accompanied by Mr Williams their interpreter, when his Hon. the L' Governor addressed them in a talk & made the presents provided for by law, when they withdrew .?
The L' Governor & Council proceeded to the Representatives' room to meet the House in joint Committee for the purpose of completing the County appointments, & after making progress the Joint Committee adjourned to Monday next at the opening of the House in the after- noon. The L' Governor & Council returned to their Chamber & ad- journed to 9 O'Clock A. M. Tomorrow.
SATURDAY October 31st, 1812, 9 O Clock A. M.
Council met pursuant to adjournment.
Mr Palmer of the House appeared in Council Chamber & returned the bill entitled "an act for the relief of Abel Morrill Jr." which had been sent down from the Council nonconcurred & which had again been passed & sent to the Gov. & Council for revision & Concurrance &c., when on motion it was Resolved to rescind the vote of nonconcurrance to the bill & that the same be passed into a Law.
Received from the House the following engrossed bills sent up for re- vision & Concurrance or proposals of amendment, Viz. "An act relating to the Commissary department;" "An act in addition to an act ascer- taining the principles upon which the list of this State shall be made & directing the Listers in their office & duty;" which were severally read & it was Resolved to concur with the House in passing the same into Laws.
Received from the House a resolution appointing a Committee of five members of the House to join such Committee as the Governor & Council may appoint to enquire into the situation with respect to danger on our northern frontiers & to see if any more troops are neces-
1 Nathaniel Niles, Noah Chittenden, William Slade, John H. Andrus, Elihu Luce, Josiah Wright, William A. Griswold, and Mark Richards were elected.
2 The committee on the petition of the Indians reported that Vermont could not accede to their claim, nor stipulate an annual payment of money, but recommended an appropriation of one hundred dollars for presents to the representatives of the claimants, and of an additional sum not exceeding one hundred dollars to pay their expences. A bill for this purpose passed both Houses .- See printed Assembly Journal of 1812, pp. 139, 140; and printed Laws of Vermont of 1812, p. 65.
377
Governor and Council-November 1812.
sary for the safety &c. which was read & it was Resolved to concur with the house in their said resolution. Mr Crafts was duly appointed.
Received from the House the petitions of E. W. Keyes; of John Le- vake; Joshua Chamberlain, with an order of the House on each to refer the same to the Joint Committee of Suspensions, which being read it was Resolved to concur with the House in their said references.
Adjourned to 2 O'Clock P. M.
2 OCLOCK P. M .- Council met pursuant to adjournment.
Received from the House the following engrossed bills sent up for concurrance or proposals of amendment, Viz. "An act authorizing the 1st Constable of Canaan to complete the Collection of taxes therein mentioned;" "An act assessing a tax of 3 Cents pr acre on Kelly's Grant No. 2," which were read & it was Resolved to concur with the House in passing the same into laws.
The Petition of John Arnold was read, stating that he is a convict confined to hard labor in the State's Prison & praying for pardon & on the question Shall the prayer of said Petition be granted? The Yeas & Nays were called for & taken as follows-Yeas, Gov. Brigham, Messrs Wright, Smith, Crafts, Loomis, Keyes & Harrington-7; Nays, Messrs Seymour, Bliss, Hunter & Bradley-4: so the prayer of said petition was granted & His Excellency the Governor was requested to issue his pardon accordingly.
Received from the House the bill entitled "an aet more effectually to prevent intercourse with the enemies of this State," with an order of the House thereon to recommit the same to the first Committee raised on that subject, which being read it was Resolved to concur with the House in said reference.
Adjourned to Monday next at 9 O'C. A. M.
MONDAY November 2ª, 1812, 9 O Clock A. M.
Council met pursuant to adjournment.
Received from the House a resolution appointing Tuesday morning next at the opening of the House a time for both branches of the Legis- lature to meet to elect two members of the Corporation of the University of Vermont, & a Brigadier General for the 1st Brigade & 1st division of the Militia of this State, which being read it was Resolved to concur with the House in passing the same.
Received from the House the bill entitled "an act directing the treasurer to pay Elam Jewett Jr. & others the Sum therein mentioned," sent up for revision & concurrance or proposals of amendment, which being read it was Resolved to concur with the House in passing the same into a Law.
Received from the House the bill entitled "an act for the preservation of Beaver & Muskrats," with an order of the House to refer the same to a Committee of three members of the House to join such Committee as the Governor & Council may appoint, which being read Resolved to concur with the House in their said reference & Mr Smith was appointed.
Received from the House the following engrossed bills sent up for revision & Concurrance or proposals of amendment, Viz. "An act lay- ing a tax of two cents pr acre on the town of Eden;" "An act directing the Commissary General to procure arms for this State;" "An act granting relief to Ralph Barker;" "An act granting a new trial therein mentioned;" which were severally read & it was Resolved to concur with the House in passing the same into laws.
378
Governor and Council-November 1812.
Mr Bradley introduced a bill entitled "an act in addition to an act establishing permanent Salaries for the judges of the Supreme Court of this State;" which being read it was passed & ordered to be sent to the General Assembly for Concurrance.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Council met pursuant to adjournment.
The account of Gov. Galusha was received with an order of the House to refer the same to the joint Coniee of Claims, which was read & it was Resolved to concur with the House in their said reference.
Received from the House the bill entitled "an act providing for a tender in certain Cases therein mentioned," with an order of the House to refer the same to a Committee of four members of the House to join such Committee as the Gov. & Council may appoint, which being read it was Resolved to Concur with the House in their said reference. Mr Harrington was appointed.
Received from the House the bill entitled "an act empowering the Inhabitants of the town of Mt pelier to build a town House," with an order of the House to refer the same to a Committee of four members of the house to join such Committee as the Gov. & Council may appoint, which being read it was Resolved to concur with the House in their said reference & Mr Wright was appointed.
Received from the House the following engrossed bills sent up for revision & Concurrance or proposals of amendment, Viz. "An act directing the Treasurer to pay David Little the sum therein mentioned;" "An act authorizing Joel Roberts to deed certain lands therein men- tioned:" which were severally read & it was Resolved to concur with the house in passing the same into Laws.
Agreeable to law the Gov. & Council proceeded to elect a person as Surveyor of public buildings for the Year ensuing: & the ballots being taken, sorted & Counted, it appeared that Sylvanus Baldwin of Mont- pelier had a majority & was declared duly elected.
The Governor & Council proceeded to the Representatives' room to meet the Ilouse in joint Committee to Complete the County appoint- ments, which being done the Committee adjourned to tomorrow morn- ing at the opening of the House, when the Governor & Council returned to their Chamber & adjourned to 9 O Clock A. M. tomorrow.
TUESDAY November 3d, 1812, 9 O Clock A. M.
Council met pursuant to adjournment.
The following engrossed bills were passed & became laws, viz. "An act directing the Treasurer to pay Abel Hubbard the sum therein men- tioned;" "An act granting relief to Micah Sheldon."
Adjd to 2 OClock P. M.
2 O CLOCK P. M .- Council met pursuant to adjournment.
Benjamin Swan Esqr. Treasurer elect appeared in Council Chamber & presented a bond signed by himself as principal & Elias Keyes & Jacob Smith as sureties-Conditioned for his faithful performance of the duties of Treasurer, which being approved by the Governor & Council the oaths of office were administered to him in due form of Law.
Received from the House the engrossed bill entitled "an act in addi- tion to an act entitled an act directing of the election of the Governor, L' Governor, Treasurer & Councillors," which being read it was Re- solved to concur with the House in passing the same with the proposal
379
Governor and Council-November 1812.
of several amendments. Mr Harrington was appointed to assign the Reasons to the House.
Received from the House the engrossed bill entitled "an act appointing Commissioners for purposes therein mentioned;" sent up for revision & Concurrance & proposals of amendment, which being read it was Resolved to concur with the House in passing the same with the following pro- posals of amendment, Viz. In the 4 Section after the words "first Ses- " sions," erase these words " on Wednesday the 16th day of December next " at the Court house in Middlebury in the County of Addison," & insert in the place thereof " on tuesday the 15th day of December next at the Court " House in Rutland in the County of Rutland." Mr Harrington was ap- pointed to assign the reasons.
The account of Jonathan Orms was received with an order of the House to refer the same to the joint Committee of Claims, which being read it was Resolved to concur with the House in their said reference.
The bill entitled "an act regulating hoop poles. Staves & Heading 1' was received with an order of the House to refer the same to a Commit- tee of three members of the House to join such Committee as the Gov- ernor & Council may appoint, which being read it was Resolved to con- cur with the House in said reference. & Mr Loomis was appointed.
Received from the House a resolution on the subject of a permanent Seat of the Legislature with an appointment of four members of the House to take into consideration the same to join such Committee as the Governor & Council may appoint, which being read it was Resolved to concur with the House in passing the same & Mr Keyes was ap- pointed.
Received from the House the following engrossed bills sent up for re- vision & Concurrance or proposals of amendment, Viz. "An act direct- ing the Treasurer to issue his Warrant to the 1st Constable of Grand Isle:" "An act empowering John & Nancy Cheney to deed land;" "An act directing the Treasurer to pay Harry Hale the sum therein men- tioned;" "An act for the relief of John Howland;" "An act assessing a fax on the County of Franklin;" "An act to revive an act therein men- tioned;" "An act directing the Treasurer to credit the town of Mine- head [Bloomfield] the sum therein mentioned;" "An act granting the exclusive right of ferriage from Burlington in the State of Vermont to &c .: " "An act establishing the Goal in the County of Jefferson a prison for receiving & Safe Keeping prisoners committed under the authority of the United States;" which were severally read & it was Resolved to concur with the House in passing the same into Laws.
Mr Olin of the House appeared in Council Chamber & returned the bill entitled "an act appointing a board of Commissioners for the pur- poses therein mentioned," which had been sent down to the House with proposals of amendment in which the General Assembly had not con- curred, & he assigned the reasons and withdrew: When on motion it was Resolved to rescind the proposals of amendment to said bill last above mentioned, & that the same pass & become a law.
Adjourned to 9 OClock forenoon tomorrow.
WEDNESDAY November 4th, 1812, 9 OClock A. M.
Council met pursuant to adjournment.
The following Communication from His Honor the L' Governor was presented to the Speaker:
The Hon. the Speaker of the House of Representatives: Sir, I transmit to you for the information of the House [a communication] on the sub-
380
Governor and Council-November 1812.
iect of the drafted militia in service. I also transmit the returns made to the executive of this State from General Orms of the drafted troops under his Command, as well as the return of Major Storrs of troops stationed at Darby. PAUL BRIGHAM.
Mr Hutchinson of the House appeared in Council Chamber & re- turned the engrossed bill entitled " an act in addition to an act direct- ing the mode of electing Governor, L' Governor &c." which had been sent down to the House with Certain proposals of amendment, & he as- signed the reasons after having informed the Council that the General Assembly did not concur in said proposals of amendment -whereupon it was Resolved to rescind said proposals of amendment & pass said bill with other proposals of amendment.
Received from the Honse a resolution appointing a Committee to take into consideration the propriety of removing the places of Holding the Circuit Court of the United States within this State & request the Rep- resentatives in Congress & instruct the Senators to endeavor to obtain said removal, which being read it was Resolved to concur with the House in passing the same & Mr Butler was appointed.
Received from the House the following engrossed bills sent up for Concurrance or proposals of amendment, Viz. "An act for electing Representatives to Congress & directing the mode of their election;" "An act directing & authorizing the Treasurer of this State to pay the sum therein mentioned;" which were read & it was Resolved to concur with the House in passing the same into Laws.
Received from the House the Petition of John Guild & others with an order to refer the same to the joint Committee of Manufactures, which being read it was Resolved to concur with the House in passing said reference.
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