USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 51
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Received from the House the bill entitled "an act for the relief of John Palmatier," with an order of the house to refer the same to the joint Committee of Suspensions, which being read it was Resolved to concur with the House in said reference.
Received from the House the bill entitled "an act in addition to an act relating to goals & goalers," with an order of the House to refer the same to the joint Committee who reported the bill, when it was Resolved to concur with the house in said reference.
Mr Bradley introduced a resolution directing the Secretary of State to publish the act for electing Representatives to Congress, which passed & was ordered to be sent to the General Assembly for concurrance.
Received from the House the engrossed bill entitled "an act for the relief of Jonathan & Lemnel Barlow," which was read & it was Re- solved to concur with the House in passing the same with the following proposal of amendment, Viz. Erase the whole of the 1st proviso of the bill, & in lieu thereof insert the following Proviso: "Provided, that the " said Jonathan & Lemuel Barlow take no benefit by this act until they " shall lodge with the Clerk of the County Court in Addison County a " bond with sureties to the satisfaction of one of the Judges of said Ad- " dison County Court, conditioned that the said Jonathan & Lemuel " shall not squander or waste their property or any part thereof during " said term of five years, which bond shall be taken to the treasurer of " said Addison County in trust for the Creditors of said Jonathan & " Lemuel in such sum as the said Judge shall direct."
Adjourned to 2 Oclock P. M.
2 OCLOCK P. M .- Council met pursuant to adjournment.
Received from the House the following engrossed bills sent up for concurrauce or proposals of amendment, Viz. "An act to designate the
381
Governor and Council-November 1812.
boundary line between this State & the State of New York," which be- ing read it was Resolved to concur with the House in passing the same into a law. 1
Received from the House the account of S. Baldwin, Surveyor of pub- lic buildings, 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.
Received from the House the engrossed bill entitled " an aet relating to poor debtors," sent up for revision & concurrance or proposals of amendment, [which] was read & it was Resolved to nonconcur with the House in passing the same.
Received from the House the engrossed bill entitled "an act to pro- vide for raising Volunteer Corps for the service of the United States," sent up for revision & Concurrance or proposals of amendment, [which] was read & it was Resolved to concur with the House in passing the same with the following proposal of amendment, Viz. "Sec. 9th. It is " hereby further enacted, that every officer & private belonging to any " volunteer corps shall be liable to all the pains & penalties for any neg- " lect or refusal to obey any order, the same as detached militia."
Adjourned to 9 OClock A. M. Tomorrow.
THURSDAY November 5th, 1812, 9 OClock A. M.
Council met pursuant to adjournment.
Received from the House the bill entitled "an act in addition to an act directing the levying & serving of executions," 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 it was Resolved to concur with the House in said reference & Mr Harrington was duly appointed.
Received from the House the following engrossed bills sent up for re- vision & Concurrance or proposals of amendment, Viz. "An act explan- atory of an act to repeal an act & parts of an act therein mentioned passed Oct. 24th, 1807;" "An act directing the Treasurer to pay John Rankin the sum therein mentioned;" " An act directing the Treasurer to pay Heman Lowry the sum therein mentioned;" " An act directing the Treasurer to pay the sum therein mentioned;" "An act for the relief of Samuel Mix;" which were severally read & it was Resolved to con- cur with the House in passing the same into Laws.
Resolved that the Council do advise His Excellency the Governor of this State to appoint the 2ª Wednesday of April next, it being the 14th day of said month, a time to be observed as a day of public fasting & prayer throughout this State, & that he be requested to issue his procla- mation accordingly.
Mr Lyon appeared in Council & returned the engrossed bill entitled " an act relating to poor debtors," which had been sent to the house nonconcurred & which the House had again Passed & sent again to the Gov. & Council for revision &c. whereupon the vote of nonconcurrence was rescinded.
Received from the House the accounts of S. C. Crafts, Elihu Luce, R. Temple, of Irasburgh, of Alex' Hutchinson, & an act relating to the office & duty of the Adjutant General, with an order of the house on each referring the same to the joint Comee of Claims, which being severally read it was Resolved to concur with the House in said reference.
1 See Appendix K.
.
382
Governor and Council-November 1812.
The Council rescinded from the vote of Concurrance in the bill entitled "An act to provide for the raising volunteer corps for the service of the United States," with proposals of amendment.
Adjourned to 2 O'Clock P. M.
2 O'C. P. M .- The Council met pursuant to adjournment.
Mr Seymour on request was excused for the remainder of the Session. . Received from the House the military return with an order thereon to refer the same to the joint Committee of Claims, which being read it was Resolved to concur with the house in said reference.
Received from' the House the account of Gen1 Wm. Cahoon with an order to refer the same to the jt Comee of Claims, which was read & Concurred.
Received from the House the Bill entitled an act providing for an aid to the Governor of this State, which contained an order of the House to refer the same to the joint Military Committee, Which being read it was Resolved to concur with the House in their said reference.
Received from the House the bill entitled "an act providing for printing & distributing &c. militia laws," with an order of the House to refer the same to the joint Military Committee, which being read it was Resolved to concur with the House in their said reference.
Received from the House a resolution for the purpose of removing the places of holding the Circuit Court, sent up for Concurrance, which being read it was Resolved to concur with the House in passing said resolution.
Received from the House the following engrossed bills sent up from the house for revision & Concurrance or proposals of amendment, Viz. "An act suspending civil process against the persons & property of the Officers & Soldiers of this State while in actual service;" "An act directing the treasurer to pay Gen1 Jonathan Orms the Sum therein mentioned," "An act making the bills of the Vermont State Bank a tender for all taxes granted this session &c." "An act annexing a part of the towns of Chittenden, Brandon & Pittsford to the south east school district of Chittenden;" "An act in addition to an act explanatory of an act relating to goals & goalers," which being severally read it was Resolved to concur with the House in passing the same into laws.
Adjourned to 9 O Clock A. M. tomorrow.
FRIDAY November 6th, 1812, 9 O Clock A. M.
Council met pursuant to adjournment.
Received from the House the engrossed bill entitled "an act to prevent intercourse with the enemies of the United States on the northern frontiers" which was sent up for revision & Concurrance or proposals of amendment. which being read it was Resolved to concur with the House in passing the same with the following proposals of amendment, Viz: "Sec. 6th. And it is hereby further enacted that if any person "shall actually drive or convey any Horses, Cattle, Sheep or Swine, or "transport any property from this State into the said Province of Lower "Canada, or shall be aiding & assisting therein after the passing of this "act & shall be thereof convicted before the Supreme Court of Judica- "ture of this State, such person so convicted shall forfeit & pay to the "treasurer of this State equal to double the value of the property driven "or transported as aforesaid, which value shall be found by the Jury who "shall return the same into Court at the time of the conviction, & shall "be further liable to all the penalties contained in the first section of
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Governor and Council-November 1812.
"this act. Sec. 7th. And it is hereby further enacted that any justice "of the peace or other officer concerned in the execution of this act shall "have the right of calling to their aid any of the citizens of this State in "the performance of the duties required by this act, and in case any "person or persons shall neglect or refuse to aid or assist such officer "in the execution of any of the duties required in this act when thereto "requested as aforesd, such person or persons on conviction before the "Supreme Court of Judicature shall forfeit & pay to the treasurer of this "State a fine of not less than twenty nor more than five hundred dollars "in the discretion of the Court before whom the trial is had." Mr Har- rington appointed to assign the reasons to the House.
Received from the house the engrossed bill entitled "an act to provide for the raising of a volunteer corps for the service of the United States," sent up for revision &c. which being read it was Resolved to concur with the house in passing the same with proposals of amendment.
Received from the House a resolution authorizing the directors of the Vermont State Bank to stay proceedings against James O. Walker, which was sent up for concurrance, which being read it was Resolved to concur with the House in passing the same.
Received from the House the engrossed bill entitled "An act in addi- tion to an act for distributing the laws & journals &c." which being read it was Resolved to concur with the House in passing the same with cer- tain proposals of amendment.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Council met pursuant to adjournment.
Received from the House the following engrossed bills sent up for re- vision & Concurrance or proposals of amendment, Viz. "An act sus- pending the collection of the State prison tax in the town of Duncans- boro;" "Au act directing the Commissary [of Military Stores] to furnish the Jefferson Artillery with a field piece;" "An act authorizing the town of Lutterloch to transcribe the records of the proprietors of said town;" "An act for the preservation of Muskrats;" "An act to revive & con- tinue an act laying a tax of six Cents pr acre of land in the town of Woodbury;" " An act directing the treasurer to pay Alexander Hutch- inson the sum therein mentioned;" which were severally read & it was Resolved to concur with the house in passing the same into laws.
Mr Bliss was excused for the remainder of the Session.
Adjourned to 9 OClock A. M. tomorrow.
SATURDAY Nov. 7th, 1812, 9 O'C. A. M.
Council met pursuant to adjournment.
Received from the house the bill entitled "an act for the relief of Abel Platt," with an order of the house to refer the same to a Comee of three members of the house to join such Committee as the Gov. & Coun- cil may appoint, which was read & Resolved to concur with the house in said reference & Mr Loomis was appointed.
Received from the House the bill entitled "an act for the relief of Bildad Orcutt," with an order to refer the same to the joint Comee on the last above mentioned act, which being read it was Resolved to con- cur with the house in their said reference.
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 Martin Dunning;" "An act directing the Treasurer to pay the sum therein mentioned;" "An act providing for an aid to the Governor of this State;" "An act authorizing the Courts within & for the County
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Governor and Council-November 1812.
of Jefferson to hold their Sessions in the State House;" which were sev- erally read & it was Resolved to concur with the house in passing the same into laws.
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Council met pursuant to adjournment.
The Governor & Council proceeded to eleet the officers of the volun- teer corps agreeably to the [act] of the present session, when the follow- ing persons were elected to fill the following offices as assigned, Viz.
The Hon. Josiah Wright & Elias Keyes Brigadier Generals.
The following were elected Lieutenant Colonels of said Corps, Viz .- David Sheldon, Pere G. Ladd, Aaron Barney, Lovell Hibbard, John Rankin, Lyman Fitch, Matthew Phelps & John Peck Esquires.
The following were elected 1st Majors of said Corps: Rufus Steward, Daniel A. A. Buck, Asaph Fletcher Jr. William Myriek, Ebenezer Brown, Edmund Graves, Mason Ormsby, Consider Alexander Esquires.
The following were elected 2ª Majors of said Corps: Isaac Dennison, Asa Grimes, Alfred Keith, Peabody Utley, Jonas Clark Jr. Jonas Spen- cer, Gaius Perkins, John Wire.
The following were elected captains of Infantry: Sylvanus Danforth, Stephen Robinson, Eliphalet Wells, Barzillai Morse, John Wead, Thomas Dodge, Reuben Barney, James Sly, John Parker, Josiah Jor- dan, Wainwright Witt, Asahel Smith, Paul Holland, Charles Phelps, Elisha Chase, Samuel Church, John Atwood, Phinehas Page, Denison Cook, Jotham Pierce, Elisha Webster, William Montgomery, Anthony Perry, Jesse Heath, John Farewell, Gideon Wheelock, Emerson Corliss, Cyrus Johnson, Jeremiah Tyler, John Carrier, Jedediah H. Harris, Elisha Walker, David Sanford, Jonathan Kendal, Benjamin Needham, Jonathan Owens, Preserved Fish, Benjamin Fitch, William Miller, John S. Bieknell, Edward Swan, Ammi Dodge, Peter Thatcher, Ezekiel Par- sons, Lionell Udell, Joseph Topliff, Jeremiah Gay, Jeremiah York, Sheveriek Weeks, Amasa J. Brown, Isaac Hill, Charles Bennet, Philip Smith, Erastus Reeve, John Leonard, Henry Smith, Daniel Collins, Gideon Spencer, John Johnson, Joseph Fassett, Abram Hollenbeck, Ithiel Stone, Nehemiah Perkins, Nathaniel Fuller, Esquires.
The following were appointed Captains of Cavalry: Asahel Scovill, Humphrey Rood Jr. Esqrs.
The following were appointed Captains of Artillery : Hopkins & James Campbell, Esqrs.
Elder Clark Kendrick was appointed Chaplain of the first Brigade & Elder Jonathan Going Chaplain of the Second Brigade.
Received from the House the following engrossed bills sent up for re- vision & Concurrance or proposals of amendment, Viz. "An act direct- ing the Governor of this State to require bonds of the Commissary [of Military] Stores;" " An act making compensation to the volunteers at Troy & other places on the northern frontier;" "An aet directing the treasurer to pay John Mattocks the sum therein mentioned;" " An act directing the treasurer to pay the sum therein mentioned;" "An act for the relief of Bildad Orcutt;" "An act for the relief of John Palmatier;" " An act for the relief of Abel Platt;" " An act assessing a tax of one cent on the dollar on the list of 1812" [State tax]; " An act in addition to an aet incorporating a company of Artillery in the town of Montpe- lier;" "An act assessing a tax of one cent on each acre of land in this State for defraying the expence of .Government;" " An act constituting a board of Auditors for the purposes therein mentioned;" "An act directing the repair of the State house;" " An act regulating ferries;"
385
Governor and Council-November 1812.
which were severally read & it was Resolved to concur with the house in passing the same into laws.
Adjourned to 9 OClock A. M. on Monday.
MONDAY November 9th, 1812, 9 OClock A. M.
The Council met pursuant to adjournment.
Received from the House the bill engrossed entitled "An act in addi- tion to an act establishing the State bank," sent up for concurrance &c., which was read & passed with certain proposals of amendment.
An engrossed bill entitled " an act authorizing the several Judges of Probate of the districts of Chittenden &c." sent up for concurrance &c., which being read it was Resolved to concur with the house in passing the same into a law.
Received from the House the engrossed bills entitled " an act direct- ing [the Treasurer to credit] the 1st Constable of the town of Royalton the Sum therein mentioned;" "An act to provide for an aid to the Gov- ernor of this State;" "An act to settle with the visitors of State prison & for other purposes;" sent up for revision & Concurrance & proposals of amendment, which were severally read & it was Resolved to concur with the House in passing the same into laws.
The following debenture of the Lt Gov. & Council & officers was read & approved:
Names.
No. of Miles.
Amt
of
Mileage.
No. of Days
Amt
of
Attendance.
Amt
of
Debenture.
Gov. Brigham
50
33
132
138, "
H. Seymour
58
6 96
30
45
51 96
J. Wright ..
130
15 60
33
49 50
65 10
Pliny Smith
72
8 64
33
49
58|14
· Fredk Bliss
55
6 60
31
46 50
53 10
E. Butler
11
1 32
33
49 50
50,82
S. C. Crafts
42
5 04
33
49 50
54 54
J. Cameron.
34
4 08
9
13 50
17 58
Wm. Hunter
64
7.68
29
43 50
51 18
B. Loomis.
42
5 01
33
49
51 54
E. Keyes
42
5 04
33
49
54 54
W. C. Harrington
40
4 80
33
49
54 30
Wm. C. Bradley.
94
11 28
33
49
60/78
R. C. Mallary Secy.
70
8 40
33
82 50
90 90
J. Peck Sheriff.
11
1|32
33
49 50
50 82
815
97 80
808 50
906 30
Adjourned to 2 OClock P. M.
2 OCLOCK P. M .- Council met pursuant to adjournment.
Received from the House the engrossed bill entitled "an act for the relief of Elisha Bartholomew," sent up for revision & concurrance &c., which being read it was passed into a law with certain proposals of amendment. Mr Harrington assigned the reasons to the House.
The engrossed bills, one " An act directing the mode of detaching the militia," & one " an act relating to poor debtors," which had been or- dered to lie on the table, were now read & it was Resolved to concur with the House in passing the same with certain proposals of amend-
25
386
Governor and Council-November 1812.
ment made to each. Mr Harrington appointed to assign the reasons to the House.
Received from the House the engrossed bills, one "An act to author- ize the raising of a volunteer corps," one " an act for the relief of Rod- erick Messinger," which were 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 laws.
Received the engrossed bill entitled " an act empowering Apollos Austin, Joseph Warner & Pliny Smith &c." sent up for revision &c. which being read it was Resolved to nonconcur with the house in pass- ing the same: the reasons were assigned in writing & returned to the house with the bill.
Resolved, the General Assembly concurring herein, that all the unfin- ished business now remaining before the two Houses be referred to the next Session of Legislature, then to be taken up anew in the General Assembly. The above resolution was sent to the General Assembly for concurrence.
Mr Henry Olin of the House appeared in Council Chamber & in- formed the Governor & Council that the General Assembly had non- concurred in the proposals of amendment made by the Council to the engrossed bill entitled " an act in addition to an act establishing a State Bank," so far as it related to striking out the 5th Section of the bill, when upon consideration it was Resolved to rescind said objected proposal of amendment & pass said bill with other amendments.
Mr Olin returned the bill "relating to poor debtors," which had been sent down to the house with proposals of amendment in which the House had nonconcurred, which was now taken again into consideration by the Governor & Council & it was Resolved to pass the same into a law with other proposals of amendment
Received from the House the engrossed bill entitled " an act making the necessary appropriations for the support of Government for the present year," which being read it was Resolved to concur with the house in passing the same into a law.
Received from the house an engrossed bill entitled "an act in addition to an act assessing a tax of one cent on the dollar on the list of 1812," which was sent up for revision & Concurrance or proposals of amend- ment, which being read it was Resolved to concur with the house iu passing the same into a law.
Received from the House a resolution appointing.a time for both houses to meet in the representatives' room in joint Committee to elect visitors of the State's prison, directors of the State Bank, & an auditor in the Commissary department, which being read it was Resolved to concur with the House in passing the same.
Received from the House a resolution appointing a time for both houses to meet in the representatives' room to adjourn the Legislature without day, which being read it was Resolved to concur with the house in passing said resolution.
The Governor & Council proceeded to the Representatives' room to meet the House iu joint Committee to elect Visitors of the State's prison, directors of the State Bank, & an auditor in the Commissary department, which being compleated the Revd Chaplain of the House addressed the throne of Grace, & the Legislature was adjourned by the Sheriff without day.
The foregoing, from page 336 to page 450 inclusive, [of the manu- script journal,] is a true journal of the proceedings of the Governor & Council at their October Session A. D. 1812.
R. C. MALLARY Secretary.
APPENDIX A.
GOVERNOR'S SPEECHES TO THE LEGISLATURE-1804-1812.
SPEECH OF GOV. TICHENOR-1804.1
Gentlemen of the Council and of the House of Representatives,-When the Legislative Representatives of a free People assemble to deliberate upon the measures of advancing and securing the welfare of the State, many and important are the subjects before them, and very extensive will be the Influence of their Decisions. To present to your view such objects as Demand your attention is a part of the Constitutional duty of the Executive.
In addition to the ordinary business that may come before you and that which has been referred to this session it may be expedient to en- quire into the situation of the Northern line of this State. Some of the Inhabitants residing on the line are apprehensive that the boundaries are not clearly defined, and that it is not distinctly known where the line runs which separates the Northern part of this State from the Province of Canada.
I find that much pains were taken in the year 1767 by the then Prov- inces of New York and Canada to ascertain by astronomical Calcula- tions, the Latitude forty five Degrees, and to fix a Monument with accu- racy at the place where the line crosses Lake Champlain; from thence a line was afterwards run by Mr. Collins to Connecticut River, but with what accuracy never has been ascertained .? If it was not properly run, and designated by the erection of durable monuments, contests will arise that will not only affect the property of individuals, but the bound- aries of this and the United States. The serious difficulties which other States have experienced, in settling their boundary lines, admonish us, by an early attention to the subject, to guard against complaints of a similar nature.
A vigilant attention to the fiscal concerns of this State is an essential part of your duty, and is consistent with that economy which the Prin- ciples of our Republican Government strictly enjoin and require. It is believed that the State of our Treasury is not sufficient to satisfy the Demands of Government. It cannot be consistent with sound policy, that a public debt should be accumulating in a time of peace and prosper- ity. The amount of our annual expences, and the expences of the sev- eral departments in which they are incurred, should be clearly ascer-
1 Ms. Council Journal, Vol. 5, p. 58.
2 See Vol. Iv, p. 116; and Appendix E of this volume.
.
388
Appendix A.
tained and defined, that those, on whom the burden of payment falls, may judge of the propriety and expediency of the public expenditures. Should the debt be found increasing, it will be necessary to provide for its reduction, by the most economical mode of transacting the public business, and of raising and expending the public money.
The time is not far distant, in which a choice must be made of the Electors in this State of President and Vice President of the United States. By the Law now in force a choice must be made by the Mem- bers of the Legislature: You will judge whether it is best to continue this mode of choosing Electors, or refer it to the great body of the Freemen, in districts, or through the State at large; both modes are in practice among the several States of the Union, and both consistent with the Federal Constitution.
The Governor of the Commonwealth of Massachusetts has transmitted to me certain Resolutions of their Legislature proposing an amendment of an article in the Federal Constitution, respecting the Principles of Representation [in Congress.] aiming to confine it to the Votes of Free- men, and not depend upon the number of Slaves, in any part of the Federal Territory. These Resolutions will be laid before you. 1
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