Records of the Governor and Council of the State of Vermont, Vol. V, Part 57

Author: Vermont. cn; Vermont. Conventions (1775-1777); Vermont. Council of Safety, 1777-1778; Vermont. Governor. cn; Vermont. Supreme Executive Council, 1778-1836; Vermont. Board of War, 1779-1783; Walton, Eliakim Persons, 1812-1890, ed
Publication date: 1873
Publisher: Montpelier, J. & J. M. Poland
Number of Pages: 598


USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 57


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74


8 State Capitol, 1857, p. 284.]


428


Appendix C.


lutely necessary to have money, or its equivalent, for the purchase par- ticularly of glass and nails, and to finish the house, when a town meet- ing was warned for and held on the 12th of May, and the following votes were agreed to:


Voted to excuse James II. Bradford from serving as a State House Committee at his own request, and made choice of JOSIAHI WING as a Committeeman to supply his place.


Voted to raise a Tax of four cents on the dollar of the inhabitants of this Town on the list of 1807, two thirds part payable in Grain, butter, or cheese, at cash price, to the State-House Committee on or before the first day of October next, and one third in Specie or current bank bills, or Orders from said Committee, or Receipts or Orders from SYLVANUS BALDWIN,1 & payable by the first day of November next, said sums to [be] applied towards completing the State-House under the direction of said State-House Committee.2


The grand list of Montpelier in 1807 amounted to $23,569.91,3 four per cent. of which was $942.79.4 Adding to the individual subscriptions and the tax, $2000, which was the estimated value of the land when it was deeded to the State by Thomas Davis," the cost of the house and out-building was $9,081.67; but "in addition to this sum there were many contributions never embraced in subscriptions, some of them large-gratuitous services, cost of collection, &c." "


On the completion of the buildings on the spot designated by the com- mittee appointed by the act of 1805, THOMAS DAVIS, the owner, con- veyed the land on which the buildings stood, and land adjoining, to the State by the following deed:


Know all men by these presents, that I, Thomas Davis, of Montpelier, in the County of Caledonia and State of Vermont, for a valuable consid- eration to me paid before the delivery hereof, and agreeably to an act of the General Assembly of the State of Vermont, passed at their session holden at Danville, in the year of our Lord Christ eighteen hundred and five, establishing the permanent seat of government for the State of Ver-


1 The contractor for building the house.


2 Montpelier Town Records, Liber I, p. 243.


8 Printed Assembly Journal of 1807, p. 310.


+ In proceeding to collect the tax, the constable soon met SAMUEL RICHI, a sharp and substantial inn-keeper residing in the north part of the town, who refused to pay on the ground that the town had no au- thority to raise money by tax to build a state-house. This legal point was well.taken, and for a time alarming; but the Hon. DANIEL BALD- WIN, then a minor, was appointed to collect the tax, which was cheer- fully paid by the people, Mr. Rich responding with the rest. Mr. Bald- win was a brother of the contractor, worked on the house, and is the authority for this anecdote.


5 State Capitol, 1857, p. 98.


" The same, p. 284.


429


Appendix C.


mont at Montpelier in said County, do give, grant, bargain, sell, alien and convey to the State of Vermont a certain tract of land lying in Montpelier aforesaid, being part of a tract of land known by the de- scription of Colonel Jacob Davis' lower pitch, containing two acres, bounded as follows, to wit: beginning on the northerly side of the turn- pike road leading from said Montpelier to Burlington, so far westerly of a large brick house lately built by said Thomas Davis that a line turn- ing northerly'at right angle with said road will pass by said house one half rod westerly therefrom, thence northerly on right angle with said Turnpike road sixteen rods, thence westerly a parallel line with said Road twenty rods, thence southerly on a right angle sixteen rods to said Turnpike road, thience eastwardly on the northerly side of said road twenty rods to the place of beginning, together with the buildings thereon, lately erected for the accommodation of the Legislature of the State of Vermont: To have and to hold the said premises, with the ap- purtenances thereof, to the said State of Vermont, to their own proper use and benefit forever, and I, the said Thomas Davis, for myself, my heirs, do covenant with the said State of Vermont that until the deliv- ering hereof I am the lawful owner of said premises, that they are free from all ineumbrances, and that I will warrant and defend the same against all lawful claims whatever. In witness whereof I hereunto set my hand and seal this twenty-third day of August, in the year of our Lord Christ eighteen hundred and eight.


THOMAS DAVIS. [L. S. ]


Signed, sealed and delivered in presence of EDWARD LAMB, GEORGE WORTHINGTON, CYRUS WARE.


STATE OF VERMONT, MONTPELIER, August 23, 1808.


Caledonia County, ss. S Then personally appeared THOMAS DAVIS, signer of the aforesaid instrument, and acknowledged the same to be his voluntary act and deed. Before C. WARE, Justice of the Peace.


Received August 24, 1808, for record; recorded, examined and com- pared. Attest, JOSEPHI WING, Town Clerk.1


The first State-House at Montpelier was occupied by the Legislature on the 13th of October 1SOS, and continued to be the capitol until it was superseded in October 1836. Oct. 17 1808, the committee appointed by the act of 1805 submitted the following report:


1 Montpelier Land Records, Book III, p. 94. THOMAS DAVIS was the second son of Col. Jacob Davis, the first permanent settler of Montpe- lier, and inherited the liberal spirit of his father in enterprises for the public good. He gave not only the land which the State occupied for its capitol, and also subsequently the lot on which the county jail stands, but went far beyond the requirements of 1805 in providing accommoda- tions for the officers and members of the Legislature and people having business before it. The " large brick house lately built by Thomas Da- vis," referred to in the deed to the State, was the original Pavilion hotel, which was then the largest, most thoroughly constructed, and most ele- gantly finished and furnished hotel in the State. It was hardly ex- celled indeed by any public house in New England at that day, and equalled by but few. Mr. Davis died Dec. 17 1864, aged 95 years and S months.


430


Appendix C.


The committee appointed to designate the place, whereon the public buildings, for the accommodation of the legislature, should be erected in the town of Montpelier, presented to the house the following com- munication :


We whose names are hereunto subscribed, being a committee ap- pointed by the legislature of Vermont, in and by an act of said legisla- ture, passed Nov. 8th, 1805, to fix upon a place in the town of Mont- pelier, for the erection of buildings for the accommodation of the legis- lature, do hereby certify, that said buildings are erected and finished, on the place designated by said committee, to the acceptance and satisfac- tion of said committee.


Given under our hands at Montpelier, this first day of September, 1808.


ELIJAHI PAINE, JAMES WIIITELAW.


The foregoing communication being read, was ordered to lie on the table. 1


The State-House, thus accepted, was well constructed, " of wood, fifty by seventy feet on the ground, thirty-six feet high [above the base- ment] to the roof, septangular shaped in front, but square on the sides and rear end,"? and surmounted by a belfry. The front was so shaped for the purpose of making a covered way to the vestibule of the hall of the House, a floor to each open gallery on the second and third stories in front, and winding stairs on either side of the vestibule to the inner gal- lery of the House, and to the Council chamber. The hall of the House of Representatives was in the northern part of the building, occupied the whole of the first floor except the vestibule, and was twenty-four feet in height, the third story and roof being supported by two tiers of columns, one tier on each side of the area through the center of the hall. These columns were squared and cased, with bases rising to the top of the backs of the first and lowest row of seats, and handsome cap- itals. The seats were strongly constructed of pine planks, straight- backed, and each back covered with a plank wide enough to admit of writing upon it. The arrangement of speaker's and clerk's desks, scats for the Councillors in joint assembly, seats for the representatives, and the public gallery, was substantially as in each succeeding hall. In the center of the area in front of the speaker's and clerk's desks was a very large stove for warming the hall, and over it was suspended a chande- lier consisting of hundreds of glass prisms, so arranged as to reflect the light of many candles to every part of the room. The Council chamber was in the southeastern part of the third story, and was furnished with a table and chairs for the fifteen members of the board, including the


1 Printed Assembly Journal of 1808, p. 19.


2 D. P. Thompson s History of Montpelier, p. 105. Mr. Thompson's authority is not known. Hon. Daniel Baldwin, who worked on the house, thinks the length was eighty feet, and the editor of this volume is of the same opinion. The length of the hall was considerably greater than its width, and eighty feet would be required for this and a suitable vestibule, such as is remembered.


KILBURN


FIRST STATE HOUSE AT MONTPELIER.


-


431


Appendix C.


Governor, Lieutenant Governor. and Secretary. A bar separated the Council from a part of the room to which spectators were admitted. In the rear of the Council chamber, and over the hall of the House, was a large room called Jefferson HIall, which was used by canvassing commit- tees and caucuses; and from this hall there was access to several smaller committee rooms. Deacon SYLVANUS BALDWIN, the constructor of the building, was a thorough builder. the work was well executed, and the building elegant for its day, and commodious for the uses required at that time and for many subsequent years. Were not the dry pine benches &c., too strong temptations for the gratification of the yankee propensity for whittling, the first state-house would have been good for half a century at least. "The truth is, this old house was literally whit- tled out of use. The holes were too big for putty and paint, and too ugly to be agreeable. So a new house was indispensable, while, in all but the seats, the old was not half worn out." 1


Several attempts have been made to remove the State-House from Montpelier, the most important of which are here briefly noted.


At the session of 1810, when the bill constituting a new county by the name of Jefferson [now Washington] was before the House, Mr. Joel Pratt 2nd of Manchester offered the following amendment:


Provided nevertheless, And it is hereby further enacted, That this act shall not take effect, nor said county of Jefferson be organized, nor any Supreme court hold any session therein, until the inhabitants of said county hereby created, shall pay to the inhabitants of said Montpelier, and other individuals, who assisted in building the state-house in said Montpelier, the full value of said state-house and the land on which it stands, so as to discharge the state from all liability to pay said value upon the legislature's ceasing to hold its session at said Montpelier; and be free from all obligations to hold any future sessions at said Montpe- lier, and be at liberty to hold their sessions in any part of this state which they shall think proper, without incurring any expense to the state in any way, on account of said state-house, and the said inhabitants of said county, so soon as they shall have paid for said state-house as aforesaid, and shall have rendered the said Legislature free to hold their sessions out from said Montpelier, without expense to this state, shall be entitled to receive from this state all the right and title this state has to said state-house and the land on which it stands.


On the question, will the House adopt the amendment to the bill, the yeas were 66, and the nays 102, so the amendment was rejected.2


1 A Description of the State Houses of Vermont, [1859,] p. 7. The completeness of Mr. Baldwin's work is indicated by an act of Novem- ber 11 1808, appointing Col. JAMES II. LANGDON of Montpelier sur- veyor of the public buildings, and appropriating not exceeding four hundred dollars for repairs, a bell, furniture, five maps of the State, painting the representatives' hall, and furnishing a suitable stove for the Council chamber. Printed Laws of 1808, p. 169.


2 Printed Assembly Journal of 1810, p. 120.


432


Appendix C.


Nov. 3 1812, on motion of Titus Hutchinson of Woodstock, a com- mittee of four members of the House, to join from Council, was ordered to inquire into the expediency of repealing the act of 1805, which made Montpelier the capital, and fixing upon some other place or places. Amos W. Barnum of Vergennes, James D. Butler of Rutland, William Baxter of Brownington, and John Noyes of Brattleborough constituted the committee of the House, and Elias Keyes was joined from the Coun- cil. On the 4th, the committee reported that the subject ought to be referred to the next session, which report was agreed to. On the 6th, on motion of Henry Olin of Leicester, the following was adopted:


Whereas it is thought by many of the good people of this state, that it is not consistent with the best interest of this state, that the seat of government should remain permanently fixed at Montpelier: and whereas it is represented that donations might be had, sufficient to pay the expense of erecting the state-house, at Montpelier, provided the leg- islature would hold their sessions alternately on each side of the moun- tain-Therefore,


Resolved, That one person in each of the counties of Rutland, Addi- son, Chittendon, Windsor, Orange, and Caledonia, be appointed, to re- ceive such proposals as may be made relating to the removal of the seat of government, and make their several reports to this general assembly, at their next October session.


Ebenezer Langdon of Castleton, Amos W. Barnum of Vergennes, ' Heman Allen of Colchester, Elisha Hotchkiss of Chelsea, Joseph Wins- low of Windsor, and William Cahoon of Lyndon constituted the com- mittee, the Governor and Council not having been asked to join. 1


Oct. 28 1813, the above named committee reported as follows:


MONTPELIER, Oct. 26, 1813.


To the honorable legislature of Vermont now in session .- The committee appointed by the honorable legislature, at their last session, to receive proposals from the inhabitants of the counties of Rutland, Addison, Chittenden, Windsor, Orange and Caledonia, relating to the removal of the seat of government, report:


That in case the present legislature should think it for the interest and convenience of the state, to remove the seat of government from the town of Montpelier,


The inhabitants of the city of Vergennes, in the county of Addison, propose to furnish the state with a commodious house in said city of Vergennes, for holding their future sessions-furnished with as many good stoves as may be necessary for their convenience and accommoda- tion: and also to pay the treasurer of the state, within sixty days, or at such other time as may be required, a sum equal to one half the present value of the state house, now erected in said Montpelier, and take a conveyance of the same with the appurtenances thereto belonging. The said inhabitants of Vergennes secondly propose, that in lieu of said proposition and conveyance, to pay the treasurer of the state the sum of two thousand dollars as aforesaid, and leave the disposal and benefit of said buildings and premises to the state.


The inhabitants of Windsor, in the county of Windsor, propose to furnish a suitable building for the accommodation of the legislature, and


1Printed Assembly Journal of 1812, pp. 182, 183, 192, 201, 202.


433


Appendix C.


also to pay to the treasurer of the state a sum equal to one half the present value of the state-house, at such time as may be required; and take a conveyance of the same as aforesaid.


The inhabitants of Burlington, in Chittenden county, propose to fur- nish the state with a suitable building for the accommodation of the leg- islature-and also to pay the treasurer of the state a sum equal to one half of the present value of the state-house in Montpelier, at such time as may be required; and take a conveyance of the same as aforesaid.


The foregoing propositions are made by the inhabitants of the city of Vergennes, and the towns of Windsor and Burlington, on conditions that the legislature shall, at their present session, pass a law establishing two of said towns as the permanent place for holding their future sessions, alternately, and those places only which are designated for the purpose aforesaid shall be holden to comply with the aforesaid proposals-and, should the said legislature hereafter think proper to remove their ses- sions from the aforesaid places, then and in that case it is expected and required, that the said state shall refund the aforesaid sums of money paid by the said inhabitants from the towns aforesaid.


All which is humbly submitted. AMOS W. BARNUM, for committee. Which was read and referred to a committee consisting of a member from each county.


Sylvester Deming of Arlington, James Shafter of Athens, Amos Thompson of Poultney, Abel Barron of Hartford, Elisha Bascomb of Shoreham, Daniel Kimball of Bradford, Joel Brownson of Richmond, Bradford Kinney of Plainfield, John Damon of Cabot, William Hamil- ton of Berkshire, William Howe of Derby, Gaius Kibbe of Minehead now Bloomfield, and Stephen Pettes of Alburgh were appointed the committee, and the report was made and disposed of on the 6th of No- vember, as follows:


The committee consisting of a member from cach county, to whom was referred the report of a committee appointed at the last session, to receive propositions for the removal of the seat of government, made report, that they have taken into consideration the proposals from the towns of Windsor, Burlington, and Vergennes, for altering the place of the future sessions of the legislature, and are of opinion that the remo- val of the seat of government from Montpelier, is inexpedient and im- proper.


Which report was read and accepted, and on the question will the house accept the report of the committee ? the yeas and nays were taken, and were as follows, viz. Ycas, 121; Nays, 55.1


At the session of 1824, Isaac N. Cushman of Hartland introduced a bill establishing the permanent seat of the legislature at Burlington and Windsor, which was read and referred, and subsequently reported, when Daniel Cobb of Strafford moved to dismiss the bill, which was agreed to,


1 Printed Assembly Journal of 1813, pp. 77, 78, 79, 126, 127. The names of members have been omitted; but as Lieut. Gov. IIenry Olin introduced the resolution of 1812, for a committee to receive proposals, the facts should be stated that he voted for the acceptance of the above report against removal from Montpelier, and still again favored Mont- pelier in 1824.


28


434


Appendix C.


yeas 118, nays 49.1 This bill was debated by several of the ablest men of the State of that day, as appears by the following account in the Bel- lows Falls Intelligencer of Dec. 6 1824:


[MONTPELIER, ] Saturday, Nov. 14 [1824.]


The bill for removing the seat of Government from Montpelier to Burlington and Windsor alternately, was read, when Mr. Cobb moved that the bill be dismissed, and a humorous debate ensued. Messrs. Ev- erett [Horace of Windsor,] Haight [Stephen of Monkton,] Cushman [Isaac N. of Hartland,] Adams [Charles of Burlington,] and Chase [Dudley of Randolph,] took part against the motion, and Messrs. Olin [Henry of Leicester,] Fitch [Lyman of Thetford,] Fletcher [Isaac of Lyndon. ] Mattocks [John of Peacham,] Arnold [Samuel of London- derry,] Rice [Amos of Worcester,] Prentiss [Samuel of Montpelier,] Hutchinson [Titus of Woodstock,] and Bell [James of Walden,] in favor of dismissing the bill.


The question occupied the attention of the House the whole of the forenoon and was decided in favor of dismissing the bill, yeas 118, nays 49.


THE SECOND STATE HOUSE AT MONTPELIER, 1836 TO 1857.


Oct. 21 1831, Rodney C. Royce of Rutland moved a resolution au- thorizing the Committee of Ways and Means to inquire into the expe- diency of appointing commissioners to receive proposals from the citi- zens of Montpelier, Burlington, Woodstock, Windsor, and Rutland, for the erection of a new State-House. Middlebury and Randolph were added, and the resolution was made the order of the day for the 24th, when it was amended so that proposals might be received from every town in the State. Milton Brown of Worcester moved to dismiss, which was negatived, 99 to 81, and then the resolution was agreed to. Nov. 2, the Committee recommended the appointment of two commissioners; but on the 4th, Rodney C. Royce moved a joint resolution authorizing the Governor to appoint four commissioners, which was adopted by the House, and nonconcurred in by the Governor and Council on the 8th. On the 9th, on motion of Udney Ilay Penniman of Colchester, the House appointed, without asking the concurrence of the Governor and Council, Ezra Meech of Shelburne, Robert Temple of Rutland, Allen Wardner of Windsor, and Timothy Hubbard of Montpelier, " a commit- tec to receive proposals from the inhabitants of the different towns in this state for the erection of a new state-house, and make report to the next session of the legislature." 2


Oct. 22 1832, Messrs. Temple, Wardner, and Hubbard, of the commit- tee, reported that a committee of the citizens of Burlington offered thir- ty thousand dollars; on the 24th Messrs. IIubbard and Wardner further


1 Printed Assembly Journal of 1824, pp. 117, 120, 182.


2 Printed Assembly Journal of 1831, pp. 53, 66, 123, 139, 157, 169.


435


Appendix C.


reported that a committee of the citizens of Montpelier offered ten thousand dollars, or one third part of the expense of building the pro- posed house; 1 and on the same day Augustus Young of Craftsbury in- troduced a bill authorizing the erection of a State-House at Montpelier, which was referred to a committee of one member from each county, to wit, Mark Richards of Westminster, Isaac N. Cushman of Hartland Ilarry Hale of Chelsea, John S. Robinson of Bennington, Rodney C Royce of Rutland, Edward D. Barber of Middlebury, Timothy Follett of Burlington, Azel Spalding of Montpelier, Augustine Clarke of Dan- ville, George C. West of Brownington, John Dewey of Guildhall, Thos. Waterman of Johnson, and Joel Allen of North Hero. Oct. 30, Timo- thy Follett of Burlington introduced a bill establishing the permanent scat of the Legislature at Burlington, which was referred to the same committee. Nov. 2, on motion of Amasa Pride of Waterbury, the com- mittee was instructed to inquire into the expediency of locating the State-IIouse at Waterbury, on condition that the town or individuals " will in part be at the expense of erecting the house." Nov. 5, Azcl Spalding of Montpelier introduced a bill " authorizing the building of a State-House at Montpelier," and on the same day the select committee reported a bill " for the purpose of erecting a State-House, and perma- nently locating the seat of Government," both of which were laid on the table. On the same day Mr. Young called up the bill of the committee and other papers and proposals on the subject, and the House went into committee of the whole, Wyllys Lyman (then of Hartford, afterward of Burlington,) in the chair. Mr. Follett moved to amend the bill by fix- ing Burlington as the capital, which was supported by Messrs. Follett of Burlington, Rodney C. Royce of Rutland, and Giles Harrington of Alburgh, and opposed by Isaac N. Cushman of Hartland, and Seth Aus- tin of Tunbridge. John Smith of St. Albans interposed a motion to postpone the bill to the next session, which was supported by Messrs. Allen Wardner of Windsor, Royce of Rutland, Follett of Burlington, Ebenezer N. Briggs then of Salisbury, and Selah II. Merrill of Castle- ton, and opposed by Messrs. Spalding of Montpelier, Samuel Arnold of Londonderry, Harry HIale of Chelsea, Augustine Clarke of Danville, Samuel Austin of Tunbridge, and Cushman of Ilartland, and negatived, 120 to 86. The question then recurred on the motion to make Burling- ton the capital, which was supported by Mr. Follett of Burlington, op- posed by Mr. Cushman of Hartland, and negatived, 136 to 62. The committee then reported the bill without amendment. This bill was then. laid on the table, and the bill of Mr. Spalding taken up, which located the capital at Montpelier.2 Mr. Follett of Burlington then moved to


1 Subsequently fixed at $15,000.


2 This does not appear in the House journal, but in the newspaper re- ports, and is confirmed by the record of the laws of the session, which shows that Mr. Spalding's bill was passed.


436


Appendix C.


postpone the bill to the next session, which motion was supported by Mr. Follett, opposed by Augustus Young of Craftsbury, and negatived, 111 to 92. " The discussion throughout was gentlemanly, and charac- terized by much good feeling and candor." Mr. Spalding's bill was ordered to the third reading, 114 to 91; was passed on the 18th of No- vember, 115 to 83; and on the same day was concurred in by the Gover- nor and Council, 10 to 2.1 The act was as follows:




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.