USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 6
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The Petition of Jonathan Parker and others was received from the House with the following orders thereon: "In General Assembly Octr. 25th, 1804, Referred to Messs. Chipman, Hendee, and I. [Isaiah] Fisk. Attt. M. Post Clk. Nov. 2d, 1804, on motion Ordered, That Messs.
1 One of the reasons doubtless was that no complaint against the judges had reached the Council. The result of the inquiry in the House was to relieve the judges from any blame in the matter of fees, in the opinion of the committee ; but the House accepted the facts of the re- port without any opinion as to the law of the case. See printed Assem- bly Journal, Oct. 1, 1804, p. 369. In 1805, the investigation was re- newed, and it resulted in a resolution declaring that the fees complained of " were taken by said judges with upright views, and that they are by law made judges of what is a reasonable and fair construction of the fee bill." This was accepted 100 to 82-a party division probably .- See printed Assembly Journal of 1805, pp. 32, 37, 48.
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Governor and Council-November 1804.
J. Clap & DeForest be added to the foregoing Committee, and that the Committee join such Committee as the Council may appoint. Attest M. Post Clk."-which was read and Resolved, That Mr. Shepardson join the Committee from the House.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act granting to the Common Council of the City of Vergennes Liberty to raise by Lottery the sum of Two Thousand Five Hundred [dollars] for the purpose of building a Bridge over Otter Creek," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to Mr. Spooner.
The Committee on the Bill Entitled "An act for the relief of the Proprietors of Concord in a certain case therein mentioned," reported the following amendments-after the word "same" in the Sth Line of the 1st section insert the following words, "which minutes of such former votes and proceedings shall be preserved on file in the Proprietors' Clerk's Office of said Concord." Erase the 2nd Section and add this Section in its place, "Sec. 2nd. And be it further enacted, That true and attested copies of such votes and proceedings, so recorded as aforesd. may be read in evidence in any Court of Justice in this State"-and after the word "remain" in the Preamble erase the Remainder thereof and add the following words, "partly on loose Pieces of paper and partly in a Book, some of which are not properly attested by the Clerk, which evil to remedy"-which were adopted and on Motion Resolved, to con- cur with the House in passing said Bill into a Law as amended, and Mr. Loomis requested to assign the Reason for the same to the House.
Adjourned to 9 O'clock Tomorrow morning.
SATURDAY November 3rd, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
The Committee on the Bill Entitled " An act reviving certain acts laying Land-Taxes on the Towns therein mentioned," &c. reported sun- dry amendments, viz. Erase the Preamble of the Act, and after the word " three " in the 4th Line of the 1st Sech erase the remainder of the Bill and insert the following, "assessing a Tax of Two Cents per acre on Craftsbury, of three cents per acre on Lutterloch [Lutterloh, now Al- bany,] and of three cents per acre on Hardwick, be and the same are hereby revived and shall have the same force and effect as if they had passed at the present Session of the Legislature. Sec. 2nd. And it is hereby further enacted, That David P. Cobb of Lutterloch be and he hereby is appointed a member of the Committee to superintend the expenditure of the Tax on the Town of Lutterloch in the place of Elea- zer Cobb therein named, and that Samuel French of Hardwick be and he hereby is appointed a member of the Committee to superintend the expenditure of the Tax assessed on Hardwick in the place of Levi Good- ridge, any thing to the contrary in the said acts notwithstanding"- which amendments were adopted and Resolved, To concur with the House in passing the said Bill into a Law as amended, and Mr. Fletcher requested to inform the House of the Reasons of Council in adopting those amendments.
The following Resolution was introduced: "In Council Novr 3, 1804, Resolved that a Committee of one be appointed, to join such Committee as the House of Representatives may appoint, to distribute the Election Sermons and the Proclamation for Thanksgiving "-which was read, adopted, Mr. Shepardson appointed the Committee from Council, and Ordered, That the Secretary carry the same to the House and request their concurrence.
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Governor and Council-November 1804.
The Committee on the Bill Entitled "An act to lay out and survey a road from the place where the Bridge over Connecticut River was erected in Norwich to Chelsea Court House," reported that it ought to pass, whereupon it was Resolved, To conenr with the House in passing said Bill into a Law.
The following Resolution was laid on the Table-"In Council Novr. 3d, 1804, Resolved, the House of Representatives coneurring therein, that the Two Houses meet in joint Committee in the Representatives' Room, on Tuesday next, at the opening of the House in the afternoon, to make a choice of a Major General of the Third Division of the Militia of this State, which office has become vacant by the Resignation of Major Gen1. Martin Chittenden" -- which was read, adopted, and Ordered, That the Secretary carry the same to the House and request their concur- rence.
- Pursuant to the concurrent Resolution of both Houses the Governor and Council proceeded to the Representatives' Room for the purpose of Choosing the Electors of President and Vice President of the United States, and having compleated the same, returned to their Chamber and resumed the consideration of business. 1
An Engrossed Bill, passed in the House of Representatives, Entitled "An act granting relief to Capt" John Vincent, a poor Indian," was sent up to the Governor and Council for their Revision &c. and being read was on motion amended by erasing the name of "John Fuller" in the 6th line and inserting the name of "Elias Keyes." and then Resolved, To concur in passing the same into a Law as amended .?
An Engrossed Bill, passed in the House of Representatives, Entitled "An act directing the Treasurer to pay Elias Stevens the sum therein mentioned," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to Mr. Keyes.
An Engrossed Bill, passed in the House of Representatives. Entitled "An act laying a Tax of Three Cents per acre on the Town of Groton," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, To concur with the House in passing the said Bill into a Law.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- Mr. Buckingham, from the House, returned the Resolution of Council respecting the time of Electing a Major Gen1. of the Militia with the following order thereon-"In Gen' Assembly Nov. 3d, 1804, Read and resolved to concur in this Resolution with a proposed amendment, insert "Monday" instead of "Tuesday," and that Mr. Buek- ingham be a Committee to carry up the same to the Governor and Council with the Reasons of the House. Attest M. Post Clk."-which Resolution and order of the House thereon being read it was Resolved, To concur with the House in their proposed amendment.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act in alteration of and revival of an act Entitled An act assessing a Tax of Two Cents per acre on the Town of Westford," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be referred to Messs. Galusha and Loomis.
The Committee on the Bill Entitled "An act to revive and alter an act laying a Land-Tax on Swanton," reported the following amendments
1 The electors chosen were Josiah Wright, Samuel Shaw, Ezra Butler, Nathaniel Niles, William Hunter, and John Noyes, one of whom was then a member of the Council, and three were members of the House.
2 See ante, p. 24, note.
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Governor and Council-November 1804.
-after the last word in the 7th Line of the Preamble of the act insert the word "Therefore," and erase the remainder of the preamble-after the last word in the 4th Line in the 3rd Sec. erase the remainder of the Section and insert the words "on the Roads in the Town of Swanton. as the Committee shall think most convenient," and in the 4th Sec. after the word " the" in the 1t line erase the remainder of the Section and add the following, "act passed the twelfth day of November one thousand eight Hundred and two, Entitled "An act in addition to and for reviving an act laying a Tax of Two Cents per acre on the Town of Swanton, for the purposes therein mentioned," be and hereby is repealed,"-which were adopted and on motion Resolved, To concur with the House in passing said Bill into a Law as amended, and Mr. White appointed to inform the House of the Reasons of Council in adopting those amend- ments.
A Bill Entitled "An act establishing a Jurisdictional line between Peru and Landgrove," was recd from the House with this order thereon: "In Gen1 Assembly Nov. 3, This Bill was brought in on motion of Mr. Utley, read and referred to Mess. Emerson, B. Harrington, and Beach to join Committee from Council. Attest M. Post Clk."-which was read and Resolved, That Mr. White join the Committee from the House.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act to free the body of Sylvanus Brigham from arrest on civil pro- cess for the term therein mentioned," was sent up to the Governor and Council for their Revision &c. and being read it was on Motion Re- solved, To nonconcur with the House in passing the said Bill into a Law for the following reasons: 1st. That it does not appear by the Petition but that the Petitioner is entitled to the benefits already provided for poor Debtors by an act in alteration of and to amend an act Entitled " An act relating to Goals and Goalers and for the relief of persons im- prisoned therein, passed March 9th A. D. 1797 "-and 2nd. It does not appear that the Petitioner has complied with the Law requiring Peti- tions for acts of Suspension to be advertised.
The Committee on the Bill Entitled " An act authorising the Propri- etors and Landowners of Stow in the County of Chittenden to make out, accept and confirm any Division or Divisions &c, reported that it ought not to pass; whereupon it was Resolved, To nonconcur with the House in passing the said Bill into a Law for the following reasons: "According to this Bill the majority may deprive individuals of their im- provements and habitations and place them on Unimproved Lands. altho' such Individual may have honestly purchased and paid for the Land he occupies. Altho' Proprietors of Towns are authorised to divide their Lands by vote, yet the Governor and Council cannot think that any body of men ought to be empowered to dispose by vote of the pri- vate property of Individuals. It does not appear to the Governor and Council that all concerned acquiesce in the provisions of this Bill, with- out which the Government seem not to possess the power of making them."
Adjourned to 9 O'clock Monday morning.
MONDAY November 5th, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act making Provisions for the payment of Prosecutions in certain cases therein mentioned," was sent up to the Governor and Council for their Revision &c. and being Read it was on motion Resolved, That it be referred to Gov. Brigham and Mr. Galusha.
40
Governor and Council-November 1804.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act to provide for the authentication of certain Records in the Town of Westfield," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, To concur with the House in passing the said Bill into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled " An act to alter and amend an act appointing a Committee to lay a Road from Guildhall to Danville," was sent up to the Governor and Council for their Revision &c. and being read it was Resolved, That it be refer- red to Mr. Shepardson.
Mr. D. Chipman, from the House, returned to the Governor and Council the Bill Entitled "An act directing Recording Officers in their Office and Duty," with certain proposals of Amendment made by the House to the Bill, upon which it was Resolved, To concur in all of them except the one proposing a new Section to be added to the Bill, and Mr. Galusha requested to inform the House for what reasons the Council could not consent to that Amendment.
The following Resolution of the House was read and ordered to be entered on the Journals-"In Gen' Assembly Nov. 3, 1804, Resolved, To concur with the Governor and Council in their proposed Amend- ments to the Bill Entitled "An act to revive an act laying a Tax on Swanton." Extract from the Journals, Attest M. Post Clk."
This Resolution was received from the House-"In General Assem- bly Noyr. 5th, 1804, Resolved, the Governor and Council concur- ring therein, that the Treasurer of the State be and he hereby is requested to lay before the General Assembly as soon as may be a statement of all the demands in favor of the State against the several Sheriff's. Introduced by Mr. [Jas.] Fisk, Read and passed. Attest M. Post Clk."-which was read and concurred.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act in addition to an act Entitled an act altering the times of hold- ing the County Courts in the Counties of Chittenden and Addison." was sent up to the Governor and Council for their Revision &c. read and Resolved, To concur with the House in passing the same into a Law.
A Bill Entitled "an act annexing Parker's Gore to Medway [Mendon] and making a Town by the name of Parkerstown," was sent up to Council with this order of the House thereon-"In General Assembly . Nov. 3d, 1804, Read any ordered to be amended by erasing that part of the Bill which goes to altering the name of Medway, [and] recommitted to the Committee on the Petition accompanying to join. Attest M. Post Clk."-in which Reference the Council concurred.
The following Bills, passed in the House of Representatives, were sent un to the Governor and Council for their Revision &c .- " An act for the relief of Alexander Plumley," and " An act directing the Treasurer of this State to issue Certificates in payment of the Debenture of the pres- ent Session of the Legislature," and being severally read and considered it was on motion Resolved, To concur with the House in passing them into Laws.
A written Message was recd from the House as follows-" In General Assembly Novr. 5, 1804, Resolved to concur with the Governor and Council in their proposed amendments to the following Bills, to wit, A Bill Entitled " An act authorising and empowering the Treasurer to sell and convey certain Lands in Wilmington " &c .; A Bill Entitled "An act for the relief of the Proprietors of Concord;" A Bill Entitled " An act granting relief to Capt". John Vincent, a poor Indian;" A Bill Entitled " An act reviving certain acts laying Land-Taxes " &c .- And that the House rescind [recede] from their Vote adding a new Section to the
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Governor and Council-November 1804.
Bill Entitled " An act directing County, Town, and Society Clerks in their Office and Duty." Extract from the Journals, Attest M. Post Clk."
. An Engrossed Bill, passed in the House of Representatives, Entitled " An act in addition to and in explanation of an aet constituting the Supreme Court " &c. was sent up to the Governor and Council for their Revision &c. read and Resolved, That it be referred to Mr. Galusha.
Mr. Niles introduced the following Resolution: " Resolved that
-be a Committee to confer with such Committee as the Gent Assem- bly may appoint on the Bill Entitled " An act enabling the Clerk of the County of Caledonia to record the Sales of Robert Whitelaw, a Collec- tor," and to report thereon to the two Houses "-which was adopted, the Blank filled with the name of Mr. Niles and Ordered, That the Secre- tary carry it to the House and request their concurrence.
Mr. Potter from the House returned the Bill Entitled " An aet to rat- ify and confirm the Election of a Collector of Land-Tax in Bridgewater," which was nonconcurred by Council Nov. 2nd, and after assigning the Reasons why the House insisted upon the passing the Bill, which they had again done, he withdrew.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- The Governor and Council, pursuant to the Con- current Resolution of both Houses, met the House of Representatives in joint Committee in their Room, and having accomplished the busi- ness of their meeting the Committee was dissolved and the Governor and Council returned to their Chamber.1
The Committee on the Bill Entitled "An act granting to the Common Council of the City of Vergennes liberty to raise by Lottery the sum of Two Thousand five Hundred Dollars for the purpose of building a Bridge over Otter Creek in said City," reported that the same ought to pass, which Report was not accepted, and on motion Resolved, To non- concur with the House in passing the said Bill into a Law, and Mr. Shepardson was requested to draught the reasons of Conneil for sneh nonconcurrence, which he did, and were adopted, as follows: "1st, Be- cause Institutions of this kind tend to invite individuals to enter into Speculations in obtaining property different from the modes dictated by honest Industry. 2ndly, Because the experience of this Government has taught us that Lotteries have created greater evils to community than they were designed to remove."
Mr. Galusha asked and obtained leave to introduce the following Bill Entitled "An act appointing a place for the meeting of the Electors of this State for Electing a President and Vice President of the United States," which was read and Resolved, That it pass, and ordered to be engrossed and sent to the House of Representatives for their Con- currence.
An Engrossed Bill, passed in the House of Representatives, Entitled "An aet laying a Tax of Two Cents per acre on the Town of Barton," was sent up to the Governor and Council for their Revision &c. and being read it was on motion Resolved, To coneur with the House in passing the said Bill into a Law.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act annexing a part of the Town of Peru to the Town of Dorset," was sent up to the Governor and Council for their Revision &e. which was read and on motion Resolved, To nonconcur with the House in
1 Brig. Gen. Samuel Strong was elected Maj. General of the third division of Vermont militia.
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Governor and Council-November 1804.
passing the said Bill into a Law for the following reasons, to wit: "It would be highly injurious and a violation of corporate priviliges to annex a part of any Town to another without the free assent of the majority of the Inhabitants of each, first had and obtained, at a legal meeting of the Inhabitants convened for the purpose. This does not appear to have been the case in the present instance."
The Committee from both Houses on their joint resolution relative to empowering Methodist Ministers to celebrate marriage, reported a Bill which was read and ordered to lie on the Table.
The Committee on the Bill Entitled "An act in addition to and in explanation of an act constituting the Supreme Court" &c. reported that it ought to pass, whereupon it was Resolved, To concur with the House in passing the same into a Law.
"An act to ratify and confirm the Election of a Collector of a Land- Tax in Bridgewater" was again Read and on motion Resolved, That the Governor and Council do rescind from their nonconcurrence in said Bill, and that they concur with the House in passing the same into a Law.
Adjourned to 9 O'clock Tomorrow Morning.
RUTLAND, Tuesday, November 6th, 1804, 9 O'clock A. M.
The Council met pursuant to adjournment.
An Engrossed Bill, passed in the House of Representatives, Entitled "An act explanatory of a Provision in sundry Turnpike Grants," was sent up to the Governor and Council for their Revision &c. read & Resolved, That it be referred to Messs. Galusha and Loomis.
The following Resolution was received from the House-"In General Assembly Nov. 6th, 1804, Resolved, the Governor and Council concurring therein, that a Committee of Three be appointed on the part of this House, to join such Committee as the Governor and Council may ap- point, to take into consideration and report what business is now before the General Assembly necessary to be acted upon, and at what time the General Assembly may adjourn. Introduced by Jas. Fisk, Read, passed and Messs. E. Butler, Chipman, and Baker appointed a Committee on the part of the House. Extract from the Journal, Attest, M. Post Clerk"-which was read, concurred, and Mr. Wheelock appointed to join the Committee from the House.
The Report of the Committee of Both Houses, appointed to point out the manner in which the Laws of the United States should be distrib- uted, was received from the House with these orders thereon-"In Gen- eral Assembly Nov". 3rd. 1804, Read and ordered to lie on the Table. Nov. 5th, called up, rejected and recommitted to the same Committee. Attest M. Post Clk "-which was read and Resolved, To concur in the above recommittment.
A Bill Entitled " An act to suspend the Collection of Certain Costs," was received from the House with this order thereon-"In General As- sembly Octr. 27th, 1804, This Bill, introduced on Motion of Mr. Buel, was read and referred to Mess. Norton, Aiken, and Moffett. Nov. 5, Com- mittee directed to join Committee from Council. Attest M. Post Clk " -which was read and on motion Resolved, That Mr. Keyes join the above Committee from the House.
The Committee on the Bill Entitled "An act instituting, defining and regulating the office of Comptroller of the Public accounts," with leave laid it on the Table of Council, and it being under consideration it was on motion Resolved, To nonconcur with the House in passing the sant
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Governor and Council-November 1804.
[bill] into a Law, and Mr. Galusha was requested to inform the House of the Reasons of Council for such nonconcurrence.
The Committee on the Bill Entitled " An act for the Relief of Aaron Henry Junr. and the sureties of the said Aaron Henry Junr." reported that they could not agree with regard to the principle embraced by the Bill, and after making a Statement of facts, submitted it to Council whether the said Bill should pass, whereupon it was Resolved, To non- concur with the House in passing the same into a Law for these Rea- sons to wit, 1st. We find that no such conviction. as is set forth in said Bill, has ever been had against the said Aaron Henry Junr,, but that a Verdict of the Jury of Guilty was returned into Court against him, and that after the Verdict as aforesaid, and before the entering up of Jude- ment and pronouncing sentence, the said Henry, with the consent of his Bail, withdrew from the Court, so that no sentence has ever passed against sd Henry and of course he is not rendered infamous or deprived of any of the privileges of a citizen of this State, in consequence of any pro- ceedings in said Tryal. And, further, as he voluntarily deserted his trial and the Bonds being called out and chancered by the Court, he cannot by the usages of Law, or any custom heretofore adopted by this State. now be entitled to a trial in said Cause, but if this Legislature is dis- posed to grant any relief in the premises, in the opinion of this Coun- cil. it ought to be by further Chancering the Bonds. 2nd. We apprehend that a precedent of this kind will be attended with serious evils if a De- linquent may, after voluntarily forfeiting his Bonds, be restored to a new trial when the Witnesses are of course released from any obligation of further attendance on said Court to testify against such delinquent. and, as the case may be, gone beyond the knowledge of the Prosecutor and possibly by the procurement of such delinquent. It will in our opinion be subversive of general justice as well as expensive to this State.
Adjourned to 2 O'clock P. M.
2 O'CLOCK P. M .- An Engrossed Bill, passed in the House of Repre- sentatives, Entitled “ An act in addition to an act Entitled an act to alter and amend an act appointing a Committee to lay out and survey a public Road from Berkshire to Brandon," was sent up to the Governor and Council for their Revision &c. read and on motion Resolved, That it be referred to Mr. White.
The Bill passed in Council, Entitled " An act appointing a place for the meeting of the Electors of President and Vice President of the United States," was returned from the House with certain proposals of amendment made to the Bill by that Body, which were read and Ro- solved To coneur with the House in the amendments by them proposed. An Engrossed Bill, passed in the House of Representatives, Entitled " An act granting Belief to Nathan Osgood Esquire of Rutland." was sent up to the Governor and Council for their Revision &c. read and Resolved, That it be referred to Messs. Galusha and White.
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