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RECORDS 


'  -  ■■  :/ 


OF    THE 


GOVERNOR  AND  COUNCIL 


OF    THE 


STATE  OF  VERMONT. 


voi.umh:  y. 


EDITED  AND   PUBLISHED  BY   AUTHORITY  OF  THE  STATE 

By  E.  p.  WALTON. 


MONTPELIER: 
STEAM  PRESS  OF  J.  &  J.  M.  POLAND. 

1877. 


*  r 


v.^^ 


CONTENTS  OF  VOLUME  V. 


I.  PORTRAIT  of  Gov.  Jonas  Galusha,  frontispiece. 

II.  RECORD  of  the  GOVERNOR  AND  COUNCIL,  Twenty- 

Eighth  Council,  Oct.  1804  to  Oct  1805. 1-55 

Twenty-Ninth  Council,  Oct.  1805  to  Oct  1806 6^-99 

Thirtieth  Council,  Oct,  1806  to  Oct  1807 100-146 

Thirty-First  Council,  Oct  1807  to  Oct  1808 147-185 

Thirty-Second  Council,  Oct.  1808  to  Oct.  1809 186-237 

Thirty-Third  Council,  Oct  1809  to  Oct.  1810 238-278 

Thirty-Fourth  Council,  Oct  1810  to  Oct  1811 279-313 

Thirty-Fifth  Council,  Oct  1811  to  Oct  1812 314-343 

Thirty-Sixth  Council,  Oct  1812  to  Oct  1813 344-386 

III.  APPENDIX  A.— Governor's  Speeches  to  the  Gen- 

eral Assembly,  1804  to  1812 387-411 

Of  Gov.  Tichenor  in  1804,  387— extract  frona  reply  thereto, 
388;  in  1805,  389— reply  referred  to,  391;  in  1806,  391— 
reply  referred  to,  393;  in  1808,  396— extract  from  the 
reply,  &c.,  398.  Of  Gov.  Israel  Smith  in  1807,  393— 
reply  referred  to,  396.  Of  Gov.  Galusha  in  1810, 402— 
reply  referred  to,  405;  in  1811,  405— reply  referred  to, 
408;  in  1812,  408 -reply  referred  to,  411. 

IV.  APPENDIX  B.— Amendments  to  the  Federal  Con- 

stitution   412-422 

Proposition  to  exclude  slaves  in  the  apportionment  of  Rep- 
resentatives in  Congress,  412.  To  prevent  the  importa- 
tion of  Slaves,  415.  To  limit  the  jurisdiction  of  Federal 
Courts,  416.  For  removal  from  office  of  Judges  of  the 
Federal  Courts,  418.  For  removal  from  office  of  United 
States  Senators,  420.  To  limit  the  power  of  Congress 
as  to  acts  of  Erabarffo,  420.  For  a  triounal  to  determine 
disputes  between  the  General  and  State  Governments, 
421.  To  prevent  the  acceptance  of  office  from  foreign 
Governments  by  citizens  of  the  United  States,  421. 

V.  APPENDIX  C— State  Capitals,  and  State-Houses..  .423-442 
Places  of  sitting  of  the  General  Assembly  and  of  the  Gov- 
ernor and  Council  at  special  sessions,  from  1778  until 

1806,  423-4;  Rutland  and  Windsor  State  Capitals  under 
the  act  of  1791,  423-4;  Montpelicr  the  State  Capital  sub- 
sequent to  1807,  424-427;  act  making  it  the  permanent 
Capital,  427;  proposed  removal  from,  431-434;  the  first 
State-House  at  Montpelier,  history,  description,  and  en- 
graving of,  427-431;  the  second  Slate-House  at  Mont- 
pelier, nistory,  description,  and  plate  of,  434-439— destruc- 
tion of,  439—  engraving  of  the  ruins  facing  page  442;  the 
third  State-House  at  Montpelier,  history  and  engraving 
of,  440-442. 

VL    APPENDIX  D.— The  Vermont  State  Bank,  1806  to 

1812 443-151 

Demand  for  private  banks  rejected,  443;  act  establishing  a 
State  Bank,  444 ;  history  of,  446-451 ;  act  to  close  the 
Bank,  449. 


iv  Contents* 

VII.  APPENDIX  E.— The  Northern  Boundary-Line  of 

Vermont 452-456 

Letter  from  Gen.  Pbilip  Schuyler  to  Gov.  Tichenor  in  1804, 
452;  act  to  ascertain  the  boundary  line,  454;  appointment 
of  Rev.  Dr.  Samuel  Williams  as  Commissioner,  and  his 
Report,  454;  the  matter  referred  to  the  President,  455; 
action  under  the  treaty  of  Ghent,  456;  the  true  line  still 
unascertained,  456. 

VIII.  APPENDIX  F.— Addresses  of  the  General  As- 

sembly TO  Presidents  of  the  United  States... 457-465 
To  Prest.  Jefferson  in  1806,  457— his  reply,  458;  in  1807, 
459;  his  reply,  460.    To  Prest.  Madison  in  1809,  461; 
his  reply,  463;  Declaration  to,  Oct.  13  1812,  464. 

IX.  APPENDIX  G.— The  State  Prison 466-471 

Proposals  for  and  report  on,  467;  act  for  constructing,  468; 

Commissioners  to  construct,  and  their  report,  embracing 
a  description  of  the  first  prison,  469  ;  sUitistics,  1809  to 
1876  inclusive,  471. 

X.  APPENDIX  H.— British  Intrigue  in  New  England, 

1809 472-499 

The  Embargo  in  Vermont,  1808  to  1812 472-478 

Letters  of  Prest.  Jefferson  on  the  enforcement  of  the  em- 
bargo, 473;  his  circular  on  the  same  subject,  477  ;  ex- 
citement in  Vermont,  and  murders  in  the  Black  Snake 
affair,  474-476. 

The  Craig-Henry  Correspondence  in  1809 478-499 

Message  of  Prest.  Madison  communicating  it,  478;  the  Brit- 
ish policy  in  1809  identical  with  that  of  the  Haldimand 
Correspondence  of  1780-83,  479 ;  John  Henry  to  the 
President,  479;  Gov.  Craig  employs  Henry — his  instruc- 
tions and  credentials,  480-482  ;  Henry^s  Letters  from 
New  England  to  Gov.  Craig,  482-494;  documents  prov- 
ing the  complicitv  of  the  British  home  government 
in  this  affair,  494-498;  report  of  U.  S.  Secretary  of  IState 
on  Henry's  letters,  498;  report  of  Committee  on  For- 
eign Relations,  498;  extract  on  from  the  manifesto  on 
the  war  of  1812,  499. 

XL    APPENDIX   I. — Domestic    Manufactures  in  Ver- 
mont, 1809 500-501 

Resolution  to  wear  domestic  cloths 182 

XII.  APPENDIX   J. — Correspondence  between   Got. 

Tichenor  of  Vermont  and  Gov.  Craiq  of  Canada 
in  1809,  on  the  suppression  of  counterfeiting  in  Canada. 502-504 
Gov.  Tichenor  to  Gov.  Craig,  502;  Gov.  Craig  to  Gov.  Tich- 
enor, 503;  Josiah  Dunham  to  Gov.  Tichenor,  and  Gov. 
Tichenor  to  Gov.  Galusha,  504;  Dunham^s  mission  suc- 
cessful, 505. 

XIII.  ADDITIONS  AND  CORRECTIONS 406-546 

Origin  and  Causes  of  the  Union  of  New  Hampshire 

Towns  with  Vermont  in  1778  and  1781 506-543 

See  General  Index,  Union,  Eastern^  for  documents. 
Letter  of  Gen.  David  Wooster  to  Col.  Seth  Warner,  Jan. 
1776.  544;   miscellaneous  additions  and  corrections,  544- 
546.' 

XIV.  GENERAL  INDEX 547 


TWENTY- EIGHTH  COUNCIL. 


OCTOBER  1804  TO  OCTOBER  1805. 


Isaac  Tichenor,  Bennington,  Governor. 
Paul  Briqham,  Norwich,  Ideut,  Qovei'nor. 

Councillors: 


Samuel  Safford,  Bennington, 
Nathaniel  Niles,  West  Fairlee, 
Jonas  Galusha,  Shaftsbury, 
John  White,  Georgia, 
Beriah  Loomis,  Thetford, 
Noah  Chittenden,  Jericho, 

William  Page,  Jr.,  Secretary, 
Arunah  W.  Hyde,  Sheriff,^ 


Eliakim  Spooner,  Westminster, 
James  Witherell,  Fairhaven, 
Asaph  Fletcher,  Cavendish, 
Elias  Keyes,  Stockbridge, 
Samuel  Shepardson,  Guilford, 
Ebenezer  Wheelock,  Whiting. 


POLITICAL  NOTE. 

The  Councillors  are  the  same  as  in  the  preceding  year.  Spooner's  Ver- 
rnont  Journal  embraced  the  above  list  of  Councillors  in  the  *'  Washing- 
ton and  Jefferson  Ticket  ^^  previous  to  the  election,  and  on  printing  the 
result,  Oct.  16  1804,  commented  thus: 

The  increase  of  Republican  principles  in  this  state  far  exceeds  our 
expectation.  Last  year  the  difference  between  the  lowest  Republican 
candidate  for  Councillor,  and  the  highest  Federal,  was  500  votes:  This 
year  the  difference  is  2000 — notwithstanding  we  have  a  Federal  Governor, 

The  Windsor  Federal  Gazette,  of  Aug.  21  1804,  placed  the  name  of 
Jonas  Galusha  at  the  head  of  *^  Federal  Nominations,''  as  did  also  The 
(Brattleborough)  Beporter  of  September  1  1804,  and  the  result  showed 


'Mr.  Hyde  is  supposed  to  be  the  son  born  to  Capt.  Jedediah  Hyde 
and  Mary  Waterman,  at  Norwich,  Conn.,  Sept.  21  1768.  Capt.  Hyde 
resided  in  Pawlet  and  Poultney  from  about  1782  until  1788,  when  he 
removed  to  Hydepark.  Castleton  is  supposed  to  have  been  the  resi- 
dence of  Sheriff  Hyde.— See  Vt.  Historical  Magazine,  Vol.  2,  pp.  635 
and  636. 
1 


2  Political  Note. 

that  Mr.  Galusha  received  3010  votes  more  than  the  highest  candidate 
on  the  Jeffersonian  Republican  ticket.  The  Federal  candidates  for  ex- 
ecutive officers  were  Isaac  Tichenor  for  Governor,  General  Zebina  Cur- 
tis for  Lieut.  Governor,  and  Benjamin  Swan  for  Treasurer;  and  the 
Republican  candidates  were  Jonathan  Robinson  for  Governor,  Paul 
Brigham  for  Lieut.  Governor,  and  William  Hunter  for  Treasurer.  No 
detailed  statement  of  the  votes  has  been  found,  but  The  TteporUr  of  Oct. 
20  1804  gave  the  following: 

For  Governor,  His  Excellency  Isaac  Tichenor,  Votes  duly  returned 
8075,  do.  not  do.  31  towns  721— Total,  871K).  Hon.  Jonathan  Robinson, 
Duly  returned  6184,  7  towns  not  do.  481— Total  6665.  Majority  for  I. 
Tichenor.  2131. 

Lieutenant  Governor,  His  Honor  Paul  Brigham,  Majority  nearly  4000. 

Benjamin  Swan  Esq.  Treasurer,  Majority  over  4000. 

Councillors,  G.  [  Jonas  ]  Galusha  highest,  8064.  E.  Keyes,  next 
highest,  5054. 

A  large  majority  of  the  representatives,  chosen  at  the  same  election, 
were  Jeficrsonians.  The  Jeffersonian  majorities,  on  the  ballot  in  joint 
committee  for  Presidential  Electors,  ranged  from  41  to  81.  The  ballot 
for  the  fourth  Elector,  which  was  nearest  to  an  accurate  test,  resulted  as 
follows:  "Nathaniel  Niles,  repub.  125,  David  Wing,  jun.  fed.  31,  Scat- 
tering 13 — Majority  for  Mr.  Niles,  81."  Mr.  Wing's  vote  was  the  high- 
est given  for  a  Federal  candidate.  ^ 

While  it  is  evident  that  the  Jeffersonians  had  the  control  of  the  state, 
it  is  remarkable  that  Gov.  Tichenor.  who  was  an  avowed  Federalist,  re- 
ceived 732  more  votes  than  Jonas  Galusha,  who  was  on  the  ticket  of 
each  party;  Benjamin  Swan,  who  was  on  the  Federal  ticket  only,  had  a 
majority  nearly  double  that  of  Gov.  Tichenor;  and  Paul  Brigham,  who 
was  on  the  Jeffersonian  ticket  only,  had  a  majority  nearly  as  large  as 
Mr.  Swan's.  The  conclusion  is,  that  a  large  part  of  the  people  did  not 
consider  themselves  bound  by  party  considerations  alone  in  the  election 
of  their  chief  executive  officers. 

The  electoral  ticket,  referred  to  above,  was  asjreed  to  in  a  caucus  of 
the  Republicans  in  the  Genciral  Assembly.  A  ticket  for  Governor, 
Lieut.  Governor,  Treasurer,  and  Councillors,  to  be  supported  by  the 
Jeffersonian  Republicans  at  the  election  in  1805,  was  also  agreed  to 
in  caucus.  See  Spooner's  Vermont  Journal  for  Nov.  6  1804,  and  Aug. 
6  1805. 


»  Weekly  Wanderer  [Randolph]  for  Nov.  12  1804. 


RECORD  OP  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION  OF  THE  GENERAL  ASSEMBLY  AT  RUTLAND, 

October,  1804. 


State  of  Vermont,  ss.  A  Journal  of  the  Proceedings  of  the  Gov- 
ernor and  Council  of  the  State  of  Vermont  at  their  Session  begun  and 
holden  at  Rutland  within  and  for  said  State  on  the  eleventh  day  of  Oc- 
tober being  the  second  Thursday  of  that  Month,  in  the  year  of  our  Lord 
one  Thousand  eight  Hundred  and  four,  and  of  the  Independence  of  the 
United  States  the  Twenty-ninth,  on  which  day  the  General  Assembly 
were  convened,  pursuant  to  the  Constitution  and  Laws  of  this  State — 
Present,  His  ExcoUency  Isaac  Tichenor  Essq""-  Governor,  His  Honor 
Paul  Brigham  Esq'-  L*-  Governor;  of  the  Council  the  Hon"*  Samuel 
Safford,  Jonas  Galusha,  Eliakim  Spooner,  Noah  Chittenden,  John  White, 
Beriah  Loomis,  Ebenezer  Wheelock.  Asaph  Fletcher,  James  Witherell 
&  Samuel  Shepardson  Esquires.  William  Page  Jun""-  Secretary;  Aru- 
nah  W.  Hyde  Esq'-  Sheriff  of  Rutland  County. 

The  Sheriff  was  directed  to  inform  the  House  of  Representatives  that 
a  quorum  of  the  Council  had  convened  and  were  ready  to  join  with  the 
House  in  fulfilling  the  purposes  for  which  they  have  met. 

The  following  Resolution  was  received  from  the  House  of  Represent- 
atives: ''In  General  Assembly,  Oct'- 11, 1804,  Resolved,  that  there  be  a 
Committee  of  three  Members  from  each  County  in  this  Slate  appointed, 
to  join  such  Committee  as  shall  be  appointed  by  the  Governor  and 
Council,  to  receive,  sort,  and  count  the  Votes  for  Governor,  U-  Gover- 
nor. Treasurer,  and  Councillors  for  the  year  ensuing,  and  make  report 
to  this  House  as  soon  as  may  be.  Members  chosen,  Mess.  Bradley, 
Hurd,  Galusha,  Richards,  Whitney,  Hunt,  Shaw,  Hendee,  P.  Smitn, 
Enos,  Hutchinson,  Luce,  Rich,  Chipman,  Silas  Wright,  Buckingham, 
Thayer,  Cooke,  W.  C.  Harrington,  Potter,  Jones,  Elkins,  Edson,  Lamb, 
S.  Ji.  Sheldon,  J.  Robinson,  House,  Stanley,  Strong,  Corbin,  Dana,  De 
Forest  and  Phelps.  Extract  from  the  Journals,  Att.  A.  Haswell  Clk. 
pro  Tern.'-  which  was  Read,  and  it  was  Resolved,  That  a  Committee  of 
live  Members  from  the  Council  join  the  aforesaid  Committee  from  the 
House.  Members  chosen.  Mess.  Galusha,  Witherell,  Wheelock,  Shep- 
ardson and  Loomis,  and  were  sworn  by  his  HOnor  the  L^  Governor  to 
the  faithful  discharge  of  their  dut3\ 

The  above  Resolution,  with  the  Resolve  of  the  Council  thereon,  was 
returned  to  the  House  of  Representatives  by  the  Sheriff, 

Resolved,  on  Motion,  That  the  Council  will  proceed  to  the  Meeting 
House  to  attend  Divine  Worship,  i 

» From  the  Weekly  Wanderer  for  Oct.  22  1804: 

Rutland,  (VermonQ  Oct.  13.— On  Thursday  last  the  General  Assem- 
bly of  this  State  convened  in  this  town.  At  nine  o'clock  His  Excel- 
lency the  Governor  was  escorted  into  town  by  the  company  of  cavalry 
commanded  by  Capt.  Cheeney.  At  twelve  the  Legislative  body  pro- 
ceeded to  the  meeting  house  to  attend  divine  service.  The  exercises 
were  performed  by  the  Rev.  Himan  [Heman]  Ball,  of  this  town.  A 
judicious  and  instructive  discourse  from  i  Chron.  28,  8,  as  well  as  the 
other  exercises,  were  much  admired. 


4  0-ovemor  and  Council — October  1804. 

6  O'clock  P.  M.— The  Hon"*  Nathaniel  Niles  Esq''  appeared  in 
Council  chamber  and  took  his  Seat. 

A  Verbal  Message  was  received  from  the  House  by  M'-  Shaw,  inform- 
ing the  Governor  and  Council  that  the  Committee  appointed  to  receive, 
sort  and  count  the  Votes  for  Governor.  L*-  Governor,  Treasurer,  and 
Councillors  for  the  year  ensuing  were  ready  to  report,  and  requesting 
the  attendance  of  the  Council  in  the  Representatives'  Room  for  the  pur- 
pose of  hearing  the  Report  of  the  said  Committee — Whereupon  the 
Governor  and  Council  proceeded  immediately  to  the  Representatives' 
Room,  and  the  following  Report  was  handed  in  by  the  Chairman  of  the 
Committee  and  read  by  his  Excellency  the  Governor,  to  wit, — 

"To  the  Hon*»*«  General  Assembly  now  sitting  at  Rutland  in  the 
County  of  Rutland,  Oct*^-  11***  1804.  Your  Committee  appointed  to  re- 
ceive, sort  and  count  the  Votes  for  Governor,  L*-  Governor,  Treasurer, 
and  Councillors,  for  the  year  ensuing,  beg  leave  to  report.  That  His  Ex- 
cellency Isaac  Tichenor  Esq""-  is  Elected  Governor,  His  Honor  Paul 
Brigham  Esq""-  is  Elected  L*-  Governor,  Benjamin  Swan,  Treasurer,  Jo- 
nas Galusha,  Samuel  Saftbrd,  Noah  Chittenden,  James  Witherell,  Be- 
riah  Loomis,  John  White,  Nathaniel  Niles,  Eliakim  Spooner,  Samuel 
Shepardson,  Ebenezer  Wheelock,  Asaph  Fletcher  &  Elias  Keyes  Esq«- 
Councillors.  Att.     Jonas  Galusha  Chairman  of  8*^  Com^**-'^  ' 

and  A.  W.  Hyde  Esq'-  Sheriff  of  Rutland  County,  by  the  direction  of 
the  Secretary  of  the  Governor  and  Council,  made  proclamation  of  the 
election  of  the  above  mentioned  Persons  to  their  respective  Offices  l)y 
the  Freemen  of  this  State  for  the  year  ensuing. 

The  Governor  and  Council  then  returned  to  their  Chamber  and  ad- 
journed to  9  O'clock  Tomorrow  morning. 


Friday  Oct/)bcr  12»»»  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment.  Present  His  Honor  Paul 
Brigham  L*-  Governor;  of  the  Council  The  Hon"«  Jonas  Galusha.  Sam- 
uel Safford,  Noah  Chittenden,  Beriah  Loomis,  John  White.  Nathaniel 
Niles,  Eliakim  Spooner.  Sanmel  Shepardson,  Ebenezer  Wheelock  & 
Asaph  Fletcher  Esq"-  William  Page  Ju'-  Secretary;  Arunah  W.  Hyde 
Esq'-  Sfieriff. 

The  L*-  Governor  and  members  of  tlie  Council  present  proceeded  to 
the  Representatives'  Room,  and  after  prayers  by  the  Chaplain  were  duly 
sworn,  by  Jonathan  Robinson  Esq*^-  Chief  Justice  of  the  State  of  Ver- 
mont, to  the  faithful  discharge  of  their  respective  offices.  The  Council 
returned  to  their  Chamber  and  Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — A  verbal  message  from  the  House  of  Representa- 
tives was  delivered  by  M'-  Fisk,  a  member,  informing  the  Council  that 
the  House  was  organized  and  ready  to  receive  any  communication  from 
this  body.  Ordered,  That  the  Secretary  wait  on  his  Excellency  the 
Governor  and  acquaint  him  with  this  message,  an<l  also  inform  the 
House  of  Representatives  that  a  quorum  of  the  Council  has  convened 
and  are  readv  to  proceed  to  business. 

Adjournecf  to  9  O'clock  Tomorrow  Morning. 

^  The  committee  probably  appended  to  their  report  a  statement  of  the 
votes  of  towns  rejected  for  informality  in  the  returns,  but  nothing  of  this 
sort  appears  in  the  journal  of  either  house.  The  rejected  votes  did  not 
affect  the  results  of  the  election.     See  political  note  on  preceding  pages. 


Governor  and  Cauneil — October  1804.  5 

Saturday  OcU'  13, 1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Petition  of  Thomas  Bamum  and  others  for  a  new  Trial  was  re- 
ceived from  the  House  with  the  following  order  thereon:  '*  In  Gen*- 
Assembly  Ocf^- 12, 1804.  Read  and  Referred  to  Mess.  Ja»-  Fisk,  Sheldon 
and  Enos  to  join  with  Council.  Attest  A.  Haswell  Clk.  P.  Tcm."  and 
being  Read  it  was  Resolved,  That  M'-  Galusha  join  with  the  Committee 
from  the  House. 

The  Petition  of  the  Selectmen  of  Hyde  Park  was  rec**-  from  the  House 
with  this  order  minuted  thereou:  *•  In  General  Assembly  Oct'- 12, 1804, 
Read  &  Referred  to  the  first  Land  Tax  Committee  to  join  Committee 
from  the  House,  Mes»-  Baker.  H.  Norton  &  Rich.  Attest  A.  Haswell 
Clk.  Pro  Tem."  which  was  read  with  the  order  of  the  House  thereon, 
and  it  was  Resolved,  That  M*"-  Safford  join  the  aforesaid  Committee  from 
the  House. 

A  Petition  from  Billymead  [Sutton]  praying  for  Land-Tax  was  re- 
ceived from  the  House  with  this  order  thereon:  *•  In  General  Assembly 
Oct'-  12^'  1804,  Referred  to  the  second  Land  Tax  Committee,  Mess* 
Lyon.  Moflett  &  Campbell  to  join.  Attest  A.  Haswell  Clk.  Pro  Tem.'' 
which  was  read,  and  Resolved,  That  M'-  Chittenden  join  the  second 
Land  Tax  Conmiittee. 

A  Petition  for  a  Land  Tax  on  Johnson  was  also  received  from  the 
House  with  this  order  minuted  thereon:  "In  General  Assembly  Oct'- 
12*^  1804,  Committed  to  the  Third  Land  Tax  Committee.  Mess.  B.  Har- 
rington, E.  Porter,  and  J.  Porter,  to  join  with  Council.  Attest  A.  Haswell 
Clk.  Pro  Tern."  upon  which  it  was  Resolved,  That  M'-  Witherell  join 
the  Third  Land  Tax  Committee. 

A  Petition  from  the  Selectmen  of  Brookline  was  received  from  the 
House  with  this  order  thereon:  "In  General  Assembly  Ocf- 12**''  1804, 
Rea<i  and  Referred  to  Mess.  Olin,  Shaw  &  E.  Allen,  to  join.  Attest 
A.  Haswell  Clk.  Pro  Tem."  which  was  read  and  it  was  Resolved,  That 
M*^  Loomis  join  the  Committee  from  the  House. 

The  Petition  of  Nathaniel  Greelee  for  himself  and  others,  Proprietors 
and  Land  owners  of  Benton's  Gore,  was  received  from  the  House  with 
the  following  order  thereon:  "Iti  General  Assemblv  Oct'-  12,  1804, 
Rrad  and  Committed  to  Mess.  Noyes,  Ja*  Fisk  &  E.  Hale,  to  join  &c. 
Attest  A.  Haswell  Clk.  Pro  Tern.''  which  was  read  and  it  was  Re- 
solved, That  M'-  White  join  the  Committee  appointed  by  the  House. 

An  Engrossed  Bill,  Entitled  **an  act  to  appoint  a  Oommittee  to  lay 
out  and  survey  a  Road  from  the  Bridge  over  (.'onnecticut  River  in 
Norwich  to  Chelsea  Court-House,"  which  was  referred  by  the  concur- 
rent Resolution  of  both  Houses,  at  the  adjourned  Session  of  the  [last] 
Legislature  to  the  present  one,  was  read  and  on  motion  Resolved,  That 
it  be  referred  to  Mess.  Niles  and  Spooner. 

The  following  Resolution  was  received  from  the  House:  "In  Gen- 
eral Assembly  Oct'  13,  1804,  Resolved,  the  Governor  and  Council  con- 
curring therein.  That  the  Members  of  both  Houses  meet  in  County 
Conventions  at  3  O'clock  in  the  afternoon  of  Tuesday  next,  for  the  pur- 
pose of  making  County  Nominations  for  the  County  officers — And  that 
both  Houses  convene  in  joint  Committee  on  Wednesday  next  at  10  O'clock 
A.  M.  in  the  Representatives'  Room  for  the  purpose  of  receiving  such 
Dominations  ana  making  the  appointments  of  such  officers.  The 
above  being  Read  passed  into  a  Resolution  of  this  House.  Extract 
from  the  Minutes,  Attest  A.  Haswell  Clk.  Pro  Tem."  The  above 
Resolution  being  read  it  was  Resolved,  That  the  Governor  and  Council 
concur  with  the  House  therein,  and  Ordered,  That  the  Secretary  inform 
the  House  thereof. 

Adjourned  to  2  O'clock  P.  M. 


6  Governor  and  Council —  October  1804. 

2  O'clock  P.  M.  M'-  Witherell  appeared  in  the  Council  Chamber, 
and,  after  the  oath  of  office  and  to  support  the  Constitution  of  the 
United  States  was  administered  to  him  by  His  Excellency  the  Gover- 
nor, he  took  his  seat  at  the  Council  Board. 

A  Bill  referred  from  the  last  Session  of  the  Legislature,  Entitled,  *'An 
Act  incorporating  certain  persons  therein  named  by  the  name  of  the 
Randolph  Turnpike  Company,'^  was  sent  up  from  the  House  with  the 
following  order  thereon:  ''In  General  Assembly  Oct'-  13,  1804,  Re- 
ferred to  the  Turnpike  Committee,  Mess.  Baker,  Noyes,  E.  Porter, 
Luce.  Foot,  Chamberlain,  Leavenworth,  Bachop,  Brigham,  Stanley 
and  Kibbee,  to  join  such  committee  as  Council  may  appoint.  Attest 
A.  Haswell,  Clk.  Pro  Tem."  which  was  read  and  it  was  Resolved, 
That  Mess"-  Shepardson  and  Wheelock  join  the  Committee  appointed 
by  the  House. 

"  An  Act  appointing  a  Committee  to  lay  out  a  Road  from  White 
River,  thro'  Randolph  and  Williamstown,"  And  also  "  An  Act  appoint- 
ing a  Committee  to  survey  and  lay  out  a  public  County  Road  from  the 
South  End  of  Huhbardton  Turnpike  to  meet  the  Lansingburgh  [N.  Y.] 
Turnpike,'' [received  from  the  House]  with  the  following  order  on  eaeh: 
"In  Gen»-  Assembly  Ocf-  13,  1804,  Read  &  Referred  to  the  Turnpike 
Committee.  Attest  A.  Haswell  Clk.  Pro  Tem."  which  were  sever- 
ally read  and  on  motion  it  was  Resolved,  That  the  Gov-  &  Council 
concur  in  the  references. 

The  Governor,  accompanied  by  the  Council,  ])roceeded  to  the  House 
of  Representatives,  and  having  signified  his  acceptance  of  the  Officer  of 
Governor  for  the  year  ensuing,  the  oath  of  Office  and  to  support  the 
Constitution  of  the  United  States  were  administered  to  him  by  the 
Chief  Justice.  His  Excellency  then  delivered  the  following  speech  to 
both  branches  of  the  Legislature.^ 

The  Governor  and  (youncil  then  returned  to  their  chamber. 

The  Resolutions  from  the  Legislature  of  Massachusetts  were  read  in 
Council  and  the  Secretary  ordered  to  carry  them  to  the  House." 

Adjourned  to  Monday  Morning  9  O'clk  A.  M. 


Monday  October  15"»- 1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Three  Petitions  from  the  Landowners  and  Proprietors  of  Huiilitiij- 
ton,  Warren,  and  Fletcher,  were  received  from  the  House  with  this 
order  on  each  of  them:  ''In  GeniMal  Assembly  Ocf- 13,  1804,  Read  and 
Referred  to  the  Third  Land-Tax  Committee,  to  join.  Attest  A.  Has- 
well Clk.  Pro  Tem."  in  which  Reference  it  was  Resolved.  Thjit  the 
Governor  and  Council  concur. 

A  Petition  from  the  Inhabitants  of  Readsboro\  praying  for  a  Lnnd- 
Tax,  was  also  received  from  the  House  with  this  order  tliereon:  *•  In 
General  Assembly  Oct'- 13,  1804,  Referred  to  the  First  Land-Tax  Cnm- 
mittee,  to  join.  Attest  A.  Haswell  Clk.  Pro  Tem.*''  in  which  Rtler- 
ence  it  wai  Resolved,  That  the  Governor  and  Council  concur. 

Also  three  several  Petitions  from  the  Towns  of  Irahburgh,  Bristol, 
and  Peru,  praying  for  Land-Taxes  on  tliose  respective  Towns,  with  tliis 
order  minuttid  on  each:  ''In  General  Assembly  Oct'  13**'«  1S04,  Rrad 
and  Referred  to  the  Second  Land-Tax  Committee,  to  join.  Attest  A. 
Haswell  Clk.  Pro  Tem."  in  which  Reference  it  was  Resolved  to  concur. 


'  For  the  speech  8ec  Appendix  A. 
'  See  Appendix  B. 


Governor  and  Council — October  1804.  7 

A  Bill,  Entitled  ^'  An  Act  Tor  Taxing  the  Lauds  in  Huntington  and 
ascertaining  the  Rights  of  Public  Lands  in  said  Town,"  was  received 
from  the  House  with  the  following  order  thereon:  *'ln  General  Assem- 
bly Oct'- 1:^,  1804,  Referred  to  the  Third  Land  Tax  Committee.  Attest 
A.  Haswell  Clk.  Pro  Tem."  in  which  Reference  it  was  Resolved  to  concur. 

An  Engrossed  Bill.  Entitled  *'An  Act  ratifying  and  confirming  the 
proceedings  of  a  Collector  of  a  Land-Tax  in  Bridgewater,"  refierred  from 
the  adjourned  Session  of  the  [last]  Legislature,  was  received  from  the 
House  with  the  following  order  thereon:  '*In  General  Assembly  Oct'- 
1.3,  1804,  Referred  to  the  Third  Land-Tax  Committee.  Attest  A.  Has- 
well iJlk.  Pro  Tem."  Resolved,  That  the  Governor  and  Council  concur 
in  the  above  reference. 

M'-  Keyes  appeared  in  the  Council  Chamber,  and,  after  taking  the 
oath  of  office  and  to  support  the  Constitution  of  the  United  States, 
which  were  administered  to  him  by  the  Chief  Justice,  he  took  his  seat 
at  the  Council-Board. 

An  Engrossed  Bill,  Entitled  "  An  Act  in  addition  to  and  in  explana- 
tion of  an  act  constituting  the  Supreme  Court  «&c.,"  referred  from  the 
last  Session  of  the  Legislature,  was  received  from  the  House  with  the 
following  new  order  thereon:  *•  In  General  Assembly  October  13,  1804, 
Read  and  Committed  to  Mess"-  Olin,  Chipman,  and  Enos,  to  join. 
Attest  A.  Hasweil  Clk.  Pro  Tem."  which  was  Read  &  Resolved,  That 
M'-  Galusha  join  the  aforesaid  Committee  from  the  House. 

An  Engrossed  Bill,  Entitled  *•  An  Act  Incorporating  certain  persons 
therein  mentioned  by  the  name  of  the  Franklin  County  Turnpike  Com- 
pan)',"  referred  from  the  last  Session  of  the  Legislature,  was  received 
from  the  House  with  this  new  order  minuted  thereon:  "  In  General  As- 
sembly Oct'- 13,  1804.  Read  and  Referred  to  the  Turnpike  Committee,  to 
join.  Attest  A.  Haswell  Clk.  Pro  Tem."  upon  whicn  Reference  it  was 
Resolved,  That  the  Governor  and  Council  concur. 

Also  An  Engrossed  Bill,  Entitled,  "An  Act  for  laying  out  a  Post 
Road  trom  the  North  line  of  Huntsburgh  [Franklin]  in  the  County  of 
Franklin  to  Hinesburgh  in  the  County  of  Chittenden^"  referred  from  the 
last  Session  of  the  Legislature,  with  the  following  new  order  thereon: 
'*  In  General  Assembly  Oct'-  13"»«  1804,  Called  up  and  Referred  to  the 
Turnpike  Committee.  Attest  A.  Haswell  Clk.  Pro  Tem."  whereupon 
it  was  Resolved,  That  the  Governor  and  Council  concur  in  the  above 
Reference. 

The  following  Resolution  was  introduced  by  M'-  Niies — Resolved, 
That be  a  Committee  from  the  Council  to  join  such  Commit- 
tee as  the  House  of  Representatives  shall  appoint,  to  consider  and  make 
report  in  what  manner  the  unfinished  business  before  Council,  referred 
from  the  last  Session  of  the  Legislature,  shall  be  taken  up,  which  resolu- 
tion was  adopted,  M'-  Niles  appointed  the  Committee  from  Council,  and 
Ordered,  That  the  Secretiiry  carry  the  same  to  the  House  and  request  their 
concurrence. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  Governor  communicated  to  the  Council  a  Let- 
ter from  James  Madison  Esquire,  Secretary  of  State  of  the  United 
States,  informing  that  three  fourths  of  the  States  had  ratified  an  Article 
of  Amendment  proposed  by  Congress  at  their  last  Session  to  be  added 
to  the  Constitution  of  the  L  nited  States,  and  that  it  had  become  a  part 
thereof* — and  also  a  Letter  from  General  Philip  Schuyler  on  the  subject 
of  the  jN'orthern  Boundary  line  of  this  State* — which,  after  being  read, 

'  Twelfth  amendment  '  See  Appendix  £. 


* 

I 


8  Governor  and  Council —  October  1804. 

were  enclosed  to  the  Speaker  of  the  Houb^  of  Representatives,  and  the 
Secretary  ordered  to  carry  them  to  the  Hciise. 

Three  Petitions  praying  for' Grants  of  Turnpike  Roads,  one  from  Jo- 
seph Robinson  and  others  of  Swanton,  one  from  Daniel  Campbell  and 
others,  and  one  from  Gilbert  Hurd  and  others,  were  received  from  the 
House  with  the  following  order  on  each'.  "  In  General  Assembly  Oct'- 
15*^'  1804,  Read  and  Referred  to  the  Turnpike  Committee,  to  join.  At- 
test A.  Haswell  Clk.  Pro  Tern."  whereupon  it  was  Resolved,  That  the 
Governor  and  Council  concur  in  the  above  Reference. 

The  Petition  of  the  Selectmen  of  Minehead  [Bloomfield]  for  a  Land 
Tax  was  received  from  the  House  with  this  order  thereon:  •'  In  General 
Assembly  Ocf^-  15,  1804,  Read  &  Referred  to  the  First  Land-Tax  Com- 
mittee. Attest  A.  Haswell  Clk.  Pro  Tern."  Also  a  Petition  for  the 
Revival  of  Land  Taxes  in  Essex  with  this  order  thereon:  **ln  General 
Assembly  Oct'-  16,  1804,  Read  and  Referred  to  the  Third  Land-Tax 
Committee.  Attest  A.  Haswell  Clk.  Pro  Tem."  And  a  Petition  for  a 
Land-Tax  on  Wenlock  and  Brunswick  with  this  order  thereon:  *' In 
General  Assembly  Oct'- 16, 1804,  Read  and  Referred  to  the  Second  Land- 
Tax  Committee.  Attest  A.  Haswell  Clk.  Pro  Tem."  whereupon  it  was 
Resolved,  That  the  Governor  and  Council  concur  in  the  above  Refer- 
ences. 

A  Petition  from  the  Inhabitants  of  Bromley  [Peju}  was  received 
from  the  House  with  this  order  minuted  thereon:  *'In  General  Assem- 
bly Oct'-  16,  1804,  Read  and  Referred  to  Committee  on  Petition  of 
Nathaniel  Greely.  to  join — Noyes,  J.  Fisk,  and  E.  Hale.  Attest  A. 
Haswell  Clk.  Pro  Tern."  which  was  ^ead  and  it  was  Resolved,  That  M'- 
White  join  the  Committee  appointed  by  the  House. 

The  Petition  of  the  Inhabitants  of  Medway  [Mendon]  was  received 
from  the  House  with  this  order  thereon:  *'In  General  Assembly  Oct'- 
16, 1804,  Read  and  Referred  to  Mes*-  E.  Emerson,  Emmons,  &  E.  Jones, 
to  join.  Attest,  A.  Haswell  Clk.  Pro  Tem."  which  was  read  and  it 
was  Resolved,  That  M'-  Keyes  join  the  aforesaid  Committee  from  the 
House. 

A  Petition  from  Benjamin  Jaquith  and  others,  praying  for  a  ^rant  of 
the  Glebe  Lands  in  Hartland,  was  received  from  the  House  with  this 
order  thereon:  '*In  General  Assembly  Oct'- 16, 1804,  Referred  to  Mess"- 
Hibbard,  Beach,  E.  Jewett,  J.  Brigham,  and  Safford,  to  join.  Attest 
A.  Haswell  Clk.  Pro  Tem."  which  was  read  and  it  was  Resolved,  That 
Gov.  Brigham  join  the  Committee  appointed  by  the  House. 

A  Petition  from  Benjamin  Burtch  was  sent  from  the  House  with  this 
order  thereon :  "In  General  Assembly  Oct'-  13,  1804,  Referred  to  the 
Committee  appointed  on  the  Petition  of  Benj^-  Jaquith  and  others. 
Attest  A.  Haswell  Clk.  Pro  Tem."  whereupon  it  was  Resolved,  That 
the  Governor  and  Council  concur  in  the  above  Reference. 

A  Petition  from  the  Inhabitants  of  Knight's  Gore  [or  Knoulton's 
Grant,  now  Bakersfield,]  was  received  from  the  House  with  the  ibllow- 
ing  order  minuted  thereon:  **In  General  Assembly  Oct'-  15,  1804, 
Read  and  Referred  to  Paul  Brigham,"*  Brown,  and  Foot,  to  join.  Attest 
A.  Haswell,  Clk.  Pro  Tem,"  which  being  read  it  was  Resolved,  That  M'* 
Fletcher  join  the  aforesaid  Committee  from  the  House. 

The  following  Resolution  was  received  from  the  House:  *'  In  General 
Assembly  Oct'-  13"^'  1804,  Resolved,  the  Governor  and  Council  concur- 
ring therein,  that  the  menibers  of  both  Houses  convene  in  joint  Com- 
mittee, in  the  Representatives'  Room,  at  the  opening  of  the  House  in 
the  afternoon  on  Tuesday  next,  for  the  purpose  of  electing  the  Judges 


5  Paul  W.  Brigham  of  Sharon, 


Governor  ami  Council — October  1804.  -9 

of  the  Supreme  Court  for  the  year  ensuing.  Read  and  passed.  Extract 
from  the  Journals,  Att.  A.  Has  well  CI  k.  Pro  Tem."  which  was  read 
and  it  was  Resolved,  That  the  Governor  and  Council  concur  therein, 
and  Ordered,  That  the  Secretary  acquaint  the  House  of  such  concur- 
rence. 
Adjourned  to  9  O'clock  Tomorrow  Morning. 


Tuesday,  October  16*»»- 1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  Bill,  passed  in  the  House  of  Representatives,  Entitled  "  An  act 
directing  the  Treasurer  to  pay  to  Anthony  Haswell  the  sum  therein 
mentioned,''  was  sent  up  to  Council  for  their  Revision,  concurrence,  or 
proposals  of  amendment,  and  being  Read  it  was  Resolved  to  concur 
with  the  House  in  passing  the  same  into  a  Law. 

Two  Petitions,  one  from  the  Inhabitants  of  Maidstone,  and  the  other 
from  the  Proprietors  and  Landowners  of  Westford,  praying  for  Land- 
Taxes  of  their  respective  Towns,  were  received  from  the  House  with 
this  order  on  each:  "In  Gen^-  Assembly  Ocf-  15,  1804.  Read  and  Re- 
ferred to  the  Thii^  Land-Tax  Committee.  Attest  A.  Haswell  Clk  Pro 
Tern."  which  were  read  and  it  was  Resolved  to  concur  in  the  aforesaid 
Reference. 

The  Resolution,  which  originated  in  Council,  appointing  a  Committee 
to  join  a  Committee  from  the  House,  to  consider  and  make  report  in 
what  manner  the  unfinished  business,  before  Council,  referred  from  the 
last  Session  of  the  Legislature,  shall  be  taken  up,  was  returned  from  the 
House  with  the  following  order  thereon:  "In  General  Assembly  Ocf^- 
15, 1804.  Read  and  Concurred  in  oy  the  House  and  Mess.  Shaw,  Chip- 
man,  and  Sheldon  appointed  a  Committee  accordingly.  Attest  A. 
Haswell  Clk.  Pro  Tem." 

Two  Petitions,  one  from  Easthaven,  the  other  from  Newark,  praying 
for  Land-Taxes,  were  received  from  the  House  with  this  order  on  each: 
''  In  General  Assembly  Ocf-  15,  1804.  Referred  to  the  Second  Land- 
Tax  Committee,  to  join.  Attest  A.  Haswell  Clk.  Pro  Tem."  whereupon 
it  was  Resolved,  That  the  Governor  and  Council  concur  in  the  above 
reference. 

A  Petition,  praying  for  a  Land-Tax  on  West  Fairlee,  was  sent  up 
from  the  House  with  this  order  thereon:  "In  General  Assembly  Oct'- 
15, 1804,  Referred  to  the  First  Land-Tax  Committee.  Attest  A.  Has- 
well Clk.  Pro  Tem."  which  was  read  and  it  was  Resolved  to  concur  in 
the  Reference  made  by  the  House. 

Nine  Petitions,  praying  for  Turnpike  Roads,  one  from  John  Stanley 
and  others,  one  from  W^"*-  C.  Harrington,  one  from  Barnet,  one  from 
Westford,  one  from  Billy  mead  [Sutton,]  one  from  Lyndon,  one  from 
.S^  Johnsbury,  one  from  Burke,  and  one  other  for  a  Turnpike  Road  from 
Danby  through  Harwich  [Mount  Tabor]  to  Dorset,  were  received  from 
the  House  with  the  following  order  on  Each:  "In  General  Assembly 
Oct'-  lo**"'  1804,  Read  and  Referred  to  the  First  Turnpike  Committee,  to 
join.  Attest  A.  Haswell  Clk.  Pro  Tem."  whereupon  it  was  Resolved 
to  concur  in  the  Reference  of  the  said  Petitions. 

A  Bill,  Entitled  "An  Act  concerning  costs  of  criminal  prosecutions," 
was  sent  up  from  the  House  with  this  order  thereon:  "In  General  As- 
sembly Oct'- 16,  1804,  Brought  in  on  motion  of  M"^-  [Titus]  Hutchinson, 
Read  and  referred  to  Mess.  Hutchinson,  [Daniel]  Chipman,  and  [AradJ 
Hunt,  to  join  such  Committee  as  Governor  and  Council  may  appoint. 


10  Governor  and  Council — October  1804. 

Attest  A.  Haswell  Clk.  Pro  Tern."  which  was  read  and  it  was  Resolved, 
That  M'-  Looinis  join  the  Committee  appo\nted  by  the  House. 

An  Enofrossed  Bill,  Entitled  "An  Act  layinjj  a*Tax  of  Two  Cents  per 
acre  on  Philadelphia,"  [Chittenden  in  part,]  referred  from  the  last 
Session  of  the  Legislature,  was  received  from  the  House  with  this  order 
thereon:  "In  General  Assembly  Oct'- 13,  1804.  Referred  to  the  Third 
Land-Tax  Committee.  Attest  A.  Haswell  Clk.  Pro  Tem."  whereupon 
it  was  Resolved,  To  concur  in  the  Reference  made  by  the  House. 

The  Letter  of  General  Schuyler,  communicated  to  the  House  of  Rej)- 
resentatives  by  the  Governor,  was  returned  from  the  House  with  the 
following  order  thereon:  "In  General  Assembly  Oct'-  15, 1804,  Reail 
and  referred  to  a  Committee  of  Five,  to  join,  viz.  X.  Fisk,  W"^  C.  Harring- 
ton, Shaw,  Enos  and  Buel.  Attest.  A.  Haswell  Clk.  Pro  Tem."  The 
order  of  the  House  being  read  it  was  Resolved,  That  M'-  Niles  join 
the  Committee  apj)ointed  by  the  House. 

The  following  Resolution  was  Received  from  the  House:  "In  General 
Assembly  Oct'- 15, 1804 — Whereas  it  appears  to  this  Assembly  that  there 
is  great  want  of  regularity  in  the  rules,  regulations  and  proceedings  in 
the  different  County  Courts  in  the  various  parts  of  this  State:  In  some 
Counties  a  more  prompt  adherance  to  rules  and  speedy  execution  of 
Justice:  In  others  a  greater  relaxation  and  indulgent  delays,  to  the 
unequal  distribution  of  speedy  justice  among  the  Citizens  of  the  various 
parts  of  this  State,  who  have  interchangeable  deal  and  demands:  There- 
fore, Resolved,  by  this  Assembly,  that  a  Committee,  consisting  of  a 
Member  from  each  County,  be  appointed  to  join  Committee  from  Coun- 
cil, to  take  under  consideration  and  point  out  some  more  eflectual  meas- 
ures for  uniformity  and  dispatch  in  the  Proceedings  of  the  County 
Courts  in  this  State,  and  report  by  Bill  or  otherwise.  Oct'- 15,  1804, 
Extract  from  the  Journals,  Attest  A.  Haswell  Clk.  P.  Tem.  Com- 
mittee appointed  by  the  House,  Mess'-  Sol®-  Wright,  [Lemuel]  Whitney, 
D.  Dyer,  [Elihu]  Luce,  [Daniel]  Chipman,  [Nathaniel]  Wheatley,  J. 
Jones,  [John]  Cameron,  [Solomon]  Walbrid^,  [Luther]  Chapin  and 
[Samuel]  Beach.  Attest  A.  Haswell  Clk.  Pro  Tem."  which  Resolution 
being  Read  it  was  Resolved  to  concur  therein,  and  that  Mess.  Witherell 
and  Galusha  join  the  Committee  appointed  by  the  House. 

Adjourned  to  2  O'clk  P.  M. 

2  O'CLOCK  p.  M. — The  Governor  and  Council,  agreeably  with  the 
Concurrent  Resolution  of  both  Houses,  proceeded  to  the  Representa- 
tives' Room,  and  after  having  chosen  the  Judges  of  the  Supreme  Court, 
the  Council  returned  to  their  Chamber  and  resumed  the  consideration 
of  business. 

Two  Petitions,  one  from  the  Inhabitants  of  the  Town  of  Windham, 
and  one  other  from  the  Towns  of  Random  [Brighton,]  Newark,  East- 
liaven.  Gran  by,  and  Guildhall,  praying  for  Land-Taxes  on  those  respec- 
tive Towns,  were  received  from  the  Ilouse  with  this  order  on  each:  "In 
General  Assembly  Oct'  10,  1804.  Reterred  to  the  First  Land-Tax  Com- 
mittee, to  join  with  Council.  Attest  Martin  Post  Clk."  whereupon  it 
was  Resolved,  That  the  Council  join  the  House  in  the  above  reference. 

A  Petition  for  a  Land-Tax  on  Groton  was  sent  from  the  House  with 
this  order  minuted  thereon:  "  In  General  Assembly  Oct'-  16,  1804, 
Called  up  and  Referred  to  the  Second  Land-Tax  Committee,  to  join. 
Attest  M.  Post  Clk."  on  which  it  was  Resolved  to  concur  in  the  above 
reference. 

The  Petition  of  Caleb  Blodget  for  a  new  Trial  was  received  from  the 
House  with  this  order  thereon:  "In  General  Assembly  Oct'-  16,  1804, 
Read  and  Referred  to  the  Committee  for  new  Trials,  to  join.    Attest 


I 


Governor  and  Council — October  1804.  11 

M.  Post  Clk."  which  was  read  and  it  was  Resolved,  that  M'-  Galusha 
join  the  Committee  for  new  trials  appointed  by  the  House. 

A  Petition  and  Bemonstrance  from  the  Town  of  Shrewsbury,  also  one 
from  the  Town  of  Danby,  against  granting  Turnpike  Roads,  were  re- 
ceived from  the  House  with  this  .order  on  each:  '^  In  General  Assembly 
Oct^- 16, 1804,  Read  and  Referred  lo  the  First  Turnpike  Committee,  to 
join.  Attest  M.  Post  Clk."  which  was  read  and  it  was  Resolved  to  con- 
cur in  the  above  reference.    •  • 

Four  Petitions,  one  from  Proprietors  of  Williamstown  Centre  Turn- 
pike, one  from  the  President  and  Directors  of  the  Green  Mountain 
Turnpike  Company,  one  from  the  Weathersfield  Turnpike  Corporation, 
and  one  other  from  the  Caledonia  Turnpike  Company,  were  received 
from  the  House  with  the  following  order  on  each:  *'In  General  As- 
sembly Ocf- 16**>'  1804,  Read  and  Referred  to  the  Second  Turnpike  Com- 
mittee— Mess.  Shaw.  Chipman,  Hunt,  Potter,  and  Enoch  Hale,  to  join 
Committee  from  Council.  Attest  M.  Post  Clk."  upon  which  it  was 
Resolved.  That  Mess.  Safford  and  Chittenden  join  the  Second  Turnpike 
Committee  appointed  by  the  House. 

A  Bill,  referred  from  the  last  Session  of  the  Legislature,  Entitled  "An 
Act  directing  Listers  in  their  Office  and  Duty,*'  was  sent  up  from  the 
House  with  the  following  order  of  the  House  thereon:  "In  General 
Assembly  Oct'- 13, 1804,  Committed  to  Mess.  Buel,  Bump,  &  D.  Dyer. 
Attest  A.  Haswell  Clk.  Pro  Tem.  Oct'-  IG****  Mes*-  Shumway,  Chipman, 
Rich,  and  Richards  added  to  former  Committee,  to  join  such  Committee 
as  the  Governor  and  Council  may  appoint.  Attest  M.  Post  Clerk," 
which  being  read  it  was  Resolved,  That  Gov.  Brigham  and  M'-  With- 
ereli  join  the  aforesaid  Committee  appointed  by  the  House. 

Adjourned  to  Tomorrow  Morning  at  9  O'clk. 


Wednesday  October  17»»»'  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Agreeably  with  the  Concurrent  Resolution  of  both  Houses  the  Gov- 
ernor and  Council  proceeded  to  the  Representatives'  Room,  for  the 
purj)Ose  of  receiving  the  County  Nominations  and  appointing  the  sev- 
eral County  Officers,  and  after  making  some  progress  the  joint  Com- 
mittee was  adjourned  to  the  opening  of  the  House  on  Tuesday  next  in 
the  afternoon,  and  the  Council  returned  to  their  Chamber  and  Adjourned 
to  2  O'clock  P.  M. 

2  O'clock  P.  M. — M*^-  Keyes  asked  for  leave  of  absence  until  Monday 
next,  and  on  motion  it  was  Resolved,  That  he  have  leave. 

A  Bill,  passed  in  the  House  of  Representatives,  Entitled  "An  act 
directing  the  Treasurer  to  pay  to  Solomon  Bingham  Ju*^-  the  sum  therein 
mentioned,"  was  sent  to  the  Governor  and  Council  fur  their  Revision, 
Concurrence,  or  proposals  of  amendment,  and  being  read  it  was  Re- 
solved, To  concur  with  the  House  in  passing  the  said  Bill  into  a  Law. 

The  Petition  of  Timothy  Lovell  against  Joseph  Ackley  was  received 
from  the  House  with  the  following  order  thereon:  "In  General  As- 
sembly Oct'-  lo"*'  1804,  Read  and  Referred  to  Mess»-  Shumway,  Solo- 
Wright,  and  E.  Porter.  Oct'-  IT**^*  ordered  to  join  Committee  from 
Council.  Attest  M.  Post  Clk."  wliich  was  read  and  it  was  Resolved, 
That  M'-  White  join  tlie  Committee  appointed  by  the  House. 

A  Petition  for  a  Turnpike  Road,  from  the  Green  Mountain  Turnpike 
to  Rutland  Court-House,  was  received  from  the  House  with  this  order 
thereon:     "In  General  Assembly  Oct'-  IT'**'  1804,  Read  and  Referred  to 


12  Governor  and  Council — October  1804. 

the  First  Turnpike  Committee,  to  join.  Attest  M.  Post  Clk."  where- 
upon it  was  Resolved,  To  concur  in  the  above  Reference. 

The  Memorial  of  Iladlock  Marcy  and  others  was  received  from  the 
House  with  this  order  thereon:  **  In  General  Assembly  Ocf-  17,  1804, 
Read  and  Referred  to  Mes*-  Hurd,  Iluot,  and  Xortoii,  to  join  Commit- 
tee from  Council.  Attest  M.  Post  Clerk,"  upon  which  it  was  Resolved, 
That  M'-  Spooner  join  the  aforesaid  Committee  appointed  by  the  House. 

The  following  Keft)lution  was  sent  from  the  House  of  Representa- 
tives: ''  On  Motion,  Resolved,  That  it  be  recommended  to  tlie  Governor, 
b^  and  with  the  advice  and  consent  of  Council,  to  appoint  Thursday  the 
sixth  day  of  December  next  to  be  observed  as  a  day  of  Public  Thanks- 
giving and  Praise  throughout  this  State.  Resolution  passed  Ocf-  16^' 
1804.  Attest  M.  Post  Clerk,"  which  Resolution  being  Read,  it  was  Re- 
solved, That  the  Council  advise  the  Governor  to  issue  his  Proclamation 
for  the  purpose  specified  in  the  above  Resolution. 

The  Honorable  Jonathan  Robinson  Esquire  appeared  in  Council  and 
having  signified  his  acceptance  of  the  oftice  of  Chief  Judge  of  the  Su- 
preme Court  of  Judicature  and  of  the  Court  of  Chancery,  the  Oath  of 
Office,  and  to  Support  the  Constitution  of  the  United  States,  were  ad- 
ministered to  him  by  His  Honor  the  L*-  Governor.  The  Honorable 
Royall  Tyler  Esquire  also  appeared  in  Council  and  having  signified  his 
acceptance  of  the  office  of  one  of  the  Assistant  Judges  of  the  Supreme 
Court  of  Judicature  and  of  the  Court  of  Chancery,  the  oath  of  office  and 
to  support  the  (Constitution  of  the  United  States  were  administered  to 
him  by  His  Honor  the  L*-  Governor.* 

A  Bill,  passed  in  the  House  of  Representatives,  Entitled  "  An  act 
confirming  the  Doings  of  William  Darling  a  Deputy  Sherift'of  Caledonia 
County,"  was  sent  U|)  to  the  Council  for  their  Revision  &c.  and  being 
read  it  was  Resolved.  That  it  be  referred  to  Mess.  Niles  and  Loomis 
with  tbe  accompanyiug  Papers.  The  Committee  on  the  Bill  Entitled 
"  An  act  confirming  the  doings  of  William  Darling  a  Deputy  Sheriff  of 
Caledonia  County,"  reported  that  it  ought  to  pass,  upon  which  it  was 
Resolved,  To  concur  with  the  House  in  passing  said  Bill  into  a  Law. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 

Thuksday  October  18»»»'  1804,  9  O'clk.  P.  M. 

The  Council  met  ])ursuant  to  adjournment. 

A  Bill,  passed  in  the  House  of  Representatives,  Entitled  "  An  Act 
directing  the  Treasurer  to  pay  to  Richard  Skinner  the  sum  therein  men- 
tioned," was  sent  to  Council  for  their  Revision  &e.  and  being  Read  it 
was  Resolved,  To  concur  with  the  House  in  passing  said  Bill  into  a  Law. 

A  Petition  from  the  Town  of  Orange,  praying  for  a  Land-Tax,  was 
received  from  the  House  with  this  order  thereon:  "In  General  Assem- 
bly Oct'  17.  1804,  Refierred  to  the  first  Land-Tax  Committee,  to  join. 
Attest  M.  Post  Clk" — whereupon  it  was  Resolved,  To  concur  with  the 
House  in  the  above  Reference. 

A  Petition  from  the  Inhabitants  and  Landowners  of  M*  Tabor,  pr.ay- 
ing  for  a  Land  Tax.  was  received  from  the  House  with  this  order  thereon: 
*'In  General  Assembly  Oct'- 17, 1804.  Read  and  Referred  to  the  Second 
Land-Tax  Committee,  to  join.  Attest  M.  Post  Clk" — whereupon  it  was 
Resolved,  To  concur  in  the  Reference  of  the  above  Petition. 

The  Resolution,  which  originated  in  Council,  relative  to  the  unfinished 
business  before  Council,  was  returned  from  the  House  with  the  following 
orders  and  reports  thereon:  "In  General  Assembly  Oct'-  15.  1804,  Read 
and  Concurred  in  by  the  House,  and  Mess.  Shaw,  Chipnian,  and  Sheldon 

*  The  other  judge  was  Theophilus  Harrington. 


Governor  and  Council — October  1804.  18 

appointed  a  Committee  accordingly.  Extract  from  the  Journals,  Attest 
M.  Post  Clk.  Rutland  Oct^-  \&^^  1804— To  the  General  Assembly  now 
sitting:  The  Committee  to  whom  the  within  Resolution  was  referred, 
report,  that  in  their  opinion,  any  Bill  or  Bills  described  in  the  Resolu- 
tion, ought  to  be  repealed  and  in  that  way  be  laid  open  for  the  consider- 
ation of  the  Present  Legislature,  and  that  any  other  Business  before  the 
Council  be  taken  up  anew.  N.  Niles  for  Com«-  In  General  Assembly 
Oct'-  17,  1804.  Report  of  Committee  Read,  accepted  and  M'-  Chipman 
appointed  a  Committee,  to  join  such  Committee  as  the  Governor  and 
Council  may  appoint,  to  bring  in  a  bill  agreeably  to  said  Report.  Ex- 
tract from  the  Journals,  Attest  M.  Post  Clk."  which  Report  and  order 
of  the  House  thereon  being  Read  it  was  Resolved,  That  the  Governor 
and  Council  do  nonconcur  with  the  House  in  appointing  a  Committee 
for  the  purpose  mentioned  above,  and  also  that  they  do  not  accept  the 
Report  of  the  joint  Committee  from  both  Houses.  M*"-  Galusha  then 
introduced  the  following  Resolution — In  Council,  Oct'-  18,  1804,  Re- 
solved, the  General  Assembly  concurring  therein,  that  the  Secretary  to 
the  Governor  and  Council  be  and  he  is  hereby  directed  to  return  all  the 
Bills  to  the  Clerk  of  the  General  Assembly,  that  remained  before  the 
Governor  and  Council  at  the  rising  of  the  IjCgislature  in  February  last 
and  which  were  laid  over  by  the  Concurrent  Resolution  of  both  Houses, 
in  order  that  fthe}']  may  be  taken  up  and  acted  upon  the  present  Ses- 
sion— Which  Resolution  was  adopted  and  M'-  Galusha  requested  to  in- 
form the  House  of  the  Reasons  of  Council  in  adopting  it.  and  also  the 
Reasons  f(»r  which  they  non-concurred  in  the  orders  of  the  House  on 
the  former  Resolution. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — Nine  Petitions,  praying  for  Turnpike  Roads,  one 
from  Sol®-  Strong  and  others,  one  from  Dauby  to  Manchester,  one  from 
Tim<>-  Fisher  and  others,  one  from  Rutland  Court-House  to  the  west  line 
of  the  State,  oite  from  Abraham  Bowen  and. others,  one  from  Orange 
Train  and  others,  one  from  Josiah  Rising  and  Harrison  El  well,  one  from 
Rutland  Court-House  to  Stockbridge,  and  one  other  from  Rutland  to 
Stockbridge,  were  received  from  the  House  with  Ihe  following  order  on 
each:  *•  In  General  Assembly  Oct^- 18*'  1804,  Referred  to  the  first  Turn- 
pike Committee.  Attest  M."  Post  Clk.'' — upon  which  several  Petitions 
it  was  Resolved,  To  concur  with  the  House  in  their  reference  to  the 
First  Turnpike  Com«*- 

Three  Petitions,  praying  for  Land-Taxes,  one  from  Philadelphia, 
[Chittenden,]  one  from  Barton,  and  one  from  Northfield,  were  received 
from  the  House  with  this  order  on  each:  "In  General  Assembly  Oct*^- 
18*'  1804,  Referred  to  the  first  Laud-Tax  Committee,  to  join.  Attest 
M.  Post  Clk."'  whereupon  it  was  Resolved  to  concur  in  the  above  Ref- 
erence of  those  Petitions. 

A  Petition  for  a  Land-Tax  on  the  Towns  of  Ripton,  Goshen,  and 
Philadelphia  [Chittenden,]  was  received  from  the  House  with  this  order 
thereon:  "In  General  Assembly  Ocf- 17"^'  1804,  Referred  to  the  Third 
Land-Tax  Committee,  to  join.  Attest  M.  Post  Clk."  in  which  Refer- 
ence it  was  Resolved,  To  concur. 

A  Petition  from  the  Inhabitants  of  Charlotte  was  rec*^-  from  the 
House  with  these  orders  on  it:  '^In  General  Assembly  Ocf  15'*''  1804, 
Read  and  Referred  to  Mess.  S.  Porter,  Lyon,  and  E.  Allen.  Attest 
A.  Haswell  Clk.  Pro  Tern.  Ocf-  18,  1804,  The  Committee  appointed  on 
this  Petition  was  ordered  to  join  such  Committee  as  the  Council  may 
appoint.  Attest  M.  Post  Clk." — which  was  read  and  it  was  Resolved, 
That  M'-  Chittenden  join  the  above  Committee  from  the  House. 


14  Governor  and  Council — October  1804. 

A  Petition  from  the  Inhabitants  of  Lyndon  was  received  from  the 
House  with  this  order  thereon;  "In  General  Assembly  Ocf- 18*^'  1804, 
Bead  and  referred  to  the  Committee  on  the  Listers'  act,  to  join  &c. 
Attest  M.  Post  Clk." — which  was  read  [and]  it  was  Resolved,  To  con- 
cur in  the  above  Reference. 

A  Petition  from  the  Inhabitants  of  Corinth  with  the  following  orders 
thereon  was  also  Received  from  the  House:  '*In  General  Assembly 
Oct^-  16't»'  1804,  Read  and  Referred  to  Mess*-  W.  C.  Harrington,  Sheldon, 
and  Hunt.  Attest  M.  Post  Clk.  Ocf- 17,  Ordered  that  the  Committee, 
to  whom  this  Petition  was  referred,  join  with  Council.  Attest  M.  Post 
Clk." — which  was  read  and  it  was,  on  motion,  Resolved,  That  Mess. 
Fletcher  &  Safford  join  the  abovementioned  Committee  appointed  by 
tlic  House. 

The  following  Resolution  was  sent  from  the  House — ''In  General 
Assembly  Oct'-  18»»^-  1804— On  motion  of  M'-  Tarbox,  Voted,  That  the 
First  Turnpike  Committee  be  discharged  from  acting  on  the  Bill  and 
Petiticm  relating  to  a  Road  thro-  Randolph.  Extracts  from  the  journals. 
Attest  M.  Post  Clk."' — which  Resolution  was  read,  and  on  motion, 
Resolved,  That  the  Governor  and  Council  concur  in  the  same. 

Two  Petitions,  one  from  a  number  of  the  Inhabitants  of  Tiumouth, 
and  one  from  a  number  of  the  Inhabitants  of  Danby,  were  received 
from  the  House  with  the  following'  order  on  each:  "In  General  As- 
sembly Oct'-  17,  1804 — Read  and  Referred  to  the  Committee  on  the 
Petition  of  Benjamin  Jaquith.  Attest  M.  Post  Clk." — whereupon  it 
was  Resolved,  To  concur  in  the  above  reference. 

A  Communication  from  Gamaliel  Painter  Esquire,  covering  Two 
Proposals  for  Building  a  Slate's  Prison,  was  received  from  the  House 
with  this  order  thereon — ''In  General  Assembly  Ocf-  17,  1804 — Read 
and  Referred  to  Mess.  Shunnvay,  Aiken,  E.  Porter,  W.  Pcrn%  Bucking- 
ham, E.  Butler,  Chipman,  MolFet,  Pomeroy,  Stanley,  and  D.  Dana,  to 
join  Committee  from  Council.  Attest  M.  Post  Clk'- — whicli  Pj'oposals 
and  Communication  were  read  with  the  order  of  the  Huuse  thereon,  and 
it  was,  on  motion.  Resolved,  That  Gov'-  Brigham  and  M'-  Wheelock  join 
the  Committee  from  the  House. 

Two  Engrossed  Bills,  passed  in  the  House  of  Representatives,  were 
sent  up  to  Gov-  and  Council  for  their  Revision  &c. — one  Entitled  "An 
Act  remitting  a  Sura  of  Monev  to  the  Town  of  Xew  Haven  in  tiie  State 
of  Vermont" — and  the  other  ^Entitled  "An  act  directing  the  Treasurer 
to  pay  Samuel  French  the  sum  therein  mentioned" — which  were  sever- 
ally read,  and  it  was,  on  Motion,  Resolved,  To  concur  with  the  House  in 
passing  said  Bills  into  Laws. 

M'-  Hutchinson,  from  the  House,  informed  the  Council  that  the  Housi; 
had  rescinded  from  their  acceptance  of  the  Report  of  the  Committee  ol 
both  Houses  on  the  Resolution,  which  originated  in  Council,  respecting 
the  unfinished  business  in  Council  referred  from  the  adjourned  Session 
of  the  Legislature,  and  had  also  concurred  in  the  Resolution,  which 
originated  in  Council,  directing  the  Secretary  of  the  Governor  and  Coun- 
cil to  deliver  over  all  such  Bills,  referred  as  aforesaid,  to  the  Clerk  of  the 
General  Assembly. 

In  pursuance  of  the  above  joint  Resolution  the  Secretary  delivered  to 
the  Clerk  of  the  General  Assembly  the  following  Bills  &c. — one  Enti- 
tled An  Act  Incorporating  certain  Persons  therein  mentioned  by  the 
name  of  the  Onion  River  Turnpike  Company — one  Entitled  An*^  Act 
appointing  a  Committee  to  lay  out  and  survey  a  road  from  the  Bridge 
over  Connecticut  River  in  Norwich  to  Chelsea  Court-House — and  one 
Entitled  an  Act  organizing  certain  Regiments  of  Cavalrv  therein  men- 
tioned ;  also  a  Report  of  a  Committee  for  laying  a  Road  thro'  the 


Governor  and  Council — October  1804.  15 

County  of  Orleans — and  The  Petition  of  Wait  Rathburne  and  others  for 
a  Turnpike. 
Adjourned  to  9  O'clock  Tomorrow  Morning. 


Rutland,  Friday  October  W^  1804,  0  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Petition  of  Elijah  Dewey  and  others,  for  a  Turnpike  Road  from 
Bennington  to  Pownal,  was  received  from  the  House  with  this  order 
thereon —  *  In  General  Assembly  Ocf-  18,  1804,  Read  and  Referred  to 
the  first  Turnpike  Committee,  to  join.  Attest  M.  Post  Clk." — in  which 
Reference  it  was  Resolved,  To  Concur. 

A  Petition  for  a  Land-Tax  on  Goshen  Gore  by  Wheelock  was  sent 
from  the  House  with  this  order  thereon — "  In  General  Assembly  Ocf- 
18,  1804,  Read  and  Referred  to  the  Third  Land-Tax  Committee.  Attest 
M.  Post  Clk." — whereupon  it  was  Resolved,  To  concur  in  the  above  ref- 
erence. 

The  Petition  of  Bohan  Shepard,  High  Bailifl' of  Franklin  County,  was 
received  from  the  House  with  the  following  order  thereon:  *'  In  General 
Assembly  Oct'-  18*»  1804,  Read  and  Referred  to  Mess*-  Buckingham, 
Williams,  and  Stacey,  to  joih.  Attest  M.  Post  Clk.'' — which  was  read 
and  it  was  Resolved,  That  Mess.  Fletcher  and  Witherell  join  the  Com- 
mittee appointed  by  the  House. 

A  Bill,  passed  in  the  House  of  Representatives,  Entitled  "  An  Act 
annexing  a  part  of  the  Town  of  Addison  to  the  Town  of  Weybridge," 
was  sent  up  to  Council  for  their  Revision  &c.  and  being  read  with  ihe 
accompanying  Petitions,  it  was,  on  Motion,  Resolved,  That  it  be  referred 
to  Mess.  Wheelock  and  Witherell. 

Adjourned  to  2  O'clock  P.  M.  . 

2  O'clock  P.  M.— A  Bill,  passed  in  the  House  of  Representatives, 
Entitled  *'  An  Act  relating  to  the  Records  and  Town  Officers  of  the 
Town  of  Leicester,"  was  sent  to  Council  for  their  Revision  &c.  and  being 
Read,  it  was  Resolved,  That  it  be  referred  to  Mess.  Witherell  and 
Loorais. 

The  Governor  communicated  to  the  Council  a  Letter  and  Memorial 
from  Gen^-  Ira  Allen,  which  were  read  and  it  w^as  Ordered,  That  the  Sec- 
retary carry  the  same  to  the  House  of  Rcpresenlatives. 

Two  Bills,  passed  by  the  House  of  Representatives,  one  Entitled  *'An 
Act  for  the  relief  of  the  Inhabitants  of  Townsend,"  the  other  "An  Act 
tor  the  relief  of  the  First  Congregational  [Society]  in  Townsend,"  were 
sent  to  Council  for  their  Revision  &e.  and  being  read,  it  was  Re- 
solved, That  they  be  Referred  to  Mess.  Fletcher  and  Spoorier. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Saturday  October  20^'  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  Petition  for  a  Turnpike  Road  from  Burlington  to  the  State  of  New 
York,  A  Remonstrance  from  Sam*-  Dwight  and  others  against  the  Peti- 
tion for  a  Turnpike  from  Bennington  to  Pownal,  and  An  Act  incorpo- 
rating certain  persons  therein  mentioned  by  the  name  of  the  Onion 
River  Turnpike  Company,  were  received  from  the  House  with  the  fol- 
lowing order  on  each,  viz.  "  In  Gen*-  Assembly  Ocf- 19***- 1804,  Read  and 
referred  to  the  First  Turnpike  Committee,  "to  join.  Attest  M.  Post 
Clk." — upon  which  it  was  Resolved,  To  concur  in  the  above  Reference. 


16  Governor  and  Council — October  1804. 

A  Petition  from  the  Northern  Turnpike  Company  was  sent  from  the 
House  with  this  order  thereon:  "In  Gen^  Assembly  Oct*^-  IQ*^*  1804, 
Read  and  Referred  to  the  Second  Turnpike  Committee,  to  join.  Attest 
M.  Post  Clk." — in  which  Reference  it  was  Resolved  to  concur. 

A  Petition  for  a  Land-Tax  on  Highgate  was  received  from  the  House 
with  this  order  minuted  thereon:  "In  Gen'-  Assembly  Ocf^- 19*^'  1804, 
Read  and  referred  to  the  Third  Land-Tax  Committee,  to  join.  Attest 
M.  Post  Clk." — in  which  reference  the  Council  concurred. 

The  Petition  of  Ira  Allen  was  sent  from  the  House  with  this  order 
minuted  on  it:  "  In  Gen^  Assembly  Ocf- 19"*'  1804,  Read  and  referred 
to  Mess.  Shaw,  Hendee,  Baker,  T.  Hutchinson,  and  Olin,  to  join.  Attest 
M.  Post  Clk." — which  was  read  and  Resolved,  That  M^-  ^iles  join  the 
Committee  appointed  by  the  House. 

A  Bill,  passed  in  the  House  of  Representatives,  Entitled  "An  Act  to 
ratify  certain  proceedings  of  the  Town  of  Topsham,"  was  sent  up  to  the 
Council  for  their  Revision  &c.  and  being  read,  it  was  Resolved,  To  con- 
cur with  the  House  in  passing  this  Bill  into  a  Law. 

The  Committee  on  the  Bill,  Entitled  "An  Act  annexing  a  part  of  the 
Town  of  Addison  to  the  Town  of  Weybridge,"  reported  that  it  ought  to 
pass  without  amendments,  which  report  was  accepted  and  it  was  Re- 
solved, To  concur  with  the  House  in  passing  the  said  Bill  iuto  a  Law. 

On  Motion,  M^-  Niles  introduced  a  Bill  Entitled  "  an  act  in  addition  to 
an  act  Entitled  an  act  directing  the  mode  of  the  Election  of  Governor, 
L*-  Governor,  Treasurer,  Councillors,  and  Town  Representatives,"  which 
was  read  and  Ordered,  That  it  lie  on  the  Table. 

The  Committee  on  the  Bill  Entitled  "  An  Act  relating  to  the  Records 
and  Town-Officers  of  the  Town  of  Leicester,"  reported  that  it  ouo;ht  to 
pass  with  the  following  amendments,  viz.  After  the  word  That^  in  the 
first  line  of  the  Third  Section,  erase  the  remainder  of  the  Section  and 
insert  the  following — "  Salathiel  Bump  and  Reuben  Sexton  Esquires  of 
Salisbury,  after  being  duly  sworn  to  the  faithful  performance  of  such 
trust,  are  hereby  authorized  to  examine  the  transcribed  Records  of  the 
proceedings  of  the  Town  Meetings  in  said  Town  of  Leicester,  and  if 
found  correct  to  make  their  certificate  in  the  Book  containing  said  Rec- 
ords, certifying  them  to  be  truly  copied  from  the  original  Records;  and 
shall  also  insert  in  said  Book  the  certificate  of  their  oath  from  the  au- 
thority before  whom  they  were  sworn,  together  with  this  act — which 
Records,  so  transcribed  and  certified,  shall  be  deemed  and  become  the 
legal  Records  of  said  Town,  and  certified  extracts  and  copies  from  the 
same  may  be  read  in  evidence  in  all  cases  in  Law  and  Equity,  and  shall 
have  the  same  force  and  effect  as  they  would  have  had  if  certified  from 
the  original  Records  " — which  report  was  accepted  and  it  was  Resolved, 
To  concur  in  passing  the  said  Bill  into  a  Law  with  the  proposed  amend- 
ments, and  M'-  Looinis  requested  to  inform  the  House  of  the  Reasons 
of  Council  for  adopting  them. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  Council  met,  and  having  no  business  before 
them  Adjourned  to  9  O'clock  Monday  Morning. 


Monday  October  22°«».  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Petition  of  S.  Brigham  was  sent  from  the  House  with  this  order 
thereon — "  In  Gen*-  Assembly  Oct'-  16**>»  1804,  Read  and  Referred  to 
Mes'-  B.  Clap,  Munson,  and  Ilale,  to  join.  Attest  M.  Post  Clerk  ** — 
which  Petition  was  read,  and  it  was  Resolved,  That  M""-  White  join  the 


Governor  and  Council — October  1804.  17 

Committee  appointed  by  the  House — also  Two  Petitions,  one  from  Abel 
Willey,  the  other  from  Joseph  Conner,  which  were  referred  by  the 
House  to  the  Committee  on  the  Petition  of  S.  Bri^ham,  which  Petitions 
being  read,  it  was  Resolved,  To  concur  with  the  House  in  their  Refer- 
ence. 

The  Petition  of  the  Weathcrsfield  Turnpike  Company  was  again  rec** 
from  the  House  with  this  new  order  thereon — ''In  Gen'  Assembly  Oct'- 
20***'  1804,  Report  Read,  not  accepted,  and  recommitted  to  same  Com- 
mittee, to  join.  Attest  M.  Post  Clk."  in  which  recommitment  the 
Council  concurred. 

The  Petition  of  the  Sclec-tmen  of  Windham  was  received  from  the 
House  with  this  order  thereon:  "In  Gen*  Assembly  Octf-  19^'  1804, 
Read  and  Referred  to  Mess.  Chii)man,  E.  Butler,  &  01in,to  join  Commit- 
tee from  Council.  Attest  M.  Post  Clk."— which  was  read  and  Resolved, 
that  M'-  Wheelock  join  the  Committee  appointed  by  the  House. 

The  Petiticm  of  Timothy  Allen  against  Asu  Lyon  for  a  new  Trial  was 
received  from  the  House  with  this  order  on  the  same — *'In  Gc^*  Assem- 
bly Ocf-  17,  1804,  Read  and  referred  to  Committee  for  new  trials,  to 
join.  Attest  M.  Post  Clk." — which  was  read  and  the  Reference  on  the 
same  concurred  in. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"'An  Act  directing  the  Treasurer  to  pay  Benjamin  Emmons  Ju*"-  the 
sum  therein  mentioned,"  was  sent  up  to  Council  for  their  Revision  &c. 
and  being  read  it  was  Resolved,  To  concur  with  the  House  in  passing  8<* 
Uill  into  a  Law,  with  this  Proposal  of  Amendment  to  be  added  to  the 
Bill— ''For  his  services  as  Auditor  of  accounts  against  this  State  until 
16"»  Ocf- 1804." 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'*An  act  supplementary  to  an  act  Entitled  an  act  to  incorporate  the 
Third  Medical  Society,"  was  sent  up  to  Council  for  their  Revision  &c. 
and  being  Read  it  was  Resolved,  To  concur  with  the  House  in  passing 
the  s**  Bill  into  a  Law. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
''An  act  in  alteration  of  and  to  amend  an  act  laving  a  Tax  of  Two  Cents 
per  acre  in  Waterbury  &c."  was  sent  up  to  the  Council  for  their  Revision 
&c.  and  being  read  it  was,  on  motion.  Referred  to  M"^-  Loomis  to  enquire 
into  facts  and  make  report. 

A  Bill,  passed  in  the  House  of  Representatives,  Entitled  "An  Act 
remitting  a  Sum  of  Money  to  the  Town  of  Berkshire,"  was  sent  up  to 
the  Council  for  their  Revision  &c.  and  being  read  it  was  Resolved,  To 
concur  with  the  House  in  passing  the  said  Bill  into  a  Law. 

M*^-  Witherell,  on  motion,  introduced  a  Bill  Entitled  ''An  act  to  em- 
power Elizabeth  Wooster,  Administratrix,  to  sell  and  convey  certain 
Lands,"  which  was  read  and  it  was  Resolved,  That  it  be  referred  to  M'- 
Galusha  to  join  such  Committee  as  the  House  shall  appoint. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
**An  act  directing  the  Treasurer  to  pay  to  Joel  Frost  the  sum  therein 
mentioned,"  was  sent  up  to  the  Council  for  their  Revision  &c.  and  beins 
read,  it  was  Resolved,  To  concur  with  the  House  in  passing  the  8<*  Bill 
into  a  Law. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — A  Bill,  passed  in  the  House  of  Representatives, 
Entitled  "An  act  granting  to  the  Town  of  Windham  the  privilege  of 
being  separately  represented,"  was  sent  up  to  the  Gov.  &  Council  for 
their  Revision  &c.  and  being  read,  it  was,  on  Motion,  Resolved,  That  it 
be  referred  to  M'*  Fletcher. 

2 


18  Governor  and  Council — October  1804. 

The  Officer  of  the  House  delivered  the  following  written  message: 
"  In  Gen^  Assembly  Oct^-  22^  1804,  Resolved,  That  this  H(»use  concur 
in  the  amendments  proposed  by  the  Governor  and  Council  to  the  Bill 
Entitled  "  An  act  relating  to  the  Records  and  the  Town  Otticers  of  the 
Town  of  Leicester" — and  also  in  the  amendments  proposed  to  a  Bill 
Entitled  •' An  act  directing  the  Treasurer  to  pay  to  Benjamin  Emmons 
Ju'-  the  Sum  therein  mentioned."  Extract  from  the  Journals.  Attest 
M.  Post  Clk." 

The  Bill,  Entitled  *'  An  act  in  addition  to  an  act  Entitled  an  act 
directing  the  mode  of  the  Election  of  Governor,  L*-  Governor,  Treas- 
urer, Councillors,  and  Town  RepresenUitiv^s,"  was  again  read  and  on 
Motion,  Resolved,  That  it  be  referred  to  Mess.  Niles  and  Galusha. 

The  Committee  on  the  Bill  Entitled  *'  An  act  granting  to  the  T6wu  of 
Windham  the  privilege  of  being  separately  represented,"  reported  that 
it  ought  to  pass  without  amendments,  which  report  was  not  accepted, 
and  on  Motion  Resolved,  That  it  be  recommitted,  with  the  addition  of 
M'-  Spooner. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"  An  act  annexing  part  of  the  Town  of  Addison  to  the  Town  of  Walt- 
ham,"  was  sent  up  to  the  Governor  and  Council  for  their  Revision  «&c. 
and  being  Read,  it  was,  on  Motion,  Resolved,  That  it  be  relerred  to  M^- 
Witherell. 

Adjourned  to  9  O'clock  tomorrow  morning. 


Rutland  Tuesday  October  23"*- 1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Petition  of  Jabez  G.  Fitch  against  Eben  W.  Judd  for  a  new  Trial 
was  received  from  the  House  with  this  order  on  the  same — "In  Gen^ 
Assembly  Oct*^-  22**'  1804,  Read  and  Referred  to  the  Committee  on  new 
Trials.  Attest  M.  Post  Clk" — which  was  read  and  it  was  Resolved, 
That  the  Gov^-  &  Council  concur  in  the  above  reference. 

The  Committee  to  whom  was  referred  the  *'  Act  granting  to  the  Town 
of  Windham  the  privilege  of  being  separately  represented,"  re[)orted 
the  following  Amendments:  Amend  the  Title  of  the  Bill  by  substituting 
the  following  in  lieu  of  the  present  Title,  *'  An  Act  in  addition  to  and  in 
alteration  of  an  act  Entitled  An  act  forming  the  East  part  of  London- 
derry and  Mack's  Leg  into  a  separate  Town,  passed  October  22**-  1705." 
Insert  the  following  preamble — "  Whereas,  by  the  aforesaid  act  the 
Town  of  Londonderry  and  the  Gore  called  Mack's  hit^  were  erected 
into  two  separate  Towns  by  the  names  of  Londonderry  and  Windham, 
for  all  purposes  except  that  of  electing  and  sending  Two  Representa- 
tives to  the  General  Assemblv  &  conventions;  and  whereas,  from  tlie 
local  situation  of  the  «•*  two  Towns,  great  inconveniencies  arise  to  the 
Inhabitants  of  Windham,  from  being  obliged  to  travel  a  great  distance 
to  attend  Freeman's  Meetings,  to  remedy  which."  Afler  the  word  Tliat, 
in  the  second  line  of  the  Bill,  erase  the  remfiinder  of  the  Bill  and  insert 
the  following  in  lieu  thereof,  '•  both  the  said  Towns  of  Londonderry  and 
Windham  in  the  County  of  Windham  be,  and  thev  are,  hereby,  incorpo- 
rated into  two  separate  and  distinct  Towns,  and  that  th(^  Inhabitants 
residing  therein  shall  have  all  the  privileges  and  immunities  belonging 
to  other  Incorporated  Towns  in  this  State,  any  Law,  Usage,  or  Custom 
to  the  Contrarv  notwithstanding  " — which  Report  was  accepted  and  it 
was  Resolved,  To  concur  with  the  House  in  passing  s<*  Bill  into  a  Law 
with  the  Proposed  amendments,  and  M'-  Loomis  requested  to  inform  the 
House  of  the  Reasons  of  Council  in  adopting  those  amendments. 


Chvemor  and  Council — October  1804.  19 

• 

The  Committee  on  the  Bill  Entitled  ''An  Act  in  alteration  of  and  to 
amend  an  act  laying  a  Tax  of  Two  Cents  on  each  acre  in  Waterbury," 
reported  that  it  ought  to  pass  without  amendments,  which  report  was 
accepted,  and  on  motion  Resolved,  To  concur  with  House  in  passing  said 
Bill  into  a  Law.  • 

'*An  act  laying  a  Laud-Tax  on  Canaan''  was  received  from  the  House 
with  this  order  thereon:  "Introduced  by  M'-  Beach.  In  Gen^-  Assem- 
bly Oct»^-  22°**'  1804,  Read  and  referred  to  the  First  Land-Tax  Committee, 
to'join.  Attest  M.  Post  Clk" — in  which  Reference  the  Council  concurred. 

"An  act  suspending  prosecutions  against  Nathaniel  Callender"  was 
also  received  from  the  House  with  the  following  order  on  it:  "In  Gen^ 
Assembly  Ocf-  22"<*'  1804,  Read  and  Committed  to  the  Committee  on 
the  Petition  of  S.  Bingham  [Brigham,]  to  join.  Attest  M.  Post  Clk" — 
which  Bill  was  read,  and  Resolved,  To  concur  with  the  House  in  the 
above  reference. 

The  Petition  of  Timothy  Brown  against  Ripley  Torrey  was  sent  from 
the  House  to  Council  with  this  order  thereon — "In  Gen*-  Assembly  Oct'- 
22!^  1804,  Read  and  referred  to  Mess"-  P.  Smith,  T.  Hutchinson,  and 
Shumway,  to  join  Committee  from  Council.  Attest  M.  Post  Clk " — 
whi<;fi  Petition  being  read  it  was  Resolved,  That  Gov'-  Brigham  and  M'* 
Shepardson  join  the  Committee  from  the  House. 

The  Report  of  the  Trustees  of  the  University  of  Vermont,  made 
agreeably  with  the  Concurrent  Resolution  of  both  Houses  at  the  ad- 
journed Session  at  Windsor,  with  a  number  of  Documents  accompany- 
ing the  same,  was  received  from  the  House  with  the  following  order  on 
the  same:  "In  Gen*-  Assembly  Ocf-  22°**-  1804,  Read,  and  with  the  ac- 
companying Papers,  referred  to  Mess*-  [Jacob]  Galusha,  [Mark]  Rich- 
ards, E.  [Ezekiel]  Porter.  J.  [James]  Smith,  [Henry]  Olin,  Ja'-  Fisk,  E. 
[Ezra]  Butler,  [Jonathan]  El  kins,  [Seth]  Pomeroy,  [Timothy]  Stanley, 
and  D.  [Daniel]  Dana,  to  join  Committee  from  Council.  Attest  M. 
Post  Clk  " — which  report  being  read  it  was  Resolved,  That  Gov'-  Brig- 
ham,  Mess.  Niles  and  Witherell  join  the  above  Committee  appointed  by 
the  House.* 

The  following  Resolution  was  received  from  the  House :  "  Resolved, 
That  a  Committee  of  five  be  appoiuted  to  join  such  Committee  as  the 
Governor  and  Council  may  appoint,  to  make  enquiry  concerning  the 
Gliibe  Lands  in  the  several  Towns  in  this  State,  and  make  Report  to 
this  House  whether  the  said  Lands  belong  to  this  State,  and  if  so,  in 
what  way  they  shall  be  disposed  of.  In  Gen*-  Assembly  Oct'-  22'»<*»  1804, 
Read  and  referred  to  Mess.  [Asa]  Lyon,  T.  [Titus]  Hutchinson,  [Sam- 
uel] Shaw,  D.  [Daniel]  Dana,  and  E.  [Ezra]  Butler,  to  join.  Attest  M. 
Post  Clk  " — which  Resolution  being  read,  it  was  Resolved,  To  concur 
therein,  and  that  Mess*-  White  and  Spooner  join  the  Committee  ap- 
pointed by  the  House. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'•  An  Act  appointing  a  Committee  to  lay  out  and  survey  a  Road  leading 
from  White  River  in  Royalton  «&c."  was  sent  up  to  the  Council  for  their 
Revision  &c.  and  being  read,  it  was,  on  Motion,  Resolved,  That  it  be 
referred  to  M'-  White. 


^  Pursuant  to  a  joint  resolution  of  the  Legislature  of  Feb.  4, 1804,  (see 
Vol.  IV,  p.  418,)  the  Trustees  submitted  a  report  of  its  income  from 
leased  lands  and  from  subscriptions,  and  of  its  expenditures  for  edifices 
for  the  college  and  its  president,  &c.,  for  which  see  printed  Assembly 
Journal  of  October  session,  1804,  p.  118. 


20  Governor  and  Council — October  1804. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'*An  Act  enabling  the  Clerk  of  the  County  of  Caledonia  to  record  the 
Sales  of  Robert  Whitelaw  as  Collector,"  was  sent  up  t(»  Council  for  their 
Revision  &c.  and  being  Read,  it  was,  on  motion,  liesolved,  That  it  be 
referred  to  M""-  Saflbrd. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  Governor  and  Council,  pursuant  to  adjourn- 
ment, joined  the  House  of  Representatives  in  their  Room  in  joint 
Committee,  and  making  progress,  the  Committee  was  adjourned  to  Fri- 
day next,  at  the  opening  of  the  House  in  the  atlernoon,  and  the  Gov*^-  & 
Council  returned  to  their  Chamber  and  resumed  the  consideration  of 
business. 

The  Committee  on  the  Bill  Entitled  "An  act  in  addition  to  an  act 
Entitled  an  Act  directing  the  mode  of  the  Election  of  Governor,  L* 
Governor,  Treasurer,  Councillors,  and  Town  Representatives,"  reported 
the  Bill  with  sundry  amendments,  and  it  was  Resolved,  That  the  said 
Bill  do  pass,  and  that  it  be  engrossed  and  sent  to  the  House  for  Ihtir 
Concurrence,  &c. 

The  Officer  of  the  House  delivered  in  Council  this  message  from  that 
Body:  '*In  Gen^-  Assembly  Oct'-  23,  1804,  Resolved,  that  the  Jlouse 
concur  in  the  Amendment  proposed  by  the  Governor  and  ("ouncil  to  the 
Bill  originally  Entitled  "An  act  granting  to  the  Town  of  Windham  the 
Privilege  of  being  separatelv  Represented  in  the  General  Assemblv  of 
this  State."    Extract  from  the  Journals,     Attest     M.  Post  Clk." 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Wednesday,  October  24"»'  1804,  0  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

M'-  Satlbrd  asked  and  obtained  leave  of  absence  for  the  remainder  of 
the  Session  after  tomorrow. 

The  First  Turnpike  Committee  having  reported  to  the  House  against 
the  Petitions,  Bills,  &c.  which  had  been  referred  to  them,  the  Report 
was  sent  up  to  Council  with  the  following  order  of  the  IIouj*e  thereon: 
"In  Gen*-  Assembly  Oct*^-  23'''  1804,  Report  read,  not  accepted,  the  Papers 
all  recommitted  to  the  First  Turnpike  Committee,  to  join  Conmiittee 
from  Council,  with  the  addition  of  Two  Members,  viz.  Mess.  Chipman 
and  Shaw  from  the  House,  to  examine  each  Petition.  Bill  and  Remon- 
strance, separately,  state  facts  and  make  separate  Reports.  Extract 
from  the  Journals.  Attest  M.  Post  Clk" — which  Report  and  the  order 
of  the  House  thereon  being  read,  it  was  Resolved,  To  join  with  the 
House  in  the  above  reference,  and  that  M*"  Niles  be  added  to  the  Com- 
mittee from  the  Council. 

Adjourned  to  2  O'clk  P.  M. 

2  O'CLOCK  P.  M.— The  Committee  on  the  Bill  Entitled  ''An  act  ap- 

Sointing  a  Committee  to  lay  out  and  survey  a  R<»ad  leading  from  While 
liver  in  Royalton  &c."  reported  the  following  Amendments — "after  the 
word  opened  in  tlie  second  line  of  the  provisional  clause  in  the  Third 
Section,  erase  the  remainder  of  the  Clause  and  insert  the  following  - 
"and  established,  until  all  Damages  thereby  done  to  Individuals  shall  be 
paid:  which  Damages  shall  be  assessed  by  the  Committte  named  in  the 
thirst  Section  of  this  act,  and  in  case  any  person,  by  such  assessment, 
shall  think  him  or  herself  aggrieved,  he  or  she  may  make  application  lo 
any  Justice  of  the  Peace  in  the  County  where  the  Damag(?s  are  t<»  be 
appraised,  and   the  same  proceedings  shall  thereupon  be   had  as   is 


Governor  and  Council — October  1804.  21 

pointed  out  by  Law  where  Roads  are  laid  out  and  altered  by  the  Select- 
men of  Towns" — which  amendment  was  adopted,  and,  on  motion,  Re- 
solved, To  concur  with  the  House  in  passing  the  s<*  Bill  inlo  a  Law  with 
the  proposed  amendments,  and  M*^-  White  requested  to  inform  the  House 
of  ihc  Reasons  of  Council  in  adopting  those  amendments. 

The  following  Engrossed  Bills,  passed  in  the  House  of  Represent- 
atives, were  sent  up  to  the  Gov*^  &  Council  for  their  Revision  &c. — "An 
Act  laying  a  Tax  of  Three  Cents  per  acre  on  the  Town  of  Peru:"  "An 
Act  laying  a  Tax  of  Two  Cents  per  acre  on  the  Town  of  Irasburgh;" 
"An  Act  in  addition  to  an  act  Entitled  an  act  laying  a  Tax  of  Three 
cents  per  acre  on  Lincoln,  and  one  Cent  per  acre  on  Avery's  Gore." 
"An  act  appointing  a  new  member  of  a  Committee  on  a  Land-Tax  in 
Navy"  [Charleston;]  *'An  act  laying  a  Tax  of  Three  Cents  per  acre  on 
the  Town  of  Billymead"  [Sultcm;]  and  "An  Act  annexing  a  part  of  Put- 
ney to  Brookline" — which  Bills  were  severally  read  and  considered,  and 
it  was  Resolved,  To  concur  with  the  House  in  passing  them  into  Laws. 

The  Following  Message  was  received  from  the  House — '"In  Gen^-  As- 
sembly Oct'  24^'  1804,  Resolved,  that  this  House  do  concur  with  the 
Governor  and  Council  in  their  amendment  proposed  to  the  Bill  Entitled 
"An  act  appointing  a  Committee  to  lay  out  and  survey  a  Road  leading 
from  White  River  in  Royallon"  «&c.  tvc.  Extract  from  the  Journals, 
Attest    M.  Post  Clk.' 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Rutland,  Thursday,  October  25"'.  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Petition  for  a  Land-Tax  on  the  Towns  of  Ripton,  Goshen,  and 
Philadelphia  [part  of  Chittenden.]  was  again  received  from  the  House 
with  tlu*  following  new  order  minuted  thereon:  "In  General  Assembly 
Ocl"^  041b.  1804,  Report  read  and  recommitted  to  the  Third  Land-Tax 
Committee,  to  join.  Attest  M.  Post  Clk" — in  which  recommitment  the 
Council  concurred. 

The  Petiti(»n  for  a  Land-Tax  on  Wenlock  and  Brunswick  was  again 
f»('nt  up  to  Council  with  this  new  order  of  the  House  on  it — *'  In  General 
.\sseinbly  Ocf-  24*'''  1804,  Report  read  and  recommitted  to  the  second 
Land-Tax  Committee,  to  join.  Attest  M.  Post  Clk  " — in  which  recom- 
mitment the  Council  concurred. 

Two  Bills,  one  Entitled  ''  An  Act  granting  to  John  and  Charles  Mc- 
Niel  the  right  <»f  keeplfi^  Ferries  in  Charlotte,"  and  the  other  Entitled 
"An  Act  granting  to  Charles  McNiel  the  riglU  of  keeping  a  Ferry," 
were  received  from  the  House  with  this  order  on  each — '•'■  In  General 
Assembly  Oct'-  24*-  1804,  Referred  to  the  Committee  on  the  Petition 
from  Charlotte,  to  join.  Attest  M.  Post  Clk" — whereupon  it  was  Re- 
solved to  concur  in  the  above  Reference. 

The  Petition  of  John  Nott  was  received  in  Council  with  this  order  of 
the  House  thereon:  "In  General  Assembly  Ocf^   24^'  1804,  Read  and 
Relerred  to  Mess"  Ja"   Fisk,  Potter,  k>  Rich,  to  join.     Attest   M.  Post 
Clk  " — upon  which  it  was  Resolved,  That  M*"-  Loomis  join  the  above 
Committee  appointed  by  the  House. 

The  joint  Committee  appointed  on  the  Bill  Entitled  "An  act  concern- 
ing Costs  of  Criminal  Prosecutions,"  having  reported  to  the  House  a 
new  Bill  with  the  same  Title  as  a  Substitute  for  the  tbrmer  one,  it  was 
sent  up  to  Council  with  this  order  of  the  House  thereon:  "  In  General 
Assembly  Oc\y-  24"''  1804,  Read  and  recommitted  to  the  same  committee, 
to  join,  and  made  the  order  of  the  day  for  Monday  morning  next.     At- 


22  Governor  and  Council — October  1804. 

test  M.  Post  Clk  " — which  new  Bill  was  read,  and  it  was  Resolved,  To 
Join  the  House  in  their  Reference  as  above. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"  An  act  to  incorporate  the  Owners  and  Proprietors  of  an  Acqueduct  in 
Middlebury,''  was  sent  up  to  Council  for  their  Revision  &c.  and  being 
Read,  it  was,  on  Motion,  Resolved,  That  it  be  referred  to  M*"-  Witherell. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"  An  act  empowering  the  Proprietors  of  the  Town  of  Weybridge  to  lay 
out  their  undivided  Lands  by  Pitches,"  was  sent  up  to  Council  for  their 
Revision  &c.  and  being  read,  it  was  Resolved,  That  it  be  referred  to  M'- 
Niles. 

M'-  Galusha  asked  and  had  leave  to  introduce  a  Bill  Entitled  "  An  act 
relating  to  the  duty  of  the  several  County,  Town,  and  Society  Clerks  in 
this  State,"  which  was  read  and  Ordered,  That  it  lie  on  the  Table. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"  An  act  annexing  part  of  the  Northern  School-District  in  Stockbridge 
to  the  Middle  School-District  in  Pittsfield,"  was  sent  up  to  the  Council 
for  their  Revision  &c.  and  being  read,  it  was  Resolved,  That  it  be  refer- 
red to  M*"-  Fletcher. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
•'  An  act  annexing  part  of  the  Town  of  Bolton  to  the  Town  of  Rich- 
mond," was  sent  up  to  Council  for  their  Revision  &c.  and  being  read  it 
was  Resolved,  To  concur  with  the  House  in  passing  s<^  Bill  into  a  Law. 

The  Committee  on  the  Bill  Entitled  "An  act  annexing  a  part  of  the 
Town  of  Addison  to  the  Town  of  Waltham,"  report  that  the  same  ought 
to  pass,  whereupon  it  was  Resolved.  To  concur  with  the  House  in  pass- 
ing the  said  Bill  into  a  Law. 

Adjourned  to  2  O'clock  P.  M. 

2  O'CLOCK  P.  M.— The  Committee  on  the  Bill  Entitled  "An  act  an- 
nexing part  of  the  Northern  School-District  in  Stockbridge  to  the 
Middle  School-District  in  Pittsfield,"  reported  that  it  ought  to  pass, 
whereupon  it  was,  on  Motion,  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  in  addition  to  an  act  establishing  a  Corporation  by  the  name  of 
the  Williamstown  Centre  Turnpike  Company,"  Was  sent  up  to  Council 
for  iheir  Revision  &c.  and  being  read  M"^-  Galusha  moved  that  it  be 
amended  by  erasing  the  word  'iifty"  in  the  sixth  line  of  the  Bill,  and 
that  the  word  "forty"  be  inserted,  and  the  yeas  and  navs  being  required 
by  M*"-  Witherell  were  as  follows,  viz.  Fea.s,  Gov*"-  Brigham,  Mess*-  Galu- 
sha, Chittenden,  Loomis,  White,  Niles,  Spooner.  and  Fletcher — Nays, 
Mess.  Witherejl,  Shepardson,  and  Wheelock.  Yeas  8,  Nays  3,  so  the 
amendment  was  adopted,  and,  on  motion.  Resolved,  To  concur  with  the 
House  in  passing  said  Bill  into  a  Law  as  amended,  and  M*"  Fletcher  re- 
quested to  inform  the  House  of  the  Reasons  of  the  said  Amendment. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  establishing:  Proprietors'  Records  in  Irasburgh,"  was  sent  up  to 
Council  for  their  Revision  &c.  and  being  read,  it  was,  on  Motion,  Re- 
solved, That  it  be  referred  to  Mess.  Spooner  and  Galusha. 

The  Committee  from  both  Houses,  appointed  on  the  Bill  Entitled  ''An 
act  to  empower  Elizabeth  Wooster,  Administratrix,  to  sell  and  convey 
certain  Lands,''  reported  to  Council  that  it  ought  to  pass,  whereupon  it 
was  Resolved,  That  the  said  Bill  do  pass,  and  ordered,  that  it  be  en- 
grossed and  sent  to  the  House  for  their  C(mcurrence. 

The  Committee  appointed  on  the  Bills,  one  Entitled  **An  act  for  the 
relief  of  the  First  Congregational  Society  in  Townsend,"  the  other  "An 


Q-ovemor  and  Council — October  1804.        '  23 

act  for  the  relief  of  the  Inhabitants  of  Townsend,"  reported  that  the 
»aine  ought  not  to  pass,  which  report  was  accepted  and  on  Motion  it  was 
Resolved,  To  nonconcur  with  the  House  in  passing  the  s<*  Bills  into 
Laws,  and  M'-  Niles  requested  to  draught  the  Reasons  of  Council  for 
such  nonconcurrence,  which  he  reported  as  follows,  and  they  were 
adopted — "Said  Bills  appear  either  to  be  useless  or  to  be  of  the  nature  of 
ex  post  facto  laws;  they  are  designed  either  to  render  legal  what  was 
illegal,  or  they  can  have  no  legal  effect." 

The  Committee  on  the  Bill  Entitled  ''An  act  to  incorporate  the  Pro- 
prietors and  owners  of  an  Acqueduct  in  Middlebury  in  the  County  of 
Addison,"  reported  that  the  following  new  Section  be  added  to  the  bill 
as  an  amendment,  viz.  "Sec*-  4.  And  it  is  hereby  further  enacted.  That 
the  Shares  in  said  acqueduct  shall  be  taken,  ueemed  and  considered 
personal  Estate  to  all  intents  and  purposes,  and  shall  and  may  be  trans- 
ferable in  such  manner  as  said  Corporation  by  their  Bye-Laws  may 
direct  and  establish.  And  when  any  Share  or  Shares  shall  be  attached 
on  mesne  process,  an  attested  copy  of  such  process,  with  the  officer's 
return  thereon,  shall  be  by  such  officer  left  immediately  with  the  Clerk 
of  such  Corporation,  otherwise  the  attachment  shall  be  void.  And  such 
Shares  may  be  sold  on  Execution  in  the  same  manner  as  is  or  may  be 
by  Law  provided  for  the  sale  of  other  personal  property,  the  Creditor 
leaving  an  Attested  Copy  of  the  Execution,  with  the  officer's  return 
thereon,  with  the  Clerk  of  said  Corporation  within  fourteen  days  after 
such  sale,  and  paying  for  recording  the  same.  And  such  Snare  or 
Shares  so  sold  as  aforesaid  shall  to  all  intents  and  purposes  vest  in  such 
purchaser" — which  amendment  was  adopted,  and,  on  motion,  it  was  Re- 
solved. To  concur  with  the  House  in  passing  said  Bill  into  a  Law,  with 
the  amendment  proposed,  and  M»"  Witherell  requested  to  inform  the 
House  of  the  Reasons  of  Council. 

The  Bill  Entitled  "  An  act  directing  Listers  in  their  office  and  duty,'" 
was  again  received  from  the  House  with  the  following  new  order 
thereon:  *-  In  General  Assembly  Ocf-  25^  1804.  Report  read,  accepted, 
and  referred  to  the  same  Committee,  to  join,  to  take  all  the  Listers' acts 
into  consideration  and  report  by  Bill  or  otherwise.  Attest  M.  Post 
Clk" — in  which  Reference  the  Council  concurred. 

The  Petition  of  Bohan  Shepard,  High  Bailiff  of  Franklin  County,  was 
again  received  from  the  House  with  this  new  order  thereon:  "In  Gene- 
ral Assembly  Oc^  25,  Report  of  Committee  read,  not  accepted,  recom- 
mitted to  the  same  Committee,  to  join,  to  take  into  consideration  the 
Law  alluded  to,  and  to  report  by  Bill  or  otherwise.  Attest  M.  Post 
Clk  " — in  which  recommitment  the  Council  concurred. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Friday  October  26«».  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

M'-  Ke3'es  returned  and  took  his  seat  in  Council. 

M""-  Witherell  asked  and  had  liberty  to  introduce  a  Bill  Entitled  **  An 
act  in  addition  to  an  act  regulating  Marriages  and  Divorces,"  and  being 
Read  it  was  Ordered,  To  lie  on  the  Table. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
*•  An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the  Town  of  Fletcher,"' 
was  sent  up  to  Council  for  their  Revision  &c.  and  being  read  was,  on 
motion,  amended  by  inserting  after  the  word  "  Tax,"  in 'the  tenth  line  of 
the  Bill,  the  following  words,  "  a  part  of  which  said  Tax,  not  less  than 
one  Third,  nor  exceeding  the  one  half  of  the  whole  sum  raised  by  said 


24  Governor  and  Council — October  1804. 

Tax,  shall  be  expended  by  said  Committee  in  repairing  the  Post-Road 
leading  thro'  said  Town,"  and  Resolved,  To  concur  with  the  House  in 
passing  the  said  Bill  into  a  J^aw,  with  the  above  proposed  amendment, 
and  M"^-  Shepardson  requested  to  inform  the  House  of  the  Reasons  of 
Council. 

M'-  Niles  asked  and  obtained  leave  to  introduce  a  Bill  Entitled  "  An 
act  to  prevent  the  Transportation  of  Grain  out  of  this  State,"  which  was 
read,  and  Ordered,  To  lie  on  the  Table. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  Governor  and  Council,  pursuant  to  adjourn- 
ment, joined  the  House  of  Representatives  in  their  Room,  for  the  pur- 
pose of  compleating  the  appointments  of  the  several  County  Officers,  and 
having  made  progress  in  that  business,  the  Committee  was  adjourned 
untill  Friday  next  at  the  opening  of  the  House  in  the  afternoon,  and  the 
Governor  and  Council  returned  to  their  Chamber  and  resumed  the  con- 
sideration of  business. 

The  "Act  relating  to  the  duty  of  Countv,  Town,  and  Society  Clerks  in 
this  State,"  was  again  read  and  referred  to  M''-  Shepardson,  t.igether 
with  Two  other  Bills  relating  to  the  same  subject  introduced  by  Mess. 
Niles  and  Loomis. 

The  Petition  of  Cap"-  John  Vincent  was  received  from  the  House 
with  this  order  thereon:  ''In  Gen'-  Assembly  Oct*"*  20*^- 1804,  Read  and 
Referred  to  Mess'-  Shaw,  Olin,  and  Buckingham,  to  join  Committee 
from  Council.  Attest  M.  Post  Clk" — which  was  read,  and  it  was  Re- 
solved, That  M"^-  Spoouer  join  the  above  Committee  appointed  by  the 
House.  J" 


*  From  the  printed  Assembly  Journal  of  Oct.  29  1804,  p.  105: 

The  petition  of  Captain  John  Vincent,  an  Indian,  with  the  report  of 
the  Committee  thereon,  were  read  as  follows: 

To  the  Fathers  of  the  People  of  Vermont^  now  assembled  in  Grand  Coun- 
cil at  liutland.  Bkothehs,  When  your  faihcrs,  to  avoid  persecution, 
fled  from  England  and  the  English  nation,  they  came  acioss  the  big 
Lake  that  separates  Europe  from  America,  and  settled  among  the  In- 
dians, of  whom  I  am  a  descendant.  At  that  time,  j/our  fathers  were 
weak,  without  friends,  and  without  provisions  or  wigwam.s: — M\'  liitlurs 
gave  them  protection,  became  their  friends,  and  furnished  lirem  with 
provisions.  And  when  the  King  of  England  assumed  an  oppressivi-  au- 
thority over  them,  they  opposed  his  oppression:  and  a  friendshij)  existed 
between  them  and  my  tribe.  At  the  commencement  of  the  war  that 
divided  the  Colonies  from  Great-Britain,  Captain  John  V^inccnt  was  a 
firm  friend  of  the  United  States.  Under  General  Washington  he  be- 
came attached  to  their  cause,  and  constantly  directed  his  arrows  against 
the  British  Sachem.  From  the  river  Kennebec,  through  the  wildern<'». 
to  Quebec,  he  pointed  out  the  way,  and  fought  under  General  Montgom- 
ery, at  the  seige  of  that  place.  Following  the  fortune  of  the  Americans, 
he  fought  under  General  Gates,  at  -Stillwater,  and  assisted  in  taking  Gen. 
Burgoyne,  and  at  various  other  places;  and  during  the  whole  war,  was 
engaged  in  the  American  service. 

Brothers,  1  am  now  become  old,  I  am  become  old  in  your  service, 
fighting  your  battles.  Seventy-three  winters  have  gone,  and  almost  half 
of  them  I  have  been  among  you. 

Brothers,  When  Capt.  John  became  your  fri(;nd.  he  was  a  young  man 
— he  could  then  catch  Beavers  and  Deer  nnouirh  to  teed  and  clothe  him; 
but  having,  thro'  age,  lost  his  activity,  the  means  of  bis  support  are  cut 


Governor  and  Council — October  1804.  25 

Tho.  Petition  of  the  Caledonia  Turnpike  Company  was  again  received 
from  the  House  with  this  new  order  minuted  thereon:  "In  General 
ARsenibly  Oct'-  26,  Read  and  referred  to  the  Second  Turnpike  Com- 
mittee, to  join.  Attest  M.  Post  Clk" — in  which  recommitment  the 
Council  concurred. 

The  Committee  on  the  Bill  Entitled  "An  act  establishing  Proprietors' 
Records  in  Irasburgh,"  reported  the  following  amendment, — "after  the 
word  "  TAat,"  in  the  second  line  of  the  act,  erase  the  remainder  of  the 
act  and  insert  the 'following,  "That  the  Proprietors  of  said  Irasburgh  be 
and  they  are  hereby  empowered,  at  any  future  Proprietors'  meeting 
legally  warned  and  holden  for  that  puri)ose,  to  ratify  and  confirm  the  fbr- 


off,  and  he  is  obliged  to  ask  of  you  a  maintenance,  which  he  refused,  for 
your  cause,  to  receive  from  others. 

Since  the  last  war.  Brothers^  I  have  stayed  on  your  mountains  and  in 
your  forests,  and  I  have  preserved  that  staying^  by  means  of  hunting, 
and  some  handicraft  business,  and  at  no  time  (for  I  a])peal  to  the  men  of 
Rutland,  and  others,  who  know  Captain  John)  have  I  departed  from  the 
path  of  friendship  and  honesty. 

Brothers,  I  come  before  you  to  solicit  assistance.  The  Great  Spirit 
will  soon  take  me  to  my  fathers;  Will  you  give  me  something  to  procure 
me  meat  and  blankets  till  the  Great  Alknortiak  shall  call  me  awa}'. 

Capt.  John  Vincent. 

To  the  General  Assembly  now  sitting.  Your  committee  to  whom  was  re- 
ferred the  petition  of  Capt.  John  Vincent,  Report^  that  the  facts  therein 
contained  arc  true,  and  that  he  have  leave  to  bring  in  a  bill,  granting 
him  the  sum  of  twenty  five  dollars,  and  to  appoint  a  guardian  to  receive 
the  same  for  his  use.  Eliakim  Spoonkk, /or  committee. 

The  appropriation  recommended  was  made,  and  lion.  Elias  Keyes 
was  appointed  guardian  ;  in  1806,  John  Fuller  of  Sherburne  was  author- 
ized to  draw  thirty  dollars  annually  for  Vincent's  support ;  in  1S07, 
$o9.35  was  granted  to  several  persons  who  had  contributed  for  his  support, 
and  in  1809  an  act  was  passed  authorizing  James  D.  Butler  of  Rutland 
to  draw  not  exceeding  sixty  dollars  annually  for  his  support. 

The  following,  originating  in  one  of  the  newspapers  published  at 
Rutland,  is  copied  from  Spooners  Vermont  Journal  of  July  2.3  1810: 

Died,  at  Parkerstown  [Mendon,^]  on  the  3d  inst.  at  the  house  of  John- 
son Ridiardson,  Esq.  Capt.  John  Vincent,  an  Indian,  aged  95.  In 
1755,  he  had  a  command  among  the  Cognawogga  tribe,  then  op])Osed  by 
French  influence  to  these  then  colonies  and  provinces.  Gi*n.  Braddock 
was  at  that  time  deteated  at  Fort  du  Quesne.  near  where  Pittsburgh 
now  is.  Capt.  Vincent  hod  reconnoitered  the  country  southerly  to  the 
mouth  of  the  Scioto,  and  had  returned  before  the  engagement.  He 
formed  the  ambuscade,  which  (Kjfeated  Bradilock.  Upon  the  de.ath  of 
Braddock  he  commanded  and  contended  against  Colonel  Washiuiiton, 
and  has  often  said  that  if  Braddock  would  have  known  the  great  man 
then  advising  him,  he  would  have  been  preserved.  That  Braddock  did 
not  consider  Colonel  Washington  as  a  soldier,  and  therefore  lost  his  life. 
—That  Col.  Washington  harrassed  the  French  and  Indians,  when  they 
supposed  themselves  to  be  the  conquerers.  At  that  time  Capt.  Vincent 
returned  with  his  warriors  to  his  tribe — That  at  the  commencement 
of  the  revolutionary  war,  he,  Capt.  John,  soon  learne(\  that  Col.  Wash- 
ington was  commander  in  chief— that  histrihe  being  in  British  interests, 
he  left  them,  fully  believing  that  the  Great  Spirit  had  preserved  Col. 


26  0-avemor  and  Council — October  1804. 

mer  allotment,  survey  and  division  of  said  Town  into  severalty,  and 
when  so  confirmed  by  the  Proprietors,  at  their  legal  meeting  holden  as 
aforesaid,  the  same  shall  be  as  good  and  valid  in  Law,  to  all  intents  and 
purposes,  as  tho'  the  survey,  allotment  and  division  had  been  previously 
made  in  the  manner  prescribed  by  a  Statute  Law  of  this  State  in  that 
case  made  and  provided,  any  Law,  Usage  or  Custom  to  the  contrary  not- 
withstanding " — which  amendment  was  adopted  and  it  was  Resolved, 
To  concur  with  the  House  in  passing  s<^  Bill  into  a  Law  as  amended,  and 
M''*  Galusha  appointed  to  assign  the  Reasons  therefor  to  the  House. 
Adjourned  to  9  O'clock  Tomorrow  morning. 


ifc 


Saturday  October  27*'^'  1804,  9  O'clock  A.  M. 
The  Council  met  pursuant  to  adjournment. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
An  act  empowering  the  Treasurer  of  this  State  to  convey  certain 


Washington— that  a  number  of  his  young  warriors,  after  the  death  of 
Braddock,  had  shot  at  Washington, "^but  nobody  could  kill  him  -  that 
about  the  year  1779,  Capt.  John'  received  from  General  Wa.«»hington  a 
Captain's  commission.  He  piloted  the  American  troops  from  Cam- 
bridge through  the  province  of  Maine  to  Quebec*  Ho  was  at  Quebec 
when  Montgomery  fell.  He  well  understood  the  history  of  the  revolu- 
tionary war,  having  in  1775  espoused  the  American  cause,  and  his  tribe 
being  seduced  to  the  British  interest.  He  has  since  secreted  himself 
among  our  mountains  in  Sherburne. 

The  Legislature  of  Vermont  having  known  this  distinguished  chief- 
tain, long  since  made  him  a  pensioner.  Caj)t.  John  was  early  educated 
by  a  Roman  Catholic  Priest  in  the  French  language  and  in  the  tenets  of 
that  church.  These  early  impressions  were  not  erased.  At  no  time 
was  this  tenant  of  the  forest  known  to  rise  without  his  orisons,  to  sleep 
without  his  vespers,  or  to  eat  without  at  least  oifering  up  his  silent  but 
reverent  petition.  From  this  Roman  instructor  he  Iiad  received  a  large 
French  bible.  This  he  often  read  and  preserved  as  his  best  inheritance, 
and  it  is  said  has  bequeathed  it  to  the  Rev.  Heman  Ball  of  this  village 
[Rutland.]  It  is  not  supposed  that  Capt.  Vincent  was  perfect,  but  he 
was  brave,  generous,  humane,  and  pious.  He  not  only  knew  how  to 
distinguish  wisdom  from  folly,  but  could  see  God  in  the  clouds  and 
hear  him  in  the  wind.  A  uniform  c<^at,  presented  him  by  General 
Washington,  he  bequeathed,  with  some  other  articles,  to  Mr.  Richardson. 
This  proud  trophy  has  been  preserved^  unsullied. 

•  In  Inrlng'B  L^e  of  Wa$hinqion^  Vol.  II,  pp.  48-l»,  It  is  stated  that  lu  177,5  seyeral  Indian  clilefi 
waited  apou  WasUinKton,  in  tlie  camp  at  Cauibridge,  '*to  liave  a  tallc  about  the  impending  inva^ston 
of  Canada.    One  was  cbief  of  tbe  Caagbnawaga  tribe.'* 

This  does  not  clearly  identify  Vincent  as  the  chief;  but  there  are 
other  ajid  good  grounds  for  according  credit  to  his  statements  :  Gen. 
Roger  Enos,  who  commanded  one  of  the  bodies  of  troops  through  the 
first  part  of  Arnold's  expedition,  was  living  in  Colchester  at  the  time'the 
foregoing  report  was  made,  and  of  course  had  personal  knowledge  of  the 
matter;  and  the  committee  consisted  of  intelligent  and  honorable  men, 
who  would  make  no  statement  that  was  not  satisfactorily  vouched,  and 
probably  by  several  persons  who  had  personal  knowledge  of  the  facts. 
Two  of  the  committee,  Samuel  Shaw  and  Henry  Olin,  were  subsequently 
Members  of  Congress,  and  the  third,  Jedediah  P.  Buckingham,  was  a 
candidate  for  the  same  office. 


Governor  and  Council — October  1804.  27 

Lands,'"  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. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
*^  An  act  altering  the  name  of  David  Hogg  Jun*"-  to  David  Hall,"  was 
sent  up  to-  Council  for  their  Revision  &c.  and  being  read  it  was.  on  mo- 
tion. Resolved,  To  concur  with  the  House  in  passing  the  same  into  a 
Law. 

Two  Engrossed  Bills,  passed  in  the  House  of  Representatives,  both 
Entitled  ''An  act  directing  the  Treasurer  to  pay  Joseph  C.  Waller  the 
sum  therein  mentioned,"  were  sent  up  to  Council  for  their  Revision  &c. 
and  being  read  it  was  Resolved,  That  they  be  referred  to  Mess«-  Loomis 
and  Galusha. 

The  Committee  on  the  above  Bills  requested  that  the  Committee  from 
the  House  might  be  heard  on  the  subject  of  those  Bills,  which  being 
granted.  Mess*-  Whitney  and  Pomeroy,  a  part"  of  the  Committee  ap- 
pointed by  the  House  to  take  those  Bills  under  consideration,  stated  the 
Grounds  upon  which  the  House  had  passed  them,  founded  upon  their 
Report. — Those  Gentlemen  having  withdrawn,  it  was  Resolved.  To  con- 
cur with  the  House  in  passing  said  Bills  into  Laws. 

M»^  Witherell,  on  motion,  introduced  the  following  Resolution:  "In 
Council  Oct'-  27"*'  1804.  Whereas,  sundry  of  the  good  Inhabitants  of  this 
Strite,  of  the  Religious  Denomination  of  Methodists,  are  desirous  that 
such  addition  or  .alteration  should  be  made  in  a  certain  Law  of  this  State 
Entitled  ''An  act  regulating  Marriage  and  Divorce,'-  as  will  enable  Min- 
isters of  that  order  to  celebrate  marriages  between  persons  of  that  De- 
nomination, Therefore  Resolved,  That  a  Committee  of  Two  be  appoint- 
ed, to  join  such  Committee  as  the  House  of  Representatives  may  ap- 
point, to  take  the  subject  into  consideration,  and  report  by  Bill  or  other- 
wise " — which  Resolution  was  adopted,  and  Mess"  Keyes  and  Fletcher 
appointed  the  Committee  from  Council.  Ordered,  That  the  Secretary 
carry  the  same  to  the  House,  and  request  their  Concurrence. 

The  Petition  of  Jonathan  Holton,  praying  for  compensation  for  Lands 
sold  him  by  the  Commissioners  of  Confiscation,  after  being  once  referred 
in  the  House  to  a  Committee  and  the  Report  thereon  not  accepted,  was 
sent  up  to  Council  with  this  order  on  it:  ''In  Gen^  Assemblv  [Oct.  26, 
1804,]  Read  and  referred  to  the  Committee  on  the  Petition  of  £.  Spooner, 
with  Mess*-  Ja"-  Fisk  and  Chipman.  to  join  Committee  from  Council. 
Attest  M.  Post  Clk'' — which  was  read  and,  on  motion,  it  was  Resolved, 
that  M*^  Wheelock  join  the  above  Committee  from  the  House. 

A  Bill  for  repealing  the  First  Section  of  an  Act  Entitled  "an  act  for 
encouraging  the  increase  of  Sheep,  passed  Nov.  6'^  1801,"  was  received 
from  the  House  with  this  order  thereon — "In  General  Assembly  Oct'- 
2^5*^'  1804,  Introduced  by  M"^-  Buel  with  leave  of  the  House,  and  referred 
to  the  Committee  on  the  Listers'  act  to  join.  Attest  M.  Post  Clk  "—in 
which  reference  the  Gov.  and  Council  concurred. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
''An  act  to  revive  an  act  laying  a  Tax  of  one  and  a  half  Cent  per  acre  on 
the  Town  of  Rochester,"  was  sent  up  to  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. 

The  following  message  was  received  from  the  House — "In  General 
Assembly  Oct'-  27^^-  1804.  Resolved,  That  this  House  concur  with  the 
Governor  and  Council  in  their  Amendments  to  the  following  Bills,  to 
wit,  "An  act  establishing  a  Division  of  Lands  in  the  Town  of  Irasburgh 
in  the  County  of  Orleans;  An  act  laying  a  Tax  of  three  Cents  per  acre 
on  the  Township  of  Fletcher;   An  act  to  incorporate  the  Proprietors 


28  Goverjior  and  Council — October  1804. 

and  owners  of  an  Acqueduct  in  Midillebury  in  the  County  of  Addison, 
and  An  act  in  addition  to  an  act  Entitled  An  act   Establisliing  a  Corpo- 
ration !)v  the  name  of  the  Williamstown  Centre  Turnpike  Company." 
Extract  from  tiie  .Journals,    Attest  M.  Post  Clk." 
Adjourned  to  2  () 'chick  P.  M. 

2  O'clock  P.  M. — An  Engrossed  Bill,  j)assed  in  the  House  of  Repre- 
sentatives. Entitled  **An  act  granting  to  John  and  Cliarles  McNeil  the 
riglit  ot  keeping  Ferries,''  was  sent  up  to  Council  for  their  Revision  &c. 
and  being  read  it  was  on  motion  Resolved,  To  concur  witli  the  House  in 
passing  said  Bill  into  a  Law. 

'•An  act  directing  Kecording  Olficers  in  their  ollice  and  duty"  was  read 
as  reported  by  M»"-  8hepardson  and  it  was  Resolved,  That  the  said  Bill 
do  pass  and  that  it  be  engrossed  and  sent  to  the  House  for  their  Concur- 
rence. 

Adjourned  to  Monday  Morning  9  O'clock. 


Monday,  October  29«»- 1804,  9  O'clock  A.  M. 

The  Council  convened  pursuant  to  adjournment. 

The  Petition  of  Xath'  Greelee  and  others  was  again  received  from  the 
House  with  tliese  new  orders  thereon:  "In  Gen'  Assembly  Oct*^  20***' 
1804,  Report  read  &  accepted  and  leave  granted  to  withdraw.  Oct.  27, 
The  a!)ove  Vote  reconsidered,  [and  petition]  recommitted  to  former 
Committee  to  join.  Attest  M.  Post  CWC — whereupon  it  was  Re.soh'^d, 
To  concur  in  tlie  recommitment  made  by  the  House. 

The  following  Bills,  having  been  passed  in  the  House  of  Representa- 
tives, were  sent  up  to  the  Governor  and  Council  for  their  Revision  &c. 
viz.  '*An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the  Town  of 
Northfield;  An  "act  laying  a  Tax  of  Tliree  Cenis  per  acre  (m  the  Town 
of  Mine^head;  An  act  laying  a  Tax  of  Three  Cents  ])er  acre  on  the  Town 
of  Hydepark,"  and  "An  acl  directing  the  Trefisurer  to  credit  the  First 
Constalde  of  the  Town  of  Whiting  tlu;  sum  therein  mentioned" — which 
bills  being  severally  read  and  consiilered  it  was  on  motion  Resolved,  To 
concur  with  the  House  in  passing  ihem  into  Laws. 

An  Engrossed  liill,  jmssed  in  the  House  of  Representatives,  Entitled 
"An  acl  appointing  a  Committee  to  la}'  out  and  survey  a  Road  from 
Montpelier  to  Peacham.''  was  sent  up  to  the  Governor  and  Council  for 
their  Revision  &c.  an<l  being  read  it  was  on  motion  Resolved,  That  it  be 
referred  to  Mess'-  Galusha  and  Loomis. 

A  Bill,  passed  in   the  House  ol  Rej)resentatives,  Entitled  "An  act 

f  ranting  to  Darius  Ferris  of  Panlon  the  exclusive  Right  of  keeping  a 
''erry,''  &c.  was  sent  up  to  tlu*  Governor  and  Council  for  their  Revision 
&c.  and  being  read  it  was  on  motion  Resolved,  That  it  be  referred  to 
Mess*  White  and  Witherell. 

"  An  act  enabling  the  CMeik  of  Caledonia  Countv  to  n^cord  the  Sales 
of  Robert  Whitelaw,  a  Colleelor,"  was  again  taken  undea-  CH)nsideration 
and  it  was  Resolved,  To  nonconcur  with  the  House  in  passing  said  Bill 
into  a  Law  and  M'^-  Niles  re^iuesled  to  drau«^ht  the  Reasons  <»f  Council 
for  sucli  nonconcurrence,  which  he  reported  as  follow,  and  they  were 
adopted:  "That  there  appears  no  i)roof  that  the  Petitioner  Robert  Whit- 
law  complied  with  the  Law  pointing  out  his  duly  as  Collector,  nor  does 
the  Petition  even  state  that  he  had  delivered  the  Newspapers  containing 
the  necessaiy  advertisements  to  the  County  Clerk  for  lUcord." 

The  Governor  inf(U-med  the  Council  that  he  had  received  .sundry 
copies  of  the  Laws  of  the  United  States,  and  the  Secretary  by  direction 


Governor  and  Council — October  1804.  29 

of  the  Governor  carried  a  Communication  on  thai  subject  to  the  House 
of  Re]»rcsentatives,  submitting  to  them  the  method  of  tlieir  distribution. 

M"^  Galnsha  introduced  tlie  foUowing  res«)lutiou — "In  Council  Oct'- 
29**»'  1804.  Resolved,  That  a  Committee  consistina:  of  Two  Members  be 
appointed,  to  join  such  Committee  as  the  House  of  Representatives  may 
appoint,  to  take  into  consideration  and  point  out  in  what  manner  the  Laws 
of  the  United  States,  for  the  last  Session  of  the  Sixth  Congress,  and  the 
first  and  second  Session  of  the  Seventli  Cougress,shall  be  distributed,  and 
report  by  resolution  or  otherwise" — which  Resolution  was  adopted  and 
Gov.  Brighani  and  M'-  Galusha  appointed  a  Committee  from  Council. 

Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — M""-  James  Fisk  from  the  House  returned  the  J3ill 
Entitled  "•  An  Act  enabling  the  Clerk  of  Caledonia  County  to  record  the 
sales  of  Robert  Whitelaw,  a  Collector,"  which  had  been  nonconcurred 
by  the  Council  this  day.  and  informed  the  Coimcil  that  the  House  had 
again  passed  the  Hill,  and  having  verbally  assigned  the  Reasons  there- 
for, laid  the  same  on  the  Table,  requested  the  concurrence  of  Council  in 
passing  the  Bill,  and  withdrew — all  which  was  minuted  on  the  back  of 
the  Bill. 

Adjourned  to  tomorrow  morning  9  O'clock. 


Tuesday  30  October,  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  Bill,  passed  in  the  House  of  Representatives,  Entitled  ''  An  act 
granting  to  Elisha  Reynolds  and  Christopher  Pickel  and  their  Heirs  and 
Assigns  the  exclusive  right  of  keeping  a  Ferry  across  Missiskoui  Bay 
&c."  was  sent  up  to  the  Governor  and  Council  for  their  Revision  &c.  and 
being  read  it  was  on  motion  Resolved,  'Pliat  it  be  referred  to  Mess"- 
White  and  Witherell. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"  An  act  for  the  Relief  of  the  Proprietors  of  Concord  in  a  certain  case 
therein  mentioned,"  was  sent  up  to  the  ^▼overnor  and  Council  for  their 
Revision  &c.  and  being  read  it  was  Resolved,  That  it  be  referred  to 
Mess*^  Loom  is  and  Witherell. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  instituting,  defining  and  regulating  the  OlHcc  of  Comptroller 
of  the  Public  accounts,"  was  sent  up  to  the  Governor  and  Council  for 
their  Revision  &c.  and  being  read  it  was  Ordered.  That  it  lie  on  the 
Table. 

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  laying  a  Tax  of  Three  Cents  per  acre  on 
the  Town  of  Ripton,"  was  sent  up  to  the  Governor  and  Council  for  their 
Revision  &c.  and  being  read  it  was  on  motion  Resolved,  Ti>  concur  wiili 
the  House  in  passing  the  same  into  a  Law. 

M*"  Shepardson  asked  and  obtained  leave  to  introduce  a  Bill  Entitled 
*•  An  act  tor  encouraging  the  destruction  of  Bears,"  which  was  read  an  1 
it  was  Ordered,  That  it  lie  on  the  Table. 

The  resolution  of  both  Houses  appointing  a  Committee  to  report  con- 
cerning the  Right  of  this  State  to  the  Glebe  Lands,  was  received  from 
the  House  with  the  Report  of  the  Committee  thereon,  in  substance  that 
the  said  Lands  do  belong  to  this  State,  with  the  following  new  order 
of  the  House  on  the  same:  "In  General  Assembly  Oct'-  29*'  1804,  Report 


30  Governor  and  Oauneil — October  1804. 

accepted  and  recommitted  to  the  same  Committee  to  join,  for  the  pur- 
pose of  bringing  in  a  Bill.  Attest  M.  Post  Clk  " — in  which  recommit- 
ment the  Council  concurred. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  establishing  permanent  Salaries  for  the  Judges  of  the  Supreme 
Court  of  this  State,"  was  sent  up  to  the  Governor  and  Council  for  their 
Revision  &c.  and  being  read  it  was  on  motion  Ordered,  That  it  lie  on 
the  Table. 

The  following  Bills,  passed  in  the  House  of  Representatives,  were 
sent  up  to  the  Governor  and  Council  for  their  Revision  &c.  viz.  "An  Act 
laying  a  Tax  of  Three  Cents  per  acre  on  that  part  of  Goshen  lying  in 
the  County  of  Addison,"  "  An  act  laying:  a  Tax  of  one  and  a  half  Cent 
per  acre  on  all  the  lands  in  the  town  of  Canaan,"  and  "  An  act  to  repeal 
an  act  Entitled  an  act  determining  a  particular  regulation  relative  to  the 
Proprietors  and  Landowners  of  Goshen  and  Warren  " — which  were  sev- 
erally read  and  considered,  and  it  was  on  Motion  Resolved,  To  concur 
with  the  House  in  passing  said  Bills  into  Laws. 

The  Auditor  of  Accounts'  Communication  to  the  General  Assembly 
on  Stephen  Conant's  account  against  the  State  was  received  from  the 
House  with  this  last  order  of  the  House  minuted  thereon :  '*In  Genersd 
Assembly  Ocf-  30"*'  1804,  Called  up  and  ordered  to  lie.  Again  called  up 
and  referred  to  Mess^-  Shumway,  Hurd,  Sol°-  Knight,  Shaw,  and  Hinman, 
to  join.  Attest  M.  Post  Clk" — which  being  read  it  was  Resolved, 
That  M'-  Keyes  join  the  Committee  from  the  House. 

An  act  laying  a  Tax  of  Two  Cents  per  acre  on  Barton  was  sent  up  to 
Council  with  this  order  of  the  House  thereon:  '*In  General  Assembly 
Oct'-  30"»'  1804,  Referred  to  the  First  Land-Tax  Committee  to  join  Com- 
mittee from  Council.  Attest  M.  Post  Clk" — which  was  read  and  Re- 
solved, To  concur  in  the  above  Reference,  and  that  M'-  Chittenden  join 
the  said  Committee  from  Council. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
''An  act  directing  the  Treasurer  of  this  State  to  pay  to  Samuel  Prindell 
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  M*^-  Shepardson. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Wednesday  October  31»*'  1804,  9  O'clock  A.  M. 

The.  Council  met  pursuant  to  adjournment. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'''An  act  laying  a  Tax  of  Four  Cents  per  acre  on  the  Town  of  Maidstone," 
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 
pa.s8injr  said  Bill  into  a  Law. 

An  Enjifrosscd  Bill,  pjisseil  in  the  House  of  Representatives,  Entitled 
*'An  act  for  the  relief  of  Obed  Harvey,"  was  sent  up  to  the  Governor 
and  Council  for  their  Revision  &c.  and  being  read  it  was  on  motion  Re- 
solved, That  it  be  Referred  to  M""-  Keyes. 

The  following  Bills,  passed  in  the  House  of  Representatives,  were 
sent  up  to  the  Governor  and  Council  for  their  Revision  &c. — "An  act 
laying  a  Tax  of  Three  Cents  per  acre  on  the  Town  of  Orange;  An  act 
directing  the  Treasurer  to  pay  to  Elisha  Smith  the  sum  therein  men- 
tioned," and  "An  act  in  addition  to  an  Act  Entitled  an  act  incor- 
porating certain  persons  therein  mentioned  by  the  name  of  the  Hub- 
barton  Turnpike  Company" — which  Bills  were   severally  read  and 


Governor  and  Council — October  1804.  31 

coQsidcred  and  it  was  on  motion  Resolved,  To  concur  with  the  House 
in  passing  them  into  Laws. 

The  Conunittee  on  ihe  Bill  Entitled  *'An  act  directing  the  Treasurer 
to  pay  to  Slieriiian  Prindell  the  sum  therein  mentioned,"  reported  that 
it  ought  to  |)aJ?s,  whereupon  it  was  Resolved,  To  concur  with  the  House 
in  passing  the  said  Bill  into  a  Law. 

The  Bill  Entitled  '*An  act  estahlishing  permanent  Salaries  for  the 
Judges  of  the  Supreme  Court,"  was  again  read  and  on  motion  Resolved, 
To  concur  with  the  House  in  passing  it  into  a  Law.-*- 

The  following  message  was  received  from  the  House,  read  and  Or- 
dered. That  it  be  entered  on  the  Journals — **In  General  Assembly  Oct*- 
30****  1H>4,  Resolved,  that  this  House  do  concur  with  the  Governor  and 
Council  in  passing  the  Bill  Entitled  ''An  act  authorizing  Elizabeth 
Woosier,  Administratrix,  to  sell  certain  Lands,"  and  the  same  has 
passed  into  a  Law.     Extract  from  the  Journals,  Attest  M.  Post  Clk." 

An  Engiossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'*An  act  to  enable  Jonathan  Hale,  Administrator  on  the  Estate  of  Daniel 
Tillon.  to  sell  certain  Lands  in  West  Fairlee  within  this  State,"  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 
said  Bill  into  a  Law.  ' 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  for  the  relief  of  Aaron  Henry  Jun'-  and  the  Sureties  of  the  said 
Aaron  Henry  Jun"^"  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  Mess*-  Loomis  and  White. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'•An  act  annexing  a  part  of  the  Town  of  Ira  to  the  North  East  School- 
District  in  the  Town  of  Poultney,"  was  sent  up  to  the  Governor  and 
Council  for  their  Revision  &c.  and  being  read  it  was  Resolved,  To  con- 
cur with  the  House  in  passing  it  into  a  Law. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  following  Resolutions  were  received  from  the 
House:  one,  "In  General  Assembly  Ocf-  SI"**  1804,  on  Motion  of  M'*  T. 
Hutchinson  Resolved,  The  Governor  and  Council  concurring  therein, 
that  both  Houses  meet  in  joint  Committee,  in  the  Representatives' 
Room,  at  10  O'clock  A.  M.  on  Saturday  next,  for  the  purpose  of  choosing 
Electors,  who  are  to  ballot  for  the  next  President  and  V  ice  President  of 
the  United  States.  Extract  from  the  Journals,  Attest  M.  Post  Clk" — 
which  was  read  and  it  was  Resolved,  That  the  Governor  and  Council 
concur  therein.  The  other  was  as  follows,  "Rutland  31»*  October  1804, 
In  Gen^  Assembly,  Resolved,  as  the  sense  of  this  House,  that  there  be  a 
Committee  of  Five  from  this  House  to  join  from  Council,  for  the  purpose 
of  fixamining  into  the  Laws  so  far  as  it  relates  to  the  demand  of  this 
State  against  the  Town  of  Westminster,  which  this  House  has  had  under 
consideration,  and  report  to  this  House  what  measures  the  Treasurer  of 
this  State  ought  to  be  directed  to  pursue  relative  to  said  demand.  In- 
troduced by  M^'  Hendee — Same  day  read  and  referred  to  Mes*-  Sol°' 
Wright,  E.  Butler,  E.  Allen,  Hendefe,  and  T.  Hutchinson  to  join.  At- 
test M.  Post  Clk" — which  was  read  and  it  was  Resolved,  That  Mess*- 
Witherell  &  Loomis  join  the  Committee  above  mentioned  appointed  by 
the  House. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 


^  The  annual  salary  of  the  Chief  Judge  was  one  thousand  dollars,  and 
of  each  Absistant  Judge  nine  hundred  dollars. 


32  Governor  and  Council —November  1804. 

"An  act  directing  the  Treasurer  to  pay  the  several  sums  therein  men- 
tioned,-' was  sent  up  to  the  Governor  and  Council  for  their  Revision  &e. 
and  being  read,  with  the  accounts  on  which  the  Items  were  foumled, 
and  undergoing  a  long  discussion,  it  was  on  Motion  Resolved,  That  it 
be  referred  to  Mess*  Chittenden  and  White  so  far  as  i|  relates  to  the 
account  of  Stephen  Conant. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Thursday,  November  !•*'  1804,  9  O'clock  A.  M. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
*'Au  act  laying  a  Tax  of  one  Cent  and  five  mills  on  the  Dollar  on  the 
list  of  the  present  year,"*  was  sent  uj)  to  the  Governor  and  Council  for 
their  Revision  Sec,  and  being  read  it  was  on  motion  Resolved,  To  concur 
with  the  House  in  passing  said  Bill  into  a  Law. 

The  Committee  on  the  Bill  Entitled  ''An  act  directing  the  Treasurer 
to  pay  the  several  sums  therein  mentioned,''  reported  that  eight  Dollars 
be  deducted  from  the  account  of  Stephen  Conant,  which  report  was  not 
accepted,  and  on  motion  Resolved  to  concur  with  the  House  in  passing 
the  Bill  so  far  as  relates  to  the  Item  allowing  M»^-  Conant  the  sum  of 
246"i,oo  Dollars.  The  said  Bill  being  still  under  consideration,  it  was 
Resolved,  That  the  Bill,  so  far  as  it  relates  to  the  Remainder  of  the  sums 
allowed  by  said  Bill,  be  referred  to  Mess"-  Galusha  Jc  Fletcher. 

The  Committee  on  the  iiill  Entitled  "  An  act  granting  to  Charles  Rey- 
nolds and  Christopher  Pickell  and  their  Heirs  and  Assigns  the  exclusive 
right  of  keeping  a  Ferry  across  Missiskoui  Bay.''  reported  that  tlie  Bill 
ought  to  be  amended  in  the  following  manner,— In  the  First  line  of  the 
Third  Page,  after  the  word  ''directed,"  erase  the  remainder  of  the  Sec- 
lion  and  insert  the  following,  "  shall  pay  to  the  Person  or  Persons  in- 
jured all  such  damages  as  shall  arise  by  such  neglect  or  delay,  or  by 
receiving  excessive  Fees  tor  ferriage,  to  be  recovered  before  any  Court 
of  Competent  Jurisdiction,  together  with  full  Costs  of  Prosecution,  any 
Law  to  the  Contrary  notwithstanding" — which  Report  was  accepted  and 
on  motion  Resolved,  To  concur  in  the  passing  the  Bill  into  a  Law  as 
amended. 

The  Conmiittee  on  the  Bill  Entitled  '•  An  act  granting  to  Darius  Fer- 
ris of  Panton  in  the  County  of  Addison  the  exclusive  right  of  keeping  a 
Ferry  from  said  Panton  across  Lake  Champlain,"  reported  that  the  Bill 
be  amended  as  follows, — In  the  Third  Section  of  the  Bill,  aflcr  the  word 
''  shall "  in  the  ninth  line  from  the  Top,  erase  the  remainder  of  the  Sec- 
tion and  add  the  same  amendment  as  was  made  to  the  last  Bill,  (see 
above,) — which  Report  was  accepted  and  on  motion  Resolved,  To  con- 
cur with  the  House  in  passing  it  into  a  Law  as  amended. 

An  Engrossed  Bill,  i)assed  in  the  House  of  Representatives,  Entitled 
'*An  act  suspending  civil  process  against  Charles  Willard  for  the  Term  of 
Four  Years,"  was  sent  up  to  the  Governor  and  Council  for  Revision  Jtc. 
and  beinsr  Read  it  was  on  Motion  Resolved,  That  it  be  referred  to  Mess*- 
Niles  &  Witherell. 

An  act  to  vest  the  Estate  of  John  McVisher  in  the  Town  of  Pownal 
was  received  from  the  House  with-  this  order  thereon:  ''In  General  As- 
sembly Oct'-  'M^^  1804,  This  Bill  was  introduced  on  motion  of  Sol®- 
Wright,  Bead  and  referred  to  Mess*  Shaw,  Baker,  Wheatley,  Moffett, 
and  Chipman  to  join  Committee  from  Council.  Attest  M.  Post  Clk" — 
which  was  read  and  Resolved,  That  Mess*-  Shepardson  and  Fletcher  join 
the  Committee  from  the  House. 


^Tax  for  the  support  of  govemmeDt. 


Governor  and  Council — November  1804.  88 

The  following  Bills,  passed  in  the  House  of  Representatives,  were 
sent  up  to  the  Governor  and  Council  for  their  Revision  &c.  viz.  "  An 
act  altering  the  name  of  Ahraham  Willson  to  Abraham  Fisher;-'  "An 
act  laying  a  Tax  of  three  Cents  per  acre  on  the  Town  of  Philadelphia  " 
[part  of  Chittenden,]  and  "  An  act  remitting  a  sum  of  money  to  the 
Town  of  Tinmouth"— which  Bills  being  severally  read  and  considered  it 
was  on  motion  Resolved,  To  concur  with  the  House  in  passing  them 
into  Laws. 

The  Committee  on  the  Bill  Entitled  "  An  act  for  the  relief  of  Obed 
Harvey,"  reported  an  amendment  to  the  Bill  which  was  not  accepted, 
and  on  motion  Resolved,  To  concur  with  the  House  in  passing  said  Bill 
into  a  Law. 

Adjourned  to  2  O'clock  P.  M. 

2  O'CLOCK  P.  M.— The  Committee  on  the  Bill  Entitled  ''An  act  to 
suspend  Civil  process  against  Charles  Willard  for  the  Term  of  Four 
Years,"  reported  that  upon  an  inquiry  into  the  situation  of  the  said  Wil- 
lard they  think  that,  from  the  peculiar  circumstances  attending  the 
same,  if  the  Legislature  will  ever  interfere  to  grant  such  acts  of  Suspen- 
sion, he  is  a  proper  subject  for  relief— and  the  Bill  being  again  read  it 
was  on  motion  amended  by  erasing  after  the  word  "  personal "  in  the 
eighth  line  the  words  "  with  a  view  to  defraud  or  injure,"  and  insert  "  to 
the  injury  of" — and  then  it  was  Resolved,  To  concur  with  the  House 
in  passing  the  same  into  a  Law  as  amended,  and  M'-  Witherell  requested 
to  a&si^n  the  Reasons  of  Council  to  the  House. 

A  Bill  Entitled  "  An  act  granting  relief  to  Insolvent  Debtors  "  was 
received  from  the  House  with  this  order  thereon:  "  In  General  Assem- 
bly Nov.  !•*»  1804,  This  Bill  was  bro*  in  on  motion  of  M*"  Emmons,  Read 
and  referred  to  Mess'  Olin,  W™- C.  Harrington,  and  House,  to  join  Com- 
mittee from  Council.  Attest  M.  Post  Clk." — which  Bill  was  read  and 
Resolved,  That  Mess^-  Galushaand  Loomis  join  the  Committee  from  the 
House. 

The  Committee  on  the  Bill  Entitled  "  An  act  directing  the  Treasurer 
to  pay  the  several  sums  therein  mentioned,"— reported  that  it  ought  to 
be  amended  as  follows — add  this  Provisional  Clause,  "  Provided  never- 
theless, it  there  be  any  demands  in  favor  of  this  State  against  any  Per- 
son or  Persons  who  are  allowed  any  Sum  or  Sums  by  this  act,  it  shall  be 
the  duty  of  the  Treasurer  to  credit  such  Person  or  Persons  the  sum  or 
sums  so  allowed  to  him  or  them  and  to  pay  over  the  balance  only,  if  any 
there  be,  any  thing  in  this  act  to  the  contrary  notwithstanding  " — and 
that  the  account  of  Elisha  Yeammons  Ju*"-  be  allowed  at  5"|ioo  Dollars 
instead!  of  6**|ioo  Dlls.  and  the  general  sum  mentioned  in  the  Bill  be 
altered  accordingly — which  Report  was  accepted  and  on  motion  Re- 
solved, To  concur  with  the  House  in  passing  the  Bill  as  amended,  and 
M*^  Galusha  appointed  to  inform  the  House  of  the  Reasons  of  Council. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  authorizing  the  Treasurer  to  sell  certain  Lands  in  Wilmington," 
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  M''*  Shepardson. 

An  Engrossed  Bill  passed  in  the  House  of  Representatives,  Entitled 
"An  act  directing  the  Treasurer  to  pay  to  sundry  Persons  the  several 
sums  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  M'-  Spooner. 

The  Committee  on  the  Bill  Entitled  *'An  act  appointing  a  Committee 
to  lay  out  and  survey  a  Road  from  Montpelier  to  Peacham,"  reported 
the  Ibllowing  amendments:  on  2^  Page,  second  line  from  the  Top,  after 

3 


34  Governor  and  Council — November  1804. 

the  word  "making/'  erase  tlio  words  "and  repairing,"  and  add  a  5**»  Sec- 
tion as  follows — *"Soc.  5.  And  it  is  hereby  further  enacted.  Thai  where 
said  Highway  shall  he  laid  thro'  any  irnproved  Lands,  the  owner  or 
owners  thereof  shall  be  entitled  to  damages,  which  shall  be  assessed  by 
said  Committee;  and  if  there  shall  be  any  Highway  or  allowance  Land 
adjoining  said  Lot  not  wanted  for  Highways,  the  same  shall  [be]  as- 
signed over  to  such  owner  aforesaid  at  its  true  value,  to  go  in  satisfac- 
tion of  such  Damages,  and  the  residue  of  such  Damages,  if  any  remains 
due,  shall  be  paid  by  the  .Selectmen  of  the  Town  in  which  such  Dam- 
ages shall  accrue,  j)reviouH  to  the  opening  such  highway '' — which  were 
adonted  and  on  moti(m  Resolved,  To  concur  with  the  House  in  passing 
8*  Bill  as  amended,  and  M"^-  Loomis  requested  to  assign  to  the  House 
the  Reasons  of  Council  tor  the  same. 

Adjourned  to  9  O'clk  Tomorrow  morning. 


Rutland  Friday  November  2"**.  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  Message  was  reiieived  from  the  House,  read  an«'  Or- 
dered that  it  be  entered  on  the  journals — **In  General  Assembly  Nov. 
!•*•  1804,  Resolved  to  concur  with  the  Governor  and  Council  in  their 
proposed  amendments  to  the  following  Hills,  to  wit,  A  Bill  Entitled/'An 
act  to  su«i)end  all  civil  Process  against  Charles  Willard  of  Tinmouth*' 
&c.,  A  1V\]\  Entitled  ''An  act  granting  to  Elisiia  Reynolds  and  Christo- 
pher Pickell  the  Right  of  keeping  a  Ferry  across  Missiskoui  Bay;"  A 
Bill  Entitled  "An  act  granting  to  Darius  Ferris  the  right  of  keeping  a 
Ferry''  &c.,  and  A  Bill  Entitled  "An  act  directing  the  Treasurer  to  pay 
the  several  sums  therein  mentioned."  Extract  from  the  Journals.  At- 
test   M.  Post  Clk." 

An  Engrossed  Bill,  pjissed  in  the  House  of  Rej)resentatives,  Entitled 
"An  act  to  ratify  and  confirm  the  election  of  a  Collector  of"  a  Land-Tax 
in  the  Town  of  Bridgewater,"  was  sent  uj)  to  the  Governor  and  Council 
lor  their  Revision  &c.  and  being  read  it  was  Resolved,  that  the  Gov.  A 
Council  do  nonconcur  with  thii  House  in  passing  the  said  Bill  into  a 
Law  for  the  following  reasons — "Should  this  Bill  pass  into  a  Law,  it 
nifiy  very  possibly  work  much  evil  to  individuals  and  serve  as  a  prece- 
dent for  the  passing  of  other  Laws  equally  detrimental.  The  Governor 
and  Council  are  of  opinion  that  in  the  present  case  the  creation  of  any 
new  right  in  one  person  involves  a  divestiture  of  right  in  another. 

A  Bill  Entitled  "An  act  assessing  a  Tax  of  Three  Cents  per  acre  on 
the  Towns  of  Granby.  Easthaven,  Newark,  and  Random"  [Brighton,] 
was  received  from  the  House  with  this  order  thereon — "in  Generjil 
Assembly  Nov.  l***  1804,  Read  and  referred  to  the  First  Land-Tax 
Committee.  Attest  M.  Post  Clk." — in  which  Reference  the  Council 
concurred. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  appointing  a  Committee  to  survey,  lay  out  and  open  a  County 
or  Market  Road  from  the  South  end  of  Hubbardton  and  Castleton  Turn- 
pike to  meet"  &c.  was  sent  up  to  the  Governor  and  Council  for  their 
Revision  Ac.  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  authorizing  the  Proprietors  and  Landowners  of  Stowe  in  the 
County  of  Chittenden  to  make,  accept  an<l  coulirm  any  Division  or 
Divisions''  &c.  was  sent  up  to  the  Governor  an<l  Council  for  their  Re- 
vision &c.  and  being  read  it  wa.s  on  motion  Resolved,  That  it  [be] 
referred  to  Mess"-  Niles  and  Spoon er. 


Governor  and  Council — November  1804.  35 

• 

Au  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
''An  act  suspending?  suits  against  Joseph  Bowman  Ju^-  for  the  Term  of 
Four  Years."  was  sent  up  to  the  Governor  and  Council  for  their  Revision 
&c.  and  being  read  it  was  on  motion  Resolved,  To  concur  with  the 
Hous-e  in  passing  the  said  Bill  into  a  Law. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
''An  act  reviving  certain  Acts  laying  Land*- Taxes,  and  for  the  correction 
of  an  error,''  was  sent  up  to  the  Governor  and  Council  for  their  Revision 
Ac.  and  being  read  it  was  on  motion  Resolved,  That  it  be  referred  to 
M'  Fletcher. 

The  Committee  on  the  Bill  Entitled  ''An  act  directing  the  Treasurer 
to  pay  to  sundry  Persons  the  several  sums  therein  mentioned,"  reported 
that,  after  an  examination  into  the  several  items  directed  to  be  paid  by 
the  said  Bill,  they  were  of  opinion  that  it  ought  to  pass  — which  report 
was  accepted,  and  on  motion  Resolved,  To  concur  with  the  House  in 
pitssing  said  Bill  into  a  Law. 

"An  act  for  eucouraging  the  destruction  of  Bears''  was  again  read  and 
M'-  She|)ardson  jisked  and  obtained  leave  to  withdraw  the  same. 

The  Committee  on  the  Bill  Entitled  "An  act  empowerin<j  the  Propri- 
etors of  the  Township  of  Weybridge  to  lay  out  their  undivided  Lands  by 
Pitches,'*  reported  that  it  ought  to  pass,  whereupon  it  was  Resolved,  To 
concur  with  the  House  in  passing  said  Bill  into  a  Law. 

The  Bill  Entitled  "An  act  for  instituting,  defining  and  regulating  the 
Otiice  ot  Comptroller  of  the  Public  Accounts,"  was  called  up  and  Referred 
to  Gov'  Brigham  and  M*"-  Galusha. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'An  act  to  revive  and  alter  an  act  Entitled  An  act  laying  a  Tax  on 
Swanton,"  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 
\r   White. 

The  Committee  on  the  Bill  Entitled  "An  act  for  the  relief  of  the  Pro- 
prietors of  Concord  in  a  certain  case  therein  mentioned,"  reported  sun- 
dry amendments,  the  consideration  of  which  was  postponecf  untill  the 
afternoon. 

The  Message  below  recorded  was  received  from  the  House,  read  & 
Ordered,  That  it  be  entered  on  the  journals — "In  General  Assembly 
XoV  '2'*-  1804,  Resolved  to  concur  with  the  Governor  and  Council  in  the 
amendments  by  them  proposed  to  a  Bill  Entitled  "An  act  appointing  a 
Committee  to  lay  out  and  survey  a  Road  from  Montpelier  to  Peacham." 
Extract  from  the  Journals.     Attest     M.  Post  Clk." 

This  Resolution  was  sent  up  from  the  House:  "In  General  Assembly 
Xov.  1, 1804,  Resolved,  That  the  Committee  to  whom  was  referred  the 
Bill  Entitled  "An  act  granting  relief  to  Insolvent  Debtors,"  be  dis- 
charged from  the  further  consideration  of  the  same.  Extract  from  the 
Journals,  Attest  M.  Post  Clk." — which  was  read  and  Resolved,  The 
Committee  on  the  part  of  the  Council  be  also  discharged. 

The  Resolution,  which  originated  in  Council,  appointing  a  Committee 
to  enquire  and  make  report  whether  any  alterations  or  amendments  are 
necessary  in  the  act  regulating  Marriage  &  Divorce,  was  returned  from 
the  House  with  the  following  order  minuted  tliereou:  "In  General  As- 
semMy  Oct"^-  27**»'  1804,  Read  and  concurred,  and  Mess.  Fisk,  Hendee, 
and  Hunt  appointed  a  Committee  on  the  part  of  the  House.  Attest  M. 
Post  Clk." 

Adjourned  to  2  O'clock  P.  M. 

2  O'CLOCK  P.  M. — The  Memorial  of  Hadlock  Marcy  was  again  re- 
ceived from  the  House  with  this  new  order  minuted  thereon :   "In  Gen- 


36  Governor  and  Council — November  1804. 

eral  Assembly  Nov.  1, 1804,  Report  read,  accepted  and  ordered  to  lie  on 
the  Table.  jNov.  2,  Called  up  and  recommitted  to  same  Committee  to 
join.  Attest,  M.  Post  Clk."" — in  which  recommitment  the  Council 
concurred. 

The  following  Resolution  was  sent  from  the  House  to  Council:  "In 
General  Assembly  Ocf-  24***'  1804,  Introduced  by  M*^-  Lyon.  Whereas, 
the  Honorable  Judges  of  the  Supreme  Court  have  been  implicated  by  a 
member  of  this  House  for  taking  and  receiving  fees  and  perquisites  in 
certain  cases  which  are  not  allowed  by  Law,  Therefore,  Resolved,  That 
a  Committee  of  three  from  this  House  be  appointed  to  enquire  and  as- 
certain the  fees  and  perquisites  the  said  Judges  have  taken  and  received 
in  the  actions  brought  for  three  years  last|)a8t,  state  facts  and  make 
report.  Read  and  Referred  to  Mess*-  Shaw,  Wheatley,  and  Buckingham. 
Nov.  1,  on  motion  Ordered  that  Mess.  Mofi'ett  and  Luce  be  added  to  the 
above  Committee,  and  that  the  Committee  Join  such  Committee  as  the 
Council  may  appoint.  Attest  M.  Post  Clk." — which  being  read  it  was 
Resolved,  To  nonconcur  with  the  House  in  this  Resolution  so  far  as  re- 
lates to  that  part  of  it  which  requests  the  Governor  and  Council  to 
appoint  a  Committee  to  join  the  Committee  appointed  by  the  House  on 
the  same,  and  M""-  Niles  requested  to  inform  the  House  of  the  Reasons 
of  Councik^ 

The  '"  act  for  the  relief  of  the  Proprietors  of  Concord  "  &c.  was  again 
read  and  recommitted  to  the  same  Committee. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives.  Entitled 
"An  act  to  appoint  a  Committee  to  lay  out  and  survey  a  Road  from  the 
place  where  the  Bridge  over  Connecticut  River  was  erected  in  Norwich 
to  Chelsea  Court-House,"  was  sent  up  to  the  Governor  and  Council  for 
their  Revision  &c.  and  being  read  it  was  Resolved,  That  it  be  referred 
to  M'-  Chittunden. 

The  Committee  on  the  Bill  Entitled  *'An  act  authorizing  and  empow- 
ering the  Treasurer  of  thi^  State  to  sell  and  convey  certain  Lands  in 
Wilmington  in  the  County  of  Windham,''  reported  the  following  amend- 
ment,— In  the  H***  line  atler  the  word  ''Deed*'  erase  the  whole  line  and 
insert  the  following  words,  '*when  executed  and  acknowledged  by  tlie 
Treasurer  and  recorded  in  the  Town  Clerk's  Office  of  the  Town  of  Wil- 
mington-'— which  amendment  was  adopted,  and  Resolved,  To  concur 
with  the  House  in  passing  the  said  Bill  into  a  I^aw  as  amended,  and  M*^- 
Shepardson  requested  to  inform  the  House  of  the  Reasons  of  Council. 

The  Petition  of  Jonathan  Parker  and  others  was  received  from  the 
House  with  the  following  orders  thereon:  '*ln  General  A^ssembly  Oct'- 
25*^'  1804,  Referred  to  Mess"  Chipman,  Hendee,  and  I.  [Isaiah  J  Fisk. 
Att*     M.  Post  Clk.     Nov.  2'»'   1804,  on  motion  Ordered,    That  Mess-- 

*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  epinitm  as  to  the  law  of  the  case.  See  printed  Aaaem- 
hly  Journal,  Oct.  1,  1804,  p.  .360.  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  lOu  to  82— a  party  division  probably. — See 
printed  Assembly  Journal  of  1805,  pp.  32,  37,  48. 


Oovernor  and  Council — November  1804.  37 

J.  Clap  &  DeForest  be  added  to  the  foregoing  Committee,  and  that  the 
Committee  join  such  Conmiittee  as  the  Council  may  appoint.  Attest 
M.  Post  Clk." — which  was  read  and  Resolved,  That  M"^-  Shepardson  join 
the  Committee  from  the  House. 

\n  Eugrosssed  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,     Tliat  it  be  referred  to  M'^-  Spooner. 

The  Committee  on  the  Bill  Entitled  "An  act  for  the  relief  of  th(» 
Proprietors  of  Concord  in  a  certain  case  therein  mentioned,"  reported 
the  following  amendments — after  the  word  '*same"  in  the  8^  Line  of  the 
!•*  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  2°^  Section  and  add  this 
Section  in  its  place,  "Sec.  2°^-  And  be  it  further  enacted.  That  true  and 
attested  copies  of  such  votes  and  proceedings,  so  recorded  as  afores*^' 
may  be  read  in  eviden(!e  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  whicli  are  not  properly  attested  by  tlie  Clerk,  which 
evil  to  remed}'" — which  were  adopted  and  on  Motion  Resolved,  to  con- 
cur with  the  House  in  passing  said  Bill  into  a  Law  as  amended,  and 
M'-  Loomis  requested  to  assign  the  Reason  for  the  same  to  the  House. 

Adjourned  to  0  O'clock  Tomorrow  morning. 


Saturday  November  3«i'  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  menlioned,"  &c.  reported  sun- 
dry amendments,  viz.  Erase  the  Preamble  of  the  Act,  and  after  the  word 
"three"  in  the  4^*^  Line  of  tiie  1'*  Sec°-  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  [Luiterloh,  now  Al- 
l»;iny,]  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  Le«^islature.  Sec.  2°'*-  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  a|)pointed  a  member  of  the  Committee  to  superintend  the 
expenditure  ot  the  Tax  assessed  on  Hardwick  in  the  place  of  Levi  Good- 
ridge,  any  thing  to  the  contrary  in  the  said  acts  notwithstiiiiding'' — 
which  amendments  were  adopted  and  Resolved,  To  concur  with  the 
House  in  passing  the  said  Bill  into  a  Law  as  amended,  and  M^-  Fletcher 
requested  to  inform  the  House  of  the  Reasons  of  Council  in  adopting 
those  amendments. 

The  tbllowiug  Resolution  was  introduced:  "In  Council  XoV  3,  J.804, 
Resolved  that  a  Committee  of  one  be  appointed,  to  join  such  Committee 
an  the  House  of  Representatives  may  appoint,  to  distribute  the  Election 
Sermons  and  the  Proclamation  for  Thanksgiving " — which  was  read, 
adopted,  M'-  Shepardson  appointed  tlie  Committee  from  Council,  and 
Ordered,  That  the  Secretary  carry  the  same  to  the  House  and  request 
their  concurrence. 


38  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  concur  with  the  House  in  passing 
said  Bill  into  a  Law. 

The  following  Resolution  was  laid  on  the  Table — ''In  Council  "Noy^- 
3<*'  1804,  Resolved,  the  House  of  Representativ«js  concurring  therein, 
that  the  Two  Houses  meet  in  joint  Committee  in  the  Representatives' 
Room*  on  Tuesday  next,  at  the  opening  of  the  House  in  tlic  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  Resifjnation  of  Major 
Gen*-  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.* 

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  6**»  Jine  and  inserting  the  name  of  *-Elias  Keyes,"  and  then  Resolved, 
To  concur  in  passing  the  same  into  a  Law  as  amended.' 

An  Engrossed  Hill,  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  M^-  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. — M^-  Buckingham,  from  the  House,  returned  the 
Resolution  of  Council  respecting  the  time  of  Electing  a  Major  Gen*-  of 
the  Militia  with  the  following  order  thereon — "In  Gen'  Assembly  Nov. 
3**  1804,  Read  and  resolved  to  concur  in  this  Resolution  with  a  proposed 
amendment,  insert  "Monday"  instead  of  "Tuesday,"  and  that  M""-  Buck- 
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,  i)assed  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  West  ford,"  was  sent  up  to 
the  Governor  and  Council  for  their  Revision  &c.  and  being  read  it  was 
Resolved,  That  it  be  referred  to  Mess*-  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 

*  The  electors  chosen  were  Josiah  Wright,  Sanmel  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. 

'  See  anUj  p.  •24,  note. 


Oovemor  and  Courtcil — November  1804.  39 

—after  the  last  word  in  the  7*^  Line  of  the  Preamble  of  the  act  insert 
the  word  '"Therefore,"  and  erase  the  remainder  of  the  preamble— after 
the  last  word  in  the  4*^  Line  in  the  3"*  Sec.  erase  the  remainder  of  the 
Section  and  insert  the  words  -on  the  Boads  in  the  Town  of  Swan  ton,  as 
the  Committee  shall  think  most  convenient,"  and  in  the  4***  Sec.  aft(ir 
the  word  *'  the"  in  the  1*  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  p(;r  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  wit\i  the  House  in 
passing  said  Bill  into  a  Law  as  amended,  and  M*^-  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  rec**  from  the  House  with  this  order  thereon: 
*'In  Gen^  Assembly  Nov.  3,  This  Bill  was  brought  in  on  motion  of  M'- 
Utley,  read  and  referred  to  Mes*-  Emerson,  B.  Harrington,  and  Beat  h 
to  join  Committee  from  Council.  Attest  M.  Post  Clk."— which  was 
read  and  Resolved,  That  M^-  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:  l"*-  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  0'''  A.  D.  1797  " — and  2»**  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  honest  Iv  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  S(?em  not  to  possess  the  power  of  making 
them." 

Adjourned  to  9  O'clock  Monday  morning. 


Monday  November  6^^'  1804,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

An  Engrossed  Bill,  passed  in  tlie  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  M'^-  Galusha. 


40  Governor  and  Council — November  1804. 

An  Engrossed  Bill,  passed  in  the  House  of  ilcpresentatives,  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  bein^  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  M'-  Shepardson. 

M"".  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  tliem 
except  the  one  proposing  a  new  Section  to  be  added  to  the  Bill,  and  M*^- 
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  Kov.  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 Nov'-  S***'  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 
Sheriffs.  Introduced  by  M'^-  [J as.]  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  ©f  hold- 
ing the  County  Courts  in  the  Counties  of  Chittenden  and  Addison," 
was  sent  up  to  the  Governor  and  Council  for  iheir  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  toMedway  [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.  3**'  1804,  Read  anv  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,  i)assed  in  the  House  of  Representatives,  were  sent 
UM  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  Certiticates  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  tliem 
into  Laws. 

A  written  Message  was  rec"*  from  the  House  as  follows — ''  In  General 
Assembly  Nov*^-  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  tjf  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  u  new  S(?ction  to  the 


Governor  and  Council — November  1804.  41 

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  act  constituting  the 
Supreme  Court "  &c.  was  sent  up  to  the  Governor  and  Council  for  their 
Revision  «&c.  read  and  Resolved,  That  it  be  rc^ferred  to  M"^-  Galusha. 

M*^- Niles  introduced  the  following  Resolution:  ''Resolved  that 

be  a  Committee  to  confer  with  such  Committee  as  the  Gon*  Assem- 


bly may  appoint  on  the  Bill  Entitled  "  An  act  enahliny:  the  Clerk  of  the 
County  of  Caledonia  to  record  the  Sales  of  Robert  Whitelaw,  a  Collec- 
tor," and  to  report  thereon  to  the  twf)  Houses  " — which  was  adopted,  the 
Blank  filled  with  the  name  of  M*"-  Xiles  and  Ordered,  That  the  Secre- 
tary carry  it  to  the  House  and  request  their  concurrence. 

M^-  Potter  from  the  House  returned  the  Bill  Entitled  "  An  act  to  rat- 
ify and  confirm  the  Election  of  a  Collector  of  Land-Tax  in  Bridgewater," 
which  was  nonconcurred  by  Council  Nov.  2"^*  and  after  assigning  the 
Rea.sons  why  the  House  insisted  upon  the  passing  the  Bill,  wliich  they 
had  airain  done,  he  withdn^w. 

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.* 

The  Committee  on  the  Bill  Entitled  "An  act  granting  to  the  Conmion 
Council  of  the  City  of  Ver<jennes  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 vvith  the  House  in  passing  the  said  Bill  into  a  Law,  and  M*"- 
Shepardson  was  requested  to  draught  the  reasons  of  Council  for  such 
nonconcurrence,  whieh  he  did,  and  were  adopted,  as  follows:  ''l^^*  Be- 
cause Institutions  of  this  kind  tend  to  invite  individuals  to  enter  into 
Speculations  in  obtaining  property  diflerent  from  the  modes  dictated  by 
hiaiest  Industry.  2"'*'>''  Because  the  experience  of  this  Government  has 
taught  us  that  Lotteries  have  created  greater  evils  to  connnunity  than 
thi'V  were  designed  to  remove." 

M'  Galusha  asked  and  obtained  leave  to  introduce  the  following  Bill 
Entitled  '"An  act  appointing  a  })lace  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- 


curreuce. 


An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  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  concur  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  scut  up  to  the  Governor  and  Council  for  their  Revision  &c.  which 
was  read  and  on  motion  Resolved,  To  nonconcur  with  the  House  in 

*Briir.  Gen.  Samuel  Strong  was  elected  Mai.  General  of  the  third 
division  of  Vermont  militia. 


42  Governor  and  Council — Noveviber  1804. 

passing  the  said  Bill  into  a  Law  for  the  following  reasons,  to  wit:  *^Jt 
would  be  highly  injurious  and  a  violation  of  corporate  priviligos  tn 
annex  a  part  of  any  Town  to  another  without  the  free  assent  of  thr 
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  passinjj  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  Resolv^ed,  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  6^- 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  Mes.s"-  Galusha  and  Loomis. 

The  following  Resolution  was  received  from  the  House — "In  General 
Assembly  Nov.  G^^'  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  rei)ort  what  business  is  now  before 
the  General  Assembly  necessary  to  be  acted  upon,  and  at  what  time  the 
General  Assembly  may  adjourn.  Introduced  by  Ja"-  Fisk,  Read,  passed 
and  Mess"  E.  Butler,  Chipman,  and  Baker  appointed  a  Committee  on 
the  ])art  of  the  House.  Extract  from  the  Journal,  Attest,  M.  Post 
Clerk" — which  was  read,  concurred,  and  M'-  Wheelock  appointed  to  join 
the  Committee  from  the  Hoiise. 

The  Report  of  the  Committee  of  Both  Houses,  appointed  to  point  out 
the  manner  in  which  the  I^aws  of  the  United  States  should  be  distrib- 
uted, was  received  from  the  House  with  these;  orders  thereon — "In  Gen- 
eral Assembly  Nov^  3'*^- 1804,  Read  and  ordered  to  lie  on  the  Table. 
Nov.  5*^'  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 Oct*^-  27^^'  1804.  This  Bill,  introduced  on  Motion  of  M*"-  Buel,  was 
read  and  referred  to  Mes»- Norton,  Aiken,  and  Motlett.  Nov.  5,  Com- 
mittee <lirected  to  join  Committee  from  Council.  Attest  M.  Post  Clk  " 
— which  was  read  and  on  motion  Resolved,  That  M*^-  Keyes  join  the 
above  Committee  from  the  House. 

The  Committee  on  the  Bill  Entitled  "An  act  instituting,  defining  and 
regulating  the  otfice  of  Comptroller  of  the  Public  accounts,"  withTeavr 
laid  it  on  the  Table  of  Council,  and  it  being  under  consideration  it  w.'^.- 
on  motion  Resolved,  To  nonconcur  with  the  House  in  passing  the  sa.d 


Governor  and  Council — November  1804.  43 

[bill]  into  a  Law,  and  M^  Galusha  was  requested  to  inform  the  House  of 
tlie  Reasons  of  Council  for  such  nouconcurrence. 

Tlie  Committee  on  the  Bill  Entitled  '"  An  act  for  the  Relief  of  Aaron 
Henry  Jun''-  and  the  sureties  of  the  said  Aaron  Henry  Jun*^"  reported 
that  they  could  not  agree  with  regard  to  the  principle  embraced  by  the 
Hill,  and  after  making  a  Statement  of  facts,  submitted  it  to  Council 
whether  the  said  Rill  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,  !»*•  We  find  that  no  such  conviction,  as  is  set  forth  in  said 
Bill,  has  ever  been  had  against  the  said  Aaron  Henry  Jun"^'  but  that  a 
Verdict  of  the  Jury  of  Guilty  was  returned  into  Court  against  him,  and 
that  after  the  Verdict  as  atbresaid,  and  before  the  entering  up  of  Judg- 
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  s**  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  ^rant  any  relief  in  the  premises,  in  the  opinion  of  this  Coun- 
cil, it  ouglit  to  be  by  further  Chancering  the  Bonds.  2^*^  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  M'-  White. 

The  l»ill  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  i)roposals  of 
amendment  made  to  the  Bill  by  that  Body,  which  were  read  and  Re- 
solved To  concur  with  the  House  in  the  amendments  by  them  proposed. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
•'An  act  granting  Relief  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  Mess'-  Galusha  and  White. 

An  Engrossed  Bill,  passed  in  the  House  of  Rei)resentatives,  Entitled 
"  An  act  annexing  Parker's  Gore  to  Medway  "  [Mendon]  was  sent  up  to 
the  Gov.  and  Council  for  their  Revision  &c.  Read  and  on  motion  was 
amended  by  adding  these  words  to  the  Title  of  the  Bill,  "and  Incorpo- 
rating tlie  same  into  a  Town  by  the  name  of  Parkerstown  " — by  insert- 
ing in  the  7"*  Line  of  the  1"*  Sec.  the  word  "  Parkerstown  "  in  lieu  of  the 
word  "  Medway,"  and  after  the  word  *'  inserted  "  in  the  5*^  line  of  the  2°' 
8ec.  by  adding  the  words  "  Parkerstown  alias" — and  then  Resolved,  To 
concur  with  the  House  in  passing  the  same  into  a  Law  as  amended,  and 
M'-  Keyes  requested  to  inform  the  House  of  the  Reasons  of  Council  in 
proposing  those  amendments. 


44  Governor  and  Council — Novemher  1804. 

A  Bill,  Entitled  "  An  act  more  effectually  to  render  justice  in  certain 
cases,"  was  received  from  the  House  with  this  order  thereon:  *'  In  Gen- 
eral Assembly  Nov.  6,  1804,  This  Bill  was  hro^  in  on  motion  by  M^- 
Pcckham,  read  and  Keferred  to  Mess.  Buel.  H.  Horton  &  A.  Horton  to 
join.  Attest  M.  Post  Clk'- — whereupon  it  was  Resolved,  That  M*^- 
Chittenden  join  the  above  Committee  from  the  House. 

A  Bill,  Entitled  "  An  act  to  remit  to  Thomas  Tolman  the  payment  of 
a  certain  Obligation""  was  received  from  the  House  with  this  order  on 
it:  "'In  General  Assembly  Xov*"-  6.  1804,  This  Bill  was  bro*-  in  on  mo- 
tion of  M'-  Stanley,  read  «and  referred  to  Mess'-  Leavenworth,  Hinmau. 
and  Underbill  to  loin.  Attest  M.  Post  Clk  "'—which  was  read  and  He- 
solved,  That  M'  Fletcher  join  the  Committee  appointed  by  the  House. 

The  Committee  on  the  Bill  Entitled  **  An  act  making  provision  for 
the  payment  of  the  Costs  of  Prosecution  in  certain  cases  therein  men- 
tioned," reported  that  it  ouglit  to  pass,  whereupon  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  in  addition  to  an  act  Entitled  an  act  regulating  Town  Meetings 
and  the  choice  and.duty  of  Town  Otlicers,"  was  sent  up  to  Governor  and 
Ctmncil  for  their  Revision  &c.  read  and  on  motion  Resolved,  To  concur 
with  the  House  in  passing  the  said  Bill  into  a  Law. 

M*"- Loomis  introduced  the  following  Resolution — '*  In  Council  Nov'- 6, 
1804,  Resolved,  the  House  of  Representatives  concurring  therein,  that  the 
Bill  Entitled  **  An  act  explanatory  of  a  provision  in  sundry  Turnpike 
Grants,"  be  laid  over  to  the  next  Session  of  the  Legislature,  and  that  the 
Secretary  of  State  cause  the  substance  of  this  act  to  be  published  in 
Spooner  s  Vermont  Journal,  and  in  the  Rutland  Herald,  three  weeks 
successively,  the  last  publication  to  be  at  least  twelve  days  before  the 
next  Session  of  the  Legislature,"  which  was  read,  adopted  and  M'- 
Loomis  requested  to  carry  it  to  the  House,  and  tlie  Bill  mentioned 
therein,  inform  them  of  the  Reasons  of  Council  and  request  their  concur- 
rence. 

The  following  Bills,  passed  in  the  Hcmse  of  Rejiresentatives,  were 
sent  up  to  the  Governor  and  Council  for  their  Revision  &c. — "  An  act 
authorising  the  Proprietors  of  Moretown  in  the  County  of  Chittenden 
to  ratify  and  conlirm  the  Division  of  said  Town  in  Severalty,"  and  "*An 
act  granting  a  new  Trial  to  Charity  IModget  and  Peggy  Blodgct,  both 
of  Randolph  in  the  County  i}[  Orange,"  which  Bills  were  severally  read 
and  considered  and  on  motion  it  was  Resolved,  To  concur  with  the 
House  in  passing  them  into  Laws. 

The  Report  of  the  Committee  on  the  Resolution  relative  to  the  Meth- 
odists  was  called  up,  not  accepted,  and  recommitted  to  the  same  Com- 
mittee to  join  such  further  Committee  as  the  House  may  appoint,  and 
M*^-  Witherell  added  to  the  Committee  from  Council. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Wednesday,  November  7"'-  1S04,  9  O'clk  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Committee  on  the  Bill  Entitled  "An  act  in  addition  to  an 
act  Entitled  An  act  in  addition  to  and  in  amendment  of  an  act  En- 
titled An  act  appointing  a  C()mmitt(*e  to  lay  out  and  survey  a  Public 
Road  from  Berkshire  to  Brandon,"  reported  the  following  amend- 
ments viz.  Erase  the  remainder  of  the  Bill  alter  the  word  "Two" 
at  the  end  of  the  Seventh  line  from  the  Top,  and  insert  the  follow- 
ing— "  Whereas  the  Committee  named  in  the  act  to  which  this  is  an 


Governor  and  Council — November  1804.  45 

suldition  have  not  compleated  the  surveying  and  laying  out  the  Road 
contomplaled  to  be  laid  in  and  by  said  Act,  by  the  time  therein  lim- 
ited— Therefore  It  is  herel)y  enacted  by  the  General  Assembly  of  the 
State  of  A'ermont,  That  said  Co.mmittee,  with  the  addition  of  Nathaniel 
Ladd  and  Caleb  Hendee  Esquires,  shall  have  time  from  and  after  the 
passinir  of  this  act  to  the  first  day  of  June  in  the  year  one  Thousand 
eight  Hundred  and  five  to  complete  the  surveying  and  laying  of  the  Road 
aforesaid  " — which  were  adopted  and  on  Motion  Resolved,  To  concur 
with  the  House  in  passing  the  said  Bill  into  a  Law  as  amended,  and  M*"- 
While  requested  to  assign  the  reasons  of  such  amendments  to  the  House. 

Thr  Committee  on  the  Bill  Entitled  "•  An  act  in  addition  to  and  in  al- 
teration of  an  act  Entitled  An  act  assessing  a  Tax  of  Two  Cents  per 
acre  «>n  the  Town  of  Westford,  passed  20*^  Ocf-  A.  D.  1799,"  reported 
these  Amendments — In  the  tenth  line  of  the  Preamble,  after  the  word 
''such"  eiase  the  word  ''as"  and  insert  the  words  ''whereon  Taxes," 
and  after  the  word  "  paid  "  erase  the  words  "  and  redeemed."  In  the 
fifth  line  of  the  Seccmd  Section,  after  the  word  "  afterwards  "  insert  "or 
shall  have  credit  for  his  or  her  Taxes,  or  any  part  thereof,  or  for  redemp- 
tion of  such  person's  lands,  on  the  former  Collector's  Records"— and 
add  a  Third  Section  as  follows:  "  Sec.  3"*-  And  it  is  hereby  further  en- 
acted, That  the  said  David  Hazeltine  shall  publish  the  substance  of  this 
act  together  with  the  advertisements  for  the  sale  of  said  Lands — Pro- 
vided nevertheless.  That  nothing  in  this  act  shall  be  construed  to  aftect 
the  Title  to  any  Lands  where  the  owner  or  owners  have  worked  out 
their  Taxes  and  si'ttled  the  same  with  the  Committee  appointed  b}^  said 
act  to  superintend  the  expenditure  of  said  Tax,  or  who  have  paid  their 
Tax  to  tile  said  former  Collector  before  his  sale  of  said  Lands,  or  re- 
deemed the  same  in  the  manner  provided  or  within  the  time  limited  by 
Law,  any  thing  in  this  act  to  the  contrary  notwithstanding" — which 
amendments  were  adopted  and  it  was  Resolved,  To  concur  with  the 
House  in  passing  the  said  Bill  into  a  J^aw  as  amended,  &  M*"-  Loomis  re- 
quested to  inform  the  House  of  the  Reasons  of  Council  in  those  amend- 
ments. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
''An  act  directing  the  Treasurer  to  pay  the  Fees  of  the  several  State's 
Attornies"  was  sent  up  to  the  Governor  and  Council  for  their  Re- 
vision &c.  read  and  on  motion  it  was  Resolved,  To  concur  with  the 
House  in  passing  the  same  into  a  Law. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  in  addition  to  an  act  Entitled  an  act  reducing  into  one  the  sev- 
eral acts  for  laying  out,  making,  repairing  and  clearing  Highways,"  was 
sent  up  to  the  Governor  and  Council  for  their  Revision  &c.  read  and  on 
Motion  Resolved,  That  it  be  referred  to  Mess.  Loomis  &  Witherell. 

The  Committee  on  the  Bill  Entitled  "  an  act  granting  relief  to  Nathan 
Osgood  Esquire  of  Rutland,"  reported  the  following  amendment  to  be 
added  to  the  Bill — "  Sec.  13**^-  And  it  is  hereby  further  enacted,  that  the 
said  Commissioners  shall,  for  the  services  by  this  act  enjoined  upon 
them  to  perform,  be  allowed,  each  one,  the  sum  of  Two  Dollars  per  day 
for  each  day  in  which  they  sliall  be  employed,  to  be  paid  out  of  the  Es- 
tate of  the  said  Nathan  Osgood.  And  the  appraisers  shall  be  allowed 
«uch  sum  per  day  fis  is  by  Law  allowed  to  the  appraisers  of  the  Estate 
of  persons  deceased,  aiiil  also  the  ex|)(;nse  of  advertising,  adjusting,  and 
distributing  of  sa'd  Estate  as  directed  by  this  act,  shall  also  be  paid  out 
of  the  said  Estate" — which  were  adopted  &  Resolved,  To  concur  with 
the  House  in  passing  said  Bill  into  a  Law  as  amended,  and  M^-  Galusha 
requested  to  inform  the  House  of  the  Reasons  of  Council  in  adopting 
those  amendments. 


46  Governor  and  Council — November  1804. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'*  An  act  in  addition  to  an  act  Entitled  An  act  for  the  purpose  of  regu- 
lating Suits  respecting  landed  property  and  difecting  the  mode  of  Pro- 
ceeding therein,"  was  sent  up  to  the  Governor  and  Council  for  their 
Revision  &c.  read  and  on  motion  Resolved,  That  it  be  referred  to  M*^- 
Shcpardson. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"  An  act  granting  the  exclusive  right  of  Ferriage  and  Freightai:e  from 
Burlinj^ton  Bay  in  the  State  of  Vermont  to  Chesterfield  in  the  State  ol 
New  York  for  the  Term  of  fifleen  Years,"  was  sent  up  to  the  Governor 
and  Council  for  their  Revision  &c.  read  and  Resolved,  That  it  be  refer- 
red to  M'-  White. 

The  following  Bills,  passed  in  the  House  of  Representatives,  were  sent 
up  to  the  Governor  and  Council  for  their  Revision  &c. — **  An  act  for 
fixing  the  Shire  in  the  County  of  Grand  Isle,"  &  "An  act  appointing  a 
Committee  to  look  out  and  survey  a  Road  from  Rutland  in  the  County 
of  Rutland  to  Woodstock  in  the  County  of  Windsor,"  which  were  sev- 
erallj'  read  and  it  was  Resolved,  To  concur  with  the  House  in  passing 
them  into  Laws. 

M^-  Chipman,  from  the  House,  returned  to  Council  the  Bill  Entitled 
"An  act  granting  to  the  Common  Council  of  the  City  of  Vergennes  lib- 
erty to  raise  by  Lottery  the  sum  of  two  thousand  five  hundred  Dollars 
for  the  purpose  of  building  a  Bridge  ovc^r  Olter  Creek  in  said  City," 
which  had  been  nonconcurred  bv  Council  Nov.  o''*'  and  had  aorain  been 
passed  by  ihe  House,  and  after  assigning  the  reasons  which  gov- 
erned that  body  in  again  passing  the  l^ill,  and  requesting  the  Concur- 
rence of  Council,  he  withdrew,  whereupon  it  was  Resolved,  To  rescind 
from  the  nonconcurrence  above  mentioned,  and  To  concur  with  the 
House  in  passing  the  same  into  a  Law. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
''  An  act  directing  tlie  Treasurer  to  pay  the  Executor  of  Calvin  Knoul- 
ton  Esq*"-  deceased  the  sum  therein  mentioned,''  was  sent  u[)  to  the  Gov- 
ernor and  Council  for  their  Revision  &c.  and  being  read  it  was  on  mo- 
tion Resolved,  That  it  [be]  referred  to  M""-  Loomis. 

Adjourned  to»2  O'clock  P.  M. 

2  O'clock  P.  M. — The  following  Message  from  the  House  was  re- 
ceived in  Council,  read  and  Ordered  to  be  entered  on  the  Journals — "In 
General  Assembly  Nov^-  7***'  1804,  Resolved  to  concur  with  the  Gover- 
nor and  Council  in  their  proposed  aniendments  to  the  following  Bills,  to 
wit,  a  Bill  Entitled  "An  act  in  addition  to  an  act  .ippoinlin":  a  Commit- 
tee to  lay  out  a  Road  from  Berkshire  to  Pitsford;"  A  Bill  Entitled  "an 
act  in  addition  to  an  act  Entitled  an  act  in  alteration  and  revival  of  an 
act  Entitled  An  act  assessing  a  Tax  of  two  Cents  per  acre  on  the  Town 
of  Westlbrd;"  A  Bill  Entitled  "An  act  granting  Relief  to  Nathan  Os- 
good," and  ''An  act  annexing  Parker's  Gore  to  Siedway  "  4&c.— and  fur- 
ther Resolved  to  concur  in  the  Resolution  for  referring  the  Bill  Entitled 
"An  act  explanatory  of  a  Proviso  in  certain  Turnpike  Grants,"  to  the 
next  Session  of  the  next  Legislature.  Extract  from  the  Journals,  At- 
test M.  Post  Clk." 

M'  N.  Robinson,  from  the  House,  returned  the  Bill  Entitled  "An  act 
authorizing  the  Proprietors  and  Landowners  of  Stow  in  the  County  of 
Chittenden  to  make,  accept  and  confirm  any  Division  or  Divisions  "  ike. 
which  was  nonconcurred  by  Council  NoV^  3"^'  and  informed  the  Council 
that  the  House  had  again  passed  the  Bill,  and  after  informing  the  Coun- 
cil of  the  reasons  ot  the  House,  and  requesting  the  concurrence  of 
Council,  he  withdrew— whereupon  it  was  on  motion  Resolved,  That  the' 


Governor  and  Council — November  1804.  47 

Gt>vernor  and  Council  rescind  from  their  nonconcurrence  in  said  Bill, 
and  that  the  following  Resolution  be  adopted  as  the  sense  of  Council 
on  the  subji'ct  of  that  Bill—"  In  Council  Nov^-  7^^'  1804,  Resolved,  the 
House  of  liupresencatives  concurring  therein,  that  the  Bill  Entitled  '^An 
act  authorising  the  Proprietors  and  Landowners  of  Stow  in  the  County 
nfChittenilcn  to  make,  acce})t  and  confirm  Jiny  Division  or  Divisions  &c. 
be  referred  to  the  next  Session  of  the  Legislature,  and  that  the  Propri- 
etors and  Landowners  of  said  township  of  Stow  cause  the  Substance  of 
ihisain  to  be  published  in  the  Vermont  Journal  printed  at  Windsor,  and 
Vermont  Centinel  printed  at  Burlington,  three  weeks  successively,  the 
last  of  which  publication  to  be  at  least  three  weeks  before  the  sitting  of 
the  Legishiture;  and  also  that  the  Inhabitants  of  said  Stow  have  oppor- 
tunity to  express  their  wishes  relative  to  the  matters  contained  in  the 
said  Bill,  in  Town  meeting  legally  warned  for  said  purpose,  having  the 
business  to  be  acted  upon  set  for tn  in  such  warning." 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
^'An  act  in  addition  to  and  alteration  of  an  act  ascertaining  the  princi- 
ples on  which  the  List  of  this  State  shall  be  made  and  directing  the 
Listers  in  their  Office  and  duty,"  was  sent  up  to  the  Governor  and  Coun- 
cil for  their  Revision  &c.  read  and  Resolved,  That  it  be  referred  to 
Mess'-  Galusha,  Loomis,  and  White. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'■'  An  act  in  addition  to  an  act  for  the  Probate  of  Wills  and  the  Settle- 
ment of  Testate  and  Intestate  Estates,"  was  sent  up  to  the  Governor 
and  Council  for  their  Revision  &c.  and  being  read  it  was  Resolved,  That 
it  be  referred  to  Mess'  Loomis  and  Fletcher. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'*An  act  to  repeal  the  act  therein  mentioned,"  was  sent  up  to  the  Gover- 
nor and  Council  for  their  Revision  &c.  read  and  it  was  Resolved,  That 
it  be  referred  to  Mess'-  Witherell  &  Chittenden. 

M'-  Bigelow,  from  the  House,  returned  to  Council  the  Bill  Entitled 
*'An  act  annexing  a  part  of  the  Town  of  Peru  to  the  Town  of  Dorset," 
which  was  nonconcurred  by  Council  Nov  o'***  and  informed  the  Council 
that  the  House  had  again  passed  the  Bill,  and  after  assigning  the  Rea- 
sons of  the  House  therefor,  and  requesting  the  concurrence  of  the  Coun- 
cil thereto,  he  withdrew,  whereupon  it  was  on  motion  Resolved,  That 
the  Governor  and  Council  do  rescind  from  their  nonconcurrence  in 
said  Bill,  and  that  the  following  Resolution  be  adopted  as  the  sense  of 
Council  on  that  Bill— "In  Council  Nov'  7.  1804,  Resolved,  the  Hcmse  Of 
Representatives  concurring  therein,  that  the  Bill  Entitled  *'  An  act  an- 
nexing a  part  of  the  Town  of  Peru  to  the  Town  of  Dorset"  be  referred 
to  the  next  Session  of  the  Legislature,  that  the  Inhabitants  of  the  Towns 
of  Dorset  and  Peru  may  have  opportunity  to  express  their  wishes  rela- 
tive to  the  matters  contained  in  said  act,  in  a  Town  meeting  legally 
warned  and  holden  for  that  purpose,  having  the  business  to  be  acted 
upon  set  forth  in  such  warning." 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Thursday  November  8t»»'  1804.  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Following  Resolution  was  laid  on  the  Table— In  Council  Nov^  8, 
1804,  Resolved,  the  House  of  Representatives  concurring  therein,  that 
the  Treasurer  be  and  he  hereby  is  authorized  and  directed  to  deliver  the 
Several  Warrants  for  the  State  Tax  granted  this  Session  to  the  Mem- 


48  Governor  and  Council — November  1804. 

bers  from  the  respective  Towns — which  was  read,  adopted,  and  Ordered, 
That  the  Secretary  carry  it  to  the  House  and  request  their  concurrence. 

The  Officer  of  the  House  delivered  this  Resolution  in  Council:  "'In 
General  Assembly  Xov.  7,  1804,  Resolved,  tlie  Governor  and  Council 
concurring  therein,  that  Both  Houses  meet  in  joint  Committee  in  the 
Representatives-  Room,  at  the  opening  of  the  House  Tomorrow  after- 
noon, for  the  purpose  of  Electing  a  Surveyor  General,  [and]  Comptrol- 
ler or  Auditor  of  accounts  against  this  State,  for  the  year  ensuing,'* 
with  this  order  thereon:  ''  Introduced  by  M*"-  B.  Clapp,  Read  and  passed 
in  Gen»  Assemblv  Nov.  7,  1804.  Attest  M.  Post  Clk  ''—which  Resolu- 
tion was  re.id  ana  Resolved,  To  concur  with  the  House  in  the  same. 

The  Committee  on  the  Bill  Entitled  *'An  act  to  repeal  the  act  therein 
mentioned,"  reported  that  it  ought  to  pass,  which  report  was  accepted, 
but  the  Bill  oh  motion  was  amended  as  follows — by  adding  this  Provis- 
ional Clause  to  the  Bill,  *'  Provided  nevertheless  that  nothing  in  this  act 
shall  be  construed  to  atfect  any  division  of  said  Town  into  severalty  by 
the  Proprietors  and  Landowners  thereof  made  or  ratified  under  the  act 
hereby  repealed" — and  then  it  was  Resolved,  To  concur  with  the  House 
in  passing  the  said  Bill  into  a  Law  as  amended,  and  M'-  Galusha  re- 
quested to  inform  the  House  of  the  Reasons  of  Council  in  proposing 
that  Amendment. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  in  addition  to  an  act  Entitled  An  act  regulating  and  governing 
the  Militia,"  was  sent  up  to  the  Governor  and  Council  for  their  Revision 
&c.  read  and  on  Motion  Ordered,  That  it  lie  on  the  Table. 

The  Committee  on  the  Bill  Entitled  "An  act  in  addition  to  an  Act  for 
the  Probate  of  Wills  and  the  Settlement  of  Testate  and  Intestate  Es- 
tates," reported  that  it  ought  to  [be]  amended  by  adding  after  the  word 
"Deeds,"  in  the  Second  Page  and  Third  line  from  the  Top,  the  words 
"of  such  real  Estate,"  which  report  was  not  accepted  and  on  motion  it 
was  Resolved,  To  concur  with  the  House  in  passing  said  Bill  into  a  Law. 

An  Entjmssed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  tor  Arming  the  Exempts  of  the  Militia,"  was  sent  up  to  the 
Governor  and  Council  for  their  Revision  &c.  read  &  Resolved,  That  it 
be  referred  to  Gov.  Brigham,  Mess"-  Shepardson  &  Witherell. 

M'-  Niles  on  motion  introduced  the  following  Bill,  "An  act  in  addition 
to  an  act  relating  to  Goals  and  Goalers,  and  for  the  relief  of  Persons 
Im])risoned  therein,"  which  was  read  and  on  Motion  Resolved,  That  the 
Governor  and  Council  will  make  no  order  thereon. 

The  Committee  on  the  Bill  Entitled  "An  act  directing  the  Treasurer 
to  pay  the  Executors  of  Calvin  Knoulton  Esq'-  deceased  the  sum  therein 
mentioned,"  reported  that  it  ought  to  pass  without  amendment,  where- 
upon it  was  Resolved,  To  concur  with  the  House  in  passing  the  said 
Bill  into  a  Law. 

M'-  Niles  asked  and  had  leave  to  introduce  a  Bill  Entitled  "An  act 
directing  the  Treasurer  of  this  State  to  suspend  Prosecution  against 
Josiah  Edson  Esquire,  late  SherilT  of  Orange  County,"  which  was  read 
and  on  motion  Resolved,  That  it  be  referred  to  Mess'-  Loomis,  Niles 
and  Chittenden. 

The  Committee  on  the  Bill  Entitled  "An  act  granting  the  exclusive 
right  of  Ferriage  and  Freightage  to  Capt"-  Gideon  King  from  Burlington 
Bay  in  the  State  of  Vermont  to  Chesterfield  in  the  State  of  New  York 
for  the  term  of  fifteen  years,"  reported  the  following  amendments:  Erase 
the  word  "freightage"  in  the  Second  line  from  the  top  and  in  the  seccmd 
and  fifth  lines  from  the  bottom  of  the  Bill,  and  add  the  following  to  the 
Bill,  "Provided,  and  it  is  herebv  further  enacted,  That  if  the  said  Gid- 
eon, his  Heirs  or  Assigns,  shall  at  any  time  for  the  space  of  Twenty 


Governor  and  Council — November  1804.  49 

days  after  the  Selectmen  of  Burlin«?ton  have  approved  of  the  Boat  or 
Boats  for  ferrying  as  aforesaid  and  shall  have  regulated  the  rate  of  ferri- 
age according  to  the  directions  of  this  act,  be  unprovided  with  such 
Boat  or  Boats,  or  shall  not  have  provided  suitable  Landing  places,  or 
shall  neglect  to  post  up  at  each  landing  place  a  Board  or  Si^n  contain- 
ing the  Rates  of  Ferriage,  he  or  they  so  neglecting  shall  forfeit  the  grant 
of  the  Ferry  aforesaid.  And  if  the  said  Gideon,  his  Heirs  or  Assigns, 
shall  unreasonably  delay  any  person.  Team  or  Carriage  from  Crossing, 
(the  weather  being  favorable,)  or  shall  take  or  receive  greater  or  other 
fees  for  ferriage  as  aforesaid  than  are  allowed  as  aforesaid,  and  be 
thereof  convicted  before  any  court  proper  to  try  the  same,  he  or  they 
so  offending  shall  forfeit  and  pay  to  the  person  or  persons  injured  all 
reasonable  Damages  and  full  Costs  of  Prosecution," — which  amendment 
was  adopted  and  Resolved,  To  concur  with  the  House  in  passing  the 
said  Bill  into  a  Law  as  amended,  and  M^  White  requested  to  inform  the 
House  of  the  reasons  which  governed  Council  in  proposing  those 
amendments. 
Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M.— An  Engrossed  Bill,  passed  in  the  House  of  Rep- 
resentatives, Entitled  "An  act  for  the  releif  of  Joseph  Conner,"  was 
sent  up  to  the  Governor  and  Council  for  their  Revision  &c.  read  and  on 
motion  Resolved,  To  concur  with  the  House  in  passing  the  said  Bill 
into  a  Law. 

The  Committee  on  the  Bill  Entitled  "An  act  in  addition  to  an  Act 
Entitled  an  act  respecting  Landed  property  and  the  mode  of  proceeding 
therein"  &c.  reported  that  upon  an  examination  there  appeared  no  ne- 
cessity of  extending  the  provisions  of  the  said  act  beyond  the  time 
limit  I'd.  and  that  the  Bill  Ijefore  Council  ought  not  to  pass,  whereupon 
it  was  Resolved,  To  nonconcur  with  the  House  in  passing  said  Bill  into 
a  Law  for  the  following  Reasons,  viz.  !•*•  That  the  act  which  this  is  to 
continue  in  force  for  a  longer  time  than  the  Tenth  isection  of  said  Act  pro- 
vided for,  was  passed  by  the  Legislature  under  the  pressing  urgency  of  Pe- 
titions from  a  groat  number  of  Inhabitants,  complaining  of  serious  evils 
that  then  existed,  which  evils  do  not  appear  to  the  Council  now  to  exist. 
2™*  That  the  Council  conceive  it  to  be  against  the  good  policy  of  this 
State  to  pass  Laws  which  might  in  the  least  degree  savor  of  anencour- 
agement  to  Persons  to  take  possession  of  Lands  without  thoroughly 
examining  the  Titles  under  which  they  are  to  hold,  which  means  of 
inquiry  have  now  become  much  more  familiar  and  certain  than  in  years 
past. 

The  Committee  on  the  Bill  Entitled  "An  act  directing  the  Treasurer 
to  pay  Elias  Stevens  the  Sum  therein  mentioned,"  reported  the  follow- 
ing amendment  tp  be  added  to  the  Bill:  "Provided  that  the  said  Elias 
Stevens  shall  execute  to  the  Treasurer  of  this  State  a  Bond  in  the  penal 
Sum  of  fifty  Dollars,  conditioned  That  if  the  aforesaid  Certificate  shall 
hereafter  be  presented  and  paid  by  the  Treasurer,  the  said  Elias  shall 
repay  the  same  to  the  Treasurer  on  Demand  with  Interest " — which  Re- 
port was  accepted  and  on  motion  Resolved,  To  concur  with  the  House 
in  passing  the  said  Bill  into  a  Law  as  amended. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives.  Entitled 
"An  act  incorporating  certain  persons  therein  mentioned  by  the  name 
of  the  Rutland  and  Stockbridge  Turnpike  Company,"  was  sent  up  to  the 
Governor  and  Council  for  their  Revision  &c.  read  and  on  motion  Re- 
solved, That  it  be  Referred  to  Mess*-  Wheelock  and  Galusha. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
''An  act  incorporating  and  establishing  an  Academy  in  Rutland  in  the 


50  Governor  and  Council — November  1804. 

County  of  Rutland  and  State  of  Vermont,"  was  sent  up  to  the  Governor 
and  Council  for  Revision  &c.  and  being  read  it  was  motioned  that  it  be 
recommended  to  the  House  of  Representatives  to  lay  this  Bill  over  to 
the  next  Session  of  the  Legislature,  which  motion  was  negatived,  and  it 
was  Resolved,  That  it  be  referred  to  M'-  Niles  for  amendment. 

The  following  Resolution  was  received  from  the  House — "Resolved, 
the  Governor  and  Council  concurring  therein,  that  the  Governor  and 
Council  meet  the  House  in  the  Representatives'  Room  tomorrow  morn- 
ing at  10  O'clock  in  order  to  adjourn  the  Legislature  without  day.  In 
General  Assembly  Nov.  8,  1804,  Read  and  adopted.  Attest  M*.  Post 
Clk.'* — which  was  read  and  Ordered  to  lie  on  the  Table. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
**An  act  regulating  the  packing  and  sale  of  Lime,"  was  sent  up  to  the 
Governor  and  Council  for  their  Revision  &c.  read  and  Resolved,  That  it 
be  referred  to  M*"-  Wheelock. 

The  Committee  to  whom  was  referred  the  Bill  Entitled  "An  act  di- 
recting the  Treasurer  of  this  State  to  suspend  Prosecution  against  Jo- 
siah  Edson  Esquire,  late  Sheriff  of  Orange  County,  for  the  Term  of  one 
Vear,"  reported  sundry  amendments,  which  were  adopted  &  Resolved, 
That  the  said  Bill  do  pass  and  that  it  be  engrossed  and  sent  to  the 
House  for  their  Concurrence  &c. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  directing  the  Treasurer  to  credit  the  First  Constable  of  the 
Town  of  Williamstown  the  sum  therein  mentioned,"  was  sent  up  to  the 
Governor  and  Council  for  their  Revision  &c  read  and  on  motion  Re- 
solved, To  concur  with  the  House  in  passing  the  said  Bill  into  a  Law. 

The  Committee  on  the  Methodist  Resolution  reported  a  new  amend- 
ment to  the  Bill,  when  on  motion  it  was  Resolved,  That  it  be  laid  over 
to  the  next  Session  of  the  Legislature.  | 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'*An  act  in  addition  to  an  act  Entitled  an  act  in  addition  to  an  act  En- 
titled an  act  directing  the  publication  of  Advertisements  in  the  News- 
papers therein  mentioned,  passed  Nov.  o****  1799,"  was  sent  up  to  the 
Governor  and  Council  for  their  Revision  &c.  and  being  read  it  was 
Resolved,  That  it  be  referred  to  M^  Galusha. 

"An  act  in  addition  to  an  act  Entitled  an  act  for  regulating  and  govern- 
ing the  Militia."  was  again  Read  and  on  Motion  Resolved,  That  it  be 
referred  to  Gov'-  Brigham,  Mes»  Shepardson  &  Witherell. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
*'An  act  establishing  a  Grammar  School  in  Dorset,"  was  sent  up  to  the 
Governor  and  Council  for  their  Revision  «fcc.  Read  and  on  motion  Re 
solved.  That  it  be  referred  to  M*^  Niles. 

Adjourned  to  8  O'clock  Tomorrow  morning. 


Rutland,  Friday,  November  9"^'  1804,  8  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  restoring  John  Nott  to  his  Law  in  a  certain  case  therein  men- 
tioned," 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. 

The  Treasurer  appeared  in  Council  Chamber,  produced  his  Bonds, 
which  were  read,  approved  and  accepted  by  the  Governor  and  Council, 
and  the  Oath  of  Office  was  administered  to  him  by  his  Honor  the  L* 
Governor. 


Governor  and  Council — November  1804.  51 

The  Resolution  of  tlie  House  for  the  adjournment  of  both  Houses  was 
again  read,  amended  by  altering  the  time  of  adjournment  to  one  O'clock 
this  Day,  Concurred  as  amended  and  Ordered,  That  the  Secretary  carry 
it  to  the  House. 

M'-  White  asked  and  had  leave  to  introduce  a  Bill  Entitled  "An  act 
to  repeal  the  first  Section  of  an  act  Entitled  An  act  to  encourage  the 
increase  of  Sheep/'  which  was  read,  passed  and  Ordered,  That  it  be  en- 
grossed and  sent  to  the  House  for  their  concurrence. 

An  Enj^rossed  Bill,  passed  in  tlie  House  of  Representatives,  Entitled 
"An  act  directing  the  Treasurer  to  collect  all  Monies  due  from  Sheriffs  " 
&c.  was  sent  up  to  the  Governor  and  Council  for  their  Revision  &c.  which 
was  read  and  undergoing  sundry  Amendments  it  was  Resolved,  To  con- 
cur with  the  House  in  passing  the  same  into  a  Law  as  amended,  and 
Gov^-  Brigham  appointed  to  inform  the  House  of  the  Reasons  of  Council 
in  adopting  those  Amendments. 

The  following  Messages  from  the  House  were  delivered  by  the  officer 
of  the  House—''  In  General  Assembly  Nov^-  8*^*  1804,  Resolved  to  con- 
cur with  the  Governor  and  Council  in  their  proposed  Amendments  to 
the  Bill  Entitled  'An  act  granting  to  Gideon  King  the  Right  of  keeping 
a  Ferry  "  &c. — and  further  Resolved  to  concur  in  the  Resolution  for  re- 
ferring the  Bill  Entitled  '"An  act  authorizing  and  empowering  the  Pro- 
prietors and  Landowners  of  Stow  to  make,  accept  and  Confirm  any 
Division  "  &c.  to  the  next  Session  of  the  Legislature.  Extract  from  the 
Journals,  Attest  M.  Post  Clk.  In  General  Assembly  Nov.  9^*»'  1804, 
Resolved  to  concur  with  the  Governor  and  Council  in  their  proposed 
Amendments  to  the  Bill  Entitled  "An  act  directing  the  Treasurer  to 
pay  Elias  Stevens  the  sum  therein  mentioned."  Extract  from  the  Jour- 
nals, Attest  M.  Post  Clk  " — which  m*essages  were  read  and  ordered  to 
be  entered  on  the  Journals. 

The  Debenture  of  Council  for  the  present  Session  was  read  as  made 
out  by  the  Secretary,  approved,  and  ordered  that  it  be  entered  on  the 
Journals,  as  follows: — 

Travel.  Anit.  of  Atten-  Amt.  of    Whole 
Travel,   dance.  Att'dce.  Amount. 

His  Honor  Paul  Brigham,  L^  Governor.. .  .50    S6.00    30  $120.00  $126.00 
The  Hon^>«  Jonas  Galusha  of  the  Council. .  .50 

•' Samuel  Saffbrd ''   58 

'' Noah  Chittenden '' 65 

"   . .  .James  Witherell '" 17 

*• Beriah  Loomis "   60 

". . .  .John  White " 87 

-'   . .  .Nathaniel  Niles " 71 

". . .  .Eliakim  Spooner  " 52 

"....Samuel  Shepardson   ..." 81 

" Ebenezor  Wheelock " 28 

. .  Asaph  Fletcher " 25 

.  .Elias  Keyes " 24 

William  Page  Jun'  Secretarv *' 65 

Arunah  W.  Hyde  Esq^-  Sheriffof  Rutland  Cy  10 
Issacbar  Reed  for  his  Bill  of  Room  &c 

$853.16 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
'An  act  assessing  a  Tax  on  the  Low  Lands  on  Otter  Creek  for  the  pur- 
pose therein  mentioned,"  was  sent  up  to  the  Governor  and  Council  for 
their  Revision  &c.  read,  amended  and  on  motion  Resolved,  To  concur 


6.00 

30 

45.00 

51.00 

6.96 

15 

22.50 

29.46 

7.80 

30 

45.00 

52.80 

2.04 

30 

45.00 

47.04 

7.20 

30 

45.00 

52.20 

10.44 

30 

45.00 

55.44 

8.52 

30 

45.00 

53.52 

6.24 

30 

45.00 

51.24 

9.72 

30 

45.00 

54.72 

3.36 

30 

45.00 

48.36 

3.00 

30 

45.00 

48.00 

2.88 

21 

31.50 

34.38 

7.80 

30 

75.00 

82.80 

1.20 

30 

45.00 

46.20 
.  .20.00 

62  Governor  and  Council — November  1804. 

with  the  House  in  passing  the  said  Bill  into  a  Law  as  amended,  and  M'- 
Galusha  requested  to  inform  the  House  of  the  Reasons  of  Council  in 
proposing  those  Amendments. 

The  Committee  on  the  Bill  Entitled  ''An  act  Incorporating  and  estab- 
lishing an  Academy  in  Rutland  in  the  County  of  Rutland  and  State  of 
Vermont,"  reported  that  the  Third  and  fourth  Sections  be  erased  and 
two  new  ones  inserted,  which  was  accepted  and  on  Motion  it  was  Re- 
solved, To  concur  with  the  House  in  passing  the  same  into  a  Law  as 
amended,  and  M'-  Niles  appointed  to  inform  the  House  of  the  Reasons 
of  Council  in  adopting  those  Amendments. 

The  Committee  on  the  Bill  Entitled  *'An  act  regulating  the  Packing 
and  Sale  of  Lime,"  reported  that  the  words  ''Winchester  Measure  "  be 
inserted  after  the  word  ''Bushels"  in  the  Seventh  line,  which  was 
adopted  and  on  motion  Resolved,  To  concur  with  the  House  ih  passing 
said  Bill  into  a  Law  as  amended. 

The  following  Messages  were  rec^  from  the  House,  read  and  Ordered, 
That  they  be  entered  on  the  Journals,  viz.  "In  General  Assembly  Nov. 
9^**'  1804,  Resolved  to  concur  with  the  Governor  and  Council  in  passing 
the  Bill  Entitled  "An  act  directing  the  Treasurer  of  this  State  to  sus- 
pend prosecution  against  Josiah  Edson  Esquire  Sheriff"  «&c.  and  the 
Bill  Entitled  "An  act  to  repeal  the  first  Section  of  an  act  Entitled  An 
act  to  encourage  the  increase  of  Sheep."  And  also  Resolved  to  concur 
in  the  amendment  proponed  by  the  Governor  and  Council  to  the  Reso- 
lution ap])ointing  a  Time  for  the  Two  Houses  to  meet  in  order  to 
adjourn  the  Legislature.  Attest  M.  Post  Clk.  In  General  Assembly 
Nov.  8,  1804,  Resolved  to  concur  with  the  Governor  and  Council  in  their 
proposed  Amendment  to  the  Bijl  Entitled  ''An  act  to  repeal  the  act 
therein  mentioned"  &c.  Extract  from  the  Journals,  Attest  M.  Post 
Clk." 

The  following  Bills,  passed  in  the  House  of  Representatives,  were 
sent  up  to  the  Governor  and  Council  for  their  Revision  &c. — "An  Act 
empowering  the  Supreme  Court  to  Hear  the  Petition  of  Thomas  Bar- 
num  and  others  for  a  new  Trial  :  An  act  empowering  William  C.  Har- 
rington, Executor  of  the  last  Will  and  Testament  of  William  Coit  Esq' 
late  of  Burlington  decei^sed,  to  sell  and  convey  &c.;  An  act  directing  a 
Suit  to  be  commenced  in  the  name  of  the  Treasurer  of  this  State  against 
Asa  Smith'' — which  were  severally  read  and  considered  and  on  Motion 
Resolved,  To  concur  with  the  House  in  passing  them  into  Laws. 

M'  Chittenden  [was]  appointed  to  receive  the  Debenture  of  Council. 

The  Committee  on  the  Bill  Entitled  *•  An  act  in  addition  to  an  act  re- 
specting Advertisements  "  &c.  reported  that  it  ought  not  to  pass,  where- 
upon it  was  Resolved,  To  nonconcur  with  the  House  in  passing  the  said 

Bill  into  a  Law,  and  M*" requested  to  inform  the  House  of  the 

Reasons  of  Council  for  such  nonconcurrence.^ 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  making  the  necessary  appropriations  for  the  support  of  Govern- 
ment during  the  present  Session  and  for  other  purposes,"  was  sent  up 
to  the  Governor  and  Council  for  their  Revision  ike.  read  and  on  motion 
Resolved,  To  concur  with  the  House  in  passing  said  Bill  into  a  Law. 

The  Committee  on  the  Bill  Entitled  "An  act  incorporating  certain 
persons  therein  mentioned  by  the  name  of  the  Rutland  and  Stockbridge 
Turnpike  Company,"  re[)orted  sundry  amendments,  which  were  adopted 
and  on  motion  it  was  Resolved,  To  concur  with  the  House  in  passing 


*  The  journal  of  the  House  states  that  the  reasons  were  "  annexed  to 
the  bill,"  without  stating  by  whom. 


Governor  and  Council — November  1804.  53 

said  Bill  into  Law  as  ameDded,  and  M^-  Keycs  requested  to  acquaint  the 
House  with  the  Reasons  which  governed  Council  in  proposing  those 
amendments. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
*•  An  act  to  suspend  the  Collection  of  certain  Costs,"  was  sent  up  to  the 
Governor  and  Council  for  their  Revision  &c.  and  on  motion  Resolved, 
To  nonconcur  with  the  House  in  passing  the  said  Bill  into  a  Law,  and  M""- 
Loomis  requested  to  inform  the  House  of  the  Reasons  of  Council  foi* 
such  nonconcurrence. 

The  Committee  on  the  Bill  Entitled  "An  act  establishing  a  Grammar 
School  in  Dorset,''  reported  sundry  Amendments  to  the  Bill  which  were 
adopted  and  on  motion  it  was  Resolved,  to  concur  with  the  House  in 
passing  the  said  Bill  into  a  Law  as  amended,  and  M*"  Niles  requested  to 
mform  the  House  of  the  reasons  of  Council  in  proposing  those  Amend- 
ments. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"  An  act  appointing  a  Committee  to  lay  out  and  survey  a  Market  Ro<ad 
from  the  South  line  of  Fairhaven  "  &c.  was  sent  up  to  the  Governor  and 
Council  for  their  Revision  &c.  read  and  Resolved,  To  concur  with  the 
House  in  passing  tlie  same  into  a  Law. 

M*^-  Loomis  introduced  this  Resolution— "In  Council  Nov.  9  1804,  Re- 
solved, the  House  of  Representatives  concurring  therein,  that  all  the 
unfinished  [business]  now  remaining  before  the  Governor  and  Council 
and  House  of  Representatives  be  laid  over  to  the  next  Session  of  the 
Legislature,  then  to  be  Uiken  up  and  acted  on  anew  in  the  House  of 
Representatives,  and  that  the  Secretary  of  the  Council  return  to  the 
Clerk  of  the  House  the  unfinished  business  now  before  Council  " — 
which  was  read,  adopted,  and  Ordered  that  the  Secretary  carry  it  to  the 
House  &  request  the  concurrence  of  that  Body. 

An  Engrossed  Bill. .passed  in  the  House  of  Representatives,  Entitled 
"An  act  directing  the  Treasurer  to  ])ay  Ja'-  A.  Potter  the  sum  therein 
mentioned,"  was  sent  up  to  the  Governor  and  Council  for  their  Revision 
&c.  read  and  on  motion  Resolved,  To  concur  with  the  House  in  passing 
the  said  Bill  into  a  Law. 

The  following  Message  was  received  from  the  House,  read  and  Or- 
dered, That  it  be  entered  on  the  Journals — *'In  General  Assembly  Xov. 
9*^»'  1804,  Resolved  that  this  House  concur  with  the  Governor  and  Coun- 
cil in  their  amendments  to  the  following  Bills,  to  wit — "An  act  direct- 
ing the  Treasurer  to  collect  all  Monies  due  from  Sherifl's  "  &c.,  "  An 
act  establishing  a  ^-rammar  School  in  Dorset,''  and  "An  act  assessing 
a  Tax  on  certain  low  lands  on  Otter  Creek''  &c.  Extract  from  the 
Journals,     Attest     M.  Post  Clk." 

The  Resolution  of  Council,  relative  to  the  unfinished  business  before 
both  branches  of  the  Legislature  was  returned  to  Council  by  a  Member 
of  the  House  with  this  order  thereon — "  In  General  Assembly  Nov'-  9, 
1804,  Resolved  to  concur  with  the  Governor  and  Council  in  this  Resolu- 
tion. Attest  M.  Post  Clk,"  and  the  same  Member  also  informed  the 
Governor  and  Council  that  the  House  was  now  ready  to  join  with  the 
Council  in  the  Representatives'  Room  for  the  purpose  of  adjourning  the 
Legislature  without  day. 

The  Governor  and  Council  immediately  proceeded  to  the  Representa- 
tives' Room  for  the  purpqse  abovementioned,  and  after  an  appropriate 
prayer  by  M'-  Ball,  the  Chaplain,  the  Legislature  was  adjourned  without 
day,  auci  Proclamation  made  of  the  same  by  Arunah  W.  Hyde  Esq'- 
Sheriff  of  Rutland  County. 

A  True  Journal —  Attest    William  Page  Jun'-  Secv- 


64  Governor  and  Council — Mat/  1805, 


RECORD  OP  THE  GOVERNOR  AND  COUNCIL 

AT  A 

SPECIAL  SESSION,  AT  RUTLAND,  MAY  15  AND  16,  1805. 


State  of  Vermont  ss.  A  Journal  of  the  Proceedings  of  the  Gov- 
ernor and  CouDcil  of  the  State  of  Vermont  at  their  Session  begun  and 
holden  at  the  Court-House  in  Rutland  within  and  for  said  State  on 
Wednesday  the  fifteenth  day  of  May  in  the  Year  of  our  Lord  one  Thou- 
sand eight  Hundred  and  five  and  of  the  Independence  of  the  Uniled 
States  the  Twenty-ninth,  by  special  notification  from  His  Excellency 
the  Governor,  for  the  purpose  of  supplying  a  Vacancy  in  the  Oflice  of 
High  Bailifi*  in  the  County  of  Caledonia,  and  to  do  and  transact  any 
other  Business  that  may  then  and  there  be  considered  proper  to  be  done. 

2  O'clock  P.  M. — Present  His  Excellency  L<^aac  Tichenor  Esquire 
Governor,  His  Honor  Paul  Brigham  Esquire  L*-  Governor,  of  the  Coun- 
cil The  Honorable  Jonas  Galusha,  Samuel  Saffbrd,  James  Witherell, 
John  White,  Eliakim  Spooner,  Samuel  Shepardson,  Asaph  Fletcher  & 
Elias  Keyes  Esquires.  William  Page  Jun*"-  Secretary,  Arunah  W.  Hyde 
Esq'-  Sheriff: 

The  Governor  communicated  to  the  Council  sundry  Letters  from 
David  Wing  Ju*^-  Esquire  Chief  Judge  of  the  Couniy  Court  of  Caledonia 
County,  several  Attornies  in  that  County  and  from  William  C.  Bradley 
Esquire,  respecting  the  appointment  of  a  High  Bailiff  in  the  County  of 
Caledonia  to  supply  the  vacancy  occasioned  by  'the  refusal  of  Abner 
Harris  the  present  High  Bailiff*  to  qualify  himself  for  that  Office  accord- 
ing to  Law. 

On  Motion  of  L*-  Gov*"-  Brigham,  the  Council  proceeded  to  the  choice 
of  a  High  Bailiff  to  supply  the  vacancy  in  that  Office  in  the  County  of 
Caledonia,  and  the  Ballots  being  counted,  David  Tilton  was  declared 
to  be  duly  elected. 

On  Motion,  The  Council  resolved  also  to  supply  the  vacancy  in  the 
Office  of  High  Bailiff*  in  the  County  of  Franklin,  occasioned  by  the  refu- 
sal of  Bohan  Shepard  Esquire,  the  present  High  Bailiff,  to  qualif3'  him- 
self for  that  office  according  to  Law,  founded  on  the  Representation  of 
the  Hon:)rable  M^-  White — and  the  ballots  being  cninted,  Oliver  Day 
Esq'-  was  declared  to  be  duly  elected. 

The  Governor  informed  the  Council  that  two  applications  had  been 
made  to  him  from  Morgan  Lewis  Esquire,  Governor  of  the  State  of 
New  York,  requesting  the  Governor  of  this  State  to  cause  to  be  a])pre- 
hended  and  delivered  to  Nathan  Willson  Esquire  Sheriff  <»f  Washington 
County  in  the  State  of  New  York,  or  to  such  other  person  as  he  shall 
appoint  for  that  purpose,  the  body  of  Benjamin  Adams,  who  stands 
charged,  by  Indictment,  with  felony,  committed  in  the  said  County  of 
Washington,  and  the  Bodies  of  William  Palmer,  Jehiel  Palmer,  and 
Elam  Stebens,  late  of  the  Town  of  Hebron  in  the  said  County  of  Wash- 
ington, who  stand  charged  by  Indictment  with  a  liiot,  all  of  whom,  it  is 
represented,  are  now  in  this  State,  and  the  Documents  relative  to  the 
laid  application  being  read  it  was  on  Motion  Besolved,  That  the  Council 


Governor  and  Council — Mat/  1805.  65 

advise  the  Governor  to  issue  his  warrant  to  apprehend  the  Bodies  of  the 
said  Benjamin  Adams,  William  Palmer,  Jehiel  Palmer,  and  Elam  Steb- 
ens.  and  that  he  cause  them  to  be  delivered  to  the  said  George  Willson 
Esq^-  or  to  such  other  person  as  he  shall  appoint  for  that  purpose. 
Adjourned  to  6  O'clock  Tomorrow  morning. 


Thursday  16  May,  1805,  6  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Debenture  of  Council  was  read  by  the  Secretary,  approved,  and 
Ordered,  That  it  be  entered  on  the  Journals,  as  follows:  — 

Debenture  of  Council  at  their  Special  Session  May  1805. 

Amt.  of  Atten-  Amt.  of  AVholc 

Travel.  Travel,  dauce.  Att*ce.    Amt. 

His  Honor  Paul  Brigham  I>  Governor 50  $6.00  2  $8.00    $14.00 

The  Hon»»»-  JonaH  Galusha  of  the  Council. .  .50  6.00  2  3.00  9.00 

-' Samuel  Safford ** 59  7.08  2  3.00  10.08 

^'.... James  Witherell ** 17  2.04  2  3.00  5.04 

"....John  White '' 87  10.44  2  3.00  13.44 

*• Asaph  Fletcher    " 27  3.24  2  3.00  6.24 

*'   ...  Elias  Keyes *^ 20  2.40  2  3.00  5.40 

" Eliakim  Spoouer " 52  6.24  2  3.00  9.24 

'* Sanmel  Shepardson. ...  '' 80  9.60  2  3.00  12:60 

William  Page  Jun^-  Secretary 65  7.80  2  5.00  12.80 

Arunah  W.  Hyde  Esq'-  Sheriff .M2  1.44  2  3.00  4.44 

862.36  S40.00  8102.36 

Xo  further  business  being  before  the  Council,  on  Motion  they  ad- 
journed without  day. 

A  True  Journal,  Attest         William  Page  Jun'-  Seci^- 


TWENTY-NINTH  COUNCIL 


OCTOBER  1805  TO  OCTOBER  1806. 


Isaac  Tichenor,  BenniDgton,  Oovemor. 
Paul  Bkigham,  Norwich,  Lieut.  OovetTior. 

Councillors: 


Nathaniel  Niles,  West  Fairlee, 
Jonas  Galusha,  Shaflsbury, 
John  White,  Georgia, 
Beriah  Loomis,  Thelford, 
Noah  Chittenden,  Jericho, 
Eliakim  Spooner,  Westminster, 

WILLIA2I  Page,  Jr.,  Secretary, 
David  Elkins,  Sheriff, 


James  Witherell,  Fairhaven, 
Asaph  Fletcher,  Cavendish, 
Elias  Keyes,  Stockbridge, 
Samuel  Shepardson,  Guilford, 
Ebenezer  Wheelock,  Whiting, 
Josiah  Wright,  Pownal. 


BIOGRAPHICAL  NOTICE. 

Gon.  Josiah  Wright,  born  in  1752,  son  of  Charles  Wright,  was 
brought  by  his  father  from  Williamstown,  Mass.,  to  Pownal  in  1763.  Tie 
represented  Pownal  in  the  General  Assembly  179.3  until  1803,  1796  ex- 
cepted—nine  years  ;  was  Councillor  1805  until  1817.  1808  and  1814 
excepted — ten  years  ;  Judge  of  Probate  1801  until  1814— thirteen  years; 
Judge  of  the  County  Court  1810  until  1817,  1814  excepted— six  years  ; 
a  Justice  of  the  Peace  twenty-four  years  ;  and  Presidential  Elector 
in  1804  and  1812.  He  was  one  of  the  Boar<l  of  Commissioners  ap- 
pointed in  1807  for  the  erection  of  the  State  Prison,  "and  is  believed," 
wrote  Gov.  Hiland  Hall,  '"to  have  been  the  active  agent  and  super- 
intendent in  its  construction."  He  was  Councillor  when  his  death 
occurred,  Jan.  1  1817,  from  an  accident.  Gen.  Wright  and  his 
younger  brother.  Judge  Solomon  Wright,  differed  in  political  senti- 
ment on  the  formation  of  the  Jeffei-sonian  Republican  and  Federal 
parties,  and  each  was  a  party  leader  in  the  town  and  influential  in  the 


Governor  and  Council — October  1805.  57 

County  and  State.  The  General  was  defeated  by  the  Judge  in  the 
election  for  representative  in  1706, 1803,  and  1804  ;  and  again  in  the  ap- 
pointments as  Judge  of  the  County  Court  and  of  the  Probate  Court  in 
1814 ;  but  as  during  their  political  lives  the  Republican  party  was 
generally  dominant,  the  largest  share  of  official  service  fell  to  the  Gen- 
eral. Both  were  Whigs  in  the  revolution,  and  rendered  military  ser- 
vice—the General  in  the  battle  of  Bennington,  and  the  Judge  on  the 
frontier  posts  at  Rutland  and  Pittsford.  Gov.  Hall  has  described  them 
as  '*nieii  of  great  natural  talent  and  shrewdness,  and  possessing  sound 
and  discriminating  judgments  and  determined  wills,  were  well  calcu- 
lated to  lead  in  all  matters  in  which  they  respectively  took  part." — VU 
Historical  Magazine,  Vol.  i,  article  "  Pawlet " ;  Deming's  Catalogue  ; 
and  Vt.  Legislative  Directory,  1876-7. 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION   OF  THE    GENERAL   ASSEMBLY   AT  DANVILLE, 

October,  1805. 


State  of  Vermont  ss.  A  Journal  of  the  Proceedings  of  the 
Governor  and  Council  of  the  State  of  Vermont  at  their  Session  begun 
and  holden  at  Danville,  within  and  for  said  State,  on  the  tenth  day  of 
October,  being  the  second  Tliursday  of  that  Month,  in  the  year  of  our 
Lord  one  Thousand  eight  Hundred  and  five,  and  of  the  Independence 
of  the  United  Slates  the  Thirtieth,  on  which  day  the  General  Assembly 

were  convened  pursuant  to  the  Laws  and  Constitution  of  tliis  State 

Prt»J^ent  His  Excellency  Isaac  Tichenor  Esq*^-  Governor,  His  Honor 
Paul  Brigham  Esq'-  L*-  Governor,  of  tlie  Council  the  Hon»»'«  Jonas 
Galusha,  Samuel  Safford,  Noah  Chittenden,  James  Witherell,  Beriah 
LcM»niis,  John  Wliite,  Nathaniel  Niles.  Eliakiin  Spooncr,  Samuol  Shep- 
ards(»n,  Ebenezer  Wheelock,  Asaph  Fh^tchor  «&  Elias  Keyes  Esquires. 
William  Page  Jun'  Secretary,  David  Elkins  Esquire  Sheriff  of  Caledonia 
Couniy. 

M'  Safford  intnuluced  the  following  Resolution— Resolved,  That  a 
Committee  of  five  Members  he  chosen  from  Council,  to  join  such  Com- 
mittee as  the  General  Assembly  may  appoint,  to  receive,  sort  and  count 
the  Votes  for  Governor,  I>  Governor,  Treasurer  and  Councillors  for 
the  year  ensuing  and  report  the  same  as  soon  as  may  be — [which  was 
adopted.]  Mess*-  Galusha,  Witherell,  White,  Niles  &  Fletcher  were 
appointed  a  Committee  from  Council  for  that  purpose  and  sworn 
accordingly. 

Ordered,  That  the  Secretary  acquaint  the  house  of  Representatives 
that  a  quorum  of  the  (Jouncil  has  convened,  and  also  carry  down  the 
foregoing  resolution. 


6S  Governor  and  Council — October  1805. 

• 

M'-  Shaw,  a  Member  of  the  house,  returned  the  above  resolution  with 
the  order  of  that  bo<ly  thereon — "  In  General  Assembly  Oct*"- 10"*'  1805, 
Bead,  Concurred  &  Mess»  Rising,  Graves,  [Jacob]  Galusha,  S.  Porter, 
Knight,  Whitney,  Shaw,  P.  Smith.  E.  Porter,  Enos,  Luce,  J.  [James] 
Smith,  Rich.  S.  Strong,  Frazer,  Thayer,  Buckingham,  Chase,  Pearl, 
Jackson,  J.  French,  Cameron,  Armington,  Gaboon.  White,  Pomeroy,  J. 
Robinson,  Hinman,  Crafts,  Parker,  De  Forest,  Kibbe  and  S.  Phelps 
appointed  a  Committee  on  the  part  of  the  House.  Attest  M.  Post  Clk. 
Pro  Tem." 

Council  adjourned  to  6  O'clk  P.  M.  for  the  purpose  of  attending  Pub- 
lic Worship.' 

5  O'clock  P.  M. — [Dudley  Chase,  a]  Member  of  the  House,  informed 
the  Governor  and  Council  that  the  Committee,  appointed  to  receive, 
sort  and  count  the  Votes  for  Governor,  L*  Governor,  Treasurer  &  Coun- 
cillors for  the  year  ensuing,  were  ready  to  report,  and  requested  the  at- 
tendance of  this  branch  of  the  Legislature  in  the  Representatives' 
Room  for  the  purpose  of  receiving  the  same. 

The  Governor  and  Council  immedialelv  proceeded  to  the  RepresentJi- 
tives'  Room  for  that  purpose,  when  tlie  Committee  made  the  following 
Report—"  Danville  October  10"^'  1805.  To  the  Hon*'**  General  Assem- 
bly now  sitting  at  Danville  in  the  County  of  Caledoni:* — Your  Commit- 
tee appointed  to  receive,  son  &  count  the  Votes  for  Governor.  L^  Gov- 
ernor, Treasurer  Jind  Councillors  for  tlie  vear  ensuing,  beg  leave  to 
report.  That  His  Excellency  Isaac  Tichenor  Esq^-  is  elected  Governor,  His 
Honor  Paul  Brigham  L*-  Governor,  Benjamin  Swan  Esquire  Treasurer, 
Jonas  Galusha,  Beriah  Loomis,  Koah  Chittenden.  James  Witherell, 
Eliakim  Spooner,  Asaph  Fletcher,  Samuel  Shepardson,  Ebenezer  Whee- 
lock,  John  White,  Nathaniel  Niles,  Elias  Keyes  and  Josiah  Wright 
Esquires  Councillors.  Attest    Jonas  Galusii a,  CAairwian."* 

David  Elkins  Esquire,  Sheriff  of  Caledonia  County,  made  proclama- 
tion of  the  same,  and  the  Governor  and  Council  returned  to  their 
Chamber  and  adjourned  to  9  O'clock  tomorrow  morning. 


Friday  October  ll'»».  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment — Present  His  Honor  Paul 
Brigham  L'-  Governor,  of  the  Council  The  Hon^**  Jonas  Galusha,  Be- 
riah  Loomis,  Noah  Chittenden.  James  Witherell,  Eliakim  Spooner, 
Asaph  Fletcher,  Ebenezer  Wheelock,   John   White,   Nathaniel  Niles, 


^^  Rev.  John  Fitcii  preached  the  election  sermon. 

*  Gen.  Samukl  Safford  of  Bennington,  who  had  been  Councillor  for 
twenty-two  successive  years,  was  superseded  by  Gen.  JosiAH  Wright 
of  Pownal.  Gen.  Safford  was  at  this  time  seventy-eight  years  of  age, 
and  possibly  expressed  a  wish  to  letire.  though  there  is  no  published 
evidence  to  that  effect.  The  above  ticket  of  Councillors,  said  Spooner^s 
Vt.  Journal  of  Aug.  C  1803,  was  nominated  by  a  caucus  of  the  Jefferso- 
nian'  members  of  the  Legislature  of  1804,  with  Jonathan  Robinson  as 
Governor,  Paul  Brigham  as  Lieut.  Governor,  and  William  Hunter  as 
Treasurer.  No  statement  of  the  votes  of  the  freemen  can  be  found,  but 
the  election  of  the  Federalists  Tichenor  and  Swan,  while  the  Council 
and  House  were  Jeffersonian,  indicates  th<it  many  of  the  Jeffersonians 
refused  obedience  to  the   recommendation  of  the  caucus. 


Oovernor  and  Council — October  180n,  59 

Elias  Kcyes  and  Josiah  Wright  Esquires.     William  Page  .Tun'-  Secre- 
tary, Davkl  Elkins  Esquire  Sheritf. 

The  I>  Governor  and  the  ahovementioned  Members  of  the  Council 

Srocceded  to  the  Representatives'  Room,  and  after  prayer  by  the  Rev**- 
I*"-  Goodwillie,  the  Oaths  of  Office  and  to  support  the  Constitution  of  the 
United  States  were  administered  to  them  by  the  Chief  Justice.  The 
Council  returned  to  their  Chamber  and  Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — Samuel  Shepardson  Esquire  appeared  in  Council 
and  after  taking  the  Oaths  of  office  and  to  supi)ort  the  Constitutiqn  of 
the  United  States,  took  his  seat  as  a  Member  of  this  hoard. 

M^*  [Dudley]  Chase,  from  the  house,  informed  the  Council  that  the 
house  were  organized  and  ready  to  receive  any  communications  from 
his  Excellency  the  Governor. 

The  Secretary,  by  direction  of  the  Governor,  informed  the  house  that 
he  would  wait  on  tliem  tomorrow  morning  at  nine  o'clock  to  take  the 
necessary  oaths  and  to  make  his  official  Communications. 

Adjourned  to  9  O'clock  tomorrow  morning. 


Saturday,  October  12»»»'  1805,  9  O'clk  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Governor,  accompanied  by  the  Council,  proceeded  to  the  Repre- 
sentatives'* Room,  and,  alter  taking  the  Oaths  of  Office  and  to  support 
the  Constitution  of  the  United  .Stales,  delivered  to  both  Branches  of  the 
Legisl  iture  the  following  Speech.'  The  Governor  and  Couneil  then 
returned  to  their  Chamber  and  commenced  business. 

On  Motion  Resolved,  That  all  Committees  from  this  body  be  ap- 
p4iinted  by  the  Governor,  and  in  case  of  his  absence  by  the  L*  Governor. 

The  following  resolution  was  received  from  the  house — "In  General 
Assembly  Oct^-  ll****  1805.  The  following  standing  Committees,  accord- 
ing to  their  respective  denominations,  were  appointed  on  the  part  of 
the  house,  to  join  such  Comm**"  a«  the  H(m'  Council  may  please  to 
appoint  on  the  same  subjects,  viz.  Committee  on  New  Trials — Mess". 
W.  Chamberlain,  H.  French  and  Gardner.  C(mimittee  of  Insolvency 
and  Suspension— Mess"  Luce,  E.  Porter,  Clap,  House  and  Wilkins. 
Committee  on  Petitions  of  Colhrctors  of  State  Taxes — Mess"-  Fox,  Henry 
and  Galusha.  Committee  on  Banks — Mess"-  Hunt.  Cottle,  Crafts,  J. 
Fisk,  [Jonathan  of  Williamstown,]  P.  Smith,  B.  Phelps  and  Baker. 
Fir>«t  Land  Tax  Committee — Mess*  D.  Dyer,  Foster  &  C.  Smith.  Sec-, 
ond  Land  Tax  Committee — Mess"  Hall,  Fisher  &  Enos.  Third  Land 
Tax  Committee — Mess"-  Barlow,  Painter  &  Sbafter.  First  Turnpike 
Committee — Mes.s'  Ilurd,  Knight,  Chi[)man,  Freeman,  Butts,  Chase, 
Pearl,  Pomeroy,  Palmer,  Hinmnn  and  H.  French.  Committee  on  the 
Glebe  Lands— Mess»  Gardner,  Williams,  R.  Parker,  Emerson  and  J. 
Perry.  Kxtract  fiom  the  Journals,  Att.  M.  Post  Clk'' — whieh  was 
lead  and  it  was  Hesolved  to  coneur  in  the  appointment  of  the  above 
named  .standing  Committees,  and  that  M"^  Galusha  join  the  Committee 
appointed  by  the  bouse  on  New  Trials— AP  White  The  Committee  of 
Insolvency  and  Suspension — M'  Shepardson  The  Committee  on  the 
Pelili<ms  of  Collect(»i«  ot  Slate  Taxes — Mess"  Xiles  &  Keyes  The  Com- 
mittee on  Banks — M""-  Wright  The  First  Land  Tax  Committee— M'- 
Flelelier  The  Second  Land  Tax  Committee— M'-  Snooner  The  Third 
Land  Tax  Committee — Mess'-  Wilherell  &  Loomis  The  First  Turnpike 


'Fur  speech  see  Appendix  A. 


60  Governor  and  Council — October  1805. 

Committee — Mess'-  Chittenden  &  Wheelock  The  Committee  on  Glebe 
Lands. 

The  following  Resolution  was  received  from  the  House — ^'Resolved, 
the  Governor  and  Council  concurring  herein,  that  the  Members  of  both 
Houses  meet  in  County  Conventions,  at  four  OVlock  in  the  afternoon 
Monday  next,  for  the  purpose  of  making  County  nominations  for  County 
Officers,  and  that  both  Houses  convene  in  joint  Committee  on  Wednes- 
day next,  at  10  O'clock  in  the  forenoon  in  the  Representatives'  room, 
for  the  purpose  of  receiving  such  nominations  and  making  the  appoint- 
ment of  such  Officers.  In  General  Ass'imhly,  Oct^  ll***'  1805,  Read  and 
passed  into  a  Resolution  of  this  House,  and  Ordered  to  be  sent  to  tho 
Governor  and  Council  for  their  Concurrence.  Att.  M.  Post  Clk.'- — 
which  was  read,  and  it  was  Resolved  to  concur  therein. 

The  Petition  of  Josiah  Patterson,  praying  to  be  released  from  a  Judg- 
ment in  favor  of  the  Treasurer  of  the  State  against  him,  was  received 
from  the  House  with  this  order  thereon:  ''In  General  Assembly  Oct'- 
11,  1805,  Read  and  Referred  to  Mess"  Buckingham,  Wheatley  and 
Seegar,  to  join  Committee  from  Hon^'*  Council.  Att.  Martin  Post 
Clk." — which  was  read,  and  it  was  Resolved,  That  Gov-  Brigham  join 
the  aforesaid  Committee  appointed  by  the  House. 

The  Petition  of  Jonathan  Peterson  was  received  from  the  house  with 
this  order  thereon—'*  In  General  Assembly  Oct'  11,  1805,  Read  and  Re- 
ferred to  the  Committee  on  the  Petition  of  Josiah  Patterson  to  join 
Committee  from  Council.  Attest  Martin  Post  Clk.'' — wliich  was  read, 
and  it  was  Resolved,  To  concur  in  the  above  reference. 

The  Petition  of  Timothy  Bush,  praying  for  a  New  Trial  in  a  certain 
case  therein  mentioned,  wa^  received  from  the  house  with  this  order 
minuted  thereon — "In  General  Assembly  Oct*^- 11,  1805 — Read  and  Re- 
ferred to  the  Committee  on  New  Trials  to  join  &c.  Attest  Martin 
Post  Clk." — in  which  Reference  the  Council  concurred. 

The  Petition  of  the  Selectmen  of  Acton  was  received  from  the  House 
with  this  order  thereon — '*  In  General  Assembly  Oct'- 11,  1805 — Read  & 
Referred  to  the  Committee  on  State  Taxes  to  join.  Att.  Martin  Post 
Clk  " — in  which  reference  the  Council  concurred. 

A  Petition  for  a  Bank  at  Windsor,  the  Petition  of  J.  [John]  Ilolbrook 
and  others  for  a  Bunk  al  Brattleboro',  and  a  Petition  for  a  Bank  at  Bur- 
lington were  received  from  the  house  with  the  following  order  on  each: 
•*  In  General  Assembly  Oct^-  ll***-  1805— Read  &  Referred  to  the  Com- 
mittee on  Banks  to  join.  Att.  Martin  Post  Clk" — which  were  severally 
read,  and  it  was  Resolved.  To  concur  in  the  above  reference. 

A  Petitij)n  for  [a]  Land  Tax  on  Coit's  Gore,  and  one  for  a  Land  Tax 
on  S' Albans  were  received  from  the  house  with  this  order  on  each — "In 
General  Assembly  Oct'  ll***'  1805— Read  &  Referred  to  the  First  Land  Tax 
Committee.  Att.  Martin  Post  Clk" — which  were  severjiUy  read,  and  it 
wjis  Resolved,  To  concur  with  the  House  in  the  above  reference. 

A  Petition  for  a  Turnpike  Road  on  Connecticut  River,  the  Petition 
of  the  Selectmen  of  S*-  Johnsbury  tor  a  Turnpike  Road  from  Wells 
River  to  S'  Johnsbury,  and  the  Petition  of  Wright  Spalding  and  others 
for  a  Turnpike  Road  from  Onion  River  thro'  Moretown  to  Hancock, 
were  received  from  the  house  with  this  order  on  each — "•  In  General 
Assembly  Oct'-  11,  1805— Read  and  Referred  to  the  First  Turnpike 
Committee  to  join.  Att.  Martin  Post  Clk  *' — whereupon  it  was  Re- 
solved, To  concur  with  the  house  in  the  above  reference  of  the  Pe- 
titions. 

The  Petition  of  the  Selectmen  of  Danby,  relative  to  the  Glebe  Lands 
in  said  Town,  was  received  from  the  liouse  with  this  order  thereon — "In 
General  Assembly  Oct'- 11, 1805— Read  and  Referred  to  the  Committee 


Q-jvemor  and  Council — October  1805.  61 

on  the  Glebe  Lands,  to  join.  Att.  Martin  Post  Clk  " — which  Petition 
and  the  order  of  the  house  i)eing  read,  it  was  Resolved,  To  concur  in 
the  said  Reference. 

Adjourned  to  2  O'clock  P.  M. 

2  CcLOCK  P.  M. — The  Petition  of  the  Selectmen  of  the  Town  of 
Cnstleton  was  received  from*  the  house  with  this  order  of  that  body 
thereon — ''In  General  Assembly  Ocf-  12,  18U5-Read  &  Referred  to 
Mess»"  R.  Lyon,  Ware,  Stone,  8ani>-  Phelps  and  Walbridge  to  join.  Att. 
M.  Pust  Clk.-' — which  was  read,  with  the  order  of  the  house,  and 
it  was  Resolved,  That  M*"-  Loomis  join  the  above  Committee  appointed 
by  the  House. 

The  Petition  of  John  Huntington  was  received  from  the  house  with 
this  order  on  it — ''  lit  General  Assembly  Ocf-  12,  1805 — Read  and  Re- 
ferred to  the  Committee  on  the  Petition  of  Josiah  Patterson  to  join. 
Att.  Martin  Post  Clk." — in  which  reference  it  was  Resolved,  To  Concur. 

A  Petition  for  a  Land  Tax  on  Jay,  and  one  for  a  Land  Tax  on  War- 
ren, wore  received  Irom  the  House  with  this  order  on  each — "  In  Gen- 
eral Assembly  Oct'- 12***'  1805 — Read  and  referred  to  the  Second  Land 
Tax  Committee  to  join.  Att.  M.  Post  Clk.*' — which  Petitions  and  the 
orders  taken  by  the  house  on  them  being  read  it  was  Resolved,  To  con- 
cur with  the  house  in  the  said  Reference. 

The  Petition  of  Joseph  Safford,  for  an  act  of  Suspension,  was  received 
from  the  house  with  this  order  on  the  same — ''In  General  Assembly 
Oct"^  12, 1805 — Read  &  Referred  to  the  Committee  of  Insolvency  &c.  to 
join  Ac.  Att.  M.  Post  Clk" — which  was  read,  and  it  was  Resolved,  To 
concur  with  the  house  in  the  said  Reference. 

An  act  Incorporating  certain  Persons  therein  mentioned  by  the  name 
of  the  Onion  River  Turnpike  Company,  referr^  from  the  last  Session  of 
the  Legislature,  and  a  Petition  for  the  grant  of  a  Turnpike  Road  from 
Rutland  to  Cambridge  in  the  State  of  New  York,  were  received  from 
the  house  with  this  order  on  each — ''  In  General  Assembly  Ocf^-  12, 
1805 — Read  and  Referred  to  the  First  Turnpike  Committee  to  join  &c. 
Att.  M.  Post  Clk  " — which  were  severally  read,  with  the  orders  of  the 
house,  &  it  was  Resolved,  To  concur  with  the  house  in  the  said  Refer- 
ence. 

An  act  appointing  a  Committee  to  receive  Proposals  for  building  a 
States  Prison,  and  also  for  viewing  such  places  as  they  shall  think  proper 
for  that  purpose,  referred  from  the  last  Session  of  the  Legislature,  was 
received  from  the  house  with  this  order  thereon — ''  In  General  Assem- 
bly Oct'  12«^'  1805— Read  and  Referred  to  Mess'-  Aiken,  E.  Fitch,  Tut- 
hill,  Noble,  Sanford,  Wheatley,  Brownson.  Goodwillie,  Hubbard,  T.  H. 
Parker,  and  Hibbnrd,  to  join  Committee  from  Council,  to  take  into  con- 
sideration all  proposals  &c.  on  the  subject,  and  devise  ways  and  nieans 
to  carry  the  object  proposed  into  eftect.  Att.  Martin  Post  Clk  " — which 
Bill  and  the  order  of  the  house  thereon  being  read,  it  was  Resolved, 
That  Gov.  Brighani  and  M'  Galusha  join  the  Committee  appointed  by 
the  House  on  the  s**  Bill,  and  for  the  purpose  expressed  in  the  order  of 
the  house. 

Adjourned  to  9  O'clock  Monday  Morning. 


Danville,  Monday,  October  14*^.  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Petitions  of  Samuel  Spring  and  Russell  Underwood,  praying  for 
remission  of  fines  imposed  upon  them  by  the  Supreme  Court,  for  utter- 
ing and  passing  Counterfeit  Bank  Bills,  at  the  September  Term  of  said 


62  Governor  and  Council — October  1806. 

Court  holden  at  Chelsea  withiu  and  for  the  County  of  Orange,  were 
read,  and  it  was  Ordered,  That  the  said  Petitioners  be  heard  b}'  the  Gov- 
ernt)r  &  Council  tomorrow  morning,  at  10  O'clock,  and  that  the  Sheriff 
inform  their  Counsel  and  the  State's  Attorney  of  Orange  County  of  this 
order  of  Council. 

Five  Petitions  for  Turnpike  Roads  in  various  parts  of  the  State,  one 
from  Samuel  Cahoon  and  others,  one  from  James  Whitelaw  and  others, 
one  from  Apollos  Smith  and  others,  one  from  Elijah  Dewey  and  others, 
and  one  from  the  Weathersfieid  Turnpike  Company  were  received  from 
the  House  with  this  order  on  each — '*  In  General  Assembly  Ocf  12, 
1805 — Read  &  Referred  to  the  Turnpike  Committee  to  join.  Att.  M. 
Post  Clk  '' — which  were  severally  read,  with  the  orders  of  the  house 
thereon,  &  it  was  Resolved,  To  concur  with  the  house  in  the  said  Ref- 
erence. 

Three  Petitions,  for  acts  of  Insolvency  or  Suspension,  one  from  John 
H.  Palmer,  one  from  David  Robbins,  and  «me  from  Ozi  Baker,  were  also 
received  from  the  house  with  this  order  on  each — ''  In  General  Assem- 
bly Oct'-  12,  1805— Read  &  Referred  to  the  Com*  of  Insolvency  arid  Sus- 
pension to  join  &c.  Att.  M.  P<»8t  Clk  " — which  were  severally  read, 
with  the  orders  of  the  house  thereon,  &  it  was  Resolved,  To  concur  with 
the  house  in  the  said  Reference. 

The  Petition  of  Prince  B.  Hall,  praying  for  an  act  of  Insolvency,  was 
received  from  the  house  with  this  order  thereon — ''  In  General  Assem- 
bly Oct'- 12^'  1805— Read  and  Referred  to  the  Committee  of  Insolvency 
and  Suspension  to  join  &c.  Att.  Martin  Post  Clk''— which  was  read, 
and  it  was  Resolved,  That  M'  Chittenden  join  the  said  Committee  on 
this  Petition  in  the  room  of  M'  While,  the  standing  Member,  who.  at 
his  request,  was  excused. 

A  Petition  from  Jos.  Boyden,  First  Constable  of  Guilford,  A  Petition 
from  the  Selectmen  of  Waitsfield,  and  a  Petition  from  Alpheus  Hall, 
were  received  from  the  house  with  this  order  on  each — "  In  General 
Assembly  Ocf-  11^^-  1805— Read  &  Referred  to  the  Committee  on  State 
Taxes  to  join  &c.  Att.  M.  Post  Clk'' — which  were  severally  read,  and 
the  orders  of  the  house  thereon,  &  it  was  Resolved,  To  concur  with  the 
house  in  the  said  reference. 

A  Petition  from  the  Town  of  Faystown,  praying  for  a  Land  Tax,  was 
received  from  the  house  with  this  order  thereon — '*  In  General  Assem- 
bly Oct'-  12»»''  1805— Read  and  Referred  to  the  First  Land  Tax  Com- 
mittee to  join  &c.  Att.  M.  Post  Clk." — in  which  Reference  the 
Council  concurred. 

The  Petition  of  Richard  Sawyer  and  others,  praying  for  an  act  to  aid 
tlie  publication  of  a  Land  Tax  in  Corinth,  was  received  from  the  house 
with  this  order  thereon — '*  In  General  Assembly  Oct'  12,  1805 — Read 
and  Referred  to  the  Second  Land  Tax  Committee  to  join  «&c.  Att.  M. 
Post  Clk.'' — in  which  reference  the  Council  concurred. 

The  Petition  of  Jared  Blood  and  others,  of  the  Society  of  Methodists, 
was  received  from  the  house  with  this  order  on  it — '•  In  General  Assem- 
bly Oct'-  12,  1805— Read  &  Referred  to  Mes-  Rich,  Knight  &  J.  Dyer 
to  join  Committee  from  Council.  Attest  Martin  Post  (jlk.*' — which 
Petition  and  the  order  of  the  house  thereon  being  read,  it  was  Resolved, 
That  M'-  Niles  join  the  above  Committee  appointed  by  the  House. 

A  Petition  from  the  Selectmen  of  Charlotte  was  received  from  the 
house  with  this  order  of  the  house  thereon — ''In  General  Assembly 
Oct'-  12,  1805— Read  &  Referred  to  Mes-  T.  Hammond,  Cutler  & 
Leffingwell  to  join  Committee  from  Council.  Attest  Martin  Post 
Clerk" — which  was  read,  with  the  order  of  the  house,  and  it  was  Re- 
solved, That  M'-  Loomis  join  the  s**  Committee  appointed  by  the  house. 


Governor  and  Council — October  1805.  63 

The  Petition  of  Aaron  Henry  and  Heman  Henry,  praying  to  be  re- 
leased from  the  payment  of  a  Note  given  to  the  Treasurer  or  the  State, 
was  received  from  the  house  with  this  order  of  the  house  thereon — "In 
General  Assembly  Oc*  12, 1805 — Read  &  Referred  to  the  Committee  on 
the  Petition  of  Josiah  Patterson  to  join  &c.  Att.  M.  Post  Clk." — in 
which  reference,  after  reading  the  s**  Petition,  the  Council  concurred. 

An  act  for  arming  the  Exempts  of  the  Militia,  and  an  act  in  addition 
to  an  act  Entitled  an  act  for  regulating  and  governing  the  Militia,  both 
referred  fiom  the  last  ^Session  of  the  Legislature,  and  the  Petition  of 
Amos  Kellogg,  were  received  from  the  house  with  this  order  thereon — 
'"In  General  Assembly  Ocf- 12,  1805 — Called  up  and  Referred  to  Mess*- 
W.  Chamberlin,Reed,  McLaughlin,  Rich  &  J.  Rising,  to  join  Committee 
from  Council  and  take  into  consideration  all  matters  and  Laws  relating 
to  the  Militia.  Att.  M.  Post  Clk.'' — which  were  severally  read  and 
considered,  and  it  was  Resolved,  That  Gov^-  Brigham  join  the  above 
CoHomittce  appointed  by  the  house  on  the  said  Bills  and  Petition. 

A  Petition  from  the  inhabitants  of  Orwell,  and  one  from  the  Inhabi- 
tants of  Cnncord,  were  received  from  the  house  with  this  order  on  each 
— "In  General  Assembly  Oct*^- 12,  1805 — Read  and  Referred  to  Mes*-  A. 
Chamberlin,  S.  Porter,  Meach.  C.  Carpenter  and  J.  Fitch  to  join  Com- 
mittee from  Council.  Att.  Martin  Post  Clk"— which  were  read,  with 
the  orders  of  the  house  thereon,  &  it  was  Resolved,  That  M""-  Wright 
join  the  s**  Committee  appointed  by  the  house. 

The  Petition  of  Richard  Mott,  for  the  Privilege  of  a  Ferry  from  Milton 
to  Southhero,  and  one  from  Ira  Fox  for  the  same  purpose,  were  received 
from  the  hou.se  with  this  order  on  the  same — "In  General  Assembly, 
Oct'  12. 1805— Read  &  Referred  to  Mess'  S.  Strong,  Pond  &  Hill,  to  join 
Committee  from  Council.  Att.  M.  Post  Clk" — which  were  severally 
read,  with  the  orders  of  the  h  >use  thereon,  and  it  was  Resolved,  That 
M'-  White  join  the  Committee  Appointed  bv  the  house  on  the  s**  Petitions. 

Adjourned  to  2  O'clk  P.  M. 

2  O'CLOCK  p.  M. — The  Petition  of  Thomas  Proctor  for  a  Lottery, 
and  a  Petition  from  the  Heirs  of  Amos  Mansfield  for  the  revival  of  a 
Lottery,  were  received  from  the  house  with  this  order  on  each — "In 
General  Assembly  Oct*^- 12.  1805— Read  &  Referred  to  Mess"-  Galusha, 
J.  Smith,  and  E.  Jones  to  join  Committee  from  Council.  Att.  M.  Post 
Clk" — which  Petitions  and  the  orders  of  the  house  thereon  being  read, 
it  was  Resolved,  That  M""  Spooner  join  the  Committee  appointed  by  the 
house  on  the  said  Petitions. 

The  Petition  of  the  Windham  County  Grammar  School  for  a  grant  of 
the  Glebe  Lands  in  said  County,  and  a  Petition  from  the  Inhabitants  of 
Tinmouth  relative  to  the  Glebe'  Lands  in  said  Town,  were  received  from 
the  house  with  this  order  on  each — "  In  General  Assembly  Oct'-  14, 
1805 — Read  and  Referred  to  the  Committee  on  Glebe  Lands.  Att.  M. 
Post  Clk  '' — which  being  read,  it  was  Resolved,  To  concur  with  the 
house  in  the  said  reference. 

The  Petition  of  Heman  A.  Fay  and  others,  on  the  subject  of  Pedlars, 
was  received  from  the  house  with  this  order  thereon — "In  General  As- 
sembly Oct^  14,  1805 — Read  &  Referred  to  Mess"  Painter,  Hazletine  & 
Perkins,  to  join  Committee  from  Council.  Att.  M.  Post  Clk  " — which 
Petition  and  order  of  the  house  thereon  being  read,  it  was  Resolved. 
That  M'-  Fletcher  join  the  Committee  appointed  by  the  house  on  the 
8aid  Petition. 

The  Petition  of  several  otficers  in  the  Second  Brigade  &  Second  Di- 
vision of  the  Militia  of  this  State  was  received  from  the  house  with  this 
order  thereon — "  In  General  Assembly  Oct.  14,  1805 — Referred  to  the 


64  Governor  and  Council — October  1805. 

Militb.  Committee  to  join  &c.  Att.  M.  Post  Clk  " — in  which  reference 
the  Council  concurred. 

Six  Petitions  relative  to  Turnpike  Roads,  viz.  one  from  Leonard  Fare- 
well and  Stephen  Fisk,  one  from  the  Town  of  Montpelier,  one  from  a 
number  of  the  Inhabitants  of  Danby,  Wallingford,  and  M*-  Tabor,  one 
from  Benjamin  Doming  and  others,  one  from  William  Slade,  and  one 
from  the  Inhabitants  of  part  of  the  Towns  of  Royalton,  Bethel  and  Ran- 
dolph, were  received  from  the  house  with  this  order  on  each — "  In 
General  Assembly  Oct'- 14,  1805— Read  &  Referred  to  the  First  Turn- 
pike Committee  to  join  &c.  Att.  M.  Post  Clk  " — in  which  reference 
the  Council  concurred. 

Adjourned  to  9  O'clock  tomorrow  morning. 


Tuesday,  15*»»  October  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following?  resolution  was  received  from  the  house — "Whereas,  an 
act  passed  this  house,  at  their  last  Session,  directing  the  State  Treasurer 
to  make  a  Settlement  with  the  several  State's  Attornies,  and  whereas 
said  act  proves  insufficient  to  make  a  tinal  settlement  with  said  State's 
Attornies,  Therefore,  Resolved^  That  a  Committee  of  three  be  appointed 
to  join  such  Committee  as  the  Governor  and  Council  may  appoint,  to 
enquire  into  the  several  Laws  respecting  Slate's  Attornies  and  the  mode 
of  settling  their  accounts,  and  report  to  this  house  by  Bill  or  otherwise. 
In  General  Assembly  Oct*^-  14,  1805 — Read,  adopted,  &  Mess'*  J.  Bay  ley, 
Whitney  and  Strong  appointed  a  Committee  on  the  part  of  the  House. 
Att.  Martin  Post  Clk  " — which  Resolution  was  read,  concurred  and  M'- 
Galusha  appointed  the  Committee  from  Council  to  join  the  said  Com- 
mittee from  the  house. 

Nine  Petitions  for  Turnpike  Roads,  viz.  one  from  the  Town  of  Mil- 
ton, one  from  the  Town  of  Burlington,  one  from  Gam*-  Painter,  one 
from  the  Freemen  of  Vergcnnes,  one  from  Levi  Walker  and  others,  one 
for  a  Turnpike  from  Manchester  to  Chester,  one  from  the  Freemen  of 
Fferrisburgh,  one  from  the  Inhabitants  of  Williston,  and  one  from  James 
Southgate  and  others  were  received  from  the  house  with  this  order  on 
each — "  In  General  Assembly  Ocf^  14,  1805 — Read  &  Referred  to  the 
Turnpike  Committee  to  join  &c.  Att.  M.  Post  Clk  " — in  which  refer- 
ence the  Council  concurred. 

A  Petition  for  a  Land  Tax  on  Lemington  was  received  from  the  house 
with  the  following  order  on  the  same — "  In  General  Assembly  Ocf- 14**'' 
1805 — Read  and  Referred  to  the  First  Land-Tax  Committee  to  join  &c 
Att.  M.  Post  Clk  " — in  which  reference  the  Council  concurred. 

The  following  Petitions  for  Land  Taxes  were  received  from  the 
house,  one  trom  the  Town  of  Westford,  one  from  the  Town  of  Johnson, 
one  from  the  Town  of  Ferrisburgh,  and  one  from  the  Town  of  Wood- 
ford, with  this  order  on  each— -'In  General  Assembly  Oct'  H****  1805 — 
Read  &  Referred  to  the  Second  Land  Tax  Committee  to  join  &c  Att. 
M.  Post  Clk." — in  which  reference  the  Governor  &  Council  concurred. 

Six  Petitions  for  Land  Taxes,  viz.  one  from  the  Proprietors  and 
Landowners  of  Parkerstown  [Mendon,]  one  from  Enosburgh  Gore,  one 
from  the  Town  of  Coventry,  one  from  the  Selectmen  of  Chittenden,  one 
for  a  Land  Tax  on  the  Towns  of  Newark,  Easthaven  and  Granby,  and 
one  from  the  Town  of  Starksboro'  were  received  from  the  house  with 
this  order  on  each — *'  In  General  Assembly  Oct*^- 14, 1805 — Read  &  Re- 
ferred to  the  Third  Land  Tax  Committee  to  join  &c.  Att.  M.  Post 
Clk." — in  which  reference  the  Council  concurred. 


Governor  and  Council — October  1805.  65 

A  Petition  from  Jedediah  Hammond,  and  one  from  the  Inhabitants 
of  Kingston  [Granville]  were  received  from  the  house  with  this  order 
on  each — ''  In  General  Assembly  Ocf-  14*'^'  1805 — Read  «&  Referred  to 
the  Committee  on  State  Taxes  to  join  «&c.  Att.  M.  Post  ('Ik." — in 
which  reference  the  Council  concurred. 

The  Petition  of  Charles  Livermore  and  others  was  received  from  the 
house  with  this  order  on  it — "  In  General  Assembly  Oct'-  14,  1805 — 
Read  &  Referred  to  the  Militia  Committee  to  join  &c.  Att.  M.  Post 
Clk." — which  was  read  with  the  order  of  the  house  thereon  &  it  was  Re- 
solved, To  concur  in  the  said  Reference. 

The  Petition  of  the  Selectmen  of  Lunenburgh  was  received  from  the 
house  with  this  order  thereon — *'ln  General  Assembly  Oct"^  14, 1805 — 
Read  &  Referred  to  the  Committee  on  the  Petition  of  the  Selectmen  of 
Charlotte  to  join  «fcc.  Att.  M.  Post  Clk." — which  Petition  and  the 
order  of  the  llouse  thereon  being  read,  it  was  Resolved,  To  concur  with 
the  house  in  the  reference  of  the  same. 

The  Petition  of  the  Selectmen  of  Londonderry  was  received  from  the 
house  with  the  following  order  thereon — "  In  General  Assemblv  Oct'- 
14,  1805 — Read  and  Referred  to  Mess"  Knight,  Sheldon  and  Luce,  to 
join  Committee  from  Council.  Attest  Martin  Post  Clk." — which  be- 
ing read  with  the  order  of  the  house  thereon,  it  was  Resolved,  That  M'- 
Keves  join  the  Committee  from  the  House  on  the  aforesaid  Petition. 

'fho  Petition  of  the  Rutland  and  Stockbridge  Turnpike  Company  was 
n»ceived  from  the  house  with  this  order  on  it,  "  In  General  Assembly 
Oct'- 14«»»- 1805— Read  and  Referred  to  Mes«  Gilbert,  Crafts  and  Ide,  to 
join  Committee  from  Council  and  to  be  denominated  the  Second  Turn- 
pike Committee.  Att.  M.  Post  Clk." — which  was  read,  and  it  was  Re- 
solve<l.  That  M*"-  Niles  join  the  aforesaid  Committee  from  the  house. 

Adjourned  to  2  O'clock  P.  M. 

2  O'  CLOCK  P.  M.— The  Petition  of  John  Innes  Clark  and  others, 
praying  for  liberty  to  sell  certain  Lands,  the  property  of  the  late  copart- 
nership of  Clark  and  Nightingale,  was  received  from  the  house  with 
this  order  thereon — '•  In  General  Assembly  Ocf  15,  1S05 — Read  and 
Referred,  with  the  act  accompanying  the  same,  to  Mess*  [Nathaniel] 
Chipman,  Chase  &  Cahoon  to  join  Committee  from  Council.  Attest 
Martin  Post  Clk  "'— jwhich  were  read,  and  it  was  Resolved,  That  M*^-  Ga- 
lushajoin  the  Committee  appointed  by  the  house  on  the  said  Petition 
and  Bill  accompanying. 

The  following  Resolution  was  received  from  the  house — "  In  General 
Assembly  Oct'-  12,  1805 — Resolved  that  a  Committee  of  three  be  ap- 
pointed to  take  into  consideration  the  act  directing  the  mode  of  the 
Election  of  Governor,  I>  Governor,  Treasurer  of  the  State,  Councillors 
and  Representatives,  and  report  such  amendments,  if  any,  as  they  shall 
think  expedient.  Read  and  Referred  to  Mess'  Child,  Knight  &  Cowee. 
Oct.  15,  1805 — Committee  directed  to  join  Committee  from  Council. 
Attest  M.  Post  Clk'' — which  Resolution  was  read,  &  it  was  Resolved, 
That  M*^  Fletcher  join  the  Committee  appointed  by  the  house  on  the 
said  Resolution. 

A  Petition  from  the  Selectmen  of  Windham  was  received  from  the 
house  with  the  following  order  on  the  same — *'In  General  AssemblyOct'- 
15,1805 — Read  &  Referred  to  the  [committee  on  the]  Petition  of  the 
Selectmen  of  Londonderry  to  join  &c.  Att.  M.  Post  Clk  '■ — which  was 
read  and  it  was  Resolved,  To  concur  with  the  House  in  the  said  Refer- 
ence. 

The  Petition  of  Matthew  Cole,  praying  for  an  act  of  suspension,  was 
received  from  the  house  with  this  order  thereon — ''  In  General  Assem- 


66  Oovernnr  and  Council — October  1805. 

bly  Oct'  15, 1805 — Read  and  Rfeferred  to  the  Committee  on  Insolvency 
&c.  to  join  &c.  Att.  M.  Post  Clk" — which  was  read,  and  it  was  Re- 
solved, To  concur  with  the  house  in  the  said  Reference. 

A  Petition  tor  a  Land  Tax  on  Goshen  was  received  from  the  house 
with  this  ordf^r  thereon — ''  In  General  Assembly  Oct'-  15***'  1805 — Read 
&  Referred  lo  the  First  Land  Tax  Committee  to  join  &c.  Attest  Mar- 
tin Post  Clk  " — in  which  reference  the  Council  concurred. 

Three  Petitions  for  Land  Taxes,  one  from  the  Town  of  Sherburne, 
one  from  Concord,  and  one  from  tlie  Inhabitants  of  Ryegate,  were  re- 
ceived from  the  house  with  this  order  on  each — '*  In  General  Assembly 
Oct'- 15,  1805 — Read  &  Referred  to  the  Second  Land  Tax  Committee  to 
join  «fcc.  Att.  M.  Post  Clerk  " — in  which  reference  the  Council  con- 
curred. 

A  Petition  for  a  Land  Tax  on  Glover  was  received  from  the  house 
with  the  following  order  minuted  thereon  "In  General  Assembly  Oct'- 
15, 1805— Read  and  Referred  to  the  Third  Land  Tax  Committee  to  join 
&c.     Att.  M.  Post  Clk" — in  which  reference  the  Council  concurred. 

The  Petition  of  William  Buckminster  against  John  Willard,  for  a 
new  trial,  and  one  from  a  number  of  the  Inhabitants  of  Hartland,  were 
received  from  the  House  with  this  order  on  each — '*In  General  Assembly 
Oct'  15, 1805— Read  and  Referred  to  the  Committee  on  New  Trials  to 
join  &c.  Attest  M.  Post  Clk" — which  were  severally  read,  and  it  was 
Resolved.  To  concur  with  the  house  in  their  reference  of  the  same. 

The  Petition  of  Daniel  Staniford  and  others,  respecting  a  State's 
Prison,  was  received  from  the  house  with  the  following  order  thereon, 
"In  General  Assembly  Oct'  15, 1805 — Read  &  Referred  to  the  Committee 
on  the  Stale's  Prison  business  to  join  &c.  Attest  Martin  Post  Clk'' — 
which  was  read  and  it  was  Resolved,  To  concur  with  the  house  in  their 
reference  thereof. 

The  Petition  of  Roger  A.  Ileirn,  praying  for  the  Privilege  of  keeping 
a  Ferry  across  Lake  Champlain,  was  rece*^  from  the  house  with  this  order 
thereon,  "In  General  Assembly  Oct'-  14,  1805 — Read  and  Referred  to 
the  Committee  on  the  Petition  of  Richard  Mott  to  join.  Attest  M. 
Post  Clk" — which  was  read  and  the  said  reference  concurred  in. 

The  Petition  of  Charles  Chatiee  was  received  from  the  house  with  this 
order  thereon,  "In  General  Assembly  Oct'-  15,  1805— Read  &  Referred 
to  Mess*-  S.  Collins,  Kidder  and  A.  Beach  to  join  Committee  from  Coun- 
cil. Attest  M.  Post  Clk" — which  was  read,  and  it  was  Resolved,  That 
M'-  Shepardson  join  the  Committee  appointed  by  the  House  on  the  said 
Petition. 

An  act  in  addition  to  and  in  alteration  of  an  act  ascertaining  the 
Principles  on  which  the  list  of  this  State  shall  be  made,  and  directing 
the  Listers  in  their  office  &  duty,  referred  from  the  last  Session  of  the 
Legislature,  was  received  from  the  house  with  this  new  order  thereon — 
'*In  General  Assembly  Oct'-  15,  1805 — Read  and  Referred  to  Mess"- 
Rich,  D.  Dyer  and  A.  Perry,  to  join  Committee  from  Council.  Attest 
M.  Post  Clk" — which  was  read,  and  it  was  Resolved,  That  M'-  Keyes 
join  the  Committee  appointed  by  the  house  on  the  same. 

An  Act  appointing  a  Committee  to  ascertain  the  most  convenient 
place  for  a  permanent  Seat  of  the  Legislature,  referred  from  the  last 
Session  of  tlie  Legislature,  was  receivecl  from  the  house  with  this  new 
order  thereon,  *'In  General  Assembly  Oct'-  15,1805 — Read  and  referred 
to  Mess*-  Graves.  Whitney,  Enos,  Saxton,  Buckingham,  Perkins,  W™ 
Chamberlin,  White,  Crafts  and  II.  French  to  join  Committee  from 
Council.  Att.  M.  Post  Clk" — which  was  read  and  it  was  liesnlved. 
That  Mess*-  White  and  Niles  join  the  Committee  appointed  by  the 
house  on  the  said  Bill. 


Governor  and  Council — October  1805.  67 

• 

The  Petition  of  John  Taplin  was  sent  from  the  house  with  this  order 
thereon,  ''  In  General  Assembly  Oct'- 15,  1805— Read  and  Referred  to 
Mess*-  Tenney,  Kibbe  &  D.  Smith  to  join  Committee  from  Council. 
Attest  M.  Post  Clk" — which  was  read  with  the  order  of  the  house 
thereon,  and  it  was  Resolved,  That  M'-  Wheelock  join  in  the  above 
Committee  from  the  house. 

An  act  incorporating  an  Academy  at  Rutland  in  the  County  of  Rut- 
land and  State  of  Vermout,  referred  from  tlie  hist  Session  of  the  Legis- 
lature, and  a  Petition  from  the  Proprietors  of  Randolph  Academy,  were 
received  in  Council  with  this  new  order  of  the  house  on  each — "  In 
General  Assembly  Ocl'^- 15,  1805— Read  and  Referred  to  the  Committee 
on  the  Petition  of  the  Inhabilants  of  Castleton  to  join  &c.  Att.  Martin 
Post  Clk."  — which  was  read  and  it  was  Resolved,  To  concur  with  the 
house  in  the  said  reference. 


In  Council  at  Danville,  October  15***'  1805. 

Present,  His  Honor  Paul  Brigham  L*-  Governor,  of  the  Council  The 
Honorable  Jonas  Galusha,  Beriah  Loomis,  Noah  Chittenden,  James 
Witherell,  JEliakim  Spooner,  Asaph  Fletcher,  Samuel  Sbepardson,  Eb- 
enezer  Wheelock,  John  White,  Nathaniel  Nilos,  Elias  Keyes  and  Jo- 
siah  Wright  Esquires.     William  Page  Ju'-  Secretary. 

The  Petition  ef  Samuel  Spring,  praying  to  be  released  and  discharged 
from  the  payment  of  a  fine  of  four  hundred  Dollars  and  Costs  of  prose- 
cution amounting  to  Seventy  Dollars,  imposed  upon  him  by  the  Hon*- 
Supreme  Court  of  Judicature  at  the  Term  of  sjiid  Court  holden  at  Chel- 
sea, within  and  for  the  County  of  Orange,  on  the  first  Tuesday  of  Sep- 
tember now  last  past,  for  uttering  and  passing  counterfeit  Bank  Bilfc, 
was  read,  and  after  a  full  hearing  on  the  Part  of  the  Petitioner,  by 
Counsel,  and  on  the  part  of  Dudley  Chase  Esq'  State's  Attorney  for 
said  Orange  County,  it  was  Ordered  and  Adjudged,  unanimously,  that 
the  Praver  of  the  said  Petition  be  not  granted. 

The  Petition  of  Russell  Underwood,  stating  that  he  was  convicted 
before  the  hon*-  Supreme  Court  of  Judicature  at  the  Term  of  said  Court 
holden  at  Chelsea,  within  and  for  the  County  of  Orange,  on  the  first 
Tuesday  of  September  now  last  past,  of  uttering  and  passing  counter- 
feit Bank  Bills,  and  was  sentenced,  among  other  things,  by  said  Court, 
to  pay  a  fine  to  the  Treasury  of  this  State  of  one  hundred  Dollars,  and 
Costs  of  Prosecution,  and  prayino^  to  be  released  from  the  payment  of 
the  same,  was  read  and  after  a  full  hearing  on  the  part  of  the  Petitioner, 
by  bis  Counsel,  and  on  the  part  of  Dudley  Chase  Esquire,  State's  Attor- 
uey  of  said  Orange  County,  it  was,  unanimously,  Ordered  and  Adjudged, 
That  the  Prayer  of  said  Petition  be  not  granted.  § 

Attest  William  Page  Ju'  SecM- 

A  Petition  from  the  Town  of  S*-  Albans,  praying  for  the  Grant  of  a 
Turnpike  Road,  was  received  from  the  house  with  this  order  thereon, 
"In  General  Assembly  Oct'-  16,  1805— Read  &  Referred  to  the  Turn- 
pike Committee  to  join.  Att.  M.  Post  Clk." — in  which  reference  the 
Council  concurred. 

A  Petition  for  a  Land  Tax  on  Wenlock  and  Brunswick  was  received 
from  the  house  with  the  following  order  thereon — "  In  General  Assem- 
bly Oct'- 16'*»»  1805— Read  and  Referred  to  the  first  Land  Tax  Committee 
to  join  Ac.  Att.  M.  Post  Clk." — in  which  reference  the  Council  con- 
curred. 

A  Petition  for  a  Land  Tax  on  Plymouth  was  received  from  the  house 
with  this  order  thereon — "  In  General  Assembly  Oct'- 16, 18o6— Read  & 


68  Q-ovemor  and  Council — October  1805. 

• 

Referred  to  the  Second  Land  Tax  Committee  to  join  «&c.  Attest  Mar- 
tin Post  Clk." — in  which  reference  the  Council  concurred. 

A  Petition  from  the  Inhabitants  of  Marshfield  was  received  from  the 
house  with  this  order  thereon — "In  General  Assembly  Ocf^- 15, 1805  — 
Read  &  Referred  to  Mess*-  Chipman,  Morris  and  Knight  to  join  Com- 
mittee from  Council.  Att.  M.  Post  Clerk"— which  Petition  and  order 
being  read,  it  was  Resolved,  That  M'-  Loomis  join  the  aforesaid  Com- 
mittee from  the  house. 

Adjourned  to  9  O'clock  tomorrow  morning. 


Wednesday,  October  16*»»'  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Pursuant  to  the  joint  Resolution  of  both  houses,  the  Governor  and 
Council  proceeded  to  the  Representatives'  Room  to  meet  the  House  of 
Representatives  in  joint  Committee  for  the  purpose  of  receiving  the 
Nominations  of  the  several  County  Conventions  and  appointing  the 
Civil  Officers  in  the  respective  Counties,  and  after  making  progress  in 
said  business,  the  joint  Committee  was  adjourned  until  Saturday  morn- 
ing next  at  ten  o'clock  to  meet  in  the  Representatives'  Room.  The 
Council  then  returned  to  their  Chamber  and  adjourned  lo  2  O'clock  P.  M. 

2  O'clock  P.  M.— The  Petition  of  Jonathan  Danforth  and  Seth  Ford 
was  received  from  the  house  with  this  order  thereon — "In  General 
Assembly  Oct'- 16, 1805— Read  and  Referred  to  the  Committee  on  the 
Petition  of  Thomas  Procter  to  join  &c.  Att.  M.  Post  Clk" — which  was 
read,  and  it  was  Resolved,  To  concur  with  the  house  in  the  said  Reference. 

The  Petition  of  Jonathan  Holton  was  sent  from  the  house  with  this 
order  on  it — *'In  General  Assembly  Ocf^  16, 1805 — Read  &  Referred  to 
Mess*  Chipman,  C.  Smith  &  S.  Porter  to  join  Committee  from  Council. 
Attest  Martin  Post  Clk" — which  Petition  and  order  of  the  house  being 
read,  it  was  Resolved,  That  M'  Wright  join  the  said  Committee  from 
the  house. 

The  Petition  of  Sylvanus  Bri^ham,  praying  for  an  act  of  Insolvency, 
was  sent  from  the  house  with  this  order  thereon — "In  General  Assembly 
Oct'- 16,  1805 — Read  &  Referred  to  the  Committee  of  Insolvency  &c.  to 
join  &c.  Att.  M.  Post  Clk" — which  was  read  and  the  said  reference 
concurred  in. 

The  Petition  of  James  Tracy  and  others.  Two  Petitions  from  the 
Inhabitants  of  Fairfield  and  one  from  the  Inhabitants  of  Sheldon  were 
received  from  ihe  house  with  this  order  on  each— "In  General  Assembly 
Oct'-  16,  1805— Read  and  Referred  to  Mess.  Chipman,  Painter  and  Pom- 
ero}'  to  join  ibc.  Att.  M.  Post  Clk" — which  Petitions  and  orders  thereon 
being  read,  it  was  Resolved,  That  M'  Chittenden  join  the  aforesaid 
Committee  from  the  house. 

The  Petition  of  Abel  Jackman  and  others,  praying  for  the  repeal  of  the 
law  establishing  the  jurisdictional  line  between  the  Towns  of.  Vershire 
and  Corinth  was  received  from  the  house  with  this  order  thereon — "In 
General  Assembly  Oct'- 16,  1805 — Read  &  Referred  to  Mess*  Gardner, 
Dennison,  Pearl,  Arnold  and  Clap  to  join  Committee  from  Council. 
Att.  M.  Post  Clk" — which  Petition  and  order  being  read,  it  was  Re- 
solved, That  Mess*-  Spooner  &  While  join  the  Committee  appointed  by 
the  house  thereon. 

The  Petition  of  Ebenezer  Weld  and  John  Weld  for  an  act  of  Suspen- 
sion, was  received  from  the  house  with  this  order  thereon — "In  General 
Assembly  Oct'- 16,  1805 — Read  and  Referred  to  the  Committee  of  Insol- 


Governor  and  Council — October  1805.  69 

• 

vency,  &c.  to  join  &c.    Attest  M.  Post  Clk'* — which  was  read  and  it  was 
Resolved  to  concur  with  the  house  in  the  aforesaid  reference. 

A  Petition  for  a  Land  Tax  on  Hopkinville  [Kirby,]  and  one  for  a 
Land  Tax  on  the  Towns  of  Fairfax,  Cambridge,  Johnson,  Hydepark, 
Wolcott,  Hardwick,  .Walden  and  Danville  were  received  from  the  house 
with  the  following  order  on  each — "In  General  Ass'jmbly  Ocf^- 16, 1805 — 
Read  and  Referred  to  the  First  Land  Tax  Committee  to  join  &c.  Att. 
M.  Post  Clk" — which  Petitions  and  orders  thereon  being  read,  it  was 
Resolved,  To  concur  with  the  house  in  their  reference  of  the  same. 

A  Petition  from  Concord  tor  a  Bank  was  received  from  the  house 
with  this  order  on  it — "In  General  Assembly  Oct'- 16, 1805— Read  and 
Referred  to  the  Committee  on  Banks  to  join  &c.  Att.  M.  Post  Clk" — 
which  was  read  and  it  was  Resolved,  To  concur  with  the  reference  as 
by  them  made. 

The  Petition  of  Joseph  Jacobs  for  a  new  Trial,  and  a  Petition  for  a 
•  new  trial  in  the  action  of  John  Mann  Ju*^-  against  Josiah  Rogers,  were 
received  from  the  house  with  this  order  on  each — "  In  General  Assem- 
bly Oct'-  16,  1805 — Read  and  Referred  to  the  Committee  on  new  Trials 
to  join  &c.  Att.  M.  Post  Clk." — which  were  severally  read,  and  it  was 
Resolved.  To  concur  with  the  house  in  their  reference  of  the  same. 

The  following  Petitions  for  Turnpike  Roads,  one  from  Lewis  R.  Mor- 
ris and  his  associates,  and  two  for  a  Turnpike  Road  from  Wells  River 
to  St.  Johnsbury  were  received  from  the  house  with  this  order  on  each 
—"In  General  Assembly  Oct'-  16, 1805-— Read  &  Referred  to  the  First 
Turnpike  Committee  to  join  «fcc.  Att.  M.  Post  Clk." — in  which  refer- 
ence the  Council  concurred. 

The  Petition  of  the  Proprietors  of  Berkshire  was  received  from  the 
house  with  this  order  thereon — "  In  General  Assembly  Oct'-  16, 1805 — 
Read  &,  Referred  to  Mess*  House,  Sergeant  &  Crossman  to  join  Com- 
mittee from  Council.  Att.  M.  Post  Clk." — which  Petition  and  order 
thereon  being  read,  it  was  Resolved,  ThatM'-  Keyes  join  the  Committee 
from  the  house  thereon. 

An  act  Establishing  a  [State]  Bank  was  received  from  the  house  with 
this  order  on  it — "  In  General  Assembly  Oct'- 16, 1805 — Bro*-  in  on  leave 
b^r  M'-  [Elihu]  Luce,  read  and  referred  to  the  Committee  on  Banks  to 
join.  Attest  Martin  Post  Clk."  —in  which  reference  the  Council  con- 
curred. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Thursday  October  17^'  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Petition  of  Nathaniel  P.  Sawyer  and  others,  praying  that  the 
Governor  and  Council  would  issue  a  Charter  for  the  Township  of  Ster- 
ling, which  the  Petitioners  state  has  never  been  done,  was  read,  and  it 
was  referred  to  M'-  Witherell  to  make  enquiries  at  the  Treasurer's 
office  whether  the  Granting  Fees  have  ever  been  paid  by  the  Grantees 
of  said  Township. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  following  Resolution  was  received  from  the 
house — **  In  General  Assembly  Oct'-  17,  1805--Re8()lved,  the  Governor 
and  Council  concurring  herein,  that  the  Members  of  both  houses  con- 
vene in  the  Representatives'  Room,  at  the  opening  of  the  house  in  the 
morning,  on  Friday  next,  for  the  purpose  of  Electin;j  the  Judges  of  the 
Supreme  Court  for  the  year  ensuing.    Read,  adopted  and  ordered  to  be 


70  Governor  and  Council — October  1805. 

sent  to  the  Governor  &  Council  for  their  Concurrence.    Att     M.  Post 
Clk."— which  was  read  and  concurred. 

The  following  Resolution  was  also  received  from  the  House — ''Re- 
solved, that  a  Committee  of  Three  be  appointed  by  this  house  to  join 
Committee  from  Council,  to  take  into  consideration  the  laws  relating  to 
the  Prosecution  of  Person?^  accused  of  crimes  against  the  State,  to  see 
what  alterations  and  explanations  are  therein  necessary,  and  report  to 
this  house  by  bill  or  otherwise.  In  General  Assembly  Oct'- 17, 1805— 
Read,  adopted  &  Mess*-  Chipman,  Morris  &  W™-  Chamberlin  appointed 
a  Committee  on  the  part  of  this  house.  Att.  M.  Post  Clk." — which 
was  read,  concurred  and  M'-  Witherell  appointed  from  Council  to  join 
the  said  Committee  from  the  house. 

The  following  Resolution  was  received  from  the  house— ''In  General 
Assembly  Ocf  16'^'  1805— on  motion  of  M*"-  Rich  Resolved,  That  his 
Excellency  the  Governor,  by  and  with  the  advice  of  Council,  be  re- 
quested to  appoint  Thursday  the  fifth  day  of  December  next  to  be  ob-» 
served  as  a  day  of  Public  thanksgiving  and  Praise  throughout  this 
State.  Extract  from  the  Journals,  Att.  M.  Post  Clk." — which  was 
read  &  it  was  Resolved,  That  the  Council  advise  his  Excellency  the 
Governor  to  issue  his  Proclamation  for  the  purpose  mentioned  in  the  s* 
Resolution. 

A  Petition  for  a  Turnpike  Road  from  Newbury  thro'  Ryegate  and 
Part  of  Barnet,  A  Petition  for  one  through  Ryegate  woods,  one  for  a 
Turnpike  Road  leading  through  the  County  of  Orange,  and  a  Remon- 
strance from  the  Town  of  Guilford  against  the  Turnpike  Road  through 
Windham  County,  were  received  from  the  house  with  this  order  on 
each— ** In  General  Assembly  Oct^-  17,  1805— Read  &  Referred  to  the 
First  Turnpike  Committee  to  join  &c.  Att.  M.  Post  Clk."-  which 
were  severally  read  and  it  was  Resolved,  To  concur  with  the  house  in 
the  said  reference. 

The  following  Petitions  for  Land  Taxes,  one  from  the  Town  of  S*- 
Johnsbury,  and  one  from  the  Proprietors  and  Landowners  of  Barnet, 
were  received  from  the  hou-Tje  with  this  order  on  each — "In  General  As- 
sembly Oct'-  17,  1805— Read  &  Referred  to  the  First  Land  Tax  Com- 
mittee to  join  &c.  Attest  M.  Post  Clk." — in  which  reference  of  the 
hous:e  the  Council  concurred. 

A  Petition  for  a  Land  Tax  on  Newark  &  Easthaven  was  rec*-  from 
the  house  with  this  order  thereon — ''In  General  Assembl}'  Oct'-  17, 
1805— Read  and  referred  to  the  Third  Land  Tax  Committee  to  join  &c. 
Attest    M.  Post  Clk.''— in  which  reference  the  Council  concurred. 

The  Petition  of  the  Company  for  rendering  Connecticut  River  Navi- 
gable by  Bellows  Falls  was  received  from  the  house  with  this  order 
thereon— "In  General  Assemblv  Oct^- 17, 1805— Read  and  Referred  to 
Mes*  [Asa]  Lyon,  S.  Porter,  Knight,  Whitney  and  A.  Chamberlin  to 
join  Committee  from  Council.  Att.  M.  Post  Clk." — which  Petition 
and  order  thereon  being  read,  it  was  Resolved,  That  M'  Wright  join 
the  Committee  from  the  house  on  s*^  Petition. 

A  Petition  from  Sundry  Inhabitants  of  Peru  was  received  from  the 
house  with  this  order  on  it:  "In  General  Assembly  Oct'.  17,  1805 — Read 
and  referred  to  Mes"-  Owen,  Leach  and  Underbill  to  join  Committee 
from  Council.  Att.  M.  Post  Clk." — which  was  read  and  M'-  Wheelock 
appointed  a  Committee  on  the  part  of  the  Council. 

The  Petition  of  Frye  Bayley,  and  one  from  Benjamin  Bayley  first 
Constable  of  Groton,  were  received  from  the  house  with  this  order  on 
each:  "In  General  Assembly  Oct'- 17,  1805.  Read  and  referred  to  the 
Committee  on  State  Taxes  to  join  &c,  Att.  M.  Post  Clk  " — in  which 
reference  the  (council  concurrea. 


Governor  and  Council — October  1805.  71 

The  Petition  of  Stephen  Fisk,  and  one  from  Seth  Ford  and  others, 
were  received  from  the  house  with  this  order  on  each:  *'  In  General  As- 
sembly Oct'-  17,  1805.  Read  &  Referred  to  the  Committee  «u  the  JPeti- 
tion  of  the  Proprietors  of  Berkshire  to  join.  Att.  M.  Post  Clk  " — in 
which  reference  the  Council  concurred. 

The  Petition  of  Daniel  S.  Bartram  for  a  Xew  Trial,  and  one  from 
Ezekiel  K.  Bi^elow  against  Jonathan  Drewry,  were  received  from  the 
house  with  this  order  on  each:  **In  General  Assembly  Oct'  17,  1805. 
Read  and  Referred  to  the  Committee  on  new  trials  to  join  &c.  Attest 
Martin  Post  Clk  "—which  were  read  and  the  reference  of  the  house 
concurred  in. 

A  Petition  from  Isaac  Bundy  and  others  was  received  from  the  house 
with  this  order  thereon:  *'In  General  Assembly  Oct'-  17,  1805.  Read 
and  referred  to  the  Committee  on  the  Petition  of  the  Selectmen  of  Cas- 
tleton.  Attest  M.  Post  Clk  " — in  which  reference  the  Council  con- 
curred. 

Adjourned  to  9  O'clock  tomorrow  morning. 


Danville,  Friday,  October  18«»»'  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Pursuant  to  the  Concurrent  Resolution  of  both  houses,  the  Governor 
and  Council  proceeded  to  the  Representatives'  Room  for  the  purpose  of 
electing  the  Judges  of  the  Supreme  Court,  and  having  accomplished  the 
same,  returned  to  their  Chamber  and  resumed  the  consideration  of 
business.^ 

The  following  resolution  was  sent  from  the  house:  "Resolved  that  a 
Committee  of  three  he  appointed  on  the  part  of  this  house,  to  join  such 
Committee  as  shall  be  appointed  by  the  Council,  to  consider  of  the  ex- 
pediency of  extending  the  qualifications  of  Jurors  and  appraisers  of 
lands,  and  to  other  cases,  to  lessees  of  lands  for  terms  of  years.  In 
General  Assembly  Oct'  17,  1805.  Read  and  Referred  to  Mess»  Chip- 
man.  Chase  and  Leavenworth  to  join  Committee  from  Council.  Att. 
M.  Post  Clk  "—which  was  read,  and  it  was  Resolved,  That  M'-  With- 
erell  join  the  Committee  appointed  by  the  house  on  the  aforesaid  Reso- 
lution. , 

A  Petition  from  the  Inhabitants  of  Wheclock,  Lessees  of  the  Trus- 
tees of  Dartmouth  College,  praying  to  be  admitted  to  the  privileges  of 
Freeholders,  was  received  from  the  house  with  this  order  thereon:  *'  In 
General  Assembly  Oct'- 17, 1805.  Read  and  referred  to  the  Committee 
on  M'-  Chipman's  resolution  on  the  same  subject,  to  join  Committee 
from  Council.  Attest  M.  Post  Clk" — in  which  reference  the  Council 
concurred. 

A  Petition  from  the  Town  of  Waterford,  for  a  Turnpike  Road  thro' 
Rye^ate  woods,  and  one  from  David  Sheldon  and  others  for  a  Turnpike 
Road,  were  received  from  the  house  with  this  order  on  each:  *'  In  Gen- 
eral Assembly  Oct'  17,  1805.  Read  and  Referred  to  the  First  Turnpike 
Committee  to  join  &c.  Att.  M.  Post  Clk  " — in  which  reference  the 
Council  concurred. 

The  Petitions  of  B.  Goodhue  and  William  Wallace,  for  acts  of  Sus- 
pension, were  received-from  the  house  with  this  order  on  each:  ''In 
General  Assembly  Oct'  17,  1805.     Read  and  Referred  to  the  Committee 


'  Jonathan  Robinson,  Royall  Tyler,  and  Theophilus  Harrington  were 
elected  Judges. 


72  Governor  and  Council — October  1805. 

of  Insolvency  &c.  to  Join  &c.  Att.  M.  Post  Clk  " — which  were  read  and 
the  reference  of  the  house  thereon  concurred  in. 

A  Petition  from  the  Inliabitants  of  the  Town  of  Barre  was  received 
from  the  house  with  this  order  thereon.  "  In  General  Assembly  Oct'- 
17,  1805.  RcikI  and  llefcrred  to  the  Committee  on  State  Taxes  to  join 
&c.  Att.  M.  Post  Clk  " — which  was  read  and  the  reference  ot  the  house 
thereon  concurred  in. 

A  Petition  for  a  Land  Tax  on  the  Town  of  Waterford  was  received 
from  the  house  with  tliis  order  minuted  on  the  same:  '*ln  General 
Assembly  Oct"^-  17,  1805.  Read  and  referred  to  the  Third  Land  Tax 
Committee  to  join  &c.  Attest  M.  Post  Clk'' — which  was  read  and  the 
reference  of  the  house  thereon  concurred  in. 

The  Petition  of  [Gen.]  William  Barton  was  received  from  the  house 
with  this  order  of  that  body  on  it:  *'In  General  Assembly  Oct*^- 17,  1805. 
Referred  to  Mess*  [Arad]  Hunt,  Pearl,  Shaw,  Bullock  and  Hurd  to  join 
Committee  from  Council.  Att.  M.  Post  Clk"— &  it  was  Resolved,  That 
M'^-  Wright  join  the  Committee  from  the  house  on  said  Petition. 

M'-  Witherell,  the  Committee  on  the  Pelitic»n  of  Nathaniel  P.  Sawver 
and  others,  for  a  Charter  for  Sterliui?,  reported  that  he  was  satisfied  the 
Granting  fees 'for  said  Township  had  been  paid,  by  an  enquiry  and 
examination  at  the  Treasurer's  office.  And  the  said  Petition  being 
under  consideration,  it  was  Resolved,  That  His  Excellency  the  Governor 
be  advised  and  requested  to  issue  a  Charier  of  Incorporation  for  the 
Township  of  Sterling,  to  the  Proprietors  whose  names  are  in  the  list 
cerlitioil  by  the  Land  Committee,  under  such  Terms,  Restrictions  and 
Reservations  as  are  comprised  in  the  Charters  of  other  towns  granted 
by  this  State. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Saturday,  October  V,)^^- 1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  Petition  for  a  Turnpike  Road  through  this  State  in  a  direction  from 
Montreal  to  Boston,  was  received  from  the  house  with  this  order  thereon: 
'*In  General  Assembly  Ocf^-  isn>.  1805.  Read  and  Referred  to  the  First 
Turnf)ike  Committee  to  join  &c.  All.  M.  Post  Clk" — which  was  read, 
and  the  reference  of  the  house  thereon  concurred  in. 

The  Petition  of  the  Inhabilants  of  Monlpelier,  for  a  new  County,  was 
received  from  the  house  with  this  order  thereon:  ''In  General  Assembly 
Ocf-  18'^'  1805.  Read  and  referred  to  Mess'  Wheatley,  Leavenworth, 
Stanley  and  Cameron  to  join  Committee  from  Council.  Att.  M.  Post 
Clk"— which  was  read,  and  it  was  Resolved,  That  M'  Niles  join  the 
Commiltee  from  the  house  on  the  said  Petition. 

Four  Petitions  for  a  new  County,  one  from  the  Inhabilants  of  More- 
town,  one  from  Faystown,  one  from  Calais,  and  one  from  Waitsfield, 
were  received  from  the  house  with  this  order  on  each:  ''In  General 
Assembly  Ocf-  18^*  1805.  Read  and  Referred  to  the  Committee  on  the 
Petition  of  the  Inhabitants  of  Monlpelier  to  join  &c.  Att.  M.  Post 
Clk'' — which  were  read  and  the  referent^e  thereon  concurred  in. 

A  Petition  from  the  Inhabitants  of  Deweysburgh  was  received  from 
the  house  wilh  this  order  thereon:  "In  (General  Assembly  Oct.  18,  1805. 
Read  and  referred  to  Mess"  S.  Bayley,  Mu/zy,  and  Ilolton  to  join  Com- 
mittee trom  Council.  Attest  M.  Post  Clk" — which  was  read,  and  it  was 
Resolved,  That  M'-  Galusha  join  the  Committee  appointed  by  the  house 
on  the  aforesaid  Petition. 


Governor  and  Council — October  1805.  73 

A  Petition  from  the  Caledonia  Turnpike  Company  was  received  from 
the  house  with  this  order  on  the  same:  "  In  General  Assembly  Oct*"- 18, 
1805.  Head  and  Referred  to  the  second  Turnpike  Committee  to  join 
&c.  Att.  M.  Post  Clk." — which  was  read  and  the  reference  of  the 
house  thereon  concurred  in. 

Pursuant  to  Adjournment  the  Governor  and  Council  proceeded  to 
the  Representatives^  Room  for  the  purpose  of  compleating  the  appoint- 
ment of  County  Officers,  and,  after  makiug  progress  in  the  same,  ad- 
journed to  Tuesday  next  at  ten  o'clock  in  the  forenoon,  to  meet  in  the 
Representatives'  Room,  and  the  Council  returned  to  their  Chamber  and 
resumed  the  consideration  of  business. 

A  Petition  from  the  Town  of  Newbury  for  an  academy  was  received 
from  the  house  with  this  order  thereon:  ''In  General  Assembly  Oct^ 
18, 1805.  Read  and  Referred  to  the  Committee  on  the  Petition  of  the 
Selectmen  of  Castleton  to  join  &c.  Att.  M.  Post  Clk." — which  was 
read,  and  the  reference  of  the  house  thereon  concurred  in. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  was  sent 
to  the  Governor  and  Council  for  their  revision  and  concurrence  or  pro- 
posals of  Amendment,  Entitled  ''an  Act  directing  the  Treasurer  of  this 
State  to  pay  William  Hewes  the  sum  therein  mentioned,"  which  was 
read  and  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  directing  the  Auditor  of  accounts  in  his  duty  as  to  the  allowing 
accounts  Ac."  was  sent  to  the  Governor  and  Council  for  their  revision 
&c.  &  being  read,  it  was  on  motion  Resolved,  That  it  be  referred  to  M'- 
Shepardson. 

The*  Honorable  Royall  Tyler  Esquire  appeared  in  Council  and  The 
Governor  administered  to  him  the  oaths,  prescribed  by  the  Constitution 
and  Laws  of  this  State,  faithfully  to  execute  the  Office  of  Side  or  Assis- 
tant Judge  of  the  Supreme  Court  of  Judicature  and  Court  of  Chancery 
for  the  year  ensuing. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M.— A  Petition  from  the  Inhabitants  of  Concord  was 
again  received  from  the  house  with  this  new  order  thereon:  ''In  Gen- 
eral A.ssembly  Oct''-  lO"**  1805.  Report  read  and  Petition  recommitted 
to  join  &c.  Attest  Martin  Post  Clk  " — in  which  recommittment  the 
Council  concurred. 

An  act  appointing  a  Committee  to  lay  out  a  Road  in  Woodstock  was 
received  from  the  house  with  this  order  thereon:  ^*ln  General  Assem- 
bly Oct*^-  19**"'  1805.  Read  and  Referred  to  the  Committee  on  the  Peti- 
tion of  the  Inhabitants  of  Woodstock  to  join  &c.     Alt.    M.  Post  Clk." 

which  was  read  and  it  wa«  Resolved,  That  M'  Fletcher  join  the  Com- 
mittee alluded  to  in  the  order  of  the  house  on  the  foregoing  Bill. 

A  petition  from  the  Inhabitants  of  Fairfax  for  a  land  Tax  was  received 
from  tlje  house  with  this  order  thereon:  "In  General  Assembly  Oct*^- 
19«^'  1805.  Read  and  Referred  to  the  Third  Land  Tax  Committee  to 
join  Ac.  Attest  M.  Post  Clk.'' — which  was  read  and  the  reference  of 
the  bouse  thereon  concurred  in. 

An  act  directing  the  Trea.**urer  of  this  State  to  pay  to  Timothy  F. 
Chipman  the  sum  therein  mentioned,  was  received  from  the  house  with 
this  order  thereon:  "  In  General  Assembly  Oct'  19,  1805:  This  Bill  was 
brought  in  on  Motion  of  M"^  Rich,  Read  and  Referred  to  the  Militia 
Committee  to  join  &c.  Att.  M.  Post  Clk."— which  was  read  and  the 
order  ©f  the  house  thereon  concurred  in. 

The  Petition  of  Roger. A.  Heiru  was  again  received  from  the  house 


74  Governor  and  Council — October  1805. 

with  thivS  new  order  thereon:  "In  General  Assembly  Oct^-  19*-  1805. 
Report  read  and  recommitted  to  same  Committee  to  join  &c.  Attest 
Martin  Post  Clk." — in  which  recommittment  the  Council  concurred. 

An  Act  establishing  the  Sand-Bar  Turnpike  Company  was  received 
from  the  house  with  this  order  thereon:  "In  General  Assembly  Oct*"- 19, 
1805.  Read  and  Referred  to  the  First  Turnpike  Committee  to  join  &c. 
Att.     M.  Post  Clk." — in  which  reference  the  Council  concurred. 

An  Act  assessing  a  Tax  of  Four  Cents  per  acre  on  the  west  part  of 
Goshen  Gore  adjoining  Wheelock  in  Caledonia  County  was  received 
from  the  house  with  this  order  on  the  same:  "In  General  Assembly 
Oct^  19^*  1805.  Read  &  Referred  to  the  First  Land  Tax  Committee  to 
join  &c.  Attest  M.  Post  Clk." — which  was  read  and  the  reference  of 
the  house  thereon  concurred  in. 

The  following  Resolution  was  sent  from  the  house:  "In  General 
Assembly  Oct"^- 17, 1805.  Resolved,  That  our  Senators  in  the  Congress 
of  the  United  States  be  instructed,  and  ojur  Representatives  requested, 
to  take  all  legal  and  necessary  steps,  and  to  use  their  utmost  exertions, 
as  soon  as  the  same  is  practicable,  to  obtain  an  amendment  to  the  Fed- 
eral Constitution,  so  as  to  empower  the  Congress  of  the  United  States 
to  pass  a  Law,  whenever  they  may  deem  it  expedient,  to  prevent  the 
further  importation  of  Slaves  or  people  of  color  from  any  of  the  West 
India  Islands,  from  the  Coast  of  Africa  or  elsewhere,  into  the  United 
States,  or  any  part  thereof.  Resolved,  Therefore,  that  the  Governor  be,- 
and  he  is  hereby  requested  to  transmit  Copies  of  the  foregoing  resolu- 
tion to  our  Senators  and  Representatives  in  Congress,  and  also  to  the 
Executives  of  all  the  different  States  in  the  Union,  with  a  request  that 
the  same  may  be  be  laid  before  their  respective  Legislatures,  for  their 
concurrence  and  adoption.  Ordered  to  be  sent  to  the  Governor  and 
Council  for  their  Concurrence.  Att.  M.  Post  Clk" — which  was  read, 
and  on  motion  amended  by  adding  the  following  Preamble — "Whereas 
the  Governor  of  this  State  has  laid  before  this  Assembly  a  Resolution 
of  the  Legislature  of  North  Carolina,  dated  Dec'-  4**»'  A.  D.  1804,  propos- 
ing such  an  Amendment  to  the  Constitution  of  the  United  States  as 
shall  authorize  Congress  to  prevent  the  importation  of  Slaves  into  the 
United  'States" — which  resolution  was  adopted  and  concurred  in  as 
amended,  and  M^-  Niles  requested  to  inform  the  house  of  the  reasons  of 
Council  in  proposing  such  amendment.' 

Adjourned  to  9  O'clock  Monday  Morning. 


Monday,  October  21-*'  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

An  act  explanatory  of  a  Provision  in  Sundry  Turnpike  Grants, 
referred  from  the  last  Session  of  the  Legislature,  was  received  from  the 
house  with  this  order  thereon:  "In  General  Assembly  Ocf^- 19,  1805. 
Read  and  Referred  to  Mes*-  E.  Porter,  Henry,  E.  Fitcli,  J.  Rising  and 
White  to  join  Committee  from  Council.  Attest  Martin  Post  Clk"— 
which  was  read  and  it  was  Resolved,  That  M*^-  Loomis  join  the  said 
Committee  appointed  by  the  house. 

Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — The  following  written  message  was  received  from 
the  house:  "In  General  Assembly  Oct'- 21,  1805.  Resolved,  that  the 
house  concur  with  the  Governor  and  Council  in  their  Amendment  pro- 

^  For  the  resolutions  of  North  Carolina,  see  Appetidix  B. 


Governor  and  Council — October  1805.  75 

posed  to  the  resolution  recommending  an  amendment  to  the  Constitu- 
tion of  the  United  States  similar  to  that  expressed  in  the  Resolutions 
communicated  from  the  Governor  of  North  Carolina.  Extract  from  the 
Journals.     Attest  Martin  Post  Clk.'" 

The  following  resolution  was  received  from  the  house:  ''Resolved, 
the  Governor  and  Council  concurring  herein,  that  both  houses  meet  in 
the  Representatives'  Room,  at  the  opening  of  the  house  on  Tuesday 
morning  next,  for  the  purpose  of  electing  a  Surveyor  General  and  Audi- 
tor of  accounts  against  this  State.  In  General  Asseihbly  Oct'  21,  1805. 
Read  and  Passed.     Att.  M.  Post  Clk.'' — which  was  read  and  concurred. 

A  remoristrance  from  one  hundred  and  fiftv  three  Inhabitants  of  the 
Town  of  Fairfield,  against  a  Petition  from  that  Town,  was  received  from 
the  house  with  this  order  thereon:  "In  General  Assembly  Oct'-  21, 
1805.  Read  and  referred  to  the  Committee  on  the  Petition  of  the  In- 
habitants of  Fairfield  to  join  &c.  Att.  M.  Post  Clk"~which  was  read 
and  the  reference  of  the  house  theretm  concurred  in. 

The  Petitions  of  Christopher  Roberts,  and  of  Martin  Roberts  Adminis- 
trator of  John  Roberta  decea.sed,  were  received  from  the  house  with  this 
order  on  each:  **In  General  Assembly  Ocf-  21, 1805.  Read  and  referred 
to  Mes»-  Morris,  Hunt  and  Chase  to  join  Committee  from  Council. 
Attest  Martin  Post  Clk"— which  were  severally  read,  and  it  was  Re- 
solved. That  M'-  Galusha  join  the  Committee  appointed  by  the  house  on 
the  said  Petitions. 

The  following  resolution  was  read,  adopted  and  ordered  to  be  sent  to 
the  house  for  their  concurrence:  Resolved,  The  House  of  Representa- 
tives concurring  herein,  that  both  houses  meet  in  joint  Committee,  at 
the  opening  of  the  house  on  Tuesday  morning  next,  for  the  purpose  of 
electing  a  Brigadier  General,  in  the  First  Brigade,  in  the  Third  Division 
c»f  the  Militia  of  this  State,  in  the  room  of  Brigadier  General  Joseph 
Cook  resigned. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  laying  a  Tax  of  one  Cent  per  acre  on  the  Town  of  Woodford," 
■  was  sent  to  the  Governor  and  Council  for  their  Revision  &c.  and  being 
read,  it  was  on  motion  amended  by  erasing  the  words  '•  Public  Rights  '' 
in  the  first  line  of  the  Fourth  Section  and  inserting  the  following  words 
viz.  "  lands  sequestered  to  public  and  pious  uses."  and  then  it  was  Re- 
solved, To  concur  with  the  house  in  passing  the  same  into  a  Law  as 
amended,  and  M'  Keyes  appointed  to  inform  the  house  of  the  reasons  of 
Council  in  proposing  the  said  amendment. 

An  Eugrossed  Bill,  passed  in  tne  House  of  Representatives,  Entitled 
"An  act  enabling  Charles  Miller,  a  subject  of  his  Brittaunic  Majesty,  to 
hold  a  certain  parcel  of  lands  in  this  State,"  was  sent  to  the  Governor 
and  Council  for  their  revision  &c.  read  &  Resolved,  That  it  be  referred 
to  Mess*- Witherell  and  Shepardson. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  authorizing  the  Clerk  of  Caledonia  County  to  make  a  certain 
record,"  was  sent  to  the  Governor  and  Council  for  their  revision  &c. 
which  was  read,  and  on  motion  Resolved,  That  it  be  referred  to  M*^- 
Wheelock. 

The  Committee  on  the  Bill  Entitled  "An  act  directing  the  Auditor  of 
Accounts  in  his  duty  as  t«)  allowing  accounts"  &c.  reported  that  it  ought 
not  to  pass  into  a  Law,  whereupon  it  was  Resolved,  To  nonconcur  with 
the  House  in  passing  the  said  Bill  into  a  Law  &  for  the  following  rea- 
son viz.  That  the  present  compensation  allowed  by  law  for  the  support 
of  State  Prisoners  and  Criminals  is  amply  sufficient.  Ordered,  That  the 
Secretary  acquaint  the  house  therewith. 
An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 


76  Governor  and  Council — October  1806. 

''  An  act  in  addition  to  an  act  Entitled  an  Act  reducing  into  one  the 
several  acts  for  laying  out,  making,  repairing  and  clearing  Highways," 
was  sent  to  the  Governor  and  Council  for  their  revision  &c.  which  was 
read,  and  on  motion  it  was  Resolved,  To  concur  with  the  house  in  pass- 
ing the  said  Bill  into  a  Law. 

The  resolution  of  Council,  relative  to  the  Choice  of  a  Brigadier  Gen- 
eral in  the  first  Brigade  and  Third  Division  of  the  Militia  of  this  State, 
was  returned  from  the  house  concurred. 

An  act  granting  to  Roger  A.  Heirn  the  Privilege  of  Keeping  a  Ferry 
was  received  from  the  house  with  this  order  thereon:  "In  General  As- 
sembly Oct'-  21*^  1805.  Read  and  Referred  to  the  Committee  on  the 
Petition  of  Roger  A.  Heirn  accompanying.  Att.  M.  Post  Clk  •' — which 
was  read  and  the  reference  of  the  house  thereon  concurred  in. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Tuesday,  October  22»d'  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Governor  and  Council  proceeded  to  the  Representatives'  Room 
according  to  adjournment,  for  the  purpose  of  compleating  the  elections 
of  the  County  Officers,  and  after  making  progress  therein  adjourned  to 
ten  O'clock  on  Thursday  morning  next,  then  to  meet  in  the  Represent- 
atives' room.  The  joint  Committee  then  proceeded,  according  to  the 
concurrent  Resolutions  of  both  houses,  to  the  election  of  The  Surveyor 
General,  and  the  Ballots  being  counted,  Joseph  Beaman  Esq*^-  was  de- 
clared duly  elected.  The  Election  of  the  Auditor  of  Accounts  against  the 
State  on  motion  of  M'-  Morris,  was  postponed  unlill  the  opening  of  the 
house  on  Wednesday  morning  of  the  next  week.  They  also,  in  pursu- 
ance of  the  concurrent  resolution  of  both  houses,  proceeded  to  the  elec- 
tion of  a  Brigadier  General  of  the  First  Brigade  in  the  Third  Division 
of  the  Militia  of  this  State,  in  the  room  of  Gen*-  Jos.  Cook  resigned.^ 
The  joint  Committee  then  dissolved,  and  the  Governor  and  Council  re- 
turned to  their  Chamber  and  resumed  the  consideration  of  business. 

The  Petition  of  Jonathan  Danforth  and  Seth  Ford  was  again  received 
from  the  House  with  this  new  order  thereon:  "In  General  Assembly 
Oct'-  21,  1805.  Report  read,  not  accepted  &  recommitted  to  the  former 
Committee,  with  the  addition  of  Mes*-  A.  Robinson,  Barlow  &  Sowles 
to  join  «fcc.  Attest  M.  Post  Clk." — in  which  recommittment  the  Coun- 
cil concurred  with  the  addition  of  M'-  Chittenden  on  the  part  of  the 
Council  to  said. Committee. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
'^  An  act  granting  a  new  trial  in  a  certain  case  therein  mentioned,"  was 
sent  to  the  Governor  and  Council  for  their  revision  &c.  read  ^  Re- 
solved, That  it  be  committed  to  M'-  Witherell  for  amendment. 

An  Engrossed  Bill,  passed  in  the  House  of  Representatives,  Entitled 
"  An  act  laying  a  Tax  on  all  the  lands  in  Parkerstown  alias  Medway 
and  Parker's  Gore,"  was  sent  to  the  Governor  and  Council  for  their  re- 
vision &c.  which  was  read  and  it  was  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. — The  following  Engrossed  Bills,  passed  in  the 
House  of  Representatives,  were  sent  to  the  Governor  and  Council  for 
their  revision  &c. — ''An  Act  directing  the  Treasurer  to  pay  Benjamin 


*  Col.  Timothy  F.  Chipman  was  elected. 


Governor  and  Council — October  1805.  77 

Eiumons  Jun'-  the  sum  therein  mentioned,''  and  "An  act  laying  a  Tax 
of  Four  Cents  per  acre  on  that  part  of  Goshen  Gore  adjoining  Wheelock," 
which  were  severally  read  &  it  was  Resolved,  To  concur  with  the  house 
in  pa8.sing  ihe  said  !Bills  into  Laws. 

The  Committee  on  the  Bill  Entitled  "An  act  authorising  the  Clerk  of 
Caledonia  County  to  make  a  Record  respecting  sales  of  land. in  Harris 
G^>re,  and  declaring  the  same  valid,"  reported  that  it  ought  to  pass, 
whereupon  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  in  amendment  of  an  act  Entitled  an  act  in  addition  to  an  act 
Entitled  an  Act  defining  the  Powers  of  Justices  of  the  Peace,"  was  sent 
to  the  Governor  and  Council  for  their  revision  &c.  read  and  referred  to 
Mes»-  Loomis  &  Wright. 

The  officer  of  the  house  delivered  the  following  written  message:  *'In 
General  Assembly  Oct'-  22, 1805.  Resolved  to  concur  with  the  Governor 
and  Council  in  their  proposed  amendments  to  the  Bill  Entitled  "An  act 
laying  ;i  Tiix  of  one  Cent  per  acre  on  the  Town  of  Woodford."  Extract 
from  the  Journals,    Alt.     M.  Post  Clk." 

The  Petition  of  the  Inhabitants  of  Barnet  and  others  was  received 
from  the  house  with  this  order  thereon:  *•  In  General  Assembly  Oct^-  22, 
1805.  Read  and  Referred  to  Mes*-  Lyon,  Cottle  and  King  to  join  Com- 
mittee from  Council.  Attest  M.  Post  Clk." — which  was  read  and  M*"- 
White  appointed  to  join  the  said  Committee  from  the  house. 

A  Bill,  referred  from  the  last  session  of  the  Legislature,  Entitled  "An 
act  in  addition  to  an  act  Entitled  an  act  for  the  purpose  of  regulating 
suits  relative  to  landed  property,  &  directing  the  mode  of  proceeding 
therein,"  was  sent  to  the  Council  with  this  new  order  of  the  house  on  it^: 
"In  General  Assembly  Oct'-  22.  1805.  Read  and  referred  to  Mess*- 
Chipman,  Morris  and  Luce  to  join  Committee  from  Council.  Attest 
Martin  Post  Clk." — which  was  read,  and  M'-  Galusha  appointed  to  join 
the  Committee  from  the  house  on  the  said  Bill. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Wednesday,  October  23"»'  1805,  9  O'clock.A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  resolution  was  sent  from  the  house:  "  Whereas,  His 
Excellency  the  Governor  of  this  State  has  transmitted  to  this  House 
certain  Resolutions  from  the  State  of  Kentucky,  which  have  for  their 
object  an  amendment  to  the  Constitution  of  the  United  States  relative 
to  the  jurisdiction  of  the  Courts  of  the  United  States,  and  Whereas,  the 
part  of  that  invaluable  instrument,  proposed  to  be  amended,  embraces 
many  objects,  which,  whether  retained  in  their  present  form  or  amended, 
will  have  effects  in  community  by  no  means  of  an  indifferent  nature, 
and  Whereas,  the  best  possible  knowledge  ought  to  be  had  of  existitg 
evils,  or  benefits,  before  a  single  step  is  taken  toward  altering  or  amend- 
ing a  compact  which  will  not  only  have  important  effects  in  the  affairs 
of  our  own  State,  but  also  in  those  of  our  Sister  States — Therefore  Re- 
solved, the  Governor  and  Council  concurring  herein,  that  the  further 
consideration  of  the  said  Resolutions  be  referred  to  the  next  Session  of 
the  Lei;ri8lature.  In  General  Assembly  Oct*^-  22,  1805,  Read  anrl 
adopted.  Att.  M.  Post  Clk  "-which  Resolution  was  read  and  con- 
curred. * 


^See  Appendix  B, 


78  Governor  and  Council — October  1805. 

A  Petition  from  the  President  and  Fellows  of  Middlebury  College 
was  received  from  the  house  with  this  order  thereon:  "  In  General  As- 
sembly Oct'  23,  1805.  Read  and  Referred  to  Mes*  Baker,  S.  Porter, 
Chase,  Goodwillie  and  Stanley  to  Join  Committee  from  Council.  At- 
test M.  Post  Clk  '' — which  was  read  and  Mes*-  Gjilusha  and  Wright  ap- 
pointed to  join  the  Committee  from  the  house  on  the  said  Petition. 

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  granting  relief  to  the  Company  for  render- 
ing Connecticut  River  Navigable  by  Bellows  Falls,"  was  sent  to  the 
Governor  and  Council  for  their  revision  &c.  which  was  read  and  com- 
mitted to  M'-  Galusha  for  amendments,  who  reported  sundry  amend- 
ments to  be  made  to  the  said  Bill,  which  were  adopted,  and  it  was  on 
motipn  Resolved.  To  concur  with  the  house  in  passing  the  said  Bill  int^ 
a  law  as  amended,  and  M*^-  Galusha  appointed  to  inform  the  house  of  the 
reasons  of  Council  for  proposing  the  same. 

An  Engrossed  iJill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  annexing  part  of  the  Town  of  Peru  to  the  Town  of  M*-  HoUey" 
was  sent  to  the  Governor  and  Council  for  their  revision  &c.  which  was 
read,  and  it  was  Resolved,  To  concur  with  the  house  in  passing  the  said 
Bill  into  a  Law. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Thursday,  October  24*^.  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Pursuant  to  adjournment  the  Governor  and  Council  proceeded  to  the 
Representatives'  Room  for  the  purpose  of  compleating  the  elections  of 
the  County  Officers,  and,  after  finishing  the  same,  the  joint  Committee 
of  both  houses  was  dissolved,  and  the  Governor  and  Council  returned  to 
their  chamber  and  adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — A  Remonstrance  from  the  Inhabitants  of  Water- 
ford  against  a  Land  Tax  on  said  Town  was  received  from  the  house  with 
this  order  thereon:  ''In  General  Assembly  Oct''-  23,  1805.  Read  and 
Referred'to  the  First  Land  Tax  Committee  to  join  &c.  Attest  M  Post 
Clk" — which  was  read  and  the  reference  of  the  house  thereon  con- 
curred in. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"  An  act  restoring  John  Mann  Jun''  to  his  Law,"  was  sent  to  the  Gov- 
ernor and  Council  for  their  revision  tfec.  read  and  amended  by  inserting 
after  the  word  "  him  "  in  the  twelfth  line  of  the  Second  Page  these 
words,  "  or  to  be  left  at  his  last  and  usual  place  of  abode,"  and  it  was 
Resolved  to  concur  with  the  house  in  passing  the  said  bill  into  a  Law  as 
amended. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"  An  act  directing  the  Treasurer  to  pay  to  Joshua  Beemis  the  sum  of 
Twenty  Dollars,"  was  sent  to  the  Governor  and  Council  for  their  revis- 
ion &c.  which  was  read  and  committed  to  M'-  Shepardson. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  faying  a  Tax  of  Five  cents  per  acre  on  the  Town  of  Johnson," 
was  sent  to  the  Governor  and  Council  for  their  revision  &c.  which  was 
read  and  amended,  and  it  was  Resolved,  To  concur  with  the  house  in 
passing  the  same  into  a  Law  as  amended. 

On  Motion  of  M'^-  Loomis,  he  was  excused  from  setting  [sitting]  with 
the  Committee  appointed  by  the  house  on  the  Petition  for  an  Academy 


Governor  and  Council — October  1805.  79 

at  Newbury,  and  on  the  Petition  from  the  Proprietors  of  Randolph 
Academy,  and  Gov-  Brigham  appointed  in  his  room  to  join  the  Com- 
mittee from  the  house  on  the  8*  Petitions. 

The  Committee  to  whom  was  referred  the  Bill  Entitled  "  An  act 
granting  a  new  Trial  in  a  certain  case  therein  mentioned,"  reported  the 
fiillowing  amendments,  viz.  After  the  word  "Administrators"  in  the 
Fourth  line  of  the  Bill,  insert  these  words.  '•  and  twelve  days  previous 
notice  beini»  given  by  the  said  Administrators  to  the  said  S*-  Clair,  by 
causinsT  a  true  and  attested  copy  of  this  Act  to  be  delivered  to  the  said 
S*-  Clair,  or  left  at  his  last  and  usual  place  of  abode,"  and  add  these 
words  to  the  bill,  "  together  with  the  costs  hereafter  accruing  " — which 
were  .'ulopted,  &  ii  was  Resolved,  To  concur  with  the  house  in  passing 
the  said  Bill  into  a  Law  with  the  said  proposals  of  amendment,  and  M'- 
Withcrell  appointed  to  inform  the  house  of  the  reasons  of  the  same. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  art  for  the  relief  of  Aaron  Henry,  Heman  Henry,  and  Ebenezer 
Beach."  wjis  sent  to  the  Governor  and  Council  for  their  revision  Ac. 
which  waj*  read,  amended,  and  it  was  Resolved,  To  concur  with  the 
hout«e  in  passing  the  said  iiill  into  a  Law  as  amended,  and  M'*  Galusha 
appointed  to  inform  the  house  of  the  reasons  of  Council  in  proposing 
the  said  amendments. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Friday,  October  25^»  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representatives, 
were  sent  to  the  Governor  and  Council  for  their  revision  and  concur- 
rence or  proposals  of  amendment:  "An  act  suspending  suits  against 
Matthew  Cole  for  the  Term  of  Five  Years;  An  act  granting  relief  to 
Hosea  Chubbuck;"  and  "An  act  directing  the  Treasurer  of  this  State 
to  credit  to  Alpbeus  Hall "  &c.  which  Bills  were  severally  read  and 
considered,  and  it  was  Resolved,  To  concur  with  the  house  in  passing 
them  into  Laws. 

Acyourned  to  2  O'clock  P.  M. 

2  O'CLOCK  p.  M. — An  act  in  addition  to  an  act  incorporating  certain 
persons  by  the  name  of  the  Rutland  and  Stockbridge  Turnpike  Com- 
pany was  received  from  the  house  with  this  order  thereon:  "In  Gen- 
eral Assembly  Oct'-  25, 1805.  Read  and  Committed  to  the  second  Turn- 
pike Committee  to  join  &c.  Att.  M.  Post  Clk." — which  was  read, 
und  the  reference  of  the  house  thereon  concurred  in. 

The  Petition  for  a  Land  Tax  on  Plymouth  was  again  rec*^-  from  the 
house  with  this  new  order  on  the  same:  "In  General  Assembly  Oct'- 
25>^  1805.  Report  Read  and  recommitted  to  the  former  joint  Committee 
to  examine  facts  &c.  and  make  report.  Attest  Martin  Post  Clk." — 
in  which  recommittment  the  Council  concurred. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  to  establish  a  Bank"  [at  Windsor,]  was  sent  to  the  Governor 
and  Council  for  their  revision  &c.  which  was  read  and  Ordered.  That  it 
lie  on  the  Table. 

An  Eagrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  supplementary  to  the  act  establishing  a  Corporation  by  the 
name  of  the  Northern  Turnpike  Company  of  Vermont,"  was  sent  to  the 
Governor  and  Council  for  their  revision  &c.  which  was  read  and  referred 
to  Mes"-  Galusha  &  Keyes. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


80  Governor  and  Council — October  1805. 

Saturday,  October  26*»»'  1805,  9  O'clk  A.  M. 

The  Couucil  met  pursuant  to  adjournment. 

The  following  written  message  was  transmitted  from  the  house:  "In 
General  Assembly  Oct^-  25,  1805.  Resolved  to  concur  with  the  Gov- 
ernor and  Couucil  in  their  amendments  to  the  Bill  Entitled  "An  act 
laying  a  Tax  of  five  cents  per  acre  on  the  Town  of  Johnson  for  the  pur- 
poses therein  mentioned,"  and  the  Bill  Entitled  "An  act  restoring  John 
Mann  Jun^-  to  his  Law."  Extract  from  the  Journals,  Attest  Martin 
Post  Clk." 

The  Committee  on  the  Bill  Entitled  "An  act  directing  the  Treasurer 
to  [pay  to]  Joshua  Beemis  the  sum  of  Twenty  Dollars,"  reported  that  it 
ought  to  pass,  which  was  read,  and  it  was  Resolved,  To  concur  with  the 
house  in  passing  the  same  into  a  Law. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  laying  a  Tax  of  Two  cents  per  acre  on  all  the  lands  in  the 
Township  of  Ferrisburgh,"  was  sent  to  the  Governor  and  Council  for 
their  revision  &c.  which  was  read  &  on  motion  Resolved,  To  concur 
with  the  house  in  passing  the  said  Bill  into  a  Law. 

The  Committee  on  the  Bill  Entitled  "An  act  enabling  Charles  Miller, 
a  subject  of  his  Brittannic  Majesty,  to  hold  a  certain  parcel  of  land  in  this 
State,"  reported  that  the  same  ought  not  to  pass,  whereupon  it  was 
Resolved,  To  nonconcur  with  the  house  in  passing  the  said  Bill  into  a 
Law,  for  these  reasons,  to  wit,  l**-  That  by  the  Constituti(m  of  the 
United  States  the  power  of  regulating  the  naturalization  of  Foreigners 
is  vested  in  Congress;  and  that  the  said  Miller  has  in  no  part  brought 
himself  within  the  provision  of  the  law  passed  by  Congress  on  that 
subject;  two  of  the  essential  requisites  of  which  being  a  residence  in 
this  or  some  of  the  United  States,  and  taking  the  Oaths  of  Allegiance, 
neither  of  which  it  appears  that  the  said  Miller  hath  done,  but  that  he 
has  been  and  still  is  a  subject  of  his  Brittannic  Majesty;  neither  does 
he  pretend  that  he  has  an  intention  of  becoming  a  Citizen  of  this  or  any 
of  the  United  States.  2°**  The  Council,  therefore,  consider  it  inexpe- 
dient and  impolitic  to  confer  the  rights  of  Citizenship  upon  the  subject 
of  any  foreign  power,  solely  for  the  purpose  of  enabling  him  to  lake  the 
advantage  of  a  Statute  made  for  the  purpose  of  quieting  the  Citizens  of 
this  State  in  their  possessions. 

The  Petition  of  William  Buckminster  against  John  Willard  for  a 
new  Trial  was  again  received  from  the  house  with  this  new  order 
thereon:  "In  General  Assembly  Oct"^-  25,  1805.  Report  read,  and  this 
Petition  recommitted  to  the  Committee  on  new  Trials  to  join  &c,  Att. 
M.  Post  Clk" — which  recommittment  was  concurred  in. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"  An  act  in  addition  to  an  act  Entitled  an  act  constituting  the  supreme 
Court  of  Judicature,"  was  sent  to  the  Governor  and  Council  for  their 
revision  &c.  which  was  read  and  referred  to  Mess»-  Loomis  and  Wright. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representa- 
tives, were  sent  to  the  Governor  and  Council  for  their  revision  and  con- 
currence or  proposals  of  Amendment,  viz.  "An  Act  laying  a  Tax  of  two 
Cents  per  acre  on  the  Town  of  Chittenden;  An  Act  laying  a  Tax  of  four 
Cents  per  acre  on  the  Town  of  Ffiirfax;  An  Act  granting  to  Roger  A. 
Heirn  &c.  the  excrlusive  right  of  keeping  a  Ferrjr  &c.  «fcc.  and  An  act  to 
free  the  body  of  William  Wallace  from  arrests, '  which  Bills  were  sev- 
erally read  and  considered,  and  it  was  Resolved,  To  concur  with  the 
house  in  passing  them  into  Laws. 

The  Petition  of  Jonathan  Danforth  and  Seth  Ford  was  a  third  time 
received  from  the  house  with  this  new  order  on  it:  "  In  General  Assem- 
bly Oct'-  25'*»'  1805.    Report  read  and  recommitted  to  the  former  joint 


Q-jvemor  and  Council — October  1805.  81 

Committee.  Attest  M.  Post  Clk" — which  recommittment  was  con- 
curred in. 

The  Committee  on  the  Bill  '*  Supplementary  to  the  act  establishing  a 
Corporation  by  the  name  of  the  Northern  Turnpike  Company  of  Ver- 
mont" reported  sundry  amendments  to  be  incorporated  in  said  Bill, 
which  were  adopted  &  it  was  Resolved,  To  concur  with  the  house  in 
passing  the  said  Bill  into  a  Law,  with  the  proposals  of  amendment,  and 
M'-  GaTusha  was  appointed  to  inform  the  house  of  the  reasons  of  Council. 

Adjourned  to  9  O'clock  Monday  morning. 


Monday  October  28»»>'  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Committee  on  the  Bill  Entitled  ^'an  act  in  amendment  of  an  act 
Entitled  an  act  in  addition  to  an  act  Entitled  an  act  defining  the  Powers 
of  Justices  of  the  Peace ''  &c.  reported  sundry  amendments,  which  were 
adopted,  and  then  it  was  Resolved,  To  concur  with  the  house  in  passing 
said  Bill  into  a  Law  with  the  said  Proposals  of  Amendment,  and  M'* 
Galusha  appointed  to  acquaint  the  house  with  the  reason  of  Council  in 
proposing  them. 

The  Bill  to  incorporate  the  Bank  [at  Windsor]  being  called  up,  it  was 
moved  by  M'-  Niles,  that  the  Governor  and  Council  do  nonconcur  with 
the  house  in  passing  said  Bill  into  a  Law,  which  was  advocated  by  the 
mover  and  M'-  Galusha,  and  opposed  by  the  L'-  Governor  and  Mes"- 
Keyes  and  Loomis.  • 

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  to  regulate  the  choice  of  a  Council  of 
Censors,"  was  sent  to  the  Governor  and  Council  for  their  revision  &c. 
which  was  read  &  Resolved,  To  concur  with  the  house  in  passing  the 
said  Bill  into  a  Law. 

M'-  Niles'  motion  to  nonconcur  in  passing  the  Bill  to  incorporate  a 
Bank  being  under  consideration,  Mes*-  Witherell  &  Niles  advocated  its 
adoption,  and  on  the  question  shall  the  motion  prevail,  the  yeas  and 
nays  being  required  by  M'-  Witherell  were  as  follows:  Yeas,  Mess. 
Galusha,  Chittenden,  Witherell,  Spooner,  Fletcher,  Shepardson,  Whee- 
lock.  White,  Niles,  and  Wn>ht.  Nays,  L*-  Governor  Brigham,  Mess"-  * 
Loomis  and  Keyes.  Yeas  10.  Nays  3— so  it  was  Resolved,  To  non- 
concur with  the  house  in  passing  the  said  Bill  into  a  Law,  and  the 
following  reasons  adopted  and  ordered  to  be  transmitted  to  the  house 
for  such  nonconcurrence:  The  Governor  and  Council  are  of  opinion, 
that  as  credit  may  be  too  much  restricted,  so  it  may,  also,  be  improperly 
extended:  and  that  any  further  extension  of  it,  in  our  country,  by  bank- 
ing operations,  would  be  to  carry  it  to  an  extent,  which  would  be,  not 
omv  useless,  but  hurtful  to  society.  Credit  is  not  less  liable  than  money, 
to  be  misimproved,  and  while  the  misimproveraent  of  money  merely 
diminishes  property,  that  of  credit  creates  debt,  and  when  it  is  employed 
to  discharge  one  debt,  by  incurring  another,  nothing  can  commonly  be 
gained.  Those  who  borrow,  for  tlie  purpose  of  discharging  debts,  all- 
ready  contracted,  without  some  fair  prospect  of  exoneration,  will,  prob- 
ably, be  still  less  provident,  when  encouraged  to  believe,  they  may 
make  further  loans  to  repay  the  present.  In  this  way,  every  Banking 
operation,  in  our  Country,  in  its  present  condition,  seems  rather,  than 
any  thing  else,  a  vicious  substitute  for  that  industry  and  economy,  which 
constitute  the  best  portion  of  our  means  of  livelihood,  general  ease  and 

6 


82  Governor  and  Council — October  1805. 

affluence.  The  Governor  and  Coun(;il  are  further  of  opinion,  that  sud- 
den chan^ijes,  in  the  quantity  of  circulating  medium,  are  not  less  fatal  to 
general  prosperity,  than  all  such  changes  in  the  atmosphere  to  the  cora- 
fbrt  and  health  of  mankind.  Thoy  operate,  powerfully,  to  shift  property 
from  hand  to  hand  without  at  all  augmenting  the  general  wealth  of  a 
country.  Banking  establishments,  to  say  the  least,  possess,  in  .a  very 
high  degree,  the  very  dangerous  ])ower,  of  producing  such  changes,  in 
the  circulation  of  the  pecuniary  medium  of  commerce.  The  Governor 
and  Coun^'il  are  unwilling  to  augment  this  power,  by  any  additicms  to 
the  number  of  Banks,  allready  in  operation.  Neither  are  they  willing, 
by  overloading  the  system,  to  increase  those  means,  by  which  it  may 
ultimately  sink,  and,  in  that  case,  necessarily  draw  after  it,  the  unavoid- 
able ruin  of  multitudes.* 

The  following  Bills,  ])a8sed  in  the  house  of  Representatives,  were 
sent  to  the  Governor  and  Council  for  their  revision  and  concurrence  or 
proposals  of  amendment,  viz.  "An  act  laying  a  Tax  of  three  cents  per 
acre  on  the  Town  of  Jay;  An  act  confirming  the  Titles  of  Lands  in  the 
Town  of  Marshfield.-'*  and  "An  act  to  legalize  the  proceedings  of  Aaron 
Knapp,"  which  were  severally  read,  and  it  was  Resolved,  To  concur 
with  the  house  in  passing  the  said  Bills  into  Laws. 

An  Engrossed  Bill,  jmssed  in  the  house  of  Representatives,  Entitled 
'*An  act  directing  the  Treasurers  therein  mentioned  to  credit  certain 
sums  to  the  Town  of  Newburv,''  was  sent  to  the  Governor  and  Council 
for  their  revision  &c.  which  was  read,  and  on  motion  referred  to  M'- 
Shepardson. 

An  Euixrossed  BilK  passed  in  the  house  of  Ri^presentatives,  Entitled 
"An  act  in  addition  to  an  act  Entitled  An  act  laying  a  Tax  of  three 
Cents  jjer  acre  on  the  Town  of  North  field  passed  Oct'-  29*^  1804,"  was 
sent  to  the  Governor  and  Council  for  their  revision  &c.  which  was  read 
and  committed  to  M*^-  Witherell. 

An  Engrossed  Bill,  passed  in  the  house  of  Rei>resentatives,  Entitled 
"An  act  in  addition  to  an  act  laying  a  Tax  of  Two  Cents,  on  each  acre, 
public  rights  excepted,  in  the  Town  of  Slratton,''  was  sent  to  the  Gov- 
ernor and  Council  for  their  revision  &c.  which  wivs  read  and  referred  to 
M'-  Loomis. 

The  following  Engrossed  Bills,  passed  in  the  House  of  Represent- 
atives, were  sent  to  the  Governor  and  Council  for  revision  &c. — "An 
act  laying  a  Tax  of  one  cent  and  five  mills  per  acre  on  Enosburgh  Gore 
in  the  County  of  Franklin,'*  and  "An  act  for  the  partition  of  certain  of 
the  real  estate  whereof  John  Innes  Chirk  and  Joseph  Nightingale  were 
possessed'' — which  were  severally  read,  and  it  was  Resolved,  To  concur 
with  the  house  in  passing  them  into  Laws. 

Adjourne<l  to  9  O'clock  Tomorrow  morning. 


Tuesday  October  29^^- 1805,  9  Oclock  A.  M. 
The  Council  met  pursuant  to  adjournment. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representatives, 
were  sent  to  the  Governor  and  Council  for  their  revision  and  concur- 

*  As  it  is  apparent  that  Nathaniel  Niles  took  the  lead  in  opposition  to 
banks,  it  may  be  reasonably  presumed  that  he  was  the  author  of  this 
argument.     See  Vol.  iv,  p.  390. 

■This  act  embraces  the  deed  of  the  Indiaus  to  Isaac  Marsh,  which 
deed  conveyed  the  township  in  consideration  of  one  hundred  and  forty 
pounds  lawful  money. —See  Laws  of  Vermont^  1805,  p.  84. 


Governor  and  Council — October  1805.  83 

rence  or  proposals  of  amendment,  viz.  "An  act  incorporating  and  estab- 
lishing an  Academy  in  Rutland;  An  act  confirming;  a  Grammar  School 
in  the  County  of  Rutland;  An  act  laying  a  Tax  of  Two  Cents  per  acre 
on  the  Town  of  Starksborough;  An  act  directing  the  Treasurer  to  pay 
Frederick  Richardson  the  sum  therein  mentioned;  An  act  directing  the 
Treasurer  of  the  State  to  credit  the  Town  of  M*-  Holley  the  sum  therein 
mentioned:  An  act  altering  the  Stage  or  Post  road  leading  from  Ver- 
^enncs  to  Rutland"  &c.  and  "An  act  directing  the  Treasurer  of  the 
State  to  credit  the  Town  of  Guilford  tlie  sum  therein  mentioned,"  which 
were  severally  read,  and  it  was  Resolved,  To  concur  with  the  house  in 
passing^each  of  said  Bills  into  Laws. 

An  Engro.ssed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  in  addition  to  an  act  Entitled  An  act  incorporating  certain  per- 
sons therein  namcnl  bv  the  name  of  the  Rutland  and  Stockbridjje  Turn- 
pike  Company,"  was  sent  to  the  Governor  and  Council  for  iheir  revision 
Ac.  which  was  read,  sundry  amendments  made  thereto,  and  then  it  was 
Resolved,  To  concur  with  the  house  in  the  passim;  the  same  into  a  Law, 
with  the  said  proposals  of  Amendment,  and  M*^-  Keyes  requested  to  in- 
form the  house  of  the  reasons  of  Council  in  proposing  those  amend- 
ments. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  pointing  out  the  method  of  establishing  the  lands  divided  into 
severalty  in  the  town  of  Newhaven,"  was  sent  to  the  Governor  and 
Council  tor  their  revision  &c.  which  was  read  and  amended  by  inserting 
the  word  "Nine"  in  the  Sixth  line  of  the  bill,  in  lieu  of  the  word  "Six," 
&  then  it  was  Resolved,  To  concur  with  the  house  in  passing  the  same 
into  a  Law  as  amended. 

An  Engrossed  Bill,. passed  in  the  house  of  Representatives,  Entitled 
"An  act  regulating  the  packing  and  sale  of  Lime,"  was  sent  to  the  Gov- 
ern<»r  and  Council  for  thiiir  revision  &c.  which  was  read  and  referred  to 
M'-  Loomis. 

The  Committee  on  the  Bill  Entitled  "An  act  in  addition  to  an  act 
Entitled  An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the  Town  of 
Northfield,"  reported  sundry  amendments  to  be  made  therein,  which 
were  adopted,  and  then  it  was  Resolved,  To  concur  with  the  house  in 
passing  the  said  Bill  into  a  Law.  and  M*^  Witherell  api)ointed  to  inform 
the  house  of  the  reasons  of  Council  in  proposing  the  said  amendments. 

The  Committee  of  Council  on  the  Bill  Entitled  '*  An  act  directing 
the  Treasurers  therein  mentioned  to  credit  certain  suras  to  the  Town  of 
Newbury,"  reported  that  it  ought  to  pass,  whereupon  it  was  Resolved, 
To  concur  with  the  house  in  passing  said  bill  into  a  Law. 

An  act  to  revive  an  Act  laying  a  Tax  of  one  and  a  half  cent  on  each 
acre  of  Land  in  Middlesex,  was  received  from  the  house  with  this  order 
thereon:  "In  General  Assembly  Oct'-  29"''  1S05.  This  Bill  was  brought 
in  on  motion  of  leave  by  M'-  Putnam,  read  and  Committed  to  the  First 
Land  Tax  Committee  to  join  &c.  Attest  Martin  Post  Clk  " — which 
was  read  and  the  said  reference  concurred  in. 

A  Petition  for  a  Land  Tax  on  Random  [Brighton,]  Newark,  East- 
haven,  Granby  and  Guildhall,  was  received  from  the  house  with  this 
order  on  it:  '*  In  General  Assembly  Ocf^-  29,  1805,  Read  and  Referred 
to  the  Third  Land  Tax  Committee  to  join  &c.  Attest  M.  Post  Clk  " — 
which  was  read  and  the  said  reference  concurred  in. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  following  Engrossed  Bills,  passed  in  the  house 
of  Representatives,  were  sent  to  the  Governor  and  Council  for  their  re- 
Tisiou  &c.     ''*'  An  act  directing  the  payment  of  monies  as  therein  men- 


84  Governor  and  Council — October  1805. 

tiooed;  An  act  making  provision  where  any  Collector  of  a  Proprietor's 
or  State's  Land  Tax  may  die;  An  act  laying  a  Tax  of  one  cent  on  the 
Dollar  on  the  General  list  of  the  present  year  "  [for  support  of  govern- 
ment,] and  "  An  act  for  the  relief  of  Ehenezer  Weld  and  John  Weld,'- 
which  were  severally  read,  and  it  was  Resolved,  To  concur  with  the 
house  in  passing  them  into  Laws. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  to  revive  an  act  laying  a  Tax  on  each  acre  of  Land  in  the  Town 
of  Greensboro',"  was  sent  to  the  Governor  and  Council  for  their  revis- 
ion &c.  which  was  read  &  referred  to  M^-  Galusha. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
*'  An  act  freeing  the  body  of  John  H.  Palmer  from  arrest,"  was  sent  to 
the  Governor  and  Council  for  their  revision  &c.  and  he\iiz  read  it  was 
Resolved,  To  concur  with  the  house  in  passing  the  said  Bill  into  a  Law. 

The  following  written  message  was  received  from  the  house:  ''In 
General  Assembly  Oct'-  28*'''  1805.  Resolved,  that  this  house  do  concur 
with  the  Governor  and  Council  in  their  proposed  amendment  to  the  Bill 
Entitled  ''an  act  in  amendment  of  an  Act  Entitled  an  act  in  addition  to 
an  act  Entitled  an  act  defining  the  powers  of  Justices  of  the  Peace,"  &c. 
Extract  from  the  Journals,     Attest  M.  Post  Clk." 

An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the  Town  of  Wool- 
cott  "  [Wolcott,]  and  ''  an  act  laying  a  Tax  of  Three  Cents  per  acre  on 
the  Town  of  Cambridge."  were  received  from  the  house  with  this  order 
on  each:  '*  In  General  Assembly  Oct'*  29,  1805.  Read  and  referred  to 
the  Third  Land  Tnx  Committee  to  join  &c.  Attest  M.  Post  Clk" — 
which  were  severally  read  and  the  said  reference  concurred  in. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Wednesday,  October  SO*^''  1805,  9  O'clock  A.  M. 

The  Council  met  agreeable  to  adjournment. 

The  Governor  and  Council,  pursuant  to  adjournment,  proceeded  to 
the  Representatives'  room  for  the  purpose  of  electing  an  Auditor  of  ac- 
counts against  the  State,*  and  after  accomplishing  the  same,  returned  to 
their  Chamber  and  resumed  the  consideration  of  business. 

The  following  Bills,  passed  in  the  house  of  Representatives,  were 
sent  to  the  Governor  and  Council  for  their  revision  &c.  "An  act  lay- 
ing a  Tax  of  four  cents  per  acre  on  the  Town  of  Lemington,"  and  "An 
act  for  the  relief  of  Josiah  Jaquith  the  2»<*'"  which  were  severally  read, 
and  it  was  Resolved,  To  concur  with  the  house  in  passing  the  said  Bills 
into  Laws. 

The  following  Message  was  transmitted  from  the  house:  "In  General 
Assembly  Oct'-  29***'  1805.  Resolved,  that  this  house  do  concur  with  the 
Governor  and  Council  in  their  amendment  to  the  Bill  Entitled  "An  act 
pointing  out  the  method  of  establishing  the  lands  divided  into  severalty" 
Ac. ;  And  also  in  the  amendment  proposed  to  the  Bill  Entitled  "an  act 
in  addition  to  an  act  incorporating  certain  persons  therein  named  by 
the  name  of  the  Rutland  and  Stockoridge  Turnpike  Company.''  Extract 
from  the  Journals,     Att.     Martin  Post  Clk." 

An  act  laying  a  Tax  of  Three  Cenis  j)er  acre  on  the  Town  of  Walden 
was  received  from  the  house  with  this  order  thereon:  "In  General  As- 
sembly Oct'-  30***'  1805.  This  Bill  was  bro*-  in  on  leave  by  M'-  Stanley, 
read  and  referred  to  the  Third  Land  Tax  Committee  to  join.     Attest 


^  Benjamin  Emmons  jr.  was  elected. 


Governor  and  Council — October  1805.  86 

Martin  Po8t  Clk."— which  was  read  and  the  reference  thereon  concur- 
red in. 

The  Committee  on  the  Bill  Entitled  '^An  act  in  addition  to  an  act  En-- 
titled  an  act  constituting  the  Supreme  Court  of  Judicature"  &c.  reported 
sundry  amendments,  which  were  adopted,  and  then  it  was  Resolved,  To 
concur  with  the  house  in  passing  the  said  Bill  into  a  Law  with  the  said 
proposals  of  amendment,  and  M'-  Galusha  appointed  to  acquaint  the 
house  therewith  &  assign  the  reasons. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  empowering  the  Proprietors  of  Lutterloch  to  resurvey  their  first 
division  of  lots,''  was  sent  to  the  Governor  and  Council  for  their  revision 
&c.  read  and  referred  to  M'-  Wright. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
*'An  act  to  enable  the  Selectmen  of  the  several  Towns  in  this  State  to 
lay  out  private  Roads,"  was  sent  to  the  Governor  and  Council  for  their 
revision  &c,  which  was  read  and  referred  to  M'-  Fletcher) 

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  laying  a  Tax  of  three  Cents  per  acre  on  the 
Town  of  Faystown,"  was  sent  to  the  Governor  and  Council  for  their  re- 
vision &c.  which  was  read  and  on  motion  Resolved,  To  concur  with  the 
house  in  passing  the  said  Bill  into  a  Law. 

The  Committee  on  the  Bill  Entitled  '*Au  act  to  revive  an  act  laying  a 
Land  Tax  on  Greensboro',"  reported  an  amendment  to  be  made  therein, 
which  was  adopted,  and  then  it  was  Resolved,  To  concur  with  the  house  in 
passing  the  said  Bill  into  a  Law,  with  the  said  Proposal  of  amendment, 
and  M*^-  Galusha  appointed  to  acquaint  the  house  therewith,  assign  the 
reasons  for  the  same  and  request  their  concurrence. 

The  Committee  on  the  Bill  Entitled  "An  act  in  addition  to  an  act  En- 
titled an  act  laying  a  Tax  on  each  acre  of  land,  Public  rights  excepted, 
in  the  Town  of  Strattou,"  &c,  reported  sundry  amendments  to  be  made 
therein,  which  were  adopted,  and  then  it  was  Resolved,  To  concur  with 
the  house  in  passing  the  said  Bill  into  a  Law,  with  the  said  Proposals  of 
amendment,  and  M'-  Loomis  appointed  to  acquaint  the  house  therewith 
&  assign  the  reasons  of  Council. 

An  act  directing  the  Treasurer  of  this  State  to  credit  the  Town  of 
Derby  the  sum  therein  mentioned,  was  received  from  the  house  with 
this  order  thereon:  '*  In  General  Assembly  Oct'-  30,  1805.  This  Bill 
was  brought  in  on  motion  of  leave  by  M'-  Hinman,  read  and  referred  to 
the  Committee  on  State  Taxes  to  join  &c.  Att.  M.  Post  Clk  "—which 
was  read,  and  the  said  reference  thereon  concurred  in. 

A  Petition  from  the  Inhabitants  of  Wardsboro'  was  received  from  the 
house  with  these  orders  thereon:  "  In  General  Assembly  Oct'-  17, 1805. 
Bead  and  Referred  to  Mess.  Hutchins,  Keuneday  [Kennedy,]  Scott, 
Bowles  &  Taylor.  Oct'-  25,  report  read  and  recommitted  to  the  same 
Committee.  Oct'-  30,  Ordered,  that  the  Committee  on  this  Petition  join 
Committee  from  Council.  Attest  M.  Post  Clk  " — which  was  read,  and 
Ordered,  That  M'-  Shepardson  join  the  said  Committee  from  the  house. 

On  Motion  of  M'-  Keyes,  he  had  leave  to  bring  in  a  bill  to  repeal  the 
Fifth  Section  of  an  act  in  addition  to  an  act  incorporating  certain  per- 
sons therein  named  by  the  name  of  the  Rutland  and  Stockbridge  Turn- 
f)ike  Company,  passed  Oct'-  29*^'  1805,  which  isectiou  gives  to  the  Legis- 
ature  the  right,  at  the  end  of  fitty-five  years,  to  lessen  the  Toll  on  s** 
Tarnpike,  which  Bill  was  accordingly  introduced,  read  and  Ordered, 
That  it  lie  on  the  Table. 

The  Committee  on  the  Bill  Entitled  '^An  act  regulating  the  pncking 


86  Governor  and  Council — October  1805. 

and  sale  of  lime/'  reported  sundry  amendments,  which  the  Council 
rejected,  and  it  was  on  motion  Resolved,  To  concur  with  the  house  in 
passing  the  said  Bill  into  a  Law. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Danville,  Thursday,  October  .31»*'  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  Petition  from  Joseph  C.  Bradley  was  sent  from  the  house  with  these 
ordcr^Ji  thereon:  '4n  General  Assembly  Oct'- lo*^*  1805:  liead  and  re- 
ferred to  Mes*-  Keed,  Tubbs  and  J.  Fitch.  Ocf-  29**''  Report  read  and 
recommitted  to  former  Committee  to  state  facts  and  make  report  and 
Mes^••  Ilurd  and  Henry  addc<l  to  the  Committee.  Oct'- .W**  Ordered 
that  the  Committee  on  this  Petition  join  a  Committee  from  Council. 
Attest  Martin  Post  Clk"- which  was  read  and  M'-  Witherell  appointed 
to  join  the  aforesaid  Committee  from  the  house  on  said  Petition. 

An  Engrossed  Bill,  pasjsed  in  the  House  of  Representatives,  Entitled 
'•An  act  supplementiuy  to  an  act  Incorporating  certain  persons  therein 
mentioned  by  \\\v  name  of  the  Weathersfield  Turnpike  Company,'"  was 
sent  to  the  Governor  and  Council  for  their  revision  &c.  which  was  read, 
and  on  motion  Resolved,  fo  concur  with  the  hjuse  in  passing  the  said 
Bill  into  a  Law. 

Benjamin  Swan  Esquire  apj)eared  in  the  Council  Chamber,  produced 
his  J^ondH  for  the  faithful  execution  of  the  Office  of  Treasurer  of  the 
State  of  Vermont  f«»r  the  year  ensuing,  which  were  approved  by  the 
Governor  and  Council,  and  the  O.nths"  prescribed  by  the  Constitution 
and  Laws  of  this  State  were  administered  to  him  by  his  Honor  the  L** 
Governor. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representatives, 
were  sent  to  the  Governor  and  Council  tor  their  revision  &c.  "An  act 
laying  a  Tax  of  four  cents  on  the  acre  in  the  town  of  Glover,"  and  *'An 
act  laying  a  Tax  of  three  Cents  per  acre  on  the  Town  of  St.  Albans," 
which  were  severally  read,  and  it  was  Resolved,  To  concur  with  the 
house  in  passing  thesaid  Bills  into  Laws. 

The  Committee  on  the  liill  Entitled  ''An  act  impowering  the  Select- 
men of  the  several  Towns  in  this  State  to  lay  out  private  Roads  &c." 
reported  that  it  ought  to  pass  without  amendment,  which  report  was 
not  accepted,  and  on  motion  it  was  Resolved,  To  nonconcur  with  the 
house  in  passing  the  said  Bill  into  a  Law,  and  for  the  following  reasons 
— It  ap|)ears  to  the  Governor  and  Council  that  the  several  acts  already 
existing  make  ample  ])rovision  on  that  subject,  particularly  the  act 
reducing  into  one.  tlie  several  acts  for  laying  out,  making,  repairing  and 
clearing  highways,  and  an  act  in  addition  to  the  said  act,  passed  Nov'  7. 
1800.  And  whatever  the  pro]>osed  Bill  embraces,  more  than  the  several 
acts  alluded  to  provide  for,  the  Governor  and  Council  are  of  opinion  is 
unnecessary. 

An  act  to  repeal  the  clause  of  an  act  therein  mentioned  was  again 
read,  and  referred  to  Mess*-  Witherell,  Keves  &  White. 

Adjourned  to  2  OY^h)ck  P.  M. 

2  O'clock  P.  M.— The  following  Engrossed  Bills,  pas.se<l  in  the  house 
of  Representatives,  were  sent  to  the  Governor  and  Council  for  their  re- 
vision &c.  ''An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the  town 
of  Ryejjate,-'  and  *'An  act  laying  a  Tax  of  Three  Cents  per  acre  on  Cov- 
entry," which  were  severally  read,  and  it  was  Resolved,  To  concur  with 
the  house  in  passing  the  said  Bills  into  Laws. 


Governor  and  Council — November  1805.  87 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
'*  an  act  to  authenticate  certain  records  of  the  Town  of  Burke,"  was  seni 
to  the  Governor  and  Council  for  their  revision  «&e.  which  was  read  and 
on  motion  referred  to  M'-  Looinis. 

The  Committee  on  the  Bill  Entitled  ''An  act  empowering  the  Propri- 
etors of  Lutterloch  [Albany]  to  resurvey  their  first  division  of  lots,"  re- 
ported that  it  ought  to  pass,  whereupon  it  was  Resolved,  To  concur  with 
the  house  in  passing  the  said  Bill  into  a  Law. 

The  Committee  on  the  "act  to  repeal  the  clause  of  an  act  therein 
mentioned,"  reported  an  amendment  to  be  made  therein,  which  was  re- 
jected, and  on  the  motion  shall  the  said  bill  pass  and  be  sent  to  the 
house  for  their  concurrence,  it  was  Resolved,  That  it  do  not  pass,  and 
on  motion  M'-  Keyes  had  leave  to  withdraw  the  said  Bill. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
**  An  act  to  incorporate  a  Bank  "  [at  Burlington]  was  sent  to  the  Gover- 
nor and  Council  for  their  revision  &c.  which  was  read,  and  on  motion 
Resolved,  To  nonconcur  with  the  house  in  passiuir  the  said  Bill  into  a 
Law,  and  for  the  same  reasons  which  were  assigned  for  the  ntmconcur- 
rence  of  the  Governor  and  Council  to  the  Bill  to  incorporate  a  Bank 
the  28*  Instant. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  in  addition  to  an  act  Entitled  An  act  to  incorporate  the  Propri- 
etors of  an  Acqueduct  in  Middlebury,"  was  sent  to  the  Governor  and 
Council  for  their  revision  «&c.  and  being  read  and  considered,  it  was  Re- 
solved, To  concur  with  the  house  in  passing  the  said  Bill  into  a  Law. 

An  act  incorporating  certain  Turnpike  Companies  in  the  western 
Counties  in  this  State  was  received  from  the  house  with  these  orders 
thereon:  **In  General  Assembly  Oct'  29*^'  1805.  This  Bill  reported  by 
the  First  Turnpike  Committee,  the  report  was  accepted,  and  the  Bill 
read  and  ordered  to  lie  on  the  Table  &  be  the  order  of  the  day  tomorrow 
afternoon.  Oct'-  31,  called  un.  amended,  and  Committed  to  the  F'irsi 
Turnpike  Committee  to  join  ccc.  Atl.  M.  Post  Clk." — wiiich  order  ol 
the  house  on  the  said  Bill  was  concurred  in. 

M'-  Keyes  on  motion  brought  in  a  Bill  Entitled  "An  act  exenjpting 
the  Towns  of  this  State  from  the  payment  of  State  Taxes  in  a  certain 
case  therein  mentioned,"  which  was  read  &  Ordered,  That  it  lie  on  the 
Table. 

M'*  Keyes  asked  and  obtained  leave  of  absence  after  tomorrow  for  the 
remainder  of  the  Session. 

Adjourned  to  9  O'clk  Tomorrow  morning. 


Friday  November  l-*-  1805,  9  O'clock  A.  M. 

Tlie  Council  met  pursuant  to  adjournment. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
'•An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the  Town  of  Plym- 
outh," was  sent  to  the  Governor  and  Council  for  revision  &c.  wMiich  was 
read  &  Resolved  to  concur  with  the  house  in  pa.ssing  the  sai<'  Bill  into  a 
Law. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
'*An  act  establishing  a  Corporation  by  the  name  of  the  Boston  and 
Montreal  Turqpike  Company."  was  sent  to  the  Governor  and  Couneil 
for  their  revision  &c.  and  being  read,  it  was  Ordered,  To  lie  on  the 
Table. 

'•An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the  town  of  Granl.y" 
was  received  from  the  house  with  this  order  thereon:    *'ln  Genei;j|  A^- 


88  Q-avemor  and  Council — November  1805. 

sembly  Nov.  1, 1805.    Read  and  Committed  to  the  Third  Land  Tax 
Committee  to  join  &c.     Att.    M.  Post  Clk" — which  was  read,  and  the 
said  reference  concurred  in. 
Adjourned  to  2  O'clock  P.  M. 

2  O'CLOCK  P.  M.— The  Committee  on  the  Bill  Entitled  "An  act  to 
authenticate  certain  records  of  the  Town  of  Burke,"  reported  sundry 
amendments  to  be  made  therein,  which  were  rejected,  and  on  motion 
it  was  Resolved,  To  concur  with  the  house  in  passing  the  said  [bill] 
into  a  Law. 

The  L*-  Governor  on  motion  introduced  the  following  resolution: 
''Resolved,  That  his  Excellency  the  Governor  be  requested  to  issue  his 
Proclamation  appointing  Wednesday  the  Sixteenth  day  of  April  next  as 
a  day  of  Public  humiliation,  fasting  and  praise  throughout  this  State" — 
which  was  read  &  adopted. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
''An  act  appointing  a  Committee  to  lay  out  a  Road  from  Barre  to  Wal- 
den,"  was  sent  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. 

"An  act  exempting  the  Towns  of  this  State  from  the  Payment  of  State 
Taxes  in  a  certain  case  therein  mentioned"  was  again  read,  and  on  the 
question  shall  the  Bill  pass  and  be  sent  to  the  house  for  their  concur- 
rence, it  passed  in  the  negative. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  to  free  the  person  of  David  Robbins  from  arrest  for  the  term  of 
three  years,"  was  sent  to  the  Governor  and  Council  for  their  revision  &c. 
which  was  read,  and  un  motion  Resolved,  To  concur  with  the  house  in 
passing  the  same  into  a  Law. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Danville,  Saturday,  November  2"»d'  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  resolution  was  received  from  the  house:  "In  General 
Assembly  Nov.  1, 1805.  Resolved,  the  Governor  and  Council  concurring 
therein,  that  both  houses  of  the  Legislature  meet  in  joint  Committee,  in 
the  Representatives''  room,  at  the  opening  of  the  house  tomorrow  morn- 
ing, for  the  purpose  of  making  furtlier  appointments  of  County  Officers. 
Read  and  Passed,  Attest  M.  Post  Clk" — which  was  read  and  concurred. 

The  Governor  and  Council  accordingly  immediately  proceeded  to  the 
Representatives'  room  for  the  purpose  expressed  in  the  above  resolution, 
and  the  business  of  the  joint  Conmiittee  being  accomplished,  it  was  dis- 
solved, and  the  Governor  and  Council  returned  to  their  chamber  and 
resumed  the  consideration  of  business. 

The  Petition  of  Stephen  Fisk,  on  which  M*^-  Keyes  had  formerly 
joined  a  Committee  from  the  house,  was  laid  on  the  Table  of  Council, 
and  M'-  Shepardson  appointed  to  join  the  said  Committee  from  the 
house  on  said  Petition.  * 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representa- 
tives, were  sent  to  the  Governor  and  Council  for  their  revision  &c.  *'An 
act  granting  tlie  exclusive  privilege  of  keeping  a  ferry  to  Richard  Mott 
and  Ira  Fox;  An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the  Town 
of  Cambridge;  An  act  laying  a  Tax  of  Three  Cents  per  acre  on  the 
Town  of  Walden,"  and  "An  act  laying  a  Tax  of  Three  Cents  per  acre 
on  the  Town  of  Wolcott,"  which  were  severally  read,  and  it  was  Re- 
solved, To  concur  with  the  house  in  passing  the  said  Bills  into  Laws. 


Oavemor  and  Council — November  1806.  89 

**An  act  granting  a  Tax  of  one  half  cent  per  acre  on  the  Lands  in  the 
Township  of  Alburgh,  as  granted  by  Charter,"  was  received  from  the 
house  with  this  order  thereon:  *'In  General  Assembly  Nov.  2,  1805. 
This  Bill  was  brought  in  on  motion  of  leave  by  M""-  Shaw,  read  and  Com- 
mitted to  the  Second  Land  Tax  Committee  to  join  &c.  Attest  Martin 
Post  Clk.'" — which  was  read  and  the  said  reference  concurred  in. 

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  organizing  the  County  of  Grand  Isle,  and 
fixing  the  time  of  holding  the  Courts  therein,"  was  sent  to  tlie  Governor 
and  Council  for  their  revision  &c.  and  bein^  read,  it  was  Resolved,  To 
concur  with  the  house  in  passing  the  said  Bill  into  a  Law. 

The  following  written  messajje  was  transmitted  from  the  house:  "In 
General  Assembly  Nov.  2,  1805.  Resolved  to  concur  with  the  Gov- 
ernor and  Council  in  their  amendments  to  the  Bill  Entitled  ''An  act  in 
addition  to  an  act  constituting  the  Supreme  Court  of  Judicature  "  &c. 
And  the  Bill  has  become  a  Law  of  this  State.  Extract  from  the  Jour- 
nals,    Att.     M.  Post  Clk." 

An  act  establishing  a  State  Bank  was  again  received  from  the  house 
with  these  orders  &c.  thereon:  "In  General  Assembly  Nov.  2,  1805. 
Report  of  the  joint  Committee  as  follows  accepted— To  the  Hon^-  Gen^ 
Assembly  now  sitting.  The  Committee  to  whom  was  referred  'the 
within  Bill,  report  it  as  their  opinion,  that  allho'  the  Bill  seems  to  be 
totally  inadequate  to  the  object  pr()p<»sed,  it  is  nevertheless  expedient, 
that  the  General  Assembly  should  go  into  such  a  consideration  of  the 
subject  as  shall  lead  to  a  thorough  investigation  of  its  principles,  practi- 
cability and  Policy.  N.  Niles  for  Com® — and  the  Bill  and  report  com- 
mitted to  Mes*-  White,  Crafls,  Chase,  S.  Porter  and  Bullock,  to  join 
Committee  from  Council  to  draught  a  new  Bill.  Attest  M.  Po^t  Clk." 
— which  Bill,  report,  and  orders  of  the  house  thereon  being  read,  it  was 
Ordered,  that  M'-  Niles  and  the  L*  Governor  join  the  said  Committee 
from  the  house. 

On  motion,  Resolved,  That  Mes"-  Wheelock  and  Shepardson  be  a  Com- 
mittee from  Council,  to  join  such  Committee  as  the  house  of  Represent- 
atives may  appoint,  to  receive  and  distribute  the  Election  Sermons,  and 
Proclamations  for  a  day  of  Thanksgiving  and  Praise.  Ordered,  That 
the  Secretary  carry  the  above  resolution  to  the  house. 

Adjourned  to  9  O'clock  Monday  Morning. 


Danville,  Monday,  November  4**'»  1805,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representa- 
tives, were  sent  to  the  Governor  and  Council  for  their  revision  and  con- 
currence or  proposals  of  amendment:  *'  An  act  assessing  a  Tax  on  the 
County  of  Chittenden;  An  act  directing  the  appn»prialion  of  the  Lands 
in  this  State  heretofore  j^ranted  by  theGovernment  of  Great  Britain  to  tlie 
Church  of  England  as  by  Law  established;  An  act  laying  a  Tax  of  Two 
Cents  per  acre  on  the  Town  of  Barnet;  An  act  laying  a  Tax  of  Four 
Cents  per  acre  on  the  town  of  Wenlock;"  and  "An  act  to  extend  the 
qualifications  of  Freeholders  to  Lissees  tor  long  terms  of  years,"  which 
oillp  were  severally  read,  and  it  was  Resolved,  To  concur  with  the 
hoQse  in  passing  each  of  them  into  Laws. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives.  Entitled 
"Ad  act  to  i^icorporate  an  Artillery  Company  by  the  name  of  the  Bur- 


90  O-ovemor  and  Council — November  1805. 

lin^toD  Volunteers,''  was  sent  to  the  Governor  and  Council  for  their  re- 
vision and  Concurrence  or  proposals  of  amendment,  which  was  read  and 
Referred  to  Mes»-  Witherell  &  Shepardson. 

A  Petition  from  the  Colonels  Forbes  and  Hodgkins,  representing  the 
situation  of  the  First  Brigade  in  the  Fourth  Division,  otherways  the 
Seventh  Brigade  of  our  Militia,  was  introduced  by  the  Governor,  read, 
and  Referred  to  the  Militia  Committee  to  join  from  the  house. 

The  act  Establishing  a  Corporation,  by  the  name  of  the  Boston  and 
Montreal  Turnpike  Company,  was  again  read  and  on  motion  Ordered, 
That  it  be  referred  to  Mess*-  Galusha  and  Loomis. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  following  written  message  was  transmitted 
from  the  house:  *"  In  General  Assembly  Nov.  4**»'  1^5.  Resolved,  that 
this  house  do  concur  with  the  Governor  and  Council  in  their  amend- 
ments to  the  -Bill  Entitled  "An  act  to  revive  an  act  laying  a  Land  Tax 
on  Greensboro',"  the  Bill  Entitled  "An  act  in  addition  to  an  act  laying 
a  Tax  of  Two  Cents  per  acre  on  each  acre  of  land  in  the  Town  of  Stral- 
ton,"  and  the  Bill  Entitled  "An  act  in  addition  to  an  act  laying  a  Tax  of 
Three  Cents  per  acre  on  the  Town  of  Northfield,"  &c.  Extract  from  the 
Journals,    Attest  M.  Post  Clk." 

Tlie  following  Resolution  was  received  from  the  house:  "In  General 
Assembly  Nov.  4***«  1805.  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  both  houses  of  the  Legislature  meet  in  the  Represent- 
atives' Room,  on  Thursday  next  at  two  o'clock  P.  M.  for  the  puruose  of 
adjourning  the  General  Assembly  without  day.  Read  and  Aaopted. 
Attest  M.  Post  Clk  " — which  was  read,  and  Ordered  to  lie  on  the  Table. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  for  explaining  and  altering  the  Laws  concerning  the  Prosecu- 
tion of  crimes  in  this  State,"  was  sent  to  the  Governor  and  Council  for 
their  revision  &c.  and  being  read  it  was  Ordered,  That  it  be  committed 
to  Gov.  Brigham  &  M""-  Galusha. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  in  explanation  of  an  act  regulating  Marriage  and  Divorce,"  was 
sent  to  the  Governor  and  Council  for  their  revision  &c.  which  was  read 
and  referred  to  Mes*-  Niles  &  Witherell. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
'*An  act  in  addition  to  an  act  establishing  a  Corporation  by  the  name  of 
the  Williamstown  Centre  Turnpike  Company,"  was  sent  to  the  Governor 
and  Council  for  revision  &c.  &  being  read  it  was  Resolved,  To  concur 
with  the  house  in  passing  the  said  Bill  into  a  Law. 

The  Committee  on  the  act  establishing  a  Corporation  by  the  name  of 
the  Boston  and  Montreal  Turnpike  Company,  reported  sundry  amend- 
ments thereto,  which  were  adopted,  and  it  was  Resolved,  To  concur  with 
the  house  in  passing  the  said  Bill  into  a  Law,  and  M^*  Galusha  appointed 
to  acquaint  tne  house  therewith,  inform  them  of  the  reasons  of  Council 
in  proposing  the  said  amendments  and  request  their  concurrence  thereto. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representatives, 
were  sent  to  the  Governor  and  Council  for  their  revision  &c.  "An  act 
directing  the  credit  of  fourteen  Dollars  and  Seventy  Cents  to  be  given 
to  the  Town  of  Groton,"  and  "An  act  to  revive  an  act  Entitled  an  act 
laying  a  Tax  of  one  and  a  half  Cent  on  each  acre  of  land  in  Middlesex." 
which  Bills  were  severally  read,  and  it  was  Resolved,  To  concur  with 
the  house  in  passing  them  into  Laws. 

An  act  to  revive  an  act  laying  a  Land  Tax  on  Random  [Brighton,] 
and  to  alter  the  appointment  of  the  Committee,  was  sent  from  the  hous« 
with  this  new  oraer  thereon:    ^*In  General  Assembly  Nov.  4^*  180o. 


Governor  and  Council — November  1805.  91 

Read  and  Referred  to  the  Third  Land  Tax  Committee  to  join  &c.    Att. 
M.  Post  Clk" — which  was  read  and  the  said  reference  concurred  in. 
Adjourned  to  9  O'clock  Tomorrow  Morning. 


Tuesday,  November  b^  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  Bills,  passed  in  the  house  of  Representatives,  were  sent 
to  the  Governor  and  Council  for  their  revision  &c.  "An  act  directing 
the  Treasurer  of  the  State  to  credit  the  Town  of  Barre  the  sum  therein 
mentioned,"  and  "An  act  authorising  the  Proprietors  of  the  Town  of 
Pan  ton  to  confirm  f  nd  complete  the  division  of  their  Lands,"  which 
were  severally  read,  and  it  was  on  motion  Resolved,  To  concur  with  the 
house  in  passing  the  said  Bills  into  Laws. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
'*An  act  appointing  a  Committee  to  lay  out  and  survey  a  County  Road 
from  the  Court  House  in  Danville  to  or  near  the  mouth  of  Weld's 
[Wells]  River,"  was  sent  to  the  Governor  and  Council  for  their  revision 
&c.  and  being  read,  it  was  Ordered,  That  it  be  referred  to  Mess*-  With- 
erell,  Niles  and  White. 

The  Committee  on  the  act  for  altering  and  explaining  the  Laws  con- 
cerning the  prosecution  of  Crimes  in  this  State,  reported  sundry  amend- 
ments to  the  said  Bill,  which  were  adopted,  and  then  it  was  Resolved, 
To  concur  with  the  house  in  passing  the  .said  Bill  into  a  Law,  as 
amended,  and  M'-  Witherell  appointed  to  acquaint  the  House  with  the 
reasons  of  Council  in  ])roposing  the  same. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
**An  act  restoring  Ezekiel  K.  Bigelow  to  his  Law,"  was  sent  to  the  Gov- 
ernor and  Council  for  their  revision  &c.  and  being  read,  it  was  on  mo- 
tion amended,  and  then  it  was  Resolved,  To  concur  with  the  house  in, 
passing  the  same  into  a  Law,  with  the  amendments,  and  M'-  Wright 
appointed  to  acquaint  the  house  with  the  reasons  of  Council  in  propos- 
ing the  same. 

Adjourned  to  2  OVlock  P.  M. 

2  O'clock  P.  M. — An  Engrossed  Bill,  pa.^sed  in  the  house  of  Repre- 
sentatives, Entitled  ''An  act  in  addition  to  an  act  Entitled  an  act  regu- 
lating the  conveyance  of  real  estates,  and  for  the  prevention  of  Frauds 
therein,"  was  sent  to  the  Governor  and  Council  lor  their  revision  &c. 
which  was  read  and  on  motion  Resolved,  To  nonconcur  with  the  house 
in  passing  the  said  Bill  into  a  Law,  and  an  act  embracing  the  same 
•bject.  tho'  in  a  difl'ercnt  form.  Entitled  "An  act  to  authenticate  the 
acknowledgment  of  Deeds  in  a  certain  case  therein  mentioned,"  was  in- 
trcHluccd,  read  an<l  passed,  and  Ordered  to  be  sent  to  the  house  for  their 
concurrence,  and  M*^  Witherell  appointed  to  carry  both  of  the  said  Bills, 
to  the  house  and  acquaint  that  body  with  the  reasons  that  induced  the 
Council  to  propose  the  said  substitute. 

The  Committee  on  the  Bill  Entitled  "An  act  in  addition  to  and  in  ex- 
planation of  an  act  regulating  Marriage  and  Divorce,"  reported  these 
amendments  to  be  made  thereto — The  title  of  the  Bill  to  be  "An  act 
empowering  the  Supreme  Court  to  grant  Bills  of  Divorce,  and  repealing 
certain  acts  therein  mentioned.''  In  the  Fitlh  Section,  after  the  word 
"That"  in  the  first  line,  erase  the  whole  Section  and  add  the  following, 
"the  several  acts  heretofore  passed,  vesting  a  power  in  the  Supreme 
Coart  to  grant  Bills  of  Divorce  and  regulating  proceeding  therein,  be 
and  the  same  hereby  are  repealed," — which  was  adopted,  and  then  Re- 


92  Governor  and  Council — November  1805. 

solved.  To  concur  with  the  house  in  passing  the  said  Bill  into  a  Law  as 
amended,  and  Ordered,  that  the  Secretary  acquaint  the  house  therewith. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  directing  the  Auditor  of  Accounts  against  this  State  to  audit 
and  allow  the  accounts  of  Richard  Whitney  Esquire,  late  Secretary  to 
the  Governor  and  Council,"  was  sent  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. 

The  Committee  on  the  Bill  Entitled  ''An  act  appointing  a  Committee 
to  lay  out  and  survey  a  County  Road  from  the  Court  House  in  Danville 
to  or"  near  the  mouth  of  Weld's  [Wells]  River,'*  reported  that  it  ought 
to  be  referred  to  the  next  session  of  the  Legislature,  whereupon  it  was 
Resolved,  That  the  said  Bill  be  referred  accordingly,  and  M'-  Chittenden 
appointed  to  inform  the  house  of  the  reasons  of  Council  in  proposing 
the  said  reference  and  request  their  concurrence. 

''An  act  in  addition  to  and  explanation  of  an  act  regulating  Marriage 
and  Divorce,"  to  which  the  Council  had  this  day  made  certain  proposals 
of  amendment,  was  returned  from  the  house  by  M^  Chase  with  this 
order  of  that  Body  thereon:  *'  In  General  Assembly  Nov.  6, 1805.  Read 
and  Resolved  to  nonconcur  with  the  Governor  and  Council  in  their  amend- 
ments proposed  to  this  Bill,  and  M'-  Chase  appointed  a  Committee  to 
carry  up  the  Bill  to  the  Governor  and  Council  and  assign  the  reasons  of 
the  house.  Attest  Martin  Post  Clk"— and  after  he  had  assigned  the 
reasons,  he  withdrew — whereupon  it  was  Resolved,  To  rescind  from  the 
said  proposals  of  Amendment,  in  which  the  house  have  nonooncurred, 
and  that  this  amendment  be  proposed  to  be  added  to  the  said  Bill:  after 
the  word  "  Seven."  in  the  Sixth  line  of  the  Fifth  Section,  insert  these 
words  "  and  the  First  Section  of  an  act  in  addition  to  an  act  Entitled  an 
act  regulating  Marriage  and  Divorce,  passed  Nov.  12^«  1802,"  and  alter 
the  title  of  the  Bill  so  as  to  read  ''An  act  to  empower  the  Judges  of  the 
Supreme  Court  to  grant  Bills  of  Divorce,  and  to  repeal  parts  of  certain 
acts  therein  mentioned,"  and  M'^-  Loomis  was  appointed  to  inform  the 
house  of  the  reasons  of  Council  in  proposing  the  same. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
*'  An  act  explanatory  of  a  provision  in  sundry  Turnpike  grants,"  was 
sent  to  the  Governor  and  Council  for  their  revision  &c.  which  was  read, 
and  Ordered,  That  it  be  referred  to  Mes*-  Niles,  Wright  and  Galusha  for 
amendment. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  to  incorporate  an  Artillery  Company  in  Whitingham,"  was  sent 
to  the  Governor  and  Council  for  their  revision  &c.  which  was  read  and 
Ordered,  That  it  be  referred  to  M'  Shepardson. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Wednesday,  November  G'**'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

On  motion  of  M'-  Witherell,  Resolved,  To  reconsider  the  order  of 
Council  referring  the  Bill  Entitled  *'An  Act  appointing  a  Committee  to 
lay  out  and  survey  a  County  Road  from  the  Court-house  in  Danville  to 
or  near  the  mouth  of  Weld's  [Wells]  River,"  and  that  it  be  recommitted 
to  the  Committee  heretofore  appointed  by  the  Council  on  the  said  act. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"  An  Act  concerning  Bail,"  was  sent  to  the  Governor  and  Council  for 
their  revision  &c.  and  being  read  it  was  Ordered,  That  it  be  referred  to 
Mes"-  Galusha  and  Loomis. 


Governor  and  Council — November  1805.  93 

An  Engrossed  Bill,  passed  in  the  house  of  KepreHentatives.  Entitled 
''An  net  ^rantin^  the  right  of  making  and  Iceepiug  a  Turnpike  Road 
from  the  lower  Bridge  over  Onion  River  in  Colchester  to  the  Ferry 
from  Middle-hero  [Grand  Isle]  to  Cumberland-head/'  was  sent  to  the 
Governor  and  Council  for  revision  &c.  read  and  Ordered,  That  it  be 
referred  to  M'-  White. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representatives, 
were  sent  to  the  Governor  and  Council  for  their  revision  &c.  "An  act 
layiniz  a  Tax  of  Four  Cents  per  acre  on  Coit's  Gore;  An  act  directing 
the  Treasurer  of  this  State  to  credit  the  Town  of  Derby  the  sura  therein 
mentioned;  An  act  granting  to  Daniel  Calkins  the  sum  therein  men- 
tiom  d;  An  act  in  addition  to  an  act  Entitled  An  act  laying  a  Tax  of 
Thric  Cents  per  acre  on  the  Town  of  Ripton"  &c.  and  "An  act  consti- 
tutiut;  and  appointing  a  Company  of  Grenadeers,"  which  were  severally 
rend,  and  it  was  Resolved,  To  concur  with  the  house  in  passing  the  said 
Bills  into  Laws. 

An  En^rrossed  Bill,  passed  in  the  houJ»e  of  Representatives,  Entitled 
"An  act  incorporating  certain  Turnpike  Companies  in  the  western 
Counties  in  this  State,"  was  sent  to  the  Governor  and  Council  for  their 
revision  &c.  and  being  read,  it  was  Ordered,  That  it  be  referred  to 
Mess*-  Wright,  Galusha  and  White. 

The  following  written  messages  were  transmitted  from  the  house: 
"In  General  Assembly  Nov.  6*^  1805,  Resolved  to  concur  with  the 
Governor  and  Council  in  their  amendments  to  the  Bill  Entitled  "An  act 
establishing  a  Corporation  by  the  name  of  the  Boston  and  Montreal 
Turnpike  Company,"  and  the  Bill  Entitled  "An  act  restoring  Ezekiel  K. 
Bigelow  to  his  Law."  Extract  from  the  Journals,  Attest  M.  Post  Clk." 
In  General  Assembly  Nov.  6, 1805.  Resolved  to  concur  with  the  Gov- 
ernor and  Council  in  passing  the  Bill  Entitled  "An  act  to  authenticate 
the  acknowledgment  of  Deeds  in  a  certain  case  therein  mentioned," 
and  also  Resolved  to  concur  with  the  Governor  and  Council  in  their 
proposed  amendments  to  the  Bill  Entitled  "An  act  explaining  the  Laws 
for  the  prosecution  of  crimes  in  this  State."  Extract  from  the  Journals, 
Attest  M.  Post  Clk."  » 

The  Committee  on  the  Bill  Entitled  "An  act  to  incorporate  an  Artil- 
lery Companv  by  the  name  of  the  Burlington  Volunteers,"  feported 
sundry  amendments  to  be  made  therein,  which  were  adopted,  and  it  was 
Resolved,  To  concur  with  the  house  in  passing  the  said  Bill  into  a  Law 
as  amended,  and  M'-  Witherell  appointed  to  inform  the  house  of  the 
reasons  of  Council  in  proposed  [proposing]  the  said  amendments. 

His  Excellency  the  Governor  made  the  following  Communication  to 
the  Council — 

"Gentlemen  of  the  Council, — I  find  from  the  Commissions  heretofore 
issued  to  the  officers  in  the  Brigade  commanded  by  General  Fuller,  that 
this  Brigade  was  distinguished  as  the  eighth  Brigade,  and  also  from  the 
Commissions  issued  to  the  officers  in  the  Brigade  Commanded  by 
General  Leavensworth,  that  this  Brigade  was  distinguished  as  the 
Seventh  Brigade,  that  there  are  no  documents  in  the  Adjutant  GeneraPs 
Office,  nor  any  uniform  rule  for  numbering  and  distinguishing  the  differ- 
ent Brigades  of  Militia  in  this  State.  I  do  therefore  order  and  direct, 
the  Honorable  Council  advising  me  thereto,  that  the  several  Brigades 
of  Militia  already  formed,  and  which  may  hereafter  be  formed,  shall  be 
distinguished  by  the  First,  Second,  or  Third  Brigade,  as  the  case  may  bi-, 
of  the  Divisions  to  which  they  are  attached. 

Isaac  Tichenor  Governor,  State  of  Fr." 

**  Danville,  Nov.  6, 1805." 


94  Governor  and  Council — November  1805. 

Which  was  read,  and  on  motion  Resolved,  That  the  Council  advise 
his  Excellency  to  make  the  regulations  in  numhering  the  Brigades  of 
Militia  in  this  State  as  is  suggested  in  his  coniniunication. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
**An  act  relating  to  Goals  and  Goalers,  and  for  the  relief  of  persons  im- 
prisoned therein,"  was  sent  to  the  Governor  and  Council  for  their 
revision  &c.  and  heing  read,  it  was  Ordered,  That  it  he  referred  to  M'- 
AVitherell. 

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  laying  a  Tax  of  Three  Cents  per  acre  on 
the  Town  of  Easthaven,"  was  sent  to  the  Governor  and  Council  for  their 
revision  &c  and  after  being  read,  it  was  Resolved,  To  concur  with  the 
house  in  passing  the  said  Bui  into  a  Law. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  incorporating  the  Passumpsic  Turnpike  Company,"  and  also 
"An  act  establishing  a  Corporation  by  the  name  of  the  Woodstock  and 
Rutland  Turnpike  Company,"  were  sent  to  the  Governor  and  Council 
for  their  revision  &c.  read,  and  Ordered,  That  they  be  referred  to  Mess*- 
Niles  and  Loomis. 

The  Committee  on  the  Bill  Entitled  "an  act  incorporating  certain 
Turnpike  Companies  in  the  JTestern  Counties  of  this  State,"  reported 
sundry  amendments  to  be  made  therein,  which  were  adopted,  and  on 
Motion  it  was  Resolved,  To  concur  with  the  house  in  passing  the  said 
Bill  into  a  Law  as  amended,  and  M'-  Galusha  appointed  to  inform  the 
house  of  the  reasons  of  Council  in  proposing  the  said  amendments. 

The  Committee  on  the  Bill  Entitled  "  An  act  granting  the  right  of 
making  and  keeping  a  Turnpike  Road  from  the  lower  bridge  over  Onion 
River  in  Colchester  to  the  Ferry  from  Middle-Hero  to  Cumberland 
head,"  reported  sundry  amendments  to  be  ma<le  therein,  which  were 
adopted,  and  then  it  was  Resolved,  To  concur  with  the  house  in  passing 
the  said  Bill  into  a  Law  as  amended,  and  M'-  Loomis  appointed  to  in- 
form the  house  of  the  reasons  of  Council  in  proposing  the  said  amend- 
ments. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Thursday,  Nov.  7^^  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Resolution  from  the  house  for  adjourning  both  houses  was  again 
read,  and  on  motion  amended  by  inserting  "'  Friday  at  11  O'clock  in  the 
forenoon,"  and  erasing  "  Thursday  next  at  2  O'clock  in  the  afternoon," 
and  Resolved,  To  concur  with  the  house  therein  as  amended. 

The  Committee  on  the  Bill  Entitled  "  An  act  concerning  Bail,"  re- 
ported sundry  amendments  to  be  made  therein,  which  were  adopted,  A 
Resolved,  To  concur  with  the  house  in  passing  the  same  into  a  Law  as 
amended,  and  M'*  Galusha  appointed  to  acquaint  the  house  with  the 
reasons  of  Council  in  proposing  the  said  amendments. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representa- 
tives, were  sent  to  the  Governor  and  Council  for  their  revision  i^c.  "An 
act  laying  a  Tax  of  Three  Cents  per  acre  on  the  Town  of  Newark  for 
the  purposes  therein  mentioned;  An  act  laying  a  Tax  of  Five  Mills  on 
the  Dollar  on  the  list  of  the  Polls  and  RiUeable  Estate  of  the  Inhabit- 
ants of  the  County  of  Franklin  &c.;  An  act  laying  a  Tax  of  Three 
Cents  per  acre  on  the  Town  of  Brunswick,  and  An  act  relating  to  State 


Q-ovemor  and  Council — November  1805.  95 

Printing,"  which  were  severally  read,  and  it  wjvs  Resolved,  To  concur 
with  the  h(»use  in  passing  each  of  them  into  Laws. 

The  Coiumittoc  on  the  Bill  Entitled  "An  Act  establishing  a  Corpora- 
tion by  th(!  name  of  the  Woodstock  and  Rutland  Turnpike  Company,"' 
reported  several  amendments  to  be  made  therein,  which  were  adopted, 
nud  then  it  was  Resolved,  To  concur  with  the  house  iu  passing  the  same 
into  a  Law  as  amended,  and  M'*  Loomis  appointed  to  inform  the  house 
with  the  reasons  of  Council  in  proposing  the  said  amendments. 

'*An  act  in  explanation  of  an  act  laying  a  Tax  on  Wenlock,"  was  re- 
ceived from  the  house  with  this  order  thereon:  "  In  General  Assembly 
Xov.  ()^  lsr)5.  This  Bill  was  brought  in  by  M'-  French,  read  and  re- 
ferred to  the  First  Land  Tax  Committee  to  join  &c.  Att.  M.  Post  Clk  " 
—  whirh  was  read  and  the  reference  of  the  house  concurred  in. 

An  Engrossed  Bill,  passed  in  the  .house  of  Representatives,  Entitled 
"An  act  establishing  a  Corporation  by  the  name  of  the  Missisquoi  Turn- 
pike Company,''  was  sent  to  the  Governor  and  Council  for  their  revision 
&e.  which  was  read,  and  on  motion  Ordered,  That  it  be  referred  to  M'- 
Loomi?*. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
'*Ad  act  establishing  a  Corporation  by  the  name  of  the  Mad  River  Turn- 
pike Company,"  was  sent  to  the  Governor  and  Council  for  their  revision 
&c.  which  was  read,  and  on  motion  Ordered,  That  it  be  referred  to  M*^- 
Gralusha. 

The  Committee  on  the  Bill  Entitled  ''An  act  incorporating  the  Pas- 
sumpsic  Turnpike  Company."  reported  several  amendments  to  be  made 
therein,  which  were  adopted,  and  on  motion  Resolved,  To  concur  with 
the  house  in  passing  the  same  into  a  Law,  as  amended,  and  M'-  Loomis 
appointed  to  inform  the  house  of  the  reasons  of  Council  in  proposing  the 
said  amendments. 

The  Committee,  to  whom  was  recommitted  the  Bill  Entitled  "An  act 
appointing  a  Committee  to  lay  out  and  survey  a  County  Road  from  the 
Court-house  in  Danville  to  or  near  the  mouth  of  Weld's  [Wells]  River," 
reported  that  it  ought  to  be  referred  to  the  next  session  of  the  Legisla- 
ture, whereupon  it  was  Resolved,  The  house  of  representatives  concur- 
ring therein,  that  the  said  Bill  be  referred  to  the  next  Session  of  the 
Legislature,  and  M'-  Chittenden  appointed  to  inform  the  house  of  the 
reasons  which  induced  the  Council  to  propose  the  said  reference. 

The  Committee  on  the  Bill  Entitled  "An  act  to  incorporate  an  Artil- 
lery Company  in  Whitingham,"  reported  sundry  amendments  to  be 
made  therein!  which  were  adopted,  &,  then  it  was  Resolved,  To  concur 
with  the  house  in  passing  the  said  Bill  into  a  Law,  as  amended,  and  M'- 
Shepardson  appointed  to  inform  the  house  of  the  reasons  of  Council  in 
proposing  the  said  Amendments. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  establishing  the  permanent  seat  of  the  Legislature  at  Mont- 
pelier,"  was  sent  to  the  Governor  and  Council  for  their  revision  &c.  and 
h^ing  read,  it  was  Ordered,  That  it  be  referred  to  Mess.  Niles  and 
White. 

The  Committee  on  the  Bill  Entitled  "an  act  incorporating  the  Mis- 
sisquoi Turnpike  Company,"  reported  sundry  amendments  to  be  made 
to  the  said  act,  which  were  adopted,  and  then  it  was  Resolved,  To  con- 
cur with  the  house  in  passing  the  said  Bill  into  a  Law,  as  amended,  and 
M'-  LooDiis  appointed  to  inform  the  house  of  the  reasons  of  Council  iu 
proposing  those  amendments. 

The  Debenture  of  Council  for  the  present  Session  was  read  by  the 
Secretary,  approved,  and  Ordered,  That  it  be  entered  on  the  Journals — 
viz. 


Governor  and  Council'— November  1 


irs  «i 


i| 


. .  Nonh  Chitlenden. . . 
..Jiimcfi  Witherell... 
.  .Ellshljii  Spouuer. .. 
..Anniili  Fletcher 


" John  White 

. .. ." Nntfannlel  NOes 

. , . . " ElUs  Keyen 

....". Joxinli  wrltlit 

, .. ." Samuel  Saffoid 

William  PHgcJuu'-  Secretury 

David  ElkltiB  Esqr.  SherifT  iif  Caledonia  O-. 


An  Engn>sscd  Bill,  pasRed  id  the  house  of  Representative^,  Entitled 
"All  act  establistuDg  a  Corporation  by  tlic  name  of  the  Randolph  Turn- 
pike Company,"  was  sent  to  the  Governor  and  Council  for  their  revision 
AC.  and  being  read,  it  was  Ordered.  That  it  be  referred  to  Mess*-  Loomis 
and  Galusha. 

The  Committee  on  the  Bill  Entitled  "An  act  establishing  a  Corpora- 
tion by  the  name  of  the  Mad  River  Turnpike  Company,"  reported  sun- 
dry amendments  to  be  made  thereto,  which  were  adopted,  and  then  it 
was  Resolved,  To  concur  with  the  house  in  paasing  said  Bill  into  a  Law, 
as  amended,  and  hi'-  Galusha  appointed  to  inform  the  house  of  the  rea- 
sons of  Council  in  proposing  the  said  amendments. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — An  Enerowcd  Bill,  passed  in  the  house  of  Repre- 
sentatives, EiUillc<i  "An  act  to  supply  the  defect  of  a  certain  record," 
was  sent  the  Governor  and  Council  for  their  revision  &r..  read  and 
Ordered.  That  it  be  referred  to  Mcs*-  Galusha  and  Loomis. 

An  Engrnssed  Bill,  passed  in  the  house  of  Keprosentatives,  Entitled 
"An  act  in  addition  &c.  tu  the  act  regulating  and  governing  the  Militia 
of  this  State."  was  sent  to  the  Governor  and  Council  for  their  revision 
&c.  which  was  read,  amended,  &  then  it  was  Resolved,  To  concur  with 
the  house  in  passing  said  Bill  into  a  Law,  as  amended,  and  M'-  Witherell 
appoinle'l  to  intbrni  the  house  of  the  reasons  of  Council  in  proposing 
the  said  amendments. 

All  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  directing  the  Treasurer  of  this  Suite  tu  suspend  Prosecution 
against  Josiah  Edson,"  was  sent  to  the  Governor  and  Council  for  their 
revision  &c.  and  after  being  read,  it  was  Besolveil,  To  concur  with  tlie 
house  in  passing  said  Bill  into  a  Law. 

The  Committee  on  the  Bill  Entitled  "An  act  explanatory  of  a  Provision 
in  sundry  Turnpike  Grants,''  rc|iorted  sundry  amendments  to  be  made 
therein,  "which  were  rejected,  and  then  it  was  Resolved.  To  nonconcur 
with  the  house  in  passing  the  same  into  a  Law. 

An  Engrossed  Bill,  passed  in  the  bouse  of  Representatives,  Entitled 
''An  act  supplementary  to  the  act  establishing  a  Corporation  by  the 


Governor  and  Council — November  1805.  97 

name  of  the  Caledonia  Turnpike  Company,"  was  sent  to  the  Governor 
and  Council  for  their  revision  &c.  which  was  read,  amended,  and  then 
it  was  Resolved,  To  concur  with  the  house  in  passing  the  same  into  a 
Law,  as  amended. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  establishing  a  County  Grammar  School  in  the  Town  of  Guild- 
hall in  the  County  of  Essex,"  was  sent  to  the  Governor  and  Council  for 
their  revision  «fcc.  read,  amended  by  erasing  the  word  "  forever  "  in  the 
4***  line  of  the  4^*»  Section,  and  then  Resolved,  To  concur  with  the  house 
in  passing  the  same  into  a  Law  as  amended. 

Adjourned  to  9  O'clock  Tomorrow  Morning. 


Danville,  November  8*^'  1805,  Friday,  9  O'clock  A.  M. 

The  following  Resolution  was  read  and  adopted:  Resolved,  The  house 
of  Representatives  concurring  herein,  that  both  Branches  of  the  Legis- 
lature convene  in  the  Representatives'  room  at  eleven  O'clock  this 
Forenoon,  for  the  purpose  of  electing  a  Brigadier  General  in  the  First 
Brigade  and  Fourth  Division  of  the  Militia  of  this  Slate  in  the  room  of 
Brigadier  General  Roswell  Olcolt  resigned.  Ordered,  That  the  Secre- 
tary carry  the  same  to  the  house. 

The  Committee  to  whom  was  referred  the  Bill  Entitled  "An  act  es- 
tablishing the  permanent  seat  of  the  Legislature  at  Montpelier,"  re- 
ported sundry  amendments  to  be  made  thereto,  which  were  adopted, 
and  then  it  was  Resolved,  To  concur  with  the  house  in  passing  the  said 
Bill  into  a  Law,  as  amended,  and  M*^-  Niles  appointed  to  inform  the 
house  of  the  reasons  of  Council  in  proposing  the  said  Amendments.* 

The  Committee  on  the  Bill  Entitled  "An  act  establishing  a  Corpora- 
tion by^  the  name  of  the  Randolph  Turnpike  Company,"  reported  sundry 
amendments  to  be  made  therein,  which  were  adopted,  and  then  it  was 
Resolved,  To  concur  with  the  house  in  passing  the  same  into  a  Law  as 
amended,  and  for  the  same  reasons  which  governed  the  Council  in  their 
proposals  of  Amendment  to  the  act  supplementary  to  the  act  establish- 
ing the  Caledonia  Turnpike  Company. 

The  following  Engrossed  Bills,  passed  in  the  house  of  Representa- 
tives, were  sent  to  the  Governor  and  Council  for  their  revision  and  con- 
currence or  proposals  of  amendment — viz.  '^An  act  in  addition  to  an  act 
ascertaining  the  principles  on  which  the  list  of  this  Stale  shall  be  made" 
&c.;  An  act  directing  the  Committee  appointed  to  lay  out  the  Fair- 
haven  Turnpike;  An  act  making  appropriations  for  the  support  of  Gov- 
ernment; An  act  impowering  the  Governor  to  ascertain  the  northern 
boundary  of  this  Slate;  An  act  laying  a  Tax  of  Three  Cents  per  acre  on 
the  Town  of  Granby;  An  act  pointing  out  the  mode  of  settlement  with 
the  late  Secretary  of  State,"  and  "An  act  in  explanation  of  an  act  laying 
a  Tax  on  Wenlock,"  which  were  severally  read,  and  it  was  Resolved,  To 
concur  with  the  house  in  passing  the  said  Bills  into  Laws. 

The  following  written  messages  were  received  from  the  house:  "In 
General  Assembly  Nov.  7,  1805.  Resolved  to  concur  with  the  Governor 
and  Council  in  their  amendments  to  the  following  Bills  to  wit,  A  Bill 
Entitled  "An  act  incorporating  certain  Turnpike  Companies  in  the 
western  Counties  of  this  State;"  A  Bill  Entitled  "An  act  concerning 
Bail;"  A  Bill  Entitled  "an  act  in  addition  to  and  explanation  of  an  act 
regulating  Marriage  and  Divorce;"  A  Bill  Entitled  "An  act  granting 
the  privilege  of  making  and  keeping  a  Turnpike  Road  from  the  lower 

*  See  Appendix  C. 

7 


98  Governor  and  Council — November  1805. 

Bridge  over  Onion  River  to  Cumberland  Head;"  A  Bill  Entitled  "an 
act  incorporating  the  Passumpsic  Turnpike  Company;"  A  Bill  Entitled 
"An  act  establishing  a  Corporation  by  the  name  of  the  Mad  River  Turn- 
pike Company;"  A  Bill  Entitled  "an  act  establishing  a  Corporation  by 
the  name  of  Missisquoi  Turnpike  Company;"  A  Bill  Entitled  '*  an  act 
establishing  a  Corporation  bv  the  name  of  the  Woodstock  and  Rutland 
Turnpike  Company;"  also  Resolved  to  concur  with  the  Governor  and 
Council  in  referring  to  the  next  Session  of  the  Legislature  a  Bill  En- 
titled "an  act  appointing  a  Committee  to  lay  out  a  County  Road  from 
the  Court  house  in  Danville  to  Weld's  [Wells^  River;"  and  also  Re- 
solved to  concur  with  the  Governor  and  Council  in  their  amendment  to 
the  concurrent  resolution  for  adjourning  the  General  Assembly.  Ex- 
tract from  the  Journals;     Attest    M.  Post  Clk." 

"In  General  Assembly  Nov.  8,  1805.  Resolved  to  concur  with  the 
Governor  and  Council  in  their  amendments  to  the  following  Bills,  and 
which  have  become  Laws  of  this  State,  to  wit,  "An  act  to  incorporate  an 
Artillery  Company  by  the  name  of  the  Burlington  Volunteers;  An  act 
to  incorporate  an  Artillery  Company  in  Whitingham;  An  act  establish- 
ing the  permanent  Seat  of  the  Legislature  at  Montpelier;"  and  *'An  act 
in  addition  to  the  Militia  Bill"  [Act]  &c.     Alt.  M.  Post  Clk  G.  A." 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  in  addition  to  an  act  Entitled  an  act  regulating  the  duty  of 
Sheriffs,"  was  sent  to  the  Governor  &  Council  for  revision  &c.  and  bein^ 
read,  it  was  Resolved,  To  nonconcur  with  the  house  in  passing  the  said 
Bill  into  a  Law. 

The  Committee  on  the  Bill  Entitled  "an  act  to  supply  the  defect  of  a 
certain  record,"  reported  sundry  amendments  to  be  made  therein,  which 
were  adopted,  and  then  it  was  Resolved,  To  concur  with  the  house  in 
passing  the  said  Bill  into  a  Law,  as  amended,  and  M*^-  Galusha  appointed 
to  inform  the  house  of  the  reasons  of  Council  in  proposing  the  said 
amendments. 

The  following  resolution  was  introduced  :  Resolved,  the  house  of 
Representatives  concurring  herein,  that  the  unfinished  business,  re- 
maining at  the  Close  of  the  present  session,  before  the  Governor  and 
Council,  and  the  House  of  Representatives,  be  laid  over  to  the  next 
Session  of  the  Legislature,  then  to  be  taken  up  and  acted  upon  anew, 
in  the  House  of  Representatives,  and  that  the  Secretary  of  the  Council 
return  to  the  Clerk  of  the  House  all  the  papers  relating  to  such  unfin- 
ished business  as  may  then  be  before  the  Council — which  was  read, 
adopted,  and  Ordered,  That  the  Secretary  carry  the  same  to  the  house. 

A  verbal  message  from  the  house,  by  a  member,  informed  the  Gov- 
ernor and  Council  that  the  house  was  ready  to  meet  them  in  joint  Com- 
mittee for  the  purpose  of  electing  a  Brigadier  General  of  the  First 
Brigade  in  the  Fourth  Division  of  our  Militia,  and  the  Governor  & 
Council  immediately  proceeded  to  the  Representatives'  Room  for  that 
purpose,  and  having  accomplished  the  same,  returned  to  their  Chamber.* 

On  motion  it  was  Resolved,  To  reconsider  the  vote  of  Council  non- 
concurring  the  "  act  in  addition  to  an  act  Entitled  an  act  regulating  the 
duty  of  Sheriffs,"  and  the  "act  explanatory  of  a  provision  in  sundry 
Turnpike  Grants." 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  establishing  a  Grammar  School  at  Randolph,"  was  sent  to  the 
Governor  and  Council  for  their  revision  &c.  and  being  read  was  amended, 
and  then  it  was  Resolved,  To  concur  with  the  house  in  passing  the  said 


^Abner  Forbes  was  elected. 


Governor  and  Council — November  1805.  99 

Bill  into  a  Law,  as  ameDded,  and  M'-  Niles  appointed  to  inform  the 
house  of  the  reasons  of  Council  in  proposing  the  said  Amendments. 

The  following  Message  was  received  from  the  house:  '*In  General 
Assembly  Nov.  8,  1805.  Resolved  to  concur  with  the  Governor  and 
Council  in  their  amendments  to  the  following  Bills,  to  wit, ''  An  act  Es- 
tablishing a  Grammar  School  at  Randolph;  An  act  establishing  a  County 
Gram  mar-School  at  GuildhalP' <&c.;  "An  act  supplementary  to  the  act 
Establishing  a  Corporation  by  the  name  of  the  Caledonia  Turnpike 
Company,"  and  "An  act  establishing  a  Corporation  by  the  name  of  the 
Randolph  Turnpike  Company."    Att.    M.  Post  Clk.  G.  A." 

M'-  Morris,  from  the  house,  informed  the  Council  that  the  house  had 
concurred  in  the  resolution,  which  originated  in  Council,  laying  over 
to  the  next  Session  the  unfinished  business  before  the  legislature  and 
that  they  were  now  ready  to  adjourn. 

The  Governor  and  Council  accordingly  proceeded  to  the  Representa- 
tives^Room  for  the  purpose  above  mentioned,  and  after  an  appropriate 
prayer  by  the  Rev**-  M'-  Fitch,  the  Chaplain,  both  Houses  of  the  Lesris- 
fature  were  adjourned  without  day,  and  David  Elkins  Esq'-  Sheriff  of 
Caledonia  C^  by  direction  of  his  Excellency  the  Governor  made  public 
proclamation  of'^the  same. 

A  true  Journal,  Attest       William  Page  Jun'-  Seci^- 


THIRTIETH    COUNCIL. 


OCTOBER  1806  TO  OCTOBER  1807. 


Isaac  Tichenor,  BeDningtoD,  Governor. 
Paul  Brigham,  Norwich,  Lieut.  Governor. 

Coundllors: 


Nathaniel  Niles,  West  Fairlee, 
Jonas  Galusha,  Shaftsbury, 
John  White,  Georgia, 
Beriah  Loomis,  Thetford, 
Noah  Chittenden,  Jericho, 
Eliakim  Spooner,  Westminster, 


James  Witherell,  Fairhaven, 
AsAFH  Fletcher,  Cavendish, 
£lias  Ketes,  Stockbridge, 
Samuel  Shefakdson,  Guilford, 
Ebenezer  Wheelock,  Whiting, 
Josiah  Wright,  Pownal. 


William  Page,  Jr.,  Secretary. 
William  Slade,  Cornwall,  Sheriff. 


POLITICAL  NOTE. 

The  foregoing  list  of  executive  officers  and  Councillors  is  the  same  as 
for  the  preceding  year,  and  with  the  exception  of  Governor,  the  persons 
named  were  all  on  the  ticket  which  had  previously  been  agreed  upon, 
said  Spooner''s  Vermont  Journal^  by  the  JefTcrsonians — doubtless  meaning 
in  a  legislative  caucus  at  the  session  of  1805.  The  Jeffersonian  ticket 
also  embraced,  for  the  first  time,  the  name  of  Benjamin  Swan  as  Treas- 
urer. No  official  or  other  record  of  the  entire  vote  for  Governor  can  be 
found  ;  but  Spooner^s  Vermont  Journal  for  Sept.  15  1806  states  that  in 
seventy- nine  towns  Tichenor  had  50C5  votes,  and  Israel  Smith  4250. 
The  Assembly  Journal  shows  that  the  votes  of  twenty  towns  were  re- 
jected for  informality,  which  towns  gave  544  for  Tichenor,  311  for  Smith, 
and  18  scattering.  The  House  was  Jetfersonian  by  a  very  large  ma- 
jority, as  indicated  by  the  election  of  Stephen  R.  Bradley  as  United 
States  Senator,  he  having  received  120  votes  against  60  for  all  other 
persons,  as  is  stated  in  Spooner^ s  Veitnont  Journal  for  Oct.  27  1806. 

The  election  sermon  was  by  the  Rev.  Thomas  A.  Merrill. 


RECORD  OP  THE  GOVERNOR  AND  COUNCIL 


AT  THE 


SESSION   WITH  THE  GENERAL  ASSEMBLY  AT  MIDDLE- 

BURY,  OCTOBER,  1806. 


State  of  Vermont.  A  Journal  of  the  proceedings  of  the  Gover- 
nor and  Council  of  the  State  of  Vermont,  at  their  Session  begun  and  held 
at  Middlebury,  within  and  for  said  State,  on  the  second  Thursday  of 
October,  being  the  ninth  day  of  said  Month,  in  the  year  of  our  Lord 
one  Thousand  eight  hundred  and  six,  and  of  the  Independence  of  the 
United  States  the  Thirty  first,  pursuant  to  the  laws  and  Constitution  of 
this  State — Present,  His  Excellency  Isaac  Tichenor,  Esq'-  Governor, 
His  Honor  Paul  Brigham,  Esq'-  L*-  Governor,  of  the  Council  The  Hon^*« 
Jonas  Galusha,  James  Witherell,  Nathaniel  Niles,  Noah  Chittenden, 
Beriah  Loomis.  Samuel  Shepardson,  Eliakim  Spooner,  Asaph  Fletcher, 
John  White.  Ebenezer  Wheelock,  and  Josiah  Wright  Esquires.  Wil- 
liam Page  Jun'-  Secretary.  William  Slade  Esq'-  Sheriff  of  Addison 
County. 

On  motion,  Resolved,  That  a  Committee  of  seven  be  appointed,  to 
join  such  Committee  as  the  General  Assembly  may  appoint,  to  receive, 
sort  and  count  the  Votes  for  Governor,  L^  Governor,  Treasurer  and 
Councillors  for  the  year  ensuing.  Members  Chosen,  M'-  Galusha,  M'- 
Spooner,  M'-  Niles,  M'-  Fletcher,  M'-  Loomis,  M'-  Witherell  «fc  M'-  White. 
The  Members  composing  the  above  Committee  were  sworn,  in  Council, 
to  the  faithful  discharge  of  their  duty.  Ordered,  That  the  Secretary 
carry  the  above  resolution  to  the  house  of  Representatives. 

Adjourned  to  4  O'clock  P.  M. 

4  O'clock  P.  M.— M'-  Shaw,  Member  of  the  House  of  Representa- 
tives, appeared  in  the  Council  Chamber  and  informed  the  Governor 
and  Council  that  the  House  had  convened  and  were  now  ready  to  meet 
the  Governor  and  Council,  in  the  Representatives'  Chamber,  for  the 
purpose  of  hearing  the  report  of  the  Committee  appointed  to  receive, 
sort  and  count  the  Votes  for  Governor,  L*-  Governor,  Treasurer  and 
Councillors  for  the  year  ensuing. 

On  motion.  Resolved,  That  the  Governor  and  Council  will  now  pro- 
ceed to  the  House  of  Representatives  for  the  above  mentioned  purpose. 
And  both  houses  being  convened  in  the  Representatives'  Chamber,  the 
following  report  was  handed  in  by  M'*  Galusha,  Chairman  of  the  above 
Committee — 

'*The  Committee,  appointed  to  receive,  sort  and  count  the  Votes  for 
Crovernor,  L*-  Governor,  Treasurer  and  Councillors  for  the  year  ensuing, 
report.  That  his  Excellency  Isaac  Tichenor  Esq'-  is  elected  Governor, 
That  hi«  Honor  Paul  Brigliam  Esq'-  is  elected  L*-  Governor,  That  Ben- 
jamin Swan  Esq'-  is  elected  Treasurer;  That  Jonas  Galusha,  Noah 
Chittenden,  Elias  Keycs,  Beriah  Loomis,  Nathaniel  Niles,  Ebenezer 
Wheelock,  Samuel  Shepardson,  James  Witherell,  John  White,  Asaph 


102  Governor  and  Council — October  1806. 

Fletcher,  Eliakini  Spooner,  and  Josiah  Wright  Esquires   arc  elected 
Councillors  for  the  year  ensuing.     All  which  is  respectfully  submitted, 

Jonas  Galusha  for  Coni«- 

October  9*»»'  1806." 
and  the  same  being  read,  the  Sheriff  of  Addison  County,  by  the  direction 
of  the  Secretary  of  the  Governor  and  Council,  made  puolic  proclama- 
tion of  the  same. 

The  Governor  and  Council  then  returned  to  their  Chamber,  and  ad- 
journed untill  9  O'clock  Tomorrow  morning. 


MiDDLEBURY,  Friday,  October  W^^  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment— Present,  His  Honor  Paul 
Brigham  L*-  Governor.  Of  the  Council  The  Honor^«  Jonas  Galusha, 
Noah  Chittenden,  Beriah  Loomis,  Nathaniel  Niles,  Ebenezer  Wheelock, 
Samuel  Shepardson,  John  White,  Asaph  Fletcher,  Eliakim  Spooner,  & 
Josiali  Wright  Esq"-  William  Page  Ju'-  Secretary,  William  Slade  Esq' 
Sheriff. 

The  L*-  Governor  and  the  Councillors  present  proceeded  to  the  Rep- 
resentatives' Boom,  and  after  an  appropriate  prayer  by  the  Rev<*  M'- 
Merrill,  the  oaths,  required  by  the  Laws  and  Constitution,  were  adminis- 
istered  to  the  L*  Governor  and  the  above  mentioned  Councillors  by  the 
Chief  Justice.  The  L*-  Governor  and  Council  returned  to  their  Cham- 
ber and  adjourned  untill  2  O'clock  P.  M. 

2  O'clock  P.  M.— M'  Whitney,  Member  of  the  House  of  Representa- 
tives, appeared  in  the  Council  Chamber,  and  informed  the  Governor  and 
Council  that  the  House  of  Representatives  was  organized  and  ready  to 
receive  any  communications  which  His  Excellency  the  Governor  might 
be  pleased  to  make.  Ordered,  That  the  SecreUiry  acquaint  the  house 
that  the  Governor  will  make  his  communications  to  both  branches  of  the 
Legislature  at  the  opening  of  the  house  tomorrow  morning,  in  the  Rep- 
resentatives' room. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


MiDDLEBUUY,  Saturday,  October  lit**.  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Governor  and  Council  proceeded  to  the  House  of  Representa- 
tives, and  after  taking  the  oaths  prescribed  by  the  Laws  and  Constitu- 
ticm,  the  Governor  delivered  the  following  speech.' 

The  Governor  and  Council  then  returned  to  their  chamber  and  com- 
mt^nced  the  consideration  of  business. 

The  Hon*"*  James  Witherell  Esq^  elected  a  Councillor  for  the  year 
ensuing,  appeared  in  the  Council  Chamber,  took  the  necessary  oaths, 
and  was  admitted  to  a  seat  at  the  Council  board. 

The  following  resolution  was  received  from  the  house:  "'In  General 
Assembly  Oct*^-  10,  1806.  Resolved,  that  a  Commiltee  be  appointed, 
consisting  of  five  members  of  this  house,  to  join  such  Committee  as  the 
Governor  and  Council  may  appoint,  to  be  denominated  *'The  Turnpike 
Committee  " — Members  chosen.  Mess*  [Abel]  Spencer,  [Charles]  Rich, 
Graves,  Hendee  and  [Jacob]  Galusha, — also  Resolved,  That  a  Commit- 
tee of  five  be  appointed  from  this  House,  to  join  a  Committee  from 
Council  and  be  denominated  the  "Committee  of  Insolvency  and  Suspen- 


^  See  Appendix  A. 


Governor  and  Council — October  1806.  103 

sion" — Members  chosen  Mess"  [Dudley]  Chase,  [Samuel]  Shaw,  P. 
Smith,  Bich  and  Hinman, — also  Kesolved,  That  a  Committee  of  three 
be  appointed  from  this  house,  to  join  a  Committee  from  the  Council,  to 
be  den(»minated  ''The  First  Land  Tax  Committee " — Members  chosen. 
Mess*  Tyrus  Hurd,  Henry  &  Richard  Hurd.  Extract  from  the  Journals, 
Attest  Martin  Post  Clerk" — and  the  same  being  read.  Resolved,  That 
M'-  Niles  join  the  Committee  appointed  by  the  house  denominated  the 
•"Turnpike  Committee,"  That  M'-  Galusha  join  the  Committee  appointed 
by  the  house  denominated  ''The  Committee  of  Insolvency  &  Suspen- 
sion," and  that  M'-  Shepardson  join  the  Committee  appointed  by  the 
house  denominated  "The  First  Land  Tax  Committee." 

The  following  resolution  was  received  from  the  house:  "Resolved, 
That  aCoFnmittee  of  Three  Members  be  appointed  to  join  such  Commit- 
tee as  the  Governor  and  Council  may  appoint,  to  take  into  considera- 
tion the  act  Entitled  An  act  directing  the  proceedings  against  the  Trus- 
tees of  concealed  or  absconding  debtors,  and  to  enquire  whether  any  & 
what  amendments  of  said  act  ought  to  be  made,  and  especially  to  pre- 
vent County  Courts  having  Jurisdiction  in  causes  where  the  demand 
shall  be  under  a  certain  sum,  and  to  report  by  bill  or  otherwise.  In 
Greneral  Assembly  Oct'  10.  1806.  Introduced  by  M'  [Henry]  Olin, 
Read  and  passed,  &  Mes"-  D.  Chipman,  T.  Hutchinson  and  [Daniel] 
Buck  were  appointed  a  Committee  from  the  house.  Atl.  Martin  Post 
Clerk" — and  the  same  being  read.  Resolved,  That  M*^-  Witherell  join  the 
Committee  appointed  by  the  house  on  said  resolution. 

The  following  Petitions  for  Land  Taxes  were  received  from  the  house, 
viz.  One  for  a  Land  Tax  on  Morristown,  one  for  a  Land  Tax  on  West- 
field,  one  for  a  Land  Tax  on  Relvidere,  one  from  the  Inhabitants  of 
Westfield  and  Eden  praying  for  a  Land  Tax  on  Kelly  vale  [Lowell,]  one 
for  a  Land  Tax  on  Sunderland,  one  for  a  Land  Tax  on  Monkton,  one 
from  the  Selectmen  of  Cabot  for  a  Land  Tax  on  said  Town,  and  one 
from  Parley  Davis  and  others  praying  for  a  Land  Tax  on  the  Town  of 
Montpelierfor  the  purpose  of  building  a  State  House,  with  this  order  on 
each:  "In  General  Assembly  Nov.  [Oct.]  10, 1806.  Read  and  referred 
to  the  First  Land  Tax  Committee  to  join  &c.  Attest  M.  Post  Clk" — 
and  the  same  being  severally  read.  Resolved,  To  concur  with  the  house 
in  the  said  reference. 

A  Petition  from  Abijah  Lathrop,  praying  for  an  act  to  suspend  civil 
prosecutions  against  him  for  a  term  of  time  therein  mentioned,  was 
received  from  the  houj»e  with  this  order  thereon:  "In  General  Assembly 
Oct'-  10.  1S06.  Read  and  referred  to  the  Committee  of  Suspension  &c. 
to  join  from  Council.  Att.  M.  I'ost  Clk" — and  the  same  being  read, 
Resolved,  To  concur  with  the  house  in  the  above  reference. 

A  Petition  from  Samuel  Dickinson  and  others,  praying  for  leave  to 
make  a  Turnpike  Road  from  Rockingham  to  Massachusetts  line,  one 
from  Lewis  R.  Morris  and  James  Whipple  for  leave  to  make  a  Turnpike 
Rt)i\(\  from  Connecticut  River  in  Springfield  to  Parker's  tavern  in  Ches- 
ter, and  a  Remonstrance  from  the  Weathersfield  Turnpike  Corporation 
against  granting  the  prayer  of  the  last  mentioned  Petition,  were  received 
from  the  house  with  this  order  on  each:  "In  General  Assembly  Ocf- 
10, 180^5.  Read  and  referred  to  the  Turnpike  Committee  to  join  from 
Council.  Att.  M,  Post  Clk" — which  were  severally  read,  and  Resolved, 
To  concur  with  the  house  in  the  above  reference. 

Adjourned  to  2  O'clock  P.  M. 

2  O'CLOCK  P.  M. — The  Council  met  pursuant  to  adjournment,  and 
having  no  business  before  m6  [them,]  adjourned  untillO  O'clock  Mon- 
day morning. 


104  G-ovemor  and  Council — October  1806. 

Monday,  October  13*^'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  resolutions  were  received  from  the  house:  "Resolved, 
the  Governor  and  Council  concurring  therein,  that  the  Members  of  both 
houses  meet  in  County  Conventions  at  4  O'clock  P.  M.  of  Tuesday  next, 
for  the  purpose  of  making  their  nominations  of  County  officers,  and  that 
both  houses  meet  in  joint  Committee,  on  Wednesday  at  10  o'clock  A. 
M.  in  the  Representatives'  room,  for  the  purpose  of  receiving  such  nom- 
inations and  making  the  Jippointment  of  such  officers.  Extract  from  the 
Journals  of  General  Assembly  Oct^-  \V^^  1806.  Att.  M.  Post  Clerk  "— 
which  was  read  and  Resolved,  to  concur  therein.  Also  this  Resolution: 
"  In  General  Assembly  Oct'-  11.  1806.  Resolved,  the  Governor  and 
Council  concurring  therein,  that  both  houses  meet  in  the  Representa- 
tives' room,  at  10  o'clock  on  Tuesday  morning  next,  for  the  purpose  of 
electing  the  Judges  of  the  Supreme  Court  for  the  year  ensuing.  Ex- 
tract from  the  Journals,  Att.  M.  Post  Clk" — which  was  read  and  con- 
curred. And  also  this  Resolution:  '*  In  General  Assembly  Ocf-  11, 
1806.  Resolved,  That  a  Committee,  consisting  of  a  Member  from  each 
County,  be  appointed,  to  join  a  Committee  from  the  Council,  to  be  de- 
nominate<l  the  S*^**  Turnpike  Committee.  Members  chosen.  Mess*- 
Hutchins,  Wetherbee,  E.  Robinson,  Green,  Farrington,  N.  Robinson, 
A.  Robinson,  Bump.  Wheelock,  Thompson,  D.  Palmer  and  Gardner. 
Also  Resolved,  That  a  Committee  of  three  Members  be  appointed,  to 
join  a  Committee  from  Council,  to  be  denominated  the  Second  Land 
Tax  Committee.  Members  chosen.  Mess*-  E.  Fitch,  Hammond  &  Hale. 
Extract  from  the  Journals.  Att.  M.  Post  Clk  " — which  being  read,  it 
was  Resolved,  That  M'-  White  join  the  Committee  appointed  by  the 
house  denominated  the  '*  Second  Turnpike  Committee,"  and  That  M'- 
Wright  join  the  Committee  appointed  by  the  house  denominated  **  the 
Second  Land  Tax  Committee." 

Petitions  for  Land  Taxes  on  the  Towns  of  Towusend,  Windham, 
Sheffield,  Ludlow,  Un'lerhill,  &  Ferrisburgh  were  received  from  the 
house  with  this  order  on  each:  ''In  General  Assembly  Oct.  11,  1806. 
Read  &  Referred  to  the  2'"^  Land  Tax  Committee  to  Join  &c.  Att.  M. 
Post  Clk" — which  were  severally  read,  and  it  was  Resolved,  To  concur 
with  the  house  in  their  said  reference. 

A  Petition  for  an  alteration  of  the  Waltham  Turnpike,  one  from  Na- 
thaniel Kilbourn  and  others,  praying  for  K^ave  to  make  a  Turnpike  Road 
thro'  the  County  of  Orleans  to  Montpelier,  <me  from  Samuel  Thayer 
and  others  praying  leave  to  make  a  Turnpike  Road  from  the  East  end 
of  the  Windham  County  Turnpike  to  Cyrus  Hill's  in  Bennington,  and 
a  bill  Entitled  an  act  explanatory  of  a  provision  in  sundry  Turnpike 
Grants,  were  received  from  the  house  with  this  order  on  each:  "  In  Gen- 
eral Assembly  Oct"^  11^-  1S06.  Referred  to  the  Second  Turnpike  Com- 
mittee to  join  &c.  Att.  M.  Post.  Clk  " — which  were  severally  read  & 
Resolved,  To  concur  with  the  house  in  the  above  reference. 

A  bill  Entitled  "an  act  relating  to  Goals  and  Goalers,  &  for  the  relief 
of  persons  imprisoned  therein;"  A  bill  Entitled  '*An  act  in  amendment 
of  the  76***  Section  of  an  act  &c.  (respecting  Mortgages;")  and  A  bill  En- 
titled ^'An  act  to  repeal  a  certain  act  therein  mentioned,  except  the  3* 
&  4^*  Sections  thereof.''  were  received  from  the  house  with  this  order  on 
each:  "  In  General  Assembly  Oct.  11,  1806.  Called  up  and  referred  to 
Mess*  N.  Chipman,  Whitney  &  A.  Lyon,  to  join  a  Committee  from  the 
Council.  'Att.  M.  Post  Clerk" — which  were  severally  read,  and  Or- 
dered, That  M"^-  Galusha  join  the  said  Committee  on  the  said  acts  [bills.] 

A  Petition  from  Benjamin  Archer,  for  an  act  to  suspend  civil  process 
against  him  for  the  term  of  five  years;  a  Petition  from  Joseph  Safford 


Q-ovemor  and  Council —  October  1806.  105 

for  an  act  of  in8olvency  or  suspension;  a  Petition  from  Prince  B.  Hall 
praying  for  an  act  of  insolvency,  and  a  Petition  from  William  Baxter  for 
an  act  of  suspension,  were  reC*  from  the  iiouse  with  this  order  on  each : 
"  In  General  Assembly  Oct.  11,  1806.  Read  &  Referred  to  the  Com- 
mittee of  Insolvency  &  suspension  to  join  &c.  Att.  M.  Post  Clk." — 
which  were  severally  read  and  Resolved,  To  concur  with  the  house  in 
the  said  reference. 

A  Petition  from  the  Town  of  Concord,  praying  to  be  annexed  to  the 
County  of  Caledonia,  was  received  from  the  house  with  this  order 
thereon:  '*  In  General  Assembly  Oct'-  11, 1806.  Read  &  Ref^  to  Mes*- 
Dewey,  R.  Lyon,  Butl«,  D.  Smith  &  Pond,  to  join  &c.  Att.  M.  Post 
Clk." — which  was  read  and  Ordered,  That  M'-  Spooner  join  said  Com- 
mittee from  the  house. 

A  Petition  from  the  Town  of  Andover,  praying  to  be  erected  into  a 
separate  Town  with  all  the  powers  and  privileges  belonging  to  other 
towns  in  this  State,  was  rec**  from  the  house  with  this  order  thereon: 
''In  General  Assembly  Ocf-  11,  1806.  Read  and  referred  to  Mess"- 
Wheatley,  Emerson,  C.  Smith,  Fox  and  Williams,  to  join  a  Committee 
from  Council.  Att.  M.  Post  Clk."— which  was  read,  and  Ordered, 
That  M'-  Loomis  join  the  above  Committee  from  the  house. 

A  bill  Entitled  An  act  regulating  fees,  and  a  report  of  a  Committee  of 
the  General  Assembly  of  last  Session  accompanying  the  same,  was  re- 
ceived from  the  house  with  this  order  thereon:  ''In  General  Assembly 
Oct'- 11, 1806.  Called  up  and  referred  to  Mess*-  D.  Dana,  Bullock  and 
Noble,  to  join  a  Committee  from  Council.  Att.  M.  Post  Clk," — which 
was  read,  and  Ordered,  That  M*^-  Witherell  join  the  above  Committee 
from  the  house. 

An  act  appointing  a  Committee  to  view  places  for  a  State's  Prison 
with  a  number  of  accompanying  papers  on  that  subject,  were  received 
from  the  house  with  this  order  on  the  same:  "In  General  Assembly 
Oct'- 11,  1806.  Called  up  and  referred  to  Mess*-  R.  Ilurd,  Aiken,  Spen- 
cer, T.  Hutchinson,  Rich,  Chase,  W'"-  C.  Harrington,  Ab"^  Smith,  Wil- 
kins,  Boardman,  D.  Dana  &  Sowles  to  join  a  Com***  from  Council.  Att. 
M.  Post  Clk." — and  it  was  Ordered,  That  M'-  Fletcher  join  said  Com- 
mittee from  the  house. 

An  act  assessing  a  Tax  of  one  cent  on  each  acre  of  land  in  this  State, 
for  the  purpose  of  building  a  State  Prison,  and  for  the  support  of  Gov- 
ernment in  this  State,  was  received  from  the  house  with  the  same  order 
on  the  same  as  on  the  last  mentioned  act  [bill,]  and  it  was  Ordered, 
That  M'-  Fletcher  also  join  said  Committee  on  this  act. 

An  act  ascertaining  the  principles  on  which  the  List  of  this  State 
shall  be  made  up  &c.  was  received  from  the  house  with  this  order 
thereon:  "In  General  Assembly  Ocf-  11,  1806.  Read  and  referred  to 
Mess*-  D.  Chipman,  Muzzy,  Boutell,  Hunt  and  Dyer  to  join  a  Com- 
mittee from  Council.  Attest  M.  Post  Clk." — which  was  read,  and  Or- 
dered, That  Gov'-  Brigham  join  the  above  Committee  from  the  house. 

An  act  directing  the  mode  of  election  of  Governor,  L*-  Governor, 
Treasurer  of  the  State,  Councillors  and  Representatives,  was  received 
from  the  house  with  this  order  thereon:  "*  In  General  Assembly  Oct'- 11, 
1806.  Read  and  referred  to  Mess'-  A.  Lyon,  Hendee,  and  Sprout  to  join 
&c.  Attest  M.  Post  Clk." — which  was  read,  and  Ordered,  That  M'- 
Wright  join  the  above  Committee  from  the  house. 

An  act  in  addition  to  an  act  Entitled  an  act  reducing  into  one  the  sev- 
eral acts  for  laying  out,  making,  repairing  and  clearing  highways,  was 
received  from  the  house  with  this  order  thereon:  "In  General  Assembly 
Oct'- 11.  1806.  Read  and  referred  to  Mess*-  Olin,  Porter  and  Tenney  to 
join  a  Committee  from  Council.    Att  M.  Post  Clk." — which  was  read. 


106  Governor  and  Council — October  1806. 

and  Ordered,  That  M*"-  Loomis  and  M'-  Wright  join  the  above  Com- 
mittee. 

The  Governor  communicated  to  the  Council  the  following  letter  from 
Moses  Robinson  Esq'-  President  of  the  Council  of  Censors — 

''  In  Council  of  Censors,  Middlebury  Oct'- 11, 1806. 

Sir^  -  I  am  directed  by  the  Council  of  Censors  to  give  your  Excelle'y 
and  the  Council  official  notice  of  the  death  of  CoT"-  Udney  Hay,  late 
member  of  this  Board,  that  you  may  take  such  order  as  you  may  think 
proper.    Your  Excellency's  most  Ob*-  Serv*-  Moses  Robinson. 

His  Excey  Isaac  Tichenor  Esq^- " 

and  the  same  being  read.  Resolved,  Gov.  Brighara  and  M*^-  Niles  be  a 
Committee  from  Council  to  join  such  Committee  as  the  House  of  Rep- 
resentatives may  appoint,  to  take  under  their  consideration  the  within 
communication  from  the  President  of  the  Council  of  Censors  giving 
official  notice  of  a  vacancy  in  that  board,  by  the  death  of  the  late  Col®- 
Udney  Hay,  and  to  report  to  both  houses,  whether  the  vacancy  in  the 
said  board  can  be  constitutionally  filled.  Ordered,  That  the  Secretary 
carry  the  above  to  the  house. 
Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — The  following  resolution  was  [resolutions  were]  re- 
ceived from  the  house:  "In  General  Assembly  Ocf- 13, 1806.  Resolved, 
That  a  Committee  of  three  Members  from  this  house  be  appointed,  to 
join  a  Committee  from  Council,  to  be  denominated  the  "  Third  Land 
Tax  Committee."  Members  chosen.  Mess"  Strowbridge,  Bartlett  and 
Barney.  Resolved,  That  a  Committee  of  five  be  appointed  to  join  a 
Committee  from  Council,  to  be  denominated  "the  Committee  of  Claims.'' 
Members  chosen.  Mess*-  D.  Chipman,  Jackson,  Fay,  Holabird  &  Bot- 
tum.  Extract  from  the  Journals,  Att.  M.  Post  Clk  " — and  the  same 
being  read.  Resolved,  That  M"^-  Wheelock  join  the  Committee  from  the 
house  denominated  *'  the  Third  Land  Tax  Committee,"  also  Resolved, 
That  M"^-  White  join  the  Committee  from  the  house  denominated  "'  the 
Committee  of  Claims." 

Petitions  for  Land  Taxes  on  Brownington  and  Roxbury  and  a  remon- 
strance from  the  Inhabitants  of  Roxbury  against  granting  a  Ta3^  on  s** 
Tqwu,  were  received  from  the  house  with  this  order  on  each:  **  In  Gen- 
eral Assemblv  Oct^-  13,  1806.  Referred  to  the  Second  Land  Tax  Com- 
mittee  to  join  &c.  Att.  M.  Post  Clk  " — in  which  reference  the  Gover- 
nor «fc  Council  concurred. 

Petitions  for  Land  Taxes  on  the  Towns  of  Warren,  Navy  [Charles- 
ton,] Random  [Brighton,]  and  Westmore,  were  received  from  the  house 
with  this  order  on  each:  "In  General  Assemblv  Ocf-  13,  1806.  Refer- 
red to  the  Third  Land  Tax  Committee  to  join  &c.  Att.  M.  Post  Clk." 
— in  which  reference  the  Governor  and  Council  concurred. 

A  Petition  from  sundry  Inhabitants  of  the  Town  of  Pittsfield,  for  a 
grant  of  a  Turnpike  Road  thro'  said  Town,  was  received  from  the  house 
with  this  order  thereon:  ^^  In  General  Assembly  Oct'-  13,  1806.  Read 
and  referred  to  the  Second  Turnpike  Committee  to  join  &c.  Att.  M. 
Post  Clk  " — which  was  read,  &  Resolved,  To  concur  With  the  house  in 
the  said  reference. 

A  Petition  from  Ja''  Richardson,  praying  for  a  suspension  of  civil 
suits  against  him  for  ten  years,  and  one  from  Ozi  Baker,  praying  for  an 
act  to  suspend  civil  suits  against  him  for  the  term  of  two  years,  were 
received  from  the  house  with  this  order  on  each:  "  In  General  Assem- 
bly Oct'- 13,  1806.  Read  and  referred  to  the  Committee  of  suspension 
&c.  to  join  &c.  Att.  M.  Post  Clk  " — which  were  severally  read,  &  it 
was  Resolved,  To  concur  with  the  house  in  their  said  reference. 


Governor  and  Council — October  1806.  107 

A  Petition  from  the  Listers  of  Plymouth,  and  one  from  the  Selectmen 
of  Wells,  praying  a  remission  of  the  state  Taxes  on  account  of  Errors 
in  making  out  the  Grand  List  on  said  Towns,  were  rec**-  from  the  house 
with  this  order  on  each:  ''In  General  Assembly  Ocf-  13,  1806.  Read 
and  referred  to  the  Committee  of  Claims  to  join  &c.  Att.  M.  Post  Clk." 
— in  which  reference  the  Governor  and  Council  Concurred. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


MiDDLEBURY,  Tuesday,  October  l^^  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  resolution  was  received  from  the  house — "*  In  General 
Assembly  Oct'-  13,  1806.  Resolved,  That  a  Committee  be  appointed, 
consisting  of  a  Member  from  each  County,  to  join  such  Committee  as 
the  Governor  and  Council  may  appoint,  to  be  denominated  '*  the  Bank 
Committee."  Members  chosen.  Mess'-  Richardson,  Mather,  Thompson, 
Olin,  Thayer,  Emerson,  Leavenworth,  Neilson,  Walbridge,  Ellsworth, 
Hyde  and  Boyden.  Extract  from  the  Journals,  Att.  M.  Post  Clk." — 
which  was  read  and  Ordered,  That  Gov.  Brigham,  M'-  Niles,  and  M'- 
Galusha  be  a  Com*'  from  Council  to  join  the  above  Committee  from  the 
house. 

Petitions  for  Banks  to  be  established  at  Brattleboro',  in  Caledonia 
County,  at  Danville,  at  Rutland,  and  at  Middlebury,  were  received  from 
the  house  with  this  order  on  each:  *'  In  General  Assembly  Oct'- 13, 1806. 
Read  and  referred  to  the  Bank  Committee.  Att.  M.  Post  Clk  "—in 
which  reference  the  Governor  and  Council  concurred. 

The  Petition  of  W™-  Barton  was  received  from  the  house  with  this 
order  thereon:  *'In  General  Assembly  Oct'  13, 1806.  Read  and  referred 
to  Mess*-  Chase,  Wetherbee,  Rich,  Hendee  &  Hutchins  to  join  a  Com- 
mittee from  Council.  Att.  M.  Post  Clk" — which  was  read  and  Ordered, 
That  M'-  Chittenden  join  the  above  Committee. 

A  bill  Entitled  An  act  granting  a  Turnpike  road  from  Manchester  to 
Chester  was  received  from  the  house  with  this  order  thereon:  "In 
General  Assembly  Oct'- 13, 1806.  Called  up  and  referred  to  the  first 
Turnpike  Committee  to  join.  Att.  M.  Post  Clerk" — in  which  reference 
Governor  and  Council  concurred. 

The  report  of  the  Committee  of  the  General  Assembly  on  the  Charter 
of  Deweysbur^h,  referred  from  the  last  session  of  the  Legislature,  was 
rec*  from  the  liouse  with  this  order  thereon:  "In  General  Assembly 
Oct'- 13,  1806.  ■  Read  and  referred  to  Mess'-  Morris,  Chase,  &  Bradley  to 
join  a  Committee  from  Council.  Att.  M.  Post  Clerk" — which  was  read 
and  Ordered,  That  M'-  Niles  join  the  above  mentioned  Committee. 

A  Petition  from  Jonathan  Parker  was  received  from  the  house  with 
this  order  thereon:  "In  General  Assembly  Oct.  13,  1806.  Read  and 
referred  to  Mess*-  Whitney,  Buck  &  W™-  C.  Harrington  to  join  a  Com- 
mittee from  Council.  Att.  M.  Post  Clk"  -and  being  read,  it  was  Or- 
dered, That  M'-  Shepardson  join  the  above  Committee. 

Petitions  from  the  Inhabitants  of  Wardsboro'  Nofth-District  and  of 
Wardsboro'  South-District,  praying  to  be  erected  into  two  separate 
Towns,  were  received  from  the  house  with  this  order  on  each:  "In 
General  Assembly  Oct'-  13, 1806.  Read  and  referred  to  the  [committee 
on  the]  Petition  of  the  Inhabitants  of  Andover  to  join  &c.  Att.  M.  Post 
Clk" — in  which  reference  the  Governor  and  Council  concurred. 

A  Conamunication  from  the  Surveyor  General,  respecting  the  papers, 
belonging  to  his  oflSce,  in  the  hands  of  Ira  Allen  late  Surveyor  General, 
was  received  from  the  house  with  this  order  thereon:  "  In  General  As- 


108  Governor  and  Council — October  1806. 

sembly  Oct'-  13,  1806.  Read  and  referred  to  Mess*-  Byrd,  Luce  and 
Spencer,  to  join  Committee  from  Council.  Att.  M.  Post  Clk." — which 
was  read,  and  Ordered,  Tiiat  M*"-  White  join  said  Committee  from  the 
house. 

Petitions  for  Land  Taxes  on  Westford,  Kelly's  Grant  and  Wheelock, 
were  received  from  the  house  with  this  order  on  each:  '*In  General  As- 
sembly Oct'- 13,  1806.  Referred  to  the  first  Land  Tax  Committee  to 
join  <KC.  Att.  M.  Post  Clk." — in  which  reference  the  Governor  & 
Coimcil  concurred. 

Petitions  for  Land  Taxes  on  Holland  and  Morgan  were  received  from 
the  house  with  this  order  on  each:  ''  In  General  Assembly  Oct'- 13, 1806. 
Referred  to  the  Second  [Land]  Tax  Committee  to  join  &c.  Att  M. 
Post  Clk." — in  which  reference  the  Governor  &  Council  concurred. 

Agreeably  to  the  Concurrent  resolution  of  both  houses,  the  Governor 
and  Council  proceeded  to  the  Representatives'  room  and  met  the  house 
in  joint  Committee  for  the  purpose  of  electing  Judges  of  the  Supreme 
Court  of  Judicature  and  Court  of  Chancery,  and  having  accomplished 
the  same,  the  Joint  Committee  was  dissolved  and  the  Governor  and 
Council  returned  to  their  Chamber. ' 

The  HonW®  Royall  Tyler  Esq'  this  day  elected  First  side  or  Assistant 
Judge  of  the  Supreme  Court  of  Judicature  &  Court  of  Chancery,  ap- 
peared in  the  Council  Chamber,  signified  his  acceptance  of  that  office, 
and  the  necessary  oaths  were  administered  to  him  by  his  Excellency 
the  Governor. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  following  resolution  was  received  from  the 
house:  *' Resolved,  That  a  Committee  of  five  Members  be  appointed  to 
join  such  Committee  as  the  Governor  and  Council  may  appoint,  to  take 
into  consideration  the  expediency  of  granting  licences  to  Hawkers  and 
Pedlars  and  the  sum  which  ought  to  be  assessed  on  such  licences  and 
report  by  bill  or  otherwise.  In  General  Assembly  Oct'-  14***'  1806,  this 
resolution  was  brought  in  on  motion  of  leave  by  M'-  Shaw,  read  and 
adopted,  and  Mess»-  Shaw,  C.  Smith,  Scott,  G.  Palmer  &  Abr™-  Smith 
were  appointed  a  Committee  from  the  house.  Att.  M.  Post  Clk." — and 
the  same  being  read.  Ordered,  That  M'-  Fletcher  join  the  above  Com- 
mittee from  the  house. 

An  act  granting  a  Tax  of  one  half  cent  per  acre  on  all  the  Lands  in 
the  Townsliip  of  Alburgh,  as  granted  by  charter,  was  received  from  the 
house  with  this  order  thereon:  "In  General  Assembly  Oct'-  14,  1806— 
Read  and  referred  to  the  First  Land  Tax  Committee  to  join  &c.  Att. 
M.  Post  Clerk  " — and  the  same  being  read.  Resolved,  'To  concur  with 
the  house  in  the  reference  of  the  same. 

A  Petition  for  a  Land  Tax  on  the  Town  of  Vineyard  [Isle  la  Mott,] 
was  received  from  the  house  with  this  order  thereon — *'  In  General  As- 
sembly Oct'- 14,  1806,  referred  to  the  Third  Land  Tax  Committee  to  join 
&c.  Alt.  M.  Post  Clk." — in  which  reference  the  Governor  and  Council 
concurred. 

A  Petition  for  the  establishmont  of  a  Bank  at  Moutpelier  was  received 
from  the  house  with  this  order  thereon:  '*In  General  Assembly  Oct'- 
14***'  1806.  Read  and  referred  to  the  Bank  Committee  to  join  &c.  Att. 
M.  Post  Clk" — in  which  reference  the  Governor  and  Council  concurred. 

A  Petition  from  the  Inhabitants  of  Westmore,  praying  to  be  annexed 
to  the  County  of  Orleans,  was  received  from  the  house  with  this  order 


*  Jonathan  Robinspn,  Royall  Tyler,  and  Theophilus  Harrington  were 
elected. 


Governor  and  Council — October  1806.  109 

thereon:  "In  General  Assembly  Oct'- 14, 1806.  Read  and  referred  to 
the  Committee  on  the  Petition  of  the  Inhabitants  of  Concord  to  join  &c. 
Att.  M.  Post  Clk" — and  the  same  being  read,  Resolved,  To  concur  with 
the  house  in  their  said  reference. 

The  Petition  of  Eliakini  Spooner,  praying  for  compensation  for  lands 
purchased  of  the  Commissioners  of  Confiscation,  was  received  from  the 
house  with  this  order  thereon:  ''In  General  Assembly  Ocf- 14**»'  1806. 
Read  and  referred  to  the  Committee  of  Claims  to  join  &c.  Att.  M.  Post 
Clk" — and  the  same  being  read,  Resolved,  To  concur  with  the  house  in 
their  said  reference. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  in  addition  to  an  act  Entitled  an  act  regulating  the  office  and 
duty  of  SheriflT'  &c.  was  sent  up  for  revision  and  concurrence  or  pro- 
posals of  amendment,  and  being  read,  Ordered,  That  it  be  referred  to 
M'  Wheelock. 

Adjourned  untill  9  O'clock  To  morrow  morning. 


MiDDLERURY,  Wednesday,  October  15*^'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Petitions  for  Land  Taxes  on  Huntington,  Lunenburgh,  Braintree, 
Panton  and  Concord  were  received  from  the  house  with  this  order  on 
each:  "In  General  Assembly  Oct'  14,  18o6.  Referred  to  the  Third 
Land  Tax  Committee  to  join  &c.  Att.  M.  Post  Clk" — in  which  reference 
the  Governor  and  Council  concurred. 

Petitions  for  the  establishment  of  Banks  at  Burlington,  Peacham  and 
Windsor  were  received  from  the  house  with  this  order  on  each:  "In 
General  Assembly  Oct'- 14,  1806.  Read  and  referred  to  the  Bank  Com- 
mittee to  join  &c.  Att.  M.  Post  Clk  " — and  the  same  being  read,  Re- 
solved, To  concur  with  the  house  in  their  said  reference. 

The  Petition  of  Jason  Carpenter,  praying  for  a  remission  of  part  of 
the  State  [tax]  on  the  Town  of  Sharon,  one  from  Dan^-  Brown  for  a 
remission  of  the  whole  Tax  on  Plymouth  granted  in  1793,  ©ne  from 
Abraham  Morrill  Ju^-  for  relief  on  a  certain  note  in  favor  of  the  State 
Treasurer  against  him,  and  the  Petition  of  Sylvenus  Church  praying 
an  abatement  of  the  State  Tax  on  the  Town  of  Richmond  for  tne  year 
1805,  were  received  from  the  house  with  this  order  on  each:  "  In  Gen- 
eral Assembly  Oct*"-  14,  1806.  Read  and  referred  to  the  Committee  of 
Claims  to  join  «&c.  Att.  M.  Post  Clk  " — and  being  severally  read,  it 
was  Resolved,  To  concur  with  the  house  in  their  said  reference. 

"  An  act  to  supply  the  defect  in  a  certain  record  "  was  received  from 
the  house  with  this  order  thereon:  "  In  General  Assembly  Ocf- 14, 1806. 
Read  and  referred  to  Mess*-  N.  Chipman,  Olin  &  .1.  Harrington  to  join 
a  Committee  from  Council.  Att.  M.  Post  Clk" — which  was  read,  and 
Ordered,  That  M''  Shepardson  join  the  above  Committee  from  the 
house. 

A  Petition  from  the  Inhabitants  of  Orwell,  praving  to  be  annexed  to 
the  County  of  Addison,  was  received  from  the  house  with  this  order 
thereon — "  In  General  Assembly  Oct'- 14,  180(5.  Read  and  Referred  to 
Mes*-  Buck,  T.  Hutchinson  and  R.  Hurd,  to  join  a  Committee  from 
Council.  Att.  M.  Post  Clk." — and  the  same  being  read.  Ordered,  That 
M'-  Wright  join  the  above  Committee  from  the  house. 

A  Petition  from  Joseph  Cook,  praying  to  be  annexed  to  the  Town  of 
Weybridge,  and  a  Petition  from  Benjamin  Bullard  and  others,  praying 
that  a  part  of  the  Town  of  Panton  may  be  annexed  to  the  Town  of  Wey- 
bridge, were  received  from  the  house  with  this  order  on  each:  "In  Gen- 


110  Governor  and  Council — October  1806. 

eral  Assembly  Oct'-  14,  1806.  Read  and  Referred  to  Mess*-  G.  Segar, 
Myrick  &  D.  Brown  to  join  a  Committee  from  Council.  Att.  M.  Post 
Clk." — which  were  severally  read,  &  Ordered,  That  M'-  Spooner  join 
the  above  Committee  from  the  house. 

Petitions  for  Land  Taxes  on  the  Towns  of  Danville  and  Sherburne, 
and  a  remonstrance  from  Chris"^-  Champlin  and  others  against  the  Peti- 
tion for  a  Land  Tax  on  Sherburne,  were  received  from  the  house  with 
this  order  thereon:  "In  General  Assembly  Ocf-  14, 1806.  Referred  to 
the  Fourth  Land  Tax  Committee  to  join  &c.  The  Committee  are  Mess'- 
B.  Phelps,  Dan^-  Brown  and  Perkins.  Att.  M.  Post  Clk." — which  were 
severally  read,  &  it  was  Ordered,  That  M"^-  Fletcher  join  the  above  Com- 
mittee from  the  house. 

Pursuant  to  the  concurrent  resolution  of  both  houses,  the  Governor 
and  Council  proceeded  to  the  Representatives'  room  and  met  the  house 
in  joint  Committee  for  the  purpose  of  receiving  the  nominations  of 
County  Conventions  and  appointing  the  respective  County  Officers  for 
the  year  ensuing,  and  having  progressed  in  the  same  the  joint  Commit- 
tee adjourned  untill  Wednesday  next  at  ten  O'Clock  A.M.  then  to  meet 
in  the  Representatives'  room.  The  Governor  and  Council  returned  to 
their  chamber  and  adjourned  untill  2  O'clk  P.  M. 

2  O'clock  P.  M. — A  Petition  from  Abraham  Morrill  and  others  for  a 
Turnpike  Road,  was  rec**  from  the  house  with  this  order  thereon:  "*  In 
General  Assembly  Oct"^- 15, 1806.  Read  and  referred  to  the  First  Turn- 
pike Committee  to  join  &c.  Att.  M.  Post  Clk." — in  which  reference 
the  Governor  and  Council  concurred. 

A  Petition  for  a  Land  Tax  on  the  Town  of  M*-  Tabor  was  received 
from  the  house  with  this  order  thereon — "  In  General  Assembly  Oct'- 15, 
1806.  Referred  to  the  Fourth  Land  Tax  Committee  to  join  &c.  Att. 
M.  Post  Clk." — in.which  reference  the  Governor  and  Council  concurred. 

Petitions  for  Land  Taxes  on  the  Towns  of  Concord,  Lunenburgh  and 
Deweysburgh  were  received  from  the  house  with  this  order  on  each: 
"In  General  Assembly  Oct'-  W^^^  1806.  Referred  to  the  Third  Land 
Tax  Committee  to  join  &c.  Att.  M.  Post  Clk." — in  which  reference 
the  Governor  and  Council  concurred. 

A  Petition  from  Robert  Stimson,  praying  an  abatement  of  part  of  the 
State  Tax  on  the  Town  of  Bolton  for  the  year  1805,  was  received  from 
the  house  with  this  order  thereon — *'In  General  Assembly  Oct'- 15, 1806. 
Read  and  referred  to  the  Committee  of  Claims  to  join  &c.  Att.  M.  Post 
Clk." — and  being  read,  it  was  Resolvtd,  To  concur  with  the  house  in 
their  reference  of  the  same. 

The  Letter  from  the  President  of  Council  of  Censors,  together  with 
the  resolution  of  Council  on  the  same,  was  returned  from  the  house 
by  M'- Morris,  a  Member,  with  this  order  of  the  house  thereon:  '*In 
General  Assembly  Oct'- 13,  1806.  Read  &  Resolved  that  Mes«-  Morris, 
T.  Hutchinson,  Chase,  W"-  C.  Harrington  &  Shaw  be  a  Committee  on 
the  part  of  the  house  to  join  the  above  Committee  from  the  Council. 
Att.  M.  Post  Clk." 

M'-  Morris  also  informed  the  Council  that  the  joint  committee  ap- 
pointed on  the  above  Communication  had  reported  a  resolution  to  the 
house,  which  the  house  had  adopted  and  ordered  him  to  convey  to  the 
Governor  and  Council  for  their  concurrence — which  is  as  follows,  to 
wit, — 

*•  Middlebury  15  Oct'  1806.  The  Committee  to  whom  was  referred 
the  Letter  from  the  Council  of  Censors,  giving  his  '*  Excellency  the  Gov- 
ernor and  Council  official  notice  of  the  death  of  Col°  Udney  Hay,  late 
member  of  the  Council  of  Censors,  that  the  Governor  and  Council  may 


Q-ovemor  and  Council — October  1806.  Ill 

take  such  order  thereon  as  to  Ihena  shall  seem  proper,"  report,  That  they 
do  not  consider  a  seat  in  the  Council  of  Censors  as  an  office  in  view  of 
the  Constitution,  which  the  Governor  and  Council,  or  the  Governor  and 
Council  and  General  Assembly  have  any  power  to  fill  in  case  of  a  va- 
cancy. The  Council  of  Censors,  appears  to  the  Committee,  as  placed 
by  the  Constitution,  entirely  detached  and  separated  from  the  other  con- 
stituted authorities  of  the  State,  not  accountable  to  any  tribunal  in  the 
Government,  and  intended  as  a  check  on  the  Legislative,  Judicial  and 
Executive  departments  thereof,  as  well  as  to  propose  amendments  to  the 
Constitution.  They  therefore  are  of  opinion,  that  no  measures  can  be 
constitutionally  token,  to  fill  the  vacancy  communicated. 

Paul  Brigham  for  Committee." 
On  which  resolution  the  house  passed  the  following  order:  "  In  General 
Assembly  Oct'- 15,  1806.  Read,  accepted  and  ordered  to  be  sent  to  the 
Governor  and  Council  for  their  concurrence  and  M'-  Morris  appointed 
to  carry  up  the  same.  Att.  M.  Post  Clk  " — and  the  same  being  read. 
Resolved,  To  concur  with  the  house  in  the  acceptance  of  said  report. 
Ordered,  That  the  Secretary  transmit  a  copy  of  the  above  report,  with 
the  proceedings  of  the  Governor  &  Council  and  General  Assembly 
thereon,  to  the  President  of  the  Council  of  Censors,  to  be  communica- 
ted to  that  body. 

The  Petition  of  Asahel  Baldwin,  praying  for  compensation  for  the 
breach  of  an  agreement  made  by  one  of  the  late  Commissioners  of  Con- 
fiscation, was  received  from  the  house  with  this  order  thereon:  "'In 
General  Assembly  Oct'  15, 1806.  Read  and  referred  to  the  Committee 
of  Claims  to  join  &c.  Att.  M.  Post  Clk  " — in  which  reference  the  Gov- 
ernor and  Council  concurred. 

A  Petition  for  a  Turnpike  Road  to  be  granted  from  the  end  of  the 
Waltham  Turnpike  to  Roger  A.  Heirn's  Ferry,  was  received  from  the 
bouse  with  this  order  thereon:  ''In  General  Assembly  Oct'-  15**^  1806. 
Bead  &  Referred  to  the  Second  Turnpike  Committee  to  join  &c.  Att. 
M.  Post  Clerk  " — in  which  reference  the  Governor  and  Council  con- 
curred. 

M'-  Wheelock,  to  whom  was  referred  the  bill  Entitled  "An  act  in  addi- 
tion to  an  act  Entitled  an  act  regulating  the  duty  of  Sherifis"  &c.  reported 
that  the  same  ought  [not]  to  pass  and  become  a  Law,  whereupon  it  was 
Resolved,  To  nonconcur  with  the  house  in  passing  said  bill  into  a  Law, 
&  for  the  following  reasons,  to  wit:  It  is  the  opinion  of  the  Governor 
and  Council,  that  no  doubts  or  uncertainty  are  contained  in  said  act  to 
which  this  is  proposed  as  an  addition,  as  to  the  persons  who  are  empow- 
ered to  administer  the  oath  of  office  to  the  Deputy  Sheriffs,  but  that 
every  Justice  of  the  Peace  within  his  Jurisdiction  may  administer  such 
oath,  and  that  nothing  in  said  act  can  be  construed  to  empower  Sheriffs 
to  administer  the  oath  of  office  to  their  deputies  and  certify  the  same, 
and  should  s**  act  pass  it  may  be  construed  to  confirm  the  former  doings 
of  Sheriffs  not  authorized  by  said  act,  and  would,  in  its  nature  and  oper- 
ation, be  ex  post  facto. 

The  Petition  of  Samuel  Spring,  confined  in  Chelsea  Goal,  on  a  sen- 
tence of  the  Supreme  Court  of  Judicature  at  their  September  Term  in 
Orange  County  A.  D.  1805,  praying  the  remission  of  the  Fine  imposed 
on  him  by  s*  Court  and  the  costs  of  prosecution,  was  read.  On  motion  of 
M'-  Looniis,  M'-  Fisk  stated  the  situation,  ill  health  of  the  prisoner,  his 
poverty  and  utter  inability  to  pay  the  fine  imposed  on  him.  Ordered, 
That  said  Petition  lie  on  the  Table. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


112  Governor  and  Council — October  1806. 

MiDDLEBURY,  October  16*^- 1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  assessing  a  Tax  on  the  Towns  of  South-hero  and  Middle-hero" 
[Grand  Isle,]  was  sent  up  for  revision  &c.  r6ad,  and  Ordered,  That  it 
be  referred  to  M""-  Loomis. 

Petitions  for  Land  Taxes  on  the  Towns  of  Readsboro'  &  Reading 
were  received  from  the  house  with  this  order  on  each:  "In  General  As- 
sembly Oct'- 15, 1806.  Referred  to  the  Fourth  joint  Land  Tax  Commit- 
tee. Att.  M.  Post  Clk  "—in  which  reference  the  Governor  and  Coun- 
cil concurred.  * 

A  Petition  from  Samuel  Strong  and  others  for  the  ^rant  of  a  Turn- 
pike Road  from  Vergennes  to  join  the  Hubbardton  Turnpike,  and  one 
from  the  Rutland  and  Stockbridge  Turnpike  Company  praying  an  ex- 
tension of  their  Grant,  from  Zebedee  Sprout's  in  Pittsfield  to  the  Center 
Turnpike  Road  leading  from  Middlebury  to  Woodstock,  were  received 
from  the  house  with  this  order  on  each:  "In  General  Assembly  Oct'- 
15'***  1806.  Read  &  Referred  to  the  Second  Turnpike  Committee  to  join 
&c.  Att.  M.  Post  Clk  " — which  were  severally  read  &  Resolved,  To 
concur  with  the  house  in  their  reference  of  the  same. 

A  Petition  from  the  Grand  Lodge  of  the  State  of  Vermont,  praying 
for  an  act  of  Incorporation,  was  received  from  the  house  with  this  order 
thereon:  "In  General  Assembly  Oct'  15,  1806 — Read  and  referred  to 
Mess'-  Spencer,  D.  Dana  &  Knoulton,  to  join  a  Committee  from  Coun- 
cil. Att.  M.  Post  Clk  "—which  was  read  and  Ordered,  That  M'-  Fletcher 
join  the  above  Committee  from  the  house. 

An  act  to  repeal  an  act  Entitled  "  An  act  to  empower  the  Judges  of 
the  Supreme  Court  of  Judicature  to  grant  bills  of  divorce,  and  to  repeal 
parts  of  certain  sicts  therein  mentioned,  passed  Nov.  7,  1805,"  was  re- 
ceived from  the  house  with  this  order  thereon:  "In  General  Assembly 
Oct'-  15, 1806.  This  bill  was  bro*-  in  on  motion  of  leave  by  M"^-  T.  Hutch- 
inson, read  &  Referred  to  Mess"  T.  Hutchinson,  Buck  &  Rich  to  join  a 
Committee  from  Council.  Att.  M.  Post  Clk  " — which  was  read,  and 
Ordered,  That  M'-  Galusha  join  the  above  Committee  from  the  house. 

A  Petition  of  Abel  Jackman  and  others  for  the  repeal  of  a  law  estab- 
lishing the  jurisdictional  lines  between  the  Towns  of  Vershire  and  Cor- 
inth in  the  County  of  Orange,  was  received  from  the  house  with  this 
order  thereon :  *'  In  General  Assembly  Ocf-  15,  1806.  Read  and  refer- 
red to  Mes'  Moffit,  T.  Hurd,  Rich,  Duncan  and  E.  Stevens  to  join  a 
Committee  from  Council.  Att.  M.  Post  Clk" — and  the  same  being 
read,  Ordered,  That  M'-  Loomis  join  the  above  Committee  from  the 
house. 

The  Petition  of  Jos.  &  William  Hutchins  against  Jacob  Davis  Ju'-  for 
relief  in  a  certain  cause  therein  mentioned,  was  received  from  the  house 
with  this  order  thereon:  **  In  General  Assembly  Oct'- 15, 1806.  Read  and 
referred  to  Mes»-  Morris,  Duncan  and  D.  Dana  to  join  a  Committee  from 
Council.  Att.  M.  Post  Clk  "—and  the  same  bein":  read.  Ordered,  That 
M'-  Witherell  join  the  above  Committee  from  the  house. 

The  Communication  of  the  Governor  to  the  General  Assembly,  rela- 
tive to  the  Northern  boundary  line  of  this  State,  was  received  from  the 
house  with  this  order  thereon:  ''In  General  Assembly  Oct'*  15,  1806. 
Called  up  and  referred  to  Mes'  T.  Hutchinson,  Spencer,  Hendee,  Hunt, 
and  Chase  to  join  a  Committee  from  Council.  Att.  M.  Post  Clk" — 
whereupon.  Ordered,  That  M'-  Niles  &  M'-  Shepardson  join  said  Com- 
mittee. 

Petitions  from  Truman  Squier  and  others,  from  Samuel  Perry  and 
others,  and  from  Lyman  Munson  and  others,  all  praying  for  an  altera- 


Governor  and  Council — October  1806.  113 

tion  of  time  and  places  of  the  sessions  of  the  County  Courts  in  Benning- 
ton County,  were  received  from  the  house  with  this  or  a  similar  order 
on  each — '*  In  General  Assembly  Oct'-  15,  1806.  Read  &  Referred  to 
Mes*-  Shaw,  Thompson,  C.  Smith,  P.  Smith  and  Luce  to  join  a  Commit- 
tee from  Council.  Att.  M.  Post  Clk  " — which  were  severally  read  and 
Ordered,  That  M""-  Chittenden  join  the  said  Committee  from  the  house. 

The  Petition  of  Jacob  Davis,  praying  an  abatement  of  part  of  the 
State  Tax  of  1805  on  the  Town  of  Milton,  was  received  from  the  house 
with  this  order  thereon:  ''In  General  Assembly  Oct'- 16,  1806.  Read 
and  referred  to  the  joint  Committee  of  Claims.  Att.  M.  Post  Clk  " — in 
which  reference  the  Governor  and  Council  concurred. 

An  act  directing  the  appointment  of  Turnpike  Inspectors  and  regu- 
lating their  office  and  duty,  was  received  from  the  house  with  this  order 
thereon:  ''In  General  Assembly  Oct'- 15, 1806.  This  bill  was  bro*-  in  [on] 
motion  of  leave  by  M'-  Oliu,  Read  and  referred  to  Mes»-  Olin,  R.  Hurd 
&  Denison,  to  join  a  Committee  from  Council.  Att.  M.  Post  Clk  " — 
and  the  same  being  read,  Ordered,  That  M'-  Wright  join  the  above 
Committee  from  the  house. 

An  act  in  addition  to  an  act  Entitled  "an  act  granting  the  right  of 
making  and  keeping  a  Turnpike  Road  from  the  Lower  Bridge  over 
Onion  River"  «S:c.  bro*-  into  the  house  on  motion  of  leave  by  M'-  A. 
Lyon;  And  a  Petition  from  sundry  persons  living  near  the  Sand  Bar, 
praying  for  an  alteration  in  the  Sand-Bar  Turnpike  Company,  were  re- 
ceived from  the  house  with  this  order  on  each:  "  In  General  Assembly 
Oct'  16, 1806.  Read  and  referred  to  the  First  Turnpike  Committee  to 
join  &c.  Att.  M.  Post  Clk  " — and  being  severally  read.  Resolved,  To 
concur  with  the  house  in  their  said  reference  of  the  same. 

Petitions  from  Thomas  H.  Parker  and  Peter  Taft,  praying  that  acts 
might  be  passed  suspending  civil  process  against  them  for  a  certain  term 
of  years,  were  received  from  the  house  with  this  order  thereon:  "In 
General  Assembly  Oct'  15,  1806.  Read  &  Referred  to  the  Committee 
of  Suspensions  &c.  to  join  &c.  Att.  M.  Post  Clk" — and  being  severally 
read,  Resolved,  To  concur  with  the  house  in  their  said  reference  of  the 
same. 

The  Petition  of  Stephen  Fisk,  for  the  Grant  of  a  small  Island  in  Lake 
Memjphremagog,  was  received  from  the  house  with  this  order  thereon: 
"In  General  Assembly  Oct'-  15'^*  1806.  Read  and  referred  to  Mess"- 
Leavenworth,  Morrill  &  Kennan,  to  join  a  Committee  from  Council. 
Att  M.  Post  Clk" — and  the  same  being  read,  Ordered,  That  M'-  Spooner 
join  the  above  Committee  from  the  house. 

The  Petition  of  Daniel  S.  Bartram  for  a  new  trial  in  a  certain  criminal 
indictment  against  him,  and  one  from  Archibald  Prichard  for  a  new 
trial  in  a  certain  case  between  him  and  Joseph  Peck,  were  received 
from  the  house  with  this  order  on  each:  "In  General  Assembly  Oct'- 
16,  1806,  read  &  referred  to  Mes»-  Olin,  A.  Lyon  and  Roberts  to  join 
Committee  from  Council  to  be  denominated  "the  Committee  on  new 
trials."  Att.  M.  Post  Clk"— and  being  severally  read.  Ordered,  That 
M'-  Niles  join  the  above  Committee  from  the  house. 

Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — An  Engrossed  Bill,  passed  in  the  house  of  Repre- 
sentatives, Entitled  "An  act  directing  the  Treasurer  to  pay  Benjamin 
Emmons  Jun'-  the  sum  therein  mentioned,"  was  sent  up  ifbr  revision 
and  Concurrence  or  proposals  of  amendment,  and  being  read.  Resolved, 
To  concur  with  the  house  in  passing  said  bill  into  a  Law. 

The  Committee  to  whom  was  referred  the  bill  Entitled  "an  act  assess- 
ing a  Tax  on  the  Towns  of  South-hero  and  Middle-hero,"  reported  that 

8 


114  Governor  and  Council — October  1806. 

said  bill  ought  to  pass  into  a  Law — whereupon,  Resolved,  To  concur 
with  the  house  in  passing  said  bill  into  a  Law. 

The  following  resolution  was  received  from  the  house:  "In  General 
Assembly  Oct'- 16,  1806.  Resolved,  the  Governor  and  Council  concur- 
ring therein,  that  both  houses  meet  in  joint  Committee,  in  the  Repre- 
sentatives' Room,  at  ten  O'clock  Tomorrow  morning,  for  the  purpose  of 
electing  an  Auditor  of  Accounts  against  this  State  tor  the  year  ensuing.' 
Read  &  adopted.  Att.  M.  Post  Clk" — and  the  same  being  read.  Re- 
solved, To  concur  with  the  house  therein. 

Four  Petitions  for  a  State  Bank  at  Woodstock  were  rece'*-  from  the 
house  with  this  order  on  each — **In  General  Assembly  Oct'-  16***'  1806. 
Read  and  referred  to  the  Bank  Committee  to  join  &c.  Att.  M.  Post 
Clk" — and  being  read,  Resolved,  To  concur  with  the  house  in  their  said 
reference. 

A  Petition  for  a  Land  Tax  on  Westford  was  again  receiv**  from  the 
house  with  this  new  order  thereon:  **In  General  Assembly  Oct'-  16**^ 
1806,  report  read  and  recommitted  to  former  joint  Committee.  Att.  M. 
Post  Clk" — in  which  recommiitment  the  Governor  &  Council  concurred. 

In  Council  at  Middlebury  Oct'- 16, 1806. 

Present,  His  Honor  Paul  Brigham  L*-  Governor,  Of  the  Council,  The 
Honorable  Jonas  Galusha,  Noah  Chittenden,  Beriah  Loomis,  Nathaniel 
Niles,  Samuel  Shepardson.  James  Witherell,  John  White,  Asaph 
Fletcher.  Eliakim  Spooner  and  Josiah  Wright  Esquires.  William  Page 
Jun'-  Secretary — William  Slade  Esq'  Sheritl'.  The  Council  took  under 
consideration  the  Petition  of  Samuel  Spring,  stating  that  he  was  con- 
victed, betore  the  Hon*»^«  Supreme  Court  of  Judicature,  holden  at  Chel- 
sea, within  and  for  the  County  of  Orange,  on  the  First  Tuesday,  next 
following  the  Fourth  Tuesday  of  August  A.  D.  1805,  of  uttering  certain 
false  and  counterfeit  Bank  Bills,  and  was  sentenced  by  said  Court,  among 
other  things,  to  pay  a  tine  of  Four  hundred  Dollars,  and  costs  of  pros- 
ecution, and  stand  committed,  untill  sentence  be  complied  with,  repre- 
senting his  utter  inability  to  pay  said  Fine  and  costs,  or  any  part  thereof, 
and  praying  that  the  Governor  and  Council  would  remit  the  said  Fine 
and  Costs — and,  on  the  Question  shall  the  Fine  imposed  as  aforesaid  on 
the  said  Samuel  Spring  be  remitted,  the  yeas  and  nays  being  required 
bv  M'-  Witherell  were  as  follows — Yeas,  Mess*-  Chittenden,  Loomis, 
Witherell,  White,  Fletcher,  Spooner  and  Wright.  Nays,  *Mes8'  Galu- 
sha,  Niles  and  Shepardson.  Yeas  7.  Nays  3.  Whereupon,  after  a  full 
examination  of  the  premises,  and  mature  deliberation  being  had  thereon. 
It  is  Ordered  and  adjudged,  That  the  said  Fine  of  Four  hundred  dollars, 
imposed  on  the  said  Samuel  Spring  by  the  Supreme  Court  aforesaid,  be, 
and  the  same  is  hereby  remitted — And  the  Sheritt'  of  our  County  of  Or- 
ange and  all  others  concerned  will  take  due  notice  hereof,  and  govern 
themselves  accordingly. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Friday  October  17, 1806,  9  O'clock  A.  M. 

The  ^Jouncil  met  pursuant  to  adjournment. 

Two  Petitions  from  sundry  Inhabitants  of  Chittenden  County,  praying 
lor  the  removal  of  the  County  Buildings  from  Burlington  to  a  more 
ctntral  situation,  and  a  remonstrance  from  the  Inhabitants  of  Deweys- 
burgh  against  annexing  said  Town  to  Peacham,  were  received  from  the 
house  with  this  or  a  similar  order  on  each:  '*In  General  Assembly  Oct'- 
16,  1806.  Read  and  referred  to  Mes*-  Spencer,  Porter,  J.  Brown,  J. 
Stone  &  Baxter  to  join  &c.     Att.  M.  Post  Clk." — and  the  same  being 


Governor  and  Council — October  1806.  115 

read,  Ordered,  That  M'-  Spooner  join  the  above  Committee  from  the 
house. 

A  Petition  from  Tim°-  F.  Chipman  and  Henry  Hall,  prayin^the  Leg- 
islature to  pay  them  for  a  Field  piece  purchased  for  the  third  Kegiment 
in  the  First  Brigade  and  Third  Division  of  our  Militia,  was  rece* 
from  the  house  with  this  order  thereon:  ''In  General  Assembly  Ocf^- 
1&^^  1806.  Read  and  referred  to  Mess*-  Hendee,  Leffingwell  and  t'ox  to 
join  a  Committee  from  Council.  Att.  M.  Post  Clk."— which  was  read, 
and  Ordered,  That  Gov^  Biigham  join  the  above  Committee  from  the 
house. 

Agreeably  to  the  concurrent  resolution  of  both  houses,  the  Governor 
•and  Council  proceeded  to  the  Representatives'  room  and  met  the  house 
in  joint  Committee  for  the  purpose  of  Electing  an  Auditor  of  accounts 
against  the  State  for  the  year  ensuing,  and  having  accomplished  the 
same  the  joint  Committee  was  dissolved  and  the  Governor  and  Council 
return'd  to  their  chamber  and  adjourned  untill  2  O'clock  P.  M.-^ 

2  O'CLOCK  P.  M. — A  Petition  from  the  Town  of  Springfield  for  a  new 
County  to  be  formed  from  the  Counties  of  Windsor  &  Windham,  was 
received  from  the  house  with  this  order  thereon:  ''In  General  Assem- 
bly Ocf^'  17, 1806.  Read  and  together  with  the  accompanying  Petitions 
of  the  Inhabitants  of  Chester,  Andover,  Weston,  Grafton,  Windham, 
Weathersfield  and  other  Towns  referred  to  Mess'-  C.  Smith,  D.  Dana, 
D.  Chipman,  Newell  and  Galusha  to  join  a  Committee  from  Council. 
Att.  M.  Post  Clk"— and  being  read,  Ordered,  That  M'  White  &  M'- 
Wright  join  the  above  Committee. 

A  Petition  for  a  Turnpike  Road  from  Middlebury  to  Sudbury,  one 
from  Cyrus  Clark  and  Charles  Rich  for  a  grant  [of]  a  Turnpike  road 
from  Vergennes  to  the  Fairhaven  Turnpike,  one  from  the  Stamford 
Turnpike  Company  praying  that  the  limitation  of  the  Grant  made  to 
said  Company  might  be  taken  off,  one  from  Sylvester  Deming  and  oth- 
ers for  a  grant  of  a  Turnpike  road  thro'  Manchester,  Sunderland  and 
Arlington,  and  one  from  the  Fairhaven  Turnpike  Company  praying  for 
an  alteration  in  their  grant,  were  received  from  the  house  with  this 
order  on  each — '*  In  General  Assembly  Ocf^-  17, 1806.  Read  and  re- 
ferred to  the  Second  Turnpike  Company  [committee]  to  join  &c.  Att. 
M.  Post  Clk." — and  being  severally  read.  Resolved,  To  concur  with  the 
house  in  their  reference  of  the  same. 

A  Petition  for  a  Turnpike  Road,  from  the  First  Branch  of  White 
River,  thro'  Chelsea  to  Willard's  Tavern  in  Barre,  was  received  from  the 
house  with  this  order  thereon — "  In  General  Assembly  Oct'-  17,  1806. 
Read  and  referred  to  the  First  Turnpike  Committee  to  join  &c.  Att. 
M.  Post  Clk  " — and  the  same  being  read.  Resolved^  To  concur  with  the 
bouse  in  their  said  reference. 

A  Petition  for  removing  the  Count}'  Buildings  in  the  County  of  Chit- 
tenden was  received  from  the  house  with  this  order  thereon:  "  In  Gen- 
eral Assembly  Ocf^-  17,  1806.  Read  and  referred  to  the  Committee  ap- 
pointed on  the  Petition  of  sundry  Inhabitants  of  Chittenden  County  to 
join  &c,  Att.  M.  Post  Clk  " — anS  being  read,  Resolved,  To  concur  with 
the  house  in  their  reference  of  the  same. 

The  Petition  of  James  BoyP  for  a  new  trial  on  a  criminal  prosecu- 
tion against  him,  was  received  from  the  house  with  this  order  thereon: 
"  In  General  Assembly  Oct'-  17,  1806.    Read  &  referred  to  the  joint 


-*^  Alexander  Hutchinson  was  elected. 
'  Bajle  in  tbe  Assembly  Journal. 


116  Q-ovemor  and  Council — October  1806. 

Conunittee  of  new  Trials.     Att.  M.  Post  Clk  "—and  the  same  being 
read.  Resolved,  To  concur  with  the  house  in  their  said  reference. 

The  Petition  of  Silas  Hathaway,  praj^ung  that  an  act  might  be  passed 
to  suspend  civil  prosecutions  against  him  and  to  free  his  body  from  ar- 
rest for  the  Term  of  seven  years,  was  received  Irom  the  house  with  this 
order  thereon — "  In  General  Assembly  Oct'-  17, 1806.  Read  and  refer- 
red to  the  Committee  of  Suspension  &c.  to  join  &c.  Att.  M.  Post 
Clk  " — and  the  same  being  read.  Resolved,  To  concur  with  the  house  in 
their  said  reference. 

The  Petition  of  John  Johnson  and  others  for  an  act  to  incorporate 
them  and  others  by  the  name  of  the  '*  Burlington  Mechanic  Associa- 
tion," was  received  from  the  house  with  this  order  thereon:  •'  In  General 
Assembly  Ocf^- 17,  180C.  Read  &>  referred  to  the  Committee  on  the  Pe- 
tition of  the  Grand  Lodge  to  join  &c.  Att.  M.  Post  Clk  " — and  the 
same  being  rend.  Resolved,  To  conrur  with  the  house  in  their  said  Ref- 
erence. 

On  Motion,  M'-  Loomis  obtained  leave  to  bring  in  a  bill  Entitled  "  an 
act  in  addition  to  an  act  Entitled  an  act  for  the  support  of  schools," 
which  was  read  and  Ordered,  That  it  be  referred  to  Mess"-  Loomis  and 
Spooner. 

A  Petition  for  a  Land  Tax  on  the  Town  of  Hancock  was  received 
from  the  house  with  this  order  thereon:  *'  In  General  Assembly  Oct'- 17, 
1806.  Referred  to  the  Fourth  Joint  Land  Tax  Committee.  Att.  M. 
Post  Clk  " — in  which  reference  the  Governor  and  Council  concurred. 

A  Petition  for  a  Laud  Tax  on  the  Town  of  Hopkinville  [Hopkins- 
ville,  now  Kirby,]  was  received  from  the  house  with  this  order  thereon: 
"  In  General  Assembly  Oct'-  17,  1800,  referred  to  the  Third  Joint  Land 
Tax  Committee.  Att.  M.  Post  Clk  "---in  which  reference  the  Governor 
and  Council  concurred. 

The  Petition  of  John  Durkee  praying  for  an  allowance  for  a  mistake 
made  in  the  Grand  List  of  the  Town  of  Stockbridjre  for  the  year  1803, 
and  one  from  Selh  Crow,*  praying  that  compensation  might  be  made 
him  for  lands  now  situated  in  the  State  of  New  York  by  the  running  of 
the  divisional  line  between  this  St^ite  and  that,  were  received  from  the 
house  with  this  order  on  each:  "In  General  Assembly  Oct.  17,  1806. 
Read  and  referred  to  the  Joint  Committee  of  Claims.  Att.  M.  Post 
Clk" — which  were  read  and  Resolved,  To  concur  with  the  house  in 
their  said  reference. 

The  Petition  of  Norman  Webber  for  relief  in  laying  the  Centre  Turn- 
pike Road  thro'  his  Farm,  was  received  from  the  house  with  this  order 
thereou:  "In  General  Assembly  Ocf- 17,  1806.  Read  and  referred  to 
Mess.  Sam^  Collins,  Wilmarth,  and  Henry  to  join  a  Committee  from 
Council.  Att.  M.  Post  Clk" — and  the  same  being  read,  Ordered,  That 
M'-  Shepardson  join  the  above  Committee  from  the  house. 

Petitions  from  the  Selectmen  of  Windham  and  Londonderry,  respect- 
ing the  public  hinds  in  said  Towns,  were  received  from  the  house  with 
this  or  a  similar  order  on  each:  "In  General  Assembly  Oct'- 17, 1806. 
Read  and  Referred  to  Mess*-  Duncan,  T.  Hutchinson  and  P.  Smith,  to 
join  a  Committee  from  Council.  Att.  M.  Post  Clk" — which  was  read  and 
Ordered,  That  M'-  Spooner  join  the  above  Committee  from  the  house. 

Adjourned  untill  W  O'clock  To  morrow  morning. 


*^  Craw  in  the  Assembly  journal. 


Governor  and  Council — October  1806.  117 

Saturday,  October  18'^'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entit* 
*'An  act  constituting  a  Company  of  Artillery  in  the  Town  of  Bakersfielil," 
was  sent  up  for  revision  &  read,  and  it  was  Resolved,  To  concur  with 
the  house  in  passing;  said  bill  into  a  Law. 

The  Hon*-  Elias  Keyes  Esq*"- elected  a  Councillor  for  the  year  ensuing, 
appeared  in  the  Council  Chamber,  signified  his  acceptance  of  that  office, 
and  the  oaths  prescribed  by  the  Constitution  being  administered  to  him 
by  the  L*-  Governor,  he  took  his  seat  at  the  Council  Board. 

On  Motion,  M"^-  Shepardson  obtained  leave  to  introduce  a  bill  Entitled 
'*An  act  in  addition  to  an  act  Entitled  an  act  ascertaining  the  principles 
on  which  the  list  of  this  State  shall  be  made,"  which  was  read  &  Or- 
dered, That  it  lie  on  the  table. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  Petition  of  Nathaniel  Moseley,  for  an  act  of 
suspension,  was  received  from  the  house  with  this  order  thereon:  ''In 
General  Assembly  Oct*^-  18, 1806.  Read  and  referred  to  the  joint  Com- 
mittee of  suspension  Sec.  Att.  M.  Post  Clk." — which  was  read,  and  Re- 
solved, To  concur  with  the  house  in  the  said  reference. 

A  Petition  for  a  Bank  at  Westminster  was  received  from  the  house 
with  this  ord^r  thereon:  '*  In  General  Assembly  Oct""-  18,  1806.  Read 
and  referred  to  the  joint  Committee  on  Banks.  Att.  M.  Post  Clk."  and 
the  same  being  read,  Resolv^cl,  To  concur  with  the  house  in  their  said 
reference. 

The  following  Resolution  was  received  from  the  house — "In  General 
Assembly  Oct'-  18.  1806.  Resolved  that  the  General  Assembly  do 
hereby  request  the  Governor  and  Council  to  transmit  to  the  President 
of  the  United  States,  information  of  the  measures  directed  and  taken  by 
this  Government,  to  ascertain  the  Northward  boundary  of  this  State, 
and  the  result  of  ihe  observations  and  calculations  made  for  that  pur- 
pose, and  request  the  General  Government  to  take  proper  measures  to 
ascertain  and  fix  the  North  line  of  this  State.  And  also  that  they  trans- 
mit to  the  Governor  of  the  State  of  New  York  the  like  information,  that 
the  Government  of  New  York  may  cooperate  with  this  State  in  the  same 
object,  if  they  should  deem  it  worthy  of  their  attention.  Read  and 
adopted.  Att.  M.  Post  Clk.''— and  the  same  being  read.  Ordered,  That 
it  lie  on  the  Table. 

Adjourned  untill  9  O^clock  on  Monday  Morning. 


Monday,  October  20*»»'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Two  Petitions  for  a  Land  Tax  on  the  Town  of  Lunenburgh  were 
again  received  from  the  house  with  this  new  order  thereon:  '*In  Gen- 
eral Assembly  Oct'- 18,  1806.  Report  read  and  Petitions  recommitted 
to  the  same  Committee  to  Join  &c.  Att.  M.  Post  Clk." — in  which  re- 
committment  the  Governor  and  Council  concurred. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment:  ''An  act 
constituting  and  appointing  a  Companv  of  Light  Infantry  in  the  First 
Regiment  in  the  Second  Brigade  and  fourth  Division  of  the  Militia  of 
this  State,"  and  *'An  act  constituting  and  appointing  a  Company  of  Light 
Infantry  in  the  second  Regiment,  Second  Brigade  and  second  Division  of 
the  Militia  of  this  State,"  and  the  said  bills  bein^  severally  read,  Ordered, 
That  they  be  referred  to  M'  Galusha  and  M""-  Wright. 


118  Governor  and  Council — October  1806. 

"An  act  in  addition  to  an  act  Entitled  an  act  establishing  a  County 
Grammar  School  at  Norwich  in  the  County  of  Windsor"  was  received 
from  the  house  with  this  order  thereon:  "In  General  Assembly  Ocf 
16"*»  1806.  This  bill  was  bro*-  in  on  motion  of  M'-  Buck,  read  and  or- 
dered to  lie  on  the  table.  Oct^- 18,  Referred  to  Mess*-  Hendee.  Henry  & 
Whitney  to  join  a  Committee  from  Council.  Att.  M.  Post  Clk" — and 
the  same  being  read,  Ordered,  That  M'-  Loomis  join  the  above  Commit- 
tee from  the  house. 

"An  act  enabling  Charles  Miller,  a  subject  of  his  Brittannic  Majesty, 
to  hold  certain  lands,-'  was  received  from  the  house  with  this  order 
thereon:  "In  General  Assembly  Oct*"-  IS*^- 1806.  Read  and  referred  to 
Mess*-  Buck,  Rich,  Moffit,  D.  Dana,  and  Beach,  to  join  a  Committee 
from  Council.  Att.  M.  Post  Clk" — and  the  same  being  read,  Ordered, 
That  M*^-  Keyes  join  the  above  Committee  from  the  house. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — "An  act  directing  the  Treasurer  to  pay  to  Jesse 
Leavenworth  the  sum  therein  mentioned,"  was  received  from  the  house 
with  this  order  thereon:  "In  General  Assembly  Ocf-  20,  1806.  This 
bill  was  brot.  in  on  motion  of  leave  by  M*^-  Moffit,  read  and  referred  to 
the  Joint  Committee  of  Claims.  Att.  M.  Post  Clk" — which  was  read, 
and  Resolved,  To  concur  with  the  house  in  their  said  reference. 

The  Petition  for  a  Land  Tax  on  Holland  was  again  received  from  the 
house  with  this  new  order  thereon — '*In  General  Assembly  Oct'  20, 
1806.  Report  read  and  ordered  that  the  Petition  be  recommitted  to  the 
former  Joint  Committee.  Att.  M.  Post  Cllc" — In  which  recommiltment 
the  Governor  and  Council  concurred. 

The  following  resolution  was  received  from  the  house:  "In  General 
Assembly  Oct*^  20, 1806.  Resolved,  the  Governor  and  Council  concurring 
herein,  that  both  branches  of  the  Legislature  meet  in  their  separate  houses 
tomorrow  morning  at  ten  O'clock,  and  then  and  there  proceed  to  ballot  for 
some  suitable  person  as  a  Senator  to  represent  this  State  in  the  Senate  of 
the  United  States,  for  six  years  from  and  after  the  third  day  of  March  next, 
and  that  immediately  afterwards,  both  houses  meet  in  jont  Committee, 
in  the  Representatives'  room,  for  the  purpose  of  declaring  the  person 
elected. — And  that  if  the  two  houses  do  not  agree  on  the  same  person, 
that,  then,  they  proceed  by  joint  Ballot  to  elect  a  suitable  person  as 
Senator  as  aforesaid.  Read  and  adopted.  Att.  M.  Post  Clk" — and  the 
same  being  read.  Resolved,  To  concur  therein. 

The  following  resolution  was  received  from  the  house — "In  General 
Assembly  Ocf-  20,  1806.  Resolved,  That  a  Committee  of  three  be  ap- 
pointed to  join  such  Committee  as  the  Governor  and  Council  shall 
appoint,  to  take  into  consideration  "an  act  defining  what  shall  be 
deemed  and  adjudged  a  legal  settlement,  and  for  the  support  of  the 
poor,  for  designating  the  duties  and  powers  of  the  overseers  of  the  poor, 
and  for  the  Punishment  of  idle  and  disorderly  persons,"  and  also  "an 
act  for  the  relief  of  Idiots  and  distracted  persons,"  and  to  report  to  this 
house,  by  bill  or  bills,  or  otherwise,  what  alterations  and  amendments, 
if  any,  are  necessary  in  said  acts.  Read  and  Adopted,  and  Mess'-  Bradley. 
D.  Chipman  and  Potter  appointed  a  Committee  from  the  house.  Extract 
from  the  Journals,  Att.  M.  Post  Clk" — which  was  read,  and  Ordered, 
That  M'-  Keyes  join  the  Committee  appointed  by  the  house  on  the  above 
resolution. 

The  Committee  on  the  bill  Entitled  "An  act  constituting  and  appoint- 
ing a  Company  of  Light  Infantry  in  the  Second  Regiment,  second  Bri- 
gade and  second  division  of  the  Militia  of  this  State,"  reported  sundry 
amendments  to  be  made  to  the  same,  which  were  adopted,  and  it  was 


Governor  and  Council — October  1806.  119 

Resolved,  To  concur  with  the  house  in  passing  said  bill  into  a  Law,  with 
the  said  proposals  of  amendment,  and  M*"-  Galusha  was  requested  to  in- 
form the  house  of  the  reasons  of  Council  for  proposing  the  same. 

The  Committee  on  the  bill  Entitled  "  an  act  constituting  and  estab- 
lishing a  Company  of  Light  Infantry  in  the  first  Regiment  in  the  second 
Brigade  and  fourth  Division  of  the  Militia  of  this  State,"  reported  sun- 
dry amendments  to  be  made  in  the  same,  which  were  adopted,  and  then 
it  was  Resolved,  To  concur  with  the  house  in  passing  said  bill  into  a 
I>aw,  as  amended,  and  M"^-  Galusha  appointed  to  inform  the  house  of  the 
reasons  of  Council  in  proposing  said  amendments. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  &  concurrence  or  proposals  of  amendment:  ''An  act  lay- 
ing a  Tax  of  four  cents  per  acre  on  the  Town  of  Townsend,"  and  **An 
act  laying  a  Tax  of  two  cents  per  acre  on  the  Town  of  Belvidere,"  and 
being  severally  read  and  considered.  Resolved,  To  concur  with  the 
house  in  passing  them  into  Laws. 

Adjourned  untill  9  O'clk  Tomorrow  morning. 


Tuesday,  October  21*^  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Ordered.  That  the  Secretary  acquaint  the  house  of  Representatives 
that  the  Governor  and  Council  are  now  ready  in  their  chamber  to  pro- 
ceed by  ballot  to  the  choice  of  a  Senator  to  represent  this  State  in  the 
Congress  of  the  United  States,  for  six  years  from  and  after  the  third  day 
of  March  next. 

M'-  Shaw,  Member  of  the  house  of  Representatives,  appeared  in  the 
Council  Chamber  and  informed  the  Governor  and  Council  that  the  house 
would  instantly  proceed,  by  ballot,  to  the  choice  of  Senator  as  afores**- 

On  motion.  Resolved.  That  the  Governor  and  Council  do  now  proceed 
to  ballot  for  some  suitable  person  for  Senator  as  aforesaid — and  the  bal- 
lots being  taken,  sorted  and  counted.  The  Hon****  Stephen  R.  Bradley 
Esq'-  had  a  Majority  of  all  the  votes  and  was  declared  duly  elected  on 
the  part  of  the  Council. 

^r.  ^^m.  Q^  Harrington.  Member  of  the  house  of  Representatives,  ap- 
peared in  the  Council  Chamber  and  informed  the  Governor  and  Council 
that  the  house  had  balloted  for  a  Senator  and  were  now  ready  to  meet 
the  Governor  and  Council,  in  the  Representatives'  Room,  compare  their 
respective  nominations,  and  proceed  according  to  law. 

The  Governor  and  Council  accordingly  proceeded  to  the  Representa- 
tives' room,  for  the  purpose  above  mentioned,  and  met  the  house  in 
joint  Committee,  when  the  above  proceedings  of  the  Governor  and 
Council  were  read,  and  the  proceedings  of  the  house  as  follows — 

"In  General  Assembly  Oct'- 21,  1806. — Pursuant  to  the  concurrent  res- 
olution of  both  houses  of  the  20'*'  Inst,  the  General  Assembly  proceeded 
to  ballot  for  a  person  to  represent  this  State  in  the  Senate  ot  the  United 
States  for  six  years  from  and  after  the  third  day  of  March  next.  The 
ballots  being  taken,  sorted,  counted  and  examined,  the  Hon*-  Stephen 
R.  Bradley  Esquire  was  duly  elected  on  the  part  of  the  house.  Extract 
from  the  journals  of  Assembly,  Att  M.  Post  Clk."  And  it  appearing 
that  the  Hon*-  Stephen  R.  Bradley  Esq"^-  had  a  majority  of  all  the  Votes 
in  both  branches  of  the  Legislature,  he  was  declared  duly  elected  a 
Senator  to  represent  this  State  in  the  Congress  of  the  United  States  for 
the  Term  of  six  years  from  and  after  the  third  day  of  March  next — And 
public  proclamation  of  the  same  was  made  by  the  Sheriff  of  Addison 


120  Governor  and  Council — October  1806. 

County  by  the  direction  of  his  Excellency  the  Governor — and  the  Gov- 
ernor &  Council  returned  to  their  Chamber. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  altering  the  name  of  Billyniead  in  the  County  of  Caledonia  to 
that  of  Exeter  "  was  sent  up  for  revision  &c.  and  being  read  «&  Consid- 
ered, Resolved,  To  nonconcur  with  the  house  in  passing  said  bill  into  a 
Law,  and  for  the  following  reasons,  viz. — It  appears  to  the  Governor 
and  Council  that  the  alteration  of  the  Charter  name  of  a  Town  ou^ht 
never  to  take  place  without  good  reasons,  as  landowners,  living  at  a  dis- 
tance, would  be  unlikely  to  hear  of  the  same  and  might  be  deceived  in 
the  granting  of  Land  Taxes  on  their  lands  in  said  Town,  as  they  would 
be  advertised  by  another  name  after  four  Years,  and  by  that  means  loose 
their  lands — and  as  the  only  reason  offered  by  the  Petitioners  for  altering 
the  name  of  said  Town  is  its  length,  the  same  reason  would  apply  for  al- 
terations in  the  names  of  nearly  half  the  Towns  in  this  State — and 
further,  on  all  future  trials,  involving  the  title  of  land  in  said  Town,  this 
special  act  must  be  procured,  as  the  new  name  to  be  given  said  Town 
contravenes  all  former  conveyances. 

Adjourned  untill  2  O'clock  P.  M. 

2  O'clock  P.  M. — An  act  laying  a  Tax  of  one  cent  on  each  acre  of 
land  in  Caledonia  County  was  received  from  the  house  with  this  order 
thereon:  "In  General  Assembly  Oct*"  21,  LS06.  This  bill  was  bro*  in  on 
motion  of  leave  by  M""-  Moffit,  read  and  referred  to  Mess"  Potter,  West- 
gate,  and  E.  Fitch  to  join  a  Committee  from  Council.  Att.  M.  Post 
Clk." — and  being  read,  Ordered,  That  M^-  Galusha  join  the  above  Com- 
mittee from  the  house. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  "An  act  to 
incorporate  the  Proprietors  of  an  Acqueduct  in  tlie  East  Parish  in 
Westminster  in  the  County  of  Windham,"  was  sent  up  for  revision  &c. 
read  and  Ordered,  That  it  be  referred  to  M""-  Wiiherell  for  amendment 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  directing  the  Treasurer  to  pay  D*^-  Samuel  Williams  the  sum 
therein  mentioned,"  was  sent  up  for  ^evi^sion  &c.  &  being  read,  was 
amended  by  inserting  af^er  the  word  ''  State,"  in  the  sixth  line,  these 
words,  "for  his  services  and  expences  in  ascertaining  the  Northern 
Boundary  thereof,"  and  then  it  was  Resolved,  To  concur  with  the  house 
in  passing  the  same  into  a  law,  as  amended. 

M'-  Witherell,  to  whom  was  referred  the  bill  Entitled  "  An  act  to  in- 
corporate the  Proprietors  of  an  acqueduct  in  the  East  Parish  in  West- 
minster in  the  County  of  Windham,"  reported  sundry  amendments  to 
be  made  to  said  bill,  which  were  adopted,  and  then  it  was  Resolved, 
To  concur  with  the  house  in  passing  the  same  into  a  law,  as  amended, 
and  M'-  Witherell  was  appointed  to  inform  the  house  of  the  reasons  of 
Council  in  proposing  said  amendments. 

Adjourned  until  9  O'clk  Tomorrow  morning. 


Wednesday,  October  22°^'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Governor  and  Council  proceeded  to  the  Representatives'  room 
and  met  the  house  in  joint  Committee,  agreeably  to  the  adjournment, 
for  the  purpose  of  conipleating  the  Election  of  the  County  Officers  for 
the  year  ensuing,  and  having  progressed  in  the  same,  the  joint  Commit 
tee  adjourned  untill  Tuesday  next  at  ten  o'clk  A.  M.  and  the  Gover- 
nor &  Council  returned  to  their  Chamber  and  adjourned  untill  2 
o'clock  P.M. 


Ghvemor  and  Council — October  1806.  121 

2  O'ci-OCK  P.  M. — Benjamin  Swan  Esquire,  elected  Treasurer  of  the 
Stale  for  the  year  ensuing,  appeared  in  the  Council  Chamber,  produced 
his  bonds  executed  according  to  Law,  which  being  approved  by  the 
Council,  the  necessary  oaths  were  administered  to  him  by  the  Governor. 

An  act  granting  to  George  Titfany  and  Stephen  Judd  certain  rights 
Ac.  in  Otter  Creek,  was  received  from  the  house  with  this  order  thereon: 
'•In  General  Assembly  Oct'-  22"'*'  1806.  Read  the  first  time  and  refer- 
red to  Mess*  Brigham,  Newell  &  Fox  to  join  a  Committee  from  Coun- 
cil. Att.  M.  PostClk" — and  the  same  being  read.  Ordered,  That  M'- 
White  join  said  Committee  from  the  house. 

A  Petition  from  the  Inhabitants  of  Essex,  for  an  additional  act  ena- 
bling them  to  perfect  their  divisional  and  other  land  lines  and  titles,  was 
received  from  the  house  with  this  order  thereon:  "In  General  Assem- 
bly Oct'-  23  [13,]  1806.  Read  and  referred  to  Mess*^  Clap,  Brigham  and 
Littlefield.  Oct'-  2'2<*'  The  Committee  ordered  to  join  a  Committee  from 
Council.  Att.  M.  Post  Clerk"— and  the  same  being  read.  Ordered, 
That  M'-  Wheelock  join  the  above  Committee  from  the  house. 

An  act  establishing  the  Town  lines  of  Berkshire  was  received  from 
the  house  with  this  order  thereon:  "In  General  Assembly  Oct'  22^- 
1806.  Read  and  referred  to  Mess*-  Edson,  Sheldon,  and  Emerson  to  join 
a  Committee  from  Council.  Att.  M.  Post  Clk  ■' — and  the  same  being 
read.  Ordered,  That  M'-  Chittenden  join  the  above  Committee. 

The  following  resolution  was  received  from  the  house:  ''In  General 
Assembly  Oct'-  22,  1806.  Resolved,  That  a  Committee  of  five,  to  join  a 
Committee  from  Council,  be  ai)pointed  to  enquire  into  the  valitlity  of 
the  Charter  of  the  Township  of  Wheelock,  and  make  report  to  this 
house.  Read  and  adopted,  and  Mess'-  Chase,  D.  Chipman,  M«)flit,  A. 
Lyon  and  Potter  were  appointed  a  Committee  from  the  house.  Att. 
M.  Post  Clerk  "—which  was  read  and  Ordered,  That  M'  Keyes  and  M'- 
Wheelock  join  the  above  Committee. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
*'An  act  appropriating  a  sum  of  money  therein  mentioned  (or  tiefrayinjr 
the  Expences  of  the  Council  of  Censors,"  was  sent  up  for  revision  and 
concurrence  or  proposals  of  amendment,  and  being  read,  it  was  Re- 
solved, To  concur  with  the  house  in  passing  the  said  bill  into  a  Law. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Thursday,  October  23«»'  1806,  9  O'clock  A.  M. 

^^  • 

The  Council  met  pursuant  to  adjournment. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  Concurrence  or  proposals  of  amendment:  "An  act 
annexing  Marvin's  Gore  to  the  Town  of  Highgate,"  "  An  act  directing 
the  Treasurer  to  credit  the  Town  of  Plymouth  the  sum  therein  men- 
tioned," and  "An  act  to  legalize  the  first  meeting  of  the  Passumpsic 
Turnpike  Company  " — and  the  same  being  severally  read  and  consid- 
ered, Resolved,  To  concur  with  the  house  in  passing  them  into  laws,  re- 
spectively. 

Adjourned  to  2  Odk  P.  M. 

2  O'CLOCK  p.  M.— An  Engrossed  bill,  passed  in  the  house  of  Repre- 
sentatives, Entitled  "  An  act  laying  a  Tax  of  two  cents  per  acre  on  the 
Town  of  Morristown,"  was  sent  uj)  for  revision  &e.  read,  and  Resolved, 
To  concur  with  the  house  in  passing  said  bill  into  a  law. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


122  Governor  and  Council — October  1806. 

FiUDAT,  October  24th,  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Petition  of  William  Barton  was  again  received  from  the  house 
with  this  new  order  thereon  :  *'  In  General  Assembly  Oct'-  17**»-  1806. 
Report  read  and  ordered  to  lie  on  the  table  and  be  made  the  order  of  the 
day  on  Tuesday  next.  Oct'-  24.  Called  up,  report  read,  and  with  the 
Petition  recommitted  to  the  former  joint  Committee  with  the  addition 
of  Mess'-  Wheatley  and  Denison  from  the  house,  with  directions  to  state 
facts  and  make  report.  Att.  M.  Post  Clk  "—and  the  said  report  and 
order  of  the  house  being  read.  Resolved,  To  concur  in  the  saia  recom- 
mittment  of  the  house  thereon. 

The  following  resolution  was  received  from  the  house — "  In  General 
Assembly  Oct'  24**''  1806.  Resolved,  The  Governor  and  Council  con- 
curring therein,  that  both  houses  meet  in  the  Representatives'  room  at 
10  o'clock  on  Tuesday  morning  next,  for  the  purpose  of  appointing  a 
Judge  of  the  County  Court  of  Rutland  County,  to  supply  the  vacancy 
made  by  the  resignation  of  Nathan  B.  Graham  in  said  Court,  to  the  first 
day  of  December  next.  Extract  from  the  Journal — Att.  M.  Post  Clk." 
— which  was  read,  and  Resolved,  To  concur  with  the  house  therein  with 
this  proposal  of  amendment  to  be  made  to  the  same,  [by  adding  the 
words]  "  and  also  a  Surveyor  General  for  the  year  ensuing." 

The  Petition  of  Jonathan  Parker  was  again  received  from  the  house 
with  this  new  order  thereon — "  In  General  Assembly  Oct'  24"»-  1806. 
Ordered,  That  the  Petition  be  recommitted  to  the  former  joint  Commit- 
tee. Att.  M.  Post  Clk  " —  in  which  recommittment  the  Governor  & 
Council  concurred. 

Adjourned  untill  2  O'clock  P.  M. 

2  O'CLOCK  P.  M. — An  Engrossed  bill,  passed  in  the  house  of  Repre- 
sentatives, Entitled  *'An  act  relating  to  the  State  Printing,"  was  sent  up 
for  revision  &c.  read,  and  Ordered,  That  it  be  referred  to  M'-  Galusha 
and  M'-  Loomis. 

M'-  Chittenden,  the  Committee  appointed  on  the  ''act  establishing  the 
town  lines  of  Berkshire,"  requested  to  be  excused  from  serving  as  a 
Committee  on  said  bill,  as  he  was  interested  in  some  of  the  towns  which 
might  be  affected  by  the  determination  of  this  bill,  whereupon  Re- 
solved, That  he  be  excused,  &  that  Gov'  Brigham  be  appointed  in  his 
room. 

On  motion  of  M'-  Galusha,  he  was  excused  from  sitting  as  one  of  the 
Committee  appointed  by  the  Council  on  the  ''  act  layipg  a  Tax  of  one 
cent  on  each  acre  of  land  in  the  Count v  of  Caledonia,"  and  M'-  Keves 
appointed  in  his  stead. 

The  Committee  to  whom  was  referred  the  bill  Entitled  "An  act  relat- 
ing to  State  printing,"  reported  sundry  amendments  to  be  made  to  the 
same,  which  were  rejected*  and  on  motiim,  the  bill  was  amended  by  in- 
serting in  the  9**^  line,  after  the  word  "  on,"  these  words,  '*  and  on  a  page 
equal  in  size  to  that  of  the  Laws  of  the  United  States.''  and  on  Motion 
of  Gov.  Brigham,  that  the  word  ''  Four  "  in  the  fitlh  line  be  erased  and 
the  word  ''two"  be  inserted  in  its  stead,  the  Yeas  and  Nays  being  re- 
quired by  M'  Spooner  were  as  follows — viz. — Yeas,  Gov'-  Brigham, 
Mess'  Galusha,  Chittenden.  Keyes,  Loomis,  Niles  and  Fletcher.  Navs, 
Mess*-  Wheelock,  Shepardson,  Witherell,  White,  Spooner  and  Wright. 
Yeas  7,  Nays  6,  so  the  amendment  was  adopted,  and  on  motion  Re- 
solved, To  concur  with  the  house  in  passing  the  said  bill  into  a  Law,  as 
amended,  and  M'-  Galusha  requested  to  inform  the  house  of  the  reasons 
of  Council  for  proposing  said  amendments. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Governor  and  Council — October  1806.  123 

« 
Satitrdat,  October  26^- 1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

On  motion.  Resolved,  The  house  of  Representatives  concurring 
herein,  that  the  Governor  and  Council  and  house  of  Representatives 
meet  in  joint  Committee  in  the  Representatives'  room,  at  ten  0'c»ock 
A.  M.  of  Tuesday  next  for  the  purpose  of  electing  a  Brigadier  General 
of  the  Second  Brigade  and  Second  Division  of  the  Militia  of  this  State, 
to  supply  the  vacancy  occasioned  by  the  resignation  of  Amos  Kellogg — 
— also  for  the  purpose  of  electing  a  Brigadier  General  of  the  second  Brig- 
ade and  fourth  Division  of  our  Militia,  to  supply  the  vacancy  occasioned  by 
the  resignation  of  Parley  Davis — and  also  for  the  purpose  of  electing  a 
Brigadier  General  of  the  third  Brigade  and  fourth  Division  of  our  Mili- 
tia, to  supply  the  vacancy  occasioned  by  the  resignation  of  Joel  Roberts. 
Ordered,  That  the  Sheriff  carry  the  above  resolution  to  the  house. 

The  following  communication  was  received  from  the  house:  **  In 
Council  of  Censors,  Middlebury,  Oct'-  21'*'  1806.  Resolved,  That  this 
Council  recommend  to  the  Legislature  now  sitting  to  repeal  the  Second 
Section  of  an  act  Entitled  "An  act  to  empower  the  Judges  of  the  Su- 
preme Court  to  grant  Bills  of  Divorce,  and  to  repeal  parts  of  certain  acts 
therein  mentioned,"  for  that  the  Council  consider  said  section  to  in- 
fringe upon  the  rights  of  Citizens,  as  granted  by  the  39'*»  Section  of  the 
Constitution  of  this  State.  Extract  from  the  Journals  — Attest  Isaac 
Clark  Sec^'  Pro  Tem  " — on  which  resolution  the  house  had  passed  this 
order:  *'  In  General  Assembly  Ocf-  24, 1806.  Rend  and  referred  to  the 
joint  Committee  on  the  bill  brought  in  by  M'-  Hutchinson  on  the  same 
subject  as  the  within.  Att.  M.  Post  Clk" — and  the  same  being  read, 
Resolved,  To  concur  with  the  house  in  their  said  reference. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
'*An  act  laying  a  Tax  of  three  cents  per  acre  on  the  Town  of  Underbill," 
was  sent  up  for  revision  &c.  read,  and  Ordered,  To  lie  on  the  table. 

Adjourned  untill  2  O'clock  P.  M. 

2  O'clock  P.  M. — An  act  regulating  Attornies'  fees  in  certain  cases 
was  received  from  the  house  with  this  order  thereon:  '*In  General  As- 
sembly Oct'-  24*'  1806.  Read  and  referred  to  the  Committee  on  the  fee 
Bill,  t4>  join  tfcc.  Att.  M.  Post  Clk  " — and  the  same  being  read.  Re- 
solved, To  concur  with  the  house  in  their  said  reference. 

A  bill  Entitled  *'  An  act  laying  a  tax  of  one  and  a  half  cent  per  acre 
on  Kelly  vale  "  [Lowell,]  was  received  from  the  house  with  this  order 
thereon:  "  In  General  Assembly  Ocf-  2.!>*'*'  1806.  Read  the  second  time 
and  on  motion  recommitted  to  the  First  joint  land  Tax  Committee. 
Att.  M.  Post  Clk  " — in  which  reconimittment  the  Governor  &  Council 
concurred. 

The  following  resolution  was  received  from  the  house — "In  General 
Assembly  Oct'-  25, 1806.  Resolved  that  a  Committee  of  three  members 
be  appointed  from  this  house,  to  join  such  Committee  as  the  Governor 
and  Council  may  appoint,  to  take  into  consideration  the  law  relating  to 
Grand  Jurors  and  to  enquire  whether  it  is  expedient  so  to  modify  the 
law  as  that  the  Grand  Jury  when  sitting  before  the  Supreme  Court  may 
enquire  after  neglects  in  repairing  roads  and  bridges  and  to  enquire  for 
offences  against  the  laws  which  direct  the  licencing  of  retailers  and  tav- 
emkeepers,  and  to  present  bills  of  indictment  when  found  to  the  County 
Courts.  Members  chosen  on  the  part  of  the  house.  Mess'-  Olin,  Chase 
and  T.  Hutchinson.  Extract  from  the  Journals,  Att.  M.  Post  Clk  " — 
and  the  same  being  read.  Ordered,  That  M'  Galusha  join  the  Committee 
from  the  house  on  the  aforesaid  resolution. 

The  following  resolution  was  received  from  the  house — "  In  General 


I 


124  Governor  and  Council — October  1806. 

AsBembly  Ocf-  25,  1806.  Resolved,  thai  there  he  a  Committee  ap- 
pointed, consisting  of  three  Members,  to  join  a  Committee  from  Coun- 
cil, to  take  under  consideration  *'  an  act  Entitled  an  act  regulating  the 
office  and  duty  of  Sheriff,  Hijh-Bailiff,  their  respective  Deputies,  and 
Constables,"  and  report  to  this  house  such  alterations  and  amendments, 
if  any,  as  they  may  deem  necessarv  and  expedient,  by  bill  or  otherwise. 
Read,  adopted  and  Mess*-  W*"-  C.  Harrington,  Spencer  and  Dewev  ap- 
pointed a  Committee  on  the  part  of  the  house.  Att.  M.  Post  Cfk  "— 
and  the  same  being  read.  Ordered,  That  Governor  Brigham  join  the 
aforesaid  Committee  from  the  house. 

A  bill  Entitled  An  act  establishing  the  town  lines  of  Berkshire  was 
again  received  from  the  house  with  this  new  order  thereon:  "In  Gen- 
eral Assembly  Ocf^-  2o**»'  1806.  Read  and  recommitted  to  former  joint 
Committee.  Att.  M.  Post  Clk '' — in  which  recommittment  the  Gov- 
ernor &  Council  concurred. 

Adjourned  untill  9  O'clock  on  Monday  Morning. 


Monday,  October  27»»»'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  bill  Entitled  **An  act  directing  the  appointment  of  Turnpike  In- 
spectors,'' was  again  received  from  the  house  with  this  new  order 
thereon:  "  In  General  Assemblv  Oct'-25"''  1806.  Read  the  second  time, 
amended  and  recommitted  to  the  former  joint  Committee.  Attest  M. 
Post  Clk" — in  which  recommittment  the  Governor  &  Council  concurred. 

An  Engrossed  Bill,  passed  in  the  house  of  Representatives,  Entitled 
*^An  act  to  authenticate  the  records  and  proceedings  of  the  town  of 
Richford,"  was  sent  up  for  revision  &c.  read,  and  Ordered,  Thut  it  be 
referred  to  M'  Galusha. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
**An  act  authorising  the  Proprietors  of  Waterl'ord  to  pitch  their  undi- 
vided lands  in  said  town,  and  establish  pitches  allready  made,"  was  sent 
up  for  revision  &c.  read,  and  Ordered,  That  it  be  referred  to  Gov'- 
Brigham. 

The  bill  Entitled  '*An  act  laying  a  Tax  of  three  cents  i)er  acre  on  the 
town  of  Underbill,"  was  again  read,  and  it  was  Resolved,  To  concur 
with  the  house  in  passing  said  bill  into  a  law. 

On  motion,  M'  Galusha  obtained  leave  to  introduce  a  bill  Entitled 
"An  act  to  amend  an  act  Entitled  an  act  establishing  the  form  of  Oaths, 
passed  Oct'-  Sl^**  1797,"  which  was  read,  passed  and  ordered  to  be  en- 
grossed and  sent  to  the  house  of  Representatives  for  their  concurrence. 

The  following  messa^re  was  received  from  the  house:  "In  General 
Assembly  Oct'-  25**»'  180(5.  Resolved,  that  this  house  concur  with  the 
Governor  and  Council  in  their  proposed  amendments  to  the  following 
bills,  and  the  same  have  become  laws,  to  wit,  A  bill  Entitled  An  act 
directing  the  Treasurer  to  nay  to  Doct'  Samuel  Williams  the  sum  therein 
mentioned,  A  bill  Entitled  An  act  to  incorporate  the  Proprietors  of  an 
acqueduct  in  the  East  Parish  in  Westminster,  and  A  bill  Entitled  An 
act  constituting  and  appointing  a  Company  of  Light  Infantry  in  the  first 
Regiment  second  Brigade  and  fourth  Division  of  the  Militia  of  this 
State.  Also,  Resolved,  that  this  house  concur  with  the  Governor  and 
Council  in  their  resolution  appointing  a  time  for  tUe  meeting  of  both 
houses  in  joint  Committee  for  the  purpose  of  electing  certain  Brigadier 
Generals,  and  also.  Resolved,  to  concur  with  the  Governor  and  Council 
in  their  proposed  amendment  to  the  resolution  for  meeting  in  joint 
Committee  for  the  purpose  of  electing  a  Judge  of  the  County  Court  in 


Governor  and  Council — October  1806.  125 

the  County  of  Rutland  in  the  room  of  Nathan  B.  Graham  Esquire  re- 
signed.    Extract  from  the  Journals,    Att.  M.  Post  Clerk." 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
An  act  granting  a  right  of  keeping  a  ferry  to  Benjamin  Bell,  was  sent 
up  for  revision  Ac.  read,  and  Ordered,  That  it  be  referred  to  M*^-  White 
and  M'-  Niles. 

A  remonstrance  from  Daniel  Willcox,  against  passing  the  last  men- 
tioned bill,  was  read,  and  Ordered,  That  it  be  referred  to  the  Committee 
on  the  same. 

The  following  resolution  was  received  from  the  house — "  In  General 
Assembly  Ocf^-  25, 1806.  Resolved,  That  his  Excellency  the  Governor 
be  requested,  by  and  with  the  advice  of  Council,  to  appoint  Thursday 
the  fourth  day  of  December  next  as  a  day  of  public  thanksgiving  and 
praise  throughout  this  State.  Extract  from  the  Journals,  Att.  M. 
Post  Clk" — and  the  same  being  read.  Resolved,  That  the  Council  ad- 
vise the  Governor  to  issue  his  proclamation  in  compliance  with  the  re- 
quest contained  in  the  above  resolution. 

Adjourned  untill  2  O'clock  P.  M. 

2  O'CLOCK  P.  M.— The  Petition  of  Norman  Webber  was  again  re- 
ceived from  the  house  with  this  new  order  thereon:  ''In  General  As- 
sembljr  Oct*^-  27.  1806.  This  Petition  recommitted  to  the  former  joint 
Committee  with  the  addition  of  Mess'-  Olin,  J.  Herrenton  *  and  A.  Lyon 
and  the  Committee  directed  to  report  by  bill  or  otherwise.  Att.  M. 
Post  Clk  "—and  the  Governor  &  Council  concurred  in  said  recommitt- 
ment. 

The  Committee  to  whom  was  referred  the  bill  Entitled  "an  act  grant- 
ing the  right  of  keeping  a  ferry  to  Benjamin  Bell,"  reported  the  follow- 
ing resolution — Resolved,  the  house  of  Representatives  concurring 
herein,  that  the  bill  Entitled  "  an  act  granting  the  right  of  keeping  a 
ferry  to  Benjamin  Bell,"  be  referred  to  the  next  session  of  the  Legisla- 
ture— which  report  was  accepted,  and  Ordered,  That  it  be  transmitted 
to  the  house  by  a  member,  and  that  he  assign  to  the  house  the  reasons 
for  the  same.     Member  chosen,  M'-  White. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  directing  the  Treasurer  to  pay  to  Jonathan  Ilolton  the  sum 
therein  mentioned,"  was  sent  up  for  revision  &c.  read  &  Resolved,  To 
concur  with  the  house  in  passing  said  bill  into  a  Law. 

The  Petition  of  Abel  Jackman  and  others,  praying  the  repeal  of  the 
act  establishing  the  Jurisdictional  lines  between  the  towns  of  Vershire 
and  Corinth  in  the  County  of  Orange,  was  again  received  from  the 
house  with  this  new  order  thereon:  "In  General  Assembly  Oct'- 27''»« 
1806.  Report  read  and  recommitted  to  former  joint  Committee.  Att.  M. 
Post  Clk." — in  which  recommitment  the  Governor  and  Council  con- 
curred. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  empowering  the  Selectmen  of  Hubbarton  and  Sudbury  in  the 
County  of  Rutland  to  draw  off  the  waters  of  certain  niillponds,"  was  sent 
up  for  revision  &c.  read  and  Ordered,  That  it  be  referred  to  M""-  With- 
erell. 

The  bill  Entitled  "An  act  relating  to  State  Printing,"  to  which  the 
Grovernor  and  Council  had  proposed  certain  amendments  on  the  25"* 
In*"' was  returned  from  the  house  with  this  new  order  thereon:  "In 
General  Assembly  Ocf^-  27, 1806. — Resolved,  that  the  house  do  concur 


^  James  Harrington.    The  name  is  frequently  written  Herrenton  in- 
the  journals. 


126  Governor  and  Council — October  1806. 

with  the  Governor  and  Council  in  their  last  proposed  amendment  to 
this  bill — also,  Resolved,  that  this  house  do  nonconcur  with  the  Gover- 
nor and  Council  in  their  first  proposed  amendment,  and  that  M"^-  T. 
Hutchinson  return  the  bill  to  the  Governor  &  Council  with  the  reasons 
of  the  house.  Att.  M.  Post  Clk  " — and  M""-  T.  Hutchinson,  after  assign- 
ing the  reasons  for  the  same,  withdrew — and  the  same  being  again  read, 
it  was  Resolved,  To  rescind  from  the  amendment  nonconcurred  by  the 
house,  and  to  concur  with  the  house  in  passing  the  same  with  the  last 
proposed  amendment. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "  An  act  era- 
powering  the  Selectmen  of  Hubbarton  and  Sudbury  in  the  County  of 
Rutland  to  draw  oflf  the  waters  of  certain  mill-ponds,"  reported  an 
amendment  to  be  made  to  the  same,  which  was  adopted,  and  then  it  was 
Resolved,  To  concur  with  the  house  in  pavssing  said  bill  into  a  law,  as 
amended,  and  M"^-  Witherell  appointed  to  inform  the  house  of  the  rea- 
sons of  Council  in  proposing  said  amendments. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Tuesday,  October  2S^^  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  resolution  was  received  from  the  house — *'  In  General 
Assembly  Oof-  27,  1806.  Resolved,  to  concur  with  the  Governor  and 
Council  in  their  proposed  amendments  to  the  bill  Entitled  ''An  act  con- 
stituting and  appointing -a  Company  of  Light  Infantry  in  the  second 
Regiment  in  the  second  Brigade  and  second  Division  of  the  Militia  of 
this  State,''  and  the  said  bill  has  passed  into  a  Law — also  Resolved,  to 
concur  with  the  Governor  and  Council  in  their  resolution  referring  to 
the  next  session  of  the  Legislature  a  bill  Entitled  '"An  act  granting  the 
right  of  keeping  a  ferry  to  Benjamin  Bell.-'  Extract  from  the  Journals, 
Att.  M.  Post  Clk." 

A  bill  Entitled  **An  act  to  amend  an  act  Entitled  an  act  directing  the 
proceedings  against  the  Trustees  of  concealed  or  absconding  debtors," 
was  received  from  the  house  with  this  order  thereon:  "In  General  As- 
sembly Oct'  27, 1806.  This  bill  was  reported  by  Committee,  report  ac- 
cepted and  the  bill  recommitted  to  former  joint  Committee  with  the 
addition  of  Mess*  N.  Chipman,  [Wm.  C]  Bradley  and  Olin.  Att.  M. 
Post  Clk  " — in  which  recommittment  the  Governor  and  Council  con- 
curred. 

A  bill  Entitled  ''  an  act  in  addition  to  an  act  Entitled  an  act  directing 
the  mode  of  election  of  Governor,  L*-  Governor,  Treasurer  of  the  State, 
Councillors  and  Representatives,"  was  received  from  the  house  with  this 
order  thereon — "  In  General  Assembly  Oct'  27,  1806.  This  bill  was  re- 
ported by  Committee,  read  and  the  report  accepted— on  motion  the  bill 
was  recommitted  for  amendment  to  the  former  joint  Committee.  Att. 
M.  Post  Clk" — in  which  recommittment  the  Governor  and  Council  con- 
curred. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representatives, 
were  sent  up  for  revision  and  concurrence  or  proposals  of  amendment 
— viz.  *'  An  act  directing  the  Secretary  of  State  to  record  those  laws  of 
the  last  session  which  remain  unrecorded,"  ''An  act  laying  a  tax  of  three 
cents  per  acre  on  the  town  of  Cabot,"  and  "  An  act  laying  a  tax  of  five 
cents  per  acre  on  the  town  of  Vineyard  "  [Isle  La  Motte,]  and  the  same 
being  severally  read  and  considered,  Resolved,  To  concur  with  the 
house  in  passing  them,  respectively,  into  laws. 

Pursuant  to  adjournment  and  the  Concurrent  resolution  of  both 


Governor  and  Council —  October  1806.  127 

houses,   the  Governor  and  Council  proceeded  to  the  Representatives' 
room,  and  met  the  house  in  joint  Committee  for  the  purpose  of  com- 

?leating  the  elections  of  the  County  Officers,  &  electing  an  assistant 
ud^e  of  the  Rutland  County  Court  to  supply  the  vacancy  occasioned 
by  the  resignation  of  Nathan  B.  Graham,  a  Surveyor  General,  and  sun- 
dry Brigadier  Generals,*  and  having  finished  the  sartie  the  joint  Commit- 
tee was  dissolved  and  the  Governor  and  Council  returned  to  their  cham- 
ber and  adjourned  untill  2  O'clock  P.  M. 

2  O'clock  P.  M.— On  motion  of  M'-  Witherell,  Resolved,  To  recon- 
sider the  vote  concurring  with  the  house  in  passing  the  bill  Entitled 
*'An  act  laying  a  Tax  of  three  cents  per  acre  on  the  town  of  Cabot,"  and 
to  concur  with  the  house  in  passing  the  same  with  this  amendment,  in- 
sert the  word  '*  Matthias  "  in  lieu  of  the  word  ''  Moses,"  in  the  seventh 
line,  and  M'-  Witherell  appointed  to  inform  the  house  of  the  reasons  for 
the  same. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment:  "  An  act 
laying  a  Tax  of  two  cents  per  acre  on  the  town  of  Westford,  An  act  an- 
nexing part  of  Pan  ton  to  the  Town  of  Wey  bridge,"  and  "  An  act  con- 
cerning Mortgages,  and  Tenants  in  Common  " — and  the  said  bills  being 
severally  read  and  considered,  it  was  Resolved,  To  concur  with  the 
house  in  passing  them,  respectively,  into  laws. 

The  following  message  was  received  from  the  house—'*  In  General 
Assembly  Oct*^-  28**»'  18(fe.  Resolved  to  concur  with  the  Governor  and 
Council  in  passing  the  bill  Entitled  "•  an  act  to  amend  an  act  Entitled 
an  act  estabfishing  the  forms  of  oaths,  passed  Ocl*^-  31,  1797,"  and  the 
same  has  become  a  law  of  this  State.  Extract  from  the  Journals,  At- 
,  test  Martin  Post  Clk." 

The  Petition  from  the  Town  of  Concord  was  again  received  from  the 
house  with  this  new  order  thereon — "In  General  Assembly  Oct'-  28, 
1806.  Report  read  and  Petition  recommitted  to  former  joint  Commit- 
tee. Att.  M.  Post  Clk  " — in  which  recommittment  the  Governor  and 
Council  concurred. 

The  Committee  on  the  bill  Entitled  "  An  act  to  authenticate  the  rec- 
ords and  proceedings  of  the  town  of  Richford,"  reported  that  it  ought  to 
become  a  Law — whereupon  Resolved,  To  concur  with  the  house  in  pass- 
ing said  bill  into  a  law. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
*'An  act  in  addition  to  and  alteration  of  an  act  Entitled  An  act  granting 
to  the  Common  Council  of  the  City  of  Vergenncs  liberty  to  raise  by  lot- 
tery the  sum  of  two  thousand  five  hundred  dollars  "  &c.  was  sent  up  for 
revision  &c.  read,  and  Resolved,  To  concur  with  the  house  in  passing 
said  bill  into  a  Law,  with  this  proposal  of  amendment,  insert  the  word 
"eight,"  in  the  fifth  line,  in  lieu  of  the  word  "  ten,"  and  M'-  Loomis  re- 
quested to  inform  the  house  of  the  reasons  of  Council. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Wednesday,  October  29»»».  1806,  9  O'clock  A.  M. 
The  Council  met  pursuant  to  adjournment. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment — **An  act 


*The  following  named  persons  were  elected:  Isaac  Clark  assistant 
judge  of  Rutland  County;  Joseph  Beemau  jr.  Surveyor  General;  Hor- 
ace OldB,  Micah  Barx:on,  and  William  Cahoon,  Brigadier  Generals. 


128  O-ovemor  and  Council — October  1806. 

laying  a  tax  of  three  cents  per  acre  on  the  town  of  Roxbury,  An  act 
laying  a  tax  of  three  cents  per  acre  on  the  town  of  Warren,  An  act  lay- 
ing a  tax  of  three  cents  per  acre  on  the  town  of  Lunenburgh,  An  act 
laying  a  tax  of  three  cents  per  acre  on  the  town  of  Holland,  An  act  lay- 
ing a  tax  of  three  cents  per  acre  on  the  town  of  Windham,  «&  An  act 
laying  a  tax  of  four  cents  per  acre  on  the  town  of  Sheffield,"  and  the 
said  bills  being  severally  read  and  considerod.  Resolved,  To  concur  with 
the  house  in  passing  them,  respectively,  into  laws. 

The  following  message  was  received  from  the  house—"  In  General 
Assembly  Oct'-  28,  1806— Resolved  to  concur  with  the  Governor  and 
Council  in  their  amendments  proposed  to  a  bill  Entitled  "  an  act  laying 
a  tax  of  three  cents  per  acre  on  the  town  of  Cabot,-'  and  a  bill  Entitled 
''An  act  empowering  the  Selectmen  of  Hubbarton  and  Sudbury  to  draw 
off  the  waters  of  certain  mill-ponds  " — And  the  said  bills  have  become 
laws  of  this  State.     Extract  from  the  Journals.    Alt.  M.  Post  Clk." 

An  Engrossed  bill,  passed  in  the  House  of  Representatives,  Entitled 
"An  act  laying  a  tax  of  three  cents  per  acre  on  the  town  of  Morgan,'' 
was  sent  up  for  revision  &c.  read  and  Ordered,  That  it  be  referred  to  M'- 
Wright. 

A  bill  Entitled  "  an  act  establishing  the  pitch  of  the  public  lands  in 
Windham  and  Londonderry,"  was  received  from  the  house  with  this 
order  thereon — "  In  General  Assembly  Oct^-  28,  1806 — Read  the  second 
time  and  recommitted  to  the  former  joint  Committee  with  the  addition 
of  Mess*-  Chase,  D.  Chipman  and  Rich.  Att.  M.  Post  Clk" — in  which 
recommittment  the  Governor  and  Council  concurred. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  laying  a  tax  of  two  cents  per  acre  on  Kelley's  Grant  N®-  2,"  was 
sent  up  for  revision  &c.  read,  and  Ordered,  That  it  be  referred  to  M'- 
Chittenden. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"  an  act  annexing  a  part  of  the  town  of  Pitlsfield  to  the  Town  of  Roch- 
ester," was  sent  up  for  revision  &c.  read,  amended,  and  then  Resolved, 
To  concur  with  the  house  in  passing  the  same  into  a  law,  with  the  said 
pronosals  of  amendment,  and  M'*  Galusha  requested  to  intorm  the  house 
of  the  reasons  of  Council  for  proposing  the  same. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "An  act  au- 
thorising the  Proprietors  of  Waterford  to  pitch  their  undivided  lands  in 
said  town,  and  establish  pitches  allready  made,"  reported  an  amendment 
to  be  made  to  the  same,  which  report  was  accepted,  and  it  was  Resolved, 
To  concur  with  the  house  in  passing  said  bill  into  a  law,  with  said  pro- 
posal of  amendment,  and  M""-  Galusha  appointed  to  inform  the  house  of 
the  reasons  of  Council  for  proposing  the  same. 

The  bill  Entitled  "An  act  in  addition  to  and  alteration  of  an  act  grant- 
ing to  the  Common  Council  ot  the  City  of  Vergennes  liberty  to  raise  by 
Lottery  the  sum  of  two  thousand  ^\c  hundred  dollars"  &c.  was  returned 
from  the  house  by  M*"-  Rich,  a  member,  with  this  order  thereon — "  In 
General  Assembly  Oct'-  29.  1806.  Read  and  resolved  to  nonconcur  with 
the  Governor  and  Council  in  their  amendment  to  this  bill,  and  that  a 
member  be  appointed  to  carry  up  the  same  and  assign  the  reasons  of  the 
house  for  their  nonconcurrence.  Member  chosen,  M'-Rich.  Attest  M. 
Post  Clk  " — and  alter  assigning  the  reasons,  M'-  Rich  withdrew — where- 
upon, on  motion.  Resolved,  To  rescind  the  vote  proposing  said  amend- 
ment to  said  bill,  and  to  concur  with  the  house  in  passing  the  same  into 
a  Law  without  amendment. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — A  bill,  passed  in  the  house  of  Representatives,  En- 
titled "An  act  directing  the  appointment  of  Turnpike  Inspectors,  and 


Qovemor  and  Council — October  1806.  129 

re^latin^  their  office  and  duty,"  was  sent  up  for  revision  &c.  read,  and 
referred  to  Mess'-  VVitherell  &  Galusha. 

The  Committee,  to  whom  was  referred  the  hill  Entitled  "  An  act  lay- 
ing a  Tax  of  three  cents  per  acre  on  Morgan."  reported  an  amendment 
to  be  made  to  said  act,  which  was  accepted,  &  Resolved,  To  concur  with 
the  house  in  passing  said  bill  into  a  law,  with  said  proposal  of  amend- 
ment, and  M*"-  Wright  appointed  to  inform  the  house  of  the  reasons  of 
Council  in  proposinj?  the  same. 

The  Petition  of  Norman  Webber  was  a  third  time  received  from  the 
bouse  with  ibis  new  order  theretm:  "  In  General  Assembly  Oct'-  29,  1806. 
— This  Petition  and  the  enclosed  bill  recommitted  to  former  joint 
Committee,  and  the  Committee  directed  to  state  facts  and  to  report  by 
bill  or  otherwise.  Attest  M.  Post  Clk." — in  which  recommittment 
the  Governor  &  Council  concurred. 

The  Committee  on  the  bill  Entilled  "An  act  directing  the  appoint- 
ment of  Turnpike  Inspectors,  and  regulating  their  office  and  duty,"  re- 
f)orted  that  it  ought  to  pass,  whereupon  Resolved,  To  concur  with  the 
lOUse  in  passing  said  bill  into  a  Law. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Thursday,  October  30"»'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  Concurrence  or  proposals  of  amendment — "An  act 
laying  a  Tax  of  two  cents  per  acre  on  the  town  of  Sunderland,  An  act 
laying  a  tax  of  three  cents  per  acre  pn  the  town  of  Concord,  An  act  di- 
recting the  Treasurer  to  credit  the  Town  of  Richmond  the  sum  therein 
mentioned.  An  act  laying  a  tax  of  two  cents  per  acre  on  the  town  of 
Ferrisburgh,"  and  "An  act  granting  a  new  trial  to  Archibald  Prichard," 
and  the  said  bills  being  severally  read  and  considered,  it  was  Resolved, 
To  concur  with  the  house  in  passing  them,  respectively,  into  Laws. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  "An  act 
granting  to  Daniel  Ilurlhut  the  exclusive  right  of  building  a  toll  Bridge 
across  Onion  River,"  was  sent  up  for  revision  &c.  read  &  Ordered,  That 
it  be  referred  to  M'-  Withcrell. 

The  following  message  was  received  from  the  house:  "In  General 
Assembly  Oct'  29,  1800.  Rosolved  to  concur  with  the  Governor  and 
Council  in  their  amendments  to  the  following  bills,  via  A  bill  Entitled 
**An  act  annexing  a  part  of  the  town  of  Pittsfield  to  the  Town  of  Roch- 
ester," and  A  bill  Entitled  "An  act  authorising  the  Proprietors  of 
Waterford  to  pilch  their  undivided  lands  in  said  town  and  establish 
pitches  allready  made  "—And  the  said  bills  have  become  laws  of  this 
State.     Extract  from  the  Journals,    Att.  M.  Post  Clk." 

A  bill  Entitled  "  An  act  to  restrain  the  i)ractice  of  giving  spirituous 
liquors  on  the  day  of  election  &c."  was  received  from  the  house  with 
this  order  thereon— "In  General  Assembly  Oct'  29*»»«  180C— Read  the  1* 
lime  and  referred  to  the  joint  Committee  on  the  bill  relating  to  the 
election  of  Governor.  L^  Governor  &c.  Attest  M.  Post  Clk" — and  the 
same  being  read,  Resolved,  To  concur  with  the  house  in  their  said 
reference. 

The  bill  Entitled  "An  act  laying  a  tax  of  three  cents  per  acre  on  the 
town  of  Morgan,"  to  which  the  Governor  and  Council  had  yesterday 
proposed  an  amendment,  was  returned  from  the  house  by  M'-  E.  Robin- 
son, a  Member,  with  this  order  thereon — "In  General  Assembly  Ocf* 
30,  1806.      Resolved  to  nonconcur  with  the  Governor  and  Council  io 

9 


130  Governor  and  Council — October  1806. 

their  proposed  amendment  to  this  bill,  and  that  M'-  E.  Robinson  be  a 
Committee  to  carry  up  the  said  bill  and  assign  the  reasons  of  the  house. 
Att.  M.  Post  Clk"— and  after  assigning  the  reasons,  M"^-  Robinson  with- 
drew, and  the  said  bill  and  amendment  being  read,  on  motion.  Resolved, 
To  rescind  from  the  said  proposed  amendment,  and  to  concur  with  the 
house  in  passing  the  same  into  a  Law. 

The  following  resolution  was  received  from  the  house:  "In  General 
Assembly,  Oct'-  29,  1806.  Resolved,  that  the  following  persons,  viz. 
Stephen  Conant,  Martin  Cheney.  William  Emerson,  Nahum  Mower 
and  others,  Mechanicks  of  the  town  of  Windsor,  be  incorporated  into  a 
Society,  by  the  name  of  the  Windsor  Mcchanick  Association,  with  such 
privileges  and  immunities  as  are  usual  in  such  cases.  Oct'-  30:  Read 
and  referred  to  the  Joint  Committee  on  the  Petition  of  the  Grand 
Lodge,  to  report  by  bill  or  otherwise.  Att.  M.  Post  Clk" — and  the 
same  being  read.  Resolved,  To  concur  with  the  house  in  their  said 
reference. 

Adjourned  untill  2  O'clock  P.  M. 

2  O'clock  P.  M.— A  bill  Entitled  "An  act  in  addition  to  and  expla- 
nation of  an  act  Entitled  An  act  rtgulaling  the  Office  and  duty  of 
Sheriff"  Ac.  was  received  from  the  house  with  this  order  thereon — "In 
General  Assembly  Ocf-  80,  1806 — Reported  by  Committee,  read  and 
amended,  and  on  motion  recommitted  to  former  joint  Committee  for 
further  amendment.  Att.  M.  Post  Clk." — in  which  recommittment  the 
Governor  &  Council  concurred. 

A  bill,  passed  in  the  house  of  Representatives,  Eutitled  ''an  act  in 
additiim  to  an  act  Entitled  an  act  reducing  into  one  the  several  acts  for 
laying  out,  repairing  and  clearing  highways,"  was  sent  up  for  revision 
&c.  read,  amended,  and  Resolved,  To  concur  with  the  house  in  passing 
the  same  into  a  law,  with  the  said  proposals  of  amendment,  and  M'-  Ga- 
lusha  appointed  to  inform  the  house  of  the  reasons  for  proposing  the 
same. 

A  bill,  passed  in  the  house  of  Representatives.  Entitled  "An  act  era- 
powering  the  Sefectmen  of  Wells  and  Poultney  in  the  County  of  Rut- 
land to  draw  the  waters  of  a  certain  Mill-Pond  raised  in  Wells  and 
Poultney,  to  their  ancient  and  natural  level,  at  certain  seasons  of  the 
year,''  was  sent  up  for  revision  &c.  read,  amended,  and  then  it  was  Re- 
solved, To  concur  with  the  house  in  passing  said  bill  into  a  law,  with 
said  proposals  of  amendment. 

Adjourned  unljll  0  O'clock  Tomorrow  morning. 


MiDDLEBURY,  Friday,  October  81"«- 180<),  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  bill,  Entitled  "An  act  in  addition  to  and  explanation  of  an  act  En- 
titled an  act  regulating  the  office  &  duty  of  Sheriff  &c."  was  again  re- 
ceived from  the  house  with  this  new  order  thereon:  "In  General 
Assembly  Ocf^-  80.  1806 — rejmrt  read  and  accepted,  and  the  bill  read  and 
recommitted  to  the  former  joint  Committee.  Attest  M.  Post  Clk." — 
in  which  n^committmenl  the  Governor  and  Council  concurred. 

.\  bill  Entitled  "An  act  directing  the  Treasurer  to  pay  to  Tim°-  F. 
(hipman  and  Henry  Hall  the  sum  therein  mentioned,"  was  received 
from  the  house  with  this  order  thereon — "In  General  Assembly  Oct'- 
Si)^'  1806.  This  bill  was  bro*-  in  on  motion  of  leave  by  M'-  Rich — Read 
the  l**  time  &  Referred  to  Mess"-  Buek,  Shaw,  Hendee,  Rich  and  Whit- 
ney, to  join  a  Committee  from  Council.     Attest     M.  Post  Clerk  " — and 


Governor  and  Council — October  1806.  131 

the  same  being  read,  Ordered,  That  Gov'-  Brigham  join  the  above  Com- 
mittee. 

The  following  resolution  was  received  from  the  house — "In  General 
Assembly  Oct'-  30^^*  1806 — Whereas,  it  is  of  the  utmost  importance  in  a 
good  government,  that  the  laws  should  be  uniform  and  easy  to  be  under- 
stood, and  that  the  means  of  ascertaining  the  line  of  duty  should  be 
made  as  cheap  and  easy  as  possible,  not  only  to  those  who  hold  Offices 
in  the  government,  but  to  every  individual  citizen  in  subjection  to  it — 
and,  Whereas,  Hiere  has  been  no  revision  of  the  Statutes  of  this  State 
for  nearly  ten  years,  and  the  public  acts  of  the  Legislature,  during  that 
period,  are  dispersed  thro'  a  variety  of  pamphlets,  rendering  it  ex- 
tren^ely  inconvenient  to  the  good  people  of  this  State  to  refer  to  the 
laws  whenever  the  same  shall  be  necessary — Resolved,  That  a  Commit- 
tee of  three  be  appointed  from  this  house,  to  join  such  Committee  as  the 
Governor  and  Council  shall  appoint,  to  enquire  into  the  expediency  of 
appointing  a  Committee  of  revision,  for  the  purpose  of  revising  the  acts 
passed  by  the  Legislature  of  Vermont,  since  the  revision  of  1797,  and  of 
reducing  the  public  acts,  passed  during  that  period,  into  a  more  compact 
ibrm,  And  of  noticing  the  existing  variations,  between  those  acts,  and  the 
revised  laws  published  by  the  authority  of  the  Legislature  in  the  year 
1798. — Read,  adopted  and  Mess'-  Bradley,  Aiken  and  Whitney  were  ap- 
pointed a  Committee  on  the  part  of  the  house.  Att.  M.  Post  Clk." — 
and  the  same  being  read.  Ordered,  That  M'-  Galusha  join  the  Committee 
on  the  above  resolution. 

The  following  resolution  was  received  from  the  house:  *'In  General 
Assembly  Oct'  30,  1806.  Whereas  there  have  been  a  number  of  in- 
stances of  Negro  persons,  who  were  minors,  having  been  transported  by 
evil  minded  persons  from  this  to  the  other  States  and  province  of  Can- 
ada, where  slavery  is  established  by  law,  and  there  disposed  of  as  slaves, 
which  practice  is  contrary  to  the  Genius  and  principles  of  the  good  peo- 
ple and  Government  of  this  state,  and.  Therefore,  the  evil  of  which 
pernicious  pr.ictices  to  prevent, — Resolved  there  be  a  Committee  of  five 
members  tO  join  from  Council,  to  take  under  consideration  the  propriety 
of  passing  a  law  for  remedying  the  evils  abovementioncd,  and  report  to 
this  house  by  bill  or  otherwise.  Read,  adopted,  and  Mess'-  Ilendee, 
Williams,  E.  Robinson,  Hinmau  and  House  were  appointed  a  Committee 
on  the  part  of  the  house.  Attest  M.  Post  Clk."— and  the  same  being 
read.  Ordered,  That  M'-  Shepardson  join  the  above  Committee  from  the 
house.  * 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment — **An  act 
directing  the  Treasurer  of  this  State  to  credit  the  town  of  Stockbridge 
the  sum  therein  mentioned,  An  act  laying  a  Tax  of  three  cents  per  acre 
on  all  the  lands  within  the  original  grant  of  the  township  of  New  Hun- 
tington [Huntington,]  Buel's  and  Avery's  Gore,  An  act  laying  a  tax  of 


*Tliis  resulted  in  an  act  to  prevent  kidnapping,  the  penalty  for  which 
was  that  any  offender  should  '*  be  publicly  whipped,  on  his  naked  back, 
not  exceeding  thirty-nine  stripes,  or  pay  a  fine  not  exceeding  one  thou- 
sand dollars  and  be  confined  to  hard  labor  or  imprisonment  not  exceed- 
iDg  seven  years  ;  any  part,  or  the  whole  of  the  aforesaid  punishment  to 
be  inflicted,  or  penalty  to  be  imposed,  at  the  discretion  of  said  [supreme] 
court ;  and  shall  be  further  liable  to  make  good  all  damages,  to  the  per- 
son thus  carried  away,  removed,  or  disposed  of." — See  printed  Laws  of 
Vermont^  1806,  p.  161. 


182  0-ov$mor  and  Council — November  1806. 

three  cents  per  acre  on  the  town  of  Hopkinville  [Kirby,]  An  act  direct- 
in<»  the  Treasurer  of  this  State  to  credit  the  Town  of  Wells  the  sum 
therein  mentioned,"  and  *'An  act  assessing  a  Tax  of  one  cent  on  the 
dollar  on  the  list  of  the  present  vear"  [State  tax,]  and  the  same  being 
severally  read  and  considered,  fiesolved  to  concur  with  the  house  in 
passing  them,  respectively,  into  laws. 
Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  following  message  was  received  from  the 
house — ''  In  General  Assembly  Oct'-  ^l***  1806 — Resolved  to  concur  with 
the  Governor  and  Council  in  their  amendments  proposed  to  the  bill 
Entitled  "An  act  empowerinjj  the  Selectmen  of  Wells  and  Poultney  to 
ilraw  off  the  waters  of  certain  mill-ponds  "  &c.  and  the  said  bill  has 
passed  into  a  Law  of  this  state.  Extract  from  the  Journals,  Attest  M. 
Post  Clerk." 

A  Petition  from  the  Dorset  Turnpike  Company,  for  an  extension  of 
said  road,  and  to  repeal  a  certain  limitation  in  the  act  incru'porating  said 
Company,  was  received  from  the  house  with  this  order  thereon — ''  In 
General  Assembly  Oct'-  31'*-  1806.  Read  and  referred  to  the  tirst  Joint 
Turnpike  Committee.  Att.  M.  Post  Clk  " — nnd  the  same  being  read. 
Resolved  to  concur  with  the  house  in  the  said  reference. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Saturday,  November  l-^^  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

On  Motion,  M'  Chittenden  [had]  leave  of  absence,  after  tomorrow, 
for  the  remainder  of  the  Session. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment—"  An  act 
granting  relief  to  Cap*  John  Vincent,  an  indigent  Indian  in  this  State, 
An  act  granting  a  new  trial  to  Abel  Farewell  in  a  case  therein  men- 
tioned. An  act  apnointing  a  Committee  to  lay  out  and  survey  a  road 
therein  mentioned.  An  act  directing  the  Treasurer  to  credit  to  Jacob 
Davis  the  sum  therein  mentioned.  An  act  in  addition  to  and  amendment 
of  an  act  Entitled  an  act  laying  a  tax  of  tive  mills  on  the  dollar  on  the 
polls  and  rateable  estate  of  the  County  of  Franklin  for  the  year  1805, 
and  appointing  auditors  for  the  purpose  therein  mentioned,  passed  Nov. 
7***-  1805,"  and  the  said  bills  being  severally  read  and  considered.  Re- 
solved, To  concur  with  the  house  in  passing  the  same,  respectively,  into 
laws. 

A  bill  Entitled  ''an  act  to  amend  an  act  Entitled  an  act  directing  the 
proceedings  against  the  Trustees  of  concealed  or  absconding  debtors," 
was  again  received  from  the  house  with  this  new  order  thereon:  ''In 
General  Assembly  Ocf  31,  18(K5.  Bill  read  the  second  time  and  refer- 
red to  Mess*  Bradley.  Potter,  W"*  C.  Harrington,  Spencer  and  Hendee, 
lo  join  a  Committee  from  the  Council,  for  amendment.  Att.  M.  Post 
Clerk  " — and  the  same  being  read.  Ordered,  That  M'-  Galusha*  &  M'- 
Wheelock  join  the  above  Committee. 

Adjourned  to  2  OVlock  P.  M. 

2  O'CLOCK  P.  M.--A  bill  Entitled  ''An  act  in  addition  to  and  in  al- 
teration of  an  act  Entitled  an  act  regulating  marriage  and  divorce, 
passi'd  February  28*'^'  1797,"  was  received  from  the  house  with  this  order 
thereon:  *'  In  General  Assembly  Nov.  1,  1806— This  bill  was  brought  in 
on  motion  of  leave  by  M*"-  Bailey,  read  and  referred  to  Mess*-  Bailey,  * 
Rich  &  G.  Stone,  to  join  a  Committee  from  the  Council.    Attest  M. 


Governor  and  Council — November  1806.  138 

Post  Clerk*' — and  the  same  being  read,  Ordered,  That  M'-  Nilcs  &  M'- 
Shepai*d8on  join  the  above  Committee. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
**An  act  in  addition  to  an  act  Entitled  an  act  regulating  Town  meetings 
and  the  choice  and  duty  of  Town  officers."  was  sent  up  for  revision  Ac. 
read  and  referred  to  M^  Galusha  &  M'-  AVitherell. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  repealing  a  certain  act  therein  mentioned,"  was  sent  up  for  re- 
vision &c.  read,  and  Resolved.  To  concur  with  the  house  in  passing  said 
bill  into  a  Law. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives.  Entitled 
**An  act  granting  to  Samuel  B.  SheWon  the  exclusive  right  of  building 
a  Toll  Bridge  across  Missisquoi  River,"  was  sent  up  for  revision  &c. 
read,  and  Ordered.  That  it  be  referred  to  M*"  Witherell  for  amendment.' 

Adjourned  untill  9  O'clock  Monday  morning. 


MiDDLEBURY,  Monday,  November  3"*'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  "An  act  lay- 
ing a  tax  of  four  cents  per  acre  on  the  town  of  Danville,"  was  sent  up 
for  revision  &c.  read,  and  Resolved,  To  concur  with  the  house  in  passing 
^id  bill  into  a  Law. 

An  Engrossed  bill,  passed  in  the  hou>{e  of  Representatives,  Entitled 
"An  act  in  addition  to  and  in  amendment  of  the  Laws  now  in  force  re- 
lating to  Goals  and  Goalers,"  was  sent  up  for  revision  &c.  and  being 
read.  Ordered,  That  it  be  referred  to  M'-  Loomis. 

The  bill  Entitled  "An  act  in  addition  to  an  act  Entitled  an  act  re- 
ducing into  one  the  several  acts  for  laying  out,  making,  repairing  and 
clearing  highways,"  to  which  the  Governor  and  Council  had  proposed 
certain  amendments,  was  returned  from  the  house  by  M*"-  Hutchinson,  a 
Member,  with  this  order  of  the  house  thereon — *'In  General  Assembly 
Nov.  1,  1806. — Resolved  to  nonconcur  with  the  Governor  and  Council  in 
their  amendment  to  this  bill,  and  that  M"^-  T.  Hutchinson  carry  up  the 
same  and  assign  the  reasons  of  the  house.  Attest  M.  Post  Clerk" — and 
after  assigning  the  reasons*  he  withdrew — and  the  said  bill  being  again 
read,  on  motion.  Resolved,  To  rescind  from  the  said  proposal  of  amend- 
ment, and  the  said  bill  having  received  further  and  other  amendments, 
Resolved,  To  concur  with  the  house  in  passing  the  same  into  a  law,  with 
the  said  further  proposals  of  amendment. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
**An  act  in  addition  to  and  alteration  of  an  act  Entitled  an  act  to  appoint 
a  Committee  to  lay  out  and  survey  a  road  from  the  place  where  the 
bridge  over  Connecticut  River  was  erected  in  Norwich  to  Chelsea  Court 
house,"  was  sent  up  for  revision  &c.  and  the  same  being  read,  Ordered, 
That  it  be  referred  to  M""  Loomis. 

M'-  Keves,  on  motion,  obtained  leave  to  introduce  a  bill  Entitled  "An 
act  enabfing  the  owners  of  toll  bridges  and  Turnpike  Roads  to  lessen 
the  rate  of  toll  on  the  same,"  which  was  read,  antl  Ordered,  To  lie  on 
the  table. 

The  following  resolution  was  received  from  the  house — **  In  General 
As.sembly  Nov.  3,  1806.  Resolved,  That  a  Committee  consisting  of  a 
Member  from  each  County  be  appointed  to  join  a  Committee  from 
Council,  to  receive  and  distribute  the  warrants  for  the  State  Tax  on  the 
list  of  1806,  the  Election  Sermons,  and  Proclamations  for  thanksgiving. 
Members  chosen,  Mess*-  Ilale,  Knoulton,  Uolden,  R.  Lyon,  Pond,  W. 


184  Governor  and  Council — November  1806. 

Child,  Barney,  Edson,  Green,  J.  Lyon,  Wetherbee  &  Sowles.  Extract 
from  the  Journals,  Att.  M.  Post  Clk  " — and  the  same  being  read.  Or- 
dered, That  M'-  Shepardson  join  said  Committee  from  the  liouse. 

A  bill  Entitled  "  An  act  establishing  the  Jurisdictional  lines  of  the 
town  of  Berkshire,"  was  received  from  the  house  with  this  order  thereon: 
*'  In  General  Assembly  Nov.  3,  1806.  This  bill  was  bro*-  in  on  motion  of 
M'-  Littlefield,  Read  and  referred  to  Mess'-  Edson,  Ware  &  Emerson,  to 
join  a  Committee  from  Council.  Attest  M.  Post  Clerk  " — and  the  same 
being  read.  Ordered,  That  M'-  Wright  join  the  above  Committee. 

A  bill  Entitled  "An  act  establishing  a  County  Grammar  School  at 
Randolph  in  Orange  County,"  was  received  from  the  house  with  this 
order  thereon:  "  In  General  Assembly  Xov.  3,  1806.  This  bill  was  bro*- 
in  on  motion  of  leave  by  M"^-  Chase,  Read  and  referred  to  Mess*^  Buck. 
Mather,  D.  Palmer,  Shaw  and  Campbell,  to  join  a  Committee  from 
Council.  Attest  M.  Post  Clerk  " — and  the  same  being  read,  Ordered, 
That  M*"-  Witherell  join  the  above  Committee. 

Adjourned  to  2  O'clock  P.  M. 

2  O'CLOCK  P.  M.— The  Committee,  to  whom  was  referred  the  bill  En- 
titled "An  act  in  addition  to  and  amendment  of  the  Laws  now  in  force 
relating  to  Goals  and  Goalers."  reported  that  it  ought  to  pass,  where- 
upon Resolved,  To  concur  with  the  house  in  passing  said  bill  into  a  Law. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "  An  act  in 
addition  to  and  alteration  of  an  act  Entitled  an  act  to  appoint  a  Commit- 
tee to  lay  out  and  survey  a  road  from  the  place  where  the  bridge  over 
Connecticut  River  was  erected  ht  Norwich  to  Clu-lsea  Court  house,"  re- 
ported that  said  bill  ought  to  ])ass,  and  it  being  again  read,  Resolved,  To 
concur  with  the  house  m  passing,  the  same  into  a  Law. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  **An  act 
granting  to  Samuel  B.  Sheldon  the  exclusive  right  of  building  a  toll 
bridge  across  Missisquoi  River,"  reported  sundry  amendments  to  be 
made  [to]  said  bill,  and  the  same  were  adopted  &  then  Resolved,  To 
concur  with  the  house  in  passing  the  said  bill  into  a  Law,  with  said 
proposals  of  amendment,  and  M''-  Witherell  appointed  to  as.sign  the 
reasons  for  the  same  to  the  house. 

A  bill  Entitled  **An  act  relating  to  the  dutv  of  the  Grand  Jury  before 
the  Supreme  Court,"  was  received  from  the  house  with  this  order 
thereon:  "In  General  Assembly  Nov.  3,  1806.  This  bill  reported  by 
Committee,  read  the  l**  time  and  recommitted  to  former  joint  Commit- 
tee. Attest  M.  Post  Clerk" — and  the  same  being  read.  Resolved,  To 
concur  with  the  house  in  the  said  recommittment. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  "An  act  to 
authorize  the  Proprietors  and  Landowners  of  Norwich  to  establish  the 
division  of  their  lands,"  was  sent  up  for  revision  &c.  and  the  same  being 
read;  Ordered,  That  it  be  referred  to  Mr.  Keyes. 

A  bill  Entitled  "An  act  in  addition  to  an  act  Entitled  an  act  incorpo- 
rating certain  persons  therein  mentioned  by  the  name  of  the  Center 
Turnpike  Company,"  was  received  from  the  house  with  this  order 
thereon:  "In  General  Assembly  Nov.  3,  1806. — This  bill  rejmrted  by 
Committee  and  recommitted  to  former  joint  Committee.  Attest  M. 
Post  Clk" — and  the  same  being  read.  Resolved,  To  Concur  with  the 
house  in  said  reference. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Governor  and  Council — November  1806.  135 

MiDDLEBURY,  Tuesday,  November  4^  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "An  act 
granting  to  Daniel  Hurlbut  and  his  Associates  the  exclusive  right  of 
building  a  toll  bridge  across  Onion  River,"  reported  sundry  amend- 
ments, which  were  adopted,  the  bill  read  as  amended,  and  then  it  was 
Resolved,  To  concur  with  the  house  in  passing  said  bill  into  a  law,  with 
said  proposals  of  amendment,  and  M'*  Witherell  appointed  to  inform  the 
house  of  the  reasons  for  the  same. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment — "An  act 
giving  day  of  payment  to  Joseph  Winslow,  Administrator  on  the  Estate 
of  Peleg  Winslow,  late  of  Putney,  deceased,  for  two  certain  Executions 
in  favor  of  the  Treasurer  of  this  State  against  said  Joseph  as  Adminis- 
trator as  aforesaid,  for  the  term  therein  mentioned;  An  act  extending 
the  time  for  recording  certain  Advertisements  in  the  Town  Clerk's  office 
in  Montgomery;  An  act  extending  the  time  for  recording  a  certain  Ad- 
vertisement in  the  town  of  Berkshire,  relating  to  a  road  Tax;  An  act 
relating  to  the  records  of  the  Town  of  Topsham;  An  act  in  addition  to 
an  act  Entitled  An  act  granting  the  right  of  making  and  keeping  a 
Turnpike  road  from  the  lower  bridge  over  Onion  River  in  Colchester  to 
the  ferry  from  Middle  hero  to  Cumberland  head,"  and  "An  act  extend- 
ing the  time  of  forfeiting  the  grant  to  the  Fairhaven  Turnpike  Com- 
pany," and  the  said  bills  being  severally  read  &  considered.  Resolved, 
To  concur  with  the  house  in  passing  them,  respectively,  into  laws. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  to  authenticate  the  records  of  the  town  of  Panton,"  was  sent  up 
for  revision  &c.  read,  and  amended  by  erasing  the  word  "  legal "  in  the 
8**»  line  and  inserting  the  word  "  the,"  and  then  Resolved,  To  concur 
with  the  house  in  passing  said  bill  into  a  law,  with  said  proposal  of 
amendment,  and  M'-  Loomis  appointed  to  assign  to  the  house  the  rea- 
sons for  the  same. 

On  motion  of  M*"-  Witherell,  M'-  Chittenden,  appointed  a  Committee 
on  the  bill  Entitled  "An  act  laying  a  tax  of  two  cents  per  acre  on 
Kelley's  Grant  N®-  2,"  was  discharged  from  any  further  consideration  of 
the  same,  and  M^-  Shepardson  ap))ointed  in  his  room. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
**An  act  granting  a  new  trial  in  a  certain  cause  therein  mentioned,"  was 
sent  up  for  revision  &c,  and  being  read.  Ordered,  That  it  be  referred  to 
M'-  Niles. 

The  following  resolution  was  received  from  the  house — "In  General 
Assembly  Nov.  3,  1806.  Resolved,  the  Governor  and  Council  concur- 
ring herein,  llmt  both  houses  meet  in  the  Representatives'  room,  at  10 
o'clock  on  Friday  morning  next,  and  adjourn  the  Legislature  without 
day.  Extract  from  the  Journals,  Attest  M.  Post  Clerk" — and  the  same 
bemg  read,  it  was  Ordered,  To  lie  on  the  table. 

Abill  Entitled  "An  act  to  appoint  a  Committee  to  designate  a  place 
for  Orange  County  Grammar  School"  was  received  from  the  house  with 
this  order  thereon — "In  General  Assembly  Nov.  4**»»  1806.  This  bill  was 
bro*-  in  on  motion  of  leave  by  M'  Peaslee,  Read  and  referred  to  the 
Committee  on  the  bill  establishing  Orange  County  Grammar  School,  to 
join  &c.  Attest  M.  Post  Clerk" -and  the  same  being  read.  Resolved, 
To  concur  with  the  house  in  the  said  reference. 

The  following  resolution  was  received  from  the  house — "In  General 
Assembly  Nov.  4, 1806.  Resolved,  the  Governor  and  Council  concurring 
herein,  that  both  branches  of  the  Legislature  nieet  in  joint  Committee, 
in  the  Representatives'  room,  on  Thursday  next,  at  10  o'clock  A.  M.  for 


136  Governor  and  Council — November  1806. 

the  purpose  of  making  further  nppointnients  of  County  officers.  Attest 
M.  Jrost  Clerk'' — and  the  same  being  read,  Resolved,  I'o  concur  with  the 
house  therein. 

A  bill  Entitled  **An  act  directing  the  purchase  of  a  field  piece  for  a 
Company  therein  mentioned,"  was  received  from  the  house  with  this 
order  thereon:  "In  General  Assembly  Xov.  4,  1806 — This  hill  was 
brought  in  on  motion  of  leave  by  M""  P.  Child,  and  reterred  to  the  joint 
Committee  on  the  hill  for  the  relief  of  Timothy  F.  Chipman  and  Henry 
Hall.  Attest  M.  Post  Clerk"— in  which  reference  the  Governor  and 
Council  concurred. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M.— The  Committee,  on  the  bill  Entitled  "An  act  in 
addition  to  an  act  Entitled  an  act  constituting  the  Supreme  Court  of 
Judicature  and  County  Courts,  defining  their  powers  and  regulating 
Judicial  proceedings,  re])ortcd  the  same  with  amendments,  and  the  same 
being  read,  Resolved,  That  the  same  do  ]>ass,  and  Ordered  that  it  be 
engrossed  and  sent  to  the  house  for  their  revision  &c. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment,  "  An  act 
directing  the  Treasurer  to  credit  the  town  of  Bolton  the  sum  therefn 
mentioned;  An  act  directing  the  Treasurer  to  credit  the  town  of  Ver- 
shire  the  sum  of  thirty-eight  dollars;  An  act  laying  a  Tax  of  three  cents 

Ser  acre  on  the  town  of  Westmore,'*  and  "  An  act  altering  the  name  of 
ohn  Vance  to  John  Smith,"  and  the  said  bills  being  severally  read  and 
considered.  Resolved,  To  concur  with  the  house  in  passing  them,  re- 
spectively, into  laws. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  in  amendment  of  an  act  Entitled  An  act  incorporating  certain 
Turnpike  Companies  in  the  western  Counties  in  this  State,  passed  Nov. 
7, 1805,"  was  sent  up  for  revision  &c.  and  the  same  being  read.  Ordered, 
That  it  be  referred  to  M"^-  Witherell  to  enquire  whether  the  Walthara 
Turnpike  Com|)any  assent  to  the  provisions  of  this  act.  And  the  said 
Committee  having  made  the  enquiry  directed,  reported  that  it  was  the 
unanimous  wish  of  &^  Company,  whereupon  Resolved,  To  concur  with 
the  house  in  passing  said  bill  into  a  law. 

The  following  resolution  was  received  from  the  house: — [Resolutions 
on  proposition  of  Kentucky  to  limit  the  jurisdiction  of  United  States 
courts,  for  which  see  Appendix  B,]  and  the  same  being  read  and  consid- 
ered, Resolved,  To  concur  with  the  house  therein. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Wednesday,  November  6*»»'  1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

On  motion.  Resolved,  That  his  Excellency  the  Governor  be  requested 
to  issue  his  Proclamation  appointing  Wednesday,  tlie  fitleenth  day  of 
April  next,  to  be  observed  as  a  day  of  public  humiliation,  fasting  and 
praise  throughout  this  State. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  *'An  act  for 
the  relief  of  the  Managers  of  the  Friendly  lottery  were  [was]  sent  up 
for  revision  &c.  and  being  read,  it  was  Resolved,  To  concur  witli  the 
house  in  passing  the  said  bill  into  a  law. 

Two  bills,  passed  in  the  house  of  Representatives,  b(»th  Entitled  "An 
act  in  addition  to  and  in  explanation  of  an  act  Entitled  an  act  regu- 
lating the  office  and  duty  of  Sherifl,  High  Bailit)',  their    respective 


Governor  and  Council — November  1806.  137 

deputies,  and  Constables,"  were  sent  up  for  revision  &e.  and  the  same 
being  read,  Ordered,  That  Ihey  ho  referred  lo  M'-  Gahisha. 

The  l)ill.  Entitled  **au  act  granlinj;  to  Daniel  Ilurlbut  the  exclusive 
right  of  building  a  toll  bridge  across  (Connecticut  river,"  which  the  Gov- 
ernor and  Council  yesterday  sent  to  the  house  wiili  pn>])08als  of  amend- 
ment, was  returned  by  M'-  Spencer,  a  Member,  with  this  order  thereon 
— "In  General  Assembly  Nov.  5,  1800.  llesolvetl,  lo  concur  with  the 
Governor  and  Council  in  their  proposed  amendments  if)  this  bill,  except 
the  amendments  to  the  3'**  Section,  and  the  additional  Seclioa.  with 
which  the  house  do  nonconcur,  and  that  M'-  Spencer  be  a  Committee  to 
carry  up  the  bill  and  assign  the  reasons  of  the  house  for  their  noncon- 
eurrence.  Attest  M.  Post  Clk." — and  M^-  Spencer  after  assigning  the 
reasons  withdrew -and  the  said  bill  and  amendments  being  again  read. 
Resolved.  To  rescind  from  the  said  amendments  nonconcurred  by  the 
house,  and  that  the  said  bill  be  referred  to  M'-  Loomis  for  further 
amendments. 

The  C'Ommittee,  to  whom  was  referred  the  bill  Kntilled  '*An  act  as- 
sessing a  tax  of  one  cent  on  each  acre  of  land  in  the  County  of  Caledonia, 
for  the  ])urpose  of  defraying  the  expence  of  bnildiiig  and  compleating  a 
Dew  Jail  at  Danville  in  said  County,  and  also  for  paying  the  debts  and 
demands  against  the  same,"  reported  sundry  amendments  to  be  made  to 
the  same,  which  was  accepted,  and  on  the  motion  [question,]  shall  the 
bill  pass,  with  the  said  amendments,  the  yeas  and  nays  being  required 
by  M'-  Niles,  were  as  follows,  viz.  Yeas.  Gov.  iirigham.  Mess*  Loomis, 
Wheelock,  Wilherell,  While,  Fletcher,  Spooner  and  Wright.  Nays, 
Mess*-  Galusha,  Keyes.  Niles  and  Miepardson.  Yeas  8,  Nays  4,  so  the 
bill  passed  as  amended,  and  M'-  Loomis  was  appointcl  to  inform  the 
hou.se  of  the  reasons  of  Council  in  proi)osing  the  said  amendments. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — A  bill,  passed  in  the  house  of  Representatives,  En- 
titled "  An  act  in  addition  to  and  in  amendment  of  an  act  Entitled  an 
act  incorporating  certain  persons  therein  mentioned  by  the  name  of  the 
Rutland  and  Stockbri<lge  Turnpike  Conjpany,"  was  sent  up  for  revision 
&e.  and  being  read.  Ordered,  That  it  be  referred  to  M'-  Niles  and  M'- 
Loomis. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "  An  act  to 
authorize  the  Proprietors  and  Landowners  of  Norwich  to  establish  the 
division  of  their  Lands,"  rei)orted  sundry  amendments  to  be  made  to 
the  same,  which  rei)ort  was  accepted  &  Resolved,  To  concur  with  the 
bouse  in  passing  the  same  into  a  Law,  with  said  proposals  of  amend- 
ment, and  M'-  Keyes  appointed  to  inform  the  house  of  the  reasons  of 
Council  for  the  .same. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  ''An  act  in 
addition  to  an  act  Entitled  an  act  regulating  Town  meetings  and  the 
choice  and  duty  of  Town-Officers,"  n;ported  sundry  amendments  to  be 
made  to  the  same,  which  report  was  accepted  and  then  it  was  Resolved, 
To  concur  with  the  house  in  passing  said  bill  into  a  law,  with  said  pro- 
posals of  amendment,  and  M'-  Galusha  appointed  to  inform  the  house  of 
the  reasons  of  Council  for  the  same. 

A  bill  Entitled  "An  act  directing  the  purchase  of  a  field  piece  for  the 
use  of  a  Cc»mpany  of  Artillery  therein  mentioned,"  was  received  from 
the  house  witli  this  order  therecm — "  In  General  Assembly  Nov.  4,  1806. 
This  bill  was  bro^  in  on  motion  of  leave  by  M*"-  Rising.  Nov.  5,  Read 
aud  referred  to  the  joint  Committee  on  the  bill  makim;  compensation  to 
Tim«-  F.  Chipman  and  Henry  Hall.  Att.  M.  Post  Clerk  " — in  which 
reference  the  Governor  and  Council  concurred. 


138  Governor  and  Council — November  1806. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment-"  An  act 
laying  a  tax  of  three  cents  per  acre  on  the  town  of  Panton;  An  act  en- 
abling those  persons  who  have  or  may  purchase  of  William  Tharpe,  a 
British  subject,  any  such  real  property  within  this  State  as  come  [came] 
to  him  the  said  William  Tharpe  by  the  last  will  and  testament  of  his 
brother  John  Tharp  late  of  Charlotte  deceased,  to  hold  the  same,"  and 
**An  act  assessin<j  a  tax  on  the  County  of  Essex,"  and  the  said  bills  be- 
ing severally  read  and  considered,  Resolved,  To  concur  with  the  house 
in  passing  them,  respectively,  into  laws. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "An  act  grant- 
ing to  Daniel  Hurlbut  the  exclusive  right  of  building  a  Toll  bridge 
across  Onion  River,"  for  further  amendment,  reported  additional  amend- 
ments to  be  made  ti»  the  same,  which  were  adopted,  and  then  it  was  Re- 
solved, To  concur  with  the  house  in  passing  the  same  into  a  Law,  with 
the  said  additional  proposals  of  amendment,  and  M^-  Loomis  appointed 
to  inform  the  house  of  the  reasons  of  Council  for  the  same. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  "An  act 
annexing  part  of  the  town  of  Hubbarton  to  the  town  of  Sudbury,"  was 
sent  up  for  revision  &c.  and  being  read.  Resolved,  To  nonconcur  with 
the  house  in  passing  said  bill  into  a  law,  6c  for  the  following  reasons,  viz. 
That  as  great  inconveniences  might  frequently  arise  to  the  Inhabitants, 
by  shifting  the  jurisdictional  lines  of  towns,  when  the  subject  has  not 
been  thoroughly  deliberated  by  all  parties  to  be  aftected  by  it,  it  has  not 
been  the  practice  of  the  Legislature  to  annex  any  part  oi*  one  Town  t^» 
another,  without  the  express  consent  of  the  Town,  or  some  part  of  it,  to 
which  it  is  to  be  annexed;  which  is  so  far  from  being  the  case,  in  the 
present  instance,  that  the  Inhabitants  of  each  town  have  actually 
remonstrated  against  it. 

Adjourned  to  9  O'clock  Tomoirow  morning. 


Thuksday,  November  6,  1806,  9  O'clock  A.  M. 

The  C<mncil  met  pursuant  to  adjournment. 

The  following  bills,  passed  in  the  house  (tf  Representatives  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment — "An  act 
relating  to  the  duty  of  the  Engrossing  Clerk;  An  act  laying  a  tax  of 
four  cents  pel  acre  on  the  town  of  Brownington;"  and  "An  act  ap])oint- 
ing  a  Committee  to  lay  out  a  road  from  Salisbury  to  West  Rutland,'*  and 
the  same  being  severally  read  and  considered.  Resolved,  To  concur  with 
the  house  in  passing  them,  respe(!tively,  into  Laws. 

A  bill,  passed  in  the  house  of  Rei>resentalives,  Entitled,  "An  act  in 
amendment  of  the  acts  now  in  force  for  regulating  and  governing  the 
Militia,"  was  sent  uj)  for  revision  &c.  read,  and  Ordered,  That  it  be 
referred  to  Gov.  Brigham  and  M'  Wright. 

Gov.  Brigham  called  up  the  resolution  from  the  house  relative  to  the 
adjournment  of  both  houses  tomorrow  morning  at  10  O'clock,  and  the 
same  being  ref  d,  it  was  Ordered,  to  lie  on  the  table. 

The  following  message  was  received  from  the  house — "In  General 
Assembly  Xov!  5.  1806— Resolv^ed  to  concur  with  the  Governor  and 
Council  in  their  proposed  amendment  to  a  bill  Entitled  "An  act  granting 
to  Samuel  B.  Sheldon  the  exclusive  right  of  building  a  Toll  bridge 
across  Missisquoi  River;  A  bill.  Entitled  "An  act  to  authenticate 
certain  records  of  the  town  of  Panton,"  and  A  bill  Entitled  "an  act  in 
addition  to  an  act  reducing  into  one  the  several  acts  for  laying  out, 
making,  repairing  and  clearing  Highways" — And  the  said  bills  have 


Governor  and  Council — November  1806.  139 

passed  and  become  laws  of  this  State.     Extract  from   the  Journals, 
Attest  M.  Post  Clerk." 

The  Committee,  to  whom  was  referred  the  two  bills  Entitled  **An  act 
in  addition  to  and  in  cxphmation  of  an  act  Entitled  an  act  regulatinjj 
the  office  and  duty  of  Sheriff,  High  Bailif!',  their  respective  deputies,  and 
Constables,"  reported  sundry  amend mi'Uts  to  bi;  made  to  said  bills, 
which  report  was  accepted^  and  on  motion  Ordered,  That  said  hills  be  re- 
committed to  the  same  Committee  with  the  addition  of  M'-  Nile?*. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  "  An  act  in 
addition  to  an  act  Entitled  an  act  incorporating  certain  persons  therein 
mentioned  by  the  name  of  llie  Centre  Turnpike  Company,"  was  sent  up 
for  revision  &c.  read,  and  Ordered,    That  it  be  referred  to  M""-  Keyes. 

The  C«)mmittee,  to  whom  was  referred  the  bill  Entitled  *'An  act  grant- 
ing a  new  trial  in  a  certain  cause  therein  mentioned,"  reported  sundry 
amendments  to  be  made  therein,  which  were  adopted,  &  then  Resolved, 
To  concur  with  the  house  in  passing  said  bill  into  a  law,  with  said  pro- 
posals of  amendment,  and  M"^-  Keyes  appointed  to  inform  the  house  of 
the  reasons  of  Council  for  proposing  the  same. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  **  An  act  ap- 
pointing a  Committee  to  lav  out  a  road  from  the  South  line  of  Burke  to 
Canada  line."  was  sent  up  for  revision  &c.  read,  &  Ordered,  That  it  be 
referred  to  M'-  Wfiite. 

Adjourned  untill  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  resolution  for  the  adjournment  of  the  Legis- 
lature was  again  read,  and  on  motion  Resolved,  To  nonconcur  with  the 
house  therein,  and  M"^-  Wit  here!  1  appointed  to  inform,  the  house  of  the 
reasons  of  Council. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment:  **  An  act 
establishing  the  pitch  of  the  Public  lands  in  the  towns  of  Windham  and 
Londonderry;  An  act  incorporating  and  establishing  an  Academy  at 
Brandon,"  and  ''An  act  laying  a  tax  of  four  cents  per  acre  on  the  town 
of  Fail  fax,"  and  the  said  bills  being  severally  read  nnd  considered.  Re- 
solved, To  concur  with  the  house  in  passing  them,  respectively,  into 
laws. 

The  bill  Entitled  "An  act  to  jiuthorize  the  Proprietors  and  Landown- 
ers of  Norwich  to  establish  the  division  of  their  lands,"  to  which  the 
Governor  and  Council  had  on  the  o*'*  Int.  made  certain  proposals  of 
amendment,  was  returned  from  the  house  by  XP-  Buck,  a  member,  with 
this  order  thereon — "  In  General  Assemblv  Nov.  0,  1806.  Resolved  to 
Donconcnr  with  the  Governor  and  Council  in  their  proposed  amendment 
to  this  bill,  and  that  M'-  Buck  be  a  Committee  to  carry  up  this  bill  and 
assign  the  reascms  of  the  house  for  their  nonconcurrence.  Att.  M.  Post 
Clerk" — nnd  M'- Buck,  after  assigning  the  reasons,  withdrew;  and  the 
said  bill  being  again  read,  on  motion  Resolved,  To  rescind  from  the  said 
amendments  nonconcurred  by  the  hcmse,  and  to  concur  in  passing  said 
bill  into  a  law,  with  further  proposals  of  amendment. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  '"  An  act  ap- 
pointing a  Committee  to  lay  a  road  from  the  South  line  of  Burke  to  Can- 
ada line,"  reported  sundry  "amendments  to  be  made  to  the  same,  which 
report  was  accepted,  &  then  it  was  Resolved,  To  concur  with  the  house 
in  passing  said  bill  into  a  Law,  with  said  proposals  of  amendment. 
&  Gove'-  Brigham  appointed  to  inform  the  house  of  the  reasons  of 
Council  for  proposing  the  same. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  "'An  act  in 
amendment  of  an  act  Entitled  an  act  for  the  punishment  of  certain 


140  Oovernor  and  Council — November  1806. 

capital  and  other  high  crimes  and  misdemeanors,"  was  sent  up  for 
revision  &c.  and  being  read.  Ordered,  That  it  be.referred  to  M^-  Loomis. 

A  bill,  passed  in  the  house  of  Representatives.  Entitled  *'An  act 
establishing^  a  Slate  Bank,"  was  senl  up  for  revision  &e.  read,  and  Or- 
dered, Tliat  it  be  referred  to  Gov.  Brigham,  M'-  White  &  M*"  Niles. 

The  following  messao^e  was  received  from  the  house — '*  In  General 
Assembly  Nov.  6**^*  1800.  Resolved  to  concur  with  the  Governor  and 
Council  in  their  proposed  amendments  to  the  bill  Entith'd  "An  act  in 
addition  to  an  act  regulaliui^  Town  Meetings  and  the  choice  and  duty  of 
Town  officers  ;  "  A  bill  Entitled  "An  act  assessing  a  tax  of  five  mills  on 
each  acre  of  land  in  the  County  of  Caledonia,  for  the  purpose  of  building 
a  New  Jail"  &c.  and  A  bill  Entitled  *an  act  granting  to  Daniel  Hurlbut 
the  right  of  building  a  Toll  bridge  across  Onion  River;"  also  Resolved 
to  coiK'ur  wilh  the  Governor  and  Council  in  passing  a  bill  Entitled  '*Au 
act  in  addition  to  an  act  Entitled  an  act  constituting  the  Supreme  Court 
of  Judicature,  County  Courts,"  &c:  &c. — And  the  said  bills  have  become 
laws  of  this  State.  Extract  from  the  Journals,  Attest  Martin  Post 
Clerk." 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Friday,  November  7'^.  180(5,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  bill  Entitled  *' An  act  annexing  a  part  of  the  Town  of  Hubbarton 
to  the  town  of  Sudbury."  which  the  Governor  and  Council  had  noncon- 
curred  on  the  5^**  In*-  was  returned  from  the  house  bv  M*"-  J.  Warner,  a 
Member,  wilh  this  order  Uhereon:  "  In  General  Assembly  Nov.  7,  1806. 
Read  and  Resolved  to  repass  this  bill,  and  that  the  same  be  again  sent 
to  the  Governor  and  Council  for  their  revision  &c.  by  a  member,  and 
M*^-  J.  Warner  appointed  to  carry  up  the  same.  Attest  M.  Post  Clerk" 
— and  M'  Warner,  after  assigning  the  said  reasons,  withdrew — and  the 
same  bill  being  again  read,  on  molion  Resolved,  To  rescind  from  the 
said  vote  of  nonconcurrence,  and  to  concur  with  the  house  in  passing 
said  bill  into  a  Law. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  ''An  act  ma- 
kinjr  provision  for  the  payment  of  Grand  and  Petit  Jurors,"  was  sent  up 
for  revision  Sec.  and  being  read.  Ordered.  That  it  be  referred  to  Mess'- 
Fletcher  &  Witherell. 

The  following  message  was  received  from  the  house — ^*  in  General 
Assembly  Nov.  0,  1806.  On  molion  of  M""  Olin,  Resolved  that  the  Com- 
mittee to  whom  was  referred  several  petitions  for  the  incorporation  of 
banks  in  this  State  be  discharged  from  any  further  consideration  of  the 
same,  and  thai  the  said  petitions  be  dismissed.  Extract  from  the  Jour- 
nals,    Attest     M.  Post  Clerk." 

The  follovVing  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proi)osals  of  amendment — '*An  act 
supplementary  to  an  act  Entitled  An  act  laying  a  tax  of  four  cents  i)er 
acre  on  the  town  of  Ferrisburgh;  An  act  authorising  the  Sherifl*  of  the 
County  of  Grand  Isle  to  provide  a  Goal  in  said  County;  An  act  to  repeal 
an  act  Entitled  an  act  to  establish  the  jurisdietional  lines  between  the 
towns  of  Vershire  and  Corinth  in  the  County  of  Orange;  An  act  in  ad- 
dition to  an  act  Entitled  an  act  organising  the  County  of  Grand-Isle  and 
fixing  the  lime  of  holding  the  Courts  therein;  An  ac!  in  addition  to  an 
act  Entitled  an  act  directing  the  mode  of  Election  of  Governor,  L*-  Gov- 
ernor, Treasurer  of  the  State,  C  >uncillor8  and  Representatives,"  and 
''^An  act  in  amendment  of  an  act  Entitled  an  act  constituting  the  Su- 


Governor  and  Council — November  1806.  141 

preme  Court  of  Judicature  and  County  Courts,  defininj;  their  powers, 
and  regulating  judicial  proceedings,"  and  the  said  bills  being  severally 
read  and  considered.  Resolved.  To  concur  with  the  house  in  passing 
them,  respectivcl}',  into  laws. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  ''  an  act  in 
addition  to  an  act  incorporating  certain  persons  therein  mentioned  by 
the  name  of  the  Rutland  and  Stockbridge  Turnpike  Company."  reported 
sundry  amendments  to  be  made  therein,  which  report  was  accepted,  and 
then  it  was  Resolved,  To  concur  with  the  house  in  passing  said  bill  into 
a  law,  with  said  proposals  ot  amendment,  and  M""-  Kcyes  appointed  to  in- 
form the  house  of  the  reasons  of  Council  in  proposing  the  same. 

The  C(mimittee,  to  wliom  was  referred  the  bill  Entitled  "  An  act  in 
addition  to  an  act  Entitled  an  act  incorporating  certain  persons  therein 
mentioned  by  the  name  of  the  Centre  Turnpike  Company,"  reported 
sundry  amendments  to  be  made  therein,  which  report  was  accepted,  and 
then  it  was  Resolved,  To  concur  with  the  house  in  passing  said  bill  into 
a  law,  with  said  proposals  of  amendment,  and  M'  Keyes  appointed  to 
inform  the  house  of  the  reasons  of  Council  for  proposing  the  same. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "'  An  act  in 
amendment  of  an  act  Entitled  an  act  for  the  punishment  of  certain  cap- 
ital and  other  high  crimes  and  misdemeanors,"'-  reported  sundry  amend- 
ments to  be  made  to  the  same,  which  report  was  accepted,  and  then  it 
was  Resolved,  To  concur  with  the  house  in  passing  said  bill  into  a  law, 
with  said  proposals  of  amendment,  and  M""-  Loomis  appointed  to  inform 
the  house  of  the  reasons  of  Council  for  ])roposing  the  same. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  ''  An  act  in 
addition  to  and  in  explanation  of  an  act  regulating  the  olBce  and  duty 
of  Sheriff*,  High  Bailitf,  iheir  respective  deputies,  and  constables,"  re- 
ported sundry  amendments  to  be  made  to  said  bill,  which  report  was 
accepted,  and  then  it  was  Resolved,  To  concur  with  the  house  in  pass- 
ing said  bill  into  a  law,  with  said  proposals  of  amendment,  and  M"^  Ga- 
lusiia  appointed  to  inform  the  house  of  the  reasons  of  Council  for  pro- 
posing the  same. 

The  same  Committee  also  reported  that  the  other  bill  with  the  same 
title  as  the  last  ought  not  to  pass,  whereupon  Resolved,  That  the  Governor 
and  Council  do  nonconcur  with  the  house  in  passing  said  bill,  as  they 
have  incorporated  the  substance  of  the  same  into  a  bill  previously 
passed,  by  the  house,  with  the  same  title. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  Committee,  to  whom  was  referred  a  bill  En- 
titled "An  act  in  amendment  of  the  laws  now  in  force  for  regulating  and 
governing  the  Militia  of  this  Stale,"  reportcnl  that  the  same  ought  not 
to  pass,  whereupon  Resolved,  To  nonconcur  with  tin;  house  in  passing  this 
bill  into  a  law,  and  for  the  following  reasons,  viz.  The  bill  provides  that 
a  Squadron  of  horse,  which  is  only  the  half  of  a  Regiment,  shall  consti- 
tute a  Coltinel's  Command.  This  is  consichired  to  be  against  all  military 
rules,  and  would  lessen  that  dignity  which  would  otherwise  be  attached 
to  the  command  and  rank  of  a  Colonel  of  the  horse — and  the  Council  are 
of  opinion,  that  suitable  provision  is  allrefidy  made  for  the  regulation  and 
government  of  the  Cavalry,  in  and  by  the  act  forming  them  into 
Squadrons. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  establishing  the  County  Grammar  School  of  the  County  of  Or- 
ange in  the  town  of  Randolph,"  was  sent  up  for  revision  i&c.  and  being 
read,  it  was  Resolved,  To  concur  with  the  house  in  passing  said  bill  into 
a  Law. 


142  Governor  and  Council — November  1806. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  ''An  act  lay- 
ing a  Tax  of  two  Cents  per  acre  on  Kelly's  Grant  N®-  2,"  reported  that 
the  same  ought  to  pass,  whereupon  Resolved,  To  concur  with  the  house 
in  passing  said  bill  inlo  a  Law. 

An  Engrossod  l)ill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  in  addition  to  and  amendmeni  of  an  act  laying  a  tax  on  the 
Township  of  Smithfield'-  [part  of  Fairfield  and  Baicersfield,]  was  sent  up 
for  revision  &c.  and  the  same  being  read,  on  motion  Resolved,  To  non- 
concur with  the  house  in  passing  said  bill  into  a  law,  and  for  the  follow- 
ing reasons,  viz.  1.  It  does  not  appear  that  any  public  notice  has  been 
given  of  a  design  to  nj)ply  for  any  legislative  provision  on  the  subject  of 
this  bill.  2.  No  evidence,  that  tlie  former  Collector  has  not  performed 
his  duty  in  the  premises  has  been  adduced.  3.  No  evidence  is  offered 
to  show  that  any  part  of  the  tax  granted  in  1791  was  expended  within 
the  time  limited  by  Law.  4.  The  Lands  taxed  by  the  law  of  1791  may 
have  passed  thro'  many  hands  since  that  time,  in  which  case  it  cannot 
be  presumed  that  the  present  owner  is  possessed  of  such  receipts  of  the 
Collector  as  may  have  been  given:  and  it  may  be  fairly  presumed  that 
they  are  liable  to  suffer  an  injury  sliould  this  bill  become  a  law.  5.  The 
delay  of  the  Committee  in  exhibiting  their  accounts,  and  their  further 
defay  in  a])plying  tor  legislative  aid,  afl'ord  a  strong  presumption  that  no 
material  injury  will  be  done  should  no  such  aid  be  given.  6.  It  does 
not  even  appear  that  the  Committee  appointed  in  1791  have  ever  sug- 
gested a  wish  for  any  legislative  aid,  nor  that  any  one  complains  of  hav- 
ing sustained  any  injury  in  the  premises.  7.  8o  that  it  does  not  appear 
that  enacting  this  bill  would  have  any  other  than  an  injurious  eflfect 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Saturday,  November  S***- 1800.  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  written  messages  were  received  from  the  house:  "In 
General  Assenibly  Nov.  7, 1800.  Resolved  to  concur  with  the  Governor 
and  Council  in  their  proposed  amendments  to  the  bill  Entitled  "An  act 
appointing  a  Committee;  to  lay  a  road  from  the  south  line  of  Burke  to 
Canada  line,"  and  A  bill  Entitled  ''  An  act  authorising  the  proprietors 
and  landowners  of  Norwich  to  establish  the  division  of  their  lands.'* 
Extract  from  the  Journals,  Attest  M.  Post  Clerk."  "In  General  As- 
sembly Nov.  7,  1800— Resolved  that  the  house  concur  with  the  Governor 
and  Council  in  passing  the  following  bills  into  laws  with  the  amend- 
ments j)roposed  by  the  Governor  and  Council,  viz.  A  bill  Entitled  "An 
act  in  addition  to  and  explanation  of  an  act  regulating  the  office  and 
duty  of  Sherifi'"  i&c;  A  b>ll  Entitled  "  An  act  in  addition  to  and  in 
amendment  of  an  act  Entitled  an  act  incorporating  certain  persons 
therein  njcntioned  by  the  nanje  of  the  Rutland  and  Stockbriiige  Turn- 
pike Company;"  A  bill  Entitled  "An  act  in  addition  to  an  act  Entitled  an 
act  incorporating  certain  persons  therein  mentioned  by  the  name  of  the 
Center  Turnpike  Company:"  A  bill  Entitled  "An  act  in  amendment  of 
an  act  Entitled  an  act  for  the  punishment  of  certain  capital  and  other 
high  crimes  and  misdemeanors,"  and  A  bill  P2ntitled  "An  act  providing 
for  a  new  trial  in  a  case  therein  mentioned."  Extract  from  the  Jour- 
nals,    Att.  M.  Post  Clk/' 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "  An  act  es- 
tablishing a  State  Bank,"  reported  sundry  amendments  to  be  made  to 
the  same,  which  were  adopted,  and  on  the  motion  [question]  shall  the 
said  bill  pass  as  amended,  the  yeas  and  nays  being  required  were  as  fol- 


Governor  and  Council — November  1806.  143 

lows — Yeas,  Gov'-  Brigbam,  Mess*-  Keyes,  Loomis,  Whoelock,  Shepard- 
soD,  Wilherell,  White,  Fletcher,  Spooner  &  Wrij^ht.  Nays,  Mes*-  Galu- 
sha  and  Niles.  Yeas  10,  Navs  2,  so  it  was  Resolved,  To  concur  with  the 
house  in  passing  said  bill  into  a  law,  with  said  proposals  of  amendment, 
and  Gov.  Brigbam  appointed  to  inform  the  houstj  (»f  the  reasons  of 
Council  for  the  same. 

A  bill  Entitled  "  An  act  in  addition  to  an  act  Entitled  an  act  for  the 
relief  of  idiots  and  distracted  persons,"  was  received  from  the  house 
with  this  order  thereon — '"In  General  Assembly  Nov.  8, 1806.  Read  the 
Second  time  and  recommitted  to  the  former  joint  Committee.  Att.  M. 
Post  Clk  " — and  the  same  being  road.  Resolved,  to  concur  with  the 
house  in  their  said  reference. 

An  Engrossed  bill,  passed  in  tne  House  of  Representatives,  Entitled 
^*An  act  in  addition  to  and  alteration  of  an  act  Entitled  an  act  relating 
to  pounds,  estrays,  and  lost  Goods,"  was  sent  up  for  revision  &c.  and  be- 
ing read.  Ordered.  That  it  be  referred  to  Gov.  Brigbam. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
^'an  act  in  addition  to  an  act  Entitled  an  act  re<;ulating  marriage  and 
divorce,"  was  sent  up  for  revision  &c.  read,  and  Ordered,  That  it  be  re- 
ferred to  M'-  Galusha. 

Adjourned  to  2  OVlock  P.  M. 

2  O'clock  P.  M. — The  following  bills,  passed  in  the  house  of  Repre- 
sentatives, were  sent  up  for  revision  &  concurrence  or  proposals  of 
amendment — **An  act  to  prevent  kidnapping  ;  An  act  directing  the 
Treasurer  to  credit  the  town  of  Sharon  the  sum  therein  mentioned;  An 
act  directing  the  TrtJJ^surer  to  credit  the  Town  of  Miuehead  [Bloomtield] 
the  sum  therein  mentioned;  An  act  in  addition  to  an  act  authorising 
Sheriffs  to  lease  out  Goal-houses,  passed  Nov'-  lO**^*  1802;  An  act  in 
alteration  of  an  act  Entitled  an  act  incorporating  certain  Turnpike 
Companies  in  the  western  Counties  in  this  State;  An  act  to  revive  two 
certain  acts  laying  land  taxes,  the  one  on  the  Town  of  Craflsbury,  the 
other  on  the  town  of  ilardwick,'*  and  "An  act  appointing  a  Committee 
to  lay  out  a  County  road  from  Derby  to  Guildhall,''  and  the  said  bills 
being  severally  read  and  considered.  Resolved,  To  concur  with  the 
house  in  passing  them,  respectively,  into  laws. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  '*An  act  in 
addition  to  and  alteration  of  an  act  relating  to  Pounds,  Estrays,  and  lost 
Groods,"  reported  that  it  ought  to  pass,  whereupon  Resolved,  To  concur 
with  the  house  in  passing  said  bill  into  a  Law. 

Adjourned  until!  9  O'clock  Monday  morning. 


Monday.  November  W^- 1806,  9  O'clock  A.  M. 

The  following  resolution  was  received  from  the  house — "In  General 
Assembly  Nov.  8,  180(5.  Resolved  that  a  Committee  be  appointed,  to 
join  Committee  from  Council,  to  make  and  receive  proposals  for  com- 
promising the  dispute  relating  to  the  town  of  Wheelock.  Members 
chosen.  Mess'-  D.  Chipman,  Chase  &  Spencer.  Extract  from  the  Jour- 
nals, Attest  M.  Post  Clerk"  and  the  same  being  [read,]  Resolved,  To 
concur  therein  and  Gov.  Brigbam  and  M'-  Witberell  appointed  a  Com- 
mittee on  the  part  of  the  Council. 

The  bill  Entitled  "An  act  establishing  a  State  Bank,"  to  which  the 
Governor  and  Council  on  the  8"»  In*  had  made  certain  proposals  of 
amendment,  was  returned  from  the  house  by  M'-  [Titus]  Ilutcninson,  a 
Member,  with  this  order  thereon — '*  In  General  Assembly  Nov.  8,  1806. 


144  Governor  and  Council— November  \iQ&, 

Resolved  that  the  house  concur  in  all  the  amendments  proposed  hy  the 
Governor  and  Council  except  that  proposed  to  the  9'^*  Section,  and  that, 
in  this,  they  nonconcur,  and  that  M""-  Hutchinson  he  requested  to  return 
the  hill  with  notice  hereof  &  of  the  reasons  for  the  same.  Altest  M. 
Post  Clerk'' — and  after  assijjninjr  the  reasons,  M^-  Hutchinson  withdrew 
— and  the  said  bill  and  amendment  rejected  by  the  house  heinj^  again 
read,  on  motion.  Resolved.  To  rescind  from  said  proposal  of  amendment 
nonconcurred  by  the  house,  and  to  concur  in  ])assing  said  bill  into  a  law, 
without  nny  further  amendment. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  ''An  act  ma- 
king provision  for  the  payment  of  Grand  and  Petit  Jurors,'*  reported 
sundry  amendments  to  be  made  to  the  same,  which  report  was  accepted, 
and  on  motion  Resolved,  To  concur  with  the  house  in  passing  said  bill 
into  a  law,  with  said  proposals  of  amendment,  and  M''-  Gnlusha  appointed 
to  inform  the  house -of  the  reasons  of  Council  for  proposing  the  same. 

The  following  resohuiou  was  received  from  the  house — ''  In  General 
Assembly  Nov.  10,  I80().  Resolved,  the  Governor  &  Council  concur- 
ring herein,  that  both  branches  of  the  Legislature  meet  in  joint  Com- 
mittee, in  the  Representatives'  room,  at  the  opening  of  the  house  this 
afternoon,  for  th<i  purpose  of  Electing  thirteen  directors  of  the  Vermont 
State  Bank.  Read  &  Adopted.  Attest  M.  Post  Clk."— and  the  said 
resolution  being  read.  Resolved,  To  concur  with  the  house  therein. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment:  "An  act 
laying  a  lax  ot  two  cents  per  acre  on  the  township  of  Naw  [Charleston,] 
and  thvee  cents  per  acre  on  the  Township  of  Random''  [Jjrighton,]  and 
"An  net  in  addition  to  and  in  aujendmenl  of  an  act  Entitled  an  act  lay- 
inir  a  tax  of  three  cents  ])er  acre  on  the  town  of  Plymouth,"  and  the  said 
hills  being  severally  read  and  considered.  Resolved,  To  concur  with  the 
house  in  j)assini;  them,  respectively,  into  laws. 

M""*  Fletcher  asked  and  obtained  h^ave  of  absence  for  the  remainder  of 
the  session. 

Adjourned  unlill  2  O'clock  P.  M. 

2  O'clock  P.  M.  —  Pursuant  to  the  Concurrent  resolution  of  both 
houses,  the  Governor  and  Council  proceeded  to  the  representatives' 
room  and  met  the  house  in  Joint  Committee  lor  the  purpose  of  Electing 
Thirteen  Directors  of  the  Vernjont  State  J3ank,  and  having  tinished  the 
same,  the  joint  Connnittee  was  dissolved,  and  the  Governor  and  Council 
returned  to  their  Chamber.* 

On  motion.  Resolved,  The  house  of  Representatives  concurring 
herein,  that  both  l)ranches  of  the  Legislature  njeet  in  the  Represent- 
atives' room  at  ehven  O'clock  Tomorrow  morning,  for  the  purpose  of 
adjourning  the  Legislature  wiihout  day.  Ordered,  That  the  Secretary 
carry  the  same  to  tlui  house. 

The  Committee,  to  whom  was  referred  the  bill  Entitled  "An  act  in 
addition  to  an  act  Entitled  an  act  regulating  marriage  and  divorce," 
reported  sundry  amendments  to  the  same,  which  report  was  accepted, 
and  then  it  was  Risolved,  To  concur  with  the  house  in  passing  said  bill 
into  a  law,  with  said  i)ropo.sal  of  amendment,  and  M'-  Galusha  appointed 
to  inform  the  house  of  tlui  reasons  of  Council  for  proposing  the  same. 

The  Debenture  o^  the  L*  (Jovernor  and  Council  for  the  present  ses- 
sion was  read,  approved,  and  ordered  to  be  entered  on  the  Journals. 


*  See  Appendix  D. 


Qtmemor  and  Council — November  1 806. 


SMteniuTt of  Lf-  Governor  &  Council,  October  8easion,lSQ6. 

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U'-  Shepardson  was  appointed  a  Committee  to  receive  (he  Debenture 
of  Cnunuil. 

The  following  bills,  paR^ned  in  the  house  of  BcpreaentativcB,  were  sent 
ii|)  fur  revision  and  concurrence  or  proposals  of  nmeudmcol — "An  act 
annexing  Ihe  Ctimpany  of  nrtillery  atlHched  to  the  second  Brigade  iu 
the  second  Dlvinion  of  the  Militia  of  thin  ^tnte  to  the  thirU  Regiment  of 
Ihe  aforesaid  brigade,"  and  "An  act  in  addition  to  aud  amendment  of  an 
act  regulating  fees" — and  the  said  billit  being  read  and  consid<!red, 
Besolved,  To  concur  with  the  house  in  passing  them,  respectively,  into 
laws. 

Adjourned  until!  9  O'clock  Tomorrow  morning. 


MtDDLEBOKY,  Tuesday.  November  II"'- 1806,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  fullowing  bills,  passed  in  the  house  nf  Bepresentativca,  were  sent 
lor  revision  &  concurrence  iir  proposals  of  amendment — "An  act  laying 
dutiea  on  licences  to  Ilawkers  and  Pedlars."  and  "An  act  relating  to  the 
duties  uf  the  Graud  Jury  cmnanelled  by  the  Supreme  Court,"  and  the 
same  being  severally  read  and  considered.  Resolved,  To  concur  with  the 
house  in  passing  them  respectively  into  laws. 

A  bill,  passed  in  the  house  of  Represenlatives,  Entitled  "An  act 
making  the  necessary  appropriations  tinr  the   support  of  government 


in  paesinK  said  bill  into  a  law,  with  said  proposals  of  amendment,  and 
U'-  Ijoomis  appointed  to  inlorm  the  house  of  the  reasons  of  Council  for 


146  Qovemor  and  Council — November  1806. 

The  following  message  was  received  from  the  house — **  In  General 
Assembly  Nov.  11,  18(^.  Resolved  to  concur  with  the  Governor  and 
Council  in  their  amendments  to  the  following  bills,  viz.  A  bill  Entitled 
"  an  act  in  addition  to  an  act  regulating  marriage  and  divorce,"  and  A 
bill  Entitled  "An  act  making  provision  for  the  payment  of  Grand  and 
Petit  Jurors."    Extract  from  the  Journals,    Attest    M.  Post  Clerk." 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  *'  An  act  in 
addition  to  an  act  Entitled  an  act  incorporating  certain  persons  therein 
mentioned  by  the  name  of  the  Center  Turnpike  Comj)any,"  was  sent  up 
for  revision  Sec.  read,  amended,  and  Resolved,  To  concur  with  the  house 
in  passing  said  bill  into  a  law,  with  said  proposals  of  amendment,  and 
M'-  Galusna  appointed  to  inform  the  house  of  the  reasons  of  Council  in 
proposing;  them. 

The  following  written  message  was  received  from  the  house — **  In 
General  Assembly  Nov.  ll****  1806.  Resolved  to  concur  with  the  Gover- 
nor and  Council  in  their  amendment  to  the  bill  making  appropriation 
for  the  support  of  Government"  «&c.  Extract  from  the  Journals,  Att 
M.  Post  Clk." 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  *•  An  act  to 
incorporate  the  Orleans  Agricultural  Society,"  was  sent  up  for  revision 
&c.  read,  amended,  and  then  Resolved,  To  concur  with  the  house  in 

Sassing  said  bill  into  a  law,  with  said  proposals  of  amendment,  and  M'* 
Tiles  appointed  to  inform  the  house  of  the  rejisoiis*  of  Council  for  pro- 
posing the  same.^ 

The  following  written  message  was  received  from  the  house:  '*ln 
General  Assembly  Nov.  ll**^*  ISCXi — Resolved  to  concur  with  the  Gov- 
ernor and  Council  in  their  amendments  to  a  bill  Entitl(¥i  *'An  act  in 
addition  to  an  act  incorporating  certain  persons  therein  mentioned  by 
the  name  of  the  Center  Turnpike  Company,"  and  a  bill  Entitled  "An 
act  to  incorporate  the  Vermont  Agricultural  Society"— and  the  said  bills 
have  become  laws  of  this  State.     Attest    M.  Post  Clerk." 

M'-  Luce,  member  of  the  house,  appeared  in  the  Council  Chamber  and 
informed  the  Governor  and  Council  that  the  house  was  now  ready  to 
meet  them  in  the  Representatives'  room  and  adjourn  the  Legislature 
without  day. 

The  Governor  and  Council  accordingly  proceeded  to  the  Representa- 
tives' room,  and  after  an  appropriate  prayer  by  the  Rev.  M'-  Merrill,  the 
Chaplain,  the  Sheritf  of  Addison  County,  by  direction  of  the  Governor, 
adjourned  the  Legislature  without  day,  and  made  public  proclamation 
of  the  same. 

A  true  Journal,  Attest        William  Page  Ju'*  Secf^- 

^Tlie  amendment  changed  the  name  to  Vemionl  Agricultural  Society. 


THIRTY-FIRST    COUNCIL 


OCTOBER  1807  TO  OCTOBER  1808. 


Israel  Smith,  Rutland,  Governor, 

Paul  Briqham,  Norwich,  Lieut.  Governor. 

Councillora: 


Nathaniel  Niles,  West  Fairlee, 
JOXAS  Galusha,  Shaftsbury,* 
Beriah  Loomis,  Thetford, 
Noah  Chittenden,  Jericho, 
Eliakim  Sfooner,  Westminster, 
AsAFH  Fletcher,  Cavendisli, 


Elias  Ketes,  Stockbridge, 
Samuel  Shepardson,  Guilford, 
Ebenezer  Wheelock,  Whiting, 
Josiah  Wright,  Pownal, 
Ezra  Butler,  Waterbury, 
Samuel  Shaw,  Castleton. 

William  Page,  Jr.,  Secretary,  until  Oct  14. 

Rollin  C.  Mallary,  Castleton,  Secretary,  from  Oct.  14. 

William  Strong,  Hartford,*  Sheriff, 


BIOGRAPHICAL  NOTICES. 

Israel  Smith  was  born  in  SufScld,  Conn.,  April  4  1759,  graduated  at 
Yale  college  in  1781,  and  became  a  resident  of  Rupert  in  1783,  when  he 
was  admitted  to  the  bar  in  this  State.  He  represented  Rupert  in  the 
General  Assembly  in  1785  and  1788,  '89  and  '90,  and  in  the  Constitu- 
tional Convention  of  1791,  in  which  year  he  removed  to  Rutland.  He 
was  one  of  the  Commissioners  named  in  the  act  of  1789  to  settle  the 
controversy  with  New  York.  He  represented  the  south  western  dis- 
trict of  Vermont  in  Congress  from  1791  to  1797,  when  he  was  elected 
Chief  Judge  of  the  Supreme  Court  and  served  one  year.  He  was  the 
chief  victim  of  the  "Vergenues  slaughter-house"  in  1798,  when  the 
Federalists,  for  party  reasons,  refused  to  re-elect  him.  He  was  again 
elected  Chief  Justice  of  the  Supreme  Court  in  180L,  but  declined  the 


*Mr.  Galusha  resigned  on  taking  the  oath  as  Assistant  Judge  of  the 
Supreme  Court,  Oct  15, 1807.    The  vacancy  was  not  filled. 

'Subsequently  of  Woodstock. 


148    •  Biographical  Notices. 

office.  He  was  United  States  Senator  1803  to  1807,  when  he  resigned 
that  office  to  accept  the  executive  chair.  In  his  message  he  ably  argued 
the  matter  of  puuislynent  for  crimes,  and  his  influence  was  used  to 
secure  the  construction  of  the  State  Prison.  The  tradition  is,  that  the 
anticipated  cost  of  the  prison  was  regarded  as  a  burden  too  heavy  to  he 
borne,  and  that,  because  of  Gov.  Smithes  connection  with  that  matter, 
he  was  defeated  in  1808.  His  talents  were  good;  ^-he  was  a  noble 
looking  man  and  got  the  name  of  the  handsome  judge  ;"  distinguished 
for  "amiable  candor,''  and  "inflexible  integrity;"  and  at  his  death  "all 
united  in  deploring  the  loss  of  a  dignified  statesman  and  much 
ESTEEMED  MAN."  Shortly  after  his  term  as  governor  expired,  his  health 
began  to  fail,  and  he  died  at  Rutland  Dec.  2  1810,  in  the  fifty-second 
year  of  his  age.  He  was  brother  of  Hon.  Noah  Smith,  for  a  notice  of 
whom  see  Vol.  iv,  p.  1()8. — H.  Hall's  Early  History  of  Vermont ;  Drake's 
Dictionary  of  American  Biography  ;  Deming's  Catalogue;  Vt.  Historical 
Magazine^  Vol.  i,  article  "  Rupert ; "  an<l  Rutland  Herald,  copied  by  the 
Northern  Centinel,  [  Rurlington,]  of  Dec.  27  1810. 

Ezra  Butler,  born  in  Lancaster,  Mass.,  Sept.  24th,  1703,  came  from 
Weathersfield  to  Waterbury  in  1785  to  prepare  a  residence,  which  was 
occupied  by  the  family  in  1780.  He  was  the  second  settler  in  Water- 
bury,  and  the  first  town  clerk,  apj)()inted  March  31  1790,  and  from  that 
date  until  1832  he  was  almost  constantly  in  public  service.  He  was 
elected  town  representative  for  eleven  years,  but  in  the  last  year  (1807) 
he  was  also  elected  Councillor,  and  after  two  days'  service  in  the  House 
he  took  his  seat  in  the  Council.  He  served  in  the  Council  sixteen 
years,  when  he  was  elected  Governor  in  1820,  and  re-elected  in  1827. 
He  served  one  term  in  Congress,  1813  to  March  1815,  and  in  Sept.  1815  he 
was  again  elected  to  the  Council.  He  was  Judge  of  the  County  Court 
for  twenty  years,  and  was  in  that  office  when  he  was  elected  Governor. 
He  was  one  of  the  Council  of  Censors  in  1806,  and  a  delegate  in  the 
Constitutional  Convention  of  1822.  Gov.  Butler  was  a  Democrat  of  the 
school  of  Jeff*er8on,  for  whom  and  George  Clinton,  as  Presidential  elec- 
tor, he  voted  in  1804.  He  was  subsequently  Elector  for  three  terms, 
and  voted  as  follows  :  in  1820  for  Monroe  and  Tompkins  ;  in  1828  for 
John  Quincy  Adams  and  Richard  Rush  ;  and  in  1832  tor  William  Wirt 
and  Amos  Elmaker.  Tln>  last  votes  indicate  his  judgment  against  free- 
masonry. Reckoning  by  the  offices  he  filled,  (he  frequently  served  in 
more  than  one  office  at  the  same  time,)  his  public  service  covered  sixty- 
five  years.  This,  however,  does  not  embrace  his  service  to  the  public 
in  a  different  and  even  higher  character  :  inasmuch  as,  about  1800,  he 
was  ordained  an  Elder  in  the  Ba])tist  Church,  and  in  that  capacity  was 
a  teacher  of  religion  until  his  death,  July  12  1838.  In  answer  to  the 
incjuiry  whether  any  i)ortrait  of  Gov.  Butlor  was  ever  painted,  the 
reply  of  a  m«»mber  of  the  family  was,  **that  there  was  not — he  wa«  not  that 
sort  of  man."    It  is  true  that  he  was  a  modest  mannered  man,  of  a  grave 


Biographical  Notices.  149 

counteuanee  and  moilerate  iu  speech,  apparently  conscientioua  in  the 
discharge  of  every  duty,  and  firm  iu  his  convictions.  His  integrity  and 
sound  judgment  secured  for  him  the  extraordinary  measure  of  public 
confidence  which  was  accorded  to  him  from  first  to  last,  not  the  arts  of 
the  mere  politician,  brilliant  talents,  and  graceful  manners.  The  editor 
of  this  volume  listened  to  one  of  his  annual  speeches  as  governor — prob- 
ably the  last.  It  was  delivered  in  person  from  the  desk  of  the  Speaker 
of  the  House,  and  in  a  style  like  that  of  a  sermon  ;  and  the  tradition  is, 
that  on  the  conclusion  of  one  of  his  executive  speeches,  a  man  in  the 
gallery  invited  the  joint  assembly  to  **sing  Mear."  Whether  this  be 
true  or  not,  the  suggestion  was  truly  indicative  of  the  ministerial  man- 
ner of  the  excellent  Governor. — Drake's  Dictionary  of  American  Biog- 
raphy ;  Thom[>son's  Vermont ;  Parker's  Early  History  of  Waterhury; 
and  Demiug's  Catalogue. 

Doct.  Samukl  Shaw,  born  in  Dighton,  Mass.  in  Dec.  17C8,  removed 
to  Putney,  Vt  in  1778,  and  to  Castleton  in  1787,  when  he  entered  upon 
the  practice  of  his  profession  at  the  age  of  nineteen,  and  became  eminent 
as  a  surgeon.  "  lie  entered  early  into  politics,  and  was  one  of  the  vic- 
tims of  the  sedition  law  ;  for  his  denunciation  of  the  administration  of 
John  Adams,  he  was  imprisoned,  and  liberated  by  the  people  without 
the  forms  of  law."'*  He  represented  Castleton  in  the  General  Assembly 
1800  until  1S07,  when  he  was  elected  to  each  house  and  accepted  the 
office  of  Councillor.  He  served  but  one  year,  having  been  defeated  in 
1808,  when  the  Federalists  elected  ten  of  the  twelve  Councillors.  He 
was  elected  to  Congress,  however,  in  1808  and  served  until  March  1813. 
On  his  retirement  from  Congress  he  was  appointed  surgeon  in  the  U.  S. 
army,  which  office  he  filled  until  1816.  As  an  instance  of  his  physical 
strength,  it  is  stated  that  he  rode  on  horseback  from  St.  Louis,  Missouri, 
to  Albany,  N.  Y.,  in  twenty-nine  days.  He  died  at  Clarendon,  Vt.,  Oct. 
22  1827. — Lanman's  Dictionary  of  Congress;  and  Deming's  Catalogue, 

RoLLiN  Carlos  Mallaky  was  born  in  Cheshire,  Conn.,  May  27 
1784,  and  graduated  at  Middlebury  College,  in  the  class  of  1806.  He 
practiced  law  in  Castleton  from  1807  to  1818,  and  in  Poultney  from  1818 
until  his  death.  He  served  as  Secretary  of  the  Governor  and  Council 
1807  and  1809  until  1813;  as  State's  Attornciy  for  Rutland. County 
1810  until  1813,  and  again  in  1815 ;  and  as  Member  of  Congress  1819 
until  1831,  in  which  year,  April  15th,  he  died  at  Baltimore,  Md.  A  zeal- 
ous advocate  of  protection  to  American  manufactures,  as  chairman  of  the 
committee  of  manufactures  he  reported  the  tariff  of  1828  and  exerted 
himself  greatly  to  procure  its  passage.  Charles  Lanman  has  stated  that 
"^he  was  lield  in  the  highest  estimation  both  for  his  public  acts  and 
private  virtues."    Rev.  Charles  D.  Mallary,  D.  D.,  a  Baptist  clergyman. 


'Lanman's  Dictionary  of  Congress.      The  editor  of  this  volume  has 
not  been  able  to  verify  the  statement  above  quoted. 


150  Governor  and  Council — October  1807. 

born  at  Poultney  in  Jan.  1801,  and  a  principal  founder  of  Mercer 
(Georgia)  University,  was  a  brother. — Drake's  Dictionary  of  •American 
Biography;  Lanman-s  Dictionary  of  Congress;  and  Deraing's  Catalogxie, 

William  Strong,  born  in  Windham  County,  Conn.,  represented 
Hartford,  Vt,  in  the  General  Assembly  seven  years,  beginning  in  1798 ; 
was  Sheriff  of  Windsor  County  1802  until  1810,  and  Assistant  Judge  in 
1816  ;  and  Representative  in  Congress  1811  until  March  1816,  and  again 
1819  until  March  1822. — Lanman's  Dictionary  of  Congress;  and  Deniing's 
CcLtahgue, 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION  OF  THE   GENERAL  ASSEMBLY  AT  WOODSTOCK, 

October  1807. 


Woodstock,  State  of  Vermont  88.  A  Journal  of  the  pro- 
ceedings of  the  Governor  and  Council  of  the  State  of  Vermont  at  their 
Session  begun  and  holden  at  Woodstock  within  and  for  said  state  on  the 
second  thursday  of  October  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  seven,  and  of  the  independence  of  the  United  States  the 
thirtv  second,  pursuant  to  the  laws  and  constitution  of  this  Stat«.  Pres- 
ent fiis  Ex.  Isaac  Tichenor  Governor.  His  Hon.  Paul  Bri^ham  Lieu^ 
Governor.  Of  the  Council,  Honorable  Jonas  Galusha  Beriah  Loomis 
Noah  Chittenden  Eliakim  Spooner  Ebenezer  Wheelock  Nathaniel  Niles 
Elias  Keycs  Asaph  Fletcher  Samuel  Shepardson  &  Josiah  Wright. 
William  Page  J'-  Secretary — William  Strong  Sheriff. 

Resolved  that  a  Com*«  of  5  members  from  the  Council  be  appointed 
to  Join  such  Com««  as  the  General  Asseniblv  may  please  to  appoint  to 
Receive,  Sort  and  Count  the  Votes  for  the  (governor,  Lieut.  Governor, 
Treasurer  and  Councillors  for  the  Year  ensuing.  Members  chosen 
were,  M'-  Galusha,  M'-  Wright,  M'-  Shepardson,  M'-  Keyes  and  M'- 
Wheelock.  The  members  of  the  above  Committee  were  sworn  to  the 
faithful  discharge  of  their  duty.  Ordered  that  the  Secretary  carry  the 
same  to  the  house. 

M'*  [TitusJ  Hutchinson  returned  from  the  house  and  brought  the 
above  resolution  with  this  order  thereon  of  the  house;  "  In  General  As- 
sembly October  8'^'  1807.  Resolved  that  a  Committee  consisting  of  three 
members  from  each  County  be  appointed  to  Join  the  above  committee 
from  the  Council  for  the  purpose  mentioned  in  the  above  resolu- 
tion and  the  following  Gentlemen  were  appointed  and  sworn  to  the 
faithful  discharge  of  their  duty.  Viz.  Messrs.  Shumway,  Rising,  Graves, 
Whitney,  Bradley,  Campbell,  Shaw,  P.  Smith,  Hondee,  [Hunter,]  Le- 
land,  Luce,  Rich,  E.  Fuller,  S.  Jewett,  Chase,  [Peaslee,]  Hotchkiss, 
Butler,  Barney,  G.  Robinson,  Cameron,  Griswold,  Mattocks,  Hazeltine, 


Governor  and  Council — October  1807.  151 

FarnHWorth,  Blod^et,  Baxter,  Taylor,  Parker,  Ingham,  Slade,  Hibhard, 
Wood,  Borden  &  Havnes.    Extract  from  the  Journals    Attest  M.  Post 
Clerk.'^ 
Adjour^  ^till  4  O'clock  P.  MJ 

4  O  CLOCK  p.  M. — Mr.  Bradley,  from  the  House,  informed  that  tht* 
Gen^  Assembly  was  convened  in  the  Representatives'  Boom  ready  to 
meet  the  Council  for  the  purpose  of  hearing  the  Committee  appointed 
to  rec've,  sort  &  count  the  Votes  &c.  The  Governor  and  Council  imme- 
diately proceeded  to  the  Representatives'  room  for  the  purpose  above 
mentioned  and  the  following  report  was  handed  in  and  read  as  follows — 

**  To  the  Hon.  the  General  Assembly  now  sitting  :  Your  Committee 
appointed  to  receive,  count  and  sort  the  Votes  for  Governor,  Lieut. 
Governor,  Treasurer  and  Councillors  for  the  Year  ensuing.  Report — 
that  the  Hon.  Israel  Smith  Esquire  is  elected  Governor ;  that  the  Hon. 
Paul  Bri^ham  Esquire  is  elected  Lieut.  Governor;  that  Benjamin  Swan 
Esquin?  is  Elected  Treasurer — that  Jonas  Galusha,  Elias  Keyes,  Noah 
Chittenden,  Beriah  Loomis,  Nathaniel  Niles,  Asaph  Fletcher,  Josiah 
Wright,  Ebenezer  Wheelock,  Samuel  Shepardson,  Eliakim  Spooner, 
Ezra  Butler  and  Samuel  Shaw,  Esquires,  are  elected  Councillors  for  the 
Year  ensuing,  all  which  is  respectfully  submitted. 

Jonas  Galusha  C/iairmon." 

And  by  direction  of  the  Governor  the  Sherilf  of  Windsor  County  made 
proclamation  of  the  election  of  the  Persons  above  named — when  the 
Governor  and  Council  retired  to  their  Chamber. 

The  Lieu*  Governor  in  the  Chair  and  the  Councillors  as  above  when 
the  following  resolution  was  received  from  the  General  Assembly — "In 
Gen^  Assembly  Oct,  8"'  1807.  Resolved  that  a  Committee  of  three 
Members  be  appointed  to  join  such  Committee  as  the  Governor  and 
Council  may  appoint  to  wait  on  the  Hon.  Israel  Smith  to  inform  him 
that  he  is  duly  elected  Governor  in  and  over  the  State  of  Vermont  for 
the  year  ensuing  by  the  suffrages  of  the  freemen;  read  and  adopted  and 
Messrs.  T.  Hutchinson,  Jacob  Smith,  and  Mr.  Shaw  were  appointed  a 
Committee  on  the  part  of  the  House.  Extract  from  the  Journals  At- 
test M.  Post  Clerk."  Which  was  read  and  resolved  to  concur  in  the 
within  Resolution  and  that  M^*  Niles  be  a  committee  for  said  purpose. 

Adj*  'till  9  O  Clock  to  morrow  mor«- 


Woodstock,  October  9^  1S07. 

In  Council  Present,  His  Hon.  Paul  Brigham  Lieut.  Governor.  Of 
the  Council  The  Hon.  Jonas  Galusha  Nathaniel  Niles  Noah  Chittenden 
Beriah  Loomis  Elias  Keyes  Asaph  Fletcher  Ebene^r  Wheelock  Elia- 
kim Spooner  Samuel  Shepardson  ^  Josiah  Wright  Esquires.  Wil- 
liam Pa^e  Jr  Secretary.     William  Strong  Esqr  Sheriff. 

The  Lieut.  Governor  and  Council  proceeded  to  the  Representatives' 
room  and  after  prayers  by  the  Rev<*  Mr  Gross  the  Oaths  of  Office  were 
administered  by  the  Chief  Justice  of  the  State  of  Vermont  to  the  Lieut. 
Governor  and  the  above  members  of  Council. 

Ilis  Excellency  Israel  Smith  appeared  in  the  Council  chambef  and 
proceeded  with  the  Lieut.  Governor  and  Council  to  the  Gen^  Assembly 
and  after  taking  the  oaths  required  by  the  laws  and  constitution  deliv- 
ered to  both  Branches  of  the  Legislature  the  following  Speech.* 


*  The  election  sermon  was  delivered  by  Rev.  Thomas  Gross. 
•For  the  speech  see  Appendix  A. 


162  Governor  and  Council — October  1807. 

The  Governor  and  Council  returned  to  their  chamber  and  adj^*  Hill  2 
Oclock  P.  M. 

2  O  CLOCK  p.  M. — The  Council  met  pursuant  to  adj<  And  then  ad- 
journed 'till  9  OClock  to  morrow  morning. 


Woodstock,  October  10"»  1807. 

The  followinp:  resolution  was  received  from  the  house:  "In  General 
assembly  Oct.  9th  1807.  Resolved  that  a  committee  consisting  of  a 
member  from  each  County  be  appointed  to  join  such  committee  as  the 
Governor  and  Council  may  appoint  to  take  into  consideration  the  Gov- 
ernor's speech  relating  to  crimes  and  ])uni8hments  ;  and  that  they  take 
into  consideration  all  oills  and  other  papers  relating  to  a  State  prison, 
referred  from  the  last  session  of  the  legislature.  Members  chosen 
Messrs.  Shumway,  [Samuel]  Fletcher,  P.  Smith,  Hunter,  Olin,  Chase, 
Putnam,  Ware,  Hubbard,  Olds,  Ingham  &  T.  Allen.  Extract  from  the 
Journals  Attest  M.  Post  Clerk."  Which  was  read  and  resolved  that 
we  concur  in  the  above  resolution  and  that  Gov.  Brigham  and  Mr.  Ga- 
lusha  join  the  Committee  from  tlie  house. 

The  following  resolution  was  rec**  from  the  house — *'In  General  As- 
sembly Oct  9"*  1807,  Resolved,  the  Governor  and  Council  concurring 
herein,  that  both  houses  meet  in  their  separate  houses  to  morrow 
moruing  at  10  Oclock  and  then  and  there  proceed  to  ballot  for  some 
suitable  person  as  a  Senator  to  till  the  vacancy  in  the  Senate  of  the 
United  States  occasioned  by  the  election  of  the  Hon.  Israel  Smith  as 
Governor  of  this  State.  And  that  afterwards  both  houses  meet  in  joint 
committee  in  the  Representatives'  room  for  the  purpose  of  declaring  the 
person  elected.  And  that  if  they  do  not  agree  then  they  immediately 
proceed  by  joint  ballot  to  elect  a  suitable  [)erson  for  a  Senator  as  afore- 
said. Extract  from  the  Journals  Attest  M.  Post  Clerk."  Which  was 
read  and  Resolved  to  concur  with  the  house  therein. 

Mr  Shaw  from  the  house,  informed  the  Governor  and  Council  that  the 
house  would  proceed  immediatelv  to  ballot  for  a  Senator  to  supply  the 
vacancy  in  [the]  Congress  of  the  United  States  occasioned  by  the  elec- 
tion of  the  Hon.  Israel  Smith  as  Governor  of  this  State,  and  he  with- 
drew; whereupon  it  was  Resolved  to  proceed  at  this  time  to  ballot  for  a 
Senator  as  above  expressed  in  the  concurrent  resolution  of  both  houses; 
and  the  ballots  bein;^  taken,  counted  and  sorted,  the  Hon.  Jonas  Galusha 
had  a  majority  of  all  the  votes  and  was  duly  elected  on  the  pnrt  of  the 
Council.  Mr.  [Charles]  Rich  appeared  in"  Council  and  informed  the 
Governor  and  Council  that  the  house  had  balloted  for  a  Senator  and 
were  ready  to  meet  the  Governor  and  Council  in  the  Representatives' 
room,  compare  their  respec^tive  nominations  and  proceed  according  to 
law;  and  he  withdrew.  The  Governor  and  the  council  accordingly  went 
to  the  representatives'  room  for  the  purpose  above  mentioned  and  met 
the  house  in  joint  committee  when  the  above  proceedings  of  the  Gov- 
ernor and  the  Council  were  read  and  the  proceedings  oi  the  house  of 
Re[)resentatives  as  follows;  "In  gen^  Assembly  Oct.  10**»  1807,  10  O 
clock  A.  M.  pursuant  to  the  joint  resolution  of  both  houses  of  this  day 
the  General  Assembly  proceeded  to  ballot  for  a  suitable  person  to  rep- 
resent this  State  in  the  Senate  ot  the  United  States  in  the  place  of  the 
Hon.  Israel  Smith  Esquire  elected  Governor  of  this  State;  the  ballots 
being  taken,  counted  and  sorted  the  Hon.  Jonathan  Robinson  Esquire 
was  duly  elected  on  the  part  of  the  house.  Extract  from  the  Journals, 
Attest  M.  Post  Clerk."    And  the  two  houses  not  agreeing  in  the  uomi- 


Governor  and  Council — October  1807.  153 

nation  the  joint  Committee  immediately  proceeded  by  ballot  to  elect  a 
Senator  agreeably  to  the  concurrent  resolution  of  both  houses,  and  the 
ballots  being  taken,  sorted  and  counted  the  Hon.  Jonathan  Kobinsou 
Esquire  had  a  majority  of  all  the  votes  and  was  <leclared  duly  elected 
by  the  joint  ballot  of  both  houses;  and  by  the  direction  of  his  excellency 
the  Governor  the  Sheriff  of  Windsor  County  made  proclamation  of  the 
same;  and  the  Governor  and  Council  returned  to  their  chamber. 


Saturday  October  lO***'  1807. 

The  Honorable  Samuel  Shaw  and  Ezra  Butler  appeared  in  the  Coun- 
cil Chamber  and  sicrnified  their  acceptance  of  their  Offices  of  Councillors 
to  which  they  had  been  declared  to  be  elected,  and  his  honor  the  [Lieut.] 
Governor  Rrigham  administered  the  Oaihs  required  by  the  constitution 
1^  laws  to  Messrs.  [Mr.]  Shaw;  and  Mr.  Butler  made  affirmation. 

Adj*  to  2  Oclock  Afternoon. 

[2  o'clock  p.  M.]— The  Council  met  pursuant  to  adj»- 

The  petition  of  Oliver  Harmon  for  compensation  for  confiscated  lands 
was  rec**  from  the  house  with  this  order  thereon — "In  General  Assem- 
bly Oct'  10***  1807  read  and  referred  to  the  committee  of  Claims  to  join 
the  committee  from  the  Council.  Members  chosen  from  the  h«>use 
Messrs  D.  Chipman,  T.  Hutchinson,  J.  Smith,  J.  Roberts  and  J.  Fisk. 
Attest  M.  Post  Clerk."  And  the  same  being  read  it  was  Resolved  that 
Mr.  Niles  join  with  the  house  in  their  committee  on  said  petition. 

An  act  appointing  Daniel  Buck  and  Dudley  Chase  Esquires  to  insti- 
tute a  Suit  against  John  Wheelock  Esq'  respecting  the  seventh  sec- 
tion of  an  act  therein  mentioned,  which  was  received  from  the  house 
with  this  order  thereon;  *'ln  General  Assembly  Oct.  lO**^  1S07.  Read 
and  referred  to  Messrs  D.  Chipman  and  Chase,  Spencer,  T.  Hutchinson 
and  Rich  to  join  a  committee  from  the  Council;  Attest  M.  Post  Clk*' — 
which  was  read  and  it  was  Resolved  that  Mr.  Keyes  join  the  Commit- 
tee appointed  by  the  house  on  s**  Bill. 

Adjourned  to  10  O  Clock  Monday  Morning. 


Woodstock  October  12"'  1807. 

The  Council  met  pursuant  to  adjournment. 

The  petition  of  Beniah  Woodward  now  confined  in  Woodstock  Goal, 
stating  that  he  was  confined  in  said  Goal  on  a  sentence  of  the  Supreme 
Court  at  an  adj^  Session  of  said  Court  in  Windsor  C'ouniy,  praying  that 
his  imprisonment  might  be  remitted,  was  read  and  ordered  to  be  laid  on 
the  table. 

The  following  resolution  was  received  from  the  house — "  In  General 
Assemblv  Oct.  10***  1807,  Resolved,  the  Governor  and  Council  concur- 
ring  herein,  that  both  houses  meet  in  the  rej)resentatives'  room  in  joint 
committee  on  tuesday  next  at  10  OClock  in  the  forenoon  for  the  pur- 
pose of  electing  the  Judges  of  the  Supreme  Court  for  the  year  ensuing. 
Extract  from  the  record  Attest  M.  Post  Clerk  "—which  was  read  and 
it  was  resolved  to  concur  with  the  house  in  the  same. 

The  following  resolution  was  received  from  the  house;  '*  In  General 
Assembly  Oct.  10***  1807,  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  the  Members  of  both  houses  meet  in  County  Conven- 
tions at  4  OClock  {\fternoon  for  the  purpose  of  making  their  nomina- 
tions for  county  officers  for  the  year  ensuing;  and  that  both  houses  meet 


15  i  Governor  and  Council — October  1807. 

in  joint  committee  in  the  representatives'  room  at  the  opening  of  the 
house  on  Wednesday  morning  following  for  the  purpose  of  making  the 
appointment  of  such  oflScers.  Attest  M.  Post  Clerk  '' — which  was  read 
and  concurred. 

The  petitions  of  Andrew  Lackie.  the  Selectmen  of  Williamstown, 
from  Daniel  Merrimau  and  others,  all  praying  for  relief  where  mistakes 
had  heen  made  in  the  grand  lists  of  tiieir  respective  towns,  were  re- 
ceived from  the  house  with  this  order  on  each — ''In  Generall  Assemhiy 
October  10"'  1807,  read  and  referred  to  the  joint  Committee  of  Claims. 
Attest  M.  Post  Clerk'' — which  were  severally  read  in  Council  on  the 
12*^^  day  of  the  same  month  and  it  was  resolved  to  concur  with  t^ie  house 
in  the  above  reference. 

The  petition  of  Jonathan  Spaflford,  praying  for  an  act  to  suspend  all 
civil  prosecutions  airainst  him  for  a  term  of  years,  [was  received  from 
the  house]  with  this  order  thereon;  ''In  General  Assembly  Oct.  10^ 
1807,  Read  and  referred  to  Messrs.  Fletcher,  Hall  and  Aiken,  to  be  de- 
nominated the  committee  of  suspension,  to  join  a  Committee  from 
Council.  Attest  M.  Post  Clerk."  Wliich  was  read  and  i?  wa3  resolved 
that  Mr.  Loomis  be  appointed  to  join  the  Committee  from  the  house  on 
the  said  petition. 

The  petition  of  William  Scott  and  John  Spencer,  and  the  petition  of 
Luther  Baily,  each  praying  for  an  act  to  suspend  all  civil  suits  against 
them  for  a  term  of  vears,  were  rec<*  from  the  house  with  this  order  on 
each— "In  General  Assembly  October  10*^'  1807,  Read  and  referred  to  the 
Joint  committee  of  Suspension.  Attest  M.  Post  Clerk."  Which  were 
Severallv  read  and  it  was  resolved  to  concur  with  the  house  in  the  above 

Adjourned  to  2  OClock  P.  M. 

2  OClock  P.  M. — The  petition  of  Joel  Eddy,  praying  for  a  remission 
of  a  fine  imposed  upon  him  by  the  Supreme  Court  of  Judicature  at  their 
term  in  Windham  County  in  August  last  on  a  conviction  of  passing 
counterfeited  money  or  bills,  was  refid  and  ordered  to  lie  on  the  table 
until  tomorrow  morning  at  10  OClock  in  the  forenoon. 

Adjourned  'till  9  OClock  tomorrow  Morning. 


Tuesday,  October  W-^  1807. 

The  Council  met  pursuant  to  adjournment. 

The  petition  of  William  Slade  in  the  cause  of  Davic^  Ramsdill  against 
him  was  received  from  the  house  with  this  order  thereon — ''  In  General 
Assembly  Oct.  12*''  1807.  Read  and  referred  to  the  Committee  of  New 
trials  to  join  a  Conjmittee  from  the  Council.  [Members  chosen.] 
Me>?srs.  Spencer.  Mattocks  and  Ware.  Attest  M.  Pr)st  Clerk."  Which 
was  read  and  it  was  resolved  that  Mr  Fletcher  join  the  Committee  ap- 
[)ointe(l  on  the  part  r»f  the  house  on  said  petition. 

The  petition  of  Samuel  Horr  and  others,  praying  for  an  act  to  incor- 
porate him  and  his  associates  for  the  purpose  of  Manufacturing  Cotten 
yarn,  was  received  from  the  house  with  this  Order  thereon — ''  In  Gen- 
eral Assembly  October  1'2'*'  1807.  Read  and  referred  to  Messrs  Norris, 
Ilotchkiss,  D.  Chipman,  C^.  Fi<k  iV  Blodget  to  join  a  Committee  from 
the  Council.  Attest  M.  Post  Clerk" — and  the  same  being  read  it  was 
resolved  that  Mr  Wright  join  the  above  Committee. 

A  petition  of  Sundry  inhabitants  of  Marshtield.  praying  for  the  ex- 
clusive privilege  ot  manufacturing  gun-powder  within  this  state  for  the 
term  of  ten  years,  was  rec**  from  the  house  with  this  order  thereon:  "  In 
General  Assembly  Oct.  12*^  1807,  read  and  refer<*  to  the  joint  Committee 


Gwemar  and  Council — October  1807.  155 

[on  the  petition  of]  Samuel  Horr  and  others.  Attest  M.  Post  Clerk" — 
which  was  read  and  it  was  Resolved  to  concur  with  tlie  house  in  the 
above  reference. 

The  petition  of  Zacheus  Johnson,  praying  for  an  act  of  Suspension, 
was  rec^  from  the  house  with  this  order  thereon — **  In  General  Assem- 
bly Oct  12**»  1807,  Referred  to  the  joint  Committee  of  suspension.  Attest 
M.  Post  Clerk'' — which  was  read  and  it  was  resolved  to  concur  with  the 
house  in  the  above  reference. 

Pursuant  to  the  concurrent  resolution  of  both  houses  the  Governor 
and  Council  proceeded  to  the  representatives'  room  and  met  in  joint 
committee  for  the  purpose  of  electinj^  Judj^es  of  the  Supreme  Court  of 
Judicature  and  Court  of  Chancery  for  the  year  ensuing,  and  after  com- 
pleating  the  same,  the  Governor  and  the  Council  returned  to  their 
Chamber.  * 

The  petition  of  Johnson  Richardson,  praying  for  relief  in  the  support 
of  John  Vincent,  a  poor  Indian,  was  received  from  the  house  with  this 
order  thereon— '*  In  General  Assembly  Oct.  13**»  1807,  Read  and  referred 
to  the  joint  committee  of  Claims.  Attest  M.  Post  Clerk."  Which  was 
read  and  it  was  resolved  that  the  Council  concur  in  the  above  reference. 

The  petition  of  Phinehas  Slayton,  praying  for  a  suspension  of  civil 
process  against  him  for  the  terni  of  five  years,  was  rec**  from  the  house 
with  this  order  thereon — "  In  General  Assembly  Oct.  12^^  1807,  Read 
and  referred  to  the  joint  committee  of  suspension.  Attest  M.  Post 
Clerk  " — which  was  read  and  it  was  Resolved  to  concur  with  the  house 
in  the  above  reference. 

The  petition  of  Joel  Eddy  was  again  read  and  it  was  unanimously  re- 
solved on  motion  that  the  [)rayer  thereof  ought  not  to  be  grunted;  and 
also  unanimously  resolved  that  tlie  same  be  dismissed. 

Adjourned  to  2  OClock  Afternoon. 

2  OClock  Afternoon.— The  petition  of  the  inhabitants  of  Brad- 
ford, praying  that  a  part  of  Newbury  might  be  annexed  to  the  town  of 
Bradford,  and  a  petitum  of  the  inhabitants  of  Newbury  against  the  first, 
were  rec**  from  tne  house  with  this  order  on  each:  **  In  General  Assem- 
bly Oct.  13*^  1807,  Read  and  referred  to  Mess.  D.  Chipman.  Rich,  and 
Olio,  to  join  a  committee  from  Council.  Attest  M.  Post  Clerk " — 
which  were  severally  read  and  it  was  Resolved  that  Mr.  Whcelock  Join 
on  the  Committee  from  the  house  on  the  above  i)etition. 

Adjourned  to  9  O'clock  to  morrow  morning. 


Woodstock,  October  14**'  1807. 

The  Council  met  pursuant  to  adjournment. 

Pursuant  to  the  concurrent  resolution  of  ])oth  houses  the  Governor 
and  Council  proceeded  to  the  representatives'  room  and  met  the  house 
in  joint  committee  for  the  purpose  of  receiving  the  County  nominations 
and  appointing  the  respective  Count}*  officers  for  the  year  ensuing,  and 
having  made  progress  m  the  same,  the  Committee  was  adjourned  untill 
Saturdav  morning  next  to  meet  in  the  representatives"  room  at  the  open- 
ing of  the  house. 

The  following  resolution  was  reC*  from  the  house:  *' In  General  As- 
sembly Oct.  13^  1807,  Resolved  that  his  Excellency  the  Governor  be 
requested  with  and  by  the  advice  of  Council  to  ai)j)oint  thursday  the 

'Roynll  Tyler,  Theophilus  Harrington,  and  Jonas  Galusha  were 
elected. 


156  Governor  and  Council — October  1807. 

third  diiy  of  December  next  to  be  observed  [jis]  a  day  of  public  tbanks- 
^ivinjT  and  ])rayer  throuLrbout  tbis  State.  Extract  from  the  Journals, 
Attest  M.  Post  Clerk.''  Wbicb  was  read  and  Resolved  tbnt  the  Coun- 
cil advise  bis  Excellency  the  (governor  to  issue  his  proclamation  in  com- 
pliance with  the  above  resolution. 

The  petition  of  D.  Wilcox,  prayinj^  for  an  exclusive  privileiije  of  keep- 
ing a  ferry  from  South  Hero  to  Cumberland  head,  and  a  number  of  ac- 
companying papers,  were  received  from  the  house  with  this  order 
thereon:  '*  In  General  Assembly  Oct.  13'^  1807,  Read  and  referred  to 
Messrs  Buck,  Hine,  McLaughlin.  Tenney  &  Tubbs  to  join  a  committee 
from  the  Council.  Attest  M.  Post  Clerk.''  Whidi  was  read  and 
it  was  resolved  to  join  in  Committee  and  that  Mr.  Shepardson  be  ap- 
pointed. 

The  petitiiMi  of  Benjamin  Mattison  for  a  new  trial  in  the  case  of 
Christopher  Roberts  against  him  was  rec'^  from  the  house  with  this  or- 
<ler  thereon:  ''In  General  Assemblv  Oct.  13"^  1807.  Referred  to  the 
joint  committee  of  new  trials.  Attest  M.  Post  Clerk" — which  was  read 
and  it  was  Resolved  to  concur  with  the  house  in  the  above  reference. 

The  petitions  of  Thomas  H.  Parker,  Stephen  Woodward  and  Oliver 
Willard,  ejicb  praying  for  an  act  to  suspend  all  civil  prosecutions 
against  them  for  a  term  of  years,  [was  received  from  the  house]  with  this 
order  on  each;  *••  In  General  Assembly  Oct.  13^  1807,  read  and  referred 
to  the  joint  Committee  of  Suspension.  Attest  M.  Post  Clerk."  Which 
were  severally  read,  and  it  was  Resolved  to  concur  with  the  house  in 
the  above  reference. 

His  Excellency  the  Governor  was  pleased  to  appoint  Rolliu  C.  Mallary 
Secretary  for  himself  and  the  Council. 

Attest  VViLLiAM  Page  Ju'  Secretary, 

Adjourned  to  2  OClock  P.  M. 

2  OClock  P.  M.— The  petition  of  Prince  B.  Hall,  praying  to  be 
admitted  to  the  poor  debtor's  oath,  was  rec*^  from  the  bouse  with  this 
order  thereon:  "In  (Jeneral  Assembly  Oct.  V2^^  1807,  read  and  referred 
to  the  Joint  committee  of  Claims.  Attest  M.  Post  Clerk."'  The  petition 
of  Ebenezer  Markham,  praying  an  act  of  suspension  from  all  civil  prose- 
cutions for  the  term  of  ten  years,  was  rec**  from  the  house  with  this 
order  thereon — "In  General  Assembly  Oct  13**^  1807.  Read  and  referred 
to  the  joint  committee  of  suspension.  Attest  M.  Post  Clk.''  The  peti- 
tion of  Thomas  Rice  alias  Thomas  Nicholas,  praying  for  the  alteration 
of  his  name  to  Thomas  Rice,  was  rec**  from  the  house  with  this  order 
thereon — "In  General  Assembly  Oct.  1*2**^  1807,  read  and  resolved  that 
the  prayer  thereof  ought  to  be  granted  and  that  the  petitioner  have 
leavir  to  bring  in  a  bill  accordingly.  Attest  M.  Post  Clerk."'  The 
above  and  foregoing  j)etitions  were  each  of  them  read  and  it  was  re- 
solved to  concur  with  [the  orders  of  the  house  on]  each  and  all  of  iheni. 

An  act  laying  a  duly  on  bank  bills  imported  into  this  State  [was 
received  from  the  house]  with  this  older  thereon, — "In  General  Assem- 
bly Oct.  14*''  1807.  This  bill  was  brought  in  by  Mr.  Herringt(»n  and 
referred  to  Mr.  T.  Hutchinson,  D.  Chijunan  and  Olin  to  join  a  com- 
mittee from  the  Council.  Attest  M.  Post  Clerk.'"  Read  and  it  was 
resolved  to  concur  with  the  house  in  the  above  reference  and  his  Hon. 
P,  Brigham  wa^  appointed  to  join  the  above  committee. 

An  engrossed  bill  entitled  "an  act  to  confirm  the  name  and  doings  of 
Thomas  Rice'"  was  rec'^  from  the  house;  and  was  read;  an<l  it  was  re- 
solved to  ct)ncur  wiih  the  house  in  passing  the  same  without  amendment. 

The  petition  of  Thomas  Kimball,  i)raying  for  the  remission  and  j).irdon 
of  certain  crimes  of  which  he  had  been  convicted  and  sentenced  to  be 


Governor  and  Council — October  1807.  157 

punished,  was  read  and  it  was  resolved  that  the  part  of  the  sentence 
which  relates  to  corporal  punishment  should  be  remitted  and  also  as  it 
relates  to  the  whole  time  of  his  imprisonment. 
Adjourned  to  9  OClock  to  morrow  morning. 


October  IS***  1807. 

The  Council  opened  according  to  adjournment. 

The  petition  of  Daniel  Janes,  prayin^:  that  the  Secretary  may  alter  a 
misUike  of  record  in  which  his  name  is  written  Jones,  was  read  and 
postponed  till  afternoon  this. day. 

The  petition  of  Otis  White,  prayinjr  for  an  act  of  suspension,  was  rec'^ 
from  the  house  with  this  order:  "In  General  Assembly  Oct.  14**'  18()7, 
resolved  that  it  be  referred  to  the  joint  committee  of  suspension,"  and 
read  and  it  was  resolved  to  concur  in  the  reference. 

The  petition  of  Beniah  Woodward  was  called  up  and  on  motion  it  was 
unanimousl}'  resolved  to  dismiss  the  petition. 

The  Hon.  Jonas  Galusha  resigned  his  seat  in  the  Council  upon  his 
being  appointed  one  of  the  Judges  of  the  Supreme  Court. 

The  Honorable  Royall  Tyler  Esqr  as  Chief  Judge,  and  the  Honorable 
Tlieophilus  Harrington  and  Jonas  Galusha  Esquires  as  Side  Judges  of 
the  Supreme  Court  of  Judicature  and  Court  of  Chancery  of  the  State  of 
Vermont,  appeared  in  Council  and  their  respective  Oaths  of  Office  wore 
administered  to  them  by  his  Plon.  Lieut.  Governor  Paul  Brigham  Esq""- 

The  petition  of  [Asa]  Farnum  and  others,  praying  for  the  amendment 
of  their  certain  declaration  [in  a  i)ending  suit,]  was  received  from  the 
house  with  an  order  [for  a  committee]  to  join  a  committee  from  the 
Council,  [which]  was  read  and  it  was  resolved  to  concur  and  Mr. 
Spoouer  on  the  part  of  the  Council  was  appointed. 

Adjourn'd  to  2  OClock  afternoon. 

2  OClock  P.  M. — Council  met  as  by  adjournment 

An  engro.ssed  bill  was  rec*  from  the  house  entitled  "an  act  alterin<T^ 
the  name  of  Caleb  Hogg  to  that  of  Caleb  Hall,-'  and  it  was  read  and 
resolved  to  concur  with  the  house  and  that  the  same  become  a  law. 

The  petition  of  George  Downer  for  the  pardon  of  certain  crimes  was 
read  and  ordered  to  lie. 

The  petition  of  Daniel  Janes  was  called  up  and  on  motion,  resolved 
that  it  lie. 

The  petition  of  Eliakim  Spooner  was  reC*  from  the  house  with  this 
order  thereon:  •'  Read  and  resolved  that  it  be  referred  to  the  joint  com- 
mittee of  Claims.  Attest  M.  Post  Clerk.""  Read  and  resolved  to  con- 
cur with  the  house  in  the  above  reference. 

Received  from  the  house  these  Petitions,  of  Isaac  Farr  and  William 
8.  M*Leod,  with  this  order  on  each:  ''In  General  Assembly  Oct.  15**» 
1807,  read  and  referred  to  the  joint  committee  of  Suspension.  Attest 
M.  Post  Clerk."  They  were  each  of  them  read;  and  it  was  resolved 
that  the  Council  concur  with  the  above  reference. 

Rec*  from  the  house  the  petition  of  Philip  Smith  and  others  with  this 
order  thereon,  "  In  General  Assembly  Oct.  lo***  1807.  read  and  referred 
to  the  Joint  committee  of  claims.  Attest  M.  Post  Clerk."  Read  and 
resolved  to  concur  in  the  above  resolution  and  reference. 

The  petition  of  sundry  inhabilants  of  Chittenden  County  praying  for 
the  [a]  branch  of  Vermont  State  Bank  [was  received  from  the  house] 
with  this  Order  thereon;  ''In  General  Assembly  Oct  15*^  1S07,  read  and 
referred  to  [Messrs.]  Rising.  Dennison,  X.  Chiimian,  Olds,  French  and 
T.  Allen  to  join  Committee  from  Council.     Attest  .  M.  Post  Clerk." 


158  Governor  and  Council — October  1807. 

Read  and  resolved  to  concur  with  the  house  in  the  above  reference  and 
that  Mess.  Butler  and  Shaw  join. 

Received  three  other  petitions  from  the  house  for  banks  [branches  of 
the  State  Bank;]  one  from  Rutland,  one  from  Orleans  and  Essex  &c.  & 
one  from  Windham  Counties,  with  orders  from  the  house  to  be  referred 
to  the  last  mentioned  joint  commjttee,  and  were  read  and  on  motion  it 
was  resolved  to  concur  in  the  refeVence,  Messrs  Butler  and  Shaw  being 
the  members  on  the  part  of  Council  to  join. 

Adj<*  to  9  OClock  to  morrow  morning. 


Woodstock  October  W^  1807. 

The  Council  met  pursuant  to  adjournment. 

The  petition  of  Joshua  Woodward,  praying  to  be  released  from  im- 
prisonment to  which  he  had  been  Sentenced  by  the  Supreme  Court  of 
this  State  for  passing  Counterfeited  bills,  was  rec**  and  on  motion  post- 
poned 'till  the  petitioner's  and  the  State's  Attornies  were  called. 

The  petition  of  George  Downer  was  called  for;  and  on  motion  was 
dismissed. 

The  petition  of  Robert  Blood,  praying  for  a  new  trial,  was  rec*  from 
the  house  with  this  order  thereon:  '*In  General  Assembly  Oct^  16*^ 
1807,  Read  and  referred  to  the  Joint  Committee  of  New  trials.  Attest 
M.  Post  Clerk."    Read  and  resolved  to  concur  in  the  above  reference. 

The  petition  of  Timothy  Brown,  praying  for  indenmiflcation  for  cer- 
tain losses,  wjvs  received  from  the  house  with  this  order  thereon:  "In 
General  Assembly  Oct.  16**^  1807,  Read  and  referred  to  Messrs.  Spencer, 
P.  Smith  &  C.  Roberts  to  join  Committee  from  Council.  Attest  M.  Post 
Clerk."  Read  and  resolved  to  concur  with  the  house  in  the  above 
reference  and  that  Mr.  Keyes  join. 

On  motion  Messrs.  Chittenden  and  Loomis  were  appointed  to  supply 
the  place  of  Mr.  Galusha  in  the  Committees  on  the  Governor's  speech 
relating  to  crimes  and  punisliments  and  State  Prison. 

Adj'd  to  2  OClock  P.  M. 

The  Council  met  pursuant  to  adjournment. 

A  bill  entitled  ''an  act  to  revive  an  act  for  laying  a  tax  of  three  cents 
per  acre  on  the  lands  of  Wolcott"  was  received  from  the  house  engrossed, 
was  read  and  referred  to  Mr.  Xiles  to  report  information. 

Received  from  tlie  house  the  petition  of  the  Inhabitants  of  Franklin 
County,  prsiyinj]:  for  a  branch  of  the  Vermont  State  bank,  with  this  order 
thereon:  "In  General  Assembly  Oct.  IG^  1807,  read  and  referred  to  the 
joint  Committee  [on  the  petition]  of  George  Robinson  and  others.  At- 
test M.  Post  Clerk."  [Read  and  it  was  resolved  to  concur  in  the  above 
reference.] 

The  petition  of  Joshua  Woodward  was  called  up,  the  attornies  Messrs 
Chase  and  Buck  appearing,  and  after  debate  and  on  motion  it  was  dis- 
missed. 

The  petition  of  the  Inhabitants  of  Windsor,  praying  for  a  Bank,  was 
received  from  the  house  with  this  order  thereon:  "In  General  As-sem- 
bly  read  and  referred  to  the  joint  committee  on  banks."  Read  and  it 
was  resolved  to  c(»ncur  with  the  house  in  the  above  reference. 

Adjourned  to  9  OClock  to  Morrow  Morning. 


Saturday  Oct.  11^  1807. 
The  Council  met  pursuant  to  adjournment. 

The  Governor  and  Council  proceeded  to  prayers  in  the  representa- 
tives' room  and  after  they  were  finished  they  instantly  went  into  joint 


Governor  and  Council — October  1807.  159 

committee  of  the  whole  and  then  adjourDed  for  one  hour;  the  Governor 
and  the  Council  returned  to  their  Chamber  and  proceeded  to  business. 

The  following?  resolution  was  reC*  from  the  house:  "In  General  As- 
sembly Oct.  lO***  1807,  resolved  that  a  Committee  of  three  be  appointed 
from  this  house  to  join  a  committee  from  the  Council  to  inquire  into  the 
expediency  of  passing  an  act  authorising  the  Supreme  Court  to  issue  a 
Citation  to  the  Connecticut  river  turnpike  Company  to  shew  cause  why 
the  Grant  of  said  turnpike  road  should  not  be  vacated.  Members  chosen 
[Messrs.]  Chase,  Dennison  and  Olin.  Extract  from  the  Journals  At- 
test M.  JPost  Clerk."  Read  and  resolved  to  concur  with  the  house  in 
the  above  resolution  [reference]  and  that  Mr.  Wright  be  appointed  to 
Join  on  the  part  of  the  Council. 

The  petition  of  the  Inhabitants  of  Addison  County  [for  the  incorpora- 
tion of  a  cotton  manufacturing  company]  was  received  from  the  house 
with  this  order  thereon:  "In  General  Assembly  Oct.  16*^  1807.  read  and 
referred  to  the  joint  committee  [on  the  petition]  of  Samuel  Horr  and 
others.  AtlesJ:  M.  Post  Clerk."  Read  and  resolved  to  concur  with  the 
house  in  the  above  reference. 

The  Governor  and  Council  met  in  the  Representatives'  room  in  joint 
committee  agreeable  to  adjournment  and  after  making  progress  in  the 
appointment  of  [county]  officers  which  came  before  them,  adjourned 
antill  next  Wednesday  morning  at  10  OClock — And  then  adjourned;  and 
the  Governor  and  Council  returned  to  their  Chamber  and  then  adjourned 
Hill  2  OClock  in  the  afternoon. 

The  Council  met  pursuant  to  adjournment. 

The  petition  of  the  president  and  directors  of  the  Green  Mountain 
Turnpike  [Company]  was  rec**  from  the  house  with  this  order  thereon: 
'*In  General  Assembly  Oct.  17^  1807,  read  and  referred  to  Messrs.  J. 
Fisk,  Hinman,  Dennison  &  Hunter  to  join  a  committee  from  the  Coun- 
cil. Attest  M.  Post  Clerk."  Read  and  resolved  to  concur  with  the 
abf»ve  reference  and  Mr  Shepardson  appointed  [to]  join  said  Committee. 

The  petition  of  John  Parker  and  others  was  received  from  the  house 
with  this  order  thereon:  *•  In  General  Assembly  read  and  referred  to  the 
Committee  on  the  petition  of  the  President  and  directors  of  the  Green 
Mountain  Turnpike  Company.  Attest  M.  Post  Clk."  Read  and  re- 
solved to  concur  with  the  house  in  the  above  reference. 

The  remonstrances  of  the  Inhabitants  of  Ludlow  and  others;  of  the 
inhabitants  of  Shrewsbury  and  others,  with  this  order  on  each:  '*  In 
General  Assembly  Oct.  17^*'  1807,  read  and  referred  to  the  joint  Conmiit- 
tee  on  the  petition  of  the  president  and  directors  of  the  Greenmountain 
Turnpike  Company.  Attest  M.  Post  Clerk."  Read  and  resolved  to 
concur  with  the  house  in  the  above  reference. 

Adjourned  to  10  O'clock  Monday  Morning. 


Woodstock  October  W^  1807. 
The  Council  met  pursuant  to  adjournment. 

There  not  being  a  quorum  present,  the  Council  adjourned  to  2  OClock 
Id  the  aAernoon. 

2  OClock  P.  M. — An  engrossed  bill  was  received  from  the  house  en- 
titled "  an  ar-.t  laying  a  tax  of  two  cents  an  acre  on  all  the  lands  of  Reads-* 
boro  "  (public  lands  except,)  which  was  read  and  referred  to  Mr.  Shep- 
ardson to  report  information. 

An  engrossed  bill  was  received  from  the  house  entitled  *'  an  act  incor- 
porating the  proprietors  of  Montpelier  Aquaduct  Company;"  which  was 
read  and  referred  to  Mr.  Keyes  to  report  information. 


160  Governor  and  Council — October  1807. 

An  engrossed  bill  was  rec**  from  the  house  entitled  "  an  act  remitting 
a  sum  of  money  to  the  town  of  Williamstown;"  [which]  was  read  and 
ordered  to  lie  for  further  consideration. 

An  engrossed  bill  was  rec*^  from  the  house  entitled  ^^  an  act  laying  a 
tax  of  two  cents  on  each  acre  of  land  in  the  town  of  Duxbury;"  which 
was  rend  and  ordered  to  lie;  and  immediately  it  was  called  up  and  read, 
and  it  was  resolved  to  concur  with  the  house  in  said  bill  and  that  the 
same  become  a  law. 

ReC*  from  the  house  an  engrossed  bill  entitled  "  an  act  laying  a  tax  of 
three  cents  pr.  Acre  on  the  land  in  the  town  of  Moretownf"  which  was 
read  and  it  was  resolved  to  concur  with  the  house  in  the  above  bill  with 
the  following  amendment,  to  wit,  after  the  word  ^'^  colleciion'^''  in  the 
fourth  lino  from  the  bottom,  erase  the  "'  o/"  and  insert  the  words  **  and 
accounting  for'''' ;  and  also  th'xt  Mr.  Loomis  be  requested  to  inform  the 
house  of  the  reasons  for  that  amendment. 

Adjourned  to  9  O  clock  A.  M.  to  Morrow  Morning. 


October  20**»  1807. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house,  an  engrossed  bill  entitled  an  *'act  to  authorize 
the  proprietors  and  landowners  of  the  town  of  Burke  to  appropriate  lands 
for  the  use  of  Roads,''  which  was  read  and  ordered  to  lie  on  the  table; 
but  was  instantly  called  for  and  on  motion  it  was  resolved  not  to  concur 
with  the  house  in  passing  the  same. 

Received  from  the  house  an  engrossed  bill  entitled  "an  act  appointing 
Auditors  to  adjust  the  claims  of  the  Counties  of  Franklin  and  Grand 
Isle."  [which]  was  read  and  referred  to  Messrs  Butler  and  ChittenHen 
for  information. 

Rec**  from  the  house  an  engrossed  bill  entitled  "an  act  granting  to 
Azariah  Brooks  the  exclusive  right  of  keeping  a  Ferry;"  which  was  read 
and  on  motion  it  was  Resolved  to  concur  with  the  house  in  passing  the 
bill. 

Received  from  the  house  an  engrossed  bill  entitled  an  "act  annexing 
a  part  of  the  town  of  Pomfret  to  the  town  of  Sharon;"  which  was  read 
and  ordered  to  lie. 

Adjourned  till  2  OClock  afternoon. 

The  Council  met  pursuant  to  adjournment 

A  i)etition  from  the  inhabitants  of  Bennington  County  for  a  Branch 
of  the  Vermont  State  bank  was  received  from  the  house  with  this  order 
thereon:  "In  General  Assembly  Oct.  IT***  1807,  read  an<l  referred  to  the 
joint  committee  on  the  several  petitions  for  branches  for  the  Vermont 
State  Bank.  Attest  M.  Post  Clerk."  Read  and  resolved  to  concur  with 
the  house  in  the  above  reference. 

Four  engrossed  bills  were  received  from  the  house  of  the  following 
description  :  one  to  "incorporate  the  proprietors  of  the  Montpclicr 
Aquaduct  Company;"  one  laying  a  tax  of  three  cents  on  each  acre  of 
land  in  the  town  ol  Ludlow;  one  annexing  apart  of  Porafret  to  the  town 
of  Sharon;  one.  "remitting  a  sum  of  money  to  the  town  of  Williams- 
town;"  which  were  severally  read  and  it  was  resolved  to  concur  with 
the  house  in  passing  the  same. 

The  engrossed  bill  committed  to  Mr.  Niles,  entitled  an  act  to  revive 
an  act  laying  a  tax  on  VVolcott,  was  called  up,  read  and  on  motion  it  was 
resolved  "to  concur  with  the  house  in  passing  the  same. 

An  engrossed  bill  was  received  fnmi  the  house  entitled  "an  act  in 
amendment  of  and  to  repeal  part  of  an  act  concerning  Bills  of  Divorce, 
[which]  was  read  and  on  motion  ordered  to  lie  on  the  table. 


Governor  and  Council — October  1807.  161 

On  motion,  Mr  Niles  was  appointed  to  assign  the  reasons  of  tlie 
Coancil  in  their  non  concurring  with  the  tiouse  in  an  act  entitled  an 
act  to  authorize  the  proprietors  of  Burke  to  appropriate  lands  for  the 
use  of  roads — But  They  were  immediately  rescinded  as  to  Mr  Niles 
being  appointed  to  carry  the  reasons  aforesaid  to  the  house  and  Ordered 
that  the  Secretary  carry  the  Same. 

An  engrossed  bill  was  received  from  the  house  entitled  an  act  grant- 
ing relief  to  Prince  B.  Hall  which  was  read  and  ordered  to  lie  on  the 
table  untill  to  morrow  morning. 

An  engrossed  bill  was  received  from  the  house  entitled  an  '"act 
appointing  auditors  to  adjust  the  Claims  of  the  Counties  of  Franklin  and 
Grand  Isle/'  which  was  read  and  it  was  resolved  to  concur  with  the 
honse  in  the  above  bill  and  that  the  same  become  a  law. 

An  engrossed  bill  (that  by  Council  had  been  referred  to  Mr  Shepard- 
8on  to  report  information)  entitled  an  act  laying  a  tax  of  two  cents  on 
each  acre  of"  land  of  the  town  of  Readsborough,  was  read  and  it  was  re- 
solved to  concur  with  the  house  in  passing  the  same. 

An  engrossed  bill  was  rec**  from  the  house  entitled  an  *'act  in  amend- 
ment of  an  act  entitled  an  act  constituting  a  Company  of  Artillery  in 
the  town  of  Bakersfield,"  which  was  read  and  it  was  resolved  to  concur 
with  the  house  in  passing  the  same. 

Adjourned  to  9  to  morrow  morning. 


Woodstock  October  21«*  1807. 

The  Council  met  pursuant  to  adjournment. 

The  petition  of  Alexander  McDonald  [was  received  from  the  house] 
with  this  order  thereon:  ''In  General  Assembly  Oct.  21»*  1807,  read  and 
refer'd  to  the  joint  Committee  of  New  trials.  Attest  M.  Post  Clerk." 
Read  and  it  was  resolved  to  concur  with  the  house  in  the  above  refer- 
ence. 

Received  from  the  house  a  resolution  appointing  a  committee  from  the 
house  to  join  a  committee  from  the  Council  to  prepare  an  address  to  the 
President  of  the  United  States;  and  it  was  resolved  to  concur  with  the 
house  in  said  resolution  and  that  Mr.  Niles  be  appointed  to  join. 

Received  from  the  house  a  resolution  appointing  a  committee  from 
the  house  to  join  the  committee  from  the  Council  to  enquire  into  the 
expediency  of  laying  out  &c.  a  road  from  the  road  on  white  River  near 
Marsh's  Mills  in  Bethel,  to  the  road  on  a  branch  of  Onion  river  and 
near  the  meetinghouse  in  Williainstown,  and  report  &c. — the  members 
chosen  on  the  part  of  the  house  to  join  were  Messrs  Chase,  Thompson 
and  P.  Smith;  which  was  read  and  it  was  resolved  to  concur  with  the 
house  in  the  above  reference — and  that  Mr.  Fletcher  join  said  Com- 
mittee. 

The  act  granting  relief  to  Prince  B.  Hall  was  called  up  and  on  motion 
it  was  ordered  to  lie. 

The  Governor  and  Council,  pursuant  to  adjournment,  mei  the  house 
in  Joint  Committee  in  the  Representatives' room  for  the  purpose  of  com- 
pleating  the  appointment  of  County  officers;  and  after  progress  adj^  to 
next  Friday  at  ten  OClock  in  the  forenoon. 

The  bill  entitled  an  ''act  granting  relief  to  Prince  B.  Hall  was  called 
up  and  on  motion  it  was  resolved  not  to  concur  with  the  house  in  pass- 
ing the  same;  and  that  Mr.  Shaw  carry  the  same  to  the  house. 

Adjourned  to  2  OClock  in  the  afternoon. 

2  O'CLOCK  AFTERNOON. — The  Council  met  pursuant  to  adjournment. 
Received  from  the  house  the  petition  of  Hezekiah  Pierce,  praying  for 

11 


162  Governor  and  Council — October  1807. 

an  act  of  Buspension  of  civil  prosecutions  against  him  for  a  term  of 
years,  with  this  order  thereon:  "In  General  Assembly  Oct.  21**  1807, 
read  and  referred  to  the  joint  committee  of  suspension.  Attest  M.  Post 
Clerk" — which  was  read  and  it  was  resolved  to  concur  with  the  house  in 
the  above  reference. 

An  engrossed  bill  was  received  from  the  house  entitled  an  "act  laying 
a  tax  of  two  cents  on  each  acre  of  land  in  the  town  of  Troy;"  which  was 
read  and  on  motion  it  was  resolved  to  concur  in  passing  the  same  and 
that  it  become  a  law. 

An  engrossed  bill  was  rec^  from  the  house  entitled  an  "  act  in  amend- 
ment of  and  to  repeal  part  of  an  act  concerning  bills  of  Divorce,"  which 
was  read  and  on  motion,  was  resolved  to  concur  with  the  house  in  pass- 
ing the  same  and  that  it  become  a  law. 

An  engrossed  bill  was  rec*  from  the  house  entitled  an  act  authorizing 
the  Selectmen  of  the  town  of  Cabot  to  alter  a  part  of  the  County  Road 
leading  from  Danville  Courthouse  to  Montpelier;  which  was  read  and 
on  motion  it  was  resolved  to  concur  with  the  house  in  passing  the  same. 

Received  from  the  house  an  engrossed  bill  entitled  an  "act  to  extend 
the  effect  and  operation  of  an  act  entitled  an  act  laying  a  tax  of  two  cents 
pr.  acre  on  the  town  of  Sunderland;"  which  was  read  and  referred  to  Mr. 
Wheelock  to  report  information. 

Received  the  following  resolution  from  the  house:  "In  General  As- 
sembly Oct.  21»*  1807,  Resolved  that  the  house  do  concur  with  the  Gov- 
ernor and  Council  in  their  amendment  to  an  act  entitled  an  "act  laying 
a  tax  of  tliree  cents  pr.  acre  on  the  town  of  Moretown;"  and  fliat  the 
same  become  a  Law.  Extract  from  the  Journals  Attest  M.  Post 
Clerk." 

Rec**  from  the  house  an  engrossed  bill  entitled  "an  act  to  repeal  a  cer- 
tain act  and  parts  of  an  act  therein  mentioned  relating  to  the  support 
of  the  Gospel;"  which  was  read;  the  Yeas  and  Nays  were  called  for; 
and  the  Council  proceeded  to  the  debate  on  the  question,  ''Shall  we 
concur  with  the  house  in  passing  the  bill  ?  "  when  it  was  ordered  to  lie 
on  the  table  'till  to  morrow  morning.  And  then  on  motion  the  Council 
was  adjourned  'till  to  morrow  morning  at  9  OClock. 


9  OClock  Oct.  22°*  1807. 

The  Council  met  pursuant  to  adjournment. 

Mr.  Wright  was  excused  from  serving  on  committee  on  account  of  ill 
health  and  Mr.  Shaw  be  [was]  appointed  to  serve  on  the  same  and  sup- 
ply his  place. 

The  bill  entitled  an  "  act  laying  a  tax  of  one  cent  per  acre  in  the  town 
of  Duncansboro"  [Newport,]  which  had  been  referred  to  Mr  Spooner, 
was  called  up  and  on  motion  to  amend  the  Bill  in  a  certain  part,  it  was 
decided  in  the  negative— and  on  motion  it  was  resolved  to  non-concur 
with  the  house  in  passing  the  same  and  that  Mr.  Chittenden  inform  the 
house  of  the  reasons  why  the  Council  do  not  concur. 

The  bill  entitled  "an  act  to  repeal  a  certain  act  and  parts  of  an  act 
therein  mentioned  relating  to  the  support  of  the  Gosjjel"  was  again 
called  up  and  after  debate,  the  Council  adjourned  to  2  OClock  in  [the] 
afternoon. 

2  OClock  afternoon — The  last  mentioned  bi,ll  was  called  up  and 
on  [after]  debate  the  Council  was  adjourned  till  9  OClock  to  morrow 
morning. 


Q-ovemor  and  Council — October  \%Q1.  163 

Oct.  23*'  9  OClock  in  the  forenoon. 

The  Council  met  pursuant  to  adjournment. 

Mr  Wheelock  made  report  on  the  bill  entitled  an  **Act  to  extend  the 
effect  and  operation  of  an  act  entitled  an  act  laying  a  tax  of  two  cents  pr 
acre  on  the  town  of  Sunderland,*'  which  was  read  and  on  motion  it  was 
resolved  to  concur  with  the  house  in  passing  the  same. 

An  engrossed  bill  was  rec*  from  the  house  entitled  *'  an  act  laying  a 
tax  on  the  County  of  Franklin,"  which  was  read  and  it  was  resolved  to 
concur  with  the  house  in  passing  the  same. 

Received  from  the  house  an  engrossed  bill  entitled  "  an  act  empower- 
ing the  proprietors  and  land  owners  of  Westford  to  confirm  their  former 
proceedings,"  which  was  read  and  on  motion  it  was  resolved  to  refer  tne 
same  to  Gov.  Brigham  and  Messrs  Butler  and  Chittenden  to  report  in- 
formation. 

The  Governor  and  Council  met  in  the  Representatives'  room  in  joint 
committee  pursuant  to  adjournment  for  the  purpose  of  compleating  the 
County  nominations  and  after  making  prpgress  in  the  same  the  Commit- 
'tee  was  adjourned  'till  Friday  next  at  Ten  OClock  in  the  forenoon. 

Received  from  the  house  the  "  report  of  the  Directors  of  the  Vermont 
State  Bank,"  with  this  order  thereon:  read  and  referr'd  to  Messrs  Chase, 
Rich,  Mcach.  Cameron  &  Luce  to  join  a  Committee  [from  Council]  to 
report  such  bill. or  bills  as  may  be  thought  necessary;  which  was  read 
and  it  was  resolved  to  concur  in  said  reference  and  that  Messrs  Niles 
and  Keyes  be  appointed  to  join. 

Received  from  the  house  the  following  bill  entitled  '*an  act  authoriz- 
ing Collectors  to  receive  bills  of  the  Vermont  State  Bank  in  payment  of 
taxes"  with  this  order — "  In  General  Assembly  Oct.  22°'*  1807,  the  Reso- 
lution was  bro't  in  by  Mr.  Harrington  and  referred  to  the  joint  commit- 
tee on  the  report  of  the  Directors  of  tlie  Vermont  State  Bank.  Attest 
M.  Post  Clerk" — which  was  read  and  it  was  resolved  to  concur  with  the 
house  in  the  above  reference. 

The  bill  relating  to  ihe  support  of  the  Gospel  was  called  up  and  after 
debate  it  was  ordered  to  lie  on  the  table — And  on  the  motion  for  adj' 
the  Council  adjourned  'till  2  OClock  in  the  afternoon. 

[2  OCLOCK  P.  M.]  Received  from  the  house  a  resolution  [  bill  ] 
entitled  ''an  act  directing  the  Treasurer  to  pay  Thomas  Tolman  the  sum 
therein  mentioned,"  with  this  order  thereon:  ''In  General  Assembly 
Oct  23'*  1807,  read  and  referred  to  Messrs  N.  Chipman,  Bradley 
&  Buck,  to  join  Committee  from  Council.  Attest  M.  Post  Clerk." 
Which  was  read  and  it  was  resolved  to  concur  with  the  house  in  the 
above  reference  and  that  Mr  Shaw  be  appointed. 

Received  from  the  house  an  engrossed  bill  entitled  "an  act  laying  a 
tax  of  two  cents  per  acre  on  the  town  of  Stamford,"  which  was  read  and 
on  motion  it  was  ordered  to  lie  on  the  table. 

Receiv'd  from  the  House  an  engrossed  bill  entitled  "an  act  in  addition 
to  an  act  entitled  an  act  &c.  regulating  the  proceedings  of  the  County 
and  Supreme  Courts,"  which  was  read  and  on  motion  it  was  resolved  to 
concur  with  the  house  in  passing  the  same  and  that  it  become  a  Law. 

The  bill  relating  to  the  support  of  the  Gospel  was  called  up  and  on 
motion  it  was  ordered  to  lie  on  the  table  and  the  Council  adjourned  to  9 
OClock  A.  M.  to  morrow. 


Sat.  Oct.  24«»  1807,  9  OClock  A.  M. 

An  engrossed  bill  was  received  from  the  house  entitled   "an  act  to 
provide  for  the  compilation  and  printing  of  the  laws  of  this  State," 


164  Governor  and  Council — October  1807. 

which  was  read  and  then  Committed  to  his  Excellency  the  Governor 
and  Mr.  Niles  for  examination. 

The  bill  relating  to  the  ''former  proceeding  of  the  town  of  Westford" 
was  called  up  and  on  motion  it  was  resolved  to  concur  with  the  house 
in  passing  the  same. 

The  Bill  relating  to  the  support  of  the  Gospel  was  called  up  and  the 
^^Ytas'''  and  "^ayd"  were  taken  on  the  following  question,  "Shall  we 
concur  with  the  house  in  passing  the  above  mentioned  bill?"  and  the 
following  Members  were  in  the  affirmative  Viz.  Messrs  Chittenden, 
Spooner,  Keyes,  Fletcher,  Shepardson,  Wright,  Shaw  and  Butler,  and 
the  following  in  the  negative,  Gov.  Brigham,  Messrs  Loomis,  Wheelock 
and  Niles,  and  therefore  the  Council  Concurred  with  the  house  in  passing 
the  aforesaid  Bill.* 

Ad'd  to  2  OClock  P.  M. 

'  2  OClock  P.  M. — A  Bill  entitled  an  "act  directing  the  treasurer  to  pay 
Eliakim  Spooner  the  sum  therein  mentioned"  was  read  and  orderea  to 
lie. 

An  engrossed  bill  was  received  from  the  house  entitled  ''an  act  granting 
the  right  of  Ferry  to  Daniel  Wilcox  and  Benjamin  Bell  for  ten  years," 
which  was  read  and  it  was  resolved  to  concur  with  the  house  in  passing 
the  same. 

The  Council  adj**  to  10  OClock  Monday  A.  M. 


Tlie  Council  met  pursuant  to  adjournment  on  Monday  10  OClock  A. 
M.  Oct.  26»»^  1807. 

Received  trom  the  house  an  engrossed  bill  entitled  "an  act  laying  a 
tax  of  three  cents  per  acre  on  the  town  of  Greensboro,"  which  was  read 
and  it  was  resolved  to  concur  with  the  house  in  passing  the  same. 

An  engrossed  bill  entitled  an  "act  laying  a  tax  of  two  cents  per  acre 
on  the  town  of  Stamford,"  which  was  [called  up,]  read,  and  on  motion 
it  was  resolved  to  concur  with  the  house  in  passing  the  same. 

The  following  engrossed  bills  were  rec*^  from  the  house,  Viz:  One,  "an 
act  establishing  an  Academy  in  the  town  of  Dorset."  One,  "an  act  in 
addition  to  an  act  entitled  an  act  for  the  distribution  of  the  laws  and 
other  public  papers  of  this  State  "  :  One,  an  act  granting  to  Elisha  Bel- 
ding  the  exclusive  right  of  keeping  a  ferry";*  One,  "  establishing  Man- 
chester Turnpike  Company" — Oner^'Grantin;^  a  Ferry  to  Henry  Scott"; 
one  "Granting  a  new  trial  to  W^illiam  Slade";  which  were  severally 
read  and  it  was  resolved  to  concur  with  the  house  in  passing  the  same. 

An  engrossed  bill  was  received  from  the  house  "  relating  to  the  fraud- 
ulent sales  of  Choses  in  action  "  which  was  read  and  referred  to  Messrs 
Butler,  Shaw  and  Xiles. 

The  engrossed  bill  "  legalizing  the  marriage  of  Betsy  Case"  [was  re- 
ceived fn/m  the  house,]  which  was  read  and  ordered  to  lie. 

Two  engrossed  Bills  were  reC*  from  the  house,  one  called  *'  an  act  to 
provide  for  the  compilation  and  printing  the  laws  of  the  State" — one 
called  "an  act  granting  a  new  trial  to  Alexander  M'=  Donald,"  which 
were  each  of  them  read  and  it  was  resol**  to  concur  with  the  house  in 
parsing  the  same. 

Adjourned  to  2  OClock  P.  M. 

2  OcLOCK  p.  M. — The  following  engrossed  bills  were  rec**  from  the 
house— One,  laying  a  tax  of  two  cents  per  acre  on  the  town  of  Sher- 


*  See  Vol.  I,  i)p.  400-402.     The  above  repealing  act  was  passed  on  the 
recommendation  of  the  Council  of  Censors. 


Governor  and  Council — October  1807.  165 

burne,  which  was  read  and  ordered  to  lie. — Also  a  bill  '* granting  to 
Nathan  Niles  a  Ferry  across  Missisqui  Bay,"  which  was  read  and  it  was 
resolved  to  concur  with  the  house  in  passing  tlie  same. 

The  Petition  of  Daniel  Janes  was  called  up  and  ordered  to  lie  on  the 
table. 

An  engrossed  bill  was  rec*^  from  the  house  entitled  an  '*act  granting  a 
New  trial  to  Robert  Blood,"  which  was  read  and  it  was  resolved  to  con- 
cur with  the  house  in  passing  the  same. 

Received  from  the  house  a  resolution  appointing  Wednesday  next  at 
10  O'clock  in  A.  M.  the  time  for  meeting  in  joint  committee  for  the 
purpose  of  appointing  Brigadier  Generals  &c.  which  was  read  and  on 
motion  it  was  resolved  to  concur  with  the  house  in  the  same. 

Received  from  the  house  '"an  engrossed  bill"  (which  had  been  re- 
turned from  Council  to  the  house  non-concurred  and  now  sent  up  again) 
"granting  relief  to  Prince  B.  Ilall,"  which  was  rend  and  it  was  resolved 
to  concur  with  the  house  in  passing  the  same. 

The  Bill  legalizing  the  marriage  of  Betsey  Case  was  called  up  and 
then  the  "Fecw"  and  ''Nays^^  were  called  for  on  this  question,  "Shall 
we  concur  with  the  house  in  passing  this  Bill?"  and  the  following  mem- 
bers of  the  Council  were  in  the  affirmative  Viz:  Gov.  Brigham,^essr8 
Keyes,  Loomis,  Fletcher,  Wheelock,  Shepardson,  Spooner,  Shaw  and 
Butler;  and  Nays  were  Mr  Niles — so  it  was  decided  in  the  affirmative 
and  the  bill  passed. 

Received  from  the  house  an  engrossed  bill  entitled  "an  act  confirming 
the  title  of  a  Certain  piece  of  Land  to  Benjamin  Harrington,"  which  was 
read  and  ordered  to  lie. 

The  Bill  relating  to  the  sale  of  '*  Choses  in  action  "  was  called  up  and 
on  debate  ordered  to  lie  on  the  table — and  the  Council  adjourned  to  9 
OClock  to  morrow  A.  M. 


A.  M.  9  O'clock  Tuesday  Oct.  27'»>  1807. 

The  Council  met  pursuant  to  adj'- 

The  abovementioned  bill  was  called  up,  read  and  resolved  to  concur 
with  the  house  in  passing  the  same. 

Rec**  from  the  house  an  engrossed  bill  "laying  a  tax  of  two  cents  per 
acre  on  the  town  of  Pittstield"  and  ordered  to  lie. 

The  following  eng<*  Bills  were  received  from  the  house  Viz.  one 
laying  a  tax  of  two  cents  per  acre  on  the  town  [of]  Topsham,  one 
'Maying  a  tax  of  two  cents  on  the  town  of  Kelly  vale"  [Lowell.1  one 
^  laying  a  tax  of  three  cents  [per  acre]  on  the  town  of  New  Hunt- 
ington;' One  "laying  a  tax  of  three  cents  per  acre  on  the  town  of 
Plainfield;"  one  "laying  a  tax  of  two  cents  per  acre  on  the  town  of 
Enosburgh,"  which  were  severally  read  and  it  was  resolved  to  concur 
with  the  house  in  passing  the  same. 

The  petition  of  Daniel  Janes  was  called  up  and  he  was  allowed  to 
bring  in  the  following  Resolution,  Viz — 

"Whereas  Daniel  Janes  has  preferred  his  petition  to  his  Excellency 
"the  Governor  and  the  Honorable  Council,  in  which  he  states  that  he 
"was  one  of  the  Original  proprietors  of  the  town  of  Goshen  and  that  in 
'Hhe  Charter  of  said  town  by  mistake  his  name  is  written  ^'Jones^^^ 
''instead  of  "Ja«es"  by  the  Secretary;  and  now  he  prays  that  the  mistake 
''may  be  recti  6ed,  and  his  name  written  as  it  originally  should  have  been; 
"andf  whereas  the  said  Daniel  Janes  has  produced  before  His  Excellency 
"the  Governor  and  this  Honorable  Council  the  Original  list  of  the  pro- 
"prietorB'  names  to  whom  the  town  afores**  was  Granted,  which  was 


166  Governor  and  Council — October  1807. 

"drawn  up  and  Certified  by  the  former  Land  Committee,  Samuel  Safford 
"Esqr.  for  the  purpose  of  being  entered  in  said  Charter,  when  made,  and 
"also  he  has  produced  a  copy  of  the  Charter  of  said  town  of  Goshen 
"which  was  certified  by  a  former  Secretary,  and  by  him  examined  for 
"record,  in  both  of  which  his  name  is  written  "Janes,"  Both  of  which 
"papers  were  found  lodged  in  the  Secretary  of  State's  Office;  Therefore, 
"Resolved,  that  in  the  Original  Charter  afores*  and  the  record  of  the 
"same,  the  Secretary  be  directed  to  alter  said  name  of  "'Jonea^^  to  that 
"of  Janes"  and  that  the  said  Daniel  Janes  shall  enjoy  all  the  rights  and 
"privileges  as  if  no  mistake  had  been  made  and  his  name  had  always 
"been  written  "Janes"  instead  of  ''Jones.^^  Upon  which,  this  Question 
was  taken.  Viz,  "Shall  we  adopt  this  resolution,  direct  the  Secretary 
to  enter  it  at  large  on  the  Journals  of  the  Council  and  also  on  the  Book 
of  Charters?"  and  it  passed  in  the  affirmative  and  so  the  resolution  wa« 
adopted. 

Adjourned  to  2  OClock  P.  M. 

2  OClock  P.  M. — The  Council  met  pursuant  to  adjournment. 

Rec<*  from  the  house  an  enjjrossed  Bill  "laying  a  tax  of  three  cents  per 
acre  on  the  town  of  Ricliford"  which  was  read  and  it  was  resM  to  concur 
with  t\ie  house  in  passing  the  same  with  this  amendment.  Viz.  '*by 
striking  out  the  Name,  "'Caleb  Boys'^  and  insert  ''Stephen  Blazden.^'* 

Rec*^  from  the  house  the  following  engrossed  Bills;  one  "laying  a  tax  on 
the  town  of  Middlesex;  and  also  to  revive  the  same;"  also  one,  entitled 
"an  act  to  revive  &c.  an  act  laying  a  tax  on  Enosburgh  Gore" — One 
entitled  "an  act  in  addition  to  an  act  &c.  assessing  a  tax  of  five  mills  pr 
acre  on  [the]  County  of  Caledonia;"  which  were  severally  read  and  it 
was  resolved  to  concur  with  the  house  in  passing  the  same. 

Received  from  the  house  the  engrossed  Bill  "  laying  a  tax  of  three 
cents  per  acre  on  the  Town  of  Braintrce  "  ;  which  was  read,  and  it  was 
resolved  to  concur  with  the  house  in  passing  the  same  with  the  follow- 
ing amendment — that  after  the  words  '-of  the  tax"  in  the  fillh  line  from 
the  bottom  of  section  second,  read,  "'the  Committee  to  expend  one  half  the 
net  proceeds  of  said  tax  on  the  roads  leading  from  Braintree  to  Rochester 
and  Kingston''^  [Granville.] 

The  Bill  relating  to  the  sale  of  "Choses  in  Action  "  was  called  up  and 
on  motion  it  was  resolved  to  concur  with  the  house  in  passing  the  same. 

The  petition  of  Isaiah  Boynton*  was  rec'd  from  the  House  with  the 
following  order  thereon:  "  In  General  Assembly  Oct.  27'**  1S07,  read  and 
referred  to  A.  Smith,  Davis,  Butts  &  E.  Smith  to  join  Committee  from 
Council.  Attest  M.  Post  Ck" — which  was  read  and  it  was  Resolved  to 
concur  with  the  House  in  the  above  reference  and  that  Mr.  Niles  join. 

The  Bill  relating  to  a  tax  on  Sherburne  was  caird  up  and  again  or- 
dered to  lie. 

An  Engrossed  Bill  was  rec*^  laying  a  tax  of  two  cents  five  mills  on  the 
Town  of  St.  Albans,  which  was  read  and  ordered  to  lie. 

The  engrossed  Bill  "laying  a  tax  of  three  cents  per  acre  on  the  town 
of  Montgomery"  was  rec<*  and  read  and  ordered  to  lie. 

Adjourned  *till  9  OClock  tomorrow  A.  M. 


Wednesday  Oct.  28'>>  1807,  9  OClock  A.  M. 
The  Council  met  pursuant  to  adjournment. 

The  following  engrossed  bills  were  called  up,  One  "  laying  a  tax  of 
three  cents  pr  acre  on  the  town  called  Montgomery"  and  "  three  cents 


Boyington  in  the  Assembly  Journal. 


Governor  and  Council — October  1807,  167 

« 

on  the  place  called  Avery's  Gore,"  which  were  read  and  it  was  Resolved 
to  concur  with  the  house  in  passing  the  Same. 

The  Governor  and  Council  met  the  house  in  joint  Committee  in  the 
Representatives'  room  pursuant  to  the  concurrent  resolution  of  both 
houses  for  the  purpose  of  electing  Brigadier  Generals  &c.  and  after 
making  the  same  the  Governor  and  Council  returned  to  their  Chamber.* 

The  engrossed  bill  ''  laying  a  tax  of  two  cents  per  acre  on  the  Town 
•f  Winhall";  and  on  motion  it  was  resolved  to  concur  with  the  house 
in  passing  the  same  with  the  following  amendment  Viz.  by  erasing  the 
words  '"  two  cents  pr  acre  "  and  inserting  '"  three  cents  pr  acre." 

Rec**  from  the  house  the  following  engrossed  Bills:  one  entitled  "an  act 
laving  [a  tax  of]  two  cents  per  acre  on  the  town  of  Duncansborough  " 
[Sfewport;]  and  another  entitled  an  ''  act  laying  a  tax  on  the  County  of 
Grand  Isle,"  which  were  read  and  it  was  resolved  to  Concur  with  the 
house  in  passing  the  Same.  Rec**  as  before  en  engrossed  Bill  "  Direct- 
ing the  Treasurer  to  pay  the  sum  therein  mentioned,"  which  was  read 
and  on  motion  resolved  to  concur  with  the  house  in  passing  the  same. 

Rec**  from  the  house  an  engrossed  bill  "  laying  a  tax  on  the  town  of 
Sherburne,"  which  was  read  and  referred  to  Mr.  Loomis. 

Rec**  from  the  house  an  engrossed  Bill  entitled  "  an  act  authorizing 
the  Judges  of  Franklin  County  to  appoint  a  Committee  for  certain  pur- 
poses," which  was  read  and  on  motion  it  was  resolved  to  concur  with 
the  house  in  passing  the  same. 

Received  from  the  house  an  engrossed  Bill  entitled  *"  an  act  incorpo- 
rating [annexing]  Burke  tongue  so  Called  to  the  town  of  Hopkinville; 
and  incorporating  a  town  Called  Kirby,"  which  was  read  and  it  was  re- 
solved to  concur  with  the  house  in  passing  the  same. 

A  Bill  laying  a  tax  of  one  and  half  cent  per  acre  on  the  town  of  West- 
field,  which  was  read  and  referred  to  Mr.  Keyes. 

ReC*  from  the  house  an  engrossed  Bill,  entitled  #"  an  act  to  revive  an 
act  laying  a  tax  of  two  cents  per  acre  on  Kelly's  Grant  N»-  2,"  which  was 
read  and  referr^  to  Mr.  Loomis. 

Rec<*  from  the  house  an  Engrossed  bill  entitled  "an  act  laying  a  tax 
of  three  cents  pr  acre  on  the  town  of  Lincoln,"  which  was  read  and  it 
was  resolved  to  concur  with  the  house  in  passing  the  same — Also,  one, 
entitled  "  an  act  laying  a  tax  of  two  cents  pr  .icre  on  the  town  of  Ca- 
naan," which  was  read  and  it  was  Resolved  to  concur  with  the  house  in 
passing  the  same.  Also,  one,  entitled  an  "  act  directing  the  treasurer  to 
pay  the  sum  therein  mentioned,"  and  was  read  and  resolved  to  concur 
with  the  house  in  passing  the  same. 

Adjourned  to  2  O'clock  P.  M. 

2  OClock  p.  M. — The  Council  met  pursuant  to  adjournment. 

The  Bill  referr'd  to  Mr.  Loomis  laying  a  tax  of  two  cents  per  acre  on 
Kelly's  Grant  N°-  2,  the  revival  thereof,  which  was  read  and  it  was  re- 
solved to  concur  with  the  house  in  passing  the  same.  The  bill  laying  a 
tax  of  two  cents  pr  acre  on  the  town  of  Sherburn  was  read  and  it  was 
resolved  to  concur  with  the  house  in  passing  the  same. 

The  Bill  appointing  ''  a  Committee  to  lay  out  a  road  from  the  Court 
house  in  Middlebury  to  the  north  line  of  Huntsburgh  "  [Franklin,]  was 
read  and  refer'd  to  Messrs  Niles,  Chittenden  and  Butler. 


*The  following  elections  were  made  :  Caleb  Hendee  jr.  and  Hezekia'i 
Barnes,  Brigadier  Generals  ;  Joseph  Beeman  jr.  Surveyor  General  ; 
Alexander  Hutchinson  Auditor  of  Accounts  ;  Thomas  Leverett  Auditor 
in  the  Treasury  Department. 


168  Governor  and  Council — October  1807. 

The  following  engrossed  Bills  were  read:  one  "directing  the  Treas- 
urer to  pay  Thomas  Tolnian  Five  hundred  dollars,"  and  one  *'  in  amend- 
ment of  an  act  incorporatin<j  the  Passumpsick  Turnpike  Company,"  and 
it  was  resolved  to  concur  in  the  same. 

Adjourned  to  9  OClock  tomorrow  morning. 


Oct.  29  Thursday  9  O'Clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Bill  ''  laying  a  tax  of  one  [and]  half  cent  per  acre  on  the  town  of 
Westfield;"  which  was  read  and  it  was  resolved  to  concur  with  the 
house  in  passing  the  same  with  this  amendment:  "  instead  of  one  and 
half  cent  "  read  *'  three  ce?Us." 

Received  from  the  house  an  engrossed  Bill,  "  laying  a  tax  of  three 
cents  pr  acre  on  the  town  of  Iluntsburg ''  [Franklin,]  which  was  read 
and  it  was  resolved  to  concur  with  the  house  in  passing  the  same. 

Received  trom  the  house  an  engrossed  Bill  entitled  *'an  act  to  revive 
an  act  layin^a  tax  of  four  cents  pr  acre  on  the  town  of  Sheffield,  granted 
Oct.  29**»  A.  D.  1806,"  which  was  read  and  on  motion  it  was  resolved  to 
concur  with  the  house  in  passing  the  same. 

Adjd  to  2  OClock  P.  M. 

[2  OClock  P.  M.]  Received  from  the  house  an  engrossed  Bill  which 
related  to  the  Northern  Turnpike  Company;  which  was  read  and  on 
motion  resolved  to  concur  with  the  house  in  "passing  the  same. 

Received  from  the  house  an  engrossed  Bill,  "  authorizing  the  Select- 
men of  Georgia  to  deduct  the  certain  sums  therein  mentioned  from  the 
list  in  said  town  for  the  year  1807,"  which  was  read  and  on  motion  it  was 
resolved  to  ^^  non-concur '*''  with  the  house  in  passing  the  same;  and  that 
Mr.  Niles  inform  the  House  of  the  reasons,  which  were,  first,  that  the 
Listers  did  their  duty  in  twofolding,  and  2"^  that  the  selectmen  had  no 
right  to  interfere  in  their  proceedings. 

The  engrossed  Bill,  appointing  a  Committee  to  lay  out  a  road  from 
Mi«idlebury  Court  house  to  the  North  line  of  Huntsburgh,"  was  refer- 
red to  Messrs  Loomis  and  Chittenden. 

Adjourned  to  9  OClock  A.  M.  tomorrow. 


Friday  Oct.  .30»»»  1807,  9  OClock  A.  M. 

Rec**  from  the  house  an  engrossed  Bill  "  entitled  an  act  laying  a  tflx 
of  two  cents  pr  acre  on  the  town  of  Worcester;"  which  was  read  and  it 
was  resolved  to  concur  with  the  house  in  passing  the  same. 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  directing 
the  alteration  of  the  County  Roads  leading  from  the  South  line  of 
Wheelock,"  which  was  read  and  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  laying  a 
tax  of  two  cents  per  acre  on  the  town  of  Hardwicke,"  which  was  read 
and  on  motion  it  was  resolved  to  concur  with  the  house  in  passing  the 
same  into  a  law. 

The  Governor  and  Council  proceeded  to  the  representatives'  room  and 
met  the  Representatives  in  joint  Committee  for  the  purpose  of  Com- 
pleating  the  County  Nominations  and  after  accomplishing  the  same  the 
Governor  and  Council  returned  to  their  Chamber  and  proceeded  to 
business. 


Oavemor  and  Council — October  1807.  169 

• 

Beceived  from  the  General  Assembly  an  engrossed  Bill  entitled  **an 
act  to  appoint  a  committee  to  lay  out  a  road  from  the  Court  house  in 
Middlebury  in  the  County  of  Addison  to  the  north  line  of  Huntsburgh," 
which  was  read  and  on  motion  it  was  Resolved  to  non-concur  with  the 
house  in  passing  the  same  and  that  Mr  Butler  acquaint  the  house  of  As- 
sembly of  the  reasons — which  were.  !•*  Because  the  road  would  termi- 
nate in  an  uninhabited  country  which  from  the  swamps  and  morasses 
would  never  become  settled.  S"**  It  did  not  appear  that  the  towns  as 
such  had  ever  been  consulted  and  it  still  was  uncertain  whether  they 
would  approve  of  the  same;  and  3**  It  appears  to  the  Governor  and 
Council  that  all  the  towns  South  of  Onion  River  would  he  unwilling  to 
pay  the  expenses  of  the  Committee  to  lay  out  the  road. 

Adjourned  to  2  OClock  P.  M. 

2  OClock  P.  M. — The  Council  met  pursuant  to  adjournment. 

Received  from  the  General  Assembly  the  following  resolution.  Viz: 
''In  General  Assembly  Oct.  30'*»  1807,  Resolved  that  a  Commillee  from 
the  Council  be  requested  to  join  a  Committee  from  the  house  called  the 
Turnpike  Committee  [consisting]  of  Messrs  Harrington,  G.  81  one  and 
Lovelt  in  consideration  of  all  petitions  on  Turnpikes  now  before  the 
said  Committee.  Extract  from  the  Journals  Attest  M.  Post  Clerk." 
Which  was  read  and  it  was  resolved  to  concur  with  the  house  in  the 
above  resolution  and  that  Mr.  Shepardson  be  appointed  to  join  said 
Committee,  from  Council. 

Adjourned  to  9  OClock  in  the  forenoon  to  morrow  morning. 


Saturday  Oct.  31'*  1807,  9  OClock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  the  following  communication,  Viz:  ''  In  Gen- 
eral Assembly  Oct.  30***  A.  D.  1807,  Resolved  to  concur  in  the  amend- 
ments of  the  following  Bills  with  the  Governor  and  Council— Viz.  in  a 
Bill  entitled  "an  act  laying  a  tax  of  two  cents  pr  acre  in  the  town  of 
Winhall" — also  in  a  Bill  entitled  "  an  act  laying  a  tax  of  three  cents  pr 
acre  on  the  town  of  Richford  " — and  also  in  a  Bill  entitled  "an  act  lay- 
ing a  tax  of  one  and  half  cent  pr  acre  on  the  town  of  Westtield.-'  Ex- 
tract from  the  Journals,    Attest  M.  Post  Clerk." 

Received  from  the  house  the  engrossed  Bill,  entitled  *'  an  act  laying  a 
tax  of  three  cents  per  acre  on  the  town  of  Braintree  "  (which  had  been 
sent  down  to  the  house  with  proposals  of  certain  amendments  and  was 
returned  from  the  house  nonconcurred,)  which  was  read  and  it  was 
resolved  to  concur  with  the  house  in  passing  the  same  into  a  law  with 
the  following  amendment  in  addition  to  the  former  amendment  Viz.  in 
the  last  line  of  said  proposed  amendment  after  the  word  '*  Kingston," 
insert  the  word  '^  Eoxhury.'" 

Beceived  from  the  house  the  engrossed  bill  laying  a  tax  of  two  cents 
pr  acre  on  the  town  of  Pittsfield,  and  it  was  resolved  to  nonconcur  with 
the  house  in  the  same  and  that  Mr.  Keves  be  a])pointed  to  inform  the 
hoase  of  the  reasons,  which  were:  !•*  fiecause  the  inhabitants  of  said 
town  have  been  frequently  taxed  and  the  roads  are  in  tolerable  good 
repair — 2"**  Because  there  is  now  making  a  Turnpike  road  thro'  said 
town  which  will  destroy  the  necessity  of  immediate  assistance  in  re- 
pairing roads. 

The  engrossed  Bill,  was  received  from  the  house  of  Assembly,  enti- 
tled an  act  appointing  a  Committee  to  lay  out  a  road  from  Lake  Mem- 
phremagog  to  the  South  line  of  Elmore,  which  was  read  and  it  was  re- 


170  Governor  and  Council — November  1807. 

solved  to  nonconcur  with  the  house  in  passing  the  same,  and  that  Mr. 
Butler  assio^n  the  reasons  to  the  General  Assembly,  which  were — !■• 
Because  it  did  not  appear  to  the  Governor  and  Council  that  the  Inhab- 
itants in  those  towns  through  which  the  road  was  to  have  been  laid  had 
ever  been  consulted  on  the  subje<^t— 2"*  Because  it  does  not  appear  that 
the  road  would  be  of  any  public  or  private  benefit  (from  the  evidence 
adduced)  or  that  with  any  propriety  be  laid. 

Received  from  the  house  an  engrossed  Bill  entitled  an  act  "Suspending 
civil  suits  against  Phinehas  Slayton,"  which  was  read  and  on  motion  it 
was  resolved  to  concur  with  the  house  in  passing  the  same  into  a  law 
with  the  following  amendment;  namely  in  the  second  Section,  and 
second  line,  after  the  word  ''Actions^^  add  the  word  '"hereafter;'''*  and  at 
the  end  of  the  said  second  section  insert  these  words:  ^'and  all  actions  as 
aforesaid  which  are  now  depending  against  the  said  Phineas  shall  he 
continued  for  the  term  aforesaid  without  cost  of  either  party'''' — and  also  in 
the  4*^  section  and  4**»  line  from  the  bottom  after  the  words  ^"given 
Bonds^^  read,  ""to  the  amount  of  the  whole  of  his  property,^''  and  after  the 
word  '"Fers/are"  in  the  third  lin*^  in  said  Section  read  **m  trust  for  his 
creditors'''' — and  that  Mr  Wright  inform  the  house  of  the  reasons — Which 
were  that  the  act  would  operate  more  for  the  benefit  of  his  Creditors 
and  the  town  not  be  endangered  with  his  becoming  a^Charge  to  the 
Inhabitants. 

Adjourned  to  2  Oclock  in  the  afternoon. 

2  OClock  p.  M. — The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  an  engrossed  bill  entitled  an  *'act  extending 
the  time  for  recording  certain  advertisements  and  other  proceedings  in 
the  town  Clerks  office  in  the  Town  of  Philadelphia  [Chitienden  in  part] 
which  was  read  and  it  was  resolved  to  concur  with  the  house  in  passing 
the  same  with  the  following  amendments:  Viz.  in  the  eighth  line  from 
the  top  strike  out  the  words  "together  with  the  whole  of  the  proceedings 
required  to  be  recorded  in  said  office  by  the  aforesaid  act  passed  in  the  year 
1799;"  anfl  in  the  11*'»  line  erase  the  words,  "and  other  proceedings  of 
said  Collector  required  in  the  aforesaid  act,''''  and  insert  the  words, 
"together  with  a  list  of  all  the  unredeemed  lands  required  by  an  act  passed 
in  the  year  1799." 

The  Bill  entitled  an  *'act  appointing  a  committee  to  lay  out  a  County 
road  from  the  south  end  of  Lake  Memphremagog  thro'  the  County  of 
Orleans,"  which  was  nonconcurred  by  the  Council  was  sent  down  to  the 
house  with  the  reasons  and  was  again  sent  up  to  the  Council  by  Mr 
Olds,  member  of  the  house,  with  the  reasons  of  the  house  for  so  doing. 

Adjourned  to  10  OClock  next  Monday  Morning. 


Monday  Nov.  2°'»  1807, 10  Clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Rec<*  from  the  General  Assembly  the  following  communication,  Viz. 
'•  In  General  Assembly  Oct  31»*  1807,  Resolved  to  concur  with  the  Gov- 
ernor and  Council  in  their  proposed  amendment  to  the  bill  entitled  an 
act  laying  a  tax  of  three  cents  pr  acre  on  the  town  of  liraintree;  and  the 
same  has  become  a  law.     Extract  from  the  Journals     Attest    Martin 

Post  Clerk." 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  in  addi- 
tion to  an  act  appointing  a  Committee  to  lay  out  a  County  road  through 
the  County  of  Orleans,"  which  was  read  and  on  motion  resolved  to  non- 
concur with  the  house  in  passing  the  same  and  that  Mr  Loomis  be  ap- 
pointed to  inform  the  house  of  the  reasons. 


Governor  and  Council — November  1807.  171 

The  Bill  entitled  "an  act  appointing  a  Committee  to  lay  out  a  County 
road  from  the  south  end  of  Lake  Memphremagog  to  the  south  line  of 
Elmore,"  which  was  read  and  on  motion  referred  lo  Messrs  Butler  and 
Loomis  for  revision  and  amendment. 

The  Vote  taken  on  the  Bill  **extending  the  time  for  recording  certain 
advertisements  and  other  proceedings  in  the  town  Clerk's  Office  in  the 
town  of  Philadelphia,"  which  [was]  read  and  on  motion  was  Resolved  to 
be  rescinded;  and  also  was  the  Vote  taken  on  the  proposed  amendment; 
and  likewise  the  Bill,  now  restored  to  its  original  State,  was  ordered  to 
lie*on  the  table. 

Received  from  the  house  an  engrossed  Bill,  entitled  *'  an  act  in  addi- 
tion to  an  act  appointing  a  Committee  to  lay  out  a  road,"  which  was 
read  and  referred  to  Messrs  Loomis  and  Shaw. 

Received  from  the  house  an  engrossed  Bill  entitled  an  act  author- 
izing the  judges  of  Rutland  County  Court  to  purchase  a  certain  piece  of 
land  therein  mentioned,  and  it  was  Resolved  to  concur  with  the  house 
in  passing  the  same. 

Received  from  the  house  an  engrossed  Bill  entitled  **  an  act  concern- 
ing loans  in  foreign  Bills,"  which  was  read  and  it  was  ordered  to  lie  on 
the  table.    * 

Received  from  the  house  an  engrossed  Bill  entitled  *•  an  act  Granting 
a  Turnpike  road  by  the  name  of  the  Chelsea  Turnpike  Company,"  which 
was  read  and  ordered  to  lie  on  the  Table. 

Adjourned  to  two  OClock  afternoon. 

2  OClock  afternoon. — The  Council  met  pursuant  to  adjournment. 

The  Engrossed  Bill  entitled  "  an  act  Granting  a  Turnpike  road  by  the 
Name  of  tne  Chelsea  Turn[)ike  Company"  was  called  up  and  on  motion 
Referred  to  Gov.  Brigham,  Messrs  Niles  and  Wright. 

The  engrossed  Bill  entitled  **  an  act  extending  the  time  for  recording 
certain  advertisements  and  proceedings  in  the  town  Clerk's  Otfice  in  the 
town  of  Philadelphia  "  was  called  up,  read  and  ordered  to  lie  on  the 
Table. 

Received  from  the  house  of  Assembly  the  following  communication 
Viz.  **  In  General  Assembly  Nov.  2"<^  1807,  Resolved  to  concur  with  the 
Governor  and  Council  in  their  amendment  to  an  act  entitled  an  act  to 
suspend  civil  suits  against  Phinehas  Slayton  and  the  same  has  become 
a  Law.     Attest  Martin  Post  Clerk." 

The  following  resolution  was  received  from  the  House,  Viz.  "In  Gen- 
eral Assembly  November  2"'*  1807,  Resolved  that  the  Treasurer  of  this 
State  be  directed  to  pay  Samuel  Jones  the  sum  of  thirty  two  dollars,  be- 
ing his  account  against  this  State  for  his  apprehending  &c.  counterfeit- 
ers. Introduced  by  Mr.  Ilotchkiss,  read  and  referred  to  the  joint  com- 
mittee of  Claims.  Extract  from  the  Journals — Attest  M.  Post  Clerk," 
which  was  read  and  it  was  Resolved  to  concur  with  the  house  in  the 
above  reference. 

Adjourned  to  9  OClock  to  morrow  Morning. 


Woodstock  November  .3*  1807. 

Received  from  the  house  an  engrossed  Bill  entitled  *'an  act  laying  a 
tax  of  Six  cents  pr  acre  on  Harris  Gore,"  which  was  read  and  it  was 
Resolved  to  concur  with  the  house  in  passing  the  same. 

The  Petition  of  Elisha  Smith  and  others  was  received  from  the  house 
recommitted  and  ordered  the  Committee  thereon  appointed  to  join  Com- 
mittee from  the  Council,  which  was  read  and  it  was  Resolved  to  concur 


172  Governor  and  Council — November  1807. 

with  the  house  in  the  reference  and  that  Mr  Wright  join  said  Committee 
from  the  Council. 

Received  from  the  house  tlie  engrossed  Bill  entitled  *'an  act  in  addi- 
tion to  an  act  organizing  the  County  of  Grand  Isle  and  fixing  the  time 
of  holding  courts  &c."  which  was  read  and  it  was  resolved  to  concur 
with  the  house  in  passing  the  same. 

Received  from  the  house  the  following  engrossed  Bill  entitled  "an  act 
in  addition  to  an  act  establishinoj  a  State  Bank."  which  was  read  and  the 
following  amendments  were  proposed;  Viz. — in  the  first  Section  after 
the  words  Hn  the  County  of  liutland'^  insert  the  words  ''and  Benningion 
in  the  County  of  Benninytoiu^'  and  instead  of  the  words  'four  additional 
Branches^'  insert  "Jive  additional  Branches,^''  instead  of  "Eighteen  direc- 
tors^^ insert  "twenty  one,"  and  after  the  last  word  in  Sec.  3**  strike  out 
the  whole  of  the  tbllowing  proviso.  Referred  to  Messrs  Niles,  Shaw  & 
Gov.  Brigham. 

ReC*  from  the  house  an  engrossed  bill  entitled  *'an  act  providing  for 
the  liuilding  a  State  prison,"  which  was  read  and  it  was  resolved  to  con- 
cur with  the  House  in  passing  the  Same. 

Rec*^  from  the  house  the  following  bill  relating  to  the  proprietors  of 
Essex,  which  was  read  and  referred  to  Mr  Wright. 

The  engrossed  Bill  referred  to  Mr  Loomis,  entitled  *'an  act  in  addition 
to  an  act  entitled  an  act  appointing  a  Committee  to  lay  out  a  road  from 
Derby  to  Guildhall  passed  November  8*'*  1S07"  was  called  up  and  it 
was  resolved  to  concur  with  the  house  in  passing  [the  same  with]  the 
following  amendments:  Viz.  in  Section  second  in  line  the  5^  from  the 
word  "Compleated,^'  erase  the  remainder  of  the  section — and  from  the 
word  "pass''  in  the  4***  line  of  Sec.  3**  erase  out  these  words,  '^whether  the 
taxes  are  now  laid  or  hereafter  to  he  Zaid." 

Adjourned  to  2  OClock  in  the  Afternoon. 

2  OClock  P.  M.— The  Petition  of  General  Jonathan  Spaflbrd  was 
rec**  from  the  house  with  an  order  of  recommitment  and  referred  to  the 
joint  Committee  of  Suspension — which  was  read  and  it  was  Resolved  to 
concur  with  the  house  in  said  reference. 

Received  from  the  house  an  engrossed  Bill  'iaying  a  tax  of  Seven 
Mills  pr  acre  on  the  County  of  Lssex" — which  was  read  and  it  was 
resolved  to  nonconcur  with  the  house  in  passing  the  same  and  that  Mr 
Loomis  be  appointed  to  inform  the  house  of  the  reasons. 

The  Engrossed  Bill  entitled  "an  act  in  addition  to  an  act  establishing 
a  State  Bank,"  was  called  up  and  read  and  it  was  resolved  to  concur 
with  the  house  in  passing  the  same  with  the  forementioned  amendments. 

Messrs  Blodget  and  Saxe  appeared  from  the  house  in  Council  and 
petitioned  the  Gov.  &  Council  to  propose  an  amendment  to  the  bill 
relating  to  the  State  Bank  and  that  St.  Albans  might  be  included. 

Rec**  from  the  house  an  engrossed  bill  entitled  *"an  act  in  addition  to 
fln  act,  and  alteration  thereof,  entitled  an  act  for  the  purpose  of  Regu- 
lating the  suits  respecting  landed  property  and  directing  the  mode  of 
proceedings  therein,"  which  was  read  and  it  was  Resolved  to  concur 
with  the  house  in  passing  the  same. 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  directing 
the  Treasurer  of  the  County  of  Orange  to  pay  the  sum  therein  men- 
tioned," which  was  read  and  it  was  Resolved  to  concur  with  the  house 
in  passing  the  Same. 

Mr  C.  Rich  appeared  in  Council  and  returned  the  bill  entitled  "an 
act  in  addition  to  an  act  establishing  a  State  Bank,"  wliich  had  been 
sent  down  from  Council  with  proposal  of  amendment  with  this  order 
thereon:  "In  General  Assembly  Nov.  3**  1807,  read  and  resolved  to  con- 


Governor  and  Council — November  1807.  173 

cur  with  the  Governor  and  Council  in  their  first  amendments  to  this  Bill 
— Also  resolved  to  nonconcur  with  the  Governor  and  Council  in  the 
amendment  striking?  out  the  providing  Clause,  and  that  Mr  Rich  return 
the  Bill  to  the  Governor  and  Council  and  assign  the  reasons  for  I  he  same. 
Attest      Martin  Post  Clerk."     Resolved  to  rescind  from  the  last  pro- 

Sosed   amendment   to  the   last  mentioned   bill  relating  to  "the  State 
iank,''  which  was  ''  to  strike  out  the  providing  clause." 
Adjourned  to  9  O'Clock  to  Morrow  Morning. 


November  4*^  1807,  9  O'Clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  laying  a 
lax  of  one  cent  on  the  dollar  on  the  General  list,"  [state  tax,]  which  was 
read  and  Resolved  to  concur  with  the  house  in  passing  the  same. 

The  engrossed  Bill  entitled  ''an  act  directing  the  Treasurer  of  this 
State  to  pay  Eliakim  Spooner  the  sum  therein  mentioned"  was  read  and 
resolved  to  concur  with  the  house  in  passing  the  same  with  the  follow- 
ing amendment  Viz.  in  the  Sec.  1'*  in  third  line  from  Bottom  erase  the 
word  ''''Jive"'  and  insert  **  tSeveny 

Voted  to  rescind  the  vote  taken  to  rescind  from  the  last  proposal  of 
amendment  to  the  Bill  relating  to  the  Stale  Bank. 

The  following  resolution  was  introduced  by  Mr.  Niles — Resolved,  the 
General  Assembly  concurring  herein,  that  the  two  houses  meet  in  the 
representatives'  Room  for  the  purpose  of  conferring  on  the  disagreeing 
votes  of  the  two  houses  on  the  proposed  amendment  of  '*  Striking  out 
the  proviso  to  the  bill  entitled  an  act  in  addition  to  an  act  establishing 
a  State  Bank."    Ordered  that  the  Secretary  carry  the  Same  to  the  house. 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  in  addi- 
tion to  an  act  directing  the  appointment  of  Turnpike  inspectors  and  reg- 
ulating their  olBce  and  duty,*'  which  was  read  and  it  was  resolved  to 
concur  with  the  house  in  passing  the  Same  with  this  amendment.  Viz. 
"  by  Striking  out  the  whole  of  Section  third  " — and  also  Resolved,  that 
Mr.  Butler  wait  on  the  house  and  assign  the  reasons. 

The  Bill  referred  to  Mr.  Loomis  entitled  "  an  act  in  explanation  of 
and  amendment  to  an  act  entitled  an  act  to  enable  the  proprietors  of  the 
Town  of  Essex  to  divide  their  lands  into  severalty,  passed  Feby-  4*** 
1804,"  was  read  and  it  was  passed  and  sent  to  the  General  Assembly  for 
concurrence! 

Adjourned  to  2  OClock  P.  M. 

■ 

2  OCjlock  p.  M.— The  Council  met  pursuant  to  adjournment. 

The  resolution  sent  down  to  the  house  appointing  3  OClock  this  after- 
noon to  meet  in  joint  committee  for  the  purpose  of  conferring  on  disa- 
greeing votes  of  both  houses  on  a  certain  proposed  amendment  to  the 
bill  relating  to  the  State  Bank  was  returned  by  the  house  concurred. 

The  JJill  entitled  an  ''  act  laying  a  tax  of  two  cents  pr  acre  on  the 
town  of  Pittsfield,"  which  had  been  sent  down  to  the  house  nonconcur- 
red,  was  returned  from  the  bouse  for  concurrence,  and  Mr.  Eddy  ap- 
peared in  Council  from  the  house  to  assign  the  reasons. 

Received  from  the  house  an  engrossed  Bill  entitled  **an  act  in  addition 
to  an  act  entitled  an  act  appointing  State's  Attornies  and  regulating 
their  duty,"  which  was  rea<l  and  it  was  Resolved  to  concur  with  the 
house  in  passing  the  same.  The  ^bove  resolution  rescinded  and  the 
last  meotioned  Bill  referred  to  Messrs  Loomis  <&  Gov.  Brigham. 

The  Governor  and  Council,  pursuant  to  the  concurrent  resolution  of 
both  houses,  proceeded  to  the  representatives'  room  and  noiet  the  house 


174  Oovemor  and  Council — November  1807. 

in  joint  Committee  for.  the  purpose  of  Conferring  on  the  disagreeing 
voles  of  both  houses  on  the  proposed  amendment  to  the  bill  entitled 
"  an  act  in  addition  of  an  act  establishing  a  State  Bank"  — and  after 
conferring  on  the  same  the  Governor  and  Council  returned  to  their 
Chamber.* 

Adjourned  to  9  OClock  to  morrow  Morning. 


Thursday  November  5**»  9  OClock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  an  engrossed  Bill  entitled  **an  act  relating 
to  the  records  of  the  town  of  Mount-Holly,'"  which  was  read  and  it  was 
resolved  to  concur  with  the  house  in  passing  the  same. 

Received  from  the  house  an  engrossed  bill  entitled  "an  act  to  revive 
an  act  laying  a  tax  of  two  cents  per  acre  in  the  town  of  Westford," 
which  was  read  and  it  was  resolve<I  to  concur  with  the  house  in  passing 
the  same. 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  in  ad- 
dition to  and  amendment  of  an  act  entitled  an  act  regulating  and 
governing]:  the  Militia  of  this  State,"  which  was  read  and  it  was  resolved 
to  concur  with  the  house  in  passing  the  same. 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  constitu- 
ting and  appointing  aCompany  of  Cadets  in  the  Town  of  Dummerston," 
which  was  read  and  on  motion  it  was  Resolved  to  non-concur  with  the 
house  in  passing  the  same. 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  constitu- 
ting a  company  af  Artillery  in  the  town  of  Fairfield,"  which  was  read 
and  it  was  resofved  to  non-concur  with  the  house  in  passing  the  Same. 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  granting 
relief  to  Ebenczer  Mai  kham,"  which  was  read  and  it  was  resolved  to 
concur  with  the  house  in  passing  the  same. 

Received  fron)  the  house  an  engrossed  Bill  entitled  "an  act  laying  a 
tax  of  [one]  cent  per  acre  on  the  State  of  Vermont,"  [to  build  a  state 
prison.]  which  was  read  and  on  motion  it  was  Referred  to  Messrs 
Loomis  and  Niles. 

Received  from  the  House  the  foll^win^  communication — "In  General 
Assembly  November  5***  1807.  Resolved  to  concur  with  the  Governor 
and  Council  in  their  proposed  amendment  to  the  bill  entitled  "an  act  in 
addition  to  an  act  appointing  a  committee  to  lay  out  a  County  road  from 
Derbv  to  Guildhair'  and  the  Bill  has  become  a  Law.  Extract  from  the 
Journals  Attest  M.  Post  Clerk." 

Adjourned  to  2  O'Clock  P.  M. 

2  O'CLOCK  p.  M. — The  Council  met  pursuant  to  adjournment.  The 
Governor  and  Council  met  the  house  in  joint  Committee  in  the  Repre- 
sentatives' room  pursuant  to  the  concurrent  resolution  of  Both  Houses, 
for  the  purpose  of  Selecting  five  Commissioners  to  Superintend  the 
building  of  the  State  Prison;  and  after  compleating  the  same  the  Gov- 
ernor and  Council  returned  to  their  Chamber.* 


*  The  joint  committee  concurred  in  the  amendment  of  the  Council. 
The  house  had  nonconcurred  by  a  majority  of  eleven,  which  majority 
was  overruled  in  joint  committee  by  the  votes  of  the  Lieut.  Governor 
and  twelve  Councillors. 

■The  Secretary  of  the  Council  fail6d  to  enter  the  joint  resolution  on 
the  record.  Ezra  Butler,  Samuel  Shaw,  John  Cameron,  Josiah  Wright, 
and  Elihu  Luce  were  elected  commissioners. 


Governor  and  Council — November  1807.  175 

Received  from  the  House  an  eBgrossed  Bill  entitled  '*  an  act  appoint- 
ing a  Committee  for  certain  purposes  therein  mentioned,"  which  was 
read  and  it  was  Resolved  to  concur  with  the  house  in  passing  the  Same. 

Received  from  the  House  an  engrossed  Bill  entitled  *'an  act  appoint- 
ing a  Committee  to  la}'  out  a  iload  from  Stanley's  Mills  in  Greensboro' 
to  Montpelier,"  was  read  and  on  motion  it  was  resolved  to  concur  with 
the  House  in  passing  the  Same. 

On  motion,  it  was  resolved  to  rescind  from  the  last  mentioned  concur- 
rence and  that  the  Bill  on  which  it  was  taken  should  be  referred  to  Mr. 
Loomis. 

Received  from  the  House  an  engrossed  Bill  entitled  ''  an  act  directing 
the  treasurer  of  this  State  to  credit  the  town  of  Ryegate  the  sum  therein 
mentioned,"  which  was  read  and  it  was  Resolved  to  concur  with  the 
house  in  pjissing  the  same. 

Received  from  the  House  an  engrossed  Bill  entitled  "  an  act  regulat- 
ing the  service  of  Writs,"  which  was  read  and  ordered  to  lie  on  the 
Table. 

Received  from  the  house  an  engrossed  Bill  entitled  '*  an  act  laying  a 
tax  of  four  cents  pr.  acre  on  the  town  of  Newbury,"  which  was  read  and 
it  was  Resolved  to  concur  with  the  house  in  passing  the  same. 

The  Bill  entitled  "an  act  regulating  the  Service  of  Writs''  was  called 
up  and  it  was  resolved  to  concur  with  the  house  in  passing  the  Same 
with  the  following  amendment.  Viz.  "'  Sec.  ^^  and  it  is  hereby  further 
enacted,  that  the  Secretary  of  State  beand  is  hereby  directed  to  publish 
this  Act  in  all  the  Newspapers  printed  in  this  State." 

The  Bill,  establishing  a  Turnpike  Corporation  by  the  Name  of  the 
Chelsea  Turnpike  Company,"  which  had  been  referred  to  Mr.  Loomis, 
was  called  up,  read  and  it  was  Resolved  to  concur  with  the  house  in 
passing  the  same  with  the  following  amendments — Viz.  in  Sec.  4^^'  ll**" 
Line  from  the  top  after  the  word  ''  wide  "  insert  these  words:  "  and  as- 
sess such  damages  as  may  accrue  to  any  person  or  persons  thro'  whose 
lands  said  road  may  be  laid,  which  damages  shall  be  paid  by  said  Corpo- 
ration,^'' and  at  the  end  of  said  4^^  Sec.  add  the  following  proviso  "Pro- 
vided  nevertheless  tluit  if  any  person  or  persons  shall  be  dissatisfied  with 
such  recompense  or  sums  so  assessed,  he,  She  or  they,  may  by  complaint 
apply  to  any  Justice  of  the  peace  within  the  Same  County,  <ib  the  same  pro- 
cess may  be  had  and  in  the  same  way  as  is  provided  by  Law  when  persons 
are  aggrieved  when  Selectmen  in  the  several  towns  ni  this  State  lay  out  High- 
tcays  in  their  respective  towns.'^  And  further  add  to  the  end  of  the  Bill 
one  new  Section.  Viz.  ''  Sec  lo'^-  And  it  is  hereby  further  enacted  that  at 
the  expiration  of  fifty  years  from  and  after  the  completion  of  said  road  the 
same  shall  revert  to  the  Stated 

Adjourned  to  9  OClock  to  Morrow  Morning. 


Friday  Novem^  6<»»  1807,  9  OClock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  House  an  engrossed  Bill  entitled  '•'  an  act  laying  a 
tax  of  Seven  Mills  on  the  County  of  Essex"  was  again  received  from  the 
house,  which  had  been  sent  down  non-concurred  by  the  Council  to  the 
House;  it  was  read  and  on  motion  it  was  Resolved  to  concur  with  the 
house  in  passing  the  same. 

Received  from  the  house  an  engrossed  Bill  entitled  ''an  act  in  altera- 
tion of  an  act  entitled  an  act  appointing  a  Committee  to  lay  ©ut  a  road 
from  Danville  Court-house  to  the  Court  house  in  Guildhall  in  the  County 
of  Essex,"  which  was  read  and  referred  to  Mr  Loomis. 


176  Governor  and  Council —November  ISO! . 

Received  from  the  house  an  engrossed  Bill  entitled  "an  act  relating  to 
the  appointing  of  Turnpike  inspectors  and  regulating  their  office  and 
duty,"  which  had  hoeu  sent  down  to  the  house  with  proposals  of  amend- 
ment, was  now  returned  to  the  Governor  and  Council  from  the  House 
with  their  non-concurrence  with  said  proposals  of  amendment,  and  Mr 
Hutchinson  appeared  in  Council  to  assign  the  reasons;  and  the  Governor 
and  Council  rescinded  from  their  proposed  amendments  and  resolved  to 
concur  with  the  house  in  passing  the  same. 

The  Bill  entitled  *'an  act  directing  the  Treasurer  to  pay  Eliakim 
Spooner  the  sum  therein  mentioned,"  which  had  been  sent  down  to  the 
house  with  proposals  of  amendment,  was  now  returned  from  the  House 
and  the  proposed  amendments  were  not  concurred  with  and  Mr  Chara- 
berlin  appeared  in  Council  and  assigned  the  reasons  for  the  nonconcur- 
rence  of  the  House — And  it  was  Resolved  to  rescind  from  the  said 
proposals  of  amendment  and  to  concur  with  the  house  in  passing  the 
same. 

The  engrossed  Bill  relating  to  "loans  in  foreign  Bills"  was  now  called 
up  and  it  was  resolved  to  concur  with  the  house  in  passing  the  same. 

Received  from  the  House  an  engrossed  Bill  entitled  "an  act  appointing 
a  committee  to  lay  out  a  road  from  Stanly's  Mills  in  Greensboro'  to 
Monipelier,"  which  was  read  and  it  was  resolved  to  concur  with  the 
House  in  })assing  the  same  with  the  following  amendments — Viz. — in 
Sec.  2"**  2^^^  page  2^^  Line  from  the  top  after  the  word  ''reasonable'^ 
insert:  "and  such  towns  respectively  are  hereby  made  responsible  for 
such  damages  occasioned  by  laying  out  said  road  as  aforesaid" — "and  if 
any  person  owning  lands  thro'  which  said  road  may  be  laid,  shall 
think  himself  aggrieved  by  the  appraisal  of  such  damages  by  said  Com- 
mittee— or  in  case  said  Committee  shall  adjudge  that  no  damages  have 
accrued  to  such  person,  in  either  case,  the  person  so  aggrieved  may 
appeal  from  such  appraisal  to  the  next  County  Court  in  the  County 
where  the  lands  lie,  and  said  Court  are  hereby  authorized  to  hear,  try 
and  d»3termine  said  appeal  and  Issue  execution  accordingly — And  if  it 
shall  be  adjudged  by  said  Court  that  said  Committee  have  appraised 
suflicient  damages,  in  that  Case  said  Court  shall  award  costs  against  the 
person  so  applying  and  issue  execution  thereon." 

The  Bill  entitled  "an  act  appointing  a  Committee  to  lay  out  a  County 
Road  from  the  South  end  of  Lake  Memphramagog  to  the  south  line  of 
the  town  of  Elmore"  was  brought  forward  by  Mr.  Loomis  to  whom  it 
had  been  referred,  and  it  was  resolved  to  concur  with  the  House  in 
passing  the  same  with  the  following  amendments — Viz. — In  4***  Sec.  3** 
Line  after  the  word  ''paid''  erase  the  remainder  of  the  Section,  and 
insert  the  following  words,  Viz. — "By  the  several  towns  through  which 
said  road  shall  pass  out  of  a  Road  tax  which  shall  have  been  granted  on 
any  of  those  towns  or  out  ot  the  town  treasury  of  such  towns  as  the 
Selectmen  in  e.ich  town  shall  direct."  Add  also  "6'ec  5'*^*'  "Sec.  6*^ 
And  it  is  hereby  further  enacted,  that  said  Committee  shall  assess  to 
any  land  owner  or  owners  through  whose  lands  said  road  shall  be  laid 
as  aforesaid  his,  her  or  their  just  damages  and  make  order  on  the 
Selectmen  of  each  town  for  the  payment  thereof.  Provided  nevertheless, 
that  when  there  is  allowance  land  adjoining  said  land  owner  and  where 
the  old  road  adjoining  him  shall  have  become  unnecessary  in  the  opinion 
of  the  Selectmen  of  the  Town,  that  then  the  Selectmen  shall  consider 
such  allowance  land  or  old  Road  as  belonging  to  such  land  owners  to  be 
assessed  by  Such  Committee  at  its  just  value  to  compensate  in  whole  or 
in  part  for  such  road  laid  out  as  aforesaid,  and  if  such  land  owner  shall 
be  dissatisfied  with  the  sum  or  sums  so  assessed  by  said  Committee,  or 
in  case  said  Committee  shall  have  adjudged  no  damages  have  accrued  to 


Gf-ovemor  and  Council — November  1807.  177 

Buch  person,  in  either  case,  the  person  so  aggrieved  may  appeal  from 
such  appraisal  to  the  next  County  Court  in  the  County  where  such  land 
may  lie,  and  Said  Court  are  hereby  authorized  to  hear,  try  and  determine 
finally  said  appeal  and  Issue  Execution  accordingly;  and  if  it  shall  be 
adjudged  by  said  Court  that  said  Committee  have  appraised  sufficient 
damages,  in  that  case  the  said  Court  shall  award  costs  against  the  person 
so  appealing  and  issue  execution  thereon."  And  also  Kesolved  that  Mr  » 
Loomis  wait  on  the  house  and  assign  the  Reasons. 
Adjourned  to  2  OClock  Afternoon. 

2  OClock  P.  M. — The  Council  met  pursuant  to  adjournment. 

Received  from  the  House  the  engrossed  Bill  entitled  "  an  act  consti- 
tuting a  Company  of  Cadets  in  the  town  of  Dummerston,'*  which  had 
been  sent  down  to  the  house  nonconcurred  and  now  returned  to  the 
Grovernor  and  Council  fir  concurrence  and  Mr  Duncan  appeared  in 
Council  and  assiq^ned  the  reasons  of  the  House.^ 

Received  from  the  House  an  engrossed  Bill  entitled  "an  act  freeing 
the  Body  of  Gen.  .Jonathan  Spafford  from  arrest  for  the  term  of  three 
Years,"  which  was  read  and  it  was  resolved  to  concur  with  the  house  in 
passing  the  same. 

Received  from  the  House  the  following  communication — "  In  General 
Assembly  Nov.  6*^  1807,  Resolved  to  concur  with  the  Governor  and 
Council  in  their  proposed  amendment  to  the  Bill  entitled  "an  act  regu- 
lating the  service  of  Writs."  And  the  same  has  become  a  Law.  Attest 
Martin  Post  Clerk." 

Received  a  resolution  from  the  House  appointing  Committee  from  the 
House  to  join  Committee  from  the  Council  for  the  purpose  of  Distrib- 
uting the  Election  Sermons  and  the  Proclamations  for  a  public  Thanks- 
giving; which  was  read  and  it  was  Resolved  to  concur  with  the  House 
in  the  same  and  that  Mr.  Wright  join  from  the  Council  with  Mr.  Shep- 
ardson. 

The  address  to  the  President  of  the  United  States  was  received  from 
the  House  f(»r  the  concurrence  of  the  Governor  and  Council,  which  was 
read  and  it  was  resolved  to  ccmcur  with  the  House  in  passing  the  same.* 

Tlie  resolutions  of  the  House  in  relation  to  the  amendment  of  the 
Constitution  of  the  United  States  were  received  from  the  House,  and  it 
was  Resolved  to  concur  with  the  house  in  the  same  with  the  following 
amendments  Viz.  in  the  Preamble  from  the  word  "  functions"  in  the  6*** 
line  from  the  top,  erase  the  whole  of  the  paragraph  and  insert  these 
words  Viz.  "  for  any  other  cause  than  such  as  may  remove  them  upon 
impeachment,"  and"  in  7*^  line  from  the  Bottom  after  the  word  "  cases^^ 
erase  the  words  **  will  contimutlly  "  and  insert  the  word  "  may,^^  and  that 
Mr.  Niles  inform  the  house  of  the  reasons." 

Received  from  the  House  an  engrossed  Bill  entitled  "  an  act  relating 
to  the  division  of  the  Lands  of  Reading,"  which  was  read  and  referred  to 
Messrs  Niles,  Chittenden  and  Gov.  Brigham. 

Adjourned  to  9  OX^lock  to  morrow  morning. 


Saturday  Nover.  7th  9  OClock  A.  M. 
Rec*  from  the  House  an  engrossed  Bill  relating  to  the  Division  of 
Lands  in  the  town  of  Navy  [Charleston,]  which  was  read  and  referred 
to  Mr.  Niles  &  Gov.  Briirham. 


*  Probably  the  bill  was  laid  on  the  table,  as  it  came  up  subsequently. 
■  See  Appendix  F. 
'  See  Appendix  B. 
12 


178  0-ovemor  and  Council — November  1807. 

Mr.  Shaw  asked  leave  of  Absence  and  was  excused  the  remainder  of 
the  Session. 

Rec**  from  the  House  an  engrossed  bill  entitled  an  *'act  constituting 
a  Company  of  Artillery  in  the  town  of  Fairfax,''  which  was  read  and  it 
was  resolved  to  concur  with  the  House  in  passinj?  the  Same  with  the 
following  amendment  Viz— at  the  end  of  the  Bill  add  "  and  the  said 
Company  when  organized  as  aforesaid  may  from  time  to  time  as  occa- 
sion may  require,  enlist  from  exempts  only  to  fill  up  and  keep  the  said 
Company  complete." — And  Gov.  Brigham  was  appointed  to  assign  the 
reasons  to  the  House. 

The  Bill  relating  to  the  Company  of  "Cadets  in  town  of  Dummerston" 
was  again  rec**  from  the  House  and  it  was  Resolved  to  concur  with  the 
House  in  passing  the  same  with  the  following  amendments.  Namely, 
after  the  word  ''JlrsC  in  the  Seventh  line  in  the  first  Section  insert  the  woi-d 
"Volunteers,"  and  erase  the  following  words  immediately  following  Viz. 
^^Repuhlicari*- — "0/  Cadets,"''  ''and  annexed  to."  And  in  the  said  first  Sec- 
tion in  the  last  line  erase  the  word  "independanV  and  insert  the  word 
**  Volunteere,^^  And  after  the  word  ''aforesaid^^  in  the  thirteenth  line  of 
the  third  Section  erase  to  the  word  "a7<d"  in  the  third  line  from  the 
Bottom.  Add  also  to  the  last  Section  of  said  Bill  the  following  proviso 
— Viz.  "Provi«led  nevertheless  if  any  part  of  the  said  Seventh  com- 
pany shall  not  incline  to  enlist  into  said  Volunteer  Company  created  by 
this  act,  they  may  be  enacted  [forminl]  into  Such  other  Company  as 
the  Field  officers  of  said  first  R«*ginicnt  shall  direct."  Also  after  the  word 
'"Soldiers''^  in  the  third  Section  «&  3**  Line  insert  to  the  ''  Number  of 
foriyy  And  in  Section  third  Eighth  line,  erase  the  words  "0/  Cadete^ 
and  in  the  Seventh  line  of  said  Section  after  [erase]  the  words  "0/  Ca- 
dets*'* and  insert  the  word  "  Volunteer.''' 

,  Rec<*  from  the  House  an  engrossed  Bill  entitled  "  an  act  in  alteration 
of  an  act  entitled  an  act  appointing  a  Committee  to  lay  out  a  County 
Road  from  Court  House  in  Danville  [in  the  County  of  Caledonia  to 
Guildhall]  in  the  County  of  Essex,''  which  was  read  and  it  was  Resolved 
to  concur  with  the  House  in  passing  the  same,  with  the  following 
amendments.  Viz.  In  Section  Second,  5***  line,  after  the  word  "same" 
insert  the  following — "And  assess  such  damages  as  may  accrue  to  any 
person  thro'  whose  improved  lands  the  road  may  be  laid  which  damages 
shall  be  paid  by  such  town — and  said  ('ommittee  are  authorized  to  set 
over  to  such  person  any  allowance  land  or  old  road  adjoining  his  Lands 
which  shall  be  rendered  useless  at  its  true  value  in  whole  or  in  part  for  such 
damages  as  said  Committee  shall  judge  just  and  reasonable.  Provided 
nevertheless  that  if  any  person  shall  feel  himself  aggrieved  by  such  assess- 
ment or  [in]  case  no  damages  are  adjudged,  in  either  case  the  person  so 
aggrieved  may  apply  to  some  justice  of  the  peace  within  the  same  County 
and  the  same  proceedings  in  all  things  shall  be  had  as  is  provided  by 
law  in  cases  of  persons  being  aggrieved  when  selectmen  lay  out  or  alter 
Hii^hways  in  their  respective  towns." 

Rec**  from  the  House  the  Bill  "  incorporating  certain  persons  by  the 
name  of  the  Middlebury  Manufacturing  Company,"  whicn  was  read  and 
it  was  resolved  to  concur  with  the  house  in  passing  the  same. 

Mr.  Butler  on  leave  introduced  a  Bill  "relating  to  the  Winooskie 
Turnpike  Company;"  which  was  read  and  it  was  ordered  to  Lie  on  the 
table. 

Adjourned  'tUl  2  P.  M. 


Governor  and  Council — November  1807.  179 

2  OClock  p.  M. — The  Council  met  pursuant  to  adjournment 

The  last  mentioned  Bill  relating  to  the  Winooskie  Turnpike  Company 
was  called  up,  read,  ordered  to  be  ingrosscd  and  sent  to  the  General 
Assembly  for  their  concurrence. 

The  Bill  entitled  *'*'  an  act  in  addition  to  and  alteration  of  an  act  enti- 
tled an  act  constituting  the  Supreme  Court  and  County  Courts  and  de- 
fining their  Powers  and  regulating  Judicial  proceedings,^'  was  read  and 
it  was  Resolved  to  concur  with  the  House  in  passing  the  Same. 

Rec^  from  the  House  an  engrossed  Bill  entitled  *'*•  an  act  in  addition 
to  an  act  appointing  State's  Attornies;"  which  was  read  and  it  was  re- 
solved to  concur  with  the  House  in  passing  the  same. 

Rec<*  from  the  House  the  following  Resolution  Viz. — "In  General 
Assembly  Nov.  7'*^  1807,  Resolved,  the  Governor  and  Council  concur- 
ring herein,  that  Both  Houses  meet  in  the  representatives'  room,  [on 
Tuesday  next  at  ten  o'clock  in  the  forenoon]  for  the  purpose  of  adjourn- 
ing the  Legislature  without  day.  Attest  M.  Post  Clerk."  Which  was 
read  and  ordered  to  Lie. 

Rec^  from  the  House  an  ingrossed  Bill  entitled  "an  act  appointing 
Commissioners  to  set  off  the  public  Lands  in  Coventry  and  Coventry 
Grore,''  which  was  read  and  it  was  resolved  to  concur  with  the  House  in 
passing  the  Same. 

On  leave  being  obtained,  Gov.  Brigham  introduced  a  bill  entitled  "an 
act  in  addition  to  an  act  laying  a  tax  of  two  cents  pr  acre  on  the  town 
of  Sherburne,"  which  was  read  and  passed,  ordered  to  be  engrossed  and 
sent  to  the  General  Assembly  for  concurrence. 

Rec^  from  the  House  an  engrossed  Bill  entitled  an  act  appointing  a 
Committee  to  lay  out  a  road  therein  mentioned,  which  was  read  and  it 
was  resolved  to  concur  with  the  house  in  passing  the  Same. 

Rec^  from  the  House  an  engrossed  Bill  entitled  "an  act  directing  a 
Suit  to  be  brought  for  the  purpose  of  ascertaining  the  Validity  of  the 
Charter  of  Wheelock;"  which  was  read  and  it  was  resolved  to  concur 
with  the  House  in  passing  the  Same. 

Adj<^  to  9  OCIock  Monday  Morning. 


Monday,  Nov.  9"»  1807,  9  OCIock  A.  M. 
The  Council  Met  pursuant  to  adjournment. 

Mr  Robinson  [appeared]  in  the  Council  from  the  House,  and  returned 
the  Bill  relating  to  the  Winooskie  Turnpike  Company  with  proposals  of 
amendment,  which  were  read  and  it  was  resolved  to  concur  with  the 
House  in  passing  [adopting]  the  same. 

The  following  Resolution  was  introduced  on  leave  by  Mr.  Wheelock: 
Viz.  Resolved  that  his  excellency  the  Governor  be  and  he  hereby  is 
requested  to  appoint  the  Second  We'dnesday  of  April  Next  to  be  observed 
as  a  day  of  general  and  public  fasting  and  prayer  thro'  this  State.  [Read 
and  adopted.] 

Rec^  Arom  the  House  the  following  communication,  Viz.  "  In  Gen. 
Assembly  Nov.  7***  1807,  Resolved  to  concur  with  the  Gov.  and  Council 
in  their  proposed  amendments  to  the  following  Bills  Viz.  A  Bill  entitled 
*'an  act  appointing  a  Company  of  Artillery  in  the  town  of  Fairfax" — A 
Bill  entitled  "an  act  appointing  a  committee  to  lay  out  a  road  from  the 
south  east  end  of  Lake  Mcmphramagog  thro'  the  County  of  Orleans  to 
the  South  line  of  Elmore" — A  Bill  entitled  "an  act  appointing  a  Com- 
mittee to  lay  out  a  road  from  Stanley's  Mills  in  Greensboro  to  Mont- 


180  Q-ovemar  and  Council — November  1807. 

peli^r" — A  Bill  "appointing  a  Corporation  by  the  name  of  the  Chelsea 
Corporation  Turnpike'' — and  also  A  bill  entitled  "an  act  appointing  a 
Company  of  Cadets  in  the  town  of  Dummerston."  Extracts  from  the 
Journals,    Attest    M.  Post  Clerk." 

lienjamin  Swan  Esquire,  Treasurer  of  the  State  elect,  appeared  in 
Council  and  tendered  a  Bond  for  the  penal  sum  declared  by  law,  condi- 
tioned that  the  said  Benjamin  Swan  should  faithfully  execute  the  duties 
of  the  office  of  Treasurer  of  the  State  of  Vermont  for  the  year  ensuing- 
Signed  by  himself  as  principal,  Arad  Hunt,  Charles  Marsh  &  Jesse 
Williams  as  Sureties;  which  was  read  by  the  Secretary  and  it  was 
resolved  to  accept  of  the  same  and  immediately  the  Oaths  of  Office  were 
administered  to  him  by  Governor  Brigham. 

Rec'*  from  the  House  an  engrossed  bill  entitled  "an  act  in  addition  to 
an  act  establishing  a  State  Bank,"  which  was  read  and  it  was  Resol*  to 
concur  with  the  house  in  i)as8ing  the  same. 

A  Resolution  passed  the  Council  appointing  two  OClock  this  after- 
noon for  Locating  the  new  branches  of  the  State  Bank  and  also  for 
choosing  the  Directors  for  said  Bank  for  the  Year  ensuing  [in  joint 
committee  of  the  two  houses] — and  Ordered  that  the  Secretary  carry 
the  same  to  the  House  and  request  a  concurrence. 

The  Bill  relating  to  the  Division  of  Lands  of  Navy  [Charleston]  was 
called  up  and  it  was  Resolved  to  concur  with  the  house  in  passing  the 
same  with  the  following  amendments.  Viz. — after  the  word  "rigrAte"  in 
the  preamble  in  the  third  line  from  the  bottom  erase  the  whole  of  the 
following  part  of  the  Bill  and  insert  the  following  Section,  Viz. — "Sec. 
!■*•  It  is  hereby  enacted  by  the  General  Assembly  of  the  State  of  Ver- 
mont, that  the  proprietors  of  said  Navy  are  fully  authorized  and  em- 
powered, at  any  future  meeting  legally  warned  and  holden  for  that  pur- 
pose agreeably  to  the  Statute  Laws  of  this  State  regulating  proprietors' 
meetings,  to  ratify  and  confirm  the  Votes.  Surveys  and  dratlt  and  other  pro- 
ceedings of  their  meeting  holden  at  Providence  in  Rhode  Island  on  the 
Seventli  day  of  August  in  the  Year  of  our  Lord  Christ  one  thousand 
Seven  hundred  and  Ninety  four;  and  that  the  Votes*  Draft  and  other 
proceedings  so  made  at  Providence  aforesaid,  when  ratify ed  agreeably 
to  the  tenor  of  this  Act,  shall  be  considered  as  good  and  Valid  to  all 
intents  and  purposes  in  Law  as  if  the  same*  proceedings  had  been  done 
agreeably  to  the  Statute  laws  of  this  State  enabling  proprietors  to  di- 
vide their  Lands  into  Severalty." 

Adjourned  to  2  OClock  P.  M, 

2  OClock  P.  M. — The  Council  met  pursuant  to  adjournment. 

Rec**  from  the  House  the  following  communication.  Viz. — "In  Gen* 
Assem^'  Nov.  9^*»  1807.  Resolved  to  concur  with  the  Governor  and 
Council  in  their  proposed  amendment  to  the  resolution  proposing  an 
amendment  to  the  Constitution  of  the  United  States.*  Extract  from 
the  Journals,    Attest  M.  Post,  Clerk.*'. 

The  Governor  and  Council  agreeable  to  the  concurrent  Resolution  of 
both  houses  met  the  House  in  joint  Committee  in  the  Representatives' 
Room  for  the  purpose  of  designating  the  places  for  tne  additional 
branches  of  the  Vermont  State  Bank  and  also  choosing  the  Directors  of 
said  Bank  for  the  Year  ensuing;  And  after  having  compleated  the  same 
the  Governor  and  Council  returned  to  their  Chamber.* 

Adjourned  to  6  OClock  P.  M. 


*On  the  removal  of  judges  of  the  United  States  Supreme  Court  for 
other  than  impeachable  offenses.     See  Appendix  B. 
'See  Appendix  D. 


Governor  and  Council — November  1807.  181 

6  OClock  p.  M. — The  Council  Met  pursuant  to  adjournment. 

The  Bill  laying  a  tax  of  one  cent  on  each  acre  of  Land  in  the  State  of 
Vermont  for  the  purpose  of  defraying  the  expenses  of  building  the 
State  prison,  was  read  and  it  was  Resolved  to  concur  with  the  house  in 
passing  the  same  with  the  following  amendments.  Viz.  In  Sec.  7^*  line 
7***  after  the  words  ''per  annum,'^  insert  ''in  hard  money^  or  hills  of  the 
Vermont  IState"]  Bank,^''  and  in  the  11*^  line  of  said  Section  insert  the 
words  '*montc«"  "or  hills  of  the  Vermont  State  JBanA:." 

Received  from  the  house  the  bill  entitled  an  act  directing  the  Treas- 
urer of  the  State  to  pay  the  sum  therein  mentioned,  which  was  read  and 
it  was  Resolved  to  concur  with  the  house  in  passing  the  same. 

Received  from  the  House  the  bill  entitled  an  act  directing  the  treas- 
urer of  the  State  to  pay  the  sums  therein  mentioned  to  Alexander 
Hutchinson,  which  was  read  and  it  was  Resolved  to  concur  with  the 
House  in  passing  the  same. 

Received  from  the  House  the  following  communication — "  In  General 
Assembly  Nov.  9***  1807,  Resolved  to  concur  with  the  Governor  and 
Council  in  their  amendments  to  the  bill  entitled  an  act  relating  to  the 
division  of  lands  in  Navy  [Charleston;]  and  one  relating  to  the  laying 
out  a  County  road  from  Danville  Court  House  to  the  Court  House  in 
Guildhall  in  the  County  of  Essex.  Extract  from  the  Journals,  Attest 
M.  Post  Clerk." 

The  Bill  entitled  an  act  reviving  a  land  tax  on  Goshen  Gores,  Harris' 
Gore  and  Hopkinville  [Kirby,]  and  Bradley  vale  [part  of  Burke]  in  the 
County  of  Caledonia  referred  to  Gov.  Brigham  and  Mr.  Loomis. 
•  Rec*  from  the  House  a  bill  entitled  ^'an  act  for  the  relief  of  Benjamin 
StcHldart "  [Stoddard,]  which  was  read  and  it  was  Resolved  to  concur 
with  the  house  in  [passing]  the  same. 

Rec*  from  the  House  the  bill  entitled  "  an  act  in  amendment  of  an  act 
entitled  an  act  relating  to  the  proceedings  against  the  trustees  of  con- 
cealed and  absconding  Debtors,"  which  was  read  and  it  was  Resolved  to 
concur  with  the  House  in  passing  the  same. 

Rec**  from  the  House  a  bill  entitled  "  an  act  in  addition  to  an  act  enti- 
tled an  act  to  authorize  the  Supreme  Court  to  empower  Guardians  to 
sell  the  real  estate  of  Wards;"  which  was  read  and  referred  to  Messrs. 
Kiles  &  Loomis. 

Rec*^  from  the  House  the  bill  entitled  "  an  act  in  addition  to  an  act 
entitled  an  act  constituting  the  Supreme  Court  of  Judicature,"  which 
was  read  in  Council  and  it  was  Resolved  to  concur  with  the  House  in 
passing  the  same. 

Rec*  from  the  House  the  bill  entitled  ''  an  act  annexing  the  Counties 
of  Orleans  and  Essex  to  the  County  of  Caledonia  for  certain  purposes," 
which  was  read  and  it  was  Resolved  to  concur  with  the  House  in  pass- 
ing the  same. 

The  Bill  relating  to  the  organization  of  bands  of  Military  Musicians 
in  the  several  regiments  of  Militia  in  this  State,  was  read  and  referred 
to  Messrs  Wright  &  Shepardson. 

Rec^  from  the  House  the  bill  entitled  an  act  laying  a  tax  of  two  cents 
pr  acre  in  the  town  of  Hancock,  which  was  read  and  it  was  resolved  to 
concur  with  the  House  in  passing  the  same. 

Rec*^  from  the  House  the  bill  entitled  an  act  authorizing  the  adminis- 
trators of  David  Wing  Jr.  to  deed  laud  &c.  which  was  read  and  it  was 
referred  to  Messrs  Loomis  &  Butler. 

Resolved  to  concur  with  the  House  in  passing  the  bill  entitled  "an  act 
extending  the  time  for  recording  certain  advertisements  in  the  town 
Clerk's  office  in  the  town  of  Phil^elphia"  [part  of  Chittenden.] 

Rec^  from  the  House  the  Bill  entitled  "  an  act  in  addition  to  an  act 


182  Oovemor  and  Council — November  1807. 

establishing  a  State  Bank,"  which  was  read  and  Ordered  to  Lie  on  the 
table. 

Rec'  fi'om  the  House  the  Bill  entitled  an  act  granting  to  Daniel  Mer- 
riam,  Charles  Lnndon  &  Sylvester  Phelps  the  sum  of  S15,63,  which  was 
read  and  it  was  resolved  to  concur  with  the  House  in  passing  the  same. 

Adj**  to  8  OClock  A.  M.  tomorrow.' 


Tuesday,  Nov  10«»  1807,  8  OClock  A.  M. 

The  resolution  [of  the  House]  to  adjourn  on  "Tuesdaythe  10***  of 
Nove"  was  concurred  by  amending  the  same  by  inserting  •*  Wednesday" 
instead  of  ^'  tuesday^^  and  Gov.  Brigham  appointed  to  assign  the  reasons 
to  the  House. 

The  Bill  entitled  an  act  in  addition  to  an  act  entitled  an  act  to  authorize 
the  Supreme  Court  of  this  State  to  empower  Guardians  to  sell  the  real 
estate  of  their  wards,  was  read  and  it  was  Resolved  to  concur  with  the 
House  in  pasting  the  same. 

The  Bill  entitled  an  act  authorizing  the  forming  of  bands  of  Military 
Musicians  &c.  was  called  up,  read  again  and  it  was  Resolved  to  concur 
with  the  house  in  passing  the  same. 

The  Bill  entitled  ''an  act  in  addition  to  an  act  establishing  a  State 
Bank,"  was  read  and  it  was  resolved  to  concur  with  the  House  in  passing 
the  same  with  the  following  amendments — Viz.  in  Sec.  2°*  line  &^  from 
the  top  after  the  word  '*P/esiden(''  erase  the  words  '"two  hundred  and 
Mty^''  and  insert  ''^three  hundred,^''  and  that  Gov.  Brigham  wait  on  the 
House  and  assign  the  reasons. 

The  Bill  entitled  an  act  to  revive  a  land  tax  on  Goshen  Gores,  Harris 
Gore,  Hopkinville  &  Bradley  Vale  in  the  County  of  Caledonia  was  read 
and  it  was  resolved  to  concur  with  the  House  in  passing  the  same,  with 
the  following  amendments.  Viz. — Add  the  following  at  the  end  of  6ec 
!•*»  "so  far  as  it  relates  to  the  liability  of  said  Sheriff  for  said  tax.  Sec.  2** 
It  is  hereby  further  enacted  that  in  ail  cases  when  said  tax  has  been  paid 
to  said  Sheriff  on  any  Lands  which  may  hereafter  be  advertized  for  sale 
agreeable  to  this  act,  if  the  owner  of  such  lands,  by  himself  or  his  agent, 
shall  produce  to  said  collector  proper  vouchers  shewing  payment  of  said 


'  From  the  Assembly  Journal,  Nov.  9  1807  : 

Mr.  [Charles]  Rich,  on  motion  and  leave,  introduced  the  following 
resolution: 

In  General  Assembly,  Nov.  O***  1807. 

Whereas  it  becomes  the  interest  of  the  good  people  of  this  and  the 
United  States,  as  far  as  possible  to  encourage  domestic  manufactures, 
and  more  especially  when  the  peace  of  this  country  is  threatened  by  the 
nation  with  whom  we  have  the  greatest  commercial  intercourse;  and 
whereas  the  most  ready  method  of  introducing  such  manufactures  will 
be  to  take  proper  measures  to  make  them  fashionable, — Therefore, 

Jiesolved,  the  Governor  and  Council  concurring  herein,  that  it  be  rec- 
ommended to  the  Governor,  members  of  the  Council,  and  House  of 
Representatives,  to  apnear  at  the  next  session  of  the  legislature,  clothed 
in  the  manufactures  or  this  or  some  other  of  the  United  States. 

The  foregoing  resolution  being  read  was  adopted,  and  sent  to  the 
Governor  and  Council  for  concurrence. 

The  journal  of  the  House  shows  that  this  resolution  was  returned  by 
the  Council  concurred  in,  Nov.  10,  but  the  Secretary  of  the  Governor 
and  Council  failed  to  enter  in  his  record  any  action  on  the  subject 


Governor  and  Council — November  1807.  183 

tax  in  whole  or  in  part  to  said  Sheriff  previous  to  his  absconding,  of  any 
right  or  lot  of  land  in  said  County  so  advertized  as  aforesaid,  the  collector 
shall  credit  the  same  to  such  Land  owner  on  his  rate  bill  free  from  ex- 
pence,  and  such  land  shall  not  be  sold,  and  said  Collector  shall  execute  to 
such  Laud  owner  or  his  agent  a  receipt  in  full  for  such  tax  so  shewn  to  have 
been  paid  as  aforesaid,  and  in  all  cases  where  vouchers  shall  [be  pro- 
duced] shewing  payment  aforesaid,  the  same  shall  be  credited  to  said 
Collector  by  the  treasurer  of  naid  County." 
Adj*  to  2  OClock  P.  M. 

2  OClock  P.  M. — Mr  Niles  introduced  a  bill  entitled  an  act  incorpo- 
rating the  Bradford  Manufacturing  Company,  which  was  read,  passed 
and  sent  to  the  General  Assembly  for  concurrence. 

The  Bill  entitled  "an  act  layins^  a  tax  of  one  cent  on  each  acre  of 
Land  in  the  State  of  Vermont  for  the  purpose  of  building  a  State  prison," 
which  had  been  returned  with  certain  proposals  of  amendment  [to  the 
house,]  was  now  again  sent  up  from  the  house  to  Council  with  informa- 
tion that  the  house  had  concurred  with  the  two  first  proposed  amend- 
ments and  had  non-concurred  with  the  last;  and  Mr  Olin  appeared  in 
Council  and  assigned  the  reasons  of  the  house.  The  above  bill  on  mo- 
tion was  referred  to  Gov.  Brigham  &  Mr.  Wright. 

The  Bill  entitled  *'an  act  providing  for  the  inspection  of  Lumber"  was 
read  &  referred  to  Mr.  Loomis  &  Gov.  Brigham. 

The  Bill  entitled  "an  act  in  addition  to  an  act  establishing  a  Stale 
BankJ^  lately  sent  down  to  the  house  with  proposals  of  amendment,  was 
DOW  returned  non-concurred,  and  on  motion  Resolved  that  the  Council 
rescind  Iheir  vote  for  amendments  aforesaid  and  that  they  concur  with 
the  house  in  passing  the  ori^^inal  bill. 

Rec^  from  the  House  the  Bill  entitled  ''an  act  in  addition  to  an  act  es- 
tablishing a  Grammar  School  in  Norwich  in  the  County  of  Windsor," 
which  was  read  and  it  was  Resolved  to  concur  with  the  house  in  pas- 
sing the  same. 

Rec*'  from  the  house  the  Bill  entitled  '"  an  act  establishing  a  Grammar 
School  in  Royal  ton,"  which  was  read  and  it  was  Resolved  to  concur  with 
the  House  in  passing  the  same. 

Rec^  Information  that  the  House  had  concurred  in  the  proposed 
amendment  to  the  resolution  for  adjourning  the  house  without  aay — and 
also  in  the  bill  entitled  an  act  laying  a  tax  of  two  c^nts  pr  acre  on  the 
town  of  Sherburne. 

Rec^  from  the  House  the  bill  entitled  an  act  in  addition  to  an  act  enti- 
tled an  act  regulating  fees  and  to  repeal  certain  acts  therein  mentioned, 
which  was  read  and  it  was  Resolved  to  concur  with  the  house  in  passing 
the  same. 

Rec*^  from  the  House  the  Bill  entitled  ''  an  act  in  addition  to  and  alter- 
ation of  an  act  entitled  an  act  regulating  fees,  and  also  to  repeal  a  cer- 
tain act  therein  mentioned,"  which  was  read  and  it  was  resolved  to  con- 
cur with  the  house  in  passing  the  same. 

Received  from  the  House  the  bill  entitled  "  an  act  to  punish  undue 
combinations.  Speculations  and  undue  practices  among  Attornies  and 
pettifoggers,"  which  was  read  and  it  was  resolved  to  concur  with  the 
House  in  passing  the  same. 

Adjourned  to  9  OCclock  to  morrow  A.  M. 


Nov.  11*»».  9  OClock  A.  M. 
The  Gov.  iSk  Council  met  Pursuant  to  adjournment. 
The  following  resolution  was  introduced  into  Council — "  Resolved, 
the  General  Assembly  concurring  herein,  that  both  Houses  meet  in  the 


184 


Qovemur  and  Council — Novtmber  1807. 


received  from  the  Himie,  sent  up 
ipowilB  of  amendment;  Viz.— one 
II  [if  JHiids  in  the  town  of  Reading;" 
surer  lo  pay  the  sum  therein  men- 
resolved  to  concur  wit))  the  house 


representatives'  room  at  10  OCiock  A.  M.  this  day  for  the  purpose  of  ip- 
uoititing  a  High  Bailiff  for  the  Ciiunty  of  Windham  iti  the  loora  of 
Joseph  Ellis  resigned  "—[which  was  read  and  adopted.] 

The  bill  euiitled  an  act  laying  a  tax  of  one  cent  on  each  acre  of  land 
in  the  Slate  of  Vermont  was  called  up  aud  again  read  and  it  was  Be- 
solved  to  concur  with  the  House  in  passing  the  same  with  sundry 
amendments. 

The  fullowing  engrossed  bills  w 
for  revision  aud  coucurrcuce  or 
entitled  "an  act  relating  to  the  divi 
one  entitled  "an  act  directing  the  ti 
tioned  " — which  were  read  and  it  w 
in  passing  the  same. 

Received  from  the  House  this  resolution:  ■■  Resolved  that  the  Judges 
of  the  Supreme  Court  be  appointed  to  inspect  the  several  branches  of 
the  Vermont  Slate  llank"  &c.  which  was  read  and  it  was  resolved  to 
concur  with  the  House  in  jiasfing  the  same. 

The  ibllowing  resolution  was  introduced  into  Council— Viz.  "Resolved, 
the  General  Assembly  concurring  Herein,  that  all  the  unflnii'hed  busi- 
ness be  referred  to  the  next  Session  of  ihe  Legislature;"  which  passed 
and  was  sent  down  to  the  Hiiuse  for  concurrence. 

The  Secretary  read  the  debenture  of  the  Gov.  A  Council,  and  [it]  was 
agreed  to  as  follows: 


Ilia  Honor  Paul  Hriglisui  U.Gav 

Houl  Jonas  (IuIiihIib..... 

.."..Xoiih  t'hilteaden 

..".  .Ileriuh  Looiuis 

.."..KaUinulel  Xiles 

.."..Aiiai)l>  neteber. 

.."...TomsU  WriBht 

.  ."..Ebcuczer  Whselork 

..''.. ihiiuuel  Stiepnnlmin 

.."..ElUkim  Spoouer 

.,"..£iia  liuller 

. .".  .Samnel  Slinw. 

..'■..William  Fn»e  Jr.  (IXtb.  avSttj-)... 

..".  R.  C.  Miillnry  Secy- 

..'"..  W.  SCnini;  Siicriff 


I    I 


a:;  50 
41) -w 

S::|5(i 

G'J.SO 

Sl'BO 
Ki.10 
M50 


in\sa 

BITS 
.Vi  70 


Rec''  trim)  Ihe  House  the  resolution  of  Council  for  referring  the 
unfinished  business  to  the  next  Session  of  the  Legislature  with  the 
following  order  of  the  Huuse  upon  the  same— "In  General  Assembly 
Nov.  ll""  1607.  Hcsolvi'd  to  concur  with  the  Governor  and  Council  in 
the  abiive  resolution  with  Ihe  following  amendment.  Viz.  in  3^  line 
[insert]  "exccptiiig  the  act  in  addition  to  an  act  relating  tu  road  taxes 
and  thi'  liill  making  appropriations  for  the  sup|Hirt  of  gorernmcni." 
Attest  M.  Post  Clerk.''  Which  was  read  and  it  was  rcMilved  to  concur 
with  Ihe  House  in  their  proposi^d  aniendnietil. 

Rec*  the  concurrences  of  tl)e  House  in  these  bills,  Vin.— one  "  incorpo- 
rating Bradford  Manufactoring  Con)paiiy" — one  "to  revive  a  Land  Tax 


Governor  and  Council — November  1807.  185 

on  Groshen  Gores,  Harris  Gore,  Hopkinville  &  Bradly  Vale  in  the 
County  of  Caledonia"— one  ^Maying  a  tax  of  two  cents  on  the  acre  in  the 
town  of  Sherburne"— one  *'in  the  resolution  for  adjourning  the  Legisla- 
ture without  day"  and  one  "  to  the  bill  entitled  an  act  laying  a  tax  of 
one  cent  on  each  acre  of  land  in  the  State  of  Vermont." 

An  engrossed  Bill  was  sent  up  from  the  House  for  concurrence  or 
proposals  of  amendment  by  the  Council  entitled  ^'  an  act  in  addition  to 
an  act  regulating  the  disposition  of  monies  raised  by  tax  on  lands  in 
towns  tor  the  purpose  of  making  and  repairing  roads  and  building 
bridges,"  was  read  and  it  was  resolved  to  concur  with  the  House  in  pass- 
ing the  same. 

The  resolution  [bill]  for  making  ''appropriations  for  the  support  of 
Government  the  present  session"  and  for  laying  over  the  unfinished 
business  (being  returned  from  the  house  with  proposals  of  amendments) 
were  read  and  it  was  Resolved  to  concur  with  the  House  in  passing  the 
same. 

Pursuant  to  the  concurrent  resolution  of  both  Houses,  the  Governor 
and  Council  proceeded  to  the  Representatives'  room  and  in  presence  of 
both  branches  of  the  Legislature  the  Reverend  Elder  Green  addressed 
the  throne  of  Grace  in  prayer,  and  William  Strong  Esquire  Sherif!*  of 
Windsor  ^^Jounty  adjourned  the  Legislature  without  Day. 

A  true  Journal.  Attest,        Rollin  C.  Mallary  Secretary, 


THIRTY-SECOND   COUNCIL 


OCTOBER  1808  TO  OCTOBER  1809. 


Isaac  Tichenor,  Bennington,  Oovemor, 
Paul  Brigham,  Norwich,  Lieut.  Governor, 

Councillors: 


Samuel  Fletcher,  Townshend, 
Solomon  Miller.  Williaton, 
NoAU  Chittenden,  Jericho, 
Elias  Keyes,  Stockhridge, 
Chauncey  Langdon,  Castleton, 
Daniel  Chipman,  Middlehury, 


Zehah  Willoughby,  Fletcher, 
Asa  Lyon,  South  Hero, 
Reuben  Hatch,  Tunbridge,* 
Jed'h  p.  Buckingham,  Thetford, 
Daniel  Dana,  Guildhall, 
John  Ellsworth,  Greensboro'. 

RoLLiN  C.  Mallary,  Castleton,  Secretary  until  Oct.  14. 
William  Page,  Jr.,  Secretary  from  Oct.  14. 
Joseph  Armington,  Sheriff. 


BIOGRAPHICAL  NOTICES. 

* 

Owing  to  considerable  dissatisfaction  as  to  the  expenditure  for  the 
State  Prison,  and  more  as  to  the  embargo  and  military  orders  connected 
therewith,  the  election  of  1S08  resulted  in  a  political  revolution.  Gov. 
Tichenor  being  restored  to  office,  and  a  Council  elected  of  whose  mem- 
bers two  thirds  sat  for  the  first  time  in  that  body. 

Chauncey  Langdon.  graduated  at  Yale  College  in  1787,  must  have 
come  shortly  afterwards  to  Castleton,  Vermont,  as  he  was  Register  of 
Probate  in  1792.  and  practicing  in  Rutland  County  Court  in  1794.  He 
was  Register  for  five  years,  and  Judge  of  Probate  in  1798  and  1799.  He 
represented  Castleton  in  the  General  Assembly  in  1813  and  '14,  1817, 
1819,  1820,  and  1822  ;  and  was  Councillor  in  1808,  and  1823  until  his 
death  in  1830.  He  was  one  of  the  Federal  members  of  Congress,  1816 
to  March  1817.     His  character  and  talents  entitled  him  to  high  respect. 


^  The  Washingtonian  placed  Mr.  Hatch  in  Norwich  in  1810. 


Biographical  Notices.  187 

ftod  were  it  not  that  his  zeal  as  a  partizan  kept  him  for  several  years  with 
the  minority  of  the  freemen  of  his  town,  a  majority  of  whom  followed 
such  Jeffersonian  leaders  as  Isaac  Clark  and  Samuel  Shaw,  he  would 
have  been  much  more  employed  in  public  service.  The  editor  of  this 
volume  remembers  him  as  one  of  the  most  venerable  and  dignified 
among  the  Councillors  of  1829.  He  was  first  Vice  President  of  the  Vt. 
Bible  Society  at  the  time  of  his  death.— Lanman's  Dictionary  of  Congress; 
and  Deming's  Catalogue. 

Daniel  Chipman,  LL.D.,  was  born  in  Salisbury,  Conn.,  Oct.  22  1765, 
and  graduated  at  Dartmouth  College  in  1788.  He  removed  with  his 
father  to  Tin  mouth  in  1775,  and  labored  on  a  farm  until  1783.  Pursuing 
a  classical  course  for  five  years,  he  studied  law  with  his  brother  Judge 
Nathaniel  Chipman,  and  on  his  admission  to  the  bar  commenced  prac- 
tice at  Rutland.  In  1794  he  removed  to  Middlebury,  aud  there  he  spent 
the  best  part  of  his  professional  life,  becomiug  distinguished  in  his  pro- 
fession and  in  literature.  He  was  admitted  to  the  American  Academy 
in  1812.  and  was  law  i)rofessor  in  Middlebury  College  from  1806  to  1816, 
being  succeeded  in  that  office  by  Judge  Nathaniel  Chipman.  His  legis- 
lative service  commenced  in  1798,  as  Representative  of  Middlebury  in 
the  General  Assembly,  which  office  he  held  for  eleven  years,  ending  in 
the  year  1821-2,  and  in  1813  and  '14  he  was  Speaker  of  the  House.  He 
was  elected  Representative  in  1808.  and  also  Councillor,  and  entered  the 
Council  on  the  second  day  of  the  session,  and  served  one  year  only. 
He  was  one  of  the  three  Federal  Councillors  of  that  year  who  served  in 
Congress  1815  to  March  1817.  He  was  Stale's  Attorney  for  Addison 
County  1797  until  1817,  and  Delegate  in  Constitutional  Conventions  as 
follows  :  for  Rutland  in  1793,  Middlebury  in  1814,  aud  Ripton  in  1836, 
^43,  and  '50.  He  took  an  active  part  in  the  Convention  of  1843,  and  though 
he  was  in  his  seventy-eighth  year,  the  editor  of  this  volume  can  attest 
that  he  was  prompt,  vigorous,  and  eloquent  in  debate,  and  genial  and 
communicative  in  conversation.  It  was  the  fortune  of  the  editor  to  hear 
John  Quincy  Adams  in  debate  when  he  was  in  his  seventy-third  year 
and  fully  maintainiug  his  title  to  the  name  of  the  '"old  man  eloquent/' 
In  person  and  intellectual  qualities,  Mr.  Chipman  strongly  resembled 
Mr.  Adams,  and  with  equal  advantages  in  culture  and  experience  in 
lofty  statesmanship,  Mr.  Chipman  certainly  would  have  won  high  repute 
in  the  nation.  "He  was  the  youngest  of  seven  brothers,  all  highly 
distinguished  men."  His  published  writings  are  an  Essay  on  the  Law 
of  Contracts,  1822  ;  Reports  of  the  Supreme  Court  of  Vermont,  1789- 
1625,  published  in  1835  ;  Life  of  Nathaniel  Chipman,  1846  ;  Memoir  of 
Seth  Warner,  1848  ;  and  Memoir  of  Thomas  Chittenden,  1840.  He  died 
April  23  1850,  from  disease  incurred  in  attending  the  Constitutional 
Convention  of  that  year. — Drake's  Dictionary  of  American  Biography; 
Deming's  Catalogue;  and  Vermont  Watchman  and  State  Journal,  Jan. 
1843,  and  May  1850. 


188  Biographical  Notices, 

Zerah  Willoughby  represented  Fletcher  in  the  General  Assembly 
in  1818,  '20,  '22,  and  '23,  and  in  the  Constitutional  Convention  of  1822. 
He  was  Assistant  Judge  of  Franklin  County  1801  until  1806, 1813,  '14, 
1818  until  1821,  1822  and  '3,  and  Chief  Judge  1824  and  '5.  He  was 
Councillor  in  1808  and  1814.  He  was  a  farmer  and  merchant — Vt 
Historical  Magazine;  and  Deming's  Catalogue, 

Rev.  Asa  Lyon  was  born  in  Ponifret,  Conn.,  Dec.  31  1763,  graduated 
at  Dartmouth  College  in  1790,  and  pastor  of  the  Congregational  church 
at  Sunderland,  Mass.,  from  Oct.  4  1792  to  Sept.  23  1793.  He  organized 
the  Congregational  church  in  South  Hero,*  in  conjunction  with  Grand 
Islfi,  in  1795,  and  was  its  first  minister,  though  he  never  was  installed 
but  was  elected  by  the  members — Drakk  says,  from  Dec.  21  1802  to 
March  15  1840.  After  a  few  years,  a  difficulty  arose  as  to  his  support, 
when  he  declared  that  his  pastoral  services  should  be  gratuitous.  Be- 
ginning with  a  valuable  farm  and  living  in  the  most  frugal  fashion,  he 
became  the  wealthiest  man  on  the  islands,  without  the  aid  of  a  salary. 
He  represented  South  Hero  in  the  General  Assembly  1799  until  1803, 
1804  until  1807,  and  1808  for  a  few  days  till  he  entered  the  Council,  in 
which  he  served  one  year.  He  represented  Grand  Isle  1812  uatil  1816, 
when  he  was  elected  to  Congress  and  served  1816  to  March  1817 — being 
the  third  of  the  Federal  Councillors  in  1808  who  served  in  the  same 
Congress.  He  was  Chief  Judge  of  Grand  Isle  County  Court  in  1805,  '6, 
'8,  and  '13.  Rev.  Simeon  Pakmalek  gave  a  very  interesting  sketch  of 
Mr.  Lyon,  in  the  second  volume  of  the  Vt.  Historical  Magazine^  article 
*'  Grand  Isle,"  in  which  he  wrote  that 

He  was  a  great  man  in  stature  and  in  powers  of  mind.  He  had  a 
dark  complexion,  coarse  features,  powerful  build,  more  than  six  feet  in 
height,  large  boned,  giant-framed,  and  a  little  stooping.  *  *  It  never 
could  be  said  that  the  people  of  the  Island  were  deprived  of  the  gospel. 
Kor  was  it  a  shammy  man-made  gospel  that  Mr.  Lyon  proclaimea  to 
them,  for  which  they  gave  him  nothing,  but  an  able  and  faithful  exhibi- 
tion of  gospel  truth — clear  as  the  sun  in  its  meridian  strength.  Nor 
was  he  unappreciated  as  a  man  of  power  and  an  able  vindicator  of  the 
truths  of  the  gospel,  by  his  people.  His  friends  ^bought  him  not  only  a 
great  man,  but  a  good  man.  1  ou  could  offend  his  people  in  no  way  any 
quicker  than  to  speak  reproachfully  of  Mr.  Lyon.  Still  they  knew  he 
had  faults,  and  they  saw  them,  yet  he  had  his  good  traits,  and  his  people 
saw  them  also,  and  loved  him  and  judged  him  with  charity.    *    *    He 


*  The  three  present  towns  of  Grand  Isle,  North  Hero,  and  South  Hero 
originally  formed  one  town  named  the  Two  Heroes.  Oct  27  1788,  the 
islands  were  divided  into  two  towns  which  were  known  as  North  Hero 
and  South  Hero,  and  were  called  by  these  names  by  Ira  Allen  in  1781. 
Nov.  7  1798,  South  Hero  was  made  two  towns  named  Middle  Hero  and 
South  Hero,  and  Nov.  5  1810,  the  name  of  Middle  Hero  was  changed  to 
Qrand  Isle.  Lyon's  farm,  it  has  been  stated  by  Rev.  S.  Parmalee,  was 
on  the  North  Hero. 


Biographical  Notices.  189 

was  a  diviDe,  a  philosopher,  and  a  reasoner  and  a  scholar  in  almost 
every  sense  of  the  word.  He  wa«  truly  learned  on  all  subjects:  even  a 
literary  encyclopedia  himself.  He  was  eloquent  in  extemporaneous 
discussions. 

The  editor  of  the  Hisioiical  Magazine  adds: 

He  was  no  saint  Lyon,  as  the  enthusiast  pencil  may  overnaint,  "  with 
no  spot  nor  wrinkle  nor  any  such  thing;''  but  ho  was* honored  in  the  na- 
tion and  worshipped  in  his  own  pulpit.  Said  the  late  Hon.  Charles 
Adams  of  Burlington,  *'  There  have  been  two  men  in  this  State,  whose 
intellect  towered  above  all  others,  one  Nat.  Chipman  of  Tinmouth.  the 
other  Asa  Lyon  of  Grand  Isle/' 

"  He  died,"  said  Mr.  Parmalee,  "  as  he  had  lived,  like  a  pliilosopher 
and  a  Christian."  His  death  occurred  April  4  1841,  in  his  78th  year. 
See  portrait  in  VU  Hist.  Mag,  Vol.  ii. — Drake's  Dictionary  of  American 
Biography;  Deming's  Catalogue;  and  Vt.  Historical  Magazine,  Vol.  ii. 

Reuben  Hatch  represented  Tunbridge  in  the  General  Assembly  in 
1792,  'dS,  and  '95;  and  he  was  a  Councillor  one  year. — Deming's  Cata- 
logue. 

Jedediah  p.  Buckingham  was  graduated  at  Dartmouth  College  in 
1779  and  came  to  Thetford  in  1781  as  an  attorney,  and  there  resided  until 
his  death.  Sept  1,  1840.  He  was  an  abl')  man  in  his  profession.  He 
represented  Thetford^in  the  General  Assembly  1800.  1804,  and  1805; 
was  Councillor  one  year ;  Chief  Judge  of  Orange  County  Court  from 
1799  until  1806,  and  1813  until  1816.— F«.  Historical  Magazine,  Vol.  ii; 
ftnd  Deming's  Catalogue. 

Deacon  Danikl  Dana  came  to  Guildhall  from  Connecticut,  [proba- 
bly one  of  the  Pomfret  family,]  as  an  attorney,  and  representod  the 
town  in  the  General  Assembly  1800  until  1807,  and  1808  till  he  entered 
the  Council.  He  was  a  Councillor  in  1813  and  '14;  Chief  Judge  of  Essex 
County  Court  1800  until  1808,  and  1809,  13  and  '14;  and  Judge  of  Pro- 
bate 1801  until  1809,  and  1813  and  '14.  He  removed  to  New  York,  and 
the  editor,  Charles  A.  Dana  of  New  York  city,  is  his  grandson. —  Vt. 
Historical  Magazine,  Vol.  i,  article  "  Guildhall  ;''  and  Deming's  Qat- 
alogue. 

John  Ellsworth  represented  Greensborough  in  the  General  As- 
sembly in  1799  and  1806.  He  was  Clerk  of  Orleans  County  Court  1803 
antil  1814,  and  served  in  the  Council  one  year. — Deming's  Catalogue. 


RECORD  OP  THE  GOVERNOR  AND  COUNCIL 

AT  THE 

SESSION  WITH  THE   GENERAL  ASSEMBLY  AT  MONTPE- 

LIER,  OCTOBER  1808. 


A  Journal  of  the  Proceedings  of  the  Governor  and  Council  of  the 
State  of  Vermont,  at  their  Seasion  begun  &  holden  at  Montpelier.  within 
&  for  said  State,  on  the  thirteenth  day  of  October,  being  the  second 
Thursday  of  said  Month,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  &  eight,  and  of  the  Independence  of  tlie  United  States  the 
Thirty  third,  on  which  day  the  General  Assembly  were  convened,  pur- 
suant to  the  laws  and  Constitution  of  this  State/  Present,  His  Honor 
Paul  Brighara  Esq'"-  L*-  Governor;  of  the  Council,  The  Hon"«  Beriah 
Loomis,  Noah  Chittenden,  Ebenezer  Wheelock,  Nathaniel  Niles,  Elias 
Keyes,  Samuel  Shaw,  Josiah  Wrijjht,  Samuel  Shepardson,  Ezra  Butler, 
and  Asaph  Fletcher  Esquires.  Rollin  C.  Mallary  Secretary.  Joseph 
Armington  Sheriflf  of  Caledonia  County.  Mr.  Dan^*  Chipman  appeared 
in  Council  from  the  House  of  Representatives,  and  informed  that  thev 
had  formed  a  quorum,  and  were  ready  to  proceed  to  business.  Ordered, 
That  the  Secretary  inform  the  General  Assembly  that  a  quorum  of  the 
Council  were  convened,  and  ready  to  proceed  to  business. 

A  resolution  was  received  from  the  House  of  Representatives  appoint- 
ing a  Committee,  to  receive,  sort,  and  count  the  votes  for  Governor, 
Lieutenant  Governor,  Treasurer  and  Councillors  for  the  year  ensuiug, 
which  was  read,  and.  Resolved,  To  concur  with  the  house  in  passing  the 
same.  Councillors  chosen.  Mess'-  Shaw,  Wright,  Chittenden,  Keves, 
Wheelock,  Shepardson  &  Loomis,  and  they  were  sworn  to  the  faithful 
execution  of  their  trust. 

Adjourned  to  4  o'clock  P.  M.' 

'  The  usual  religious  services  followed  the  adjournment,  the  election 
sermon  by  Rev.  Tilton  Eastman.  Of  course  the  first  meeting  of  the 
Legislature  at  Montpelier  was  honored  by  all  the  ceremonies  and  cour- 
tesies, civil  and  military,  that  were  possible.  Daniel  P.  Thompson 
gave  an  account  of  them  in  his  History  of  Montpetiir,  but  unfortunately 
that  was  in  fact  a  description  of  the  "'  election  day"  of  1809.  In  1808 
escort  duty  was  performed  by  United  States  troops,  under  the  command 
of  Colonel  Larned  Lamb  of  Montpelier,  who  at  that  time  had  received  a 
commission  in  the  U.  S.  Army  and  raised  a  company.  A  large  number 
of  people  attended  to  witness  tlie  opening  of  the  Legislature  and  the 
proclamation  of  the  state  officers,  and  but  a  very  smiall  part  of  them 
could  gain  admission  to  the  house.  Col.  Lamb^s  company  had  filed  in 
after  the  representatives  and  occupied  the  back  seats  of  the  hall  of  the 
house,  when  Mr.  William  Templeton  objected  strongly  to  the  presence 
of  United  States  troops  to  the  exclusion  of  the  freemen  of  the  State,  and 
especially  of  those  who  had  contributed  for  the  building  of  the  State 
House.  He  was  clamorously  seconded,  and  the  troops  were  ordered  to 
withdraw  from  the  hall.  The  editor  is  indebted  for  these  statements  to 
a  gentleman  who  was  present,  the  Hon.  Daniel  Baldwin  of  Montpelier. 


Governor  and  Council — October  1808.  191 

4  o'clock  p.  M. — Mr.  Griswold  appeared  in  (founcil  Chamber,  and 
informed  that  the  General  Aftsembly  were  convened  in  the  Representa- 
tives' room,  and  were  ready  to  meet  the  L*-  Governor  &  Council  in 
Joint  Committee  for  the  purpose  of  hearing  the  report  of  the  Commit- 
tee of  both  Houses,  appointed  to  receive,  sort  &  count  the  Votes  for 
Governor,  L*-  Governor,  Treasurer  &  Councillors  for  the  year  ensuing. 
The  1>  Governor  and  Council  immediately  repaired  to  the  Representa- 
tives' room,  and  the  foUowinjr  report  was  read,  viz.  "  That  his  Excel- 
lency Isaac  Tichenor  Esquire  is  Elected  Governor,  His  Honor  Paul 
Brigham  Esquire  L*-  Governor,  Benjamin  Swan  Esq'"-  Treasurer,  and  the 
Hon"*  Elias  Keyes,  Chauncey  Langdon,  Daniel  Chipman,  Solomon  Mil- 
ler, Zerah  Willoby,  Asa  Lyon,  Samuel  Fletcher,  Reuben  Hatch,  Jede- 
diah  P.  Buckingham,  Daniel  Dana,  John  Elsworth  and  Noah  Chitten- 
den, are  duly  Elected  Councillors  for  the  year  ensuing,  all  which  is 
respectfully  s\ibmitted.  Samuel  SHAW,/or  Com*** 

The  L*'  Governor  &  Council  returned  to  their  Chamber  and  ad- 
journed untill  9  o'clocic  Tomorrow  morning. 


Friday  October  \4^*  9  o'clock  A.  M. 

The  Council  met  pursuant  to  adjournment.  Present,  His  Honor  Paul 
Brigham  Esq'-  J>  Governor,  The  Hon^*-  Elias  Keyes  and  Noah  Chitten- 
den Esq"-  Councillors.  The  Hon"*  Chauncey  Langdon,  Daniel  Chi|>- 
man,  Asa  Lyon,  Zerah  Willoby  [Willoughby,]  Reuben  Hatch,  Daniel 
Dana  and  John  Elsworth  Esquires,  elected  Councillors  for  the  year  en- 
suing, appeared  in  the  Council  Chamber,  and  were  sworL  into  office  by 
his  Honor  the  L*-  Governor. 

A  Resolution  was  received  from  the  house,  appointing  a  Committee 
to  wait  on  his  Excellency  Iftaiic  Tichenor  Esquire,  and  inform  him  of  his 
appointment  of  Governor,  for  the  year  ensuing,  <&  being  read.  Resolved, 
To  concur  therein,  and  Ordered  that  M'-  Chipman  join  said  Committee. 
Ordered,  That  the  Secretary  return  said  resolution  to  the  house. 


■The  votes  for  governor  were  as  follows,  as  appears  from  the  Vermont 
Centintl  [Burlington]  of  Oct.  21  1808: 

Couniie*.                                               Tichenor.                     Smith,  Scattering. 

Chittenden                                 1348                   778  36 

Orange                                       1345                 1480  45 

Essex                                           224                     87  11 

Franklin                                     1190                   789  19 

Bennington                                 947                 1123  35 

Rutland                                     1548                 2359  63 

Addison                                     1345                 1108  67 

Windsor                                    1377                 2714  57 

Grand  Isle                                   320                     68  3 

Windham                                  2477                 1097  53 

Orleans                                        377                   236  11 

Caledonia                                   1136                   776  38 

13634               12776  427 
Majority  for  Gov.  Tichenor  432. 

The  Centintl  also  stated  that  Moses  Robinson  junior  of  Bennington, 
one  of  the  Federal  candidates  for  the  Council,  failed  of  an  election  by 
reason  of  the  omission  of  the  ^^  junior  "  in  many  of  the  votes. 


192  Governor  and  Council — October  1808, 

Ordered,  Thai  the  Secretary  inform  the  Hon"*  Solomon  Miller,  Jed- 
ediah  P.  Buckingham  and  Samuel  Fletcher  Esq"-  that  they  are  duly 
elected  Councillors  for  the  year  ensuing. 

Adjourned  to  2  O'clock  P.  M. 

2  O'CLK  P.  M. — The  L*-  Governor  &  Councillors  present  subscribed 
the  Oaths  required  by  the  Constitution. 

His  Excellency  the  Governor  appeared  in  the  Council  Chamber,  and 
with  the  Council  proceeded  to  tluj  Representatives'  room,  there  signified 
his  acceptance  of  the  Office  to  which  he  had  been  duly  elected  by  the 
Freemen,  and  the  Oaths,  prescribed  by  the  Laws  and  Constitution,  were 
administered  to  him  by  the  Hon^«  Royal  Tyler  Chief  Judge  of  the  Su- 
preme Court  of  Judicature,  and  the  Governor  &  Council  returned  to 
their  Chamber. 

Received  from  the  house  the  Petition  of  Mary  Giles,  prayins:  for 
relief,  with  the  following  order  thereon,  '^  In  General  Assembly  Oct.  14, 
1808,  Read  &  referred  "to  Mess«-  Kin^,  W.  Child  &  C.  Smith,  to  join  a 
Committee  from  Council.  Attest  M.  Post  Clerk,"  which  was  read,  and 
Resolved,  That  M""-  Dana  join  the  above  Committee  from  the  house. 

His  Excellency  the  Governor  was  pleased  to  appoint  William  Page 
Jun'-  Esquire  Secretary  for  himself  and  Council.  M'-  Page  appeared  in 
Council,  and  the  Lieutenant  Governor  administered  the  Oaths  of  office 
to  him  as  Secretary  of  the  Governor  and  Council. 

Attest  [RoLLiN  C.  Mallary,  Secv-'] 

The  following  Resolution  was  received  from  the  house — **In  General 
Assembly  Oct.  14,  1808.  On  motion,  Resolved  that  the  following 
Standing  Committees  be  appointed,  on  the  part  of  the  house,  to  join 
such  Committees  as  the  Governor  &  Council  may  appoint  on  the  same 
subjects — viz — The  First  Land  Tax  Committee,  Mess*-  P.  Smith,  D. 
Clap,  &  Sexton.  The  Second  Land  Tax  Committee  Mess'-  Henry,  J. 
Hall  &  Otis.  The  Third  Land  Tax  Committee,  Mess*-  A.  Chamberlin, 
Wheatley  &  Newell.  A  Committee,  denominated  the  Committee  of 
Insolvency  and  suspension.  Mess*-  W.  Chamberlin,  Marvin,  De  Forrest 
&  Hammond.  A  Committee,  denominated  The  Committee  of  New 
Trials,  Mess'-  Ware,  Olin,  W.  Chamberlin  &  G.  Robinson.  A  Turnpike 
Committee,  Mess'-  Rich,  Flagg,  J.  Dana  and  Putnam.  A  Committee  of 
Claims,  Mess'  N.  Chipman,  Edmund  [David  Edmond  of  Vergennes,] 
Hunt  &  Ware.  Extract  from  the  Journals  Attest  M.  Post  Clk  pro. 
teni."  and  the  same  being  read.  Resolved,  That  M'-  Chittenden  join  the 
First  Land  Tax  Committee;  That  M'- Ellsworth  join  the  Second  Land 
Tax  Committee;  That  M'-  Hatch  join  the  Third  Land  Tax  Committee; 
That  M'  Langdon  join  the  Committee  of  Insolvency  and  suspension; 
That  Mr  Chipman  join  the  Committee  of  new  trials;  That  M'-  Lyon 
join  the  Committee  of  Claims;  and  That  M'-  Keyes  join  the  Turnpike 
Committee. 

Adjourned  untill  9  O'clk  Tomorrow  morning. 


Saturday  October  15  1808  9  o'clk  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Hon*-  Solomon  Miller  Esquire,  Elected  a  Councillor,  appeared  in 
the  Council  Chamber,  took  &  subscribed  the  Oaths  prtscribed  by  the 
laws  and  Constitution  and  was  admitted  to  a  seat  as  a  member. 

The  Petition  of  Minott  Farmer,  first  Constable  of  Parkerstown  [Men- 
don,]  praying  for  relief  and  power  to  sell  the  lands  in  said  town  under 
the  cent  tax,  was  received  from  the  house  with  this  order  thereon:  **In 
General  Assembly  Oct.  14, 1808,  read  &  referred  to  Mess*-  N.  Chipman, 


Governor  and  Council — October  1808.  193 

T.  Hutchinson  &  W.  Chaniberlin  to  join  a  Committee  from  Council. 
Attest  M.  Po8t  Clk."— read  &  Resolved  That  M'-  Willoby  join  the  above 
Committee  of  the  House. 

Received  from  the  House  of  Representatives  the  Petition  of  John 
Barker  *&  others,  relative  to  the  Jurisdictional  lines  between  the  towns 
of  Salisbury  &  Leicester,  also  a  Petition  of  sundry  Inhabitants  of  Sharon 
and  Royalton  relative  to  their  Jurisdictional  lines,  with  this  order  on 
each:  "In  General  Assembly  Oct.  14  1808,  read  and  referred  t<>  Mes«- 
Thompson,  Green  &  Brown,  to  join  a  Committee  from  Council.  Attest 
M.  Post  Clerk,"  and  being  read.  Ordered  That  M'-  Chipman  join  the 
above  Committee  of  the  house. 

Rec**'  from  the  house  of  Representatives  a  Petition  for  a  land  tax  on 
Berkshire,  with  this  order  thereon:  ''In  General  Assembly  Oct.  14. 
180S.  Referred  to  the  First  joint  land  tax  Committee.  Attest  M.  Post 
Clk."  and  the  same  being  read.  Resolved  To  concur  witli  the  h(^use  in 
the  said  reference. 

Received  from  the  House  of  Representatives  the  several  Petitions  of 
Geo.  Sturtevant  &  E.  Ilawley  j>rayinfr  for  acts  of  suspension  with  this 
order  on  each:  *'  In  General  Assembly  Oct,  14,  1808,  Read  «fc  referred  to 
the  Joint  Committee  of  suspension  &c.  Attest  M.  Post  Clerk,"  and 
being  severally  read,  Resolved  To  concur  with  the  house  in  their  said 
reference. 

Received  from  the  house,  the  Petition  of  Enos  .Silsbce  prayinp:  com- 
pensation for  a  horse  killed  in  the  service  of  the  j)ublic,  and  the  P«ttition 
of  James  D.  Butler,  for  payuK^nts  of  sundries  advanced  to  John  Vincent 
a  poor  Indian,  with  this  order  on  each — ''  In  General  Assembly  Oct.  14, 
1808,  Read  &  referred  to  the  joint  Committee  of  Claims.  Att.  M.  Post 
Clerk,""  and  the  same  being  severally  read.  Resolved,  To  concur  with 
the  house  in  their  said  reference. 

Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — Received  from  the  House  of  Representatives  the 
Petition  (if  Caldwell  Moore  first  Constable  of  Barnet,  praying  the  Legis- 
lature to  pass  an  act  in  conlirmation  ot  his  proceedings  as  Collector  of 
the  Cent  Tax,  with  this  order  thereon:  ''In  General  Assembly  Oct.  15, 
1808,  read  and  referred  to  Mess*  FvUm*.  Sanborn  and  Palmer  to  join  a 
Committee  from  Council.  Attest  M.  Post  Clerk" — and  the  same  being 
read.  Resolved,  That  M*"-  Hatch  join  the  above  Committee  of  the  house. 

Received  from  the  house  of  Representatives  the  Petition  of  Tiiomas 
Todd  &  Son,  for  an  act  of  incori)oration,  for  the  purpose  of  manufactur- 
ing woolen  Cloth  and  also  for  a  loan  of  money,  with  this  order  thereon: 
"In  General  Assembly  Oct.  15,1808,  read  «&  referred  to  Mes"- Thomp- 
son, Dewey  &  Ware,  to  join  a  Committee;  from  Council.  Attest  M.  Post 
Clerk."  and  the  same  being  read.  Resolved,  That  M'-  Ellsworth  &  M""- 
Langdon  join  the  above  Committee  of  the  house. 

Received  from  the  house  of  Representatives  a  Petition  from  Coit's 
Gore,  for  an  act  to  incorporate  said  Gore  and  part  of  Belvidere  &  Ba- 
kersfield  into  a  new  Township,  by  the  name  of  Waipole,  with  this  order 
thereon:  "In  General  Assembly  Oct.  15,  1808,  Read  and  referred  to 
Mess*-  Hazeltine,  Shaw  &  Follett  to  join  a  Committee  from  the  Council. 
Attest  M.  Post  Clerk,"  and  the  same  })eing  read,  Resolved  That  M'- 
Miller  join  the  above  Committee  of  the  house. 

Received  from  the  house  of  Representatives  a  Petition  from  the  Over- 
seers of  the  Poor  in  the  Town  of  Grafton  with  this  order  thereon:  '*  In 
General  Assembly  Oct.  15,  1808,  read  and  referred  to  the  joint  Commit- 
tee of  new  trials.  Attest  M.  Post  Clerk,"  and  the  same  being  read, 
Resolved  To  concur  with  the  house  in  their  said  reference. 

13 


194  Governor  and  Council — October  1808. 

Rec*-  from  the  House  of  Representatives,  Petitions  for  land  Taxes  on 
Newark  &  Burke,  and  one  frora  Pittsfield  for  the  repeal  of  an  act  laying 
a  land  tax  on  said  town,  with  the  followino;  order  on  each :  "  In  General 
Assembly  Oct.  14'*^  1808.  Referred  to  the  first  joint  land  tax  Committee. 
Attest  M.  Post  Clerk,''  and  the  same  being  severally  read.  Resolved, 
To  concur  with  the  house  in  their  said  reference  thereon. 

Received  from  the  house  of  Representatives  the  Petition  of  Francis 
Davis,  for  an  act  to  free  his  body  from  imprisonment  on  an  Execution 
in  favor  of  John  <&  Isaac  F.  Roe,  with  this  order  thereon:  "In  General 
Assembly  Oct.  15,  1808,  Read  and  referred  to  the  joint  Committee  of 
suspension.  Attest  M.  Post  Clerk,"  and  being  read  Resolved,  That 
M'-  Chipman  join  said  Committee  on  this  Petition. 

Received  from  the  House  of  Representatives  the  Petition  of  Benj'  H. 
Oakes,  praying  to  be  liberated  from  Imprisonment,  and  to  have  his 
body  free  from  arrest  for  the  term  of  five  years,  with  this  order  thereon: 
"  In  General  Assembly  Oct.  15,  1808,  read  &  referred  to  the  joint 
Committee  of  suspension.  Attest  M.  Post  Clerk."  and  the  same  being 
read,  Resolved,  To  concur  with  the  house  in  their  said  reference. 

Received  from  the  House  of  Representatives  a  Petition  from  the  town 
of  Burke  for  an  alteration  in  the  County  road,  and  a  Petition  from  John 
W.  Blake  and  others  for  a  Turnpike  road  from  Rockingham  to  the  South 
line  of  the  State,  with  this  order  on  each:  "In  General  Assembly  Oct. 
15, 1808.  Read  and  referred  to  the  joint  Turnpike  Committee.  Attest 
M.  Post  Clerk,"  and  the  same  being  read,  Resolved  To  concur  with  the 
house  in  their  said  reference. 

Adjourned  to  9  o'clk  Monday  Morning. 


Monday,  October  IT"*'  1808,  9  O'clk  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  House  of  Representatives  a  Petition  from  the 
Inhabitants  of  Bakersfield,  with  this  order  thereon:  "In  General  As- 
sembly Oct.  15  1808,  referred  to  the  Second  joint  land  tax  Committee. 
Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur 
with  the  house  in  their  said  reference. 

Received  from  the  House  of  Representatives  the  Petitions  of  Thomas 
Hodgkins  and  Abraham  Dibble,  praying  for  acts  of  Insolvency  and 
suspension  of  civil  process  against  them,  with  this  order  on  each:  "In 
General  Assembly  Oct.  15, 1808.  read  &  referred  to  the  joint  Committee 
of  suspension  &c.  Attest  M.  Post  Clerk,"  and  the  same  being  severally 
read,  Resolved,  To  concur  with  the  house  in  their  said  reference. 

Received  from  the  House  of  Representatives  a  Petition  from  sundry 
Inhabitants  of  Middletown,  for  the  grant  of  a  Turnpike  road  from  Clar- 
endon to  Poultney,  with  this  order  thereon:  "In  General  Assemby  Oct 
15,  1808,  read  &  referred  to  the  joint  Turnpike  Committee.  Attest 
M.  Post  Clk."  and  the  same  being  read.  Resolved,  To  concur  with  the 
house  in  their  said  reference. 

Received  from  the  Hoiise  of  Representatives  a  Petition  fcom  the  Town 
of  Pawlet,  praying  that  the  town  lines  between  that  town  and  Rupert 
may  be  Established,  with  this  order  thereon:  "In  General  Assembly 
Oct.  15,  1808.  Read  and  referred  to  Mess'  Pratt,  Emerson  &  Prindle  to 
join  a  Committee  from  Council.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved,  That  M'  Lyon  join  the  above  Committee  of  the 
house. 

Received  from  the  House  of  Representatives  the  Petition  of  Oliver 
Smith  &  William  Hamilton,  praying  for  an  act  of  Insolvency,  with  this 


Governor  and  Council — October  1808.  195 

order  thereon:  "In  General  Assembly  Oct  15, 1808,  read  &  referred  to 
the  joint  Coramittee  of  suspension.  Attest  M.  Post  Clerk,''  and  the 
same  being  read.  Resolved,  That  M^*  Chipman  join  the  Committee  of 
suspension  on  this  Petition. 

His  Excellency  the  Governor,  accompanied  by  the  L*-  Governor  & 
Council,  proceeded  to  the  Kepresentatives'  room,  according  to  previous 
notice,  where  his  Excellency  delivered  to  both  branches  of  the  Legisla- 
ture the  following  speech.^ 

The  Governor  &  Council  then  returned  to  their  Chamber  &  resumed 
the  consideration  of  business.        « 

In  Council  at  Montpelier,  Oct  17, 1808. 

Present,  His  Excellency  Isaac  Tichenor  Esq'-  Governor;  His  Honor 
Paul  Brigham  Esq'-  L*-  Govrernor;  Of  the  Council,  The  IIon^^«  Elias 
Keyes,  Chauncey  Langdon,  Daniel  Chipman,  Zerah  Willoby,  Asa  Lyon, 
Solomon  Miller,  Reuben  Hatch,  Daniel  Dana,  and  John  Ellsworth  Es- 

2uires;  William  Page  Jun'-  Secretary,  Joseph  Armington  Sheriflf.  The 
/ouncil  took  under  consideration  the  Petition  of  Josiah  Hathaway  of 
Plymouth  in  the  County  of  Windsor,  stating  that  at  the  term  of  the  Su- 
preme Court  of  Judicature,  begun  and  held  at  Woodstock,  within  & 
for  the  County  of  Windsor,  on  the  Third  Tuesday  of  August  A.  D.  1808, 
he  the  said  Josiah  was  convicted  before  said  Court  of  the  crime  of  adultery 
and  was  fined  by  said  Court  the  sum  of  eighty  dollars  and  further  or- 
dered to  pay  the  costs  of  prosecution  amounting  to  forty  dollars  &  twenty 
three  cents,  representing  his  utter  inability  to  pay  said  fine  &  costs,  and 
praying  the  Governor  &  Council  to  remit  the  same  or  such  part  thereof 
as  to  the  Governor  &  Council  may  seem  proper.  And  on  the  question 
shall  the  Fine  imposed  as  afores*  by  the  Court  aforesaid,  on  the  said  Jo- 
siah Hathaway,  be  remitted — The  yeas  &  nays  being  required  by  M'- 
Chipman  were  as  follows,  to  wit:  i  eas.  Gov-  Brigham,  M""-  Keyes,  M'- 
Langdon,  M'-  Chipman,  M'-  Miller,  M'"-  Willoby,  M'-  Lyon,  M'-  Dana  and 
M'-  Hatch.  Whereupon,  after  a  full  examination  of  the  premises,  and 
hearing  evidence  on  the  part  of  the  Petitioner,  and  mature  deliberation 
being  had  thereon.  It  is  Ordered  and  Adjudged,  That  the  said  fine  of 
Eighty  dollars,  imposed  on  the  said  Josiah  Hathaway  by  the  Court 
aforesaid,  be  and  the  same  is  hereby  remitted.  And  the  Sherifi*  of  our 
County  of  Windsor,  and  all  other  persons  concerned  will  take  due  no- 
tice hereof  and  govern  themselves  accordingly. 

Attest       William  Page  J'  Secv- 
Adjourned  to  2  O'clk  P.  M. 

2  OcLOCK  p.  M. — Received  from  the  house  of  Representatives  the 
following  resolution:  *'In  General  Assembly  October  17, 1808,  on  mo- 
tion of  M'-  Rich,  Resolved  that  a  Committee  of  three  be  appointed  from 
this  House,  to  join  such  Committee  as  the  Governor  <\nd  Council  may 
appoint,  to  report  a  bill  or  bills  for  the  regulation  of  the  State  Prison, 
and  also  to  examine  the  several  laws  relating  to  crimes  and  punish- 
ments, and  report  such  additions,  alterations  and  amendments  as  may 
be  rendered  necessary  on  account  of  the  State  Prison.  Members 
chosen,  Mess*-  T.  Hutchinson,  Esmond  &  Olin.  Extract  from  the  Jour- 
nals, Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  That 
M'-  Chipman  join  said  Committee  from  the  House  on  the  above  resolu- 
tion. 

Received  from  the  House  of  Representatives,  A  Bill  referred  from  the 
last  Session  of  the  Legislature,  Entitled  ^^  an  act  in  addition  to  an  act 

^  For  the 'speech  see  Appendix  A. 


194  Governor  and  Council — October  1808. 

Rec*-  from  the  House  of  Representatives,  Petitions  for  land  Taxes  on 
Newark  &  Burke,  and  one  from  Pittsfield  for  the  repeal  of  an  act  laying 
a  land  tax  on  said  town,  with  the  following  order  on  each:  *'  In  General 
Assembly  Oct.  14**^  1808.  Referred  to  the  first  joint  land  tax  Committee. 
Attest  M.  Post  Clerk,-'  and  the  same  being  severally  read.  Resolved, 
To  concur  with  the  house  in  their  said  reference  thereon. 

Received  from  the  house  of  Representatives  the  Petition  of  Francis 
Davis,  for  an  act  to  free  his  body  from  imprisonment  on  an  Execution 
in  favor  of  John  <&  Isaac  F.  Roe,  with  this  order  thereon:  "In  General 
Assembly  Oct.  15,  1808,  Read  and  referred  to  the  joint  Committee  of 
suspension.  Attest  M.  Post  Clerk,"  and  being  read  Resolved,  That 
M'-  Chipman  join  said  Committee  on  this  Petition. 

Received  from  the  House  of  Representatives  the  Petition  of  Benj*  H. 
Oakes,  praying  to  be  liberated  from  Imprisonment,  and  to  have  his 
body  free  from  arrest  for  the  term  of  five  years,  with  this  order  thereon: 
"  In  General  Assembly  Oct.  15,  1808,  read  &  referred  to  the  joint 
Committee  of  suspension.  Attest  M.  Post  Clerk,"  and  the  same  being 
read.  Resolved,  To  concur  with  the  house  in  their  said  reference. 

Received  from  the  House  of  Representatives  a  Petition  from  the  town 
of  Burke  for  an  alteration  in  the  County  road,  and  a  Petition  from  John 
W.  Blake  and  others  for  a  Turnpike  road  from  Rockingham  to  the  South 
line  of  the  State,  with  this  order  on  each:  ''In  General  Assembly  Oct. 
15, 1808.  Read  and  referred  to  the  joint  Turnpike  Committee.  Attest 
M.  Post  Clerk,"  and  the  same  being  read.  Resolved  To  concur  with  the 
house  in  their  said  reference. 

Adjourned  to  9  o'clk  Monday  Morning. 


Monday,  October  IT"*'  1808,  9  O'clk  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  House  of  Representatives  a  Petition  from  the 
Inhabitants  of  Bakersfield,  with  this  order  thereon:  "In  General  As- 
sembly Oct.  15  1808,  referred  to  the  Second  joint  land  tax  Committee. 
Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur 
with  the  house  in  their  said  reference. 

Received  from  the  House  of  Representatives  the  Petitions  of  Thomas 
Hodgkins  and  Abraham  Dibble,  praying  for  acts  of  Insolvency  and 
suspension  of  civil  process  against  them,  with  this  order  on  each:  "In 
General  Assembly  Oct.  15, 1808,  read  &  referred  to  the  joint  Committee 
of  suspension  &c.  Attest  M.  Post  Clerk,"  and  the  same  being  severally 
read.  Resolved,  To  concur  with  the  house  in  their  said  reference. 

Received  from  the  House  of  Representatives  a  Petition  from  sundry 
Inhabitants  of  Middletown,  for  the  grant  of  a  Turnpike  road  from  Clar- 
endon to  Poultnej,  with  this  order  thereon:  "In  General  Assemby  Oct, 
15,  1808,  read  &  referred  to  the  joint  Turnpike  Committee.  Attest 
M.  Post  Clk."  and  the  same  being  read,  Resolved,  To  concur  with  the 
house  in  their  said  reference. 

Received  from  the  HoOse  of  Representatives  a  Petition  fcom  the  Town 
of  Pawlet,  praying  that  the  town  lines  between  that  town  and  Rupert 
may  be  Established,  with  this  order  thereon:  "In  General  Asseml>ly 
Oct.  15,  1808.  Read  and  referred  to  Mess*  Pratt,  Emerson  «&  Prindle  to 
join  a  Committee  from  Council.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved,  That  M'  Lyon  join  the  above  Committee  of  the 
house. 

Received  from  the  House  of  Representatives  the  Petition  of  Oliver 
Smith  &  William  Hamilton,  praying  for  an  act  of  Insolvency,  with  this 


Q-ovemor  and  Council — October  1808.  195 

order  thereon:  "In  General  Assembly  Oct  16, 1808,  read  &  referred  to 
the  joint  Committee  of  suspension.  Attest  M.  Post  Clerk,'^  and  the 
same  being  read.  Resolved,  That  M^*  Chipman  join  the  Committee  of 
suspension  on  this  Petition. 

His  Excellency  the  Governor,  accompanied  by  the  L*-  Governor  & 
Council,  proceeded  to  the  Representatives'  room,  according  to  previous 
notice,  where  his  Excellency  delivered  to  both  branches  of  the  Legisla- 
ture the  following  speech.* 

The  Governor  &  Council  then  returned  to  their  Chamber  &  resumed 
the  consideration  of  business.        « 

In  Council  at  Montpelier,  Oct.  17, 1808. 

Present,  His  Excellency  Isaac  Tichenor  Esq'-  Governor;  His  Honor 
Paul  Brigham  Esq'-  L*-  Go  tremor;  Of  the  Council,  The  Hon^^'  Elias 
Keyes,  Chauncey  Langdon,  Daniel  Chipman,  Zerah  Willoby,  Asa  Lyon, 
Solomon  Miller,  Reuben  Hatch,  Daniel  Dana,  and  John  Ellsworth  Es- 
quires; William  Page  Jun*"-  Secretary,  Joseph  Armington  Sheriflf.  The 
Council  took  under  consideration  the  Petition  of  Josiah  Hathaway  of 
Plymouth  in  the  County  of  Windsor,  stating  that  at  the  term  of  the  Su- 
preme Court  of  Judicature,  begun  and  held  at  Woodstock,  within  & 
for  the  County  of  Windsor,  on  the  Third  Tuesday  of  August  A.  D.  1808, 
he  the  said  Josiah  was  convicted  before  said  Court  of  the  crime  of  adultery 
and  was  fined  by  said  Court  the  sum  of  eighty  dollars  and  further  or- 
dered to  pay  the  costs  of  prosecution  amounting  to  forty  dollars  &  twenty 
three  cents,  representing  his  utter  inability  to  pay  said  fine  &  costs,  and 
praying  the  Governor  &  Council  to  remit  the  same  or  such  part  thereof 
as  to  the  Governor  &  Council  may  seem  proper.  And  on  the  question 
shall  the  Fine  imposed  as  afores*  by  the  Court  aforesaid,  on  the  said  Jo- 
siah Hathaway,  be  remitted — The  yeas  &  nays  being  required  by  M'- 
Chipman  were  as  follows,  to  wit:  Yeas,  Gov'-  Brigham,  M'-  Keyes,  M'- 
Langdon,  M'-  Chipman,  M'-  Miller,  M'-  Willoby,  M'-  Lyon,  M'-  Dana  and 
M'-  Hatch.  Whereupon,  after  a  full  examination  of  the  premises,  and 
bearing  evidence  on  the  part  of  the  Petitioner,  and  mature  deliberation 
being  had  thereon.  It  is  Ordered  and  Adjudged,  That  the  said  fine  of 
Eighty  dollars,  imposed  on  the  said  Josiah  Hathaway  by  the  Court 
aforesaid,  be  and  the  same  is  hereby  remitted.  And  the  Sherifi*  of  our 
County  of  Windsor,  and  all  other  persons  concerned  will  take  due  no- 
tice hereof  and  govern  themselves  accordingly. 

Attest        William  Page  J'-  Secv- 

Adjourned  to  2  O'clk  P.  M. 

2  OcLOCK  p.  M. — Received  from  the  house  of  Representatives  the 
following  resolution:  *'In  General  Assembly  October  17, 1808,  on  mo- 
tion of  M'-  Rich,  Resolved  that  a  Committee  of  three  be  appointed  from 
this  House,  to  join  such  Committee  as  the  Governor  <\nd  Council  may 
appoint,  to  report  a  bill  or  bills  for  the  regulation  of  the  State  Prison, 
and  also  to  examine  the  several  laws  relating  to  crimes  and  punish- 
ments, and  report  such  additions,  alterations  and  amendments  as  may 
be  rendered  necessary  on  account  of  the  State  Prison.  Members 
chosen.  Mess*-  T.  Hutchinson,  Edmond  &  Olin.  Extract  from  the  Jour- 
nals, Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  That 
M'-  Chipman  join  said  Committee  from  the  House  on  the  above  resolu- 
tion. 

Received  from  the  House  of  Representatives,  A  Bill  referred  from  the 
last  Session  of  the  Legislature,  Entitled  ^^an  act  in  addition  to  an  act 

'  For  the  speech  see  Appendix  A. 


196  Governor  and  Council — October  1808. 

Entitled  an  act  defining  what  shall  make  a  leo:al  settlement  &c.''  with 
this  new  order  thereon:  ''In  General  Assembly  Oct.  17,  180S.  Read  & 
referred  to  Mess*-  I-uce,  Olin  &  Ilinman  to  join  a  Committee  from  the 
Council.  Attest  M.  Post  Clerk,"  and  the  same  being  read,  llesolved, 
ThatM'-  Langdon  join  said  Committees  of  the  house. 

Received  from  the  house  of  Representatives  the  Petition  of  John  & 
James  I.  Winaus  concerning  a  Steam  Boat  on  J^ake  Champlain,  with 
this  order  thereon:  "In  General  Assembly  Oct.  17, 180K.  read  and  re- 
ferred  to  Mess'-  N.  Chipman,  G.  Robinson  «fc  Pratt  to  join  a  Committee 
from  Council.  Att.  M.  Post  Clerk,"  iind  the  same  being  read,  Resolved, 
That  M'-  Elsworth  join  the  above  Conmiillee  of  the  house. 

Received  from  the  House  of  Representatives  a  lV.tition  from  sundry 
Inhabitants  of  Cornwall,  ])raying  that  part  of  the  town  of  Bridport  may 
be  annexed  to  Cornwall,  with  this  order  thereon:  "In  General  Assem- 
bly Oct.  17,  1808,  read  and  referred  to  Mess"  Rich,  Gardner  &  Graves, 
to  join  a  Committee  from  Council.  Attest  M.  Post  Clk.-'  and  the  same 
being  read.  Resolved,  That  M""  Lyon  join  said  Committee  of  the  house. 

Received  from  the  house  of  Representatives,  a  Rill  referred  from  the 
last  Session  of  the  Legfslature.  ilntitled  "An  act  granting  to  Isaac  Eddy 
a  tract  of  land  therein  mentioned,"  with  this  order  thereon:  "In  Gen- 
eral Assembly  Oct.  17,  1808,  Read  &  referred  to  Mess*  Knapp,  A.  Rob- 
inson &  Jason  Duncan  to  join  a  Committee  from  the  Council.  Attest 
M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  That  M'^  Willoby 
join  the  above  Committee  of  tlie  house. 

Received  from  the  house  of  Representatives,  a  Bill  referred  from  the 
last  session  of  the  LegiNlatnre.  Entitled  "An  act  appointing  a  Committee 
to  lay  out  a  Post  Road  from  the  Court  House  in  Middlebury  to  the 
North  line  of  lluntsburgh"  [Franklin,]  with  this  order  therechi:  "In 
General  Assembly  Oct.  17,  1808.  Read  *fe  referred  to  Mess"  Shaf\er.  Pit- 
kin &  Asa  Smith  to  join  a  Commiltee  from  Council.  Attest  M.  Po*«t 
Clerk,"  and  the  same  being  read.  Resolved,  That  M'-  Dana  join  the 
above  Committee  of  the  house. 

Received  from  the  house  ot  Representatives,  a  Petition  from  Sundry 
Inhabitants  of  Newfane,  prating  to  be  annexed  to  Townsend,  with  this 
order  thereon:  "  In  General  Assembly  Oct,  17,  180S,  Read  i^  referred  to 
Mess*'  A.  Robinson,  John  Dodge  <&  l)uncan  to  join  a  Committee  from 
Council.  Attest  M.  Post  Clk."  and  the  same  bring  read.  Resolved, 
That  M'-  Keyes  join  the  above  Committee  of  the  hnuse. 

Received  from  the  house  of  Representatives  the  Petition  of  Clark 
Rogers,  resi)ecting  ihe  collection  of  the  Stale  Prison  Tax  on  Ilunts- 
burgh,  with  this  order  thereon:  "In  (General  Assembly  Oct.  17,  1808, 
Read  &  referred  to  the  joint  Committee  on  the  Petition  of  (.'aldwell 
Moore.  Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To 
concur  with  the  house  in  their  said  reference. 

.Received  from  the  house  of  Representatives  the  Petition  of  EbeneZL-r 
Markham,  praying  for  an  act  freeing  his  body  from  arrest  for  the  term 
often  years,  and  the  Petition  of  Jesse  Leavenworth,  praying  for  an  act 
to  free  his  body  from  arrest  during  his  life,  with  this  order  on  e;u  h: 
"In  General  Assembly  Oct.  17,  18o8.  Read  and  referred  ti)  thi  joint 
Committee  of  Suspension.  Attest  M.  Post  Clerk,"  and  the  same  lieing 
read.  Resolved  To  concur  with  the  house  in  their  said  refennet-. 

Received  from  the  House  of  Rei)resenlalives  the  Petiti(»n  <it  Naiah 
Sanford,  First  Constable  of  Monklou,  for  relief  in  a  mistake  ma<le  in  the 
Grand  list  of  said  town,  the  Petition  of  the  Selectnien  of  Sheldon  for 
remuneration  of  monies  expended  in  the  support  of  Robert  Smith  a 
foreigner,  and  the  Petition  of  the  Selectmen  of  Bradford  for  relief  against 
the  State   Prison  land  lax,  with   this  order  on  each:     "lu  General 


&jvimar  and  Council —  October  1808.  197 

Assembly  Oct.  17,  180S,  read  &  referred]  to  the  joint  Committee  of 
Claims.  "^Attest  M.  Post  Clerk,"  and  the  same  bein;;  read.  Resolved,  To 
concur  with  the  house  in  their  said  reference. 

Received  from  the  House  of  Representatives  the  Petition  of  John  R. 
Gibson  for  new  trials  in  actions  in  his  favor  against  Elias  Gallup,  with 
this  order  thereon:  "In  General  Assembly  October  17, 1808,  read  and 
referred  to  the  joint  Committee  of  new  trials.  Attest  M.  Post  Clerk," 
and  the  same  being  read,  Resolv<id,  To  concur  with  the  house  in  their 
said  reference. 

Received  from  the  House  of  Representatives  the  Petition  of  the 
Directors  of  the  Weathersficld  Turnpike  Company,  praying  that  the 
time  limited  by  the  act  of  Incorporation  for  comi)leting  said  road  might 
be  extended,  with  this  order  thereon:  **In  General  Assembly  Oct.  17, 
1808,  Read  and  referred  to  the  joint  Turnpike  (Jommittee.  Attest  M. 
Post  Clk."  and  the  same  being  read.  Resolved,  To  concur  with  the 
house  in  their  said  reference. 

Received  from  the  House  of  Rei)resentatives  the  Petition  of  the 
Inhabitants  of  the  town  of  Arlington,  praying  an  alteration  in  the 
IStatute  of  limitations,  with  this  order  thcnon:  "In  General  Assembly 
Oct.  17,  ISaS.  Read  &  referred  to  Mess*  Rich,  D.  Clapp  &  Hunter  to 
join  a  Committee  from  Council.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved  that  M"*  Miller  join  the  above  Committee  of  the 
house. 

Received  from  the  house  of  Representatives  the  Petition  of  Aaron 
Henry,  praying  a  further  credit  on  the  Bond  and  Mortgage  in  favor  of 
the  Slate  against  him,  and  a  Petition  from  Nathan  Fletcher  Jun'-  and 
Lewis  l*ratt  [for  relief]  in  a  suit  against  them  in  favor  of  the  State,  as 
bail  for  Nathan  Dean  Jun'-  with  this  oider  on  each:  "In  General 
Assembly  Oct.  17,  1808,  read  and  referred  to  the  joint  Committee  on  the 
Petition  of  Mary  Giles.  Attest  M.  Post  Clerk,"  and  the  same  being 
read.  Resolved,     To  concur  with  the  house  in  their  said  reference. 

Adjourned  untill  0  O'clk  Tomorrow  morning. 


Tuesday  October  18*^'  1808,  9  o'clk  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  House  of  Representatives  the  following  Resolution: 
*'In  General  Assembly  Oct.  17,  180S.  Resolved,  the  Governor  and 
Council  concurring  heroin,  that  both  houses  meet  in  their  separate 
rooms,  tomorrow  morning  at  ten  o'clock,  and  then  &  there  proceed  to 
ballot  for  some  suitable  Person  as  a  Senator  to  represent  this  State  in 
the  Senate  of  the  United  States  for  six  years  from  and  after  the  third 
day  of  March  next,  and  that  immediately  thereafter  both  houses  meet  in 
joint  Committee  in  the  Representatives'  room  for  the  purpose  of  declaring 
the  person  elected,  and  that  if  the  two  houses  do  not  agree  on  the  same 
person,  that  they  proceed  by  joint  balh)t  to  elect  a  suitable  person  as 
Senator  as  aforesaid.  Read  &  adopted.  Extract  from  the  Journals, 
Attest,  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To  non- 
concur with  the  house  in  the  above  resolution  for  the  following  reasons: 
That  since  the  election  of  the  Members  of  Council  have  been  published, 
there  has  not  been  sufficient  time  to  give  regular  notice  to  all  the  mem- 
bers elect  of  their  election  &  have  them  attend  <&  be  qualified.  And 
that  in  the  opinion  or  knowledge  of  the  Governor  aud  Council  there  is 
no  particular  reason  to  make  it  necessary  to  proceed  to  that  important 
election  at  so  early  a  period  of  the  session,  when  the  collective  voice  of 


198  Governor  and  Council — October  1808. 

the  Representatives  of  the  People  cannot  be  taken.    Ordered,  That  the 
Secretary  return  the  same  to  the  House. 

A  bill  passed  in  the  House  of  Representatives,  Entitled  '*An  act  alter- 
ing the  name  of  Elijah  Stebbins  Johnson  to  that  of  Lovwell  Johnson," 
was  sent  up  for  revision  and  concurrence  or  proposals  of  amendment, 
and  being  read,  Ordered,  That  the  same  be  referred  to  M'-  Hatch. 

Received  from  the  house  of  Representatives  a  Petition  for  land  taxes 
on  Derby,  Salem,  Newark,  East-haven,  Granby  &  Guildhall,  with  this 
order  thereon:  "'In  General  Assembly  Oct.  17, 1808,  Read  <fc  ordered  to 
lie  on  the  table.  Called  up  and  referred  to  the  third  joint  land  lax  Com- 
mittee. Attest  M.  Post  Clerk,"  and  the  same  being  read,  Resolved,  To 
concur  with  the  house  in  their  said  reference.  , 

Received  from  the  house  of  Representatives  the  Petition  of  Malachi 
&  Witherell  Wittam  [Wiltum,]  praying  compensation  for  land  [lost]  by 
the  Commissioners  of  Confiscation,  with  this  order  thereon:  '*  In  Gen- 
eral Assembly  Oct.  17, 1808,  read  and  referred  to  the  joint  Committee  of 
Claims.  Attest,  M.  Post  Clk."  and  the  same  being  read,  Resolved,  To 
concur  with  the  house  in  their  said  reference. 

Received  from  the  House  of  Representatives,  the  Petition  of  James 
Perry  praying  to  be  restored  to  his  law,  with  this  order  thereon:  "In 
General  Assembly  Oct.  17, 1808,  read  and  referred  to  Mess*-  Wheatley, 
Brown  &  J.  Fuller  to  join  a  Committee  from  Council.  Attest  M.  Post 
'  Clerk,"  and  the  same  being  read.  Resolved,  That  M'-  Chipman  join  the 
above  Committee  of  the  house. 

Received  from  the  House  of  Representatives  "An  act  further  to  pro- 
vide for  the  support  of  schools,"  with  this  order  thereon:  "  In  General 
Assembly  Oct.  17, 1808,  Read  and  referred  to  Mess*-  L.  Hall,  P.  Smith 
&  Hazleton  [Hazeltine]  to  join  a  Committee  from  Council.  Attest  M. 
Post  Clerk,"  and  the  same  being  read.  Resolved,  That  M*"-  Chittenden 
join  the  above  Committee  of  the  nouse. 

In  Council,  at  Montpelier,  October  18, 1808. 
Present,  His  Excellency  Isaac  Tichenor  Esquire  Governor  ;  His 
Honor  Paul  Brigham  Esq'-  L'-  Governor;  of  the  Council,  The  Hon**^* 
Elias  Keyes,  Chauncey  Langdon,  Daniel  Chipman,  Solomon  Miller,  Asa 
Lyon,  Zerah  Willoby,  Reuben  Hatch,  Daniel  Dana,  and  John  Eisworth, 
Esquires.  William  Page  Jun'-  Secretary ;  Jos.  Armington,  Sheriff. 
The  Governor  &  Council  took  under  consideration  the  Petition  of  Seth 
Pavne,  stating  that,  at  the  Siipreme  Court  of  Judicature  begun  &  held 
at  banville  within  &  for  the  County  of  Caledonia  on  the  third  Tuesdav 
next  following  the  fourth  Tuesday  of  August  A.  D.  1807,  he  the  s<^  Seth 
Payne  was  convicted  of  the  crime  of  passing  counterfeit  Bills,  and  sen- 
tenced among  other  things  to  four  years  hard  labor,  that  he  is  now  con- 
fined in  the  common  goal  of  said  Danville,  that  his  health  is  much  im- 
paired by  his  confinement,  that  he  has  been  <&  still  is  very  unwell,  and 
that  a  much  longer  imprisonment,  in  all  probability,  will  put  a  period  to 
his  existence,  and  praying  the  Governor  &  Council  to  remit  &  pardon 
the  remaining  part  of  his  said  punishment,  or  such  part  thereof  as  shall 
be  thought  proper.  And  on  the  question,  Shall  the  imprisonment  afore- 
said imposed  on  the  s<^  Seth  Payne,  bjr  the  Court  aforesaid,  be  remit- 
ted and  pardoned  ?  the  yeas  &  nays  being  required  were  as  follows,  to 
wit :  Yeas,  none  ;  Nays.  Gov.  Brigham,  M'-  Keyes,  M'-  Lanji^don,  M'* 
Chipman,  M'-  Miller,  M'  Lyon,  M^-  Willoby,  M'-  Hatch,  M'-  Dana  and 
M'-  Elsworth.  Wherupon,  after  a  full  examination  of  the  Premises,  and 
hearing  evidence  on  the  part  of  the  Petitioner,  and  mature  deliberation 
being  had  thereon.  It  is  ordered  and  adjudged,  that  the  imprisonment 
afores^  of  the  said  Seth  Pavne  be  not  remitted  and  pardoned,  and  that 
the  s^  Petition  be  dismissed. 


Governor  and  Council — October  1808.  199 

Received  from  the  house  of  Representatives  the  Petition  of  Seth 
Walker  and  others,  for  the  grant  of  a  Turnpike  road  from  the  west  end 
of  the  Green  Mountain  Turnpike  to  Poultney,  one  from  Ferrisburgh  for 
the  grant  of  a  Turnpike  Road  from  Verge nnes  to  Hum's  [Heirn's] 
Ferry,  and  one  for  the  Grant  of  a  Turnpike  Road  from  Stratton  to  Sun- 
derland, with  this  order  on  each:  **In  General  Assembly  Oct.  18,  1808, 
read  &  referred  to  the  Joint  Turnpike  Committee.  Attest  M.  Post 
Clerk,"  and  the  same  being  read,  Resolved,  To  concur  with  the  house 
in  their  said  reference. 

Received  from  the  house  of  Representatives  the  Petition  of  the  Se- 
lectmen of  Warren,  praying  to  be  released  from  the  payment  of  the 
State  Tax  of  1807,  and  one  from  Joseph  Garnsey,'  first  Constable  of 
Rochester,  praying  relief  as  Collector  of  the  State  Prison  Tax  on  said 
Town,  with  this  order  on  each:  "In  General  Assembly  Oct.  18,  1808, 
Read  &  referred  to  the  joint  Committee  of  Claims.  Attest  M.  Post 
Clk."  and  the  same  being  read.  Resolved,  To  concur  with  the  house  in 
their  said  reference. 

Received  from  the  house  of  Representatives  a  Petition  for  the  revival 
of  a  land  tax  on  Ludlow,  with  this  order  thereon:  '*In  General  Assem- 
bly Oct.  18,  1808,  Read  and  referred  to  the  2°<i  joint  Land  Tax  Commit- 
tee. Attest  M.  Post  Clerk,"  and  the  same  being  read  Resolved,  To  con- 
cur with  the  house  in  their  said  reference. 

Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M.— The  Honorable  Jedediah  P.  Buckingham  Esquir* 
appeared  in  the  Council  Chamber,  signified  his  acceptance  of  the 
oflSce  of  Councillor  to  which  he  had  been  elected  by  the  Freemen,  took 
and  subscribed  the  necessary  oaths,  and  was  admitted  to  a  seat. 

Adjourned  untill  nine  O'clk  Tomorrow  morning. 


Wednesday,  October  19*»»'  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  House  of  Representatives  the  following  Resolu- 
tion: "'  In  General  Assembly,  October  18,  1808,  Resolved,  the  Governor 
&  Council  concurring  herein,  that  the  members  of  both  houses  meet  in 
County  Conventions  at  four  O'clock  in  the  afternoon  of  Wednesday  next, 
for  the  purpose  of  nominating  their  County  Officers,  and  that  both 
houses  convene  in  joint  Committee  in  the  Representatives'  room  at  the 
opening  of  the  house  on  Thursday  next  to  elect  such  officers.  Extract 
from  the  Journals,  Attest  M.  Post  Clerk,"  and  the  same  being  read, 
Resolved,  To  concur  with  the  house  therein  with  this  proposal  of 
amendment,  *'  Insert  in  the  5*^  line  Thursday  instead  of  Wednesday,  and 
in  the  10***  line  Fridav  instead  of  Thursday."  Also  this  resolution:  "  In 
General  Assembly  Oct.  18,  1808,  Resolved,  the  Governor  and  Council 
concurring  herein,  that  both  houses  meet  in  joint  Committee  in  the 
Representatives'  room  at  three  O'clock  Tomorrow  afternoon  for  the  pur- 
pose of  electing  Judges  of  the  Supreme  Court.  Extract  from  the  Jour- 
nals, Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To 
concur  with  the  house  therein,  with  this  proposal  of  amendment,  "  in 
the  fourth  line  erase  the  words  *•  tomorrow  afternoon,"  and  insert,  "  in 
the  afternoon  of  Thursday  next."  And  also  this  resolution:  '*In  Gen- 
eral Assembly  Oct.  18,  1808,  Resolved,  the  Governor  and  Council  con- 
curring herein,  that  both  houses  meet  in  their  separate  rooms  at  two 
O'clock  P.  M.  on  Wednesday  next,  for  the  purpose  of  balloting  for  some 
suitable  person  to  represent  this  State  in  the  Senate  of  the  United  States 


200  Governor  and  Council —  October  1808. 

for  the  term  of  six  years  from  and  after  the  third  day  of  March  next, 
and  that  immediately  after  both  houses  meet  in  the  Representatives' 
room,  for  the  purpose  of  comparing,  and  if  no  person  should  be  found 
duly  elected,  that  both  houses  then  proceed  by  joint  Ballot  to  elect  a 
person  as  Senator  as  aforesaid.  Extract  from  the  Journals,  Attest  M. 
jPost  Clerk,"  and  the  same  being  read,  Resolved,  To  concur  with  the 
house  therein,  with  this  proposal  of  amendment,  *' in  the  4***  line  erase 
**  Wednesday,"  and  insert  *' Thursday."  Ordered,  That  M'  Lyon  in- 
form the  bouse  of  the  reasons  of  the  Governor  &  Council  in  proposing 
the  above  amendments  to  the  three  foregoing  resolutions. 

Received  from  the  house  of  Representatives  the  Petition  of  Nath^- 
Bosworth  Ju*^-  praying  relief  on  an  Execution  in  favor  of  the  State 
against  him,  with  this  order  thereon:  ''  In  General  Assembly  Oct.  18, 
1808.  Head  &  referred  to  the  joint  Committ<*e  on  the  Petition  of  Mary 
Giles.  Attest  M.  Post  Clerk,"  and  I  he  same  being  read,  Resolved,  To 
concur  with  the  house  in  their  said  reference.  Also,  a  Petition  for  a 
land  Tax  on  Bristol,  with  this  order  thereon:  ''  In  Gen^*  Assembly  Oct. 
18,  1808.  Called  up  and  referred  to  the  first  Joint  land  tax  Committee. 
Attest  M.  Post  Clerk,"  and  the  same  beino:  read,  Resolved,  To  concur 
with  the  house  in  their  said  reference. 

Received  from  the  house  of  Representatives  several  Petitions,  to  wit, 
one  for  a  land  tax  on  Deweysburgh,  and  one  for  a  land  tax  of  [on]  Iras- 
burgh,  with  this  order  on  each:  ''  In  General  Assembly  Oct.  18,  1S08, 
read  &  referred  to  the  third  joint  land  Tax  Committee.  Attest  M.  Post 
Clerk,"  and  the  same  being  read,  Resolvi'd,  To  concur  with  the  house  in 
their  said  reference.  Also,  A  Petition  from  the  town  of  Wells,  relating 
to  tlieir  public  lands,  with  this  order  thereon:  ''In  General  Assembly 
Oct.  18,  1808,  read  &  referred  to  the  joint  Committee  on  tlie  Petition  of 
sundry  Inhabitants  of  Cornwall.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved,  To  concur  with  the  house  in  their  said  reference. 
Als(i,  A  Petition  for  the  grant  of  a  Turnpike  road  from  Norwich  to 
Chelsea,  and  one  for  a  Turnpike  mad  from  Cheshire  Bridge,  .so  called, 
over  Connecticut  river  in  Springfield  to  Thaddeus  Park's  in  Chester, 
with  this  order  on  each:  •'  In  General  Assembly  Oct.  18. 1808,  Read  and 
referred  to  the  joint  Turnpike  Committee.  Attest  M.  Post  Clerk,"  and 
the  same  biing  read.  Resolved,  To  concur  with  the  house  in  their  said 
reference.  Also,  A  Petition  for  a  new  County,  with  this  order  thereon: 
*'  In  General  Assembly  Oct.  18,  1808,  Ri^ad  anil  referred  to  Mess"-  Stan- 
ley, (rardner  &  Fox  to  join  a  Committee  from  Council.  Attest  M.  Post 
Clerk,"  and  the  same  being  read.  Resolved,  That  M*^-  Keyes  join  the 
above  Committee  of  the  house. 

Received  from  the  house  of  Representatives  a  bill  referred  from  the 
last  session  of  the  Legislature,  Entitled  An  act  to  repeal  the  seventh 
Section  of  an  act  Entitled  an  act  directing  the  mode  of  taking  the  for- 
feiture of  grants  &  charters,  with  this  new  order  thereon:  ''In  General 
Assembly  Oct.  18,  1S08.  Called  up  and  referred  to  Mes*-  Olin,  D.  Smith 
&  Saxton  to  join  a  Committee  from  Council.  Attest  M.  Post  Clerk." 
and  the  same  being  read.  Resolved,  That  M*"-  Chittenden  join  the  above 
Committee  of  the  house. 

Received  from  the  house  of  Representatives  a  bill  referred  from  the 
last  Session  of  the  Legislature,  Entitled  An  act  in  addition  to  an  act 
defining  the  powers  of  Justices  of  the  Peace  &c.  with  this  order  thereon: 
"In  General  Assemblv  Oct.  18,  180S.  read  <&  referred  to  Mess*-  G.  Rob- 
inson,  Newell  &,  F.  Child  to  join  a  Committee  from  Council.  Att.  M. 
Post  Clerk,"  and  the  same  being  refid.  Resolved,  That  M'-  Miller  join 
the  above  Committee  of  the  house. 

Received  from  the  house  of  Representatives  the  Petition  of  Asa 


Governor  and  Council — October  1808.  201 

Wheelock  for  a  division  of  the  town  of  Wardsboro,  with  this  order 
thereon:  "In  General  Assembly  Oct.  18,  1808,  Read  and  referred  to 
Mess*-  A.  Chaniberlin.  Hammond  &  Barney  to  join  a  Committee  from 
Council.  Attest  M.  Post  Clerk,"  and  the  sanie  being  read,  Resolved, 
That  M'-  Lyon  join  the  above  committee  of  the  house. 

Received  from  the  house  of  Representatives  a  resolution  referred  from 
the  last  session  of  the  Legislature,  relative  to  a  road  from  White  River 
to  Woodstock,  with  this  new  order  thereon:  ''In  General  Assembly  Oct. 
18,  1808.  Called  up  and  referred  to  M'  Luce,  D.  Dana  &  Brown  to  join 
a  Committee  from  (-ouncil.  Attest  M.  Post  Clerk,"  and  the  same  be- 
ing read,  Re.«^olved,  That  M'  Buckingham  join  the  above  Committee  of 
the  house. 

Received  from  the  house  of  Representatiyes  the  Petition  of  Charles 
Bulkley  and  others,  praying  relief  as  Trustees  of  Montpelier  academy, 
with  this  order  thereon:  *'In  General  Assembly  Oct.  18,  1.S08,  read  & 
referred  to  Mess*  Ware,  Putnam  iS:  Lynde  to  join  a  Committee  from 
Council.  Attest  M.  Post  Clerk."  and  the  same  being  read,  Resolved, 
That  M'-  Keves  join  the  ab(»ve  Committee  of  the  house. 

Received  as  above  a  bill  referred  from  the  last  session  of  tlie  Legisla- 
ture, Entitled  an  act  in  addition  to  an  act  establishing  a  State  Bank,  with 
this  new  order  thereon:  ''In  General  Assembly  Oct.  18,  1808,  read  & 
referred  to  Mess«-  Collins,  Pratt.  Farrinirton.  Harnaid  &  S.  Wallace  to 
join  a  Committee  from  Council.  Attest  M.  Post  Clerk."  and  the  same 
beinir  read.  Resolved,  That  M'  Willoby  &  M^-  Dana  join  ihe  above 
Com**  of  the  house. 

Received  as  above,  a  bill  referred  from  the  last  session  of  the  Legisla- 
ture, Entitled  an  act  in  addition  to  and  amendment  of  an  act  constitutin*' 
the  Supreme  Court  of  Ju<licature  &c.  with  this  new  order  thereon:  **In 
General  Assembly  Oct.  18,  1808,  read  Sc  referred  to  Mess*  Griswold, 
Edmond  &  Marvin  tr)  join  a  Committee  from  Council.  A: test  M.  Post 
Clerk,"  and  the  same  being  read.  Resolved,  That  M""  Ellsworth  join 
the  above  Committee  of  the  house. 

Received  as  above,  a  bill  referred  fnmi  the  last  session  of  the  Legisla- 
ture, Entitled  an  act  in  amendment  of  an  act  incorporating  a  College  at 
Middlebury.  with  this  new  order  thereon:  ''In  General  Assembly  Oct. 
18,18^)8,  (;alled  up  &  referred  to  Mess*-  Linsley,  Patrick  and  Olin  to 
join  a  Committee  from  Council.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved.  That  M'-  Miler  join  the  above  Committee  of  the 
house. 

Received  from  the  house  of  Representatives  a  Memorial  against  the 
conduct  of  the  Directors  of  the  Vermont  State  Bank,  with  this  order 
thereon  :  *'  In  General  Assembly  Oct.  IH,  ISOS.  Read  &  referred  to 
Mes*-  Cameron,  Kinn(;  [Kinney,]  Thompson,  Ilinman  Sc  Dewey  to  join 
a  Committee  from  Council.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved,  That  M'-  Langdon  and  M^  Hatch  join  the  above 
Committ^*  of  the  house. 

Received  from  the  House  of  Representatives  a  bill  referred  from  the 
last  session  of  the  legislature.  Entitled  an  act  concerning  the  public 
lands  of  Deweysburgh,  nnd  a  Petition  Jiccompanying  the  same,  with 
this  order  on  each:  ''In  General  Assembly  Oct.  18,  1808.  Read  &  refer- 
red to  Mes*-  W.  Chamberlin,  Gaboon,  &  Palmer  to  join  a  committee 
from  Council.  Attest  M.  Post  Clerk,"  and  the  same  being  read.  Re- 
solved, That  M'-  Buckingham  join  the  above  Com«*  of  the  house. 
Adjourned  to  2  Oclock  P.  M. 

2  O'clock  P.  M. — Received  from  the  house  of  Representatives  sev- 
eral Petitions,  to  wit,  one  from  John  Wheelock  &  W"-  H.  Woodward, 


202  Governor  and  Council — October  1808. 

agents  of  the  Trustees  of  Dartmouth  College  &  Moore's  Charity  school, 
relative  to  a  suit  instituted  in  the  name  of  the  State  to  repeal  the  Char- 
ter of  Wheelock,  with  this  order  thereon:  "In  General  Assembly  Oct 
19, 1808,  Read  &  Referred  to  Mess*  Morris,  Olin,  W.  Chamberlin,  Cam- 
eron and  Pratt,  to  join  a  Committee  from  Council.  Attest  M.  Post 
Clerk,"  and  the  same  being  read.  Resolved,  That  M'-  Lyon  join  the 
above  Commitee  of  the  house.  Also,  The  Petition  &  Remonstrance  of 
Elias  Buell  against  the  proceedings  of  the  Militia  stationed  at  Burljng- 
ton,  and  praying  relief,  with  this  order  thereon:  **In  General  Assembly 
Oct.  19,  1808,  Read  &  referred  to  Mess*-  Morris,  Cameron  &  Rich,  to 
join  a  Comm"  of  the  Council.  Att.  M.  Post  Clerk,"  and  the  same  be- 
ing read,  Resolved,  That  M^-  Willoby  join  the  above  Committee  of  the 
house.  Also,  one  from  Rufus  Flint  praying  to  be  relieved  from  a  mis- 
take in  not  recording  his  proceedings  as  Collector  of  the  Cent  Tax  on 
Braintree,  with  this  order  thereon:  ''In  General  Assembly  Oct.  19, 1808, 
Read  and  referred  to  to  the  joint  Committee  on  the  Petition  of  Caldwell 
Moore.  Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To 
concur  with  the  house  in  their  said  reference.  ALso,  one  from  Asa 
Bulkley  and  others  praying  for  the  grant  of  a  lottery  for  the  purpose  of 
erecting  a  Bridge  over  the  Missisquoi  River,  with  this  order  thereon: 
**  In  General  Assembly  Oct.  19,  1808,  Read  &  referred  to  Mes*-  Water- 
man, Blodget  &  Going  to  join  a  Committee  from  the  Council.  Attest 
M.  Post  Clerk,"  and  the  same  being  read,  Resolved,  That  M^-  Dana  join 
the  above  Committee  of  the  house.  Also,  one  from  Benjamin  Bell,  for 
a  ferry  across  Lake  Champlain,  with  this  order  thereon:  '*In  General 
Assembly  Oct.  19, 1808,  Read  &  referred  to  Mess*-  Bailey,  Porter  «&  Hol- 
den  to  join  a  Committee  from  the  Council.  Attest  M.  Post  Clerk,"  and 
the  same  being  read.  Resolved,  That  Mr  Willoby  join  the  above  Com- 
mittee of  the  house. 

On  Motion  of  M'-  Lyon,  Resolved,  That  he  be  discharged  as  a  Com- 
mittee from  the  Council  on  the  Petition  of  Asa  Wheelock,  and  that  Mr 
Keyes  be  appointed  in  his  room. 

Received  from  the  house  of  Representatives,  Petitions  from  the 
Towns  of  South  Hero  and  Middle  Hero,  praying  for  the  privilege  of  two 
Representatives  in  the  General  Assembly,  with  this  order  on  each:  "  In 
General  Assembly  October  19*'*'  1808,  Read  &  referred  to  the  joint  Com- 
mittee on  the  Petition  of  Asa  Wheelock.  Attest  M.  Post  Clerk,"  and 
the  same  being  read,  Resolved,  To  concur  with  the  house  in  their  said 
reference. 

Received  from  the  house  of  Representatives  sundry  Petitions,  to  wit, 
One  from  the  heirs  of  Ebenezer  Williams  praying  for  a  hearing  before 
the  Judge  of  Probate  of  Hartford  District,  with  this  order  thereon:  '*  In 
General  Assembly  Oct.  19,  1808,  Read  &  Referred  to  Mess*-  P.  Smith, 
Dewev  Sc  Norton,  to  join  a  Committee  from  the  Council.  Attest  M. 
Post  Clerk,"  and  the  same  being  read.  Resolved,  That  M'-  Chittenden 
join  the  above  Com<^«  of  the  house.  One,  from  the  SelectnAn  of  the 
Town  of  Waterford,  prayinj;  for  an  act  to  legalize  their  town  records, 
with  this  order  thereon:  ''In  General  Assembly  Oct.  19,  1808,  Read  & 
referred  to  Mess*-  Aldrich,  Fisk  &  E.  Walker  to  join  a  Com*  from  the 
Council.  Attest  M.  Post  Clerk,"  and  the  same  being  read,  Resolved, 
That  M*^-  Langdon  join  the  above  Committee  of  the  house.  One,  from 
Hugh  Henry  relative  to  the  conduct  of  the  Directors  of  the  State  Bank, 
with  this  order  thereon:  **ln  General  Assembly  Oct.  19, 1808,  Read  & 
referred  to  the  joint  Committee  on  the  memorial  of  John  P.  Williams. 
Att.  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur 
with  the  house  in  their  said  reference.  One,  from  Joseph  Farrar,  for 
relief  on  a  Judgment  in  favor  of  the  State  against  him,  with  this  order 


Governor  and  Council — October  1808.  203 

thereon:  **In  General  Assembly  Oct.  19,1808,  Read  <&  referred  to  the 
joint  Committee  on  the  Petition  of  Mary  Giles.  Attest  M.  Post  Clerk," 
and  the  same  being  read,  Resolved,  To  concur  with  the  house  in  their 
said  reference. 

Received  from  the  house  of  Representatives  sundry  Petitions,  to  wit. 
One  for  a  Land  Tax  on  Duncansboro  [Newport,]  with  this  order 
thereon:  **  In  General  Assembly  Oct.  19,  1808,  Read  &  referred  to  the 
second  joint  land  Tax  Committee.  Attest  M.  Post  Clerk,"  and  the 
same  being  read,  Resolved,  To  concur  with  the  house  in  their  said  refer- 
ence. Also,  two  for  land  Taxes  on  Lutterloch  &  Coventr}',  with  this 
order  on  each:  "In  General  Assembly  Oct.  19, 1808,  Read  &  Referred 
to  the  third  joint  land  Tax  Committee.  Attest  M.  Post  Clerk,"  and  the 
same  being  read.  Resolved,  To  concur  with  the  house  in  their  said  refer- 
ence. Also,  one  from  Asa  Bulkley  praying  compensation  for  appre- 
hending Samuel  I.  Mott,  a  murderer;  one  from  Johnson  Richardson,  for 
payment  of  sundries  furnished  Cap*  John  Vincent,  a  Poor  Indian;  and 
one  from  Silas  Alger  [jr.]  &  others  for  compensation,  in  apprehending 
Israel  Everett,  with  this  order  on  each:  ''In  General  Assembly  Oct.  19, 
1808,  Read  &  referred  to  the  joint  Committee  of  Claims.  Attest  M. 
Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur  with  the 
house  in  their  said  reference.  Also,  one  from  Silas  Hathaway,  for  an 
act  to  suspend  civil  process  against  him  for  seven  years,  with  this  order 
thereon:  '*  In  General  Assembly  Oct.  19,  1808,  read  &  referred  to  the 
joint  Committee  of  Suspension.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved,  To  concur  with  the  house  in  their  said  reference. 
Also,  Petitions  for  the  grant  of  Turnpike  roads  from  Burke  to  Canada 
line,  from  the  mouth  of  the  1*-  Branch  of  White  River  to  Washington, 
and  one  for  an  additional  toll  to  the  Randolph  Turnpike,  with  this  order 
on  each:  *"  In  General  Assembly  Oct.  19, 1808,  Read  &  referred  to  the 
joint  Turnpike  Com«^-  Att.  M.  Post  Clk."  and  the  same  being  read, 
Resolved,  To  concur  with  the  house  in  their  said  reference. 

Adjourned  *to  9  O'clock  Tomorrow  morning. 


Thursday  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  of  Representatives  a  remonstrance  from  the 
Inhabitants  of  Weathersficld  against  granting  a  Turnpike  road  from 
Springfield  to  Chester,  with  this  order  thereon:  ''In  General  Assembly 
Oct.  19, 1808,  Read  &  referred  to  the  joint  Turnpike  Committee.  At- 
test M.  Post  Clerk,"  and  the  same  being  read,  Resolved,  To  concur 
with  the  house  in  their  said  reference. 

Received  from  the  house  of  Representatives  a  Petition  from  the  Town 
of  Stowe  praying  to  have  the  division  of  lands  in  said  town  ratified,  and 
a  Petition  from  the  Town  of  Lincoln  for  a  Land  Tax  on  Bristol,  with 
this  order  on  each:  "In  General  Assembly  Oct.  19,  1808.  Read  and 
referred  to  the  first  joint  land  tax  Committee.  Attest  M.  Post  Clerk," 
and  the  same  being*  read.  Resolved,  To  concur  with  the  house  in  their 
aaid  reference. 

Received  from  the  house  of  Representatives  an  act  to  revive  part  of 
an  act  laying  a  tax  on  the  Town  of  Navy  [Charleston]  and  Random 
[Brighton;]  an  act  in  addition  to  an  act  laying  a  tax  of  two  cents  per 
acre  on  the  town  of  Stamford;  and  an  act  to  revive  an  act  laying  a  tax 
on  Enosburgh  Gore,  with  this  order  on  each:  "In  General  Assembly 
Oct.  19, 1808,  Read  and  referred  to  the  second  joint  land  Tax  Commitee. 


204  Governor  and  Council — October  1808. 

Att.  M.  Post  C!k."  and  the  same  being  read.  Resolved,  To  concur  with 
the  hniisf  in  their  said  reference. 

The  Conimitteci  to  whom  was  referred  tlie  bill  Entitled  **an  act  altering 
the  n:ime  of  Elijah  Stehbins  Johnson  to  that  of  Lovwell  Johnson," 
reported  that  the  same  <»ught  to  |)ass,  which  report  was  not  accepted, 
and  on  motion  of  M'-  Langdon,  Resolved,  To  nonconcur  with  the  house 
in  passing  the  same  into  a  law,  and  Ordered,  That  M'-  Langdon  inform 
the  house  of  the  reasons  of  the  Governor  &  Council  for  such  nonconcur- 
rence.  The  same  bill  was  directly  returned  from  the  house  of  repre- 
sentatives, ai^ain  passed,  &  sent  up  for  revision  and  concurrence  or 
proposjfis  of  amendment,  and  on  motion.  Resolved,  To  concur  witii  the 
bouse  in  passing  said  bill  into  a  law. 

Adjourned  to  2  OY«lk  P.  M. 

2  O'clock  P.  M. — Received  from  the  house  of  Representatives  the 
following  message  in  writing:  -In  General  Assembly  Oct.  19,  1808, 
Resolved  that  this  house  concur  with  the  Governor  «fe  Council  in  their 
proposed  amendment  to  the  rest)lution  apf)ointing  a  time  for  the  election 
of  a  Senator,  And  the  resolution  a])pointing  a  lime  for  the  election  of  the 
Judges  of  the  Supreme  Court,  And  the  resolution  appointing  a  time  lor 
the  Leij:islature  to  meet  in  County  ('onventions  for  the  nominati(»n  of 
County  otRcers,  and  in  Joint  ('ommittiM*  tor  the  Khjction  of  such  Officers. 
Extract  from  the  Journals.     Att.  M.  P<>st  Clerk." 

AP-  Hutchinson,  from  the  house,  informed  the  Governor  and  Council 
that  the  house  of  Representatives  were  now  ready  in  their  room  to  pro- 
ceed to  balh»t  for  a  Senator  to  Congress,  according  to  the  concurrent 
resolution  of  both  houses.  Ordered,  That  the  Secretary  infr»rm  the 
house  of  Representatives  that  the  Governor  «&  CouiKril  are  also  ready  in 
their  Chamber  to  proceed  to  l)allot  for  a  Senator  tr)  Congress  according 
to  the  concurrent  resolution  of  both  houses. 

Resolved.  That  the  Governor  and  C»)uncil  do  now  proceed  to  ballot 
f(»r  some  suitable  person  as  Senator,  to  re|)resent  this  State  in  the  Con- 
gress of  the  United  States  for  six  years  from  and  after  the  third  day  of 
March  next,  |)ursuant  to  the  concurrent  resojution  of  both  houses.  And 
the  ballots  l)eing  taken,  sorte<l  &  counted.  The  Ilon''^*  Daniel  Ciiipman 
Esquire  had  a  mnjoritv  of  all  the  votes  and  was  declared  duly  elected  on 
the  part  of  the  Council.  M*"-  Hutchinson,  from  the  House  of  Represent- 
atives, informed  the  Governor  and  (,-ouncil  that  the  House  had  com- 
pletcMl  balloting  for  a  Senator  &c.  an<l  were  now  ready  to  meet  the  Gov- 
ernor &  Council  in  the  Ri^presentatives'  room  for  the  purpose  of  com- 
paring nominations  and  proceeding  agre<*ably  to  law.  The  Governor 
and  Council  accordingly  i)roc«eeded  to  the  Representatives'  room,  when 
the  above  proceedings  of  the  Governor  &  ('ouncil  were  read  by  their 
Secretary,  and  also  the  procee(lings  ol  the  House  of  Rej)resentative8  as 
follows  by  their  Clerk:  -  In  General  Assembly  Oct.  20,  ISOS,  Pursuant 
to  the  concurrent  res<»lution  ot  both  houses  of  the  V.i^^  Instant,  the  Gen- 
eral Assembly  ])roceeded  to  ball<»t  for  a  person  to  represent  this  Stale  in 
the  Senate  of  the  United  States  for  six  years  trom  and  after  the  third 
day  of  March  next.  The  ballots  being  taken,  sorted  Si  counted.  The 
Hon^  Jonathan  Robinson  Es(i'"-  was  duly  elected  on  the  part  of  the  Gen- 
eral Assembly.  Extract  from  the  Journals,  Att(?st  M.  Post  Clerk." 
And  it  thereupon  appearing  that  the  two  houses  ditVered  in  thiar  nomin- 
ations, both  branches  then  proceeded  in  joint  Committee  to  ballot  for 
some  suitable  person  as  Senator  as  aforesaid.  An<l  the  ballots  being 
taken,  sorted  &  counted.  The  Hon'  Jonathan  Robinson  Esquire  had  a 
majority  of  all  the  Votes  and  was  declared  duly  elected.  The  Gover- 
Dof  &  Council  then  met  the  house  in  joint  Committee,  pursuant  to  the 


Oovernor  and  Council —  October  1808.  205 

concurrent  resolution  of  both  houses,  for  the  purpose  of  electing  Judges 
of  the  Supreme  Court  of  Judicature  «fc  Court,  of  Cluiucery  for  the  year 
ensuing,  and  the  ballots  beiiii:  taken,  sorted  &  counted.  The  Hon^- 
Koyall  Tyler  Esq'  was  duly  elected  Chief  Judge,  and  IIou>-  Theophilus 
Herrentou  [Harrington]  &  Jonas  Gaiusha  Esquires  Side  or  Assistant 
Judges.     The  Governor  *&  Council  tiien  returned  to  their  Chamber. 

The  Ilon^-  Samuel  Fletcher  Esq""-  appeared  in  the  C<»uncil  Chamber, 
signified  his  acceptance  of  the  olfice  of  Councillor,  to  which  he  had  been 
elected  by  the  Freemen,  took  &  subscribed  the  necessary  oaths,  and  was 
admitted  to  a  Seat. 

Adjourned  untill  9  o'clock  Tomorrow  morning. 


Friday  October  '2V- 1808,  9  O'clk  A.  M. 

The  Council  met  f)ursuant  to  adjournment. 

Pursuant  to  the  concurrent  resolution  of  both  lumses,  the  Governor 
and  Council  jiroceeded  to  the  Representatives'  room,  and  met  the  house 
in  joint  Committee  to  receive  tlie  nominations  of  Countv  officers  and 
make  the  appointments  of  the  same,  and  als(>  to  elect  a  Surveyor  Gen- 
eral, and  bavins:  progressed  in  the  same,  the  joint  Committee  was  ad- 
journed untill  Wednesday  mornini^  next,  at  the  opening  of  the  house.* 

Received  from. the  house  of  Representatives  the  Petition  of  Mitchell 
Corliss,  praying  for  an  act  to  suspend  civil  process  ngainst  him  for  the 
term  of  seven  years,  and  one  from  W'"-  Champlin  for  an  act  to  sus))end 
civil  process  against  him  for  five  years,  with  this  order  on  each:  ''In 
General  Assembly  Oct.  iiO,  1808,  Read  c^c;  referred  to  the  joint  Committee 
of  suspension.  Attest  M.  Post  Clerk,''  and  the  same  being  read.  Re- 
solved. To  concur  with  the  house  in  their  said  reference. 

Received  from  the  Hr)use  of  Representatives  sundry  Petitions,  to  wit, 
One  for  a  land  tax  on  Kingston  [Granville.]  with  this  order  thereon:  'In 
General  Assemblv  Oct.  20,  180S,  Read  and  referred  to  the  Second  joint 
land  tax  Committee.  Attest  M.  Post  Clerk.'*  and  the  same  being  read. 
Resolved,  To  concur  with  the  house  in  their  said  reference.  Also,  One 
for  establishing  a  branch  of  the  State  Rank  at  S*  Albans,  with  this  order 
thereon:  '•In  Generid  Assembly  C)ct.  9.0,  ISOS,  Read  and  leferred  to  the 
joint  Committee  ofi  the  bill  in  addition  to  an  act  estahlishing  the  State 
Bank.  Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To 
concur  with  the  house  in  their  said  reference.  Also,  one  from  Jacob 
Davis,  for  relief  in  his  proceedings  as  Collector  (»f  a  land  tax,  with  lliis 
order  thereon:  "In  General  Assembly  Oct.  20,  1808,  Read  and  referred 
to  the  joint  Cr>mmittee  on  the  Petition  of  Caldwell  Moore.  Attest  M. 
Post  Clerk,"'  and  the  same  being  read,  Resolved,  To  concur  with  the 
house  in  their  said  reference.  Also,  one  from  sundry  Inhabitants  of 
Richmond  for  an  alteration  in  the  Winooski  Turnpike  Road:  One  tor  a 
Turnpike  road  fnnu  Shoreham  to  Burlington;  an  act  in  addition  to  and 
alteration  of  an  act  establi>hlng  the  Windham  Turnpike  Company  &c. ; 
and  an  act  in  addition  to  and  alteration  of  an  act  supplementary  to  an 
act  incorporating  certain  persons  by  ih(?  name  of  tlie  Weatherstield 
Turnpike  Company,  with  this  order  on  each:  '*  In  General  Assembly 
Oct.  20,  1808,  Read  and  referred  to  the  joint  Tuinpike  Committee.  At- 
test M.  Post  Clerk,*'  and  the  same  being  read.  Resolved,  To  goncur  with 
the  house  in  their  said  reference.  Also,  The  l*etition  of  John  Taplin 
for  relief  in  a  certain  case  therein  mentioned;  the  Petition  of  Daniel 
Peasley  for  relief  as  Collector  of  Tunbridge  Gore,  and  a  Petition  from 


*  Joseph  Beenian  jr.  was  elected  Surveyor  General. 


206  Governor  and  Council — October  1808, 

Thomas  Gustin,  for  payment  for  loss  of  land  bought  of  Thomas  Chand- 
ler, Commissioner  for  the  sale  of  confiscated  Estates,  with  this  order  on 
each:  "In  General  Assembly  Oct.  20,  1808,  Bead  and  referred  to  the 
joint  Committee  of  Claims.  Attest  M.  Post  Clerk,''  and  the  same  be- 
ing read,  Resolved,  To  concur  with  the  house  in  their  said  reference. 
Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — Received  from  the  house  of  Representatives  sun- 
dry Petitions,  to  wit,  The  Petition  of  Samuel  Frizzle,  praying  compen- 
sation for  arresting  certain  counterfeiters,  with  this  order  thereon:  "In 
General  Assembly  Oct.  20,  1808,  Read  &  referred  to  Mess*-  P.  Smith, 
Griswold  &  T.  Hutchinson,  to  join  a  Committee  from  the  Council,  to 
take  into  consideration  the  propriety  of  passing  a  General  act  on  the 
s'ubject.  Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved, 
That  M'*  Fletcher  join  the  above  Committee  of  the  house.  Also,  the 
Petition  of  William  Trotter  for  legislative  aid  in  erecting  a  Cotton  & 
Woolen  manufactory,  with  this  order  thereon:  "In  General  Assembly 
Oct.  20, 1808,  Read  and  referred  to  joint  Committee  on  the  Petition  of 
Tho»  Todd  &  Son.  Attest  M.  Post  Clerk,"  and,  the  same  being  read. 
Resolved,  To  concur  with  the  house  in  their  said  reference.  Also,  the 
Petition  of  David  Ormsby  &  Gideon  Ormsby  for  a  new  trial  in  the  case 
of  Samuel  Hitchcock  and  others  against  Jon'-  Ormsbv  deceased,  with 
this  order  thereon:  "  In  General  Assembly  Oct.  20,  1808,  Read  and  re- 
ferred to  Mess*-  T.  Hutchinson,  Hunter  &  Flagg,  to  join  a  Committee 
from  the  Council.  Attest  M.  Post  Clerk,"  and  the  same  being  read, 
Resolved,  That  M""-  Buckingham  join  the  above  Committee  of  the 
house. 

Received  from  the  house  of  Representatives  sundry  Petitions,  to  wit. 
The  Petitions  of  the  Inhabitants  of  Bradford,  relative  to  the  jurisdic- 
tional line  of  said  town,  with  this  order  thereon:  '•  In  General  Assem- 
bly Oct  20, 1808,  Read  and  referred,  together  with  all  the  enclosed  and 
accomnanying  Papers,  to  Mess*-  Barney  and  Luce  to  join  a  Committee 
from  tne  Council.  Attest  M.  Post  Clerk,"  and  the  same  being  read. 
Resolved,  That  M*"  Fletcher  &  M^-  Hatch  join  said  Com®  of  the  house. 
Also,  The  Petition  of  Bradley  «&  Moses  Wilson  for  a  relief  on  a  recog- 
nizance by  them  entered  into,  with  this  order  thereon:  "  In  general  As- 
sembly Oct.  21,  1808,  Called  up  &  referred  to  the  joint  Committee  on 
the  petition  of  Mary  Giles.  Attest  M.  Post  Clerk,"  and  the  same  being 
read,  Resolved,  To  concur  with  the  house  in  their  said  reference.  Also, 
The  Petition  of  Benj*  Brock,  for  relief  as  first  Constable  of  New- 
bury, against  the  land  Tax  of  last  session,  with  this  order  thereon:  "  In 
General  Assembly  Oct.  21,  1808,  Read  and  Referred  to  the  ioint  Com- 
mittee on  the  Petition  of  Caldwell  Moore.  Attest  M.  Post  Olerk,"  and 
the  same  being  read.  Resolved,  To  concur  with  the  house  in  their  said 
reference.  Also,  The  Petition  of  Benj*  Brock,  First  Constable  of 
Newbury,  for  relief  against  a  mistake  of  the  Grand  list  of  said  Town  of 
1807,  with  this  order  thereon:  ''  In  Gen>  Assembly  Oct.  21, 1808,  Read 
&  referred  to  the  joint  Committee  of  Claims.  Attest  M.  Post  Clerk," 
and  the  same  being  read.  Resolved,  To  concur  with  the  house  in  their 
said  reference.  Also,  The  Petition  of  the  Inhabitants  of  Middlebury 
falls,  for  the  Incorporation  of  a  Fire  Company,  with  this  order  thereon: 
**  In  General  Assembly  Oct.  21, 1808,  Read  &  referred  to  Mess*-  Fergu- 
son, Hoyt  &  Shepard  to  join  a  Committee  from  the  Council.  Attest  M. 
Post  Clerk,"  and  the  same  being  read.  Resolved  That  M^-  Fletcher  join 
the  above  Committee  of  the  house.  Also,  The  Petition  of  the  Waltham 
Turnpike  Company  for  an  alteration  in  said  road,  with  this  order 
thereon:  "In  General  Assembly  Oct.  21,  1808,  Read  &  referred  fjo  the 


Q-ovemar  and  Council — October  1808.  207 

joint  Tumpikfe  Committee.  Attest  M.  Post  Clerk,"  and  the  same  being 
read.  Resolved,  To  concur  with  the  house  in  their  said  reference.  Also, 
the  Petition  of  Israel  Grosvenor,  praying  compensation  for  time  em- 
ployed in  detecting  counterfeiters,  with  this  order  thereon:  "In  General 
Assembly  Oct.  21,  1808,  Read  &  referred  to  the  joint  Committee  on  the 
Petition  of  Samuel  Frizzle.  Attest  M.  Post  Clerk,"  and  the  same  be- 
ing read.  Resolved,  To  concur  with  the  house  in  their  said  reference. 

In  Council,  at  Montpelier,  October  21''  1808. 

Present  His  Honor  Paul  Brighara  Esq*"-  L'-  Governor;  Of  the  Council, 
The  Hon*»*«-  Elias  Keyes,  Chauncey  Langdon,  Daniel  Chipman,  Solomon 
Miller,  Zerah  Willoby,  Asa  Lyon,  Samuel  Fletcher,  Reuben  Hatch, 
Jed.  P.  Buckingliam,  Daniel  Dana,  John  Elsworth  &  Noah  Chittenden, 
Esq'*-  William  Page  Jun'-  SecJ'-  Jos.  Armington  Sheriflf.  The  L*-  Gov- 
ernor &  Council  took  under  consideration  the  Petition  of  Abel  Piatt  of 
Rutland,  stating  That  at  the  Supreme  Court  of  Judicature,  begun  & 
holden  at  Rutland,  within  &  for  the  County  of  Rutland  on  the  Tuesday 
next  following  the  Fourth  Tuesday  of  January  A.  D.  1808,  he  was  in- 
dicted and  convicted  of  the  crime  of  counterfeiting  Bank  Bills,  and  was 
sentenced  to  b>B  whipped  thirty  nine  stripes,  and  pay  a  fine  of  ten  dol- 
lars with  costs  of  prosecution,  that  the  s**-  whipping?  has  been  inflicted, 
and  the  s**-  fine  and  costs  secured,  that  the  8<*  Petitioner  is  allmost 
wholly  destitute  of  property,  is  fifty  seven  years  old,  has  an  infirm  wife 
and  five  small  children,  and  praying  that  the  only  stain  upon  his  hith- 
erto fair  reputation  may  be  removed,  and  that  this  Honorable  body 
would  pardon  the  disabilities  consequent  to  the  aforcs^  conviction  and 
infamous  Punishment.^  And  after  hearing:  evidence  on  the  part  of  said 
Petitioner  and  Counsel  in  his  behalf,  on  motion  of  M'-  Langdon,  Or- 
dered, That  the  further  consideration  of  the  foregoing  Petition  be  re- 
ferred to  the  next  session  of  the  Governor  &  Council. 

Adjourned  to  9  O'clock  Tomorrow  morning.  • 


Saturday,  October  22"^.  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  of  Representatives  sundry  Petitions,  to  wit, 
A  Petition  from  the  town  of  Barton  for  a  land  tax  on  said  Town,  with 
this  order  thereon:  ''  In  General  Assembly  Oct.  21,  1808,  Read  & 
referred  to  the  third  joint  land  tax  Committee.  Attest  M.  Post  Clerk," 
and  the  same  being  read,  Resolved,  To  concur  with  the  house  in  their 
said  reference.  Also,  the  Petition  of  Silas  Remington  to  be  restored  to 
his  law,  with  this  order  thereon:  ''In  General  Assembly  Oct.  21  1808, 
Read  and  referred  to  Mess*  Galusha,  Danforth  &  Graves  to  join  a  Com- 
mittee from  Council.  Attest  M.  Post  Clerk,"  and  the  same  being 
read,  Resolved,  That  M'  Buckingham  join  the  above  Committee  of  the 
house.  Also,  The  Petition  of  the  town  of  Barton  for  a  right  of  land 
granted  to  John  Paul  Jones,*  with  this  order  thereon:  ''In  General 
Assembly  Oct.  21,  1808.  Read  and  referred  to  Mess*  Barney,  Camp- 
bell, &  R.  Parker  to  join  a  Committee  from  Council.  Attest  M.  Post 
Clerk."  and  the  same  being  read.  Resolved,  That  M""  Fletcher  join  the 
above  Committee  of  the  house. 

Received  from  the  house  of  Representatives  an  act  directing  the 
Treasurer  to  pay  Benj»-  Miner  Ju'-  the  sum  therein  mentioned,  with 
this  order  thereon:  "In  General  Assembly  Oct.  21,  1808.  This  bill  was 
brought  in  on  motion  &  leave  of  M^-  Rich,  read  &  n;ferred  to  the  joint 
Committee  of  Claims.  Attest  M.  Post  Clerk,"  and  the  same  being  read. 
Resolved,    To  concur  with  the  house  in  their  said  reference. 

'  Not  the  admiral,  but  a  Scotchman  of  Rhode  Island. 


208  Governor  and  Council — October  1808. 

Received  from  tlie  house  an  account  in  favor  of  Joseph  ^dson  against 
the  State,  with  tliis  order  thereon:  ''In,  General  Assembly  Oct.  21. 
1808.  Read  &  referred  to  the  joint  Committee  on  the  Petition  of  Sam^ 
Frizzle.  Attest  M,  Post  Clerk,"  and  the  same  being  read,  Resolved, 
To  concur  with  the  house  in  their  said  reference. 

Received  from  the  house  of  Representatives  sundry  Petitions,  to  wit. 
The  Petition  of  John  McMurphy,  praying  for  an  act  freeing  his  body 
from  arrest  for  the  term  of  five  years,  with  this  order  thereon:  *'In 
General  Assembly,  Oct.  21,  1808.  Read  and  referred  to  the  joint  Com- 
mittee of  suspension.  Attest  M.  Post  Clerk,"  and  the  same  being  read. 
Resolved,  To  concur  with  the  house  in  their  said  refeience.  Also  The 
Petition  of  John  13.  Catlin  &  W"»-  Fuller  for  an  alteration  in  the  Fair- 
haven  Turnpike  road,  with  this  order  theron:  "In  General  Assembly 
Oct.  21,  1808.  Read  and  referred  to  the  joint  Turnpike  Committee. 
Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur 
with  the  house  in  their  said  reference.  Also,  the  Peliti<m  of  E.  Beards- 
ley  &  E.  Hatch  for  the  exclusive  privilege  of  keeping  a  ferrv  from 
TSiid<lle  Hero  to  Xorth  Hero,  with  this  order  thereon:  ''In  fteneral 
Assembly  Oct.  21,  1S08.  Read  &  Referred  to  the  joint  Committee  on 
the  Petition  of  Henj*  Jiell.  Attest  M.  Post  Clerk,"  and  the  same  being 
read.  Resolved,     To  concur  with  the  house  in  their  said  reference. 

In  Coun'CIL,  at  Montpelier,  October  22,  1808. 

Present,  His  Honor  Paul  Brigham,  Esq'-  L*  Governor;  Of  the  Council, 
The  lIon^>«  Elias  Keyes,  Chauncey  Langdon,  Danic*l  Chipman,  Solomon 
Miller,  Zerah  Willoby.  Asa  Lyon,  Sanniel  Fletchyr,  Reuben  Hatch,  Jed. 
P.  Buckirgham,  Daniel  Dana,  and  >»'oah  Chittenden,  Esquires.  Wil- 
liam Page,  Jun""  Secretary,  Jos.  Armington,  Sheriff.  The  I>  Governor 
and  Council  took  under  consideration  the  Petition  of  Beniah  Wood- 
ward, stating  that  at  an  adjourned  term  of  the  Su|)reme  Court  of  Judica- 
ture becrun  cV:  held  at  W^)odst()ck.  within  tV:  for  the  Countv  of  Windsor 

on  the day  of  September  A.  D.  1807.  the  said  Petitioner  was  tried 

&  convict<Hl  on  an  indictment  for  passing  counterfeit  Bank  Bills,  and 
was  then  and  there  sentenced  by  said  Couit  among  other  tilings  lo  be 
whipped  on  the  naked  back  thirty  nine  stri})es,  to  be  imprisoned  two 
years,  pay  a  fine  of  ten  dollars,  together  with  costs  of  pi-oseeulion  taxed 
at  ;?30,87,  and  stand  committed  untill  sentence  be  complied  with;  that 
the  corporeal  ])art  of  said  punishment  has  been  inflicted  upon  said  Peti- 
tioner, that  by  repealed  misfortunes  he  is  reduced  to  indigent  circum- 
stances, that  his  health  is  much  impaired  by  long  confinement,  that  l)is 
wife  is  infirm  and  unable  to  support  herself,  that  his  aged  Parents  are 
poor  and  unable  to  support  themselves,  and  must  together  with  his 
wife  &  (children  be  chargeable  to  Society,  unless  the  said  Petitioner  is 
liberated  from  confinement;  that  th(!  s'^  J*etitioner,  being  seduced  bv 
evil  minded  men,  had  just  commenced  the  nefarious  trafiic  for  which  he 
nowsufl'ers.  and  that  in  the  whole  course  of  his  life  he  had  never  passed 
more  than  fifteen  dollars  of  counterfeit  money;  and  Praybuj  this  Houor- 
abie  body  to  take  his  case  into  their  merciful  consideration,  and  grant 
him  relief,  by  remitting  and  pardoning  the  remainder  of  his  said  impris- 
onment, together  with  the  fine  »fc  cost  aforesaid.  And,  on  the  question, 
shall  the  remainder  of  the  imprisonment,  imposed  as  afores"-  by  the 
Court  afores^'  on  the  s*^  Beniah  Woodward,  be  pardoned  &  remitted, 
The  Yeas  &  nays  being  recpiired,  were  as  follows,  Yea,  M'"-  Willoby — 1. 
Nays.  M'-  Keyes,  M'  Langdon,  AP  C'hipman,  AP  Miller,  M*^-  Lvon,  AP- 
Fletcher,  Ap'llatch,  M'  Buckingham,  M'  Dana  &  M'-  Chittenden— 10. 
WHiereupon  after  hearing  evidence  on  the  Part  of  the  said  Petitioner 
and  Counsel  in  his  behalf  and  mature  deliberation  being  had  thereupon, 


Governor  and  Council — October  1808.  209 

It  is  Ordered  and  Adjudged,  That  the  remainder  of  the  imprisonment 
afore8<*»  imposed  by  tlie  Court  afores***  on  the  s<*  Beniah  Woodward  be 
not  pardoned  &  remitted,  and  on  Motion,  It  is  further  Ordered,  That 
the  said  Petitioner  have  leave  to  \yithdraw  his  Petition. 
Adjourned  to  2  Oclock  P.  M. 

2  O'clock  P.  M. — An  Engrossed  Bill,  passed  in  the  house  of  Repre- 
sentatives, Entitled  An  act  to  suspend  civil  process  against  George 
Sturtevant  for  the  term  of  five  years,  was  sent  up  for  revison  and  con- 
currence or  proposals  of  amendment,  and  the  same  being  read,  Re- 
solved, To  concur  with  the  house  ih  passing  said  bill  into  a  law. 

Received  from  the  house  of  Representatives  sundry  Petitions,  to  wit, 
The  Petition  of  John  Scott  &  W™-  Spencer  for  an  act  of  Insolvency, 
with  this  order  thereon:  ''In  General  Assembly  Oct.  22,  1808,  Read  & 
referred  to  Moss*-  Ormsbee.  A.  Robinson  &  W.  Child,  to  join  a  Com- 
mittee from  .the  Council.  Attest  M.  Post  Clerk,"  and  the  same  being 
read  Resolved,  That  M^-  Miller  join  the  above  Committee  of  the  house. 
Also,  The  Petition  of  Aaron  Porter  and  others,  for  the  grant  of  a  Turn- 
pike Road  from  Danville  Court  House  to  the  House  of  P.  Dow  in  Rye- 
gate,  with  this  order  thereon:  "In  General  Assembly  Oct.  22,  1808, 
Read  &  referred  to  the  joint  Turnpike  Committee.  Attest  M.  Post 
CFerk,"  and  the  same  being  read,  Resolved,  To  concur  with  the  house 
in  their  said  reference.  Also,  The  Petition  of  Aaron  Porter  and  others, 
for  a  Branch  of  the  State  Bank  at  Danville,  with  this  order  thereon:  **In 
General  Assembly  Oct'-  22,  1808,  Read  &  referred  to  the  joint  Com- 
mittee on  the  bill  in  addition  to  an  act  establishing  a  State  Bank. 
Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur 
with  the  house  in  their  said  reference.  Also,  the  Petition  of  Freeman 
Vining,  and  the  Petition  of  James  Bangs,  both  praying  for  compensa- 
tion in  apprehending  Counterfeiters,  with  this  order  on  each:  ''In  Gen- 
eral Assembly  Oct""  22,  1808,  Read  and  referred  to  the  joint  Committee, 
on  the  Petition  of  Sam^-  Frizzle.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved,  To  concur  with  the  house  in  their  said  reference. 

Adjourned  untill  9  Oclock  Monday  morning. 


Monday,  October  24»»»»  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment,  and  Adjourned  untill  2 
O'clock  P.  M. 

2  O'clock  P.  M. — Received  from  the  house  of  Representatives  the 
following  resolution:  "In  General  Assembly  Oct.  22,  1808.  Resolved 
that  that  part  of  the  Governor's  speech  relating  to  organizing  &  Gov- 
erning the  Militia  be  referred  to  a  Committee  of  three,  to  join  a  Com- 
mittee from  the  Council.  Members  chosen  from  the  house.  Mess*- 
Morris,  Cahoon  &  Norton.  Extract  from  the  Journals,  Attest  M.  Post 
Clerk,"  and  the  same  being  read.  Resolved,  That  M'-  Fletcher  join  the 
above  Committee  of  the  house.  Also,  this  resolution:  "In  General 
Assembly  Oct.  22, 1808.  Whereas  some  deficiency  is  supposed  to  exist  in 
the  Militia  laws  of  this  State,  relating  to  the  governing  part  thereof. 
Therefore  resolved.  That  a  Committee  of  three  members  be  appointed 
from  this  house  to  take  into  consideration  the  several  laws  of  this  State 
regulating  &  governing  the  Militia  thereof,  to  see  if  any  &  what  altera- 
tions ought  to  be  made  therein,  &  make  report  of  the  same  to  this  house. 
Introduced  by  M'-  Norton,  read  &  referred  to  the  joint  Committee  on 
that  part  of  the  Governor's   speech  relating   to  the  Militia.    Extract 

14 


210  Governor  and  Council — October  1808. 

from  the  Journals,  Attest  M.  Post  Clerk,"  and  the  same  being  read. 
Resolved,  To  concur  with  the  house  in  their  said  reference. 

Received  from  the  house  of  Representatives  accounts  in  favor  of  Dan*- 
Peaslee  and  others  against  the  State  for  services  rendered  in  appre- 
hending Counterfeiters,  with  this  order  thereon:  "In  General  Assembly 
Oct.  22,  1808.  The  enclosed  accounts  were  referred  to  the  joint  Com- 
mittee on  the  Petition  of  Sam*-  Frizzle.  Att.  M.  Post  Clerk,"  and  the 
same  being  read,  Resolved,  To  concur  with  the  house  in  their  said 
reference. 

Received  from  the  house  of  Representatives  a  Petition  from  the 
President  &  Directors  of  the  Hubbardlon  Turnpike  Company,  praying 
that  the  toll  on  pleasure  carriages  may  be  lowered,  with  this  order 
thereon:  "In  General  Assembly  Oct.  22,  1808.  Read  &  referred  to 
Mess*-  Rich,  Fisk  &  Crowley  to  join  a  Committee  from  Council.  Attest 
M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  That  M'-  Langdon 
join  the  above  Com*  from  the  house. 

Received  as  above  the  following  resolution:  "In  General  Assembly 
Oct.  22,  1808.  Resolved  that  his  Excellency  the  Governor,  by  and  with 
the  advice  of  Council,  be  requested  to  appoint  Thursday  the  eighth  day 
of  December  next  to  be  observed  as  a  day  of  public  Thanksgiving  and 
praise  throughout  this  State.  Extract  from  the  Journals,  Attest  ^. 
Post  Clerk,"  and  the  same  being  read.  Resolved,  That  the  Council 
advise  his  Excellency  to  issue  his  Proclamation  accordingly. 

Received  ftom  the  house  of  Representatives  the  Petition  of  Elihu 
Smith  and  others  for  a  division  of  the  town  of  Huntsburgh  [Franklin,] 
with  this  order  thereon:  "In  General  Assembly  Oct.  24,1808.  Read 
and  referred  to  Mess"-  Hubbard,  J.  Clai)p  &  Willoughby  to  join  a  Com- 
mittee from  the  Council.  Attest  M.  Post  Clk."  and  the  same  being 
read.  Resolved,  That  M'^Willoby  join  the  above  Committee. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Tuesday  October  25»*»'  1808,  9  Oclock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  again  from  the  house  oif  Representatives  the  Petition  of  Mary 
Giles,  with  this  new  order  thereon:  "In  General  Assembly  Oct.  24, 
1808.  Report  read  and  accepted.  Vote  reconsidered  &  the  Petition 
recommitted  to  the  same  joint  Committee.  Attest  M.  Post  Clerk."  and 
the  same  being  read.  Resolved,  To  concur  wiih  the  house  in  their  said 
recommittment. 

Received  from  the  house  of  Representatives  a  bill  referred  from  the 
last  session  of  the  Legislature  Entitled  an  act  granting  relief  to  Stephen 
Woodward,  with  this  order  thereon:  "In  General  Assembly  Oct,  24, 
1808.  Read  and  referred  to  the  joint  Committee  of  suspension.  Attest 
M.  Post  Clerk,"  and  the  same  being  read,  Resolved,  To  concur  with 
the  house  in  their  said  reference. 

An  Engrossed  bill,  passed  in  the  House  of  Representatives,  Entitled 
an  act  in  addition  to  and  alteration  of  an  act  laying  a  tax  of  three  cents 
per  acre  on  the  Township  of  Montgomery  &  three  cents  per  acre  on 
Avery's  Grant,  was  sent  up  for  revision  &  concurrence  or  proposals  of 
amendment,  and  the  same  being  read.  Resolved,  To  concur  with  the 
house  in  passing  said  bill  into  a  law. 

Received  from  the  house  an  account  in  favor  of  Joseph  Beeman  J^- 
Surveyor  General  against  the  State,  with  this  order  thereon:  "In  Gen- 
eral Assembly  Oct.  ^4, 1808.    Read  &  referred  to  the  joint  Committee 


Govtmor  and  Council —  October  1808,  211 

of  Claims.    Attest    M.  Post  Clk.''  and  the  same  being  read,  Resolved, 
To  concur  with  the  house  in  their  said  reference. 
Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — An  Engrossed  bill,  passed  in  the  house  of  Repre- 
sentatives, Entitled  An  act  to  free  the  body  of  William  Champlin  fVom 
arrest  and  imprisonment  on  civil  process  for  the  term  of  four  years  was 
sent  up  for  revision  &c.  &  being  read,  Resolved,  To  concur  with  the 
house  in  passing  said  bill  into  a  law. 

Adjourned  to  9  O  clock  Tomorrow  morning. 


Wednesday,  [Oct.  26, 1808,]  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  granting  a  reprieve  to  Cyrus  B.  Dean,'*  was  sent  up  for  revision 
and  concurrence  or  proposals  of  amendment,  and  the  same  being  read. 
Ordered,  That  the  same  be  referred  to  Mess*-  Chipman  &  Langdon. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment:  '*An  act 
alleriug  the  names  of  Samuel  Hogg,  Thomas  Hogg,  Robert  Hogg  and 
John  Hogg,"  and  "An  act  directing  the  Treasurer  to  credit  the  town  of 
Monkton  the  sum  of  seven  dollars  &  thirty  two  cents,"  and  the  same 
being  severally  read  and  considered.  Resolved,  To  concur  with  the  house 
in  passing  the  same  into  laws. 

Received  from  the  house  of  Representatives  the  Petition  of  Joseph 
Armington,  Sheriff*  of  Caledonia  County,  praying  remuneration  for  tne 
pa^'ment  of  several  sums  of  money  advanced  on  account  of  several  State 
prisoners,  with  this  order  thereon:  **In  Genenal  Assembly  Oct'-  25, 1808, 
Read  and  referred  to  the  joint  Committee  of  Claims.  Attest  M.  Post 
Clerk,"  and  the  same  being  read,  Resolved,  To  concur  with  the  house  in 
their  said  reference. 

Received  from  the  House  of  Representatives  a  bill  Entitled  "An  act 
to  revive  an  act  lavinjj  a  fax  on  the  town  of  Readsboro',"  with  this 
order  thereon:  "In  General  Assembly  Oct.  25,  1808,  This  bill  was 
brought  in,  on  motion  and  leave  by  M^-  Railey,  and  referred  to  the 
second  joint  land  Tax  Committee.  Attest  M.  Post  Clk."  and  the  same 
being  read.  Resolved,  To  concur  with  the  house  in  their  said  reference. 

Received  from  the  house  of  Representatives  a  Petition  from  sundry 
Inhabitants  of  Sherburne,  praying  relief  against  a  road  Tax  granted  last 
session  of  the  Legislature,  with  this  order  thereon:  "In  General  Assem- 
bly Oct.  24,  1808,  read  and  referred  to  Mess*-  Crowley,  Taber  &  J.  Leach, 
to  join  a  Committee  from  the  Council. .  Attest  M.  Post  Clk."  and  the 
same  being  read.  Resolved,  That  M'-  Keyes  join  the  above  Committee 
from  the  house. 

Received  from  the  house  of  Representatives  (he  Petition  of  Jos.  Bar- 
nett  and  others,  praying  for  the  grant  of  a  Turnpike  road  from  Newbury 
to  Craig's  Mills,  with  this  order  thereon:  "In  General  Assembly  Oct'- 
25,  1808,  Read  &  referred  to  tho  joint  Turnpike  Committee.  Attest  M. 
Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur  with  the 
house  in  their  said  reference. 

Pursuant  to  adjournment,  the  Governor  and  Council  proceeded  to  the 
Representatives^  room  and  met  the  house  in  joint  Committee  for  the 
purpose  of  compleating  the  elections  of  County  officers  for  the  year  en- 
suing, and  havmg  made  progress  therein,  the  joint  Committee  was 
adjourned  untill  Friday  next,  at  ten  O'clock  A.  M.  The  Governor  and 
Council  returned  to  their  Chamber  and  Adjourned  untill  2  O'clock  P.  M. 


212  Governor  and  Council — October  1808, 

2  O'CLOCK  P.  M.— The  Hon"*-  Royall  Tyler  appeared  in  the  Council 
chamber  and  took  the  necessary  oatns  as  Chief  Judge  of  ihe  Supreme 
Court  of  Judicature  &  Court  of  Chancery  for  the  year  ensuing. 

Received  from  the  house  of  Representatives  a  bill  entitled  An  act 
establishing  a  Corporation  by  the  name  of  the  Vergennes  and  Willsboro 
[N.  Y.]  Turnpike  Company,  with  this  order  thereon:  "'  In  General  As- 
sembly Oct'- 26, 1808,  Read  and  recommitted  to  the  joint  Turnpike  Com- 
mittee for  the  purpose  of  filling  the  blanks.  Attest  M.  Post  Clk."  and 
the  8<*  order  being  read,  Resolved,  To  concur  with  the  house  in  said  re- 
committment. 

The  Committee  appointed  on  the  bill  Entitled  *'An  act  granting  a 
reprieve  to  Cyrus  B.  Dean,"  reported  that  the  same  ought  to  pass  with 
sundry  amendments.  On  Motion,  M'-  Amos  Marsh  &  M*"-  Bates  Turner 
were  admitted  and  heard  as  counsel  on  the  part  of  t<aid  Dean.  The 
yeas  &  nays  being  required  on  the  passage  of  said  bill,  with  the  amend- 
ments proposed,  were  as  follows:  Yeas,  M'  Langdon,  M'-  Miller,  M'- 
Willoby,  M'-  Fletcher,  M'-  Dana  &  M'-  Els  worth— 6;  Nays,  M'-  Brigham, 
M'-  Keyes,  M'-  Chipman,  M'-  Lyon,  M'-  Hatch,  M*^-  Buckingham  &  M'- 
Chittenden — 7  :  so  the  s^  bill  was  noncoucurred  as  amended,  and  on 
motion,  Ordered,  That  the  same  lie  on  the  table  untill  tomorrow  morn- 
ing. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Thursday  October  27*»»'  1808,  9  O'clock  A,  M. 

The  Council  met  pursuant  to  adjournment. 

The  Governor  &  Council  again  took  under  consideration  the  bill 
Entitled  '"an  act  granting  a  reprieve  to  Cyrus  B.  Dean,"  and  being  read 
was  amended,  and  on  the  question  of  concurrence  as  amended,  the  yeas 
and  nays  being  required,  were  as  follows,  to  wit:  Yeas,  M^-  Brigham, 
M^-  Keyes,  M^-  Miller,  M^  Willoby,  M^  Hatch,  M"^-  Fletcher  &  W- 
Buckingham — 7;  Nays,  M*^-  Langdon,  M^-  Chipman.  M*^  Lyon,  M'-  Dana, 
M'-  Elsworth  &  M^-  Chittenden— 6:  whereupon  Resolved,  To  concur 
with  the  house  in  passing  said  bill  into  a  Law,  with  these  proposals  of 
amendment:  "In  the  1**  Section,  5"*  line,  erase  the  words  '*last  Friday 
of  February,"  and  insert  '"second  Friday  of  November;"  erase  from  the 
word  "next"  in  the  5^  line  of  same  section  to  the  word  "and"  in  the 
15***  line,  and  ini^ert  in  lieu  thereof,  "and  on  the  said  second  Friday  of  No- 
vember between  the  hours  of  ten  in  the  forenoon  and  three  in  the  after- 
noon of  said  day,  the  said  Sheriflf  of  Chittenden  County  for  the  time 
being,  or  the  High  Bailiflf,  acting  as  such,  shall  proceed  in  the  Execution 
of  said  warrant,  in  the  same  manner  as  would  have  been  his  duty  to 
have  done,  in  case  the  time  of  executing  said  warrant  had  not  been 
altered  or  suspended  by  this  act."  In  the  2**  Section,  erase  in  the  8***  & 
IS***  lines  the  words  "said  Sheriff"  and  insert  the  words  "  Sheriff  of 
said  Chittenden  County  for  the  time  being,  or  the  High-Bailiff  acting  as 
such."  Ordered,  That  Gov'^-  Brigham  acquaint  the  house  with  the 
reasons  of  Council  in  proposing  said  amendments.  * 

*  Dean  was  one  of  the  party  on  the  smuggling  vessel  "  Black  Snake," 
and  had  been  convicted,  in  the  supreme  court,  of  the  murder  of  Jona- 
than Ormsbee  and  Asa  Marsh,  who  were  of  the  custom-house  force,  for 
which  he  had  been  sentenced  to  be  hung  on  the  28th  of  October  1808. 
The  act  reprieved  him  until  the  11th  of  the  succeeding  November, 
when  he  was  executed  at  Burlington. 


Governor  and  Council — October  1808,  213 

Received  as^ain  from  the  house  of  Representatives  the  Petition  of  N. 
Fletcher  J""-  &  Lewis  Pratt,  with  this  new  order  thereon:  "'In  General 
Assembly  Oct'-  26***'  1808,  recommitted  with  the  bill  accompanying  to 
the  former  joint  Committee.  Attest  M.  Post  Clerk,"  and  the  said 
order  being  read,  Resolved  To  concur  with  the  house  in  their  said 
recommittment. 

Received  again  from  the  house  of  Representatives,  the  Petitions  of 
Enos  Silsbee,  of  Joseph  Armington,  of  Asa  Bulkley,  and  of  Silas  Alger 
Ju*^-  &  others,  with  this  new  order  on  each:  "  In  General  Assembly  Oct'- 
26,  1808,  Received  from  the  Committee  of  claims  and  referred  to  the 
joint  Committee  on  the  Petition  of  Sam^-  Frizzle.  Attest  M.  Post 
Clerk,"  and  the  said  order  being  read.  Resolved,  To  c(»ncur  with  the 
house  in  their  said  reference. 

Received  from  the  house  of  Representatives  the  Petition  of  William 
Chamberlin  &  others,  and  a  Petition  for  the  grant  of  a  Turnpike  road 
from  Craig's  mills  to  Connecticut  River,  with  this  order  thereon:  "  In 
General  Assembly  Oct'- 26**»'  1808,  Read  &  referred  to  the  joint  Turnpike 
Committee.  Attest  M.  Post  Clk,"  and  the  same  being  read,  Resolved, 
To  concur  with  the  house  in  their  said  reference. 

The  following  written  message  was  received  from  the  house  of  Repre- 
sentatives: "In  General  Assembly  Oct'-  27,  1808.  Resolved,  That  the 
house  concur  with  the  Governor  &  Council  in  their  proposed  amend- 
ments to  the  bill  entitled  ''An  act  granting  a  reprieve  to  Cyrus  B. 
Dean."  and  the  bill  has  become  a  law.     Attest  Martin  Post  Clerk." 

"In  Council,  at  Montpelier,  Oct'-  27, 1808.  Present  His  Excellency 
Isaac  Tichenor  Esquire  Governor;  His  Honor  Paul  Brigham  Esquire 
L*-  Governor;  Of  the  Council,  The  Hon'*  Elias  Keyes,  Daniel  Chipman, 
Chauncey  Langdon,  Asa  Lyon,  Zerah  Willobv,  Samuel  Fletcher,  Reu- 
ben Hatch,  Jedediah  P.  Buckingham,  Samuel  Miller,  Daniel  Dana,  John 
Elsworth  and  Noah  Chittenden  Esquires.  William  Page  Jun'-  Secre- 
tarv.  The  Governor  &  Council  took  under  consideration  the  Petition 
of  i)avid  Sheflfield,  stating  that  at  the  session  of  the  Supreme  Court  of 
Judicature,  specially  holden  at  Burlington  within  &  for  the  County  of 
Chittenden  on  the  23**  day  of  August  last,  he  was  convicted  of  the  crime 
of  manslaughter,  and  that  he  now  remains  in  confinement,  to  bear  the 
sentence  of  the  law,  and  praying  that  the  Governor  &  Council  would 
most  graciously  pardon  his  said  oftence — and  after  hearing  the  Counsel 
in  behalf  of  the  said  Petitioner,  it  was  Ordered,  unanimously,  that  the 
said  Petition  be  dismissed.* 

Adjourned  untill  2  O'clock  P.  M. 

2  O'clock  P.  M. — An  Engrossed  Bill,  passed  in  the  house  of  Repre- 
sentatives, Entitled  '*An  act  extending  the  time  of  the  collection  of  the 
Cent  Tax  in  the  town  of  Woodford,"  w^as  sent  up  for  revision  and  con- 
currence or  proposals  of  amendment,  and  the  same  being  read.  Ordered, 
That  it  be  referred  to  M'  Miller. 

The  following  Engrossed  bills,  past  in  the  house  of  Representatives, 
were  sent  up  for  revision  &c.  viz.  "An  act  for  the  benefit  of  the  Over- 
seers of  the  Poor  of  the  Town  of  Grafton,"  and  *'  An  act  in  addition  to 
and  in  alteration  of  an  act  incorporating  certain  persons  therein  named 
by  the  name  of  the  Weathersfield  Turnpike  Company,"  and  the  same 
being  severally  read,  Resolved,  To  concur  with  the  house  in  passing 
them  into  Laws. 

On  motion,  M'-  Chipman  obtained  leave  to  introduce  a  bill  Entitled 
*^an  act  in  addition  to  an  act  Entitled  an  act  appointing  a  Committee  to 


'Sheffield  was  one  of  the  crew  of  the  smuggling  vessel  ^^Black  Snake." 


214  O-overnor  and  Council — October  1808. 

lay  out  and  survey  the  road  therein  mentioned,  passed  Nov.  7,  1807/' 
and  the  same  being  read  and  considered,  Resolved,  That  the  same  do 
pass,  and  Ordered  that  the  same  be  engrossed  and  sent  t.i  the  General 
Assembly  for  their  concurrence. 

Received  again  from  the  house  of  Representatives  a  Petition  from  the 
Inhabitants  of  Pittsfield  witli  this  new  order  thereon:  '*  In  General 
Assembly  Oct'-  27, 1808,  recommitted  to  the  first  joint  land  Tax  Com**- 
Attest  M.  Post  Clerk,"  and  the  8<*  order  being  read.  Resolved,  To 
concur  with  the  house  in  their  said  recommitment  On  motion,  M'- 
Chipman  obtained  leave  to  introduce  a  bill  Entitled  '^an  act  in  addition 
to  and  amendment  of  an  act  Entitled  an  act  to  repeal  a  certain  act  and 
parts  of  an  act  therein  mentioned,  passed  Oct*^*  24^*  1807,"  and  the  same 
Deing  read,  Resolved,  Tliat  the  same  be  referred  to  M'-  Chipman  to  join 
a  Committee  from  the  General  Assembly. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Friday,  October  28"».  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

A  bill,  passed  in  the  house  of  Representatives,  Entitled  *'An  act 
granting  certain  privileges  to  the  Waltham  Turnpike  Company,"  was 
sent  up  for  revision  &c.  read  &  Resolved,  To  concur  with  the  house  in 
passing  said  bill  into  a  law. 

Received  from  the  house  of  Representatives  An  act  reviving  an  act 
laying  a  tax  of  three  cents  per  acre  on  the  town  of  Huntsburgh  [Frank- 
lin,] with  this  order  thereon:  "In  General  Assembly  Oct'-  27,  1808, 
This  bill  was  bro*  in  on  motion  &  leave  by  M'-  Hubbard,  read  and 
referred  to  the  third  joint  land  tax  Committee.  Att.  M.  Post  Clerk," 
and  the  same  being  read,  Resolved,  To  concur  with  the  house  in  their 
said  reference. 

Received  Irom  the  house  of  Representatives  *'an  act  directing  the 
Treasurer  to  credit  Josiah  Burton,  first  constable  of  Manchester,  the 
sum  therein  mentioned,"  with  this  order  thereon: — **In  Gen*  Assembly 
Oct'-  27,  1808,  This  bill  was  brought  in  on  motion  &  leave  by  M'  Pratt, 
read  and  referred  to  the  joint  Committee  of  Claims.  Attest  M.  Post 
Clerk,"  and  the  same  being  read.  Resolved,  To  concur  with  the  house 
in  their  said  reference. 

Received  from  the  house  of  Representatives  "an  act  relating  to  a  land 
tax  on  Middlesex,"  with  this  order  thereon:  "In  General  Assembly 
Oct'-  27, 1808.  This  bill  was  brought  in,  on  motion  &  leave  by  M'-  Put- 
nam, read  <%;  referred  to  the  first  joint  land  tax  Committee.  Attest  M. 
Post  Clerk,"  and  the  same  being  read,'  Resolved,  To  concur  with  the 
bouse  in  their  said  reference. 

On  Motion,  M'-  Langdon  obtained  leave  of  absence  untill  Wednejsday 
morning  of  next  week. 

Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — Received  from  the  house  of  Representatives  the 
following  resolution:  "In  General  Assembly  Oct.  28,  1808.  Resolved, 
That  this  House  do  concur  with  the  Governor  &  Council  in  passing 
into  a  law  the  bill  Entitled  "An  act  in  addition  to  an  act  Entitled  an  act 
appointing  a  Committee  to  lay  out  and  survey  the  road  therein  men- 
tioned, passed  Nov.  7, 1807."    Attest  M.  Post  Clerk." 

Received  from  the  house  of  Representatives  "an  act  directing  the 
Treasurer  to  pay  Daniel  Oatman  the  sum  therein  mentioned,"  also  "  an 
act  directing  the  Treasurer  to  pay  the  sums  therein  mentioned,"  with 
this  order  on  each :    "  In  General  Assembly  Oct'-  28, 1808.    Read  and 


Governor  and  Council — October  1808.  215 

referred  to  Mess*-  Pratt,  Otis  &  E.  Walker  to  join  a  Committee  from  the 
Council.  Attest  M.  Post  Clerk,"  and  the  same  being  read,  Resolved, 
That  M*"-  Elsworth  join  the  above  Committee  from  the  house. 

Received  from  the  house  of  Representatives  the  account  of  Caleb 
Fisk,  referred  to  the  General  Assembly  by  the  auditor  of  accounts 
against  the  Stat^,  with  this  order  of  the  house  thereon:  "In  General 
Assembly  Oct*^-  28,  1808.  Read  and  referred  to  the  Joint  Committee  on 
the  Petition  of  Samuel  Frizzle.  Mes*-  Griswold  and  T.  Hutchinson  ex- 
cused from  said  Committee  and  Mcs*-  Denison  &  Holden  appointed 
in  their  room.  Att*-  M.  Post  Clerk,"  and  the  same  being  read.  Resolved, 
To  concur  with  the  house  in  their  said  reference. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Saturday  October  29, 1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  again  from  the  house  of  Representatives  the  Petition  of  Si- 
las Remington,  with  this  new  order  thereon :  "In  General  Assembly  Oct'* 
28, 1808.  Report  read  &  rejected,  and  on  motion  ordered  that  the  Peti- 
tion be  recommitted  to  the  former  joint  Committee,  and  the  Committee 
directed  to  report  whether  it  be  proper  to  pass  an  act  allowing  the 
Petitioner  the  poor  debtor's  oath.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Resolved.  To  concur  with  the  house  in  said  recommittment. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representa- 
tives, were  sent  up  for  revision  Sec.  viz.  "An  act  to  revive  and  continue 
an  act  Entitled  an  act  laying  a  tax  of  one  cent  &  five  mills  per  acre  on 
Enosburgli  Gore,  passed 'Oct'-  26,  1807,"  ''An  act  in  addition  to  an  act 
laying  a  tax  of  two  cents  per  acre  on  the  town  of  Stamford,  passed  Oct. 
26, 1807,"  and  "An  act  to  discharge  Nathan  Fletcher  Ju*^-  &  Lewis  Pratt 
from  the  payment  of  a  sum  of  money  therein  mentioned,"  and  the  same 
being  severallv  read.  Resolved,  To  concur  with  the  house  in  passing 
said  bills  into  laws. 

On  Motion,  Ordered,  That  Gov-  Brigham  join  the  Committee  of  Sus- 
pension, in  the  room  of  M'-  Langdon  absent  on  leave. 

Adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — There  being  no  business  before  the  Governor  and 
Council,  Adjourned  untill  9  O'clk  Monday  morning. 


Monday  October  31, 1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representa- 
tives, were  sent  up  for  revision  and  concurrence  or  proposals  of  amend- 
ment, viz.  "An  act  directing  the  Treasurer  to  pay  the  first  Constable  of 
Athens  the  sum  therein  mentioned,"  "  An  act  directing  tbe  Treasurer 
to  credit  Joshua  Barron  Jun'-  first  constable  of  the  Town  of  Bradford, 
the  sum  therein  mentioned."  '*  An  act  to  revive  an  act  Entitled  an  act 
laying  a  Tax  on  the  town  of  Readsboro\  passed  Oct*^-  20, 1807,"  and  "An 
act  in  addition  to  an  act  constituting  and  appointing  a  Company  of  Vol- 
unteers in  Dummerston,"  and  the  same  being  severally  read  &,  consid- 
ered. Resolved  To  concur  with  the  house  in  passing  them  into  laws. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"  An  act  directing  the  Treasurer  to  pay  Malachi  Wittum  &  Witherell 
Wittum  the  sum  therein  mentioned,"  was  sent  up  for  revision  &c.  and 
the  same  being  read,  Ordered,  That  it  be  referrecl  to  M'-  Lyon. 


216  Governor  and  Council — November  1808. 

On  motion,  M'*  Keyes  obtained  leave  to  introduce  a  bill  Entitled  "An 
act  to  repeal  an  act  Entitled  an  act  laying  a  tax  of  two  cents  per  acre  on 
the '.Township  of  Pittsfield/passed  No\,  6,  1807,"  and  the  same  being 
reaa,  Orderea,  That  it  be  referred  to  Gov.  Brighara,  to  join  a  Commit- 
tee from  the  house. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "  an  act  to 
revive  an  act  laying  a  tax  of  three  cents  per  acre  on  the  town  of  Hop- 
kinville"  [Kirby,]  with  this  order  thereon:  "In  General  Assembly  Oct*^- 
29, 1808,  This  bill  was  bro'  in  on  motion  &  leave  by  M*"-  Fyler,  read  and 
referred  to  the  third  joint  land  lax  Committee.  Attest  M.  Post  Clk." 
and  the  same  being  read,  Resolved,  To  concur  with  the  house  in  their 
said  reference. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — Received  from  tho  house  of  Representatives  A 
bill  Entitled  an  act  to  repeal  an  act  therein  mentioned,  with  this  order 
thereon:  "In  General  Assembly  Oct^  31'' 1808,  This  bill  was  bro*  in  on 
motion  &  leave  by  M'-  J.  Fuller,  read  &  referred  to  the  joint  Committee 
on  the  Petition  of  sundry  Inhabitants  of  Sherburne.  Attest  M.  Post 
Clk,''  and  the  same  being  read,  Resolved,  To  concur  with  the  house  in 
their  said  reference. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Tuesday  November  1^  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  of  Representatives  An  act  to  revive  an  act 
laying  a  Tax  on  Duxbury,  with  this  order  thereon:  "In  General  As- 
sembly Oct'-  31«*»  1808,  This  bill  was  bro*  in  on  motion  &  leave  by  M'- 
Corse,  read  &  referred  to  the  first  joint  land  tax  Committee.  Attest  M. 
Post  Clerk,"  and  the  same  being  read,  Resolved,  To  concur  with  the 
house  in  their  said  reference. 

Received  from  the  house  of  Representatives  the  petition  of  David 
Richardson,  for  a  new  trial,  with  this  order  thereon:  '*  In  General  As- 
sembly Oct'-  31**  1808,  Read  &  Referred  to  the  joint  Committee  on  new 
Trials  Attest  M.  Post  (^lerk,"  and  the  same  being  read,  Resolved,  To 
concur  with  the  house  in  their  said  reference. 

Received  from  the  house  of  Representatives  a  bill  'EnO^  An  act  to 
revive  an  act  laying  a  tax  of  three  cents  per  acre  on  the  town  of  Concord, 
with  this  order  thereon:  '*In  General  Assembly  Oct'  31'' 1808,  This  bill 
was  bro*  in  on  motion  and  leave  by  M*^-  AVetherbee,  read  and  referred  to 
the  third  joint  land  tax  Committee.  Attest  M.  Post  Clerk,"  and  the 
same  being  read.  Resolved,   To  concur  with  the  house   in   their  said 

reference. 

Received  from  the  house  of  Representatives  an  Old  Treasurer's  note 
with  this  order  thereon:  "In  General  Assembly  Ocf-  31,  1808,  Referred 
to  the  joint  Committee  on  Claims.  Attest  M.  Post  Clerk,"  and  the  8<* 
order  being  read.  Resolved,  To  nonconcur  with  the  house  in  said  refer- 
ence, and  Ordered  That  M'-  Chipman  inform  the  house  of  the  reasons 
of  the  Governor  &  Council  for  such  nonconcurrence. 

The  Committee  on  the  bill  Entitled  ''An  act  directing  the  Treasurer 
to  pay  Malachi  Wittuni  &  Witherell  Wittura  the  sum  therein  men- 
tioned," reported  that  said  bill  ought  not  to  pass,  and  after  hearing  the 
Petitioners  in  support  of  their  claim.  Resolved,  To  nonconcur  with  the 
house  in  passing  said  bill  into  a  law,  for  the  following  reasons:  For  that 
the  8*  Petitioners  having  been  called  on,  &  having  appeared  have  pro- 
duced no  evidence  to  prove  the  facts  on  which  they  have  founded  their 


Governor  and  Council — November  1808.  217 

claim  against  the  state.  And  for  that  if  the  Facts  were  true  as  stated 
by  the  Petitioners,  yet  no  legal  or  equitable  claim  against  the  state 
could  be  thereon  predicated.  And  for  that  the  Leojislature  ought  not, 
in  consideration  of  the  Petitioners'  indigent  circumstances  alone,  to 
grant  them  any  sum  of  money  whatever. 
Adjourned  to  2  O'clk  P.  M^ 

2  O'clock  P.  M. — Received  from  the  house  of  Representatives  a  bill 
Entitled  an  act  in  behalf  of  the  first  constables  of  North  &  South  Hero 
with  this  order  thereon:  "In  General  Assembly  Nov.  1,  1808.  This 
bill  was  bro*  in  on  motion  &  leave  by  M'*  G.  Robinson,  read  &  referred 
to  Mess^*  G.  Robinson,  Lyon  &  Kimball  to  join  a  Committee  from  the 
Council.  Attest  M.  Post  Clk."  and  the  same  being  read,  Ordered, 
That  M'-  Buckingham  join  the  above  Com*  of  the  house. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representatives, 
were  sent  up  tor  revision  &  concurrence  or  proposals  of  amendment, 
viz.  "An  act  to  enable  the  Inhabitants  of  the  third  school  district  in 
Burlington,  and  South  Eastern  school  district  in  Colchester,  to  unite 
their  schools;"  *'An  act  to  revive  an  act  laving  a  tax  of  three  cents  per 
acre  on  Huntsburgh,  passed  the  29^  Day  of  Oct*^-  A.  D.  1807;"  "An  act 
to  revive  an  act  Entitled  an  act  laying  a  tax  of  three  cents  per  acre  on 
the  town  of  Ludlow,  passed  Oct.  27*^*  1807;"  "An  act  in  addition  to  an 
act  Entitled  an  act  to  revive  aland  tax  on  the  town  of  Middlesex,  passed 
Oct*^-  27,  1807,"  and  "  An  act  directing  the  Treasurer  to  pay  thf^  sums 
therein  mentioned,"  and  being  severally  read  &  considered.  Resolved 
To  concur  with  the  house  in  passing  them  respectively  into  laws. 

Jn  Council,  at  Montpelier,  Nov.  1,  1808.  Present,  His  Excellency 
Isaac  Tichenor  Esquire  Governor;  His  Honor  Paul  Brigham  Esquire, 
L*  Governor;  of  the  Council,  The  Hon^^«  Daniel  Chipman,  Solomon 
Miller.  Asa  Lyon,  Zerah  Willoby,  Samuel  Fletcher,  Reuben  Hatch,  Jed. 
P.  Buckingham,  Daniel  Dana,  John  Elsworth  and  Noah  Chittenden 
Esquires:  William  Page  Jun'  Sec^-  The  (Governor  &  Council  took 
under  consideration  the  Petition  of  James  Perry  of  Plymouth  in  the 
County  of  Windsor,  stating  that  at  the  Supreme  Court  of  Judicature 
holden  at  Woodstock  within  &  for  the  County  of  Windsor  on  the  third 
Tuesday  of  August  A.  D.  1802,  he  was  indicted  for  the  crime  of  perjury, 
in  taking  the  oath  prescribed  by  law  for  insolvent  debtors,  and  was 
convicted  on  said  indictment,  and  praying  that  the  Governor  &  Council 
would  so  far  pardon  him  the  said  James  for  the  crime  afores**  as  to 
restore  him  to  the  priviledge  of  giving  testimony  under  oath  in  Courts 
of  law;  and,  after  evidence  in  sui)port  of  said  Petition,  Ordered,  That 
the  same  lie  on  the  table. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Wednesday,  November  2,  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  bills  passed  in  the  house  of  Representatives  were  sent 
up  for  revision  &  concurrence  or  proposals  of  amendment,  viz.  "An  act 
directing  the  Treasurer  of  the  State  to  pay  the  first  Constable  of  New- 
bury tiie  sum  therein  mentioned;"  "An  act  directing  the  Treasurer  to 
pay  to  Enos  Sllsbee  the  sum  therein  mentioned,"  and,  "An  act  directing 
the  Treasurer  of  this  state  to  pay  to  Joseph  Armington  the  sum  therein 
mentioned,"  and  the  said  bills  being  severally  read  and  considered,  Re- 
solved, To  concur  with  the  house  in  passing  them  respectively  into  laws. 

Received  from  the  house  of  Representatives  an  act  directing  the  Sur- 
veyor Geueral  to  survey  and  establish  certain  town  lines,  with  this  order 


218  Governor  and  Council — November  1808. 

thereon:  "In  General  Assembly  Nov.  1, 1808.  This  bill  was  bro*-  in  on 
motion  and  leave  by  M""-  Eddy,  read  «fc  referred  to  Mess*-  Potter,  Durfey 
&  Ormsbee,  to  join  a  Committee  frotii  the  Council.  Att.  M.  Post  Clk." 
and  the  same  being  read,  Ordered,  That  M'-  Miller  join  the  above  Com- 
mittee of  ihe  house. 

Received  from  the  house  of  Representatives  a  bill  Entitled  An  act 
directinj?  an  endorsement  on  a  certain  note  payable  to  the  State's  Treas- 
urer, with  this  order  thereon:  "In  Gen*-  Assembly  Nov.  1,  1808.  This 
bill  was  bro*-  in  on  motion  &  leave  by  M'-  Brown,  read  &  referred  to  the 
joint  Committee  on  the  Petition  of  Sam*-  Frizzle.  Attest  M.  Post 
Clerk,"  and  the  same  being  read,  Resolved,  To  concur  with  the  house 
in  their  said  reference. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representatives, 
were  sent  up  for  revision  &c.  viz.  "An  act  granting  to  Heman  Allen 
the  exclusive  privilege  of  building  a  toll  Bridge  across  Missisquoi 
River,"  and  "An  act  granting  to  Joseph  Robinson  and  others  the  ex- 
clusive privilesje  of  building  a  toll  bridge  over  Missisquoi  River  in 
Swanton,"  and  the  same  being  read.  Ordered,  That  they  be  referred  to 
M'-  Chipman  to  report  amendments. 

The  Committee  on  the  bill  Entitled  "An  act  extending  the  time  of 
the  collection  of  the  cent  tiix  in  Woodford"  reported  that  the  same  ought 
to  pass  without  amendment,  whereupon  Resolved,  To  concur  with  the 
house  in  passing  said  bill  into  a  law. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "an  act  to 
revive  an  act  assessing  a  Tax  on  the  town  of  Hard  wick,"  and  "an  act 
reviving  an  act  laying  a  t;ix  of  three  cents  per  acre  on  the  town  of  More- 
town,"  with  this  order  on  each:  "In  General  Assembly  Nov.  2,  1808. 
Brought  in  on  leave  and  referred  to  the  third  joint  land  tax  Committee. 
Attest  M.  Post  Clerk,"  and  the  same  being*  severally  read.  Resolved, 
To  concur  with  the  house  in  their  said  reference. 

Received  from  the  house  of  Representatives"  account.s  in  favor  of 
Harry  Hale  &  William  Farrar  against  the  State,  referred  from  the 
Auditor  of  Accounts  against  the  State  to  the  General  Assembly,  with 
this  order  on  each  :  "  In  General  Assembly  Nov.  2, 1808,  Read  and  Re- 
ferred to  the  joint  Committee  on  the  Petition  of  Samuel  Frizzle.  Attest 
M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur  with  the 
house  in  their  said  reference. 

On  motion.  Ordered,  That  M'-  Chittenden  join  the  Turnpike  Com- 
mittee on  the  part  of  the  Council,  in  the  room  of  M'-  Keyes. 

Adjourn'd  to  2  O'clock  P.  M. 

2  O'CLOCK  P.  M. — Received  from  the  house  of  Representatives  the 
Petition  of  Royall  Crafts  for  the  payment  of  an  old  state  note,  with  this 
order  thereon:  "In  General  Assembly  Nov.  2, 1808,  Read  and  referred 
to  the  joint  Committee  of  Claims.  Attest  M.  Post  Clerk,"  and  the  same 
being  rtad.  Resolved,  To  concur  with  the  house  in  their  said  reference. 

Received  again  from  the  house  of  Representatives  the  Petition  of 
Benj*-  Brock,  with  this  new  order  thereon:  "In  General  Assembly  Nov. 
2. 1808.  Report  read  and  accepted  and  Petition  recommitted  to  former 
joint  Committee,  with  directions  that  the  Committee  report  a  bill  on  the 
subject  contained  in  the  Petition.  Attest  M.  Post  Clerk,"  and  the  said 
report  &  order  being  read.  Resolved,  To  concur  with  the  house  in  their 
said  recommittment. 

The  following  Engrossed  bill,  passed  in  the  house  of  Representatives, 
Entitled,  "An  act  establishing  a  Corporation  by  the  name  of  the  Wind- 
sor acqueduct  Company  &c."  was  sent  up  for  revision  &c.  &  being  read. 
Ordered,  That  the  same  be  referred  to  M'-  Buckingham  <&  M'-  Hatch. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Governor  and  Council — November  1808.  219 

Thursday  [Nov.  3, 1808,]  9  O'clock  A.  M. 
The  Council  met  pursuant  to  adjournment. 

The  following  resolution  was  rec**  from  the  house  of  Representatives: 
"  In  General  Assembly  Oct'  31,  1808,  Resolved,  the  Governor  &  Coun- 
cil concurrinu:  herein,  that  both  houses  meet  in  joint  Committee  in  the 
Representatives'  room  at  eleven  O'clock  in  the  forenoon  on  Friday  next, 
for  the  purpose  of  choosing  Electors  of  President  &>  Vice  President  of 
the  United  States.  Extract  from  the  Journals,  Attest  M.  Post  Clerk." 
and  the  same  being  read.  Resolved,  To  concur  with  the  house  therein. 

The  following  bills  passed  in  the  house  of  Representatives  were  sent 
up  for  revision  &  concurrence  or  proposals  of  amendment,  viz.  ''An  act 
directing  the  Treasurer  to  credit  Benjamin  Miner  Jun""-  the  sum  therein 
mentioned,"  **An  act  authorising  the  Directors  of  the  Fairhaven  Turn- 
pike Company  to  procure  an  alteration  in  their  Turnpike  Road,"  ''An 
act  for  the  relief  of  Ebenezer  Markham,"  and  "  An  Jict  laying  a  tax  of 
two  cents  per  acre  on  the  town  of  Lutterloh,"  and  the  same  being  sev- 
erally read.  Resolved.  To  concur  with  the  house  in  passing  them  respec- 
tively into  laws. 

Received  from  the  house  of  Representatives  the  Petition  of  Parley 
Davis,  for  relief  on  a  note  given  to  the  State  Bank,  with  this  order 
thereon:  "In  General  Assembly  J^ov.  2,1808,  Read  &  referred  to  the 
joint  committee  to  whom  was  referred  the  Petition  of  Mary  Giles.  At- 
test M.  Post  Clerk,"  and  the  same  being  read,  Resolved,  To  concur  with 
the  house  in  their  said  reference. 

Received  from  the  house,  An  act  directing  the  Treasurer  to  pay  Asa 
Bulkley  the  sum  therein  mentioned,  with  this  order  thereon:  "  In  Gen- 
eral Assembly  Nov.  2,  1808,  Read  the  first  time,  and,  with  the  Petition 
of  Asa  Bulkley,  recommitted  to  the  joint  Committee  on  the  Petition  of 
Sam*  Frizzle  &c.  Attest  M.  Post  Clerk,"  and  the  said  bill  &  order  be- 
ing read.  Resolved,  To  concur  with  the  house  in  said  recommittment. 

Received  from  the  house  of  Representatives  a  bill  Entitled  ''an  act  en- 
abling the  several  Presbyterian  Societies  in  the  State  to  raise  money  for 
the  support  of  the  Gospel  »&c."  with  this  order  thereon:  "  In  General 
Assembly  Nov.  2, 1808.  This  bill  wss  bro'  in  on  motion  and  leave  by  M*^- 
John  Duncan,  read  and  referred  to  M'-  Olin,  Chipman  and  Stanley,  to 
join  a  (xommittee  from  Council.  Attest  M.  Post  Clerk,"  and  the  same 
being  read,  Resolved,  That  Gov-  Brigham  join  the  above  Committee  of 
the  house. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"an  act  in  alteration  of  an  act  Entitled  an  act  laying  a  road  from  Dan- 
ville Court  house  in  the  County  of  Caledonia  to  the  Court  house  in 
Guildhall  in  the  County  of  Essex,"  w^as  sent  up  for  revision  &c.  &  being 
read.  Ordered,  That  the  same  be  referred  to  M'  Dana. 

Received  from  the  house  of  Representatives  the  following  resolution: 
"In  General  Assembly  Nov.  2,  1808.  Whereas  the  several  companies  of 
Artillery  in  this  State  are  allmost  wholly  destitute  of  Ordinance  &  appar- 
atus, and  no  means  has,  as  yet,  been  devised  to  procure  the  same:  And, 
Whereas,  it  has  been  represented  that  the  United  States  have  in  their 
possession,  in  the  several  arsenals  under  the  control  of  the  Secretary  at 
War,  a  large  quantity  of  Artillery,  which  remains  entirely  useless,  and 
which  would  be  loaned  to  the  several  states,  on  application  of  the  proper 
authority  of  each  state,  by  giving  security  for  their  safe  keeping  and  re- 
turn when  called  for:  Therefore,  Resolved,  the  Governor  and  Council 
concurrinjr  herein,  that  our  Senators  and  Representatives  in  the  Con- 
gress of  I  lie  United  States  be  requested  and  instructed  to  make  applica- 
tion to  the  Secretary  at  War,  or  some  other  proper  board,  for  a  loan  of 
twenty  pieces  of  artillery  and  suitable  apparatus  accompanying  the 


220  Q-overnor  and  Council  ^November  1808. 

same,  for  ihe  use  of  the  Militia  of  this  State.  And  that  if  such  loan  he 
obtained,  the  Commissary  General  ol  Military  stores  be  directed  to  cause 
the  same  to  be  immediately  transported  into  this  State  to  be  distributed 
as  a  future  Legislature  may  direct.  And  that  the  Auditor  of  accounts 
be  authorised  to  credit  the  accounts  of  the  Commissary  General  for 
transporting  the  said  Artillery  and  Military  Apparatus  as  aforesaid,  and 
draw  an  order  on  the  Treasury  for  the  payment  of  the  same.  Read, 
adopted  and  directed  to  be  sent  to  the  Governor  &  Council  for  concur-' 
renco.  Extract  from  the  Journals,  Attest  M.  Post  Clk."  and  the 
same  being  read.  Reso'ved,  To  concur  with  the  house  therein. 
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  establishing  a  corporation  by  the  name  of 
the  Vergennes  &  Willsboro  Turnpike  Company,"  was  sent  up  for  re- 
vision &  being  read.  Resolved,  To  concur  with  the  house  in  passing 
said  bill  into  a  law. 

An  Engrossed  bill,  passed  &c.  Entitled  *'An  act  to  incorporate  the 
Burlington  Fire  Club,"  was  sent  up  for  revision  &c.  and  being  read. 
Resolved,  To  concur  with  the  house  in  passing  said  bill  into  a  law, 
with  these  proposals  of  amendment:  erase  the  word  "Club"  in  the  title, 
in  the  7***-  line  !•*  Section  &  8*-  line  2<*-  Section  and  insert  the  word 
"Company."  In  the  !•*•  Section,  19***-  line,  erase  the  words  "like  pur- 
poses," &  insert  the  words  *Uhe  purpose  of  securitg  buildings  and  other 
property  from  destruction  by  fire. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Friday  November  4*'^'  1808,  9  o'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representatives, 
were  sent  up  for  revision  and  concurrence  or  proposals  of  amendment, 
viz.  "An  act  to  authorize  the  makinor  of  a  certain  record  therein  men- 
tioned;" '*An  act  incorporating  certain  persons  therein  named  by  the 
name  of  the  Middlebury  Fire  Society,"  and  "An  act  freeing  and  releas- 
ing the  person  of  Jesse  Leavenworth  from  arrest  and  imprisonment  for 
the  term  of  his  natural  life,"*  and  being  severally  read.  Resolved  to  con- 
cur with  the  house  m  passing  them  into  laws. 

Received  again  from  the  house  of  Representatives,  the  petition  of 
W"»  Scott  &  John  Spencer,  with  this  new  order  thereon:  "In  General 
Assembly  Nov.  3. 1808,  Report  read  and  rejected  and  the  Petition  re- 
committed to  the  former  joint  Committee.  Attest  M.  Post  Clerk,"  and 
said  report  &  order  being  read.  Resolved,  To  concur  with  the  house  in 
said  recommittment. 

An  Engrossed  bill  passed  in  the  house  of  Representatives  Entitled  "An 
act  authorizing  and  directing  the  Surveyor  General  to  procure  certain 
papers  and  records  therein  named,"  was  sent  up  for  revision  and  con- 
currence or  proposals  of  amendment,  and  being  read,  Ordered,  That  the 
same  be  referred  to  M'-  Miller. 


*  As  passed  it  was  for  the  term  of  seven  years.  Mr.  Leavenworth  had 
been  a  prominent  and  useful  man  in  Caledonia  County,  but  he  had  suf- 
fered a  long  imprisonment  for  debt,  and  was  at  this  time  destitute  of 
property,  and  a  cripple. 


0-ovemar  and  Council — November  1808.  221 

Received  from  the  house  of  Representatives,  a  bill  Entitled  "An  act 
to  revive  an  act  laying  a  tax  of  three  cents  per  acre  on  the  Town  of 
Hopkinville,"  with  this  order  thereon:  **In  General  Assembly  Nov'-  3, 
1808,  This  bill  was  bro*  in  on  motion  &  leave  by  M""  Fyler,  &  referred  to 
the  third  joint  land  Tax  Committee.  Attest  M.  Post  Clerk,"  and  beinjj 
read.  Resolved,  To  concur  with  the  house  in  their  said  reference.    • 

Received  again  from  the  house  of  Representatives  the  Petition  of 
James  Bangs,  with  this  new  order  thereon:  "In  General  Assembly 
Nov'-  1,  1808,  Report  read,  accepted  and  Petition  dsimissed.  Nov'-  3, 
called  up,  former  vote  reconsidered,  and  the.  Petition  recommitted  to  the 
former  joint  Committee.  Attest  M.  Post  Clerk,"  and  said  report  and 
order  being  read,  Resolved,  To  concur  with  the  house  in  said  recom- 
mitment. 

Received  again  from  the  house  of  Representatives  the  Petition  of 
Bradley  &  Moses  Wilson,  with  these  new  orders  thereon:  "In  General 
Assembly  Oct'-  21,  1808,  Report  read  &  accepted,  and  leave  granted  to 
withdraw  the  Petition.  Nov'-  3,  1808,  The  vote  recorded  above  recon- 
sidered, and  the  Petition  recommitted  to  the  former  joint  Com®*-  Attest 
M.  Post  Clerk,"  and  s<*  report  &  order  being  read.  Resolved,  To  concur 
with  the  house  in  said  recommitment. 

Pursuant  to  adjournment  the  Governor  and  Council  proceeded  to  the 
Representatives'  room  &  met  the  house  in  joint  Committee  for  the  pur- 
pose of  completing  the  election  of  County  officers  for  the  year  ensuing, 
and  also  for  the  purpose,  pursuant  to  the  concurrent  resolution  of  both 
houses,  of  choosing  Electors  of  President  and  Vice  President  of  the 
United  Slates,  and  having  completed  the  same,  the  joint  Committee 
was  dissolved,  and  the  Governor  and  Council  returned  to  their  cham- 
ber, and  adjourned  untill  2  O'clock  P.  M.' 

2  O'clock  P.  M. — Received  from  the  house  of  Representatives  this 
resolution:  "In  General  Assembly  Nov'  3,  1808,  Resolved,  that  a  Com- 
mittee of  three  he  appointed  from  this  house  to  join  from  Council  to 
take  into  consideration  the  act  relating  to  capital  and  other  high  crimes 
and  misdemeanors,  and  more  particularly  the  33**  Section  of  the  same, 
which  relates  to  counterfeiting  bank  bills,  and  see  whether  any  and 
what  further  amendments,  additions  or  alterations  ought  to  be  made  in 
detiiiing  s<*  crime,  and  report  by  bill  or  otherwise.  Meuibers  chosen, 
Mes*-  Griswold,  Rich  &  Jacob  Smith.  Extract  from  the  Journals, 
Attest  M.  Post  Clerk,"  and  the  same  being  read.  Ordered,  That  M'- 
Chipman  join  the  Committee  appointed  by  the  house  on  said  resolution. 

The  Committee  to  whom  was  referred  the  bill  Entitled  "  An  act 
incorporating  and  establishing  an  academy  in  Fairfield,"  reported  that 
8**  bill  ought  to  pass,  with  sundry  amendments,  whereupon  Resolved, 
To  concur  with  the  house  in  passing  said  bill  into  a  law,  with  these 
proposals  of  amendment:  In  the  title  of  the  bill  erase  the  words  **An 
academy"  and  insert  "a  County  Grammar  school."  In  Section  1*  in  the 
3rti,  27th  ^  33rd  liues  erase  the  word  "Academy"  and  insert  "Grammar 
School."  In  the  14***  &  15***  lines  erase  "Fairtield  academy"  and  insert 
"Franklin  County  Grammar  School  in  Fairtield."  In  Section  3'**  line  3<* 
erase  "said  acjidemy"  &  insert  "the  house  now  built,  for  the  accommo- 
dation of  said  school."  Ordered,  That  M'-  Willoby  inform  the  house 
of  the  reasons  of  Council  in  proposing  said  amendments. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "an  act 
directing  the  Treasurer  to  pay  to  Oliver  Ingham  the  sum  therein  men- 


*  Israel   Smith,  Jonas   Galusha,   John   White,  Samuel    Shepardson 
James  Tarbox,  and  William  Gaboon  were  appointed  electors. 


222  0-ovemor  and  Council — November  1808, 

tioned,"  with  this  order  thereon:  '•In  General  Assembly,  Nov'-  4, 1808, 
This  bill  was  bro*  in  on  motion  &  leave  by  M'*  Ingham,  read  <&  referred 
to  the  joint  Committee  on  the  Petition  of  Samuel  Frizzle  &c.  Attest 
M.  Post  Clerk,"  and  being  read,  Resolved,  To  concur  with  the  house  in 
their  said  reference. 

Received  from  the  house  of  Representatives  An  act  authorising  the 
sale  of  part  of  the  real  estate  of  Jon'-  Parker  deceased,  with  this  order 
thereon:  "In  General  Assembly  Nov*^-  4, 1808,  Introduced  by  M'-  Pliny 
Smith,  read  &  referred  to  Mess'-  Hammond,  A.  Thompson  and  Fox  to 
ioin  a  Committee  from  Council.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Ordered,  That  M'-  Langdou  join  the  above  Com*  of  the 
house. 

The  Council  took  under  consideration  the  bill  Entitled  "An  act  estab- 
lishing a  Corporation  by  the  name  of  the  Windsor  Acqueduct  Company 
&c."  and  on  motion  of  M'-  Chipman,  Resolved,  The  General  Assembly 
concurring  herein,  that  this  bill  be  referred  to  the  next  session  of  the 
General  Assembly,  <&  Ordered,  That  M'-  Chipman  inform  the  house  of 
the  reasons  of  the  Governor  &  Council  in  proposing  said  reference. 

Benjamin  Swan  Esquire  appeared  in  the  Council  Chamber,  produced 
bonds  for  the  due  execution  of  the  office  of  Treasurer  of  the  State  for 
the  year  ensuing,  and  the  same  was  approved  by  the  Governor  &  Coun- 
cil, ii  the  Oath  of  office  was  administered  to  him  by  the  Governor. 

Received  from  the  house  of  Representatives  an  acct.  ag*  the  State  in 
favor  of  Daniel  Staniford  &  others,  with  a  number  uf  accompanying  pa- 
pers, with  this  order  thereon:  "In  General  Assembly  Nov.  4,  1808,  Read 
&  Referred  to  Mes"-  Potter,  F.  Child,  Linsley,  Rich  &  Hammond  to 
ioin  a  Committee  from  Council.  Attest  M.  Post  Clerk,"  and  the  same 
being  read.  Ordered,  That  M'-  Elsworth  &  M'-  Buckingham  join  s**  Com* 
of  the  house. 

The  Governor  %k>  Council  again  took  under  consideration  the  Petition 
of  James  Perry,  and  on  motion  Ordered,  That  the  Petitioner  have  leave 
to  withdraw  his  Petition. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Saturday  Nov-  5, 1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  House  of  Representatives  the  report  of  a  Commit- 
tee on  the  printing  of  the  laws,  with  this  order  thereon:  "In  General 
Assembly  Nov.  4,  1808,  Read  &  referred  to  Mess*-  Morris,  Farnsworth 
&  T.  Hutchinson  to  join  a  Committee  from  the  Council,  to  take  into 
consideration  that  part  relating  to  accounts  which  are  unliquidated  & 
unprovided  for.  The  remaining  part  of  the  report  referred  to  the  same 
Committee.  Attest  M.  Post  Clerk,"  and  the  same  being  read,  Ordered, 
That  M'-  Dana  join  said  Committee  of  the  house. 

Received  from  the  house  of  Representatives  a  message  in  writing,  to 
wit,  *'  In  General  Assembly  Nov.  4,  1808,  Resolved  to  concur  with  the 
Governor  &  Council  in  their  proposed  amendments  to  the  bill  Entitled 
*'An  Act  establishing  a  County  Grammar  School  in  Fairfield,"  and  said 
bill  has  become  a  law.  Extract  from  the  Journals,  Attest  M.  Post 
Clerk." 

The  joint  Committee  on  the  bill  Entitled  **  An  act  to  repeal  an  act 
Entitled  an  act  laying  a  tax  of  two  cents  per  acre  on  the  Township  of 
Pittslield,  passed  Nov.  5,  1807,"  reported  the  same  with  amendments, 
which  were  adopted,  and  on  motion  Resolved,  That  said  bill  do  pass,  and 
that  it  be  engrossed  and  sent  to  the  house  for  their  concurrence. 


Governor  and  Council — November  1808.  223 

M'*  Chipman  on  motion  obtained  leave  to  introduce  a  bill  Entitled  **an 
act  to  extend  the  time  of  the  completion  and  approbation  of  the  Centre 
Turnpike  Road,"  and  the  same  being  read  was  referred  to  M*"-  Chipman 
to  join  a  Committee  from  the  house. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  &  concurrence  or  proposals  of  amendment,  to  wit,  *'An 
act  laying  a  tax  of  two  cents  and  five  mills  per  acre  on  the  town  of  Dun- 
cansboro';"  "An  act  directing  the  Treasurer  to  credit  Josiah  Burton,  first 
Constable  of  Manchester,  the  sum  therein  mentioned;"  "An  act  in  ad- 
dition to  an  act  for  the  relief  of  Aaron  Henry  Jun'-  and  others;"  "An 
act  laying  a  tax  of  two  cents  per  acre  on  the  town  of  Bakersfield;"  "An 
act  for  the  relief  of  Mary  Giles;"  *'An  act  empowering  towns  to  lay  out 
School-Districts  in  certain  cases;"  "An  act  to  revive  part  of  a  certain 
act  laying  a  land  tax  on  the  towns  of  Navy  and  Random"  [Charleston 
and  Brighton,]  and  "An  act  appointing  Commissioners  to  set  off  and 
survey  the  public  lands  in  Deweysburgh,"  and  said  bills  being  severally 
read  &  considered,  Resolved,  To  concur  with  the  house  in  passing  them 
into  laws. 

An  Engrossed  bill  passed  in  the  house  of  Representatives  Entitled 
"an  act  for  the  relief  of  Minott  Farmer"  was  sent  up  for  revision  <&  con- 
•currence  or  proposals  of  amendment,  and  being  read,  Ordered,  That  it 
be  referred  to  M'-  Willoby. 

The  Committee  to  whom  was  referred  the  bill  Entitled  "  an  act  in  al- 
teration of  an  act  Entited  an  act  incorporating  certain  persons  therein 
mentioned  by  the  name  of  the  Hubbarton  Turnpike  Company,"  reported 
sundry  amendments  to  the  same,  whereupon  Resolved,  To  concui  with 
the  house  in  passing  s^  bill  into  a  law,  with  these  proposals  of  amend- 
ment: In  Sec.  1**  line  4"»»  erase  "  their  "  and  insert  "any."  In  the  pro- 
visional clause  2^  line,  after  the  word  "Proprietors,"  insert  "at  any 
annual  meeting." 

The  Committee  to  whom  was  referred  the  bill  Entitled  "an  act  for 
the  relief  of  Minott  Farmer"  reported  sundry  amendments  thereto, 
whereupon  Resolved,  To  concur  with  the  house  in  passing  said  bill  into 
a  law,  with  these  proposals  of  amendment:  In  section  2^  line  2^  erase 
the  words  "at  his  own  expence,"  and  add  to  said  section  these  words, 
"And  the  said  Minott  shall  be  allowed  the  same  sums  for  advertising 
as  is  allowed  to  Sheriffs  in  the  act  assessing  said  Tax,  and  the  same 
shall  be  assessed  on  the  lands  of  the  delinquent  proprietors  in  the 
same  manner  as  is  therein  provided."  Ordered,  That  M*^  Lan|;don  in- 
form the  house  of  the  reasons  of  Council  in  their  proposals  of  amend- 
meut  to  the  last  above  mentioned  bills. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "An  act  to 
establish  the  proceedings  of  Rufus  Flint,  first  Constable  of  the  town  of 
Braintree,"  with  this  order  thereon:  *'In  General  Assembly  Nov.  5, 
1808.  Read  the  first  time  and  ordered  to  be  recommitted  to  the  joint 
Committee  to  whom  the  Petition  of  Rufus  Flint  was  referred.  Attest 
M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  To  concur  with  the 
house  in  their  said  reference. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "An  act 
in  addition  to  an  act  Entitled  an  act  regulating;  marriage  and  divorce," 
with  this  order  thereon:  "In  General  Assembly  Nov.  5,  1808,  This  bill 
was  bro*-  in  on  motion  &  leave  by  M'-  Olin,  read  &  referred  to  Mess*- 
Kinnee,  Rising  &  Jason  Duncan  to  join  a  Committee  from  the  Council. 
Attest  M.  Post  Clerk,"  and  the  same  being  read.  Ordered,  That  M'- 
Chipman  join  said  Committee  of  the  house. 

On  motion,  M""-  Keyes  obtained  leave  of  absence  for  the  remainder  of 
the  session. 


224  Governor  and  Council — Novtmher  1808. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"an  act  granting  to  Ebenezor  Marvin  Jun'-  the  exclusive  right  of  build- 
ing a  toll  bridge  over  Mississquoi  River  in  Sheldon,"  was  sent  up  for 
revision  &c.  read  and  Ordered,  That  the  same  be  referred  to  M'-  Willoby. 

Adj«»-  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — A.n  Engrossed  bill,  passed  in  the  house  of  Repre- 
sentatives, Entitled  "An  act  confirming  the  grant  of  the  Township  of 
Wheelock  to  the  Trustees  of  Dartmouth  College  and  the  President  of 
Moore's  Charity  School,''  was  sent  up  for  revision  and  concurrence  or 
proposals  of  amendment,  and  being  read,  Resolved,  To  concur  with  the 
house  in  passing  said  bill  into  a  law. 

Received  from  the  house  of  Representatives  this  resolution  :  "  In 
General  Assembly  Oct'-  31*'  1808.  Whereas  many  actions  are  com- 
menced in  the  Circuit  Court  of  the  United  States  for  the  trial  of  land 
titles  in  this  State,  in  which  the  Inhabitants  of  the  Northern  part  of  the 
Slate  are  principally  interested,  and  are  obliged  to  attend  the  sessions 
of  said  Court  at  Rutland  &  Windsor,  with  their  witnesses,  at  great  dis- 
tances from  their  homes,  &  thereby  suffer  great  and  unnecessary  expen- 
ces:  and  Whereas,  the  October  session  of  said  Court  is  so  near  the  lime 
of  the  stated  session  of  the  Legislature  of  this  Stale  that  the  business  of 
said  Court  is  mostly  continued  to  the  May  term  of  the  Court,  to  the  in- 
jury of  suitors.  Therefore  Resolved,  that  our  Senators  in  Congress  be 
instructed,  and  the  Representatives  requested,  to  use  their  influence  to 
procure  the  session  of  said  Circuit  Court  altered,  so  that  it  may  be 
holden  at  Montpelier,  or  some  other  place  near  the  centre  of  this  State, 
instead  of  the  places  where  it  is  now  holden;  and  that  the  October  Ses- 
sion of  said  Court  may  be  altered  either  to  September  or  November: 
read  &  adopted.  Nov.'l*'  1808,  Ordered  to  be  sent  to  the  Governor  & 
Council  for  their  concurrence.  Extract  from  the  Journals,  Attest  M. 
Post  Clerk,"  and  the  same  being  read,  on  the  question  of  concurrence 
the  yeas  &  nays  being  required  by  M""-  Chittenden,  were  as  follows,  to 
wit:  Yeas,  M*"*  Miller,  M'-  Willoby,  M'-  Lyon  &  M'-  Chittenden— 4; 
Nays,  Gov'  Brigham,  M'-  Keyes,  M'-  Langdon,  M'-  Chipman,  M'- 
Fletcher,  M'-  ILitch,  M'  Buckingham,  M'-  Dana  and  M'-  Elsworth— 9. 
Whereupon  Resolved,  to  nonconcur  with  the  house  in  passing  said  res- 
olution, and  for  the  same  the  Governor  &  Council  assign  the  following 
reasons,  to  wit:  For  that  the  number  of  actions  in  the  Circuit  Court  of 
the  description  mentioned  in  the  resolution  has  been  much  lessened  by 
a  law  of  the  last  session;  and  that  for  that  by  far  the  greatest  number  of 
suits  in  the  Circuit  Court  are  commenced  against  those  who  live  south 
of  Montpelier;  and  although  it  is  believed,  that  at  some  future  time  it 
will  be  found  expedient  to  have  said  Court  holden  at  Montpelier,  when 
it  shall  become  more  nearly  the  centre  of  population  and  business — Yet 
at  present,  it  would  too  greatly  increase  the  aggregate  expense  of  suits 
in  that  Court  to  be  justified.  And  for  that  no  time  for  holding  said 
Court  in  this  State  could  be  found  attended  with  less  inconvenience  than 
the  times  now  fixed  by  law,  in  May  &  October,  and  neither  of  which 
said  Terms  could  be  altered  without  altering  both.  And  that  for  that 
an  alteration  of  the  terms  in  this  State  could  not  take  place  without  an 
alteration  of  the  terms  of  the  same  Court  in  the  States  of  New  York 
and  Connecticut.  There  could  therefore  be  no  prospect  of  success 
should  our  Senators  &  Representatives  be  instructed  to  make  said 
attempt. 

Adjourned  untill  9  O'clk  Monday  morning. 


Governor  and  Council — November  1808.  225 

Monday  November  7**  1808,  9  o'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  joint  Committee  on  the  bill  Entitled  "An  act  to  extend  the  time 
of  the  completion  and  approbation  of  the  Center  Turnpike  Road,"  re- 
ported that  said  bill  ought  to  become  a  law,  whereupon  Resolved,  That 
said  bill  do  pass,  and  ordered  that  it  be  engrossed  and  sent  to  the  Gen- 
eral Assembly  for  their  concurrence. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "An  act 
in  behalf  of  the  Sand-bar  Turnpike  Company,"  with  this  order  tliereon: 
''In  General  Assembly  Nov'-  5, 1808,  This  bill  was  bro*  in  on  motion  and 
leave  by  M'-  F.  Child,  read  &  referred  to  the  joint  Turnpike  Committee. 
Attest  M.  Post  Clerk,"  and  the  same  being  read.  Resolved,  l^o  concur 
with  the  house  in  their  reference. 

Received  from  the  house  of  Representatives,  a  bill  Entitled  ''an  act 
relating  to  a  land  Tax  on  the  town  of  Sherburne,"  with  this  order  thereon: 
"In  General  Assemblv  Nov'-  5,  1808,  Read  &  recommitted  to  the  Com- 
mittee on  the  original  bill,  to  join  a  Committee  from  Council.  Attest 
M.  Post  Clerk,"  and  the  same  being  read,  Ordered,  That  M'-  Chittenden 
join  said  Committee  of  the  house. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representatives, 
were  sent  up  for  revision  and  concurrence  or  proposals  of  amendment, 
to  wit,  "An  act  for  the  relief  of  Daniel  Peasley;"  "An  act  appointing  a 
Committee  to  Jay  out  a  road  from  Lyndon  to  the  narrows  of  Lake  Mem- 
phremagog;"  "An  act  to  revive  an  act  laying  a  tax  on  the  town  of  Dux- 
bury;"  ''An  act  to  revive  and  continue  an  act  Entitled  an  act  laying  a 
tax  of  three  cents  per  acre  on  the  town  of  Concord,  passed  the  30***  day 
of  October  1806;"  "An  act  appointing  a  Committee  to  lay  out  a  road 
from  the  Mouth  of  White  river  in  Hartford  to  the  Court  House  in 
Woodstock;"  "An  act  to  enable  the  Selectmen  of  Burlington  to  lease  to 
Lyman  King  certain  lands;"  '*An  act  to  authenticate  the  proceedings  of 
Jacob  Davis  as  Collector  of  a  Tax  on  the  town  of  Milton ;"  "An  act  ap- 
pointing a  Committee  to  lay  out  a  post  road  from  Middlebury  to  Pitts- 
lord,"  and  "An  act  incorporating  a  Company  of  Artillery  in  the  town  of 
Montpelier,"  and  the  said  hills  being  severally  read  and  considered, 
Resolved,  To  concur  with  the  house  in  passing  them  into  laws. 

On  motion  of  M'-  Lyon,  Ordered,  That  M'-  Hatch  join  the  Committee 
appointed  by  the  house  on  the  Petition  of  Asa  Wheefock,  [in  place  of  M'- 
Keyes]  absent  on  leave. 

The  Committee  on  the  bill  Entitled  "an  act  authorising  and  directing 
the  surveyor  General  to  procure  certain  papers  and  records  therein 
named,"  reported  that  the  same  ought  to  be  nonconcurred,  and  said  bill 
being  again  read,  the  report  was  rejected,  and  on  motion.  Resolved, 
That  it  be  recommended  to  the  General  Assembly  to  refer  the  consider- 
ation of  this  bill  to  the  next  session  of  the  Legislature,  and  Ordered, 
That  M^-  Chipman  inform  the  house  of  the  reasons  of  Council  in  recom- 
mending said  reference. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
^'An  act  constituting  and  appointing  a  Company  of  Grenadiers  in  Ben- 
nington," was  sent  up  for  revision  and  concurrence  or  proposals  of 
amendment,  and  being  read,  Resolved,  To  nonconcur  with  the  house  in 
passing  said  bill  into  a  law,  for  the  following  reasons:    Should  this  bill 

Sass  it  would  interfere  with  the  power  which  by  the  third  section  of  our 
lilitia  law  is  expressly  vested  in  the  field  officers  of  every  Regiment,  to 
arrange  the  Militia  within  their  limits  into  Companies,  and  the  same  to 
alter^  whenever  in  their  opinion  the  state  of  any  of  the  companies  shall 
require  it  The  exercise  of  this  power  by  the  Legislature  at  the  instance 
of  a  few  petitioners,  without  the  knowledge  of  the  field  oflicers  of  the 

16 


226  0-ovemor  and  Council — November  1808. 

Regiment,  as  is  the  case  iu  the  present  instance,  would  have  a  tendency 
to  create  an  invidious  distinction  unfavorable  to  the  well  ordering  of 
our  Militia. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representatives, 
were  sent  up  for  revision  aud  concurrence  or  proposals  of  amendment, 
viz.  "An  act  constituting  a  Company  of  Artillery  in  Willistou,"  &  "An 
act  constituting  an  independent  company  of  Artillery  in  the  town  of 
Rockingham,"  and  being  read.  Resolved,  To  nonconcur  with  the  house 
in  passing  said  bills  into  laws  for  the  following  reasons,  to  wit:  Tiie 
passing  of  the  two  bills  for  independent  companies  of  Artillery  would 
materially  injure  and  derange  our  military  system.  The  Militia  of  this 
State  are  formed  into  Companies  of  Infantry,  light  infantry,  artillery 
and  Cavalry:  The  power  of  forming  companies  of  light  Infantry,  Artil- 
lery and  cavalry  from  the  great  bo<ly  or  the  infantry  is  vested  in  the 
Generals  of  Brigades,  and  lest  the  Infantry  should  be  too  much  weak- 
ened in  forming  select  corps  it  is  expressly  declared,  in  the  eleventh 
Section  of  our  Militia  act,  that  the  companies  of  Artillery  and  Cavalry 
shall  in  no  vnstance  exceed  the  eleventh  part  of  the  Infantry.  The 
Council  are  therefore  of  opinion,  it  would  be  unwise  to  innovate  upon 
the  present  system,  by  particular  and  partial  acts. 

Received  from  the  house  of  Representatives  a  bill  Entitled  an  act  for 
the  reguliUion  of  the  State's  Prison  and  altering  the  punishment  of 
crimes,  recommitted  by  the  house  to  the  former  joint  Committee,  in 
which  recommittment  the  Governor  and  Council  concurred. 

The  Committee  on  the  hill  Entitled  "An  act  granting  to  Heman 
Allen  the  exclusive  privilege  of  building  a  toll  bridge  across  Missisquoi 
River,"  reported  sundry  amendments,  which  were  adopted,  and  Resolved, 
To  concur  with  the  house  in  passing  s**  bill  into  a  law,  with  the  proposals 
of  amendments  thereto  annexed,  and  Ordered,  That  M*"  Chipman  inform 
the  house  of  the  reasons  of  Council  in  proposing  said  amendments. 

Adjd  to  2  O'clk  P.  M. 

2  O'CLOCK  P.  M. — The  following  Engrossed  bills,  passed  in  the  house 
of  Representatives,  were  sent  up  for  revision  and  concurrence  or  pro- 
posals of  amendment,  to  wit:  **An  act  laying  a  tax  of  two  cents  per  acre 
on  the  town  of  Berkshire;"  *'An  act  directing  an  endorsement  on  a  cer- 
tain note  payable  to  the  State  Treasurer:"  *'An  act  incorporating 
certain  persons  therein  named  by  the  name  of  the  Poultney  Manufac- 
turing Company;"  ''An  act  granting  certain  privileges  to  the  Fairhaven 
Turnpike  Company,"  and  "  An  act  directing  the  Treasurer  to  pay 
Thomas  Gustin  tlie  sum  therein  mentioned,"  and  being  severally  read, 
Resolved,  To  concur  with  the  house  in  passing  said  bills  into  laws. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "An  act 
for  the  relief  of  Silas  Hathaway,"  with  this  order  thereon:  "In  General 
Assembly  Nov.  7,  1808,  This  bill  was  bro'  in  on  motion  &  leave  by  M' 
Farnswoith,  read  &  referred  to  Mess*  Farnsworth,  Edmond  &  Rich  to 
join  a  Committee  from  Council,  Attest  M.  Post  Clerk,"  and  the  ssmie 
being  read.  Ordered,  That  M'-  Chittenden  join  said  Committee  of  tlu' 
house. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representative^, 
were  sent  up  for  revision  and  concurrence  or  proposals  of  amendmeni. 
to  wit:  "An  jict  directing  the  Treasurer  to  pay  to  Daniel  Oat  man  the 
sum  therein  mentioned,  ■  and  "  An  act  directing  the  Treasurer  to  i)av 
the  sum  therein  mentioned,"  and  being  severally  read  &  considered, 
Resolved,  To  nonconcur  with  the  house  in  passing  said  bills  into  laws, 
for  the  following  rejisons.  to  wit:  For  that  altho'  the  State's  Attorney  of 
Bennington  County  had  a  right  to  secure  the  said  Counterfeit  Bills,  for 
the  purpose  of  producing  the  same  in  evidence  against  the  said  James 


Governor  and  Council — November  1808.  227 

Lynn  on  a  trial  of  an  indictment  against  him  for  passing  the  same,  Yet 

this  could  not  have  prevented  the  said  Oatman  and  the  said 

from  pursuing  their  legal  remedy  against  the  said  Lynn,  for  the  said 
State's  Attorney  would  at  any  time  have  produced  the  said  bills  in  Court 
as  evidence  on  Ihe  part  of  the  said  Oatman  and  the  said on  request. 

The  Committee  to  whom  was  referred  the  bill  Entitled  an  act  in  alter- 
ation of  an  act  Entitled  an  act  laying  a  road  from  Danville  Court  house 
in  the  County  of  Caledonia  to  the  Court  house  in  Guildhall  in  the 
County  of  Essex,  reported  that  s**  bill  be  amended  by  erasing  the  words 
"or  any  two  of  them,"  in  the  fourth  line;  which  report  was  accepted, 
and,  on  motion,  Resolved,  To  concur  with  the  house  in  passing  said  bill 
into  a  law,  with  said  proposal  of  amendment,  and.  Ordered,  That  M'- 
Dana  inform  the  house  of  the  reasons  of  Council  in  proposing  the  same. 

Adjourned  untill  9  O'clock  Tomorrow  morning. 


Tuesday,  November  8«»'  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  of  Representatives  a  bill  Entitled  an  act  di- 
recting the  Treasurer  to  pay  O.  [Otway]  Barker  the  sum  therein  men- 
tioned, with  this  order  thereon:    "In   General  Assembly  Nov.  7,  1808, 

This  hill  was  bro'  in  on  motion  and  leave  by  M'  ,  read  &  referred  to 

the  joint  Committee  on  the  Petition  of  Sam*  Frizzle  &c.  Attest  M. 
Post  Clerk,"  and  the  same  being  read,  Resolved,  To  concur  with  the 
house  in  their  said  reference. 

Received  from  the  house  of  Representatives  a  written  message  as 
follows:  "In  General  Assembly  Nov.  7,  1808,  Resolved,  that  this  house 
do  concur  with  the  G^)vernor  and  Council  in  their  amendments  to  the 
following  bills,  viz.  A  bill  Entitled  "An  act  for  the  relief  of  Minott 
Farmer;"  A  bill  Entitled  "An  act  in^alteration  of  an  act  Entitled  an  act 
incorporating  certain  persons  therein  mentioned  by  the  name  of  the  Hub- 
barton  Turnpike  Company,"  and  A  bill  Entitled  "An  act  in  alteration 
of  an  act  Entitled  an  act  laying  a  County  road  from  Danville  Court 
house  in  the  County  of  Caledonia  to  the  Court  house  in  Guildhall  in 
the  County  of  Essex,"  And  the  said  bills  have  passed  into  laws.  Ex- 
tract from  the  Journals,     Attest  Martin  Post  Clerk." 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"an  act  reviving  an  act  Entitled  an  act  establishing  a  Corporation  by 
the  name  of  the  Boston  &  Montreal  Turnpike  Company  &c."  was  sent 
up  for  revision  &  concurrence  or  proposals  of  amendment,  read  and 
amended  by  erasing  in  the  5**^  Section,  3<*  line,  the  words  "Stafford 
Smith  of  Betiiel,"  and  inserting  "  Thomas  Taylor  of  Wolcott,"  and  then 
Resolved,  To  concur  with  the  house  in  passing  said  bill  into  a  law  with 
said  proposal  of  amendment,  and  Ordered,  That  M'-  Chipman  inform 
the  house  of  the  reasons  of  Council  in  proposing  the  same. 

Received  from  the  house  of  Representiitives  a  bill,  Entitled  An  act 
directing  the  Treasilrer  to  pay  the  several  sums  therein  mentioned, 
with  this  order  thereon:  "  In  General  Assembly  Nov.  8, 1808,  Read  and 
ordered  to  be  recommitted  to  the  joint  Committee  on  Dan*-  Staniford's 
account.  Attest  Martin  Post  Clk.^'  and  the  same  being  read,  Resolved, 
To  concur  with  the  house  in  their  said  recommittment. 

On  motion  of  M"^-  Lyon,  Ordered,  That  M'-  Fletcher  join  the  Com- 
mittee appointed  by  the  house  on  the  Petition  for  a  new  County,  in  the 
room  of  M*"-  Keyes  absent  on  leave. 

The  Governor  and  Council  took  under  consideration  the  Petition  of 
John  Fitch  Jun'-  praying  to  have  a  certain  fine  imposed  upon  him 
bv  the  Supreme  Court  of  Judicature  remitted,  and  it  appearing  to  the 
Governor  and  Council  that  the  said  fine  has  been  settled  by  giving  a 


228  Qavemar  and  Council — November  1808. 

note  for  the  same  and  the  Judgment  of  the  Court  thereby  satisfied,  It 
is  thereupon  Ordered,  That  the  Petitioner  have  leave  to  withdraw  his 
Petition. 
Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M. — The  following  Engrossed  bills,  passed  in  the  house 
of  Representatives,  were  sent  up  for  revision  and  concurrence  or  pro- 
posals of  amendment,  viz.  ^^An  act  appointing  a  Committee  to  lay  out 
a  County  or  Market  Boad  from  Derby  to  Guildhall ;"  '^Au  act  to  repeal 
an  act  directing  a  suit  for  the  nurpose  of  ascertaining  the  validity  or  the 
charter  of  Wheelock,  passed  Octooer  Session  1807;"  ''An  act  empower- 
ing a  Committee  to  lay  out  a  certain  County  road  therein  mentioned;" 
^'An  act  in  addition  to  an  act  Entitled  an  act  for  the  purpose  of  estab- 
lishing an  academy  at  Montpelier  in  the  County  of  Caledonia;"  "An  act 
for  the  relief  of  Silas  Remington  of  Rupert;"  "An  act  in  addition  to  an 
act  appointing  a  Committee  to  lay  out  a  road  from  the  County  road  in 
Barton  to  the  Countv  road  leading  from  Greensboro  to  Guildhall,"  and 
"An  act  granting  a  ^rry  to  Ephraim  Beardsley  and  Ebenezer  Hatch," 
and  said  bills  being  severally  read,  Resolved,  To  concur  with  the  house 
ip  passing  them  into  laws. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  appointing  a  Committee  to  lay  out  a  Post  road  from  HubbePs 
Falls  on  Onion  River  to  the  North  line  of  Huntsburgh,"  was  sent  up  for 
revision  and  concurrence  or  proposals  of  amendment;  read  and  Ordered 
That  it  be  referred  to  M'-  Willoby. 

M*^-  Hutchinson  returned  from  the  house  the  bill  Entitled  "an  act  to 
repeal  an  act  Entitled  an  act  laying  a  tax  of  two  cents  per  acre  on  the 
township  of  Pittsfield,  passed  Nov.  6, 1807,"  and  which  the  Council  had 
passed,  nonconcurred  by  the  house,  and  after  assigning  the  reasons  tor 
such  uonconcurrence  he  withdrew.  Whereupon,  Ordered,  That  said 
bill  lie  on  the  table. 

On  motion,  Resolved,  that  the  Governor  be  requested  to  appoint 
Wednesday,  the  twelfth  day  of  April  next,  to  be  observed  as  a  day  of 
public  humiliation,  fasting  and  prayer  throughout  this  State. 

The  Committee  to  whom  was  referred  the  bill  Entitled  "an  act  ap- 
pointing a  Committee  to  lay  out  apost  road  from  HubbelPs  Falls,  on 
Onion  River,  to  the  north  Ime  of  Huntsburgh,"  reported  that  said  bill 
ought  to  become  a  law,  whereupon  Resolved,  To  concur  with  the  house 
in  passing  said  bill  into  a  law. 

Received  again  from  the  house  of  Representatives  a  Memorial  against 
the  Directors  of  the  State  Bank,  with  this  new  order  thereon:  "  In  Gen- 
eral Assembly  Nov.  8,  1808,  Read  and  ordered  to  be  recommitted,  and 
M'-  Rich  added  to  the  former  joint  Committee.  Attest  M.  Post  Clerk," 
and  said  order  beins^  read.  Resolved,  To  concur  with  the  house  in  said 
recommittment,  and  Ordered,  that  M'-  Fletcher  be  added  to  the  former 
joint  Com««- 

Received  from  the  house  of  Representatives  a  bill  Entitled  "  An  act 
providing  for  the  purchase  of  fire  arms  for  the  Militia  of  this  State," 
with  this  order  thereon:  ''In  General  Assembly  Nov.  8,  1808,  Read  St 
recommitted,  for  the  purpose  of  filling  up  the  blanks,  to  the  former  joint 
Committee.  Attest  M.  Post  Clerk,"  and  the  same  being  read,  Resolved, 
To  concur  with  the  house  in  their  recommittment. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "  An  act 
granting  relief  to  William  Scott  &  John  Spencer,"  with  this  order 
thereon:  "  In  General  Assembly  Nov.  8, 1808,  Read  &  referred  to  Mess*- 
L.  Hall,  Lynde  and  Norton,  to  join  a  Committee  from  the  Council.  At* 
test  M.  Post  Clerk,"  and  the  same  being  read,  Ordered,  That  M*"'  Lang- 
don  join  the  above  Committee  of  the  house. 


Chnfemor  and  Council — November  1808.  229 

Ad  ED^ossed  bill,  passed  in  the  house  of  RepresentAtives,  Entitled 
*^An  act  directing  the  Treasurer  to  pay  the  several  sums  therein  men- 
tioned," was  sent  up  for  revision  &  concurrence  or  proposals  of  amend- 
ment, read  &  Resolved,  To  concur  with  the  house  in  passing  said  bill 
into  a  law. 

Adjourned  to  9  O'clock  on  Wednesday  morning. 


Wednesday  November  9^^  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  Committee  to  whom  was  referred  the  bill  Entitled  "  an  act  grant- 
ing: to  Ebenezer  Marvin  Jun*"-  the  exclusive  privilege  of  building  a  toll 
bridge  across  the  Missisquoi  River,"  reported  sundry  amendments, 
whereupon  Resolved,  To  concur  with  the  house  in  passing  said  bill  into 
a  law,  with  the  proposals  of  amendment  thereto  annexed,  and  Ordered, 
That  M*"-  Chipman  inform  the  house  of  the  reasons  of  the  Council  in 
proposing  said  amendments. 

Received  from  the  house  of  Representatives  the  following  resolution: 
"  In  General  Assembly  Nov.  7, 1808,  Resolved,  the  Governor  and  Coun- 
cil concurring  herein,  that  both  houses  meet  in  joint  Committee  in  the 
Representatives'  room,  on  Wednesday  next  at  two  O'clock  P.  M.  for  the 
purpose  of  electing  thirteen  Directors  of  the  Vermont  State  Bank  for 
tlie  year  ensuing.  Extract  from  the  Journals,  Attest  M.  Post  Clerk," 
and  the  same  being  read.  Resolved,  To  concur  with  the  house  therein, 
with  this  proposal  of  amendment,  erase  **  Wednesday  next  at  2  O'clock 
P.  M."  &  insert  "  Thursday  next  at  10  O'clock  A.  M." 

Received  from  the  house  of  Representatives  a  bill  Entitled  ^^  An  act 
for  the  relief  of  Nath^  Bos  worth  Ju'- "  with  this  order  thereon  :  "  In 
General  Assemblv  Nov.  8, 1808,  This  bill  was  bro'  in  on  motion  &  leave 
by  M'-  Knapp — Nov.  8^  read  &  referred  to  Mess*-  J.  Dana,  Eddy  &  Put- 
nam to  join  a  Committee  from  the  Council.  Attest  M.  Post  Clerk," 
and  the  same  being  read.  Ordered,  that  M'-  Fletcher  join  said  Commit- 
tee of  the  house. 

Received  from  the  house  the  following  written  messages:  "In  Gen- 
eral Assembly  Nov.  8, 1808,  Resolved  to  concur  with  the  Governor  and 
Council  in  their  amendments  to  the  bill  "  granting  to  Heman  Allen  the 
right  of  building  a  toll  bridge  over  Missisquoi  River,"  and  the  bill  *'  re- 
viving an  act  establishing  a  Corporation  by  the  name  of  the  Boston  & ' 
Montreal  Turnpike  Company."  And  the  bills  as  amended  have  become 
laws  of  this  State.  Extract  from  the  Journals,  Attest  Martin  Post 
Clerk." 

"  In  General  Assembly  Nov.  8, 1808,  Resolved  that  this  house  concur 
with  the  Governor  &  Council  in  passing  into  a  law  the  bill  Entitled  "An 
act  to  extend  the  time  of  the  completion  and  approbation  of  the  Centre 
Turnpike  road."  Extract  from  the  Journals,  Attest  Martin  Post 
Clerk." 

Received  from  the  house  of  Representatives  a  bill  Entitled  "  an  act 
laying  a  tax  on  Deweysburofh,"  with  this  order  thereon:  "  In  General 
Assembly  Nov.  8, 1808,  Read  and  recommitted  to  the  second  joint  land 
tax  Committee.  Attest  M.  Post  Clerk,"  and  the  same  being  read,  Re- 
solved, To  concur  with  the  house  in  their  said  recommittment. 

Received  from  the  house  a  bill  Entitled  "  An  act  directing  the  Treas- 
urer to  pay  Jesse  Heath  the  sum  therein  mentioned,"  with  this  order 
thereon:  "In  General  Assembly  Nov.  9,  1808,  This  bill  was  bro'  in  on 
motion  &  leave  by  M*^-  Heath,  read  and  referred  to  the  joint  Committee 
of  Claims.  Attest  M.  Post  Clerk,"  and  the  same  being  read,  Resolved, 
To  concur  with  the  house  in  their  said  reference. 


230  Governor  and  Council — November  1808. 

On  Motion,  M'-  Miller  obtained  leave  to  introduce  a  bill  Entitled  ''An 
act  in  explanation  of  an  act  Entitled  an  act  for  the  limitation  of  suits  on 
penal  statutes  &c."  and  being  read,  Ordered,  That  it  be  referred  to  M'- 
Chipman  &  M'-  Langdon. 

The  following  bills,  passed  in  the  house  of  Representatives,  were  sent 
up  for  revision  and  concurrence  or  proposals  of  amendment,  to  wit,  **An 
act  assessing  a  tax  of  one  cent  on  the  dollar  on  the  list  of  the  present 
year,"  [Slate  tax;]  '*An  act  enabling  Lyman  Bridge  Corporation  to  hold 
certain  lands;"  "An  act  directing  the  Treasurer  to  credit  the  first  Con- 
stable of  Rochester  the  sum  therein  mentioned;"  "An  act  discharging 
the  town  of  Warren  from  the  payment  of  certain  State  taxes;"  "An  act 
establishing  and  giving  validity  to  a  certain  book  of  records  of  the  town 
of  Vershire,"  and  *'  An  act  providing  for  the  regulation  of  the  State 
Prison  and  altering  the  punishment  of  crimes,"  and  said  bills  being  sev- 
erally read  and  considered,  Kesolved,  To  concur  with  the  house  in  pass- 
ing them  respectively  into  laws. 

On  motion  of  M*^-  Dana,  Resolved,  The  house  of  Representatives  con- 
cusring  herein,  that  both  houses  meet  in  joint  Committee  in  the  Repre- 
sentatives' room  on  Thursday  morning  next  at  ten  O'clock,  for  the 
purpose  of  electing  a  Chief  Judge  of  the  County  Court  within  &  for  the 
County  of  Essex,  for  the  year  ensuing,  in  the  room  of  Haines  French 
Esq'-  who  declines  accepting  his  appointment  to  said  office,  and  also  lo 
elect  an  Auditor  of  accounts  against  the  State. 

M*^-  Pratt,  a  Member  of  the  General  Assembly,  returned  from  that 
body  the  bill  Entitled  "An  act  directing  the  Treasurer  to  pay  Daniel 
Oatman  the  sum  therein  mentioned,"  which  was  nonconcurred  by  the 
Governor  &  Council  on  the  7  In*-  with  this  order  of  the  house  thereon: 
"  In  General  Assembly  Nov.  9, 1808,  Read  &  passed  &  ordered  to  be  sent 
to  the  Governor  &  Council  for  their  revision  &  concurrence  or  proposals 
of  amendment,  and  that  M*^-  Pratt  return  the  same  &  assign  the  reasons 
of  the  house.  Attest  M.  Post  Clerk,"  and  M*^-  Pratt,  alter  assigning  the 
reasons  of  the  house  for  insisting  upon  the  passing  of  said  bill,  withdrew. 

M*"-  Chipman  to  whom  was  referred  the  bill  Entitled  "An  act  granting 
to  Joseph  Robinson  &  others  the  exclusive  privilege  of  erecting  a  toll 
bridge  across  Missisquoi  River  in  Swanton,"  reported  an  amendment, 
whereupon,  Resolved,  To  concur  with  the  house  in  passing  said  bill 
into  a  law  with  the  proposal  of  amendment  thereto  annexed,  and  Or- 
dered, That  M'  Chipman  inform  the  house  of  the  reasons  of  the  Gov- 
ernor &  Council  in  proposing  the  same. 

An  Engrossed  bill  Entitled  *'An  act  appointing  a  Committee  for  the 
purposes  therein  mentioned,"  passed  in  the  house  of  Representatives, 
was  sent  up  for  revision  &c.  &  being  read.  Ordered,  That  it  be  referred 
to  M'-  Hatch  &  M'  Chittenden. 

Adjourned  to  2  O'clock  P.  M. 

2  O'clock  P.  M.— The  following  Engrossed  bills,  passed  in  the  house 
of  Representatives,  were  sent  up  for  revision  &  concurrence  or  proposals 
of  amendment,  viz.  "An  act  to  revive  an  act  laying  a  tax  of  two  cents 
per  acre  on  the  town  of  Hard  wick;"  "An  act  exempting  the  Manufac- 
tory of  William  Trotter  from  taxation;"  ''An  act  directing  the  Treas- 
urer to  pay  to  Asa  Bulkley  the  sum  therein  mentioned;"  **  An  act 
appointing  a  place  for  the  meeting  of  the  Electors  of  President  and  Vice 
President  of  the  United  States;"  ''An  act  directing  the  Auditor  of  Ac- 
counts to  audit  an  account  of  Thomas  Tolman;"  "An  act  in  addition  to 
an  act  incorporating  &  establishing  an  Academy  in  Dorset;"  "An  act  to 
enable  the  Proprietors  and  Land  owners  of  the  Township  of  New  Hunt- 
ington to  divide  their  lands  into  severalty;"  "An  act  directing  the 
Treasurer  to  pay  Freeman  Yining  the  sum  therein  mentioned,"  and  "An 


Governor  and  Council — November  1808.  231 

act  directing  the  Treasurer  of  the  State  of  Vermont  to  pay  Amherst 
Willoby  &  Abijah  Stone  the  suras  therein  raentioned."  and  being  sev- 
erally read  &  considered,  Resolved,  To  concur  with  the  house  in  passing 
said  bills  into  laws. 

Received  from  the  house  the  following  resolution:  "In  General  As- 
sembly Nov.  9,  1808,  Resolved  that  a  Com*  of  three  members  be  ap- 
pointed from  the*  house,  to  join  such  Committee  as  the  Governor  & 
Council  may  appoint,  to  take  into  consideration  the  expediency  of  pro- 
curing a  bell  and  other  furniture  for  the  State  House,  and  the  expediency 
of  painting  said  house,  and  appointing  a  Surveyor  of  the  public  buikl- 
ings  in  Montpelier,  and  also  the  procuring  maps  of  this  State  for  the  use 
of  the  Legislature,  and  report  by  bill  or  otherwise — Members  chosen, 
Mess*-  Olin,  Cameron  &  Ware.  Extract  from  the  Journals,  Att.  M. 
Post  Clk."  and  the  same  being  read.  Ordered,  That  M*^-  Chipman  join 
the  Committee  from  the  house  on  the  foregoing  resolution. 

The  joint  Committee  on  the  bill  Entitled  ''An  act  in  explanation  of 
an  act  for  the  limitation  of  suits  on  penal  statutes  &c."  reported  an 
amendment  to  be  made  to  said  bill,  which  was  adopted,  and  thereupon 
Resolved,  That  said  bill  pass,  and  Ordered  that  the  same  be  Engrossed 
and  sent  to  the  General  Assembly  for  their  revision  &  concurrence. 

Received  from  the  house  of  Representatives  a  bill  Entitled  "  An  act 
designating  what  fees  shall  be  allowed  the  President  and  Directors  of 
the  Vermont  State  Bank,"  with  this  order  thereon:.  ''In  General  As- 
sembly Nov.  7,  1808,  This  bill  was  bro*  in  on  motion  &  leave  by  M'- 
Luce,  read  and  referred  to  Mess*  Luce,  Morris  &  Linsley  to  join  a  Com- 
mittee from  Council.  Attest  M.  Post  Clerk,"  and  the  same  being  read. 
Ordered,  That  M"^-  Buckingham  join  the  above  Com**  of  the  house. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
•'An  act  laying  a  land  tax  of  two  cents  per  acre  on  the  town  of  Newark," 
was  sent  up  for  revision  &c.  read  &  Resolved,  That  it  be  recommended 
to  the  General  Assembly  to  refer  the  consideration  of  said  bill  to  the 
next  session  of  the  Legislature,  and  Ordered,  That  M*^-  Chipman  inform 
the  house  of  the  reasons  of  the  Governor  &  Council  for  proposing  said 
reference. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representatives, 
were  sent  up  for  revision  &c.  viz.  ''An  act  laying  a  tax  of  two  cents  per 
acre  on  the  town  of  Burke;"  "An  act  for  the  relief  of  Stephen  Wood- 
ward;" "An  act  extending  the  time  &  directing  the  mode  of  collecting 
the  cent  tax  on  the  town  of  Enosburgh,"  and  ''  An  act  establishing  a 
Corporation,  by  the  name  of  the  Stratton  Turnpike  Company,"  and  be- 
ing severally  read.  Resolved,  To  concur  with  the  house  in  passing  the 
same  into  laws. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
'•An  act  confirming  the  proceedings  of  the  Selectmen  of  Barnet  in  as- 
sessing the  Slate  prison  tax  on  said  Town,"  was  sent  up  for  revision  &c. 
read  &  Resolved,  To  nonconcur  with  the  house  in  passing  said  bill  into 
a  law,  and  Ordered,  That  M'  Chipman  inform  the  house  of  the  reasons 
of  the  Governor  &  Council  for  their  said  nonconcurrence. 

Adjourned  to  9  O'clock  Tomorrow  morning. 


Thursday,  November  lO****  1808,  9  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

Received  from  the  house  the  following  written  message:  "  In  General 
Assembly  Nov.  9, 1808,  Resolved,  that  Uiis  house  concur  with  the  Gov- 
ernor and  Council  in  their  amendment  to  the  bill  Entitled  "  An  act  in- 


282  Governor  and  Council — November  1808. 

corporating  certain  persons  therein  named  by  the  name  of  the  Swanton 
Missisquoi  Bridjije  Company,''  and  a  bill  Entitled  *'An  act  incorporating 
certain  persons  therein  named  by  the  name  of  the  Swanton  [Sheldon]  Mis- 
sisquoi nridge  Company."  And  the  said  bills  have  passed  into  laws.  Also 
Resolved,  to  concur  with  the  Governor  &  Council  in  their  resolution 
appointing  Thursday  morning  at  ten  o'clock  for  the  two  houses  to  meet 
in  joint  Committee  for  the  purpose  of  electing  a  Chief  Judge  of  the 
County  Court  in  the  County  of  Essex,  in  the  room  of  Haines  French 
declined,  and  an  Auditor  of  accounts  against  the  State.  Also,  Resolved, 
to  concur  with  the  Governor  &  Council  in  their  amendment  to  the  reso- 
lution appointing  a  time  for  the  two  houses  to  meet  in  joint  Committee 
for  the  purpose  of  electing  Directors  of  the  Vermont  State  Bank  for  the 
year  ensuing.    Extract  from  the  Journals,    Attest  Martin  Post  Clerk." 

The  Council  again  took  under  consideration  the  bill  Entitled  "An  act 
directing  the  Treasurer  to  pay  Daniel  Oatnian  the  sum  therein  men- 
tioned,'' and  on  motion.  Resolved,  That  it  be  recommended  to  the  Gen- 
eral Assembly  to  refer  the  further  consideration  of  this  bill  to  the  next 
session  of  the  Legislature,  and  Ordered  that  M'"-  Chipman  Inform  the 
house  of  the  reasons  of  the  Governor  and  Council  for  proposing  said 
reference. 

The  following  Engrossed  bills,  i)as8cd  in  the  house  of  Representa- 
tives, were  sent  up  for  revision  and  concurrence  or  proposals  of  amend- 
ment, viz.  "An  act  empowering  the  proprietors  of  Lutterloh  to  complete 
the  survey  of  said  town;"  "An  act  granting  to  Elias  Buel  the  sum 
therein  mentioned;"  "An  act  directing  the  Treasurer  to  pay  James  D. 
Butler  and  Johnson  Richardson  the  sums  therein  mentioned ;"  "An  act 
freeing  the  Hartlbrd  Manufacturing  Company  from  assessment  or  taxes;" 
"An  act  to  provide  for  the  collection  of  the  State  prison  tax  on  Tun- 
bridge  G<»re,"  and,  "An  act  annexing  part  of  the  town  of  Huntington 
alias  New  Huntington  to  the  town  of  Bolton,"  and  said  bills  being  sev- 
erally read  and  considered.  Resolved,  To  concur  with  the  house  in 
passing  them  into  laws. 

Received  from  the  house  the  following  resolution,  viz.  "  In  General 
Assembly  Nov.  7, 1808,  Resolved,  the  Governor  and  Council  concurring 
herein,  that  both  houses  meet  in  the  Representatives'  room  at  twelve 
O'clock  A.  M.  on  Thursday  next,  for  the  purpose  of  adjourning  the 
General  Assembly  without  day;  read  &  adopted.  Extract  from  the 
Journals,  Att.  AL  Post  Clerk,'  and  the  same  being  read.  Ordered,  That 
said  resolution  be  referred  to  M""-  Hatch  to  enquire  and  make  renort  at 
what  lime  the  General  Assembly  can  safely  adjourn  without  public  det- 
riment, who  reported  tomorrow  morning  at  10  O'clock;  adopted,  where- 
upon Resolved,  To  concur  with  the  house  in  said  resolution  as  amended, 
&  Ordered,  That  M'-  Chipman  inform  the  house  of  the  reasons  of  the 
Governor  &  Council  in  postponing  the  same. 

On  motion  M"^-  Dana  obtained  leave  to  introduce  a  bill  Entitled  "An 
act  in  addition  to  an  act  assessing  a  tax  of  seven  mills  on  each  acre  of 
land  in  the  County  of  Essex,  passed  Nov.  6^^'  1807,"  and  the  same  being 
read.  Resolved,  That  said  bill  do  pass,  and  ordered,  that  the  same  be 
Engrossed  and  sent  to  the  General  Assembly  for  their  concurrence. 

The  Committee  on  the  bill  Entitled  "an  act  appointing  a  Committee 
for  the  purposes  therein  mentioned,"  reported  that  said  bill  ought  not 
toj)ass,  whereupon  Resolved,  To  nonconcur  with  the  house  in  passing 
said  bill  into  a  law  for  the  following  reasons,  to  wit,  For  that  the  Com- 
mittee appointed  to  superintend  the  expenditure  of  said  tax  have  not 
advertised  the  same  agreeably  to  law,  having  notified  the  proprietors  to 
work  out  half  of  the  tax  the  last  season,  and  the  other  half  the  next 
season,  whereas  the  law  required  said  Committee  to  notify  the  propria- 


Cf-ovemor  and  Council — Nbvemier  1808.  233 

tors  to  work  out  the  whole  of  their  tax  the  last  season.    It  would  there- 
fore be  of  no  use  to  pass  this  act. 

Pursuant  to  the  concurrent  resolution  of  both  houses,  the  Governor 
&  Council  proceeded  to  the  Representatives'  room  and  met  the  house 
in  joint  Committee  for  the  purpose  of  Electing  the  Directors  of  the 
State  bank  and  the  Auditor  of  accounts  against  the  state  for  the  year 
ensuing,  and  also  a  Chief  Judge  of  the  County  Court  of  Essex  County, 
in  the  room  of  Haines  French  declined,  and  after  having  completed  the 
election  of  the  Directors  of  the  State  Bank,  the  joint  Committee  was 
adjourned  untill  three  o'clock  P.  M.  and  the  Governor  &  Council 
returned  to  their  Chamber  and  adjourned  to  2  O'clk  P.  M. 

2  O'clock  P.  M. — The  following  Engrossed  bills,  passed  in  the  house 
of  Representatives,  were  sent  up  for  revision  and  concurrence  or  pro- 
posals of  amendment,  to  wit,  *'An  act  supplementary  to  an  act  Entitled 
an  act  incorporating  a  Company  of  Artillery  in  Montpelier;"  "An  act 
extending  the  time  for  completing:  the  Sand-Har  Turnpike;"  "An  act 
reviving  an  act  laying  a  tax  on  Moretown;"  "An  act  in  addition  to  an 
act  establishing  the  Passumpsick  Turnpike  Company;"  "An  act  to 
revive  an  act  laying  a  tax  of  three  cents  per  acre  on  tne  town  of  Hop- 
kinville,  passed  31»'  October  1806;"  "An  act  making  compensation  to 
the  Directors  of  the  [State]  Bank;"  "An  act  for  the  relief  of  the  Admin- 
istrators of  Jonathan  Parker  Esquire  deceased;"  "An  act  directing  the 
State  Printer  to  publish  the  rules  of  discipline  and  laws  regulating  & 
governing  the  Militia  of  this  State;"  "An  act  directing  the  Treasurer 
to  pav  Samuel  Frizzle  the  sum  therein  mentioned,"  and  "An  act  direct- 
ing the  Treasurer  to  pay  the  sums  therein  mentioned,"  and  being  sev- 
erally read  and  considered  Resolved,  To  concur  with  the  house  in 
passing:  said  bills  respectively  into  laws. 

Received  from  the  House  of  Representatives  the  following  resolution, 
to  wit,  "  In  General  Assembly  Nov.  10, 1808,  Resolved,  the  Governor  & 
Council  concurring  therein,  that  both  houses  meet  in  joint  Committee 
at  half  past  three  O'clock  this  afternoon,  for  the  purpose  of  electing  five 
persons  for  Visitors  of  the  State  Prison.  Extract  from  the  Journals, 
Attest  M.  Post  Clerk,*'  and  the  same  being  read,  Resolved  To  concur 
with  the  house  therein. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives,  Entitled 
"An  act  laying  a  tax  of  three  cents  per  acre  on  the  town  of  Westmore," 
was  sent  up  for  revision  &c.  read,  &  on  motion  Resolved,  That  it  be 
recommended  to  the  house  to  refer  the  further  consideration  of  this  bill 
to  the  next  session  of  the  General  Assembly,  and  Ordered,  That  M""- 
Chipman  inform  the  house  of  the  reasons  of  the  Governor  &  Council  in 
proposing  said  reference. 

An  Engrossed  bill,  passed  in  the  house  of  Representatives.  Entitled 
"An  act  directing  the  Treasurer  to  pay  Elisha  King  &  Thomas  Rem- 
ington the  sums  therein  mentioned,"  was  sent  up  for  revision  &  concur- 
rence or  proposals  of  amendment,  read  &  on  motion  Resolved,  That  it 
be  recommended  to  the  house  to  refer  the  further  consideration  of  this 
bill  to  the  next  session  of  the  General  Assembly,  and  ordered  that  M'- 
Chipman  inform  the  house  of  the  reasons  of  the  Governor  and  Council 
in  proposing  said  reference. 

An  Engrossed  bill  passed  in  the  house  of  Representatives  Entitled 
"An  act  in  addition  to  an  act  Entitled  an  act  to  provide  for  the  compi- 
lation &  printing  of  the  laws  of  this  State,  passed  Oct'-  26,  1807,"  was 
sent  up  for  revision  &  concurrence  or  proi)osals  of  amendment,  read, 
amenaed  &  on  motion.  Resolved,  To  concur  with  the  house  in  passing 
said  bill  into  a  law  with  these  proposals  of  amendment:  after  the  words 
"one  copy"  1'*  line  2°*  page,  insert  "in  full  compensation  for  their  ser- 


234 


Governor  and  Ooundl  —November  1808. 


vices,  by  lliuir  assent,"  &  erawe  after  Ihe  paid  wuids  ''one  copy"  to  the 
word  "And"  in  tlie  sixth  liiie.Hame  pitge;  and  Ordered,  Tlial  'Governor 
Brigliaiii  inform  llie  liouKe  ol"  the  reasons  ()f  tlie  Uovernur  &  Couneil  in 
priiliosing  sail]  amendments. 

Pui'suanl  til  oi^ourunient  &  also  pursuant  to  ttie  concurrent  reaoluliou 
of  both  houses,  the  Governor  &  Council  proceeded  lo  the  RepreHenia- 
livea'  room  ami  met  the  house  in  Joint  Commillce  lor  the  purpose  of 
Elovtini;  a  Chief  Judge  of  the  County  Court  for  Essex  County  in  the 
rmnn  of  Haines  French  declined,  An  auditor  of  accounts  against  the 
State  lor  the  year  ennuiug,  and  Five  Visilora  of  the  State  Prison,  and 
[having]  completed  the  same,  the  joint  committee  was  dissxdved  and  the 
Governor  &  Council  returned  to  their  Chamber  f.nd  resumed  tlie  con- 
Bideralion  of  busincNs  before  them. 

M'-  HutchiuHon.  from  the  houRO,  returned  the  bill  Entitled  "Ati  act 
in  addition  to  an  act  Entitled  au  act  to  provide  for  the  compilation  St 

Srinting  ot  the  laws  ol'  thin  State,  jiassed  Oct.  26'i''  1«07,"  to  which  the 
ovenuir  &  Council  had  made  cerliun  proposals  of  amemlmeut,  with 
tills  order  Ihereoii:  "  In  Genenil  Assemhly  Nov.  10, 1808,  Read  &  re- 
solved to  nonconcur  with  the  Gov.-rnor  &  Council  in  the  amendments 
to  tliLs  bill,  and  M'-  Hutchinson  appointed  to  rt^urn  the  hill  &  assign  the 
reasons  to  the  Council,  Attest  M.  Post  Clerk,"  and  after  as:«igning  the 
reasons,  M''  Hutchinson  withdrew,  WhereU|)on,  on  motion  Benolved,  To 
rescind  I'roni  the  said  proposals  of  amendment,  and  to  concur  with  the 
house  in  passing  said  bill  into  a  law. 

The  Dcbeniure  of  the  L'-  Governor  &  Council  was  read  and  passed  as 
follows,  to  wit — 


Psiil  BriKlinin  I.'-  Govr '  60  , 

Elios  Keyes 4^  I 

Cluiiini--ey  lj»Q[,'doii TJ 

llsnlel  Cliiiiiuau .,..  mi, 


.TM'iiT. 


Zemh  milobv '     4:il 

Abb  \.y,m '      IH" 

Samnel  Floti-h» 1«1  I  I 

Koulien  IlaWh K' 

Jedodlnli  P.  lIuckiDcbaiu 4:i 

Daaiel  [tana TN  i 

Jdlin  E1«w(irtli :a  . 

NiHih  L^lttendsn :iO  ' 

WilllBiu  PagH  Jiin'- Sccr. (U  I 

Jweiih  Anuimrtim  illierirF , .      an' 

Old  biuucil I— 

Axajili  Fletrlicr Tn 

SHiuuel  HhepardKon. 

BamiiBl  Slisw 

Stttlianli-I  Xilw 

Ebeaeiet  Wlieelook 

Berish  L/HiniiH. 

Josifth  WriRlit 

I':ini  Butler. - 

Uulllu  C.  Uallary  Seer. , . 


^. 

. 

n 

Pi 

H 

■^ 

30 

3*  SO 

«  — 

^  ■ 

M  — 

N[3a 

Qovtmor  and  Council — Novtmber  1808.  285 

On  Motion,  Ordered,  That  M'-  Willoby  be  a  Committee  to  receive 
the  Debenture  of  the  L'-  Governor  &  Council. 

Received  again  from  the  house  the  bill  Entitled  ^'An  act  to  establish 
the  proceedings  of  Rufus  Flint  first  Constable  of  the  town  of  Braintree," 
with  this  order  thereon:  "In  General  Assembly  Nov.  10,  1808,  read  & 
recommitted.  Attest  M.  Post  Clk."  and  the  same  being  read,  Resolved, 
To  concur  with  the  house  in  their  said  recommittment. 

Adjourned  untill  8  O'clk  Tomorrow  morning. 


Friday  November  IV^^  1808,  8  O'clock  A.  M. 

The  Council  met  pursuant  to  adjournment. 

The  following  Engrossed  bills,  passed  in  the  house  of  Representa- 
tives, were  sent  up  for  revision  and  concurrence  or  proposals  of  amend- 
ment, to  wit,  '^An  act  establishing  a  Corporation  by  the  name  of  the 
Strafford  Turnpike  Company;-'  *'An  act  laying  a  tax  of  three  cents  per 
acre  on  Dewevsburgh;"  "An  act  appointing  a  Surveyor  of  the  Public 
buildings  of  this  State  in  Montpelier;'-  "An  act  to  remedy  a  mistake 
made  in  the  lists  of  the  present  year;"  "An  act  auth(»riaing  the  Sheriff 
of  Caledonia  County  to  procure  a  suitable  guard  to  secure  State  Prison- 
ers in  Uie  Common  Goal  in  Danville;"  "An  act  appointing  a  Committee 
to  alter  a  certain  road  therein  mentioned;"  "An  act  in  addition  to  and 
alteration  of  an  act  appointing  a  Committee  to  lay  out  a  County  road 
from  the  South  end  of  Lake  Memphremagog  througli  the  County  of  Or- 
leans to  the  South  line  of  Elmore;"  "An  act  directing  the  Treasurer  to 
pay  Alexander  Hutchinson  the  sum  therein  mentioned;"  "An  act  mak- 
ing the  necessary  appropriations  for  the  support  of  government  during 
the  present  session  and  for  other  purposes;"  "An  act  designating  what 
fees  shall  be  allowed  the  President  and  Directors  of  the  Vermont  State 
Bank;"  "An  act  to  enable  the  first  constable  of  Barnet  to  collect  the 
State  Prison  tax;"  "An  act  relating  to  the  Tax  on  Deweysburgh,"  and 
"An  act  for  the  relief  of  Rufus  Flint,"  and  the  same  being  severally 
read  &  considered,  Resolved,  To  concur  with  the  house  in  passing  them 
respectively  into  laws. 

On  Motion  Resolved,  the  General  Assembly  concurring  herein,  that 
the  unfinished  business  remaining  at  the  close  of  the  present  session  of 
the  Legislature  before  both  houses  be  referred  to  the  next  session  of  the 
General  Assembly,  then  to  be  taken  up  and  acted  upon  anew  in  the 
house  of  Representatives. 

On  motion,  M*^-  Langdon  obtained  leave  to  bring  in  a  bill  Entitled 
"An  act  for  the  relief  of  Arunah  W.  Hyde,"  and  the  same  being  read, 
Resolved,  That  said  bill  do  pass,  &  ordered  that  it  be  sent  to  the  house 
for  their  concurrence. 

Received  from  the  house  the  following  written  message:  "In  General 
Assembly  Nov.  10,  1808,  Resolved  that  the  house  concur  with  the  Gov- 
ernor Sc  Council  in  passing  the  bill  Entitled  "An  act  in  explanation  of 
an  act  for  the  limitation  of  suits  on  penal  statutes  &c."  and  the  bill  En- 
titled "An  act  in  addition  to  an  act  assessing  a  tax  of  seven  mills  on 
each  acre  of  land  in  the  County  of  Essex,"  and  the  said  bills  have  be- 
come laws  of  this  State.  Extract  from  the  Journals,  Attest  Martin 
Post  Clerk." 

On  motion,  M'-  Lyon  obtained  leave  to  introduce  a  bill  Entitled  "An 
act  explaining  an  act  assessing  a  tax  on  all  the  lands  in  this  State,  for 
the  purpose  of  erecting  a  State  Prison,"  and  the  same  being  read.  Re- 
solved, That  the  same  do  pass,  and  ordered  that  the  same  be  sent  to  the 
house  for  their  concurrence. 


236  G-av€mar  and  Council — Novemher  1808. 

On  motion,  M'-  Dana  obtained  leave  to  introduce  a  bill  Entitled  ^^An 
act  in  addition  to  an  act  Entitled  an  act  assessing  a  tax  on  the  County 
of  Essex,  passed  Nov.  5, 1806,^^  and  the  same  being  read,  Resolved,  That 
said  bill  ao  pass,  and  ordered,  that  the  same  be  sent  to  the  house  for 
their  concurrence. 

On  motion  of  M''-  Chipman,  Resolved,  The  house  of  Representatives 
concurring  herein,  that  the  State  Printer  be  and  he  is  hereby  directed 
to  deliver  to  the  Reverend  Tilton  Eastman  Fifty  copies  of  his  Election 
Sermon,  and  the  Auditor  of  accounts  is  hereby  directed  to  audit  the  ac- 
count for  the  same  and  draw  an  order  on  the  Treasurer  therefor.  Or- 
dered, That  the  above  resolution  be  sent  to  the  house  for  their  con- 
currence. 

Received  from  the  house  the  following  resolution,  viz.  "  In  General 
Assembly  Nov.  11, 1808,  Resolved,  the  Governor  &  Council  concurring 
herein.  That  his  Excellency  the  Governor  of  this  State  be  and  he  is 
hereby  requested  to  make  such  communications  to  the  Supreme  Execu- 
tives of  the  Province  of  Lower  Canada  as  in  his  opinion  will  be  most 
likely  to  obtain  the  legislative  aid  of  the  Province  to  remove  and  dis- 
perse or  otherwise  punish  that  band  of  Counterfeiters  wiiich  infests  the 
Southern  boijlers  thereof  and  are  constantly  preying  upon  the  property 
of  the  good  Citizens  of  this  and  the  United  States.  Read,  adopted  & 
ordered  to  be  sent  to  the  Governor  and  Council  for  their  concurrence. 
Extract  from  the  Journals,  Attest  M.  Post  Clerk,"  and  the  same  being 
read,  Resolved,  To  concur  with  the  house  therein. 

M'^-  X.  Chipman,  member  of  the  house,  returned  to  the  Council  the 
bill  Entitled  '*  an  act  for  the  relief  of  Arunah  W.  Hyde  "  with  a  proposal 
of  amendment  made  thereto  by  the  hou