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Full text of "Records of the Governor and Council of the State of Vermont"

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RECORDS 



OF THE 



GOVERNOR and COUNCIL 



; ; or. the ."••;• 

STATE OF VERMONT 



VOLUME V. 



EDITED AND PUBLISHED BY AUTHORITY OF THE STATE 

By E. P. WALTON. 



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

1877. 



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CONTENT^ 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 56-99 

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 from 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 Embargo, 420. For a tribunal 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 

1808, 423-4; Rutland and Windsor State Capitals under 
the act of 1791, 423-4; Montpelier 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 State-House at Mont- 
pelier, history, 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. 

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

1812 443-451 

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

M160117 



iv Contents. 

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

Vermont 452-456 

Letter from Gen. Philip 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 tj-ue line still 
unascertained, 456. 

VIII. APPENDIX P.— 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 ; statistics, 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 complicity of the British home government 
in this affair, 494-498; report of U. S. Secretary of State 
on Henry's letters, 498; report of Committee on For- 
eign Relations, 498; extract on from the manifesto on 
the war of 18] 2, 499. 

XI. APPENDIX I. — Domestic Manufactures in Ver- 

mont, 1809 500-501 

Resolution to wear domestic cloths 182 

XII. APPENDIX J. — Correspondence between Gov. 

Tichenor of Vermont and Gov. Craig 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 Brigham, Norwich, Lieut. Governor. 

Councillors: 



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



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



William Page, Jr., Secretary. 
Arunah W. Hyde, Sheriff. 1 



POLITICAL NOTE. 

The Councillors are the same as in the preceding year. Spooner s Ver- 
mont 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 
(Brattleborongh) Reporter 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 Kepublican 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 Reporter of Oct. 
20 1804 gave the following: 

For Governor, His Excellency Isaac Tichenor, Votes duly returned 
8075, do. not do. 31. towns 721 — Total, 8796. 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 JefFersonians. 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 IMr. Niles, 81." Mr. Wing's vote was the high- 
est given for a Federal candidate. l 

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. S.wan'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 agreed to in a caucus of 
the Republicans in the General 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. 

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



RECORD OF 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 Excellency Isaac Tichenor Esq r - Governor, His Honor 
Paul Brigham Esq r - IJ Governor; of the Council the Hon ble Samuel 
Satford, Jonas Galusha, Eliakim Spooner, Noah Chittenden, John White, 
Beriah Loomis, Ebenezer Wheelock. Asaph Fletcher, James Witherell 
& Samuel Shepardson Esquires. William Page Jun r - Secretary; Aru- 
nah W. Hyde Esq r - 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 the} r 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 State appointed, 
to join such Committee as shall be appointed by the Governor and 
Council, to receive, sort, and count the Votes for Governor, L* 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. Smith, 
Enos, Hutchinson, Luce, Rich, Chipman, Silas Wright, Buckingham, 
Thayer, Cooke, TV..C. Harrington, Potter, Jones, Elkins, Edson, Lamb, 
S. B. Sheldon, J. Robinson, House, Stanley, Strong, Corbin, Dana, De 
Forest and Phelps. Extract from the Journals, Att. A. Haswell Clk. 
pro Teni." 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 andTLoomis, and were sworn by his Honor the L* Governor to 
the faithful discharge of their duty. 

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 

1 From the Weekly Wanderer for Oct. 22 1804: 

Rutland, ( Vermont,) 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 Governor and Council — October 1804. 

5 O'clock P. M.— The Hon ble Nathaniel Mies Esq 1 "- appeared in 
Council chamber and took his Seat. 

A Verbal Message was received from the House by M r - 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 an4 read by his Excellency the Governor, to wit, — 

"To the Hon ble General Assembly now sitting at Rutland in the 
County of Rutland, Oct 1- - 11 th 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 r - is Elected Governor, His Honor Paul 
Brigham Esq r - is Elected L l Governor, Benjamin Swan, Treasurer, Jo- 
nas Galusha, Samuel SafFord, Noah Chittenden, James Witherell, Be- 
riah Loomis, John White, Nathaniel Niles, Eliakim Spooner, Samuel 
Shepardson, Ebenezer Wheelock, Asaph Fletcher & Elias Keyes Esq 1 " 8 - 
Councillors. Att, Jonas Galusha Chairman of s d Com tee " ' 

and A. W. Hyde Esq r - 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 by 
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 October 12 th 1804, 9 O'clock A. M. 

The Council met pursuant to adjournment. Present His Honor Paul 
Brigham L f - Governor; of the Council The Hon ble Jonas Galusha, Sam- 
uel Saffbrd, Noah Chittenden, Beriah Loomis, John White, Nathaniel 
Niles, Eliakim Spooner, Samuel Shepardson, Ebenezer Wheelock & 
Asaph Fletcher Esq 1-8 - William Page Ju r - Secretary; Arunah W. Hyde 
Esq 1- - Sheriff. 

The I> Governor and members of the Council present proceeded to 
the Representatives' Room, and after prayers by the Chaplain were duly 
sworn, by Jonathan Robinson Esq r - 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 r 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, and also inform the 
House of Representatives that a quorum of the Council has convened 
and are ready to proceed to business. 

Adjourned to 9 O'clock Tomorrow Morning. 



1 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 Council — October 1804. 5 

Saturday Oct r « 13, 1804, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The Petition of Thomas Barnum and others for a new Trial was re- 
ceived from the House with the following order thereon: " In Gen 1 
Assembly Oct r - 12, 1804, Read and Referred to Mess. Ja 8 - Fisk, Sheldon 
and Enos to join with Council. Attest A. Haswell Clk. P. Tem." and 
being Read it was Resolved, That M r - Galusha join with the Committee 
from the House. 

The Petition of the Selectmen of Hyde Park was rec d - from the House 
with this order minuted thereon: " In General Assembly Oct r - 12, 1804, 
Read & Referred to the first Land Tax Committee to join Committee 
from the House, Mes 8 - 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 r - Safford join the aforesaid Committee from 
the House. 

A Petition from Billy mead [Sutton] -praying for Land-Tax was re- 
ceived from the House with this order thereon: u In General Assembly 
Oct r - 12 th ' 1804, Referred to the second Land Tax Committee, Mess 8 - 
Lyon, Moffett & Campbell to join. Attest A. Haswell Clk. Pro Tem." 
which was read, and Resolved, That M r - Chittenden join the second 
Land Tax Committee. 

A Petition for a Land Tax on Johnson was also received from the 
House with this order minuted thereon: "In General Assembly Oct r - 
12 th - 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 Tem." upon which it was Resolved, That M r - 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 Oct 1 - 12 ,h > 1804, 
Read 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 r - 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: "In General Assembly Oct r - 12, 1804, 
Read and Committed to Mess. Noyes, Ja 8 - Fisk & E. Hale, to join &c. 
Attest A. Haswell Clk. Pro Tem." which was read and it was Re- 
solved, That M r - White join the Committee appointed by the House. 

An Engrossed Bill, Entitled " an act to appoint a Committee to lay 
out and survey a Road from the Bridge over Connecticut 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 r - 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 
nominations and 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 r - 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 r - 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 8 - 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 Hubbardton Turnpike to meet the Lansingburgh [N. Y.] 
Turnpike," [received from the House] with the following order on each: 
"In Gen 1 - Assembly Oct r - 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 1 '- & Council 
concur in the references. 

The Governor, accompanied by the Council, proceeded to the House 
of Representatives, and having signified his acceptance of the Office of 
Governor for the } T ear ensuing, the oath of Office and to support the 
Constitution of the United States were administered to him by the 
Chief Justice. His Excellenc}' then delivered the following speech to 
both branches of the Legislature.^ 

The Governor and Council 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. 2 

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



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

The Council met pursuant to adjournment. 

Three Petitions from the Landowners and Proprietors of Hunting- 
ton, Warren, and Fletcher, were received from the House with this 
order on each of them: "In General Assembly Oct r - 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, That 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 thereon: "In 
General Assembly Oct r - 13, 1804, Referred to the First Land-Tax Com- 
mittee, to join. Attest A. Haswell Clk. Pro Tem." in which Refer- 
ence it was Resolved, That the Governor and Council concur. 

Also three several Petitions from the Towns of Irasburgh, Bristol, 
and Peru, praying for Land-Taxes on those respective Towns, with this 
order minuted on each: "In General Assembly Oct r - 13 th » 1804, Read 
and Referred to the Second Land-Tax Committee, to join. Attest A. 
Haswell Clk. Pro Tem." in which Reference it was Resolved to concur. 

1 For the speech see Appendix A, 

2 See Appendix B. 



G-overnor and Council — October 1804. 7 

A Bill, Entitled u An Act for Taxing the Lands in Huntington and 
ascertaining the Rights of Public Lands in said Town," was received 
from the House with the following order thereon: u In General Assem- 
bly Ocf- 13, 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," referred from 
the adjourned Session of the [last] Legislature, was received from the 
House with the following order thereon: u In General Assembly Oct r - 
13. 1804, Referred to the Third Land-Tax Committee. Attest A. Has- 
well Clk. Pro Tem." Resolved, That the Governor and Council concur 
in the above reference. 

M r 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 u 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: u In General Assembly October 13, 1804, 
Read and Committed to Mess rs - Olin, Chipman, and Enos, to join. 
Attest A. Haswell Clk. Pro Tem." which was Read & Resolved, That 
M r - Galusha join the aforesaid Committee from the House. 

An Engrossed Bill, Entitled u An Act Incorporating certain persons 
therein mentioned by the name of the Franklin County Turnpike Com- 
pany," referred from the last Session of the Legislature, was received 
from the House with this new order minuted thereon: " In General As- 
sembly Oct 1- - 13, 1804. Read and Referred to the Turnpike Committee, to 
join. Attest A. Haswell Clk. Pro Tem." upon which Reference it was 
Resolved, That the Governor and Council concur. 

Also An Engrossed Bill, Entitled, " An Act for laying out a Post 
"Road from 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: 
w In General Assembly Ocf- 13 th - 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> Niles — 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 r Niles appointed the Committee from Council, and 
Ordered, That the Secretary 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 United States, and that it had become a part 
thereof '—and also a Letter from General Philip Schuyler on the subject 
of the Northern Boundary line of this State 2 — which, after being read, 

1 Twelfth amendment. 2 See Appendix E. 



8 Governor and Council — October 1804. 

were enclosed to the Speaker of the House of Representatives, and the 
Secretary ordered to carry them to the House. 

Three Petitions praying for Grants of Turnpike Roads, one from Jo- 
seph Robinson and others of S wanton, 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 r - 
15 th - 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: a In General 
Assembly Oct r - 15, 1804, Read and Referred to the Third Land-Tax 
Committee. Attest A. Haswell Clk. Pro Tern." And a Petition for a 
Land-Tax on Wenlock and Brunswick w r ith this order thereon: "In 
General Assembly Oct 1- - 15, 1804, Read and Referred to the Second Land- 
Tax Committee. Attest A. Haswell Clk. Pro Tem." w r hereupon it was 
Resolved, That the Governor and Council concur in the above Refer- 
ences. 

A Petition from the Inhabitants of Bromley [Peru] was received 
from the House with this order minuted thereon: u In General Assem- 
bly Oct r - 15, 1804, Read and Referred to Committee on Petition of 
Nathaniel Greely, to join — Noyes, J. Fisk, and E. Hale. Attest A. 
Haswell Clk. Pro Tem." which was read and it was Resolved, That M r - 
White join the Committee appointed by the Souse. 

The Petition of the Inhabitants of Medway [Mendon] was received 
from the House with this order thereon: "In General Assembly Oct r - 
15, 1804, Read and Referred to Mes s - E. Emerson, Emmons, & E. Jones, 
to join. Attest, A. Haswell Clk. Pro Tem." w r hich was read and it 
was Resolved, That M r - Keyes join the aforesaid Committee from the 
House. 

A Petition from Benjamin Jaquith and others, praying for a grant of 
the Glebe Lands in Hartland, was received from the House with this 
order thereon: "In General Assembly Oct 1 "- 15, 1804, Referred to Mess 8 - 
Hibbard, Beach, E. Jewett, J. Brigham, and SafTord, 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 r - 13, 1804, Referred to the 
Committee appointed on the Petition of Benj a - 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 follow- 
ing order minuted thereon: "In General Assembly Oct r - 15, 1804, 
Read and Referred to Paul Brigham, 1 Brown, and Foot, to join. Attest 
A. Haswell, Clk. Pro Tem," which being read it was Resolved, That M r - 
Fletcher join the aforesaid Committee from the House. 

The following Resolution was received from the House: " In General 
Assembly Ocf- 13 th - 1804, Resolved, the Governor and Council concur- 
ring therein, that the members 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 

f Paul W. Brigham of Sharon. 



Governor and Council — Oetober 1804. 9 

of the Supreme Court for the year ensuing. Kead and passed. Extract 
from the Journals, Att. A. Haswell Clk. Pro Tern." 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 th - 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: u In Gen 1 - Assembly Oct r - 15, 1804. Read and Re- 
ferred to the Third 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: u In General Assembly Oct r - 
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 Tern." 

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 Oct r - 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: u In General Assembly Oct r - 
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 m - C. Harrington, one from Barnet, one from 
Westford, one from Billymead [Sutton,] one from Lyndon, one from 
S l - 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 r - 15 th ' 1804, Read and Referred co 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 r - 16, 1804, Brought in on motion of M r - [Titus] Hutchinson, 
Read and referred to Mess. Hutchinson, [Daniel] Chipman, and [Arad] 
Hunt, to join such Committee as Governor and Council may appoint. 



10 Governor and Council — October 1804. 

Attest A. Haswell Clk. Pro Tern. 1 ' which was read and it was Resolved, 
That M r - Loomis join the Committee appointed by the House. 

An Engrossed Bill, Entitled t'An Act laying 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 r - 13, 1804. Referred to the Third 
Land-Tax Committee. Attest A. Haswell Clk. Pro Tern." whereupon 
it was Resolved, To co/icur in the Reference made by the House. 

The Letter of General Schuyler, communicated to the House of Rep- 
resentatives by the Governor, was returned from the House with the 
following order thereon: u In General Assembly Oct r - 15, 1804, Read 
and referred to a Committee of Five, to join, viz. J. Fisk, W m C. Harring- 
ton, Shaw, Enos and Buel. Attest, A. Haswell Clk. Pro Tern." The 
order of the House being read it was Resolved, That M r - Niles join 
the Committee appointed by the House. 

The following Resolution was Received from the House: u In General 
Assembly Oct r - 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 indulgp.nt 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 effectual meas- 
ures for uniformity and dispatch in the Proceedings of the County 
Courts in this State, and report by Bill or otherwise. Oct 1- - 15, 1804, 
Extract from the Journals, Attest A. Haswell Clk. P. Tem. Com- 
mittee appointed by the House, Mess 6 - Sol - Wright, [Lemuel] Whitney, 
D. Dyer, [Elihu] Luce, [Daniel] Chipman, [Nathaniel] Wheatley, J. 
Jones, [John] Cameron, [Solomon] Walbridge, [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- 
haven, Gran by, and Guildhall, praying for Land-Taxes on those respec- 
tive Towns, were received from the House with this order on each: u In 
General Assembly Oct r - 16, 1804, Referred to the First Land-Tax Com- 
mittee, to joiu 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: k * In General Assembly Oct 1- - 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 r - 16, 1804, 
Read and Referred to the Committee for new Trials, to join. Attest 



Governor and Council — October 1804. 11 

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

A Petition and Remonstrance 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: "Id General Assembly 
Oct r - 16, 1804, Read and Referred to 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 Oct r - 16 th ' 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. Satford 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 r - 13, 1804, Committed to Mess. Buel, Bump, & D. Dyer. 
Attest A. Haswell Clk. Pro Tem. Oct r - 15 th - Mes 8 - 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. Brighxam and M r - With- 
erell j«tn the aforesaid Committee appointed by the House. 

Adjourned to Tomorrow Morning at 9 O'clk. 



Wednesday October 17 tb ' 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 
purpose 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 r - 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 r - the sum therein 
mentioned," was sent to the Governor and Council for 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: u fn General As- 
sembly Oct'- 16 th ' 1804, Read and Referred to Mess 8 - Shumway, Sol - 
W light, and E. Porter. Oct 1 "- 17 th ' ordered to join Committee from 
Council. Attest M. Post Clk." which was read and it was Resolved, 
That M r - White join the 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 r - 17 th > 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 Hadlock Marcy and others was received from the 
House with this order thereon: "In General Assembly Oct r - 17, 1804, 
Read and Referred to Mes B - Hurd, Hunt, and Norton, to join Commit- 
tee from Council. Attest M. Post Clerk," upon which it was Resolved, 
That M r Spooner join the aforesaid Committee appointed by the House. 

The following Resolution was sent from the House of Representa- 
tives: u On Motion, Resolved, That it be recommended to the Governor, 
by 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 Oct r - 16 th - 
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 office 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 I> 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 I> Governor. 1 

A Bill, passed in the House of Representatives, Entitled " An act 
confirming the Doings of William Darling a Deputy Sheriff of Caledonia 
County," was sent up to the Council for their Revision &c. and being 
read it was Resolved, That it be referred to Mess. Niles and Loomis 
with the accompanying 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. 

Thursday October 18 th - 1804, 9 O'clk. P. M. 

The Council met pursuant 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 &c. 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 r - 17, 1804, Referred 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, pray- 
ing for a Land-Tax, was received from the House with this order thereon: 
"In General Assembly Oct r - 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: u In General Assembly Oct r - 15, 1804, Read 
and Concurred in by the House, and Mess. Shaw, Chipman, and Sheldon 

1 The other judge was Theophilus Harrington. 



Governor and Council — October 1804. 13 

appointed a Committee accordingly. Extract from the Journals, Attest 
M. Post Clk. Rutland Oct r - 16 th > 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. K". Niles for Com e - In General Assembly 
Oct r - 17, 1804. Report of Committee Read, accepted and M r - 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 r - Galusha then 
introduced the following Resolution — In Council, Oct r - 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 Legislature in February last 
and which were laid over by the Concurrent Resolution of both Houses, 
in order that [the} r ] may be taken up and acted upon the present Ses- 
sion — Which Resolution was adopted and M r - Galusha requested to in- 
form the House of the Reasons of Council in adopting it. and also the 
Reasons for 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 Danby to Manchester, one from 
Tim - Fisher and others, one from Rutland Court-House tp the west line 
of the State, one from Abraham Bowen and others, one from Orange 
Train and others, one from Josiah Rising and Harrison Elwell, one from 
Rutland Court-House to Stockbridge, and one other from Rutland to 
Stockbridge, were received from the House with the following order on 
each: " In General Assembly Oct r - 18 th ' 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 ee - 

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 1 "- 
18 th ' 1804, Referred to the first Land-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 Oct r - 17 th ' 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 d - from the 
House with these orders on it: "In General Assembly Oct r - 15 th > 1804, 
Read and Referred to Mess. S. Porter, Lyon, and E. Allen. Attest 
A. Haswell Clk. Pro Tem. Oct r - 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 r - 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 Oct r - 18 th - 1804, 
Read 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 r - 16 th ' 1804, Read and Referred to Mess 8 - W. C. Harrington, Sheldon, 
and Hunt. Attest M. Post Clk. Oct r - 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 
the House. 

The following Resolution was sent from the House— "In General 
Assembly Oct r '18 th ' 1804— On motion of M r - Tarbox, Voted, That the 
First Turnpike Committee be discharged from acting on the Bill and 
Petition relating to a Road thro' Randolph. Extracts from the journals. 
Attest M. Post Clk. 1 '— 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 Tinmouth, 
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 1- - 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 State's Prison, was received from the House 
with this order thereon — "In General Assembly Oct r - 17, 1804 — Read 
and Referred to Mess. Shumvvay, Aiken, E. Porter, W. Perry, Bucking- 
ham, E. Butler, Chipman, Moftet, Pomeroy, Stanley, and D. Dana, to 
join Committee from Council. Attest M. Post Clk" — which Proposals 
and Communication were read with the order of the House thereon, and 
it was, on motion, Resolved, That Gov r - Brigham and M r Wheelock join 
the Committee from the House. 

Two Engrossed Bills, passed in the House of Representatives, were 
sent up to Gov 1- - and Council for their Revision &c. — one Entitled "An 
Act remitting a Sum of Money to the Town of New Haven in the 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 r Hutchinson, from the House, informed the Council that the House 
had rescinded from their acceptance of the Report of the Committee of 
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 Cavalry therein men- 
tioned ; also a Report of a Committee for laying a Road thro' the 



G-overnor 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 19 th ' 1804, 9 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 — L In General Assembly Oct r - 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 Oct 1- - 
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 Bailiff of Franklin County, was 
received from the House with the following order thereon: " In General 
Assembly Oct r - 18 th ' 1804, Read and Referred to Mess 8 - Buckingham. 
Williams, and Stacey, to join. 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 the 
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 
Loomis. 

The Governor communicated to the Council a Letter and Memorial 
from Gen 1 - Ira Alien, which were read and it was Ordered, That the Sec- 
retary carry the same to the House of Representatives. 

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

Adjourned to 9 O'clock Tomorrow Morning. 



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

The Council met pursuant to adjournment. 

A Petition for a Turnpike Road from Burlington to the State of jtfew 
York, A Remonstrance from Sam 1 - 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 1 - Assembly Oct r - 19 th - 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 1 - Assembly Oct 1- - 19 th - 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 1 - Assembly Oct 1- - 19 th > 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 1 - Assembly Oct r - 19 th - 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 r - Niles 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 into a Law. 

On Moiion, M r - Niles introduced a Bill Entitled k 'an act in addition to 
an act Entitled an act directing the mode of the Election of Governor, 
L 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 ought 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 r - Loomis 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 nd - 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 1 - Assembly Oct r - 16 th - 1804, Read and Referred to 
Mes g - B. Clap, Munson, and Hale, to join. Attest M. Post Clerk " — 
which Petition was read, and it was Resolved, That M r - White join the 



G-overnor 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. Brigham, which Petitions 
being read, it was Resolved, To concur with the House in their Refer- 
ence. 

The Petition of the Weathersfield Turnpike Company was again rec d 
from the House with this new order thereon — "In Gen 1 Assembly Oct'- 
20 th ' 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 Selectmen of Windham was received from the 
House with this order thereon: "In Gen 1 Assembly Oct'- 19 th - 1804, 
Read and Referred to Mess. Chipman, E. Butler, & OHn,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 Petition of Timothy Allen against Asa Lyon for a new Trial was 
received from the House with this order on the same — "In Gen 1 Assem- 
bly Oct'- 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 s d 
Bill Jnto 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 th Oct'- 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 d Bill into a Law. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
"An act in alteration of and to amend an act laying 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 Mone^ to the Town of Berkshire," was sent up to 
the Council for their Revision &c. and bein* read it was Resolved, To 
concur with the House in passing the said BUI into a Law. 

M r - Witherell, on motion, introduced a Bill Entitled "An act to em- 
power Elizabeth Wooster, Administratrix, to sell and convey certain 
Lands," which was read aud it was Resolved, That it be referred to M r 
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. aud being 
read, it was Resolved, To concur with the House in passing the s d 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 privileg-e 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. 



18 Governor and Council — October 1804. 

The Officer of the House delivered the following written message: 
" In Gen 1 - Assembly Oct r - 22 d > 1804, Kesolved, That this House concur 
in the amendments proposed by the Governor and Council to the Bill 
Entitled " An act relating to the Eecords and the Town Officers 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 r - 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, I> Governor, Treas- 
urer, Councillors, and Town Representatives," 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 Town 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 r - 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 referred to M r - 
Witherell. 

Adjourned to 9 O'clock tomorrow morning. 



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

The Council met pursuant to adjournment. 

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

The Committee to whom was referred the kt Act granting to the Town 
of Windham the privilege of being separately represented," reported 
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 d > 1795." 
Insert the following preamble — " Whereas, by the aforesaid act the 
Town of Londonderry and the Gore called Mack's Leg 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 Assembly & conventions; and whereas, from the 
local situation of the s d two Towns, great inconveniencies arise to the 
Inhabitants of Windham, from being obliged to travel a great distance 
to attend Preemau's Meetings, to remedy which." After the word That, 
in the second line of the Bill, erase the remainder of the Bill and insert 
the following in lieu thereof, kt both the said Towns of Londonderry and 
Windham in the County of Windham be, and they are, hereby, incorpo- 
rated into two separate and distinct Towns, and that the 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 Contrary notwithstanding " — which Report was accepted and it 
was Resolved, To concur with the House in passing s d Bill into a Law 
with the Proposed amendments, and M r - Loomis requested to inform the 
House of the Reasons of Council in adopting those amendments. 



Governor 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 Land-Tax on Canaan" was received from the House 
with this order thereon: "Introduced by M r - Beach. In Gen 1 - Assem- 
bly Oct r - 22 nd » 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 Gem- 
Assembly Oct 1 "- 22 nd » 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 1 - Assembly .Oct 1 "- 
22 d « 1804, Read and referred to Mess 8 - P. Smith, T. Hutchinson, and 
Shumway, to join Committee from Council. Attest M. Post Clk" — 
which Petition being read it was Resolved, That Gov 1 "- Brigham and M r 
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 1 - Assembly Oct r - 22 nd ' 1804, Read, and with the ac- 
companying Papers, referred to Mess 8 - [Jacob] Galusha, [Mark] Rich- 
ards, E. [Ezekiel] Porter, J. [James] Smith, [Henry] Olin, Ja 8 - Fisk, E. 
[Ezra] Butler, [Jonathan] Elkins, [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 3 "- Brig- 
ham, Mess. Niles and Witherell join the above Committee appointed by 
the House. 1 

The following Resolution was received from the House: "Resolved, 
That a Committee of five be appointed to join such Committee as the 
Governor and Council may appoint, to make enquiry concerning the 
Glebe 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 1 - Assembly Oct 1- - 22 nd - 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 8 - "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 r - White. 

1 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 Kepresentatives, Entitled 
"An Act enabling the Clerk of the County of Caledonia to record the 
Sales of Robert Whitelaw as Collector," was sent up to Council for their 
Revision &c. and being Read, it was, on motion, Resolved, That it be 
referred to M r - Safford. 

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 afternoon, and the Gov r - & 
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 f 
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 their 
Concurrence, &c. 

The Officer of the House delivered in Council this message from that 
Body: "In Gen 1 - Assembly Oct r - 23, 1804, Resolved, that the House 
concur in the Amendment proposed by the Governor and Council to the 
Bill originally Entitled "An act granting to the Town of Windham the 
Privilege of being separately Represented in the General Assembly of 
this State." Extract from the Journals, Attest M. Post Clk." 

Adjourned to 9 O'clock Tomorrow Morning. 



Wednesday, October 24 th - 1804, O'clock A. M. 

The Council met pursuant to adjournment. 

M r - Safford 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 House thereon : 
"In Gen 1 - Assembly Oct r - 23 d > 1804, Report read, not accepted, the Papers 
all recommitted to the First Turnpike Committee, to join Committee 
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 r - 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- 
pointing a Committee to lay out and survey a Road leading from White 
River in Royalton &c." reported the following Amendments — "after the 
word opened in the 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 Committee named in the 
First Section of this act, and in case any person, by such assessment, 
shall think him or herself aggrieved, he or she may make application to 
any Justice of the Peace in the County where the Damages are to 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 d Bill into a Law with 
the proposed amendments, and M r - White requested to inform the House 
of the Reasons of Council in adopting those amendments. 

The following Engrossed Bills, passed in the House of Represent- 
atives, were sent up to the Gov r - & 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" [Sutton;] and "An Act annexing a part of Put- 
ney to Brookline" — which Bills were severally read and considered, and 
if was Resolved, To concur with the House in passing them into Laws. 

The Following Message was received from the House — "In Gen 1 - As- 
sembly Oct r - 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 Royalton" &c. &c. Extract from the Journals, 
Attest M. Post Clk." 

Adjourned to 9 O'clock Tomorrow morning. 



Rutland, Thursday, October 25 th - 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 the following new order minuted thereon: "In General Assembly 
Oct r - 24 th - 1804, Report read and recommitted to the Third Land-Tax 
Committee, to join. Attest M. Post Clk" — in which recommitment the 
Council concurred. 

The Petition for a Land-Tax on Wenlock and Brunswick was again 
sent up to Council with this new order of the House on it — " In General 
Assembly Oct 1 "- 24 th ' 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 of keeping Ferries in Charlotte," and the other Entitled 
"An Act granting to Charles McNiel the right of keeping a Ferry," 
were received from the House with this order on each — " In General 
Assembly Oct 1- - 24 th ' 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 Oct r - 24 th ' 1804, Read and 
Referred to Mess 8 - Ja 8 - Fisk, Potter, & Rich, to join. Attest M. Post 
Clk" — upon which it was Resolved, That M r - 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 former one, it was 
sent up to Council with this order of the House thereon: " In General 
Assembly Oct r - 24 th > 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 r - 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 r 
Niles. 

M r - 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 r - 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 witli the House in passing s d 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 their Revision &c. and being read M> Galusha moved that it be 
amended by erasing the word "fifty" in the sixth line of the Bill, and 
that the word "forty" be inserted, and the yeas and nays being required 
by M r - Witherell were as follows, viz. Yeas, (jl-ov r - Brig ham, Mess 8 - Galu- 
sha, Chittenden, Loomis, White, Niles, Spooner, and Fletcher — Nays, 
Mess. Witherell, 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 r - 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 concurrence. 

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



Governor and Council — October 1804. 23 

act for the relief of the Inhabitants of Townsend," reported that the 
same ought not to pass, which report was accepted and on Motion it was 
Resolved, To nonconcur with the House in passing the s d Bills into 
Laws, and M r 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 1 - 4. And it is hereby further enacted, That 
the Shares in said acqueduct shall be taken, deemed 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 Share 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 r - 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 r order 
thereon: " In General Assembly Oct 1- - 25 th ' 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 th * 1804, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

M r - Keyes returned and took his seat in Council. 

M r 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 Law, with the above proposed amendment, 
and M r - Shepardson requested to inform the House of the Reasons of 
Council. 

M r - 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 County, Town, and Society Clerks in 
this State," was again read and referred to M r Shepardson, together 
with Two other Bills relating to the same subject introduced by Mess. 
Niles and Loomis. 

The Petition of Cap n - John Vincent was received from the House 
with this order thereon: "In Gen 1 - Assembly Oct r « 26 th - 1804, Read and 
Referred to Mess 3 - Shaw, Olin, and Buckingham, to join Committee 
from Council. Attest M. Post Clk" — which was read, and it was Re- 
solved, That M r - Spooner join the above Committee appointed by the 
House. x 

1 From the printed Assembly Journal of Oct. 29 1804, p. 195: 

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 Butland. Brothers, When your fathers, to avoid persecution, 
fled from England and the English nation, they came across the big 
Lake that separates Europe from America, and settled among the In- 
dians, of whom I am a descendant. At that time, your fathers were 
weak, without friends, and without provisions or wigwams: — My fathers 
gave them protection, became their friends, and furnished them with 
provisions. And when the King of England assumed an oppressive au- 
thority over them, they opposed his oppression; and a friendship existed 
between them and my tribe. At the commencement of the war that 
divided the Colonies from Great-Britain, Captain John Vincent 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 wilderness, 
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, I 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 friend, he was a young man 
— he could then catch Beavers and Deer enough to feed and clothe him; 
but having, thro' age, lost his activity, the means of his support are cut 



Governor and Council — October 1804. • 25 

The. Petition of the Caledonia Turnpike Company was again received 
from the House with this new order minuted thereon: " In General 
Assembly Oct r - 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,— u after the 
word " That," 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 purpose, to ratify and confirm the for- 

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 appeal 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 Alknomak shall call me away. 

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 are 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 Spooner, for committee. 

The appropriation recommended was made, and Hon. Elias Keyes 
was appointed guardian ; in 1806, John Fuller of Sherburne was author- 
ized to draw thirty dollars annually for Vincent's support ; in 1807, 
$59.35 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 Spooner 1 s Vermont Journal of July 23 1810: 

Died, at Parkerstown [Mendon,] on the 3d inst. at the house of John- 
son Richardson, Esq. Capt. John Vincent, an Indian, aged 95. In 
1755, he had a command among the Cognawogga tribe, then opposed by 
French influence to these then colonies and provinces. Gen. Braddock 
was at that time defeated at Fort du Quesne, near where Pittsburgh 
now is. Capt. Vincent had reconnoitered the country southerly to the 
mouth of the Scioto, and had returned before the engagement. He 
formed the ambuscade, which defeated Braddock. Upon the death of 
Braddock he commanded and contended against Colonel Washington, 
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 learned that Col. Wash- 
ington was commander in chief — that his tribe being in British interests, 
he left them, fully believing that the Great Spirit had preserved Col. 



26 Governor 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 d Bill into a Law as amended, and 
M r - Galusha appointed to assign the Reasons therefor to the House. 
Adjourned to 9 O'clock Tomorrow morning. 



Saturday October 27 th - 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 Washington a 
Captain's commission. He piloted the American troops from Cam- 
bridge through the province of Maine to Quebec* He 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. Capt. 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 offering up his silent but 
reverent petition. From this Roman instructor he had 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 coat, presented him by General 
Washington, he bequeathed, with some other articles, to Mr. Richardson. 
This proud trophy has been preserved unsullied. 

*In Irving's Life of Washington, Vol. II, pp. 48-9, it is stated that in 1775 several Indian chiefs 
waited upon Washington, in the camp at Cambridge, "to have a talk about the impending invasion 
of Canada. One was chief of the Caughnawaga tribe." 

This does not clearly identify Vincent' as the chief; but there are 
other and 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. 



G-overnor 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 r - 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 8 - 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, staled 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 r Witherell, on motion, introduced the following Resolution: "In 
Council Oct r - 27 th - 1804. Whereas, sundry of the good Inhabitants of this 
State, 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 8 - 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 1 - Assembly [Oct. 26, 
1804,] Read and referred to the Committee on the Petition of E. Spooner, 
with Mess 8 - Ja 8 - Fisk and Chipman, to join Committee from Council. 
Attest M. Post Clk" — which was read and, on motion, it was Resolved, 
that M r - 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 th 1801," was received 
from the House with this order thereon — "In General Assembly Oct r - 
26 th - 1804, Introduced by M r - 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 r - 27 th * 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 Governor and Council — October 1804. 

and owners of an Acqueduct in Middlebury in the County of Addison, 
and An act in addition to an act Entitled An act Establishing a Corpo- 
ration bv the name of the Williamstown Centre Turnpike Company." 
Extract 'from the Journals, Attest M. Post Clk." 
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 to John and Charles McNeil the 
right ot keeping Ferries," was sent up to 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 act directing Recording Officers in their office and duty" was read 
as reported by M r - Shepardson 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 th - 1804, 9 O'clock A. M. 

The Council convened pursuant to adjournment. 

The Petition of Nath 1 - Greelee and others was again received from the 
House with these new orders thereon: "In Gen 1 Assembly Oct r - 20 th ' 
1804, Report read & accepted and leave granted to withdraw. Oct. 27, 
The above Vote reconsidered, [and petition] recommitted to former 
Committee to join. Attest M. Post Clk" — whereupon it was Resolved, 
To concur in the 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 
North-field; An act laying a Tax of Three Cents per acre on the Town 
of Minehead; An act laying a Tax of Three Cents per acre on the Town 
of Hydepark," and "An act directing the Treasurer to credit the First 
Constable of the Town of Whiting the sum therein mentioned" — which 
bills being severally read and considered it was on motion Resolved, To 
concur with the House in passing them into Laws. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
"An act appointing a Committee to lay out and survey a Road from 
Montpelier to Peacham," 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 8 - Galusha and Loomis. 

A Bill, passed in the House ot Representatives, Entitled " An act 
granting to Darius Ferris of Panto n the exclusive Right of keeping a 
Ferry," &c. 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 8 - White and Witherell. 

" An act enabling the Clerk of Caledonia County to record the Sales 
of Robert Whitelaw, a Collector," was again taken under consideration 
and it was Resolved, To nonconcur with the House in passing said Bill 
into a Law and M r - Niles requested to draught the Reasons of Council 
for such nonconcurrence, which he reported as follow, and they were 
adopted: " That there appears no proof that the Petitioner Robert Whit- 
law complied with the Law pointing out his duty as Collector, nor does 
the Petition even state that he had delivered the Newspapers containing 
the necessary advertisements to the County Clerk for Record." 

The Governor informed 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 that subject to the House 
of Representatives, submitting to them the method of their distribution. 

M r - Galusha introduced the following resolution — "In Council Oct r - 
29 th » 1804, Resolved, That a Committee consisting 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 Seventh Congress, shall be distributed, and 
report by resolution or otherwise " — which Resolution was adopted and 
Gov. Brigham and M r - Galusha appointed a Committee from Council. 

Adjourned to 2 O'clk P. M. 

2 O'clock P. M. — M r - James Fisk from the House returned the Bill 
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 Council that the House had 
again passed the Bill, 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 aud Council for their Revision &c. and 
being read it was on motion Resolved, That it be referred to Mess 8 - 
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 Governor and Council for their 
Revision &c. and being read it was Resolved, That it be referred to 
Mess 8 - Loomis and Witherell. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
" An act instituting, denning and regulating the Office 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, To concur with 
the House in passing the same into a Law. 

M r - Shepardson asked and obtained leave to introduce a Bill Entitled 
*' An act for encouraging the destruction of Bears," which was read anil 
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 Asseiribly Oct r - 29 th - 1804, Report 



30 Governor and Council — 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 
u 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 General 
Assembly Oct 1 - 30 th ' 1804, Called up and ordered to lie. Again called up 
and referred to Mess 8 - Shumway, Hurd, Sol - Knight, Shaw, and Hinman, 
to join. Attest M. Post Clk" — which being read it was Resolved, 
That M r - 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 r - 30 th ' 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 r - 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 r - Shepardson. 

Adjourned to 9 O'clock Tomorrow Morning. 



Wednesday October 31 st - 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 
passing said Bill into a Law. 

An Engrossed Bill, passed 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 r - 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 

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

The Committee on- the Bill Entitled "An act directing the Treasurer 
to pay to Sherman Prindell the sum therein mentioned," reported that 
it ought to pass, whereupon it was Resolved, To concur with the House 
in passing the said Bill into a Law. 

The Bill Entitled "An act' establishing 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. 1 

The following message was received from the House, read and Or- 
dered. That it be entered on the Journals — "In General Assembly Oct 8 - 
30 th ' 1804, Resolved, that this House do concur- with the Governor and 
Council in passing the Bill Entitled "An act authorizing Elizabeth 
Wooster, Administratrix, to sell certain Lands," and the same has 
passed into a Law. Extract from the Journals, Attest M. Post Clk." 

An Engrossed Bill, passed in the House of Representatives, Entitled 
"An act to enable Jonathan Hale, Administrator on the Estate of Daniel 
Tilton, 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 r - and the Sureties of the said 
Aaron Henry Jun r " 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 8 - 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 Oct 1- - 31 st ' 1804, on Motion of M r - 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 Vice 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 st October 1804, 
In Gen 1 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 examining 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 1 '- Hendee — Same day read and referred to Mes 8 - Sol - 
Wright, E. Butler, E. Allen, Hendee, and T. Hutchinson to join. At- 
test M. Post Clk" — which was read and it was Resolved, That Mess 8 - 
Witherell & Loomis join the Committee above mentioned appointed by 
the House. 

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



x The annual salary of the Chief Judge was one thousand dollars, and 
of each Assistant 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 tor their Revision &c. 
and being read, with the accounts on which the Items were founded, 
and undergoing a long discussion, it was on Motion Resolved, That it 
be referred to Mess 8 - Chittenden and White so far as it relates to the 
account of Stephen Conant. 

Adjourned to 9 O'clock Tomorrow Morning. 



Thursday, November l 8t > 1804, 9 O'clock A. M. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
"An act laying a Tax of one Cent and five mills on the Dollar on the 
list of the present year," 1 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. 

The Committee on the Bill Entitled u 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 r - Conant the sum of 
246 72 | I0o 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 8 - Galusha & Fletcher. 

The Committee on the Bill 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 the 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- 
tion 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 for 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 Committee 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, after the word 
" shalV 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, passed 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 «Jfcc. 
and being Read it was on Motion Resolved, That it be referred to Mess 8 - 
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 r - 31 st ' 1804, This Bill was introduced on motion of Solo- 
Wright, Read and referred to Mess 3 - Shaw, Baker, Wheatley, Moffett, 
and Chipman to join Committee from Council. Attest M. Post Clk" — 
which was read and Resolved, That Mess 8 - Shepardson and Fletcher join 
the Committee from the House. 

*Tax for the support of government. 



Governor and Council — November 1804. 38 

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 Abraham 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 r - Witherell requested 
to assign 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. 1 st ' 1804, This Bill was bro* in on motion of M r - Emmons, Read 
and referred to Mess 8 - Olin, W m - C. Harrington, and House, to join Com- 
mittee from Council. Attest M. Post Clk." — which Bill was read and 
Resolved, That Mess 8 - Galusha and 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, if 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 r - be allowed at 5 65 |ioo Dollars 
instead of G^lioo 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 r - 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 r - 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 r - 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 following amendments: on 2 nd Page, second line from the Top, after 

3 



34 Governor and Council — November 1804. 

the word "making," erase the words " and repairing," and add a 5 th Sec- 
tion as follows — "Sec. 5. And it is hereby further enacted, That where 
said Highway shall be laid thro' any improved 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, previous to the opening such highway" — which were 
adopted and on motion Resolved, To concur with the House in passing 
s d Bill as amended, and M r 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 nd - 1804, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The following Message was received from the House, read am ! Or- 
dered that it be entered on the journals — "In General Assembly Nov. 
1 st - 1804, Resolved to concur with the Governor and Council in their 
proposed amendments to the following Bills, to wit, A Bill Entitled u An 
act to suspend all civil Process against Charles Willard of Tinmouth" 
&c, A Bill Entitled "An act granting to Elisha 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, passed in the House of Representatives,' Entitled 
"An act to ratify and confirm the election of a Collector of a Land-Tax 
in the Town of Bridgewater," was sent up to the Governor and Council 
for their Revision &c. and being read it was Resolved, that the Gov. & 
Council do nonconcur with the House in passing the said Bill into a 
Law for the following reasons — "Should this Bill pass into a Law, it 
may 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 General 
Assembly Nov. 1 st - 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 &c. and being read it was Resolved, To concur with the House 
in passing the said Bill into a Law. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
"An act authorizing the Proprietors and Landowners of Stowe in the 
County of Chittenden to make, accept and confirm any Division or 
Divisions" &c. was sent up to the Governor and Council for their Re- 
vision &c. and being read it was on motion Resolved, That it [be] 
referred to Mess 8 - Niles and Spooner. 



Governor and Council — November 1804. 35 

An Engrossed Bill, passed in the House of Representatives, Entitled 
u An act suspending suits against Joseph Bowman Ju r - 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 
House 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 
&c. and being read it was on motion Resolved, That it be referred to 
M r 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 
passing said Bill into a Law. 

"An act for encouraging the destruction of Bears" was again read and 
M r - Shepardson asked and obtained leave to withdraw the same. 

The Committee on the Bill Entitled "An act empowering 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 
Office of Comptroller of the Public Accounts," was called up and Referred 
to Gov r - Brigham and M r - Galusha. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
• l An act to revive and alter an act Entitled An act laying a Tax on 
Swan ton," 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 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 postponed untill the 
afternoon. 

The Message below recorded was received from the House," read & 
Ordered, That it be entered on the journals — "In General Assembly 
Nov r - 2 d ' 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 
Nov. 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 thereon: "In General As- 
sembly Oct r - 27 th ' 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. Nov. 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 Oct 1- - 24 th ' 1804, Introduced by M r 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 past, state facts and make 
report. Read and Referred to Mess 8 - Shaw, Wheatley, and Buckingham. 
Nov. 1, on motion Ordered that Mess. MofFett 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 r - Niles requested to inform the House of the Reasons 
of Council. \ 

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 r - Chittenden. 

The Committee on the Bill Entitled "An act authorizing and empow- 
ering the Treasurer of this State to sell and convey certain Lands in 
Wilmington in the County of Windham," reported the following amend- 
ment, — In the 14 th line alter the word "Deed" erase the whole line and 
insert the following words, "when executed and acknowledged by the 
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 Law as amended, and M r 
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: "In General Assembly Oct r - 
25 th - 1804, Referred to Mess 8 - Chipman, Hendee, and I. [Isaiah] Fisk. 
Att 1 - M. Post Clk. Nov. 2 d > 1804, on motion Ordered, That Mess 8 - 

1 One of the reasons doubtless was that no complaint, against the 
judges had reached the Council. The result of the inquiry in the House 
was to relieve the judges from any blame in the matter of fees, in the 
opinion of the committee ; but the House accepted the facts of the re- 
port without any opinion as to the law of the case. See printed Assem- 
bly Journal, Oct. 1, 1804, p. 369. In 1805, the investigation was re- 
newed, and it resulted in a resolution declaring that the fees complained 
of " were taken by said judges with upright views, and that they are 
by law made judges of what is a reasonable and fair construction of the 
fee bill." This was accepted 100 to 82 — a party division probably. — See 
printed Assembly Journal of 1805, pp. 32, 37, 48. 



Governor and Council — November 1804. 37 

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

An Engrossed Bill, passed in the House of Representatives, Entitled 
"An act granting to the Common Council of the City of Vergennes 
Liberty to raise by Lottery the sum of Two Thousand Five Hundred 
[dollars] for the purpose of building a Bridge over Otter Creek," was 
sent up to the Governor and Council for their Revision &c. and being 
road it was Resolved, That it be referred to M r - Spooner. 

The Committee on the Bill Entitled "An act for the relief of the 
Proprietors of Concord in a certain case therein mentioned," reported 
the following amendments — after the word "same" in the 8 th Line of the 
l Bt 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 nd Section and add this 
Section in its place, "Sec. 2 nd - And be it further enacted, That true and 
attested copies of such votes and proceedings, so recorded as afores d - 
may be read in evidence in any Court of Justice in this State" — and 
after the word "remain" in the Preamble erase the Remainder thereof 
and add the following words, "partly on loose Pieces of paper and partly 
in a Book, some of which are not properly attested by the Clerk, which 
evil to remedy" — which were adopted and on Motion Resolved, to con- 
cur with the House in passing said Bill into a Law as amended, and 
M r Loomis requested to assign the Reason for the same to the House. 

Adjourned to 9 O'clock Tomorrow morning. 



Saturday November 3 rd > 1804, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The Committee on the Bill Entitled " An act reviving certain acts 
laying Land-Taxes on the Towns therein mentioned," &c. reported sun- 
dry amendments, viz. Erase the Preamble of the Act, and after the word 
'•three " in the 4 th Line of the 1 st See 11 - erase the remainder of the Bill 
and insert the following, "assessing a Tax of Two Cents per acre on 
Craftsbury, of three cents per acre on Lutterloch [Lutterloh, now Al- 
bany,] and of three cents per acre on Hard wick, be and the same are 
hereby revived and shall have the same force and effect as if they had 
passed at the present Session of the Legislature. Sec. 2 ad - And it is 
hereby further enacted, That David P. Cobb of Lutterloch be and he 
hereby is appointed a member of the Committee to superintend the 
expenditure of the Tax on the Town of Lutterloch in the place of Elea- 
zer Cobb therein named, and that Samuel French of Hardwick be and 
he hereby is appointed a member of the Committee to superintend the 
expenditure of the Tax assessed on Hardwick in the place of Levi Good- 
ridge, any thing to the contrary in the said acts notwithstanding" — 
which amendments were adopted and Resolved, To concur with the 
House in passing the said Bill into a Law as amended, and M r - Fletcher 
requested to inform the House of the Reasons of Council in adopting 
those amendments. 

The following Resolution was introduced: "In Council Xov r 3, 1804, 
Resolved that a Committee of one be appointed, to join such Committee 
as the House of Representatives may appoint, to distribute the Election 
Sermons and the Proclamation for Thanksgiving " — which was read, 
adopted, M r - Shepardson appointed the 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 Nov r - 
3 d ' 1804, Resolved, the House of Representatives concurring therein, 
that the Two Houses meet in joint Committee in the Representatives' 
Room, on Tuesday next, at the opening of the House in the afternoon, 
to make a choice of a Major General of the Third Division of the Militia 
of this State, which office has become vacant by the Resignation of Major 
Gen 1 - Martin Chittenden"— which was read, adopted, and Ordered, That 
the Secretary carry the same to the House and request their concur- 
rence. 

Pursuant to the concurrent Resolution of both Houses the Governor 
and Council proceeded to the Representatives' Room for the purpose of 
Choosing the Electors of President and Vice President of the United 
States, and having compleated the same, returned to their Chamber and 
resumed the consideration of business. 1 

An Engrossed Bill, passed in the House of Representatives, Entitled 
"An act granting relief to Capt n 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 th Jine and inserting the name of ''Ellas Keyes," and then Resolved, 
To concur in passing the same into a Law as amended. 2 

An Engrossed Bill, passed in the House of Representatives, Entitled 
"An act directing the Treasurer to pay Elias Stevens the sum therein 
mentioned," was sent up to the Governor and Council for their Revision 
&c. and being read it was Resolved, That it be referred to M r 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 r - Buckingham, from the House, returned the 
Resolution of Council respecting the time of Electing a Major Gen 1 - of 
the Militia with the following order thereon — "In Gen' Assembly Nov. 
3 d » 1804, Read and resolved to concur in this Resolution with a proposed 
amendment, insert "Monday" instead of "Tuesday," and that M r - 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, passed in the House of Representatives, Entitled 
"An act in alteration of and revival of an act Entitled An act assessing 
a Tax of Two Cents per acre on the Town of Westford," was sent up to 
the Governor and Council for their Revision &c. and being read it was 
Resolved, That it be referred to Mess 8 - Galusha and Loomis. 

The Committee on the Bill Entitled "An act to revive and alter an 
act laying a Land-Tax on Swanton," reported the following amendments 

1 The electors chosen were Josiah Wright, Samuel Shaw, Ezra Butler, 
Nathaniel Niles, William Hunter, and John Noyes, one of whom was 
then a member of the Council, and three were members of the House. 

2 See ante, p. 24, note. 



Governor and Council — November 1804. 39 

— after the last word in the 7 th 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 th Line in the 3 rd Sec. erase the remainder of the 
Section and insert the words "oh the Roads in the Town of Swanton, as 
the Committee shall think most convenient," and in the 4 th Sec. after 
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 per acre on the Town of Swanton, for 
the purposes therein mentioned," be and hereby is repealed," — which 
were adopted and on motion Resolved, To concur with the House in 
passing said Bill into a Law as amended, and M r - 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 d from the House with this order thereon: 
"In Gen 1 Assembly Nov. 3, This Bill was brought in on motion of M r 
Utley, read and referred to Mes 8 - Emerson, B. Harrington, and Beach 
to join Committee from Council. Attest M. Post Clk."— which was 
read and Resolved, That M r - 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: 1 st - 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 9 th A. D. 1797" — and 2 nd - It does net 
appear that the Petitioner has complied with the Law requiring Peti- 
tions for acts of Suspension to be advertised. 

The Committee on the Bill Entitled "An act authorising the Propri- 
etors and Landowners of Stow in the County of Chittenden to make 
out, accept and confirm any Division or Divisions &c, reported that it 
ought not to pass, whereupon it was Resolved, To nonconcur with the 
House in passing the said Bill into a Law for the following reasons: 
"According to this Bill the majority may deprive individuals of their im- 
provements and habitations and place them on Unimproved Lands, 
altho' such Individual may have honestly purchased and paid for the 
Land he occupies. Altho' Proprietors of Towns are authorised to divide 
their .Lands by vote, yet the Governor and Council cannot think that 
any body of men ought to be empowered to dispose by vote of the pri- 
vate property of Individuals. It does not appear to the Governor and 
Council that all concerned acquiesce in the provisions of this Bill, with- 
out which the Government seem not to possess the power of making 
them." 

Adjourned to 9 O'clock Monday morning. 



Monday November 5 th > 1804, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
" An act making Provisions for the payment of Prosecutions in certain 
cases therein mentioned," was sent up to the Governor and Council for 
their Revision &c. and being Read it was on motion Resolved, That it 
be referred to Gov. Brisrham and M r - Galusha. 



40 Governor and Council — November 1804. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
" An act to provide for the authentication of certain Records in the 
Town of Westfield," was sent up to the Governor and Council for Iheir 
Revision &c. and being read it was Resolved, To concur with the House 
in passing the said Bill into a Law. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
'• An act to alter and amend an act appointing a Committee to lay a Road 
from Guildhall to Danville," was sent up to the Governor and Council 
for their Revision &c. and being read it was Resolved, That it be refer- 
red to M r - Shepardson. 

M r . D. Chipman, from the House, returned to the Governor and 
Council the Bill Entitled "An act directing Recording Officers in their 
Office and Duty," with certain proposals of Amendment made by the 
House to the Bill, upon which it was Resolved, To concur in all of them 
except the one proposing a new Section to be added to the Bill, and M r - 
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 1 Assembly Nov. 3, 1804, Resolved. 
To concur with the Governor and Council in their proposed Amend- 
ments to the Bill Entitled "An act to revive an act laying a Tax on 
Swan ton." Extract from the Journals, Attest M. Post Clk." 

This Resolution was received from the House — "In General Assem- 
bly Nov r - 5 th - 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 r - [Jas.] Fisk, Read and passed. Attest 
M. Post£lk." — 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 their Revision &c. read 
and Resolved, To concur with the House in passing the same into a Law. 

A Bill Entitled "an act annexing Parker's Gore 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 d - 1804, Read any ordered to be amended by erasing that part of 
the Bill which goes to altering the name of Medway, [and] recommitted 
to the Committee on the Petition accompanying to join. Attest M. Post 
Clk." — in which Reference the Council concurred. 

The following Bills, passed in the House of Representatives, were sent 
up to the Governor and Council for their Revision &c. — " An act for the 
relief of Alexander Plumley," and " An act directing the Treasurer of 
this State to issue Certificates in payment of the Debenture of the pres- 
ent Session of the Legislature," and being severally read and considered 
it was on motion Resolved, To concur with the House in passing them 
into Laws. 

A written Message was rec d from the House as follows — " In General 
Assembly Nov 1- - 5, 1804, Resolved to concur with the Governor and 
Council in their proposed amendments to the following Bills, to wit, A 
Bill Entitled " An act authorising and empowering the Treasurer to sell 
and convey certain Lands in Wilmington " &c. ; A Bill Entitled "An act 
for the relief of the Proprietors of Concord;" A Bill Entitled " An act 
granting relief to Capt n - John Vincent, a poor Indian;" A Bill Entitled 
** An act reviving certain acts laying Land-Taxes " &c. — And that the 
House rescind [recede] from their Vote adding a new Section to the 



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 referred to M r - Galusha. 

M r - Niles introduced the following Resolution: wi Resolved that 

be a Committee to confer with such Committee as the Gen 1 - Assem- 
bly may appoint on the Bill Entitled u An act enabling the Clerk of the 
County of Caledonia to record the Sales of Robert Whitelaw, a Collec- 
tor," and to report thereon to the two Houses " — which was adopted, the 
Blank filled with the name of M r - Niles and Ordered, That the Secre- 
tary carry it to the House and request their concurrence. 

M r - Potter from the House returned the Bill Entitled kW An act to rat- 
ify and confirm the Election of a Collector of Land-Tax in Bridgewater," 
which was nonconcurred by Council Nov. 2 nd ' and after assigning the 
Reasons why the House insisted upon the passing the Bill, which they 
had airain done, he withdrew. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — The Governor and Council, pursuant to the Con- 
current Resolution of both Houses, met the House of Representatives 
in joint Committee in their Room, and having accomplished the busi- 
ness of their meeting the Committee was dissolved and the Governor 
and Council returned to their Chamber. 1 

The Committee on the Bill Entitled "An act granting to the Common 
Council of the City of Vergennes liberty to raise by Lottery the sum of 
Two Thousand five Hundred Dollars "for the purpose of building a 
Bridge over Otter Creek in said City," reported that the same ought to 
pass "which Report was not accepted, and on motion Resolved, To non- 
concur with the House in passing the said Bill into a Law, and M r 
Shepardson was requested to draught the reasons of Council for such 
nonconcurrence, which he did, and were adopted, as follows: "1 st - Be- 
cause Institutions of this kind tend to invite individuals to enter into 
Speculations in obtaining property different from the modes dictated by 
honest Industry. 2 ndl >' Because the experience of this Government has 
taught us that Lotteries have created greater evils to community than 
th«y were designed to remove." 

M r Galusha asked and obtained leave to introduce the following Bill 
Entitled "An act appointing a place for the meeting of the Electors of 
this State for Electing a President and Vice president of the United 
States," which was read and Resolved, That it pass, and ordered to be 
engrossed and sent to the House of Representatives for their Con- 
currence. 

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



1 Brig. Gen. Samuel Strong was elected Maj. General of the third 
division of Vermont militia. 



42 Governor and Council — November 1804. 

passing the said Bill into a Law for the following reasons, to wit: "Jt 
would be highly injurious and a violation of corporate priviliges to 
annex a part of any Town to another without the free assent of the 
majority of the Inhabitants of each, first had and obtained, at a legal 
meeting of the Inhabitants convened for the purpose. This does not 
appear to have been the case in the present instance." 

The Committee from both Houses on their joint resolution relative to 
empowering Methodist Ministers to celebrate marriage, reported a Bill 
which was read and ordered to lie on the Table. 

The Committee on the Bill Entitled "An act in addition to and in 
explanation of an act constituting the Supreme Court" &c. reported 
that it ought to pass, whereupon it was Resolved, To concur with the 
House in passing the same into a Law. 

"An act to ratify and confirm the Election of a Collector of a Land- 
Tax in Bridge water" was again Read and on motion Resolved, That the 
Governor and Council do rescind from their nonconcurrence in said 
Bill, and that they concur with the House in passing the same into a Law. 

Adjourned to 9 O'clock Tomorrow Morning. 



Rutland, Tuesday, November 6 th - 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 Mess 8 - Galusha and Loomis. 

The following Resolution was received from the House — "In General 
Assembly Nov. 6 th - 1804, Resolved, the Governor and Council concurring 
therein, that a Committee of Three be appointed on the part of this 
House, to join such Committee as the Governor and Council may ap- 
point, to take into consideration and report what business is now before 
the General Assembly necessary to be acted upon, and at what time the 
General Assembly may adjourn. Introduced by Ja s - Fisk, Read, passed 
and Mess 8 E. Butler, Chipman, and Baker appointed a Committee on 
the part of the House. Extract from the Journal, Attest, M. Post 
Clerk" — which was read, concurred, and M r - Wheelock appointed to join 
the Committee from the House. 

The Report of the Committee of Both Houses, appointed to point out 
the manner in which the Laws of the United States should be distrib- 
uted, was received from the House with these orders thereon — "In Gen- 
eral Assembly Nov 1 - 3 rd * 1804, Read and ordered to lie on the Table. 
Nov. 5 th ' 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 r - 27 th - 1804, This Bill, introduced on Motion of M r - Buel, was 
read and referred to Mes 8 - Norton, Aiken, and Moffett. Nov. 5, Com- 
mittee directed to join Committee from Council. Attest M. Post Clk " 
— which was read and on motion Resolved, That M r - Keyes join the 
above Committee from the House. 

The Committee on the Bill Entitled "An act instituting, defining and 
regulating the office of Comptroller of the Public accounts," with leave 
laid it on the Table of Council, and it being tinder consideration it was 
on motion Resolved, To nonconcur with the House in passing the said 



Governor and Council — November 1804. 43 

[bill] into a Law, and M r - Galusha was requested to inform the House of 
the Reasons of Council for such nonconcurrence. 

The Committee on the Bill Entitled " An act for the Relief of Aaron 
Henry Jun r - and the sureties of the said Aaron Henry Jun r " reported 
that they could not agree with regard to the principle embraced by the 
.Bill, and after making a Statement of facts, submitted it to Council 
whether the said Bill should pass, whereupon it was Resolved, To non- 
concur with the House in passing the same into a Law for these Rea- 
sons to wit, 1 st - We find that no such conviction, as is set forth in said 
Bill, has ever been had against the said Aaron Henry Jun r - but that a 
Verdict of the Jury of Guilty was returned into Court against him, and 
that after the Verdict as aforesaid, and before the entering up of 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 d Henry and of course he is not rendered infamous or deprived 
of any of the privileges of a citizen of this State, in consequence of any pro- 
ceedings in said Tryal. And, further, as he voluntarily deserted his trial 
and the Bonds being called out and chancered by the Court, he cannot 
by the usages of Law, or any custom heretofore adopted by this State, 
now be entitled to a trial in said Cause, but if this Legislature is dis- 
posed to grant any relief in the premises, in the opinion of this Coun- 
cil, it ought to be by further Chancering the Bonds. 2 nd - 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 r - White. 

The 15111 passed in Council, Entitled " An act appointing a place for 
the meeting of the Electors of President and Vice President of the 
United States," was returned from the House with certain proposals of 
amendment made to the Bill by that Body, which were read and 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, Tbat it be referred to Mess 8 - Galusha and White. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
u An act annexing Parker's Gore to Med way " [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 the same into a Town by the name of Parkerstown " — by insert- 
ing in the 7 th Line of the 1 st Sec. the word " Parkerstown " in lieu of the 
word " Med way," and after the word u inserted " in the 5 th line of the 2 nl 
Sec. by adding the words "■ Parkerstown alias" — and then Resolved, T<> 
concur with the House in passing the same into a Law as amended, and 
M r - Keyes requested to inform the House of the Reasons of Council in 
proposing those amendments. 



44 Governor and Council — November 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 bro*- in on motion by M r 
Peckham, read and Referred to Mess. Buel, H. Horton & A. Horton to 
join. Attest M. Post Clk " — whereupon it was Resolved, That M r - 
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 Nov r - 6, 1804, This Bill was bro*- in on mo- 
tion of M r - Stanley, read and referred to Mess 8 - Leavenworth, Hinman, 
and Underhill to join. Attest M. Post Clk "—which was read and Re- 
solved, That M r - 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 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 addition to an act Entitled an act regulating Town Meetings 
and the choice and duty of Town Officers," was sent up to 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. 

M r Loomis introduced the following Resolution — " In Council Nov r - 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 r - 
Loomis requested to carry it to the House, and the Bill mentioned 
therein, inform them of the Reasons of Council and request their concur- 
rence. 

The following Bills, passed in the House of Representatives, were 
sent up to th*e Governor and Council for their Revision &c. — " An act 
authorising the Proprietors of Moretown in the County of Chittenden 
to ratify and confirm the Division of said Town in Severalty," and "An 
act granting a new Trial to Charity Blodget and Peggy Blodget, both 
of Randolph in the County of 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 r - Witherell added to the Committee from Council. 

Adjourned to 9 O'clock Tomorrow Morning. 



Wednesday, November 7 th - 1804, 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 Committee to lay out and survey a Public 
Road from Berkshire to Brandon," reported the following amend- 
ments viz. Erase the remainder of the Bill after 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 

addition have not compleated the surveying and laying out the Road 
contemplated to be laid in and by said Act, by the time therein lim- 
ited—Therefore It is hereby enacted by the General Assembly of the 
State of Vermont That said Committee, with the addition of Nathaniel 
Ladd and Caleb Hendee Esquires, shall have time from and after the 
passing 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 ihe House in passing the said Bill into a Law as amended, and M r - 
White requested to assign the reasons of such amendments to the House. 

The 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 on the Town of Westford, passed 26 th Oct r - A. D. 1799," reported 
these Amendments— In the tenth line of the Preamble, after the word 
"such" erase the word u as " and insert the words " whereon Taxes," 
and after the word "paid" erase the words "and redeemed." In the 
fifth line of the Second 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 rd - 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 affect 
the Title to any Lands where the owner or owners have worked out 
their Taxes and settled the same with the Committee appointed by said 
act to superintend the expenditure of said Tax, or who have paid their 
Tax to the 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 Law as amended, & M r - 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 Goveriior 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 th - 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 shall be employed, to be paid out of the Es- 
tate of the said Nathan Osgood. And the appraisers shall be allowed 
such sum per day as is by Law allowed to the appraisers of the Estate 
of persons deceased, and also the expense 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 r 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 directing 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 1 
Shepardson. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
" An act granting the exclusive right of Ferriage and Freightage from 
Burlington Bay in the State of Vermont to Chesterfield in the State of 
New York for the Term of fifteen Years," was sent up to the Governor 
and Council for their Revision &c. read and Resolved, That it be refer- 
red to M r 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 fhe County of Windsor," which were sev- 
erally read and it was Resolved, To concur with the House in passing 
them into Laws. 

M r - 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 over Otter Creek in said City," 
which had been nonconcurred by Council Nov. 5 th ' and had again been 
passed by the House, and after assigning the reasons which gov- 
erned that body in again passing the Bill, 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 
u An act directing the Treasurer to pay the Executor of Calvin Knoul- 
ton Esq r - deceased the sum therein mentioned," was sent up 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 r - 7 th - 1804, Resolved to concur with the Gover- 
nor and Council in their proposed amendments to the following Bills, to 
wit, a Bill Entitled "An act in addition to an act appointing 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 Westford;" A Bill Entitled "An act granting Relief to Nathan Os- 
good," and "An act annexing Parker's Gore to Medway " &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 r - 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 " &c. 
which was nonconcurred by Council Nov 1- - 3 rd - and informed the Council 
that the House had again passed the Bill, and after informing the Coun- 
cil of the reasons of the House, and requesting the concurrence of 
Council, he withdrew— whereupon it was on motion Resolved, That the 



Governor and Council — November 1804. 47 

Governor and Council rescind from their nonconcurrence in said Bill, 
and that the following Resolution be adopted as the sense of Council 
on the subject of that Bill—" In Council Nov- 7 th ' 1804, Resolved, the 
House of Representatives concurring therein, that the Bill Entitled "An 
act authorising the Proprietors and Landowners of Stow in the County 
of Chittenden to make, accept and confirm any 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 
ibis act to be published in the Vermont Journal printed at Windsor, and 
Vermont Centinel printed at Burlington, three weeks successively, the 
last ot which publication to be at least three weeks before the sitting of 
the Legislature; 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 forth 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 hi 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 8 - 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 8 - 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 8 - Witherell & Chittenden. 

M r - 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 nonconcured by Council Nov r - 5 th - 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 r - 7. 1804, Resolved, the House 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 8 th ' 1804. 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The Following Resolution was laid on the Table — In Council Nov r - 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 Nov. 7, 1804, Resolved, the 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 r - B. Clapp, Read and passed 
in Gen 1 - Assembly Nov. 7, 1804. Attest M. Post Clk "—which Resolu- 
tion was read and 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 on 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 affect 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 r - 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 Eslate," which report was not accepted and on motion it 
was 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 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 8 - Shepardson & Witherell. 

M r - 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 
Imprisoned 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 1- - 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 r - 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 Sheriff of Orange County," which was read 
and on motion Resolved, That it be referred to Mess 8 - Loomis, Niles 
and Chittenden. 

The Committee on the Bill Entitled "An act granting the exclusive 
right of Ferriage and Freightage to Capt n - 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 second 
and fifth lines from the bottom of the Bill, and add the following to the 
Bill, "Provided, and it is hereby 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 Burlington 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, he 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 Sign 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 r - 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 
limited, and that the Bill before 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. 1 st That the act which this is to 
continue in force for a longer time than the Tenth Section of said Act pro- 
vided for, was passed by the Legislature under the pressing urgency of Pe- 
titions from a great number of Inhabitants, complaining of serious evils 
that then existed, which evils do not appear to the Council now to exist. 
2nd. 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 an encour- 
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 to 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 8 - Wheelock and Galusha. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
u 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 r 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 r - 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 
year," 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 th > 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 r 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 s - 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 &c. Read and on motion Re 
solved, That it be referred to M r Niles. 

Adjourned to 8 O'clock Tomorrow morning. 



Rutland, Friday, November 9 th * 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 the 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 r 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 Engrossed Bill, passed in the 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 r - 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 th > 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 th * 1804, 
Resolved to concur with the Governor and Council in their proposed 
Amendments to the Bill Entitled "An act directing the Treasurer to 
pay EUas Stevens the sum therein mentioned." Extract from the Jour- 
nals, Attest M. Post Clk " — which messages 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. Amt. of Atten- Amt. of Whole 
Travel, dance. Att'dce. Amount. 

His Honor Paul Brigham, L*- Governor — 50 
The Hon ble Jonas Galusha of the Council. . .50 

•'. . . -Samuel Safford " 58 

". . . .Noah Chittenden " 65 

" ...James Witherell " 17 

" Beriah Loomis " 60 

". . . .John White " 87 

" ...Nathaniel Niles " 71 

". . . .Eliakim Spooner " 52 

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

" Ebenezer Wheelock " 28 

" Asaph Fletcher " 25 

". . . .Elias Keyes " 24 

William Pasje Jun r - Secretary " 65 

Arunah W. Hyde Esq r - Sheriff of Rutland Cy 10 
Issachar Reed for his Bill of Room &c 



$6.00 


30 $120.00 $126.00 


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 











$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 



52 Governor and Council — November 1804. 

with the House in passing the said Bill into a Law as amended, and M r - 
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 r 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 in passing 
said Bill into a Law as amended. 

The following Messages were rec d - from the House, read and Ordered, 
That they be entered on the Journals, viz. "In General Assembly Nov. 
9 th ' 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 proposed by the Governor and Council to the Reso- 
lution appointing 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 Bill 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 r - 
late of Burlington deceased, 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 r - 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 

3iH into a Law, and M r requested to inform the House of the 

Reasons of Council for such nonconcurrence.^ 

An Engrossed B411, 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 &c. 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," reported sundry amendments, which were adopted 
and on motion it was Resolved, To concur with the House in passing 

1 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 amended, and M r Keyes 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 r 
Loomis requested to inform the House of the Reasons of Council for 
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 r Niles requested to 
inform 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 Rfcad 
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 the same into a Law. 

M r 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 taken up and acted on anew in the House oi 
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. 

Au Engrossed Bill, passed in the House of Representatives, Entitled 
u An actdirecting the Treasurer to pay Ja p - 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 Nov. 
9 th ' 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 Sheriffs " &c, " An 
act establishing a Grammar School in Dorset," and u 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 purpose abovementioned, and after an appropriate 
prayer by M r - Ball, the Chaplain, the Legislature was adjourned without 
day, and Proclamation made of the same by Arunah W. Hyde Esq r - 
Sheriff of Rutland County. 

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



54 Governor and Council — May 1805. 



RECORD OF 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 Council 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 United 
States the Twenty-ninth, by special notification from His Excellency 
the Governor, for the purpose of supplying a Vacancy in the Office of 
High Bailiff 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 Isaac Tichenor Esquire 
Governor, His Honor Paul Brigham Esquire L*- Governor, of the Coun- 
cil The Honorable Jonas Galusha, Samuel Safford, James Witherell, 
John White, Eliakim Spooner, Samuel Sheparclson, Asaph Fletcher & 
Elias Keyes Esquires. William Page Jun r - Secretary, Arunah W. Hyde 
Esq r > Sheriff. 

The Governor communicated to the Council sundry Letters from 
David Wing Ju r - Esquire Chief Judge of the County 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 r - 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 qualify him- 
self for that office according to Law, founded on the Representation of 
the Honorable M r - White— and the ballots being counted, Oliver Day 
Esq r - 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 appre- 
hended and delivered to Nathan Willson Esquire Sheriff of 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 Riot, all of whom, it is 
represented, are now in this" State, and the Documents relative to the 
said application being read it was on Motion Resolved, That the Council 



Governor and Council — May 1805. 55 

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 r - 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- Aint. of Whole 
Travel. Travel, dance. Att'ce. Amt. 

His Honor Paul Brigham J> Governor 50 

The Hon ble Jonas Galusha of the Council.. .50 

:." Samuel Safford fcl 59 

M James Witherell " 17 

" John White " 87 

". . . .Asaph Fletcher " 27 

" ...Elias Keyes " 20 

" Eliakim Spooner " 52 

" . . . . Samuel Shepardson. ....*' 80 

William Page Jun r - Secretary 65 

Arunah W. Hyde Esq r - Sheriff 12 



$6.00 


2 


$8.00 


$14.00 


6.00 


2 


3.00 


9.00 


7.08 


2 


3.00 


10.08 


2.04 


2 


3.00 


5.04 


10.44 


2 


3.00 


13.44 


3.24 


2 


3.00 


6.24 


2.40 


2 


3.00 


5.40 


6.24 


2 


3.00 


9.24 


9.60 


2 


3.00 


12.60 


7.80 


2 


5.00 


12.80 


1.44 


2 

i 


3.00 


4.44 


162.36 


$40.00 $102.36 



No further business being before the Council, on Motion they ad- 
journed without day. 

A True Journal, Attest William Page Jun r - Secy- 



TWENTY-NINTH COUNCIL, 



OCTOBER 1805 TO OCTOBER 1806. 



Isaac Tichenor, Bennington, Governor. 
Paul Brigham, Norwich, Lieut. Governor. 

Councillors: 



Nathaniel Niles, West Fairlee, 
Jonas Galusha, Shaftsbury, 
John White, Georgia, 
Beriaii Loomis, Thetford, 
Noah Chittenden, Jericho, 
Eliakim Spooner, Westminster, 

William 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. 

Gen. Josiah Wright, born in 1752, son of Charles Wright, was 
brought by his father from Williamstown, Mass., to Pownal in 1763. He 
represented Pownal in the General Assembly 1793 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 Board 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 Jeffersonian 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 "men 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."— Ft 
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 Thursday of that Month, in the year of our 
Lord one Thousand eight Hundred and five, and of the Independence 
of the United States the Thirtieth, on which day the General Assembly 
were convened pursuant to the Laws and Constitution of this State — 
Present His Excellency Isaac Tichenor Esq 1 "- Governor, His Honor 
Paul Brigham Esq 1- - L* Governor, of the Council the Hon ble Jonas 
Galusha, Samuel Safford, Noah Chittenden. James Witherell, Beriah 
Loomis, John White, Nathaniel Niles. Eliakim Spooner, Samuel Shep- 
ardson, Ebenezer Wheelock, Asaph Fletcher & Elias Keyes Esquires. 
William Page Jun r - Secretary, David Elkins Esquire Sheriff of Caledonia 
Counly. 

M r Safford introduced the following Resolution — Resolved, That a 
Committee of five Members be 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 8 - 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 Council has convened, and also carry down the 
foregoing resolution. 



58 Governor and Council — October 1805. 

M r - Shaw, a Member of the house, returned the above resolution with 
the order of that body thereon — " In General Assembly Oct r - 10 th ' 1805, 
Read, Concurred & Mess 8 - 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, Cahoon. 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 Tern." 

Council adjourned to 5 O'clk P. M. for the purpose of attending Pub- 
lic Worship. 1 

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, LA 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 immediately proceeded to the Representa- 
tives' Room for that purpose, when the Committee made the following 
Report—" Danville October 10 th - 1805. To the Hon ble General Assem- 
bly now sitting at Danville in the County of Caledonia — Your Commit- 
tee appointed to receive, sort & count the Votes for Governor, U- Gov- 
ernor, Treasurer and Councillors for the vear ensuing, beg leave to 
report, That His Excellency Isaac Tichenor Esq r - is elected Governor, His 
Honor Paul Brigham I> Governor, Benjamin Swan Esquire Treasurer, 
Jonas Galusha, Beriah Loomis, Noah 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 Galusha, Chairman."* 

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 11 th - 1805, 9 O'clock A. M. 
The Council met pursuant to adjournment — Present His Honor Paul 
Brigham L l - Governor, of the Council The Hon ble Jonas Galusha, Be- 
riah Loomis, Noah Chittenden, James Witherell, Eliakim Spooner, 
Asaph Fletcher, Ebenezer Wheelock, John White, Nathaniel Niles, 

i Rev. John Fitch preached the election sermon: 

2 Gen. Samuel 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 retire, though there is no published 
evidence to that effect. The above ticket of Councillors, said Spooner's 
Vt. Journal of Aug. 6 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 that many of the Jeffersonians 
refused obedience to the recommendation of the caucus. 



Governor and Council — October 1805. 59 

Elias Keyes and Josiah Wright Esquires. William Page Jun r - Secre- 
tary, David Elkins Esquire Sheriff. 

The I> Governor and the abovementioned Members of the Council 
proceeded to the Representatives' Room, and after prayer by the Rev d - 
M r 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 support the Constitution of 
the United States, took his seat as a Member of this board. 

M r - [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 them 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 th - 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, after taking the Oaths of Office and to support 
the Constitution of the United States, delivered to both Branches of the 
Legislature the following Speech. 1 The Governor and Council then 
returned to their Chamber and commenced business. 

On Motion Resolved, That all Committees from this body be ap- 
pointed by the Governor, and in case of his absence by the L 1 Governor. 

The following resolution was received from the house — k, In General 
Assembly Oct r - 11 th - 1805. The following standing Committees, accord- 
ing to their respective denominations, were appointed on the part of 
the house, to join such Comm tees a*s the Hon 1 Council may please to 
appoint on the same subjects, viz. Committee on New Trials — Mess 8 - 
W. Chamberlain, H. French and Gardner. Committee of Insolvency 
and Suspension— Mess 8 - Luce, E. Porter, Clap, House and Wilkins. 
Committee on Petitions of Collectors of State Taxes— Mess 8 - Fox, Henry 
and Galusha. Committee on Banks — Mess 8 - Hunt. •Cottle, Crafts, J. 
Fisk, [Jonathan of Williamstown,] P. Smith, B. Phelps and Baker. 
First Land Tax Committee — Mess 8 - D. Dyer, Foster & C. Smith. Sec- 
ond Land Tax Committee — Mess 8 - Hall, Fisher & Enos. Third Land 
Tax Committee — Mess 8 - Barlow, Painter & Shatter. First Turnpike 
Committee — Mess 9 - Hurd, Knight, Chipman, Freeman, Butts, Chase, 
Pearl, Pomeroy, Palmer, Hinman and H. French. Committee on the 
Glebe Lands — Mess 8 Gardner, Williams, R. Parker, Emerson and J. 
Perry. Extract fiom the Journals, Att. M. Post Clk"— which was 
read and it was Resolved to concur in the appointment of the above 
named .standing Committees, and that M r - Galusha join the Committee 
appointed by the house on New Trials— M r - White The Committee of 
Insolvency and Suspension — M r - Shepardson The Committee on the 
Petitions of Collectors of State Taxes — Mess 8 - Niles & Keyes The Com- 
mittee on Banks — M r - Wright The First Land Tax Committee — M r - 
Fletcher The Second Land Tax Committee — M r - Spooner The Third 
Land Tax Committee — Mess 8 - Witherell & Loomis The First Turnpike 

1 For speech see Appendix A. 



60 Governor and Council — October 1805. 

Committee — Mess 8 - 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 O'clock 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 Assembly, Oct 1 "- ll th > 1805, Read and 
passed into a Resolution of this House, and Ordered to be sent to the 
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: u In General Assembly Oct 1- - 
11, 1805, Read and Referred to Mess 8 -' Buckingham, Wheatley and 
Seegar, to join Committee from Hon ble Council. Att. Martin Post 
Clk." — which was read, and it was Resolved, That Gov 1- - 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 1 *- 11, 1805, Read and Re- 
ferred to the Committee on the Petition of Josiah Patterson to join 
Committee from Council. Attest Martin Post Clk." — which 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, was received from the house with this order 
minuted thereon — " In General Assembly Oct r - 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 r - 11, 1805 — Read & 
Referred to the Committee on Sta|e 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] Holbrook 
and others for a Bank at Brattleboro', and a Petition for a Bank at Bur- 
lington were received from the house with the following order on each: 
• k In General Assembly Oct r - 11 th - 1805— Read & Referred to the Com- 
mittee on Banks tf) join. Att. Martin Post Clk " — which were severally 
read, and it was Resolved, To concur in the above reference. 

A Petition for [a] Land Tax on Coit's Gore, and one for a Land Tax 
on 8*- Albans were received from the house with this order on each — "In 
General Assembly Oct r -ll th > 1805— Read & Referred to the First Land Tax 
Committee. Att. Martin Post Clk" — which were severally read, and it 
was 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 r - 11, 180$ — 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 house with this order thereon — k 'Ju 
General Assembly Oct r - 11, 1805 — Read and Referred to the Committee 



Gwernor and Council — October 1805. 61 

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

Adjourned to 2 O'clock P. M. 

2 O'clock P. M.— The Petition of the Selectmen of the Town of 
Castleton was received from the house with this order of that body 
thereon— u In General Assembly Oct r - 12, 1805 -Read & Referred to 
Mess 8 - R. Lyon, Ware, Stone, Sam 1 - Phelps and Walbridge to join. Att. 
M. Post Clk.*' — which was read, with the order of the house, and 
it was Resolved, That M r - Loomis join the above Committee appointed 
by the House. 

The Petition of John Huntington was received from the house with 
this order on it — u In General Assembly Oct r - 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, were received from the House with this order on each — " In Gen- 
eral Assembly Oct r - 12 th ' 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 r - 12, 1805 — Read & Referred to the Committee of Insolvency &c. to 
join &c. 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 d 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 — tw In General Assembly Oct r - 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 — tk In General Assem- 
bly Oct r - 12 th ' 1805— Read and Referred to Mess 8 - Aiken, E. Fitch, Tut- 
hill, Noble, Sanford, Wheatley, Brownson, Goodwillie, Hubbard, T. H. 
Parker, and Hibbard, to join Committee from Council, to take into con- 
sideration all proposals &c. on the subject, and devise ways and means 
to carry the object proposed into effect. Att. Martin Post Clk " — which 
Bill and the order of the house thereon being read, it was Resolved, 
That Gov. Brigham and M r Galusha join the Committee appointed by 
the House on the s d Bill, and for the purpose expressed in the order ol 
the house. 

Adjourned to 9 O'clock Monday Morning. 



• Danville, Monday, October 14 th - 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 1805. 

Court holden at Chelsea within and for the County of Orange, were 
read, and it was Ordered, That the said Petitioners be heard by the Gov- 
ernor & 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 Koads 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 Weathersfield Turnpike Company were received from 
the House with this order on each — "In General Assembly Oct 1- - 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 one from Ozi Baker, were also 
received from the house with this order on each — " In General Assem- 
bly Oct r - 12, 1805 — Read & Referred to the Com e of Insolvency and Sus- 
pension to join &c. 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 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 r - 12 th - 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 r - Chittenden join the said Committee on 
this Petition in the room of M r White, 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 — u In General 
Assembly Oct 1 "- 11 th ' 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 r - 12 th - 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 
the publication of a Land Tax in Corinth, was received from the house 
with this order thereon — u In General Assembly Oct r - 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 — u In General Assem- 
bly Oct r - 12, 1,805— Read & Referred to Mes 8 - Rich, Knight & J. Dyer 
to join Committee from Council. Attest Martin Post Clk." — which 
Petition and the order of the house thereon being read, it was Resolved, 
That M r 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 r - 12, 1805— Read & Referred to Mes 8 - 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 r - Loomis join the s d 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 of the State, 
was received from the house with this order of the house thereon — " In 
General Assembly Oc 1 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 d 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 from the last Session of the Legislature, and the Petition of 
Amos Kellogg, were received from the house with this order thereon — 
"In General Assembly Oct r - 12, 1805 — Called up and Referred to Mess 8 - 
W. Chamberlin,Reed, M c Laughlin, 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 1- - Brigham join the above 
Committee appointed by the house on the said Bills and Petition. 

A Petition from the Inhabitants of Orwell, and one from the Inhabi- 
tants of Concord, were received from the house with this order on each 
— "In General Assembly Oct r - 12, 1805— Read and Referred to Mes 8 - 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 r - Wright 
join the s d 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 house with this order on the same — "In General Assembly, 
Oct r 12, 1805— Read & Referred to Mess 8 - 8. Strong, Pond & Hill, to join 
Committee from Council. Att. M. Post Clk" — which were severally 
read, with the orders of the htuse thereon, and it was Resolved, That 
M r - White join the Committee Appointed by the house on the s d 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 r - 12, 1805 — Read & Referred to Mess 8 - 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 r - 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 — u In General Assembly Oct r - 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 Ocf- 14, 1805— Read & Referred to Mess 8 - 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 r - Fletcher join the Committee appointed by the house on the 
said Petition. 

The Petition of several officers 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. 

Militia 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 Deming 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 r - 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 th 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 final 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 State's Attornies and the mode 
of settling their accounts, and report to this house by Bill or otherwise. 
In General Assembly Oct r - 14, 1805 — Read, adopted, & Mess 8 - J. Bayley, 
Whitney and Strong appointed a Committee on the part of the House. 
Att. Martin Post Clk " — which Resolution was read, concurred and M r 
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 1 - Painter, one 
from the Freemen of Vergennes, one from Levi Walker and others, one 
for a Turnpike from Manchester to Chester, one from the Freemen of 
Ferrisburgh, one from the Inhabitants of Williston, and one from James 
Southgate and others were received from the house with this order on 
each — rt In General Assembly Oct r - 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 Oct r - 14 th - 
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 from 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 r - 14 th » 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 r - 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 Oct r - 14 th ' 1805 — Read & Referred to 
the Committee on State Taxes to join &c. Att. M. Post Clk." — in 
which reference the Council concurred. 

The Petition of Charles Livermore and others was received from the 
house with this order on it — u In General Assembly Oct r - 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 — a In General Assembly Oct 1- - 14, 1805 — 
Read & Referred to the Committee on the Petition of the Selectmen of 
Charlotte to join &c. Att. M. Post Clk." — which Petition and the 
order of the House 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 Assembly Oct r - 
14, 1805 — Read and Referred to Mess 8 - 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 r - 
Keyes join the Committee from the House on the aforesaid Petition. 

The Petition of the Rutland and Stockbridge Turnpike Company was 
received from the house with this order on it, " In General Assembly 
Oct r - 14 th - 1805— Read and Referred to Mes 8 - 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- 
solved, That M r - 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 Oct r - 15, 1805 — Read and 
Referred, with the act accompanying the same, to Mess 8 - [Nathaniel] 
Chipman, Chase & Cahoon to join Committee from Council. Attest 
Martin Post Clk " — which were read, and it was Resolved, That M r - Ga- 
lusha join 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 r - 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, L*- Governor, Treasurer of the State, Councillors 
and Representatives, and report such amendments, if any, as they shall 
think expedient. Read and Referred to Mess 8 - 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 r - 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 Assembly Oct*- 
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 Governor and Council — October 1805. 

bly Oct r 15, 1805— Bead and Keferred 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 for a Land Tax on Goshen was received from the house 
with this order thereon — " In General Assembly Oct r - 15 th > 1805 — Read 
& Referred to 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 the Inhabitants of Ryegate, were re- 
ceived from the house with this order on each — " In General Assembly 
Oct r - 15, 1805 — Read & Referred to the Second Land Tax Committee to 
join &c. 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 1 *- 
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 1 "- 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 Stamford and others, respecting a State's 
Prison, was received from the house with the following order thereon, 
"In General Assembly Oct r - 15, 1805 — Read & Referred to the Committee 
on the State'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. Heirn, praying for the Privilege of keeping 
a Ferry across Lake Champlain, was rece d from the house with this order 
thereon, "In General Assembly Oct r - 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 Chaffee was received from the house with this 
order thereon, "In General Assembly Oct r - 15, 1805— Read & Referred 
to Mess 8 - 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 r - 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 — 
kw In General Assembly Oct 1 - 15, 1805 — Read and Referred to Mess 8 - 
Rich, D. Dyer and A. Perry, to join Committee from Council. Attest 
M. Post Clk" — which was read, and it was Resolved, That M r - 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 the Legislature, was received from the house with this new 
order thereon, "In General Assembly Oct r - 15, 1805 — Read and referred 
to Mess 8 - Graves, Whitney, Euos, Saxton, Buckingham, Perkins, W m 
Chamberlin, White. Crafts and H. French to join Committee from 
Council. Att. M. Post Clk" — which was read and it was Resolved, 
That Mess 8 - 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 r - 15, 1805— Read and Referred to 
Mess 8 - 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 r - 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 Vermont, referred from the last 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 Oct r - 15, 1805— Read and Referred to the Committee 
on the Petition of the Inhabitants 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 th ' 1805. 

Present, His Honor Paul Brigham I> Governor, of the Council The 
Honorable Jonas Galusha, Beriah Loomis, Noah Chittenden, James 
Witherell, Eliakim Spooner, Asaph Fletcher, Samuel Shepardson, Eb- 
enezer Wheelock, John White, Nathaniel Niles, Elias Keyes and Jo- 
siah Wright Esquires. William Page Ju r - Secretary. 

The Petition of 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 1 - 
Supreme Court of Judicature at the Term of said 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 Bills, 
was read, and after a full hearing on the Part of the Petitioner, by 
Counsel, and on the part of Dudley Chase Esq r - State's Attorney for 
said Orange County, it was Ordered and Adjudged, unanimously, that 
the Prayer of the said Petition be not granted. 

The Petition of Russell Underwood, stating that he was convicted 
before the hon 1 - 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 praying to be released from the payment of 
the same, was read and after a full hearing on the part of the Petitioner, 
by his Counsel, and on the part of Dudley Chase Esquire, State's Attor- 
ney of said Orange County, it was, unanimously, Ordered and Adjudged, 
That the Prayer of said Petition be not granted. 

Attest William Page Ju r - ISecv- 

A Petition from the Town of S f - Albans, praying for the Grant of a 
Turnpike Road, was received from the house with this order thereon, 
"In General Assembly Oct r - 15, 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 r - 15 th - 1805— Read and Referred to the first Land Tax Committee 
to join &c. 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 r - 15, 1805 — Read & 



68 Governor 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 Oct 1- - 15, 1805 — 
Read & Referred to Mess 8 - 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 r - Loomis join the aforesaid Com- 
mittee from the house. 

Adjourned to 9 O'clock tomorrow morning. 



Wednesday, October 16 th - 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 to 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 r - 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 Oct r - 16, 1805 — Read & Referred to 
Mess 8 - 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 r - Wright join the said Committee from 
the house. 

The Petition of Sylvanus Brigham, praying for an act of Insolvency, 
was sent from the house with this order thereon — "In General Assembly 
Oct r - 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 the house with this order on each— "In General Assembly 
Oct 1- - 16, 1805 — Read and Referred to Mess. Chipman, Painter and Pom- 
eroy to join &c. Att. M. Post Clk" — which Petitions and orders thereon 
being read, it was Resolved, That M r - 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 r - 16, 1805— Read & Referred to Mess 8 - 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 8 - Spooner & White 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 r - 16, 1805 — Read and Referred to the Committee of In sol- 



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 Assembly Oct r - 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 for a Bank was received from the house 
with this order on it — "In General Assembly Oct r - 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 r - against Josiah Rogers, were 
received from the house with this order on each — " In General Assem- 
bly Oct r - 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 r - 16, 1805— Read & Referred to the First 
Turnpike Committee to join &c. 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 r - 16, 1805— 
Read & Referred to Mess 8 - House, Sergeant & Grossman to join Com- 
mittee from Council. Att. M. Post Clk." — which Petition and order 
thereon being read, it was Resolved, That M r - 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 r - 16, 1805 — Bro*- in on leave 
by M r - [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 th - 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 r - 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 1 - 17, 1805— Resolved, 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 Electing 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 Persons 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 r - 17, 1805 — 
Read, adopted & Mess 8 - Chip man, Morris & W m Chamberlin appointed 
a Committee on the part of this house. Att. M. Post Clk." — which 
was read, concurred and M r Witherell appointed from Council to join 
the said Committee from the house. 

The following Resolution was received from the house— "In General 
Assembly Oct r - 16 th > 1805— on motion of M r 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 d 
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 r - 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 house with this order on each — "In General As- 
sembly Oct r - 17, 1805 — Read & Referred to the First Land Tax Com- 
mittee to join &c. Attest M. Post Clk." — in which reference of the 
hou^e the Council concurred. 

A Petition for a Land Tax on Newark & Easthaven was rec d - from 
the house with this order thereon — "In General Assembly Oct 1- - 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 Assembly Oct r - 17, 1805— Read and Referred to 
Mes 8 - [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 r Wright join 
the Committee from ihe house on s d Petition. 

A Petition from Sundry Inhabitants of Peru was received from the 
house with this order on it: u In General Assembly Oct r . 17, 1805 — Read 
aud referred to Mes 8 - Owen, Leach and Underhill to join Committee 
from Council. Att. M. Post Clk." — which was read and M r - 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 r - 17, 1805. Read and referred to the 
Committee on State Taxes to join &c. Att. M. Post Clk "—in which 
reference the Council concurred. 



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: u In General As- 
sembly Oct 1 - 17, 1805. Read & Referred to the Committee en the Peti- 
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 New Trial, and one from 
Ezekiel K. Bigelow against Jonathan Drewry, were received from the 
house with this order on each: "In General Assembly Oct r - 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: u In General Assembly Oct r - 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 th - 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. 1 

The following resolution was sent from the house: ''Resolved that a 
Committee of three be 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 1 "- 17, 1805. Read and Referred to Mess 8 - Chip- 
man, Chase and Leavenworth to join Committee from Council. Att. 
M. Post Clk "—which was read, and it was Resolved, That M r - With- 
erell join the Committee appoinled by the house on the aforesaid Reso- 
lution. 

A Petition from the Inhabitants of Wheelock, 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 1 - 17, 1805. Read and referred to the Committee 
on M r - 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' 
Ryegate 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 r - 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 r - 17, 1805. Read and Referred to the Committee 

1 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 Inhabitants of the Town of Barre was received 
from the house with this order thereon. "In General Assembly Oct r - 
17, 1805. Rend and Referred to the Committee on State Taxes to join 
&c. Att. M. Post Clk " — which was read and the reference of the house 
thereon concurred in. 

A Petition for a Land Tax on the Town of Waterford was received 
from the house with this order minuted on the same: "In General 
Assembly Oct r - 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: u In General Assembly Oct 1- - 17, 1805. 
Referred to Mess 8 - [Arad] Hunt, Pearl, Shaw, Bullock and Hurd to join 
Committee from Council. Att. M. Post Clk" — & it was Resolved, That 
M r - Wright join the Committee from the house on said Petition. 

M r - Witherell, the Committee on the Petition of Nathaniel P. Sawyer 
and others, for a Charter for Sterling, 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 Charter of Incorporation for the 
Township of Sterling, to the Proprietors whose names are in the list 
certified 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 19 th - 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 Oct r - 18 th - 1805. Read and Referred to the First 
Turnpike Committee to join &c. Att. M. Post Clk" — which was read, 
and the reference of the house thereon concurred in. 

The Petition of the Inhabitants of Montpelier, for a new County, was 
received from the house with this order thereon: "In General Assembly 
Oct r - 18 th ' 1805. Read and referred to Mess 8 - Wheatley, Leavenworth, 
Stanley and Cameron to join Committee from Council. Att. M. Post 
Clk"— which was read, and it was Resolved, That M r - Kiles join the 
Committee from the house on the said Petition. 

Four Petitions for a new County, one from the Inhabitants 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 Oct r - 18 th > 1805. Read and Referred to the Committee on the 
Petition of the Inhabitants of Montpelier to join &c. Att. M. Post 
Clk" — which were read and the reference thereon concurred in. 

A Petition from the Inhabitants of Deweysburgh was received from 
the house with this order thereon: "In General Assembly Oct. 18, 1805. 
Read and referred to Mess 8 - S. Bayley, Muzzy, and Holton to join Com- 
mittee from Council. Attest M. Post Clk" — which was read, and it was 
Resolved, That M r - 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 r - 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 
hous'e 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 making 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 1 - 
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 u 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 &c." was sent' to the Governor and Council for their revision 
&c. & being read, it was on motion Resolved, That it be referred to M r 
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 0\lock 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 Assembly Oct r - 19 th - 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: "In General Assem- 
bly Oct r - 19 th ' 1805. Read and Referred to the Committee on the Peti- 
tion of the Inhabitants of Woodstock to join &c. Att. M. Post Clk." — 
which was read and it was Resolved, That M r Eletcher 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 the house with this order thereon: "In General Assembly Oct 1- - 
19 tl ' 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. 

An act directing the Treasurer 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 r - 19, 1805: This Bill was 
brought in on Motion of M r Rich, Read and Referred to the Militia 
Committee to join &c. Att. M. Post Clk." — which was read and the 
order of the house thereon concurred in. 

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



74 Governor and Council — October 1805. 

with this new order thereon: "In General Assembly Oct r - 19 th - 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 r 19 th - 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 r - 17, 1805. Resolved, That our Senators in the Congress 
of the United States be instructed, and our 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 r - 4 th ' 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 r - Niles requested to inform the house of the reasons of 
Council in proposing such amendment. 1 

Adjourned to 9 O'clock Monday Morning. 



Monday, October 21 st - 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 Oct r - 19, 1805. 
Read and Referred to Mes s - E. Porter, Henry, E. Fitch, J. Rising and 
White to join Committee from Council. Attest Martin Post Clk"— 
which was read and it was Resolved, That M r - 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 r - 21, 1805. Resolved, that the 
house concur with the Governor and Council in their Amendment pro- 

1 For the resolutions of North Carolina, see Appendix 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 anu 1 Audi- 
tor of accounts against this State. In General Assembly Oct r - 21, 1805. 
Read and Passed. Att. M. Post Clk." — which was read and concurred. 

A remonstrance from one hundred and fifty 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 r - 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 thereon concurred in. 

The Petitions of Christopher Roberts, and of Martin Roberts Adminis- 
trator of John Roberts deceased, were received from the house with this 
order on each: "In General Assembly Oct r - 21, 1805. Read and referred 
to Mes 8 - Morris, Hunt and Chase to join Committee from Council. 
Attest Martin Post Clk" — which were severally read, and it was Re- 
solved, That M r 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 
of 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 r Keyes appointed to inform the house of the reasons of 
Council in proposing the said amendment. 

An Engrossed Bill, passed in tne House of Representatives, Entitled 
"An act enabling Charles Miller, a subject of his Brittannic 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 8 - 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 r 
Wheelock. 

The Committee on the Bill Entitled "An act directing the Auditor of 
Accounts in his duty as to 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 1805. 

" 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 r - 21 st ' 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 nd > 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 r - was de- 
clared duly elected. The Election of the Auditor of Accounts against the 
State on motion of M r - Morris, was postponed untill 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 1 - Jos. Cook resigned. x - 
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 r - 21, 1805. Report read, not accepted & recommitted to the former 
Committee, with the addition of Mes 8 - A. Robinson, Barlow & Sowles 
to join &c. Attest M. Post Clk." — in which recommitment the Coun- 
cil concurred with the addition of M r - 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 r - 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 

1 Col. Timothy F. Chipman was elected. 



Governor and Council — October 1805. 77 

Emmons Jun r - the sum therein mentioned,' 1 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 passing the said Bills into Laws. 

The Committee on the Bill Entitled "An act authorising the Clerk of 
Cnledonia County to make a Record respecting sales of land in Harris 
Gore, 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 denning the Powers of Justices of the Peace," was sent 
to the Governor and Council for their revision &c. read aud referred to 
Mes 8 - Loomis & Wright. 

The officer of the house delivered the following written message: "In 
General Assembly Oct r - 22, 1805. Resolved to concur with the Governor 
and Council in their proposed amendments to the Bill Entitled "An act 
laying a Tax 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 1- - 22, 
1805. Read and Referred to Mes 8 - Lyon, Cottle and King to join Com- 
mittee from Council. Attest M. Post Clk."— which was read and M r 
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 r - 22, 1805. Read and referred to Mess 8 - 
Chipman, Morris and Luce to join Committee from Council. Attest 
Martin Post Clk." — which was read, and M r - Galusha appointed to join 
the Committee from the house on the said Bill. 

Adjourned to 9 O'clock Tomorrow morning. 



Wednesday, October 23 rd - 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 existing 
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 Legislature. In General Assembly Oct r - 22, 1805, Read and 
adopted. Att. M. Post Clk" — which Resolution was read and con- 
curred. l 

1 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 Oet r - 23, 1805. Read and Referred to Mes s - Baker, S. Porter, 
Chase, Goodwillie and Stanley to join Committee from Council. At- 
test M. Post Clk " — which was read and Mes s - Galusha 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 Engrosstd 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 r - Galusha for amendments, who reported sundry amend- 
ments to be made to the said Bill, which were adopted, and it was on 
motion Resolved, To concur with the house in passing the said Bill into 
a law as amended, and M r - Galusha appointed to inform the house of the 
reasons of Council for proposing the same. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act annexing part of the Town of Peru to the Town of M> Holley" 
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 th - 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 1- - 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 r - to his Law," was sent to the Gov- 
ernor and Council for their revision &c. 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 r - Shepardson. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act laying 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 r - 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 r - Brigham appointed in his room to join the Com- 
mittee from the house on the s d Petitions. 

The Committee to whom was referred the Bill Entitled "An act 
granting a new Trial in a certain case therein mentioned," reported the 
following amendments, viz. After the word "Administrators" in the 
Fourth line of the Bill, insert these words, " and twelve days previous 
notice being given by the said Administrators to the said S*- Clair, by 
causing a true and attested copy of this Act to be delivered to the said 
S 4 - Clafr, 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 adopted, & ii was Resolved, To concur with the house in passing 
the said Bill into a Law with the said proposals of amendment, and M r 
Witherell appointed to inform the house of the reasons of the same. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act for the relief of Aaron Henry, Heman Henry, and Ebenezer 
Beach," was sent to the Governor and Council for their revision &c. 
which was read, amended, and it was Resolved, To concur with the 
house in passing the said Bill into a Law as amended, and M r - 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 th - 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. 

Adjourned 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 r - 25, 1805. Read and Committed to the second Turn- 
pike Committee to join &c. Att. M. Post Clk." — which was read, 
and the reference of the house thereon concurred in. 

The Petition for a Land Tax on Plymouth was again rec d - from the 
house with this new order on the same: "In General Assembly Oct r ; 
25 th ' 1805. Report Read and recommitted to the former joint Committee 
to examine facts &c. and make report. Attest Martin Post Clk." — 
in which recommitment 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 8 - Galusha & Keyes. 

Adjourned to 9 O'clock Tomorrow morning. 



80 Governor and Council — October 1805. 

Saturday, October 96 th - 1805, 9 O'clk A. M. 

The Council met pursuant to adjournment. 

The following written message was transmitted from the house: " In 
General Assembly Oct 1- - 25, 1805. Resolved to concur with the Gov- 
ernor and Council 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 r - 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, 1 st - That by the Constitution 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 nd - 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 take 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 1- - 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 8 - 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 Fairfax; An Act granting to Roger A. 
Heirn &c. the exclusive right of keeping a Ferry &c. &c. 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 r - 25 th ' 1805. Report read and recommitted to the former joint 



G-wernor and Council — October 1805. 81 

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

The Committee on the Bill u 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 r - Galusha was appointed to inform the house of the reasons of Council. 

Adjourned to 9 O'clock Monday morning. 



Monday October 28 th - 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 r 
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 r 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 r Galusha, and opposed by the L 4 - Governor and Mes 8 - 
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 r - Niles' motion to nonconcur in passing the Bill to incorporate a 
Bank being under consideration, Mes 8 - Witherell & Niles advocated its 
adoption, and on the question shall the motion prevail, the yeas and 
nays being required by M r - Witherell were as follows: Yeas, Mess. 
Galusha, Chittenden, Witherell, Spooner, Fletcher, Shepardson, Whee- 
lock, White, Niles, and Wright. Nays, L l - Governor Brigham, Mess 8 - 
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 
only useless, but hurtful to society. Credit is not less liable than money, 
to be misimproved, and while the misimprovement 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 the 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 Council are further of opinion, that sud- 
den changes, in the quantity of circulating medium, are not less fatal to 
general prosperity, than all such changes in the atmosphere to the com- 
fort and health of mankind. They 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 power, of producing such changes, in 
the circulation of the pecuniary medium of commerce. The Governor 
and Council are unwilling to augment this power, by any additions 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. 1 

The following Bills, passed 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," 2 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, passed in the house of Representatives, Entitled 
"An act directing the Treasurers therein mentioned to credit certain 
sums to the Town of Newbury." was sent to the Governor and Council 
for their revision &c. which was read, and on motion referred to M r - 
Shepardson. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act in addition to an act Entitled An act laying a Tax of three 
Cents per acre on the Town of Northfield passed Oct 1- - 29 th ' 1804," was 
sent to the Governor and Council for their revision &c. which was read 
and committed to M r - Witherell. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act in addition to an act laying a Tax of Two Cents, on each acre, 
public rights excepted, in the Town of Stratton," was sent to the Gov- 
ernor and Council for their revision &c. which was read and referred to 
M r 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 Inues Clark and Joseph Nightingale were 
possessed" — which were severally read, and it was Resolved, To concur 
with the house in passing them into Laws. 

Adjourned to 9 O'clock Tomorrow morning. 



Tuesday October 29 th - 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- 



1 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. 

a This act embraces the deed of the Indians 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- 
gennes to Rutland" &c. and "An act directing the Treasurer of the 
State to credit the Town of Guilford the 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 Engrossed Bill, passed in the house of Representatives, Entitled 
"An act in addition to an act Entitled An act incorporating certain per- 
sons therein named by the name of the Rutland and Stockbridge Turn- 
pike Company," was sent to the Governor and Council for their revision 
&c. which was read, sundry amendments made thereto, and then it was 
Resolved, To concur with the house in the passing the same into a Law, 
with the said proposals of Amendment, and M r - 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 for 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- 
ernor and Council for their revision &c. which was read and referred to 
M r - 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 r - Witherell appointed 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 sums 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 r - 29 th - 1805. This Bill was brought 
in on motion of leave by M r - 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 Oct r - 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- 
vision &c. " An act directing the payment of monies as therein men- 



84 Governor and Council — October 1805. 

tioned; 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 Ebenezer 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 r - 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 being 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 r - 28 th - 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 r> 29, 1805. Read and referred to 
the Third Land Tax 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 30 th - 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, 1 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 nd >" 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 1 - 29 th > 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" 
&c. ; 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 Stockbridge Turnpike Company." Extract, 
from the Journals, Att. Martin Post Clk." 

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

1 Benjamin Emmons jr. was elected. 



Governor and Council — October 1805. 85 

Martin Post 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 r - 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 r - 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 r - 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 "An 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 r - 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 Stratton," &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 r - 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 r - 30, 1805. This Bill 
was brought in on motion of leave by M r - 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 r - 17, 1805. 
Read and Referred to Mess. Hutchins, Kenneday [Kennedy,] Scott, 
Sowles & Taylor. Oct r - 25, report read and recommitted to the same 
Committee. Oct 1 "- 30, Ordered, that the Committee on this Petition join 
Committee from Council. Attest M. Post Clk " — which was read, anc\ 
Ordered, That M r Shepardson join the said Committee from the house. 

On Motion of M r - 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- 
pike Company, passed Oct 1- - 29 th - 1805, which Section gives to the Legis- 
lature the right, at the end of fifty-five years, to lessen the Toll on s d 
Turnpike, which Bill was accordingly introduced, read and Ordered, 
That it lie on the Table. 

The Committee on the Bill Entitled "An act regulating the packing 



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 st ' 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 
orders thereon: a In General Assembly Oct r - 15 th ' 1805: Read and re- 
ferred to Mes 8 Reed, Tubbs and J. Fitch. Oct*"- 29 th ' Report read and 
recommitted to former Committee to state facts and make report and 
Mess 8 Hurd and Henry added to the Committee. Oct r - 30 th - Ordered 
that the Committee on this Petition join a Committee from Council. 
Attest Martin Post Clk" — which was read and M r - Witherell appointed 
to join the aforesaid Committee from the house on said Petition. 

An Engrossed Bill, passed in the House of Representatives, Entitled 
u An act supplementary to an act Incorporating certain persons therein 
mentioned by the name of the Weathersiield Turnpike Company," was 
sent to the Governor and Council for their revision &c. which was read, 
and on motion Resolved, To concur with the house in passing the said 
Bill into a Law. 

Benjamin Swan Esquire appeared in the Council Chamber, produced 
his Bonds for the faithful execution of the Office of Treasurer of the 
State of Vermont for the year ensuing, which were approved by the 
Governor and Council, and the Oaths 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 for their revision &c. u 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 the said Bills into Laws. 

The Committee on the Bill 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 appears to the Governor and Council that the several acts already 
existing make ample provision on that subject, particularly the act 
reducing into one the several acts for laying out, making, repairing and 
clenring highways, and an act in addition to the said act, passed Nov r - 7, 
1800. And whatever the proposed 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 s - Witherell, Keyes & White. 

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- 
vision &c. "An act laying a Tax of Three Cents per acre on the town 
of Ryegate," 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 sent 
to the Governor and Council for their revision &c. which was read and 
on motion referred to M r - Loomis. 

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 r - Keyes had leave to withdraw the said Bill. 

An Engrossed Bill, passed in the house ©f 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 passing the said Bill into a 
Law, and for the same reasons which were assigned for the nonconcur- 
rence of the Governor and Council to the Bill to incorporate a Bank 
the 28 th 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 r - 29 th ' 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 1- - 31, called up, amended, and Committed to the Firsi 
Turnpike Committee to join &c. Att. M. Post Clk."— which order ol 
the house on the said Bill was concurred in. 

M r - Keyes on motion. brought in a Bill Entitled "An act exempting 
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 r Keyes asked and obtained leave of absence after tomorrow for the 
remainder of the Session. 

Adjourned to 9 O'clk Tomorrow morning. 



Friday November 1 st - 1805, 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 Three Cents per acre on the Town of Plym- 
outh," was sent to the Governor and Council for revision &c. which was 
read & 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 establishing a Corporation by the name of the Boston and 
Montreal Turnpike Company," was sent to the Governor and Council 
for their revision &c. and beino; read, it was Ordered, To lie on the 
Table. 

"An act laying a Tax of Three Cents per acre on the town of Gran by" 
was received from the house, with this order thereon: ki ln General A.- 



88 Governor 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 on 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 nd - 1805, 9 O'clock A. M. 
1 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 further 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 Committee 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 r - Keyes had formerly 
joined a Committee from the house, was laid on the Table of Council, 
and M r - 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 the 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. 



Governor and Council — November 1805. 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 r Shaw, read and Com- 
mitted to the Second Land Tax Committee to join &c. Attest Martin 
Post Clk. r — 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 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 following written message 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. 
Repon of the joint Committee as follows accepted— To the Hon 1 - Gen 1 - 
Assembly now sitting. The Committee to whom was referred the 
within Bill, repprt it as their opinion, that altho' the Bill seems to be 
totally inadequate to the object proposed, 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 e — and the Bill and report com- 
mitted to Mes 8 - White, Crafts, Chase, S. Porter and Bullock, to join 
Committee from Council to draught a new Bill. Attest M. Post Clk." 
— which Bill, report, and orders of the house thereon being read, it was 
Ordered, that M r Niles and the L* Governor join the said Committee 
from the house. 

On motion, Resolved, That Mes 8 - 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 th * 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 appropriation of the Lands 
in this State heretofore granted by the Government of Great Britain to the 
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 Lessees for long terms of years," which 
Bills were severally read, and it was Resolved, To concur with the 
house in passing each of them into Laws. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act to incorporate an Artillery Company by the name of the Bur- 



90 Governor and Council — November 1805. 

lington 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 8 - 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 8 - Galusha and Loomis. 

Adjourned to 2 O'clock P. M. 

2 O'clock P. M. — The following written message was transmitted 
from the house: u In General Assembly Nov. 4 th - 1805. Resolved, that 
this house do "concur with the Governor and Council in their amend- 
ments to the Bill Entitled u 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 Strat- 
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." 

The following Resolution was received from the house: "In General 
Assembly Nov. 4 th ' 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 purpose of 
adjourning the General Assembly without day. 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 
'•Au 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 r 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 8 - 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 r - Galusha appointed 
to acquaint the 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 order thereon: "In General Assembly Nov. 4 th » 1805. 



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 5 th » 1805, 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. u 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 
Panton to confirm and 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 8 - 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 r - Witherell appointed to acquaint the House with the 
reasons of Council in proposing 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 r - Wright 
appointed to acquaint the house with the reasons of Council in propos- 
ing the same. 

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 regu- 
lating the conveyance of real estates, and for the prevention of Frauds 
therein," was sent to the Governor and Council for 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 
object, tho' in a different form. Entitled "An act to authenticate the 
acknowledgment of Deeds in a certain case therein mentioned," was in- 
troduced, read and passed, and Ordered to be sent to the house for their 
concurrence, and M r - 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 Fifth 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 
Court 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 r - 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 r Chase with this 
order of that Body thereon: " In General Assembly Nov. 5, 1805. Read 
and Resolved to nonconcur with the Governor and Council in their amend- 
ments proposed to this Bill, and M r 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 nonconcured, 
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 th - 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 r 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 
vt 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 s - 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 r - Shepardson. 

Adjourned to 9 O'clock Tomorrow Morning. 



Wednesday, November 6 th « 1805, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

On motion of M r - 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 8 - Galusha and Loomis. 



Governor and Council — November 1805. 93 

An Engrossed Bill, passed in the house of Representatives, 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 [Grand Isle] to Cumberland-head," was sent to the 
Governor and Council for revision &c. read and Ordered, That it be 
referred to M r - White. 

The following Engrossed Bills, passed in the house of Representatives, 
were sent to the Governor and Council for their revision &c. "An act 
laying 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 sum therein 
mentioned; An' act granting to Daniel Calkins the sum therein men- 
tioned; An act in addition to an act Entitled An act laying a Tax of 
Three Cents per acre on the Town of Ripton" &c. and "An act consti- 
tuting and appointing a Company of Grenadeers," which were severally 
read, and it was 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 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 8 - Wright, Galusha and White. 

The following written messages were transmitted from the house: 
"In General Assembly Nov. 5 th - 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 Company by the name of the Burlington Volunteers," reported 
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 r - 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 General's 
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, aud which may hereafter be formed, shall be 
distinguished by the First, Second, or Third Brigade, as the case may be, 
of the Divisions to which they are attached. 

Isaac Tichenok Governor, State of Vt." 

"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 numbering the Brigades of 
Militia in this State as is suggested in his communication. 

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 being read, it was Ordered, That it be referred to M r 
Witherell. 

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 Bill into a Law. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act incorporating the Passumpsic Turnpike Company,"' and also 
u 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 8 - 
Niles and Loomis. 

The Committee on the Bill Entitled "an act incorporating certain 
Turnpike Companies in the Western 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 r - 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 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 r 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 th - 1805, 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, & 
Resolved, To concur with the house in passing the same into a Law as 
amended, and M r - 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 &c. "An 
act laying a Tax of Three Cents per acre oh 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 Rateable 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 



G-overnor and Council — November 1805. 95 

Printing," which were severally read, and it was Resolved, To concur 
with the house in passing each of them into Laws. 

The Committee on the Bill Entitled "An Act establishing a Corpora- 
tion by the name of the Woodstock and Rutland Turnpike Company,*' 
reported several 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 M r 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 
N"ov. th ' 1K05. This Bill was brought in by M r - French, read and re- 
ferred to the First Land Tax Committee to join &c. Att. M. Post Clk " 
— which 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 
&c. which was read, and on motion Ordered, That it be referred to M r 
Loomis. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An 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 r - 
Galusha. 

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 r - 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 r 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 r - 
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 
being 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 r Loomis appointed to inform the house of the reasons of Council in 
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. 



96 



Governor and Council — November 1805. 



His Hon. Paul Brigham L,t- Governor 

The Honbie Jonas Galusha , 

" Beriah Loomis , 

" Noah Chittenden . . . , 

" James Witherell 

" Eliakim Spooner 

" Asaph Fletcher , 

...."...... Samuel Shepardson , 

..;." Ebenezer Wheelock. . . 

. . . . " John White 

. . . . " Nathaniel Niles 

. . . . " Elias Keyes 

. . . . " Josiah Wright 

. . . . " Samuel Saff ord 

William Page Jun*' . Secretary , 

David Elkins Esqi - - Sheriff of Caledonia Cy- 







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An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act establishing a Corporation by the name of the Randolph Turn- 
pike Company," was sent to the Governor and Council for their revision 
&c. and being read, it was Ordered, That it be referred to Mess 8 - 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 passing said Bill into a Law, 
as amended, and M r 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 Engrossed Bill, passed in the house of Repre- 
sentatives, Entitled "An act to supply the defect of a certain record," 
was sent the Governor and Council for their revision &c. read and 
Ordered. That it be referred to Mes 8 - Galusha and Loomis. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act in addition &c. to the act regulating and governing the Mililia 
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 r - Witherell 
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 directing the Treasurer of this State to suspend Prosecution 
against Josiah Edson," 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 said Bill into a Law. 

The Committee on the Bill Entitled "An act explanatory of a Provision 
in sundry Turnpike Grants," reported 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 house of Representatives, Entitled 
"An act supplementary to the act establishing a Corporation by the 



G-overnor 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 &c. read, amended by erasing the word "forever" in the 
4 th line of the 4 th 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 th - 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 State in the room of 
Brigadier General Roswell Olcott 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 r - Niles appointed to inform the 
house of the reasons of Council in proposing the said Amendments. 1 

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 State shall be made" 
«fec; 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 State; 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 

1 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 by 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. Att. 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 being 
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 r - 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. 1 

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 amended, and M r 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 
Grammar-School at Guildhall " &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 r - 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 d - M r Fitch, the Chaplain, both Houses of the Legis- 
lature were adjourned without day, and David Elkins Esq r - Sheriff of 
Caledonia C^ by direction of his Excellency the Governor made public 
proclamation of the same. 

A true Journal, Attest William Page Jun r - Secy- 



THIRTIETH COUNCIL. 

OCTOBER 1806 TO OCTOBER 1807. 



Isaac Tichenor, Bennington, Governor. 
Paul Brigham, Norwich, Lieut. Governor. 

Councillors: 



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

William Page, Jr., Secretary. 
William Slade, Cornwall, Sheriff. 



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



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 Jeffersonians — 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 5065 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 Jeffersonian by a very large ma- 
jority, as indicated by the election of Stephen K. Bradley as United 
States Senator, he having received 120 votes against 60 for all other 
persons, as is stated in Spooner's Vermont Journal for Oct. 27 1806. 

The election sermon was by the Rev. Thomas A. Merrill. 



RECORD OF 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 r - Governor, 
His Honor Paul Brigham, Esq r - L* Governor, of the Council The Hon ble 
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 r - Secretary. William Slade Esq 1- - 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 r Galusha, M r - 
Spooner, M r Niles, M r - Fletcher,"M r - Loomis, M r - Witherell & M r - 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 r 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 r Galusha, Chairman of the above 
Committee — 

" The Committee, appointed to receive, sort and count the Votes for 
Governor, L*- Governor, Treasurer and Councillors for the year ensuing, 
report, That his Excellency Isaac Tichenor Esq r - is elected Governor, 
That his Honor Paul Brigham Esq r - is elected L 4 - Governor, That Ben- 
jamin Swan Esq r - is elected Treasurer; That Jonas Galusha, Noah 
Chittenden, Elias Keyes, Beriah Loomis, Nathaniel Niles, Ebenezer 
Wheelock, Samuel Shepardson, James Witherell, John White, Asaph 



102 Governor and Council — October 1806. 

Fletcher, Eliakim Spooner, and Josiah Wright Esquires are elected 
Councillors for the year ensuing. All which is respectfully submitted, 

Jonas Galusha for Com e - 

October 9 th - 1806." 
and the same being read, the Sheriff of Addison County, by the direction 
of the Secretary of the Governor and Council, made public 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 10 th ' 1806, 9 O'clock A. M. 

The Council met pursuant to adjournment — Present, His Honor Paul 
Brigham I> Governor. Of the Council The Honor le Jonas Galusha, 
Noah Chittenden, Beriah Loomis, Nathaniel Niles, Ebenezer Wheelock, 
Samuel Shepardson, John White, Asaph Fletcher, Eliakim Spooner, & 
Josiah Wright Esq rs - William Page Ju r - Secretary, William Slade Esq r - 
Sheriff. 

The L<- Governor and the Councillors present proceeded to the Rep- 
resentatives' Room, and after an appropriate prayer by the Rev d M r - 
Merrill, the oaths, required by the Laws and Constitution, were adminis- 
istered to the I> Governor and the above mentioned Councillors by the 
Chief Justice. The J> Governor and Council returned to their Cham- 
ber and adjourned untill 2 O'clock P. M. 

2 O'clock P. M. — M r 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 Secretary acquaint the house 
that the Governor will make his communications to both brandies of the 
Legislature at the opening of the house tomorrow morning, in the Rep- 
resentatives' room. 

Adjourned untill 9 O'clock Tomorrow morning. 



Middlebury, Saturday, October ll th > 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- 
tion, the Governor delivered the following speech. ] 

The Governor and Council then returned to their chamber and com- 
menced the consideration of business. 

The Hon ble James Witherell Esq 1- - 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 r - 10, 1806. Resolved, that a Committee be appointed, 
consisting of five members of this house, to join such Committee as the 
Governor and Council may appoint, to be denominated u The Turnpike 
Committee " — Members chosen, Mess 8 - [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- 

i See Appendix A. 



Governor and Council — October 1806. 103 

sion "—Members chosen Mess rs - [Dudley] Chase, [Samuel] Shaw, P. 
Smith, Rich and Hinman,— also Resolved, That a Committee of three 
be appointed from this house, to join a Committee from the Council, to 
be denominated "The First Land Tax Committee" — Members chosen. 
Mess 8 - Tyrus Hurd, Henry & Richard Hurd. Extract from the Journals, 
Attest Martin Post Clerk" — and the same being read, Resolved, That 
M r Niles join the Committee appointed by the house denominated the 
"Turnpike Committee," That M r - Galusha join the Committee appointed 
by the house denominated "The Committee of Insolvency & Suspen- 
sion," and that M r - Shepardson join the Committee appointed by the 
house denominated "The First Land Tax Committee." 

The following resolution was received from the house: "Resolved, 
That a Committee 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 
General Assembly Oct r - 10. 1806. Introduced by M r - [Henry] Olin, 
Read and passed, & Mes 8 - 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 r - 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 Belvidere, one from the Inhabitants of 
Westfield and Eden praying for a Land Tax on Kellyvale [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 
Montpelier for 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 house with this order thereon: "In General Assembly 
Oct r - 10, 1806. 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 
Road 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 Oct r - 
10, 1806. 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 me [them,] adjourned untill 9 O'clock Mon- 
day morning. 



104 Governor and Council— October 1806. 

Monday, October 13 th < 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 appointment of such officers. Extract from the 
Journals of General Assembly Oct r - 11 th - 1806. Att. M. Post Clerk "— 
which was read and Resolved, to concur therein. Also this Resolution: 
" In General Assembly Oct 1- - 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 Oct r - 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- 
nominated the 2 nd Turnpike Committee. Members chosen, Mess 8 - 
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 8 - E. Fitch, Hammond & Hale. 
Extract from the Journals. Att. M. Post Clk " — which being read, it 
was Resolved, That M r - White join the Committee appointed by the 
house denominated the t; Second Turnpike Committee," and That M r 
Wright join the Committee appointed by the house denominated " the 
Second Land Tax Committee." 

Petilions for Land Taxes on the Towns of Townsend, Windham, 
Sheffield, Ludlow, Umlerhill, & Ferrisburgh were received from the 
house with this order on each: " In General Assembly Oct. 11, 1806. 
Read & Referred to the 2 nd 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 leave to make a Turnpike Road 
thro' the County of Orleans to Montpelier, one 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 r - ll th > 1806. 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 th Section of an act &c. (respecting Mortgages;") and A bill En- 
titled u An act to repeal a certain act therein mentioned, except the 3 d 
& 4 th Sections thereof," were received from the house with this order on 
each: " In .General Assembly Oct. 11, 1806. Called up and referred to 
Mess 8 - K. Chipman, Whitney & A. Lyon, to join a Committee from the 
Council. Att. M. Post Clerk" — which were severally read, and Or- 
dered, That M r - 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 



Governor and Council — October 1806. 105 

for an act of insolvency 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 d from the house 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 r - 11, 1806. Read & Ref d - to Mes 8 - 
Dewey, R. Lyon, Butts, D. Smith & Pond, to join &c. Att. M. Post 
Clk." — which was read and Ordered, That M r -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 d from the house with this order thereon: 
" In General Assembly Oct r - 11, 1806. Read and referred to Mess 8 - 
Wheatley, Emerson, C. Smith, Fox and Williams, to join a Committee 
from Council. Att. M. Post Clk. "—which was read, and Ordered, 
That M r 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 r - 11, 1806. Called up and referred to Mess 8 - D. Dana, Bullock and 
Noble, to join a Committee from Council. Att. M. Post Clk," — which 
was read, and Ordered, That M r - 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: u In General Assembly 
Oct r - 11, 1806. Called up and referred to Mess 8 - R. Hurd. Aiken, Spen- 
cer, T. Hutchinson, Rich, Chase, W m - C. Harrington, Ab m - Smith, Wil- 
kins, Boardman, D. Dana & Sowles to join a Com tee from Council. Att. 
M. Post Clk." — and it was Ordered, That M r - 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 r - 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 Oct r - 11, 1806. Read and referred to 
Mess 8 - 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 r - 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 r - 11, 
1806. Read and referred to Mess 8 - A. Lyon, Hendee, and Sprout to join 
&c. Attest M. Post Clk." — which was read, and Ordered, That M r - 
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 r - 11. 1806. Read and referred to Mess 8 - 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 r Loomis and M r - Wright join the above Com- 
mittee. 

The Governor communicated to the Council the following letter from 
Moses Robinson Esq r - President of the Council of Censors — 

"In Council of Censors, Middlebury Oct r - 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 Col - 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 Excev Isaac Tichenor Esq 1 '- " 
and the same being read, Resolved, Gov. Brigham and M r - 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 Oct 1 - 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 8 - 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 8 - D. Chipman, Jackson, Fay, Holabird & Bot- 
tum. Extract from the Journals, Att. M. Post Clk "—and the same 
being read, Resolved, That M r - Wheelock join the Committee from the 
house denominated " the Third Land Tax" Committee," also Resolved, 
That M r - 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 Tax on s d 
Town, were received from the house with this order on each: " In Gen- 
eral Assembly Oct r - 13, 1806. Referred to the Second Land Tax Com- 
mittee to join &c. Att. M. Post Clk " — in which reference the Gover- 
nor & 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 Assembly Oct 1- - 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 1 "- 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 s » 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 1 - 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 d - from the house 
with this order on each : *• In General Assembly Oct r - 13, 1806. Bead 
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 14 th ' 1806, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The following resolution was received from the house — " In General 
Assembly Oct r - 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 8 - 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 r - Niles, and M r - 
Galusha be a Com e > 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 Middleburj', were received from 
the house with this order on each: " In General Assembly Oct r - 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 m - Barton was received from the house with this 
order thereon: u In General Assembly Oct r - 13, 1806. Read and referred 
to Mess 8 - Chase, Wetherbee, Rich, Hendee & Hutchins to join a Com- 
mittee from Council. Att. M. Post Clk" — which was read and Ordered, 
That M r - 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 r - 13, 1806. Called up and referred to the first 
Turnpike Committee to join. Att. M. Post Clerk" — inf which reference 
Governor and Council concurred. 

The report of the Committee of the General Assembly on the Charter 
of Deweysburgh, referred from the last session of the Legislature, was 
rec d from the house with this order thereon: "In General Assembly 
Oct r - 13, 1806. Read and referred to Mess 8 - Morris, Chase, & Bradley to 
join a Committee from Council. Att. M. Post Clerk" — which was read 
and Ordered, That M r - 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 8 - Whitney, Buck & W m - C. Harrington to join a Com- 
mittee from Council. Att. M. Post Clk" - and being read, it was Or- 
dered, That M r - Shepardson join the above Committee. 

Petitions from the Inhabitants of Wardsboro' North-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 1- - 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 Communication from the Surveyor General, respecting the papers, 
belonging to his office, 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 r - 13, 1806. Kead and referred to Mess 8 - Byrd, Luce and 
Spencer, to join Committee from Council. Att. M. Post Clk." — which 
was read, and Ordered, That M r - 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 1 - 13, 1806. Eeferred to the first Land Tax Committee to 
join &c. Att. M. Post Clk." — in which reference the Governor & 
Council concurred. 

Petitions for Land Taxes on Holland and Morgan were received from 
the house with this order on each: "In General Assembly Oct 3 "- 13, 1806. 
Eeferred 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. 1 

The Honb le Royall Tyler Esq r - 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 r - 14 th ' 1806, this 
resolution was brought in on motion of leave by M r - Shaw, read and 
adopted, and Mess 8 - Shaw, C. Smith, Scott, G. Palmer & Abr m - Smith 
were appointed a Committee from the house. Att. M. Post Clk." — and 
the same being read, Ordered, That M r - Fletcher join the above Com- 
mittee from the nouse. 

An act granting a Tax of one half cent per acre on all the Lands in 
the Township of Alburgh, as granted by charter, was received from the 
house with this order thereon: " In General Assembly Oct 1 "- 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 r - 14, 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 for the establishment of a Bank at Montpelier was received 
from the house with this order thereon: "In General Assembly Oct r - 
14 th ' 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 

1 Jonathan Robinson, Royall Tyler, and Theophilus Harrington were 
elected. 



Governor and Council — October 1806. 109 

thereon : "In General Assembly Oct r - 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 Eliakim Spooner, praying for compensation for lands 
purchased of the Commissioners of Confiscation, was received from the 
house with this order thereon: "In General Assembly Oct r - 14 th > 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 Sheriff" &c. was sent up for revision and concurrence or pro- 
posals of amendment, and being read, Ordered, That it be referred to 
M r Wheelock. 

Adjourned untill 9 O'clock To morrow morning. 



Middle rury, Wednesday, October 15 th - 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 r - 14, 18U6. 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 r - 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 1 - Brown for a 
remission of the whole Tax on Plymouth granted in 1793, one from 
Abraham Morrill Ju r - 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 the year 
1805, were received from the house with this order on each: "In Gen- 
eral Assembly Oct r - 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 Oct r - 14, 1806. 
Read and referred to Mess 8 - N. Chipman, Olin & J. Harrington to join 
a Committee from Council. Att. M. Post Clk" — which was read, and 
Ordered, That M r - Shepardson join the above Committee from the 
house. 

A Petition from the Inhabitants of Orwell, praying to be annexed to 
the County of Addison, was received from the house with this order 
thereon—" In General Assembly Oct r - 14, 1806. Read and Referred to 
Mes 8 - Buck, T. Hutchinson and R. Hurd, to join a Committee from 
Council. Att. M. Post Clk."— and the same being read, Ordered, That 
M r - 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 r - 14, 1806. Read and Referred to Mess 8 - G. Segar, 
Myrick & D. Brown to join a Committee from Council. Att. M. Post 
Clk." — which were severally read, & Ordered, That M r - Spooner join 
the above Committee from the house. 

Petitions for Land Taxes on the Towns of Danville and Sherburne, 
and a remonstrance from Chris 1- - 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 Oct r - 14, 1806. Referred to 
• the Fourth Land Tax Committee to join &c. The Committee are Mess 8 - 
B. Phelps, Dan 1 - Brown and Perkins. Att. M. Post Clk."— which were 
severally read, & it was Ordered, That M r - 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 d from the house with this order thereon: " In 
General Assembly Oct r - 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 1 "- 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 r - 15 th - 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 r - 15, 1806. 
Read and referred to the Committee of Claims to join &c. Att. M. Post 
Clk." — and being read, it was Resolved, 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 r - Morris, a Member, with this order of the house thereon: "In 
General Assembly Oct r - 13, 1806. Read & Resolved that Mes 8 - Morris, 
T. Hutchinson, Chase, W m - 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 r - 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, — 

M Middlebury 15 Oct r - 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 



G-overnor and Council — October 1806. Ill 

take such order thereon as to them 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 taken, to fill the vacancy communicated. 

Paul Brigham for Committee." 
On which resolution the house passed the following order: " In General 
Assembly Oct r - 15, 1806. Read, accepted and ordered to be sent to the 
Governor and Council for their concurrence and M r - 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 r - 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 Perry, was received from the 
house with this order thereon: "In General Assembly Oct r - 15 th > 1806. 
Read & Referred to the Second Turnpike Committee to join &c. Att. 
M. Post Clerk " — in which reference the Governor and Council con- 
curred. 

M r - Wheelock, to whom was referred the bill Entitled "An act in addi- 
tion to an act Entitled an act regulating the duty of Sheriffs" &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 d 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 d Court and the costs of prosecution, was read. On motion of 
M r Loomis, M r 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 th ' 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. read, and Ordered, That it 
be referred to M r - 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 r - 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 grant 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 r - 
15 th - 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 r - 15, 1806— Read and referred to 
Mess 8 - Spencer, D. Dana & Knoulton, to join a Committee from Coun- 
cil. Att. M. Post Clk "—which was read and Ordered, That M r - 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 acts therein mentioned, passed Nov. 7, 1805," was re- 
ceived from the house with this order thereon: "In General Assembly 
Oct r - 15, 1806. This bill was bro*- in on motion of leave by M r - T. Hutch- 
inson, read & Referred to Mess 8 - T. Hutchinson, Buck & Rich to join a 
Committee from Council. Att. M. Post Clk "—which was read, and 
Ordered, That M r - 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 Oct r - 15, 1806. Read and refer- 
red to Mes s - 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 r - Loomis join the above Committee from the 
house. 

The Petition of Jos. & William Hutchins against Jacob Davis Ju r - for 
relief in a certain cause therein mentioned, was received from the house 
with this order thereon: " In General Assembly Oct r - 15, 1806. Read and 
referred to Mes 8 - Morris, Duncan and D. Dana to join a Committee from 
Council. Att, M. Post Clk "—and the same being read, Ordered, That 
M r - 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 1 "- 15. 1806. 
Called up and referred to Mes 8 - T. Hutchinson, Spencer, Hendee, Hunt, 
and Chase to join a Committee from Council. Att. M. Post Clk " — 
whereupon, Ordered, That M r - Niles & M r - 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 1 *- 15, 1806. Read & Referred to 
Mes 8 - 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 r 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 Octf- 15, 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 3 "- 15, 1806. This bill was bro*- in [on] 
motion of leave by M r Olin, Read and referred to Mes s - Olin, R. Hurd 
& Denison, to join a Committee from Council. Att. M. Post Clk " — 
and the same being read, Ordered, That M r 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" &c. bro*- into the house on motion of leave by M r - 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 1 *- 15, 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 r - 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 
Memphremagog, was received from the house with this order thereon: 
"In General Assembly Oct 1 *- 15 th ' 1806. Read and referred to Mess 8 - 
Leavenworth, Morrill & Kennan, to join a Committee from Council. 
Att. M. Post Clk" — and the same being read, Ordered, That M r - 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 1 *- 
16, 1806, read & referred to Mes 8 - 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 1 *- 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 1 *. the sum therein mentioned," 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. 

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: u In General 
Assembly Oct r - 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 for 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 d - from the 
house with this order on each — u In General Assembly Oct r - 16 th> 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 d - from the 
house with this new order thereon: "In General Assembly Oct 1- - 16 th ' 
1806, report read and recommitted to former joint Committee. Att. M. 
Post Clk" — in which recommitment the Governor & Council concurred. 

In Council at Middlebury Oct r - 16, 1806. 

Present, His Honor Paul Brigham L 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 r - Secretary— William Slade Esq r - Sheriff. The Council took under 
consideration the Petition of Samuel Spring, stating that he was con- 
victed, before the Hon ble 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 fine 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 
by M r - Witherell were as follows — Yeas, Mess 8 - Chittenden, Loumis, 
Witherell, White, Fletcher, Spooner and Wright. Nays, Mess 8 - 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 Sheriff 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 Council 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 
central 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 1- - 
16, 1806. Read and referred to Mes 8 - 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 r Spooner join the above Committee from the 
house. 

A Petition from Tim - F. Chipman and Henry Hall, praying the Leg- 
islature to pay them for a Field piece purchased for the third Regiment 
in the First Brigade and Third Division of our Militia, was rece d 
from the house with this order thereon: "In General Assembly Oct 1 - 
16 th ' 1806. Read and referred to Mess 8 - Hendee, Leffingwell and Fox to 
join a Committee from Council. Att. M. Post Cik." — 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. 1 

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 Oct 1- - 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 8 - 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 r White & M r - 
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 Oct r - 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 Wil lard's Tavern in Barre, was received from the 
house with this order thereon — " In General Assembly Oct r - 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 
house in their said reference. 

A Petition for removing the County Buildings in the County of Chit- 
tenden was received from the house with this order thereon: " In Gen- 
eral Assembly Oct 1- - 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 " — and being read, Resolved, To concur with 
the house in their reference of the same. 

The Petition of James Boyl 2 for a new trial on a criminal prosecu- 
tion against him, was received from the house with this order thereon: 
" In General Assembly Oct r - 17, 1806. Read & referred to the joint 

x Alexander Hutchinson was elected. 
* Bayle in the Assembly Journal. 



116 Governor and Council — October 1806. 

Committee 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, praying 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 from the house with this 
order thereon — " In General Assembly Oct 1 "- 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: u In General 
Assembly Oct r - 17, 1806. Read & referred to the Committee on the Pe- 
tition of the Grand Lodge to join &c. Att. M. Post Clk " — and the 
same being read, Resolved, To concur with the house in their said Ref- 
erence. 

On Motion, M r 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 8 - 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 r - 17, 
j 806. Referred to the Fourth Joint Land Tax Committee. Att. M. 
Post Clk " — in which reference the Governor and Council concurred. 

A Petition for a Land Tax on the Town of Hopkinville [Hopkins- 
ville, now Kirby,] was received from the house with this order thereon: 
" In General Assembly Oct r - 17, 1806, 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 Stockbridge for the year 1805, 
and one from Seth Crow, 1 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 State 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 Earm, was received from the house with this order 
thereon: "In General Assembly Oct r - 17, 1806. Read and referred to 
Mess. Sam 1 Collins, Wilmarth, and Henry to join a Committee from 
Council. Att. M. Post Clk"— and the same being read, Ordered, That 
M r - Shepardson join the above Committee from the house. 

Petitions from the Selectmen of Windham and Londonderry, respect- 
ing the public lands in said Towns, were received from the house with 
this or a similar order on each: u In General Assembly Oct'- 17, 1806. 
Read and Referred to Mess 8 - Duncan, T. Hutchinson and P. Smith, to 
join a Committee from Council. Att. M. Post Clk" — which was read and 
Ordered, That M r - Spooner join the above Committee from the house. 

Adjourned untill 9 O'clock To morrow morning. 

1 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 d 
"An act constituting a Company of Artillery in the Town of Bakersfield," 
was sent up for revision & read, and it was Resolved, To concur with 
the house in passing said bill into a Law. 

The Hon 1 - Elias Keyes Esq r - 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 r - Shepardson obtained leave to introduce a bill Entitled 
u 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 r - 18, 1806. Read and referred to the joint Com- 
mittee of suspension &c. 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 order thereon: "In General Assembly Oct r - 18, 1806. Read 
and referred to the joint Committee on Banks. Att, M. Post Clk." and 
the same being read, Resolved, To concur with the house in their said 
reference. 

The following Resolution was received from the house — "In General 
Assembly Oct r - 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 the 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 th - 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: "Id Gen- 
eral Assembly Oct r - 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 Company 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 being severally read, Ordered, 
That they be referred to M r - Galusha and M r - 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 Oct 1- 
16 th - 1806. This bill was bro*- in on motion of M r - Buck, read and or- 
dered to lie on the table. Oct r - 18, Referred to Mess 8 - Hendee, Henry & 
Whitney to join a Committee from Council. Att. M. Post Clk" — and 
the same being read, Ordered, That M r 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 1- - 18 th - 1806. Read and referred to 
Mess 8 - 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 r - 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 Oct r - 20, 1806. This 
bill was brot. in on motion of leave by M r - 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 r - 20, 
1806. Report read and ordered that the Petition be recommitted to the 
former Joint Committee. Att. M. Post Clk 1 ' — In which recommittment 
the Governor and Council concurred. 

The following resolution was received from the house: "In General 
Assembly Oct r - 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 lor 
some suitable person as a Senator to represent this State hi 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 Oct r - 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 an}', are necessary in said acts. Read and Adopted, and Mess 8 - 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 r - 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 r 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 hi 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 
Law, as amended, and M r - 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 8t - 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 r - 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 d - 

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 ble Stephen R. Bradley 
Esq r - had a Majority of all the votes and was declared duly elected on 
the part of the Council. 

M r - W* C. 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 r -21, 1806. — Pursuant to the concurrent res- 
olution of both houses of the 20 th lust, the General Assembly proceeded 
to ballot for a person to represent this State in the Senate of 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 1 - Stephen 
R. Bradley Esquire was duly elected on the part of the house. Extract 
from the journals of Assembly, Att. M. Post Clk. v And it appearing 
that the Hon 1 - Stephen R. Bradley Esq 1- - 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 Billymead 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 ought 
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 r - 21, 1806. This bill was bro*- in on 
motion of leave by M r - Moffit, read and referred to Mess s - Potter, West- 
gate, and E. Fitch to join a Committee from Council. Att. M. Post 
Clk." — and being read, Ordered, That M r - 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 the East Parish in 
Westminster in the County of Windha*m," was sent up for revision &c. 
read and Ordered, That it be referred to M r - Witherell for amendment 

An Engrossed bill, passed in the house of Representatives, Entitled 
"An act directing the Treasurer to pay D r -, Samuel Williams the sum 
therein mentioned," was sent up for revision &c. & being read, was 
amended by inserting after 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 r 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 r - 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 nd - 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 compleating 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. 



Governor and Council — October 1806. 121 

2 O'clock P. M. — Benjamin Swan Esquire, elected Treasurer of the 
State 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 Tiffany and Stephen Judd certain rights 
&c. in Otter Creek, was received from the house with this order thereon: 
u In General Assembly Oct r - 22 nd > 1806. Read the first time and refer- 
red to Mess 8 - Brigham, Newell & Fox to join a Committee from Coun- 
cil. Att. M. Post Clk " — and the same being read, Ordered, That M r 
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 r - 23 [13,] 1806. Read and referred to Mess 8 - Clap, Brigham and 
Littlefiekl. Oct r - 22 d - The Committee ordered to join a Committee from 
Council. Att. M. Post Clerk" — and the same being read, Ordered, 
That M r - 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: "Id General Assembly Oct 1- - 22 d - 
1806. Read and referred to Mess 8 - Edson, Sheldon, and Emerson to join 
a Committee from Council. Att, M. Post Clk "—and the same being 
read, Ordered, That M r - Chittenden join the above Committee. 

The following resolution was received from the house: "In General 
Assembly Oct r - 22, 1806. Resolved, That a Committee of five, to join a 
Committee from Council, be appointed to enquire into the validity of 
the Charter of the Township of Wheelock, and make report to this 
house. Read and adopted, and Mess 8 - Chase, D. Chipman, Moffit. A. 
Lyon and Potter were appointed a Committee from the house. Att. 
M. Post Clerk" — which was read and Ordered, That M r - Keyes and M r - 
Wheelock join the above Committee. 

An Engrossed Bill, passed in the house of Representatives, Entitled 
"An act appropriating a sum of money therein mentioned lor defraying 
the Expcnces 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 rd - 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 O'clk 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 up for revision &c. 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. 

Friday, 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 1 "- 17 th ' 1806. 
Report read and ordered to lie on the table and be made the order of the 
day on Tuesday next. Oct r - 24. Called up, report read, and with the 
Petition recommitted to the former joint Committee with the addition 
of Mess 8 - 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 said recom- 
mittment of the house thereon. 

The following resolution was received from the house— " In General 
Assembly Oct 1 "- 24 th ' 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 — a In General Assembly Oct r - 24 th - 1806. 
Ordered, That the Petition be recommitted to the former joint Commit- 
tee. Att. M. Post Clk " — in which recommitment the Governor & 
Council concurred. 

Adjourned untill 2 O'clock P. M. 

2 O'clock P. M. — An Engrpssed 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 r - Galusha 
and M r Loomis. 

M r 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 r - Brigham be appointed in his 
room. 

On motion of M r - Galusha, he was excused from sitting as one of the 
Committee appointed by the Council on the u act laying a Tax of one 
cent on each acre of land in the County of Caledonia," and M r Keyes 
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 motion, the bill was amended by in- 
serting in the 9 th 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 I he word " Four " in the fifth line be erased and 
the word "two" be inserted in its stead, the Yeas and Nays being re- 
quired by M r - Spooner were as follows — viz. — Yeas, Gov r - Brigham, 
Mess 8 - Galusha, Chittenden, Keyes, Loomis, Niles and Fletcher. Nays, 
Mess 8 - 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 r - 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 

Saturday, October 25 th ' 1806, 9 O'clock A. M. 

The Council met pursuant to. adjournment. 

On molion, Kesolved, 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 O'clock 
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: u In 
Council of Censors, Middlebury, Oct r - 21 st - 1806. Resolved, That this 
Council recommend to the Legislature now sitting to repeal the Second 
Section of an act Entitled ki 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 K9 th Section of the 
Constitution of this State. Extract from the Journals -Attest Isaac 
Clark Sec>- Pro Tern " — on which resolution the house had passed this 
order: " In General Assembly Oct r - 24, 1806. Read and referred to the 
joint Committee on the bill brought in by M r 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 Underhill," 
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 r 24 th ' 1806. Read and referred to the Committee on the fee 
Bill, to join &c. 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: kk In General Assembly Oct r - 25 th ' 1806. Read the second time 
and on motion recommitted to the First joint land Tax Committee. 
Att. M. Post Clk " — in which recommittment the Governor & Council 
concurred. 

The following resolution was. received from the house — kk In General 
Assembly Oct r - 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- 
ernkeepers, and to present bills of indictment when found to the County 
Courts. Members chosen on the part of the house, Mess 8 - Olin, Chase 
and T. Hutchinson. Extract from the Journals, Att. M. Post Clk " — 
and the same being read. Ordered, That M r - Galusha join the Committee 
from the house on the aforesaid resolution. 

The following resolution was received from the house — " In General 



124 • Governor and Council — October 1806. 

Assembly Oct r - 25, 1806. Resolved, that there be 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, Huh-Bailiff, their respective Deputies, and 
Constables," and report to this house such alterations and amendments, 
if any, as they may deem necessary and expedient, by bill or otherwise. 
Read, adopted and Mess 8 - W m - C. Harrington, Spencer and Dewey 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 Oct r - 25 th * 1806. Read and recommitted to former joint 
Committee. Att. M. Post Clk r — in which recommittment the Gov- 
ernor & Council concurred. 

Adjourned untill 9 O'clock on Monday Morning. 



Monday, October 27 th > 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 Assembly Oct r - 25 th - 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, That it be 
referred to M r Galusha. 

An Engrossed bill, passed in the house of Representatives, Entitled 
'•An act authorising the Proprietors of Waterford 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 r - 
Brigham. 

The bill Entitled "An act laying a Tax of three cents per acre on the 
town of Underhill," was again read, and it was Resolved, To concur 
with the house in passing said bill into a law. 

On motion, M r - Galusha obtained leave to introduce a bill Entitled 
"An act to amend an act Entitled an act establishing the form of Oaths, 
passed Oct r - 31 8t « 1797," which was read, passed and ordered to be en- 
grossed and sent to the house of Representatives for their concurrence. 

The following message was. received from the house: "In General 
Assembly Oct r - 25 th - 1806. 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 r - 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 the 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 &c. read, and Ordered, That it be referred to M r White 
and M r - 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 Oct r - 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- 
sembly Oct 1- - 27, 1806. This Petition recommitted to the former joint 
Committee with the addition of Mess 8 - Olin, J. Herrenton l 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 r White. 

An Engrossed bill, passed in the house of Representatives, Entitled 
"An act directing the Treasurer to pay to Jonathan Holton 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 1- - 27 th - 
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 millponds," was sent 
up for revision &c. read and Ordered, That it be referred to M r - With- 
erell. 

The bill Entitled "An act relating to State Printing," to which the 
Governor and Council had proposed certain amendments on the 25 th 
In*- was returned from the house with this new order thereon: "In 
General Assembly Oct r - 27, 1806. — Resolved, that the house do concur 

1 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 r T. 
Hutchinson return the bill to the Governor & Council with the reasons 
of the house. Att. M. Post Clk " — and M r 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 em- 
powering the Selectmen of Hubbarton and Sudbury in the County of 
Rutland to draw off 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 passing said bill into a law, as 
amended, and M r - 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 28 th * 1806, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The following resolution was received from the house — '* In General 
Assembly Oct r - 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 Enlitled 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 r - 27, 1806. This bill was reported by Committee, report ac- 
cepted and the bill recommitted to former joint Committee with the 
addition of Mess 8 - N. Chipman, [Wm. C] Bradley and Olin. Att. M. 
Post Clk" — in which recommitment 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 r - 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 recommitment 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 cora- 
pleating the elections of the County Officers, & electing an assistant 
Judge 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, 1 and having finished the same the joint Commit- 
tee was dissolved and the Governor and Council returned to their cham- 
ber and adjourned until! 2 O'clock P. M. 

2 O'clock P. M. — On motion of M r Witherell, Resolved, To recon- 
sider the vote concurring with che 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 u Moses," in the seventh 
line, and M r - 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 Panton to the Town of Weybridge," 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 r - 28 th - 1806. Resolved to concur with the Governor and 
Council in passing the bill Entitled u an act to amend an act Entitled 
an act establishing the forms of oaths, passed Oct 1- - 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 Towu 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 recoinmittment 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 tbe 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 Vergennes 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 r Loomis re- 
quested to inform the house of the reasons of Council. 

Adjourned untill 9 O'clock Tomorrow morning. 



Wednesday, October 29 th - 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 



1 The following named persons were elected: Isaac Clark assistant 
judge of Rutland County; Joseph Beeman jr. Surveyor General; Hor- 
ace Olds, Micah Barron, and William Cahoon, Brigadier Generals. 



128 Governor 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 considered. Resolved, To concur with 
the house in passing them, respectively, into laws. 

The following message was received from the house — " In General 
Assembly Oct r - 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. Att. 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 r - 
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 r - 28, 1806 — Read the second 
time and recommitted to the former joint Committee with the addition 
of Mess 8 - 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 r - 
Chittenden. 

An Engrossed bill, passed in the house of Representatives, Entitled 
" an act annexing a part of the town of Pittsfield 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 Jaw, with the said 
proposals of amendment, and M r - Galusha requested to inform 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 r - 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 of the City of Vergennes liberty to raise by 
Lottery the sum of two thousand five hundred dollars" &c. was returned 
from the house by M r - Rich, a member, with this order thereon—" In 
General Assembly Oct r - 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 r - Rich. Attest M. 
Post Clk "—and after assigning the reasons, M r - 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 



Governor and Council — October 1806. 129 

regulating their office and duty," was sent up for revision &c. read, and 
referred to Mess 8 - Withcrell & Galusha. 

The Committee, to whom was referred the bill Entitled M 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 r - Wright appointed to inform the house of the reasons, of 
Council in proposing the same. 

The Petition of Norman Webber was a third time received from the 
house with this new order thereon: " In General Assembly Oct 1- - 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 Entitled "An act directing the appoint- 
ment of Turnpike Inspectors, and regulating their office and duty," re- 
ported that it ought to pass, whereupon Resolved, To concur with the 
house in passing said bill into a Law. 

Adjourned untill 9 O'clock Tomorrow morning. 



Thursday, October 30 th - 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 on 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 Hurlbut 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 r - Witherell. 

The following message was received from the house: "In General 
Assembly Oct r - 29, 1806. Resolved to concur with the Governor and 
Council in their amendments to the following bills, viz. 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 pitch 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 practice of giving spirituous 
liquors on the day of election &c." was received from the house with 
this order thereon— "In General Assembly Oct r - 29 th ' 1806— Read the 1* 
time and referred to the joint Committee on the bill relating to the 
election of Governor, L 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 r - E. Robin- 
sou, a Member, with this order thereon — "In General Assembly Oct r - 
30, 1806. Resolved to nonconcur with the Governor and Council in 

9 



130 Governor and Council — October 1806. 

their proposed amendment to this bill, and that M r - 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 r 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 1 "- 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 Mechanick Association, with such 
privileges and immunities as are usual in such cases. Oct 1 "- 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 until! 2 O'clock P. M. 

2 O'clock P. M. — A bill Entitled u An act in addition to and expla- 
nation of an act Entitled An act regulating the Office and duty of 
Sheriff" &c. was received from the house with this order thereon — "In 
General Assembly Oct 1 "- 30, 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, Entitled u an act in 
addition 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 r - 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 em- 
powering the Selectmen 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 untill O'clock Tomorrow morning. 



Middlebury, Friday, October 31* 1806, 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 Oct r - 30, 1806 — report read and accepted, and the bill read and 
recommitted to the former joint Committee. Attest M. Post Clk." — 
in which recommittment the Governor and Council concurred. 

A bill Entitled 'An act directing the Treasurer to pay to Tim - F. 
Ch'pman and Henry Hall the sum therein mentioned," was received 
from the house with this order thereon — "In General Assembly Oct 1- - 
30 th ' 1806. This bill was bro*- in on motion of leave by M r - Rich— Read 
the 1 st time & Referred to Mess 8 - Buck, Shaw, Hendee, Rich and Whit- 
ney, to joiu a Committee from Council. Attest M. Post Clerk " — and 



Governor and Council — October 1806. 131 

the same being read, Ordered, That Gov r - Brigham join the above Com- 
mittee. 

The following resolution was received from the house — "In General 
Assembly Oct r - 30 th ' 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, there 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 1 a variety of pamphlets, rendering it ex- 
tremely 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 
form, 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 8 - 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 r Galusha join the Committee 
on the above resolution. 

The following resolution was received from the house: l 'In General 
Assembly Oct 1- 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 practices 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 abovementioned, and report to 
this house by bill or otherwise. Read, adopted, and Mess 8 - Hendee, 
Williams, E. Robinson, Hinman and House were appointed a Committee 
on the part of the house. Attest M. Post Clk."— and the same being 
rend, Ordered, That M r Shepardson join the above Committee from the 
house. 1 

The following bills, passed in the house of Representatives, were sent 
up for revision and concurrence or proposals of amendment — u 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 



1 This resulted in an act to prevent kidnapping, the penalty for which 
was that any offender should u 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- 
ing 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. 151. 



132 Governor and Council — November 1806. 

three cents per acre on the town of Hopkinville [Kirby,] An act direct- 
ing the Treasurer of this State to credit the Town of Wells the sum 
therein mentioned," and u An act assessing a Tax of one cent on the 
dollar on the list of the present year" [State tax,] and the same being 
severally read and considered, Resolved 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 — u In General Assembly Oct 1- - 31 st ' 1806 — Resolved to concur with 
the Governor and Council in their amendments proposed to the bill 
Entitled "An act empowering the Selectmen of Wells and Poultney to 
draw* 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 incorporating said 
Company, was received from the house with this order thereon — " In 
General Assembly Oct r - 31 st - 1806. Read and referred to the first Joint 
Turnpike Committee. Att. M. Post Clk " — and the same being read, 
Resolved to concur with the house in the said reference. 

Adjourned untill 9 O'clock Tomorrow morning. 



Saturday, November 1 st - 1806, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

On Motion, M r 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 appointing 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 five 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 th ' 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 u 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 thjis new order thereon: u In 
General Assembly Oct'- 31, 1806. Bill read the second time and refer- 
red to Mess 8 - Bradley, Potter, W m - C. Harrington, Spencer and Hendee, 
to join a Committee from the Council, for amendment. Att. M. Post 
Clerk" — and the same being read, Ordered, That M r - Galusha & M r - 
Wheelock join the above Committee. 

Adjourned to 2 O'clock 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, 
passed February 28 th - 1797," was received from the house with this order 
thereon: u In General Assembly Nov. 1, 1806— This bill was brought in 
on motion of leave by M r - Bailey, read and referred to Mess 8 - Bailey, 
Rich & G. Stone, to join a Committee from the Council. Attest M. 



Governor and Council — November 1806. 183 

Post Clerk 1 ' — and the same being read, Ordered, That M r Niles & M r 
Shepardson join the above Committee. 

An Engrossed bill, passed in the house of Representatives, Entitled 
"An act in addition to an act Entitled an act regulatiug Town meetings 
and the choice and duty of Town officers," was sent up for revision &c. 
read and referred to M r Galusha & M r - Witherell. 

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. Sheldon 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 r Witherell for amendment. 

Adjourned untill 9 O'clock Monday morning. 



Middlebury, Monday, November 3 rd ' 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 
said bill into a Law. 

An Engrossed bill, passed in the house 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 r Loomis. 

The bill Entitled u 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 r - 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 r - T. Hutchinson carry up the 
same and assign the reasons of the house. Attest M. Post Clerk" — and 
after assigning the reasons he withdrew — aud 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 r Loomis. 

M r - Keyes, on motion, obtained leave to introduca a bill Entitled "An 
act enabling the owners of toll bridges and Turnpike Roads to lessen 
the rate of toll on the same," which was read, and Ordered, To lie on 
the table. 

The following resolution was received from the house — " In General 
Assembly 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 8 - Hale, Knoulton, Holden, R. Lyon, Pond, W. 



134 Governor and Council — November 1806. 

Child, Barney, Edson, Green, J. L) r on, Wetherbee & Sowles. Extract 
from the Journals, Att. M. Post Clk " — and the same being read, Or- 
dered, That M r Shepardson join said Committee from the house. 

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 4 - in on motion of 
M r - Littlefield, Read and referred to Mess 8 - Edson, Ware & Emerson, to 
join a Committee from Council. Attest M. Post Clerk " — and the same 
being read, Ordered, That M r - 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 Assembty Nov. 3, 1806. This bill was bro*- 
in on motion of leave by M r - Chase, Read and referred to Mess 8 - 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 r - 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 at Norwich to Chelsea Court house," re- 
ported that said bill ou^ht to pass, and it being again read, Resolved, To 
concur with the house in 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 r - Witherell appointed to assign the 
reasons for the same to the house. 

A bill Entitled "An act relating to the duty 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 1 st 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 reported 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 th - 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 r - 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 u 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 th 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 r - Loomis appointed to assign to the house the rea- 
sons for the same. 

On motion of M r Witherell, M r 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 r - Shepardson appointed 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 r Niles. 

The following resolution was received from the house — u In General 
Assembly Nov. 3, 1806. Resolved, the Governor and Council concur- 
ring herein, that 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 
being read, it was Ordered, To lie on the table. 

A bill 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 th » 1806. This bill was 
bro*- in on motion of leave by M r 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 meet 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 appointments of County officers. Attest 
M. Post Clerk'" — and the same being read. Resolved, To 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 Nov. 4, 1806 — This bill was 
brought in on motion of leave by M r P. Child, and referred to the joint 
Committee on the bill for the relief of Timothy F. Chipman and Henry 
Hall. Attest M. Post Clerk' 1 — 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, reported the same with amendments, and the same 
being read, Resolved, That the same do pass, 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 therein 
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 
per acre on the town of Westmore," and " An acj; altering the name of 
John 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 r - Witherell to enquire whether the Waltham 
Turnpike Company assent to the provisions of this act. And the said 
Committee having made the enquiry directed, reported that it was the 
unanimous wish of s d 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 5 th - 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, the fifteenth 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 with the 
house in passing the said bill into a law. 

Two bills, passed in the house of Representatives, both Entitled "An 
act in addition to and in explanation of an act Entitled an act regu- 
lating the office and duty of Sheriff, High Bailiff", their respective 



Governor and Council — November 1806. 137 

deputies, and- Constables," were sent up for revision &c. and the same 
being read, Ordered, That Ihey be referred to M r Galusha. 

The bill. Entitled "an act granting to Daniel Hurlhut the exclusive 
right of building a toll bridge across Connecticut river," which the Gov- 
ernor and Council yesterday sent to the house with proposals of amend- 
ment, was returned by M r Spencer, a Member, with this order thereon 
— " In General Assembly Nov. 5, 1806. Resolved, lo concur with the 
Governor and Council in their proposed amendments to this bill, except 
the amendments to the 3 rd Section, and the additional Section, with 
which the house do nonconcur, and that M r Spencer be a Committee to 
carry up the bill and assign the reasons of the house for their noncon- 
currence. Attest M. Post Clk." — and M r - 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 r - Loomis for further 
amendments. 

The Committee, to whom was referred the bill Entitled "An act as- 
sessing a tax of one cent on each acre of land in the County of Caledonia, 
for the purpose of defraying the expence of building and compleating a 
new 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 r Niles, were as follows, viz. Yeas, Gov. Brigham, Mess 8 - Loomis, 
Wheelock, Witherell, White, Fletcher, Spooner and Wright, Nays, 
Mess 8 - Galusha, Keyes, Niles and Shepardson. Yeas 8, Nays 4, so the 
bill passed as amended, and M r - Loomis was appointed to "inform the 
house of the reasons of Council in proposing 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 k * 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 Stockbridge Turnpike Company," was sent up for revision 
&c. and being read, Ordered, That it be referred to M r - Niles and M r 
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," reported sundry amendments to be made to 
the same, which report was accepted & Resolved, To concur with the 
house in passing the same into a Law, with said proposals of amend- 
ment, and M r - 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," reported 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 r - Galusha appoiuted 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 Company of Artillery therein mentioned," 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 r - Rising. Nov. 5, Read 
and referred to the joint Committee on the bill making 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 Pan ton; 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 assessing 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 to 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 S.udbury," was 
sent up for revision &c. and being read, Resolyed, To nonconcur with 
the house in passing said bill into a law, & 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 affected by it, it has not 
been the practice of the Legislature to annex any part of one Town to 
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 Tomorrow morning. 



Thursday, November 6, 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 
relating to the duty of the Engrossing Clerk; An act laying a tax of 
four cents per acre on the town of Brownington;" and "An act appoint- 
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, respectively, into Laws. 

A bill, passed in the house of Representatives, Entitled, "An act in 
amendment of the acts now in force for regulating and governing the 
Militia," was sent up for revision &c. read, and Ordered, That "it be 
referred to Gov. Brigham and M r 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 res.d, it was Ordered, to lie on the table. 

The following message was received from the house — "In General 
Assembly Nov. 5, 1806 — Resolved 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 explanation of an act Entitled an act regulating 
the office and duty of Sheriff, High Bailiff, their respective deputies, and 
Constables," reported sundry amendments to be made to said bills, 
which report was accepted, and on motion Ordered, That said bills be re- 
committed to the same Committee with the addition of M r - Niles. 

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 Centre Turnpike Company," was sent up 
for revision &c. read, and Ordered, That it be referred to M r Keyes. 

The Committee, 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 r 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 lay 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 r - White. 

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 r Withcrell 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 Fairfax," and the said bills being severally read and considered. Re- 
solved, To concur with the house in passing them, respectively, into 
laws. 

The bill Entitled "An act to authorize the Proprietors and Landown- 
ers of Norwich to establish the division of their lands," to which the 
Governor and Council had on the 5 th Int. made certain proposals of 
amendment, was returned from the house by M r - Buck, a member, with 
this order thereon — " In General Assembly Nov. 6, 1806. Resolved to 
nonconcur with the Governor and Council in their proposed % amendment 
to this bill, and that M r - Buck be a Committee to carry up this bill and 
assign the reasons of the house for their nonconcurrence. Att. M. Post 
Clerk" — and M r - Buck, after assigning the reasons, withdrew; and the 
said bill being again read, on motion Resolved, To rescind from the said 
amendments nqneoncurred by the house, 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 r - 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 Governor 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 r Loomis. 

A bill, passed in the house of .Representatives, Entitled "An act 
establishing a State Bank,'' was sent up for revision &c. read, and Or- 
dered, That it be referred to Gov. Brigham, M r - White & M r Niles. 

The following message was received from the house — M In General 
Assembly Nov. 6 th ' 1806. Resolved to concur with the Governor and 
Council in their proposed amendments to the bill Entitled "An act in 
addition to an act regulating 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 concur with the Governor and Council in passing a bill Entitled "An 
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 th - 1806, 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 th In*- was returned from the house by M r - J. Warner, a 
Member, with this order thereon: " 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 r - J. Warner appointed to carry up the same. Attest M. Post Clerk" 
— and M r Warner, after assigning the said reasons, withdrew — and the 
same bill being again read, on motion 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- 
kins provision for the payment of Grand and Petit Jurors," was sent up 
for revision &c. and being read, Ordered, That it be referred to Mess 8 - 
Fletcher & Witherell. 

The following message was received from the house — "In General 
Assembly Nov."~6, 1806. On motion of M r - 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 that the said petitions be dismissed. Extract from the Jour- 
nals, Attest M. Post Clerk." 

The following bills, passed in the house of Representatives, were sent 
up for revision and concurrence or proposals of amendment — "An act 
supplementary to an act Entitled An act laying a tax of four cents per 
acre on the town of Ferrisburgh; An act authorising the Sheriff 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 jurisdictional lines between the 
towns of Vershire and Corinth iu the County of Orange; An act in ad- 
dition to an act Entitled an act organising the County of Grand-Isle and 
fixing the time of holding the Courts therein; An act in addition to an 
act Entitled an act directing the mode of Election of Governor, I> Gov- 
ernor, Treasurer of the State, C luncillors and Representatives," and 
"An act in amendment of an act Entitled an act constituting the Su- 



G-overnor and Council — November 1806. 141 

preme Court of Judicature and County Courts, defining their powers, 
and regulating judicial proceedings," 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 a 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 of amendment, and M r - Keyes appointed to in- 
form the house of the reasons of Council in proposing the same. 

The Committee, to whom was referred the bill Entitled u 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 r 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 r Loomis 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 
addition to and in explanation of an act regulating the office and duty 
of Sheriff, High Bailiff', their 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 r - Ga- 
lusha 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 u An act in amendment of the laws now in force for regulating and 
governing the Militia of this State," reported that the same ought not 
to pass, whereupon Resolved, To nonconcur with the 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 Colonel's Command. This is considered 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 allready 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 
k; An act establishing the County Grammar School of the County of Or- 
ange in the town of Randolph," was sent up for revision &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 into a Law. 

An Engrossed bill, passed in the house of Representatives, Entitled 
"An act in addition to and amendment of an act laying a tax on the 
Township of Smithfield" {part of Fairfield and Bakersfield,] 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 apply for any legislative provision on the subject of 
this bill. 2. No evidence, that the 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 should this bill become a law. 5. The 
delay of the Committee in exhibiting their accounts, and their further 
delay in applying for legislative aid, afford 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. So that it does not appear 
that enacting this bill would have any other than an injurious effect. 

Adjourned untill 9 O'clock Tomorrow morning. 



Saturday, November 8 th * 1806, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The following written messages were received from the house: "In 
General Assembly Nov. 7, 1806. 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, 1806 — Resolved that the house concur with the Governor 
and Council in passing the following bills into laws with the amend- 
ments proposed 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 Sheriff" &c; A b'll Entitled " 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 Stockbridge 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 Entitled "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- Brigham, Mess 8 - Keyes, Loomis, Wheelock, Shepard- 
son, Witherell, White, Fletcher, Spooner & Wright. Nays, Mes 8 - Galu- 
sha and Niles. Yeas 10. Nays 2, so it was Resolved, To concur with the 
house in passing said bill into a law, with said proposals of amendment, 
and Gov. Brigham appointed to inform the house of 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 read, 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. Brigham. 

An Engrossed bill, passed in the house of Representatives, Entitled 
" an act in addition to an act Entitled an act regulating marriage and 
divorce," was sent up for revision &c. read, and Ordered, That it be re- 
ferred to M r Galusha. 

Adjourned to 2 O'clock 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 Treasurer to credit the Town of Minehead [Bloomtield] 
the sum therein mentioned; An act in addition to an act authorising 
Sheriffs to lease out Goal-houses, passed Nov r - 10 th ' 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 Craftsbury, the 
other on the town of Hardwick," and "An act appointing a Committee 
to kiy 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 
Goods," reported that it ought to pass, whereupon Resolved, To concur 
with the house in passing said bill into a Law. 

Adjourned untill 9 O'clock Monday morning.. 



Monday, November 10 th - 1806. 9 O'clock A. M. 

The following resolution was received from the house — "In General 
Assembly Nov. 8, 1806. 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 8 - D. Chipman, Chase & Spencer. Extract from the Jour- 
nals, Attest M. Post Clerk" and the same being [read,] Resolved, To 
concur therein and Gov. Brigham and M r - Witherell 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 th In 1 - had made certain proposals of 
amendment, was returned from the house by M r - [Titus] Hutchinson, a 
Member, with this order thereon — " In General Assembly Nov. 8, 1806. 



144 Governor and Council— November 1806. 

Resolved that the house concur in all the amendments proposed by the 
Governor and Council except that proposed to the 9 th Section, and "that, 
in this, the} r nonconcur, and that M r - Hutchinson be requested to return 
the bill with notice hereof & of the reasons for the same. Attest M. 
Post Clerk" — and after assigning the reasons, M r Hutchinson withdrew 
— and the said bill and amendment rejected by the house being again 
read, on motion, Resolved, To rescind from said proposal of amendment 
nonconcured by the house, and to concur in passing said bill into a law, 
without any 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 r Galusha appointed 
to inform the house of the reasons of Council for proposing the same. 

The following resolution was received from the house — u In General 
Assembly Nov. 10, 1806. 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 the 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 tax of two cents per acre on the township of Navy [Charleston,] 
and three cents per acre on the Township of Random" [Brighton,] and 
"An act in addition to and in amendment of an act Entitled an act lay- 
ing a tax of three cents per acre on the town of Plymouth," and the said 
bills being severally read and considered, Resolved, To concur with the 
house in passing them, respectively, into laws. 

M r - Fletcher asked and obtained leave of absence for the remainder of 
the session. 

Adjourned untill 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 for the purpose of Electing 
Thirteen Directors of the Vermont State Bank, and having finished the 
same, the joint Committee was dissolved, and the Governor and Council 
returned to their Chamber. 1 

On motion, Resolved, The house of Representatives concurring 
herein, that both branches of the Legislature meet in the Represent- 
atives' room at eleven O'clock Tomorrow morning, for the purpose of 
adjourning the Legislature without day. Ordered, That the Secretary 
carry the same to the 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 Resolved, To concur with the house in passing said bill 
into a law, with said proposal of amendment, and M r - Galusha appointed 
to inform the house of the reasons of Council for proposing the same. 

The Debenture of the L*- Governor and Council for the present ses- 
sion was read, approved, and ordered to be entered on the Journals. 

1 See Appendix D. 



Governor and Council — Novemher 1806. 145 

Debenture of U- Governor & Council, October Session, 1806. 



His Honor Paul Brigham Lt. Gov. . . 
Honl Jonas Galusha — Councillor. 

. . " . . Noah Chittenden 

. .". .Elias Keyes 

. . " . .Beriah Loorais 

. . ". . Nathaniel Niles 

. .". .Ebenezer Wheelock., 
. . ! ' . . Samuel Shepardson. . 

..". .James Witherell 

.."..John White 

. . ". . Asaph Fletcher , 

. .". .Eliakim Spooner . . . 

. .". .Josiah Wright 

William Page Junr. Secy- 

William Slade Esquire Sheriff. 







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M r - Shepardson was appointed a Committee to receive the Debenture 
of Council. 

The following bills, passed in the house of Kepresentatives, were sent 
up for revision and concurrence or proposals of amendment — "An act 
annexing the Company of artillery attached to the second Brigade in 
the second Division of the Militia of this State to the third Kegiment of 
the aforesaid brigade," and "An act in addition to and amendment of an 
act regulating fees" — and the said bills being read and considered, 
Resolved, To concur with the house in passing them, respectively, into 
laws. 

Adjourned untill 9 O'clock Tomorrow morning. 



Middlebury, Tuesday, November 11 th * 1806, 9 O'clock A. M. 

The Council met pursuant to adjournment. 

The following bills, passed in the house of Representatives, were sent 
for revision & concurrence or proposals of amendment — "An act laying 
duties on licenses to Hawkers and Pedlars," and "An act relating to the 
duties of the Grand Jury empanelled 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 Representatives, Entitled "An act 
making the necessary appropriations for the support of government 
during the present year, and for other purposes," was sent up for re- 
vision &c. read, amended, & then Resolved, To concur with the house 
in passing said bill into a law, with said proposals of amendment, and 
M r - Loomis appointed to inform the house of the reasons of Council for 
proposing them. 

The resolution of Council relative to the adjournment of the Legisla- 
ture was returned from the house concurred. 

10 



146 Governor and Council — November 1806. 

The following message was received from the house — " In General 
Assembly Nov. 11, 1806. Resolved to concur with, the Governor and 
Council in their amendments to the following bills, viz. A bill Entitled 
14 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 Company," was sent up 
for revision &c. read, amended, and Resolved, To concur with the house 
in passing said bill into a law, with said proposals of amendment, and 
M r Galusha 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. 11 th - 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 
passing said bill into a law, with said proposals of amendment, and M r - 
Niles appointed' to inform the house of the reasons of Council for pro- 
posing the same 1 

The following written message was received from the house: "In 
General Assembly Nov. 11 th ' 1806 — Resolved to concur with the Gov- 
ernor and Council in their amendments to a bill Entitled "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 r - 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 r Merrill, the 
Chaplain, the Sheriff of Addison County, by direction of the Governor, 
adjourned the Legislature without day, and made public proclamation 
ot the same. 

A true Journal, Attest William Page Ju r - SecM- 

^The amendment changed the name to Vermont Agricultural Society. 



THIRTY-FIRST COUNCIL, 

OCTOBER 1807 TO OCTOBER 1808. 



Israel Smith, Rutland, Governor. 

Paul Brigham, Norwich, Lieut. Governor. 

Councillors: 



Nathaniel Niles, West Fairlee, 
Jonas Galusha, Shaftsbury, 1 
Beriah Loomis, Thetford, 
Noah Chittenden, Jericho, 
Eliakim Spooner, Westminster, 
Asaph Fletcher, Cavendish, 



Elias Keyes, Stockbridge, 
Samuel Shepardson, Guilford, 
Ebenezer Wheelock, Whiting, 
Josiah Wright, Pownal, 
£zra Butler, Waterbury, 
Samuel Shaw, Castleton. 

William Page, Jr., Secretary, until Oct. 14. 

Rollin C. Mallary, Castleton, Secretary, from Oct. 14. 

William Strong, Hartford, 2 Sheriff. 



BIOGRAPHICAL NOTICES. 

Israel Smith was born in Suffield, 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 "Vergennes 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 1801, but declined the 

1 Mr. Galusha resigned on taking the oath as Assistant Judge of the 
Supreme Court, Oct. 15, 1807. The vacancy was not filled. 
8 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 punishment 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 be 
borne, and that, because of Gov. Smith's 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 Yol. iv, p. 168. — H. Hall's Early History of Vermont ; Drake's 
Dictionary of American Biography ; Deming's Catalogue ; Vt. Historical 
Magazine, Vol. I, article " Rupert ; " and Rutland Herald, copied by the 
Northern Centinel, [ Burlington,] of Dec. 27 1810. 

Ezra Butler, born in Lancaster, Mass., Sept. 24th, 1763, came from 
VVeathersfield to Waterbury in 1785 to prepare a residence, which was 
occupied by the family in 1786. He was the second settler in Water- 
bury, and the first town clerk, appointed 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 1826, 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 Jefferson, 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 for William Wirt 
and Amos Elmaker. The 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 Baptist Church, and in that capacity was 
a teacher of religion until his death, July 12 1838. In answer to the 
inquiry whether any portrait of Gov. Butler was ever painted, the 
reply of a member of the family was, "that there was not — he was not that 
sort of man." It is true that he was a modest mannered man, of a grave 



Biographical Notices. 149 

countenance and moderate in speech, apparently conscientious in the 
discharge of every duty, and firm in 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 ; Thompson's Vermont ; Parker's Early History of Waterbury; 
and Dealing's Catalogue. 

Doct. Samuel Shaw, born in Dighton, Mass. in Dec. 1768, 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. u He 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." 1 He represented Castleton in the General Assembly 
1800 until 1807, 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 Mallary was born in Cheshire, Conn., May 27 
1784, and graduated at Middlebury College in the class of 1805. 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 Attorney 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 held 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 Deming's Catalogue. 

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 1815, and again 
1819 until March 1822. — Lanman's Dictionary of Congress; and Deming's 
Catalogue. 



RECORD OF THE GOVERNOR AND COUNCIL 



AT THE 



SESSION OF THE GENERAL ASSEMBLY AT WOODSTOCK, 

October 1807. 



Woodstock, State of Vermont ss. 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 
thirty second, pursuant to the laws and constitution of this State. Pres- 
ent His Ex. Isaac Tichenor Governor. His Hon. Paul Brigham Lieu 1 - 
Governor. Of the Council, Honorable Jonas Galusha Beriah Loomis 
Noah Chittenden Eliakim Spooner Ebenezer Wheelock Nathaniel Niles 
Elias Keyes Asaph Fletcher Samuel Shepardson & Josiah Wright. 
William Page J r Secretary — William Strong Sheriff. " ; 

Resolved that a Com ee of 5 members from the Council be appointed 
to Join such Com ee as the General Assembly 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 r Galusha, M r - Wright, M r Shepardson, M r - Keyes and M r 
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 r - [Titus] Hutchinson returned from the house and brought the 
above resolution with this order thereon of the house; " In General As- 
sembly October 8 th ' 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. Shumwa}', Rising, Graves, 
Whitney, Bradley, Campbell, Shaw, P. Smith, Hendee, [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 

Farnsworth, Blodget, Baxter, Taylor, Parker, Ingham, Slade, Hibbard, 
Wood, Borden & Havnes. Extract from the Journals Attest M. Post 
Clerk." 
Adjour d 'till 4 O'clock P. M. 1 

4 O clock P. M. — Mr. Bradley, from the House, informed that the 
Gen 1 Assembly was convened in the Representatives' Room 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 — 

u 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 Brigham Esquire is elected Lieut. Governor; that Benjamin Swan 
Esquire 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 Chairman" 

And by direction of the Governor the Sheriff 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 Ceuncillors as above when 
the following resolution was received from the General Assembly — "In 
Gen 1 Assembly Oct. 8 th 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 r - Niles be a committee for said purpose. 

Adj d 'till 9 O Clock to morrow mors- 



Woodstock, October 9 th 1807. 

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 Ebenezer Wheelock Elia- 
kim Spooner Samuel Shepardson & Josiah Wright Esquires. Wil- 
liam Page Jr Secretary. William Strong Esqr Sheriff. 

The Lieut. Governor and Council proceeded to the Representatives' 
room and after prayers by the Rev d 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. 

His Excellency Israel Smith appeared in .the Council chamber and 
proceeded with the Lieut. Governor and Council to the Gen 1 Assembly 
and after taking the oaths required by the laws and constitution deliv- 
ered to both Branches of the Legislature the following Speech. 2 



1 The election sermon was delivered by Rev. Thomas Gross. 

2 For the speech see Appendix A. 



-152 Governor and Council — October 1807. 

The Governor and Council returned to their chamber and adj d 'till 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 th 1807. 

The following 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 punishments ; and that they take 
into consideration all bills 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 the house. 

The following resolution was rec d from the house — u In General As- 
sembly Oct. 9 th 1807, Resolved, the Governor and Council concurring 
herein, that both houses meet in their separate houses to morrow 
morning 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 person 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 immediately 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 being taken, counted and sorted, the Hon. Jonas Galusha 
had a majority of all the votes and was duly elected on the part 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 respective 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 of the house of 
Representatives as follows; "In gen 1 Assembly Oct. 10 th 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 of 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 nomi- 



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 Robinson 
Esquire had a majority of all the votes and was declared 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 10 th * 1807. 

The Honorable Samuel Shaw and Ezra Butler appeared in the Coun- 
cil Chamber and signified their acceptance of their Offices of Councillors 
to which they had been declared to be elected, and his honor the [Lieut.] 
Governor Brigham administered the Oalhs required by the constitution 
& laws to Messrs. [Mr.] Shaw; and Mr. Butler made affirmation. 

Adj d to 2 Oclock Afternoon. 

[2 o'clock P. M.]— The Council met pursuant to adj 1 - 

The petition of Oliver Harmon for compensation for confiscated lands 
was rec d from the house with this order thereon — k 'In General Assem- 
bly Oct r 10 th 1807 read and referred to the committee of Claims to join 
the committee from the Council. Members chosen from the house 
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 r respecting the seventh sec- 
tion of -an act therein mentioned, which, was received from the house 
with this order thereon; u In General Assembly Oct. 10 th 1807. 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 r ' — 
which was read and it was Resolved that Mr. Keyes join the Commit- 
tee appointed by the house on s d Bill. 

Adjourned to 10 O Clock Monday Morning. 



Woodstock October 12 th 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 d Session of said Court in Windsor Count)', praying that 
his imprisonment might be remitted, was read and ordered to be laid on 
the table. 

Tfce following resolution was received from the house — u In General 
Assembly Oct. 10 th 1807, Resolved, the Governor and Council concur- 
ring herein, that both houses meet in the representatives' 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; u In General 
Assembly Oct. 10 th 1807, Resolved, the Governor and Council concur- 
ring herein, that the Members of both houses meet in County Conven- 
tions at 4 OClock afternoon for the purpose of making their nomina- 
tions for county officers for the year ensuing; and that both houses meet 



151: 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 officers. Attest M. Post Clerk " — which was read 
and concurred. 

The petitions of Andrew Lackie, the Selectmen of Williamstown, 
from Daniel Merriman and others, all praying for relief where mistakes 
had been made in the grand lists of their respective towns, were re- 
ceived from the house with this order on each — "In Generall Assembly 
October 10 th 1807, read and referred to the joint Committee of Claims. 
Attest M. Post Clerk" — which were severally read in Council on the 
12 th day of the same month and it was resolved to concur with the house 
in the above reference. 

The petition of Jonathan Spafford, praying for an act to suspend all 
civil prosecutions against him for a term of years, [was received from 
the house] with this order thereon; u In General Assembly Oct. 10 th 
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." Which was read and it was 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 years, were rec d from the house with this order, on 
each — "In General- Assembly October 10 th 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. 

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 read and ordered to lie on the table 
until tomorrow morning at 10 OClock in the forenoon. 

Adjourned 'till 9 OClock tomorrow Morning. 



Tuesday, October 13 th 1807. 

The Council met pursuant to adjournment. 

The petition of William Slade in the cause of David Ramsdill against 
him was received from the house with this order thereon — " In General 
Assembly Oct. 12 th 1807. Read and referred to the Committee of New 
trials to join a Committee from the Council. [Members chosen,] 
Messrs. Spencer, Mattocks and Ware. Attest M. Post Clerk." Which 
was read and it was resolved that Mr Fletcher join the Committee ap- 
pointed on the part of 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 12 th 1807. Read and referred to Messrs Norris, 
Hotchkiss, D. Chipman, 0. Fisk & 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 Marsh field, praying for the ex- 
clusive privilege of manufacturing gun-powder within this state for the 
term of ten years, was rec d from the house with this order thereon: " In 
General Assembly Oct. 12 th 1807, read and refer d to the joint Committee 



Governor 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 the house in the 
above reference. 

The petition of Zacheus Johnson, praying for an act of Suspension, 
was rec d from the house with this order thereon — ? In General Assem- 
bly Oct 12 th 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 electing Judges 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 th 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 term of five years, was rec d from the house 
with this order thereon — " In General Assembly Oct. 12 th 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 prayer thereof ought not to be granted ; and 
also unanimously resolved that the 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 petition of the inhabitants of Newbury against the first, 
were rec d from the house with this order on each: " In General Assem- 
bly Oct. 13 th 1807, Read and referred to Mess. D. Chipman, Rich, and 
Olin, to join a committee from Council. Attest M. Post Clerk " — 
which were severally read and it was Resolved that Mr. Wheelock Join 
on the Committee from the house on the above petition. 

Adjourned to 9 O'clock to morrow morning. 



Woodstock, October 14 th 1807. 

The Council met pursuant to adjournment. 

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 County nominations 
and appointing the respective County officers for the year ensuing, and 
having made progress in the same, the Committee was adjourned untill 
Saturday morning next to meet in the representatives' room at the open- 
ing of the house. 

The following resolution was rec d from the house: " In General As- 
sembly Oct. 13 th 1807, Resolved that his Excellency the Governor be 
requested with and by the advice of Council to appoint thursday the 

1 Royall Tyler, Theophilus Harrington, and Jonas Galusha were 
elected. 



156 Governor and Council — October 1807. 

third day of December next to be observed [as] a day of public thanks- 
giving and prayer throughout this State. Extract from the Journals, 
Attest M. Post Clerk." Which was read and Resolved that the Coun- 
cil advise his Excellency the Governor to issue his proclamation in com- 
pliance with the above resolution. 

The petition of D. Wilcox, praying for an exclusive privilege 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 th 1807, Eead and referred to 
Messrs Buck, Hine, McLaughlin, Tenney & Tubbs to join a committee 
from the Council. Attest M. Post Clerk." Which was read and 
it was resolved to join in Committee and that Mr. Shepardson be ap- 
pointed. 

The petition of Benjamin Mattison for a new trial in the case of 
Christopher Roberts against him was rec d from the house with this or- 
der thereon: "In General Assembly Oct. 13 th 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 
VVillard, each 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 th 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 Rollin C. Mallary 
Secretary for himself and the Council. 

Attest William Page Ju r - 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 d from the house with this 
order thereon: "In General Assembly Oct. 12 th 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 d from the house with this 
order thereon — "In General Assembly Oct 13 th 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 d from the house with this order 
thereon — "In General Assembly Oct. 12 th 1807, read and resolved that 
the prayer thereof ought to be granted and that the petitioner have 
leavo to bring in a bill accordingly. Attest M. Post Clerk." The 
above and foregoing petitions were each of them read and it was re- 
solved to concur with [the orders of the house on] each and all of them. 

An act laying a duty on bank bills imported into this State [was 
received from the house] with this order thereon, — "In General Assem- 
bly Oct. 14 th 1807. This bill was brought in by Mr. Herrington and 
referred to Mr. T. Hutchinson, D. Chipman 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 was appointed to join the above committee. 

An engrossed bill entitled "an act to confirm the name and doings of 
Thomas Rice" was rec d from the house; and was read; and it was re- 
solved to concur with the house in passing the same without amendment. 

The petition of Thomas Kimball, praying for the remission and pardon 
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 15 th 1807. 

The Council opened according to adjournment. 

The petition of Daniel Janes, praying that the Secretary may alter a 
mistake, of record in which his name is written Jones, was read and 
postponed till afternoon this day. 

The petition of Otis White, praying for an act of suspension, was rec d 
from the house with this order: "In General Assembly Oct. 14 th 1807, 
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 
unanimously 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 
Theophilus 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 Hon. Lieut. Governor Paul Brigham Esq r - 

The petition of [Asa] Farnum and others, praying for the amendment 
of their certain declaration [in a pending 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. 
Spooner on the part of the Council was appointed. 

Adjourn'd to 2 OClock afternoon. 

2 OClock P. M. — Council met as by adjournment. 

An engrossed bill was rec d from the house entitled " an act altering 
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 d from the house with this 
order thereon: " Head 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 
S. M c Leod. with this order on each: "In General Assembly Oct. 15 th 
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 d from the house the petition of Philip Smith and others with this 
order thereon, " In General Assembly Oct. 15 th 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 inhabitants 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 th 1807, read and 
referred to [Messrs.] Rising, Dennison, N. Chipman, 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 committee, and were read and on motion it 
was resolved to concur in the reference, Messrs Butler and Shaw being 
the members on the part of Council to join. 

Adj d to 9 OClock to morrow morning. 



Woodstock October 16 th 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 d 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 d from 
the house with this order thereon: "In General Assembly Oct. 16 th 
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 indemnification for cer- 
tain losses, was received from the house with this order thereon: "In 
General Assembly Oct. 16 th 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 punishments 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. Niles to report information. 

Received from the house the petition of the Inhabitants of Franklin 
County, praying for a branch of the Vermont State bank, with this order 
thereon: "In General Assembly Oct. 16 th 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 Assem- 
bly read and referred to the joint committee on banks." Read and it 
was resolved to concur with the house in the above reference. 

Adjourned to 9 OClock to Morrow Morning. 



Saturday Oct. 17 th 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 adjourned for one hour; the Governor 
and the Council returned to their Chamber and proceeded to business. 

The following resolution was rec d from the house: "In General As- 
sembly Oct. 16 th 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. Post Clerk." Head 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 th 1807. read and 
referred to the joint committee [on the petition] of Samuel Horr and 
others. Attest M. Post Clerk." Bead 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 iii the 
appointment of [county] officers which came before them, adjourned 
untill next Wednesday morning at 10 OClock — And then adjourned; and 
the Governor and Council returned to their Chamber and then adjourned 
'till 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 d from the house with this order thereon: 
" In General Assembly Oct. 17 th 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 
above 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 th 1807, read and referred to the joint Commit- 
tee on the petition of the president and directors of the Greenrnountain 
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 19 th 1807. 
The Council met pursuant to adjournment. 

There not being a quorum present, the Council adjourned to 2 OClock 
in the afternoon. 

2 OClock P. M. — An engrossed bill was received from the house en- 
titled " an act 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 d 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 d from the house entitled " an act laying a 
tax of two cents on each acre of land in the town of Duxbury;" which 
was read 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. 

Kec d from the House an engrossed bill entitled " an act laying a tax of 
three cents pr. Acre on the land in the town of Moretown;" 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 " collection " in the 
fourth line from the bottom, erase the " o/" and insert the words " and 
accounting for"; and also that 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 th 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,' 1 [which] was read and referred to Messrs Butler and Chittenden 
for information. 

Rec d 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 petition 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. 17 th 1807, read and 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 Montpelier 
Aquaduct Company;" one laying a tax of three cents on each acre of 
land in the town of Ludlow; one annexing apart of Pomfret 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 Wolcott, was called up, read and on motion it was 
resolved to concur with the house in passing the same. 

An engrossed bill was received from 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 the 
Council in their non concurring with the house 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 wasr 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 
house in the above bill and that the same become a law. 

An engrossed bill (that by Council had been referred to Mr Shepard- 
son 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 d 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 tc morrow morning. 



Woodstock October 21 st 1807. 

The Council met pursuant to adjournment. 

The petition of Alexander McDonald [was received from the house] 
with this order thereon: u In General Assembly Oct. 21 st 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 Williamstown, 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 d to 
next Friday at ten OClock in the forenoon. 

The bill entitled an u 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 suspension of civil prosecutions against him. for a term of 
years, with this order thereon: u In General Assembly Oct, 21 st 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 d 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 d 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 st 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 three cents pr. acre on the town of Moretown;" and that the 
same become a Law. Extract from the Journals Attest M. Post 
Clerk." 

Rec d 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 STays 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 nd 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 u an act to repeal a certain act and parts of an act 
therein mentioned relating to the support of the Gospel " was again 
called up and after debate, the Council adjourned to 2 OClock in [the] 
afternoon. 

2 OClock afternoon — The last mentioned bill was called up and 
on [after] debate the Council was adjourned till 9 OClock tomorrow 
morning. 



Governor and Council — October 1807. 163 

Oct. 23 d 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 d from the house entitled u 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 progress 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, Meach, 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 u 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 nd 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 the 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 che 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 d 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 th 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 
u Yeas" and "Nays" 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. 1 

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 ordered 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 d to 10 OClock Monday A. M. 



The Council met pursuant to adjournment on Monday 10 OClock A. 
M. Oct. 26 th 1807. 

Received from 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 d 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" — One, "Granting a Ferry to Henry Scott"; 
one "Granting a new trial to William 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 Niles. 

The engrossed bill " legalizing the marriage of Betsy Case" [was re- 
ceived from the house,] which was read and ordered to lie. 

Two engrossed Bills were rec d 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 c Donald," which 
were each of them read and it was resol d to concur with the house in 
passing the same. 

Adjourned to 2 OClock P. M. 

2 Oclock P. M. — The following engrossed bills were rec d from the 
house — One, laying a tax of two cents per acre on the town of Sher- 

1 See Vol. i, pp. 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 the same. 

The Petition of Daniel Janes was called up and ordered to lie on the 
table. 

An engrossed bill was rec d 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) 
u granting relief to Prince B. Hall," which was read 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 ''Yeas-'' and "JVat/s" 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, Messrs 
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 th 1807. 

The Council met pursuant 1o adj*- 

The abovementioned bill was called up, read and resolved to concur 
with the house in passing the same. 

Rec d 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 d Bills were received from the house Yiz. one 
laying a tax of two cents per acre on the town [of] Topsham, one 
" laying a tax of two cents on the town of Kelly vale" [Lowell,] 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 
"the Charter of said town by mistake his name is written "Jones" 
"instead of "Janes" by the Secretary; and now he prays that the mistake 
"may be rectified, and his name written as it originally should have been; 
"and whereas the said Daniel Janes has produced before His Excellency 
"the Governor and this Honorable Council the Original list of the pro- 
prietors' names to whom the town afores d 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 d and the record of the 
"same, the Secretary be directed to alter said name of "Jones" to that 
"of Janes" and that the said Daniel Jaues 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 was 
adopted. 

Adjourned to 2 OClock P. M. 

2 OClock P. M. — The Council met pursuant to adjournment. 

Rec d from the house an engrossed Bill "laying a tax of three cents per 
acre on the town of Richford" which was read and it was res'd to concur 
with the house in passing the same with this amendment, Viz. "by 
striking out the Name, "Caleb Roys" and insert "Stephen Blazden." 

Rec d 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 Braintree " ; 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 fifth 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 1 was rec'd from the House with the 
following order thereon: " In General Assembly Oct. 27 th 1807, 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 call'd up and again or- 
dered to lie. 

An Engrossed Bill was rec d 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 d and read and ordered to lie. 

Adjourned 'till 9 OClock tomorrow A. M. 



Wednesday Oct. 28 th 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. 1 

The engrossed bill u laying a tax of two cents per acre on the Town 
of 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* 1 three cents pr acre. 1 '' 

Rec d from the house the following engrossed Bills: one entitled "an act 
laying [a tax of] two cents per acre on the town of Duncansborough " 
[Newport;] 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 d as before an 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 d from the house an engrossed bill u laying a tax on the town of 
Sherburne," which was read and referred to Mr. Loomis. 

Rec d 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 u 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 d 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 d to Mr. Loomis. 

Rec d 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 acre 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. 

1 The following elections were made : Caleb Hendee jr. and Hezekiai 
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 Tolman Five hundred dollars," and one " in amend- 
ment of an act incorporating 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 cents. 1 '' 

Received from the house an engrossed Bill, " laying a tax of three 
cents pr acre on the town of Huntsburg " [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 to revive 
an act laying a tax of four cents pr acre on the town of Sheffield, granted 
Oct. 29 th A. D. 1806," which was read and on motion it was resolved to 
concur with the house in passing the same. 

Adj d 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 nd that the selectmen had no 
right to interfere in their proceedings. 

The engrossed Bill, appointing a Committee to lay out a road from 
Middlebury 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 th 1807, 9 OClock A. M. 

Rec d from the house an engrossed Bill " entitled an act laying a tax 
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. 



Governor and Council — October 1807. 169 

Keceived from the General Assembly an engrossed Bill entitled ,u 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, 1 st Because the road would termi- 
nate in an uninhabited country which from the swamps and morasses 
would never become settled. 2 nd 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 d It appears to the Governor and 
Council that all the towns South of Onion River would be 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 th 1807, Resolved that a Committee from 
the Council be requested to join a Committee from the house called the 
Turnpike Committee [consisting] of Messrs Harrington, G. Stone and 
Lovett 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 st 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 th 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 Westlield." 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 nonconcured,) 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 " Roxbury.''' 1 

Received 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. Keyes be appointed to inform the 
house of the reasons, which were: 1 st Because the inhabitants of said 
town have been frequently taxed and the roads are in tolerable good 
repair — 2 nd 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 assign the reasons to the General Assembly, which were— 1 st 
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 subject— 2 nd 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 be 
continued for the term aforesaid without cost of either party' 1 '' — and also in 
the 4 th section and 4 th line from the bottom after the words "given 
Bonds" read, "to the amount of the whole of 7iis property" and after the 
word' "Vershire" in the third lin<^ in said Section read "in 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 [Chittenden 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 rvhole of the proceedings 
required to be recorded in said office by the aforesaid act passed in the year 
1799;" and in the 11 th 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 nonconcured by the Council was sent down to the 
house with the reasons and was again sent up to the Conncil by Mr 
Olds, member of the house, with the reasons of the house for so doing. * 

Adjourned to 10 OClock next Monday Morning. 



Monday Xov. 2 nd ' 1807s 10 Clock A. M. 

The Council met pursuant to adjournment. 

Rec d from the General Assembly the following communication, Yiz. 
" In General Assembly Oct 31 st 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 Braintree; 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 to Messrs Butler and 
Loomis for revision and amendment. 

The Yote 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 Kesolved to 
be rescinded; and also was the Yote 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 the Chelsea Turnpike 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 Office 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 nd 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, Yiz. "In Gen- 
eral Assembly November 2 nd 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. Hotchkiss, 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 OClock to morrow Morning. 



Woodstock November 3 d 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 the 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. 

i Received from the house the following engrossed Bill entitled "an act 
in addition to an act establishing a State Bank." which was read and the 
following amendments were proposed; Viz. — in the first Section after 
the words "in the County of Rutland" insert the words "and Bennington 
in the County of Bennington" and instead of the words "four additional 
Branches" insert "five additional Branches" instead of "Eighteen direc- 
tors" insert "twent}' one," and after the last word in Sec. 3 d strike out 
the whole of the following proviso. Referred to Messrs Niles, Shaw & 
Gov. Brigham. 

Rec d from the house an engrossed bill entitled "an act providing for 
the Building a State prison," which was read and it was resolved to con- 
cur with the House in passing the Same. 

Rec d 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 th 1807" 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 th from the 
word " Compleated" erase the remainder of the section — and from the 
word "pass" in the 4 th line of Sec. 3 d erase out these words, "whether the 
taxes are now laid or hereafter to be laid." 

Adjourned to 2 OClock in the Afternoon. 

2 OClock P. M. — The Petition of General Jonathan Spaftbrd was 
rec d 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 "laying a tax of Seven 
Mills pr acre on the County of Essex" — 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 d .from the house an engrossed bill entitled "an act in addition to 
an 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 k, 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," which had been 
sent down from Council with proposal of amendment with this order 
thereon: "In General Assembly Nov. 3 d 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 the same. 
Attest Martin Post Clerk." Resolved to rescind from the last pro- 
posed amendment to the last # mentioned bill relating to "the State 
Bank,' 1 which was " to strike out the providing clause." 
Adjourned to 9 O'Clock to Morrow Morning. 



November 4 th 1807, 9 O'Clock A. M. 

The Council met pursuant to adjournment. 

Received from the house an engrossed Bill entitled "an act laying a 
tax 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 st in third line from Bottom erase the 
word "five"* and insert tw Seven." 

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 office 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 kk 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 Feb?- 4 th 
1804," was read and it was passed and sent to the General Assembly for 
concurrence. 

Adjourned to 2 OClock P. M. 

2 OClock P. M. — The Council met pursuant to adjournment. 

The resolution sent down to the house appointing 3 OClock this after- 
noo'n 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 Bill 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- 
ed, was returned from the house 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 read and it was Resolved to concur with the 
house in passing the same. The above resolution rescinded and the 
last mentioned 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 met the house 



174 Governor and Council — November 1807. 

in joint Committee for the purpose of Conferring on the disagreeing 
votes 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. 1 

Adjourned to 9 OClock to morrow Morning. 



Thursday November 5* h 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 resolved 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 a Company 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 resolved to non-concur with the house in passing the Same. 

Received from the house an engrossed Bill entitled "an act granting 
relief to Ebenezer Markham," 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 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 following communication — "In General 
Assembly November 5 th 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 Guildhall" 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. 2 

1 The joint committee concurred in the amendment of the Council. 
The house had nonconcured by a majority of eleven, which majority 
was overruled in joint committee by the votes of the Lieut. Governor 
and twelve Councillors. 

2 The Secretary of the Council failed 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 engrossed 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 M an act appoint- 
ing a Committee to lay out a Road 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 passing 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. u Sec. 3 d and it is hereby further 
enacted, that the Secretary of State be and 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 th « 11 th 
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 th Sec. add the following proviso --" Pro- 
vided nevertheless that 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, & 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 in this State lay out High- 
ways in their respective towns." And further add to the end of the Bill 
one new Section. Viz. " Sec 15 th - 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 State.'''' 

Adjourned to 9 OClock to Morrow Morning. 



Friday Novem r 6 th 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 eut 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 1807. 

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 been 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 Cham- 
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 
Montpelier," which was read and it was resolved to concur with the 
House in passing the same with the following amendments — Viz. — in 
Sec. 2 nd 2 nd page 2 nd Line from the top after the word "reasonable" 
insert: u 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, aud said Court are hereby authorized to hear, try 
and determine 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 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 Counly 
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 th Sec. 3 d 
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 of the town treasury of such towns as the 
Selectmen in each town shall direct." Add also "/Sec 5 th -' "Sec. 5 th 
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 



Governor and Council — November 1807. 177 

such 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 Resolved 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 
Governor and Council for concurrence and Mr Duncan appeared in 
Council and assigned the reasons of the House. 1 

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 th 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 for the concurrence of the Governor and Council, which was 
read and it was resolved to concur with the House in passing the same. 2 

The 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 th 
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 th line from the Bottom after the word " cases " 
erase the words " will continually " and insert the word "may" and that 
Mr. Niles inform the house of the reasons. 3 

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 O'Clock to morrow morning. 



Saturday Nover. 7th 9 OClock A. M. 
Rec d 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. Brigham. 

1 Probably the bill was laid on the table, as it came up subsequently. 
1 See Appendix F. 
8 See Appendix B. 
12 



178 Governor and Council — November 1807. 

Mr. Shaw asked leave of Absence and was excused the remainder of 
the Session. 

Rec d 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 passing 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 d from the House and it was Resolved to concur with the 
House in passing the same with the following amendments, Namely, 
after the word "first" in the Seventh line in the first Section insert the word 
"Volunteers, " and erase the following words immediately following Viz. 
"Republican" — "of Cadets" u and annexed to." And in the said first Sec- 
tion in the last line erase the word "independant" and insert the word 
"Volunteers." And after the word "aforesaid" in the thirteenth line of 
the third Section erase to the word "and" in the third line from the 
Bottom. Add also to the last Section of said Bill the following proviso 
— Viz. " Provided 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 [formed] into Such other Company as 
the Field officers of said first Regiment shall direct." Also after the word 
" Soldiers " in the third Section & 3 d Line insert to the " Number of 
forty." And in Section third Eighth line, erase the words "of Cadets" 
and in the Seventh line of said Section after [erase] the wor.ds " of Ca- 
dets" and insert the word " Volunteer." 

Rec d 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 th 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 Committee 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 fuel 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 
Highways in their respective towns." 

Rec d from the House the Bill " incorporating certain persons by the 
name of the Middlebury Manufacturing Company," which 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 'till 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 ingrossed 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 d from the House an engrossed Bill entitled u 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 d from the House the following Resolution Viz. — "In General 
Assembly Nov. 7 th 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 d from the House an ingrossed Bill entitled "an act appointing 
Commissioners to set off the public Lands in Coventry and Coventry 
Gore," 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 d 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 d 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 d to 9 OClock Monday Morning. 



Monday, Nov. 9 th 1807, 9 OClock 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 Wednesday of April Next to be observed 
as a day of general and public fasting and prayer thro' this State. [Read 
and adopted.] 

Rec d from the House the following communication, Viz. " In Gen. 
Assembly Nov. 7 th 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 Memphramagog 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 Governor and Council — November 1807. 

pelier" — 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." 

Benjamin 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 d 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 d to 
concur with the house in passing 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 "rights" 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. 
1 st - 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 draft and other pro- 
ceedings of their meeting holden at Providence in Rhode Island on the 
Seventh 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 ratifyed 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 d from the House the following communication, Viz. — "In Gen 1 
Assem^ Nov. 9 th 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. 1 Extract Irom 
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 the 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. 2 

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. 
2 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 th » line 
7 th after the words "per annum,'''' insert "in hard money, or bills of the 
Vermont [State] Bank" and in the 11 th line of said Section insert the 
words "monies" u or bills of the Vermont State Bank." 

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 th 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 d from the House a bill entitled '"an act for the relief of Benjamin 
Stoddart " [Stoddard,] which was read and it was Resolved to concur 
with the house in [passing] the same. 

Rec d 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 d 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. 
Niles & Loomis. 

Rec d 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 d 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 d 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 d from the House the bill entitled an act authorizing the adminis- 
trators of David Wing Jr. to deed land &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 Philadelphia" [part of Chittenden.] 

Rec d from the House the Bill entitled k " an act in addition to an act 



182 Governor and Council — November 1807. 

establishing a State Bank," which was read and Ordered to Lie on the 
table. 

Rec d from the House the Bill entitled an act granting to Daniel Mer- 
riam, Charles Landon & Sylvester Phelps the sum of $15,63, which was 
read and it was resolved to concur with the House in passing the same. 

Adj d to 8 OClock A. M. tomorrow. 1 



Tuesday, Nov 10 th 1807, 8 OClock A. M. 

The resolution [of the House] to adjourn on "Tuesday the 10 th 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 passing 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 nd line 6 th from 
the top after the word "P 'resident" erase the words "two hundred and 
fifty" 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 Sec. 
1st, " so j ar as n re lates to the liability of said Sheriff for said tax. Sec. 2 d * 
It is hereby further enacted that in all 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 

1 From the Assembly Journal, Nov. 9 1807 : 

Mr. [Charles] Rich, on motion and leave, introduced the following 
resolution: 

In General Assembly, Nov. 9 th > 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, 

Resolved, the Governor and Council concurring herein, that it be rec- 
ommended to the Governor, members of the Council, and House of 
Representatives, to appear at the next session of the legislature, clothed 
in the manufactures of 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 Land 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 said County." 
Adj d 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 laying 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 State 
Bank" lately sent down to the house with proposals of amendment, was 
now returned non-concurred, and on motion Resolved that the Council 
rescind their vote for amendments aforesaid and that they concur with 
the house in passing the original bill. 

Rec d 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 d from the house the Bill entitled " an act establishing a Grammar 
School in Royalton," which was read and it was Resolved to concur with 
the House in passing the same. 

Rec d Information that the House had concurred in the proposed 
amendment to the resolution for adjourning the house without day — and 
also in the bill entitled an act laying a tax of two cents pr acre on the 
town of Sherburne. 

Rec d 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 d 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 th . 9 OClock A. M. 
The Gov. & 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 



Governor and Council — November 1807. 



representatives' room at 10 OClock A. M. this day for the purpose of ap- 
pointing a High Bailiff for the County of Windham in the room of 
Joseph Ellis resigned " — [which was read and adopted.] 

The bill entitled an act laying a tax of one cent on each acre of land 
in the State of Vermont was called up and again read and it was Re- 
solved to concur with the House in passing the same with sundry 
amendments. 

The following engrossed bills were received from the House, sent up 
for revision and concurrence or proposals of amendment; Viz. — one 
entitled u an act relating to the division of lands in the town of Reading:" 
one entitled "an act directing the treasurer to pay the sum therein men- 
tioned " — which were read and it was resolved to concur with the house 
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 State Bank" &c. which was read and it was resolved to 
concur with the House in passing the same. 

The following resolution was introduced into Council — Viz. "Resolved, 
the General Assembly concurring Herein, that all the unfinished busi- 
ness be referred to the next Session of the Legislature;" which passed 
and was sent down to the House for concurrence. 

The Secretary read the debenture of the Gov. & Council, and [it] was 
agreed to as follows: 



His Honor Paul Brighain Lt. Gov 

Honi Jonas Galusha 

.". .Noah Chittenden 

.". .Elias Keyes 

.". .Beriah Loomis 

. " . . Nathaniel Niles 

.". . Asaph Fletcher 

.". .Josiah Wright 

.". .Ebenezer Wheelock 

. " . . Samuel Shepardson 

. " . .Eliakim Spooner 

. " . . Ezra Butler. 

.". .Samuel Shaw 

.". .William Page Jr. (Deb. as Secy-). 

."..R. C. Mallary Secy- 

.". .W. Strong Sheriff 



% 



17 
74 
80 
23 
26 
36 
20 
100 
02 
74 
44 
00 

34 

44 



5 o 

in 



2 04 
88 
00 
70 
12 
32 
40 
00 
44 
08 
28 
20 



84|48 






140 
12 
52 
40 
52 
52 
52 
52 
52 
52 
52 
49 
43 
17 
72 
52 



848100 



142 04 

20 88 



932148 



Rec d from the House the resolution of Council for referring the 
unfinished business to the next Session of the Legislature with the 
following order of the House upon the same — "In General Assembly 
Nov. II 411 1807, Resolved to concur with the Governor and Council in 
the above resolution with the following amendment, Viz. in 3 d line 
[insert] "excepting the act in addition to an act relating to road taxes 
and the bill making appropriations for the support of government." 
Attest M. Post Clerk." Which was read and it. was resolved to concur 
with the House in their proposed amendment. 

Rec d the concurrences of the House in these bills, Viz. — one " incorpo- 
rating Bradford Manufactoring Company"— one "to revive a Land Tax 



Governor and Council — November 1807. 185 

on Goshen Gores, Harris Gore, Hopkinville & Bradly Yale in the 
County of Caledonia" — one u laying 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 u 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 u an act in addition to 
an act regulating the disposition of monies raised by tax on lands in 
towns lor 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 Kesolved 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 Sheriff of 
Windsor County adjourned the Legislature without Day. 

A true Journal. Attest, Rollin C. Mallary Secretary. 



THIRTY-SECOND COUNCIL, 

OCTOBER 1808 TO OCTOBER 1809. 



Isaac Tichenor, Bennington, Governor. 
Paul Brigham, Norwich, Lieut. Governor. 



Councillors: 



Samuel Fletcher, Townshend, 
Solomon Mtller, Williston, 
Noah Chittenden, Jericho, 
Elias Keyes, Stockbridge, 
Chauncey Langdon, Castleton, 
Daniel Chipman, Middlebury, 



Zerah Willoughby, Fletcher, 
Asa Lyon, South Hero, 
Reuben Hatch, Tunbridge, 1 
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 1808 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, 1815 
to March 1817. His character and talents entitled him to high respect, 

i The Washingtonian placed Mr. Hatch in Norwich in 1810. 



Biographical Notices. 187 

and 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 Tinmouth 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, and there he spent 
the best part of his professional life, becoming distinguished in his pro- 
fession and in literature. He was admitted to the American Academy 
in 1812. and was law professor 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 State's Attorney for Addison 
County 1797 until 1817, and Delegate in Constitutional Conventions as 
follows : for Rutland in 1793, Middlebury in 1814, and 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 maintaining 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- 
1825, published in 1835 ; Life of Nathaniel Chipman, 1846 ; Memoir of 
Seth Warner, 1848 ; and Memoir of Thomas Chittenden, 1849. 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 Pomfret, 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, 1 in conjunction with Grand 
Isle, in 1795, and was its first minister, though he never was installed 
but was elected by the members — Drake 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 until 1815, 
when he was elected to Congress and served 1815 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 Parmalee gave a very interesting sketch of 
Mr. Lyon, in the second volume of the Vt. Historical Magazine, article 
14 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. 
Nor was it a shammy man-made gospel that Mr. Lyon proclaimed 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 thought him not only a 
great man, but a good man. You 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 

1 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 
Grand Isle. Lyon's farm, it has been stated by Rev. S. Parmalee, was 
on the North Hero. 



Biographical Notices. 189 

was a divine, a philosopher, and a reasoner and a scholar in almost 
every sense of the word. He was truly learned on all subjects; even a 
literary encyclopedia himself. He was eloquent in extemporaneous 
discussions. 

The editor of the Historical Magazine adds: 

He was no saint Lyon, as the enthusiast pencil may overpaint, " with 
no spot nor wrinkle nor any such thing;" but he was honored in the na- 
tion and worshipped in his own pulpit. Said the late Hon. Charles 
Adams of Burlington, M 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 philosopher 
and a Christian." His death occurred April 4 1841, in his 78th year. 
See portrait in Vt. Hist. Mag. Vol. II. — Drake's Dictionary of American 
Biography; Deming's Catalogue; and Vt. Historical Magazine, Vol. n. 

Reuben Hatch represented Tunbridge in the General Assembly in 
179£, '93, 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 able 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.— Vt. Historical Magazine, Vol. II; 
and Deming's Catalogue. 

Deacon Daniel Dana came to Guildhall from Connecticut, [proba- 
bly one of the Pomfret family,] as an attorney, and represented the 
town in the General Assembly 1800 until 1807, and 180S 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 Cat- 
alogue. 

John Ellsworth represented Greensborough in the General As- 
sembly in 1799 and 1806. He was Clerk of Orleans County Court 1803 
until 1814, and served in the Council one year. — Deming's Catalogue. 



RECORD OF 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 Session 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 thousaud eight 
hundred & eight, and of the Independence of the 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 Brigham Esq 1- - L 4 Governor; of the Council, The Hon ble Beriah 
Loomis, Noah Chittenden, Ebenezer Wheelock, Nathaniel Niles, Elias 
Keyes, Samuel Shaw, Josiah Wright, Samuel Shepardson, "Ezra Butler, 
and Asaph Fletcher Esquires. Rollin C. Mallary Secretary. Joseph 
Armington Sheriff of Caledonia County. Mr. Dan 1 - Chipman appeared 
in Council from the House of Representatives, and informed that they 
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 ensuing, 
which was read, and, Resolved, To concur with the house in passing the 
same. Councillors chosen, Mess 8 - Shaw, Wright, Chittenden, Keyes, 
Wheelock, Shepardson & Loomis, and they were sworn to the faithful 
execution of their trust. 

Adjourned to 4 o'clock P. M. 1 

1 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 Montpelier, 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 the opening of the Legislature and the 
proclamation of the state officers, and but a very small 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 council Chamber, and 
informed that the General Assembly were convened in the Representa- 
tives' room, and were ready to meet the I> 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, I> Governor, Treasurer & Councillors for the year ensuing. 
The I> Governor and Council immediately repaired to the Representa- 
tives' room, and the following report was read, viz. u That his Excel- 
lency Isaac Tichenor Esquire is Elected Governor, His Honor Paul 
Brigham Esquire L* Governor, Benjamin Swan Esq 1- - Treasurer, and the 
Hou ble 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 submitted. Samuel Shaw, for Com ee - 2 

The L*- Governor & Council returned to .their Chamber and ad- 
journed untill 9 o'clock Tomorrow morning. 



Friday October 14 th > 9 o'clock A. M. 

The Council met pursuant to adjournment. Present, His Honor Paul 
Brigham Esq 1- - L*- Governor, The Hon le - Elias Keyes and Noah Chitten- 
den Esq"- Councillors. The Hon ble Chauncey Langdon, Daniel Chip- 
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 swore, into office by 
his Honor the L*- Governor. 

A Resolution was received from the house, appointing a Committee 
to wait on his Excellency Isaac Tichenor Esquire, and inform him of his 
appointment of Governor, for the year ensuing, & being read, Resolved, 
To concur therein, and Ordered that M r 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 
Centinel [Burlington] of Oct. 21 1808: 

Counties. 

Chittenden 

Orange 

Essex 

Franklin 

Bennington 

Rutland 

Addison 

Windsor 

Grand Isle 

Windham 

Orleans 

Caledonia 

13634 12775 427 

Majority for Gov. Tichenor 432. 

The Centinel 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. 



Tichenor. 


Smith. 


Scattering. 


1348 


778 


35 


1345 


1480 


45 


224 


87 


11 


1190 


789 


19 


947 


1123 


35 


1548 


2359 


63 


1345 


1168 


57 


1377 


2714 


57 


320 


68 


3 


2477 


1097 


53 


377 


236 


11 


1136 


776 


38 



192 Governor and Council — October 1808. 

Ordered, That the Secretary inform the Hon ble 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 I> 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 the 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 le - 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, praying for 
relief, with the following order thereon, " In General Assembly Oct. 14, 
1808, Read & referred to Mess 8 - King, W. Child & C. Smith, to join a 
Committee from Council. Attest M. Post Clerk," which was read, and 
Resolved, That M r Dana join the above Committee from the house. 

His Excellency the Governor was pleased to appoint William Page 
Jun r - 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, Sect/-] 

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 8 - P. Smith, D. 
Clap, & Sexton. The Second Land Tax Committee Mess 8 - Henry, J. 
Hall & Otis. The Third Land Tax Committee, Mess 8 - A. Chamber lin, 
Wheatley & Newell. A Committee, denominated the Committee of 
Insolvency and suspension, Mess 8 - W. Chamberlin,, Marvin, De Forrest 
& Hammond. A Committee, denominated The Committee of New 
Trials, Mess 8 - Ware, Olin, W. Chamberlin & G. Robinson. A Turnpike 
Committee, Mess 8 - Rich, Flagg, J. Dana and Putnam. A Committee of 
Claims, Mess 8 - N. Chipman, Edmund [David Edmond of VergennesJ 
Hunt & Ware. Extract from the Journals Attest M. Post Clk pro. 
tern/' and the same being read, Resolved, That M r - Chittenden join the 
First Land Tax Committee; That M r - Ellsworth join the Second Land 
Tax Committee; That M r - Hatch join the Third Land Tax Committee; 
That M r - Langdon join the Committee of Insolvency and suspension; 
That Mr Chipman join the Committee of new trials; That M r - Lyon 
join the Committee of Claims; and That M r - 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 e - Solomon Miller Esquire, Elected a Councillor, appeared in 
the Council Chamber, took & subscribed the Oaths prescribed 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 8 - N". Chipman, 



Governor and Council — October 1808. 193 

* 

T. Hutchinson & W. Chamberlin to join a Committee from Council. 
Attest M. Post Clk."— read & Resolved That M r - 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 to Mes*- 
Thompson, Green & Brown, to join a Committee from Council. Attest 
M. Post Clerk," and being read, Ordered That M r - Chipman join the 
above Committee of the house. 

Ree d - from the house of Representatives a Petition for a land tax on 
Berkshire, with this order thereon: "In General Assembly Oct. 14, 
1808. Referred to the First joint land tax Committee. Attest M. Post 
Clk." and the-same being read, Resolved To concur with the house in 
the said reference. 

Received from the House of Representatives the several Petitions of 
Geo. Sturtevant & E. Hawley praying for acts of suspension with this 
order on each: " In General Assembly Oct. 14, 1808, Read & 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 Silsbee praying com- 
pensation for a horse killed in the service of the public, and the Petition 
of James D. Butler, for payments 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 of Caldwell Moore first Constable of Barnet, praying the Legis- 
lature to pass an act in confirmation of his proceedings as Collector of 
the Cent Tax, with this order thereon: "In General Assembly Oct. 15, 
1808, read and referred to Mess 3 - Fyler, Sanborn and Palmer to join a 
Committee from Council. Attest M. Post Clerk" — and the same being 
read, Resolved, That M r Hatch join the above Committee of the house. 

Received from the house of Representatives the Petition of Thomas 
Todd & Son, for an act of incorporation, 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 8 - Thomp- 
son, Dewey & Ware, to join a Committee from Council. Attest M. Post 
Clerk," and the same being read, Resolved, That M r - Ellsworth & M r - 
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 VVaipole, with this order 
thereon: "In General Assembly Oct. 15, 1808, Read and referred to 
Mess 8 - Hazeltine, Shaw & Follett to join a Committee from the Council. 
Attest M. Post Clerk," and the same being read, Resolved That M r - 
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 d - 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 th 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 r Chipman join said Committee on this Petition. 

Received from the House of Representatives the Petition of Benj a 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 17 th ' 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 House of Representatives a Petition from the Town 
of Pawlet, praying that the town lines between that town and Rupert 
maybe Established, with this order thereon: "In General Assembly 
Oct. 15, 1808. Read and referred to Mess 8 - Pratt, Emerson & Prindle to 
join a Committee from Council. Attest M. Post Clerk," and the same 
being read, Resolved, That M r 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 Committee of suspension. Attest M. Post Clerk," and the 
same being read, Resolved, That M r - Chipman join the Committee of 
suspension on this Petition. 

His Excellency the Governor, accompanied by the L 4 - 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. 1 

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 r - Governor; His Honor 
Paul Brigham Esq r - I> Governor; Of the Council, The Hon ble Elias 
Keyes, Chauncey Langdon, Daniel Chipman, Zerah Willoby, Asa Lyon, 
Solomon Miller, Reuben Hatch, Daniel Dana, and John Ellsworth Es- 
quires; William Page Jun r - Secretary, Joseph Armington Sheriff. 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 d by the Court aforesaid, on the said Jo- 
siah Hathaway, be remitted — The yeas & nays being required by M r - 
Chipman were as follows, to wit: Yeas, Gov r - Brigham, M r Keyes, M r - 
Langdon, M r Chipman, M r - Miller, M r - Willoby, M r - Lyon, M r - Dana and 
M r - 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 Sheriff of our 
County of Windsor, and all other persons concerned will take due no- 
tice hereof and govern themselves accordingly. 

Attest William Page J r - Secv- 

Adjourned to 2 O'clk P. M. 

2 Oclock P. M. — Received from the house of Representatives the 
following resolution: u In General Assembly October 17, 1808, on mo- 
tion of M r - Rich, Resolved that a Committee of three be appointed from 
this House, to join such Committee as the Governor and 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 8 - T. Hutchinson, Edmond & Olin. Extract from the Jour- 
nals, Attest M. Post Clerk," and the same being read, Resolved, That 
M r 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 

1 For the speech see Appendix A. 



196 Governor and Council — October 1808. 

Entitled an act defining what shall make a legal settlement &c." with 
this new order thereon: "In General Assembly Oct. 17, 1808, Read & 
referred to Mess 8 - Luce, Olin & Hinman to join a Committee from the 
Council. Attest M. Post Clerk," and the same being read, Resolved, 
ThatM r - Langdon join said Committee of the house. 

Received from the house of Representatives the Petition of John & 
James I. Winans concerning a Steam Boat on Lake Champlain, with 
this order thereon: "In General Assembly Oct. 17,1808, read and re- 
ferred to Mess 8 - N. Chipman, G. Robinson & Pratt to join a Committee 
from Council. Att. M. Post Clerk," and the same being read, Resolved, 
That M r - Elsworth join the above Committee of the house. 

Received from the House of Representatives a Petition from sundry 
Inhabitants of Cornwall, praying 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 8 - Rich, Gardner & Graves, 
to join a Committee from Council. Attest M. Post Clk." and the same 
being read, Resolved, That M r - Lyon join said Committee of the house. 

Received from the house of Representatives, a Bill referred from the 
last Session of the Legislature, Entitled "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 8 - 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 r - Willoby 
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 appointing a Committee 
to lay out a Post Road from the Court House in Middlebury to the 
North line of Huntsburgh" [Franklin,] with this order thereon: "In 
General Assembly Oct. 17, 1808, Read & referred to Mess 8 - Shafter, Pit- 
kin & Asa Smith to join a Committee from Council. Attest M. Post 
Clerk," and the same being read, Resolved, That M r - Dana join the 
above Committee of the house. 

Received from the house of Representatives, a Petition from Sundry 
Inhabitants of Newfane, praying to be annexed to Townsend, with this 
order thereon: " In General Assembly Oct. 17, 1808, Read & referred to 
Mess*- A. Robinson, John Dodge & Duncan to join a Committee from 
Council. Attest M. Post Clk." and the same being read, Resolved, 
That M r - Keyes join the above Committee of the house. 

Received from the house of Representatives the Petition of Clark 
Rogers, respecting the collection of the State Prison Tax on Hunts- 
burgh, with this order thereon: "In General Assembly Oct. 17, 1808, 
Read & referred 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. 

Received from the house of Representatives the Petition of Ebenezer 
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 each : 
"In General Assembly Oct. 17, 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. 

Received from the House of Representatives the Petition of Isaiah 
Sanford, First Constable of Monkton, for relief in a mistake made in the 
Grand list of said town, the Petition of the Selectmen 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 tax, with this order on each: "In General 



Grwernor and Council — October 1808. 197 

Assembly Oct. 17, 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. 

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, Resolved, To concur with the house in their 
said reference. 

Received from the House of Representatives the Petition of the 
Directors of the Weathersfield Turnpike Company, praying that the 
time limited by the act of Incorporation for completing said road might 
be extended, with this order thereon: "In General Assembly Oct. 17, 
1808, Read and 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 House of Representatives the Petition of the 
Inhabitants of the town of Arlington, praying an alteration in the 
Statute of limitations, with this order thereon: "In General Assembly 
Oct. 17, 180S. Read & referred to Mess 8 - Rich, D. Clapp & Hunter to 
join a Committee from Council. Attest M. Post Clerk," and the same 
being read, Resolved that M r 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 State against him, and a Petition from Nathan Fletcher Jun r - and 
Lewis Pratt [for relief] in a suit against them in favor of the State, as 
bail for Nathan Dean Jun r - with this order 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 9 O'clk Tomorrow morning. 



Tuesday October 18 th ' 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, 1808. Resolved, the Governor and 
Council concurring herein, 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 ballot 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 Stebbius 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 r - 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 & ordered to 
lie on the table. Called up and referred to the third joint land tax 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 [Wittum,] 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 8 - Wheatley, 
Brown & J. Fuller to join a Committee from Council. Attest M. Post 
Clerk," and the same being read, Resolved, That M r - 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 8 - L. Hall, P. Smith 
& Hazleton [Hazeltine] to join a Committee from Council. Attest M. 
Post Clerk," and the same being read, Resolved, That M r - Chittenden 
join the above Committee of the house. 

In Council, at Montpelier, October 18, 1808. 

Present, His Excellency Isaac Tichenor Esquire Governor ; His 
Honor Paul Brigham Esq r - I> Governor; of the Council, The Hon ble 
Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon Miller, Asa 
Lyon, Zerah Willoby, Reuben Hatch, Daniel Dana, and John Elsworth, 
Esquires. William Page Jun r - Secretary ; Jos. Armington, Sheriff. 
The Governor & Council took under consideration the Petition of Seth 
Payne, stating that, at the Supreme Court of Judicature begun & held 
at Danville within & for the County of Caledonia on the third Tuesday 
next following the fourth Tuesday of August A. D. 1807, he the s d 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 d Seth Payne, by the Court aforesaid, be remit- 
ted and pardoned ? the yeas & nays being required were as follows, to 
wit : Yeas, none ; Nays. Gov. Brigham, M r - Keyes, M r - Langdon, M r - 
Chipman, M r - Miller, M r - Lyon, M r - Willoby, M r - Hatch, M r - Dana and 
M r - 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 d of the said Seth Payne be not remitted and pardoned, and that 
the s d 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 Vergennes 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: u 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 nd 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 Esquire 
appeared in the Council Chamber, signified his acceptance of the 
office 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 th > 1808, 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 nouses 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 th line Thursday instead of Wednesday, and 
in the 10 th line Friday 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 M 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. 
Post Clerk," and the same being read, Resolved, To concur with the 
house therein, with this proposal of amendment, u in the 4 th line erase 
"Wednesday," and insert "Thursday." Ordered, That M r - Lyon in- 
form the house 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 1 - 
Bosworth Ju r - praying relief on an Execution in favor of the State 
against him, with this order thereon: " In General Assembly Oct. 18, 
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. Also, a Petition for a 
land Tax on Bristol, with this order thereon: " In Gen 1 - Assembly Oct. 
18, 1808, Called up 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 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, 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, A Petition from the town of Wells, relating 
to their public lands, with this order thereon: " In General Assembly 
Oct. 18, 1808, read & referred to the joint Committee on the 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. 
Also, A Petition for the grant of a Turnpike road from Norwich to 
Chelsea, and one for a Turnpike road 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 being 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, Read and referred to Mess 8 - Stan- 
ley, Gardner & Fox to join a Committee from Council. Attest M. Post 
Clerk," and the same being read. Resolved, That M r - 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, 1808. Called up and referred to Mes 8 - Olin, D. Smith 
& Saxton to join a Committee from Council. Attest M. Post Clerk." 
and the same being read, Resolved, That M r - 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 Assembly Oct. 18, 1808, read & referred to Mess 8 - G. Rob- 
inson, Newell & P. Child to join a Committee from Council. Att. M. 
Post Clerk," and the same being read, Resolved, That M r - 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 8 - A. Chamberlin, Hammond & Barney to join a Committee from 
Council. Attest M. Post Clerk," and the same being read, Resolved, 
That M r 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 r Luce, D. Dana & Brown to join 
a Committee from Council. Attest M. Post Clerk," and the same be- 
ing read, Resolved, That M r - Buckingham join the above Committee of 
the house. 

Received from the house of Representatives the Petition of Charles 
Bulkley and others, praying relief as Trustees of Montpelier academy, 
with this order thereon: "In General Assembly Oct. 18, 1808, read & 
referred to Mess 8 - Ware, Putnam & Lynde to join a Committee from 
Council. Attest M. Post Clerk," and the same being read, Resolved, 
That M r - Keyes join the above Committee of the house. 

Received as above a bill referred from the last session of the 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 8 - Collins, Pratt, Farrington. Barnard & S. Wallace to 
join a Committee from Council. Attest M. Post Clerk," and the same 
being read, Resolved, That M r - Willoby & M r - Dana join ihe above 
Com ee 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 constituting 
the Supreme Court of Judicature &c. with this new order thereon: "In 
General Assembly Oct. 18, 1808, read & referred to Mess 8 - Griswold, 
Edmond & Marvin to join a Committee from Council. Attest M. Post 
Clerk," and the same being read, Resolved, That M r - Ellsworth join 
the above Committee of the house. 

Received as above, a bill referred from 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, 1808, Called up & referred to Mess 8 - Linsley, Patrick and Olin to 
join a Committed from Council. Attest M. Post Clerk," and the same 
being read, Resolved, That M r - 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. 18, 1808, Read & referred to 
Mes 8 - Cameron, Kinne [Kinney,] Thompson, Hinman & Dewey to join 
a Committee from Council. Attest M. Post Clerk," and the same 
being read, Resolved, That M r - Langdon and M r - Hatch 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 concerning the public 
lands of Deweysburgh, and a Petition accompanying the same, with 
this order on each: "In General Assembly Oct. 18, 1808, Read & refer- 
red to Mes 8 - W. Chamberlin, Cahoon, & Palmer to join a committee 
from Council. Attest M. Post Clerk," and the same being read, Re- 
solved, That M r - Buckingham join the above Com ee 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 m - H. Woodward, 



202 G-overnor and Council — October 1808. 

t 
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, Bead & Referred to Mess 8 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 r - Lyon join the 
above Commitee of the house. Also, The Petition & Remonstrance of 
Elias Buell against the proceedings of the Militia stationed at Burling- 
ton, and praying relief, with this order thereon: "In General Assembly 
Oct. 19, 1808, Read & referred to Mess 8 - Morris, Cameron & Rich, to 
join a Comm e of the Council. Att. M. Post Clerk," and the same be- 
ing read, Resolved, That M r - 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: l '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 8 - Water- 
man, Blodget & Going to join a Committee from the Council. Attest 
M. Post Clerk," and the same being read, Resolved, That M r - 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 8 - 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 r - 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 th > 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 8 - P. Smith, 
Dewey & Norton, to join a Committee from the Council. Attest M. 
Post Clerk," and the sauie being read, Resolved, That M r - Chittenden 
join the above Com ee of the house. One, from the Selectmen of the 
Town of Waterford, praying for an act to legalize their town records, 
with this order thereon: "In General Assembly Oct. 19, 1808, Read & 
referred to Mess 8 - Aldrich, Fisk & E. Walker to join a Conr 3 from the 
Council. Attest M. Post Clerk," and the same being read, Resolved, 
That M r - 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: "In 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 : u 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," arid the 
same being read, Resolved, To concur with the house in theif said refer- 
ence. Also, two for land Taxes on Lutterloch & Coventry, 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 ee - 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 Weathersfield against granting a Turnpike road from 
Springfield to Chester, with this order thereon: u 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 
said 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 Randon 
[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 G-overnor and Council — October 1808. 

Att. M. Post Clk." and the same beiDg read, Resolved, To concur with 
the house in their said reference. 

The Committee to whom was referred the bill Entitled "an act altering 
the name of Elijah Stebbins Johnson to that of Lovwell Johnson," 
reported that the same ought to pass, which report was not accepted, 
and on motion of M r - Langdon, Resolved, To nonconcur with the house 
in passing the same into a law, and Ordered, That M r - Langdon inform 
the house of the reasons of the Governor & Council for such nonconcur- 
rence. Th£ same bill was directly returned from the house of repre- 
sentatives, again passed, & sent up for revision and concurrence or 
proposals of amendment, and on motion, Resolved, To concur with the 
house in passing said bill into a law. 

Adjourned to 2 O'clk 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 resolution appointing a time for the election 
of a Senator, And the resolution appointing a time for the election of the 
Judges of the Supreme Court, And the resolution appointing a time for 
the Legislature to meet in County Conventions for the nomination of 
County officers, and in Joint Committee for the Election of such Officers. 
Extract from the Journals. Att. M. Post Clerk." 

M r - Hutchinson, from the house, informed the Governor and Council 
that the house of Representatives were now ready in their room to pro- 
ceed to ballot for a Senator to Congress, according to the concurrent 
resolution of both houses. Ordered, That the Secretary inform the 
house of Representatives that the Governor & Council are also ready in 
their Chamber to proceed to ballot for a Senator to Congress according 
to the concurrent resolution of both houses. 

Resolved, That the Governor and Gouncil do now proceed to ballot 
for some suitable person as Senator, to represent this State in the Con- 
gress of the United States for six years from and after the third day of 
March next, pursuant to the concurrent resolution of both houses. And 
the ballots being taken, sorted & counted, The Hon ble Daniel Chipman 
Esquire had a majority of all the votes and was declared duly elected on 
the part of the Council. M r Hutchinson, from the House of Represent- 
atives, informed the Governor and Council that the House had com- 
pleted balloting for a Senator &c. and were now ready to meet the Gov- 
ernor & Council in the Representatives' room for the purpose of com- 
paring nominations and proceeding agreeably to law. The Governor 
and Council accordingly proceeded to the Representatives' room, when 
the above proceedings of the Governor & Council were read by their 
Secretary, and also the proceedings of the House of Representatives as 
follows by their Clerk: k ' In General Assembly Oct. 20, 1808, Pursuant 
to the concurrent resolution of both houses of the 19 th Instant, the Gen- 
eral Assembly proceeded to ballot for a person to represent this State in 
the Senate of the United States for six years from and after the third 
day of March next. The ballots being taken, sorted & counted, The 
Hon 1 Jonathan Robinson Esq 1 "- was duly elected on the part of the Gen- 
eral Assembly. Extract from the Journals, Attest M. Post Clerk." 
And it thereupon appearing that the two houses differed in their nomin- 
ations, both branches then proceeded in joint Committee to ballot for 
some suitable person as Senator as aforesaid. And the ballots being 
taken, sorted & counted, The Hon 1 - Jonathan Robinson Esquire had a 
majority of all the Votes and was declared duly elected. The Gover- 
nor & Council then met the house in joint Committee, pursuant to the 



Governor and Council — October 1808. 205 

concurrent resolution of both houses, for the purpose of electing Judges 
of the Supreme Court of Judicature & Court of Chancery for the year 
ensuing, and the ballots being taken, sorted & counted, The Hon 1 - 
Royall Tyler Esq r - was duly elected Chief Judge, and Hon 1 - Theophilus 
Herrenton [Harrington] & Jonas Gaiusha Esquires Side or Assistant 
Judges. The Governor & Council then returned to their Chamber. 

The Hon 1 - Samuel Fletcher Esq 1- - appeared in the Council Chamber, 
signified his acceptance of the office 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 21*- 1808, 9 O'clk 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, and met the house 
in joint Committee to receive the nominations of County officers and 
make the appointments of the same, and also to elect a Surveyor Gen- 
eral, and having progressed in the same, the joint Committee was ad- 
journed untill Wednesday morning next, at the opening of the house. 1 

Received from the house of Representatives the Petition of Mitchell 
Corliss, praying for an act to suspend civil process against him for the 
term of seven years, and one from W m - Champlin for an act to suspend 
civil process against him for five years, with this order on each: wt In 
General Assembly Oct. 20, 1808, Read & 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 House of Representatives sundry Petitions, to wit, 
One for a land tax on Kingston [Granville,] with this order thereon: 'In 
General Assembly 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 Bank at S l - Albans, with this order 
thereon: u In General Assembly Oct. 20, 1808, Read and referred to the 
joint Committee on the bill in addition to an act establishing 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 of a laud tax, with this 
order thereon: "In General Assembly Oct. 20, 1808, Read and referred 
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 sundry Inhabitants of 
Richmond for an alteration in the Winooski Turnpike Road; One for a 
Turnpike road from Shoreham to Burlington; an act in addition to and 
alteration of an act establishing the Windham Turnpike Company &c. ; 
and an act in addition to and alteration of an act supplementary to an 
act incorporating certain persons by the name of the Weathersfield 
Turnpike Company, with this order on each: '* In General Assembly 
Oct. 20, 1808, Read and 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. Also, The Petition 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 

1 Joseph Beeman 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, Read 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 8 - 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 
subject. Attest M. Post Clerk," and the same being read, Resolved, 
That M r - 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 8 - 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 a - Ormsby deceased, with 
this order thereon: "In General Assembly Oct. 20, 1808, Read and re- 
ferred to Mess 8 - T. Hutchinson, Hunter & Flagg, to join a Committee 
from the Council. Attest M. Post Clerk," and the same being read, 
Resolved, That M r - 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 
accompanying Papers, to Mess 8 - Barney and Luce to join a Committee 
from the Council. Attest M. Post Clerk," and the same being read. 
Resolved, That M r - Fletcher & M r - Hatch join said Com e 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 a - 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 joint Com- 
mittee 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, The Petition of Benj a - 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 1 - 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 8 - Fergu- 
son, Hoyt & Shepard to join a Committee from the Council. Attest M. 
Post Clerk," and the same being read, Resolved That M r - 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 to the 



G-overnor and Council — October 1808. 207 

joint Turnpike 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 Brigham Esq r - J> Governor; Of the Council, 
The Hon ble - Elias Keyes, ChaunceyLangdon, Daniel Chipman, Solomon 
Miller, Zerah Willoby, Asa Lyon, Samuel Fletcher, Reuben Hatch, 
Jed. P. Buckingham, Daniel Dana, John Elsworth & Noah Chittenden, 
Esq"- William Page Jun r - Sec^- Jos. Armington Sheriff. 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 be whipped thirty nine stripes, and pay a fine of ten dol- 
lars with costs of prosecution, that the s d - whipping has been inflicted, 
and the s d - fine and costs secured, that the s d - 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 afores d conviction and 
infamous Punishment. And after hearing evidence on the part of said 
Petitioner and Counsel in his behalf, on motion of. M r - 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 nd . 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 rti 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 8 - Galusha, Danforth & Graves to join a Com- 
mittee from Council. Attest M. Post Clerk," and the same being 
read, Resolved, That M r - 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, 1 with this order thereon: "In General 
Assembly Oct. 21, 1808. Read and referred to Mess 8 - Barney, Camp- 
bell, & R. Parker to join a Committee from Council. Attest M. Post 
Clerk." and the same being read, Resolved, That M r - Fletcher join the 
above Committee of the house. 

Received from the house of Representatives an act directing the 
Treasurer to pay Benj a - Miner Ju r - the sum therein mentioned, with 
this order thereon: "In General Assembly Oct. 21, 1808. This bill was 
brought in on motion & leave of M r Rich, 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. 

1 Not the admiral, but a Scotchman of Rhode Island. 



208 Governor and Council — October 1808. 

Received from the house an account in favor of Joseph Edson against 
the State, with this order thereon: "In General Assembly Oct. 21, 
1808. Read & referred to the joint Committee on the Petition of Sam 1 
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: u 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 reference. Also The 
Petition of John B. Catlin & W m - Puller 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 Petition of E. Beards- 
ley & E. Hatch for the exclusive privilege of keeping a ferry from 
Middle Hero to North Hero, with this order thereon: "In General 
Assembly Oct. 21, 1808. Read & Referred to the joint Committee on 
the Petition of Benj a - Bell. Attest M. Post Clerk," and the same being 
read, Resolved, To concur with the house in their said reference. 

In Council, at Montpelier, October 22, 1808. 
Present, His Honor Paul Brigham, Esq 1 "- 1> Governor; Of the Council, 
The Hon ble - Elias Keyes, Chauncey Langdon, Daniel Chipman, Solomon 
Miller, Zerah Willoby, Asa Lyon, Samuel Fletcher, Reuben Hatch, Jed. 
P. Buckingham, Daniel Dana, and Noah Chittenden, Esquires. Wil- 
liam Page, Jun r - Secretary, Jos. Armington, Sheriff. The L\- Governor 
and Council took under consideration the Petition of Beniah Wood- 
ward, stating that at an adjourned term of the Supreme Court of Judica- 
ture begun & held at Woodstock, within & for the County of Windsor 

on the day of September A. D. 1807, the said Petitioner was tried 

& convicted on an indictment for passing counterfeit Bank Bills, and 
was then and there sentenced by said Court among other things to be 
whipped on the naked back thirty nine stripes, to be imprisoned two 
years, pay a fine of ten dollars, together with costs of prosecution taxed 
at $36. 87"', and stand committed untill sentence be complied with; that 
the corporeal part of said punishment has been inflicted upon said Peti- 
tioner,* that by repeated misfortunes he is reduced to indigent circum- 
stances, that his health is much impaired by long confinement, that his 
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 the s d - Petitioner, being seduced by 
evil minded men, had just commenced the nefarious traffic for which he 
now suffers, and that in the whole course of his life he had never passed 
more than fifteen dollars of counterfeit money; and Praying this Honor- 
able 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 & cost aforesaid. And, on the question, 
shall the remainder of the imprisonment, imposed as afores d » by the 
Court afores d > on the s d Beniah Woodward, be pardoned & remitted, 
The Yeas & nays being required, were as follows, Yea, M r - Willoby — 1. 
Nays. M r - Keyes, M r - Langdon, M r Chipman, M r Miller, M r - Lyon, M r - 
Fletcher, M r - Hatch, M r - Buckingham, M r - Dana & M r - Chittenden — 10. 
Whereupon 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 
afores d ' imposed by the Court afores d » on the s d Beniah Woodward be 
not pardoned & remitted, and on Motion, It is further Ordered, That 
the said Petitioner have leave to withdraw 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 in passing said bill into a law. 

Received from the house of Representatives sundry Petitions, to wit, 
The Petition of John Scott & W m - Spencer for an act of Insolvency, 
with this order thereon: "In General Assembly Oct. 22, 1808, Read & 
referred to Mess 8 - 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 r 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 
Clerk," 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 1- - 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 1 "- 22, 1808, Read and referred to the joint Committee, 
on the Petition of Sam 1 - 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 th « 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 8 - 
Morris, Gaboon & Norton. Extract from the Journals, Attest M. Post 
Clerk," and the same being read. Resolved, That M r - 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 r - Norton, read & referred to the joint Committee on 
that part of the Governor's speech relating to the Militia. Extract 

u 



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 1 - 
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 1 - 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 Hubbardton Turnpike Company, praying 
that the toll on pleasure carriages may be lowered, with this order 
thereon: u In General Assembly Oct. 22, 1808. Read & referred to 
Mess 8 - Rich, Fisk & Crowley to join a Committee from Council. Attest 
M. Post Clerk," and the same being read, Resolved, That M r - Langdon 
join the above Com e 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 M. 
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 8 - Hubbard, J. Clapp & Willoughby to join a Com- 
mittee from the Council. Attest M. Post Clk." and the same being 
read, Resolved, That M r -Willoby join the above Committee. 

Adjourned to 9 O'clock Tomorrow morning. 



Tuesday October 25 th ' 1808, 9 Oclock A. M. 

The Council met pursuant to adjournment. 

Received again from the house of Representatives the Petition of Mary 
Giles, with this new order thereon: "In General Assembly Oct. 24, 
1808. Report read and accepted. Yote reconsidered & the Petition 
recommitted to the same joint Committee. Attest M. Post Clerk," and 
the same being read, Resolved, To concur with the house in their said 
recommittment. t 

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 r - 
Surveyor General against the State, with this order thereon: "In Gen- 
eral Assembly Oct. 24, 1808. Read & referred to the joint Committee 



G-overnor 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 Charaplin from 
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 tlie 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 8 - Chipman & Langdon. 

The following bills, passed in the house of Representatives, were sent 
up for revision" and concurrence or proposals of amendment: "An act 
altering 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 the 
payment of several sums of money advanced on account of several State 
prisoners, with this order thereon: "In General Assembly Oct r - 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 laying a Tax 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 r - Bailey, 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 8 - Crowley, Taber & J. Leach, 
to join a Committee from the Council. Attest M. Post Clk." and the 
same being read, Resolved, That M r - 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 r - 
25, 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. * 

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 having 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 G-overnor and Council — October 1808. 

2 O'clock P. M.— The Hon ble - Koyall Tyler appeared in the Council 
chamber and took the necessary oaths as Chief Judge of the 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 r - 26, 1808, Read and recommitted to the joint Turnpike Com- 
mittee for the purpose of filling the blanks. Attest M. Post Clk." and 
the s d 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 r - Amos Marsh & M r - Bates Turner 
were admitted and heard as counsel on the part of said Dean. The 
yeas & nays being required on the passage of said bill, with the amend- 
ments proposed, were as follows: Yeas, M r - Langdon, M r Miller, M r 
Willoby, M r - Fletcher, M r - Dana & M r - Elsworth— 6; Nays, M r - Brigham, 
M r - Keyes, M r - Chipman, M r Lyon, M r - Hatch, M r - Buckingham & M r - 
Chittenden — 7 : so the s d bill was nonconcurred 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 th - 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 r Brigham, 
M r - Keyes, M r - Miller, M r Willoby, M r Hatch, M r - Fletcher & M r - 
Buckingham — 7; Nays, M r - Langdon, M r - Chipman. M r Lyon, M r - Dana, 
M r Elsworth & M r - Chittenden — 6: wnereupon Resolved, To concur 
with the house in passing said bill into a Law, with these proposals of 
amendment: "In the I s * Section, 5 th line, erase the words "last Friday 
of February," and insert "second Friday of November;" erase from the 
word "next" in the 5 th line of same section to the word "and" in the 
15 th line, and insert in lieu thereof, "and on the said second Friday of No- 
vember between the hours often in the forenoon and three in the after- 
noon of said day, the said Sheriff of Chittenden County for the time 
being, or the High Bailiff, 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 d Section, erase in the 8 th & 
13 th 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 r - Brigham acquaint the house with the 
reasons of Council in proposing said amendments. l 

l 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 again from the house of Representatives the Petition of N". 
Fletcher J r - & Lewis Pratt, with this new order thereon: "In General 
Assembly Oct r - 26 th - 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 r - & others, with this new order on each: " In General Assembly Oct r - 
26, 1808, Received from the Committee of claims and referred to the 
joint Committee on the Petition of Sam 1 - Frizzle. Attest M. Post 
Clerk," and the said order being read, Resolved, To concur 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 r - 26 th » 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 r - 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 r - 27, 1808. Present His Excellency 
Isaac Tichenor Esquire Governor; His Honor Paul Brigham Esquire 
L*- Governor; Of the Council, The Hon le Elias Keyes, Daniel Chipman, 
Chauncey Langdon, Asa Lyon, Zerah Willoby, Samuel Fletcher, Reu- 
ben Hatch, Jedediah P. Buckingham, Samuel Miller, Daniel Dana, John 
Elsworth and Noah Chittenden Esquires. William Page Jun 1 *- Secre- 
tary. The Governor & Council took under consideration the Petition 
of David Sheffield, stating that at the session of the Supreme Court of 
Judicature, specially holden at Burlington within & for the County of 
Chittenden on the 23 d 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 offence — and after hearing the Counsel 
in behalf of the said Petitioner, it was Ordered, unanimously, that the 
said Petition be dismissed. 1 

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," was sent up for revision and con- 
currence or proposals of amendment, and the same being read, Ordered, 
That it be referred to M r - 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 r Chipman obtained leave to introduce a bill Entitled 
" an act in addition to an act Entitled an act appointing a Committee to 

1 Sheffield was one of the crew of the smuggling vessel "Black Snake." 



214 Governor 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 ti the General 
Assembly for their concurrence. 

Received again from the house of Representatives a Petition from the 
Inhabitants of Pittsfield with this new order thereon: "In General 
Assembly Oct r - 27, 1808, recommitted to the first joint land Tax Com ee - 
Attest M. Post Clerk," and the s d order being read, Resolved, To 
concur with the house in their said recommitment. On motion, M r - 
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 r « 24 th » 1807," and the same 
being read, Resolved, That the same be referred to M r - Chipman to join 
a Committee from the General Assembly. 

Adjourned untill 9 O'clock Tomorrow morning. 



Friday, October 28 th - 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 r - 27, 1808, 
This bill was bro* in on motion & leave by M r - 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 lrom 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 1 Assembly 
Oct r - 27, 1808, This bill was brought in ou motion & leave by M r 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 r - 27, 1808. This bill was brought in, on motion & leave by M r - 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 
house in their said reference. 

On Motion, M r Langdon obtained leave of absence untill Wednesday 
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 lav 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 1 "* 28,1808. Read and 



Governor and Council-^ October 1808. 215 

referred to Mess 8 - Pratt, Otis & E. Walker to join a Committee from the 
Council. Attest M. Post Clerk," and the same being read, Resolved, 
That M r 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 State, with this order of the house thereon: "In General 
Assembly Oct r - 28, 1808. Read and referred to the joint Committee on 
the Petition of Samuel Frizzle. Mes 8 - priswold and T. Hutchinson ex- 
cused from said Committee and Mes 8 - 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 r - 
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 &c. viz. "An act to revive and continue 
an act Entitled an act laying a tax of one cent & five mills per acre on 
Enosburgh Gore, passed Oct r - 26, 1807," "An act in addition to an act 
laying a tax of two cents per acre on the town of Stamford, passed Oct. 
2b, 1807," and "An act to discharge Nathan Fletcher Ju r - & Lewis Pratt 
from the payment of a sum of money therein mentioned," and the same 
being severally read, Resolved, To concur with the house in passing 
said bills into laws. 

On Motion, Ordered, That Gov 1 "- Brigham join the Committee of Sus- 
pension, in the room of M r - 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 the Treasurer 
to credit Joshua Barron Jun r - 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 1 , passed Oct r - 20, 1807," and "An 
act in addition to an act constituting and appointing a Company of Vol- 
unteers in Pummerston," 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 referred to M r - 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.gTovvnsliip of Pittsfield/passed Nov. 5, 1807," and the same being 
read, Ordered, That it be referred to Gov. Brigham, 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 r - 
29, 1808, This bill was bro* in on motion & leave by M r Fyler, read and 
referred to the third joint land tax 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 the house of Representatives A 
bill Entitled an act to repeal an act therein mentioned, with this order 
thereon: "In General Assembly Oct r - 31 *• 1808, This bill was bro* in on 
motion & leave by M r - 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 opder thereon: "In General As- 
sembly Oct r - 31 st * 1808, This bill was bro* in on motion & leave by M r - 
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 r - 3L*' 1808, Read & Referred to the joint Committee on new 
Trials 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 Ent ld 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 r - Sl^lSOS, This bill 
was bro* in on motion and leave by M r - Wetherbee, 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 Oct 1- - 31, 1808, Referred 
to the joint Committee on Claims. Attest M. Post Clerk," and the s d 
order being read, Resolved, To nonconcur with the house in said refer- 
ence, and Ordered That M r - 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 Wittum & Witherell Wittum 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 s d 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 Legislature 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 r G. Robinson, read & referred 
to Mess 8 - 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 e of the house. 

The following Engrossed bills, passed in the house of Representatives, 
were sent up for 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- ih Colchester, to unite 
their schools;" ''An act to revive an act laying a tax of three cents per 
acre on Huntsburgh, passed the 29 th Day of Oct r - 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 th 1807;" "An act in addition to an 
act Entitled an act to revive aland tax on the town of Middlesex, passed 
Oct r - 27, 1807," and " An act directing the Treasurer to pay the sums 
therein mentioned," and being severally read & considered, Resolved 
To concur with the house in passing them respectively into laws. 

In 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 ble Daniel Chipman, Solomon 
Miller, Asa Lyon, Zerah Willoby, Samuel Fletcher, Reuben Hatch, Jed. 
P. Buckingham, Daniel Dana, John Elsworth and N6ah Chittenden 
Esquires: William Page Jun r 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 d as to 
restore him to the priviledge of giving testimony under oath in Courts 
of law; and, after evidence in support 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 the sum therein mentioned;" "An act directing the Treasurer to 
pay to Enos Silsbee 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 General 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 4 - in on 
motion and leave by M r - Eddy, read & referred to Mess 8 - Potter, Durfey 
& Ormsbee, to join a Committee from the Council. Att. M. Post Clk." 
and the same being read, Ordered, That M r - Miller join the above Com- 
mittee of the house. 

Received from the house of Representatives a bill Entitled An act 
directing an endorsement on a certain note payable to the State's Treas- 
urer, with this order thereon: "In Gen 1 - Assembly Nov. 1, 1808. This 
bill was bro 4 - in on motion & leave by M r - Brown, read & referred to the 
joint Committee on the Petition of Sam 1 - 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 privilege of building a toll bridge over Missisquoi River in 
Swanton," and the same being read, Ordered, That they be referred to 
M r - Chipman to report amendments. 

The Committee on the bill Entitled "An act extending the time of 
the collection of the cent tax 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 Hardwick," and "an act 
reviving an act laying a tax 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 accounts 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 r - Chittenden join the Turnpike Com- 
mittee on the part of the Council, in the room of M r - 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: 'iln General Assembly Nov. 2, 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 again from the house of Representatives the Petition of 
Benj a - 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 r - Buckingham & M r - 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 d from the house of Representatives: 
" In General Assembly Oct r - 31, 1808, Resolved, the Governor & Coun- 
cil concurring 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. u An act 
directing the Treasurer to credit Benjamin Miner Jun r - 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 act laying a tax of 
two cents per acre on the town of Lutterloh," and the same being sev- 
erally read, Resolved, To coucur 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: u In General Assembly Nov. 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 1 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 1 in on motion and leave by M r 
John Duncan, read and referred to M r Olin, Chipman and Stanley, to 
join a Committee 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," was sent up for revision &c. & being 
read, Ordered, That the same be referred to M r - 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 
concurring herein, that our Senators and Representatives in the Con- 
gress of the 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 Governor and Council —November 1808. 

same, for the use of the Militia of this State. And that if such loan be 
obtained, the Commissary General of 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- 
rence. Extract from the Journals, Attest M. Post Clk." and the 
same being read, Resolved, 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 a Club" in the title, 
in the 7 th - line 1 st - Section & 8 th - line 2 d - Section and insert the word 
"Company." In the 1 st - Section, 19 th - line, erase the words "like pur- 
poses," & insert the words u the purpose of securing buildings and other 
property from destruction by fire. 

Adjourned untill 9 O'clock Tomorrow morning. 



Friday November 4 th ' 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 making 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," 1 and being severally read, Resolved to con- 
cur with the house in passing them into laws. 

Received again from the house of Representatives, the petition of 
W m - 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 
sard 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 r - Miller. 

1 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. 



Governor and Council — November 1808. 221 

Keceived 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 r - 3, 
1808, This bill was bro* in on motion & leave by M r Fyler, & referred to 
the third joint land Tax Committee. Attest M. Post Clerk," and being 
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 r 1, 1808, Report read, accepted and Petition dsimissed. Nov r - 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 r - 21, 1808, Report read & accepted, and leave granted to 
withdraw, the Petition. Nov r - 3, 1808, The vote recorded above recon- 
sidered, and the Petition recommitted to the former joint Com ee - Attest 
M. Post Clerk," and s d 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 States, 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. 1 

2 O'clock P. M. — Received from the house of Representatives this 
resolution: "In General Assembly ]STov r - 3, 1808, Resolved, that a Com- 
mittee of three be 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 d 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 
defining s d crime, and report by bill or otherwise. Members chosen, 
Mes 8 - Griswold, Rich & Jacob Smith. Extract from the Journals, 
Attest M. Post Clerk," and the same being read, Ordered, That M r - 
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 
s d 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 
3rd, 27th & 33rd ii nes erase the word "Academy" and insert "Grammar 
School." In the 14 th & 15 th lines erase "Fairfield academy" and insert 
"Franklin County Grammar School in Fairfield." In Section 3 rd line 3 d 
erase "said academy" & insert "the house now built for the accommo- 
dation of said school." Ordered, That M r - Willoby inform the house 
of the reasons of Council in proposiug 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- 

1 Israel Smith, Jonas Galusha, John White, Samuel Shepardson 
James Tarbox, and William Cahoon were appointed electors. 



222 Governor and Council — November 1808. 

tioned," with this order thereon: "In General Assembly, Nov r - 4, 1808, 
This bill was bro* in on motion & leave by M r - 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 a - Parker deceased, with this order 
thereon: "In General Assembly Nov r - 4, 1808, Introduced by M r Pliny 
Smith, read & referred to Mess 8 - Hammond, A. Thompson and Fox to 
join a Committee from Council. Attest M. Post Clerk," and the same 
being read, Ordered, That M r - Langdon join the above Com e 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 r Chipman, Resolved, The General Assembly 
concurring herein, that this bill be referred to the next session of the 
General Assembly, & Ordered, That M r - 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, & the Oath of office was administered to him by the Governor. 

Received from the house of Representatives an acct. ag l the State in 
favor of Daniel Staniford & others, with a number of accompanying pa- 
pers, with this order thereon: "In General Assembly Nov. 4, 1808, Read 
& Referred to Mes 8 - Potter, F. Child, Linsley, Rich & Hammond to 
join a Committee from Council. Attest M. Post Clerk," and the same 
being read, Ordered, That.M 1 "- Elsworth & M r - Buckingham join s d Com e 
of the house. 

The Governor & 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 8 - 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 r - 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 
Pittsfield, 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 r - Chipman on motion obtained leave to introduce a bill Entitled "an 
act to extend tbe time of the completion and approbation of the Centre 
Turnpike Road," and the same being read was referred to M r - 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 r - 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 r 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 d bill into a law, with these proposals of amend- 
ment: In Sec. 1*' line 4 th - erase "their" and insert "any." In the pro- 
visional clause 2 d 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 d line 2 d 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 Sheriff's 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 r Langdon in- 
form the house of the reasons of Council in their proposals of amend- 
ment 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 r - Olin, read & referred to Mess 8 - 
Kinnee, Rising & Jason Duncan to join a Committee from the Council. 
Attest M. Post Clerk," and the same being read, Ordered, That M r - 
Chipman join said Committee of the house. 

On motion, M r Keyes obtained leave of absence for the remainder of 
the session. 



224 Governor and Council — November 1808. 

An Engrossed bill, passed in the house of [Representatives, Entitled 
"an act granting to Ebenezer Marvin Jun r - 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 r - Willoby. 

Adj d - to 2 O'clock P. M. 

2 O'clock P. M— An 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 r - 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 time 
of the stated session of the Legislature of this State 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 r - Chittenden, were as follows, to 
wit: Yeas. M r - Miller, M r - Willoby, M r - Lyon & M r - Chittenden— 4; 
Nays, Gov r - Brigham, M r - Keyes, M r Langdon, M r - Chipman, M r - 
Fletcher, M r - Hatch, M r Buckingham, M r - Dana and M r - 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 th ' 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 thereon: 
"In General Assembly Nov r - 5, 1808, This bill was bro* in on motion and 
leave by M r - F. Child, read & referred to the joint Turnpike Committee. 
Attest M. Post Clerk," and the same being read, Resolved, To 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 Assembly Nov 1 "- 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 r - 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 lay 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 th 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 m 
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 bills being severally read and considered, 
Resolved, To concur with the house in passing them into laws. 

On motion of M r - Lyon, Ordered, That M r - Hatch join the Committee 
appointed by the house on the Petition of Asa Wheelock, [in place of M r - 
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 r - 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 
pass it would interfere with the power which by the third section of our 
Militia 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 officers of the 
15 



226 Governor and Council — November 1808. 

Regiment, as is the case in 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 Williston," & "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: The 
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 body of 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 instance 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 regulation 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 bill 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 d bill into a law, with the proposals 
of amendments thereto annexed, and Ordered, That M r - Chipman inform 
the house of the reasons of Council in proposing said amendments. 

Adj d 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 Poultnej 7 Manufac- 
turing Company;" "An act granting certain privileges to the Fairhaven 
Turnpike Company," and " An act directing the Treasurer to pay 
Thomas Gustin the 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 r 
Farnsworth, read & referred to Mess 8 Farnsworth, Edmond & Rich to 
join a Committee from Council. Attest M. Post Clerk," and the same 
being read, Ordered, That M r - 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 directing the Treasurer to pay to Daniel Oatman the 
sum therein mentioned," and " An act directing the Treasurer to pay 
the sum therein mentioned," and being severally read & considered, 
Resolved, To nonconcur with the house in passing said bills into laws, 
for the following reasons, 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 the 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 d 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 r - 
Dana inform the house of the reasons of Council in proposing the same. 

Adjourned untill 9 O'clock Tomorrow morning. 



Tuesday, November 8 th > 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 bill was bro* in on motion and leave by M r - , read & referred to 

the joint Committee on the Petition of Sam 1 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 Governor 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 th Section, 3 d line, the words "Stafford 
Smith of Bethel," 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 r - Chipman inform 
the house of the reasons of Council in proposing the same. 

Received from the house of Representatives a bill, Entitled An act 
directing the Treasurer 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 1 - Stamford'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 r Lyon, Ordered, That M r Fletcher join the Com- 
mittee appointed by the house on the Petition for a new County, in the 
room of M r Keyes absent on leave. 

The Governor and Council to 3k under consideration the Petition of 
John Fitch Jun r - praying to have a certain fine imposed upon him 
by 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 Governor 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 Road from Derby to Guildhall;" "An act to repeal 
an act directing a suit for the purpose of ascertaining the validity of the 
charter of Wheelock, passed October 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 County road leading from Greensboro to Guildhall," and 
"An act granting a ferry to Ephraim Beardsley and Ebenezer Hatch," 
and said bills being severally read, Resolved, To concur with the house 
in 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 Hubbel's 
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 r - Willoby. 

M r - 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. 5, 1807," and which the Council had 
passed, nonconcurred by the house, and after assigning the reasons for 
such nonconcurrence 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 a post road from Hubbell's Falls, on 
Onion River, to the north line 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 r - Rich added to the former joint Committee. Attest Ij/L. Post Clerk," 
and said order being read, Resolved, To concur with the house in said 
recommittment, and Ordered, that M r - Fletcher be added to the former 
joint Com ee - 

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 & 
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 8 - 
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 r - Lang- 
(lon join the above Committee of the house. 



Governor and Council — November 1808. 229 

An Engrossed 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 th ' 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 r - 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 r - 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 
the 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 1 Bosworth Ju r - " with this order thereon : " In 
General Assembly Nov. 8, 1808, This bill was bro* in on motion & leave 
by M r - Knapp— Nov. 8 th ' read & referred to Mess 8 - J. Dana, Eddy & Put- 
nam to join a Committee from the Council. Attest M. Post Clerk," 
and the same being read, Ordered, that M r - 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 Dewey sburgh," 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 r - 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 r - 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 r - 
Chip man & M r - 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," [State 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, Resolved, To concur with the house in pass- 
ing them respectively into laws. 

On motion of M r Dana, Resolved, The house of Representatives con- 
curring herein, that both houses meet in joint Committee in the Repre- 
sentatives' room on Thursda}^ 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 r - who declines accepting his appointment to said office, and also to 
elect an Auditor of accounts against the State. 

M r 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 r - Pratt return the same & assign the reasons 
of the house. Attest M. Post Clerk," and M r - Pratt' after assigning the 
reasons of the house for insisting upon the passing of said bill, withdrew. 

M r 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 r 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 r Hatch & M r - 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 Vining the sum therein mentioned," and "An 



Governor and Council — November 1808. 231 

act directing the Treasurer of the State of Yermont to pay Amherst 
Willoby & Abijah Stone the sums therein mentioned." 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 e 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 build- 
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 8 - Olin, Cameron & Ware. Extract from the Journals, Att. M. 
Post Clk." and the same being read, Ordered, That M r - 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 r - 
Luce, read and referred to Mess 8 - Luce, Morris & Linsley to join a Com- 
mittee from Council. Attest M. Post Clerk," and the same being read, 
Ordered, That M r - Buckingham join the above Com ee 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 r - 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 State 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 r - Chipman inform the house of the reasons 
of the Governor & Council for their said nonconcurrence. 

Adjourned to 9 O'clock Tomorrow morning. 



Thursday, November 10 th - 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 this house concur with the Gov- 
ernor and Council in their amendment to the bill Entitled " An act in- 



232 Governor and Council — November 1808. 

corporating certain persons therein named by the name of the Swanton 
Missisquoi Bridge Company," and a bill Entitled ''An act incorporating 
certain persons therein named by the name of the Swanton [Sheldon] Mis- 
sisquoi I3ridge 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 Oatman 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 r - Chipman inform the 
house of the reasons of the Governor and Council for proposing said 
reference. , 

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 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 ^he sums therein mentioned ;" "An act 
freeing the Hartford Manufacturing Company from assessment or taxes;" 
"An act to provide for the collection of the State prison tax on Tun- 
bridge Gore," 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. M. Post Clerk," and the same being read, Ordered, That 
said resolution be referred to M r - Hatch to enquire and make report at 
what time 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 r - Chipman inform the house of the reasons of the 
Governor & Council in postponing the same. 

On motion M r 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 th - 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 u an act appointing a Committee 
for the purposes therein mentioned," reported that said bill ought not 
to pass, 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 proprie- 



Governor and Council — November 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-Bar Turnpike;" "An act 
reviving an act laying a tax on Moretown;" "An act in addition to an 
act establishing the Passumpsick Turnpike Conipany;" "An act to 
revive an act laying a tax of three cents per acre on the town of Hop- 
kinville, passed 31 8t 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 pay 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 r - 
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 r - 
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 r - 26, 1807," was 
sent up for revision & concurrence or proposals of amendment, read, 
amended & 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 st line 2 nd page, insert "in full compensation for their ser- 



234 



Governor and Council —November 1808. 



vices, by their assent," & erase after the said words "one copy" to the 
word "And" in the sixth line, same page; and Ordered, That Governor 
Brigham inform the house of the reasons of the Governor & Council in 
proposing said amendments. 

Pursuant to adjournment & also pursuant to the concurrent resolution 
of both houses, the Governor & Council proceeded to the Bepresenta- 
tives' room and met the house in joint Committee for the purpose of 
Electing a Chief Judge of the County Court for Essex County in the 
room of Haines French declined, An auditor of accounts against the 
State for the year ensuing, and Five Visitors of the State Prison, and 
[having] completed the same, the joint committee was dissolved and the 
Governor & Council returned to their Chamber and resumed the con- 
sideration of business before them. 

M r - Hutchinson, from the house, returned the bill Entitled "An act 
in addition to an act Entitled an act to provide for the compilation & 
printing of the laws of this State, passed Oct. 26 th - 1807," to which the 
Governor & Council had made certain proposals of amendment, with 
this order thereon: "In General Assembly Nov. 10, 1808, Read & re- 
solved to nonconcur with the Governor & Council in the amendments 
to this bill, and M r - Hutchinson appointed to return the bill & assign the 
reasons to the Council. Attest M. Post Clerk," and after assigning the 
reasons, M r Hutchinson withdrew, Whereupon, on motion Resolved, To 
rescind from the said proposals of amendment, and to concur with the 
house in passing said bill into a law. 

The Debenture of the I> Governor & Council was read and passed as 
follows, to wit — 



Paul Brighain Lt. Govr.. . , 

Elias Keyes , 

Chauncey Langdon 

Daniel Chipman 

Solomon Miller 

Zerah Willoby 

Asa Lyon 

Samuel Fletcher 

Reuben Hatch 

Jedediah P. Buckingham. . 

Daniel Dana 

John Elsworth 

Noah Chittenden 

William Page Junr. Secy- . 
Joseph Armington Sheriff. 
Old Council 

Asaph Fletcher 

Samuel Shepardson. 

Samuel Shaw 

Nathaniel Niles 

Ebenezer Wheelock . 

Beriah Loomis 

Josiah Wright 

Ezra Butler 



Rollin C. Mallary Secy- 



s 



50 
42 

72 
56 
30 
48 
64 
100 
72 
42 
78 
33 
80 
62 
:;s 



70 
120 
80 
36 
70 
39 
160 
12 



< s 



o 



6 — 
04 
64 
72 
60 
16 



64 
04 
36 
1)6 
60 
44 
66 

40 
40 
60 
32 
40 
68 
20 
44 
&I60 






a ° a 



120 — 
36 — 



50 



00 



50 



1 I 



126 
41 
47 
51 
45 
50 
52 
46 
53 
42 
54 
48 
48 
70 
40 



950148 



Governor and Council — November 1808. 235 

On Motion, Ordered, That M r Willoby be a Committee to receive 
the Debenture of the I> 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 11 th ' 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 Deweysburgh;" "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 authorising the Sheriff 
of Caledonia County to procure a suitable guard to secure State Prison- 
ers in the 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 through 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 r 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 <fe 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 r - 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 Governor and Council — November 1808. 

On motion, M r - 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 do pass, and ordered, that the same be sent to the house for 
their concurrence. 

On motion of M r - 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 wnich infests the 
Southern borders 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 r - N. 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 house, in which the concurrence of 
the Council was requested, and the same being read, Resolved, To con- 
cur with the house in their proposed amendments. Ordered, That the 
Secretary inform the house of the same. 

An Engrossed bill passed by the house of Representatives Entitled 
"An act directing the Treasurer of this State to loan Parley Davis the 
sum therein mentioned," was sent up for revision &c. and being read, 
on motion, Resolved, To nonconcur with the house in passing said bill 
into a law, and Ordered That M r - Chipman inform the house of the rea- 
sons of the Governor & Council for said nonconcurrence. 

Received from the house of Representatives the following written 
message, to wit, " In General Assembly Nov. 11, 1808, Resolved that 
this house concur with the Governor & Council in passing the bill Enti- 
tled "An act explaining an act assessing a tax of one cent per acre on 
all the lands in this State for the purpose of erecting a State Prison," 
and a bill Entitled "An act in addition to an act assessing a tax on the 
County of Essex, passed Nov. 5, 1807;" also Resolved to concur with 
the Governor & Council in their amendments to the bill Entitled " An 
act incorporating the Burlington Fire Society." Also, Resolved to con- 
cur with the Governor & Council in adopting the resolution directing 
the State Printer to deliver the Rev d Tilton Eastman fifty copies of 
his Election sermon &c. — and also in the amendment proposed by the 
Governor & Council to the resolution for adjourning the Legislature 
without day. Extract from the Journals, Attest Martin Post Clerk." 

Received from the house the following resolution, viz. " In General 
Assembly Nov. 11, 1808, Resolved, the Governor and Council concur- 
ring herein, that the Treasurer pay to James Topliff twenty dollars, 
being a mistake in his debenture as a member of the General Assem- 
bly. Read & adopted. Attest M. Post Clk." and the same being 
read, Resolved, To concur with the house therein. 

M r - T. Hutchinson, from the house, appeared in the Council Chamber 



Governor and Council — November 1808. 237 

and informed the Governor & Council that the house having finished the 
business before them were now ready to meet the Governor & Council 
in the Representatives' room for the purpose of adjourning the General 
Assembly without day, & withdrew. The Governor & Council immedi- 
ately proceeded to the Representatives' room, for the above purpose, 
and, after an appropriate prayer by the Rev d M r - Wright, the Chaplain, 
the Sheriff of Caledonia County, by order of his Excellency the Gover- 
nor, by public proclamation adjourned the General Assembly without 
day. A true Journal, 

Attest William Page J r - Secy- 



THIRTY -THIRD COUNCIL 

OCTOBER 1809 TO OCTOBER 1810. 



Jonas Galusha, Shaftsbury, Governor. 
Paul Brigham, Norwich, Lieut. Governor. 



Councillors: 

Gilbert Denison, Guilford, 
Samuel C. Crafts, Craftsbury, 
Haines French, Maidstone, 
Horatio Seymour, Middlebury, 
William Hunter, Windsor, 
Apollos Austin, Orwell. 

William Page, Jr., Secretary until Oct. 14. 

Rollin C. Mallary, Castleton, Secretary from Oct. 14. 

Israel P. Dana, Danville, Sheriff. 



Beriah Loomis, Thetford, 
Noah Chittenden, Jericho, 
Elias Keyes, Stockbridge, 
Josiah Wright, Pownal, 
Ezra Butler, Waterbury, 
Frederick Bliss, Georgia, 



BIOGRAPHICAL NOTICES. 

Frederick Bliss settled in Georgia in 1786, and represented that 
town in the General Assembly of 1819. He was Assistant Judge of 
Franklin County Court 1804 until 1813, and 1815 until 1818 ; Judge of 
Probate 1813 ; Delegate in the Constitutional Convention of 1814 ; and 
Councillor 1809 until 1813, and 1815 until 1819. " He was the peace- 
maker of the town, the arbiter of all difficulties, and the promoter of 
every good cause. He was not ambitious of wealth or honors, yet both 
came to him to his heart's content. He died childless, Nov. 8 1827, 
aged 65 years."— Vt. Hist. Mag.Yol. II, article "Georgia;" and Deal- 
ing's Catalogue. 

Gilbert Denison represented Guilford in the General Assembly 
1805 until 1809 ; was Judge of Probate 1806 until 1811, and in 1816 ; 
Sheriff of Windham County 1811 and '12 ; Assistant Judge 1817 until 
1820 ; and Councillor 1809 until 1812. — Deming's Catalogue. 



Biographical Notices. 239 

Samuel Chandler Crafts was born in Woodstock, Conn., Oct. 6 
1768, son of Col. Ebenezer Crafts ; graduated at Harvard University in 
1790, and in 1791 settled in Craftsbury. He was the Clerk of that town 
1799 until March 1829, thirty years ; Delegate to the Constitutional 
Convention in 1793, being the youngest member in that body, and 
again in 1829, and was its President; Representative of Craftsbury in 
the General Assembly 1796, 1800, 1801, 1803, and 1805; Clerk of the 
House 1798 and 1799 ; Councillor 1809 until 1813, and again in 1825 and 
'6 ; Assistant Judge of Orleans County Court 1800 until 1810 ; Chief 
Judge 1810 until Dec. 1816, and again 1825 until 1828 ; Clerk of the 
Courts 1836 until 1838 ; Register Qf Probate 1796 until 1815 ; Member 
of Congress 1817 until March 1825 ; Governor 1828 until 1831 ; United 
States Senator Dec. 1842 until March 3 1843 ; and Presidential Elector 
in 1840. "In June 1802, while there were but few log huts on the site of 
the present city of Cincinnati, he commenced a tour of observation to the 
lower Mississippi, and, in company with Michaux the younger, made a 
botanical reconnoissance of the Valley of the Great West in canoes and 
arks." He had the confidence of the people of Vermont to as large a 
measure as any other public man, was modest and unassuming in de- 
portment, and active in every good work, serving for many years as an 
officer of State Benevolent Societies. He died Nov. 19 1853. — Drake's 
Dictionary of American Biography ; Demiug's Catalogue. 

Maj. Haines French (son of John French, who came from Wal- 
pole, N. H., to Maidstone previous to 1774, and brother of John French, 
who was a captain in the continental army,) was born about the year 
1760, and at the age of fifteen became a servant to Maj. Whitcomb of 
the revolutionary army, 1 and was with him at the siege of Quebec under 
Montgomery, when he became a prisoner of war. In the winter of 
1813, through Congressman James Fisk, he obtained a commission as 
Major in the 31st Regiment, U. S. Infantry, in the division of Maj. Gen. 
Wade Hampton, and he entered upon the service with three of his sons, 
one of whom (Homer) was killed in the battle of Chippewa. Maj. 
French died previous to that event, having, on the march, been stopped 
at Chateaugay Four Corners, N. Y., by an illness which proved fatal 
about the middle of November 1813. He had not the advantages of 
even a district school, and was taught to write by his wife after mar- 

1 Whitcomb (probably Benjamin Whitcomb) asserted that, on orders 
from Washington to shoot a British General, in retaliation for the wan- 
ton massacre of Americans by British Indians and their officers, he 
went from Ticonderoga into Canada and shot Gen. Gordon, receiving a 
Major's commission therefor. For Whitcomb's account, related by him 
in his last sickness to David Goodall Esq. of St. Johnsbury, see Vt. His- 
torical Magazine, Vol. I, p. 1065. As related the affair was extraordinary, 
but the editor of this volume remembers no confirmation of it. 



240 Biographical Notices. 

riage ; but he was a great reader and acquired much valuable informa- 
tion, which, with his good sense and experience in the Legislature and 
the Courts, made him a useful man. He represented Maidstone in the 
General Assembly 1793 and '4, 1796 and '7, and 1802 until 1808, and was 
a Delegate in the Constitutional Convention of 1793. He served as 
Clerk of Essex County Court 1802 until 1813 ; and was Councillor 1809 
and '10. He was elected Chief Judge of the County Court in 1808, but 
he declined to serve. — Vt. Hist. Mag. Vol. I, p. 1039 ; and Deming's 
Catalogue. 

Horatio Seymour, LL. D., was born in Litchfield, Conn. May 31 
1778, graduated at Yale College in 1797, came to Middlebury 1799, and 
was admitted to the bar in 1800, soon winning an extensive practice. 
He was State's Attorney for Addison County 1810 until 1813, and again 
1815 until 1819 ; Judge of Probate 1847 until 1856 ; and Councillor 1809 
until 1814. In 1820 he was elected U. S. Senator, and was re-elected in 
1826, serving from March 1821 to March 1833. His election in 1826 was 
very zealously contested by Cornelius P. Van Ness, who felt his defeat 
keenly, charged it to the interference of John Quincy Adams, whose 
administration he then abandoned, and, so far as he could do so, trans- 
ferred his friends over to the then Jackson party, of which he became 
the chief in Vermont. Mr. Seymour died Nov. 27 1857. For his por- 
trait, see Swift's History of Middlebury. — Vt. Hist. Mag. Vol. i, p. 59 ; 
Deming's Catalogue ; and Walton's Vermont Hegister. See also, as to 
Gov. Van Ness, Vt. Hist. Mag. Vol. I, pp. 612 and 613. 

Wii/liam Hunter represented Windsor in the General Assembly 
1795, 1807 and '8; was Councillor 1809 until 1813, and ip 1815; Member 
of Congress March 1817 to March 1819; Kegister of Probate 1798 until 
1801; Judge of Probate 1801 and "2; Assistant Judge of the County 
Court 1805 until 1816; and member of the Council of Censors in 1806 
and 1820. — Deming's Catalogue. 

Apollos Austin represented Orwell in the General Assembly in 
1819; served as Councillor one year only; was a member of the Council 
of Censors in 1806, and Presidential Elector in 1816 and 1828. He was 
an ardent politician (though rarely in office) of the Jeffersonian school, 
offered of his abundant wealth to discharge the fine of Matthew Lyon 
under the sedition act, and voted for Monroe in 1816, and John Quincy 
Adams in 1828. — Deming's Catalogue; and Vt. Legislative Directory for 
1876-7. See Vol. iv, pp. 494-496, note. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION WITH THE GENERAL ASSEMBLY AT MONTPE- 
LIER, OCTOBER 1809. 



State of Vermont ss. Journal of the proceedings of 
the Governor and Council of the State of Vermont begun & holden at 
Montpelier on the Second thursday of October (being the twelfth day 
of said month) pursuant to the laws & Constitution of this State A. D. 
1809: Present, His Excellency Isaac Tichenor Esquire Governor; His 
Honor Paul Brigham Esquire Lieutenant Governor; Of the Council 
The Hon ble Elias Keyes, Chauncey Langdon, Solomon Miller, Zerah 
Willoby, Asa Lyon, Samuel Fletcher, Reuben Hatch, Daniel Dana, John 
Ellsworth & Noah Chittenden Esquires. William Page J r - Secretary; 
Israel P. Dana Esquire Sheriff of Caledonia County. 

M r - Leland [Aaron Leland] from the house, a member thereof, ap- 
peared in Council and informed the Governor & Council that the House 
had organized and were ready to Proceed on the business of their meet- 
ing. Ordered, On motion, that the Secretary inform the House that a 
quorum of the Council are formed, [and] that they are now ready to 
proceed to business. 

On Motion, Resolved, that the Governor and Council proceed to the 
appointment of a Committee of Seven to receive, sort & Count the votes 
for the Governor & L 1 Governor & Treasurer & Councillors. Members 
Chosen, Messrs. Hatch, Langdon, Keyes, Chittenden, Miller, Lyon & 
Dana were chosen and sworn. 

Rec d from the House the following Resolution, Viz. " In General As- 
sembly Oct. 12 th ' 1809, Resolved that a Committee of three members 
from each County be appointed to Join such Committee as the Governor 
and Council may appoint to receive, Sort and Count the votes for Gov- 
ernor, L*- Governor, Treasurer, and Councillors for the Year ensuing, 
and report to the General Assembly as soon as may be. Read & 
adopted. Gentlemen Chosen were Messrs. Graves, Pratt & Henry; 
May, Knight & Leavitt; P. Smith, Hendee & J. Clark; Hutchinson, 
Hatch, Clapp; Olin, Edmond, C. Rich; Chase, Stacy; Barney, Corse, 
Bostwick; Griswold, Cahoon, Fifield; Littlefield, Farnsworth, Holmes; 
[Royal] Corbin, Thomas Taylor, Baxter ; Ingham, Foot, M. Rich ; A. 
Hall, Borden & Sowles. Attest M. Post Clerk." 

Adj d to 4 o'clock P. M. 

4 O'clock P. M. — The Council met pursuant to adj** 
M r - Hutchinson from the House informed the Governor and Council 
that the General Assembly were convened and ready to meet the Gov- 
ernor and Council in the Representatives' room for the purpose of 
hearing the report of the Committee appointed to receive, sort & 
Count the Votes for Governor, L*- Governor, Treasurer, & Councillors 
for the Year ensuing. The Governor and Council accordingly pro* 

16 



242 



Governor and Council — October 1809. 



ceeded to the Representatives' room when the following report was 
Produced by said Committee & read: 

To the Hon. the Gen 1 Assembly now sitting — The Committee ap- 
pointed to receive, sort & Count the Yotes for Governor, L* Gov. 
Treasurer & Councillors for the year ensuing, do report & declare that 
the Honorable Jonas Galusha Esquire is elected Governor; that His 
Honor Paul Brigham Esquire is Elected I> Governor; Benjamin Swan 
Esquire is Elected Treasurer; And that the Honorable Elias Keyes, 
Ezra Butler, Gilbert Dennison, Horatio Seymour, Appollos Austin, 
Beriah Loomis. Noah Chittenden, Frederick Bliss, Samuel C. Crafts, 
Josiah Wright, William Hunter & Haines French Esquires were elected 
Councillors for the Year ensuing. Montpelier 12 th October 1809. 

E. Keyes for Committee. 

And Said Report being read, the Sheriff of Caledonia County, by the 
Direction of His Excellency the Governor, made Public Proclamation 
of the Same and the Governor & Council returned to their Chamber & 
adjourned to 9 O Clock tomorrow morning. 1 



iFrom Spooner's Vermont Journal of Oct. 23 1809: 

Montpelier, Oct. 13. 

On Thursday last, the General Assembly of Vermont convened in 
this town. About eleven o'clock a procession was formed near the 
Academy, in the following order: The Artillery Company, commanded 
by Capt. [Isaac] Putnam; the 2d Light Infantry Company, commanded 
by Captain Palmer; the 1st do. commanded by Captain [Jeduthun] 
Loomis; the citizens; the Governor and Council; the Rev. Clergy; 
Members of the House, and Judges of the Supreme Court; from whence 
they proceeded to the State-House, where an appropriate discourse was 
delivered by Elder Sylvanus Haynes, of Middletown, from Prov. xiv. 24. 
Righteousness exalteth a nation, but Sin is a reproach to any people. Soon 
after the exercises, the result of the election was declared. 



Votes for Governor. 



Counties. 


Galusha. 


Tichenor. 


Scattering. 


Addison 


1362 


1392 


48 


Bennington 


1338 


1000 


63 


Caledonia 


1124 * 


1127 


34 


Chittenden 


1040 


1271 


36 


Essex 


130 


206 


2 


Franklin 


962 


1213 


37 


Grand Isle 


94 


289 


5 


Orange 


1754. 


1274 


57 


Orleans 


341 


415 


6 


Rutland 


2482 


1589 


94 


Windham 


1195 


2327 


33 


Windsor 


2761 


1364 


83 



13467 



498 



Totals, 14583 

Majority for Galusha 618. 
The artillery company, referred to above, was incorporated Nov. 7. 
1808, by the name of the Washington artillery. Its members consisted 
entirely of persons who, except by enlistment in this company, were ex- 
empt from military duty. The company was subject to the orders of the 
governor, required to muster on the second Thursday of October annu- 



Governor and Council — October 1809. 243 

Friday Oct. 13 th > 1809, 9 OClock A. M. 

Present in Council His Honor Paul Brigham Esq r - L*- Gov. Of the 
Council, The Hon. Elias Keyes, Noah Chittenden, Beriah Loomis, Ezra 
Butler, Frederick Bliss, Josiah Wright & William Hunter Esquires. 
William Page Jr. Secretary; Israel P. Dana Sheriff. The above mem- 
bers of Council with His Honor the 1> Governor were severally sworn 
to the faithful discharge of their respective offices by the Honorable 
Chief Justice. 

Ordered, That the Secretary notify the absent members of their elec- 
tion and request their attendance on Council as soon as may be. 

Ordered, That the Secretary inform the House that a quorum has 
formed, & that they are ready to proceed to business. 

Adjourned to 2 OClock P. M. 

2 OClock P. M.— Rec d from the House the pet. of Jonathan Whitney 
& others for a new town to be made from Tunbridge, Bethel, Randolph 
& Royalton, with this order thereon: In Gen. Assembly Oct. 13 th ' 
1809. Read & referred to Messrs Clapp, Dana A. Robinson, Bass & 
J. Parker to join a Coram" from Council. Attest M. Post Clerk, and 
being read it was Resolved to join the above Com ee and M r - Keyes was 
appointed. 

• Rec d from the House the Petition of Elias Keyes " Praying the Legis- 
lature to take his turnpike Stock and Pay him interest for the same at 
the rate of Six Pr Ct." with this order of the House thereon: In Gen. 
Assembly Oct. 13 th > 1809. Read & referred to Mess Jacob Smith, 
Linsley, P. Smith, Walbridge & Chamberlin, to join a Committee from 

ally, being "election day," and to elect its officers on the succeeding Mon- 
day, when the governor reviewed the company, making a brief speech 
usually, and delivered commissions to the new officers. On the procla- 
mation of the election of state officers, the governor, lieutenant gover- 
nor, and treasurer were saluted, each of them, by a gun; then the 
Council were saluted by one gun; after which a gun was fired for each 
State in the Union. From the peculiar constitution and duties of this 
company, it was often called the governor's guard. It corresponded 
well with the u Ancient and Honorable Artillery Company " of Massa- 
chusetts, and was well maintained until about 1836. D. P. Thompson, 
in his History of Montpelier, thus described the company at its first ap- 
pearance in 1809, but erroneously dating in 1808: 

A fine artillery company, uniformed throughout with plumed Bona- 
parte hats and the dress of field officers in all except the epaulette on 
the privates, was organized from among the first citizens of this and the 
neighboring towns, to serve as the Governor's Guard, and be in especial 
attendance on Election days. Of this company Isaac Putnam, a man 
nearly six-feet-six high, weighing over two hundred pounds, well pro- 
portioned, and as noble in soul as in body, had the honor of being 
chosen the first captain, and no one of those present now ( living can fail 
to recall his fine and commanding military appearance on those occa- 
sions as he stood up between his soldiers and the encircling crowd, like 
Saul among the people. 

See printed Laws of Vermont, 1808, p. 63 ; and D. P. Thompson's 
History of Montpelier, p. 111. 



244 Governor and Council — October 1809. 

Council. Attest M. Post Clerk, and being read, Kesolved to Concur 
with the House in the above reference & that Mr Wright join said Com ee - 

Rec d from the House the Pet. of the Selectmen of Leicester for a new 
Com ee to examine anew the County road from Middlebury to West 
Rutland &c. With this order of the House thereon: In Gen. Assembly 
October 13 th > 1809. Read & Referred to Messrs Whitney, Myrick & 
Mason to join a Com ee from Council. Attest M. Post Clerk, which 
being read Resolved that Mr Loomis join the said Committee from the 
House. 

Adj' d to 9 Oclock tomorrow morning. 



Sat y « 14, Oct. 9 Oclock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House the following resolution: In Gen. Assembly 
Oct. 13 th ' 1809. Resolved that a Committee of 5 members be appointed 
to Join such Comm ee as the Governor & Council may appoint to take 
under consideration all the Petitions for new trials: Members chosen 
Messrs Knight, C. Rich, G. Robinson, Cahoon & Ware. Extract from 
the Journal, Attest M. Post Clerk. Which was read and it was Re- 
solved, that Messrs Loomis & Butler join. 

Also Rec d from the House a resolution appointing a Committee to 
take under consideration all Petitions for acts of insolvency & suspen- 
sion; Members Chosen Messrs Chipman, Griswold, Dewey, Olin & 
Barnes, & being read Resolved, that Messrs Wright & Hunter join said 
Committee. 

Also a Resolution appointing a Committee of Claims, consisting of 
Messrs Henry, Linsley, P. Smith & C. Rich, which being read it was 
Resolved, to Concur with the House in passing the same & Mr Keyes 
was appointed to join. 

Also a resolution appointing a Committee denominated the Turnpike 
Committee, consisting of Messrs Wilmarth, Sh after. Fox, Delano & 
Harrington, which was read & it was Resolved, that Mr Bliss Join said 
Committee. 

Also a Resolution appointing Messrs Ware, J. Smith, & Dewey to 
take charge of certain maps Provided by the Surveyor of public build- 
ings & direct in what manner & Place they shall be affixed in the State 
House for the accommodation of the Legislature, which was read & it 
was Resolved that Mr. Chittenden Join said Committee. 

Received from the House the following Petitions Praying for acts of 
insolvency & suspension : one from Abijah H. Hale & others ; one 
from John G. Wheelock; one from Thomas Miller; one from Daniel 
Coit ; one from Nathan Boynton Jr. and a remonstrance of James 
Smith ag* the Petition of Nathan Boynton Jr. With this order on each: 
" In Gen. Assembly Oct. 13 th 1809. Resolved to refer the same to the 
joint Committee of Insolvency & Suspension," which were severally 
read & it was Resolved to Concur with the House in the aforesaid 
reference. 

Rec d from the House the Petition of William Slade & others, for a 
turnpike road from Hubbarton Turnpike road to Middlebury, & a Turn- 
pike road from the west end of Stratton Turnpike to New York line, 
with this order of the General Assembly: October 13 th ' 1809. read <fc 
referred to the joint Committee of Turnpikes, Attest M. Post Clerk, 
which was read & it was Resolved to Concur with the house in the above 
reference. 

Rec d from the House the Petition of Rob* Bowne & others praying for 
an act of incorporation for the Purpose of smelting & refining ores 



Governor and Council — October 1809. 245 

within this State, with this order thereon: In General Assembly Oct. 
13 th ' 1809. Read & referred to Messrs Williams, Ohipman & Jacob 
Smith to join a Committee from Council. Attest M. Post Clerk, and 
being read it was Resolved to Concur with the House in the above refer- 
ence and Gov. Brigham & Mr Butler were appt d to join the Com ee of the 
House. 

His Excellency Jonas Galusha Esquire Governor Elect, appeared in 
Council and accompanied by the I> Governor & the Honorable Council 
who were Present, according to Previous notice, Proceeded to the 
Representatives' room and after the Oaths required by the constitution 
& Laws of this State were administered to him by the Honorable Chief 
Judge of the Supreme Court of Judicature, His Excellency delivered to 
both Branches of the Legislature the following speech. 1 

And then the Governor & Council returned to their Chamber & re- 
sumed the Consideration of business. 

Rec d from the House a Petition of sundry inhabitants of Brookline 
praying for the privilege of representation in the Gen. Assembly, with 
this order thereon: In Gen. Assembly Oct. 13 th » 1809. Read & refer d to a 
Com ee of three to join a Com ee from Council. Members chosen Messrs 
McLaughlin, Peckham & Hungerford. Attest M. Post Clerk, which 
being read it was Resolved that Mr Hunter Join. Also rec d the Petition 
of Samuel Burnell praying the legislature to empower him to sell lands 
as administrator of Arba Green &c. with this order thereon: In Gen. 
Assembly Oct. 13 th - 1809. Read & referred to a com ee of three to join a 
com ee of Council. Messrs Thayer, Eastman & Painter app d - Attest M. 
Post Clerk, which being read it was Resolved to concur & that Mr Bliss 
join said committee. Rec d also the Pet. of the town of Brandon for an 
act to legalize the records of that town, with this order thereon: In 
Gen. Assembly Oct. 13 th > 1809. Read & referred to a Coni ee of three 
members to join a com ee from Council. Messrs Flagg, Andrus & Norton 
chosen. Attest M. Post Clerk, which was read & it was Resolved that 
Mr Keyes join. 

Adjourned to 2 Oclock P. M. 

2 O'CLOCK P. M. — His Excellency the Governor was Pleased to ap- 
point R. C. Mallary Secretary for himself & Council, and the oaths re- 
quired by the Constitution & Laws were administered by his Excellency 
the Governor. 

Rec d from the House the Petition of Silas Hathaway with this order 
of the House thereon: In General Assembly Oct. 13 th » 1809, Read & 
referred to the joint Com ee of insolvency & Suspensions. Attest M. Post 
Clerk, which was read & it was resolved to join in the reference. 

Rec d from the House the Petition of the inhabitants of Kirby with 
the following order of the House thereon: In General Assembly Oct. 
13 th - 1809. Read & referr d to the j* Com ee on the Pet. of the town of 
Brandon. Attest M. Post Clerk, Which being read it was Resolved to 
Concur with the House in Passing the same. 

Received from the House the Petition of Ezekiel Buell & others, 
thereon the following order of the House: In General Assembly Oct. 
13 th ' 1809. Read & referred to the joint Military Committee. Attest 
M. Post [Clerk,] Which was read & it was Resolved to concur with the 
House in the above reference. 

Rec d from the House the Petition of Jonathan Fassett with the fol- 
lowing order of the House thereon: In Gen. Assembly Oct. 14 th » 1809. 
Read & referr d to the joint Com ee of Claims. Attest M. Post Clerk, 
which being read it was Resolved to join the above reference. 

1 For the speech see Appendix A. 



246 Governor and Council — October 1809. 

Received from the House the Petition of the Inhabitants of Sher- 
burn with this order thereon: In Gen. Assembly Oct. 14 th - 1809. Read 
& referred to the joint committee on turnpikes. Attest M. Post Clerk, 
which being read* it was Resolved to concur in the foregoing reference. 

Rec d from the House the Petition of John Torrance Praying to have 
all processes suspended &c. for a term of time, with this order of the 
House thereon: In Gen. Assembly Oct. 14 th - 1809. Read & refer d to the 
Joint Com ee of suspension & insolvency. [Attest] M. Post Clerk, 
which beiiig read it was Resolved to concur with the House in the above 
reference. 

Rec d from the House the Petition of Jacob Galusha praying for relief 
& compensation &c. with this order of the House thereon: In Gen. As- 
sembly Oct. 14 th - 1809. Read & referred to the j* Committee on the Pet. 
of James D. Butler. Attest M. Post Clerk, which being read it was 
Resolved to Concur with the House in the foregoing reference. 

Rec d from the House the Petition of Samuel Holton & Alanson Ferris 
each Praying for an act of suspension &c. with the following order of 
the House on each: In General Assembly Oct. 14 th - 1809. Read & re- 
ferred to the joint Committee of suspension. Attest M. Post Clerk, 
which being read it was Resolved to concur with the House in the fore- 
going references. 

Rec d from the House the Petition & remonstrance of Peter Danforth 
& others with the following order of the House thereon: In general 
assembly Oct. 13 th > 1809. Read & refer d to a Committee of three mem- 
bers to join a Committee of Council. Members chosen Messrs S. Wal- 
bridge, J. Brigham & W. Barber. Attest M. Post Clerk, which were 
read & it was Resolved to concur with the House in the above reference. 

Rec d from the House the Petition of Daniel Brooks Praying for a 
Turnpike, with the following order of the House thereon: In General 
assembly October 14 th ' 1809. Read & refer d to the Joint Committee on 
Turnpikes. Attest M. Post Clerk, which being read it was Resolved to 
concur with the House in the above reference. 

Adj d to 9 OClock A. M. Monday 16 th Oct. 1809. 



Monday October 16 th > 1809, 9 O'clock A. M. 

The Council met Pursuant to adjournment. 

The Petition of Grant Weed & Seth Payne Praying for Pardon were 
filed & each read & ordered to lie on the table. 

The Honorable Haines French & Samuel C. Crafts Esq 1-8 - appeared in 
Council who took & subscribed the necessary oaths Prescribed by the 
Constitution & Laws as Councillors for the year ensuing & took their 
Seats. 

Rec d from the House the Petitions of the Inhabitants of Middletown, 
Clarendon, Poultney & of A. Hall & the remonstrance of Clarendon & 
Tinmouth with the following order of the House thereon: In General 
Assembly Oct. 14 th - 1809. Read & referred to the joint Turnpike Com- 
mittee. Attest W. D. Smith Clerk, which was read & it was Resolved 
to Concur with the House in the above reference. 

Rec d from the House the Petitions of the towns of Sherburn, Waits- 
field, Elmore & Worcester, each praying for land taxes, with an order 
of the House on each as follows: In General Assembly October 16 th - 
1809, read & referred to the Joint Land tax Committee (first.) Attest 
W. D. Smith Clerk, which being read it was Resolved to concur with 
the House in the foregoing reference. 

Rec d from the House a bill entitled " an act providing for fire arms for 



Governor and Council — October 1809. 247 

the militia of this State," with this order of the House thereon: In Gen. 
Assembly Oct. 14 th - 1809, called up & referred to the joint military Com- 
mittee. Attest W. D. Smith Clk. which was read & it was Resolved to 
join the above reference. 

Rec d from the House the Petition of Shelden Wheeler & others with 
the following order of the house thereon: In Gen. Assembly Oct. 14 th » 
1809. Read & referred to the joint Military Committee. Attest W. D. 
Smith Clerk, which being read it was Resolved to concur with the 
House of Assembly in the above reference. 

Rec d from the House the following resolution, Viz. In Gen. Assem- 
bly Oct. 16 th ' 1809. Resolved, the Governor & Council concurring 
herein, that both Houses meet in the Representatives' room tomorrow 
morning at 10 O'clock for the purpose of Electing Judges of the Su- 
preme Court of Judicature for the Year ensuing. Attest W. D. Smith 
Clerk, which being read it was Resolved to concur with the House in 
passing the foregoing resolu 11 - 

Rec d from the House a resolution appointing a Com ee to join a Com- 
mittee of Council to be denominated the first land tax Committee, which 
being read it was then Resolved to Concur with the House in passing 
the resolution; and Mr Crafts was app d to join said Com ee from Council. 

Rec d from the House a resolution respecting the State's Prison laws 
&c. appointing a Committee to join from Council a com ee which should 
there be appointed, & it was Resolved to Concur with the House in 
passing said Resolution; and Mr French was appointed to join from 
Council. 

Rec d from the House the Pet. of Franklin County Grammar School 
with an order of the House appointing a Committee to join a Com ee of 
Council, which was Read and by the Council it was then Resolved to 
concur with the House in passing the afores d Resolution & Mr Hunter 
was appointed to join. 

Received from the House the Petition of Levi Bennet with an order 
of the House thereon appointing a committee from the house to join a 
Comm ee of Council, which being taken under consideration by the Gov. 
& Co. it was Resolved to join in the Above reference & Mr French was 
app d to join. 

Rec d from the House the Petition of Levi Hall with this order 
thereon: In Gen. Assembly October 16 th ' 1809. Read & referre d to 
Messrs Scott, Walker & Robbins, to join a Committee from Council. 
Attest W. D. Smith Clerk, & it was Resolved to concur with the House 
in said reference & Mr Bliss app d to join the Committee appointed by 
the House. 

Rec d from the House a resolution a respecting the distillatioa,& export- 
ation of Grain" with an order of the House appointing a Committee to 
join a Com ee of Council, which was read and it was Resolved to concur 
with the House in said Reference and Messrs Loomis, Wright & Butler 
were app d to join said Committee. 

Rec d from the House "a resolution respecting lists & listers" with an 
order of the Gen. Assembly appointing a Committee to join such Com- 
mittee as the Gov. & Council may appoint, which was taken under 
consideration & it was then Resolved to concur with the House in the 
above reference & Mr Brigham app d to join. 

Rec d from the House the Pet. of the Heirs of Eben r Williams with the 
following order of the House thereon: In Gen. Assembly October 14 th » 
1809. Read & Referr d to Messrs. Smith, Norton & Gaines to join a 
Com ee of Council. Attest W. D. Smith Clerk, which was Read & Re- 
solved to join in the above reference and Mr Loomis was app d to join. 

Rec d from the House the Pet. of Timothy & Mary Jenner with an 



248 Governor and Council — October 1809. 

» 
order appointing a Com ee to join a Com ee from Council and after being 
read by the Council it was Resolved to Concur with • the House in the 
above Reference and Mr Crafts was app d to join. 
Adjourned to 2 OClock P. M. 

2 O'CLOCK P. M.— Rec d from the House a resolution appointing 4 
Oclock this day the time for the County Convention to meet: & [the 
opening of the House on Tuesday next for] the Committee of the whole 
for the purpose of Receiving the nominations, which was read & it was 
then Resolved to concur with the House with the following amend- 
ment, Viz. that instead of "Monday" insert u tuesday" & that instead of 
u tuesday to receive the nominations" insert u Wednesday." Mr Keyes 
assigned the reasons to the House. 

Mr Apollos Austin appeared in the Council Chamber & after the oaths 
of office were administered he took his seat as Councillor. 

Adjourned to 9 A. M. Tomorrow. 



Tuesday 9 O'C. A. M. 1809, Oct. 17 th - 

Rec d from the House the Bill entitled " an act to lay out a road from 
Canaan to Holland " with an order of the house thereon referring the 
same to a Committee of three to join a Committee of the Council, which 
was read and on motion it was Resolved to join in the above reference, 
and Mr Crafts joined. 

Rec d from the House the Petition of William Shearer [jr.] with the 
following order of the House thereon: "In General Assembly Oct. 16 th - 
1809, read & referred to the joint Committee of claims. Attest W. D. 
Smith Clerk," which being read it was then Resolved to concur in the 
said reference. 

Rec d from the House the Petition of E. Hawley with an order of the 
House referring the same to the joint Committee of Suspensions, which 
was read & on motion it then was Resolved to concur with the House in 
the foregoing reference. 

The Bill entitled " an act concerning Writs of Error & Audita Quer- 
elas" was rec d from the House [with this order thereon:] u In General 
Assembly, Read & Referred to a Com ee of three to join a Committee of 
Council. Attest W. D. Smith Clerk," which was read & Resolved that 
the Council do concur with the House in the foregoing reference & that 
Mr Butler join. 

Pursuant to the concurrant Resolution of Both Houses the Governor 
& Council proceeded to the Representatives' Room for the Purpose of 
Electing fudges of the Supreme Court of Judicature which being com- 
pleated the Gov. & the Council returned to their Chamber & resumed 
the consideration of business. 1 

Rec d from the House the Petition of Jacob Burt praying for a suspen- 
sion &c. with an order of the house appointing a Committee to join a 
Com ee of the Council, which being read it was resolved to concur. 

The pet. of the Town of Pawlett was rec d with an order of the House 
appointing a Commiitee to join a Com ee of Council, which was read & it 
was on motion then Resolved to concur with the House in the above 
reference & Mr Crafts was appointed to join. 

The Petitions of Billymead, Fayston, M*- Tabor, Barton & Newark 
were rec d with an order of the House on each referring them to the 2 d 
land tax Committee, which were severally read & then it was resolved 
to concur with the House in the above reference. 

1 Royall Tyler, Theophilus Harrington, and David Fay were elected. 



Governor and Council — Oetober 1809. 249 

The Petitions of Coventry, Irasburgh & Kingston praying for land 
taxes were rec d from the House with an order of the House on each re- 
ferring them to the 1 st Land tax Committee, which were severally read 
& it was on motion then Resolved to concur with the House in said 
Reference. 

Rec d from the House the Petition for a turnpike from Connecticut 
river to Washington; from Montpelier to Woodstock & the remon- 
strance ag* the Windham County corporation, with an order of the 
House to commit them to the joint turnpike Committee, and on motion 
it was resolved to concur in the above reference. 

The petitions from Ryegate, Cavendish, & Ludlow, & of Timothy W. 
Orsborn were rec d from the House with an order on each referring them 
to the joint Military Committee, which being severally read it was on 
motion Resolved to concur with the House in said reference. 

The Bill establishing a Cotton & Woolen Manufactory at Montpelier, 
& the Petition of Stephen Crouch & others were received from the 
house with an order on each referring them to the joint Committee on 
that part of His Excellency's Speech relating to manufactures, and on 
motion it was Resolved to concur with the House in said Reference. 

A bill entitled an act in addition to an act establishing a State Bank 
was rec d with an order thereon referring the same to the joint Commit- 
tee on that Part of His Excellency's Speech relating to the State Bank, 
which was read & Resolved to concur in said Reference. 

Received from the House a resolution appointing a Committee on that 
part of His Excellency's Speech which relates to Manufactures, and on 
motion it was Resolved to concur with the House in passing the above 
resolution and Mr. Austin was appointed to join said Committee on 
part of Co. 

Rec d from the House the Resolution appointing a Committee of the 
House on that Part of His Excellency's Speech which relates to the 
State Bank, which being read on motion it was Resolved to concur with 
the House in passing said Resolution & Messrs Wright & Brigham 
were appointed to join. 

Rec d from the House a Resolution appointing a committee of the 
House to join a committee of Council to be denominated the 2* land 
tax Committee, which was read & it was Resolved to concur with the 
House in said Resolution & Mr Austin was appointed to join. 

Rec d from the House a resolution appointing &. Directing the joint 
Committee on the State Bank to enquire respecting the expediency of 
Prohibiting Hawkers & Pedlars within this State, which being read it 
was Resolved to concur with the Passing of this resolution. 

Rec d from the House the Petition of John Stoel [Stowell] with the 
following order thereon : In Gen. Assembly Oct. 16 th ' 1809. Read & 
referred to the joint Committee of Claims. Attest W. D. Smith Clerk, 
which being read it was then on motion Resolved to concur with the 
House in passing the Same. 

Adjourned to 2 O'C. P. M. 

2 O'CLOCK P. M.— The Council met &c. 

The Honorable Royall Tyler, Theophilus Herrenton & David Fay ap- 
peared in Council; the Hon. David Fay signified his resignation to His 
Excellency the Governor & Council of his office of District Attorney, 1 
when the oath of office was administered by his Excellency the Gover- 
nor to the Hon. Royall Tyler Esqr as Chief Judge of the Supreme Court 
of Judicature of this State, & to The Hon. Theophilus Herrenton & 

1 U. S. District Attorney. 



250 Governor and Council — October 1809. 

David Fay Esqrs as Side or Assistant Judges of the same Court, & then 
they retired from the Council Chamber. 

The Petition of Betsy Lakin was rec d with an order of the House 
appointing a Committee of three members of the House to join a Com- 
mittee of the Council, which was read & Resolved to Concur with the 
House in s d Reference and Mr. Hunter joined. 

Rec d from the House the Petition of Prudence Murdock praying to 
have a new Hearing before the Commissioners appointed to adjust the 
claims of herlate Husband's estate with an order of the House appoint- 
ing a Committee of the House to join a Committee of Council, which 
was read — it then was Resolved to concur with the House in said Ref- 
erence. Mr. Loomis joined. 

Rec d from the House the Petition of Thomas Duncan praying for an 
act of Suspension, with an order of the house referring the same to the 
joint Committee of Suspension & insolvency, which was read & Concur- 
red to join said reference. 

The Petition of Johnson Richardson was rec d from the house with an 
order thereon referring the same to the joint comm ee on the Petition of 
James D. Butler, which was read & it was on motion Resolved to con- 
cur with the House in said reference. 

Rec d from the House the Pet. of the Inhabitants of Lyndon for a land 
tax; also the bill laying a tax of two cents per acre on the town of Ba- 
kersfield; also the bill laying a tax of three cents pr acre on the town 
of Westmore, with an order on each referring the same to the 2 d joint 
Land tax committee, which were severally read & it was Resolved to 
concur with the House in the above reference. 

Rec d from the House the Petition of [the Proprietors of] Orange with 
the following order of the House thereon: u In General Assembly Oct. 
16 lh > 1809. Read & referred to a committee of three to join a committee 
of Council. Attest W. D. Smith Clerk," which was read & on motion 
it was resolved to concur with the house in the foregoing reference &c. 
Mr. French joined from Council. 

Rec d from the House the Petition of the Inhabitants of Orange which 
by the house had been referred to the joint Committee on the Petition 
of [proprietors of] Orange, which was read & [it] was Resolved to con- 
cur with the House in said reference. 

Rec d from the House the Petition of Daniel Hammond with an or- 
der of the House referring it to a Committee of the house to join a 
Committee of Council, which was read & on motion was Resolved to 
concur with the House in said reference & Mr. Austin joined. 

The bill entitled " an act relating to Presbyterian Societies, their rais- 
ing monies &c. was rec d from the house with an order referring the same 
to a committee of the house to join a committee of Council, which was 
read & on motion resolved to concur with the House in said Reference 
& Mr. Chittenden joined. 

Adjourned to 9 OClock A. M. tomorrow. 



Wednesday Oct. 18 th ' 1809, 9 O'clock A. M. 

Council met pursuant to adjournment. 

The Hon. Horatio Seymour Esquire appeared in Council and took the 
necessary Oaths of Office and then took his seat as Councillor. 

The Pet. of Robert Bowne & others was rec d from the House a Second 
time with a resolution of the House discharging the Committee first ap- 
pointed & referring said Petition to the Committee on Domestic Manu- 
factures, which was Read and it was resolved to concur with the said 
resolution. 



Governor and Council — October 1809. 251 

On motion Mr. Butler was appointed on the Committee of Manufac- 
tures to join the committee previously app d - 

The Governor & Council proceeded to the Representatives' room to 
meet the House in joint Committee for the purpose of making County 
appointments & after progress the Committee adjourned till tomorrow 
at the opening of the house in the afternoon and then returned to their 
chamber. 

Adjourned to 2 O'Clock P. M. 

2 O'clock P. M.— The Council met pursuant to adjournment. 

Rec d from the House the report of the Committee on the State's Prison 
with an order of the House referring it to the Joint State's Prison Com- 
mittee, which being read it was then on motion Resolved to concur 
with the House in the above resolution. 

Rec d from the House the bill entitled an act appointing a Committee 
to examine the road from Salsbury to West Rutland, which was read & 
referred to Mr Seymour. 

The Petition of Isaiah Sanford praying for compensation &c. was 
rec d with an order of the house referring the same to a Committee of 3 to 
join a committee of Council, which being read it was Resolved to concur 
with the House of Representatives in their reference. 

The Petition of Josias Smith Esqr. & others was rec d from the House 
of Representatives with an order of the House Referring the same to a 
committee of three to join a committee of Council, which being read it 
was Resolved to concur in said Reference & Mr Hunter app d to join. 

The Petition of Jesse Fairchilds was rec d from the House of Repre- 
sentatives with an order of the House Referring the same to a Committee 
of three to join a com ee of the Council, & it was Resolved to concur with 
the House in said Reference & Mr Seymour joined. 

The Petition of the inhabitants of Deweysburgh to be annexed to 
Peacham was rec d with an order of the House appointing a committee to 
join a Committee of Council and on motion it was Resolved to join with 
the House in the said reference & Mr Chittenden joined. 

The Petition for a new County was rec d from the House with their 
order thereon appointing a committee of the House to join a Committee 
of Council, which was then read & on motion it was Resolved to concur 
with the House in their said reference, & Messrs Loomis & French 
were appointed to Join the Committee of the House from Council. 

The Petition of the Inhabitants of the towns of Newark & Easthaven 
were received from the House with an order referring the same to the 
joint Committee on the new County, which was read & it was then Re- 
solved to concur with the House in their said reference. 

Rec d from the House the Petition of the Inhabitants of Wardsboro 
with an order of the House referring the same to the joint Committee 
on the Petition of Brookline, which was read & it was Resolved to con- 
cur with the House in their above resolution. 

Rec d from the House the following Resolution Viz. In Gen. Assembly 
Oct. 17 th ' 1809. Resolved that his Excellency the Governor be requested 
by & with the advice of Council to appoint the first thursday of Decem- 
ber next to be observed as a day of Public thanksgiving & Praise 
throughout this State. Attest W. D. Smith Clerk, which being read it 
was resolved to concur with the House in s d Resolution. 

The Petition of David Ramsdill & others was rec d from the House 
with an order of the House thereon referring the same to the joint Com- 
mittee on the Petition of Levi Hall, which was read & it was Resolved 
to concur with the House of Representatives in their above reference. 

Rec d from the House the Petition of the Selectmen of the town of 
Waterford with an order of the House thereon refeiring the same to the 



252 Governor and Council — October 1809. 

joint Committee on the Town of Brandon, which was read & on motion 
was Resolved to concur with the House in their said Reference. 

Rec d from the House the Petition of the town of Wells, which was 
called up, by the House referred to a Committee of three to join a Com- 
mittee of Council, which was read & it was then Resolved to concur 
with the House in said reference & Mr Seymour joined. 

Rec d from the House the Petition of the Inhabitants of Danville to be 
annexed to Saint Johnsbury with an order of the House appoint- 
ing a Committee of the House to join a Committee of Council, which 
was read & then it was Resolved to concur with the House in s d refer- 
ence & Mr Crafts joined. 

Rec d from the House the Petition of Barton for a certain right of land, 
with an order of the House thereon appointing a Committee of the 
House to join a Committee of the Council, which was read & on mo- 
tion it then was Resolved to Concur with the House in said reference. 
Mr French joined. 

Rec d from the House the Petition of Francis Bradbury praying for a 
privilege of a road &c. with an order thereon appointing a Committee of 
three to join a Committee of Council, which was read & Resolved to 
concur with the House in said Reference & Mr Bliss joined from Council. 

Rec d from the House the Petition of the Inhabitants of Waitsfield, 
Duxbury & Moretown "praying the Legislature to grant them assistance 
in raising mulberry trees, 1 ' with an order of the House thereon refer- 
ring the same to the joint Committee on Manufactures; which being 
read it was on motion Resolved to concur with the House in the above 
reference. 

Rec d from the House the Petition of Waterford for a land tax with an 
order of the House referring the same to the 2 d land tax Committee, 
which being read it was on motion Resolved to concur with the House 
in the aforesaid reference. 

Rec d from the House the bill for the relief of William Slade, the Peti- 
tion of Barnard, the Petition of William Brusee, the Pet. of Silas Alger 
J r - the Bill en d an act directing the treasurer to pay Josiah Barton the 
sum thereof, the account of Gideon Hawley, the Petition of Atherton 
Hale Jr. & Parley Davis were rec d with an order of the House on each 
referring them to the joint Committee of Claims, which being severally 
read it was on motion Resolved to concur with the house in each of said 
references. 

The Petitions of Benjamin H. Oaks, Walter Bugbee, Elias Gallupp, 
Theophilus Whittles, John Strong, Ebenezer Sawyer, Joseph D. Wheeler 
were rec d with an order of the House on each referring them to the 
joint Committee of insolvency & Suspension; which being severally read 
on motion it was Resolved to concur with the H. of Representatives in 
said reference. 

Rec d from the House of Representatives a bill entitled u an act to 
revive & alter an act laying a tax on Pittsfield," the Petition of the In- 
habitants of Middlesex for a laud tax & the Petition of the Inhabitants 
of Woodford for a tax with an order of the House thereon referring the 
same to the 1 st Joint land tax Committee, which were read & on motion 
it was Resolved to concur with the H. of Representatives in their s d 
references. 

The Petition of the Passumpsic Turnpike Corporation, the Pet. for a 
Turnpike through Plymouth & for a turnpike from Connecticut River 
to Newfane with an order of the House on each referring them to the 
joint Turnpike Committee, which were then severally read by the Sec- 
retary & it was Resolved to concur with the H. of Representatives in 
their s d Reference. 

Adjourned to 9 OCloek tomorrow A. M. 



Governor and Council — October 1809. 253 

Thursday October 19 th ' 1809 9 O'Clock A. M. 

The Council met pursuant to adjournment. 

On motion Mr. Seymour was appointed an additional Committeeman 
on the 2 d joint land tax Committee. 

Ree d from the House a resolution of the same adopting the amend- 
ment of Council to the resolution appointing a time for the meeting of 
the joint Committee of both Houses for the purpose of receiving the 
County nominations. Also rec d a resolution of the House appointing a 
Committee on the part of the House to join a Committee of Council to 
be denominated the 3 d land tax Committee, which was Read & it was 
Resolved to concur with the House in the same & Mr Bliss joined. 

Rec d from the House the bill entitled " an act reviving a land tax on 
Huntsburgh," the Petition of Groton for a land tax, Petition of Orange 
for a Tax on Groton. which were accompanied each with an order of the 
House referring the same to the 3 d land tax Committee, which were 
then severally read & it was Resolved to concur with the House in their 
said reference. 

The Petition of Jonathan & Levi Alger was rec d with an order of the 
House thereon referring the same to a joint committee; three members 
of the E[ouse chosen to join a Committee of Council; which was read & 
it was on motion Resolved to concur with the house in the reference & 
Mr Seymour joined. 

The Petitions of Winnoski Turnpike Corporation & of Jonathan Dan- 
forth were rec d with an order of the House on each referring them to 
the Joint Turnpike Committee, which being then read it was Resolved 
to concur with the House in said reference. 

Petition for a Company of Riflemen in the 3 d regiment 2 d Brigade & 2 d 
Division, with an order of the House referring the same to the joint 
Military Committee was rec d [and] being read it was Resolved to con- 
cur with the House of Representatives in said reference. 

Rec d from the House the Petition of Ebenezer Clark praying for a 
new trial, with an order of the House to refer the same to the joint Com- 
mittee on new trials, which was read & on motion it was Resolved to 
concur with the House in said reference. 

Rec d from the House the Petition of Thomas Hodgkins praying for an 
act of suspension, with an order of the House to refer the same to the 
joint Committee of suspension & it was Resolved to join in said refer- 
ence. ' 

The Petition of the town of Fayston was rec d with an order of the 
House to refer it to the joint Com ee of Claims, which was read & on mo- 
tion Resolved to concur with the House in their said reference. 

The Petition of Grant Weed praying for a pardon was read & leave 
given to the Petitioner to withdraw. 

Rec d from the House a resolution of the House appointing the open- 
ing of the house in the afternoon of this day the time to meet in the 
Representatives' room to appoint a Surveyor General & auditor of ac- 
counts against this State for the year ensuing, which was read & on mo- 
tion it was Resolved to concur with the House of Representatives in s d 
Resolution. 

Adjourned to 2 Oclock P. M. 

2 OClock P. M. — The Council met Pursuant to adjournment. 

The Petition of Thomas Todd & Son praying for certain exemptions 
for Manufactures &c. was rec d with an order of the House referring the 
same to the joint Committee of Manufactures, which was read & it was 
Resolved to concur with the house in said reference. 

Pursuant to the concurrant resolution of both Houses the Governor 



254 Governor and Council — October 1809. 

& Council met the House in joint Committee for the purpose of electing 
Surveyor General &c. which being compleated, the Governor & Council 
returned to their Chamber. 1 

The Petition of Joseph Holcomb was rec d with an order of the House 
referring the same to the joint Committee of Claims, which was read & 
it was resolved to concur with the house in the same. 

The Petition of the Inhabitants of Bennington County to remove the 
County buildings was rec d with an order of the House referring the 
same to the [a] joint Committee of three to join a Committee of Coun- 
cil, which was read & on motion it was Kesolved to concur with the 
House in said reference & Mr Hunter joined. 

The Petition of Winthrop Hill was rec d with an order of the house 
referring the same to the joint Committee of Claims, which was read & 
Resolved to concur with the house in said reference. 

Rec d from the house the Petition of Moses Strong praying for a Turn- 
pike, with an order of the house referring the same to the joint Com- 
mittee on Turnpikes, which was read & on motion it was then Resolved 
to concur with the house in passing said resolution to join s d reference. 

Rec d from the House the Petition of Silas Fisher with an order of the 
house referring the same to the joint Committee on the Petition of Levi 
Hall, which was read & on motion it was Resolved, to concur with the 
house in their said reference. 

Rec d from the house the Petition of the Washington Artillery Com- 
pany with an order of the house referring the same to the joint Military 
Committee, which was read|& on motion it was then Resolved to concur 
with the House in said reference. 

Rec d from the House the Petition of Thomas Reed for a suspension of 
Civil process ag* him for a term of years, [which] was read & on motion 
it was Resolved to concur with the house in referring said Petition to 
the joint Committee of insolvency & Suspension. 

Rec d from the House the Petition of the proprietors of Mt. Tabor 
with an order of the house referring the same to the joint Committee on 
the Pet. of Orange, which was read & it was resolved to ( concur in s d 
reference. 

The petition of John Gould praying for a new trial was rec d with an 
order of the House referring the same to joint Committee on New 
Trials, which was read & on motion it was resolved to concur with the 
House in said reference. 

Rec d from the House the Petition for a road from Rutland to Middle- 
bury with an order of the House referring the same to a Comm ee of 3 
members to join a Committee of Council, which was read & it was Re- 
solved to concur with the House in the said reference & Mr Keyes 
joined from Council. 

Rec d from the House the Petition for a Medical Society in the County 
of Caledonia, with an order of the House to refer the same to a Com- 
mittee of 3 members to join a Committee of Council, which was read & 
it was on motion Resolved to join the House in the aforesaid reference 
& Mr French joined. 

Rec d from the House the Petition of Eleazer Wheelock for an exclu- 
sive privilege of running a stage &c. with an order of the House refer- 
ring the same to a Committee of 3 to join a Committee of Council, 
which was read & it was on motion Resolved to concur with the house 
in said reference & Gov. Brigham joined. 

Rec d from the House the Petitions from Peru, Londonderry, Wind- 



1 Joseph Beeman jr. was re-elected Surveyor General, and Alexander 
Hutchinson Auditor. 



Governor and Council — October 1809. 255 

ham &c. Praying for the alteration of their Military district & that a 
new Regiment may be formed — they were read & on motion Ordered to 
lie on the table for Consideration. 

Rec d from the House the Petition for a fire company in Montpelier, 
with an order of the house referring the same to the joint Committee on 
the petition of Josias Smith, which was read & on motion it was then 
Resolved to concur with the House in said reference. 

Adjourned to 9 OClock tomorrow A. M. 



Friday Oct. 20 th ' 1809, 9 Oclock A. M. 

The Council met pursuaut to adjournment. 

His Excellency directed the Secretary to present the following com- 
munication to the House: 

To the lion, the Speaker of the House of Representatives now sitting: Sir, 
I herewith transmit to you sundry papers which have been communica- 
ted to me by my predecessor in office, Governor Tichenor, for the in- 
formation of the House of Representatives. No. 2, contains a Copy of 
a letter from Gov. Tichenor explanatory of papers accompanying it. 
You will likewise learn from it that there is a vacancy (occasioned by 
court Martial) in the office of Brigadier General of the 3 d brigade & 3 d 
division of the Militia of this State, which will require your attention 
to fill in the course of the present session. You will also find the cor- 
respondence between Governor Tichenor & Gov. Craig in pursuance to 
the resolution of Nov. 11 th ' 1808, respecting the Counterfeiters on Can- 
ada line; and also the account of Capt. J. Dunham, who was commis- 
sioned on that business to the Governor of Canada. 1 No. 1, Contains the 
Communications of Massachusetts & Pennsylvania Executives contain- 
ing certain resolutions proposing amendments to the constitution of the 
United States. Also resolutions of the States of Massachusetts & Ma- 
ryland, disapproving of the amendments of the Constitution of the Uni- 
ted States proposed by the State of Virginia on the 9 th of February 
1808. All which is submitted, Jonas Galusha. 

The Petition of N. Mansfield for a renewal of a lottery was rec d from 
the house with an order thereon referring the same to the Comm ee of 
[on] the petition of [Daniel] Hammond, which was read & Resolved to 
concur with the house in said reference. 

The Petition of Jacob Holmes & Thankful Holmes was rec d with an 
order of the House thereon referring the same to the Committee on the 
Petition of the Heirs of Ebenezer Williams, which was read & on mo- 
tion it then was Resolved to concur with the House in their said ref- 
erence. 

The Petition of the town of Concord was rec d with an order of the 
house thereon referring the same to the joint Committee of 5 to join a 
Committee from Council, which was read & it was resolved to concur. in 
said reference, & that Mr Keyes join said Committee on the part of 
Council. 

The petition of Jonathan Aiken & al. for a grant of land was rec d with 
an order thereon referring the same to the joint Committee of 5 to join 
a Committee from Council, which was read & it was Resolved to concur 
in said reference & that Mr Keyes join said Committee on the part of 
Council. 

The Petition of Stephen Judd & George Tiffany was rec d from the 
house praying for an act of incorporation for a Marble factory, with an 

1 See Appendix J. 



256 Governor and Council — October 1809. 

order thereon to refer the same to the joint Committee on Manufac- 
tures, which was read & on motion it was then Resolved to concur with 
the House of Kepresentatives on s d Reference. 

Rec d from the House the Petition of Hartford praying for the repeal 
of a certain act &c. with an order of the House thereon referring the 
Same to the joint Committee on the Petition of the town of Leicester, 
which was read & it was Resolved to concur with the House of Repre- 
sentatives in said reference. 

The bill entitled ''an act concerning writs of Error & audita Querela" 
was rec d again from the house with an order thereon recommitting the 
same to the former Committee & it was then Resolved to concur with 
the house in their recommitment of the Bill. 

[Rec d ] the Petitions for land tax on the towns of Derby, Salem, Newark, 
Easthaven, Granby & Guildhall, with an order of the house on each 
referring the same to the joint Committee of the 3 d land tax, which were 
then severally read & on motion it was Resolved to concur with the 
house in their said reference. 

The Petition of the trustees of Franklin County Grammar School was 
rec d from the House with an order thereon appointing" the joint Com- 
mittee on The petition of Franklin County Grammar School, which was 
read & then on motion it was Resolved to concur with the House of 
Representatives in said reference. 

The Petition of Enosburgh for a lottery was rec d with an order of the 
house thereon referring the same to the joint Committee on the Petition 
of Daniel Hammond, which was read & it was Resolved to concur with 
the house in said reference. 

The Petition of the town of Salem for a land tax was rec d with an 
order of the house referring the same to 3 d land tax Committee, which 
was read & it was resolved to concur with the house in said reference. 

Rec d from the House the resolution authorizing select men to sell 
school lands & which was referred by the House to a Committee of 5 to 
join, which was read & Resolved to concur in said reference & Messrs 
Butler & Loomis joined. 

The Petition of Abiel Bugbee was rec d with an order of the house 
referring the same to the joint Committee on the Petition of Levi Hall, 
which was read & it was Resolved to concur with the House in their said 
reference. 

Rec d from the House the resolution respecting the parade grounds, 
with an order of the house referring the same to a Committee of 3 to 
join a Committee of Council, which was read & Resolved to concur with 
the house in said reference & Mr. Wright joined. 

Rec d from the House the following Resolution respecting Commit- 
tees: Mr Knights was on motion excused from serving on the Petition 
of the Proprietors of Mt. Tabor, & Mr E. May app d in his room. Mr 
Pliny Smith was on motion excused from serving on the 1 st land tax 
Committee & Mr Saxton app d in his Room. Mr. Cameron was on mo- 
tion excused from serving on the Committee' raised on the petition for 
a new county & Mr. Noyes appointed in his room. Extract from Jour- 
nal, Attest W. D. Smith Clerk. 

Adjourned [to] 2 OClock P. M. 

2 O'CLOCK P. M. — Petitions for land taxes were rec d praying taxes on 
the towns of Peru & Enosburgh with orders of the House referring 
the same to the 1 st land tax Committee, which was read & it was Re- 
solved to concur with the house in passing said reference. 

The Petition of Jonas Cutting was rec d from the House with an order 
of the House on the same referring it to the joint Military Com ee » which 



Governor and Council — October 1809. 257 

was read & it was on motion Resolved to concur with the House in their 
said reference. 

Rec d from the house the Petition of William Scott [and] J. Spencer 
& al. with an order of the house thereon to appoint a Committee of 3 
to join a Committee of Council, which was read & Resolved to concur 
with the house in s d reference & Mr French joined. 

The Petition of Paul Champlin & others was rec d with an order of 
the house thereon referring the same to the joint Committee on the 
Petition of Levi Hall, which was read & on motion it was Resolved to 
concur with the house in their said reference. 

The Petition of Clark Conant was rec d from the house [with an order] 
referring the same to the joint Committee on the Pet. of Gad Langdon 
& others; after being read on motion it was Resolved to concur with the 
house in their foregoing reference. 

Rec d from the House the Petition of Gad Langdon & others with an 
order of the House to join appointing a Committee of 3 to join a Com- 
mittee of Council, which was read & on motion Resolved to concur in 
said reference & Mr Chittenden joined. 

The Petition of the inhabitants of Sharon & Royalton was rec d with 
an order of the house referring the same to the joint Committee on the 
Petition of Wells, & it was read & Resolved to concur with the house in 
their foregoing reference. 

The Petition of Francis Ledyard read & ordered to lie. 

Rec d from the House the engrossed bill entitled " an act in addition 
to an act providing for the building of a State's prison," which was read 
& it was Resolved to concur with the house in passing the Same. 

Adjourned to 9 O'Clock tomorrow morning. 



Saturday October 21 6t > 1809, 9 Oclock A. M. 

The Council met pursuant to adjournment. 

His Honor the L*- Governor & Council went to the Representatives' 
room & met the House in joint Committee & then adjourned the Same 
to Saturday morning at the opening of the House. 

On the Petition of Daniel Hammond Mr Seymour was joined to the 
Committee previously appointed. 

The Petition of the inhabitants of Essex County praying to be sepa- 
rated from the County of Caledonia &c. was rec d with an order of the 
House referring the same to the joint Committee on the Petition for a 
new County, which then was read & on motion it was Resolved to con- 
cur with the House in said reference. 

The ball entitled " an act in amendment of an act laying a tax of 2 
cents pr acre on the town of Canaan" was rec d with an order of the 
House referring the same to the 3 d land tax Com ee » which was read & it 
was Resolved to concur with the House in said reference. 

The Petition of John R. Gibson was rec d with an order of the house 
to refer the same to the joint Committee of Suspension &c. which was 
read & it was Resolved to concur with the House in said reference. 

The Treasurer's report respecting Hawkers & Pedlars was rec d & read 
& it was resolved to refer the same to the Com ee on the original resolu- 
tion respecting Hawkers & Pedlars. 

The Petition of Orson Martin was rec d praying for exclusive privilege 
of Running a Stage. &c. with an order referring the same to the joint 
Committee on the Petition of Eleazer Wheelock, which was read & it 
was Resolved to concur with the House in said reference. 

Rec d from the House the Petition of Joel Tinker & account with an 

17 



258 Governor and Council — October 1809. 

order of the house referring the same to the joint Committee of Claims, 
which was read & it was Resolved to concur with the house in their 
foregoing reference. 

Rec d from the House the Petition of Moses Wallace which was re- 
ferred by order of the House to the joint Com ee on the Petition of Scott, 
Spencer & Elkins, which was read & Resolved to concur with the House 
in said reference. 

Rec d from the House the account of Capt. J. Dunham with an order ©f 
the house referring the same to the joint Committee of Claims, which 
was read & on motion it was Resolved to concur with the house in said 
reference. 

Rec d from the House the petition for a land tax on the Town Of 
Marshfield with an order of the House referring the same to the joint 
Committee of the 2 d land tax, which was read & it was concured to join 
said reference. 

Adjourned to 2 O'Clock P. M. 

2 OClock P. M. — The Council met pursuant to adjournment. 

Rec d from the House the petition of the trustees of Middlebury Col- 
lege with an order of the House referring the same to a Committee of 3 
members to join a Committee of Council, which was read & on motion 
it was Resolved to concur with the house of Rep. in said reference. 

Rec d from the House the petition of Ebenezer Marvin with an order 
&c. of the house appointing a Comm ee of 3 to join a Conim ee of Council 
which was read & it was Resolved to concur with the house in their said 
reference, & Mr Chittenden joined. 

The Petition of Francis Ledya'rd praying for a pardon was again 
Called up & alter debate & consideration ordered to lie. 

Adjourned to 9 OClock A. M. next Monday. 



Monday, Oct. 23 d ' 1809, 9 OClock A. M. 

Mr Dennison appeared in Council, received the oaths of office & took 
his seat as Councillor. 

Mr Knight moved for & was allowed leave of absence for 8 days. 

Rec d from the House the account of John Barney with an order of 
the house referring the same to the joint Committee of Claims, which 
was read & on motion it was then Resolved to concur in said reference. 

Rec d from the house the following resolution: In General Assembly 
Oct. 21 8t > 1809. Resolved, the Governor & 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 Briga- 
dier General to supply the vacancy which has recently occurred in the 3 
brigade 3 d Division of the militia of this State. Attest W. D. Smith 
[Clerk,] which was read & it was Resolved to concur with the House in 
their foregoing resolution. 

Rec d from the House the Petition of the inhabitants of Brookline, on 
which Mr Wright had been appointed a Committee from Council to join 
a Committee of the House, which was read & Mr Wright was discharged 
therefrom & Mr Dennison appointed in his room. 

Mr Wright was discharged from the Committee appointed on the 
resolution respecting the laying out military parades in each town & the 
Lieut. Governor was appointed in his room. 

Rec d from the House the resolution appointing a Committee of 5 
members of the house to join a Committee of Council to take into con- 
sideration the act for the support of schools, which was read & it was 
Resolved to join in said reference & Messrs Dennison & Seymour joined. 



Governor and Council — October 1809. 259 

Rec d from the House the bill entitled an act authorizing Levi Ben- 
nett to complete the collection of the Cent tax in Sherburne, which was 
read & it was Ordered to be committed to Mr French to report amend- 
ments if needed. 

Rec d from the House the engrossed bill entitled "an act freeing the 
body of John Strong from arrest," [which] was read & ordered to be 
committed to the I> Governor for revision &c. 

. Rec d from the House the bill entitled "an act directing the treasurer 
to credit Josiah Barton the sum therein mentioned," which was read & 
it was on motion Resolved to concur with the House in passing the 
foregoing bill. 

Rec d from the House the bill en d an act altering the name of James 
Tracy 3 d to that of James Carlton Tracy, which was read & ordered to 
be Committed to Mr Keyes for revision or amendment. 

Rec d from the House the bill entitled "an act directing the treasurer 
to pay John Stowel the Sum therein mentioned," which was read & it 
was then on motion Resolved to concur with the House in passing said 
Bill into a Law. 

Rec d from the Bouse the bill entitled "an act to legalize certain town 
records of the Town of Brandon," which was read & Resolved to concur 
with the house in passing said bill. 

Adjourned to 2 OClock P. M. 

2 OClock P. M.— His Excellency ordered the Secretary to carry the 
following communication to the House: 

To the Hon. D. Chase Esquire Speaker of the House of Representatives : 
Sir, I have rec d this State's proportion of the acts passed at the first ses- 
sion of the 10 th Congress, being 280 copies. The Gen 1 Assembly will 
direct the mode of distribution. J. Galusha. 

Rec d from the House the Petition for a land tax on the town of Bristol 
with an order of the house thereon referring the same to the joint land 
tax Committee. Concurred. 

Rec d from the House the 2 bills, each entitled "an act in addition to 
an act &c. for governing the militia of this State," with an order of the 
house referring the same to the joint military Committee, which were 
read & it was on motion Resolved to concur with the house in said ref- 
erence. 

The bill entitled an act for the relief of Daniel Peasly was rec d with 
an order of the house referring the same to the joint Committee of 
Claims, which was read & it was Resolved to concur with the House 
of Rep. in the above reference. 

Rec d also the account of Eleazer Wheelock with an order of the house 
referring the same to the joint Committee of Claims, which was read & 
it was on motion Resolved to concur with the house of Repres ent in 
their said reference. 

The Engross 4 bill entitled "an act in addition to an act laying a tax 
of 2 Cents per acre on the town of Sherburne was rec d > read & referred 
to Gov. Brigham & Mr Crafts for examination & amendment, who re- 
ported the following amendments to the aforesaid bill which were read 
& adopted Viz. In the title of the act after the figures " 1807" add " and 
the act in addition thereto passed Nov. 10 th ' 1807, directing the expenditure 
of said tax." In the third line of the preamble erase the word "act" & 
insert the word "acts" & in the 8 th line of Sec. l 8t erase the word "act" & 
insert the word -acts" when it was Resolved to concur with the house 
[in passing the bill] with said amendments, and Mr Crafts assigned the 
reasons to the house. 

The bill entitled "an act authorising Levi Bennett to compleat the 



260 Governor and Council — October 1809. 

collection of the Cent tax tax in Sherburne" was called up & it was re- 
solved to concur with the House in passing said bill with the following 
amendment Viz. at the end of the bill add the following — "And shall, in 
"all things relating to the holding such vendue, receiving redemption 
"money, recording proceedings & giving deeds, haye power & comply 
"with all the requisitions contained in the act assessing said Tax." And 
Mr Crafts assigned the reasons. 

Adjourned to 9 O'Clock Tomorrow morning. 



Tuesday October 24 th ' 1809, 9 OClock A. M. 

The Council met Pursuant to adjournment. 

The Engrossed bill entitled "an act altering the name of James Tracy 
3 d to that of James Carlton Tracy" was called up, read & it was Re- 
solved to Concur with the house in passing the Same. 

Rec d from the House the Petition of Lincoln for a Land tax with an 
order of the house thereon referring the same to the 2 nd joint land tax 
Committee, which was read & it was Resolved to concur with the House 
in their said reference. 

Rec d from the House the Petition of Joseph Holcomb with an order 
of the House for a recommitment to the former Committee on the same, 
and it was Resolved to join the recommitment of said Petition. 

Rec d from the House the bill entitled "an act incorporating Robert 
Bowne, Isaac Clason, John A. Graham & their associates" with an order 
of the house for recommitment, & it was Resolved to concur with the 
house in their recommitment. 

The Petition of Francis Ledyard stating that he now is confined in 
State's Prison on a conviction of Manslaughter for the term of ten 
years, praying for pardon, and on the question shall the Prayer of the 
petition be granted, the yeas & Nays were called for & taken as follows: 
Yeas none. Nays were His Hon. the L* Governor, E. Keyes, N". Chit- 
tenden, B. Loomis, E. Butler, F. Bliss, S. C. Crafts, G. Dennison, H. 
French, H. Seymour, W. Hunter, & so the prayer was not granted & on 
motion the Petition was Ordered to be dismissed. 

His Excellency the Gov. & Council agreeable to the concurrent Reso- 
lution of both houses proceeded to the Representatives' room & met the 
house in joint Committee for the purpose of Electing a Brigadier Gen- 
eral of the 3 d brigade & 3 d Division of the Militia of this State & after 
compleating the same returned to their Chamber & resumed business. 1 

The Bill entitled "an act to free the body of John Strong from arrest" 
was called up & it was then on motion Resolved to concur with the 
House in said bill with the following amendment Viz. after the words 
"that the''' in line 2 d of the act insert "Body of John Strong of Ryegate in 
"the County of Caledonia & State of Vermont be & hereby is freed from 
"arrest & imprisonment on any civil process for any debt or contract 
"whatever made & contracted before the passing of this act for & during 
"the term of five years next following the rising of the present Session 
"of the legislature." And His Hon. the L*- Governor assigned the rea- 
sons to the House. 

Adjourned to 2 Oclock P. M. 

2 O'clock P. M. — The Council met pursuant to adjournment. 
The Treasurer's report respecting the laws was rec d with an order of 
the house appointing a Committee of 3 of the house to join a Commit- 

* Elias Fasset was elected. 



Governor and Council — October 1809. 261 

tee of Council, which was read & Kesolved to concur with the House in 
their said reference. 

Rec d from the House the Engrossed bill entitled "an act for the relief 
of Levi Hall & Salmon Hall," which was read & Resolved to concur 
with the House in passing said bill. 

The Bill entitled " an act to free the person of John Strong from ar- 
rest," which had been sent to the House with proposals of amendment of 
Council, was now returned nonconcurred as to the amendments, & Mr 
Clap, appeared in Council & assigned the reasons, & on motion it was 
Resolved to rescind from the said Proposals of amendment & said bill 
was then Committed to Mr Butler for examination. 

Adjourned to 9 O'Clock A. M. Tomorrow. 



Wednesday Oct. 25 lh - 1809, 9 O'Clock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House the Engrossed bill entitled " an act Discharging 
David Ramsdell & others from a certain note therein mentioned," which 
was taken under consideration & after Debate it was Resolved to non- 
concur with the House in passing said bill & Mr Loomis & Mr French 
reported the reasons which the Secretary carried to the House. 

Rec d from the House the bill entitled t; an act in addition to an act 
entitled an act for the purpose of founding an University at Burlington 
Passed Nov. 3 d ' 1791," with an order of the House referring the same 
to a Committee of 5 to join a Committee of Council, which was read & 
on motion it then was Resolved to concur with the house in said refer- 
ence & Messrs Loomis & Crafts joined. 

Rec d from the house the Petition of Samuel Barlow & others respect- 
ing the removal of the County buildings of Franklin Co?- with an order 
of the House referring the same to the joint Committee on the Petition 
of the inhabitants of Bennington County, which was read & it was Re- 
solved to concur with the House in said reference. 

Rec d from the House the Petition of Alanson Ferris with an order of 
the house referring the same to the Committee to whom the Petition 
was previously committed, which was read & it was Resolved to concur 
with the house in said reference. 

Rec d from the house the Petition of Hinesburgh with an order of the 
House referring tho same to the joint Committee of 3 d land tax, which 
was read & it was resolved to concur with the house in said reference. 

Ajourned to 2 OClock P. M. 

2 OClock Afternoon. — The Council met pursuant to adjournment. 

Benjamin Swan Esquire appeared in Council with a bond executed by 
himself & sureties for the performance of his office as treasurer of this 
State for the year ensuing, which was approved of by the Governor & 
Council & after having received the oaths of office he withdrew. The 
Sureties of said Bond were Arad Hunt & Elias Keyes. 

The Petitions of the inhabitants of Landgrove, Winhall, Andover, 
Londonderry, Windham, & Peru, praying that the citizens of these 
towns who are liable to perform military duty may be formed into a sep- 
arate regiment, were filed & read & after consideration ordered to lie on 
the table. 

The bill entitled an act freeing the body of John Strong from arrest 
& his property from seizure on Execution &c. was called up & on moti( n 
it was Resolved to concur with the house in their said bill with the fol- 
lowing amendments, to wit, At the end of the bill add the following 



262 Governor and Council — October 1809. 

Proviso: "Provided Nevertheless, that this act shall not take effect until 
u the said John Strong shall have given a bond with surety to the ac- 
" ceptance of one of the Judges of Caledonia County Court, conditioned 
" that the said John Strong shall not waste his property during said 
" term & also that any creditor or creditors who may have obtained any 
•* lien upon any property of the said John by virtue of any writ of at- 
" tachment or execution shall be entitled to an equal privilege in the 
" recovery of his or their demands at the expiration of said term as he 
" or they could have had before the passing of this act." Tie reasons 
were ordered to be assigned to the house. 

Rec d from the house the Engrossed bill entitled " an act for the relief 
of Joseph Holcomb of Panton," which was read & it was Resolved to 
concur with the house in passing said bill into a law. 

Rec d from the house the Petition of Craftsbury for a land tax with an 
order of the House referring the same to the 3 d joint land tax Commit- 
tee, which was read & it was Resolved to concur with the House in their 
said reference. 

Rec d again the account of Capt. Dunham with an order of the House 
to recommit the same to the joint Committee of Claims," & it was Re- 
solved to concur with the house in their said reference. 

Rec d from the house the bill entitled " an act granting relief to an in- 
firm Indian by the name of Joseph,' 1 with an order of the House refer- 
ring the same to the joint Committee on the Petition of James D. 
Butler, which was read & on motion it was Resolved to concur with the 
House in their said reference. 1 

Adjourned to 9 Oclock A. M. tomorrow. 



Thursday October 26 th - 1809, 9 OClock A. M. 

Rec d from the House the Engrossed bill entitled "an act giving 
Middle-hero the right of Representation in general assembly" which 
was read & it was Resolved to concur with the house in passing this bill. 

Rec d from the House the engrossed bill entitled "an act to revive a 
tax on Huntsburgh" [which] was read & on motion it was Resolved to 
concur with the house of Representatives in passing said bill. 

Rec d from the house the engrossed bill entitled "an act directing the 
treasurer to pay Jacob Galusha the sum therein mentioned," which was 
read & it was resolved to concur with the House in the same. 

Rec d from the House the Engrossed bill entitled "an act granting to 
Enoch Billings the right of Keeping a ferry across Missisquoi bay" 
which was read & committed to Mr Dennison to report information. 

The Petition of Charles Johnson praying for pardon, having been con- 
victed of passing Counterfeit money & now confined in State's prison, 
was rec d - which was read & on the Question Shall the prayer thereof be 

x Joe was an ardent Whig, and once, with his wife Molly, visited Gen. 
Washington during the revolutionary war, and they were kindly re- 
ceived. Joe's hatred to the British was so strong that, after the war 
had closed, he would not cross the boundary line into Canada, even in 
pursuit of game. By the act of 1809, Frye Bailey of Newbury was 
made his guardian, receiving not exceeding seventy dollars annually 
from the State, with whom Joe lived until his death, Feb. 19, 1819, aged 
eighty years or more. He was the last of the Indians at Coousuck. — 
See Vt. Historical Magazine, Vol. n, pp. 925, 926. 



Governor and Council — October 1809. 263 

granted? The Yeas & Nays were called for: Yeas, None; Nays P. Brig- 
ham, Keyes, Chittenden, Loomis, Butler, Bliss, Crafts, Dennison, 
French, Seymour, Hunter; so the prayer was not granted, & Petition 
ordered to be dismissed. 

Rec d from fhe House the Bill entitled "an act restoring Grant Weed 
to his law/' which was read & it was Resolved to concur with the House 
in passing said bill. 

Rec d from the house the Engrossed bill entitled "an act for the benefit 
of Bradley Wilson & Moses Wilson," which was read & ordered to lie. 

Adjourned to 2 O'Clock P. M. 

2 O'Clock P. M. — The Council met pursuant to adjournment. 

Mr Dennison, to whom was referred the bill en d "an act granting the 
right of ferry to Enoch Billings across Missisquoi Bay," reported the 
Same without amendment & it then was Resolved to "concur with the 
house in passing said bill. 

Rec d from the House the Engrossed bill entitled "an act in addition 
to an act ascertaining the principles upon which the lists of this State 
&c." which was read & committed to Messrs Seymour & Crafts for ex- 
amination. 

The Engrossed bill entitled "an act for the benefit of Bradley Wilson 
& Moses Wilson" was called up & it was on motion then Resolved to 
concur with the Gen. Assembly in passing the same. 

Rec d from the House the Engrossed bill entitled "an act appointing a 
Committee to examine the road from Salsbury to West Rutland & em- 
powering them to discontinue it," which was read & Resolved to concur 
with the^House in passing the same. 

The Petition of George Parker praying for pardon, stating that he 
was convicted of passing counterfeit money, was read & it was then 
ordered to lie on the table. 

Adjourned to 9 O'clock tomorrow A. M. 



Friday Oct. 27 th > 1809, 9 O'Clock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House the Engrossed bill entitled "an act directing the 
treasurer to pay John Johnson the sum therein mentioned," which was 
read & it was then on motion Resolved to concur with the House in 
passing the aforesaid Bill. 

Rec d from the Plouse the Petition of Elias Gallupp & H. B. Brown 
praying to be incorporated & to be known by the name of the "Vermont 
Merino Society" with an order of the House referring the same to the 
joint Committee of Manufactures, which was read & it was Resolved to 
concur with the house in their aforesaid reference. 

Rec d from the House the account of Harry Hale with an order of the 
House referring the same to the joint Comm ee of Claims, which was 
read & on motion it was then by Council Resolved to concur with the 
House in their said reference. 

The resolution of the House relating to taking into consideration the 
Law respecting the probate of Wills & Testaments & Settlement of 
estates was rec d with an order of the House referring the same to the 
joint Committee on the petition of Timothy & Mary jenner, which was 
read & on motion it was Resolved to concur with the House in said 
reference. 

Rec d from the House the account of Frye Bayley with an order of the 
House referring the same to the joint Committee of Claims, which was 



264 Governor and Council — October 1809. 

read & it was then on motion Resolv d to concur with the House in said 
reference. 

Rec d from the House the Engrossed bill entitled "an act directing the 
treasurer to pay John Barney the sum therein mentioned," which was 
read & Resolved to concur with the House in passing said Bill into a 
Law. 

Rec d from the House the bill entitled "an act establishing a Cotton & 
"Woolen Manufactory in Windsor" with an order of the House referring 
the same to the joint Committee on manufactures, which was read & it 
was Resolved to concur with the House of Representatives in said 
reference. 

Adjourned to 2 OClock P. M. 

2 Oclock P. M. — Council met pursuant to adjournment. 

Rec d from the House the Engrossed bill entitled "an act incorporating 
Robert Bowne, Isaac Clason, John A. Graham & their associates," which 
was read & committed to Messrs Butler & French for examination. 

Rec d from the House the engrossed bill entitled "an act appointing a 
Committee to lay out a road from Montpelier to Elmore," which was 
read & it was on motion Resolved to concur with the House of Repres vs 
in said Bill. 

Rec d from the House the Engrossed bill entitled "an act directing the 
Treasurer to pay Elisha King the sum therein mentioned" which was 
read & it was then on motion Resolved to Concur with the House in 
passing the same. 

Rec d from the House certain resolutions thereof of nonconcurrence 
with the proposals of amendment to the United States Constitution sent 
to the Governor of this State by the Executives of the States of Massa- 
chusetts, Virginia & Pennsylvania, which were read & it was Resolved 
to concur with the House in their resolutions of nonconcurrence to the 
said proposals of amendment aforesaid. 

Rec d from the House the Engrossed bill entitled "an act directing the 
commissary General to procure ordinance for this State & appropriating 
a sum of money for the purchase of the same," which was read & it was 
resolved to concur with the House in passing the same with the follow- 
ing amendments: in Sec 2 nd 7 th line after the word "Brigades" add "<fc 
the Captain of the Washington Artillery Company" & Mr Loomis assigned 
the reasons to the House. 

The engrossed bill entitled "an act incorporating Robert Bowne, 
Isaac Clason & John A. Graham & others their associates" was again 
read & it was then Resolved to concur with the House in their said bill 
with the following amendments beginning at the words u and also" in 
the 6 th line from the end of the bill & Erase the remainder, & Mr Butler 
assigned the reasons to the House. 

The Petition of George Parker, Praying for a pardon, stating that he 
had been convicted &c. and was now confined in State's Prison, was now 
called up & on the question u shall the prayer of the petitioner be 
granted"? the Yeas & Kays were called for & Yeas were none; Naj'S 
were Gov. Brigham, Keyes, Chittenden, Loomis, Butler, Bliss, Crafts, 
G. Dennison, French, Seymour & Hunter, so the Prayer was not granted 
& the petition ordered to be dismissed. 

The Petition of Beniah Woodward, Stating that he had been convicted 
of passing Counterfeit money & [was] now confined in State's Prison & 
praying for a remission of the fine & costs he having suffered the cor- 
poral part & imprisonment of said punishment, and the question was 
taken "shall the prayer of said Petition be granted so far as it relates to 
the fine & Costs"? The Yeas & Nays were called for & There were 



Governor and Council — October 1809. 265 

Yeas Gov. Brigham, Keyes, Chittenden, Loomis, Bliss, Crafts, Denni- 
son, French, Seymour & Hunter. Nays, Butler, so the prayer was 
granted so far as to remit the fine & Costs. 
Adjourned to 9 OClock A. M. tomorrow. 



Saturday October 28 th . 1809, 9 O'Clock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House the account of David Sanford with an order of 
the House referring the same to the joint Committee of Claims, which 
was read & it was then on motion Resolved to concur with the House in 
their said reference. 

Pursuant to the adjournment of the joint Committee of the whole the 
Governor & Council met the House in the Reps, room in joint Commit- 
tee for the purpose of receiving & making County appointments & after 
progressing in the same the Committee adjourned to 2 OClock P. M. 
Tuesday next, when the Governor & Council returned to their Chamber 
and then adjourned to 2 OClock P. M. 

2 O'CLOCK P. M. — The Council met pursuant to adjournment. 

The Bill entitled "an act incorporating Robert Bowne, Isaack Clason, 
John A. Graham & their associates," [was called up] and on motion it 
was Resolved to reconsider the last resolve on the bill concurring with 
the house in passing said bill with certain amendments, in order to pro- 
pose further amendments, & on motion it was then Resolved to concur 
with the house in passing said bill as originally sent from the house to 
Council with the following amendments added to the bill: ''Provided 
"also that nothing in this act contained shall operate to enable the said 
"corporation to hold, occupy or enjoy any rights & privileges to the ex- 
clusion of any person, who before the passing of this act have acquired 
"any interest in the said grant to the said John A. Graham by purchase 
"or consent from him of the same or any part thereof." Mr Keyes 
assigned the reasons to the house. 

Rec d from the House the Engrossed bill entitled "an act directing the 
States Atty of Bennington County to Stay proceedings in a certain case 
therein mentioned" with an order of the house referring the same to a 
joint Committee of the House & Council, which was read & it was 
resolved to join in said reference of the House & Mr Dennison joined 
said Committee from Council. 

Rec d from the House the following Engrossed bills Viz. one entitled 
"an act granting to the heirs of Ezra Williams a rehearing in a certain 
case therein mentioned," one " directing the treasurer to pay the 1 st 
Constable of Barnet the sum therein mentioned," one "directing the 
treasurer to pay Silas Alger Jr. & Samuel Bliss the sum therein men- 
tioned," one "authorising Samuel Burnell administrator to the estate of 
Arba Green to sell certain lands therein mentioned," one "laying a tax 
of 3 Cents per acre on the town of Lyndon," one "alteriug the name 
William Arnold Razey," one "laying a tax of 4 Cents pr acre on the town 
of Wolcott," one "laying a tax of 4 Cents Pr acre on town of Billymead," 
& one "authorising Thankful Holmes & Jacob Holmes to sell real estate," 
which were severally read & it then was Resolvod to concur with the 
House in passing the same into laws. 

Adjourned to 9 OClock Monday morning. 



266 Governor and Council — October 1809. 

Monday October 30 th 1809, 9 OClock A. M. 

The Council met pursuant to adjournment. 

The engrossed bill entitled "an act directing the Commissary General 
to procure ordinance for the State & appropriating a sum of money for 
the purpose of purchasing the same," which was sent down to the house 
with certain proposals of amendment (see page 264) was returned to 
the Council with a nonconcurrence of the house thereto, & Mr Olin 
appeared in the Council & assigned the reasons of the House, which 
were taken into consideration & it was then on motion Resolved to 
rescind from their former proposals of amendment and then concur 
with the House in passing said bill with the following amendments: in 
the 6 th line from the top of section 2 nd erase the word "two" insert "one" 
& in the next line after the word "brigades" insert "and the captain of 
the Washington Artillery Company." Mr Crafts assigned the reasons 
to the House. 

Rec d from the House the account of Oliver Barker with an order of 
the House referring the same to the joint Committee of Claims, which 
was read & it was Resolved to concur with the House in their said 
reference. 

Rec d from the House the bill entitled "an act to continue the act 
laying a tax of 2 cents pr acre on the town of Troy" with an order of the 
House referring the same to the 3 d joint Committee of land taxes, & it 
was read & Resolved to concur with the House in their said reference. 

Rec d from the House the account of Freeman Vining for compensa- 
tion for taking counterfeiters, with an order of the house referring the 
same to the joint Committee of Claims, which was read & Resolved to 
concur with the house in said reference. 

The resolution of the House of Oct. 26 th ' 1809, which related to the 
Resolution of the State of Massachusetts proposing amendments to the 
constitution of the United States to prevent an embargo hereafter to be 
laid for more than thirty days after the beginning of the session of Con- 
gress next after the session in which said embargo was laid, [was called 
up.] The resolution of the house on the aforesaid [was] as follows, Yiz. 
" Resolved that we do not concur in the amendments contemplated in 
the foregoing resolutions so adopted by the legislature of Massachu- 
setts; And also Resolved that the governor of this State be requested 
to transmit copies of the foregoing resolution to the executive authority 
of the Several States," which being read it then was Resolved to concur 
with the house in their foregoing resolutions. 

Received from the House the following resolution, Yiz. "In Gen. As- 
sembly Oct. 26 th - 1809. Whereas His Excellency the Gov. of this State 
has communicated to this assembly certain resolutions adopted by the 
Legislature of the State of Pennsylvania proposing amendments to the 
Constitution of the United States so that [an] impartial tribunal may be 
established to determine disputes between the General & State Govern- 
ments. And whereas such disputes are not so frequent nor of sufficient 
magnitude in our opinion to render such tribunal necessary: Therefore, 
Resolved That we do not concur in recommending the amendment pro- 
posed in the resolution aforesaid, & also Resolved that the Governor of 
this State be requested to transmit copies of the foregoing resolution to 
the executive authority of each of the several States. Attest W. D. 
Smith Clerk," which being read, it was Resolved to concur with the 
house in their said Resolution. 

The bill entitled "an act directing the Commissary general to procure 
ordinance for this State & appropriating a Sum of money &c." which was 
sent down to the House with certain proposals of amendment was re- 
turned to the Council with a nonconcurrence of the house to the same, 



G-overnor and Council — October 1809. 267 

& Mr Hutchinson appeared in Council & assigned the reasons of the 
House, & it was then taken under consideration of Council & on motion 
Resolved to rescind from the former proposals of amendment and then 
Resolved to concur with the house in passing said bill with the follow- 
ing amendments, (added to those which had been previously sent, & 
upon which the Council last rescinded) Viz. " 10 th line !$ec. 1 st erase the 
word " two " & insert " one," " 13 th line of same Sec. erase the word " two " 
& insert " one," in the 4 th line of the Proviso erase the word " two " & 
insert " one." 

Mr Butler was excused for the remainder of the session. 

The Petitions of Landgrove, Windham, Peru, Winhall & Andover & 
Weston were called up & on motion Ordered to be laid over to the next 
session of the legislature. 

Adjourned to 2 OClock P. M. 

2 OClock P. M. Oct. 30 th « 1809.— The Council met pursuant to ad- 
journment. 

Rec d from the House the resolution " respecting Banks & the failure 
of bills," with an order of the House thereon referring the same to a 
Committee of three 'to join a Committee of Council, which was read & 
it was Resolved to concur with the House in their said reference. 

Rec d from the House the Petition of Milton for a land tax, with an 
order of the house thereon referring the same to the 3 d joint land tax 
Committee, which was read & it was Resolved to concur with the House 
in their said reference. 

Rec d from the House the engrossed bill entitled " an act incorporating 
certain persons by the name of the Vermont Mineral factory Company," 
which was read & it was then Resolved, to concur with the house in 
passing the same with amendments. 

The bill entitled " an act ascertaining the principles upon which the 
list of this State shall be made up," was called up & ordered to lie for 
further consideration. 

Adjourned to 9 OClock tomorrow A. M. 



Tuesday October 31 8t « 1809, 9 OClock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House a bill entitled " an act reviving a land tax on 
New Huntington &c." with an order thereon referring the same to the 
3 d joint land tax Committee; which was read & it was then on motion 
Resolved to concur with the House in said reference. 

Rec d from the House the bill entitled an act granting relief to John 
Vincent, with an order of the House referring the same to the joint 
Committee on the Petition of James D. Butler, which was then read & 
on motion it was Resolved to Concur with the House in their said refer- 
ence. 

Rec d from the House the bill entitled an act constituting a Company 
of Artillery in Brattleboro, with an order referring the same to the joint 
Military Committee, which was read & it was Resolved to concur with 
the House in said reference. 

The bill entitled "an act relating to writs of Error & Audita Querela" 
was called up & it was then Resolved to concur with the House in pass- 
ing the same with the following amendment, Viz. " Provided neverthe- 
less & it is hereby further enacted that this act shall not take effect 
"until the first day of January next, & that the Secretary of State be & 
"hereby is directed to cause this act to be printed as soon as may be 



268 G-overnor and Council — October 1809. 

"three weeks succesively in the Vermont Republican printed at Wind- 
sor & the Rutland Herald Printed at Rutland." And Mr Seymour as- 
signed the reasons to the House. 

The Engrossed bill entitled "an act incorporating certain persons 
therein named &c. by the name of the Middlebury Marble Factory com- 
pany," was read & on motion [it] was Resolved to concur with the 
House in passing the same into a law. 

Adjourned to 2 OClock P. M. 

2 OClock P. M. — The Council met pursuant to adjournment. 

The following engrossed bills were rec d from the House Viz. one 
entitled "an act authorising the administrators of the estate of Jonathan 
Parker deceased to settle disputes &c." one Entitled "an act directing 
the* treasurer to credit the town of Fayston the sum therein mentioned," 
one entitled "an act directing the treasurer to pay certain monies therein 
mentioned," one Entitled "an act directing the treasurer to pay Atherton 
Hall the sum therein mentioned," one entitled u an act directing the 
Treasurer to pay the sums therein mentioned," & one entitled "an act 
laying a tax of 4 cents pr Acre on the town of Coventry," which were 
read & it was on motion Resolved to concur with the House in passing 
the same into laws. 

Mr Rich, Member of the House, appeared in Council & returned the 
bill entitled "an act incorporating certain persons by the name of the 
Vermont Mineral Factory Company," & assigned the reasons of the 
House for nonconcurrence of the proposals of amendment of Council — 
when it was resolved that in the proposed amendment the words "-thirty 
years'- should be erased & '■'■fifteen years 1 '' inserted, & then it was Resolved 
to concur with the House in passing said bill as amended. 

Rec d from the House a resolution of the House nonconcuring with 
resolution of the Legislature of Virginia, proposing to amend the Con- 
stitution of the United States that the House of Representatives may 
remove Senators of Congress, which was read & it was Resolved to con- 
cur with the House in passing said resolution of the House. 

The bill entitled "an act establishing the principles upon which the 
list of this State shall be made," was called up & it was Resolved to con- 
cur with the House in passing the same with the following amend- 
ments, Viz. after the enacting clause erase the remainder of the bill, 
then add the following sections: "That any person within this State 
"having money on hand, or money due, or obligations payable either in 
"money or in cattle or any other Species of property, whether such obliga- 
tions have become due or are payable at a future day, over & above the 
"debts due from such person, shall have the same set in the list at the 
"rate of Six dollars for every one hundred dollars, & it shall be the duty 
"of the person exhibiting to the listers a list of his polls, ratable estate 
"& property agreeable to the 9 th Section of the Act to which this is an 
"amendment, to insert therein the amount of money on hand or due & 
"obligations of the description above mentioned over & above the debts 
"such person owes. Sec. 2 d and it is hereby further enacted, that if the 
"listers of any town shall be of an opinion that any person has money on 
"hand or due or obligations of the description above mentioned over & 
"above the debts due from such person & has neglected to insert the 
"amount thereof in his list as aforesaid, or has inserted in his list a less 
"amount than he ought, the listers are empowered & it is hereby made 
"their duty to assess the person, so neglecting or so inserting too small 
"an amount, in such sum as in their opinion would be equal to six per 
"cent, on the amount such person has so neglected to put in his list, & 
"said listers shall notify the person so assessed of the amount of his 



Governor and Council — November 1809. 269 

"assessment, and every person feeling him or herself aggrieved by such 
"assessment ma}' have the same relief and in the same manner as in 
"other cases of assessment is allowed by the 8 th Section of the act to 
"which this is an amendment, provided that the person asking such relief 
"shall disclose on oath before the justice of the peace to whom he ap- 
"plies for relief the amount of money he has on hand, or due, & of obliga- 
tions over & above what is due or owing from him, which oath shall be 
"administered by the said Justice in the form following, to wit: You. A. 
"B., do solemnly swear (or affirm as the case may be) that you will 
"make a true & faithful dislosure of all monies on hand, debts due or 
"obligations payable either in money, cattle or any other description of 
"property, whether such obligations have become due or are payable at 
"a future day, over & above what is due or owing from you, according to 
"your best judgment & knowledge. So help you God. Sec 3 d And it 
"is hereby further enacted, that all property in this State owned by 
"persons out of this State Shall be set in the list the same as if the 
"owner resided in this State," & Mr Seymour assigned the reasons to 
the House. 1 

Adjourned to 9 OClock tomorrow A. M. 



Wednesday November 1 st - 1809, 9 OClock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House the resolution appointing this morning the time 
for meeting in joint Committee of both houses for the purpose of choos- 
ing 13 directors of the State Bank & 5 Visitors of the State Prison, 
which was read and it was Resolved to concur with the house in passing 
said resolution with the following amendments: instead of " this morn- 
ing " for meeting insert " tomorrow morning" & Mr Dennison assigned 
the reasons to the House. Rec d information from the House of their 
concurrance to the above amendment. 

Mr Austin, on motion of Mr Seymour, obtained leave of absence 
during the remainder of the term. 

Rec d from the House the following bills — one entitled " an act in ad- 
dition to an act establishing a Turnpike Company by the name of the 
Missisquoi [Turnpike] Company," & one " giving the Northern turn- 
pike company further time," &c. with orders of the house referring the 
same to the joint Turnpike Committee, which were read & it was Re- 
solved to concur with the house in said reference. 

Rec d from the House the bills one entitled " an act to lay a land tax 
on the town of Barton," & one entitled " an act to revive a tax &c. on 
the town of Enosburgh Gore," with orders on each to refer them to 
2 d joint land tax Committee, which were read & Resolved to concur 
with the House in said reference. 

Rec d from the House the Engrossed bill entitled " an act relating to 
advertisements," and the bill " granting Caleb Hill a Ferry," [which] 
were read & it was on motion then Resolved to concur with the House 
in passing the same into laws. 

The engrossed bills entitled, one, " an act establishing a Cotton & 
Woollen Manufacture at Windsor," and the bill entitled " an act estab- 
lishing a Cotton & Woolen Manufacturing Company at Montpelier," 
were called up & read & it was on motion Resolved to concur with the 
House in passing the same- into laws. 

1 This third section is very inaccurately recorded in the journal, and is 
corrected above from the statute. 



270 Governor and Council — November 1809. 

Rec d from the House the following engrossed bills — one Entitled "an 
act granting to Edmund Knight a ferry," one "an act directing the 
treasurer to credit the town of Barnard the sum therein mentioned," 
one "an act assessing a tax of one cent on the dollar on the list of the 
present year" [state tax,] one "an act laying a tax of 4 cents on the acre 
on the town of Salem," one "an act Appointing a Committee to lay out 
a road. from Derby to Guildhall," which were read & it was on motion 
then Resolved to concur with the house in passiug them into laws. 

Adjourned to 2 OClock P. M. 

2 Oclock P. M. — The Council met pursuant to adjournment. 

The Engrossed Mil entitled "an act discharging JDavid Ramsdill & 
others from a note therein mentioned," which ^had been sent down to 
the house which the nonconcurrance ef Council, was returned from the 
House passed anew and Mr James Fisk appeared in Council & assigned 
the reasons, and the bill was read & it was Resolved to concur with the 
House in passing the bill. 

Rec d from the House the Eng d bill entitled "an act granting to 
Ebenezer Clark a new trial," which was read & it was then Resolved to 
concur with the House in passing the same. 

Rec d from the House the engrossed bill entitled "an act in relation to 
the Winooski turnpike company," which was read & it was then Resolved 
to concur with the house in passing the same. • 

Rec d from the House the Engrossed bill entitled "an act laying a tax 
on the County of Addison & for other purposes," which was" read & it 
was Resolved to concur with the House in passing the same into a law. 

Rec d from the House the bill entitled "an act establishing & giving 
Validity to the records of Waterford," which was read & was Resolved 
to Concur with the House in passing said bill into a law. 

Adjourned to 9 OClock A. M. tomorrow. 



Thursday November 2° d 1809, 9 OClock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House the following Engrossed bills — one En d "an act 
authorizing the Surveyor General to* procure certain records " &c. one 
Entitled "an act granting relief to an infirm Indian by the name of 
Joseph," which were severally read & it was Resolved to concur with 
the House in passing said bills into laws. 

Rec d from the House the accounts of Alexander Hutchinson and 
James H. Langdon, which were read & it was Resolved to concur with 
the House in referring them to the joint Committee of Claims. 

Rec d from the House the engrossed bill entitled "an act establishing a 
Company of Riflemen in the 3 d Regiment 2 d Brigade & 2 d Division," 
which was read & it was on motion Resolved to concur with the House 
in passing said bill into a law, with an amen 1 that none shall be enlisted 
out of standing companies so as to reduce them below 60 rank & file. 

Pursuant to resolution the Gov. & Council met the House in the 
Representatives' room in joint Committee to Elect directors of the State 
bank and visitors of State's prison, which was compleated & the Gov. & 
Council Returned & adjourned to 2 OClock P. M. 

2 OClock P. M. — Rec d from the House the Engrossed bill entitled 
"an act releasing the body of Ebenezer Sawyer from arrest or imprison- 
ment during his natural life," which was read & it was Resolved* to con- 
cm- with tho House in paPftiDg said bill with the following amendments, 
Viz. in the title of the act erase the words "natural life" & insert "Seven 
years" and in section 2 d line 4 th after the word "confined" [insert] "by 



Governor and Council — November 1809. 271 

the authority & for the causes mentioned in the 1 st Section of this act," 
& Mr Loomis assigned the reasons to the house. 

Pursuant to adjournment the Gov. & Council met the House in the 
representatives' room for the purpose of compleating the County ap- 
pointments & after compleating the same the Gov. & Council withdrew 
& returned to their Chamber. 

Rec d from the House the bill entitled "an act establishing a Manufac- 
turing company at Barre," with an order of the house referring the 
same to the joint Committee of Manufactures, which was read & it was 
Resolved to concur with the House in said reference. 

Rec d from the House the engrossed bill entitled "an act altering the 
time of holding Franklin County Courts," which was read & it was Re- 
solved to concur with the House in passing the same. 

Adjourned to 9 OClock tomorrow morning. 



Friday November 3<^ 1809, 9 OClock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House the engrossed bill entitled " an act granting to 
James Lewis the right of keeping a ferry across lake Champlain from 
Addison Vt. to Moriah N. Y." which was Read & it was Resolved to 
concur with the house in [passing] said bill. 

Rec d from the house the iollowiug bills, Engrossed & sent up to the 
Governor & Council for revision & Concurrance or proposals of amend 1 ' 
Viz. "An act laying a tax of one cent 5 mills per acre on the town of 
Marshfield," "An act laying 2 cents pr acre on the town of Bristol," 
"An act in addition to an act laying a tax of two cents per acre on the 
town of Canaan," "An act freeing the Body of Thomas Hodgkins from 
arrest," &"Au act to remedy the mistakes of the present year in the 
List," which were severally read it was Resolved to concur with the 
House in passing the same into Laws. And also the following engrossed 
bills — "An act directing the {State's Attorney of Bennington County to 
stay Proceedings against Aaron Wheeler & others," "An act granting 
relief to John Vincent," & one entitled "An act laying a tax of three 
cents per acre on the town of Irasburgh," which were read and it was 
Resolved to concur with the House in passing the same into laws. 

Adjourned to 2 OClock P. M. 

2 OClock P. M. — The Council Met pursuant to adjournment. 

Rec d from the House the engrossed bill entitled " an act granting to 
Elisha E. Reynolds the right of Keeping 'a ferry," which was read & it 
was resolved to concur with the house in passing the same into a law. 

Rec d from the House the bill entitled " an act [in addition to an act] 
entitled an act establishing a State Bank," which was read & then it was 
Resolved to concur with the House in passing the same with the fol- 
lowing amendments, Viz. in Sec. 1 st line 2 d ' erase the Sect, from the 
words '"Vermont that" 1 to the words " who shall that," & in line 6 th from 
the bottom insert "every contract made by the directors assigned to 
either Branch of the Vermont State Bank for borrowing money agree- 
ably to the 5 th Section of the act to which this is an amendment, or for 
any other purpose relating to the interest of such Branch, shall be bind- 
ing on the whole of the directors of said Bank." Then in the Section 
2 d * after the words " determine the" 11 insert" the sum each Branch shall 
be authorised to borrow & likewise the amount." And Mr Seymour as- 
signed the reasons. 

Rec d from the House the Engrossed bills entitled, one, " an act direct- 
ing the Treasurer of the State to pay Freeman Vining the sum therein 



272 Governor and Council — November 1809. 

mentioned," one, "directing the treasurer to pay David Sanford the sum 
therein mentioned," & one entitled " an act laying a tax of 4 cents pr 
acre on the town of Fayston," which were read & Resolved to concur 
with the House in passing the same into laws. 

Rec d from the House the Engrossed bill entitled "an act in addition to 
an act for regulating & governing the militia of this State," which was 
read & it was Resolved to nonconcur with the house in passing said bill 
— and the following reasons were drawn up by the I> Governor & sent 
to the House, Yiz. 1 st - because it imposes a hard & unreasonable duty 
"upon those who are subject to do military duty & are appointed as 
"drummers & fifers — for they are obliged to attend with their respective 
"companies on their parades & also to attend all regimental reviews & 
"Parades &c. 2 nd - Because said bill gives the drum & fife majors the 
"power of Calling out the drummers & lifers of their respective regi- 
"ments, but gives them no power to enforce such call by inflicting any 
"penalty for nonattendance. 3 d because, generally, those who compose 
"the music of the Militia companies are frequently young men & lads 
"who are minors, who would be unable to spend so much time & be at 
"so much expence as would frequently result from being so called out. 
"4th, Because there is no time fixed upon for their being convened, nor 
"any specified time that they may be held together when so called out — 
'& besides it is giving to Drum & fife majors the power never before 
"thought of: for these reasons & many more which may be adduced, the 
"Gov. & Council conceive it to lay an unreasonable duty upon that valu- 
able Class of Citizens who by law are obliged to do military duty." 

Rec d from the house the Engrossed bill entitled "an act giving relief 
to [William] Scott, [John] Spencer & [Salmon] Elkins" was read & 
committed to Gov. Brigham, Messrs French & Crafts. 

Adjourned to 9 OClock A. M. tomorrow. 



Saturday November 4 th - 9 OClock A. M. 

The Council met pursuant to adjournment. 

Rec d from the house the Engrossed bill entitled "an act laying a tax 
of 2 Cents pr acre on the town of Craftsbury," which was read & Re- 
solved to concur with the house in passing the same. 

Rec d from the house the acct. of Oliver Barker with an order of the 
house referring the same to the joint claims [Committee,] which was 
Read & it was resolved to concur with the house in their said reference. 

Rec d from the House the account of the Visitors of the State's prison 
with an order of the house referring the same to the joint Committee 
of the State's prison, which was read & Resolved to concur with the 
house in said reference. 

Rec d from the House the following engrossed bills, one, en d "an act 
directing the Treasurer to pay Alexander Hutchinson the sum therein 
mentioned," one En d "An act for the relief of Alanson Ferris," & one 
entitled "an act to incorporate certain persons by the Name of the Ver- 
gennes Aqueduct Company," which were read & it was Resolved to con- 
cur with the house in passing the same into laws. 

Rec d from the house the bill entitled "an act empowering the land 
owners of Stowe to establish a resurvey," which was read & Resolved to 
concur with the house in passing the same with the following amend- 
ments: erase the word "a" in line 5 th - sec 1 st - after the word "resurvey" 
[and] insert the words "already made." 

Adjourned to 2 OClock P. M. 



Governor and Council — November 1809. 273 

2 OClock P. M. — The Council met pursuant to adjournment. 

Mr Keyes on motion & leave introduced a bill entitled "an act explan- 
atory of a certain section of an act granting the Waltham turnpike cor- 
poration," which was read & ordered to lie. 

Rec d from the house the engrossed bills, one Entitled "an act laying 
a tax in the County of Franklin," one En d "an act for the appointment 
of a Surveyor of Public buildings," and one entitled "an act legalizing 
the proceedings of Kirby," and one entitled "an act in addition to an 
act for the Probate of Wills & the settlement of testate & intestate 
estates," which were severally read & it was Resolved to concur with 
the house in passing the same into laws. 

Rec d from the house the bill entitled "an act laying duties on Hawkers 
& Pedlers," with an order of recommitment to the former committee, 
which was read & it was Resolved to concur with the House in said 
reference. 

Rec d from the house the petition of the inhabitants of Hardwick with 
this order of the house thereon: "In Gen. Assemby Nov. 4 th 1809. 
Read & referred to the joint Committee on the act laying out a road 
from Canaan to Holland. W. D. Smith Clerk," which were read & it 
was Resolved to concur with the house in said reference. 

Adjourned to 9 OClock Monday morning. 



Monday Nov. 6 th 1809, 9 OClock A. M. 

The Council Met pursuant to adjournment. 

Rec d from the house the following Engrossed bills, one entitled "An 
act providing for the sale of the laws of this State," one entitled "an act 
laying a tax of 3 cents pr acre on the town of Kingston," one entitled 
"an act relating to the jurisdictional line between the towns of Rupert 
& Pawlett," one entitled "an act to continue an act laying a tax of 2 
cents per acre on the town of Troy," one entitled "an act laying three 
cents per acre on the town of Barton," one entitled "an act to continue 
an act entitled an act laying a tax of one cent five mills on each acre of 
land of Enosburgh Gore," and one entitled "an act in addition to an act 
entitled, an act for regulating & governing the militia of this State," & 
one entitled "an act in addition of & amendment to an act constituting the 
Supreme Court of Judicature" &c. which were severally read & Resolved 
to concur with the house in passing the same into Laws. 

Rec d from the house the bill entitled "an act to exempt from taxes or 
assessments certain property," with an order of the house referring the 
same to the joint Committee of Manufactures, which was read & it was 
then on motion Resolved to concur with the house in their said reference. 

Rec d from the house the Engrossed bill entitled "an act freeing the 
body of Daniel Coit from arrest," which was now called up and it was 
then on motion Resolved to concur with the house in passing the same 
with these amendments, Viz. in Section 2 d line 1 st after the words 
"Enacted that" erase to the words "for the" in the 5 th line of the same 
section & insert "the body of Daniel Coit be & hereby is freed from arrest 
on any civil process & his property be freed from attachment or execution" 
& Mr Keyes assigned the reasons to the house. 

Rec d from the house the following resolution: "In General Assembly 
"Nov. 6 th 1809. Resolved, the Governor & Council concurring herein, 
"that both houses meet in the representatives' room at 10 OClock fore- 
"noon on tuesday next for the purpose of adjourning the General 
"Assembly without day. Attest W. D. Smith Clerk," which was read & 
it was then ordered to lie on the table. 

18 



274 Governor and Council — November 1809. 

Resolved to concur with the house in passing the Bill entitled " an 
act directing the treasurer to pay Israel P. Dana the sum therein men- 
tioned." 

• The bill entitled " an act Freeing the body of Jonathan H. Oak from 
arrest " was called up & read & it was then Resolved to concur with the 
house in passing the same with the following amendments, Viz. in 7 th 
line of Section 1 st - after the word "Execution ," erase the words "Issued 
under the authority of this State." In Sec. 2 nd ' 4 th line, after the word 
" liberties " erase " of any prisoner which may hereafter be confined" and 
add the word " thereof" Also add the following: " Provided nevertheless 
that this act shall not extend to any present confinement under the authority 
of the United States" & Mr Loomis assign the reasons to the house. 

Adjourned to 2 OClock P. M. 

2 OClocx P. M. — Rec d from the House the Engrossed bill entitled 
" an act relating to the duties of Proprietors' Clerks," which was read & 
Resolved to nonconcur with the House in passing the same & Messrs 
Loomis & Crafts appointed to draw the reasons as follows: "1 st - Be- 
" cause the passing of this bill would deprive the proprietors of one es- 
" sential corporate right, Viz. that of choosing their clerk. 2 d - it would 
" deprive them of the important right of making & holding their own 
" Records, books, maps & papers of every name & nature appendant to 
" the office of proprietors' clerk. 3 d - It would be highly oppressive to 
" subject the proprietors to prosecution & penalty for each month's neg- 
" lect of compliance with requisites of the bill. 4 th - Because it would 
" subject the proprietors to the necessity of having their records &c 
" kept, & duties of Clerk performed by a person appointed by the Town 
" whose interest may be opposed to that of the proprietary. 5 th - Be- 
" cause no material injury or inconvenience can arise under the existing 
•' laws as the proprietors are obliged to appoint their Clerk & Keep their 
"records in the town if organized." 

Rec d from the house the engrossed bill en d "an act laying a tax of 
4 cents pr acre on the town of Waitsfield," one entitled "an act direct- 
ing the treasurer to pay Joel Tinker the sum therein mentioned," one 
entitled " an act Laying a tax of 3 cents pr acre on the town of West- 
more," which were read & it was then Resolved to concur with ihe 
house in passing the same into laws. 

Rec d from the house the following Engrossed bills, Viz. one Entitled 
"an act incorporating a Manufacturing Company in Barre," one entitled 
"an act for the relief of Thomas Whittle," one entitled "an act direct- 
ing the State's atty- to Stay a certain prosecution therein mentioned," 
one entitled "an act in addition to an act establishing the Passumpsic 
Turnpike Company," one entitled "an act directing the treasurer to 
pay Eleazer Wheelock the sum therein mentioned," one entitled "an 
act in addition to an act establishing a corporation by the name of the 
Missisqui Turnpike Company," one entitled "an act empowering Aaron 
Shepherd, Levi Stevens, & Mark Norris to make certain alterations in 
the County road leading to [from] Stanley's Mills to Montpelier," one 
entitled "an act directing the Treasurer to pay the sum therein men- 
tioned," & one entitled "an act constituting a Company of Artillery in 
Brattleboro," which were read & it was Resolved to concur with the 
house in passing the same into Laws. 

Rec d from the house the engrossed bill entitled "an act making Ver- 
mont bills a tender for the payment of land taxes," which was read & 
Resolved to concur with the house in passing the same with an amend- 
ment striking out the last section. Mr Seymour assigned the reasons 
to the house. 



Governor and Council — November 1809. 275 

Rec d from the house an engrossed bill entitled "an act for the support 
of schools," which was read & it was Resoived to concur with the house 
in passing the same into a Law. 

Rec d from the House the engrossed bill entitled "an act in addition to 
several acts directing the mode of choosing State officers," which was 
read & it was Resolved to nonconcur with the house in passing the 
same, & Messrs Brigham & Loomis drew up the following reasons 
which were sent to the house, Viz. l 8t » Because the provisions of the bill 
would tend to perplex & render uncertain the mode of admitting free- 
men, especially such as shall come from other States & shall offer them- 
selves to become freemen. It would operate as a partial disfranchise- 
ment to those who are freemen & may remove from towns where they 
had been admitted, to other towns, within three calender months next 
precediug the time of holding freemen's meeting, and in such case they 
would be deprived of the privilege of voting for representatives, a right 
given them by the Constitution which cannot be taken away except 
upon the conviction of some criminal act. 2 d > Because multiplying the 
laws relative to freemen's meetings will tend to perplex & embarrass 
the proceedings of such meetings rather than render the same more in- 
telligible, & altho' some evils may exist under the laws now in force, it is 
feared that passing the present bill will not diminish the number. 

Adjourned to 9 OClock Tomorrow morning. 



Tuesday November the 7 th » 9 OClock A. M. 

The Council met pursuant to adjournment. 

Rec d from the House the following engrossed bills, one entitled "an 
act incorporating a tire Company in Montpelier," one entitled "an act 
extending further privileges to the northern Turnpike Company," one 
entitled "an act providing for the regulation of the State's prison," one 
entitled "an act relating to manufactures," one entitled "an act directing 
the treasurer to pay James H. Langdon the sum therein mentioned," 
one entitled "an act for the relief of Winthrop Hill," & one entitled 
"an act to remedy a mistake in the act granting a tax to Barton," which 
were read & it was Resolved to concur with the house in passing the 
same into laws. 

Rec d from the House the bill entitled "an act appointing a committee 
to settle with the commissioners for building the State's prison," which 
was read & Concurred with this amendment Viz. insert in line 2 d from 
the bottom after the word "time," [the words] ''■and draw orders on the 
treasurer for the amount due [to] said Visitors," and Mr. French assign 
the reasons to the house. 

Rec d from the House a resolution requiring the trustees of the Uni- 
versity of Vermont to make a report to the house next session relating 
to said University & its funds &c. which was read & Resolved to concur 
with the house in passing the same. 

The resolution appointing a time to adjourn the Gen. Assembly was 
read & Concurred with an amendment erasing "tuesday" & inserting 
"Wednesday." I> Gov. [Brigham] assigned the reason. 

The bill as reported by Mr. Seymour relating to the Waltham Turn- 
pike Company was read & ordered to lie. 

Adjourned to 2 OClock P. M. 

2 OClock P. M. — The Council met pursuant to adjournment. 
The following debenture of the Council was made out, read & accepted 
Viz. 



276 



Governor and Council — November 1809. 



Paul Brighani Lt. Govr. 

Elias Keyes 

Horatio Seymour 

Beriah Loomis . . 

Samuel C. Crafts. 

Noah Chittenden 

William Hunter 

Frederick Bliss 

Gilbert Dennison 

Josiah Wright 

Ezra Butler 

Apollos Austin 

Rollin C. Mallary Secy- 

Israel P. Dana Sheriff 

Old Council 

Chauncey Langdon 

Solomon Miller 

Zerah Willoby 

Asa Lyon 

Samuel Fletcher 

Reuben Hatch 

Daniel Dana 

John Elsworth 

Haines French (of new Counl- ), 

William Page Junr. Secy- 



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Rec d from the House the Engrossed bill entitled "an act relating to 
the Winooskie Turnpike company," which was read & it was Resolved to 
concur with the house in passing the same into a law. 

Rec d from the House the engrossed bill entitled u an act directing the 
treasurer to pay Oliver Barker the sum therein mentioned," which was 
read & it was then on motion Resolved to concur with the house in 
passing the same with the following amendments: erase the words "four 
hundred dollars " & insert " one hundred & fifty dollars" & Gov. Brig- 
ham assign the reasons to the house. 

Rec d from the house the bill entitled " an act for the relief of [Will- 
iam] Scott, [John] Spencer & [Salmon] Elkins," was read & it was Re- 
solved to concur with the house in passing the same with the following 
amendments: In 2 nd page 4 th line from the top erase the words " as bail 
as aforesaid." In 7 th Section erase the last line. Then add the follow- 
ing section, Viz. ** Section 14. And it is hereby further enacted that if 
one or both of the Papers mentioned in this act should be discontinued, 
the notifications mentioned in this act may be made in some other paper 
printed in said County of Caledonia, & such notification or notifications 
shall be deemed & considered as valid as if the same should be made in 
the manner provided in this act," & Mr Loomis assign the reasons to 
the House. 

Rec d from the House the engrossed bill entitled " an act discharging 
the body of Thomas Reed from arrest," which was read & concurred. 

Mr Hunter was appointed to receive the debenture from the Treas- 
urer & deliver the same to the members. 



G-overnor and Council — November 1809. 277 

Rec d from the House the engrossed bill entitled " an act suspending 
civil process in Certain Cases & [for] other purposes," read & it was Re- 
solved to concur with the house in passing the same with the following 
amendment: Sec. 2 d line 2 d erase the words u and shall hereafter be ren- 
dered " & in Sec. 4 th > line 2 d > erase "commenced & prosecuted" & insert 
"pleadings"; in the 3 d line after the word "indorsee" insert "in all 
cases where judgment has been rendered in favor of any indorsee." 

The following resolution was introduced & carried, Viz. Resolved, the 
House of Representatives concurring herein, that all the unfinished 
business at the close of the present Session of the Gen. Assembly be 
referred to the next Session of the Legislature, directing it to be re- 
turned to the Clerk of the house of Representatives; & Ordered that 
the Secretary carry the same to the House for concurrance. 

Rec d from the house the engrossed bill entitled " an act making pro- 
vision for the collections of debts due the [State] bank," which was read 
& Resolved to concur with the House in passing the same. 

The bill entitled '• an act relating to betterments " was called up and 
read & then it was Resolved to nonconcur with the house in passing the 
same. 

Resolved that the Council do request & advise his Excellency to ap- 
point the third Wednesday of April next to be observed as a day of 
fasting & prayer throughout this State & that he issue his proclamation 
accordingly. 

Pursuant to the law empowering the Governor & Council to appoint 
a Surveyor of Public Buildings, the Governor & Council proceeded to 
the Choice: the ballots were taken, sorted & Counted and Sylvanus Bald- 
win had a majority of the votes & was declared duly elected. & the Sec- 
retary was directed to give him notice of his appointment. 

Adjourned to 8 O'clock A. M. tomorrow. 



Wednesday November 8 th - 1809, 8 OClock A. M. 

The Council met pursuant to adjournment. 

The I> Governor introduced the following resolution: Resolved, that 
the Governor be advised to lay over to the next session of the legisla- 
ture the petitions of Andover, Londonderry, Peru & Winhall respect- 
ing a New Regiment &c. without any further proceeding; which was 
read & it was Resolved to pass the same. 

Rec d from the house the following resolution, Viz. Resolved, the Gov- 
ernor & Council concurring herein, that the visitors of the State's 
prison shall in all things govern themselves according to the 7 th Section 
and 7 th article of the bye laws until the rising of the next Legislature; 
which was read & it was Concurred. 

Rec d from the house the bill " making appropriations for the present 
year," which was read & Resolved to concur in passing the same. 

The resolution respecting unfinished business was returned from the 
house with their Concurrance. 

Rec d information from the House that they had concurred with the 
Governor & Council in their proposals of amendment to the following 
bills & that the same had become laws, Viz. " The bill appointing a 
Committee to settle with the commissioners for building the state's 
prison," The bill entitled " an act making Vermont Statebank bills a 
tender for the payment of land taxes," The bill entitled " an act freeing 
the body of Ebenezer Sawyer from imprisonment during his natural 
life," "An act laying 2 Cents pr acre on the town of Groton," "An act 
to revive an act laying a tax of 2 cents pr acre on the town of Bakers- 



278 Governor and Council — November 1809. 

field," "An act establishing a Rifle Company in 3 d Reg. 2 d Brigade & 2 d 
Divis 11 '" " An act concerning Writs of Error & audita querela," "An act 
ascertaining the principles upon which the lists of this State shall be 
made up," "An act incorporating the Vermont Mineral factory Com- 
pany," "An act incorporating Robert Bowne, Isaac Clason & John A. 
Graham & their associates," "An act directing the Commissary General 
to procure ordinance for this State & appropriating a sum of money for 
the same," "An act directing the Treasurer to pay the sums therein 
mentioned," and " An act to exempt from taxes or assessments certain 
property therein mentioned." 

Rec d from the House the following message: The bill entitled " an act 
relating to the Waltham Turnpike Company," which was sent down for 
concurrance, was read & referred to the next Session of the Legislature. 
Extract from the Journals, Attest W. D. Smith Clerk. 

Pursuant to the concurrant resolution of both houses the Gov. & 
Council met the house in joint Committee for the purpose of Electing a 
High Bailiff for the County of Franklin, which being compleated, the 
Throne of Grace was addressed by Elder Haynes the Chaplain of the 
house, and. the Sheriff of Caledonia County then, by order of the Gov- 
ernor, by proclamation adjourned the Legislature without day. 
A true Journal of Council, 

Attest Rollin C. Mallahy, Se&- 



THIRTY-FOURTH COUNCIL. 

OCTOBER 1810 TO OCTOBER 1811. 



Jonas Galusha, Shaftsbury, Governor. 
Paul Brigham, Norwich, Lieut. Governor. 
Councillors: 



Beuiah Loomis, Thetford, 
Noah Chittenden, Jericho, 
Elias Keyes, Stockbridge, 
Josiah Wright, Pownal, 
Ezra Butler, Waterbury, 
Frederick Bliss, Georgia, 



Gilbert Denison, Guilford, 
Samuel C. Crafts, Craftsbury, 
Haines French, Maidstone, 
Horatio Seymour, Middlebury, 
William Hunter, Windsor, 
Pliny Smith, Orwell. 



Rollin C. Mallary, Castleton, Secretary. 
Israel P. Dana, Danville, Sheriff. 



BIOGRAPHICAL NOTICE. 

Pliny Smith represented Orwell in the General Assembly 1798 
until 1810, when he entered the Council and served 1810 until 1813, and 
again 1815 until 1819. He was Assistant Judge of Rutland County 
Court 1805 and 1807 until 1811, and Chief Judge 1811 until 1820— mak- 
ing continuous public service for twenty-two years. — Deming's Cata- 
logue. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION WITH THE GENERAL ASSEMBLY AT MONTPE- 
LIER, OCTOBER 1810. 



State of Vermont ss. 
At a Session of the Governor & Council of the State of Vermont be- 
gun & holden at Montpelier in said State of Vermont on the eleventh 
day of October in the year of our Lord Christ one thousand eight Hun- 
dred & ten, the following is a true Journal of their proceedings. Present 
His Excellency Jonas Galusha Esquire Governor; His Honor Paul 



280 Governor and Council — October 1810. 

Brigham Esq r - I> Governor; The Honorable Elias Keyes, Josiah 
Wright, Frederick Bliss, William Hunter, Gilbert Dennison, Haines 
French, Samuel C. Crafts, Horatio Seymour, Noah Chittenden, Beriah 
Loomis & Ezra Butler Esquires Councillors. Rollin C. Mallary Secre- 
tary; Israel P. Dana Esquire Sheriff of Caledonia County. 

Mr Leeland, from the House, appeared in Council and informed the 
Governor & Council that the House of Assembly had organized and 
that they were ready to receive any communications that the Governor 
& Council may please to make, and then he withdrew. 

Mr Seymour on leave introduced the following resolution: Resolved, 
that there be appointed a Committee of five members to join such Com- 
mittee that the House may appoint for the purpose of receiving, sorting 
& Counting the votes for Gov., I> Gov., Treasurer, & Councillors for the 
year ensuing. — Members Chosen Messrs Keyes, Seymour, Butler, Crafts 
& Dennison" Ordered that the Secretary inform the House of the above 
proceedings. 

Adjourned to 4 O'C. P. M. » 

4 Oclock P. M. — Council met pursuant to adjournment. 

The Gov. & Council proceeded to the Representatives' room when 
the following report was presented by the chairman of the Canvassing 
Committee which was read as follows: 

To the General Assembly now sitting: The Committee app d to receive, 
sort & count the votes for Gov., I> Gov., Treasurer & Councillors, do 
report & declare that His Excellency Jonas Galusha Esq r - is Elected 
Governor; His Honor Paul Brigham Esq 1 "-' is Elected I> Governor; 
Benjamin Swan Esquire is elected Treasurer; and that the Honorable 
Noah Chittenden, Beriah Loomis, Samuel C. Crafts, Gilbert Denison, 
Frederick Bliss, William Hunter, Horatio Seymour, Ezra Butler, 
Haines French, Josiah Wright, Pliny Smith, & Elias Keyes Esquires 
are Elected Councillors for the year ensuing. Elias Keyes for Com ee - 

Montpelier Oct 11*. 1810. 

The Gov. & Co. returned to their Chamber and adjourned to 9 O'C. 
A. M. tomorrow. 



' Friday October 12 th . 1810, 9 O'C. A. M. 

The Council met pursuant to adjournment. 

The I> Governor & Council proceeded to the Representatives' room 
and after an address to the throne of Grace by the Chaplain of the 
House, the oaths of office were administered to the I> Governor & the 
members of the Council Except the Hon. Josiah Wright. The I> Gov. 
& Council returned to their Chamber. 

The Hon. Josiah Wright appeared in Council when the Oaths of office 
were duly administered and he took his seat as Councillor. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Council met pursuant to adjournment. No business 
appearing before the Gov. & Council they adjourned to 9 O'C. A. M. 
tomorrow. 

1 The Washingtonian (Windsor) of Oct. 22 1801, states that the Wash- 
ington Artillery Company, Capt. Nathan Doty, escorted the state and 
legislative officers and members to the State House, where " a pathetic, 
chaste, and appropriate Sermon was delivered by the Rev. Chester 
Wright, from Psalms, lxxxix, 15, u Blessed is the people that know the 



joyful sound." 



Governor and Council — October 1810. 281 

Saturday Oct. 13 th - 1810, 9 O'C. A. M. 

The Council met pursuant to adjournment. 

His Excellency the Governor, the I> Gov. & Council proceeded to 
the representatives' room, when the oaths of office were duly adminis- 
tered to His Excellency Jonas Galusha Esqr as Governor by His Honor 
the Chief Justice of the S. C. of the State of Vermont, when his Excel- 
lency made the following Speech. 1 

The Governor & Council returned to their Chamber. 

Rec d from the House a Resolution appointing Committees of the 
house to join a Committee from Council for the following purposes: one 
Committee to be denominated a Committee of ''Suspensions," one de- 
nominated a Turnpike Committee, one denominated a Committee of 
Claims, one denominated the 1 st land tax Committee, one denominated 
the 2 d land tax Committee, one denominated the 3 d land tax Committee, 
one denominated a Committee of New Trials, one denominated a Mili- 
tary Committee. The following members chosen on the part of the 
house to fill the foregoing Committees: Turnpike Com ee E. Bailey, J. 
Aiken, Thrall, Clapp; Com ee of Claims, Whitney, Barnes, Henry, D. 
Kimball; Suspension Com ee » Farnsworth, Fisk, Gardner, Griswold; 1 st 
Land Tax Com ee > Fitch, Brownson, Kennon, Robinson; 2 d land tax 
Com ee ' Dana, G. Rich, B. Kinney, Farley; 3 d land tax Com ee ' Rising, 
Graves, Collins, Deming; Military Com ee > Hendee, Whitney, Field; 
New Trial Com ee > Hutchinson, Olin, J. Smith, Griswold. The foregoing 
Committees were joined from Council: Mr Keyes on Turnpike Com ee » 
Mr Loomis on Com ee of suspension, Mr Chittenden on 1 st land tax; Mr 
Butler on 2 d land tax; Mr Wright on 3 d land tax; Mr Seymour on new 
trials; Gov. Brigham on Military Com ee ' and Mr Hunter on Com ee of 
Claims. 

Rec d from the House a resolution appointing a committee denomi- 
nated the Manufacturing Com ee > which was read & Resolved to concur 
with the House in passing the same & Mr Crafts was appointed to join. 

Rec d from the house the petition of the inhabitants of Sherburne 
praying for the revival of a turnpike grant &c, also Remonstrance of 
the inhabitants of Wardsboro ag. the grant of a Turnpike, also The pet. 
of Chelsea Turnpike company, also The pet. of Thomas Hale for a turn- 
pike, with orders on each to refer them to the joint Turnpike Commit- 
tee, which were severally read & it was then on motion Resolved to 
concur with the House in the aforesaid reference. 

Rec d from the House the pet. of M'- Tabor (which was called up) 
praying for a land tax, Pet. of Philadelphia for a land tax, Pet. for a 
land tax in Sterling, with an order of the house to refer them to the l Bt 
land tax com ee « which were read & it was Resolved to concur with the 
House in said reference. 

The Pet. of Thomas Miller praying for an act of Suspension, also the 
Pet. of Jason Duncan praying for an act of Suspension, were rec d with 
an order of the House on each refers the same to the i*- Committee of 
Suspension, which were read & Resolved to join said reference. 

Rec d from the House the Pet. of Ebenezer Markham praying for an 
act of Suspension which had rec d an order of the House to refer the 
Same to the j*- Com ee of Suspension, which was read & Resolved to con- 
cur in s d reference. 

Rec d from the House the Pet. of Sundry inhabitants of Windsor for 
the establishment of an Artillery Company, also the pet. of Rifle Com- 
pany of Rutland praying for an alteration of the act of incorporation, 

1 For the speech see Appendix A. 



282 Governor and Council — October 1810. 

with an order of the House on each referring [them] to the j** Mili- 
tary Com ee » [and] it was Resolved to concur with the House in the above 
reference. 

Rec d the account of Johnson Richardson, the pet. of Levi Bennett, 
with an order on each referring them to the Joint Committee of Claims, 
which were read & it was Resolved to concur with the house in the 
afores d reference. 

( Rec d from the house the pet. of Beriah Loomis for an act of incorpora- 
tion for the Mineral Co^ with an order of the house referring the same 
to a Com ee of 4 to join a Com ee of Council, which was read & Mr Smith 
was appointed to join said Com ee - Rec d the pet. for a company to be 
called the "Thetford Mineral Company," with an order referring the 
same to the joint Com ee on the last mentioned pet. of B. Loomis, which 
was read & it was Resolved to concur in s d Reference. 

The Pet. of the inhabitants of West Rutland praying for grant of an 
academy was rec d from the House with an order referring the same, to a 
Committee to join, which was read & it was Resolved to concur with 
the House in the above reference. Mr Chittenden was appointed to join. 

The Pet. of Micah Howe to sell lands &c. with an order of the House 
to refer the same to a Com ee of 4 to join, which was read & it was Re- 
solved to join said Com ee > & Mr Denison joined. 

The Pet. of Sam 1 - Smith was rec d with an order of the House to refer 
the same to the j*- Com ee on the pet. of Micah Howe, which was read & 
it was Resolved to concur with the House in the above reference. 

Rec d from the House the pet. of the inhabitants of M*- Tabor to Ratify 
proceedings, with an order of the house to refer the same to a Com ee of 
3 to join; read & Concur d - Mr Bliss app d to join said Committee. 

Rec d the pet. of Joseph Barney & Obadiah Wheeler with an order of 
the House to refer the same to a Com ee of 4 to join a Com ee of Council, 
which was read & Concurred & Mr French app d to join. 

Rec d from the House the pet. of Jonathan Hastings with an order of 
the House to refer the same to the joint Com ee on the pet. of J. Barney 
& Ob. Wheeler. Concurr d - 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The Council met pursuant to adjournment. 

Rec d from the House the pet. of Nathan Smith ag* Sam 1 Wells, pray- 
ing that a new trial may be granted, with an order of the house to refer 
the same to the joint Committee of ISTew Trials, which was read & it 
was Resolved to concur with the House in said reference. 

Rec d from the House the pet. of Joseph Mott, praying for a ferry at 
Windmill point, with an order of the house referring the same to a 
Com ee of 4 to join a Com ee from Council, which was read & it was then 
Resolved to concur with the House in their said reference & Mr Hunter 
Joined Said Committee. 

Rec d the Pet. of Lyman Hill with an order of the House referring the 
same to the joint Committee on the pet. of Joseph Mott, which was read 
& it was Resolved to concur with the house in said reference. 

Rec d the Pet. of the proprietors of Enosburgh with an order of the 
House referring the same to the Com ee of 4 to join a Coram" of Council, 
which was # read & it was Resolved to concur with the House in passing 
said reference & Mr French was appointed to join. 

Petitions of Woodford & of David Lyman & David Lyman Jr. for land 
taxes, were rec d with an order of the House on each referring the same 
to the 3 d land tax Com ee » which were read & it was Resolv'd to concur 
with the House in passing the same. 

Rec d the pets, of the Inhabitants of Wallingford with an order of the 



Governor and Council — October 1810. 283 

house referring thera to a Com ee of 3 to join a Com ee of Council, which 
was read & it was Resolved to concur with the House ill s d order & Mr 
Bliss was app d to join. 

Rec d the pet. of the inhabitants of Highgate with an order of the 
House referre the same to the joint Com" 5 on the pet. of the Inhabit- 
ants of Wallingford, which was* read & it was Resolved to concur with 
the house in said reference. 

Rec d from the house the pet. of the Inhabitants of M*- Tabor for a 
land tax with an order of the house to refer the same to the first land 
tax Com ee > which was read & concurr'd to join in said Reference. 

Rec d from the House the pet. of John Law with an order of the House 
referring the same to the [a] Com ee of 4 to join a Com ee of Council, 
which was read & it was Resolved to concur with the House in said ref- 
erence. Mr Wright was app d to join said Com ee - 

Pet. of Middletown was rec d with an order of the House referrs the 
same to a Com ee of 4 to join a Com ee of Council, which was read & Resolved 
to concur with the House in the afores d reference & Mr Seymour Joined. 

Rec d the pet. of A. Konklin [Conklin] with an order of the house 
^referring the same to the joint Com ee on the pet. of Joseph Mott, which 
'was read & it was Resolved to join in said reference. 

Rec d the pet. of Stephen R. Bradley Esq r - with an order of the house 
referring the same to a Com ee of 4 to join a Com ee of Council, which 
was read & it was Resolved to concur with the house in said reference 
& Mr Butler was appointed to join. 

Pets, of Kirby & Parkerstown on land taxes were rec d with orders of 
the house on each referring them to the 2 d land tax Com ee ' which were 
read & Resolved to join in s d reference. 

Rec d from the house the pets, of Peru & Highgate with orders on each 
referring the same to the joint 3 d land tax Com ee ' which were read & 
Resolved to concur with the house in said reference. 

Rec d from the house the pets, of the Select Men of Chelsea & of Luke 
Hitchcock with an order of the house on each to refer the same to the 
joint Com ee of Claims, which was read & it was Resolved to concur with 
the House in said reference. 

Adj d to 9 O'C. A. M. Monday next. 



Monday October 15 th ' 1810, 9 O'C. A. M. 

Council met pursuant to adjournment. 

Rec d from the house a resolution appointing tuesday next at the open- 
ing of the house in the morning a time for both houses to meet in the 
representatives' room for the purpose of appointing Judges of the Su- 
preme Court, which was read & it was Resolved to concur with the 
house in the above resolution. 

Rec d from the house a resolution appointing Tuesday next at 4 Oclock 
P. M. the time for both houses to meet in County Conventions for the 
purpose of making their nominations for County officers and the opening 
of the house on Wednesday morning for both houses to meet & re- 
ceive them, which was read & it was Resolved to concur with the House 
in passing said resolution. 

Rec d from the house a resolution appointing a Committee on that part 
of His Excellency the Gov. Speech which relates to the University of 
Vermont, which was read & it was Resolved to concur with the house in 
said resolution. Messrs Crafts & Denison app d to join said Com ee - 

Rec d from the House the pet. of John Dunbar with an order of the 
house to refer the same to a Com ee of 4 to join a Com ee of Council. 
Con d » & Mr Loomis app d to join. 



284 



Governor and 'Council — October 1810. 



Kec d from the. house a resolution apps a Com ee of 4 members to join a 
Com ee of Council to take into consideration a mode of ascertaining and 
settling claims to landed property, which was read & it was Resolved to 
concur with the house in passing said resolution & Mr Wright was app d 
to join. 

Rec d from the house the pet. for an agricultural society in Franklin 
County with an order of the house referring the same to a Com ee of 4 to 
join, which was read & it was Resolved to concur with the house in s d 
reference & Mr Smith joined. 

Rec d from the house the pet. of Ephraim Strong with an order of the 
house referring the same to a Com ee of 2 to join a Com ee of Council, 
which was read & it was Resolved to concur in said reference & Mr. 
Denison was app d - 

Pet. of Navy for a land tax was rec d with an order of the house refer- 
ring the same to 2 d land tax Com ee; concur 4 - 

Rec d from the House the pet. of Wardsboro N. D. [North District] 
praying for a separation of the town, with an order of the house to refer 
the same to the [a] j* Com ee of 4 to join, which was read & Resolved to 
concur with the house in said reference. Mr Crafts joined. • 

Rec d the Pet. of Inhab. of Wardsboro S. D. [South District] with an 
order of the house to refer the same to the Com ee on the pet. of Inhab. . 
of Wardsboro N. D., which was read & it was Resolved to concur in 
said reference. 

Rec d the Pet. in favor of John Newton Jr. with an order of the house 
referring the same to the j l Com ee of New Trials, which was read & it 
was resol d to concur in s d reference. 

Rec d the Pet. of Eben r Twiss with an order of the house refers the 
same to the j* Com ee of Suspension, which was read & it was Resolved 
to concur with the house in said reference. 

Rec d the Pets, of Amzi Pattison and Truman Powell with orders of 
the house on each referring them to the joint Com ee of Suspension, 
which were read & it was Resolved to concur with the house in said ref- 
erence. 

Adjourned to 2 (TC. P. M. 

2 O'C. P. M. — The Council met pursuant to adjournment. 

llec d from the house the pet. of Fairfield for a land tax with an order 
of the house referring the same to the 3 d land tax Com ee - which was read 
& it was Resolved to concur with the house in said reference. 

Rec d the pet. of South & Middle Hero respecting their public lands 
with an order of the house referring them to the j fc Com ee on the pet. of 
Middletown, which was read & it was Resol'd to concur with the house 
in said reference. 

Rcc d from the house the bill entitled an act in addition to [an act enti- 
tled] an act establishing the University at Burlington, with an order of 
the house calling the same up & referring the same to the joint Com- 
mittee on that part of His Excellency's Speech that relates to the Uni- 
versity of Vermont; read & it was Resol'd to join said reference. 

Rec d from the house a resolution appointing a Com ee on that part of 
his Excellency's Speech which relates to education in general, which 
was read & it was Resolved to concur with the house in s d reference & 
I> Gov. joined. 

Rec d from the house the pet. of Moses Strong & al., praying for the con- 
tinuation of a Turnpike &c. with an order of the house calling up the 
same and referring the same to the T. pike Com ee; read & Resolved to 
concur in said reference. 

Rec d from the house the bill entitled an act in addition to an act for 



G-wtrnor and Council — October 1810. 285 

the Support of Schools, which was laid over from last session, called up 
by an order of the House & referr d to the Joint Com ee on Education in 
general, which was read & Resolved to concur with the house in the 
above reference. 

Rec d from the House the petitions of Abel Morrill & A. H. Hall 
praying for acts of Suspension, with an order on each referring them to 
the joint Com ee of insolvency & suspension, which was read & it was 
Resolved to concur with the house in the above reference. 

Rec d the pet. of William Slade Jr. which had been referr d to the j* 
Com ee of Claims, which was read & Concurr d to join. 

Rec d from the House the pet. of Warren for a land tax with an order 
of the house referring the same to the 3 d land tax Com ee > which was 
read & it was Resolved to concur with the house in said reference. 

Rec d from the house the account of Josiah Dunham with an order of 
the house calling up the same & referring it to the joint Com ee of Claims, 
which was read & it was Resolved to concur with the house in said ref- 
erence. 

Adjourned to tomorrow 9 O'C. A. M. 



Tuesday October 16 th ' 1810, 9 O'C. A. M. 

The Council met pursuant to adjournment. 

Rec d from the house a resolution appointing a time for meeting in 
joint Committee for the purpose of Electing an Auditor of accounts ag* 
the State & a Surveyor General, which was read & it was then Resolved 
to concur with the house in passing the same. 

Rec d from the house a resolution appointing a Committee to enquire 
into the State of the [State] bank and report by bill or otherwise, said 
Com ee to consist of a member from each County to join a Com ee of Coun- 
cil, which was read & it was Resolved to join said Com ee & Messrs But- 
ler & Wright & French were app d - 

Rec d from the house the bill enti d an act providing for fire arms for 
the Militia of this State with an order of the house calling it up & refer- 
ring it to the j l Military Com ee ; read & concurr d . 

Rec d from the house the pet. of Arlington for a turnpike with an or- 
der of the house referring the Same to the j* Turnpike Com ee » which was 
read & it was Resolved to concui with the house in said reference. 

Rec d from the house the pet. of Orange Turnpike with an order of the 
house referring the same to the j* Turnpike Com ee » which was read & it 
was Resolved to concur with the house in said reference. 

Rec d from the house the pet. for a land tax in Corinth with an order 
of the house referring the same to the 3 d land .tax Com ee » which was read 
& it was Resolved to concur with the house in the same reference. 
Rec d the Pets, of Derby, Salem, Newark, Easthaven, Granby & Guild- 
hall for land taxes with an order of the house calling up the same and 
referring it to the 3 d joint land tax Com ee > which was read & it was Re- 
solved to join in said reference. 

Rec d the pet. of the Inhabitants of Eairlee, W. Fairlee &c. for a turn- 
pike with an order of the house referring the same to the joint Turn- 
pike Com ee ' which being read it was Resolved to concur with the house 
in said reference. 

Rec d from the house the pet. of Daniel Brooks praying for a Turnpike 
with an order of the house referring the same to the joint Turnpike 
Committee, which being read it was Resolved to concur with the 
house in said reference. 

Rec d from the House the Pet. of Leonard Farewell for an alteration 
of Turnpike grants in Randolph, with an order of the house referring the 



286 Governor and Council — October 1810. 

same to the joint Turnpike Corn ee > which was read & it was Resolved to 
concur with the house in said reference. 

Rec d from the House the Pet. of the inhabitants Mechanics of Wind- 
sor for a mechanic association &c. with an order of the house referring 
it to the j 4 - Com ee of Manufactures, which was read & Resolved to concur 
with the house in their said reference. 

Rec d from the house the bill entitled an act respecting [suits for] 
Landed property & modes of proceeding therein, with an order of the 
house referring the Same to the joint Com ee on the resolution relative to 
landed property, which was read and it was Resolved to concur with the 
house in s d reference. 

The Gov. & Council proceeded to the Representatives' room pursuant 
to the concurrant resolution of both houses for the purpose of electing 
Judges of the Supreme Court, Survej'or General & Auditor of Accounts 
against this State, and after the same being compleated the Gov. & Co. 
returned to their Chamber. 1 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Rec d from the House the Bill entitled an act for a toll 
bridge over the narrows of Lake Memphramagog with an order of the 
house referring the same to a Com ee of 4 to join a Com ee of Council, 
which was read & it was Resolved to join in said reference. Mr Chit- 
tenden was app d to join said Committee. 

Rec d the pet. of Silas Hathaway & al. with an order of the house refer- 
ring the same to the joint Com ee of Suspension, which was read & it 
was Resolved to concur with the house in their said reference. 

Rec d the pet. of Silas Wright & al. with an order of the house refer- 
ring the same to a Com ee of 4 to join, which was read & it was Resolved 
to concur in said reference & Mr Smith app d to join. 

Pet. of William Potter Jr was rec d with an order of the house referrs 
the same to the joint Com ee on the pet. of Silas Wright & al. which 
was read & it was Resolved to join in said reference. * 

Rec d from the house the pet. of the Inhabitants of Swanton for a toll 
Bridge with an order of the house referring the same to the j** Com ee on 
the pet. for a toll bridge on the narrows of Lake Memphremagog, which 
was read & it was Resolved to concur with the house in said reference. 

Pet. of Inhabitants of Bristol for the repeal of the land tax was 
rec d with an order of the house ref'ring the same to the 3 d joint land 
tax Committee, which was read & it was Resolv'd to concur in the 
above reference. 

Rec d the pet. of the inhabitants of M e - Tabor for ratifying the Division 
of lands &c. with an orpler of the house referrs the same to the j 4 - 
Com ee on the pet. of M 4 - Tabor, which was read & it was Resolved to 
concur with the house in said reference. 

Rec d the pet. of the Inhabitants of Worcester for a land tax with an 
order of the house referring the same to the 1 st land tax Com also Pet. 
of Lincoln praying for a revival of the land tax on Bristol, with an order 
of the house referring the same to the 3 d joint land tax Com and the 
Pet. of Morgan praying for a land tax with an order of the house refer- 
ring the same to the 2 d joint land tax Com ee ^ which were severally read 
& it was resolved to concur with the house in each of the above refer- 
ences. 

Rec d from the House the bill entitled an act app& a Committee to ex- 

1 Royall Tyler, Theophilus Harrington, and David Fay were re-elected 
judges of the Supreme Court; Alexander Hutchinson Auditor; and 
Joseph Beeman jr. Surveyor General. 



Governor and Council — October 1810. 287 

amine the towns of Randolph, Royalton, Bethel & Tunbridge with an 
order of the house referring the same to a Committee of 4 to join, 
which was read & it was Resolved to concur with the house in said ref- 
erence & Mr. Hunter was app d to join. 

Rec d from the house the pet. of the inhabitants of Brookline with an 
order of the house referring the same to the joint Com ee on the pet. of 
Wardsboro N. District, which was read & it was Resolved to concur 
with the house in said reference. 

Rec d from the house the pet. for a medical society with an order of the 
house referring the same to a Com ee of 4 to join a Com ee of Council, 
which was read <& it was Resolved to join said Committee & Mr French 
was app d - 

Rec d from the house the petition of John Fuller with an order of the 
House referring the same to the joint Committee of Claims, which was 
read & it was Resolved to join in said reference. 

Rec d the pet. of Gad Langdon & al. with an order of the house refer- 
ring the same to a Com ee of 4 to join a Com ee of Council, which was 
read & it was Resolved to concur with the house in said Reference & Mr 
Crafts was appointed to join said Committee. 

Adjourned to 9 O'C. A. M. Tomorrow. 



Wednesday October 17 th - 1810, 9 O'C. A. M. 

Council met pursuant to adjournment. 

The Hon. Royall Tyler, Theophilus Herrenton [Harrington] & David 
Fay Esqr 8 - appeared in Council and the oaths of office were duly admin- 
istered to him the said Royall Tyler Esq r - as Chief Judge, & to them the 
said Theophilus Herrenton & David Fay Esq 1 "- as side or assistant 
Judges of the Supreme Court of Judicature and Court of Chancery of 
the State of Vermont for the year ensuing, when they withdrew. 

Rec d from the House the following Resolution: In General Assembly 
Oct. 16 th ' 1810, " Resolved, that His Excellency the Gov. be requested 
with and by the advice of Council to appoint the first thursday of De- 
cember next to be observed as a day of public thanksgiving & praise 
throughout this State. Adopted. Attest W. D. Smith, Clk"— which 
was read & it was then Resolv'd to advise his Excellency accordingly. 

.Pet. of Caleb Farrar and Joseph Breck [received] with an order of the 
house on each referring the same to the j* Com ee of Suspension, which 
being read it was Resolved to concur with the house in the said 
reference. 

Pet. of Obadiah Walker for the continuance of a turnpike with an 
order of the house referrs the same to the j* Turnpke Com ee » which 
was read & it was Resolved to concur with the house in said reference. 

Rec d from the House the pet. of Samuel Dakin & others with an order 
of the house referring the same to the j* Com ee of Manufactures, which 
was read & it was Resolved to concur with the house in said reference. 

The Gov. & Council met the house in the representatives' room for 
the purpose of receiving the County nominations pursuant to the con- 
currant resolution of both houses, and after progress the Committee 
adjourn d to Saturday next, when the Gov. & Council returned to their 
Chamber. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Council met pursuant to adjournment. 

Rec d from the House the bill en d an act suspending the collection of 
a demand against Jonathan Hastings & Luke Noble, [which] was read 
& Committed to Messrs Wright, Loomis & Seymour. 



288 Governor and Council — October 181Q. 

Pet. of Josiah Edson, praying for an act of insolvency, & the Remon- 
strance of Abijah Holton ag* said Pet. were rec d with an order of the 
house on each referring the same to the joint Committee of Suspension 
& insolvency, which were read & it was then Resolved to concur with 
the House in their said reference. 

Rec d from the house the pet. of Clark Conant with an order of the 
house referring the same to the J* Com ee on the pet. of Gad Langdon & 
al. which was read & it was Resolved to concur with the house in their 
said reference. 

Pet. of the Inhabitants of Deweysburgh was rec d with an order of the 
house to refer the same to a Com ee of 4 to join a Committee of Council, 
which was read & it was Resolved to concur with the house in their 
said reference & Mr Keyes was appointed to join. 

Rec d from the House the pet. of the Inhab. of Roxbury & Brookline 
with an order of the House referring the same to the joint Com ee on the 
pet. of Wardsboro N. D. which was read & it was Resolved to concur 
with the House in their said reference. 

Rec d the Pet. of Seth Wetmore &c. with an order of the House 
referring the same to a Com ee of 4 to join & [it] was Resolved to concur 
with the house in their said reference & Mr Hunter was app d to Join. 

Pet. of Parley Davis was rec d with an order of the house referring the 
same to the joint Com ee of Claims, which was read & it was Resolved to 
join in s d reference. 

Rec d the pet. of Asahel Noble against Hiram Curtiss for a new trial, 
with an order of the house referring the same to the joint Committee 
on new trials, which was read & it was Resolved to concur with the 
house in their said reference. 

Adjourned to 9 O'C. A. M. To Morrow. 



Thursday, October 18 th - 1810, 9 O'C: A. M. 

The Council met pursuant to adjournment. 

The Gov. directed the Secretary to transmit the [following] communi- 
cation to the House: 

To the Hon. Dudley Chase Esq r - Speaker of the house of Representatives: 
Sir, I transmit for the information of the House the resolutions of the 
legislatures of several of the United States on the different proposals of 
amendment to the Constitution of the United States by the legislatures 
of Massachusetts, Pennsylvania & Virginia. The papers are marked 
from No. 1 to No, 10 inclusive. 

I have also to inform the house of the actual removal of Major Gen- 
eral Eli Cogswell out of the State, and that of course the office of Major 
General of the 2 d div. of the Militia of this State becomes vacant. I 
have received & accepted the resignation of Gen. Samuel Strong, Major 
General of the 3 d div.; of Gen 1 Caleb Hendee Jr. of the 2 d brigade & 
2 d division, & of Gen. John Fuller of the 2 d brigade & 1 st division of the 
Militia of this State. The Gen. Assembly will take those measures 
which they deem proper. 

The paper marked No. 11 contains the information of the Commissary 
General respecting the contemplated purchase of artillery for the militia 
of this state. Should the subject require further attention, the Gen. 
Assembly will take the subject into their consideration. 

There are now received by me 228 copies of the laws of the United 
States passed [at] the 2 d Session of the 10 th Congress, they being this 
State's proportion of the same. The Gen. Assembly will please to 
direct the mode of distribution. With Respect, yours, 

Jonas Galusha. 

Hon. D. Chase Esq. S. Q. A. 



Governor and Council — October 1810. 289 

Rec d from the house the following engrossed Bills: one entitled "an 
act for the relief of Ebenezer Markham," one entitled " an act for the 
relief of Thomas Law," one entitled " an act altering the name of 
Hiram Bigelow " [to Hiram Bigelow Strong,] which were severally read 
and it was Resolved to concur with the house in passing the same into 
Laws. 

Rec d from the house the following petitions, Viz. of O. Chapin & oth- 
ers for a turnpike; For a Turnpike through Plymouth; Of Inhabitants 
of Fairhaven, Castleton & Hubbarton; Remonstrance from Sudbury; 
[and] Pet. from Shrewsbury for a Turnpike, with an order of the house 
on each to refer them to the joint Turnpike Committee, which were 
read & it was Resolved to concur with the house in their said reference. 

Rec d from the house the pets, of Nathan Shed, of Henry Whitcher, 
[and] of Oliver Harmon, with an order of the House on each referring 
the|n to the joint Com ee of Claims, which being read it was Resolved to 
concur with the house in their said reference. 

Rec d from the house the Pets, of Jonathan Ware, of Benjamin Water- 
man, [and] of Shipley Willis, with an order of the house to refer the 
same to the joint Com ee of Insolvency & Suspension, which being read it 
was Resolved to concur with the House in their said reference. 

Rec d from the house the pet. of Middlesex for a land tax with an 
order of the House referring the same to the l Bt joint Com ee of land 
taxes, which being read it was Resolved to concur with the house in 
their said reference. 

Rcc d the Pet. of Sheldon for a land tax with an order of the house to 
refer the same to the joint Com ee on land taxes the 2 d ' which was read & 
it was Resolved to concur with the house in passing the same. 

Rec d from the house the Pet. of the proprietors of Sheffield with 
an order of the house referring the same to a Com ee of 4 to join a 
Com ee of Council, which was read & it was Resolved to join said Com ee 
of the House & Mr Bliss was app d - 

Rec d from the house the pet. of Inhab. of Deweysburgh with an order 
of the house to refer the same to the joint Com ee on the pet. to annex 
Deweysburgh to Peacham, which was read & it was Resolved to concur 
with the house in their said reference. 

Rec d from the house the pets, of John W. Blake & Curtiss Holgate 
with an order of .the house on each to refer the same to the joint Com-' 
mittee on the bill lor building a bridge across the narrows of Lake 
Memphramagog, which was read & it was Resolved to concur with the 
house in passing the same. 

Rec d from the house the pet. of Coit's Gore for a town by the name of 
Walpole, with an order of the house referring the same to the joint 
Committee on the pet. of Wardsboro N. District, which being read it 
was Resolved to concur with the house in their said reference. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Council Met pursuant to adjournment. 

Rec d from the house the Engrossed bill entitled "an act Suspending 
the collection of a demand ag*- Jonathan Hastings & Luke Noble, 
which was read & it was Resolved to concur with the house in passing 
the same into a law with the following proposals of amendment, Viz. 
" Sec 2 d > and it is hereby further enacted, that the Clerk of the Supreme 
"Court in Bennington County be and hereby is authorised and im- 
"powered to issue an alias Execution on the aforesaid Judgment at any 
"time within one year after the first day of October next if the Jug*- be 
"not then paid, any law or usage to the contrary notwithstanding." [In 

19 



290 Governor and Council — October 1810. 

Section one] after the word "year" add from the "1 st day of October in- 
stant;'' 1 after "day of" erase "October 1 & insert "March last. 11 

Rec d from the house the pet. of Nathan Burton agent for the Frank- 
lin Artillery Co. wilh an order of the house referring the same to the 
joint Military Com ee ' which was read & Resolved to concur with the 
house in their said reference. 

Rec d the petitions of Ben. Porter, Sylvanus & Samuel Brigham, 
for a new trial, which were read & it was Resolved to concur with the 
house in referring the same to fhej*- Com ee of New trials. 

Rec d from the house the Pet. of Abel Piatt with an order of the house 
referring the same to the joint Com ee on the Pet. of John Dunbar, 
which was read & it was Resolved to concur with the house in their said 
reference. 

Rec d from the house the Pets, of Morgan & Victory praying for land 
taxes with an order of the house on each referring the same to the 
3 d joint land tax Com ee ' which were read & Resolved to concur with the 
house in their said references. 

Rec d from the house the pet. of Ira Allen praying for an act of Sus- 
pension with an order of the house referring the same to the j* Com ee of 
Suspension & insolvency, which was read & it was Resolved to concur 
with the house in their said reference. 

Rec d from the house the pet. of the Rutland & Stockbridge Turnpike 
Company with an order of the house to refer the same to the joint Turn- 
pike Committee, which being read it was Resolved to concur with the 
house in their said reference. 

Rec d from the house the pet. of Woodbury, Calais, & Montpelier for a 
land tax, with an order of the house to refer the same to the joint 
2 a land tax Com ee ' which was read & it was Resolved to concur with the 
house in their said reference. 

The Pets, of Cavendish, for the pardon of Abel Whitman; of Royall 
Freeman; of N. Stevens; of John Flanigan; of George G. Giles; of 
Ephraim Lilly; of Chester Pease; of Abel Willard; of Benjamin Cul- 
ver; Seth Paine, & of Michael Pardue; who state that they are confined 
to hard labor in the State's prison pursuant to sentences of the Supreme 
Court, for the terms of time in their pet. mentioned, praying for pardon, 
which were severally read and then Ordered to lie on the table. 

The Pet. of Daniel Wilber, who had been convicted and Sentenced to 
hard labor, praying for a pardon, which was read & ordered to lie. 

Adjourned to 9 O'C. A. M. Tomorrow. 



Friday October 19 th ' 1810, 9 O'C. A. M. 

Council met pursuant to adjournment. 

Rec d from the House the report of president of the State Bank with 
an order of the house to refer the same to the joint Comm ee on the 
resolution of [as to ] the State Bank, which was read & Resolved to 
concur with the house in said reference. 

Rec d from the house the pet. for an acadenvy in Addison with an 
order of the house referring the same to the joint Committee on the 
Pet. from West Rutland for an academy, which was read & it was 
Resolved to ooncur with the house in their said reference. 

Pet. of proprietors of Orange with an order of the house referring the 
same to the joint Com ee on the pet. of M* Tabor, which was read & it 
was Resolved to concur with the house in their said reference. 

Rec d from the house the pet. of Tho 8 - Bird & others with an order of 
the house referring the same to the joint Com ee of Manufactures, which 



Governor and Council — October 1810. 291 

was read & it was Resolved to concur with the house in their said 
reference. , 

Rec d from the house the bill en d "an act directing the treasurer to pay 
the first constable of Lyndon the sura therein mentioned," and also the 
Pet. of John Barry, with orders of the house on each referring the same 
to the joint Committee of Claims, which were read & it was Resolved 
to concur with the house in their said reference. 

Rec d &c. the pet. of Horatio Reed & account, with an order of the 
house to refer them to the joint Com ee on the pet. of Seth Wetmore, 
which being read it was Resolved to concur with the house in their said 
reference. 

Rec d the Pets, of Dexter Ward; of Artemas Moses; of Folsom Dean; 
and the pet.,of Eleazer W. Keyes, each praying for an act of Suspension, 
with orders of the house on each referring the same to the joint Com ee 
of Suspension, which being read Resolved to concur with the house in 
their said reference. 

Rec d &c. the Pet. of St. Johnsbury & Lunenburgh for land taxes, 
with an order of the house on each referring the same to the 2 d joint 
Land tax Committee, which was read & Resolved to concur with the 
house in their said reference. 

The Pet. of Nathan Stephens, Stating that he had been convicted of 
Committing a Rape &c. praying for a pardon, was called up, read & 
ordered to lie on the table for consideration. 

The Pet. of John Norton Jr. was called up, read & ordered to lie on 
the table for further consideration. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M.— Council met pursuant to adjournment. 

Rec d from the house the bill en d "an act directing the treasurer to pay 
the sums therein mentioned," with an order of the house to refer the 
same to the joint Com ee of Claims, which being read it was Resolved to 
concur with the house in passing the same order of reference. 

Rec d from the House the pet. of David Pike with an order of the 
house referring the same to the joint Com ee on the Pet. of Stephen Roe 
Bradley, which was read & it was resolved to concur with the house in 
said reference. 

Rec d the memorial of Josiah Bates vs Lawrence Powers with an order 
of the house referring the same to the joint Com ee of New Trials, which 
was read & it was Resolved to concur with the house in their said 
reference. 

Rec d from the house the pet. of proprietors of M> Tabor, which had 
been this Session refer d to a joint Com ee who made report which was not 
accepted, and by order of the house referred to the same Comm ee » which 
was read & it was Resolved to concur with the house in recommitting 
said petition to the afores d Comm ee - 

Rec d from the house a pet. for an Independant Company in Essex 
County, with an order of the house to refer the same to the joint Military 
Com ee > which was read & it was Resolved to concur with the house in 
said reference. 

Re c d from the house the following Resolution: "In Gen. Assembly 
Oct. 19 th 1810. Resolved, the Gov. & Council concurring herein, that 
both houses meet in the Representatives' room tomorrow morning at 10 
O'C. for the purpose of Electing a Major General to fill the vacancy 
occasioned by the removal from this State of Gen. Cogswell; also a 
Major General to fill the vacancy occasioned by the resignation of Maj. 
Gen. Strong; and a Brigadier General to fill the vacancy occasioned by 
the resignation of Gen. Fuller, and also a Brigadier General to fill 



2&2 Governor and Council — October 1810. 

the vacancy occasioned by the resignation of Gen. Hendee. Attest 
W. D. Smith Clk." — which being read, it was Resolved to concur with 
the house in passing the same. 

The pet. of John Norton Jr. was called up and the Subject of the pet. 
being divided: the question being put "Shall the prayer of the pet. be so 
far granted as it relates to the remission of the fine?" and the yeas & 
nays being called for, they were, — Yeas None, Nays, N. Chittenden, 
Loomis, Crafts, Dennison, Bliss, Hunter, Seymour, Butler, French, 
Wright, Smith & Keyes. So the question was decided in the negative. 

Adjourned to 9 O'C. A. M. tomorrow. 



Saturday Oct. 20 th ' 1810, 9 O'C. A. M. 

The Council met pursuant to adjournment. 

The pet. of Nathan Stephens jr. was called up read & on debate it 
was unanimously ordered to be dismissed. 

Pet. of Obadiah Wheeler & Joseph Barney was rec d with an order of 
the house recommitting the same to the joint Com ee appointed on the 
same, which was read & it was Resolved to concur with the house in 
their said reference- 

The Gov. & Council pursuant to adjournment met the house in joint 
Committee for the purpose of compleating the County appointments; 
and after progress [the joint Committee] adjourned to 2 O'C. P. M. 
They returned to their Chamber & Council adjourned to 2 O'C. P. M. 

2 O'C. P. M. — The Council met pursuant to adjournment. 

The Gov. & Council met the house in the Representatives' room 
agreeable to adjournment, & then [the joint Committee] adjourned to 
tuesday next 2 O'C. P. M. for the purpose of Electing Generals as by a 
resolution appointed; and to Wednesday next at the opening of the 
house in the morning for the purpose of completeing County appoint- 
ments. Then the Gov. & Co. returned to their Chamber. 

The pet. of Benjamin Culver, praying for a pardon, was called up and 
on the question "Shall the prayer of said petition be granted?" The 
yeas & nays were called for & taken as follows: Yeas, Messrs Dennison, 
Hunter, French, Wright, Smith, Keyes & his Hon. the I> Governor. 
Nays were Messrs Loomis, Bliss & Seymour. So the question was de- 
cided in the affirmative and the prayer of said pet. was granted. The 
Gov. was requested by Council to issue a pardon to the said .Benjamin 
Culver in the following form, to wit. 

State of Vermont, SS. Whereas Benjamin Culver of Berlin in 
the County of Orange stands convicted of Record by the Supreme Court 
of Judicature at their session holden at Danville within & for the County 
of Caledonia on the third tuesday next following the fourth tuesday of 
August A. D. 1809, for the crime of Larceny, and has been sentenced 
by said Court in consideration of his offence to be confined to hard labor 
for the term of three years within the State's prison and to pay all costs 
of prosecution, in pursueance of which conviction and sentence the said 
Benjaniin Culver is now confined in said prison: And whereas the said 
Culver hath preferred his petition to the Governor & Council praying 
for a pardon for his said offence and remission of his said sentence: In 
consideration of which the Governor & Council of said State have Voted 
& Resolved to pardon the said Culver and to remit the pains & penal- 
ties of said Sentence and have requested .the said Governor to issue a 
pardon to him the said Culver in due form of Law: Now, be it Known 
to all to whom it may concern, that I, the undersigned, Governor in & 
over the State of Vermont, do in my own name & for & in behalf of the 



Governor and Council — October 1810. 298 

Council of the State, for divers good causes, us, thereunto, especially 
moving, freely & fully Pardon the said Benjamin Culver: and by these 
presents, do remit, release & exhonerate the said Benjamin Culver of & 
from all legal disabilities, pains & penalties incurred in & by said Convic- 
tion & Sentence. In testimony whereof, I have caused the seal of the 
State to be hereunto affixed. Done in Council Chamber at Montpelier 
this 20 th day of October A. D. 1810. Jonas Galtjsha. 

By His Excellency's Command, 

R. C. Mallary, Secretary. 

Ordered that the Secretary issue the following warrant: 

In Council Chamber, Montpelier, October [20] A. D. 1810. 

To the Visitors, Superintendant & Keeper of the State's Prison, Greet- 
ing: Whereas Benjamin Culver of Berlin & County of Orange Stands 
convicted of Record, by the Supreme Court of Judicature at their Ses- 
sions holden at Danville within & for the County of Caledonia on the 
third tuesday next following the fourth Tuesday of August A. D. 1809, 
of the crime of larceny, and has been sentenced by said Court in con- 
sideration of his said offence to be confined to hard labor for the term of 
three years, within said State's prison, and to pay costs of prosecution: 
In pursuance of which conviction, and to carry said sentence into effect, 
the said Benjamin Culver is by virtue of a warrant issued by said Su- 
preme Court, now a prisoner in your custody within said prison: And 
whereas the Governor & Council, on the humble petition of said Benja- 
min Culver, and [in] pursuance of the power vested in them by the 
Constitution, fully & freely pardoned the said Benjamin Culver, and have 
remitted all & singular the legal pains & penalties of said Sentence: 
These are therefore, By The authority of the State of Vermont, to com- 
mand & require you and each of you, forthwith, no longer to restrain 
the said Benjamin Culver of his liberty, but permit him to go at large, 
from the walls of said prison, whither he will; strictly commanding you 
not to detain him for Costs of prosecution or on any other pretence 
whatever: of which doings these presents shall be your sufficient 
warrant. 

By order of His Excellency the Governor & The Honorable Council. 

Attest R. C. Mallary Secretary. 

Rec d from the House the bill entitled u an act laying a tax of 3 cents 
per acre on the town of Greensboro' " with an order of the house refer- 
ring the same to the joint l 8t land tax Com ee » which was read & it was 
Resolv'd to concur with the house in said reference. 

Rec d from the house the pets, of Daniel Stanniford & Jonah Grover, 
with an order of the house referring the same to the joint Com ee of 
Claims, which were read & it was then Resolved to concur with the house 
in their said reference. 

Rec d from the house the pet. of Silas Hathaway, which had been pre- 
viously committed to a Com ee who made report, with an order of the 
house referring the s d pet. to the afores d Com ee ' which was read & it was 
Resolved to concur in their said reference. 

Rec d from the house the pet. of Samuel & Keron Pond with an order 
of the house to refer the same to a Com ee of 4 to join, which was rea* 1 
& it was Resolved to concur with the house in s d reference & Mr Sey- 
mour was appointed to join. 

Rec d from the house the pet. of Poultney Turnpike Co. with an ord< v 
of the house referring the same to the joint turnpike Com ee » which was 
read & it was Resolved to concur with the house in their said reference. 

Rec d a Pet. for the Lyndon Manufacturing Company, with an order -jt 
the house referring the same to the joint Com ee of Manufactures, whicb 



294 Governor and Council — October 1810. 

was read & it was Resolved to concur with the house in their said ref- 
erence. 

Rec d from the house the following engrossed bills, Yiz. one entitled 
" an act directing the treasurer to pay Josiah Dunham the sum of ninety- 
one dollars"; one Entitled u an act incorporating a Company by the 
name of the Thetford Mineral Company," and one entitled " an act to 
incorporate a Company by the name of the Orange Mineral Company," 
which were severally read & it was Resolved to concur with the house 
in passing the same into laws. 

Adjourned to 9 O'C. Monday A. M. 



Monday, October 22*. 1810, 9 O'C. A. M. 

The Council met pursuant to adjournment. 

Rec d from the house the pet. of the Rifle Company in Rutland, which 
had been committed and then by an order of the house recommitted to 
the first app d Com ee . which was read; Resolved to concur with the house 
in their order of recommitment. 

Rec d the Pet. of Amos Babcock with an order of the house referring 
the same to the joint Committee of Claims, which was read & it was 
resolved to concur with the house in their said reference. 

Rec d the Pet. from Middletown for a turnpike, which was laid over 
from last Session and now called. up, with an order of the house refer- 
ring the same to the joint turnpike Committee, which was read & Re- 
solved to concur with the house in their said reference. 

Bec d from the house the following engrossed bills: one Entitled "an 
act granting a tax of three cents pr acre on the town of Eairfield," and 
one entitled " an act to establish, the town records of Eden," which were 
read & it was Resolved to concur with the house in passing the same 
into laws. 

The following resolution was brought forward & passed: In Council 
Oct. 22 d ' 1810. Resolved, the General Assembly concurring herein, that 
a joint Committee be appointed to take into consideration the operations 
of pardons, & their extent, granted to criminals, & they be instructed to 
report by bill or otherwise. Messrs Seymour & Loomis appointed to 
join a Committee the house may please to appoint. R. C. Mallary Sec. 

The pet. of Royall Freeman, praying for a pardon, was called up and 
on the question, Shall the prayer thereof be granted? the Yeas & Nays 
were called for & taken as follows: Yeas, none; ]STays were Messrs. 
Loomis, Denison, Bliss, Hunter, Seymour, French, Wright, Smith & 
Keyes; so the prayer of said pet. was not granted; and said pet. or- 
dered to be dismissed. 

The Pet. of John Flanigan was called, praying for a pardon, and on 
the question Shall the prayer thereof be granted ? the Yeas & Nays 
were called for & were taken — Yeas, none; Nays, Messrs Loomis, Den- 
ison, Bliss, Hunter, Seymour, Butler, French, Wright, Smith & Keyes; 
so the prayer of said pet. was not granted & said petition was ordered to 
be dismissed. 

Pet. of George G. Giles was called up praying for a pardon, when the 
Yeas & Nays were called for & taken — Yeas, none — Nays, Messrs. 
Loomis, Denison, Bliss, Hunter, Seymour, French, Butler, Wright, 
Smith & Keyes — so the prayer thereof was not granted & said petition 
ordered to be dismissed. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Council met pursuant to adjournment. 

Rec d from the house the resolution of the house appointing a Com- 
mittee of the house to join a Com ee of Council to enquire what provis- 



Governor and Council — Oetober 1810. 295 

ion ought to be made for those who may be coufined to goal on Execu- 
tions in favor of the State, which was read & Resolved that the Co. con- 
cur in said resolution & Mr Wright was app d to join said Com ee - 

Rec d from the house the bill entitled u an act respecting goal bonds" 
with an order of the house referring the same to a Oom ee of 4 to join, 
which was read & Concurred & Mr Smith joined. 

Rec d from the house the following engrossed bills, to wit: one entitled 
"an act concerning the grand list of Westminster;" "an act laying a tax 
of 3 cents pr acre on Middlesex;" "an act extending the time allowed to 
complete the Yergennes & Willsboro Turnpike road;" one entitled "an 
act assessing a tax on Peru," which were read & Resolved to concur 
with the house in passing the same into laws. 

The resolution of Council appointing a Com ee to take into considera- 
tion the extent & operation of Pardons was returned to Council con- 
curred from the house & 5 members appointed to join the Comm ee of 
Council. 

The bill entitled "an act for the relief of John Norton Jr." was intro- 
duced, read & passed, & ordered to be sent to the General Assembly for 
concurrance; on the question Shall said bill pass? the Yeas & Nays 
were called for & they were, Yeas Messrs Loomis, Dennison, Bliss, Hun- 
ter, Seymour, French, Wright, Smith & Keyes, & his Hon. the I> Gov; 
Nays were Mr Butler. 

Pet. of Dan 1 Wilbur was called up and on the question Shall the 
prayer of said Pet. be granted? the Yeas & Nays were called for & were 
Yeas none; Nays Gov. Brigham, Messrs Loomis, Dennison, Bliss, Hun- 
ter, Seymour, Butler, French, Wright, Smith & Keyes. So the prayer of 
said Pet. was not granted & said Pet. ordered to be dismissed. 

The pet. of Abel Whitman, praying for pardon, was called up; on the 
question Shall the prayer of said petition be granted? The Yeas & Nays 
were called for & were as follows: Yeas, none. Nays Gov. Brigham, 
Messrs. Loomis, Denison, Bliss, Hunter, Seymour, Butler, French, 
Wright, Smith & Keyes. So the prayer was not granted & the petition 
ordered to be dismissed. * 

The pet. of Bates Content, praying for pardon, was called up & on the 
question Shall the prayer of said pet. be granted? it then was ordered to 
lie for further consideration. 

The pet. of A,bel Willard, a convict of State's prison, praying for 
pardon, was called up & ou the question Shall the prayer of said pet. be 
granted? the Yeas & Nays were called for & taken as follows: Yeas 
none ; Nays Gov. Brigham, Messrs. Loomis, Denison, Hunter, Sey- 
mour, French, Butler, Wright, Smith & Keyes & Bliss. So the prayer 
of said pet. was not granted & said pet. ordered to be dismissed. 

Rec d from the house the request of the Corporation of the University 
of Vermont for a Committee with an order of the house referring the 
same to a Committee of 4 to join a Com ee of Council, which was read & 
it was Resolved to concur with the Louse in their said reference & 
Messrs Brigham & Denison joined. 

Rec d from the house the engrossed bill entitled "an act freeing the 
body of Josiah Edson from arrest," which was read & Resolved to con- 
cur with the house in passing the same into a law. 

Adjourned to tomorrow 9 O'C. A. M. 



Tuesday October 23 d 1810, 9 O'C. A. M. 
The Council met pursuant to adjournment. 

Rec d from the house the bill enti d "an act in addition to and amend- 
ment of an act for the probate of wills & testaments of testate & intestate 



296 Governor and Council — October 1810. 

estates," with an order of the house referring the same to a Com ee of 3 
to join, which was read & it was Resolved to concur with the house in 
their said reference & Mr Denison was app d to join said Com ee - 

Rec d the engrossed bill entitled "an act laying a tax of 4 cents pr acre 
on the town of Warren," which was read & it was Resolved to concur 
with the house in their said reference. 

The pet. of Ephraim Libby, praying for a pardon, was now called up 
&on the question Shall the prayer of said petition be granted? the Yeas 
& Nays were called for & they were Yeas none; Nays, Messrs. Chitten- 
den, Loomis, Crafts, Denison, Bliss, Hunter, Seymour, Butler, Wright, 
French & Smith. So the prayer of said pet. was not granted, [and] the 
pet. was Ordered to be dismissed. 

The pet. of Chester Peas was called up praying for a pardon, which 
was read & on the question Shall the prayer of said pet. be granted? the 
Yeas & Kays were called for & taken as follows: Yeas, none; Nays 
Messrs. Chittenden, Loomis, Crafts, Denison, Bliss, Hunter, Seymour, 
Butler, French, Wright, & Smith. & so the prayer of said pet. was not 
granted & said pet. ordered to be dismissed. 

Rec d from the house the bill entitled -'an act for the relief of John 
Norton Jr." (which had been sent down from Council) with a proposal 
of amendment of the house, which was read & Resolved to concur with 
the house in their proposal of amendment to said bill. 

Adjourned to 2 O'C. P. M. 

2 O'C. P. M. — Council met pursuant to adjournment. 

Rec d from the house the bill entitled "an act incorporating certain 
persons therein named by the name of the Warren Manufacturing Com- 
pany," with an order of the house referrs the same to the joint manu- 
facturing Com ee « which was read & it was Resolved to concur with the 
house in their said reference. 

The Governor & Council proceeded to the Representatives' room & 
met the house in joint Com ee for the purpose of electing Major & Briga- 
dier Generals pursuant to adjournment, which being compleated they 
returned to their Chamber. *• 

The engrossed bill entitled "an act empowering Aaron Shepard, 
Levi Stevens